OCCUPATIONAL SAFETY AND HEALTH ACT [See entire ACT]
CHAPTER Ⅴ Health Management of Workers
- Article 58 (Prohibition of Contracts for Hazardous Work)
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(1) No business owner shall award a contract for any of the following work, deemed hazardous or dangerous to the safety and health of employees, and have employees of a contractor conduct such work at his or her place of business:
1. Plating work;
2. Smelting, injecting, processing, and heating mercury, lead, or cadmium;
3. Manufacturing or using substances subject to permission prescribed in Article 118 (1).
(2) Notwithstanding paragraph (1), a business owner may award a contract for any work prescribed in the subparagraphs of paragraph (1) and have employees of a contractor conduct such work at his or her place of business in any of the following cases:
1. Where a business owner awards a contract for such work temporarily or intermittently;
2. Where the technology possessed by a contractor is professional and indispensable for the operation of business by a business owner (referring to a business owner as a contractee who has awarded a contract to a contractor) and approval of the Minister of Employment and Labor is obtained.
(3) Where a business owner intends to obtain approval from the Minister of Employment and Labor pursuant to paragraph (2) 2, he or she shall undergo an evaluation on safety and health conducted by the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor.
(4) The term of validity of approval referred to in paragraph (2) 2 shall be determined to be a period of up to three years.
(5) Where a business owner applies for an extension of the term of validity of approval referred to in paragraph (4) upon its expiration, the Minister of Employment and Labor may grant approval to extend such term of validity by up to three years from the date following the expiration of the term of validity, as prescribed by Ordinance of the Ministry of Employment and Labor. In such cases, the business owner shall undergo an evaluation on safety and health under paragraph (3).
(6) Where a business owner intends to change any of the matters prescribed by Ordinance of the Ministry of Employment and Labor, among the matters approved under paragraph (2) 2 or (5), he or she shall obtain approval for such change, as prescribed by Ordinance of the Ministry of Employment and Labor.
(7) Where any person who has obtained approval, approval for extension, or approval for change pursuant to paragraph (2) 2, (5), or (6) ceases to meet the standards prescribed in paragraph (8), the Minister of Employment and Labor shall revoke the relevant approval, approval for extension, or approval for change.
(8) The standards, procedures, and methods for approval, approval for extension, or approval for change prescribed in paragraph (2) 2, (5), or (6), and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.
- Article 59 (Approval of Contracts)
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(1) Where a business owner intends to award a contract for any work prescribed by Presidential Decree to be conducted at his or her place of business, such as the handling of substances with risks of acute toxicity, skin corrosion, etc. among the works hazardous or dangerous to safety and health, he or she shall obtain approval from the Minister of Employment and Labor. In such cases, a business owner shall undergo an evaluation on safety and health, as prescribed by Ordinance of the Ministry of Employment and Labor.
(2) Article 58 (4) through (8) shall apply mutatis mutandis to approval referred to in paragraph (1).
Enforcement Ordinance
- Article 51 (Tasks Subject to Approval of Contracts)
“Tasks prescribed by Presidential Decree such as handling of substances with risks of acute toxicity, skin corrosion, etc.” in the former part of Article 59 (1) of the Act means any of the following:
1. Remodeling, disassembling, dismantling, or demolishing facilities handling materials containing at least one percent by weight of sulfuric acid, hydrogen fluoride, nitric acid or hydrogen chloride, or any task performed inside such facilities: Provided, That this shall not apply where a contractor removes all the relevant chemical substances and reports it to the Minister of Employment and Labor with evidential documents attached;
2. Other tasks determined by the Minister of Employment and Labor after deliberation by the Industrial Accident Compensation Insurance and Prevention Deliberation Committee established under Article 8 (1) of the Industrial Accident Compensation Insurance Act (hereinafter referred to as "Industrial Accident Compensation Insurance and Prevention Deliberation Committee").
- Article 60 (Prohibition of Subcontracting after Obtaining Approval of Contracts)
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With regard to any work for which approval under Article 58 (2) 2, approval for extension or approval for change under paragraph (5) or (6) of that Article (including cases applicable mutatis mutandis under Article 59 (2)), or approval under Article 59 (1) is granted, no contractor contracted to conduct such work shall subcontract it.
- Article 61 (Obligation to Select Qualified Contractors)
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Any business owner shall award a contract for work to another business owner capable of taking measures for preventing industrial accidents.
- Article 62 (Persons in General Charge of Safety and Health)
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(1) Where employees of a relevant contractor work at the place of business of a contractee, the contractee shall designate a person in charge of safety and health management at the place of business as a person in general charge of safety and health to have general supervision and control of the duties for preventing industrial accidents involving his or her employees or employees of the relevant contractor. In such cases, as for a place of business not required to have a person in charge of safety and health management, a person who supervises and manages the business affairs at the relevant place of business shall be designated as a person in general charge of safety and health.
(2) Where a person in general charge of safety and health is designated pursuant to paragraph (1), the relevant place of business shall be deemed to have a general safety manager referred to in Article 64 (1) 1 of the Construction Technology Promotion Act.
(3) The type of business and the number of regular workforce at a place of business required to designate a person in general charge of safety and health referred to in paragraph (1); the duties and authority of a person in general charge of safety and health; and other necessary matters shall be prescribed by Presidential Decree.
Enforcement Ordinance
- Article 52 (Projects Requiring Designation of Persons in General Charge of Safety and Health)
The types of business and the number of full-time employees at a place of business required to designate a person in general charge of health and safety referred to in Article 62 (1) of the Act (hereinafter referred to as “person in general charge of health and safety”) shall be as follows: a business whose full-time employees, including employees employed by a relevant contractor, is at least 100 persons (50 persons in cases of the business of building ships and boats, the business of primary metal industry, and the business of mining earth, sand and stones) or a construction business, the total construction cost of which, including the cost of construction works awarded to relevant contractors, amounts to at least two billion won.
- Article 63 (Safety and Health Measures by Contractees)
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Where employees of a relevant contractor work at the place of business of a contractee, the contractee shall take necessary safety and health measures, such as installing safety and health facilities, to prevent industrial accidents involving his or her employees or employees of the relevant contractor: Provided, That direct measures concerning the work behavior of employees of a relevant contractor, such as instructing the employees to wear protective equipment, shall be excluded herefrom.
Enforcement Ordinance
- Article 10 (Places of Business Subject to Publication)
(1) "Places of Business prescribed by Presidential Decree" in Article 10 (1) of the Act means any of the following places of business:
1. Where the number of fatalities caused by industrial accidents (hereinafter referred to as “accident fatalities”) is at least two per year;
2. Where the death rate per 10,000 (referring to the rate of accident fatalities per 10,000 full-time employees per year) is equal to or greater than the average death rate per 10,000 of the places of business of the same category and scale;
3. Where a serious industrial accident referred to in the former part of Article 44 (1) of the Act occurs;
4. Which conceal any industrial accident, in violation of Article 57 (1) of the Act;
5. Which fail to make a report on any industrial accident prescribed in Article 57 (3) of the Act at least twice in the last three years.
(2) In cases of a place of business falling under any of subparagraphs 1 through 3 of paragraph (1) which serves as a place of business of a relevant contractor, if any employee of the relevant contractor suffers an industrial accident because a contractee referred to in Article 63 of the Act violates the duty to take measures for preventing industrial accidents of employees of the relevant contractor, the number of occurrences of industrial accidents referred to in Article 10 (1) of the Act in a place of business of the contractee (including places prescribed in the subparagraphs of Article 11 that are controlled and managed by the contractee, among the places provided or designated by the contractee; hereinafter the same shall apply) shall also be published.
- Article 64 (Measures for Preventing Industrial Accidents in Contracting)
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(1) A contractee shall take the following measures when employees of a relevant contractor work at his or her place of business:
1. Organizing and operating a council on safety and health consisting of a contractee and a contractor;
2. A routine inspection of the workplace;
3. Supporting safety and health education that a relevant contractor provides to his or her employees pursuant to Article 29 (1) through (3), including providing the place and materials for such education;
4. Verifying the conduct of safety and health education that a relevant contractor provides to his or her employees pursuant to Article 29 (3);
5. Operating a warning system, conducting evacuation drills, etc. in preparation for any of the following cases:
(a) Where explosives are set for blasting at a work site;
(b) Where fire, explosion, collapse of soil, structures, etc., an earthquake, or any other accident occurs at a work site;
6. Providing places necessary to install facilities, etc. prescribed by Ordinance of the Ministry of Employment and Labor, such as sanitary facilities, or cooperating in the use of sanitary facilities installed by a contractee.
(2) A contractee referred to in paragraph (1) shall conduct regular or occasional safety and health inspection at the workplace, together with his or her employees and employees of a relevant contractor, as prescribed by Ordinance of the Ministry of Employment and Labor.
(3) The composition and operation of a council on safety and health, a routine inspection of the workplace, and the support for safety and health education under paragraph (1), and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.
Enforcement Ordinance
- Article 35 (Composition of Occupational Safety and Health Committee)
(1) The members representing employees of each occupational safety and health committee are as follows:
1. The representative of employees;
2. At least one honorary occupational safety inspector designated by the employees’ representative of a place of business where honorary occupational safety supervisors are commissioned;
3. Up to nine employees of a place of business appointed by the employees’ representative (where any employee is designated as a member under subparagraph 2, the number gained by subtracting the number of such members from nine).
(2) The members representing employers of an occupational safety and health committee are as follows: Provided, That in a place of business whose full-time employees is at least 50 but less than 100, an occupational safety and health committee may be organized, with those falling under subparagraph 5 excluded:
1. The representative of the relevant business (if the same business has a place of business located in a different area, referring to a person in charge of safety and health management of the place of business; hereinafter the same shall apply);
2. One safety officer (limited to a place of business required to appoint a safety officer pursuant to Article 16 (1); in cases of a place of business that entrusts a specialized safety management institution with the duties of a safety officer, referring to a person in charge of that place of business in the said specialized safety management institution);
3. One health officer (limited to a place of business required to appoint a health officer pursuant to Article 20 (1); in cases of a place of business that entrusts a specialized health management institution with the duties of a health officer, referring to a person in charge of that place of business in the said specialized health management institution);
4. An occupational health doctor (limited to where the relevant place of business has appointed an occupational health doctor);
5. Up to nine heads of departments in the relevant place of business, designated by the representative of the relevant business.
(3) Notwithstanding paragraphs (1) and (2), where a contractee for construction works referred to in Article 69 (1) of the Act (hereinafter referred to as “contractee for construction works”) establishes a council on safety and health pursuant to Article 64 (1) 1 of the Act, an occupational safety and health committee may be organized to include the following persons as its member:
1. Members representing employees: The employees’ representative for all projects including contracted and subcontracted works, an honorary occupational safety inspector, and an employee of the relevant place of business who is designated by the employees’ representative;
2. Members representing employers: The representative of a contractee, the representative of each relevant contractor, and a safety officer.
- Article 65 (Provision of Information on Safety and Health by Contractees)
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(1) A person who awards a contract for any of the following work shall provide information on safety and health in writing to a contractor before such work commences to prevent industrial accidents involving employees of the contractor who performs such work, as prescribed by Ordinance of the Ministry of Employment and Labor:
1. Renovating, disassembling, decomposing, or demolishing such facilities as reactors, distillation towers, pipes, or storage tanks prescribed by Ordinance of the Ministry of Employment and Labor, which manufacture, use, transport, or store chemical substances prescribed by Ordinance of the Ministry of Employment and Labor, among hazardous or dangerous chemical substances of an explosive, combustible, inflammable, or toxic nature, or mixtures containing such chemical substances;
2. Work performed inside any facility prescribed in subparagraph 1;
3. Work prescribed by Presidential Decree, which is likely to cause suffocation or collapse.
(2) Where a contractee fails to provide information on safety and health under paragraph (1) before the relevant work commences, a contractor may request the provision of such information.
(3) A contractee shall verify whether a contractor has taken necessary safety and health measures according to the safety and health information provided under paragraph (1).
(4) Where a contractee fails to provide information despite a request made by a contractor under paragraph (2), the contractor need not perform the relevant contracted work. In such cases, the contractor shall not be liable for any delay in implementing the contract.
Enforcement Ordinance
- Article 54 (Work with Risks of Suffocation or Collapse)
“Work prescribed by Presidential Decree” in Article 65 (1) 3 of the Act means any of the following:
1. Work performed in a place prescribed by Ordinance of the Ministry of Employment and Labor as a place where there is a risk of suffocation due to lack of oxygen, harmful gas, etc.;
2. Work conducted in a place where there is a risk of collapse of soil, structures, artificial structures, etc.
- Article 66 (Corrective Measures against Relevant Contractors by Contractees)
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(1) Where employees of a relevant contractor work at the place of business of a contractee, if the relevant contractor or his or her employee violates this Act or any order issued pursuant to this Act in relation to the contracted work, the contractee may take a necessary measure against such relevant contractor to correct the relevant violation. In such cases, the relevant contractor shall comply with such measure unless there is a compelling reason not to do so.
(2) Where a contractee awards a contract for any work prescribed in the subparagraphs of Article 65 (1), if a contractor or his or her employee violates this Act or any order issued pursuant to this Act in relation to the contracted work, the contractee may take a necessary measure against such contractor to correct the relevant violation. In such cases, the contractor shall comply with such measure unless there is a compelling reason not to do so.
- Article 67 (Measures for Preventing Industrial Accidents by Persons Placing Order for Construction Works)
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(1) A person placing an order for construction works prescribed by Presidential Decree shall take measures according to the following classifications at the planning, design, and construction stages of the construction works to prevent industrial accidents:
1. The planning stage of construction works: Preparing a basic safety and health ledger including hazardous or risk factors to be managed intensively during the construction works and measures for mitigating such factors;
2. The design stage of construction works: Providing a designer with the basic safety and health ledger referred to in subparagraph 1, and requiring the designer to prepare a design safety and health ledger including measures for mitigating hazardous or risk factors for verification;
3. The construction stage of construction works: Providing a contractor who is awarded a contract for construction works for the first time from a person placing an order for construction works with the design safety and health ledger referred to in subparagraph 2; requiring the contractor to prepare a construction safety and health ledger for safe work performance by reflecting the design safety and health ledger; and verifying whether the contractor has performed according to such construction safety and health ledger.
(2) Specific details to be included in each ledger prescribed in the subparagraphs of paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor.
Enforcement Ordinance
- Article 55 (Construction Works Subject to Measures for Industrial Accident Prevention)
“Construction works prescribed by Presidential Decree" in the part, with the exception of the subparagraphs, of Article 67 (1) of the Act means construction works with a total construction amount of at least five billion won.
- Article 68 (Safety and Health Coordinators)
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(1) A person placing orders for, and awarding, at least two construction works shall, where such multiple construction works are performed at the same place, assign a safety and health coordinator at the construction site to prevent any industrial accident that may occur due to the simultaneous undertaking of such works.
(2) The value of the construction works for which a safety and health coordinator shall be assigned under paragraph (1); the qualification and duties of, and method of appointing, a safety and health coordinator; and other necessary matters shall be prescribed by Presidential Decree.
Enforcement Ordinance
- Article 56 (Appointment of Safety and Health Coordinators)
(1) In cases of construction works costing a total of at least five billion won, a safety and health coordinator referred to in Article 68 (1) of the Act (hereinafter referred to as “safety and health coordinator”) shall be appointed.
(2) A person placing an order for construction works required to appoint a safety and health coordinator pursuant to paragraph (1) shall appoint a safety and health coordinator from among persons falling under subparagraph 1 or 4 through 7 or designate a safety and health coordinator from among persons falling under subparagraph 2 or 3:
1. A person holding a license as an occupational safety instructor referred to in Article 143 (1) of the Act;
2. A construction supervisor appointed by the contracting authority pursuant to Article 49 (1) of the Construction Technology Promotion Act in cases of construction works under a contract awarded by a contracting authority under subparagraph 6 of Article 2 of that Act;
3. Any of the following supervisors responsible for the main part of the relevant construction works:
(a) A project supervisor designated pursuant to Article 25 of the Building Act;
(b) A person who performs supervision services under subparagraph 5 of Article 2 of the Construction Technology Promotion Act;
(c) A consulting engineer designated pursuant to Article 43 of the Housing Act;
(d) A supervision service provider referred to in Article 12-2 of the Electric Technology Management Act;
(e) A supervisor who performs supervision for the relevant construction works pursuant to Article 8 (2) of the Information and Communications Construction Business Act;
4. A person who has served as a person in charge of safety and health management for at least three years at the site of any construction corresponding to general construction works prescribed in Article 8 of the Framework Act on the Construction Industry;
5. A construction safety technician referred to in the National Technical Qualifications Act;
6. A person who has at least five years of practical experience working in the field of construction safety after obtaining qualification as a construction safety engineer under the National Technical Qualifications Act;
7. A person who has at least seven years of practical experience working in the field of construction safety after obtaining qualification as an industrial engineer for construction safety under the National Technical Qualifications Act.
(3) A person placing an order for construction works required to appoint a safety and health coordinator pursuant to paragraph (1) shall appoint or designate a safety and health coordinator pursuant to paragraph (2) by the date immediately before the commencement date of a work the contract for which is separately awarded and inform such fact to the contractees of respective construction works.
- Article 69 (Prohibition on Reducing Construction Periods and Changing Construction Methods)
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(1) A person placing an order for construction works or a contractee for construction works (referring to a contractor who is awarded a contract for the relevant construction works for the first time from a person placing an order for construction works or a person who takes a leading role in supervising and managing the construction works; hereafter in this Section, the same shall apply) shall not reduce the construction period calculated based on the relevant drawings and specifications, etc.
(2) A person placing an order for construction works or a contractee for construction works shall neither use dangerous construction methods for reducing the construction cost nor change the construction methods without good cause.
Enforcement Ordinance
- Article 35 (Composition of Occupational Safety and Health Committee)
(1) The members representing employees of each occupational safety and health committee are as follows:
1. The representative of employees;
2. At least one honorary occupational safety inspector designated by the employees’ representative of a place of business where honorary occupational safety supervisors are commissioned;
3. Up to nine employees of a place of business appointed by the employees’ representative (where any employee is designated as a member under subparagraph 2, the number gained by subtracting the number of such members from nine).
(2) The members representing employers of an occupational safety and health committee are as follows: Provided, That in a place of business whose full-time employees is at least 50 but less than 100, an occupational safety and health committee may be organized, with those falling under subparagraph 5 excluded:
1. The representative of the relevant business (if the same business has a place of business located in a different area, referring to a person in charge of safety and health management of the place of business; hereinafter the same shall apply);
2. One safety officer (limited to a place of business required to appoint a safety officer pursuant to Article 16 (1); in cases of a place of business that entrusts a specialized safety management institution with the duties of a safety officer, referring to a person in charge of that place of business in the said specialized safety management institution);
3. One health officer (limited to a place of business required to appoint a health officer pursuant to Article 20 (1); in cases of a place of business that entrusts a specialized health management institution with the duties of a health officer, referring to a person in charge of that place of business in the said specialized health management institution);
4. An occupational health doctor (limited to where the relevant place of business has appointed an occupational health doctor);
5. Up to nine heads of departments in the relevant place of business, designated by the representative of the relevant business.
(3) Notwithstanding paragraphs (1) and (2), where a contractee for construction works referred to in Article 69 (1) of the Act (hereinafter referred to as “contractee for construction works”) establishes a council on safety and health pursuant to Article 64 (1) 1 of the Act, an occupational safety and health committee may be organized to include the following persons as its member:
1. Members representing employees: The employees’ representative for all projects including contracted and subcontracted works, an honorary occupational safety inspector, and an employee of the relevant place of business who is designated by the employees’ representative;
2. Members representing employers: The representative of a contractee, the representative of each relevant contractor, and a safety officer.
- Article 70 (Extension of Period of Construction Works)
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(1) A person placing an order for construction works shall extend the construction period unless there is a compelling reason not to do so, where the contractee for the relevant construction works requests that the period be extended to prevent industrial accidents due to a delay in the construction works caused by any of the following reasons:
1. In the event of force majeure, including severe weather such as typhoons and floods, wars, serious incidents, earthquakes, fire, epidemics, riots, or any other extenuating circumstance beyond the control of the contractual parties;
2. Where the commencement of construction is delayed or construction is interrupted due to reasons attributable to a person placing an order for construction works.
(2) Where the commencement of construction is delayed or construction is interrupted due to any reason prescribed in paragraph (1) 1 or any reason attributable to a contractee for construction works, resulting in a delay in the relevant construction works, a relevant contractor for the construction works may request the contractee for the construction works to extend a construction period to prevent industrial accidents. In such cases, the contractee for the construction works shall either extend the construction period or request a person placing an order for construction works to extend the construction period, unless there is a compelling reason not to so.
(3) The procedures for requesting an extension of the construction period under paragraphs (1) and (2), and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.
- Article 71 (Requests for Design Modification)
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(1) Where a contractee for construction works deems that any industrial accident is likely to occur due to the collapse, etc. of a temporary structure prescribed by Presidential Decree in the course of the construction works, he or she may request a person placing an order for construction works to modify the design of the relevant construction works after hearing the opinions of experts prescribed by Presidential Decree, including experts in architecture or civil engineering: Provided, That the foregoing shall not apply where a person placing an order for construction works has placed the relevant order including design.
(2) A contractee for construction works who is ordered to suspend the works or amend a hazard prevention plan by the Minister of Employment and Labor pursuant to the latter part of Article 42 (4) may, if design modification is necessary, request a person placing an order for construction works to modify the design of the relevant construction works.
(3) Where a relevant contractor for construction works deems that any industrial accident is likely to occur due to the collapse, etc. of a temporary structure prescribed in paragraph (1) in the course of the construction works, he or she may request a contractee for construction works to modify the design of the relevant construction works after hearing the opinions of experts prescribed in paragraph (1). In such cases, unless it is obvious that the requested matters are not technically applicable, the contractee for the construction works shall modify the design of the relevant construction works by reflecting such request or request a person placing the order for construction works to modify the design.
(4) A person placing an order for construction works in receipt of a request for design modification under paragraphs (1) through (3) shall modify the design of the relevant construction works by reflecting such request, unless it is obvious that the requested matters are not technically applicable.
(5) The procedures and methods for requesting design modifications under paragraphs (1) through (3), and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor. In such cases, a prior consultation shall be undertaken with the Minister of Land, Infrastructure and Transport.
Enforcement Ordinance
- Article 58 (Objects of Requests for Design Modification and Scope of Experts)
(1) “Temporary structure prescribed by Presidential Decree” in the main clause of Article 71 (1) of the Act means any of the following:
1. A scaffold which is at least 31 meters high;
2. A work plate-integrated mould or a mould strut which is at least five meters high [a member installed to support loads, etc. up to a certain strength of concrete cast];
3. Tunnel support (a structure for preventing collapse) or an earth anchor which is at least two meters high;
4. A temporary structure which can be moved using power.
(2) “Experts prescribed by Presidential Decree, including experts in architecture or civil engineering” in the main clause of Article 71 (1) of the Act means the Agency or any of the following persons who are not employed by the contractee of a relevant construction works or a relevant contractor:
1. Professional Engineer Architecture Structures under the National Technical Qualifications Act (excluding civil engineering works and structures referred to in paragraph (1) 3);
2. Professional Engineer Civil Engineering Structures under the National Technical Qualifications Act (limited to civil engineering works);
3. Professional Engineer Soil Mechanics Foundations under the National Technical Qualifications Act (limited to structures referred to in paragraph (1) 3);
4. Professional Engineer Construction Equipment under the National Technical Qualifications Act (limited to structures referred to in paragraph (1) 4).
- Article 72 (Appropriation of Funds for Occupational Safety and Health Management for Construction Works)
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(1) Where a person placing an order for construction works concludes a contract or a contractee for construction works (excluding a person to whom a contract for construction works is first awarded by a person placing an order for construction works) formulates a project plan for construction works, he or she shall appropriate funds used to prevent industrial accidents (hereinafter referred to as “funds for occupational safety and health management”) in the contract amount or project expenses, as determined and publicly notified by the Minister of Employment and Labor.
(2) To use funds for occupational safety and health management efficiently, the Minister of Employment and Labor may determine the following matters:
1. The standards for appropriation by scale and category of a project;
2. The standards for the use ratio, etc. according to the progress of construction works;
3. Other matters necessary for using occupational safety and health management funds.
(3) A contractee for construction works referred to in paragraph (1) shall use funds for occupational safety and health management as prescribed in paragraph (2), and prepare and retain statements detailing the relevant expenditure, as prescribed by Ordinance of the Ministry of Employment and Labor.
(4) When a contractor to whom a contract for building or repairing a ship is first awarded formulates a project plan, he or she shall appropriate funds for occupational safety and health in project expenses, as determined and publicly notified by the Minister of Employment and Labor.
(5) No contractee for construction works referred to in paragraph (1) or contractor to whom a contract for building or repairing a ship is first awarded referred to in paragraph (4) shall use funds for occupational safety and health management for any other purpose than preventing industrial accidents.
- Article 73 (Guidance on Prevention of Industrial Accidents during Construction Works)
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(1) A contractee for construction works prescribed by Presidential Decree shall receive guidance on preventing construction industrial accidents while conducting the relevant construction works from a specialized institution designated under Article 74 (hereinafter referred to as "specialized guidance institution for preventing construction industrial accidents”).
(2) The details of guidance to be provided by a specialized guidance institution for preventing construction industrial accidents, the subject matters of guidance, the method of providing guidance, and other necessary matters shall be prescribed by Presidential Decree.
Enforcement Ordinance
- Article 59 (Construction Works’ Contractees Subject to Guidance on Construction Accident Prevention)
“Contractee of construction works prescribed by Presidential Decree” in Article 73 (1) of the Act means a person who conducts construction works, the construction amount of which is at least 100 million won but less than 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)], and a person who conducts construction works subject to building permission referred to in Article 11 of the Building Act: Provided, That any person who conducts any of the following construction works shall be excluded herefrom:
1. Construction works with a construction period of less than one month;
2. Construction works conducted in an island not connected to land (excluding Jeju Special Self-Governing Province);
3. Construction works where a business owner appoints a person holding the qualification as a safety officer pursuant to attached Table 4 (including cases where one person holding the qualification as a safety officer is appointed for up to three construction works under construction by the same business owner within the same metropolitan city area) to be in exclusive charge of the duties of a safety officer prescribed in the subparagraphs of Article 18 (1);
4. Construction works required to submit a plan for preventing harm and danger referred to in Article 42 (1) of the Act.
Enforcement Ordinance
- Article 60 (Criteria for Guidance by Specialized Guidance Institutions for Construction Accident Prevention)
The contents of the guidance work of a specialized guidance institution for construction accident prevention referred to in Article 73 (1) of the Act (hereinafter referred to as "specialized guidance institution for construction accident prevention"), the subject matters subject to guidance, the method of providing guidance, and other necessary details are specified in attached Table 18.
- Article 74 (Specialized Guidance Institutions for Preventing Construction Industrial Accidents)
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(1) Any person intending to become a specialized guidance institution for preventing construction industrial accidents 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 procedures for designating specialized guidance institutions for preventing construction industrial accidents referred to in paragraph (1), and other necessary matters shall be prescribed by Presidential Decree.
(3) The Minister of Employment and Labor may evaluate specialized guidance institutions for preventing construction industrial accidents 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.
(4) Article 21 (4) and (5) shall apply mutatis mutandis to specialized guidance institutions for preventing construction industrial accidents. In such cases, “specialized safety management institution or specialized health management institution” shall be construed as "specialized guidance institution for preventing construction industrial accidents".
Enforcement Ordinance
- Article 61 (Requirements for Designation as Specialized Guidance Institutions for Construction Accident Prevention)
A person eligible to be designated as a specialized guidance institution for construction accident prevention under Article 74 (1) of the Act shall be any of the following persons who meet the requirements for human resources, facilities and equipment specified in attached Table 19:
1. An occupational safety instructor registered pursuant to Article 145 of the Act (limited only to occupational safety instructors in safety in electrical works or construction works);
2. A corporation that intends to provide services for preventing construction industrial accidents.
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.
- Article 75 (Special Cases concerning Establishing and Operating Council on Safety and Health)
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(1) A contractee for construction works of a scale prescribed by Presidential Decree may establish and operate a council on safety and health, consisting of an equal number of members representing the employees and the employer (hereinafter referred to as "labor-management council") at the site of the relevant construction works, as prescribed by Presidential Decree.
(2) Where a contractee for construction works establishes and operates a labor-management council under paragraph (1), he or she shall be deemed to establish and operate an occupational safety and health committee and a council on safety and health referred to in Article 64 (1) 1, respectively.
(3) A contractee for construction works who establishes and operates a labor-management council under paragraph (1) shall undergo deliberation and decision by the labor-management council regarding any matter prescribed in the subparagraphs of Article 24 (2). In such cases, the methods for addressing matters not decided by the labor-management council shall be prescribed by Presidential Decree.
(4) A labor-management council shall hold its meetings as prescribed by Presidential Decree and shall record in the minutes and retain the results of meetings.
(5) A labor-management council shall discuss matters prescribed by Ordinance of the Ministry of Employment and Labor, such as prevention of industrial accidents and methods of evacuation in case of an industrial accident.
(6) A contractee for construction works who establishes and operates a labor-management council and his or her employees, and a relevant contractor and his or her employees shall faithfully implement the matters which the labor-management council has deliberated on and decided pursuant to paragraph (3).
(7) Article 24 (5) and (6) shall apply mutatis mutandis to labor-management councils. In such cases, “occupational safety and health committee” shall be construed as “labor-management council”.
Enforcement Ordinance
- Article 63 (Construction Works Required to Organize Labor-Management Council)
“Construction works of scale prescribed by Presidential Decree” in Article 75 (1) of the Act means construction works costing business, construction cost of which is 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 as shown in attached Table 1 of the Enforcement Decree of the Framework Act on the Construction Industry)].
- Article 76 (Safety Measures by Contractees for Construction Works for Machinery and Apparatus)
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A contractee for construction works shall take necessary safety and health measures where machinery, apparatus, equipment, etc. prescribed by Presidential Decree, such as tower cranes, are installed or operated at his or her place of business, or where the installation, disassembly, assembly, etc. of such machinery, apparatus, equipment, etc. is being performed.
Enforcement Ordinance
- Article 66 (Machinery and Apparatus)
“Machinery, appliances, equipment, etc. prescribed by Presidential Decree, such as tower cranes” in Article 76 of the Act means any of the following machines, appliances, or equipment:
1. Tower cranes;
2. Construction lifts;
3. Pile drivers (a machine that drives piles using a hammer or power) and pile extractors (a machine that pulls out piles).
- Article 77 (Safety and Health Measures for Persons in Special Types of Employment)
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(1) With respect to a person meeting all of the following requirements to which the Labor Standards Act or any other Act is not applicable despite the fact that he or she provides labor similar to that of employees and needs protection from occupational accidents, irrespective of the type of a contract (hereinafter referred to as “person in a special type of employment”), any person provided with labor of such person in a special type of employment shall take necessary safety and health measures to prevent industrial accidents involving such person:
1. The person shall engage in any of the types of occupation prescribed by Presidential Decree;
2. The person shall provide labor mainly for one business regularly and live on remuneration paid in return therefor;
3. The person shall not use any other person in providing labor.
(2) A person provided with labor of a person in a special type of employment as prescribed by Presidential Decree shall conduct education on safety and health, as prescribed by Ordinance of the Ministry of Employment and Labor.
(3) The Government may grant subsidies to cover all or part of the expenses incurred in maintaining and promoting the safety and health of persons in special types of employment.
Enforcement Ordinance
- Article 67 (Scope of Workers in Special Employment Relations)
A person who meets the requirements prescribed in Article 77 (1) 1 of the Act shall be any of the following persons:
1. Insurance solicitors falling under any of the following:
(a) An insurance solicitor referred to in Article 83 (1) 1 of the Insurance Business Act;
(b) A full-time postal insurance solicitor referred to in the Postal Savings and Insurance Act;
2. A person who directly operates construction machines registered pursuant to Article 3 (1) of the Construction Machinery Management Act;
3. A visiting teacher according to the sub-class system of the standard classification of occupations publicly notified by the Commissioner of the Statistics Korea pursuant to Article 22 of the Statistics Act (hereinafter referred to as "Korean Standard Classification of Occupations");
4. A golf course caddy assisting golf games at a golf course installed as a workplace sports facility pursuant to Article 7 of the Installation and Utilization of Sports Facilities Act or at a golf course registered as a sports facility business pursuant to Article 19 of that Act;
5. A person who is a courier according to the class system of the Korean Standard Classification of Occupations, performing collection or delivery services for a courier business (referring to a business that delivers small cargo through a collection and transport process);
6. A person who is a courier according to the class system of the Korean Standard Classification of Occupations, performing delivery services by receiving work requests mainly from one quick service company in accordance with the criteria determined by the Minister of Employment and Labor;
7. Loan solicitors referred to in the proviso of Article 3 (1) of the Act on Registration of Credit Business and Protection of Finance Users;
8. Credit card holder solicitors referred to in Article 14-2 (1) 2 of the Specialized Credit Finance Business Act;
9. A person who works as a designated driver by receiving work requests mainly from one designated driver service company in accordance with the criteria determined by the Minister of Employment and Labor.
Enforcement Ordinance
- Article 68 (Workers in Special Employment Relations Subject to Safety and Health Education)
“Person provided with labor of any worker in special employment relations prescribed by Presidential Decree” in Article 77 (2) of the Act means any person falling under subparagraphs 2, 4 through 6, and 9 through 13 of Article 67.
- Article 78 (Safety Measures for Delivery Persons)
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A person who brokers the collection, delivery, etc. of goods using a mobile communications terminal device defined in subparagraph 4 of Article 2 of the Mobile Device Distribution Improvement Act shall take necessary safety and health measures to prevent industrial accidents involving a person who performs the collection, delivery, etc. of goods using a two-wheeled motor vehicle referred to in Article 3 (1) 5 of the Motor Vehicle Management Act through his or her brokerage.
- Article 79 (Measures for Preventing Industrial Accidents of Franchisers)
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(1) Where a franchiser prescribed by Presidential Decree among the franchisers defined in subparagraph 2 of Article 2 of the Fair Transactions in Franchise Business Act supplies a franchisee defined in subparagraph 3 of that Article with equipment, machinery, raw materials, goods, etc. of a franchise store, he or she shall take the following measures to prevent industrial accidents involving the franchisee and the employees of the franchisee:
1. Establishing and implementing programs related to safety and health at a franchise store;
2. Providing information on safety and health to a franchisee regarding equipment, machinery, raw materials, goods, etc. installed or supplied by a franchiser at or to a franchise store.
(2) The content and implementation methods of a program on safety and health referred to in paragraph (1) 1, the methods for providing information on safety and health under subparagraph 2 of that paragraph, and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.
Enforcement Ordinance
- Article 69 (Franchisers Subject to Industrial Accident Prevention Measures)
Franchiser prescribed by Presidential Decree” in the part, with the exception of the subparagraphs, of Article 79 (1) of the Act, means a franchiser with at least 200 franchisees engaged in any of the following business categories as indicated on an information disclosure statement (referring to an information disclosure statement registered as of the end of the immediately preceding business year) registered under Article 6-2 of the Fair Transactions in Franchise Business Act:
1. Where the section classification is the food service business;
2. Where the section classification is the whole sale or retail business, and the division classification is the convenience store business.
