OCCUPATIONAL SAFETY AND HEALTH ACT [See entire ACT]

CHAPTER Ⅸ Penal Provisions

Article 155 (Authority of Labor Inspectors)

(1) Where a labor inspector referred to in Article 101 of the Labor Standards Act (hereinafter referred to as “labor inspector”) deems it necessary to enforce this Act or any order issued under this Act, he or she may visit the following places to question a business owner, employer, or person in charge of safety and health management (hereinafter referred to as “relevant person”); inspect account books, documents, and other items; conduct a safety and health inspection; and request submission of relevant documents:

1. The place of business;

2. The office of an institution referred to in Article 21 (1), 33 (1), 48 (1), 74 (1), 88 (1), 96 (1), 100 (1), 120 (1), 126 (1), or 129 (2);

3. Offices of an asbestos dismantler or remover;

4. Offices of an instructor registered pursuant to Article 145 (1).

(2) A labor inspector may inspect machinery, equipment, etc., and collect products, raw materials, or devices without compensation up to the extent necessary for inspection. In such cases, the labor inspector shall notify the relevant business owner, etc. of the results thereof in writing.

(3) To enforce this Act or any order issued under this Act, a labor inspector may order any relevant person to submit a report or to be present to state his or her opinions.

(4) Where a labor inspector visits any place prescribed in the subparagraphs of paragraph (1) to enforce this Act or any order issued under this Act, he or she shall carry a certificate indicating his or her authority and present it to relevant persons, and shall also provide a document stating his or her name, the time and purpose of visit, etc. to relevant persons at the time of his or her visit.

Article 156 (Inspection and Guidance by Employees of the Agency)

(1) When the Minister of Employment and Labor deems it necessary for the Agency to conduct duties entrusted under Article 165 (2), he or she may have an employee of the Agency visit a place of business to conduct any inspection, provide guidance, or perform other activities, necessary for preventing industrial accidents; or, where it is necessary to conduct epidemiological investigations, to question relevant persons or demand submission of necessary documents.

(2) When an employee of the Agency has conducted any inspection, provided guidance, or performed other activities pursuant to paragraph (1), he or she shall report the results thereof to the Minister of Employment and Labor.

(3) Article 155 (4) shall apply mutatis mutandis where an employee of the Agency visits a place of business under paragraph (1). In such cases, “labor inspector” shall be construed as “employee of the Agency”.

Article 157 (Reporting to Supervisory Authorities)

(1) Where this Act or any order issued under this Act is violated at a place of business, any employee may report such violation to the Minister of Employment and Labor or a labor inspector.

(2) Notwithstanding Article 19 (1) of the Medical Service Act, any physician, dentist, or oriental medical doctor defined in Article 2 of the Medical Service Act may report information that he or she becomes aware of in the course of providing medical treatment to the Minister of Employment and Labor, where he or she judges that any injury or illnesses of a patient requiring hospitalization for at least three days is related to the work of the patient.

(2) No business owner shall dismiss or otherwise treat unfavorably any employee for making a report under paragraph (1).

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

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