国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE OCCUPATIONAL SAFETY AND HEALTH ACT [Enforcement Date 08. Sep, 2020.]

Article 33 (Decommissioning Honorary Occupational Safety Inspectors)The Minister of Employment and Labor may decommission an honorary occupational safety inspector in any of the following cases:

1. Where the representative of employees requests that an honorary occupational safety inspector commissioned pursuant to Article 32 (1) 1 be decommissioned, following a business owner's opinions;

2. Where any honorary occupational safety inspector commissioned pursuant to Article 32 (1) 2 through 4 retires or is decommissioned from the relevant organization or its affiliated organization;

3. Where any honorary occupational safety inspector engages in an unjust act in connection with his or her duties;

4. Where it has become impractical for any honorary occupational safety inspector to discharge his or her duties due to a disease or injury.

Article 34 (Those Obliged to Establish Occupational Safety and Health Committee)The types of business and the number of full-time employees at a place of business required to establish an occupational safety and health committee pursuant to Article 24 (1) of the Act are as listed in attached Table 9.

Article 35 (Composition of Occupational Safety and Health Committee)(1) The members representing employees of each occupational safety and health committee are as follows:

1. The representative of employees;

2. At least one honorary occupational safety inspector designated by the employees’ representative of a place of business where honorary occupational safety supervisors are commissioned;

3. Up to nine employees of a place of business appointed by the employees’ representative (where any employee is designated as a member under subparagraph 2, the number gained by subtracting the number of such members from nine).

(2) The members representing employers of an occupational safety and health committee are as follows: Provided, That in a place of business whose full-time employees is at least 50 but less than 100, an occupational safety and health committee may be organized, with those falling under subparagraph 5 excluded:

1. The representative of the relevant business (if the same business has a place of business located in a different area, referring to a person in charge of safety and health management of the place of business; hereinafter the same shall apply);

2. One safety officer (limited to a place of business required to appoint a safety officer pursuant to Article 16 (1); in cases of a place of business that entrusts a specialized safety management institution with the duties of a safety officer, referring to a person in charge of that place of business in the said specialized safety management institution);

3. One health officer (limited to a place of business required to appoint a health officer pursuant to Article 20 (1); in cases of a place of business that entrusts a specialized health management institution with the duties of a health officer, referring to a person in charge of that place of business in the said specialized health management institution);

4. An occupational health doctor (limited to where the relevant place of business has appointed an occupational health doctor);

5. Up to nine heads of departments in the relevant place of business, designated by the representative of the relevant business.

(3) Notwithstanding paragraphs (1) and (2), where a contractee for construction works referred to in Article 69 (1) of the Act (hereinafter referred to as “contractee for construction works”) establishes a council on safety and health pursuant to Article 64 (1) 1 of the Act, an occupational safety and health committee may be organized to include the following persons as its member:

1. Members representing employees: The employees’ representative for all projects including contracted and subcontracted works, an honorary occupational safety inspector, and an employee of the relevant place of business who is designated by the employees’ representative;

2. Members representing employers: The representative of a contractee, the representative of each relevant contractor, and a safety officer.

Article 36 (Chairperson of Occupational Safety and Health Committee)The chairperson of an occupational safety and health committee shall be elected from among committee members. In such cases, two co-chairpersons may be elected each from among the members representing employees and the members representing employers.

Article 37 (Meetings of Occupational Safety and Health Committees)(1) Meetings of an occupational safety and health committee shall be classified into regular meetings and special meetings pursuant to Article 24 (3) of the Act; and a regular meeting shall be convened by the chairperson of an occupational safety and health committee on a quarterly basis, while a special meeting shall be convened by the chairperson whenever deemed necessary.

(2) A majority of the members representing employees and the members representing employers, respectively, shall constitute a quorum, and any decision thereof shall require the concurring vote of at least a majority of those present.

(3) Where the representative of employees, an honorary occupational safety inspector, the representative of a relevant business, a safety officer or a health officer is unable to attend a meeting, he or she may designate one person from among those engaged in the relevant business to act for him or her.

(4) An occupational safety and health committee shall prepare and keep minutes containing the following matters:

1. The date, time and venue of session;

2. The number of members present;

3. Details of deliberation, resolutions and decisions;

4. Other matters discussed.

Article 38 (Handling of Undecided Matters)(1) In any of the following cases, an occupational safety and health committee shall resolve undecided matters by establishing an arbitration body under the occupational safety and health committee by mutual agreement between the members representing employees and members representing employers or have them arbitrated by a third party:

1. Where the occupational safety and health committee fails to determine any matter referred to in the subparagraphs of Article 24 (2) of the Act;

2. Where disagreement arises about the interpretation, implementing methods, etc. of matters decided by the occupational safety and health committee.

(2) Where any arbitral award under paragraph (1) is issued, it shall be deemed determined by the occupational safety and health committee, and the business owner and employees shall abide thereby.

Article 39 (Publicity of Results of Meetings)The chairperson of an occupational safety and health 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 safety and health committee, available to the employees through internal company broadcasts, employment magazines, notices or its own regular morning meetings and by other appropriate methods.

CHAPTER III SAFETY AND HEALTH EDUCATION

Article 40 (Registration of Safety and Health Educational Institutions and Revocation Thereof)(1) An entity who intends to be registered as a safety and health educational institution for safety and health education prescribed in Article 29 (1) through (3) of the Act (hereinafter referred to as “employee safety and health educational institution”) pursuant to the former part of Article 33 (1) of the Act shall be a juristic person or, a school defined in Article 2 of the Higher Education Act in which a department related to occupational safety and health is established, and shall meet the standards for human resources, facilities and equipment specified in attached Table 10.

(2) An entity who intends to be registered as a safety and health educational institution for safety and health education referred to in the main clause of Article 31 (1) of the Act pursuant to the former part of Article 33 (1) of the Act shall be a juristic person or, a school defined in Article 2 of the Higher Education Act in which a department related to occupational safety and health is established, and shall meet standards for human resources, facilities and equipment specified in attached Table 11.

(3) Each of the following entities shall be eligible to be registered as a safety and health educational institution for safety and health education referred to in the main clause, with the exception of the subparagraphs, of Article 32 (1) of the Act (hereinafter referred to as “safety and health educational institution”) pursuant to the former part of Article 33 (1) of the Act:

1. The Korea Occupational Safety and Health Agency established under the Korea Occupational Safety and Health Agency Act (hereinafter referred to as the “Agency”);

2. Any of the following entities that meet the standards for human resources, facilities and equipment specified in attached Table 12:

(a) A school defined in Article 2 of the Higher Education Act in which a department related to occupational safety and health is established;

(b) A non-profit corporation.

(4) “Important registered matters prescribed by Presidential Decree” in the latter part of Article 33 (1) of the Act means each of the following matters:

1. The name of an educational institution (business name);

2. The location of an educational institution;

3. The name of a representative.

(5) “Any other ground prescribed by Presidential Decree” in Article 21 (4) 5 of the Act which, pursuant to Article 33 (4) of the Act, shall apply mutatis mutandis to safety and health educational institutions referred to in paragraphs (1) through (3) means any of the following:

1. Falsely preparing a document related to the education;

2. Refusing to provide the education without good cause;

3. Receiving fees without providing the education;

4. Failing to follow the curriculum or method of the education prescribed in Article 29 (1) through (3) of the Act; the main clause of Article 31 (1); or the main clause, with the exception of the subparagraphs, of Article 32 (1).

CHAPTER IV MEASURES FOR PREVENTING HARM AND DANGER

Article 41 (Measures concerning Occurrence of Health Problems Due to Verbal Abuse of Customers)“Necessary measures prescribed by Presidential Decree, such as temporarily suspending his or her duties or transferring him or her to another position” in Article 41 (2) of the Act means any of the following measures:

1. Temporary suspension or change of duties;

2. Extension of recess hours prescribed in Article 54 (1) of the Labor Standards Act;

3. Assistance in medical treatment or counseling related to health problems resulting from verbal abuse, etc. prescribed in Article 41 (1) of the Act;

4. Assistance for customer service employees prescribed in Article 41 (1) of the Act in filing a criminal complaint, a criminal charge, or a claim for damages due to verbal abuse, etc. prescribed in that paragraph, such as submitting evidence or evidentiary materials to the relevant investigation agency or court.