Anwendungsbereich des Regulatory Essentials
Geltende Rechtsvorschriften:
The Occupational Safety and Health Act is the primary framework law that establishes the fundamental legal obligations and responsibilities for ensuring safety and health in the workplace. It defines:
- The scope of application (e.g. workplaces, MACHINERY, equipment, employers, employees)
- The general duty of care for employers, manufacturers, and importers
- The legal authority of the responsible ministry and enforcement bodies
- The basic safety and health objectives that must be achieved
This Enforcement Decree are legally binding secondary legislation issued under the authority of the OSH Act.
It translate the high-level requirements of the Act into specific legal obligations
- Define which products, machines, or activities are subject to regulation
- Specify conformity assessment routes (e.g. self-declaration, certification, inspection)
- Establish procedural requirements, such as reporting, registration, or approval
- Define penalties and sanctions for non-compliance
- Enforcement Decrees determine how the Act is implemented in practice.
Kommentar bezüglich der Vergleichbarkeit mit der EU-Gesetzgebung:
The regulatory framework for machinery in South Korea is largely comparable to the provisions applicable to high-risk machinery listed in Annex IV of the EU Machinery Directive 2006/42/EC and Annex I of the new Machinery Regulation (EU) 2023/1230. Under the Korean Occupational Safety and Health Act (OSHA), certain types of machinery are designated as “hazardous machinery” and are subject to mandatory conformity assessment procedures. These include:...