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ENFORCEMENT DECREE OF THE ACT ON COUNTER-TERRORISM FOR THE PROTECTION OF CITIZENS AND PUBLIC SECURITY

Presidential Decree No. 27203, May 31, 2016

Amended by Presidential Decree No. 27971, Mar. 29, 2017

Presidential Decree No. 28211, Jul. 26, 2017

CHAPTER I GENERAL PROVISIONS AND NATIONAL COUNTER-TERRORISM ORGANIZATION
 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Act on Counter-Terrorism for the Protection of Citizens and Public Security and matters necessary for the enforcement thereof.
 Article 2 (Scope of Related Agencies)
"Agency prescribed by Presidential Decree" defined in subparagraph 7 of Article 2 of the Act on Counter-Terrorism for the Protection of Citizens and Public Security (hereinafter referred to as the "Act") means the following institution or organization:
2. A local government-directly operated enterprise, a local government-invested public corporation, or a local government public corporation which performs any business set forth in Article 2 (1) 1 through 4 of the Local Public Enterprises Act.
 Article 3 (Organization of National Counter-Terrorism Commission)
(1) "Persons prescribed by Presidential Decree" defined in Article 5 (2) of the Act means the Minister of Strategy and Finance, the Minister of Foreign Affairs, the Minister of Unification, the Minister of Justice, the Minister of National Defense, the Minister of the Interior and Safety, the Minister of Trade, Industry and Energy, the Minister of Health and Welfare, the Minister of Environment, the Minister of Land, Infrastructure, and Transport, the Minister of Oceans and Fisheries, the Director of the National Intelligence Service, the Minister of the Office for Government Policy Coordination, the Chairman of the Financial Services Commission, the Chairman of the Nuclear Safety and Security Commission, the Chief of the Presidential Security Service, the Commissioner of the Korea Customs Service, and the Commissioner General of the Korean National Police Agency, the Administrator of the National Fire Agency, and the Commissioner of the Korea Coast Guard. <Amended by Presidential Decree No. 28211, Jul. 26, 2017>
(2) Where necessary for deliberation on any agenda item, the Chairperson of the National Counter-Terrorism Commission (hereinafter referred to as the "Chairperson") defined in Article 5 of the Act (hereinafter referred to as the "Counter-Terrorism Commission") may request the heads of related agencies or other related persons, other than the members set forth in paragraph (1), to attend a meeting of the Counter-Terrorism Commission.
(3) An executive secretary shall be appointed to handle the affairs of the Counter-Terrorism Commission, and he/she shall be the head of the Counter-Terrorism Center established under Article 6 of the Act (hereinafter referred to as the "Counter-Terrorism Center").
 Article 4 (Operation of Counter-Terrorism Commission)
(1) Meetings of the Counter-Terrorism Commission shall be convoked by the Chairperson where the Chairperson deems it necessary or where requested by a majority of the members of the Counter-Terrorism Commission (hereinafter referred to as "members").
(2) A majority of the members of Counter-Terrorism Commission shall constitute a quorum, and any resolution thereof shall be passed by the concurring vote of at least a majority of those present.
(3) No meeting of the Counter-Terrorism Commission shall be open to the public: Provided, That it may be open to the public following a resolution of the Counter-Terrorism Commission, if necessary.
(4) Except as otherwise expressly provided for in paragraphs (1) through (3), matters necessary for the operation of the Counter-Terrorism Commission shall be determined by the Chairperson following a resolution of the Counter-Terrorism Commission.
 Article 5 (Organization, etc. of Counter-Terrorism Working Committee)
(1) In order to operate the Counter-Terrorism Commission efficiently and to conduct specialized examination and prior coordination of agendas to be referred to the Counter-Terrorism Commission, the Counter-Terrorism Working Committee (hereinafter referred to as the "Working Committee") shall be established under the jurisdiction of the Counter-Terrorism Commission.
(2) The Working Committee shall have one chairperson, and the chairperson of the Working Committee shall be the head of the Counter-Terrorism Center.
(3) Persons appointed by heads of related agencies from among public officials in general service belonging to the Senior Executive Service (including public officials in special service and in extraordinary civil service) of the related agencies to which the members set forth in Article 3 (1) belong and institutions affiliated thereto shall be members of the Working Committee.
(4) Except as otherwise expressly provided for in paragraphs (1) through (3), matters necessary for the operation of the Working Committee shall be determined by the Chairperson following a resolution of the Counter-Terrorism Commission.
 Article 6 (Counter-Terrorism Center)
(1) The Counter-Terrorism Center shall deal with matters necessary for the efficient performance of national counter-terrorism activities, affairs necessary for the meetings and operation of the Counter-Terrorism Commission, etc.
(2) The head of the Counter-Terrorism Center may request the heads of related agencies to provide cooperation and assistance necessary to perform his/her duties.
CHAPTER II COUNTER-TERRORISM HUMAN RIGHTS PROTECTION OFFICER
 Article 7 (Qualifications and Term of Office of Counter-Terrorism Human Rights Protection Officer)
(1) A counter-terrorism human rights protection officer defined in Article 7 (1) of the Act (hereinafter referred to as "Human Rights Protection Officer") shall be commissioned by the Chairperson from among any of the following persons who are citizens of the Republic of Korea:
1. A person qualified as an attorney-at-law with working experience of at least ten years;
2. A person who has expert knowledge in the field of human rights and serves or has served as an associate professor or higher for at least 10 years in a school set forth in subparagraph 1 of Article 2 of the Higher Education Act;
3. A person experienced in the affairs related to human rights from among persons who have served as public officials of at least Grade III at State agencies or local governments;
4. A person experienced in the activities related to human rights for at least ten years, including working experience in a non-profit private organization, corporation, or international organization in the field of human rights.
(2) The term of office of the Human Rights Protection Officer shall be two years, and consecutive appointment is permitted.
(3) Except for the following cases, no Human Rights Protection Officer shall be removed contrary to his/her intention:
1. Where he/she falls under any ground for disqualification set forth in the subparagraphs of Article 33 of the State Public Officials Act;
2. Where he/she is indicted in a criminal case related to his/her duties;
3. Where he/she divulges any confidential information he/she becomes aware of in the course of performing his/her duties;
4. Other cases where there occurs any extraordinary ground that prevents him/her from performing the duties of the Human Rights Protection Officer continuously due to long-term mental or physical incapacity.
 Article 8 (Duties, etc. of Human Rights Protection Officer)
(1) The Human Rights Protection Officer shall perform the following duties:
1. Providing counselling and recommendations for improvement concerning the protection of human rights involved in agenda items related to the policies and systems of related agencies for counter-terrorism to be referred to the Counter-Terrorism Commission;
2. Processing civil petitions related to the infringement of human rights as a consequence of counter-terrorism activities;
3. Other activities for protection of human rights, such as educating related agencies on human rights.
(2) The Human Rights Protection Officer shall process a civil petition referred to in paragraph (1) 2 within two months from the date it is received: Provided, That where it is impracticable to process it within the fixed period in extenuating circumstances, he/she shall notify the civil petitioner of the ground therefor and processing plan.
(3) The Chairperson may provide the Human Rights Protection Officer with necessary administrative and financial support for his/her efficient performance of duties.
(4) The Counter-Terrorism Commission may establish a support organization to support the Human Right Protection Officer in performing his/her duties, and may request the dispatch of public officials belonging to related central administrative agencies, if necessary.
 Article 9 (Recommendation for Correction)
(1) Where there is a good reason to recognize the existence of any infringement on human rights in the course of performing his/her duties defined in Article 8 (1), the Human Rights Protection Officer may recommend the head of the related agency to correct it after reporting thereon to the Chairperson.
(2) Upon receipt of a recommendation under paragraph (1), the head of the related agency shall notify the Human Rights Protection Officer of the results of the management thereof.
 Article 10 (Strict Observance of Confidentiality)
(1) The Human Rights Protection Officer shall maintain the strict confidentiality of information he/she becomes aware of in the course of performing his/her duties, during his/her term of office or after retirement.
(2) Where the Human Rights Protection Officer intends to give any testimony or statement about the confidential information related to his/her duties as a witness, testifier, appraiser, or party to a case under any statute, he/she shall obtain approval from the Chairperson in advance.
CHAPTER III EXCLUSIVE ORGANIZATIONS
 Article 11 (Exclusive Organizations)
(1) Exclusive organizations defined in Article 8 of the Act (hereinafter referred to as "exclusive organizations") shall be the following specialized organizations (including consultative bodies) organized jointly by related agencies or established by the head of a related agency to prevent and take countermeasures against terrorism in accordance with the provisions of Articles 12 through 21:
1. Local counter-terrorism council;
2. Airport/harbor counter-terrorism council;
3. Terrorist incident countermeasures headquarters;
4. Field command center;
5. Counter CBR terrorism support center;
6. Support center for recovery from terrorism;
7. Counter-terrorism special forces;
8. Counter-terrorism rescue team;
9. Terrorism Information Integration Center;
10. Counter-terrorism joint investigation team.
(2) In addition to the exclusive organizations set forth in the subparagraphs of paragraph (1), if necessary to prevent and take countermeasures against terrorism, the head of a related agency may designate and operate a subordinate organization that performs counter-terrorism duties exclusively.
 Article 12 (Local Counter-Terrorism Council)
(1) A local counter-terrorism council shall be established in each Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, Special Self-Governing Province (hereinafter referred to as "City/Do") for holding consultations on terrorism prevention activities among related agencies located in the relevant region.
(2) The head of the branch of the National Intelligence Service having jurisdiction over the relevant region (in cases of the Special Metropolitan City, referring to the head of the Counter-Terrorism Center; hereinafter the same shall apply) shall be the chairperson of the local counter-terrorism council, and the following persons shall be members thereof: <Amended by Presidential Decree No. 28211, Jul. 26, 2017>
1. Persons appointed by the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, and a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") from among public officials corresponding to Grade B public officials belonging to the Senior Executive Service, or public officials of Grade III in charge of counter-terrorism affairs in Cities/Dos;
2. Persons appointed by the heads of related agencies from among public officials corresponding to Grade B public officials belonging to the Senior Executive Service, or public officials of Grade III in charge of counter-terrorism affairs in the local organization of the Ministry of Justice, the Ministry of Environment, the Ministry of Land, Infrastructure and Transport, the Ministry of Oceans and Fisheries, the National Intelligence Service, the Ministry of Food and Drug Safety, the Korea Customs Service, the Prosecutors' Office, the Korean National Police Agency, and the Korea Coast Guard;
3. The head of a military unit and the head of a defense security unit having jurisdiction over the region;
4. Persons appointed by the heads of related agencies and the managers or persons responsible for the guard and security of important national facilities, from among public officials in charge of counter-terrorism affairs at local organizations of related agencies deemed necessary by the chairperson of the local counter-terrorism council.
(3) A local counter-terrorism council shall deliberate and resolve on the following matters:
1. Plans to implement matters deliberated and resolved on by the Counter-Terrorism Commission;
2. Measures to prevent and take countermeasures against terrorist incidents in the relevant region, and to provide support for the ex post facto management thereof;
3. Analysis and evaluation of actual status of performing counter-terrorism affairs in the relevant region, and the improvement plan;
4. Matters necessary for cooperation among related agencies, such as training and inspections related to counter-terrorism in the relevant region;
5. Other matters necessary for the counter-terrorism activities in the relevant region.
(4) The head of a related agency shall notify the local counter-terrorism council of the outcomes of the execution of the matters deliberated and resolved on pursuant to paragraph (3), and the chairperson of the local counter-terrorism council shall report such results to the Counter-Terrorism Commission after compiling them.
(5) Detailed matters concerning the meetings and operation of a local counter-terrorism council shall be determined by the chairperson, taking regional circumstances into consideration, following a resolution by the local counter-terrorism council.
 Article 13 (Airport/Harbor Counter-Terrorism Council)
(1) An airport/harbor counter-terrorism council shall be established in each airport and harbor for holding consultations on matters concerning counter-terrorism activities in an airport or a harbor (referring to an international trade port prescribed in Article 3 (1) 1 of the Harbor Act; hereinafter the same shall apply) among related agencies.
(2) A person appointed by the Director of the National Intelligence Service from among the public officials belonging to the National Intelligence Service in charge of counter-terrorism affairs at the relevant airport/harbor shall be the chairperson of the airport/harbor counter-terrorism council, and the following persons shall be members thereof: <Amended by Presidential Decree No. 28211, Jul. 26, 2017>
1. The heads of institutions belonging to the Ministry of Justice, the Ministry of Agriculture, Food and Rural Affairs, the Ministry of Health and Welfare, the Ministry of Land, Infrastructure and Transport, the Ministry of Oceans and Fisheries, the Korea Customs Service, the Korean National Police Agency, the National Fire Agency, the Korea Coast Guard, the Defense Security Command which are stationed at the relevant airport or harbor;
2. The owners of the airport/harbor facilities and persons responsible for the guard and security thereof;
3. The heads of other institutions belonging to the related agencies the chairperson of the airport/harbor counter-terrorism council deems necessary.
(3) An airport/harbor counter-terrorism council shall deliberate and resolve on the following matters concerning the counter-terrorism activities in the relevant airport or harbor:
1. Plans to implement matters deliberated and resolved on by the Counter-Terrorism Commission;
2. Measures to protect facilities and equipment in the airport or harbor;
3. Measures to inspect passengers and hand luggage to prevent any acts of terrorism against aircraft or vessels;
4. A plan to establish a system for collecting and disseminating terrorism-related intelligence and for taking urgent countermeasures;
5. Measures for emergency response and ex post facto management when any terrorist incident occurs in the airport or harbor;
6. Other countermeasures against terrorism in the airport or harbor.
(4) The heads of related agencies shall notify the competent airport/harbor counter-terrorism council of the outcomes of the execution of the matters deliberated and resolved on pursuant to paragraph (3), and the chairperson of the airport/harbor counter-terrorism council shall report such results to the Counter-Terrorism Commission after compiling them.
(5) Detailed matters necessary for the operation of each airport/harbor counter-terrorism council shall be determined by the chairperson following a resolution by the relevant airport/harbor counter-terrorism council.
 Article 14 (Terrorist Incident Countermeasures Headquarters)
(1) Where any terrorist incident occurs or is highly likely to occur (in cases of an overseas terrorist incident, limited to where any urgent measures are required because any serious harm to a national of the Republic of Korea occurs or is likely to occur), the Minister of Foreign Affairs, the Minister of National Defense, the Minister of Land, Infrastructure and Transport, the Commissioner General of the Korean National Police Agency, and the Commissioner of the Korea Coast Guard shall establish and operate a counter-terrorism operations headquarters (hereinafter referred to as "countermeasures headquarters") according to the following category: <Amended by Presidential Decree No. 28211, Jul. 26, 2017>
1. The Minister of Foreign Affairs: Countermeasures headquarters for overseas terrorist incidents;
2. The Minister of National Defense: Countermeasures headquarters for military facility terrorist incidents;
3. The Minister of Land, Infrastructure, and Transport: Countermeasures headquarters for aviation terrorist incidents;
4. Deleted; <by Presidential Decree No. 28211, Jul. 26, 2017>
5. The Commissioner General of the Korean National Police Agency: Countermeasures headquarters for general domestic terrorist incidents;
6. The Commissioner of the Korea Coast Guard: Countermeasures headquarters for marine terrorist incidents.
(2) The head of a related agency who has established a countermeasures headquarters under paragraph (1) shall report such fact immediately to the Chairperson; and where at least two countermeasures headquarters are involved in the same incident, the Chairperson may designate an agency to establish a countermeasures headquarters, taking into consideration the nature, importance, etc. of the terrorist incident.
(3) The head of a related agency that establishes a countermeasures headquarters (in cases of a countermeasures headquarters for military facility terrorist incidents, referring to the Chairperson of the Joint Chiefs of Staff) shall be the head of the relevant countermeasures headquarters, and he/she shall command and control the countermeasure activities of the field command center to counter the incidents arising under Article 15.
(4) Detailed matters concerning the organization and operation of a countermeasures headquarters shall be determined by the head of the countermeasures headquarters.
 Article 15 (Field Command Center)
(1) Where any terrorist incident occurs, the head of a countermeasures headquarters may establish a field command center to take overall control of the countermeasure activities at the scene of the incident.
(2) The head of a field command center shall be appointed by the head of the countermeasures headquarters.
(3) The head of a field command center may organize a specialized organization necessary for the negotiation, suppression, rescue, first aid, fire-fighting, etc. in person or request the heads of related agencies to provide support thereto, taking into consideration the conditions, scale, field situation, etc. of the terrorism. In such cases, the heads of related agencies shall support the matters requested by the head of the field command center, except in extenuating circumstances.
(4) The head of a field command center shall command and take control of organizations of the related agencies (including counter-terrorism special forces, counter-terrorism rescue teams, special mission teams for counter CBR terrorism, and counter-terrorism joint investigation teams) dispatched to the scene.
(5) The head of a field command center may establish and operate an integrated situation room jointly with related agencies dispatched to the scene.
 Article 16 (Counter CBR Terrorism Support Centers, etc.)
(1) When any CBR terrorist incident occurs, the Minister of Health and Welfare, the Minister of Environment, and the Chairperson of the Nuclear Safety and Security Commission shall establish and operate counter CBR terrorism support centers for each field according to the following category to support the countermeasures headquarters:
1. The Minister of Health and Welfare: Field of countermeasures against biological terrorism;
2. The Minister of Environment: Field of countermeasures against chemical terrorism;
3. The Chairman of the Nuclear Safety and Security Commission: Field of countermeasures against radiological terrorism.
(2) A CBR terrorism support center shall perform the following duties:
1. Preparation of means to prevent diffusion of contamination and for decontamination when a terrorist incident occurs;
2. Mobilization and allocation of human resources specialized in CBR and resources;
3. Implementation of other matters necessary to support countermeasures against CBR terrorism.
(3) In order to support countermeasures of related agencies against CBR terrorism taken by a related agency, the Minister of National Defense may establish or designate a special task force for counter CBR terrorism, which performs the duties preventing contamination, decontamination, etc. following deliberation and resolution by the Counter-Terrorism Commission.
(4) Matters necessary for the establishment, operation, etc. of a counter CBR terrorism support center and a special task force for counter CBR terrorism shall be determined by the head of the relevant related agency.
 Article 17 (Support Center for Recovery from Terrorism)
(1) In order to support a countermeasures headquarters with regard to rescue, first aid, situational management, recovery, etc., the Minister of the Interior and Safety may establish and operate a support center for recovery from terrorism, when a terrorist incident occurs. <Amended by Presidential Decree No. 28211, Jul. 26, 2017>
(2) A support center for recovery from terrorism shall perform the following duties:
1. Matters concerning the mobilization and allocation of resources, etc. to support the situational management, recovery, etc., when a terrorist incident occurs;
2. Matters concerning the provision of support upon request of the countermeasures headquarters for cooperation;
3. Implementation of other matters necessary for the support, including recovery from terrorism.
 Article 18 (Special Counter-Terrorism Task Forces, etc.)
(1) In order to take swift countermeasures against terrorist incidents, the Minister of National Defense, the Commissioner General of the Korean National Police Agency, and the Commissioner of the Korea Coast Guard shall establish and operate special counter-terrorism task forces. <Amended by Presidential Decree No. 28211, Jul. 26, 2017>
(2) Where the Minister of National Defense, the Commissioner General of the Korean National Police Agency, and the Commissioner of the Korea Coast Guard intends to establish and operate special counter-terrorism task forces defined in paragraph (1), he/she shall require the deliberation and resolution by the Counter-Terrorism Commission. <Amended by Presidential Decree No. 28211, Jul. 26, 2017>
(3) The counter-terrorism special forces shall perform the following duties:
1. Suppressing domestic and overseas terrorist incidents in connection with the Republic of Korea or the citizens thereof;
2. Search and disposal of explosives related to terrorist incidents;
3. Support for guarding important persons and safe proceeding of major events of Sate;
4. Other activities for preventing and deterring terrorist incidents.
(4) The dispatch and suppression operation of the counter-terrorism special forces belonging to the Ministry of National Defense shall be conducted against terrorist incidents which have occurred in military facilities: Provided, That they may also support the counter-terrorism operation of the police conducted outside military facilities, if requested by the head of a countermeasures headquarters because urgent support is required due to the limit of the police forces.
(5) In order to be prepared for a situation where swift countermeasures of counter-terrorism special forces of the army are restricted, the Minister of National Defense may organize and operate counter-terrorism special forces of the army for each region. In such cases, paragraphs (2) through (4) shall apply mutatis mutandis to the organization, operation, and duties of the counter-terrorism special forces of the army.
 Article 19 (Counter-Terrorism Rescue Team)
(1) In order to save human lives and to provide rapid first aid assistance when a terrorist incident occurs, the Administrator of the National Fire Agency and Mayors/Do Governors shall establish and operate counter-terrorism rescue teams in the fire service headquarters of the central and local governments. <Amended by Presidential Decree No. 28211, Jul. 26, 2017>
(2) A counter-terrorism rescue team shall perform the following duties:
1. Taking measures at the early stage of terrorist incidents, saving human lives, and providing first aid assistance;
2. Prevention of contamination and taking measures for decontamination in the early stage of a CBR terrorist incident;
3. Support for safe proceeding of important events of Sate;
4. Support for prevention and inspection of factors vulnerable to terrorism.
 Article 20 (Terrorism Information Integration Center)
(1) For the integrated management of terrorism-related information, the Director of the National Intelligence Service shall establish and operate a Terrorism Information Integration Center comprised of public officials of related agencies.
(2) The Terrorism Information Integration Center shall perform the following duties:
1. Integrated management and analysis of domestic and overseas terrorism-related information and distribution thereof to related agencies;
2. Maintenance of a system for 24-hour notification of situations concerning terrorism;
3. Evaluation of signs of danger of terrorism;
4. Other matters necessary for the integrated management of terrorism-related information.
(3) The Director of the National Intelligence Service may request the heads of related agencies to provide cooperation necessary to perform his/her duties, such as dispatching public officials under their control and integrated management of terror information.
 Article 21 (Counter-Terrorism Joint Investigation Team)
(1) When any terrorist incident occurs or is highly likely to occur domestically or overseas, or when any terrorism-related intelligence or terrorism-related report is received, the Director of the National Intelligence Service may organize and operate a counter-terrorism joint investigation team jointly with related agencies (hereinafter referred to as "joint investigation team") for preventive measures, analysis of the incident, and preparation of a plan for ex post facto management, etc.
(2) Where a joint investigation team has conducted investigation after being dispatched to the scene, the Director of the National Intelligence Service shall notify the findings thereof to the head of the Counter-Terrorism Center.
(3) Notwithstanding paragraph (1), the Minister of National Defense may organize and operate a self investigative team for military facilities. In such cases, the Minister of National Defense shall notify the findings of the self investigation team to the head of the Counter-Terrorism Center.
CHAPTER IV PROCEDURES FOR COUNTERMEASURES AGAINST TERRORISM
 Article 22 (Issuance of Terror Alerts)
(1) Where the head of the Counter-Terrorism Center detects any sign of danger of terrorism, he/shall issue a terror alert following deliberation by the Working Committee on the necessity of the issuance of the terror alert, alert level, scope and period of the alert, etc.: Provided, That in emergency or when issuing a terror alert not more serious than caution prescribed in paragraph (2), the deliberation procedures of the Working Committee may be omitted.
(2) Terror alerts shall be classified into four levels, namely: attention, caution, alert, and serious.
(3) When the head of the Counter-Terrorism Center issues a terror alert, he/she shall report thereon to the Chairperson without delay, and notify it to related agencies.
(4) Except as otherwise expressly provided for in paragraphs (1) through (3), measures to be taken by related agencies in connection with the issuance of a terror alert and terror alerts shall be determined by the Chairperson following a resolution of the Counter-Terrorism Commission.
 Article 23 (Notification of Situation and Initial Measures)
(1) Where any terrorist incident occurs or any sign thereof, such as a terror threat, is detected, the head of the relevant agency shall notify the related situation and measures taken immediately to the heads of related agencies and the head of the Counter-Terrorism Center.
(2) Where any terrorist incident occurs, the head of the relevant agency shall promptly take the following initial measures to prevent escalation of the incident:
1. Control and preservation of the scene of the incident, and reinforced guarding thereof;
2. Emergency excavation, rescue, and first aid;
3. Requests for support to related agencies;
4. Other matters necessary to prevent escalation of the incident.
(3) In cases of a general domestic terrorist incident, the head of the police office having jurisdiction over the area where the terrorist incident occurs shall command and manage the intial measures referred to in paragraph (2) until a countermeasures headquarters is established.
 Article 24 (Countermeasures against Terrorist Incidents)
(1) Where necessary for the countermeasures against a terrorist incident, the head of a countermeasures headquarters shall maintain a system for notification of the situation and for countermeasures, and systematically implement the measures to be taken, by establishing a field command center.
(2) Where necessary for taking prompt countermeasures against a terrorist incident, the head of a countermeasures headquarters may request the heads of related agencies to provide human resources, equipment, etc. In such cases, the head of a related agency in receipt of such request shall comply therewith, except in extenuating circumstances.
(3) Where any overseas terrorist incident occurs and it is necessary to take government level countermeasures on the scene, the Minister of Foreign Affairs may organize an on-site countermeasure force jointly with related agencies and dispatch it to the scene.
(4) The head of a local government shall prepare plans to provide goods and convenience to support the countermeasure activities against terrorist incidents, plans to evacuate the local residents, etc.
CHAPTER V SAFETY MANAGEMENT MEASURES FOR PREVENTING TERRORISM
 Article 25 (Formulation of Safety Measures for Terrorist Target Facilities and Means of Terrorism)
(1) "Key national facilities prescribed by Presidential Decree and facilities and equipment used by many people" defined in Article 10 (1) of the Act (hereinafter referred to as "terrorist target facilities") means the following facilities: <Amended by Presidential Decree No. 27971, Mar. 29, 2017>
1. Key national facilities: Important national facilities designated under Article 21 (4) of the United Defense Act and national security facilities defined in Article 32 of the Regulations on Security Work;
2. Facilities and equipment used by many people (hereinafter referred to as "public-use facilities"): Facilities designated by the head of a related agency in connection with affairs under his/her jurisdiction, following consultation with the head of the Counter-Terrorism Center:
(a) Urban railroads defined in subparagraph 2 of Article 2 of the Urban Railroad Act;
(b) Passenger ships defined in subparagraph 10 of Article 2 of the Ship Safety Act;
(c) Buildings or facilities defined in subparagraph 1 or 2 of Article 43-8 of the Enforcement Decree of the Framework Act on the Management of Disasters and Safety;
(d) Rolling stock defined in subparagraph 4 of Article 3 of the Framework Act on Railroad Industry Development;
(e) Aircraft defined in subparagraph 1 of Article 2 of the Aviation Safety Act.
(2) When the head of a related agency formulates terrorism prevention measures for terrorist target facilities defined in Article 10 (1) of the Act and measures for safety management of facilities for the manufacture, handling, and storing means of terrorism defined in Article 10 (1) of the Act (hereinafter referred to as "means of terrorism"), he/she shall include the following matters:
1. Plans to control access by people and motor vehicles and for self protection;
2. A plan to establish a system for collection and dissemination of terrorism-related intelligence and for urgent countermeasures;
3. Measures for emergency evacuation and ex post facto management when any terrorist incident occurs.
(3) The head of a related agency shall perform the following duties concerning terrorist target facilities and facilities for the manufacture, handling, and storing means of terrorism:
1. Evaluation of the propriety of the measures for preventing terrorism and measures for safety management, and verification of status of the implementation thereof;
2. Designation of the types of means of terrorism in the field under his/her jurisdiction and integrated management of information on the production, distribution, and sale of the relevant means of terrorism.
 Article 26 (Formulation of Measures for Safety Management of Important Events of State)
(1) The important events of the State subject to the formulation of measures for safety management defined in Article 10 (1) of the Act shall be determined by the head of a related agency based on the institutions in charge, grounds for holding them, importance, etc. in connection with affairs under his/her jurisdiction among the events held domestically or overseas, following consultation with the head of the Counter-Terrorism Center.
(2) The head of a related agency shall formulate and implement measures for safety management of each field tailored to meet the characteristics of the important events of the State, following consultation with the head of the Counter-Terrorism Center.
(3) Where necessary to consult on and coordinate measures for safety management of important events of the State, the head of a related agency may organize and operate an organization for counter-terrorism and safety measures jointly with related agencies, following deliberation and resolution by the Counter-Terrorism Commission.
(4) Among matters necessary for the formulation and implementation of measures for safety management defined in paragraph (2) and the organization and operation of an organization for counter-terrorism and safety measures defined in paragraph (3), matters necessary for the guard and safety management of the President and State guests, etc. equivalent to the chief of a state shall be determined by the Chief of the Presidential Security Service. <Amended by Presidential Decree No. 28211, Jul. 26, 2017>
 Article 27 (Support for Prior Elimination of Factors Vulnerable to Terrorism)
(1) The owner or manager of any terrorist target facilities or means of terrorism (hereinafter referred to as "owner, etc. of facilities") may request the head of the Counter-Terrorism Center through the head of a related agency to provide support for the prevention of terrorism and safety management, such as evaluation of propriety and field guidance.
(2) The head of the Counter-Terrorism Center, in receipt of a request made in paragraph (1), may support activities to prevent terrorism jointly with the related agency.
 Article 28 (Subsidization of Costs Incurred in Relation to Prior Elimination of Factors Vulnerable to Terrorism)
(1) The head of a State agency who intends to subsidize costs incurred by the owner, etc. of facilities who has eliminated factors vulnerable to terrorism prescribed in Article 11 (2) of the Act may determine whether to subsidize the costs and as to the amount of the subsidy, taking the following matters into consideration:
1. Possibility of the occurrence of a terrorist incident;
2. Regional characteristics, such as the environs of the relevant facilities and surrounding environs;
3. The level of costs incurred in relation to the installation, replacement, and maintenance of the facilities and equipment, and the ability of the owner, etc. of facilities to bear the costs;
4. Findings of the evaluation of propriety and verification of status of the implementation thereof under Article 25 (3) 1;
5. Findings of the evaluation of propriety and field guidance prescribed in Article 27 (1) and (2);
6. Other matters corresponding to those prescribed in subparagraphs 1 through 5, which are determined by the head of a State agency following consultation with the head of the Counter-Terrorism Center.
(2) Matters necessary for the limit on the costs to be subsidized under paragraph (1), the detailed standards, methods, and procedures for payment thereof, and other relevant matters shall be determined by the head of a State agency following deliberation and resolution by the Counter-Terrorism Commission.
CHAPTER VI FINANCIAL REWARDS AND SUPPORT FOR DAMAGE FROM TERRORISM
 Article 29 (Payment of Financial Rewards)
(1) The financial reward prescribed in Article 14 (2) of the Act (hereinafter referred to as "financial reward") may be paid by the head of a related agency following deliberation and resolution by the Financial Reward Determination Committee established under Article 30.
(2) The head of a related agency in receipt of a report or an arrested criminal under Article 14 (2) of the Act shall inform such fact without delay to the chief prosecutor or the branch chief of the competent district prosecutor's office, or the head of a military unit which has a military prosecutor`s office, and the prosecutor or the military prosecutor shall issue the person who has filed the report or arrested and transferred the offender to the head of the related agency (hereinafter referred to as "reporter, etc.") a document certifying the report or transfer.
(3) The head of a related agency may recommend a reporter, etc. deemed to have contributed to the prevention of terrorism as a person eligible for financial reward. In such cases, he/she shall notify the relevant person of the fact of the recommendation.
 Article 30 (Organization and Operation of Financial Reward Determination Committee)
(1) In order to deliberate on matters necessary for the payment of financial rewards, the Financial Reward Determination Committee (hereinafter referred to as the "Determination Committee") shall be established under the jurisdiction of the head of the Counter-Terrorism Center.
(2) The Determination Committee shall be comprised of one chairperson and eight members.
(3) A public official in general service belonging to the Senior Executive Service (including public officials in special service and in extraordinary civil service) of the Counter-Terrorism Center shall be the chairperson of the Determination Committee, and persons appointed by the heads of the related agencies from among the public officials corresponding to Grade IV public officials belonging to the related agencies prescribed by Ordinance of the Prime Minister shall be the members of the Determination Committee.
(4) The chairperson of the Determination Committee shall convoke a meeting when necessary to deliberate on matters concerning the payment of a financial reward.
(5) The Determination Committee shall deliberate and resolve on the following matters:
1. Determination on whether to pay a financial reward and the amount of payment;
2. Cancellation of payment of a financial reward and determination on whether to return it;
3. Other matters concerning financial rewards.
(6) Where deemed necessary for the deliberation, the Determination Committee may require a person eligible for a financial reward or a reference witness to appear to hear his/her opinion and request the related agency to submit necessary materials.
(7) Except as otherwise provided for in paragraphs (1) through (6), detailed matters necessary for the operation of the Determination Committee shall be prescribed by Ordinance of the Prime Minister.
 Article 31 (Standards for Payment of Financial Rewards)
(1) A financial reward defined in Article 14 (2) of the Act shall be paid by up to 100 million won by applying differential rates, taking the following matters into consideration:
1. The accuracy of the report or the credibility of the evidential materials;
2. Whether the reporter, etc. has committed any crime in connection with the report on terrorism;
3. The degree of contribution made by the reporter, etc. to the prevention of terrorism;
4. Whether the reporter, etc. has the obligation to file the report with a related agency, etc. or to make the arrest, or whether he/she has filed the report or made the arrest in connection with his/her duties.
(2) Detailed standards for payment of financial rewards shall be determined by the Chairperson following a resolution by the Counter-Terrorism Commission.
(3) Where there are at least two reporters, etc. of one terrorist incident, the head of the related agency shall pay the financial reward by apportioning it among them, taking the degree of their contribution into consideration within standards for payment referred to in paragraph (2).
(4) In cases falling under paragraph (3), where persons eligible for a financial reward apply for the payment thereof after reaching a prior agreement on the method of apportionment among themselves, the head of the relevant agency shall pay it in accordance with such agreement: Provided, That where the agreed ratio is markedly unfair, the head of the relevant agency may change it following deliberation and resolution by the Determination Committee.
 Article 32 (Procedures for Applying for Financial Rewards)
(1) An application for a financial reward may be filed where any indictment has been made or any indictment or prosecution has been suspended in the relevant case, or where the head of the relevant agency makes a recommendation prescribed in Article 29 (3).
(2) Upon making a determination on whether to indict concerning a case eligible for a financial reward prescribed in the Act, a prosecutor or military prosecutor shall notify such fact to the reporter, etc. without delay.
(3) A person who desires to receive a financial reward shall file an application with the head of a related agency, along with the following documents:
1. A certificate issued under Article 29 (2);
2. A notice referred to in paragraph (2) or the latter part of Article 29 (3);
3. A self-statement on contribution.
(4) An application defined in paragraph (3) shall be filed within 60 days from the date the notification is received under paragraph (2) or the latter part of Article 29 (3).
(5) Where there are at least two persons who intend to apply for a financial reward, the application shall be filed under the joint signature of all the applicants.
 Article 33 (Procedures for Payment of Financial Rewards)
(1) The head of a related agency shall determine the payment of a financial reward and the amount of payment based on the matters deliberated and resolved on by the Determination Committee.
(2) The head of a related agency shall pay a financial reward after giving written notice on the determination to the person eligible for the financial reward.
(3) Except as otherwise provided for in paragraphs (1) and (2), matters necessary for the payment, etc. of financial rewards shall be prescribed by Ordinance of the Prime Minister.
 Article 34 (Cancellation of Payment and Return of Financial Rewards)
(1) In any of the following cases after a financial reward has been paid, the head of the relevant agency shall cancel the determination on the payment of the financial award, following deliberation and resolution by the Determination Committee:
1. Where the recipient of the financial reward is not a reporter, etc.;
2. Where it transpires that the person who has received the financial reward has committed an offence, such as participation in the terrorist incident;
3. Other cases where any ground for cancellation of the payment of the financial reward occurs.
(2) Upon cancelling the determination on payment of a financial reward under paragraph (1), the head of a related agency shall notify the relevant reporter, etc. of the fact of cancellation, deadline for returning the financial reward, and the amount to be returned.
(3) Except as otherwise provided for in paragraphs (1) and (2), matters necessary for the return of financial rewards shall be prescribed by Ordinance of the Prime Minister.
 Article 35 (Support for Damage from Terrorism)
(1) The expenses to be subsidized by the State or a local government under Article 15 (2) of the Act (hereinafter referred to as "subsidy for loss") shall be the expenses incurred in relation to medical treatment of physical damage and the expenses incurred in relation to recovery from economic loss.
(2) Expenses incurred in relation to medical treatment of physical damage caused by terrorism shall be as follows, and matters necessary for the calculation of the expenses incurred in relation to medical treatment shall be prescribed by Ordinance of the Prime Minister:
1. Expenses incurred in relation to medical treatment of physical injury and after effects;
2. Expenses incurred in relation to medical treatment of mental and psychological harm.
(3) Expenses incurred in relation to recovery from economic loss caused by terrorism shall be determined by the Counter-Terrorism Commission, taking into consideration the standards and amount of support for loss from social accidents defined in Article 66 of the Framework Act on the Management of Disasters and Safety.
(4) Expenses incurred in relation to medical treatment under paragraph (2) and expenses incurred in relation to recovery under paragraph (3) shall be paid in lump sum following deliberation and resolution by the Counter-Terrorism Commission.
(5) Except as otherwise provided for in paragraphs (2) through (4), matters necessary for the limit and detailed standards of a subsidy for loss, methods and procedures for payment thereof, and other relevant matters shall be determined by the Counter-Terrorism Commission.
 Article 36 (Types of Special Compensations)
(1) A special compensation defined in Article 16 (1) of the Act shall be paid according to the following category:
1. Special compensation for bereaved family: Where a person dies due to terrorism;
2. Special compensation for disability: Where a person becomes physically disabled due to terrorism. In such cases, the determination of grades of disability shall follow the criteria for disability prescribed in subparagraph 5 of Article 3 of the Crime Victim Protection Act, and Article 2 and attached Tables 1 and 2 of the Enforcement Decree of the same Act;
3. Special compensation for serious injury: Where a person suffers loss requiring long-term medical treatment due to terrorism. In such cases, the criteria for loss requiring long-term medical treatment shall follow the criteria for serious injury prescribed in subparagraph 6 of Article 3 of the Crime Victim Protection Act and Article 3 of the Enforcement Decree of the same Act.
(2) The head of a related agency which has established a countermeasure headquarters shall pay special compensation defined in paragraph (1) in lump sum, following deliberation and resolution by the Counter-Terrorism Commission.
(3) A special compensation for bereaved family defined in paragraph (1) 1 (hereinafter referred to as "special compensation for bereaved family") shall be paid, when a victim dies, to the member of the bereaved family who has top priority, as prescribed by Ordinance of the Prime Minister: Provided, That where at least two members of the bereaved family have the same priority, it shall be paid in equal shares.
(4) A special compensation for disability defined in paragraph (1) 2 (hereinafter referred to as "special compensation for disability") and a special compensation for serious injury defined in paragraph (1) 3 (hereinafter referred to as "special compensation for serious injury") shall be paid to the relevant victim.
 Article 37 (Standards for Payment of Special Compensations)
(1) The amount of any special compensation for bereaved family shall be an amount calculated by multiplying the monthly salary, actual monthly incomes, or average wage of the victim as at the time he/she dies (where he/she has suffered physical damage and dies due to such damage, referring to the time the physical damage occurred to him/her) by the number of months prescribed by Ordinance of the Prime Minister between 24 months and 48 months, taking into consideration the number and ages of the members of the bereaved family, status of maintaining their livelihood, etc.
(2) The amount of a special compensation for disability and the amount of a special compensation for serious injury shall be an amount calculated by multiplying the monthly salary, actual monthly incomes, or average wage of the victim as at the time the physical damage occurred to him/her by the number of months prescribed by Ordinance of the Prime Minister between 24 months and 48 months, taking into consideration the degree of the disability or serious injury, number of dependents, status of maintaining livelihood, etc.
(3) The monthly salary, actual monthly incomes, average wage, etc. of a victim under paragraph (1) or (2) shall be substantiated by certificates issued by the head of the tax office and the head of the Si/Gun/Gu (referring to the head of an autonomous Gu) having jurisdiction over the place of his/her residence or the head of the institution for which he/she has worked, or other certificates which have public confidence and are prescribed by Ordinance of the Prime Minister.
(4) Where the monthly salary or actual monthly income of a victim defined in paragraph (1) or (2) exceeds twice the amount of the average income, an amount equal to twice the amount of the average wage, shall be deemed the monthly salary or actual monthly income of the victim.
(5) Except as otherwise provided for in paragraphs (1) through (4), matters necessary for the detailed standards and methods and procedures for payment of special compensations, and other relevant matters shall be determined by the Counter-Terrorism Commission.
 Article 38 (Special Cases concerning Payment of Special Compensation)
(1) Where a person who has received a special compensation for disability dies due to the relevant act of terrorism, a special compensation for bereaved family shall be paid: Provided, That the amount thereof shall be calculated by deducting the amount of special compensation for disability already paid from the amount of special compensation for bereaved family calculated under Article 37 (1).
(2) Where a person who has received a special compensation for serious injury dies due to the relevant act of terrorism or suffers physical disability, a special compensation for bereaved family or a special compensation for disability shall be paid: Provided, That the amount thereof shall be calculated by deducting the amount of special compensation for serious injury already paid from the amount of special compensation for bereaved family calculated under Article 37 (1) or the amount of compensation for disability calculated under paragraph (2) of the same Article.
 Article 39 (Application for Payment of Subsidy for Damage or Special Compensation)
(1) A person who intends to apply for the payment of a subsidy for damage or special compensation defined in Article 15 or 16 of the Act shall file an application for subsidy with the head of the related agency which has established a countermeasures headquarters along with the evidentiary documents, as prescribed by Ordinance of the Prime Minister, within six months from the date he/she begins to suffer the loss due to a terrorist incident.
(2) Where there are at least two persons who intend to apply for the payment of a subsidy for damage or special compensation defined in Article 15 or 16 of the Act, a representative of the applicants may be selected according to the following category. In such cases, if at least two persons have the same priority, a representative of the applicants shall be determined by an agreement of persons with the same priority; however, where no agreement is reached or in other extenuating circumstances, the representative of the applicants need not be selected:
1. A subsidy for damage and a special compensation for a victim who dies: One member of bereaved family who has the top priority as prescribed by Ordinance of the Prime Minister;
2. A subsidy for damage and a special compensation for a surviving victim: The surviving victim (including the legal representative of the surviving victim).
(3) A person in hardship to apply for the payment of a subsidy for damage or special compensation, to consent to a decision on payment, to request or receive payment, etc. in person may appoint another person as his/her proxy.
(4) Upon receipt of an application for payment of a subsidy for damage or special compensation defined in paragraph (1), the head of a related agency which has established a countermeasures headquarters shall examine related documents, etc., and may, by fixing a period, request the applicant (including the representative of applicants defined in paragraph (2) and the proxy prescribed in paragraph (3); hereinafter the same shall apply) to supplement any document, etc. which is omitted or needs to be supplemented.
 Article 40 (Determination on Payment of Subsidy for Damage or Special Compensation)
(1) The head of a related agency which has established a countermeasures headquarters shall determine the payment or nonpayment of a subsidy for damage or special compensation and the amount thereof and send a determination notice to the applicant for the payment thereof within 120 days from the date an application is received, following deliberation and resolution by the Counter-Terrorism Commission. In such cases, the head of the relevant related agency shall determine whether to pay, etc. a subsidy for damage or special compensation within 30 days from the date the Countermeasures Commission has deliberated and resolved on the payment thereof.
(2) An applicant who is dissatisfied with determination made under paragraph (1) shall file a written objection with the head of a related agency which has established a countermeasures headquarters along with materials substantiating the grounds therefor, as prescribed by Ordinance of the Prime Minister, within 30 days from the date such determination is received.
(2) Paragraph (1) shall apply mutatis mutandis to the filing of an objection defined in paragraph (2). In such cases, "120 days" defined in paragraph (1) shall be construed as "60 days".
 Article 41 (Restrictions on Payment of Subsidy for Damage or Special Compensation)
If a victim of a terrorist incident is deemed culpable, the head of a related agency which has established a countermeasures headquarters may choose not to pay a subsidy for damage or special compensation or to pay a reduced amount thereof, depending on the degree of culpability, following the deliberation and resolution by the Counter-Terrorism Commission.
 Article 42 (Payment of Subsidy for Damage or Special Compensation)
(1) Where an applicant who has received a determination notice defined in Article 40 (1) desires to receive a subsidy for damage or special compensation, he/she shall file an application therefor along with the following documents, as prescribed by Ordinance of the Prime Minister, with the head of a related agency which has established a countermeasures headquarters:
1. Written consent to the determination on payment and application for payment;
2. A certificate of personal seal impression (where the applicant's signature has been affixed, referring to a certificate of own signature);
3. A copy of a bankbook of receipts account.
(2) A subsidy for damage and a special compensation shall be paid by a related agency which has established a countermeasures headquarters, but such affairs may be performed by the National Treasury (including the agencies of the National Treasury) upon entrustment.
(3) The head of a related agency which has established a countermeasures headquarters shall pay a subsidy for damage or special compensation within 90 days from the date the consent and written application are received under paragraph (1): Provided, That in extenuating circumstances making it impracticable to pay it within 90 days, such payment period may be extended, and the ground therefor shall be notified to the applicant.
 Article 43 (Redemption of Subsidy for Loss or Special Compensation)
Where a recipient of a subsidy for damage or special compensation falls under any of the following cases, the head of a related agency which has established a countermeasures headquarters shall recover all or part of the amount received by him/her:
1. Where he/she turns out later to have committed an offence, such as participation in the terrorist incident;
2. Where he/she has obtained it by fraud or other improper means;
3. Where it was wrongly paid.
 Article 44 (Relationship with Benefits, etc. under Other Statutes)
Where a person who has suffered physical or property damage, bereaved family of a victim, or a person who suffers physical disability or requires a long-term medical treatment due to terrorism is able to receive any expenses incurred in relation to medical treatment, recovery, special compensation, or any support corresponding thereto for his/her physical or property damage under other statutes on the ground of the relevant act of terrorism, the expenses incurred in relation to medical treatment and recovery defined in Article 15 (2) of the Act or the special compensation under Article 16 (1) of the Act shall not be paid within the amount receivable.
CHAPTER VII SUPPLEMENTARY PROVISIONS
 Article 45 (Management of Personally Identifiable Information)
The head of a related agency may manage the data which contains resident registration numbers, passport numbers, drivers license numbers, or alien registration numbers defined in Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is essential to perform the following affairs:
1. Affairs related to the collection of information on terrorist suspects, counter-terrorism investigations, tracing of terrorist suspects, etc. defined in Article 9 of the Act;
2. Affairs related to requests for urgent elimination of materials instigating and propagating terrorism, etc. defined in Article 12 of the Act;
3. Affairs related to the regulation on foreign terrorist fighters, etc. defined in Article 13 of the Act;
4. Affairs related to protection of informants, payment of financial rewards, etc. defined in Article 14 of the Act;
5. Affairs related to the support for damage from terrorism, etc. defined in Article 15 of the Act;
6. Affairs related to the payment of special compensations, etc. defined in Article 16 of the Act.
ADDENDUM
This Decree shall enter into force on June 4, 2016.
ADDENDA <Presidential Decree No. 27971, Mar. 29, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on March 30, 2017. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended part of a Decree which was promulgated before the enforcement of this Decree, but the date on which it enters into force has not yet arrived, among the Decrees amended by the Article 8 of the Addenda, shall enter into force on the enforcement date of the relevant Decree, respectively.
Articles 2 through 8 Omitted.