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FIRE OFFICERS ACT

Wholly Amended by Act No. 3593, Dec. 31, 1982

Amended by Act No. 3800, Dec. 28, 1985

Act No. 4420, Dec. 14, 1991

Act No. 4992, Dec. 6, 1995

Act No. 5291, Jan. 13, 1997

Act No. 5569, Sep. 19, 1998

Act No. 6436, Mar. 28, 2001

Act No. 6485, May 24, 2001

Act No. 6551, Dec. 29, 2001

Act No. 7186, Mar. 11, 2004

Act No. 7255, Dec. 30, 2004

Act No. 7360, Jan. 27, 2005

Act No. 7909, Mar. 24, 2006

Act No. 7981, Sep. 22, 2006

Act No. 8554, Jul. 27, 2007

Act No. 8852, Feb. 29, 2008

Act No. 8857, Feb. 29, 2008

Act No. 9297, Dec. 31, 2008

Act No. 10144, Mar. 22, 2010

Act No. 11035, Aug. 4, 2011

Act No. 11042, Sep. 15, 2011

Act No. 11341, Feb. 22, 2012

Act No. 11493, Oct. 22, 2012

Act No. 11690, Mar. 23, 2013

Act No. 12750, jun. 11, 2014

Act No. 12844, Nov. 19, 2014

Act No. 14839, Jul. 26, 2017

Act No. 14877, Sep. 19, 2017

 Article 1 (Purpose)
The purpose of this Act is to provide a special case of the State Public Officials Act and the Local Public Officials Act that applies to appointment, education and training, public duties, job security, etc. of fire officers, in consideration of the importance of their responsibilities or public duties and of the uniqueness of their status and working conditions.
[This Article Wholly Amended by Act No. 12750, Jun. 11, 2014]
 Article 1-2 (Definitions)
The terms used in this Act shall be defined as follows:
1. The term "appointment" means new recruitment, promotion, transfer of position, dispatch, relegation, temporary retirement from office, cancellation of official position, suspension of official duties, demotion, reinstatement, dismissal, discharge, and removal;
2. The term "transfer of position" means appointment of fire officers to another office or department within the same official position and qualifications;
3. The term "relegation" means appointment to a lower official position within the same duties;
4. The term "reinstatement" means reinstatement of fire officers who are in the state of temporary retirement from office, cancellation of official position, or suspension of public duties (including suspension of public duties as a result of demotion).
[This Article Newly Inserted by Act No. 10144, Mar. 22, 2010]
 Article 2 (Ranks)
The ranks of fire officers (referring to state fire officers and local fire officers; hereinafter the same shall apply) shall be divided as follows:
1. State Fire Officers:
A Fire Commander;
A Fire Chief;
A Fire Deputy Chief;
A Fire Sub-deputy Chief;
A Fire Assistance Chief;
A Fire Battalion Chief;
A Fire Marshal;
A Fire Captain;
A Fire Lieutenant;
A Fire Engineer;
A Firefighter;
2. Local Fire Officers:
A Local Fire Chief;
A Local Fire Deputy Chief;
A Local Fire Sub-deputy Chief;
A Local Fire Assistant Chief;
A Local Fire Battalion Chief;
A Local Fire Marshal;
A Local Fire Captain;
A Local Fire Lieutenant;
A Local Fire Engineer;
A Local Firefighter.
[This Article Wholly Amended by Act No. 12750, Jun. 11, 2014]
 Article 3 (Establishment of Personnel Committee for Fire Officers)
(1) A personnel committee for fire officers (hereinafter referred to as the "Personnel Committee") shall be established under the National Fire Agency, the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do and a Special Self-Governing Province (hereinafter referred to as "City/Do") to advise the Administrator of the National Fire Agency, the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Mayor of a Special Self-Governing City, a Do Governor, or the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") on important personnel administrative matters for fire officers. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(2) Matters necessary for the organization and operation of the Personnel Committee shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 12750, Jun. 11, 2014]
 Article 4 (Functions of Personnel Committee)
The Personnel Committee shall deliberate on the following matters: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
1. Guidelines, criteria and masters plans for the personnel administration of fire officers;
2. Matters concerning the legislation, amendment or repeal of Acts and subordinate statutes on the personnel administration of fire officers;
3. Other matters referred to the Personnel Committee by the Administrator of the National Fire Agency or a Mayor/Do Governor.
[This Article Wholly Amended by Act No. 12750, Jun. 11, 2014]
 Article 5 (Appointing Authority)
(1) State fire officers shall be appointed as classified follow: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
1. State fire officers who are in the rank of fire battalion chief or a higher rank shall be appointed by the President through the Prime Minister upon the recommendation of the Administrator of the National Fire Agency: Provided, That the Fire Commander shall be appointed by the President, and the transfer of position, temporary retirement from office, cancellation of official position, demotion, suspension of public duties and reinstatement of the state fire officers who are in the ranks of the fire sub-deputy chief or a lower rank shall be made by the Administrator of the National Fire Agency;
2. State fire officers who are in the rank of the fire marshal or a lower rank shall be appointed by the Administrator of the National Fire Agency.
(2) Local fire officers shall be appointed by a Mayor/Do Governor.
(3) The President may partially delegate the appointing authority under paragraph (1) to the Administrator of the National Fire Agency, as prescribed by Presidential Decree, and the Administrator of the National Emergency Management Agency or a Mayor/Do Governor may partially delegate the appointing authority under paragraph (1) or (2) to the head of a related subordinate agency or the head of a fire agency, as prescribed by Presidential Decree. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(4) Appointment authorities (including a person holding the delegated appointing authority; hereinafter the same shall apply) shall prepare and keep the personnel record of the fire officers under their jurisdiction, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 12750, Jun. 11, 2014]
 Article 6 (New Employment)
(1) Fire officers shall be newly appointed through an employment test of open competition: Provided, That a fire captain and a local fire captain shall be appointed from among those who have qualifications prescribed by Presidential Decree, and selected through an employment test of open competition (hereinafter referred to as "candidate for fire executive position") and who have completed the training or education for fire officers. <Amended by Act No. 12750, Jun. 11, 2014>
(2) In one of the following cases, fire officers may be newly appointed through an employment test of competition which many people on the same grounds can take, by determining the eligibility to take such test, including career (hereinafter referred to as "career competition employment test"): Provided, That fire officers may be newly employed through a test which is not for participation of many people in cases prescribed by Presidential Decree as inappropriate to administer a test for many people: <Amended by Act No. 12750, Jun. 11, 2014>
1. Where a fire officer who retired on grounds of abolishment of his/her position or the excess of the fixed number of personnel under Article 70 (1) 3 of the State Public Officials Act or Article 62 (1) 3 of the Local Public Officials Act, or who retired on account of the expiration of the period for temporary retirement from office on grounds of long-term medical care due to any physical or mental disability as prescribed in Article 71 (1) 1 of the State Public Officials Act or Article 63 (1) 1 of the Local Public Officials Act, is to be reappointed as a fire officer of the same grade at the time of retirement or as a fire officer of a grade corresponding to the one at the time of retirement, within three years from the date of retirement;
2. Where employment by an employment test of open competition is not appropriate and, at the same time, a person who holds a license related to the field for which such employment is to be made, is to be employed;
3. Where a person who has worked for, or conducted research appropriate for the position to he/she will be employed or who has undergone professional technical training on firefighting;
4. Where a person who has passed an employment test of open competition for public officials of Grade V under the State Public Officials Act or the Local Public Officials Act, a person who has passed the Korean Bar Examination under the Korean Bar Examination Act, or a person who has passed the bar examination under the Korean Bar Examination Act is to be employed as a fire officer who is not higher than the fire battalion chief or the local fire battalion chief in his/her rank;
5. Where a person who graduated after having received, during his/her school days, the scholarship as prescribed in Article 85 of the State Public Officials Act or Article 41-4 of the Local Public Officials Act is to be employed;
6. Where a person proficient in a foreign language is to be employed;
7. Where a police officer is to be employed as a fire officer of a grade corresponding to his/her current grade;
8. Where a volunteer firefighter who has experience in firefighting services is to be employed, for the pertinent City/Do, as a local fire officer of the grade of a local firefighter.
(3) Deleted. <by Act No. 7255, Dec. 30, 2004>
(4) Deleted. <by Act No. 12750, Jun. 11, 2014>
(5) Education and training of the candidates for fire executive positions referred to in the proviso to paragraph (1), the grades of the fire officers who can be employed through employment tests under the main sentence or the proviso to the part other than the subparagraphs of paragraph (2) (hereinafter referred to as "career competition employment test, etc."), classification of licenses related to the positions to be filled, the work performance and research performance, the region in which volunteer firefighters may be employed as local fire officers and, their promotion and transfer of the position, and other necessary matters shall be prescribed by Presidential Decree. <Amended by Act No. 12750, Jun. 11, 2014>
 Article 6-2 (Prohibition of Acts that Interfere with Examinations or Appointments)
No person shall attempt to obstruct on purpose or influence unreasonably the examinations or appointments of fire officers.
[This Article Newly Inserted by Act No. 11493, Oct. 22, 2012]
 Article 7 (Exchange, etc. between State Fire Officers and Local Fire Officers)
(1) When a state fire officer is to be appointed as a local fire officer of a grade corresponding to the current grade of said state fire officer, or vice versa, a career competition employment test needs not be conducted for such appointment.
(2) When filling vacancies of fire officers, if the number of the candidates, registered on the list of candidates for new employment as fire officers or on the list of candidates for promotion to fire officers (including the list of candidates for promotion through evaluation and the list of candidates for promotion through written tests; hereafter the same shall apply in this paragraph) falls short of the number of vacant positions to be filled, and an appointing authority deems it particularly necessary for proper operation of personnel administration, the list of candidates for new employment as fire officers or the list of candidates for promotion to fire officers prepared by another appointing authority with respect to the specific grades of the vacant positions, shall be deemed the list of candidates for appointment of fire officers of his/her own agency, and the appointing authority may appoint fire officers who may fill the vacant positions using said list. In such cases, the appointing authority shall consult with the appointing authority of the fire officers to be thus recruited by the former.
[This Article Wholly Amended by Act No. 12750, Jun. 11, 2014]
 Article 8 (Probationary Employment)
(1) When hiring a new fire officer, a fire officer who is not higher than the fire lieutenant or the local fire lieutenant shall be first employed for the probationary period of six months, and a fire officer who is not lower than the fire captain or the local fire captain, for the probationary period of one year; and such fire officers shall be appointed as regular fire officers at the expiration of his/her probationary period: Provided, That the probationary employment may be exempted or the probationary period may be shortened in cases prescribed by Presidential Decree.
(2) The period of temporary retirement from office, the period of removal from official position and the period of suspension from official position or deduction of salary taken as a disciplinary action, shall not be included in probationary periods prescribed in paragraph (1).
(3) A period during which a person has undergone appointment-related education or training at a training and educational institute for fire officers before he/she is appointed as a fire officer shall be included in the probationary period prescribed in paragraph (1).
(4) Where a fire officer in his/her probationary period manifests a poor service record or a poor training and educational record, he/she may be dismissed from office or his/her dismissal from office may be recommended, notwithstanding the provisions of Article 68 or 70 of the State Public Officials Act or Article 60 or 62 of the Local Public Officials Act.
[This Article Wholly Amended by Act No. 12750, Jun. 11, 2014]
 Article 9 (Testing Agencies)
(1) The new employment tests and the promotion tests for state fire officers and the tests for selecting candidates for state fire executive positions, shall be conducted by the Administrator of the National Fire Agency: Provided, That if deemed necessary, the Administrator of the National Fire Agency may partially delegate his/her authority concerning said tests to the head of the relevant subordinate agency or the head of a fire agency, as prescribed by Presidential Decree. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(2) The new employment tests for the local fire officers who are not lower than the local fire battalion chief in their ranks, and the tests for selecting candidates for local fire executive positions, shall be conducted by the Administrator of the National Fire Agency at the request by the relevant appointing authority: Provided, That if deemed necessary, the Administrator of the National Fire Agency may entrust the execution of said tests to the head of a fire service academy established under Article 15 (1). <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(3) The new employment tests for fire officers who are not higher than the local fire marshal in their ranks and the tests for promotion to the position of the local fire battalion chief or lower shall be conducted by a Mayor/ Do Governor. In such cases, the Mayor/Do Governor may entrust the execution of the tests for promotion to the positions of local fire battalion chief, the local fire marshal and the local fire captain, to the head of a fire service academy established under Article 15 (1), following consultations with the Administrator of the National Fire Agency. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(4) When the Administrator of the National Fire Agency deems that the test for selecting candidates for local fire executive positions under paragraph (2) is necessary to secure competent human resources, he/she may advise the relevant appointing authority to request the execution of said test to select a certain percentage of the vacant local fire captain positions as prescribed in paragraph (2). In such cases, the appointing authority so advised shall comply therewith, except in exceptional circumstances. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(5) The number of candidates for local fire executive positions to be selected by the test under paragraph (4) shall be determined by the Administrator of the National Fire Agency, considering the number of the local fire officers currently working for, the fixed number, the vacant positions and the promotion status of the local fire captains of the relevant local government. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 12750, Jun. 11, 2014]
 Article 10 (Eligibility for Taking Appointment Tests and Methods thereof)
Eligibility for taking new employment tests or promotion tests for fire officers, tests for selecting candidates for fire executive positions, the methods of administering said tests, and other matters necessary for conducting such tests shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 12750, Jun. 11, 2014]
 Article 11 (Lists of Candidates for Appointment)
(1) The head of a testing agency under Article 9 shall forward the list of the persons who have passed the relevant test to the relevant appointing authority.
(2) The appointing authority shall enlist, in the order of the test scores, the persons who have passed a new employment test (including the persons who have passed a test for selecting candidates for fire executive positions and have finished the prescribed training and education courses) and the persons who have passed a promotion test, respectively on the list of candidates for new employment and on the list of candidates for promotion through written tests, as prescribed by Presidential Decree.
(3) The term of validity of the lists referred to in paragraph (2) shall be prescribed by Presidential Decree within the period of up to two years: Provided, That if necessary, the appointing authorities may extend said term of validity up to one year.
(4) Matters necessary for preparing and managing the lists under paragraph (2) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 12750, Jun. 11, 2014]
 Article 12 (Promotion)
(1) Promotion of fire officers shall be made from among the immediately lower-grade fire officers through the evaluation of their service record and career, and verification of other capabilities. <Amended by Act No. 12750, Jun. 11, 2014>
(2) Promotion to a position not higher than fire sub-deputy chief or local fire sub-deputy chief shall be made through promotion evaluation: Provided, That promotion to a position not higher than fire battalion chief or local fire battalion chief may be made through the promotion evaluation and the promotion test conducted concurrently at a rate prescribed by Presidential Decree. <Amended by Act No. 12750, Jun. 11, 2014>
(3) For fire officers not higher than fire assistant chief or local fire assistant chief, a list of candidates for promotion by rank shall be prepared, as prescribed by Presidential Decree. <Amended by Act No. 12750, Jun. 11, 2014>
(4) Promotion to a position not higher than fire sub-deputy chief or local fire sub-deputy chief shall be made in the order on the list of the candidates for promotion through evaluation referred to in Article 13 (3): Provided, That in the case of promotion through a test to a position not higher than fire battalion chief or local fire battalion chief shall be made in the order on the list of candidates for promotion referred to in Article 11 (2). <Amended by Act No. 12750, Jun. 11, 2014>
(5) Deleted. <by Act No. 7255, Dec. 30, 2004>
(6) The minimum year of service required for promotion of fire officers by grade of fire officers, restrictions on promotion, and other matters necessary for promotion shall be prescribed by Presidential Decree. <Amended by Act No. 12750, Jun. 11, 2014>
 Article 12-2 (Promotion on Continuous Service Basis)
(1) Notwithstanding the provisions of Article 12 (2), an incumbent holding the relevant rank for a period of service specified in the following may be promoted on a continuous service basis to and appointed to the rank of fire sergeant, local fire sergeant, fire lieutenant, local fire lieutenant, fire captain, local fire captain, fire marshall or local fire marshall: <Amended by Act No. 14877, Sep. 19, 2017>
1. In cases where the fire fighter or local fire fighter is to be promoted on a continuous service basis to and appointed to the rank of fire sergeant or local fire sergeant: He/she must hold the relevant rank for at least four years of continuous service;
2. In cases where the fire sergeant or local fire sergeant is to be promoted on a continuous service basis to and appointed to the rank of fire lieutenant or local fire lieutenant: He/she must hold the relevant rank for at least five years of continuous service;
3. In cases where the fire lieutenant or local fire lieutenant is to be promoted on a continuous service basis to and appointed to the rank of fire captain or local fire captain: He/she must hold the relevant rank for at least six years and six months of continuous service;
4. In cases where the fire captain or local fire captain is to be promoted on a continuous service basis to and appointed to the rank of fire marshall or local fire marshall: He/she must hold the relevant rank for at least ten years of continuous service.
(2) During the period when fire officers promoted on a continuous service basis are serving in office in accordance with paragraph (1), the capacity of those holding the relevant positions is deemed to exist separately, but the capacity of the former positions is deemed to be reduced.
(3) Matters necessary for the standards, procedures, etc. for promotion on a continuous service basis and appointment as prescribed in paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11035, Aug. 4, 2011]
 Article 13 (Promotion Review Committee)
(1) To conduct promotion reviews under Article 12 (2), a Central Promotion Review Committee shall be established under the National Fire Agency Emergency Management Agency and a general promotion review committee under the National Fire Agency Emergency Management Agency, each City/Do and subordinate agency prescribed by Presidential Decree. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(2) Promotion review committees established under paragraph (1) shall review and select the candidates for promotion within the range of five times the number of the vacant positions to be filled by promoted persons, selected according to the priority order of the list of the fire officers subject to promotion reviews prepared by the grades of fire officers in accordance with Article 12 (3).
(3) With respect to the candidates for promotion selected in accordance with paragraph (2), the head of a government agency under which the promotion review committee was established shall prepare, by the grades of the fire officers involved, the lists of the candidates for promotion through evaluation.
(4) Matters necessary for the organization, jurisdiction and operation of promotion review committees shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 12750, Jun. 11, 2014]
 Article 14 (Special Promotion of Persons of Special Merits, etc.)
(1) Any of the following fire officers may be specially promoted by one grade, notwithstanding the provisions of Article 12: Provided, That a fire officer not higher than the fire captain or the local fire captain in his/her rank who died on duty after rendering distinguished service, exemplary to all fire officers, may be specially promoted by two grades:
2. A fire officer who died on duty;
3. A fire officer who has rendered distinguished service in the course of performing his/her duties.
(2) Requirements for special promotion and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 12750, Jun. 11, 2014]
 Article 14-2 (Rewards for Meritorious Service)
Fire officers who died during education or training (including those who died from a disease related to the performance of duties) or who retired from service due to a wound or injury (including a disease related to the performance of duties) in the line of duty, and their families (bereaved or not) shall be treated honorably or supported in accordance with the Act on the Honorable Treatment and Support for Persons, etc. of Distinguished Services to the State or the Act on Support for Persons Eligible for Veteran’s Compensation.
[This Article Wholly Amended by Act No. 11493, Oct. 22, 2012]
 Article 14-3 (Special Compensation)
(1) Where a fire officer is under a medical treatment, etc. due to any disease or injury inflicted on official duty, he/she may be paid special compensation.
(2) The criteria, method, etc. for the payment of special compensation under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 12750, Jun. 11, 2014]
 Article 15 (Training and Education)
(1) The Administrator of the National Fire Agency shall comprehensively plan and coordinate training and educational programs of fire officers so that all fire officers may be given equal training and educational opportunities, and shall establish and operate a fire service academy for training and educating fire officers. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(2) A Mayor/Do Governor may establish and operate training and educational institutes for the fire officers of an area under his/her jurisdiction.
(3) If necessary for training and education of fire officers, the Administrator of the National Fire Agency or a Mayor/Do Governor may assign fire officers to domestic or foreign educational institutes to take training or education at such educational institutes for a certain period, as prescribed by Presidential Decree. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(4) Matters necessary for planning and coordinating education and training for fire officers and the establishment and operation of training and educational institutes under paragraphs (1) and (2), and the duties of fire officers who have taken the training and education under paragraph (3) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 12750, Jun. 11, 2014]
 Article 16 (Prohibition against False Reporting, etc.)
(1) No fire officer shall make any false report or notification with respect to his/her duties.
(2) No fire officer shall neglect or abandon any of his/her duties.
[This Article Wholly Amended by Act No. 12750, Jun. 11, 2014]
 Article 17 (Prohibition against Abuse, etc. of Commanding Power)
No one who commands and supervises fire officers at the time of firefighting service, rescuing or other emergency services shall refuse or abandon his/her commanding or supervising duty or allow fire officers to advance, retreat or break away from their designated work place, except in extenuating circumstances.
[This Article Wholly Amended by Act No. 12750, Jun. 11, 2014]
 Article 18 (Uniforms)
(1) Fire officers shall wear their uniforms.
(2) Matters concerning fire officers’ uniforms shall be determined by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 12750, Jun. 11, 2014]
 Article 19 (Provisions concerning Official Duties)
Matters concerning public duties of fire officers shall be prescribed by Presidential Decree, unless otherwise expressly prescribed in this Act, the State Public Officials Act or the Local Public Officials Act.
[This Article Wholly Amended by Act No. 12750, Jun. 11, 2014]
 Article 20 (Retirement Ages)
(1) The retirement ages of fire officers shall be as follows:
1. Retirement age on account of the age limit: 60 years old;
2. Retirement age on account of the period limit of a rank:
A fire deputy chief or local fire deputy chief: 4 years;
A fire sub-deputy chief or local fire sub-deputy chief: 6 years;
A fire assistant chief or local fire assistant chief: 11 years;
A fire battalion chief or local fire battalion chief: 14 years.
(2) In calculating the period of service in the position of a rank in the case of the retirement age on account of the period limit of a rank under paragraph (1) 2, the number of the years of service in the position of a rank corresponding to the position of a state fire officer, a local fire officer, or a police officer shall be included in such period, regardless of continuous service.
(3) The retirement age on account of the period limit of a rank for a fire officer who is demoted due to a disciplinary action (including where a fire officer is demoted to a fire marshal or local fire marshal) shall be governed by the following provisions, notwithstanding the provisions of paragraph (1) 2:
1. The retirement age on account of the period limit of a demoted rank shall be the retirement age on account of the period limit of the highest rank among the ranks before demotion;
2. In calculating the retirement age on account of the period limit of a rank, the number of the years of service in the rank before demotion shall be added to the number of the years of service in the rank after demotion.
(4) Under the circumstances of a war, a disaster, or other emergency situations corresponding thereto, the Administrator of the National Fire Agency or the Mayor/Do Governor may extend, for up to two years, the retirement age on account of the period limit of a rank prescribed in paragraph (1) 2. In such cases, with respect to the state fire officers who are not lower than the fire battalion chief in their ranks, the extension of their retirement shall, by recommendation of the Minister of the Interior and Safety, be approved by the President via the Prime Minister. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(5) A fire officer shall be automatically retired on June 30 if the date on which he/she reaches his/her retirement age falls somewhere between January and June, and on December 31 if the date on which he/she reaches his/her retirement age falls somewhere between July and December.
[This Article Wholly Amended by Act No. 12750, Jun. 11, 2014]
 Article 21 (Requests for Examinations)
Where a state fire officer or local fire officer falls under any of the following cases, the state fire officer may file a request for disapproval examination with the Appeals Review Committee established under the State Public Officials Act through the Administrator of the National Fire Agency; the local fire officer may do so with the relevant local public official appeals review committee established under the Local Public Officials Act, within a period classified as follows. In such cases, the relevant fire officer may appoint a lawyer as his/her agent: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
1. Where he/she has received a written explanation of the reason for such a disposition under Article 75 of the State Public Officials Act or Article 67 (1) of the Local Public Officials Act and is dissatisfied with the disposition: Within 30 days after receipt of the written explanation;
2. Where he/she has received a disadvantageous disposition, other than the dispositions prescribed in Article 75 of the State Public Officials Act or Article 67 (1) of the Local Public Officials Act, which was taken contrary to his/her wishes: Within 30 days from the date of learning the imposition of the disposition.
[This Article Wholly Amended by Act No. 12750, Jun. 11, 2014]
 Article 22 (Grievance Review Committee)
(1) To give counsel on the career management to fire officers and to deliberate upon grievances of fire officers, the fire officers’ grievance review committees shall be established under the National Fire Agency Emergency Management Agency, each City/Do, and fire agency prescribed by Presidential Decree. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(2) The state fire officers’ requests for review of the matters deliberated upon by a fire officers’ grievance review committee, and career management counseling and grievances of the state fire officers who are not lower than the fire battalion chief in their ranks shall be dealt with by the Central Grievance Review Committee established under the State Public Officials Act.
(3) The local fire officers’ requests for review of the matters deliberated upon by a fire officers’ grievance review committee, and career management counseling and grievances of the local fire officers who are not lower than the local fire battalion chief in their ranks shall be dealt with by the relevant City/Do personnel committee established under the Local Public Officials Act.
(4) Matters necessary for the organization, deliberation procedures and operation of fire officers’ grievance review committees shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 12750, Jun. 11, 2014]
 Article 23 (Disciplinary Committee)
(1) A resolution on a disciplinary action against a state fire officer who is not lower than the fire sub-deputy chief in his/her rank shall be passed by the disciplinary committee established under the jurisdiction of the Prime Minister in accordance with the State Public Officials Act.
(2) A fire officers’ disciplinary committee shall be established under the National Fire Agency, each City/Do, and fire agency prescribed by Presidential Decree to pass resolutions on disciplinary actions against the state fire officers and the local fire officers not higher than the fire assistant chief. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(3) Matters necessary for the organization, jurisdictional boundary and operation of fire officers’ disciplinary committees, procedures for requesting resolutions on disciplinary actions, the right of a person subject to a disciplinary action to state his/her opinion, and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 12750, Jun. 11, 2014]
 Article 24 (Procedures for Taking Disciplinary Actions)
(1) A disciplinary action against a state fire officer shall be taken by the head of a government agency under which a fire officers' disciplinary committee is established, following a resolution by said committee; but a disciplinary action resolved by the disciplinary committee established under the jurisdiction of the Prime Minister in accordance with the State Public Officials Act shall be taken by the Administrator of the National Fire Agency: Provided, That the removal or dismissal of a fire officer from office shall be taken by the relevant appointing authority of the fire officer (excluding a person to whom the appointing authority has been delegated) following a resolution by the competent fire officers’ disciplinary committee. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(2) A disciplinary action against a local fire officer shall be taken by the relevant appointing authority, following a resolution by the competent fire officers’ disciplinary committee: Provided, That disciplinary actions, such as suspension from official duties, deduction of salary or reprimand, the resolution on which has been passed by the fire officers’ disciplinary committee established at the level of a fire station, shall be taken by the head of said fire station.
(3) Where the head of an agency who requested a resolution on a disciplinary action against a fire officer deems that the disciplinary action resolved by the competent fire officers’ disciplinary committee is too light, he/she may request the disciplinary committee established under the immediately higher administrative agency than his/her agency (referring to the fire officers’ disciplinary committee classified as follows, in cases of resolutions passed by any of the following disciplinary committees) to conduct an examination or re-examination: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
1. Resolutions passed by the fire officers’ disciplinary committee established under the National Fire Agency and by the disciplinary committee established under the jurisdiction of the Prime Minister under the State Public Officials Act: The disciplinary committee established under the jurisdiction of the Prime Minister;
2. Resolutions passed by the fire officers’ disciplinary committee established at a City/Do: The fire officers’ disciplinary committee established under the National Fire Agency;
3. Resolutions passed by the fire officers’ disciplinary committee established at a fire station: The fire officers’ disciplinary committee established at a City/Do.
[This Article Wholly Amended by Act No. 12750, Jun. 11, 2014]
 Article 25 (Defendants in Administrative Litigation)
In filing an administrative lawsuit against a disciplinary action, disposition of temporary retirement or dismissal from office or any other disadvantageous disposition taken contrary to one’s wishes, the defendant shall be the Administrator of the National Fire Agency if the person who files the lawsuit is a state fire officer, or the competent Mayor/Do Governor if the person who files the lawsuit is a local fire officer: Provided, That the defendant shall be the competent Mayor/Do Governor if the appointing authority of state fire officers has been delegated under Article 5 (3). <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 12750, Jun. 11, 2014]
 Article 26 (Remunerations, etc. for Candidates for Fire Executive Positions)
Remunerations and other actual expenses shall be paid to candidates for fire executive positions under training and education, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 12750, Jun. 11, 2014]
 Article 27 (Command and Supervision of Administrator of National Fire Agency)
The Administrator of the National Fire Agency shall command and supervise fire officers so that the personnel administration of fire officers may be managed in accordance with this Act, the State Public Officials Act and the Local Public Officials Act. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 12750, Jun. 11, 2014]
 Article 28 (Relationship with the State Public Officials Act and the Local Public Officials Act)
(1) The application of State Public Officials Act to fire officers shall be subject to the following: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
1. "Degree" in Articles 32-5 (1) and 43 of the State Public Officials Act shall be deemed "rank";
2. "Head of the central personnel administrative office" in Article 71 (2) 3 of the State Public Officials Act shall be deemed the "Administrator of the National Fire Agency";
3. "Articles 40, 40-2 and 41" and "degree" in Article 73-4 (2) of the State Public Officials Act shall be deemed "Articles 12 and 13 of this Act", and "rank", respectively;
(2) The application of the Local Public Officials Act to fire officers shall be subject to the following: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
1. "Degree" in Articles 30-5 (1) and 41 of the Local Public Officials Act shall be deemed "rank";
2. "Head of the local government" in Article 41-4 (1) of the Local Public Officials Act shall be deemed the "Administrator of the National Fire Agency";
3. "Articles 38, 39 and 39-2" and "degree" in Article 65-4 (2) of the Local Public Officials Act shall be deemed "Articles 12 and 13 of this Act" and "rank", respectively;
[This Article Wholly Amended by Act No. 12750, Jun. 11, 2014]
 Article 29 (Penal Provisions)
(1) If a fire officer mobilized to extinguish a fire violates Article 16 of this Act or Articles 57 or 58 (1) of the State Public Officials Act (referring to Article 49 or 50 (1) of the Local Public Officials Act in cases of a local fire officer), he/she shall be punished by imprisonment with or without prison labor for up to five years.
(2) A fire officer who violates Article 17 shall be punished by imprisonment with or without prison labor for up to ten years.
[This Article Wholly Amended by Act No. 12750, Jun. 11, 2014]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1983.
Article 2 (Transitional Measures concerning Persons who Passed Promotion Tests)
As for a person who has already passed the test for promotion to the position of the local fire captain under the former provisions concerned as at the time this Act enters into force, he/she shall be deemed to have passed the test for promotion to the position of the local fire captain under this Act.
Article 3 (Transitional Measures concerning Persons Subject to Disciplinary Actions or Persons whose Official Positions have been Cancelled)
Matters concerning the efficacy of disciplinary action or of the cancellation of official position with respect to a person who has been being subject to the disciplinary action or to a person whose official position has already been cancelled as at the time this Act enters into force, shall be governed by the former provisions.
Article 4 (Transitional Measures concerning Exemption from Probationary Employment)
Matters concerning the exemption, etc. from the probationary employment of fire officers as prescribed in Article 8 (1), shall be governed by the former provisions until Presidential Decree thereon will have been legislated and enforced.
Article 5 (Transitional Measures concerning Uniform)
Matters concerning the uniform of fire officers shall be governed by the former provisions until the Ordinance of the Ministry of Home Affairs thereon will have been legislated and enforced.
Article 6 (Transitional Measures Concerning Retirement on Account of Period Limits of Grades)
(1) As for the fire chiefs, the local fire chiefs, the fire deputy chiefs and the local fire deputy chiefs as at the time this Act enters into force, their retirement on account of the period limits of their grades shall be governed, despite the provisions of Article 20, by the following stipulations:
1. In the case of the fire chiefs and the local fire chiefs:
As for those who were appointed as a fire chief or a local fire chief before January 4, 1980, they shall retire 5 years from their appointment date; as for those who were appointed as a fire chief or a local fire chief sometime in between January 4, 1980 and the enforcement date of this Act, they shall retire 7 years after their appointment date;
2. In the case of the fire deputy chiefs and the local fire deputy chiefs:
As for those who were appointed as a fire deputy chief or a local fire deputy chief before January 4, 1980, they shall retire 7 years from their appointment date; as for those who were appointed as a fire deputy chief or a local fire deputy chief sometime in between January 4, 1980 and the enforcement date of this Act, they shall retire 8 years from their appointment date.
(2) In cases under paragraph (1), and where the remaining period before the retirement of the fire chief or the local fire chief as of the enforcement date of this Act, exceeds 4 years, the remaining period before the retirement thereof shall be regarded as 4 years; In cases under paragraph (1), and where the remaining period before the retirement of the fire deputy chief or the local fire deputy chief as of the enforcement date of this Act, exceeds 6 years, the remaining period shall be regarded as 6 years.
ADDENDA <Act No. 3800, Dec. 28, 1985>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the provisions concerning the retirement, age limit, of the fire marshall, the local fire marshall, the fire captain and the local fire captain, as prescribed in Article 20 (1) 1 shall enter into force on January 1, 1987.
(2) (Applicability to Persons for whom the Retirement Age Limit was Extended) Article 20 (1) 1 shall also apply to the persons for whom the retirement age limits were extended in accordance with the former provisions before this Act enters into force or in accordance with paragraph (3) of this Addenda.
(3) (Transitional Measures concerning Extension of Retirement Age Limits of Fire Marshals, Fire Captains, etc.) Despite the amended provisions of Article 20 (3), the retirement age limits of the fire marshal, the local fire marshal, the fire captain and the local fire captain may be extended according to the former provisions until December 31, 1986.
ADDENDA <Act No. 4420, Dec. 14, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1992: Provided, That the amended provisions of Article 20 (1) 1 and (3) shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures Concerning Change of Person who has Right to Appointment)
The appointment already done by and other action already taken by or already done towards a person who has the right to appointment as prescribed in the former provisions as at the time this Act enters into force, shall be deemed an action taken by or towards the corresponding person who has the right to appointment as prescribed in this Act.
Article 3 (Transitional Measures Concerning Extension of Retirement Age Limits)
(1) As for the extension of the retirement age limits of the fire officers who are working in the position of the fire marshal, the local fire marshal, the fire captain or the local fire captain as at the time this Act enters into force, the retirement age limits of those who are supposed to retire sometime in 1991 may be extended within the maximum limit of one year from the retirement date; and the retirement age limits of those who are supposed to retire sometime in 1992, within the maximum limit of two years from the retirement date, despite the amended provision of Article 20 (3).
(2) As for the fire officers who are working in such positions as are not higher than the fire lieutenant or the local fire lieutenant as at the time this Act enters into force, those who become 55 years old sometime in 1991 and those who become 55 years old sometime in 1992 shall be deemed to reach, after one year and two years, respectively, the retirement age limits as prescribed in the amended provision of Article 20 (1) 1, notwithstanding the amended provision of Article 20 (1) 1.
(3) As for the fire officers in such positions that are not higher than the fire lieutenant or the local fire lieutenant whose retirement age limits have already been extended in accordance with the former provisions concerned as at the time this Act enters into force, their retirement age limits may be further extended within the maximum limit of one year, two years or three years if the originally extended retirement year falls in 1991, in 1992 or in 1993 or 1994, respectively, from the retirement date as it was originally extended, notwithstanding the amended provisions of Article 20 (1) 1 and Article 3 (2) of this Addenda.
ADDENDA <Act No. 4992, Dec. 6, 1995>
(1) (Enforcement Date) This Act shall enter into force on January 1, 1996.
(2) (Transitional Measures) As for the matters which were requested for review by the local fire officers in such positions as are not lower than the local battalion chief and which were accepted and have been under review, as at the time this Act enters into force, by the Appeals Review Committee established in accordance with the State Public Officials Act, the former provisions shall apply, despite the amended provision of Article 21.
ADDENDA <Act No. 5291, Jan. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 5569, Sep. 19, 1998>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 12 (2) shall enter into force on January 1, 2000.
Article 2 (Transitional Measures concerning Retirement Age)
(1) Among fire officers in active service as at the time this Act enters into force, those who reach the retirement age under the former provisions of Article 20 (1) 1 on December 31, 1998 and on June 30, 1999, shall, ipso facto, retire on the equivalent date, and those who reach such retirement age on December 31, 1999 and on June 30, 2000, shall ipso facto retire on June 30, 1999 and on September 30, 1999, respectively.
(2) The period during which the retirement age of any fire officer in active service is extended under the former provisions of Article 20 (3), shall be terminated on December 31, 1998.
Article 3 (Transitional Measures concerning Voluntary Early Retirement Allowances)
Notwithstanding the amended provisions of Article 20 (1) 1, the retirement age as referred to in the former provisions of the same Article, shall apply to the public officials to be paid voluntary early retirement allowances among those who retire voluntarily prior to their prescribed retirement age before June 30, 2000 and the amounts of such allowances to be paid to them.
ADDENDA <Act No. 6436, Mar. 28, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 6485, May 24, 2001>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 6551, Dec. 29, 2001>
(1) (Enforcement Date) This Act shall enter into force on January 1, 2002.
(2) (Transitional Measures for Retirement on Account of Period Limit of Rank) Any person who arrives at the retirement age on account of a period limit of a rank in year 2002 under the former provisions of Article 20 (1) 2 among the fire officers in active service as at the time this Act enters into force as the fire battalion chief or the local fire battalion chief shall be deemed to arrive at the retirement age on account of a period limit of a rank in year 2003, notwithstanding the amended provisions of Article 20 (1) 2.
ADDENDA <Act No. 7186, Mar. 11, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the following matters shall enter into force on the date under the following classification:
1. …(Omitted.)… Article 4 of the Addenda (excluding paragraph (9)) …(Omitted.)… shall enter into force on the date the Presidential Decree on the organization of the National Emergency Management Agency enters into force in accordance with the amended provisions of Article 33 (6) within three months after this Act enters into force;
2. Omitted.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 7255, Dec. 30, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures following Creation of Ranks)
"Fire deputy chief and local fire deputy chief" as at the time this Act enters into force shall be deemed as "fire sub-deputy chief and local fire sub-deputy chief", and "fire chief and local fire chief" as "fire deputy chief and local fire deputy chief", and "fire commander" as "fire chief".
Article 3 Omitted.
Article 4 (Relationship with Other Acts)
Where ranks of fire officers have been quoted in other Acts and subordinate statues as at the time this Act enters into force, "fire deputy chief and local fire deputy chief" shall be deemed as "fire sub-deputy chief and local fire sub-deputy chief", "fire chief and local fire chief" as "fire deputy chief and local dire deputy chief", and "fire commander" as "fire chief" respectively.
ADDENDA <Act No. 7360, Jan. 27, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 7909, Mar. 24, 2006>
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 14-3 shall enter into force on the date prescribed by Presidential Decree within the scope of one year after its promulgation.
ADDENDUM <Act No. 7981, Sep. 22, 2006>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 8554, Jul. 27, 2007>
This Act shall enter into force on the date of its promulgation.
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.
ADDENDA <Act No. 8857, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 9297, Dec. 31, 2008>
(1) (Enforcement Date) This Act shall enter into force on January 1, 2009.
(2) (Transitional Measure concerning Retirement Age on Account of Age Limit) Notwithstanding the amended provisions of Article 20 (1) 1, the retirement age on account of age limit of fire deputy chief or local fire deputy chief or lower as at the time this Act enters into force shall be 58 years old from 2009 to 2010, 59 years old from 2011 to 2012, and 60 years old from 2013.
ADDENDA <Act No. 10144, Mar. 22, 2010>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Applicability to Changes in Types of Disciplinary Action) The amended provisions of the proviso to Article 5 (1) 1 and Article 20 (3) shall start applying when any ground for disciplinary action occurs first after this Act enters into force.
ADDENDUM <Act No. 11035, Aug. 4, 2011>
This Act shall enter into force six months after 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.
ADDENDA <Act No. 11341, Feb. 22, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 11493, Oct. 22, 2012>
This Act shall enter into force on 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.
(2) Omitted
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12750, Jun. 11, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 (Transitional Measures concerning Tests being Conducted)
Tests, the details of which have been announced or the tests being conducted as at the time this Act enters into force shall be governed by the former provisions, notwithstanding the amended provisions of Article 6 (2) and (4).
Articles 3 (Applicability to Payment of Special Compensation)
The payment of special compensation under the amended provisions of Article 14-3 shall apply, beginning with persons who are under medical treatment, etc. due to diseases or injuries inflicted on official duty as at the time this Act enters into force.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended part of an Act which was promulgated before the enforcement of this Act, but the date on which it enters into force has not yet arrived, among the Acts amended by Article 6 of the Addenda, shall enter into force on the enforcement date of the relevant Act, respectively.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation: Provided, That the amended part of an Act which was promulgated before the enforcement of this Act, but the date on which it enters into force has not yet arrived, among the Acts amended by Article 5 of the Addenda, shall enter into force on the enforcement date of the relevant Act, respectively.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 14877, Sep. 19, 2017>
This Act shall enter into force on the date of its promulgation.