Korea expands right to halt work as safety law takes effect in 2027

South Korea's labor ministry said Tuesday it had promulgated a revision to the Occupational Safety and Health Act that lets workers halt work when they fear an industrial accident, part of a package meant to take effect in stages through late 2027.

The revision, published 26 days after the National Assembly passed it on Oct. 1, extends the right to demand a work stoppage beyond cases of "imminent danger" to situations where such danger is a concern. Workers, worker representatives and honorary industrial safety supervisors can make the demand to employers, and subcontractors can now ask the principal contractor directly. Workers may also stop work and evacuate when an accident is feared, not only when one is imminent.

The labor minister's power to order a stoppage grows as well: such an order can be issued not only after a serious accident but also when a worker is unconscious or his or her condition is unclear after an injury, or where a collapse or similar event threatens to cause a serious accident.

A new duty requires employers ordered to take corrective measures, such as installing safety guardrails, to suspend work until the fixes are complete if the failure to comply creates an imminent risk of injury. The changes covering stop-work rights, penalties and construction safety and health costs take effect April 28, 2027. A new Safe Workplace Committee and a reporting reward program begin Jan. 28, 2027, and safety and health management costs for industries outside construction follow on Oct. 28, 2027.

The law now lists heat waves and cold waves as grounds for extending construction periods, and the exemption from safety certification for imported goods destined for export is widened.

Companies where three or more workers die in industrial accidents in the year after the law takes effect will face fines of up to 5 percent of average operating profit over the previous three years. If no such profit exists, cannot be calculated, or if 5 percent falls below 3 billion won ($2.27 million), the penalty is capped at 3 billion won. Collected fines go to the industrial accident insurance fund and are used to prevent accidents. The ministry said the size of a fine will be based on the number of violations, the company's size and the number of workers killed, adjusted for factors including the nature of the breach, the share of the workforce killed and efforts to prevent a recurrence, after review by a penalty deliberation committee. Procedures, collection timing and the committee's setup will be set in subordinate legislation after consultation.

The Safe Workplace Committee, chaired by the labor minister, will have up to 20 members drawn from labor and management, vice-minister-level officials from related ministries and experts. It will deliberate on and coordinate the basic plan for preventing industrial accidents and check on its implementation.

"Everyone who works has the right to work safely, and making sure no one is hurt or killed at the workplace they left home to go to is the government's most basic and important duty," Labor Minister Kim Young-hoon said. Kim said the government would prepare thoroughly so the new system produces real change at worksites, including by drawing up subordinate legislation and overhauling enforcement.