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ACT ON SAFETY CONTROL, ETC. OF SMALL PUBLIC FACILITIES

Act No. 13437, Jul. 24, 2015

Amended by Act No. 14839, Jul. 26, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to protect people’s lives and property from disasters and contribute to the public safety by prescribing the matters such as safety control, including safety inspection, of small public facilities, establishment of plan for maintenance of dangerous facilities among them, and emergency safety measures for them.
 Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows:
1. The term “small public facilities” means facilities prescribed by Presidential Decree not controlled by other Acts such as the Road Act and the River Act, including small bridges, narrow rivers, pools, and drop structures;
2. The term “disaster” means harms caused by the disaster pursuant to subparagraph 1 (a) of Article 3 of the Framework Act on the Management of Disasters and Safety;
3. The term “small dangerous facilities” means facilities, among small facilities, which are likely to cause harms due to high risk of disaster, designated and notified under Article 7;
4. The term “risk evaluation” means to conduct visual or technological examination and analyze and predict risks in quantitative and qualitative manners for small public facilities, by persons with experience and technology to analyze social and geological conditions, disaster risk factors and expected scale of harms, history of occurrence of disasters, etc.;
5. The term “management agency” means the Special Self-Governing Province Governor, Metropolitan Autonomous City Mayor, the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) who manages small public facilities;
6. The term “business operator” means a person who obtains permission from the management agency pursuant to Article 12 or wins subcontracts for business from the management agency.
 Article 3 (Duty of Management Agency)
The management agency shall endeavor to reduce harms through the inspection and maintenance, etc. of small public facilities in his/her jurisdiction.
CHAPTER II SAFETY INSPECTION AND CONTROL OF SMALL PUBLIC FACILITIES
 Article 4 (Preparation of Ledger of Small Public Facilities)
(1) The management agency shall prepare and manage a ledger of small public facilities, which specifies the location, size, etc. of small public facilities in his/her jurisdiction.
(2) Matters necessary for the preparation, management, etc. of a leger of small public facilities shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 14839, Jul. 26, 2017>
 Article 5 (Safety Inspection, etc. of Small Public Facilities)
(1) The management agency shall conduct the safety inspection of small public facilities in his/her jurisdiction and inform the Minister of the Interior and Safety of the result thereof. In such cases, the head of a Si/Gun/Gu or the management agency, shall also inform the Special Metropolitan City Mayor, Metropolitan City Mayor, or Do governor (hereinafter referred to as “Mayor/Do Governor”) of such result. <Amended by Act No. 14839, Jul. 26, 2017>
(2) Where the management agency conducts the safety inspection pursuant to paragraph (1), he/she may appoint the relevant experts for each facility and conduct an on-site inspection jointly.
(3) The Minister of the Interior and Safety or a Mayor/Do Governor may conduct a confirmatory inspection as to the result of the safety inspection conducted by the management agency, and when necessary, he/she shall require the management agency to take measures such as maintenance, repair, etc. <Amended by Act No. 14839, Jul. 26, 2017>
(4) When necessary according to the result of the safety inspection, the Minister of the Interior and Safety or a Mayor/Do Governor may provide administrative or financial support. <Amended by Act No. 14839, Jul. 26, 2017>
(5) Matters necessary for contents and methods of the safety inspection under paragraph (1) and the notification, etc. of the result of the inspected matters shall be prescribed by Presidential Decree.
 Article 6 (Notification and Implementation of Small Public Facilities Management Standard)
(1) The Minister of the Interior and Safety shall determine and notify the standard necessary for maintenance and management of small public facilities, such as the safety inspection, repair, and reinforcement (hereinafter referred to as “management standard”). The same shall also apply where such standard is to be altered. <Amended by Act No. 14839, Jul. 26, 2017>
(2) The management agency shall observe the management standard in cases of maintenance and management, such as inspection, repair, and reinforcement of small public facilities in his/her jurisdiction.
 Article 7 (Designation and Management of Small Dangerous Facilities)
(1) When the management agency deems that the risk of disaster is high as a result of conducting safety inspection pursuant to Article 5, he/she shall designate the relevant small public facilities as small dangerous facilities.
(2) When designating small dangerous facilities pursuant to paragraph (1), the management agency shall conduct the risk evaluation prescribed by Presidential Decree: Provided, That this shall not apply where an imminent risk of disaster exists.
(3) When designating small dangerous facilities pursuant to paragraph (1), the management agency shall publicly announce the name, location, etc. of such facilities, as prescribed by Presidential Decree. The same shall also apply where such details are to be altered or cancelled.
 Article 8 (Limitation of Passing)
(1) Where the management agency deems that the small dangerous facility designated pursuant to Article 7 is dangerous, he/she may prohibit or limit the passing thereof.
(2) In cases of prohibiting or limiting the passing pursuant to paragraph (1), the directional signs shall be established.
(3) Other than the matters prescribed in paragraphs (1) and (2), matters necessary for the prohibition or limitation of the passing shall be prescribed by Presidential Decree.
CHAPTER III ESTABLISHMENT OF SMALL DANGEROUS FACILITIES MAINTENANCE PLANS
 Article 9 (Medium-term Maintenance Plans for Small Dangerous Facilities)
(1) The management agency shall establish a medium-term maintenance plan for small dangerous facilities (hereinafter referred to as “medium-term plan”) every five years to prevent disasters and systematically maintain small dangerous facilities in his/her jurisdiction. In such cases, the plan shall include the priority of the maintenance of small dangerous facilities.
(2) In cases of establishing a medium-term plan, the Special Metropolitan City May and the Special Self-Governing Province Governor shall submit it to the Minister of the Interior and Safety; and the head of a Si/Gun/Gu shall submit it to a Mayor/Do Governor, respectively. <Amended by Act No. 14839, Jul. 26, 2017>
(3) Where a Mayor/Do Governor receives a medium-term plan from the head of a Si/Gun/Gu pursuant to paragraph (2), he/she submit it to the Minister of the Interior and Safety by attaching his/her opinion of reviewing the relevancy of the plan with the development of the relevant region and the maintenance plan, established under other Acts. <Amended by Act No. 14839, Jul. 26, 2017>
(4) Where the Minister of the Interior and Safety deems that it is necessary for the medium-term plan submitted pursuant to paragraphs (2) and (3), he/she may request the management agency to amend or complement the medium-term plan. <Amended by Act No. 14839, Jul. 26, 2017>
(5) Paragraphs (1) through (4) shall apply mutatis mutandis to the alteration of medium-term plans.
(6) Other matters necessary for the details, procedure, etc. of establishment of medium-term plans shall be prescribed by Presidential Decree.
 Article 10 (Establishment, etc. of Implementation Plans for Small Dangerous Facilities Maintenance Projects)
(1) The management agency shall establish an implementation plan for small dangerous facilities maintenance projects (hereinafter referred to as “implementation plan”) according to the relevant medium-term plan, and carry out a small dangerous facilities maintenance project: Provided, That this shall not apply to the maintenance of small dangerous facilities prescribed by Presidential Decree.
(2) Where there is a relevant agency when the management agency establishes an implementation plan pursuant to paragraph (1), he/she shall undergo prior consultation with the agency.
(3) The management agency shall publicly announce the implementation plan finalized after the prior consultation pursuant to paragraph (2), as prescribed by Ordinance of the Ministry of the Interior and Safety, and allow the general public to inspect the design documents. <Amended by Act No. 14839, Jul. 26, 2017>
(4) Paragraphs (1) through (3) shall apply mutatis mutandis to the alteration of the implementation plans.
(5) The Minister of the Interior and Safety may evaluate the record of carrying out the implementation plan, as prescribed by Ordinance of the Ministry of the Interior and Safety, and give an award for it. <Amended by Act No. 14839, Jul. 26, 2017>
(6) Where the management agency completes the construction of small dangerous facilities according to the implementation plan, he/she shall publicly notify the details thereof, as prescribed by Presidential Decree.
(7) Matters necessary for the details, procedure, etc. of establishment of implementation plans shall be prescribed by Presidential Decree.
 Article 11 (Preparation and Operation of Small Dangerous Facilities Design Standard)
(1) The Minister of the Interior and Safety shall prepare and disseminate a design standard for small dangerous facilities, as prescribed by Presidential Decree, for a systematic establishment of implementation plans pursuant to Article 10. <Amended by Act No. 14839, Jul. 26, 2017>
(2) The management agency shall apply the design standard for small dangerous facilities under paragraph (1) to the establishment of implementation plans pursuant to Article 10.
 Article 12 (Carrying Out Construction by Persons Other Than Management Agency)
(1) Any person other than the management agency (excluding the State and local governments) may carry out construction of small public facilities after obtaining the permission of the management agency: Provided, That a minor construction prescribed by Presidential Decree may be carried out without permission.
(2) When granting the permission pursuant to paragraph (1), the management agency shall review the following:
1. Whether the relevant construction affects a medium-term plan under Article 9 and an implementation plan under Article 10;
2. Whether the expense and period of the construction are appropriate;
3. Whether the artificial structure to be established meets the relevant design standard;
4. The risk of occurrence of disaster;
5. Whether the conservation and management of small public facilities is necessary.
(3) Where the management agency grants permission to carry out the construction pursuant to paragraph (1), he/she shall publicly announce such fact, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 14839, Jul. 26, 2017>
(4) A person who intends to carry out the construction of small public facilities pursuant to paragraph (1) shall, without delay, undergo the completion inspection of construction by the management agency after the completion of the construction; when the completion inspection is finished, the management agency shall notify the details thereof, as prescribed by Presidential Decree.
(5) When granting the permission pursuant to paragraph (1), if necessary, the management agency may require a person who applied for the permission to deposit all or some of the construction expenses.
(6) The scope of the construction for which the construction expenses may be deposited pursuant to paragraph (5), the standard of deposit money and the timing for deposit, and other necessary matters shall be prescribed by Presidential Decree.
 Article 13 (Statutory Treatment of Authorization, Permission, etc. under Other Acts)
(1) For the following permission, authorization, license, approval, report, determination, consultation, etc. (hereinafter referred to as “authorization, permission, etc.”), where the management agency establishes or alters an implementation plan pursuant to Article 10 or permits persons other than the management agency to carry out the construction of small public facilities pursuant to Article 12, the matters he/she consulted with the head of the relevant administrative agency pursuant to paragraph (3) shall be deemed to have obtained the authorization, permission, etc.; where he/she publicly announce an implementation plan and the details of the permission for carrying out construction, it shall be deemed that he/she publicly notified or announced the relevant authorization, permission, etc.:
1. The occupancy or use permit of public waters under Article 8 of the Public Waters Management and Reclamation Act; consultations or approval under Article 10 of the same Act; approval or report of implementation plan for occupancy or use under Article 17 of the same Act; reclamation license under Article 28 of the same Act; consultation or approval of reclamation conducted by the State, etc. under Article 35 of the same Act; and approval of implementation plan for reclamation of public waters under Article 38 of the same Act;
2. The approval of the development plan or approval of revision to such plan under Article 54 of the Tourism Promotion Act;
3. The determination of urban or gun management plans (only referring to the plan for infrastructure among the plans under subparagraph 4 (c) of Article 2) under Article 30 of the National Land Planning and Utilization Act; permission for development activities under Article 56 of the same Act; designation of implementers of urban or gun planning facility projects under Article 86 of the same Act; and preparation, authorization, etc. of implementation plans under Article 88 of the same Act;
4. The permission for changing land shape or quality under Article 111 of the Rearrangement of Agricultural and Fishing Villages Act;
5. The permission to divert farmland under Article 34 of the Farmland Act; reports on diversion of farmland under Article 35 of the same Act; and permission for temporary use of farmland for other purposes under Article 36 of the same Act;
6. The permission for altering, etc. the current status of State-designated cultural heritage under Article 35 (1) 1, 2, and 4 of the Cultural Heritage Protection Act; report on alteration of current state of registered cultural heritage under Article 56 of the same Act and permission to use state-owned cultural heritage under the proviso to Article 66 of the same Act; and consultation under Article 8 of the Act on Protection and Inspection of Buried Cultural Heritage;
7. The permit to build a private road under Article 4 of the Private Road Act;
8. The permit to lumber, etc. under Article 14 of the Erosion Control Work Act;
9. The permits to report, etc. felling standing timber, etc., under Article 36 (1) and (4) of the Creation and Management of Forest Resources Act;
10. The permission of or reporting on activities within a forest conservation zone (excluding forest genetic resources protection zones) under Article 9 (1) and paragraph (2) 1 and 2 of the same Article of the Forest Protection Act;
11. The permission for conversion of mountainous districts under Article 14 of the Mountainous Districts Management Act, reporting on conversion of mountainous districts pursuant to Article 15 of the same Act; permission for and reporting on temporary use of mountainous districts under Article 15-2 of the same Act; and permission, etc. for collecting earth or stone under Article 25 of the same Act;
12. The authorization for installation of private-use waterworks under Article 52 of the Water Supply and Waterworks Installation Act; and authorization for installation of private-use industrial waterworks under Article 54 of the same Act;
13. The permission of acts in the park area under Article 23 of the Natural Parks Act;
14. The permission of the implementation of road works for persons other than road management agency under Article 36 of the Road Act; permission for occupation and use of roads under Article 61 of the same Act; and consultation with or permission from the road management agency under Article 107 of the same Act;
15. The formulation of plans for implementing maintenance of small rivers under Article 8 of the Small River Maintenance Act; and permission for the execution of construction works by persons other than the managing authority under Article 10 of the same Act;
16. The permission of acts within grassland pursuant to Article 21-2 of the Grassland Act; and permission of, reporting, or consultation on conversion of the use of grassland under Article 23 of the same Act;
17. The permit to conduct construction work related to a public sewerage system under Article 16 of the Sewerage Act; and permission for occupation and use under Article 24 of the same Act;
18. The establishment of the river works execution plan under Article 27 of the River Act; permission for the execution of river works by persons other than river management agencies under Article 39 of the same Act; permission for occupation and use of rivers under Article 33 of the same Act; and permit to activities in predetermined river land, etc. under Article 38 of the same Act;
19. The permission to entry into the controlled protection zones under Article 9 (1) 1 of the Protection of Military Bases and Installations Act; and consultation on permission by the administrative agency under Article 13 of the same Act.
(2) Where a person other than the management agency intends to receive statutory treatment of authorization, permission, etc. pursuant to paragraph (1), he/she shall submit the related documents prescribed by the relevant Acts when he/she applies for the permission for carrying out the construction of small public facilities under Article 12.
(3) Where the management agency intends to establish or alter an implementation plan for small dangerous facilities maintenance projects pursuant to Article 10 or permit a construction of small public facilities carried out by persons other than the management agency pursuant to Article 12, he/she shall consult with the head of the relevant administrative agency in advance where the matters under each subparagraph of paragraph (1) are included therein.
(4) In any of the following cases, for the matters the management agency consults with the head of the relevant administrative agency pursuant to paragraph (6) regarding the completion inspection, completion authorization, etc. which is legally construed as authorization, permission, etc. under paragraph (1), it shall be deemed that there are relevant completion inspection, completion authorization, etc. and the notification following them:
1. Where the details of completion of construction of small dangerous facilities are publicly notified pursuant to Article 10 (6);
2. Where the inspection of completion is finalized and publicly notified pursuant to Article 12 (4).
(5) Where a person other than the management agency intends to receive statutory treatment of completion authorization, completion permission, etc. pursuant to paragraph (4), he/she shall submit the related documents prescribed by the relevant Acts when he/she applies for the completion inspection pursuant to Article 12 (4).
(6) Where the management agency completes the construction pursuant to Article 10 (6) or carries out the completion inspection pursuant to Article 12 (4), he/she shall consult with the head of the relevant administrative agency in advance where there are matters corresponding to the completion inspection, completion authorization, etc. which is legally construed as authorization, permission, etc. pursuant to paragraph (1).
 Article 14 (Expropriation of Land, etc.)
(1) Where the management agency deems that it is necessary to implement a small dangerous facilities maintenance project, he/she may expropriate or use the ownership of lands, buildings, or articles settled in the land in the project district, or rights other than the ownership for the lands, buildings, or articles.
(2) The public announcement of the implementation plan pursuant to Article 10 and the public announcement of the matters permitted for the implementation of construction of small public facilities pursuant to Article 12 shall be deemed the public notification of the project approval or the public announcement of project approval pursuant to Articles 20 (1) and 22 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects; and the application for the decision may be filed within the period of the implementation of the project, notwithstanding Articles 23 (1) and 28 (1) of the same Act.
(3) The Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply mutatis mutandis to the expropriation or use under paragraph (1), except as otherwise provided for expressly in this Act.
 Article 15 (Access, etc. to Land)
(1) Where a business operator intends to carry out an on-site inspection for safety inspection regarding small public facilities, or an inspection or measurement to establish an implementation plan and where it is necessary for the implementation, etc. of maintenance projects, he/she may enter the land occupied by others or use the land of others temporarily, and may alter or remove trees, soil, stones, or other obstacles.
(2) Any business operator who intends to enter or temporarily use the land of others or alter or remove trees, soil, stones, or other obstacles pursuant to paragraph (1) shall obtain a consent of the owner or occupant of the relevant land or obstacles (hereafter referred to as “relevant person” in this Article) in advance: Provided, That where he/she fails to obtain the consent since the relevant person was not at the scene or the address of the relevant person is unknown, he/she shall obtain a permission of the management agency within the jurisdiction.
(3) Any business operator who intends to conduct the acts pursuant to paragraph (1) shall carry a certificate that indicates his/her authority and present it to related persons.
 Article 16 (Indemnification for Loss Resulting From Access, etc. to Land)
(1) A business operator shall indemnify a person who suffers a loss due to the acts under Article 15 for such loss.
(2) A business operator and a person who suffers the loss shall consult on the indemnification of loss under paragraph (1).
(3) Where the consultation on the indemnification of loss under paragraph (2) is not established or the consultation is not available, the application for the decision may be filed with the land expropriation committee within the jurisdiction.
(4) Articles 83 through 87 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply mutatis mutandis to the decision of the land expropriation committee within the jurisdiction under paragraph (3).
CHAPTER IV EMERGENCY MEASURES AND EMERGENCY BURDEN
 Article 17 (Emergency Safety Measures, etc. for Disaster Prevention)
Where a disaster occurred in small public facilities or there is a concern of occurrence of such disaster, the management agency shall limit or prohibit the use of such facilities or take emergency safety measures such as repair, reinforcement, removal, etc., as prescribed by Presidential Decree.
 Article 18 (Temporary Use of Facilities Including Land, etc.)
(1) Where it is deemed that the management agency shall take emergency measures since a disaster occurred in small public facilities within the jurisdiction or there is a concern of such disaster, the management agency may require persons in the relevant disaster scene or persons who reside in the nearby area to take emergency measures; may use land, building, structure, or other possessions of others temporarily; or may alter or remove obstacles.
(2) Where there is a loss due to the emergency measures under paragraph (1), the management agency shall indemnify the loss in accordance with the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.
(3) Article 65 of the Framework Act on the Management of Disasters and Safety shall apply mutatis mutandis to the treatment and indemnification of the management agency for persons who engage in the emergency measures pursuant to paragraph (1).
CHAPTER V SUPPLEMENTARY PROVISIONS
 Article 19 (Technology Enhancement and Research and Development)
(1) The Minister of the Interior and Safety shall consult with a Mayor/Do Governor and the management agency to deliberate on policies for technology enhancement such as safety control standards, etc. necessary for safety control of and prevention of disasters in small public facilities. <Amended by Act No. 14839, Jul. 26, 2017>
(2) A Mayor/Do Governor and the management agency shall actively cooperate with the policies for technology enhancement pursuant to paragraph (1).
(3) Article 58 of the Countermeasures against Natural Disasters Act shall apply mutatis mutandis to the matters regarding the fostering of research and development projects for prevention of disaster, etc. in small public facilities.
 Article 20 (Building Information System of Small Public Facilities)
(1) The Minister of the Interior and Safety shall build and operate an information system to provide information and accumulate and disseminate technology necessary for the prevention of disaster such as efficient organization, maintenance and management, etc. of small public facilities. <Amended by Act No. 14839, Jul. 26, 2017>
(2) The Minister of the Interior and Safety may request a Mayor/Do Governor and the management agency of necessary information regarding the building of information system under paragraph (1). In such cases, a Mayor/Do Governor and the management agency shall, upon receipt of such request, comply therewith unless extenuating circumstances exist. <Amended by Act No. 14839, Jul. 26, 2017>
CHAPTER VI PENAL PROVISIONS
 Article 21 (Penal Provisions)
Any of the following persons shall be punished by imprisonment with prison labor for up to six months or by a fine not exceeding five million won:
1. A person who conducts the construction work of small public facilities without obtaining the permission under Article 12 (1);
2. A person who interferes with the acts under Article 15 (1) without any justifiable grounds;
3. A person who destroys or affects the function of small public facilities without any justifiable grounds;
 Article 22 (Joint Penal Provisions)
If the representative of a corporation, or an agent, employee, or any other servants employed by a corporation or an individual, commits an offense under Article 21 in connection with the business affairs of the corporation or individual, not only shall such offender be punished, but also the corporation or individual shall be punished by a fine under the relevant provisions: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offense.
ADDENDUM
This Decree shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation: Provided, That the amended part of an Act which was promulgated before the enforcement of this Act, but the date on which it enters into force has not yet arrived, among the Act amended by Article 5 of the Addenda, shall enter into force on the enforcement date of the relevant Act, respectively.
Articles 2 through 6 Omitted.