ACT ON THE PREPARATION FOR EARTHQUAKES AND VOLCANIC ERUPTIONS
Act No. 13442, Jul. 24, 2015
Amended by Act No. 13879, Jan. 27, 2016
Act No. 14113, Mar. 29, 2016
Act No. 14532, Jan. 17, 2017
Act No. 14754, Mar. 21, 2017
Act No. 14839, Jul. 26, 2017
Act No. 14920, Oct. 24, 2017
Act No. 14912, Oct. 24, 2017
Act No. 15297, Dec. 26, 2017
Act No. 15460, Mar. 13, 2018
Act No. 15529, Mar. 27, 2018
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prescribe matters necessary to observe, prevent, and prepare for and cope with earthquakes, tsunami, and volcanic eruptions, ensure earthquake preparedness, and promote research and technical development and similar measures to mitigate disasters from earthquakes and volcanic eruptions, thereby protecting the life and property of the people and major infrastructure from earthquakes, tsunami, and volcanic eruptions. <Amended by Act No. 13442, Jul. 24, 2015>
The definitions of the terms used in this Act shall be as follows: <Amended by Act No. 13442, Jul. 24, 2015>
| 2. | The term "volcano disasters" means direct damage by volcanic ash, pyroclastic flow, volcanic mud flow, volcanic gas, lava, volcanic earthquake and flood, etc., which is caused by volcanic activity defined in subparagraph 1 (a) of Article 3 of the Framework Act on the Management of Disasters and Safety, and fire, explosion, and disasters caused by other phenomena; |
| 3. | The term "prevention of earthquake disasters" means preventing earthquake disasters and taking measures to reduce damage when earthquake disasters have occurred; |
| 4. | The term "prevention of volcano disasters" means preventing volcano disasters and taking measures to reduce damage when volcano disasters have occurred; |
| 5. | The term "earthquake risk" means the degree of risk of earthquakes calculated by collectively analyzing the past record of earthquakes, geology, and characteristics of the ground or such, in order to establish earthquake zones which are the base of seismic design; |
| 6. | The term "measurement of seismic acceleration" means acts that a person who builds various structures or installs equipment or such (hereinafter referred to as "facilities") or manages them detects, by utilizing seismic accelerometer, moving characteristics (hereinafter referred to as "motion characteristics of earthquakes") of facilities in response to outside force due to earthquakes; |
| 7. | The term "seismic retrofitting" means all acts improving the endurable performance of all facilities from earthquakes. |
| Article 3 (Responsibility of the State and Agencies in Charge of Emergency Management) |
| (1) | The State and local governments shall take responsibility for formulating and implementing a plan for observation of, prevention of, provision against, and action against earthquakes, tsunami, and volcanic activity, earthquake preparedness, and research and technical development, etc., to reduce earthquake disasters and volcano disasters (hereinafter referred to as “earthquake and volcano disaster”) in order to protect the life and property of the people and major infrastructure from earthquake and volcano disasters in accordance with the purposes of the Framework Act on the Management of Disasters and Safety and this Act, and shall provide financial and technical support for the performance thereof. <Amended by Act No. 12001, Aug. 6, 2013; Act No. 13442, Jul. 24, 2015> |
| (2) | The State and local governments shall endeavor to globally cooperate to prevent and reduce the damage of earthquake and volcano disasters, share technology and information relevant to earthquake and volcano disasters, and strengthen cooperation with international organizations and relevant states, including joint investigation and research and development, and shall provide necessary support therefor. <Newly Inserted by Act No. 13442, Jul. 24, 2015> |
| (3) | The head of each agency in charge of emergency management defined in subparagraph 5 of Article 3 of the Framework Act on the Management of Disasters and Safety (hereinafter referred to as "agency in charge of emergency management") shall take necessary measures for matters under his/her jurisdiction, among the following affairs, to reduce earthquake and volcano disasters: <Amended by Act No. 13442, Jul. 24, 2015> |
| 1. | Prevention of and provision against earthquake and volcano disasters: |
| (a) | Taking measures for reducing earthquake and volcano disasters; |
| (b) | Formulating and performing an emergency plan for facilities under his/her jurisdiction; |
| (c) | Producing and utilizing coastal flooding forecast maps, flood trace maps, etc. of coastal regions due to tsunami; |
| (d) | Providing education, training, and publicity of the prevention of earthquake and volcano disasters; |
| 2. | Earthquake preparedness: |
| (a) | Establishing the State seismic performance objectives and the objectives of tolerable damage by facility; |
| (b) | Establishing criteria for seismic classification and producing and utilizing maps indicating earthquake risk (hereinafter referred to as "seismic hazard maps"); |
| (c) | Establishing and operating seismic design standards and confirming the actual result of the application thereof; |
| (d) | Evaluating seismic performance of the existing facilities and formulating measures for retrofitting; |
| (e) | Formulating earthquake preparedness measures for public facilities, low-rise buildings, etc.; |
| 3. | Observation, analysis, reporting, spread of warning, and action against earthquakes, tsunami, and volcanic activity: |
| (a) | Building and managing observation facilities and equipment of earthquakes, tsunami, and volcanic activity; |
| (b) | Observation and reporting of earthquakes, tsunami, and volcanic activity; |
| (c) | Constructing the system for action against earthquake and volcano disasters and emergency support; |
| (d) | Preparing and utilizing the outline for coping with earthquakes, tsunami, and volcanic activity; |
| (e) | Research and technical development for reducing earthquake and volcano disasters; |
| (f) | Conducting investigation and analysis of causes of earthquake and volcano disasters and risk assessment of damaged facilities; |
| 4. | Other matters deemed necessary by the head of an agency in charge of emergency management. |
| (4) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, and a Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor"), the head of a Si (including the head of an administrative Si under Article 11 (1) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply), and the head of a Gun/Gu (the head of a Gu menas the head of an autonomous Gu; hereinafter the same shall apply) shall determine the specific outlines for coping with emergencies in consideration of earthquake and volcano disasters and regional characteristics, and utilize it positively as materials for education of and public relations with residents and relevant public officials. <Amended by Act No. 11994, Aug. 6, 2013; Act No. 13442, Jul. 24, 2015; Act No. 14754, Mar. 21, 2017> |
| Article 4 (Relationship with Other Acts) |
CHAPTER II OBSERVATION OF SEISMIC, TSUNAMI, AND VOLCANIC ACTIVITY
| Article 5 (Installment of Facilities for Observing Seismic, Tsunami, or Volcanic Activity) |
| (1) | The Administrator of the Korea Meteorological Administration shall formulate and promote a comprehensive plan for earthquake, tsunami, and volcanic activity observation network: Provided, That with respect to a comprehensive plan for tsunami observation network, he/she shall formulate and promote it jointly with the Minister of Oceans and Fisheries. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13442, Jul. 24, 2015> |
| (2) | If the head of any of the following agencies (hereinafter referred to as "observation agency") intends to install facilities and equipment for observing earthquakes, tsunami, or volcanic activity, he/she shall formulate a plan for the observation of seismic, tsunami, or volcanic activity. In such cases, the head of an agency, excluding the Administrator of the Korea Meteorological Administration, shall consult in advance with the Administrator of the Korea Meteorological Administration: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13442, Jul. 24, 2015> |
| 1. | The Korea Meteorological Administration; |
| 3. | The Korea Institute of Nuclear Safety established under the Korea Institute of Nuclear Safety Act; |
| 4. | An agency which engages in research related to electric power under the control of the Korea Electric Power Corporation established under the Korea Electric Power Corporation Act; |
| 5. | An agency which engages in investigation and research related to the sea under the control of the Ministry of Oceans and Fisheries; |
| 6. | Other agencies prescribed by Presidential Decree as agencies and organizations, etc. conducting earthquakes, tsunami, or volcanic activity observation by installing facilities and equipment for observing earthquakes, tsunami, or volcanic activity. |
| (3) | The following matters shall be included in a plan for the observation of seismic, tsunami, or volcanic activity referred to in paragraph (2): <Amended by Act No. 13442, Jul. 24, 2015> |
| 1. | The purpose of seismic, tsunami, or volcanic observation and reasons for installation of observation equipment; |
| 2. | Location of installation, performance, and specifications of seismic, tsunami, or volcanic observation equipment; |
| 3. | Methods of acquiring, transmitting, and storing seismic, tsunami, or volcanic observation data; |
| 4. | A plan for utilization of the results of seismic, tsunami, or volcanic observation. |
| (4) | Standards for installing facilities and equipment for observing seismic, tsunami, or volcanic activity under paragraph (2) shall be prescribed by Presidential Decree. <Amended by Act No. 13442, Jul. 24, 2015> |
| Article 6 (Measurement of Seismic Acceleration of Major Facilities) |
| (1) | Each person who builds or manages major facilities apprehended to be damaged by earthquakes shall measure seismic acceleration of such facilities. |
| (2) | Standards for facilities, scale, etc. subject to measurement of seismic acceleration referred to in paragraph (1) shall be prescribed by Presidential Decree among facilities, the standards for seismic design of which are determined under Article 14. |
| (3) | Any person who measures seismic acceleration under paragraph (1) shall submit the data of measurement, including the following matters, to the Minister of the Interior and Safety. In such cases, standards for time, method, etc. of the presentation of data shall be prescribed by Ordinance of the Ministry of the Interior and Safety: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| 1. | The date and time of the acquisition of data; |
| 2. | A manufacturing company, serial number, and location of seismic acceleration measuring equipment by which the data of measurement have been acquired; |
| 3. | Extraordinary matters at the time of the acquisition of data; |
| 4. | Information on ground conditions; |
| 5. | Information on the location of measurement; |
| 6. | Information on facilities, etc. |
| (4) | Where a relevant central administrative agency requires data submitted pursuant to paragraph (3), the Minister of the Interior and Safety shall provide such agency with the data. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| Article 7 (Measurement of Seismic Acceleration and Management Thereof) |
| (1) | Each person who measures seismic acceleration pursuant to Article 6 (1) shall manage a seismic acceleration measuring instrument to function normally at all times. |
| (2) | The Minister of the Interior and Safety shall annually conduct a regular inspection on compliance of a person who has to manage a seismic acceleration measuring instrument pursuant to paragraph (1). <Newly Inserted by Act No. 15529, Mar. 27, 2018> |
| (3) | Standards for the measurement of seismic acceleration and management thereof, etc. under paragraph (1) and matters necessary for regular inspection under paragraph (2) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017; Act No. 15529, Mar. 27, 2018> |
| Article 8 (Reporting on Observation Results, etc. of Seismic, Tsunami, and Volcanic Activity) |
| (1) | The Administrator of the Korea Meteorological Administration shall report the forecast and results of observation of seismic, tsunami, or volcanic activity (hereinafter referred to as “observation result, etc.”) both in Korea and abroad to the Minister of the Interior and Safety. <Amended by Act No. 11994, Aug. 6, 2013; Act No. 13442, Jul. 24, 2015; Act No. 14754, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017> |
| (2) | Deleted. <by Act No. 13442, Jul. 24, 2015> |
| (3) | Matters necessary for reporting on the observation results, etc. shall be prescribed by Presidential Decree. <Amended by Act No. 13442, Jul. 24, 2015> |
| Article 9 (Organization of Council of Agencies for Observing Seismic, Tsunami, and Volcanic Activity) |
| (1) | The Administrator of the Korea Meteorological Administration may establish a council of agencies for observing seismic, tsunami, and volcanic activity (hereinafter referred to as “council of observation agencies”) in which observation agencies participate for the operation of observation networks of seismic, tsunami, and volcanic activity, intensification of collaboration among observation agencies, installation of facilities and equipment for observing seismic, tsunami, and volcanic activity under Article 5, business cooperation necessary for sharing, and reporting on the observation results, etc. <Amended by Act No. 13442, Jul. 24, 2015> |
| (2) | Matters necessary for the organization, function, and operation of a council of observation agencies shall be prescribed by Presidential Decree. <Amended by Act No. 13442, Jul. 24, 2015> |
| (3) | When the Administrator of the Korea Meteorological Administration establishes a council of observation agencies, he/she shall report the details thereof to the Minister of the Interior and Safety. <Amended by Act No. 11994, Aug. 6, 2013; Act No. 13442, Jul. 24, 2015; Act No. 14754, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017> |
CHAPTER III PREVENTION AND PROVISION
| Article 9-2 (Formulation and Implementation of Comprehensive Plans for Preventing Earthquake Disasters) |
| (1) | In order to protect the life and property of the people and the major infrastructure from earthquake disasters and to continuously develop the affairs of preventing earthquake disasters, the Minister of the Interior and Safety shall formulate a comprehensive plan on a five-year basis to prevent earthquake disasters, including the following matters (hereinafter referred to as “comprehensive plan”) and shall report to the Central Safety Management Committee under Article 9 of the Framework Act on the Management of Disasters and Safety: <Amended by Act No. 14754, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017> |
| 1. | Matters concerning basic direction-setting for policies for preventing earthquake disasters; |
| 2. | Matters concerning systematic development of the affairs of preventing earthquake disasters; |
| 3. | Matters concerning promotion of research and development to prevent earthquake disasters; |
| 4. | Matters concerning cooperation between domestic and overseas authorities relevant to the affairs of preventing earthquake disasters; |
| 5. | Other matters that the Minister of the Interior and Safety deems necessary for policies for preventing earthquake disasters. |
| (2) | Where the Minister of the Interior and Safety intends to formulate a comprehensive plan, he/she shall consult in advance with the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor, and the head of a Si/Gun/Gu (hereinafter referred to as the “Mayor/Do Governor, etc.”), and the heads of relevant central administrative agencies; and where the comprehensive plan is formulated, he/she shall, without delay, notify it to the heads of relevant central administrative agencies and the Mayor/Do Governor, etc. <Amended by Act No. 14754, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017> |
| (3) | Where the Minister of the Interior and Safety deems necessary to formulate a comprehensive plan, he/she may request the head of a relevant central administrative agency and the Mayor/Do Governor, etc. to submit relevant data. In such cases, the head of the relevant central administrative agency and the Mayor/Do Governor, etc. upon receipt of such request shall comply therewith, unless there is a compelling reason not to do so. <Amended by Act No. 14754, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017> |
| (4) | The head of the relevant central administrative agency and the Mayor/Do Governor, etc. shall formulate and promote necessary implementation plans pursuant to the comprehensive plan, and report or notify the status of promotion and implementation thereof to the Minister of the Interior and Safety. <Amended by Act No. 14754, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017> |
| (5) | Other matters necessary for the formulation, promotion, etc. of comprehensive plans and implementation plans shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 12001, Aug. 6, 2013]
| Article 9-3 (Earthquake and Volcano Disasters Prevention Policy Committee and Expert Committees) |
| (1) | To review the following matters concerning policies for preventing earthquake and volcano disasters, a committee for earthquake and volcano disasters prevention policies (hereafter in this Article referred to as the “Committee”) shall be established under the control of the Minister of the Interior and Safety: <Amended by Act No. 13442, Jul. 24, 2015; Act No. 14754, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017; Act No. 14920, Oct. 24, 2017> |
| 2. | Matters to be commonly applied to the State seismic performance objectives and the standards for seismic design prescribed in Article 14 (4); |
| 3. | Master plans for seismic retrofitting of existing facilities prescribed in Article 15; |
| 4. | Other matters prescribed by Presidential Decree, relevant to policies for preventing earthquake and volcano disasters. |
| (2) | Deleted. <by Act No. 14754, Mar. 21, 2017> |
| (3) | The Committee shall be comprised of not exceeding 20 members prescribed by Presidential Decree, including one chairperson and one deputy chairperson. <Amended by Act No. 13442, Jul. 24, 2015; Act No. 14920, Oct. 24, 2017> |
| (4) | In order to perform the duties of the Committee efficiently, expert committees for each field that are comprised of members of the Committee and external experts, may be established. <Newly Inserted by Act No. 14920, Oct. 24, 2017> |
| (5) | Other matters necessary for the composition, operation, etc. of the Committee and expert committees shall be prescribed by Presidential Decree. <Amended by Act No. 14920, Oct. 24, 2017> |
[This Article Newly Inserted by Act No. 12001, Aug. 6, 2013]
| Article 10 (Production and Utilization of Coastal Flooding Forecast Maps) |
| (1) | The Minister of the Interior and Safety and the Mayor/Do Governor, etc. shall produce and utilize flooding forecast maps (hereinafter referred to as "coastal flooding forecast maps") which forecast the range of flooding of coastal regions due to tsunami, for reducing earthquake disasters and promptly evacuating residents. <Amended by Act No. 11994, Aug. 6, 2013; Act No. 14754, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017> |
| (2) | In order to produce coastal flooding forecast maps, the Minister of the Interior and Safety and the Mayor/Do Governor, etc. may request agencies producing and managing land topographical maps, marine charts, etc. to provide related maps, etc. In such cases, agencies so requested shall provide such related maps, etc., unless there is a compelling reason not to do so. |
| (3) | Where a coastal region suffers flood damage due to tsunami, the Mayor/Do Governor, etc. shall investigate such traces of damage (hereinafter referred to as "flood traces"), prepare and keep flood trace maps, and indicate and manage flood traces on the actual spots. <Amended by Act No. 11994, Aug. 6, 2013; Act No. 14754, Mar. 21, 2017> |
| (4) | The head of the relevant administrative agency shall utilize coastal flooding forecast maps under paragraph (1) and flood trace maps under paragraph (3) for consultations on disaster impact assessment, etc. under Article 4 of the Countermeasures against Natural Disasters Act, designation of areas to be improved for dealing with natural disaster risks under Article 12 of the same Act, formulation of a rearrangement plan for areas to be improved for dealing with natural disaster risks under Article 13 of the same Act, formulation of a rearrangement project plan for areas to be improved for dealing with natural disaster risks under Article 14 of the same Act, and formulation of a comprehensive plan for natural disaster reduction under Article 16 of the same Act. <Amended by Act No. 11495, Oct. 12, 2012; Act No. 14912, Oct. 24, 2017> |
| (5) | Other detailed matters concerning the preparation, keeping, and utilization of coastal flooding forecast maps under paragraph (1) and of flood trace maps under paragraph (3), the location of installation, method of indication, and maintenance and management of flood traces, etc. shall be prescribed by Presidential Decree. |
| Article 10-2 (Formulation of Resident Evacuation Plans against Tsunami) |
| (1) | In order to minimize loss of human lives caused by tsunami, the Mayor/Do Governor, etc. shall formulate and implement a resident evacuation plan against tsunami (hereinafter referred to as “resident evacuation plan against tsunami”), including designating resident evacuation areas and maintaining evacuation shelters and routes. <Amended by Act No. 14754, Mar. 21, 2017> |
| (2) | Where a resident evacuation plan against tsunami is formulated, the Mayor/Do Governor, etc. shall submit it to the Minister of the Interior and Safety. <Amended by Act No. 14754, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017> |
| (3) | Where the Minister of the Interior and Safety deems necessary to supplement a certain part of the resident evacuation plan against tsunami submitted pursuant to paragraph (2), he/she may request the supplementation of such evacuation plan. In such cases, the Mayor/Do Governor, etc. upon receipt of such request shall comply therewith, unless there is a compelling reason not to do so. <Amended by Act No. 14754, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017> |
| (4) | To efficiently implement a resident evacuation plan against tsunami, the Minister of the Interior and Safety may take necessary administrative or financial measures, such as distributing guidelines for drafting evacuation plans and evaluating, examining, rewarding, etc. relevant facilities and readiness against tsunami. <Amended by Act No. 14754, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017> |
| (5) | Other matters necessary for efficiently implementing resident evacuation plans against tsunami shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 12001, Aug. 6, 2013]
| Article 11 (Education, Training, and Publicity of Prevention of Earthquake and Volcano Disasters) |
| (1) | The head of each central administrative agency and the Mayor/Do Governor, etc. shall have educational institutions under their control provide education of the prevention of earthquake and volcano disasters on the guidelines for necessary action at home and work in order to protect the life and property of an individual and protect facilities and equipment at his/her work from earthquake and volcano disasters. <Amended by Act No. 11994, Aug. 6, 2013; Act No. 13442, Jul. 24, 2015; Act No. 14754, Mar. 21, 2017> |
| (2) | The Minister of the Interior and Safety and the Mayor/Do Governor, etc. may establish a place of education for experiencing earthquake and volcanic activity, and for providing education and training on the guidelines for necessary action, etc. in the event of an earthquake and volcanic activity, hold a relevant event for technical development in the prevention of earthquake and volcano disasters, or provide administrative or financial support necessary to hold the relevant event. <Amended by Act Nos. 11994 & 12001, Aug. 6, 2013; Act No. 13442, Jul. 24, 2015; Act No. 14754, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017> |
| (3) | The Mayor/Do Governor, etc. shall provide education and publicity of the prevention of earthquake and volcano disasters for residents of a district under their jurisdiction. <Amended by Act No. 11994, Aug. 6, 2013; Act No. 13442, Jul. 24, 2015; Act No. 14754, Mar. 21, 2017> |
| (4) | The head of each agency in charge of emergency management shall educate persons engaging in affairs related to earthquake and volcano disasters about the prevention of earthquake and volcano disasters. <Amended by Act No. 13442, Jul. 24, 2015> |
| Article 11-2 (Comprehensive Measures for Reducing Damage from Volcanic Ash) |
| (1) | In preparation for the occurrence of damage caused by volcanic ash, the head of each agency in charge of emergency management shall formulate the following measures for matters under his/her jurisdiction to reduce damage from volcanic ash, and shall take measures necessary for the implementation thereof: |
| 1. | Measures for transportation, such as aviation, railroad, and road; |
| 2. | Measures for collecting and handling volcanic ash; |
| 3. | Measures for preventing water pollution of water supply source and river; |
| 4. | Measures for reducing damage from volcanic ash in electricity and communication facilities; |
| 5. | Measures for reducing damage from volcanic ash in agricultural, livestock, and fishery products and the relevant facilities; |
| 6. | Other matters prescribed by Presidential Decree for reducing damage from volcanic ash. |
| (2) | When necessary for the promotion of policies to reduce damage from volcanic ash for matters under his/her jurisdiction, the head of an agency in charge of emergency management may request cooperation from the heads of other agencies in charge of emergency management. In such cases, the heads of such other agencies in charge of emergency management in receipt of a request for cooperation shall comply therewith, unless there is a compelling reason not to do so. |
| (3) | When the head of an agency in charge of emergency management formulates or modifies measures for matters under his/her jurisdiction to reduce damage from volcanic ash, he/she shall submit such measures to the Minister of the Interior and Safety. <Amended by Act No. 14754, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017> |
| (4) | When necessary, the Minister of the Interior and Safety may request the head of the relevant agency in charge of emergency management to complement the measures to reduce damage from volcanic ash submitted pursuant to paragraph (3). <Amended by Act No. 14754, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017> |
| (5) | The Minister of the Interior and Safety may formulate comprehensive measures to reduce damage from volcanic ash by gathering measures to reduce damage from volcanic ash submitted by the heads of agencies in charge of emergency management. <Amended by Act No. 14754, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017> |
| (6) | The Minister of the Interior and Safety may determine the standards for managing volcanic ash by area, such as environment and industry, in consultation with the heads of the relevant central administrative agencies to utilize them in the comprehensive measures to reduce damages from volcanic ash, etc. <Amended by Act No. 14754, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017> |
[This Article Newly Inserted by Act No. 13442, Jul. 24, 2015]
CHAPTER IV EARTHQUAKE PREPAREDNESS
| Article 12 (Production and Utilization of National Seismic Hazard Maps) |
| (1) | The Minister of the Interior and Safety may produce and publish seismic hazard maps (hereinafter referred to as "national seismic hazard maps") which designate nationwide seismic areas in order to utilize them in seismic design, etc. <Amended by Act No. 11994, Aug. 6, 2013; Act No. 14754, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017> |
| (2) | The Minister of the Interior and Safety shall examine the appropriateness of national seismic hazard maps every five years from the date they are published and may modify them, if necessary. <Amended by Act No. 11994, Aug. 6, 2013; Act No. 14754, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017> |
| (3) | If the Minister of the Interior and Safety intends to produce or modify a national earthquake risk map under paragraphs (1) and (2), he/she shall consult with the head of the relevant central administrative agency. Where a national earthquake risk map is produced or modified, such fact shall be notified to the head of the relevant central administrative agency. |
| (4) | The head of the relevant central administrative agency shall utilize national seismic hazard maps under paragraph (1) for the reduction of earthquake disasters, such as seismic design. |
| (5) | The Mayor/Do Governor, etc. may produce and utilize regional seismic hazard maps on a district under their jurisdiction. <Amended by Act No. 11994, Aug. 6, 2013; Act No. 14754, Mar. 21, 2017> |
| Article 13 (Accumulation and Management of Geological and Ground Survey Data) |
| (1) | The Minister of the Interior and Safety may integrate and manage geological and ground survey data (including drilling surveys and physical investigation, geological surveying of the surface of the earth, excavation surveying of the foundation, etc.) in order to utilize them in preparation of seismic hazard maps prescribed in Article 12 and construction of a system to cope with earthquake and volcano disasters prescribed in Article 18. <Amended by Act No. 11994, Aug. 6, 2013; Act No. 13442, Jul. 24, 2015; Act No. 14754, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017> |
| (2) | Geological and ground data surveyed in connection with investigation, research, formulation of various plans, implementation of projects, etc. promoted by the head of each agency in charge of emergency management shall be submitted to agencies designated by the Minister of the Interior and Safety, and the following matters shall be included therein: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| 1. | The location, purpose, and date of geological and ground survey; |
| 2. | An investigator and the method of survey; |
| 3. | Geological and ground survey data; |
| 4. | Other matters determined and publicly notified by the Minister of the Interior and Safety. |
| (3) | An agency designated by the Minister of the Interior and Safety under paragraph (2) shall manage geological and ground survey data conscientiously, and where the relevant central administrative agency or relevant research institutions, organizations, schools, etc. request the relevant data, it shall provide them with such data, unless there is a compelling reason not to do so. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| Article 14 (Establishment of Standards of Seismic Design) |
| (1) | The head of the relevant central administrative agency shall determine the standards for seismic design by the relevant statutes, etc. for facilities prescribed by Presidential Decree among the following facilities apprehended to suffer from a disaster in the event of an earthquake, and shall take necessary measures for the implementation thereof: <Amended by Act No. 9636, Apr. 22, 2009; Act No. 10754, May 30, 2011; Act No. 10911, Jul. 25, 2011; Act No. 12001, Aug. 6, 2013; Act No. 13879, Jan. 27, 2016; Act No. 14113, Mar. 29, 2016; Act No. 14532, Jan. 17, 2017; Act No. 15297, Dec. 26, 2017; Act No. 15460, Mar. 13, 2018> |
| 4. | Sluice gates of national rivers prescribed by the River Act; |
| 8. | Road facilities established pursuant to the Road Act; |
| 18. | Hydraulic power facilities and thermal power facilities for the production of electric power, power transmission facilities, power distribution facilities, and power transformation facilities prescribed by the Electric Utility Act; |
| 21. | Public sewage treatment plants prescribed by the Sewerage Act; |
| 22. | High-speed railroads prescribed by the Act on Railroad Construction and Railroad Facilities Management; |
| 23. | Harbor facilities prescribed by the Harbor Act; |
| 28. | General hospitals, hospitals, and intermediate care hospitals prescribed by the Medical Service Act; |
| 32. | Other facilities prescribed by Presidential Decree. |
| (2) | Where the head of the relevant central administrative agency intends to determine standards for seismic design under paragraph (1) or modify such standards, he/she shall consult in advance with the Minister of the Interior and Safety. In such cases, the Minister of the Interior and Safety may require the revision of such standards, if necessary. <Amended by Act No. 11994, Aug. 6, 2013; Act No. 14754, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017> |
| (3) | When granting permission, etc. for facilities subject to seismic design under paragraph (1), the Mayor/Do Governor, etc. shall ascertain whether they are designed to be resistant to earthquake. <Amended by Act No. 14754, Mar. 21, 2017> |
| (4) | The Minister of the Interior and Safety may determine the design ground motions which commonly apply to the State seismic performance objectives, each standard of seismic design, and other matters prescribed by Presidential Decree, after consulting with the relevant central administrative agency, to utilize them for the standards for seismic design under paragraph (1) or other affairs. <Newly Inserted by Act No. 12001, Aug. 6, 2013; Act No. 14754, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017> |
| (5) | Where the head of a relevant central administrative agency deems necessary considering the characteristics, etc. of the relevant facilities, he/she may determine separate standards after consulting with the Minister of the Interior and Safety, notwithstanding the matters to be commonly applied to standards for seismic design under paragraph (4). <Newly Inserted by Act No. 12001, Aug. 6, 2013; Act No. 14754, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017> |
| Article 15 (Formulation of Master Plans for Seismic Retrofitting of Existing Facilities) |
| (1) | The Minister of the Interior and Safety shall formulate a master plan for seismic retrofitting of existing facilities (hereinafter referred to as "master plan"), on a five-year basis, for the improvement in seismic performance of public facilities built before the relevant statutes are enacted or public facilities, the standards for seismic design of which have been intensified after the relevant statutes are enacted (hereinafter referred to as "existing facilities") among facilities subject to seismic design under Article 14, and report it to the Central Safety Management Committee under Article 9 of the Framework Act on the Management of Disasters and Safety. <Amended by Act No. 11994, Aug. 6, 2013; Act No. 14754, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017> |
| (2) | The following matters shall be included in a master plan: |
| 1. | Basic direction-setting concerning measures for seismic retrofitting; |
| 2. | Matters concerning the evaluation of seismic performance; |
| 3. | Matters concerning a mid-term and long-term plan of seismic retrofitting; |
| 4. | Matters concerning the promotion of seismic retrofitting projects; |
| 5. | Research and development of technologies necessary for measures for seismic retrofitting; |
| 6. | Other matters prescribed by Presidential Decree concerning measures for seismic retrofitting. |
| (3) | Where the Minister of the Interior and Safety intends to formulate a master plan, he/she shall consult with the heads of the relevant central administrative agencies, and where he/she formulates a master plan, he/she shall notify the heads of the relevant central administrative agencies and the Mayor/Do Governor, etc. <Amended by Act No. 11994, Aug. 6, 2013; Act No. 14754, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017> |
| (4) | Where the Minister of the Interior and Safety deems necessary to formulate a master plan, he/she may request the head of the relevant central administrative agency and the Mayor/Do Governor, etc. to submit related materials. <Amended by Act No. 11994, Aug. 6, 2013; Act No. 14754, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017> |
| (5) | Paragraphs (1) through (4) shall apply mutatis mutandis where a master plan is amended. |
| Article 16 (Promotion of Seismic Retrofitting of Existing Facilities) |
| (1) | The head of the relevant central administrative agency and the Mayor/Do Governor, etc. shall formulate and promote measures for seismic retrofitting on facilities under their jurisdiction in accordance with a master plan, and notify or report the current status of promotion to the Minister of the Interior and Safety. <Amended by Act No. 11994, Aug. 6, 2013; Act No. 14754, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017> |
| (2) | The head of the relevant central administrative agency shall instruct the head of the agency in charge of emergency management who manages facilities under his/her jurisdiction to take measures for seismic retrofitting formulated pursuant to paragraph (1), and take measures necessary for the implementation thereof. |
| (3) | The head of the agency in charge of emergency management shall promote seismic retrofitting, etc. in accordance with measures for seismic retrofitting instructed pursuant to paragraph (2). <Amended by Act No. 14754, Mar. 21, 2017> |
| (4) | The Minister of the Interior and Safety may inspect or evaluate the promotion conditions of measures for seismic retrofitting prescribed in paragraphs (1) through (3). <Amended by Act No. 11994, Aug. 6, 2013; Act No. 14754, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017> |
| (5) | Matters necessary for facilities subject to formulation of measures for seismic retrofitting prescribed in paragraph (1), the methods thereof, and the procedures, methods, etc. for inspection and evaluation prescribed in paragraph (4) shall be prescribed by Presidential Decree. <Amended by Act No. 14920, Oct. 24, 2017> |
| (6) | The Minister of the Interior and Safety shall publicly announce the results of promoting measures for seismic retrofitting, as prescribed by Presidential Decree. <Newly Inserted by Act No. 10754, May 30, 2011; Act No. 11994, Aug. 6, 2013; Act No. 14754, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017> |
| Article 16-2 (Support for Seismic Retrofitting of Privately-Owned Buildings) |
| (1) | In order to encourage seismic retrofitting of existing privately-owned buildings that are not earthquake-proof, the Mayor/Do Governor, etc. may grant tax reduction or exemption, as prescribed by the Restriction of Special Local Taxation Act, and an insurance-related entity, institution, etc. prescribed by Presidential Decree may apply differential insurance premium rates in relation to earthquake disasters. <Amended by Act No. 14754, Mar. 21, 2017> |
| (2) | Procedures, etc. for providing support for seismic retrofitting under paragraph (1) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | Details of support referred to in paragraph (1) may apply to buildings that adopt an seismic design at the time of initial construction, among buildings prescribed in the Building Act which are not subject to the standards for seismic design determined under Article 14 (1). |
[This Article Newly Inserted by Act No. 10754, May 30, 2011]
| Article 16-3 (Certification of Earthquake-Safe Facilities and Revocation Thereof) |
| (1) | The Minister of the Interior and Safety may certify facilities that have undergone seismic retrofitting as earthquake-safe facilities in order to enhance the safety of facilities against earthquakes and to enable the public to check the safety of facilities. |
| (2) | Any person who intends to obtain certification of earthquake-safe facilities prescribed in paragraph (1), shall apply for the certification to the Minister of the Interior and Safety, as prescribed by Presidential Decree. |
| (3) | A certification mark may be attached to the facilities certified as an earthquake-safe facility pursuant to paragraph (1) (hereinafter referred to as "earthquake-safe certified facilities"), as prescribed by Presidential Decree. |
| (4) | No person shall attach a certification mark or any similar mark to facilities other than earthquake-safe certified facilities. |
| (5) | Where any earthquake-safe certified facility falls under any of the following, the Minister of the Interior and Safety may revoke its certification: Provided, That in the case of subparagraph 1, he/she shall revoke its certification: |
| 1. | Where the earthquake-safe facility certification has been obtained by fraud or other improper means; |
| 2. | Where the main facts that served as the grounds or premise for obtaining the earthquake-safe facility certification have been changed; |
| 3. | Where the project owner, owner, or manager of the earthquake-safe certified facility or any other relevant person requests the revocation of the certification. |
| (6) | With respect to the certification of earthquake-safe facilities prescribed in paragraph (1), matters necessary for the facilities subject to certification, and criteria, procedures, etc. for certification shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 14920, Oct. 24, 2017]
| Article 16-4 (Designation of Institutions for Certifying Earthquake-Safe Facilities and Revocation Thereof) |
| (1) | In order to perform the duties to certify earthquake-safe facilities prescribed in Article 16-3 (1), the Minister of the Interior and Safety may designate an institution or organization that has facilities and professional workforce, etc. prescribed by Presidential Decree, as a certification institution. |
| (2) | Where any certification institution designated pursuant to paragraph (1) falls under any of the following, the Minister of the Interior and Safety may revoke its designation or order it to wholly or partially suspend its business affairs to certify earthquake-safe facilities by setting a period not exceeding one year, as prescribed by Presidential Decree: Provided, That when it falls under subparagraph 1 or 2, its designation shall be revoked: |
| 1. | When it has been designated as a certification institution by fraud or other improper means; |
| 2. | When it has conducted business affairs to certify earthquake-safe facilities during a business suspension period; |
| 3. | When it has failed to conduct business affairs to certify earthquake-safe facilities for at least two consecutive years without just cause; |
| 4. | When it has conducted business affairs to certify earthquake-safe facilities in violation of the criteria or procedures for certification prescribed in Article 16-3 (6); |
| 5. | When it has refused to conduct business affairs to certify earthquake-safe facilities without just cause; |
| 6. | When it comes to fail to meet the qualification criteria for designation as a certification institution prescribed in paragraph (1). |
| (3) | Matters necessary for the procedures for designating a certification institution provided for in paragraph (1) and for revoking designation or ordering business suspension provided for in paragraph (2), and any other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 14920, Oct. 24, 2017]
| Article 17 (Earthquake Preparedness of Disaster and Safety Status Control Centers and Regional Disaster and Safety Countermeasure Headquarters) |
| (1) | The heads of the institutions in charge of the following centers shall establish such centers under their control (including devices necessary to maintain their functions, such as those for power, communication, etc.) in facilities for which seismic retrofitting has been completed under Article 16: <Amended by Act No. 14920, Oct. 24, 2017> |
| (2) | The heads of the institutions in charges of the facilities referred to in the subparagraphs of paragraph (1) shall prepare for earthquakes, etc. by formulating earthquake preparedness plans for related facilities, such as electric power and communications, to maintain functions of disaster and safety status control centers and regional countermeasure headquarters. <Amended by Act No. 14754, Mar. 21, 2017; Act No. 14920, Oct. 24, 2017> |
CHAPTER V COUNTERMEASURES
| Article 18 (Construction of System to Cope with Earthquake and Volcano Disasters) |
| (1) | The head of the Central Disaster and Safety Countermeasure Headquarters (hereinafter referred to as the "head of the Central Countermeasure Headquarters") under Article 14 of the Framework Act on the Management of Disasters and Safety and the head of a City/Do disaster and safety countermeasure headquarters or the head of a Si/Gun/Gu disaster and safety countermeasure headquarters (hereinafter referred to as the "head of a regional countermeasure headquarters") under Article 16 of the same Act shall construct and operate a system to cope with earthquake and volcano disasters (hereinafter referred to as "system to cope with earthquake and volcano disasters") for the prompt initial action, such as forecast of areas to be damaged and degree of damage, etc. through the prompt collection and analysis of seismic and volcanic information, emergency rescue and aid, and extinguishment of a fire, in order to reduce damage when earthquake and volcano disasters occur. <Amended by Act No. 11994, Aug. 6, 2013; Act No. 13442, Jul. 24, 2015; Act No. 14754, Mar. 21, 2017> |
| (2) | The council of observation agencies shall construct a system for real-time sharing of observation data of earthquake and volcanic activity and provide the head of the Central Countermeasure Headquarters and the head of a regional countermeasure headquarters referred to in paragraph (1) with such data. <Amended by Act No. 11994, Aug. 6, 2013; Act No. 13442, Jul. 24, 2015> |
| (3) | Where the head of the Central Countermeasure Headquarters or the head of a regional countermeasure headquarters constructs and operates a system to cope with earthquake and volcano disasters under paragraph (1), except where he/she cannot entrust the relevant project to the private sector or judges the development and operation of the relevant project by an administrative agency to be remarkably excellent in the aspects of economy, effectiveness, or security, he/she may entrust the private sector with the development and operation of the relevant project. <Amended by Act No. 11994, Aug. 6, 2013; Act No. 13442, Jul. 24, 2015> |
| (4) | Detailed matters of the system to cope with earthquake and volcanic disasters, such as the scope of construction, procedures for operation, and a utilization plan, shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 13442, Jul. 24, 2015; Act No. 14839, Jul. 26, 2017> |
| Article 19 (Construction of Emergency Support System) |
When formulating an emergency support plan under Articles 35 and 36 of the Countermeasures against Natural Disasters Act, any of the following persons shall develop such emergency support plan by utilizing the system to cope with earthquake and volcano disasters. <Amended by Act No. 11994, Aug. 6, 2013; Act No. 13442, Jul. 24, 2015; Act No. 14754, Mar. 21, 2017> | 1. | The head of a central administrative agency; |
| 2. | The head of a regional countermeasure headquarters; |
| 3. | The head of an agency in charge of emergency management having jurisdiction over the whole or part of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, and a Special Self-Governing Province (hereinafter referred to as "City/Do"); |
| 4. | The head of an agency in charge of emergency management having jurisdiction over the whole or part of a Si (Si includes an administrative Si under Article 10 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply) and a Gun/Gu (Gu includes an autonomous Gu; hereinafter referred to as a "Si/Gun/Gu"). |
| Article 20 (Investigation and Analysis of Causes of Earthquake and Volcano Disasters and Organization and Operation of Committees for Investigating Causes of Earthquake and Volcano Disasters) |
| (1) | If necessary, the head of the Central Countermeasure Headquarters and the head of a regional countermeasure headquarters may investigate, analyze, and evaluate causes and response procedure of earthquake and volcano disasters in areas where earthquake and volcano disasters occurred. <Amended by Act No. 11994, Aug. 6, 2013; Act No. 13442, Jul. 24, 2015> |
| (2) | The head of the Central Countermeasure Headquarters may organize and operate a central committee for investigating causes of earthquake disasters and a central committee for investigating causes of volcano disasters, including experts in fields related to earthquake and volcano, for the professional investigation, analysis, and evaluation on earthquake and volcano disasters. <Amended by Act No. 11994, Aug. 6, 2013; Act No. 13442, Jul. 24, 2015> |
| (3) | If earthquake and volcano disasters on a large scale occur in a foreign country, the Minister of the Interior and Safety may dispatch an overseas committee for investigating causes of earthquake disasters and overseas committee for investigating causes of volcano disasters comprised of experts in fields related to earthquake and volcano, to the actual place. <Amended by Act No. 11994, Aug. 6, 2013; Act No. 13442, Jul. 24, 2015; Act No. 14754, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017> |
| (4) | Detailed matters necessary for the organization and operation of the central committee for investigating causes of earthquake disasters, the central committee for investigating causes of volcano disasters, the overseas committee for investigating causes of earthquake disasters, and the overseas committee for investigating causes of volcano disasters referred to in paragraphs (2) and (3) shall be prescribed by Presidential Decree. <Amended by Act No. 13442, Jul. 24, 2015> |
| (5) | The head of a City/Do countermeasure headquarters may organize and operate a regional committee for investigating causes of earthquake disasters, for investigation, analysis, and evaluation of causes of earthquake disasters in a region under his/her jurisdiction under paragraph (1), and detailed matters necessary therefor shall be prescribed by municipal ordinance. <Amended by Act No. 11994, Aug. 6, 2013; Act No. 13442, Jul. 24, 2015> |
| Article 21 (Risk Assesment of Damaged Facilities) |
| (1) | Where damage has occurred from an earthquake, the head of a regional countermeasure headquarters shall assess risks (hereinafter referred to as "risk assessment") on whether facilities can be used. <Amended by Act No. 11994, Aug. 6, 2013> |
| (2) | The head of a regional countermeasure headquarters shall operate a risk assessment team of damaged facilities comprised of experts in related fields residing in a region under his/her jurisdiction for the prompt risk assessment under paragraph (1): Provided, That where experts in related fields residing in a region under his/her jurisdiction are insufficient, the risk assessment team may be comprised of residents of a neighboring City/Do or Si/Gun/Gu. |
| (3) | Detailed matters necessary for the organization, operation, etc. of a risk assessment team of damaged facilities in a region under paragraph (2) shall be prescribed by municipal ordinance. |
CHAPTER VI RESEARCH AND TECHNICAL DEVELOPMENT FOR REDUCING EARTHQUAKE AND VOLCANO DISASTERS
| Article 22 (Research and Technical Development for Reducing Earthquake and Volcano Disasters) |
| (1) | The Minister of the Interior and Safety and the head of each agency in charge of emergency management prescribed by Presidential Decree shall conduct investigations, technical development, and research on matters under his/her jurisdiction prescribed in Article 3 (3) to conduct research on earthquakes and volcanic activity and reduce earthquake and volcano disasters, and may pursue an international joint research project on the technology, system, etc. for preventing earthquake and volcano disasters. <Amended by Act Nos. 11994 & 12001, Aug. 6, 2013; Act No. 13442, Jul. 24, 2015; Act No. 14754, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017> |
| (2) | The Minister of the Interior and Safety shall set the seismic performance targets at the State level and conduct research and technical development on the seismic classification and others. <Amended by Act No. 11994, Aug. 6, 2013; Act No. 14754, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017> |
| (3) | If necessary to conduct research on measures for preventing earthquake and volcano disasters and to reduce earthquake and volcano disasters, the Minister of the Interior and Safety and the head of a relevant central administrative agency may request the head of a relevant administrative agency or the head of an observation agency to provide related data or cooperation for necessary matters. In such cases, the head of the relevant administrative agency or the head of the relevant observation agency shall comply with such request, unless there is a compelling reason not to do so. <Amended by Act No. 11994, Aug. 6, 2013; Act No. 13442, Jul. 24, 2015; Act No. 14754, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017> |
| (4) | The Minister of the Interior and Safety and the head of a relevant central administrative agency may provide administrative and financial support (including contributions to an institution or organization conducting research pursuant to Article 14 (1) of the Basic Research Promotion and Technology Development Support Act) for research and technical development by the head of an agency in charge of emergency management referred to in paragraph (1). <Amended by Act No. 10445, Mar. 9, 2011; Act No. 11994, Aug. 6, 2013; Act No. 14754, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017> |
| (5) | Matters necessary for administrative and financial support prescribed in paragraph (4) shall be prescribed by Presidential Decree. |
| Article 23 (Investigation and Research of Faults and Preparation of Active Faults Maps) |
| (1) | The Minister of the Interior and Safety shall conduct investigation and research on faults on the entire Korean Peninsula in order to ensure the safety of the ground for cities, industrial complexes defined in subparagraph 8 of Article 2 of the Industrial Sites and Development Act, infrastructure facilities defined in subparagraph 1 of Article 2 of the Act on Public-Private Partnerships in Infrastructure, and nuclear reactors and relevant facilities, etc. defined in subparagraphs 8 and 10 of Article 2 of the Nuclear Safety Act. <Amended by Act No. 11020, Aug. 4, 2011; Act No. 11994, Aug. 6, 2013; Act No. 14754, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017; Act No. 15297, Dec. 26, 2017> |
| (2) | The Minister of the Interior and Safety shall build and maintain a database on faults found to be seismically capable as a result of the investigation and research prescribed in paragraph (1) (hereinafter referred to as "active faults"), and may prepare and publish active faults maps. <Amended by Act No. 11994, Aug. 6, 2013; Act No. 14754, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017; Act No. 15297, Dec. 26, 2017> |
| (3) | The Minister of the Interior and Safety may advise complementation or retrofitting of existing facilities in areas with active faults under paragraph (2) in consultation with the head of a relevant central administrative agency, and when new facilities are built, he/she may advise that such new facilities be built in compliance with seismic standards established considering active faults. <Amended by Act No. 11994, Aug. 6, 2013; Act No. 14754, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017> |
| (4) | The Minister of the Interior and Safety may conduct investigation and research on faults jointly with the heads of the relevant central administrative agencies. In such cases, the Minister of the Interior and Safety and the heads of the relevant central administrative agencies shall jointly bear the expenses incurred in conducting such investigation and research. <Newly Inserted by Act No. 15297, Dec. 26, 2017> |
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 24 (Access to Land) |
| (1) | If necessary for the production and utilization of coastal flooding forecast maps and flood trace maps, production and utilization of seismic hazard maps, accumulation and management of geological and ground survey data, investigation into and analysis of causes of earthquake and volcano disasters, risk assessment of damaged facilities, etc., investigation and research into active faults, and preparation of active faults maps, any of the following persons may access a third person's land or temporarily use a third person's land, and if particularly necessary, he/she may alter or remove trees, soil, stones, or other obstacles. <Amended by Act No. 11994, Aug. 6, 2013; Act No. 13442, Jul. 24, 2015; Act No. 14754, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017> |
| 1. | The Minister of the Interior and Safety, the Mayor/Do Governor, etc., the head of the Central Countermeasure Headquarters, or the head of a regional countermeasure headquarters; |
| 2. | A person who has been ordered, delegated, or entrusted by any person referred to in subparagraph 1. |
| (2) | Each person who intends to access a third person's land, temporarily use a third person's land, or alter or remove trees, soil, stones, or other obstacles pursuant to paragraph (1), shall first obtain consent from the owner, occupant, or manager (hereafter in this Article, referred to as "interested parties") of the relevant land or obstacles: Provided, That when interested parties are not in a site or their domicile or residence are unclear, and it is impossible to obtain consent therefrom, he/she shall obtain permission from the relevant Special Self-Governing City Mayor, the relevant Special Self-Governing Province Governor, the head of the relevant Si (excluding the head of an autonomous Si under Article 11 (1) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereafter the same shall apply in Articles 25 (2) and 29 (3)), and the head of the relevant Gun/Gu. <Amended by Act No. 14754, Mar. 21, 2017; Act No. 15529, Mar. 27, 2018> |
| (3) | Each person who intends to perform any act under paragraph (1) shall carry a certificate evidencing his/her authority and produce it to interested parties. |
| Article 25 (Compensation for Losses) |
| (1) | The State or local governments shall compensate for losses incurred by measures under Article 24 (1). |
| (2) | With respect to compensation for losses under paragraph (1), a person who sustained losses and the head of a central administrative agency, the Mayor/Do Governor or the head of a Si/Gun/Gu who took such measure shall consult with each other. |
| Article 26 (Government Subsidies) |
If necessary to smoothly promote the prevention of, provision against, action against, and recovery from earthquake and volcano disasters, the State may fully or partially bear expenses incurred therein (including expenses incurred in formulating and implementing measures for seismic retrofitting under Article 16 and compensation for losses under Article 25) or subsidize such expenses to agencies in charge of emergency management, such as local governments. <Amended by Act No. 12001, Aug. 6, 2013; Act No. 13442, Jul. 24, 2015>
The Minister of the Interior and Safety shall hold a hearing, where he/she intends to make any of the following dispositions:
| 1. | Revocation of certification prescribed in Article 16-3 (5); |
| 2. | Revocation of designation of a certification institution or suspension of its business affairs prescribed in Article 16-4 (2). |
[This Article Newly Inserted by Act No. 14920, Oct. 24, 2017]
| Article 27 (Delegation and Entrustment of Authority) |
| (1) | The Minister of the Interior and Safety, the Mayor/Do Governor, etc., the head of the Central Countermeasure Headquarters, and the head of a regional countermeasure headquarters may delegate affairs, such as inspection of facilities, etc., investigation into and analysis of causes of earthquake and volcano disasters, and risk assessment of damaged facilities referred to in Article 24 (1), to the head of an agency under his/her control or the head of a local government, as prescribed by Presidential Decree. <Amended by Act No. 11994, Aug. 6, 2013; Act No. 13442, Jul. 24, 2015; Act No. 14754, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017> |
| (2) | The Minister of the Interior and Safety, the Mayor/Do Governor, etc., the head of the Central Countermeasure Headquarters, and the head of a regional countermeasure headquarters may entrust affairs concerning Article 24 (1) to an expert, specialized institution, etc., as prescribed by Presidential Decree. <Amended by Act No. 11994, Aug. 6, 2013; Act No. 14754, Mar. 21, 2017; Act No. 14839, Jul. 26, 2017> |
| (3) | The Minister of the Interior and Safety may entrust the affairs of conducting regular inspections referred to in Article 7 (2) to experts or specialized institutions, etc., as prescribed by Presidential Decree. <Newly Inserted by Act No. 15529, Mar. 27, 2018> |
CHAPTER VIII PENALTY PROVISIONS
| Article 28 (Penalty Provisions) |
Any person who refuses or interferes with access to land, temporary use thereof or alteration or removal of obstacles under Article 24 without justifiable grounds shall be punished by a fine not exceeding two million won.
| Article 29 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Newly Inserted by Act No. 14920, Oct. 24, 2017; Act No. 15529, Mar. 27, 2018> |
| 1. | A person who fails to measure seismic acceleration of major facilities, in violation of Article 6 (1); |
| 2. | A person who disrupts investigation into flood traces, etc. under Article 10 (3) or deliberately damages such flood traces; |
| 3. | A person who refuses to submit geological and ground data under Article 13 (2) or submits false data; |
| 4. | Any person who has obtained certification of earthquake-safe facilities prescribed in Article 16-3 (1) by fraud or other improper means; |
| 5. | Any person who has attached a certification mark or any similar mark to facilities other than earthquake-safe certified facilities, in violation of Article 16-3 (4); |
| 6. | Any person who has obtained designation as a certification institution prescribed in Article 16-4 (1) by fraud or other improper means; |
| 7. | Any person who has conducted business affairs relating to certification of earthquake-safe facilities during a business suspension period prescribed in Article 16-4 (2). |
| (2) | Deleted. <by Act No. 15529, Mar. 27, 2018> |
| (3) | Administrative fines under paragraph (1) shall be imposed and collected by the Minister of the Interior and Safety, the Mayor/Do Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017; Act No. 14920, Oct. 24, 2017; Act No. 15297, Dec. 26, 2017; Act No. 15529, Mar. 27, 2018> |
| (4) | through (6) Deleted. <by Act No. 15297, Dec. 26, 2017> |
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force on the date prescribed by Presidential Decree, but in any event, within one year after the date of its promulgation. |
ADDENDA <Act No. 9636, Apr. 22, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 10445, Mar. 9, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 10754, May 30, 2011>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provision of Article 14 (1) 21 shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10911, Jul. 25, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 11020, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 11495, Oct. 22, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11994, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Act No. 12001, Aug. 6, 2013>
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amendments to the Acts to be amended pursuant to Article 6 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Act.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13442, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provision of Article 8 (2) shall enter into force on the date of its promulgation. Article 2 (Preparation for Enforcement of This Act)
The head of the Central Countermeasure Headquarters, the heads of regional countermeasure headquarters, the Administrator of the Korea Meteorological Administration, etc. may make preparation necessary for installing observation facilities and equipment and formulating a plan for observation pursuant to the amended provisions of Article 5, providing education, training, and publicity of the prevention of earthquake and volcano disasters pursuant to the amended provisions of Article 11, formulating comprehensive measures to reduce damage from volcanic ash pursuant to the amended provisions of Article 11-2, constructing a system to cope with earthquake and volcano disasters pursuant to the amended provisions of Article 18, and investigating and analyzing causes of earthquake and volcano disasters and organizing, operating, etc. committees for investigating disaster causes pursuant to the amended provisions of Article 20, before this Act enters into force. Article 3 Omitted.
ADDENDA <Act No. 13879, Jan. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Act No. 14113, Mar. 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 18 Omitted.
ADDENDA <Act No. 14532, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amendments to the Acts to be amended pursuant to Article 6 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Act.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14754, Mar. 21, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Change of Authority Holders)
| (1) | The deliberative council for earthquake and volcano disasters prevention policy established under the control of the head of the Central Countermeasure Headquarters pursuant to the previous provision of Article 9-3 (1) as at the time this Act enters into force, shall be deemed the deliberative council for earthquake and volcano disasters prevention policy established under the control of the Minister of the Interior and Safety pursuant to the amended provisions of Article 9-3 (1). <Amended by Act No. 14839, Jul. 26, 2017> |
| (2) | Designation, public notice, or other acts that have been made or conducted by the head of the Central Countermeasure Headquarters or a regional countermeasure headquarters for prevention of and provision against earthquake and volcano disasters, or acts that have been conducted towards the head of the Central Countermeasure Headquarters or a regional countermeasure headquarters, pursuant to the previous provisions before this Act enters into force, shall be deemed designation, public notice, or other acts that have been made or conducted by the Minister of the Interior and Safety or the Mayor/Do Governor, etc., or acts that have been conducted towards the Minister of the Interior and Safety or the Mayor/Do Governor, etc., in accordance with this Act. <Amended by Act No. 14839, Jul. 26, 2017> |
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation: Provided, That the amendments to the Acts to be amended pursuant to Article 5 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Act. |
Articles 2 through 6 Omitted.
ADDENDA <Act No. 14912, Oct. 24, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 14920, Oct. 24, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Special Cases concerning Certification of Earthquake-Safe Facilities)
The buildings confirmed under the earthquake safety indication system by the Minister of the Interior and Safety, the Minister of Public Safety and Security, or the Administrator of the National Emergency Management Agency before this Act enters into force, shall be deemed to have been certified as earthquake-safe facilities under the amended provision of Article 16-3 (1).
ADDENDUM <Act No. 15297, Dec. 26, 2017>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 23 shall enter into force on the date of its promulgation, and the amended provisions of Article 29 of the Act on the Preparation for Earthquakes and Volcanic Eruptions (Act No. 14920) shall enter into force on October 25, 2018.
ADDENDA <Act No. 15460, Mar. 13, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 15529, Mar. 27, 2018>