Article 1(Purpose) #
The purpose of this Act is to contribute to the advancement of the national economy by establishing the Korea Occupational Safety and Health Agency to ensure safety and health working conditions for workers and to support business owners in preventing accidents through efficient execution of projects relating to the prevention of industrial accidents, including research, development and dissemination of technologies for preventing industrial accidents, technical guidance and education on occupational safety and health, and safety and health checkups.
[This Article Wholly Amended on Dec. 31, 2008]
Article 2(Legal personality) #
The Korea Occupational Safety and Health Agency established under the Korea Occupational Safety and Health Agency Act (hereinafter referred to as the "Agency") shall be a corporation.
[This Article Wholly Amended on Dec. 31, 2008]
Article 3(Office) #
(1) The location of the Agency's main office shall be prescribed by its articles of incorporation.
(2) The Agency may establish branch offices in necessary places, as prescribed by its articles of incorporation.
[This Article Wholly Amended on Dec. 31, 2008]
Article 4(Registration of establishment) #
(1) The Agency shall be established at the time it registers such establishment at the location of its main office.
(2) Matters necessary for the registration of establishment under paragraph (1), the registration of the establishment of a branch office, the registration of transfer, and other matters necessary for the registration of the Agency shall be prescribed by Presidential Decree.
(3) The Agency shall not assert any rights or claims against a third party regarding matters requiring registration unless such matters have been duly registered.
[This Article Wholly Amended on Dec. 31, 2008]
Article 5(Articles of incorporation) #
(1) The Agency shall prepare articles of incorporation that include the following matters and obtain authorization from the Minister of Employment and Labor: <Amended on Jun. 4, 2010>
1. Purpose;
2. Name;
3. Establishment and operation of the main office, branch offices, and affiliated institutions under Article 26;
4. Business affairs and execution thereof;
5. Property and accounting;
6. Executive officers and employees;
7. Operation of the board of directors;
8. Amendments to the articles of incorporation;
9. Methods of public announcement;
10. Enactment, amendment, and repeal of internal regulations;
11. Dissolution.
(2) If the Agency intends to amend its articles of incorporation, it shall obtain authorization from the Minister of Employment and Labor. <Amended on Jun. 4, 2010>
[This Article Wholly Amended on Dec. 31, 2008]
Article 6(Projects) #
In order to achieve the purpose referred to in Article 1, the Agency shall perform the following projects: <Amended on Jun. 4, 2010>
1. Research on and the development and dissemination of technologies for preventing industrial accidents;
2. Education on occupational safety and health;
3. Safety and health checkups or management for preventing industrial accidents in the workplace, etc., and technical support for these activities;
4. Safety certification or inspection of hazardous or dangerous machinery, instruments, etc.;
5. Provision of facility funds for the prevention of industrial accidents;
6. Installation and operation of facilities dedicated to industrial accident prevention;
7. Collection, publication, and distribution of information and data related to occupational safety and health;
8. Promotion of international cooperation in the field of occupational safety and health;
9. Execution of projects entrusted by the Minister of Employment and Labor or the heads of other central administrative agencies with regard to occupational safety and health;
10. Other projects incidental to those referred to in subparagraphs 1 through 9.
[This Article Wholly Amended on Dec. 31, 2008]
Article 7(Executive officers) #
(1) The Agency shall have the following executive officers: <Amended on Dec. 27, 2016>
1. President;
2. Three full-time directors;
3. Up to 11 non-executive directors;
4. Auditor.
(2) All executive officers, other than the president, full-time directors, and the auditor shall serve as non-executive directors.
(3) The president shall be appointed by the President of the Republic of Korea upon the recommendation of the Minister of Employment and Labor, from among multiple candidates proposed by the Executive Officer Recommendation Committee established under Article 29 of the Act on the Management of Public Institutions (hereinafter referred to as the "Executive Officer Recommendation Committee") <Amended on Jun. 4, 2010>
(4) Full-time directors shall be appointed by the president, and non-executive directors (excluding those who are automatically appointed as non-executive directors under the Agency’s articles of incorporation) shall be appointed by the Minister of Employment and Labor from among multiple candidates recommended by the Executive Officer Recommendation Committee who fall under any one of the following subparagraphs: in such cases, 1 person falling under subparagraph 4 shall be included: <Amended on Dec. 27, 2016; Nov. 11, 2025>
1. Representatives of business owners;
2. Representatives of workers;
3. Persons with professional knowledge of and experience in occupational safety and health;
4. Persons from among employees affiliated with the Agency who have served for at least 3 years (referring to employees under Article 2(1)1 of the Labor Standards Act; hereafter in this Article the same shall apply), who are recommended by the employees’ representative (referring to the representative of a labor union organized by a majority of employees, if such labor union exists) or has obtained the consent of a majority of employees.
(5) The auditor shall be appointed by the President upon the recommendation of the Minister of Finance and Economy from among multiple candidates proposed by the Committee for Recommendation of Executive Officers following deliberation and resolution by the Ownership Steering Committee under Article 8 of the Act on the Management of Public Institutions. <Amended on Dec. 27, 2016; Oct. 1, 2025>
Article 8(Duties of executive officers) #
(1) The president shall represent the Agency and exercise general supervision over its affairs.
(2) If the president is unable to perform his or her duties due to any unavoidable cause, one of the full-time directors shall act on behalf of the president, as stipulated in the articles of incorporation, and if no full-time director is available or able to do so, an executive officer prescribed by the articles of incorporation shall act for the president.
(3) Directors shall deliberate on agenda items submitted to the board of directors and participate in the resolution thereof, and the full-time directors shall execute the Agency's business affairs as prescribed by the articles of incorporation.
(4) The auditor shall inspect and audit the Agency's business affairs and accounting pursuant to the accounting standards referred to in Article 32(5) of the Act on the Management of Public Institutions and submit his or her opinion to the board of directors.
[This Article Wholly Amended on Dec. 31, 2008]
Article 9(Grounds for disqualification of executive officers) #
No person falling under any of the following subparagraphs shall be an executive officer:
1. A person who falls under any subparagraph of Article 33 of the State Public Officials Act;
2. A person under Article 34(1)2 of the Act on the Management of Public Institutions.
[This Article Wholly Amended on Dec. 31, 2008]
Article 10(Restrictions on concurrent holding of offices by executive officers and employees) #
(1) The president, full-time directors, the auditor, and employees of the Agency shall not engage in any business affairs for profit other than their duties.
(2) The president, full-time directors, and the auditor may engage in non-profit activities if they have obtained permission from the appointing authority or recommendation authority, and employees may engage in such non-profit activities if they have obtained permission from the president.
[This Article Wholly Amended on Dec. 31, 2008]
Article 11(Appointment and dismissal of employees) #
Employees of the Agency shall be appointed or dismissed by the president, as prescribed by the articles of incorporation.
[This Article Wholly Amended on Dec. 31, 2008]
Article 12(Board of directors) #
(1) The Agency shall have a board of directors to deliberate and resolve on the matters referred in the subparagraphs of Article 17(1) of the Act on the Management of the Public Institutions.
(2) The board of directors shall consist of directors, including the president.
(3) The president shall preside over meetings of the board of directors.
(4) Meetings of the board of directors shall be convened by the chairperson of the board of directors or upon the request of at least 1/3 of the incumbent directors, and any resolution thereof shall require the concurring vote of a majority of those present.
(5) The auditor may attend meetings of the board of directors and state his or her opinion.
[This Article Wholly Amended on Dec. 31, 2008]
Article 13(Agency's revenue) #
The revenue of the Agency shall consist of the following:
1. Contributions or donations received from the Government or persons other than the Government;
2. Contributions received from the Industrial Accident Compensation Insurance and Prevention Fund under the Industrial Accident Compensation Insurance Act;
3. Borrowings under Article 15;
4. Surpluses under Article 19;
5. Other incomes for the Agency.
[This Article Wholly Amended on Dec. 31, 2008]
Article 14(Gratuitous lending of state property) #
If necessary for the establishment and operation of the Agency, the Government may lend State property and commodities to the Agency free of charge.
[This Article Wholly Amended on Dec. 31, 2008]
Article 15(Borrowing of funds) #
(1) The Agency may borrow funds necessary for the projects under Article 6 (including from international institutions, foreign governments, or foreigners).
(2) If the Agency intends to borrow funds pursuant to paragraph (1), it shall obtain approval from the Minister of Employment and Labor. <Amended on Jun. 4, 2010>
[This Article Wholly Amended on Dec. 31, 2008]
Article 16(Business year) #
The business year of the Agency shall align with the Government's fiscal year.
[This Article Wholly Amended on Dec. 31, 2008]
Article 17(Budget preparation) #
(1) For each fiscal year, the president shall prepare a budget bill for the following fiscal year based on the management goals established under Article 46 of the Act on the Management of Public Institutions and the management guidelines notified under Article 50 of that Act, and shall finalize the budget by obtaining approval from the Minister of Employment and Labor following a resolution by the board of directors, prior to the commencement of the following fiscal year. The same shall apply to amendments to the budget. <Amended on Jun. 4, 2010>
(2) Upon finalizing the budget under paragraph (1), the Agency shall, without delay, formulate an operation plan based on the budget for the fiscal year following a resolution by the board of directors, and shall submit such the plan to the Minister of Employment and Labor within 2 months of the budget's finalization. This shall also apply to any modification of the operation plan resulting from budget changes. <Amended on Jun. 4, 2010>
[This Article Wholly Amended on Dec. 31, 2008]
Article 18(Submission of settlement statement of accounts) #
The Agency shall prepare a settlement statement of accounts of revenue and expenditure for each business year, and, in accordance with the provisions of the Board of Audit and Inspection Rules, select a certified public accountant or an accounting corporation established in accordance with Article 23 of the Certified Public Accountant Act to conduct an audit of the statement, and submit it to the Minister of Employment and Labor within 2 months after the end of each fiscal year. <Amended on Jun. 4, 2010>
[This Article Wholly Amended on Dec. 31, 2008]
Article 19(Appropriation of surplus) #
If a surplus accrues as a result of the settlement of accounts at the end of each business year, the Agency shall make up for any loss carried forward, and shall accumulate the remaining surplus and use it as revenue for the following business year.
[This Article Wholly Amended on Dec. 31, 2008]
Article 20(Collection of fees) #
The Agency may collect fees and other actual expenses with respect to the projects under Article 6 with the approval of the Minister of Employment and Labor. <Amended on Jun. 4, 2010>
[This Article Wholly Amended on Dec. 31, 2008]
Article 21(Guidance and supervision of business affairs) #
(1) The Minister of Employment and Labor shall provide guidance and supervision to the Agency in the following matters: <Amended on Jun. 4, 2010>
1. Proper execution of projects entrusted by the Minister of Employment and Labor to the Agency pursuant to statutes or regulations, or projects directly related to affairs under the Minister's jurisdiction;
2. Implementation of management guidelines under Article 50(1) of the Act on the Management of Public Institutions.
(2) The Minister of Employment and Labor may require the Agency to report matters necessary for supervision under paragraph (1) or direct public officials under his or her jurisdiction to inspect the Agency's books, documents, and other articles. <Amended on Jun. 4, 2010>
[This Article Wholly Amended on Dec. 31, 2008]
Article 22(Duty of confidentiality) #
A person who is or was an executive officer or employee of the Agency shall not divulge any confidential information acquired in the course of performing his or her duties.
[This Article Wholly Amended on Dec. 31, 2008]
Article 23(Prohibition of use of similar names) #
No person, other than the Agency, shall use the name Korea Occupational Safety and Health Agency or any similar name.
[This Article Wholly Amended on Dec. 31, 2008]
Article 24(Application mutatis mutandis of the Civil Act) #
Except as provided in this Act and the Act on the Management of Public Institutions, the provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandis.
[This Article Wholly Amended on Dec. 31, 2008]
Article 25(Occupational Safety and Health Council) #
(1) An Occupational Safety and Health Council shall be established in the Agency to promote occupational safety and health projects and to foster effective cooperation with related organizations.
(2) Matters necessary for the organization, functions, and operation of the Occupational Safety and Health Council shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 31, 2008]
Article 26(Affiliated institutions) #
(1) The Agency may establish a research institute, education center, and other necessary institutions (hereinafter referred to as "affiliated institutions") under its jurisdiction to efficiently perform the projects under Article 6.
(2) The president of the Agency shall provide guidance and supervision over these affiliated institutions.
(3) Matters necessary for the establishment, operation, etc. of affiliated institutions shall be prescribed by the articles of incorporation of the Agency.
[This Article Wholly Amended on Dec. 31, 2008]
Article 27(Penalty provisions) #
A person who divulges confidential information in violation of Article 22 shall be punished by imprisonment with labor for not more than 2 years or by a fine not exceeding 10 million won.
[This Article Wholly Amended on Dec. 31, 2008]
Article 28(Administrative fines) #
(1) A person who uses a similar name in violation of Article 23 shall be subject to an administrative fine not exceeding 5 million won.
(2) Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Employment and Labor, as prescribed by Presidential Decree. <Amended on Jun. 4, 2010>
[This Article Wholly Amended on Dec. 31, 2008]
Article 29 #
Deleted. <Dec. 31, 2008>
Article 30 #
Deleted. <Dec. 31, 2008>