Article 125 (Working Environment Monitoring)

(1) A business owner shall have a person meeting the qualifications prescribed by Ordinance of the Ministry of Employment and Labor monitor the working environment of a workplace prescribed by Ordinance of the Ministry of Employment and Labor, where works harmful to the human body are handled, to protect the health of employees from hazardous factors and create a pleasant working environment.

(2) Notwithstanding paragraph (1), where a relevant contractor or his or her employee works in the place of business of a contractee, the contractee shall have a person qualified under paragraph (1) monitor the working environment.

(3) A business owner (including a contractee referred to in paragraph (2); hereafter in this Article and Article 127, the same shall apply) may entrust working environment monitoring referred to in paragraph (1) to an institution designated under Article 126 (hereinafter referred to as “working environment monitoring institution”). In such cases, only analysis of samples, among the works related to working environment monitoring, may be entrusted, when necessary.

(4) A business owner shall, upon request by the representative of employees (including the representative of employees of a relevant contractor; hereafter in this Article, the same shall apply), permit the representative of employees to participate in monitoring the working environment.

(5) A business owner shall record and retain the results of working environment monitoring and report them to the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor: Provided, That where a working environment monitoring institution to which working environment monitoring is entrusted by a business owner under paragraph (3) has monitored the working environment and submitted the results thereof to the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor, the results of monitoring the working environment shall be deemed reported.

(6) A business owner shall inform employees at the relevant workplace (including a relevant contractor and his or her employees; hereafter in this paragraph and Articles 127 and 175 (5) 15, the same shall apply) of the results of the working environment monitoring and take measures for protecting the health of employees based upon such results, such as installing and improving the relevant facilities and equipment or providing health examinations.

(7) Upon request by the occupational safety and health committee or the representative of employees, a business owner shall hold an explanatory meeting, etc. on the results of monitoring working environments. In such cases, where working environment monitoring is entrusted under paragraph (3), the business owner may require the working environment monitoring institution to explain the results of monitoring working environments.

(8) The methods and frequency of working environment monitoring prescribed in paragraphs (1) and (2), and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.

Article 126 (Working Environment Monitoring Institutions)

(1) Any person intending to become a working environment monitoring institution shall obtain designation from the Minister of Employment and Labor after meeting the requirements for human resources, facilities, equipment, etc. prescribed by Presidential Decree.

(2) To ensure the accuracy and precision of the results of monitoring or analysis by working environment monitoring institutions, the Minister of Employment and Labor may verify the capabilities of working environment monitoring institutions to monitor and analyze working environments and may guide or educate such institutions. In such cases, the methods and procedures for verifying their capabilities to monitor and analyze working environments and for educating them, and other necessary matters shall be determined and publicly notified by the Minister of Employment and Labor.

(3) Where necessary to improve the quality of the working environment monitoring, the Minister of Employment and Labor may evaluate working environment monitoring institutions and publish the results of such evaluation (including the results of verifying the capabilities to measure and analyze prescribed in paragraph (2)). In such cases, the standards and methods for evaluation, the publication of the results of evaluation, and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.

(4) The type, scope of duties, and designation procedures of working environment monitoring institutions, and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.

(5) Article 21 (4) and (5) shall apply mutatis mutandis to working environment monitoring institutions. In such cases, “specialized safety management institution or specialized health management institution” shall be construed as “working environment monitoring institution”.

Enforcement Ordinance

Enforcement Ordinance

Article 127 (Evaluation of Reliability of Working Environment Measurement)

(1) The Minster of Employment and Labor may evaluate the reliability of the results of monitoring working environments prescribed in Article 125 (1) and (2).

(2) Business owners and employees shall fully cooperate when the Minster of Employment and Labor performs a reliability evaluation pursuant to paragraph (1).

(3) The methods, subjects, and procedures of a reliability evaluation referred to in paragraph (1), and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.

Article 128 (Designation of Research Institutes Specializing in Working Environments)

(1) The Minister of Employment and Labor may designate a research institute specializing in working environments by hazardous factor and by type of business and subsidize such institute within the budget to protect the health of employees from hazardous factors in the workplace and to promote specialized research on the methods of managing working environments, etc.

(2) The standards for designating research institutes specializing in working environments by hazardous factor and by type of business referred to in paragraph (1), and other necessary matters shall be determined and publicly notified by the Minister of Employment and Labor.

Article 129 (General Health Examination)

(1) A business owner shall provide health examinations for health management of his or her regular workforce (hereinafter referred to as “general health examination”): Provided, That where a business owner has provided health examinations prescribed by Ordinance of the Ministry of Employment and Labor, general health examinations shall be deemed provided for employees who have received such health examinations.

(2) A business owner shall provide general health examinations to be conducted at special health examination institutions referred to in Article 135 (1) or health examination institutions defined in subparagraph 2 of Article 3 of the Framework Act on Health Examination (hereinafter referred to as "health examination institution").

(3) The frequency, items, methods, and cost of general health examinations, and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.

Article 130 (Special Health Examinations)

(1) A business owner shall provide health examinations for health management of any of the following employees (hereinafter referred to as “special health examination”): Provided, That where a business owner has provided health examinations prescribed by Ordinance of the Ministry of Employment and Labor, special health examinations for the relevant hazardous factors shall be deemed provided for employees who have received such health examinations:

1. Employees engaged in work where they are exposed to hazardous factors prescribed by Ordinance of the Ministry of Employment and Labor (hereinafter referred to as "work subject to special health examination");

2. Employees who are medically determined to have an occupational disease based on the results of a health examination referred to in subparagraph 1, paragraph (3), or Article 131; are transferred to a different work position or work site and not engaged in the work subject to special health examination that is determined as a cause of the occupational disease; and are issued a medical referral by a physician referred to in Article 2 of the Medical Service Act that indicates the need for them to undergo a health examination related to the relevant hazardous factor.

(2) With respect to an employee to be assigned to any work subject to special health examination, a business owner shall provide a health examination to assess whether the employee is suitable to conduct such work (hereinafter referred to as "pre-placement health examination"): Provided, That a pre-placement health examination need not be provided for employees prescribed by Ordinance of the Ministry of Employment and Labor.

(3) A business owner shall provide a health examination (hereinafter referred to as “occasional health examination”) for an employee prescribed by Ordinance of the Ministry of Employment and Labor, such as an employee for whom a business owner is recommended to provide a health examination by a health officer, among the employees showing symptoms of a health impairment suspected to be caused by hazardous factors related to any work subject to special health examination or in receipt of such medical opinions.

(4) A business owner shall provide health examinations prescribed in paragraphs (1) through (3) to be conducted at special health examination institutions referred to in Article 135 (1).

(5) The timing, frequency, items, methods, and cost of health examinations prescribed in paragraphs (1) through (3), and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.

Article 131 (Order to Undergo Temporary Health Examinations)

(1) In cases prescribed by Ordinance of the Ministry of Employment and Labor, such as where employees exposed to the same hazardous factors show symptoms of a similar disease, he or she may order a business owner to take necessary measures to protect the health of employees, such as providing health examinations for specific employees (hereinafter referred to as “temporary health examination”) and transferring such employees to a different work position.

(2) The items of temporary health examinations, and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.

Article 132 (Obligations of Business Owners regarding Health Examinations)

(1) A business owner shall ensure that any health examination prescribed in Articles 129 through 131 is provided in the presence of the representative of employees, if so requested by the representative of employees.

(2) Upon request by the occupational safety and health committee or the representative of employees, a business owner shall directly explain the results of a health examination prescribed in Articles 129 through 131 or require the health examination institution which has conducted such health examination to explain the results of a health examination: Provided, That the results of any health examination of any employee shall not be disclosed without his or her consent.

(3) No business owner shall use the results of any health examination prescribed in Articles 129 through 131 for any purpose other than protecting and maintaining the health of employees.

(4) When deemed necessary to maintain the health of employees based on the results of any health examination prescribed in Articles 129 through 131 or other statutes or regulations, a business owner shall take appropriate measures as prescribed by Ordinance of the Ministry of Employment and Labor, such as relocating a work site, transferring them to different work positions, reducing working hours, restricting night work (referring to work performed between 10:00 p.m. and 6:00 a.m.), monitoring working environments, or installing and improving facilities and equipment.

(5) A business owner prescribed by Ordinance of the Ministry of Employment and Labor, who is required to take appropriate measures under paragraph (4), shall submit the results of taking such measures to the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor.

Article 133 (Obligations of Employees regarding Health Examinations)

Each employee shall undergo health examinations provided by his or her business owner pursuant to Articles 129 through 131: Provided, That where any employee undergoes a health examination corresponding thereto at a health examination institution, other than that designated by the business owner, and submits a document evidencing the results of his or her health examination to the business owner, such employee shall be deemed to have undergone a health examination provided by the business owner.

Article 134 (Obligations of Health Examination Institutions to Report Results)

(1) When a health examination institution conducts a health examination prescribed in Articles 129 through 131, it shall notify the relevant employees and business owner of the results therof, and report them to the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor.

(2) Any institution that conducts a health examination under the proviso of Articles 129 (1) shall, where a business owner requests the results of such health examination to protect the health of employees, inform him or her of the relevant results, as prescribed by Ordinance of the Ministry of Employment and Labor.

Article 135 (Special Health Examination Institutions)

(1) Any medical institution prescribed in Article 3 of the Medical Service Act that intends to conduct special health examinations, pre-placement health examinations, or occasional health examinations shall be designated as an institution eligible to conduct health examinations (hereinafter referred to as “special health examination institution”) by the Minister of Employment and Labor.

(2) Any person intending to be designated as a special health examination institution shall apply for such designation to the Minister of Employment and Labor after meeting the requirements prescribed by Presidential Decree.

(3) The Minister of Employment and Labor may verify the capabilities of special health examination institutions referred to in paragraph (1) to conduct health examination and analysis to ensure the accuracy and precision of the results of their examination and analysis, and guide or educate such institutions. In such cases, the methods and procedures for verifying the capabilities to perform examination and analysis, and for guiding and educating special health examination institutions, and other necessary matters shall be determined and publicly notified by the Minister of Employment and Labor.

(4) The Minister of Employment and Labor may evaluate special health examination institutions and publish the results of such evaluation (including the results of verifying the capabilities to perform examination and analysis prescribed in paragraph (3)). In such cases, matters necessary for the standards and methods for evaluation, and for publishing the results of evaluation shall be prescribed by Ordinance of the Ministry of Employment and Labor.

(5) The procedures for applying for designation as a special health examination institution, its performance of duties, areas where it can conduct its duties, and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.

(6) Article 21 (4) and (5) shall apply mutatis mutandis to special health examination institutions. In such cases, “specialized safety management institution or specialized health management institution” shall be construed as “special health examination institution”.

Enforcement Ordinance

Enforcement Ordinance

Article 136 (Designation of Research Institutes Specializing in Special Health Examinations by Hazardous Factor)

(1) The Minister of Employment and Labor may designate research institutes specializing in special health examinations by hazardous factor and subsidize such institutes within the budget to promote specialized research on hazardous factors in the workplace.

(2) The standards and procedures for designating research institutes specializing in special health examinations by hazardous factor referred to in paragraph (1), and other necessary matters shall be determined and publicly notified by the Minister of Employment and Labor.

Article 137 (Health Management Cards)

(1) With respect to a person who was or is engaged in any work likely to cause health impairments prescribed by Ordinance of the Ministry of Employment and Labor and who meets the requirements prescribed by Ordinance of the Ministry of Employment and Labor, the Minister of Employment and Labor shall issue a health management card to such person to early detect occupational diseases of such person and to continuously manage his or her health.

(2) Where a person who is issued a health management card applies for medical care benefits referred to in Article 41 of the Industrial Accident Compensation Insurance Act, he or she may present his or her health management card in lieu of a medical referral regarding the relevant accident.

(3) No person issued a health management card shall transfer or lend it to any third person.

(4) Among the persons issued a health management card, any person who is no longer engaged in work for which he or she is issued a health management card under paragraph (1) may be entitled to receive a health examination corresponding to a special health examination, as prescribed by Ordinance of the Ministry of Employment and Labor.

(5) The form and issuance procedures of health management cards, and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.

Article 138 (Prohibition of or Restriction on Work by Persons Suffering from Disease)

(1) With respect to any person suffering from a contagious or mental disease, or a disease likely to be significantly exacerbated by work, which is prescribed by Ordinance of the Ministry of Employment and Labor, a business owner shall prohibit or restrict such person’s work based upon the diagnosis by a physician defined in Article 2 of the Medical Service Act.

(2) When an employee who has been prohibited or restricted from working pursuant to paragraph (1) recovers, the relevant business owner shall permit him or her to resume work without delay.

Article 139 (Restriction on Working Hours of Hazardous or Dangerous Work)

(1) With respect to any employee engaged in hazardous or dangerous work prescribed by Presidential Decree, such as work performed at high pressure, no business owner shall require him or her to work in excess of six hours per day or 34 hours per week.

(2) With respect to any employee engaged in hazardous or dangerous work prescribed by Presidential Decree, a business owner shall take measures for protecting the health of such employee by rationally scheduling work and rest time and by improving the working conditions related to working hours, in addition to necessary safety and health measures.

Enforcement Ordinance

Article 140 (Restriction on Employment based on Qualification)

(1) In cases of hazardous or dangerous work prescribed by Ordinance of the Ministry of Employment and Labor, which requires significant knowledge or skill, no business owner shall permit any person, other than those with the qualifications, license, experiences, or skills as required, to perform such work.

(2) The Minister of Employment and Labor may designate educational institutions for the acquisition of qualifications or licenses or the acquisition of skills prescribed in paragraph (1).

(3) The qualifications, licenses, experience, and skills referred to in paragraph (1), the requirements and procedures for designating an educational institution referred to in paragraph (2), and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.

(4) Article 21 (4) and (5) shall apply mutatis mutandis to educational institutions referred to in paragraph (2). In such cases, “specialized safety management institution or specialized health management institution” shall be construed as “educational institution under paragraph (2)”.

Enforcement Ordinance

Article 141 (Epidemiological Investigations)

(1) Where deemed necessary to diagnose and prevent an occupational disease and to ascertain the cause thereof, the Minister of Employment and Labor may conduct an epidemiological investigation of the correlation between the relevant employee's disease and hazardous factors in the workplace (hereinafter referred to as "epidemiological investigation"). In such cases, where a business owner, the representative of employees, or any other person prescribed by Ordinance of the Ministry of Employment and Labor requests participation in an epidemiological investigation, the relevant person may be permitted to participate therein, as prescribed by Ordinance of the Ministry of Employment and Labor.

(2) A business owner and employees shall fully cooperate with an epidemiological investigation conducted by the Minister of Employment and Labor, and shall not refuse, obstruct, or evade such investigation without good cause.

(3) No one shall refuse or obstruct the participation in an epidemiological investigation by a person permitted to participate in the epidemiological investigation under the latter part of paragraph (1).

(4) No person who participates in an epidemiological investigation under the latter part of paragraph (1) shall divulge or appropriate confidential information that he or she becomes aware of while participating in the epidemiological investigation.

(5) Where necessary for an epidemiological investigation, the Minister of Employment and Labor may request the relevant data from the relevant institutions, including the results of health examinations of employees prescribed in Articles 129 through 131, records of health care benefits and results of health checkups prescribed in the National Health Insurance Act, employment information prescribed in the Employment Insurance Act, and information on a disease and a cause of death prescribed in the Cancer Control Act. In such cases, any institution so requested shall comply therewith, unless there is a compelling reason not to do so.

(6) The methods, subject matters, and procedures of epidemiological investigations, and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.