(1) Notwithstanding Article 110(1), a person who intends not to indicate the name and content of a chemical substance prescribed in subparagraph 2 of that paragraph in the material safety data sheets as such information is related to his or her trade secrets, such person may provide a name and content that can be substituted for the actual name and content of the relevant chemical substance (hereinafter referred to as "alternative data") after applying for the use of alternative data to, and obtaining approval from, the Minister of Employment and Labor, as prescribed by Decree of the Ministry of Employment and Labor; provided, this shall not apply to chemical substances likely to cause a serious health impairment of employees, which are publicly notified by the Minister of Employment and Labor after deliberation by the Industrial Accident Compensation Insurance and Prevention Deliberation Committee referred to in Article 8(1) of the Industrial Accident Compensation Insurance Act.
(2) Upon receiving an application for approval referred to in the main clause of paragraph (1), the Minister of Employment and Labor shall determine whether to grant approval after reviewing the need to replace the name and content of a chemical substance, the compatibility of the alternative data, the appropriateness of the material safety data sheet, etc., as prescribed by Decree of the Ministry of Employment and Labor, and shall then notify the relevant applicant of his or her determination.
(3) The Minister of Employment and Labor shall establish the standards for granting approval under paragraph (2) after having such standards deliberated on by the Industrial Accident Compensation Insurance and Prevention Deliberation Committee referred to in Article 8(1) of the Industrial Accident Compensation Insurance Act.
(4) The effective period of approval prescribed in paragraph (1) shall be five years from the date of approval.
(5) Where a person who intends to continue to use alternative data after the expiration of the effective period referred to in paragraph (4) applies for approval for an extension of the effective period, the Minister of Employment and Labor may approve the extension of the effective period by five years from the date following each expiration date of the effective period.
(6) Deleted. <Aug. 8, 2023>
(7) Deleted. <Aug. 8, 2023>
(8) The Minister of Employment and Labor may revoke approval or approval for extension pursuant to paragraph (1) or (5), or Article 112-2(2) in any of the following cases; provided, he or she shall revoke such approval or approval for extension in cases falling under subparagraph 1: <Amended on Aug. 8, 2023>
1. Where an approval or approval for extension prescribed in paragraph (1) or (5) or Article 112-2 (2) has been obtained by fraud or other improper means;
2. Where any chemical substance for which approval or approval for extension prescribed in paragraph (1) or (5) or Article 112-2 (2) has been granted falls under the category of chemical substances specified in the proviso of paragraph (1).
(9) The procedures and methods for granting approval for extension prescribed in paragraph (5) and revoking approval or approval for extension prescribed in paragraph (8), and other necessary matters shall be prescribed by Decree of the Ministry of Employment and Labor.
(10) In cases prescribed by Decree of the Ministry of Employment and Labor, such as where a serious health impairment of an employee occurs, any of the following persons may request that a person who has manufactured or imported any substance subject to material safety data sheet preparation provide information on the name and content of a chemical substance, for which alternative data has been used under paragraph (1), to maintain the safety and health of employees or to identify the causes of occupational diseases. In such cases, a person requested to provide such information shall provide the relevant information, as determined and publicly notified by the Minister of Employment and Labor:
1. A physician defined in Article 2 of the Medical Service Act, who treats an employee;
2. A health officer and a specialized health management institution;
3. An occupational health physician;
4. The representative of employees;
5. An institution entrusted with an epidemiological investigation referred to in Article 141(1), pursuant to Article 165(2)38;
6. The Occupational Disease Adjudication Committee referred to in Article 38 of the Industrial Accident Compensation Insurance Act.