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