Article 43 (Health Examination), Occupational Safety and Health Act, as last amended by Act No. 13906, Jan. 27, 2016

When an employer conducts regular health examination pursuant to the law, he/she can designate an institution for the check-up. Where any employee does not wish to undergo the health examination conducted by any health examination institution designated by the business owner, such employee may undergo the health examination corresponding thereto conducted by another health examination institution and submit written evidence of the results of his/her health examinations to the business owner.

Article 40 (Medical Examination), Food Sanitation Act, as last amended by Act No. 14476, Dec. 27, 2016

For those who engage in food or sanitation industry, an employer shall require the employee to submit a medical examination before he/she starts working.


*Occupational Safety and Health Act

Article 43 (Health Examination) (1) A business owner shall arrange for institutions designated by the Minister of Employment and Labor or institutions conducting health examination pursuant to the National Health Insurance Act (hereinafter referred to as "health examination institution") to conduct the health examination for employees in order to protect and maintain the health of his/her employees. In such cases, such health examinations shall be conducted in the presence of the representative of employees, if so requested by the representative of employees.

(2) Where deemed necessary for protecting the health of employees, the Minister of Employment and Labor may order a business owner to conduct a provisional health examination for specific employees or take other necessary matters.

(3) Each employee shall undergo health examinations provided by his/her business owner under paragraphs (1) and (2): Provided, That where any employee does not wish to undergo the health examination conducted by any health examination institution designated by the business owner, such employee may undergo the health examination corresponding thereto conducted by another health examination institution and submit written evidence of the results of his/her health examinations to the business owner.

(4) Where a health examination institution has conducted health examination under paragraphs (1) and (2), it shall notify the relevant employees and business owner of the results therof, and report them to the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor.

(5) Where deemed necessary for maintaining the health of employees, as a result of the health examinations pursuant to paragraphs (1) and (2) or other statutes, the business owner shall take appropriate measures, such as relocation of the place of business, conversion of work, reduction of working hours, restriction on night work (referring to work between 10:00 p.m. and 6:00 a.m.), undertaking working environment measurement, installation and improvement of facilities and equipment, etc.

(6) Upon request of the occupational health and safety committee under Article 19 or the representative of employees, a business owner shall directly explain the result of the health examination or have the health examination institution which have conducted the health examination explain the result of the health examination: Provided, That the result of the health examination of each employee may not be disclosed to the public without his/her consent.

(7) No business owner shall use the results of any health examination conducted under paragraphs (1) and (2) for any purpose other than the purpose of protecting and maintaining the health of employees.

(8) Necessary matters concerning the category, timing, frequency, item and cost of the health examinations and the designation and management of health examination institutions under paragraph (1), conducting provisional heath examinations under paragraph (2), proper measures under paragraph (5), and other matters necessary for conducting health examinations shall be prescribed by Ordinance of the Ministry of Employment and Labor.

(9) The Minister of Employment and Labor shall evaluate capabilities of a health examination institution to conduct the health examination and analysis in order to ensure the accuracy of and confidence in the health examination, and guide and educate them based on the results of the evaluation. In such cases, methods of evaluation, guidance and education and procedures therefor shall be determined and published by the Minister of Employment and Labor.

(10) The Minister of Employment and Labor may evaluate institutions designated by the Minister of Employment and Labor (including evaluations under paragraph (9)) under paragraph (1), from among health examination institutions in order to improve the health examination, and announce the results thereof. In such cases, necessary matters concerning the standards and methods of evaluation and methods of announcement shall be determined by Ordinance of the Ministry of Employment and Labor.

(11) Article 15-2 shall apply mutatis mutandis to institutions designated by the Minister of Employment and Labor pursuant to paragraph (1), from among health examination institutions. In such cases, “specialized safety management institution” shall be construed as “health examination institution.”

[This Article Wholly Amended by Act No. 9434, Feb. 6, 2009]

Food Sanitation Act

Article 40 (Medical Examination) (1) A business operator and his/her employees prescribed by Ordinance of the Prime Minister shall undergo medical examination: Provided, That where they undergo the same medical examination as that prescribed by other Acts and subordinate statutes, they shall be deemed to have undergone medical examination under this Act.

(2) No person, who is recognized to have a disease likely to cause harm to third persons as a result of medical examination under paragraph (1), shall be engaged in the relevant business.

(3) No business operator may order persons, who have failed to undergo medical examination, in violation of paragraph (1), or who have a disease likely to cause harm to third persons as a result of medical examination under paragraph (2), to work in the relevant business.

(4) Methods of conducting medical examination under paragraph (1) and the types of diseases likely to cause harm to third persons under paragraphs (2) and (3) shall be prescribed by Ordinance of the Prime Minister.