Reasons for Proposal
Currently, the Act on the Establishment of Safe Laboratory Environment and the Occupational Safety and Health Act have been enacted and enforced, respectively, for the safety management of science and technology fields and industrial sites, and as an inclusive law on the disaster safety for the general public, the Framework Act on the Management of Disasters and Safety is in effect.
However, in connection with the scope of human resources protected by the above laws, since the Act on the Establishment of Safe Laboratory Environment is applicable to “research workers” such as researchers and undergraduate and graduate students engaged in research and development activities in the science and technology fields, while the Occupational Safety and Health Act targets “workers” under the Labor Standards Act and the Occupational Safety and Health Act, the protection system is unsatisfactory regarding the safety management and damage relief for the general public who are feared to or have sustained damage from research and development accidents.
In addition, in relation to the physical scope to which the above laws are applicable, it is difficult to apply the Framework Act on the Management of Disasters and Safety to special circumstances such as the occurrence of public safety risks caused by research, while the Act on the Establishment of Safe Laboratory Environment is only applicable to research facilities such as labs, practice rooms, and experiment preparation rooms installed with facilities, equipment, and research materials for the research and development activities in the science and technology fields for universities, research institutes, etc., and the Occupational Safety and Health Act targets only industrial sites, and thus, there is a gap in public safety management for research and development activities where the subject of implementation is not a university or research institute, and research and development activities are conducted outside of a laboratory.
Therefore, the Act aims to secure safety throughout the projects for the development of industrial technology promoted by the government and those facilities where projects are carried out, introduce a system to compensate for damage sustained by the general public due to industrial technology development accidents so as to remove the blind spot in damage relief, and institutionalize the financial means, etc., for securing resources necessary for adequate compensations, thereby formulating a comprehensive management system and an effective damage relief system for industrial technology development accidents so as to prevent industrial technology development accidents.
Details
A. Establish safety management standards for projects for the development of industrial technology promoted by the government, and set forth preventive activities, countermeasures, damage compensation, and other matters necessary for safety management of projects for the development of industrial technology so as to improve safety and accountability (Article 1).
B. The project for the development of industrial technology is implemented to develop industrial technology pursuant to Article 11 of the Industrial Technology Innovation Promotion Act as determined by Presidential Decree (Article 2).
C. In order to deliberate on important matters in connection with safety management of the projects for the development of industrial technology, a Committee for Safety Management of the Development of Industrial Technology shall be established under the Minister of Trade, Industry and Energy (Article 7).
D. In order to maintain the functions and safety of the facilities for the development of the industrial technology, oblige the head of the executing agency to conduct a safety inspection on the relevant facilities for the development of the industrial technology pursuant to the safety inspection guidelines, etc., and conduct a precise safety diagnosis where deemed necessary so as to prevent industrial technology development accidents and secure safety for facilities used in the development of industrial technology (Articles 9 and 10).
E. Where it is deemed necessary to enforce an emergency measure for the safe use by industrial technology development workers or the public according to the results of a safety inspection and precision safety diagnosis or the results of an accident investigation under Article 21, ensure to enforcement of safety measures such as the restriction, prohibition, or removal of unsafe facilities used in the development of the industrial technology (Article 12).
F. If the Minister of Trade, Industry and Energy determines that an urgent call is required to prevent industrial technology development accidents and disasters that pose a threat to the public’s safety, allow the Minister to restrict or prohibit the use of the pertinent facilities for the development of the industrial technology (Article 13).
G. Allow the head of the responsible agency to suspend the conclusion of the agreement for new or continuing tasks with the executing agency if the agency fails to conform to recommended preventive measures determined during a safety inspection or precision safety diagnosis (Article 14).
H. Allow the Minister of Trade, Industry and Energy or the head of the responsible agency to cancel the agreement where an executing agency fails to faithfully carry out preventive measures against industrial technology development accidents or an industrial technology development accident or the like occurs, and to restrict the agency’s participation in the projects for the development of the industrial technology or redeem all or part of the project cost already contributed if the agreement is canceled or the grounds for such cancellation are found subsequent to the termination of the agreement (Article 15).
I. Allow the Minister of Trade, Industry and Energy to provide all or part of the expenses necessary for the safety and maintenance of the facilities for the development of the industrial technology to the executing agency, as set out under the Presidential Decree, so as to create a safe environment and build a foundation for the facilities for the development of industrial technology (Article 17).
J. Where an industrial technology development accident, etc. occurs, oblige the person who performs the pertinent project for the development of the industrial technology to immediately report the accident to the responsible agency and the applicable central administrative agency prescribed under Presidential Decree (Article 18).
