FRAMEWORK ACT ON CIVIL DEFENSE
Wholly Amended by Act No. 8420, May 11, 2007
Amended by Act No. 8852, Feb. 29, 2008
Act No. 8855, Feb. 29, 2008
Act No. 11042, Sep. 15, 2011
Act No. 11338, Feb. 22, 2012
Act No. 11690, Mar. 23, 2013
Act No. 11849, jun. 4, 2013
Act No. 12204, Jan. 7, 2014
Act No. 12844, Nov. 19, 2014
Act No. 13415, Jul. 20, 2015
Act No. 13915, Jan. 27, 2016
Act No. 14184, May 29, 2016
Act No. 14453, Dec. 20, 2016
Act No. 14805, Apr. 18, 2017
Act No. 14839, Jul. 26, 2017
The purpose of this Act is to stipulate fundamental matters pertaining to civil defense and the establishment, organization, formation and mobilization of Civil Defense Corps for protecting residents’ lives and property from wars, armed conflicts, emergencies similar thereto or national disasters. <Amended by Act No. 11338, Feb. 22, 2012>
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 11338, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
| 1. | The term "civil defense" means all self-defensive actions, such as air defense, emergency measures to prevent disasters, rescue, restoration, support with services necessary for military operations, etc. to be performed by residents under the guidance of the government for the protection of residents' lives and property from any of the following situations (hereinafter referred to as "civil defense emergency"): |
| (a) | Wars, armed conflicts, or emergencies similar thereto; |
| 2. | The term "head of a central government agency" means any head of a central administrative agency organized pursuant to the Constitution of the Republic of Korea or the Government Organization Act and other Acts: Provided, That the Secretary-General of the National Assembly Secretariat, the Minister of National Court Administration, the Secretary-General of the Constitutional Court, and the Secretary-General of the Central Election Commission shall be excluded. |
| Article 3 (Duties of State, Local Governments and Citizens) |
| (1) | The State and local governments shall formulate and implement plans to guarantee the safety of the State and communities against any civil defense emergencies and to protect citizens' lives and property, and respond promptly to civil defense emergencies and recover therefrom. <Amended by Act No. 11338, Feb. 22, 2012> |
| (2) | Every citizen shall cooperate with the civil defense measures of the State and local governments and fulfill in good faith his/her respective duties on civil defense provided for in this Act. |
| Article 4 (Financial Measures) |
| (1) | The State and local governments shall work out such financial measures necessary for the prevention of, prompt response to, and restoration from, a civil defense emergency. |
| (2) | The State may fully or partially subsidize the measures referred to in paragraph (1) or provide other financial support for local governments, as prescribed by the Presidential Decree. |
| Article 5 (Relationship with Other Acts) |
With respect to civil defense activities and operations, this Act shall prevail over other Acts: Provided, That the Acts promulgated for the purposes of military operations shall have preference over this Act.
| Article 6 (Central Civil Defense Consultative Council) |
| (1) | In order to deliberate on major national policies on civil defense activities and operations, the Central Civil Defense Consultative Council shall be established under the direct control and jurisdiction of the Prime Minister. |
| (2) | The establishment, organization, operations, and other matters pertaining to the Central Civil Defense Consultative Council shall be prescribed by Presidential Decree. |
| (3) | Where deemed necessary, sub-committees may be established under the Central Civil Defense Consultative Council. |
| Article 7 (Regional Civil Defense Consultative Councils) |
| (1) | In order to deliberate on matters necessary for civil defense, regional civil defense consultative councils shall be established; a Special Metropolitan City civil defense consultative council, Metropolitan City civil defense consultative council or Do civil defense consultative council (hereinafter referred to as "City/Do council") shall be established under the jurisdiction of the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor or the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor"); a Si civil defense consultative council, Gun civil defense consultative council or Gu civil defense consultative council (hereinafter referred to as "Si/Gun/Gu council") shall be established under the jurisdiction of the head of a Si/Gun/Gu; and an Eup civil defense consultative council, Myeon civil defense consultative council or Dong civil defense consultative council (hereinafter referred to as "Eup/Myeon/Dong council") shall be respectively established under the jurisdiction of the head of an Eup/Myeon/Dong. <Amended by Act No. 11338, Feb. 22, 2012> |
| (2) | The establishment, organization, operation, and other activities of the regional civil defense consultative councils shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| Article 8 (Overall Control and Executive Organization) |
| (1) | The Prime Minister, assisted by the Minister of the Interior and Safety, shall exercise overall control over and coordinate civil defense activities and operations. <Amended by Act No. 8855, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | The head of a central government agency shall perform his/her duties regarding civil defense activities and operations, as stipulated in the Government Organization Act. |
| (1) | In the event of a civil defense emergency, the head of each central government agency may request the mobilization of a civil defense unit from the Minister of the Interior and Safety, where deemed necessary: Provided, That where a pressing need arises, the head of a local administrative agency or the commander of a military unit responsible for the area may request the Mayor/Do Governor, or the head of a Si/Gun/Gu with jurisdiction over the area, to mobilize a civil defense unit. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | The Minister of the Interior and Safety, where deemed necessary, may request the head of a competent central government agency to cooperate in the execution of civil defense activities and operations, and the head of the competent central government agency shall comply with such request except under special circumstances. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | The Minister of the Interior and Safety may request the cooperation of the heads of public organizations, social organizations, or private enterprises (hereinafter referred to as "public organizations, etc.") where deemed necessary for the execution of civil defense activities and operations, and the heads of public organizations shall comply therewith except under special circumstances. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (4) | The Mayor/Do Governor or the head of a Si/Gun/Gu may request cooperation of the head of a local administrative agency or public organization where deemed necessary for the execution of civil defense activities and operations, and the head of a district administrative agency or public organization shall comply therewith except under special circumstances. The same shall also apply where such requests are made by the head of a local administrative agency or public organization to a Mayor/Do Governor or the head of a Si/Gun/Gu. |
| Article 10 (Types of Civil Defense Plans) |
Civil defense plans shall be divided into a basic plan, an action plan, plans prepared by the Special Metropolitan City, Metropolitan Cities, and Dos (hereinafter referred to as "City/Do plan"), and a Si/Gun/Gu plan.
| (1) | The Prime Minister shall establish guidelines for a basic plan and shall inform them to the head of a central government agency, as prescribed by Presidential Decree. |
| (2) | The heads of the related central government agencies shall draw up draft basic plans for civil defense affairs for which they are responsible based on the guidelines for a basic plan referred to in paragraph (1), and submit them to the Prime Minister after consultation with the Minister of the Interior and Safety. <Amended by Act No. 8855, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | The Prime Minister shall sum up the draft basic plans submitted by the heads of the central government agencies under paragraph (2), prepare a unified basic plan after undergoing deliberation by the Central Civil Defense Consultative Council, and finalize it upon obtaining approval from the President after deliberation at the State Council. |
| (4) | The Prime Minister shall inform the heads of the relevant central government agencies of the finalized basic plan. |
| Article 12 (Action Plans) |
| (1) | The head of a central government agency shall establish an action plan for the civil defense affairs under his/her jurisdiction, based on the basic plan notified by the Prime Minister under Article 11 (4), and finalize it upon obtaining approval from the Prime Minister after consultation with the Minister of the Interior and Safety. <Amended by Act No. 8855, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14453, Dec. 20, 2016; Act No. 14839, Jul. 26, 2017> |
| (2) | The head of a central government agency shall notify a finalized action plan to the Mayors/Do Governors, the heads of local administrative agencies, the heads of public organizations, the heads of social organizations or managers of important facilities specified in the civil defense plans under Article 10 (hereinafter referred to as "head of a designated administrative agency") prescribed by Presidential Decree. <Amended by Act No. 11338, Feb. 22, 2012> |
| (3) | The head of the designated administrative agency shall prepare a detailed action plan in line with the executive plan notified under paragraph (2) and finalize it upon obtaining approval from the head of the relevant central government agency after consultation with the relevant Mayor/Do Governor. <Amended by Act No. 14453, Dec. 20, 2016> |
| Article 13 (City/Do Plans) |
| (1) | A Mayor/Do Governor shall prepare a City/Do plan for the civil defense affairs under his/her jurisdiction based on the action plan notified by the Prime Minister under Article 12 (2), finalize the City/Do plan after deliberation by the City/Do council, and report it to the Minister of the Interior and Safety. <Amended by Act No. 8855, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14453, Dec. 20, 2016; Act No. 14839, Jul. 26, 2017> |
| (2) | The Mayor/Do Governor shall inform the head of a Si/Gun/Gu of the finalized City/Do plan. |
| Article 14 (Si/Gun/Gu Plans) |
The head of a Si/Gun/Gu shall prepare a Si/Gun/Gu plan on civil defense affairs under his/her jurisdiction based on the City/Do plan notified under Article 13 (2), finalize the Si/Gun/Gu plan after deliberation by the Si/Gun/Gu council, and report the same to the Mayor/Do Governor. <Amended by Act No. 14453, Dec. 20, 2016>
| Article 15 (Preparations for Civil Defense) |
| (1) | The heads of central government agencies, Mayors/Do Governors, and the heads of Sis/Guns/Gus shall make the following preparations for civil defense in accordance with the civil defense plans under Article 10: |
| 1. | Installing emergency shelters, such as dugouts; |
| 2. | Stocking and maintaining fire-fighting and air-defense equipment; |
| 3. | Stockpiling materials, and installing and maintaining facilities and equipment, as prescribed by Presidential Decree. |
| (2) | The heads of central government agencies, Mayors/Do Governors, and the heads of Sis/Guns/Gus may order the owners, occupants, and managers of the following buildings or facilities, other than detached houses used for residence, to make preparations for civil defense under paragraph (1): <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| 3. | Other buildings or structures prescribed by Ordinance of the Ministry of the Interior and Safety in order to stock and maintain civil defense equipment. |
| (3) | The heads of central government agencies, Mayors/Do Governors, and the heads of Sis/Guns/Gus shall take necessary measures so that residents can know the locations of, and methods for utilizing, the facilities, equipment, or materials referred to in paragraphs (1) and (2). The heads of Sis/Guns/Gus installing the facilities referred to in paragraph (1) 1 shall install or attach guiding signs and leading signs, as prescribed by Presidential Decree. <Amended by Act No. 13415, Jul. 20, 2015> |
[This Article Wholly Amended by Act No. 11338, Feb. 22, 2012]
| Article 15-2 (Examinations, etc.) |
| (1) | The heads of Sis/Guns/Gus shall periodically examine the facilities, equipment, or materials referred to in Article 15 (1) and (2) and report thereon to Mayors/Do Governors, and the Mayors/Do Governors shall compile and report such to the Minister of the Interior and Safety. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | The Minister of the Interior and Safety may fully or partially subsidize the maintenance, replacement, etc. of facilities, equipment, etc. deemed to require maintenance or replacement upon examination conducted under paragraph (1), as prescribed by Presidential Decree. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | The Minister of the Interior and Safety shall determine the frequency of and methods for examinations and the procedures for reporting as referred to in paragraph (1) and notify the Mayors/Do Governors and the heads of Sis/Guns/Gus thereof. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Newly Inserted by Act No. 11338, Feb. 22, 2012]
| Article 16 (Entry, Confirmation, etc.) |
| (1) | The head of a Si/Gun/Gu may require interested persons to submit data or require public officials under his/her control to enter relevant areas for confirmation or to ask questions to the interested persons, where deemed necessary for the confirmation of civil defense preparations under Article 15 (2). <Amended by Act No. 11338, Feb. 22, 2012> |
| (2) | An official who conducts the duties under paragraph (1) shall carry an identification indicating his/her authority and present it to the interested persons. |
| Article 17 (Establishment) |
In order to conduct civil defense activities and operations, a civil defense unit shall be established for each region and workplace.
| Article 18 (Organization) |
| (1) | A civil defense unit shall be composed of Korean male citizens from January 1 of the year in which they turn 20 years old until December 31 of the year in which they turn 40 years old: Provided, That any of the following persons shall be excluded herefrom: <Amended by Act No. 11338, Feb. 22, 2012; Act No.11849, Jun. 4, 2013; Act No. 14184, May 29, 2016> |
| 1. | through 3. Deleted; <by Act No. 14453, Dec. 20, 2016> |
| 5. | Fire-fighting officers; |
| 6. | Correctional officers; |
| 7. | Public officials on juvenile protection posts; |
| 9. | Civilian military employees; |
| 10. | Members of the Reserve Forces; |
| 12. | Registered security guards; |
| 13. | Members of volunteer fire-fighting brigade; |
| 14. | Employees of foreign armed forces in Korea; |
| 15. | Crew members of ocean-going fishing or cargo vessels, who are on board for at least six months per year; |
| 17. | Persons subject to mandatory military service (including persons subject to social service instead of military service); |
| 18. | Other persons prescribed by Presidential Decree from among the following: |
| (b) | Trainees of public vocational capability development training; |
| (c) | Mentally and physically disabled persons; |
| (d) | Chronically weak persons. |
| (2) | Males and females, other than those stipulated in paragraph (1), may become volunteer members of civil defense units. <Amended by Act No. 11338, Feb. 22, 2012> |
| (3) | Notwithstanding the main sentence of paragraph (1), if a situation falling under subparagraph 1 (a) of Article 2 occurs, the Prime Minister may require civil defense units to be composed of Korean male citizens from January 1 of the year in which they turn 20 years old until December 31 of the year in which they turn 50 years old, after deliberation by the Central Civil Defense Consultative Council. <Amended by Act No. 11338, Feb. 22, 2012> |
| (1) | A civil defense unit shall be formed into a local civil defense unit consisting of the residents in an area and a workplace civil defense unit manned with the employees of a workplace: Provided, That a small unit prescribed by the Presidential Decree may be integrated with other units. |
| (2) | A local civil defense unit referred to in paragraph (1) shall be divided into a Tong/Ri civil defense unit in a Tong/Ri area and a Si/Gun/Gu civil defense technical support unit in a Si/Gun/Gu area (hereinafter referred to as "civil defense technical support unit"). |
| (3) | A Tong/Ri civil defense unit shall be manned with members of a civil defense unit residing in the relevant Tong and Ri, as stipulated in Article 18, and a civil defense technical support unit shall be manned with specialists selected by the head of a Si/Gun/Gu from among such skilled personnel as flood-disaster fighting specialists, air-defense specialists, medical specialists, electricians, communication-technicians, civil and construction engineers, and CBR (chemical, biological and radiological) specialists upon recommendation by the head of an Eup/Myeon/Dong and the commander of the workplace civil defense unit. |
| (4) | The following establishments shall organize a workplace civil defense unit: |
| 1. | National and local government agencies prescribed by the Presidential Decree; |
| 2. | Public institutions and enterprises prescribed by the Presidential Decree. |
| (5) | A person shall not serve as a member of the Tong/Ri civil defense unit, civil defense technical support unit, or workplace civil defense unit at the same time. |
| (6) | The head of a Tong/Ri shall become the commander of the civil defense unit for the Tong/Ri, and the head of a Si/Gun/Gu shall serve as the commander of a civil defense technical support unit: Provided, That where the commander of a Tong/Ri civil defense unit is judged to be unable to exercise control over a civil defense emergency due to the advanced age of 65 years or more, physical or mental weakness, etc., a person appointed by the head of an Eup/Myeon/Dong may serve as the commander of the Tong/Ri civil defense unit. <Amended by Act No. 12204, Jan. 7, 2014> |
| (7) | The head of a workplace shall become the commander of the workplace civil defense unit: Provided, That the head of a workplace may designate the head of a department having overall authority over civil defense duties within the workplace as the commander of the workplace civil defense unit. <Newly Inserted by Act No. 12204, Jan. 7, 2014> |
| (8) | In a case falling under paragraphs (6) and (7), the head of a Tong/Ri and the head of a Si/Gun/Gu, the head of a workplace, or the person appointed by the head of a workplace may become the commander of the respective civil defense unit automatically, even if he/she is a member of the reserve force notwithstanding the proviso to the part other than the subparagraphs of Article 18 (1). In such cases, the commander of a civil defense unit, who is also a member of the reserve force, shall be exempt from the obligations of mobilization and training pursuant to Articles 5 and 6 of the Reserve Forces Act. <Amended by Act No. 12204, Jan. 7, 2014; Act No. 14184, May 29, 2016> |
| (9) | Where deemed necessary for at least two civil defense units to join forces for civil defense, the head of an Eup/Myeon/Dong and the head of a Si/Gun/Gu may organize a combined civil defense unit and operate it as prescribed by the Presidential Decree. In such cases, the person designated by Presidential Decree, from among the commanders of the individual civil defense units, shall become the commander of the combined civil defense unit. |
| (10) | A civil defense unit may have advisory members. |
| (11) | Matters necessary for the organization of civil defense units other than the matters prescribed by this Act shall be determined by Presidential Decree. |
| Article 20 (Formation Procedures, etc.) |
| (1) | The head of an Eup/Myeon/Dong or the commander of a workplace civil defense unit shall, ex officio, organize a civil defense unit for persons falling under Article 18 (1) based on resident registration cards or other documents which verify that they are subject to be organized into a civil defense unit, as prescribed by Presidential Decree: Provided, That those for whom a reason exempting them from a civil defense unit arises and those for whom the reason has ceased to exist shall report such fact to the head of an Eup/Myeon/Dong governing their residences or the commander of the workplace civil defense unit. |
| (2) | Where any one of his/her civil defense members retires from work or any person is newly incorporated into the workplace defense unit, the commander of the workplace defense unit shall report the fact to the head of an Eup/Myeon/Dong. |
| (3) | The head of an Eup/Myeon/Dong shall notify the results of the formation of a civil defense unit under paragraph (1) and the matters reported under paragraph (2) to the commander of a Tong/Ri civil defense unit. |
| (4) | Where the commander of the workplace civil defense unit organizes, dissolves, relocates his/her unit, or changes the title thereof, he/she shall report thereon to the head of a competent Si/Gun/Gu without delay, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (5) | The head of a workplace which has employed those who are exempt from the civil defense obligation under the proviso to Article 18 (1) shall report the acquisition or loss of their status to the head of a competent Eup/Myeon/Dong having jurisdiction over the legal residence of the relevant persons, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (6) | Upon selection of the members of a civil defense technical support unit pursuant to the Article 19 (3), the head of a Si/Gun/Gu shall notify, without delay, the fact to the head of a competent Eup/Myeon/Dong and the commander of the workplace civil defense unit. |
| (7) | The head of an Eup/Myeon/Dong or the commander of a workplace civil defense unit shall organize a civil defense unit every year and then shall notify his/her civil defense unit members of the fact that they are organized into the civil defense unit, the group they belong to, and their missions. |
| Article 21 (Command and Supervision of Civil Defense Units) |
| (1) | A civil defense unit shall be commanded by the commander of the competent civil defense unit. |
| (2) | The head of an Eup/Myeon/Dong shall command and supervise the commanders of Tong/Ri civil defense units under his/her jurisdiction, and the head of a Si/Gun/Gu shall command and supervise the commanders of the workplace civil defense units under his/her jurisdiction, respectively: Provided, That where a combined civil defense unit is formed under Article 19 (9) and where a civil defense emergency occurs or is likely to occur, the commander of the combined civil defense unit shall lead those civil defense unit commanders under his/her jurisdiction as ordered by the head of an Eup/Myeon/Dong or the head of a Si/Gun/Gu. <Amended by Act No. 12204, Jan. 7, 2014> |
| (3) | In operating the civil defense units, the head of a Si/Gun/Gu shall command and supervise the heads of Eups/Myeons/Dongs, the Mayors/Do Governors shall command and supervise the heads of Sis/Guns/Gus, and the Minister of the Interior and Safety shall command and supervise Mayors/Do Governors, respectively. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
The Minister of the Interior and Safety, Mayor/Do Governor or the head of a Si/Gun/Gu may perform an inspection on the current status of the formation of civil defense units, of education and training, and of facilities and equipment, etc. for the improvement and development of the operations of civil defense units, as prescribed by the Presidential Decree. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
| Article 23 (Education and Training for Civil Defense Unit Members) |
| (1) | The members of civil defense units, as prescribed by the Presidential Decree, shall complete necessary education and training on civil defense activities and operations for up to 50 hours during a period of ten days per annum. In such cases, the education and training period for cadre members, technicians, and skilled manpower (hereinafter referred to as "cadre members of civil defense units") may be extended and the education and training for them may be conducted at other education and training sites where deemed necessary. |
| (2) | Any person ordered to undergo education and training shall comply with such order, and any member of a civil defense unit called up for education and training shall, during the education and training period, obey all orders regarding education and training from the commander of the civil defense unit and the training officer. |
| (3) | Any of the following persons may be exempt from education and training as prescribed by Presidential Decree, even though he/she is subject to education and training referred to in paragraph (1): <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| 1. | Anyone who is under the execution of imprisonment without labor or a heavier punishment declared by a court; |
| 2. | Anyone who is traveling or sojourning in a foreign country for at least three months; |
| 3. | If a disaster occurs or is likely to occur, anyone involved in the prevention of such disaster, emergency countermeasure, or recovery, as designated by the Minister of the Interior and Safety; |
| 4. | Anyone having a special function of medical treatment, electricity, communications, or other functions related to civil defense, as designated by the Minister of the Interior and Safety: Provided, That he/she shall be exempt only from education and training for such special function; |
| 5. | Anyone for whom education and training under paragraph (4) are deferred and the reasons for such deferment remain until the lapse of the relevant education and training period. |
| (4) | Article 26 (3) shall apply mutatis mutandis to the education and training referred to in paragraph (1). |
| (5) | The Minister of the Interior and Safety and a Mayor/Do Governor may separately establish a education and training organization necessary for the conduct of education and training for cadre members of the civil defense units. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (6) | The education and training as referred to in paragraph (1) shall not be conducted during election periods for the President, members of the National Assembly, local council members, and the heads of local governments. |
| Article 23-2 (Safety Education against National Disasters) |
| (1) | The Minister of the Interior and Safety shall provide education on the prevention of, preparation for, and countermeasures against disasters (hereafter referred to as “safety education against national disasters” in this Article), as prescribed by Ordinance of the Ministry of the Interior and Safety, when providing members of a civil defense unit with education and training pursuant to Article 23 (1). <Amended by Act No. 14839, Jul. 26, 2017> |
| (2) | When a resident who is not a member of a civil defense unit intends to receive safety education against national disasters, the Minister of the Interior and Safety may provide such education, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 14839, Jul. 26, 2017> |
[This Article Newly Inserted by Act No. 13415, Jul. 20, 2015]
| Article 24 (Delivery, etc. of Notice of Education and Training) |
| (2) | In delivering a notice of education and training directly to a member of a civil defense unit pursuant to paragraph (1), where the member of the civil defense unit is absent, such notice of education and training shall be delivered to the head of the household, to an adult from among the family members, or to a person designated by the member of the civil defense unit to receive the notice of education and training (when delivering the notice to the person so designated, consent to the receipt thereof shall be obtained from the person before delivery) in case of a local civil defense unit; and in case of a workplace civil defense unit, a notice of education and training shall be delivered to the head of the workplace. In such cases, the person who has received a notice of education and training on behalf of a member of the civil defense unit shall immediately deliver it to the member. |
| (3) | Methods for delivering a notice of education and training, procedures for obtaining consent under paragraphs (1) and (2), and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 14805, Apr. 18, 2017]
| Article 25 (Civil Defense Training) |
| (1) | The Minister of the Interior and Safety may designate the 15th day of each month as a civil defense day and conduct civil defense training for citizens to acquire the ability to cope with civil defense emergencies, and may coordinate training schedules or determine whether to conduct training, or conduct additional training, if deemed necessary. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | Residents shall participate in the civil defense training referred to in paragraph (1), and the heads of central government agencies, Mayors/Do Governors, and the heads of Sis/Guns/Gus may grant subsidies to public organizations, etc. participating in the training where deemed necessary. |
[This Article Wholly Amended by Act No. 11338, Feb. 22, 2012]
| Article 26 (Mobilization) |
| (1) | Where a civil defense emergency occurs or is likely to occur and where such mobilization is deemed necessary for civil defense, the Minister of the Interior and Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu may order mobilization of a civil defense unit as prescribed by the Presidential Decree. In such cases, the Mayor/Do Governor, or the head of a Si/Gun/Gu shall report the fact to the Minister of the Interior and Safety without delay. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | The head of an Eup/Myeon/Dong may order mobilization of a civil defense unit as prescribed by the Presidential Decree in cases specified in Article 32 (1). In such cases, the authorities issuing such order shall report the fact to the head of a Si/Gun/Gu without delay. |
| (3) | In cases falling under paragraphs (1) and (2), the authorities issuing a mobilization order may postpone the mobilization, either ex officio or upon application, if a person falls under any of the following cases: |
| 1. | If a person is physically handicapped; |
| 2. | The ceremony of coming-of-age, marriage, funeral, or ancestor worship, disasters, or other unavoidable reasons. |
| (4) | The members of a civil defense unit mobilized pursuant to the paragraphs (1) and (2) shall obey all lawful orders of the commander of the civil defense unit in connection with the performance of civil defense activities and operations. |
| (5) | When the members of a civil defense unit are mobilized pursuant to paragraphs (1) and (2) and the cause of such mobilization ceases to exist, the authorities issuing a mobilization order shall lift the order without delay. |
| Article 27 (Guarantee of Employment) |
Where an employee is mobilized as a member of a civil defense unit or called up for civil defense education and training, his/her employer shall neither regard this period as a period of absence from work nor render any disadvantages to the employee on these accounts.
| Article 28 (Compensation for Accidents, etc.) |
| (1) | Where any person is wounded or killed (including where he/she is killed as a result of injury) while carrying out his/her duty and mission after being mobilized as a member of a civil defense unit or while undergoing education and training upon receipt of a written notification therefor, disaster compensation shall be paid, and where he/she cannot engage in his/her work due to medical care under Article 29, a compensation for suspension of work shall be paid during the period: Provided, That a person who is paid any compensation of the same kind at the cost of the State or a local government pursuant to other statutes shall not be paid the amount equivalent to such compensation. |
| (2) | The compensation referred to in paragraph (1) shall be borne by the State or a local government. |
| (3) | The amount of the compensation and matters necessary for the payment thereof, etc. under paragraphs (1) and (2) shall be prescribed by the Presidential Decree. |
| Article 29 (Compensation and Medical Care) |
| Article 30 (Indemnification, etc. for Actual Expenses) |
| (1) | The members of a civil defense unit receiving education and training at other civil defense education and training sites shall be provided with meals or be reimbursed for other actual expenses, under the latter part of Article 23 (1), as prescribed by Presidential Decree. |
| (2) | The members of a civil defense unit mobilized pursuant to Article 26 (1) or (2) may be provided with meals or be reimbursed for other actual expenses, as prescribed by Presidential Decree. The same shall also apply where the members of a civil defense unit, though not mobilized, participate in settling a civil defense emergency and carry out their assigned duties in accordance with the procedures and methods prescribed by Presidential Decree. |
| (3) | Where the members of civil defense units mobilized pursuant to Article 26 (1) or (2) use machinery, such as heavy equipment and implements, for such mobilization, the fees for the use thereof may be paid, as prescribed by Presidential Decree. <Newly Inserted by Act No. 11338, Feb. 22, 2012> |
| Article 31 (Prohibition of Political Activities, etc.) |
| (1) | The commander of a civil defense unit shall not take advantage of his/her position and shall neither require the members of his/her unit to carry out any duties and missions other than those specified in this Act nor shall he/she prevent the members of his/her unit from exercising their rights. |
| (2) | The civil defense unit as an organized body shall not be involved in any political activities. |
| Article 32 (Emergency Response and Compensation) |
| (1) | As prescribed by Presidential Decree, the Minister of the Interior and Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu may take any of the following actions in order to cope with any urgent situation which requires emergency response for civil defense within necessary limits, where a civil defense emergency occurs or is highly likely to occur: Provided, That if there is not sufficient time to order emergency measures, he/she may take necessary measures by himself/herself, and if the orders of emergency measures are not observed, they may be executed by proxy pursuant to Article 3 (3) of the Administrative Vicarious Execution Act: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| 1. | Issuance of an order of evacuation of residents, restriction or prohibition on the passage of people and animals through main roads, movement of people and cargoes by train, tractor, vehicles, and other means of transportation as well as the restriction and prohibition on sound and light; |
| 2. | Issuance of an order to an owner, manager, and entrepreneur, for improvement, relocation, decentralization, dispersal, or conversion of those installations and objects which impede civil defense activities and operations; |
| 3. | Issuance of an order of prohibition and restriction on business or other activities which are impedimental to civil defense, or issuance of an order of continuation or resumption of business or other activities which are essential to civil defense; |
| 4. | Issuance of an order of temporary use of plots of land, buildings, structures, facilities, equipment, and other goods of a third party, or issuing an order of, or taking an action of, alteration and removal of objects which are impedimental to the performance of the duties and missions of a civil defense unit. |
| (2) | Any person who sustains losses and damage to his/her property as a consequence of the measures in paragraph (1) 2 through 4 may claim compensation against the administrative agency which issued such disposition. |
| (3) | In compensating for the losses referred to in paragraph (2), the head of the administrative agency which has imposed such disposition shall consult the person who has sustained the losses. |
| (5) | Such matters as the methods for, procedures of emergency measures and compensation, etc. for resulting losses under paragraphs (1) through (3) shall be prescribed by Presidential Decree. |
| Article 32-2 (Settlement and Recovery) |
In the event of a civil defense emergency, the Minister of the Interior and Safety, Mayors/Do Governors or the heads of Sis/Guns/Gus shall take the following measures, as prescribed by Presidential Decree: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
| 2. | Fire-fighting, flood control, and other emergency measures; |
| 3. | Emergency recovery of damaged facilities, and prevention of epidemics and crimes; |
| 4. | Supply of temporary residential facilities and daily necessities, and other relief measures; |
| 5. | Other matters deliberated on and determined by the Central Civil Defense Consultative Council and regional civil defense consultative councils with regard to settlement and recovery. |
[This Article Newly Inserted by Act No. 11338, Feb. 22, 2012]
| Article 33 (Civil Defense Warnings) |
| (1) | Where a civil defense emergency occurs or is likely to occur, or a civil defense training is conducted, the Minister of the Interior and Safety, Mayors/Do Governors, the heads of Sis/Guns/Gus, the heads of Eups/Myeons/Dongs in border areas referred to in the Special Act on Support for Border Area, or those prescribed by Presidential Decree may issue a warning, as prescribed by Presidential Decree. <Amended by Act No. 11338, Feb. 22, 2012; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | The Minister of the Interior and Safety and Mayors/Do Governors shall establish and operate civil defense warning control stations for the expeditious issuance and spread of warnings. <Newly Inserted by Act No. 11338, Feb. 22, 2012; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (4) | The subjects of a civil defense warning under paragraph (3), from among the transportation facilities, superstores, and movie theaters, and other necessary matters shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 13915, Jan. 27, 2016> |
| Article 34 (Delegation of Authority) |
The head of a central government agency may delegate part of his/her authority as defined in this Act to a Mayor/Do Governor and the head of a local administrative agency under his/her control as prescribed by Presidential Decree. The Mayor/Do Governor and head of the local administrative agency may re-delegate their entrusted authority to the head of a Si/Gun/Gu, and the head of a local administrative agency under their respective jurisdictions: Provided, That where the Mayor/Do Governor and head of a local administrative agency may re-delegate their entrusted authority, they shall report such fact to the head of the respective central government agency without delay.
| Article 35 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than two years, or by a fine not exceeding 20 million won, or by misdemeanor imprisonment: <Amended by Act No. 13415, Jul. 20, 2015>
| 1. | Any person who requires his/her members to perform operations other than the prescribed duties or hinders his/her members from exercising their rights in violation of Article 31 (1); |
| 2. | Any person who engages in political activities in violation of Article 31 (2). |
| Article 36 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than one year, or by a fine not exceeding ten million won, or by misdemeanor imprisonment: <Amended by Act No. 11338, Feb. 22, 2012; Act No. 13415, Jul. 20, 2015>
| 1. | Any person who fails to comply with a mobilization order issued under Article 26 (1) and (2) without any justifiable ground, where a situation falling under subparagraph 1 (a) of Article 2 occurs or is likely to occur; |
| 2. | Any person who fails to comply with an order issued under Article 26 (4), without any justifiable ground, where a situation falling under subparagraph 1 (a) of Article 2 occurs or is likely to occur; |
| 3. | Any person who renders disadvantages, in violation of Article 27. |
| Article 37 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than six months, or by a fine not exceeding 500,000 won, or by misdemeanor imprisonment: <Amended by Act No. 11338, Feb. 22, 2012>
| 1. | Any person who fails to comply with an order to prepare for civil defense issued under Article 15 (2) without any justifiable ground; |
| 2. | Any person who fails to report as prescribed in Article 20 without any justifiable ground, where a situation falling under subparagraph 1 (a) of Article 2 occurs or is likely to occur; |
| 3. | Any person who fails to comply with or interferes with an order or measure referred to in any subparagraph of Article 32 (1) without any justifiable ground. |
| Article 38 (Penalty Provisions) |
Where a situation falling under subparagraph 1 (a) of Article 2 occurs or is likely to occur, any person who violates Article 23 (2) or the latter part of Article 24 (2) without any justifiable ground shall be punished by a fine not exceeding 300,000 won or misdemeanor imprisonment. <Amended by Act No. 11338, Feb. 22, 2012; Act No. 14805, Apr. 18, 2017>
| Article 39 (Administrative Fines) |
| (1) | Any of the following persons shall be punished by an administrative fine not exceeding 300,000 won: Provided, That this shall not apply to cases falling under subparagraph 1 or 2 of Article 36, subparagraph 2 of Article 37, or Article 38: <Amended by Act No. 13415, Jul. 20, 2015; Act No. 14805, Apr. 18, 2017> |
| 1. | Any person who violates or removes guiding signs or leading signs referred to in the latter part of Article 15 (3), without good cause; |
| 2. | Any person who fails to report under the proviso to Article 20 (1), Article 20 (2), (4), or (5) without justifiable grounds (excluding those whose grounds for exclusion from the organization of civil defense unit pursuant to the proviso to Article 20 (1) have arisen); |
| 3. | Any person who violates Article 23 (2) or the latter part of Article 24 (2) without justifiable grounds; |
| 4. | Any person who fails to comply with a mobilization order issued under Article 26 (1) and (2), and who fails to comply with an order issued under Article 26 (4) without justifiable grounds. |
| (2) | An administrative fine referred to in paragraph (1) shall be imposed and collected by the head of a Si/Gun/Gu, as prescribed by Presidential Decree. |
| (3) | through (5) Deleted. <by Act No. 11338, Feb. 22, 2012> |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 5 (2) of the Addenda shall enter into force on July 27, 2007.
Article 2 (Transitional Measures concerning Central Civil Defense Consultative Council, etc.)
The Central Civil Defense Consultative Council, regional civil defense consultative councils (Special Metropolitan City/Metropolitan City/Do civil defense consultative council, Si/Gun/Gu civil defense consultative council and Eup/Myeon/Dong civil defense consultative council), basic plan on the duties of civil defense, executive plan and Special Metropolitan City/Metropolitan City/Do plan, local civil defense unit (Tong/Ri civil defense unit and Si/Gun/Gu civil defense technical support unit) and workplace civil defense unit pursuant to the former provisions at the time when this Act enters into force shall be deemed the Central Civil Defense Consultative Council, regional civil defense consultative councils (Special Metropolitan City/Metropolitan City/Do civil defense consultative council, Si/Gun/Gu civil defense consultative council and Eup/Myeon/Dong civil defense consultative council), basic plan on the duties of civil defense, executive plan and Special Metropolitan City/Metropolitan City/Do plan, local civil defense unit (Tong/Ri civil defense unit and Si/Gun/Gu civil defense technical support unit) and workplace civil defense unit pursuant to this Act.
Article 3 (General Transitional Measures concerning Disposition, etc.)
Acts by administrative agencies or acts towards administrative agencies pursuant to the former provisions at the time when this Act enters into force shall be deemed the acts by administrative agencies or acts towards administrative agencies pursuant to this Act corresponding to the former provisions.
Article 4 (Transitional Measures concerning Penalty or Administrative Fines)
Application of the provisions on penalty or administrative fines for an act committed before this Act enters into force shall be governed by the former provisions.
Article 5 Omitted.
Article 6 (Relationship with Other Statutes)
Where the former Framework Act on Civil Defense or a provision thereof has been cited in other statutes at the time when this Act enters into force, this Act or a corresponding provision of this Act shall be deemed cited in lieu of the former provision if there is a provision corresponding thereto in this Act.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 8855, Feb. 29, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11042, Sep. 15, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2012.
Article 2 Omitted.
ADDENDUM <Act No. 11338, Feb. 22, 2012>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11849, Jun. 4, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 12204, Jan. 7, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended parts of Acts promulgated before this Act enters into force, of which enforcement date has not yet arrived, from among Acts amended pursuant to Article 6 of Addenda shall enter into force on the date of enforcement of respective Acts.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13415, Jul. 20, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Penalty Provisions)
Former penalty provisions shall apply to an offense committed before this Act enters into force.
ADDENDUM <Act No. 13915, Jan. 27, 2016>
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 14184, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Act No. 14453, Dec. 20, 2016>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amendments to Article 12 (1) and (3), Article 13 (1), and Article 14 shall enter into force on the date of the promulgation.
ADDENDUM <Act No. 14805, Apr. 18, 2017>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amendments to the Acts amended pursuant to Article 5 of Addenda, which were promulgated before this Act enters into force and the enforcement dates of which have yet to arrive, shall enter into force on their respective enforcement dates.
Articles 2 through 6 Omitted.