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Laws › Occupational Safety and Health Act › CHAPTER XII PENALTY PROVISIONS

Occupational Safety and Health Act — Article 174 (Concurrent imposition of punishment and program attendance order)

산업안전보건법 제174조

This English translation is based on the Korean text effective 2025-10-01. The Korean law has since been amended (current version effective 2026-08-01) — check the Korean original.

(1) Where a person is declared guilty by a court (excluding suspension of sentence) for causing the death of an employee in violation of Article 38(1) through (3) (including cases applicable mutatis mutandis in Article 166-2), 39 (1) (including cases applicable mutatis mutandis in Article 166-2), or 63 (including cases applicable mutatis mutandis in Article 166-2) or becomes subject to a summary order notified by a court, such person may be ordered to attend an educational program necessary for preventing industrial accidents for up to 200 hours or to complete an occupational safety and health program (hereinafter referred to as "program completion order"), concurrently with such sentence. <Amended on Mar. 31, 2020>

(2) A program attendance order referred to in paragraph (1) shall be imposed concurrently during the period of suspension of execution where a court declares the suspension of the execution of a sentence, and a program completion order shall be imposed concurrently where a court imposes a fine or heavier punishment or notifies a summary order. <Added on Mar. 31, 2020>

(3) A program attendance order or a program completion order referred to in paragraph (1) shall be executed during the period of suspension of execution where a court declares the suspension of the execution of a sentence; within six months from the date a sentence becomes final where a court imposes a fine or notifies a summary order; and within the term of punishment where a court imposes a sentence of imprisonment with labor or heavier punishment, respectively. <Amended on Mar. 31, 2020>

(4) Where a program attendance order or a program completion order referred to in paragraph (1) is imposed concurrently with a fine or the suspension of the execution of a sentence, it shall be executed by the head of a probation office and where imposed concurrently with imprisonment with labor or heavier punishment, by the head of a correctional facility; provided, where a person is released or released on parole before complying with a program completion order imposed concurrently with a sentence of imprisonment with labor or heavier punishment, or the execution of punishment becomes impossible for reasons, such as the inclusion of the number of the days of pre-trial detention, the remainder of such order shall be executed by the head of a probation office. <Amended on Mar. 31, 2020>

(5) A program attendance order or a program completion order referred to in paragraph (1) shall be executed as follows: <Amended on Mar. 31, 2020>

1. Education on safety and health;

2. Other necessary matters to prevent industrial accidents.

(6) Except as provided in this Act, the Act on Probation shall apply mutatis mutandis to a program attendance order and a program completion order. <Amended on Mar. 31, 2020>

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