Law Viewer

Back Home

ENFORCEMENT DECREE OF THE ACT ON SAFETY CONTROL, ETC. OF SMALL PUBLIC FACILITIES

Presidential Decree No. 27177, May 17, 2016

Amended by Presidential Decree No. 28211, Jul. 26, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to provide for matters delegated by the Act on Safety Control, etc. of Small Public Facilities and matters necessary for the enforcement thereof.
 Article 2 (Scope of Small Public Facilities)
“Facilities prescribed by Presidential Decree, including small bridges, narrow rivers, pools, and drop structure” in subparagraph 1 of Article 2 of the Act on Safety Control, etc. of Small Public Facilities (hereinafter referred to as the “Act”) means small bridges, narrow rivers, pools, drop structure, farm villages, and access roads to villages, meeting the standard notified by the Minister of the Interior and Safety in consideration of the following matters: <Amended by Act No. 14839, Jul. 26, 2017>
1. The structure, location, and size of facilities;
2. The surrounding environment including traffic volume;
3. Other matters deemed necessary by the Minister of the Interior and Safety for disaster prevention and safety control.
CHAPTER II SAFETY INSPECTION AND CONTROL OF SMALL PUBLIC FACILITIES
 Article 3 (Safety Inspection of Small Public Facilities)
(1) The management agency shall conduct the safety inspection regarding the following matters by March 31 every year pursuant to the former part of Article 5 (1) of the Act and record and manage the result thereof:
1. The maintenance and management status of small public facilities;
2. The status of surrounding obstacles which have effects on the functions of small public facilities;
3. The management status of directional signs and facilities established pursuant to Article 6 (limited to where directional signs or facilities are established);
4. Other matters deemed necessary by the management agency to judge the risk of disaster of the relevant facilities.
(2) The management agency shall inform the Minister of the Interior and Safety of the result of the safety inspection under paragraph (1) by April 30 every year. <Amended by Act No. 14839, Jul. 26, 2017>
(3)  Where the head of a Si/Gun/Gu, or the management agency, informs the result of the safety inspection pursuant to paragraph (2), he/she shall also inform the Special Metropolitan City Mayor, Metropolitan City Mayor, and Do governor of the result.
(4) Other than the matters prescribed in paragraphs (1) through (3), matters necessary for conducting the safety inspection of small public facilities and informing the result thereof shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 14839, Jul. 26, 2017>
 Article 4 (Conducting Risk Evaluation)
(1) “The risk evaluation prescribed by Presidential Decree” in the main sentence of Article 7 (2) of the Act means a risk evaluation conducted by the management agency according to the detailed evaluation items determined and notified by the Minister of the Interior and Safety such as the disaster risk factors and possibility of disasters in small public facilities. <Amended by Act No. 14839, Jul. 26, 2017>
(2) Where the management agency conducts the risk evaluation pursuant to the main sentence of Article 7 (2) of the Act, he/she shall require at least two persons to participate in the evaluation who have the necessary experience and technology as determined and notified by the Minister of the Interior and Safety. <Amended by Act No. 14839, Jul. 26, 2017>
(3) Other than the matters prescribed in paragraphs (1) and (2), matters necessary for the detailed methods, procedure, etc. of risk evaluation shall be determined and notified by the Minister of the Interior and Safety. <Amended by Act No. 14839, Jul. 26, 2017>
 Article 5 (Designation and Notification, etc. of Small Dangerous Facilities)
(1) Where the management agency designates small public facilities as small public dangerous facilities, or changes or cancels the designation of small dangerous facilities, he/she shall publicly notify the following matters in the public gazette of the relevant management agency pursuant to Article 7 (3) of the Act:
1. The name, location, and section of the facilities;
2. The maintenance plan for the facilities (limited to designating or changing the designation of small dangerous facilities);
3. Other matters deemed necessary by the management agency for the safety control of the relevant facilities.
(2) Where there is a separate owner, occupant, or manager of small public facilities the management agency intends to designate as small dangerous facilities, or of small dangerous facilities, of which the management agency intends to change or cancel the designation (hereinafter referred to as “relevant person”), the management agency shall publicly notify such fact pursuant to paragraph (1) and notify without delay the relevant person of the matters falling under each subparagraph of the same paragraph.
 Article 6 (Prohibition or Limitation of Passing)
(1) Where the management agency intends to prohibit or limit the passing pursuant to Article 8 (1) of the Act (hereafter referred to as “limitation of passing, etc.” in this Article), he/she shall establish the directional guide stating the following matters pursuant to paragraph (2) of the same Article:
1. The section and period of limitation of passing, etc.;
2. The grounds for limitation of passing, etc.;
3. Other matters deemed necessary by the management agency for the safety control of small dangerous facilities subject to the limitation of passing, etc.
(2) Where it is necessary for the prevention of disaster and safety control of small dangerous facilities subject to the limitation of passing, etc., the management agency may establish additional facilities for limitation of passing, etc. such as facilities for blocking entry to the relevant small dangerous facilities, other than the directional guide under paragraph (1).
(3) Where the management agency conducts the limitation of passing, etc., he/she shall publicly notify the matters falling under each subparagraph of paragraph (1) in the public gazette of the relevant management agency, and inform such matters via the Internet homepage.
(4) Detailed matters regarding the location, size, etc. of establishment of directional guide under paragraph (1) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 14839, Jul. 26, 2017>
CHAPTER III ESTABLISHMENT OF SMALL DANGEROUS FACILITIES MAINTENANCE PLANS
 Article 7 (Medium-term Maintenance Plans for Small Dangerous Facilities Maintenance)
Medium-term maintenance plans for small dangerous facilities established by the management agency pursuant to Article 9 (1) of the Act shall include the following: <Amended by Act No. 14839, Jul. 26, 2017>
1. Annual maintenance plans;
2. The expected business expenses necessary for maintenance;
3. The matters regarding the maintenance effect;
4. Other matters necessary for disaster prevention and maintenance of small dangerous facilities, recognized and publicly notified by the Minister of the Interior and Safety.
 Article 8 (Establishment, etc. of Implementation Plans for Small Dangerous Facilities Maintenance Projects)
(1) Implementation plans for small dangerous facilities maintenance projects established by the management agency pursuant to the main sentence of Article 10 (1) of the Act (hereinafter referred to as “implementation plan”) shall include the following:
1. The outline of the maintenance plan including the following:
(a) The name and location of implementation of the small dangerous facilities maintenance project (hereinafter referred to as “maintenance project”);
(b) The size, business expense, and effect of the maintenance project;
(c) The name of the person implementing the maintenance project;
(d) The due date for the beginning and completion of maintenance construction for small dangerous facilities;
2. The details of the following articles or rights to be expropriated or used pursuant to Article 14 (1) of the Act:
(a) Lands, buildings, or articles settled in the lands;
(b) Rights other than the ownership for the lands, buildings, or articles settled in the lands pursuant to item (a);
3. Matters regarding the owner of the articles and rights pursuant to subparagraph 2 and the right holders other than the owner (including the name (including the name of the corporation) and address);
4. The location map of the implementation area of maintenance business (referring to the topographic map on the scale of 1:5000);
5. The design documents;
6. The expected process chart;
7. The plan for securing the business expenses and fund (including annual investment plans);
8. Other matters regarding the management of small dangerous facilities.
(2) “Cases of the maintenance of small dangerous facilities prescribed by Presidential Decree” in the proviso to Article 10 (1) of the Act means the cases of conducting the maintenance falling under each of the following measures for the small public facilities designated as small dangerous facilities:
1. The emergency safety measures under Article 17 of the Act to repair, reinforce, or remove the relevant facilities;
2. The emergency measures under Article 18 of the Act.
(3) Where the management agency completes the maintenance construction for small dangerous facilities, he/she shall publicly notify the following matters in the public gazette of the relevant management agency pursuant to Article 10 (6) of the Act:
1. The outline of the construction including the following:
(a) The name of the construction;
(b) The location of the implementation of the construction;
(c) The dates of the beginning and completion of the construction;
2. The name of the person implementing the construction;
3. The detailed report of the land subject to the construction;
4. The floor plan which is a topographic map of the relevant small dangerous facilities on the scale of at least 1:1500;
5. Other matters regarding the management of the facilities, the construction for which was completed.
 Article 9 (Preparation of Small Dangerous Facilities Design Standard)
Where the Minister of the Interior and Safety prepares a design standard for small dangerous facilities pursuant to Article 11 (1) of the Act, he/she shall consider the following: <Amended by Act No. 14839, Jul. 26, 2017>
1. The structure of small dangerous facilities;
2. The water level, flow, topography, and geological features of the surrounding areas of small dangerous facilities;
3. The effect on the surrounding environment such as housing and other public facilities, etc.
 Article 10 (Execution of Construction of Small Public Facilities by Persons Other Than Management Agency)
(1) If any person other than the management agency (excluding the State and local governments) intends to obtain permission for executing the construction of small public facilities pursuant to the main sentence of Article 12 (1) of the Act, he/she shall submit the application for the permission of construction of small public facilities prescribed by Ordinance of the Ministry of the Interior and Safety to the management agency by attaching the design documents. <Amended by Act No. 14839, Jul. 26, 2017>
(2) “Minor construction prescribed by Presidential Decree” in the proviso to Article 12 (1) of the Act means a construction of maintenance and repair which does not have an effect on the structure and function of small public facilities.
 Article 11 (Inspection for Completion of Construction of Small Public Facilities by Persons Other Than Management Agency)
(1) Where a person who executes the construction of small public facilities after obtaining permission pursuant to the main sentence of Article 12 (1) of the Act (hereafter referred to as “construction implementor” in this Article) intends to undergo an inspection for the completion of construction pursuant to paragraph (4) of the same Article, he/she shall submit the application for the inspection of the completion of construction prescribed by Ordinance of the Ministry of the Interior and Safety to the management agency by attaching the following documents: <Amended by Act No. 14839, Jul. 26, 2017>
1. Design documents of the completion of construction: Provided, That this shall apply only where any matter is altered in the design documents of the completion of construction, compared to the design documents submitted when the permission for carrying out the construction of small public facilities pursuant to Article 10 (1) was applied for;
2. A statement of accounts of expenses;
3. Photo of panorama and structure.
(2) Upon receipt of the application for the inspection of the completion of construction pursuant to paragraph (1), where the management agency deems that the relevant construction of small public facilities has been implemented according to the permission, he/she shall issue the certificate of the inspection of the completion of construction to the implementor of construction within ten days from the day he/she received the application for the inspection of the completion of construction.
(3) Where the completion inspection of the construction of small public facilities is completed, the management agency shall notify the following matters in the public gazette of the relevant management agency pursuant to Article 12 (4) of the Act:
1. The outline of the construction including the following:
(a) The name of the construction;
(b) The location of the implementation of the construction;
(c) The dates of the beginning and completion of the construction;
2. The name of the person implementing the construction;
3. The detailed report of the land subject to the construction;
4. The floor plan which is a topographic map of the relevant small dangerous facilities on the scale of at least 1:1500;
5. Other matters regarding the management of the facilities, of which the construction was completed.
 Article 12 (Deposit of Construction Expenses)
(1) When the management agency permits the construction of small public facilities to a person other than the management agency pursuant to the main sentence of Article 12 (1) of the Act, he/she may allow the person who files an application for the permission (hereafter referred to as “applicant” in this Article) to deposit the amount not exceeding 50/100 of the construction expenses pursuant to paragraph (5) of the same Article, where the construction falls under any of the following:
1. Where it takes more than six months for carrying out the construction;
2. Where there is a serious concern for the possible occurrence of damage caused by the construction.
(2) The deposit of the construction expenses pursuant to paragraph (1) shall be made by cash (including a cashier’s check issued by the office of communication or banks to which the Banking Act applies): Provided, That the management agency may allow the deposit of certificate of guarantee, etc. falling under each subparagraph of Article 37 (2) of the Enforcement Decree of the Act on Contracts to Which a Local Government Is a Party, substituting the cash.
(3) Where the construction, the expenses for which were allowed to be deposited pursuant to paragraph (1), is completed, the management agency shall, without delay, refund the deposit money pursuant to the main sentence of paragraph (2) or return the certificate of guarantee, etc. pursuant to the proviso to the same paragraph to the applicant.
(4) Where the management agency returns the certificate of guarantee, etc. pursuant to paragraph (3), the returned amount shall include the interest thereto: Provided, That this shall not apply where the certificate of guarantee, etc. was deposited.
CHAPTER IV EMERGENCY MEASURES AND EMERGENCY BURDENS
 Article 13 (Emergency Safety Measures for Small Public Facilities)
Where the management agency intends to limit or prohibit the use of small public facilities or take emergency safety measures such as repair, reinforcement, or removal, etc. pursuant to Article 17 of the Act (hereafter referred to as “emergency safety measures” in this Article), he/she shall publicly notify the following matters in the public gazette of the relevant management agency and inform such matters via the Internet homepage:
1. The status of the relevant small public facilities;
2. The grounds for emergency safety measures;
3. The period for emergency safety measures;
4. Other matters deemed necessary by the management agency for the disaster prevention, etc. caused by small public facilities.
 Article 14 (Emergency Measures, etc. in Small Public Facilities)
(1) Where the management agency requires persons in the relevant disaster scene or persons who reside in the nearby area to take emergency measures pursuant to Article 18 (1) of the Act, he/she shall issue the order of emergency measures to such persons and issue the confirmation of emergency measures to the persons who take emergency measures: Provided, That he/she may order the emergency measures orally where it is necessary to take emergency measures urgently.
(2) Where the management agency uses land, building, structure, or other possessions of others (hereafter referred to as “land, etc.” in this Article) temporarily, or intends to alter or remove obstacles pursuant to Article 18 (1) of the Act, he/she shall notify the persons relevant to the land, etc. of such fact in writing: Provided, That he/she may notify orally in urgent cases.
(3) Where the management agency intends to notify the persons relevant to land, etc. pursuant to the main sentence of paragraph (2) and he/she is not aware of the persons to be notified, he/she shall make a public announcement of the temporary use of land, etc. or the fact of altering or removing obstacles in the bulletin of the relevant management agency for at least 15 days.
(4) Any public official who conducts the act of temporary use of land, etc. or altering or removing obstacles pursuant to Article 18 (1) of the Act shall carry a certificate that indicates his/her authority and present it to related persons.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on July 25, 2016.
Article 2 (Applicability to Implementation, etc. of Safety Inspection of Small Public Facilities)
Article 3 shall begin applying to the safety inspection for small public facilities implemented in 2017.
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 Article 8 of the Addenda, shall enter into force on the enforcement date of the relevant Decree, respectively.
Articles 2 through 8 Omitted.