A Study on the Protection and Prevention of Worker’s Mental Health – The Occupational Safety and Health Act in South Korea –

This study analyzes the provisions made under the Occupational Safety and Health Act (OSHA) that relate to the protection of workers’ mental health and provides recommendations for their improvement. In the context of significant industrial change, advances in digital technology, and the unexpected COVID-19 pandemic, factors that negatively affect mental health continue to diversify. South Korea’s current OSHA lacks solid provision for the protection of workers’ mental health, although there has been some progress towards protecting those whose work involves emotional labor. Nevertheless, further improvements are required to protect workers from the various workplace factors that may have a negative impact on their mental health; this study explores several areas of OSHA that need such improvement, and these include: (i) specifying the employment factors that may negatively affect mental health such as job stress; (ii) conducting risk assessments of these elements; (iii) clarifying the worker’s right to suspend work due to mental health problems; (iv) strengthening business owners’ responsibilities to implement such considerations; (v) overhauling mental health management systems for workers; and (vi) ensuring the substantiality of safety and health education. Poor mental health among workers is no longer a problem that can only be overcome by personal treatment, and amending existing legislation that prevents mental health problems should be prioritized. Although mental health problems may not always be actively and openly discussed, establishing official measures to protect mental health in the workplace by improving the relevant legal systems can guarantee the worker’s right to health and improve their working environment.