SPECIAL ACT ON MANAGEMENT OF DISASTERS IN SUPER HIGH-RISE BUILDINGS AND COMPLEX BUILDINGS WITH UNDERGROUND CONNECTIONS
Act No. 10444, Mar. 8, 2011
Amended by Act No. 11690, Mar. 23, 2013
Act No. 12844, Nov. 19, 2014
Act No. 13422, Jul. 20, 2015
Act No. 13926, Jan. 27, 2016
Act No. 14839, Jul. 26, 2017
Act No. 15302, Dec. 26, 2017
Act No. 15526, Mar. 27, 2018
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to protect the life, health, and property of people and contribute to public safety by providing for matters necessary for preventing, preparing against, responding to, and assisting in relief of disasters to establish a disaster management system for the management of disasters in super high-rise buildings, complex buildings with underground connections, and the surrounding areas of such buildings.
The terms used in this Act shall be defined as follows:
| 1. | The term "super high-rise building" means a building with not less than 50 floors or with a height of not less than 200 meters (referring to the height and the number of floors defined in Article 84 of the Building Act; hereinafter the same shall apply); |
| 2. | The term "complex building with underground connections" means a building that meets all of the following requirements: |
| (a) | A building with not less than 11 floors or with an accommodation capacity of not less than 5,000 persons per day and with its underground section connected to a subway station or underground shopping arcade; |
| 3. | The term "related area" means an area specified by Presidential Decree as required for activities of preventing, preparing against, responding to, and controlling a disaster, including a building or a structure under Article 3 (hereinafter referred to as "super high-rise building, etc.") and its surrounding area; |
| 4. | The term "ordinary building or structure" means a building or structure in a related area, which is not a super high-rise building, etc.; |
| 5. | The term "management entity" means the owner or manager (referring to a person who is responsible for management of a building or a structure under a management agreement between him/her and the owner of the building or structure) of a super high-rise building, etc. or an ordinary building or structure; |
| 6. | The term "person concerned" means the owner, manager, or occupant of a super high-rise building, etc. or ordinary building or structure at issue; |
| 7. | The term "general disaster manager" means a person responsible for the administration of all works for the management of disasters and safety in a super high-rise building, etc. at issue; |
| 8. | The term "hazardous or dangerous substance" means a substance harmful to humans or a substance with a danger of fire or explosion, such as a toxic substance, noxious gas, flammable gas, and a dangerous material, the kinds and scope of which shall be specified by Presidential Decree. |
| Article 3 (Matters subject to Application) |
The buildings and facilities subject to the application of this Act shall be as follows:
| 1. | Super high-rise buildings; |
| 2. | Complex buildings with underground connections; |
| 3. | Other buildings and facilities specified by Presidential Decree equivalent to the buildings under subparagraphs 1 and 2 for which the management of disasters is required. |
| Article 4 (Responsibilities) |
| (1) | The central government and each local government shall take measures necessary for the management of disasters and safety in super high-rise buildings, etc. and related areas in order to protect the life, health, and property of people. |
| (2) | Each management entity shall endeavor to prevent disasters and mitigate damage, and shall cooperate in measures for the management of disasters and safety under paragraph (1). |
| Article 5 (Relationship to Other Acts) |
This Act shall prevail over other Acts in application to the management of disasters and safety in super high-rise buildings, etc.
CHAPTER II PREVENTION AND PREPARATION
| Article 6 (Prior Review and Consultation on Disaster Impact) |
| (1) | Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") or the head of a Si/Gun/Gu intends to grant permission, approval, or authorization for the installation of a super high-rise building, etc., or intends to consult thereon or establish a plan thereof (hereinafter referred to as "permission, etc."), he/she shall request the head of a City/Do disaster and safety countermeasure headquarters under Article 16 of the Framework Act on the Management of Disasters and Safety (hereinafter referred to as "head of a City/Do headquarters") to have a consultation in advance with respect to the review of the impact of disasters (hereinafter referred to as "prior review and consultation on disaster impact") before granting permission, etc. |
| (2) | Notwithstanding paragraph (1), where the building committee under Article 4 of the Building Act completes the deliberation on the matters subject to prior review and consultation on disaster impact upon receipt of an application from a person who intends to build a super high-rise building, etc. for prior determination under Article 10 (1) of the Building Act, prior review and consultation on disaster impact shall be deemed completed. In such cases, the number of committee members who are experts in the management of disasters specified by Presidential Decree shall be not less than one-fourth of the number of the committee members who attend the deliberation. |
| (3) | Upon receipt of a request for prior review and consultation on disaster impact, the head of a City/Do headquarters shall notify the Mayor/Do Governor or the head of a Si/Gun/Gu of his/her review opinion, as prescribed by Presidential Decree. In such cases, the competent Mayor/Do Governor or the head of a Si/Gun/Gu shall ascertain whether the opinion is reflected in the relevant application for permission, etc. |
| (4) | Where a building or a facility becomes a super high-rise building, etc. due to change of its use or an increase in its accommodation capacity or where the use of a super high-rise building, etc. is changed to a use specified by Presidential Decree or the accommodation capacity of a super high-rise building, etc. is increased, paragraph (1) shall apply mutatis mutandis. |
| (5) | The head of each City/Do headquarters shall organize and operate a committee for prior review of disaster impact in order to review, with expertise, requests for prior review and consultation on disaster impact, and matters necessary for the composition and operation of the committee for prior review of disaster impact shall be prescribed by Presidential Decree. |
| (6) | Matters subject to prior review and consultation on disaster impact, the timing, method, and required documents therefor and other necessary matters shall be prescribed by Presidential Decree. |
| Article 7 (Matters subject to Prior Review and Consultation on Disaster Impact) |
| (1) | Matters subject to prior review and consultation on disaster impact shall be as follows: |
| 1. | Plans for the installation of an integrated disaster prevention office and the establishment of a comprehensive disaster management system; |
| 2. | Plans for adopting earthquake-resistant designs and the installation of gauges; |
| 3. | Plans for spatial structures and layout; |
| 4. | Plans for the installation of a refugee area and refuge facilities and guidance for refuge; |
| 5. | Plans for fire-fighting equipment, fire compartment, plans for the prevention, ventilation, and removal of smoke, plans for preventing ignition of fire and spreading of flames; |
| 6. | Plans for the management of disasters affecting a related area and for safety management; |
| 7. | Plans for the installation and management of facilities for crime prevention, security, and counter-terrorism; |
| 8. | Plans for the prevention of flooding in underground spaces; |
| 9. | Other matters specified by Presidential Decree. |
| (2) | Matters necessary for the review of matters under the subparagraphs of paragraph (1) shall be prescribed by Presidential Decree. |
| Article 8 (Prohibition of Prior Permission, etc.) |
A Mayor/Do Governor or the head of a Si/Gun/Gu shall not grant permission, etc. for a super high-rise building, etc. before completing the consultation procedure under Article 6.
| Article 9 (Establishment and Implementation of Plans for Prevention of Disasters and Mitigation of Damage) |
| (1) | The management entity of a super high-rise building, etc. shall formulate and implement a plan to prevent disasters and mitigate damage in the building (hereinafter referred to as "plan for the prevention of disasters and the mitigation of damage"). |
| (2) | A plan for the prevention of disasters and the mitigation of damage under paragraph (1) shall include the following contents: <Amended on Dec. 26, 2017> |
| 1. | A plan for response to each type of disaster, mutual backup and emergency warning; |
| 2. | A plan for refuge facilities and guidance for refuge; |
| 3. | A plan for education and training in preparation against disasters, terrorism, etc.; |
| 4. | The composition and operation of an organization for the management of disasters and safety; |
| 4-2. | A safety management measure for those vulnerable to disasters, such as children, older persons, and persons with disabilities; |
| 5. | A plan for the maintenance and management of facilities; |
| 6. | A plan for the installation and maintenance of fire-fighting facilities and evacuation; |
| 7. | A safety management plan under other statutes for electricity, gas, machinery, dangerous materials, etc.; |
| 8. | Basic conditions of a building and a plan for its use; |
| 9. | Other necessary matters specified by Presidential Decree. |
| (3) | When a plan for the prevention of disasters and the mitigation of damage is formulated pursuant to paragraph (1), the fire-fighting plan under Article 20 (6) of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems and the emergency plan under Article 37 (1) of the Countermeasures against Natural Disasters Act shall be deemed prepared or formulated. <Amended on Dec. 26, 2017> |
| (4) | Matters necessary for the formulation and implementation of a plan for the prevention of disasters and the mitigation of damage shall be prescribed by Presidential Decree. |
| Article 10 (Submission of Plans for Prevention of Disaster and Mitigation of Damage) |
| (1) | The management entity of a super high-rise building, etc. shall formulate a plan for the prevention of disasters and the mitigation of damage and submit it to the head of a Si/Gun/Gu disaster and safety countermeasure headquarters under Article 16 of the Framework Act on the Management of Disasters and Safety (hereinafter referred to as "head of a Si/Gun/Gu headquarters"), and the head of a Si/Gun/Gu headquarters shall hear the opinion of the chief of a fire station as to whether the details thereof are appropriate. |
| (2) | Upon receipt of a plan for the prevention of disasters and the mitigation of damage pursuant to paragraph (1), the head of a Si/Gun/Gu headquarters shall review whether the details thereof are appropriate and shall report thereon to the head of a City/Do headquarters. |
| (3) | Upon receipt of a plan for the prevention of disasters and the mitigation of damage under paragraph (2), the head of the City/Do headquarters shall report the results thereof to the Commissioner of the National Fire Agency. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (4) | The head of a City/Do headquarters or the head of a Si/Gun/Gu headquarters shall conduct an inspection at least once a year to ascertain whether the plan formulated by each management entity for the prevention of disasters and the mitigation of damage has been fully performed. |
| (5) | Matters necessary for the timing to submit a plan for the prevention of disasters and the mitigation of damage under paragraph (1), persons required to submit such plan, and the details of the plan shall be prescribed by Presidential Decree. |
| Article 11 (Organization and Operation of Council for Management of Disasters and Safety) |
| (1) | If there are two or more management entities in a related area, the management entities shall organize and operate a council for the management of disasters and safety (hereinafter referred to as the "council"). In such cases, each management entity may appoint a representative from among its executive officers. |
| (2) | The council shall discuss and coordinate the following matters: |
| 1. | Matters regarding the establishment of an information network between integrated disaster prevention offices under Article 16 (including disaster prevention rooms or similar facilities in ordinary buildings and structures) and the installation of warning and communications equipment; |
| 2. | Matters regarding the management of safety and disasters, including the joint prevention and management of fire and the establishment of an integrated system to manage disasters; |
| 3. | Matters regarding the appointment and dismissal of the representative general disaster manager who represents the working council under paragraph (3); |
| 4. | Matters regarding the formulation, implementation, and submission of a plan for the prevention of disasters and the mitigation of damage under Articles 9 and 10; |
| 5. | Matters in which the council shall cooperate with competent authorities when a disaster occurs; |
| 6. | Matters regarding the education, training, and public relations activities in preparation against disasters and terrorism under Articles 14 and 15; |
| 7. | Matters that the head of a City/Do headquarters or the head of a Si/Gun/Gu headquarters requests to discuss for the management of disasters in a related area; |
| 8. | Matters regarding the operation of the council and the composition and operation of the working council under paragraph (3); |
| 9. | Matters regarding conducting and requesting an integrated safety inspections under Article 13; |
| 10. | Other matters that the council considers necessary. |
| (3) | The council shall have a working council comprised of general disaster managers (including persons appointed by the management entity of each ordinary building or structure) to examine matters subject to discussion and coordination under paragraph (2) in detail. |
| (4) | When a plan for the prevention of disasters and the mitigation of damage is submitted by the council pursuant to paragraph (2) 4, the management entities under Article 10 (1) shall be deemed to have submitted the plan for the prevention of disasters and the mitigation of damage. |
| (5) | Where the management entity of a super high-rise building, etc. carries out a matter under any provision of Articles 6, 9, 14, 15, and 23 for the management of disasters and safety management in the super high-rise building, etc. and its related area, management entities of ordinary buildings and structures shall cooperate fully with him/her. |
| Article 12 (Designation of General Disaster Manager) |
| (1) | The management entity of a super high-rise building, etc. shall designate a general disaster manager to control and manage the following matters: Provided, That a general disaster manager shall not concurrently hold a position of a safety manager under other statutes: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jan. 27, 2016; Jul. 26, 2017> |
| 1. | Matters regarding the formulation of plans for the management of disasters and safety; |
| 2. | Matters regarding the formulation and implementation of plans for the prevention of disasters and the mitigation of damage under Article 9; |
| 3. | Matters regarding conducting integrated safety inspections under Article 13; |
| 4. | Matters regarding the education and training under Article 14; |
| 5. | Matters regarding the formulation and implementation of plans for public relations activities under Article 15; |
| 6. | Matters regarding the establishment and operation of the integrated disaster prevention office under Article 16; |
| 7. | Matters regarding the establishment and operation of the comprehensive disaster management system under Article 17; |
| 8. | Matters regarding the establishment and operation of a refugee area under Article 18; |
| 9. | Matters regarding the management, etc. of hazardous or dangerous substances under Article 19; |
| 10. | Matters regarding the organization and operation of an early response team under Article 22; |
| 11. | Matters regarding guidance for evacuation and guidance for refuge under Article 24; |
| 12. | Other matters specified by Ordinance of the Ministry of the Interior and Safety for the management of disasters and safety. |
| (2) | A general disaster manager shall command and supervise workers in charge of the management of disasters and safety in facilities, electricity, gas, and fire of the relevant super high-rise building, etc. |
| (3) | A general disaster manager shall receive education executed by the Commissioner of the National Fire Agency, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Newly Inserted on Jan. 27, 2016; Jul. 26, 2017> |
| (4) | Where a general disaster manager fails to receive education under paragraph (3), a Mayor/Do Governor or the head of a Si/Gun/Gu may order the suspension of his/her business affairs until he/she receives education. <Newly Inserted on Jan. 27, 2016> |
| (5) | The qualification and registration of a general disaster manager, procedures for the suspension of his/her business affairs, and other necessary matters shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jan. 27, 2016; Jul. 26, 2017> |
| Article 13 (Conducting Integrated Safety Inspections) |
| (1) | When the management entity of a super high-rise building, etc. intends to undergo an integrated safety inspection in lieu of the following safety inspections, he/she may formulate a plan thereof and request the head of a City/Do headquarters or the head of a Si/Gun/Gu headquarters to conduct it: <Amended on Mar. 27, 2018> |
| 6. | A periodic facility inspection under Article 12 (2) of the Act on the Safety Control of Children's Amusement Facilities. |
| (2) | Upon receipt of a request from a management entity for conducting an integrated safety inspection pursuant to paragraph (1), the head of the City/Do headquarters or the head of the Si/Gun/Gu headquarters shall consult and coordinate thereon with related authorities and shall notify the management entity thereof. In such cases, related authorities shall conduct an integrated safety inspection unless there is a compelling reason not to do so. |
| (3) | The scope and method of an integrated safety inspection and other necessary matters shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 14 (Education and Training) |
| (1) | The management entity of a super high-rise building, etc. shall conduct educational and training programs for related persons, full-time workers, and residents on disasters and terrorism (including exercises of guidance for refuge for occupants and evacuation of users). In such cases, where a management entity conducts fire and evacuation drills and the education necessary for the prevention and management of fire for full-time workers or residents, he/she shall be deemed to conduct the fire drill or education under Article 22 of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems. <Amended on Dec. 26, 2017> |
| (2) | The Commissioner of the National Fire Agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu may instruct and supervise the education and training under paragraph (1). In such cases, he/she may request the head of a related agency to cooperate in the education and training on crime prevention and counter-terrorism, if necessary. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (3) | The kinds, frequency, methods, and scope of education and training under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 15 (Formulation and Implementation of Plans for Public Relations Activities) |
The management entity of a super high-rise building, etc. shall formulate and implement a plan for public relations activities with respect to the prevention of disasters and guidance for refuge for full-time workers, residents, and users of the building.
| Article 16 (Establishment and Operation of Integrated Disaster Prevention Office) |
| (1) | The management entity of a super high-rise building, etc. shall establish and operate an integrated disaster prevention office in order to efficiently implement comprehensive management of disasters, including the safety control in construction works, fire-fighting, electricity, and gas in the building as well as crime prevention, security, and counter-terrorism, and may consolidate integrated disaster prevention offices of management entities for joint operation. |
| (3) | Management entities in a related area shall establish an information network through which integrated disaster prevention offices under paragraph (1) (including disaster prevention offices of ordinary buildings and structures) can share information about disasters and safety, and shall install warning and communications facilities that enable them to communicate each other in emergency. |
| (4) | The standards for the establishment of an integrated disaster prevention office and other necessary matters shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (5) | Where an integrated disaster prevention office fails to satisfy the standards for establishment referred to in paragraph (4), a Mayor/Do Governor or the head of a Si/Gun/Gu may order the relevant management entity to take necessary measures, such as supplementation. <Newly Inserted on Jan. 27, 2016> |
| Article 17 (Establishment of Comprehensive Disaster Management System) |
| (1) | The management entity of a super high-rise building, etc. shall establish and operate a comprehensive disaster management system in his/her integrated disaster prevention office for prompt response to a disaster in the related area and the sharing and diffusion of information about the disaster. |
| (2) | In establishing the comprehensive disaster management system under paragraph (1), the following matters shall be included in the system: |
| 1. | A system for responding to disasters: |
| (a) | A system for detecting and diffusing the current status of a disaster; |
| (b) | A system for facilitating decision-making on disaster prevention and responding to each type of disaster; |
| (c) | A system for guidance for refuge and mutual backup; |
| 2. | A system for the management of information about disasters, terrorism, and safety: |
| (a) | Management of information about safety inspections and patrols in vulnerable areas; |
| (b) | Management of hazardous or dangerous substances brought in and taken out; |
| (c) | Information about the management facilities and equipment for fire-fighting and fire prevention; |
| (d) | Management of facilities for crime prevention, security, and preparation against terrorism; |
| 3. | Other matters that the management entity needs. |
| Article 18 (Installation of Refuge Area) |
| (1) | The management entity of a super high-rise building, etc. shall install and operate a refuge area to which full-time workers, residents, and users can be evacuated when a disaster occurs in the building. |
| (2) | No one shall close or block a refuge area under paragraph (1) interfere with the function and performance of the refuge area. |
| (3) | The standards for the installation and operation of a refuge area and the size of such area shall be prescribed by Presidential Decree. |
| Article 19 (Management of Hazardous or Dangerous Substances) |
| (1) | The management entity of a super high-rise building, etc. shall establish and operate a database of location information for the management of hazardous or dangerous substances brought into, and take out from, the building. |
| (2) | When it is anticipated that a hazardous or dangerous substance abandoned by a person is likely to cause an accident, the management entity under paragraph (1) may order the person to remove it or take it out immediately. If an act of terrorism or a similar act by using a hazardous or dangerous substance is anticipated, the management entity may also place restrictions on entrance of vehicles, etc. |
| (3) | When the management entity under paragraph (1) takes a measure under paragraph (2), he/she shall report it to the head of the competent Si/Gun/Gu or the chief of the competent fire station. |
| (4) | Where a facility in a basement uses fire, the management entity under paragraph (1) shall install a system for detecting the leakage of hazardous or dangerous substances and giving warnings automatically. |
| (5) | Matters necessary for the management, etc. of hazardous or dangerous substances shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 20 (Furnishing of Drawings and Specifications) |
The management entity of a super high-rise building, etc. shall furnish drawings and specifications specified by Ordinance of the Ministry of the Interior and Safety in its integrated disaster prevention office under Article 16 in order to prevent, and respond to, disasters, and shall comply with a request from a related authority to make such documents available for inspection. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
CHAPTER III RESPONSE TO, AND ASSISTANCE IN RELIEF OF, DISASTERS
| Article 21 (Establishment of System for Response to, and Assistance in Relief of, Disasters) |
| (1) | In order to mitigate damage when a disaster occurs in a super high-rise building, etc. (including ordinary buildings and structures), the head of each City/Do headquarters and the head of each Si/Gun/Gu headquarters shall establish and operate a support system for the prevention of, preparation for, response to, assistance in relief of, emergency rescue from, disasters, fire-fighting, and aid (hereinafter referred to as "system for response to, and assistance in relief of, disasters") |
| (2) | Matters necessary for the establishment and operation of the system for response to, and assistance in relief of, disasters shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 22 (Organization and Operation of Early Response Team) |
| (1) | The management entity of a super high-rise building, etc. shall organize and operate an early response team to promptly respond to a disaster earlier. |
| (2) | Necessary matters regarding the organization, operation, education, training, and equipment of an early response team shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 23 (Sharing and Diffusion of Disaster Information) |
The management entity of a super high-rise building, etc. shall share and diffuse information about a disaster in the building promptly to full-time workers, residents, and uses in its related area.
| Article 24 (Evacuation and Guidance for Refuge) |
| (1) | When the representative general disaster manager or a general disaster manager finds an emergency at a scene prior to an evacuation order under Article 40 of the Framework Act on the Management of Disasters and Safety, he/she may take measures for evacuating full-time workers, residents, and users and shall instruct occupants and safety wardens to provide guidance for refuge until the refuge is completed. |
| (2) | Upon receipt of evacuation instructions and guidance for refuge pursuant to paragraph (1), a person shall comply with the instructions and guidance. |
| (3) | The management entity of a super high-rise building, etc. shall provide location information notice boards, facilities for guidance for refuge, and images so that full-time workers, residents, and users of the building can find the location information and evacuate quickly. |
Chapter IV SUPPLEMENTARY PROVISIONS
| Article 25 (Entry to Related Areas) |
| (1) | When the Commissioner of the National Fire Agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu intends to direct a competent public official to enter a super high-rise building, etc. (including ordinary buildings and structures) for the management of disasters or for a safety inspection, he/she shall notify persons concerned thereof at least seven days in advance: Provided, That the foregoing shall not apply where it is apparent that a disaster will occur and thus it is found urgent to take a measure or where it is considered necessary to achieve the purpose of a safety inspection, etc. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | A competent public official who enters a place to conduct an inspection pursuant to paragraph (1) shall carry with him/her an identification card indicating his/her authority and shall produce it to persons concerned. |
| (3) | A competent public official who enters a place to conduct an inspection pursuant to paragraph (1) shall not interfere with the legitimate business of a person concerned nor shall divulge confidential information known to him/her in the course of his/her entry and inspection to any other person. |
| Article 26 (Reporting and Inspection) |
| (1) | If the head of a Si/Gun/Gu deems it necessary for the management of disasters in a super high-rise building, etc., he/she may require a person concerned, constructor, or project implementor of the super high-rise building, etc. (including ordinary buildings and structures) to submit data or a report on the management of disasters and safety in relevant facilities therein. |
| (2) | When the head of a Si/Gun/Gu deems it necessary to conduct a field survey as a result of the review of the data submitted pursuant to paragraph (1), he/she may direct a competent public official to enter the related area to conduct a field survey. |
| (3) | Article 25 shall apply mutatis mutandis to entry into a related area under paragraph (2). |
| Article 27 (Research on and Technology Development for Prevention of Disasters and Mitigation of Damage) |
| (1) | The State and a local government shall conduct surveys and research for the prevention of disasters and the mitigation of damage in super high-rise buildings, etc. and shall develop technology therefor. |
| (2) | If it is necessary to research measures for the prevention of disasters and the mitigation of damage in super high-rise buildings, etc., the State or a local government may request a management entity to furnish him/her with data about the management of disasters and safety. In such cases, the management entity shall comply with such request unless there is a compelling reason not to do so. |
| Article 28 (Delegation of Authority) |
| (1) | The head of a City/Do headquarters may delegate part of his/her authority under this Act to the head of a Si/Gun/Gu headquarters, as prescribed by Presidential Decree. |
| (2) | The head of a Si/Gun/Gu headquarters may delegate part of his/her authority under this Act to the head of a fire headquarters or the chief of a fire station, as prescribed by Presidential Decree. |
CHAPTER V PENALTY PROVISIONS
| Article 29 (Penalty Provisions) |
A person who fails to install and operate a refuge area or closes or blocks a refuge area in violation of Article 18 shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won. <Amended on Dec. 26, 2017>
| Article 30 (Penalty Provisions) |
A person who fails to furnish drawings and specifications in violation of Article 20 shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won.
| Article 31 (Penalty Provisions) |
Any of the following persons shall be punished by a fine not exceeding ten million won:
| 1. | A person who refuses, interferes with, or evades a competent public official's entry or inspection without good cause in violation of Article 25; |
| 2. | A person who fails to submit a report or data, makes a false representation in such report or data, or refuses, interferes with, or evades a competent public official's entry or survey without good cause in violation of Article 26. |
| Article 32 (Penalty Provisions) |
Any of the following persons shall be punished by a fine not exceeding three million won: <Amended on Jul. 20, 2015>
| 1. | Any person who fails to designate a general disaster manager, in violation of Article 12 (1); |
| 2. | Any person who interferes with the legitimate business of a person concerned or divulges confidential information which becomes known to him/her in the course of his/her entry and inspection, in violation of Article 25 (3). |
| Article 33 (Administrative Fines) |
Any of the following persons shall be punished by an administrative fine not exceeding five million won:
| 1. | A person who fails to submit a plan for the prevention of disasters and the mitigation of damage, in violation of Article 10 (1); |
| 2. | A person who fails to organize or operate a council for the management of disasters and safety, in violation of Article 11 (1); |
| 3. | A person who fails to organize or operate an early response team, in violation of Article 22 (1). |
| Article 34 (Administrative Fines) |
Any of the following persons shall be punished by an administrative fine not exceeding three million won: <Amended on Jan. 27, 2016>
| 1. | Deleted; <Jul. 20, 2015> |
| 1-2. | Any person who holds a concurrent office, in violation of the proviso to Article 12 (1); |
| 2. | Any person who fails to conduct an educational or training program, in violation of Article 14 (1); |
| 2-2. | Any person who fails to comply with an order to take measures referred to in Article 16 (5); |
| 3. | Any person who fails to submit a report, in violation of Article 19 (3). |
| Article 35 (Imposition and Collection of Administrative Fines) |
Administrative fines under Articles 33 and 34 shall be imposed and collected by the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu, as prescribed by Presidential Decree.
ADDENDA <Act No. 10444, Mar. 8, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Installation of Refuge Area)
Article 18 shall apply to a refuge area on which prior review and consultation on disaster impact is requested for the first time after this Act enters into force.
Article 3 (Transitional Measures concerning Super High-Rise Buildings, etc.)
| (1) | The management entity of an existing super high-rise building, etc. shall formulate, implement, and submit plans for the prevention of disasters and the mitigation of damage under Articles 9 (1) and 10 (1) within six months from the date this Act enters into force, if the approval for use of the building has been granted or the completion inspection has been successfully completed before this Act enters into force, or within six months from the date on which the approval of use is granted or the completion inspection is successfully completed, if an application for the approval for use or an application for the completion inspection is pending when this Act enters into force. |
| (2) | The management entity of an existing super high-rise building, etc. shall install or establish and operate the following facilities within one year from the date this Act enters into force, if the approval for use of the building has been granted or the completion inspection has been successfully completed before this Act enters into force, or within one year from the date on which the approval of use is granted or the completion inspection is successfully completed, if an application for the approval for use or an application for the completion inspection is pending when this Act enters into force: |
| 1. | Establishment and operation of an integrated disaster prevention office under Article 16 (1); |
| 2. | Establishment and operation of a comprehensive disaster management system under Article 17 (1); |
| 3. | Establishment and operation of the database about the management of hazardous or dangerous substances under Article 19 (1). |
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. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the provisions amended under Article 6 of the Addenda which was promulgated before this Act enters into force but the enforcement date for which has not arrived yet shall enter into force on the enforcement date of the relevant Act, respectively. Articles 2 through 7 Omitted.
ADDENDA <Act No. 13422, Jul. 20, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Administrative Fines)
With regard to acts committed before this Act enters into force, the previous provisions shall govern.
ADDENDA <Act No. 13926, Jan. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Suspension of Business Affairs)
The amended provisions of Article 12 (4) shall apply, beginning with a person who fails to receive education executed by the Minister of Public Safety and Security, in violation of the amended provisions of Article 12 (3) after this Act enters into force.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended part of an Act which was promulgated before the enforcement of this Act, but the date on which it enters into force has not yet arrived, among the Acts amended by Article 5 of the Addenda, shall enter into force on the enforcement date of the relevant Act, respectively. Articles 2 through 6 Omitted.
ADDENDUM <Act No. 15302, Dec. 26, 2017>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 15526, Mar. 27, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 24 Omitted.