OCCUPATIONAL SAFETY AND HEALTH ACT

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OCCUPATIONAL SAFETY AND HEALTH ACT — 법갈피

Article 8(Requests for cooperation) #

(1) When deemed necessary to effectively execute a basic plan established under Article 7(1), the Minister of Employment and Labor may request necessary cooperation from the heads of relevant administrative agencies or the heads of public institutions referred to in Article 4 of the Act on the Management of Public Institutions.

(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 or she shall consult with the Minister of Employment and Labor in advance.

(3) Where the Minister of Employment and Labor requests any amendment to the relevant regulations during consultation referred to in paragraph (2), the head of the administrative agency shall comply with such request, and where necessary, the Minister of Employment and Labor may determine the consulted or coordinated matters after reporting such matters to the Prime Minster.

(4) When 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' organizations, and other relevant persons.

(5) The Minister of Employment and Labor may request the heads of central administrative agencies, the heads of local governments, the Agency, or the heads of relevant institutions or organizations to provide the following information or data and to allow the use of related computer networks to prevent industrial accidents. In such cases, the heads of central administrative agencies, the heads of local governments, or the heads of relevant institutions or organizations in receipt of such request shall comply with it unless there is a compelling reason not to do so:

1. Information regarding business registration prescribed in Article 8 of the Value-Added Tax Act and Article 111 of the Corporate Tax Act;

2. Information regarding employees’ insured status, such as attainment and loss thereof, prescribed in Article 15 of the Employment Insurance Act;

3. Other information or data prescribed by Presidential Decree as necessary to conduct a project for preventing industrial accidents.

Article 21(Specialized safety management institutions) #

(1) Any person intending to become a specialized safety management institution or specialized health management institution shall obtain designation from the Minister of Employment and Labor after meeting the requirements for human resources, facilities, equipment, etc. prescribed by Presidential Decree.

(2) The Minister of Employment and Labor may evaluate specialized safety management institutions or specialized health management institutions and publish the results of such evaluation. In such cases, matters necessary for the standards and methods for evaluation, and for publishing the results of evaluation shall be prescribed by Decree of the Ministry of Employment and Labor.

(3) The procedures for designating specialized safety management institutions or specialized health management institutions; matters regarding the performance of their duties; the area where entrusted duties may be performed; and other necessary matters shall be prescribed by Decree of the Ministry of Employment and Labor.

(4) If a specialized safety management institution or specialized health 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, in cases falling under subparagraph 1 or 2, its designation shall be revoked:

1. Where it is designated by fraud or other improper means;

2. Where he or she performs his or her business during a period of suspension of business;

3. Where it ceases to meet any of the requirements for designation prescribed in paragraph (1);

4. Where it performs any of its business violating any of the terms and conditions of designation;

5. Where any other ground prescribed by Presidential Decree exists.

(5) No person whose designation is revoked under paragraph (4) shall be designated as a specialized safety management institution or specialized health management institution for two years from the date of such revocation.

Article 24(Occupational safety and health committee) #

(1) To deliberate on and decide important matters concerning safety and health at the place of business, a business owner shall establish and operate an occupational safety and health committee comprised of an equal number of members representing the employees and the employer.

(2) A business owner shall have the following matters deliberated on and decided by an occupational safety and health committee referred to in paragraph (1) (hereinafter referred to as "occupational safety and health committee"):

1. Matters prescribed in Article 15(1)1 through 5 and 7;

2. Matters concerning serious accidents, among the matters prescribed in Article 15(1)6;

3. Matters concerning measures to ensure safety and health where hazardous or risky machinery, apparatus, and other equipment are introduced;

4. Other matters necessary to maintain and promote the safety and health of employees at the relevant place of business.

(3) An occupational safety and health committee shall hold its meetings as prescribed by Presidential Decree and shall record in the minutes and retain the results of the meetings.

(4) Business owners and employees shall faithfully implement the matters deliberated on and decided by an occupational safety and health committee under paragraph (2).

(5) No deliberation and decision by an occupational safety and health committee shall breach this Act or any order issued under this Act, a collective agreement, employment rules, or safety and health management regulations referred to in Article 25.

(6) No business owner shall treat any member of an occupational safety and health committee unfavorably by reason of his or her performing duties.

(7) The type of business and the number of regular employees at a place of business required to establish an occupational safety and health committee; the composition and operation of an occupational safety and health committee; the methods for handling cases where no decision is reached; and other necessary matters shall be prescribed by Presidential Decree.

Article 42(Preparation and submission of hazard prevention plans) #

(1) A business owner shall formulate a plan for preventing hazards and dangers pursuant to this Act or any order issued under this Act (hereinafter referred to as "hazard prevention plan") and submit it to the Minister of Employment and Labor for review, as prescribed by Decree of the Ministry of Employment and Labor, in any of the following cases; provided, any business owner who meets the standards prescribed by Decree of the Ministry of Employment and Labor in consideration of industrial accident rates, etc., among the business owners prescribed in subparagraph 3, shall directly review a hazard prevention plan and prepare a report on the results of such review to submit it to the Minister of Employment and Labor: <Amended on May 26, 2020>

1. Where an owner of business of a type and scale prescribed by Presidential Decree intends to install or relocate the entire structure, machinery, apparatus, equipment, etc. directly related to the process of manufacturing the relevant products or to make any major structural alteration thereto;

2. Where a business owner intends to install or relocate any machinery, apparatus, or equipment, which is used for hazardous or dangerous work or at a hazardous or dangerous place or used to prevent health impairments, among the machinery, apparatus, or equipment prescribed by Presidential Decree, or to make any major structural alteration thereto;

3. Where a business owner intends to commence construction works of a scale, height, etc. prescribed by Presidential Decree.

(2) When any business owner intending to commence construction works prescribed in paragraph (1)3 (excluding business owners prescribed in the proviso, with the exception of the subparagraphs, of paragraph (1)) prepares a hazard prevention plan, he or she shall hear the opinions of persons meeting the qualification requirements prescribed by Decree of the Ministry of Employment and Labor, such as the qualification in construction safety.

(3) Notwithstanding paragraph (1), where a business owner has submitted a process-safety report referred to in Article 44(1) to the Minister of Employment and Labor, a hazard prevention plan is deemed submitted with respect to the relevant hazardous or dangerous equipment.

(4) The Minister of Employment and Labor shall review a hazard prevention plan submitted pursuant to the main clause, with the exception of the subparagraphs, of paragraph (1) as prescribed by Decree of the Ministry of Employment and Labor and provide a written notice of the results of such review to the relevant business owner. In such cases, where deemed necessary to maintain and promote the safety and health of employees, the Minister of Employment and Labor may order the suspension of the relevant work or construction works or an amendment to the plan.

(5) A business owner prescribed in paragraph (1) shall keep in the place of business a hazard prevention plan that he or she has directly reviewed under the proviso of that paragraph, with the exception of the subparagraphs, or that has been reviewed by the Minister of Employment and Labor under paragraph (4) as well as the results of such review.

(6) Where a business owner intending to commence construction works prescribed in paragraph (1)3, who keeps a hazard prevention plan and the results of its review in the place of business pursuant to paragraph (5), determines it necessary to amend the hazard prevention plan due to changes in the construction method of the relevant construction works, etc., such business owner shall amend the plan and keep such amended plan.

Article 53(Corrective measures by Minister of Employment and Labor) #

(1) When the Minister of Employment and Labor determines, with respect to any structure or annex thereto, machinery, apparatus, equipment, or raw material of a place of business (hereinafter referred to as "machinery, equipment, etc."), that the business owner has failed to take necessary safety and health measures prescribed by Decree of the Ministry of Employment and Labor, thereby causing any significant hazard or danger to employees, he or she may issue an order to take necessary measures regarding the relevant machinery, equipment, etc. (hereinafter referred to as "corrective measures"), including the suspension of use, replacement, removal, or improvement of facilities, and other safety and health measures prescribed by Decree of the Ministry of Employment and Labor.

(2) A business owner in receipt of an order for corrective measures under paragraph (1) shall post a list of matters subject to the order for corrective measures in a place easily discernible to employees, until the corrective measures are completed for the relevant machinery, equipment, etc.

(3) Where any hazardous or dangerous condition has not been removed or rectified or any hazard or danger to employees is highly likely to increase since a business owner has failed to implement an order for corrective measures regarding the relevant machinery, equipment, etc., the Minister of Employment and Labor may order full or partial suspension of the work related to the relevant machinery equipment, etc.

(4) Where a business owner in receipt of an order for suspension of use referred to in paragraph (1) or an order for suspension of work referred to in paragraph (3) completes the relevant corrective measures, he or she may request that the Minister of Employment and Labor withdraw the suspension of use referred to in paragraph (1) or the suspension of work referred to in paragraph (3).

(5) With respect to a request for withdrawal referred to in paragraph (4), when the Minister of Employment and Labor determines that the corrective measures have been completed, he or she shall withdraw the suspension of use referred to in paragraph (1) or the suspension of work referred to in paragraph (3).

Article 58(Prohibition of contracts for hazardous work) #

(1) No business owner shall award a contract for any of the following work, deemed hazardous or dangerous to the safety and health of employees, and have employees of a contractor conduct such work at his or her place of business:

1. Plating work;

2. Smelting, injecting, processing, and heating mercury, lead, or cadmium;

3. Manufacturing or using substances subject to permission prescribed in Article 118(1).

(2) Notwithstanding paragraph (1), a business owner may award a contract for any work prescribed in the subparagraphs of paragraph (1) and have employees of a contractor conduct such work at his or her place of business in any of the following cases:

1. Where a business owner awards a contract for such work temporarily or intermittently;

2. Where the technology possessed by a contractor is professional and indispensable for the operation of business by a business owner (referring to a business owner as a contractee who has awarded a contract to a contractor) and approval of the Minister of Employment and Labor is obtained.

(3) Where a business owner intends to obtain approval from the Minister of Employment and Labor pursuant to paragraph (2)2, he or she shall undergo an evaluation on safety and health conducted by the Minister of Employment and Labor, as prescribed by Decree of the Ministry of Employment and Labor.

(4) The effective period of approval referred to in paragraph (2)2 shall be determined to be a period of up to three years.

(5) Where a business owner applies for an extension of the effective period of approval referred to in paragraph (4) upon its expiration, the Minister of Employment and Labor may grant approval to extend such effective period by up to three years from the date following the expiration of the effective period, as prescribed by Decree of the Ministry of Employment and Labor. In such cases, the business owner shall undergo an evaluation on safety and health under paragraph (3).

(6) Where a business owner intends to change any of the matters prescribed by Decree of the Ministry of Employment and Labor, among the matters approved under paragraph (2)2 or (5), he or she shall obtain approval for such change, as prescribed by Decree of the Ministry of Employment and Labor.

(7) Where any person who has obtained approval, approval for extension, or approval for change pursuant to paragraph (2)2, (5), or (6) ceases to meet the standards prescribed in paragraph (8), the Minister of Employment and Labor shall revoke the relevant approval, approval for extension, or approval for change.

(8) The standards, procedures, and methods for approval, approval for extension, or approval for change prescribed in paragraph (2)2, (5), or (6), and other necessary matters shall be prescribed by Decree of the Ministry of Employment and Labor.

Article 64(Measures for preventing industrial accidents in contracting) #

(1) Where the employees of a relevant contractor work at the workplace of a contractee, the contractee shall take the following measures: <Amended on May 18, 2021>

1. Organizing and operating a council on safety and health consisting of a contractee and a contractor;

2. A routine inspection of the workplace;

3. Supporting safety and health education that a relevant contractor provides to his or her employees pursuant to Article 29(1) through (3), including providing the place and materials for such education;

4. Verifying the conduct of safety and health education that a relevant contractor provides to his or her employees pursuant to Article 29(3);

5. Operating a warning system, conducting evacuation drills, etc. in preparation for any of the following cases:

a. Where explosives are set for blasting at a work site;

b. Where fire, explosion, collapse of soil, structures, etc., an earthquake, or any other accident occurs at a work site;

6. Providing places necessary to install facilities, etc. prescribed by Decree of the Ministry of Employment and Labor, such as sanitary facilities, or cooperating in the use of sanitary facilities installed by a contractee.

7. Check-up of the work time and details, safety measures, health measures, etc., of the relevant contractors and others in the work process of the contractees and relevant contractors conducted at the same place;

8. In cases where the findings of the check-up under subparagraph 7 reveals that there is a risk of danger prescribed by Presidential Decree, such as fire or explosion is likely to occur due to the work congestion of the relevant contractor and others, an adjustment of the work time and details, etc. of the relevant contractors and others.

(2) A contractee referred to in paragraph (1) shall conduct regular or occasional safety and health inspection at the workplace, together with his or her employees and employees of a relevant contractor, as prescribed by Decree of the Ministry of Employment and Labor.

(3) The composition and operation of a council on safety and health, a routine inspection of the workplace, and the support for safety and health education under paragraph (1), and other necessary matters shall be prescribed by Decree of the Ministry of Employment and Labor.

Article 67(Measures for preventing industrial accidents by persons placing order for construction works) #

(1) A person placing an order for construction works prescribed by Presidential Decree shall take measures according to the following classifications at the planning, design, and construction stages of the construction works to prevent industrial accidents:

1. The planning stage of construction works: Preparing a basic safety and health ledger including hazardous or risk factors to be managed intensively during the construction works and measures for mitigating such factors;

2. The design stage of construction works: Providing a designer with the basic safety and health ledger referred to in subparagraph 1, and requiring the designer to prepare a design safety and health ledger including measures for mitigating hazardous or risk factors for verification;

3. The construction stage of construction works: Providing a contractor who is awarded a contract for construction works for the first time from a person placing an order for construction works with the design safety and health ledger referred to in subparagraph 2; requiring the contractor to prepare a construction safety and health ledger for safe work performance by reflecting the design safety and health ledger; and verifying whether the contractor has performed according to such construction safety and health ledger.

(2) A person placing an order for construction works under paragraph (1) shall obtain verification of the appropriateness, etc. of descriptions in the ledgers under the subparagraphs of that paragraph from specialists in health and safety as prescribed by Presidential Decree. <Added on May 18, 2021>

(3) A person placing an order for construction works under paragraph (1) shall appropriate and set reasonable expenses and periods, so that the designer and the first contractor awarded the construction work can prioritize safety in the construction site in the course of performing the design and construction works. <Added on May 18, 2021>

(4) Specific details of descriptions to be entered in each ledger as referred to in the subparagraphs of paragraph (1) shall be prescribed by Decree of the Ministry of Employment and Labor. <Amended on May 18, 2021>

Article 71(Requests for design modification) #

(1) Where a contractee for construction works deems that any industrial accident is likely to occur due to the collapse, etc. of a temporary structure prescribed by Presidential Decree in the course of the construction works, he or she may request a person placing an order for construction works to modify the design of the relevant construction works after hearing the opinions of experts prescribed by Presidential Decree, including experts in architecture or civil engineering; provided, this shall not apply where a person placing an order for construction works has placed the relevant order including design.

(2) A contractee for construction works who is ordered to suspend the works or amend a hazard prevention plan by the Minister of Employment and Labor pursuant to the latter part of Article 42(4) may, if design modification is necessary, request a person placing an order for construction works to modify the design of the relevant construction works.

(3) Where a relevant contractor for construction works deems that any industrial accident is likely to occur due to the collapse, etc. of a temporary structure prescribed in paragraph (1) in the course of the construction works, he or she may request a contractee for construction works to modify the design of the relevant construction works after hearing the opinions of experts prescribed in paragraph (1). In such cases, unless it is obvious that the requested matters are not technically applicable, the contractee for the construction works shall modify the design of the relevant construction works by reflecting such request or request a person placing the order for construction works to modify the design.

(4) A person placing an order for construction works in receipt of a request for design modification under paragraphs (1) through (3) shall modify the design of the relevant construction works by reflecting such request, unless it is obvious that the requested matters are not technically applicable.

(5) The procedures and methods for requesting design modifications under paragraphs (1) through (3), and other necessary matters shall be prescribed by Decree of the Ministry of Employment and Labor. In such cases, a prior consultation shall be undertaken with the Minister of Land, Infrastructure and Transport.

Article 72(Appropriation of funds for occupational safety and health management for construction works) #

(1) Where a person placing an order for construction works concludes a contract or a person taking a leading role in supervising and managing the construction works (excluding a person to whom a contract for construction works is first awarded by a person placing an order for construction works) formulates a project plan for construction works, he or she shall appropriate funds used to prevent industrial accidents (hereinafter referred to as "funds for occupational safety and health management") in the contract amount or project expenses, as determined and publicly notified by the Minister of Employment and Labor. <Amended on Jun. 9, 2020>

(2) To use funds for occupational safety and health management efficiently, the Minister of Employment and Labor may determine the following matters:

1. The standards for appropriation by scale and category of a project;

2. The standards for the use ratio, etc. according to the progress of construction works;

3. Other matters necessary for using occupational safety and health management funds.

(3) A contractee for construction works shall use funds for occupational safety and health management as prescribed in paragraph (2), and prepare and retain statements detailing the relevant expenditure, as prescribed by Decree of the Ministry of Employment and Labor. <Amended on Jun. 9, 2020>

(4) When a contractor to whom a contract for building or repairing a ship is first awarded formulates a project plan, he or she shall appropriate funds for occupational safety and health in project expenses, as determined and publicly notified by the Minister of Employment and Labor.

(5) No contractee for construction works or contractor to whom a contract for building or repairing a ship is first awarded referred to in paragraph (4) shall use funds for occupational safety and health management for any other purpose than preventing industrial accidents. <Amended on Jun. 9, 2020>

Article 75(Special cases concerning establishing and operating council on safety and health) #

(1) A contractee for construction works of a scale prescribed by Presidential Decree may establish and operate a council on safety and health, consisting of an equal number of members representing the employees and the employer (hereinafter referred to as "labor-management council") at the site of the relevant construction works, as prescribed by Presidential Decree.

(2) Where a contractee for construction works establishes and operates a labor-management council under paragraph (1), he or she shall be deemed to establish and operate an occupational safety and health committee and a council on safety and health referred to in Article 64(1)1, respectively.

(3) A contractee for construction works who establishes and operates a labor-management council under paragraph (1) shall undergo deliberation and decision by the labor-management council regarding any matter prescribed in the subparagraphs of Article 24(2). In such cases, the methods for addressing matters not decided by the labor-management council shall be prescribed by Presidential Decree.

(4) A labor-management council shall hold its meetings as prescribed by Presidential Decree and shall record in the minutes and retain the results of meetings.

(5) A labor-management council shall discuss matters prescribed by Decree of the Ministry of Employment and Labor, such as prevention of industrial accidents and methods of evacuation in case of an industrial accident.

(6) A contractee for construction works who establishes and operates a labor-management council and his or her employees, and a relevant contractor and his or her employees shall faithfully implement the matters which the labor-management council has deliberated on and decided pursuant to paragraph (3).

(7) Article 24(5) and (6) shall apply mutatis mutandis to labor-management councils. In such cases, "occupational safety and health committee" shall be construed as "labor-management council".

Article 84(Safety certification) #

(1) A person who manufactures or imports (including those who install or relocate machinery, etc. subject to safety certification prescribed by Decree of the Ministry of Employment and Labor or who makes any major structural alteration thereof; hereafter in this Article and Articles 85 through 87, the same shall apply) any hazardous or dangerous machinery, etc., prescribed by Presidential Decree as potentially causing risk to the safety and health of employees (hereinafter referred to as "machinery, etc. subject to safety certification") shall obtain safety certification granted by the Minister of Employment and Labor as to whether they meet the safety certification standards.

(2) The Minister of Employment and Labor may fully or partially exempt safety certification prescribed in paragraph (1), as prescribed by Decree of the Ministry of Employment and Labor, in any of the following cases:

1. Where such hazardous or dangerous machinery, etc. are manufactured or imported for research and development, or manufactured for exportation;

2. Where certification is granted by a foreign safety certification institution determined and publicly notified by the Minister of Employment and Labor;

3. In cases prescribed by Decree of the Ministry of Employment and Labor, where a safety inspection is conducted or safety certification is granted under other statutes or regulations.

(3) Where a person who manufactures or imports hazardous or dangerous machinery, etc. not subject to safety certification intends to undergo an evaluation of the safety-related performance, etc. of such hazardous or dangerous machinery, etc., he or she may apply for safety certification to the Minister of Employment and Labor. In such cases, the Minister of Employment and Labor may grant safety certification in accordance with the safety certification standards.

(4) The Minister of Employment and Labor shall verify whether a person who has been granted safety certification pursuant to paragraphs (1) and (3) (hereinafter referred to as "safety certification") complies with the safety certification standards, at a regular interval prescribed by Decree of the Ministry of Employment and Labor, not exceeding three years; provided, where safety certification is partially exempt under paragraph (2), such verification may be fully or partially omitted, as prescribed by Decree of the Ministry of Employment and Labor.

(5) A person who has obtained safety certification pursuant to paragraph (1) shall make and retain records on the name, model, outputs, and sales of machinery, etc. subject to safety certification for which safety certification has been granted, and on the status of its sellers, as prescribed by Decree of the Ministry of Employment and Labor.

(6) Where the Minister of Employment and Labor deems it necessary for the safety and health of employees, he or she may require a person who manufactures, imports, or sells machinery, etc. subject to safety certification to submit data about the manufacturing, importation, or sales of the relevant machinery, etc. subject to safety certification to the Agency, as prescribed by Decree of the Ministry of Employment and Labor.

(7) The methods and procedures for applying for safety certification, the methods and procedures for verification referred to in paragraph (4), and other necessary matters shall be prescribed by Decree of the Ministry of Employment and Labor.

Article 89(Reporting voluntary safety verification) #

(1) A person who manufactures or imports any hazardous or dangerous machinery, etc. prescribed by Presidential Decree, other than machinery, etc. subject to safety certification (hereinafter referred to as "machinery, etc. subject to voluntary safety verification"), shall verify (hereinafter referred to as "voluntary safety verification") whether the safety-related performance of the machinery, etc. subject to voluntary safety verification meet the safety standards determined and publicly notified by the Minister of Employment and Labor (hereinafter referred to as "voluntary safety standards") and report (including cases of amending any reported matters) such machinery, etc. to the Minister of Employment and Labor; provided, such report may be exempted in any of the following cases:

1. Where such hazardous or dangerous machinery, etc. are manufactured or imported for research and development, or manufactured for exportation;

2. Where safety certification referred to in Article 84(3) is granted (excluding where safety certification is revoked or an order prohibiting the use of a safety certification mark is issued under Article 86(1));

3. In cases prescribed by Decree of the Ministry of Employment and Labor, where a safety inspection is conducted or safety certification is granted under other statutes or regulations.

(2) Where the Minister of Employment and Labor receives a report referred to in the main clause, with the exception of the subparagraphs, of paragraph (1), he or she shall review the details thereof and accept it if it complies with this Act.

(3) A person who has reported under the main clause, with the exception of the subparagraphs, of paragraph (1), shall retain documents verifying that the machinery, etc. subject to voluntary safety verification meet the voluntary safety standards.

(4) The procedures and methods for making a report referred to in the main clause, with the exception of the subparagraphs, of paragraph (1) and other necessary matters shall be prescribed by Decree of the Ministry of Employment and Labor.

Article 98(Safety inspections under voluntary inspection programs) #

(1) Notwithstanding Article 93(1), where a business owner required to undergo a safety inspection under that paragraph determines an inspection program that satisfies the inspection standards prescribed in the former part of that paragraph, the frequency of inspection prescribed in paragraph (3) of that Article, etc. (hereinafter referred to as "voluntary inspection program") after consulting thereon with the representative of employees (excluding where no employee is employed); obtains approval thereof from the Minister of Employment and Labor; and undergoes the safety-related performance inspection of machinery, etc. subject to safety inspection according to the voluntary inspection program (hereinafter referred to as "voluntary safety inspection") from any of the following persons, such business owner shall be deemed to have undergone a safety inspection:

1. A person who has qualifications and experience related to safety-related performance inspections as prescribed by Decree of the Ministry of Employment and Labor;

2. A person who has completed an educational course for safety-related performance inspections as prescribed by Decree of the Ministry of Employment and Labor, and has practical experience in the relevant field.

(2) The effective period of a voluntary inspection program shall be two years.

(3) Any business owner who has undergone a voluntary safety inspection shall make and retain records on the results thereof.

(4) Any business owner intending to undergo a voluntary safety inspection may entrust a voluntary safety inspection to an inspection institution designated pursuant to Article 100 (hereinafter referred to as "voluntary safety inspection institution").

(5) The details to be included in a voluntary inspection program, the requirements for approving a voluntary inspection program, the methods and procedures for approving a voluntary inspection program, and other necessary matters shall be prescribed by Decree of the Ministry of Employment and Labor.

Article 102(Subsidies for business manufacturing hazardous or dangerous machinery) #

(1) The Minister of Employment and Labor may provide any of the following persons with a subsidy necessary to improve the quality and safety of hazardous or dangerous machinery, etc. or his or her design and construction capabilities, etc. within the budget:

1. A person who manufactures a product deemed to require support to improve the safety of any of the following items:

a. Machinery, etc. subject to safety certification;

b. Machinery, etc. subject to voluntary safety verification;

c. Any other hazardous or dangerous machinery, etc. causing frequent industrial accidents;

2. A person who designs and constructs facilities for improving a working environment.

(2) Any person who intends to receive a subsidy referred to in paragraph (1) shall be registered with the Minister of Employment and Labor after meeting the requirements for human resources, facilities, equipment, etc. prescribed by Decree of the Ministry of Employment and Labor.

(3) Where a person registered pursuant to paragraph (2) falls under any of the following, the Minister of Employment and Labor may revoke registration or restrict provision of subsidies prescribed in paragraph (1) for up to one year; provided, in cases falling under subparagraph 1, the registration shall be revoked:

1. Where he or she has been registered by fraud or other improper means;

2. Where he or she ceases to meet the registration requirements prescribed in paragraph (2);

3. Where his or her safety certification is revoked pursuant to Article 86(1)1.

(4) Where a person who has received a subsidy pursuant to paragraph (1) falls under any of the following, the Minister of Employment and Labor shall recover the amount of the subsidy or the amount equivalent thereto. In such cases, in cases falling under subparagraph 1, an amount not exceeding the amount equivalent to a subsidy may be collected additionally:

1. Where he or she has received a subsidy by fraud or other improper means;

2. Where he or she has used a subsidy for any purpose other than the purpose of subsidization prescribed in paragraph (1);

3. Where his or her registration has been revoked for falling under paragraph (3)1.

(5) The Minister of Employment and Labor may ban a person whose registration is revoked under paragraph (3) from being registered under paragraph (2) for a specified period not exceeding two years from the date of such revocation.

(6) The details of subsidies prescribed in 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 Decree of the Ministry of Employment and Labor.

Article 108(Investigation of hazards and dangers of non-phase-in substances) #

(1) A person (hereinafter referred to as "manufacturer, etc. of non-phase-in substances") who intends to manufacture or import any chemical substance other than those prescribed by Presidential Decree (hereinafter referred to as "non-phase-in substances") shall investigate the hazards or dangers of such non-phase-in substances and submit an investigative report to the Minister of Employment and Labor to prevent the non-phase-in substances from impairing the health of employees, as prescribed by Decree of the Ministry of Employment and Labor; provided, this shall not apply in any of the following cases:

1. Where any non-phase-in substance is imported to supply daily necessities of general consumers, as prescribed by Decree of the Ministry of Employment and Labor;

2. Where the quantity of any non-phase-in substance imported is small or the degree of risk is deemed low, as prescribed by Decree of the Ministry of Employment and Labor.

(2) Where it is required to take necessary measures to prevent non-phase-in substances from impairing the health of employees based on the results of the investigation of hazards and dangers prescribed in the main clause, with the exception of the subparagraphs, of paragraph (1), a manufacturer, etc. of non-phase-in substances shall immediately implement such measures.

(3) Upon receipt of an investigative report on the hazards and dangers of non-phase-in substances referred to in paragraph (1), the Minister of Employment and Labor shall publish the name, hazards, and dangers of the relevant non-phase-in substances, measures for preventing the health impairment of employees, etc., and notify such information to the relevant ministries, as prescribed by Decree of the Ministry of Employment and Labor.

(4) When deemed necessary to prevent the health impairment of employees after reviewing an investigative report on the hazards and dangers of non-phase-in substances submitted pursuant to paragraph (1), the Minister of Employment and Labor may order a manufacturer, etc. of non-phase-in substances to take measures, such as installing and maintaining facilities and equipment, securing protectors, etc.

(5) Where a manufacturer, etc. of non-phase-in substances transfer or supply any non-phase-in substance, he or she shall also provide documents stating measures to be taken to prevent any health impairment of employees prescribed in paragraph (4).

Article 110(Preparation and submission of material safety data sheets) #

(1) A person who intends to manufacture or import any chemical substance or a mixture containing it, which is falling under the classification standards referred to in Article 104 (excluding a chemical substance or mixture prescribed by Presidential Decree; hereinafter referred to as "substances subject to material safety data sheet preparation"), shall prepare data sheets stating the following matters (hereinafter referred to as "material safety data sheets"), and submit them to the Minister of Employment and Labor, as prescribed by Decree of the Ministry of Employment and Labor. In such cases, where the Minister of Employment and Labor intends to prescribe matters to be described in material safety data sheets or the methods for preparing such data sheets as prescribed by Decree of the Ministry of Employment and Labor, he or she shall consult with the Minister of Climate, Energy and Environment with regard to matters pertaining to the Chemical Substances Control Act and the Act on Registration and Evaluation of Chemical Substances: <Amended on May 26, 2020; Oct. 1, 2025>

1. The name of a product;

2. The names and content of chemical substances falling under the classification standards prescribed in Article 104, among the chemical substances forming substances subject to material safety data sheet preparation;

3. Handling precautions for safety and health;

4. Hazards to health or the environment, and physical dangers;

5. Other matters prescribed by Decree of the Ministry of Employment and Labor, including physical and chemical properties.

(2) A person who intends to manufacture or import any substance subject to material safety data sheet preparation shall separately submit the data sheets showing the names and content of chemical substances not falling under the classification standards prescribed in Article 104, among the chemical substances forming substances subject to material safety data sheet preparation, to the Minister of Employment and Labor; provided, this shall not apply in any of the following cases:

1. Where the material safety data sheets submitted pursuant to paragraph (1) contain the names and content of all chemical substances prescribed in the main clause, with the exception of its subparagraphs, of this paragraph;

2. Where a person who intends to import any substance subject to material safety data sheet preparation submits a document verifying that there is no chemical substance falling under the classification standards referred to in Article 104, except the chemical substances stated in material safety data sheets, after receiving the document from a person who intends to manufacture a substance subject to material safety data sheet preparation overseas and export it to the Republic of Korea (hereinafter referred to as "overseas manufacturer").

(3) Where any change is made to any matter prescribed by Decree of the Ministry of Employment and Labor, among the matters prescribed in any subparagraph of paragraph (1), a person who has manufactured or imported any substance subject to material safety data sheet preparation shall submit material safety data sheets reflecting the relevant change to the Minister of Employment and Labor.

(4) The methods and timing of submitting material safety data sheets, etc. referred to in paragraphs (1) through (3), and other necessary matters shall be prescribed by Decree of the Ministry of Employment and Labor.

Article 112(Approval of partial non-disclosure of material safety data sheets) #

(1) Notwithstanding Article 110(1), a person who intends not to indicate the name and content of a chemical substance prescribed in subparagraph 2 of that paragraph in the material safety data sheets as such information is related to his or her trade secrets, such person may provide a name and content that can be substituted for the actual name and content of the relevant chemical substance (hereinafter referred to as "alternative data") after applying for the use of alternative data to, and obtaining approval from, the Minister of Employment and Labor, as prescribed by Decree of the Ministry of Employment and Labor; provided, this shall not apply to chemical substances likely to cause a serious health impairment of employees, which are publicly notified by the Minister of Employment and Labor after deliberation by the Industrial Accident Compensation Insurance and Prevention Deliberation Committee referred to in Article 8(1) of the Industrial Accident Compensation Insurance Act.

(2) Upon receiving an application for approval referred to in the main clause of paragraph (1), the Minister of Employment and Labor shall determine whether to grant approval after reviewing the need to replace the name and content of a chemical substance, the compatibility of the alternative data, the appropriateness of the material safety data sheet, etc., as prescribed by Decree of the Ministry of Employment and Labor, and shall then notify the relevant applicant of his or her determination.

(3) The Minister of Employment and Labor shall establish the standards for granting approval under paragraph (2) after having such standards deliberated on by the Industrial Accident Compensation Insurance and Prevention Deliberation Committee referred to in Article 8(1) of the Industrial Accident Compensation Insurance Act.

(4) The effective period of approval prescribed in paragraph (1) shall be five years from the date of approval.

(5) Where a person who intends to continue to use alternative data after the expiration of the effective period referred to in paragraph (4) applies for approval for an extension of the effective period, the Minister of Employment and Labor may approve the extension of the effective period by five years from the date following each expiration date of the effective period.

(6) Deleted. <Aug. 8, 2023>

(7) Deleted. <Aug. 8, 2023>

(8) The Minister of Employment and Labor may revoke approval or approval for extension pursuant to paragraph (1) or (5), or Article 112-2(2) in any of the following cases; provided, he or she shall revoke such approval or approval for extension in cases falling under subparagraph 1: <Amended on Aug. 8, 2023>

1. Where an approval or approval for extension prescribed in paragraph (1) or (5) or Article 112-2 (2) has been obtained by fraud or other improper means;

2. Where any chemical substance for which approval or approval for extension prescribed in paragraph (1) or (5) or Article 112-2 (2) has been granted falls under the category of chemical substances specified in the proviso of paragraph (1).

(9) The procedures and methods for granting approval for extension prescribed in paragraph (5) and revoking approval or approval for extension prescribed in paragraph (8), and other necessary matters shall be prescribed by Decree of the Ministry of Employment and Labor.

(10) In cases prescribed by Decree of the Ministry of Employment and Labor, such as where a serious health impairment of an employee occurs, any of the following persons may request that a person who has manufactured or imported any substance subject to material safety data sheet preparation provide information on the name and content of a chemical substance, for which alternative data has been used under paragraph (1), to maintain the safety and health of employees or to identify the causes of occupational diseases. In such cases, a person requested to provide such information shall provide the relevant information, as determined and publicly notified by the Minister of Employment and Labor:

1. A physician defined in Article 2 of the Medical Service Act, who treats an employee;

2. A health officer and a specialized health management institution;

3. An occupational health physician;

4. The representative of employees;

5. An institution entrusted with an epidemiological investigation referred to in Article 141(1), pursuant to Article 165(2)38;

6. The Occupational Disease Adjudication Committee referred to in Article 38 of the Industrial Accident Compensation Insurance Act.

Article 118(Permission to manufacture hazardous or dangerous substances) #

(1) Any person who intends to manufacture or use any substance prescribed by Presidential Decree such as a substance for which no substitute has been developed, among those prescribed in any subparagraph of Article 117(1) (hereinafter referred to as "substances subject to permission"), 　 shall obtain permission from the Minister of Employment and Labor. The same shall also apply when amending any of the permitted matters.

(2) The equipment for manufacturing or using substances subject to permission, the methods for treating the same, and the standards for permission shall be prescribed by Decree of the Ministry of Employment and Labor.

(3) Any person who has obtained permission under paragraph (1) (hereinafter referred to as "manufacturer or user of substances subject to permission") shall maintain equipment for manufacturing or using such substances in compliance with the standards for permission referred to in paragraph (2), and manufacture and use the substances subject to permission using the treatment methods complying with such standards.

(4) When any equipment for manufacturing or using substances subject to permission or the treatment methods of such substances of a manufacturer or user of substances subject to permission are deemed not to comply with the standards for permission referred to in paragraph (2), the Minister of Employment and Labor may order him or her to repair, renovate, or relocate such equipment for manufacturing and use so as to comply with the standards, or to manufacture and use those substances using the treatment methods complying with the standards.

(5) Where any manufacturer or user of substances subject to permission falls under any of the following, the Minister of Employment and Labor may revoke the permission or require him or her to suspend his or her business for a specified period not exceeding six months; provided, in cases falling under subparagraph 1, the permission shall be revoked:

1. Where he or she obtains permission by fraud or other improper means;

2. Where he or she ceases to meet the standards for permission referred to in paragraph (2);

3. Where he or she violates paragraph (3);

4. Where he or she violates any order issued under paragraph (4);

5. Where he or she fails to immediately take necessary measures, such as repair, after identifying any malfunction based on the results of self-inspection.

(6) The procedures for applying for permission referred to in paragraph (1), and other necessary matters shall be prescribed by Decree of the Ministry of Employment and Labor.

Article 119(Asbestos inspections) #

(1) Where it is intended to remove or dismantle a structure or facility, the owner, tenant, etc. of the relevant structure or facility (hereinafter referred to as "owner, etc. of a structure or facility") shall inspect the following matters (hereinafter referred to as "general asbestos inspection"), and shall record and retain the results of the inspection, as prescribed by Decree of the Ministry of Employment and Labor: <Amended on May 26, 2020>

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, etc. of a structure or facility of at least the size prescribed by Presidential Decree, from among the structures or facilities prescribed in paragraph (1), shall have an institution designated under Article 120 (hereinafter referred to as "asbestos inspection institution") inspect the following matters (hereinafter referred to as "asbestos inspection by a designated institution"), and shall record and retain the results of the inspection; provided, the asbestos inspection by a designated institution may be omitted where it is obvious that a structure or facility contains asbestos or where it is confirmed, according to the procedures prescribed by Decree of the Ministry of Employment and Labor, that a ground prescribed by Presidential Decree for omitting such inspection exists: <Amended on May 26, 2020>

1. Any matter prescribed in the subparagraphs of paragraph (1);

2. The type and amount of asbestos contained in the relevant structure or facility.

(3) Where the owner, etc. of a structure or facility conduct an asbestos inspection of a structure or facility pursuant to 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 Decree of the Ministry of Employment and Labor.

(4) Where the owner, etc. of a structure or facility remove or dismantle any 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 the following orders:

1. An order issued to the owner, etc. 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 implementing the order issued under subparagraph 1 are reported.

(5) The methods for asbestos inspections by a designated institution, and other necessary matters shall be prescribed by Decree of the Ministry of Employment and Labor.

Article 125(Working environment measurement) #

(1) A business owner shall have a person meeting the qualifications prescribed by Decree of the Ministry of Employment and Labor carry out the working environment measurement of a workplace prescribed by Decree of the Ministry of Employment and Labor, where works harmful to the human body are handled, to protect the health of employees from hazardous factors and create a pleasant working environment.

(2) Notwithstanding paragraph (1), where a relevant contractor or his or her employee works in the place of business of a contractee, the contractee shall have a person qualified under paragraph (1) carry out the working environment measurement.

(3) A business owner (including a contractee referred to in paragraph (2); hereafter in this Article and Article 127, the same shall apply) may entrust working environment measurement referred to in paragraph (1) to an institution designated under Article 126 (hereinafter referred to as "working environment measurement institution"). In such cases, only analysis of samples, among the works related to working environment measurement, may be entrusted, when necessary.

(4) A business owner shall, upon request by the representative of employees (including the representative of employees of a relevant contractor; hereafter in this Article, the same shall apply), permit the representative of employees to participate in carrying out the working environment measurement.

(5) A business owner shall record and retain the results of working environment measurement and report them to the Minister of Employment and Labor, as prescribed by Decree of the Ministry of Employment and Labor; provided, where a working environment measurement institution to which working environment measurement is entrusted by a business owner under paragraph (3) has carried out the working environment measurement and submitted the results thereof to the Minister of Employment and Labor, as prescribed by Decree of the Ministry of Employment and Labor, the results of the working environment measurement shall be deemed reported.

(6) A business owner shall inform employees at the relevant workplace (including a relevant contractor and his or her employees; hereafter in this paragraph and Articles 127 and 175(5)15, the same shall apply) of the results of the working environment measurement and take measures for protecting the health of employees based upon such results, such as installing and improving the relevant facilities and equipment or providing health examinations.

(7) Upon request by the occupational safety and health committee or the representative of employees, a business owner shall hold an explanatory meeting, etc. on the results of monitoring working environments. In such cases, where working environment measurement is entrusted under paragraph (3), the business owner may require the working environment measurement institution to explain the results of monitoring working environments.

(8) The methods and frequency of working environment measurement prescribed in paragraphs (1) and (2), and other necessary matters shall be prescribed by Decree of the Ministry of Employment and Labor.

Article 130(Special health examinations) #

(1) A business owner shall provide health examinations for health management of any of the following employees (hereinafter referred to as "special health examination"); provided, where a business owner has provided health examinations prescribed by Decree of the Ministry of Employment and Labor, special health examinations for the relevant hazardous factors shall be deemed provided for employees who have received such health examinations:

1. Employees engaged in work where they are exposed to hazardous factors prescribed by Decree of the Ministry of Employment and Labor (hereinafter referred to as "work subject to special health examination");

2. Employees who are medically determined to have an occupational disease based on the results of a health examination referred to in subparagraph 1, paragraph (3), or Article 131; are transferred to a different work position or work site and not engaged in the work subject to special health examination that is determined as a cause of the occupational disease; and are issued a medical referral by a physician referred to in Article 2 of the Medical Service Act that indicates the need for them to undergo a health examination related to the relevant hazardous factor.

(2) With respect to an employee to be assigned to any work subject to special health examination, a business owner shall provide a health examination to assess whether the employee is suitable to conduct such work (hereinafter referred to as "pre-placement health examination"); provided, a pre-placement health examination need not be provided for employees prescribed by Decree of the Ministry of Employment and Labor.

(3) A business owner shall provide a health examination (hereinafter referred to as "occasional health examination") for an employee prescribed by Decree of the Ministry of Employment and Labor, such as an employee for whom a business owner is recommended to provide a health examination by a health officer, among the employees showing symptoms of a health impairment suspected to be caused by hazardous factors related to any work subject to special health examination or in receipt of such medical opinions.

(4) A business owner shall provide health examinations prescribed in paragraphs (1) through (3) to be conducted at special health examination institutions referred to in Article 135(1).

(5) The timing, frequency, items, methods, and cost of health examinations prescribed in paragraphs (1) through (3), and other necessary matters shall be prescribed by Decree of the Ministry of Employment and Labor.

Article 135(Special health examination institutions) #

(1) Any medical institution prescribed in Article 3 of the Medical Service Act that intends to conduct special health examinations, pre-placement health examinations, or occasional health examinations shall be designated as an institution eligible to conduct health examinations (hereinafter referred to as "special health examination institution") by the Minister of Employment and Labor.

(2) Any person intending to be designated as a special health examination institution shall apply for such designation to the Minister of Employment and Labor after meeting the requirements prescribed by Presidential Decree.

(3) The Minister of Employment and Labor may verify the capabilities of special health examination institutions referred to in paragraph (1) to conduct health examination and analysis to ensure the accuracy and precision of the results of their examination and analysis, and guide or educate such institutions. In such cases, the methods and procedures for verifying the capabilities to perform examination and analysis, and for guiding and educating special health examination institutions, and other necessary matters shall be determined and publicly notified by the Minister of Employment and Labor.

(4) The Minister of Employment and Labor may evaluate special health examination institutions and publish the results of such evaluation (including the results of verifying the capabilities to perform examination and analysis prescribed in paragraph (3)). In such cases, matters necessary for the standards and methods for evaluation, and for publishing the results of evaluation shall be prescribed by Decree of the Ministry of Employment and Labor.

(5) The procedures for applying for designation as a special health examination institution, its performance of duties, areas where it can conduct its duties, and other necessary matters shall be prescribed by Decree of the Ministry of Employment and Labor.

(6) Article 21(4) and (5) shall apply mutatis mutandis to special health examination institutions. In such cases, "specialized safety management institution or specialized health management institution" shall be construed as "special health examination institution".

Article 141(Epidemiological investigations) #

(1) Where deemed necessary to diagnose and prevent an occupational disease and to ascertain the cause thereof, the Minister of Employment and Labor may conduct an epidemiological investigation of the correlation between the relevant employee's disease and hazardous factors in the workplace (hereinafter referred to as "epidemiological investigation"). In such cases, where a business owner, the representative of employees, or any other person prescribed by Decree of the Ministry of Employment and Labor requests participation in an epidemiological investigation, the relevant person may be permitted to participate therein, as prescribed by Decree of the Ministry of Employment and Labor.

(2) A business owner and employees shall fully cooperate with an epidemiological investigation conducted by the Minister of Employment and Labor, and shall not refuse, obstruct, or evade such investigation without good cause.

(3) No one shall refuse or obstruct the participation in an epidemiological investigation by a person permitted to participate in the epidemiological investigation under the latter part of paragraph (1).

(4) No person who participates in an epidemiological investigation under the latter part of paragraph (1) shall divulge or appropriate confidential information that he or she becomes aware of while participating in the epidemiological investigation.

(5) Where necessary for an epidemiological investigation, the Minister of Employment and Labor may request the relevant data from the relevant institutions, including the results of health examinations of employees prescribed in Articles 129 through 131, records of health care benefits and results of health checkups prescribed in the National Health Insurance Act, employment information prescribed in the Employment Insurance Act, and information on a disease and a cause of death prescribed in the Cancer Control Act. In such cases, any institution so requested shall comply therewith, unless there is a compelling reason not to do so.

(6) The methods, subject matters, and procedures of epidemiological investigations, and other necessary matters shall be prescribed by Decree of the Ministry of Employment and Labor.

Article 145(Registration of instructors) #

(1) Where an instructor intends to perform his or her duties as an instructor, he or she shall be registered with the Minister of Employment and Labor, as prescribed by Decree of the Ministry of Employment and Labor.

(2) Any instructor registered under paragraph (1) may incorporate a corporation to perform duties systematically and professionally.

(3) None of the following persons may be registered under paragraph (1):

1. A person under adult guardianship or under limited guardianship;

2. A person declared bankrupt who has not been reinstated;

3. A person for whom two years have not passed since his or her imprisonment without labor or heavier punishment declared by a court was completely executed (including where the execution is deemed completed) or exempted;

4. A person who is under suspension of the execution of his or her imprisonment without labor or heavier punishment declared by a court;

5. A person for whom one year has not passed since he or she was sentenced to a fine for violating this Act;

6. A person for whom two years have not passed since his or her registration was revoked under Article 154 (excluding where the registration is revoked for falling under subparagraph 1 or 2 of this paragraph).

(4) Any instructor registered pursuant to paragraph (1) shall renew his or her registration every five years, as prescribed by Decree of the Ministry of Employment and Labor.

(5) Registration may be renewed under paragraph (4) only for instructors who have actual records of providing instructions prescribed by Decree of the Ministry of Employment and Labor; provided, instructors whose actual records of providing instructions do not meet the applicable standards shall undergo the continuing education prescribed by Decree of the Ministry of Employment and Labor before renewing his or her registration.

(6) The provisions pertaining to partnership companies in the Commercial Act shall apply to corporations referred to in paragraph (2).

Article 158(Subsidizing and supporting industrial accident prevention projects) #

(1) The Government may fully or partially subsidize business owners, organizations of business owners or employees, agencies specializing in preventing industrial accidents, research institutes, etc. for expenses incurred in industrial accident prevention projects prescribed by Presidential Decree within the budget, or provide other necessary support (hereinafter referred to as "subsidy or support"). In such cases, the Minister of Employment and Labor shall manage and supervise such subsidy or support to ensure that it is used efficiently in compliance with the purpose of industrial accident prevention projects.

(2) Where a person who has received a subsidy or support falls under any of the following cases, the Minister of Employment and Labor shall revoke such subsidy or support fully or partially; provided, in cases falling under subparagraph 1 or 2, the relevant subsidy or support shall be fully revoked:

1. Where he or she has received a subsidy or support by fraud or other improper means;

2. Where he or she closes his or her business or is declared bankrupt;

3. Where he or she fails to maintain, manage, or use the matter eligible for a subsidy or support in conformity with the purpose of support by willfully selling, destroying, or losing such matter;

4. Where a subsidy or support has not been used appropriately for purposes of an industrial accident prevention project referred to in paragraph (1);

5. Where he or she relocates the facility or equipment eligible for a subsidy or support to a foreign country before the period of subsidization or support ends;

6. In cases prescribed by Decree of the Ministry of Employment and Labor where a business owner in receipt of a subsidy or support breaches his or her obligation to take safety and health measures, causing an industrial accident.

(3) Among the cases where the Minister of Employment and Labor fully or partially revokes a subsidy or support pursuant to paragraph (2), in any case specified in subparagraph 1 or subparagraphs 3 through 5 of that paragraph, the Minister shall recover the relevant amount or an amount equivalent to the support and may additionally recover an amount not exceeding five times the amount paid as prescribed by Presidential Decree; and in the case of subparagraph 2 (in cases of bankruptcy, the amount shall not be recovered) or 6 of that paragraph, the Minister shall recover the relevant amount or an amount equivalent to the support. <Amended on May 18, 2021>

(4) A person who is subject to full or partial revocation of a subsidy or support under paragraph (2) may not be granted a subsidy or support for a specified period not exceeding five years from the date the subsidy or support is revoked, as prescribed by Decree of the Ministry of Employment and Labor. <Amended on May 18, 2021>

(5) The targets of a subsidy or support, the methods and procedures for subsidization or support, the management and supervision of subsidization or support, the methods for revocation and recovery under paragraphs (2) and (3), and other necessary matters shall be determined and publicly notified by the Minister of Employment and Labor.

Article 161(Penalty surcharges imposed for breach of obligation, such as ban on contracting) #

(1) Where a business owner falls under any of the following cases, the Minister of Employment and Labor may impose and collect a penalty surcharge not exceeding one billion won:

1. Where he or she awards a contract in violation of Article 58(1);

2. Where he or she awards a contract without approval in violation of Article 58(2)2 or 59(1);

3. Where he or she subcontracts a contract awarded with approval in violation of Article 60.

(2) Where the Minister of Employment and Labor imposes a penalty surcharge under paragraph (1), the following matters shall be taken into account:

1. The contract amount, duration, frequency, etc.;

2. The extent of efforts to implement measures necessary to prevent industrial accidents involving employees of a relevant contractor;

3. Whether an industrial accident has occurred.

(3) Where a person obliged to pay a penalty surcharge referred to in paragraph (1) fails to pay it by the payment deadline, the Minister of Employment and Labor shall collect an additional charge prescribed by Presidential Decree, in an annual amount of up to 6/100 of the unpaid penalty surcharge, for a period from the day following the payment deadline to the day before the date the penalty surcharge is paid. In such cases, the period of collecting an additional charge shall not exceed 60 months.

(4) Where a person obliged to pay a penalty surcharge referred to in paragraph (1) fails to pay it by the payment deadline, the Minister of Employment and Labor shall demand the payment by determining a payment period; and where the person fails to pay the penalty surcharge referred to in paragraph (1) and an additional charge referred to in paragraph (3) within such period, the Minister of Employment and Labor shall collect the amount in the same manner as delinquent national taxes.

(5) The collection of penalty surcharges and additional charges referred to in paragraphs (1) and (3), the procedures for dispositions on delinquency referred to in paragraph (4), and other necessary matters shall be prescribed by Presidential Decree.

Article 164(Retention of documents) #

(1) Each business owner shall retain the following documents for three years (referring to two years in cases of those prescribed in subparagraph 2); provided, the period for retention may be extended, as prescribed by Decree of the Ministry of Employment and Labor:

1. Documents relating to appointing a person in charge of safety and health management, safety officer, health officer, safety and health manager, or occupational health physician;

2. Minutes of meetings referred to in Articles 24(3) and 75(4);

3. Documents stating matters prescribed by Decree of the Ministry of Employment and Labor with respect to safety and health measures;

4. Records on the causes, etc. of industrial accidents prescribed in Article 57(2);

5. Documents concerning investigating the hazards and dangers of chemical substances prescribed in the main clause of Article 108(1) and Article 109(1);

6. Documents concerning working environment measurement prescribed in Article 125;

7. Documents concerning health examinations prescribed in Articles 129 through 131.

(2) A safety certification institution or safety inspection institution entrusted with affairs of safety certification or safety inspections shall retain documents prescribed by Decree of the Ministry of Employment and Labor regarding safety certification or safety inspection for three years; a person who has obtained safety certification shall retain documents on machinery, etc. subject to safety certification pursuant to Article 84(5) for three years; a person who manufactures or imports machinery, etc. subject to voluntary safety verification shall retain documents evidencing that such machinery, etc. meet the voluntary safety standards for two years; and a person who undergoes a voluntary safety inspection referred to in Article 98(1) shall retain documents on the results of the inspection conducted according to a voluntary inspection program for two years.

(3) The owner, etc. of a structure or facility which has undergone a general asbestos inspection shall retain documents on the results of the inspection until the dismantling or removal of the structure or facility is completed, while the owner, etc. of a structure or facility which has undergone an asbestos inspection by a designated institution and an asbestos inspection institute shall retain documents on the results of the inspection for three years.

(4) A working environment measurement institution shall retain documents stating matters prescribed by Decree of the Ministry of Employment and Labor regarding working environment measurement for three years.

(5) An instructor shall retain documents on matters prescribed by Decree of the Ministry of Employment and Labor regarding their services for five years.

(6) An asbestos dismantler or remover shall retain documents prescribed by Decree of the Ministry of Employment and Labor regarding dismantling or removing asbestos prescribed in Article 122(3) for 30 years.

(7) When documents referred to in any of paragraphs (1) through (6) exist in electronic form, such electronic data may be retained in lieu of the relevant documents.

Article 165(Delegation and entrustment of authority) #

(1) The authority of the Minister of Employment and Labor provided for in this Act may be partially delegated to the head of a regional employment and labor office, as prescribed by Presidential Decree.

(2) The Minister of Employment and Labor may entrust the following business affairs, among his or her business affairs provided for in this Act, to the Agency, any non-profit corporation prescribed by Presidential Decree, or a relevant specialized institution, as prescribed by Presidential Decree: <Amended on Aug. 8, 2023>

1. Business affairs concerning matters prescribed in Article 4(1)2 through 7 and 9;

2. Installing and operating facilities prescribed in subparagraph 3 of Article 11;

3. Organizing and operating a standard formulation committee prescribed in Article 13(2);

4. Evaluating institutions prescribed in Article 21(2);

5. Safety and health education related to jobs prescribed in the main clause, with the exception of its subparagraphs, of Article 32(1);

6. Registering institutions conducting safety and health education prescribed in the main clause of Article 31(1), pursuant to Article 33(1);

7. Evaluation referred to in Article 33(2);

8. Receiving and reviewing a hazard prevention plan referred to in Article 42, and verification prescribed in Article 43(1) and the main clause of paragraph (2) of that Article;

9. Receiving a process-safety report pursuant to the former part of Article 44(1), reviewing a process-safety report pursuant to Article 45(1), and verification prescribed in Article 46(2);

10. Evaluating safety and health checkup institutions referred to in Article 48(2);

11. Evaluating safety and health prescribed in Article 58(3) or the latter part of paragraph (5) of that Article (including cases applicable mutatis mutandis under Article 59(2));

12. Evaluating specialized guidance institutions for preventing construction industrial accidents referred to in Article 74(3);

13. Safety certification referred to in Article 84(1) and (3);

14. Verifying safety certification referred to in the main clause of Article 84(4);

15. Evaluating safety certification institutions referred to in Article 88(3);

16. Business affairs concerning reports on voluntary safety verification prescribed in the main clause, with the exception of the subparagraphs, of Article 89(1);

17. Safety inspections referred to in Article 93(1);

18. Evaluating safety inspection institutions referred to in Article 96(3);

19. Approving a voluntary inspection program referred to in Article 98(1);

20. Providing education on safety-related performance inspections referred to in Article 98(1)2, and evaluating voluntary safety inspection institutions referred to in Article 100(2);

21. Investigation, collection, and performance tests prescribed in Article 101;

22. Subsidization prescribed in Article 102(1), and registration prescribed in paragraph (2) of that Article;

23. Integrated management of information on the safety of hazardous or dangerous machinery, etc. prescribed in Article 103(1);

24. Evaluating hazards and dangers prescribed in Article 105(1);

25. Receiving material safety data sheets, etc. prescribed in Article 110(1) through (3);

26. Approving partial non-disclosure of material safety data sheets and others prescribed in Article 112 (1), (2), and (5) and Article 112-2;

27. Providing data relating to material safety data sheets prescribed in Article 116;

28. Verifying the capabilities to conduct asbestos inspections and providing guidance and education to asbestos inspection institutions under Article 120(2);

29. Evaluating asbestos inspection institutions prescribed in Article 120(3);

30. Evaluating the safety of asbestos dismantling or removal prescribed in Article 121(2);

31. Verifying the capabilities to measure and analyze working environments and providing guidance and education to working environment measurement institutions under Article 126(2);

32. Evaluating working environment measurement institutions prescribed in Article 126(3);

33. Evaluating the reliability of working environment measurement results prescribed in Article 127(1);

34. Verifying the capabilities to conduct examinations and analysis of special health examination institutions and providing guidance and education to them under Article 135(3);

35. Evaluating special health examination institutions prescribed in Article 135(4);

36. Designating research institutes specializing in special health examinations by hazardous factor prescribed in Article 136(1);

37. Business affairs concerning health management cards prescribed in Article 137;

38. Epidemiological investigations prescribed in Article 141(1);

39. Continuing education for instructors prescribed in the proviso of Article 145(5);

40. Training and education for instructors prescribed in Article 146;

41. Business affairs concerning providing, revoking, or recovering a subsidy or support, prescribed in Article 158(1) through (3).

(3) Executive officers or employees of a non-profit corporation or the relevant specialized institution entrusted with business affairs under paragraph (2) shall be deemed public officials in applying Articles 129 through 132 of the Criminal Act.

Article 174(Concurrent imposition of punishment and program attendance order) #

(1) Where a person is declared guilty by a court (excluding suspension of sentence) for causing the death of an employee in violation of Article 38(1) through (3) (including cases applicable mutatis mutandis in Article 166-2), 39 (1) (including cases applicable mutatis mutandis in Article 166-2), or 63 (including cases applicable mutatis mutandis in Article 166-2) or becomes subject to a summary order notified by a court, such person may be ordered to attend an educational program necessary for preventing industrial accidents for up to 200 hours or to complete an occupational safety and health program (hereinafter referred to as "program completion order"), concurrently with such sentence. <Amended on Mar. 31, 2020>

(2) A program attendance order referred to in paragraph (1) shall be imposed concurrently during the period of suspension of execution where a court declares the suspension of the execution of a sentence, and a program completion order shall be imposed concurrently where a court imposes a fine or heavier punishment or notifies a summary order. <Added on Mar. 31, 2020>

(3) A program attendance order or a program completion order referred to in paragraph (1) shall be executed during the period of suspension of execution where a court declares the suspension of the execution of a sentence; within six months from the date a sentence becomes final where a court imposes a fine or notifies a summary order; and within the term of punishment where a court imposes a sentence of imprisonment with labor or heavier punishment, respectively. <Amended on Mar. 31, 2020>

(4) Where a program attendance order or a program completion order referred to in paragraph (1) is imposed concurrently with a fine or the suspension of the execution of a sentence, it shall be executed by the head of a probation office and where imposed concurrently with imprisonment with labor or heavier punishment, by the head of a correctional facility; provided, where a person is released or released on parole before complying with a program completion order imposed concurrently with a sentence of imprisonment with labor or heavier punishment, or the execution of punishment becomes impossible for reasons, such as the inclusion of the number of the days of pre-trial detention, the remainder of such order shall be executed by the head of a probation office. <Amended on Mar. 31, 2020>

(5) A program attendance order or a program completion order referred to in paragraph (1) shall be executed as follows: <Amended on Mar. 31, 2020>

1. Education on safety and health;

2. Other necessary matters to prevent industrial accidents.

(6) Except as provided in this Act, the Act on Probation shall apply mutatis mutandis to a program attendance order and a program completion order. <Amended on Mar. 31, 2020>

Article 175(Administrative fines) #

(1) Any of the following persons shall be subject to an administrative fine not exceeding 50 million won:

1. A person who removes or dismantles a structure or facility without undergoing an asbestos inspection by a designated institute under Article 119(2);

2. A person who removes or dismantles a structure or facility, in violation of Article 124(3).

(2) Any of the following persons shall be subject to an administrative fine not exceeding 30 million won: <Amended on Mar. 31, 2020>

1. A person who violates Article 29(3) (including cases applicable mutatis mutandis in Article 166-2) or 79(1);

2. A person who fails to report or falsely reports the occurrence of a serious accident, in violation of Article 54(2) (including cases applicable mutatis mutandis in Article 166-2).

(3) Any of the following persons shall be subject to an administrative fine not exceeding 15 million won: <Amended on Mar. 31, 2020; Aug. 17, 2021>

1. A person who refuses, obstructs, or evades a safety and health checkup in violation of the former part of Article 47(3) or who fails to allow the representative of employees to participate in a safety and health checkup in violation of the latter part of that paragraph;

2. A person who fails to make a report prescribed in Article 57(3) (including cases applicable mutatis mutandis in Article 166-2) or falsely reports;

2-2. A person who fails to provide a place to install the facilities, etc. prescribed by Decree of the Ministry of Employment and Labor, such as sanitary facilities, or who fails to cooperate in use of sanitary facilities installed by a contractee, in violation of Article 64(1)6;

2-3. A person who fails to install rest facilities, in violation of Article 128-2(1) (limited to the business owner of a place of business that meets the criteria prescribed by Presidential Decree under paragraph (2) of that Article);

3. A person who refuses, obstructs, or evades an epidemiological investigation without good cause, in violation of Article 141(2);

4. A person who refuses or obstructs the participation in an epidemiological investigation by a person permitted to participate in the epidemiological investigation, in violation of Article 141(3).

(4) Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: <Amended on Mar. 31, 2020; Jun. 9, 2020; May 18, 2021; Aug. 17, 2021>

1. A person who fails to submit or falsely submits data concerning a relevant contractor, in violation of the latter part of Article 10(3);

2. A person who fails to report a plan for safety and health to the board of directors or to obtain approval thereof, in violation of Article 14(1);

3. A person who violates Article 41(2) (including cases applicable mutatis mutandis in Article 166-2) or Article 42(1), (5), or (6), the former part of Article 44(1), Articles 45(2), 46(1), 67(1) and (2), or 70(1), the latter part of Article 70(2), the latter part of Article 71(3), Articles 71(4), 72(1), (3), or (5) (applicable only to a contractee for construction works), 77(1), 78, or 85(1), the former part of Article 93(1), Articles 95 or 99(2), or the main clause, with the exception of the subparagraphs, of Article 107(1);

4. A person who violates an order referred to in Article 47(1) or 49(1);

5. A person who installs or dismantles a tower crane without registration, in violation of the former part of Article 82(1);

6. A person who fails to carry out working environment measurement under Article 125(1) and (2);

6-2. A person who fails to comply with the standards for the installation and management of rest facilities, in violation of Article 128-2(2);

7. A person who fails to provide a health examination of employees under Article 129(1) or 130(1) through (3);

8. A person who refuses, obstructs, or evades an inspection, checkup, or collection by a labor inspector prescribed in Article 155(1) (including cases applicable mutatis mutandis in Article 166-2) or (2) (including cases applicable mutatis mutandis in Article 166-2).

(5) Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended on Mar. 31, 2020; May 18, 2021>

1. A person who violates Article 15(1), 16(1), 17(1) or (3), or 18(1) or (3), the main clause of Article 19(1), the main clause of Article 22(1), Article 24(1) or (4), 25(1), 26, or 29(1) or (2) (including cases applicable mutatis mutandis in Article 166-2), Article 31(1) or 32(1) (only applicable to subparagraphs 1 through 4), Article 37(1), 44(2), 49(2), 50(3), 62(1), 66, 68(1), 75(6), 77(2), 90(1), 94(2), 122(2), or 124(1) (excluding submission of evidentiary data), and Article 125(7), 132(2), 137(3), or 145(1);

2. A person who violates an order issued under Article 17(4), 18(4), or 19(3);

3. A person who fails to post or keep a document on the essential provisions of this Act and of the orders issued pursuant to this Act, safety and health management regulations, or material safety data sheets, in violation of Article 34 or 114 (1);

4. A person who fails to post a list of matters subject to an order issued by the Minister of Employment and Labor, in violation of Article 53(2) (including cases applicable mutatis mutandis in Article 166-2);

4-2. A person who fails to submit an investigative report on hazards and dangers under Article 108(1), or who fails to submit the results of the investigation of hazards and dangers or data necessary to assess hazards and dangers under Article 109(1);

5. A person who fails to submit material safety data sheets, the names and content of chemical substances, or amended material safety data sheets, in violation of Article 110(1) through (3);

6. A person who falsely submits a document verifying that there is no chemical substance falling under the classification standards referred to in Article 104, except the chemical substances stated in a material safety data sheet provided by an overseas manufacturer, in violation of Article 110(2)2;

7. A person who fails to provide material safety data sheets, in violation of Article 111(1);

8. A person who provides alternative data for the names and content of chemical substances without obtaining approval therefor, in violation of the main clause of Article 112(1);

9. A person who applies for approval for non-disclosure or approval for extension prescribed in Article 112(1) or (5) by falsely stating the reasons for protecting the actual information on the grounds of trade secrets;

10. A person who fails to provide the actual names and content of chemical substances, for which alternative data have been submitted, in violation of the latter part, with the exception of the subparagraphs of Article 112(10);

11. A person appointed under Article 113(1) who conducts any duty prescribed in the subparagraphs of that paragraph by fraud;

12. A person appointed under Article 113(1) who fails to provide material safety data sheets that he or she has submitted to the Minister of Environment and Labor pursuant to paragraph (2) of that Article to the person who imports substances subject to material safety data sheet preparation;

13. A business owner who fails to comply with the methods to carry out the working environment measurement prescribed by Decree of the Ministry of Employment and Labor during working environment measurement referred to in Article 125(1) and (2) (excluding where a business owner entrusts working environment measurement to a working environment measurement institution pursuant to paragraph (3) of that Article);

14. A person who fails to allow the participation of the representative of employees despite his or her request therefor, in violation of Article 125(4) or 132(1);

15. A person who fails to inform the employees at the relevant workplace of the results of the working environment measurement, in violation of Article 125(6);

16. A person who fails to report or appear in violation of an order referred to in Article 155(3) (including cases applicable mutatis mutandis in Article 166-2), or who makes a false report.

(6) Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Amended on Mar. 31, 2020; Aug. 17, 2021>

1. A person who fails to have his or her employees complete safety and health education referred to in the main clause, with the exception of its subparagraphs, of Article 32(1) in violation of that paragraph (applicable only to cases falling under subparagraph 5);

2. A person who fails to provide notification to the representative of employees, in violation of Article 35;

3. A person who violates Article 40 (including cases applicable mutatis mutandis in Article 166-2), 108(5), 123(2), 132(3), 133, or 149;

4. A person who prepares and submits a hazard prevention plan without hearing opinions of qualified persons, in violation of Article 42(2);

5. A person who fails to obtain verification, in violation of Article 43(1) or 46(2);

6. A person who fails to enter into a guidance contract, in violation of Article 73(1);

6-2. A person who fails to provide guidance or to take appropriate measures according to the guidance, in violation of Article 73(2);

7. A person who fails to comply with an order to submit data referred to in Article 84(6);

8. Deleted. <May 18, 2021>

9. A person who fails to provide material safety data sheets by reflecting amended matters, in violation of Article 111(2) or (3);

10. A person who fails to take appropriate measures, such as educating the relevant employees, in violation of Article 114(3) (including cases applicable mutatis mutandis in Article 166-2);

11. A person who fails to place a warning, in violation of Article 115(1) or the main clause of paragraph (2) of that Article;

12. A person who removes or dismantles a structure or facility without conducting a general asbestos inspection referred to in Article 119(1);

13. A person who fails to report to the Minister of Employment and Labor, in violation of Article 122(3);

14. A person who fails to submit evidentiary data referred to in Article 124(1);

15. A person who fails to make a report, submission, or notification prescribed in Article 125(5), 132(5), or 134(1) or (2), or who falsely makes a report, submission, or notification;

16. A person who refuses, obstructs, or evades provision of a reply to any question prescribed in Article 155(1) (including cases applicable mutatis mutandis in Article 166-2), or who falsely replies to such question;

17. A person who refuses, obstructs, or evades inspection, guidance, etc. prescribed Article 156(1) (including cases applicable mutatis mutandis in Article 166-2);

18. A person who fails to retain documents, in violation of Article 164(1) through (6).

(7) Administrative fines prescribed in paragraphs (1) through (6) shall be imposed and collected by the Minister of Employment and Labor, as prescribed by Presidential Decree.

OCCUPATIONAL SAFETY AND HEALTH ACT

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Scope of application) #

Article 4(Responsibilities of the Government) #

Article 4-2(Responsibilities of local governments) #

Article 4-3(Industrial accident prevention activities by local governments) #

Article 5(Obligation of business owners) #

Article 6(Obligation of employees) #

Article 7(Formulation and publication of basic plans for preventing industrial accidents) #

Article 8(Requests for cooperation) #

Article 9(Establishment and operation of integrated information system on industrial accident prevention) #

Article 10(Publication of number of industrial accidents) #

Article 11(Installation and operation of industrial accident prevention facilities) #

Article 12(Financial resources for preventing industrial accidents) #

Article 13(Standards for technology or working environments) #

Article 14(Report to and approval of board of directors) #

Article 15(Persons in charge of safety and health management) #

Article 16(Supervisors) #

Article 17(Safety officers) #

Article 18(Health officers) #

Article 19(Safety and health managers) #

Article 20(Guidance and advice of safety officers) #

Article 21(Specialized safety management institutions) #

Article 22(Occupational health physicians) #

Article 23(Honorary occupational safety inspectors) #

Article 24(Occupational safety and health committee) #

Article 25(Preparation of safety and health management regulations) #

Article 26(Procedures for preparing and amending safety and health management regulations) #

Article 27(Compliance with safety and health management regulations) #

Article 28(Application mutatis mutandis of other statutes) #

Article 29(Safety and health education for employees) #

Article 30(Exemption from safety and health education for employees) #

Article 31(Basic education on safety and health in construction business) #

Article 32(On-the-job training for persons in charge of safety and health management) #

Article 33(Safety and health educational institutions) #

Article 34(Posting purport of statutes or regulations) #

Article 35(Request for notification by representative of employees) #

Article 36(Conducting risk assessment) #

Article 37(Installation and affixing of safety and health signs) #

Article 38(Safety measures) #

Article 39(Health measures) #

Article 40(Safety measures and health measures to be observed by employees) #

Article 41(Measures for preventing health impairments caused by abusive language of customers) #

Article 42(Preparation and submission of hazard prevention plans) #

Article 43(Verification of implementation of hazard prevention plans) #

Article 44(Preparation and submission of process-safety reports) #

Article 45(Review of process-safety reports) #

Article 46(Implementation of process-safety reports) #

Article 47(Safety and health checkup) #

Article 48(Safety and health checkup institutions) #

Article 49(Order to formulate and implement safety and health improvement plans) #

Article 50(Submission of safety and health improvement plans) #

Article 51(Suspension of work by business owners) #

Article 52(Suspension of work by employees) #

Article 53(Corrective measures by Minister of Employment and Labor) #

Article 54(Measures by business owners in cases of serious accidents) #

Article 55(Measures for suspension of work by the Minister of Employment and Labor in cases of serious accidents) #

Article 56(Investigation of causes of serious accidents) #

Article 57(Prohibition on concealing occurrence of industrial accidents and reporting thereof) #

Article 58(Prohibition of contracts for hazardous work) #

Article 59(Approval of contracts) #

Article 60(Prohibition of subcontracting after obtaining approval of contracts) #

Article 61(Obligation to select qualified contractors) #

Article 62(Persons in general charge of safety and health) #

Article 63(Safety and health measures by contractees) #

Article 64(Measures for preventing industrial accidents in contracting) #

Article 65(Provision of information on safety and health by contractees) #

Article 66(Corrective measures against relevant contractors by contractees) #

Article 67(Measures for preventing industrial accidents by persons placing order for construction works) #

Article 68(Safety and health coordinators) #

Article 69(Prohibition on reducing construction periods and changing construction methods) #

Article 70(Extension of period of construction works) #

Article 71(Requests for design modification) #

Article 72(Appropriation of funds for occupational safety and health management for construction works) #

Article 73(Guidance on prevention of industrial accidents during construction works) #

Article 74(Specialized guidance institutions for preventing construction industrial accidents) #

Article 75(Special cases concerning establishing and operating council on safety and health) #

Article 76(Safety measures by contractees for construction works for machinery and apparatus) #

Article 77(Safety and health measures for persons in special types of employment) #