FIRE-FIGHTING SYSTEM INSTALLATION BUSINESS ACT
Act No. 6894, May 29, 2003
Amended by Act No. 7428, Mar. 31, 2005
Act No. 7660, Aug. 4, 2005
Act No. 7982, Sep. 22, 2006
Act No. 8852, Feb. 29, 2008
Act No. 9198, Dec. 26, 2008
Act No. 10250, Apr. 12, 2010
Act No. 10303, May 17, 2010
Act No. 10219, May 31, 2010
Act No. 10385, Jul. 23, 2010
Act No. 11036, Aug. 4, 2011
Act No. 11690, Mar. 23, 2013
Act No. 11782, May 22, 2013
Act No. 11998, Aug. 6, 2013
Act No. 12844, Nov. 19, 2014
Act No. 12938, Dec. 30, 2014
Act No. 13417, Jul. 20, 2015
Act No. 13918, Jan. 27, 2016
Act No. 14476, Dec. 27, 2016
Act No. 14839, Jul. 26, 2017
Act No. 15300, Dec. 26, 2017
Act No. 15366, Feb. 9, 2018
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to ensure public safety against fire and contribute to the national economy with the sound development of fire-fighting system business and the promotion of fire-fighting technologies by prescribing matters necessary for the management of fire-fighting system installation and fire-fighting technologies.
[This Article Wholly Amended by Act No. 10385, Jul. 23, 2010]
| (1) | The definitions of terms used in this Act shall be as follows: <Amended by Act No. 11036, Aug. 4, 2011; Act No. 12938, Dec. 30, 2014; Act No. 15366, Feb. 9, 2018> |
| 1. | The term "fire-fighting system business" means the following businesses: |
| (a) | Fire-fighting system design: Preparing (hereinafter referred to as "design") construction plans, design drawings, specifications, technical calculations, and related documents (hereinafter referred to as "design documents") which constitute the basis for fire-fighting system installation works; |
| (b) | Fire-fighting system installation: Newly installing, extending, remodeling, relocating, and maintaining (hereinafter referred to as "installation") fire-fighting systems in accordance with design documents; |
| (c) | Fire-fighting system installation supervision: Ascertaining whether a fire-fighting system is installed lawfully in compliance with design documents and related statutes, and providing technical instructions on the quality and installation management (hereinafter referred to as "supervision") on behalf of a person who originally placed an order concerning fire-fighting system installation; |
| 2. | The term "fire-fighting system business entity" means an entity the fire-fighting system business of which has been registered under Article 4 to conduct fire-fighting system business; |
| 3. | The term "supervisor" means a fire protection engineer under a fire-fighting system installation supervision entity, who supervises the relevant fire-fighting system installation; |
| (b) | A fire-fighting technician, fire-fighting equipment engineer, fire-fighting equipment industrial engineer, master craftsman controlling dangerous substances, industrial engineer controlling dangerous substances, and technician controlling dangerous substances prescribed in statutes related to national technical qualifications; |
| 5. | The term "person who originally placed an order" means a person who enters into a contract for the design, installation, supervision, and flame retardation of fire-fighting systems (hereinafter referred to as "fire-fighting system installation, etc.") with a fire-fighting system business entity; Provided, That a contractor who subcontracts contracted works shall be excluded herefrom). |
[This Article Wholly Amended by Act No. 10385, Jul. 23, 2010]
| Article 2-2 (Responsibilities of Entities Involved in Fire-Fighting System Installation, etc.) |
| (1) | The Administrator of the National Fire Agency shall develop and disseminate standards for fire-fighting system installation, etc. in order to ensure the quality and safety of the fire-fighting system installation, etc. |
| (2) | Every project owner shall select a competent fire-fighting system business entity based on the fair criteria and procedure to ensure that fire-fighting systems are built to serve public safety and welfare, and shall strive to conduct fire-fighting system installation, etc. properly. |
| (3) | Every fire-fighting system business entity shall comply with statutes governing fire-fighting system installation, etc. and conscientiously conduct the fire-fighting system installation, etc. as per the design documents, specifications, and conditions of the contract to ensure the quality and safety of such fire-fighting system installation, etc. |
[This Article Newly Inserted by Act No. 15366, Feb. 9, 2018]
<<Enforcement Date: Feb. 10, 2019>> Article 2-2
| Article 3 (Relationship with other Acts) |
[This Article Wholly Amended by Act No. 10385, Jul. 23, 2010]
CHAPTER II FIRE-FIGHTING SYSTEM BUSINESS
| Article 4 (Registration of Fire-Fighting System Business) |
| (1) | A person who intends to engage in fire-fighting system installation works, etc. of a specific fire-fighting object shall have his/her fire-fighting system business registered with the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") upon meeting the requirements prescribed by Presidential Decree, including capital (in cases of an individual, referring to the appraised value of his/her assets) and technical human resources by type of business. <Amended by Act No. 12938, Dec. 30, 2014> |
| (2) | The scope of business by type of fire-fighting system business referred to in paragraph (1) shall be prescribed by Presidential Decree. |
| (3) | Applications for registration of fire-fighting system business under paragraph (1), applications for issuance or re-issuance of registration certificates or registration pocketbooks thereof, and other matters necessary for registration of fire-fighting system business shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| 1. | That it shall be established for the purposes of building and supplying houses; |
| 2. | That it shall engage in design and supervision as its main business. |
[This Article Wholly Amended by Act No. 10385, Jul. 23, 2010]
| Article 5 (Grounds for Disqualification from Registration) |
None of the following persons shall have his/her fire-fighting system business registered: <Amended by Act No. 11782, May 22, 2013; Act No. 13417, Jul. 20, 2015; Act No. 15366, Feb. 9, 2018>
| 1. | An incompetent person under adult guardianship; |
| 2. | Deleted; <by Act No. 13417, Jul. 20, 2015> |
| 5. | A person in whose case two years have not passed since his/her registration of fire-fighting system business which he/she intends to register was revoked (excluding cases where registration was revoked pursuant to subparagraph 1); |
| 6. | A corporation, the representative of which falls under any of subparagraphs 1 through 5; |
| 7. | A corporation, an executive officer of which falls under any of subparagraphs 3 through 5. |
[This Article Wholly Amended by Act No. 10385, Jul. 23, 2010]
| Article 6 (Reporting on Alteration of Registered Matters) |
When a fire-fighting system business entity alters any important matter determined by Ordinance of the Ministry of the Interior and Safety which have been registered pursuant to Article 4, he/she shall report thereon to the competent Mayor/Do Governor, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> [This Article Wholly Amended by Act No. 10385, Jul. 23, 2010]
| Article 6-2 (Report of Suspension, Closedown, etc. of Business) |
| (1) | Where any fire-fighting system business entity suspends, closes down, or re-opens fire-fighting system business, he/she shall report to the Mayor/Do Governor as prescribed by the Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 14839, Jul. 26, 2017> |
| (2) | Upon receipt of report on closedown of business pursuant to paragraph (1), the Mayor/Do Governor shall cancel registration of the fire-fighting system business and publicly announce such fact as prescribed by the Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 14839, Jul. 26, 2017> |
[This Article Newly Inserted by Act No. 13918, Jan. 27, 2016]
| Article 7 (Succession to Status of Fire-Fighting System Business Entities) |
| (1) | Any of the following persons shall succeed to the status of a fire-fighting system business entity: <Amended by Act No. 13918, Jan. 27, 2016> |
| 1. | When a fire-fighting system business entity dies: His/her heir; |
| 2. | When a fire-fighting system business entity transfers his/her business: His/her transferee; |
| 3. | When a corporate fire-fighting system business entity merges with another corporation: The corporation surviving the merger or a corporation established in the course of the merger; |
| 4. | A person who registers fire-fighting system business under Article 4 again within six months after such registration was cancelled as a result of a report on closedown of business under Article 6-2. |
| (2) | A person who acquires an entire fire-fighting system according to the following procedures shall succeed to the status of a fire-fighting system business entity: <Amended by Act No. 14476, Dec. 27, 2016> |
| 4. | Other procedures equivalent to those provided for in subparagraphs 1 through 3. |
| (3) | A person who has succeeded to the status of a fire-fighting system business entity, as prescribed in paragraph (1) or (2), shall report thereon to the competent Mayor/Do Governor, as determined by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (4) | Article 5 shall apply mutatis mutandis to succession to status prescribed in paragraph (1) or (2): Provided, That where an heir falls under any subparagraph of Article 5, the same shall not apply within three months from the date of succession. |
| (5) | Any person who succeeds to the status of a fire-fighting system business entity under paragraph (1) 4, shall be subject to any administrative measure taken on the former fire-fighting system business entity before the report of closedown on business. <Newly Inserted by Act No. 13918, Jan. 27, 2016> |
[This Article Wholly Amended by Act No. 10385, Jul. 23, 2010]
| Article 8 (Operation of Fire-Fighting System Business) |
| (1) | No fire-fighting system business entity shall lend his/her registration certificate or registration pocketbook of fire-fighting system business to any third person. |
| (2) | A fire-fighting system business entity the business of which is suspended or the registration of his/her business is revoked pursuant to Article 9 (1) shall not conduct fire-fighting system installation works, etc. from that date onwards: Provided, That this shall not apply while a fire-fighting system installation business entity is conducting installation works after his/her report on commencement of such works has been accepted with a valid contract for installation, or a fire-fighting system installation supervising business entity is conducting the relevant installation works, or while a person registered to provide flame-retardant treatment services pursuant to Article 4 (1) (hereinafter referred to as “flame-retardant treatment service provider”) is conducting flame-retardant treatment works contracted under the relevant valid contract. <Amended by Act No. 12938, Dec. 30, 2014; Act No. 15366, Feb. 9, 2018> |
| (3) | Where any of the following applies to a fire-fighting system business entity, he/she shall promptly notify a related person of a specific fire-fighting object who entrusted fire-fighting system installation works, etc. of such fact: <Amended by Act No. 12938, Dec. 30, 2014> |
| 1. | When he/she succeeds to the status of a fire-fighting system business entity, as prescribed in Article 7; |
| 2. | When the registration of his/her fire-fighting system business is revoked or his/her fire-fighting system business is suspended under Article 9 (1); |
| 3. | When he/she suspends or closes his/her business. |
| (4) | Fire-fighting system business entities shall keep related documents prescribed by Ordinance of the Ministry of the Interior and Safety during the defect liability period prescribed in Article 15 (1). <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 10385, Jul. 23, 2010]
| Article 9 (Revocation of Registration, Suspension of Business, etc.) |
| (1) | Where any of the following applies to a fire-fighting system business entity, the relevant Mayor/Do Governor may revoke his/her registration or order him/her to make some rectifications or suspend his/her business for a fixed period not exceeding six months, as prescribed by Ordinance of the Ministry of the Interior and Safety: Provided, That when any of subparagraph 1, 3, or 7 applies to him/her, the relevant Mayor/Do Governor shall revoke his/her registration: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 12938, Dec. 30, 2014; Act No. 13417, Jul. 20, 2015; Act No. 13918, Jan. 27, 2016; Act No. 14839, Jul. 26, 2017; Act No. 15366, Feb. 9, 2018> |
| 1. | Where he/she obtains registration by fraud or other improper means; |
| 2. | Where 30 days elapse after he/she has failed to meet registration standards prescribed in Article 4 (1): Provided, That this shall not apply even if 30 days elapse thereafter in cases prescribed by Presidential Decree when he/she fails to meet the capital requirement, such as where rehabilitation procedures are in progress after a court ruling has been issued for the commencement thereof under the Debtor Rehabilitation and Bankruptcy Act; |
| 3. | Where he/she becomes disqualified as provided for in the subparagraphs of Article 5; |
| 4. | Where he/she fails to commence his/her business within one year, or suspends his/her business for at least one consecutive year without good cause after obtaining registration; |
| 5. | Deleted; <by Act No. 11782, May 22, 2013> |
| 6. | Where he/she lends his/her registration certificate or registration pocketbook to a third person, in violation of Article 8 (1); |
| 7. | Where he/she conducts fire-fighting system installation works, etc. during the period of suspension of business, in violation of Article 8 (2); |
| 8. | Where he/she fails to give notice or keep related documents, in violation of Article 8 (3) or (4); |
| 10. | Where he/she inflicts an injury or property damage on any third person by breaching duties, etc. of conducting fire-fighting system installation works, etc. as provided for in Article 11, 12 (1), 16 (1), or 20-2 by intention or negligence; |
| 11. | Where he/she fails to dispatch a subordinate fire protection engineer to an installation site, in violation of Article 12 (2), or does so deceitfully; |
| 12. | Where he/she fails to file a commencement report (including reporting on alteration), in violation of Article 13 or 14, or falsifies the commencement report, or fails to undergo a completion inspection (including a partial completion inspection); |
| 13. | Where he/she fails to report altered minor matters to be reported for commencement as included in an installation supervision report, in violation of Article 13 (2); |
| 14. | Where he/she fails to repair a defect during the defect liability period or fails to notify a defect repair plan, in violation of Article 15 (3); |
| 15. | Where he/she rejects, interferes with, or evades the handover and takeover, in violation of Article 17 (3); |
| 16. | Where he/she fails to dispatch a subordinate supervisor to an installation site, in violation of Article 18 (1), or does so deceitfully; |
| 17. | Where he/she violates any of the standards for dispatching supervisors prescribed in Article 18 (3); |
| 18. | Where he/she fails to comply with a request prescribed in Article 19 (1); |
| 19. | Where he/she fails to file a report, in violation of Article 19 (3); |
| 20. | Where he/she fails to notify the findings of supervision, notifies the false findings thereof, fails to report on the findings of installation supervision, or files a false report thereon, in violation of Article 20; |
| 20-2. | Where he/she provides flame-retardant treatment, in violation of Article 20-2; |
| 21. | Where he/she enters into a subcontract, in violation of Article 22; |
| 22. | Where he/she fails to notify or falsely notify the related person or the person who originally placed an order of matters concerning subcontract, etc., in violation of Article 21-3 (4); |
| 23. | Where he/she fails to comply with a request to replace a subcontractor or to amend the terms and conditions of a subcontract without good cause, in violation of Article 22-2 (2); |
| 23-2. | Where he/she fails to make a payment to a subcontractor, in violation of Article 22-3; |
| 24. | Where he/she concurrently engages in installation works and supervision, in violation of Article 24; |
| 24-2. | Where he/she participates in a tender by fraud or other wrongful means, such as counterfeiting or forging documents regarding the performance competency evaluation for the projects provided for in Article 26-2 (2); |
| 25. | Where he/she fails to report or present materials, in violation of an order issued under Article 31, or files a false report or presents false materials; |
| 26. | When he/she rejects, interferes with, or evades access or an inspection by a public official prescribed in Article 31 without good cause. |
| (2) | Where an heir who has succeeded to the status of a fire-fighting system business entity, as prescribed in Article 7, falls under any of the subparagraphs of Article 5, paragraph (1) 3 shall not apply for six months from the commencement of succession. |
| (3) | Where the fire-fighting system business entity falls under any of the subparagraphs of paragraph (1), the person who originally placed an order shall inform the Mayor/Do Governor of such fact. <Newly Inserted by Act No. 13918, Jan. 27, 2016> |
| (4) | Where cancelling registration, suspending business, imposing penalty surcharges, etc. pursuant to paragraph (1) or Article 10 (1), the Mayor/Do Governor shall inform the person who originally placed an order of relevant details. <Newly Inserted by Act No. 13918, Jan. 27, 2016> |
[This Article Wholly Amended by Act No. 10385, Jul. 23, 2010]
| Article 10 (Imposition of Penalty Surcharges) |
| (1) | Where the suspension of business is likely to cause inconvenience to users or be detrimental to the public interest in any case falling under the subparagraphs of Article 9 (1), the Mayor/Do Governor may impose a penalty surcharge not exceeding 30 million won, in lieu of the suspension of business. |
| (2) | The kinds of violations subject to penalty surcharges referred to in paragraph (1), the amount of penalty surcharges depending on the severity, etc. of violations, and other necessary matters shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | Where a person liable to pay a penalty surcharge prescribed in paragraph (1) fails to pay it by the payment due date, the Mayor/Do Governor shall collect it, as provided for in the Act on the Collection, etc. of Local Non-Tax Revenue. <Amended by Act No. 11998, Aug. 6, 2013> |
[This Article Wholly Amended by Act No. 10385, Jul. 23, 2010]
CHAPTER III FIRE-FIGHTING SYSTEM INSTALLATION WORKS, ETC.
| (1) | A person whose fire-fighting system design business has been registered pursuant to Article 4 (1) (hereinafter referred to as "design business entity") shall design fire-fighting systems in compliance with this Act, any order issued under this Act, and the fire safety standards: Provided, That he/she need not comply with the fire safety standards if the design of a fire-fighting system is deemed unique in terms of its structure, principle, etc. following deliberation thereon by the Central Deliberative Committee on Fire-Fighting Technologies established under Article 11-2 (1) of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems. <Amended by Act No. 12938, Dec. 30, 2014; Act No. 15366, Feb. 9, 2018> |
| (2) | Notwithstanding the main body of paragraph (1), a design business entity shall design (hereinafter referred to as "performance-oriented design") a specific fire-fighting object (only applicable to new construction) provided for in Article 9-3 of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems in consideration of its use, location, structure, capacity to accommodate people, kinds and quantities of inflammables, etc. <Amended by Act No. 12938, Dec. 30, 2014; Act No. 15366, Feb. 9, 2018> |
| (3) | Qualifications for persons eligible to conduct performance-oriented design, technical human resources, the scope of design depending on qualifications, and other necessary matters shall be prescribed by Presidential Decree. |
| (4) | Deleted. <by Act No. 12938, Dec. 30, 2014> |
[This Article Wholly Amended by Act No. 10385, Jul. 23, 2010]
| Article 12 (Installation) |
| (1) | A person whose fire-fighting system installation business has been registered pursuant to Article 4 (1) (hereinafter referred to as "installation business entity") shall conduct installation in compliance with this Act, any order issued under this Act, and the fire safety standards. In such cases, the proviso to Article 11 (1) shall apply mutatis mutandis to installation of a fire-fighting system, the method of construction of which is unique in terms of its structure, principle, etc. |
| (2) | An installation business entity shall dispatch subordinate fire protection engineers to an installation site for the responsible installation and technical management of fire-fighting system installation, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10385, Jul. 23, 2010]
| Article 13 (Filing of Commencement Reports) |
| (1) | When an installation business entity intends to commence installation of a fire-fighting system prescribed by Presidential Decree, he/she shall report the details of such installation works, the place of installation, and other necessary matters to the head of the fire defense headquarters or the head of a fire station, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | When an installation business entity alters important matters prescribed by Ordinance of the Ministry of the Interior and Safety among the matters reported under paragraph (1), he/she shall report on such alteration, as prescribed by Ordinance of the Ministry of the Interior and Safety. In such cases, he/she shall report on minor alterations to the head of the fire defense headquarters or the head of a fire station as included in an installation supervision report prescribed in Article 20. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 10385, Jul. 23, 2010]
| Article 14 (Completion Inspections) |
| (1) | Where an installation business entity has completed installation of a fire-fighting system, he/she shall undergo a completion inspection conducted by the head of the fire defense headquarters or the head of a fire station: Provided, That where an installation supervisor has been designated pursuant to Article 17 (1), an installation supervision report may substitute for the completion inspection, and in cases of a specific fire-fighting object prescribed by Presidential Decree, the head of the fire defense headquarters or the head of a fire station may ascertain whether the installation of such specific fire-fighting system has been completed as stated in the installation supervision report at the installation site. |
| (2) | Where an installation business entity has completed installation of a fire-fighting system for part of a fire-fighting object and needs to use a part thereof prior to the completion of the whole system, he/she may file an application for a completion inspection of such part (hereinafter referred to as "inspection on partial completion") with the head of the fire defense headquarters or the head of a fire station. In such cases, the head of the fire defense headquarters or the head of a fire station shall ascertain whether installation of such part has been completed. |
| (3) | When the head the fire defense headquarters or the head of a fire station has conducted a completion inspection prescribed in paragraph (1) or an inspection of partial completion prescribed in paragraph (2), he/she shall issue a certificate of completion inspection or a certificate of partial completion inspection. |
| (4) | Matters necessary for filing applications for completion inspections and inspections of partial completion, and issuance of certificates of inspection prescribed in paragraphs (1) through (3), and other matters necessary for conducting completion inspections and partial completion inspections shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 10385, Jul. 23, 2010]
| Article 15 (Repair of Defects, etc. of Installation) |
| (1) | When a defect is found in a fire-fighting system prescribed by Presidential Decree, such as automatic fire-detection equipment, after completing installation of the fire-fighting system, the relevant installation business entity shall repair such defect during a period prescribed by Presidential Decree. <Amended by Act No. 13417, Jul. 20, 2015> |
| (2) | Deleted. <by Act No. 13417, Jul. 20, 2015> |
| (3) | When a defect in a fire-fighting system is found within a period prescribed in paragraph (1), a related person shall notify the relevant installation business entity of such fact, which in turn shall, upon receipt of such notification, repair it within three days, or notify the related person in writing of a repair plan stating a repair schedule. |
| (4) | Where an installation business entity falls under any of the following circumstances, a related person may notify the head of the fire defense headquarters or the head of a fire station of such fact: |
| 1. | Where an installation business entity fails to repair a defect within a period prescribed in paragraph (3); |
| 2. | Where an installation business entity fails to notify a repair plan, in writing, within the period prescribed in paragraph (3); |
| 3. | Where a repair plan is deemed inappropriate. |
| (5) | Upon receipt of a notification prescribed in paragraph (4), the head of the fire defense headquarters or the head of a fire station shall request a regional deliberative committee on fire-fighting technologies established under Article 11-2 (2) of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems to deliberate thereon. Where the deliberation deems that an installation business entity falls under any subparagraph of paragraph (4), he/she shall order the installation business entity to repair any defect within a prescribed period. <Amended by Act No. 12938, Dec. 30, 2014; Act No. 15366, Feb. 9, 2018> |
| (6) | Deleted. <by Act No. 13417, Jul. 20, 2015> |
[This Article Wholly Amended by Act No. 10385, Jul. 23, 2010]
| (1) | A person whose fire-fighting system installation supervising business has been registered pursuant to Article 4 (1) (hereinafter referred to as "supervising business entity") shall conduct the following affairs when supervising installation of fire-fighting systems: <Amended by Act No. 12938, Dec. 30, 2014; Act No. 15366, Feb. 9, 2018> |
| 1. | Examining lawfulness of the installation schedule of a fire-fighting system, etc.; |
| 2. | Examining appropriateness (referring to lawfulness and technical rationality; hereinafter the same shall apply) of design documents of a fire-fighting system, etc.; |
| 3. | Examining appropriateness of design changes of a fire-fighting system, etc.; |
| 5. | Instructing and supervising whether installation of a fire-fighting system, etc. by an installation business entity conforms to design documents and the fire safety standards; |
| 6. | Conducting performance tests of completed fire-fighting systems, etc.; |
| 7. | Examining appropriateness of shop drawings prepared by installation business entities; |
| 8. | Examining lawfulness of evacuation or fire-prevention facilities; |
| 9. | Examining lawfulness of incombustibility and flame-retardant articles of interior decorations. |
| (2) | A person who is not a supervising business entity may supervise a fire-fighting system installed at a place prescribed by Presidential Decree, which is a fire-fighting object requiring special safety and security in terms of use and structure. |
| (3) | The kinds, methods, and objects of supervision referred to in paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10385, Jul. 23, 2010]
| Article 17 (Designation, etc. of Installation Supervisors) |
| (1) | When a related person of a specific fire-fighting object prescribed by Presidential Decree installs a fire-fighting system specified by Presidential Decree, such as automatic fire-detection equipment and an indoor fire hydrant, for the specific fire-fighting object, he/she shall designate a supervising business entity as an installation supervisor to supervise the relevant fire-fighting system installation: Provided, That a design business entity may be designated as an installation supervisor in cases of a fire-fighting system designed and installed under the proviso to Article 11 (1) and the latter part of Article 12 (1). <Amended by Act No. 13417, Jul. 20, 2015> |
| (2) | When a related person designates an installation supervisor, as prescribed in paragraph (1), he/she shall report thereon to the head of the fire defense headquarters or the head of a fire station, as prescribed by Ordinance of the Ministry of the Interior and Safety. The same shall also apply when he/she replaces an installation supervisor. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | When a related person has replaced an installation supervisor designated pursuant to paragraph (1), the newly designated installation supervisor and the former installation supervisor shall hand over and take over matters regarding the performance of supervision affairs and related documents. |
[This Article Wholly Amended by Act No. 10385, Jul. 23, 2010]
| Article 18 (Dispatching, etc. of Supervisors) |
| (1) | A supervising business entity shall dispatch subordinate supervisors to fire-fighting system installation sites to supervise fire-fighting system installation, as prescribed by Presidential Decree. |
| (2) | When a supervising business entity dispatches subordinate supervisors, he/she shall notify the head of the fire defense headquarters or the head of a fire station thereof, as prescribed by Ordinance of the Ministry of the Interior and Safety. The same shall also apply when he/she replaces dispatched supervisors. <Amended by Act No. 12938, Dec. 30, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | Detailed standards for dispatching supervisors referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Newly Inserted by Act No. 12938, Dec. 30, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 10385, Jul. 23, 2010]
| Article 19 (Measures against Violations) |
| (1) | When a supervising business entity learns, in the course of supervising fire-fighting system installation, that such installation fails to conform to design documents or the fire safety standards, he/she shall notify a related person of such fact and request the relevant installation business entity to rectify or supplement the relevant installation. |
| (2) | An installation business entity, in receipt of a request prescribed in paragraph (1), shall comply therewith. |
| (3) | When an installation business entity fails to comply with a request prescribed in paragraph (1) and continues such installation, a supervising business entity shall report thereon to the head of the fire defense headquarters or the head of a fire station, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (4) | No related person shall terminate a contract for supervision, reject or postpone payment of the price for the supervision, or give any other disadvantage on the grounds that a supervising business entity has reported to the head of the fire defense headquarters or the head of a fire station pursuant to paragraph (3). |
[This Article Wholly Amended by Act No. 10385, Jul. 23, 2010]
| Article 20 (Notification, etc. of Results of Installation Supervision) |
When a supervising business entity has completed the supervision of fire-fighting system installation, he/she shall, as prescribed by Ordinance of the Ministry of the Interior and Safety, notify the results of supervision in writing to the related person of such specific fire-fighting object, the contractor for fire-fighting system installation, the architect who has supervised installation of such specific fire-fighting object, and submit an installation supervision report to the head of the fire defense headquarters or the head of a fire station. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 10385, Jul. 23, 2010]
SECTION 3-2 Flame Retardation
| Article 20-2 (Flame Retardation) |
[This Article Newly Inserted by Act No. 12938, Dec. 30, 2014]
| Article 20-3 (Evaluation and Disclosure of Flame-Retardant Treatment Capacity) |
| (1) | The Administrator of the National Fire Agency, at the request of a flame-retardant treatment service provider, may evaluate and make public the flame-retardant treatment capacity of the flame-retardant treatment service provider based on its flame-retardant treatment performance, etc. |
| (2) | A flame-retardant treatment service provider that intends to have its capacity evaluated pursuant to paragraph (1) shall submit its flame-retardant treatment performance of the previous year or other documents prescribed by Ordinance of the Ministry of Interior and Safety to the Administrator of the National Fire Agency. |
| (3) | Procedures for applying for evaluation of the flame-retardant treatment capacity under paragraphs (1) and (2), methods to evaluate and make public the flame-retardant treatment capacity, and other necessary matters shall be prescribed by Ordinance of the Ministry of Interior and Safety. |
[This Article Newly Inserted by Act No. 15366, Feb. 9, 2018]
<<Enforcement Date: Feb. 10, 2019>> Article 20-3
| Article 21 (Contracts for Installation) |
In awarding a contract for fire-fighting system installation works, etc., a related person or the person who originally placed an order for a specific fire-fighting object shall enter into a contract with the relevant fire-fighting system business entity. <Amended by Act No. 12938, Dec. 30, 2014>
[This Article Wholly Amended by Act No. 10385, Jul. 23, 2010]
| Article 21-2 (No Attachment of Wages) |
| (1) | Out of the contract amount for the fire-fighting system installation works contracted to an installation business entity, the amount of wages payable to the workers of such works (including subcontract works) shall not be subject to attachment. |
| (2) | The scope of the amount of wages and the method of calculation thereof prescribed in paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 11036, Aug. 4, 2011]
| Article 21-3 (Principles, etc. of Contract) |
| (1) | Parties to a contract or subcontract for fire-fighting system installation works, etc. shall impartially enter into the relevant contract on equal positions under mutual agreement, and faithfully fulfill their contractual obligations. |
| (2) | Parties to a contract or subcontract for fire-fighting system installation works, etc. shall clearly specify the amount of the contract or subcontract, period for installation works, and other matters prescribed by Presidential Decree in the contract, in concluding the relevant contract, and deliver the signed and sealed duplicate of the contract to the other for preservation. |
| (3) | No contractor shall force a subcontractor to conduct any act deemed disadvantageous to the subcontractor regarding the subcontract, such as designating a material supplier. |
| (4) | When a person awarded a contract pursuant to Article 21 subcontracts the relevant fire-fighting system installation works, etc., he/she shall notify the related persons and the person who originally placed an order thereof in advance, as prescribed by Ordinance of the Ministry of the Interior and Safety. The same shall also apply when he/she changes the subcontractor or terminates the subcontract. <Amended by Act No. 14839, Jul. 26, 2017> |
| (5) | Except as otherwise expressly prescribed in this Act, the relevant provisions of the Fair Transactions in Subcontracting Act shall apply mutatis mutandis to subcontracting within the extent not contradictory to their nature. |
[This Article Newly Inserted by Act No. 12938, Dec. 30, 2014]
| Article 22 (Restriction on Subcontracting) |
| (1) | No person awarded a contract pursuant to Article 21 shall subcontract fire-fighting system installation to any third person: Provided, That in any case prescribed by Presidential Decree, he/she may partially subcontract a contracted fire-fighting system installation to a third person only once. |
| (2) | and (3) Deleted. <by Act No. 12938, Dec. 30, 2014> |
[This Article Wholly Amended by Act No. 10385, Jul. 23, 2010]
| Article 22-2 (Review, etc. of Validity of Subcontracts) |
| (1) | Where a subcontractor is deemed substantially inappropriate for implementing the terms and conditions of the subcontract or the subcontract amount falls short of the amount computed by the ratio prescribed by Presidential Decree, the person who originally placed an order may review the subcontractor's installation and performance capacity, validity of the terms and conditions of the subcontract, etc. In such cases, the review of validity shall be conducted, if the State, a local government, or a public institution prescribed by Presidential Decree originally placed the order. |
| (2) | Where a subcontractor's installation and performance capacity or any of the terms and conditions of the subcontract is found inappropriate as a result of the review conducted under paragraph (1), the person who originally placed an order may request the contractor to change the subcontractor or modify the relevant terms and conditions of the subcontract. In such cases, a request shall be made to change the subcontractor or to modify the relevant terms and conditions of the subcontract, if the review of validity has been conducted under the latter part of paragraph (1). |
| (3) | Where the contractor’s failure to comply with the request made pursuant to paragraph (2) without good cause likely to seriously affect the outcomes of installation works, etc., the person who originally placed an order may terminate the contract for the relevant fire-fighting system installation works, etc. |
| (4) | A person who originally placed an order referred to in the latter part of paragraph (1) shall establish a subcontract review committee to review subcontractors’ installation and performance capacity, validity of terms and conditions of subcontracts, etc. |
| (5) | Standards of review of the validity of subcontracts, procedures for requesting the change of subcontractors or the modification to terms and conditions of subcontracts prescribed in paragraphs (1) and (2), and the establishment and organization of subcontract review committees, and methods of review provided for in paragraph (4), and other necessary matters, shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 12938, Dec. 30, 2014]
| Article 22-3 (Payment, etc. of Subcontract Prices) |
| (1) | A contractor shall make a cash payment to its subcontractors in the full amount of subcontract price where he/she receives a completion payment from the person who originally placed an order for contracted fire-fighting system installation works, etc., and an amount equivalent to the part installed or performed by the subcontractor where he/she receives a progress payment, within 15 days from each date he/she receives such payment (referring to the maturity date of a commercial bill where a contractor receives such commercial bill from the person who originally placed an order). |
| (2) | Where a contractor receives an advance payment from the person who originally placed an order, he/she shall pay an advance payment amount according to the terms and conditions and the rate of the advance payment he/she receives to the subcontractor within 15 days from the date he/she receives such advance payment (referring to the date of concluding a subcontract where a contractor receives an advance payment before concluding such subcontract) so that such subcontractors can purchase materials, employ site workers, and commence the relevant subcontract works, etc. In such cases, the contractor may request a performance bond from the subcontractors in preparation for any circumstances in which such subcontractors should return the advance payment. |
| (3) | Where the contract price is adjusted due to design changes or price fluctuation, or on other grounds after concluding a subcontract, the contractor may make payments to the subcontractor by increasing or reducing the subcontract amount based on the amount or rate so adjusted. |
[This Article Newly Inserted by Act No. 12938, Dec. 30, 2014]
| Article 22-4 (Disclosure of Subcontract Data) |
| (1) | Where any fire-fighting system installation works, etc. ordered by the State, a local government, or public institution prescribed by Presidential Decree are subcontracted, the State, the local government, or public institution prescribed by Presidential Decree that originally placed an order shall disclose the following to the general public: |
| 1. | Name of the relevant works; |
| 2. | Estimated price, contract price, and bid price rate; |
| 3. | Contractor (trade name and representative, location of business place, grounds for subcontract); |
| 4. | Subcontractor (trade name and representative, type of business and registration number, location of business place); |
| 5. | Type of business of subcontracted works; |
| 6. | Details of subcontract (detailed statement comparing the subcontract price with the contract price, rate of subcontract); |
| 7. | Method and rate of advance payments; |
| 8. | Method of making progress payments (frequency of payment, rate of cash payment); |
| 9. | Whether the contract price is adjusted based on design changes or price fluctuation; |
| 10. | Defect liability period; |
| 11. | Whether a payment guarantee of the subcontract price is issued (where no payment guarantee is issued, referring to the grounds thereof); |
| 12. | Whether a standard subcontract form is used; |
| 13. | Findings from the review of the validity of subcontract. |
| (2) | Procedures for and methods of disclosure of subcontract-related data referred to in paragraph (1), the scale of contracts subject to disclosure, and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 12938, Dec. 30, 2014]
| Article 23 (Termination of Contracts) |
When a contractor of the relevant contract for installation falls under any of the following cases, a related person of or the person who originally placed an order for a specific fire-fighting object may terminate such contract: <Amended by Act No. 12938, Dec. 30, 2014>
| 1. | Where his/her registration for fire-fighting system installation business is revoked or he/she is subject to business suspension; |
| 2. | Where he/she suspends or closes his/her fire-fighting system installation business; |
| 3. | Where he/she ceases fire-fighting system installation for at least 30 days without good cause; |
| 4. | Where he/she fails to comply with a request made pursuant to Article 22-2 (2) without good cause. |
[This Article Wholly Amended by Act No. 10385, Jul. 23, 2010]
| Article 24 (Restriction on Supervision by Installation Business Entities) |
In any of the following cases, no installation works and supervision may be conducted concurrently for the same fire-fighting system of a specific fire-fighting object:
| 1. | Where the installation business entity and the supervising business entity are the same person; |
| 3. | Where the installation business entity and the supervising business entity are a corporation and its executive officer or employee, respectively; |
| 4. | Where the installation business entity and the supervising business entity are related through blood relation prescribed in Article 777 of the Civil Act. |
[This Article Wholly Amended by Act No. 12938, Dec. 30, 2014]
| Article 25 (Price Standard for Fire-Fighting Technology Services) |
In contracting for design and supervision of fire-fighting system installation, the price for such design and supervision may be calculated according to the method prescribed by Ordinance of the Ministry of the Interior and Safety, among price standards for engineering services prescribed in Article 31 of the Engineering Industry Promotion Act. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> [This Article Wholly Amended by Act No. 10385, Jul. 23, 2010]
| Article 26 (Appraisal and Public Announcement of Installation Capacity) |
| (1) | Upon receiving a request from an installation business entity, the Commissioner of the National Fire Agency may appraise the installation capacity of the installation business entity in terms of his/her performance of fire-fighting system installation works, capital, etc. and publicly announce the results thereof to ensure that related persons or persons who originally placed an order select an appropriate installation business entity. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | An installation business entity who intends to have his/her capacity appraised under paragraph (1) shall submit the performance of fire-fighting system installation works of the previous year, capital, and other matters prescribed by Ordinance of the Ministry of the Interior and Safety to the Commissioner of the National Fire Agency. <Amended by Act No. 12938, Dec. 30, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | Procedures for requesting appraisal of the installation capacity, methods of appraisal, and methods of giving public announcement prescribed in paragraph (1) and (2), and other necessary matters shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Newly Inserted by Act No. 12938, Dec. 30, 2014; Act No. 14839, Jul. 26, 2017; Act No. 15366, Feb. 9, 2018> |
[This Article Wholly Amended by Act No. 10385, Jul. 23, 2010]
| Article 26-2 (Selecting Design and Supervision Business Entities) |
| (1) | The State, any local government, or any institution specified by the Presidential Decree shall prepare and publicly announce an implementation plan as prescribed by Presidential Decree, for any project it orders, for designing or construction supervision services, when the project is valued at or above the amount set by the Commissioner of the National Fire Agency. <Amended by Act No. 14839, Jul. 26, 2017> |
| (2) | The business entity for designing or supervision, selected to perform the projects announced under paragraph (1), shall meet the standards for project performance competency specified by Presidential Decree, such as technical competency and administrative competency. |
| (3) | Matters necessary for selecting business entities for designing or supervision under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 13918, Jan. 27, 2016]
| Article 26-3 (Building Comprehensive Information System on Fire-Fighting System Business) |
| (1) | The Administrator of the National Fire Agency may build and operate a comprehensive information system in order to manage and provide the following information comprehensively and systematically: |
| 1. | Information about fire-fighting system business entities, such as capital, the status of engineers hired by them, the status of fire-fighting system installation, etc., conducted by them, and administrative dispositions; |
| 2. | Information about fire-fighting system installation, etc., such as commencement and completion of the fire-fighting system installation, etc., and the status of fire protection engineers and supervisors assigned. |
| (2) | To manage the information referred to in paragraph (1) comprehensively, the Administrator of the National Fire Agency may request necessary materials from fire-fighting system business entities, project owners, related institutions or organizations, etc. In this case, a person in receipt of such request shall comply therewith, except in unusual circumstances. |
| (3) | The Administrator of the National Fire Agency may provide the information referred to in paragraph (1) to related institutions or organizations in need of such information. |
| (4) | Building and operating the comprehensive information system under paragraph (1) and other necessary matters shall be prescribed by Ordinance of Ministry of the Interior and Safety. |
[This Article Newly Inserted by Act No. 15366, Feb. 9, 2018]
<<Enforcement Date: Feb. 10, 2019>> Article 26-3
CHAPTER IV FIRE PROTECTION ENGINEERS
| Article 27 (Duties of Fire Protection Engineers) |
| (2) | No fire protection engineer shall lend his/her certificate of qualification [in cases of a person whose career, etc. in fire-fighting technology has been recognized under Article 28, referring to a qualification pocketbook issued after recognizing his/her fire-fighting technology (hereinafter referred to as "qualification pocketbook") and a fire protection engineer's career pocketbook (hereinafter referred to as "career pocketbook")] to any third person. <Amended by Act No. 12938, Dec. 30, 2014> |
| (3) | No fire protection engineer shall work for two or more companies simultaneously: Provided, That this shall not apply where a fire protection engineer engages in a business other than the fire-fighting system installation business beyond working hours to the extent that it does not affect the duties of fire protection engineers under paragraph (1). |
[This Article Wholly Amended by Act No. 10385, Jul. 23, 2010]
| Article 28 (Recognition, etc. of Career, etc. in Fire-Fighting Technology) |
| (1) | The Commissioner of the National Fire Agency may recognize any person who has qualifications, academic background, and career related to fire-fighting technology as a fire protection engineer for the efficient use and improvement of fire-fighting technologies. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | The Commissioner of the National Fire Agency may issue a qualification pocketbook and a career pocketbook to any person whose qualifications, academic background, and career are recognized pursuant to paragraph (1). <Amended by Act No. 12844, Nov. 19, 2014; Act No. 12938, Dec. 30, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | Necessary matters concerning the scope of recognition of qualifications, academic background, and career related to fire-fighting technology, as prescribed in paragraph (1), procedures for issuing qualification pocketbooks and career pocketbooks under paragraph (2), and other relevant matters shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 12938, Dec. 30, 2014; Act No. 14839, Jul. 26, 2017> |
| (4) | Where a person who has been issued a qualification pocketbook or career pocketbook as prescribed in paragraph (2) falls under any of the following, the Commissioner of the National Fire Agency may revoke the recognition of his/her qualification or suspend his/her qualification for a prescribed period of from six months to not exceeding two years, as prescribed by Ordinance of the Ministry of the Interior and Safety: Provided, That where he/she falls under subparagraph 1 or 2, the Commissioner of the National Fire Agency shall revoke his/her qualification: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 12938, Dec. 30, 2014; Act No. 14839, Jul. 26, 2017> |
| 1. | Where he/she has been issued a qualification pocketbook or career pocketbook by fraud or other improper means; |
| 2. | Where he/she lends his/her qualification pocketbook or career pocketbook to a third person, in violation of Article 27 (2); |
| 3. | When he/she works for at least two enterprises simultaneously, in violation of Article 27 (3); |
| 4. | When he/she violates this Act or any order issued under this Act. |
| (5) | No person whose qualification is revoked under paragraph (4) shall be issued a qualification pocketbook or career pocketbook for two years from the date of revocation. <Amended by Act No. 12938, Dec. 30, 2014> |
[This Article Wholly Amended by Act No. 10385, Jul. 23, 2010]
| Article 29 (In-Service Training of Fire Protection Engineers) |
| (1) | A fire protection engineer registered as technical human resources for fire-fighting system business or fire-fighting system management business prescribed in Article 29 of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems shall undergo in-service training, as prescribed by Ordinance of the Ministry of the Interior and Safety, for the dissemination of knowledge about fire-fighting, such as fire prevention, facilitating efficiency in safety supervision, or new technologies. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017; Act No. 15366, Feb. 9, 2018> |
| (3) | The Commissioner of the National Fire Agency may designate in-service training institutions in order to efficiently provide fire protection engineers with in-service training under paragraph (1). <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (4) | Necessary matters concerning methods, procedures, standards etc. for the designation of in-service training institutions prescribed in paragraph (3) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 10385, Jul. 23, 2010]
CHAPTER V ASSOCIATION OF FIRE-FIGHTING SYSTEM INSTALLATION BUSINESS ENTITIES
| Article 30 Deleted. <by Act No. 12938, Dec. 30, 2014> |
| Article 30-2 (Establishment of Association of Fire-Fighting System Installation Business Entities) |
| (1) | Fire-fighting system installation business entities may establish an association (hereinafter referred to as the "Association") for the protection of their rights and interests, as well as the sound development of the fire-fighting system installation business, including the development of fire-fighting technology. |
| (2) | The Association shall be a juristic person. |
| (3) | The Association shall be duly formed upon completion of the registration for incorporation thereof at the registry office having jurisdiction over its principal place of business, after obtaining authorization from the Commissioner of the National Fire Agency. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (4) | Necessary matters concerning procedures for authorizing the establishment of the Association, matters to be stated in the articles of association, and supervision over the Association shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 10385, Jul. 23, 2010]
| Article 30-3 (Affairs of the Association) |
The affairs of the Association shall be as follows:
| 1. | Surveys, research, analysis, and evaluation for the technical development of the fire-fighting system installation business and the advancement of fire-fighting technologies; |
| 2. | Support for the development of the fire-fighting industry and the improvement of fire-fighting technologies; |
| 3. | Encouragement of international exchanges, activities, and events related to the technical development of the fire-fighting system installation business; |
| 4. | Performance of entrusted affairs prescribed in this Act. |
[This Article Newly Inserted by Act No. 10385, Jul. 23, 2010]
| Article 30-4 (Application Mutatis Mutandis of the Civil Act) |
Except as otherwise expressly provided for in this Act, the provisions of the Civil Act governing incorporated associations shall apply mutatis mutandis to the Association. [This Article Newly Inserted by Act No. 10385, Jul. 23, 2010]
CHAPTER VI SUPPLEMENTARY PROVISIONS
| (1) | Where necessary for supervising the fire-fighting system business, the Mayor/Do Governor, the head of the fire defense headquarters, or the head of a fire station may order a fire-fighting system business entity and a related person to file a necessary report or present required materials, and require a relevant public official to gain access to a fire-fighting system business enterprise or a specific fire-fighting object to inspect related documents, facilities, etc. or to inquire of a fire-fighting system business entity or a related person. |
| (2) | The Commissioner of the National Fire Agency may order an in-service training institution prescribed in Article 29 (3) (hereinafter referred to as "in-service training institution") entrusted with his/her affairs pursuant to Article 33 (2) through (4), or the Korea Fire Safety Service established under Article 40 of the Framework Act on Fire-Fighting Services, the Association, a corporation, or an organization to file a necessary report or present required materials, and require a relevant public official to gain access to offices of an in-service training institution, the Korea Fire Safety Service, the Association, a corporation, or an organization to inspect related documents, etc. or inquire of related persons. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017; Act No. 15300, Dec. 26, 2017> |
| (3) | A relevant public official who gains access and performs an inspection as prescribed in paragraphs (1) and (2) shall carry an identification indicating his/her authority and present it to interested persons. |
| (4) | No relevant public official who gains access and performs an inspection as prescribed in paragraphs (1) and (2) shall interfere with legitimate business practices of an interested person or divulge any confidential information he/she becomes aware of in the course of accessing and performing inspections to any third person. |
[This Article Wholly Amended by Act No. 10385, Jul. 23, 2010]
The Mayor/Do Governor shall hold a hearing before making a disposition for revoking registration, suspending the operation of a fire-fighting system business prescribed in Article 9 (1), or revoking qualifications recognizing fire-fighting technologies prescribed in Article 28 (4). <Amended by Act No. 11782, May 22, 2013> [This Article Wholly Amended by Act No. 10385, Jul. 23, 2010]
| Article 33 (Delegation, Entrustment, etc. of Authority) |
| (1) | The Commissioner of the National Fire Agency may delegate part of his/her authority granted under this Act to the Mayor/Do Governor, as prescribed by Presidential Decree. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | The Commissioner of the National Fire Agency may entrust an in-service training institution or the Korea Fire Safety Service with affairs concerning in-service training provided for in Article 29, as prescribed by Presidential Decree. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017; Act No. 15300, Dec. 26, 2017> |
| (3) | The Commissioner of the National Fire Agency or the Mayor/Do Governor may entrust the Association with following affairs, as prescribed by Presidential Decree: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 12938, Dec. 30, 2014; Act No. 13918, Jan. 27, 2016; Act No. 14839, Jul. 26, 2017> |
| 1. | Receipt of applications to register fire-fighting system business prescribed in Article 4 (1) and the verification of the contents of the applications; |
| 2. | Receipt of reports to modify the registration for fire-fighting system business prescribed in Article 6 and the verification of the contents of the reports; |
| 2-2. | Receipt of reports on suspension, closedown, etc. of fire-fighting system business as prescribed in Article 6-2 and the verification of the contents of the reports; |
| 3. | Receipt of reports on succession to the status of fire-fighting system business entities prescribed in Article 7 (3) and the verification of the contents of the reports; |
| 4. | Appraisal of installation capacity and public announcement thereof prescribed in Article 26. |
| (4) | The Commissioner of the National Fire Agency may entrust the Association, a corporation, or an organization related to fire-fighting technologies with affairs concerning recognition of qualifications, academic background, careers related to fire-fighting technologies under Article 28, as prescribed by Presidential Decree. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (5) | Deleted. <by Act No. 11036, Aug. 4, 2011> |
[This Article Wholly Amended by Act No. 10385, Jul. 23, 2010]
| Article 33 (Delegation, Entrustment, etc. of Authority) |
| (1) | The Commissioner of the National Fire Agency may delegate part of his/her authority granted under this Act to the Mayor/Do Governor, as prescribed by Presidential Decree. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | The Commissioner of the National Fire Agency may entrust an in-service training institution or the Korea Fire Safety Service with affairs concerning in-service training provided for in Article 29, as prescribed by Presidential Decree. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017; Act No. 15300, Dec. 26, 2017> |
| (3) | The Commissioner of the National Fire Agency or the Mayor/Do Governor may entrust the Association with following affairs, as prescribed by Presidential Decree: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 12938, Dec. 30, 2014; Act No. 13918, Jan. 27, 2016; Act No. 14839, Jul. 26, 2017; Act No. 15366, Feb. 9, 2018> |
| 1. | Receipt of applications to register fire-fighting system business prescribed in Article 4 (1) and the verification of the contents of the applications; |
| 2. | Receipt of reports to modify the registration for fire-fighting system business prescribed in Article 6 and the verification of the contents of the reports; |
| 2-2. | Receipt of reports on suspension, closedown, etc. of fire-fighting system business as prescribed in Article 6-2 and the verification of the contents of the reports; |
| 3. | Receipt of reports on succession to the status of fire-fighting system business entities prescribed in Article 7 (3) and the verification of the contents of the reports; |
| 4. | Evaluation and disclosure of the flame-retardant treatment capacity under Article 20-3; |
| 5. | Appraisal of installation capacity and public announcement thereof prescribed in Article 26. |
| (4) | The Commissioner of the National Fire Agency may entrust the Association, a corporation, or an organization related to fire-fighting technologies with affairs concerning recognition of qualifications, academic background, careers related to fire-fighting technologies under Article 28, as prescribed by Presidential Decree. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (5) | Deleted. <by Act No. 11036, Aug. 4, 2011> |
[This Article Wholly Amended by Act No. 10385, Jul. 23, 2010]
<<Enforcement Date : Feb. 10, 2019>> Subparagraphs 4 and 5 of Article 33
The following persons shall pay fees or training expenses, as prescribed by Ordinance of the Ministry of the Interior and Safety: <Amended by Act No. 11036, Aug. 4, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 12938, Dec. 30, 2014; Act No. 14839, Jul. 26, 2017>
| 1. | A person who intends to have his/her fire-fighting system business registered as prescribed in Article 4 (1); |
| 2. | A person who seeks to have a registration certificate or a registration pocketbook of the fire-fighting system business reissued as prescribed in Article 4 (3); |
| 3. | A person who intends to file a report on succession to the status of a fire-fighting system business entity as prescribed in Article 7 (3); |
| 4. | A person who intends to be issued a qualification pocketbook or career pocketbook as prescribed in Article 28 (2); |
| 5. | A person who intends to receive in-service training as prescribed in Article 29 (1). |
[This Article Wholly Amended by Act No. 10385, Jul. 23, 2010]
The following persons shall pay fees or training expenses, as prescribed by Ordinance of the Ministry of the Interior and Safety: <Amended by Act No. 11036, Aug. 4, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 12938, Dec. 30, 2014; Act No. 14839, Jul. 26, 2017; Act No. 15366, Feb. 9, 2018>
| 1. | A person who intends to have his/her fire-fighting system business registered as prescribed in Article 4 (1); |
| 2. | A person who seeks to have a registration certificate or a registration pocketbook of the fire-fighting system business reissued as prescribed in Article 4 (3); |
| 3. | A person who intends to file a report on succession to the status of a fire-fighting system business entity as prescribed in Article 7 (3); |
| 4. | A person who intends to have his/her flame-retardant treatment capacity evaluated pursuant to Article 20-3 (2); |
| 5. | A person who intends to have his/her installation capacity evaluated pursuant to Article 26 (2); |
| 6. | A person who intends to be issued a qualification pocketbook or career pocketbook as prescribed in Article 28 (2); |
| 7. | A person who intends to receive in-service training as prescribed in Article 29 (1). |
[This Article Wholly Amended by Act No. 10385, Jul. 23, 2010]
<<Enforcement Date : Feb. 10, 2019>> Subparagraphs 4 through 7 of Article 37
| Article 34-2 (Persons Deemed to be Public Official for Purposes of Penalty Provisions) |
| 2. | A competent executive officer or employee of a training institution, the Korea Fire Safety Service, the Association, and a corporation or an organization related to fire-fighting technology, which perform duties entrusted pursuant to Article 33 (2) through (4). |
[This Article Newly Inserted by Act No. 11036, Aug. 4, 2011]
CHAPTER VII PENALTY PROVISIONS
| Article 35 (Penalty Provisions) |
A person who conducts a fire-fighting system business without registration, in violation of Article 4 (1), shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 15 million won. [This Article Wholly Amended by Act No. 10385, Jul. 23, 2010]
| Article 36 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won: <Amended by Act No. 12938, Dec. 30, 2014; Act No. 13417, Jul. 20, 2015>
| 1. | A person who conducts fire-fighting system business during the period for which his/her business is suspended, in violation of Article 9 (1); |
| 2. | A person who conducts design or installation, in violation of Article 11 or 12 (1); |
| 3. | A person who conducts supervision, in violation of Article 16 (1), or conducts supervision by fraud; |
| 4. | A person who fails to designate an installation supervisor, in violation of Article 17 (1); |
| 4-2. | A person who makes a false report prescribed in Article 19 (3); |
| 4-3. | A person who makes the notification of findings of installation supervision or submits an installation supervision report prescribed in Article 20 by fraud; |
| 5. | A person who contracts out fire-fighting system installation works, etc. to a person who is not a relevant fire-fighting system business entity, in violation of Article 21; |
| 6. | A person who subcontracts fire-fighting system installation works to a third person, in violation of Article 22; |
| 7. | A person who fails to conduct affairs in compliance with the Acts referred to in Article 27 (1) or order issued under such Acts, in violation of the same paragraph. |
[This Article Wholly Amended by Act No. 10385, Jul. 23, 2010]
| Article 37 (Penalty Provisions) |
Any of the following persons shall be subject to a fine not exceeding three million won: <Amended by Act No. 12938, Dec. 30, 2014; Act No. 15366, Feb. 9, 2018>
| 1. | A person who lends his/her registration certificate or registration pocketbook to a third person, in violation of Article 8 (1); |
| 2. | A person who fails to dispatch a supervisor to a fire-fighting system installation site, in violation of Article 18 (1); |
| 3. | A person who fails to comply with a request for supplementation by a supervising business entity, in violation of Article 19 (2); |
| 4. | A person who terminates an installation supervision contract, refuses to make a payment or postpones a payment, or gives disadvantages, in violation of Article 19 (4); |
| 5. | A person who lends his/her qualification pocketbook or career pocketbook to a third person, in violation of Article 27 (2); |
| 6. | A person who works for at least two enterprises concurrently, in violation of Article 27 (3); |
| 7. | A person who interferes with legitimate business practices of a related person or divulges any confidential information he/she becomes aware of in the course of performing his/her duties, in violation of Article 31 (4). |
[This Article Wholly Amended by Act No. 10385, Jul. 23, 2010]
| Article 38 (Penalty Provisions) |
A person who falls under any of the following subparagraphs shall be punished by a fine not exceeding one million won:
| 1. | A person who fails to file a report or submit materials, in violation of an order issued under Article 31 (2), or files a false report or submits false materials; |
| 2. | A person who refuses, interferes with, or evades access or inspections or investigations by the relevant public official without good cause, in violation of Article 31 (1) or (2). |
[This Article Wholly Amended by Act No. 10385, Jul. 23, 2010]
| Article 39 (Joint Penalty Provisions) |
If the representative of a corporation, or an agent or employee of, or any other person employed, by a corporation or an individual commits an offence referred to in Articles 35 through 38 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 offence. [This Article Wholly Amended by Act No. 9198, Dec. 26, 2008]
| Article 40 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding two million won: <Amended by Act No. 11036, Aug. 4, 2011; Act No. 12938, Dec. 30, 2014; Act No. 13417, Jul. 20, 2015; Act No. 13918, Jan. 27, 2016; Act No. 15366, Feb. 9, 2018> |
| 1. | A person who fails to file a report, in violation of Articles 6, 6-2 (1), 7 (3), paragraph (1) and the former part of Article 13 (1) and (2), and 17 (2), or files a false report; |
| 2. | A person who falsely notifies a related person of succession to status, an administrative disposition, or the suspension or closure of business, in violation of Article 8 (3); |
| 3. | A person who fails to keep related documents, in violation of Article 8 (4); |
| 4. | A person who fails to dispatch a fire protection engineer to an installation site, in violation of Article 12 (2); |
| 5. | A person who fails to undergo a completion inspection, in violation of Article 14 (1); |
| 6. | A person who fails to repair defects within three days or falsely notify a related person of a defect repair plan, in violation of Article 15 (3); |
| 7. | Deleted; <by Act No. 13417, Jul. 20, 2015> |
| 8. | A person who fails to hand over or take over documents related to supervision, in violation of Article 17 (3); |
| 8-2. | A person who fails to notify the dispatch or the change thereof as prescribed in Article 18 (2), or provides false notification thereof; |
| 9. | A person who provides flame-retardant treatment services falling short of the flame retardant performance standards, in violation of Article 20-2; |
| 10. | Deleted; <by Act No. 13417, Jul. 20, 2015> |
| 10-2. | Deleted; <by Act No. 15366, Feb. 9, 2018> |
| 10-3. | A person who fails to perform his/her duties prescribed in Article 21-3 (2) at the time a contract is concluded (in cases of a subcontract, excluding a fire-fighting system business entity); |
| 11. | A person who fails to give notice of a subcontract, etc. prescribed in Article 21-3 (4); |
| 12. | Deleted; <by Act No. 11036, Aug. 4, 2011> |
| 13. | Deleted; <by Act No. 11782, May 22, 2013> |
| 13-2. | A person who submits false data prescribed in Article 26 (2); |
| 14. | A person who fails to file a report or present materials, in violation of an order issued under Article 31 (1), or files a false report or submits false materials. |
| (2) | Administrative fines prescribed in paragraph (1) shall be imposed and collected by the competent Mayor/Do Governor, the head of the competent fire defense headquarters, or the head of the competent fire station, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10385, Jul. 23, 2010]
| Article 40 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding two million won: <Amended by Act No. 11036, Aug. 4, 2011; Act No. 12938, Dec. 30, 2014; Act No. 13417, Jul. 20, 2015; Act No. 13918, Jan. 27, 2016; Act No. 15366, Feb. 9, 2018> |
| 1. | A person who fails to file a report, in violation of Articles 6, 6-2 (1), 7 (3), paragraph (1) and the former part of Article 13 (1) and (2), and 17 (2), or files a false report; |
| 2. | A person who falsely notifies a related person of succession to status, an administrative disposition, or the suspension or closure of business, in violation of Article 8 (3); |
| 3. | A person who fails to keep related documents, in violation of Article 8 (4); |
| 4. | A person who fails to dispatch a fire protection engineer to an installation site, in violation of Article 12 (2); |
| 5. | A person who fails to undergo a completion inspection, in violation of Article 14 (1); |
| 6. | A person who fails to repair defects within three days or falsely notify a related person of a defect repair plan, in violation of Article 15 (3); |
| 7. | Deleted; <by Act No. 13417, Jul. 20, 2015> |
| 8. | A person who fails to hand over or take over documents related to supervision, in violation of Article 17 (3); |
| 8-2. | A person who fails to notify the dispatch or the change thereof as prescribed in Article 18 (2), or provides false notification thereof; |
| 9. | A person who provides flame-retardant treatment services falling short of the flame retardant performance standards, in violation of Article 20-2; |
| 10. | A person who submits materials containing false information in response to a request made under Article 20-3 (2); |
| 10-2. | Deleted; <by Act No. 15366, Feb. 9, 2018> |
| 10-3. | A person who fails to perform his/her duties prescribed in Article 21-3 (2) at the time a contract is concluded (in cases of a subcontract, excluding a fire-fighting system business entity); |
| 11. | A person who fails to give notice of a subcontract, etc. prescribed in Article 21-3 (4); |
| 12. | Deleted; <by Act No. 11036, Aug. 4, 2011> |
| 13. | Deleted; <by Act No. 11782, May 22, 2013> |
| 13-2. | A person who submits false data prescribed in Article 26 (2); |
| 14. | A person who fails to file a report or present materials, in violation of an order issued under Article 31 (1), or files a false report or submits false materials. |
| (2) | Administrative fines prescribed in paragraph (1) shall be imposed and collected by the competent Mayor/Do Governor, the head of the competent fire defense headquarters, or the head of the competent fire station, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10385, Jul. 23, 2010]
<<Enforcement Date: Feb. 10, 2019>> Article 40 (1) 10
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after this Act enters into force.
Article 2 (Applicability to Contracts for Fire-Fighting System Installation)
Article 21 shall apply to fire-fighting system installation to be contracted after this Act enters into force. Article 3 (Transitional Measures concerning Dispositions Made under Previous Fire Services Act)
Acts performed by or in relation to administrative agencies under the previous Fire Services Act as at the time this Act enters into force shall be deemed acts performed by or in relation to administrative agencies under this Act corresponding thereto. Article 4 (Transitional Measures concerning Grounds for Disqualification from Registration of Fire-Fighting System Business)
A person sentenced to imprisonment without labor or heavier punishment, or the suspension of the execution under the previous Fire Services Act due to any act performed before this Act enters into force shall, notwithstanding subparagraph 3 or 4 of Article 5, be deemed a person sentenced to imprisonment without labor or heavier punishment, or the suspension of the execution under the relevant Act referred to in subparagraph 3 or 4 of the same Article. Article 5 (Transitional Measures concerning Guarantee to Repair Defects)
Guarantee to repair defects implemented or being implemented under the previous Fire Services Act as at the time this Act enters into force shall be deemed to have been implemented or be being implemented under the provisions of Article 15. Article 6 (Transitional Measures concerning Administrative Dispositions)
The previous provisions of the Fire Services Act shall apply to administrative dispositions on acts performed before this Act enters into force. Article 7 (Relationship with other Statutes)
Where the provisions of the previous Fire Services Act have been cited by other statutes at the time this Act enters into force, if any provision of this Act corresponding thereto exists, the relevant provisions of this Act shall be deemed to have been cited in lieu of the previous provisions.
ADDENDA <Act No. 7428, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 7660, Aug. 4, 2005>
This Act shall enter into force one year after the date of its promulgation.
ADDENDUM <Act No. 7982, Sep. 22, 2006>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 9198, Dec. 26, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10219, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 10250, Apr. 12, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 10303, May 17, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 10385, Jul. 23, 2010>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 15 (2) shall enter into force on November 18, 2010, and the amended provisions of Article 7 (2) shall enter into force on January 1, 2011. |
| (2) | (Transitional Measures concerning Administrative Dispositions) An administrative disposition (including a disposition of a penalty surcharge) of a violation committed before this Act enters into force shall be governed by the previous provisions. |
| (3) | (Transitional Measures concerning Penalty Provisions) The application of penalty provisions to an act performed before this Act enters into force shall be governed by the previous provisions. |
ADDENDA <Act No. 11036, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Administrative Fines)
The former provisions shall apply in imposing administrative fines against acts committed before this Act enters into force.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11782, May 22, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Disqualification from Registration)
Where an executive officer of a corporation whose fire-fighting installation business has been registered before this Act enters into force, or a corporation taking formalities to register its fire-fighting installation business after having filed an application therefor as at the time this Act enters into force becomes disqualified as provided for in the amended provisions of subparagraph 7 of Article 5 due to a cause occurred before this Act enters into force, the previous provisions shall govern only where the executive officer is still working for the corporation, notwithstanding the same amended provisions. Article 3 (Transitional Measures concerning Administrative Dispositions)
Administrative dispositions (including imposition of penalty surcharges) of violations committed before this Act enters into force shall be governed by the previous provisions.
ADDENDA <Act No. 11998, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12938, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Administrative Dispositions for Failure to Meet Standards for Registration)
Article 3 (Applicability to Payment, etc. of Subcontract Prices)
The amended provisions of Article 22-3 shall apply beginning with the first subcontract entered into for fire-fighting system installation works, etc. after this Act enters into force. Article 4 (Applicability to Disclosure, etc. of Subcontract Data)
The amended provisions of Article 22-4 shall apply beginning with the first subcontract entered into for fire-fighting system installation works, etc. after this Act enters into force. Article 5 (Applicability to Application for Appraisal of Installation Capacity)
The amended provisions of Article 26 (2) shall apply beginning with the first case where a contractor applies for the appraisal of his/her installation capacity after this Act enters into force. Article 6 (Transitional Measures concerning Registration, etc. of Flame-Retardant Treatment Business)
Article 7 (Transitional Measures concerning Administrative Dispositions Following Transfer of Flame-Retardant Treatment Business)
Article 8 (Transitional Measures concerning Penalty Provisions, etc. Following Transfer of Flame-Retardant Treatment Business)
Article 9 (Transitional Measures concerning Administrative Fines)
Administrative fines for any violation committed before this Act enters into force shall be governed by the previous provisions.
ADDENDA <Act No. 13417, Jul. 20, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after its promulgation: Provided, That the amended provisions of Article 5 shall enter into force on the date of its promulgation. Article 2 (Applicability to Grounds for Disqualification)
The amended subparagraph 5 of Article 5 shall apply to those for whom registration was revoked before the enforcement of this Act in accordance with the former subparagraph 1 and 2 of Article 5. Article 3 (Transitional Measures concerning the Incompetent)
The incompetent persons under adult guardianship governed by the amended subparagraph 1 of Article 5 shall include persons for whom the adjudication of incompetency or quasi-incompetency remains effective under Article 2 of the Addenda of partial amendments to the Civil Act by Act No. 10429. Article 4 (Transitional Measures concerning Administrative Dispositions and Administrative Fines)
Notwithstanding the amended provisions of Article 9 (1) 14 and Article 40 (1) 7, 9, and 10, an administrative disposition (including a disposition of a penalty surcharge) before this Act enters into force shall be governed by the previous provisions. Article 5 (Transitional Measures concerning Guarantee to Repair Defects)
Notwithstanding the amended provisions of Article 15 (2) and (6), fire-fighting systems for which the guarantee period of Article 15 (1) has not expired as at the time this Act enters into force shall be governed by the previous provisions.
ADDENDUM <Act No. 13918, Jan. 27, 2016>
This Act shall enter into force six months after the date of its promulgation: Provided, That amended provisions of Article 9 (1) 24-2, Article 9 (3) and (4), and Article 26-2 shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 14476, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That any Act amended by Article 5 of this Addenda, which was promulgated before this Act enters into force but the enforcement date of which has yet to arrive, shall enter into force on the enforcement date of each relevant Act.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 15300, Dec. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 15366, Feb. 9, 2018>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 2-2, 20-3, 26-3, and 33 (3) 4 and 5, subparagraphs 4 through 7 of Article 34, and Article 40 (1) 10 shall enter into force one year after the date of the promulgation.