OCCUPATIONAL SAFETY AND HEALTH ACT
Wholly Amended by Act No. 4220, Jan. 13, 1990
Amended by Act No. 4622, Dec. 27, 1993
Act No. 4826, Dec. 22, 1994
Act No. 4916, Jan. 5, 1995
Act No. 5248, Dec. 31, 1996
Act No. 5247, Dec. 31, 1996
Act No. 5454, Dec. 13, 1997
Act No. 5453, Dec. 13, 1997
Act No. 5886, Feb. 8, 1999
Act No. 6104, Jan. 7, 2000
Act No. 6315, Dec. 29, 2000
Act No. 6590, Dec. 31, 2001
Act No. 6847, Dec. 30, 2002
Act No. 7467, Mar. 31, 2005
Act No. 7428, Mar. 31, 2005
Act No. 7920, Mar. 24, 2006
Act No. 8373, Apr. 11, 2007
Act No. 8372, Apr. 11, 2007
Act No. 8475, May 17, 2007
Act No. 8486, May 25, 2007
Act No. 8562, Jul. 27, 2007
Act No. 8694, Dec. 14, 2007
Act No. 9319, Dec. 31, 2008
Act No. 9434, Feb. 6, 2009
Act No. 9796, Oct. 9, 2009
Act No. 9847, Dec. 29, 2009
Act No. 10305, May 20, 2010
Act No. 10339, jun. 4, 2010
Act No. 10968, Jul. 25, 2011
Act No. 11794, May 22, 2013
Act No. 11862, jun. 4, 2013
Act No. 11882, jun. 12, 2013
Act No. 13906, Jan. 27, 2016
Act No. 14788, Apr. 18, 2017
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to maintain and promote the safety and health of employees by preventing industrial accidents by establishing standards on industrial safety and health and clarifying where the responsibility lies, and by creating a comfortable working environment.
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
The terms used in this Act shall be defined as follows: <Amended by Act No. 10339, Jun. 4, 2010>
| 1. | The term "industrial accidents" refers to the death, injury, or disease of employees caused by structures, equipment, raw materials, gas, vapor, powder, dust, etc., related to their duties, or by their work or other duties; |
| 3. | The term "business owner" refers to a person who operates a business by employing employees; |
| 4. | The term "representative of employees" refers to a person that is a labor union organized by more than half of employees, or that is an individual representing more than half of employees where there is no labor union organized by more than half of employees; |
| 5. | The term "working environment measurement" refers to collecting, analyzing, and evaluating samples conducted after a business owner formulates a measurement plan for the relevant employees or the place of business in order to ascertain the actual conditions of its working environment; |
| 6. | The term "safety and health checkup" refers to an investigation and evaluation conducted by a person designated by the Minister of Employment and Labor for preventing industrial accidents by discovering latent hazards and establishing countermeasures for their improvement; |
| 7. | The term "serious accidents" refers to industrial accidents of a serious degree, such as where death results, and which are prescribed by Ordinance of the Ministry of Employment and Labor. |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 3 (Scope of Application) |
| (1) | This Act shall apply to all businesses or places of business (hereinafter referred to as "business"): Provided, That business prescribed by Presidential Decree may be wholly or partially from application of this Act, based upon the degree of harm and danger, kinds and scale of business, seat of business, etc. |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 4 (Duties of Government) |
| (1) | In order to accomplish the purpose under Article 1, the Government shall conscientiously fulfill the following responsibilities: <Amended by Act No. 11882, Jun. 12, 2013> |
| 1. | Establishing, executing, coordinating, and controlling occupational health and safety policies; |
| 2. | Supporting and guiding on accident prevention in places of business; |
| 3. | Evaluating and improving the safety of harmful or dangerous machinery, apparatus, equipment, protective devices, protective clothing, etc.; |
| 4. | Preparing criteria for safety and health measures and guiding on and supervising harmful or dangerous machinery, apparatus, equipment, materials, etc.; |
| 5. | Supporting establishment of a voluntary safety and health management system in business; |
| 6. | Promoting safety culture, including public relations, education, and accident-free campaigns to raise awareness about safety and health; |
| 7. | Researching and developing technology and installation and operating facilities for safety and health; |
| 8. | Maintaining and managing investigations and statistics on industrial accidents; |
| 9. | Supporting, guiding on, and supervising organizations related to safety and health; |
| 10. | Protecting and improving safety and health of employees. |
| (2) | The Government shall formulate policies to effectively perform matters referred to in each subparagraph of paragraph (1), and if deemed necessary therefor, it may provide administrative and financial support to the Korea Occupational Safety and Health Agency (hereinafter referred to as the "Agency") under the Korea Occupational Safety and Health Agency Act and to other related organizations and research institutions. |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 5 (Duties of Business Owners, etc.) |
| (1) | A business owner shall maintain and promote safety and health of employees and follow the State’s preventive policies against industrial accidents, by complying with the following matters: <Amended by Act No. 11882, Jun. 12, 2013> |
| 1. | Complying with standards to prevent industrial accidents prescribed by this Act and any order issued pursuant to this Act; |
| 2. | Creating comfortable working environment and improving working conditions so as to diminish physical fatigue, mental stress, etc. of employees; |
| 3. | Providing employees with the information on safety and health in the place of business concerned. |
| (2) | Where any of the following persons engages in design, manufacturing, importation, or construction, he/she shall observe the standards prescribed by this Act and orders issued under this Act, and take necessary measures to prevent industrial accidents caused by using such articles: <Amended by Act No. 11882, Jun. 12, 2013> |
| 1. | Any person who designs, manufactures, or imports machinery, apparatuses, and other equipment; |
| 2. | Any person who manufactures or imports raw materials, etc.; |
| 3. | Any person who designs or constructs any structure. |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 6 (Duties of Employees) |
Employees shall comply with rules necessary to prevent industrial accidents, such as the standards, etc., determined by this Act and orders issued pursuant to this Act; and shall comply with measures to prevent industrial accidents taken by relevant persons, including business owners, labor inspectors, and the Agency. <Amended by Act No. 11882, Jun. 12, 2013>
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 7 Deleted. <by Act No. 9796, Oct. 9, 2009> |
| Article 8 (Establishment and Publication of Industrial Accident Prevention Plans) |
| (1) | The Minister of Employment and Labor shall establish a mid-term and long-term basic plan to prevent industrial accidents. <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) | The Minister of Employment and Labor shall publish an industrial accident prevention plan established under paragraph (1), following deliberation by the Industrial Accident Compensation Insurance Deliberative Committee under Article 8 (1) of the Industrial Accident Compensation Insurance Act. This shall also apply where he/she intends to amend such plan. <Amended by Act No. 9796, Oct. 9, 2009; Act No. 10339, Jun. 4, 2010> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 9 (Requests, etc. for Cooperation) |
| (1) | Where it is deemed necessary to effectively execute the industrial accident prevention plan established under Article 8, the Minister of Employment and Labor may request necessary cooperation from the head of the relevant administrative agency or the head of a public institution under Article 4 of the Act on the Management of Public Institutions. <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) | Where the head of an administrative agency (excluding the Ministry of Employment and Labor; hereafter in this Article the same shall apply) intends to regulate safety and health in a place of business, he/she shall pre-consult with the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| (3) | Where the Minister of Employment and Labor requests any amendment to the regulations in consultating referred to in paragraph (2), the head of the administrative agency shall comply with such request, and if necessary, the Minister of Employment and Labor may decide the consulted and coordinated matters after reporting them to the Prime Minster. <Amended by Act No. 10339, Jun. 4, 2010> |
| (4) | Where it is deemed necessary to prevent industrial accidents, the Minister of Employment and Labor may recommend necessary matters to, or request cooperation from, business owners, business owners' organization, and other persons concerned. <Amended by Act No. 10339, Jun. 4, 2010> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 9-2 (Publication of Number, etc. of Industrial Accident Occurrences at Place of Business) |
| (1) | The Minister of Employment and Labor may publish the number of industrial accident occurrences, the frequency of accidents or the order thereof, etc. (hereinafter “the number, etc. of industrial accident occurrences”) at every place of business prescribed by Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 14788, Apr. 18, 2017> |
| (2) | Where employees employed by the contractee of any of the places of business prescribed by Presidential Decree and employees employed by the contractor (including a subcontractor; hereinafter the same shall apply) work at the same place, the Minister of Employment and Labor shall publish, pursuant to paragraph (1), the number, etc. of industrial accident occurrences by the contractee, etc., by including the number of industrial accident occurrences by the contractor. <Newly Inserted by Act No. 14788, Apr. 18, 2017> |
| (3) | The Minister of Employment and Labor may request a contractee to submit materials concerning his/her/its contractors in order to publish the number, etc. of industrial accident occurrences pursuant to paragraph (2). In such cases, the contractee so requested shall comply with such request, except in extenuating circumstances. <Newly Inserted by Act No. 14788, Apr. 18, 2017> |
| (4) | Matters necessary for procedures, methods, etc. for publication referred to in paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 14788, Apr. 18, 2017> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 10 (Prohibition on Concealing Occurrences of Industrial Accidents, and Reporting, etc. thereof) |
| (1) | Where an industrial accident occurs at any place of business, the business owner shall not conceal such occurrence and shall keep record of the cause, etc. of such industrial accident and preserve that record as prescribed by Ordinance of Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 14788, Apr. 18, 2017> |
| (2) | A business owner shall report to the Minister of Employment and Labor the summary, cause and timing of report of industrial accidents, and a plan to prevent recurrence of industrial accidents prescribed by Ordinance of Ministry of Employment and Labor, from among industrial accidents recorded under paragraph (1), as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10305, May 20, 2010; Act No. 10339, Jun. 4, 2010; Act No. 11882, Jun. 12, 2013> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 10-2 Deleted. <by Act No. 9434, Feb. 6, 2009> |
| Article 11 (Posting, etc. of Purport of Statutes) |
| (1) | A business owner shall keep their employees informed of the essential provisions of this Act and of the orders issued pursuant to this Act by posting or keeping them at all times at a place readily viewable to employees. <Amended by Act No. 11882, Jun. 12, 2013> |
| (2) | The representative of employees may request the business owner to notify him/her of the details or results of the following matters, and the business owner shall conscientiously comply with such request: <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011> |
| 1. | Matters determined by the Occupational Health and Safety Committee (referring to the labor-management council where the labor-management council is organized and operated pursuant to Article 29-2) under Article 19 (2); |
| 2. | Matters prescribed in each subparagraph of Article 20 (1); |
| 3. | Matters prescribed in each subparagraph of Article 29 (2); |
| 5. | Matters concerning measuring working environment pursuant to Article 42 (1); |
| 6. | Other matters concerning safety and health prescribed by Ordinance of the Ministry of Employment and Labor. |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 12 (Attachment, etc. of Safety and Health Signs) |
A business owner shall install or attach safety and health signs, as prescribed by Ordinance of the Ministry of Employment and Labor, for warning about harmful or dangerous facilities and places in the place of business, guiding measures in an emergency, and raising safety awareness. In such cases, business owners who have employed foreign employees under Article 2 of the Act on the Employment, etc. of Foreign Workers shall endeavor to attach safety and health signs and work safety rules written in foreign languages, as prescribed by the Minster of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> [This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
CHAPTER II SAFETY AND HEALTH MANAGEMENT SYSTEM
| Article 13 (Persons in Charge of Safety and Health Management) |
| (1) | A business owner shall assign a person to be in charge of safety and health management (hereinafter referred to as "person in charge of management") for generally managing the following matters: <Amended by Act No. 10339, Jun. 4, 2010; Act No. 11882, Jun. 12, 2013> |
| 1. | Formulating an industrial accident prevention plan; |
| 2. | Preparing and modifying the safety and health management regulations under Article 20; |
| 3. | Providing safety and health education to employees under Article 31; |
| 4. | Inspecting and improving working environments under Article 42, such as measuring working environment; |
| 5. | Managing health under Article 43, such as medical examinations of employees; |
| 6. | Investigating causes of industrial accidents and formulating measures to prevent recurrence thereof; |
| 7. | Recording and maintaining statistics on industrial accidents; |
| 8. | Determining whether the safety devices and protective clothing related to safety and health meet product standards at the time of purchase; |
| 9. | Such other matters for preventing harm and danger to employees as prescribed by Ordinance of the Ministry of Employment and Labor. |
| (2) | Persons in charge of management shall direct and control safety officers under Article 15 and health officers under Article 16. |
| (3) | The kinds and scales of the business to which persons in charge of management are to be assigned, the qualification for persons in charge of management, and other necessary matters shall be prescribed by Presidential Decree. <Amended by Act No. 11882, Jun. 12, 2013> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| (1) | A business owner shall require a supervisor in the place of business (referring to the head of a division charged with directing and supervising production-related works and employees or any person taking such position in a management structure; hereinafter the same shall apply) to perform the duties of checking safety and health, etc. prescribed by Presidential Decree: Provided, That with respect to any work prescribed by Presidential Decree requiring special measures for preventing danger, a business owner shall require the supervisor to perform additional duties concerning safety and health prescribed by Presidential Decree, such as providing his/her employees with special education. |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 15 (Safety Officers, etc.) |
| (1) | A business owner shall assign a safety officer to the place of business to assist him/her or a person charged with managing the technical matters concerning safety which fall under any of the subparagraphs of Article 13 (1), as well as to advise and instruct on such matters to the supervisor. <Amended by Act No. 11882, Jun. 12, 2013> |
| (2) | The kinds and scales of business to which safety officers are to be assigned, the number, qualifications, tasks, powers and appointment method of such safety officers, and other necessary matters shall be prescribed by Presidential Decree. <Amended by Act No. 11882, Jun. 12, 2013> |
| (3) | Where necessary for the prevention of industrial accidents, the Minister of Employment and Labor may issue an order to appoint more than the fixed number of safety officers, or reappoint safety officers. <Amended by Act No. 10339, Jun. 4, 2010> |
| (4) | The owner of a business corresponding to the kind and scale prescribed by Presidential Decree may entrust the duties of a safety officer to such an institution specialized in performing safety management business (hereinafter referred to as "specialized safety management institution"), as designated by the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 11882, Jun. 12, 2013> |
| (5) | The Minister of Employment and Labor may evaluate specialized safety management institutions and publish the results of such evaluation. In such cases, matters necessary for standards and methods for evaluation, and for publishing results of evaluation, shall be prescribed by Ordinance of Ministry of Employment and Labor. <Newly Inserted by Act No. 14788, Apr. 18, 2017> |
| (6) | Requirements and procedures for designating specialized safety management institutions shall be prescribed by Presidential Decree; and standards for conducting business affairs by specialized safety management institutions, districts where specialized safety management institutions may perform any entrusted affairs, and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 11882, Jun. 12, 2013; Act No. 14788, Apr. 18, 2017> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 15-2 (Revocation, etc. of Designation) |
| (1) | If a specialized safety management institution falls under any of the following, the Minister of Employment and Labor may revoke its designation or order it to suspend its business for a specified period not exceeding six months: Provided, That if it falls under subparagraph 1 or 2, its designation shall be revoked: <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011; Act No. 11882, Jun. 12, 2013> |
| 1. | Where it is designated by deceit or other wrongful means; |
| 2. | Where it continues business during a business suspension period; |
| 3. | Where it fails to meet any of the requirements for designation; |
| 4. | Where it performs any of its business violating any of the terms and conditions of designation; |
| 5. | Where any other ground specified by Presidential Decree exists. |
| (2) | No person whose designation is revoked under paragraph (1) shall be designated as a specialized safety management institution within two years after such revocation. <Amended by Act No. 11882, Jun. 12, 2013> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 15-3 (Penalty Surcharges) |
| (1) | Where the Minister of Employment and Labor orders a safety management agency to suspend its business operations pursuant to Article 15-2, but recognizes that so suspending business operations is likely to severely inconvenience users or harm public interests, the Minister of Employment and Labor may impose a penalty surcharge not exceeding 100 million won in lieu of the disposition to suspend business operations. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011> |
| (2) | Where a person who received a disposition to impose a penalty surcharge referred to in paragraph (1), fails to pay it by the payment deadline, the penalty surcharge shall be collected in the same manner as dispositions of national taxes in arrears. |
| (3) | Standards for imposing penalty surcharges referred to in paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 16 (Health Officers, etc.) |
| (1) | A business owner shall assign a health officer to his/her place of business to assist him/her or the person charged with managing technical matters concerning the health which fall under any subparagraph of Article 13 (1) as well as to advise and instruct on such matters to the supervisor. <Amended by Act No. 11882, Jun. 12, 2013> |
| (2) | The kind and scale of business to which health officers are to be assigned, the number, qualifications, tasks, powers, method of appointing health officers, and other necessary matters, shall be prescribed by Presidential Decree. <Amended by Act No. 11882, Jun. 12, 2013> |
| (3) | Articles 15 (3) through (6), 15-2 and 15-3 shall apply mutatis mutandis to health officers. In such cases, “safety officer,” “safety management,” and “specialized safety management institution” shall be construed as “health officer,” “health management,” and “specialized health management institution,” respectively. <Amended by Act No. 11882, Jun. 12, 2013; Act No. 14788, Apr. 18, 2017> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 16-2 (Guidance, Advice, etc. of Safety Officers) |
Where a safety officer under Article 15 or a health officer under Article 16 proposes technical measures concerning safety and health prescribed in each subparagraph of Article 13 (1) to a business owner or a person in charge of management, or instructs and advises on such matters to a supervisor, the relevant business owner, person in charge of management, and supervisor shall take pertinent measures corresponding thereto. [This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 16-3 (Persons in Charge of Safety and Health Management) |
| (1) | A business owner (excluding a business owner required to have a safety officer under Article 15 and health officer under Article 16) shall assign a person in charge of safety and health management to his/her place of business, who assists the business owner in safety and health affairs and advises and guides the managerial supervisor. |
| (2) | Categories and scale of the businesses required to assign persons in charge of safety and health management, the number, qualification, duties, power and appointment method of persons in charge of safety and health management, and other necessary matters, shall be prescribed by Presidential Decree. |
| (3) | Articles 15 (3), (4) and (6), 15-2 and 15-3 shall apply mutatis mutandis to increasing and replacing, and entrusting business affairs to, persons charged with safety and health management. In such cases, “safety officer” shall be construed as “person in charge of safety and health,” “safety management” as “safety and health management”; and “specialized safety management institution” as “specialized safety management institution or specialized health management institution,” respectively. <Amended by Act No. 14788, Apr. 18, 2017> |
[This Article Newly Inserted by Act No. 13906, Jan. 27, 2016]
| Article 17 (Occupational Health Doctors) |
| (1) | A business owner shall assign an occupational health doctor to the place of business for instructing health management of employees and other duties of health officers: Provided, That this shall not apply where a medical doctor is assigned as a health officer. |
| (2) | The kind and scale of business to which an occupational health doctor is to be assigned, the qualifications, duties, powers, and method of appointing such occupational health doctor, and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 18 (Persons in General Charge of Health and Safety) |
| (1) | The owner of any business which is performed in the same place and is specified by Presidential Decree among business falling under any of the following subparagraphs, shall designate the person charged with managing the project as a person generally charged with health and safety for generally managing preventing industrial accidents which may occur when employees employed by the business owner and those employed by his/her contractor, work in the same place. In such cases, the owner of the business, which is exempt from assigning the person to take charge of management, shall designate a person who exercises general control over the project in the place of business, as the person generally charged with health and safety: <Amended by Act No. 10968, Jul. 25, 2011; Act No. 11882, Jun. 12, 2013; Act No. 14788, Apr. 18, 2017> |
| 1. | A project partially entrusted under a contract; |
| 2. | A project of specialized works entirely outsourced under contract. |
| (3) | The duties and authority of a person in general charge of health and safety and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 18-2 (Safety and Health Coordinator) |
| (1) | A project owner under subparagraph 10 of Article 2 of the Framework Act on the Construction Industry who awards contracts for the following works, awards contracts for the following works together with other construction works, or awards contracts for any of the following works together with other construction work shall, where such relevant works are performed at the same place, appoint a safety and health coordinator at the construction site to prevent any industrial accident likely to occur due to the mixture of such works: |
| (2) | The scale of the construction works for which a safety and health coordinator shall be appointed, the qualification and duties of, and method of appointing, a safety and health coordinator, and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 14788, Apr. 18, 2017]
| Article 19 (Occupational Health and Safety Committee) |
| (1) | In order to deliberate or resolve on important matters concerning occupational health and safety, a business owner shall establish and operate an occupational health and safety committee comprised equally of employees and employers. |
| (2) | A business owner shall require an occupational health and safety committee to deliberate and resolve on the following matters: |
| 1. | Matters concerning Article 13 (1) 1 through 5 and 7; |
| 2. | Matters concerning serious industrial accidents prescribed in Article 13 (1) 6; |
| 3. | Matters concerning measures to ensure health and safety where harmful and dangerous machinery, apparatuses, and other equipment are used. |
| (3) | Meetings of an occupational health and safety committee shall be held, as prescribed by Presidential Decree, and meeting outcomes shall be recorded and kept in the minutes. |
| (4) | Where necessary for maintenance and improvement of health and safety of employees in the place of business, an occupational health and safety committee may determine necessary matters concerning safety and health in the place of business. |
| (5) | Business owners and employees shall faithfully fulfill the matters as deliberated on, decided, or determined by an occupational health and safety committee under paragraphs (2) and (4). |
| (6) | No deliberation, decision, or determination by an occupational health and safety committee under paragraphs (2) and (4) shall breach this Act nor any order issued under this Act, the collective agreement, employment rules, and health and safety management regulations under Article 20. |
| (7) | No business owner shall treat any member of an occupational health and safety committee unfavorably due to his/her lawful activities as a member. |
| (8) | The kind and scale of the business for which an occupational health and safety committee is to be established, and matters necessary to establish and operate occupational health and safety committees and for dealing with cases where no decision is reached, shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
CHAPTER III HEALTH AND SAFETY MANAGEMENT REGULATIONS
| Article 20 (Preparation, etc. of Health and Safety Management Regulations) |
| (1) | In order to maintain health and safety in the place of business, a business owner shall formulate health and safety management regulations which include the following matters, post or keep them in the place of business, and notify his/her employees thereof: |
| 1. | Matters concerning the safety and health management organization and its functions; |
| 2. | Matters concerning health and safety education; |
| 3. | Matters concerning safety management in the place of business; |
| 4. | Matters concerning health management in the place of business; |
| 5. | Matters concerning accident investigation and formulating accident prevention plans; |
| 6. | Other matters concerning health and safety. |
| (2) | No health and safety management regulations referred to in paragraph (1) may be contrary to the collective agreement and employment rules which are applicable to the relevant place of business. Where any provision of the health and safety management regulations is contrary to the collective agreement or employment rules, such part shall be subject to the standards of the collective agreement or employment rules. |
| (3) | The kind and scale of business for which health and safety management regulations must be established and necessary matters concerning detailed contents to be included in health and safety management regulations shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 21 (Procedures for Preparation and Modification of Health and Safety Management Regulations) |
Where a business owner prepares or modifies health and safety management regulations under Article 20, he/she shall undergo deliberation and resolution by the occupational health and safety committee as prescribed in Article 19: Provided, That for a place of business where no occupational health and safety committee is established, he/she shall obtain consent from the representative of his/her employees. [This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 22 (Observance, etc. of Health and Safety Management Regulations) |
| (1) | Business owners and employees shall observe health and safety management regulations. |
| (2) | Except as provided for in this Act, the provisions of the Labor Standards Act concerning employment rules shall apply mutatis mutandis to health and safety management regulations, unless inconsistent therewith. |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
CHAPTER IV MEASURES FOR PREVENTING HARM AND HAZARDS
| Article 23 (Safety Measures) |
| (1) | A business owner shall take measures necessary to prevent the following hazards in operating their business: |
| 1. | Hazards caused by machines, apparatuses, or other equipment; |
| 2. | Hazards caused by explosives, combustible, or inflammable substances; |
| 3. | Hazards caused by electricity, heat, or other energy. |
| (2) | A business owner shall take measures necessary to prevent hazards caused by inappropriate work methods in excavating, quarrying, stevedoring, timbering, transporting, operating, dismantling, handling heavy objects, and other work. |
| (3) | A business owner shall take measures necessary to prevent hazards in places where employees might fall at work, where sand, structures, etc. might collapse, where material objects might fall on or fly at people, and where other hazards may be anticipated in the course of performing work due to natural disasters. |
| (4) | Safety measures to be taken by a business owner under paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 24 (Health Measures) |
| (1) | A business owner shall take measures necessary for the prevention of the following health problems while operating their business: |
| 1. | Health disorders caused by raw materials, gases, vapors, powder, dust, fumes, mist, oxygen deficiency, pathogens, etc.; |
| 2. | Health disorders caused by radiation, harmful rays, high temperatures, low temperatures, ultrasonic waves, noises, vibrations, abnormal atmospheric pressure, etc.; |
| 3. | Health disorders caused by gases, liquid, remnants, etc. discharged from the place of business; |
| 4. | Health disorders caused by monitoring gauges, operating computer terminals, precision work, etc.; |
| 5. | Health disorders caused by simple repetitive tasks or tasks requiring excessive physical labor; |
| 6. | Health disorders caused by failure to maintain proper standards of ventilation, lighting, illumination, thermal insulation, dampproofing, cleanliness, etc. |
| (2) | Measures for health to be taken by a business owner under paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 25 (Matters to be Observed by Employees) |
A employee shall comply with such measures taken by a business owner pursuant to Articles 23, 24, and 38-3, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 11882, Jun. 12, 2013> [This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 26 (Suspension, etc. of Work) |
| (1) | Where imminent danger of an industrial accident exists, or a serious accident has occurred, a business owner shall take necessary health and safety measures, such as immediately suspending operations and evaluating employees from the place of business, after which work may resume. |
| (2) | Where any employee suspends work and evacuates due to any urgent risk of an industrial accident, he/she shall promptly report it immediately to the superior officer, who shall take appropriate measures to address the situation. |
| (3) | Where reasonable grounds exist to believe that any imminent danger of an industrial accident exists, a business owner shall not dismiss or otherwise disadvantage employees by reason of their suspending work and evacuating pursuant to paragraph (2). |
| (4) | Where a serious accident occurs, the Minister of Employment and Labor may conduct an investigation on the cause of such accident in order to ascertain the cause of accident or to formulate prevention policies, and may require labor inspectors and experts to analyze safety and health and take other necessary measures, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| (5) | No person shall obstruct any investigation into the cause of an accident conducted under paragraph (4) by obstructing the place where a serious accident has occurred. |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 27 (Technical Guidelines and Standards of Working Environment) |
| (1) | The Minister of Employment and Labor may formulate technical guidelines and standards for working environments regarding the following measures, and instruct and recommend them to a business owner: <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011; Act No. 11882, Jun. 12, 2013> |
| 1. | Measures that a business owner shall take pursuant to Articles 23, 24, and 26; |
| 2. | Measures a person specified in any subparagraph of Article 5 (2) shall take to prevent industrial accidents pursuant to Article 5 (2). |
| (2) | Where deemed necessary for determining guidelines and standards referred to in paragraph (1), the Minister of Employment and Labor may organize and operate standard formulation committees in the respective fields. <Amended by Act No. 10339, Jun. 4, 2010> |
| (3) | Organizing and operating standard formulation committees and other necessary matters shall be prescribed by the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 28 (Prohibition of Contracts for Harmful Work) |
| (1) | No contract (including subcontract) shall be separately executed for the portion of works harmful or dangerous to health and safety and prescribed by Presidential Decree, without obtaining authorization from the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) | The standards for the health and safety measures to be observed at the time of contracting any harmful or dangerous work under paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| (3) | Where the Minister of Employment and Labor grants authorization referred to in paragraph (1), he/she shall conduct a safety and health evaluation pursuant to Article 49. <Amended by Act No. 10339, Jun. 4, 2010> |
| (4) | Where anyone authorized pursuant to paragraph (1) is found to breach the standards referred to in paragraph (2), the Minister of Employment and Labor shall revoke such authorization. <Amended by Act No. 10339, Jun. 4, 2010> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 29 (Safety and Health Measures When Conducting Contracted Projects) |
| (1) | The owner of business specified by Presidential Decree, who conducts any of the following projects at the same place, shall take the following measures to prevent industrial accidents which may occur when those employed by him/her and those employed by his/her contractors, work together at the same place: <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011> |
| 1. | A project, part of which is outsourced under a contract; |
| 2. | A project consisting of specialized works wholly outsourced to specialized contractors under a contract. |
| (2) | Measures to be taken to prevent industrial accidents pursuant to paragraph (1), with the exception of its subparagraphs, are as follows: <Newly Inserted by Act No. 10968, Jul. 25, 2011> |
| 1. | Organizing and operating a council on safety and health; |
| 2. | Health and safety management, such as a routine inspection of a place of business; |
| 3. | Instructing and supporting education on safety and health that contractors shall provide to their employees; |
| 4. | Measuring working environments under Article 42 (1); |
| 5. | Operating a warning system in preparation for any of the following cases, and notifying matters regarding operation of the warning system to contractors and their employees: |
| (a) | Where explosives are set for blasting at a work site; |
| (b) | Where a fire occurs or soil and rock fall at a work site. |
| (3) | A business owner referred to in paragraph (1) shall take measures prescribed by Ordinance of the Ministry of Employment and Labor, including establishment of safety and health facilities, etc., to prevent industrial accidents, when employees of his/her contractors work at a place specified by Ordinance of the Ministry of Employment and Labor as a place at a risk of an industrial accident, including a place in danger of collapse of earth and sand, etc, fire, explosion, collision, or falling. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 11882, Jun. 12, 2013> |
| (4) | A business owner referred to in paragraph (1) shall conduct regular or occasional safety and health checkups on his/her work site, together with his/her employees, his/her contractors, and their employees, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| (5) | As prescribed by Ordinance of the Ministry of Employment and Labor, a person who outsources any of the following work shall take measures necessary for preventing industrial accidents involving the employees of the contractor who perform such work, such as providing information regarding safety and health to the contractor before such work commences. In such cases, where the contractee fails to provide the relevant information in advance, the contractor may directly request the contractee to provide such information: <Amended by Act No. 14788, Apr. 18, 2017> |
| 1. | Renovating, disassembling, decomposing, or demolishing any equipment prescribed by Presidential Decree which manufactures, uses transports, or stores chemical substances or formulations containing chemical substances; |
| 2. | Work performed inside the equipment under subparagraph 1; |
| 3. | Work prescribed by Presidential Decree, which risks causing suffocation or collapsing. |
| (6) | Where a contractor or any employee of a contractor violates this Act or any order issued pursuant to this Act, a business owner under paragraph (1) or a person who outsources work pursuant to paragraph (5) shall take a necessary measure to correct such violation. <Amended by Act No. 11882, Jun. 12, 2013> |
| (7) | Each contractor and his/her employees shall comply with a measure under any of paragraphs (1) through (6), except in extenuating circumstances. <Amended by Act No. 10968, Jul. 25, 2011; Act No. 11882, Jun. 12, 2013> |
| (8) | A person who outsources a project to another person shall comply with the following requirements, to ensure the work is performed in a safe and sanitary manner: <Amended by Act No. 10968, Jul. 25, 2011> |
| 1. | Not to reduce the construction period determined in the relevant design documents, etc.; |
| 2. | Not to use a dangerous construction method for reducing the construction cost, and not to change the construction method without a just ground. |
| (9) | For the purpose of protecting employees’ health, a person who outsources any project to another person shall cooperate adequately with the contractor, such as providing the contractor with a place in which the contractor can install sanitary facilities or allowing the contractor’s employees to use his/her sanitary facilities, so that the contractor can comply with the standards for sanitary facilities prescribed by Ordinance of the Ministry of Employment and Labor. <Newly Inserted by Act No. 10968, Jul. 25, 2011> |
| (10) | Necessary matters concerning composition and operation of a council, safety and health management in the place of business, and instruction and support for health and safety educations, under paragraph (2) 1 through 3, shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011; Act No. 11882, Jun. 12, 2013> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 29-2 (Special Cases concerning Establishing and Operating Council on Safety and Health) |
| (1) | The owner of business, the type and size of which are prescribed by Presidential Decree and which falls under Article 29 (1), may establish and operate a labor-management council on safety and health, consisting of an equal number of employees and employers (hereinafter referred to as "labor-management council"), as prescribed by Presidential Decree. |
| (2) | Where a business owner establishes and operates a labor-management council pursuant to paragraph (1), he/she shall be deemed to establish and operate an occupational health and safety committee under Article 19 (1) and a council on safety and health under Article 29 (2) 1, respectively. <Amended by Act No. 10968, Jul. 25, 2011> |
| (3) | A business owner who establishes and operates a labor-management council pursuant to paragraph (1) shall handle the matters provided for in Article 19 (2) following deliberation and resolution by the labor-management council. In such cases, the method for addressing matters not resolved by the labor-management council shall be prescribed by Presidential Decree. |
| (4) | Meetings of the labor-management council shall be held in accordance with Presidential Decree and results of the meetings shall be recorded and kept in the minutes. |
| (5) | The labor-management council may determine matters necessary for maintaining and promoting safety and health of employees in the relevant place of business. |
| (6) | The labor-management council shall discuss matters prescribed by Ordinance of the Ministry of Employment and Labor, such as prevention of industrial accidents and methods of evacuation at the time an industrial accident occurs. <Amended by Act No. 10339, Jun. 4, 2010> |
| (7) | A business owner who organizes and operates a labor-management council referred to in paragraph (1) and his/her employees shall conscientiously implement the matters on which the labor-management council has deliberated and passed a resolution or determined pursuant to paragraphs (3) and (5). |
| (8) | Article 19 (6) and (7) shall apply mutatis mutandis to labor-management councils. |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 29-3 (Request for Design Modification) |
| (1) | Where a contractor of construction works (referring to a person to whom the relevant construction work is first outsourced: the same shall apply hereafter in this Article) deems an industrial accident highly likely, such as collapse of a temporary structure, etc., in the course of the construction work, he/she may request the client who has outsourced such work (excluding where the design work is included in the scope of contracted work; the same shall apply hereafter in this Article) to modify the design after listening to the opinions of experts. In such cases, detailed matters concerning where industrial accidents are highly likely, and the experts whose opinions are required to be heard shall be prescribed by Presidential Decree. |
| (2) | A contractor, who is ordered to suspend the work or amend a plan by the Minister of Employment and Labor pursuant to Article 48 (4) may, if the design modification is necessary, request the client who has outsourced the construction work to modify the design. |
| (3) | A client who is requested to modify a design pursuant to paragraphs (1) and (2), shall reflect such request and modify the design, except in extenuating circumstances prescribed by Ordinance of the Ministry of Employment and Labor. |
| (4) | The content, procedure, and other matters necessary for requesting design modifications under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Employment and Labor. In such cases, pre-consultation shall be held with the Minister of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Act No. 11882, Jun. 12, 2013]
| Article 29-4 (Requesting Extension of Construction Period, and other Related Matters) |
| (1) | A person who outsources construction works to any third person shall take a measure to extend the construction period unless any extenuating circumstance exists, where, due to delay of construction caused by any of the following reasons, his contractor requests that period be extended to prevent industrial accidents: |
| 1. | Where there occurs a cause of force majeure, including severe weather such as typhoons and floods, and a war or serious incident, an earthquake, a fire, an epidemic, a riot, or other extenuating circumstances effecting the contractual parties; |
| 2. | Where construction is either delayed or interrupted due to the contractee. |
| (2) | Requirements, procedures, etc. for requesting the extension of the construction period under paragraph (1), and other matters necessary therefor, shall be prescribed by Ordinance of the Ministry of Employment and Labor. |
[This Article Newly Inserted by Act No. 13906, Jan. 27, 2016]
| Article 30 (Appropriation, etc. of Funds for Occupational Safety and Health Management) |
| (1) | A person who outsources construction, shipbuilding or repair business, or other business prescribed by Presidential Decree, or executes such business independently shall appropriate funds for occupational safety and health management to prevent industrial accidents, in the contract amount or work expenses prescribed and announced by the Minister of Employment and Labor, upon executing the contract or preparing the independent business plan. <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) | In order to ensure efficient expenditure for occupational safety and health management referred to in paragraph (1), the Minister of Employment and Labor may determine the standards of the following matters: <Amended by Act No. 10339, Jun. 4, 2010> |
| 1. | Standards for disbursing expenses based upon the progress of construction works; |
| 2. | Method and details necessary for disbursing by scale and category of business; |
| 3. | Other matters necessary for disbursing funds for occupational health and safety management. |
| (3) | No contractor or person operating his/her own business referred to in paragraph (1) shall use funds for occupational health and safety management for any other purpose. In such cases, the funds for occupational safety and health management, for which the standards for use are determined under paragraph (2), shall be spent pursuant to such standards and the statement detailing such expenditure shall be prepared and kept, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| (4) | through (6) Deleted. <by Act No. 11882, Jun. 12, 2013> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 30-2 (Specialized Guidance Institution for Accident Prevention) |
| (1) | Where a person prescribed by Ordinance of the Ministry of Employment and Labor, who is a contractor outsourced pursuant to Article 30 (1) or who operates any business independently, intends to use funds for occupational safety and health management, he/she shall receive prior guidance on the method for using funds, accident prevention measures, etc., from a specialized institution (hereinafter referred to as “specialized guidance institution for accident prevention”) designated by the Minister of Employment and Labor. |
| (2) | The requirements and procedures for designation, the matters to guide on, and other matters necessary for the specialized guidance institution for accident prevention shall be prescribed by Presidential Decree. |
| (3) | Articles 15-2 and 15-3 shall apply mutatis mutandis to the specialized guidance institution for accident prevention. In such cases, “specialized safety management institution” shall be construed as “specialized guidance institution for accident prevention.” |
| (4) | The Minister of Employment and Labor may evaluate the specialized guidance institutions for accident prevention and disclose results therof. In such cases, the evaluation standards and method and matters necessary for disclosing results of evaluations shall be prescribed by Ordinance of the Ministry of Employment and Labor. |
[This Article Newly Inserted by Act No. 11882, Jun. 12, 2013]
| Article 31 (Health and Safety Education) |
| (1) | A business owner shall regularly educate employees on health and safety in his/her place of business, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) | Where a business owner employs an employee (excluding where employing day-to-day construction workers) and changes the scope of the job of such employee, he/she shall provide the employee with health and safety education related to the relevant job, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011> |
| (3) | Where a business owner employs a person for a harmful or dangerous job, he/she shall specially educate the employee for health and safety related to the job, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| (4) | Notwithstanding paragraphs (1) through (3), safety and health education may be fully or partially exempted in cases prescribed by Ordinance of the Ministry of Employment and Labor, such as where education on safety and health is provided to employees with experience in the relevant job. <Newly Inserted by Act No. 11882, Jun. 12, 2013> |
| (5) | A business owner may entrust any safety and health education under paragraphs (1) through (3) to an institution entrusted with safety and health education which is registered with the Minister of Employment and Labor (hereinafter referred to as an “institution entrusted with safety and health education”) after securing human resources, facilities, and equipment necessary for such education. <Amended by Act No. 11882, Jun. 12, 2013; Act No. 13906, Jan. 27, 2016> |
| (6) | Matters necessary for requirements, procedures, etc. of registration of an institution entrusted with safety and health education under paragraph (5) shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 13906, Jan. 27, 2016> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 31-2 (Basic Course on Safety and Health in Construction Business) |
| (1) | When a construction business owner employs a day-to-day construction worker, he/she shall require the employee to complete a basic course on safety and health (hereinafter referred to as “basic course on construction works”) provided by an institution satisfying the prerequisites prescribed by Presidential Decree for human resources, facilities, equipment, etc. and registered with the Minister of Employment and Labor: Provided, That the foregoing shall not apply where a day-to-day construction worker has completed such basic course on construction works before he/she is employed by a business owner. |
| (2) | Necessary matters concerning the procedure for registration under paragraph (1) shall be prescribed by Presidential Decree. |
| (3) | Necessary matters concerning the hours, contents, and methods of basic course on construction works shall be prescribed by Ordinance of the Ministry of Employment and Labor. |
[This Article Newly Inserted by Act No. 10968, Jul. 25, 2011]
| Article 32 (Education for Persons in Charge of Management, etc.) |
| (1) | A business owner (referring to the business owner of the relevant institution in case of a person referred to in subparagraph 2) shall request the following persons to complete in-service education on safety and health (hereinafter referred to as “in-service education”) conducted by the Minister of Employment and Labor: <Amended by Act No. 10339, Jun. 4, 2010; Act No. 13906, Jan. 27, 2016> |
| 1. | A person in charge of management, a safety officer under Article 15, a health officer under Article 16, and a person in charge of safety and health management under Article 16-3; |
| 2. | A person engaged in a specialized safety management institution, a specialized health management institution, a specialized disaster prevention guidance institution, or an asbestos inspection institution. |
| (2) | Notwithstanding paragraph (1), in-service education may be fully or partially exempt in cases prescribed by Ordinance of the Ministry of Employment and Labor, such as completing training under other statutes. <Amended by Act No. 10339, Jun. 4, 2010> |
| (3) | If an institution intends to be entrusted with in-service education, it shall satisfy prerequisites prescribed by Presidential Decree for qualification, human resources, facilities, equipment, etc.; and shall be registered with the Minister of Employment and Labor. <Newly Inserted by Act No. 10968, Jul. 25, 2011> |
| (4) | Necessary matters concerning the hours, contents, and methods of in-service education shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| (5) | Matters necessary for registration required under paragraph (3) shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 10968, Jul. 25, 2011> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 32-2 (Evaluation of Registered Institutions) |
| (1) | The Minister of Employment and Labor may evaluate institutions registered pursuant to Article 31 (5), 31-2 (1) or 32 (3), and may disclose findings therefrom. <Amended by Act No. 13906, Jan. 27, 2016> |
| (2) | Matters necessary for the standards and method for evaluating and disclosing the evaluation findings under paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor. |
[This Article Newly Inserted by Act No. 10968, Jul. 25, 2011]
| Article 32-3 (Application Mutatis Mutandis) |
Article 15-2 shall apply to mutatis mutandis to the institutions registered with the Minister of Employment and Labor pursuant to Article 31 (5), 31-2 (1) or 32 (3). In such cases, “safety management agency” shall be construed as “institution registered with the Minister of Employment and Labor pursuant to Article 31 (5), 31-2 (1) or 32 (3),” and “designation,” as “registration,” respectively. <Amended by Act No. 11882, Jun. 12, 2013; Act No. 13906, Jan. 27, 2016> [This Article Newly Inserted by Act No. 10968, Jul. 25, 2011]
| Article 33 (Protective Measures, etc. against Harmful or Dangerous Machinery, Instruments, etc.) |
| (1) | No person shall provide any machinery or apparatus prescribed by Presidential Decree, used for any harmful or dangerous work, or which is power-operated, for transfer, rent, installation, or use; nor shall he/she display it for the purpose of transfer or rent, without taking protective measures for preventing harm and danger as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 11882, Jun. 12, 2013> |
| (2) | No person shall provide any power-operated machinery or apparatus that has either a protruding part, power-transfer part, or speed-adjusting part in its operating unit or a pitch point of its rotary machine, for transfer, rent, installation, or use; nor shall he/she display it for the purpose of sale or rent, without taking protective measures for preventing any harm and danger as prescribed by Ordinance of the Ministry of Employment and Labor. <Newly Inserted by Act No. 11882, Jun. 12, 2013> |
| (3) | A person who rents or borrows any machinery, apparatus, equipment, building, etc. prescribed by Presidential Decree to or from any other person shall take measures necessary for preventing harm and danger as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 34 (Safety Certification) |
| (1) | In order to assess the safety of harmful or dangerous machinery, apparatus, equipment, protective devices, and protectors (hereinafter referred to as "harmful or dangerous machinery, apparatus, equipment, etc."), the Minister of Employment and Labor may determine and publish safety certification standards (hereinafter referred to as "safety certification standards") for safety-related performance of machinery, apparatus, equipment, etc. and technical capability, production system, etc. of manufacturers. In such cases, the safety certification standards may be determined by kind, specification, or type of harmful or dangerous machinery, apparatus, equipment, etc. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 11882, Jun. 12, 2013> |
| (2) | A person who manufactures (including installing or transferring machinery, apparatuses, etc. prescribed by Ordinance of the Ministry of Employment and Labor or major structural modifications thereof; hereafter the same shall apply in this Article and Articles 34-2 through 34-4) or imports any harmful or dangerous machinery, apparatuses, equipment, etc., prescribed by Presidential Decree as deemed necessary for employee safety and health (hereinafter referred to as "machinery, apparatuses, etc. subject to safety certification") shall obtain safety certification from the Minister of Employment and Labor in order to confirm whether such machinery, apparatuses, etc. subject to safety certification comply with the safety certification standards. <Amended by Act No. 11882, Jun. 12, 2013> |
| (3) | In any of the following cases, safety certification under paragraph (2) may be fully or partially exempted pursuant to Ordinance of the Ministry of Employment and Labor: <Amended by Act No. 10339, Jun. 4, 2010> |
| 1. | Where manufactured or imported for research and development, or manufactured for exportation; |
| 2. | Where certification is granted by a foreign safety certification institution determined and published by the Minister of Employment and Labor; |
| 3. | Where inspection is conducted or certification is granted under other statutes. |
| (4) | Where a person intends to undergo an evaluation of the safety-related performance of harmful or dangerous machinery, apparatus, equipment, etc. which are not subject to safety certification, the manufacturer or importer thereof may apply for safety certification to the Minister of Employment and Labor. In such cases, the Minister of Employment and Labor may conduct safety certification in accordance with safety certification standards determined and published by the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 11882, Jun. 12, 2013> |
| (5) | The Minister of Employment and Labor shall verify whether a person who has been granted the safety certification pursuant to paragraphs (2) and (4) (hereinafter referred to as "safety certification") complies with the safety certification standards, once in a period specified by Ordinance of the Ministry of Employment and Labor, not exceeding three years: Provided, That if a manufacturer has been partially exempt from safety certification, such verification may be fully or partially omitted, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011; Act No. 11882, Jun. 12, 2013> |
| (6) | A person to whom safety certification has been granted pursuant to paragraph (2) shall make and preserve records of the name, model, outputs and sales of a product for which safety certification has been granted and of the status of its distributors, as prescribed by Ordinance of the Ministry of Employment and Labor. <Newly Inserted by Act No. 10968, Jul. 25, 2011> |
| (7) | If the Minister of Employment and Labor deems it necessary for employee safety and health, he/she may require a person who manufactures, imports, or sells machinery, apparatuses, etc. subject to certification, to submit data about the manufacturing, importation, or sales of the machinery, apparatuses, etc. subject to safety certification to the Corporation, as prescribed by Ordinance of the Ministry of Employment and Labor. <Newly Inserted by Act No. 10968, Jul. 25, 2011; Act No. 11882, Jun. 12, 2013> |
| (8) | Necessary matters concerning applications for, and the method and procedure for, safety certification, and the method and procedure for the verification under paragraph (5), shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 34-2 (Indication, etc. of Safety Certification) |
| (1) | A person who is granted safety certification shall attach an indication of safety certification (hereinafter referred to as "safety certificate") on the machinery, apparatus, equipment, etc. which have undergone safety certification or on the container or packing thereof, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 11882, Jun. 12, 2013> |
| (2) | No harmful or dangerous machinery, apparatus, equipment, etc. other than those that have been granted safety certification shall indicate a safety certificate or other certificate similar thereto; or shall advertise safety certification. <Amended by Act No. 11882, Jun. 12, 2013> |
| (3) | A person who manufactures, imports, transfers, or lends any harmful or dangerous machinery, apparatus, equipment, etc. regarding which safety certification has been granted shall not arbitrarily modify or remove an attached safety certificate. <Amended by Act No. 11882, Jun. 12, 2013> |
| (4) | In any of the following cases, the Minister of Employment and Labor shall order to remove a safety certificate or other certificate similar thereto: <Amended by Act No. 10339, Jun. 4, 2010> |
| 1. | Where a safety certificate or similar is attached, in violation of paragraph (2); |
| 2. | Where safety certification is revoked or an order prohibiting the use of a safety certificate is issued under Article 34-3 (1). |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 34-3 (Revocation, etc. of Safety Certification) |
| (1) | Where a person who has obtained safety certification falls under any of the following subparagraphs, the Minister of Employment and Labor may revoke the relevant safety certification or issue an order prohibiting the use of the safety certificate concerned or for the improvement thereof to meet safety certification standards, fixing a period up to six months: Provided, That in cases falling under subparagraph 1, the Minister of Employment and Labor shall revoke the relevant safety certification: <Amended by Act No. 10339, Jun. 4, 2010; Act No. 11882, Jun. 12, 2013> |
| 1. | Where the person has obtained safety certification by false or other unjust means; |
| 2. | Where the safety-related performance of harmful or dangerous machinery, apparatus, equipment, etc. regarding which the safety certification has been granted ceases to meet a safety certification standard; |
| 3. | Where the person refuses, evades, or interferes with verification under Article 34 (5) without justifiable grounds. |
| (2) | Where the Minister of Employment and Labor has revoked the safety certification under paragraph (1), he/she shall disclose such fact, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| (3) | No person whose safety certification has been revoked under paragraph (1) shall apply for the safety certification concerning harmful or dangerous machinery, apparatus, equipment, etc. of the same specifications and types, within one year after such revocation. <Amended by Act No. 11882, Jun. 12, 2013> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 34-4 (Prohibition, etc. on Manufacturing, Importation, and Use of Machinery, Apparatuses, etc. subject to Safety Certification) |
| (1) | No machinery, apparatuses, etc. subject to safety certification which falls under any of the following subparagraphs shall be manufactured, imported, sold, lent, or used, or displayed for sale or rental: <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011; Act No. 11882, Jun. 12, 2013> |
| 1. | Where machinery, apparatuses, etc. have not been safety-certified (excluding where safety certification is completely exempt under Article 34 (3)); |
| 2. | Where machinery, apparatuses, etc. cease to meet the standards of safety certification determined and published by the Minister of Employment and Labor pursuant to Article 34 (1); |
| 3. | Where safety certification is revoked or an order prohibiting the use of a safety certificate is issued under Article 34-3 (1). |
| (2) | The Minister of Employment and Labor may order a person who manufactures, imports, transfers, or lends machinery, apparatuses, etc. subject to safety certification, in violation of paragraph (1), to recall or destroy them, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 11882, Jun. 12, 2013> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 34-5 (Designation of Safety Certification Institution) |
| (1) | The Minister of Employment and Labor may designate an institution to whom the safety certification and verification under Article 34 (5) can be entrusted, and authorize it to perform such affairs (hereinafter referred to as “safety certification institution”). |
| (2) | In order to ensure the efficient performance of safety certification, the Minister of Employment and Labor may inspect and evaluate the actual performance of a safety certification institution, or may instruct or supervise a safety certification institution regarding its administration of affairs. |
| (3) | Necessary matters for the prerequisites for designating a safety certification institution regarding human resources, facilities, equipment, etc. and the procedure for the designation shall be prescribed by Presidential Decree. |
| (4) | Articles 15-2 and 15-3 shall apply mutatis mutandis to a safety certification institution. In such cases, the term “safety management agency” shall be construed as “safety certification institution.” <Amended by Act No. 11882, Jun. 12, 2013; Act No. 14788, Apr. 18, 2017> |
[This Article Newly Inserted by Act No. 10968, Jul. 25, 2011]
| Article 34-6 Deleted. <by Act No. 8562, Jul. 27, 2007> |
| Article 35 (Reporting on Voluntary Safety Verification) |
| (1) | A person who manufactures or imports any harmful or dangerous machinery, apparatus, equipment, etc. prescribed by Presidential Decree, which are exempt from safety certification (hereinafter referred to as "machinery, apparatuses, etc. subject to voluntary safety certification") shall report (including ameding reported matters) to the Minister of Employment and Labor, after verifying (hereinafter referred to as "voluntary safety verification") whether the safety-related performance of the machinery, apparatuses, etc. subject to voluntary safety verification, comply with the safety standards (hereinafter referred to as "voluntary safety standards") determined and publicly announced by the Minister of Employment and Labor: Provided, That where he/she falls under any of the following subparagraphs, he/she may be exempted from such reporting: <Amended by Act No. 10339, Jun. 4, 2010; Act No. 11882, Jun. 12, 2013> |
| 1. | Where a person manufactures or imports for research and development, or manufactures for exportation; |
| 2. | Where a person has completed safety certification under Article 34 (4) (excluding where safety certification is revoked or an order prohibiting the use of a safety certificate is issued under Article 34-3 (1)); |
| 3. | Where a person has completed an inspection or obtained certification for safety under other statutes determined by Ordinance of the Ministry of Employment and Labor. |
| (2) | A person who has reported under paragraph (1) shall keep documents verifying that the machinery, apparatuses, etc. subject to voluntary safety verification, comply with voluntary safety standards. |
| (3) | Necessary matters concerning the method of filing a report, etc. under paragraph (1) shall be determined by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 35-2 (Indication, etc. of Voluntary Safety Verification) |
| (1) | A person who has reported under Article 35 (1) shall attach an indication of voluntary safety verification (hereinafter referred to as "voluntary safety verification certificate") on the machinery, apparatuses, etc. subject to voluntary safety verification; or on the container or packing thereof, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) | No machinery, apparatuses, etc. subject to voluntary safety verification which have not been reported under Article 35 (1) shall mark a voluntary safety verification certificate or other certificates similar thereto, or make an advertisement on voluntary safety verification. |
| (3) | No person who manufactures, imports, transfers, or lends machinery, apparatuses, etc. subject to voluntary safety verification which are reported under Article 35 (1), shall modify or remove a voluntary safety verification certificate at his/her discretion. |
| (4) | In any of the following cases, the Minister of Employment and Labor shall issue an order to remove a voluntary safety verification certificate or similar: <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011> |
| 1. | Where a voluntary safety verification certificate or similar are indicated, in violation of paragraph (2); |
| 2. | Where a report under Article 35 (1) is filed by false or other unjust means; |
| 3. | Where an order prohibiting the use of a voluntary safety verification certificate is issued under Article 35-3 (1). |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 35-3 (Prohibition, etc. on Use of Voluntary Safety Verification Certificate) |
| (1) | Where the safety-related performance of machinery, apparatuses, etc. subject to voluntary safety verification reported pursuant to Article 35 (1) ceases to meet a voluntary safety standard, the Minister of Employment and Labor may prohibit a person who filed such report under Article 35 (1) from using the voluntary safety verification certificate or issue an order for improvement to meet voluntary safety standards, within a specified period not exceeding six months. <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) | When the Minister of Employment and Labor prohibits the use of the voluntary safety verification certificate pursuant to paragraph (1), he/she shall publicly notify such fact. <Newly Inserted by Act No. 10968, Jul. 25, 2011> |
| (3) | The details of public notification under paragraph (2), the method and procedure for public notification, and other necessary matters for public notification, shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Newly Inserted by Act No. 10968, Jul. 25, 2011> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 35-4 (Prohibition, etc. on Manufacturing, Importation, Use, etc. of Machinery, Apparatuses, etc. subject to Voluntary Safety Verification) |
| (1) | In any of the following cases, no machinery, apparatuses, etc. subject to voluntary safety verification shall be manufactured, imported, transferred, rented or used, or displayed for sale or rental: <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011> |
| 1. | Where a report under Article 35 (1) is not filed (excluding where such report is exempted under the proviso to Article 35 (1)); |
| 2. | Where a report under Article 35 (1) is filed falsely or otherwise unjustly; |
| 3. | Where the machinery, apparatuses, etc. cease to meet the voluntary safety standards determined and notified by the Minister of Employment and Labor under Article 35 (1); |
| 4. | Where an order prohibiting the use of a voluntary safety certificate is issued under Article 35-3 (1). |
| (2) | The Minister of Employment and Labor may order a person who manufactures, imports, transfers, or lends machinery, apparatuses, etc. subject to voluntary safety verification in violation of paragraph (1) to collect or destroy them, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 36 (Safety Inspections) |
| (1) | A business owner (including a sole proprietor; the same shall apply hereafter in this Article) who uses harmful or dangerous machinery, apparatus, or equipment determined by Presidential Decree (hereinafter referred to as "harmful or dangerous machinery, etc.") shall undergo an inspection (hereinafter referred to as "safety inspection") conducted by the Minister of Employment and Labor to verify whether the safety-related performance of harmful or dangerous machinery, etc. conforms with inspection standards determined and published by the Minister of Employment and Labor. Where the business owner who uses harmful or dangerous machinery, etc. is not the owner of the relevant machinery, etc., the owner shall undergo the safety inspection on the machinery, etc. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011> |
| (2) | Notwithstanding paragraph (1), harmful or dangerous machinery, etc. may be exempt from a safety inspection, if it has already undergone an inspection or obtained safety certification pursuant to other statutes specified by Ordinance of the Ministry of Employment and Labor. <Newly Inserted by Act No. 10968, Jul. 25, 2011> |
| (3) | A business owner who uses harmful or dangerous machinery, etc. that has passed a safety inspection, shall affix an indication showing that such machinery, etc. has passed a safety inspection. |
| (4) | None of the following harmful or dangerous machinery, etc. shall be used: <Amended by Act No. 10968, Jul. 25, 2011> |
| 1. | Harmful or dangerous machinery, etc. that has not undergone a safety inspection (excluding where the safety inspection is exempt under the proviso to paragraph (2)); |
| 2. | Harmful or dangerous machinery, etc. that fail to pass a safety inspection. |
| (5) | The Minister of Employment and Labor may designate an institution to which safety inspections shall be entrusted (hereinafter referred to as “safety inspection institution”). <Newly Inserted by Act No. 10968, Jul. 25, 2011> |
| (6) | When a safety inspection institution discovers harmful or dangerous machinery, etc. falling under any subparagraph of paragraph (4), it shall report such finding to the head of the competent regional employment and labor administrative office without delay. <Newly Inserted by Act No. 10968, Jul. 25, 2011> |
| (7) | In order to ensure safety inspections are performed efficiently, the Minister of Employment and Labor may inspect and evaluate the actual performance of safety inspection institutions, and may instruct safety inspection institutions and supervise them regarding their affairs. <Newly Inserted by Act No. 10968, Jul. 25, 2011> |
| (8) | Necessary matters concerning the prerequisites for the designation of safety inspection institutions with regard to human resources, facilities, equipment, etc. and the procedure for the designation shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 10968, Jul. 25, 2011> |
| (9) | Necessary matters concerning applications for safety inspection, the period of inspection, and the method for indicating machinery, etc. has passed a safety inspection, shall be prescribed by Ordinance of the Ministry of Employment and Labor. In such cases, the type, useful life, and harmfulness of harmful or dangerous machinery, etc. shall be considered in determining the period of inspection. <Amended by Act No. 10339, Jun. 4, 2010> |
| (10) | Article 15-2 shall apply mutatis mutandis to safety inspection institutions. In such cases, “specialized management institution” shall be construed as “safety inspection institution.” <Newly Inserted by Act No. 10968, Jul. 25, 2011; Act No. 11882, Jun. 12, 2013; Act No. 14788, Apr. 18, 2017> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 36-2 (Safety Inspections under Self-Inspection Program) |
| (1) | Notwithstanding Article 36 (1), where a business owner prepares an inspection program (hereinafter referred to as "voluntary inspection program") that satisfies the inspection standards under the main sentence of Article 36 (1), and the period of inspection and the method for indicating that machinery, etc. has passed an inspection under Article 36 (9) after consulting thereon with the representative of employees (excluding cases where no employee is employed), obtains approval thereof from the Minister of Employment and Labor, and conducts inspection on the safety-related performance of harmful or dangerous machinery, etc. according to the program, he/she shall be deemed to successfully pass safety inspection. In such cases, the period of validity of the self-inspection program shall be two years. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011> |
| (2) | Where a person subject to a safety inspection intends to conduct an inspection under a self-inspection program, he/she shall require any of the following persons to undergo an inspection and shall record and keep the findings thereof: <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011; Act No. 11882, Jun. 12, 2013> |
| 1. | A person who has qualifications and experience determined by Ordinance of the Ministry of Employment and Labor; |
| 2. | A person who has completed an educational course for training inspectors, as prescribed by Ordinance of the Ministry of Employment and Labor, and has practical experience in the relevant field. |
| (3) | A person who shall undergo a safety inspection pursuant to Article 36 (1) may entrust an inspection under paragraph (2) to an inspection institution (hereinafter referred to as "designated inspection institution") designated by the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011> |
| (4) | Where a person approved for a voluntary inspection program falls under any of the following subparagraphs, the Minister of Employment and Labor may revoke approval for the voluntary inspection program or issue an order to improve it, such as conducting an inspection according to the details of an approved voluntary inspection program: Provided, That in cases falling under subparagraph 1, he/she shall revoke such approval: <Amended by Act No. 10339, Jun. 4, 2010> |
| 1. | Where he/she has obtained approval for his/her voluntary inspection program by false or other unjust means; |
| 2. | Where he/she has failed to conduct an inspection even after obtaining approval for the voluntary inspection program; |
| 3. | Where he/she has failed to conduct an inspection according to the details approved for the voluntary inspection program; |
| 4. | Where no inspection was conducted by a person with qualifications under paragraph (2) or by a designated inspection institution. |
| (5) | No harmful or dangerous machinery, etc. for which approval of a voluntary inspection program is revoked under paragraph (4) shall be used. |
| (6) | The Minister of Employment and Labor may evaluate designated inspection institutions and publish the results of such evaluation. In such cases, matters necessary for standards and methods for evaluation, and publication of results thereof shall be prescribed by Ordinance of Ministry of Employment and Labor. <Newly Inserted by Act No. 14788, Apr. 18, 2017> |
| (7) | Matters necessary for the subject matter to be included in voluntary inspection programs, requirements, methods and procedures for approving voluntary inspection programs, and requirements and procedures for determining designated inspection institutions shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 14788, Apr. 18, 2017> |
| (8) | Article 15-2 shall apply mutatis mutandis to designated inspection institutions. In such cases, “safety management institution” shall be construed as “specialized designated inspection institution.” <Amended by Act No. 10968, Jul. 25, 2011; Act No. 11882, Jun. 12, 2013; Act No. 14788, Apr. 18, 2017> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 36-3 (Support of Production, etc. of Protective Devices) |
| (1) | The Minister of Employment and Labor may subsidize persons who manufacture machinery, apparatuses, etc. subject to safety certification or subject to voluntary safety verification or machinery, apparatus, or equipment that frequently cause industrial accidents and thus, for which it is necessary to provide assistance in improving safety, and persons who design and install facilities for the improvement of working environment, as necessary, within budgetary limits, for improving the quality and safety of products and the capabilities of design and construction. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011; Act No. 11882, Jun. 12, 2013> |
| (2) | Any person who intends to obtain a subsidy under paragraph (1) shall first be registered with the Minister of Employment and Labor after meeting the prerequisites set by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| (3) | If a person registered pursuant to paragraph (2) falls under any of the following subparagraphs, the Minister of Employment and Labor may revoke the registration or place restrictions on support under paragraph (1): Provided, That if a person falls under subparagraph 1, the registration shall be revoked: <Amended by Act No. 10968, Jul. 25, 2011> |
| 1. | If he/she fraudulently or otherwise wrongfully files for registration; |
| 2. | If he/she fails to meet the prerequisites for registration under paragraph (2); |
| 3. | If his/her safety certification is revoked pursuant to Article 34-3 (1) 1. |
| (4) | If a person subsidized pursuant to paragraph (1) falls under any of the following subparagraphs, the Minister of Employment and Labor shall recover the subsidy or an amount equivalent to the subsidization. In cases falling under subparagraph 1, an amount not exceeding the subsidy may be collected additionally: <Newly Inserted by Act No. 10968, Jul. 25, 2011> |
| 1. | If he/she fraudulently or otherwise wrongfully receives a subsidy; |
| 2. | If he/she falls under paragraph (3) 1 and his/her registration is revoked; |
| 3. | If he/she uses a subsidy for other than the purpose of subsidization under paragraph (1). |
| (5) | The Minister of Employment and Labor may ban a person whose registration is revoked under paragraph (3) from being re-registered under paragraph (2) for a specified period not exceeding two years from the date of such revocation. <Newly Inserted by Act No. 10968, Jul. 25, 2011> |
| (6) | Details of the support under paragraphs (1) through (5), the procedures for registration, revoking registration, and recovering subsidies, the criteria for restricting registration, and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 36-4 (Integrated Management of Information about Safety of Harmful or Dangerous Machinery, etc.) |
| (1) | The Minister of Employment and Labor may perform integrated management of information about safety, including the current status of harmful or dangerous machinery, etc. in each place of business and the records of safety inspections, and may provide such information to safety inspection institutions, etc. |
| (2) | The Minister of Employment and Labor may request a safety inspection institution to submit data necessary for integratedly managing information under paragraph (1), such as the current status of harmful or dangerous machinery, etc. in each place of business and the records of safety inspections. In such cases, a safety inspection institution shall comply with such request, except in exceptional circumstances. |
| (3) | The Minister of Employment and Labor shall establish and operate a integrated information network for safety, such as the status of harmful or dangerous machinery, etc., in each place of business and the records of safety inspections, for integratedly managing information under paragraph (1). |
[This Article Newly Inserted by Act No. 10968, Jul. 25, 2011]
| Article 37 (Prohibition on Manufacture, etc.) |
| (1) | No person shall manufacture, import, transfer, provide, or use any of the following materials (hereafter referred to as “materials the manufacture, etc. of which is prohibited” in this Article) prescribed by Presidential Decree: <Amended by Act No. 11882, Jun. 12, 2013> |
| 1. | Materials deemed especially harmful to employees’ health being confirmed as occupational carcinogens; |
| 2. | Materials likely to cause serious health impairment to employees, from among harmful factors, the harmfulness or danger of which have been assessed pursuant to Article 39, or any chemical substances, the harmfulness or danger of which have been investigated pursuant to Article 40. |
| (2) | Notwithstanding paragraph (1), where any material the manufacture, etc. of which is prohibited is necessary for experiment or research and meets standards determined by Ordinance of the Ministry of Employment and Labor, the said material may be manufactured, imported, or used upon obtaining approval from the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 11882, Jun. 12, 2013> |
| (3) | Where anyone granted approval under paragraph (2) fails to meet the standards referred to in the same paragraph, the Minister of Employment and Labor shall revoke his/her approval therefor. <Amended by Act No. 10339, Jun. 4, 2010> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 38 (Permission for Manufacture, etc.) |
| (1) | Any person who intends to manufacture or use any materials (hereinafter referred to as “materials subject to permission”) prescribed by Presidential Decree meeting the standards in any subparagraph of Article 37 (1) shall obtain prior permission from the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor. This shall also apply to proposed modifications to permitted matters. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 11882, Jun. 12, 2013> |
| (2) | The equipment for manufacturing and using materials subject to permission, the methods for treating the same, and the standards for permission shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 11882, Jun. 12, 2013> |
| (3) | Any person who has obtained permission under paragraph (1) (hereinafter referred to as "manufacturer or user of materials subject to permission") shall keep equipment for manufacturing and using materials to comply with the standards referred to in paragraph (2) and manufacture and use the materials according to the treatment methods complying with such standards. <Amended by Act No. 11882, Jun. 12, 2013> |
| (4) | Where any manufacturing, use of equipment, or treatment methods of a manufacturer or user of materials subject to permission are deemed not to comply with the standards referred to in paragraph (2), the Minister of Employment and Labor may order him/her/it to repair, remodel, or transfer the equipment for manufacturing and using those materials so as to comply with the standards, or to manufacture and use those materials using the treatment methods which comply with the standards. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 11882, Jun. 12, 2013> |
| (5) | Where any manufacturer or user of materials subject to permission falls under any of the following subparagraphs, the Minister of Employment and Labor may revoke the permission or require him/her/it to suspend his/her/its business, fixing a period not exceeding six months: Provided, That in cases falling under subparagraph 1, the permission shall be revoked: <Amended by Act No. 10339, Jun. 4, 2010; Act No. 11882, Jun. 12, 2013> |
| 1. | Where such person obtains permission fraudulently or otherwise wrongfully; |
| 2. | Where such person fails to satisfy any of the standards for permission referred to in paragraph (2); |
| 3. | Where such person violates paragraph (3); |
| 4. | Where such person violates any order issued under paragraph (4); |
| 5. | Where such person fails to immediately take necessary measures, including repairing the same, notwithstanding the disclosure of any malfunction as a result of the self-inspection. |
| (6) | The procedure for applying for permission under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 38-2 (Asbestos Inspection) |
| (1) | When it is intended to remove or dismantle a structure or facility, the owner or tenant of the relevant structure or facility (hereinafter referred to as “owner or tenant of a structure or facility”) shall inspect the following matters (hereinafter referred to as “general asbestos inspection”), and shall record and keep the results of the inspection, as prescribed by Ordinance of the Ministry of Employment and Labor: |
| 1. | Whether the relevant structure or facility contains asbestos; |
| 2. | The types, location, and area of materials containing asbestos in the relevant structure or facility. |
| (2) | The owner or tenant of a structure or facility of at least the size specified by Presidential Decree, from among structures or facilities specified in paragraph (1), shall hire an institution designated by the Minister of Employment and Labor (hereinafter referred to as “asbestos inspection institution”) to inspect any matter specified in paragraph (1) and the type and amount of asbestos contained in the relevant structure or facility (hereinafter referred to as “asbestos inspection by a designated institution”) and shall record and keep the findings of the inspection: Provided, That the asbestos inspection by a designated institution may be omitted if it is obvious that a structure or facility contains asbestos or if it is confirmed, according to the procedure prescribed by Ordinance of the Ministry of Employment and Labor, that a ground specified by Presidential Decree for omitting such inspection exists. |
| (3) | When an asbestos inspection is conducted on a structure or facility in accordance with the Asbestos Safety Management Act or any other relevant Act, a general asbestos inspection or an asbestos inspection by a designated institution shall be deemed conducted, as prescribed by Ordinance of the Ministry of Employment and Labor. |
| (4) | If the owner or tenant of a structure or facility removes or dismantles the structure or facility without conducting a general asbestos inspection or an asbestos inspection by a designated institution, the Minister of Employment and Labor may issue any of the following orders: |
| 1. | An order issued to the owner or tenant of the relevant structure or facility to conduct a general asbestos inspection or an asbestos inspection by a designated institution; |
| 2. | An order issued to the person who removes or dismantles the relevant structure or facility to suspend works until the outcomes of the order issued under subparagraph 1 to conduct an inspection are reported. |
| (5) | In order to ensure the accuracy and reliability of asbestos inspections by designated institutions, the Minister of Employment and Labor shall evaluate each asbestos inspection institution’s capability to conduct asbestos inspections, and may instruct and educate the asbestos inspection institutions according to the results of the evaluation. In such cases, the methods and procedures for evaluation, instruction, and education shall be determined and publicly notified by the Minister of Employment and Labor. |
| (6) | If necessary to enhance the quality of asbestos inspections, the Minister of Employment and Labor may evaluate asbestos inspection institutions and publish the findings of such evaluation (including the findings of evaluation under paragraph (5)). <Newly Inserted by Act No. 14788, Apr. 18, 2017> |
| (7) | Requirements and procedures for designating asbestos inspection institutions shall be prescribed by Presidential Decree, and methods for conducting asbestos inspection by a designated institution and other matters necessary therefor shall be shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 14788, Apr. 18, 2017> |
| (8) | Article 15-2 shall apply mutatis mutaindis to asbestos inspection institutions. In such cases, “specialized safety management institution” shall be construed as “asbestos inspection institution.” <Amended by Act No. 11882, Jun. 12, 2013; Act No. 14788, Apr. 18, 2017> |
[This Article Wholly Amended by Act No. 10968, Jul. 25, 2011]
| Article 38-3 (Observing Standards for Removing or Dismantling Asbestos) |
A person who removes or dismantles a structure or facility containing asbestos shall observe the standards for dismantling or removing asbestos, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011>
[This Article Newly Inserted by Act No. 9434, Feb. 6, 2009]
| Article 38-4 (Dismantling or Removal of Asbestos by Asbestos Dismantlers or Removers) |
| (1) | If the amount and area of asbestos contained in a structure or facility subject to the asbestos inspection by a designated institute are not less than the amount and area specified by Presidential Decree, the owner or tenant of the structure or facility shall hire a person registered with the Minister of Employment and Labor (hereinafter referred to as "asbestos dismantler or remover") to dismantle or remove such asbestos: Provided, That if the owner or tenant of a structure or facility has grounds, such as capabilities equivalent to an asbestos dismantler or remover in human resources, equipment, etc., specified by Presidential Decree, he/she may dismantle or remove asbestos directly. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011> |
| (2) | No asbestos under paragraph (1) shall be dismantled or removed by the institute which has conducted an asbestos inspection on the relevant structure or facility. <Amended by Act No. 10968, Jul. 25, 2011> |
| (3) | An asbestos dismantler or remover (referring to the owner, etc. a structure or facility in cases referred to in the proviso to paragraph (1); the same shall apply hereafter in Article 38-5) shall report to the Minister of Employment and Labor before dismantling or removing asbestos, and shall preserve documents on dismantling or removing asbestos under paragraph (1). <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011> |
| (4) | After evaluating the safety of asbestos dismantlement or removal, the Minister of Employment and Labor may announce the results in order to maintain the credibility of the asbestos dismantler or remover. <Amended by Act No. 10339, Jun. 4, 2010> |
| (5) | Requirements and procedures for registration under paragraph (1) shall be prescribed by Presidential Decree, and procedures for filing reports under paragraph (3), standards and methods of evaluation, and methods of announcement under paragraph (4) shall be determined by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| (6) | Article 15-2 shall apply mutatis mutandis to asbestos dismantlers or removers. |
[This Article Newly Inserted by Act No. 9434, Feb. 6, 2009]
| Article 38-5 (Observance of Standards for Asbestos Concentration) |
| (1) | An asbestos dismantler or remover shall ensure that the asbestos concentration in the air surrounding the relevant place of business after completing works for dismantling or removing asbestos pursuant to Article 38-4 (1), does not exceed the standards prescribed by Ordinance of the Ministry of Employment and Labor (hereinafter referred to as “standards for asbestos concentration”), and shall submit evidentiary data to the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011> |
| (2) | Matters concerning qualifications of a person who has the ability to measure the asbestos concentration in the air, and methods of measurement under paragraph (1), shall be determined by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| (3) | If the asbestos concentration in the air around the relevant place of business after completing works for dismantling or removing asbestos exceeds the standards for asbestos concentration, the owner or tenant of the structure or facility shall not remove or dismantle the relevant structure or facility. <Amended by Act No. 10968, Jul. 25, 2011> |
[This Article Newly Inserted by Act No. 9434, Feb. 6, 2009]
| Article 39 (Managing, etc. Harmful Factors) |
| (1) | The Minister of Employment and Labor shall classify chemical substances, physical factors, etc. that cause health disorders to employees (hereinafter referred to as "harmful factors") according to the classification standards set by Ordinance of the Ministry of Employment and Labor, and manage them. <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) | The Minister of Employment and Labor shall formulate the standards for exposure to harmful factors and publish such standards in the Official Gazette, etc. <Amended by Act No. 10339, Jun. 4, 2010> |
| (3) | The Minister of Employment and Labor may assess the harmfulness and danger of harmful factors to employees and publish the findings therof in the Official Gazette, etc. <Amended by Act No. 10339, Jun. 4, 2010> |
| (4) | Necessary matters concerning the standards for selecting substances subject to the assessment of harmfulness and danger and the methods for making such assessment, etc. under paragraph (3) shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 39-2 (Observance of Permissible Level of Harmful Factors) |
| (1) | With respect to harmful factors determined by Presidential Decree which are suspected to cause serious harm to the health of employees, such as carcinogenic substances, each business owner shall maintain the density of exposure to harmful factors in the place of business at or below the permissible level determined by Ordinance of the Ministry of Employment and Labor: Provided, That this shall not apply in the following cases: <Amended by Act No. 10339, Jun. 4, 2010> |
| 1. | Where installing or improving facilities and equipment is not possible with currently available technology; |
| 2. | Where a serious defect occurs in facilities and equipment due to a natural disaster, etc.; |
| 3. | In cases of temporary works and short-term works determined by Ordinance of the Ministry of Employment and Labor; |
| 4. | In other cases determined by Presidential Decree. |
| (2) | Notwithstanding the proviso to paragraph (1), a business owner shall endeavor to maintain the density of exposure to harmful factors at or below the permissible level under paragraph (1). |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 40 (Survey of Harmfulness or Danger of Chemical Substances) |
| (1) | A person (hereinafter referred to as a “manufacturer, etc. of new chemical substances”) who intends to manufacture or import any chemical substance, other than those prescribed by Presidential Decree (hereinafter referred to as "new chemical substances") shall investigate the harmfulness or danger of such new chemical substances and submit an investigative report to the Minister of Employment and Labor in order to prevent impairing employees’ health causable by such chemical substances, as prescribed by Ordinance of the Ministry of Employment and Labor: Provided, That this shall not apply in any of the following cases: <Amended by Act No. 10339, Jun. 4, 2010; Act No. 11882, Jun. 12, 2013> |
| 1. | Where any new chemical substance is imported to supply the daily necessities of general consumers, as prescribed by Ordinance of the Ministry of Employment and Labor; |
| 2. | Where the quantity of any new chemical substance imported is insubstantial, or it is deemed that the degree of harmfulness or danger is low, as prescribed by Ordinance of the Ministry of Employment and Labor. |
| (2) | A manufacturer, etc. of new chemical substances shall immediately take necessary measures according to the findings of the investigation of harmfulness or danger under paragraph (1), in order to prevent imparing employees’ health due to new chemical substances. <Amended by Act No. 11882, Jun. 12, 2013> |
| (3) | Upon receipt of an investigative report on the harmfulness or danger of new chemical substances, the Minister of Employment and Labor shall publish the denomination, harmfulness or danger of the new chemical substances, measures taken, etc. and inform the ministries and agencies concerned therof, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| (4) | Where deemed necessary for preventing impairing employees’ health after reviewing an investigative report on the harmfulness or danger of new chemical substances submitted pursuant to paragraph (1)., the Minister of Employment and Labor may order a manufacturer, etc. of new chemical substances to take measures, such as installing or maintaining facilities and equipment or keeping of protectors. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 11882, Jun. 12, 2013> |
| (5) | Where a manufacturer, etc. of any new chemical substances transfers or supplies new chemical substances, he/she shall also provide documents recording measures to be taken to prevent any health impairment of employees under paragraph (4). <Amended by Act No. 11882, Jun. 12, 2013> |
| (6) | Where deemed necessary to prevent impairing employees’ health, the Minister of Employment and Labor may order a person who manufactures or imports chemical substances suspected as carcinogens or other serious health impairments, or a business owner who uses them, to make an investigation into harmfulness or danger of the said chemical substances and submit the results therof or the materials necessary for assessing harmfulness or danger under Article 39 (3), as prescribed by Ordinance of the Ministry of Employment and Labor. <Newly Inserted by Act No. 11882, Jun. 12, 2013> |
| (7) | A person ordered to make an investigation into the harmfulness and danger of any chemical substances pursuant to paragraph (6) shall, if the findings of the investigation reveal that the said chemical substances are liable to cause health impairment of employees, take necessary measures, such as installing, renovating, etc. facilities or equipment, to prevent impairing employees’ health. <Newly Inserted by Act No. 11882, Jun. 12, 2013> |
| (8) | Where the Minister of Employment and Labor deems it necessary to prevent impairing employees’ health as a result of reviewing the results of investigation and the materials submitted pursuant to paragraph (6), he/she may categorize and manage the relevant chemical substances pursuant to Article 39 (1), or may order a person who manufactures or imports such chemical substances or a business owner who uses them, to take necessary measures, such as installing, renovating, etc. facilities or equipment in order to prevent health impairment of employees. <Newly Inserted by Act No. 11882, Jun. 12, 2013> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 41 (Preparation, Keeping, etc. of Material Safety Data Sheets) |
| (1) | A person who transfers or provides a chemical substance that falls under the classification standards prescribed by Ordinance of the Ministry of Employment and Labor pursuant to Article 39 (1) or a product containing such chemical substance (hereinafter referred to as “controlled chemical substance”), among chemical substances and products containing a chemical substance (excluding products specified by Presidential Decree), shall prepare data about all the following matters, as prescribed by Ordinance of the Ministry of Employment and Labor (hereinafter referred to as “material safety data sheets") and shall provide such data to persons to whom such substance is transferred or provided. In such cases, when the Minister of Employment and Labor intends to prescribe matters to be described in the data about safety and health in handling substances or the method for preparing such data by Ordinance of the Ministry of Employment and Labor, he/she shall consult with the Minister of Environment with regard to matters relevant to the Toxic Chemicals Control Act: <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011; Act No. 11862, Jun. 4, 2013; Act No. 11882, Jun. 12, 2013> |
| 1. | The name of the controlled chemical substance; |
| 1-2. | The name and content of the ingredients; |
| 2. | Handling instructions for health and safety; |
| 3. | Health and physical hazards; |
| 4. | Other matters specified by Ordinance of the Ministry of Employment and Labor. |
| (2) | Notwithstanding paragraph (1), a person who transfers or provides controlled chemical substances may omit the information identifying any of the following matters, as prescribed by Ordinance of the Ministry of Employment and Labor, when he/she prepares the data about safety and health in handling substances: Provided, That the foregoing shall not apply to controlled chemical substances specified by Ordinance of the Ministry of Employment and Labor as likely to cause serious health impairment of employees: <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011> |
| 1. | A chemical substance deemed worth protecting as a trade secret; |
| 2. | Products containing a chemical substance specified in subparagraph 1. |
| (3) | A business owner who intends to handle a controlled chemical substance shall post or keep the material safety data sheets provided pursuant to paragraph (1), as prescribed by Ordinance of the Ministry of Employment and Labor, at a place where employees handling the substance can readily find the data inside the place of business handling the controlled chemical substance. <Amended by Act No. 10968, Jul. 25, 2011> |
| (4) | A person who transfers or provides a controlled chemical substance shall place a warning on the container or package of the substance, as prescribed by Ordinance of the Ministry of Employment and Labor: Provided, That if a controlled chemical substance is transferred or provided in a manner other than by putting in a container or package, a document describing relevant warnings shall be provided, as determined and publicly notified by the Minister of Employment and Labor. <Amended by Act No. 10968, Jul. 25, 2011> |
| (5) | A business owner shall state warnings on a container of a controlled chemical substance used in the place of business, as prescribed by Ordinance of the Ministry of Employment and Labor: Provided, That the foregoing shall not apply where warnings are already stated on the container or where any other ground specified by Ordinance of the Ministry of Employment and Labor exists. <Newly Inserted by Act No. 10968, Jul. 25, 2011> |
| (6) | Where a person who transfers or provides a controlled chemical substance must modify the contents of data about safety and health in handling the substance under paragraph (1), he/she shall reflect it in the data and shall promptly provide the modified data to the person to whom the controlled chemical substance has been transferred or provided. The method for providing such data, the contents of such data, and other necessary matters shall be determined and publicly notified by the Minister of Employment and Labor. <Newly Inserted by Act No. 10968, Jul. 25, 2011> |
| (7) | A business owner shall take appropriate measures, including education on works, for safety and health of employees who handle a controlled chemical substance. In such cases, the timing for such education, the curriculum of the education, and the method for the education shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Newly Inserted by Act No. 10968, Jul. 25, 2011> |
| (8) | Where the Minister of Employment and Labor deems it necessary for maintaining safety and health of employees who handle a controlled chemical substance, he/she may order a person who transfers or provides a controlled chemical substance or a business owner who handles a controlled chemical substance, to submit material safety data sheets, or modify any matter specified in paragraph (1), as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011> |
| (9) | A business owner shall post guidelines for managing each work process in handling controlled chemical substances. <Amended by Act No. 10968, Jul. 25, 2011> |
| (10) | Where the Minister of Employment and Labor deems it necessary for maintaining employees’ health and safety, he/she may provide employees and business owners with materials containing material safety data sheets. <Amended by Act No. 10339, Jun. 4, 2010> |
| (11) | A medical doctor who provides medical services to employees, a health officer under Article 16 (including a specialized health management institution specified in paragraph (3) of the aforesaid Article), an occupational health doctor specified in Article 17, or the representative of employees may demand the person who transfers or provides a controlled chemical substance, or the business owner who handles a controlled chemical substance to provide information omitted in the material safety data sheets pursuant to paragraph (2) in order to maintain safety and health of employees, if an event that seriously affects employees’ health occurs or if any other ground specified by Ordinance of the Ministry of Employment and Labor exists. In such cases, the person requested to provide such information shall provide information, as determined and publicly notified by the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011; Act No. 11882, Jun. 12, 2013> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 41-2 (Assessment of Danger) |
| (1) | A business owner shall detect harmful or dangerous factors caused by buildings, machinery and apparatus, equipment, raw materials, gas, steam, dust, etc., or those resulting from specific work behaviors or duties, and shall determine the degree of danger therof, and according to the result of the determination, shall take necessary measures pursuant to this Act and orders issued under this Act; he/she shall also take additional measures, where necessary for preventing danger to or impairing employees’ health. |
| (2) | Where a business owner has made assessment of danger under paragraph (1), he/she shall record and preserve the content and result thereof. |
| (3) | The methods, procedures, and timing for detecting harmful or dangerous factors, determining the degree of danger therof, and taking measures, and other necessary matters, shall be determined and publicly notified by the Minister of Employment and Labor. |
[This Article Newly Inserted by Act No. 11882, Jun. 12, 2013]
CHAPTER V MANAGING EMPLOYEES’ HEALTH
| Article 42 (Working Environment Measurement, etc.) |
| (1) | Business owners shall have a person qualified as prescribed by Ordinance of the Ministry of Employment and Labor measure the working environment of a place of business prescribed by Ordinance of the Ministry of Employment and Labor, which handles works harmful to health, to protect the health of employees from harmful factors and create a pleasant working environment, and then record and keep the results thereof and report them to the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor. In such cases, where a representative of employees so requests, the representative of employees may be represented when the working environment of a place of business is measured. <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) | The method and frequency for measuring working environments referred to in paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| (3) | A business owner shall inform employees at the place of business of the findings of the working environment measurement referred to in paragraph (1), and take measures in accordance with such findings, such as installing and improving facilities and equipment or undertaking of health examinations, for protecting the health of employees. <Amended by Act No. 11882, Jun. 12, 2013> |
| (4) | A business owner may entrust measuring working environments referred to in paragraph (1) and analyzing samples of such working environment measurement to a measurement institution designated by the Minister of Employment and Labor (hereinafter referred to as "designated measurement institution"). <Amended by Act No. 10339, Jun. 4, 2010> |
| (5) | Where a designated measurement institution to which working environment measurement is entrusted by a business owner under paragraph (4) has measured the working environment and submitted the findings in electronic form to the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor, it shall be deemed that the findings of measuring working environments under paragraph (1) have been reported. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 11882, Jun. 12, 2013> |
| (6) | A business owner shall personally, or have the institution which has measured working environments, hold an explanatory meeting on the findings of measuring working environments, upon request by the occupational safety and health committee under Article 19 or representative of employees. |
| (7) | The types of designated measurement institutions, the scope of their work, the requirements and procedures for designating any designated measurement institution, and other necessary matters shall be prescribed by Presidential Decree. |
| (8) | In order to ensure the accuracy of and confidence in the working environment measurement, the Minister of Employment and Labor shall evaluate capabilities of designated measurement institutions to measure and analyze the working environment; and shall guide and train based on the findings of the evaluation. In such cases, methods of the evaluation, guidance, and training and procedures therefor, etc. shall be determined and published by the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| (9) | Where it is necessary to upgrade the working environment measurement, the Minister of Employment and Labor may evaluate designated measurement institutions (including the evaluation under paragraph (8)) and publish the results of such evaluation. In such cases, the evaluation standards, etc. shall be set by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| (10) | Articles 15-2 and 15-3 shall apply mutatis mutandis to designated measurement institutions. <Amended by Act No. 14788, Apr. 18, 2017> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 42-2 (Reliability Evaluation on Working Environment Measurement) |
| (1) | Where the Minster of Employment and Labor deems it necessary for evaluating the accuracy and precision of the findings of measuring working environments under Article 42 (1), he/she may evaluate reliability. <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) | Business owners and employees shall proactively cooperate in evaluating reliability. |
| (3) | The methods, subjects, procedures, etc. of a reliability evaluation shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 43 (Health Examination) |
| (1) | A business owner shall arrange for institutions designated by the Minister of Employment and Labor or institutions conducting health examination pursuant to the National Health Insurance Act (hereinafter referred to as "health examination institution"), to examine employees’ health in order to protect and maintain his/her employees’s health. In such cases, such health examinations shall be conducted in the presence of the representative of employees, if so requested by the representative of employees. <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) | Where deemed necessary for protecting employees’ health, the Minister of Employment and Labor may order a business owner to conduct a provisional health examination for specific employees or take other necessary matters. <Amended by Act No. 10339, Jun. 4, 2010> |
| (3) | Each employee shall undergo health examinations provided by his/her business owner under paragraphs (1) and (2): Provided, That where any employee does not wish to undergo the health examination conducted by any health examination institution designated by the business owner, such employee may undergo a health examination corresponding thereto conducted by another health examination institution and submit written results of his/her health examination to the business owner. |
| (4) | Where a health examination institution has conducted health examination under paragraphs (1) and (2), it shall notify the relevant employees and business owner of the results therof, and report them to the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| (5) | Where deemed necessary for maintaining employees’ health, as a result of the health examinations pursuant to paragraphs (1) and (2) or other statutes, the business owner shall take appropriate measures, such as relocating the place of business, converting work, reducing working hours, restricting night work (referring to work between 10:00 p.m. and 6:00 a.m.), measuring working environments, installing and improving facilities and equipment, etc. <Amended by Act No. 11882, Jun. 12, 2013> |
| (6) | Upon request by the occupational health and safety committee under Article 19 or the representative of employees, a business owner shall directly explain the result of the health examination or require the health examination institution which have conducted the health examination to explain the result of the health examination: Provided, That the result of the health examination of each employee may not be disclosed to the public without his/her consent. |
| (7) | No business owner shall use the results of any health examination conducted under paragraphs (1) and (2) for other than the purpose of protecting and maintaining the health of employees. |
| (8) | Necessary matters concerning the category, timing, frequency, item and cost of the health examinations and the designation and management of health examination institutions under paragraph (1), conducting provisional heath examinations under paragraph (2), proper measures under paragraph (5), and other matters necessary for conducting health examinations shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| (9) | The Minister of Employment and Labor shall evaluate capabilities of a health examination institution to conduct the health examination and analysis in order to ensure the accuracy of and confidence in the health examination, and guide and educate them based on the results of the evaluation. In such cases, methods of evaluation, guidance and education and procedures therefor shall be determined and published by the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| (10) | The Minister of Employment and Labor may evaluate institutions designated by the Minister of Employment and Labor (including evaluations under paragraph (9)) under paragraph (1), from among health examination institutions to improve the health examination, and announce the results thereof. In such cases, necessary matters concerning the standards and methods of evaluation and methods of announcement shall be determined by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| (11) | Articles 15-2 and 15-3 shall apply mutatis mutandis to institutions designated by the Minister of Employment and Labor pursuant to paragraph (1), from among health examination institutions. In such cases, “specialized safety management institution” shall be construed as “health examination institution.” <Amended by Act No. 10339, Jun. 4, 2010; Act No. 11882, Jun. 12, 2013; Act No. 14788, Apr. 18, 2017> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 43-2 (Epidemiological Inspections) |
| (1) | Where deemed necessary to diagnose and prevent an occupational disease and to ascertain the cause thereof, the Minister of Employment and Labor may epidemiologically inspect an occupational disease (hereinafter referred to as "epidemiological inspection") regarding the correlation between the relevant employee's disease and harmful factors at the place of business. <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) | A business owner and employees shall fully cooperate with an epidemiological inspection, and shall not reject, interfere with, or evade such inspection without good cause. <Amended by Act No. 10968, Jul. 25, 2011> |
| (3) | Where deemed necessary for an epidemiological inspection, the Minister of Employment and Labor may request relevant institutions to present the results of health examination of employees under Article 43, records of benefit in kind and results of health examination under the National Health Insurance Act, employment information under the Employment Insurance Act, and information on a disease and a cause of death under the Cancer Control Act. In such cases, the institutions so requested shall comply therewith, except in extenuating circumstances. <Amended by Act No. 10339, Jun. 4, 2010> |
| (4) | The methods of, subject matter of, and procedures for epidemiological inspections and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 44 (Health Management Pocketbooks) |
| (1) | The Minister of Employment and Labor shall issue a health management pocketbook to persons who meet certain requirements, in order to detect, in early stages, occupational diseases of persons engaged in any work liable to cause health impairment, and also to continuously manage their health. In such cases, detailed matters with respect to types of work liable to cause health impairment and the said certain requirements shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 11882, Jun. 12, 2013> |
| (2) | Where a person who receives a health management pocketbook applies for benefit in kind under Article 41 of the Industrial Accident Compensation Insurance Act, he/she may present his/her health management pocketbook in lieu of a referral regarding the relevant accident issued by a medical doctor after the first medical examination. <Newly Inserted by Act No. 11882, Jun. 12, 2013> |
| (3) | No person issued a health management pocketbook referred to in paragraph (1) shall transfer or lend it to any third person. |
| (4) | The content, form, and usage of a health management pocketbook and other matters necessary for issuing the same shall be determined by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 45 (Prohibition of and Restriction on Work by Persons Suffering from Disease) |
| (1) | With respect to any person suffering from a contagious or mental disease, or a disease likely to be exacerbated by work and which is prescribed by Ordinance of the Ministry of Employment and Labor, a business owner shall prohibit or restrict the person’s work according to the diagnosis of the doctor. <Amended by Act No. 9847, Dec. 29, 2009; Act No. 10339, Jun. 4, 2010> |
| (2) | Where an employee who has been banned or suspended from working pursuant to paragraph (1) recovers, the relevant business owner shall promptly permit him/her to resume work. |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 46 (Restriction on Extension of Working Hours) |
With respect to an employee engaged in harmful or dangerous work which is prescribed by Presidential Decree, no business owner shall require him/her to work in excess of six hours per day or thirty-four hours per week.
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 47 (Restriction on Employment by Qualification, etc.) |
| (1) | For harmful or dangerous work prescribed by Ordinance of the Ministry of Employment and Labor, no business owner shall permit any person, other than those qualified, licensed, experienced, or skilled as required, to perform such work. <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) | The Minister of Employment and Labor may designate educational institutions, so that those holding qualification or license referred to in paragraph (1) may undergo training, or employees may acquire skills. <Amended by Act No. 10339, Jun. 4, 2010> |
| (3) | The qualifications, licenses, experience, and skill under paragraph (1) and the requirements and procedures for designating an educational institution under paragraph (2), and other necessary matters, shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| (4) | Article 15-2 shall apply mutatis mutandis to educational institutions under paragraph (2). |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
CHAPTER VI SUPERVISION AND ORDERS
| Article 48 (Submission, etc. of Plans for Prevention of Harm and Dangers) |
| (1) | Where an owner of business of a type and scale prescribed by Presidential Decree, installs or moves any structure, machinery, apparatus, and equipment directly related to the processes of manufacturing the relevant products, or makes any major structural alteration thereto, he/she shall formulate a plan for preventing any harm and danger prescribed in this Act or ordered pursuant to this Act (hereinafter referred to as "plan for prevention of harm and danger") and submit it to the Minister of Employment and Labor in accordance with Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) | Paragraph (1) shall apply mutatis mutandis to any business owner who intends to install or relocate machinery, apparatuses, and equipment, etc. determined by Ordinance of the Ministry of Employment and Labor, which fall under any of the following subparagraphs, and intends to structurally altar the same substantially: <Amended by Act No. 10339, Jun. 4, 2010> |
| 1. | Machinery, apparatuses, equipment, etc. which require harmful or dangerous work; |
| 2. | Machinery, apparatuses, equipment, etc. used at a harmful or dangerous place; |
| 3. | Machinery, apparatuses, equipment, etc. used for preventing health problems. |
| (3) | Where a construction business owner intends to commence construction works specified by Ordinance of the Ministry of Employment and Labor, he/she shall formulate a plan for preventing harm and danger, after hearing an opinion from a person with qualification prescribed by Ordinance of the Ministry of Employment and Labor, and shall submit the plan to the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor: Provided, That if a construction company meets the standards prescribed by Ordinance of the Ministry of Employment and Labor regarding the incidence rate of industrial accidents and other relevant factors, it shall skip hearing opinions from a person qualified as prescribed by Ordinance of the Ministry of Employment and Labor, but shall prepare a plan for preventing harm and dangers, review the plan on its own, prepare a report on the results of the review, submit the report to the Minister of Employment and Labor, and keep duplicate set of the report in the relevant place of business. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011> |
| (4) | Where the Minister of Employment and Labor deems it necessary for employees’ health and safety after reviewing a plan for prevention of harm and dangers referred to in paragraphs (1) through (3), he/she may order the relevant work or construction to be suspended or the plan to be amended. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 11882, Jun. 12, 2013> |
| (5) | A business owner who has submitted a plan for preventing harm and danger under paragraphs (1) through (3) shall obtain verification from the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 49 (Safety and Health Inspections, etc.) |
| (1) | The Minister of Employment and Labor may order a place of business prescribed by Ordinance of the Ministry of Employment and Labor to undergo a safety and health inspection conducted by an entity designated by the Minister of Employment and Labor (hereinafter referred to as "safety and health inspection institution"). <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) | Each business owner shall cooperate positively in safety and health inspection activities referred to in paragraph (1), and shall not refuse, interfere with, or evade such inspection without justifiable grounds. In such cases, where requested by the representative of employees, each business owner shall allow the representative of employees to witness the safety and health inspections. |
| (3) | The Minister of Employment and Labor may evaluate safety and health inspection institutions and publish the results of such evaluation. In such cases, matters necessary for standards and methods for evaluation, and for publishing results thereof shall be prescribed by Ordinance of Ministry of Employment and Labor. <Newly Inserted by Act No. 14788, Apr. 18, 2017> |
| (4) | The content of safety and health inspections under paragraph (1), requirements and procedures for designating safety and health inspection institutions, and other necessary matters shall be prescribed by Presidential Decree. <Amended by Act No. 14788, Apr. 18, 2017> |
| (5) | Article 15-2 shall apply mutatis mutandis to safety and health inspection institutions. <Amended by Act No. 14788, Apr. 18, 2017> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 49-2 (Submitting, etc. Process-Safety Reports) |
| (1) | A business owner of a place of business equipped with harmful or dangerous facilities specified by Presidential Decree shall prepare a process-safety report and submit it to the Minister of Employment and Labor for review in order to prevent an accident likely to immediately injure employees in the place of business or the neighborhood of the place of business, such as by a dangerous substance leaking from the facilities, fire, explosion, or any other accident specified by Presidential Decree (hereafter in this Article referred to as "serious industrial accident"). In such cases, no related facility shall be operated until it is notified that the content of the process-safety report are appropriate for preventing serious industrial accidents. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011> |
| (2) | In preparing a process-safety report under paragraph (1), a business owner shall undergo deliberation by the occupational health and safety committee under Article 19: Provided, That for a place of business where no occupational health and safety committee is established, opinions of the representatives of employees shall be heard. |
| (3) | The Minister of Employment and Labor shall review the process-safety report submitted pursuant to paragraph (1), as prescribed by Ordinance of the Ministry of Employment and Labor, and may issue an order to amend the process-safety report, if he/she deems it necessary for maintaining and improving safety and health of employees. <Amended by Act No. 10968, Jul. 25, 2011> |
| (4) | If the Minister of Employment and Labor deems, after reviewing the process-safety report submitted pursuant to paragraph (1), that the content thereof are appropriate for preventing serious industrial accidents, he/she shall notify the relevant business owner of the results in writing. <Newly Inserted by Act No. 10968, Jul. 25, 2011> |
| (5) | If a business owner is notified of the results of the review of a process-safety report pursuant to paragraph (4), he/she shall keep the process-safety report in his/her place of business. <Newly Inserted by Act No. 10968, Jul. 25, 2011> |
| (6) | A business owner referred to in paragraph (5) shall be subject to verification by the Minister of Employment and Labor as to whether the owner actually implements the content of the process-safety report, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011> |
| (7) | A business owner and his/her employees shall observe the content of a process-safety report. |
| (8) | If it is required to amend the content of a process-safety report kept in a place of business pursuant to paragraph (5) because an event occurs, the relevant business owner shall supplement the report without delay. <Amended by Act No. 10968, Jul. 25, 2011> |
| (9) | The Minister of Employment and Labor may evaluate the implementation of a process-safety report regularly, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| (10) | If the Minister of Employment and Labor finds upon evaluating the implementation of a process-safety report under paragraph (9), that the supplementation made pursuant to paragraph (8) by the business owner of the relevant place of business is substandard, he/she may order the business owner to re-submit the process-safety report. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 50 (Health and Safety Improvement Plan) |
| (1) | Where the Minister of Employment and Labor deems it necessary to take comprehensive improvement measures for preventing industrial accidents regarding any of the following places of business, he/she may order the relevant business owner to formulate and implement a health and safety improvement plan regarding the place of business, facilities, and other matters, as prescribed by Ordinance of the Ministry of Employment and Labor: <Amended by Act No. 11882, Jun. 12, 2013> |
| 1. | A place of business with an industrial accident rate exceeding the average industrial accident rate based upon scale of the same business; |
| 2. | A place of business at which a serious accident has occurred because its business owner fails to comply with the duty to take safety and health measures; |
| 3. | A place of business which exceeds the exposure limit to harmful factors under Article 39 (2). |
| (2) | Where the Minister of Employment and Labor issues an order under paragraph (1), if deemed necessary, he/she may order the relevant business owner to undergo a health and safety inspection referred to in Article 49 (1), and formulate and submit a health and safety improvement plan, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| (3) | Where a business owner formulates a health and safety improvement plan under paragraph (1), he/she shall undergo deliberation by the occupational health and safety committee under Article 19: Provided, That in cases of a place of business where no occupational health and safety committee is established, he/she shall hear the opinion of the representative of its employees. |
| (4) | Business owners and employees shall observe the relevant safety and health improvement plan. |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 51 (Supervisory Measures) |
| (1) | Where a labor inspector specified in Article 101 of the Labor Standards Act deems it necessary to enforce this Act or any order issued under this Act, as prescribed by Ordinance of the Ministry of Employment and Labor, he/she may visit any of the following places to question the relevant persons, inspect account books, documents, and other items, conduct a safety and health checkup, and collect products, raw materials, or devices without compensation up to the extent necessary for inspection. In such cases, the labor inspector shall notify the relevant business owner or any other relevant person, of the results thereof in writing: <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011; Act No. 11882, Jun. 12, 2013; Act No. 14788, Apr. 18, 2017> |
| 1. | The place of business; |
| 2. | The office of an institution specified in Article 15 (4), 16 (3), 30-2 (1), 31 (5), 31-2 (1), 32 (3), 34-5 (1), 36 (5), 36-2 (3), 38-2 (2), 42 (4), 43 (1), or 49 (1); |
| 3. | Offices of an asbestos dismantler or remover; |
| 4. | Offices of an instructor registered pursuant to Article 52-4. |
| (2) | Where the Minister of Employment and Labor deems it necessary for enforcing this Act or any order issued under this Act, he/she may order any business owner, employee, or instructor registered under Article 52-4, to submit a report or to be present to state his/her opinions. <Amended by Act No. 10339, Jun. 4, 2010> |
| (3) | Where the Minister of Employment and Labor deems it necessary for exercising authority entrusted to the Agency under Article 65, he/she may allow an employee of the Agency to visit a place of business to conduct any inspection, guidance, etc. necessary for preventing industrial accidents; or, if necessary to conduct epidemiological inspections, to question the relevant persons, or to request them to submit necessary documents. <Amended by Act No. 10339, Jun. 4, 2010> |
| (4) | Where an employee of the Agency has conducted any inspection or provided guidance services pursuant to paragraph (3), he/she shall report the results to the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| (5) | Where a person visits a place of business or an office of an instructor under paragraphs (1) and (3), he/she shall carry a certificate indicating his/her authority and produce it to related persons. |
| (6) | Where the Minister of Employment and Labor deems it necessary following an inspection, etc. referred to in paragraphs (1) and (4), he/she may order the relevant business owner to replace, discontinue using, or remove any structure or annex, machinery, apparatus, equipment, or raw materials, or to improve facilities and take other measures necessary for the health and safety of employees. In such cases, the business owner subject to an order issued by the Minister of Employment and Labor shall display a list of matters ordered in a place readily visible to employees, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
| (7) | Where the Minister of Employment and Labor determines any danger of an industrial accident is imminent, or that an order referred to in paragraph (6) is disobeyed or a dangerous condition has not been removed or rectified, he/she may order full or partial suspension of the work related to the relevant machinery and equipment. <Amended by Act No. 10339, Jun. 4, 2010> |
| (8) | In cases falling under paragraphs (1) and (4), if it is deemed necessary for preventing industrial accidents, the Minister of Employment and Labor may order employees to take proper measures, such as the observance of health and safety management regulations under Article 20. <Amended by Act No. 10339, Jun. 4, 2010> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 51-2 (Request, etc. for Suspension of Business) |
| (1) | Where industrial accidents falling under any of the following subparagraphs, caused by the business owner, have occurred, the Minister of Employment and Labor may request the suspension of the relevant business or other sanctions as prescribed in the provisions of the relevant statutes to the head of the relevant administrative agency, or request the head of a public institution under Article 4 of the Act on the Management of Public Institutions, to impose necessary restrictions in placing an order of the business performed by the relevant institution on the relevant business operator: <Amended by Act No. 10339, Jun. 4, 2010> |
| 1. | Where accidents prescribed by Presidential Decree occur, such as multiple employees dying or areas adjacent to a place of business being seriously damaged, due to contravention of Article 23, 24, or 29; |
| 2. | Where work in contravention of an order under Article 51 (6) or (7) results in death of a employee. |
| (2) | The head of the administrative agency concerned or a public institution, who has received a request under paragraph (1) shall comply therewith, except in extenuating circumstances, and inform the Minister of Employment and Labor of the result of the measures taken. <Amended by Act No. 10339, Jun. 4, 2010> |
| (3) | The procedures for requesting suspension of business under paragraph (1) and other necessary matters shall be determined by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 52 (Reporting to Supervisory Body) |
| (1) | Where this Act or order issued under this Act is violated at a place of business, any employee may report it to the Minister of Employment and Labor or labor inspector. <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) | No business owner shall dismiss or mistreat any employee for filing a report under paragraph (1). |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
CHAPTER VI-2 OCCUPATIONAL SAFETY INSTRUCTORS AND OCCUPATIONAL HEALTH INSTRUCTORS
| Article 52-2 (Duties of Instructors) |
| (1) | Occupational safety instructors shall perform the following duties: <Amended by Act No. 11882, Jun. 12, 2013> |
| 1. | Evaluating and instructing on safety in work processes; |
| 2. | Evaluating and instructing on preventing harm and danger; |
| 3. | Preparing plans and reports referred to in subparagraphs 1 and 2; |
| 4. | Other matters concerning occupational safety determined by Presidential Decree. |
| (2) | Occupational health instructors shall perform the following duties at the request of any third person: <Amended by Act No. 11882, Jun. 12, 2013> |
| 1. | Evaluating and instructing on improving working environments; |
| 2. | Preparing plans and reports related to improving working environments; |
| 3. | Instructing on the ex-post management following the health examinations of employees; |
| 4. | Diagnosing occupational diseases (limited to occupational health instructors who are doctors under the Medical Service Act) and instructing to prevent the same; |
| 5. | Researching and studying occupational health; |
| 6. | Other matters concerning occupational health determined by Presidential Decree. |
| (3) | Matters related to each category by service field, scope of service, etc. of occupational health instructors (hereinafter referred to as "instructor"), shall be prescribed by Presidential Decree. <Amended by Act No. 11882, Jun. 12, 2013> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 52-3 (Qualification and Examination of Instructors) |
| (1) | A person who passes the examination for instructors held by the Minister of Employment and Labor shall be qualified as an instructor. <Amended by Act No. 11882, Jun. 12, 2013> |
| (2) | A person qualified as prescribed by Presidential Decree may be partially exempted from the examination for instructors referred to in paragraph (1). <Amended by Act No. 10339, Jun. 4, 2010; Act No. 11882, Jun. 12, 2013> |
| (3) | The Minister of Employment and Labor may entrust the management of the examination for instructors referred to in paragraph (1) to a professional agency prescribed by Presidential Decree. In such cases, the Minister of Employment may subsidize the expenses incurred in performing entrusted tasks, within budgetary limits. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 11882, Jun. 12, 2013> |
| (5) | The subjects of the examination for instructors, scope of exemption from examination for those holding other qualifications, and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 52-4 (Registration of Instructors) |
| (1) | Where an instructor intends to commence providing services, he/she shall register with the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 11882, Jun. 12, 2013> |
| (2) | Any instructor registered under paragraph (1) may incorporate a corporation to provide services systematically and professionally. |
| (3) | None of the following persons may register under paragraph (1): <Amended by Act No. 11882, Jun. 12, 2013; Act No. 13906, Jan. 27, 2016> |
| 1. | A person under adult guardianship or a person under limited guardianship; |
| 2. | A person declared bankrupt who has not been reinstated; |
| 3. | A person who was sentenced to imprisonment without prison labor or heavier punishment, and for whom two years have not passed from the date on which the execution of the sentence imposed was terminated (including where the execution of the sentence is deemed terminated) or remitted; |
| 4. | A person who is under a suspended sentence of imprisonment without labor or heavier punishment as declared by a court; |
| 5. | A person who is sentenced to a fine for violating this Act and for whom one year has not passed from the date of such sentence; |
| 6. | A person for whom two years have not passed since registration was revoked under Article 52-15. |
| (4) | Any instructor registered pursuant to paragraph (1) shall renew the registration every five years, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 11882, Jun. 12, 2013> |
| (5) | Renewing registration under paragraph (4) may be completed only by instructors who have actual records of having given instructions prescribed by Ordinance of the Ministry of Employment and Labor. In such cases, instructors whose actual records of instructions do not meet the standards determined by Ordinance of the Ministry of Employment and Labor shall undergo the supplementary education determined by Ordinance of the Ministry of Employment and Labor. <Newly Inserted by Act No. 11882, Jun. 12, 2013> |
| (6) | The provisions concerning unlimited partnerships in the Commercial Act shall apply to corporations under paragraph (2). |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 52-5 (Direction for Instructors) |
The Minister of Employment and Labor may entrust the following to the Agency: <Amended by Act No. 10339, Jun. 4, 2010>
| 1. | Direction and liaison for instructors, and forming and maintaining a system for sharing information; |
| 2. | Settling grievances and complaints of business owners related to services provided by instructors, and mediating disputes concerning related losses; |
| 3. | Other matters necessary for developing services of instructors, as determined by Ordinance of the Ministry of Employment and Labor. |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 52-6 (Confidentiality) |
No instructor shall divulge or appropriate any confidential information he/she has learned in the course of performing his/her duties.
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 52-7 (Liability for Damages) |
| (1) | Where an instructor causes any loss to any of his/her clients intentionally or by negligence in connection with the performance of his/her service, he/she shall be liable to compensate such damage. |
| (2) | Any instructor registered under Article 52-4 (1) shall subscribe to a guarantee insurance or take other necessary measures to indemnify for loss referred to in paragraph (1), as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 52-8 (Prohibition of Use of Similar Title) |
No person, other than an instructor registered under Article 52-4 (1), shall use the title occupational safety instructor, occupational health instructor, or any similar. <Amended by Act No. 11882, Jun. 12, 2013> [This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 52-9 (Sanctions against Cheating) |
Where the Minister of Employment and Labor discovers that an examinee cheats in an instructor examination, he/she shall declare the examination result of the examinee void and shall bar such examinee from re-applying for an examination for five years from the date of such disposition.
[This Article Newly Inserted by Act No. 10968, Jul. 25, 2011]
| Article 52-10 (Education of Instructors) |
Where a person qualified as instructor (excluding persons prescribed by Presidential Decree among those falling under Article 52-3 (2)) intends to commence as an instructor, he/she shall undergo such training education for up to one year as prescribed by Ordinance of the Minister of Employment and Labor before being registered under Article 52-4. [This Article Newly Inserted by Act No. 11882, Jun. 12, 2013]
| Article 52-11 (Maintenance of Dignity and Duty of Good Faith Practices) |
| (1) | An instructor shall, at all times, maintain dignity and perform his/her duties impartially and in good faith. |
| (2) | An instructor shall affix signature or seal on each document he/she prepares or verifies pursuant to Article 52-2 (1) or (2). |
[This Article Newly Inserted by Act No. 11882, Jun. 12, 2013]
| Article 52-12 (Prohibited Conduct) |
No instructor shall engage in any of the following conduct:
| 1. | Causing a client to breach any of his/her duties under any statute, falsely or otherwise unjustly; |
| 2. | Causing a client to neglect to make a declaration or report or perform other duties under any statute; |
| 3. | Guide and consult on acts in violation of any statute. |
[This Article Newly Inserted by Act No. 11882, Jun. 12, 2013]
| Article 52-13 (Application for Inspection of Related Books) |
Where necessary for performing his/her duties under Article 52-2, an instructor may apply for the inspection of related records and documents with the relevant business owner. In such cases, no business owner who receives an application for the inspection shall reject it without any justifiable ground, if it has been filed to fulfill the duties under Article 52-2 (1) or (2). [This Article Newly Inserted by Act No. 11882, Jun. 12, 2013]
| Article 52-14 (Prohibition of Act, etc. of Lending Qualification) |
No instructor shall allow any third person to perform any task of that instructor by using his/her name or name of his/her office; nor lend his/her qualification certificate or registration certificate.
[This Article Newly Inserted by Act No. 11882, Jun. 12, 2013]
| Article 52-15 (Revocation, etc. of Registration) |
Where an instructor falls under any of the following, the Minister of Employment and Labor may revoke his/her registration or order the suspension of his/her business for a fixed period not exceeding two years: Provided, That where an instructor falls under any of subparagraphs 1 through 3, his/her registration shall be revoked:
| 1. | Where he/she obtains registration or registration for renewal by fraud or other improper means; |
| 2. | Where he/she performs his/her business during a period of suspension of business; |
| 3. | Where he/she falls under any of Article 52-4 (3) 1 through 5; |
| 5. | Other cases determined by Presidential Decree where reasonable grounds exist, corresponding to any of subparagraphs 1 through 4. |
[This Article Newly Inserted by Act No. 11882, Jun. 12, 2013]
CHAPTER VII (Articles 53 through 60) DELETED.
CHAPTER VIII SUPPLEMENTARY PROVISIONS
| Article 61 (Industrial Accident Prevention Facilities) |
The Minister of Employment and Labor may install and operate the following industrial accident prevention facilities: <Amended by Act No. 10339, Jun. 4, 2010; Act No. 11882, Jun. 12, 2013>
| 1. | Facilities for guiding, researching, and training on occupational health and safety; |
| 2. | Facilities for measuring the working environment and assessment of health and safety; |
| 3. | Facilities for maintaining and promoting employees’ health; |
| 4. | Such other facilities for preventing industrial accidents as prescribed by Ordinance of the Ministry of Employment and Labor. |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 61-2 (Honorary Occupational Safety Inspectors) |
| (1) | The Minister of Employment and Labor may appoint an honorary occupational safety inspector from among employees, or persons affiliated with organizations of employees or business owners, and professional agencies concerning preventing industrial accidents, for promoting participation in and support for prevention activities of industrial accidents. <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) | No business owner shall treat an honorary occupational safety inspector unfavorably due to his/her lawful activities as an honorary occupational safety inspector. |
| (3) | The method of appointing honorary occupational safety inspectors under paragraph (1), categories of business thereof, and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 61-3 (Financial Resources to Prevent Accidents) |
| 1. | Expenses incurred by facilities related to accident prevention and to operating said facilities; |
| 2. | Expenses incurred in the projects related to accident prevention, the entrustment of affairs to nonprofit corporations, and the operation and management of the Fund; |
| 3. | Business expenses incurred in other projects necessary for accident prevention, approved by the Minister of Employment and Labor. |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 62 (Promotion of Industrial Accident Prevention Projects) |
| (1) | The Government may fully or partially subsidize business owners, organizations of business owners or employees, professional agencies for preventing industrial accidents, or research institutions, etc. for expenses incurred in industrial accident prevention projects designated by Presidential Decree, within budgetary limits, or provide other necessary support (hereinafter referred to as "subsidies or support"). In such cases, the Minister of Employment and Labor shall manage and supervise such subsidies or support to be used efficiently in compliance with the purpose of industrial accident prevention projects. <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) | Where a person who has obtained subsidies or support falls under any of the following subparagraphs, the Minister of Employment and Labor shall terminate such subsidies or support fully or partially: Provided, That if such person falls under subparagraph 1 or 2, such subsidization or support shall be completely terminated: <Newly Inserted by Act No. 10968, Jul. 25, 2011> |
| 1. | Where he/she has obtained subsidies or support fraudulently or otherwise unjustly; |
| 2. | Where he/she closes down his/her business or is declared bankrupt; |
| 3. | Where he/she has willfully sold, destroyed, or lost the matter eligible for subsidies or support or fails to maintain, manage, or use the matter eligible for subsidies or support in conformity with the purpose of support; |
| 4. | Where subsidies or support has not been used appropriately for purposes of the projects for preventing industrial accidents under paragraph (1); |
| 5. | Where he/she relocates the facility or equipment eligible for subsidies or support, to a foreign country before the period of eligibility for subsidies or support ends; |
| 6. | Where a business owner who has received subsidies or support breaches his/her duty to take measures for safety and health pursuant to Article 23 (1) through (3) or 24 (1) and causes an industrial accident, as specified by Ordinance of the Ministry of Employment and Labor. |
| (3) | When the Minister of Employment and Labor terminates subsidies or support fully or partially pursuant to paragraph (2), he/she shall recover the subsidy or an amount equivalent to support, and may additionally collect the amount not exceeding that paid in cases referred to in paragraph (2) 1: Provided, That the foregoing shall not apply where subsidization or support is terminated because the person eligible for subsidies or support is declared bankrupt as referred to in paragraph (2) 2. <Amended by Act No. 10968, Jul. 25, 2011> |
| (4) | A person for whom subsidization or support is fully or partially terminated pursuant to paragraph (2) may be barred from subsidies or support for a specified period not exceeding three years from the date subsidization or support is terminated, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10968, Jul. 25, 2011> |
| (5) | Matters subject to subsidies or support, the methods and procedures for subsidization or support, the management and supervision of subsidization or support, the methods for termination and recovery under paragraphs (2) and (3), and other necessary matters shall be determined and publicly notified by the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 63 (Confidentiality) |
Any person who conducts safety certification under Article 34, who conducts affairs concerning the receipt of reports under Article 35, who conducts a safety inspection under Article 36, who conducts affairs concerning approval for a self-inspection program under Article 36-2, who examines reports on or results of the investigation of harmfulness and danger, submitted under Article 40 (1) or (6), who examines data on health and safety in handling substances submitted under Article 41 (8), who is furnished with information which is not included in the data on health and safety in handling substances under Article 41 (11), who conducts a health examination under Article 43, who conducts an epidemiological inspection under Article 43-2, who examines a plan for prevention of harm and dangers submitted under Article 48, who conducts a health and safety inspection under Article 49, or who reviews a process-safety report under Article 49-2, shall be prohibited from divulging any confidential information he/she becomes aware of in the course of performing his/her duties: Provided, That this shall not apply where the Minister of Employment and Labor deems it necessary for preventing impairing employees’ health. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011; Act No. 11882, Jun. 12, 2013> [This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 63-2 (Hearings and Criteria for Dispositions) |
| (1) | When the Minister of Employment and Labor intends to make any of the following dispositions, he/she shall hold a hearing: <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011; Act No. 11882, Jun. 12, 2013; Act No. 13906, Jan. 27, 2016; Act No. 14788, Apr. 18, 2017> |
| 1. | Revoking designation under Article 15-2 (1) (including cases to which the aforesaid provisions shall apply mutatis mutandis pursuant to Article 16 (3), 16-3 (3), 30-2 (3), 34-5 (4), 36 (10), 36-2 (8), 38-2 (8), 42 (10), 43 (11), 47 (4), or 49 (5)); |
| 2. | Revoking authorization pursuant to Article 28 (4); |
| 3. | Revoking safety certification pursuant to Article 34-3 (1); |
| 4. | Revoking approval for a self-inspection program pursuant to Article 36-2 (4); |
| 6. | Revoking permission pursuant to Article 38 (5); |
| 8. | Terminating subsidies or support pursuant to Article 62 (2). |
| (2) | Standards for revoking, suspending, prohibiting the use, or improvement orders under Article 15-2 (1) (including cases to which the aforesaid provisions shall apply mutatis mutandis pursuant to Article 16 (3), 16-3 (3), 30-2 (3), 32-3, 34-5 (4), 36 (10), 36-2 (8), 38-2 (8), 38-4 (6), 42 (10), 43 (11), 47 (4), or 49 (5)), 28 (4), 34-3 (1), 35-3 (1), 36-2 (4), 36-3 (3), 37 (3), 38 (5), or 52-15, shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011; Act No. 11882, Jun. 12, 2013; Act No. 13906, Jan. 27, 2016; Act No. 14788, Apr. 18, 2017> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 64 (Preservation of Documents) |
Each business owner shall preserve each of the following documents for three years (two years in cases of those falling under subparagraph 3): Provided, That the period for preservation may be extended, as prescribed by Ordinance of the Ministry of Employment and Labor: <Amended by Act No. 11882, Jun. 12, 2013; Act No. 13906, Jan. 27, 2016>
| 1. | Records of incidence of industrial accidents under Article 10 (1); |
| 2. | Documents relating to appointing persons to be in charge of management, safety officers, health officers, a person in charge of safety and health management, and occupational health doctors under Articles 13, 15, 16, 16-3 and 17; |
| 4. | Documents describing matters specified by Ordinance of the Ministry of Employment and Labor with respect to measures taken for safety and health under Articles 23 and 24; |
| 5. | Documents concerning investigating harmfulness and danger of chemical substances under Article 40 (1) and (6); |
| 6. | Documents concerning measuring working environments under Article 42; |
| 7. | Documents concerning health examinations under Article 43. |
| (2) | A safety certification institution or safety inspection institution entrusted with affairs of the safety certification or the safety inspection shall preserve documents specified by Ordinance of the Ministry of Employment and Labor regarding the safety certification or the safety inspection for three years; a person who has obtained safety certification shall preserve records on products for which the safety certification has been issued pursuant to Article 34 (6) for three years; a person who manufactures or imports machinery, apparatuses, etc. subject to voluntary safety verification, shall preserve documents evidencing that such machinery, apparatuses, etc. meet the voluntary safety standards under Article 35 (2) for two years; and a person to undergo a safety inspection pursuant to Article 36 (1) shall preserve documents about the results of the inspection conducted according to the self-inspection program under Article 36-2 (2), for two years. <Newly Inserted by Act No. 10968, Jul. 25, 2011; Act No. 11882, Jun. 12, 2013> |
| (3) | An owner, etc. of a structure or facility which has undergone a general asbestos inspection shall preserve documents about the results of the inspection until works for dismantling or removing the structure or facility are completed; while an owner, etc. who has hired an asbestos inspection institute to conduct an asbestos inspection and an asbestos inspection institute shall preserve documents on the results of the inspection for three years. <Newly Inserted by Act No. 10968, Jul. 25, 2011> |
| (4) | A designated measurement institution shall preserve documents stating matters specified by Ordinance of the Ministry of Employment and Labor with respect to the measurement of working environment, for three years. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011> |
| (5) | Instructors shall preserve documents about matters specified by Ordinance of the Ministry of Employment and Labor regarding their services, for five years. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011> |
| (6) | Asbestos dismantlers or removers shall preserve documents specified by Ordinance of the Ministry of Employment and Labor regarding works for dismantling or removing asbestos under Article 38-4 (3), for thirty years. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011> |
| (7) | If documents specified in any provision of paragraphs (1) through (6) exist in electronic form, such electronic data may be preserved in lieu of the relevant documents. <Amended by Act No. 10968, Jul. 25, 2011> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 65 (Delegation and Entrustment of Authority, etc.) |
| (1) | Part of the authority of the Minister of Employment and Labor provided for in this Act may be delegated to the head of a regional employment and labor administrative office, as prescribed by Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010> |
| (2) | The Minister of Employment and Labor may entrust the following affairs, among the affairs assigned thereto under this Act, to the Agency, a non-profit corporation, or a relevant specialized institution, as prescribed by Presidential Decree: <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011; Act No. 11882, Jun. 12, 201; Act No. 14788, Apr. 18, 20173> |
| 1. | Affairs concerning the matters provided for in Article 4 (1) 2, 5 through 8 and 10; |
| 2. | Establishing and operating the standard formulation committee under Article 27 (2); |
| 3. | Evaluating safety and health under Article 28 (3); |
| 3-2. | Registering an institution providing basic education in construction business under Article 31-2 (1); |
| 4. | In-service education on safety and health under Article 32 (1); |
| 5. | Safety certification under Article 34 (2) and (4); |
| 6. | Confirming safety certification under Article 34 (5); |
| 7. | Affairs concerning reports under Article 35 (1); |
| 9. | Approving self-inspection programs under Article 36-2 (1); |
| 9-2. | Educating training inspectors under Article 36-2 (2) 2, and evaluating the designated inspection institutions under paragraph (6) of that Article; |
| 10-2. | Integratedly managing information about safety of harmful or dangerous machinery, etc. under Article 36-4 (1); |
| 11. | Evaluating institutions’ capability to conduct asbestos inspections under Article 38-2 (5) and instruction to, and education of, such institution; |
| 11-2. | Evaluating the asbestos inspection institutions under Article 38-2 (6); |
| 11-3. | Evaluating the safety of asbestos dismantlement and removal under Article 38-4 (4); |
| 11-4. | Evaluating the harmfulness and danger under Article 39 (3); |
| 12. | Providing materials relating to data about health and safety in handling substances under Article 41 (10); |
| 13. | Evaluating capability to measure and analyze working environments, and guidance and training under Article 42 (8); |
| 13-2. | Evaluating designated measurement institutions under Article 42 (9); |
| 13-3. | Evaluating reliability of the findings of measuring working environments under Article 42-2 (1); |
| 14. | Evaluating capability to conduct health examinations, and guiding and training pursuant to Article 43 (9); |
| 14-2. | Evaluating designated institutions charged with conducting health examinations under Article 43 (10); |
| 16. | Issuing health management pocketbooks under Article 44 (1); |
| 17. | Receiving, examining, and confirming plans to prevent harm and danger under Article 48; |
| 17-2. | Evaluating the safety and health checkup institutions under Article 49 (3); |
| 18. | Receiving and reviewing process-safety reports under Article 49-2 (1) and (3) and confirmation under Article 49-2 (6); |
| 18-2. | Supplementary education for instructors under Article 52-4 (5); |
| 18-4. | Establishing and operating facilities under subparagraph 3 of Article 61; |
| 19. | Subsidies and support under Article 62 (1) through (3) and terminating and recovering subsidies and support. |
| (3) | Executives or employees of a non-profit corporation or the relevant specialized institution entrusted under paragraph (2), shall be deemed public officials for the purpose of Articles 129 through 132 of the Criminal Act. |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| (1) | Each of the following persons shall pay fees, as prescribed by Ordinance of the Ministry of Employment and Labor: <Amended by Act No. 10339, Jun. 4, 2010; Act No. 13906, Jan. 27, 2016> |
| 1. | Any person who intends to undergo a safety and health evaluation under Article 28 (3); |
| 2. | A business owner who intends to require persons falling under each subparagraph of Article 32 (1) to complete in-service education; |
| 3. | Any person who intends to obtain safety certification under Article 34 (2) and (4); |
| 4. | Any person who intends to undergo confirmation under Article 34 (5); |
| 5. | Any person who intends to undergo a safety inspection under Article 36 (1); |
| 6. | Any person who intends to obtain approval for a self-inspection program under Article 36-2 (1); |
| 7. | Any person who intends to obtain permission under Article 38 (1); |
| 8. | Any person who intends to undergo education for acquiring the qualification and license under Article 47; |
| 9. | Any person who intends to submit for evaluation of a plan to prevent harm and danger under Article 48 (1) through (3); |
| 10. | Any person who intends to submit for an evaluation of process-safety report under Article 49-2; |
| 11. | Any person who desires to apply for an examination for instructors under Article 52-3; |
| 12. | Any person who intends to be registered under Article 52-4; |
| 13. | Any other person related to occupational health and safety as prescribed by Presidential Decree. |
| (2) | The Agency may require any person who benefits from the Agency’s services being performed to bear all or part of the expenses incurred in performing its services, upon obtaining approval from the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
CHAPTER IX PENALTY PROVISIONS
| Article 66-2 (Penalty Provisions) |
Any person liable for causing the death of any employee due to violation of Article 23 (1) through (3) or 24 (1) shall be punished by imprisonment for not more than seven years, or by a fine not exceeding 100 million won. [This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 67 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment for not more than five years, or by a fine not exceeding fifty million won: <Amended by Act No. 11882, Jun. 12, 2013>
| 2. | Any person who violates any order issued under Article 38 (5), 48 (4) or 51 (7). |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 67-2 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment for not more than three years or by a fine not exceeding twenty million won: <Amended by Act No. 10968, Jul. 25, 2011; Act No. 11882, Jun. 12, 2013>
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 68 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment for not more than one year or by a fine not exceeding ten million won: <Amended by Act No. 10968, Jul. 25, 2011; Act No. 11882, Jun. 12, 2013; Act No. 14788, Apr. 18, 2017>
| 1. | A person who conceals the occurrence of any industrial accident in violation of Article 10 (1) or a person who abets or conspires to conceal the fact of such occurrence; |
| 2. | A person who tampers with the scene of a serious accident, in violation of Article 26 (5); |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 69 (Penalty Provisions) |
Any of the following persons shall be punished by a fine not exceeding ten million won: <Amended by Act No. 10968, Jul. 25, 2011; Act No. 11882, Jun. 12, 2013>
| 2. | Any person who violates an order issued under Article 35-2 (4) or 40 (4) or (8); |
| 3. | Any person who fails to take a measure, such as establishing or improving relevant facilities and/or equipment, conducting health examinations, etc. to protect the health of employees according to the results of working environment measurement under Article 42 (3). |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 70 (Penalty Provisions) |
Any person who violates Article 29 (1) or (4) shall be punished by a fine not exceeding five million won. <Amended by Act No. 10968, Jul. 25, 2011> [This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 71 (Joint Penalty Provisions) |
Where a representative of a corporation or an agent, employee (including a supervisor), or other servant of a corporation or individual, commits an offence under Article 66-2, 67, 67-2, or 68 through 70 in connection with the business of the corporation or individual, not only shall such offender be punished, but the corporation or individual also shall be punished by a fine under each relevant Article: Provided, That this shall not apply where such corporation or individual has not neglected to give due attention and supervision concerning the relevant duties to prevent such offense. [This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
| Article 72 (Administrative Fines) |
| (1) | Any of the following persons shall be punished by an administrative fine not exceeding 50 million won: <Amended by Act No. 10968, Jul. 25, 2011> |
| 1. | A person who dismantles or removes a structure or facility without it undergoing an asbestos inspection by a designated institute under Article 38-2 (1); |
| 2. | A person who dismantles or removes a structure or facility, in violation of Article 38-5 (3). |
| (2) | Among persons who fail to report under Article 10 (2) or report falsely, a person who fails to report on the occurrence of a serious accident or so reports falsely shall be punished by an administrative fine not exceeding 30 million won. <Newly Inserted by Act No. 14788, Apr. 18, 2017> |
| (3) | Any of the following persons shall be punished by an administrative fine not exceeding 15 million won: <Amended by Act No. 10968, Jul. 25, 2011; Act No. 11882, Jun. 12, 2013; Act No. 13906, Jan. 27, 2016; Act No. 14788, Apr. 18, 2017> |
| 1. | A person who fails to report under Article 10 (2) or falsely reports (excluding a person who fails to report on the occurrence of a serious accident or so reports falsely); |
| 2. | A person who rejects, interferes with, or evades an epidemiological inspection in violation of Article 43-2 (2); |
| 3. | A person who rejects, interferes with, or evades a safety and health checkup in violation of the former part of Article 49-2 (2) or a person who, despite a request by the representative of employees, fails to allow the such representative to witness the safety and health checkup, in violation of the latter part of Article 49-2 (2). |
| (4) | Any of the following persons shall be punished by an administrative fine not exceeding 10 million won: <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011; Act No. 11882, Jun. 12, 2013; Act No. 13906, Jan. 27, 2016; Act No. 14788, Apr. 18, 2017> |
| 1. | A person who fails to submit materials concerning his/her/its contractor pursuant to Article 9-2 (3) or submits false materials; |
| 2. | A person who violates any provision of Article 29-3 (3), 29-4 (1), 30 (1) or (3), 34-2 (1), 36 (1) or (4), 36-2 (5), 39-2 (1), or 48 (1) through (3) (excluding a person who prepares and submits a plan for preventing harmfulness and danger without hearing opinions of qualified persons), the former part of Article 49-2 (1), or Article 49-2 (5) or (7); |
| 3. | A person who violates an order under Article 41 (8), 49 (1), or 50 (1) or (2); |
| 4. | A person who fails to measure the working environment under Article 42 (1); |
| 5. | Any person who fails to conduct a health examination of employees under Article 43 (1); |
| 6. | A person who refuses, interferes with or evades an inspection, checkup, or collection by a labor inspector under Article 51 (1). |
| (5) | Any of the following persons shall be punished by an administrative fine not exceeding five million won: <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011; Act No. 11882, Jun. 12, 2013; Act No. 13906, Jan. 27, 2016; Act No. 14788, Apr. 18, 2017> |
| 1. | A person who fails to keep or display a summary of this Act and orders issued under this Act, the safety and health management regulations, and material safety data sheets, in violation of Article 11 (1), 20 (1), or 41 (3); |
| 2. | A person who fails to prepare and provide material safety data sheets or fails to provide any information which is not entered in the data on health and safety in handling substances, in violation of Article 41 (1) or (11); |
| 3. | A person who violates any provision of the former part of Article 12, Article 13 (1), 14 (1), 15 (1), 16 (1), 16-3 (1), 17 (1), 18 (1), 18-2 (1), 19 (1) (including where a labor-management council has been established and operated pursuant to Article 29-2) or (5), 21, 29 (6), (7) or (9), 29-2 (7), 31 (1) through (3), 32 (1) (only applies in cases falling under subparagraph 1), 35-2 (1), 36 (3), 38-4 (2), 38-4 (2), 38-5 (1), 42 (6), 43 (6), 44 (3), 49-2 (2), 50 (3) or (4), or 52-4 (1); |
| 5. | A person who, when conducting working environment measurement under Article 42 (1) or a safety or health checkup under Article 43 (1), fails to allow the representative of employees to witness it, despite the request by the representative of employees; |
| 5-2. | A business owner who, when measuring working environments under Article 42 (1), fails to comply with the methods for working environment measurement prescribed by Ordinance of the Ministry of Employment and Labor (excluding where such measurement is entrusted to a designated measurement institution pursuant to Article 42 (4)); |
| 5-3. | A person who fails to inform employees working at the relevant place of business of the findings of measuring working environments under Article 42 (3); |
| 6. | A person who, though required by the Minister of Employment and Labor pursuant to Article 51 (2), fails to report or to appear or who falsely reports; |
| 7. | A person who fails to display matters ordered by the Minister of Employment and Labor, in violation of the latter part of Article 51 (6). |
| (6) | Any of the following persons shall be punished by an administrative fine not exceeding three million won: <Amended by Act No. 10339, Jun. 4, 2010; Act No. 10968, Jul. 25, 2011; Act No. 11882, Jun. 12, 2013; Act No. 13906, Jan. 27, 2016; Act No. 14788, Apr. 18, 2017> |
| 1. | A person who fails to notify the representative of employees, in violation of Article 11 (2); |
| 3. | A person who fails to receive guidance, in violation of Article 30-2 (1); |
| 4. | A person who fails to have his/her/its employees complete in-service education, in violation of Article 32 (1) (only applies in cases falling under subparagraph 2); |
| 4-2. | A person who fails to comply with an order to submit data pursuant to Article 34 (7); |
| 4-3. | A person who removes or dismantle a structure or facility without a general asbestos inspection required under Article 38-2 (1); |
| 5. | A person who fails to make a report to the Minister of Employment and Labor, in violation of Article 38-4 (3); |
| 6. | A person who fails to submit evidential materials under Article 38-5 (1); |
| 7. | A person who fails to submit a report on harmfulness and danger investigation under Article 40 (1), or fails to submit the results of a investigation of harmfulness and danger or any materials necessary for the assessment of harmfulness and danger under Article 40 (6); |
| 8. | A person who fails to display a warning notice or reflect changed content of safety and health data in handling substances, in violation of any provision of Article 41 (4) through (6), or who fails to provide education, in violation of Article 41 (7); |
| 9. | A person who fails to notify or report under Article 42 (1) or 43 (4) or false makes a report or notification; |
| 10. | A person who prepares and submits a plan for preventing harm and danger without hearing the opinions of qualified persons, in violation of Article 48 (3); |
| 11. | A person who fails to obtain verification from the Minister of Employment and Labor, in violation of Article 48 (5) or 49-2 (6); |
| 12. | A person who refuses, interferes with, or evades an answer to a question under Article 51 (1) or makes a false answer thereto; |
| 12-2. | A person who refuses, interferes with, or evades an inspection, instruction, etc. under Article 51 (3); |
| 13. | A person who fails to preserve documents, in violation of any provision of Article 64 (1) through (6). |
| (7) | Administrative fines under paragraphs (1) through (6) shall be imposed and collected by the Minister of Employment and Labor, as prescribed by Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010; Act No. 14788, Apr. 18, 2017> |
[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Safety Management Agencies, etc.)
| (1) | Safety management agencies and health management agencies designated by the Minister of Labor as at the time this Act enters into force shall be considered to have been designated by the Minister of Labor under Articles 15 and 16. |
| (2) | The Agency shall be deemed designated as a designated institution for education, inspection, measurement or diagnosis, which are to be designated by the Minister of Labor under this Act. |
Article 3 (Transitional Measures concerning Manufacturer, Importer, etc. of Protective Clothing)
| (1) | Any person who manufactures or imports protective clothing as at the time this Act enters into force, shall secure the manpower and facilities prescribed for in Article 35 (2) within six months from the date this Act enters into force. |
| (2) | Any person who manufactures and uses any harmful substance at the time when this Act enters into force, shall obtain permission for manufacturing and using the said harmful substance under Article 38 (1) within six months from the date this Act enters into force. |
Article 4 (Transitional Measures concerning Weekly Working Hours)
The 34 working hours per week prescribed in Article 46 of this Act shall be 35 hours until September 30, 1991 with respect to any harmful or dangerous work of enterprises employing not more than 300 persons, which is designated by the Minister of Labor, and until September 30, 1990 with respect to other enterprises. Article 5 (Transitional Measures concerning Penalty Provisions)
In applying the penalty provisions to any offence committed before this Act enters into force, such offence shall be subject to the former provisions.
Article 6 Omitted.
Article 7 (Relations with other Statutes)
Any citation of the provisions of the previous Occupational Safety and Health Act in other statutes before this Act enters into force, shall be deemed to cite the corresponding Articles of this Act.
ADDENDA <Act No. 4622, Dec. 27, 1993>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 4826, Dec. 22, 1994>
Article 1 (Enforcement Date)
This Act shall enter into force on May 1, 1995. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 4916, Jan. 5, 1995>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the provisions of Articles 41 (5) and 42 (5) shall enter into force on July 1, 1995; the provisions of Article 49-2, on January 1, 1996; the provisions of Articles 41 (excluding paragraph (5)) and 52-3, on July 1, 1996; and the provisions of Articles 52-2, 52-4 through 52-8, on January 1, 1997. Article 2 (Transitional Measures concerning Designation, Revocation of Designation, etc. of Safety Management Agencies, etc.)
The requirements for designation or permission, etc. of safety management agencies, etc. prescribed in Articles 15 (5), 30 (5), 31 (5), 36 (3), 38 (6), 42 (6) and 49 (3), shall be subject to the former provisions until such requirements, etc. are determined and enter into force by Presidential Decree. Article 3 (Transitional Measures concerning Deadline for Submission of Plans for Prevention of Harm and Danger)
The deadline for submission of plans to prevent harm and danger prescribed in Article 48 (1) and (3), shall be subject to the former provisions until it is determined and enforced by Ordinance of the Ministry of Labor. Article 4 (Transitional Measures concerning Harmful or Dangerous Equipment)
Any business owner of a place of business holding any harmful or dangerous equipment prescribed in Article 49-2 (1) as at the time this Act enters into force, shall prepare a process-safety report on all harmful or dangerous equipment, and submit it to the Minister of Labor, within such period as determined by Presidential Decree. Article 5 (Transitional Measures concerning Penalty Provisions)
The application of the penalty provisions to any offence committed before this Act enters into force, shall be subject to the former provisions.
ADDENDA <Act No. 5247, Dec. 31, 1996>
Article 1 (Enforcement Date)
This Act shall enter into force on March 1, 1997.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 5248, Dec. 31, 1996>
| (1) | (Enforcement Date) This Act shall enter into force four months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Penalty Provisions, etc.) In applying the penalty provisions and administrative fine to any offence committed before this Act takes effect, such offence shall be subject to the former provisions. |
ADDENDA <Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 5886, Feb. 8, 1999>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Penalty Provisions) Any penalty or administrative fine for an offense committed shall be governed by the former provisions. |
ADDENDA <Act No. 6104, Jan. 7, 2000>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Administrative Fines) Any administrative fine for an offense committed before this Act enters into force shall be governed by the former provisions. |
ADDENDA <Act No. 6315, Dec. 29, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2001.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 6590, Dec. 31, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on March 1, 2002. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 6847, Dec. 30, 2002>
| (1) | (Enforcement Date) This Act shall enter into force on July 1, 2003. |
| (2) | (Transitional Measures concerning Penalty Provisions, etc.) Applying the penalty provisions and administrative fines to any offence committed before this Act enters into force shall be governed by the former provisions. |
ADDENDA <Act No. 7428, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 7467, Mar. 31, 2005>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Penalty Provisions) Applying the penalty provisions to any offence committed before this Act takes effect shall be governed by the former provisions. |
ADDENDA <Act No. 7920, Mar. 24, 2006>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 19 (1) shall enter into force on the date determined by Presidential Decree according to the scale of the place of business within the period from the date this Act enters into force until 2009. |
| (2) | (Applicability to Penalty Surcharges) The amended provisions of Article 15-3 (including cases as applicable mutatis mutandis in Articles 16 (3) and 30 (6)) shall apply to the portion for which the grounds of a disposition taken to suspend the work first accrue on or after the date this Act enters into force. |
ADDENDA <Act No. 8372, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 17 Omitted.
ADDENDA <Act No. 8373, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8475, May 17, 2007>
| (1) | (Enforcement Date) This Act shall enter into force on January 1, 2008. |
| (2) | (Applicability) The amended provisions of Article 62 (2) and (3) shall apply to a business owner, an organization of business owners, an organization of employees, a professional agency regarding preventing industrial accidents, or a research institute specialized in preventing industrial accidents, etc. that receives subsidies or support on or after the date this Act enters into force. |
ADDENDA <Act No. 8486, May 25, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 8562, Jul. 27, 2007>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on January 1, 2009: Provided, That the amended provisions of Article 29-2, latter part of Article 41 (3), Articles 42 (1) and 52-4 (3) 1, subparagraph 1 of Article 67 and Article 72 (2) 2 (limited to the parts concerning violations against the obligation of performance of matters deliberated upon, resolved or decided by a labor-management council) shall enter into force on January 1, 2008. |
| (2) | Notwithstanding paragraph (1), the amended provisions of Article 36-2 shall enter into force on January 1, 2011: Provided, That regarding harmful or dangerous machinery, etc. determined by Ordinance of the Ministry of Labor, voluntarily manageable readily by the place of business through self-inspection only under former Article 36, it shall enter into force on January 1, 2009, and where a business owner entrusts a designated inspection agency to conduct an examination under the amended provisions of Article 36-2 (3), it shall enter into force on the promulgation date of the partially amended Occupational Safety and Health Act (Act No. 9796). |
Article 2 (Applicability to Safety Certification and Reports on Voluntary Safety Verification)
The amended provisions of Articles 34 through 34-4 and 35 through 35-4 shall apply, starting from the first machinery, apparatuses, etc. subject to safety certification which are delivered after the enforcement date under the main sentence of Article 1 (1) of the Addenda: Provided, That where machinery, apparatuses, etc. subject to safety certification are manufactured by orders, they shall apply, starting from the machinery, apparatuses, etc. subject to safety certification which are ordered after this Act enters into force. Article 3 (Transitional Measures concerning Notice, etc. of Summary of Statutes, etc.)
Where, pursuant to the former Article 11 (2) 4, a representative of employees requests their business owner to notify the details or results of self-inspection under the former Article 36 (1) before this Act enters into force, the former provisions shall apply, notwithstanding the amended provisions of Article 11 (2) 4. Article 4 (Transitional Measures concerning Test and Inspection)
| (1) | Protective devices and protective clothing tested under the former Articles 33 (3) and 35 (1) and for which the term of validity of test has not expired before the date this Act enters into force pursuant to the main sentence of Article 1 (1) of the Addenda shall be deemed to have received safety certification under the amended provisions of Article 34 (2) or to have completed a report under the amended provisions of Article 35 (1) until the term of validity of the test expires. |
| (2) | Machinery, apparatus, and equipment which have received a design inspection, completion inspection or performance test under former Article 34 (2) before the enforcement date under the main sentence of Article 1 (1) of the Addenda shall be deemed safety-certified under the amended provisions of Article 34 (2) or to have been reported on under the amended provisions of Article 35 (1) for two years from the date this Act enters into force. |
| (3) | Machinery, apparatuses, and equipment which have received a regular inspection under former Article 34 (3) before the enforcement date under the main sentence of Article 1 (1) of the Addenda and of which time for inspection has not yet arrived shall be deemed safety-inspected under the amended provisions of Article 36 (1) before their time for inspection arrives. |
Article 5 (Transitional Measures concerning Penalty Provisions or Administrative Fines)
Where applying penalty provisions or administrative fines for actions before this Act enters into force, the former provisions shall prevail.
Article 6 Omitted.
Article 7 (Relations to other Statutes)
Where other statutes cite the former provisions of Articles 33 through 36 of the Occupational Safety and Health Act at the time when this Act enters into force, if this Act has provisions corresponding to such provisions, they shall be deemed to have cited the corresponding provisions of this Act in lieu of the former provisions.
ADDENDA <Act No. 8694, Dec. 14, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2008. (Proviso Omitted.)
Articles 2 through 26 Omitted.
ADDENDA <Act No. 9319, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 9434, Feb. 6, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Asbestos Dismantlement or Removal)
Any person who has received permission to dismantle or remove asbestos under the former provisions at the time this Act enters into force may dismantle or remove asbestos until three months after this Act enters into force.
Article 3 (Transitional Measures concerning Penalty Provisions)
The former provisions shall apply to penalty provisions or administrative fines for acts conducted before this Act enters into force.
ADDENDUM <Act No. 9796, Oct. 9, 2009>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of the proviso to Article 1 (2) of the Addenda of the partially amended Occupational Safety and Health Act (Act No. 8562) shall enter into force on the date of its promulgation.
ADDENDA <Act No. 9847, Dec. 29, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 22 Omitted.
ADDENDA <Act No. 10305, May 20, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 10339, Jun. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10968, Jul. 25, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 52-9 shall enter into force three months after the date of its promulgation, while the amended provisions of Articles 31 (2), 31-2, and 65 (2) 3-2 and the amended provisions of Articles 32-2, 32-3, 51 (1), and 72 (4) 3 (limited to the part relevant to the amended provisions of Article 31-2) shall enter into force on the date specified by Presidential Decree based upon the scale of each place of business by not later than 2014. Article 2 (Applicability to Penalty Surcharges)
The amended provisions of Article 15-3 shall apply where the ground for suspending business operation arises after this Act enters into force. Article 3 (Applicability to Basic Education in Construction Business)
| (1) | The amended provisions of Article 31-2 shall apply to day-to-day construction workers employed for a construction site after this Act enters into force. |
| (2) | The amended provisions of Article 31-2 shall apply where a day-to-day construction worker who had already completed education when he/she was employed pursuant to the former provisions of Article 31 (2) before this Act enters into force is employed for another construction site after this Act enters into force. |
Article 4 (Applicability to Prohibition of Use of Voluntary Safety Verification Certificate)
The amended provisions of Article 35-3 (2) shall apply to a person prohibited from using the voluntary safety verification certificate after this Act enters into force. Article 5 (Applicability to Safety Inspections)
The amended provisions of the former part of Article 36 (1) shall apply where a person who engages in business with no employee shall undergo a safety inspection because it becomes due after this Act enters into force. Article 6 (Applicability to Self-Inspection Programs)
The amended provisions of Article 36-2 (1) shall apply to a sole proprietor who intends to have his/her self-inspection program approved after this Act enters into force. Article 7 (Applicability to Termination of Subsidization of Businesses of Manufacturing Machinery, Apparatuses, etc. subject to Obligatory Safety Certification or Limitations on such Subsidization)
| (1) | The amended provisions of Article 36-3 (3) shall apply where a ground for revoking registration or for limiting subsidization arises after this Act enters into force. |
| (2) | The amended provisions of Article 36-3 (4) shall apply where a ground for recovering an amount arises after this Act enters into force. |
| (3) | The amended provisions of Article 36-3 (5) shall apply to a person whose registration is revoked after this Act enters into force. |
Article 8 (Applicability to Measures against Persons Neglecting General Asbestos Inspections)
A measure that shall be taken against a failure to undergo a general asbestos inspection pursuant to the amended provisions of Article 38-2 (4) shall apply to the owner or tenant of a structure or facility who shall conduct a general asbestos inspection but does not conduct the inspection after this Act enters into force. Article 9 (Applicability to Indication of Warnings where Controlled Chemical Substance Transferred or Provided Not in Container or Package)
The amended provisions of the proviso to Article 41 (4) shall apply where a controlled chemical substance is transferred or provided after this Act enters into force. Article 10 (Applicability to Modification to Material Safety Data Sheets)
The amended provisions of Article 41 (6) shall apply where it is necessary to modify any description of material safety data sheets, after this Act enters into force. Article 11 (Applicability to Self-Review before Submission of Plan for Preventing Harm and Dangers)
The amended provisons of the proviso to Article 48 (3) shall apply to a business owner who intends to commence a project as a construction company that meets the standards prescribed by Ordinance of the Ministry of Employment and Labor after this Act enters into force. Article 12 (Applicability to Prohibition of Operation before Notifying Completion of Review of Process-Safety Report)
The amended provisions of the latter part of Article 49-2 (1) shall apply to cases where a process-safety report is submitted after this Act enters into force. Article 13 (Applicability to Preservation of Documents about Machinery, Apparatuses, etc. subject to Obligatory Safety Certification)
The amended provisions of Article 64 (2) shall apply to products released upon safety certification after this Act enters into force. Article 14 (Applicability to Preservation of Documents about General Asbestos Inspections and Asbestos Inspections by Designated Institutes)
The amended provisions of Article 64 (3) shall apply to cases where a general asbestos inspection or an asbestos inspection by a designated institute is conducted after this Act enters into force. Article 15 (Transitional Measure concerning Penal Provisons, etc.)
An offense committed before this Act enters into force shall be governed by the former penalty provisions and former provisions regarding administrative fines, notwithstanding the amended provisions of Articles 67-2, 68 through 70, and 72.
ADDENDA <Act No. 11794, May 22, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 26 Omitted.
ADDENDA <Act No. 11862, Jun. 4, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2015.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 11882, Jun. 12, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation: Provided, That the amended provisions of Articles 4, 11, 13, 15 (1) and (2), 16, and 18 shall enter into force on the date of its promulgation and the amended provisions of Article 10 (2) shall enter into force on July 1, 2014. Article 2 (Applicability to Report on Occupational Accidents)
The Amended provisions of Article 10 (2) shall apply to occupational accidents which occur as of the date the same provisions enter into force. Article 3 (Applicability to Necessary Measures such as Provision, etc. of Information of Safety and Health in Case of Contracted Projects)
The amended provisions of Article 29 (5) shall apply to contract works commenced as of the date this Act enters into force. Article 4 (Applicability to Requests for Design Changes of Construction Work)
The amended provisions of Article 29-3 shall apply to construction works for which contracts are concluded as of the date this Act enters into force. Article 5 (Applicability to Revocation of Registration of Instructors)
The amended provisions of Article 52-15 shall begin to apply where grounds first arrive for revoking registration or suspending business (excluding cases falling under subparagraph the amended provisions of subparagraph 4 of Article 52-15 and where violating Article 52-6 referred to in the amended provisions of subparagraph 3 of the same Article) as of the date this Act enters into force. Article 6 (Applicability to Preservation of Documents of Safety Certification Institutions and Safety Inspection Institutions)
The amended provisions of Article 64 (2) shall apply where the safety certifications and the safety inspections are conducted as of the date this Act enters into force. Article 7 (Transitional Measures concerning Occupational Hygiene Instructors)
Occupational hygiene instructors under the former provisions at the time this Act enters into force shall be deemed occupational health instructors for the purposes of this Act.
Article 8 (Transitional Measures concerning Renewal Registration of Instructors)
Instructors registered under the former provisions at the time this Act enters into force shall renew the registration within three months after this Act enters into force pursuant to the amended provisions of Article 52-4 (4). In such cases, such instructors who obtain renewed registration shall be deemed to hold actual records for instructions under the former part of Article 52-4 (5). Article 9 (Transitional Measures concerning Training Education of Instructors)
Instructors who are registered before this Act enters into force shall be deemed to have undergone training education under the amended provisions of Article 52-10. Article 10 (Transitional Measures concerning Penalties, etc.)
Notwithstanding the amended provisions of Article 67, 67-2, 68, 69, and 72, the imposition of penalties or administrative fines with respect to acts committed before this Act enters into force shall be governed by the former provisions.
ADDENDA <Act No. 13906, Jan. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation: Provided, That the amended provisions of Article 16-3 shall enter into force within the period between the enforcement date of this Act and 2019, which is determined by Presidential Decree on the basis of the sizes of places of business. Article 2 (Applicability concerning Request for Extension of Construction Period)
The amended provisions of Article 29-4 shall apply beginning from the first construction works for which a contract is concluded after this Act enters into force. Article 3 (Transitional Measures concerning Incompetent Persons, etc.)
Notwithstanding the amended provisions of Article 52-4 (3) 1, the former provisions shall apply to persons in whose case the effect of the declaration of incompetence or quasi-incompetence is maintained pursuant to Article 2 of Addenda to the Civil Act (Act No. 10429).
ADDENDA <Act No. 14788, Apr. 18, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation: Provided, That the amended provisions of the former part of Article 16-3 (3) of the partially amended Occupational Safety and Health Act (Act No. 13906) shall enter into force on the enforcement date referred to the proviso to Article 1 of attached Table of such amended Act. Article 2 (Applicability to Publication in Which Number of Industrial Accident Occurrences, etc. Is Included)
The amended provisions of Article 9-2 (2) and (3) shall apply to the industrial accidents which occur after January 1, 2018. Article 3 (Applicability to Appointment of Safety and Health Coordinator)
The amended provisions of Article 18-2 (1) shall enter into force beginning from the first case where a project owner under subparagraph 10 of Article 2 of the Framework Act on the Construction Industry awards a contract for work under such amended provisions together after this Act enters into force. Article 4 (Applicability to Provision, etc. of Information regarding Safety and Health When Conducting Contracted Projects)
The amended provisions of the former part of the main sentence of Article 29 (5) and the amended provisions of subparagraph 3 of Article 29 (5) shall apply beginning with the first case of outsourcing work under the amended provisions of any subparagraph of Article 29 (5) after this Act enters into force. Article 5 (Applicability to Imposition of Penalty Surcharges)
The amended provisions of the former part of Article 34-5 (4), Article 36 (10), Article 42 (10) and the former part of Article 43 (11) shall also apply where any ground for a disposition for suspending business operations arose before this Act enters into force.