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SERIOUS ACCIDENTS PUNISHMENT ACT

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SERIOUS ACCIDENTS PUNISHMENT ACT No.17907 20220127
CHAPTER I GENERAL PROVISIONS
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Article 1 (Purpose)
The purpose of this Act is to prevent serious accidents and protect the lives and physical safety of citizens and workers by prescribing the punishment, etc. of business owners, responsible managing officers, public officials, and corporations that have caused casualties in violation of their duties to take safety and health measures while operating businesses or places of business, public-use facilities, or public transportation vehicles or handling materials or products harmful to human bodies.
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Article 2 (Definitions)
The terms used in this Act are defined as follows:
1. The term "serious accident" means a "serious industrial accident" or a "serious civic accident";
2. The term "serious industrial accident" means an industrial accident defined in subparagraph 1 of Article 2 of the Occupational Safety and Health Act, which causes any of the following:
(a) At least one person has died;
(b) At least two persons have been injured due to the same accident, requiring medical treatment for at least six months;
(c) At least three persons have developed occupational diseases prescribed by Presidential Decree, such as acute poisoning attributable to the same hazardous factor, within one year;
3. The term "serious civic accident" means an accident resulting from a defect in the design, manufacture, installation, and management of a specific raw material or product, public-use facility, or public transportation vehicle, which causes any of the following: Provided, That an accident classified as a serious industrial accident shall be excluded herefrom:
(a) At least one person has died;
(b) At least 10 persons have been injured due to the same accident, requiring medical treatment for at least two months;
(c) At least 10 persons have developed diseases for the same cause, requiring medical treatment for at least three months;
4. The term "public-use facility" means a facility prescribed by Presidential Decree, taking into account the scale, area, etc. of the relevant facility, among the following facilities: Provided, That the businesses or places of business of micro enterprises defined in Article 2 of the Act on the Protection of and Support for Micro Enterprises, non-profit facilities equivalent thereto, and educational facilities defined in subparagraph 1 of Article 2 of the Act on the Safety and Maintenance of Education Facilities shall be excluded herefrom:
(b) An establishment under subparagraph 1 of Article 2 of the Special Act on the Safety Control and Maintenance of Establishments (excluding multi-family housing buildings);
(c) A place of business specified in Article 2 (1) 1 of the Special Act on the Safety Control of Publicly Used Establishments, whose total floor area (referring to the area calculated pursuant to Article 84 of the Building Act) used for the relevant business is at least 1,000 square meters;
(d) Any other facility corresponding to those specified in items (a) through (c), which is highly likely to endanger a human life or cause physical damage when any accident occurs;
5. The term "public transportation vehicle" means any of the following used by the general public:
(a) Urban rolling stock used for operating the urban railroad defined in subparagraph 2 of Article 2 of the Urban Railroad Act;
(b) A locomotive or passenger coach (excluding those used for exclusive railroads under subparagraph 5 of Article 2 of the Railroad Service Act) among rolling stock defined in subparagraph 4 of Article 3 of the Framework Act on Railroad Industry Development;
(c) A motor vehicle for passengers and freight used for route passenger transport business under subparagraph 1 (d) of Article 3 of the Enforcement Decree of the Passenger Transport Service Act;
(d) A passenger ship defined in subparagraph 1-2 of Article 2 of the Marine Transportation Act;
(e) An aircraft used for air transport service defined in subparagraph 7 of Article 2 of the Aviation Business Act;
6. The term "product" means any movable property that is manufactured or processed (including those incorporated into another movable or immovable properties);
7. The term "worker" means any of the following persons:
(a) An employee under the Labor Standards Act;
(b) A person who provides labor for the purpose of consideration in conducting the business, irrespective of the form of contract, such as contracting, outsourcing, and entrustment;
(c) Where the business is conducted in accordance with several tiers of contracts, the contractor in each phase and the person who has relations under item (a) or (b) with the contractor;
8. The term "business owner" means a person who operates his or her own business or a person who conducts business by using the labor of others;
9. The term “responsible managing officer, etc.” means any of the following persons:
(a) A person who represents the business and is authorized and responsible to exercise general supervision over the business, or a person who takes charge of safety and health affairs in a corresponding manner;
(b) The head of a central administrative agency, the head of a local government, the head of a local public enterprise under the Local Public Enterprises Act, and the head of a public institution designated pursuant to Articles 4 through 6 of the Act on the Management of Public Institutions.
CHAPTER II SERIOUS INDUSTRIAL ACCIDENTS
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Article 3 (Scope of Application)
The provisions of this Chapter shall not apply to business owners or responsible managing officers, etc. of businesses or places of business with fewer than five full-time employees (limited to private business owners; hereinafter the same shall apply).
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Article 4 (Duties of Business Owners and Responsible Managing Officers to Secure Safety and Health)
(1) A business owner or a responsible managing officer, etc. shall take the following measures to prevent hazards or risks to the safety and health of workers in the business or place of business that the business owner, corporation, or institution actually controls, operates, or manages, in consideration of the characteristics, scale, etc. of the business or place of business:
1. Measures concerning the establishment and implementation of a safety and health management system, such as human resources and budget necessary to prevent accidents;
2. Measures concerning the formulation and implementation of schemes to prevent recurrence of accidents, when any accident occurs;
3. Measures concerning the compliance with an order to improve, correct, or take other measures issued by central administrative agencies or local governments under the relevant statutes or regulations;
4. Managerial measures necessary to perform duties under safety and health-related statutes or regulations.
(2) Details of the measures under paragraph (1) 1 and 4 shall be prescribed by Presidential Decree.
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Article 5 (Duties to Secure Safety and Health in Relation to Contracting, Outsourcing, and Entrustment)
Where a business owner, a corporation, or an institution has awarded a contract or outsourced, entrusted, etc. any work to a third party, the business owner or responsible managing officer, etc., shall take measures under Article 4 to prevent the third party’s workers from suffering a serious industrial accident: Provided, That this shall be limited to cases where the business owner, corporation, or institution is actually responsible for controlling, operating, and managing the relevant facility, equipment, place, etc.
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Article 6 (Punishment of Business Owners and Responsible Managing Officers for Serious Industrial Accidents)
(1) Any business owner or responsible managing officer, etc. who has violated Article 4 or 5, resulting in a serious industrial accident defined in subparagraph 2 (a) of Article 2 shall be punished by imprisonment with labor for at least one year or by a fine not exceeding one billion won. In such cases, imprisonment with labor and a fine may be imposed concurrently.
(2) Any business owner or responsible managing officer, etc. who has violated Article 4 or 5, resulting in a serious industrial accident defined in subparagraph 2 (b) or (c) of Article 2 shall be punished by imprisonment with labor for not more than seven years or by a fine not exceeding 100 million won.
(3) Any person who has been sentenced to a punishment for committing a crime provided in paragraph (1) or (2) and recommits a crime provided in paragraph (1) or (2) within five years from the date his or her sentence becomes final and conclusive shall be punished aggravatingly by up to 1/2 of the corresponding punishment prescribed in each paragraph.
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Article 7 (Joint Penalty Provisions for Serious Industrial Accidents)
If a responsible managing officer, etc. of a corporation or an institution commits any violations described in Article 6 in conducting the business affairs of the corporation or institution, the corporation or institution shall be punished by a fine prescribed in the following, in addition to punishing the violators accordingly: Provided, That this shall not apply where such corporation or institution has not been negligent in giving due attention and supervision concerning the relevant business affairs to prevent such violations:
1. In the case of Article 6 (1): A fine not exceeding five billion won;
2. In the case of Article 6 (2): A fine not exceeding one billion won.
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Article 8 (Participation in Safety and Health Education Programs)
(1) The responsible managing officer, etc. of a corporation or institution that has caused a serious industrial accident shall complete safety and health education programs, as prescribed by Presidential Decree.
(2) A person who fails to complete safety and health education programs under paragraph (1) without good cause shall be subject to an administrative fine not exceeding 50 million won.
(3) The administrative fines under paragraph (2) shall be imposed and collected by the Minister of Employment and Labor, as prescribed by Presidential Decree.
CHAPTER III SERIOUS CIVIC ACCIDENTS
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Article 9 (Duties of Business Owners and Responsible Managing Officers to Secure Safety and Health)
(1) A business owner or a responsible managing officer, etc. shall take the following measures to protect the lives and physical safety of the users or other persons from any defect in the design, manufacture, and management of raw materials or products produced, manufactured, sold, or distributed at a business or place of business which is actually controlled, operated, and managed by the relevant business owner, corporation, or institution:
1. Measures concerning the establishment and implementation of a safety and health management system, such as human resources, budget, and inspection necessary to prevent accidents;
2. Measures concerning the formulation and implementation of schemes to prevent recurrence of accidents, when any accident occurs;
3. Measures concerning the compliance with an order to improve, correct, or take other measures issued by central administrative agencies or local governments under the relevant statutes or regulations;
4. Managerial measures necessary to perform duties under safety and health-related statutes or regulations.
(2) A business owner or a responsible managing officer, etc. shall take the following measures to protect the lives and physical safety of the users or other persons from any defect in the design, installation, and management of public-use facilities or public transportation vehicles which are actually controlled, operated, or managed by the relevant business owner, corporation, or institution:
1. Measures concerning the establishment and implementation of a safety and health management system, such as human resources, budget, and inspection necessary to prevent accidents;
2. Measures concerning the formulation and implementation of schemes to prevent recurrence of accidents, when any accident occurs;
3. Measures concerning the compliance with an order to improve, correct, or take other measures issued by central administrative agencies or local governments under the relevant statutes or regulations;
4. Managerial measures necessary to perform duties under safety and health-related statutes or regulations.
(3) Where a business owner, a corporation, or an institution has awarded a contract or outsourced, entrusted, etc. any work to a third party in relation to public-use facilities or public transportation vehicles, the business owner or responsible managing officer, etc. shall take measures under paragraph (2) to protect the lives and physical safety of the users or other persons: Provided, That this shall be limited to cases where the business owner, corporation, or institution is actually responsible for controlling, operating and managing the relevant facility, equipment, place, etc.
(4) Details of the measures under paragraphs (1) 1 and 4 and (2) 1 and 4 shall be prescribed by Presidential Decree.
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Article 10 (Punishment of Business Owners and Responsible Managing Officers for Serious Civic Accidents)
(1) Any business owner or responsible managing officer, etc. who has violated Article 9, resulting in a serious civic accident defined in subparagraph 3 (a) of Article 2 shall be punished by imprisonment with labor for at least one year or by a fine not exceeding one billion won. In such cases, imprisonment with labor and a fine may be imposed concurrently.
(2) Any business owner or responsible managing officer, etc. who has violated Article 9, resulting in a serious civic accident defined in subparagraph 3 (b) or (c) of Article 2 shall be punished by imprisonment with labor for not more than seven years or by a fine not exceeding 100 million won.
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Article 11 (Joint Penalty Provisions for Serious Civic Accidents)
If a responsible managing officer, etc., of a corporation or an institution commits any violations described in Article 10 in conducting the business affairs of the corporation or institution, the corporation or institution shall be punished by a fine prescribed in the following, in addition to punishing the violators accordingly: Provided, That this shall not apply where such corporation or institution has not been negligent in giving due attention and supervision concerning the relevant business affairs to prevent such violations:
1. In the case of Article 10 (1): A fine not exceeding five billion won;
2. In the case of Article 10 (2): A fine not exceeding one billion won.
CHAPTER IV SUPPLEMENTARY PROVISIONS
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Article 12 (Notification of Determination of Punishment)
When the sentence for a crime specified in Article 6, 7, 10, or 11 becomes final and conclusive, the Minister of Justice shall notify the fact of such crime to the head of the relevant administrative agency.
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Article 13 (Publication of Occurrence of Serious Industrial Accidents)
(1) With regard to a serious industrial accident resulting from violation of the duties provided in Article 4, the Minister of Employment and Labor may publish the occurrence of such industrial accident, including the name of the place of business, the date, time, and place of the occurrence, and the details and cause of the accident.
(2) The methods, criteria, procedures, etc. for publication under paragraph (1) shall be prescribed by Presidential Decree.
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Article 14 (Special Cases concerning Hearing Procedures)
(1) In a criminal trial as to whether this Act has been violated, the court may, ex officio, examine a victim or his or her legal representative (including the victim's spouse, lineal relatives, and siblings, if the victim dies or is unable to make a statement) as a witness, pursuant to Article 294-2 of the Criminal Procedure Act.
(2) In a criminal trial as to whether this Act has been violated, the court shall designate an expert in the relevant field as a professional examiner and shall have him or her participate in the litigation procedures upon receipt of a request by the prosecutor or the criminal defendant of his or her defense counsel, unless any extenuating circumstance exists.
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Article 15 (Liability for Damages)
(1) Where a business owner or a responsible managing officer, etc. has violated any duty prescribed in this Act intentionally or by gross negligence, resulting in a serious accident, the relevant business owner, corporation, or institution shall be liable for damages to the person who has sustained the damage caused by the serious accident within the limit not exceeding five times the amount of such damage: Provided, That this shall not apply where such corporation or institution has not been negligent in giving due attention and supervision concerning the relevant business affairs.
(2) Where a court determines the amount of damages under paragraph (1), it shall take into account the following:
1. The degree of such intention or gross negligence;
2. The types and details of the violation of duties prescribed in this Act;
3. The scale of damage caused by the violation of duties prescribed in this Act;
4. The economic benefits that the business owner, corporation, or institution acquired by committing the violation of duties prescribed in this Act;
5. The period, frequency, etc. of the violation of duties prescribed in this Act;
6. The current status of property of the business owner, corporation, or institution;
7. The degree of efforts made by the business owner, corporation, or institution to remedy damage and prevent recurrence thereof.
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Article 16 (Support for Business Owners and Report by Government)
(1) The Government shall implement the following so as to secure the safety and health of citizens and workers by preventing serious accidents:
1. Establishment and implementation of comprehensive measures to prevent serious accidents and analysis of causes of such accidents;
2. Support for business owners, corporations, and institutions to establish a safety and health management system;
3. Technical support and guidance for business owners, corporations, and institutions to prevent serious accidents;
4. Providing education and conducting public relations to achieve the purpose of this Act.
(2) The Government may, within the budget, fully or partially subsidize business owners, corporations, or institutions for expenses incurred in projects for preventing serious accidents, such as the improvement of hazardous or risky facilities, the purchase of protective gear, and the health checkup and health care of workers.
(3) The Government shall report the progress of implementation of measures to prevent serious accidents, etc. and the status of support for the relevant projects under paragraphs (1) and (2), to the competent standing committee of the National Assembly semiannually.
ADDENDA <Act No. 17907, Jan. 26, 2021>
Article 1 (Enforcement Date)
(1) This Act shall enter into force one year after the date of its promulgation: Provided, That for a sole proprietor or a business or place of business with fewer than 50 full-time employees (in cases of construction business, construction works with the construction cost of less than five billion won) as at the time this Act enters into force, this Act shall enter into force three years after the date of its promulgation.
(2) Notwithstanding paragraph (1), Article 16 shall enter into force on the date of the promulgation.
Article 2 Omitted.

ENFORCEMENT DECREE OF THE SERIOUS ACCIDENTS PUNISHMENT ACT

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ENFORCEMENT DECREE OF THE SERIOUS ACCIDENTS PUNISHMENT ACT No.35805 20251001
ENFORCEMENT DECREE OF THE SERIOUS ACCIDENTS PUNISHMENT ACT No.35716 20250828
ENFORCEMENT DECREE OF THE SERIOUS ACCIDENTS PUNISHMENT ACT No.35696 20250807
ENFORCEMENT DECREE OF THE SERIOUS ACCIDENTS PUNISHMENT ACT No.33023 20221208
ENFORCEMENT DECREE OF THE SERIOUS ACCIDENTS PUNISHMENT ACT No.32020 20220127
CHAPTER I GENERAL PROVISIONS
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Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the Serious Accidents Punishment Act and those necessary for the enforcement thereof.
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Article 2 (Persons with occupational diseases)
"Persons with occupational diseases prescribed by Presidential Decree" in subparagraph 2c of Article 2 of the Serious Accidents Punishment Act (hereinafter referred to as the "Act") means persons who have developed any of the occupational diseases specified in Appendix 1.
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Article 3 (Public-use facilities)
"Facility prescribed by Presidential Decree" in the main clause, with the exception of the items, of subparagraph 4 of Article 2 of the Act means any of the following: <Amended on Aug. 26, 2025>
1. Facilities specified in Appendix 2 among those under subparagraph 4a of Article 2 of the Act;
2. Establishments specified in Appendix 3 among those under subparagraph 4b of Article 2 of the Act; provided, the following buildings shall be excluded herefrom:
a. Buildings in which housing and facilities other than housing are constructed in the same building;
b. Buildings, the main use of which is an officetel under subparagraph 14b2) of Appendix 1 of the Enforcement Decree of the Building Act;
3. Places of business under subparagraph 4c of Article 2 of the Act;
4. The following facilities among those under subparagraph 4d of Article 2 of the Act (excluding establishments under subparagraph 2):
a. Road bridges for which 10 years have passed since completion of the construction work, among those with a length of at least 20 meters installed on roads specified in the subparagraphs of Article 10 of the Road Act;
b. Road tunnels in local highways, Si roads, Gun roads, and Gu roads specified in subparagraphs 4 through 7 of Article 10 of the Road Act and road tunnels for which 10 years have passed since completion of the construction work, among those specified in subparagraph 1 of Article 2 of the Enforcement Decree of the Act on the Maintenance and Improvement of Road Networks in Agricultural and Fishing Villages;
c. Railroad bridges for which 10 years have passed since completion of the construction work, among railroad facilities specified in subparagraph 2 of Article 3 of the Framework Act on Railroad Industry Development;
d. Railroad tunnels for which 10 years have passed since completion of the construction work (limited to those located in areas other than the Special Metropolitan City or a Metropolitan City), among railroad facilities specified in subparagraph 2 of Article 3 of the Framework Act on Railroad Industry Development;
e. Any of the following facilities with an individual place of business of at least 2,000 square meters:
2) Places of business of liquefied petroleum gas filling business defined in subparagraph 4 of Article 2 of the Safety Control and Business of Liquefied Petroleum Gas Act;
f. Theme park facilities subject to safety inspections under Article 33(1) of the Tourism Promotion Act, among facilities for comprehensive theme park business defined in Article 2(1)5a of the Enforcement Decree of that Act.
CHAPTER II SERIOUS INDUSTRIAL ACCIDENTS
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Article 4 (Measures for establishment of safety and health management system and implementation thereof)
Details of the measures under Article 4(1)1 of the Act shall be as follows:
1. A business owner or a responsible managing officer, etc. shall establish objectives and managerial policies on safety and health at the relevant business or place of business;
2. A business owner or a responsible managing officer, etc. shall have an organization exclusively responsible for the overall control and management of affairs concerning safety and health for the relevant business or place of business required to have at least three personnel under Articles 17 through 19 and 22 of the Occupational Safety and Health Act and falling under any of the following, in which cases if a constructor who did not fall under item b falls under item b, such constructor shall have the relevant organization by no later than January 1 of the year following the year in which it was publicly notified:
a. A business or place of business with at least 500 full-time employees;
b. A constructor who ranks 200th or higher in the execution capacity appraisal publicly notified pursuant to Article 23 of the Framework Act on the Construction Industry for civil engineering and construction business under Article 8 of the same Act and Appendix 1 of its Enforcement Decree;
3. A business owner or a responsible managing officer, etc. shall establish work procedures for identifying and improving hazardous or risk factors varying on the characteristics of the relevant business or place of business; and take necessary measures after conducting an inspection at least once every half year to determine whether hazardous or risk factors are identified and improvement is made in compliance with the relevant work procedures; provided, where a business owner or a responsible managing officer, etc. has established procedures for risk assessment pursuant to Article 36 of the Occupational Safety and Health Act, and either conducts the risk assessment directly or requires a risk assessment to be conducted and receives a report of results of the assessment, in accordance with the relevant procedures; the identification and improvement of hazardous or risk factors shall be deemed inspected in accordance with the relevant procedures;
4. A business owner or a responsible managing officer, etc. shall set a budget necessary for implementing the following and spend such budget for the purpose for which it is set:
a. Preparation of human resources, facilities, and equipment for safety and health required for accident prevention;
b. Improvement of hazardous or risk factors provided in subparagraph 3;
c. Other matters determined and publicly notified by the Minister of Employment and Labor as necessary for establishing a safety and health management system, etc.;
5. A business owner or a responsible managing officer, etc. shall take the following measures so that a person in charge of safety and health management, a supervisor, and a person in general charge of safety and health (hereafter in this Article, referred to as "person in charge of safety and health management, etc.") under Articles 15,16, and 62 of the Occupational Safety and Health Act can faithfully perform respective duties provided in the same Articles at each place of business:
a. To provide a person in charge of safety and health management, etc. with the authority and budget necessary for performing his or her duties;
b. To establish criteria to assess whether a person in charge of safety and health management, etc. performs his or her duties faithfully, and assess and manage such person at least once every half year in accordance with such criteria;
6. A business owner or a responsible managing officer, etc. shall assign at least the number prescribed in Articles 17 through 19 and 22 of the Occupational Safety and Health Act of safety officers, health officers, persons in charge of safety and health management, and of occupational medicine physicians; provided, where other statutes or regulations prescribe the assignment of the relevant human resources otherwise, the relevant provisions shall apply; and if a person required to be assigned holds other offices, such person shall be guaranteed working hours on safety and health in accordance with the standards determined and publicly notified by the Minister of Employment and Labor;
7. A business owner or a responsible managing officer, etc. shall establish procedures to hear the opinions of workers on the safety and health at the relevant business or place of business; and if deemed necessary for the prevention of accidents after hearing opinions in accordance with the procedures, he or she shall prepare improvement plans therefor, shall conduct an inspection at least once every half year to determine whether the plan is implemented, and shall take necessary measures accordingly; provided, where the occupational safety and health committee under Article 24 of the Occupational Safety and Health Act or the council on safety and health under Articles 64 and 75 of the same Act discusses, and deliberates and decides on, matters concerning safety and health at the business or place of business, the opinions of the relevant workers shall be deemed heard;
8. A business owner or a responsible managing officer, etc. shall prepare a manual for each of the following measures in case a serious industrial accident occurs or there is an imminent risk of occurrence of such accident at the relevant business or place of business, and shall conduct an inspection at least once every half year to determine whether measures are taken in accordance with the relevant manual:
a. Countermeasures such as suspension of work, evacuation of employees, and removal of risk factors;
b. Relief measures for persons suffering serious industrial accidents;
c. Measures to prevent additional damage;
9. Where any work is contracted, outsourced, or entrusted, etc. to a third party, a business owner or a responsible managing officer, etc. shall establish the following standards and procedures to secure the safety and health of workers; and shall conduct an inspection at least once every half year to determine whether contracting, outsourcing, or entrustment, etc. has been made in accordance with such standards and procedures:
a. Criteria and procedures for evaluating the capabilities and technology to prevent industrial accidents of the persons to whom the work is contracted, outsourced, or entrusted, etc.;
b. Standards for management expenses for safety and health of the persons to whom the work is contracted, outsourced, or entrusted, etc.;
c. In cases of the construction and shipbuilding industry, the standards for the period of construction or period of building for safety and health of the persons to whom the work is contracted, outsourced, or entrusted, etc.
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Article 5 (Managerial measures necessary to perform duties under safety and health-related statutes or regulations)
(1) "Safety and health-related statutes or regulations" in Article 4(1)4 of the Act means statutes or regulations applicable to the relevant business or place of business and related to securing the safety and health of workers.
(2) Details of the measures under Article 4(1)4 of the Act shall be as follows:
1. A business owner or a responsible managing officer, etc. shall conduct an inspection at least once every half year to determine whether the duties under health and safety-related statutes or regulations have been performed (including inspections that are entrusted to institutions, etc. designated by the heads of central administrative agencies under such health and safety-related statutes or regulations; hereafter in this subparagraph, the same shall apply); and when not directly conducting an inspection, he or she shall receive a report on the result of the inspection, without delay, after the inspection is completed;
2. Where the inspection or report under subparagraph 1 finds that the duties under safety and health-related statutes or regulations have not been performed, the relevant business owner or responsible managing officer, etc. shall take measures necessary to perform such duties, including assigning personnel or setting and spending additional budgets;
3. A business owner or a responsible managing officer, etc. shall conduct an inspection at least once every half year to determine whether compulsory safety and health education programs in relation to hazardous and risky work under safety and health-related statutes or regulations have been provided; and when not directly conducting an inspection, he or she shall receive a report on the result of the inspection, without delay, after the inspection is completed;
4. Where the inspection or report under subparagraph 3 finds that education programs have not been provided, the relevant business owner or responsible managing officer, etc. shall, without delay, take measures necessary for education, such as ordering to provide such education programs and securing budgets.
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Article 6 (Providing safety and health education programs)
(1) Safety and health education programs under Article 8(1) of the Act (hereinafter referred to as "safety and health education programs") shall be completed within 20 hours in total, as prescribed by the Minister of Employment and Labor.
(2) Safety and health education programs shall include the following:
1. Management plans on safety and health, including establishment of a safety and health management system;
2. Analysis of causes of serious industrial accidents and measures to prevent recurrence thereof.
(3) The Minister of Employment and Labor may request the Korea Occupational Safety and Health Agency established under the Korea Occupational Safety and Health Agency Act or a safety and health educational institution registered under Article 33 of the Occupational Safety and Health Act (hereinafter referred to as "safety and health educational institution, etc.") to provide safety and health education programs.
(4) For corporations or institutions that have caused a serious industrial accident, the Minister of Employment and Labor shall determine on a quarterly basis persons required to receive safety and health education programs, and shall notify the persons required to receive such education programs of the following no later than 30 days prior to the date the education programs are provided:
1. Safety and health educational institutions, etc. which provide safety and health education programs;
2. Education schedule;
3. Other matters necessary to provide safety and health education programs.
(5) Upon receipt of a notification under paragraph (4), if a person required to receive safety and health education programs has good cause for not participating in the scheduled education programs, he or she may request the Minister of Employment and Labor to postpone the education programs only once no later than seven days before the date the education programs are provided.
(6) The Minister of Employment and Labor shall notify the relevant person required to receive safety and health education programs as to whether postponement is possible within three days from the date of receipt of a request for postponement under paragraph (5).
(7) Where safety and health education programs are postponed, paragraph (4) shall apply mutatis mutandis to notification of the education schedule, etc.
(8) Expenses incurred in safety and health education programs shall be borne by the persons required to receive such education programs at safety and health education institutions, etc.
(9) Where a safety and health educational institution, etc. has provided safety and health education programs, it shall notify the Minister of Employment and Labor of the list of persons who have completed such education programs.
(10) Where persons required to receive safety and health education programs have completed such education programs, they may request the Minister of Employment and Labor to issue a certificate of completion of safety and health education programs, if necessary.
(11) Upon receipt of a request under paragraph (10), the Minister of Employment and Labor shall issue a certificate of completion of safety and health education programs without delay, as prescribed by the Minister of Employment and Labor.
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Article 7 (Criteria for imposition of administrative fines)
The criteria for imposition of administrative fines under Article 8(2) of the Act shall be as specified in Appendix 4.
CHAPTER III SERIOUS CIVIC ACCIDENTS
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Article 8 (Establishment of and implementation measures for safety and health management systems related to raw materials and products)
Details of the measures under Article 9(1)1 of the Act shall be as follows: <Amended on Oct. 1, 2025>
1. A business owner or a responsible managing officer, etc. shall have the necessary human resources for performing the following to conduct the affairs for preventing serious civic accidents:
a. To conduct affairs related to safety and health management in accordance with safety and health-related statutes or regulations under Article 9(1)4 of the Act;
b. To inspect hazardous and risk factors and respond to the signals of risk;
c. Other matters determined and publicly notified by the Minister of Climate, Energy and Environment for the relevant safety and health management related to raw materials and products;
2. A business owner or a responsible managing officer etc. shall set and spend a budget necessary to perform the following:
a. To secure and maintain human resources, facilities, equipment, etc. under safety and health-related statutes or regulations under Article 9(1)4 of the Act;
b. To inspect hazardous and risk factors and respond to the signals of risk;
c. Other matters determined and publicly notified by the Minister of Climate, Energy and Environment for the relevant safety and health management related to raw materials and products;
3. A business owner or a responsible managing officer etc. shall take the following measures to prevent serious civic accidents caused by raw materials or products specified in Appendix 5:
a. To conduct a periodic inspection of hazardous and risk factors;
b. To file a report on, and take measures against, any risk of a serious civic accident that is found from the verification of the hazardous or risk factors discovered through the receipt of information or the detection of signals of any risk, etc.;
c. To give a report, file a report, and take measures in cases of serious civic accidents;
d. To take measures for improvement following an investigation into the causes of serious civic accidents;
4. A business owner or a responsible managing officer, etc. shall establish procedures for handling business affairs including measures under the items of subparagraph 3; provided, in cases of micro enterprises defined in Article 2 of the Framework Act on Micro Enterprises shall be excluded herefrom;
5. A business owner or a responsible managing officer, etc. shall inspect the matters prescribed in subparagraphs 1 and 2 at least once every half year and shall take necessary measures to prevent serious civic accidents, such as assigning human resources or setting and spending additional budgets based on the results of the inspection.
법령 이단보기
Article 9 (Managerial measures necessary for fulfillment of obligations under safety and health-related statutes or regulations related to raw materials and products)
(1) "Safety and health-related statutes or regulations" in Article 9(1)4 of the Act means statutes or regulations applicable to raw materials or products being produced, manufactured, sold, or distributed at the relevant business or place of business, which are related to preventing such raw materials or products from turning into hazardous and risk factors that may affect human life and body and to controlling them safely.
(2) Details of the measures under Article 9(1)4 shall be as follows:
1. A business owner or a responsible managing officer, etc. shall conduct an inspection at least once every half year to determine whether the duties under health and safety-related statutes or regulations have been performed (including inspections that are entrusted to institutions, etc. designated by the heads of central administrative agencies under such health and safety-related statutes or regulations; hereafter in this subparagraph, the same shall apply); and when not directly conducting an inspection, he or she shall receive a report on the result of the inspection, without delay, after the inspection is completed;
2. Where the inspection or report under subparagraph 1 finds that the duties under safety and health-related statutes or regulations have not been performed, the relevant business owner or responsible managing officer, etc. shall take measures necessary to perform such duties, including assigning personnel or setting and spending additional budgets;
3. A business owner or a responsible managing officer, etc. shall conduct an inspection at least once every half year to determine whether a compulsory education programs under safety and health-related statutes or regulations have been provided; and when not directly conducting an inspection, he or she shall receive a report on the result of the inspection, without delay, after the inspection is completed;
4. Where the inspection or report under subparagraph 3 finds that education programs have not been provided, the relevant business owner or responsible managing officer, etc. shall, without delay, take measures necessary for education, such as ordering to provide such education programs and securing budgets.
법령 이단보기
Article 10 (Establishment of, and implementation measures for, safety and health management systems related to public-use facilities and public transportation vehicles)
Details of the measures under Article 9(2)1 of the Act shall be as follows:
1. A business owner or a responsible managing officer, etc. shall have the necessary human resources for performing the following to conduct the affairs for preventing serious civic accidents:
a. To conduct affairs related to safety management in accordance with safety and health-related statutes or regulations under Article 9(2)4 of the Act;
b. To implement safety plans formulated pursuant to subparagraph 4;
c. Other matters determined and publicly notified by the Minister of Land, Infrastructure and Transport concerning the safety of public-use facilities or public transportation vehicles and their users or other people;
2. A business owner or a responsible managing officer etc. shall set and spend a budget necessary to perform the following:
a. To secure and maintain human resources, facilities, equipment, etc. and to conduct safety inspections, etc. in accordance with safety and health-related statutes or regulations under Article 9(2)4 of the Act;
b. To implement safety plans formulated pursuant to subparagraph 4;
c. Other matters determined and publicly notified by the Minister of Land, Infrastructure and Transport concerning the safety of public-use facilities or public transportation vehicles and their users or other people;
3. A business owner or a responsible managing officer, etc. shall plan and conduct a safety inspection, etc. in accordance with safety and health-related statutes or regulations under Article 9(2)4 of the Act for public-use facilities or public transportation vehicles;
4. A business owner or a responsible managing officer, etc. shall have a safety plan containing the following formulated at least once a year on public-use facilities or public transportation vehicles and have such plan faithfully implemented; provided, where a safety and maintenance plan for establishments under Article 6 of the Special Act on the Safety Control and Maintenance of Establishments is formulated or implemented for public-use facilities, or a railroad carrier implements an annual implementation plan under Article 6 of the Railroad Safety Act for public-use facilities or public transportation vehicles; and then the relevant business owner or responsible managing officer, etc. directly verifies, or receives a report on, whether the plan is formulated and the details of the plan, a safety plan shall be deemed formulated and implemented:
a. Matters concerning the securing of human resources for safety and maintenance of public-use facilities or public transportation vehicles;
b. Matters concerning the implementation of safety inspection or precise safety diagnosis of public-use facilities and inspection and maintenance (including the securing of equipment necessary for inspection and maintenance) of public transportation vehicles;
c. Matters concerning the maintenance and management of public-use facilities and public transportation vehicles, such as repair and reinforcement;
5. A business owner or a responsible managing officer, etc. shall inspect matters prescribed in subparagraphs 1 through 4 at least once every half year; and when not directly conducting an inspection, he or she shall receive a report on the result of the inspection, without delay, after the inspection is completed;
6. A business owner or a responsible managing officer, etc. shall take necessary measures to prevent serious civic accidents, such as assigning human resources or setting and spending additional budgets based on the results of the inspection or report under subparagraph 5;
7. A business owner or a responsible managing officer, etc. shall establish and implement work procedures including the following for preventing serious civic accidents; provided, where a railroad carrier establishes and implements a railroad safety management system including emergency response plans pursuant to Article 7 of the Railroad Safety Act, or an air transportation business operator operates an aviation safety management system including crisis response plans pursuant to Article 58(2) of the Aviation Safety Act, and thereafter, where the relevant business owner or responsible managing officer, etc. directly conducts an inspection to determine whether such system is established or receives a report on the inspection result; the work procedures shall be deemed established and implemented:
a. Matters concerning the identification and inspection of hazardous and risk factors of public-use facilities or public transportation vehicles;
b. Where any hazardous or risk factor is detected from public-use facilities or public transportation vehicles, matters concerning the improvement thereof, such as reporting, request for measures, restrictions on use, repair, and reinforcement of the relevant matters;
c. In cases of serious civic accidents, matters concerning emergency relief measures for casualties, etc., emergency safety inspections of public-use facilities or public transportation vehicles, measures for prevention of further damage such as installing warning signs, reports to the competent administrative agencies, etc., and measures for improvement following an investigation of causes;
d. Matters concerning evacuation training in case of emergency or urgent situations at public transportation vehicles or Class-I establishments defined in subparagraph 1 of Article 7 of the Special Act on the Safety Control and Maintenance of Establishments;
8. Where the operation and management of public-use facilities or public transportation vehicles is contracted, outsourced, or entrusted, etc. to a third party, a business owner or a responsible managing officer, etc. shall establish the following criteria and procedures to secure the safety of public-use facilities or public transportation vehicles and their users or other people, and shall conduct an inspect at least once a year to determine whether contracting, outsourcing, or entrustment, etc. has been made in accordance with such standards and procedures; and when not directly conducting an inspection, he or she shall receive a report on the result of the inspection, without delay, after the inspection is completed:
a. Criteria and procedures for evaluating the capabilities to take measures and safety management capabilities to prevent serious civic accidents;
b. Criteria for expenses required to prevent serious civic accidents in performing the duties, such as contracting, outsourcing, and entrustment.
법령 이단보기
Article 11 (Managerial measures necessary to perform duties under safety and health-related statutes or regulations related to public-use facilities and public transportation vehicles)
(1) "Safety and health-related statutes or regulations" in Article 9(2)4 of the Act means statutes or regulations applicable to the relevant public-use facilities and public transportation vehicles and related to securing the safety and health of their users and other people.
(2) Details of the measures under Article 9(2)4 of the Act shall be as follows:
1. A business owner or a responsible managing officer, etc. shall conduct an inspection at least once a year to determine whether the duties under health and safety-related statutes or regulations have been performed (including inspections that are entrusted to institutions, etc. designated by the heads of central administrative agencies under such health and safety-related statutes or regulations; hereafter in this subparagraph, the same shall apply); and when not directly conducting an inspection, he or she shall receive a report on the result of the inspection, without delay, after the inspection is completed;
2. Where the inspection or report under subparagraph 1 finds that the duties under safety and health-related statutes or regulations have not been performed, the relevant business owner or responsible managing officer, etc. shall take measures necessary to perform such duties, including assigning personnel or setting and spending additional budgets;
3. A business owner or a responsible managing officer, etc. shall conduct an inspection at least once a year to determine whether a safety manager of public-use facilities or a worker responsible for maintenance and inspection of facilities and equipment of public transportation vehicles has completed compulsory education programs under safety and health-related statutes or regulations; and when not directly conducting an inspection, he or she shall receive a report on the result of the inspection, without delay, after the inspection is completed;
4. Where the inspection or report under subparagraph 3 finds that education programs have not been provided, the relevant business owner or responsible managing officer, etc. shall, without delay, take measures necessary for education, such as ordering to provide such education programs.
CHAPTER IV SUPPLEMENTARY PROVISIONS
법령 이단보기
Article 12 (Publication of occurrence of serious industrial accidents)
(1) The publication under Article 13(1) of the Act (hereafter in this Article referred to as "publication") shall be made for the place of business for which the sentence of a punishment becomes final and conclusive and is notified pursuant to Article 12 of the Act due to a serious industrial accident caused by a violation of the duty under Article 4 of the Act.
(2) Details of the publication shall be as follows:
1. Title of the publication, "Publication of occurrence of serious industrial accidents";
2. The name of the relevant place of business;
3. The date, time, and place of the occurrence of the serious industrial accident;
4. The number of people who have suffered the serious industrial accident;
5. The details and causes of the serious industrial accident (including violations committed by the business owner or the responsible managing officer, etc.);
6. Whether a serious industrial accident has occurred in the relevant place of business within the most recent five years.
(3) Before making the publication, the Minister of Employment and Labor shall notify the business owner or the responsible managing officer, etc. of the relevant place of business of the details to be published; and shall request such owner or officer, etc. to submit explanatory materials or shall give an opportunity to state his or her opinions during a fixed period of at least 30 days.
(4) The publication shall be posted in the Official Gazette, or on the website of the Ministry of Employment and Labor or of the Korea Occupational Safety and Health Agency established under the Korea Occupational Safety and Health Agency Act.
(5) Where the publication is posted on the website pursuant to paragraph (4), the period of publication shall be one year.
법령 이단보기
Article 13 (Record keeping of matters concerning implementation of measures)
A business owner or a responsible managing officer, etc. (excluding micro enterprises defined in Article 2 of the Framework Act on Micro Enterprises) shall record matters concerning the implementation of measures, etc. under Articles 4,5, and 8 through 11 (including electronic documents defined in subparagraph 1 of Article 2 of the Framework Act on Electronic Documents and Transactions) and shall keep the record for five years from the date such measures, etc. are taken.
ADDENDUM <Presidential Decree No. 32020, Oct. 5, 2021>
This Decree shall enter into force on January 27, 2022.
ADDENDA <Presidential Decree No. 33023, Dec. 6, 2022>
Article 1 (Enforcement date)
This Decree shall enter into force on December 8, 2022.
Articles 2 through 4 Omitted.
Article 5 Omitted.
Article 6 Omitted.
ADDENDA <Presidential Decree No. 35696, Aug. 5, 2025>
Article 1 (Enforcement date)
This Decree shall enter into force on August 7, 2025.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 35716, Aug. 26, 2025>
Article 1 (Enforcement date)
This Decree shall enter into force on August 28, 2025.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 35804, Oct. 1, 2025>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, among the Presidential Decrees amended by this Decree, any amendment to the Presidential Decrees that were promulgated before this Decree enters into force but whose enforcement dates have yet to arrive shall enter into force on the respective enforcement dates of those Presidential Decrees.
Articles 2 through 4 Omitted.
Article 5 Omitted.
ADDENDA <Presidential Decree No. 35805, Oct. 1, 2025>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 Omitted.