ENFORCEMENT DECREE OF THE DISASTER RELIEF ACT
Wholly Amended by Presidential Decree No. 20247, Sep. 6, 2007
Amended by Presidential Decree No. 21214, Dec. 31, 2008
Presidential Decree No. 22075, Mar. 15, 2010
Presidential Decree No. 22564, Dec. 29, 2010
Presidential Decree No. 22725, Mar. 29, 2011
Presidential Decree No. 23713, Apr. 10, 2012
Presidential Decree No. 23822, jun. 1, 2012
Presidential Decree No. 24319, Jan. 16, 2013
Presidential Decree No. 24417, Mar. 23, 2013
Presidential Decree No. 24608, jun. 17, 2013
Presidential Decree No. 25694, Nov. 4, 2014
Presidential Decree No. 25753, Nov. 19, 2014
Presidential Decree No. 27326, Jul. 7, 2016
Presidential Decree No. 27506, Sep. 22, 2016
Presidential Decree No. 27572, Nov. 1, 2016
Presidential Decree No. 27751, Dec. 30, 2016
Presidential Decree No. 28074, May 29, 2017
Presidential Decree No. 28211, Jul. 26, 2017
The purpose of this Decree is to provide for matters delegated by the Disaster Relief Act and those necessary for the enforcement thereof.
| Article 1-2 (Victims of Disasters) |
A “person who sustains loss from disaster falling under the criteria prescribed by Presidential Decree, such as the degree of damage to residential facilities, etc.”, provided for in subparagraph 1 of Article 2 of the Disaster Relief Act (hereinafter referred to as the “Act”) shall mean any of the following persons: <Amended by Presidential Decree No. 28211, Jul. 26, 2017> | 2. | A person who suffers an injury from a disaster to such an extent that it disrupts his/her everyday life; |
| 3. | A person whose residential facilities sustain any of the following post-disaster damage: |
| (a) | Loss of residential facilities due to their being swept away, broke down, turned over, etc.; |
| (b) | Flooding of or damage to residential facilities to an extent that they can no longer be used as dwelling places without repair; |
| 4. | A person subject to a measure taken to prevent the spread of any of the following infectious diseases or contagious animal diseases, whereby he/she is required to leave his/her residential facilities or restricted from accessing his/her residential facilities: |
| 5. | A person who has suffered damage caused by a disaster (hereinafter referred to as “disaster-caused damage”), other than those prescribed in subparagraphs 1 through 4, and is recognized by the Minister of the Interior and Safety or a relief agency to be in need of relief. |
[This Article Newly Inserted by Presidential Decree No. 27326, Jul. 7, 2016]
| Article 1-3 (Persons Eligible for Support for Psychological Stability and Social Adaptation) |
A “person prescribed by Presidential Decree” referred to in subparagraph 3 of Article 3 of the Act shall mean any of the following persons: <Amended by Presidential Decree No. 28211, Jul. 26, 2017> | 1. | A person who has witnessed a disaster in person; |
| 2. | A person who has participated in relief, volunteer, or recovery activities at the site of a disaster; |
| 3. | A person, other than those prescribed in subparagraphs 1 and 2, who meets the criteria publicly announced by the Minister of the Interior and Safety in consideration of the extent of psychological damage caused by a disaster, etc. |
[This Article Newly Inserted by Presidential Decree No. 27326, Jul. 7, 2016]
| Article 2 (Types, etc. of Relief) |
| (1) | The relief methods by type of relief prescribed in Article 4 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 21214, Dec. 31, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 22564, Dec. 29, 2010; Presidential Decree No. 24417, Mar. 23, 2013; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 27326, Jul. 7, 2016; Presidential Decree No. 28074, May 29, 2017; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | Supply of temporary residential facilities referred to in Article 4 (1) 1 of the Act: In the case of a disaster victim or a temporary evacuee whose residential facilities are lost or made virtually uninhabitable, he/she shall be allowed to temporarily stay in provisional facilities such as public facilities and tents; |
| 2. | Supply of meals or other daily necessities such as food, clothing, bedding, etc. under Article 4 (1) 2 of the Act: The criteria for providing meals or other daily necessities such as food, clothing, and bedding to a victim of disaster or a temporary evacuee are as follows in attached Table 1; |
| 3. | Relief activities provided for in Article 4 (1) 3 through 5 of the Act: The relief activities shall be conducted by working groups to be formed to take the respective and exclusive charge of medical assistance, infectious disease control, and sanitation guidance at regional relief centers defined in Article 8 (1) of the Act. In such cases, the Minister of the Interior and Safety shall consult with the Minister of Health and Welfare to prescribe the detailed methods for relief as Ordinance of the Prime Minister; |
| 4. | Support for funeral services referred to in Article 4 (1) 6 of the Act: The support for funeral services shall be provided according to the following classifications: |
| (a) | When there is a relative of a person who has died due to a disaster: The funeral expenses shall be paid to the relative in accordance with the standards determined and publicly announced by the Minister of the Interior and Safety; |
| (b) | When there is no relative of a person who has died due to a disaster: A funeral shall be conducted by the head of a Si/Gun/Gu (in the case of the head of a Gu, referring to the head of an autonomous Gu; hereinafter the same shall apply) according to the following classifications: |
| (i) | When the domicile of a person who has died due to a disaster is verified: the head of a Si/Gun/Gu having the jurisdiction over the domicile of the deceased; |
| (ii) | When the domicile of a person who has died due to a disaster is not verified: the head of a Si/Gun/Gu having the jurisdiction over the site of a disaster; |
| 5. | Support for psychological stability and social adaptation provided for in Article 4 (1) 7 of the Act (hereinafter referred to as “psychological recovery”): The following support for psychological recovery shall be provided to a person falling under any subparagraph of Article 1-3: |
| (a) | Counselling and psychological diagnosis for psychological recovery; |
| (2) | Detailed matters concerning the relief methods by type of relief, other than those prescribed in paragraph (1), shall be prescribed by Ordinance of the Prime Minister. <Newly Inserted by Presidential Decree No. 27326, Jul. 7, 2016; Presidential Decree No. 28211, Jul. 26, 2017> |
[Title of This Article Amended by Presidential Decree No. 27326, Jul. 7, 2016]
| Article 3 (Period of Relief) |
A period of relief referred to in Article 4 (3) of the Act shall be determined to be up to six months, taking into account the extent of damage to a disaster victim, his/her living conditions, etc.: Provided, That when a relief agency deems it necessary for such victim’s residential stability, the period of relief may be extended. <Amended by Presidential Decree No. 23822, Jun. 1, 2012>
| Article 3-2 (Vulnerable People) |
“The vulnerable people as prescribed by Presidential Decree, including pregnant women, people with severe disabilities, and the aged” referred to in Article 4-2 (1) 5 of the Act shall mean any of the following persons: | 4. | Persons, other than those prescribed in subparagraphs 1 through 3, who are recognized by a relief agency as needing the use of a temporary residential facility provided for in Article 4-2 (1) 5 of the Act due to physical diseases, etc. |
[This Article Newly Inserted by Presidential Decree No. 27326, Jul. 7, 2016]
| Article 3-3 (Types of Temporary Residential Facilities) |
| 3. | Centers for senior citizens; |
| 4. | Facilities established and operated by local governments, other than those prescribed in subparagraphs 1 through 3, which a relief agency deems necessary for the relief of objects of relief provided for in Article 3 of the Act. |
[This Article Newly Inserted by Presidential Decree No. 27326, Jul. 7, 2016]
| Article 4 (Matters to Be Included in Disaster Relief Plans) |
Matters to be included in a disaster relief plan pursuant to Article 5 (5) of the Act shall be as follows: <Amended by Presidential Decree No. 22564, Dec. 29, 2010; Presidential Decree No. 27326, Jul. 7, 2016> | 1. | Matters related to organization, human resources, and operation system necessary for relief provided for in Article 6 (1) of the Act; |
| 2. | Matters related to education and training for disaster relief; |
| 3. | Matters related to health care, including emergency relief, medical assistance, infectious disease control, sanitation guidance, etc.; |
| 4. | Matters related to procurement (including matters related to the prior designation of a procurement agency), transportation, stockpile and management (including matters related to support and distribution) of goods necessary for relief; |
| 5. | Matters related to support for psychological recovery; |
| 6. | Matters related to a system for cooperation with the military, the relevant agencies, and private relief organizations for disaster relief; |
| 7. | Other matters necessary for disaster relief. |
| Article 4-2 (Securing of Disaster Relief Supplies, Inspection of Management Status Thereof, etc.) |
| (1) | In accordance with Article 6 (2) of the Act, the Minister of the Interior and Safety shall verify and inspect the actual status of securing and managing resources including goods and equipment, organizations, and human resources necessary for relief (hereinafter referred to as “disaster relief supplies, etc.”) by the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor, Special Self-Governing Province Governor (hereinafter referred to as “Mayor/Do Governor”) and the head of a Si/Gun/Gu (hereinafter referred to as “Mayor/Do Governor, etc.”) at least once semiannually. <Amended by Presidential Decree No. 28211, Jul. 26, 2017> |
| (2) | Where the Minister of the Interior and Safety intends to examine and inspect disaster relief supplies, etc. referred to in Article 6 (2) of the Act (hereinafter referred to as “examination and inspection”), he/she shall notify the following matters to the Mayor/Do Governor, etc. by 15 days prior to the date such examination and inspection is to be conducted: Provided, That in cases of emergency or other unavoidable circumstances, the Minister of the Interior and Safety may provide such notification a day before the date of examination and inspection: <Amended by Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | The date of examination and inspection; |
| 2. | The objects subject to and the procedures for examination and inspection; |
| 3. | Other matters deemed necessary for examination and inspection by the Minister of the Interior and Safety. |
| (3) | The Minister of the Interior and Safety shall immediately notify the results of examination and inspection conducted pursuant to paragraph (1) to the Mayor/Do Governor, etc. to ensure necessary improvement and complementary measures be taken. <Amended by Presidential Decree No. 28211, Jul. 26, 2017> |
| (4) | Matters necessary for examination and inspection, other than those provided for in paragraphs (1) through (3), shall be prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 28211, Jul. 26, 2017> |
[This Article Newly Inserted by Presidential Decree No. 27326, Jul. 7, 2016]
| Article 5 (Scope of Compensation for Loss of Land or Buildings, etc.) |
| 1. | Compensation related to land: |
| (a) | Where harvest becomes impossible or decreases due to the use of the land, the amount corresponding to the loss; |
| (b) | Where no or only reduced income is generated from the land due to its use, the amount corresponding to the loss; |
| (c) | Where the land is destroyed, the amount corresponding to the expenses to be incurred in restoring it; |
| 2. | Compensation related to buildings: |
| (a) | Where no or only reduced income is generated from the building due to its use, the amount corresponding to the loss; |
| (b) | Where the building is destroyed, the amount corresponding to the expenses to be incurred in restoring it; |
| 3. | Compensation related to other goods used for disaster relief: |
| (a) | Where the use of the goods causes a decrease in their value or constraints on their use, the amount corresponding to the resulting loss; |
| (b) | Where the use of the goods results in their depletion, the amount corresponding to the price of the goods. |
| Article 6 (Application for, and Determination and Notification of, Compensation for Loss) |
| (1) | A person who intends to receive compensation for loss prescribed in Article 5 shall apply for compensation for loss to a relief agency defined in subparagraph 3 of Article 2 of the Act (hereinafter after referred to as “relief agency”) by submitting a document describing the following matters: |
| 1. | The date of occurrence and the causes and details of the loss; |
| 2. | The amount claimed for compensation, and its calculation basis; |
| 3. | Evidential materials (limited to where evidential materials are available). |
| (2) | A relief agency in receipt of an application provided for in paragraph (1) shall, without delay, conduct a fact-finding survey on matters for which the application is filed, and within one month from the date of the application receipt, it shall determine whether to pay compensation and notify its decision to the applicant in writing. |
| Article 7 (Compensation to Persons Engaged in Such Businesses as Medical Care, Prevention of Epidemics, Meal Services, or Handling of Goods) |
| 1. | Medical expenses pursuant to the standard for medical fees prescribed in the Medical Care Assistance Act shall be paid to medical institutions that have treated disaster victims, and additionally, allowances and travel expenses may be provided to medical personnel and support personnel within budgetary limits; |
| 2. | With respect to the activities conducted to prevent epidemics in a disaster-affected area, the meals provided to victims therein, and the other resources first used for disaster relief, the amount of money corresponding to their respective prices shall be paid; |
| 3. | The amount equivalent to transportation fees shall be paid to transportation business operators. |
| Article 7-2 (National Subsidies for Relief Expenses) |
Where a relief agency intends to receive subsidies for all or part of the expenses it bore for providing relief pursuant to Article 13 (2) of the Act, it shall prepare a disaster relief project plan prescribed by Ordinance of the Prime Minister and submit it to the Minister of the Interior and Safety. <Amended by Presidential Decree No. 28211, Jul. 26, 2017> [This Article Newly Inserted by Presidential Decree No. 27326, Jul. 7, 2016]
| Article 7-3 (Claim for Expenses for Relief to Persons to Whom Social Disasters Are Attributable) |
Where the State or a relief agency intends to claim the expenses for the relief for damage caused by a social disaster prescribed in subparagraph 1 (b) of Article 3 of the Framework Act on the Management of Disasters and Safety to a person to whom the relevant social disaster is attributable in accordance with Article 13 (3) of the Act, it shall require such person to pay the relevant expenses by a written notification which shall clearly describe the basis for the calculation of the claimed amount, the deadline for payment, etc. [This Article Newly Inserted by Presidential Decree No. 27326, Jul. 7, 2016]
| Article 8 (Purposes of Disaster Relief Fund) |
| (1) | The disaster relief fund prescribed in Article 14 (2) of the Act shall be used for the following purposes: <Amended by Presidential Decree No. 23713, Apr. 10, 2012; Presidential Decree No. 24608, Jun. 17, 2013; Presidential Decree No. 27326, Jul. 7, 2016; Presidential Decree No. 27572, Nov. 1, 2016> |
| 2. | Purchase of disaster relief supplies and the installation and operation of warehouses for storing them prescribed in Article 6 (1) of the Act; |
| 5. | Support for the nurturing of professional human resources for disaster relief prescribed in Article 16-3 of the Act; |
| 7. | Procurement and transportation of disaster relief supplies; |
| 8. | Provision of disaster relief education and training and meals to persons related to relief, including volunteers participating in disaster relief activities; |
| 9. | Payment of expenses incurred in conducting other projects that the Mayor/Do Governor deems particularly necessary for disaster relief. |
| (2) | Where the Mayor/Do Governor has used the disaster relief fund to pay disaster subsidies in advance under paragraph 1 (4), the State and local governments shall reimburse the relevant amount in compliance with the burden ratio of relief subsidies prescribed in attached Table 1 and Note 1 of attached Table 3 of the Regulations on the Standards, etc. for Payment of Expenses for Natural Disaster Relief and Recovery <Newly Inserted by Presidential Decree No. 24608, Jun. 17, 2013; Presidential Decree No. 27572, Nov. 1, 2016> |
| (3) | Where the Mayor/Do Governor uses the disaster relief fund under paragraph (1), he/she shall report the details of such use to the Minister of the Interior and Safety. <Amended by Presidential Decree No. 24608, Jun. 17, 2013; Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| Article 9 (Operation and Management of Disaster Relief Fund) |
| (1) | The Mayor/Do Governor shall open a separate account for the accumulation of disaster relief funds. |
| (2) | Matters necessary for the operation and management of the disaster relief fund, other than those provided for in this Decree, shall be prescribed by ordinance of the Special Metropolitan City, Metropolitan City, Do or Special Self-Governing Province (hereinafter referred to as “City/ Do”). |
| Article 9-2 (Specialized Institutions for Research and Development Programs of Disaster Relief Technology) |
“Specialized institution prescribed by Presidential Decree” referred to in Article 16-2 (2) of the Act shall mean any of the following institutions or organizations: <Amended by Presidential Decree No. 27506, Sep. 22, 2016> | 1. | National or public research institutions; |
| 5. | Non-profit corporations in the field of disaster relief technology established under the Civil Act or other laws; |
[This Article Newly Inserted by Presidential Decree No. 25694, Nov. 4, 2014]
| Article 9-3 (Contents of Education and Training by Institutions for Developing Professional Human Resources) |
An institution for developing professional human resources for disaster relief referred to in Article 16-3 (2) of the Act (hereinafter referred to as “institution for developing professional human resources”) shall conduct education and training on the following matters: <Amended by Presidential Decree No. 28211, Jul. 26, 2017> | 1. | Understanding of the procedures and systems for disaster relief; |
| 2. | Practical affairs related to relief activities, including the methods for using relief supplies and equipment, etc.; |
| 3. | Other matters deemed necessary for disaster relief and publicly announced by the Minister of the Interior and Safety. |
[This Article Newly Inserted by Presidential Decree No. 27326, Jul. 7, 2016]
| Article 9-4 (Criteria, etc. for Designation of Institutions for Developing Professional Human Resources) |
| (1) | The Minister of the Interior and Safety and the Mayor/Do Governor, etc., may designate an institution or organization that meets the following requirements, among the institutions or organizations specified in the subparagraphs of Article 16-3 (2) of the Act, as an institution for developing professional human resources:<Amended by Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | An institution or organization that conducts education and training in relation to disaster relief; |
| 2. | An institution or organization equipped with an exclusive organization and human resources capable of conducting the education and training prescribed in the subapragraphs of Article 9-3; |
| 3. | An institution or organization with a track record in performing business affairs or education and training in relation to disaster relief; |
| 4. | An institution or organization that satisfies the matters, other than those prescribed in subparagraphs 1 through 3, deemed necessary and publicly announced by the Minister of the Interior and Safety or the Mayor/Do Governor, etc. for the purpose of nurturing professional humans resources for disaster relief. |
| (2) | An institution or organization that wishes to be designated as an institution for developing professional human resources shall submit a written application for designation to the Minister of the Interior and Safety or the Mayor/Do Governor, etc. as prescribed by Ordinance of the Prime Minister. <Amended by Presidential Decree No. 28211, Jul. 26, 2017> |
| (3) | The Minister of the Interior and Safety or the Mayor/Do Governor, etc. in receipt of a written application for designation submitted under paragraph (2) shall designate the relevant institution or organization as an institution for developing professional human resources if he/she deems it appropriate to be designated as an institution for developing professional human resources, and issue a certificate of designation prescribed by Ordinance of the Prime Minister. In such cases, the Minister of the Interior and Safety or the Mayor/Do Governor, etc. shall notify such designation on the relevant website. <Amended by Presidential Decree No. 28211, Jul. 26, 2017> |
| (4) | Matters necessary for the detailed criteria, procedures, etc. for designating an institution for developing professional human resources, other than those provided for in paragraphs (1) through (3), shall be determined and publicly announced by the Minister of the Interior and Safety. <Amended by Presidential Decree No. 28211, Jul. 26, 2017> |
[This Article Newly Inserted by Presidential Decree No. 27326, Jul. 7, 2016]
| Article 9-5 (Implementation of Training for Disaster Relief) |
| (1) | In accordance with Article 16-5 of the Act, the Minister of the Interior and Safety or the Mayor/Do Governor, etc. may conduct training for disaster relief jointly with related agencies such as relief support agencies, etc. (hereinafter referred to as “training-participating agencies”) at least once semiannually. <Amended by Presidential Decree No. 28211, Jul. 26, 2017> |
| (2) | Where the Minister of the Interior and Safety or the Mayor/Do Governor, etc. intends to conduct training for disaster relief under paragraph (1), he/she shall notify the following matters to training-participating agencies by 15 days prior to the commencement date of such training: Provided, That in cases of emergency or any other extenuating circumstances, the notification may be made by three days prior to the commencement date of the training: <Amended by Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | The date and venue of the training; |
| 2. | The contents of and the methods for the training; |
| 3. | Human resources to participate and the equipment to be used in the training; |
| 4. | Other matters necessary for the disaster relief training. |
[This Article Newly Inserted by Presidential Decree No. 27326, Jul. 7, 2016]
| Article 10 (Application for Permission to Solicit for Subscriptions) |
Any person who intends to obtain permission to solicit for subscriptions, or permission for any revision thereof, under Article 17 (1) and (4) of the Act shall submit a written application for permission to solicit or revise subscriptions to the Minister of the Interior and Safety. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 27751, Dec. 30, 2016; Presidential Decree No. 28211, Jul. 26, 2017>
| Articles 11 through 15 Deleted. <by Presidential Decree No. 24319, Jan. 16, 2013> |
| Article 16 (Use of Operation Expenses, etc.) |
| (1) | The items of operation expenses of the Korea Disaster Relief Association (hereinafter referred to as the “Association”) that can be paid for using subscription money referred to in Article 26 (5) of the Act shall be as follows: <Amended by Presidential Decree No. 25694, Nov. 4, 2014> |
| 1. | Personnel expenses of the Association; |
| 2. | Expenses for operating and managing warehouses for storing disaster relief supplies; |
| 3. | Expenses for communications, printing/bookbinding, and promotion, and taxes; |
| 4. | Expenses for meetings, seminars, investigations, research, and education and training; |
| 5. | Expenses for operating relief vehicles, including laundry vehicles; |
| 6. | Other operation expenses of the Association corresponding to subparagraphs 1 through 5. |
| (2) | Where the head of the Association uses subscription money to pay for operation expenses prescribed in paragraph (1), he/she shall keep the evidential documents thereof for five years. <Amended by Presidential Decree No. 25694, Nov. 4, 2014> |
[Title of This Article Amended by Presidential Decree No. 25694, Nov. 4, 2014]
| Article 17 (Appropriation of Solicitation Expenditure) |
The ratio at which solicitation expenditure can be supplied from the subscription money solicited pursuant to Article 27 of the Act shall be as described in attached Table 2.
| Article 18 (Furnishing of Ledgers and Documents and Duty of Disclosure) |
| (1) | In accordance with Article 28 (1) of the Act, a solicitor defined in subparagraph 7 of Article 2 of the Act (hereinafter referred to as “solicitor”) or a solicitation worker defined in subparagraph 8 of Article 2 of the Act (hereinafter referred to as “solicitation worker”) shall prepare and furnish documents showing the solicitation status and details of subscriptions in addition to the copies of receipts issued under the main body of Article 19 (2) of the Act. |
| (2) | Where a solicitor or solicitation worker appropriates subscription money to pay for solicitation expenditure under Article 17, he/she shall keep the relevant receipts and other evidential documents, and prepare and furnish the detailed statement of solicitation expenditure. |
| (3) | Where a solicitor or the distribution committee provided for in Article 25 (1) of the Act (hereinafter referred to as “distribution committee”) intends to disclose the results of the suspension or completion of solicitation or the completion of distribution pursuant to Article 28 (2) of the Act, the solicitor or the distribution committee shall notify the following matters to the Minister of the Interior and Safety without delay, and post the same on his/her or its website for at least 14 days so as to allow the public access to such information: <Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | Matters to be disclosed when a solicitor suspends or completes solicitation: |
| (a) | The name or title of a solicitor; |
| (b) | The date of a permit for solicitation, and the permit number; |
| 2. | Matters to be disclosed when the distribution committee completes the distribution of subscription money: |
| Article 19 (Period for Submission of Reports on Status of and Details on Solicitation of Subscriptions and Distribution Thereof, and Matters Subject to Reporting) |
| (1) | In accordance with Article 28 (3) of the Act, a solicitor shall submit a report on the status of, and details on, the solicitation of subscriptions as well as details on the distribution thereof to the Minister of the Interior and Safety within 60 days from the date the solicitation of subscriptions is completed. <Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (2) | A report on the status of and details on the solicitation of subscriptions as well as details on the distribution thereof prescribed in paragraph (1) shall include the following matters: |
| 1. | The name or title of a solicitor; |
| (3) | In accordance with Article 28 (3) of the Act, the distribution committee shall submit a report on details of the distribution of subscription money to the Minister of the Interior and Safety within 60 days from the date the distribution is completed. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (4) | A report on details of the distribution of subscription money referred to in paragraph (3) shall include the following matters: |
| (5) | The “amount prescribed by Presidential Decree” referred to in the proviso to Article 28 (3) of the Act shall mean 100 million won. |
| (6) | Where a solicitor omits to attach an audit report pursuant to paragraph (5), he/she shall attach receipts related to the use of subscription money as solicitation expenditure and other evidential documents thereof in lieu of an audit report. |
| Article 20 (Notification of Solicitation Permission, etc.) |
Where the Minister of the Interior and Safety grants permission to solicit for subscriptions under Article 17 (1) of the Act or revokes his/her permission under Article 23 of the Act, he/she shall publicly announce such fact in an official gazette without delay. <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017>
| Article 21 (Projects of Association) |
“Other projects prescribed by Presidential Decree” referred to in Article 31 (1) 6 of the Act shall mean the following: <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> | 1. | Education and training related to disaster relief; |
| 2. | Installation and operation of warehouses for storing disaster relief supplies; |
| 3. | Cooperative projects with other disaster relief agencies or organizations; |
| 4. | Other projects that the Minister of the Interior and Safety deems particularly necessary for disaster relief. |
| Article 22 (Management of Disaster Relief Supplies, etc.) |
| (1) | The head of the Association shall manage warehouses for storing disaster relief supplies by designating a manager for each warehouse, and take measures for preventing decomposition or deterioration of supplies being stored for a long term. |
| (2) | The head of the Association may be entrusted with disaster relief supplies from a relief agency, and store them in warehouses for storing disaster relief supplies. In such cases, the expenses incurred in storing disaster relief supplies shall be borne by the relief agency. <Amended by Presidential Decree No. 25694, Nov. 4, 2014> |
| Article 23 (Methods, Standards, etc. for Entrustment of Duties) |
Where a relief agency entrusts its duties to a relief support agency under Article 33 of the Act, it shall conclude an agreement, covering the following matters: | 1. | The details and scope of duties to be entrusted; |
| 2. | The period of entrustment; |
| 3. | Report on the performance of entrusted duties; |
| 4. | Matters related to the measures to be taken in cases of the revision, cancellation, or breach of the agreement; |
| 5. | Other matters necessary for performing entrusted duties. |
| Article 23-2 (Management of Personally Identifiable Information) |
| (2) | Where it is essential for conducting the following duties, the Minister of the Interior and Safety may manage data containing resident registration numbers, passport numbers, driver’s license numbers, or alien registration numbers prescribed in Article 19 of the Enforcement Decree of the Personal Information Protection Act: <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | Duties related to the inspection, etc. in relation to solicitors and solicitation workers prescribed in Article 22 of the Act; |
| 2. | Duties related to the revocation, etc. of permission to solicit subscriptions prescribed in Article 23 of the Act. |
| (3) | Where it is essential for a solicitor and the distribution committee to conduct the following duties (in the case of the distribution committee, the duties falling under subparagraph 1 shall be excluded), he/she or it may manage data containing resident registration numbers, passport numbers, driver’s license numbers, or alien registration numbers prescribed in Article 19 of the Enforcement Decree of the Personal Information Protection Act: |
| 1. | Duties related to the acceptance of subscriptions and the issuance of receipts prescribed in Article 19 of the Act; |
| 3. | Duties related to the disclosure of the status, etc. of solicitation of subscriptions, audit, etc. provided for in Article 28 of the Act. |
[This Article Newly Inserted by Presidential Decree No. 23822, Jun. 1, 2012]
| Article 23-3 (Re-examination of Regulation) |
The Minister of the Interior and Safety shall examine the appropriateness of the following matters every three years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements: <Amended by Presidential Decree No. 25753, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017>
| 1. | Matters related to applying for permission to solicit subscriptions prescribed in Article 10: January 1, 2014; |
| 2. | Matters related to the ratio of solicitation expenditure prescribed in Article 17 and attached Table 2: January 1, 2015; |
| 3. | Matters related to furnishing of ledgers and documents and the obligation of disclosure prescribed in Article 18: January 1, 2015. |
[This Article Newly Inserted by Presidential Decree No. 25694, Nov. 4, 2014]
| Article 24 (Standards for Imposition of Administrative Fines) |
The standards for imposing administrative fines referred to in Article 36 (2) of the Act shall be as described in attached Table 3. [This Article Wholly Amended by Presidential Decree No. 22725, Mar. 29, 2011]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on September 30, 2007.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
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. 22564, Dec. 29, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 30, 2010. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 22725, Mar. 29, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Administrative Fines)
| (1) | Notwithstanding the amended provisions of attached Table 3, the former provisions shall apply to the standards for imposing administrative fines regarding violations committed before this Decree enters into force. |
| (2) | The dispositions of imposition of administrative fines taken for violations committed before this Decree enters into force shall not be included in the calculation of the number of violations pursuant to the amended provisions of attached Table 3. |
ADDENDA <Presidential Decree No. 23713, Apr. 10, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 23822, Jun. 1, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 24319, Jan. 16, 2013>
This Decree shall enter into force on January 23, 2013.
ADDENDA <Presidential Decree No. 24417, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 24608, Jun. 17, 2013>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 25694, Nov. 4, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 15, 2014.
Article 2 (Applicability to Retention of Evidential Documents of Use of Operation Expenses)
The amended provisions of Article 16 (2) shall start to apply from the fiscal year 2015.
ADDENDA <Presidential Decree No. 25753, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amendments to any Presidential Decree which are promulgated before this Decree enters into force and are to be made pursuant to Article 7 of the Addenda, the date on which it enters into force has yet to arrive shall enter into force on the date such Presidential Decree enters into force.
Articles 2 through 7 Omitted.
ADDENDUM <Presidential Decree No. 27326, Jul. 7, 2016>
This Decree shall enter into force on July 8, 2016.
ADDENDA <Presidential Decree No. 27506, Sep. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 23, 2016.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 27572, Nov. 1, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 28074, May 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 30, 2017. (Proviso Omitted.)
Articles 2 through 4 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 Decrees that were already promulgated before this Decree enters into force but have yet to enter into force, among the Decrees amended pursuant to Article 8 of the Addenda, shall enter into force on the date the respective Decree enters into force.
Articles 2 through 8 Omitted.