Inspection and Investigation Response Procedure after a Serious Accident

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Select your current step and the content for that step will appear below.

1. 1Stopping work and evacuating workers
2. 2Reporting the serious accident
3. 3Work stoppage order by the Ministry of Employment and Labor
4. 4Cause investigation of the serious accident
5. 5Application for and deliberation on lifting the work stoppage
6. 6Establishing and submitting a safety and health improvement plan
7. 7Measures following the inspection (opening a criminal case, administrative fine, correction order)
8. 8Investigation under the Serious Accidents Punishment Act
9. 9Referral, indictment and trial

• Basic step
• Additional action / option
• Rejection / objection
• End of procedure

Time required

Stopping work and reporting happen on the day of the accident; deliberation on lifting the work stoppage is within 4 days from the day after the request; the investigation and trial periods have no deadlines set by law and vary by case

Cost

Inspection and cause investigation are not among the items subject to fees under the Occupational Safety and Health Act; attorney fees are separate; if convicted, the responsible executive faces imprisonment of 1 year or more or a fine of up to KRW 1 billion (both may be imposed), and the corporation a fine of up to KRW 5 billion

Procedure guide

Read from start to finish in order. Red text marks deadlines set by law.

1. 1

   When a serious accident occurs, the employer immediately stops the work and evacuates workers (Occupational Safety and Health Act §54(1)). If it is a serious industrial accident, such as 1 or more deaths, an investigation under the Serious Accidents Punishment Act also proceeds (Serious Accidents Punishment Act §2 subparagraph 2). So right after the accident, first check which law applies.

2. 2

   When you learn of the accident, report it without delay to the competent regional employment and labor office by phone, fax, etc. (§54(2), Enforcement Rules §67). The report becomes the first material in the investigation record, so include only confirmed facts.

3. 3

   If there is an imminent risk that an accident will recur from the work where the serious accident occurred or the same work, the Ministry of Employment and Labor issues a work stoppage order, and where unavoidable, such as when harm may spread due to collapse, fire, explosion or leakage, it can stop all work at the workplace (§55(1)(2)). Check the scope of stoppage stated in the order so you can precisely identify what to apply to have lifted.

4. 4

   The cause investigation is conducted through site visits, documents and securing witness statements, and the Korea Occupational Safety and Health Agency or relevant experts may also conduct a separate cause investigation (§56(1)-(3), Enforcement Rules §71(1)). Damaging the scene or obstructing the investigation is prohibited (§56(5)). The cause investigation also examines whether the accident resulted from the employer's violation of the law (Enforcement Rules §71(1)), so keep copies and a list of the materials you submit.

5. 5

   If you request lifting, the deliberation committee is held within 4 days from the day after the request (§55(3), Enforcement Rules §69(3)). Before applying, you must hear the opinions of the workers on that work (Enforcement Rules §69(2)), and if you organize the improvements to the risk factors as materials, you can explain them right away at the deliberation.

   Current step
6. 6

   If you receive an order to establish a safety and health improvement plan, submit the plan within 60 days of receiving the order (§50, Enforcement Rules §61(1)). The employer and workers must comply with a reviewed plan (§50(3)), so write a plan you can actually keep.

7. 7

   Administrative measures resulting from an inspection are taken within 5 days (excluding holidays) of the reporting date, and the correction period is within 10 days for measures closely related to the occurrence of the accident and within 20 days for other matters (Regulations on the Duties of Labor Inspectors (Occupational Safety and Health) §16(1)(4)). For an administrative fine, submit your opinion at the advance notice, and you can object within 60 days after the imposition notice (Act on the Regulation of Violations of Public Order §16, §20).

8. 8

   An investigation under the Serious Accidents Punishment Act looks at whether the responsible executive complied with the duty to ensure safety and health (§4). Your everyday rules, budgets and inspection records are the evidence, so organize and submit them as they are.

9. 9

   In a fatal accident, the responsible executive faces imprisonment of 1 year or more or a fine of up to KRW 1 billion (both may be imposed), and the corporation faces a fine of up to KRW 5 billion (§6(1), §7). The court may examine the victim as a witness on its own authority, and if requested, appoints an expert adviser unless there are special circumstances (§14).

Frequently asked questions

Practical questions that come up right away in this procedure.

QDoes the Serious Accidents Punishment Act apply to every industrial accident?

No. A "serious industrial accident" covers three cases.These are 1 or more deaths, or 2 or more injured persons who need treatment for 6 months or more from the same accident. It also covers 3 or more persons with occupational diseases from the same harmful factor within 1 year.If none of these applies, only inspection and investigation under the Occupational Safety and Health Act proceed. So the starting point is to accurately grasp the scale of the harm right after the accident.

QWhen is a work stoppage order lifted?

If the company requests lifting, the Ministry of Employment and Labor holds a deliberation committee within 4 days from the day after the request to decide. If it judges that the measures have been completed, it lifts the order immediately.These 4 days include Saturdays and public holidays, but if they are consecutive, only up to 3 days are counted. The deliberation looks at whether the risk factors have been fixed.So it is best to prepare improvement materials and hear the workers' opinions before making the request.

QCan the work stoppage order itself be disputed through an administrative appeal or lawsuit?

If you treat the work stoppage order as a disposition and dispute it, the general periods apply. An administrative appeal (a procedure to dispute a disposition before an administrative body) must be filed within 90 days of the date you became aware of the disposition.A revocation lawsuit must be filed within 90 days of the date you learned of the disposition. However, the Occupational Safety and Health Act sets no separate objection procedure for a work stoppage order.On the other hand, if you request lifting, the deliberation committee must be held within 4 days from the day after the request. So decide with your attorney whether to respond by requesting lifting or through an administrative appeal or lawsuit.

QCan we clean up the accident scene?

Apart from rescue and emergency measures, it must be left as it is. No one may damage the scene needed for the cause investigation or obstruct the investigation.Violation is subject to imprisonment of up to 1 year or a fine of up to KRW 10 million. If cleanup is truly necessary, consult the labor office first and record the condition with photos and videos.

QWhat punishment can the responsible executive face?

If a violation of the duty to ensure safety and health is found in a fatal accident, the responsible executive may be sentenced to imprisonment of 1 year or more or a fine of up to KRW 1 billion. Imprisonment and a fine may also be imposed together.The corporation is also subject to a fine of up to KRW 5 billion. Because the prison sentence has a set minimum, the level of punishment is heavy.So it is important to organize records of compliance with your duties from the early stage of the investigation.