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OCCUPATIONAL SAFETY AND HEALTH ACT
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OCCUPATIONAL SAFETY AND HEALTH
ACT
Act No. 4220, Jan. 13, 1990
Amended by Act No. 4622, Dec. 27, 1993
Act No. 4826, Dec. 22, 1994
Act No. 4916, Jan. 5, 1995
Act No. 5248, Dec. 31, 1996
Act No. 5453, Dec. 13, 1997
Act No. 5454, Dec. 13, 1997
Act No. 5886, Feb. 8, 1999
Act No. 6104, Jan. 7, 2000
Act No. 6315, Dec. 29, 2000
Act No. 6590, Dec. 31, 2001
Act No. 6847, Dec. 30, 2002
Act No. 7428, Mar. 31, 2005
Act No. 7467, Mar. 31, 2005
Act No. 7920, Mar. 24, 2006
Act No. 8372 Apr. 11, 2007
Act No. 8373 Apr. 11, 2007
Act No. 8475 May 17, 2007
Act No. 8486 May 25, 2007
Act No. 8562 Jul. 27, 2007
Act No. 8694 Dec. 14, 2007
CHAPTER
General Provisions
Article 1 (Purpose)
The purpose of this Act is to maintain and promote the
safety and health of workers by preventing industrial accidents
and diseases
through establishing standards on occupational
safety and health and clarifying where the responsibility lies,
and by creating
a comfortable work environment.
Article 2 (Definition)
For the purpose of this Act,
1. the term ßÖindustrial accidents and diseasesß×refers to cases
when workers die, get injured or contract diseases due to
work-related
structures, equipment, raw materials, gas,
vapor, powder, dust, etc., or work and work-caused
reasons;
2. the term ßÖworkerß×means a worker as prescribed in Article
2 of the Labor Standards Act;
3. the term ßÖemployer means a person who carries on a
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business using workers;
4. the term ßÖrepresentative of workersß×refers to a trade union,
in case a trade union comprising the majority of workers
concerned
exists, and if such a trade union does not exist, a
person who represents the majority of workers concerned.;
5. the term ßÖwork environment monitoringß×means that a
employer formulates a monitoring plan on workers or
workplaces and gathers,
analyzes and evaluates samples for
the purpose of understanding the actual conditions of
work environment;
6. the term ßÖsafety and health diagnosisß×means an investigation
and evaluation carried out by a person designated by the
Minister
of Labor for the purpose of preventing industrial
accidents and diseases by discovering latent hazards and
establishing countermeasures
for the improvement of safety;
and
7. the term ßÖserious accidents and diseasesß×means industrial
accidents and diseases such as death, etc., the degree of
which is
serious, and which are prescribed by the Ordinance
of the Ministry of Labor.
Article 3 (Scope of Application)
(1) This Act shall apply to all businesses or workplaces
(hereinafter referred to as ßÖbusinessesß×): Provided that this
Act may
not apply wholly or partially to businesses as prescribed
by the Presidential Decree taking into consideration the degree
of hazard
and danger, the kinds and scale of business, the
location of business, etc.
(2) This Act and any order issued under this Act shall apply
to the State, local governments, and government-invested institutions.
Article 4 (Duty of the Government)
(1) In order to accomplish the goals of Article 1, the
Government shall fulfill faithfully the following responsibilities:
1. Matters concerning the establishment, execution, coordination
and control of the occupational safety and health policy;
2. Matters concerning the support and guidance of accident
and disease prevention for workplaces where accidents
and diseases occur
frequently;
3. Matters concerning the safety assessment and
improvement of harmful and dangerous machinery, tools,
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equipment as well as protective devices and personal
protective equipment, etc.;
4. Matters concerning the preparation of criteria for safety
and health measures and the guidance and control of
hazardous or dangerous
machinery, tools, equipment and
materials, etc.;
4-2. Matters concerning support for the establishment of
autonomous safety and health management system by
workplaces;
5. Matters concerning the promotion of public relations,
education, and accident-free campaigns to raise awareness
about safety
and health;
6. Matters concerning the research and development of
technology and the installation and operation of facilities
for safety and
health;
7. Matters concerning the maintenance and management of
investigations and statistics on industrial accidents and
diseases;
8. Matters concerning the support, guidance and control of
organizations related to safety and health; and
9. Other matters concerning measures for the prevention of
danger and health problems for workers.
(2) The Government shall consider policies to carry out
effectively the matters referred to in subparagraphs of paragraph
(1),
and if it is deemed necessary, may provide the Korea
Occupational Safety & Health Agency(hereinafter referred to as
the ßÖAgencyß×)
and other related organizations and institutes with
administrative and financial support.
Article 5 (Duties of employer)
(1) an employer shall observe the standards for the
prevention of industrial accidents and diseases as prescribed by
this Act and
any order issued under this Act, provide workers
with information on safety and health in the workplace, prevent
workersßÓhealth
problems caused by physical fatigue and mental
stress, safeguard the lives, and maintain and promote the safety
and health of workers
by creating a proper work environment
through the improvement of working conditions, and comply
with the industrial accident and
disease prevention policy executed
by the State.
(2) Any person who designs, manufactures or imports machinery,
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tools and other equipment, who manufactures or imports raw
materials, or who designs or builds any construction, shall observe
the standards as prescribed by this Act and orders issued
under this Act in carrying out such design, manufacture, import
or construction,
and strive to prevent the occurrence of industrial
accidents and diseases caused by the use of these objects.
Article 6 (Duties
of Worker)
A worker shall observe the standards for the prevention of
industrial accidents and diseases as prescribed by this Act and
orders
issued under this Act, and are subject to measures for
the prevention of industrial accidents and diseases taken by the
employer
or other related organizations.
Article 7 (Occupational Safety and Health Policy Deliberative
Committee)
(1) In order to deliberate and coordinate comprehensively
the basic plan on affairs of occupational safety and health
as prescribed
in subparagraphs of Article 4 (1) and major
policies related to the central administrative agencies, the
Occupational Safety and
Health Policy Deliberative Committee
(hereinafter referred to as the ßÖPolicy Deliberative Committeeß×)
shall be established in
the Ministry of Labor.
(2) The organization, function, and operation of the Policy
Deliberative Committee and other necessary matters shall be
determined
by the Presidential Decree.
Article 8 (Establishment and Publication of Industrial Accident
and Disease Prevention Plan)
(1) The Minister of Labor shall establish a midterm and
long-term basic plan for the prevention of industrial accidents
and diseases
(2) The Minister of Labor shall publish the industrial accident
and disease prevention plan established under paragraph (1)
through
the deliberation of the Policy Deliberative Committee.
This provision shall also apply when he desires to modify the
plan.
Article 9 (Request, etc., for Cooperation)
(1) If it is deemed necessary for the effective execution of
the industrial accident and disease prevention plan, the Minister of
Labor may request any necessary cooperation from the head of
a related administrative agency concerned or the head of a
government-invested
organization.
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(2) If the head of an administrative agency (excluding the
Ministry of Labor; hereinafter the same shall apply) desires to
regulate
safety and health in workplaces, he shall consult in
advance with the Minister of Labor.
(3) If the Minister of Labor requests any change in the
regulation in the course of consultation as referred to in
paragraph (2),
the head of the administrative agency shall
comply, and the Minister of Labor may, if necessary, confirm
the consulted and coordinated
matters by reporting them to the
Prime Minister.
(4) If it is deemed necessary for the prevention of industrial
accidents and diseases, the Minister of Labor may recommend
necessary
matters or request the cooperation of an employer, an
employersßÓorganization and other related persons.
Article 9-2 (Public Announcement
of the Number of industrial
accidents and diseases and Diseases in Workplaces,
etc.)
(1) The Minister of Labor may, if deemed necessary to
prevent industrial accidents and diseases, publicly announce the
number of
industrial accidents and diseases, accident rates and
rankings of workplaces determined by the Presidential Decree.
(2) Necessary
matters concerning procedures for and methods
of the announcement prescribed in paragraph (1) shall be
determined by the Ordinance
of the Ministry of Labor.
Article 10 (Duty to Report)
(1) an employer shall report to the Minister of Labor the
matters necessary for enforcing this Act or any order issued
under this
Act, and as prescribed by the Ordinance of the
Ministry of Labor.
(2) The form and time of the report and other necessary
matters pursuant to paragraph (1) shall be determined by the
Ordinance
of the Ministry of Labor.
Article 10-2 (Documentation of industrial accidents and diseases
and Diseases)
When an industrial accident or disease occurs, an employer
shall record the causes, etc. of the accident and disease as
prescribed
by the Ordinance of the Ministry of Labor and keep
it for three years.
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Article 11 (Posting of the Major Contents of the Act, etc.)
(1) an employer shall keep workers informed of the major
contents of
this Act and the orders enacted under this Act by
posting or keeping them at all times at each workplace.
(2) The representative
of workers may request the employer
to notify him of the contents or results of the following matters,
and the employer shall comply
faithfully:
1. Matters decided by the Occupational Safety and Health
Committee under Article 19 (2);
2. Matters as prescribed in subparagraphs of Article 20 (1);
3. Matters as prescribed in subparagraphs of Article 29 (1);
4. Deleted;
5. Matters as prescribed in Article 41;
5-2. Matters concerning work environment monitoring as
prescribed in Article 42 (1); and
6. Other matters concerning safety and health as prescribed
by the Ordinance of the Ministry of Labor.
Article 12 (Attachment, etc., of Safety Mark)
an employer shall install or attach safety and health marks,
under the conditions as prescribed by the Ordinance of the
Ministry
of Labor, for warning hazardous or dangerous facilities
and places in the workplace, guiding measures at the time of
emergency,
and raising safety consciousness. In this case, an
employer who hires a foreign worker according to Article 2 of
the Act on Employment
of Foreign Workers, etc. shall make
efforts to attach safety and health marks and safety rules in a
foreign language as prescribed
by the Minister of Labor.
CHAPTER
Safety and Health Management System
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Article 13 (Safety and Health Manager)
(1) an employer shall assign a person to be in charge of
safety and health management (hereinafter referred to as the
ßÖsafety
and health managerß×) for the purpose of general control
over the following matters:
1. Matters concerning the establishment of an industrial
accident and disease prevention plan;
2. Matters concerning the preparation of the safety and
health management regulations under Article 20;
3. Matters concerning the safety and health education of
employees under Article 31;
4. Matters concerning the inspection and improvement of the
work environment, such as the monitoring of the work
environment, etc.,
under Article 42;
5. Matters concerning the management of health, such as
health examinations, etc., of workers, under Article 43;
6. Matters concerning the investigation of the causes of
industrial accidents and diseases and the establishment of
measures to
prevent recurrence therefor;
7. Matters concerning the record and maintenance of statistics
on industrial accidents and diseases and diseases;
8. Matters concerning the determination of whether or not
safety devices and personal protective equipments related to
safety and
health meet product standards at the time of
purchase; and
9. Other matters concerning the prevention of hazard and
danger to workers under Chapter IV, and as prescribed
by the Ordinance
of the Ministry of Labor.
(2) The safety and health manager shall direct and control
the safety managers and health managers as prescribed in Articles
15
and 16.
(3) The categories and scale of the business to which the
safety and health manager is to be assigned, and other necessary
matters,
shall be determined by the Presidential Decree.
Article 14 (Supervisor )
(1) an employer shall have a supervisor of the workplace
(this refers to the head of a division within the management
structure,
who directly manages and supervises business and
employees related to production or who takes charge of such
a position; hereinafter
the same shall apply) with
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responsibility to carry out measures concerning safety and
health prescribed by the Presidential Decree such as safety and
health
inspection. For work prescribed by the Presidential
Decree which particularly requires the prevention of danger, he
shall perform
measures concerning safety and health prescribed
by the Presidential Decree such as special education for
assigned personnel.
(2) an employer shall, if having the supervisor prescribed
in paragraph (1), be considered to have the manager and the
person
in charge of safety management under Article 26-3 (1) 2
and 3 of the Construction Technology Management Act.
(3) Deleted
Article 15 (Safety Manager, etc.)
(1) an employer shall assign a safety manager at the
workplace to assist the employer or the safety and health
manager in technical
matters concerning the safety of those as
prescribed in subparagraphs of Article 13 (1), and to instruct
and advise a supervisor
on such matters to the supervisor
and person responsible for safety.
(2) The category and scale of the business to which a
safety manager is to be assigned, the number, qualifications,
duties, powers
and method of appointment of a safety manager,
and other necessary matters shall be determined by the
Presidential Decree.
(3) If it is deemed necessary for the prevention of industrial
accidents and diseases, the Minister of Labor may appoint more
than
the fixed number of safety managers, or order a safety
manager to be replaced.
(4) The owner of a business corresponding to the category
and scale as prescribed by the Presidential Decree may entrust
the duties
of a safety manager to a professional institution to
perform the safety management measures designated by the
Minister of Labor
(hereinafter referred to as the ßÖsafety management
service institutionß×).
(5) Matters concerning the requirements and procedures for
designating a safety management service institution shall be
determined
by the Presidential Decree and other necessary
matters concerning performance standard and safety management
service area of safety
management service institution shall be
determined by the Ordinance of the Ministry of Labor.
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Article 15-2 (Cancellation of Designation)
(1) The Minister of Labor may cancel the designation of a
safety management service institution or suspend its operation
up to
6 months if the institution falls under one of the
subparagraphs: Provided that it the safety management service
institution falls
under subparagraph 1, the designation shall be
cancelled.
1. When the institution was designated in false or other
illegal ways;
2. When the institution does not meet the requirements for
designation anymore;
3. When the institution carries out work which is beyond
what is designated; and
4. Other occasions prescribed by Presidential Decree.
(2) A safety management service institution whose designation
was cancelled
pursuant to paragraph (1) may not be designated
as a safety management service institution within 2 years from
the date of cancellation.
Article 15-3 (Surcharges)
(1) If it is deemed that suspension of operation could cause
severe inconvenience to users or undermine public interests as a
case
commanding suspension of operation under Article 15-2,
the Minister of Labor may impose a surcharge under 50 million
won in substitution
for suspension of operation.
(2) In case a person imposed a surcharge pursuant to
paragraph (1) does not pay the surcharge, he will be collected
according to
disposition for failure in tax payment.
(3) The imposition standard of surcharges under paragraph
(1) and other necessary matters
shall be determined by
Presidential Decree.
Article 16 (Health Manager, etc.)
(1) an employer shall assign a health manager to the
workplace to assist the employer or the safety and health
manager in technical
matters concerning the health of those as
prescribed in subparagraphes of Article 13 (1), and to instruct
and advise a supervisor
on such matters to the supervisor and
person responsible for safety.
24, 2006>
(2) The category and scale of the business to which a health
manager is to be assigned, the number, qualifications, duties,
powers,
method of appointment of a health manager, and other
necessary matters shall be determined by the Presidential Decree.
(3) The
provisions of Article 15(3) through (5) and Article
15-2 and 15-3 shall apply mutatis mutandis to a health
manager. In this case,
the term ßÖsafety managerß×shall be
regarded as ßÖhealth managerß×, ßÖsafety management measuresß×as
ßÖhealth management measuresß×and
ßÖsafety management service
institutionß×as ßÖhealth management service institution.ß×
Article 16-2 (Guidance and Advice of Safety Manager, etc.)
In cases where the safety manager under Article 15 or
health manager
under Article 16 proposes technical measures
concerning safety and health as prescribed in subparagraphs of
Article 13 (1) to the
employer or the safety and health
manager, or instructs and advises on such matters to the supervisor
and person responsible for
safety, the employer, the safety and
health manager, the supervisor and person responsible for
safety shall take pertinent measures
corresponding thereto.
Article 17 (Occupational Physician)
(1) an employer shall assign an occupational physician to the
workplace for the purpose of guiding the health management of
workers
and other duties of the health manager, except in case
where the assigned health manager is a doctor.
(2) The category and scale of the business to which an
occupational physician is to be assigned, the qualifications,
duties, powers
and method of appointment of an occupational
physician, and other necessary matters shall be determined by
the Presidential Decree.
Article 18 (General Safety and Health Manager)
(1) an employer a part of whose business is carried out
under a contract at the same place, and which is prescribed by
the Presidential
Decree, shall designate the safety and health
manager for the business as the general safety and health manager
for the purpose
of the general control over the prevention of
industrial accidents and diseases that may take place when
workers employed by the
employer and those employed by his
contractor (including the subcontractor; hereinafter the same
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shall apply) work together at the same place. In this case, the
employer whose business is not required to assign a safety and
health manager, shall designate the person who exercises general
control over the business at the workplace as a general safety
and health manager.
(2) an employer shall, if having designated a general safety
and health manager pursuant to paragraph (1), be
considered to have the general safety manager prescribed in
Article 26-3 (1) 1 of the Construction Technology Management
Act.
(3) The duties and powers of a general safety and health
manager and other necessary matters shall be determined by
the Presidential
Decree.
Article 19 (Occupational Safety and Health Committee)
(1) In order to deliberate or resolve important matters
concerning occupational
safety and health, an employer shall
establish and operate an occupational safety and health
committee composed of an equal number
of workers and
employers.
(2) an employer shall have an occupational safety and health
committee deliberate and resolve matters under the following
subparagraphs:
1. Matters concerning Article 13 (1) 1 through 5 and 7;
2. Matters concerning serious industrial accidents and diseases
as prescribed in Article 13 (1) 6; and
3. In case of introducing harmful and dangerous machine and
instrument, matters concerning safety and health measures.
(3) If it
is deemed necessary for the maintenance and
improvement of the safety and health of workers in workplace,
the occupational safety
and health committee may determine
matters concerning safety and health in workplace.
(4) The employer and workers shall faithfully fulfill the
matters determined by the occupational safety and health
committee under
paragraph (2) and (3).
(5) The deliberation, decision or determination by the
occupational safety and health committee under paragraphs (2)
and (3) shall
not be contrary to this Act and the order, the
collective agreement, and the employment rules pursuant to this
Act, and the safety
and health management regulations as
prescribed in Article 20.
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(6) an employer shall not treat a member of the Committee
unfavorably on the grounds that the member performed
legitimate activities
as a member of the Committee.
(7) The category and scale of the business for which an
occupational safety and health committee is to be established,
and matters
necessary for the composition and operation of
an occupational safety and health committee and for dealing
with the cases where
a decision is not reached, shall be
determined by the Presidential Decree.
CHAPTER
Safety and Health Management Regulations
Article 20 (Preparation, etc. of Safety and Health Management
Regulations)
(1) In order to maintain safety and health in workplace, an
employer shall prepare safety and health management
regulations including
the following matters, post or keep them
in workplace, and notify workers:
1. Matters concerning the safety and health management
organization and its function;
2. Matters concerning safety and health education;
3. Matters concerning the safety management of the workplace;
4. Matters concerning the health management of the workplace;
5. Matters concerning accident investigation and the formulation
of accident prevention plans; and
6. Other matters concerning safety and health.
(2) The safety and health management regulations as referred
to in paragraph (1)
shall not be contrary to the collective
agreement and the employment rules which are applicable to
the workplace concerned. In
case any part of the safety and
health management regulations are contrary to the collective
agreement or employment rules, it
shall be subject to such
standards of the collective agreement or employment rules.
(3) Necessary matters concerning the categories and scale of
the business required to prepare safety and health management
regulations,
and the details that should be included in
safety and health management regulations shall be determined
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by the Ordinance of the Ministry of Labor.
Article 21 (Procedure for Preparation and Modification of Safety
and Health Management Regulations)
(1) If an employer prepares or modifies the safety and
health management regulations under Article 20, he shall do so
through the
deliberation of the occupational safety and health
committee as prescribed in Article 19: Provided that for a
workplace where an
occupational safety and health committee is
not established, he shall obtain the consent of the representative
of workers.
(2) Deleted.
Article 22 (Observance etc., of Safety and Health Management
Regulations)
(1) an employer and workers shall observe safety and health
management regulations.
(2) Except as provided by this Act, the provisions of th e
Labor Standards Act concerning employment regulation s
shall be applicable
to safety and health management regulations,
unless they are contrary to the nature thereof.
CHAPTER
Measures for Preventing Hazard and Danger
Article 23 (Safety Measures)
(1) an employer shall take measures necessary for the
prevention of the following hazards in operating the business:
1. Hazards caused by machines, tools or other equipment;
2. Hazards caused by explosive, combustible or inflammable
substances; and
3. Hazards caused by electricity, heat or other energy.
(2) an employer shall take measures necessary for the
prevention of hazards
caused by improper work methods in
excavating, quarrying, stevedoring, timbering, transporting,
operating, dismantling, the handing
of heavy objects, and other
work.
(3) an employer shall take measures necessary for the
prevention of hazards in places where workers might fall
down, sand or structures,
etc., might collapse, material objects
might fall or come flying off, or any other hazard may be
- 14 -
anticipated in the course of carrying out work due to natural
disasters or acts of God.
(4) The safety measures to be taken by the employer under
paragraphs (1) through (3) shall be determined by the Ordinance
of the
Ministry of Labor.
Article 24 (Health Measures)
(1) an employer shall take measures necessary for the
prevention of the following health problems caused in operating
business:
1. Health problems caused by raw materials, gas, vapor, dust,
fume, mist, oxygen-deficient air, pathogens, etc.;
2. Health problems caused by radiation, hazardous rays,
high temperature, low temperature, ultrasonic waves, noises,
vibration,
abnormal atmosphere pressure, etc.;
3. Health problems caused by gas, liquid or remnants, etc.
discharged from the workplace;
4. Health problems caused by monitoring of gauges, operation
of computer terminals, precision work, etc.; and
5. Health problems caused by simple and repetitive work or
excessively physically demanding work ; and
6. Health problems caused by failure to maintain the proper
standards of ventilation, lighting, illumination, thermal
insulation,
dampproofing, cleaning, etc.
(2) The measures for health to be taken by the employer
under paragraph (1) shall be prescribed by the Ordinance of the
Ministry
of Labor.
Article 25 (Matters to be Observed by Workers)
Workers shall observe the measures taken by an employer
under Articles 23 and 24, as determined by the Ordinance of the
Ministry
of Labor.
Article 26 (Suspension, etc., of Work)
(1) If there is an imminent danger that an industrial accident
and disease may occur, or that a serious accident and disease
has
occurred, an employer shall take necessary measures for
safety and health, such as the immediate suspension of operations, the
evacuation of workers from workplace, and so on, and then
the work may be resumed.
(2) If any worker suspends work and takes shelter due to
any urgent risk of an industrial accident and disease, he shall
- 15 -
report it without delay to the immediate superior officer, who
shall take appropriate measures to address the situation.
(3) If there are reasonable grounds to believe that there exists
any imminent danger of an industrial accident and disease, an
employer shall not mistreat or dismiss the workers, because they
have suspended work and taken shelter as prescribed in
paragraph
(2).
(4) If a serious accident and disease occurs, the Minister of
Labor may conduct a investigation into the causes of the
serious
accident to find the cause or establish preventive
measures and have the labor inspector and expert concerned
conduct an investigation
into the cause of an accident and
disease, diagnosis of safety and health, and take other necessary
measures as prescribed by the
Ordinance of the Ministry of
Labor.
(5) In case of a serious accident, anyone shall not
undermine the spot of the accident with the aim to interrupt
the investigation
in paragraph (4).
Article 27 (Technical Guideline and Standards of Work Environment)
(1) The Minister of Labor may determine technical guidelines
and work environment standards on measures to be taken by
an employer pursuant to Articles 23, 24, and 26, and instruct
and recommend
them to the employers.
(2) If it is deemed necessary for determining the guidelines
and standards referred to in paragraph (1), the Minister of
Labor
may compose and operate a standard establishment committee
in respective fields.
(3) The composition and operation of a standard establishment
committee and other necessary matters shall be determined by
the
Minister of Labor.
Article 28 (Prohibition of Contract for Hazardous Work)
(1) Sectors of work which are hazardous or dangerous to
safety and health,
as prescribed by the Presidential Decree, may
not be separated out for contract (including a subcontract)
without obtaining the
approval of the Minister of Labor.
(2) The standards of the safety and health measures to be
observed at the time of contract of
any hazardous or dangerous
work under paragraph (1) shall be determined by the Ordinance
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of the Ministry of Labor.
(3) In case the Minister of Labor gives authorization as
referred to in paragraph (1), he shall conduct a safety and
health evaluation
on the basis of Article 49.
(4) In case a person received authorization as referred to in
paragraph (1) is short of the standard as referred to in paragraph
(2), the Minister of Labor shall cancel the authorization.
Article 29 (Safety and Health Measures for Contractor Business)
(1) The owner of a business, part of whose work is done
under a
contract and which is designated by the Presidential
Decree, shall take the following measures for the purpose of
preventing industrial
accidents and diseases which may occur
when those employed by him and those employed by his
contractor work together at the same
place:
1. Constitution and operation of a consultative body among
employers concerning safety and health;
2. Safety and health management, such as an inspection
tour, etc. of workplaces;
3. Guidance and support on safety and health education for
workers conducted by the contractor; and
4. Other matters prescribed by the Ordinance of the Ministry
of Labor for the purpose of preventing industrial accidents
and diseases.
(2) If the workers employed by his contractor work in a
place which is designated by the Ordinance of the Ministry of
Labor as
an area at risk of industrial accidents and diseases, the
employer designated in paragraph (1), shall take measures
necessary for
preventing industrial accidents and diseases designated
by the Ordinance of the Ministry of Labor.
(3) The employer referred to in paragraph (1) shall, as
prescribed by the Ordinance of the Ministry of Labor, make
safety and health
inspections of the job site periodically or at
any times together with his employees, his contractor and the
employees employed
by his contractor.
(4) In case a contractor or his worker violates this Act or
any order issued under this Act in connection with the work,
the employer
referred to in paragraph (1) may demand the
correction of such an offense if deemed necessary for the
prevention of an industrial
accident and disease.
Act No. 4916, Jan. 5, 1995>
(5) A contractor and his worker shall comply with the measures
or requirements referred to in paragraph (1) or (2), unless there
is an justifiable reason.
(6) No person who offers a contract for an undertaking such
as construction work, etc., to another person, shall attach any
condition
as to the method of work, the period of work, etc.
that may interfere with the safe and sanitary performance of the
work.
(7) Necessary matters for constitution and operation of a
consultative body as referred to in subparagraph 1 of paragraph
(1) shall
be determined by the Ordinance of the Ministry of
Labor.
Article 29-2 (Special Case on the Organization and Operation of a
Consultative Body on Safety and Health)
(1) The owner of a business, as stipulated in Article 29(1), which
falls under type and size determined by the Presidential Decree,
may organize and operate a labor-management consultative body
on safety and health, composed of the same number of workers
and
employers (hereinafter referred to as a "labor-management
consultative body") as prescribed by the Presidential Decree.
(2) In
case a business owner establishes and operate a
labor-management consultative body according to paragraph 1, he
or she shall be
regarded to establish and operate an occupational
safety and health committee prescribed in Article 19(1) and a
consultative body
on safety and health prescribed in Article 29(1)1.
(3) A business owner who organize and operate a
labor-management consultative body according to Paragraph 1 shall
go through deliberation and resolution of the labor-management
consultative body regarding matters of each subparagraph in Article
19(2). In this case, the process method on a matter that is
not
resolved at the labor-management consultative body shall be
determined by the Presidential Decree.
(4) A labor-management consultative body, if deemed necessary to
maintain and enhance workers' safety and health of the workplace,
may determine matters on safety and health of the workplace.
(5) A labor-management consultative body shall have consultation
on matters determined by the Ordinance of the Ministry of Labor
such as industrial accident prevention and evacuation method in
- 18 -
case of an industrial accident.
(6) A business owner and a worker who organize and operate a
labor-management consultative body according to Paragraph 1 shall
faithfully implement matters that the labor-management consultative
body deliberates, resolves or determines according to paragraph
3
and 4.
(7) Regarding a labor-management consultative body, Article 19(5)
and (6) are applied. In this case, "paragraph 2 and 3" shall be
regarded as "paragraph 3 and 4", and an "occupational safety and
health committee" shall be regarded as a "labor-management
consultative
body."
Article 30 (Appropriation of Occupational Safety and Health
Management Expenses)
(1) Any person who offers a contract for undertaking work
in construction business, shipbuilding and repairs business or
other
businesses designated by the presidential decree and executes
such businesses independently, shall, upon entering into the contract
or upon establishing an independent business plan, appropriate
occupational safety and health management expenses for the
prevention
of industrial accidents and diseases pursuant to the
Ordinance of the Ministry of Labor, in the amount of the
contract or work
expenses.
(2) In order to use efficiently the occupational safety and
health management expenses under paragraph (1), the Minister of
Labor
may determine standards of the following matters:
1. Standards for the disbursement of expenses according to
the progress of the construction work;
2. Method and details necessary for the disbursement by the
scale and category of the construction work; and
3. Other matters necessary for the use of the occupational
safety and health management expenses.
(3) A contractor or a person operating an independent business,
as referred to in paragraph (1), shall not use the occupational
- 19 -
safety and health management expenses for any other purpose.
In this case, with respect to the occupational safety and health
management
expenses for which the standards of their use are
determined under paragraph (2), he shall use the expenses
according to such standards,
and prepare and keep a record of
the expenses spent under the conditions prescribed by the
Ordinance of the Ministry of Labor.
(4) If a contractor or a person executing a business independently
as prescribed by the Ordinance of the Ministry of Labor, among
those referred to in paragraph (1), desires to use the
occupational safety and health management expenses, he shall
receive instruction
in advance from a specialized
institution(hereinafter referred to as the ßÖSpecialized Institution
Providing Guidance On Accident
Prevention") designated by
the Minister of Labor, on the method of their use and accident
and disease prevention measures, etc.
(5) The requirements and procedures for designating a
Specialized Institution Providing Guidance On Accident
Prevention, the contents
of instructions, and other necessary
matters pursuant to paragraph (4) shall be determined by the
Presidential Decree.
(6) The provisions of Article 15-2 and 15-3 shall be applied
mutatis mutandis to the Specialized Institution Providing
Guidance
On Accident Prevention referred to in paragraph (4).
In this case, the ßÖsafety management service institutionß×shall be
construed
as the ßÖSpecialized Institution Providing Guidance On
Accident Preventionß×.
Article 31 (Safety and Health Education)
(1) an employer shall periodically conduct education on
safety and health for the workers of his work place of business
as prescribed
by the Ordinance of the Ministry of Labor.
(2) When an employer employs workers, and when he changes
the contents of work, he shall
conduct education for the
workers on safety and health related to the work as prescribed
by the Ordinance of the Ministry of Labor.
(3) When an employer employs workers for a hazardous or
dangerous job, he shall conduct special education on safety and
- 20 -
health related to the work as prescribed by the Ordinance of
the Ministry of Labor.
(4) an employer may conduct the education on safety and
health as referred to in paragraphs (1) through (3) by
entrusting it to
an educational institution designated by the
Minister of Labor (hereinafter referred to as the ßÖdesignated
educational institutionß×).
(5) The requirements and procedures for designating an
educational institution and other necessary matters shall be
determined
by the Presidential Decree.
(6) The provisions of Article 15-2 shall be applied mutatis
mutandis to the designated educational institution referred to in
paragraph
(4). In this case, the ßÖsafety management service
institutionß×shall be construed as the ßÖdesignated educational
institutionß×.
Article 32 (Education for Safety and Health Manager)
(1) A person falling under any of the following subparagraphs
shall receive
job competency education on safety and health
(hereinafter referred to as "job competency education") to be
conducted by the Minister
of Labor:
1. A safety and health manager, safety manager and
health manager;
2. Deleted ;
3. A person engaged in the Specialized Institution Providing
Guidance On Accident Prevention ;
4. Deleted
(2) Notwithstanding paragraph (1), in a case determined
by the Ordinance of the Ministry of Labor such as receiving
education according
to other laws, whole or part of job
competency education may be exempted.
(3) Necessary matters for time, content and method of
education shall be determined by the Ordinance of the Ministry
of Labor.
Article 33 (Protective Measures for Hazardous or Dangerous Machines,
Instruments, etc.)
- 21 -
(1) Machines and instruments required for hazardous or
dangerous work or operated by electric power, which are
prescribed by the
Presidential Decree, shall not be transferred,
leased, installed, used, or displayed for the purpose of transfer
or lease, without
taking protective measures for the prevention
of hazard and danger, as prescribed by the Minister of Labor.
(2) Any person who
lends or borrows machines, instruments,
equipment, building, etc. as prescribed by the Presidential
Decree, to or from another
person, shall take measures necessary
for the prevention of hazard and danger as prescribed by the
Ordinance of the Ministry of
Labor.
(3) Deleted
(4) Deleted
(5) Deleted
(6) Deleted
(7) Deleted
(8) Deleted
(9) Deleted
(10) Deleted
<Enforcement Date Sep. 25, 2006>
<p>
Article 34 (Safety Certification)
<p>
(1) To assess the safety of hazardous or dangerous machines,
instruments, equipment as well as protective devices and personal
protective equipment (hereinafter referred to as "machines,
instruments, etc. subject to safety certification"), the Minister of
Labor may determine and announce safety certification criteria
concerning performance on safety of machines, instruments, etc.
subject to safety certification and a manufacturer's technology
capacity, production system, etc. (hereinafter referred to as "safety
- 22 -
<p>
certification criteria") In this case, safety certification criteria may be
determined classified by kind, standard and type of
machines,
instruments, etc. subject to safety certification.
(2) Those who manufacture (including a case in which
manufacturing
abroad and exporting to the Republic of Korea, and
setting up machines, instruments, etc. subject to safety certification,
as well
as changing major structural part. The following is the
same from this Article to Article 34-4.) machines, instruments, etc.
subject
to safety certification deemed necessary for safety and health
of workers and determined by the Presidential Decree (hereinafter
referred to as "machines, instruments, etc. subject to mandatory
safety certification") shall receive safety certification conducted
by
the Minister of Labor on whether machines, instruments, etc. subject
to mandatory safety certification are in accord with safety
certification criteria: Provided that, in a case determined by the
Ordinance of the Ministry of Labor such as importing
secondhand
machines, instruments, etc. subject to mandatory safety
certification from foreign countries, those who import may receive
safety
certification.
<p>
(3) In case of falling under any of the following
subparagraphs, all or part of safety certification prescribed in
paragraphs (2)
may be exempted under the conditions
determined by the Decree of the Minister of Labor:
<p>1. machines, instruments, etc. which have manufactured or
imported with the aim of research and development, or
manufactured with
the aim of export;
<p>
<p>2. machines, instruments, etc. which have received
certification from foreign safety certification institutions
recognized by the
Minister of Labor; and
<p>
<p>3. machines, instruments, etc. which have received a test or
certification in other laws.
<p>
(4) In the event of assessing the performance on safety of machines,
instruments, etc. not subject to mandatory safety certification,
a
person who manufactures may apply safety certification to the
Minister of Labor. In this case, the Miniater of Labor may carry
out safety certification according to safety certification standard.
(5) The Minister of Labor shall confirm whether a person who
manufactures complies with safety certification standard under
paragraph (2) and (4) (hereinafter referred to as "safety
certification").
In this case, a confirmation cycle shall be determined
by the Ordinance of the Ministry of Labor under three years.
- 23 -
<p>
(6) Application method and procedure of safety certification, and
method and procedure of confirmation under paragraph (5) shall
be
determined by the Ordinance of the Ministry of Labor.
Article 34-2 (Mark, etc. of Safety Certification)
(1)A person who has
received safety certification shall make on
machines, instruments, etc. subject to safety certification, and the
packages and containers
of the machines, instruments, etc. a
safety certification mark (hereinafter referred to as "safety
certification mark") pursuant
to the Ordinance of the Ministry of
Labor.
<p>
(2) Those not machines, instruments, etc. subject to safety
certification which have received safety certification shall not use
the safety certification for publicity.
<p>
(3) A person who manufactures, imports, transfers and lends
machines, instruments, etc. subject to safety certification which have
received safety certification, shall not arbitrarily change and remove
safety certification mark.
<p>
(4) In case of falling under any of the following subparagraphs,
the Minister of Labor shall order to remove safety certification
mark or other similar mark:
<p>
<p>1. In case safety certification mark or other similar mark is
made in violation of paragraph (2); and
<p>
<p>2. In case safety certification is revoked, or usage prohibition
order of safety certification mark is given pursuant to Article
34-3 (1).
<p>
Article 34-3 (Revocation of Safety Certification)
(1) If a person who has received the certification falls under
any of the following
subparagraphs, the Minister of Labor may
revoke the safety certification, prohibit the use of safety
certification mark, or order
improvements in accordance
with safety certification criteria by setting a period within six
months: Provided that, in the case
of subparagraph 1, safety
certification shall be revoked:
<p>
<p>1. If a person has received the certification in a false or other
unfair manner;
<p>
<p>2. If machines, instruments, etc. subject to safety certification
- 24 -
<p>
which has received safety certification are not in
accordance with safety certification criteria in their
performance, etc.; and
<p>
<p>3. If a person refuses, avoids or interrupts the confirmation under
Article 34(5) without a justifiable reason.
<p>
(2) If the Minister of Labor revokes safety certification pursuant to
paragraph (1), he/she shall make public notice determined
by the
Ordinance of the Ministry of Labor.
<p>
(3) Those whose safety certification is revoked pursuant to
paragraph (1) shall not apply for machines, instruments, etc. subject
to safety certification in the same size and form within one year of
the date safety certification is revoked.
<p>
Article 34-4 (Prohibition, etc. of Manufacture, Import, etc. of
Machines, Instruments, etc. Subject to Mandatory Safety
Certification)
<p>
(1) Machines, instruments, etc. subject to safety certification falling
under any of the following subparagraphs shall not be
manufactured,
imported, transferred, leased, or used or displayed
for the purpose of transfer or lease:
<p>
<p>1. Machines, instruments, etc. subject to safety certification which
did not receive safety certification (excluding cases in which
all of
safety certification is exempted pursuant to Article 34 (3)); and
<p>2. Machines, instruments, etc. subject to safety certification whose
safety certification is revoked, or machines, instruments, etc.
subject
to safety certification which receives an order to prohibit the use of
safety certification mark.
<p>
(2) The Minister of Labor may order those who manufacture, import,
transfer or lease machines, instruments, etc. subject to mandatory
safety certification in violation of paragraph (1) to collect and
destroy machines, instruments, etc. subject to mandatory safety
certification as determined by the Ordinance of the Ministry of
Labor.
<p>
Article 34-5 Deleted <by Act No. 8562, Jul. 27, 2007> <Enforcement Date Jan. 1, 2009>
<p>
Article 34-6 Deleted <by Act No. 8562, Jul. 27, 2007> <Enforcement Date Jan. 1, 2009>
<p>
- 25 -
<p>
Article 35 (Report of Self Safety Confirmation)
<p>
(1) Those who manufacture or import (including installing machines,
instruments, etc. subject to self safety confirmation or changing
a
major structural part. The rest is the same this Article through
Article 35-4.) machines, instruments, etc. subject to safety
certification determined by the Presidential Decree (hereinafter
referred to as "machines, instruments, etc. subject to self safety
confirmation") which are not machines, instruments, etc. subject to
mandatory safety certification, shall confirm (hereinafter
referred to
as "self safety confirmation") whether the performance on safety of
machines, instruments, etc. subject to self safety
confirmation is in
accordance with the safety standard determined and announced by
the Minister of Labor (hereinafter referred
to as "self safety
standard") and then report to the Minister of Labor. (including
changing the reported matters): Provided that,
if falling under any
of the following subparagraphs, reporting to the Minister of Labor
may be exempted:
<p>
<p>1. Manufacturing and importing for the purpose of research and
development, or manufacturing for the purpose of export;
<p>2. Receiving safety certification pursuant to Article 34 (4) (excluding
the revocation of safety certification and the receipt of
usage
prohibition order of safety certification mark under Article 34-3 (1));
and
<p>
<p>3. Receiving a test or certification on safety in other laws
determined by the Ordinance of the Ministry of Labor
(2) Those who
have reported pursuant to paragraph (1) shall keep
the document that verifies machines, instruments, etc. subject to self
safety
confirmation are in accordance with self safety standard.
(3) The reporting method under paragraph (1) and the matters
necessary
for document maintenance under paragraph (2) shall be
determined by the Ordinance of the Ministry of Labor.
Article 35-2 (Marking
etc. of self Safety Confirmation)
(1) Those who have reported pursuant to Article 35(1) shall make a
mark of self safety confirmation
as prescribed by the Ordinance of
the Ministry of Labor (hereinafter referred to as a "mark of self
safety confirmation") on machines,
instruments, etc. subject to self
safety confirmation, or a container and packing of the machines,
- 26 -
<p>
instruments, etc.
<p>
(2) Machines, instruments, etc. that are not reported ones subject to
self safety confirmation under Article 35(1) shall not have
a mark
of self safety confirmation or similar mark, and put an
advertisement on self safety confirmation.
<p>
(3) Those who manufacture, import, transfer or lease machines,
instruments, etc. subject to self safety certification that are reported
pursuant to Article 35(1) shall not arbitrarily change and remove a
mark of self safety confirmation
<p>
(4) The Minister of Labor shall, if falling under any of the
following subparagraphs, order to remove a mark of self safety
confirmation
or similar mark:
<p>
<p>1. Making a mark of self safety confirmation or similar mark in
violation of paragraph (2);
<p>
<p>2. Reporting pursuant to Article 35(1) in a false or other unfair
manner; and
<p>
<p>3. Receiving a usage prohibition order of self safety confirmation
under Article 35-3
<p>
Article 35-3 (Usage Prohibition etc. of Self Safety Confirmation
Mark)
<p>
If the performance on safety of machines, instruments, etc. subject
to self safety confirmation which are reported pursuant to Article
35(1) does not meet self safety standard, the Minister of Labor may
order a person who has reported under Article 35(1) to ban
using a
mark of self safety certification or improve according to self safety
standard by setting a period of six months or less.
Article 35-4 (Prohibition, etc, of Manufacture, Import, etc. of
Machines, Instruments, etc. Subject to Self Safety Confirmation)
(1) Machines, instruments, etc. subject to self safety confirmation
falling under any of the following subparagraphs shall not
be
manufactured, imported, transferred or leased, and be displayed for
transfer or lease:
<p>
<p>1. Failing to report pursuant to Article 35(1) (excluding the
exemption of report under the proviso of Article 35(1))
<p>2. Reporting pursuant to Article 35(1) in a false or other unfair
manner; and
<p>
- 27 -
<p>
<p>3. Receiving a usage prohibition order of self safety confirmation
mark under Article 35-3
<p>
(2) Targeting those who manufacture, import, transfer or lease
machines, instruments, etc. subject to self safety confirmation in
violation of paragraph (1), the Minister of Labor may order to
collect or scrap the machines, instruments, etc. subject to self
safety
confirmation as prescribed by the Ordinance of the Ministry of
Labor.
<p>
Article 36 (Safety Inspection)
<p>
(1) An employer who uses hazardous or dangerous machines,
instruments and equipment determined by the Presidential Decree
(hereinafter
referred to as "hazardous or dangerous machines, etc.")
shall take an inspection administered by the Minister of Labor on
whether
the safety performance of hazardous or dangerous machines,
etc. meets the inspection standard determined and announced by
the Minister
of Labor (hereinafter referred to as "safety inspection"):
Provided that, if an employer has taken an inspection or
certification
on safety under any other laws determined by the
Ordinance of the Ministry of Labor, he/she may be exempted from
a safety inspection.
<p>
(2) Hazardous or dangerous machines, etc. falling under any of the
following subparagraphs shall not be used:
<p>
<p>1. Hazardous or dangerous machines, etc. which have not taken a
safety inspection (excluding a case where a safety inspection is
exempted pursuant to the proviso of paragraph (1)); and
<p>2. Hazardous or dangerous machines, etc. which have failed to pass
a safety inspection
<p>
(3) Necessary matters concerning application, inspection method and
inspection cycle of a safety inspection shall be determined
by the
Ordinance of the Ministry of Labor. In this case, inspection cycle
shall be determined in consideration of the type of hazardous
or
dangerous machines, etc., a term of usage and dangerousness.
Article 36-2 (Safety Inspection According to Self Inspection
Program)
<p>
(1) Despite Article 36(1), if an employer determines an inspection
program which meets the inspection standard under Article 36(1)
and inspection method, inspection cycle, etc. under Article 36(3) in
consultation with workers' representative (hereinafter referred
to as
"self inspection program"), receives authorization of the Minister of
- 28 -
<p>
Labor, and accordingly conducts a performance inspection on the
safety of hazardous or dangerous machines, etc., he/she shall be
regarded having a safety inspection. In this case, the valid term of
self inspection program shall be two years.
<p>
(2) If an employer intends to conduct an inspection according to
self inspection program, he/she shall have a person who completes
qualification education determined by the Ordinance of the Ministry
of Labor and has experience carry out an inspection, and record
and preserve the result of the inspection.
<p>
(3) An employer may conduct the self-inspection referred to in
paragraph (2) by entrusting it to an inspection institution
designated
by the Minister of Labor (hereinafter referred to as
the ßÖdesignated inspection institutionß×).
<p>
(4) If a person who receives authorization of self-inspection
program falls under any of the following subparagraphs, the
Minister
of Labor may order improvement, such as revoking the
authorization of self-inspection program, conducting an inspection
according
to the content of recognized self-inspection program, etc.:
Provided that, authorization shall be revoked in the case of
subparagraph
1:
<p>
<p>1. If a person has received the self-inspection program in a false or
other unfair manner;
<p>
<p>2. Although a person has received the self-inspection program,
he/she did not conduct an inspection;
<p>
<p>3. If a person has not conducted an inspection according to the
content of recognized self-inspection program; and
<p>4. An inspection has not been conducted by a person with
qualification stipulated in paragraph (2) or a designated inspection
institution.
<p>
(5) An employer shall not use hazardous or dangerous machines, etc.
whose authorization of self-inspection program has revoked
pursuant to paragraph (4).
<p>
(6) Necessary matters concerning the content of self-inspection
program, the authorization conditions, method and procedures of
self-inspection program, designation conditions and procedures of a
designated inspection institution shall be determined by the
Ordinance of the Ministry of Labor.
<p>
- 29 -
<p>
(7) The provisions of Article 15-2 shall be applied mutatis mutandis
to the designated inspection institution. In this case, the
ßÖsafety
management service institutionß×shall be construed as the
ßÖdesignated inspection institutionß×.
<p>
Article 36-3 (Support for Manufacturing Business, etc. of Protective
Devices)
<p>
(1) The Minister of Labor may, for the purpose of the
promotion of product quality and design and construction
capability, give
necessary support within budgetary limits to a
person meeting the criteria designated by the Ordinance of the
Ministry of Labor,
who produces protective devices or personal
protective equipment for the prevention of hazard and danger, and
a person who designs
and constructs equipment for the
improvement of working conditions.
<p>
(2) A person who desires to receive support under paragraph
(1) shall meet the requirements of the Decree of the Ministry of
Labor
and make application to the Minister of Labor.
(3) If a person who has registered under paragraph (2) is
found to have registered
in false or other fraudulent ways, the
Minister of Labor may cancel the registration.
<p>
(4) The details of the support, registration and cancellation
procedures prescribed in paragraphs (1) through (3) and other
necessary
matters shall be determined by the Ordinance of the
Ministry of Labor.
<p>
Article 37 (Prohibition of Manufacturing, etc.)
<p>
(1) No person shall manufacture, import, transfer, offer or
use the substances falling under any of the following
subparagraphs
and determined by the Presidential Decree:
Provided that this shall not apply if such substances are
manufactured, imported or
used for test or research purpose
only under the conditions determined by the Presidential
Decree. <Amended by Act No. 6847, Dec. 30, 2002>
<p>
<p>1. Substances proven to cause occupational cancers and
identified as especially hazardous to workersßÓhealth;
<Newly Inserted by Act No. 6847, Dec. 30, 2002>
<p>
<p>2. Substances likely to cause significant health problems to
workers based on the results of risk assessment under
Article 39 or
Article 40; and <Newly Inserted by Act No. 6847, Dec. 30, 2002>
<p>
(2) In case of meeting the standard set by the Ordinance of
- 30 -
<p>
the Ministry of Labor for a test or research in spite of
paragraph (1), a person can manufacture, import or use
substance referred
to as paragraph (1) with the approval of the
Minister of Labor.
<p>
(3) If a person who receives authorization under paragraph
(2) does not meet the standard referred to as the same
paragraph, the
authorization shall be cancelled. <This Article Wholly Amended by Act No. 7920, Mar. 24, 2006>
<p>
Article 38 (Permission of Manufacturing, etc.)
<p>
(1) A person who desires to manufacture, use, dismantle or
remove the substances falling under any of the subparagraphs
of Article
37 (1) and determined by the Presidential Decree,
shall obtain in advance permission from the Minister of Labor
as prescribed by
the Ordinance of the Ministry of Labor. This
provision shall also apply when a person intends to modify any
of what was previously
permitted. <Amended by Act No. 6847, Dec. 30, 2002 and Act No. 7920, Mar. 24, 2006>
<p>
(2) Equipment for manufacturing, using, dismantling or removing
the substances prescribed in paragraph (1), working methods
and
other standards for permission shall be determined by the
Minister of Labor. <Amended by Act No. 6847, Dec. 30, 2002>
(3) Any person who has obtained permission under paragraph
(1) (hereinafter referred to as the ßÖhazardous substance manufacturer,
user, etc.ß×) shall maintain equipment for manufacturing, using,
dismantling or removing the substances in conformity with the
standards referred to in paragraph (2), and shall manufacture,
use, dismantle or remove the substances by proper working
methods
which conform to such standards. <Amended by Act No. 6847, Dec. 30, 2002>
<p>
(4) If the Minister of Labor deems that equipment for
manufacturing, using, dismantling or removing the substances or
the working
method of a hazardous substance manufacturer,
user, etc. is not in conformity with the standards referred to in
paragraph (2),
the Minister of Labor may order the hazardous
substance manufacturer, user, etc. to repair, remodel or transfer
the equipment so
as to be made in conformity with the standards
concerned, or to manufacture, use, dismantle or remove the
substances according
to working methods which conform to the
standards. <Amended by Act No. 6847, Dec. 30, 2002>
(5) If a hazardous substance manufacturer, user, etc. falls
under any of the following subparagraphs, the Minister of
Labor may
revoke the permission, or order the suspension of
business for a fixed period not exceeding six months: Provided
- 31 -
<p>
that in the case of subparagraph 1, the permission shall be
revoked. <Amended by Act No. 6847, Dec. 30, 2002 and Act No. 7920, Mar. 24, 2006>
<p>
<p>1. When those concerned were designated in false or other
illegal ways;
<p>
<p>2. When those concerned do not meet the permission standards
pursuant to paragraph (2);
<p>
<p>3. When those concerned violate the provisions of paragraph (3);
<p>4. When the orders under paragraph (4) are violated;
<p>5. When immediate repairs and necessary measures are not
taken after problems are discoverd as a result of self-
inspection; and
<p>
<p>6. Deleted <by Act No. 7920, Mar. 24, 2006>
(6) The application procedure for the permission under
paragraph (1) and other necessary matters shall be determined
by the Presidential
Decree. <Amended by Act No. 6104, Jan. 7, 2000>
Article 39 (Management, etc. of Hazardous Agents)
(1) The Minister of Labor shall classify and manage chemicals,
physical agents,
etc. causing health problems to workers (hereinafter
referred to as the ßÖhazardous agentsß×) according to the classification
standards
determined by the Ordinance of the Ministry of Labor.
(2) The Minister of Labor shall set the occupational exposure
limits for
the hazardous agents and announce them in an
official gazette. etc.
<p>
(3) The Minister of Labor may assess the risk of the hazardous
agents to workers' health and publicly announce the results of
the
hazard and risk assessment in an official gazette, etc.
(4) Necessary matters concerning selection criteria and
assessment methods
for the substances to be assessed for their
risk under paragraph (3) shall be determined by the Ordinance
of the Ministry of Labor.
<This Article Wholly Amended by Act No. 6847, Dec. 30, 2002>
<p>
Article 39-2 (Compliance with Permission Standards of Hazardous
Agents)
<p>
(1) As for hazardous agents as prescribed by the Presidential Decree,
which could cause serious health problems to workers, such
as a
carcinogen, an employer shall maintain the exposure density of
hazardous agents in the workplace below the level of permission
standards determined by the Ordinance of the Ministry of Labor, except
in any of the following cases:
<p>
<p>1. Installation and improvement of facilities and equipment is not
- 32 -
<p>
possible with the current technology:
<p>
<p>2. A serious defect happens with facilities and equipment caused by
a natural disaster, etc.;
<p>
<p>3. Temporary work and short-term work which is determined by
the Ordinance of the Ministry of Labor; and
<p>
<p>4. Other cases that are determined by the Presidential Decree
(2) In spite of the proviso in paragraph 1, an employer shall strive
to maintain the exposure density of hazardous agents below the level
of permission standards as stipulated in paragraph (1).
Article
40 (Hazard and Risk Evaluation of New Chemical)
(1) Any employer who desires to manufacture or import any
chemical other than those
prescribed by the Presidential Decree
(hereinafter referred to as the ßÖnew chemicalß×), shall submit to
the Minister of Labor
a hazard and risk evaluation report on
the new chemical, to prevent any health problems of workers
which may be caused by the chemical,
as prescribed by the
Presidential Decree, except in any of the following cases:
<Amended by Act No. 6847, Dec. 30, 2002>
<p>
<p>1. Cases where the new chemical is imported to supply
daily necessities to general consumers; and
<p>
<p>2. Cases(prescribed by the Ordinance of the Ministry of
Labor) where the import quantity of the new chemical is
small, or it is
deemed that the degree of hazard and risk
is low.
<p>
(2) Any employer shall immediately take necessary
measures according to the result of the hazard and risk evaluation
under paragraph
(1), for preventing health problems of workers
which are caused by new chemicals. <Amended by Act No. 6847, Dec. 30, 2002>
<p>
(3) The Minister of Labor shall, upon receiving the hazard
and risk evaluation report on new chemical under paragraph
(1), publicly
announce the names of the new chemical, its
risk, measures to be taken, etc. as prescribed by the Ordinance
of Ministry of Labor
and inform the ministries and agencies
concerned. <Amended by Act No. 6847, Dec. 30, 2002>
(4) The Minister of Labor may order the employer to take
necessary preventive measures, such as the installation or
maintenance
of facilities and equipment, the provision of personal
protective equipment, etc., if it is deemed necessary to prevent
workersßÓhealth
problems according to the hazard and risk
- 33 -
<p>
evaluation report submitted under paragraph (1). <Amended by Act No. 6847, Dec. 30, 2002>
<p>
(5) When an employer supplies or provides new chemical,
he/she shall also give documents containing all the measures
that need
to be taken to prevent workersßÓhealth problems
prescribed in paragraph (4). <Newly Inserted by Act No. 6847, Dec. 30, 2002>
<p>
Article 41 (Preparation, Maintaining, etc. of Material Safety Data
Sheet)
<p>
(1) If an employer desires to manufacture, import, use,
transport or store any chemical or preparations containing chemicals
(excluding
such preparations as prescribed by the Presidential
Decree; hereinafter the same shall apply), he/she shall prepare
in advance
data specifying all the following matters(hereinafter
referred to as ßÖmaterial safety data sheetß×), and post and
maintain them
in their work area to be seen easily by workers
handling such substances: <Amended by Act No. 6847, Dec. 30, 2002>
<p>
<p>1. Name, ingredients and composition of the chemical;
<Amended by Act No. 6847, Dec. 30, 2002>
<p>
<p>2. Handling precaution for safety and health;
<p>3. Health and ecological hazards identification; and
<Amended by Act No. 6847, Dec. 30, 2002>
<p>
<p>4. Other matters as determined by the ordinance of the
ministry of Labor.
<p>
(2) In spite of paragraph (1), when recording Material Safety
Data Sheet, an employer may not record concretely recognizable
information
for chemical substance or substance containing
chemicals recognized to have protection value as a business
secret as determined
by the Ordinance of the Ministry of Labor.
Instead, this is not the case for chemical substance or substance
containing chemicals,
which might cause serious health problems
to workers prescribed by the Minister of Labor. <Amended by Act No. 7920, Mar. 24, 2006>
<p>
(3) For the safety and health of workers handling the chemical
or preparations containing chemicals referred to in paragraph
(1),
an employer shall take proper measures, such as putting
warning label on its container and package and conducting
education for
workers, etc. <Amended by Act No. 6847, Dec. 30, 2002 and Act No. 7920, Mar. 24, 2006>>
<p>
(4) If the chemical or preparations containing chemicals
referred to in paragraph (1) are supplied or provided, the
material safety
data sheet shall be supplied or provided together
- 34 -
<p>
with them.<Amended by Act No. 7920, Mar. 24, 2006>
(5) If it is deemed necessary for maintaining the safety and
health of workers handling the chemical or preparations containing
chemicals as referred to in paragraph (1), the Minister of Labor
may order the employer to submit the material safety data
sheet,
or to modify the precautionary measures in handling
described in the material safety data sheet.<Amended by Act No. 7920, Mar. 24, 2006>
<p>
(6) an employer shall post the management method for
handling chemical or preparations containing chemicals at each
stage of working
process.<Amended by Act No. 7920, Mar. 24, 2006>
<p>
(7) If it is required for maintaining the safety and health of
the workers, the Minister of Labor may provide the workers
and the
employer with information related to the material safety
data sheet.<Amended by Act No. 7920, Mar. 24, 2006>
(8) A doctor who treats a worker, occupational physician,
health manager(including health management service institution
prescribed
in Article 16-3) or the representative of workers may
request the employer to provide information not prescribed in
Material Safety
Data Sheet under paragraph (2) as determined
by the Ordinance of the Ministry of Labor in order to maintain a
worker's safety and
health, and the employer shall comply. <This Article Newly Inserted by Act No. 7920, Mar. 24, 2006>
(9) The preparation and submission of the material safety
data sheet, the contents, location and posting method of
warning labels,
and other necessary matters, shall be determined
by the Ordinance of the Ministry of Labor. Matters relating to
the Toxic Chemicals
Control Act in the material safety data sheet
shall be determined after consultation with Minister of Environment.
<Amended by Act No. 6847, Dec. 30, 2002 and Act No. 7920, Mar. 24, 2006>
<p>
CHAPTER
<p>
Health Management of Workers
<p>
Article 42 (Work Environment Monitoring, etc.)
<p>
(1) an employer shall have the person holding the
qualification determined by the Ordinance of the Ministry of
Labor monitor and
evaluate the work environment of workplaces
where hazardous work to the workersßÓhealth is being carried
- 35 -
<p>
out and determined by the Ordinance of the Ministry of
Labor, and then record and keep the results and report them
to the Minister
of Labor as determined by the Ordinance of
the Ministry of Labor. In this case, if the workers representative
requests, he/she
shall allow the workersßÓrepresentative to observe
the work environment monitoring. <Amended by Act No. 6847, Dec. 30, 2002>
<p>
(2) The method, frequency and other necessary matters of
the work environment monitoring referred to in paragraph (1)
shall be
determined by the Ordinance of the Ministry of Labor.
<Amended by Act No. 6847, Dec. 30, 2002>
<p>
(3) an employer shall inform workers at the particular
workplace about the result of the work environment monitoring
referred to
in paragraph (1), and take appropriate measures in
accordance with the results, such as the installation, improvement,
etc., of
facilities and equipment for the protection of the workersßÓ
health.
<p>
(4) an employer may conduct the work environment monitoring
and the accompanying analysis of samples prescribed in paragraph
(1)
by entrusting it to a monitoring institution designated by
the Minister of Labor(hereinafter referred to as the ßÖcertified
monitoring
institutionß×). <Amended by Act No. 6847, Dec. 30, 2002>
(5) an employer or a institution which has conducted the
work environment monitoring shall hold an explanatory
meeting on the
result of the work environment monitoring,
upon request by the occupational safety and health committee
under Article 19 or workers
representative.
<p>
(6) Types of certified monitoring institutions, business scopes,
designation requirements, designation procedures and other
necessary
matters shall be determined by the Presidential
Decree. <Amended by Act No. 6847, Dec. 30, 2002>
<p>
(7) The Minister of Labor shall assess certified monitoring
institutions' ability to conduct the work environment monitoring
and
analysis and conduct guidance and education according to
the result of the assessment to secure accuracy and reliability of
the
work environment monitoring. In this case, method,
process, etc. of the assessment, guidance and education shall be
determined
and announced by the Minister of Labor. <This Article Newly Inserted by Act No. 7920, Mar. 24, 2006>
(8) The Minister of Labor may, if deemed necessary to improve
the level of the work environment monitoring, assess the
certified
monitoring institutions (including the assessment under
paragraph (7)) and publicly announce the results of the assessment.
- 36
-
<p>
In this case, the assessment standard, etc. shall be determined
by the Ordinance of the Ministry of Labor.
<p>
<Newly Inserted by Act No. 6847, Dec. 30, 2002 and Act No. 7920, Mar. 24, 2006>
<p>
(9) Article 15-2 shall be applied to the certified monitoring
institutions prescribed in paragraph (4). In such case, ßÖsafety
management service institutionß×shall be deemed as ßÖcertified
monitoring institution.ß×<Newly Inserted by Act No. 6847, Dec. 30, 2002 and Act No. 7920, Mar. 24, 2006>
<p>
Article 42-2 (Integrity Assessment of Work Environment Monitoring)
(1) The Minister of Labor may, if deemed necessary to
assess
accuracy and precision of the result of the work
environment monitoring under Article 42 (1), may conduct
reliability assessment.
(hereinafter referred to as the "Reliability
Assessment")
<p>
(2) In case reliability assessment is conducted, the employer
or the worker concerned shall fully cooperate with the
assessment.
<p>
(3) Method, subject and procedures of reliability assessment
and other necessary matters shall be determined by the
Ordinance of
the Ministry of Labor. <Newly Inserted by Act No. 8475, May 17, 2007>
<p>
Article 43 (Health Examination)
<p>
(1) an employer shall conduct health examinations for
workers at an institution designated by the Minister of Labor or
an institution
conducting a health examination according to the
National Health Insurance Act (hereinafter referred to as the
"health examination
institution") to protect and maintain
workersßÓhealth. In case there is a request from a workersßÓ
representative, the employer
shall allow the workersßÓ
representative to attend the health examinations. <Amended by Act No. 6847, Dec. 30, 2002 and Act No. 7920, Mar. 24, 2006>
(2) If it is deemed necessary for protecting the health of
workers, the Minister of Labor may order the employer to
conduct a
tentative health examination for specific workers or
other necessary matters. <Amended by Act No. 4916, Jan. 5, 1995>
(3) Workers shall undergo the health examinations conducted
by the employer under paragraphs (1) and (2) : Provided that if
the
workers do not want to receive health examinations from
the doctor, dentist or health examination institution designated by
the
employer, they may receive equivalent health examinations
from other health examination institutions, etc. and submit to
- 37 -
<p>
the employer a document certifying the result. <Newly Inserted by Act No. 6847, Dec. 30, 2002 and Act No. 7920, Mar. 24, 2006>
(4) When an employer has conducted the health
<p>
examinations as referred to in paragraphs (1) and (2), he shall
notify the workers of the result without delay and report it to
the minister of Labor. <Amended by Act No. 6847, Dec. 30, 2002>
(5) If it is deemed necessary for maintaining the health of
workers, as a result of the health examination as referred to in
paragraphs
(1) and (2), or other Acts and subordinate statutes,
an employer shall move the workplace, change the work,
shorten the working
hours, conduct a work environment monitoring,
install or improve facilities and equipment, or take other proper
measures. <Amended by Act No. 6847, Dec. 30, 2002>
(6) In case of request by the occupational safety and health
committee under Article 19 or the representative of workers, the
employer or the health examination institution, etc.
conducting the health examination shall explain the result of the
health examination:
Provided that the result of the health
examination of a worker may not be made open to the public
without his consent. <Amended by Act No. 6847, Dec. 30, 2002 and Act No. 7920, Mar. 24, 2006>
<p>
(7) an employer shall not use the result of the health
examinations referred to in paragraphs (1) and (2), for any
other purpose
than to protect and maintain the health of the
workers concerned. <Newly Inserted by Act No. 6847, Dec. 30, 2002>
(8) The types, time, frequency, items, costs and designation,
management of the health examination under paragraph (1),
the implementation
of the tentative health examination under
paragraph (2), the notification and report of the result of health
examinations under
paragraph (4), the proper measures under
paragraph (5) and other matters needed to conduct the health
examinations shall be prescribed
by the Ordinance of the Ministry
of Labor. <Amended by Act No. 6847, Dec. 30, 2002 and Act No. 7920, Mar. 24, 2006>
<p>
(9) The Minister of Labor shall assess health examination
institutions' ability to examine and analyze health and conduct
guidance
and education according to the result of the
assessment to secure accuracy and reliability of the health
examination. In this case,
method, process, etc. of the
assessment, guidance and education shall be determined and
announced by the Minister of Labor. <Newly Inserted by Act No. 7920, Mar. 24, 2006>
<p>
(10) The provisions of Article 15-2 shall be applied to the
- 38 -
<p>
institution designated by the Minister of Labor among the
health examination institution referred to in paragraph (1). In
this
case, the ßÖsafety management service institutionß×shall
be construed as the ßÖhealth examination institution.ß×<Newly Inserted by Act No. 6847, Dec. 30, 2002 and Act No. 7920, Mar. 24, 2006>
<p>
Article 43-2 (Disease Investigation)
<p>
(1) The Minister of Labor may, if deemed necessary to
diagnose occupational diseases and identify the causes of the
diseases or
to prevent occupational diseases, conduct an occupational
disease investigation (hereinafter referred to as the ßÖdisease
investigationß×)
on correlations between workersßÓdiseases and
hazardous elements of the workplace. <Amended by Act No. 6847, Dec. 30, 2002>
<p>
(2) Deleted. <Act No. 6847, Dec. 30, 2002>
<p>
(3) Deleted. <Act No. 6847, Dec. 30, 2002>
<p>
(4) In case a disease investigation is conducted, the
employer or the worker concerned shall fully cooperate with
the investigation.
<Amended by Act No. 6847, Dec. 30, 2002>
(5) The methods, subjects, procedures of a disease investigation
and other necessary matters shall be determined by the Ordinance
of the Ministry of Labor. <Amended by Act No. 6847, Dec. 30, 2002>
<p>
Article 44 (Health Management Pocketbook)
<p>
(1) The Minister of Labor shall deliver a health management
pocketbook to a worker who is engaged in work for a certain
period
of time or longer as prescribed by the Ordinance of the
Ministry of Labor, which might cause health problems.
<Amended by Act No. 5886, Feb. 8, 1999>
<p>
(2) No person who receives the health management pocketbook
referred to in paragraph (1), shall transfer or lend it to another
person.
<p>
(3) The contents, form and purpose of the health management
pocketbook and other matters necessary for the delivery of the
health
management pocketbook shall be determined by the Ordinance
of the Ministry of Labor.
<p>
Article 45 (Prohibition of or Restriction on Work of Sick Persons)
(1) With respect to a person who is affected by an infectious
or mental disease, or a disease which might grow worse due to
work and which is prescribed by the Ordinance of the Ministry
of
Labor, the employer shall prohibit or restrict the work
- 39 -
<p>
according to the diagnosis of the doctor.
<p>
(2) When an employee who has been prohibited or restricted
from working under paragraph (1), regains his health, the
employer shall,
without delay, allow him to resume the work.
Article 46 (Restriction on Extension of Working Hours)
With respect to an employee
who is engaged in hazardous
or dangerous work which is prescribed by the Presidential Decree,
the employer shall not have him work
in excess of six hours
per day or thirty-four hours per week.
<p>
Article 47 (Restriction on Employment by Qualification)
(1) For hazardous or dangerous work which is prescribed by
the Ordinance
of the Ministry of Labor, the employer shall not
allow any person other than those who have the qualification,
license, experience
or skill required for the work, to perform
such work. <Amended by Act No. 4916, Jan. 5, 1995>
(2) The Minister of Labor may designate training institutions,
so that those holding qualification or license as referred to in
paragraph (1) may receive training, or workers may learn skills.
(3) The qualifications, licenses, experiences, and skills under
paragraphs (1) and (2), the designation requirements and procedures
for training institutions, and other necessary matters shall
be
determined by the Ordinance of the Ministry of Labor.
<Amended by Act No. 6104, Jan. 7, 2000>
<p>
(4) The provisions of Article 15-2 shall be applied mutatis
mutandis to the training institution referred to in paragraph (2).
In this case, the ßÖsafety management service institutionß×shall be
construed as the ßÖtraining institutionß×. <Newly Inserted by Act No. 6104, Jan. 7, 2000>
<p>
CHAPTER
<p>
Supervision and Order
<p>
Article 48 (Submission, etc., of Hazard and Danger Prevention Plan)
(1) If an employer, operating a business of the category and
scale as prescribed by the Ordinance of the Ministry of Labor,
installs, moves any structure, machinery, instrument and
equipment
related to the business concerned, or alters major
structural parts thereof, he shall prepare and submit to the
Minister of Labor
a plan for preventing any hazard and danger
- 40 -
<p>
prescribed by this Act or orders issued under this Act(hereinafter
referred to as the ßÖhazard and danger prevention planß×) as
prescribed by the Ordinance of the Ministry of Labor. <Amended by Act No. 6104, Jan. 7, 2000>
<p>
(2) The provisions of paragraph (1) shall be applicable to
any employer who desires to install or move machinery,
instruments and
equipment which require any hazardous or
dangerous work, or are used at a hazardous or dangerous
place, or for preventing any health
problems as prescribed by
the Ordinance of the Ministry of Labor, or who desires to alter
major structural parts thereof.
<p>
(3) Any employer who desires to start any construction work
of the scale prescribed by the Ordinance of the Ministry of
Labor,
shall submit to the Minister of Labor the hazard and
danger prevention plan as prescribed by this Act or order
issued under this
Act under the conditions prescribed by the
Ordinance of the Ministry of Labor. <Amended by Act No. 4916, Jan. 5, 1995; Act No. 5248, Dec. 31, 1996>
<p>
(4) If the Minister of Labor deems it necessary for the safety
and health of workers after examining the hazard and danger
prevention
plan referred to in paragraphs (1) through (3), he
may order the discontinuation of the undertaking of the work
or the modification
of the plan.
<p>
(5) Any employer who has submitted the hazard and
danger prevention plan under paragraphs (1) through (3), shall
obtain confirmation
from the Minister of Labor under the
conditions prescribed by the Ordinance of the Ministry of
Labor.
<p>
Article 49 (Safety and Health Diagnosis)
<p>
(1) The Minister of Labor may order the workplaces prescribed
by the Ordinance of the Ministry of Labor to undergo a safety
and
health diagnosis conducted by those(hereinafter referred to
as ßÖSafety and Health Diagnosis Institutionß×) who are designated
by the Minister of Labor. <Amended by Act No. 6104, Jan. 7, 2000>
(2) an employer shall cooperate positively in the safety and
health diagnosis activities referred to in paragraph (1), and shall
not refuse, interfere with or evade such activities without
justifiable reason. In this case, the employer shall, upon request
of the representative of workers, allow him/her to attend the
safety and health diagnosis.
<p>
<Amended by Act No. 5248, Dec. 31, 1996>
<p>
(3) The contents of diagnosis, the requirements and procedures
- 41 -
<p>
of the designation, and other necessary matters shall be
determined by the Presidential Decree. <Amended by Act No. 6104, Jan. 7, 2000>
<p>
(4) The provisions of Article 15-2 shall be applied mutatis
mutandis to the safety and health diagnosis institution referred
to
in paragraph (1). In this case, the ßÖsafety management service
institutionß×shall be construed as the ßÖsafety and health diagnosis
institutionß×. <Newly inserted by Act No. 7920, Mar. 24, 2006>
Article 49-2 (Submission, etc. of Process Safety Report)
(1) The employer of a workplace with hazardous or
dangerous equipment
as prescribed by the Presidential Decree
shall prepare and submit a process safety report to the Minister
of Labor and keep it
in the workplace, to prevent any accident
which could inflict an immediate damage on workers in the
workplace, or on areas in vicinity
of the workplace, due to
leakage, fire, explosion, etc. of dangerous substances from such
equipment(hereinafter referred to as
ßÖthe serious industrial accidentß×
in this Article) as prescribed by the Presidential Decree.
<Amended by Act No. 6847, Dec. 30, 2002>
<p>
(2) In preparing the process safety report under paragraph
(1), the employer shall submit thereof to the deliberation of the
occupational
safety and health committee: Provided that for a
workplace where no occupational safety and health committee is
established, the
opinions of the representatives of workers shall
be heard. <Newly Inserted by Act No. Jan. 5, 1995>
(3) After examining the process safety report, the Minister of
Labor may order modifications if he deems it necessary for
maintaining
and improving the safety and health of the workers.
<Newly Inserted by Act No. Jan. 5, 1995>
<p>
(4) Any employer who has submitted a process safety report
under paragraph (1), shall obtain confirmation from the Minister
of
Labor as prescribed by the Ordinance of the Ministry of Labor.
<Newly Inserted by Act No. Jan. 5, 1995>
<p>
(5) The employer and workers shall observe the contents
of the process safety report. <Newly Inserted by Act No. Jan. 5, 1995>
<p>
(6) In case there occurs a reason to change the contents of
the process safety report kept in the workplace under paragraph
(1),
an employer shall complement it. <Newly Inserted by Act No. 7467, Mar. 31, 2005>
<p>
(7) The Minister of Labor may assess regularly the
implementation status of a process safety report as prescribed
- 42 -
<p>
by the Ordinance of the Ministry of Labor. <Newly Inserted by Act No. 7467, Mar. 31, 2005>
<p>
(8) As a result of assessing the implementation status of a
process safety report under paragraph (7), the Minister of Labor
may
order an employer of the workplace in which complement
status is poor under paragraph (6) to submit a process safety
report again.
<Newly Inserted by Act No. 7467, Mar. 31, 2005>
<This Article Newly Inserted by Act No. 4916, Jan. 5, 1995>
Article 50 (Safety and Health Improvement Plan)
<p>
(1) If it is deemed necessary to take comprehensive improvement
measures for the prevention of industrial accidents and diseases
with respect to workplace, facilities and other matters, the Minister
of Labor may order an employer to formulate and execute a
safety and health improvement plan on the workplace, facilities
and other matters as prescribed by the Ordinance of the Ministry
of
Labor.
<p>
(2) When the Minister of Labor issues an order under
paragraph (1), he may, if it is deemed necessary, order the
employer to undergo
the safety and health diagnosis referred to
in Article 49 (1), and formulate and submit a safety and health
improvement plan, as
prescribed by the Ordinance of the
Ministry of Labor.
<p>
(3) When an employer formulates a safety and health
improvement plan under paragraph (1), he shall do so through
deliberation of
the occupational safety and health committee:
Provided that for a workplace where the occupational safety
and health committee
is not established, he shall hear the
opinion of the representative of workers.
<p>
(4) The employer and workers shall observe the safety and
health improvement plan.
<p>
Article 51 (Supervisory Measures)
<p>
(1) The labor inspector as referred to in Article 101 of the
Labor Standards Act may, when it is necessary to execute this
Act
or any orders issued under this Act as determined by the
Ordinance of the Ministry of Labor, enter any place of the
following subparagraphs
to ask questions to the persons
concerned, carry out an inspection on books, documents and
other materials, check out safety and
health situation, and
take out products, raw materials or apparatus from the
workplace to the extent necessary for the inspection
without
being charged. In this case, the labor inspector shall notify the
employer concerned, etc. of the result in writing. <Amended by - 43 - <p>
Act No. 6104, Jan. 7, 2000, Act No. 7920, Mar. 24, 2006 and Act
No. 8372, Apr. 11, 2007>
<p>
<p>1. the workplace
<p>2. the office of the institution under Article 15 (4), 16 (3), 30
(4), 31 (4), 36 (2), 42 (4), 43 (1) and 49 (1)
<p>
<p>3. the office of a consultant registered under Article 52 (4).
(2) If it is deemed necessary for enforcing this Act or any
order
issued under this Act, the Minister of Labor may order
any employer, workers or consultant registered under Article 52-4,
to make
a report or to be in attendance. <Newly Inserted by Act No. 4916, Jan. 5, 1995>
<p>
(3) If it is deemed necessary for exercising the power
entrusted to the Agency under Article 65, the Minister of Labor
may order
an employee of the Agency to enter the workplace
to conduct any inspection, guidance, etc., necessary for the
prevention of industrial
accidents and diseases or if it is deemed
necessary for the conduction of a disease investigation, an employee
of the Agency may
ask any question to the persons concerned
and demand documents necessary to be submitted. <Amended by Act No. 5886, Feb. 8, 1999>
<p>
(4) When an employee of the Agency has carried out any
inspection or guidance services under paragraph (3), he shall
report the
result to the Minister of Labor. <Amended by Act No. 4916, Jan. 5, 1995>
<p>
(5) In case where a person enters a workplace or an office
of a consultant registered, under paragraphs (1) and (3), the
person
shall carry a certificate indicating his status and show it
to the persons concerned. <Amended by Act No. 4916, Jan. 5, 1995>
<p>
(6) If it is deemed necessary as a result of the inspection,
etc. referred to in paragraphs (1) and (4), the Minister of Labor
may order the employer to replace, stop using or remove any
construction, annex, machinery, apparatus, equipment or raw
materials
or to improve facilities and take other necessary
health and safety measures. In this case, the employer ordered
to do so by the
Minister of Labor shall post what he/she is
ordered to do in a place easily seen by workers.
<p>
<Amended by Act No. 6847, Dec. 30, 2002>
<p>
(7) If there exists any imminent danger that an industrial
accident and disease may occur, or if the Minister of Labor
judges that
the order as referred to in paragraph (6) is not
obeyed or a dangerous condition has not been removed or
improved, he may order
the suspension in part or in whole of
- 44 -
<p>
work related to the machinery and equipment. <Amended by Act No. 4916, Jan. 5, 1995>
<p>
(8) In cases referred to in paragraphs (1) and (4), if it is
deemed necessary for the prevention of industrial accidents and
diseases,
the Minister of Labor may order workers to take
proper measures, such as the observance of safety and health
management regulations,
etc. <Amended by Act No. 4916, Jan. 5, 1995>
<p>
Article 51-2 (Request for Suspension of Business)
(1) In cases where industrial accidents and diseases falling
under any of the
following subparagraphs, the causes of which
are attributable to the employer, have occurred, the Minister of
Labor may make a
request for the suspension of such work or
other sanctions as prescribed in the provisions of relevant Acts
and subordinate statutes
to the head of the administrative
agency concerned, or he make a request to the head of a
government-invested institution for necessary
restrictions on orders
about work placed by the concerned institution: <Newly Inserted by Act No. 5248, Dec. 31, 1996>
<p>
<p>1. When accidents prescribed by the Presidential Decree occur,
such as those resulting in deaths of the large number
of workers
in contravention of Article 23, 24 and 29, or
serious damage to the neighboring district of the working
area; <Amended by Act No. 5886, Feb. 8, 1999>
<p>
<p>2. When work in contravention of the order under paragraphs
(6) or (7) of Article 51 costs a worker his life.
(2) The head of the
administrative agency concerned or
government-invested institution, who has received a request as
prescribed in paragraph (1),
shall be agreeable thereto, unless
there is due cause, and inform the Minister of Labor of the result
of measures. <Newly Inserted by Act No. 5248, Dec. 31, 1996>
(3) The procedure of request for the suspension of business
as referred to in paragraph (1) and other necessary matters shall
be determined by the Ordinance of the Ministry of Labor.
<Amended by Act No. 5886, Feb. 8, 1999>
<p>
Article 52 (Report to Supervisory Body)
<p>
(1) If an act violating this Act or order issued under this
Act occurs at workplace, any worker may report it to the Minister
of
Labor or labor inspector.
<p>
(2) No employer shall dismiss or mistreat a worker for
making a report as referred to in paragraph (1).
<p>
- 45 -
<p>
CHAPTER -2
<p>
Occupational Safety Consultant and Industrial
<p>
Hygiene Consultant
<p>
Article 52-2 (Duties of Consultant)
<p>
(1) An occupational safety consultant shall perform the
following duties at the request of others:
<p>
<p>1. Evaluation and instruction on safety in a work process;
<p>2. Evaluation and instruction on the prevention of hazard
and danger;
<p>
<p>3. Preparation of the plan and report referred to in
subparagraphs 1 and 2; and
<p>
<p>4. Other matters concerning occupational safety as
determined by the Presidential Decree.
<p>
(2) An industrial hygiene consultant shall perform the
following duties at the request of others:
<p>
<p>1. Evaluation and instruction on the improvement of work
environment;
<p>
<p>2. Preparation of a plan and report concerning the improvement
of work environment;
<p>
<p>3. Research and study on industrial health; and
<p>4. Other matters concerning industrial health as determined
by the Presidential Decree.
<p>
(3) Matters necessary for the category of service field, the scope
of service, etc., of occupational safety and hygiene consultants
(hereinafter referred to as the ßÖconsultantß×), shall be determined
by the Presidential Decree.
<p>
<This Article Newly Inserted by Act No. 4916, Jan. 5, 1995>
Article 52-3 (Qualification and Examination of Consultant)
(1) Any person who desires to be a consultant, shall pass
the examination
for consultant to be held by the Minister of
Labor.
<p>
(2) Any person who holds the qualification as prescribed by
the Ordinance of the Ministry of Labor, may be exempted from part
of
the examination for consultant as referred to in paragraph (1).
(3) The Minister of Labor may entrust the management of
the examination
for consultant as referred to in paragraph (1) to
the testing agency as prescribed by the Presidential Decree.
(4) The officers
and employees of the testing agency entrusted
to administer the examination for consultant under paragraph
- 46 -
<p>
(3), shall be considered as public officials in the application of
the provisions of Articles 129 through 132 of the Criminal Act.
(5) The subjects of the examination for consultant, the scope
of exemption from examination for those holding other qualifications,
and other necessary matters, shall be determined by the Presidential
Decree.
<p>
<This Article Newly Inserted by Act No. 4916, Jan. 5, 1995>
Article 52-4 (Registration of Consultant)
<p>
(1) If a consultant desires to commence his service, he shall
complete such registration with the Ministry of Labor as prescribed
by the Ordinance of the Ministry of Labor. <Amended by Act No. 5248, Dec. 31, 1996>
<p>
(2) Any consultant who has registered under paragraph (1),
may establish a agency to carry out his services systematically
and
professionally. <Newly Inserted by Act No. 4916, Jan. 5, 1995>
(3) Any person who falls under any of the following
subparagraphs, cannot make the registration as referred to in
paragraph (1):
<p>
<Amended by Act No. 7467, Mar. 31, 2005>
<p>
<p>1. A person who is incompetent or quasi incompetent;
<p>2. A person who is declared bankrupt and who is not yet
rehabilitated;
<p>
<p>3. A person who was sentenced to a penalty heavier than
imprisonment, and for whom two years have not passed
since the conclusion
of the execution of the sentence or
since the decision not to execute the same; <Amended by Act No. 6847, Dec. 30, 2002>
<p>
<p>4. A person who received a probationary sentence with respect
to a penalty heavier than imprisonment and is still under
probation;
<Amended by Act No. 6847, Dec. 30, 2002>
<p>5. A person who was sentenced to a fine in violation of
this Act and for whom one year has not passed since the
issuance of the
sentence; and <Amended by Act No. 6847, Dec. 30, 2002>
<p>
<p>6. A person for whom two years have not passed since the
registration was cancelled under paragraph (4).
<p>
(4) If a consultant falls under any of paragraphs (3) 1 through
5, the Minister of Labor may cancel the registration, and if a
consultant violates the provisions of Article 52-6, the Minister of
Labor may cancel the registration, or order a suspension of
business with a fixed period not exceeding six months. <Newly Inserted by Act No. 4916, Jan. 5, 1995>
<p>
(5) With respect to the agency referred to in paragraph (2),
- 47 -
<p>
the provisions of the Commercial Act concerning unlimited
partnerships shall be applicable. <Amended by Act No. 7920, Mar. 24, 2006>
<p>
Article 52-5 (Direction for Consultant)
<p>
The Minister of Labor may entrust the Agency to carry out
the following services:
<p>
<p>1. Direction for the consultant, and the formation and
maintenance of a system for liaison and sharing of
information;
<p>
<p>2. Settlement of grievances and complaints of employers
related to the performance of services by a consultant, and
mediation of
disputes over related damages; and
<p>
<p>3. Other matters necessary for the development of the
services of a consultant, as determined by the Ordinance
of the Ministry of
Labor.
<p>
<This Article Newly Inserted by Act No. 4916, Jan. 5, 1995>
Article 52-6 (Keeping Secrets)
<p>
No consultant shall divulge or steal any secret which he has
learned in the course of his duties.
<p>
<This Article Newly Inserted by Act No. 4916, Jan. 5, 1995>
Article 52-7 (Liability for Damages)
<p>
(1) If a consultant inflicts intentionally or by negligence any
damage on his client in connection with the performance of his
service, he shall be liable to compensate for the damage.
(2) Any consultant as prescribed in Article 52-4 (1) shall
carry security
insurance or take other necessary measures to
guarantee liability for damages as referred to in paragraph (1),
as prescribed by
the Presidential Decree.
<p>
<This Article Newly Inserted by Act No. 4916, Jan. 5, 1995>
Article 52-8 (Prohibition of Use of Similar Title)
No person other than consultants registered under Article
52-4 (1), shall use
the title of occupational safety or health
consultant or similar titles.
<p>
<This Article Newly Inserted by Act No. 4916, Jan. 5, 1995>
Article 52-9 (Education of Consultant)
<p>
Deleted. <Act No. 6104, Jan. 7, 2000>
<p>
CHAPTER Deleted.
<p>
Articles 53 through 60 Deleted. <Act No. 6590, Dec. 31, 2001>
- 48 -
<p>
CHAPTER
<p>
Supplementary Provisions
<p>
Article 61 (Industrial Accident and Disease Prevention Facilities)
The Minister of Labor may install and operate the following
industrial accident and disease prevention facilities:
<p>1. Facilities for guidance, research and education on
occupational safety and health;
<p>
<p>2. Facilities for work environment monitoring and safety and
health diagnosis; and
<p>
<p>3. Other facilities for preventing industrial accidents and
diseases as prescribed by the Ordinance of the Ministry
of Labor.
<p>
Article 61-2 (Honorary Occupational Safety Inspector)
(1) The Minister of Labor may, for the purpose of promoting
participation
in and support for the prevention of industrial
accidents and diseases, appoint a person from among workers,
organizations of workers
or employers and professional
industrial accident and disease prevention agencies to be honorary
occupational safety inspector.
<Newly Inserted by Act No. 5248, Dec. 31, 1996>
<p>
(2) an employer shall not treat an honorary occupational
safety inspector unfavorably on the grounds that the inspector
has performed
legitimate activities as an honorary occupational
safety inspector. <Newly Inserted by Act No. 5886, Feb. 8, 1999>
(3) The details of the appointment of an honorary
occupational safety inspector under paragraph (1), the scope of
his work and
other necessary matters shall be determined by the
Presidential Decree. <Amended by Act No. 5886, Feb. 8, 1999>
Article 61-3 (Financial Resources of Accident and Disease Prevention)
The financial resources to be appropriated to any of the
following subparagraphs shall be provided from the Industrial
Accident Compensation Insurance and Prevention Fund under
Article
64 (1) of the Industrial Accident Compensation Insurance
Act: <Amended by Act No. 7920, Mar. 24, 2006>
<p>
<p>1. Expenses necessary for facilities related to accident and
disease prevention and the operation thereof;
<p>
<p>2. Expenses necessary for accident and disease prevention
projects, work entrusted to nonprofit corporations and the
- 49 -
<p>
operation and management of the Fund; and
<p>
<p>3. Business expenses for other projects necessary for accident
and disease prevention which are approved by the Minister
of Labor.
<This Article Newly Inserted by Act No. 6590, Dec. 31, 2001>
<p>
Article 62 (Promotion of Industrial Accident and Disease Prevention
Projects)
<p>
(1) The Government may assist in whole or in part with the
expenses needed by employers, organizations of employers or
workers,
professional industrial accident and disease prevention
agencies, research institutions, etc. to carry out industrial accident
and disease prevention projects designated by the Presidential
Decree within the limits of the budget, or give other necessary
support. (hereinafter referred to as the "assistance and
support") In this case, the Minister of Labor shall manage
and supervise
the appropriate and effective use of assistance
and support for the purpose of industrial accident and disease
prevention projects.
<Amended by the Act No. 8457, May 17, 2007>
<p>
(2) If a person who receives assistance and support under
paragraph (1) falls under any of the following subparagraphs,
the Minister
of Labor shall redeem the amount of money
concerned or the amount of money corresponding to the
support. <Amended by the Act No. 8457, May 17, 2007>
<p>1. In case of receiving assistance and support in false or
other fraudulent ways
<p>
<p>2. In case of not being used for the purpose of industrial
accident and disease prevention projects under
<p>
paragraph (1)
<p>
<p>3. In case an employer who receives assistance and
support violates a duty to take measures under Article
23 (1) through (3), or
24 (1) and occurs an industrial
accident and disease as determined by the Ordinance of
the Ministry of Labor
<p>
(3) In case of falling under any of the following
subparagraphs in paragraph (2), assistance and support may
be limited in the
range of 3 years from the day that the fact
is known as determined by the Ordinance of the Ministry of
Labor. <Newly Inserted by Act No. 8475, May 17, 2007>
(4) Subject, method, procedure, management and supervision
of assistance and support under paragraph (1) and other
necessary matters
needed for redemption method under
- 50 -
<p>
paragraph (2) shall be determined and announced by the
Minister of Labor. <Newly Inserted by Act No. 8475, May 17, 2007>
<p>
<This Article Wholly Amended by Act No. 5248, Dec. 31, 1996>
Article 63 (Keeping Secrets)
<p>
A person who conducts safety certification under Article 34,
who carries out work on the repair of a report under Article
35, who
conducts the safety test under Article 36, who carries
out the authorization work of self-inspection program under
Article 36-2,
who reviews the hazard and risk evaluation report
submitted under Article 40 (1), who reviews the material safety
data sheet submitted
under 41 (5), who has received
information that is not written in the material safety data
sheet under Article 41 (8), who conducts
the health
examination or disease investigation under Article 43, who
conducts a disease investigation under Article 43-2, who
reviews
the hazard and danger prevention plan under Article 48, who
conducts safety and health diagnosis under Article 49, or who
performs the process safety report under Article 49-2, shall not
divulge any secrets which have been obtained in the course of
his/her duties: Provided that when the Minister of Labor deems
it necessary for the prevention of workersßÓhealth problems, this
provision shall not apply.
<p>
Article 63-2 (Hearing and Criteria for Disposition)
(1) In case the Minister of Labor intends to make decisions
which fall under
one of the following subparagraphs, a hearing
shall be held. <Amended by Act No. 5454, Dec. 13, 1997 and Act No. 7920, Mar. 24, 2006>
<p>
<p>1. Revocation of designation as prescribed in paragraph (1)
Articles 15-2 (including a case where the provisions are
applied mutatis
mutandis under Article 16 (3), 30 (6), 31
(6), 36 (5), 42 (9), 43 (10), 47 (4) and 49 (4));
1-2. Revocation of authorization as
prescribed in paragraph
4, Article 28;
<p>
<p>2. Revocation of certification as prescribed in Article 34-3(1);
2-2. Revocation of authorization of a self-inspection program
as
prescribed in paragraph 4, Article 36-2;
<p>
2-3. Revocation of authorization as prescribed in paragraph
3, Article 37;
<p>
<p>3. Revocation of permission as prescribed in Article 38; and
<p>4. Revocation of registration as prescribed in Articles 36-3
and 52-4. <Amended by Act No. 6847, Dec. 30, 2002>
- 51 -
<p>
(2) Criteria for the revocation or suspension as prescribed in
paragraph (1), Article 15-2, (including a case where the
provisions
are applied mutatis mutandis under Article 16 (3), 30
(6), 31 (6), 36 (5), 42 (9), 43 (10), 47 (4) and 49 (4)) Article 28
(4),
Article 34-5, Article 35-2 (3), Article 37 (3), Article 38 (5)
and Article 52-4 (4) shall be determined by the Ordinance of
the
Ministry of Labor.
<p>
Article 64 (Keeping of Documents)
<p>
(1) An employer shall keep, for three years, the documents on
the appointment of a safety and health manager, a safety
manager,
a health manager, an occupational physician as
prescribed in Article 13, 15, 16, and 17, the documents on
hazard and risk evaluation
of new chemicals as prescribed in
Article 40, the documents on work environment monitoring as
prescribed in Article 42, and the
documents on health examinations
as prescribed in Article 43, and for two years the documents
verifying that the employer has observed
self safety standards
under Article 35(2) and the documents recording the inspection
result conducted according to self-inspection
program as
prescribed in Article 36-2(2): Provided that if the Minister of Labor
deems it necessary, the keeping period may be
extended
pursuant to the Ordinance of the Ministry of Labor.
(2) A certified monitoring institution shall keep, for three
years,
the documents concerning work environment monitoring
which contain items determined by the Ordinance of the Ministry
of Labor.
<Newly Inserted by Act No. 5886, Feb. 8, 1999>
(3) A consultant shall keep the documents including matters
determined by the Ordinance of the Ministry of Labor, which
are related
to his services, for five years. <Amended by Act No. 5886, Feb. 8, 1999>
<p>
(4) Paragraphs (1) through (3) shall be applied to electronic
data if such data exist. <Newly Inserted by Act No. 5886, Feb. 8, 1999>
<p>
Article 65 (Mandate and Entrustment of Authority)
(1) The authority of the Minister of Labor in this Act may
be mandated to a regional
labor office determined by the
Presidential Decree.
<p>
(2) The Minister of Labor may entrust a corporation, a
non-profit organization or a related special organization with his
service
falling under each of the following subparagraphs
among his service in this Act as prescribed by the Presidential
Decree: <Amended by Act No.8475 May 17, 2007>
<p>
- 52 -
<p>
<p>1. Service related to subparagraph 4-2, 5, 7, 9 of Article 4 (1)
<p>2. Composition and operation of a standard establishment
committee under paragraph (2), Article 27
<p>
<p>3. A safety and health evaluation under paragraph (3),
Article 28
<p>
<p>4. Education on safety and health under Article 32(1)
<p>5. A performance test under paragraph (2) and (4), Article
34
<p>
<p>6. Confirmation of safety certification under paragraph (5),
Article 34
<p>
<p>7. Work on report under paragraph (1), Article 35
<p>8. Safety inspection under paragraph (1), Article 36
<p>9. Support under paragraph (1), Article 36-3 and registration
under paragraph (2) of the same Article
<p>
<p>10. Provision of information related to the material safety
health data under paragraph (7), Article 41
<p>
<p>11. Work environment monitoring, analysis ability assessment
and service related to guidance and education under
paragraph (7),
Article 42
<p>
<p>12. Assessing the ability to examine health and service related
to guidance and education under paragraph (9), Article
43
<p>
<p>13. Conducting disease investigation under paragraph (1), Article
43-2
<p>
<p>14. Delivering a health management pocketbook under paragraph
(1), Article 44
<p>
<p>15. Receipt, examination and confirmation of hazard and danger
prevention plan under Article 48
<p>
<p>16. Receipt and examination of a process safety report under
paragraph (1) and (3), Article 49-2 and confirmation under
paragraph
(4), Article 49-2
<p>
<p>17. Service related to assistance, support and redemption
under paragraph (1) and (2), Article 62
<p>
Article 66 (Fee, etc.)
<p>
(1) Any person who falls under any of the following
subparagraphs, shall pay the fee as prescribed by the Ordinance
of the Ministry
of Labor:
<p>
<p>1. A person who desires to receive the safety and health
evaluation under Article 28 (3); <Amended by Act No.. 4916, Jan. 5, 1995>
<p>
<p>2. A person who desires to receive the education under
Article 32 (1);
<p>
- 53 -
<p>
<p>3. A person who desires to receive the performance test under
Article 34 (2) and (4);
<p>
<p>4. A person who intends to receive the safety inspection
under Article 36(1);
<p>
4-2. Deleted<by Act No. 8562 Jul. 27, 2007> <Enforcement Date Jan. 1, 2009>
<p>
<p>5. A person who intends to receive authorization of
self-inspection program under Article 36-2 (1);
<p>
<p>6. A person who desires to obtain the permission under
Article 38 (1);
<p>
<p>7. A person who desires to receive the education for acquiring
the qualification and license under Article 47;
<p>
<p>8. A person who desires to receive the examination of the
hazard and danger prevention plan under Article 48 (1)
through (3);
<p>
<p>9. A person who desires to undergo the examination of the
process safety report as prescribed in Article 49-2;
<Newly Inserted by Act No. 4916, Jan. 5, 1995>
<p>
<p>10. A person who desires to apply for the examination for
consultant as prescribed in Article 52-3; <Newly inserted by Act No. 4916, Jan. 5, 1995>
<p>
<p>11. A person who desires to make the registration as
prescribed in Article 52-4; <Amended by Act No. 5248, Dec. 31, 1996>
<p>
<p>12. Deleted; and <Act No. 6104, Jan. 7, 2000>
<p>13. Other persons related to occupational safety and health
as prescribed by the Presidential Decree. <Amended by Act No. 4916, Jan. 5, 1995>
<p>
(2) The Agency may make any person who benefits from
the services of the Agency, bear all or part of expenses needed
for carrying
out its services with the approval of the Minister
of Labor.
<p>
CHAPTER
<p>
Penal Provisions
<p>
Article 66-2 (Penal Provisions)
<p>
Any person who violates paragraph (1) through (3), Article
23, or paragraph (1), Article 24 and causes a worker to die
shall be
punished by imprisonment for not more than seven
- 54 -
<p>
years or a fine not exceeding 100 million won.
<p>
<This Article Wholly Amended by Act 7920, Mar. 24, 2006>
Article 67 (Penal Provisions)
<p>
Any person who falls under any of the following subparagraphs,
shall be punished by imprisonment for not more than five years
or
a fine not exceeding fifty million won:
<p>
<p>1. A person who violates the provisions of Article 23 (1)
through (3), 24 (1), 26 (1), 28 (1), 33(1), 37(1), 38 (1) or 52
(2); and
<Amended by Act No. 6847, Dec. 30, 2002>
<p>2. A person who violates any order issued under Article 38
(5), 48 (4) or 51(7).
<p>
<This Article Wholly Amended by Act No. 5248, Dec. 31, 1996>
Article 67-2 (Penal Provisions)
<p>
A person who falls under any of the following subparagraphs,
shall be punished by imprisonment for not more than three
years or
a fine not exceeding twenty million won: <Amended by Act No. 7428, Mar. 31, 2005>
<p>
<p>1. A person who violates the provisions of Article 33 (2), 34
(2), 34-4(1), 38 (3), 46 or 47 (1); and
<p>
<p>2. A person who violates any order issued under Article
34-2 (2), 38 (4), 43 (2), 49-2 (3) and (8) or 51 (6).
Article 68 (Penal
Provisions)
<p>
A person who falls under any of the following subparagraphs,
shall be punished by imprisonment for not more than one year
or a
fine not exceeding ten million won:
<p>
<p>1. A person who violates paragraph (5), Article 26 and
undermines the spot of a serious accident;
<p>
<p>2. A person who violates the provisions of Article 29 (2),
34-2(2) and (3), 35-4(1), 48 (1) through (3) (excluding those
who have
prepared and submitted the plan without
<p>
seeking the opinion of a qualified person), 49-2 (1), 52-6
or 63;
<p>
<p>3. A person who violates any order issued under Article
34-2(4) and 35-4(2); and
<p>
<p>4. A person who fails to report as prescribed in Article 35
(1)
<p>
Article 69 (Penal Provisions)
<p>
Any person who falls under any of the following subparagraphs,
shall be punished by a fine not exceeding ten million won:
<p>1. A person who has not reported as prescribed in Article
10 or has made a false report;
<p>
- 55 -
<p>
<p>2. A person who violates the provisions of Article 29 (6),
35-2 (2) and (3), 40 (2), 42 (3), 43 (5), 45 (1) and (2) or
49 (2);
<p>
<p>3. A person who violates any order issued under Article
35-2 (4) or 40 (4);
<p>
<p>4. Deleted; and <Act No. 5886, Feb. 8, 1999>
<p>5. Deleted. <Act No. 5886, Feb. 8, 1999>
Article 70 (Penal Provisions)
<p>
Any person who falls under any of the following subparagraphs,
shall be punished by a fine not exceeding five million won:
<Amended by Act No. 5248, Dec. 31, 1996>
<p>
<p>1. A person who violates the provisions of Article 29 (1)
and (3); <Amended by No. 6847, Dec. 30, 2002>
<p>
<p>2. Deleted; <Act No. 6847, Dec. 30, 2002>
<p>3. Deleted; <Act No. 6847, Dec. 30, 2002>
<p>4. A person who has refused, disturbed or avoided the
inspection, checking-out or taking-out by the labor inspector
as prescribed
in Article 51(1); and <Newly Inserted by Act No. 5886, Feb. 8, 1999>
<p>
<p>5. A person who fails to report or be present or falsely
reports after receiving such requests from the Minister of
Labor as prescribed
in Article 51(2). <Newly Inserted by Act No. 5886, Feb. 8, 1999>
<p>
Article 71 (Joint Penal Provisions)
<p>
If a representative of a juristic person or an agent, servant
(including supervisor) or other employee of a juristic or private
person commits any of offenses as prescribed in Article 66-2 or
Article 70 in relation to the affairs of the juridical or private
person, the fine as prescribed in the respective Articles shall
also be imposed on the juristic or private person in addition to
punishment of the offender, unless the supervisor knows the
plot of offense and takes measures necessary for preventing it,
or
he knows the offense and takes measures necessary for
correcting it. <Amended by Act No. 7920, Mar. 24, 2006>
Article 72 (Fine for Negligence)
<p>
(1) A person who falls under any of the following subparagraphs
shall be punished by a fine for negligence not exceeding ten
million
won:
<p>
<p>1. A person who violates the provisions of Article 30 (1)
and (3), 34-2 (1), 36 (1) and (2), 36-2 (5), 39-2 (1) or
- 56 -
<p>
Article 49-2 (5);
<p>
<p>2. A person who violates any order issued under Article 41
(5), 49 (1) or 50 (1) and (2);
<p>
<p>3. A person who fails to conduct the work environment
monitoring under Article 42 (1); and
<p>
<p>4. A person who fails to conduct the health examination for
workers under Article 43 (1).
<p>
(2) Any person who falls under any of the following
subparagraphs, shall be punished by a fine for negligence not
exceeding five
million won:
<p>
<p>1. A person who fails to keep and post the summary of
this Act or any order issued under this Act, the safety
and health management
regulations, or the material safety
data sheet in violation of the provisions of Article 11 (1),
20 (1) or 41 (1), and a person
who fails to provide
information not prescribed in Material Safety Data Sheet
under Article 41 (8);
<p>
<p>2. A person who violates the former part of Article 12, the
provisions of 13 (1), 14 (1), 15 (1), 16 (1), 17 (1), 18 (1),
19 (1)
and (4), 21 (1), 29 (5), 29-2 (6), 31 (1) through (3),
32 (1)(limited to those falling under subparagraph (1)),
35-2 (1), 42 (5),
43 (6), 44 (2), 49-2 (2), 50 (3) and (4) or
52-4 (1);
<p>
<p>3. A person who violates any order issued under Article 15
(3)(including a case where the provisions are applied
mutatis mutandis
in Article 16 (3)) or 51 (8); <Amended by No. 6847, Dec. 30, 2002>
<p>
<p>4. A person who, when conducting the work environment
monitoring under Article 42 (1) or the health examination
under 43 (1), does
not allow the workersßÓrepresentative
to attend the work environment monitoring or the health
examination in spite of the request
from the workersßÓ
representative. <Amended by No. 6847, Dec. 30, 2002> and;
<p>5. A person who fails to post what the employer ordered
to do so by the Minister of Labor in violation of the
latter part of Article
51 (6)
<p>
(3) Any person who falls under any of the following
subparagraphs, shall be punished by a fine for negligence not
exceeding three
million won:
<p>
<p>1. A person who fails to notify to the representative of
workers in violation of the provisions of Article 11 (2);
<p>2. A person who violates the provisions of Article 10-2, 25,
40 (5), 43 (3) and (7), 43-2 (4) or 52-8 ;
<p>
- 57 -
<p>
<p>3. A person who violates the provisions of Article 30 (4);
<p>4. A person who violates the provisions of Article 32 (1)
(limited to those falling under subparagraphs 3);
<p>5. Deleted;
<p>6. A person who fails to submit a report on hazard and
risk evaluation in violation of the provisions of Article 40
(1);
<p>
<p>7. A person who fails to attach the warning sign, or to
conduct the education, or to transfer or furnish the
material safety data
sheet in violation of the provisions of
Article 41 (3) or (4);
<p>
<p>8. A person who fails to make a report as prescribed in
Article 42 (1) or 43 (4) or makes a false report;
<p>9. A person who has drawn up and submitted the hazard
and danger prevention plan without seeking opinion of a
qualified person,
in violation of the provisions of Article
48(3);
<p>
<p>10. A person who fails to obtain the confirmation of the
Minister of Labor in violation of the provisions of
Article 48 (5) or 49-2
(4);
<p>
<p>11. A person who refuses, interferes with, evades an answer
or makes a false answer to any question as prescribed
in Article 51
(1); and
<p>
<p>12. A person who violates the provisions of Article 64(1)
through (3).
<p>
(4) The fine for negligence as referred to in paragraphs (1)
through (3) shall be imposed and collected by the Minister of
Labor
as prescribed by the Presidential Decree.
<p>
(5) Any person who is dissatisfied with a disposition of the
fine for negligence under paragraph (4), may raise an objection
against
the Minister of Labor within thirty days after he is
informed of the disposition.
<p>
(6) If a person who is subject to a disposition of a fine for
negligence as referred to in paragraph (4), raises an objection
under
paragraph (5), the Minister of Labor shall notify the
competent court without delay. The court shall, upon receiving
the notification,
bring the case of fine for negligence to a trial
under the Non-Contentious Litigation Case Procedure Act.
(7) If no objection is
made or no fine for negligence is paid
in the period referred to in paragraph (5), it shall be collected
according to the example
of the disposition of the national taxes
in arrears.
<p>
- 58 -
<p>
Addenda <Act No. 8486, May 25, 2007: Revision of the Industrial Standardization Act>
<p>
Article 1 (Enforcement Date)
<p>
This Act shall take effect from one year after its
promulgation.
<p>
Article 2 through 8 Omitted
<p>
Article 9 (Amendment of Other Acts) (1) through (8) Omitted
(9) A part of the Industrial Accident Compensation Insurance
Act is
amended as follows.
<p>
Article 35-1 (2) shall be changed to as follows:
<p>
<p>2. personal protective equipment which have been certified
under Articles 15 of the Industrial Standardization Act
<10> through <22> Omitted
<p>
Article 10 Omitted
<p>
Addenda <Act No. 8694, Dec. 14, 2007>
<p>
Article 1 (Enforcement Date)
<p>
This Act shall take effect on Jul. 1, 2008; Provided that the
revised provisions in Article 70, and Article 14 in
supplementary
laws shall take effect from the date of its
promulgation.
<p>
Article 2 through 24 Omitted
<p>
Article 25 (Amendment of Other Acts) (1) through (4) Omitted
(5) A part of the Occupational Accident Compensation
Insurance Act
is amended as follows:
<p>
"Article 64 (1) of the Industrial Accident Compensation
Insurance Act" in parts aside from each subparagraph in Article
61-3 shall
be changed to "Article 95 (1) of the Industrial
Accident Compensation Insurance Act."
<p>
<6> through <10> Omitted
<p>
Article 26 Omitted
<p>
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