RESERVOIR AND DAM SAFETY CONTROL AND DISASTER PREVENTION ACT
Act No. 9092, jun. 5, 2008
Amended by Act No. 9276, Dec. 29, 2008
Act No. 9680, May 21, 2009
Act No. 9770, jun. 9, 2009
Act No. 10272, Apr. 15, 2010
Act No. 10331, May 31, 2010
Act No. 10458, Mar. 9, 2011
Act No. 11690, Mar. 23, 2013
Act No. 11897, Jul. 16, 2013
Act No. 11994, Aug. 6, 2013
Act No. 12248, Jan. 14, 2014
Act No. 12844, Nov. 19, 2014
Act No. 13421, Jul. 20, 2015
Act No. 13805, Jan. 19, 2016
Act No. 13797, Jan. 19, 2016
Act No. 13925, Jan. 27, 2016
Act No. 14532, Jan. 17, 2017
Act No. 14545, Jan. 17, 2017
Act No. 14839, Jul. 26, 2017
Act No. 15624, jun. 8, 2018
Act No. 15633, jun. 12, 2018
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to establish an effective system of safety management of reservoirs and dams and to contribute to public safety by prescribing matters necessary for the safe control of reservoirs and dams, preliminary checks and maintenance for the prevention of disasters, countermeasures against disasters, etc. in order to protect life, body, and property, such as farmland, of people from disasters due to the collapse, etc. of reservoirs and dams.
The definitions of the terms used in this Act shall be as follows: <Amended by Act No. 9276, Dec. 29, 2008; Act No. 9680, May 21, 2009; Act No. 11994, Aug. 6, 2013; Act No. 14545, Jan. 17; Act No. 15633, Jun. 12, 2018>
| 1. | The term "reservoir and dam" means a structure installed to stop a river from flowing and to use the impounded water for domestic use, industrial use, agricultural use, improvement of the environment, electricity generation, flood control, ship transport, and other purposes, which shall be the following reservoirs and dams. In such cases, it shall include spillway, auxiliary dams, and any other facilities or structures united together with relevant reservoirs and dams with a view to boosting efficiencies: |
| (d) | Other facilities functioning similarly to reservoirs and dams, which are prescribed by Presidential Decree; |
| 4. | and 5. Deleted; <by Act No. 13925, Jan. 27, 2016> |
| 6. | The term "disaster" means the breaking, loss, etc. of the embankment of each reservoir and dam, and any accessory structure or part thereof, and any damage arising therefrom; |
| 7. | The term "safety management" means all the activities, such as safety checks, detailed safety examinations, maintenance, repair, reinforcement, restriction on use, and demolition, performed by the caretaker of each reservoir and dam under related statutes, such as the Special Act on the Safety Control and Maintenance of Establishments and the Agricultural and Fishing Villages Improvement Act, in order to prevent the occurrence of disasters related to reservoirs and dams, and protect public safety. |
| Article 3 (Duties of Caretakers of Reservoirs and Dams) |
The caretaker of each reservoir and dam shall comply with the safety management standards under Article 6 to decrease disasters that may arise at the reservoir and dam under his/her control; shall strive to ensure safety, such as safety checks, detailed safety examinations, repair, and reinforcement of reservoirs and dams; and shall safely evacuate all residents or other persons in the relevant area in order to help prevent any damage to people's lives or bodies where disasters occur or are likely to occur.
CHAPTER II SAFETY MANAGEMENT OF RESERVOIRS AND DAMS
| Article 4 (Central Reservoir and Dam Safety Management Committee) |
| (1) | A central reservoir and dam safety management committee (hereinafter referred to as the "Central Committee") shall be established under the control of the Minister of the Interior and Safety in order to deliberate on the following matters concerning the safety management of reservoirs and dams: <Amended by Act No. 11994, Aug. 6, 2013; Act No. 13925, Jan. 27, 2016; Act No. 14839, Jul. 26, 2017> |
| 1. | Matters concerning the master plan for the maintenance of reservoirs and dams in danger of disaster under Article 12 (4); |
| 2. | Matters concerning technical improvement, such as the safety management of reservoirs and dams under Article 24 (1); |
| 3. | Matters concerning education and training under Article 25 (1); |
| 4. | Other matters prescribed by Presidential Decree. |
| (2) | The Central Committee shall be comprised of not more than 13 members, including one chairperson and one vice chairperson. <Amended by Act No. 15633, Jun. 12, 2018> |
| (3) | The head of the headquarters of the Ministry of the Interior and Safety, in charge of the disaster and safety management, shall serve as the chairperson, and the vice chairperson shall be elected from among and by the Committee members. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 13925, Jan. 27, 2016; Act No. 14839, Jul. 26, 2017> |
| (4) | The following persons shall serve as its members: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017; Act No. 15624, Jun. 8, 2018; Act No. 15633, Jun. 12, 2018> |
| 1. | Persons designated by the Minister of the Interior and Safety from among the public officials of director-general grade or higher in the bureau in charge of natural disaster-related duties in the Ministry of the Interior and Safety; |
| 2. | Persons designated by the Minister of Strategy and Finance, the Minister of Agriculture, Food and Rural Affairs, the Minister of Trade, Industry and Energy, and the Minister of Environment; |
| 3. | Persons commissioned by the Minister of the Interior and Safety from among the persons with extensive knowledge and experience in preventing disasters. |
| (5) | The term of office for the members other than public officials shall be two years: Provided, That the term of office for a person newly appointed as a result of his/her predecessor's resignation shall be the remaining term of office for his/her predecessor. |
| (6) | Where it is necessary to provide efficient support for the Central Committee, a working committee may be established. |
| (7) | Matters necessary for the composition, operation, etc. of the Central Committee and the working committee shall be prescribed by Presidential Decree. |
| Article 5 (City/Do Reservoir and Dam Safety Management Committee) |
| (1) | The City/Do Reservoir and Dam Safety Management Committee (hereinafter referred to as the "City/Do Committee") shall be established under the control of 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"). <Amended by Act No. 13925, Jan. 27, 2016> |
| (2) | Where necessary to provide efficient support for the City/Do Committee, a working committee may be established. |
| (3) | Matters necessary for the composition, operation, etc. of each City/Do Committee and working committee shall be prescribed by municipal ordinances of the relevant local government. |
| Article 6 (Standards for Safety Management) |
| (1) | The heads of relevant central administrative agencies shall determine and publicly notify the detailed standards for safety management of the design, construction, maintenance, management and operation of reservoirs and dams (hereinafter referred to as "standards for safety management"), as prescribed by Presidential Decree. The same shall apply to any subsequent modification thereof. |
| (2) | When necessary to determine and modify the standards for safety management, the heads of relevant central administrative agencies may request the caretaker of each reservoir and dam and relevant specialists to submit relevant materials. |
| Article 7 (Safety Checks) |
| (3) | The caretaker of each reservoir and dam shall submit the findings of safety checks under paragraph (1) and of detailed safety examinations under paragraph (2) to a person classified in the following: <Amended by Act No. 13925, Jan. 27, 2016; Act No. 15633, Jun. 12, 2018> |
| 1. | Where the caretaker of a reservoir and dam is the head of a Si/Gun/Gu: The head of the related central administrative agency; |
| 2. | Where the caretaker of a reservoir and dam is not the head of a Si/Gun/Gu: The head of the competent Si/Gun/Gu and the head of the related central administrative agency. |
| Article 8 (Joint Safety Checks) |
| (1) | Where necessary for the safety of reservoirs and dams, the Minister of the Interior and Safety may conduct safety checks jointly with the heads of related central administrative agencies and the caretaker of each reservoir and dam. <Amended by Act No. 11994, Aug. 6, 2013; Act No. 13925, Jan. 27, 2016; Act No. 14839, Jul. 26, 2017> |
| (2) | The facilities subject to joint safety checks under paragraph (1) shall be prescribed by Presidential Decree. |
| (3) | Where deemed necessary for the safety of reservoirs and dams as a result of joint safety checks under paragraph (1), the Minister of the Interior and Safety may recommend improvement or order correction to the caretaker of each reservoir and dam. <Amended by Act No. 11994, Aug. 6, 2013; Act No. 13925, Jan. 27, 2016; Act No. 14839, Jul. 26, 2017> |
CHAPTER III DESIGNATION AND MAINTENANCE OF RESERVOIRS AND DAMS IN DANGER OF DISASTER
| Article 9 (Designation and Maintenance of Reservoirs and Dams in Danger of Disaster) |
| (1) | Where the head of a Si/Gun/Gu deems that the reservoirs and dams under his/her jurisdiction are in significant danger of disaster as a result of safety checks under Articles 7 and 8, he/she shall designate them as the reservoirs and dams in danger of disaster (hereinafter referred to as "dangerous reservoirs and dams") and publicly notify such designation, as prescribed by Presidential Decree, and shall take necessary safety measures: Provided, That the caretaker of the reservoirs and dams is not the head of a Si/Gun/Gu, the head of the competent Si/Gun/Gu shall designate the relevant reservoirs and dams as dangerous reservoirs and dams and publicly notify such designation, as prescribed by Presidential Decree, after prior consultation with the caretaker of the reservoirs and dams, and shall immediately notify the caretaker of the details, thereby authorizing him/her to take necessary safety measures. <Amended by Act No. 13925, Jan. 27, 2016; Act No. 15633, Jun. 12, 2018> |
| (3) | The caretaker of each reservoir and dam shall install various measuring facilities or observation facilities at the dangerous reservoir and dam, and conduct measurement and observation periodically, and record and manage them. |
| (4) | The caretaker of each reservoir and dam (excluding the head of a Si/Gun/Gu) shall submit the information under paragraph (3) to the head of the competent Si/Gun/Gu so that they may be utilized for implementing countermeasures against disasters, such as the evacuation of residents. <Amended by Act No. 13925, Jan. 27, 2016; Act No. 15633, Jun. 12, 2018> |
| (5) | Where the reservoirs and dams controlled by the head of a Si/Gun/Gu are designated and publicly notified as dangerous reservoirs and dams under paragraph (1), such reservoirs and dams shall be deemed to be designated and publicly notified as areas zoned to eliminate the danger of natural disasters under Article 12 (1) of the Countermeasures against Natural Disasters Act. <Amended by Act No. 11897, Jul. 16, 2013> |
| (6) | Other matters necessary for the designation of dangerous reservoirs and dams as areas zoned to eliminate the danger of natural disasters under paragraph (5) shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 11897, Jul. 16, 2013> |
| (7) | The State may fully or partially pay or subsidize expenses necessary to conduct a maintenance project of dangerous reservoirs and dams pursuant to paragraph (2). <Newly Inserted by Act No. 13421, Jul. 20, 2015> |
| Article 10 (Entrusted Implementer) |
| (1) | Those who can implement the maintenance and management work and the maintenance project of dangerous reservoirs and dams after being entrusted with such work by the head of a Si/Gun/Gu under Articles 11 and 13 (hereinafter referred to as "entrusted implementer") shall be as follows: <Amended by Act No. Dec. 29, 2008> |
| 4. | A legal entity invested and established by persons falling under subparagraphs 1 through 3 or by local governments for the purpose of maintenance projects. |
| (2) | Matters necessary for the establishment, etc. of the legal entity under paragraph (1) 4 shall be prescribed by Presidential Decree. |
| Article 11 (Entrusted Management of Dangerous Reservoirs and Dams) |
| (1) | Where the head of a Si/Gun/Gu acknowledges it necessary for the maintenance and management of dangerous reservoirs and dams under his/her control, he/she may entrust the duty of maintenance and management to an implementer. |
| (2) | Where the head of a Si/Gun/Gu entrusts his/her duty under paragraph (1), he/she shall select an entrusted caretaker of each dangerous reservoir and dam (hereinafter referred to as "entrusted caretaker") from among the entrusted implementers who have submitted a plan for incidental business to meet the expenses needed for maintenance and management (hereinafter referred to as "incidental business plan"). |
| (3) | Where the head of a Si/Gun/Gu entrusts the duty of maintenance and management prescribed in paragraph (1), he/she shall bear the expenses needed for the maintenance and management of dangerous reservoirs and dams: Provided, That the entrusted caretaker redeems the investment from the incidental business or is able to meet the expenses of maintenance and management, this shall not apply. |
| (4) | Matters necessary for the selection of an entrusted caretaker, etc. under paragraph (2) shall be prescribed by Presidential Decree. |
| Article 12 (Designation of Maintenance District of Dangerous Reservoirs and Dams) |
| (1) | Where the reservoirs and dams under management fall under any of the following, the head of a Si/Gun/Gu shall establish a master plan for the maintenance of dangerous reservoirs and dams (hereinafter referred to as "master plan for maintenance"), and designate them as a maintenance district of dangerous reservoirs and dams (hereinafter referred to as "maintenance district") and publicly notify such designation after obtaining approval from the Minister of the Interior and Safety, as prescribed by Presidential Decree: Provided, That as for a master plan for maintenance for the designation of a maintenance district of a size smaller than the one prescribed by Presidential Decree (excluding a master plan established by a Special Self-Governing City Mayor), approval from the competent Mayor/Do Governor (excluding a Special Self-Governing City Mayor; hereinafter the same shall apply in paragraphs (4) and (5)) shall be obtained: <Amended by Act No. 12844, Nov. 19, 2014; Act No. 13925, Jan. 27, 2016; Act No. 14839, Jul. 26, 2017; Act No. 15633, Jun. 12, 2018> |
| 1. | Where it is deemed urgent to implement the maintenance project of dangerous reservoirs and dams for the purpose of ensuring safety of the reservoir and dam and raising the efficiency thereof, etc.; |
| 2. | Where it is deemed necessary to take measures, such as conversion, to another use, for the prevention of disasters because the reservoir and dam have lost their original purposes and functions. |
| (2) | The master plan for maintenance shall include the following matters: |
| 1. | Objectives and direction of a master plan for maintenance; |
| 2. | Scope of a maintenance district; |
| 3. | Plan to increase the safety and efficiency of reservoirs and dams; |
| 4. | Details of the maintenance project of dangerous reservoirs and dams, and funding plans; |
| 5. | Incidental business plan for the redemption of investment; |
| 6. | Plan for the maintenance and management of dangerous reservoirs and dams after the implementation of the maintenance project; |
| 7. | Other matters prescribed by Presidential Decree. |
| (3) | Each entrusted implementer may request the head of a Si/Gun/Gu to file an application for the designation of a maintenance district, accompanied by a master plan for maintenance, as 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> |
| (4) | Where the head of a Si/Gun/Gu has filed an application for approval of the master plan for maintenance under paragraph (1), the Minister of the Interior and Safety or the Mayor/Do Governor shall grant such approval after consultation with the head of a related central administrative agency and deliberation by the Central Committee or City/Do Committee. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (5) | Where it is necessary for deliberation on the master plan for maintenance under paragraph (4), the Minister of the Interior and Safety or the Mayor/Do Governor may request the attendance of interested parties or require the related agency to submit data. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (6) | The kinds of incidental business under Articles 11 (2) and 12 (2) 5 shall be as follows: <Amended by Act No. 10458, Mar. 9, 2011> |
| 7. | Other business prescribed by Presidential Decree. |
| Article 13 (Dangerous Reservoir and Dam Maintenance Projects) |
| (1) | Where the head of a Si/Gun/Gu has designated and publicly notified a maintenance district under Article 12 (1), he/she may directly implement the project for the maintenance of dangerous reservoirs and dams (hereinafter referred to as "maintenance project") in order to promote the maintenance of dangerous reservoirs and dams, or implement it by entrustment. |
| (2) | Where the head of a Si/Gun/Gu intends to entrust maintenance projects as prescribed in paragraph (1), he/she shall designate a project implementer for the maintenance of dangerous reservoirs and dams (hereinafter referred to as "maintenance project implementer"), as prescribed by Presidential Decree, from among the entrusted implementers. In such cases, where the maintenance district has been designated at the request of the entrusted implementer under Article 12 (3), he/she may designate the relevant entrusted implementer who has filed an application for such designation as a maintenance project implementer. |
| (3) | Any person who has been designated as a maintenance project implementer under paragraph (2), shall establish an action plan for maintenance project (hereinafter referred to as "project action plan") as prescribed by Presidential Decree within two years from the date of designation, and file an application to the Mayor/Do Governor for approval through the head of a Si/Gun/Gu: Provided, That a person designated as a maintenance project implementer by a Special Self-Governing City Mayor shall file an application for approval directly to the Special Self-Governing City Mayor. <Amended by Act No. 15633, Jun. 12, 2018> |
| (4) | Where a maintenance project implementer has filed an application for approval after establishing a project action plan under paragraph (3), the Mayor/Do Governor shall grant approval therefor and give public notice thereof after prior consultation with the related administrative agency and deliberation of the City/Do Committee. |
| Article 14 (Implementation and Supervision of Maintenance Projects) |
| (1) | Each maintenance project implementer shall submit a report on the commencement of construction work to the Mayor/Do Governor through the head of a Si/Gun/Gu within one year from the date on which the project action plan was publicly notified under Article 13 (4) and shall start the project: Provided, That a person designated as a maintenance project implementer by a Special Self-Governing City Mayor shall submit a report on the commencement of construction work directly to the Special Self-Governing City Mayor, before starting the project. <Amended by Act No. 15633, Jun. 12, 2018> |
| (2) | Each maintenance project implementer shall regularly report the state of project promotion to the relevant Mayor/Do Governor and the head of the relevant Si/Gun/Gu, as 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) | Where deemed necessary to prevent disasters and facilitate projects as a result of examination of the place of business, the Mayor/Do Governor or the head of a Si/Gun/Gu may issue a corrective order to the maintenance project implementer as prescribed by Ordinance of the Ministry of the Interior and Safety, and the maintenance project implementer shall comply with such order, unless there is a compelling reason not to do so. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (4) | Where the maintenance project implementer has not started the project within one year under paragraph (1) without good cause, the Mayor/Do Governor may cancel the approval of a project action plan. |
| (5) | Where the Mayor/Do Governor has cancelled the approval of a project action plan pursuant to paragraph (4), he/she shall publicly announce such cancellation as prescribed by Ordinance of the Ministry of the Interior and Safety. In such cases, the Mayor/Do Governor (excluding a Special Self-Governing City Mayor) shall notify the cancellation of the approval of the project action plan to the head of the relevant Si/Gun/Gu. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017; Act No. 15633, Jun. 12, 2018> |
| Article 15 (Inspection on Completion of Construction and Public Announcement of Conclusion of Projects) |
| (1) | When a maintenance project implementer has completed maintenance project, he/she shall submit a report on the completion of construction to the Mayor/Do Governor through the head of a Si/Gun/Gu without delay: Provided, That a person designated as a maintenance project implementer by a Special Self-Governing City Mayor shall submit a report on the completion of construction directly to the Special Self-Governing City Mayor. <Amended by Act No. 15633, Jun. 12, 2018> |
| (2) | The Mayor/Do Governor who has received a report on the completion of construction under paragraph (1) shall conduct an inspection of the completed construction as prescribed by Presidential Decree, and shall deliver a certificate of completion where it has been completed in compliance with the master plan for maintenance and project action plan, and shall publicly announce the completion of the project. |
| (3) | When the completion of the project has been publicly announced under paragraph (2), the designation of a maintenance district shall be deemed to have been cancelled on the date of the public announcement. |
| Article 16 (Public Opinions of Residents, etc.) |
| (1) | Where the head of a Si/Gun/Gu or each maintenance project implementer intends to establish a master plan for maintenance and project action plan, he/she shall hear the opinions of the residents, etc. before filing an application for approval of a master plan for maintenance or of a project action plan. |
| (2) | Detailed matters concerning the hearing of the opinions of residents, etc. under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 17 (Restriction on Acts, etc.) |
Those who intend to perform an act prescribed by Presidential Decree in the maintenance district, such as changes of the form and quality of land, construction of a building, installation of a structure, and collection of soil, stones, sand and gravel, shall obtain permission from the head of the competent Si/Gun/Gu. The same shall also apply to any modification of permitted matters: Provided, That a person who has already obtained permission to change the form and quality of land, construct a building, install a structure, collect soil, stones and gravel, and engage in other acts, under the related statutes and has started the construction or project at the time the maintenance district was designated and publicly notified, may continue to engage in such acts after making a report as 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>
| Article 18 (Access, etc. to Land) |
| (1) | When the maintenance project implementer intends to conduct an inspection or survey for the designation of a maintenance district or for the preparation of a master plan for maintenance or a project action plan, or when it is necessary for the implementation of maintenance project, he/she may enter and exit land occupied by a third party or use a third party's land temporarily and change or remove trees, earth, stones, etc. (hereinafter referred to as "tree, etc.") or other obstacles. |
| (2) | Those who intend to have access to a third party's land, use a third party's land temporarily, or change or remove trees, etc. or other obstacles pursuant to paragraph (1), shall obtain prior approval from the owner, occupier, or caretaker of the relevant land or obstacles (hereinafter referred to as "interested party"): Provided, That where it is impossible to obtain such approval due to the absence from the site or unknown address or whereabouts of an interested party, permission of the head of the competent Si/Gun/Gu shall be obtained. |
| (3) | Anyone who intends to perform an act under paragraph (1), shall carry a certificate indicating his/her authority, and present such certificate to interested person(s). |
| Article 19 (Compensation for Loss from Access to Land, etc.) |
| (1) | The project implementer, etc. shall compensate a person for any loss incurred as a result of the act referred to in Article 18 (1). |
| (2) | The project implementer, etc. and the person who has suffered loss, shall undertake joint consultation on compensation for loss under paragraph (1). |
| (3) | When a compromise is not reached through the consultation under paragraph (2) or it is hard to hold a consultation, a ruling of the competent land tribunal may be requested. |
| Article 20 (Expropriation and Use of Land, etc.) |
| (1) | The caretaker of each reservoir and dam may expropriate or use land, buildings, articles fixed on the land, rights thereto other than ownership, mining rights, fishing rights, and rights to use water (hereinafter referred to as "land, etc.") necessary for safety checks, detailed safety examinations, establishment of maintenance plans, and implementation of maintenance project for reservoirs and dams. |
| Article 21 (Legal Fiction of Related Authorization, Permission, etc.) |
Where the Mayor/Do Governor has approved a project action plan after prior consultation with the related administrative agency pursuant to Article 13 (4), the following approval, permission, authorization, report, consultation, etc. (hereinafter referred to as "authorization, permission, etc.") shall be deemed to have been granted, and authorization, permission, etc. under the related Act shall be deemed to have been publicly notified and announced when the project action plan has been approved and publicly notified: <Amended by Act No. 9770, Jun. 9, 2009; Act No. 10272, Apr. 15, 2010; Act No. 10331, May 31, 2010; Act No. 12248, Jan. 14, 2014; Act No. 13797 & 13805, Jan. 19, 2016; Act No. 14532, Jan. 17, 2017> | 2. | Deleted; <by Act No. 10272, Apr. 15, 2010> |
| Article 22 (Cooperation among Relevant Authorities and Assistance) |
| (1) | Where short-term, medium-term, and long-term project plans for roads, rivers, and others relating to the prevention of disasters in a zone designated as a maintenance district have been formulated, the head of a related central administrative agency, the Mayor/Do Governor, and the head of a Si/Gun/Gu shall have the investment in the project under their control related to the master plan for maintenance, take precedence over others. <Amended by Act No. 15633, Jun. 12, 2018> |
| (2) | The head of a related central administrative agency shall give priority to supporting local development projects, such as education, medical treatment, transportation, culture, and the environment, relating to the master plan for maintenance, in order to increase the efficiency of a maintenance project. |
| (3) | Detailed matters necessary for the provisions of paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
CHAPTER IV SUPPLEMENTARY PROVISIONS
| Article 23 (Investigation into Accidents) |
| (1) | When an accident, such as collapse and breakage of reservoirs and dams, has occurred, the head of Central Countermeasure Headquarters or the head of a related administrative agency shall organize an investigation unit comprised of related public officials, specialists, etc. without delay and investigate into such accident and shall take necessary measures, such as the supplementation of safety management standards, technological research, and education, according to the results thereof. <Amended by Act No. 11994, Aug. 6, 2013> |
| (2) | When the head of a related administrative agency has investigated an accident, such as collapse and breakage of reservoirs and dams under paragraph (1), he/she shall submit such investigation results to the head of Central Countermeasure Headquarters without delay. <Amended by Act No. 11994, Aug. 6, 2013> |
| Article 24 (Improvement of Technology) |
| (1) | The Minister of the Interior and Safety shall devise a policy for technological improvement, such as safety management standards for safety management and disaster prevention at reservoirs and dams in cooperation with the head of a related central administrative agency. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | The head of a central administrative agency and the head of a related agency who construct or manage reservoirs and dams, shall actively cooperate on the technological improvement policy under paragraph (1). |
| Article 25 (Education and Training) |
| (1) | The Minister of the Interior and Safety shall establish and implement a plan for education and training in order to improve the ability of persons engaged in the safety management of reservoirs and dams. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | Those who are engaged in the safety management of reservoirs and dams shall undergo education offered by the Minister of the Interior and Safety, as prescribed by Presidential Decree. In such cases, where a person has received education on the safety management of reservoirs and dams as prescribed by other Acts, he/she shall be deemed to have received education under this Act. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (3) | The Minister of the Interior and Safety may have related institutions, organizations, etc. provide education and training under paragraphs (1) and (2) on his/her behalf, as prescribed by Presidential Decree. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (4) | Other matters necessary for the procedures, etc. for establishing a plan for education and training shall be prescribed by Presidential Decree. |
| Article 26 (Establishment of Information System of Reservoirs and Dams) |
| (1) | The Minister of the Interior and Safety shall establish a system for the supply of comprehensive and unified information and for the accumulation and dissemination of technology by establishing a database for the safety management and prevention of disasters at reservoirs and dams. <Amended by Act No. 11994, Aug. 6, 2013; Act No. 13925, Jan. 27, 2016; Act No. 14839, Jul. 26, 2017> |
| (2) | The Minister of the Interior and Safety may request necessary information from the caretaker of each reservoir and dam with regard to the establishment, etc. of the database under paragraph (1). <Amended by Act No. 11994, Aug. 6, 2013; Act No. 13925, Jan. 27, 2016; Act No. 14839, Jul. 26, 2017> |
| Article 27 (Confidentiality) |
Any person who has conducted or conducts safety checks, detailed safety examination, and joint safety checks under Articles 7 and 8, shall neither disclose confidential information that he/she became aware of in the course of performing his/her duties, nor use it for a purpose other than the original purpose: Provided, That this shall not apply where the Minister of the Interior and Safety deems it necessary for the safety management of reservoirs and dams. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
| Article 28 (Delegation and Entrustment of Authority) |
| (1) | The Minister of the Interior and Safety may delegate part of his/her authority under this Act to the Mayor/Do Governor, or entrust such authority to related institutions, as prescribed by Presidential Decree. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (2) | The Mayor/Do Governor (excluding a Special Self-Governing City Mayor) may re-delegate part of the authority that has been delegated to him/her under paragraph (1) to the head of a Si/Gun/Gu with the consent of the Minister of the Interior and Safety. <Amended by Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017; Act No. 15633, Jun. 12, 2018> |
| Article 29 (Administrative Dispositions against Violators of Acts, etc.) |
| (1) | In any of the following cases, the head of Central Countermeasure Headquarters, the Minister of the Interior and Safety, or the head of a relevant local government may order measures, such as the cancellation of approval, permission or designation, the suspension of construction, and the reconstruction, change, moving, removal, etc. of articles, or may impose other necessary dispositions: <Amended by Act No. 11994, Aug. 6, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| 1. | Where a corrective order issued under Articles 8 (3) and 14 (3) has been violated; |
| 2. | Where approval of a master plan for maintenance under Article 12 (1) has been obtained by improper means; |
| 3. | Where approval of a project action plan under Article 13 (4) has been obtained by improper means; |
| 4. | Where this Act, or orders or dispositions under this Act have been violated. |
| (2) | When the head of Central Countermeasure Headquarters, the Minister of the Interior and Safety, or the head of a relevant local government has ordered measures or issued a disposition under paragraph (1), he/she shall publicly notify such measures or disposition, and the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu shall report important matters to the Minister of the Interior and Safety. <Amended by Act No. 11994, Aug. 6, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017; Act No. 15633, Jun. 12, 2018> |
| (3) | Where the head of Central Countermeasure Headquarters, the Minister of the Interior and Safety, or the head of the relevant local government intends to cancel approval, permission, or designation under paragraph (1), he/she shall hold a hearing. <Amended by Act No. 11994, Aug. 6, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
CHAPTER V PENALTY PROVISIONS
| Article 30 (Penalty Provisions) |
| (1) | Any person who causes severe damage to reservoirs and dams and thus pose a danger to public safety by not taking necessary measures, such as the repair and reinforcement of reservoirs and dams under Article 3 or by not taking such measures faithfully shall be punished by imprisonment with labor for not more than ten years. |
| (2) | Any person who inflicts injury upon another person by committing a crime under paragraph (1) shall be punished by imprisonment with labor for not less than one year, and any person who causes the death of another person shall be punished by imprisonment with labor for an indefinite term or by imprisonment with labor for not less than three years. |
| (3) | Any person who commits a crime under paragraph (1) by occupational or gross negligence shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won. |
| (4) | Any person who causes the death of or inflicts injury upon another person by occupational or gross negligence by committing a crime under paragraph (1) shall be punished by imprisonment with labor for not more than ten years or by a fine not exceeding 100 million won. |
| Article 31 (Penalty Provisions) |
Any person who discloses confidential information that he/she became aware of in the course of performing his/her duties, in violation of Article 27, or uses it for a purpose other than the original purpose shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won.
| Article 32 (Joint Penalty Provisions) |
| (1) | Where the representative of a corporation, or an agent or employee of, or other persons employed by, the corporation or an individual commits any violations referred to in Article 30 in conducting the business affairs of the corporation or individual, the corporation or individual shall, in addition to punishing the violators accordingly, be subject to a fine not exceeding one billion won: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such violations. |
| (2) | When the representative of a corporation, or an agent or employee of, or other persons employed by, the corporation or an individual commits any violations referred to in Article 31 in conducting the business affairs of the corporation or individual, the corporation or individual shall, in addition to punishing the violators accordingly, be subject to a fine under the same Article: Provided, That this shall not apply to where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such violations. |
| Article 33 (Administrative Fines) |
| (1) | Any person who conducts an act under Article 18 (1) without obtaining approval or permission under paragraph (2) of the same Article, shall be subject to an administrative fine not exceeding ten million won. |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding three million won: |
| 1. | A person who fails to conduct safety checks under Article 7 (1) or has not conducted it faithfully: |
| 2. | A person who conducts an act under Article 17 without obtaining permission of the head of a Si/Gun/Gu; |
| 3. | A person who obstructs an act under Article 18 (1) without good cause; |
| 4. | A person who refuses, obstructs, or evades an inspection under Article 23 (1); |
| 5. | A person who fails to receive education under Article 25 (2). |
| (3) | Administrative fines under paragraphs (1) and (2) 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. 15633, Jun. 12, 2018> |
| (4) | through (6) Deleted. <by Act No. 15633, Jun. 12, 2018> |
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force one year after the date of its promulgation. |
ADDENDA <Act No. 9276, Dec. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 9680, May 21, 2009>
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. 9770, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2010. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 10272, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 14 Omitted.
ADDENDA <Act No. 10331, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Act No. 10458, Mar. 9, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year and six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 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. 11897, Jul. 16, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Constructive Designation of Dangerous Reservoirs and Dams as Areas Zoned for Elimination of Danger of Natural Disasters)
Among the reservoirs and dams controlled by the head of a Si/Gun/Gu which are designated and publicly notified as dangerous reservoirs and dams under Article 9 (1) before this Act enters into force, those which fail to be designated and publicly notified as areas zoned to eliminate the danger of natural disasters under Article 12 (1) of the Countermeasures against Natural Disasters Act shall be deemed to be designated and publicly notified as areas zoned to eliminate the danger of natural disasters under Article 12 (1) of the Countermeasures against Natural Disasters Act on the date this Act enters into force.
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.
ADDENDA <Act No. 12248, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 25 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 13421, Jul. 20, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13797, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDA <Act No. 13805, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on August 12, 2016.
Articles 2 through 22 Omitted.
ADDENDUM <Act No. 13925, Jan. 27, 2016>
This Act shall enter into force on the date of its promulgation.
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. 14545, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 15 Omitted.
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. 15624, Jun. 8, 2018>
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 4 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 5 Omitted.
ADDENDUM <Act No. 15633, Jun. 12, 2018>
This Act shall enter into force on the date of its promulgation.