ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT
Wholly Amended by Presidential Decree No. 13053, Jul. 14, 1990
Amended by Presidential Decree No. 13282, Feb. 1, 1991
Presidential Decree No. 13563, Dec. 31, 1991
Presidential Decree No. 13870, Mar. 6, 1993
Presidential Decree No. 14010, Nov. 20, 1993
Presidential Decree No. 14450, Dec. 23, 1994
Presidential Decree No. 14447, Dec. 23, 1994
Presidential Decree No. 14446, Dec. 23, 1994
Presidential Decree No. 14438, Dec. 23, 1994
Presidential Decree No. 14787, Oct. 19, 1995
Presidential Decree No. 15372, May 16, 1997
Presidential Decree No. 15389, jun. 11, 1997
Presidential Decree No. 15598, Dec. 31, 1997
Presidential Decree No. 16115, Feb. 8, 1999
Presidential Decree No. 16326, May 24, 1999
Presidential Decree No. 16388, jun. 8, 1999
Presidential Decree No. 16947, Aug. 5, 2000
Presidential Decree No. 17115, Jan. 29, 2001
Presidential Decree No. 17137, Feb. 24, 2001
Presidential Decree No. 18043, jun. 30, 2003
Presidential Decree No. 18312, Mar. 17, 2004
Presidential Decree No. 18343, Mar. 29, 2004
Presidential Decree No. 18609, Dec. 28, 2004
Presidential Decree No. 19203, Dec. 28, 2005
Presidential Decree No. 19513, jun. 12, 2006
Presidential Decree No. 19691, Sep. 22, 2006
Presidential Decree No. 19804, Dec. 29, 2006
Presidential Decree No. 20483, Dec. 28, 2007
Presidential Decree No. 20681, Feb. 29, 2008
Presidential Decree No. 20973, Aug. 21, 2008
Presidential Decree No. 21263, Jan. 14, 2009
Presidential Decree No. 21653, Jul. 30, 2009
Presidential Decree No. 22061, Feb. 24, 2010
Presidential Decree No. 22269, Jul. 12, 2010
Presidential Decree No. 22496, Nov. 18, 2010
Presidential Decree No. 22824, Apr. 4, 2011
Presidential Decree No. 23248, Oct. 25, 2011
Presidential Decree No. 23545, Jan. 26, 2012
Presidential Decree No. 23845, jun. 7, 2012
Presidential Decree No. 24684, Aug. 6, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25251, Mar. 12, 2014
Presidential Decree No. 25836, Dec. 9, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 26093, Feb. 10, 2015
Presidential Decree No. 26858, Jan. 6, 2016
Presidential Decree No. 26985, Feb. 17, 2016
Presidential Decree No. 27559, Oct. 27, 2016
Presidential Decree No. 27751, Dec. 30, 2016
Presidential Decree No. 27767, Jan. 6, 2017
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
The definitions of terms used in this Decree shall have the same meanings prescribed in the Occupational Safety and Health Act (hereinafter referred to as the "Act"), unless otherwise provided for in this Decree. [This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 2-2 (Scope of Application, etc.) |
| (1) | The scope of those business or places of business (hereinafter referred to as “business”) to which a part of the Act does not apply pursuant to the proviso to Article 3 (1) and the scope of provisions of the Act that do not apply to the relevant business shall be as listed in attached Table 1. <Amended by Presidential Decree No. 24684, Aug. 6, 2013> |
| (2) | The classification of the businesses in this Decree shall be in compliance with the Korean Standard Industrial Classification Table publicly announced by the Commissioner of Statistics Korea pursuant to the Statistics Act. |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 3 (Policy Measures for Preventing Accidents in Places of Business) |
The Minister of Employment and Labor shall establish policies relating to research and dissemination of techniques of preventing accidents, and health and safety technology support and education, to prevent accidents in places of business pursuant to Article 4 (1) 2 of the Act. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 25251, Mar. 12, 2014> [This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 3-2 (Promotion of Health and Safety Management System, etc.) |
| (1) | The Minister of Employment and Labor shall research and disseminate techniques that businesses can apply to the operation of a voluntary safety and health management system in order to establish a health and safety management system in each business pursuant to Article 4 (1) 5 of the Act. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23545, Jan. 26, 2012> |
| (2) | The Minister of Employment and Labor shall prepare policies to enhance the levels of the safety management and health management of the business in order to establish the voluntary safety and health management systems thereof. <Amended by Presidential Decree No. 22269. Jul. 12, 2010; Presidential Decree No. 24684, Aug. 6, 2013>?? |
| (3) | Matters necessary for the policies under paragraph (2) shall be determined by the Minister of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 24684, Aug. 6, 2013> |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 3-3 (Taking Measures to Raise Health and Safety Awareness) |
| (1) | The Minister of Employment and Labor shall establish policies relating to each of the following subparagraphs to raise awareness of health and safety under Article 4 (1) 6 of the Act: <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| 1. | Establishment of an occupational health and safety awareness campaign period and implementation of the campaign; |
| 2. | Promotion and dissemination of information about health and safety education; |
| 3. | Promotion, etc., of sound and independent activities by those related to health and safety. |
| (2) | Matters necessary for raising awareness of health and safety pursuant to paragraph (1) shall be determined by the Minister of Employment and Labor. <Amended by Presidential Decree No. 22269. Jul. 12, 2010> |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 3-4 (Promotion of Accident-Free Campaigns) |
| (1) | The Minister of Employment and Labor shall establish policies relating to each of the following subparagraphs to promote accident-free campaigns under Article 4 (1) 6 of the Act efficiently: <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| 1. | Dissemination of accident-free campaigns at places of business and the promotion methods thereof; |
| 2. | Promotion of accident-free campaigns, such as incentives, etc., to places of business which have achieved the objective of the accident-free campaign. |
| (2) | Matters necessary for promoting the policies prescribed in paragraph (1), such as promotion methods for accident-free campaigns, shall be determined by the Minister of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 3-5 (Maintenance and Management of Investigations and Statistics) |
The Minister of Employment and Labor shall investigate industrial accidents and maintain and manage statistics thereon pursuant to Article 4 (1) 8 of the Act in order to prevent industrial accidents. <Amended by Presidential Decree No. 22269. Jul. 12, 2010> [This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 3-6 (Implementation of Health Promotion Projects, etc.) |
| (1) | The Minister of Employment and Labor shall establish policies to efficiently implement the following matters to protect and improve workers' health pursuant to Article 4 (1) 10 of the Act: <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| 1. | Dissemination and popularization of projects to improve workers' health; |
| 2. | Creation of a clean working environment for workers. |
| (2) | Matters necessary for implementing the policies referred to in paragraph (1) shall be prescribed by the Minister of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 3-7 (Cooperation by Business Owners, etc.) |
Business owners, employees, or other related associations shall cooperate by actively taking part in national policies referred to in Articles 3 and 3-2 through 3-6. [This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Articles 4 through 8-3 Deleted. <by Presidential Decree No. 22061, Feb. 24, 2010> |
| Article 8-4 (Place of Business subject to Publication) |
| (1) | "Place of Business prescribed by Presidential Decree" in Article 9-2 (1) of the Act means any of the following places of business: <Amended by Presidential Decree No. 27559, Oct. 27, 2016> |
| 1. | Place of business where a serious accident has occurred and its annual industrial accident rate in the occurrence year of such serious accident is equal to or higher than the average annul industrial accident rate of the places of business belonging to the same category and scale of business; |
| 2. | Place of Business where two or more deaths have occurred per year due to industrial accidents and where the death rate per ten thousand (referring to the calculation of the number of death per ten thousand full-time workers per year) is equal to or exceeding the average death rate per ten thousand of the places of business of the same category and scale of business; |
| 3. | Place of Business that has failed to report the occurrence of any industrial accident as required under Article 10 of the Act two times or more in the last three years; |
| (2) | Where an employee of the contractor suffers an industrial accident because the business owner who is the contractee under Article 29 (1) of the Act violates the duty to take measures to prevent industrial accidents under paragraph (3) of that Article, and the place of business of the contractor falls under any subparagraph of paragraph (1) (excluding a place of business referred to subparagraph 3), the Minister of Employment and Labor may publish the number of occurrences of industrial accidents in place of business of the contractee where such accident has occurred at the same time when publishing the number of occurrences of industrial accidents in the place of business of the contractor. <Newly Inserted by Presidential Decree No. 27559, Oct. 27, 2016> |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 9 (Assignment, etc., of Persons in Charge of Health and Safety Management) |
| (1) | The kinds and scales of the business to which a person in charge of safety and health management (hereinafter referred to as "person in charge of management") is to be assigned pursuant to Article 13 (3) of the Act, shall be as prescribed in attached Table 1-2. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 24684, Aug. 6, 2013> |
| (2) | A person in charge of management pursuant to paragraph (1) shall be a person who actually takes overall control and management of the business concerned. <Amended by Presidential Decree No. 24684, Aug. 6, 2013> |
| (3) | A business owner shall give a person in charge of management authorities necessary for performing the duties under the subparagraphs of Article 13 (1) of the Act. <Newly Inserted by Presidential Decree No. 25251, Mar. 12, 2014> |
| (4) | When a business owner has appointed a person in charge of management, he/she shall keep the documents verifying his/her appointment and the details of the performance of the duties under the subparagraphs of Article 13 (1). <Amended by Presidential Decree No. 24684, Aug. 6, 2013; Presidential Decree No. 25251, Mar. 12, 2014 > |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 10 (Duties of Supervisor) |
| (1) | The phrase "duties prescribed by Presidential Decree such as safety and health checkup" in the main sentence of Article 14 (1) of the Act means the following duties: <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22496, Nov. 18, 2010; Presidential Decree No. 25251, Mar. 12, 2014; Presidential Decree No. 27559, Oct. 27, 2016> |
| 1. | Safety and health checkup on the machinery, apparatus or equipment related to such work (hereafter referred to as “the relevant work” in this Article) as commanded and supervised by the supervisor in the place of business, and confirmation of whether or not there is any abnormality in such machinery, apparatus or equipment; |
| 2. | Checkup on working clothes, and protective devices and safeguard devices of employees who are under the supervision of a managerial supervisor, and instruction and guidance on their wearing and use; |
| 3. | Reporting of industrial accidents occurring in the relevant work, and emergency measures taken against them; |
| 4. | Arrangement of work sites of the relevant work, and confirmation and supervision of securing of passages to such work sites; |
| 5. | Cooperation on the guidance and advice of the following persons in the relevant place of business: |
| (a) | Occupational health doctor; |
| (b) | Safety officer [in case of a place of business which entrusts the business affairs of a safety officer pursuant to Article 15 (4) of the Act to a specialized safety management institution under the same paragraph (hereinafter referred to as “specialized safety management institution”), referring to the person in charge of the relevant place of business of such specialized institution]; |
| (c) | Health officer [in case of a place of business which entrusts the business affairs of a health officer pursuant to Article 16 (3) of the Act to a specialized health management institution under Article 15 (4) of the Act (hereinafter referred to as “specialized health management institution”) which shall apply mutatis mutandis pursuant to Article 16 (3) of the Act, referring to the person in charge of the relevant place of business of such specialized institution]; |
| (d) | Persons in charge of safety and health management (in case of a place of business which entrusts the business affairs of the person in charge of safety and health management to a specialized safety management institution or a specialized health management institution pursuant to Article 16-3 (3) of the Act, referring to the person in charge of the relevant place of business of such specialized institution); |
| 6. | Confirmation of harmful and dangerous factors caused by business affairs for the assessment of danger under Article 41-2 of the Act and Implementation of improvement measures based on the results of such confirmation; |
| 7. | Other matters concerning safety and health of the relevant work which are prescribed by Ordinance of the Ministry of Employment and Labor. |
| (2) | A business owner shall grant a supervisor the authority necessary for performing the duties prescribed in paragraph (1) and provide him/her with facilities, equipment, financial support and other matters necessary for carrying out his/her duties. |
| (3) | "Work prescribed by Presidential Decree" in the proviso to Article 14 (1) of the Act shall be as specified in attached Table 2. |
| (4) | "Duties concerning safety and health prescribed by Presidential Decree, such as providing his/her employees with special education" in the proviso to Article 14 (1) of the Act means the following duties: <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22496, Nov. 18, 2010> |
| 1. | Education on safety, among special educations conducted when assigning employees to harmful or dangerous work pursuant to Article 31 (3) of the Act; |
| 3. | Other duties to prevent harm or danger in the nature of the relevant work, which is determined by Ordinance of the Minister of Employment and Labor. |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
[Enforcement Date]: Dates referred to in the following subparagraphs in case of the amended provisions of Article 1:
| 1. | Place of business where at least 30 but less than 50 full-time workers are employed: September 1, 2018; |
| 2. | Place of business where at least 20 but less than 30 full-time workers are employed: September 1, 2019. |
| Article 11 Deleted. <by Presidential Decree No. 19691, Sep. 22, 2006> |
| Article 12 (Appointment, etc., of Safety Officers) |
| (1) | The kind and scale of businesses to which safety officers are to be assigned, and the number of safety officers and the method of designation of safety officers pursuant to Article 15 (2) of the Act shall be as specified in attached Table 3. |
| (2) | From among businesses under paragraph (1), a place of business that employs not less than 300 full-time workers [in cases of construction business, referring to a place of business with the value of construction work exceeding 12 billion won (15 billion won in cases of civil engineering work as shown in attached Table 1 of the Enforcement Decree of the Framework Act on the Construction Industry) or a place of business employing not less than 300 full-time workers] shall appoint a safety officer exclusively in charge of duties stipulated in Article 15 (1) of the Act and each subparagraph of Article 13 (1) of this Decree. <Amended by Presidential Decree No. 25251, Mar. 12, 2014> |
| (3) | In applying paragraphs (1) and (2) to businesses referred to in Article 18 (1) of the Act, the value of the contracted construction work which is carried on at the same place as the business in question, or the number of full-time workers employed by the contractor (including the subcontractor; hereinafter the same shall apply) shall be deemed the amount of construction work or the number of workers of the business concerned, respectively: Provided, That this shall not apply where the value of contracted construction work, or the number of workers of a contractor, falls under attached Table 3. |
| (4) | Notwithstanding paragraph (1), where not less than two places of business run by the same business owner fall under any of the following cases, one joint safety officer may be assigned to the said places of business. In such cases, the total number of workers on full-time payroll of the relevant places of business shall be not more than 300: <Amended by Presidential Decree No. 22496, Nov. 18, 2010> |
| 1. | Where such places of business are located in the same Si/Gun/Gu (referring to an autonomous Gu); |
| 2. | Where such places of business are located within 15 kilometers from the boundary of each place of business. |
| (5) | Notwithstanding paragraphs (1) through (3), where the business owner who is a contractor appoints a safety officer in exclusive charge of safety management for workers of the subcontractor, as determined by Ordinance of the Ministry of Employment and Labor, the safety officer of the subcontractor may not be appointed. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (6) | Where any business owner appoints a safety officer or entrusts the business of the safety officer to a specialized safety management institution under Article 15 (4) of the Act, he/she shall submit a document attesting such appointment or such entrustment to the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor within 14 days from the date of such appointment or entrustment. This shall also apply where a safety officer is reappointed pursuant to Article 15 (3) of the Act. <Amended by Presidential Decree No. 22269. Jul. 12, 2010; Presidential Decree No. 25251, Mar. 12, 2014> |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 13 (Duties, etc., of Safety Officers) |
| (1) | Each safety officer shall perform the following duties pursuant to Article 15 (2) of the Act: <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23545, Jan. 26, 2012; Presidential Decree No. 25251, Mar. 12, 2014> |
| 1. | Duties that the occupational health and safety committee under Article 19 (1) of the Act or a labor-management council on safety and health under Article 29-2 (1) of the Act has deliberated on and determined, and duties prescribed by the health and safety management regulations of the relevant place of work pursuant to Article 20 (1) of the Act (hereinafter referred to as "health and safety management regulations") and rules of employment; |
| 2. | Assistance to, and guidance and advice on the selection of appropriate products in purchasing machinery, apparatuses, etc., subject to safety certification under the main sentence of Article 34 (2) of the Act (hereinafter referred to as "machinery, apparatuses, etc., subject to safety certification") and machinery, apparatuses, etc., subject to voluntary safety confirmation under the main sentence, other than the part of the subparagraphs, of Article 35 (1) of the Act (hereinafter referred to as "machinery, apparatuses, etc., subject to voluntary safety confirmation"); |
| 3. | Assistance to, and guidance and advice on the formulation and implementation of a safety education plan at the relevant place of business; |
| 4. | Routine inspections of the place of business concerned, guidance and representation of opinions on the measures to be taken; |
| 5. | Investigation and analysis of the cause of industrial accidents, and technical assistance to, and guidance and advice on the prevention of their recurrence; |
| 6. | Assistance to, and guidance and advice on the maintenance, management and analysis of statistics on industrial accidents; |
| 7. | Assistance to, and guidance and advice on the implementation of those matters concerning safety determined by the Act or an order issued under the Act; |
| 8. | Record and maintenance of performance of duties; |
| 9. | Other matters specified by the Minister of Employment and Labor for safety. |
| (2) | In stationing a safety officer, a business owner shall consider a form of the work in the relevant place of business, such as overtime, night and holiday work. |
| (3) | In order to perform safety management smoothly, a business owner may hire an external expert for evaluation and instruction. <Newly Inserted by Presidential Decree No. 23545, Jan. 26, 2012> |
| (4) | A safety officer shall cooperate with health officers in performing any duty provided for in paragraph (1). <Newly Inserted by Presidential Decree No. 23545, Jan. 26, 2012; Presidential Decree No. 25251, Mar. 12, 2014> |
| (5) | Article 10 (2) shall apply mutatis mutandis to safety officers. <Amended by Presidential Decree No. 23545, Jan. 26, 2012> |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 14 (Qualification of Safety Officers) |
The qualifications of safety officers pursuant to Article15 (2) of the Act shall be as specified in attached Table 4.
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 15 (Entrustment, etc., of Safety Management Affairs) |
| (1) | The kind and scale of businesses of which the duties of a safety officer can be entrusted to a specialized safety management institution pursuant to Article 15 (4) of the Act shall be businesses, except for construction business, employing less than 300 full-time workers. <Amended by Presidential Decree No. 25251, Mar. 12, 2014> |
| (2) | Where any business owner entrusts the duties of a safety officer to a specialized safety management institution in accordance with paragraph (1), such specialized safety management institution shall be deemed a safety officer provided for in Article 12 (1). <Amended by Presidential Decree No. 25251, Mar. 12, 2014> |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 15-2 (Requirements for Designation of Safety Management Agencies) |
A person who may be designated as a specialized safety management institution pursuant to Article 15 (4) of the Act shall be any of the following persons with human resources, facilities, and equipment prescribed by Ordinance of the Ministry of Employment and Labor: <Amended by Presidential Decree No. 25251, Mar. 12, 2014> | 1. | An occupational safety instructor registered pursuant to Article 52-4 of the Act (excluding an occupational safety instructor in construction safety); |
| 2. | A corporation that intends to provide safety management services. |
[This Article Wholly Amended by Presidential Decree No. 23545, Jan. 26, 2012]
| Article 15-3 (Application, etc., for Designation of Safety Management Agencies) |
| (1) | A person who intends to be designated as a specialized safety management institution pursuant to Article 15 (4) of the Act shall submit a written application for designation of a specialized safety management institution to the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 25251, Mar. 12, 2014> |
| (2) | Where a specialized safety management institution intends to alterate any of the designated matters, it shall submit a written application for alteration of the specialized safety management institution to the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 25251, Mar. 12, 2014> |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 15-4 Deleted. <by Presidential Decree No. 15372, May 16, 1997> |
| Article 15-5 (Grounds for Revocation, etc., of Designation of Specialized Safety Management Institutions) |
“Where any other ground specified by Presidential Decree exists" referred to in Article 15-2 (1) 5 of the Act refers to the following cases: <Amended by Presidential Decree No. 23545, Jan. 26, 2012; Presidential Decree No. 25251, Mar. 12, 2014> | 1. | In cases of receiving an entrustment fee without providing safety management services, or making a false entry in documents concerning entrustment of safety management services; |
| 2. | In cases of refusing to be entrusted with safety management services without any justifiable ground; |
| 3. | In cases of frustrating or neglecting the delegated safety management services; |
| 4. | In cases of otherwise violating the Act or an order pursuant to the Act. |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 15-6 (Standards for Calculation of Penalty Surcharges) |
The standards for the imposition of penalty surcharges according to the period of suspension of business operation under Article 15-3 (3) of the Act are prescribed in attached Table 4-2. [This Article Wholly Amended by Presidential Decree No. 23545, Jan. 26, 2012]
| Article 15-7 (Imposition and Payment of Penalty Surcharges) |
| (1) | Where the Minister of Employment and Labor intends to impose a penalty surcharge pursuant to Article 15-3 (1) of the Act, he/she shall notify it in writing detailing the kind of the relevant violation, amount of the relevant penalty surcharge, etc. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (2) | A person who receives a notice pursuant to paragraph (1) shall pay a penalty surcharge to the receiving agency designated by the Minister of Employment and Labor within 30 days from the date on which he/she has received such notice: Provided, That where it is impossible to pay the penalty surcharge within the specified period due to natural calamity or other unavoidable reasons, he/she shall pay it within 15 days from the date such reasons ceases to exist. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (3) | A receiving agency which has received the penalty surcharge pursuant to paragraph (2) shall issue a receipt to the payer. |
| (4) | Where the receiving agency has received the penalty surcharge pursuant to paragraph (2), it shall promptly notify the Minister of Employment and Labor of the fact. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (5) | No penalty surcharge shall be paid in installment. |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 16 (Appointment, etc., of Health Officers) |
| (1) | The kind and scale of business to which a health officer is to be appointed pursuant to Article 16 (2) of the Act, and the number and method of designation of health officers shall be as listed in attached Table 5. |
| (2) | The place of business prescribed in paragraph (1) shall appoint a health officer taking exclusive charge of the duties prescribed in Article 16 (1) of the Act and Article 17 (1) of this Decree in the place of business: Provided, That the health officer, in the place of business employing less than 300 full-time workers, may concurrently engage in other business unless it interferes with the health management business. <Amended by Presidential Decree No. 25251, Mar. 12, 2014> |
| (3) | Article 12 (3) through (6) shall apply mutatis mutandis to the appointment, etc., of health officers. In such cases, a “safety officer” shall be construed as a “health officer,” “safety management” as “health management,” and a “specialized safety management institution” as a “specialized health management institution.” <Amended by Presidential Decree No. 26985, Feb. 17, 2016> |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 17 (Duties, etc., of Health Officers) |
| (1) | Each health officer shall perform the following duties pursuant to Article 16 (2) of the Act: <Amended by Presidential Decree No. 23545, Jan. 26, 2012; Presidential Decree No. 25251, Mar. 12, 2014> |
| 1. | Duties that the occupational health and safety committee set forth in Article 19 (1) of the Act has deliberated on and determined, and duties prescribed in the health and safety management regulations and the rules of employment; |
| 2. | Assistance to, and advice and guidance on selection of appropriate products in purchasing protectors related to health, among the machinery, apparatuses, etc., which are subject to safety certification, or to voluntary safety confirmation; |
| 3. | Assistance to, and advice and guidance on the posting or keeping of data on safety and health in handling substances which is prepared pursuant to Article 41 of the Act; |
| 5. | Obligations of occupational health doctors prescribed in Article 22 (1) (limited to cases where a health officer falls under subparagraph 1 of attached Table 6); |
| 6. | Assistance to, and advice and guidance on the formulation of plans on health education and the conduct thereof at the place of business concerned; |
| 7. | Any of the following medical practices to protect workers at the relevant place of business (limited to cases where a health officer falls under any of subparagraphs 1 and 2 of attached Table 6): |
| (a) | Treatment of frequently occurring minor injuries, such as external wounds; |
| (b) | Emergency treatment, where necessary; |
| (c) | Treatment to prevent injuries or diseases from worsening; |
| (d) | Recuperation guidance and management for those who are found to have health trouble after a medical checkup; |
| (e) | Administration of medicines required in carrying out the medical practices prescribed in items (a) through (d); |
| 8. | Assistance to and advice on the inspection of facilities, such as general ventilators and local air exhausters, etc., used inside the place of business, and the technical improvement of working method; |
| 9. | Routine inspections of the place of business concerned, guidance and recommendation of safety measures; |
| 10. | Investigation into and analysis of the cause of industrial accidents and provision of technical assistance to and advice and guidance on prevention of the reoccurrence; |
| 11. | Assistance to, and advice and guidance on the maintenance, management and analysis of statistics on industrial accidents; |
| 12. | Assistance to, and advice and guidance on, the implementation of such affairs concerning health as determined by the Act, or by any order issued under the Act; |
| 13. | Keeping and maintenance of records of performance of duties; |
| 14. | Other matters concerning the management of operations and working conditions. |
| (2) | A health officer shall cooperate with safety officers in performing any duty provided for in paragraph (1). <Newly Inserted by Presidential Decree No. 23545, Jan. 26, 2012; Presidential Decree No. 25251, Mar. 12, 2014> |
| (3) | Articles 10 (2) and 13 (2) and (3) shall apply mutatis mutandis to health officers. In such cases, equipment and tools to be supplied for health officers shall be specified by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23545, Jan. 26, 2012> |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 18 (Qualifications of Health Officers) |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 19 (Entrustment, etc., of Health Management Business) |
| (1) | Specialized health management institutions which are entitled to be entrusted with the business of health officers under Article 16 (3) of the Act may be categorized into regional specialized health management institutions by region and specialized health management institutions by industry or by harmful factor. <Amended by Presidential Decree No. 25251, Mar. 12, 2014> |
| (2) | The business which is entitled to entrust the business of health officers to a specialized health management institution shall be as follows: <Amended by Presidential Decree No. 26985, Feb. 17, 2016> |
| 1. | Business other than construction business, in which less than 300 full-time workers are employed; |
| 2. | Business which is located in a remote area determined by the Minister of Employment and Labor. |
| (3) | The kinds of business which is entitled to entrust the business of health officers to a specialized health management institution by industry or by harmful factor under paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269. Jul. 12, 2010; Presidential Decree No. 25251, Mar. 12, 2014> |
| (4) | Article 15 (2) shall apply mutatis mutandis to the entrustment of health management business. |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 19-2 (Requirements for Designation of Health Management Agencies) |
In order to be qualified for being designated as a specialized health management institution under Article 16 (3) of the Act, a person shall fall under any of the following subparagraphs, and shall satisfy prerequisites specified by Ordinance of the Ministry of Employment and Labor for human resources, facilities and equipment: <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23545, Jan. 26, 2012; Presidential Decree No. 25251, Mar. 12, 2014> | 2. | An agency affiliated to the State or a local government; |
| 5. | A legal entity that intends to provide health management services. |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 19-3 (Application Mutatis Mutandis) |
Articles 15-3 and 15-5 through 15-7 shall apply mutatis mutandis to specialized health management institutions. <Amended by Presidential Decree No. 25251, Mar. 12, 2014> [This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 19-4 (Appointment, etc. of Persons in Charge of Safety and Health Management) |
| (1) | Pursuant to Article 16-3 (1) of the Act, the business owner whose business falls under any of the following shall appoint at least one person in charge of safety and health management at a place of business, the number of full-time employees of which is at least 20 but less than 50: |
| 1. | Manufacturing business; |
| 3. | Sewage and waste disposal, raw material recycling and environment restoration business. |
| (2) | A person in charge of safety and health management shall be an employee belonging to the relevant place of business and meet any of the following requirements: |
| 1. | To be qualified for a safety officer under Article 14; |
| 2. | To be qualified for a health officer under Article 18; |
| 3. | To complete the education on safety and health recognized by the Minister of Employment and Labor; |
| (3) | A person in charge of safety and health management may concurrently perform other duties to the extent not hindering the duties of safety and health management. |
| (4) | Where a business owner appoints a person in charge of safety and health management pursuant to paragraph (1), he/she shall keep documents verifying the fact of such appointment and the performance by such person of the duties referred to in each subparagraph of Article 19-5 (1). |
| (5) | Matters necessary for concerning the timing, content, method, etc. of education on safety and health under paragraph (2) 3 shall be determined and publicly notified by the Minister of Employment and Labor. |
[This Article Newly Inserted by Presidential Decree No. 27559, Oct. 27, 2016]
[Enforcement Date]: Dates referred to in the following subparagraphs in case of the amended provisions of Article 19-4: | 1. | Places of business to which at least 30 but less than 50 full-time employees are assigned: September 1, 2018; |
| 2. | Places of business to which at least 20 but less than 30 employees are assigned: September 1, 2019. |
| Article 19-5 (Duties of Persons in Charge of Safety and Health Management) |
| 1. | Assistance, advice and guidance concerning the conduct of education on safety and health under Article 31 of the Act; |
| 3. | Assistance, advice and guidance concerning the assessment of measurement and the improvement of working environment under Article 42 of the Act; |
| 5. | Assistance, advice and guidance for investigating causes for the occurrence of industrial accidents and recording and maintaining statistics on industrial accidents Article 42 of the Act; |
| 6. | Assistance, advice and guidance concerning selection of appropriate products when purchasing safety devices and protective devices related to industrial safety and health. |
[This Article Newly Inserted by Presidential Decree No. 27559, Oct. 27, 2016]
[Enforcement Date]: Dates referred to in the following subparagraphs in case of the amended provisions of Article 19-5: | 1. | Places of business to which at least 30 but less than 50 full-time employees are assigned: September 1, 2018; |
| 2. | Places of business to which at least 20 but less than 30 employees are assigned: September 1, 2019. |
| Article 19-6 (Entrustment, etc. of Duties of Persons in Charge of Safety and Health Management) |
| (1) | A business owner who is required to appoint a person in charge of safety and health management pursuant to Article 19-4 (1) may entrust the duties of the person in charge of safety and health management to a specialized safety management institution or a specialized health management institution pursuant to Article 15 (4) of the Act which shall apply mutatis mutandis pursuant to Article 16-3 (3) of the Act. |
| (2) | Where a business owner entrusts the duties of a person in charge of safety and health management to a specialized safety management institution or a specialized health management institution pursuant to paragraph (1), such institution shall be deemed a person in charge of safety and health management under Article 19-4 (1) of the Act. |
[This Article Newly Inserted by Presidential Decree No. 27559, Oct. 27, 2016]
[Enforcement Date]: Dates referred to in the following subparagraphs in case of the amended provisions of Article 19-6: | 1. | Places of business to which at least 30 but less than 50 full-time employees are assigned: September 1, 2018; |
| 2. | Places of business to which at least 20 but less than 30 employees are assigned: September 1, 2019. |
| Article 20 (Appointment, etc., of Occupational Health Doctors) |
| (1) | The business to which an occupational health doctor is to be appointed pursuant to Article 17 (2) of the Act shall be those employing not less than 50 full-time workers and appointing a health officer who is not a doctor: Provided, That the business which has entrusted the duties of a health officer to a specialized health management institution pursuant to Article 19, is not required to appoint an occupational health doctor. <Amended by Presidential Decree No. 25251, Mar. 12, 2014> |
| (2) | An occupational health doctor prescribed in paragraph (1) may be commissioned from outside of the place of business. In such cases, the occupational health doctor commissioned shall carry out the duties of the occupational health doctor prescribed in Article 22. |
| (3) | Where a business owner appoints an occupational health doctor, the business owner shall submit to the Minister of Employment and Labor documents proving such fact within 14 days after the date of appointment, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (4) | The number of places of business and number of workers being managed by occupational health doctors commissioned pursuant to paragraph (2) and other matters necessary for his/her appointment shall be determined by the Minister of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 21 (Qualification for Occupational Health Doctors) |
In order to be qualified for an occupational health doctor, defined in Article 17 (2) of the Act, a person shall be a medical doctor, defined in the Medical Service Act, who shall be a specialist either in working environment or in preventive medicine or who shall have abundant knowledge and experience in occupational health. <Amended by Presidential Decree No. 23545, Jan. 26, 2012> [This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 22 (Duties, etc., of Occupational Health Doctors) |
| (1) | An occupational health doctor shall carry out the following duties pur- suant to Article 17 (2) of the Act: <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| 1. | Review of the results of the health examinations pursuant to Article 43 of the Act, and taking appropriate measures for the workers' health following the results, including work arrangements, work conversions, and reduction of working hours; |
| 2. | Investigation into the cause of workers' medical problems and medical treatment to prevent recurrence; |
| 3. | Other matters concerning medical care necessary for maintenance and promotion of workers' health as determined by the Minister of Employment and Labor. |
| (2) | A business owner shall grant an occupational health doctor the necessary authority to perform the duties prescribed in paragraph (1). |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 23 (Projects Requiring Designation of Persons in General Charge of Safety and Health) |
The phrase "business specified by Presidential Decree" in the former part of the part other than the subparagraphs of Article 18 (1) of the Act refers to business, in which full-time workers, including those employed by contractors and subcontractors, are at least 100 persons (50 persons in cases of the business of building ships and boats, the business of primary metal industry, and the business of mining earth, sand and stones) or the business of construction of which the total construction cost, including the cost of construction works awarded to contractors and subcontractors, amounts to at least two billion won: <Amended by Presidential Decree No. 23545, Jan. 26, 2012; Presidential Decree No. 25251, Mar. 12, 2014> | 1. | through 7. Deleted. <by Presidential Decree No. 25251, Mar. 12, 2014> |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 24 (Duties, etc., of Persons in General Charge of Safety and Health) |
| (1) | Pursuant to Article 18 (3) of the Act, a person in general charge of safety and health shall perform the following duties: <Amended by Presidential Decree No. 23545, Jan. 26, 2012; Presidential Decree No. 25251, Mar. 12, 2014> |
| 3. | Supervision of spending of occupational health and safety management expenses by a contractor, and consultations and coordination among contractors with respect to the spending of such expenses under Article 30 of the Act; |
| 4. | Confirmation as to whether machinery, apparatuses, etc., subject to safety certification and machinery, apparatuses, etc., subject to voluntary safety confirmation are used; |
| (2) | Article 9 (3) and (4) shall apply mutatis mutandis to persons in general charge of health and safety. In such cases, “a person in charge of management” shall be construed as “persons in general charge of health and safety,” and “each subparagraph of Article 13 (1) of the Act” as “paragraph (1),” respectively. <Amended by Presidential Decree No. 25251, Mar. 12, 2014> |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 25 (Those Obliged to Establish Occupational Health and Safety Committee) |
The businesses which are obliged to establish and operate an occupational health and safety committee pursuant to Article 19 (8) of the Act shall be listed in the attached Table 6-2. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 24684, Aug. 6, 2013> | 1. | and 2. Deleted. <by Presidential Decree No. 24684, Aug. 6, 2013> |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 25-2 (Composition of Occupational Health and Safety Committee) |
| (1) | The members representing workers of each occupational health and safety committee are as follows: |
| 1. | The representative of workers (referring to the representative of a labor union if such labor union is organized by the majority of workers, or a person representing the majority of workers if such labor union does not exist, or the representative of an affiliated labor association of a unit trade union which is organized by the majority of workers of the place of business regardless of the names of the branch or chapter of the association; hereinafter the same shall apply); |
| 2. | One or more honorary occupational safety inspectors designated by the representative of workers of a place of business where honorary occupational safety supervisors are commissioned under Article 61-2 of the Act (hereinafter referred to as "honorary inspector"); |
| 3. | Nine or less workers of the place of business appointed by the representative of workers (excluding the number of honorary inspectors who are designated as members representing workers). |
| (2) | The members representing employers of each occupational health and safety committee are as follows: Provided, That in a place of business where at least 50 but not more than 100 workers are employed, the occupational health and safety committee may be organized, with those persons falling under subparagraph 5 excluded: <Amended by Presidential Decree No. 24684, Aug. 6, 2013; Presidential Decree No. 25251, Mar. 12, 2014> |
| 1. | The representative of the relevant business (referring to the highest person responsible for that place of business if the same business has several places of business located in different regions; hereinafter the same shall apply); |
| 2. | One safety officer (limited to the place of business that must assign a safety officer pursuant to Article 12 (1); in the case of a place of business that entrusts any specialized safety management institution with duties of the safety officer, referring to a person in charge of safety management for that place of business in the said specialized institution); |
| 3. | One health officer (limited to the place of business that must assign a health officer pursuant to Article 16 (1); in the case of a place of business that entrusts any specialized health management institution with duties of the health officer, referring to a person in charge of health management for that place of business in the said specialized institution); |
| 4. | The occupational health doctor (limited to cases where he/she is assigned to the place of business concerned); |
| 5. | Not more than nine chiefs of departments, designated by the representative of the relevant business. |
| (3) | Notwithstanding paragraphs (1) and (2), where the owner of a construction project awards contracts to contractors for a part of the project and organizes a council on safety and health pursuant to Article 29 (2) 1 of the Act, the owner may organize an occupational health and safety committee with the following persons within the council: <Amended by Presidential Decree No. 23545, Jan. 26, 2012> |
| 1. | Safety officers, as members representing employers; |
| 2. | The representative of workers, who is also a member representing workers, for all projects including contract and subcontract, an honorary occupational safety inspector, and a worker of the relevant place of business who is designated by the representative of workers. |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 25-3 (Chairperson) |
The chairperson of an occupational health and safety committee shall be elected from among the committee's members. In such cases, two co-chairpersons may be elected each from among members representing workers and members representing employers.
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 25-4 (Meetings, etc.) |
| (1) | Meetings of the occupational health and safety committee shall be classified into regular meetings and special meetings, and a regular meeting shall be convened by the chairperson on a quarterly basis, while a special meeting shall be convened by the chairperson whenever deemed necessary. <Amended by Presidential Decree No. 23545, Jan. 26, 2012> |
| (2) | The meetings shall be held with the attendance of a majority of members representing workers and members representing employers, respectively, and resolutions on matters shall be passed by affirmative votes of a majority of those present. |
| (3) | Where the representative of workers, the honorary occupational safety inspector, the representative of the relevant business, the safety officer or the health officer is unable to attend a meeting, he/she may designate one person from among those engaged in the relevant business to act for him/her. |
| (4) | The occupational health and safety committee shall prepare and keep a minute containing the following matters: |
| 1. | Date, time and venue of session; |
| 2. | Number of members present; |
| 3. | Details of deliberation, resolutions and decisions; |
| 4. | Other matters discussed. |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 25-5 (Disposal of Undecided Matters, etc.) |
| (1) | In cases falling under any of the following subparagraphs, the occupational health and safety committee shall resolve them by establishing an arbitration body under the occupational health and safety committee by mutual agreement between members representing workers and members representing employers or have them arbitrated by a third party: |
| 1. | Where the occupational health and safety committee fails to decide upon the matters referred to in Article 19 (2) of the Act; |
| 2. | Where there exists disagreement about the interpretation or implementing methods of the matters decided by the occupational health and safety committee. |
| (2) | Where any arbitral award under paragraph (1) is given, it shall be deemed to have been decided by the occupational health and safety committee, and the business owner and workers shall abide by it. |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 25-6 (Publicity of Results, etc., of Meetings) |
The chairperson of an occupational health and safety committee shall promptly make the results of meetings and the details of arbitral awards, such as the details deliberated on and decided by the Occupational Health and Safety Committee available to the workers through internal company broadcasts, employment magazines, notices or its own regular morning meetings and by other appropriate methods.
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 26 (Contract-Prohibited Work, and Health and Safety Measures in Contracted Business) |
| (1) | "Work prescribed by Presidential Decree"in the Article 28 (1) of the Act means the following work, the partial manufacturing process of which is awarded to a contractor in the same place of business: <Amended by Presidential Decree No. 22061, Feb. 24, 2010; Presidential Decree No. 22269, Jul. 12, 2010> |
| 2. | The work of refining, casting, processing and heating heavy metal, including mercury, lead, and cadmium; |
| 3. | The work of manufacturing or using substances, for which permission is required to obtain to use under Article 38 (1) of the Act; |
| 4. | Other harmful or dangerous work prescribed by the Minister of Employment and Labor after deliberation of the Industrial Accident Compensation Insurance and Industrial Accident Prevention Deliberative Committee under Article 8 (1) of the Industrial Accident Compensation Insurance Act (hereinafter referred to as the "Deliberative Committee"). |
| (2) | The term "business prescribed by Presidential Decree" in the part other than the subparagraphs of Article 29 (1) of the Act refers to the business other than that in which only clerical workers are employed. <Amended by Presidential Decree No. 24684, Aug. 6, 2013> |
| (3) | Equipments of manufacturing, using, transporting, and storing any chemical substances or materials containing chemical substances under the latter part of Article 29 (5) of the Act shall be those equipments prescribed by Ordinance of the Ministry of Employment and Labor which are reactors, distillation towers, pipes, or storage tanks of manufacturing, using, transporting, and storing either any chemical substances prescribed by Ordinance of the Ministry of Employment and Labor, which have harmful or dangerous nature, such as explosiveness, ignitability, combustibility, toxicity, etc., or formulations containing such chemical substances. <Newly Inserted by Presidential Decree No. 25251, Mar. 12, 2014> |
| (4) | The phrase “works which are harmful or dangerous in terms of safety or health” under the latter part of Article 29 (5) of the Act shall be works for modifying, disassembling, dismantling or demolishing any equipments under paragraph (3) or works carried out inside such equipments. <Newly Inserted by Presidential Decree No. 25251, Mar. 12, 2014; Presidential Decree No. 27559, Oct. 27, 2016> |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 26-2 (Business Required to Organize Labor-Management Council) |
The phrase "business, the types and sizes of which are prescribed by Presidential Decree" under Article 29-2 (1) of the Act refers to the construction business, construction cost of which is at least 12 billion won (15 billion won, in cases of the civil engineering business as set forth in attached Table 1 of the Enforcement Decree of the Framework Act on the Construction Industry). [This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 26-3 (Composition of Labor-Management Council) |
| (1) | Members representing workers of a labor-management council on safety and heath under Article 29-2 (1) of the Act (hereinafter referred to as "labor-management council") shall be comprised of the following persons: |
| 1. | The labor representative of all the projects including contract or subcontract projects; |
| 2. | One honorary inspector designated by the labor representative: Provided, That, this refers to a person of the place of business concerned designated by the labor representative, if no honorary inspector has been commissioned; |
| 3. | Labor representatives of contracted or subcontracted projects, the construction cost of which is at least two billion won. |
| (2) | The members representing employers shall be comprised of the following persons: <Amended by Presidential Decree No. 26985, Feb. 17, 2016> |
| 1. | The representative of the relevant business; |
| 2-2. | One health officer (limited to construction business required to appoint a health officer under subparagraph 40 of attached Table 5); |
| 3. | Business owners who performs any contract or subcontract project, the construction cost of which is at least two billion won. |
| (3) | Members representing workers and members representing employers of a labor-management council may agree to appoint, as members thereof, the business owner and the labor representative of a contracted or subcontracted project, the construction cost of which is less than two billion won. |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 26-4 (Operation, etc., of Labor-Management Council) |
| (1) | The meetings of a labor-management council shall be classified into regular meetings and special meetings; and a regular meeting shall be convened by the chairperson of the labor-management council (hereafter referred to as "chairperson" in this Article) every two months, and a special meeting may be convened by the chairperson whenever deemed necessary. |
| (2) | Articles 25-3, 25-4 (2) through (4), 25-5, and 25-6 shall, respectively, apply mutatis mutandis to the election of the chairperson, the meetings of a labor-management council, the methods of handling those matters not resolved by the labor-management council and the announcement on the results, etc., of the meetings. |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 26-5 (Objects of Requests for Design Modification and Scope of Experts) |
Those cases where the risk of accidents under the latter part of Article 29-3 (1) of the Act is deemed high refer to the cases where, in the course of establishing (including cases where the establishment has already been completed) or operating any of the following structures, the risk of accidents, such as collapse, fall, etc., of any relevant structure, is high: | 1. | A scaffold which is at least 31 meters in height; |
| 2. | A work plate-integrated mould or a mould strut which is at least six meters in height; |
| 3. | Tunnel timbering, or sheathing timbering which is at least two meters in height; |
| 4. | A temporary structure which can be moved by using power. |
| 4. | A Professional Engineer Construction Equipment (limited to the structures referred to in paragraph (1) 4). |
[This Article Newly Inserted by Presidential Decree No. 25251, Mar. 12, 2014]
| Article 26-6 (Business to Appropriate Occupational Health and Safety Man- agement Expenses) |
"Business prescribed by Presidential Decree" in Article 30 (1) of the Act means dangerous and hazardous business which the Minister of Employment and Labor determines after undergoing deliberation by the Deliberative Committee. <Amended by Presidential Decree No. 22061, Feb. 24, 2010; Presidential Decree No. 22269, Jul. 12, 2010> [This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 26-7 (Requirements for Designation as Specialized Institutions for Accident Prevention) |
In order to be qualified for being designated as a specialized institution under Article 30-2 (1) of the Act (hereinafter referred to as "specialized institution for accident prevention"), a person shall fall under any of the following subparagraphs, and shall satisfy prerequisites specified by Ordinance of the Ministry of Employment and Labor for human resources, facilities, and equipment: <Amended by Presidential Decree No. 25251, Mar. 12, 2014> | 1. | An occupational safety instructor registered pursuant to Article 52-4 of the Act (limited only to an occupational safety instructor in safety in electrical works or construction works); |
| 2. | A corporation that intends to provide accident prevention services. |
[This Article Wholly Amended by Presidential Decree No. 23545, Jan. 26, 2012]
| Article 26-8 (Criteria of Guidance by Specialized Institutions for Accident Prevention) |
Specialized institutions for accident prevention shall provide guidance for accident prevention pursuant to criteria determined by Ordinance of the Ministry of Employment and Labor, according to the types and scale of construction work, construction expenses, etc. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 26-9 (Application Mutatis Mutandis) |
Articles 15-3, and 15-5 through 15-7 shall apply mutatis mutandis to specialized institutions for accident prevention. [This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 26-10 (Registration and Its Revocation of Institution Entrusted with Safety and Health) |
| (1) | An entity who intends to make registration of an institution entrusted with safety and health pursuant to Article 31 (5) of the Act shall be a juristic person or, a school under Article 2 of the Higher Education Act in which a department related to industrial safety and health is established, and shall meet standards for human resources, facilities and equipment under attached Table 6-3. |
| (2) | Where an entity intends to either make registration of an institution entrusted with safety and health education or change any registered matter pursuant to Article 31 (5) of the Act, such entity shall file an application for registration or an application for change of registration with the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor. |
| 1. | Refusing to conduct the education without justifiable reason; |
| 2. | Falsely preparing a document related to the education; |
| 3. | Receiving a fee without conducting the education; |
[This Article Wholly Amended by Presidential Decree No. 27559, Oct. 27, 2016]
| Article 26-11 (Requirements for Registration of Institutions for Basic Education on Safety and Health in Construction Business) |
"Requirements prescribed by Presidential Decree for human resources, facilities, equipment, etc." in Article 31-2 (1) of the Act means that an institution shall fall under any of the following subparagraphs, and shall possess human resources, facilities, equipment, etc., specified in attached Table 6-4: <Amended by Presidential Decree No. 24684, Aug. 6, 2013> | 1. | A corporation that intends to provide basic education on safety and health in construction business; |
[This Article Newly Inserted by Presidential Decree No. 23545, Jan. 26, 2012]
| Article 26-12 (Application etc., for Registration of Institutions for Basic Education on Safety and Health in Construction Business) |
| (1) | An institution that intends to register itself pursuant to Article 31-2 (1) of the Act shall file an application for registration with the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor. |
| (2) | If an institution registered pursuant to paragraph (1) intends to amend registered facts, it shall file an application for amendment with the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor. |
[This Article Newly Inserted by Presidential Decree No. 23545, Jan. 26, 2012]
| Article 26-13 (Grounds for Revocation of Registration of Institutions for Basic Education on Safety and Health in Construction Business) |
| 1. | Where an institution refuses to provide education without justification; |
| 2. | Where an institution prepares a false document about education; |
| 3. | Where an institution receives any fee without providing education; |
[This Article Newly Inserted by Presidential Decree No. 23545, Jan. 26, 2012]
| Article 26-14 (Prerequisites for Registration of Institutions Entrusted with On-the-Job Training) |
In order for an institution to be qualified for being entrusted with on-the-job training pursuant to Article 32 (3) of the Act, it shall fall under any of the following: <Amended by Presidential Decree No. 24684, Aug. 6, 2013> | 2. | Any of the following institutions with human resources, facilities, and equipment specified in attached Table 6-5: |
| (b) | A nonprofit corporation. |
[This Article Newly Inserted by Presidential Decree No. 23545, Jan. 26, 2012]
| Article 26-15 (Provisions Applicable Mutatis Mutandis) |
[This Article Newly Inserted by Presidential Decree No. 23545, Jan. 26, 2012]
| Article 27 (Harmful or Dangerous Machinery, Instruments, etc., in Need of Protective Measures) |
| (1) | Machinery and instruments which shall neither be provided for transfer, rent, installation, or use, nor be displayed for the purpose of transfer or rent without taking protective measures to prevent harmfulness or danger pursuant to Article 33 (1) of the Act shall be as listed in attached Table 7. <Amended by Presidential Decree No. 25251, Mar. 12, 2014> |
| (2) | Machinery, instruments, facilities, structures or other things which require the preventive measures against harm or hazard provided for by Ordinance of the Ministry of Employment and Labor pursuant to Article 33 (3) of the Act shall be as listed in attached Table 8. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 25251, Mar. 12, 2014> |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 28 (Machinery, Apparatuses, etc., subject to Safety Certification) |
| (1) | "Machinery, apparatuses, equipment, etc., which are prescribed by Presidential Decree" in Article 34 (2) of the Act are as follows: <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23545, Jan. 26, 2012; Presidential Decree No. 25251, Mar. 12, 2014> |
| 1. | Machinery, tools and equipment specified in the following: |
| (b) | Shearing machines and bending machines; |
| (g) | Injection molding machines; |
| (h) | High place working benches; |
| (i) | Wall maintenance lifts; |
| (j) | Machine saws (limited to mobile ones); |
| 2. | Protective devices specified in the following: |
| (a) | Protective devices of presses and shearing machines; |
| (b) | Overload limiters for lifting machines; |
| (c) | Safety valves for releasing pressure from boilers; |
| (d) | Safety valves for releasing pressure from pressure vessels; |
| (e) | Rupture disks for releasing pressure from pressure vessels; |
| (f) | Insulation devices and tools for live-wire operations; |
| (g) | Explosion-proof electric machines, tools and parts; |
| (h) | Temporary equipment and materials for preventing hazards, such as crash, falling, and collapse, and protecting people from such hazards, as specified and publicly announced by the Minister of Employment and Labor; |
| 3. | Protective equipment specified in the following: |
| (a) | Safety helmets for preventing risks of falling and electric shock; |
| (g) | Electric respiratory protective equipment; |
| (j) | Protective goggles for shielding the light or preventing risks of flying debris; |
| (k) | Face shields for welding; |
| (l) | Soundproof earplugs or earmuffs. |
| (2) | Specific types, specifications, and models of machinery, instruments, etc., subject to safety certification under paragraph (1) shall be determined and publicly announced by the Minister of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 25251, Mar. 12, 2014> |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 28-2 (Prerequisites for Designation of Safety Certification Institutions) |
In order for an institution to be qualified for being designated as a safety certification institution pursuant to Article 34-5 (1) of the Act, it shall fall under any of the following subparagraphs: | 2. | Any of the following institutions with human resources, facilities, and equipment specified by Ordinance of the Ministry of Employment and Labor: |
| (a) | A nonprofit corporation established for the purpose of promoting occupational safety and health or preventing industrial accidents; |
| (b) | A public institution, defined in the Act on the Management of Public Institutions and established for the purpose of certifying and testing machinery, tools, and equipment or research, development, education, and evaluation of manufacturing technology. |
[This Article Newly Inserted by Presidential Decree No. 23545, Jan. 26, 2012]
| Article 28-3 (Application etc., for Designation of Safety Certification Institution) |
| (1) | A person who intends to be designated as a safety certification institution shall file an application for the designation with the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor. |
| (2) | If a person intends to amend any term or condition with regard to the designation as a safety certification institution, he/she shall file an application for the amendment with the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor. |
[This Article Newly Inserted by Presidential Decree No. 23545, Jan. 26, 2012]
| Article 28-4 (Grounds for Revocation of Designation of Safety Certification Institution) |
| 1. | Where an institution violates Article 34 (8) of the Act with regard to the method or procedure for safety certification and verification; |
| 2. | Where an institution refuses, interferes with, or evades instruction or supervision by the Minister of Employment and Labor under Article 34-5 of the Act; |
| 3. | Where an institution refuses to provide safety certification services without justification; |
| 4. | Where an institution neglects or fails to perform its obligation to provide safety certification services in a timely manner. |
[This Article Newly Inserted by Presidential Decree No. 23545, Jan. 26, 2012]
| Article 28-5 (Machinery, Tools, etc., subject to Voluntary Safety Confirmation) |
| (1) | "Machinery, tools and equipment specified by Presidential Decree" in the main sentence, above subparagraphs, of Article 35 (1) of the Act are as follows: |
| 1. | Machinery, tools and equipment specified in the following: |
| (a) | Grinding machines or abraders (excluding mobile ones); |
| (d) | Crusher or comminutors; |
| (e) | Machinery for processing food (limited to machines for crushing, cutting, mixing, and noodle-making); |
| (g) | Lifts for servicing automobiles; |
| (h) | Machine tools (limited to lathes, drills, planning machines, sharpening machines, and milling machines); |
| (i) | Fixed machines for processing timber (limited to circular saws, planes, routers, belt saws, chamfering machines); |
| (k) | Air pressure chambers; |
| 2. | Protective devices specified in the following: |
| (a) | Safety devices for acetylene welding equipment or gas welding equipment; |
| (b) | Automatic voltage reducing devices for AC Arc welding machines; |
| (c) | Emergency stop devices of roller machines; |
| (d) | Covers of grinding machines; |
| (e) | Reaction-proof devices of circular saws for wood processing and blade guards; |
| (f) | Blade guards of hand-operated planes; |
| (g) | Safety mats for industrial robots; |
| (h) | Temporary equipment and materials necessary for preventing hazards, such as crash, falling, and collapse, and protecting people for such hazards (excluding temporary equipment and materials specified in Article 28 (1) 2 (h)), as determined and publicly announced by the Minister of Employment and Labor; |
| 3. | Protective equipment specified in the following: |
| (a) | Safety helmets (excluding safety helmets specified in Article 28 (1) 3 (a)); |
| (b) | Protective goggles (excluding protective goggles specified in Article 28 (1) 3 (j)); |
| (c) | Face shields (excluding face shields specified in Article 28 (1) 3 (k)); |
| (d) | Diving apparatuses (Including diving helmets and diving masks). |
| (2) | Specific types, specifications, and models of machinery, tools, etc., subject to voluntary safety confirmation under paragraph (1) shall be determined and publicly announced by the Minister of Employment and Labor. |
[This Article Wholly Amended by Presidential Decree No. 23545, Jan. 26, 2012]
| Article 28-6 (Harmful or Dangerous Machinery subject to Safety Inspection) |
| (1) | "Harmful or dangerous machinery, tools or equipment determined by Presidential Decree" in the former part of Article 36 (1) of the Act are as follows: <Amended by Presidential Decree No. 23545, Jan. 26, 2012; Presidential Decree No. 26985, Feb. 17, 2016> |
| 3. | Cranes (excluding those with a rated load of less than two tons); |
| 6. | Wall maintenance lifts; |
| 7. | Local ventilation equipment (excluding mobile equipment); |
| 8. | Centrifugal machines (limited to industrial machines); |
| 9. | Chemical equipment and its accessory equipment; |
| 10. | Drying equipment and its accessory equipment; |
| 11. | Roller machines (excluding sealed structures); |
| 12. | Injection molding machines (excluding those with clamping force of less than 294). |
| 13. | Mobile elevated work platform (limited to mobile elevated work platform which is loaded to a freight motor vehicle or a special motor vehicle under subparagraph 3 or 4 of the Motor Vehicle Management Act). |
| (2) | The Minister of Employment and Labor shall determine and publicly announce specific types, specifications, and models of harmful or dangerous machinery, tools and equipment subject to safety inspections under Article 36 (1) of the Act. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 28-6 (Harmful or Dangerous Machinery subject to Safety Inspection) |
| (1) | "Harmful or dangerous machinery, tools or equipment determined by Presidential Decree" in the former part of Article 36 (1) of the Act are as follows: <Amended by Presidential Decree No. 23545, Jan. 26, 2012; Presidential Decree No. 26985, Feb. 17, 2016; Presidential Decree No. 27559, Oct. 27, 2016> |
| 3. | Cranes (excluding those with a rated load of less than two tons); |
| 6. | Wall maintenance lifts; |
| 7. | Local ventilation equipment (excluding mobile equipment); |
| 8. | Centrifugal machines (limited to industrial machines); |
| 9. | Chemical equipment and its accessory equipment; |
| 10. | Drying equipment and its accessory equipment; |
| 11. | Roller machines (excluding sealed structures); |
| 12. | Injection molding machines (excluding those with clamping force of less than 294); |
| 13. | Mobile elevated work platform (limited to mobile elevated work platform which is loaded to a freight motor vehicle or a special motor vehicle under subparagraph 3 or 4 of the Motor Vehicle Management Act); |
| 14. | Conveyor; <<Enforcement Date: Oct. 28, 2017>> |
| 15. | Industrial robot. <<Enforcement Date: Oct. 28, 2017>> |
| (2) | The Minister of Employment and Labor shall determine and publicly announce specific types, specifications, and models of harmful or dangerous machinery, tools and equipment subject to safety inspections under Article 36 (1) of the Act. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 28-7 (Requirements, Procedure, etc., for Designation of Safety Inspection Institutions) |
Articles 28-2 and 28-3 shall apply mutatis mutandis to the requirements and procedures for the designation of safety inspection institutions under Article 36 (5) of the Act. In such cases, the term “safety certification institution” shall be construed as “safety inspection institution.” [This Article Newly Inserted by Presidential Decree No. 23545, Jan. 26, 2012]
| Article 28-8 (Grounds for Revocation of Designation of Safety Inspection Institutions) |
Article 28-4 shall apply mutatis mutandis to the grounds for revocation, etc., of the designation of safety inspection institutions under the Article 15-2 of the Act which applies mutatis mutandis pursuant to the Article 36 (10) of the Act. In such cases, the term “safety certification institution” shall be construed as “safety inspection institution,” and “affairs of safety certification” as “affairs of safety inspection,” respectively. [This Article Newly Inserted by Presidential Decree No. 23545, Jan. 26, 2012]
| Article 28-9 (Grounds for Revocation of Designation of Designated Inspection Institutions) |
"Ground specified by Presidential Decree" in Article 15-2 (1) 5 of the Act, which shall apply mutatis mutandis to the following cases pursuant to Article 36-2 (7) of the Act, are as follows: <Amended by Presidential Decree No. 23545, Jan. 26, 2012; Presidential Decree No. 25251, Mar. 12, 2014> | 1. | Where a designated inspection institution receives entrustment fees without conducting an inspection; |
| 2. | Where a designated inspection institution prepares a false document regarding an inspection; |
| 3. | Where a designated inspection institution refuses to be entrusted with an inspection without justification; |
| 4. | Where a designated inspection institution omits any item subject to inspection or fails to observe the method of inspection; |
| 5. | Where a designated inspection institution fails to observe the guidelines for judgment on outcomes of an inspection or fails to present an opinion on safety measures according to the results of an inspection. |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 29 (Harmful Materials Prohibited from being Manufactured, etc.) |
Harmful materials prohibited from being manufactured, imported, transferred, supplied or used under Article 37 (1) of the Act shall be as listed in the following subparagraphs: <Amended by Presidential Decree No. 22061, Feb. 24, 2010; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 25836, Dec. 9, 2014; Presidential Decree No. 26985, Feb. 17, 2016> | 1. | Yellow phosphorous match; |
| 2. | Paint containing white lead (excluding any paint in which the volume ratio of such white lead is not more than two percent); |
| 3. | Polychlorinated terphenyl (PCT); |
| 4. | 4-Nitrodiphenyl and its salts; |
| 5. | Actinolite asbestos, anthophyllite asbestos and tremolite asbestos; |
| 6. | β-Naphthylamine and its salts; |
| 7. | Chrysotyle Asbestos, Crocidolite asbestos and amosite asbestos; |
| 8. | Rubber glue containing benzene (excluding any rubber glue in which the volume ratio of such benzene is not more than five percent); |
| 9. | Formulation containing one of those referred to in subparagraphs 3 through 7 (excluding any preparations in which the weight ratio of such substances is not more than one percent); |
| 11. | Other materials prescribed by the Minister of Employment and Labor as harmful to human health after undergoing deliberation by the Deliberative Committee. |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 30 (Harmful Materials Requiring Permission) |
Harmful materials subject to permission for manufacturing or use under Article 38 (1) of the Act are as follows: <Amended by Presidential Decree No. 22061, Feb. 24, 2010; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23545, Jan. 26, 2012; Presidential Decree No. 26985, Feb. 17, 2016> | 1. | Dichlorobenzidine and its salts; |
| 2. | α-Naphthylamine and its salts; |
| 4. | Ortho-Tolidine and its salts; |
| 5. | Dianisidine and its salts; |
| 7. | Arsenic and its inorganic compound; |
| 8. | Chromite ore (limited to cases of plastic treatment by adding heat thereto); |
| 9. | Coal tar pitch volatiles; |
| 13. | Deleted; <by Presidential Decree No. 26985, Feb. 17, 2016> |
| 14. | Formulation containing one of those referred to in subparagraphs 1 through 11 (excluding any formulation to which the weight ratio of such substances contained is not more than one percent); |
| 15. | Formulation containing substances referred to in subparagraph 12 (excluding any formulation to which the weight ratio of such sub- stances is not more than 0.5 percent); |
| 16. | Other harmful substances prescribed by the Minister of Employment and Labor as harmful to human health after undergoing deliberation by the Deliberative Committee. |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 30-2 (Application for Permission for Manufacture, etc. of Harmful Materials) |
A person who intends to obtain permission for manufacture or use of harmful materials falling under any subparagraph of Article 30 in accordance with Article 38 (1) of the Act shall file an application with the Minister of Employment and Labor for permitting the manufacture or use of such harmful materials, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> [This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 30-3 (Matters subject to Asbestos Inspection by Designated Institute) |
| (1) | "A structure or facility of at least the size specified by Presidential Decree" in the main sentence of Article 38-2 (2) of the Act means any of the following structures and facilities: <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23545, Jan. 26, 2012> |
| 1. | Buildings (excluding the housings under subparagraph 2; hereafter the same shall apply in this subparagraph) with the total area equal to or exceeding 50 square meters and with the total area to be removed or dismantled equal to or exceeding 50 square meters; |
| 2. | Housings (including adjacent buildings under subparagraph 12 of Article 2 of the Enforcement Decree of the Building Act; hereafter the same shall apply in this Article) with the total area equal to or exceeding 200 square meters and with the total area to be removed or dismantled equal to or exceeding 200 square meters; |
| 3. | Where the total area using materials (including substances; hereinafter the same shall apply) falling under any of the following items in the part to be removed or dismantled of a facility is equal to or exceeding 15 square meters, or cases where the total volume of such materials is equal to or exceeding one cubic meter: |
| (a) | Heat insulating materials; |
| (b) | Thermal insulating materials; |
| (h) | Other materials determined and publicly announced by the Minister of Employment and Labor as those used for similar purposes to materials under items (a) through (g); |
| 4. | Where the total length of pipes is equal to or exceeding 80 meters and where the total length of pipes used as thermal insulating materials in the part to be removed or dismantled is equal to or exceeding 80 meters. |
| (2) | "If it is obvious that a structure or facility contains asbestos, or if it is confirmed that a ground specified by Presidential Decree for omitting such inspection exists" in the proviso to Article 38-2 (2) of the Act means any of the following cases: <Amended by Presidential Decree No. 23545, Jan. 26, 2012> |
| 1. | Where materials used in the removed or dismantled part of a building or facility are clearly proven not to contain asbestos by relevant data including blueprints and material history; |
| 2. | Where it is clearly proven that materials containing more than one percent (weight percent) of asbestos were used in the removed or dismantled part of a building or facility. |
| (3) | Deleted. <by Presidential Decree No. 23545, Jan. 26, 2012> |
[This Article Newly Inserted by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 30-4 (Prerequisites, etc., for Designation of Asbestos Inspection Institute) |
| (1) | A person entitled to be designated as an asbestos inspection institute under Article 38-2 (6) of the Act shall be limited to any of the following persons who satisfies prerequisites for human resources necessary for asbestos inspection, including industrial hygiene managers and air quality specialists, and facilities and equipment for asbestos inspection, including extracting pumps, polarized light microscopes, and who has passed the evaluation of capability of asbestos inspection conducted by the Minister of Employment and Labor under paragraph (5) of the same Article: <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23545, Jan. 26, 2012> |
| 1. | Agencies affiliated to the State or local governments; |
| 4. | A corporation that intends to provide asbestos inspection services. |
| (2) | Specific matters relating to expert human resources, facilities and equipment of asbestos inspection institutions under paragraph (1) shall be determined by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
[This Article Newly Inserted by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 30-5 (Application, etc., for Designation of Asbestos Inspection Institutes) |
| (1) | A person who intends to be designated as an asbestos inspection institute under Article 38-2 (6) of the Act shall submit an application for designation of an asbestos inspection institute to the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23545, Jan. 26, 2012> |
| (2) | If a person intends to amend any term or condition with regard to the designation of an asbestos inspection institute, he/she shall file an application for amendment with regard to such term or condition with the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
[This Article Newly Inserted by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 30-6 (Grounds for Revocation of Designation of Asbestos Inspection Institutes) |
"Where any other ground prescribed by Presidential Decree exists" in Article 15-2 (1) 5 of the Act, which shall apply mutatis mutandis to the following cases pursuant to Article 38-2 (7) of the Act, means any of the following cases: <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23545, Jan. 26, 2012> | 1. | Where an asbestos inspection institute refuses to provide asbestos inspection services without justifiable grounds; |
| 2. | Where an asbestos inspection institute prepares a false document with regard to an asbestos inspection conducted by a designated institute pursuant to Article 38-2 (2) of the Act; |
| 3. | Where an asbestos inspection institute does not undergo the evaluation conducted by the Minister of Employment and Labor with regard to its capability to perform asbestos inspections as an asbestos inspection institute pursuant to Article 38-2 (5) of the Act or an asbestos inspection is judged as inappropriate as a result of such evaluation; |
| 4. | Where an asbestos inspection institute violates any rule prescribed by Ordinance of the Ministry of Employment and Labor pursuant to Article 38-2 (6) of the Act with regard to the method of inspection and other necessary matters; |
| 5. | Where an asbestos inspection institute instructs a person who fails to meet the standards prescribed pursuant to Article 30-4 for human resources to conduct an asbestos inspection; |
| 6. | Where an asbestos inspection institute instructs a person who fails to be qualified under Article 38-5 (2) of the Act to measure asbestos concentration; |
| 7. | Where an asbestos inspection institute commits a violation in applying the method prescribed for measuring asbestos concentration pursuant to Article 38-5 (2) of the Act; |
| 8. | Where an asbestos inspection institution refuses, interferes with, or evades instruction or supervision by a related public official. |
[This Article Newly Inserted by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 30-7 (Subject of Asbestos Dismantling or Removal by Asbestos Dismantlers or Removers) |
| (1) | "Cases where the amounts and sizes of which equal to or exceed that prescribed by President Decree is contained" in the main sentence of Article 38-4 (1) of the Act means any of the following cases: |
| 1. | Where asbestos exceeding one percent (weight percent) is contained in material, such as wall, floor, ceiling and roof materials to be removed and dismantled and the area of such material is equal to or exceeding 50 square meters; |
| 2. | Where spray materials or fireproofing materials containing asbestos exceeding one percent (weight percent) is used; |
| 3. | Where the total area of material falling under any (excluding spray materials and fireproofing materials) of items of Article 30-3 (1) 3 containing asbestos exceeding one percent (weight percent) is equal to or exceeding 15 square meters or where the total volume of such material is equal to or exceeding one cubic meter; |
| 4. | Where thermal insulating materials used in pipes contains asbestos exceeding one percent (weight percent) and where the total length of the thermal insulating materials is equal to or exceeding 80 meters. |
| (2) | "Cases where there exist grounds prescribed by Presidential Decree, including cases where a person has capacity equal to that of asbestos dismantlers or removers" in the proviso to Article 38-4 (1) of the Act means cases where a person who intends to perform asbestos dismantling or removal works oneself has filed a report required under Article 38-4 (3) of the Act with document proving that the person has human resources, facilities and equipments necessary for registration prescribed by Article 30-8. |
[This Article Newly Inserted by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 30-8 (Requirements for Registration of Asbestos Dismantlers or Removers) |
| (1) | A person who intends to register as asbestos dismantler or remover shall have professionals having expertise necessary for asbestos dismantling or removal, such as construction specialists in the fields of civil engineering and construction, and facilities and equipments for safe asbestos dismantling or removal, such as negative air pressure equipment and hygiene facilities. |
| (2) | Specific requirements for registration of asbestos dismantlers or removers under paragraph (1) shall be determined by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
[This Article Newly Inserted by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 30-9 (Application, etc., for Registration of Asbestos Dismantlers or Removers) |
| (1) | A person who intends to register as an asbestos dismantler or remover shall submit an application for registration of asbestos dismantler or remover to the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (2) | To modify registered matters, an asbestos dismantler or remover shall submit an application for modification for asbestos dismantler or remover to the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
[This Article Newly Inserted by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 30-10 (Grounds for Revocation, etc., of Registration of Asbestos Dismantlers or Removers) |
"Where any other ground prescribed by Presidential Decree exists" in Article 15-2 (1) 5 of the Act, which shall apply mutatis mutandis to the following cases pursuant to Article 38-4 (6) of the Act, means any of the following cases: <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23545, Jan. 26, 2012> | 1. | Where an asbestos dismantler or remover is sentenced to a fine or imprisonment without labor or heavier punishment due to its failure to meet the standards for asbestos dismantling or removal works prescribed by Ordinance of the Ministry of Employment and Labor under Article 38-3 of the Act; |
| 3. | Where an asbestos dismantler or remover fails to fulfill its obligation to file a report or preserve documents pursuant to Article 38-4 (3) of the Act; |
| 4. | Where an asbestos dismantler or remover refuses, interferes with, or evades instruction and supervision of relevant public officials. |
[This Article Newly Inserted by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 31 (Harmful Factors to be Maintained at or Below Permissible Level) |
"Harmful factors determined by Presidential Decree" in the main sentence, other than each subparagraph of Article 39-2 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 26985, Feb. 17, 2016> | 1. | Lead and its inorganic compounds; |
| 2. | Nickel (limited to insoluble inorganic compounds); |
| 6. | Asbestos (limited to cases manufactured and used); |
| 7. | Hexavalent chromium compounds; |
| 9. | Cadmium and its compounds; |
| 10. | Toluene-2, 4-diisocyanate or Toluene-2, 6-diisocyanate; |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 32 (Chemical Substances Excluded from Investigation of Harmfulness and Danger) |
"Chemical substances prescribed by Presidential Decree" in the part, other than each subparagraph of Article 40 (1) of the Act means any of the following subparagraphs: <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 26985, Feb. 17, 2016> | 2. | Naturally produced chemical substances; |
| 3. | Radioactive substances; |
| 4. | Substances, the denomination and harmfulness or danger of which, the measures against which, and the annual manufacturing volume and importing volume of which, are published by the Minister of Employment and Labor pursuant to Article 40 (3) of the Act; |
| 5. | Substances registered on the list of chemical substances publicly announced by the Minister of Employment and Labor in consultation with the Minister of Environment. |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 32-2 (Products Excluded from Data Prepared and Kept for Safety and Health in Handling Substances) |
"Products specified by Presidential Decree" in the former part, above subparagraphs, of Article 41 (1) of the Act are as follows: <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23248, Oct. 25, 2011; Presidential Decree No. 23545, Jan. 26, 2012; Presidential Decree No. 23845, Jun. 7, 2012; Presidential Decree No. 25840, Dec. 9, 2014; Presidential Decree No. 26858, Jan. 6, 2016> | 9. | Explosives under Act on the Safety Management of Firearms, Knives, Swords, Explosives, Etc.; |
| 12. | Products provided mainly to general consumers for daily life, except the products specified in subparagraphs 1 through 11; |
| 13. | Other materials publicly announced by the Minister of Employment and Labor as the extent of danger due to the toxicity and explosiveness is deemed minimal. |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 32-3 (Types, etc., of Designated Measurement Institutions) |
The types of designated measurement institutions under Article 42 (7) of the Act and the scope of places of business in which designated measurement institutions by type may perform the measurement of working environment shall be as follows: | 1. | Measurement institutions entrusted by any places of business: Places of business entrusted; |
| 2. | Self-measurement institutions of any places of business: Places of business of contractors where part of business is carried out by means of a contract at the relevant places of business (including the places of business of any affiliated company) or within the places of business. |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 32-4 (Requirements for Designation of Designated Measurement Institutions) |
| (1) | A person falling under each of the following subparagraphs shall be entitled to be designated as a measurement institution entrusted by places of business under subparagraph 1 of Article 32-3 of the Act: |
| 1. | An administrative agency affiliated with the State or local government; |
| 4. | A juristic person who intends to perform the business of working environment measurement. |
| (2) | A person entitled to be designated as a self-measurement institution of any place of business under subparagraph 2 of Article 32-3 shall be limited to any institution affiliated with any place of business subject to the measurement of working environment provided for in Article 42 (1) of the Act. |
| (3) | A person who intends to be designated as a measurement institution shall secure human resources, facilities and equipment prescribed by Ordinance of the Ministry of Employment and Labor according to the types of designated measurement institutions pursuant to Article 32-3. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 32-5 (Application, etc., for Designation as Measurement Institutions) |
| (1) | A person who intends to be designated as a measurement institution pursuant to Article 42 (4) of the Act shall submit an application for designation as a measurement institution to the Minister of Employment and Labor pursuant to Ordinance of the Ministry of Employment and Labor after being determined to be suitable in the assessment of the ability to measure and analyze working environment executed by the Minister of Employment and Labor pursuant to Article 42 (7) of the Act. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (2) | Article 15-3 (2) shall apply mutatis mutandis to the modification of designated matters on designated measurement institutions. |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 32-6 (Grounds for Revoking Designation of Measurement Institutions, etc.) |
"Where any other ground prescribed by Presidential Decree exists" in Article 15-2 (1) 5 of the Act, which shall apply mutatis mutandis to the following cases pursuant to Article 42 (10) of the Act, means any of the following cases: <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23545, Jan. 26, 2012> | 1. | Where it refuses to measure working environment without justifiable grounds; |
| 2. | Where it prepares false documents concerning working environment measurement; |
| 3. | Where it violates the methods, etc., of working environment measurement determined by Ordinance of the Ministry of Employment and Labor pursuant to Article 42 (2) of the Act; |
| 4. | Where it fails to perform its duties entrusted to measure working environment in a timely manner; |
| 5. | Where it fails to pass the evaluation of the capability to measure and analyze working environment conducted by the Minister of Employment and Labor pursuant to Article 42 (8) of the Act; |
| 6. | Where it violates the Act or an order issued under the Act. |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 32-7 (Grounds for Revoking Designation of Institutions Charged with Conducting the Health Examination) |
"Where any other ground prescribed by Presidential Decree exists" in Article 15-2 (1) 5 of the Act, which shall apply mutatis mutandis to the following cases pursuant to Article 43 (11) of the Act, means any of the following cases: <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23545, Jan. 26, 2012> | 1. | Where it omits the items for a medical checkup prescribed by Ordinance of the Ministry of Employment and Labor, or fails to observe the methods of and procedures for performing such medical checkup when the medical checkup is performed; |
| 2. | Where it solicits a medical checkup by means of reducing expenses for medical checkup prescribed by Ordinance of the Ministry of Employment and Labor or unfairly collects medical checkup expenses; |
| 3. | Where it is determined to be unsuitable in the assessment of the ability to checkup and analyze health executed by the Minister of Employment and Labor pursuant to Article 43 (9) of the Act; |
| 4. | Where it makes a false judgment on the findings of a medical checkup or falsifies the individual table of a medical checkup that is prescribed by Ordinance of the Ministry of Employment and Labor; |
| 5. | Where any person who has no qualification or fails to meet the standards for designating a medical institution for a medical checkup, which are set by Ordinance of the Ministry of Employment and Labor, performs a medical checkup; |
| 6. | Where it refuses to perform a medical checkup or suspends a medical checkup without justifiable grounds; |
| 7. | Where it violates other Act or an order issued pursuant to the Act. |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 32-8 (Restriction, etc., of Working Hours on Harmful or Dangerous Work) |
| (1) | Work to be restricted on its working hours pursuant to Article 46 of the Act shall mean work carried out under high pressure, such as submarining or diving. |
| (2) | In carrying out works provided for in paragraph (1), necessary matters for maintaining the safety and health of the workers concerned, including working hours in submarining or diving, and methods of reducing or increasing pressure shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (3) | A business owner shall take necessary precautionary measures for the following harmful or dangerous work, in addition to the measures for preventing harm or hazard prescribed in Articles 23 and 24 of the Act, in order to protect the health of workers by properly allocating working and break hours, and by improving working conditions in relation to working hours: <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| 1. | Work conducted in mining pits; |
| 2. | Work handling intensely heated materials in large quantities and work carried out in very hot and heated places; |
| 3. | Work handling low temperature materials in large quantities and work carried out in very cold and frozen places; |
| 4. | Work handling radium rays, X-rays or other harmful radioactive rays; |
| 5. | Work conducted in places with a considerable amount of dust from glass, earth and rocks, or minerals; |
| 6. | Work conducted in places where tremendous noise is produced; |
| 7. | Work using rock drills, etc., which have a vibrating effect on workers; |
| 8. | Work involving heavy lifting or handling of heavy objects; |
| 9. | Work conducted in places where there are considerable amounts of dust, vapors or gases of heavy metals, such as lead, mercury, chrome, manganese and cadmium, or of carbon bisulfide, organic solvent, or other specific chemical substances provided for by Ordinance of the Ministry of Employment and Labor. |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 33 (Grounds for Revoking Designation of Educational Institutions) |
"Where any other ground prescribed by Presidential Decree exists" in Article 15-2 (1) 5 of the Act, which shall apply mutatis mutandis to the following cases pursuant to Article 47 (4) of the Act, means any of the following cases: <Amended by Presidential Decree No. 23545, Jan. 26, 2012> | 1. | Where a designated educational institution refuses to conduct education for a specific person without justifiable grounds; |
| 2. | Where a designated educational institution fails to perform its duties entrusted to conduct education in a timely manner due to the suspension of education for not less than one month without justifiable grounds; |
| 3. | Where a designated educational institution violates the Act or an order issued under the Act. |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 33-2 (Places of business subject to Submission of Plan for Prevention of Harm and Danger) |
"Business, the type and size of which is prescribed by Presidential Decree" in Article 48 (1) of the Act means any of the following business whose agreed electric capacity is not less than 300 kilowatts: <Amended by Presidential Decree No. 23545, Jan. 26, 2012; Presidential Decree No. 25251, Mar. 12, 2014> | 1. | Manufacturing fabricated metal products (except machinery and furniture); |
| 2. | Manufacturing other non-metallic mineral products; |
| 3. | Manufacturing other machinery or equipment; |
| 4. | Manufacturing motor vehicles, trailers and semitrailers; |
| 5. | Manufacturing food products; |
| 6. | Manufacturing rubber or plastic products; |
| 7. | Manufacturing wood and products of wood and cork; |
| 8. | Manufacturing other products; |
| 9. | Manufacturing basic metal products; |
| 10. | Manufacturing furniture; |
| 11. | Manufacturing chemicals and chemical products; |
| 12. | Manufacturing semiconductors; |
| 13. | Manufacturing electronic components. |
[This Article Newly Inserted by Presidential Decree No. 20973, Aug. 21, 2008]
| Article 33-3 (Requirements for Designation of Safety and Health Inspection Institutions) |
A person who can be designated as one entitled to conduct the safety and health inspection pursuant to Article 49 (1) of the Act (hereinafter referred to as a "safety and health inspection institution") shall be limited to a juristic person who intends to be engaged in safety and health inspection business and who maintains the human resources, facilities and equipment provided for by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> [This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 33-4 (Application Mutatis Mutandis) |
Articles 15-3 and 15-5 shall apply mutatis mutandis to safety and health inspection institutions. [This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 33-5 (Kinds and Details of Safety and Health Inspections) |
The Minister of Employment and Labor may order places of business referred to in Article 49 (1) of the Act to undergo a safety and health inspection listed in attached Table 9. In such cases, the Minister of Employment and Labor may order them to undergo an inspection in the limited fields of machinery, chemical engineering, electricity, construction, etc. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> [This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 33-6 (Matters subject to Submission of Process Safety Reports) |
| (1) | "A harmful or dangerous facility specified by Presidential Decree" in the former part of Article 49-2 (1) of the Act means a place of business in which any of the following business is operated, while it means any facility for manufacturing, handling, and storing one or more harmful or dangerous substances listed on attached Table 10 in the quantity not less than the quantity specified in the aforesaid Table or any facility related to the operation of the aforementioned facility, if the place of business is for any business other than those specified in the following subparagraphs: <Amended by Presidential Decree No. 23545, Jan. 26. 2012; Presidential Decree No. 25251, Mar. 12, 2014> |
| 1. | The business of refining and disposing of crude oil; |
| 2. | The business of reprocessing of fractionation in petroleum refinery; |
| 3. | The business of manufacturing of basic organic petrochemicals or the business of manufacturing synthetic resin and other plastic materials: Provided, That the business of manufacturing synthetic resin and other plastic materials is limited to cases where it falls under subparagraph 1 or 2 of attached Table 10; |
| 4. | The business of manufacturing nitrogenous, phosphatic and potassic fertilizers (excluding cases falling under the business of manufacturing phosphatic and potassic fertilizers); |
| 5. | The business of manufacturing composite fertilizers (excluding cases of any simple fertilizer or any mixed fertilizer); |
| 6. | The business of manufacturing agricultural chemical products (limited to manufacture of raw materials); |
| 7. | The business of manufacturing explosives and pyrotechnic products. |
| (2) | Notwithstanding paragraph (1), none of the following facilities shall be deemed a harmful or dangerous facility: <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23545, Jan. 26, 2012> |
| 1. | Atomic energy equipment; |
| 2. | Military installations; |
| 3. | Facilities for storing and using heating fuel that a business owner intends to use in the place of business; |
| 4. | Wholesale and retail facilities; |
| 5. | Transportation equipment, such as vehicles; |
| 8. | Other equipment announced by the Minister of Employment and Labor where the degree of the damage due to its leakage, fire, explosion, etc., is not deemed serious. |
| (3) | "An accident specified by Presidential Decree" in Article 49-2 (1) of the Act means any of the following accidents: <Newly Inserted by Presidential Decree No. 23545, Jan. 26, 2012> |
| 1. | A leakage, fire, or explosion that occurs in a facility specified in paragraph (1) (excluding facilities specified in paragraph (2); the same shall apply hereafter in subparagraph 2) to probably kill or injure workers; |
| 2. | A leakage, fire, or explosion that occurs in a facility specified in paragraph (1) to inflict bodily injuries upon residents in the neighborhood. |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 33-7 (Details of Process Safety Reports) |
Any process safety report referred to in Article 49-2 of the Act shall include the following matters: <Amended by Presidential Decree No. 22269, Jul. 12, 2010> | 1. | Process safety information; |
| 2. | Process safety evaluation report; |
| 3. | Safety operation plan; |
| 4. | Emergency control plan; |
| 5. | Other matters deemed necessary and announced by the Minister of Employment and Labor in connection with process safety. |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 33-8 (Submission of Process Safety Reports) |
| (1) | Where a business owner establishes (including cases where the manufactured, handled, or stored substances of a existing equipment change or the manufactured, handled, or stored quantity increases to a level equivalent to the prescribed quantity of harmful or dangerous substances under attached Table 10) or moves harmful and dangerous equipment under Article 33-6 or alters its major structural part determined by the Minister of Employment and Labor, he/she shall prepare a process safety report referred to in Article 49-2 (1) of the Act and submit it to the Minister of Employment and Labor, as determined by Ordinance of the Ministry of Employment and Labor. In such cases, if the content of the Off-site Consequences Analysis on chemical accidents caused by toxic chemicals submitted by an owner of a place of business pursuant to Article 23 of the Chemicals Control Act (hereinafter referred to as "off-site consequences analysis") or Risk Management Plan under Article 41 of the same Act (hereinafter referred to as "risk management plan") amounts to the matters to be included in the process safety report referred to in Article 33-7, such matters may be substituted by copies of the off-site consequences analysis or risk management plan. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 25251, Mar. 12, 2014; Presidential Decree No. 26093, Feb. 10, 2015> |
| (2) | Where a process safety report to be submitted under paragraph (1) relates to the unit process equipment which uses high pressure gas referred to in Article 2 of the High-Pressure Gas Safety Control Act, and the relevant business owner prepares safety control regulations under Article 11 of the same Act and a safety improvement plan under Article 13-2 of the same Act and submits them to the permission-granting agency accompanied by a written opinion jointly reviewed and prepared by the Agency and the Korea Gas Safety Corporation under Article 28 of the same Act, he/she shall be deemed to have submitted a process safety report on the unit process equipment. |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 33-9 (Exemption from Submission of Harm or Danger Prevention Plan) |
Where a business owner submits a process safety report referred to in Article 49-2 of the Act, he/she shall be deemed to have submitted a plan for prevention of harm and danger referred to in Article 48 of the Act with respect to harmful or dangerous equipment. [This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 33-10 (Those subject to Request for Sanctions) |
"Accidents prescribed by Presidential Decree, such as death of multiple workers or serious damage to areas adjacent to a place of business" in Article 51-2 (1) 1 of the Act means any of the following cases: | 1. | An accident causing the death of at least two workers at the same time; |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 33-11 (Duties of Instructors) |
| (1) | "Matters determined by Presidential Decree" in Article 52-2 (1) 4 of the Act means the following: <Amended by Presidential Decree No. 25251, Mar. 12, 2014> |
| 2. | Instruction on the assessment of danger under 41-2 of the Act; |
| 3. | Consultation and advice on matters relating to occupational safety. |
| (2) | "Matters determined by Presidential Decree" in Article 52-2 (2) 6 of the Act means the following matters: <Amended by Presidential Decree No. 25251, Mar. 12, 2014> |
| 2. | Instruction on the assessment of danger under 41-2 of the Act; |
| 3. | Consultation and advice on matters concerning occupational health. |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 33-12 (Categories, etc., of Instructors by Service Field) |
| (1) | The service fields of occupational safety instructors referred to in Article 52-2 (3) of the Act shall be classified into the fields of machinery safety, electric safety, chemical engineering safety, and construction safety, and the service fields of occupational health instructors shall be classified into occupational and environment medicine and industrial hygiene. <Amended by Presidential Decree No. 23545, Jan. 26, 2012; Presidential Decree No. 25251, Mar. 12, 2014> |
| (2) | Occupational safety instructors and occupational hygiene instructors (hereinafter referred to as "instructors") may provide services restricted to the field of service under paragraph (1), and the service scope within the relevant field shall be listed in attached Table 11. <Amended by Presidential Decree No. 25251, Mar. 12, 2014> |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 33-13 (Institution to Conduct Examination) |
| (2) | Where the Minister of Employment and Labor requires the Human Resources Development Service of Korea to conduct an examination for instructors, on his/her behalf, pursuant to Article 52-3 (3) of the Act, the Minister of Employment and Labor may, if necessary, have the said Development Service organize and operate an examination committee. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (3) | Matters necessary for the composition and operation of examination committees shall be determined by the Minister of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 33-14 (Conducting Examinations, etc.) |
| (1) | Examinations for instructors referred to in Article 52-3 (1) of the Act shall be classified into a written examination and an oral examination and conducted separately. |
| (2) | Written examinations in the examinations for instructors shall be conducted after classifying it into the first and second tests. The first written test shall be a multiple-choice one and the second written test shall be an essay in principle, and a subjective short-answer form may be added to both. |
| (3) | In the examinations for instructors, the subjects and scope of the first written test shall be the compulsory common subjects I, II, and III as shown in attached Table 12, and the subjects and scope of the second written test shall be the compulsory major subjects and scope as shown in attached Table 12. <Amended by Presidential Decree No. 23545, Jan. 26, 2012> |
| (4) | The second written test in the examinations for instructors shall be conducted only for those who have passed the first written test. |
| (5) | The oral examination in the examinations for instructors shall be conducted only for successful applicants in the written examination, or those exempt from the written examination, and shall evaluate the following matters: <Amended by Presidential Decree No. 23545, Jan. 26, 2012> |
| 1. | Expert knowledge and practical ability; |
| 2. | How much he/she understands and awares the industrial safety and health system; |
| 3. | Ability for counseling and instructing. |
| (6) | The public announcement and application procedures of the examination for instructors, and other matters necessary for the examination shall be determined by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 33-15 (Partial Exemption from Examination) |
| (1) | Qualification for partial exemption from the examination for instructors under Article 52-3 (2) of the Act and the extent of exemption from the examination under paragraph (5) of the same Article shall be as follows: |
| 1. | Professional engineers in construction safety, professional engineers in machine safety, professional engineers in industrial hygiene management, professional engineers in ergonomics, professional engineers in electric safety, and professional engineers in chemical safety under the National Technical Qualifications Act: the compulsory major subject, the compulsory common subject I, and the compulsory common subject II under attached Table 12; |
| 2. | Persons holding the qualification for professional engineer in the job field “construction” (limited to two intermediate job fields, "building" and "civil engineering"), the job field “machine”, the job field “chemistry”, and the job field “electricity and electronics” (limited to one intermediate job field "building") under the National Technical Qualifications Act: the compulsory major subject under attached Table 12; |
| 3. | Doctors specialized in occupational and environmental medicine under the Medical Services Act: the compulsory major subject, the compulsory common subject I and the compulsory common subject II under attached Table 12; |
| 4. | Persons holding a doctor’s degree in engineering (limited to majors in the fields of construction safety. machine safety, electric safety and chemical safety), medicine (limited to the major in occupational and environmental medicine), or health science (limited to the major in the field of occupational health): the compulsory major subject under attached Table 12; |
| 5. | Persons falling under subparagraph 2 or 4 who have at least three years of experience working in occupational safety or health affairs after obtaining the relevant qualification or academic degree: the compulsory major subject and the compulsory common subject II under attached Table 12; |
| (2) | The scope of examination exempted pursuant to paragraph (1) shall be limited to the written examination on the relevant field. |
[This Article Wholly Amended by Presidential Decree No. 25251, Mar. 12, 2014]
| Article 33-16 (Decision on Successful Applicants) |
| (1) | A person who gains not less than 40 points out of 100 per subject and not less than an average of 60 points in the written examination shall be a successful applicant. |
| (2) | The oral examination shall evaluate the following matters listed in each subparagraph of Article 33-14 (5), and any person who gains 6 points out of 10 shall be a successful applicant. |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 33-17 (Measures against Cheaters in Examination) |
Where an applicant cheats in the examination for instructors, his/her examination paper shall be declared null and void and his/her qualification to take the examination in question has been suspended for five years from the date of the examination.
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 33-18 (Insurance, etc., for Compensation for Damages) |
| (1) | Any instructor (referring to a corporation where the corporation is established pursuant to Article 52-4 (2) of the Act; hereafter the same shall apply in this Article) who has registered with the Ministry of Employment and Labor pursuant to Article 52-4 (1) of the Act shall buy a guarantee insurance policy to ensure liability for damages pursuant to Article 52-7 (2) of the Act. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (2) | The amount of benefit from the guarantee insurance referred to in paragraph (1) shall be not less than 20 million won (or the amount calculated by multiplying 20 million won by the number of instructors who are employed by a corporation as referred to in Article 52-4 (2) of the Act). |
| (3) | Where any instructor compensates for damages with the benefit from the guarantee insurance stipulated in paragraph (1), he/she shall buy another guarantee insurance policy within ten days from the date of compensation. |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 34 (Persons Exempted from Training Education) |
The phrase “persons prescribed by Presidential Decree" refers to the persons who have at least five years of practical experience in the field of occupational safety or occupational health.
[This Article Newly Inserted by Presidential Decree No. 25251, Mar. 12, 2014]
| Article 35 (Grounds for Revocation, etc., of Registration of Instructors) |
The phrase “cases prescribed by Presidential Decree” in subparagraph 5 of Article 52-15 of the Act refers to any of the following cases: | 1. | Cases where any serious accident occurs by intention or negligence of the person concerned in the course of performing the duties under Article 52-2 of the Act; |
| 4. | Cases of drawing up any false document related to the duties. |
[This Article Newly Inserted by Presidential Decree No. 25251, Mar. 12, 2014]
| Articles 36 through 45 Deleted. <by Presidential Decree No. 18043, Jun. 30, 2003> |
| Article 45-2 (Those, etc., to be Entrusted as Honorary Inspectors) |
| (1) | The Minister of Employment and Labor may entrust honorary occupational safety inspectors (hereinafter referred to as "honorary inspectors") from among the following persons pursuant to Article 61-2 (1) of the Act: <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| 1. | Those who are recommended by the representative of workers, upon considering the business owner's opinion, from among the workers of business which needs to organize an industrial safety and health committee or a labor-management council; |
| 3. | Those who are recommended by an organization or its umbrella organization from among executives and employees belonging to the employers association on a national scale or its umbrella organization; |
| 4. | Those who are recommended by an organization or its umbrella organization from among executives and employees belonging to the organization which carries out business related to industrial accident prevention. |
| (2) | The services of honorary inspectors shall be as follows. In such cases, the scope of services of honorary inspectors commissioned pursuant to para- graph (1) 1 shall be restricted to the services (excluding cases prescribed in subparagraph 8) in the relevant place of business, and that of services of honorary inspectors commissioned pursuant to paragraph (1) 2 through 4 shall be restricted to the services listed in subparagraphs 8 through 10: <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| 1. | Participation in a self-inspection conducted in the place of business and participation in the supervision of the place of business conducted by a labor inspector; |
| 2. | Participation in the establishment of an industrial accident prevention plan in the place of business and presence at the self-inspection of machinery and tools conducted in the place of business; |
| 3. | Request for corrective measures to the relevant business owner and report to the supervisory organ in cases of a violation of Acts and subordinate statutes; |
| 4. | Request the business owner to suspend working when an industrial accident seems imminent; |
| 5. | Presence in the inspection of working environment and a medical checkup of workers and attendance at the meetings to explain the results; |
| 6. | Request the business owner to conduct a provisional medical checkup if there are multiple workers showing symptoms of occupation-related diseases or having fallen ill; |
| 7. | Guidance for workers on observation of safety rules; |
| 8. | Recommendation for the improvement of Acts and subordinate statutes and industrial accident prevention policies; |
| 9. | Participation in activities for raising awareness of safety and health, and in accident-free campaigns, etc., with providing assistance; |
| 10. | Other services determined by the Minister of Employment and Labor in connection with industrial accident prevention services, such as public relations and education on industrial accident prevention. |
| (3) | The term of office of an honorary inspector shall be two years, and he/she may be reappointed. |
| (4) | The Minister of Employment and Labor may pay allowances, etc., to honorary inspectors to assist their activities. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (5) | Necessary matters for the commission, management, etc., of honorary inspectors shall be prescribed by the Minister of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 45-3 (Decommissioning Honorary Inspectors) |
The Minister of Employment and Labor may decommission any honorary inspector in any of the following cases: <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
| 1. | Where the representative of workers requests the decommissioning of an honorary inspector commissioned pursuant to Article 45-2 (1) 1, following the business owner's opinions; |
| 2. | Where any honorary inspector commissioned pursuant to Article 45-2 (1) 2 through 4 retires or is decommissioned from the relevant organization or its umbrella organization; |
| 3. | Where any honorary inspector commits an unjust act in connection with his/her duties; |
| 4. | Where it has become impractical for any honorary inspector to discharge his/her duties due to a disease or injury. |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 45-4 (Assistance for Industrial Accident Prevention Projects) |
"Projects designated by Presidential Decree" in the former part of Article 62 (1) of the Act means the projects related to any of the following businesses: <Amended by Presidential Decree No. 22061, Feb. 24, 2010; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22496, Nov. 18, 2010; Presidential Decree No. 25251, Mar. 12, 2014> | 1. | The business of manufacturing, purchasing, repairing, testing and researching protective devices, protective outfits and safety facilities, which are intended to prevent industrial accidents, and facilities and equipment, which are intended to improve working environment, and conducting public relations and furnishing information thereof, etc.; |
| 2. | The business of providing technical assistance in health and safety management of places of business; |
| 3. | The business of conducting education related to occupational safety, and health and nurturing experts therein; |
| 4. | The business of conducting research and developing technology to prevent industrial accidents; |
| 5. | The business of supporting safety inspections; |
| 6. | The business of supporting working environment measurement or medical checkup; |
| 7. | The business of purchasing facilities and equipment deemed necessary for the epidemiological survey and research on the root causes of occupation-related diseases, or the prevention of occupation-related diseases; |
| 8. | The business of raising health and safety awareness and for promoting accident-free campaigns; |
| 9. | The business of purchasing facilities, equipment, etc., necessary for the assessment of capabilities of a designated measurement institution to measure and analyze working environment pursuant to Article 42 (8) of the Act and for the assessment of capabilities of institutions charged with conducting health examination to checkup and analyze health pursuant to Article 43 (9) of the Act; |
| 10. | The business of assisting the training of human resources and academic activities in the field of industrial medicine; |
| 11. | The business related to exposure standards of harmful factors, and risk evaluation and assessment or danger evaluation and assessment on them; |
| 11-2. | The business of supporting the operation of facilities for the maintenance and promotion of workers under subparagraph 3 of Article 61 of the Act; |
| 12. | Other businesses of preventing industrial accidents, which are determined by the Minister of Employment and Labor after going through deliberation by the Deliberative Committee. |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 45-5 Deleted. <by Presidential Decree No. 15598, Dec. 31, 1997> |
| Article 46 (Delegation of Administrative Authority) |
| (1) | Pursuant to Article 65 (1) of the Act, the Minister of Employment and Labor shall delegate his/her authority over the following affairs to the head of each regional employment and labor office and the head of each employment and labor branch office: <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23545, Jan. 26, 2012; Presidential Decree No. 25251, Mar. 12, 2014; Presidential Decree No. 26985, Feb. 17, 2016; Presidential Decree No. 27559, Oct. 27, 2016> |
| 2. | An order to select and appoint more than the fixed number of safety officers under Article 15 (3) of the Act, health officers under Article 16 (3) of the Act, or persons in charge of safety and health management under Article 16-3 (3) or an order to replace and appoint safety officers, health officers or persons in charge of safety and health management; |
| 3. | Authorization on a contract for harmful or dangerous works under Article 28 (1) of the Act and revocation of such authorization under paragraph (4) of the same Article; |
| 5. | An order under Article 34-3 (1) of the Act to revoke the relevant safety certification and to prohibit the use of safety certificates or to improve to meet safety certification standards; |
| 6. | An order under Article 34-4 (2) of the Act to collect or destroy machinery, tools, etc., subject to obligatory safety certification; |
| 8. | An order under Article 35-3 (1) of the Act to discontinue using voluntary safety verification certificate or to improve to meet voluntary safety standards; |
| 10. | Deleted; <by Presidential Decree No. 27559, Oct. 27, 2016> |
| 11. | An order to revoke of approval for self-inspection programs or to conduct an inspection according to approved self-inspection programs under Article 36-2 (4) of the Act; |
| 13. | An approval for manufacture, import or use of materials of which manufacture etc., is prohibited under Article 37 (2) of the Act; |
| 14. | A permission for manufacture and use of harmful materials and for modification thereto under Article 38 (1) of the Act, an order under paragraph (4) of the same Article to repair or remodel equipment, and an order under paragraph (5) of the same Article to revoke permission for manufacture, etc. of harmful materials and to suspend business operation; |
| 15. | Deleted; <by Presidential Decree No. 27559, Oct. 27, 2016> |
| 16. | An order to conduct a general asbestos inspection or an asbestos inspection by a designated institute pursuant to Article 38-2 (4) of the Act or an order to suspend operations until the results of performance in compliance with such order are reported; |
| 17. | A registration of asbestos dismantlers or removers under Article 38-4 (1) of the Act, or a revocation of registration and an order under paragraph (6) of the same Article to suspend business operation; |
| 21. | An order under Article 41 (8) of the Act to submit data about safety and health in handing a substance or an order to modify instructions on how to handle data on safety and health in handing a substance; |
| 23. | Designation of measurement institutions under Article 42 (4) of the Act, or an order to revoke such designation or to suspend business under paragraph (10) of the same Article; |
| 24. | Deleted; <by Presidential Decree No. 25251, Mar. 12, 2014> |
| 25. | Designation of institutions charged with conducting the health examination under Article 43 (1) of the Act, and revocation of such designation or an order to suspend business under paragraph (11) of the same Article; |
| 26. | Orders issued to conduct provisional health examinations, etc. under Article 43 (2) of the Act, and receipt of reports on results of health examinations under paragraph (4) of the same Article; |
| 27. | Designation of training institutions to train those holding qualifications or licenses or for workers to acquire skill under Article 47 (2) of the Act, and revocation of such designation and an order for suspension of business under paragraph (4) of the same Article; |
| 28. | An order to suspend work or construction and to amend a plan for preventing harmfulness and danger under Article 48 (4) of the Act; |
| 33. | An order to take measures necessary to replace, discontinue the use of, or remove any construction or annex, machinery, tools, equipment or raw materials, or to improve facilities under Article 51 (6) of the Act; |
| 36. | Receipt and handling of reports on violations of Acts and subordinate statutes under Article 52 of the Act; |
| 42. | Receipt of confirmation request and confirmation under Article 30-3 (3); |
| 44. | Other supervisory measures with regard to the exercise of authority falling under subparagraphs 1 through 43 above. |
| (2) | The Minister of Employment and Labor shall delegate the following authority to the head of a regional employment and labor office: <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 25251, Mar. 12, 2014; Presidential Decree No. 27559, Oct. 27, 2016> |
| 2. | Tasks concerning imposition and collection of penalty surcharges on specialized safety management institutions under Article 15-3 of the Act; |
| 3. | Designation of specialized safety management institutions (excluding specialized safety management institutions by industry or harmful factor), revocation of such designation and an order for suspension of business under Article 16 (3) of the Act; |
| 4. | Tasks concerning imposition and collection of penalty surcharges on specialized safety management institutions under Article 16 (3) of the Act; |
| 5. | Designation of specialized institutions for accident prevention, revocation of such designation and an order for suspension of business under Article 30-2 (1) and (3) of the Act; |
| 6. | Tasks concerning imposition and collection of penalty surcharges on specialized institutions for accident prevention under Article 30-2 (3) of the Act; |
| 7. | Designation of health and safety inspection institutions under Article 49 (1) of the Act, revocation of such designation and an order for suspension of business under paragraph (4) of the same Article; |
| 9. | Acceptance of written applications under Articles 15-3, 19-3 (excluding written applications for designation of specialized safety management institutions by industry or harmful factor), 26-9 and 33-4; |
| 10. | Supervisory measures with regard to the exercise of authority falling under subparagraphs 1 through 9 above. |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 47 (Entrustment of Business Affairs) |
| (1) | Pursuant to Article 65 (2) of the Act, the Minister of Employment and Labor shall entrust the Agency with the business affairs specified in Article 65 (2) 2, 3-2, 4-2, 9, 9-2, 10-2, 11, 11-2, 11-3, 12, 13-2, 13-3, 14-2, 15 through 18, 18-2 through 18-4, and 19 of the Act. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23545, Jan. 26, 2012; Presidential Decree No. 25251, Mar. 12, 2014> |
| (2) | Pursuant to Article 65 (2) of the Act, the Minister of Employment and Labor shall entrust the business affairs specified in Article 65 (2) 1, 3, 4, 5 through 8, 10, 13, and 14 of the Act, to the Agency or a nonprofit corporation or a specialized institution, designated and publicly announced by the Minster of Employment and Labor or registered with the Minster of Employment and Labor, from among nonprofit corporations and specialized institutions specified in the following subparagraphs, which meet prerequisites for human resources, facilities, and equipment to perform the entrusted business affairs: <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23545, Jan. 26, 2012; Presidential Decree No. 25251, Mar. 12, 2014> |
| 1. | Corporations that meet all the following prerequisites: Provided, That the prerequisite under item (b) shall not apply where the business affairs specified in Article 65 (2) 4 of the Act are entrusted: |
| (a) | Nonprofit corporations; |
| (b) | The purpose of incorporation shall be to promote occupational safety and health or to prevent industrial accidents; |
| 3. | Public institutions under the Act on the Management of Public Institutions established to perform the business of certification and inspection of machinery, tools, equipment, etc., research and development of manufacturing technology, etc., education, assessment, etc; |
| (3) | Where the Minister of Employment and Labor entrusts business affairs to the Agency, non-profit corporations and professional agencies concerned under paragraph (2), he/she shall publish matters concerning the names of entrusted institutions and entrusted business affairs in the Official Gazette or post them on the website. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
"Person as prescribed by Presidential Decree" in Article 66 (1) 13 of the Act means a person who intends to undergo education pursuant to subparagraphs 8 and 9 of attached Table 4, and subparagraph 7 of attached Table 6. [This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]
| Article 47-3 (Processing of Sensitive Information and Personally Identifiable Information) |
The Minister of Employment and Labor (including those persons to whom any authority of the said Minister is delegated or any affair thereof is entrusted pursuant to Article 65 of the Act) and labor inspectors may, if inevitable for performing the following matters, process any information on health under Article 23 of the Personal Information Protection Act, information equivalent to criminal background data under subparagraph 2 of Article 18 of the Enforcement Decree of the same Act, and data containing resident registration numbers or foreigner registration numbers under subparagraph 1 or 4 of Article 19 of the same Decree: | 1. | Affairs which are requested to cooperate on by the Minister of Employment and Labor pursuant to Article 9 of the Act, and which have relation to the processing of data concerning industrial accidents or health examinations; |
[This Article Newly Inserted by Presidential Decree No. 24684, Aug. 6, 2013]
| Article 47-4 (Re-Examination of Regulation) |
| (1) | The Minister of Employment and Labor shall examine the appropriateness of the following matters every three years, counting from each base date specified in the following (referring to the day before every third anniversary from the base date) and shall take measures, such as making improvements: <Amended by Presidential Decree No. 25840, Dec. 9, 2014; Presidential Decree No. 26985, Feb. 17, 2016; Presidential Decree No. 27559, Oct. 27, 2016> |
| 1. | Scope of the enterprises under Article 2-2 (1) and subparagraph 3 of attached Table 1: January 1, 2016; |
| 1-2. | Businesses required to appoint persons in charge of safety and health management under Article 19-4: January 1, 2019; |
| 2. | Grounds for revocation, etc. of designation of educational institutions under Article 33, the purpose of which is to foster persons holding qualifications or licenses, or for employees to acquire skills: January 1, 2014. |
| (2) | The Minister of Employment and Labor shall examine the appropriateness of the following matters every three years, counting from each base date specified in the following (referring to the day before every third anniversary from the base date) and shall take measures, such as making improvements: <Newly Inserted by Presidential Decree No. 25840, Dec. 9, 2014; Presidential Decree No. 27751, Dec. 30, 2016> |
| 1. | Projects requiring designation of persons in general charge of safety and health under Article 23: January 1, 2017; |
| 2. | Disposal of undecided matters, etc., under Article 25-5: January 1, 2017; |
| 3. | Requirements for designation of designated measurement institutions under Article 32-4: January 1, 2017; |
| 4. | Deleted; <by Presidential Decree No. 27751, Dec. 30, 2016> |
| 5. | Grounds for revoking designation of measurement institutions, etc., under Article 32-6: January 1, 2017. |
[This Article Newly Inserted by Presidential Decree No. 25050, Dec. 30, 2013]
| Article 48 (Guidelines for Imposition of Administrative Fines) |
[This Article Wholly Amended by Presidential Decree No. 22824, Apr. 4, 2011]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That Articles 26, 28 (1) 8 and 29 (2) shall enter into force on January 1, 1992. Article 2 Omitted.
Article 3 (Transitional Measures concerning Safety Officer in Office)
| (1) | A person who has been employed, as at the time this Decree enters into force, as a safety officer under the former provisions and who does not fully meet the qualifications for a safety officer under this Decree shall be deemed a safety officer assigned under this Decree until December 31, 1991. |
| (2) | A person who is reported as a safety officer under the previous provisions as at the time this Decree enters into force shall be deemed a safety officer reported in accordance with Article 12 (3) of this Decree. |
Article 4 (Transitional Measures concerning Health Officer in Office)
A person who is reported as a full-time health officer under the former provisions as at the time this Decree enters into force shall be deemed a full-time health officer reported in accordance with Article 16 (3) of this Decree.
Article 5 (Transitional Measures concerning Person in Charge of Health in Office)
| (1) | A person who has been employed as at the time this Decree enters into force as a health officer in charge of industrial sanitary management under the former provisions and who does not fully meet the qualifications for a health officer under this Decree shall be deemed a health officer assigned under this Decree until December 31, 1991. |
| (2) | A person who has been employed as at the time this Decree enters into force as a health officer in charge of health management under the former provisions shall be deemed a health officer assigned under this Decree until he/she is newly assigned according to the qualification standards of this Decree. |
Article 6 (Transitional Measures concerning Reduction of Working Hours in Harmful or Dangerous Works)
In applying Article 46 of the Act and Article 33 of this Decree, until measures to ensure safety and health of works are completely taken as set forth in Articles 23 and 24 of the Act, such provisions above mentioned shall not deteriorate the previous working conditions in relation to payment of wages including working hours and allowances for works, among those prescribed in Article 33 (3) of this Decree, for which working hours are restricted to six hours a day under the Article 43 of the former Labor Standards Act and Article 26 of the Decree of the same Act, or for which over time wages are paid for working hours beyond six hours a day under the Article 46 of the Labor Standards Act, or for which allowances in relation to harmful or dangerous works are paid. Article 7 (Application of Provisions on Implementation of Education of Safety Officer for Limited Period)
Education by institutes designated by the Minister of Labor as prescribed in subparagraph 7 and 8 of attached Table 4 shall be carried out until December 31, 1998. <Amended by Presidential Decree No. 14010, Nov. 20, 1993; Presidential Decree No. 14787, Oct. 19, 1995>
ADDENDA <Presidential Decree No. 13282, Feb. 1, 1991>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 13563, Dec. 31, 1991>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 13870, Mar. 6, 1993>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 14010, Nov. 20, 1993>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amendment provisions of subparagraphs 10 and 11 of Article 46 and Article 47 (1) 7-2 and 8 shall enter into force on July 1, 1994 ; the amendment provisions of Article 28 (1) 10 and 11, on July 1, 1995. |
| (2) | (Transitional Measures concerning Assignment of Safety Officer and Health Officer) A business owner who is required to assign new or additional safety officers or health officers under the amendment provisions of the Table 3 or 5 shall assign them by December 31, 1994. |
| (3) | (Transitional Measures concerning Modification of Entrustment Criteria for Health Management Business) A business owner who entrusts the business of a health officer under the former provisions as at the time this Decree enters into force and who is newly required to assign a health officer pursuant to the amendment provisions of Article 19 (1) shall assign him/her until December 31, 1994. |
ADDENDA <Presidential Decree No. 14438, Dec. 23, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 14446, Dec. 23, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 14447, Dec. 23, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 14450, Dec. 23, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 14787, Oct. 19, 1995>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation : Provided, That the amendment provisions of Articles 33-5 through 33-8 shall enter into force on January 1, 1996; the amendment provisions of Article 17 (1) 3, and Articles 32-2 and 33-11 through 33-15, on July 1, 1996; the amendment provisions of Articles 33-9, 33-10 and 33-16, on January 1, 1997. Article 2 (Transitional Measures concerning Existing Harmful and Dangerous Equipment)
| (1) | Any business owner of a place of business who possesses the harmful and dangerous equipment under the amended provisions of Article 33-5 as at the time this Decree enters into force shall prepare a process safety on the equipment equivalent to a fourth of the total equipment for four years annually starting from 1996 and submit it to the Minister of Labor by September 30 each year. |
| (2) | Deleted. <by Presidential Decree No. 16947, Aug. 5, 2000> |
Article 3 (Transitional Measures concerning Health Management Agencies, etc.)
Any person who has been designated as a health agency, designated measurement institution, or construction accident prevention specialized institution under the former provisions as at the time this Decree enters into force shall be deemed to have been designated as a health agency, designated measurement institution or construction accident prevention institution under this Decree, respectively.
ADDENDA <Presidential Decree No. 15372, May 16, 1997>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 12 of attached Table 4 shall enter into force on July 1, 1997, the amended provisions of subparagraph 1 of Article 26-3 shall enter into force on January 1, 1999 and the amended provisions of Article 29 (1) 2 and subparagraph 7 of Article 30 shall enter into force on January 1, 2000. Article 2 (Transitional Measures concerning Qualifications for Health Officers)
Any person who has been in office as a health officer under the former provisions and who falls short of the qualification standards under the amended provisions of subparagraphs 5 and 6 of attached Table 6 as at the time this Decree enters into force shall be deemed a health officer under this Decree only during his/her tenure of office at the place of business concerned.
Article 3 (Transitional Measures concerning Composition of Industrial Safety and Health Committee)
Any place of business which has composed and operated an Industrial Safety and Health Committee under the previous provisions and which falls short of the amended provisions of Article 25-2 at the time of entry into force of this Act shall compose Industrial Safety and Health Committee to conform to the amended provisions of the same Article by July 31, 1997. Article 4 (Transitional Measures concerning Construction Accident Prevention Specialized Institution)
| (1) | Any construction accident prevention institution, designated educational institution, educational institution for acquisition of workers' skills, or safety and health diagnosis institution designated under the previous provisions at the time of entry into force of this Decree shall be deemed to have been designated as a specialized institution for accident prevention, designated educational institution, educational institution for acquisition of workers' skills, or safety and health diagnosis institution under this Decree. In this case, the head of the competent administrative agency shall receive delivery of a written designation within 2 months after the entry into force of this Decree. |
| (2) | Where any branch office of a construction accident prevention specialized institution, etc., as referred to in paragraph (1) makes an application for delivery of a written designation within 2 months after the entry into force of this Decree to continue to carry out the business concerned, the head of the competent administrative agency shall deliver a written designation to the branch office concerned on condition that it shall be equipped with manpower, facilities and equipment within the time limit as determined by Ordinance of the Ministry of Labor. |
Article 5 (Transitional Measures concerning Application of Standards for Administrative Dispositions)
The application of the standards for administrative standards for offenses committed prior to the entry into force of this Decree shall be governed by the previous provisions.
ADDENDA <Presidential Decree No. 15389, Jun. 11, 1997>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 15598, Dec. 31, 1997>
This Decree shall enter into force on January 1, 1998.
ADDENDA <Presidential Decree No. 16115, Feb. 8, 1999>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
ADDENDA <Presidential Decree No. 16326, May 24, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 16388, Jun. 8, 1999>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 25-3 shall enter into force on the date falling under the elapse of one year after this Decree is promulgated.
ADDENDA <Presidential Decree No. 16947, Aug. 5, 2000>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 10 (1) 5-2, 11 (1) and 12 (2) of the Act shall enter into force on January 1, 2001 and the amended provisions of subparagraph 7 of attached Table 1 (limited to matters relating to the application of Article 42 of the Act and Article 43 (1) through (3) and (6) of the Act) shall enter into force on January 1, 2002.
Article 2 (Applicability to Standards for Appointing Safety Managers of Construction Business)
The amended provisions of Article 12 (2) shall apply starting with any construction work which starts after January 1, 2001. Article 3 (Applicability to Survey of Harmfulness of New Chemical Substances)
The provisions of Article 40 of the Act with respect to the survey of the harmfulness of new chemical substances which are subject to the new application of the amended provisions of subparagraphs 1 and 2 of attached Table 1 shall apply starting with any new chemical substances the business subject to the application of the same subparagraphs of the same Table intends to manufacture or import after this Decree enters into force.
Article 4 (Applicability to Prohibition on Harmful Work Contract)
The provisions of Article 28 of the Act with respect to authorization for the harmful work contract which is subject to the new application of amended provisions of subparagraphs 1, 2 and 4 through 6 of attached Table 1 shall apply starting with the work for which the business subject to the application of the same subparagraphs of the same Table intends to grant a contract or a subcontract after this Decree enters into force.
Article 5 (Applicability to Preparation and Keeping of Substance Safety and Health Data)
The provisions of Article 41 of the Act with respect to the preparation and keeping of the substance safety and health data which is subject to the new application of subparagraphs 1, 2 and 7 of attached Table 1 shall apply starting with chemical substances or chemical substances containing pharmaceutical preparations which the business subject to the application of the same subparagraphs of the same Table intends to manufacture, import, use, transport or store after this Decree enters into force.
Article 6 (Transitional Measures concerning Submission of Process Safety Report)
Any person who is in possession of facilities and equipment which are not storage facilities and equipment of heating fuel from among storage facilities and equipment under the previous provisions of Article 33-5 (2) 3 as at the time this Decree enters into force shall prepare a process safety report on the facilities and equipment concerned and file such report with the Minister of Labor within 6 months after this Decree enters into force. Article 7 (Transitional Measures concerning License for Manufacturing and Using Harmful Substances)
Any business subject to the application of subparagraph 1 of attached Table 1, where it manufactures and uses harmful substances as at the time this Decree enters into force, which require such business to obtain a license to do so under Article 38 (1) of the Act, shall obtain a license for manufacturing and using such harmful substances within 6 months after this Decree enters into force.
Article 8 (Transitional Measures concerning Obligation to Take Safety and Health Measures)
Any business which is subject to the application of subparagraph 7 of attached Table 1 shall, where such business fails to take measures for safety and health in accordance with Articles 23 and 24 of the Act as at the time this Decree enters into force, take necessary measures for safety and health within six months after this Decree enters into force.
Article 9 (Transitional Measures concerning Employment Limits by Qualifications, etc.)
Any business subject to the application of subparagraph 7 of attached Table 1 shall, where such business requires any persons other than persons who have qualifications, licenses, experiences or skills necessary to perform the work under Article 47 of the Act to perform such work as at the time this Decree enters into force, require persons who have qualifications, licenses, experiences and skills necessary to perform such work within six months after this Decree enters into force.
Article 10 (Transitional Measures concerning Machinery, etc. Requiring Measures to Prevent Harms and Dangers)
Any person, from among persons who lease machinery and apparatuses, etc. to other persons or get such machinery and apparatuses, etc. leased from other persons under the amended provisions of subparagraphs 20 through 23 of attached Table 8 as at the time this Decree enters into force, shall, where he/she intends to continue to lease such machinery andapparatuses, etc. or get them leased after the enforcement of this Decree, take measures necessary to prevent harms and dangers prescribed by Ordinance of the Ministry of Labor in accordance with Article 33 (2) of the Act within three months after this Decree enters into force.
ADDENDA <Presidential Decree No. 17115, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 17137, Feb. 24, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 18043, Jun. 30, 2003>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2003.
Article 2 (Applicability to Places of Business Subject to Publication)
The amended provisions of Article 8-3 shall apply, starting with any place of business where an industrial disaster occurs after the enforcement of this Decree. Article 3 (Applicability to Prohibition on Contract)
The amended provisions of Article 26 (1) 3 shall apply, starting with the work of disassembling and removing substances, which is required to obtain permission in accordance with the amended provisions of Article 38 and is first performed under a contract (including any subcontract) after the enforcement of this Decree. Article 4 (Applicability to Disassembly and Removal of Harmful Substances Subject to Permission)
The amended provisions of Article 30 (2) shall apply, starting with the work, which is first performed to disassemble and remove harmful substances, after the enforcement of this Decree. Article 5 (Transitional Measures concerning Prohibition on Manufacture of Harmful Substances, etc.)
| (1) | Any person who manufactures, imports, transfers, provides or uses harmful substances, which are prohibited from being manufactured, imported, transferred, provided or used in accordance with the amended provisions of Article 29 (1) 2, 3, 5, and 8 at the time of enforcement of this Decree, may manufacture, import, transfer, provide or use such harmful substances within the term of 6 months after the enforcement of this Decree. |
| (2) | Any person who manufactures, imports and uses harmful substances subject to the prohibition provided for in paragraph (1) for the purpose of experiment and research shall obtain approval for manufacturing, importing and using such harmful substances within the term of 3 months after the enforcement of this Decree. |
Article 6 (Transitional Measures concerning Harmful Substances Subject to Permission)
Any person who manufactures or uses harmful substances provided for in Article 38 (1), which is required to obtain permission in accordance with the amended provisions of Article 30 (1) 3, 7 through 12 and 15 at the time of enforcement of this Decree, shall obtain permission for manufacturing or using such harmful substances within the term of 6 months after the enforcement of this Decree.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18343, Mar. 29, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 30, 2004.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 18609, Dec. 28, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on January, 1, 2005: Provided, That the amended provisions of Article 33-9 shall enter into force on January 1, 2006. Article 2 (Applicability to Expansion of Those Subject to Request for Sanctions, etc.)
The amended provisions of subparagraph 1 of Article 33-9 shall apply, starting with a case where the relevant industrial disaster occurs after the enforcement of this Decree. Article 3 (Transitional Measures concerning Manufacture, etc. of Prohibited Harmful Materials)
| (1) | Anyone who is manufacturing, importing, transferring, providing or using prohibited harmful materials provided for in the amended provisions of Article 29 (1) 2 at the time of enforcement of this Decree may manufacture, import, transfer, provide or use such prohibited harmful materials for up to 6 months after the enforcement of this Decree. |
| (2) | Anyone who manufactures, imports and uses prohibited harmful materials referred to in paragraph (1) for the purpose of experiment and research shall obtain approval for manufacturing, importing or using the prohibited harmful materials from the Minister of Labor within 3 months after the enforcement of this Decree. |
ADDENDA <Presidential Decree No. 19203, Dec. 28, 2005>
| (1) | (Enforcement Date) This Decree shall enter into force on January 1, 2006. (Proviso Omitted.) |
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 19691, Sep. 22, 2006>
| (1) | (Enforcement Date) This Decree shall enter into force on September 25, 2006: Provided, That the amended provisions of Article 25-2 (4) and (5) shall enter into force on the enforcement date for each scale of place of business listed in paragraph (2) of the Addenda. |
| (2) | (Provisions concerning Enforcement Date of Industrial Safety and Health Act) The enforcement date of the amended provisions of Article 19 (1) of the Act pursuant to the proviso to paragraph (1) of the Addenda of the partially amended Industrial Safety and Health Act (Act No. 7920) shall be as listed in the following subparagraphs: |
| 1. | A place of business employing 500 full-time workers or more: October 1, 2006; |
| 2. | A place of business employing not less than 300 but less than 500 full-time workers: September 1, 2007; |
| 3. | A place of business employing not less than 200 but less than 300 full-time workers: September 1, 2008; |
| 4. | A place of business employing not less than 100 (as for harmful and dangerous business pursuant to subparagraph 2 of Article 25, 50 full-time workers or more) but less than 200 full-time workers: September 1, 2009. |
| (3) | (Transitional Measures concerning Fines for Negligence) The application of a fine for negligence to the violations committed before this Decree enters into force shall be governed by the former provisions. |
ADDENDA <Presidential Decree No. 19804, Dec. 29, 2006>
| (1) | (Enforcement Decree) This Decree shall enter into force on July 1, 2007. |
| (2) | (Applicability to Estimation of Number of Safety Supervisors) The amended provisions of attached Table 3 shall be applied, starting with the first construction work that begins after this Decree enters into force. |
ADDENDA <Presidential Decree No. 20483, Dec. 28, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2008: Provided, That the amended provisions of attached Tables 2, 9-2, 10 and 11 shall enter into force on July 1, 2008.
Article 2 (Transitional Measures on Fines for Negligence)
The former provisions shall apply to fines for negligence regarding violations committed prior to this Decree entering into force.
ADDENDA <Presidential Decree No. 20681, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 20973, Aug. 21, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2009.
Article 2 (Applicability to Submission of Harm and Danger Prevention Plans)
The amended provisions of Article 33-2 shall apply to installation or relocation of constructions, machinery, tools, equipment, etc. related to the relevant business or construction work to change major parts thereof one month after this Decree enters into force.
ADDENDA <Presidential Decree No. 21263, Jan. 14, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 21653, Jul. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 7, 2009.
Article 2 (Applicability concerning Methods of Appointing Safety Officers)
The amended provisions in the remarks section of attached Table 3 shall apply beginning with the first construction contract after this Decree enters into force.
Article 3 (Special Cases concerning Asbestos Inspection Services of Designated Measurement Institution)
Where a designated measurement institution under Article 32-4 has the human resources, facilities, and equipment (where asbestos analysis is delegated to other institutions, relevant analysis equipments are excluded) prescribed in the amended provisions of Article 30-4, it may perform asbestos inspection services under Article 38-2 of the Act for six months from the date this Decree enters into force, notwithstanding the amended provisions of Article 30-4. Article 4 (Transitional Measures for Place of Business subject to Publication)
The amended provisions of Article 8-4 shall also apply to deaths and accidents occurred before this Decree enters into force. Article 5 (Transitional Measures for Designated Educational Institution)
A designated educational institution designated under the former provisions as at the time this Decree enters into force shall be deemed a professional agency delegated with safety and healthy education under the amended provisions of Article 26-10 for three years from the date this Decree enters into force.
ADDENDA <Presidential Decree No. 22061, Feb. 24, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 10, 2010.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22269, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22496, Nov. 18, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of attached Table 13 shall enter into force from the date on which six month lapse after the promulgation of this Decree.
Article 2 (Transitional Measures concerning Fines for Negligence
| (1) | The application of standards for imposing a fine for negligence to a violation committed before this Decree enters into force shall be governed by the former provisions, notwithstanding the amended provisions of attached Table 13. |
| (2) | No disposition to impose a fine for negligence taken due to a violation committed before this Decree enters into force shall be counted in the number of violation pursuant to the amended provisions of attached Table 13. |
ADDENDA <Presidential Decree No. 22824, Apr. 4, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 19, 2011.
Article 2 (Transitional Measure concerning Fines for Negligence)
Notwithstanding the amended provisions of attached Table 13, an offense committed before this Decree enters into force shall be governed by the previous provisions in applying the guidelines for the imposition of fines for negligence to such offense.
ADDENDA <Presidential Decree No. 23248, Oct. 25, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 26, 2011.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 23545, Jan. 26, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 26, 2012.
Article 2 (Provisions regarding Enforcement Date of the Occupational Safety and Health Act) Pursuant to the proviso to Article 1 of the Addenda to the partial amendment (Act No. 10968) to the Occupational Safety and Health Act, the amended provisions of Articles 31 (2), 31-2, and 65 (2) 3-2 of the Act and the amended provisions of Article 32-2, 32-3, 51 (1), and 72 (4) 3 of the Act (limited to the part relevant to the amended provisions of Article 31-2 of the Act) shall enter into force on the date specified for each category in the following subparagraphs: | 1. | For a construction site for a project where the construction cost is not less than 100 billion won: June 1, 2012; |
| 2. | For a construction site for a project where the construction cost is not less than 50 billion won but less than 100 million won: December 1, 2012; |
| 3. | For a construction site for a project where the construction cost is not less than 12 billion won but less than 50 million won: June 1, 2013; |
| 4. | For a construction site for a project where the construction cost is not less than 2 billion won but less than 12 million won: December 1, 2013; |
| 5. | For a construction site for a project where the construction cost is not less than 300 million won but less than 2 billion won: June 1, 2014; |
| 6. | For a construction site for a project where the construction cost is less than 300 million won: December 1, 2014. |
Article 3 (Applicability to Submission of Plans for Prevention of Harms and Dangers)
The amended provisions of subparagraphs 3 through 10 of Article 33-2 shall apply where buildings, machinery, tools, or facilities are established or relocated in connection with a business specified in relevant amended provisions, or where a person commences works for altering a major structure of buildings, machinery, tools, or facilities, on or after July 1, 2012. Article 4 (Applicability to Penalty Surcharges)
The amended provisions of attached Table 4-2 shall apply where a ground for suspending business operation arises, on or after the date this Decree enters into force.
Article 5 (Transitional Measure concerning Obligatory Safety Certification, Voluntary Safety Confirmation, and Protective Measures for Prevention of Harms and Dangers)
The amended provisions of Articles 28 (1) and 28-5 (1) and attached Table 7 shall apply to machinery, tools, etc. manufactured or imported on or after March 1, 2013. Article 6 (Transitional Measure concerning Revocation of Designation of Asbestos Inspection Institutions)
If it is intended to revoke the designation of an asbestos inspection institution on a ground that arose before this Decree enters into force, such cases shall be governed by the previous provisions, notwithstanding the amended provisions of Article 30-6. Article 7 (Transitional Measure concerning Fines for Negligence)
An offense committed before this Decree enters into force shall be governed by the previous provisions in imposing a fine for negligence for such offense, notwithstanding the amended provisions of attached Table 13.
ADDENDA <Presidential Decree No. 23845, Jun. 7, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 8, 2012.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 24684, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2014: Provided, That the amended provisions of Articles 3-2 and 47-3 shall enter into force on the promulgation date of this Decree, and amended provisions of subparagraph 40 of attached Table 5 shall enter into force on January 1, 2015. Article 2 (Applicability to Appointment of Person in Charge of Health Management in Construction Business)
The amended provisions of subparagraph 40 of attached Table 5 shall apply to construction works which are commenced on and after January 1, 2015.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25251, Mar. 12, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 13, 2014: Provided, That the amended provisions shall enter into force six months after the date of its promulgation, and the attached Table 10 shall enter into force on the date referred to in the following:
| 1. | Places of business in which at least five full-time workers are employed: six months after the promulgation date of this Decree; |
| 2. | Places of business in which fewer than five full-time workers are employed: one year and six months after the promulgation date of this Decree. |
Article 2 (Applicability to Partial Exemption of Examination for Instructors)
The amended provisions of Article 33-15 shall apply to examinations publicly announced when and after this Decree enters into force. Article 3 (Applicability to Subjects and Scope of Examination for Instructors)
The amended provisions of attached Table 12 shall apply to examinations publicly announced when and after this Decree enters into force.
Article 4 (Transitional Measures concerning Standards for Facilities and Equipments of Educational Institutions for Basic Safety and Health in Construction Business)
An entity who is registered as educational institution for basic safety and health in construction business at the time when this Decree enters into force and falls short of the standards for facilities and equipments under the amended provisions of subparagraph 3 (b) of attached Table 6-4 shall conform with the amended provisions of the said Table within three months after this Decree enters into force.
Article 5 (Transitional Measure concerning Administrative Fines)
An offense committed before this Decree enters into force shall, notwithstanding the amended provisions of attached Table 13, be governed by the previous provisions in imposing an administrative fine for such offense.
Article 6 Omitted.
ADDENDA <Presidential Decree No. 25836, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDUM <Presidential Decree No. 26093, Feb. 10, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 26858, Jan. 6, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 7, 2016.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 26985, Feb. 17, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 28-6 (1) 3 and 13, subparagraph 10 of Article 31, subparagraph 3 (d) and (e) of attached Table 1, and subparagraph 41 of attached Table 3 shall enter into force six months after the date of its promulgation. Article 2 (Applicability concerning Scale of Business Required to Appoint Safety Officers)
The amended provisions of subparagraph 41 of attached Table 3 shall apply beginning with the first construction which is started after the enforcement date referred to in the proviso to Article 1 of Addenda.
Article 3 (Transitional Measures concerning Standards for Imposition of Administrative Fines)
Notwithstanding the amended provisions of subparagraph 4 (h-3) and (i-3) of attached Table 13, the previous provisions shall prevail when applying standards for imposition of administrative fines to violations committed before this Decree enters into force.
ADDENDA <Presidential Decree No. 27559, Oct. 27, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 28, 2016: Provided, That the amended provisions of Articles 10, 19-4 through 19-6 shall enter into force on the dates referred to in the following subparagraphs, and the amended provisions of Article 28-6 (1) 14 and 15 shall enter into force one year after the date of its promulgation: | 1. | Place of business to which at least 30 but less than 50 full-time employees are assigned: September 1, 2018; |
| 2. | Place of business to which at least 20 but less than 30 full-time employees are assigned: September 1, 2019. |
Article 2 (Applicability concerning Places of Business Subject to Publication)
The amended provisions of Article 8-4 (1) 1 and (2) shall apply beginning with the first publication which is made after January 1, 2017. Article 3 (Special Cases Concerning Registration of Institutions Which Intend to Be Entrusted with Safety and Health Education)
| (1) | Where a specialized institution referred to in each subparagraph of previous Article 26-10 intends to make registration of an institution entrusted with safety and health education at the time when this Decree enters into force, it may, notwithstanding the amended provisions of Article 26-10 (1) and attached Table 6-3, make registration after meeting standards for personnel, facilities and equipment under previous attached Table 6-3 within one month from the enforcement date of this Decree. |
| (2) | An institution entrusted with safety and health education which makes registration pursuant to paragraph (1) shall be meet standards for personnel, facilities and equipment under the amended provisions of attached Table 6-3 within three months from the date of registration. |
Article 4 (Transitional Measures concerning Standards for Personnel, Facilities and Equipment to Be Met by Institutions Which Intend to Be Entrusted with On-the-job Training)
The institutions which are registered with the Minister of Employment and Labor pursuant Article 32 (3) of the Act at the time when this Decree enters into force shall meet standards for personnel, facilities and equipment under the amended provisions of attached Table 6-5 within three months from the enforcement date of this Decree.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 27767, Jan. 6, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 7, 2017.
Articles 2 through 5 Omitted.