Korea CBI Application Explained: Updated Requirements, Documentation, and Review Process

Overview

On January 15, 2019, South Korea’s Ministry of Employment and Labor (MoEL) implemented comprehensive revisions to the Occupational Safety and Health Act (OSHA), introducing three major requirements for chemical management: the submission of Material Safety Data Sheets (MSDS), Confidential Business Information (CBI) applications, and the appointment of an Only Representative (OR) for overseas manufacturers. With the update to the CBI Review Procedure Guidelines on December 26, 2023, the Korean CBI system has undergone significant changes, increasing scrutiny and raising documentation standards. This article summarizes the latest policies and clarifies common questions companies face when applying for CBI.

Which Substances Are Eligible for CBI?

CBI applications can be submitted for hazardous chemical factors listed in the MSDS when companies wish to use alternative names or concentrations. Applications are submitted on a per-product basis to MoEL, in accordance with Article 112 of OSHA and Article 161 of its Enforcement Decree.

Substances Not Eligible for CBI

Chemicals that may pose significant health risks to workers are not eligible for CBI. Specifically, the following six categories are excluded (MoEL Announcement 2020-130, Article 16):

1. Substances prohibited under Article 117 of OSHA (Enforcement Decree Article 87);

2. Substances requiring permission under Article 118 of OSHA (Enforcement Decree Article 88);

3. Hazardous chemicals regulated under Article 420 of the Industrial Safety and Health Standards;

4. Hazardous factors subject to workplace environment monitoring (Enforcement Decree Annex 21);

5. Hazardous factors subject to special health examinations (Enforcement Decree Annex 22);

6. Prohibited, restricted, or toxic substances under the Chemical Substances Registration and Evaluation Act (Enforcement Rule Article 35(2)).

Timing and Process of CBI Submission

• Transition period: MSDS prepared or updated before January 16, 2021, under Article 41 of OSHA, had a 1–5 year transition period (ended January 16, 2024).

• New products: Products imported after January 16, 2021, have no transition period; CBI applications must be completed before import.

• Submission method: Applications are submitted online via Korea’s MSDS system (http://msds.kosha.or.kr), on a per-product basis.

Required Documentation for CBI Applications

According to Article 161 of the Enforcement Decree, the following must be submitted:

1. Evidence supporting the commercial confidentiality of the information, aligned with Korea’s Unfair Competition Prevention and Trade Secret Protection Act, including a self-assessment form from the Trade Secret Protection Center;

2. Alternative names and concentrations:

• Naming: Follow the Ministry of Environment’s naming guidance for protected information;

• Concentration ranges: For components ≥25%, ±20% range; for components<25%, ±10% range;

3. Confidential component details: name, concentration, physical hazards, health hazards, environmental hazards, and transport information (MoEL recommends including the confidential component’s own MSDS);

4. Full MSDS of the product (no alternative names or concentrations in Section 3);

5. Names and concentrations of non-hazardous components;

6. Any additional documents designated by the MoEL to support the use of alternative names and concentrations.

Note: R&D products are exempt from items 1 and 6.

Fees and Payment

Once an application passes the preliminary review, MoEL issues an official account for fee payment. The fee structure is:

Payment must be completed within 15 days (credit card or virtual account) after December 26, 2023, or the application will be automatically rejected.

Review Timeline and Outcomes

• Initial review occurs within 1 month of submission (special cases: +10 days; R&D products: 2 weeks).

• If additional information is required, applicants have 15 days to submit corrections. Review time is paused during this period.

• Outcomes:

1. Approved – CBI approval number and validity period granted.

2. Partially approved – Only approved confidential components may use the CBI number.

3. Rejected – Confidential information cannot be used; full disclosure of chemical names, concentrations, and CAS numbers is required.

Correction mechanism updates:

• Maximum of 4 correction cycles;

• Time limits: 1st correction ≤10 days; 2nd & 3rd as mutually agreed; 4th ≤10 days;

• Failure to respond on time leads to automatic rejection.

Communicating CBI Approval Downstream

Once approved, the CBI number and validity period can be listed in Section 3 of the MSDS using approved alternative names and concentrations.

Appeals Process

If an application is partially approved or rejected, an online appeal can be submitted within 14 days. Only one appeal per application is allowed, with a 20-day review cycle.

Validity Period

CBI approval is valid for 5 years from the approval date. Renewal can be requested at least 30 days before expiration; the new validity starts immediately after the original expiration. The original CBI approval number remains unchanged.

Common Challenges for Companies

1. Determining whether a substance is eligible for CBI;

2. Correctly naming confidential components;

3. Providing sufficient hazard data for confidential components;

4. Managing full-component disclosure through upstream communication.

Key Recommendations from REACH24H

With stricter requirements under the CBI review update, MoEL increasingly emphasizes data completeness and hazard information accuracy. Companies should:

• Identify products requiring CBI in advance and prepare documentation thoroughly;

• Monitor correction deadlines to avoid automatic rejection;

• Consult official guidelines or professional compliance service providers when in doubt.

For any questions regarding Korea’s CBI application process, REACH24H is available to provide up-to-date compliance support. Please feel free to contact us at customer@reach24h.com.