ENFORCEMENT DECREE OF THE FRAMEWORK ACT ON HEALTH, SAFETY AND WELFARE OF FIREFIGHTING OFFICIALS
Presidential Decree No. 24051, Aug. 22, 2012
Amended by Presidential Decree No. 24417, Mar. 23, 2013
Presidential Decree No. 24852, Nov. 20, 2013
Presidential Decree No. 25753, Nov. 19, 2014
Presidential Decree No. 28196, Jul. 17, 2017
Presidential Decree No. 28216, Jul. 26, 2017
| Article 2 (Procedures for Formulating Master Plans, etc. for Health, Safety and Welfare of Fire Officials, etc.) |
| (1) | The Administrator of the National Fire Agency shall formulate a master plan for health, safety and welfare of fire officials (hereinafter referred to as "master plan") under Article 7 (1) of the Framework Act on Health, Safety and Welfare of Fire Officials (hereinafter referred to as the “Act”) no later than June 30 of the year preceding the year in which the relevant master plan takes effect, have consultations with the heads of relevant central administrative agencies thereon, and obtain approval from the President by November 30 of the same year. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28216, Jul. 26, 2017> |
| (2) | The Administrator of the National Fire Agency shall formulate an annual plan for health, safety and welfare of fire officials under Article 7 (3) of the Act (hereinafter referred to as "annual plan") no later than December 31 of the year preceding the year in which the relevant annual plan commences. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28216, Jul. 26, 2017> |
| (3) | When the Administrator of the National Fire Agency formulates a master plan or an annual plan under paragraph (1) or (2), he/she shall, without delay, notify the head of each relevant central administrative agency, the Special Metropolitan City Mayor, and each Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") thereof. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28216, Jul. 26, 2017> |
| Article 3 (Survey on Present Condition of Health, Safety, and Welfare of Fire Officials) |
| (1) | The Administrator of the National Fire Agency shall conduct a survey on the present condition of health, safety, and welfare of fire officials under Article 7 (5) of the Act (hereinafter referred to as "regular survey") no later than March 31 of the year preceding the year in which the relevant master plan takes effect. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28216, Jul. 26, 2017> |
| (2) | A regular survey shall include the following: |
| 1. | Matters relating to the risk factors causing detrimental health effects to fire officials and causes of accidents during fire-fighting activities; |
| 2. | Matters relating to the current status of designation and operation of medical centers specialized in fire service under Article 10 of the Act (hereinafter referred to as “medical centers specialized in fire service”); |
| 3. | Matters relating to the treatment of fire officials, analysis of risk factors, and research on occupational diseases of fire officials, conducted by medical centers specialized in fire service; |
| 4. | Matters relating to the working conditions of fire officials, including monitoring the environment for fire-fighting activities under Article 15 of the Act; |
| 5. | Matters relating to the health and safety compliance at fire-fighting scenes; |
| 6. | Matters relating to the installation and use of welfare facilities and physical exercise facilities; |
| 7. | Other matters necessary to ensure health, safety, and welfare of fire officials. |
| (3) | The Administrator of the National Fire Agency may conduct surveys other than the regular survey, if changes in social conditions relating to the health, safety, and welfare of fire officials require additional surveys. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28216, Jul. 26, 2017> |
| Article 4 (Formulation of Execution Plans for Health, Safety, and Welfare of Fire Officials) |
| (1) | A Mayor/Do Governor shall formulate an execution plan for health, safety, and welfare of fire officials under Article 8 (1) of the Act (hereinafter referred to as "execution plan") no later than January 31 each year and submit it to the Administrator of the National Fire Agency. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28216, Jul. 26, 2017> |
| (2) | An execution plan shall include the following: <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28216, Jul. 26, 2017> |
| 1. | Matters relating to the detailed execution plans for achieving policy objectives for health, safety, and welfare of fire officials; |
| 2. | Matters relating to budget support for improving health, safety, and welfare of fire officials; |
| 3. | Matters relating to expansion of personnel and equipment for preventing accidents during fire-fighting activities, and education and training therefor; |
| 4. | Other matters determined by the Administrator of the National Fire Agency as necessary to implement a master plan or an execution plan. |
| Article 5 (Membership of Policy Council for Health, Safety, and Welfare of Fire Officials) |
| (1) | “Relevant central administrative agencies” in Article 9 (3) of the Act mean the following central administrative agencies: <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28216, Jul. 26, 2017> |
| 1. | Ministry of Strategy and Finance; |
| 2. | Ministry of Public Administration and Security; |
| 3. | Ministry of Health and Welfare; |
| 4. | Other central administrative agencies acknowledged by the Administrator of the National Fire Agency as relating to the health, safety, and welfare of fire officials. |
| (2) | If persons who have abundant knowledge and experience in health, safety and welfare of fire officials are commissioned to be members of the Policy Council for Health, Safety and Welfare of Fire Officials (hereinafter referred to as the "Council") under Article 9 (3) of the Act, the maximum number of persons so commissioned shall not exceed three. |
| (3) | The term of office of members commissioned under paragraph (2) shall be two years, and may be consecutively renewed only once. |
| Article 6 (Operation of the Council) |
| (1) | The Chairperson of the Council (hereinafter referred to as the “Chairperson”) shall convene and preside over meetings of the Council. |
| (2) | When the Chairperson is unable to perform his/her duties due to unavoidable reasons, the Council member designated in advance by the Chairperson shall act on his/her behalf. |
| (3) | A majority of the members of the Council shall constitute a quorum, and any decision thereof shall require a concurring vote of at least a majority of those present. |
| (4) | The Council may require the heads of relevant central administrative agencies, research institutes, organizations, etc. to submit data or opinions, and have relevant public officials or experts attend its meeting to present opinions, if necessary to conduct its business. |
| (5) | If the Council deliberates on any matter described in the subparagraphs of Article 9 (4) of the Act, it shall seek opinions from fire officials in either of the following ways: <Newly Inserted by Presidential Decree No. 28196, Jul. 17, 2017> |
| 1. | Requiring the following fire officials to present written opinions: |
| (a) | Fire officials who are in the rank of fire marshal or a lower rank under the authority of the Ministry of Public Safety and Security; |
| (b) | Fire officials who are in the rank of local fire marshal or a lower rank under the authority of the Special Metropolitan City, a Metropolitan City, Special Self-Governing City, Do, or Self-Governing Province (hereinafter referred to as “City/ Do”); |
| 2. | Requiring the following fire officials to attend the meeting of the Council: |
| (a) | Fire officials representing those in the rank of fire marshal or a lower rank under the authority of the Ministry of Public Safety and Security; |
| (b) | Fire officials representing those in the rank of local fire marshal or a lower rank under the authority of each City/Do. |
| (6) | Other matters necessary for operating the Council than those provided for in paragraphs (1) through (5) shall be determined by the Chairperson pursuant to a resolution of the Council. <Amended by Presidential Decree No. 28196, Jul. 17, 2017> |
| Article 7 (Designation, Operation, etc. of Central Medical Center Specialized in Fire Service) |
| (1) | The Administrator of the National Fire Agency shall designate the police hospital as a medical center specialized in fire service under Article 10 (1) of the Act. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28216, Jul. 26, 2017> |
| (2) | The medical center specialized in fire service designated under paragraph (1) (hereinafter referred to as the “central medical center specialized in fire service”) shall conduct the following affairs: <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28216, Jul. 26, 2017> |
| 1. | Treatment of fire officials; |
| 2. | Analysis of factors causing health problems for fire officials due to a special working environment and research on their diseases; |
| 4. | Other matters requested by the Administrator of the National Fire Agency or a Mayor/Do Governor in relation to the health management of fire officials. |
| (3) | The expenses incurred in operating the central medical center specialized in fire service shall be borne by the State or a City/Do. <Amended by Presidential Decree No. 28196, Jul. 17, 2017> |
| (4) | Matters necessary for operating the central medical center specialized in fire service, including the commencement date for treatment of fire officials, shall be determined by the Administrator of the National Fire Agency, in consultation with the Commissioner General of the National Police Agency. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28216, Jul. 26, 2017> |
| Article 8 (Designation, Operation, etc. of Local Medical Centers Specialized in Fire Service) |
| 2. | A medical institution acknowledged to be proper for a medical center specialized in fire service by a Mayor/Do Governor, other than those specified in subparagraph 1. |
| (2) | The Administrator of the National Fire Agency, in consultation with the Mayor/Do Governor and other relevant agencies, may designate and operate a medical institution specified in paragraph (1) as a medical center specialized in fire service under Article 10 (1) of the Act. In such cases, a medical institution specified in paragraph (1) 2 is allowed to be designated as a medical center specialized in fire service, only in cases where the relevant City/Do has no national or public hospital, or the relevant national or public hospital is not proper to be used for a medical center specialized in fire service. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28216, Jul. 26, 2017> |
| (3) | A medical center specialized in fire service designated under paragraph (2) (hereinafter referred to as “local medical center specialized in fire service”) shall conduct the following affairs: <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28216, Jul. 26, 2017> |
| 1. | Treatment of fire officials; |
| 3. | Other matters requested by the Administrator of the National Fire Agency or a Mayor/Do Governor in relation to the health management of fire officials. |
| (4) | The expenses incurred in operating local medical centers specialized in fire service shall be borne by the relevant City/Do; and matters necessary for operating local medical centers specialized in fire service shall be determined by the Administrator of the National Fire Agency, after seeking opinions from the Mayor/Do Governor and other relevant agencies. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28216, Jul. 26, 2017> |
| Article 9 (Qualifications of Managers Responsible for Management of Health and Safety, etc.) |
| (1) | The classification for managers responsible for the management of health and safety referred to in Article 10 (4) of the Act shall be the health and safety chief officer, health and safety manager, and on-site health and safety manager, whose qualifications shall be as follows: |
| 1. | Health and safety chief officer: A deputy chief fire official responsible for the health and safety program in the fire service agency or station; |
| 2. | Health and safety manager: A fire official designated by the head of the fire service agency or station, from among fire officials assisting the health and safety chief officer in the fire service agency or station; |
| 3. | On-site health and safety manager: The highest ranking fire official responsible for the overall management of the fire-fighting activities of an incident. |
| (2) | The health and safety chief officer shall perform the following duties: |
| 1. | Preparation of regulations on the management of health and safety of fire officials under Article 14 of the Act, and checking and evaluation of compliance therewith: |
| 2. | Creation, implementation and evaluation of educational programs relating to health and safety management; |
| 3. | Case study of accidents during fire service activities and establishment of measures for accident prevention reflecting regional characteristics; |
| 4. | Checking protective equipment; |
| 5. | Education and management of on-site health and safety managers; |
| 6. | Record-keeping and statistical data management relating to accidents during fire service activities; |
| 7. | Other duties relating to the prevention of accidents during fire service activities. |
| (3) | A health and safety manager shall assist the health and safety chief officer in relation to the duties set forth in the subparagraphs of paragraph (2). |
| (4) | An on-site health and safety manager shall perform the following duties: |
| 1. | Following directions made by the health and safety chief officer in relation to the management of health and safety at fire-fighting scenes: |
| 2. | Making sure that fire officials dispatched to a scene of fire service activities wear personal protective equipment and checking on their physical and mental conditions; |
| 3. | Other duties related to the management of health and safety at fire-fighting scenes. |
| Article 10 (Qualifications of Medical Doctors for Fire service, etc.) |
| (2) | Medical doctors for fire service shall perform the following duties: |
| 1. | Visiting treatment and counseling service for fire officials on a regular or intermittent basis; |
| 2. | Operating occupational disease prevention programs for fire officials; |
| 5. | Operating other health management, counseling, and mental health programs for fire officials. |
| (3) | Medical doctors for fire service shall advise the head of Fire and Disaster Headquarters to take necessary measures for those who have been found to be in need of treatment of diseases or professional counseling as a result of operating any health management, counseling and mental health program for fire officials. |
| (4) | Medical doctors for fire service shall be appointed as a public official in a fixed term position under the Decree on the Appointment of Public Officials or a local public official in a fixed term position under the Decree on the Appointment of Local Public Officials. <Amended by Presidential Decree No. 24852, Nov. 20, 2013> |
| Article 11 (Management and Operation of Welfare Facilities, etc.) |
In accordance with Article 12 (4) of the Act, the head of a fire agency or station shall designate a public official in charge of its welfare programs to be a manager responsible for the management of facilities for welfare and physical exercise under authority of the relevant agency or station.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on August 23, 2012.
Article 2 (Applicability to Formulation of Master and Annual Plans and Regular Surveys)
The Administrator of the National Emergency Management Agency shall acknowledge 2014 to be the year in which the first master plan takes effect, formulate and notify a master plan and an annual plan in accordance with Article 2, and conduct a regular survey in accordance with Article 3. Article 3 (Special Cases concerning Health, Safety and Welfare Plan for Fire Officials for Year 2013)
| (1) | Notwithstanding the provisions of Article 2, the Administrator of the National Emergency Management Agency may, for the year 2013, formulate and implement a health, safety and welfare plan for fire officials for year 2013 by January 31, 2013, without differentiating between the master plan and the annual plan. |
| (2) | If necessary to formulate a health, safety and welfare plan for fire officials for the year 2013 under paragraph (1), the Administrator of the National Emergency Management Agency may conduct additional surveys other than the regular survey under Article 3 (3), and reflect the findings in the health, safety and welfare plan for fire officials for the year 2013. |
| (3) | When the Administrator of the National Emergency Management Agency formulates a health, safety and welfare plan for fire officials for the year 2013, he/she shall include the matters set forth in the subparagraphs of Article 7 (2) of the Act therein, and notify each Mayor/Do Governor of the plan so formulated without delay. |
| (4) | When a Mayor/Do Governor is notified the health, safety and welfare plan for fire officials for the year 2013, he/she shall formulate an action plan no later than February 28 2013, and submit the plan to the Administrator of the National Emergency Management Agency. |
Article 4 (Transitional Measures concerning Designation of Medical Centers Specialized in Fire Service)
A medical center specialized in fire service designated under Articles 61 and 62 of the Decree on the Appointment of Fire Officials as at the time this Decree enters into force shall be deemed designated as a medical center specialized in fire service under Articles 7 and 8 of this Decree.
Article 5 Omitted.
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.
ADDENDA <Presidential Decree No. 24852, Nov. 20, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 12, 2013.
Articles 2 through 9 Omitted.
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 provisions of the Presidential Decrees amended by Article 7 of the Addenda which were promulgated before this Decree enters into force whose enforcement date has not arrived yet shall enter into force on the respective date the relevant Presidential Decree enters into force.
Articles 2 through 7 Omitted.
ADDENDUM <Presidential Decree No. 28196, Jul. 17, 2017>
This Decree shall enter into force on July 19, 2017.
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 provisions of the Presidential Decrees amended by Article 3 of the Addenda, which were promulgated before this Decree enters into force whose enforcement date has not arrived yet shall enter into force on the respective date the relevant Presidential Decree enters into force.
Articles 2 and 3 Omitted.