FRAMEWORK ACT ON HEALTH, SAFETY AND WELFARE OF FIREFIGHTING OFFICIALS
Act No. 11341, Feb. 22, 2012
Amended by Act No. 12844, Nov. 19, 2014
Act No. 14806, Apr. 18, 2017
Act No. 14839, Jul. 26, 2017
Act No. 16768, Dec. 10, 2019
Act No. 16769, Dec. 10, 2019
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to promote the improvement of working conditions of fire officials and their quality of life so that they can be committed to fire service with dignity and self-esteem and promote the improvement of the quality of fire service by providing for matters necessary for the establishment and implementation of policies on the health, safety and welfare of fire officials.
The term used in this Act are defined as follows: <Amended on Nov. 19, 2014; Jul. 26, 2017>
| 1. | The term "firefighting activities" means the activities prescribed in Article 16 (1) of the Framework Act on Fire-Fighting Services; |
| 2. | The term "accident during firefighting activities" means an accident which affects a fire official while performing such firefighting activities, such as fire extinguishment, rescue, and emergency measures, or an accident in which a fire official is killed, wounded, or becomes ill while performing any other fire service; |
| 3. | The term "fire official" means a fire officials governed by the Fire Officials Act; |
| 4. | The term "fire service agency or station" means the National Fire Service Academy, a Regional Fire Service Academy, the National 119 Rescue Service, a Fire and Disaster Headquarters, or a fire station; |
| 5. | The term "fire service" means service to prevent, take precautions against, extinguish, and investigate fires and rescue and first-aid services in a fire, calamities, disaster, or other emergency situations, as prescribed in Article 3 of the Framework Act on Firefighting Services; |
| 6. | The term "welfare facility" means any of the following facilities operated by the Fire Commissioner of the National Fire Agency, the Special Metropolitan City Mayor or a Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Self-Governing Province Governor in order to promote fire officials' welfare; |
| (a) | A commissary, cafeteria, or gas station in a fire agency or station; |
| (b) | A recreation center or a child-care facility; |
| (c) | A facility incidental to a facility specified in item (a); |
| 7. | The term "physical exercise facility" means a facility installed to improve and maintain physical fitness of fire officials. |
| Article 3 (Responsibilities of the State, etc.) |
| (1) | The State and local governments shall create an environment for improving health, safety and welfare of fire officials so that they can be committed to performing their duties. |
| (2) | The State and local governments shall establish and implement measures necessary to improve health, safety and welfare of fire officials. |
| (3) | The State and local governments shall endeavor to prevent health problems of fire officials due to physical fatigue and psychological stress by improving fire officials' working conditions. |
| (4) | The State and local governments shall actively endeavor to provide fire officials who has sustained injuries or diseases from accidents during firefighting activities with medical treatment and livelihood assistance. <Newly Inserted on Apr. 18, 2017> |
| (5) | The State and local governments shall pro-actively endeavor to secure funds required to improve health, safety and welfare of fire officials. <Amended on Apr. 18, 2017> |
| Article 4 (Duties of Heads of Fire Agencies and Stations) |
| (1) | The head of a fire agency or station shall observe and follow the regulations on the management of health and safety of fire officials under Article 14 and various safety standards to prevent accidents in firefighting activities. |
| (2) | The head of a fire agency or station shall provide information on health and safety at firefighting scenes to fire officials who are dispatched to a scene of fire service activities. |
| (3) | The head of a fire agency or station shall endeavor to improve health, safety and welfare of fire officials under his/her control. |
| Article 5 (Duties of Fire Officials) |
Fire officials shall observe regulations on the management of health and safety of fire officials under Article 14 to prevent accidents during firefighting activities and shall follow measures taken by the head of a fire agency or station to prevent accidents in firefighting activities.
| Article 6 (Relationship to other Acts) |
Except as otherwise provided for in any other Act, health, safety and welfare of fire officials shall be governed by the provisions of this Act.
CHAPTER II MASTER PLAN, ETC. FOR HEALTH, SAFETY AND WELFARE OF FIRE OFFICIALS
| Article 7 (Formulation and Implementation of Master Plan, etc. for Health, Safety and Welfare of Fire Officials) |
| (1) | The Fire Commissioner of the National Fire Agency shall prepare a master plan for health, safety and welfare of fire officials (hereinafter referred to as "master plan") once every five years, subject to deliberation by the Policy Council for Health, Safety and Welfare of Fire Officials under Article 9, and shall implement the plan after consulting with the heads of relevant central administrative agencies thereon and obtaining approval therefor from the President of the Republic of Korea. The same procedure shall also apply where a formulated master plan is to be amended. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | A master plan shall include the following matters: <Amended on Apr. 18, 2017> |
| 1. | Basic objectives and the direction-setting for implementation of health, safety and welfare of fire officials; |
| 2. | Research, etc. on health, safety and welfare of fire officials; |
| 3. | Improvement of working conditions of fire officials; |
| 4. | Matters regarding special health checkups, mental health management, etc.; |
| 5. | Matters concerning the provision of support for medical treatment and livelihood assistance to fire officials who have sustained injuries or diseases from accidents during firefighting activities; |
| 6. | Installation and operation of facilities for welfare and physical exercise of fire officials; |
| 7. | Procurement and operation of funds required for programs to improve health, safety and welfare of fire officials; |
| 8. | Other matters necessary to improve health, safety and welfare of fire officials. |
| (3) | The Fire Commissioner of the National Fire Agency shall formulate and implement an annual plan for health, safety and welfare of fire officials (hereinafter referred to as "annual plan") every year according to the relevant master plan. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (4) | The Fire Commissioner of the National Fire Agency shall notify the head of each relevant central administrative agency, the Special Metropolitan City Mayor, and each Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor") of the master plan and annual plan formulated pursuant to paragraph (1) and (3). <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (5) | The Fire Commissioner of the National Fire Agency shall conduct a survey on the present condition of health, safety and welfare of fire officials once every five years and shall reflect outcomes of the survey in a relevant master plan. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (6) | Matters regarding surveys on present condition under paragraph (5) and matters necessary for the method of survey shall be prescribed by Presidential Decree. |
| Article 8 (Formulation and Implementation of Execution Plan for Health, Safety and Welfare of Fire Officials) |
| (1) | A Mayor/Do Governor shall formulate an execution plan for health, safety and welfare of fire officials (hereinafter referred to as "execution plan") every year in order to improve health, safety and welfare of fire officials of the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province according to the relevant master plan and annual plan and shall submit the plan to the Fire Commissioner of the National Fire Agency. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The timing for formulating an execution plan, the details of the plan, and other necessary matters shall be prescribed by Presidential Decree. |
CHAPTER III POLICY COUNCIL FOR HEALTH, SAFETY AND WELFARE OF FIRE OFFICIALS, ETC.
| Article 9 (Policy Council for Health, Safety and Welfare of Fire Officials) |
| (1) | The Policy Council for Health, Safety and Welfare of Fire Officials (hereinafter referred to as the "Council") shall be established as an organization affiliated to the National Fire Agency in order to deliberate on matters regarding the formulation and implementation of policies on health, safety and welfare of fire officials. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The Council shall be comprised of up to 10 members, including one chairperson. |
| (3) | The Deputy Fire Commissioner of the National Fire Agency shall serve as the chairperson, and members shall be commissioned or appointed by the Fire Commissioner of the National Fire Agency from among persons who have abundant knowledge and experience in health, safety and welfare of fire officials, public officials in general service who work for relevant central administrative agencies as members of the Senior Executive Service, and public officials of the National Fire Agency. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (4) | The Council shall deliberate on the following matters: <Amended on Apr. 18, 2017> |
| 1. | Objectives and basic direction-setting for policies on health, safety and welfare of fire officials; |
| 2. | Improvement of Acts, subordinate statutes, and systems to improve health, safety and welfare of fire officials and on-budget subsidization therefor; |
| 3. | Formulation of a master plan; |
| 4. | Surveys on the present condition of health, safety and welfare of fire officials under Article 7 (5); |
| 5. | Other matters proposed by the chairperson in connection with the improvement of health, safety, and welfare of fire officials. |
| (5) | The Council shall have one secretary to carry out administrative affairs of the Council, who shall be appointed by the chairperson from among public officials of the National Fire Agency. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (6) | When deliberating on matters referred to in Article 4, the Council shall listen to opinions of a Fire Marshallor lower-ranking fire officials specified in Article 3 of the Fire Officials Act, as prescribed by the Presidential Decree. <Newly Inserted on Apr. 18, 2017; Dec. 10, 2019> |
| Article 10 (Management of Health of Fire Officials, etc.) |
| (1) | The State may provide fire officials with medical assistance, such as medical examinations and treatment to manage their health and research on mental and physical health based on the nature of their service. <Newly Inserted on Dec. 10, 2019> |
| (2) | The State may establish and operate a medical institution specialized in fire service to provide medical assistance under paragraph (1), and the Fire Commissioner of the National Fire Agency may designate and operate a medical institution prescribed by Presidential Decree as a medical center specialized in fire service. <Amended on Nov. 19, 2014; Jul. 26, 2017; Dec. 10, 2019> |
| (3) | Expenses incurred in operating a medical center specialized in fire service designated pursuant to paragraph (2) shall be borne by the State or each local government. <Amended on Dec. 10, 2019? |
| (4) | Matters necessary for the designation and operation of a medical center specialized in fire service under paragraph (2) and the guidelines for the allocation of expenses under paragraph (3) shall be prescribed by Presidential Decree. <Newly Inserted on Dec. 10, 2019> |
| (5) | The Fire Commissioner of the National Fire Agency or a Mayor/Do Governor shall place a manager responsible for the management of health and safety in each fire agency or station in order to prevent accidents during fire service activities, such as firefighting, rescue, and emergency measures. <Amended on Nov. 19, 2014; Jul. 26, 2017; Dec. 10, 2019> |
| (6) | The qualification and duties of a manager responsible for the management of health and safety under paragraph (5) and other necessary matters shall be prescribed by Presidential Decree. <Amended on Dec. 10, 2020> |
| Article 11 (Medical Doctors for Fire service) |
| (1) | The Fire Commissioner of the National Fire Agency or a Mayor/Do Governor shall place medical doctors for fire service in each Fire and Disaster Headquarters for the health management of fire officials, counseling service for health management, and the operation of programs for mental health: Provided, That the foregoing shall not apply where the health management of fire officials, counseling service for health management, and the operation of programs for mental health are entrusted to the medical center specializing in fire service under Article 10 (2). <Amended on Nov. 19, 2014; Jul. 26, 2017; Dec. 10, 2019> |
| (2) | The qualification for medical doctors for fire service under paragraph (1), the duties and authority of such medical doctors, the method for appointing such medical doctors, and other necessary matters shall be prescribed by Presidential Decree. |
| Article 12 (Establishment and Operation of Welfare Facilities) |
| (1) | The State and local governments may establish and operate facilities for welfare and physical exercise according to the relevant master plan and execution plan in order to improve welfare of fire officials and maintain and improve their physical fitness: Provided, That if it is impractical to establish a facility for physical exercise, subsidies may be given for expenses incurred in using a private facility or a facility operated by the State or a local government. |
| (2) | If it is necessary for the efficient operation of facilities for welfare, etc. any person, other than fire officials and their family members (referring to fire officials' spouses and lineal ascendants and descendants of fire officials and their spouses), may be permitted to use facilities for welfare, etc. |
| (3) | If it is necessary for the efficient operation of facilities for welfare, etc., the head of a fire agency or station may entrust a private business entity with the operation of facilities for welfare, etc. |
| (4) | Matters necessary for the management and operation of facilities for welfare, etc. including the designation of managers responsible for the management of facilities for welfare, etc. and the entrustment of operation of such facilities, shall be prescribed by Presidential Decree. |
| Article 13 (Assistance to Retired Fire Officials in Employment, etc.) |
| (1) | The State and local governments may provide retired fire officials (including prospective retirees; the same shall apply hereafter in this Article) with assistance in employment, such as counseling service on career and jobs, job referral service, and holding job fairs, for their smooth adaptation to the society and the stabilization of their livelihood. |
| (2) | The Fire Commissioner of the National Fire Agency or a Mayor/Do Governor may provide retired fire officials with education for adaptation to society and vocational education and training. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (3) | The Fire Commissioner of the National Fire Agency or a Mayor/Do Governor may implement on-budget programs for counseling service and education for starting up a new business in order to assist retired fire officials in business start-up. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
CHAPTER IV REGULATIONS, ETC. ON MANAGEMENT OF HEALTH AND SAFETY OF FIRE OFFICIALS
| Article 14 (Regulations, etc. on Management of Health and Safety of Fire Officials) |
| (1) | In order to prevent fire officials from being exposed to risks or getting involved in an accident while performing firefighting activities at scenes of various disasters, the head of each fire agency or station shall prepare regulations on the management of health and safety of fire officials, including the following matters, and shall notify fire officials under his/her control of the regulations by conducting educational programs regularly or occasionally: |
| 1. | The organization for the management of health and safety and duties of such organization; |
| 2. | Education about health and safety; |
| 3. | Safety management at firefighting scenes; |
| 4. | Health management at firefighting scenes; |
| 5. | Management of risks at firefighting scenes; |
| 6. | Investigations into safety accidents during firefighting activities and the establishment of measures therefor; |
| 7. | Other matters regarding health and safety of fire officials. |
| (2) | Detailed matters to be included in the regulations on the management of health and safety of fire officials under paragraph (1) and matters necessary for the formulation and amendment of the regulations shall be determined by the Fire Commissioner of the National Fire Agency. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| Article 15 (Monitoring, etc. of Environment for Fire Service) |
| (1) | In order to protect fire officials' health from risks at a scene of disasters, the Fire Commissioner of the National Fire Agency may monitor, analyze, and evaluate the environment for fire officials at a scene or the environment of firefighting scenes (hereinafter referred to as "monitoring the environment for firefighting activities"). If necessary in such cases, the Fire Commissioner of the National Fire Agency may authorize an expert to monitor the environment for fire service at firefighting scenes, including risks at the scene. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The Fire Commissioner of the National Fire Agency shall reflect findings of monitoring of fire service in the relevant master plan and take measures necessary to protect fire officials' health. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| Article 16 (Special Health Checkups for Fire Officials) |
| (1) | In order to protect and maintain fire officials' health, the Fire Commissioner of the National Fire Agency or a Mayor/Do Governor shall conduct special health checkups for fire officials in the medical institution specialized in fire service, the medical center specialized in fire service under Article 10 (2), an institution that conducts health checkups pursuant to the National Health Insurance Act, or a medical institution as defined in Article 3 of the Medical Service Act (hereinafter referred to as "institution for health checkups"). <Amended on Nov. 19, 2014; Jul. 26, 2017; Dec. 10, 2019> |
| (2) | If the head of a fire agency or station finds it necessary to protect a specific fire official's health as a result of the special health checkup conducted pursuant to paragraph (1), he/she may issue an order to conduct a close health examination on the fire official. |
| (3) | If the head of a fire agency or station finds as a result of the special health checkup conducted pursuant to paragraph (1) or (2) or any other Act or subordinate statute that a fire official under his/her control needs special care, he/she shall change the fire official's assignment, issue an order to take sick leave for medical treatment, or take other measures. |
| (4) | No head of a fire agency or station shall use findings of any health checkup conducted pursuant to paragraph (1) or (2) for any purpose other than protecting and maintaining the relevant fire official's health. |
| (5) | Matters necessary for the time and items of special health checkups under paragraph (1) and close health examination under paragraph (2) shall be determined by the Fire Commissioner of the National Fire Agency. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| Article 17 (Epidemiological Survey) |
| (1) | If the Fire Commissioner of the National Fire Agency deems it necessary to examine an occupational disease and to discover or prevent the causes of such disease, he/she may conduct an epidemiological survey on the occupational disease (hereinafter referred to as "epidemiological survey") with respect to the link between fire officials' diseases and risks at firefighting scenes. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The heads of fire agencies and stations and fire officials shall actively cooperate in epidemiological surveys. |
| (3) | The method and procedure for epidemiological surveys, the subject matters for an epidemiological survey, and other necessary matters shall be determined by the Fire Commissioner of the National Fire Agency. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| Article 18 (Limitations on Fire service of Persons Diagnosed as Patients) |
| (1) | If a medical doctor diagnoses that a fire official suffers from a contagious disease or mental disorder or a disease that is likely to be severely aggravated if the fire official continues his/her fire service, the head of the competent fire agency or station may place limitations on such fire official's fire service. |
| (2) | If a fire official subject to limitations on fire service under paragraph (1) recovers his/her health, the head of the competent fire agency or station shall allow the fire official to resume his/her fire service within seven days, considering the fire official's opinion. |
| (3) | The head of a fire agency or station shall not discriminate against a fire office who resumes his/her fire service pursuant to paragraph (2) in any aspect on the ground of the fire official's records of disease. |
ADDENDA <Act No. 11341, Feb. 22, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measure concerning Facilities for Welfare, etc.)
The facilities for welfare, etc. established and operated at the time this Act enters into force shall be deemed to have been established and operated pursuant to this Act.
Article 3 (Transitional Measure concerning Programs for Improving Health, Safety and Welfare)
The programs in progress for improving health, safety and welfare of fire officials at the time this Act enters into force shall be deemed in progress pursuant to this Act.
Article 4 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 from among the Acts amended pursuant to Article 6 of the Addenda, the amendments to the Acts which have been promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the respective enforcement date of the relevant Act.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 14806, Apr. 18, 2017>
This Act shall enter into force three months after the date of its promulgation.
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 among the Acts amended by Article 5 of the Addenda, the amendments to the Acts which have been promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the respective enforcement date of the relevant Act.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 16768, Dec. 10, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force on April. 1, 2020.
Articles 2 through 12 Omitted.
ADDENDUM <Act No. 16769, Dec. 10, 2019>
This Act shall enter into force on the date of its promulgation.