ENFORCEMENT DECREE OF THE FRAMEWORK ACT ON FIREFIGHTING SERVICES
Presidential Decree No. 18374, Apr. 24, 2004
Amended by Presidential Decree No. 18978, Jul. 27, 2005
Presidential Decree No. 19090, Oct. 20, 2005
Presidential Decree No. 19586, jun. 30, 2006
Presidential Decree No. 19806, Dec. 29, 2006
Presidential Decree No. 19859, Feb. 1, 2007
Presidential Decree No. 19954, Mar. 23, 2007
Presidential Decree No. 20506, Dec. 31, 2007
Presidential Decree No. 20558, Jan. 22, 2008
Presidential Decree No. 21098, Oct. 29, 2008
Presidential Decree No. 21146, Dec. 3, 2008
Presidential Decree No. 21214, Dec. 31, 2008
Presidential Decree No. 21496, May 21, 2009
Presidential Decree No. 22003, Jan. 27, 2010
Presidential Decree No. 22075, Mar. 15, 2010
Presidential Decree No. 22635, Jan. 24, 2011
Presidential Decree No. 22714, Mar. 22, 2011
Presidential Decree No. 23027, Jul. 14, 2011
Presidential Decree No. 23120, Sep. 6, 2011
Presidential Decree No. 23326, Nov. 30, 2011
Presidential Decree No. 23571, Jan. 31, 2012
Presidential Decree No. 23759, May 1, 2012
Presidential Decree No. 23941, Jul. 10, 2012
Presidential Decree No. 24417, Mar. 23, 2013
Presidential Decree No. 25644, Sep. 30, 2014
Presidential Decree No. 25753, Nov. 19, 2014
Presidential Decree No. 27299, jun. 30, 2016
Presidential Decree No. 27558, Oct. 25, 2016
Presidential Decree No. 27810, Jan. 26, 2017
Presidential Decree No. 28216, Jul. 26, 2017
Presidential Decree No. 28706, Mar. 20, 2018
Presidential Decree No. 28995, jun. 26, 2018
Presidential Decree No. 29082, Aug. 7, 2018
Presidential Decree No. 30256, Dec. 24, 2019
Presidential Decree No. 30515, Mar. 10, 2020
Presidential Decree No. 31248, Dec. 9, 2020
Presidential Decree No. 31380, Jan. 5, 2021
Presidential Decree No. 31403, Jan. 19, 2021
Presidential Decree No. 31666, May 4, 2021
Presidential Decree No. 32313, Jan. 4, 2022
Presidential Decree No. 32950, Oct. 11, 2022
Presidential Decree No. 33005, Nov. 29, 2022
Presidential Decree No. 33004, Nov. 29, 2022
Presidential Decree No. 33429, Apr. 25, 2023
The purpose of this Decree is to provide for matters mandated by the Framework Act on Fire Services and other matters necessary for the enforcement thereof. <Amended on Oct. 20, 2005>
| Article 1-2 (Establishment and Operation of Civil Service Centers for Firefighting Technology) |
| (1) | The Fire Commissioner of the National Fire Agency and the director general of a firefighting headquarters shall establish and operate a civil service center for firefighting technology (hereinafter referred to as "civil service center for firefighting technology") under Article 4-2 (1) of the Framework Act on Firefighting Services (hereinafter referred to as the "Act") under the National Fire Agency or the relevant firefighting headquarters, respectively. |
| (2) | A civil service center for firefighting technology shall be comprised of not more than 18 persons, including the head of the center. |
| (3) | A civil service center for firefighting technology shall conduct the following affairs: |
| 1. | Handling of civil petitions (hereinafter referred to as "firefighting technology petition") such as statutory interpretation related to firefighting facilities, firefighting works, safety control of hazardous substances; |
| 2. | Publication of written questions and answers and explanatory notes related to firefighting technology petitions; |
| 3. | Operation and management of an information system related to firefighting technology petitions; |
| 4. | On-site inspections related to, and handling of, firefighting technology petitions; |
| 5. | Other affairs related to firefighting technology petitions which are deemed necessary and instructed by the Fire Commissioner of the National Fire Agency or the director general of a fire headquarters. |
| (4) | Where deemed necessary to perform the duties of a civil service center for firefighting technology, the Fire Commissioner of the National Fire Agency or the director general of a firefighting headquarters may request the head of a related agency to dispatch its public officials or staff members. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the establishment and operation of civil service centers for firefighting technology shall be determined by the Fire Commissioner of the National Fire Agency where it is established under the National Fire Agency and shall be prescribed by the regulations of the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province (hereinafter referred to as “City/ Do”) where it is established under a fire headquarters. |
[This Article Newly Inserted on Jan. 4, 2022]
[Previous Article 1-2 moved to Article 1-3 <Jan. 4, 2022>]
| Article 1-3 (Establishment and Implementation of Comprehensive Plans and Detailed Plans for Fire Service Duties) |
| (1) | The Fire Commissioner of the National Fire Agency shall establish a comprehensive plan for fire service duties under Article 6 (1) of the Act after consultation with relevant central administrative agencies not later than October 31 of the year preceding the year when such plan is implemented. <Amended on Jul. 26, 2017; Jan, 4, 2022> |
| 1. | Establishment of a system necessary to perform fire service duties in order to cope with disasters, calamities, or environmental changes; |
| 2. | Measures necessary to conduct firefighting activities for persons with limited mobility, such as persons with disabilities, senior citizens, pregnant women, infants, young children, and children. |
| (3) | 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") shall establish a detailed plan necessary to implement a comprehensive plan under Article 6 (4) of the Act and submit it to the Fire Commissioner of the National Fire Agency not later than December 31 of the year preceding the year when such plan is implemented. <Amended on Jul. 26, 2017; Jun. 26, 2018> |
[This Article Newly Inserted on Oct. 25, 2016]
[Moved from Article 1-2 <Jan. 4, 2022>]
| Article 2 (Scope of Duties Eligible for National Subsidies and Standard Rate of Subsidization) |
| (1) | The scope of duties eligible for national subsidies under Article 9 (2) of the Act shall be as follows: <Amended on Oct. 20, 2005; Nov. 30, 2011; Oct. 25, 2016> |
| 1. | Purchase and installation of the following fire services equipment and facilities: |
| (b) | Fire helicopters and fire boats; |
| (c) | Communications facilities and computer facilities exclusively for fire services use; |
| (d) | Other firefighting equipment necessary for firefighting activities, such as fire uniforms; |
| (2) | Types and sizes of the fire services equipment and facilities under paragraph (1) 1 shall be determined by Ordinance of the Ministry of the Interior and Safety. <Amended on Nov. 30, 2011; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
[Title Amended on Nov. 30, 2011]
| Article 2-2 (Areas Where Emergency Firefighting Devices May Be Installed) |
"Areas prescribed by Presidential Decree" in Article 10 (2) of the Act means any of the following areas: <Amended on Nov. 29, 2022> | 2. | Areas where a Mayor/Do Governor deems it necessary to install emergency firefighting devices pursuant to Article 10 (2) of the Act. |
[This Article Newly Inserted on Jun. 26, 2018]
[Previous Article 2-2 moved to Article 2-3 <Jun. 26, 2018>]
| Article 2-3 (Mobilization of Firefighting Force) |
| (1) | Expenses incurred in conducting firefighting activities by the firefighting force mobilized pursuant to Article 11-2 (3) and (4) of the Act shall be principally borne by the City/Do in which a fire, calamity, disaster, or any other situation requiring rescue and first-aid services has occurred and details thereof shall be determined by consultation among the relevant Cities/Dos. <Amended on Jan. 4, 2022> |
| (2) | Where a civilian fire-fighter mobilized pursuant to Article 11-2 (3) and (4) of the Act dies or is injured while conducting firefighting activities, he or she shall be compensated by a City/Do in which a fire, calamity, disaster, or any other situation requiring rescue and first-aid services has occurred, as determined by ordinance of the City/Do. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for operating the firefighting force mobilized pursuant to Article 11-2 of the Act shall be determined by the Fire Commissioner of the National Fire Agency. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
[This Article Newly Inserted on Nov. 30, 2011]
[Moved from Article 2-2 <Jun. 26, 2018>]
| Article 3 Deleted. <Nov. 29, 2022> |
| Article 4 Deleted. <Nov. 29, 2022> |
| Article 5 Deleted. <Nov. 29, 2022> |
| Article 6 Deleted. <Nov. 29, 2022> |
| Article 7 Deleted. <Nov. 29, 2022> |
| Article 7-2 (Qualifications for Applying for Examination of Certified Firefighting and Safety Educators) |
Eligibility to take an examination for certified firefighting and safety educators under Article 17-2 (3) of the Act shall be as specified in attached Table 2-2. [This Article Wholly Amended on Jun. 30, 2016]
| Article 7-3 (Methods of Examination) |
| (1) | The examination for certified firefighting and safety educators shall be conducted with the distinction of the first and second examinations. |
| (2) | In principle, the first examination shall consist of multiple-choice questions; the second examination, of essay-type questions: Provided, That the second examination may include short-answer questions or fill-in-the-blank questions. |
| (3) | Those who pass the first examination shall be exempted from the first examination for only one occasion in the following examination. |
[This Article Wholly Amended on Jun. 30, 2016]
| Article 7-4 (Examination Subjects) |
| (1) | The subjects of the first examination and second examination for certified firefighting and safety educators shall be as follows: |
| 1. | The first examination: Three subjects chosen by an applicant from among introduction to firefighting, rescue and emergency care, fundamentals for disaster management, and introduction to education; |
| 2. | The second examination: Practice of national safety education. |
| (2) | The scope of preparing examination papers by each subject referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Jul. 26, 2017> |
[This Article Wholly Amended on Jun. 30, 2016]
| Article 7-5 (Examination Members) |
| (1) | The Fire Commissioner of the National Fire Agency shall appoint or commission any of the following persons as an examiner to evaluate qualifications for the application and an examination member to prepare and grade the examination for certified firefighting and safety educators: <Amended on May 21, 2009; Nov. 19, 2014; Jun. 30, 2016; Jul. 26, 2017; Mar. 10, 2020> |
| 1. | Persons who have obtained doctorates in firefighting-related fields, education, or emergency medical services; |
| 2. | Persons who have served as assistant professors or higher for at least two years in firefighting-related departments or the department of education or emergency medical services at schools prescribed in subparagraphs 1 through 6 of Article 2 of the Higher Education Act; |
| 3. | Fire officials whose rank is higher than that of fire lieutenant; |
| 4. | Persons who have obtained the qualifications for certified firefighting and safety educators. |
| (2) | The number of the examiners to evaluate qualifications for application and the examination members referred to in paragraph (1) shall be as follows: <Amended on May 21, 2009; Jun. 30, 2016> |
| 1. | The examiners to evaluate qualifications for application: Three persons; |
| 2. | The members in charge of preparing examination from among the examination members: Three persons per examination subject; |
| 3. | The members in charge of grading examination from among the examination members: Five persons; |
| 4. | Deleted. <Jun. 30, 2016> |
| (3) | Persons appointed or commissioned as the examiners to evaluate qualifications for the application and the examination members pursuant to paragraph (1) shall faithfully observe cautions when preparing examination and implement observance matters, etc. that are entered in their written oaths, which are all determined by the Fire Commissioner of the National Fire Agency. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (4) | Allowances and travel expenses may be paid to the examiners to evaluate qualifications for the application and the examination members appointed or commissioned pursuant to paragraph (1) as well as persons assigned to supervise examinations. |
[This Article Newly Inserted on Feb. 1, 2007]
| Article 7-6 (Implementation and Public Announcement of Examinations) |
| (1) | The examination for certified firefighting and safety educators shall be held in principle once every two years and the frequency thereof may be increased or decreased where the Fire Commissioner of the National Fire Agency deems it necessary. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | When the Fire Commissioner of the National Fire Agency intends to conduct the examination for certified firefighting and safety educators, he or she shall publicly announce necessary matters concerning the qualifications for applying for the examination, examination subjects, the date and time, and procedures for applying the examination on the website, etc. of the National Fire Agency no later than 90 days prior to the date the examination is conducted in order for prospective applicants for the examination to learn of the fact. <Amended on Jan. 27, 2010; May 1, 2012; Nov. 19, 2014; Jul. 26, 2017; Dec. 9, 2020> |
[This Article Newly Inserted on Feb. 1, 2007]
| Article 7-7 (Submissions of Written Applications for Examination) |
| (1) | Anyone who intends to apply for the examination for certified firefighting and safety educators shall file a written application for the examination for certified firefighting and safety educators, which is prescribed by Ordinance of the Ministry of the Interior and Safety, with the Fire Commissioner of the National Fire Agency (including submission through information and communications networks). <Amended on Dec. 31, 2008; Mar. 23, 2013; Nov. 19, 2014; Jun. 30, 2016; Jul. 26, 2017> |
| (2) | Anyone who intends to apply for the examination for certified firefighting and safety educators shall submit documents demonstrating his or her qualifications for applying for the examination provided in Article 7-2, which are prescribed by Ordinance of the Ministry of the Interior and Safety, within the period prescribed by the Fire Commissioner of the National Fire Agency. <Amended on Dec. 31, 2008; May 21, 2009; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Anyone who intends to apply for the examination for certified firefighting and safety educators shall pay examination fees determined by Ordinance of the Ministry of the Interior and Safety. <Amended on Dec. 31, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (4) | Examination fees paid under paragraph (3) shall be refunded in any of the following cases: <Amended on Jul. 10, 2012> |
| 1. | Where examination fees are erroneously paid or overpaid: The total amount of the examination fees erroneously paid or overpaid; |
| 2. | Where an examinee fails to take an examination due to reasons attributable to an examinations administering institution: The total amount of the examination fees paid; |
| 3. | Where an examinee withdraws his or her application for examination no later than 20 days from the date of examination: The total amount of the examination fees paid; |
| 4. | Where an examinee withdraws his or her application for examination no later than 10 days from the date of examination: 50/100 of the examination fees paid. |
[This Article Newly Inserted on Feb. 1, 2007]
| Article 7-8 (Decision on Successful Examinees) |
| (1) | In the first examination, with a perfect score of 100, anyone who scores at least 40 in every subject and scores an average of at least 60 in all subjects shall be deemed a successful examinee. |
| (2) | In the second examination, with a perfect score of 100, anyone who scores an average of at least 60 after excluding the highest score and the lowest score from the scores given by examiners shall be deemed a successful examinee. <Amended on Jun. 30, 2016> |
| (3) | When the Fire Commissioner of the National Fire Agency determines successful examinees for an examination for certified firefighting and safety educators pursuant to paragraphs (1) and (2), he or she shall publicly announce the list of successful examinees on the website, etc. of the National Fire Agency. <Amended on May 21, 2009; Nov. 19, 2014; Jun. 30, 2016; Jul. 26, 2017; Dec. 9, 2020> |
| (4) | The Fire Commissioner of the National Fire Agency shall issue the certificates of certified firefighting and safety educators, which are prescribed by Ordinance of the Ministry of the Interior and Safety, to those who pass the examination within one month from the date the list of successful examinees is publicly announced pursuant to paragraph (3); and shall record such fact in the register of the delivered certificates of the certified firefighting and safety educators and manage such register. <Amended on Dec. 31, 2008; May 21, 2009; Mar. 23, 2013; Nov. 19, 2014; Jun. 30, 2016; Jul. 26, 2017> |
[This Article Newly Inserted on Feb. 1, 2007]
| Article 7-9 Deleted. <Jun. 30, 2016> |
| Article 7-10 (Institutions Subject to Posting of Certified Firefighting and Safety Educators) |
"Other institutions prescribed by Presidential Decree" in Article 17-5 (1) of the Act means any of the following institutions or organizations: <Amended on Dec. 3, 2008; Jul. 10, 2012; Jun. 30, 2016; Jun. 26, 2018> | 1. | The Korea Fire Safety Institute incorporated pursuant Article 40 of the Act (hereinafter referred to as the "Safety Institute"); |
[This Article Newly Inserted on Feb. 1, 2007]
| Article 7-11 (Standards for Posting of Certified Firefighting and Safety Educators by Institution Subject to Posting) |
The standards for posting of certified firefighting and safety educators by institution subject to posting pursuant to Article 17-5 (2) of the Act shall be as specified in attached Table 2-3. <Amended on Jun. 30, 2016> [This Article Newly Inserted on Feb. 1, 2007]
| Article 7-12 (Housing Subject to Establishment of Exclusive Use Areas of Fire Engines) |
"Multi-family housing prescribed by Presidential Decree" in Article 21-2 (1) of the Act means the following housing: Provided, That the foregoing shall not apply to a multi-family housing constructed in a single building on one site immediately facing a road with one way-two lanes in which stopping or parking of motor vehicles is prohibited under Article 32 or 33 of the Road Traffic Act enabling fire engines to perform firefighting activities directly on such road: <Amended on May 4, 2021> [This Article Newly Inserted on Aug. 7, 2018]
| Article 7-13 (Standards and Methods for Establishment of Exclusive Use Areas for Fire Engines) |
| (1) | The owner of any multi-family housing in the main clause, with the exception of the subparagraphs, of Article 7-12 shall establish at least one exclusive use area for fire engines (hereinafter referred to as "exclusive use area") on the front or rear of each building so that fire engines can get easy access thereto and the firefighting activities can be performed without impediment: Provided, That such owner need not establish an exclusive use area for every building if it is possible to perform firefighting activities by accessing a number of buildings from one exclusive use area, as determined by the Administrator of the National Fire Agency. <Amended on May 4, 2021> |
| (2) | Methods of establishing exclusive use areas shall be as specified in attached Table 2-5. |
[This Article Newly Inserted on Aug. 7, 2018]
| Article 7-14 (Standards for Acts of Interference in Exclusive Use Areas) |
| 1. | Piling up articles, etc. or parking a motor vehicle in an exclusive use area; |
| 2. | Piling up articles, etc. or parking motor vehicles on the front, back, or both sides of an exclusive use area: Provided, That parking a motor vehicle in a parking area of an annexed parking lot established under Article 19 of the Parking Lot Act shall be an exception; |
| 3. | Blocking the entry into an exclusive use area by piling up articles, etc. or parking a motor vehicle on the access road to the exclusive use area; |
| 4. | Erasing or damaging road markings in an exclusive use area; |
| 5. | Interfering with parking of fire engines in an exclusive use area or their entry thereto by any other means. |
[This Article Newly Inserted on Aug. 7, 2018]
| Article 7-15 (Scope of Fire Engines Required to be Fitted with Tachographs) |
| 3. | A chemical fire truck; |
| 4. | A firefighting aerial ladder truck; |
| 5. | An unmanned water truck; |
| 7. | Other fire engines designated by the Fire Commissioner of the National Fire Agency in recognition of the necessity of being fitted with a tachograph for the safe operation of fire engines and for the prevention of traffic accidents. |
[This Article Newly Inserted on Apr. 25, 2023]
| Article 8 (Persons Gaining Access to Fire Service Activity Districts) |
"Persons ... prescribed by Presidential Decree" in Article 23 (1) of the Act means any of the following persons: <Amended on Jul. 10, 2012> | 1. | Owners, managers or occupants of the objects of fire services located within a fire service activity district; |
| 2. | Persons engaging in the affairs of electricity, gas, waterworks, communications, and traffic, who are required for smooth fire service activities; |
| 3. | Medical doctors, nurses, and other persons engaging in the rescue and first-aid services; |
| 4. | Persons engaging in the news business, such as reporters; |
| 5. | Persons engaging in the criminal investigation duties; |
| 6. | Other persons whose access to fire service activities has been permitted by the fire brigade commander. |
| Article 9 (Composition and Operation of Educational Evaluation Deliberative Committee) |
| (1) | The president of the Safety Institute shall establish an educational evaluation deliberative committee (hereinafter referred to as the "evaluation committee") to deliberate on the following matters pursuant to Article 40-2 (3) of the Act: |
| 1. | Matters concerning the evaluation and operation of education; |
| 2. | Matters concerning the analysis of the result of education and the improvement thereof; |
| 3. | Matters concerning an education plan for the following year. |
| (2) | The evaluation committee shall be comprised of not more than nine members, including the chairperson, having due regard to gender. |
| (3) | The chairperson of the evaluation committee shall be elected by and from among its members. |
| (4) | Members of the evaluation committee shall be appointed or commissioned by the president of the Safety Institute from among any of the following persons: |
| 1. | Persons recommended by the Fire Commissioner of the National Fire Agency from among fire officials in charge of education on firefighting and safety; |
| 2. | Experts in education on firefighting and safety; |
| 3. | Persons who have completed education on firefighting and safety; |
| 4. | Persons with extensive knowledge of and experience in education on firefighting and safety. |
| (5) | Members who have attended meetings of the evaluation committee may be paid allowances within budgetary limits: Provided, That this shall not apply where a member who is a public official attends the meetings in direct connection with his or her competent duties. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the operation, etc. of the evaluation committee shall be determined by the president of the Safety Institute. |
[This Article Newly Inserted on Jun. 26, 2018]
| (1) | The Fire Commissioner of the National Fire Agency shall supervise the following business affairs of the Safety Institute pursuant to Article 48 (1) of the Act: <Amended on Dec. 3, 2008; Nov. 19, 2014; Jul. 26, 2017; Jun. 26, 2018> |
| 1. | Matters concerning important resolutions of the board of directors; |
| 2. | Matters concerning the joining and secession of the members and the membership fees; |
| 3. | Matters concerning the project plans and budgets; |
| 4. | Matters concerning the structure and organization; |
| 5. | Matters concerning the implementation of other business affairs entrusted by the Fire Commissioner of the National Fire Agency or of the business affairs under the articles of incorporation. |
| (2) | The project plans and budgets of the Association shall require approval from the Fire Commissioner of the National Fire Agency. <Amended on Oct. 20, 2005; Dec. 3, 2008; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | The Fire Commissioner of the National Fire Agency may order a submission of the data necessary to supervise business affairs of the Association, or order to improve the regulations related to the business affairs entrusted under Article 50 of the Act on Installation and Management of Firefighting Systems, Article 33 of the Firefighting System Installation Business Act, and Article 30 of the Act on the Safety Control of Hazardous Substances. In such cases, the Association shall comply therewith unless there is good cause. <Amended on Oct. 20, 2005; Dec. 3, 2008; Nov. 19, 2014; Jan. 26, 2017; Jul. 26, 2017; Nov. 29, 2022> |
[Moved from Article 18 <Jun. 26, 2018>]
| Article 11 (Standards for Indemnification for Loss and Amount of Indemnification) |
| (1) | When indemnification for loss is to be provided to any person falling under the subparagraphs (excluding subparagraph 2) of Article 49-2 (1) of the Act for any destruction or damage of goods pursuant to that paragraph, the amount of such indemnification shall be based on the following standards. In such cases, if the relevant business operator is unable to continue his or her business due to the repair or exchange of damaged goods, the indemnification shall be paid by adding the amount equivalent to the operating profit that could have been earned during the period business could not be continued: |
| 1. | When damaged goods can be repaired: The amount equivalent to repair cost; |
| 2. | When damaged goods cannot be repaired: The amount equivalent to the exchange value of the relevant goods as at the time they were damaged. |
| (2) | In cases of property loss other than loss from the destruction or damage of goods, the indemnification shall be provided to the extent that there is a considerable causal relationship with the performance of duties. |
| (3) | The standards for the amount of indemnification to be paid pursuant to Article 49-2 (1) 2 of the Act to the persons who died or suffered injury shall be as specified in attached Table 2-4. |
[This Article Newly Inserted on Jun. 26, 2018]
| Article 12 (Procedures and Methods for Payment of Indemnification for Loss) |
| (1) | A person who intends to be indemnified for loss caused by the legitimate fire service duties or firefighting activities of a fire agency or fire brigade pursuant to Article 49-2 (1) of the Act, shall submit a claim for the payment of indemnification in a form prescribed by Ordinance of the Ministry of the Interior and Safety to the Fire Commissioner of the National Fire Agency or the competent Mayor/Do Governor (hereinafter referred to as the "Fire Commissioner of the National Fire Agency, etc.") along with documents substantiating the details and amount of loss. In such cases, the Fire Commissioner of the National Fire Agency, etc. may require the person who has submitted a claim for the payment of indemnification to submit evidential and supplementary materials, if necessary for calculating the amount of indemnification for loss. |
| (2) | Except in extenuating circumstances, the Fire Commissioner of the National Fire Agency, etc. shall determine, through the examination and decision of the deliberative committee on indemnification for loss referred to in Article 13, whether to pay the indemnification and the amount of indemnification within 60 days from the date the claim for the payment of indemnification is received. |
| (3) | In any of the following cases, the Fire Commissioner of the National Fire Agency, etc. shall decide to reject the relevant claim: |
| 1. | Where a claimant has received a decision on the payment of indemnification by submitting a claim for indemnification based on the same cause of the claim: Provided, That cases where a claimant who has received a decision of rejection gives prima facie evidence of finding a new evidence that substantiates his or her loss shall be an exception; |
| 2. | Where a claim for indemnification for loss fails to satisfy the prerequisites and procedures: Provided, That cases where it is possible to correct the mistakes shall be an exception. |
| (4) | The Fire Commissioner of the National Fire Agency, etc. shall notify the claimant of the details of decision within 10 days from the date such decision is made pursuant to paragraph (2) or (3), as prescribed by Ordinance of the Ministry of the Interior and Safety; and if a decision on the payment of indemnification is made, he or she shall pay it within 30 days from the date of such notification, except in extenuating circumstances. |
| (5) | The Fire Commissioner of the National Fire Agency, etc. shall pay indemnification by remitting it to the deposit account (referring to an account opened at a postal service agency under the Postal Savings and Insurance Act or at a bank under the Banking Act) designated by the recipient of the indemnification: Provided, That in extenuating circumstances, such as cases where a person entitled to receive the indemnification resides in an area where there is no postal service agency or bank, it may be paid in cash at the request of such person. |
| (6) | Indemnification shall be paid in a lump sum, but if there is any special circumstance which prevents lump sum payment for such reasons as lack of budget, it may be paid in installments with the consent of the claimant. |
| (7) | Except as provided in paragraphs (1) through (6), matters necessary for claiming and paying indemnification shall be determined by the Fire Commissioner of the National Fire Agency. |
[This Article Newly Inserted on Jun. 26, 2018]
| Article 13 (Establishment and Composition of Deliberative Committee on Indemnification for Loss) |
| (1) | Each of the Fire Commissioner of the National Fire Agency, etc. shall respectively establish a deliberative committee on indemnification for loss (hereinafter referred to as "indemnification committee") to examine and decide on cases concerning claims for indemnification for loss under Article 49-2 (3) of the Act. |
| (2) | An indemnification committee shall be comprised of at least five but not more than seven members, including one chairperson. |
| (3) | Members of an indemnification committee shall be commissioned or appointed by the Fire Commissioner of the National Fire Agency, etc. from among any of the following persons. In such cases, a majority of the members shall be persons other than fire officials, having due regard to gender: |
| 1. | Subordinate fire officials; |
| 2. | Persons who have careers as judges, prosecutors or attorneys-at-law for at least five years; |
| 3. | Persons who have served as associate or higher professors teaching jurisprudence or science of public administration for at least five years in schools defined in Article 2 of the Higher Education Act; |
| 5. | Persons with extensive knowledge of and experience in firefighting and safety or medical field. |
| (4) | The term of office of the members commissioned pursuant to paragraph (3) shall be three years and may be consecutively renewed only once. |
| (5) | Each indemnification committee shall have one executive secretary to handle its administrative affairs, and he or she shall be nominated by the Fire Commissioner of the National Fire Agency, etc. from among subordinate fire officials. |
[This Article Newly Inserted on Jun. 26, 2018]
| Article 14 (Chairpersons of Indemnification Committees) |
| (1) | The chairperson of an indemnification committee shall be elected by and from among its members. |
| (2) | The chairperson of an indemnification committee shall represent the indemnification committee and exercise overall control of its affairs. |
| (3) | When the chairperson of an indemnification committee is unable to perform his or her duties in extenuating circumstances, a member predesignated by the chairperson shall act on his or her behalf. |
[This Article Newly Inserted on Jun. 26, 2018]
| Article 15 (Operation of Indemnification Committees) |
| (1) | The chairperson of an indemnification committee shall convene and preside over meetings of the indemnification committee. |
| (2) | A majority of the members an indemnification committee shall constitute a quorum and any decision thereof shall require the concurring vote of a majority of those present. |
| (3) | Where necessary for deliberation, an indemnification committee may request relevant public officials or institutions to conduct fact finding, to submit data, etc. and may require relevant experts to provide necessary information or to state their opinions. |
[This Article Wholly Amended on Jun. 26, 2018]
| Article 16 (Exclusion of, Challenge to, or Refrainment by, Members of Indemnification Committees) |
| (1) | Any of the following members of an indemnification committee shall be excluded from the deliberation and resolution of the indemnification committee: |
| 1. | Where a member or a person who is or was the spouse of a member becomes the applicant for the agenda item brought for deliberation; |
| 2. | Where a member is or was in relationship by blood with the applicant for the agenda item brought for deliberation; |
| 3. | Where a member has given testimony, statement, or advices; performed services; or conducted appraisal in relation to the agenda item brought for deliberation; |
| 4. | Where a member or a corporation (including any corporation of certified judicial scrivener and joint office authorized as notary public) to which a member belongs is or was a proxy of the applicant for the agenda item brought for deliberation. |
| 5. | Where a member is an executive officer of the corporation being the applicant for the agenda item brought for deliberation. |
| (2) | If any ground exists for which it would be impracticable to expect the impartial deliberation and resolution of any member, the applicant may file an application with the indemnification committee to challenge the member, and the indemnification committee shall make a decision on such request by resolution. In such cases, the member subjected to such request for challenge shall not participate in the relevant resolution. |
| (3) | Where a member falls under any cause for exclusion provided in the subparagraphs of paragraph (1), he or she shall personally refrain from deliberation and resolution on the relevant agenda item. |
[This Article Wholly Amended on Jun. 26, 2018]
| Article 17 (Dismissal or Removal of Members of Indemnification Committees) |
Where any member of an indemnification committee falls under any of the following cases, the Fire Commissioner of the National Fire Agency, etc. may dismiss or remove the relevant member from his or her office:
| 1. | Where he or she is incapable of performing his or her duties due to mental or physical disability; |
| 2. | Where he or she is deemed unsuitable as a member due to neglect of duties, injury to dignity, or any other reason; |
| 3. | Where he or she fails to refrain himself or herself despite that he or she falls under a case prescribed in any subparagraph of Article 16 (1); |
| 4. | Where he or she divulges confidential information learned while performing his or her duties, in violation of Article 17-2. |
[This Article Newly Inserted on Jun. 26, 2018]
| Article 17-2 (Prohibition of Divulging Confidential Information of Indemnification Committees) |
Persons attending meetings of an indemnification committee shall not divulge any confidential information learned while performing their duties.
[This Article Newly Inserted on Jun. 26, 2018]
| Article 18 (Matters Necessary for Operation of Indemnification Committees) |
Except as otherwise provided for in Articles 13 through 17 and 17-2, matters necessary for the operation, etc. of an indemnification committee shall be determined by the Fire Commissioner of the National Fire Agency, etc. [This Article Newly Inserted on Jun. 26, 2018]
[Previous Article 18 moved to Article 10 <Jun. 26, 2018>]
| Article 18-2 (Management of Personally Identifiable Information) |
The Fire Commissioner of the National Fire Agency (when the relevant authority is entrusted or commissioned, including a person who was entrusted or commissioned) and a Mayor/Do Governor may manage data containing resident registration numbers or alien registration numbers pursuant to subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable for conducting following affairs: <Amended on Nov. 19, 2014; Jul. 26, 2017; Jun. 26, 2018> | 1. | Duties regarding operation and management of an examination for certified firefighting and safety educators under Article 17-2 of the Act; |
| 2. | Duties regarding confirmation of grounds for disqualification of certified firefighting and safety educators under Article 17-3 of the Act; |
[This Article Newly Inserted on Sep. 30, 2014]
| Article 19 (Standards for Imposition of Administrative Fines) |
[This Article Wholly Amended on May 21, 2009]
ADDENDA <Presidential Decree No. 18374, Apr. 24, 2004>
| (1) | (Enforcement Date) This Decree shall enter into force on May 30, 2004. |
| (3) | (Relationship with Other Statutes or Regulations) Where the previous Enforcement Decree of the Fire Services Act and its provisions are quoted in other statutes or regulations as at the time this Decree enters into force, if any corresponding provisions exist in this Decree, this Decree or the corresponding provisions in this Decree shall be deemed to have been quoted in lieu of the previous provisions. |
ADDENDA <Presidential Decree No. 18978, Jul. 27, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 28, 2005.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 19090, Oct. 20, 2005>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 5 (2) shall enter into force three months after the date of the promulgation.
ADDENDA <Presidential Decree No. 19586, Jun. 30, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 19806, Dec. 29, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2007.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 19859, Feb. 1, 2007>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 19954, Mar. 23, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 25, 2007.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 20506, Dec. 31, 2007>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 20558, Jan. 22, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21098, Oct. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 21146, Dec. 3, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 6, 2008.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 21496, May 21, 2009>
This Decree shall enter into force on January 1, 2011: Provided, That the amended provisions of Articles 4 (3) and 19 and attached Table 3 shall enter into force on the date of the promulgation.
ADDENDA <Presidential Decree No. 22003, Jan. 27, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 1, 2010.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22635, Jan. 24, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 24, 2011.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22714, Mar. 22, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures)
| (1) | Notwithstanding the amended provisions of attached Table 3, standards for imposing administrative fines against the violations committed before this Decree enters into force shall be determined by the previous provisions. |
| (2) | In applying, pursuant to the amended provisions of attached Table 3, standards for imposing administrative fines based on the frequency of violations to the violations under subparagraph 2 (b) (i), (d), and (e) of attached Table 3, the first violation committed after this Decree enters into force shall be deemed the first violation. |
ADDENDUM <Presidential Decree No. 23027, Jul. 14, 2011>
This Decree shall enter into force three months after the date of its promulgation.
ADDENDA <Presidential Decree No. 23120, Sep. 6, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 9, 2011.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 23326, Nov. 30, 2011>
This Decree shall enter into force on December 1, 2011.
ADDENDA <Presidential Decree No. 23571, Jan. 31, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 5, 2012.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 23759, May 1, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 (Applicability to Public Announcement of Examinations)
Provisions amending the deadline for public announcement of examinations in this Decree shall begin to apply to the examination to be conducted on or after January 1, 2013.
ADDENDUM <Presidential Decree No. 23941, Jul. 10, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24417, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 25644, Sep. 30, 2014>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 25753, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That, the amendments to the Presidential Decrees to be amended pursuant to Article 7 of the Addenda, which were promulgated before this Decree enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Presidential Decree. Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 27299, Jun. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2016. (Proviso Omitted.)
Articles 2 and 3 Omitted.
Articles 5 through 12 Omitted.
Article 13 (Transitional Measures concerning Amendments to the Enforcement Decree of the Framework Act on Firefighting Services) Where a person is exempt from the following first or second examination for certified firefighting and safety educators under the previous provisions of Article 7-3 (3) as at the time this Decree enters into force, such person shall be exempt from the first examination for certified firefighting and safety educators, which is first administered after this Decree enters into force. Articles 14 and 15 Omitted.
ADDENDA <Presidential Decree No. 27558, Oct. 25, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Special Cases concerning Deadline for Establishing and Submitting Detailed Plans)
Notwithstanding the amended provisions of Article 1-2 (3), the deadline for establishing and submitting a detailed plan of 2017 shall be January 31, 2017.
ADDENDA <Presidential Decree No. 27810, Jan. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 28, 2017. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 28216, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amendments to the Presidential Decrees to be amended pursuant to Article 3 of the Addenda, which were promulgated before this Decree enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Presidential Decree. Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 28706, Mar. 20, 2018>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28995, Jun. 26, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 27, 2018.
Article 2 (Applicability to Indemnification for Loss)
The amended provisions of Articles 11 through 17, 17-2, 18, and 18-2 shall begin to apply to the first case of filing a claim for indemnification for loss with the Administrator of the National Fire Agency, etc. Article 3 Omitted.
ADDENDUM <Presidential Decree No. 29082, Aug. 7, 2018>
This Decree shall enter into force on August 10, 2018.
ADDENDA <Presidential Decree No. 30256, Dec. 24, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 16, 2020. (Proviso Omitted.)
Articles 2 through 33 Omitted.
ADDENDUM <Presidential Decree No. 30515, Mar. 10, 2020>
This Decree shall enter into force on April 1, 2020. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 31248, Dec. 9, 2020>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 2 (d) through (j) of attached Table 3 shall enter into force on December 10, 2020.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 31403, Jan. 19, 2021>
This Decree shall enter into force on January 21, 2021.
ADDENDA <Presidential Decree No. 31666, May. 4, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Exemption from Establishment of Exclusive Use Areas)
The amended provisions of the proviso, with the exception of the subparagraphs, of Article 7-12 shall also apply to multi-family housing the construction of which has been completed or which has been under construction after obtaining permission for construction before this Decree enters into force.
ADDENDUM <Presidential Decree No. 32313, Jan. 4, 2022>
This Decree shall enter into force on January 6, 2022.
ADDENDUM <Presidential Decree No. 32950, Oct. 11, 2022>
This Decree shall enter into force on October 27, 2022.
ADDENDA <Presidential Decree No. 33004, Nov. 29, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 1, 2022. (Proviso Omitted.)
Articles 2 through 17 Omitted.
ADDENDA <Presidential Decree No. 33005, Nov. 29, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 1, 2022.
Articles 2 through 14 Omitted.
ADDENDUM <Presidential Decree No. 33429, Apr. 25, 2023>
This Decree shall enter into force on April 27, 2023.