OCCUPATIONAL SAFETY AND HEALTH ACT [See entire ACT]
Addenda
- Article 158 (Subsidizing and Supporting Industrial Accident Prevention Projects)
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(1) The Government may fully or partially subsidize business owners, organizations of business owners or employees, agencies specializing in preventing industrial accidents, research institutes, etc. for expenses incurred in industrial accident prevention projects prescribed by Presidential Decree within the budget, or provide other necessary support (hereinafter referred to as "subsidy or support"). In such cases, the Minister of Employment and Labor shall manage and supervise such subsidy or support to ensure that it is used efficiently in compliance with the purpose of industrial accident prevention projects.
(2) Where a person who has received a subsidy or support falls under any of the following cases, the Minister of Employment and Labor shall revoke such subsidy or support fully or partially: Provided, That in cases falling under subparagraph 1 or 2, the relevant subsidy or support shall be fully revoked:
1. Where he or she has received a subsidy or support by fraud or other improper means;
2. Where he or she closes his or her business or is declared bankrupt;
3. Where he or she fails to maintain, manage, or use the matter eligible for a subsidy or support in conformity with the purpose of support by willfully selling, destroying, or losing such matter;
4. Where a subsidy or support has not been used appropriately for purposes of an industrial accident prevention project referred to in paragraph (1);
5. Where he or she relocates the facility or equipment eligible for a subsidy or support to a foreign country before the period of subsidization or support ends;
6. In cases prescribed by Ordinance of the Ministry of Employment and Labor where a business owner in receipt of a subsidy or support breaches his or her duty to take safety and health measures, causing an industrial accident.
(3) Where the Minister of Employment and Labor revokes a subsidy or support fully or partially pursuant to paragraph (2), he or she shall recover the relevant amount or the amount equivalent to support, and may additionally collect an amount not exceeding the paid amount in cases falling under subparagraph 1 of that paragraph: Provided, That the foregoing shall not apply where a subsidy or support is revoked because the person in receipt of a subsidy or support is declared bankrupt under paragraph (2) 2.
(4) A person who becomes subject to full or partial revocation of a subsidy or support under paragraph (2) need not be granted a subsidy or support for a specified period not exceeding five years from the date the subsidy or support is revoked, as prescribed by Ordinance of the Ministry of Employment and Labor.
(5) The targets of a subsidy or support, the methods and procedures for subsidization or support, the management and supervision of subsidization or support, the methods for revocation and recovery under paragraphs (2) and (3), and other necessary matters shall be determined and publicly notified by the Minister of Employment and Labor.
Enforcement Ordinance
- Article 109 (Assistance for Industrial Accident Prevention Projects)
"Projects designated by Presidential Decree" in the former part of Article 158 (1) of the Act means projects related to any of the following businesses:
1. The business of manufacturing, purchasing, repairing, testing and researching protective devices, protective outfits and safety facilities, which are intended to prevent industrial accidents, and facilities and equipment, which are intended to improve a working environment, and conducting publicity campaigns and providing information in relation thereto;
2. The business of providing technical assistance in safety and health management of places of business;
3. The business of conducting education related to occupational safety and health, and nurturing experts in such fields;
4. The business of conducting research and developing technology to prevent industrial accidents;
5. The business of supporting the operation of facilities for maintaining and promoting the health of persons providing labor referred to in subparagraph 3 of Article 11 of the Act;
6. The business of raising safety and health awareness;
7. The business of supporting the assessment of danger prescribed in Article 36 of the Act;
8. The business of supporting safety inspections;
9. The business related to the standards on exposure to harmful factors, and investigation and assessment of harm and danger;
10. The business of purchasing facilities and equipment deemed necessary for the epidemiological survey and research on the underlying causes of occupational diseases, or the prevention of occupational diseases;
11. The business of facilitating working environment measurement or health examinations;
12. The business of purchasing facilities, equipment, etc. necessary for assessing the measurement and analysis capabilities of working environment measurement institutions pursuant to Article 126 (2) of the Act and for assessing the examination and analysis capabilities of special health examination institutions pursuant to Article 135 (3) of the Act;
13. The business of assisting academic activities and nurturing human resources in the field of industrial medicine;
14. Other businesses of preventing industrial accidents, which are determined by the Minister of Employment and Labor after undergoing deliberation by the Industrial Accident Compensation Insurance and Prevention Deliberation Committee.
- Article 159 (Requests for Suspension of Business)
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(1) Where a business owner causes any of the following industrial accidents, the Minister of Employment and Labor may request the head of the relevant administrative agency to suspend the relevant business or impose other sanctions under the relevant statutes or regulations; or request that the head of a public institution referred to in Article 4 of the Act on the Management of Public Institutions to place necessary restrictions when placing an order of the business performed by the relevant institution on the relevant business owner:
1. Where accidents prescribed by Presidential Decree occur, such as an accident causing multiple deaths of employees or serious damage to areas adjacent to a place of business, in violation of Article 38, 39, or 63;
2. Where any work conducted in violation of an order prescribed in Article 53 (1) or (3) results in the death of an employee.
(2) The head of the relevant administrative agency or the head of a public institution who has received a request under paragraph (1) shall comply therewith unless there is a compelling reason not to so, and inform the Minister of Employment and Labor of the results of the measures taken.
(3) The procedures for requesting suspension of business, etc. under paragraph (1), and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.
Enforcement Ordinance
- Article 110 (Cases Subject to Request for Sanctions)
“Accidents prescribed by Presidential Decree, such as the death of multiple employees or areas adjacent to a place of business being seriously damaged” in Article 159 (1) 1 of the Act means any of the following accidents:
1. Accidents in which at least two employees die at the same time;
2. Accidents prescribed in the subparagraphs of Article 43 (3).
- Article 160 (Penalty Surcharges Imposed in Lieu of Disposition of Suspension of Business)
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(1) Where the Minister of Employment and Labor has to order the suspension of business pursuant to Article 21 (4) (including cases applicable mutatis mutandis pursuant to Articles 74 (4), 88 (5), 96 (5), 126 (5), or 135 (6)), if the suspension of business is deemed likely to severely inconvenience users or harm public interests, the Minister of Employment and Labor may impose a penalty surcharge not exceeding one billion won in lieu of the disposition to suspend business.
(2) Where necessary to collect a penalty surcharge referred to in paragraph (1), the Minister of Employment and Labor may request the head of the competent tax office to provide taxation information, in a document stating the following matters:
1. Personal information of a taxpayer;
2. The purpose of use;
3. The sales as the standard amount for imposing a penalty charge;
4. The reasons and criteria for imposing a penalty surcharge.
(3) Where a person subject to imposition of a penalty surcharge referred to in paragraph (1) fails to pay it by the payment deadline, the penalty surcharge shall be collected in the same manner as delinquent national taxes are collected.
(4) The types of violations subject to penalty surcharges referred to in paragraph (1), the amount of penalty surcharge according to the severity of violations, and other necessary matters shall be prescribed by Presidential Decree.
Enforcement Ordinance
- Article 111 (Criteria for Imposing Penalty Surcharges)
The criteria for imposing penalty surcharges pursuant to Article 160 (1) of the Act are as specified in attached Table 33.
Enforcement Ordinance
- Article 112 (Imposition and Payment of Penalty Surcharges)
(1) Where the Minister of Employment and Labor intends to impose a penalty surcharge pursuant to Article 160 (1) of the Act, he or she shall provide written notice thereof detailing the kind of the relevant violation, the amount of the relevant penalty surcharge, etc., as prescribed by Ordinance of the Ministry of Employment and Labor.
(2) A person who receives notice pursuant to paragraph (1) shall pay a penalty surcharge to a receiving agency designated by the Minister of Employment and Labor within 30 days from the date of receiving such notice: Provided, That where it is impossible to pay the penalty surcharge within the specified period due to natural disasters or other extenuating circumstance, he or she shall pay it within 15 days from the date such circumstance ceases to exist.
(3) A receiving agency which has received the penalty surcharge pursuant to paragraph (2) shall issue a receipt to the payer and notify the Minister of Employment and Labor of the fact, without delay, of receiving the penalty surcharge.
(4) Where it is deemed difficult for a person on whom a penalty surcharge has been imposed pursuant to Article 160 (1) of the Act to pay the penalty surcharge in full at once for any of the following reasons, the Minister of Employment and Labor may extend the payment deadline or allow him or her to pay the penalty surcharge in installments. In such cases, when it is deemed necessary, the Minister of Employment and Labor may have him or her furnish a security:
1. Where he or she suffers a significant property loss due to disasters, etc.;
2. Where his or her business is in a serious crisis due to deteriorating economic or business conditions;
3. Where he or she is expected to suffer significant financial difficulties if the penalty surcharge is paid at once;
4. Where the Minister of Employment and Labor acknowledges that there are other reasons corresponding to those prescribed in subparagraphs 1 through 3.
(5) A person intending to have the payment deadline extended or to make payment in installments pursuant to paragraph (4) shall apply to the Minister of Employment and Labor by submitting documents attesting the reasons for such extension or payment in installments.
(6) The extension of a payment deadline referred to in paragraph (4) shall be up to one year from the day following the payment deadline; and the interval between payment deadlines for each installment shall be up to four months, with the total number of installments not exceeding three times.
(7) Where the person obligated to pay the penalty surcharge falls under any of the following after the decision is made to extend his or her payment deadline or to allow him or her pay the penalty surcharge in installments under paragraph (4), the Minister of Employment and Labor may revoke his or her decision to extend the payment deadline or allow payment in installments and collect the surcharge penalty at once:
1. Where he or she fails to pay the penalty surcharge to be paid in installments by the relevant payment deadline;
2. Where it is deemed that it would be impossible to collect all or the remainder of the penalty surcharge, due to such cases as compulsory execution, commencement of an auction, dissolution of a corporation, a disposition on default of national or local taxes, etc.
(8) Except as provided in paragraphs (1) through (7), necessary matters concerning the imposition and collection of penalty surcharges shall be determined by Ordinance of the Ministry of Employment and Labor.
- Article 161 (Penalty Surcharges Imposed for Violations of Obligations, Such as Ban on Contracting)
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(1) Where a business owner falls under any of the following cases, the Minister of Employment and Labor may impose and collect a penalty surcharge not exceeding one billion won:
1. Where he or she awards a contract in violation of Article 58 (1);
2. Where he or she awards a contract without approval in violation of Article 58 (2) 2 or 59 (1);
3. Where he or she subcontracts a contract awarded with approval in violation of Article 60.
(2) Where the Minister of Employment and Labor imposes a penalty surcharge under paragraph (1), the following matters shall be taken into account:
1. The contract amount, duration, frequency, etc.;
2. The extent of efforts to implement measures necessary to prevent industrial accidents involving employees of a relevant contractor;
3. Whether an industrial accident has occurred.
(3) Where a person obliged to pay a penalty surcharge referred to in paragraph (1) fails to pay it by the payment deadline, the Minister of Employment and Labor shall collect an additional charge prescribed by Presidential Decree, in an annual amount of up to 6/100 of the unpaid penalty surcharge, for a period from the day following the payment deadline to the day before the date the penalty surcharge is paid. In such cases, the period of collecting an additional charge shall not exceed 60 months.
(4) Where a person obliged to pay a penalty surcharge referred to in paragraph (1) fails to pay it by the payment deadline, the Minister of Employment and Labor shall demand the payment by determining a payment period; and where the person fails to pay the penalty surcharge referred to in paragraph (1) and an additional charge referred to in paragraph (3) within such period, the Minister of Employment and Labor shall collect the amount in the same manner as delinquent national taxes are collected.
(5) The collection of penalty surcharges and additional charges referred to in paragraphs (1) and (3), the procedures for dispositions on delinquency referred to in paragraph (4), and other necessary matters shall be prescribed by Presidential Decree.
Enforcement Ordinance
- Article 113 (Penalty Surcharges and Additional Dues for Violations of Obligations, such as Ban on Contracting)
(1) The amount of penalty surcharges imposed pursuant to Article 161 (1) of the Act shall be calculated by applying the criteria for calculating penalty surcharges specified in attached Table 34, taking into account the matters prescribed in the subparagraphs of paragraph (2) of that Article.
(2) “Additional due prescribed by Presidential Decree” in the former part of Article 161 (3) of the Act means the amount equivalent to 5/1,000 of a penalty surcharge in arrears for every one month from the expiration date of the payment deadline.
Enforcement Ordinance
- Article 114 (Imposition and Payment of Penalty Surcharges for Violations of Obligations, such as Ban on Contracting)
Article 112 shall apply mutatis mutandis to the imposition and payment of penalty surcharges and additional dues prescribed in Article 161 (1) and (3) of the Act.
- Article 162 (Confidentiality)
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None of the following persons shall divulge or appropriate any confidential information he or she becomes aware of in the course of performing his or her duties: Provided, That the foregoing shall not apply where the Minister of Employment and Labor deems it necessary for preventing the health impairment of employees:
1. A person who reviews a hazard prevention plan submitted under Article 42;
2. A person who reviews a process-safety report submitted under Article 44;
3. A person who conducts a safety and health checkup referred to in Article 47;
4. A person who conducts safety certification referred to in Article 84;
5. A person conducts affairs concerning the receipt of reports referred to in Article 89;
6. A person who conducts a safety inspection referred to in Article 93;
7. A person who conducts affairs concerning approval of a voluntary inspection program referred to in Article 98;
8. A person who reviews an investigative report on hazards and dangers or the results of the investigation submitted under Article 108 (1) or 109 (1);
9. A person to whom material safety data sheets, etc. are submitted pursuant to Article 110 (1) through (3);
10. A person who reviews whether to grant approval of alternative data and approval for extension pursuant to Article 112 (2), (5), and (7), and a person who is furnished with alternative data for material safety data sheets pursuant to paragraph (10) of that Article;
11. A person who conducts a health examination pursuant to Articles 129 through 131;
12. A person who conducts an epidemiological investigation prescribed in Article 141;
13. A person who is registered pursuant to Article 145.
<> Subparagraphs 9 and 10 of Article 162
- Article 163 (Hearings and Criteria for Dispositions)
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(1) Where the Minister of Employment and Labor intends to make any of the following dispositions, he or she shall hold a hearing:
1. Revoking designation pursuant to Article 21 (4) (including cases applicable mutatis mutandis pursuant to Articles 48 (4), 74 (4), 88 (5), 96 (5), 100 (4), 120 (5), 126 (5), 135 (6), and 140 (4));
2. Revoking registration pursuant to Articles 33 (4), 82 (4), 102 (3), 121 (4), and 154;
3. Revoking approval pursuant to Articles 58 (7) (including cases applicable mutatis mutandis pursuant to Article 59 (2); hereafter in paragraph (2), the same shall apply), 112 (8), and 117 (3);
4. Revoking safety certification referred to in Article 86 (1);
5. Revoking approval of a voluntary inspection program referred to in Article 99 (1);
6. Revoking permission referred to in Article 118 (5);
7. Revoking subsidization or support prescribed in Article 158 (2).
(2) The standards for revocation, suspension, prohibition on use, or corrective measures pursuant to Articles 21 (4) (including cases applicable mutatis mutandis pursuant to Article 33 (4), 48 (4), 74 (4), 82 (4), 88 (5), 96 (5), 100 (4), 120 (5), 121 (4), 126 (5), 135 (6), and 140 (4)), 58 (7), 86 (1), 91 (1), 99 (1), 102 (3), 112 (8), 117 (3), 118 (5), and 154 shall be prescribed by Ordinance of the Ministry of Employment and Labor.
<>Article 163 (1) 3 and (2) (The part pertaining to Article 112 (8))
- Article 164 (Retention of Documents)
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(1) Each business owner shall retain the following documents for three years (referring to two years in cases of those prescribed in subparagraph 2): Provided, That the period for retention may be extended, as prescribed by Ordinance of the Ministry of Employment and Labor:
1. Documents relating to appointing a person in charge of safety and health management, safety officer, health officer, safety and health manager, or occupational medicine physician;
2. Minutes of meetings referred to in Articles 24 (3) and 75 (4);
3. Documents stating matters prescribed by Ordinance of the Ministry of Employment and Labor with respect to safety and health measures;
4. Records on the causes, etc. of industrial accidents prescribed in Article 57 (2);
5. Documents concerning investigating the hazards and dangers of chemical substances prescribed in the main clause of Article 108 (1) and Article 109 (1);
6. Documents concerning working environment monitoring prescribed in Article 125;
7. Documents concerning health examinations prescribed in Articles 129 through 131.
(2) A safety certification institution or safety inspection institution entrusted with affairs of safety certification or safety inspections shall retain documents prescribed by Ordinance of the Ministry of Employment and Labor regarding safety certification or safety inspection for three years; a person who has obtained safety certification shall retain documents on machinery, etc. subject to safety certification pursuant to Article 84 (5) for three years; a person who manufactures or imports machinery, etc. subject to voluntary safety verification shall retain documents evidencing that such machinery, etc. meet the voluntary safety standards for two years; and a person who undergoes a voluntary safety inspection referred to in Article 98 (1) shall retain documents on the results of the inspection conducted according to a voluntary inspection program for two years.
(3) The owner, etc. of a structure or facility which has undergone a general asbestos inspection shall retain documents on the results of the inspection until the dismantling or removal of the structure or facility is completed, while the owner, etc. of a structure or facility which has undergone an asbestos inspection by a designated institution and an asbestos inspection institute shall retain documents on the results of the inspection for three years.
(4) A working environment monitoring institution shall retain documents stating matters prescribed by Ordinance of the Ministry of Employment and Labor regarding working environment monitoring for three years.
(5) An instructor shall retain documents on matters prescribed by Ordinance of the Ministry of Employment and Labor regarding their services for five years.
(6) An asbestos dismantler or remover shall retain documents prescribed by Ordinance of the Ministry of Employment and Labor regarding dismantling or removing asbestos prescribed in Article 122 (3) for 30 years.
(7) When documents referred to in any of paragraphs (1) through (6) exist in electronic form, such electronic data may be retained in lieu of the relevant documents.
- Article 165 (Delegation and Entrustment of Authority)
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(1) The authority of the Minister of Employment and Labor provided for in this Act may be partially delegated to the head of a regional employment and labor office, as prescribed by Presidential Decree.
(2) The Minister of Employment and Labor may entrust the following business affairs, among his or her business affairs provided for in this Act, to the Agency, any non-profit corporation prescribed by Presidential Decree, or a relevant specialized institution, as prescribed by Presidential Decree:
1. Business affairs concerning matters prescribed in Article 4 (1) 2 through 7 and 9;
2. Installing and operating facilities prescribed in subparagraph 3 of Article 11;
3. Organizing and operating a standard formulation committee prescribed in Article 13 (2);
4. Evaluating institutions prescribed in Article 21 (2);
5. Safety and health education related to jobs prescribed in the main clause of Article 32 (1), with the exception of its subparagraphs;
6. Registering institutions conducting safety and health education prescribed in the main clause of Article 31 (1), pursuant to Article 33 (1);
7. Evaluation referred to in Article 33 (2);
8. Receiving and reviewing a hazard prevention plan referred to in Article 42, and verification prescribed in Article 43 (1) and the main clause of paragraph (2) of that Article;
9. Receiving a process-safety report pursuant to the former part of Article 44 (1), reviewing a process-safety report pursuant to Article 45 (1), and verification prescribed in Article 46 (2);
10. Evaluating safety and health checkup institutions referred to in Article 48 (2);
11. Evaluating safety and health prescribed in Article 58 (3) or the latter part of paragraph (5) of that Article (including cases applicable mutatis mutandis under Article 59 (2));
12. Evaluating specialized guidance institutions for preventing construction industrial accidents referred to in Article 74 (3);
13. Safety certification referred to in Article 84 (1) and (3);
14. Verifying safety certification referred to in the main clause of Article 84 (4);
15. Evaluating safety certification institutions referred to in Article 88 (3);
16. Business affairs concerning reports on voluntary safety verification prescribed in the main clause of Article 89 (1), with the exception of its subparagraphs;
17. Safety inspections referred to in Article 93 (1);
18. Evaluating safety inspection institutions referred to in Article 96 (3);
19. Approving a voluntary inspection program referred to in Article 98 (1);
20. Providing education on safety-related performance inspections referred to in Article 98 (1) 2, and evaluating voluntary safety inspection institutions referred to in Article 100 (2);
21. Investigation, collection, and performance tests prescribed in Article 101;
22. Subsidization prescribed in Article 102 (1), and registration prescribed in paragraph (2) of that Article;
23. Integrated management of information on the safety of hazardous or dangerous machinery, etc. prescribed in Article 103 (1);
24. Evaluating hazards and dangers prescribed in Article 105 (1);
25. Receiving material safety data sheets, etc. prescribed in Article 110 (1) through (3);
26. Approving partial non-disclosure, etc. of material safety data sheets prescribed in Article 112 (1), (2), and (5) through (7);
27. Providing data relating to material safety data sheets prescribed in Article 116;
28. Verifying the capabilities to conduct asbestos inspections and providing guidance and education to asbestos inspection institutions under Article 120 (2);
29. Evaluating asbestos inspection institutions prescribed in Article 120 (3);
30. Evaluating the safety of asbestos dismantling or removal prescribed in Article 121 (2);
31. Verifying the capabilities to monitor and analyze working environments and providing guidance and education to working environment monitoring institutions under Article 126 (2);
32. Evaluating working environment monitoring institutions prescribed in Article 126 (3);
33. Evaluating the reliability of working environment monitoring results prescribed in Article 127 (1);
34. Verifying the capabilities to conduct examinations and analysis of special health examination institutions and providing guidance and education to them under Article 135 (3);
35. Evaluating special health examination institutions prescribed in Article 135 (4);
36. Designating research institutes specializing in special health examinations by hazardous factor prescribed in Article 136 (1);
37. Business affairs concerning health management cards prescribed in Article 137;
38. Epidemiological investigations prescribed in Article 141 (1);
39. Continuing education for instructors prescribed in the proviso of Article 145 (5);
40. Training and education for instructors prescribed in Article 146;
41. Business affairs concerning providing, revoking, or recovering a subsidy or support, prescribed in Article 158 (1) through (3).
(3) Executive officers or employees of a non-profit corporation or the relevant specialized institution entrusted with business affairs under paragraph (2) shall be deemed public officials in applying Articles 129 through 132 of the Criminal Act.
<>Article 165 (2) 25, 26, and 27
Enforcement Ordinance
- Article 115 (Delegation of Authority)
(1) Pursuant to Article 165 (1) of the Act, the Minister of Employment and Labor shall delegate his or her authority over the following affairs to the head of each regional employment and labor office:
1. Requesting submission of data prescribed in Article 10 (3) of the Act;
2. Issuing an order to appoint or replace a safety officer, health officer, or safety and health manager referred to in Article 17 (4), 18 (4) or 19 (3) of the Act;
3. Designating, or revoking the designation of, a specialized safety management institution or specialized health management institution (excluding specialized health management institutions by industry or by harmful factor referred to in Article 23 (1) of this Decree) of the Act, and issuing an order to suspend its business pursuant to Article 21 (1) and (4);
4. Commissioning an honorary occupational safety inspector referred to in Article 23 (1) of the Act;
5. Registering, or revoking the registration of, a safety and health educational institution, and issuing an order to suspend its business pursuant to Article 33 (1) and (4) of the Act;
6. Issuing an order to suspend work or construction or to amend a plan for preventing harm and danger pursuant to the latter part of Article 42 (4) of the Act;
7. Issuing an order to amend a process safety report referred to in the latter part of Article 45 (1); and evaluating the implementation of a process safety report or issuing an order to re-submit a process safety report pursuant to Article 46 (4) and (5) of the Act;
8. Issuing an order to conduct a safety and health checkup and receiving a report on the results of the safety and health checkup pursuant to Article 47 (1) and (4) of the Act;
9. Designating, or revoking the designation of, a safety and health inspection institution, and issuing an order to suspend its business pursuant to Article 48 (1) and (4) of the Act;
10. Issuing an order to formulate and execute a safety and health improvement plan referred to in Article 49 (1) of the Act;
11. Receiving and reviewing a safety and health improvement plan; and providing written notice on the results of review, and issuing an order to supplement a safety and health improvement plan pursuant to Article 50 (1) and (2) of the Act;
12. Issuing an order for corrective measures prescribed in Article 53 (1) of the Act;
13. Issuing an order to suspend work pursuant to Articles 53 (3) and 55 (1) and (2) of the Act;
14. Lifting the suspension of use or the suspension of work pursuant to Article 53 (5) or 55 (3) of the Act;
15. Receiving and processing a report on occurrence of industrial accidents submitted by a business owner pursuant to Article 57 (3) of the Act;
16. Approving an approval, extension of approval, or approval of modifications and the revocation of an approval, extension of approval, or approval of modifications prescribed in Article 58 (2) 2, (5), (6) and (7) of the Act; and approving a contract pursuant to Article 59 (1) of the Act;
17. Designating, or revoking the designation of, a specialized guidance institution for preventing construction industrial accidents, and issuing an order to suspend its business pursuant to Article 74 (1) and (4) of the Act;
18. Registering, or revoking the registration of, a business of installing or dismantling a tower crane, and issuing an order to suspend its business pursuant to Article 82 (1) and (4) of the Act;
19. Issuing an order to submit data prescribed in Article 84 (6) of the Act;
20. Issuing an order to remove a mark prescribed in Article 85 (4) of the Act;
21. Issuing an order to revoke safety certification, to prohibit the use of a safety certificate, or to make necessary corrections prescribed in Article 86 (1) of the Act;
22. Issuing an order for collection or destruction prescribed in Article 87 (2) of the Act;
23. Issuing an order to remove a mark prescribed in Article 90 (4) of the Act;
24. Issuing an order to prohibit the use or to make necessary corrections pursuant to Article 91 (1) of the Act;
25. Issuing an order for collection or destruction prescribed in Article 92 (2) of the Act;
26. Revoking approval of a voluntary inspection program referred to in Article 99 (1) of the Act, and issuing an order to make corrections;
27. Designating, or revoking the designation of, a voluntary safety inspection institution, and issuing an order to suspend its business pursuant to Article 100 (1) and (4) of the Act;
28. Revoking registration or restricting support pursuant to Article 102 (3) of the Act;
29. Revoking an approval or extension of approval prescribed in Article 112 (8) of the Act;
30. Receiving and processing a report on the appointment or dismissal pursuant to Article 113 (3) of the Act;
31. Approving, or revoking the approval of, the manufacture, import or use of substances prohibited from manufacturing, etc. prescribed in Article 117 (2) 1 and (3) of the Act;
32. Permitting the manufacture and use of substances subject to permission or modifications thereto, issuing an order for repair, renovation, etc.; revoking permission for the manufacture and use of substances subject to permission; and issuing an order to suspend business pursuant to Article 118 (1), (4), and (5) of the Act;
33. Issuing an order to conduct a general asbestos inspection or an asbestos inspection by a designated institute pursuant to Article 119 (4) of the Act; and issuing an order to suspend business until the results of implementation in compliance with such order are reported;
34. Designating, or revoking the designation of, an asbestos inspection institution, and issuing an order to suspend its business pursuant to Article 120 (1) and (5) of the Act;
35. Registering, or revoking the registration of, the business of dismantling or removing asbestos, and issuing an order to suspend business pursuant to under Article 121 (1) and (4) of the Act;
36. Evaluating the safety of asbestos dismantling or removal works and disclosing the results of such evaluation pursuant to Article 121 (2) of the Act;
37. Receiving and accepting a report on asbestos dismantling or removal works pursuant to Article 122 (3) and (4) of the Act;
38. Receiving evidentiary data of asbestos concentration submitted pursuant to Article 124 (1) of the Act;
39. Receiving and processing a report on the results of measuring working environments pursuant to Article 125 (5) of the Act;
40. Designating, or revoking the designation of, a working environment measurement institution, and issuing an order to suspend its business pursuant to Article 126 (1) and (5) of the Act;
41. Issuing an order to conduct provisional health examinations, etc. referred to in Article 131 (1) of the Act;
42. Receiving reports on the results of taking measures pursuant to Article 132 (5) of the Act;
43. Receiving reports on the results of health examinations pursuant to Article 134 (1) of the Act;
44. Designating, or revoking the designation of, a special health examination institution, and issuing an order to suspend its business pursuant to Article 135 (1) and (6) of the Act;
45. Designating, or revoking the designation of, an educational institution, and issuing an order to suspend its business pursuant to Article 140 (2) and (4) of the Act;
46. Registering, or revoking the registration of, an instructor, and issuing an order to suspend his or her services pursuant to Articles 145 (1) and 154 of the Act;
47. Receiving and processing a report referred to in Article 157 (1) and (2) of the Act;
48. Imposing and collecting penalty surcharges (limited to matters regarding entrusted authority) pursuant to Article 160 of the Act;
49. Imposing and collecting penalty surcharges and additional dues pursuant to Article 161 of the Act;
50. Hearings (limited to matters regarding entrusted authority) referred to in Article 163 (1) of the Act;
51. Imposing and collecting penalty surcharges (limited to matters regarding entrusted authority) pursuant to Article 175 of the Act;
52. Receiving documents pursuant to Articles 16 (6), 20 (3), and 29 (3) of the Act;
53. Supervisory measures necessary in exercising the authority prescribed in subparagraphs 1 through 52.
[Wholly Amended on Sep. 8, 2020]
Enforcement Ordinance
- Article 116 (Entrustment of Business Affairs)
(1) The Minister of Employment and Labor shall entrust the Agency with the business affairs prescribed in Article 165 (2) 2 through 4, 6 through 10, 12, 15, 16, 18 through 30, 32, 33, 35 through 41 of the Act.
(2) The Minister of Employment and Labor shall entrust the business affairs prescribed in Article 165 (2) 1, 11, 13, 14, 17, 31, and 34 to the Agency or a corporation or institution, designated and publicly notified by the Minster of Employment and Labor or registered with the Minster of Employment and Labor, from among the following corporations or institutions satisfying the requirements for human resources, facilities, and equipment to perform the entrusted business affairs:
1. Corporations that meet all the following requirements:
(a) Nonprofit corporations;
(b) The objective of incorporation shall be to promote occupational safety and health or to prevent industrial accidents;
2. Corporations or institutions designated by the Minster of Employment and Labor pursuant to Article 21 (1), 48 (1), 74 (1), 120 (1), 126 (1), 135 (1), or 140 (2) of the Act;
3. Public institutions established under the Act on the Management of Public Institutions for the purpose of certifying and inspecting machinery, apparatus, equipment, etc. and for the research and development of manufacturing technology, education, assessment, and so forth;
4. Schools, defined in Article 2 of the Higher Education Act, with a department relating to occupational safety and health.
(3) Where the Minister of Employment and Labor entrusts business affairs to the Agency, corporations or institutions under paragraph (2), he or she shall publicly announce matters concerning the names of entrusted institutions and entrusted business affairs in the Official Gazette or the Website of the Ministry of Employment and Labor.
- Article 166 (Fees)
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(1) Any of the following persons shall pay fees, as prescribed by Ordinance of the Ministry of Employment and Labor:
1. A business owner who intends to require any person prescribed in the subparagraphs of Article 32 (1) to complete safety and health education;
2. A person who intends to have a hazard prevention plan reviewed pursuant to the main clause of Article 42 (1);
3. A person who intends to have his or her process-safety report reviewed pursuant to the main clause of Article 44 (1);
4. A person who intends to undergo an evaluation on safety and health pursuant to Article 58 (3) or the latter part of paragraph (5) of that Article (including cases applicable mutatis mutandis pursuant to Article 59 (2));
5. A person who intends to obtain safety certification pursuant to Article 84 (1) and (3);
6. A person who intends to obtain verification prescribed in Article 84 (4);
7. A person who intends to undergo a safety inspection prescribed in Article 93 (1);
8. A person who intends to obtain approval of a voluntary inspection program prescribed in Article 98 (1);
9. A person who intends to obtain approval of partial non-disclosure of material safety data sheets or approval for extension prescribed in Article 112 (1) or (5);
10. A person who intends to obtain permission prescribed in Article 118 (1);
11. A person who intends to undergo education for acquiring the qualification or license referred to in Article 140;
12. A person who intends to apply for a qualification examination for instructors referred to in Article 143;
13. A person who intends to be registered as an instructor pursuant to Article 145;
14. Any other person prescribed by Presidential Decree, who is related to occupational safety and health.
(2) The Agency may require any person who benefits from the services of the Agency to fully or partially bear the expenses incurred in performing such services, with approval of the Minister of Employment and Labor.
<>Articles 166 (1) 9
