Korea, Republic of - 2015

1.1 Description of OSH regulatory framework

2.1 Health and safety covers physical and psychological health

2.2 Definition of worker

• 2.2.1 Coverage of particular categories of workers

  Yes.
  

  Related CEACR Comments
  Error retrieving CEACR comment.

  • 2.2.1.1 Migrant workers

    Summary/citation: A worker is defined as "a person, regardless of being engaged in whatever occupation, who offers work to a business or workplace for the purpose of earning wages" as provided in Labor Standards Act.

    Remarks / comments: There is no legal provision explicitly excluding migrant workers from the scope of OSH legislation.

    • Labor Standards Act (Law No. 5309). (Art. 2(1)(1))

    • Occupational Safety and Health Act (Art. 2(2))

    Related CEACR Comments
    Error retrieving CEACR comment.

  • 2.2.1.2 Domestic workers

    No data available.
    

    Related CEACR Comments
    Error retrieving CEACR comment.

  • 2.2.1.3 Home workers

    Summary/citation: A worker is defined as "a person, regardless of being engaged in whatever occupation, who offers work to a business or workplace for the purpose of earning wages" as provided in Labor Standards Act.

    Remarks / comments: There are no legal provisions explicitly excluding home workers from the scope of OSH legislation.

    • Labor Standards Act (Law No. 5309). (Art. 2(1)(1))

    • Occupational Safety and Health Act (Art. 2(2))

    Related CEACR Comments
    Error retrieving CEACR comment.

  • 2.2.1.4 Self-employed persons

    No data available.
    

    Related CEACR Comments
    Error retrieving CEACR comment.

2.3 Definition of employer

2.4 Exclusion of branches of economic activity

• 2.4.1 Agriculture

  Summary/citation: Provisions in the OSH Act generally apply to Agricultural industry in the Republic of Korea.

  Restrictions / obligations: Agricultural business using less than 50 workers ordinarily employed is exempted from applying Article 31 (except for the Special Safety and Health Education stipulated in (3) of this provision) of the OSH Act regarding ‘Safety and Health Education’.

  • Enforcement Decree of the Occupational Safety and Health Act (Table 1)

  Related CEACR Comments
  Error retrieving CEACR comment.

• 2.4.2 Construction

  Summary/citation: Provisions in the OSH Act generally apply to Construction business in the Republic of Korea.

  Restrictions / obligations: The business categorized as construction technology services is exempted from applying Article 31 (except for the Special Safety and Health Education stipulated in (3) of this provision) of the OSH Act regarding ‘Safety and Health Education’.

  • Enforcement Decree of the Occupational Safety and Health Act (Table 1)

  Related CEACR Comments
  Error retrieving CEACR comment.

• 2.4.3 Services

  Summary/citation: Only part of the Occupational Safety and Health Act applies to the business categorized as information services, finance & insurance services, defence & social security services, etc.

  • Enforcement Decree of the Occupational Safety and Health Act (Presidential Decree No. 13053) (Table 1)

  Related CEACR Comments
  Error retrieving CEACR comment.

• 2.4.4 Public sector

  Summary/citation: The business categorized as public administration, defence & social security services, education and international & extraterritorial organizations is exempted from applying some articles in the OSH Act such as from Articles 13 to 22, Article 29 (1 – 8), Article 29 (10), Article 31, Article 31-2, Article 32, Article 32-2 and Article 32-3.

  • Enforcement Decree of the Occupational Safety and Health Act (Presidential Decree No. 13053) (Table 1)

  Related CEACR Comments
  Error retrieving CEACR comment.

• 2.4.5 Other

  Summary/citation: Other sectors covered only by part of the OSH Act are described in the Table 1 of the Enforcement Decree of the OSH Act. Notably, only part of the OSH Act applies to the business using less than 5 workers ordinarily employed.

  • Enforcement Decree of the Occupational Safety and Health Act (Presidential Decree No. 13053) (Table 1)

  Related CEACR Comments
  Error retrieving CEACR comment.

2.5 Definition of occupational accident

2.6 Definition of occupational disease

• 2.6.1 List of occupational diseases

  Summary/citation: Pneumoconiosis, Carbon Disulfide Intoxication and other diseases that clearly present proximate causal relation with the occupation are exempted from deliberation by the Occupational Disease Review Commission (hereinafter referred to as the "Review Commission").

  Remarks / comments: Except for the above-mentioned diseases that are listed in the Ordinance of the Ministry of Employment and Labor of the Occupational Safety and Health, all other diseases need to be reviewed by the Review Commission for being compensated by the Industrial Accident Compensation Insurance.

  If the (potential) beneficiary objects the decision by the Review Commission, he/she can file an appeal to the Industrial Accident Compensation Insurance and Prevention Deliberation Committee.

  • Ordinance of the Ministry of Employment and Labor of the Occupational Safety and Health (Art. 7)

  • Enforcement Decree of the Labor Standards Act (Art. 44 (1))

  • Industrial Accident Compensation Insurance Act (No. 1438 of 1963). (Art. 38 (2))

  Related CEACR Comments
  Error retrieving CEACR comment.

• 2.6.2 Mechanism for compensating other diseases as occupational ones

  Summary/citation: The last item from the list of occupational diseases is 'any other disease that is proven to result from occupational duty'.

  Remarks / comments: Even though a disease is not specified in the list, it may be compensated as occupational diseases if the casual link between the work and the disease can be proven.

  • Enforcement Decree of the Labor Standards Act (Table 5)

  Related CEACR Comments
  Error retrieving CEACR comment.

3.1 Competent national authority for safety and health at work

• 3.1.1 Objectives, roles and/or functions

  No data available.
  

  Related CEACR Comments
  Error retrieving CEACR comment.

• 3.1.2 Chairperson and composition

  No data available.
  

  Related CEACR Comments
  Error retrieving CEACR comment.

3.2 National OSH research programme or institute

• 3.2.1 Objectives, roles and/or functions

  Summary/citation: The functions of the Korea Occupational Safety and Health Agency include the following: researching and developing technology to prevent occupational accidents and diseases, providing education and publishing information on occupational safety and health, providing international cooperation support in the field of occupational safety and health, etc.

  • The Act on the Korea Occupational Safety and Health Agency (Art. 6)

  Related CEACR Comments
  Error retrieving CEACR comment.

• 3.2.2 Governance board constitution and chairmanship

  Summary/citation: As a legal entity, the Korea Occupational Safety and Health Agency has a board of directors comprised of 15 directors. The chairman of the board is appointed by the President with the recommendation from the Minister of Employment and Labor.

  • The Act on the Korea Occupational Safety and Health Agency (Art. 7,12)

  Related CEACR Comments
  Error retrieving CEACR comment.

• 3.2.3 Source of funding

  Summary / Citation: The source of funding of the Korea Occupational Safety and Health Agency consists of the endowments/donations given by the Government, the Industrial Accident Compensation Insurance and the Prevention Fund among other revenues.

  • The Act on the Korea Occupational Safety and Health Agency (Art. 13)

  Related CEACR Comments
  Error retrieving CEACR comment.

3.3 National OSH programme

• 3.3.1 Consultation on the national OSH programme

  Summary/citation: "The Minister of Employment and Labor shall publish the industrial accident and disease prevention plan established under paragraph (1) after deliberation by the Deliberation Committee for Industrial Accident Compensation Insurance and Prevention under Article 8 (1) of the Industrial Accident Compensation Insurance Act. This provision shall also apply in cases where he/she intends to modify the plan."

  Industrial Accident Compensation Insurance and Prevention Deliberation Committee (hereinafter referred to as the "Committee") is a committee established in order to deliberate on important matters concerning industrial accident compensation insurance and the prevention of industrial accidents in the Ministry of Employment and Labor. The Committee shall be comprised of the same number of members representing workers, members representing employers, and members representing public interest.

  • Occupational Safety and Health Act (Art. 8 (2))

  • Industrial Accident Compensation Insurance Act (No. 1438 of 1963). (Art. 8)

  Related CEACR Comments
  Error retrieving CEACR comment.

4.1 Duty to ensure the health and safety of employees

4.2 Duty to protect the health and safety of people other than their own employees

4.3 Collaboration among two or more employers at the same workplace

4.4 Surveillance of workers’ health in relation to work

• 4.4.1 Specific hazards for which surveillance is required

  Summary / Citation: Health hazards for which special health examinations are required are specified in the law.

  • Ordinance of the Ministry of Employment and Labor of the Occupational Safety and Health (Table 12-2)

  Related CEACR Comments
  Error retrieving CEACR comment.

4.5 Surveillance of the working environment and working practices

4.6 Duty to provide personal protective equipment

4.7 Duty to ensure the usage of personal protective equipment

4.8 Duty to provide first-aid and welfare facilities

• 4.8.1 Arrangements for first-aid

  Summary / Citation: (1) An employer shall keep first aid outfit necessary to first aid for the injured falling under any of the following subparagraphs and inform workers of the method of how to use it.
  1. Bandage material•absorbent cotton•pincette and band-aid.
  2. Would disinfectant.
  3. Tourniquet•epithesis and stretcher.
  4. A remedy for burns(only applicable to workplaces handling hot objects or concerned with other burn).
  (2) An employer shall designate and maintain a person who manages first aid outfit referred to in paragraph (1).

  • Ordinance of the Occupational Safety and Health Standards (Art. 82)

  Related CEACR Comments
  Error retrieving CEACR comment.

• 4.8.2 Sanitary installations

  Summary / Citation: "(1) An employer, in cases of manufacturing•using permission-required harmful substances, shall make furnish fitting room•bathroom and a locker room for working clothes as well as necessities and tools at a place separated from a workplace.
  (2) An employer, where he installs bath facility and bathhouse pursuant to paragraph (1), shall install them in the order of fitting room, bathroom, a locker room for working clothes and exit, etc so that workers enter the workplace in its order and gets out of the workplace in a reverse order.

  (3) An employer shall take necessary measures such as taking off working clothes, personal protective equipment, etc that workers handling permission-required harmful substances wore at a place where contamination could be prevented and washing contamination to remove it. In such cases, workers shall not take contaminated working clothes out of the designated area to wash them."

  "(1) An employer shall maintain and manage the office cleanly and keep it clean by using a method that controls dust occurrence utmost.
  (2) An employer shall take appropriate measures such as disinfecting bath facilities•makeup room where microorganism causes contamination and vermin generates."
  

  • Ordinance of the Occupational Safety and Health Standards (Art. 464, 653)

  Related CEACR Comments
  Error retrieving CEACR comment.

• 4.8.3 Drinking water

  Summary / Citation: "An employer shall place salt and clean beverage at a place where a worker sweat much in the course of carrying out work."

  • Ordinance of the Occupational Safety and Health Standards (Art. 571)

  Related CEACR Comments
  Error retrieving CEACR comment.

• 4.8.4 Rest and eating areas

  Summary / Citation: Employers shall provide workers rest areas which can be used during recess periods.

  “An employer shall not interfere in the private life of workers lodging in a dormitory annexed to the business or workplace concerned. An employer shall not interfere with the election of staff required for the autonomous management of a dormitory.”

  “An employer who intends to lodge his/her workers in a dormitory annexed to a business or workplace shall prepare dormitory rules concerning the following matters:
  1. Matters pertaining to getting-up and sleeping, and going-out and overnight stay;
  2. Matters pertaining to events;
  3. Matters pertaining to meals;
  4. Matters pertaining to safety and health;
  5. Matters pertaining to the maintenance of buildings and facilities;
  6. Other matters to be applicable to all workers lodging in the dormitory.”

  "An employer shall take measures necessary for the maintenance of health, public morals and lives of the workers lodging in a dormitory annexed to the business or workplace."

  • Labor Standards Act (Law No. 5309). (Art. 98 ~ 100)

  • Ordinance of the Occupational Safety and Health Standards (Art. 79)

  Related CEACR Comments
  Error retrieving CEACR comment.

5.1 Elements of an OSH management system

• 5.1.1 Policy or plan specifying responsibilities and arrangements for health and safety

  Summary/citation: “(1) Although it is not a duty of an employer to create an OSH prevention system, employers of certain businesses are under a duty to assign a safety and health manager who is responsible for the establishment of an industrial accident and disease prevention plan. An employer shall assign a safety and health manager (hereinafter referred to as “safety and health manager”) who is responsible for the overall management and control of the following matters:
  1. Matters concerning the establishment of an industrial accident and disease prevention plan;
  2. Matters concerning the preparation and modification of the safety and health management regulations under Article 20;
  3. Matters concerning the safety and health education of employees under Article 31;
  4. Matters concerning the inspection and improvement of the work environment, such as work environment monitoring, etc., under Article 42;
  5. Matters concerning the management of health, such as health examinations, etc., of workers, under Article 43;
  6. Matters concerning the investigation of the causes of industrial accidents and the establishment of measures to prevent a recurrence;
  7. Matters concerning the record and maintenance of statistics on industrial accidents;
  8. Matters concerning decisions on whether or not safety devices and personal protective equipment related to safety and health meet product standards at the time of purchase; and
  9. Other matters concerning the prevention of harm and hazard to workers under Chapter IV, and as prescribed by the Ordinance of the Ministry of Employment and Labor.
  (2)The safety and health manager shall direct and supervise a safety manager under Article 15 and health managers under Article 16.
  (3)The type and scale of the business to which a safety and health manager is to be assigned and other necessary matters shall be prescribed by the Presidential Decree.”

  "A project specified by Presidential Decree in the former part, above subparagraphs, of Article 18 (1) of the Act means a project for any of the following business and industries, in which full-time workers, including workers employed by contractors and subcontractors, are at least 50 persons (100 persons in a project falling under any provision of subparagraphs 4 through 7) or a construction project in which the total construction cost, including the cost of construction works awarded to contractors and subcontractors, amounts to at least two billion won:
  1. The primary metal industry;
  2. The business of building ships or boats;
  3. The business of mining earth, sand, and stones;
  4. The manufacturing industry (except for business of subparagraphs 1 and 2);
  5. The business of publishing books, magazines, and other printed materials;
  6. The business of publishing music and other audio products;
  7. The business of recycling metal and nonmetal materials."

  • Enforcement Decree of the Occupational Safety and Health Act (Presidential Decree No. 13053) (Art. 23)

  • Occupational Safety and Health Act (Art. 13)

  Related CEACR Comments
  Error retrieving CEACR comment.

• 5.1.2 Appointment of a person for health and safety

  Summary/citation: “Although it is not a duty of an employer to create an OSH prevention system, employers of certain businesses are under a duty to assign a safety and health manager who is responsible for the establishment of an industrial accident and disease prevention plan."

  "A project specified by Presidential Decree in the former part, above subparagraphs, of Article 18 (1) of the Act means a project for any of the following business and industries, in which full-time workers, including workers employed by contractors and subcontractors, are at least 50 persons (100 persons in a project falling under any provision of subparagraphs 4 through 7) or a construction project in which the total construction cost, including the cost of construction works awarded to contractors and subcontractors, amounts to at least two billion won:
  1. The primary metal industry;
  2. The business of building ships or boats;
  3. The business of mining earth, sand, and stones;
  4. The manufacturing industry (except for business of subparagraphs 1 and 2);
  5. The business of publishing books, magazines, and other printed materials;
  6. The business of publishing music and other audio products;
  7. The business of recycling metal and nonmetal materials."

  Remarks / comments: The type and scale of the business to which a safety and health manager is to be assigned and other necessary matters shall be prescribed by the Presidential Decree.”

  • Enforcement Decree of the Occupational Safety and Health Act (Presidential Decree No. 13053) (Art. 23)

  • Occupational Safety and Health Act (Art. 13)

  Related CEACR Comments
  Error retrieving CEACR comment.

• 5.1.3 Written risk assessment

  Summary/citation: "(1) An employer shall find hazards caused by structures, machines, instruments, equipment, raw materials, gas, vapor, dust, etc., work behavior or any other work, determine their riskiness, and take measures under this Act and any order issued under this Act according to the results, and if it is necessary in order to prevent risks or health problems for workers, shall take additional measures.
  (2) If an employer has conducted a risk assessment pursuant to paragraph (1), he/she shall record and keep the contents and results of the assessment, as prescribed by the Ordinance of the Ministry of Employment and Labor.
  (3) The methods of, procedures for, and timing of, finding hazards, determining their riskiness and taking measures under paragraph (1) and other necessary matters shall be determined and announced by the Minister of Employment and Labor."
  

  • Ordinance of the Ministry of Employment and Labor of the Occupational Safety and Health (Art. 92-11)

  • Occupational Safety and Health Act (Art. 41-2)

  Related CEACR Comments
  Error retrieving CEACR comment.

• 5.1.4 Safe operating work systems and procedures

  No data available.
  

  Related CEACR Comments
  Error retrieving CEACR comment.

• 5.1.5 Training and information on risks

  Summary/citation: "An employer shall periodically provide safety and health education for workers in the workplace as prescribed by the Ordinance of the Ministry of Employment and Labor."

  • Occupational Safety and Health Act (Art. 31 (1))

  Related CEACR Comments
  Error retrieving CEACR comment.

• 5.1.6 Review or assessment of the results of preventive measures

  No data available.
  

  Related CEACR Comments
  Error retrieving CEACR comment.

• 5.1.7 Consultation with workers in health and safety

  Summary/citation: An employer may organize and operate a labor-management consultative body on safety and health, composed of an equal number of workers and employers. The employer who organizes and operates a labor- management consultative body shall go through deliberation and decision by the labor management consultative body with regard to ta number of matters described in the law.

  • Occupational Safety and Health Act (Art. 29-2)

  Related CEACR Comments
  Error retrieving CEACR comment.

5.2 Obligation to implement a specific OSH management system or standard

6.1 OSH competence

• 6.1.1 Requirement to access expert advice and/or support in health and safety

  Summary / Citation: "(1)An occupational safety consultant shall perform the following duties at the request of others:

  1.Evaluation and guidance on safety in a work process;

  2.Evaluation and guidance on the prevention of harm and hazard;

  3.Preparation of the plan and report referred to in subparagraphs 1 and 2; and

  4.Other matters concerning occupational safety and prescribed by the Presidential Decree.

  (2)An occupational hygiene consultant shall perform the following duties at the request of others:

  1.Evaluation of work environment and guidance on the improvement of work environment;

  2.Preparation of a plan and report concerning the improvement of work environment;

  3. Surveys and research on occupational hygiene; and

  4.Other matters concerning occupational hygiene and prescribed by the Presidential Decree.

  (3)Necessary matters concerning the areas, scope, etc., of services provided by occupational safety and hygiene consultants (hereinafter referred to as the “consultant”) shall be prescribed by the Presidential Decree."

  Remarks / comments: Although an employer does not have the duty to hire the certified Occupational Safety/Hygiene Consultants, the government encourages employers to consult such OSH competence voluntarily by exempting the workplace from certain government/ministry issued examinations related to OSH requirements.

  • Occupational Safety and Health Act (Art. 52-2)

  Related CEACR Comments
  Error retrieving CEACR comment.

  • 6.1.1.1 Qualifications of experts or professional services

    Summary / Citation: "A person who intends to be a consultant shall pass the examination for consultant administered by the Minister of Employment and Labor."

    • Occupational Safety and Health Act (Art. 52-3 ~ 52-15)

    Related CEACR Comments
    Error retrieving CEACR comment.

6.2 Appointment of an OSH practitioner

• 6.2.1 Workforce size threshold for the appointment of OSH practitioners

  Summary/citation: The prerequisites on the appointment of safety managers/health managers are specified in Table 3/Table 5 of the Enforcement Decree of the Occupational Safety and Health Act.

  • Enforcement Decree of the Occupational Safety and Health Act (Presidential Decree No. 13053) (Art. 12(1),16(1))

  Related CEACR Comments
  Error retrieving CEACR comment.

7.1 Duty to take reasonable steps to protect their own safety and health

7.2 Duty to take reasonable steps to protect the safety and health of others

7.3 Supervisors’ duty to take reasonable steps to protect the safety and health of others

7.4 Senior officers’ duty to take reasonable steps to protect the safety and health of others

7.5 Self-employed persons’ duty to take reasonable steps to protect their own and other people’s health and safety

7.6 Duty to comply with OSH-related requirements

7.7 Right to enquire about risks and preventive measures

7.8 Right to remove themselves from a dangerous situation

7.9 Right to be reassigned to non-hazard work

• 7.9.1 Right to withdraw with compensation when workers are not reassigned to non-hazard work

  No data available.
  

  Related CEACR Comments
  Error retrieving CEACR comment.

8.1 National OSH committee, commission, council or similar body

• 8.1.1 Objectives, roles and/or functions

  Summary / Citation: The Industrial Accident Compensation Insurance and Prevention Deliberation Committee under Article 8 (1) of the Act (hereinafter referred to as “Committee”) shall deliberate on the following matters:

  1. Matters concerning the criteria for calculating medical care benefits under Article 40 (5) of the Act, such as the scope and amount of medical care benefits;

  2. Matters concerning the determination of the rates of industrial accident compensation insurance premiums under Article 14 (3) and (4) of the Insurance Premium Collection Act;

  3. Matters concerning the establishment of the plan for the operation of the Industrial Accident Compensation Insurance and Prevention Fund referred to in Article 98 of the Act; and

  4. Policies concerning occupational safety and health affairs specified in each subparagraph of Article 4 (1) of the Occupational Safety and Health Act and basic mid- and long-term plan for the prevention of industrial accidents as prescribed by Article 8 of the same Act; and

  5. Other matters to be put to deliberation by the Minister of Employment and Labor with respect to industrial accident compensation insurance activities (hereinafter referred to as "insurance activities") and occupational safety and health affairs.

  • Enforcement Decree of the Industrial Accident Compensation Insurance Act (Presidential Decree No. 1837 of 1964). (Art. 3)

  Related CEACR Comments
  Error retrieving CEACR comment.

• 8.1.2 Constitution and chairmanship modalities

  Summary / Citation: The members of the Committee shall be appointed or commissioned by the Minister of Employment and Labor as follows:

  1. Members representing workers shall be five persons who are recommended by trade unions which are a confederation of trade unions;

  2. Members representing employers shall be five persons who are recommended by employers' organizations representing the whole country; and

  3. Members representing the public interests shall be five persons, each described in the following items.
  A. Vice Minister of Employment and Labor
  B. One public official from among senior public officials in charge of industrial accident compensation insurance affairs or industrial accidents prevention affairs in the Ministry of Employment and Labor
  C. Three persons among those recommended by citizens' groups (referring to non-profit private organizations prescribed in Article 2 of the Assistance for Non-Profit Non-Governmental Organizations Act) and those with plenty of academic knowledge or experiences in social insurance and/or industrial accident prevention.

  • Enforcement Decree of the Industrial Accident Compensation Insurance Act (Presidential Decree No. 1837 of 1964). (Art. 4)

  Related CEACR Comments
  Error retrieving CEACR comment.

8.2 Employers’ duty to consult workers on risks

8.3 Workers’ right to select their representatives for health and safety matters

• 8.3.1 Workforce size conditions for workers’ representation in health and safety

  Summary / Citation: The Labour Management Council is a bipartite body that must be established in any company with at least 30 workers. The mandate of the Council is to promote the welfare of workers and seeking the sound development of the business through the participation and cooperation of workers and employers.

  • Promotion of Worker Participation and Cooperation Act (Act No. 5312). (Art. 3)

  Related CEACR Comments
  Error retrieving CEACR comment.

• 8.3.2 Conditions of eligibility to represent workers in health and safety

  No data available.
  

  Related CEACR Comments
  Error retrieving CEACR comment.

8.4 OSH representatives’ functions, rights and powers

• 8.4.1 Right to inspect the workplace

  Summary / Citation: "An employer shall have a person with the qualifications prescribed by the Ordinance of the Ministry of Employment and Labor monitor and evaluate the work environment of the workplaces prescribed by the Ordinance of the Ministry of Employment and Labor, where work harmful to workers’ health is carried out, record and keep the results and report them to the Minister of Employment and Labor, as prescribed by the Ordinance of the Ministry of Employment and Labor. In this case, at his/her request, the workers' representative shall be allowed to be present during the work environment monitoring. "

  • Occupational Safety and Health Act (Art. 42 (1))

  Related CEACR Comments
  Error retrieving CEACR comment.

• 8.4.2 Right to access OSH information

  Summary / Citation: A workers' representative may request the employer to notify him/her of the contents or results of some OSH related matters, and the employer shall comply faithfully.

  
  An employer shall directly hold an information session on the results of work environment monitoring and health examination, or get the institution which has conducted the work environment monitoring and health examination hold such session, at the request of the occupational safety and health committee under Article 19 or workers' representative.

  • Occupational Safety and Health Act (Art. 11 (2), 41 (11), 42 (6), 43 (6), 49, 49-2)

  Related CEACR Comments
  Error retrieving CEACR comment.

• 8.4.3 Right to be present at interviews

  No data available.
  

  Related CEACR Comments
  Error retrieving CEACR comment.

• 8.4.4 Right to receive professional assistance from OSH experts

  Yes.
  

  • Occupational Safety and Health Act (Art. 42 (1), (6); 43 (1), (6); 49, 49-2, )

  Related CEACR Comments
  Error retrieving CEACR comment.

• 8.4.5 Right to accompany inspectors

  No data available.
  

  Related CEACR Comments
  Error retrieving CEACR comment.

• 8.4.6 Right to use facilities

  No data available.
  

  Related CEACR Comments
  Error retrieving CEACR comment.

• 8.4.7 Right to have time off work with pay to perform duties

  No data available.
  

  Related CEACR Comments
  Error retrieving CEACR comment.

• 8.4.8 Right to issue remedial notices

  No data available.
  

  Related CEACR Comments
  Error retrieving CEACR comment.

• 8.4.9 Right to resolve OSH issues in consultation with employers

  Summary / Citation: If an employer prepares or modifies safety and health management regulations pursuant to Article 20, prepares a process safety report under Article 49-2 (1), or formulates a safety and health improvement plan under Article 50 (1) of the OSH Act, he/she shall do so through the deliberation of the occupational safety and health committee as prescribed in Article 19: provided that for a workplace where an occupational safety and health committee is not established, the employer shall obtain the consent of the representative of workers.

  • Occupational Safety and Health Act (Art. 21, 49-2 (2), 50 (3))

  Related CEACR Comments
  Error retrieving CEACR comment.

• 8.4.10 Right to direct that dangerous work cease

  No data available.
  

  Related CEACR Comments
  Error retrieving CEACR comment.

8.5 Right of workers’ representatives from outside the undertaking to address OSH issues at the workplace

• 8.5.1 Right to enter the workplace

  No data available.
  

  Related CEACR Comments
  Error retrieving CEACR comment.

• 8.5.2 Right to investigate suspected non-compliance with OSH legislation

  No data available.
  

  Related CEACR Comments
  Error retrieving CEACR comment.

• 8.5.3 Right to consult with workers

  No data available.
  

  Related CEACR Comments
  Error retrieving CEACR comment.

• 8.5.4 Right to advise workers

  No data available.
  

  Related CEACR Comments
  Error retrieving CEACR comment.

• 8.5.5 Right to initiate enforcement action

  No data available.
  

  Related CEACR Comments
  Error retrieving CEACR comment.

8.6 Joint OSH Committee

• 8.6.1 Participation of workers’ representatives in joint OSH committee

  Summary / Citation: An occupational safety and health committee shall include a worker representative. A worker representative shall be the representative of the trade union if there is a trade union representing a majority of workers, or if a labor organization associated with the trade union of the workplace consists of a majority of workers of the workplace, the person representing such labor organization regardless of its name.

  • Enforcement Decree of the Occupational Safety and Health Act (Presidential Decree No. 13053) (Art. 25-2 (1))

  Related CEACR Comments
  Error retrieving CEACR comment.

• 8.6.2 Conditions for establishing a joint OSH committee

  Summary / Citation: 1. Workplaces with 100 full-time workers or more: provided that in the case of a workplace in the construction industry, its construction cost shall amount to 12 billion won (approx. 10million USD) or more.
  2. Among workplaces with 50 full-time workers or more but less than 100, harmful or hazardous businesses prescribed by the Ordinance of the Ministry of Employment and Labour, which have a remarkably high ratio of the number of industrial accidents to the number of workers compared with other industries.
  

  • Enforcement Decree of the Occupational Safety and Health Act (Presidential Decree No. 13053) (Art. 25)

  Related CEACR Comments
  Error retrieving CEACR comment.

• 8.6.3 Objectives, roles and/or functions of joint OSH committees

  Summary / Citation: "An employer shall have the occupational safety and health committee deliberate and decided on the matters described in each of the following subparagraphs:
  1. Matters concerning Article 13 (1) 1 through 5 and 7;
  2. Matters concerning the serious industrial accidents as prescribed in Article 13(1)6; and
  3. Matters concerning safety and health measures to be taken in case of introducing harmful and dangerous machines, instruments and other equipment."

  "An occupational safety and health committee may determine the matters necessary to maintain and improve the safety and health of workers in the workplace."

  • Occupational Safety and Health Act (Art. 19 (2), (4))

  Related CEACR Comments
  Error retrieving CEACR comment.

• 8.6.4 Keeping record of the work of joint OSH committees

  Summary / Citation: "A meeting of an occupational safety and health committee shall be held as prescribed by the Presidential Decree and the minutes of the meeting shall be taken and kept."

  "The occupational safety and health committee shall write up and keep the minutes of meetings containing the following matters:
  1. Date, time and place of the meeting;
  2. Names of the members who attended the meeting;
  3. Matters deliberated and decided;
  4. Other matters discussed"

  • Enforcement Decree of the Occupational Safety and Health Act (Presidential Decree No. 13053) (Art. 25-4)

  • Occupational Safety and Health Act (Art. 19 (3))

  Related CEACR Comments
  Error retrieving CEACR comment.

• 8.6.5 Sharing the minutes of joint OSH committees meetings

  Summary / Citation: Although there is no requirement that minutes of OSH committee meetings shall be made public, the chairman of the occupational safety and health committee is under a duty to promptly inform the workers of the meeting results through the company's internal broadcasts, internal newsletters or regular meetings, or other appropriate methods.

  • Enforcement Decree of the Occupational Safety and Health Act (Presidential Decree No. 13053) (Art. 25-6)

  Related CEACR Comments
  Error retrieving CEACR comment.

8.7 Mandatory training for members of joint OSH committee(s)

8.8 Protection against reprisals

8.9 Immunity from civil and criminal liability for exercising OSH related rights and duties

9.1 Biological hazards

9.2 Chemical hazards

• 9.2.1 Handling, storage, labelling and use

  Summary / Citation: An employer shall have workers operate the work in accordance with work instructions so that harmful substances requiring management may not leak where he handles harmful substances requiring management equipment or auxiliary installations. An employer shall tightly pack the substance of harmful substances requiring management, in the event of transporting or storing it, using a sturdy vessel with a lid or a stopper on it where it is not deemed to cause any leak or release of its substance. An employer shall store prohibited harmful substances at a designated place to prevent unauthorized workers from handling, and its notice shall be posted a place where it is easily noticeable. Where workers are engaged into manufacturing or using prohibited harmful substances, an employer shall inform workers of the matters including physical and chemical characteristics, carcinogenicity, etc effect to human body and its symptoms, precautions for handling, personal protective equipment to put on and its wearing method, emergency response procedures and first aid and matters related to other to prevent workers from catching health problems.

  • Ordinance of the Occupational Safety and Health Standards (Art. 420 ~ 511)

  Related CEACR Comments
  Error retrieving CEACR comment.

• 9.2.2 Duty of manufacturers, suppliers and importers of chemicals in relation to the safety and health of users

  Summary / Citation: A person who intends to manufacture the substances proven to cause occupational cancer and recognized as especially harmful to workers' health, etc. shall obtain in advance permission from the Minister of Employment and Labor.
  An employer who intends to manufacture chemicals other than those prescribed by the Enforcement Decree shall investigate the harmfulness and hazardousness of the new chemicals and submit the investigation report to the Minister of Employment and Labor in order to prevent workers' health problems which might be caused by the chemicals.
  

  • Occupational Safety and Health Act (Art. 37(1), 38(1), 40)

  Related CEACR Comments
  Error retrieving CEACR comment.

• 9.2.3 Pesticides

  Summary / Citation: "(1) An employer of a workplace where a worker scatters, fumigates and injects raw material of an agricultural pesticide, etc shall take measures falling under the following items:
  1. Before starting to work, to train how to control an agricultural pesticide and safety measure to take
  2. To take actions against overflowing or flowing backward where he puts agricultural pesticide in controlling equipment
  3. To check whether there is any risk including chemical reaction where he mixes raw material of an agricultural pesticide
  4. To stop smoking or ingesting food where he handles raw material of an agricultural pesticide
  5. To keep a worker from blowing a nozzle with a mouth blow in order to pierce a nozzle of a controlling equipment
  6. To leave a vessel and equipment containing raw material of an agricultural pesticide closed
  7. To take measure to prevent a compression vessel containing raw material of an agricultural pesticide from explosion, etc. where he handles such vessel
  8. To keep harmful gas from leaking where raw material of an agricultural pesticide fumigates.

  (2) An employer shall minimize dust or mist occurrence of raw material of an agricultural pesticide where a worker mixes raw material of an agricultural pesticide, shall inform workers of use and mixing proportion of apparatus measurement vessel, funnel, mixing devices.

  (3) An employer, where he transfers raw material of an agricultural pesticide into another vessel, shall use the same vessel in which the same raw material of an agricultural pesticide was contained, use a vessel whose safety is confirmed, and a suitable warning sign shall be posted on a container."
  

  • Ordinance of the Occupational Safety and Health Standards (Art. 670)

  Related CEACR Comments
  Error retrieving CEACR comment.

9.3 Ergonomic hazards

9.4 Physical hazards

• 9.4.1 Ionising radiation

  Summary / Citation: An employer shall take necessary measures to prevent workers from catching health problems by installing confinement of radioactivity substance, placing blockage, or installing local ventilation equipment or alarm equipment. Necessary facilities, protective equipment and instructions to confine, handle and label radioactive substances are carefully stipulated in the Ordinance of OSH Standards.

  • Ordinance of the Occupational Safety and Health Standards (Art. 573 ~ 591)

  Related CEACR Comments
  Error retrieving CEACR comment.

• 9.4.2 Vibration and noise

  Summary / Citation: An employer has the duty to prevent damages arising from strong vibration and noise on workers by informing risks, ensuring the distribution and usage of personal protective equipment.

  • Ordinance of the Occupational Safety and Health Standards (Art. 512 ~ 521)

  Related CEACR Comments
  Error retrieving CEACR comment.

• 9.4.3 Working at height

  Summary / Citation: An employer shall install work plate in the way of scaffolding assembly, etc .if it is deemed to cause hazard to workers when the worker works at a certain height that has the risk of fall accident or tripping.
  In cases where it is deemed difficult to install a work plate, safety net shall be installed: pProvided that if it is deemed difficult to install safety net, an employer shall take necessary measures to prevent hazard of fall accident by allowing workers to put on safety harness.

  • Ordinance of the Occupational Safety and Health Standards (Art. 42 ~ 53)

  Related CEACR Comments
  Error retrieving CEACR comment.

• 9.4.4 Working in confined spaces

  Summary / Citation: Workers working in confined spaces are exposed to danger of fire and explosion due to lack of oxygen and harmful gas. Therefore, the OSH Standards stipulate guidelines for working at confined spaces and managing places where harmful gas occurs.

  • Ordinance of the Occupational Safety and Health Standards (Art. 619 ~ 645)

  Related CEACR Comments
  Error retrieving CEACR comment.

• 9.4.5 Risks arising from poor maintenance of workplace facilities

  Summary / Citation: An employer shall measure and assess the office air if deemed necessary for the prevention of worker's health problems, and shall take necessary measures such as installing, remodelling or repairing air purification equipment in accordance with its result. An employer, where it is deemed possible that vehicle exhaust and other contaminants blow in from outside, shall take appropriate measures such as rearrangement of vent, window and gate.

  • Ordinance of the Occupational Safety and Health Standards (Art. 646 ~ 655)

  Related CEACR Comments
  Error retrieving CEACR comment.

• 9.4.6 Exposure to extreme temperatures

  Summary / Citation: An employer shall take necessary measures to prevent workers’ health problems caused by exposure to extreme, high or/and low, temperatures. Such measures include provision of personal protective equipment, necessary sanitary and rest facilities as well as clean beverages.

  • Ordinance of the Occupational Safety and Health Standards (Art. 558 ~ 572)

  Related CEACR Comments
  Error retrieving CEACR comment.

• 9.4.7 Fire risks

  Summary / Citation: In order to prevent fire, explosion and leak of hazardous substances, an employer has the duty to meet the safety and health standards on handling hazardous substances, fire management, hazard prevention concerning hot melt material, chemical equipment and pressure vessel, drying machinery, acetylene welding equipment and gas aggregation welding equipment.

  • Ordinance of the Occupational Safety and Health Standards (Art. 225 ~ 300)

  Related CEACR Comments
  Error retrieving CEACR comment.

• 9.4.8 Tobacco

  Summary / Citation: (1) Workers shall be prohibited from doing smoking or food intake, etc at an inside workplace where an employer has workers engaged in handling harmful substances requiring management, with its sign posted at a place where it is easily noticeable.
  (2) Workers shall be prohibited from doing smoking or food intake, etc at a place where smoking or food intake pursuant to paragraph (1) is prohibited.
  

  • Ordinance of the Occupational Safety and Health Standards (Art. 447)

  Related CEACR Comments
  Error retrieving CEACR comment.

• 9.4.9 Asbestos

  Summary / Citation: An employer shall follow the guidelines on instructions for work related to asbestos manufacturing, usage, disposal, removal and its maintenance and management to prevent hazards arising from exposure to asbestos.

  • Ordinance of the Occupational Safety and Health Standards (Art. 452 ~ 497-3)

  • Occupational Safety and Health Act (Art. 38-2,3,4,5)

  Related CEACR Comments
  Error retrieving CEACR comment.

• 9.4.10 Risks related to nanotechnology

  No data available.
  

  Related CEACR Comments
  Error retrieving CEACR comment.

• 9.4.11 Contraction of HIV in the workplace

  Summary / Citation: Matters related to contraction of HIV in the workplace is covered and regulated within the scope of "blood-borne communicable disease" along with hepatitis B and hepatitis C, syphilis.

  • Ordinance of the Occupational Safety and Health Standards (Art. 592 ~ 604)

  Related CEACR Comments
  Error retrieving CEACR comment.

9.5 Psychosocial hazards

• 9.5.1 Psychosocial risks

  Summary / Citation: An employer, where a worker is engaged in a work requiring a high level of physical fatigue and psychological stress(Hereinafter "job stress") such as working for a long time, shiftwork including night duty, vehicles operation [limited to full-time job] and precision machine control work, has a duty to take measures to prevent health problems.

  • Ordinance of the Occupational Safety and Health Standards (Art. 669)

  Related CEACR Comments
  Error retrieving CEACR comment.

• 9.5.2 Occupational violence

  Summary / Citation: Employer, superior or worker are prohibited from engaging in sexual harassment at work. Preventive measures shall be taken by the employers and workers including conducting and receiving sexual harassment prevention education. In addition, “if a person closely related to the duties, such as a client, etc., causes a worker to feel sexually humiliated or offended by sexual words, actions, etc., during the performance of duties, and such worker requests resolution of the grievances thereby, the employer shall make efforts to take all possible measures, such as the change of the place of work, relocation, etc.”

  • Act on Equal Employment and Support for Work-Family Reconciliation (Act No. 3989). (Art. 12 ~ 14-2)

  Related CEACR Comments
  Error retrieving CEACR comment.

9.6 Other hazardous substances

9.7 Machineries

• 9.7.1 Risks related to machinery and tools

  Summary / Citation: With regard to risks related to machinery and tools, the OSH standards cover the following topics concerning general operation of machines as well as specific risks related to specific machineries and tools: Boarding Restrictions, Prime Mover•Rotation Shaft, etc Hazard Prevention, Machine's Power Shut-off Device, Measures before Starting Operation, Prevention of Hazard of Flying Tools, Dysfunctional Machine Maintenance, etc, Operation Suspended, etc during Maintenance, Prohibition of Dismantlement of a Protective Equipment, Putting on a Bump Cap, etc, Prohibition of Using Gloves, Prohibition of Use of Working Tools for Other Purposes, Prevention of Bolt•Nut from Loosening, Designation of Speed Limit, Measures in the Event of Operation Position Breakaway.

  • Ordinance of the Occupational Safety and Health Standards (Art, 86 ~ 224)

  Related CEACR Comments
  Error retrieving CEACR comment.

• 9.7.2 Duty of designers and/or manufacturers of machineries in relation to the occupational safety and health of operators of machineries

  Summary / Citation: A person who manufactures machines, instruments, etc. is subject to mandatory safety certifications which are deemed necessary to verify that the machines, instruments, etc. meet the safety certification criteria.
  A person who manufactures machines, instruments, etc. who is subject to safety certification but not to mandatory safety certification shall make a check to verify if the safety performance of the machines, instruments, etc. meet the safety standards determined and announced by the Minister of Employment and Labor.
  

  • Occupational Safety and Health Act (Art. 34 (2), 35 (1) )

  Related CEACR Comments
  Error retrieving CEACR comment.

• 9.7.3 Duty of designers, manufacturers, importers or suppliers of machineries to provide machineries information

  No data available.
  

  Related CEACR Comments
  Error retrieving CEACR comment.

• 9.7.4 Duty to purchase machineries from authorised/certificated suppliers or only if approved/certificated

  Summary / Citation: If a machinery is subject to mandatory safety certification, that machinery must not be manufactured, imported, transferred, leased, or used or displayed for the transfer or lease unless that machinery met the safety standards.

  • Occupational Safety and Health Act (Art. 34-4, 35-4)

  Related CEACR Comments
  Error retrieving CEACR comment.

• 9.7.5 Maintenance of machinery and equipment

  Summary / Citation: The Minister of Employment and Labor must check whether the manufacturer who has received mandatory safety certification observes the safety certification criteria at the interval of one year.
  The Minister of Employment may designate an institution to be entrusted to perform safety certification falling under any of the following subparagraphs.
  1. Korea Occupational Safety and Health Agency
  2. A non-profit corporation or related specialized institution established in accordance with law for the purpose of occupational safety and health, and industrial accident prevention, and having the manpower, facilities and equipment satisfying certain criteria.
  3. A vocational skills development training facility designated to provide training in occupational areas relating to occupational safety and health
  4. A school under Article 2 of the Higher Education Act, which has a department relating to occupational safety and health.
  

  • Ordinance of the Ministry of Employment and Labor of the Occupational Safety and Health (Art. 58 (5))

  • Enforcement Decree of the Occupational Safety and Health Act (Presidential Decree No. 13053) (Art. 26-10)

  • Occupational Safety and Health Act (Art. 34(5), 34-5(1) )

  Related CEACR Comments
  Error retrieving CEACR comment.

  • 9.7.5.1 List of equipment where applicable

    Summary / Citation: The list of machines, instruments and equipment subject to mandatory safety certification is as follows:
    1. Presses
    2. Shearing machines
    3. Cranes
    4. Lifts
    5. Pressure vessels
    6. Rollers
    7. Injection moulding machines
    8. Aerial working platforms
    

    • Enforcement Decree of the Occupational Safety and Health Act (Presidential Decree No. 13053) (Art. 28 (1) )

    Related CEACR Comments
    Error retrieving CEACR comment.

9.8 Provisions to protect workers in specific condition of vulnerability

• 9.8.1 Protection of pregnancy at work

  Summary / Citation: An employer shall not employ women in pregnancy or women for whom one year has not passed after childbirth (hereinafter referred to as the "pregnant women and nursing mothers") and those under the age of 18 in any work detrimental to morality or health or any dangerous work.

  An employer shall not employ women of 18 years or over who are not pregnant women and nursing mothers in any work harmful and dangerous to the function of pregnancy or delivery from among those detrimental or dangerous to health.

  An employer shall not have pregnant women and nursing mothers and those under 18 years old work during the time from 10:00 p.m. to 6:00 a.m. and on holidays

  Restrictions / obligations: Where a woman in pregnancy makes a clear request and where the approval of the Minister of Employment and Labor is obtained, the pregnant woman could work during the time from 10:00 p.m. to 6:00 a.m. and on holidays.

  • Labor Standards Act (Law No. 5309). (Art. 65, 70 (2))

  Related CEACR Comments
  Error retrieving CEACR comment.

• 9.8.2 Protection of lactating women at work

  Summary / Citation: "No employer shall employ a woman (…) with less than one year after childbirth (…) for hazardous and dangerous work in terms of morality or health."

  "An employer shall be forbidden to have any women for whom one year has not passed after childbirth do overtime work exceeding two hours per day, six hours per week, or 150 hours per year, even if provided for in a collective agreement thereon."

  "An employer shall grant thirty-minute or longer paid nursing time twice a day to those female workers who have infants under the age of one, upon request."

  • Labor Standards Act (Law No. 5309). (Art. 65 (1), 71, 75)

  Related CEACR Comments
  Error retrieving CEACR comment.

• 9.8.3 Limits to women’s access to specific occupations, undertakings or shifts

  Summary / Citation: "No employer shall employ a female in pregnancy or with less than one year after childbirth (…) for hazardous and dangerous work in terms of morality or health."
  "No employer shall employ a female aged 18 or older who is not pregnant for work that is hazardous and dangerous to their pregnancy or childbith."

  • Labor Standards Act (Law No. 5309). (Art. 65 (1), 65 (2))

  Related CEACR Comments
  Error retrieving CEACR comment.

• 9.8.4 Limits to workers’ access to specific occupations, undertakings or shifts by reason of age

  Summary / Citation: "No employer shall employ (...) those aged less than 18 for hazardous and dangerous work in terms of morality or health."

  "Work hours of a person at the age of not less than 15 and less than 18 shall not exceed seven hours per day and 40 hours per week: Provided, That the work hours may be extended only for one more hour per day and six more hours per week by an agreement between the parties concerned."

  "An employer shall not have pregnant women and nursing mothers and those under 18 years old work during the time from 10:00 p.m. to 6:00 a.m. and on holidays: Provided, That this shall not apply to any of the following cases where approval of the Minister of Employment and Labor is obtained:...Where there exists a consent of those under 18 years old..."

  "An employer shall not have a woman or a minor under the age of 18 do any work inside a pit: Provided, That this shall not apply where it is temporarily required for carrying out the affairs as prescribed by Presidential Decree, such as health and medical treatment, the gathering and report of news, etc."
  

  • Labor Standards Act (Law No. 5309). (Art. 65 (1), 69, 70 (2), 72 )

  Related CEACR Comments
  Error retrieving CEACR comment.

10.1 Duty to record and/or investigate the causes of work accidents, near misses incidents and cases of occupational diseases

• 10.1.1 Work-related accidents

  Summary / Citation: "When an industrial accident or disease occurs, the employer shall record the causes, etc. of the accident and disease and preserve the record for three years as prescribed by the Ordinance of the Ministry of Employment and Labor."

  "In the event of any industrial accident, the employer shall prepare and file the record of matters as set forth in the following subparagraphs in accordance with Article 10 (1) of the Act, except where copies of industrial accident investigation sheets under Article 4 (1) or copies of applications for medical care benefits under Article 4 (5) with a plan to prevent the recurrence of the accident as attached thereto have been filed:
  1. an overview of the business establishment and the personal identification information on the workers;
  2. the time, date and place of the industrial accident;
  3. the cause and development of the accident; and
  4. a plan to prevent the recurrence of the accident."

  • Ordinance of the Ministry of Employment and Labor of the Occupational Safety and Health (Art. 4-2)

  • Occupational Safety and Health Act (Art. 10 (1))

  Related CEACR Comments
  Error retrieving CEACR comment.

• 10.1.2 Near miss incidents

  No data available.
  

  Related CEACR Comments
  Error retrieving CEACR comment.

• 10.1.3 Occupational diseases

  Summary / Citation: "When an industrial accident or disease occurs, the employer shall record the causes, etc. of the accident and disease and preserve the record for three years."

  • Occupational Safety and Health Act (Art. 10 (1))

  Related CEACR Comments
  Error retrieving CEACR comment.

10.2 Employers’ duty to notify OSH authorities of work related death and/or injuries to health

11.1 Appointment of OSH inspectors

11.2 OSH inspectors’ powers

• 11.2.1 Power to enter workplaces

  Summary / Citation: "A labor inspector shall have the authority to inspect workplaces, dormitories and other annexed buildings, to request the submission of books and documents, and to interrogate both an employer and workers."
  

  • Labor Standards Act (Law No. 5309). (Art. 102 (1))

  Related CEACR Comments
  Error retrieving CEACR comment.

• 11.2.2 Power to inspect and carry out any examination, test or enquiry

  Summary / Citation: "A labor inspector who is a medical doctor or a medical doctor entrusted by a labor inspector shall have the authority to conduct a medical examination of workers who seem vulnerable to those diseases due to which their continuous employment should be precluded."

  "A labor inspector shall have the authority to perform the official duties of judiciary police officials as prescribed by the Act on the Persons Performing the Duties of Judicial Police Officials and the Scope of Their Duties with regard to the crimes in violation of this Act or other labor-related Acts and subordinate statutes."

  As judicial police officers, inspectors have powers to launch investigation and gather evidence.

  • Labor Standards Act (Law No. 5309). (Art. 102 (2), (5))

  • Criminal Procedure Act (Art. 196 (2) )

  Related CEACR Comments
  Error retrieving CEACR comment.

• 11.2.3 Power to investigate

  Summary / Citation: As judicial police officers, inspectors have powers to launch investigation and gather evidence.
  

  • Labor Standards Act (Law No. 5309). (Art. 102 (5), 105)

  • Criminal Procedure Act (Art. 196 (2))

  Related CEACR Comments
  Error retrieving CEACR comment.

• 11.2.4 Duty to provide advice on OSH

  No data available.
  

  Related CEACR Comments
  Error retrieving CEACR comment.

11.3 OSH inspectors’ enforcement powers

• 11.3.1 Power to issue orders or notices

  No data available.
  

  Related CEACR Comments
  Error retrieving CEACR comment.

• 11.3.2 Power to impose financial penalties

  No data available.
  

  Related CEACR Comments
  Error retrieving CEACR comment.

• 11.3.3 Power to revoke or suspend licenses or authorisations

  No data available.
  

  Related CEACR Comments
  Error retrieving CEACR comment.

• 11.3.4 Power to require the cessation of dangerous work

  No data available.
  

  Related CEACR Comments
  Error retrieving CEACR comment.

• 11.3.5 Power to initiate prosecutions

  No data available.
  

  Related CEACR Comments
  Error retrieving CEACR comment.

• 11.3.6 Power to conduct prosecutions

  No data available.
  

  Related CEACR Comments
  Error retrieving CEACR comment.

• 11.3.7 Other enforcement powers

  No data available.
  

  Related CEACR Comments
  Error retrieving CEACR comment.

11.4 Application of sanctions by courts

• 11.4.1 Financial penalties for legal persons

  Summary / Citation: MAXIMUM: If a representative or an agent, a servant or any other employee of a legal entity caused the death of a worker in relation to the business of the legal entity, the legal entity shall be punished by a fine not exceeding 100 million won (approx. 90 thousands USD).
  MINIMUM: There is no minimum.

  Restrictions / obligations: This shall not apply if the legal entity gave considerable attention and supervision to the business concerned in order to prevent such offence.

  • Occupational Safety and Health Act (Art. 71, 72 (3))

  Related CEACR Comments
  Error retrieving CEACR comment.

• 11.4.2 Financial penalties for natural persons

  Summary / Citation: MAXIMUM: A person who has caused the death of a worker shall be punished by a fine not exceeding 100 million won (approx. 90 thousands USD).
  MINIMUM: There is no mininum.

  • Occupational Safety and Health Act (Art. 66-2)

  Related CEACR Comments
  Error retrieving CEACR comment.

• 11.4.3 Non-financial sanctions

  No data available.
  

  Related CEACR Comments
  Error retrieving CEACR comment.

• 11.4.4 Criminal liability

  Summary / Citation: A person who caused a death or an injury of a worker by negligence can be prosecuted for professional negligence resulting in death or injury.

  • Criminal Act (Art. 268)

  Related CEACR Comments
  Error retrieving CEACR comment.

• 11.4.5 Terms of imprisonment for natural persons

  Summary / Citation: MAXIMUM: A person who has caused the death of a worker shall be punished by imprisonment for not more than seven years.
  MINIMUM: There is no minimum.

  • Occupational Safety and Health Act (Art. 66-2)

  Related CEACR Comments
  Error retrieving CEACR comment.