ENFORCEMENT DECREE OF THE OVERSEAS EMERGENCY RELIEF ACT
Presidential Decree No. 20320, Oct. 10, 2007
Amended by Presidential Decree No. 20581, Jan. 31, 2008
Presidential Decree No. 20673, Feb. 29, 2008
Presidential Decree No. 21920, Dec. 30, 2009
Presidential Decree No. 22075, Mar. 15, 2010
Presidential Decree No. 22144, May 4, 2010
Presidential Decree No. 23549, Jan. 26, 2012
Presidential Decree No. 24424, Mar. 23, 2013
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 29686, Apr. 16, 2019
| Article 2 (Categories of Overseas Emergency Relief) |
"Matters prescribed by Presidential Decree" in subparagraph 7 of Article 5 of the Overseas Emergency Relief Act (hereinafter referred to as the "Act") means the following matters: <Amended by Presidential Decree No. 23549, Jan. 26, 2012> | 1. | Inspecting the scale of damage and estimating such demand for emergency relief in a disaster; |
| 2. | Other matters the head of a headquarters for overseas emergency relief under Article 10 (1) of the Act (hereinafter referred to as "headquarters for relief") deems necessary for overseas emergency relief. |
| Article 3 (Formulation of Basic Measures for Overseas Emergency Relief) |
"Matters prescribed by Presidential Decree in connection with overseas emergency relief" in Article 6 (1) 8 of the Act means the following: <Amended by Presidential Decree No. 23549, Jan. 26, 2012> | 1. | Establishing a system for cooperation among central administrative agencies in overseas emergency relief; |
| 2. | Matters the head of a headquarters for relief deems necessary, such as collecting information about overseas disasters and formulating guidelines for managing overseas disasters. |
| Article 3-2 (Establishment of Health Care Activity System) |
| 1. | Training human resources specialized in health care, who can work at the scene of overseas disasters; |
| 2. | Establishing a system for cooperation with private medical institutions in preparation for dispatching a medical support team in an overseas disaster. |
[This Article Newly Inserted by Presidential Decree No. 23549, Jan. 26, 2012]
| Article 3-3 (Scope and Methods of Fact-Finding Surveys) |
| (1) | The scope of fact-finding surveys in Article 6-3 (1) of the Act (hereinafter referred to as “fact-finding surveys”) shall be as follows: |
| 1. | Current status on stockpiling, storage, maintenance, inspection, etc. of relief supplies and equipment, including medical facilities; |
| 2. | Current status on establishment and operation of a system for rapid mobilization and transportation of relief personnel and supplies; |
| 3. | Other matters the Minister of Foreign Affairs recognizes to be important in connection with overseas emergency relief activities. |
| (2) | Fact-finding surveys may be conducted by statistical survey, documentary survey, or field survey, etc. |
[This Article Newly Inserted by Presidential Decree No. 29686, Apr. 16, 2019]
| Article 4 (Scope of Large-Scale Overseas Disasters) |
"Large-scale overseas disaster prescribed by Presidential Decree" in Articles 7 and 8 (1) of the Act means a disaster that the Minister of Foreign Affairs deems an overseas disaster for which assistance from the international society is needed because the scale of damage is socially and economically extensive in view of the loss of lives, the loss of property, and/or other factors. <Amended by Presidential Decree No. 22144, May 4, 2010; Presidential Decree No. 24424, Mar. 23, 2013>
| Article 5 (Composition and Operation of Council) |
| (1) | The public-private joint council for overseas emergency relief established pursuant to Article 8 (1) of the Act (hereinafter referred to as the "Council") shall be comprised of not more than 20 members, including one chairperson; and the following persons shall serve as council members. If an administrative agency has at least two vice ministers in such cases, the vice minister designated by the head of the relevant administrative agency shall serve as a council member: <Amended by Presidential Decree No. 22144, May 4, 2010; Presidential Decree No. 23549, Jan. 26, 2012; Presidential Decree No. 24424, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017; Presidential Decree No. 29686, Apr. 16, 2019> |
| 1. | The Vice Minister of Economy and Finance; |
| 2. | The Vice Minister of National Defense; |
| 3. | The Vice Minister for Disaster and Safety Management under the Ministry of the Interior and Safety; |
| 4. | The Vice Minister of Trade, Industry and Energy; |
| 5. | The Vice Minister of Health and Welfare; |
| 6. | The Vice Minister of Land, Infrastructure and Transport; |
| 7. | The Administrator of the National Fire Agency; |
| 8. | The Commissioner General of the Korea Coast Guard; |
| 9. | The First Vice Minister of the Office for Government Policy Coordination; |
| 11. | Other public officials appointed by the chairperson of the Council (hereinafter referred to as the "Chairperson"), from among public officials of related central administrative agencies at vice minister level; |
| 12. | The heads of cooperations and organizations designated by the Chairperson, from among those involved in overseas emergency relief; |
| 13. | Persons commissioned by the Chairperson, from among persons who have abundant knowledge and experience. |
| (2) | The term of office of each commissioned council member shall be two years and may be renewed consecutively. |
| (3) | The Chairperson shall represent the Council and shall administer all business affairs of the Council. |
| (4) | If the Chairperson is unable to perform his/her duties in extenuating circumstances, the person designated by the Chairperson, from among public officials of the Ministry of Foreign Affairs, shall act on his/her behalf. <Amended by Presidential Decree No. 23549, Jan. 26, 2012; Presidential Decree No. 24424, Mar. 23, 2013> |
| (5) | A majority of the members of the Council shall constitute a quorum, and any decision thereof shall require the concurring votes of at least a majority of those present: Provided, That if the Chairperson deems a decision by the Council is urgent or that it is unnecessary to call a face-to-face meeting, the Council may make a decision in writing, and such decision shall require the concurring votes of at least a majority of current council members. <Amended by Presidential Decree No. 23549, Jan. 26, 2012> |
| (6) | If a council member (excluding the council members commissioned under paragraph (1) 13) is unable to attend a meeting of the Council due to inevitable circumstances, he/she may appoint a proxy to attend the meeting and to vote on his/her behalf. <Newly Inserted by Presidential Decree No. 23549, Jan. 26, 2012> |
| (7) | If necessary for efficiently performing tasks, the Council may have a working committee. <Newly Inserted by Presidential Decree No. 23549, Jan. 26, 2012> |
| (8) | Allowances and travel expenses may be paid to Council members, etc. and the working committee, within budgetary limits: Provided, That the foregoing shall not apply to a public official serving as a council member who attends a meeting of the Council or of the working committee in direct connection with any assigned duty. <Newly Inserted by Presidential Decree No. 23549, Jan. 26, 2012> |
| Article 6 (Administrative Matters of Related Central Administrative Agencies, etc.) |
Pursuant to Article 9 (3) of the Act, the heads of related central administrative agencies and the head of related corporations and organizations shall take responsibility for the following matters: <Amended by Presidential Decree No. 20673, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 22144, May 4, 2010; Presidential Decree No. 23549, Jan. 26, 2012; Presidential Decree No. 24424, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> | 1. | The Minister of the Interior and Safety: Collecting information about those who have died and their surviving family members (limited to Korean nationals; hereafter the same shall apply in this Article) and administrative guidance for registering collection of donations under the Act on Collection and Use of Donations and for local governments' assistance to the affected countries; |
| 2. | The Minister of Health and Welfare: Selecting and forming medical assistance teams to dispatch them to affected countries, medical treatment of wounded persons, and health care for overseas emergency relief teams; |
| 3. | The Minister of Land, Infrastructure and Transport: Cooperation in providing private transport for transporting human resources and supplies for relief efforts and surviving family members; |
| 4. | The Minister of Trade, Industry and Energy: Managing Korean enterprises in the affected countries; |
| 5. | The Minister of Economy and Finance: Allocating reserve funds for overseas emergency relief efforts; |
| 6. | The Commissioner General of the Korea Coast Guard: Rescue of human lives at sea; |
| 7. | The President of the Korea International Cooperation Agency: Administrative work related to dispatch of overseas emergency relief teams, establishing local relief headquarters in victimized countries, and performing missions related to assistance in overseas emergency relief. |
| Article 7 (Composition and Operation of Overseas Emergency Relief Headquarters) |
| (1) | The Relief Headquarters shall be comprised of not more than 20 persons, including the head of the Relief Headquarters, from among the following persons, and the Director-General of the Development Cooperation Bureau shall serve as executive secretary. <Amended by Presidential Decree No. 20673, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 22144, May 4, 2010; Presidential Decree No. 23549, Jan. 26, 2012; Presidential Decree No. 24424, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | Not more than six public officials designated by the Minister of Foreign Affairs, from among public officials of the Ministry of Foreign Affairs; |
| 2. | Not more than two public officials designated by the Minister of National Defense; the Minister of Trade, Industry and Energy; the Minister of Health and Welfare, the Minister of Land, Infrastructure and Transport, the Administrator of the National Fire Agency, and the Commissioner General of the Korea Coast Guard respectively, from among public officials of each of the administrative agencies; |
| 3. | The Director for emergency relief in the Korea International Cooperation Agency; |
| 4. | Other executive officers and employees of the institutions and organizations designated by the head of the Relief Headquarters. |
| (2) | If an overseas disaster occurs, the Minister of Foreign Affairs may establish the Relief Headquarters within 48 hours of the overseas disaster, even before holding a meeting of the Council. <Amended by Presidential Decree No. 24424, Mar. 23, 2013> |
| (3) | The Relief Headquarters shall perform the following matters: <Amended by Presidential Decree No. 23549, Jan. 26, 2012> |
| 1. | Execution of resolutions adopted by the Council; |
| 2. | Overall administration and coordination of practices related to overseas emergency relief; |
| 3. | Arranging and reporting results of activities for overseas emergency relief. |
| Article 8 (Formation, Dispatch, etc. of Overseas Emergency Relief Teams) |
| (1) | "Organizations or persons prescribed by Presidential Decree" in Article 11 (1) 8 of the Act means any of the following organizations or persons: <Amended by Presidential Decree No. 21920, Dec. 30, 2009; Presidential Decree No. 23549, Jan. 26, 2012> |
| 1. | Medical assistance teams selected and formed by the National Medical Center established pursuant to the Act on Establishing and Administrating the National Medical Center and the Korean Foundation for International Healthcare established pursuant to the Korea Foundation for International Healthcare Act; |
| 2. | Organization or persons designated by the head of an overseas emergency relief team, from among organizations and persons with expertise in overseas emergency relief. |
| (2) | Regarding forming, dispatching, and activities of overseas emergency relief teams under Article 11 (3) of the Act, the Minister of Foreign Affairs may formulate a standard manual for overseas emergency relief, including all or some of the following matters, following consultation with the heads of related central administrative agencies thereon; and may notify related agencies of details of the manual to implement them: <Newly Inserted by Presidential Decree No. 22144, May 4, 2010; Presidential Decree No. 23549, Jan. 26, 2012; Presidential Decree No. 24424, Mar. 23, 2013> |
| 1. | Detailed procedures for forming and dispatching overseas emergency relief teams and matters concerning transportation of supplies; |
| 2. | Missions and the code of field activities of overseas emergency relief teams; |
| 3. | A government assistance system for dispatching military transport planes in an emergency to dispatch overseas emergency relief teams; |
| 4. | Other matters the Minister of Foreign Affairs deems necessary regarding forming, dispatching, and activities of overseas emergency relief teams. |
| (3) | The Minister of Foreign Affairs shall formulate guidelines concerning expenses for dispatching overseas emergency relief teams under Article 11 (3) of the Act and guidelines for disbursements for providing expenses, equipment, and supplies to participants in overseas emergency relief. <Amended by Presidential Decree No. 22144, May 4, 2010; Presidential Decree No. 24424, Mar. 23, 2013> |
| Article 9 (Guidelines, etc. for Bearing and Paying Compensation) |
| (2) | The compensation payable to surviving family members, out of the compensation under paragraph (1), shall be paid to the surviving spouse (including a person in de facto marital relationship), children, parents, grandparents, and siblings in the abovementioned order. If at least two surviving family members have the same order of priority, the compensation shall be paid thereto in equal amounts. <Amended by Presidential Decree No. 22144, May 4, 2010; Presidential Decree No. 29686, Apr. 16, 2019> |
| (3) | A person who wishes to receive compensation as a wounded person or as a surviving family member of a decedent shall apply for the compensation, as determined and publicly notified by the Minister of Foreign Affairs. <Amended by Presidential Decree No. 24424, Mar. 23, 2013> |
| Article 10 (Entrustment of Authority) |
Pursuant to Article 16 of the Act, the Minister of Foreign Affairs shall entrust his/her authority for the following activities conducted to relieve developing countries in disasters under subparagraph 1 (e) of the Korea International Cooperation Agency Act to the President of the Korea International Cooperation Agency. <Amended by Presidential Decree No. 22144, May 4, 2010; Presidential Decree No. 23549, Jan. 26, 2012; Presidential Decree No. 24424, Mar. 23, 2013; Presidential Decree No. 28211, Jul. 26, 2017> | 4. | Preparing and revising the standard manual for overseas emergency relief under Article 8 (2) hereof. |
ADDENDUM
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20581, Jan. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 4, 2008.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 20673, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 21920, Dec. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 2, 2010.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 22144, May 4, 2010>
This Decree shall enter into force on May 5, 2010.
ADDENDUM <Presidential Decree No. 23549, Jan. 26, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24424, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That, among the Presidential Decrees amended pursuant to Article 5 of the Addenda, the amendments to Presidential Decrees, which were promulgated before this Decree enters into force but the dates such enter into force have yet to arrive, shall enter into force on the dates of the respective Presidential Decrees enter into force.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That, among the Presidential Decrees amended pursuant to Article 8 of the Addenda, the amendments to Presidential Decrees, which were promulgated before this Decree enters into force but the dates such enter into force have yet to arrive, shall enter into force on the dates of the respective Presidential Decrees enter into force.
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 29686, Apr. 16, 2019>
This Decree shall enter into force on April 17, 2019.