OCCUPATIONAL SAFETY AND HEALTH ACT [See entire ACT]

CHAPTER Ⅱ Safety and Health Management System

Article 14 (Report to and Approval of Board of Directors)

(1) The representative director of a company prescribed by Presidential Decree, among the stock companies referred to in Article 170 of the Commercial Act, shall formulate a plan for safety and health of the company each year, and report it to the board of directors for approval, as prescribed by Presidential Decree.

(2) Any representative director referred to in paragraph (1) shall faithfully implement a plan for safety and health referred to in paragraph (1).

(3) A plan for safety and health referred to in paragraph (1) shall include such matters as the costs, facilities, personnel, etc. related to safety and health.

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Enforcement Ordinance

Article 13 (Companies Subject to Reporting to and Approval of Board of Directors)

(1) “Company prescribed by Presidential Decree” in Article 14 (1) of the Act means any of the following companies:

1. Companies employing at least 500 full-time employees;

2. Construction companies listed in the top 1,000 construction companies as publicly notified based on the appraisal of execution capacity prescribed in Article 23 of the Framework Act on the Construction Industry (limited to the appraisal and public notification of civil engineering and construction businesses referred to in subparagraph 3 of the construction business category performing general construction works referred to in attached Table 1 of the Enforcement Decree of that Act).

(2) A representative director of a company referred to in Article 14 (1) of the Act (in cases of a company that cannot have a representative director pursuant to the latter part of Article 408-2 (1) of the Commercial Act, referring to a representative executive director referred to in Article 408-5 of that Act) shall establish a safety and health plan for the company, covering each of the following matters, in accordance with the company's articles of incorporation:

1. Management policies pertaining to safety and health;

2. Composition, human resources and roles of a safety and health management organization;

3. Current status of safety and health-related budget and facilities;

4. Performance of safety and health activities of the preceding year, and an action plan for the following year.

Article 15 (Persons in Charge of Safety and Health Management)

(1) A business owner shall require a person in actual charge of the general supervision and management of the place of business to supervise and manage the following duties at the place of business:

1. Matters regarding formulating an industrial accident prevention plan for the place of business;

2. Matters regarding preparing and amending safety and health management regulations referred to in Articles 25 and 26;

3. Matters regarding safety and health education referred to in Article 29;

4. Matters regarding inspecting and improving the working environments, including working environment measurement;

5. Matters regarding managing health pursuant to Articles 129 through 132, including health examinations of employees;

6. Matters regarding investigating causes of industrial accidents and formulating measures to prevent recurrence thereof;

7. Matters regarding recording and maintaining statistics on industrial accidents;

8. Mattering regarding ascertaining whether safety devices and protective equipment are proper goods, when they are purchased;

9. Such other matters for preventing any hazard and risk to employees as prescribed by Ordinance of the Ministry of Employment and Labor.

(2) A person who supervises and manages the duties prescribed in each subparagraph of paragraph (1) (hereinafter referred to as "person in charge of safety and health management") shall direct and supervise safety officers referred to in Article 17 and health officers referred to in Article 18.

(3) The type of business and the number of regular workforce at a place of business required to have a person in charge of safety and health management, and other necessary matters shall be prescribed by Presidential Decree.

Enforcement Ordinance

Article 14 (Appointment of Persons in Charge of Safety and Health Management)

(1) The types of business and the number of full-time employees (referring to the amount of construction works in cases of construction works; hereinafter the same shall apply) at a place of business required to have a person in charge of safety and health management referred to in Article 15 (2) of the Act (hereinafter referred to as “person in charge of safety and health management”) are as specified in attached Table 2.

(2) A business owner shall provide necessary support to a person in charge of safety and health management in terms of authority, facilities, equipment, budget, etc. so that he or she can efficiently conduct the duties prescribed in Article 15 (1) of the Act.

(3) Where a business owner has appointed a person in charge of safety and health management, he or she shall keep documents verifying his or her appointment and details regarding the performance of the duties prescribed in the subparagraphs of Article 15 (1) of the Act.

Enforcement Ordinance

Article 15 (Duties of Supervisors)

(1) “Duties prescribed by Presidential Decree” in Article 16 (1) of the Act means the following duties:

1. Inspecting safety and health of the machinery, apparatus or equipment related to such work (hereafter in this Article referred to as “relevant work”) as directed and supervised by a supervisor referred to in Article 16 (1) of the Act (hereinafter referred to as “supervisor”) in the place of business, and confirming as to whether any abnormality exists in such machinery, apparatus or equipment;

2. Inspecting working clothes, protective devices and safeguard devices of employees who are under the supervision of a supervisor, and instructing and guiding on their wearing and use;

3. Reporting industrial accidents occurring in the relevant work, and emergency measures taken against them;

4. Arranging work sites of the relevant work, and confirming and supervising securing of passages to such work sites;

5. Cooperating on the guidance and advice of the following persons in the relevant place of business:

(a) A safety officer referred to in Article 17 (1) of the Act (hereinafter referred to as “safety officer”); or in cases of a place of business which entrusts the business affairs of a safety officer pursuant to Article 17 (5) of the Act to a specialized safety management institution referred to in that paragraph (hereinafter referred to as “specialized safety management institution”), referring to the person in charge of the relevant place of business of such specialized safety management institution;

(b) A health officer referred to in Article 18 (1) of the Act (hereinafter referred to as “health officer”); or in cases of a place of business which entrusts the business affairs of a health officer pursuant to Article 18 (5) of the Act to a specialized health management institution referred to in that paragraph (hereinafter referred to as “specialized health management institution”), referring to the person in charge of the relevant place of business of such specialized health management institution;

(c) A safety and health manager referred to in Article 19 (1) of the Act (hereinafter referred to as “safety and health manager”); or in cases of a place of business which entrusts the business affairs of a safety and health manager to a specialized safety management institution or specialized health management institution pursuant to Article 19 (4) of the Act, referring to the person in charge of the relevant place of business of such specialized safety management institution or specialized health management institution;

(d) Occupational health doctor referred to in Article 22 (1) of the Act (hereinafter referred to as “occupational health doctor”);

6. Each of the following duties related to assessment of danger conducted under Article 36 of the Act:

(a) Participation in identifying harmful and dangerous factors;

(b) Participation in implementing improvement measures;

7. Other duties concerning the safety and health of the relevant work prescribed by Ordinance of the Ministry of Employment and Labor.

(2) Article 14 (2) shall apply mutatis mutandis to the support for supervisors. In such cases, “person in charge of safety and health management” shall be construed as “supervisor”, and “Article 15 (1) of the Act” as “paragraph (1)”.

Enforcement Ordinance

Article 18 (Duties of Safety Officers)

(1) Each safety officer shall perform the following duties:

1. Duties that an occupational safety and health committee established under Article 24 (1) of the Act (hereinafter referred to as “occupational safety and health committee”) or a labor-management council on safety and health established under Article 75 (1) of the Act (hereinafter referred to as “labor-management council”) has deliberated on and determined, and duties prescribed by the safety and health management regulations of the relevant place of work referred to in Article 25 (1) of the Act (hereinafter referred to as "safety and health management regulations") and rules of employment;

2. Assisting, guiding and advising on assessing danger prescribed in Article 36 of the Act;

3. Assisting, guiding and advising on selecting appropriate products in purchasing machinery, etc. subject to safety certification prescribed in Article 84 (1) of the Act (hereinafter referred to as "machinery, etc. subject to safety certification") and machinery, etc. subject to voluntary safety verification prescribed in the main clause, with the exception of the subparagraphs, of Article 89 (1) of the Act (hereinafter referred to as "machinery, etc. subject to voluntary safety verification");

4. Assisting, guiding and advising on formulating a safety education plan for the relevant place of business, and conducting safety education;

5. Routinely inspecting and guiding the relevant place of business, and presenting opinions on the measures to be taken;

6. Investigating and analyzing the causes of industrial accidents, and technically assisting, guiding and advising on preventing their recurrence;

7. Assisting, guiding and advising on maintaining, managing and analyzing statistics on industrial accidents;

8. Assisting, guiding and advising on implementing safety-related matters prescribed by the Act or an order issued under the Act;

9. Preparing and preserving a record on performance of duties;

10. Other matters prescribed by the Minister of Employment and Labor for safety.

(2) In stationing a safety officer, a business owner shall consider the form of the work in the relevant place of business, such as overtime, night and holiday work.

(3) In order to perform safety management duties efficiently, a business owner may seek evaluation and instruction from external experts.

(4) A safety officer shall cooperate with health officers in performing any duty provided for in paragraph (1).

(5) Article 14 (2) shall apply mutatis mutandis to the support for safety officers. In such cases, “person in charge of safety and health management” shall be construed as “safety officer”, and “Article 15 (1) of the Act” as “paragraph (1)".

Enforcement Ordinance

Enforcement Ordinance

Article 16 (Supervisors)

(1) A business owner shall require a person in a position of directly controlling and supervising production-related operations and employees at the place of business (hereinafter referred to as “supervisor”) to perform duties related to occupational safety and health, as prescribed by Presidential Decree.

(2) Where a supervisor is assigned, a safety manager referred to in Article 64 (1) 2 of the Construction Technology Promotion Act and safety management staff referred to in subparagraph 3 of that paragraph shall be deemed assigned, respectively.

Enforcement Ordinance

Article 15 (Duties of Supervisors)

(1) “Duties prescribed by Presidential Decree” in Article 16 (1) of the Act means the following duties:

1. Inspecting safety and health of the machinery, apparatus or equipment related to such work (hereafter in this Article referred to as “relevant work”) as directed and supervised by a supervisor referred to in Article 16 (1) of the Act (hereinafter referred to as “supervisor”) in the place of business, and confirming as to whether any abnormality exists in such machinery, apparatus or equipment;

2. Inspecting working clothes, protective devices and safeguard devices of employees who are under the supervision of a supervisor, and instructing and guiding on their wearing and use;

3. Reporting industrial accidents occurring in the relevant work, and emergency measures taken against them;

4. Arranging work sites of the relevant work, and confirming and supervising securing of passages to such work sites;

5. Cooperating on the guidance and advice of the following persons in the relevant place of business:

(a) A safety officer referred to in Article 17 (1) of the Act (hereinafter referred to as “safety officer”); or in cases of a place of business which entrusts the business affairs of a safety officer pursuant to Article 17 (4) of the Act to a specialized safety management institution referred to in that paragraph (hereinafter referred to as “specialized safety management institution”), referring to the person in charge of the relevant place of business of such specialized safety management institution;

(b) A health officer referred to in Article 18 (1) of the Act (hereinafter referred to as “health officer”); or in cases of a place of business which entrusts the business affairs of a health officer pursuant to Article 18 (4) of the Act to a specialized health management institution referred to in that paragraph (hereinafter referred to as “specialized health management institution”), referring to the person in charge of the relevant place of business of such specialized health management institution;

(c) A safety and health manager referred to in Article 19 (1) of the Act (hereinafter referred to as “safety and health manager”); or in cases of a place of business which entrusts the business affairs of a safety and health manager to a specialized safety management institution or specialized health management institution pursuant to Article 19 (4) of the Act, referring to the person in charge of the relevant place of business of such specialized safety management institution or specialized health management institution;

(d) Occupational health doctor referred to in Article 22 (1) of the Act (hereinafter referred to as “occupational health doctor”);

6. Each of the following duties related to assessment of danger conducted under Article 36 of the Act:

(a) Participation in identifying harmful and dangerous factors;

(b) Participation in implementing improvement measures;

7. Other duties concerning the safety and health of the relevant work prescribed by Ordinance of the Ministry of Employment and Labor.

(2) Article 14 (2) shall apply mutatis mutandis to the support for supervisors. In such cases, “person in charge of safety and health management” shall be construed as “supervisor”, and “Article 15 (1) of the Act” as “paragraph (1)”.

Article 17 (Safety Officers)

(1) A business owner shall have a person at the place of business to assist him or her or a person in charge of safety and health management regarding technical matters related to safety, among the matters prescribed in the subparagraphs of Article 15 (1), as well as to provide guidance and advice to a supervisor (hereinafter referred to as “safety officer”).

(2) The type of business and the number of regular workforce at a place of business required to have a safety officer; the number, qualifications, duties, authority, and appointment method of safety officers; and other necessary matters shall be prescribed by Presidential Decree.

(3) Where necessary to prevent industrial accidents and where any of the reasons prescribed by Ordinance of the Ministry of Employment and Labor exists, the Minister of Employment and Labor may order a business owner to increase the number of safety officers to at least the number prescribed by Presidential Decree pursuant to paragraph (2) or to replace them.

(4) A business owner who engages in the type of business and has regular workforce at the place of business in the number as prescribed by Presidential Decree may entrust the duties of a safety officer to an institution specializing in performing safety management business designated under Article 21 (hereinafter referred to as "specialized safety management institution").

Enforcement Ordinance

Article 16 (Appointment of Safety Officers)

(1) The types of business and the number of full-time employees at a place of business required to have a safety officer under Article 17 (1) of the Act, the number of safety officers, and the method of appointing safety officers are as specified in attached Table 3.

(2) From among businesses falling under paragraph (1), a place of business with at least 300 full-time employees [in cases of construction business, referring to a place of business with the amount of construction works of at least 12 billion won (15 billion won in cases of civil engineering works referred to in subparagraph 1 of the construction business category executing general construction works prescribed in attached Table 1 of the Enforcement Decree of the Framework Act on the Construction Industry)] shall appoint a safety officer exclusively in charge of the duties stipulated in the subparagraphs of Article 18 (1) of the Act.

(3) In applying paragraphs (1) and (2) to businesses referred to in Article 52, the amount of the contracted construction works which is conducted at the place of business of a contractee or the full-time employees of a relevant contractor shall be deemed the amount of construction works or the full-time employees of the relevant business: Provided, That this shall not apply to the amount of contracted construction works or the full-time employees of a relevant contractor falling under the criteria prescribed in attached Table 3.

(4) Notwithstanding paragraph (1), where at least two places of business run by the same business owner fall under any of the following cases, one joint safety officer may be assigned to the said places of business. In such cases, the total number of full-time employees at the relevant places of business shall not exceed 300 [in cases of construction business, the total amount of construction works shall be up to 12 billion won (15 billion won in cases of civil engineering works referred to in subparagraph 1 of the construction business category executing general construction works prescribed in attached Table 1 of the Enforcement Decree of the Framework Act on the Construction Industry)]:

1. Where such places of business are located in the same Si/Gun/Gu (referring to an autonomous Gu);

2. Where such places of business are located within 15 kilometers from the boundary of each place of business.

(5) Notwithstanding paragraphs (1) through (3), where a contractee appoints a safety officer in exclusive charge of safety management for employees of a relevant contractor performing contracted works in a business place of the contractee, as prescribed by Ordinance of the Ministry of Employment and Labor, the relevant contractor of the contracted works may not appoint a safety officer for the relevant contracted works.

(6) Where any business owner appoints a safety officer or entrusts the business affairs of a safety officer to a specialized safety management institution under Article 17 (5) of the Act, he or she shall submit a document attesting such appointment or entrustment to the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor, within 14 days from the date of such appointment or entrustment. The same shall also apply where a safety officer is additionally appointed or replaced pursuant to Article 17 (5) of the Act.

Enforcement Ordinance

Article 17 (Qualifications for Safety Officers)

The qualifications for safety officers are as specified in attached Table 4.

Enforcement Ordinance

Article 19 (Entrustment of Duties of Safety Officers)

(1) “Place of business corresponding to the types of business and the number of full-time employees at a place of business prescribed by Presidential Decree” in Article 17 (5) of the Act means places of businesses, except for construction business, with less than 300 full-time employees.

(2) Where any business owner entrusts the duties of a safety officer to a specialized safety management institution under Article 17 (5) of the Act and paragraph (1) of this Article, such specialized safety management institution shall be deemed a safety officer.

Article 18 (Health Officers)

(1) A business owner shall have a person at the place of business to assist him or her or a person in charge of safety and health management regarding technical matters related to health, among the matters prescribed in the subparagraphs of Article 15 (1), as well as to provide guidance and advice to a supervisor (hereinafter referred to as “health officer”).

(2) The type of business and the number of regular workforce at a place of business required to have a health officer; the number, qualifications, duties, authority, and appointment method of health officers; and other necessary matters shall be prescribed by Presidential Decree.

(3) Where necessary to prevent industrial accidents and where any of the reasons prescribed by Ordinance of the Ministry of Employment and Labor exists, the Minister of Employment and Labor may order a business owner to increase the number of health officers to at least the number prescribed by Presidential Decree pursuant to paragraph (2) or to replace them.

(4) A business owner who engages in the type of business and has regular workforce at the place of business in the number as prescribed by Presidential Decree may entrust the duties of a health officer to an institution specializing in performing health management business designated under Article 21 (hereinafter referred to as "specialized health management institution").

Enforcement Ordinance

Article 20 (Appointment of Health Officers)

(1) The types of business and the number of full-time employees at a place of business required to have a health officer under Article 18 (1) of the Act, the number of health officers, and the method of appointing health officers are as specified in attached Table 5.

(2) A health officer of a business and a place of business prescribed in paragraph (1) shall take exclusive charge of only the duties prescribed in Article 22 (1) of the Act at the relevant place of business: Provided, That a health officer at a place of business with less than 300 full-time employees may concurrently engage in other business affairs to the extent not interfering with the duties prescribed in the subparagraphs of Article 22 (1).

(3) Article 16 (3) through (6) shall apply mutatis mutandis to appointing, etc. health officers. In such cases, “attached Table 3” shall be construed as “attached Table 5,” “safety officer” as “health officer,” “safety management” as “health management,” “Article 17 (5) of the Act” as “Article 18 (5) of the Act,” and “specialized safety management institution” as “specialized health management institution,” respectively.

Enforcement Ordinance

Article 21 (Qualifications for Health Officers)

The qualifications for health officers are as specified in attached Table 6.

Enforcement Ordinance

Article 23 (Entrustment of Duties of Health Officers)

(1) Specialized health management institutions entitled to be entrusted with the business affairs of health officers under Article 18 (5) of the Act may be categorized into specialized health management institutions by region and specialized health management institutions by industry or by harmful factor.

(2) “Places of business corresponding to the types of business and the number of full-time employees at a place of business prescribed by Presidential Decree” in Article 18 (5) of the Act means any of the following:

1. A place of business (in cases of specialized health management institutions by industry or by harmful factor, referring to businesses prescribed by Ordinance of the Ministry of Employment and Labor), other than construction business, with less than 300 full-time employees;

2. A business located in a remote area determined by the Minister of Employment and Labor.

(3) Articles 19 (2) shall apply mutatis mutandis to the entrustment of the duties of health officers. In such cases, “Article 17 (5) of the Act and paragraph (1) of this Article” shall be construed as “Article 18 (5) of the Act and paragraph (2) of this Article,” “safety officer” as “health officer,” and “specialized safety management institutions” as “specialized health management institutions".

Article 19 (Safety and Health Managers)

(1) A business owner shall have a person at the place of business to assist him or her regarding safety and health as well as to provide guidance and advice to a supervisor (hereinafter referred to as “safety and health manager”): Provided, That the foregoing shall not apply where a safety officer or health officer is assigned or where it is required to have a safety officer or health officer.

(2) The type of business and the number of regular workforce at a place of business required to have a safety and health manager; the number, qualifications, duties, authority, and appointment method of a safety and health manager; and other necessary matters shall be prescribed by Presidential Decree.

(3) Where necessary to prevent industrial accidents and where any of the reasons prescribed by Ordinance of the Ministry of Employment and Labor exists, the Minister of Employment and Labor may order a business owner to increase the number of safety and health managers to at least the number prescribed by Presidential Decree pursuant to paragraph (2) or to replace them.

(4) A business owner who engages in the type of business and has regular workforce at the place of business in the number as prescribed by Presidential Decree may entrust the duties of a safety and health manager to a specialized safety management institution or specialized health management institution.

Enforcement Ordinance

Article 24 (Appointment of Safety and Health Managers)

(1) Pursuant to Article 19 (1) of the Act, a business owner whose business falls under any of the following subparagraphs shall appoint at least one safety and health manager for a place of business with at least 20 but less than 50 full-time employees:

1. Manufacturing business;

2. Forestry;

3. Business of sewage, waste water and excreta disposal;

4. Business of waste collection, transportation, and disposal, and raw material recycling;

5. Business of environment purification and restoration.

(2) A safety and health manager shall be an employee belonging to the relevant place of business and shall meet any of the following requirements:

1. To be qualified as a safety officer under Article 17;

2. To be qualified as a health officer under Article 21;

3. To complete education on safety and health determined and publicly notified by the Minister of Employment and Labor.

(3) A safety and health manager may concurrently perform other duties to the extent not hindering his or her performing the duties prescribed in each subparagraph of Article 25.

(4) Where a business owner appoints a safety and health manager pursuant to paragraph (1), he or she shall keep documents verifying such appointment and the performance by such person of the duties prescribed in each subparagraph of Article 25.

Enforcement Ordinance

Article 26 (Entrustment of Duties of Safety and Health Managers)

(1) “Places of business corresponding to the types of business and the number of full-time employees at a place of business prescribed by Presidential Decree” in Article 19 (4) of the Act means a place of business required to appoint a safety and health manager pursuant to Article 24 (1) of the Act.

(2) Articles 19 (2) shall apply mutatis mutandis to the entrustment of the duties of safety and health managers. In such cases, “Article 17 (5) of the Act and paragraph (1) of this Article” shall be construed as “Article 19 (4) of the Act and paragraph (1) of this Article,” “safety officer” as “safety and health manager,” and “specialized safety management institutions” as “specialized safety management institutions or specialized health management institutions".

Article 20 (Guidance and Advice of Safety Officers)

Where any of the following persons provides guidance or advice regarding technical matters related to safety or health, among the matters prescribed in the subparagraphs of Article 15 (1), a business owner, a person in charge of safety and health management, and a supervisor shall take appropriate measures in response thereto:

1. A safety officer;

2. A health officer;

3. A safety and health manager;

4. A specialized safety management institution or specialized health management institution (applicable only where it is entrusted with the relevant duties).

Article 21 (Specialized Safety Management Institutions)

(1) Any person intending to become a specialized safety management institution or specialized health management 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) The Minister of Employment and Labor may evaluate specialized safety management institutions or specialized health management institutions and publish the results of such evaluation. 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.

(3) The procedures for designating specialized safety management institutions or specialized health management institutions; matters regarding the performance of their duties; the area where entrusted duties may be performed; and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.

(4) If a specialized safety management institution or specialized health management institution falls under any of the following, the Minister of Employment and Labor may revoke its designation or order it to suspend its business for a specified period not exceeding six months: Provided, That in cases falling under subparagraph 1 or 2, its designation shall be revoked:

1. Where it is designated by fraud or other improper means;

2. Where it continues its business during the period of business suspension;

3. Where it ceases to meet any of the requirements for designation prescribed in paragraph (1);

4. Where it performs any of its business violating any of the terms and conditions of designation;

5. Where any other ground prescribed by Presidential Decree exists.

(5) No person whose designation is revoked under paragraph (4) shall be designated as a specialized safety management institution or specialized health management institution for two years from the date of such revocation.

Enforcement Ordinance

Article 27 (Requirements for Designation of Specialized Safety Management Institutions)

(1) A person who may be designated as a specialized safety management institution pursuant to Article 21 (1) of the Act shall be any of the following persons meeting the requirements for human resources, facilities, and equipment prescribed in attached Table 7:

1. An occupational safety instructor registered pursuant to Article 145 (1) of the Act (excluding an occupational safety instructor for construction safety);

2. A corporation that intends to provide safety management services.

(2) A person who may be designated as a specialized health management institution pursuant to Article 21 (1) of the Act shall be any of the following persons meeting the requirements for human resources, facilities, and equipment prescribed in attached Table 8:

1. An occupational health instructor registered pursuant to Article 145 (1) of the Act;

2. An institution affiliated with the State or a local government;

3. A general hospital or hospital prescribed in the Medical Service Act;

4. A university or college, or its affiliated institutions referred to in subparagraphs 1 through 6 of Article 2 of the Higher Education Act;

5. A corporation that intends to provide health management services.

Enforcement Ordinance

Article 28 (Grounds for Revocation of Designation of Specialized Safety Management Institutions)

“Where any other ground prescribed by Presidential Decree exists” in Article 21 (4) 5 of the Act means any of the following cases:

1. Where falsely preparing documents related to safety management or health management services;

2. Where refusing to be entrusted with safety management or health management services without good cause;

3. Where sabotaging or neglecting the entrusted safety management or health management services;

4. Where receiving entrustment fees without providing safety management or health management services;

5. Where failing to preserve documents kept in relation to safety management or health management services;

6. Where receiving money or goods in addition to payments for safety management or health management services;

7. Where refusing, obstructing or evading guidance or supervision of related public officials provided under the Act.

Enforcement Ordinance

Article 40 (Registration of Safety and Health Educational Institutions and Revocation Thereof)

(1) An entity who intends to be registered as a safety and health educational institution for safety and health education prescribed in Article 29 (1) through (3) of the Act (hereinafter referred to as “employee safety and health educational institution”) pursuant to the former part of Article 33 (1) of the Act shall be a juristic person or, a school defined in Article 2 of the Higher Education Act in which a department related to occupational safety and health is established, and shall meet the standards for human resources, facilities and equipment specified in attached Table 10.

(2) An entity who intends to be registered as a safety and health educational institution for safety and health education referred to in the main clause of Article 31 (1) of the Act pursuant to the former part of Article 33 (1) of the Act shall be a juristic person or, a school defined in Article 2 of the Higher Education Act in which a department related to occupational safety and health is established, and shall meet standards for human resources, facilities and equipment specified in attached Table 11.

(3) Each of the following entities shall be eligible to be registered as a safety and health educational institution for safety and health education referred to in the main clause, with the exception of the subparagraphs, of Article 32 (1) of the Act (hereinafter referred to as “safety and health educational institution”) pursuant to the former part of Article 33 (1) of the Act:

1. The Korea Occupational Safety and Health Agency established under the Korea Occupational Safety and Health Agency Act (hereinafter referred to as the “Agency”);

2. Any of the following entities that meet the standards for human resources, facilities and equipment specified in attached Table 12:

(a) A school defined in Article 2 of the Higher Education Act in which a department related to occupational safety and health is established;

(b) A non-profit corporation.

(4) “Important registered matters prescribed by Presidential Decree” in the latter part of Article 33 (1) of the Act means each of the following matters:

1. The name of an educational institution (business name);

2. The location of an educational institution;

3. The name of a representative.

(5) “Any other ground prescribed by Presidential Decree” in Article 21 (4) 5 of the Act which, pursuant to Article 33 (4) of the Act, shall apply mutatis mutandis to safety and health educational institutions referred to in paragraphs (1) through (3) means any of the following:

1. Falsely preparing a document related to the education;

2. Refusing to provide the education without good cause;
3. Receiving fees without providing the education;

4. Failing to follow the curriculum or method of the education prescribed in Article 29 (1) through (3) of the Act; the main clause of Article 31 (1); or the main clause, with the exception of the subparagraphs, of Article 32 (1).

Enforcement Ordinance

Article 48 (Grounds for Revocation of Designation of Safety and Health Checkup Institutions)

“Where any other ground prescribed by Presidential Decree exists” in Article 21 (4) 5 of the Act, which is applied mutatis mutandis under Article 48 (4) of the Act, means the following cases:

1. Where falsely preparing documents related to a safety and health checkup;

2. Where refusing to be entrusted with safety and health checkup services without good cause;

3. Where having any person failing to meet the human resources requirements referred to in Article 47 perform safety and health checkup services;

4. Where receiving entrustment fees without providing safety and health checkup services;

5. Where failing to preserve documents kept in relation to safety and health checkup services;

6. Where receiving money or goods in addition to payments for safety and health checkup services;

7. Where refusing, obstructing or evading guidance or supervision of related public officials provided under the Act.

Enforcement Ordinance

Article 62 (Application for Designation as Specialized Guidance Institutions for Construction Accident Prevention)

(1) Any person intending to be designated as a specialized guidance institution for construction accident prevention under Article 74 (1) of the Act shall submit an application for designation as a specialized guidance institution for construction accident prevention to the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor.

(2) The re-issuance of a certificate of designation as a specialized guidance institution for construction accident prevention, and other necessary details shall be determined by Ordinance of the Ministry of Employment and Labor.

(3) “Any other ground prescribed by Presidential Decree” in Article 21 (4) 5 of the Act, which is applied mutatis mutandis pursuant to Article 74 (4) of the Act, means any of the following:

1. Where falsely preparing documents related to guidance services;

2. Where refusing to provide guidance services without good cause;

3. Where neglecting or sabotaging guidance services;

4. Where failing to comply with the contents of guidance services, subject matters subject to guidance, or method of providing guidance specified in attached Table 18;

5. Where failing to enter the results of providing guidance more than three times in the computer system determined by the Minister of Employment and Labor after conducting guidance;

6. Where failing to preserve documents kept in relation to guidance services;

7. Where refusing, obstructing or evading guidance or supervision of related public officials provided under the Act.

Enforcement Ordinance

Article 73 (Grounds for Revoking Registration of Business of Installing and Dismantling Tower Cranes)

“Where any other ground prescribed by Presidential Decree exists” in Article 21 (4) 5 of the Act, which is applied mutatis mutandis under Article 82 (4) of the Act means any of the following cases:

1. Where the person is sentenced to a fine or imprisonment without labor or greater punishment for failing to implement safety measures prescribed in Article 38 of the Act;

2. Where refusing, obstructing or evading guidance or supervision of related public officials provided under the Act.

Enforcement Ordinance

Article 76 (Grounds for Revocation of Designation of Safety Certification Institution)

“Where any other ground prescribed by Presidential Decree exists” in Article 21 (4) 5 of the Act, which is applied mutatis mutandis under Article 48 (5) of the Act, means the following cases:

1. Where an institution falsely prepares documents related to safety certification;

2. Where an institution refuses to provide safety certification services without good cause;

3. Where an institution neglects or sabotages safety certification services;

4. Where an institution violates the methods or procedures for safety certification or verification;

5. Where refusing, obstructing or evading guidance or supervision of related public officials provided under the Act.

Enforcement Ordinance

Article 80 (Grounds for Revocation of Designation of Safety Inspection Institutions)

“Where any other ground prescribed by Presidential Decree exists” in Article 21 (4) 5 of the Act, which is applied mutatis mutandis under Article 96 (5) of the Act means the following cases:

1. Where an institution falsely prepares documents related to safety inspection;

2. Where an institution refuses to provide safety inspection services without good cause;

3. Where an institution neglects or sabotages safety inspection services;

4. Where an institution violates the methods or procedures for safety inspection or verification;

5. Where refusing, obstructing or evading guidance or supervision of related public officials provided under the Act.

Enforcement Ordinance

Article 82 (Grounds for Revocation of Designation of Voluntary Safety Inspection Institutions)

“Where any other ground prescribed by Presidential Decree exists” in Article 21 (4) 5 of the Act, which is applied mutatis mutandis under Article 100 (4) of the Act means any of the following cases:

1. Where an institution falsely prepares documents related to inspections;

2. Where an institution refuses to be entrusted with inspection services without good cause;

3. Where an institution receives entrustment fees without conducting inspections;

4. Where an institution omits any item subject to inspection or fails to observe the method for inspections;

5. Where an institution fails to observe the guidelines for determining outcomes of an inspection or fails to present an opinion on safety measures according to the results of an inspection.

Enforcement Ordinance

Article 91 (Grounds for Revocation of Designation of Asbestos Inspection Institutions)

“Where any other ground prescribed by Presidential Decree exists” in Article 21 (4) 5 of the Act, which is applied mutatis mutandis under Article 120 (5) of the Act, means the following cases:

1. Where an institution falsely prepare documents with regard to an asbestos inspection conducted by a designated institute prescribed in Article 119 (2) of the Act or asbestos concentration in the air prescribed in Article 124 (1) of the Act;

2. Where an institution refuses to provide asbestos inspection services without good cause;

3. Where an institution instructs any person failing to meet the human resources requirements referred to in Article 90 to perform asbestos inspection services;

4. Where an institution violates the inspection methods or other relevant matters prescribed by Ordinance of the Ministry of Employment and Labor prescribed in Article 119 (5) of the Act;

5. Where an institution fails to undergo an evaluation conducted by the Minister of Employment and Labor with regard to its capability to perform asbestos inspections as an asbestos inspection institution pursuant to Article 120 (2) of the Act or fails to pass such evaluation;

6. Where an institution instructs a person not qualified under Article 124 (2) of the Act to measure the asbestos concentration;

7. Where an institution violates the method for measuring asbestos concentration prescribed in 124 (2) of the Act;

8. Where refusing, obstructing or evading guidance or supervision of related public officials provided under the Act.

Enforcement Ordinance

Article 93 (Grounds for Revocation of Registration of Asbestos Dismantlers or Removers)

“Where any other ground prescribed by Presidential Decree exists” in Article 21 (4) 5 of the Act, which is applied mutatis mutandis under Article 121 (4) of the Act, means the following cases:

1. Where an asbestos dismantler or remover prepares documents prescribed in Article 122 (3) of the Act by fraud or other improper means;

2. Where an asbestos dismantler or remover fails to comply with the obligation to file a report (excluding reports on modified matters) or preserve documents prescribed in Article 122 (3) of the Act;

3. Where an asbestos dismantler or remover is sentenced to a fine or imprisonment without labor or greater punishment due to its failure to meet the standards for asbestos dismantling or removal works prescribed by Ordinance of the Ministry of Employment and Labor under Article 123 (1) of the Act;

4. Where refusing, obstructing or evading guidance or supervision of related public officials provided under the Act.

Enforcement Ordinance

Article 96 (Grounds for Revocation of Designation of Working Environment Measurement Institutions)

“Where any other ground prescribed by Presidential Decree exists” in Article 21 (4) 5 of the Act, which is applied mutatis mutandis under Article 126 (5) of the Act, means the following cases:

1. Where an institution prepares false documents concerning working environment measurement;

2. Where an institution refuses to provide working environment measurement services without good cause;

3. Where an institution causes disruption to the entrusted working environment measurement services;

4. Where an institution violates the methods, etc. of working environment measurement determined by Ordinance of the Ministry of Employment and Labor pursuant to Article 125 (8) of the Act;

5. Where an institution fails to undergo evaluation of its capability to measure and analyze working environments conducted by the Minister of Employment and Labor pursuant to Article 126 (2) of the Act for at least one year, or it fails to pass such evaluation;

6. Where an institution fails to preserve documents kept in relation to working environment measurement services;

7. Where refusing, obstructing or evading guidance or supervision of related public officials provided under the Act.

Enforcement Ordinance

Article 98 (Grounds for Revocation of Designation of Special Health Examination Institutions)

"Where any other ground prescribed by Presidential Decree exists" in Article 21 (4) 5 of the Act, which is applied mutatis mutandis pursuant to Article 135 (6) of the Act, means the following cases:

1. Where an institution omits any of the health examination items prescribed by Ordinance of the Ministry of Employment and Labor, or fails to comply with the methods and procedures for health examinations in performing the examinations;

2. Where an institution solicits health examinations by reducing expenses for health examinations prescribed by Ordinance of the Ministry of Employment and Labor or unfairly collects health examination expenses;

3. Where an institution is determined unsuitable in the assessment of its capability to perform health examination and analysis conducted by the Minister of Employment and Labor pursuant to Article 135 (3) of the Act;

4. Where an institution falsely determines the findings of a health examination or falsely prepares health examination-related documents, including individual health examination tables prescribed by Ordinance of the Ministry of Employment and Labor;

5. Where any person who has no qualification or fails to meet the standards for designation of a special health examination prescribed in Article 97 performs a health examination;

6. Where an institution refuses to perform a health examination or suspends a health examination without good cause;

7. Where an institution refuses to undergo the evaluation of a special health examination institution prescribed in Article 135 (4) of the Act without good cause;

8. Where refusing, obstructing or evading guidance or supervision of related public officials provided under the Act.

Enforcement Ordinance

Article 100 (Grounds for Revocation of Designation of Educational Institutions)

"Where any other ground prescribed by Presidential Decree exists" in Article 21 (4) 5 of the Act, which is applied mutatis mutandis pursuant to Article 140 (4) of the Act, means the following cases:

1. Where an institution falsely prepares documents related to education;

2. Where an institution refuses to provide education to a particular person without good cause;

3. Where an institution suspends its service for at least one month without good cause, causing disruption to the education services entrusted to it;

4. Where an institution fails to preserve documents kept in relation to education services;

5. Where an institution receives money or goods other than fees, etc. for education services;

6. Where refusing, obstructing or evading guidance or supervision of related public officials provided under the Act.

Article 22 (Occupational Medicine Physicians)

(1) A business owner shall assign an occupational medicine physician to the place of business for providing guidance on health management of employees and the duties of health officers: Provided, That the foregoing shall not apply where a physician defined in Article 2 of the Medical Service Act is assigned as a health officer.

(2) The type of business and the number of regular workforce at a place of business required to have an occupational medicine physician referred to in paragraph (1) (hereinafter referred to as “occupational medicine physician”); the qualifications, duties, authority, and appointment method of an occupational medicine physician; and other necessary matters shall be prescribed by Presidential Decree.

Enforcement Ordinance

Article 29 (Appointment of Occupational Health Doctors)

(1) The types of business and places of business required to have an occupational health doctor under Article 22 (1) of the Act shall be those required to have a health officer under Article 20 and attached Table 5 that have at least 50 full-time employees: Provided, That this shall not apply to any of the following cases:

1. Where a medical doctor is appointed as a health officer;

2. Where the duties of a health officer are entrusted to a specialized health management institution pursuant to Article 18 (5) of the Act.

(2) An occupational health doctor may be commissioned from among outside experts.

(3) Where a business owner appoints or commissions an occupational health doctor pursuant to paragraph (1) or (2), the business owner shall submit to the Minister of Employment and Labor documents attesting such fact within 14 days after the date of appointment or commission, as prescribed by Ordinance of the Ministry of Employment and Labor.

(4) The number of places of business and the number of employees to be managed by an occupational health doctor commissioned pursuant to paragraph (2), and other necessary details shall be prescribed by the Minister of Employment and Labor.

Article 23 (Honorary Occupational Safety Inspectors)

(1) The Minister of Employment and Labor may appoint an honorary occupational safety inspector from among employees, or persons affiliated with organizations of employees, organizations of business owners, or agencies specializing in preventing industrial accidents, to promote participation in and support activities for preventing industrial accidents.

(2) No business owner shall treat an honorary occupational safety inspector referred to in paragraph (1) (hereinafter referred to as “honorary occupational safety inspector”) unfavorably by reason of his or her performing duties.

(3) The method of appointing honorary occupational safety inspectors, their duties, and other necessary matters shall be prescribed by Presidential Decree.

Enforcement Ordinance

Article 32 (Commissioning Honorary Occupational Safety Inspectors)

(1) The Minister of Employment and Labor may commission honorary occupational safety inspectors referred to in Article 23 (1) of the Act (hereinafter referred to as "honorary occupational safety inspector") among the following persons:

1. Persons recommended by the representative of employees (if an affiliated labor association of a unit trade union is organized at a place of business by a majority of the employees of the place of business, referring to the representative of such affiliated labor association, whether it is called branch, chapter, or otherwise; hereinafter the same shall apply), upon considering a business owner's opinion, from among the employees of a business required to organize an industrial safety and health committee or the employees of construction works required to organize and operate a labor-management council;

2. Persons recommended by a labor union, which is an associated organization, or a regional representative body as referred to in Article 10 of the Trade Union and Labor Relations Adjustment Act, from among the executives and employees of the labor union or the regional representative body;

3. Persons recommended by a nationwide organization of employers or its affiliated organization, from among the executives and employees of such organization or affiliated organization;

4. Persons recommended by an organization engaged in business affairs related to industrial accident prevention or its affiliated organization, from among the executives and employees of such organization or affiliated organization.

(2) The services of honorary occupational safety inspectors are as follows. In such cases, the scope of services of honorary occupational safety inspectors commissioned pursuant to paragraph (1) 1 shall be limited to the services (excluding cases prescribed in subparagraph 8) in the relevant place of business, and that of services of honorary occupational safety inspectors commissioned pursuant to paragraph (1) 2 through 4 shall be limited to the services listed in subparagraphs 8 through 10:

1. Participating in a self-inspection conducted in a place of business and participating in the supervision of a place of business conducted by a labor inspector referred to in Article 101 of the Labor Standards Act (hereinafter referred to as “labor inspector”);

2. Participating in the formulation of an industrial accident prevention plan for a place of business and being present at the self-inspection of machinery and apparatus conducted in a place of business;

3. Requesting improvement measures to a business owner and report to the supervisory organ in cases of a violation of statutes or regulations;

4. Requesting a business owner to suspend working when an industrial accident seems imminent;

5. Being present during working environment measurement and health examinations of employees, and attending the meetings for explaining the results;

6. Requesting a business owner to conduct a provisional health examination if there are multiple employees showing symptoms of occupational diseases or having fallen ill;

7. Guiding employees on observing safety rules;

8. Recommending the improvement of statutes and regulations and industrial accident prevention policies;

9. Participating in and supporting activities for raising awareness of safety and health, etc.;

10. Other services determined by the Minister of Employment and Labor in connection with industrial accident prevention services, such as publicity campaigns on industrial accident prevention.

(3) The term of office of an honorary occupational safety inspector shall be two years, and he or she may be reappointed.

(4) The Minister of Employment and Labor may pay allowances, etc., to honorary occupational safety inspectors to assist their activities.

(5) Except as provided in paragraphs (1) through (4), necessary matters for the commission, management, etc., of honorary occupational safety inspectors shall be prescribed by the Minister of Employment and Labor.

Article 24 (Occupational Safety and Health Committee)

(1) To deliberate on and determine important matters concerning safety and health at the place of business, a business owner shall establish and operate an occupational safety and health committee comprised of an equal number of members representing the employees and the employer.

(2) A business owner shall have the following matters deliberated on and decided by an occupational safety and health committee referred to in paragraph (1) (hereinafter referred to as “occupational safety and health committee”):

1. Matters prescribed in Article 15 (1) 1 through 5 and 7;

2. Matters concerning serious accidents, among the matters prescribed in Article 15 (1) 6;

3. Matters concerning measures to ensure safety and health where hazardous or risky machinery, apparatus, and other equipment are introduced;

4. Other matters necessary to maintain and promote the safety and health of employees at the relevant place of business.

(3) An occupational safety and health committee shall hold its meetings as prescribed by Presidential Decree and shall record in the minutes and retain the results of the meetings.

(4) Business owners and employees shall faithfully implement the matters deliberated on and decided by an occupational safety and health committee under paragraph (2).

(5) No deliberation and decision by an occupational safety and health committee shall breach this Act or any order issued under this Act, a collective agreement, employment rules, or safety and health management regulations referred to in Article 25.

(6) No business owner shall treat any member of an occupational safety and health committee unfavorably by reason of his or her performing duties.

(7) The type of business and the number of regular workforce at a place of business required to establish an occupational safety and health committee; the composition and operation of an occupational safety and health committee; the methods for handling cases where no decision is reached; and other necessary matters shall be prescribed by Presidential Decree.

Enforcement Ordinance

Article 34 (Those Obliged to Establish Occupational Safety and Health Committee)

The types of business and the number of full-time employees at a place of business required to establish an occupational safety and health committee pursuant to Article 24 (1) of the Act are as listed in attached Table 9.

Enforcement Ordinance

Article 37 (Meetings of Occupational Safety and Health Committees)

(1) Meetings of an occupational safety and health committee shall be classified into regular meetings and special meetings pursuant to Article 24 (3) of the Act; and a regular meeting shall be convened by the chairperson of an occupational safety and health committee on a quarterly basis, while a special meeting shall be convened by the chairperson whenever deemed necessary.

(2) A majority of the members representing employees and the members representing employers, respectively, shall constitute a quorum, and any decision thereof shall require the concurring vote of at least a majority of those present.

(3) Where the representative of employees, an honorary occupational safety inspector, the representative of a relevant business, a safety officer or a health officer is unable to attend a meeting, he or she may designate one person from among those engaged in the relevant business to act for him or her.

(4) An occupational safety and health committee shall prepare and keep minutes containing the following matters:

1. The date, time and venue of session;

2. The number of members present;

3. Details of deliberation, resolutions and decisions;

4. Other matters discussed.

Article 25 (Preparation of Safety and Health Management Regulations)

(1) To maintain safety and health in the place of business, a business owner shall prepare safety and health management regulations which include the following matters:

1. Matters concerning a safety and health management organization and its duties;

2. Matters concerning safety and health education;

3. Matters concerning safety and health management in the workplace;

4. Matters concerning accident investigation and formulating measures for preventing accidents;

5. Other matters concerning safety and health.

(2) No safety and health management regulations referred to in paragraph (1) (hereinafter referred to as “safety and health management regulations”) may be contrary to a collective agreement or employment rules. In such cases, with respect to any provisions of the safety and health management regulations that are contrary to the collective agreement or employment rules, the standards prescribed by the collective agreement or employment rules shall apply.

(3) The type of business and the number of regular workforce at a place of business required to prepare safety and health management regulations; details to be included in safety and health management regulations; and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.

Article 26 (Procedures for Preparing and Amending Safety and Health Management Regulations)

Where a business owner prepares or amends safety and health management regulations, he or she shall have such regulations deliberated on and decided by the occupational safety and health committee: Provided, That in cases of a place of business where no occupational safety and health committee is established, a business owner shall obtain consent from the representative of the employees.

Article 27 (Compliance with Safety and Health Management Regulations)

Business owners and employees shall comply with safety and health management regulations.

Article 28 (Application Mutatis Mutandis of Other Statutes)

Except as provided in this Act, the provisions of the Labor Standards Act concerning employment rules shall apply mutatis mutandis to health and safety management regulations, unless inconsistent therewith.

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

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