ENFORCEMENT DECREE OF THE FRAMEWORK ACT ON CIVIL DEFENSE
Wholly Amended by Presidential Decree No. 20442, Dec. 13, 2007
Amended by Presidential Decree No. 20741, Feb. 29, 2008
Presidential Decree No. 20763, Apr. 3, 2008
Presidential Decree No. 21098, Oct. 29, 2008
Presidential Decree No. 21565, jun. 26, 2009
Presidential Decree No. 21744, Sep. 21, 2009
Presidential Decree No. 22075, Mar. 15, 2010
Presidential Decree No. 22269, Jul. 12, 2010
Presidential Decree No. 22564, Dec. 29, 2010
Presidential Decree No. 22940, May 30, 2011
Presidential Decree No. 22962, jun. 7, 2011
Presidential Decree No. 23535, Jan. 25, 2012
Presidential Decree No. 23800, May 22, 2012
Presidential Decree No. 24425, Mar. 23, 2013
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 25944, Dec. 30, 2014
Presidential Decree No. 25985, Jan. 6, 2015
Presidential Decree No. 26435, Jul. 24, 2015
Presidential Decree No. 26914, Jan. 19, 2016
Presidential Decree No. 27619, Nov. 29, 2016
Presidential Decree No. 27620, Nov. 29, 2016
Presidential Decree No. 27749, Dec. 30, 2016
Presidential Decree No. 27960, Mar. 27, 2017
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 28356, Oct. 17, 2017
The purpose of this Decree is to provide for matters mandated by the Framework Act on Civil Defense and matters necessary for the enforcement thereof.
| Article 2 (Financial Support from State to Local Governments) |
Cases where the State provides financial support to local governments pursuant to Article 4 (2) of the Framework Act on Civil Defense (hereinafter referred to as the "Act") shall be limited to cases where it is difficult for a local government to respond to and recover from a civil defense emergency with its own financial resources when the civil defense emergency (hereinafter referred to as "civil defense emergency") under subparagraph 1 of Article 2 occurs, and cases where the State subsidizes the following programs: <Amended by Presidential Decree No. 23800, May 22, 2012> | 1. | Construction and repair of facilities to protect people's lives, such as civil defense emergency evacuation shelters and water supply systems; |
| 2. | Construction and repair of facilities related to civil defense that require uniform operation on a national scale; |
| 3. | Supply and stockpiling of materials and equipment for civil defense; |
| 4. | Implementation of civil defense education and training that require uniform operation on a national scale. |
| Article 3 (Composition of Central Civil Defense Consultative Council) |
| (1) | The Central Civil Defense Consultative Council (hereinafter referred to as the "Central Consultative Council") under Article 6 (1) of the Act shall have one chairperson and one vice chairperson, and the Prime Minister shall serve as the chairperson and the Minister of the Interior and Safety as the vice chairperson. <Amended by Presidential Decree No. 23800, May 22, 2012; Presidential Decree No. 26435, Jul. 24, 2015; Presidential Decree No. 28211, Jul. 26, 2017> |
| (2) | Deleted. <by Presidential Decree No. 26435, Jul. 24, 2015> |
| (3) | The following persons shall serve as members of the Central Consultative Council: <Amended by Presidential Decree No. 23800, May 22, 2012; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | The Minister of Strategy and Finance, the Minister of Education, the Minister of Science and ICT, the Minister of Foreign Affairs, the Minister of Unification, the Minister of Justice, the Minister of National Defense, the Minister of Culture, Sports and Tourism, the Minister of Agriculture, Food and Rural Affairs, the Minister of Trade, Industry and Energy, the Minister of Health and Welfare, the Minister of Environment, the Minister of Employment and Labor, the Minister of Gender Equality and Family, the Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries and the Minister of SMEs and Startups; |
| 2. | The Director of the National Intelligence Service; |
| 3. | The Minister of Patriots and Veterans Affairs, the Minister of Personnel Management, the Commissioner General of the Korean National Police Agency, the Director General of the National Fire Agency, the Commandant of the Korea Coast Guard, and the Chairperson of the Nuclear Safety and Security Commission. |
| 4. | Deleted. <by Presidential Decree No. 26435, Jul. 24, 2015> |
| (4) | The Central Consultative Council may appoint several advisors for them to provide advice and suggestions on civil defense. |
| Article 4 (Functions of Central Consultative Council) |
The Central Consultative Council shall take charge of the following: <Amended by Presidential Decree No. 23800, May 22, 2012>
| 2. | Coordination of duties among central government agencies concerning civil defense; |
| 4. | Deliberation on other matters the Chairperson brings before the Central Consultative Council. |
| (1) | The Chairperson shall preside over affairs of the Central Consultative Council, represent the Central Consultative Council and preside at its meetings. |
| (2) | Where the Chairperson is unable to perform his/her duties for reasons beyond his/her control, the Vice Chairperson shall perform the duties of the Chairperson on his/her behalf. <Amended by Presidential Decree No. 23800, May 22, 2012> |
| Article 6 (Meetings and Proceedings) |
| (1) | The Chairperson shall convene meetings of the Central Consultative Council where deemed necessary. |
| (2) | The Central Consultative Council shall hold its meeting when a majority of its incumbent members attend and pass resolutions with the consent of a majority of the members present. |
| Article 7 (General Affairs) |
| (1) | The Ministry of the Interior and Safety shall take charge of the arrangement of agenda items and other general affairs of the Central Consultative Council. <Amended by Presidential Decree No. 23800, May 22, 2012; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (2) | The Central Consultative Council shall have one administrative secretary and two clerks for them to take charge of general affairs under paragraph (1), the Director General for Disaster Response Policy of the Ministry of the Interior and Safety shall serve as the administrative secretary, and the Chairperson shall appoint clerks from among public officials of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 23800, May 22, 2012; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (3) | The administrative secretary may attend and speak at meetings of the Central Consultative Council. |
| (4) | The Chairperson shall determine other matters necessary to submit agenda items to the Central Consultative Council or to operate Central Consultative Council. |
| Article 8 (Allowances, etc.) |
The Central Consultative Council may pay allowances or other actual expenses to members under Article 3 (3) 4, who are not public officials, and advisors under paragraph (4) of the aforesaid Article within budgetary limits.
| Article 9 (Subcommittees) |
| (1) | Subcommittees of the Central Consultative Council under Article 6 (3) of the Act and the chairperson of each subcommittee shall be as follows: <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | Civil defense planning committee: The Minister of the Interior and Safety; |
| 2. | Disaster countermeasures committee: The Minister of the Interior and Safety; |
| 3. | Disaster relief measures committee: The Minister of Health and Welfare; |
| 4. | Agricultural disaster countermeasures committee: The Minister of Agriculture, Food and Rural Affairs; |
| 5. | Radioactive disaster countermeasures committee: The Chairperson of the Nuclear Safety and Security Commission. |
| (2) | Each subcommittee under paragraph (1) shall examine a relevant basic plan and an action plan for civil defense (hereinafter referred to as "action plan"), and deliberate on other matters the chairperson of the relevant subcommittee brings before the relevant subcommittee. |
| (3) | Each subcommittee may have a working committee consisting of the chairperson of the subcommittee and public officials in Grade 3 of the relevant government agencies or public officials in general service belonging to the Senior Executive Service. |
| (4) | The chairperson of each subcommittee may appoint several persons with extensive knowledge of and experience in civil defense as researchers for them to research and study matters concerning the relevant civil defense, and pay research expenses and travel expenses incurred in conducting research in accordance with research performance within budgetary limits. |
| Article 10 (Delegation to Subcommittees) |
Where the Chairperson of the Central Consultative Council deems it necessary, he/she may delegate some of the affairs of the Central Consultative Council to subcommittees.
| (1) | Cases where it is necessary to mobilize members of civil defense units under Article 9 (1) of the Act means any of the following cases: |
| 1. | A civil defense emergency to which it is difficult for the relevant central government agency to respond with its own functions only; |
| 2. | A civil defense emergency that requires emergency measures. |
| (2) | An emergency under the proviso to Article 9 (1) of the Act means a civil defense emergency under the subparagraphs of paragraph (1), where an emergency situation in which there is no time to wait for the mobilization of members of civil defense units by the Minister of the Interior and Safety at the request of the head of a relevant central government agency occurs within his/her jurisdiction. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (3) | "Heads of regional administrative agencies or commanding officers of military units" in the proviso to Article 9 (1) of the Act means the following persons: <Amended by Presidential Decree No. 22940, May 30, 2011> |
| 1. | The administrator of a regional office of construction and management; |
| 2. | The head of a regional postal service; |
| 3. | The head of a regional forest service; |
| 4. | The commanding officer of a military unit at the level of a regimental commander: Provided, That, where there is a superior military unit having jurisdiction over the regiment in the same region, the commanding officer of the superior military unit shall be the heads of regional administrative agencies or commanding officers of military units. |
| 1. | Directions on formulating a basic plan, such as the priorities and formation of the plan; |
| 2. | Guidelines on formulating detailed tasks of a basic plan, such as the operation of civil defense and measures to be taken in case of a civil defense emergency. |
| (2) | The head of each central government agency shall formulate a basic plan every five years in accordance with the guidelines for formulating a basic plan under paragraph (1). |
| (3) | A basic plan shall include the following: |
| 1. | Analysis and forecasting of environmental changes in national security, disasters and people's awareness; |
| 2. | Objectives of the basic plan; |
| 3. | Matters concerning the operation of a civil defense unit, such as the organization, education and training thereof; |
| 4. | Matters concerning prevention, control, response, recovery, etc. for the protection of the lives and property of residents from a civil defense emergency; |
| 5. | Other matters necessary for civil defense. |
| (4) | Where the head of a relevant central government agency intends to revise a basic plan, he/she shall prepare a proposal therefor and submit the same to the Prime Minister after holding consultations with the Minister of the Interior and Safety. <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 23800, May 22, 2012]
| Article 13 (Action Plans, etc.) |
| (1) | The head of each relevant central government agency shall finalize an action plan for the following year by the end of every September. |
| (2) | The head of a designated administrative agency under Article 12 (2) of the Act shall finalize a detailed action plan for the following year by the end of every October. |
| (3) | The Mayor of the Special Metropolitan City, the Mayor of a Metropolitan City, the Governor of a Do and the Governor of a Special Self-governing Province (hereinafter referred to as the "Mayor/Do Governor") shall finalize a City/Do plan for the following year by November 10 each year. <Amended by Presidential Decree No. 23800, May 22, 2012> |
| (4) | The head of a Si/Gun/Gu shall finalize a Si/Gun/Gu plan for the following year by the end of every December. |
| Article 14 (Range of Heads of Designated Administrative Agencies) |
"Heads of designated administrative agencies" in Article 12 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 21565, Jun. 26, 2009; Presidential Decree No. 21744, Sep. 21, 2009; Presidential Decree No. 22940, May 30, 2011; Presidential Decree No. 22962, Jun. 7, 2011; Presidential Decree No. 23535, Jan. 25, 2012; Presidential Decree No. 23800, May 22, 2012; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 25985, Jan. 6, 2015; Presidential Decree No. 28211, Jul. 26, 2017> | 1. | The administrator of a regional office of construction and management; |
| 2. | The administrator of a regional office of oceans and fisheries; |
| 3. | The administrator of a regional office of aviation; |
| 4. | The President of Korea Railroad Corporation; |
| 5. | The administrator of a regional postal service; |
| 6. | The administrator of a river basin environmental management office and the administrator of a regional environmental management office; |
| 7. | The superintendent of an office of education; |
| 8. | The Director of the Korea Centers for Disease Control and Prevention and the Commissioner of the Animal and Plant Quarantine Agency; |
| 9. | The administrator of a regional forest service; |
| 10. | The Chairperson of the National Agricultural Cooperative Federation; |
| 11. | The Chairperson of the National Federation of Fisheries Cooperatives; |
| 12. | The President of Korea Rural Community Corporation; |
| 13. | The President of Korea Agro-Fisheries and Food Trade Corporation; |
| 14. | The President of Korea Electric Power Corporation; |
| 15. | The President of Korea Gas Safety Corporation; |
| 16. | The President of Korea Land and Housing Corporation; |
| 17. | Deleted. <by Presidential Decree No. 21744, Sep. 21, 2009> |
| 18. | The President of Korea Expressway Corporation; |
| 19. | The President of Korea Water Resources Corporation; |
| 20. | The president of each broadcasting corporation and the director of each regional broadcasting station of each broadcasting corporation; |
| 21. | The President of Korea Atomic Energy Research Institute; |
| 22. | The President of Korea Institute of Nuclear Safety; |
| 23. | The President of Korean Red Cross and managers of its branches; |
| 24. | Persons who construct a dam, etc. under the River Act, etc. (excluding cases where the Korea Electric Power Corporation constructs a dam, etc.); |
| 25. | The heads of other institutions or organizations designated by the Minister of the Interior and Safety because he/she deems them especially necessary for prevention of, preparedness for, response to, and recovery from civil defense emergencies among key telecommunications service providers under the Telecommunications Business Act. |
| Article 15 (Materials, Facilities, etc. for Civil Defense) |
Materials, facilities and equipment which the head of each central government agencies, each Mayor/Do Governor and the head of each Si/Gun/Gu must stockpile, install and maintain pursuant to Article 15 (1) 3 of the Act shall be as follows: <Amended by Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> | 1. | Materials, facilities and equipment necessary for emergency recovery; |
| 2. | Materials, facilities and equipment necessary for preparation against chemical, biological and radiological warfare and for medical treatment and relief; |
| 3. | Underground water pumping stations or facilities that may replace such water pumping stations; |
| 4. | Other materials, facilities and equipment prescribed by Ordinance of the Ministry of the Interior and Safety, which are necessary for civil defense preparation, such as camouflage facilities or materials and protective shelters. |
[This Article Wholly Amended by Presidential Decree No. 23800, May 22, 2012]
| Article 15-2 (Installation of Directional Signs, etc. Indicating Emergency Shelters) |
The head of a Si/Gun/Gu who installs an emergency shelter under Article 15 (1) 1 of the Act shall install or attach directional signs and guidance signs indicating the emergency shelter under attached Table 1 at the relevant emergency shelter, including the entrance thereof and other conspicuous places around the emergency shelter where people can recognize the signs easily. [This Article Newly Inserted by Presidential Decree No. 26914, Jan. 19, 2016]
| Article 15-3 (Subsidization) |
| (1) | Where the Minister of the Interior and Safety intends to provide a subsidy pursuant to Article 15-2 (2) of the Act, he/she shall determine whether to do so and the amount thereof in comprehensive consideration of the following: <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | Possibility of a civil defense emergency; |
| 2. | Regional characteristics, such as the number of residents and geographical features; |
| 3. | Level of deterioration of facilities, equipment or materials (hereafter referred to as "facilities, equipment or materials" in this paragraph) under Article 15 of the Act; |
| 4. | Amount of expenses incurred in maintaining or replacing facilities, equipment or materials and the ability to bear such expenses; |
| 5. | A plan for increasing the number or size of facilities, equipment or materials year by year based on a basic plan; |
| 6. | Other matters prescribed by the Minister of the Interior and Safety, which correspond to the provisions of paragraphs (1) through (5). |
| (2) | In addition to the matters provided for in paragraph (1), the Minister of the Interior and Safety shall prescribe necessary matters concerning subsidization procedures, etc. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
[This Article Newly Inserted by Presidential Decree No. 23800, May 22, 2012]
| Article 16 (Duties of Civil Defense Units) |
Duties of a civil defense unit shall be as follows: <Amended by Presidential Decree No. 23800, May 22 2012>
| (a) | Management and operation of a network to report suspicious persons, civil defense emergencies, etc.; |
| (b) | Management of a warning network and establishment of a warning system; |
| (c) | Installation and management of a common underground water pumping station, shelters and evacuation areas and the control center; |
| (d) | Stockpiling of materials and equipment necessary for civil defense; |
| (e) | Blackout drills and sound control drills; |
| (f) | Protection of its own facilities; |
| (g) | Installation and management of firefighting equipment and equipment preventing chemical, biological and radiological contamination; |
| (h) | Civil Defense education and training; |
| (i) | Other matters concerning activities to prevent, respond to, and recover from a civil defense emergency, and provide support; |
| 2. | Actual or possible civil defense emergency: |
| (a) | Warning and evacuation; |
| (b) | Control and dispersion of residents; |
| (c) | Traffic control and blackout; |
| (d) | Firefighting activities; |
| (e) | Saving of human lives and medical services; |
| (f) | Forecasting and warning of dangerous goods, such as a dud bomb; |
| (g) | Emergency restoration of damaged important facilities; |
| (h) | Enlightenment to prevent popular unrest and guiding residents to instill in them a sense of victory; |
| (i) | Provision of labor, such as the transportation of materials necessary for military operations; |
| (j) | Other matters necessary to respond to a civil defense emergency. |
| Article 17 (Persons Excluded from Civil Defense Units) |
| (1) | Students who are excluded from a civil defense unit pursuant to Article 18 (1) 18 (a) of the Act shall be students who attend any of the following schools: Provided, That, in case of an industrial college under subparagraph 1 and various kinds of schools corresponding thereto, such exclusion shall apply only to the students for whom six years have not passed since their enrollment in the school: |
| 1. | Universities, industrial colleges, colleges of education, junior colleges, technical colleges and various kinds of schools corresponding thereto; |
| 2. | Korea National Police Academy and Korea Advanced Institute of Science and Technology; |
| 3. | Graduate schools and graduate universities (limited to courses of study for a master's degree); |
| 4. | High schools, technical high schools and all other kinds of schools corresponding thereto. |
| (3) | The range of persons with mental or physical disabilities and chronic invalids who are excluded from a civil defense unit pursuant to Article 18 (1) 18 (c) and (d) of the Act shall be as follows: In such cases, persons who fall under subparagraph 3 or 4 shall undergo deliberation by an Eup/Myeon/Dong civil defense consultative council under Article 7 (1) of the Act: <Amended by Presidential Decree No. 27620, Nov. 29. 2016> |
| 3. | Persons deemed to have mental or physical disabilities corresponding to the degree of injury of persons falling under subparagraph 1 based on a diagnosis of a doctor (hereinafter referred to as "doctor who makes diagnoses") under Article 17 (1) of the Medical Service Act; |
| 4. | Chronic invalids diagnosed by a doctor to seriously lack the ability to conduct normal work activities. |
| (4) | Persons falling under paragraph (3) 4, who were excluded from a civil defense unit, shall obtain confirmation after being reviewed by an Eup/Myeon/Dong civil defense consultative council under Article 7 (1) of the Act from December 1 to 20 every year. |
| Article 18 (Volunteering) |
| (1) | A person who intends to volunteer for a civil defense unit pursuant to Article 18 (2) of the Act shall submit an application for enrollment in a civil defense unit (including an application in an electronic form; hereafter the same shall apply in this Article) to persons classified as follows, as prescribed by Ordinance of the Ministry of the Interior and Safety. In such cases, the head of an Eup/Myeon/Dong of the place of his/her residence to whom an application for enrollment in a civil defense unit is submitted pursuant to subparagraph 1 shall transfer such application to the head of an Eup/Myeon/Dong of the place of his/her domicile: <Amended by Presidential Decree No. 20741, Feb. 29. 2008, Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | Local civil defense unit: The head of an Eup/Myeon/Dong of the place of his/her residence or the place of his/her domicile; |
| 2. | Workplace civil defense unit: The commander of a workplace civil defense unit. |
| (2) | Where a person who volunteered for a local civil defense unit moves his/her domicile to an area other than a Tong/Ri where the place of his/her domicile was located at the time of volunteering, or a person who volunteered for a workplace civil defense unit is in retirement from his/her job at the time of volunteering or obtains a new job, he/she shall be disqualified to be a member of a civil defense unit through volunteering. |
| (3) | Where a person who became a member of a civil defense unit through volunteering falls under any of the following cases, he/she may be excluded therefrom at his/her request: |
| 1. | Where one year has passed after he/she became a member of the civil defense; |
| 2. | Where his/her membership to the civil defense unit interferes with his/her livelihood or there are extenuating circumstances. |
| Article 19 (Integration of Small-Scale Civil Defense Units) |
| (1) | Small-scale civil defense units that may be integrated to organize a civil defense unit pursuant to the proviso to Article 19 (1) of the Act shall be as follows: |
| 1. | A Tong/Ri civil defense unit with fewer than 20 members; |
| 2. | A workplace civil defense unit with fewer than 20 members. |
| (2) | A Tong/Ri civil defense unit under paragraph (1) 1 shall be integrated with a neighboring Tong/Ri civil defense unit to organize an integrated local civil defense unit, and a workplace civil defense unit under paragraph (1) 2 shall be integrated with a workplace civil defense unit of a superior workplace or of similar type of occupation within the jurisdiction of the same Si/Gun/Gu to organize an integrated workplace civil defense unit: Provided, That, in case of a workplace civil defense unit, for which there is no other workplace civil defense unit to integrate with to organize an integrated workplace civil defense unit, it shall integrate with a workplace civil defense unit of an Eup/Myeon/Dong where the workplace is located to organize an integrated workplace civil defense unit. |
| Article 20 (Organization of Civil Defense Technical Support Unit) |
| (1) | A Si/Gun/Gu civil defense technical support unit (hereinafter referred to as "civil defense technical support unit") under Article 19 (2) of the Act shall be organized to be of size appropriate for residents to prevent and respond to a regional civil defense emergency for themselves. |
| Article 21 (Organization of Workplace Civil Defense Units) |
| (1) | Workplaces required to have a workplace civil defense unit pursuant to Article 19 (4) of the Act shall be as follows: <Amended by Presidential Decree No. 20741, Feb. 29, 2008; Presidential Decree No. 23800, May 22, 2012; Presidential Decree No. 24425, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | State and local government agencies: |
| (a) | State agencies (the National Assembly Secretariat, the National Court Administration, the Secretariat of the Constitutional Court of Korea, the Secretariat of the National Election Commission and central administrative agencies established pursuant to the Government Organization Act and other Acts; hereinafter the same shall apply), their local administrative agencies and public institutions belonging thereto; |
| (b) | Special Metropolitan City, Metropolitan Cities, Dos, Special Self-governing Province (hereinafter referred to as "City/Do"), Si/Guns/Gus and offices of education, and administrative agencies and public institutions belonging thereto; |
| 2. | Public institutions and business entities: |
| (e) | Public associations prescribed by Ordinance of the Ministry of the Interior and Safety; |
| (f) | Other private enterprises designated by the heads of Sis/Guns/Gus, which meet standards prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (2) | Where the head of a Si/Gun/Gu deems that the operation performance of workplace civil defense units under paragraph (1) 2 (d) through (f) is unsatisfactory or such workplace civil defense units no longer need to be maintained, he/she may require them to reorganize or dissolve the civil defense units. |
| Article 22 Deleted. <by Presidential Decree No. 25944, Dec. 30. 2014> |
| Article 23 (Organization of Combined Civil Defense Unit) |
| (1) | Where there are at least two workplace civil defense units within the same industrial complex (including a free trade zone; hereinafter the same shall apply) premises or building, and the head of such Si/Gun/Gu deems it necessary for the efficient operation of such civil defense units, he/she may require them to organize and operate as a combined workplace civil defense unit, and the head of an Eup/Myeon/Dong may require at least two neighboring Tong/Ri civil defense units to organize and operate as a combined local civil defense unit. <Amended by Presidential Decree No. 25944, Dec. 30, 2014> |
| (2) | In a case under paragraph (1), the commander of a combined workplace civil defense unit shall be the commander of a workplace civil defense unit that manages the relevant industrial complex, premises, or building; and a person designated by the head of an Eup/Myeon/Dong among the commanders of each Tong/Ri civil defense unit shall become the commander of a combined local civil defense unit. |
| Article 24 (Formation of Civil Defense Units) |
| (1) | Each civil defense unit may have one or two deputy commanders under the commander and necessary sub-units. |
| (2) | The commander of the relevant civil defense unit shall appoint deputy commanders and commanders of sub-units. |
| (1) | A civil defense unit may request other civil defense units in neighboring areas to provide aid. |
| (2) | Procedures for providing mutual aid under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 20741, Feb. 29. 2008; Presidential Decree No. 24425, Mar. 23. 2013; Presidential Decree No. 25751, Nov. 19. 2014; Presidential Decree No. 28211, Jul. 26. 2017> |
| Article 26 (Organization Procedures, etc.) |
| (1) | The head of an Eup/Myeon/Dong shall complete procedures for enrollment of a person who is newly enrolled in a civil defense unit by December 31 of the year before the year in which duties of the member of the civil defense unit arise, and, where a person who has moved in reports his/her moving-in on resident registration or the commander of a workplace civil defense unit reports a person who has resigned, the head of an Eup/Myeon/Dong shall immediately take measures to enroll such person in the local civil defense unit. |
| (2) | A person in whose case a reason for exclusion from enrollment in a civil defense unit arises or a person in whose case such reason ceases to exist pursuant to the proviso to Article 20 (1) of the Act shall report the aforesaid fact within 14 days from the date on which the reason arises or ceases to exist, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 20741, Feb. 29. 2008; Presidential Decree No. 24425, Mar. 23. 2013; Presidential Decree No. 25751, Nov. 19. 2014; Presidential Decree No. 28211, Jul. 26. 2017> |
| (3) | Where a person resigns as a member of a workplace civil defense unit or a person has newly been enrolled in the workplace civil defense unit, the commander of the workplace civil defense unit shall report such fact to the head of an Eup/Myeon/Dong within 14 days from the date on which such reason arises, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 20741, Feb. 29. 2008; Presidential Decree No. 24425, Mar. 23. 2013; Presidential Decree No. 25751, Nov. 19. 2014; Presidential Decree No. 28211, Jul. 26. 2017> |
| (4) | The head of an Eup/Myeon/Dong who receives reports pursuant to the proviso to Article 20 (1) of the Act and paragraph (2) of the aforesaid Article shall annually prepare a list of members of a civil defense unit from which persons who have been discharged from duties of a member of the civil defense unit are removed and to which persons who have newly been enrolled in the civil defense unit are added as of December 31 of the preceding year, and send the list to the commander of the relevant Tong/Ri civil defense unit by January 10 of the relevant year. |
| (5) | The commander of a workplace civil defense unit organized pursuant to the main sentence of Article 20 (1) of the Act shall prepare a list of members of the civil defense unit in the relevant year as of December 31 of the preceding year in accordance with paragraph (4) and send the list to the head of the competent Si/Gun/Gu by January 10 of the year. |
| Article 27 (Exercise of Command Authority by Proxy) |
Where the commander of a civil defense unit is unable to perform his/her duties due to extenuating circumstances, the deputy commander shall exercise command authority over the civil defense unit under Article 21 (1) of the Act, and, where the deputy commander is unable to perform his/her duties due to extenuating circumstances, a leading member in the order designated in the formation of the civil defense unit shall exercise command authority over the civil defense unit.
| Article 28 (Control over Reserve Forces, etc. Providing Support) |
Where a civil defense unit receives support from reserve forces to respond to a civil defense emergency, the head of an Eup/Myeon/Dong shall exercise control over the reserve forces that provide support. <Amended by Presidential Decree No. 27619, Nov. 29, 2016>
| (1) | Inspections of a civil defense unit under Article 22 of the Act shall be classified into regular inspections and special inspections, and the head of a Si/Gun/Gu shall conduct regular inspections, and the Minister of the Interior and Safety or the Mayor/Do Governor shall conduct special inspections where he/she deems them necessary. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (2) | The Minister of the Interior and Safety shall prescribe matters concerning methods for conducting inspections under paragraph (1). <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| Article 30 (Education and Training for Members of Civil Defense Units) |
| (1) | Education and training for members of a civil defense unit under Article 23 (1) of the Act shall be provided in a manner prescribed by the Minister of the Interior and Safety. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (2) | The head of an Eup/Myeon/Dong (in the case of entrusted education and field education of members of a workplace civil defense unit or leading members, and technical and skilled members of a civil defense unit, the head of a Si/Gun/Gu; hereafter the same shall apply in this Article) shall deliver a notice of education and training referred to in Article 24 (1) of the Act no later than seven days prior to the date of education and training. In such cases, when the head of an Eup/Myeon/Dong intends to directly deliver such notice of education and training, he/she shall have the commander of the civil defense unit deliver it; and when he/she intends to deliver the notice in an electronic form, he/she shall obtain prior consent thereto from the relevant member of the civil defense unit. <Amended by Presidential Decree No. 28356, Oct. 17, 2017> |
| (3) | Where the head of an Eup/Myeon/Dong delivers a notice of education and training by registered mail or in an electronic form other than by direct delivery, he/she shall notify the commander of the civil defense unit of such fact without delay. <Amended by Presidential Decree No. 20741, Feb. 29. 2008; Presidential Decree No. 24425, Mar. 23. 2013; Presidential Decree No. 25751, Nov. 19. 2014; Presidential Decree No. 28211, Jul. 26. 2017; Presidential Decree No. 28356, Oct. 17, 2017> |
| (4) | Notwithstanding the former part of paragraph (2), a notice of supplementary education and training referred to in paragraph (7) may be delivered no later than 48 hours before the start of training. <Newly Inserted by Presidential Decree No. 28356, Oct. 17, 2017> |
| (5) | Forms of a notice of education and training under paragraph (2), a notice of supplementary education and training under paragraph (4), the written consent of the relevant member of the civil defense unit regarding the delivery of electronic documents under Article 24 (1) the Act, and the written consent to the delivery to a person designated by the relevant member of the civil defense unit under Article 24 (2) of the Act, shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Newly Inserted by Presidential Decree No. 28356, Oct. 17, 2017> |
| (6) | Where a person intends to obtain a postponement of education and training pursuant to Article 23 (4) of the Act, the person himself/herself, the head of the household or an adult member of his/her family shall report his/her intention to obtain the postponement thereof to the commander of a civil defense unit to which he/she belongs and shall obtain an approval from the commander of the civil defense unit no later than one hour prior to the commencement of education and training: Provided, That, in the case of leading members and technical and skilled members of the civil defense unit (hereinafter referred to as "required members of the civil defense unit"), he/she shall obtain an approval for the postponement thereof no later than two days prior to the date of muster. |
| (7) | Where a person who has received a notice of education and training under paragraph (2) fails to participate in education and training, he/she shall separately receive supplementary education and training, as prescribed by the Minister of the Interior and Safety. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| Article 31 (Exemption from Education and Training) |
| (1) | A person who intends to be exempt from education and training pursuant to Article 23 (3) shall obtain an approval from the head of the competent Eup/Myeon/Dong (in the case of a member of a workplace civil defense unit and a member of a technical support unit, from the head of a Si/Gun/Gu) via the commander of the civil defense unit to which he/she belongs: Provided, That the head of an Eup/Myeon/Dong or the head of a Si/Gun/Gu may, ex officio, exempt a person falling under Article 23 (3) 3 of the Act from education and training. |
| (2) | Where a reason for exemption ceases to exist upon completion of the execution of a sentence, return to the Republic of Korea, resignation from, or changing of employment, a person exempted from education and training shall report the aforesaid fact to the head of the competent Eup/Myeon/Dong (in the case of a member of a workplace civil defense unit and a member of a technical support unit, to the head of a Si/Gun/Gu) via the commander of the civil defense unit to which he/she belongs within seven days from the date on which such reason ceases to exist. |
| Article 32 (Allowances to Instructors in Charge of Providing Education and Training) |
The head of an Eup/Myeon/Dong or the head of a Si/Gun/Gu may pay allowances or other actual expenses to instructors in charge of providing education and training within budgetary limits.
| Article 33 (Entrusted Education and Field Education for Members of Civil Defense Units) |
The Minister of the Interior and Safety, the Mayor/Do Governor or the head of a Si/Gun/Gu may conduct education (including field education) by entrusting education of the members of civil defense units to a specialized educational institution (including an educational institution of armed forces). In such cases, a person who entrusts education shall bear the expenses therefor. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017>
| Article 34 (Civil Defense Training) |
| (1) | The Minister of the Interior and Safety may check and inspect the operation and details of civil defense training in collaboration with relevant agencies. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (2) | In addition to the matters provided for in paragraph (1), the Minister of the Interior and Safety shall prescribe matters necessary for civil defense training. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 23800, May 22, 2012]
| Article 35 (Methods and Procedures for Mobilization) |
| (1) | Where the Minister of the Interior, the Mayor/Do Governor, the head of a Si/Gun/Gu, or the head of an Eup/Myeon/Dong mobilizes civil defense units pursuant to Article 26 (1) and (2) of the Act, he/she shall order the commanders of civil defense units subject to mobilization to mobilize members of civil defense units, specifying the period of mobilization, the area where mobilization is to be conducted, civil defense units subject to mobilization, actions to take during mobilization, etc., and publicly announce the mobilization thereof through broadcasts, in daily newspapers or on bulletin boards of the Si/Gun/Gu and Eup/Myeon/Dong, an information and communications network or by other effective means: Provided, That, where it is especially necessary for the national security or there is no time to make a public announcement, he/she may choose not to make a public announcement. |
| (2) | The commander of a civil defense unit ordered to mobilize members of the civil defense unit shall mobilize its members within the prescribed time by selecting a method appropriate for the situation at hand among the following methods: |
| 1. | Siren, striking a bell, warning horn, signal flag; |
| 2. | Verbal communication through an emergency communications network; |
| 3. | Broadcasting and public announcement using a loudspeaker; |
| 4. | Individual notices in writing; |
| 5. | Notice using an information and communications network under Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. |
| (3) | Where it is difficult to respond to a civil defense emergency because such civil defense emergency is broadened or prolonged, the Mayor/Do Governor, the head of a Si/Gun/Gu and the head of an Eup/Myeon/Dong may advise members of civil defense units who have not been mobilized to participate in responding to the civil defense emergency. |
| Article 36 (Dress Regulations, etc.) |
Members of a civil defense unit shall wear the uniform or a badge of members of the civil defense unit prescribed by Ordinance of the Ministry of the Interior and Safety while receiving education and training or performing duties. <Amended by Presidential Decree No. 20741, Feb. 29. 2008; Presidential Decree No. 24425, Mar. 23. 2013; Presidential Decree No. 25751, Nov. 19. 2014; Presidential Decree No. 28211, Jul. 26. 2017>
| Article 37 (Flag of Civil Defense Units) |
| (1) | A civil defense unit may have a flag of the civil defense unit to denote the civil defense unit. |
| (2) | Necessary matters, such as the shape and design of the flag of the civil defense unit under paragraph (1), shall be separately prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 20741, Feb. 29. 2008; Presidential Decree No. 24425, Mar. 23. 2013; Presidential Decree No. 25751, Nov. 19. 2014; Presidential Decree No. 28211, Jul. 26. 2017> |
| Article 38 (Compensation for Accidents) |
| (1) | Compensation for accidents under Article 28 of the Act shall be classified into compensation for death and compensation for disability, and the amount of compensation shall be as follows: <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 26914, Jan. 19, 2016> |
| 1. | For compensation for death, the amount equivalent to 36 times the gross average monthly wage of the entire industry (based on the gross average monthly wage of the year before the year in which a person dies) surveyed and published by the Ministry of Employment and Labor; |
| 2. | For compensation for disability, the amount specified in attached Table 2 depending on the degree of disability specified in attached Table 1-2. |
| (2) | Where a person who received compensation for disability dies from such injury, the amount obtained by subtracting compensation for disability already paid from the amount under paragraph (1) 1 shall be paid as compensation for death. |
| Article 39 (Payment of Compensation) |
| (1) | In cases under subparagraph 1, the State or a relevant local government shall pay compensation for accidents and compensation for suspension of business (hereinafter referred to as "compensation, etc.") under the main sentence of Article 28 (1) of the Act, and in the cases under subparagraphs 2 and 3, a relevant Si/Gun/Gu shall pay such compensation: |
| 1. | Where a member of a civil defense unit is mobilized pursuant to Article 26 (1) of the Act and is injured or dies while performing his/her duties; |
| 3. | Where a member of a civil defense unit who is mobilized pursuant to Article 26 (2) of the Act is injured or dies while performing his/her duties. |
| (2) | Where a Si/Gun/Gu pays compensation, etc. pursuant to paragraph (1), the City/Do may provide a subsidy to cover all or some of such expenses. |
| Article 40 (Standards for Payment of Compensation for Suspension of Business) |
The amount of compensation for suspension of business under the main sentence of Article 28 (1) of the Act shall be the amount obtained by multiplying the amount obtained by calculating the amount equivalent to 60 percent of the average amount of urban household expenses and rural household expenses annually surveyed and published by the Statistics Korea in daily installments by the number of days of the period during which a person has been unable to make a living due to medical treatment: Provided, That the period during which compensation for suspension of business is paid shall not exceed two years.
| Article 41 (Application for Compensation, etc. and Submission of Fact Finding Report, etc.) |
| (1) | A person who intends to receive compensation, etc., as an injured person or family member of a deceased person falling under any of the subparagraphs of Article 39 (1) shall file an application with the head of the Si/Gun/Gu having jurisdiction over the place of his/her domicile, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 20741, Feb. 29. 2008; Presidential Decree No. 24425, Mar. 23. 2013; Presidential Decree No. 25751, Nov. 19. 2014; Presidential Decree No. 28211, Jul. 26. 2017> |
| (2) | Upon receipt of an application under paragraph (1), the head of a Si/Gun/Gu shall immediately submit the application to the Minister of the Interior and Safety via the Mayor/Do Governor along with a fact-finding report prescribed by Ordinance of the Ministry of the Interior and Safety where the State pays compensation, etc., and to the Mayor/Do Governor where the City/Do pays compensation, etc. <Amended by Presidential Decree No. 20741, Feb. 29. 2008; Presidential Decree No. 24425, Mar. 23. 2013; Presidential Decree No. 25751, Nov. 19. 2014; Presidential Decree No. 28211, Jul. 26. 2017> |
| (3) | Where the State bears the burden of compensation, etc., the Minister of the Interior and Safety shall pay compensation, etc. following deliberation by the Civil Defense Planning Committee under Article 9 (1) 1; where a City/Do bears the burden of compensation, etc., the Mayor/Do Governor shall pay compensation, etc. following deliberation by the Special Metropolitan City/Metropolitan City/Do civil defense consultative council under Article 7 (1) of the Act; or where a Si/Gun/Gu bears the burden of compensation, etc., the head of a Si/Gun/Gu shall pay compensation, etc. following deliberation by the Si/Gun/Gu civil defense consultative council under Article 7 (1) of the Act. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| Article 42 (Compensation and Medical Treatment) |
| Article 43 (Reporting by Commander of Civil Defense Unit) |
Where cases eligible for compensation or medical treatment falling under Article 29 of the Act arise, the commander of a civil defense unit shall immediately report such cases to the Minister of the Interior and Safety via the head of the Eup/Myeon/Dong, the head of the Si/Gun/Gu and the Mayor/Do Governor. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017>
| Article 44 (Medical Treatment of Injured Persons) |
| (1) | Where a person who has been injured while performing his/her duties after having been mobilized as a member of a civil defense unit or receiving civil defense education and training intends to receive medical treatment, he/she shall submit an application for medical treatment (including an application in an electronic form) to the head of the local government via the head of the relevant Eup/Myeon/Dong, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 20741, Feb. 29. 2008; Presidential Decree No. 24425, Mar. 23. 2013; Presidential Decree No. 25751, Nov. 19. 2014; Presidential Decree No. 28211, Jul. 26. 2017> |
| (2) | Upon receipt of an application under paragraph (1), the head of the local government shall designate a medical facility where the applicant is able to receive medical treatment among medical facilities located within the jurisdiction of the local government and immediately notify the applicant of such medical facility: Provided, That, where the location, medical technology and ability of the medical facility is inappropriate for medical treatment or there are extenuating circumstances, the head of the local government may designate another medical facility in consultation with the head of another local government or a State or military medical facility after obtaining an approval from the competent Minister. |
| (3) | Article 39 shall apply mutatis mutandis to bearing medical expenses under paragraph (2): Provided, That the State may provide a subsidy for the relevant City/Do or Si/Gun/Gu to cover all or some of such medical expenses. |
| (4) | Where a person provided for in paragraph (1) receives first aid at a place other than a medical facility under paragraph (2) within seven days due to an emergency or other extenuating circumstances, the head of the local government shall bear medical expenses only where he/she deems such first aid necessary. |
| Article 45 (Compensation for Actual Expenses, etc.) |
| (2) | Expenses for meals, accommodation, and transportation under paragraph (1) shall be paid in accordance with standards prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 20741, Feb. 29. 2008; Presidential Decree No. 24425, Mar. 23. 2013; Presidential Decree No. 25751, Nov. 19. 2014; Presidential Decree No. 28211, Jul. 26. 2017> |
| (3) | Ten percent of the current price at the time of the use of the relevant equipment and implements shall be a yearly user fee under Article 30 (3) of the Act, and the user fee may be calculated in monthly or daily installments. <Newly Inserted by Presidential Decree No. 23800, May 22, 2012> |
| Article 46 (Payment of Actual Expenses to Voluntary Participants in Civil Defense Emergency Response) |
| (1) | Where a member of a civil defense unit who participates in responding to a civil defense emergency without being mobilized pursuant to Article 35 (3) or the latter part of Article 30 (2) of the Act performs duties assigned by the head of an Eup/Myeon/Dong in an area where a civil defense emergency has occurred, the head of the Eup/Myeon/Dong may provide meals or pay expenses for meals, accommodation, and transportation. |
| (2) | A member of a civil defense unit who participates in responding to a civil defense emergency without being mobilized pursuant to paragraph (1) shall be assigned duties orally at the scene, etc. of the civil defense emergency to which members of the civil defense unit responded: Provided, That, where necessary, the head of the Eup/Myeon/Dong may assign duties in writing. |
| Article 47 (Emergency Measures and Compensation) |
| (1) | Sounds that may be limited or prohibited pursuant to Article 32 (1) 1 of the Act shall be as follows: <Amended by Presidential Decree No. 27749, Dec. 30, 2016> |
| 1. | A sound similar to a civil defense warning (hereinafter referred to as "civil defense warning") under Article 33 (1) of the Act; |
| 2. | A sound similar to the roar of aircraft; |
| 3. | A sound likely to interfere with surveillance and warnings; |
| 4. | Other sounds that interfere with civil defense activities. |
| (2) | Where the Minister of the Interior and Safety, the Mayor/Do Governor or the head of a Si/Gun/Gu (hereinafter referred to as "person authorized to take emergency measures") intends to take emergency measures under Article 32 (1) 1 of the Act, he/she shall publicly announce the persons subject to emergency measures, the area where emergency measures are to be taken, the period of emergency measures, methods and grounds for taking emergency measures, and other necessary matters through broadcast media, by publishing the said information in newspapers or by posting the information on bulletin boards. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (3) | Where a person authorized to take emergency measures intends to take emergency measures under Article 32 (1) 2 or 3 of the Act, he/she shall issue a written order for emergency measures, stating the list of persons subject to emergency measures, the area where emergency measures are to be taken, the period of emergency measures, methods and grounds for taking emergency measures, and other necessary matters to owners, occupants, managers or business operators: Provided, That, where there is no time to issue a written order for emergency measures, he/she may issue a written order for emergency measures after completion of such emergency measures. |
| (4) | Where a person authorized to take emergency measures intends to take emergency measures under Article 32 (1) 4 of the Act, he/she shall notify the relevant owners, occupants or managers in advance or require at least two residents to be present as witnesses. |
| (5) | Where a person authorized to take emergency measures intends to take emergency measures under Article 32 (1) 2 through 4 of the Act, he/she shall record and maintain a fact-finding report, photographs and other corroborating evidence that may help determine possible losses caused by such measures, as prescribed by Ordinance of the Ministry of the Interior and Safety. In such cases, a person authorized to take emergency measures other than the Minister of the Interior and Safety shall immediately report the fact to the Minister of the Interior and Safety along with a duplicate copy of any relevant documents. <Amended by Presidential Decree No. 20741, Feb. 29. 2008; Presidential Decree No. 24425, Mar. 23. 2013; Presidential Decree No. 25751, Nov. 19. 2014; Presidential Decree No. 28211, Jul. 26. 2017> |
| (6) | The head of an administrative agency who has taken emergency measures shall reach an agreement on the amount of compensation for loss under Article 32 (3) of the Act with a claimant who claims compensation for loss within 30 days from the date on which the claimant claims compensation for loss, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Presidential Decree No. 20741, Feb. 29. 2008; Presidential Decree No. 24425, Mar. 23. 2013; Presidential Decree No. 25751, Nov. 19. 2014; Presidential Decree No. 28211, Jul. 26. 2017> |
| (7) | Where the head of an administrative agency fails to reach an agreement under paragraph (6) with a claimant who claims compensation for loss, the person may request a competent land expropriation committee to render a decision on the amount of compensation for loss within 30 days. In such cases, the competent land expropriation committee shall render a decision in accordance with the procedures specified in the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects. |
| (1) | Where the Minister of the Interior and Safety, a Mayor/Do Governor or the head of a Si/Gun/Gu conducts civil defense training under Article 25 of the Act or takes emergency measures under Article 32 (1) of the Act, he/she may control all types of lights (hereinafter referred to as "blackout") on the sources of light [facilities, equipment and other objects (excluding luminous paints) that emit light] so that enemy aircraft cannot identify their targets by sight so as to lessen the loss of people's lives and property from nighttime air raids: |
| 1. | Shading: Blocking light from beaming out by using blackout curtains, lampshades, etc.; |
| 2. | Concealment: Blocking light from beaming out from sources of light by means other than shading devices; |
| 3. | Lights out or extinction: Blocking light from emitting from sources of light by switching the light on and off or by other means. |
| (2) | A blackout shall be implemented from sunset to sunrise, and lights subject to blackout and how to implement a blackout shall be as specified in attached Table 3: Provided, That interior lights of buildings, motor vehicles, ships, aircraft and underground facilities, which do not illuminate out, shall be excluded from lights subject to blackout. |
| (3) | In the event of a blackout, warnings shall be given to the public by means of broadcasting, siren or tolling a bell. |
| Article 49 (Classification of Blackouts) |
| (1) | Except for cases under Article 50, blackouts shall be classified into a precautionary blackout and air raid blackout. |
| (2) | A precautionary blackout shall be implemented from the time a precautionary warning is given to the time the precautionary warning is canceled, or to the time the precautionary warning is converted into an air raid warning. |
| (3) | An air raid blackout shall be implemented from the time an air raid warning is given to the time the air raid warning is canceled, or the time the air raid warning is converted into the precautionary warning. |
| (4) | A blackout drill shall be conducted in accordance with paragraphs (2) and (3), and when a warning is given, it must be made clear that it is a drill. |
| Article 50 (Designated Blackouts) |
| (1) | Where especially necessary for civil defense, the Minister of the Interior and Safety may implement a blackout in accordance with the methods for implementing a precautionary blackout after fixing a period of time intended for a certain area and designating all or some of ordinary outdoor lights specified in attached Table 3. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (2) | Where the Minister of the Interior and Safety implements a designated blackout pursuant to paragraph (1), he/she shall publicly announce types of lights subject to the designated blackout, the period of the implementation thereof and the area where the designated blackout is implemented in advance. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| Article 51 (Use of Lights in Case of Emergency) |
Notwithstanding the provisions of this Decree, the minimum light needed may be used in any of the following cases:
| 1. | Where light is required to suppress fire or other firefighting activities; |
| 2. | Where light is required to save human lives and to provide inevitable medical care that should not be delayed; |
| 3. | Where permission to use light is obtained from a Mayor/Do Governor or the head of a Si/Gun/Gu because light is especially needed. |
| Article 52 (Designation of Flames Which May Not Be Concealed or Extinguished) |
The head of a Si/Gun/Gu may designate flames which may not be concealed or extinguished at the time of a precautionary blackout or air raid blackout, and determine the degree of the concealment thereof, from among the other flames specified in subparagraph 9 of attached Table 3, where it is extremely difficult to control the light of such flames or the control of the light thereof causes great loss to the national economy.
| Article 53 (Designation of Person Responsible for Lights-out) |
The head of a Si/Gun/Gu may require managers, occupants or owners of facilities or equipment that emit light within his/her jurisdiction to designate a person responsible for lights-out in order to efficiently implement a blackout.
| Article 54 (Consultation with Relevant Agencies) |
Where the Minister of the Interior and Safety or the head of a Si/Gun/Gu intends to make a designation under Article 50 or 52, he/she shall consult the relevant agencies. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017>
| Article 54-2 (Response and Recovery) |
| (1) | The head of the relevant local government who implements measures for response to and recovery from a civil defense emergency pursuant to Article 32-2 of the Act shall immediately report the status of response and recovery to the Minister of the Interior and Safety. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (2) | In addition to the matters provided for in paragraph (1), the Minister of the Interior and Safety shall prescribe matters necessary for measures for response to and recovery from a civil defense emergency. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
[This Article Newly Inserted by Presidential Decree No. 23800, May 22, 2012]
| Article 55 (Civil Defense Warnings) |
| (1) | Civil defense warnings shall be classified into a civil air defense warning given for civil air defense and a disaster warning given in the event of other disasters. <Amended by Presidential Decree No. 27749, Dec. 30, 2016> |
| (2) | The Minister of the Interior and Safety shall determine methods for signaling, means of communication, etc. of civil defense warnings in consultation with the heads of relevant central administrative agencies. <Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (3) | Where a civil defense emergency falls under any of the following, a Mayor/Do Governor, the head of a Si/Gun/Gu or the head of an Eup/Myeon/Dong in a border area under the Special Act on Support for Border Area may give a civil defense warning: <Amended by Presidential Decree No. 23800, May 22, 2012> |
| 1. | Mayor/Do Governor: Where a civil defense emergency occurs or is likely to occur in at least two Sis/Guns/Gus; |
| 2. | Head of a Si/Gun/Gu: Where a civil defense emergency occurs or is likely to occur in the relevant Si/Gun/Gu only; |
| 3. | Head of an Eup/Myeon/Dong in a border area: Where a civil defense emergency occurs or is likely to occur in the relevant Eup/Myeon/Dong only. |
| (4) | Notwithstanding paragraph (3), persons classified as follows may give a disaster warning: <Amended by Presidential Decree No. 20763, Apr. 3, 2008> |
| 1. | Disaster warning following a flood: Administrator of a regional office of construction and management; |
| 2. | Disaster warning following the opening of floodgates of a dam, etc.: A person who constructed the dam, etc. (including a manager) under Article 39 (1) of the River Act or person responsible for a hydroelectric power plant. |
| (5) | A person who gives a civil defense warning pursuant to paragraphs (3) and (4) shall immediately report the fact to the head of the relevant local government and the Minister of the Interior and Safety. <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| Article 55-2 (Dissemination of Civil Defense Warnings) |
| (1) | Buildings in which a civil defense warning must be disseminated (hereinafter referred to as "building in which a warning must be disseminated") pursuant to Article 33 (3) of the Act shall be as specified in attached Table 3-2. |
| (2) | Where a civil defense warning is given, a managing entity of a building in which a warning must be disseminated shall promptly disseminate the civil defense warning within the building using broadcasting equipment, etc. pursuant to Article 33 (3) of the Act. |
| (3) | In addition to the matters provided for in paragraphs (1) and (2), the Minister of the Interior and Safety shall prescribe and announce detailed matters necessary to disseminate the civil defense warning within buildings in which a warning must be disseminated. <Amended by Presidential Decree No. 28211, Jul. 26, 2017> |
[This Article Newly Inserted by Presidential Decree No. 27749, Dec. 30, 2016]
| Article 56 (Delegation of Authority) |
| (1) | The head of a central government agency may delegate his/her authority under Article 15 (2) of the Act to the head of a local administrative agency under his/her jurisdiction pursuant to Article 34 of the Act. <Amended by Presidential Decree No. 23800, May 22, 2012> |
| (2) | Where the head of a central government agency delegates his/her authority, he/she shall announce such delegation in the Official Gazette. |
| Article 56-2 (Processing of Personally Identifiable Information) |
Where inevitably necessary to conduct the following affairs, the Minister of the Interior and Safety, the Mayor/Do Governor, the head of the Si/Gun/Gu (where the relevant authority has been delegated or entrusted, including a person to whom the authority has been delegated or entrusted) and the head of an Eup/Myeon/Dong may process information including resident registration numbers, passport numbers or alien registration numbers under Article 19 of the Enforcement Decree of the Personal Information Protection Act: <Amended by Presidential Decree No. 28211, Jul. 26, 2017> | 3. | Affairs concerning the implementation of education and training for members of a civil defense unit under Article 23 of the Act; |
| 4. | Affairs concerning the delivery of a notice of education and training to members of a civil defense unit under Article 24 of the Act; |
| 6. | Affairs concerning the payment of compensation to injured persons or bereaved families, etc. of persons who died under Article 28 of the Act; |
| 7. | Affairs concerning compensation to or medical treatment of injured persons or bereaved families, etc. of persons who died under Article 29 of the Act; |
| 8. | Affairs concerning the payment of actual expenses, etc. to required members of a civil defense unit or members of a civil defense unit under Article 30 of the Act; |
[This Article Newly Inserted by Presidential Decree No. 27960, Mar. 27, 2017]
| Article 57 (Criteria for Imposition of Administrative Fines) |
Criteria for the imposition of administrative fines under Article 39 (2) of the Act shall be as specified in attached Table 4. [This Article Wholly Amended by Presidential Decree No. 23800, May 22, 2012]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 (Relationship with other Statutes)
Where any provisions of the former Enforcement Decree of the Framework Act on Civil Defense are cited by other statutes at the time this Decree enters into force and this Decree contains the provisions corresponding thereto, the relevant provisions of this Decree shall be deemed cited in lieu of the former provisions.
ADDENDA <Presidential Decree No. 20741, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 20763, Apr. 3, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 7, 2008.
Articles 2 through 4 Omitted.
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. 21565, Jun. 26, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 30, 2009: Provided, That ... (Omitted) ... Article 3 of the Addenda shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 21744, Sep. 21, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 1, 2009.
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. 22269, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22564, Dec. 29, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 30, 2010. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 22940, May 30, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 22962, Jun. 7, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 15, 2011.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 23535, Jan. 25, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 26, 2012.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 23800, May 22, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 23, 2012.
Article 2 (Transitional Measures concerning Members of Central Consultative Council)
Members appointed or commissioned pursuant to the former provision of Article 3 (3) 4 at the time this Decree enters into force shall be deemed members of the Central Consultative Council until the Chairperson designates institutions and organizations pursuant to the amended provision of Article 3 (3) 4.
ADDENDA <Presidential Decree No. 24425, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amendments to the Presidential Decrees amended pursuant to Article 6 of the Addenda, which were promulgated before this Decree enters into force and whose enforcement dates have yet to arrive, shall enter into force on the enforcement dates of the relevant Presidential Decrees, respectively.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 25751, 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 amended pursuant to Article 5 of the Addenda, which were promulgated before this Decree enters into force and whose enforcement dates have yet to arrive, shall enter into force on the enforcement dates of the relevant Presidential Decrees, respectively.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 25944, Dec. 30, 2014>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 25985, Jan. 6, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 26435, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 26914, Jan. 19, 2016>
This Decree shall enter into force on January 21, 2016.
ADDENDA <Presidential Decree No. 27619, Nov. 29, 2016>
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. 27620, Nov. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 30, 2016.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 27749, Dec. 30, 2016>
This Decree shall enter into force on January 28, 2017.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amendments to the Presidential Decrees amended pursuant to Article 8 of the Addenda, which were promulgated before this Decree enters into force and whose enforcement dates have yet to arrive, shall enter into force on the enforcement dates of the relevant Presidential Decrees, respectively.
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 28356, Oct. 17, 2017>
This Decree shall enter into force on October 19, 2017.