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법무부 (공공형사과)02-2110-3539
법제처 국가법령정보센터
www.law.go.kr
2024.04.14
「ENFORCEMENT DECREE OF THE SERIOUS ACCIDENTS PUNISHMENT ACT」
Article 1 (Purpose) The purpose of this Decree is to prescribe matters mandated by the
Serious Accidents Punishment Act and those necessary for enforcing said Act.
Article 2 (Persons with Occupational Diseases) "Persons with occupational diseases prescribed
by Presidential Decree" in subparagraph 2 (c) of Article 2 of the Serious Accidents
Punishment Act (hereinafter referred to as the "Act") means persons who have developed
any of the occupational diseases specified in attached Table 1.
Article 3 (Public-Use Facilities) (1) "Facility prescribed by Presidential Decree" in the main
clause, with the exception of the items, of subparagraph 4 of Article 2 of the Act means
any of the following:
1. Facilities specified in attached Table 2 among those under subparagraph 4 (a) of Article
2 of the Act;
2. Establishments specified in attached Table 3 among those under subparagraph 4 (b) of
Article 2 of the Act: Provided, That the following buildings shall be excluded herefrom:
(a) Buildings in which housing and facilities other than housing are constructed in the
same building;
(b) Buildings, the main use of which is an officetel under subparagraph 14 (b) (ii) of
attached Table 1 of the Enforcement Decree of the Building Act;
3. Places of business under subparagraph 4 (c) of Article 2 of the Act;
4. The following facilities among those under subparagraph 4 (d) of Article 2 of the Act
(excluding establishments under subparagraph 2):
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(a) Road bridges for which 10 years have passed since completion of the construction
work, among those with a length of at least 20 meters installed on roads specified in
the subparagraphs of Article 10 of the Road Act;
(b) Road tunnels in local highways, Si roads, Gun roads, and Gu roads specified in
subparagraphs 4 through 7 of Article 10 of the Road Act and road tunnels for which
10 years have passed since completion of the construction work, among those
specified in subparagraph 1 of Article 2 of the Enforcement Decree of the Act on the
Maintenance and Improvement of Road Networks in Agricultural and Fishing Villages;
(c) Railroad bridges for which 10 years have passed since completion of the construction
work, among railroad facilities specified in subparagraph 2 of Article 3 of the
Framework Act on Railroad Industry Development;
(d) Railroad tunnels for which 10 years have passed since completion of the construction
work (limited to those located in areas other than the Special Metropolitan City or a
Metropolitan City), among railroad facilities specified in subparagraph 2 of Article 3 of
the Framework Act on Railroad Industry Development;
(e) Any of the following facilities with an individual place of business of at least 2,000
square meters:
(i) Gas stations defined in subparagraph 3 of Article 2 of the Enforcement Decree of the
Petroleum and Alternative Fuel Business Act;
(ii) Places of business of liquefied petroleum gas filling business defined in subparagraph
4 of Article 2 of the Safety Control and Business of Liquefied Petroleum Gas Act;
(f) Amusement facilities or machines subject to safety inspections prescribed in Article 33
(1) of the Tourism Promotion Act, among facilities for general amusement complex
business defined in Article 2 (1) 5 (a) of the Enforcement Decree of the same Act.
Article 4 (Measures for Establishment of Safety and Health Management System and
Implementation Thereof) Details of the measures under Article 4 (1) 1 of the Act shall be as
follows:
1. A business owner or a responsible managing officer, etc. shall establish objectives and
managerial policies on safety and health at the relevant business or place of business;
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5. A business owner or a responsible managing officer, etc. shall take the following
measures so that a person in charge of safety and health management, a supervisor, and
a person in general charge of safety and health (hereafter in this Article, referred to as
"person in charge of safety and health management, etc.") under Articles 15, 16, and 62
of the Occupational Safety and Health Act can faithfully perform respective duties
provided in the same Articles at each place of business:
(a) To provide a person in charge of safety and health management, etc. with the
authority and budget necessary for performing his or her duties;
(b) To establish criteria to assess whether a person in charge of safety and health
management, etc. performs his or her duties faithfully, and assess and manage such
person at least once every half year in accordance with such criteria;
6. A business owner or a responsible managing officer, etc. shall assign at least the number
prescribed in Articles 17 through 19 and 22 of the Occupational Safety and Health Act of
safety officers, health officers, persons in charge of safety and health management, and
of occupational medicine physicians: Provided, That where other statutes or regulations
prescribe the assignment of the relevant human resources otherwise, the relevant
provisions shall apply; and if a person required to be assigned holds other offices, such
person shall be guaranteed working hours on safety and health in accordance with the
standards determined and publicly notified by the Minister of Employment and Labor;
7. A business owner or a responsible managing officer, etc. shall establish procedures to
hear the opinions of workers on the safety and health at the relevant business or place
of business; and if deemed necessary for the prevention of accidents after hearing
opinions in accordance with the procedures, he or she shall prepare improvement plans
therefor, shall conduct an inspection at least once every half year to determine whether
the plan is implemented, and shall take necessary measures accordingly: Provided, That
where the occupational safety and health committee under Article 24 of the Occupational
Safety and Health Act or the consultative body on safety and health under Articles 64
and 75 of the same Act discusses, and deliberates and decides on, matters concerning
safety and health at the business or place of business, the opinions of the relevant
workers shall be deemed heard;
8. A business owner or a responsible managing officer, etc. shall prepare a manual for each
of the following measures in case a serious industrial accident occurs or there is an
imminent risk of occurrence of such accident at the relevant business or place of
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business, and shall conduct an inspection at least once every half year to determine
whether measures are taken in accordance with the relevant manual:
(a) Countermeasures such as suspension of work, evacuation of employees, and removal
of risk factors;
(b) Relief measures for persons suffering serious industrial accidents;
(c) Measures to prevent additional damage;
9. Where any work is contracted, outsourced, or entrusted, etc. to a third party, a business
owner or a responsible managing officer, etc. shall establish the following standards and
procedures to secure the safety and health of workers; and shall conduct an inspection at
least once every half year to determine whether contracting, outsourcing, or entrustment,
etc. has been made in accordance with such standards and procedures:
(a) Criteria and procedures for evaluating the capabilities and technology to prevent
industrial accidents of the persons to whom the work is contracted, outsourced, or
entrusted, etc.;
(b) Standards for management expenses for safety and health of the persons to whom
the work is contracted, outsourced, or entrusted, etc.;
(c) In cases of the construction and shipbuilding industry, the standards for the period of
construction or period of building for safety and health of the persons to whom the
work is contracted, outsourced, or entrusted, etc.
Article 5 (Managerial Measures Necessary to Perform Duties under Safety and Health-Related
Statutes or Regulations) (1) "Safety and health-related statutes or regulations" in Article 4
(1) 4 of the Act means statutes or regulations applicable to the relevant business or place
of business and related to securing the safety and health of workers.
(2) Details of the measures under Article 4 (1) 4 of the Act shall be as follows:
1. A business owner or a responsible managing officer, etc. shall conduct an inspection at
least once every half year to determine whether the duties under health and safety-
related statutes or regulations have been performed (including inspections that are
entrusted to institutions, etc. designated by the heads of central administrative agencies
under such health and safety-related statutes or regulations; hereafter in this
subparagraph, the same shall apply); and when not directly conducting an inspection, he
or she shall receive a report on the result of the inspection, without delay, after the
inspection is completed;
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2. Where the inspection or report under subparagraph 1 finds that the duties under safety
and health-related statutes or regulations have not been performed, the relevant
business owner or responsible managing officer, etc. shall take measures necessary to
perform such duties, including assigning personnel or setting and spending additional
budgets;
3. A business owner or a responsible managing officer, etc. shall conduct an inspection at
least once every half year to determine whether compulsory safety and health education
programs in relation to hazardous and risky work under safety and health-related
statutes or regulations have been provided; and when not directly conducting an
inspection, he or she shall receive a report on the result of the inspection, without delay,
after the inspection is completed;
4. Where the inspection or report under subparagraph 3 finds that education programs
have not been provided, the relevant business owner or responsible managing officer,
etc. shall, without delay, take measures necessary for education, such as ordering to
provide such education programs and securing budgets.
Article 6 (Providing Safety and Health Education Programs) (1) Safety and health education
programs under Article 8 (1) of the Act (hereinafter referred to as "safety and health
education programs") shall be completed within 20 hours in total, as prescribed by the
Minister of Employment and Labor.
(2) Safety and health education programs shall include the following:
1. Management plans on safety and health, including establishment of a safety and health
management system;
2. Analysis of causes of serious industrial accidents and measures to prevent recurrence
thereof.
(3) The Minister of Employment and Labor may request the Korea Occupational Safety and
Health Agency established under the Korea Occupational Safety and Health Agency Act or
a safety and health educational institution registered under Article 33 of the Occupational
Safety and Health Act (hereinafter referred to as "safety and health educational institution,
etc.") to provide safety and health education programs.
(4) For corporations or institutions that have caused a serious industrial accident, the
Minister of Employment and Labor shall determine on a quarterly basis persons required to
receive safety and health education programs, and shall notify the persons required to
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receive such education programs of the following no later than 30 days prior to the date
the education programs are provided:
1. Safety and health educational institutions, etc. which provide safety and health education
programs;
2. Education schedule;
3. Other matters necessary to provide safety and health education programs.
(5) Upon receipt of a notification under paragraph (4), if a person required to receive safety
and health education programs has good cause for not participating in the scheduled
education programs, he or she may request the Minister of Employment and Labor to
postpone the education programs only once no later than seven days before the date the
education programs are provided.
(6) The Minister of Employment and Labor shall notify the relevant person required to
receive safety and health education programs as to whether postponement is possible
within three days from the date of receipt of a request for postponement under paragraph
(5).
(7) Where safety and health education programs are postponed, paragraph (4) shall apply
mutatis mutandis to notification of the education schedule, etc.
(8) Expenses incurred in safety and health education programs shall be borne by the
persons required to receive such education programs at safety and health education
institutions, etc.
(9) Where a safety and health educational institution, etc. has provided safety and health
education programs, it shall notify the Minister of Employment and Labor of the list of
persons who have completed such education programs.
(10) Where persons required to receive safety and health education programs have
completed such education programs, they may request the Minister of Employment and
Labor to issue a certificate of completion of safety and health education programs, if
necessary.
(11) Upon receipt of a request under paragraph (10), the Minister of Employment and
Labor shall issue a certificate of completion of safety and health education programs
without delay, as prescribed by the Minister of Employment and Labor.
Article 7 (Criteria for Imposition of Administrative Fines) The criteria for imposition of
administrative fines under Article 8 (2) of the Act shall be as specified in attached Table 4.
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Article 8 (Establishment of and Implementation Measures for Safety and Health Management
Systems Related to Raw Materials and Products) Details of the measures under Article 9 (1)
1 of the Act shall be as follows:
1. A business owner or a responsible managing officer, etc. shall have the necessary human
resources for performing the following to conduct the affairs for preventing serious civic
accidents:
(a) To conduct affairs related to safety and health management in accordance with safety
and health-related statutes or regulations under Article 9 (1) 4 of the Act;
(b) To inspect hazardous and risk factors and respond to the signals of risk;
(c) Other matters determined and publicly notified by the Minister of Environment for the
safety and health management related to raw materials and products;
2. A business owner or a responsible managing officer etc. shall set and spend a budget
necessary to perform the following:
(a) To secure and maintain human resources, facilities, equipment, etc. under safety and
health-related statutes or regulations under Article 9 (1) 4 of the Act;
(b) To inspect hazardous and risk factors and respond to the signals of risk;
(c) Other matters determined and publicly notified by the Minister of Environment for the
relevant safety and health management related to raw materials and products;
3. A business owner or a responsible managing officer etc. shall take the following
measures to prevent serious civic accidents caused by raw materials or products specified
in attached Table 5:
(a) To conduct a periodic inspection of hazardous and risk factors;
(b) To file a report on, and take measures against, any risk of a serious civic accident that
is found from the verification of the hazardous or risk factors discovered through the
receipt of information or the detection of signals of any risk, etc.;
(c) To give a report, file a report, and take measures in cases of serious civic accidents;
(d) To take measures for improvement following an investigation into the causes of
serious civic accidents;
4. A business owner or a responsible managing officer, etc. shall establish procedures for
handling business affairs including measures under the items of subparagraph 3:
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Provided, That in cases of micro enterprises defined in Article 2 of the Framework Act on
Micro Enterprises shall be excluded herefrom;
5. A business owner or a responsible managing officer, etc. shall inspect the matters
prescribed in subparagraphs 1 and 2 at least once every half year and shall take
necessary measures to prevent serious civic accidents, such as assigning human resources
or setting and spending additional budgets based on the results of the inspection.
Article 9 (Managerial Measures Necessary to Perform Duties under Safety and Health-Related
Statutes or Regulations Related to Raw Materials and Products) (1) "Safety and health-
related statutes or regulations" in Article 9 (1) 4 of the Act means statutes or regulations
applicable to raw materials or products being produced, manufactured, sold, or distributed
at the relevant business or place of business, which are related to preventing such raw
materials or products from turning into hazardous and risk factors that may affect human
life and body and to controlling them safely.
(2) Details of the measures under Article 9 (1) 4 shall be as follows:
1. A business owner or a responsible managing officer, etc. shall conduct an inspection at
least once every half year to determine whether the duties under health and safety-
related statutes or regulations have been performed (including inspections that are
entrusted to institutions, etc. designated by the heads of central administrative agencies
under such health and safety-related statutes or regulations; hereafter in this
subparagraph, the same shall apply); and when not directly conducting an inspection, he
or she shall receive a report on the result of the inspection, without delay, after the
inspection is completed;
2. Where the inspection or report under subparagraph 1 finds that the duties under safety
and health-related statutes or regulations have not been performed, the relevant
business owner or responsible managing officer, etc. shall take measures necessary to
perform such duties, including assigning personnel or setting and spending additional
budgets;
3. A business owner or a responsible managing officer, etc. shall conduct an inspection at
least once every half year to determine whether a compulsory education programs under
safety and health-related statutes or regulations have been provided; and when not
directly conducting an inspection, he or she shall receive a report on the result of the
inspection, without delay, after the inspection is completed;
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4. Where the inspection or report under subparagraph 3 finds that education programs
have not been provided, the relevant business owner or responsible managing officer,
etc. shall, without delay, take measures necessary for education, such as ordering to
provide such education programs and securing budgets.
Article 10 (Establishment of, and Implementation Measures for, Safety and Health
Management Systems Related to Public-Use Facilities and Public Transportation Vehicles)
Details of the measures under Article 9 (2) 1 of the Act shall be as follows:
1. A business owner or a responsible managing officer, etc. shall have the necessary human
resources for performing the following to conduct the affairs for preventing serious civic
accidents:
(a) To conduct affairs related to safety management in accordance with safety and
health-related statutes or regulations under Article 9 (2) 4 of the Act;
(b) To implement safety plans formulated pursuant to subparagraph 4;
(c) Other matters determined and publicly notified by the Minister of Land, Infrastructure
and Transport concerning the safety of public-use facilities or public transportation
vehicles and their users or other people;
2. A business owner or a responsible managing officer etc. shall set and spend a budget
necessary to perform the following:
(a) To secure and maintain human resources, facilities, equipment, etc. and to conduct
safety inspections, etc. in accordance with safety and health-related statutes or
regulations under Article 9 (2) 4 of the Act;
(b) To implement safety plans formulated pursuant to subparagraph 4;
(c) Other matters determined and publicly notified by the Minister of Land, Infrastructure
and Transport concerning the safety of public-use facilities or public transportation
vehicles and their users or other people;
3. A business owner or a responsible managing officer, etc. shall plan and conduct a safety
inspection, etc. in accordance with safety and health-related statutes or regulations under
Article 9 (2) 4 of the Act for public-use facilities or public transportation vehicles;
4. A business owner or a responsible managing officer, etc. shall have a safety plan
containing the following formulated at least once a year on public-use facilities or public
transportation vehicles and have such plan faithfully implemented: Provided, That where
a safety and maintenance plan for establishments under Article 6 of the Special Act on
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(a) Matters concerning the identification and inspection of hazardous and risk factors of
public-use facilities or public transportation vehicles;
(b) Where any hazardous or risk factor is detected from public-use facilities or public
transportation vehicles, matters concerning the improvement thereof, such as
reporting, request for measures, restrictions on use, repair, and reinforcement of the
relevant matters;
(c) In cases of serious civic accidents, matters concerning emergency relief measures for
casualties, etc., emergency safety inspections of public-use facilities or public
transportation vehicles, measures for prevention of further damage such as installing
warning signs, reports to the competent administrative agencies, etc., and measures for
improvement following an investigation of causes;
(d) Matters concerning evacuation training in case of emergency or urgent situations at
public transportation vehicles or Class-I establishments defined in subparagraph 1 of
Article 7 of the Special Act on the Safety Control and Maintenance of Establishments;
8. Where the operation and management of public-use facilities or public transportation
vehicles is contracted, outsourced, or entrusted, etc. to a third party, a business owner or
a responsible managing officer, etc. shall establish the following criteria and procedures
to secure the safety of public-use facilities or public transportation vehicles and their
users or other people, and shall conduct an inspect at least once a year to determine
whether contracting, outsourcing, or entrustment, etc. has been made in accordance with
such standards and procedures; and when not directly conducting an inspection, he or
she shall receive a report on the result of the inspection, without delay, after the
inspection is completed:
(a) Criteria and procedures for evaluating the capabilities to take measures and safety
management capabilities to prevent serious civic accidents;
(b) Criteria for expenses required to prevent serious civic accidents in performing the
duties, such as contracting, outsourcing, and entrustment.
Article 11 (Managerial Measures Necessary to Perform Duties under Safety and Health-
Related Statutes or Regulations Related to Public-Use Facilities and Public Transportation
Vehicles) (1) "Safety and health-related statutes or regulations" in Article 9 (2) 4 of the Act
means statutes or regulations applicable to the relevant public-use facilities and public
transportation vehicles and related to securing the safety and health of their users and
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other people.
(2) Details of the measures under Article 9 (2) 4 of the Act shall be as follows:
1. A business owner or a responsible managing officer, etc. shall conduct an inspection at
least once a year to determine whether the duties under health and safety-related
statutes or regulations have been performed (including inspections that are entrusted to
institutions, etc. designated by the heads of central administrative agencies under such
health and safety-related statutes or regulations; hereafter in this subparagraph, the same
shall apply); and when not directly conducting an inspection, he or she shall receive a
report on the result of the inspection, without delay, after the inspection is completed;
2. Where the inspection or report under subparagraph 1 finds that the duties under safety
and health-related statutes or regulations have not been performed, the relevant
business owner or responsible managing officer, etc. shall take measures necessary to
perform such duties, including assigning personnel or setting and spending additional
budgets;
3. A business owner or a responsible managing officer, etc. shall conduct an inspection at
least once a year to determine whether a safety manager of public-use facilities or a
worker responsible for maintenance and inspection of facilities and equipment of public
transportation vehicles has completed compulsory education programs under safety and
health-related statutes or regulations; and when not directly conducting an inspection, he
or she shall receive a report on the result of the inspection, without delay, after the
inspection is completed;
4. Where the inspection or report under subparagraph 3 finds that education programs
have not been provided, the relevant business owner or responsible managing officer,
etc. shall, without delay, take measures necessary for education, such as ordering to
provide such education programs.
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