ACT ON ASSISTANCE TO THE AUTONOMOUS ACTIVITIES OF ENTERPRISES FOR DISASTER MITIGATION
Act No. 8530, Jul. 19, 2007
Amended by Act No. 8852, Feb. 29, 2008
Act No. 9685, May 21, 2009
Act No. 10225, Mar. 31, 2010
Act No. 10220, Mar. 31, 2010
Act No. 10252, Apr. 12, 2010
Act No. 11020, Aug. 4, 2011
Act No. 11690, Mar. 23, 2013
Act No. 11994, Aug. 6, 2013
Act No. 12844, Nov. 19, 2014
Act No. 13419, Jul. 20, 2015
Act No. 14249, May 29, 2016
Act No. 14839, Jul. 26, 2017
Act No. 15631, jun. 12, 2018
Act No. 15799, Oct. 16, 2018
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to enhance national disaster management capabilities by assisting the enterprises with their disaster mitigation activities in order to help them conduct business activities without interrupting their stable conditions in the event of disasters. <Amended by Act No. 10225, Mar. 31, 2010>
The terms used in this Act shall be defined as follows: <Amended by Act No. 10225, Mar. 31, 2010; Act No. 14249, May 29, 2016; Act No. 14839, Jul. 26, 2017>
| 1-3. | The term "disaster damage" means damage caused by disasters; |
| 2. | The term "disaster management" means all activities that are conducted for the prevention of, preparedness for, response to and restoration of disasters; |
| 3. | The term "disaster mitigation activity program" means a strategy program, mitigation program, program to ensure business continuity, response program and restoration program which enterprises formulate to minimize damage caused by disasters; |
| 4. | The term "disaster management standards" means standards prepared and published by the Minister of the Interior and Safety for enterprises to formulate disaster mitigation activity programs; |
| 5. | Deleted; <by Act No. 14249, May 29, 2016> |
| 6. | The term "enterprise with outstanding performance in disaster mitigation" means an enterprise which has obtained a certificate of outstanding enterprise pursuant to Article 7. |
| Article 3 (Obligations of State, etc.) |
The State and local governments may assist enterprises with their disaster mitigation activities so that they can conduct stable business activities, free from disasters. <Amended by Act No. 10225, Mar. 31, 2010>
| Article 4 (Observation of Standards for Disaster Management by Enterprises, etc.) |
| (1) | Every enterprise shall strive for the mitigation of disasters which may inflict damage on facilities, employees, etc. in accordance with disaster management standards in order to sustain stable operations in the event of disasters. <Amended by Act No. 10225, Mar. 31, 2010> |
CHAPTER II STANDARDS FOR DISASTER MANAGEMENT
| Article 5 (Public Notice of Standards for Disaster Management) |
| (1) | The Minister of the Interior and Safety shall prepare and provide public notice of disaster management standards for enterprises to formulate disaster mitigation activity programs. The same shall also apply to modifications to or repeal of disaster management standards. <Amended by Act No. 10225, Mar. 31, 2010; Act No. 11994, Aug. 6, 2013; Act No. 14249, May 29, 2016; Act No. 14839, Jul. 26, 2017> |
| (2) | Disaster management standards shall contain the following matters: |
| 1. | Matters concerning the establishment of organizations, systems, etc. for disaster mitigation activities; |
| 2. | Matters concerning the compliance with the statutes related to disaster mitigation activities, procedures, and execution; |
| 3. | Matters concerning the mitigation of risk factors of disasters, such as identification of risk factors, risk assessment, and impact analysis; |
| 4. | Matters concerning natural resources management, and agreements between enterprises and disaster mitigation-related organizations; |
| 5. | Matters concerning the formulation of strategy programs, mitigation programs, programs to ensure business continuity, response programs, and restoration programs for disaster mitigation; |
| 6. | Matters concerning communication systems for directions, control, consultation and coordination regarding disaster mitigation activities and systems to provide information on the situation in case of emergency; |
| 7. | Matters concerning self-evaluation and improvement through education and training; |
| 8. | Other matters which are determined by Presidential Decree, as deemed necessary for disaster management standards. |
| (3) | and (4) Deleted. <by Act No. 10225, Mar. 31, 2010> |
| Article 6 (Management of Standards for Disaster Management) |
| (1) | The Minister of the Interior and Safety may examine, analyze and evaluate the disaster mitigation activity programs of enterprises, etc., where necessary, and reflect the outcomes thereof in disaster management standards. In such cases, matters necessary for the timing, procedures, etc. for conducting examination, analysis and evaluation of the disaster mitigation activity programs of enterprises shall be prescribed by Presidential Decree. <Amended by Act No. 10225, Mar. 31, 2010; Act No. 11994, Aug. 6, 2013; Act No. 14249, May 29, 2016; Act No. 14839, Jul. 26, 2017> |
| (2) | Deleted. <by Act No. 10225, Mar. 31, 2010> |
| (3) | The Minister of the Interior and Safety shall engage in public relations for and provide education on disaster management standards to enterprises in his/her jurisdiction. <Amended by Act No. 10225, Mar. 31, 2010; Act No. 11994, Aug. 6, 2013; Act No. 14249, May 29, 2016; Act No. 14839, Jul. 26, 2017> |
| (4) | Deleted. <by Act No. 10225, Mar. 31, 2010> |
| Article 6-2 (Requests for Statistical Data on Enterprises' Disaster Damage Mitigation Activities) |
| (1) | Where necessary for examining, analyzing or evaluating disaster damage mitigation activity programs, etc. conducted by enterprises pursuant to Article 6 (1), the Minister of the Interior and Safety may request enterprises and the heads of related institutions that have established disaster damage mitigation activity programs, etc. to provide him/her with statistical data. In such cases, the enterprises and the heads of related institutions in receipt of such request shall comply therewith unless any extenuating circumstance exists. <Amended by Act No. 11994, Aug. 6, 2013; Act No. 14249, May 29, 2016; Act No. 14839, Jul. 26, 2017> |
| (2) | Matters necessary for the provision, etc. of statistical data pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 10225, Mar. 31, 2010]
CHAPTER III CERTIFICATION OF ENTERPRISES WITH OUTSTANDING PERFORMANCE IN DISASTER MITIGATION AND VICARIOUS EXECUTION OF DUTIES
| Article 7 (Certification of Disaster Mitigation Activities, etc.) |
| (1) | Any enterprise that desires to be certified as an enterprise with outstanding performance in disaster mitigation (hereinafter referred to as "outstanding enterprise") shall file an application with the Minister of the Interior and Safety. <Amended by Act No. 10225, Mar. 31, 2010; Act No. 11994, Aug. 6, 2013; Act No. 14249, May 29, 2016; Act No. 14839, Jul. 26, 2017> |
| (2) | Deleted. <by Act No. 10225, Mar. 31, 2010> |
| (3) | The Minister of the Interior and Safety may evaluate the disaster mitigation activities of enterprises applied pursuant to paragraph (1) in accordance with standards prescribed by Presidential Decree and issue a certificate of outstanding enterprise. <Amended by Act No. 10225, Mar. 31, 2010; Act No. 11994, Aug. 6, 2013; Act No. 14249, May 29, 2016; Act No. 14839, Jul. 26, 2017> |
| (4) | Deleted. <by Act No. 10225, Mar. 31, 2010> |
| (5) | Costs incurred in the evaluation and issuance of certificates under paragraph (3) shall be borne by applicants. |
| (6) | Matters necessary for the evaluation and issuance of certificates under paragraph (3), etc. shall be prescribed by Presidential Decree. <Amended by Act No. 10225, Mar. 31, 2010> |
| Article 8 (Revocation of Certification of Outstanding Enterprises) |
| (1) | Where any outstanding enterprise that has obtained certification falls under any of the following cases, the Minister of the Interior and Safety may revoke such certification: Provided, That in cases under subparagraph 1, the certification thereof shall be revoked: <Amended by Act No. 10225, Mar. 31, 2010; Act No. 11994, Aug. 6, 2013; Act No. 14249, May 29, 2016; Act No. 14839, Jul. 26, 2017> |
| 1. | Where it has obtained certification by fraud or other improper means; |
| 2. | Where it falls short of evaluation standards for certification; |
| 3. | Where the certified conditions are altered due to transfer, acquisition, merger, etc. |
| (2) | The criteria for the revocation of certification under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 8-2 (Designation, etc. of Certification Agency) |
| (1) | The Minister of the Interior and Safety may designate a professional agency (hereinafter referred to as "certification agency") to perform certification service on behalf of him/her in order to efficiently perform the certification service of outstanding enterprises pursuant to Article 7. <Amended by Act No. 11994, Aug. 6, 2013; Act No. 14249, May 29, 2016: Act No. 14839, Jul. 26, 2017> |
| (2) | The Minister of the Interior and Safety may designate a certification agency pursuant to paragraph (1) by determining the scope of service to be performed by the relevant certification agency, out of the services of the certification agency prescribed in Article 9. <Amended by Act No. 11994, Aug. 6, 2013; Act No. 14249, May 29, 2016; Act No. 14839, Jul. 26, 2017> |
| (3) | Matters necessary for criteria, procedures, etc. for designating a certification agency shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 10225, Mar. 31, 2010]
| Article 8-3 (Revocation of Designation as Certification Agency) |
Where a certification agency falls under any of the following cases, the Minister of the Interior and Safety may revoke the designation thereof, or order the certification agency to suspend its service: Provided, That in cases under subparagraph 1, the designation thereof shall be revoked: <Amended by Act No. 11994, Aug. 6, 2013; Act No. 14249, May 29, 2016; Act No. 14839, Jul. 26, 2017>
| 1. | Where it has obtained designation as a certification agency by fraud or other improper means; |
| 2. | Where it fails to meet designation criteria referred to in Article 8-2 (3). |
[This Article Newly Inserted by Act No. 10225, Mar. 31, 2010]
| Article 9 (Services of Certification Agency, etc.) |
| (1) | The certification agency may provide each of the following services: |
| 1. | Evaluation of disaster mitigation activities of enterprises; |
| 2. | Issuance of a certificate of outstanding enterprise; |
| 3. | Guidance for and supervision over outstanding enterprises; |
| 4. | Other matters concerning the certification of disaster mitigation activities. |
| (2) | The Minister of the Interior and Safety may, when necessary, provide administrative or financial support to the certification agency. <Amended by Act No. 11994, Aug. 6, 2013; Act No. 14249, May 29, 2016; Act No. 14839, Jul. 26, 2017> |
| (3) | Matters necessary for providing the services of the certification agency shall be determined by Presidential Decree. |
| Article 10 (Nurturing of Experts, etc.) |
| (1) | The Minister of the Interior and Safety shall nurture experts in disaster mitigation for enterprises to formulate disaster mitigation activity programs, etc. <Amended by Act No. 11994, Aug. 6, 2013; Act No. 14249, May 29, 2016; Act No. 14839, Jul. 26, 2017> |
| (2) | The Minister of the Interior and Safety may operate a professional education course necessary for nurturing experts with entrusting such course with a third party, as prescribed by Presidential Decree. <Amended by Act No. 10225, Mar. 31, 2010; Act No. 11994, Aug. 6, 2013; Act No. 14249, May 29, 2016; Act No. 14839, Jul. 26, 2017> |
| (3) | Deleted. <by Act No. 13419, Jul. 20, 2015> |
| (4) | The Minister of the Interior and Safety may, as prescribed by Presidential Decree, collect expenses incurred in providing the education under paragraph (2) from those who complete the education course. <Amended by Act No. 11994, Aug. 6, 2013; Act No. 14249, May 29, 2016; Act No. 14839, Jul. 26, 2017> |
| Article 10-2 (Certifying Qualification for Enterprise Disaster Management) |
| (1) | The Minister of the Interior and Safety may issue a certificate related to qualification for enterprise disaster management to a person who fulfilled a professional education course specified in Article 10 (2) and passed an examination held by the Minister of the Interior and Safety. <Amended by Act No. 11994, Aug. 6, 2013; Act No. 14249, May 29, 2016; Act No. 14839, Jul. 26, 2017> |
| (2) | The Minister of the Interior and Safety may entrust affairs related to the examination, issuance of a certificate, etc. specified in paragraph (1) to a professional agency or organization. <Amended by Act No. 14839, Jul. 26, 2017> |
| (3) | Necessary matters including qualifications for application for, and subjects and methods of the examination, matters on exemption from part of examination subjects, examination fees, and necessary matters for qualifications for the professional agency or organization and the scope of their business, shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by 13419. Jul. 20, 2015]
| Article 10-3 (Educating Enterprise Disaster Manager) |
Where it is necessary to improve and make efficient use of the ability of those issued with a certificate of enterprise disaster management (hereinafter referred to as “enterprise disaster manager”) under Article 10-2 (1), the Minister of the Interior and Safety may provide education, as prescribed by Presidential Decree. <Amended by Act No. 14249, May 29, 2016; Act No. 14839, Jul. 26, 2017> [This Article Newly Inserted by Act No. 10225, Mar. 31, 2010]
| Article 11 (Programming of Disaster Mitigation Activities, etc.) |
| (1) | Any enterprise that desires to be certified as an outstanding enterprise shall formulate and implement a disaster mitigation activity program in accordance with criterion prescribed by Presidential Decree within the scope of disaster management standards. <Amended by Act No. 10225, Mar. 31, 2010> |
| (2) | Any enterprise may, when deemed necessary for disaster mitigation activities, entrust the programming of disaster mitigation activities, etc. to a disaster mitigation activity programming agent registered pursuant to Article 12 (hereinafter referred to as "agent"). |
| (3) | Any enterprise may provide education needed to improve the ability to mitigate disasters to its employees, etc. |
| Article 12 (Registration of Disaster Mitigation Activity Programming Agents, etc.) |
| (1) | A person who intends to formulate a disaster mitigation activity program as an agent shall satisfy the requirements determined by Presidential Decree, such as acquisition of technicians, and register with the Minister of the Interior and Safety, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14249, May 29, 2016; Act No. 14839, Jul. 26, 2017> |
| (2) | When it is intended to change matters which are registered pursuant to paragraph (1) and are deemed important by Presidential Decree, registration of change shall be made, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | Matters necessary for registration fee of agent, etc. shall be determined by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| Article 13 (Criteria for Calculation of Cost of Vicarious Execution of Duties by Agents, etc.) |
The Minister of the Interior and Safety shall determine and provide a public notice of the criteria for the calculation of costs necessary for the vicarious execution of duties by an agent registered pursuant to Article 12. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
| Article 14 (Grounds for Disqualification of Agents) |
No person who falls under any of the following subparagraphs shall be registered as an agent: <Amended by Act No. 14249, May 29, 2016>
| 1. | A person under adult guardianship or a person under limited guardianship; |
| 2. | Deleted; <by Act No. 14249, May 29, 2016> |
| 3. | A person who has been sentenced to imprisonment with labor or a heavier punishment for violation of the provisions of this Act and for whom two years have not passed since the execution of such punishment was terminated or exempted; |
| 4. | A corporation having an executive officer who falls under any of subparagraphs 1 through 3. |
| Article 15 (Matters to Be Observed by Outstanding Enterprises and Agents) |
Every outstanding enterprise or agent shall observe the following matters:
| 1. | Reproduction of details of another enterprise's disaster mitigation activity program is prohibited; |
| 2. | Preparing data used as basis of preparation of disaster mitigation activity programs of enterprises by falsehood is prohibited; |
| 3. | In cases of agents, leasing a certificate of registration or title to third parties is prohibited. |
| Article 16 (Suspension or Closure of Agency Business) |
| (1) | When an agent intends to suspend or close all or part of his/her business or intends to resume a suspended business, he/she shall report thereon to the Minister of the Interior and Safety, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017; Act No. 15799, Oct, 16, 2018> |
| (2) | Within 10 days of the receipt of a report on resumption of business under paragraph (1), shall notify the reporting person of whether the report has been accepted. <Newly Inserted by Act No. 15799, Oct. 16, 2018> |
| (3) | If the Minister of the Interior and Safety fails to notify the reporting person of whether the report has been accepted or the processing period has been extended pursuant to any statute or regulation concerning processing civil petitions within the deadline prescribed in paragraph (2), the report shall be deemed accepted on the day following the date on which such period (referring to the relevant processing period, where the processing period is extended or re-extended pursuant to any statute or regulation concerning processing civil petitions) ends. <Newly Inserted by Act No. 15799, Oct. 16, 2018> |
| Article 17 (Cancellation of Registration of Agents or Suspension of Business) |
| (1) | When an agent falls under any of the following subparagraphs, the Minister of the Interior and Safety shall cancel the registration thereof: <Amended by Act No. 10225, Mar. 31, 2010; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| 1. | Where the agent has a ground for disqualification under Article 14: Provided, That the same shall not apply to cases where a corporation with an executive officer falling under Article 14 has replaced such executive officer within six months; |
| 2. | Where the agent has made registration by fraud or other improper means; |
| 3. | Where the agent falls short of the qualification requirements and the technical personnel requirements due to the transfer, acquisition, merger, etc. of agency business. |
| (2) | When an agent falls under any of the following subparagraphs, the Minister of the Interior and Safety may cancel the registration thereof or issue an order for the suspension of the whole or part of business, fixing a period not longer than six months: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| 1. | Where an agent has been subject to the disposition of suspension of business twice for one year or more and re-commits an act that falls under the ground for disposition of suspension of business; |
| 2. | Where the agent fails to satisfy requirements for registration under Article 12 (1); |
| 3. | Where the agent has a third person conduct the agency business in his/her name, or leases his/her certificate of registration to third parties; |
| 4. | Where the agent has unfaithfully prepared a written disaster mitigation activity program, etc. by intention or gross negligence; |
| 5. | Where the agent contravenes this Act or any order under this Act. |
| (3) | The criteria for the imposition of administrative dispositions under paragraphs (1) and (2) and other necessary matters shall be determined by Presidential Decree. |
| Article 18 (Continuance of Agency Business after Registration Cancellation or Business Suspension) |
| (1) | Any person who is subject to the disposition of cancellation of registration or suspension of business pursuant to Article 17 may continue the agency business, limited to details of agent contract for disaster mitigation activity programming concluded prior to the imposition of such disposition: Provided, That a person subject to disposition of cancellation of registration pursuant to Article 17 (1) 2 shall suspend the agency business and return the paid agency fees to the entrusting institution. <Amended by Act No. 10225, Mar. 31, 2010> |
| (2) | Any person who continues the disaster mitigation activity programming agency business pursuant to paragraph (1) shall be construed as agent under this Act until he/she completes the relevant work. |
CHAPTER IV ASSISTANCE TO OUTSTANDING ENTERPRISES
| Article 19 (Granting Additional Points) |
| (1) | The State and local governments shall take necessary measures to facilitate the disaster mitigation activities of enterprises and to secure the effectiveness thereof. |
| (2) | When public institutions falling under subparagraph 2 of Article 2 of the Act on Facilitation of Purchase of Small and Medium Enterprise-Manufactured Products and Support for Development of Their Markets intend to provide funds, etc., the Minister of the Interior and Safety may request that necessary measures such as granting additional points should be taken for outstanding enterprises, etc. <Amended by Act No. 9685, May 21, 2009; Act No. 10225, Mar. 31, 2010; Act No. 11994, Aug. 6, 2013; Act No. 14249, May 29, 2016; Act No. 14839, Jul. 26, 2017; Act No. 15631, Jun. 12, 2018> |
| (3) | Where an outstanding enterprise participates in a bid proposed by a disaster control agency falling under subparagraph 5 of Article 3 of the Framework Act on the Management of Disasters and Safety (hereafter in this Article, referred to as "control agency") for a business, such as purchase of goods, construction of facilities, and provision of services, the Minister of the Interior and Safety may request the control agency to take measures necessary such as granting additional points to the outstanding enterprise. <Amended by Act No. 10225, Mar. 31, 2010; Act No. 11994, Aug. 6, 2013; Act No. 14249, May 29, 2016; Act No. 14839, Jul. 26, 2017> |
| (4) | Additional points falling under paragraphs (2) and (3) means any of the following: |
| 1. | Extra points granted when a public institution selects and examines enterprises to be provided with small and medium enterprise policy funds; |
| 2. | Extra points granted in credit rating when the control agency examines qualifications to place orders for the supply of goods, construction of facilities and provision of services; |
| 3. | Other Extra points determined by Presidential Decree, as deemed necessary where public institutions provide funds. |
| (5) | The head of the relevant organization requested to grant additional points falling under each subparagraph of paragraph (4) shall comply with such request, except in extenuating circumstances; and matters necessary for granting additional points, etc. shall be determined by Presidential Decree. |
| Article 20 (Discounting Insurance Premiums) |
| (1) | Any organization that operates insurance related to the disasters of enterprises may, when entering into an insurance policy related to the disasters of outstanding enterprises, apply differentiated insurance premium rates. |
| (2) | Where an organization operating insurance intends to apply differentiated insurance premium rates pursuant to paragraph (1), it shall take into consideration matters determined by Presidential Decree, such as the amount of investment reserved for the risk of disasters. |
| Article 22 (Preferential Treatment in Financial Support) |
| (1) | The State and local governments shall give preferential treatment to outstanding enterprises when providing funds to small and medium enterprises. |
| (3) | Matters necessary for the establishment and operation of the guaranty system for outstanding enterprises under paragraph (2) shall be determined by Presidential Decree. |
| Article 23 (Financial Support for Disaster Mitigation Facilities, etc.) |
| (1) | The State and local governments may provide funds to enterprises from the funds, accounts, or capital in each of the following subparagraphs for the installation and improvement of facilities, replacement of equipment, and investment in the installation, or extension of facilities needed for the disaster mitigation activities of the enterprises: <Amended by Act No. 9685, May 21, 2009; Act No. 14249, May 29, 2016> |
| 3. | Other funds and accounts for capital determined by Presidential Decree. |
| (2) | The Minister of the Interior and Safety may request the heads of the relevant institutions to cooperate in the funds for disaster mitigation facilities, etc. under each subparagraph of paragraph (1). <Amended by Act No. 10225, Mar. 31, 2010; Act No. 11994, Aug. 6, 2013; Act No. 14249, May 29, 2016; Act No. 14839, Jul. 26, 2017> |
CHAPTER V ESTABLISHMENT OF FOUNDATION FOR DISASTER MITIGATION ACTIVITIES
| Article 24 (Fostering of R&D Business for Facilitation of Disaster Mitigation Activities) |
| (1) | The Minister of the Interior and Safety may have institutions, organizations, or business operators falling under any of the following subparagraphs conduct a research and development business for disaster mitigation activities (hereafter in this Article referred to as "R&D business") to facilitate the disaster mitigation activities of enterprises, as prescribed by Presidential Decree: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14249, May 29, 2016; Act No. 14839, Jul. 26, 2017> |
| 1. | National or public research institutes; |
| 5. | Non-profit corporations established under the Civil Act or other Acts, engaging in areas related to the affairs of natural disaster; |
| 6. | Other institutions, organizations or business operators determined by Presidential Decree in connection with disaster mitigation activities of enterprises. |
| (2) | Costs incurred by R&D business shall be appropriated by contributions made by the Government and others, or by the R&D expenses of enterprises related to disaster mitigation activities. |
| (3) | The Minister of the Interior and Safety may pay contributions to research institutes, etc. which conduct R&D business pursuant to paragraph (1) in order to promote R&D business. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (4) | Matters necessary for the payment, use and management of contributions under paragraph (3) shall be determined by Presidential Decree. |
| Article 25 (Support for Relocating to Infrastructure Facilities, etc.) |
The State and local governments may offer preferential treatment to outstanding enterprises in any of the following cases in order to facilitate their disaster mitigation activities: <Amended by Act No. 10252, Apr. 12, 2010; Act No. 11020, Aug. 4, 2011>
| 2. | Relocating to a factory site and a knowledge industry center, supplied by the State and local governments; |
| 3. | Relocating to a small and medium business center, and exhibition and sales place and its auxiliary facilities established by local governments. |
| Article 26 (Appropriation of Costs of Disaster Mitigation Activities, etc.) |
| (1) | Any enterprise may appropriate part of net profit of the immediately preceding year before deducting corporate tax or income tax for the costs of disaster mitigation activities. |
| (2) | Matters necessary for the appropriation of costs of disaster mitigation activities, and the use, operation, and management of appropriated costs shall be determined by Presidential Decree. |
| Article 27 (Support for Education, Training, etc.) |
| (1) | The Minister of the Interior and Safety may support enterprises in providing education, training, etc. to their employees, etc. on disaster management standards and best practices of disaster mitigation activities or in operating relevant programs for disaster mitigation activities. <Amended by Act No. 10225, Mar. 31, 2010; Act No. 11994, Aug. 6, 2013; Act No. 14249, May 29, 2016; Act No. 14839, Jul. 26, 2017> |
| (2) | Matters necessary for providing education, training, etc. under paragraph (1) shall be determined by Presidential Decree. |
| Article 28 (Collection and Dissemination of Information on Disaster Mitigation Activities) |
| (1) | The Minister of the Interior and Safety may collect the information in each of the following subparagraphs which are needed for disaster mitigation activities and disseminate it to enterprises, relevant organizations, etc.: <Amended by Act No. 10225, Mar. 31, 2010; Act No. 11994, Aug. 6, 2013; Act No. 14249, May 29, 2016; Act No. 14839, Jul. 26, 2017> |
| 1. | Information on disaster mitigation activities and technology, etc.; |
| 2. | Information on outstanding enterprises, organizations, etc. of disaster mitigation activities; |
| 3. | Information on agents, etc.; |
| 4. | Information on best practice of disaster mitigation activities at home and abroad, etc.; |
| 5. | Statistical data on disaster mitigation activities, etc. under Article 6-2; |
| 6. | Other information on the activities of enterprises for disaster mitigation. |
| (2) | The Minister of the Interior and Safety may computerize and manage the information on disaster mitigation activities under paragraph (1) 1 through 6. <Amended by Act No. 10225, Mar. 31, 2010; Act No. 11994, Aug. 6, 2013; Act No. 14249, May 29, 2016; Act No. 14839, Jul. 26, 2017> |
| (3) | The Minister of the Interior and Safety may request relevant organizations, outstanding enterprises, agents, etc. to submit necessary information for the computerization of the information on disaster mitigation activities under paragraph (2). In such cases, the relevant organizations, outstanding enterprises, agents, etc. shall comply with such request, except in extenuating circumstances. <Amended by Act No. 10225, Mar. 31, 2010; Act No. 11994, Aug. 6, 2013; Act No. 14249, May 29, 2016; Act No. 14839, Jul. 26, 2017> |
| (4) | Deleted. <by Act No. 10225, Mar. 31, 2010> |
| (5) | Matters necessary for the collection, dissemination, etc. of information on disaster mitigation activities shall be determined by Presidential Decree. |
| Article 29 (Surveys of Opinions of Enterprises, etc.) |
The Minister of the Interior and Safety may entrust the opinion survey of enterprises to a specialized survey institution, etc. or conduct a awareness survey of disaster mitigation activities in order to facilitate disaster mitigation activities. <Amended by Act No. 10225, Mar. 31, 2010; Act No. 11994, Aug. 6, 2013; Act No. 14249, May 29, 2016; Act No. 14839, Jul. 26, 2017>
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 30 (Establishment of Association of Business Continuity and Disaster Mitigation) |
| (1) | The Association of Business Continuity and Disaster Mitigation (hereinafter referred to as the "Association") may be established to activate research and exchange of information on the disaster mitigation activities of enterprises and promote enterprises' capabilities in disaster mitigation. |
| (2) | The Association shall be a juristic person. |
| (3) | The Association shall be established by completing registration of establishment at the seat of its principal office. |
| (4) | The members of the Association shall be the following persons and organizations: <Amended by Act No. 14249, May 29, 2016> |
| 1. | Research institutes related to the area of disaster mitigation activities of enterprises and persons engaging in services related thereto; |
| 2. | Persons with good knowledge and experience in the disaster mitigation activities of enterprises, who are determined by the articles of association; |
| 3. | Organizations engaged in providing services, producing goods, doing construction, etc. which are related to the area of disaster mitigation activities of enterprises; |
| 4. | Enterprise disaster managers; |
| 5. | Other persons determined by the articles of association. |
| (5) | The business of the Association shall be as follows: |
| 1. | Operation and publicity of professional education courses on the disaster mitigation activities of enterprises; |
| 2. | Search, analysis and evaluation of data on the disaster mitigation activities of enterprises; |
| 3. | Publishing various kinds of publications on the disaster mitigation activities of enterprises; |
| 4. | Conducting business commissioned by the Government, related to the disaster mitigation activities of enterprises; |
| 5. | Fostering and support of relevant industries, such as R&D business for technology development for the disaster mitigation activities of enterprises; |
| 6. | Attracting national and international events related to the private-initiative disaster mitigation activities; |
| 7. | International exchange and cooperation projects related to the disaster mitigation activities of enterprises; |
| 8. | Other matters determined by Presidential Decree in connection with the disaster mitigation activities of enterprises. |
| (6) | The Association may establish an affiliated institution determined by Presidential Decree to support businesses mentioned in each subparagraph of paragraph (5). |
| Article 31 (Articles of Association, etc.) |
| (1) | Details necessary for matters to be included in the articles of the Association, and the number, term of office, method of appointment, supervision, registration, etc. of executive officers shall be determined by Presidential Decree. |
| (2) | Membership fees and other business profits shall be appropriated for the operating expenses of the Association. |
| (3) | Except as otherwise provided in this Act, the provisions of the Civil Act regarding incorporated associations shall apply mutatis mutandis to the Association. |
| Article 31-2 (Reporting, Inspection, etc.) |
| (1) | If deemed necessary for instructing or supervising any of the following persons, the Minister of the Interior and Safety may require him/her to file a report or submit data on his/her business affairs, or assign an affiliated public official to inspect relevant documents, facilities, etc. or to inquire of relevant persons upon entering the place of business, office or other necessary places: <Amended by Act No. 11994, Aug. 6, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14249, May 29, 2016; Act No. 14839, Jul. 26, 2017> |
| 1. | Outstanding enterprises prescribed in Article 7 (1); |
| (2) | Any public official who conducts an inspection pursuant to paragraph (1) shall carry a certificate indicating his/her authority and produce it to relevant persons. |
[This Article Newly Inserted by Act No. 10225, Mar. 31, 2010]
| (1) | The Minister of the Interior and Safety may collect fees from those who desire to be certified as an outstanding enterprise. <Amended by Act No. 11994, Aug. 6, 2013; Act No. 14249, May 29, 2016; Act No. 14839, Jul. 26, 2017> |
| (2) | When entrusting an affair related to disaster mitigation activities, application fees and use fees which are collected by the entrusted institution shall become the revenues of the entrusted institution. <Amended by Act No. 10225, Mar. 31, 2010> |
| (3) | Matters necessary for the amount, method of payment, deadline for payment, etc. of fees under paragraph (1) shall be determined by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| Article 33 (Delegation or Entrustment of Authority) |
The Minister of the Interior and Safety may delegate part of his/her authority under this Act to a Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, Special Self Governing Do Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu) or entrust it to the head of an institution prescribed by Presidential Decree. <Amended by Act No. 10225, Mar. 31, 2010; Act No. 11994, Aug. 6, 2013; Act No. 14249, May 29, 2016; Act No. 14839, Jul. 26, 2017>
| (1) | The Minister of the Interior and Safety may reward any of the following persons to encourage the development and dissemination of technology for disaster mitigation activities and foster disaster mitigation industries: <Amended by Act No. 10225, Mar. 31, 2010; Act No. 11994, Aug. 6, 2013; Act No. 14249, May 29, 2016; Act No. 14839, Jul. 26, 2017> |
| 1. | A person who contributes to disseminating technology for disaster mitigation activities; |
| 2. | A person who contributes to sustaining business activities by supporting the disaster mitigation activities of enterprises. |
| (2) | Matters necessary for the criteria for and methods of evaluating the rewards under paragraph (1) shall be determined by Presidential Decree. |
| Article 35 (Hearings, etc.) |
| (1) | When the Minister of the Interior and Safety intends to impose a disposition falling under any of the following subparagraphs on outstanding enterprises, certification agencies or agents, he/she shall hold a hearing: <Amended by Act No. 10225, Mar. 31, 2010; Act No. 11994, Aug. 6, 2013; Act No. 14249, May 29, 2016; Act No. 14839, Jul. 26, 2017> |
| 1. | Revocation of certification of outstanding enterprises under Article 8; |
| 1-2. | Revocation of designation as certification agencies under Article 8-3; |
| 2. | Revocation of registration of agents under Article 17. |
| (2) | When it is intended to hold a hearing pursuant to paragraph (1), notice thereof shall be given to the relevant outstanding enterprise, certification agency or agent, stating the date and time, and venue of the hearing therein. <Amended by Act No. 10225, Mar. 31, 2010> |
| (3) | Where a person who has received a written request to appear under paragraph (2) has a cause which makes him/her unable to appear at the designated date and time, such date and time may be adjusted. |
| (4) | When the Minister of the Interior and Safety has revoked the certification of an outstanding enterprise, designation of a certification agency or registration of an agent pursuant to Articles 8, 8-3 and 17, he/she shall notify, without delay, the relevant outstanding enterprise, certification agency or agent of the grounds therefor, and publish them in the Official Gazette. <Amended by Act No. 10225, Mar. 31, 2010; Act No. 11994, Aug. 6, 2013; Act No. 14249, May 29, 2016; Act No. 14839, Jul. 26, 2017> |
| Article 35-2 (Legal Fiction as Public Officials in Application of Penalty Provisions) |
| 1. | Executive officers or employees of certification agencies; |
| 2. | Executive officers or employees of institutions or organizations which engage in operating the professional education course entrusted pursuant to Article 10 (2); |
| 3. | Executive officers or employees of institutions or organizations which engage in administering examinations and issuing certificates entrusted pursuant to Article 10-2 (2). |
[This Article Wholly Amended by Act No. 15799, Oct. 16, 2018]
| Article 36 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by a fine not exceeding five million won: <Amended by Act No. 15799, Oct. 16, 2018> |
| 1. | A person who submits a falsely prepared material necessary for the evaluation of disaster mitigation activities under Article 7 (3); |
| 2. | A person who shows the false certification of outstanding enterprise in disaster mitigation, or makes a false advertisement on the certification without obtaining such certification under Article 7; |
| 3. | A person who operates the professional education course entrusted pursuant to Article 10 (2), by fraud or other improper means, such as falsely stating the number of attendance days at the education course or issuing a certificate of completion to a person who has not completed the education course; |
| 4. | A person who conducts the affairs entrusted under Article 10-2 (2) such as the administration of a certification examination and the issuance of a certificate, by fraud or other improper means. |
| (2) | Where an outstanding enterprise falls under paragraph (1) 1 or 2, the certification of outstanding enterprise, support thereto, etc. shall be revoked. <Amended by Act No. 15799, Oct. 16, 2018> |
| Article 37 (Administrative Fines) |
| (1) | A person who fails to file a report or submit data as prescribed in Article 31-2, a person who files a false report or submits false data, or a person who refuses, interferes with or evades an inspection shall be punished by an administrative fine not exceeding three million won. |
| (2) | Administrative fines prescribed in paragraph (1) shall be imposed and collected by the Minister of the Interior and Safety, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Newly Inserted by Act No. 10225, Mar. 31, 2010]
ADDENDUM
This Act shall enter into force six months after 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.
ADDENDA <Act No. 9685, May 21, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 10220, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 10225, Mar. 31, 2010>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 10252, Apr. 12, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 11020, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
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. 11994, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. Provided, That the provisions amended pursuant to Article 6 of Addenda which were promulgated before this Act enters into force but for which the enforcement dates have not arrived, shall enter into force on the enforcement dates of each relevant Acts.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13419, Jul. 20, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Certifying Enterprise Disaster Manager)
A person certified as an enterprise disaster manager pursuant to the former provisions before this Act enters into force shall be deemed as an enterprise disaster manager under the amended provisions of Article 10-2.
ADDENDA <Act No. 14122, Mar. 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 14249, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Enterprise Disaster Manager)
A person certified as an enterprise disaster manager pursuant to the former provisions before this Act enters into force shall be deemed as an enterprise disaster manager under the amended provisions of Article 10-3.
Article 3 (Transitional Measures concerning Incompetent Persons, etc.)
Persons under adult guardianship or those under limited guardianship pursuant to the amended provision of subparagraph 1 of Article 14 shall be construed to include those for whom the declaration for incompetency or quasi-incompetency remain effective under Article 2 of Addenda of the partial amendment to the Civil Act (Act No. 10429). Article 4 (Transitional Measures concerning Change in Subject for Authority)
Notices, administrative dispositions, and other acts by the general manager of the Central Disaster and Safety Countermeasure Headquarters or applications, reports, and other acts filed to the general manager of the Central Disaster and Safety Countermeasure Headquarters pursuant to the former provisions before this Act enters into force shall be construed as the acts by or toward the Minister of Public Safety and Security.
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 the provisions amended pursuant to Article 5 of the Addenda which were promulgated before this Act enters into force but for which the enforcement dates have not arrived, shall enter into force on the enforcement dates of each relevant Act.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 15631, Jun. 12, 2018>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 15799, Oct. 16, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Agent’s Report on Resumption of Business)
The amended provisions of Article 16 (2) and (3) shall apply, beginning with a report on resumption of business filed after this Act enters into force.