OCCUPATIONAL SAFETY AND HEALTH ACT [See entire ACT]
CHAPTER Ⅵ Supervision and Order
- Article 80 (Protective Measures against Hazardous or Dangerous Machinery and Apparatus)
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(1) No person shall provide any power-operated machinery or apparatus prescribed by Presidential Decree for transfer, rent, installation, or use, nor shall he or she display it for the purpose of transfer or rent, without taking protective measures for preventing hazards and dangers prescribed by Ordinance of the Ministry of Employment and Labor.
(2) No person shall provide any of the following power-operated machinery or apparatus for transfer, rent, installation, or use, nor shall he or she display it for the purpose of transfer or rent, without taking protective measures prescribed by Ordinance of the Ministry of Employment and Labor:
1. Any machinery or apparatus that has a protruding part on its operating unit;
2. Any machinery or apparatus that has a power-transfer part or speed-adjusting part;
3. Any machinery or apparatus that has a trapping point in its rotary machine.
(3) Any business owner shall regularly inspect and maintain devices related to protective measures prescribed in paragraphs (1) and (2) to ensure that such protective measures function properly.
(4) In cases prescribed by Ordinance of the Ministry of Employment and Labor, such as where a business owner and employee intend to remove the protective measures prescribed in paragraphs (1) and (2), they shall take necessary safety and health measures.
Enforcement Ordinance
- Article 70 (Harmful or Dangerous Machinery and Apparatus Requiring Protective Measures)
“Power-operated machinery or apparatus prescribed by Presidential Decree” in Article 80 (1) of the Act means the machinery and apparatus listed in attached Table 20.
- Article 81 (Measures by Lenders of Machinery and Apparatus)
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Any person who rents or borrows any machinery, apparatus, equipment, structure, etc. prescribed by Presidential Decree to or from any other person shall take necessary safety and health measures.
Enforcement Ordinance
- Article 71 (Harmful or Dangerous Machinery and Apparatus Requiring Protective Measures of Lenders)
“Machinery, apparatus, equipment, structure, etc. prescribed by Presidential Decree” in Article 81 of the Act means the machinery, apparatus, equipment, structure, etc. listed in attached Table 21.
- Article 82 (Registration of Business of Installing and Dismantling Tower Cranes)
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(1) Any person intending to install or dismantle a tower crane shall be registered with the Minister of Employment and Labor after meeting the requirements for human resources, facilities, equipment, etc. prescribed by Presidential Decree. The same shall also apply when he or she intends to amend any of the important registered matters prescribed by Presidential Decree.
(2) A business owner shall have a person registered under paragraph (1) install or dismantle a tower crane.
(3) The procedures for registration referred to in paragraph (1), and other necessary matters shall be prescribed by Presidential Decree.
(4) Article 21 (4) and (5) shall apply mutatis mutandis to a person registered under paragraph (1). In such cases, “specialized safety management institution or specialized health management institution” shall be construed as "person registered under paragraph (1)", and "designation" as "registration".
Enforcement Ordinance
- Article 72 (Requirements for Registering Business of Installing and Dismantling Tower Cranes)
(1) The criteria for human resources, facilities and equipment that any person intending to install or dismantle a tower crane shall meet pursuant to the former part of Article 82 (1) of the Act are as specified in attached Table 22.
(2) “Important matters prescribed by Presidential Decree” in the latter part of Article 82 (1) of the Act means the following:
1. Name of the company (business name);
2. Location of the company;
3. The name of a representative.
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.
- Article 83 (Safety Certification Standards)
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(1) To assess the safety of hazardous or dangerous machinery, apparatus, equipment, protective devices, and protectors (hereinafter referred to as "hazardous or dangerous machinery, etc."), the Minister of Employment and Labor shall determine and publicly notify standards for safety-related performance of hazardous or dangerous machinery, etc., and the technical capability, production system, etc. of manufacturers (hereinafter referred to as "safety certification standards").
(2) The safety certification standards may be determined by classification, specification, or type of hazardous or dangerous machinery, etc.
Enforcement Ordinance
- Article 83 (Performance Tests)
(1) The investigation of manufacturing processes referred to in Article 101 of the Act is performed to test as to whether machinery, etc. subject to safety certification or machinery, etc. subject to voluntary safety verification has been manufactured according to the safety certification standards prescribed in Article 83 (1) of the Act or the voluntary safety standards prescribed in Article 89 (1) of the Act.
(2) Where the Minister of Employment and Labor tests the performance of harmful or dangerous machinery, etc. referred to in Article 83 (1) of the Act (hereinafter referred to as “harmful or dangerous machinery, etc.”) pursuant to Article 101 of the Act, he or she shall conduct performance test by collecting samples of harmful or dangerous machinery, etc. manufactured, imported, transferred, lent, or displayed for transfer or rent.
(3) Necessary matters concerning the procedures and methods for product manufacturing process investigation and performance test prescribed in paragraphs (1) and (2), and other relevant details shall be determined by Ordinance of the Ministry of Employment and Labor.
- Article 84 (Safety Certification)
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(1) A person who manufactures or imports (including those who install or relocate machinery, etc. subject to safety certification prescribed by Ordinance of the Ministry of Employment and Labor or who makes any major structural alteration thereof; hereafter in this Article and Articles 85 through 87, the same shall apply) any hazardous or dangerous machinery, etc., prescribed by Presidential Decree as potentially causing risk to the safety and health of employees (hereinafter referred to as "machinery, etc. subject to safety certification") shall obtain safety certification granted by the Minister of Employment and Labor as to whether they meet the safety certification standards.
(2) The Minister of Employment and Labor may fully or partially exempt safety certification prescribed in paragraph (1), as prescribed by Ordinance of the Ministry of Employment and Labor, in any of the following cases:
1. Where hazardous or dangerous machinery, etc. are manufactured or imported for research and development, or manufactured for exportation;
2. Where certification is granted by a foreign safety certification institution determined and publicly notified by the Minister of Employment and Labor;
3. In cases prescribed by Ordinance of the Ministry of Employment and Labor, where a safety inspection is conducted or safety certification is granted under other statutes or regulations.
(3) Where a person who manufactures or imports hazardous or dangerous machinery, etc. not subject to safety certification intends to undergo an evaluation of the safety-related performance, etc. of such hazardous or dangerous machinery, etc., he or she may apply for safety certification to the Minister of Employment and Labor. In such cases, the Minister of Employment and Labor may grant safety certification in accordance with the safety certification standards.
(4) The Minister of Employment and Labor shall verify whether a person who has been granted safety certification pursuant to paragraphs (1) and (3) (hereinafter referred to as "safety certification") complies with the safety certification standards, at a regular interval prescribed by Ordinance of the Ministry of Employment and Labor, not exceeding three years: Provided, That where safety certification is partially exempt under paragraph (2), such verification may be fully or partially omitted, as prescribed by Ordinance of the Ministry of Employment and Labor.
(5) A person who has obtained safety certification pursuant to paragraph (1) shall make and retain records on the name, model, outputs, and sales of machinery, etc. subject to safety certification for which safety certification has been granted, and on the status of its sellers, as prescribed by Ordinance of the Ministry of Employment and Labor.
(6) Where the Minister of Employment and Labor deems it necessary for the safety and health of employees, he or she may require a person who manufactures, imports, or sells machinery, etc. subject to safety certification to submit data about the manufacturing, importation, or sales of the relevant machinery, etc. subject to safety certification to the Agency, as prescribed by Ordinance of the Ministry of Employment and Labor.
(7) The methods and procedures for applying for safety certification, the methods and procedures for verification referred to in paragraph (4), and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.
Enforcement Ordinance
- Article 74 (Machinery Subject to Safety Certification)
(1) "Machinery, etc. prescribed by Presidential Decree” in Article 84 (1) of the Act means any of the following:
1. Any of the following machinery or equipment:
(a) Presses;
(b) Shearing machines and bending machines;
(c) Cranes;
(d) Lifts;
(e) Pressure vessels;
(f) Roller machines;
(g) Injection molding machines;
(h) High place working benches;
(i) Wall maintenance lifts;
2. Any of the following protective devices:
(a) Protective devices of presses and shearing machines;
(b) Overload limiters for lifting machines;
(c) Safety pressure valves on boilers;
(d) Safety pressure valves on pressure vessels;
(e) Rupture disks for releasing pressure from pressure vessels;
(f) Insulation devices and tools for live-wire operations;
(g) Explosion-proof electric machines, tools and parts;
(h) Temporary equipment and materials for preventing hazards, such as crashing, falling, and collapse, and protecting people from such hazards, as determined and publicly notified by the Minister of Employment and Labor;
(i) An industrial protective robot necessary to prevent dangers such as collisions and strictures, as determined and publicly notified by the Minister of Employment and Labor;
3. Any of the following protective equipment:
(a) Safety helmets for preventing risks of falling and electric shock;
(b) Safety shoes;
(c) Safety gloves;
(d) Dustproof masks;
(e) Gas masks;
(f) Air-line masks;
(g) Electric respiratory protective equipment;
(h) Protective clothes;
(i) Safety belts;
(j) Protective goggles for shielding light or preventing risks of flying debris;
(k) Welding masks;
(l) Soundproof earplugs or earmuffs.
(2) The specific types, specifications, and models of machinery, etc. subject to safety certification shall be determined and publicly notified by the Minister of Employment and Labor.
- Article 85 (Safety Certification Marks)
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(1) A person granted safety certification shall affix a mark of safety certification (hereinafter referred to as "safety certification mark") to hazardous or dangerous machinery, etc. for which safety certification has been granted or to the container or package thereof, as prescribed by Ordinance of the Ministry of Employment and Labor.
(2) No hazardous or dangerous machinery, etc. for which safety certification has not been granted shall carry a safety certification mark or any other mark similar thereto, or no advertisement on safety certification shall be made with regard to such machinery, etc.
(3) No person who manufactures, imports, transfers, or lends any hazardous or dangerous machinery, etc. for which safety certification has been granted shall modify or remove a safety certification mark at his or her discretion.
(4) The Minister of Employment and Labor shall order the removal of a safety certification mark or any other mark similar thereto in any of the following cases:
1. Where a safety certification mark or similar is affixed, in violation of paragraph (2);
2. Where safety certification is revoked or an order prohibiting the use of a safety certification mark is issued under Article 86 (1).
- Article 86 (Revocation of Safety Certification)
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(1) Where a person who has obtained safety certification falls under any of the following, the Minister of Employment and Labor may revoke the relevant safety certification or issue an order prohibiting the use of a safety certification mark or to make necessary corrections to meet the safety certification standards within a specified period not exceeding six months: Provided, That in cases falling under subparagraph 1, the relevant safety certification shall be revoked:
1. Where a person has obtained safety certification by fraud or other improper means;
2. Where the safety-related performance, etc. of hazardous or dangerous machinery, etc. for which safety certification has been granted cease to meet the safety certification standards;
3. Where a person refuses, obstructs, or evades verification prescribed in Article 84 (4) without good cause.
(2) Where the Minister of Employment and Labor revokes safety certification under paragraph (1), he or she shall publicly announce such fact in the Official Gazette, etc., as prescribed by Ordinance of the Ministry of Employment and Labor.
(3) No person whose safety certification has been revoked under paragraph (1) shall apply for safety certification of the hazardous or dangerous machinery, etc. subject to the revocation of safety certification for one year from the date of such revocation.
- Article 87 (Prohibition on Manufacturing Machinery Subject to Safety Certification)
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(1) No person shall manufacture, import, transfer, lend, or use any of the following machinery, etc. subject to safety certification, or display them for sale or rent:
1. Where safety certification prescribed in Article 84 (1) has not been granted (excluding where safety certification is fully exempt under paragraph (2) of that Article);
2. Where machinery, etc. subject to safety certification cease to meet the safety certification standards;
3. Where safety certification is revoked or an order prohibiting the use of a safety certification mark is issued under Article 86 (1).
(2) The Minister of Employment and Labor may order a person who manufactures, imports, transfers, or lends machinery, etc. subject to safety certification in violation of paragraph (1) to collect or destroy the relevant machinery, etc. subject to safety certification, as prescribed by Ordinance of the Ministry of Employment and Labor.
- Article 88 (Safety Certification Institutions)
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(1) The Minister of Employment and Labor may designate an institution to which safety certification and verification referred to in Article 84 are entrusted as a safety certification institution.
(2) Any person intending to be designated as a safety certification institution under paragraph (1) shall apply for such designation to the Minister of Employment and Labor after meeting the requirements for human resources, facilities, equipment, etc. prescribed by Presidential Decree.
(3) The Minister of Employment and Labor may evaluate a safety certification institution designated under paragraph (1) (hereinafter referred to as “safety certification institution”), 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) The procedures for applying for designation as a safety certification institution, and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.
(5) Article 21 (4) and (5) shall apply mutatis mutandis to safety certification institutions. In such cases, “specialized safety management institution or specialized health management institution” shall be construed as "safety certification institution”.
Enforcement Ordinance
- Article 75 (Requirements for Designation of Safety Certification Institutions)
In order for an institution to qualify to be designated as a safety certification institution referred to in Article 88 (1) of the Act (hereinafter referred to as “safety certification institution”), it shall be any of the following:
1. The Agency;
2. Any of the following entities that meet the standards for human resources, facilities and equipment specified in attached Table 23:
(a) A nonprofit corporation established to promote occupational safety and health or prevent industrial accidents;
(b) A public institution, defined in the Act on the Management of Public Institutions and established to certify and test machinery, equipment, etc. or for the research, development, education, and evaluation of manufacturing technology.
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.
- Article 89 (Reporting Voluntary Safety Verification)
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(1) A person who manufactures or imports any hazardous or dangerous machinery, etc. prescribed by Presidential Decree, other than machinery, etc. subject to safety certification (hereinafter referred to as "machinery, etc. subject to voluntary safety verification"), shall verify (hereinafter referred to as "voluntary safety verification") whether the safety-related performance of the machinery, etc. subject to voluntary safety verification meet the safety standards determined and publicly notified by the Minister of Employment and Labor (hereinafter referred to as "voluntary safety standards") and report (including cases of amending any reported matters) such machinery, etc. to the Minister of Employment and Labor: Provided, That such report may be exempted in any of the following cases:
1. Where such hazardous or dangerous machinery, etc. are manufactured or imported for research and development, or manufactured for exportation;
2. Where safety certification referred to in Article 84 (3) is granted (excluding where safety certification is revoked or an order prohibiting the use of a safety certification mark is issued under Article 86 (1));
3. In cases prescribed by Ordinance of the Ministry of Employment and Labor, where a safety inspection is conducted or safety certification is granted under other statutes or regulations.
(2) Where the Minister of Employment and Labor receives a report referred to in the main clause of paragraph (1), with the exception of its subparagraphs, he or she shall review the details thereof and accept it if it complies with this Act.
(3) A person who has reported under the main clause of paragraph (1), with the exception of its subparagraphs, shall retain documents verifying that the machinery, etc. subject to voluntary safety verification meet the voluntary safety standards.
(4) The procedures and methods for making a report referred to in the main clause of paragraph (1), with the exception of its subparagraphs, and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.
Enforcement Ordinance
- Article 77 (Machinery Subject to Voluntary Safety Verification)
(1) "Machinery, etc. prescribed by Presidential Decree" in the main clause, with the exception of the subparagraphs, of Article 89 (1) of the Act is as follows:
1. Any of the following machinery or equipment:
(a) Grinding machines or abraders. In this case, mobile ones shall be excluded herefrom;
(b) Industrial robots;
(c) Mixers;
(d) Crushers or comminutors;
(e) Machinery for processing food (limited to machines for crushing, cutting, mixing, and noodle-making);
(f) Conveyors;
(g) Lifts for servicing automobiles;
(h) Machine tools (limited to lathes, drills, planing machines, sharpening machines, and milling machines);
(i) Fixed machines for processing timber (limited to circular saws, planes, routers, belt saws, and chamfering machines);
(j) Printing machines;
2. Any of the following protective devices:
(a) Safety devices for acetylene welding equipment or gas welding equipment;
(b) Automatic voltage transformers for AC Arc welding machines;
(c) Emergency stop devices of roller machines;
(d) Grinding machine covers;
(e) Reaction-proof devices of circular saws for wood processing and blade guards;
(f) Blade guards of motorized hand-held planes;
(g) Temporary equipment and materials necessary for preventing hazards, such as crashing, falling, and collapse, and protecting people for such hazards (excluding temporary equipment and materials specified in Article 74 (1) 2 (h)), as determined and publicly notified by the Minister of Employment and Labor;
3. Any of the following protective equipment:
(a) Safety helmets (excluding safety helmets specified in Article 74 (1) 3 (a));
(b) Protective goggles (excluding protective goggles specified in Article 74 (1) 3 (j));
(c) Face shields (excluding face shields specified in Article 74 (1) 3 (k)).
(2) The specific types, specifications, and models of machinery, etc. subject to voluntary safety verification shall be determined and publicly notified by the Minister of Employment and Labor.
Enforcement Ordinance
- Article 83 (Performance Tests)
(1) The investigation of manufacturing processes referred to in Article 101 of the Act is performed to test as to whether machinery, etc. subject to safety certification or machinery, etc. subject to voluntary safety verification has been manufactured according to the safety certification standards prescribed in Article 83 (1) of the Act or the voluntary safety standards prescribed in Article 89 (1) of the Act.
(2) Where the Minister of Employment and Labor tests the performance of harmful or dangerous machinery, etc. referred to in Article 83 (1) of the Act (hereinafter referred to as “harmful or dangerous machinery, etc.”) pursuant to Article 101 of the Act, he or she shall conduct performance test by collecting samples of harmful or dangerous machinery, etc. manufactured, imported, transferred, lent, or displayed for transfer or rent.
(3) Necessary matters concerning the procedures and methods for product manufacturing process investigation and performance test prescribed in paragraphs (1) and (2), and other relevant details shall be determined by Ordinance of the Ministry of Employment and Labor.
- Article 90 (Voluntary Safety Verification Marks)
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(1) A person who has reported under the main clause of Article 89 (1), with the exception of its subparagraphs, shall affix a mark of voluntary safety verification (hereinafter referred to as "voluntary safety verification mark") to machinery, etc. subject to voluntary safety verification or to the container or package thereof, as prescribed by Ordinance of the Ministry of Employment and Labor.
(2) No machinery, etc. subject to voluntary safety verification which has not been reported under the main clause of Article 89 (1), with the exception of its subparagraphs, shall carry a voluntary safety verification mark or any other mark similar thereto, or no advertisement on voluntary safety verification shall be made with regard to such machinery, etc.
(3) No person who manufactures, imports, transfers, or lends machinery, etc. subject to voluntary safety verification reported under the main clause of Article 89 (1), with the exception of its subparagraph, shall modify or remove a voluntary safety verification mark at his or her discretion.
(4) The Minister of Employment and Labor shall order the removal of a voluntary safety verification mark or any other mark similar thereto in any of the following cases:
1. Where a voluntary safety verification mark or similar is affixed, in violation of paragraph (2);
2. Where a report referred to in the main clause of Article 89 (1), with the exception of its subparagraphs, is made by fraud or other improper means;
3. Where an order prohibiting the use of a voluntary safety verification mark is issued under Article 91 (1).
- Article 91 (Prohibition on Use of Voluntary Safety Verification Marks)
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(1) Where the safety-related performance of machinery, etc. subject to voluntary safety verification reported under the main clause of Article 89 (1), with the exception of its subparagraphs, ceases to meet the voluntary safety standards, the Minister of Employment and Labor may prohibit a person who has made such report under the main clause of that paragraph, with the exception of its subparagraphs, from using a voluntary safety verification mark or issue an order to make necessary corrections to meet the voluntary safety standards, within a specified period not exceeding six months.
(2) When the Minister of Employment and Labor prohibits the use of a voluntary safety verification mark pursuant to paragraph (1), he or she shall publicly announce such fact in the Official Gazette, etc.
(3) The content, methods, and procedures for public announcement prescribed in paragraph (2), and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.
- Article 92 (Prohibition on Manufacturing Machinery Subject to Voluntary Safety Verification)
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(1) No person shall manufacture, import, transfer, lend, or use any of the following machinery, etc. subject to voluntary safety verification, or display them for sale or rent:
1. Where a report referred to in the main clause of Article 89 (1), with the exception of its subparagraphs, is not made (excluding where such report is exempted under the proviso of that paragraph, with the exception of its subparagraphs);
2. Where a report referred to in the main clause of Article 89 (1), with the exception of its subparagraphs, is made by fraud or other improper means;
3. Where the safety-related performance of machinery, etc. subject to voluntary safety verification ceases to meet the voluntary safety standards;
4. Where an order prohibiting the use of a voluntary safety verification mark is issued under Article 91 (1).
(2) The Minister of Employment and Labor may order a person who manufactures, imports, transfers, or lends machinery, etc. subject to voluntary safety verification in violation of paragraph (1) to collect or destroy the machinery, etc. subject to voluntary safety verification, as prescribed by Ordinance of the Ministry of Employment and Labor.
- Article 93 (Safety Inspections)
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(1) A business owner (including a person who engages in business without employing employees; hereafter in this Article and Articles 94, 95, and 98, the same shall apply) who uses hazardous or dangerous machinery, apparatus, or equipment prescribed by Presidential Decree (hereinafter referred to as "machinery, etc. subject to safety inspection") shall undergo an inspection (hereinafter referred to as "safety inspection") conducted by the Minister of Employment and Labor as to whether the safety-related performance of machinery, etc. subject to safety inspection meets the inspection standards determined and publicly notified by the Minister of Employment and Labor. In such cases, where the business owner who uses the machinery, etc. subject to safety inspection is not the owner of the relevant machinery, etc., the owner shall undergo the safety inspection.
(2) Notwithstanding paragraph (1), in cases prescribed by Ordinance of the Ministry of Employment and Labor, including where machinery, etc. subject to safety inspection have already undergone a safety inspection or obtained safety certification pursuant to other statutes or regulations, a safety inspection may be exempt.
(3) The application for and frequency of a safety inspection, the methods for indicating the passing of an inspection, and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor. In such cases, the inspection frequency shall be determined in consideration of the type, service of life, and dangers of machinery, etc. subject to safety inspection.
Enforcement Ordinance
- Article 78 (Machinery Subject to Safety Inspection)
(1) "Machinery, apparatus, or equipment prescribed by Presidential Decree" in the former part of Article 93 (1) of the Act means as follows:
1. Presses;
2. Shearing machines;
3. Cranes (excluding those with a rated load of less than two tons);
4. Lifts;
5. Pressure vessels;
6. Wall maintenance lifts;
7. Local ventilation equipment (excluding mobile equipment);
8. Centrifugal machines (limited to industrial machines);
9. Roller machines (excluding sealed structures);
10. Injection molding machines (excluding those with clamping force of less than 294 KN);
11. Mobile elevated work platforms (limited to those loaded to a freight motor vehicle or a special motor vehicle referred to in subparagraph 3 or 4 of Article 3 of the Motor Vehicle Management Act);
12. Conveyors;
13. Industrial robot.
(2) The specific types, specifications, and models of machinery, etc. subject to safety inspections under Article 93 (1) of the Act shall be determined and publicly notified by the Minister of Employment and Labor.
- Article 94 (Issuance of Safety Inspection Certificates)
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(1) The Minister of Employment and Labor shall issue a safety inspection certificate to a business owner who passes a safety inspection referred to in Article 93 (1), as prescribed by Ordinance of the Ministry of Employment and Labor.
(2) A business owner who is issued a safety inspection certificate referred to in paragraph (1) shall affix it to his or her machinery, etc. subject to safety inspection.
- Article 95 (Prohibition on Using Machinery Subject to Safety Inspection)
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No business owner shall use any of the following machinery, etc. subject to safety inspection:
1. Machinery, etc. subject to safety inspection that has not undergone a safety inspection (excluding where a safety inspection is exempted under Article 93 (2));
2. Machinery, etc. subject to safety inspection that fails to pass a safety inspection.
- Article 96 (Safety Inspection Institutions)
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(1) The Minister of Employment and Labor may designate an institution to which safety inspections are entrusted as a safety inspection institution.
(2) Any person intending to be designated as a safety inspection institution under paragraph (1) shall apply for such designation to the Minister of Employment and Labor after meeting the requirements for human resources, facilities, equipment, etc. prescribed by Presidential Decree.
(3) The Minister of Employment and Labor may evaluate safety inspection institutions designated under paragraph (1) (hereinafter referred to as “safety inspection institution”), 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) The procedures for applying for designation as a safety inspection institution, and other necessary matters shall be prescribed by Presidential Decree.
(5) Article 21 (4) and (5) shall apply mutatis mutandis to safety inspection institutions. In such cases, “specialized safety management institution or specialized health management institution” shall be construed as "safety inspection institution".
Enforcement Ordinance
- Article 79 (Requirements for Designation of Safety Inspection Institutions)
In order for an institution to qualify to be designated as a safety inspection institution referred to in Article 96 (1) of the Act (hereinafter referred to as “safety inspection institution”), it shall be any of the following:
1. The Agency;
2. Any of the following entities that meet the standards for human resources, facilities and equipment specified in attached Table 24:
(a) A nonprofit corporation established to promote occupational safety and health or prevent industrial accidents;
(b) A public institution, defined in the Act on the Management of Public Institutions and established to certify and test machinery, equipment, etc. or for the research, development, education, and evaluation of manufacturing technology.
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.
- Article 97 (Obligation to Report of Safety Inspection Institutions)
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Where a safety inspection institution discovers machinery, etc. subject to safety inspection falling under any subparagraph of Article 95, it shall report such discovery to the Minister of Employment and Labor without delay.
- Article 98 (Safety Inspections under Voluntary Inspection Programs)
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(1) Notwithstanding Article 93 (1), where a business owner required to undergo a safety inspection under that paragraph determines an inspection program that satisfies the inspection standards prescribed in the former part of that paragraph, the frequency of inspection prescribed in paragraph (3) of that Article, etc. (hereinafter referred to as "voluntary inspection program") after consulting thereon with the representative of employees (excluding where no employee is employed); obtains approval thereof from the Minister of Employment and Labor; and undergoes the safety-related performance inspection of machinery, etc. subject to safety inspection according to the voluntary inspection program (hereinafter referred to as “voluntary safety inspection”) from any of the following persons, such business owner shall be deemed to have undergone a safety inspection:
1. A person who has qualifications and experience related to safety-related performance inspections as prescribed by Ordinance of the Ministry of Employment and Labor;
2. A person who has completed an educational course for safety-related performance inspections as prescribed by Ordinance of the Ministry of Employment and Labor, and has practical experience in the relevant field.
(2) The period of validity of a voluntary inspection program shall be two years.
(3) Any business owner who has undergone a voluntary safety inspection shall make and retain records on the results thereof.
(4) Any business owner intending to undergo a voluntary safety inspection may entrust a voluntary safety inspection to an inspection institution designated pursuant to Article 100 (hereinafter referred to as "voluntary safety inspection institution").
(5) The details to be included in a voluntary inspection program, the requirements for approving a voluntary inspection program, the methods and procedures for approving a voluntary inspection program, and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.
- Article 99 (Revocation of Approval of Voluntary Inspection Programs)
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(1) Where a person granted approval of a voluntary inspection program falls under any of the following subparagraphs, the Minister of Employment and Labor may revoke his or her approval of the voluntary inspection program or issue a corrective order requiring him or her to conduct an inspection according to the details of an approved voluntary inspection program: Provided, That in cases falling under subparagraph 1, such approval shall be revoked:
1. Where he or she has obtained approval of a voluntary inspection program by fraud or other improper means;
2. Where he or she has failed to conduct an inspection even after obtaining approval of a voluntary inspection program;
3. Where he or she has failed to conduct an inspection according to the details of an approved voluntary inspection program;
4. Where an inspection has not been conducted by a person prescribed in any subparagraph of Article 98 (1) or a voluntary safety inspection institution.
(2) No business owner shall use machinery, etc. subject to safety inspection which becomes subject to revocation of approval of a voluntary inspection program referred to in paragraph (1).
- Article 100 (Voluntary Safety Inspection Institutions)
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(1) Any person intending to become a voluntary safety inspection 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 voluntary safety inspection 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 voluntary safety inspection institutions, and other necessary matters shall be prescribed by Presidential Decree.
(4) Article 21 (4) and (5) shall apply mutatis mutandis to voluntary safety inspection institutions. In such cases, “specialized safety management institution or specialized health management institution” shall be construed as "voluntary safety inspection institution".
Enforcement Ordinance
- Article 81 (Requirements for Designation of Voluntary Safety Inspection Institutions)
Any person intending to be designated as a voluntary safety inspection institution referred to in Article 100 (1) of the Act (hereinafter referred to as “voluntary safety inspection institution”) shall meet the requirements for human resources, facilities, and equipment specified in attached Table 25.
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.
- Article 101 (Performance Tests)
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Where the Minister of Employment and Labor deems that damage has been caused, or is highly likely to be caused, to employees due to the deterioration of safety performance, etc. of machinery, etc. subject to safety certification or machinery, etc. subject to voluntary safety verification, he or she may investigate the product manufacturing process at a place of business manufacturing hazardous or dangerous machinery, etc., as prescribed by Presidential Decree; and collect hazardous or dangerous machinery, etc. manufactured, imported, transferred, lent, or displayed for sale or rent to conduct a performance test as to whether such machinery, etc. meet the safety certification standards or the voluntary safety standards.
Enforcement Ordinance
- Article 83 (Performance Tests)
(1) The investigation of manufacturing processes referred to in Article 101 of the Act is performed to test as to whether machinery, etc. subject to safety certification or machinery, etc. subject to voluntary safety verification has been manufactured according to the safety certification standards prescribed in Article 83 (1) of the Act or the voluntary safety standards prescribed in Article 89 (1) of the Act.
(2) Where the Minister of Employment and Labor tests the performance of harmful or dangerous machinery, etc. referred to in Article 83 (1) of the Act (hereinafter referred to as “harmful or dangerous machinery, etc.”) pursuant to Article 101 of the Act, he or she shall conduct performance test by collecting samples of harmful or dangerous machinery, etc. manufactured, imported, transferred, lent, or displayed for transfer or rent.
(3) Necessary matters concerning the procedures and methods for product manufacturing process investigation and performance test prescribed in paragraphs (1) and (2), and other relevant details shall be determined by Ordinance of the Ministry of Employment and Labor.
- Article 102 (Subsidies for Business Manufacturing Hazardous or Dangerous Machinery)
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(1) The Minister of Employment and Labor may provide any of the following persons with a subsidy necessary to improve the quality and safety of hazardous or dangerous machinery, etc. or his or her design and construction capabilities, etc. within the budget:
1. A person who manufactures a product deemed to require support to improve the safety of any of the following items:
(a) Machinery, etc. subject to safety certification;
(b) Machinery, etc. subject to voluntary safety verification;
(c) Any other hazardous or dangerous machinery, etc. causing frequent industrial accidents;
2. A person who designs and constructs facilities for improving a working environment.
(2) Any person who intends to receive a subsidy referred to in paragraph (1) shall be registered with the Minister of Employment and Labor after meeting the requirements for human resources, facilities, equipment, etc. prescribed by Ordinance of the Ministry of Employment and Labor.
(3) Where a person registered pursuant to paragraph (2) falls under any of the following, the Minister of Employment and Labor may revoke registration or restrict provision of subsidies prescribed in paragraph (1) for up to one year: Provided, That in cases falling under subparagraph 1, the registration shall be revoked:
1. Where he or she has been registered by fraud or other improper means;
2. Where he or she ceases to meet the registration requirements prescribed in paragraph (2);
3. Where his or her safety certification is revoked pursuant to Article 86 (1) 1.
(4) Where a person who has received a subsidy pursuant to paragraph (1) falls under any of the following, the Minister of Employment and Labor shall recover the amount of the subsidy or the amount equivalent thereto. In such cases, in cases falling under subparagraph 1, an amount not exceeding the amount equivalent to a subsidy may be collected additionally:
1. Where he or she has received a subsidy by fraud or other improper means;
2. Where he or she has used a subsidy for any purpose other than the purpose of subsidization prescribed in paragraph (1);
3. Where his or her registration has been revoked for falling under paragraph (3) 1.
(5) The Minister of Employment and Labor may ban a person whose registration is revoked under paragraph (3) from being registered under paragraph (2) for a specified period not exceeding two years from the date of such revocation.
(6) The details of subsidies prescribed in paragraphs (1) through (5); the procedures for registration, revoking registration, and recovering subsidies; the criteria for restricting registration; and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.
- Article 103 (Integrated Management of Information on Safety of Hazardous or Dangerous Machinery)
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(1) The Minister of Employment and Labor may perform integrated management of information on safety, including the current status of hazardous or dangerous machinery, etc. in each place of business and the history of safety inspections, and provide such information to safety certification institutions or safety inspection institutions.
(2) The Minister of Employment and Labor may request submission of data necessary for integrated management of information prescribed in paragraph (1) from safety certification institutions or safety inspection institutions, such as the current status of hazardous or dangerous machinery, etc. in each place of business and the history of safety inspections. In such cases, an institution in receipt of such request shall comply with it, unless there is a compelling reason not to do so.
(3) For the integrated management of information prescribed in paragraph (1), the Minister of Employment and Labor shall establish and operate an integrated information network for safety, containing the current status of hazardous or dangerous machinery, etc., the history of safety inspections, etc.
