List of penalties for South Korea MSDS violations

Release time:

2021-05-08 16:16

Recently, the export South Korea of chemical companies more or less have encountered South Korea MSDS regulations control problems, many companies invariably asked a question, if you do not do the South Korea MSDS, what will be the punishment? Below we will give you a brief introduction of the South Korea MSDS regulations related penalties, for the export South Korea of the relevant enterprises for reference, and prepare accordingly in advance.

South Korea MSDS regulations are derived from the South Korea OSHA Occupational Safety and Health Act. MSDS that can be prepared/updated according to Article 41 of the old OSHA Act before January 16, 2021 has a buffer period of 1-5 years (the buffer period also applies to MSDS updates and CBI applications). However, after January 16, 2021, the new regulations of OSHA Act came into effect, and MSDS was forced to be prepared in accordance with the new regulations and handed over to MoEL before the product was manufactured/imported, with no buffer period.

The MSDS penalty standard comes from South Korea OSHA Article 119, as follows:

1 General Standard
The standard of punishment that should be increased after the 1.1 has been fined for the same violation in the last five years. In this case, the time limit shall be calculated from the date on which the fine is imposed for the violation to the date on which the same offence is discovered again after the fine has been imposed.

1.2 If the penalty is increased after item 1.1, the degree of increase shall be the next level before the violation (two or more fines in the period after Article 1.1 and the higher fine).

1.3 in one of the following cases, the Minister of Labor may reduce the fine to less than half the amount of the fine in accordance with the individual criteria of Article 4, but the fine cannot be reduced in the case of an offender who fails to pay the fine.

1.3.1 When the violator suffers obvious property damage due to natural disasters/fires, or suffers a serious crisis due to deterioration of business conditions;

1.3.2 In addition, while considering that the fine should be reduced, the cause, result and degree of violation should be considered.

1.4 Even if the reasons for reducing the penalty for violation of the law in Item 1.3 and Article 3 are repeatedly met, the total amount of the reduced penalty shall not exceed half of the penalty in Item 4.

1.5 the fine specified in item 4 is less than 1 million won, the fine specified in item 1.3 or item 3 shall be reduced or reduced according to item 4, and a fine of 1 million won shall be imposed if the fine specified in item 1.3 or item 3 is reduced to less than 1 million won.

2 Standards for the collection of fines for specific business premises
In accordance with article 56, paragraph 1, of the Act concerning the conduct of the business premises where the disaster or accident referred to in any of the following items has occurred, the violation discovered in the course of investigating the cause of the disaster or accident or supervising it shall be subject to a fine in the amount of the offence referred to in paragraph 3 or above of the individual criteria in article 4.

2.1 serious disasters

Serious industrial accidents following paragraph 1 of Article 44 of the 2.2 Act

3 Standards for reducing fines according to the scale of business premises or construction works
For business premises of any of the following sizes (construction costs in construction works), the amount calculated by multiplying the penalty in Article 4 by the rate specified in the relevant item shall be the final penalty amount.

A. 50 or more (1 billion won) to 100 (4 billion won) regular workers: 0.9

B. 10 or more (0.3 billion won) to 50 (1 billion won) regular workers: 0.8

C. regular workers with less than 10 (0.3 billion won): 0.7

Special reminder: Chinese enterprises need to find an agent when South Korea MSDS regulations, and the legal responsibility is borne by the agent, but Chinese enterprises also have joint and several liability, and the agent and Chinese enterprises will also stipulate relevant liability issues when signing the agreement. For our export enterprises, it is necessary to understand the punishment clauses of the above South Korea MSDS regulations.

If you want to know more, welcome to contact us!

OUR SERVICES

Existing chemical substance registration/pre-registration
Registration of new chemical substances
PEC priority controlled substances are registered separately
Declaration of Chemicals Containing Key Management Substances
Application for registration exemption
Supply chain information communication
K-BPR South Korea Life Chemicals and Biocides Declaration
OR Agent Service
New Anrun Chemical Regulations Advisory Services:
Declaration of new domestic chemical substances
Compliance services in countries where epidemic prevention materials are exported
Laboratory Testing Services
Registration of hazardous chemicals and business license for hazardous chemicals
SDS/GHS Labeling
EU REACH, Taiwan REACH, South Korea K-REACH Registration
Food contact material declaration
Pharmaceutical, cosmetics regulatory consultation
Environmental regulations consulting services
Park environmental housekeeper, solid waste and hazardous waste comprehensive solution design, etc.