| Scope: |
This ESSENTIAL describes the safety requiremets of pressure equipment in South Korea, based on the following legislation:
- Occupational Health and Safety Act and its enforcement acts and regulations
- High-Pressure Gas Safety Control Act and its enforcement acts and regulations
- Energy Use Rationalization Act and its enforcement acts and regulations
and information from the state certification agencies:
- KOSHA (Korean Occupational Safety and Health)
- KGS (Korea Gas Safety)
- KEA (Korea Energy Agency)
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| Legislation in force: |
The Occupational Health and Safety Act (OSHA) describes safety measures and certification for dangerous machinery.
The OSHA and the related legislation are the legal basis for the KOSHA certification of pressure equipment.
Article 5 (Duties of Business Owners)
(2) When any of the following persons engages in the placement of an order, design, manufacturing, importation, or construction, he or she shall comply with the standards prescribed by this Act and any order issued pursuant to this Act, and take necessary measures to prevent industrial accidents that may be caused due to any article used for such placement of an order, design, manufacturing, importation, or construction:
1. Any person who designs, manufactures, or imports machinery, apparatus, and other equipment;
2. Any person who manufactures or imports raw materials, etc.;
3. Any person who places an order for, designs, or constructs any structure
Article 84 (Safety Certification)
(1) A person who manufactures or imports (including those who install or relocate machinery, etc. subject to safety certification prescribed by Ordinance of the Ministry of Employment and Labor or who makes any major structural alteration thereof; hereafter in this Article and Articles 85 through 87, the same shall apply) any hazardous or dangerous machinery, etc., prescribed by Presidential Decree as potentially causing risk to the safety and health of employees (hereinafter referred to as "machinery, etc. subject to safety certification") shall obtain safety certification granted by the Minister of Employment and Labor as to whether they meet the safety certification standards.
Article 85 (Safety Certification Marks)
Article 86 (Revocation of Safety Certification)
Article 87 (Prohibition on Manufacturing Machinery Subject to Safety Certification)
Article 88 (Safety Certification Institutions)
Chapter 6 - Measures for Hazardous and Dangerous Machines, etc.
Section 1 - Protective measures for harmful or dangerous machines, etc.
Section 2 - Safety Certification
Machines subject to safety certification, etc. as prescribed by the Ordinance of the Ministry of Employment and Labor” in Article 84 Paragraph 1 of the Act refers to the following machines and equipment.
1. Machines that require safety certification when installed or relocated
a) Crane
b) Lift
c) Gondola
2. Machinery and equipment that require safety certification when changing major structural parts.
a) Press
b) Shearing and bending machines
c) Crane
d) Lift
e) Pressure vessel
f) Roller
g) Injection molding machine
h) High-altitude work platform
i) Gondola
Article 74 (Machines, etc. Subject to Safety Certification) (1) “Those prescribed by Presidential Decree” in Article 84 (1) of the Act refer to any of the following items (Note: Article 84 describes the Product Safety certification)
1) machinery or equipment
- pressure vessel
- ...
2) A protective device falling under any of the following items
(c) Safety pressure valves on boilers;
(d) Safety pressure valves on pressure vessels;
(e) Rupture disks for releasing pressure from pressure vessel
- ...
Article 78 (Machines, etc. Subject to Safety Inspection)
...
5. Pressure vessel
The High-Pressure Gas Safety Control Act (and the related legislation) are the legal basis for the KGS certification.
Article 1 (Purpose):
This Act aims to prevent harm caused by high-pressure gas and ensure public safety by prescribing matters concerning the manufacture, storage, sale, transportation, and use of high-pressure gas, the manufacture and inspection of high-pressure gas containers, refrigerators, and specific equipment, and basic matters concerning gas safety
Article 3 (Definitions): The terms used in this Act shall have the following meanings:
1. “Storage facility” means a specific location where a certain amount of high-pressure gas, as determined by the Ministry of Trade, Industry and Energy, is stored in containers or storage tanks.
2. “Container” means a movable object (including accessories) for filling high-pressure gas.
2.2. “Vehicle-mounted tank” refers to a tank fixedly installed on a vehicle for the purpose of transporting and carrying high-pressure gas.
3. “Storage tank” means a device fixedly installed in a specific location for storing high-pressure gas.
4. “Refrigerator” means a device for freezing using high-pressure gas, and has a freezing capacity higher than that prescribed by the Ministry of Trade, Industry and Energy .
4.2. “Safety equipment” refers to safety devices such as gas detectors and valves and other parts installed and used in facilities for manufacturing, storing, selling, transporting or using high-pressure gas, as prescribed by the Ordinance of the Ministry of Trade , Industry and Energy (excluding specific equipment under No. 5).
5. “Specific facilities” refers to storage tanks and high-pressure gas-related facilities as prescribed by the Ministry of Trade, Industry and Energy .
6. “Precise safety inspection” refers to a process in which, in order to prevent large-scale gas accidents, an old and worn-out high-pressure gas production facility is shut down and a gas safety management specialist regularly uses cutting-edge equipment and technology to identify potential risk factors and their causes and suggest methods for eliminating them.
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| Comment on the comparability to EU legislation: |
Korean Pressure Equipment legislation is not comparable to the EU Pressure Equipment Directive (2014/68/EU)... |