Law Viewer

Back Home

ENFORCEMENT DECREE OF THE SPECIAL ACT ON THE SAFETY CONTROL OF PUBLICLY USED ESTABLISHMENTS

Presidential Decree No. 27395, Jul. 26, 2016

Amended by Presidential Decree No. 27751, Dec. 30, 2016

Presidential Decree No. 28216, Jul. 26, 2017

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Special Act on the Safety Control of Publicly Used Establishments and matters necessary for the enforcement thereof.
 Article 2 (Publicly-Used Business)
A “business specified by Presidential Decree” in Article 2 (1) 1 of the Special Act on the Safety Control of Publicly Used Establishments (hereinafter referred to as the “Act”) means a business falling under any of the following: <Amended by Presidential Decree No. 21176, Dec. 24, 2008; Presidential Decree No. 21600, Jul. 1, 2009; Presidential Decree No. 21676, Aug. 6, 2009, Presidential Decree No. 22331, Aug. 11, 2010; Presidential Decree No. 23571, Jan. 31, 2012; Presidential Decree No. 24417, Mar. 23, 2013; Presidential Decree No. 24863, Nov. 20, 2013; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 25886, Dec. 23, 2014; Presidential Decree No. 26916, Jan. 19, 2016; Presidential Decree No. 28216, Jul. 26, 2017>
1. Food service business prescribed in subparagraph 8 of Article 21 of the Enforcement Decree of the Food Sanitation Act, and falling under any of the following:
(a) An aggregated floor area (referring to the area calculated pursuant to Article 119 (1) 3 of the Enforcement Decree of the Building Act; hereinafter the same shall apply) used for the place of rest restaurant business, bakery business or general restaurant business is at least 100 square meters (the aggregated floor area of the relevant business place is at least 66 square meters, in cases of a business place established in the basement): Provided, That this shall not apply to cases where a business place is established on the first floor or a floor directly abutting on the ground and the main entrance of the business place is directly linked to the ground of outside of the building (excluding business places of duplex type linked with interior stairs);
(b) Business of karaoke tavern or entertainment tavern;
2. A movie theater under subparagraph 10 of Article 2 of the Promotion of the Motion Pictures and Video Products Act, business of running a video-viewing establishment under subparagraph 16 (a) of the same Article, business of running a video-viewing mini-theater under subparagraph 16 (b) of the same Article, and business of providing multiple types of visual materials under subparagraph 16 (d) of the same Article;
3. A private teaching institute under subparagraph 1 of Article 2 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter referred to as “private teaching institute”), falling under any of the following:
(a) A private teaching institute with a capacity of 300 or more calculated in accordance with attached Table 4 of the Enforcement Decree of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems;
(b) A private teaching institute with a capacity of 100 or more, and less than 300 persons, falling under any of the following: Provided, That the foregoing shall not apply to the cases where the portion used for a private teaching institute and the portion used for other purposes (including the portions used for private teaching institutes whose operators are different) is divided by fire proof partitions under Article 46 of the Enforcement Decree of the Building Act:
(i) A private teaching institute, where a private teaching institute and a dormitory are in one building;
(ii) A private teaching institute with a capacity of 300 or more persons, where two or more private teaching institutes are in one building;
(iii) Where one or more publicly-used businesses under subparagraphs 1, 2, 4 through 7, 7-2 through 7-5 and 8, and a private teaching institute are in one building;
4. Public bath business falling under any of the following:
(a) Public bath business under Article 2 (1) 3 (a) of the Public Health Control Act with facilities enabling customers to sweat, using heat generated by heated elvan, marble, etc. or using far-infrared rays, etc. in one business place, and with a capacity of at least 100 persons (excluding the capacity of bathing facilities using water);
(b) Public bath business with the facilities under Article 2 (1) 3 (b) of the Public Health Control Act;
5. Game providing business, business providing game products, business of providing internet computer game facilities, combined distribution and game providing business under subparagraphs 6, 6-2, 7 and 8 of Article 2 of the Game Industry Promotion Act: Provided, That, in cases of game providing business and business of providing Internet computer game facilities, this shall not apply to the cases where the business place is established on the first floor or a floor directly abutting on the ground and the main entrance of the relevant business place is directly linked to the ground of the outside of the building (excluding business places of duplex type linked with interior stairs);
6. Karaoke business under subparagraph 13 of Article 2 of the Music Industry Promotion Act;
7. Postnatal care business under subparagraph 12 of Article 2 of the Mother and Child Health Act;
7-2. Gosiwon business (business of providing lodging, or room and board with facilities enabling students to study in compartmented rooms);
7-3. Pistol shooting range under Article 2 (1) and attached Table 1 of the Enforcement Decree of the Act on Safety Management of Shooting and Shooting Ranges (limited to indoor ranges and including cases where it is established in a multi-purpose shooting range under paragraph (1) of the same Article);
7-4. Golf practice course business under Article 10 (1) 2 of the Installation and Utilization of Sports Facilities Act (limited to business with facilities such as a screen, projector, etc. in at least one compartmented indoor room, and providing them for public use for practicing golf);
7-5. Place of massage practice under Article 82 (4) of the Medical Service Act;
8. Business allowing entry of multiple unspecified persons, with a probable risk index falling under 11 (1) or with a high risk of casualties at times of fire, and prescribed by Ordinance of the Interior and Safety. In such cases, the Commissioner of the National Fire Agency shall pre-consult with heads of relevant central government agencies.
 Article 2-2 (Safety Facilities, etc.)
“Facilities for safety as prescribed by Presidential Decree” in Article 2 (1) 2 of the Act means the facilities provided for in attached Table 1.
[This Article Newly Inserted by Act No. 25886, Dec. 23, 2014]
 Article 3 (Interior Decoration)
“Anything specified by Presidential Decree” in subparagraph 3 of Article 2 of the Act means those attached (installed) on the ceiling or wall inside of a building, and falling under any of the following: Provided, That furniture (referring to wardrobe, cupboard, dining table, dining table chairs, office desk, office chair, counter and other things of the like kind), ceiling border, etc. ten centimeters or narrower in width and interior finishing material under Article 52 of the Building Act shall be excluded: <Amended by Presidential Decree No. 21098, Oct. 29, 2008; Amended by Act No. 25886, Dec. 23, 2014>
1. Items whose main raw material is paper (referring to that at least 2 millimeters in thickness), synthetic resin or fiber;
2. Plywood or lumber;
3. Non-permanent partitions (referring to movable walls such as folding ones or walls that do not compart space up to the point where the ceiling abuts on the interior) installed to compart space;
4. Sound-absorbing materials (including sound-absorbing curtains) or soundproofing materials (including soundproofing curtains) installed for sound absorption or soundproofing.
 Article 3-2 (Business Place with Sealed Layout)
“Standards prescribed by Presidential Decree” in subparagraph 5 of Article 2 of the Act means a case where the total area of the opening that meets all requirements under Article 2 of the Enforcement Decree of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems is not more than 1/30 of the floor area used as a business place. <Amended by Presidential Decree No. 26916, Jan. 19, 2016>
[This Article Newly Inserted by Act No. 25886, Dec. 23, 2014]
 Article 4 (Procedure, etc. for Establishment of Master Plans for Safety Management)
(1) The Commissioner of the National Fire Agency shall establish a master plan for the safety management of publicly-used establishments (hereinafter referred to as "master plan") every five years in consultation with the heads of relevant central administrative agencies pursuant to Article 5 (1) of the Act. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28216, Jul. 26, 2017>
(2) The Commissioner of the National Fire Agency shall prepare a guideline for the establishment of the master plan in consultation with the heads of relevant central administrative agencies and notify it to the heads of the relevant central administrative agencies. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28216, Jul. 26, 2017>
(3) Where the Commissioner of the National Fire Agency establishes the master plan, he/she shall report it to the Prime Minister, notify it to the heads of relevant central administrative agencies and a Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") and publicly announce it. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28216, Jul. 26, 2017>
 Article 5 (Guideline for Establishing Master Plans for Safety Management)
The guideline for establishing master plans for safety management under Article 4 (2) shall include the following details:
1. Measures to reduce the occurrence of disasters such as a fire:
(a) Inspection and analysis of causes of fire damage;
(b) Establishment of a system to communicate and manage safety management information;
(c) Education and training in preparation for the occurrence of disasters such as a fire and public awareness efforts for prevention thereof;
2. Mid- and long-term measures to reduce the occurrence of disasters such as a fire:
(a) Plans for management and maintenance of safety facilities, etc. of publicly-used establishments;
(b) Streamlining applicable statutes and related standards.
 Article 6 (Matters regarding Master Plans for Safety Management, etc.)
“Matters specified by Presidential Decree” in Article 5 (2) 7 of the Act means the following matters:
1. Matters regarding medium- and long- term master plans for safety management:
(a) Safety management system for publicly-used establishments;
(b) Evaluation of safety management status and improvement plan;
2. Matters regarding master plans for safety management of Si or Do.
 Article 7 (Notification, etc. of Annual Safety Management Plan)
(1) The Commissioner of the National Fire Agency shall establish an annual safety management plan (hereinafter “annual plan”) every year until December 31 of the previous year pursuant to Article 5 (3) of the Act. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28216, Jul. 26, 2017>
(2) Where the Commissioner of the National Fire Agency establishes the annual plan pursuant to paragraph (1), he/she shall notify it to the heads of the relevant central administrative agencies, a Mayor/Do Governor and the head of a regional fire headquarters without delay. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28216, Jul. 26, 2017>
 Article 8 (Details, etc. of Implementation Plan)
(1) The head of a regional fire headquarters shall establish a safety management implementation plan (hereinafter referred to as "implementation plan") pursuant to the master plan announced pursuant to Article 4 (3) and the annual plan notified pursuant to Article 7 (2), and submit the implementation plan and the performance record for the previous year to the Commissioner of the National Fire Agency by January 31 every year. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28216, Jul. 26, 2017>
(2) Where the head of a regional fire headquarters establishes the implementation plan for publicly-used establishments under his/her jurisdiction pursuant to Article 6 (1) of the Act, he/she shall cause the following matters to be included in the plan:
1. Establishment, maintenance and management, and improvement plan for fire-fighting system in a region where publicly-used establishments are densely located;
2. Fire-fighting safety education and training plan for owners and employees of publicly-used establishments;
3. Self-instruction plan for owners and employees of publicly-used establishments;
4. Conducting and evaluating fire risk assessment of publicly-used establishments falling under any subparagraph of Article 15 (1) of the Act;
5. Plans for measures based on the result of the evaluation under subparagraph 4 (including matters regarding safety management, facility maintenance, etc. for fire risk areas or buildings).
(3) The time for establishing the implementation plan under Article 6 (3) of the Act shall be until December 31 of the previous year of the relevant year and the business subject to the said requirement shall be publicly-used business under Article 2.
 Article 9 (Safety Facilities, etc.)
Safety facilities, etc. required to be installed and maintained in the business place of publicly-used establishments pursuant to Article 9 (1) of the Act shall be as provided for in attached Table 1-2. <Amended by Presidential Decree No. 25886, Dec. 23, 2014>
[This Article Wholly Amended by Presidential Decree No. 24257, Dec. 27, 2012]
 Article 9-2 (Amount Insured by Fire Liability Insurance)
(1) The fire liability insurance that the owner of a publicly-used establishment shall purchase pursuant to Article 13-2 (1) of the Act shall meet the following standards:
1. In case of death: Payment of the amount of loss sustained by a victim shall be up to 100 million won per victim: Provided, That the amount shall be 20 million won where the amount of loss is less than 20 million won;
2. In case of injury: Payment of the amount of loss sustained by a victim shall be made in an amount falling within the range provided for in attached Table 2 per person;
3. Where no more effect can be expected from treatment after the treatment for the injury is over, and the symptom becomes fixed and serves as the direct cause of a physical disability (hereinafter referred to as “aftereffect disability”): Payment of the amount of loss sustained by a victim shall be made in an amount falling within the range provided for in attached Table 3 per person;
4. In case of property loss: Payment of the amount of loss sustained by a victim shall be up to 100 million won per event.
(2) The fire liability insurance under paragraph (1) shall meet each of the following standards, in a case falling under at least two of paragraph (1) 1 through 3 as a result of one event:
1. Where the injured person dies from the injury amid treatment, and the injury serves as the direct cause: A sum aggregating the amount under paragraph (1) 1 and the amount under paragraph (1) 2 shall be paid per person;
2. Where the injured person develops an aftereffect disability: A sum aggregating the amount under paragraph (1) 2 and the amount under paragraph (1) 3 shall be paid per person;
3. Where the person dies from the injury after payment of the amount under paragraph (1) 3: An amount under paragraph (1) 1, less an amount corresponding to the days after death from an amount under paragraph (1) 3, shall be paid per person.
[This Article Newly Inserted by Presidential Decree No. 24257, Dec. 27, 2012]
 Article 9-3 (Differential Application, etc. of Premium Rate for Fire Liability Insurance)
(1) “Matters prescribed by Ordinance of Presidential Decree including business type and area of publicly-used establishments” in Article 13-2 (4) of the Act means the following matters:
1. The frequency of occurrence of a fire for the business type to which the relevant publicly-used establishment belongs;
2. The area of business place of the relevant publicly-used establishment;
3. Where the relevant publicly-used establishment falls under a publicly-used establishment violating statutes, disclosed pursuant to Article 20 (1) of the Act;
4. Where the relevant publicly-used establishment falls under an exemplary safety management establishment publicly announced pursuant to Article 21 (1) of the Act;
(2) The Commissioner of the National Fire Agency shall provide the following data to premium rate calculation agencies under Article 176 of the Insurance Business Act, for use by an insurance company for differential application of premium rates under Article 13-2 (3) of the Act, until January 31 every year: <Amended by Presidential Decree No. 28216, Jul. 26, 2017>
1. The current information on the establishments violating statutes under Article 20 (1) of the Act;
2. The current information on the exemplary safety management establishments under Article 21 (1) of the Act.
[This Article Newly Inserted by Presidential Decree No. 27395, Jul. 26, 2016]
 Article 9-4 (Refusal of Entering into Fire Liability Insurance Contracts)
“Cases prescribed by Presidential Decree” in the proviso to Article 13-5 (1) of the Act means the cases where the owners of publicly-used establishments fail to or falsely inform important matters concerning the risk of occurrence of a fire such as the matters regarding the maintenance and management of safe facilities, etc., requested by an insurance company when they offer to enter into the fire liability insurance contract.
[This Article Newly Inserted by Presidential Decree No. 24257, Dec. 27, 2012]
 Article 10 (Criteria for Areas or Buildings subject to Fire Risk Assessment)
The criteria for the areas or buildings subject to fire risk assessment under Article 15 (1) 1 of the Act shall be based on the central point of a certain area surrounded by roads.
 Article 11 (Probable Risk Index)
(1) “Not lower than the criteria prescribed by Presidential Decree” in Article 15 (2) of the Act means the cases of D grade or E grade in attached Table 4. <Amended by Presidential Decree No. 24257, Dec. 27, 2012>
(2) Matters such as the criteria for and method of calculating the probable risk index under paragraph (1) shall be determined and notified by the Commissioner of the National Fire Agency. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28216, Jul. 26, 2017>
 Article 12 (Compensation for Loss)
(1) Where the Commissioner of the National Fire Agency, the head of a regional fire headquarters, or the chief of a fire station compensates for the loss pursuant to Article 15 (3) of the Act, he/she shall compensate for the loss sustained as a result of the order issued under Article 15 (2) of the Act in market values. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28216, Jul. 26, 2017>
(2) Regarding the compensation for loss under paragraph (1), the Commissioner of the National Fire Agency, the head of a regional fire headquarters, or the chief of a fire station shall negotiate with the person who sustains a loss. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28216, Jul. 26, 2017>
(3) Where the negotiation for the amount of compensation under paragraph (2) fails to produce agreement, the Commissioner of the National Fire Agency, the head of a regional fire headquarters, or the chief of a fire station shall pay the amount of the compensation: Provided, That where the acceptance of the amount of compensation was rejected or who is the recipient is unclear, he/she shall deposit it and notify such fact. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28216, Jul. 26, 2017>
(4) Any person who has objection to payment of, or notification of deposit of, the amount of compensation under paragraph (3) may file an application for a ruling with the Central Land Tribunal under Article 49 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects within 30 days after he/she was notified of the payment or deposit as prescribed by Ordinance of the Interior and Safety. <Amended by Presidential Decree No. 21176, Dec. 24, 2008; Presidential Decree No. 24417, Mar. 23, 2013; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28216, Jul. 26, 2017>
(5) Matters necessary for the scope of compensation for loss, negotiation procedure and methods, etc. under paragraph (1) shall be prescribed by the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.
 Article 13 (Partial Exemption from Installation of Safety Facilities, etc.)
“Publicly-used establishment whose probable risk index is lower than the criteria prescribed by Presidential Decree” in Article 15 (4) of the Act means a publicly-used establishment with A grade in attached Table 4.
[This Article Wholly Amended by Presidential Decree No. 24257, Dec. 27, 2012]
 Article 14 (Matters such as Application for Registration of Fire Risk Assessment Agents)
Technical manpower, facilities and equipment required for the person who intends to conduct fire risk assessment as an agent pursuant to Article 16 (1) of the Act shall be as provided for in attached Table 5. <Amended by Presidential Decree No. 24257, Dec. 27, 2012>
 Article 15 (Application for Change of Registered Matters by Fire Risk Assessment Agents)
(1) “Important matters specified by Presidential Decree” in Article 16 (1) of the Act means the following matters:
1. The representative;
2. The location of office;
3. The name or company name of an assessment agent;
4. Current status of technical manpower.
(2) Where the grounds for change falling under any subparagraph of paragraph (1) occur, an assessment agent shall file for registration of change with the Commissioner of the National Fire Agency, with documents prescribed by Ordinance of the Prime Minister within 30 days of the occurrence of the grounds for change, as prescribed by Ordinance of the Interior and Safety. <Amended by Presidential Decree No. 21176, Dec. 24, 2008; Presidential Decree No. 24417, Mar. 23, 2013; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28216, Jul. 26, 2017>
 Article 16 (Public Announcement of Registration, etc. of Fire Risk Assessment Agents)
The Commissioner of the National Fire Agency shall make a public announcement of the following on the Web site, etc. of the National Fire Agency: <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28216, Jul. 26, 2017>
1. Where he/she registers any person as a fire risk assessment agent pursuant to Article 16 (1) of the Act;
2. Where he/she receives the report on permanent closure of business under Article 16 (4) of the Act;
3. Where he/she cancels registration pursuant to Article 17 (1) of the Act.
 Article 17 (Limitation on Matters subject to Disclosure for Establishment Failing to Comply with Order to Take Measures)
Where disclosure of an establishment failing to comply with an order to take measures under Article 20 (1) of the Act injures legal interests of a third party, no fact related to the third party shall be disclosed.
 Article 18 (Matters, Etc. Disclosed for Business Failing to Comply with Order to Take Measures)
(1) Where the Commissioner of the National Fire Agency, the head of a regional fire headquarters, or the chief of a fire station intends to disclose an establishment failing to comply with an order to take measures pursuant to Article 20 (1) of the Act, he/she shall inform the persons relevant to the establishment (referring to the owner and the employees of the establishment) of the details, methods, etc. of the disclosure. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28216, Jul. 26, 2017>
(2) Where the Commissioner of the National Fire Agency, the head of a regional fire headquarters, or the chief of a fire station discloses an establishment failing to comply with an order to take measures pursuant to Article 20 (1) of the Act, the disclosure shall include the following matters and the duration of the disclosure shall be from the time the establishment fails to comply with an order to take measures to the time it complies with the order to take measures: <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28216, Jul. 26, 2017>
1. The name of the establishment failing to comply with the order;
2. The address of the establishment failing to comply with the order;
3. The details of the measures taken by the Commissioner of the National Fire Agency, the head of a regional fire headquarters, or the chief of a fire station;
4. The number of failure to comply with an order.
(3) The Commissioner of the National Fire Agency, the head of a regional fire headquarters, or the chief of a fire station shall disclose the matters under paragraph (2) to at least two of the media falling under the following: <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28216, Jul. 26, 2017>
1. Official gazette or communication of a Si/Do;
2. The website of the National Fire Agency, fire headquarters of a Si/Do, or a fire station;
3. Major national daily newspaper or local daily newspaper of the relevant region;
4. Cable broadcasting;
5. Newsletters of neighborhood meetings;
6. Newsletters of a Si/Gun/Gu (referring to newsletters distributed free of charge to local residents by the office of a Si/Gun/Gu).
(4) Where the Commissioner of the National Fire Agency, the head of a regional fire headquarters, or the chief of a fire station discloses on the website of the National Fire Agency, a regional fire headquarters or a fire station pursuant to paragraph (3) 2 and the owner of publicly-used establishment complies with the order to take measures under Article 9 (2) of the Act or Article 15 (2) of the Act after the fact, he/she shall delete the disclosed fact from the relevant website within two days of the confirmation of the compliance. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28216, Jul. 26, 2017>
 Article 19 (Exemplary Safety Management Establishments)
The requirements to qualify as an exemplary safety management establishment under Article 21 (1) of the Act (hereinafter referred to as “exemplary safety management establishment”) shall be as follows: <Amended by Presidential Decree No. 26916, Jan. 19, 2016>
1. There has been no violation prescribed in each subparagraph of Article 10 (1) of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems for the recent three years based on the date of the public announcement;
2. There has been no violation of statutes relevant to fire-fighting, architecture, electricity and gas for the recent three years based on the date of the public announcement;
3. There has been no fire for the recent three years based on the date of the public announcement;
4. The establishment has formulated its own plan and has been conducting fire-fighting education or training for its employees regularly, and has the record thereof for the recent three years based on the date of the public announcement.
 Article 20 (Public Announcement Procedure, etc. of Exemplary Safety Management Establishments)
(1) Where the head of a regional fire headquarters or the chief of a fire station intends to recognize and publicly announce exemplary safety management establishments pursuant to Article 21 (1) of the Act, he/she shall make a prior public announcement of the recognition of exemplary safety management establishments, with the details of each subparagraph of Article 19 to the media prescribed in Article 18 (3) 1 through 3.
(2) A person who has objection to the details of the prior public announcement of the recognition of exemplary safety management establishments under paragraph (1) may file an objection to the head of a regional fire headquarters or the chief of a fire station by electronic mail or in writing within 20 days of the date of the prior public announcement of the recognition of exemplary safety management establishments.
(3) Where there is an objection under paragraph (2), the head of a regional fire headquarters or the chief of a fire station shall investigate and review it, and inform the parties who filed the objection and the owner of the relevant publicly-used establishment of the result thereof.
(4) Where the head of a regional fire headquarters or the chief of a fire station intends to recognize and publicly announce exemplary safety management establishments pursuant to Article 21 (1) of the Act, he/she shall determine and publicly announce the period to use the mark of exemplary safety management establishment within a range of up to two years from the date of the public announcement.
 Article 21 (Mark, etc. of Exemplary Safety Management Establishment)
(1) The head of a regional fire headquarters or the chief of a fire station shall examine an exemplary safety establishment regularly every two years from the day he/she issues the mark of exemplary safety management establishment, and shall renew and issue the mark of exemplary safety management establishment based on regular review conducted every two years where there has been no violation.
(2) Matters necessary for the regular review and the procedure for renewing the mark of exemplary safety management establishment under paragraph (1) shall be prescribed by Ordinance of the Interior and Safety. <Amended by Presidential Decree No. 21176, Dec. 24, 2008; Presidential Decree No. 24417, Mar. 23, 2013; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28216, Jul. 26, 2017>
 Article 22 (Public Announcement, etc. of Exemplary Safety Management Establishment by Application of Owner of Publicly-Used Establishment)
(1) Where the business place of a publicly-used establishment meets the requirements to qualify as exemplary safety management establishment under Article 19, the owner may file an application for recognition of an exemplary safety management establishment to the head of a regional fire headquarters or the chief of a fire station.
(2) Where the head of a regional fire headquarters or the chief of a fire station intends to recognize the publicly-used establishment that filed the application pursuant to paragraph (1) as an exemplary safety management establishment, he/she shall inform the relevant establishment of such fact pursuant to Articles 20 and 21 and make public announcement thereof.
(3) Matters necessary for the procedure, etc. for filing an application for public announcement of exemplary safety management establishment under paragraph (1) shall be prescribed by Ordinance of the Interior and Safety. <Amended by Presidential Decree No. 21176, Dec. 24, 2008; Presidential Decree No. 24417, Mar. 23, 2013; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28216, Jul. 26, 2017>
 Article 22-2 (Management of Personally Identifiable Information)
(1) The Commissioner of the National Fire Agency, the head of a regional fire headquarters or the chief of a fire station may manage data containing resident registration numbers, or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, where it is inevitable to conduct the following affairs: <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28216, Jul. 26, 2017>
1. Affairs regarding handling of the matters requiring notification by relevant administrative agencies under Article 7 of the Act;
2. Affairs regarding the fire-fighting safety education under Article 8 of the Act;
3. Affairs regarding the standards, etc. for safety management of publicly-used establishments under Article 9 of the Act;
4. Affairs regarding encouraging and managing purchase of fire liability insurance under Article 13-3 of the Act;
5. Affairs regarding the fire risk assessment, etc. of publicly-used establishments under Article 15 of the Act;
6. Affairs regarding the registration, etc. of a fire risk assessment agent under Article 16 of the Act;
7. Affairs regarding the cancellation, etc. of registration of a fire risk assessment agent under Article 17 of the Act;
8. Affairs regarding the hearings under Article 17-2 of the Act;
9. Affairs regarding the establishment and operation of electronic computer system for safety management under Article 19 of the Act;
10. Affairs regarding the disclosure of establishments violating statutes under Article 20 of the Act;
11. Affairs regarding marks, etc. of exemplary safety management establishments under Article 21 of the Act;
12. Affairs regarding the imposition and collection of the charges for compelling the performance under Article 26 of the Act.
(2) The permitting authority under Article 7 (1) of the Act may manage data containing resident registration numbers, or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, where it is inevitable to inform the head of a regional fire headquarters or the chief of a fire station of the name and address, etc. of the owner of publicly-used establishments pursuant to Article 7 of the Act.
(3) An insurance company may manage data containing resident registration numbers, or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, where it is inevitable to inform the Commissioner of the National Fire Agency, the head of a regional fire headquarters or the chief of a fire station of matters such as the status of fire liability insurance contracts entered into, pursuant to Article 13-3 (4) of the Act. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28216, Jul. 26, 2017>
(4) The permitting authority, insurance company or organization relevant to insurance under Article 7 (1) of the Act may manage data containing resident registration numbers, or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, where it is inevitable to provide data or information requested by the Commissioner of the National Fire Agency pursuant to Article 19 (3) of the Act. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28216, Jul. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 24257, Dec. 27, 2012]
 Article 22-3 (Re-examination of Regulations)
The National Fire Agency shall examine the appropriateness of the following matters every three years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements: <Amended by Presidential Decree No. 28216, Jul. 26, 2017>
1. Safety facilities, etc. that shall be established and maintained in the business place of publicly-used establishments under Article 9 and attached Table 1-2: January 1, 2017;
2. Standards for technical manpower, facility, and equipment required of a fire risk assessment agent under to Article 14 and attached Table 5: January 1, 2017.
[This Article Wholly Amended by Presidential Decree No. 27751, Dec. 30, 2016]
 Article 23 (Criteria for Imposition of Administrative Fines)
The criteria for imposition of administrative fines under Article 25 (1) of the Act shall be as specified in attached Table 6. <Amended by Presidential Decree No. 24257, Dec. 27, 2012>
[This Article Wholly Amended by Presidential Decree No. 21176, Dec. 24, 2008]
 Article 24 (Imposition and Collection of Charges for Compelling the Performance)
(1) The criteria for imposing charges for compelling the performance under Article 26 (7) of the Act shall be as specified in attached Table 7. <Amended by Presidential Decree No. 24257, Dec. 27, 2012>
(2) The procedures for imposition and collection of charges for compelling the performance shall be prescribed by Ordinance of the Interior and Safety. <Amended by Presidential Decree No. 21176, Dec. 24, 2008; Presidential Decree No. 24417, Mar. 23, 2013; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28216, Jul. 26, 2017>
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on March 25, 2007.
Article 2 (Applicability concerning Establishment of Interior Aisles and Windows)
Matters regarding interior aisles and windows of business places specified in subparagraph 2 of Article 9 shall apply starting with the business commencing operation or filing application for business registration with a tax office on or after March 25, 2007.
Article 3 (Transitional Measures concerning Establishment of Safety Facilities, etc. of Publicly-Used Establishments)
Persons relevant to and engaged in publicly-used business under Article 2 after obtaining business permission, etc. as at the time the amended Decree among the Enforcement Decree of the Installation, Maintenance, and Safety Control of Fire-Fighting Systems Act under Presidential Decree No. 18404 enters into force shall establish safety facilities, etc. (excluding interior aisles and windows specified in subparagraph 2 of Article 9) until May 30, 2007: Provided, That where they have installed one of the following facilities in a case where installation of emergency exits is deemed impossible and publicly announced as such by the head of the National Emergency Management Agency because of building structure, emergency exits shall be deemed installed:
1. Where a publicly-used establishment required to install interior decoration with inflammable or semi-inflammable material pursuant to Article 10 (1) of the Act installs at least 9/10 of the area (referring to the area combining a ceiling and wall) of the interior decoration with inflammable or semi-inflammable material;
2. Where a basic sprinkler system is installed in compliance with the standards prescribed by Ordinance of the Ministry of the Interior pursuant to Article 9 (1) of the Act.
Article 4 (Transitional Measures concerning Establishment of Safety Facilities, etc. of Publicly-Used Establishments in Regions subject to Expropriation under Reconstruction, Redevelopment and Urban Planning)
Where demolition of a publicly-used establishment in a region subject to expropriation under residential environment improvement projects, housing redevelopment projects, housing reconstruction projects and urban environment rearrangement projects under any item of subparagraph 2 of Article 2 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents has been determined to take place by December 31, 2007 and the establishment has compartmented rooms with automatic diffusion fire extinguishers and self-contained type fire alarm devices installed, the installation of the following facilities, etc. may be deferred until the time of the demolition, notwithstanding the main sentence of Article 3 of the Addenda:
1. Emergency exits;
2. Basic sprinkler systems;
3. Flame-resistant treatment for flame-resistant items.
Article 5 Omitted.
Article 6 (Relationship to Other Statutes)
A citation of the Enforcement Decree of the Installation, Maintenance, and Safety Control of Fire-Fighting Systems Act or any provision thereof by any statute as at the time this Decree enters into force shall be deemed a citation of the relevant provision of this Decree in lieu of the previous provision, if this Decree has relevant provision.
ADDENDA <Presidential Decree No. 21098, Oct. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 21176, Dec. 24, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures)
The previous provisions shall apply to administrative fines for acts committed before this Decree enters into force.
ADDENDUM <Presidential Decree No. 21600, Jul. 1, 2009>
This Decree shall enter into force on July 8, 2009.
ADDENDA <Presidential Decree No. 21676, Aug. 6, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 7, 2009. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22331, Aug. 11, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force three months after the date of its promulgation.
Article 2 (Applicability concerning Expansion of Requirement to Install Basic Sprinkler System)
The amended provision of the latter part of Article 9 (1) 1 (a) and the proviso to paragraph (2) of the same Article shall apply starting with a business place reporting installation of safety facilities, etc. to commence business or installing or replacing interior decoration or changes interior structure (referring to the increase or decrease of the area of the business place, increase or decrease of compartmented rooms of the business place or change of interior structure of interior aisle; hereinafter the same shall apply): Provided, That Article 3 (1) the Addenda shall apply to the business owner of or the persons relevant to the operation of a pistol shooting range as at the time this Decree enters into force.
Article 3 (Transitional Measures concerning Installation of Safety Facilities, etc. and Change of Interior Decoration)
(1) The business owner of or persons relevant to operation of a pistol shooting range under subparagraph 7-3 of Article 2 at the time this Decree enters into force shall install the safety facilities, etc. under Article 9 (1) until March 31, 2011, and shall install or replace interior decoration pursuant to Article 10 of the Act.
(2) The interior decoration installed in the golf practice course under Article subparagraph 7-4 of Article 2 and in the place of massage practice under subparagraph 7-5 of the same Article as at the time this Decree enters into force shall be deemed installed properly in accordance with Article 10 of the Act.
(3) The business owner of or persons relevant to operation of the golf practice course under subparagraph 7-4 of Article 2 and the place of massage practice under subparagraph 7-5 of the same Article as at the time this Decree enters into force shall install the safety facilities, etc. pursuant to Article 9 (1) until this Decree enters into force: Provided, That the basic sprinkler system under Article 9 (1) 1 (a) may be installed at the time of the first installation or replacement of, or change of the interior structure of, the interior decoration after this Decree enters into force, and the fire-proof facilities under Article 9 (1) 1 (d) may be established at the time of the first change of the interior structure after this Decree enters into force.
(4) Notwithstanding paragraphs (1) and (3), where installation of an emergency exit under Article 9 (1) 1 (d) is deemed impossible by and publicly announced as such by the head of the National Emergency Management Agency because of building structure and where one of the following facilities is established, an emergency exit shall be deemed installed:
1. Where the interior decoration is installed with inflammable or semi-inflammable material pursuant to Article 10 (1) of the Act (limited to cases where the area of interior decoration combining a ceiling and wall is at least 9/10);
2. Where a basic sprinkler system is installed in compliance with the standards prescribed by Ordinance of the Ministry of the Interior pursuant to Article 9 (1) of the Act.
ADDENDA <Presidential Decree No. 22724, Mar. 29, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Administrative Fines)
(1) The previous provisions shall apply concerning the criteria for imposing administrative fines against violations committed before this Decree enters into force, notwithstanding the amended provision of attached Table 3.
(2) Imposition of administrative fines for a violation committed before this Decree enters into force shall not be included in the calculation of the number of violations under the amended provision of attached Table 3.
ADDENDA <Presidential Decree No. 23570, Jan. 31, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 5, 2012. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 23571, Jan. 31, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 5, 2012.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 24257, Dec. 27, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 23, 2013.
Article 2 (Applicability concerning Establishment of Safety Facilities, etc.)
The amended provisions of Article 9 and attached Table 1 shall apply starting with a business place reporting installation of safety facilities, etc. or reporting change of interior structure pursuant to Article 9 (3) 1 or 2 of the Act after this Decree enters into force.
ADDENDA <Presidential Decree No. 24417, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 24863, Nov. 20, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Installation of Evacuation Guide Line, etc.)
The amended provision of subparagraph 1 (c) 2) and 3 (b) of attached Table 1 shall apply starting with a business place reporting installation of safety facilities, etc. or reporting change of interior structure pursuant to Article 9 (3) 1 or 2 of the Act after this Decree enters into force.
Article 3 (Transitional Measures concerning Safety Facilities, etc. of Business of Providing Multiple Types of Visual Materials)
(1) The safety facilities, etc. and interior decoration installed pursuant to the previous provisions in the establishment of business of providing multiple types of visual materials pursuant to the amended provision of subparagraph 2 of Article 2, which obtained registration after changing the previous business of running a video-viewing establishment or combined distribution and game providing business to business of providing multiple types of visual materials pursuant to Article 4 of the Addenda of the partially amended Promotion of the Motion Pictures and Video Products Act under Act No. 11314, shall be deemed installed properly in accordance with Articles 9 (1) and 10 of the Act.
(2) A person engaged in the business of providing multiple types of visual materials under the amended provision of subparagraph 2 of Article 2 (excluding a person who obtained registration after changing the previous business of running a video-viewing establishment or combined distribution and game providing business to business of providing multiple types of visual materials pursuant to Article 4 of the Addenda of the partially amended the Promotion of the Motion Pictures and Video Products Act under Act No. 11314) as at the time this Decree enters into force shall establish the safety facilities, etc. and interior decoration under Articles 9 (1) and 10 of the Act within three months after this Decree enters into force.
Article 4 (Transitional Measures concerning Safety Facilities, etc. of Private Teaching Institute)
(1) The safety facilities, etc. and interior decoration installed pursuant to the former provisions, in the business place of a private teaching institute pursuant to subparagraph 3 (b) (3) of Article 2, where the establishment of the business of providing multiple types of visual materials under the amended provision of subparagraph 2 of Article 2 (referring to the establishment that obtained registration after changing the previous business of running a video-viewing establishment or combined distribution and game providing business to business of providing multiple types of visual materials pursuant to Article 4 of the Addenda of the partially amended Promotion of the Motion Pictures and Video Products Act under Act No. 11314 as at the time this Decree enters into force) and a private teaching institute are in one building shall be deemed installed properly in accordance with Articles 9 (1) and 10 of the Act.
(2) A person who operates a private teaching institute falling under subparagraph 3 (b) (3) of Article 2, in a building in which an establishment of business of providing multiple types of visual materials pursuant to subparagraph 2 of Article 2 (excluding the cases where registration has been obtained after changing the previous business of running a video-viewing establishment or combined distribution and game providing business to business of providing multiple types of visual materials pursuant to Article 4 of the Addenda of the partially amended Promotion of the Motion Pictures and Video Products Act under Act No. 11314) is located shall install the safety facilities, etc. and interior decoration under Articles 9 (1) and 10 of the Act within three months after this Decree enters into force.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25753, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Presidential Decree No. 25886, Dec. 23, 2014>
This Decree shall enter into force on January 8, 2015: Provided, That the amended provision of Article 22-3 shall enter into force on January 1, 2015.
ADDENDA <Presidential Decree No. 26688, Nov. 30, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 21, 2016.
Article 2 (Transitional Measures concerning Imposition of Administrative Fines for Failure to Purchase Fire Liability Insurance)
The previous provision shall apply to cases where fire liability insurance needs to be purchased pursuant to Article 13-2 of the Act (including resubscription) before this Act enters into force, notwithstanding the amended provision of subparagraph 2 (i) of attached Table 6.
ADDENDA <Presidential Decree No. 26916, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 21, 2016. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 27299, Jun. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2016. (Proviso Omitted.)
Articles 2 through 10 Omitted.
Article 11 (Transitional Measures concerning Amendment of Enforcement Decree of the Special Act on the Safety Control of Publicly Used Establishments)
Imposition of administrative fines for violations committed before this Decree enters into force shall not be included in the calculation of the number of violations under the amended provision of attached Table 6.
Articles 12 through 15 Omitted.
ADDENDUM <Presidential Decree No. 27395, Jul. 26, 2016>
This Decree shall enter into force on July 28, 2016.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 28216, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That any Presidential Decree amended by Article 3 of this Addenda which was promulgated before this Decree enters into force but the enforcement date of which has yet to arrive, shall enter into force on the enforcement date of each relevant Presidential Decree.
Articles 2 and 3 Omitted.