Sunteți pe pagina 1din 95

법령, 판례 등 모든 법령정보를 한 번에 검색 OK !

ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND


HEALTH ACT
[Enforcement Date 07. Jan, 2017.] [Presidential Decree No.27767, 06. Jan,
2017., Amendment by Other Act]

고용노동부 (산업보건과-교육, 건강검진, 석면)044-202-7746, 7739, 7738

법제처 국가법령정보센터
www.law.go.kr
2020.01.16
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH

ACT
[Enforcement Date 07. Jan, 2017.] [Presidential Decree No.27767, 06. Jan, 2017., Amendment by Other

Act]
고용노동부 (산업보건과-교육, 건강검진, 석면) 044-202-7746, 7739, 7738
고용노동부 (화학사고예방과-MSDS, PSM) 044-202-7758, 7754
고용노동부 (산업안전과-안전관리자, 인증) 044-202-7729, 7733
고용노동부 (산재예방정책과) 044-202-7690

Article 1 (Purpose)
The purpose of this Decree is to provide for matters delegated by the Occupational
Safety and Health Act and other matters necessary to implement the delegated
matters.
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 2 (Definitions)
The definitions of terms used in this Decree shall have the same meanings
prescribed in the Occupational Safety and Health Act (hereinafter referred to as the
"Act"), unless otherwise provided for in this Decree.
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 2-2 (Scope of Application, etc.) (1) The scope of those business or places of
business (hereinafter referred to as “business”) to which a part of the Act does
not apply pursuant to the proviso to Article 3 (1) and the scope of provisions of the
Act that do not apply to the relevant business shall be as listed in attached Table 1.
<Amended by Presidential Decree No. 24684, Aug. 6, 2013>
(2) The classification of the businesses in this Decree shall be in compliance with
the Korean Standard Industrial Classification Table publicly announced by the
Commissioner of Statistics Korea pursuant to the Statistics Act.
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 3 (Policy Measures for Preventing Accidents in Places of Business)

법제처 1 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

The Minister of Employment and Labor shall establish policies relating to research
and dissemination of techniques of preventing accidents, and health and safety
technology support and education, to prevent accidents in places of business
pursuant to Article 4 (1) 2 of the Act.<Amended by Presidential Decree No. 22269, Jul. 12,
2010; Presidential Decree No. 25251, Mar. 12, 2014>

[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 3-2 (Promotion of Health and Safety Management System, etc.) (1) The
Minister of Employment and Labor shall research and disseminate techniques that
businesses can apply to the operation of a voluntary safety and health management
system in order to establish a health and safety management system in each
business pursuant to Article 4 (1) 5 of the Act. <Amended by Presidential Decree
No. 22269, Jul. 12, 2010; Presidential Decree No. 23545, Jan. 26, 2012>
(2) The Minister of Employment and Labor shall prepare policies to enhance the
levels of the safety management and health management of the business in order to
establish the voluntary safety and health management systems thereof. <Amended
by Presidential Decree No. 22269. Jul. 12, 2010; Presidential Decree No. 24684,
Aug. 6, 2013>
(3) Matters necessary for the policies under paragraph (2) shall be determined by
the Minister of Employment and Labor. <Amended by Presidential Decree No.
22269, Jul. 12, 2010; Presidential Decree No. 24684, Aug. 6, 2013>
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 3-3 (Taking Measures to Raise Health and Safety Awareness) (1) The Minister
of Employment and Labor shall establish policies relating to each of the following
subparagraphs to raise awareness of health and safety under Article 4 (1) 6 of the
Act: <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
1. Establishment of an occupational health and safety awareness campaign period
and implementation of the campaign;
2. Promotion and dissemination of information about health and safety education;
3. Promotion, etc., of sound and independent activities by those related to health and
safety.

법제처 2 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

(2) Matters necessary for raising awareness of health and safety pursuant to
paragraph (1) shall be determined by the Minister of Employment and Labor.
<Amended by Presidential Decree No. 22269. Jul. 12, 2010>
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 3-4 (Promotion of Accident-Free Campaigns) (1) The Minister of


Employment and Labor shall establish policies relating to each of the following
subparagraphs to promote accident-free campaigns under Article 4 (1) 6 of the Act
efficiently: <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
1. Dissemination of accident-free campaigns at places of business and the
promotion methods thereof;
2. Promotion of accident-free campaigns, such as incentives, etc., to places of
business which have achieved the objective of the accident-free campaign.
(2) Matters necessary for promoting the policies prescribed in paragraph (1), such
as promotion methods for accident-free campaigns, shall be determined by the
Minister of Employment and Labor. <Amended by Presidential Decree No. 22269,
Jul. 12, 2010>
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 3-5 (Maintenance and Management of Investigations and Statistics)


The Minister of Employment and Labor shall investigate industrial accidents and
maintain and manage statistics thereon pursuant to Article 4 (1) 8 of the Act in order
to prevent industrial accidents.<Amended by Presidential Decree No. 22269. Jul. 12, 2010>
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 3-6 (Implementation of Health Promotion Projects, etc.) (1) The Minister of
Employment and Labor shall establish policies to efficiently implement the following
matters to protect and improve workers' health pursuant to Article 4 (1) 10 of the
Act: <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
1. Dissemination and popularization of projects to improve workers' health;
2. Creation of a clean working environment for workers.
(2) Matters necessary for implementing the policies referred to in paragraph (1)
shall be prescribed by the Minister of Employment and Labor. <Amended by
Presidential Decree No. 22269, Jul. 12, 2010>

법제처 3 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 3-7 (Cooperation by Business Owners, etc.)


Business owners, employees, or other related associations shall cooperate by
actively taking part in national policies referred to in Articles 3 and 3-2 through 3-
6.
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Articles 4 through 8-3 Deleted.<by Presidential Decree No. 22061, Feb. 24, 2010>

Article 8-4 (Place of Business subject to Publication) (1) "Place of Business


prescribed by Presidential Decree" in Article 9-2 (1) of the Act means any of the
following places of business: <Amended by Presidential Decree No. 27559, Oct. 27,
2016>
1. Place of business where a serious accident has occurred and its annual industrial
accident rate in the occurrence year of such serious accident is equal to or higher
than the average annul industrial accident rate of the places of business belonging
to the same category and scale of business;
2. Place of Business where two or more deaths have occurred per year due to
industrial accidents and where the death rate per ten thousand (referring to the
calculation of the number of death per ten thousand full-time workers per year) is
equal to or exceeding the average death rate per ten thousand of the places of
business of the same category and scale of business;
3. Place of Business that has failed to report the occurrence of any industrial
accident as required under Article 10 of the Act two times or more in the last three
years;
4. Place of business where any serious industrial accident provided for in Article
49-2 (1) of the Act has occurred.
(2) Where an employee of the contractor suffers an industrial accident because the
business owner who is the contractee under Article 29 (1) of the Act violates the
duty to take measures to prevent industrial accidents under paragraph (3) of that
Article, and the place of business of the contractor falls under any subparagraph of
paragraph (1) (excluding a place of business referred to subparagraph 3), the
Minister of Employment and Labor may publish the number of occurrences of

법제처 4 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

industrial accidents in place of business of the contractee where such accident has
occurred at the same time when publishing the number of occurrences of industrial
accidents in the place of business of the contractor. <Newly Inserted by Presidential
Decree No. 27559, Oct. 27, 2016>
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 9 (Assignment, etc., of Persons in Charge of Health and Safety Management)


(1) The kinds and scales of the business to which a person in charge of safety and
health management (hereinafter referred to as "person in charge of management") is
to be assigned pursuant to Article 13 (3) of the Act, shall be as prescribed in
attached Table 1-2. <Amended by Presidential Decree No. 22269, Jul. 12, 2010;
Presidential Decree No. 24684, Aug. 6, 2013>
(2) A person in charge of management pursuant to paragraph (1) shall be a person
who actually takes overall control and management of the business concerned.
<Amended by Presidential Decree No. 24684, Aug. 6, 2013>
(3) A business owner shall give a person in charge of management authorities
necessary for performing the duties under the subparagraphs of Article 13 (1) of the
Act. <Newly Inserted by Presidential Decree No. 25251, Mar. 12, 2014>
(4) When a business owner has appointed a person in charge of management, he/she
shall keep the documents verifying his/her appointment and the details of the
performance of the duties under the subparagraphs of Article 13 (1). <Amended by
Presidential Decree No. 24684, Aug. 6, 2013; Presidential Decree No. 25251, Mar.
12, 2014 >
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 10 (Duties of Supervisor) (1) The phrase "duties prescribed by Presidential


Decree such as safety and health checkup" in the main sentence of Article 14 (1) of
the Act means the following duties: <Amended by Presidential Decree No. 22269,
Jul. 12, 2010; Presidential Decree No. 22496, Nov. 18, 2010; Presidential Decree
No. 25251, Mar. 12, 2014; Presidential Decree No. 27559, Oct. 27, 2016>
1. Safety and health checkup on the machinery, apparatus or equipment related to
such work (hereafter referred to as “the relevant work” in this Article) as
commanded and supervised by the supervisor in the place of business, and

법제처 5 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

confirmation of whether or not there is any abnormality in such machinery,


apparatus or equipment;
2. Checkup on working clothes, and protective devices and safeguard devices of
employees who are under the supervision of a managerial supervisor, and
instruction and guidance on their wearing and use;
3. Reporting of industrial accidents occurring in the relevant work, and emergency
measures taken against them;
4. Arrangement of work sites of the relevant work, and confirmation and supervision
of securing of passages to such work sites;
5. Cooperation on the guidance and advice of the following persons in the relevant
place of business:
(a) Occupational health doctor;
(b) Safety officer [in case of a place of business which entrusts the business
affairs of a safety officer pursuant to Article 15 (4) of the Act to a specialized
safety management institution under the same paragraph (hereinafter referred to
as “specialized safety management institution”), referring to the person in
charge of the relevant place of business of such specialized institution];
(c) Health officer [in case of a place of business which entrusts the business
affairs of a health officer pursuant to Article 16 (3) of the Act to a specialized
health management institution under Article 15 (4) of the Act (hereinafter
referred to as “specialized health management institution”) which shall apply
mutatis mutandis pursuant to Article 16 (3) of the Act, referring to the person in
charge of the relevant place of business of such specialized institution];
(d) Persons in charge of safety and health management (in case of a place of
business which entrusts the business affairs of the person in charge of safety
and health management to a specialized safety management institution or a
specialized health management institution pursuant to Article 16-3 (3) of the
Act, referring to the person in charge of the relevant place of business of such
specialized institution);
6. Confirmation of harmful and dangerous factors caused by business affairs for the
assessment of danger under Article 41-2 of the Act and Implementation of
improvement measures based on the results of such confirmation;

법제처 6 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

7. Other matters concerning safety and health of the relevant work which are
prescribed by Ordinance of the Ministry of Employment and Labor.
(2) A business owner shall grant a supervisor the authority necessary for
performing the duties prescribed in paragraph (1) and provide him/her with facilities,
equipment, financial support and other matters necessary for carrying out his/her
duties.
(3) "Work prescribed by Presidential Decree" in the proviso to Article 14 (1) of the
Act shall be as specified in attached Table 2.
(4) "Duties concerning safety and health prescribed by Presidential Decree, such as
providing his/her employees with special education" in the proviso to Article 14 (1)
of the Act means the following duties: <Amended by Presidential Decree No. 22269,
Jul. 12, 2010; Presidential Decree No. 22496, Nov. 18, 2010>
1. Education on safety, among special educations conducted when assigning
employees to harmful or dangerous work pursuant to Article 31 (3) of the Act;
2. Performance testing on safety of harmful and dangerous machinery, etc. under
Article 36-2 (1) of the Act (limited to cases where the managerial supervisor is a
person falling under any subparagraph of Article 36-2 (2) of the Act);
3. Other duties to prevent harm or danger in the nature of the relevant work, which
is determined by Ordinance of the Minister of Employment and Labor.
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

[Enforcement Date]: Dates referred to in the following subparagraphs in case of the


amended provisions of Article 1:
1. Place of business where at least 30 but less than 50 full-time workers are
employed: September 1, 2018;
2. Place of business where at least 20 but less than 30 full-time workers are
employed: September 1, 2019.

Article 11 Deleted. <by Presidential Decree No. 19691, Sep. 22, 2006>

Article 12 (Appointment, etc., of Safety Officers) (1) The kind and scale of businesses
to which safety officers are to be assigned, and the number of safety officers and the
method of designation of safety officers pursuant to Article 15 (2) of the Act shall be
as specified in attached Table 3.

법제처 7 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

(2) From among businesses under paragraph (1), a place of business that employs
not less than 300 full-time workers [in cases of construction business, referring to a
place of business with the value of construction work exceeding 12 billion won (15
billion won in cases of civil engineering work as shown in attached Table 1 of the
Enforcement Decree of the Framework Act on the Construction Industry) or a place
of business employing not less than 300 full-time workers] shall appoint a safety
officer exclusively in charge of duties stipulated in Article 15 (1) of the Act and each
subparagraph of Article 13 (1) of this Decree. <Amended by Presidential Decree No.
25251, Mar. 12, 2014>
(3) In applying paragraphs (1) and (2) to businesses referred to in Article 18 (1) of
the Act, the value of the contracted construction work which is carried on at the
same place as the business in question, or the number of full-time workers
employed by the contractor (including the subcontractor; hereinafter the same shall
apply) shall be deemed the amount of construction work or the number of workers of
the business concerned, respectively: Provided, That this shall not apply where the
value of contracted construction work, or the number of workers of a contractor,
falls under attached Table 3.
(4) Notwithstanding paragraph (1), where not less than two places of business run
by the same business owner fall under any of the following cases, one joint safety
officer may be assigned to the said places of business. In such cases, the total
number of workers on full-time payroll of the relevant places of business shall be
not more than 300: <Amended by Presidential Decree No. 22496, Nov. 18, 2010>
1. Where such places of business are located in the same Si/Gun/Gu (referring to an
autonomous Gu);
2. Where such places of business are located within 15 kilometers from the
boundary of each place of business.
(5) Notwithstanding paragraphs (1) through (3), where the business owner who is a
contractor appoints a safety officer in exclusive charge of safety management for
workers of the subcontractor, as determined by Ordinance of the Ministry of
Employment and Labor, the safety officer of the subcontractor may not be appointed.
<Amended by Presidential Decree No. 22269, Jul. 12, 2010>

법제처 8 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

(6) Where any business owner appoints a safety officer or entrusts the business of
the safety officer to a specialized safety management institution under Article 15 (4)
of the Act, he/she shall submit a document attesting such appointment or such
entrustment to the Minister of Employment and Labor, as prescribed by Ordinance of
the Ministry of Employment and Labor within 14 days from the date of such
appointment or entrustment. This shall also apply where a safety officer is
reappointed pursuant to Article 15 (3) of the Act. <Amended by Presidential Decree
No. 22269. Jul. 12, 2010; Presidential Decree No. 25251, Mar. 12, 2014>
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 13 (Duties, etc., of Safety Officers) (1) Each safety officer shall perform the
following duties pursuant to Article 15 (2) of the Act: <Amended by Presidential
Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23545, Jan. 26, 2012;
Presidential Decree No. 25251, Mar. 12, 2014>
1. Duties that the occupational health and safety committee under Article 19 (1) of
the Act or a labor-management council on safety and health under Article 29-2
(1) of the Act has deliberated on and determined, and duties prescribed by the
health and safety management regulations of the relevant place of work pursuant to
Article 20 (1) of the Act (hereinafter referred to as "health and safety management
regulations") and rules of employment;
2. Assistance to, and guidance and advice on the selection of appropriate products in
purchasing machinery, apparatuses, etc., subject to safety certification under the
main sentence of Article 34 (2) of the Act (hereinafter referred to as "machinery,
apparatuses, etc., subject to safety certification") and machinery, apparatuses, etc.,
subject to voluntary safety confirmation under the main sentence, other than the
part of the subparagraphs, of Article 35 (1) of the Act (hereinafter referred to as
"machinery, apparatuses, etc., subject to voluntary safety confirmation");
2-2. Assistance to, and guidance and advice on the assessment of danger under
Article 41-2 of the Act;
3. Assistance to, and guidance and advice on the formulation and implementation of a
safety education plan at the relevant place of business;
4. Routine inspections of the place of business concerned, guidance and
representation of opinions on the measures to be taken;

법제처 9 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

5. Investigation and analysis of the cause of industrial accidents, and technical


assistance to, and guidance and advice on the prevention of their recurrence;
6. Assistance to, and guidance and advice on the maintenance, management and
analysis of statistics on industrial accidents;
7. Assistance to, and guidance and advice on the implementation of those matters
concerning safety determined by the Act or an order issued under the Act;
8. Record and maintenance of performance of duties;
9. Other matters specified by the Minister of Employment and Labor for safety.
(2) In stationing a safety officer, a business owner shall consider a form of the work
in the relevant place of business, such as overtime, night and holiday work.
(3) In order to perform safety management smoothly, a business owner may hire an
external expert for evaluation and instruction. <Newly Inserted by Presidential
Decree No. 23545, Jan. 26, 2012>
(4) A safety officer shall cooperate with health officers in performing any duty
provided for in paragraph (1). <Newly Inserted by Presidential Decree No. 23545,
Jan. 26, 2012; Presidential Decree No. 25251, Mar. 12, 2014>
(5) Article 10 (2) shall apply mutatis mutandis to safety officers. <Amended by
Presidential Decree No. 23545, Jan. 26, 2012>
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 14 (Qualification of Safety Officers)


The qualifications of safety officers pursuant to Article15 (2) of the Act shall be as
specified in attached Table 4.
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 15 (Entrustment, etc., of Safety Management Affairs) (1) The kind and scale of
businesses of which the duties of a safety officer can be entrusted to a specialized
safety management institution pursuant to Article 15 (4) of the Act shall be
businesses, except for construction business, employing less than 300 full-time
workers. <Amended by Presidential Decree No. 25251, Mar. 12, 2014>
(2) Where any business owner entrusts the duties of a safety officer to a
specialized safety management institution in accordance with paragraph (1), such
specialized safety management institution shall be deemed a safety officer provided

법제처 10 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

for in Article 12 (1). <Amended by Presidential Decree No. 25251, Mar. 12, 2014>
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 15-2 (Requirements for Designation of Safety Management Agencies)


A person who may be designated as a specialized safety management institution
pursuant to Article 15 (4) of the Act shall be any of the following persons with
human resources, facilities, and equipment prescribed by Ordinance of the Ministry
of Employment and Labor:<Amended by Presidential Decree No. 25251, Mar. 12, 2014>
1. An occupational safety instructor registered pursuant to Article 52-4 of the Act
(excluding an occupational safety instructor in construction safety);
2. A corporation that intends to provide safety management services.
[This Article Wholly Amended by Presidential Decree No. 23545, Jan. 26, 2012]

Article 15-3 (Application, etc., for Designation of Safety Management Agencies) (1)
A person who intends to be designated as a specialized safety management
institution pursuant to Article 15 (4) of the Act shall submit a written application for
designation of a specialized safety management institution to the Minister of
Employment and Labor, as prescribed by Ordinance of the Ministry of Employment
and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential
Decree No. 25251, Mar. 12, 2014>
(2) Where a specialized safety management institution intends to alterate any of the
designated matters, it shall submit a written application for alteration of the
specialized safety management institution to the Minister of Employment and Labor,
as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by
Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 25251, Mar.
12, 2014>
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 15-4 Deleted. <by Presidential Decree No. 15372, May 16, 1997>

Article 15-5 (Grounds for Revocation, etc., of Designation of Specialized Safety


Management Institutions)
“Where any other ground specified by Presidential Decree exists" referred to in
Article 15-2 (1) 5 of the Act refers to the following cases:<Amended by Presidential

법제처 11 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

Decree No. 23545, Jan. 26, 2012; Presidential Decree No. 25251, Mar. 12, 2014>

1. In cases of receiving an entrustment fee without providing safety management


services, or making a false entry in documents concerning entrustment of safety
management services;
2. In cases of refusing to be entrusted with safety management services without any
justifiable ground;
3. In cases of frustrating or neglecting the delegated safety management services;
4. In cases of otherwise violating the Act or an order pursuant to the Act.
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 15-6 (Standards for Calculation of Penalty Surcharges)


The standards for the imposition of penalty surcharges according to the period of
suspension of business operation under Article 15-3 (3) of the Act are prescribed in
attached Table 4-2.
[This Article Wholly Amended by Presidential Decree No. 23545, Jan. 26, 2012]

Article 15-7 (Imposition and Payment of Penalty Surcharges) (1) Where the Minister
of Employment and Labor intends to impose a penalty surcharge pursuant to Article
15-3 (1) of the Act, he/she shall notify it in writing detailing the kind of the relevant
violation, amount of the relevant penalty surcharge, etc. <Amended by Presidential
Decree No. 22269, Jul. 12, 2010>
(2) A person who receives a notice pursuant to paragraph (1) shall pay a penalty
surcharge to the receiving agency designated by the Minister of Employment and
Labor within 30 days from the date on which he/she has received such notice:
Provided, That where it is impossible to pay the penalty surcharge within the
specified period due to natural calamity or other unavoidable reasons, he/she shall
pay it within 15 days from the date such reasons ceases to exist. <Amended by
Presidential Decree No. 22269, Jul. 12, 2010>
(3) A receiving agency which has received the penalty surcharge pursuant to
paragraph (2) shall issue a receipt to the payer.
(4) Where the receiving agency has received the penalty surcharge pursuant to
paragraph (2), it shall promptly notify the Minister of Employment and Labor of the
fact. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

법제처 12 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

(5) No penalty surcharge shall be paid in installment.


[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 16 (Appointment, etc., of Health Officers) (1) The kind and scale of business
to which a health officer is to be appointed pursuant to Article 16 (2) of the Act, and
the number and method of designation of health officers shall be as listed in attached
Table 5.
(2) The place of business prescribed in paragraph (1) shall appoint a health officer
taking exclusive charge of the duties prescribed in Article 16 (1) of the Act and
Article 17 (1) of this Decree in the place of business: Provided, That the health
officer, in the place of business employing less than 300 full-time workers, may
concurrently engage in other business unless it interferes with the health
management business. <Amended by Presidential Decree No. 25251, Mar. 12,
2014>
(3) Article 12 (3) through (6) shall apply mutatis mutandis to the appointment, etc.,
of health officers. In such cases, a “safety officer” shall be construed as a “health
officer,” “safety management” as “health management,” and a “specialized
safety management institution” as a “specialized health management institution.”
<Amended by Presidential Decree No. 26985, Feb. 17, 2016>
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 17 (Duties, etc., of Health Officers) (1) Each health officer shall perform the
following duties pursuant to Article 16 (2) of the Act: <Amended by Presidential
Decree No. 23545, Jan. 26, 2012; Presidential Decree No. 25251, Mar. 12, 2014>
1. Duties that the occupational health and safety committee set forth in Article 19
(1) of the Act has deliberated on and determined, and duties prescribed in the
health and safety management regulations and the rules of employment;
2. Assistance to, and advice and guidance on selection of appropriate products in
purchasing protectors related to health, among the machinery, apparatuses, etc.,
which are subject to safety certification, or to voluntary safety confirmation;
3. Assistance to, and advice and guidance on the posting or keeping of data on
safety and health in handling substances which is prepared pursuant to Article 41
of the Act;

법제처 13 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

4. Assistance to, and advice and guidance on data the assessment of danger under
Article 41-2 of the Act;
5. Obligations of occupational health doctors prescribed in Article 22 (1) (limited to
cases where a health officer falls under subparagraph 1 of attached Table 6);
6. Assistance to, and advice and guidance on the formulation of plans on health
education and the conduct thereof at the place of business concerned;
7. Any of the following medical practices to protect workers at the relevant place of
business (limited to cases where a health officer falls under any of subparagraphs
1 and 2 of attached Table 6):
(a) Treatment of frequently occurring minor injuries, such as external wounds;
(b) Emergency treatment, where necessary;
(c) Treatment to prevent injuries or diseases from worsening;
(d) Recuperation guidance and management for those who are found to have health
trouble after a medical checkup;
(e) Administration of medicines required in carrying out the medical practices
prescribed in items (a) through (d);
8. Assistance to and advice on the inspection of facilities, such as general ventilators
and local air exhausters, etc., used inside the place of business, and the technical
improvement of working method;
9. Routine inspections of the place of business concerned, guidance and
recommendation of safety measures;
10. Investigation into and analysis of the cause of industrial accidents and provision
of technical assistance to and advice and guidance on prevention of the
reoccurrence;
11. Assistance to, and advice and guidance on the maintenance, management and
analysis of statistics on industrial accidents;
12. Assistance to, and advice and guidance on, the implementation of such affairs
concerning health as determined by the Act, or by any order issued under the Act;
13. Keeping and maintenance of records of performance of duties;
14. Other matters concerning the management of operations and working conditions.
(2) A health officer shall cooperate with safety officers in performing any duty
provided for in paragraph (1). <Newly Inserted by Presidential Decree No. 23545,

법제처 14 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

Jan. 26, 2012; Presidential Decree No. 25251, Mar. 12, 2014>
(3) Articles 10 (2) and 13 (2) and (3) shall apply mutatis mutandis to health
officers. In such cases, equipment and tools to be supplied for health officers shall be
specified by Ordinance of the Ministry of Employment and Labor. <Amended by
Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23545, Jan.
26, 2012>
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 18 (Qualifications of Health Officers)


The qualifications of health officers pursuant to Article 16 (2) of the Act shall be as
specified in attached Table 6.
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 19 (Entrustment, etc., of Health Management Business) (1) Specialized health


management institutions which are entitled to be entrusted with the business of
health officers under Article 16 (3) of the Act may be categorized into regional
specialized health management institutions by region and specialized health
management institutions by industry or by harmful factor. <Amended by Presidential
Decree No. 25251, Mar. 12, 2014>
(2) The business which is entitled to entrust the business of health officers to a
specialized health management institution shall be as follows: <Amended by
Presidential Decree No. 26985, Feb. 17, 2016>
1. Business other than construction business, in which less than 300 full-time
workers are employed;
2. Business which is located in a remote area determined by the Minister of
Employment and Labor.
(3) The kinds of business which is entitled to entrust the business of health officers
to a specialized health management institution by industry or by harmful factor under
paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and
Labor. <Amended by Presidential Decree No. 22269. Jul. 12, 2010; Presidential
Decree No. 25251, Mar. 12, 2014>
(4) Article 15 (2) shall apply mutatis mutandis to the entrustment of health
management business.

법제처 15 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 19-2 (Requirements for Designation of Health Management Agencies)


In order to be qualified for being designated as a specialized health management
institution under Article 16 (3) of the Act, a person shall fall under any of the
following subparagraphs, and shall satisfy prerequisites specified by Ordinance of the
Ministry of Employment and Labor for human resources, facilities and equipment:
<Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23545, Jan. 26,

2012; Presidential Decree No. 25251, Mar. 12, 2014>

1. An occupational health instructor registered pursuant to Article 52-4 of the Act;


2. An agency affiliated to the State or a local government;
3. A general hospital or a hospital, defined in the Medical Service Act;
4. A university or an institution affiliated to a university, defined in any provision of
subparagraphs 1 through 6 of Article 2 of the Higher Education Act;
5. A legal entity that intends to provide health management services.
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 19-3 (Application Mutatis Mutandis)


Articles 15-3 and 15-5 through 15-7 shall apply mutatis mutandis to specialized
health management institutions.<Amended by Presidential Decree No. 25251, Mar. 12, 2014>
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 19-4 (Appointment, etc. of Persons in Charge of Safety and Health


Management) (1) Pursuant to Article 16-3 (1) of the Act, the business owner
whose business falls under any of the following shall appoint at least one person in
charge of safety and health management at a place of business, the number of full-
time employees of which is at least 20 but less than 50:
1. Manufacturing business;
2. Forestry;
3. Sewage and waste disposal, raw material recycling and environment restoration
business.
(2) A person in charge of safety and health management shall be an employee
belonging to the relevant place of business and meet any of the following
requirements:

법제처 16 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

1. To be qualified for a safety officer under Article 14;


2. To be qualified for a health officer under Article 18;
3. To complete the education on safety and health recognized by the Minister of
Employment and Labor;
(3) A person in charge of safety and health management may concurrently perform
other duties to the extent not hindering the duties of safety and health management.
(4) Where a business owner appoints a person in charge of safety and health
management pursuant to paragraph (1), he/she shall keep documents verifying the
fact of such appointment and the performance by such person of the duties referred
to in each subparagraph of Article 19-5 (1).
(5) Matters necessary for concerning the timing, content, method, etc. of education
on safety and health under paragraph (2) 3 shall be determined and publicly notified
by the Minister of Employment and Labor.
[This Article Newly Inserted by Presidential Decree No. 27559, Oct. 27, 2016]

[Enforcement Date]: Dates referred to in the following subparagraphs in case of the


amended provisions of Article 19-4:
1. Places of business to which at least 30 but less than 50 full-time employees are
assigned: September 1, 2018;
2. Places of business to which at least 20 but less than 30 employees are assigned:
September 1, 2019.

Article 19-5 (Duties of Persons in Charge of Safety and Health Management)


The duties of persons in charge of safety and health management under Article 16-3
(1) of the Act shall be as follows:
1. Assistance, advice and guidance concerning the conduct of education on safety
and health under Article 31 of the Act;
2. Assistance, advice and guidance concerning the assessment of danger under
Article 41-2 of the Act;
3. Assistance, advice and guidance concerning the assessment of measurement and
the improvement of working environment under Article 42 of the Act;
4. Assistance, advice and guidance concerning health examination under Article 43
of the Act;

법제처 17 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

5. Assistance, advice and guidance for investigating causes for the occurrence of
industrial accidents and recording and maintaining statistics on industrial accidents
Article 42 of the Act;
6. Assistance, advice and guidance concerning selection of appropriate products
when purchasing safety devices and protective devices related to industrial safety
and health.
[This Article Newly Inserted by Presidential Decree No. 27559, Oct. 27, 2016]

[Enforcement Date]: Dates referred to in the following subparagraphs in case of the


amended provisions of Article 19-5:
1. Places of business to which at least 30 but less than 50 full-time employees are
assigned: September 1, 2018;
2. Places of business to which at least 20 but less than 30 employees are assigned:
September 1, 2019.

Article 19-6 (Entrustment, etc. of Duties of Persons in Charge of Safety and Health
Management) (1) A business owner who is required to appoint a person in charge
of safety and health management pursuant to Article 19-4 (1) may entrust the
duties of the person in charge of safety and health management to a specialized
safety management institution or a specialized health management institution
pursuant to Article 15 (4) of the Act which shall apply mutatis mutandis pursuant to
Article 16-3 (3) of the Act.
(2) Where a business owner entrusts the duties of a person in charge of safety and
health management to a specialized safety management institution or a specialized
health management institution pursuant to paragraph (1), such institution shall be
deemed a person in charge of safety and health management under Article 19-4 (1)
of the Act.
[This Article Newly Inserted by Presidential Decree No. 27559, Oct. 27, 2016]

[Enforcement Date]: Dates referred to in the following subparagraphs in case of the


amended provisions of Article 19-6:
1. Places of business to which at least 30 but less than 50 full-time employees are
assigned: September 1, 2018;
2. Places of business to which at least 20 but less than 30 employees are assigned:
September 1, 2019.

법제처 18 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

Article 20 (Appointment, etc., of Occupational Health Doctors) (1) The business to


which an occupational health doctor is to be appointed pursuant to Article 17 (2) of
the Act shall be those employing not less than 50 full-time workers and appointing a
health officer who is not a doctor: Provided, That the business which has entrusted
the duties of a health officer to a specialized health management institution pursuant
to Article 19, is not required to appoint an occupational health doctor. <Amended by
Presidential Decree No. 25251, Mar. 12, 2014>
(2) An occupational health doctor prescribed in paragraph (1) may be commissioned
from outside of the place of business. In such cases, the occupational health doctor
commissioned shall carry out the duties of the occupational health doctor prescribed
in Article 22.
(3) Where a business owner appoints an occupational health doctor, the business
owner shall submit to the Minister of Employment and Labor documents proving such
fact within 14 days after the date of appointment, as prescribed by Ordinance of the
Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269,
Jul. 12, 2010>
(4) The number of places of business and number of workers being managed by
occupational health doctors commissioned pursuant to paragraph (2) and other
matters necessary for his/her appointment shall be determined by the Minister of
Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12,
2010>
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 21 (Qualification for Occupational Health Doctors)


In order to be qualified for an occupational health doctor, defined in Article 17 (2) of
the Act, a person shall be a medical doctor, defined in the Medical Service Act, who
shall be a specialist either in working environment or in preventive medicine or who
shall have abundant knowledge and experience in occupational health.<Amended by
Presidential Decree No. 23545, Jan. 26, 2012>

[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 22 (Duties, etc., of Occupational Health Doctors) (1) An occupational health


doctor shall carry out the following duties pur- suant to Article 17 (2) of the Act:

법제처 19 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

<Amended by Presidential Decree No. 22269, Jul. 12, 2010>


1. Review of the results of the health examinations pursuant to Article 43 of the Act,
and taking appropriate measures for the workers' health following the results,
including work arrangements, work conversions, and reduction of working hours;
2. Investigation into the cause of workers' medical problems and medical treatment
to prevent recurrence;
3. Other matters concerning medical care necessary for maintenance and promotion
of workers' health as determined by the Minister of Employment and Labor.
(2) A business owner shall grant an occupational health doctor the necessary
authority to perform the duties prescribed in paragraph (1).
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 23 (Projects Requiring Designation of Persons in General Charge of Safety and


Health)
The phrase "business specified by Presidential Decree" in the former part of the part
other than the subparagraphs of Article 18 (1) of the Act refers to business, in which
full-time workers, including those employed by contractors and subcontractors, are
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 the business of construction of which the total construction cost, including
the cost of construction works awarded to contractors and subcontractors, amounts
to at least two billion won: <Amended by Presidential Decree No. 23545, Jan. 26, 2012;
Presidential Decree No. 25251, Mar. 12, 2014>

1. through 7. Deleted.<by Presidential Decree No. 25251, Mar. 12, 2014>


[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 24 (Duties, etc., of Persons in General Charge of Safety and Health) (1)
Pursuant to Article 18 (3) of the Act, a person in general charge of safety and health
shall perform the following duties: <Amended by Presidential Decree No. 23545,
Jan. 26, 2012; Presidential Decree No. 25251, Mar. 12, 2014>
1. Suspension and resumption of the work prescribed in Article 26 of the Act;
2. Measures for safety and health in contracted projects as referred to in Article 29
(2) of the Act;

법제처 20 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

3. Supervision of spending of occupational health and safety management expenses


by a contractor, and consultations and coordination among contractors with respect
to the spending of such expenses under Article 30 of the Act;
4. Confirmation as to whether machinery, apparatuses, etc., subject to safety
certification and machinery, apparatuses, etc., subject to voluntary safety
confirmation are used;
5. Matters concerning the conduct of the assessment of danger under Article 41-2
of the Act.
(2) Article 9 (3) and (4) shall apply mutatis mutandis to persons in general charge
of health and safety. In such cases, “a person in charge of management” shall be
construed as “persons in general charge of health and safety,” and “each
subparagraph of Article 13 (1) of the Act” as “paragraph (1),” respectively.
<Amended by Presidential Decree No. 25251, Mar. 12, 2014>
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 25 (Those Obliged to Establish Occupational Health and Safety Committee)


The businesses which are obliged to establish and operate an occupational health and
safety committee pursuant to Article 19 (8) of the Act shall be listed in the attached
Table 6-2.<Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No.
24684, Aug. 6, 2013>

1. and 2. Deleted.<by Presidential Decree No. 24684, Aug. 6, 2013>


[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 25-2 (Composition of Occupational Health and Safety Committee) (1) The
members representing workers of each occupational health and safety committee are
as follows:
1. The representative of workers (referring to the representative of a labor union if
such labor union is organized by the majority of workers, or a person representing
the majority of workers if such labor union does not exist, or the representative of
an affiliated labor association of a unit trade union which is organized by the
majority of workers of the place of business regardless of the names of the branch
or chapter of the association; hereinafter the same shall apply);

법제처 21 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

2. One or more honorary occupational safety inspectors designated by the


representative of workers of a place of business where honorary occupational
safety supervisors are commissioned under Article 61-2 of the Act (hereinafter
referred to as "honorary inspector");
3. Nine or less workers of the place of business appointed by the representative of
workers (excluding the number of honorary inspectors who are designated as
members representing workers).
(2) The members representing employers of each occupational health and safety
committee are as follows: Provided, That in a place of business where at least 50 but
not more than 100 workers are employed, the occupational health and safety
committee may be organized, with those persons falling under subparagraph 5
excluded: <Amended by Presidential Decree No. 24684, Aug. 6, 2013; Presidential
Decree No. 25251, Mar. 12, 2014>
1. The representative of the relevant business (referring to the highest person
responsible for that place of business if the same business has several places of
business located in different regions; hereinafter the same shall apply);
2. One safety officer (limited to the place of business that must assign a safety
officer pursuant to Article 12 (1); in the case of a place of business that entrusts
any specialized safety management institution with duties of the safety officer,
referring to a person in charge of safety management for that place of business in
the said specialized institution);
3. One health officer (limited to the place of business that must assign a health
officer pursuant to Article 16 (1); in the case of a place of business that entrusts
any specialized health management institution with duties of the health officer,
referring to a person in charge of health management for that place of business in
the said specialized institution);
4. The occupational health doctor (limited to cases where he/she is assigned to the
place of business concerned);
5. Not more than nine chiefs of departments, designated by the representative of the
relevant business.
(3) Notwithstanding paragraphs (1) and (2), where the owner of a construction
project awards contracts to contractors for a part of the project and organizes a

법제처 22 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

council on safety and health pursuant to Article 29 (2) 1 of the Act, the owner may
organize an occupational health and safety committee with the following persons
within the council: <Amended by Presidential Decree No. 23545, Jan. 26, 2012>
1. Safety officers, as members representing employers;
2. The representative of workers, who is also a member representing workers, for
all projects including contract and subcontract, an honorary occupational safety
inspector, and a worker of the relevant place of business who is designated by the
representative of workers.
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 25-3 (Chairperson)


The chairperson of an occupational health and safety committee shall be elected from
among the committee's members. In such cases, two co-chairpersons may be
elected each from among members representing workers and members representing
employers.
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 25-4 (Meetings, etc.) (1) Meetings of the occupational health and safety
committee shall be classified into regular meetings and special meetings, and a
regular meeting shall be convened by the chairperson on a quarterly basis, while a
special meeting shall be convened by the chairperson whenever deemed necessary.
<Amended by Presidential Decree No. 23545, Jan. 26, 2012>
(2) The meetings shall be held with the attendance of a majority of members
representing workers and members representing employers, respectively, and
resolutions on matters shall be passed by affirmative votes of a majority of those
present.
(3) Where the representative of workers, the honorary occupational safety
inspector, the representative of the relevant business, the safety officer or the health
officer is unable to attend a meeting, he/she may designate one person from among
those engaged in the relevant business to act for him/her.
(4) The occupational health and safety committee shall prepare and keep a minute
containing the following matters:

법제처 23 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

1. Date, time and venue of session;


2. Number of members present;
3. Details of deliberation, resolutions and decisions;
4. Other matters discussed.
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 25-5 (Disposal of Undecided Matters, etc.) (1) In cases falling under any of
the following subparagraphs, the occupational health and safety committee shall
resolve them by establishing an arbitration body under the occupational health and
safety committee by mutual agreement between members representing workers and
members representing employers or have them arbitrated by a third party:
1. Where the occupational health and safety committee fails to decide upon the
matters referred to in Article 19 (2) of the Act;
2. Where there exists disagreement about the interpretation or implementing
methods of the matters decided by the occupational health and safety committee.
(2) Where any arbitral award under paragraph (1) is given, it shall be deemed to
have been decided by the occupational health and safety committee, and the business
owner and workers shall abide by it.
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 25-6 (Publicity of Results, etc., of Meetings)


The chairperson of an occupational health and safety committee shall promptly make
the results of meetings and the details of arbitral awards, such as the details
deliberated on and decided by the Occupational Health and Safety Committee
available to the workers through internal company broadcasts, employment
magazines, notices or its own regular morning meetings and by other appropriate
methods.
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 26 (Contract-Prohibited Work, and Health and Safety Measures in Contracted


Business) (1) "Work prescribed by Presidential Decree"in the Article 28 (1) of the
Act means the following work, the partial manufacturing process of which is awarded
to a contractor in the same place of business: <Amended by Presidential Decree No.
22061, Feb. 24, 2010; Presidential Decree No. 22269, Jul. 12, 2010>

법제처 24 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

1. The work of plating;


2. The work of refining, casting, processing and heating heavy metal, including
mercury, lead, and cadmium;
3. The work of manufacturing or using substances, for which permission is required
to obtain to use under Article 38 (1) of the Act;
4. Other harmful or dangerous work prescribed by the Minister of Employment and
Labor after deliberation of the Industrial Accident Compensation Insurance and
Industrial Accident Prevention Deliberative Committee under Article 8 (1) of the
Industrial Accident Compensation Insurance Act (hereinafter referred to as the
"Deliberative Committee").
(2) The term "business prescribed by Presidential Decree" in the part other than the
subparagraphs of Article 29 (1) of the Act refers to the business other than that in
which only clerical workers are employed. <Amended by Presidential Decree No.
24684, Aug. 6, 2013>
(3) Equipments of manufacturing, using, transporting, and storing any chemical
substances or materials containing chemical substances under the latter part of
Article 29 (5) of the Act shall be those equipments prescribed by Ordinance of the
Ministry of Employment and Labor which are reactors, distillation towers, pipes, or
storage tanks of manufacturing, using, transporting, and storing either any chemical
substances prescribed by Ordinance of the Ministry of Employment and Labor, which
have harmful or dangerous nature, such as explosiveness, ignitability, combustibility,
toxicity, etc., or formulations containing such chemical substances. <Newly Inserted
by Presidential Decree No. 25251, Mar. 12, 2014>
(4) The phrase “works which are harmful or dangerous in terms of safety or
health” under the latter part of Article 29 (5) of the Act shall be works for
modifying, disassembling, dismantling or demolishing any equipments under
paragraph (3) or works carried out inside such equipments. <Newly Inserted by
Presidential Decree No. 25251, Mar. 12, 2014; Presidential Decree No. 27559, Oct.
27, 2016>
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 26-2 (Business Required to Organize Labor-Management Council)

법제처 25 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

The phrase "business, the types and sizes of which are prescribed by Presidential
Decree" under Article 29-2 (1) of the Act refers to the construction business,
construction cost of which is at least 12 billion won (15 billion won, in cases of the
civil engineering business as set forth in attached Table 1 of the Enforcement Decree
of the Framework Act on the Construction Industry).
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 26-3 (Composition of Labor-Management Council) (1) Members representing


workers of a labor-management council on safety and heath under Article 29-2 (1)
of the Act (hereinafter referred to as "labor-management council") shall be
comprised of the following persons:
1. The labor representative of all the projects including contract or subcontract
projects;
2. One honorary inspector designated by the labor representative: Provided, That,
this refers to a person of the place of business concerned designated by the labor
representative, if no honorary inspector has been commissioned;
3. Labor representatives of contracted or subcontracted projects, the construction
cost of which is at least two billion won.
(2) The members representing employers shall be comprised of the following
persons: <Amended by Presidential Decree No. 26985, Feb. 17, 2016>
1. The representative of the relevant business;
2. One safety officer;
2-2. One health officer (limited to construction business required to appoint a
health officer under subparagraph 40 of attached Table 5);
3. Business owners who performs any contract or subcontract project, the
construction cost of which is at least two billion won.
(3) Members representing workers and members representing employers of a
labor-management council may agree to appoint, as members thereof, the business
owner and the labor representative of a contracted or subcontracted project, the
construction cost of which is less than two billion won.
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

법제처 26 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

Article 26-4 (Operation, etc., of Labor-Management Council) (1) The meetings of a


labor-management council shall be classified into regular meetings and special
meetings; and a regular meeting shall be convened by the chairperson of the labor-
management council (hereafter referred to as "chairperson" in this Article) every
two months, and a special meeting may be convened by the chairperson whenever
deemed necessary.
(2) Articles 25-3, 25-4 (2) through (4), 25-5, and 25-6 shall, respectively, apply
mutatis mutandis to the election of the chairperson, the meetings of a labor-
management council, the methods of handling those matters not resolved by the
labor-management council and the announcement on the results, etc., of the
meetings.
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 26-5 (Objects of Requests for Design Modification and Scope of Experts)
Those cases where the risk of accidents under the latter part of Article 29-3 (1) of
the Act is deemed high refer to the cases where, in the course of establishing
(including cases where the establishment has already been completed) or operating
any of the following structures, the risk of accidents, such as collapse, fall, etc., of
any relevant structure, is high:
1. A scaffold which is at least 31 meters in height;
2. A work plate-integrated mould or a mould strut which is at least six meters in
height;
3. Tunnel timbering, or sheathing timbering which is at least two meters in height;
4. A temporary structure which can be moved by using power.
(2) An expert whose opinion must be paid attention to by a contractor under the
latter part of Article 29-3 (1) of the Act refers to the Korea Occupational Safety
and Health Agency (hereinafter referred to the “Agency”) under the Korea
Occupational Safety and Health Agency Act, or any of the following persons who is
not employed by the contractor concerned:
1. A Professional Engineer Architecture Structure under the National Technical
Qualifications Act (excluding civil engineering works and structures referred to in
paragraph (1) 3);

법제처 27 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

2. A Professional Engineer Civil Engineering under the National Technical


Qualifications Act (limited to civil engineering works);
3. A Professional Engineer in Soil Mechanics and Foundation Mechanics under the
National Technical Qualifications Act (limited to the structures referred to in
paragraph (1) 3);
4. A Professional Engineer Construction Equipment (limited to the structures
referred to in paragraph (1) 4).
[This Article Newly Inserted by Presidential Decree No. 25251, Mar. 12, 2014]

Article 26-6 (Business to Appropriate Occupational Health and Safety Man- agement
Expenses)
"Business prescribed by Presidential Decree" in Article 30 (1) of the Act means
dangerous and hazardous business which the Minister of Employment and Labor
determines after undergoing deliberation by the Deliberative Committee.<Amended by
Presidential Decree No. 22061, Feb. 24, 2010; Presidential Decree No. 22269, Jul. 12, 2010>

[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 26-7 (Requirements for Designation as Specialized Institutions for Accident


Prevention)
In order to be qualified for being designated as a specialized institution under Article
30-2 (1) of the Act (hereinafter referred to as "specialized institution for accident
prevention"), a person shall fall under any of the following subparagraphs, and shall
satisfy prerequisites specified by Ordinance of the Ministry of Employment and
Labor for human resources, facilities, and equipment:<Amended by Presidential Decree No.
25251, Mar. 12, 2014>

1. An occupational safety instructor registered pursuant to Article 52-4 of the Act


(limited only to an occupational safety instructor in safety in electrical works or
construction works);
2. A corporation that intends to provide accident prevention services.
[This Article Wholly Amended by Presidential Decree No. 23545, Jan. 26, 2012]

Article 26-8 (Criteria of Guidance by Specialized Institutions for Accident Prevention)


Specialized institutions for accident prevention shall provide guidance for accident
prevention pursuant to criteria determined by Ordinance of the Ministry of

법제처 28 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

Employment and Labor, according to the types and scale of construction work,
construction expenses, etc. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 26-9 (Application Mutatis Mutandis)


Articles 15-3, and 15-5 through 15-7 shall apply mutatis mutandis to specialized
institutions for accident prevention.
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 26-10 (Registration and Its Revocation of Institution Entrusted with Safety and
Health) (1) An entity who intends to make registration of an institution entrusted
with safety and health pursuant to Article 31 (5) of the Act shall be a juristic person
or, a school under Article 2 of the Higher Education Act in which a department
related to industrial safety and health is established, and shall meet standards for
human resources, facilities and equipment under attached Table 6-3.
(2) Where an entity intends to either make registration of an institution entrusted
with safety and health education or change any registered matter pursuant to Article
31 (5) of the Act, such entity shall file an application for registration or an
application for change of registration with the Minister of Employment and Labor, as
prescribed by Ordinance of the Ministry of Employment and Labor.
(3) The phrase “cases falling under any of the grounds specified by Presidential
Decree” referred to in Article 15-2 (1) 5 of the Act which shall, pursuant to Article
32-3 of the Act, apply mutatis mutandis to institutions entrusted with safety and
health education registered pursuant to Article 31 (5) of the Act means any of the
following cases:
1. Refusing to conduct the education without justifiable reason;
2. Falsely preparing a document related to the education;
3. Receiving a fee without conducting the education;
4. Violating the content and method of the education under Article 31 (1) through
(3) of the Act.
[This Article Wholly Amended by Presidential Decree No. 27559, Oct. 27, 2016]

Article 26-11 (Requirements for Registration of Institutions for Basic Education on


Safety and Health in Construction Business)

법제처 29 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

"Requirements prescribed by Presidential Decree for human resources, facilities,


equipment, etc." in Article 31-2 (1) of the Act means that an institution shall fall
under any of the following subparagraphs, and shall possess human resources,
facilities, equipment, etc., specified in attached Table 6-4:<Amended by Presidential
Decree No. 24684, Aug. 6, 2013>

1. A corporation that intends to provide basic education on safety and health in


construction business;
2. A school, defined in Article 2 of the Higher Education Act, with a department
relating to occupational safety and health.
[This Article Newly Inserted by Presidential Decree No. 23545, Jan. 26, 2012]

Article 26-12 (Application etc., for Registration of Institutions for Basic Education on
Safety and Health in Construction Business) (1) An institution that intends to
register itself pursuant to Article 31-2 (1) of the Act shall file an application for
registration with the Minister of Employment and Labor, as prescribed by Ordinance
of the Ministry of Employment and Labor.
(2) If an institution registered pursuant to paragraph (1) intends to amend
registered facts, it shall file an application for amendment with the Minister of
Employment and Labor, as prescribed by Ordinance of the Ministry of Employment
and Labor.
[This Article Newly Inserted by Presidential Decree No. 23545, Jan. 26, 2012]

Article 26-13 (Grounds for Revocation of Registration of Institutions for Basic


Education on Safety and Health in Construction Business)
"Where any other ground specified by Presidential Decree exists" in Article 15-2
(1) 5 of the Act, which shall apply mutatis mutandis to an institution registered under
Article 31-2 (1) of the Act pursuant to Article 32-3 of the Act, means any of the
following cases:
1. Where an institution refuses to provide education without justification;
2. Where an institution prepares a false document about education;
3. Where an institution receives any fee without providing education;
4. Where an institution violates Article 31-2 (3) of the Act with regard to hours,
contents, or methods of education.

법제처 30 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

[This Article Newly Inserted by Presidential Decree No. 23545, Jan. 26, 2012]

Article 26-14 (Prerequisites for Registration of Institutions Entrusted with On-the-Job


Training)
In order for an institution to be qualified for being entrusted with on-the-job
training pursuant to Article 32 (3) of the Act, it shall fall under any of the following:
<Amended by Presidential Decree No. 24684, Aug. 6, 2013>

1. The Agency;
2. Any of the following institutions with human resources, facilities, and equipment
specified in attached Table 6-5:
(a) A school, defined in Article 2 of the Higher Education Act, with a department
relating to occupational safety and health;
(b) A nonprofit corporation.
[This Article Newly Inserted by Presidential Decree No. 23545, Jan. 26, 2012]

Article 26-15 (Provisions Applicable Mutatis Mutandis)


Articles 26-12 and 26-13 shall apply mutatis mutandis to institutions registered
with the Minister of Employment and Labor pursuant to Article 32 (3) of the Act. In
such cases, the term "Article 31-2 (1) of the Act" shall be construed as "Article 32
(3) of the Act", and the term "Article 31-2 (3)" as "Article 32 (4) of the Act".
[This Article Newly Inserted by Presidential Decree No. 23545, Jan. 26, 2012]

Article 27 (Harmful or Dangerous Machinery, Instruments, etc., in Need of Protective


Measures) (1) Machinery and instruments which shall neither be provided for
transfer, rent, installation, or use, nor be displayed for the purpose of transfer or
rent without taking protective measures to prevent harmfulness or danger pursuant
to Article 33 (1) of the Act shall be as listed in attached Table 7. <Amended by
Presidential Decree No. 25251, Mar. 12, 2014>
(2) Machinery, instruments, facilities, structures or other things which require the
preventive measures against harm or hazard provided for by Ordinance of the
Ministry of Employment and Labor pursuant to Article 33 (3) of the Act shall be as
listed in attached Table 8. <Amended by Presidential Decree No. 22269, Jul. 12,
2010; Presidential Decree No. 25251, Mar. 12, 2014>

법제처 31 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 28 (Machinery, Apparatuses, etc., subject to Safety Certification) (1)


"Machinery, apparatuses, equipment, etc., which are prescribed by Presidential
Decree" in Article 34 (2) of the Act are as follows: <Amended by Presidential
Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23545, Jan. 26, 2012;
Presidential Decree No. 25251, Mar. 12, 2014>
1. Machinery, tools and equipment specified in the following:
(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;
(j) Machine saws (limited to mobile ones);
2. Protective devices specified in the following:
(a) Protective devices of presses and shearing machines;
(b) Overload limiters for lifting machines;
(c) Safety valves for releasing pressure from boilers;
(d) Safety valves for releasing pressure from 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 crash,
falling, and collapse, and protecting people from such hazards, as specified and
publicly announced by the Minister of Employment and Labor;
3. Protective equipment specified in the following:
(a) Safety helmets for preventing risks of falling and electric shock;
(b) Safety shoes;

법제처 32 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

(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 the light or preventing risks of flying debris;
(k) Face shields for welding;
(l) Soundproof earplugs or earmuffs.
(2) Specific types, specifications, and models of machinery, instruments, etc.,
subject to safety certification under paragraph (1) shall be determined and publicly
announced by the Minister of Employment and Labor. <Amended by Presidential
Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 25251, Mar. 12, 2014>
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 28-2 (Prerequisites for Designation of Safety Certification Institutions)


In order for an institution to be qualified for being designated as a safety certification
institution pursuant to Article 34-5 (1) of the Act, it shall fall under any of the
following subparagraphs:
1. The Agency;
2. Any of the following institutions with human resources, facilities, and equipment
specified by Ordinance of the Ministry of Employment and Labor:
(a) A nonprofit corporation established for the purpose of promoting occupational
safety and health or preventing industrial accidents;
(b) A public institution, defined in the Act on the Management of Public Institutions
and established for the purpose of certifying and testing machinery, tools, and
equipment or research, development, education, and evaluation of manufacturing
technology.
[This Article Newly Inserted by Presidential Decree No. 23545, Jan. 26, 2012]

Article 28-3 (Application etc., for Designation of Safety Certification Institution) (1)
A person who intends to be designated as a safety certification institution shall file

법제처 33 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

an application for the designation with the Minister of Employment and Labor, as
prescribed by Ordinance of the Ministry of Employment and Labor.
(2) If a person intends to amend any term or condition with regard to the
designation as a safety certification institution, he/she shall file an application for the
amendment with the Minister of Employment and Labor, as prescribed by Ordinance
of the Ministry of Employment and Labor.
[This Article Newly Inserted by Presidential Decree No. 23545, Jan. 26, 2012]

Article 28-4 (Grounds for Revocation of Designation of Safety Certification Institution)


"Where any other ground specified by Presidential Decree exists" in Article 15-2
(1) 5 of the Act, which shall apply mutatis mutandis to the following cases pursuant
to Article 34-5 (4) of the Act, means any of the following cases:
1. Where an institution violates Article 34 (8) of the Act with regard to the method
or procedure for safety certification and verification;
2. Where an institution refuses, interferes with, or evades instruction or supervision
by the Minister of Employment and Labor under Article 34-5 of the Act;
3. Where an institution refuses to provide safety certification services without
justification;
4. Where an institution neglects or fails to perform its obligation to provide safety
certification services in a timely manner.
[This Article Newly Inserted by Presidential Decree No. 23545, Jan. 26, 2012]

Article 28-5 (Machinery, Tools, etc., subject to Voluntary Safety Confirmation) (1)
"Machinery, tools and equipment specified by Presidential Decree" in the main
sentence, above subparagraphs, of Article 35 (1) of the Act are as follows:
1. Machinery, tools and equipment specified in the following:
(a) Grinding machines or abraders (excluding mobile ones);
(b) Industrial robots;
(c) Mixers;
(d) Crusher or comminutors;
(e) Machinery for processing food (limited to machines for crushing, cutting,
mixing, and noodle-making);

법제처 34 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

(f) Conveyors;
(g) Lifts for servicing automobiles;
(h) Machine tools (limited to lathes, drills, planning machines, sharpening
machines, and milling machines);
(i) Fixed machines for processing timber (limited to circular saws, planes, routers,
belt saws, chamfering machines);
(j) Printing machines;
(k) Air pressure chambers;
2. Protective devices specified in the following:
(a) Safety devices for acetylene welding equipment or gas welding equipment;
(b) Automatic voltage reducing devices for AC Arc welding machines;
(c) Emergency stop devices of roller machines;
(d) Covers of grinding machines;
(e) Reaction-proof devices of circular saws for wood processing and blade
guards;
(f) Blade guards of hand-operated planes;
(g) Safety mats for industrial robots;
(h) Temporary equipment and materials necessary for preventing hazards, such as
crash, falling, and collapse, and protecting people for such hazards (excluding
temporary equipment and materials specified in Article 28 (1) 2 (h)), as
determined and publicly announced by the Minister of Employment and Labor;
3. Protective equipment specified in the following:
(a) Safety helmets (excluding safety helmets specified in Article 28 (1) 3 (a));
(b) Protective goggles (excluding protective goggles specified in Article 28 (1) 3
(j));
(c) Face shields (excluding face shields specified in Article 28 (1) 3 (k));
(d) Diving apparatuses (Including diving helmets and diving masks).
(2) Specific types, specifications, and models of machinery, tools, etc., subject to
voluntary safety confirmation under paragraph (1) shall be determined and publicly
announced by the Minister of Employment and Labor.
[This Article Wholly Amended by Presidential Decree No. 23545, Jan. 26, 2012]

법제처 35 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

Article 28-6 (Harmful or Dangerous Machinery subject to Safety Inspection) (1)


"Harmful or dangerous machinery, tools or equipment determined by Presidential
Decree" in the former part of Article 36 (1) of the Act are as follows: <Amended by
Presidential Decree No. 23545, Jan. 26, 2012; Presidential Decree No. 26985, Feb.
17, 2016>
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. Chemical equipment and its accessory equipment;
10. Drying equipment and its accessory equipment;
11. Roller machines (excluding sealed structures);
12. Injection molding machines (excluding those with clamping force of less than
294).
13. Mobile elevated work platform (limited to mobile elevated work platform which
is loaded to a freight motor vehicle or a special motor vehicle under subparagraph 3
or 4 of the Motor Vehicle Management Act).
(2) The Minister of Employment and Labor shall determine and publicly announce
specific types, specifications, and models of harmful or dangerous machinery, tools
and equipment subject to safety inspections under Article 36 (1) of the Act.
<Amended by Presidential Decree No. 22269, Jul. 12, 2010>
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 28-6 (Harmful or Dangerous Machinery subject to Safety Inspection) (1)


"Harmful or dangerous machinery, tools or equipment determined by Presidential
Decree" in the former part of Article 36 (1) of the Act are as follows: <Amended by
Presidential Decree No. 23545, Jan. 26, 2012; Presidential Decree No. 26985, Feb.
17, 2016; Presidential Decree No. 27559, Oct. 27, 2016>

법제처 36 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

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. Chemical equipment and its accessory equipment;
10. Drying equipment and its accessory equipment;
11. Roller machines (excluding sealed structures);
12. Injection molding machines (excluding those with clamping force of less than
294);
13. Mobile elevated work platform (limited to mobile elevated work platform which
is loaded to a freight motor vehicle or a special motor vehicle under subparagraph 3
or 4 of the Motor Vehicle Management Act);
14. Conveyor; <<Enforcement Date: Oct. 28, 2017>>
15. Industrial robot. <<Enforcement Date: Oct. 28, 2017>>
(2) The Minister of Employment and Labor shall determine and publicly announce
specific types, specifications, and models of harmful or dangerous machinery, tools
and equipment subject to safety inspections under Article 36 (1) of the Act.
<Amended by Presidential Decree No. 22269, Jul. 12, 2010>
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 28-7 (Requirements, Procedure, etc., for Designation of Safety Inspection


Institutions)
Articles 28-2 and 28-3 shall apply mutatis mutandis to the requirements and
procedures for the designation of safety inspection institutions under Article 36 (5)
of the Act. In such cases, the term “safety certification institution” shall be
construed as “safety inspection institution.”
[This Article Newly Inserted by Presidential Decree No. 23545, Jan. 26, 2012]

법제처 37 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

Article 28-8 (Grounds for Revocation of Designation of Safety Inspection Institutions)


Article 28-4 shall apply mutatis mutandis to the grounds for revocation, etc., of the
designation of safety inspection institutions under the Article 15-2 of the Act which
applies mutatis mutandis pursuant to the Article 36 (10) of the Act. In such cases,
the term “safety certification institution” shall be construed as “safety inspection
institution,” and “affairs of safety certification” as “affairs of safety inspection,”
respectively.
[This Article Newly Inserted by Presidential Decree No. 23545, Jan. 26, 2012]

Article 28-9 (Grounds for Revocation of Designation of Designated Inspection


Institutions)
"Ground specified by Presidential Decree" in Article 15-2 (1) 5 of the Act, which
shall apply mutatis mutandis to the following cases pursuant to Article 36-2 (7) of
the Act, are as follows:<Amended by Presidential Decree No. 23545, Jan. 26, 2012; Presidential
Decree No. 25251, Mar. 12, 2014>

1. Where a designated inspection institution receives entrustment fees without


conducting an inspection;
2. Where a designated inspection institution prepares a false document regarding an
inspection;
3. Where a designated inspection institution refuses to be entrusted with an
inspection without justification;
4. Where a designated inspection institution omits any item subject to inspection or
fails to observe the method of inspection;
5. Where a designated inspection institution fails to observe the guidelines for
judgment on outcomes of an inspection or fails to present an opinion on safety
measures according to the results of an inspection.
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 29 (Harmful Materials Prohibited from being Manufactured, etc.)


Harmful materials prohibited from being manufactured, imported, transferred,
supplied or used under Article 37 (1) of the Act shall be as listed in the following
subparagraphs:<Amended by Presidential Decree No. 22061, Feb. 24, 2010; Presidential Decree
No. 22269, Jul. 12, 2010; Presidential Decree No. 25836, Dec. 9, 2014; Presidential Decree No.

법제처 38 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

26985, Feb. 17, 2016>

1. Yellow phosphorous match;


2. Paint containing white lead (excluding any paint in which the volume ratio of such
white lead is not more than two percent);
3. Polychlorinated terphenyl (PCT);
4. 4-Nitrodiphenyl and its salts;
5. Actinolite asbestos, anthophyllite asbestos and tremolite asbestos;
6. β-Naphthylamine and its salts;
7. Chrysotyle Asbestos, Crocidolite asbestos and amosite asbestos;
8. Rubber glue containing benzene (excluding any rubber glue in which the volume
ratio of such benzene is not more than five percent);
9. Formulation containing one of those referred to in subparagraphs 3 through 7
(excluding any preparations in which the weight ratio of such substances is not
more than one percent);
10. Prohibited substances referred to in subparagraph 5 of Article 2 of the
Chemicals Control Act;
11. Other materials prescribed by the Minister of Employment and Labor as harmful
to human health after undergoing deliberation by the Deliberative Committee.
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 30 (Harmful Materials Requiring Permission)


Harmful materials subject to permission for manufacturing or use under Article 38
(1) of the Act are as follows:<Amended by Presidential Decree No. 22061, Feb. 24, 2010;
Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23545, Jan. 26, 2012;

Presidential Decree No. 26985, Feb. 17, 2016>

1. Dichlorobenzidine and its salts;


2. α-Naphthylamine and its salts;
3. Zinc chromates;
4. Ortho-Tolidine and its salts;
5. Dianisidine and its salts;
6. Beryllium;
7. Arsenic and its inorganic compound;

법제처 39 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

8. Chromite ore (limited to cases of plastic treatment by adding heat thereto);


9. Coal tar pitch volatiles;
10. Nickel sulfide;
11. Vinyl chloride;
12. Benzotrichloride;
13. Deleted;<by Presidential Decree No. 26985, Feb. 17, 2016>
14. Formulation containing one of those referred to in subparagraphs 1 through 11
(excluding any formulation to which the weight ratio of such substances contained
is not more than one percent);
15. Formulation containing substances referred to in subparagraph 12 (excluding
any formulation to which the weight ratio of such sub- stances is not more than 0.5
percent);
16. Other harmful substances prescribed by the Minister of Employment and Labor
as harmful to human health after undergoing deliberation by the Deliberative
Committee.
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 30-2 (Application for Permission for Manufacture, etc. of Harmful Materials)
A person who intends to obtain permission for manufacture or use of harmful
materials falling under any subparagraph of Article 30 in accordance with Article 38
(1) of the Act shall file an application with the Minister of Employment and Labor for
permitting the manufacture or use of such harmful materials, as prescribed by
Ordinance of the Ministry of Employment and Labor.<Amended by Presidential Decree No.
22269, Jul. 12, 2010>

[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 30-3 (Matters subject to Asbestos Inspection by Designated Institute) (1) "A
structure or facility of at least the size specified by Presidential Decree" in the main
sentence of Article 38-2 (2) of the Act means any of the following structures and
facilities: <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential
Decree No. 23545, Jan. 26, 2012>
1. Buildings (excluding the housings under subparagraph 2; hereafter the same shall
apply in this subparagraph) with the total area equal to or exceeding 50 square

법제처 40 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

meters and with the total area to be removed or dismantled equal to or exceeding
50 square meters;
2. Housings (including adjacent buildings under subparagraph 12 of Article 2 of the
Enforcement Decree of the Building Act; hereafter the same shall apply in this
Article) with the total area equal to or exceeding 200 square meters and with the
total area to be removed or dismantled equal to or exceeding 200 square meters;
3. Where the total area using materials (including substances; hereinafter the same
shall apply) falling under any of the following items in the part to be removed or
dismantled of a facility is equal to or exceeding 15 square meters, or cases where
the total volume of such materials is equal to or exceeding one cubic meter:
(a) Heat insulating materials;
(b) Thermal insulating materials;
(c) Spray materials;
(d) Fireproof materials;
(e) Gasket;
(f) Packing materials;
(g) Sealing;
(h) Other materials determined and publicly announced by the Minister of
Employment and Labor as those used for similar purposes to materials under
items (a) through (g);
4. Where the total length of pipes is equal to or exceeding 80 meters and where the
total length of pipes used as thermal insulating materials in the part to be removed
or dismantled is equal to or exceeding 80 meters.
(2) "If it is obvious that a structure or facility contains asbestos, or if it is confirmed
that a ground specified by Presidential Decree for omitting such inspection exists" in
the proviso to Article 38-2 (2) of the Act means any of the following cases:
<Amended by Presidential Decree No. 23545, Jan. 26, 2012>
1. Where materials used in the removed or dismantled part of a building or facility
are clearly proven not to contain asbestos by relevant data including blueprints and
material history;
2. Where it is clearly proven that materials containing more than one percent
(weight percent) of asbestos were used in the removed or dismantled part of a

법제처 41 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

building or facility.
(3) Deleted. <by Presidential Decree No. 23545, Jan. 26, 2012>
[This Article Newly Inserted by Presidential Decree No. 21653, Jul. 30, 2009]

Article 30-4 (Prerequisites, etc., for Designation of Asbestos Inspection Institute) (1)
A person entitled to be designated as an asbestos inspection institute under Article
38-2 (6) of the Act shall be limited to any of the following persons who satisfies
prerequisites for human resources necessary for asbestos inspection, including
industrial hygiene managers and air quality specialists, and facilities and equipment
for asbestos inspection, including extracting pumps, polarized light microscopes, and
who has passed the evaluation of capability of asbestos inspection conducted by the
Minister of Employment and Labor under paragraph (5) of the same Article:
<Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No.
23545, Jan. 26, 2012>
1. Agencies affiliated to the State or local governments;
2. General hospitals or hospitals under the Medical Service Act;
3. Universities and colleges or their affiliated institutions under subparagraphs 1
through 6 of Article 2 of the Higher Education Act;
4. A corporation that intends to provide asbestos inspection services.
(2) Specific matters relating to expert human resources, facilities and equipment of
asbestos inspection institutions under paragraph (1) shall be determined by
Ordinance of the Ministry of Employment and Labor. <Amended by Presidential
Decree No. 22269, Jul. 12, 2010>
[This Article Newly Inserted by Presidential Decree No. 21653, Jul. 30, 2009]

Article 30-5 (Application, etc., for Designation of Asbestos Inspection Institutes) (1)
A person who intends to be designated as an asbestos inspection institute under
Article 38-2 (6) of the Act shall submit an application for designation of an asbestos
inspection institute to the Minister of Employment and Labor, as prescribed by
Ordinance of the Ministry of Employment and Labor. <Amended by Presidential
Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23545, Jan. 26, 2012>
(2) If a person intends to amend any term or condition with regard to the
designation of an asbestos inspection institute, he/she shall file an application for

법제처 42 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

amendment with regard to such term or condition with the Minister of Employment
and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor.
<Amended by Presidential Decree No. 22269, Jul. 12, 2010>
[This Article Newly Inserted by Presidential Decree No. 21653, Jul. 30, 2009]

Article 30-6 (Grounds for Revocation of Designation of Asbestos Inspection Institutes)


"Where any other ground prescribed by Presidential Decree exists" in Article 15-2
(1) 5 of the Act, which shall apply mutatis mutandis to the following cases pursuant
to Article 38-2 (7) of the Act, means any of the following cases: <Amended by
Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23545, Jan. 26, 2012>

1. Where an asbestos inspection institute refuses to provide asbestos inspection


services without justifiable grounds;
2. Where an asbestos inspection institute prepares a false document with regard to
an asbestos inspection conducted by a designated institute pursuant to Article 38-
2 (2) of the Act;
3. Where an asbestos inspection institute does not undergo the evaluation conducted
by the Minister of Employment and Labor with regard to its capability to perform
asbestos inspections as an asbestos inspection institute pursuant to Article 38-2
(5) of the Act or an asbestos inspection is judged as inappropriate as a result of
such evaluation;
4. Where an asbestos inspection institute violates any rule prescribed by Ordinance
of the Ministry of Employment and Labor pursuant to Article 38-2 (6) of the Act
with regard to the method of inspection and other necessary matters;
5. Where an asbestos inspection institute instructs a person who fails to meet the
standards prescribed pursuant to Article 30-4 for human resources to conduct an
asbestos inspection;
6. Where an asbestos inspection institute instructs a person who fails to be qualified
under Article 38-5 (2) of the Act to measure asbestos concentration;
7. Where an asbestos inspection institute commits a violation in applying the method
prescribed for measuring asbestos concentration pursuant to Article 38-5 (2) of
the Act;
8. Where an asbestos inspection institution refuses, interferes with, or evades
instruction or supervision by a related public official.

법제처 43 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

[This Article Newly Inserted by Presidential Decree No. 21653, Jul. 30, 2009]

Article 30-7 (Subject of Asbestos Dismantling or Removal by Asbestos Dismantlers or


Removers) (1) "Cases where the amounts and sizes of which equal to or exceed
that prescribed by President Decree is contained" in the main sentence of Article
38-4 (1) of the Act means any of the following cases:
1. Where asbestos exceeding one percent (weight percent) is contained in material,
such as wall, floor, ceiling and roof materials to be removed and dismantled and the
area of such material is equal to or exceeding 50 square meters;
2. Where spray materials or fireproofing materials containing asbestos exceeding
one percent (weight percent) is used;
3. Where the total area of material falling under any (excluding spray materials and
fireproofing materials) of items of Article 30-3 (1) 3 containing asbestos
exceeding one percent (weight percent) is equal to or exceeding 15 square meters
or where the total volume of such material is equal to or exceeding one cubic
meter;
4. Where thermal insulating materials used in pipes contains asbestos exceeding one
percent (weight percent) and where the total length of the thermal insulating
materials is equal to or exceeding 80 meters.
(2) "Cases where there exist grounds prescribed by Presidential Decree, including
cases where a person has capacity equal to that of asbestos dismantlers or
removers" in the proviso to Article 38-4 (1) of the Act means cases where a person
who intends to perform asbestos dismantling or removal works oneself has filed a
report required under Article 38-4 (3) of the Act with document proving that the
person has human resources, facilities and equipments necessary for registration
prescribed by Article 30-8.
[This Article Newly Inserted by Presidential Decree No. 21653, Jul. 30, 2009]

Article 30-8 (Requirements for Registration of Asbestos Dismantlers or Removers) (1)


A person who intends to register as asbestos dismantler or remover shall have
professionals having expertise necessary for asbestos dismantling or removal, such
as construction specialists in the fields of civil engineering and construction, and
facilities and equipments for safe asbestos dismantling or removal, such as negative

법제처 44 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

air pressure equipment and hygiene facilities.


(2) Specific requirements for registration of asbestos dismantlers or removers
under paragraph (1) shall be determined by Ordinance of the Ministry of
Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12,
2010>
[This Article Newly Inserted by Presidential Decree No. 21653, Jul. 30, 2009]

Article 30-9 (Application, etc., for Registration of Asbestos Dismantlers or Removers)


(1) A person who intends to register as an asbestos dismantler or remover shall
submit an application for registration of asbestos dismantler or remover to the
Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of
Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12,
2010>
(2) To modify registered matters, an asbestos dismantler or remover shall submit
an application for modification for asbestos dismantler or remover to the Minister of
Employment and Labor, as prescribed by Ordinance of the Ministry of Employment
and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
[This Article Newly Inserted by Presidential Decree No. 21653, Jul. 30, 2009]

Article 30-10 (Grounds for Revocation, etc., of Registration of Asbestos Dismantlers or


Removers)
"Where any other ground prescribed by Presidential Decree exists" in Article 15-2
(1) 5 of the Act, which shall apply mutatis mutandis to the following cases pursuant
to Article 38-4 (6) of the Act, means any of the following cases: <Amended by
Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23545, Jan. 26, 2012>

1. Where an asbestos dismantler or remover is sentenced to a fine or imprisonment


without labor or heavier punishment due to its failure to meet the standards for
asbestos dismantling or removal works prescribed by Ordinance of the Ministry of
Employment and Labor under Article 38-3 of the Act;
2. Where an asbestos dismantler or remover falsely or fraudulently makes
documents prescribed by Article 38-4 (3) of the Act;
3. Where an asbestos dismantler or remover fails to fulfill its obligation to file a
report or preserve documents pursuant to Article 38-4 (3) of the Act;

법제처 45 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

4. Where an asbestos dismantler or remover refuses, interferes with, or evades


instruction and supervision of relevant public officials.
[This Article Newly Inserted by Presidential Decree No. 21653, Jul. 30, 2009]

Article 31 (Harmful Factors to be Maintained at or Below Permissible Level)


"Harmful factors determined by Presidential Decree" in the main sentence, other than
each subparagraph of Article 39-2 (1) of the Act shall be as follows:<Amended by
Presidential Decree No. 26985, Feb. 17, 2016>

1. Lead and its inorganic compounds;


2. Nickel (limited to insoluble inorganic compounds);
3. Dimethylformamide;
4. Benzene;
5. 2-Bromopropane;
6. Asbestos (limited to cases manufactured and used);
7. Hexavalent chromium compounds;
8. Carbon disulfide;
9. Cadmium and its compounds;
10. Toluene-2, 4-diisocyanate or Toluene-2, 6-diisocyanate;
11. Trichloroethylene;
12. Formaldehyde;
13. Normal hexane.
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 32 (Chemical Substances Excluded from Investigation of Harmfulness and


Danger)
"Chemical substances prescribed by Presidential Decree" in the part, other than each
subparagraph of Article 40 (1) of the Act means any of the following subparagraphs:
<Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 26985, Feb. 17,

2016>

1. Chemical elements;
2. Naturally produced chemical substances;
3. Radioactive substances;

법제처 46 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

4. Substances, the denomination and harmfulness or danger of which, the measures


against which, and the annual manufacturing volume and importing volume of which,
are published by the Minister of Employment and Labor pursuant to Article 40 (3)
of the Act;
5. Substances registered on the list of chemical substances publicly announced by
the Minister of Employment and Labor in consultation with the Minister of
Environment.
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 32-2 (Products Excluded from Data Prepared and Kept for Safety and Health in
Handling Substances)
"Products specified by Presidential Decree" in the former part, above subparagraphs,
of Article 41 (1) of the Act are as follows:<Amended by Presidential Decree No. 22269, Jul.
12, 2010; Presidential Decree No. 23248, Oct. 25, 2011; Presidential Decree No. 23545, Jan. 26,

2012; Presidential Decree No. 23845, Jun. 7, 2012; Presidential Decree No. 25840, Dec. 9, 2014;

Presidential Decree No. 26858, Jan. 6, 2016>

1. Radioactive substances under the Nuclear Safety Act;


2. Drugs and quasi-drugs under the Pharmaceutical Affairs Act;
3. Cosmetics under the Cosmetics Act;
4. Narcotics and psychotropic drugs under the Narcotics Control Act;
5. Agricultural chemicals under the Pesticide Control Act;
6. Feeds under the Control of Livestock and Fish Feed Act;
7. Fertilizers under the Fertilizer Control Act;
8. Foods and additives under the Food Sanitation Act;
9. Explosives under Act on the Safety Management of Firearms, Knives, Swords,
Explosives, Etc.;
10. Wastes under the Wastes Control Act;
11. Medical devices under Article 2 (1) of the Medical Devices Act;
12. Products provided mainly to general consumers for daily life, except the
products specified in subparagraphs 1 through 11;
13. Other materials publicly announced by the Minister of Employment and Labor as
the extent of danger due to the toxicity and explosiveness is deemed minimal.

법제처 47 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 32-3 (Types, etc., of Designated Measurement Institutions)


The types of designated measurement institutions under Article 42 (7) of the Act
and the scope of places of business in which designated measurement institutions by
type may perform the measurement of working environment shall be as follows:
1. Measurement institutions entrusted by any places of business: Places of business
entrusted;
2. Self-measurement institutions of any places of business: Places of business of
contractors where part of business is carried out by means of a contract at the
relevant places of business (including the places of business of any affiliated
company) or within the places of business.
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 32-4 (Requirements for Designation of Designated Measurement Institutions)


(1) A person falling under each of the following subparagraphs shall be entitled to
be designated as a measurement institution entrusted by places of business under
subparagraph 1 of Article 32-3 of the Act:
1. An administrative agency affiliated with the State or local government;
2. A general hospital or a hospital pursuant to the Medical Service Act;
3. A university or its affiliated organizations pursuant to subparagraphs 1 through 6
of Article 2 of the Higher Education Act;
4. A juristic person who intends to perform the business of working environment
measurement.
(2) A person entitled to be designated as a self-measurement institution of any
place of business under subparagraph 2 of Article 32-3 shall be limited to any
institution affiliated with any place of business subject to the measurement of
working environment provided for in Article 42 (1) of the Act.
(3) A person who intends to be designated as a measurement institution shall
secure human resources, facilities and equipment prescribed by Ordinance of the
Ministry of Employment and Labor according to the types of designated
measurement institutions pursuant to Article 32-3. <Amended by Presidential
Decree No. 22269, Jul. 12, 2010>

법제처 48 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 32-5 (Application, etc., for Designation as Measurement Institutions) (1) A


person who intends to be designated as a measurement institution pursuant to Article
42 (4) of the Act shall submit an application for designation as a measurement
institution to the Minister of Employment and Labor pursuant to Ordinance of the
Ministry of Employment and Labor after being determined to be suitable in the
assessment of the ability to measure and analyze working environment executed by
the Minister of Employment and Labor pursuant to Article 42 (7) of the Act.
<Amended by Presidential Decree No. 22269, Jul. 12, 2010>
(2) Article 15-3 (2) shall apply mutatis mutandis to the modification of designated
matters on designated measurement institutions.
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 32-6 (Grounds for Revoking Designation of Measurement Institutions, etc.)


"Where any other ground prescribed by Presidential Decree exists" in Article 15-2
(1) 5 of the Act, which shall apply mutatis mutandis to the following cases pursuant
to Article 42 (10) of the Act, means any of the following cases: <Amended by
Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23545, Jan. 26, 2012>

1. Where it refuses to measure working environment without justifiable grounds;


2. Where it prepares false documents concerning working environment
measurement;
3. Where it violates the methods, etc., of working environment measurement
determined by Ordinance of the Ministry of Employment and Labor pursuant to
Article 42 (2) of the Act;
4. Where it fails to perform its duties entrusted to measure working environment in
a timely manner;
5. Where it fails to pass the evaluation of the capability to measure and analyze
working environment conducted by the Minister of Employment and Labor pursuant
to Article 42 (8) of the Act;
6. Where it violates the Act or an order issued under the Act.
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

법제처 49 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

Article 32-7 (Grounds for Revoking Designation of Institutions Charged with


Conducting the Health Examination)
"Where any other ground prescribed by Presidential Decree exists" in Article 15-2
(1) 5 of the Act, which shall apply mutatis mutandis to the following cases pursuant
to Article 43 (11) of the Act, means any of the following cases: <Amended by
Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23545, Jan. 26, 2012>

1. Where it omits the items for a medical checkup prescribed by Ordinance of the
Ministry of Employment and Labor, or fails to observe the methods of and
procedures for performing such medical checkup when the medical checkup is
performed;
2. Where it solicits a medical checkup by means of reducing expenses for medical
checkup prescribed by Ordinance of the Ministry of Employment and Labor or
unfairly collects medical checkup expenses;
3. Where it is determined to be unsuitable in the assessment of the ability to
checkup and analyze health executed by the Minister of Employment and Labor
pursuant to Article 43 (9) of the Act;
4. Where it makes a false judgment on the findings of a medical checkup or falsifies
the individual table of a medical checkup that is prescribed by Ordinance of the
Ministry of Employment and Labor;
5. Where any person who has no qualification or fails to meet the standards for
designating a medical institution for a medical checkup, which are set by Ordinance
of the Ministry of Employment and Labor, performs a medical checkup;
6. Where it refuses to perform a medical checkup or suspends a medical checkup
without justifiable grounds;
7. Where it violates other Act or an order issued pursuant to the Act.
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 32-8 (Restriction, etc., of Working Hours on Harmful or Dangerous Work) (1)
Work to be restricted on its working hours pursuant to Article 46 of the Act shall
mean work carried out under high pressure, such as submarining or diving.
(2) In carrying out works provided for in paragraph (1), necessary matters for
maintaining the safety and health of the workers concerned, including working hours
in submarining or diving, and methods of reducing or increasing pressure shall be

법제처 50 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by


Presidential Decree No. 22269, Jul. 12, 2010>
(3) A business owner shall take necessary precautionary measures for the following
harmful or dangerous work, in addition to the measures for preventing harm or
hazard prescribed in Articles 23 and 24 of the Act, in order to protect the health of
workers by properly allocating working and break hours, and by improving working
conditions in relation to working hours: <Amended by Presidential Decree No.
22269, Jul. 12, 2010>
1. Work conducted in mining pits;
2. Work handling intensely heated materials in large quantities and work carried out
in very hot and heated places;
3. Work handling low temperature materials in large quantities and work carried out
in very cold and frozen places;
4. Work handling radium rays, X-rays or other harmful radioactive rays;
5. Work conducted in places with a considerable amount of dust from glass, earth
and rocks, or minerals;
6. Work conducted in places where tremendous noise is produced;
7. Work using rock drills, etc., which have a vibrating effect on workers;
8. Work involving heavy lifting or handling of heavy objects;
9. Work conducted in places where there are considerable amounts of dust, vapors
or gases of heavy metals, such as lead, mercury, chrome, manganese and cadmium,
or of carbon bisulfide, organic solvent, or other specific chemical substances
provided for by Ordinance of the Ministry of Employment and Labor.
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 33 (Grounds for Revoking Designation of Educational Institutions)


"Where any other ground prescribed by Presidential Decree exists" in Article 15-2
(1) 5 of the Act, which shall apply mutatis mutandis to the following cases pursuant
to Article 47 (4) of the Act, means any of the following cases:<Amended by Presidential
Decree No. 23545, Jan. 26, 2012>

1. Where a designated educational institution refuses to conduct education for a


specific person without justifiable grounds;

법제처 51 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

2. Where a designated educational institution fails to perform its duties entrusted to


conduct education in a timely manner due to the suspension of education for not
less than one month without justifiable grounds;
3. Where a designated educational institution violates the Act or an order issued
under the Act.
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 33-2 (Places of business subject to Submission of Plan for Prevention of Harm
and Danger)
"Business, the type and size of which is prescribed by Presidential Decree" in Article
48 (1) of the Act means any of the following business whose agreed electric
capacity is not less than 300 kilowatts: <Amended by Presidential Decree No.
23545, Jan. 26, 2012; Presidential Decree No. 25251, Mar. 12, 2014>
1. Manufacturing fabricated metal products (except machinery and furniture);
2. Manufacturing other non-metallic mineral products;
3. Manufacturing other machinery or equipment;
4. Manufacturing motor vehicles, trailers and semitrailers;
5. Manufacturing food products;
6. Manufacturing rubber or plastic products;
7. Manufacturing wood and products of wood and cork;
8. Manufacturing other products;
9. Manufacturing basic metal products;
10. Manufacturing furniture;
11. Manufacturing chemicals and chemical products;
12. Manufacturing semiconductors;
13. Manufacturing electronic components.
[This Article Newly Inserted by Presidential Decree No. 20973, Aug. 21, 2008]

Article 33-3 (Requirements for Designation of Safety and Health Inspection Institutions)
A person who can be designated as one entitled to conduct the safety and health
inspection pursuant to Article 49 (1) of the Act (hereinafter referred to as a "safety
and health inspection institution") shall be limited to a juristic person who intends to
be engaged in safety and health inspection business and who maintains the human

법제처 52 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

resources, facilities and equipment provided for by Ordinance of the Ministry of


Employment and Labor.<Amended by Presidential Decree No. 22269, Jul. 12, 2010>
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 33-4 (Application Mutatis Mutandis)


Articles 15-3 and 15-5 shall apply mutatis mutandis to safety and health inspection
institutions.
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 33-5 (Kinds and Details of Safety and Health Inspections)


The Minister of Employment and Labor may order places of business referred to in
Article 49 (1) of the Act to undergo a safety and health inspection listed in attached
Table 9. In such cases, the Minister of Employment and Labor may order them to
undergo an inspection in the limited fields of machinery, chemical engineering,
electricity, construction, etc.<Amended by Presidential Decree No. 22269, Jul. 12, 2010>
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 33-6 (Matters subject to Submission of Process Safety Reports) (1) "A
harmful or dangerous facility specified by Presidential Decree" in the former part of
Article 49-2 (1) of the Act means a place of business in which any of the following
business is operated, while it means any facility for manufacturing, handling, and
storing one or more harmful or dangerous substances listed on attached Table 10 in
the quantity not less than the quantity specified in the aforesaid Table or any facility
related to the operation of the aforementioned facility, if the place of business is for
any business other than those specified in the following subparagraphs: <Amended
by Presidential Decree No. 23545, Jan. 26. 2012; Presidential Decree No. 25251,
Mar. 12, 2014>
1. The business of refining and disposing of crude oil;
2. The business of reprocessing of fractionation in petroleum refinery;
3. The business of manufacturing of basic organic petrochemicals or the business of
manufacturing synthetic resin and other plastic materials: Provided, That the
business of manufacturing synthetic resin and other plastic materials is limited to
cases where it falls under subparagraph 1 or 2 of attached Table 10;

법제처 53 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

4. The business of manufacturing nitrogenous, phosphatic and potassic fertilizers


(excluding cases falling under the business of manufacturing phosphatic and
potassic fertilizers);
5. The business of manufacturing composite fertilizers (excluding cases of any
simple fertilizer or any mixed fertilizer);
6. The business of manufacturing agricultural chemical products (limited to
manufacture of raw materials);
7. The business of manufacturing explosives and pyrotechnic products.
(2) Notwithstanding paragraph (1), none of the following facilities shall be deemed a
harmful or dangerous facility: <Amended by Presidential Decree No. 22269, Jul. 12,
2010; Presidential Decree No. 23545, Jan. 26, 2012>
1. Atomic energy equipment;
2. Military installations;
3. Facilities for storing and using heating fuel that a business owner intends to use
in the place of business;
4. Wholesale and retail facilities;
5. Transportation equipment, such as vehicles;
6. Charge and storage facilities for liquefied petroleum gas under the Safety Control
and Business Regulation of Liquefied Petroleum Gas Act;
7. Gas supply facilities under the Urban Gas Business Act;
8. Other equipment announced by the Minister of Employment and Labor where the
degree of the damage due to its leakage, fire, explosion, etc., is not deemed
serious.
(3) "An accident specified by Presidential Decree" in Article 49-2 (1) of the Act
means any of the following accidents: <Newly Inserted by Presidential Decree No.
23545, Jan. 26, 2012>
1. A leakage, fire, or explosion that occurs in a facility specified in paragraph (1)
(excluding facilities specified in paragraph (2); the same shall apply hereafter in
subparagraph 2) to probably kill or injure workers;
2. A leakage, fire, or explosion that occurs in a facility specified in paragraph (1) to
inflict bodily injuries upon residents in the neighborhood.

법제처 54 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 33-7 (Details of Process Safety Reports)


Any process safety report referred to in Article 49-2 of the Act shall include the
following matters:<Amended by Presidential Decree No. 22269, Jul. 12, 2010>
1. Process safety information;
2. Process safety evaluation report;
3. Safety operation plan;
4. Emergency control plan;
5. Other matters deemed necessary and announced by the Minister of Employment
and Labor in connection with process safety.
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 33-8 (Submission of Process Safety Reports) (1) Where a business owner
establishes (including cases where the manufactured, handled, or stored substances
of a existing equipment change or the manufactured, handled, or stored quantity
increases to a level equivalent to the prescribed quantity of harmful or dangerous
substances under attached Table 10) or moves harmful and dangerous equipment
under Article 33-6 or alters its major structural part determined by the Minister of
Employment and Labor, he/she shall prepare a process safety report referred to in
Article 49-2 (1) of the Act and submit it to the Minister of Employment and Labor,
as determined by Ordinance of the Ministry of Employment and Labor. In such cases,
if the content of the Off-site Consequences Analysis on chemical accidents caused
by toxic chemicals submitted by an owner of a place of business pursuant to Article
23 of the Chemicals Control Act (hereinafter referred to as "off-site consequences
analysis") or Risk Management Plan under Article 41 of the same Act (hereinafter
referred to as "risk management plan") amounts to the matters to be included in the
process safety report referred to in Article 33-7, such matters may be substituted
by copies of the off-site consequences analysis or risk management plan.
<Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No.
25251, Mar. 12, 2014; Presidential Decree No. 26093, Feb. 10, 2015>
(2) Where a process safety report to be submitted under paragraph (1) relates to
the unit process equipment which uses high pressure gas referred to in Article 2 of

법제처 55 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

the High-Pressure Gas Safety Control Act, and the relevant business owner
prepares safety control regulations under Article 11 of the same Act and a safety
improvement plan under Article 13-2 of the same Act and submits them to the
permission-granting agency accompanied by a written opinion jointly reviewed and
prepared by the Agency and the Korea Gas Safety Corporation under Article 28 of
the same Act, he/she shall be deemed to have submitted a process safety report on
the unit process equipment.
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 33-9 (Exemption from Submission of Harm or Danger Prevention Plan)


Where a business owner submits a process safety report referred to in Article 49-2
of the Act, he/she shall be deemed to have submitted a plan for prevention of harm
and danger referred to in Article 48 of the Act with respect to harmful or dangerous
equipment.
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 33-10 (Those subject to Request for Sanctions)


"Accidents prescribed by Presidential Decree, such as death of multiple workers or
serious damage to areas adjacent to a place of business" in Article 51-2 (1) 1 of the
Act means any of the following cases:
1. An accident causing the death of at least two workers at the same time;
2. A serious industrial accident referred to in Article 49-2 (1) of the Act.
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 33-11 (Duties of Instructors) (1) "Matters determined by Presidential Decree"


in Article 52-2 (1) 4 of the Act means the following: <Amended by Presidential
Decree No. 25251, Mar. 12, 2014>
1. Preparation of a safety and health improvement plan referred to in Article 50 of
the Act;
2. Instruction on the assessment of danger under Article 41-2 of the Act;
3. Consultation and advice on matters relating to occupational safety.
(2) "Matters determined by Presidential Decree" in Article 52-2 (2) 6 of the Act
means the following matters: <Amended by Presidential Decree No. 25251, Mar. 12,
2014>

법제처 56 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

1. Preparation of a safety and health improvement plan referred to in Article 50 of


the Act;
2. Instruction on the assessment of danger under Article 41-2 of the Act;
3. Consultation and advice on matters concerning occupational health.
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 33-12 (Categories, etc., of Instructors by Service Field) (1) The service fields
of occupational safety instructors referred to in Article 52-2 (3) of the Act shall be
classified into the fields of machinery safety, electric safety, chemical engineering
safety, and construction safety, and the service fields of occupational health
instructors shall be classified into occupational and environment medicine and
industrial hygiene. <Amended by Presidential Decree No. 23545, Jan. 26, 2012;
Presidential Decree No. 25251, Mar. 12, 2014>
(2) Occupational safety instructors and occupational hygiene instructors
(hereinafter referred to as "instructors") may provide services restricted to the field
of service under paragraph (1), and the service scope within the relevant field shall
be listed in attached Table 11. <Amended by Presidential Decree No. 25251, Mar.
12, 2014>
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 33-13 (Institution to Conduct Examination) (1) "Professional agency


prescribed by Presidential Decree"in Article 52-3 (3) of the Act means the Human
Resources Development Service of Korea under the Human Resources Development
Service of Korea Act (hereinafter referred to as "Human Resources Development
Service of Korea").
(2) Where the Minister of Employment and Labor requires the Human Resources
Development Service of Korea to conduct an examination for instructors, on his/her
behalf, pursuant to Article 52-3 (3) of the Act, the Minister of Employment and
Labor may, if necessary, have the said Development Service organize and operate an
examination committee. <Amended by Presidential Decree No. 22269, Jul. 12,
2010>
(3) Matters necessary for the composition and operation of examination committees
shall be determined by the Minister of Employment and Labor. <Amended by

법제처 57 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

Presidential Decree No. 22269, Jul. 12, 2010>


[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 33-14 (Conducting Examinations, etc.) (1) Examinations for instructors


referred to in Article 52-3 (1) of the Act shall be classified into a written
examination and an oral examination and conducted separately.
(2) Written examinations in the examinations for instructors shall be conducted
after classifying it into the first and second tests. The first written test shall be a
multiple-choice one and the second written test shall be an essay in principle, and a
subjective short-answer form may be added to both.
(3) In the examinations for instructors, the subjects and scope of the first written
test shall be the compulsory common subjects I, II, and III as shown in attached
Table 12, and the subjects and scope of the second written test shall be the
compulsory major subjects and scope as shown in attached Table 12. <Amended by
Presidential Decree No. 23545, Jan. 26, 2012>
(4) The second written test in the examinations for instructors shall be conducted
only for those who have passed the first written test.
(5) The oral examination in the examinations for instructors shall be conducted only
for successful applicants in the written examination, or those exempt from the
written examination, and shall evaluate the following matters: <Amended by
Presidential Decree No. 23545, Jan. 26, 2012>
1. Expert knowledge and practical ability;
2. How much he/she understands and awares the industrial safety and health
system;
3. Ability for counseling and instructing.
(6) The public announcement and application procedures of the examination for
instructors, and other matters necessary for the examination shall be determined by
Ordinance of the Ministry of Employment and Labor. <Amended by Presidential
Decree No. 22269, Jul. 12, 2010>
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 33-15 (Partial Exemption from Examination) (1) Qualification for partial
exemption from the examination for instructors under Article 52-3 (2) of the Act

법제처 58 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

and the extent of exemption from the examination under paragraph (5) of the same
Article shall be as follows:
1. Professional engineers in construction safety, professional engineers in machine
safety, professional engineers in industrial hygiene management, professional
engineers in ergonomics, professional engineers in electric safety, and professional
engineers in chemical safety under the National Technical Qualifications Act: the
compulsory major subject, the compulsory common subject I, and the compulsory
common subject II under attached Table 12;
2. Persons holding the qualification for professional engineer in the job field
“construction” (limited to two intermediate job fields, "building" and "civil
engineering"), the job field “machine”, the job field “chemistry”, and the job
field “electricity and electronics” (limited to one intermediate job field "building")
under the National Technical Qualifications Act: the compulsory major subject
under attached Table 12;
3. Doctors specialized in occupational and environmental medicine under the Medical
Services Act: the compulsory major subject, the compulsory common subject I and
the compulsory common subject II under attached Table 12;
4. Persons holding a doctor’s degree in engineering (limited to majors in the fields
of construction safety. machine safety, electric safety and chemical safety),
medicine (limited to the major in occupational and environmental medicine), or
health science (limited to the major in the field of occupational health): the
compulsory major subject under attached Table 12;
5. Persons falling under subparagraph 2 or 4 who have at least three years of
experience working in occupational safety or health affairs after obtaining the
relevant qualification or academic degree: the compulsory major subject and the
compulsory common subject II under attached Table 12;
6. Certified Public Labor Attorneys under the Certified Public Labor Attorney Act:
the compulsory common subject under attached Table 12.
(2) The scope of examination exempted pursuant to paragraph (1) shall be limited
to the written examination on the relevant field.
[This Article Wholly Amended by Presidential Decree No. 25251, Mar. 12, 2014]

법제처 59 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

Article 33-16 (Decision on Successful Applicants) (1) A person who gains not less
than 40 points out of 100 per subject and not less than an average of 60 points in the
written examination shall be a successful applicant.
(2) The oral examination shall evaluate the following matters listed in each
subparagraph of Article 33-14 (5), and any person who gains 6 points out of 10
shall be a successful applicant.
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 33-17 (Measures against Cheaters in Examination)


Where an applicant cheats in the examination for instructors, his/her examination
paper shall be declared null and void and his/her qualification to take the examination
in question has been suspended for five years from the date of the examination.
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 33-18 (Insurance, etc., for Compensation for Damages) (1) Any instructor
(referring to a corporation where the corporation is established pursuant to Article
52-4 (2) of the Act; hereafter the same shall apply in this Article) who has
registered with the Ministry of Employment and Labor pursuant to Article 52-4 (1)
of the Act shall buy a guarantee insurance policy to ensure liability for damages
pursuant to Article 52-7 (2) of the Act. <Amended by Presidential Decree No.
22269, Jul. 12, 2010>
(2) The amount of benefit from the guarantee insurance referred to in paragraph (1)
shall be not less than 20 million won (or the amount calculated by multiplying 20
million won by the number of instructors who are employed by a corporation as
referred to in Article 52-4 (2) of the Act).
(3) Where any instructor compensates for damages with the benefit from the
guarantee insurance stipulated in paragraph (1), he/she shall buy another guarantee
insurance policy within ten days from the date of compensation.
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 34 (Persons Exempted from Training Education)


The phrase “persons prescribed by Presidential Decree" refers to the persons who
have at least five years of practical experience in the field of occupational safety or
occupational health.

법제처 60 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

[This Article Newly Inserted by Presidential Decree No. 25251, Mar. 12, 2014]

Article 35 (Grounds for Revocation, etc., of Registration of Instructors)


The phrase “cases prescribed by Presidential Decree” in subparagraph 5 of Article
52-15 of the Act refers to any of the following cases:
1. Cases where any serious accident occurs by intention or negligence of the person
concerned in the course of performing the duties under Article 52-2 of the Act;
2. Cases of failing to purchase a guarantee insurance policy under Article 52-7 (2)
of the Act or take other necessary measures;
3. Cases of signing or affixing a seal under Article 52-11 (2) of the Act in violation
of paragraph (1) of the same Article;
4. Cases of drawing up any false document related to the duties.
[This Article Newly Inserted by Presidential Decree No. 25251, Mar. 12, 2014]

Article 36 Deleted. <by Presidential Decree No. 18043, Jun. 30, 2003>

Article 37 Deleted. <by Presidential Decree No. 18043, Jun. 30, 2003>

Article 38 Deleted. <by Presidential Decree No. 18043, Jun. 30, 2003>

Article 39 Deleted. <by Presidential Decree No. 18043, Jun. 30, 2003>

Article 40 Deleted. <by Presidential Decree No. 18043, Jun. 30, 2003>

Article 41 Deleted. <by Presidential Decree No. 18043, Jun. 30, 2003>

Article 42 Deleted. <by Presidential Decree No. 18043, Jun. 30, 2003>

Article 43 Deleted. <by Presidential Decree No. 18043, Jun. 30, 2003>

Article 44 Deleted. <by Presidential Decree No. 18043, Jun. 30, 2003>

Article 45 Deleted. <by Presidential Decree No. 18043, Jun. 30, 2003>

Article 45-2 (Those, etc., to be Entrusted as Honorary Inspectors) (1) The Minister of
Employment and Labor may entrust honorary occupational safety inspectors
(hereinafter referred to as "honorary inspectors") from among the following persons
pursuant to Article 61-2 (1) of the Act: <Amended by Presidential Decree No.

법제처 61 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

22269, Jul. 12, 2010>


1. Those who are recommended by the representative of workers, upon considering
the business owner's opinion, from among the workers of business which needs to
organize an industrial safety and health committee or a labor-management council;
2. Those who are recommended by a labor union, which is an associated
organization, or a regional representative body as referred to in Article 10 of the
Trade Union and Labor Relations Adjustment Act from among executives and
employees of the labor union or the regional representative body;
3. Those who are recommended by an organization or its umbrella organization from
among executives and employees belonging to the employers association on a
national scale or its umbrella organization;
4. Those who are recommended by an organization or its umbrella organization from
among executives and employees belonging to the organization which carries out
business related to industrial accident prevention.
(2) The services of honorary inspectors shall be as follows. In such cases, the
scope of services of honorary inspectors commissioned pursuant to para- graph (1)
1 shall be restricted to the services (excluding cases prescribed in subparagraph 8)
in the relevant place of business, and that of services of honorary inspectors
commissioned pursuant to paragraph (1) 2 through 4 shall be restricted to the
services listed in subparagraphs 8 through 10: <Amended by Presidential Decree
No. 22269, Jul. 12, 2010>
1. Participation in a self-inspection conducted in the place of business and
participation in the supervision of the place of business conducted by a labor
inspector;
2. Participation in the establishment of an industrial accident prevention plan in the
place of business and presence at the self-inspection of machinery and tools
conducted in the place of business;
3. Request for corrective measures to the relevant business owner and report to the
supervisory organ in cases of a violation of Acts and subordinate statutes;
4. Request the business owner to suspend working when an industrial accident
seems imminent;

법제처 62 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

5. Presence in the inspection of working environment and a medical checkup of


workers and attendance at the meetings to explain the results;
6. Request the business owner to conduct a provisional medical checkup if there are
multiple workers showing symptoms of occupation-related diseases or having
fallen ill;
7. Guidance for workers on observation of safety rules;
8. Recommendation for the improvement of Acts and subordinate statutes and
industrial accident prevention policies;
9. Participation in activities for raising awareness of safety and health, and in
accident-free campaigns, etc., with providing assistance;
10. Other services determined by the Minister of Employment and Labor in
connection with industrial accident prevention services, such as public relations and
education on industrial accident prevention.
(3) The term of office of an honorary inspector shall be two years, and he/she may
be reappointed.
(4) The Minister of Employment and Labor may pay allowances, etc., to honorary
inspectors to assist their activities. <Amended by Presidential Decree No. 22269,
Jul. 12, 2010>
(5) Necessary matters for the commission, management, etc., of honorary
inspectors shall be prescribed by the Minister of Employment and Labor. <Amended
by Presidential Decree No. 22269, Jul. 12, 2010>
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 45-3 (Decommissioning Honorary Inspectors)


The Minister of Employment and Labor may decommission any honorary inspector in
any of the following cases:<Amended by Presidential Decree No. 22269, Jul. 12, 2010>
1. Where the representative of workers requests the decommissioning of an
honorary inspector commissioned pursuant to Article 45-2 (1) 1, following the
business owner's opinions;
2. Where any honorary inspector commissioned pursuant to Article 45-2 (1) 2
through 4 retires or is decommissioned from the relevant organization or its
umbrella organization;

법제처 63 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

3. Where any honorary inspector commits an unjust act in connection with his/her
duties;
4. Where it has become impractical for any honorary inspector to discharge his/her
duties due to a disease or injury.
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 45-4 (Assistance for Industrial Accident Prevention Projects)


"Projects designated by Presidential Decree" in the former part of Article 62 (1) of
the Act means the projects related to any of the following businesses:<Amended by
Presidential Decree No. 22061, Feb. 24, 2010; Presidential Decree No. 22269, Jul. 12, 2010;

Presidential Decree No. 22496, Nov. 18, 2010; Presidential Decree No. 25251, Mar. 12, 2014>

1. The business of manufacturing, purchasing, repairing, testing and researching


protective devices, protective outfits and safety facilities, which are intended to
prevent industrial accidents, and facilities and equipment, which are intended to
improve working environment, and conducting public relations and furnishing
information thereof, etc.;
2. The business of providing technical assistance in health and safety management
of places of business;
3. The business of conducting education related to occupational safety, and health
and nurturing experts therein;
4. The business of conducting research and developing technology to prevent
industrial accidents;
5. The business of supporting safety inspections;
5-2. Affairs of supporting the assessment of danger under Article 41-2 of the Act;
6. The business of supporting working environment measurement or medical
checkup;
7. The business of purchasing facilities and equipment deemed necessary for the
epidemiological survey and research on the root causes of occupation-related
diseases, or the prevention of occupation-related diseases;
8. The business of raising health and safety awareness and for promoting accident-
free campaigns;
9. The business of purchasing facilities, equipment, etc., necessary for the
assessment of capabilities of a designated measurement institution to measure and

법제처 64 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

analyze working environment pursuant to Article 42 (8) of the Act and for the
assessment of capabilities of institutions charged with conducting health
examination to checkup and analyze health pursuant to Article 43 (9) of the Act;
10. The business of assisting the training of human resources and academic
activities in the field of industrial medicine;
11. The business related to exposure standards of harmful factors, and risk
evaluation and assessment or danger evaluation and assessment on them;
11-2. The business of supporting the operation of facilities for the maintenance and
promotion of workers under subparagraph 3 of Article 61 of the Act;
12. Other businesses of preventing industrial accidents, which are determined by the
Minister of Employment and Labor after going through deliberation by the
Deliberative Committee.
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 45-5 Deleted. <by Presidential Decree No. 15598, Dec. 31, 1997>

Article 46 (Delegation of Administrative Authority) (1) Pursuant to Article 65 (1) of the


Act, the Minister of Employment and Labor shall delegate his/her authority over the
following affairs to the head of each regional employment and labor office and the
head of each employment and labor branch office: <Amended by Presidential Decree
No. 22269, Jul. 12, 2010; Presidential Decree No. 23545, Jan. 26, 2012; Presidential
Decree No. 25251, Mar. 12, 2014; Presidential Decree No. 26985, Feb. 17, 2016;
Presidential Decree No. 27559, Oct. 27, 2016>
1. Requests to submit reports under Article 10 of the Act;
2. An order to select and appoint more than the fixed number of safety officers
under Article 15 (3) of the Act, health officers under Article 16 (3) of the Act, or
persons in charge of safety and health management under Article 16-3 (3) or an
order to replace and appoint safety officers, health officers or persons in charge of
safety and health management;
3. Authorization on a contract for harmful or dangerous works under Article 28 (1)
of the Act and revocation of such authorization under paragraph (4) of the same
Article;

법제처 65 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

3-2. Assessment of specialized guidance institutions for accident prevention under


Article 30-2 (4) of the Act;
3-3. Revocation of the registration of institutions registered pursuant to Article
31-2 of the Act, and an order to suspend the business thereof, under Article 32-3
of the Act;
3-4. Order to submit data under Article 34 (7) of the Act;
4. An order under Article 34-2 (4) of the Act to remove safety certificates or other
certificates similar thereto;
5. An order under Article 34-3 (1) of the Act to revoke the relevant safety
certification and to prohibit the use of safety certificates or to improve to meet
safety certification standards;
6. An order under Article 34-4 (2) of the Act to collect or destroy machinery,
tools, etc., subject to obligatory safety certification;
7. An order under Article 35-2 (4) of the Act to remove voluntary safety
verification certificates or certificates similar thereto;
8. An order under Article 35-3 (1) of the Act to discontinue using voluntary safety
verification certificate or to improve to meet voluntary safety standards;
9. An order under Article 35-4 (2) of the Act to collect or destroy machinery,
tools, etc., subject to voluntary safety confirmation;
10. Deleted;<by Presidential Decree No. 27559, Oct. 27, 2016>
11. An order to revoke of approval for self-inspection programs or to conduct an
inspection according to approved self-inspection programs under Article 36-2 (4)
of the Act;
12. An order to revoke the registration or place restriction on support under Article
36-3 (3) of the Act;
13. An approval for manufacture, import or use of materials of which manufacture
etc., is prohibited under Article 37 (2) of the Act;
14. A permission for manufacture and use of harmful materials and for modification
thereto under Article 38 (1) of the Act, an order under paragraph (4) of the same
Article to repair or remodel equipment, and an order under paragraph (5) of the
same Article to revoke permission for manufacture, etc. of harmful materials and to
suspend business operation;

법제처 66 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

15. Deleted;<by Presidential Decree No. 27559, Oct. 27, 2016>


16. An order to conduct a general asbestos inspection or an asbestos inspection by a
designated institute pursuant to Article 38-2 (4) of the Act or an order to suspend
operations until the results of performance in compliance with such order are
reported;
17. A registration of asbestos dismantlers or removers under Article 38-4 (1) of
the Act, or a revocation of registration and an order under paragraph (6) of the
same Article to suspend business operation;
18. Receipt and confirmation of report of asbestos dismantling or removal works
under Article 38-4 (3) of the Act;
19. Safety evaluation and announcement of the results of asbestos dismantling or
removal works under Article 38-4 (4) of the Act;
20. Receipt of submitted evidentiary data of asbestos concentration under Article
38-5 (1) of the Act;
21. An order under Article 41 (8) of the Act to submit data about safety and health
in handing a substance or an order to modify instructions on how to handle data on
safety and health in handing a substance;
22. Receipt of reports on results of measuring working environment under Article
42 (1) of the Act;
23. Designation of measurement institutions under Article 42 (4) of the Act, or an
order to revoke such designation or to suspend business under paragraph (10) of
the same Article;
24. Deleted;<by Presidential Decree No. 25251, Mar. 12, 2014>
25. Designation of institutions charged with conducting the health examination under
Article 43 (1) of the Act, and revocation of such designation or an order to suspend
business under paragraph (11) of the same Article;
26. Orders issued to conduct provisional health examinations, etc. under Article 43
(2) of the Act, and receipt of reports on results of health examinations under
paragraph (4) of the same Article;
27. Designation of training institutions to train those holding qualifications or
licenses or for workers to acquire skill under Article 47 (2) of the Act, and
revocation of such designation and an order for suspension of business under

법제처 67 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

paragraph (4) of the same Article;


28. An order to suspend work or construction and to amend a plan for preventing
harmfulness and danger under Article 48 (4) of the Act;
29. An order to undergo safety and health inspections under Article 49 of the Act;
30. An order to modify a process safety report under Article 49-2 (3) of the Act,
an evaluation of performance of a process safety report under Article 49-2 (9), or
an order to re-submit a process safety report under Article 49-2 (10);
31. An order under Article 50 (1) and (2) of the Act to establish, implement, etc.,
safety and health improvement plans;
32. An order under Article 51 (2) of the Act to submit reports or to appear to state
opinions;
33. An order to take measures necessary to replace, discontinue the use of, or
remove any construction or annex, machinery, tools, equipment or raw materials,
or to improve facilities under Article 51 (6) of the Act;
34. An order under Article 51 (7) of the Act to suspend business operation;
35. An order under Article 51 (8) of the Act to observe health and safety
management regulations, etc.;
36. Receipt and handling of reports on violations of Acts and subordinate statutes
under Article 52 of the Act;
37. Registration of instructors under Article 52-4 (1) of the Act, revocation of such
registration and orders for suspension of business under Article 53-15 of the Act;
38. Tasks related with appointment of honorary occupational safety inspectors
under Article 61-2 (1) of the Act;
39. Hearings on delegated authority, among authority falling under subparagraphs of
Article 63-2 (1) of the Act;
40. Imposition and collection of an administrative fines under Article 72 of the Act;
41. Receipt of documents under Articles 12 (6), 16 (3) and 20 (3);
42. Receipt of confirmation request and confirmation under Article 30-3 (3);
43. Receipt of written applications under Article 32-5;
44. Other supervisory measures with regard to the exercise of authority falling
under subparagraphs 1 through 43 above.

법제처 68 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

(2) The Minister of Employment and Labor shall delegate the following authority to
the head of a regional employment and labor office: <Amended by Presidential
Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 25251, Mar. 12, 2014;
Presidential Decree No. 27559, Oct. 27, 2016>
1. Designation of specialized safety management institutions under Article 15 (4) of
the Act and revocation of such designation or an order for suspension of business
under Article 15-2 of the Act;
2. Tasks concerning imposition and collection of penalty surcharges on specialized
safety management institutions under Article 15-3 of the Act;
3. Designation of specialized safety management institutions (excluding specialized
safety management institutions by industry or harmful factor), revocation of such
designation and an order for suspension of business under Article 16 (3) of the
Act;
4. Tasks concerning imposition and collection of penalty surcharges on specialized
safety management institutions under Article 16 (3) of the Act;
5. Designation of specialized institutions for accident prevention, revocation of such
designation and an order for suspension of business under Article 30-2 (1) and
(3) of the Act;
6. Tasks concerning imposition and collection of penalty surcharges on specialized
institutions for accident prevention under Article 30-2 (3) of the Act;
6-2 Registration of institutions entrusted with safety management under Article 31
(5) of the Act, revocation of their registration, and an order to suspend their
business, under Article 15-2 of the Act which shall apply mutatis mutandis pursuant
to Article 32-3 of the Act;
6-3. Registration of institutions entrusted with on-the-job education under Article
32 (3) of the Act, revocation of their registration, and an order to suspend their
business, under Article 15-2 of the Act which shall apply mutatis mutandis
pursuant to Article 32-3 of the Act;
6-4. Designation of designated inspection institutions under Article 36-2 (3) of the
Act, and revocation of their registration, and an order to suspend their business,
under Article 15-2 of the Act which shall apply mutatis mutandis pursuant to
Article 36-2 (7) of the Act;

법제처 69 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

6-5. Designation of asbestos inspection institutions under Article 38-2 (2) of the
Act, and revocation of their registration and an order to suspend their business,
under Article 15-2 of the Act which shall apply mutatis mutandis pursuant to
Article 38-2 (7) of the Act;
7. Designation of health and safety inspection institutions under Article 49 (1) of the
Act, revocation of such designation and an order for suspension of business under
paragraph (4) of the same Article;
8. Hearings on delegated authority, among authority falling under subparagraphs of
Article 63-2 (1) of the Act;
9. Acceptance of written applications under Articles 15-3, 19-3 (excluding written
applications for designation of specialized safety management institutions by
industry or harmful factor), 26-9 and 33-4;
10. Supervisory measures with regard to the exercise of authority falling under
subparagraphs 1 through 9 above.
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 47 (Entrustment of Business Affairs) (1) Pursuant to Article 65 (2) of the Act,
the Minister of Employment and Labor shall entrust the Agency with the business
affairs specified in Article 65 (2) 2, 3-2, 4-2, 9, 9-2, 10-2, 11, 11-2, 11-3, 12,
13-2, 13-3, 14-2, 15 through 18, 18-2 through 18-4, and 19 of the Act.
<Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No.
23545, Jan. 26, 2012; Presidential Decree No. 25251, Mar. 12, 2014>
(2) Pursuant to Article 65 (2) of the Act, the Minister of Employment and Labor
shall entrust the business affairs specified in Article 65 (2) 1, 3, 4, 5 through 8, 10,
13, and 14 of the Act, to the Agency or a nonprofit corporation or a specialized
institution, designated and publicly announced by the Minster of Employment and
Labor or registered with the Minster of Employment and Labor, from among
nonprofit corporations and specialized institutions specified in the following
subparagraphs, which meet prerequisites for human resources, facilities, and
equipment to perform the entrusted business affairs: <Amended by Presidential
Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23545, Jan. 26, 2012;
Presidential Decree No. 25251, Mar. 12, 2014>

법제처 70 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

1. Corporations that meet all the following prerequisites: Provided, That the
prerequisite under item (b) shall not apply where the business affairs specified in
Article 65 (2) 4 of the Act are entrusted:
(a) Nonprofit corporations;
(b) The purpose of incorporation shall be to promote occupational safety and
health or to prevent industrial accidents;
2. Institutions designated by the Minster of Employment and Labor pursuant to
Article 15 (4), 16 (3), 30-2 (1), 38-2 (2), 42 (4), 43 (1), 47 (2), or 49 (1) of
the Act;
3. Public institutions under the Act on the Management of Public Institutions
established to perform the business of certification and inspection of machinery,
tools, equipment, etc., research and development of manufacturing technology, etc.,
education, assessment, etc;
4. Schools, defined in Article 2 of the Higher Education Act, with a department
relating to occupational safety and health.
(3) Where the Minister of Employment and Labor entrusts business affairs to the
Agency, non-profit corporations and professional agencies concerned under
paragraph (2), he/she shall publish matters concerning the names of entrusted
institutions and entrusted business affairs in the Official Gazette or post them on the
website. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 47-2 (Fees)


"Person as prescribed by Presidential Decree" in Article 66 (1) 13 of the Act means
a person who intends to undergo education pursuant to subparagraphs 8 and 9 of
attached Table 4, and subparagraph 7 of attached Table 6.
[This Article Wholly Amended by Presidential Decree No. 21653, Jul. 30, 2009]

Article 47-3 (Processing of Sensitive Information and Personally Identifiable


Information)
The Minister of Employment and Labor (including those persons to whom any
authority of the said Minister is delegated or any affair thereof is entrusted pursuant
to Article 65 of the Act) and labor inspectors may, if inevitable for performing the

법제처 71 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

following matters, process any information on health under Article 23 of the Personal
Information Protection Act, information equivalent to criminal background data under
subparagraph 2 of Article 18 of the Enforcement Decree of the same Act, and data
containing resident registration numbers or foreigner registration numbers under
subparagraph 1 or 4 of Article 19 of the same Decree:
1. Affairs which are requested to cooperate on by the Minister of Employment and
Labor pursuant to Article 9 of the Act, and which have relation to the processing of
data concerning industrial accidents or health examinations;
2. Affairs concerning records and reports on industrial accidents under Article 10 of
the Act;
3. Affairs concerning health examinations under Article 43 of the Act;
4. Affairs concerning epidemiological inspections under Article 43-2 of the Act;
5. Affairs concerning the issuance of health management under Article 44 of the
Act;
6. Affairs concerning prohibition of and restrictions on under Article 45 of the Act;
7. Affairs concerning examination for instructors under Article 52-3 of the Act;
8. Affairs concerning registration of instructors under Article 52-4 of the Act.
[This Article Newly Inserted by Presidential Decree No. 24684, Aug. 6, 2013]

Article 47-4 (Re-Examination of Regulation) (1) The Minister of Employment and


Labor shall examine the appropriateness of the following matters every three years,
counting from each base date specified in the following (referring to the day before
every third anniversary from the base date) and shall take measures, such as making
improvements: <Amended by Presidential Decree No. 25840, Dec. 9, 2014;
Presidential Decree No. 26985, Feb. 17, 2016; Presidential Decree No. 27559, Oct.
27, 2016>
1. Scope of the enterprises under Article 2-2 (1) and subparagraph 3 of attached
Table 1: January 1, 2016;
1-2. Businesses required to appoint persons in charge of safety and health
management under Article 19-4: January 1, 2019;
2. Grounds for revocation, etc. of designation of educational institutions under
Article 33, the purpose of which is to foster persons holding qualifications or
licenses, or for employees to acquire skills: January 1, 2014.

법제처 72 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

(2) The Minister of Employment and Labor shall examine the appropriateness of the
following matters every three years, counting from each base date specified in the
following (referring to the day before every third anniversary from the base date)
and shall take measures, such as making improvements: <Newly Inserted by
Presidential Decree No. 25840, Dec. 9, 2014; Presidential Decree No. 27751, Dec.
30, 2016>
1. Projects requiring designation of persons in general charge of safety and health
under Article 23: January 1, 2017;
2. Disposal of undecided matters, etc., under Article 25-5: January 1, 2017;
3. Requirements for designation of designated measurement institutions under
Article 32-4: January 1, 2017;
4. Deleted;<by Presidential Decree No. 27751, Dec. 30, 2016>
5. Grounds for revoking designation of measurement institutions, etc., under Article
32-6: January 1, 2017.
[This Article Newly Inserted by Presidential Decree No. 25050, Dec. 30, 2013]

Article 48 (Guidelines for Imposition of Administrative Fines)


Guidelines to impose administrative fine under the provisions of Article 72 (1)
through (5) of the Act shall be as prescribed in attached Table 13.
[This Article Wholly Amended by Presidential Decree No. 22824, Apr. 4, 2011]

ADDENDA <No. 13053, 14. Jul, 1990>


Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That
Articles 26, 28 (1) 8 and 29 (2) shall enter into force on January 1, 1992.
Article 2 Omitted.
Article 3 (Transitional Measures concerning Safety Officer in Office)
(1) A person who has been employed, as at the time this Decree enters into force,
as a safety officer under the former provisions and who does not fully meet the
qualifications for a safety officer under this Decree shall be deemed a safety officer
assigned under this Decree until December 31, 1991.

법제처 73 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

(2) A person who is reported as a safety officer under the previous provisions as at
the time this Decree enters into force shall be deemed a safety officer reported in
accordance with Article 12 (3) of this Decree.
Article 4 (Transitional Measures concerning Health Officer in Office)
A person who is reported as a full-time health officer under the former provisions as
at the time this Decree enters into force shall be deemed a full-time health officer
reported in accordance with Article 16 (3) of this Decree.
Article 5 (Transitional Measures concerning Person in Charge of Health in Office)
(1) A person who has been employed as at the time this Decree enters into force as
a health officer in charge of industrial sanitary management under the former
provisions and who does not fully meet the qualifications for a health officer under
this Decree shall be deemed a health officer assigned under this Decree until
December 31, 1991.
(2) A person who has been employed as at the time this Decree enters into force as
a health officer in charge of health management under the former provisions shall be
deemed a health officer assigned under this Decree until he/she is newly assigned
according to the qualification standards of this Decree.
Article 6 (Transitional Measures concerning Reduction of Working Hours in Harmful or
Dangerous Works)
In applying Article 46 of the Act and Article 33 of this Decree, until measures to
ensure safety and health of works are completely taken as set forth in Articles 23
and 24 of the Act, such provisions above mentioned shall not deteriorate the
previous working conditions in relation to payment of wages including working hours
and allowances for works, among those prescribed in Article 33 (3) of this Decree,
for which working hours are restricted to six hours a day under the Article 43 of the
former Labor Standards Act and Article 26 of the Decree of the same Act, or for
which over time wages are paid for working hours beyond six hours a day under the
Article 46 of the Labor Standards Act, or for which allowances in relation to harmful
or dangerous works are paid.
Article 7 (Application of Provisions on Implementation of Education of Safety Officer for
Limited Period)

법제처 74 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

Education by institutes designated by the Minister of Labor as prescribed in


subparagraph 7 and 8 of attached Table 4 shall be carried out until December 31,
1998. <Amended by Presidential Decree No. 14010, Nov. 20, 1993; Presidential
Decree No. 14787, Oct. 19, 1995>

ADDENDA <No. 13282, 01. Feb, 1991>


Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.

ADDENDA <No. 13563, 31. Dec, 1991>


Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.

ADDENDA <No. 13870, 06. Mar, 1993>


Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.

ADDENDA <No. 14010, 20. Nov, 1993>


(1) (Enforcement Date) This Decree shall enter into force on the date of its
promulgation: Provided, That the amendment provisions of subparagraphs 10 and 11
of Article 46 and Article 47 (1) 7-2 and 8 shall enter into force on July 1, 1994 ; the
amendment provisions of Article 28 (1) 10 and 11, on July 1, 1995.
(2) (Transitional Measures concerning Assignment of Safety Officer and Health
Officer) A business owner who is required to assign new or additional safety officers
or health officers under the amendment provisions of the Table 3 or 5 shall assign
them by December 31, 1994.

법제처 75 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

(3) (Transitional Measures concerning Modification of Entrustment Criteria for


Health Management Business) A business owner who entrusts the business of a
health officer under the former provisions as at the time this Decree enters into
force and who is newly required to assign a health officer pursuant to the amendment
provisions of Article 19 (1) shall assign him/her until December 31, 1994.

ADDENDA <No. 14438, 23. Dec, 1994>


Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.

ADDENDA <No. 14446, 23. Dec, 1994>


Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.

ADDENDA <No. 14447, 23. Dec, 1994>


Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.

ADDENDA <No. 14450, 23. Dec, 1994>


Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.

ADDENDA <No. 14787, 19. Oct, 1995>

법제처 76 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

Article 1 (Enforcement Date)


This Decree shall enter into force on the date of its promulgation : Provided, That
the amendment provisions of Articles 33-5 through 33-8 shall enter into force on
January 1, 1996; the amendment provisions of Article 17 (1) 3, and Articles 32-2
and 33-11 through 33-15, on July 1, 1996; the amendment provisions of Articles
33-9, 33-10 and 33-16, on January 1, 1997.
Article 2 (Transitional Measures concerning Existing Harmful and Dangerous
Equipment)
(1) Any business owner of a place of business who possesses the harmful and
dangerous equipment under the amended provisions of Article 33-5 as at the time
this Decree enters into force shall prepare a process safety on the equipment
equivalent to a fourth of the total equipment for four years annually starting from
1996 and submit it to the Minister of Labor by September 30 each year.
(2) Deleted. <by Presidential Decree No. 16947, Aug. 5, 2000>
Article 3 (Transitional Measures concerning Health Management Agencies, etc.)
Any person who has been designated as a health agency, designated measurement
institution, or construction accident prevention specialized institution under the
former provisions as at the time this Decree enters into force shall be deemed to
have been designated as a health agency, designated measurement institution or
construction accident prevention institution under this Decree, respectively.

ADDENDA <No. 15372, 16. May, 1997>


Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the
amended provisions of subparagraph 12 of attached Table 4 shall enter into force on
July 1, 1997, the amended provisions of subparagraph 1 of Article 26-3 shall enter
into force on January 1, 1999 and the amended provisions of Article 29 (1) 2 and
subparagraph 7 of Article 30 shall enter into force on January 1, 2000.
Article 2 (Transitional Measures concerning Qualifications for Health Officers)
Any person who has been in office as a health officer under the former provisions
and who falls short of the qualification standards under the amended provisions of

법제처 77 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

subparagraphs 5 and 6 of attached Table 6 as at the time this Decree enters into
force shall be deemed a health officer under this Decree only during his/her tenure of
office at the place of business concerned.
Article 3 (Transitional Measures concerning Composition of Industrial Safety and Health
Committee)
Any place of business which has composed and operated an Industrial Safety and
Health Committee under the previous provisions and which falls short of the
amended provisions of Article 25-2 at the time of entry into force of this Act shall
compose Industrial Safety and Health Committee to conform to the amended
provisions of the same Article by July 31, 1997.
Article 4 (Transitional Measures concerning Construction Accident Prevention
Specialized Institution)
(1) Any construction accident prevention institution, designated educational
institution, educational institution for acquisition of workers' skills, or safety and
health diagnosis institution designated under the previous provisions at the time of
entry into force of this Decree shall be deemed to have been designated as a
specialized institution for accident prevention, designated educational institution,
educational institution for acquisition of workers' skills, or safety and health
diagnosis institution under this Decree. In this case, the head of the competent
administrative agency shall receive delivery of a written designation within 2 months
after the entry into force of this Decree.
(2) Where any branch office of a construction accident prevention specialized
institution, etc., as referred to in paragraph (1) makes an application for delivery of a
written designation within 2 months after the entry into force of this Decree to
continue to carry out the business concerned, the head of the competent
administrative agency shall deliver a written designation to the branch office
concerned on condition that it shall be equipped with manpower, facilities and
equipment within the time limit as determined by Ordinance of the Ministry of Labor.
Article 5 (Transitional Measures concerning Application of Standards for Administrative
Dispositions)
The application of the standards for administrative standards for offenses committed
prior to the entry into force of this Decree shall be governed by the previous

법제처 78 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

provisions.

ADDENDA <No. 15389, 11. Jun, 1997>


Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.

ADDENDA <No. 15598, 31. Dec, 1997>


This Decree shall enter into force on January 1, 1998.

ADDENDA <No. 16115, 08. Feb, 1999>


(1) (Enforcement Date) This Decree shall enter into force on the date of its
promulgation.
(2) Omitted.

ADDENDA <No. 16326, 24. May, 1999>


Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.

ADDENDA <No. 16388, 08. Jun, 1999>


This Decree shall enter into force on the date of its promulgation: Provided, That the
amended provisions of Article 25-3 shall enter into force on the date falling under
the elapse of one year after this Decree is promulgated.

ADDENDA <No. 16947, 05. Aug, 2000>

법제처 79 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

Article 1 (Enforcement Date)


This Decree shall enter into force on the date of its promulgation: Provided, That the
amended provisions of Articles 10 (1) 5-2, 11 (1) and 12 (2) of the Act shall enter
into force on January 1, 2001 and the amended provisions of subparagraph 7 of
attached Table 1 (limited to matters relating to the application of Article 42 of the
Act and Article 43 (1) through (3) and (6) of the Act) shall enter into force on
January 1, 2002.
Article 2 (Applicability to Standards for Appointing Safety Managers of Construction
Business)
The amended provisions of Article 12 (2) shall apply starting with any construction
work which starts after January 1, 2001.
Article 3 (Applicability to Survey of Harmfulness of New Chemical Substances)
The provisions of Article 40 of the Act with respect to the survey of the harmfulness
of new chemical substances which are subject to the new application of the amended
provisions of subparagraphs 1 and 2 of attached Table 1 shall apply starting with any
new chemical substances the business subject to the application of the same
subparagraphs of the same Table intends to manufacture or import after this Decree
enters into force.
Article 4 (Applicability to Prohibition on Harmful Work Contract)
The provisions of Article 28 of the Act with respect to authorization for the harmful
work contract which is subject to the new application of amended provisions of
subparagraphs 1, 2 and 4 through 6 of attached Table 1 shall apply starting with the
work for which the business subject to the application of the same subparagraphs of
the same Table intends to grant a contract or a subcontract after this Decree enters
into force.
Article 5 (Applicability to Preparation and Keeping of Substance Safety and Health Data)
The provisions of Article 41 of the Act with respect to the preparation and keeping
of the substance safety and health data which is subject to the new application of
subparagraphs 1, 2 and 7 of attached Table 1 shall apply starting with chemical
substances or chemical substances containing pharmaceutical preparations which the
business subject to the application of the same subparagraphs of the same Table
intends to manufacture, import, use, transport or store after this Decree enters into

법제처 80 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

force.
Article 6 (Transitional Measures concerning Submission of Process Safety Report)
Any person who is in possession of facilities and equipment which are not storage
facilities and equipment of heating fuel from among storage facilities and equipment
under the previous provisions of Article 33-5 (2) 3 as at the time this Decree enters
into force shall prepare a process safety report on the facilities and equipment
concerned and file such report with the Minister of Labor within 6 months after this
Decree enters into force.
Article 7 (Transitional Measures concerning License for Manufacturing and Using
Harmful Substances)
Any business subject to the application of subparagraph 1 of attached Table 1, where
it manufactures and uses harmful substances as at the time this Decree enters into
force, which require such business to obtain a license to do so under Article 38 (1)
of the Act, shall obtain a license for manufacturing and using such harmful
substances within 6 months after this Decree enters into force.
Article 8 (Transitional Measures concerning Obligation to Take Safety and Health
Measures)
Any business which is subject to the application of subparagraph 7 of attached Table
1 shall, where such business fails to take measures for safety and health in
accordance with Articles 23 and 24 of the Act as at the time this Decree enters into
force, take necessary measures for safety and health within six months after this
Decree enters into force.
Article 9 (Transitional Measures concerning Employment Limits by Qualifications, etc.)
Any business subject to the application of subparagraph 7 of attached Table 1 shall,
where such business requires any persons other than persons who have
qualifications, licenses, experiences or skills necessary to perform the work under
Article 47 of the Act to perform such work as at the time this Decree enters into
force, require persons who have qualifications, licenses, experiences and skills
necessary to perform such work within six months after this Decree enters into
force.
Article 10 (Transitional Measures concerning Machinery, etc. Requiring Measures to
Prevent Harms and Dangers)

법제처 81 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

Any person, from among persons who lease machinery and apparatuses, etc. to other
persons or get such machinery and apparatuses, etc. leased from other persons
under the amended provisions of subparagraphs 20 through 23 of attached Table 8
as at the time this Decree enters into force, shall, where he/she intends to continue
to lease such machinery andapparatuses, etc. or get them leased after the
enforcement of this Decree, take measures necessary to prevent harms and dangers
prescribed by Ordinance of the Ministry of Labor in accordance with Article 33 (2)
of the Act within three months after this Decree enters into force.

ADDENDA <No. 17115, 29. Jan, 2001>


Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.

ADDENDA <No. 17137, 24. Feb, 2001>


Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.

ADDENDA <No. 18043, 30. Jun, 2003>


Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2003.
Article 2 (Applicability to Places of Business Subject to Publication)
The amended provisions of Article 8-3 shall apply, starting with any place of
business where an industrial disaster occurs after the enforcement of this Decree.
Article 3 (Applicability to Prohibition on Contract)
The amended provisions of Article 26 (1) 3 shall apply, starting with the work of
disassembling and removing substances, which is required to obtain permission in
accordance with the amended provisions of Article 38 and is first performed under a
contract (including any subcontract) after the enforcement of this Decree.

법제처 82 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

Article 4 (Applicability to Disassembly and Removal of Harmful Substances Subject to


Permission)
The amended provisions of Article 30 (2) shall apply, starting with the work, which
is first performed to disassemble and remove harmful substances, after the
enforcement of this Decree.
Article 5 (Transitional Measures concerning Prohibition on Manufacture of Harmful
Substances, etc.)
(1) Any person who manufactures, imports, transfers, provides or uses harmful
substances, which are prohibited from being manufactured, imported, transferred,
provided or used in accordance with the amended provisions of Article 29 (1) 2, 3, 5,
and 8 at the time of enforcement of this Decree, may manufacture, import, transfer,
provide or use such harmful substances within the term of 6 months after the
enforcement of this Decree.
(2) Any person who manufactures, imports and uses harmful substances subject to
the prohibition provided for in paragraph (1) for the purpose of experiment and
research shall obtain approval for manufacturing, importing and using such harmful
substances within the term of 3 months after the enforcement of this Decree.
Article 6 (Transitional Measures concerning Harmful Substances Subject to Permission)
Any person who manufactures or uses harmful substances provided for in Article 38
(1), which is required to obtain permission in accordance with the amended
provisions of Article 30 (1) 3, 7 through 12 and 15 at the time of enforcement of this
Decree, shall obtain permission for manufacturing or using such harmful substances
within the term of 6 months after the enforcement of this Decree.

ADDENDA <No. 18312, 17. Mar, 2004>


This Decree shall enter into force on the date of its promulgation.

ADDENDA <No. 18343, 29. Mar, 2004>


Article 1 (Enforcement Date)
This Decree shall enter into force on March 30, 2004.

법제처 83 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

Articles 2 through 4 Omitted.

ADDENDA <No. 18609, 28. Dec, 2004>


Article 1 (Enforcement Date)
This Decree shall enter into force on January, 1, 2005: Provided, That the amended
provisions of Article 33-9 shall enter into force on January 1, 2006.
Article 2 (Applicability to Expansion of Those Subject to Request for Sanctions, etc.)
The amended provisions of subparagraph 1 of Article 33-9 shall apply, starting with
a case where the relevant industrial disaster occurs after the enforcement of this
Decree.
Article 3 (Transitional Measures concerning Manufacture, etc. of Prohibited Harmful
Materials)
(1) Anyone who is manufacturing, importing, transferring, providing or using
prohibited harmful materials provided for in the amended provisions of Article 29 (1)
2 at the time of enforcement of this Decree may manufacture, import, transfer,
provide or use such prohibited harmful materials for up to 6 months after the
enforcement of this Decree.
(2) Anyone who manufactures, imports and uses prohibited harmful materials
referred to in paragraph (1) for the purpose of experiment and research shall obtain
approval for manufacturing, importing or using the prohibited harmful materials from
the Minister of Labor within 3 months after the enforcement of this Decree.

ADDENDA <No. 19203, 28. Dec, 2005>


(1) (Enforcement Date) This Decree shall enter into force on January 1, 2006.
(Proviso Omitted.)
(2) and (3) Omitted.

ADDENDA <No. 19513, 12. Jun, 2006>


Article 1 (Enforcement Date)

법제처 84 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

This Decree shall enter into force on July 1, 2006.


Articles 2 through 4 Omitted.

ADDENDA <No. 19691, 22. Sep, 2006>


(1) (Enforcement Date) This Decree shall enter into force on September 25, 2006:
Provided, That the amended provisions of Article 25-2 (4) and (5) shall enter into
force on the enforcement date for each scale of place of business listed in paragraph
(2) of the Addenda.
(2) (Provisions concerning Enforcement Date of Industrial Safety and Health Act)
The enforcement date of the amended provisions of Article 19 (1) of the Act
pursuant to the proviso to paragraph (1) of the Addenda of the partially amended
Industrial Safety and Health Act (Act No. 7920) shall be as listed in the following
subparagraphs:
1. A place of business employing 500 full-time workers or more: October 1, 2006;
2. A place of business employing not less than 300 but less than 500 full-time
workers: September 1, 2007;
3. A place of business employing not less than 200 but less than 300 full-time
workers: September 1, 2008;
4. A place of business employing not less than 100 (as for harmful and dangerous
business pursuant to subparagraph 2 of Article 25, 50 full-time workers or more)
but less than 200 full-time workers: September 1, 2009.
(3) (Transitional Measures concerning Fines for Negligence) The application of a
fine for negligence to the violations committed before this Decree enters into force
shall be governed by the former provisions.

ADDENDA <No. 19804, 29. Dec, 2006>


(1) (Enforcement Decree) This Decree shall enter into force on July 1, 2007.
(2) (Applicability to Estimation of Number of Safety Supervisors) The amended
provisions of attached Table 3 shall be applied, starting with the first construction
work that begins after this Decree enters into force.

법제처 85 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

ADDENDA <No. 20483, 28. Dec, 2007>


Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2008: Provided, That the amended
provisions of attached Tables 2, 9-2, 10 and 11 shall enter into force on July 1,
2008.
Article 2 (Transitional Measures on Fines for Negligence)
The former provisions shall apply to fines for negligence regarding violations
committed prior to this Decree entering into force.

ADDENDA <No. 20681, 29. Feb, 2008>


Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.

ADDENDA <No. 20973, 21. Aug, 2008>


Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2009.
Article 2 (Applicability to Submission of Harm and Danger Prevention Plans)
The amended provisions of Article 33-2 shall apply to installation or relocation of
constructions, machinery, tools, equipment, etc. related to the relevant business or
construction work to change major parts thereof one month after this Decree enters
into force.

ADDENDA <No. 21263, 14. Jan, 2009>


Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.

법제처 86 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

ADDENDA <No. 21653, 30. Jul, 2009>


Article 1 (Enforcement Date)
This Decree shall enter into force on August 7, 2009.
Article 2 (Applicability concerning Methods of Appointing Safety Officers)
The amended provisions in the remarks section of attached Table 3 shall apply
beginning with the first construction contract after this Decree enters into force.
Article 3 (Special Cases concerning Asbestos Inspection Services of Designated
Measurement Institution)
Where a designated measurement institution under Article 32-4 has the human
resources, facilities, and equipment (where asbestos analysis is delegated to other
institutions, relevant analysis equipments are excluded) prescribed in the amended
provisions of Article 30-4, it may perform asbestos inspection services under
Article 38-2 of the Act for six months from the date this Decree enters into force,
notwithstanding the amended provisions of Article 30-4.
Article 4 (Transitional Measures for Place of Business subject to Publication)
The amended provisions of Article 8-4 shall also apply to deaths and accidents
occurred before this Decree enters into force.
Article 5 (Transitional Measures for Designated Educational Institution)
A designated educational institution designated under the former provisions as at the
time this Decree enters into force shall be deemed a professional agency delegated
with safety and healthy education under the amended provisions of Article 26-10 for
three years from the date this Decree enters into force.

ADDENDA <No. 22061, 24. Feb, 2010>


Article 1 (Enforcement Date)
This Decree shall enter into force on April 10, 2010.
Article 2 Omitted.

법제처 87 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

ADDENDA <No. 22269, 12. Jul, 2010>


Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.

ADDENDA <No. 22496, 18. Nov, 2010>


Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the
amended provisions of attached Table 13 shall enter into force from the date on
which six month lapse after the promulgation of this Decree.
Article 2 (Transitional Measures concerning Fines for Negligence
(1) The application of standards for imposing a fine for negligence to a violation
committed before this Decree enters into force shall be governed by the former
provisions, notwithstanding the amended provisions of attached Table 13.
(2) No disposition to impose a fine for negligence taken due to a violation committed
before this Decree enters into force shall be counted in the number of violation
pursuant to the amended provisions of attached Table 13.

ADDENDA <No. 22824, 04. Apr, 2011>


Article 1 (Enforcement Date)
This Decree shall enter into force on May 19, 2011.
Article 2 (Transitional Measure concerning Fines for Negligence)Notwithstanding the
amended provisions of attached Table 13, an offense committed before this Decree
enters into force shall be governed

ADDENDA <No. 23248, 25. Oct, 2011>


Article 1 (Enforcement Date)
This Decree shall enter into force on October 26, 2011.
Articles 2 through 4 Omitted.

법제처 88 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

ADDENDA <No. 23545, 26. Jan, 2012>


Article 1 (Enforcement Date)
This Decree shall enter into force on January 26, 2012.
Article 2 (Provisions regarding Enforcement Date of the Occupational Safety and Health
Act)
Pursuant to the proviso to Article 1 of the Addenda to the partial amendment (Act
No. 10968) to the Occupational Safety and Health Act, the amended provisions of
Articles 31 (2), 31-2, and 65 (2) 3-2 of the Act and the amended provisions of
Article 32-2, 32-3, 51 (1), and 72 (4) 3 of the Act (limited to the part relevant to
the amended provisions of Article 31-2 of the Act) shall enter into force on the date
specified for each category in the following subparagraphs:
1. For a construction site for a project where the construction cost is not less than
100 billion won: June 1, 2012;
2. For a construction site for a project where the construction cost is not less than
50 billion won but less than 100 million won: December 1, 2012;
3. For a construction site for a project where the construction cost is not less than
12 billion won but less than 50 million won: June 1, 2013;
4. For a construction site for a project where the construction cost is not less than 2
billion won but less than 12 million won: December 1, 2013;
5. For a construction site for a project where the construction cost is not less than
300 million won but less than 2 billion won: June 1, 2014;
6. For a construction site for a project where the construction cost is less than 300
million won: December 1, 2014.
Article 3 (Applicability to Submission of Plans for Prevention of Harms and Dangers)
The amended provisions of subparagraphs 3 through 10 of Article 33-2 shall apply
where buildings, machinery, tools, or facilities are established or relocated in
connection with a business specified in relevant amended provisions, or where a
person commences works for altering a major structure of buildings, machinery,
tools, or facilities, on or after July 1, 2012.

법제처 89 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

Article 4 (Applicability to Penalty Surcharges)


The amended provisions of attached Table 4-2 shall apply where a ground for
suspending business operation arises, on or after the date this Decree enters into
force.
Article 5 (Transitional Measure concerning Obligatory Safety Certification, Voluntary
Safety Confirmation, and Protective Measures for Prevention of Harms and Dangers)
The amended provisions of Articles 28 (1) and 28-5 (1) and attached Table 7 shall
apply to machinery, tools, etc. manufactured or imported on or after March 1, 2013.
Article 6 (Transitional Measure concerning Revocation of Designation of Asbestos
Inspection Institutions)
If it is intended to revoke the designation of an asbestos inspection institution on a
ground that arose before this Decree enters into force, such cases shall be governed
by the previous provisions, notwithstanding the amended provisions of Article 30-6.
Article 7 (Transitional Measure concerning Fines for Negligence)
An offense committed before this Decree enters into force shall be governed by the
previous provisions in imposing a fine for negligence for such offense,
notwithstanding the amended provisions of attached Table 13.

ADDENDA <No. 23845, 07. Jun, 2012>


Article 1 (Enforcement Date)
This Decree shall enter into force on June 8, 2012.
Articles 2 through 4 Omitted.

ADDENDA <No. 24684, 06. Aug, 2013>


Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2014: Provided, That the amended
provisions of Articles 3-2 and 47-3 shall enter into force on the promulgation date
of this Decree, and amended provisions of subparagraph 40 of attached Table 5 shall
enter into force on January 1, 2015.
Article 2 (Applicability to Appointment of Person in Charge of Health Management in
Construction Business)

법제처 90 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

The amended provisions of subparagraph 40 of attached Table 5 shall apply to


construction works which are commenced on and after January 1, 2015.

ADDENDA <No. 25050, 30. Dec, 2013>


Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)

ADDENDA <No. 25251, 12. Mar, 2014>


Article 1 (Enforcement Date)
This Decree shall enter into force on March 13, 2014: Provided, That the amended
provisions shall enter into force six months after the date of its promulgation, and the
attached Table 10 shall enter into force on the date referred to in the following:
1. Places of business in which at least five full-time workers are employed: six
months after the promulgation date of this Decree;
2. Places of business in which fewer than five full-time workers are employed: one
year and six months after the promulgation date of this Decree.
Article 2 (Applicability to Partial Exemption of Examination for Instructors)
The amended provisions of Article 33-15 shall apply to examinations publicly
announced when and after this Decree enters into force.
Article 3 (Applicability to Subjects and Scope of Examination for Instructors)
The amended provisions of attached Table 12 shall apply to examinations publicly
announced when and after this Decree enters into force.
Article 4 (Transitional Measures concerning Standards for Facilities and Equipments of
Educational Institutions for Basic Safety and Health in Construction Business)
An entity who is registered as educational institution for basic safety and health in
construction business at the time when this Decree enters into force and falls short
of the standards for facilities and equipments under the amended provisions of
subparagraph 3 (b) of attached Table 6-4 shall conform with the amended
provisions of the said Table within three months after this Decree enters into force.
Article 5 (Transitional Measure concerning Administrative Fines)

법제처 91 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

An offense committed before this Decree enters into force shall, notwithstanding the
amended provisions of attached Table 13, be governed by the previous provisions in
imposing an administrative fine for such offense.
Article 6 Omitted.

ADDENDA <No. 25836, 09. Dec, 2014>


Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 6 Omitted.

ADDENDA <No. 25840, 09. Dec, 2014>


Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.

ADDENDA <No. 26093, 10. Feb, 2015>


This Decree shall enter into force on the date of its promulgation.

ADDENDA <No. 26858, 06. Jan, 2016>


Article 1 (Enforcement Date)
This Decree shall enter into force on January 7, 2016.
Articles 2 and 3 Omitted.

ADDENDA <No. 26985, 17. Feb, 2016>


Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the
amended provisions of Article 28-6 (1) 3 and 13, subparagraph 10 of Article 31,
subparagraph 3 (d) and (e) of attached Table 1, and subparagraph 41 of attached

법제처 92 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

Table 3 shall enter into force six months after the date of its promulgation.
Article 2 (Applicability concerning Scale of Business Required to Appoint Safety
Officers)
The amended provisions of subparagraph 41 of attached Table 3 shall apply
beginning with the first construction which is started after the enforcement date
referred to in the proviso to Article 1 of Addenda.
Article 3 (Transitional Measures concerning Standards for Imposition of Administrative
Fines)Notwithstanding the amended provisions of subparagraph 4 (h-3) and (i-3) of
attached Table 13, the previous

ADDENDA <No. 27559, 27. Oct, 2016>


Article 1 (Enforcement Date)
This Decree shall enter into force on October 28, 2016: Provided, That the amended
provisions of Articles 10, 19-4 through 19-6 shall enter into force on the dates
referred to in the following subparagraphs, and the amended provisions of Article
28-6 (1) 14 and 15 shall enter into force one year after the date of its promulgation:
1. Place of business to which at least 30 but less than 50 full-time employees are
assigned: September 1, 2018;
2. Place of business to which at least 20 but less than 30 full-time employees are
assigned: September 1, 2019.
Article 2 (Applicability concerning Places of Business Subject to Publication)
The amended provisions of Article 8-4 (1) 1 and (2) shall apply beginning with the
first publication which is made after January 1, 2017.
Article 3 (Special Cases Concerning Registration of Institutions Which Intend to Be
Entrusted with Safety and Health Education)
(1) Where a specialized institution referred to in each subparagraph of previous
Article 26-10 intends to make registration of an institution entrusted with safety and
health education at the time when this Decree enters into force, it may,
notwithstanding the amended provisions of Article 26-10 (1) and attached Table 6-
3, make registration after meeting standards for personnel, facilities and equipment
under previous attached Table 6-3 within one month from the enforcement date of

법제처 93 국가법령정보센터
「ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT

this Decree.
(2) An institution entrusted with safety and health education which makes
registration pursuant to paragraph (1) shall be meet standards for personnel,
facilities and equipment under the amended provisions of attached Table 6-3 within
three months from the date of registration.
Article 4 (Transitional Measures concerning Standards for Personnel, Facilities and
Equipment to Be Met by Institutions Which Intend to Be Entrusted with On-the-job
Training)
The institutions which are registered with the Minister of Employment and Labor
pursuant Article 32 (3) of the Act at the time when this Decree enters into force
shall meet standards for personnel, facilities and equipment under the amended
provisions of attached Table 6-5 within three months from the enforcement date of
this Decree.

ADDENDA <No. 27751, 30. Dec, 2016>


Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.

ADDENDA <No. 27767, 06. Jan, 2017>


Article 1 (Enforcement Date)
This Decree shall enter into force on January 7, 2017.
Articles 2 through 5 Omitted.

법제처 94 국가법령정보센터

S-ar putea să vă placă și