English names and summaries of Korean laws are unofficial translations. The Korean text on the Korean Law Information Center (law.go.kr) prevails.
Preparing for MOEL inspection and investigation in Korea
Key terms in Korean and English
- Occupational Safety and Health Act (산업안전보건법)
- Serious Accidents Punishment Act (중대재해 처벌 등에 관한 법률)
- industrial accident (산업재해)
- serious accident (중대재해, OSH Act)
- responsible management officer (경영책임자등)
- employer (사업주)
- safety and health management system (안전보건관리체계)
- safety and health manager-in-chief (안전보건관리책임자)
- supervisor (관리감독자)
- safety and health general manager (안전보건총괄책임자)
- safety and health manager (안전보건관리담당자)
- occupational safety and health committee (산업안전보건위원회)
- risk assessment (위험성평가)
- suspended sentence (집행유예)
- supervisor (관리감독자)

1. Records the law requires you to keep
OSH Act Article 164(1) — 3 years (meeting minutes: 2 years)
- Appointment records for the safety and health manager-in-chief, safety officers, health officers, safety and health managers and occupational physicians
- Minutes of the occupational safety and health committee and the labor-management council (2 years)
- Records of safety and health measures specified by MOEL ordinance
- Records of the causes of industrial accidents
- Records of hazard investigations of chemical substances
- Work environment monitoring records
- Health examination records
SAPA Enforcement Decree Article 13 — 5 years
- Employers and responsible management officers must keep written records (including electronic documents) of the measures taken under Articles 4 and 5 for 5 years from the date taken. Small business owners under the Framework Act on Small Business Owners are excluded.
2. What to show for each SAPA duty
| Basis | Duty | Evidence | Commonly missing |
|---|---|---|---|
| Decree Art. 4 sub. 1 | Safety and health goals and management policy | Policy, goals and indicators, records of sharing | A generic statement unrelated to site hazards |
| Art. 4 sub. 2 | Dedicated safety and health organization (if 3+ statutory staff and 500+ regular workers, or a top-200 construction firm) | Organization chart, job descriptions | Run as a side duty when required |
| Art. 4 sub. 3 | Procedure to identify and improve hazards; review at least every six months (deemed done if risk assessments under Art. 36 of the OSH Act are carried out and reported) | Procedure, risk assessments, improvement records, reports to management | Assessments without improvement or reporting |
| Art. 4 sub. 4 | Budget for people, facilities, equipment and hazard improvement, spent as planned | Budget and spending records linked to sub. 3 items | Budget planned but no proof of spending |
| Art. 4 sub. 5 | Authority and budget for the safety and health manager-in-chief, supervisors and safety and health general managers; evaluation criteria and six-monthly evaluation | Delegation documents, criteria, evaluation results | General HR appraisal used instead |
| Art. 4 sub. 6 | Statutory number of safety officers etc.; working time guaranteed if combined with other duties | Appointment records and notifications, working-time basis | Appointed on paper only |
| Art. 4 sub. 7 | Procedure to hear workers; six-monthly review of improvements (deemed heard through the OSH committee or councils) | Suggestion log, replies, minutes | Received but no action or reply |
| Art. 4 sub. 8 | Emergency manual; six-monthly review | Manual, drill records, review results | Manual without drills or reviews |
| Art. 4 sub. 9 | Criteria and procedures for selecting contractors (capability, safety cost, and for construction and shipbuilding, schedule); six-monthly review | Contractor evaluations, cost and schedule criteria, review results | Criteria not applied to actual selection or renewal |
| Decree Art. 5(2) sub. 1–2 | Six-monthly review of compliance with safety and health laws; staffing or budget action if non-compliance is found | Review results, reports, follow-up records | Review without follow-up |
| Decree Art. 5(2) sub. 3–4 | Six-monthly review of mandatory training for hazardous work; instructions and budget for missed training | Training status, review results, instructions | Training logs without review |
| SAPA Art. 4(1) sub. 2 | Recurrence prevention after an accident | Template F | Same type of accident repeats |
| SAPA Art. 4(1) sub. 3 | Compliance with improvement or correction orders of authorities | Orders and compliance reports | No proof of compliance |
3. What courts have focused on
From the case-law analysis in MOEL's 2025 white paper (as of end-September 2025):
- 71 first-instance or higher judgments under the SAPA: 65 guilty (91.5%), 6 not guilty (8.5%)
- Of the guilty verdicts: 7 prison sentences, 55 suspended sentences, 3 criminal fines
- Grounds cited for prison sentences included repeated prior violations of OSH laws, tolerating or ignoring known risks, and having no safety and health management system
- Most frequently found breaches (counted per case, overlapping): Decree Art. 4 sub. 3 — 61 cases (85.9%); sub. 5 — 53 cases (74.6%); sub. 7 — 23 cases (32.3%)
Check those three first: hazard identification and improvement records, supervisor evaluations, and worker consultation with replies.
4. Gaps that recur in the 32 in-depth cases
- A risk assessment existed but did not cover the task or motion that caused the accident.
- Hazards flagged by external audits, internal reports or worker suggestions were never fixed.
- Supervisors and safety officers were appointed on paper with no actual work or evaluation records.
- Contractors were renewed for years without any capability evaluation.
- Minor accidents of the same type kept recurring before a fatal one.
- In one case, efforts to alter the scene or reports after the accident came to light in the investigation. After an accident, do not create or alter records; submit them as they are.
5. Six-monthly routine
- Use Template G to review Decree Art. 4 sub. 3, 5(b), 7, 8 and 9 and Art. 5(2) sub. 1 and 3.
- Report the results to the responsible management officer and record the date.
- Record staffing and budget actions for any gaps (Art. 5(2) sub. 2 and 4).
- Keep all records in a five-year file (Decree Art. 13).
Occupational Safety and Health Act · OSH Act Enforcement Rule · Serious Accidents Punishment Act · SAPA Enforcement Decree
Organising inspection and investigation records by responsibility
For a records request, allocate what the equipment contact, work supervisor and record custodian will provide. Connect actual records with the responsible person’s confirmation instead of relying on one person to remember the entire sequence.
Distinguish material already submitted from material requested later. Hand over the request, delivery status and outstanding checks together to reduce omissions and inconsistent accounts.
- Distinguish an original record from any subsequent additions.
- Check the respective roles of the records contact and site action owners.