Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Korea Occupational Safety and Health Agency Act and matters necessary for the enforcement thereof.
[This Article Wholly Amended on Jan. 14, 2009]
Article 2(Registration of establishment) #
(1) The Korea Occupational Safety and Health Agency (hereinafter referred to as the "Agency") established under Article 4 of the Korea Occupational Safety and Health Agency Act (hereinafter referred to as the "Act"), shall register its establishment within 3 weeks from the date on which its articles of incorporation are authorized.
Matters to be registered pursuant to paragraph (1) shall be as follows:
1. Purpose;
2. Name;
3. Location of the main office;
4. Locations of branch offices and affiliated institutions under Article 26 of the Act;
5. Names and domiciles of executive officers;
6. Methods of public announcement.
[This Article Wholly Amended on Jan. 14, 2009]
Article 3(Registration of establishment of branch offices) #
If the Agency establishes a branch office (including its affiliated organizations under Article 26 of the Act; hereinafter the same shall apply) pursuant to Article 3 (2) of the Act, it shall register the name, location, and date of establishment of the branch office established at the location of its main office within 3 weeks after the establishment of the branch office.
[This Article Wholly Amended on Jan. 21, 2025]
Article 4(Registration of relocation) #
(1) If the Agency relocates its main office, it shall register the new location and the date of relocation within 2 weeks of the relocation at the former or new location.
(2) If the Agency relocates its branch office, it shall register the new location and the date of relocation within 2 weeks of the relocation at the location of the main office.
[This Article Wholly Amended on Jan. 21, 2025]
Article 5(Registration of changes) #
If any change occurs in the matters registered under the subparagraphs of Article 2 (2) or under Article 3 (excluding cases falling under the registration of relocation under Article 4), the Agency shall register such change at the location of its main office within 2 weeks after such change.
[This Article Wholly Amended on Jan. 21, 2025]
Article 6(Accompanying documents required for registration applications) #
Applications for registration shall be accompanied by the relevant documents classified as follows:
1. Registration of establishment under Article 2: The Agency's articles of incorporation and documents certifying the qualifications of executive officers;
2. Registration of the establishment of a branch office under Article 3: Documents certifying the establishment of the branch office;
3. Registration of relocation under Article 4: Documents certifying the relocation of the main office or branch office;
4. Registration of changes under Article 5: Documents certifying the changes made.
[This Article Wholly Amended on Jan. 14, 2009]
Article 7(Calculation of registration period) #
If there are matters to be registered under Articles 2 through 5 requiring authorization or approval from the Minister of Employment and Labor, the registration period shall be calculated from the date written authorization or approval is obtained. <Amended on Jul. 12, 2010>
[This Article Wholly Amended on Jan. 14, 2009]
Article 8(Government's contributions) #
(1) If the Government or the Industrial Accident Compensation Insurance and Prevention Fund intends to provide contributions to the Agency pursuant to subparagraphs 1 and 2 of Article 13 of the Act, the Minister of Employment and Labor shall reflect such contributions in the budget and ensure their payment. <Amended on Jul. 12, 2010>
(2) Once the budget for contributions under paragraph (1) is finalized, the Minister of Employment and Labor shall notify the Agency of the finalized budget. <Amended on Jul. 12, 2010>
(3) If the Agency intends to receive contributions, it shall submit an application for payment to the Minister of Employment and Labor, along with a quarterly business plan and a quarterly budget execution plan. <Amended on Jul. 12, 2010>
(4) If the Minister of Employment and Labor who receives an application under paragraph (3) determines that the quarterly business plan and the quarterly budget execution plan are appropriate, he or she shall provide contributions accordingly. <Amended on Jul. 12, 2010>
[This Article Wholly Amended on Jan. 14, 2009]
Article 9(Contributions from persons other than the Government) #
The methods, etc. for making contributions or donations received from persons other than the Government under subparagraph 1 of Article 13 of the Act may be determined through consultation between the intended donors or intended contributors and the Minister of Employment and Labor. <Amended on Jul. 12, 2010>
[This Article Wholly Amended on Jan. 14, 2009]
Article 10 #
Deleted. <Jan. 14, 2009>
Article 11(Disposal of important property) #
If the Agency intends to transfer, acquire, lend, exchange, or provide any of the following properties as security, it shall obtain prior approval from the Minister of Employment and Labor: <Amended on Jul. 12, 2010>
1. Land, forest land, buildings, and ancillary facilities owned by the Agency;
2. Key equipment utilized for education, safety and health checkups, safety certification, and safety inspections;
3. Other property which is a substantial factor in the increase or decrease in the Agency's property's value.
[This Article Wholly Amended on Jan. 14, 2009]
Article 12(Application for approval of borrowing of funds) #
If the Agency intends to obtain approval to borrow funds pursuant to Article 15 of the Act, it shall submit an application for approval to the Minister of Employment and Labor including the following matters: <Amended on Jul. 12, 2010>
1. The reasons for the borrowing;
2. The name of the lending institution;
3. The amount to be borrowed;
4. Terms and conditions of borrowing;
5. The repayment methods and the repayment period;
6. Other matters necessary for borrowing of funds and the repayment thereof.
[This Article Wholly Amended on Jan. 14, 2009]
Article 13 #
Deleted. <Jan. 14, 2009>
Article 14 #
Deleted. <Jan. 14, 2009>
Article 15 #
Deleted. <Jan. 14, 2009>
Article 16(Supervision of business affairs) #
A public official inspecting the Agency's books, documents, and other articles pursuant to Article 21 (2) of the Act shall carry identification verifying his or her authority and present it to relevant persons.
[This Article Wholly Amended on Jan. 14, 2009]
Article 17(Organization and operation of the Occupational Safety and Health Council) #
(1) The Occupational Safety and Health Council under Article 25 of the Act (hereinafter referred to as the "Council") shall be comprised of not more than 30 members, including the chairperson.
(2) The chairperson shall be the Agency's president, and the members shall be commissioned by the chairperson from among up to 15 executive officers of organizations related to occupational safety and health designated by him or her, up to 5 representatives of employees, up to 5 representatives of business owners, and other persons with knowledge and experience in occupational safety and health.
(3) The chairperson shall represent the Council and exercise general supervision over its affairs.
(4) The term of office of each member shall be 3 years.
(5) If deemed necessary, the chairperson shall convene a meeting of the Council, and any decision thereof shall require the attendance of a majority of all incumbent members and the concurring vote of a majority of those present.
(6) Matters necessary for the operation of the Council shall be determined by the chairperson following its resolution.
[This Article Wholly Amended on Jan. 14, 2009]
Article 18(Functions of Council) #
The Council shall discuss the following matters:
1. Recommendations for the enactment and amendment of relevant statutes or regulations related to occupational safety and health;
2. Matters related to major projects related to occupational safety and health for each relevant organization;
3. Other matters referred to the Council by the chairperson.
[This Article Wholly Amended on Jan. 14, 2009]
Article 19(Standards for imposition of administrative fines) #
The standards for imposing administrative fines under Article 28 (1) of the Act shall be as specified in the Appendix.
[This Article Added on Dec. 21, 2021]