Summary / Citation: With regard to the industrial accidents prescribed by the Ordinance of the Ministry of Employment and Labor, an employer shall report their background, causes, date of report, plans to prevent a recurrence, etc., to the Minster of Employment and Labor.
"(1) In the event of an industrial accident resulting in any deaths or any person sustaining any injury or contracting any disease that requires medical care for four days or more, the employer shall prepare an industrial accident investigation sheet in the form as set forth in Table 1 and submit such table to the head of the competent regional or district employment and labor office (hereinafter referred to as the “head of the local labor authority”) in accordance with Article 10 (2) of the Act within one month of the occurrence of the applicable industrial accident, except where an application for medical care benefits under Article 41 of the Industrial Accident Compensation Insurance Act or survivors’benefits under Article 62 of the same Act has been filed with the Korea Labor Welfare Corporation within one month of the occurrence of such industrial accident.
(2) If the employer becomes aware of the occurrence of any accident as set forth in subparagraphs 1 through 3 of Article 2 (1) (hereinafter referred to as a“serious accident”), the employer shall promptly notify the head of the competent local labor authority of matters as set forth in the following subparagraphs by telephone or facsimile or using any other appropriate means in accordance with Article 10 (2) of the Act; provided, however, that in the event of an act of God or any other unavoidable circumstance, the notification shall promptly be provided when the such circumstance ceases to exist:
1. an overview of the occurrence and damage assessment;
2. measures and a projected outcome; and
3. any other important matters.
(3) The employer shall have the industrial accident investigation sheet acknowledged by the representative of workers and attach to the sheet any disagreements, if any, of the representative on statements therein; provided, however, that the acknowledgement by the representative of workers may be omitted in the case of construction industry.
(4) The Minister of Employment and Labor shall prescribe matters necessary for the reporting of industrial accidents under the provisions of paragraphs (1) through (3).
(5) Upon receipt of any applications for medical care benefits under the proviso of paragraph (1), the Korea Labor Welfare Corporation shall comply with the request, if any, of the head of the local labor authority or the Korea Occupational Safety and Health Agency (hereinafter referred to as the“Agency”) for copies of the applications, computer data entries related to medical care activities, and/or any other materials required to conduct industrial accident prevention activities."
Restrictions / obligations: This shall not apply if medical care benefits, survivors' benefits or pensions for surviving family members of pneumoconiosis workers have been applied for.
• Ordinance of the Ministry of Employment and Labor of the Occupational Safety and Health (Art. 4)
• Occupational Safety and Health Act (Art. 10 (2))
Related CEACR Comments
• Labour Inspection Convention, 1947 (No. 81) Observation 2019
• Labour Inspection Convention, 1947 (No. 81) Direct Request 2019
• Occupational Safety and Health Convention, 1981 (No. 155) Observation 2010
• Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
