EMERGENCY RESOURCES MANAGEMENT ACT
Act No. 3745, Aug. 4, 1984
Amended by Act No. 4561, Jun. 11, 1993
Act No. 5291, Jan. 13, 1997
Act No. 5454, Dec. 13, 1997
Act No. 5543, May 25, 1998
Act No. 6373, Jan. 16, 2001
Act No. 7217, Sep. 23, 2004
Act No. 8410, Apr. 27, 2007
Act No. 8876, Feb. 29, 2008
Act No. 9571, Apr. 1, 2009
Act No. 10988, Aug. 4, 2011
Act No. 11042, Sep. 15, 2011
Act No. 11340, Feb. 22, 2012
Act No. 11690, Mar. 23, 2013
Act No. 11994, Aug. 6, 2013
Act No. 12205, Jan. 7, 2014
Act No. 12844, Nov. 19, 2014
Act No. 13061, Jan. 20, 2015
Act No. 14183, May 29, 2016
Act No. 14184, May 29, 2016
Act No. 14750, Mar. 21, 2017
Act No. 14839, Jul. 26, 2017
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prescribe matters necessary for formulating plans, managing resources, and providing education and training in times of war, national crisis or other similar emergencies (hereinafter referred to as "emergencies") in order to make efficient use of resources, such as human resources and goods of the State.
[This Article Wholly Amended by Act No. 9571, Apr. 1, 2009]
| Article 2 (Scope of Target Resources) |
| (1) | For the purpose of this Act, "human resources" means any of the following persons: <Amended by Act No. 12205, Jan. 7, 2014> |
| 1. | A national of the Republic of Korea who is working for an enterprise designated pursuant to Article 11; |
| 2. | A person who has acquired technical licenses or qualifications under the National Technical Qualifications Act or other statutes (including foreign statutes), or who is a scientific technician and who continues to be a national of the Republic of Korea from January 1 of the year in which he/she turns 19 to December 31 of the year in which he/she turns 60. |
| (2) | For the purpose of this Act, "material resources" means materials and enterprises specified in the Appendix. |
[This Article Wholly Amended by Act No. 9571, Apr. 1, 2009]
| Article 3 (Obligation to Prepare for Emergency) |
The Government shall prepare and execute necessary plans under this Act or other statutes in order to make effective use of the human resources and material resources of the State in preparation for emergencies.
[This Article Wholly Amended by Act No. 9571, Apr. 1, 2009]
CHAPTER II EMERGENCY PREPARATION AGENCIES
| Article 4 (Overall Control Agency) |
The Minister of the Interior and Safety shall assist the Prime Minister and take overall charge of and adjust the matters concerning emergency preparation affairs. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 8876, Feb. 29, 2008]
| Articles 4-2 through 4-5 Deleted. <by Act No. 8876, Feb. 29, 2008> |
| Article 5 (Execution Agency) |
The head of a central administrative agency (hereinafter referred to as "competent Minister") who takes charge of the affairs concerning resources, such as human resources and goods, shall execute emergency preparation affairs by relevant jurisdiction. <Amended by Act No. 14750, Mar. 21, 2017>
[This Article Wholly Amended by Act No. 9571, Apr. 1, 2009]
| Article 6 (Entrustment or Delegation of Authority) |
A part of the authority of the competent Minister under this Act may be entrusted or delegated to the head of another central administrative agency, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") or the head of a local administrative agency under his/her jurisdiction, as prescribed by Presidential Decree. <Amended by Act No. 11340, Feb. 22, 2012>
[This Article Wholly Amended by Act No. 9571, Apr. 1, 2009]
CHAPTER III EMERGENCY PREPARATION MEASURES
| Article 6-2 (Development of Basic Guidelines on Emergency Preparation Affairs) |
| (1) | The Prime Minister shall prepare guidelines (hereinafter referred to as “basic guidelines”) on basic matters regarding emergency preparedness-related affairs every five years or less as determined by Presidential Decree, and then notify the head of a central administrative agency thereof with approval of the President. The same shall apply when revising the basic guidelines. <Amended by Act No. 14750, Mar. 21, 2017> |
| (2) | Basic guidelines shall include each of the following: |
| 1. | Analysis and prediction of environmental changes in and out of Korea from a midterm perspective with regard to emergencies; |
| 2. | Efficient response strategies in preparation against emergencies; |
| 3. | Matters to be considered when developing a basic plan referred to in Article 7; |
| 4. | Other matters prescribed by Presidential Decree in relation to emergency preparedness-related affairs. |
[This Article Added by Act No. 10988, Aug. 4, 2011]
| (1) | The head of a central administrative agency shall prepare a draft basic plan regarding affairs under his/her jurisdiction in consideration of basic guidelines and changes in human resources and material resources, and submit such plan to the Prime Minister after consultation with the Minister of the Interior and Safety. <Amended by Act No. 10988, Aug. 4, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14750, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017> |
| (2) | The Prime Minister shall prepare a basic plan after compiling the draft basic plan submitted by the head of a central administrative agency under paragraph (1), and finalize it with approval of the President through deliberation of the State Council. <Amended by Act No. 10988, Aug. 4, 2011; Act No. 14750, Mar. 21, 2017> |
| (3) | The Prime Minister shall notify the head of a central administrative agency and the National Assembly of the finalized basic plan without delay. The same shall apply to any revision of the basic plan under Article 9-3. <Amended by Act No. 10988, Aug. 4, 2011; Act No. 14750, Mar. 21, 2017> |
[This Article Wholly Amended by Act No. 9571, Apr. 1, 2009]
| Article 8 (Execution Plan) |
| (1) | According to the basic plan notified under Article 7 (3), the head of a central administrative agency shall establish an execution plan on the affairs under his/her jurisdiction and confirm such plan upon approval of the Prime Minister after consultation with the Minister of the Interior and Safety. <Amended by Act No. 10988, Aug. 4, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14750, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017> |
| (2) | The head of a central administrative agency shall notify the head of the central administrative agency concerned, the Mayor/Do Governor, and the head of a local administrative agency under his/her jurisdiction upon confirmation of the execution plan. The same shall apply to any revision of the execution plan under Article 9-3. <Amended by Act No. 10988, Aug. 4, 2011; Act No. 14750, Mar. 21, 2017> |
[This Article Wholly Amended by Act No. 9571, Apr. 1, 2009]
| Article 9 (Operation Plan) |
| (1) | According to the execution plan informed under Article 8 (2), the Mayor/Do Governor and the head of a local administrative agency under the jurisdiction of the head of a central administrative agency shall establish an operation plan on affairs under their jurisdiction and confirm it upon approval of the head of a central administrative agency. <Amended by Act No. 14750, Mar. 21, 2017> |
| (2) | The Mayor/Do Governor shall notify the head of a Si/Gun/autonomous Gu of the operation plan confirmed under paragraph (1). The same shall apply to any revision of the operation plan under Article 9-3. <Amended by Act No. 10988, Aug. 4, 2011> |
[This Article Wholly Amended by Act No. 9571, Apr. 1, 2009]
| Article 9-2 (Implementation Plan) |
| (1) | According to the operation plan informed under Article 9 (2), the head of a Si/Gun/autonomous Gu shall establish an implementation plan on the affairs under his/her jurisdiction and confirm it upon approval of the Mayor/Do Governor. |
| (2) | The head of an enterprise requiring intensive management designated under Article 11 (1) shall establish the implementation plan on notified affairs and obtain approval of the competent Minister. |
[This Article Wholly Amended by Act No. 9571, Apr. 1, 2009]
| Article 9-3 (Revision of Basic Plan, etc.) |
| (1) | When it is necessary to revise the basic plan referred to in Article 7, the execution plan in Article 8, the operation plan in Article 9 or the implementation plan in Article 9-2 (1) (hereafter in this Article referred to as “basic plan, etc.”) due to changes in conditions for the plans, etc. or other reasons, a draft of change shall be prepared and approved by those with approval authority for the basic plan, etc. In such case, the same procedures as the development procedures of the basic plan, etc. shall be applied. |
| (2) | Notwithstanding paragraph (1), where the head of a central administrative agency makes a request or the Prime Minister intends to revise minor matters of the basic plan, etc. in accordance with Presidential Decree ex officio, he/she may do so without the deliberation of the State Council and the approval of the President. In this case, the head of a central administrative shall have consultation with the Minister of the Interior and Safety before making a request for the revision of a minor matter. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14750, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017> |
| (3) | Notwithstanding paragraph (1), where a person who is authorized to develop an execution plan, operation plan or implementation plan referred to in Article 8, 9 or 9-2 (1) intends to revise minor matters of a relevant plan in accordance with Presidential Decree, he/she may make the revision without obtaining approval of a person with corresponding approval authority. |
| (4) | A person who is authorized to develop the basic plan, etc. shall, when he/she has revised the basic plan, etc. under paragraphs (2) and (3), report such fact to a person with corresponding approval authority without delay. |
| (5) | The head of an enterprise designated to be subject to intensive management under Article 11 (1) shall, when he/she receives an order for implementation plan revision from the competent Minister or when it is necessary to revise an implementation plan prepared under Article 9-2 (2) due to other reasons, prepare a draft of change and obtain approval thereof from the competent Minister. |
[This Article Added by Act No. 10988, Aug. 4, 2011]
| Article 10 (Investigation, etc. of Resources) |
| (1) | The head of a central administrative agency, a local administrative agency under the jurisdiction of a central administrative agency, and Mayor/Do Governor (hereinafter referred to as the “head of emergency preparation administrative agency) which performs emergency preparedness-related affairs may, where deemed necessary to formulate, prepare, and execute the plan concerning the efficient use of resources, such as human resources and goods, have any of the following persons perform the relevant affairs, as prescribed by Presidential Decree: <Amended by Act No. 14750, Mar. 21, 2017> |
| 1. | Public officials under his/her jurisdiction: Investigation of actual conditions of human resources or material resources; |
| 2. | Target human resources, owners of the materials subject to management (if the owners of materials cannot be identified, it shall include those who possess the material resources in their title; hereinafter the same shall apply), and the presidents of the enterprises: Filing a report on the necessary matters. |
| (2) | The head of an administrative agency, upon issuing or revoking technical qualifications and licenses under the National Technical Qualifications Act or other statutes, shall notify the head of an Eup/Myeon/Dong having jurisdiction over the residence of the person concerned of such issuance or revocation without delay: Provided, That where an agency or organization prescribed by Presidential Decree in compliance with the National Technical Qualifications Act or other statutes is entrusted with the duties of examining and managing qualifications and licenses, the head of the relevant agency or organization shall issue a notification. <Amended by Act No. 14750, Mar. 21, 2017> |
| (3) | The head of an emergency preparation administrative agency who performs emergency preparedness-related affairs may, upon receipt of a request made by the head of a relevant agency, have the public officials under his/her jurisdiction participate in the investigation provided for in paragraph (1) 1. <Amended by Act No. 14750, Mar. 21, 2017> |
| (4) | Investigations provided for in paragraph (1) 1 shall be performed in a way that does not disturb people engaged in their work or corporate activities. <Amended by Act No. 14750, Mar. 21, 2017> |
| (5) | In cases of paragraph (1) 1, the public official concerned who performs the investigation shall carry a certificate indicating his/her authority to interested persons in advance. <Amended by Act No. 14750, Mar. 21, 2017> |
[This Article Wholly Amended by Act No. 9571, Apr. 1, 2009]
| Article 10-2 (Computerization of Management of Emergency Resources) |
| (1) | When it is deemed necessary for the efficient management and utilization of human resources and material resources, the Minister of the Interior and Safety may establish and operate an information system. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | The Minister of the Interior and Safety may collect, manage and retain the data which are necessary for the establishment and operation of an information system referred to in paragraph (1), and to this end, he/she may make a request for the provision of relevant information to an organization or enterprise in any of the following subparagraphs which manages or retains the data related to human resources or material resources. In such case, an organization or enterprise which receives a request for information provision shall accept such request unless there is good cause to the contrary. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| 1. | Central administrative agencies; |
| 3. | Enterprises subject to intensive management designated under Article 11 (1); |
| (3) | The Minister of the Interior and Safety shall implement security measures of which safety has been confirmed by the Director of the National Intelligence Service in order to prevent the damage to or leakage of the data in the information system referred to in paragraph (1) as well as to secure its reliability, and the Director of the National Intelligence Service may check whether those security measures have been implemented or not. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Added by Act No. 10988, Aug. 4, 2011]
| Article 11 (Designation of Resources Subject to Priority Management) |
| (1) | The competent Minister may, where deemed necessary to efficiently perform emergency preparedness-related affairs, designate human resources, goods, or enterprises requiring intensive management from among the human resources and material resources, as prescribed by Presidential Decree. |
| (2) | When the competent Minister has designated human resources, goods, or enterprises requiring intensive management under paragraph (1), he/she shall forward to the designated persons, owners of the materials, or heads of the enterprises, a written notice stating the designation and the duties attendant thereon. |
| (3) | When the human resources, material resources, or enterprises designated for intensive management under paragraph (1) become ill-suited to perform emergency preparedness-related affairs due to their death, aging or bankruptcy, the competent Minister shall cancel their designation as prescribed by Presidential Decree and alternatively designate other human resources, material resources, or enterprises. <Added by Act No. 11340, Feb. 22, 2012> |
| (4) | The head of an emergency preparation administrative agency shall ascertain and check out whether human resources, material resource supplies, or enterprises under his/her jurisdiction designated for intensive management under paragraph (1) is appropriate for conducting emergency preparedness-related affairs in accordance with Presidential Decree. <Added by Act No. 14750, Mar. 21, 2017> |
[This Article Wholly Amended by Act No. 9571, Apr. 1, 2009]
| Article 12 (Preparedness Measures for Designated Enterprises, etc.) |
The competent Minister shall have the owner of materials or the head of an enterprise designated under Article 11 take any of the following preparedness measures necessary to perform emergency preparedness-related business affairs, in consideration of his/her capabilities, as prescribed by Presidential Decree: <Amended by Act No. 11340, Feb. 22, 2012> | 1. | Reinforcement and expansion of facilities; |
| 2. | Training of technical personnel and development of technology (including prototype production). |
[This Article Wholly Amended by Act No. 9571, Apr. 1, 2009]
| Article 12-2 (Designation, etc. of Emergency Preparedness Officer) |
| (1) | Each of the following agencies shall have an emergency preparedness officer to prepare for emergencies: |
| 1. | Agencies which handle the administrative affairs of the National Assembly, courts, Constitutional Court, and National Election Commission; |
| 2. | Central administrative agencies and local administrative agencies under their jurisdiction, agencies under the control of the President, and agencies under the control of the Prime Minister; |
| 3. | The Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, a Special Self-Governing Province (hereinafter referred to as "City/Do"), and the Metropolitan and Provincial Offices of Education. |
| (2) | The Prime Minister, where deemed necessary, may designate an enterprise designated under Article 11 as an enterprise eligible for an appointment as an emergency preparedness officer, as prescribed by Presidential Decree. |
| (3) | The head of an enterprise designated pursuant to paragraph (2) shall appoint an emergency preparedness officer, and ensure appropriate working conditions for the emergency preparedness officer. |
| (4) | An emergency preparedness officer (excluding an emergency preparedness officer at the agencies determined by Presidential Decree among those in each of the subparagraphs of paragraph (1)) shall be appointed from among those who meet the qualification requirements set by Presidential Decree and have passed a test administered by the Minister of the Interior and Safety. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (5) | The Prime Minister may cancel the designation of an enterprise which has been designated pursuant to paragraph (2) when any ground for cancellation prescribed by Presidential Decree has taken place, such as the bankruptcy or merger of the enterprise, etc. |
| (6) | Matters necessary for the selection test and appointment of an emergency preparedness officer shall be determined by Presidential Decree. |
[This Article Added by Act No. 11340, Feb. 22, 2012]
| Article 12-3 (Guidance to and Examination of Emergency Preparedness Officer) |
| (1) | The Minister of the Interior and Safety may provide guidance to an emergency preparedness officer at the agencies referred to in Article 12-2 (1) 2 and 3 with regard to the performance of his/her duties, and the competent Minister may provide such guidance to an emergency preparedness officer at the enterprises under his/her control. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | The head of an agency with an emergency preparedness officer may request that the Minister of the Interior and Safety examine whether an emergency preparedness officer at his/her agency is performing his/her duty appropriately: Provided, That in the case of an emergency preparedness officer of an enterprise, such examination request shall be made by the competent Minister to the Minister of the Interior and Safety, or by the head of an enterprise to the Minister of the Interior and Safety through the competent Minister. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | Matters necessary for the guidance and examination referred to in paragraphs (1) and (2) shall be determined by Presidential Decree. |
[This Act Added by Act No. 11340, Feb. 22, 2012]
| (1) | The Government shall stockpile necessary materials in preparation for emergencies. |
| (2) | Where the competent Minister deems it necessary for efficiently preparing for emergencies, he/she may have the owner of materials or the head of an enterprise designated under Article 11 stockpile materials required, upon approval by the President within the scope of stockpiles for three months, taking into account his/her capabilities. |
| (3) | When materials stockpiled under paragraphs (1) and (2) do not satisfy the purpose of stockpiling due to such reasons as loss of their function or development of alternative products with more excellent performance or technology development, the competent Minister may release their stockpile. |
| (4) | The owner of materials stockpiled under paragraph (2) or the head of an enterprise shall report to the competent Minister on the item, size, quantity, replacement and management status of materials stockpiled and other matters concerning the stockpile. |
| (5) | The competent Minister shall report to the Prime Minister on the items, size, quantity, replacement and management status of materials stockpiled under paragraphs (1) and (2) and other matters concerning the stockpile. |
| (6) | The Prime Minister or the competent Minister may confirm or check out the actual conditions of the stockpile and management of materials stockpiled under paragraphs (1) and (2) and may request measures on any matter which needs to be corrected or supplemented as a result of such confirmation or checkup and then verify whether such matter is corrected or supplemented. |
| (7) | Materials subject to stockpile provided for in paragraphs (1) through (6), and matters necessary for the management of stockpiled materials and the release of stockpiles, reports on actual conditions, confirmations, checks, etc., shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9571, Apr. 1, 2009]
| Article 13-2 (Participation of Human Resources and Use of Materials) |
| (1) | Where a united defense incident is declared under Article 12 of the United Defense Act (hereinafter referred to as “united defense incident”), the competent Minister may make a request for the participation of those designated under Article 11 and the owners of materials, or for their cooperation on the use of materials, if necessary for the protection of people’s life, body or property from damage. |
| (2) | The request referred to in paragraph (1) shall be confined to human resources and materials for which consent was gained for their participation and use in advance at the time of their designation under Article 11. |
| (3) | Matters necessary concerning the participation of human resources and the use of materials other than the provisions prescribed in paragraphs (1) and (2) shall be determined by Presidential Decree. |
[This Article Added by Act No. 11340, Feb. 22, 2012]
| Article 13-3 (Use of Stockpiled Materials) |
| (2) | Matters necessary for the use of stockpiled materials under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Added by Act No. 9571, Apr. 1, 2009]
| Article 13-4 (Compensation) |
A reasonable compensation shall be made for the participation of human resources and the use of materials referred to in Article 13-2 and for the use of stockpiled materials referred to in Article 13-3 as prescribed by Presidential Decree. [This Article Added by Act No. 11340, Feb. 22, 2012]
CHAPTER IV EMERGENCY PREPAREDNESS EDUCATION AND TRAINING
| Article 13-5 (Emergency Preparedness Education) |
| (1) | The Minister of the Interior and Safety may conduct emergency preparedness education by cooperating with the competent Minister, the Mayor/Do Governor, and the superintendent of education. <Amended by Act No. 11340, Feb. 22, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | Any of the following persons shall receive emergency preparedness education: <Amended by Act No. 11340, Feb. 22, 2012> |
| 1. | Emergency preparedness officers at central administrative agencies and the local administrative agencies under their jurisdiction, City/Do and the Metropolitan and Provincial Offices of Education; |
| 2. | Professors in charge of emergency preparedness education at educational institutions for public officials; |
| 3. | Emergency preparedness officers at enterprises requiring intensive management; |
| 4. | Emergency preparedness officers at agencies other than those identified in subparagraph 1 (This shall apply only if a request is made for the participation in education). |
| (3) | Matters necessary for emergency preparedness education, other than those provided for in paragraphs (1) and (2), shall be prescribed by Presidential Decree. |
[This Article Added by Act No. 9571, Apr. 1, 2009]
| Article 14 (Execution of Training) |
| (1) | Where deemed necessary to efficiently perform emergency preparedness-related business affairs, the Government may arrange training sessions by a national or regional group or sectional group, as prescribed by Presidential Decree. |
| (2) | Training execution orders by national or regional group related to at least two Ministries shall be issued by the Prime Minister after obtaining approval of the President with regard to the methods and periods of the training. |
| (3) | Training execution orders by national or regional group related to one Ministry shall be issued by the competent Minister after obtaining approval of the Prime Minister with regard to the methods and periods of the training. |
[This Article Wholly Amended by Act No. 9571, Apr. 1, 2009]
| Article 15 (Subject Matter of Training) |
The subject matters of training shall be human resources, materials, and enterprises designated under Article 11: Provided, That those determined by Presidential Decree shall be exempted from such training. [This Article Wholly Amended by Act No. 9571, Apr. 1, 2009]
| Article 16 (Methods and Periods of Training) |
| (1) | Training shall be divided into real training and map training based on documents which are executed accordingly. |
| (2) | The period of training shall not exceed seven days per year: Provided, That the same shall not apply in cases of training for prototype production and map training. |
| (3) | Training shall not be executed during a presidential election period, an election period for the National Assembly members, local council members, and the heads of local governments due to expiry of their tenures. |
[This Article Wholly Amended by Act No. 9571, Apr. 1, 2009]
| Article 17 (Issuance, etc. of Training Notice) |
| (1) | If a training execution order is issued under Article 14, the Mayor/Do Governor or the head of a local administrative agency under the jurisdiction of the competent Minister shall issue a training notice to the person, the owner of materials or the head of an enterprise who shall receive such training in advance, as prescribed by Presidential Decree: Provided, That in the absence of the person in question, the notice shall be issued to the head of the same household or any adult among family members, the custodian of materials, or the executive officer or the staff of the enterprise. |
| (2) | Any person who receives a training notice in lieu of the person in question pursuant to the proviso to paragraph (1) shall deliver such notice to the person in question without delay. |
[This Article Wholly Amended by Act No. 9571, Apr. 1, 2009]
| Article 18 (Simultaneous Management Training) |
| (1) | If the Government deems it necessary for efficiently performing emergency preparedness-related business affairs, it may carry out simultaneous training activities involving the following material resources and human resources engaged in handling such material resources: |
| 1. | Production, repair and processing facilities of materials; |
| 2. | Automobiles, ships, airplanes, construction equipment, dredging vessels, and loading and unloading equipment; |
| 3. | Private telecommunications facilities and business telecommunications facilities; |
| 4. | Broadcasting and printing facilities; |
| (2) | In cases of paragraph (1), the competent Minister who is in charge of the affairs on the management of material resources shall issue a training execution order with approval of the Prime Minister. |
| (3) | If a training execution order under paragraph (2) has been issued, the Mayor/Do Governor or the head of a local administrative agency under the jurisdiction of the competent Minister shall deliver a training notice in advance, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9571, Apr. 1, 2009]
| Article 19 (Obligation to Attend, etc.) |
| (1) | Any person who receives a notice of a manpower training shall, unless any ground falling under any of the following subparagraphs exists, attend on a date and at a place designated as specified in the training notice, and follow the instructions of the public official concerned in connection with his/her duties: <Amended by Act Nos. 14183 & 14184, May 29, 2016> |
| 1. | Where he/she cannot attend due to illness or physical or mental disabilities; |
| 3. | Where he/she is detained or is under care and custody or is under execution of a punishment; |
| 4. | Where his/her lineal ascendant or descendant, spouse or cohabitant family member is in a critical condition or deceases and he/she must arrange for a funeral or take other follow-up services; |
| 5. | Where he/she is currently travelling abroad; |
| 6. | Where he/she is summoned for a military force mobilization training or call for military education under the Military Service Act or for the mobilization or training of reserve forces under the Reserve Forces Act; |
| 7. | Where he/she cannot attend due to any unavoidable cause other than those provided for in subparagraphs 1 through 6. |
| (2) | Any person who receives a notice of material resources training shall, unless any of the following grounds exists, submit such materials to the designated person on a date and at a place designated as specified in the training notice: Provided, That for materials which are real estate and rights, he/she shall have a person designated in the training notice to personally carry documents be inspected and make them available for perusal until the designated period: |
| 2. | Where the owner of the materials to be used in the course of such training or the head of an enterprise to receive the training is declared bankrupt by the court; |
| 3. | Where it is difficult to submit the materials to be used in the course of the training on a date and at a place designated due to traffic paralysis caused by natural disasters, destruction of roads, bridges, etc. or other reasons; |
| 4. | Where it is impossible to submit materials or carry documents due to any unavoidable cause other than matters provided for in subparagraphs 1 through 3. |
[This Article Wholly Amended by Act No. 9571, Apr. 1, 2009]
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 20 (Job Guarantee) |
No employer shall, if his/her employee participates in training, deem that the period of training falls within the period of the employee’s annual leave or give unfavorable treatment to them under the pretense that they participated in the training.
[This Article Wholly Amended by Act No. 9571, Apr. 1, 2009]
| Article 21 (Compensation and Medical Treatment) |
[This Article Wholly Amended by Act No. 9571, Apr. 1, 2009]
| Article 22 (Compensation for Actual Expenses) |
Any person who participates in training shall be reimbursed for traveling expenses and other actual and necessary subsistence expenses incurred, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9571, Apr. 1, 2009]
| Article 23 (Compensation and Extinctive Prescription of Claim for Compensation) |
| (1) | The Government shall give due compensation to any person who suffers financial loss due to training, as prescribed by Presidential Decree: Provided, That where materials to be used in the course of such training which are State property or public properties are lost, destroyed or damaged, the Government shall not compensate their owners. |
| (2) | The claim for compensation under paragraph (1) shall be extinguished by prescription if it is not exercised within five years from the date on which such loss occurs. |
[This Article Wholly Amended by Act No. 9571, Apr. 1, 2009]
| Article 24 (Subsidies, etc.) |
The Government may fully or partially subsidize expenses incurred by the owner of materials or the head of an enterprise to take the necessary measures under this Act, or may lend such amounts thereto, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9571, Apr. 1, 2009]
| Article 25 (Cooperation of Agency Concerned) |
| (1) | The head of an agency or the head of an enterprise who performs emergency preparedness-related affairs may request necessary cooperation, such as submission of documents from the relevant administrative agency or public organization, if he/she deems it necessary for performing his/her duties. |
| (2) | The Minister of the Interior and Safety may, where deemed necessary for performing emergency preparedness-related affairs during the period of training, consult with the head of a relevant emergency preparedness agency to request him/her to dispatch employees under his/her jurisdiction. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | The relevant administrative agency or public organization shall, upon receipt of a request provided for in paragraphs (1) and (2), comply with such request unless there is a compelling reason not to do so. |
[This Article Wholly Amended by Act No. 9571, Apr. 1, 2009]
| Article 25-2 (Confirmations or Checkup) |
| (1) | The Minister of the Interior and Safety or a central administrative agency, local administrative agency under the jurisdiction of a central administrative agency and City/Do (hereinafter referred to as an “emergency preparation administrative agency”) may confirm or check out the actual status of performance of emergency preparedness-related affairs of the administrative agency which performs emergency preparedness-related affairs and the enterprise requiring intensive management. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14750, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017> |
| (2) | Where any matters deemed to require corrective measures as a result of the confirmation or checking of emergency preparedness-related affairs exist, the Minister of the Interior and Safety or the competent Minister may request the emergency preparation administrative agency which performs emergency preparedness-related affairs under paragraph (1) and the head of the enterprise requiring intensive management to take corrective or supplementary measures. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14750, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017> |
| (3) | Matters necessary for the confirmation or checking of emergency preparedness-related affairs, other than those provided for in paragraphs (1) and (2), shall be prescribed by Presidential Decree. |
[This Article Added by Act No. 9571, Apr. 1, 2009]
| Article 26 (Confidentiality Obligation) |
The person who was or is engaged in emergency preparedness-related affairs under this Act shall not reveal confidential information he/she has become aware of in the course of performing duties, and shall not take advantage of such information, except for the purpose of enforcing this Act.
[This Article Wholly Amended by Act No. 9571, Apr. 1, 2009]
| Article 27 (Relationship with other Training) |
| (1) | The military force mobilization training and the call for military education under the Military Service Act, for the target human resources provided for in Article 2, shall take priority over the training under this Act. <Amended by Act No. 14183, May 29, 2016> |
| (3) | The mobilization and training of reserve forces under the Reserve Forces Act shall take priority over the training under this Act: Provided, That simultaneous management training provided for in Article 18 shall take priority over the mobilization and training of reserve forces under the Reserve Forces Act. <Amended by Act No. 14184, May 29, 2016> |
[This Article Wholly Amended by Act No. 9571, Apr. 1, 2009]
| Article 28 Deleted. <by Act No. 6373, Jan. 16, 2001> |
CHAPTER VI PENALTY PROVISIONS
| Article 29 (Penalty Provisions) |
Any person who violates Article 26 shall be punished by imprisonment with labor for not more than three years, the suspension of qualification for not more than five years, or by a fine not exceeding 30 million won. <Amended by Act No. 13061, Jan. 20, 2015> [This Article Wholly Amended by Act No. 9571, Apr. 1, 2009]
| Article 30 (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 10 million won: <Amended by Act No. 13061, Jan. 20, 2015>
| 1. | A person who fails to perform the duty to attend notwithstanding the existence of grounds falling under the subparagraphs of Article 19 (1) and (2); |
| 2. | A person who violates Article 20. |
[This Article Wholly Amended by Act No. 9571, Apr. 1, 2009]
| Article 31 (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 five million won: <Amended by Act No. 13061, Jan. 20, 2015>
| 1. | A person who refuses, obstructs or evades an investigation under Article 10 (1), or fails to file a report or makes a false report; |
| 2. | A person who refuses to receive a written notice stating the designation and the duties attendant thereon, of resources requiring intensive management under Article 11 (2) without good cause, or makes it invalid by damaging the notice or by any other means; |
| 3. | Where any person, in spite of his/her obligations to receive or deliver a training notice under Article 17 refuses to receive or fails to deliver it (including where he/she delays such delivery) without good cause, or where he/she makes it invalid by damaging the notice or by any other means. |
[This Article Wholly Amended by Act No. 9571, Apr. 1, 2009]
| Article 31-2 (Penalty Provisions) |
Any person who fails to appoint an emergency preparedness officer in violation of Article 12-2 (3) shall be punished by a fine not exceeding ten million won. [This Article Added by Act No. 14750, Mar. 21, 2017>
| Article 32 (Penalty Provisions) |
Any of the following persons shall be subject to a fine not exceeding five million won: <Amended by Act No. 11340, Feb. 22, 2012>
| 1. | A person who violates an order to take preparedness measures under Article 12; |
| 2. | Deleted; <by Act No. 14750, Mar. 21, 2017> |
| 3. | A person who violates an order to stockpile materials under Article 13 (2). |
[This Article Wholly Amended by Act No. 9571, Apr. 1, 2009]
| Article 33 (Administrative Fines) |
| (1) | Any of the following persons shall be punished by an administrative fine not exceeding one million won: |
| 1. | A person who fails to make a report under Article 13 (4) without good cause; |
| 2. | A person who refuses, obstructs or evades the confirmation or checkup, or corrective or complimentary measures as a result of such confirmation or checkup under Article 13 (6) without good cause. |
| (2) | Administrative fines under paragraph (1) shall be imposed and collected by the competent Minister. |
[This Article Added by Act No. 9571, Apr. 1, 2009]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Relationship with Resident Registration Act) Article 3 (Transitional Measures)
Plans for the management of resources and preparedness measures formulated under the Regulations concerning the Operation of Resources, etc., effective as at the time this Act enters into force, shall be deemed a plan for emergency resources management and emergency preparedness measures under this Act, and shall be deemed prepared respectively under this Act.
Article 4 (Transitional Measures concerning Emergency Planning Committee)
The Emergency Planning Committee under the jurisdiction of the National Security Council pursuant to the previous Regulations of the Emergency Planning Committee, effective as at the time this Act enters into force, shall be regarded as the Emergency Planning Committee under this Act.
ADDENDA <Act No. 4561, Jun. 11, 1993>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1994.
Articles 2 through 9 Omitted.
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.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 5543, May 25, 1998>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
ADDENDUM <Act No. 6373, Jan. 16, 2001>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 7217, Sep. 23, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Act No. 8410, Apr. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Change of Name of Committee)
The duties performed by the Emergency Planning Committee before this Act enters into force and the duties under the jurisdiction of the Emergency Planning Committee at the time this Act enters into force shall be succeeded by the National Emergency Planning Commission and the members and officials under the jurisdiction of the Emergency Planning Committee at the time this Act enters into force shall be deemed those under the jurisdiction of the National Emergency Planning Commission.
Article 3 Omitted.
Article 4 (Relationship with other Statutes)
References to the Emergency Planning Committee in other statutes at the time this Act enters into force shall be deemed references to the National Emergency Planning Commission under this Act.
ADDENDA <Act No. 8876, Feb. 29, 2008>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures) The officials under the jurisdiction of the National Emergency Planning Commission at the time this Act enters into force shall be deemed those under the jurisdiction of the Ministry of Public Administration and Security. |
ADDENDA <Act No. 9571, Apr. 1, 2009>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Applicability) The proviso to Article 23 (1) and the amended provisions of Article 23 (2) shall first apply to those who suffer financial loss due to training after this Act enters into force. |
ADDENDA <Act No. 10988, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Basic Plan, etc.)
The basic plan guidance and basic plan under the previous provisions of Article 7 at the time this Act enters into force shall be regarded as the basic guidance and basic plan under the revised provisions of Articles 6-2 and 7.
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. 11340, Feb. 22, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Emergency Preparedness Officer)
Emergency preparedness officers in active service at the time this Act enters into force shall be regarded as emergency preparedness officers appointed under the revised provisions of Article 12-2.
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. 11994, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Act No. 12205, 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. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 13061, Jan. 20, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14183, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
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. 14750, Mar. 21, 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 among Acts to be amended under Article 5 of the Addenda, amendments to Acts, which were promulgated before this Act enters into force, but the enforcement dates of which have not arrived, shall enter into force on the enforcement date of the relevant Acts.
Articles 2 through 6 Omitted.