Statutory Mandatory Training in the Workplace
- Date2025/03/28 17:05
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One of the frequently asked questions from many workplaces is about "mandatory workplace training." Since there are many types of training and each has slightly different requirements, it can be a bit confusing.
However, please note that failure to comply with mandatory training obligations can result in fines, so take this opportunity to review and make sure you’re in compliance.
However, please note that failure to comply with mandatory training obligations can result in fines, so take this opportunity to review and make sure you’re in compliance.
1. Prevention of Workplace Sexual Harassment Training
Legal Basis: Act on Gender Equality Employment and Support for Work-Family Reconciliation, Article 13
Obligated Entities: All business owners and employees in workplaces that employ workers
Frequency/Duration: At least once a year
Exceptions:
Obligated Entities: All business owners and employees in workplaces that employ workers
Frequency/Duration: At least once a year
Exceptions:
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Businesses consisting solely of cohabiting family members or those employing household workers are exempt.
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Businesses employing fewer than 10 workers, or businesses where all employers and employees are of the same gender, can post or distribute educational materials to fulfill this obligation.
Penalty for Non-compliance: Fine of up to KRW 5 million
This training must be conducted in every workplace that employs workers, and business owners are also required to participate.
It’s important to note that simply distributing educational materials or posting information may not be deemed sufficient unless it can be confirmed that the content has been effectively delivered. It is recommended to use a certified prevention training institution designated by the Minister of Employment and Labor.
It’s important to note that simply distributing educational materials or posting information may not be deemed sufficient unless it can be confirmed that the content has been effectively delivered. It is recommended to use a certified prevention training institution designated by the Minister of Employment and Labor.
For businesses with fewer than 10 workers, posting or distributing promotional materials can substitute for formal training.
2. Disability Awareness Training in the Workplace
Legal Basis: Act on Employment Promotion and Vocational Rehabilitation of Persons with Disabilities, Article 5-2
Obligated Entities: All business owners and employees in workplaces that employ workers
Frequency/Duration: At least once a year, minimum 1 hour
Obligated Entities: All business owners and employees in workplaces that employ workers
Frequency/Duration: At least once a year, minimum 1 hour
Exceptions:
Businesses with fewer than 50 employees, which are not subject to the mandatory employment of persons with disabilities, may distribute or post educational materials or send them via email as a substitute for training.
Businesses with fewer than 50 employees, which are not subject to the mandatory employment of persons with disabilities, may distribute or post educational materials or send them via email as a substitute for training.
Penalty for Non-compliance:
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KRW 1 million (1st violation)
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KRW 2 million (2nd violation)
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KRW 3 million (3rd or subsequent violations)
This training must be conducted at least once a year, including participation by the business owner. Since the fine increases with repeated violations, make sure to comply with this obligation.
3. Occupational Safety and Health Training
Legal Basis: Occupational Safety and Health Act, Article 29
Obligated Entities: Employees in businesses with five or more workers
(Note: Additional training obligations under Article 29, Paragraph 3 of the Act may also apply.)
Frequency/Duration: As specified in Annex 4 of the Occupational Safety and Health Act Enforcement Rules (the frequency and duration of training vary depending on the target audience).
Obligated Entities: Employees in businesses with five or more workers
(Note: Additional training obligations under Article 29, Paragraph 3 of the Act may also apply.)
Frequency/Duration: As specified in Annex 4 of the Occupational Safety and Health Act Enforcement Rules (the frequency and duration of training vary depending on the target audience).
Exceptions:
Some businesses listed in Annex 1 of the Occupational Safety and Health Act Enforcement Decree are exempt from mandatory safety and health training obligations (based on industry, number of employees, work type, etc.).
Some businesses listed in Annex 1 of the Occupational Safety and Health Act Enforcement Decree are exempt from mandatory safety and health training obligations (based on industry, number of employees, work type, etc.).
Penalty for Non-compliance: Fine of up to KRW 5 million
The requirements for this training vary based on the industry and number of employees, so it’s one of the most frequently asked topics.
The training frequency and duration should be determined based on the criteria established in the Korean Standard Industrial Classification. For more details, refer to Annex 4 of the Enforcement Rules.
The training frequency and duration should be determined based on the criteria established in the Korean Standard Industrial Classification. For more details, refer to Annex 4 of the Enforcement Rules.
Additionally, some businesses, such as software development, computer programming, information services, and financial/insurance businesses, are exempt from these training obligations under Annex 1 of the Enforcement Decree.
4. Retirement Pension Education
Legal Basis: Employee Retirement Benefit Security Act, Article 32, Paragraph 2
Obligated Entities: Participants in retirement pension plans established by the employer
Frequency/Duration: At least once a year, starting from the date the retirement pension plan is implemented
Exceptions: None
Penalty for Non-compliance:
Obligated Entities: Participants in retirement pension plans established by the employer
Frequency/Duration: At least once a year, starting from the date the retirement pension plan is implemented
Exceptions: None
Penalty for Non-compliance:
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KRW 200,000 (1st violation)
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KRW 500,000 (2nd violation)
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KRW 1 million (3rd or subsequent violations)
This training applies to participants in retirement pension plans, including Defined Benefit (DB) or Defined Contribution (DC) plans.
The training can be conducted internally or outsourced to retirement pension providers. Given the substantial fines for non-compliance, it’s advisable to pay close attention to this requirement.
The training can be conducted internally or outsourced to retirement pension providers. Given the substantial fines for non-compliance, it’s advisable to pay close attention to this requirement.
5. Personal Information Protection Training
Legal Basis: Personal Information Protection Act, Article 28
Obligated Entities: Personnel handling personal information
Frequency/Duration: 1–2 times per year (recommended)
Exceptions: None
Obligated Entities: Personnel handling personal information
Frequency/Duration: 1–2 times per year (recommended)
Exceptions: None
Penalty for Non-compliance: Up to KRW 5 billion in administrative fines in the event of a personal information breach
This training applies only to employees who handle personal information, not to all employees.
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