A dangerous company where you keep getting hurt: you can apply for a workplace change — when it is accepted and how to keep evidence

When does this apply?

1. An accident happened because the company broke the safety law (not counted)

This is in the notice of the 고용노동부 (Ministry of Employment and Labor) "Reasons for Workplace Change Not the Fault of the Foreign Worker," Article 4 Item 4. It applies when one of the following happened because the company broke the Occupational Safety and Health Act.

Case	Deadline to apply
A. A serious accident happened at the workplace	Before 4 months pass from the day of the serious accident
B. You got a physical or mental injury or illness that needs 3 months or more of treatment (medical care)	Before 4 months pass from the day you returned to the workplace
C. You got an injury or illness that needs less than 3 months of rest, and the company did not take safety and health measures by the time 1 month passed from the day you were hurt	Not stated in the notice. Check with the 고용센터

A serious accident is one of the following (Enforcement Rule of the Occupational Safety and Health Act, Article 3).

1. An accident where 1 or more people died
2. An accident where 2 or more people were hurt at the same time and each needs 3 months or more of treatment
3. An accident where 10 or more people were hurt or got a work-related illness at the same time

Even if you were not hurt, case "A" may apply if a coworker had a serious accident because of the company's violation.

Case "C" must be an injury or illness that makes you stop working for a time (time off). For example: you hurt your hand on a machine with no safety cover and had to take time off, and the cover was still not added 1 month after the day you were hurt. A small wound that does not need rest may not count.

2. Cases that do not exactly match the notice

If the company's story and your story are different, or if there is not enough evidence, the Foreign Workers' Rights Protection Council (외국인근로자 권익보호협의회) can accept your workplace change. The council can also accept it if something similar to a notice reason happened and, because of this, it is hard for you to keep working at that company (Notice Article 6). Explain your situation to the 고용센터 and ask if you can request a decision from the council.

3. Not a company violation, but you cannot do this job because of your body (counted)

You can apply if, because of an injury or similar, the work at your current workplace is not right for you, but you can do work at another workplace (Enforcement Decree of the Foreign Workers Employment Act, Article 30). This reason counts toward your number of changes (Foreign Workers Employment Act, Article 25 Paragraph 4). How to get a medical certificate is explained in When you want to change companies because you are sick.

Steps

1. If the danger is urgent, stop and get to a safe place. After you leave the danger, tell your manager right away, and also send a text message so there is a record (Article 52 Paragraph 2). If you had a reasonable reason to believe there was danger, the company cannot fire you or treat you unfairly (Article 52 Paragraph 4).
2. If you get hurt, go to the hospital and say "I got hurt at work." This must be written in your medical record. Ask the doctor to write in the medical certificate how long you need to rest.
3. Apply for industrial accident insurance (산재). You can apply to the 근로복지공단 (Korea Workers' Compensation and Welfare Service) without the company's confirmation. If the injury will heal within 3 days, industrial accident insurance does not pay treatment costs (medical care benefit). In that case, the company should pay the treatment costs as a rule (Labor Standards Act Article 78). For details, see How to apply for industrial accident insurance.
4. Ask the company to make it safe. Send the request by text message or KakaoTalk. Example: "On ○ month ○ day, I cut my hand on the ○○ machine. Please put a safety cover on it." It is important that the date is recorded.
5. After 1 month, take photos of the same place again. If nothing changed, this is evidence for reason "C."
6. Report to the 고용노동부. On the Labor Portal (labor.moel.go.kr), use Safe Workplace Report Center (안전일터 신고센터) → Report a dangerous situation (위험상황 신고하기). You can report work without safety measures, signs that an accident may happen, and hiding of industrial accidents. For other violations, use the Industrial Safety Complaint Form (산업안전진정신고서) under civil complaints (민원신청) on the Labor Portal.
7. Apply for a workplace change at the 고용센터. Submit your evidence with it. The 고용센터 decides on the reason, not the company. Talk with the 고용센터 first about when to apply.
8. Start work at the new company only after you get permission to change workplace (근무처 변경허가). The full process and deadlines are in Workplace change – reasons, process, number of changes.

What to prepare (evidence list)

• Medical records, medical certificate (진단서), hospital receipts
• Copy of your industrial accident application, approval notice
• Photos and videos that show the date: your injury, the machine, missing safety devices, protective equipment that was not given to you
• Accident notes: date, time, place, machine name, people who were nearby
• Coworkers' names, contact numbers, and a short written note of what they saw
• Screenshots of reports and requests you sent to the company by text message and KakaoTalk
• Screenshots of report receipts, and the results
• 외국인등록증 (Alien Registration Card), 근로계약서 (employment contract)

Do not keep evidence only on your phone. Also send it to your email.

Be careful

• Do not just leave the company. If you are absent for 5 days or more without proper procedure, or if no one can reach you, the company must report you to the 고용센터. This report can also be sent to the 출입국·외국인관서 (Immigration Office).
• Stopping work is not quitting. It is your right to stop dangerous work and get away from it. It does not mean you do not have to come to work.
• You cannot be punished for reporting. It is forbidden to fire or treat unfairly a worker who reported a violation of the Occupational Safety and Health Act (Article 157 Paragraph 3).
• Be careful of "공상 처리" (when the company handles your work injury privately instead of through industrial accident insurance). If an industrial accident needs 3 days or more of rest, the company must submit an Industrial Accident Investigation Form (산업재해조사표) to the labor office within 1 month. If the company does not make this report and makes you use national health insurance instead of industrial accident insurance for treatment, this may be hiding an industrial accident. In this case, you can report it.
• Do not sign a resignation letter (사직서). It may be recorded that you quit because you wanted to.
• Keep to the deadlines. You must apply for a change within 1 month from the day your employment contract ended, and get permission to change workplace within 3 months from the day you applied. If you cannot apply within the deadline because of a work injury, submit an application to extend the workplace change application period (사업장 변경 신청기간 연장신청서) to the 고용센터, with proof such as a medical certificate. In this case, the deadline is counted from the day that reason ends.
• Do not work at another company without permission. You may be deported, or face up to 1 year in prison or a fine of up to 10,000,000원.

Frequently asked questions

Q. I cut my hand many times, but I was not badly hurt. Can I still apply? A. If you were hurt enough to need time off work, and the company did not take safety measures even after 1 month passed from the day you were hurt, it can be reason "C." If you only have small wounds that do not need rest, it may not count. Still, keep hospital records and photos every time. If your case does not exactly match the notice, ask the 고용센터 if you can request a decision from the Rights Protection Council.

Q. I almost died, but I was not hurt. A. All three cases in Notice Article 4 Item 4 are cases where an accident or injury happened. If no one was hurt, it is hard to match this article directly. Instead, report the dangerous situation and collect records. If similar dangers keep happening and it is hard to keep working, ask the 고용센터 or 1577-0071 if you can request a decision from the Rights Protection Council.

Q. My boss says he will not stamp the papers. A. For notice reasons, the 고용센터 decides, not the company's agreement. If the company's story and your story are different, the Rights Protection Council can decide.

Q. If I move for a health reason, does it count toward my number of changes? A. Yes. It counts as 1 time. Only reasons that are not the worker's fault (notice reasons) are not counted. If you have evidence of a company violation, ask if you can apply with a notice reason first.

Q. I am afraid the company will find out about my report and harass me. A. Firing or unfair treatment because you made a report is forbidden by law. If you are treated unfairly, record that too and call 1350 for advice.

Where to get help

Organization	Phone / website	What they help with
Fire and ambulance / Police	119 / 112	Accidents, emergencies
고용노동부 Customer Counseling Center	1350 (paid call, weekdays 09:00~18:00)	Industrial safety reports, workplace change advice
고용노동부 Labor Portal	labor.moel.go.kr	Safe Workplace Report Center, Industrial Safety Complaint Form
근로복지공단	1588-0075	Industrial accident claims
Foreign Workforce Counseling Center (외국인력상담센터)	1577-0071 (365 days, 09:00~18:00, Nepali)	Workplace change, problems with the company
Immigration Contact Center (외국인종합안내센터)	1345 (paid call, weekdays 09:00~22:00, Nepali until 18:00)	Questions about your stay and daily life
고용센터	The 고용센터 that covers your company's area (call 1350 to find which one)	Workplace change applications

Safety rules and your rights to protective equipment are in Workplace safety: your rights and what to do after an accident.