OCCUPATIONAL SAFETY AND HEALTH ACT [See entire ACT]

CHAPTER Ⅷ Supplementary Provisions

Article 142 (Duties of Occupational Safety Instructors)

(1) Occupational safety instructors shall perform the following duties:

1. Evaluating and providing instructions on safety in work processes;

2. Evaluating and providing instructions on measures for preventing hazards and dangers;

3. Preparing plans and reports related to matters prescribed in subparagraphs 1 and 2;

4. Other matters related to occupational safety prescribed by Presidential Decree.

(2) Occupational health instructors shall perform the following duties:

1. Evaluating and providing instructions on improving working environments;

2. Preparing plans and reports related to improving working environments;

3. Providing instructions on the ex-post management following the health examinations of employees;

4. Diagnosing occupational diseases (applicable only to occupational health instructors who are physicians defined in Article 2 of the Medical Service Act) and providing instructions on preventing the same;

5. Researching and studying occupational health;

6. Other matters related to occupational health prescribed by Presidential Decree.

(3) The type and scope of duties of occupational safety instructors or occupational health instructors (hereinafter referred to as "instructor") by field, and other necessary matters shall be prescribed by Presidential Decree.

Enforcement Ordinance

Article 101 (Duties of Occupational Safety Instructors)

(1) "Other matters related to occupational safety prescribed by Presidential Decree” in Article 142 (1) 4 of the Act means the following:

1. Instructing on assessment of danger prescribed in Article 36 of the Act;

2. Preparing a safety and health improvement plan referred to in Article 49 of the Act;

3. Consulting and advising on other matters relating to occupational safety.

(2) "Matters determined by Presidential Decree" in Article 142 (2) 6 of the Act means the following matters:

1. Instructing on assessment of danger prescribed in Article 36 of the Act;

2. Preparing a safety and health improvement plan referred to in Article 49 of the Act;

3. Consulting and advising on other matters concerning occupational health.

Article 143 (Qualification and Examinations of Instructors)

(1) A person who passes a qualification examination for instructors conducted by the Minister of Employment and Labor shall be qualified as an instructor.

(2) A person holding qualifications related to occupational safety and heath prescribed by Presidential Decree may be partially exempt from a qualification examination for instructors referred to in paragraph (1).

(3) The Minister of Employment and Labor may entrust qualification examinations for instructors referred to in paragraph (1) to a specialized agency prescribed by Presidential Decree. In such cases, the Minister of Employment and Labor may assist with the expenses incurred in conducting examinations within the budget.

(4) Executive officers and employees of a specialized agency conducting qualification examinations for instructors under paragraph (3) shall be deemed public officials for the purposes of Articles 129 through 132 of the Criminal Act.

(5) The subjects of qualification examinations for instructors, the methods of conducting qualification examinations, the scope of exemption from qualification examinations for those holding other qualifications, and other necessary matters shall be prescribed by Presidential Decree.

Enforcement Ordinance

Article 103 (Conducting Qualification Examinations)

(1) Qualification examinations for instructors referred to in Article 143 (1) of the Act (hereinafter referred to as “instructor qualification examination”) are classified into a written examination and an oral examination which shall be conducted separately.

(2) Of the instructor qualification examination, the subjects and scope of a written examination by service field are as specified in attached Table 32.

(3) Of the instructor qualification examination, a written examination shall be conducted by classifying it into first and second examinations; the first written examination shall be a multiple-choice test and the second written examination shall be an essay in principle, and a subjective short-answer test may be added to both.

(4) Of the instructor qualification examination, the subjects and scope of the first written examination shall be the compulsory common subject I, compulsory common subject II, and compulsory common subject III as specified in attached Table 32, and the subjects and scope of the second written examination shall be the compulsory major subjects as specified in attached Table 32.

(5) Of the instructor qualification examination, the second written examination shall be conducted only for those who have passed the first written examination.

(6) Of the instructor qualification examination, the oral examination shall be conducted only for successful applicants in the written examination, or those exempt from the written examination, and shall evaluate the following matters:

1. Expert knowledge and aptitude;

2. How much the applicant understands and knows about the industrial safety and health system;

3. Ability for counseling and instructing.

(7) The public announcement and application procedures for instructor qualification examinations, and other matters necessary for the examinations shall be determined by Ordinance of the Ministry of Employment and Labor.

Enforcement Ordinance

Article 104 (Partial Exemption from Qualification Examinations)

(1) The qualifications required to be partially exempt from the instructor qualification examination under Article 143 (2) of the Act and the extent of exemption are as follows:

1. Professional Engineer Construction Safety, Professional Engineer Machine Safety, Professional Engineer Industrial Hygiene Management, Professional Engineer Ergonomics, Professional Engineer Electric Safety, and Professional Engineer Chemical Safety under the National Technical Qualifications Act: The compulsory major subject, the compulsory common subject I, and the compulsory common subject II specified in attached Table 32;

2. Persons holding the qualification for professional engineer in the job field “construction” (limited to job fields of "building" and "civil engineering"), the job field “machine,” the job field “chemistry,” and the job field “electricity and electronics” (limited to job fields of "electricity") under the National Technical Qualifications Act: The compulsory major subject specified in attached Table 32;

3. Medical doctors specialized in occupational and environmental medicine referred to in the Medical Services Act: The compulsory major subject, the compulsory common subject I and the compulsory common subject II specified in attached Table 32;

4. Persons holding a doctor’s degree in engineering (limited to majors in the fields of construction safety, machine safety, electric safety and chemical safety), medicine (limited to the major in occupational and environmental medicine), or health science (limited to the major in the field of occupational health): The compulsory major subject specified in attached Table 32;

5. Persons falling under subparagraph 2 or 4 who have at least three years’ experience working in occupational safety or health affairs after obtaining the relevant qualification or academic degree: The compulsory major subject and the compulsory common subject II specified in attached Table 32;

6. Certified public labor attorneys under the Certified Public Labor Attorney Act: The compulsory common subject I specified in attached Table 32;

7. Persons qualified as an instructor under Article 143 (1) of the Act, who apply for an examination for an instructor of another type: Common compulsory subject I and common compulsory subject III specified in attached Table 32;

8. Persons qualified as an instructor under Article 143 (1) of the Act, who apply for an examination for any other field of such instructor: Common compulsory subject I, common compulsory subject II and common compulsory subject III specified in attached Table 32.

(2) A person who passes the first or second written examination pursuant to Article 103 (3) shall be exempted only from passing the next first or second written examination.

(3) Necessary matters concerning applying for partial exemption from instructor qualification examinations pursuant to paragraph (1) shall be determined by Ordinance of the Ministry of Employment and Labor.

Enforcement Ordinance

Article 106 (Institutions for Conducting Qualification Examinations)

(1) “Specialized agency prescribed by Presidential Decree” in the former part of Article 143 (3) of the Act means the Human Resources Development Service of Korea established under the Human Resources Development Service of Korea Act (hereinafter referred to as “Human Resources Development Service of Korea”).

(2) Where the Minister of Employment and Labor has the Human Resources Development Service of Korea conduct instructor qualification examinations on his or her behalf under Article 143 (3) of the Act, he or she may require the Human Resources Development Service of Korea to organize and operate a qualification examination committee, if deemed necessary.

(3) Necessary matters concerning the organization, operation, etc. of a qualification examination committee shall be prescribed by the Minister of Employment and Labor.

Article 144 (Sanctions against Cheating)

With respect to an examinee who cheats in a qualification examination for instructors, the Minister of Employment and Labor shall nullify the examination result of such examinee and shall bar such examinee from applying for an examination for five years from the date of such disposition.

Article 145 (Registration of Instructors)

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

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

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

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

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

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

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

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

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

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

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

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

Enforcement Ordinance

Article 102 (Categories of Occupational Safety Instructors by Service Field)

(1) The service fields of occupational safety instructors registered under Article 145 (1) of the Act shall be classified into the fields of machinery safety, electric safety, chemical engineering safety, and construction safety, and the service fields of occupational health instructors registered under that paragraph shall be classified into occupational and environment medicine and industrial hygiene.

(2) The scope of duties, by service field, of occupational safety instructors and occupational health instructors (hereinafter referred to as "instructors") registered under Article 145 (1) of the Act is as specified in attached Table 31.

Enforcement Ordinance

Article 108 (Subscription to Insurance for Compensation for Damage)

(1) Any instructor registered pursuant to Article 145 (1) of the Act (referring to a corporation where the corporation is established pursuant to paragraph (2) of that Article; hereafter in this Article, the same shall apply) shall subscribe to guarantee insurance with the insurance amount of at least 20 million won under Article 148 (2) of the Act (in cases of a corporation referred to in Article 145 (2) of the Act, the amount gained by multiplying 20 million won by the number of instructors who are employees).

(2) Where any instructor compensates for loss with guarantee insurance money prescribed in paragraph (1), he or she shall subscribe to guarantee insurance again within 10 days from the date of compensation.

(3) Necessary matters concerning subscribing to guarantee insurance for compensation for loss and making payments shall be prescribed by Ordinance of the Ministry of Employment and Labor.

Article 146 (Education for Instructors)

Where a person qualified as an instructor (excluding persons having practical experience prescribed by Presidential Decree, among those falling under Article 143 (2)) intends to perform his or her duties as an instructor, he or she shall undergo such training and education for up to one year as prescribed by Ordinance of the Minister of Employment and Labor, before being registered under Article 145.

Enforcement Ordinance

Article 107 (Persons Exempted from Training Education)

“Persons having practical experience prescribed by Presidential Decree” in Article 146 of the Act means persons who have at least five years of practical experience in the field of occupational safety or occupational health.

Article 147 (Guidance for Instructors)

The Minister of Employment and Labor may entrust the following duties to the Agency:

1. Guidance and liaison for instructors, and establishing and maintaining a system for sharing information;

2. Settling grievances and complaints of business owners related to duties performed by instructors prescribed in Article 142 (1) and (2), and mediating disputes concerning related losses;

3. Other matters necessary for developing duties of instructors, as prescribed by Ordinance of the Ministry of Employment and Labor.

Article 148 (Compensation for Loss)

(1) Where an instructor causes any loss to his or her clients by intention or negligence in connection with performing his or her duties, he or she shall be liable to compensate for such loss.

(2) Any instructor registered under Article 145 (1) shall subscribe to a guarantee insurance or take other necessary measures to compensate for loss referred to in paragraph (1), as prescribed by Presidential Decree.

Enforcement Ordinance

Article 108 (Subscription to Insurance for Compensation for Damage)

(1) Any instructor registered pursuant to Article 145 (1) of the Act (referring to a corporation where the corporation is established pursuant to paragraph (2) of that Article; hereafter in this Article, the same shall apply) shall subscribe to guarantee insurance with the insurance amount of at least 20 million won under Article 148 (2) of the Act (in cases of a corporation referred to in Article 145 (2) of the Act, the amount gained by multiplying 20 million won by the number of instructors who are employees).

(2) Where any instructor compensates for loss with guarantee insurance money prescribed in paragraph (1), he or she shall subscribe to guarantee insurance again within 10 days from the date of compensation.

(3) Necessary matters concerning subscribing to guarantee insurance for compensation for loss and making payments shall be prescribed by Ordinance of the Ministry of Employment and Labor.

Article 149 (Prohibition of Use of Similar Titles)

No person, other than an instructor registered under Article 145 (1), shall use the title “occupational safety instructor”, “occupational health instructor”, or any title similar thereto.

Article 150 (Maintenance of Dignity and Duty of Good Faith)

(1) An instructor shall, at all times, maintain dignity and perform his or her duties impartially and in good faith.

(2) An instructor shall affix name or seal on, or sign, each document he or she prepares or verifies in connection with his or her duties pursuant to Article 142 (1) or (2).

Article 151 (Prohibited Conduct)

No instructor shall engage in any of the following conduct:

1. Causing a client not to perform his or her duties under any statute or regulation by fraud or other improper means;

2. Causing a client not to make a notification or report or perform other duties under any statute or regulation;

3. Guiding or consulting on conduct committed in violation of any statute or regulation.

Article 152 (Application for Inspection of Related Books)

Where necessary to perform his or her duties prescribed in Article 142 (1) and (2), an instructor may apply for the inspection of related books and documents to the relevant business owner. In such cases, no business owner in receipt of an application for the inspection shall refuse it without good cause, if such application is made to fulfill the duties prescribed in Article 142 (1) or (2).

Article 153 (Prohibition of Lending Qualification)

No instructor shall permit any third person to perform any duty as an instructor using his or her name or the name of his or her office; nor shall lend his or her qualification certificate or registration certificate to any third person.

Article 154 (Revocation of Registration)

Where an instructor falls under any of the following, the Minister of Employment and Labor may revoke his or her registration or order the suspension of his or her business for a fixed period not exceeding two years: Provided, That in cases falling under any of subparagraphs 1 through 3, the registration shall be revoked:

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

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

3. Where he or she falsely prepares any document related to his or her business;

4. Where a serious accident occurs by intention or negligence in the course of performing his or her duties prescribed in Article 142;

5. Where he or she falls under any of subparagraphs 1 through 5 of Article 145 (3);

6. Where he or she fails to subscribe to a guarantee insurance referred to in Article 148 (2) or to take any other necessary measures;

7. Where he or she violates Article 150 (1), or fails to affix name or seal on, or sign, a document referred to in paragraph (2) of that Article;

8. Where he or she violates Article 151, 153, or 162.

For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

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