CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the promotion of public safety and welfare by prescribing necessary matters concerning the responsibilities and obligations of the State and each local government for fire prevention and safety control, as well as concerning the installation and maintenance of fire-fighting systems, etc. and the safety control of objects of fire service in order to protect the lives, bodies and properties of the people from fires, disasters, calamities and other emergency circumstances. <Amended on Jan. 20, 2015>
[This Article Wholly Amended on Aug. 4, 2011]
| (1) | The terms used in this Act are defined as follows: <Amended on Mar. 27, 2018> |
| 1. | The term "firefighting systems" means firefighting equipment, alarming equipment, escape and rescue equipment, fire-fighting water equipment and other equipment for firefighting activities prescribed by Presidential Decree; |
| 2. | The term "firefighting systems or such" means fire-fighting systems, emergency exits and other firefighting-related facilities prescribed by Presidential Decree; |
| 3. | The term "specific objects of fire service" means objects of fire service prescribed by Presidential Decree for which fire-fighting systems shall be installed; |
| 4. | The term "firefighting appliances" means products or machinery forming firefighting systems or such, or being used for fire-fighting prescribed by Presidential Decree. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 2-2 (Responsibilities and Obligations of State and Each Local Government) |
| (1) | The State shall formulate and implement comprehensive fire safety policies to protect the people’s lives and properties from fire. |
| (2) | Each local government shall, in conformity with the State’s fire safety policies, formulate and implement its own such policies that fit its local actual situations. |
| (3) | The State and each local government shall, in formulating and implementing the fire safety policies under paragraphs (1) and (2), shall consider it top priority to protect people’s lives, bodies, and properties, while maintaining the principles of scientific reasonableness, consistency, and proactive prevention. |
[This Article Newly Inserted on Jan. 20, 2015]
| Article 2-3 (Formulation and Implementation of Master Plans on Fire Safety Policies, etc.) |
| (1) | The State shall formulate and implement a master plan on fire safety policies (hereinafter referred to as a “master plan”) every five years in order to expand the foundation for fire safety. |
| (2) | A master plan shall be formulated by the Fire Commissioner of the National Fire Agency in consultation with the heads of relevant central administration agencies, as prescribed by Presidential Decree. <Amended on Jul. 26, 2017> |
| (3) | A master plan shall include the following matters: |
| 1. | The basic goals of and direction-setting for fire safety policies; |
| 2. | Matters concerning laying foundation for fire safety such as statutes and systems therefor; |
| 3. | Matters concerning publicity and education to the public on fire prevention; |
| 4. | Matters concerning development and distribution of fire safety-related technologies; |
| 5. | Matters concerning cultivation, support, and management of experts in the field of fire safety; |
| 6. | Matters concerning enhancement of global competitiveness in the field of fire safety; |
| 7. | Other such matters necessary for enhancement of fire safety as are prescribed by Presidential Decree. |
| (4) | The Fire Commissioner of the National Fire Agency shall formulate and implement an action plan every year in order to implement a master plan. <Amended on Jul. 26, 2017> |
| (5) | The Fire Commissioner of the National Fire Agency shall notify the heads of relevant central administrative agencies, and the Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, Do Governors and the Special Self-Governing Province Governor (hereinafter referred to as “Mayor/Do Governor” in this Article) of a master plan and action plan formulated in accordance with paragraphs (1) and (4). <Amended on Jul. 26, 2017> |
| (6) | The heads of relevant central administrative agencies or the Mayor/Do Governor who is notified of a master plan and action plan formulated in accordance with paragraph (5) shall formulate and implement a detailed action plan which reflects the characteristics of affairs under his/her jurisdiction and shall then inform the Fire Commissioner of the National Fire Agency of the results of such implementation. <Amended on Jul. 26, 2017> |
| (7) | The Fire Commissioner of the National Fire Agency may, if necessary for the formulation of a master plan and action plan, request the heads of relevant central administrative agencies or the Mayor/Do Governor to submit related materials. In such cases, the heads of the relevant central administrative agencies or the Mayor/Do Governor who is so requested shall comply with such request unless a compelling reason exists not to do so. <Amended on Jul. 26, 2017> |
| (8) | Matters necessary for the formulation and implementation of a master plan, action plan, detailed action plan, etc. shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 20, 2015]
| Article 3 (Relationship to Other Acts) |
[This Article Wholly Amended on Aug. 4, 2011]
CHAPTER II SPECIAL FIRE SAFETY INSPECTION, ETC.
| Article 4 (Special Fire Safety Inspection) |
| (1) | With respect to objects of fire service in a jurisdiction area, related regions or interested persons, the Fire Commissioner of the National Fire Agency, director general of a fire-fighting headquarters, or head of a fire station may order the competent public official to conduct special inspections on fire safety control (hereinafter referred to as "special fire safety inspection") in order to verify whether fire-fighting systems or such are installed, maintained, and managed in compliance with this Act or other statutes that are related with fire fighting, and whether any risk of fire, disaster, calamity, etc. exists in objects of fire service: Provided, That in case of private residence, this shall apply only when he/she obtains consent of an interested person or it is urgently needed because the likelihood of a fire outbreak is high. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | A special fire safety inspection shall be conducted in any of the following cases: |
| 1. | Where it is acknowledged that any inspection, etc. on firefighting systems or such, fire prevention systems, escape systems, etc. conducted by an interested person in accordance with this Act or other statutes is insincere or incomplete; |
| 3. | Where it is necessary to conduct an inspection on the actual status of fire safety control at a place where a major event, including a national event, is held and related regions nearby; |
| 4. | Where an inspection is needed for a place where fires occurred frequently or where the likelihood of a fire outbreak is high; |
| 5. | As a result of analyzing disaster forecast information, weather forecast, etc. where it is determined that a high risk of a fire, disaster, and calamity exists in objects of fire service; |
| 6. | Except as provided in subparagraphs 1 through 5, where it is deemed that a fire outbreak, disaster, calamity, or urgent situation is highly likely to cause damage to humans or property. |
| (3) | The Fire Commissioner of the National Fire Agency, director general of a firefighting headquarters, or head of a fire station shall select the objects of special fire safety inspections based on objective and fair standards, and the director general of a firefighting headquarters may, if necessary, form a special fire safety inspection committee to select the objects of special fire safety inspections objectively and fairly. <Amended on Nov. 19, 2014; Jul. 24, 2015; Jul. 26, 2017> |
| (4) | The Fire Commissioner of the National Fire Agency may, if necessary in conducting special fire safety inspections, form and operate a central team for special fire safety inspections as prescribed by Presidential Decree. <Newly Inserted on Jul. 24, 2015; Jul. 26, 2017> |
| (5) | The Fire Commissioner of the National Fire Agency may, if deemed necessary for conducting tasks of a central team for special fire safety inspections, request the heads of a relevant central administrative agency to dispatch public officials or employees under his/her jurisdiction. In such cases, the head of the relevant central administrative agency so requested shall cooperate in such request unless a compelling reason exists not to do so. <Newly Inserted ed by Jul. 24, 2015; Jul. 26, 2017> |
| (6) | The Fire Commissioner of the National Fire Agency, director general of a firefighting headquarters, or the head of a fire station shall not, in case of conducting special fire safety inspections, abuse his/her inspection authority for any other purpose. <Amended on Nov. 19, 2014; Jul. 24, 2015; Jul. 26, 2017> |
| (7) | Detailed items of special fire safety inspections, and matters necessary for the formation and operation a special fire safety inspection committee established under paragraph (3) shall be prescribed by Presidential Decree. In such cases, the status of management of firefighting systems, etc. and matters related to danger of the occurrence of fires, etc. in fire-fight objects shall be included in detailed items of special fire safety inspections. <Amended on Jul. 24, 2015; Jan. 27, 2016> |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 4-2 (Participation of Experts in Special Fire Safety Inspection) |
| (1) | The Fire Commissioner of the National Fire Agency, director general of a firefighting headquarters or head of a fire station may, if necessary, order a firefighting technician, a firefighting system manager, and other persons who have expertise in firefighting and disaster prevention to participate in a special fire safety inspection. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | Any outside expert participating in an inspection prescribed in paragraph (1) may be paid allowances, travel expenses, and other expenses incurred within budgetary limits. |
[This Article Newly Inserted on Aug. 4, 2011]
| Article 4-3 (Methods, Procedures, etc. for Special Fire Safety Inspection) |
| (1) | Where the Fire Commissioner of the National Fire Agency, director general of a firefighting headquarters or head of a fire station intends to conduct a special fire safety inspection, he/she shall notify an interested person of the object, period, reason, etc. of the inspection in writing at least seven days prior to such inspection: Provided, That this shall not apply to any of the following cases: <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Where it is necessary to conduct an urgent inspection because the likelihood of the occurrence of a fire, disaster, or calamity is high; |
| 2. | Where it is acknowledged that any prior notification can defeat the purpose of a special fire safety inspection. |
| (2) | A special fire safety inspection shall not be conducted before sunrise or after sunset without the consent of an interested person: Provided, That this shall not apply to a case falling under any subparagraph of paragraph (1). |
| (3) | Where an interested person notified under paragraph (1) has difficulty in undergoing a special fire safety inspection due to a natural disaster or other reasons prescribed by Presidential Decree, he/she may apply for a postponement of a special fire safety inspection to the Fire Commissioner of the National Fire Agency, director general of a fire-fighting headquarters or head of a fire station who has given notice of a special fire safety inspection, as prescribed by Presidential Decree. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (4) | The Fire Commissioner of the National Fire Agency, director general of a fire-fighting headquarters or head of a fire station in receipt of an application for a postponement prescribed in paragraph (3) shall determine whether he/she approves the postponement, and notify the interested person of his/her determination before an inspection commences. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (5) | Where a special fire safety inspection is completed, the Fire Commissioner of the National Fire Agency, director general of a firefighting headquarters or head of a fire station shall notify the interested person of the inspection result in writing. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (6) | Except as provided in paragraphs (1) through (5), necessary matters concerning the methods and procedures of special fire safety inspections shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Aug. 4, 2011]
| Article 4-4 (Presentation of Certificates, Obligation of Confidentiality, etc.) |
| (1) | The competent public official or the related expert who conducts a special fire safety inspection shall carry with him/her a certificate indicating his/her authority or qualification and present it to an interested person. |
| (2) | The competent public official or the related expert who conducts a special fire safety inspection shall not interfere with the legitimate business practices of an interested person; and shall not provide or divulge to any third party, or use for other purposes, any materials obtained or any confidential information learned in the course of such inspection. |
[This Article Newly Inserted on Aug. 4, 2011]
| Article 5 (Order to Take Measures according to Result of Special Fire Safety Inspection) |
| (1) | In the course of a special fire safety inspection, when it is necessary to improve the location, structure, equipment, or conditions of management of an object of fire service for the prevention of a fire, disaster, or calamity; or it is expected that a fire outbreak causes severe damage to human life or property, the Fire Commissioner of the National Fire Agency, director general of a firefighting headquarters, or head of a fire station may order an interested person to repair, move, remove, prohibit, or restrict the use of, close, suspend or discontinue the installation of the said object of fire service and to take other necessary measures, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | In the course of a special fire safety inspection, where a object of fire service was built or installed in violation of statutes, or any firefighting system or such, escape system, fire compartment, fire prevention facility, etc. is not installed, maintained, and managed in compliance with statutes, the Fire Commissioner of the National Fire Agency, director general of a firefighting headquarters or head of a fire station may order an interested person to take measures prescribed in paragraph (1), or request the head of the relevant administrative agency to take necessary measures. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Where an interested person in receipt of an order to take measures under paragraphs (1) and (2) fails to comply with such order, the Fire Commissioner of the National Fire Agency, director general of a fire-fighting headquarters or head of a fire station may disclose such violation, etc. via the Internet, etc. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (4) | Necessary matters concerning procedures and methods of, periods for, etc. the disclosure of any violation under paragraph (3) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 6 (Compensation for Loss) |
Where any person has suffered loss due to an order issued under Article 5 (1), the Fire Commissioner of the National Fire Agency, a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") shall compensate him/her for such loss, as prescribed by Presidential Decree. <Amended on Jan. 7, 2014; Nov. 19, 2014; Jul. 26, 2017> [This Article Wholly Amended on Aug. 4, 2011]
CHAPTER III INSTALLATION, MAINTENANCE, SUPERVISION, ETC. OF FIRE-FIGHTING SYSTEM
SECTION 1 Consent, etc. to Building Permission, etc.
| Article 7 (Consent to Building Permission, etc.) |
| (1) | Where an administrative agency which has authority to permit or consult on new construction, extension, alteration, reconstruction, relocation, alteration of the purpose of use, or substantial repair of a building or such, and to approve the use of a building or such (including approval prescribed in Article 15 of the Housing Act and an inspection for use under Article 49 of the same Act, approval under Article 4 of the School Facilities Projects Promotion Act and approval for use under Article 13 of the same Act; hereinafter referred to as "building permission, etc.") grants a building permission, etc., it shall obtain prior consent from the director general of a fire-fighting headquarters or head of a fire station who has jurisdiction over a construction site or the location of such building or such. <Amended on Jan. 7, 2014; Jan. 19, 2016> |
| (2) | Where an administrative agency which has authority to accept a report of substantial repair, extension, alteration, reconstruction or alteration of the purpose of use of a building or such has accepted such report, it shall notify director general of a fire-fighting headquarters or head of a fire station who has jurisdiction over a construction site or the location of such building or such without delay. <Amended on Jan. 7, 2014> |
| (3) | When obtaining prior consent pursuant to paragraph (1) or notifying the fact of accepting reports pursuant to paragraph (2), an administrative agency which has authority for building permission, etc. under paragraph (1) or administrative agency which has authority to accept a report under paragraph (2) shall submit drawings which show interior structures of a building from among drawings and specification submitted by a person who intends to obtain building permission, etc. or makes a report to the competent director general of a firefighting headquarters or the head of a fire station when the competent director or head grants building permission, etc. or accepts a report: Provided, That the same shall not apply where a building critical for national security or State secret is constructed and where the administrative agency is unable to obtain drawings under the relevant statutes or regulations. <Newly Inserted on Oct. 16, 2018> |
| (4) | Where the director general of a fire-fighting headquarters or head of a fire station has received a request for consent under paragraph (1), he/she shall ascertain whether such building complies with this Act or any order issued under this Act and then notify such administrative agency as to whether he/she consents or not within a period prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Oct. 16, 2018> |
| (5) | In giving consent to approval for use under paragraph (1), the issuance of a certificate of completion of fire-fighting system installation under Article 14 (3) of the Fire-Fighting System Installation Business Act may take the place of such consent. In such cases, an administrative agency that has authority to grant a building permission, etc. under paragraph (1) shall confirm a certificate of completion of fire-fighting system installation. <Amended on Oct. 16, 2018> |
| (6) | In granting a building permission, etc. under paragraph (1), the scope of buildings or such which requires consent from the director general of a fire-fighting headquarters or head of a fire station shall be prescribed by Presidential Decree. <Amended on Oct. 16, 2018> |
| (7) | Where any matters concerning the installation, maintenance, etc. of fire-fighting systems are included in the fire-fighting system standards for authorization, permission, report, etc. (excluding a building permission, etc. and a report under paragraph (2); hereinafter referred to as "authorization, permission, etc." in this paragraph) under other statutes, the administrative agency which has the authority to grant the relevant authorization, permission, etc. may request the director general of a fire-fighting headquarters or head of a fire station having jurisdiction over the location of the system to ascertain whether the system complies with this Act or any order issued under this Act. In such cases, the director general of a fire-fighting headquarters or head of a fire station in receipt of the request shall notify the result of the ascertainment within the period prescribed by Ordinance of the Ministry of the Interior and Safety. <Newly Inserted on Jan. 7, 2014; Nov. 19, 2014; Jul. 26, 2017; Oct. 16, 2018> |
[This Article Wholly Amended on Aug. 4, 2011]
[Title Amended on Oct. 16, 2018]
| Article 7-2 (Firefighting Systems Installed in House) |
| (1) | The Fire Commissioner of the National Fire Agency, director general of firefighting headquarters or head of a fire station shall establish and operate the computerized system to manage and share systematically drawing submitted under Article 7 (3). |
| (2) | The Fire Commissioner of the National Fire Agency, the director general of firefighting headquarters or head of a fire station may request the head of a relevant administrative agency to submit data or provide information necessary to establish and operate the computerized system. In such cases, the head of a relevant administrative agency requested to submit data or provide information shall comply with the request in the absence of a good cause. |
[This Article Newly Inserted on Oct. 16, 2018]
| Article 8 (Firefighting Systems Installed in House) |
| (1) | The owner of any of the following houses shall install such firefighting systems as are prescribed by Presidential Decree: <Amended on Jul. 24, 2015> |
| (2) | The State and each local government shall formulate policies necessary to promote the installation of the fire-fighting systems that shall be installed in houses (hereinafter referred to as “residential fire-fighting systems”) in accordance with paragraph (1) as well as autonomous safety control by the people. <Amended on Jul. 24, 2015> |
| (3) | Matters concerning installation standards for residential fire-fighting systems, autonomous safety control, etc. shall be prescribed by ordinance of a Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province. <Amended on Jan. 7, 2014; Jul. 24, 2015> |
[This Article Newly Inserted on Aug. 4, 2011]
SECTION 2 Maintenance, Supervision, etc. of Fire-Fighting Systems, etc. Installed in Specific Objects of Fire Service
| Article 9 (Maintenance, Management, etc. of Firefighting Systems, etc. Installed in Specific Objects of Fire Service) |
| (1) | An interested person of a specific object of fire service shall install, maintain, or manage fire-fighting systems determined by Presidential Decree in accordance with the fire safety standards determined and publicly notified by the Fire Commissioner of the National Fire Agency, as prescribed by Presidential Decree. In such cases, fire-fighting systems (referring to alarming equipment and escape and rescue equipment) which are used by disabled persons, etc. referred to in subparagraph 1 of Article 2 of the Act on the Guarantee of Convenience Promotion of Persons with Disabilities, Older Persons, Pregnant Women and Nursing Mothers, Etc. shall be installed, or maintained and managed so as to be appropriate for persons with disabilities, etc., as prescribed by Presidential Decree. <Amended on Jan. 7, 2014; Nov. 19, 2014; Jan. 20, 2015; Jan. 27, 2016; Jul. 26, 2017; Mar. 27, 2018> |
| (2) | Where fire-fighting systems under paragraph (1) are not installed, maintained or managed in compliance with the fire safety standards under paragraph (1), the director general of a fire-fighting headquarters or head of a fire station may order an interested person of such specific object of fire service to take necessary measures. <Amended on Jan. 7, 2014> |
| (3) | In maintaining and supervising fire-fighting systems pursuant to paragraph (1), an interested person of a specific object of fire service shall not close (including locking; hereinafter the same shall apply) or shut down the systems, which causes any trouble in function and performance of the firefighting systems: Provided, That he/she may close or shut down firefighting systems to inspect or maintain them. <Amended on Jan. 7, 2014> |
[This Article Wholly Amended on Aug. 4, 2011]
[Title Amended on Jan. 7, 2014]
| Article 9-2 (Seismic Design Standards for Firefighting Systems) |
Any person who intends to install any of the specific objects of fire service prescribed by Presidential Decree among the facilities falling under any of the subparagraphs of Article 14 (1) of the Act on the Preparation for Earthquakes and Volcanic Eruptions shall install firefighting systems in compliance with the seismic design standards set by the Fire Commissioner of the National Fire Agency so that such firefighting systems can be operated normally when an earthquake occurs. <Amended on Nov. 19, 2014; Jul. 24, 2015; Jul. 26, 2017> [This Article Newly Inserted on Aug. 4, 2011]
| Article 9-3 (Performance-Oriented Design) |
| (1) | A person who intends to install fire-fighting systems in a specific object of fire service prescribed by Presidential Decree (applicable only to newly built objects) shall conduct design taking into consideration the use, location, structure, and capacity thereof, types and quantity of combustibles, etc. (hereinafter referred to as “performance-oriented design”). |
| (2) | Standards for performance-oriented design and other necessary matters shall be determined and publicly notified by the Fire Commissioner of the National Fire Agency. <Amended on Jul. 26, 2017> |
[This Article Newly Inserted on Dec. 30, 2014]
| Article 9-4 (Maintenance, etc. of Firefighting Systems to Be Installed in Each Object of Fire Service) |
| (1) | In case of prescribing the firefighting systems by Presidential Decree pursuant to Article 9 (1), the sizes, purposes and capacities of specific objects of fire service shall be taken into account. |
| (2) | The Fire Commissioner of the National Fire Agency shall maintain the firefighting systems referred to in paragraph (1) at least once every three years so as to efficiently reflect the changes of both construction circumstances and fire risk peculiarities. <Amended on Jul. 26, 2017> |
| (3) | The Fire Commissioner of the National Fire Agency shall formulate improvement plans for maintenance referred to in paragraph (2) by systematically researching tendency for changes of construction circumstances and fire risk peculiarities. <Amended on Jul. 26, 2017> |
| (4) | Matters necessary for the performing researches referred to in paragraph (3) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Jul. 26, 2017> |
[This Article Newly Inserted on Jan. 27, 2016]
| Article 9-5 (Durable Years, etc. of FireFighting Appliances) |
| (1) | The persons concerned of specific objects of fire service shall replace the firefighting appliances the durable years of which have passed. In such cases, matters necessary for the kinds of the firefighting appliances the durable years of which are required to be determined, and the number of durable years thereof shall be prescribed by Presidential Decree. |
| (2) | Notwithstanding paragraph (1), in case of receiving the performance verification of any firefighting appliance pursuant to the procedures and methods determined by Ordinance of the Ministry of the Interior and Safety, its period of use may be extended. <Amended on Jul. 26, 2017> |
[This Article Newly Inserted on Jan. 27, 2016]
| Article 10 (Maintenance and Management of Escape Facilities, Fire Compartments and Fire Prevention Facilities) |
| (1) | An interested person of a specific object of fire service shall not perform any of the following activities with respect to escape facilities and fire compartments under Article 49 of the Building Act and firewall, interior finishing materials or such (hereinafter referred to as "fire prevention facilities") under Articles 50 through 53 of the same Act: |
| 1. | Closing or destroying escape facilities, fire compartments and fire prevention facilities; |
| 2. | Piling up articles or installing obstacles around escape facilities, fire compartments and fire prevention facilities; |
| 4. | Changing escape facilities, fire compartments and fire prevention facilities. |
| (2) | Where an interested person of a specific object of fire service performs any activities falling under the subparagraphs of paragraph (1), the director general of a firefighting headquarters or head of a fire station may order him/her to take measures necessary for the maintenance and management of escape facilities, fire compartments and fire prevention facilities. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 10-2 (Maintenance, Management, etc. of Temporary Firefighting Systems to Be Installed at Construction Site of Specific Object of Fire Service) |
| (1) | A person who implements a project for the building, substantial repair, alteration of the purpose of use, installation, etc. of specific objects of fire service (hereinafter referred to as "project implementer" in this Article) shall install, maintain and manage fire preparedness systems that can be easily installed and removed (hereinafter referred to as "temporary fire-fighting systems" in this Article) before conducting operations prescribed by Presidential Decree such as those handling inflammable articles (hereinafter referred to as "operations involving fire hazards" in this Article). |
| (2) | Notwithstanding paragraph (1), where a project implementer installs, maintains and manages, in compliance with fire safety standards under the former part of Article 9 (1), firefighting systems prescribed by Presidential Decree the function and performance of which are similar to temporary fire-fighting systems at the site of operations involving fire hazards, he/she shall be deemed to have installed, maintained and managed temporary firefighting systems. <Amended on Jan. 27, 2016> |
| (3) | Where any temporary firefighting systems or firefighting systems are not installed, maintained or managed under paragraph (1) or (2), the director general of a firefighting headquarters or head of a fire station may order the relevant project implementer to take necessary measures. |
| (4) | Necessary matters concerning the type and scale of a project that is required to install temporary firefighting systems under paragraph (1) shall be prescribed by Presidential Decree, and the standards for the installation, maintenance and management of temporary firefighting systems shall be determined and publicly notified by the Fire Commissioner of the National Fire Agency. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
[This Article Newly Inserted on Jan. 7, 2014]
| Article 11 (Special Exceptions to Firefighting System Standards) |
| (1) | Where firefighting system standards are tightened due to the amendment to the Presidential Decree or the fire safety standards under the former part of Article 9 (1), the director general of a firefighting headquarters or head of a fire station shall apply the former Presidential Decree or the former fire safety standards to firefighting systems of existing specific objects of fire service (including a specific object of fire service which is under new construction, remodeling, reconstruction, relocation and substantial repair): Provided, That with respect to the following firefighting systems, the standards tightened under the amendment to the Presidential Decree or the fire safety standards shall apply: <Amended on Jan. 7, 2014; Jan. 27, 2016; Mar. 27, 2018; Jun. 9, 2020> |
| 1. | The following firefighting systems, among those prescribed by Presidential Decree: |
| (a) | Fire extinguishing apparatus; |
| (b) | Emergency alarm systems; |
| (c) | Automatic fire reporting systems; |
| (d) | Escape and rescue equipment; |
| 2. | Fire-fighting systems to be installed in the following utility tunnels: |
| (b) | Underground cable tunnels for electricity and telecommunications business; |
| 3. | Firefighting systems to be installed in facilities for the elderly and children as well as medical facilities, among those prescribed by Presidential Decree. |
| (2) | In case of water spray fire extinguishing equipment, simple sprinkler systems, emergency alarm systems and emergency broadcasting systems or such, the function and performance of which are similar, among the firefighting systems which shall be installed in a specific object of fire service, the director general of a fire-fighting headquarters or head of a fire station may allow the exemption from installation of similar firefighting systems, as prescribed by Presidential Decree. |
| (3) | Where an existing specific object of fire service is enlarged or the purpose of use of an existing specific object of fire service is altered, the director general of a firefighting headquarters or head of a fire station shall apply the Presidential Decree or the fire safety standards concerning installation of firefighting systems enforced as at the time of enlargement or alteration of the purpose of use, as prescribed by Presidential Decree. <Amended on Jan. 7, 2014> |
| (4) | Notwithstanding the former part of Article 9 (1), the firefighting systems prescribed by Presidential Decree need not be installed in the specific object of fire service prescribed by Presidential Decree among the following specific objects of fire service: <Amended on Jan. 27, 2016> |
| 1. | A specific object of fire service, the degree of fire risk of which is low; |
| 2. | A specific object of fire service that makes it difficult to apply the fire safety standards; |
| 3. | A specific object of fire service with the special use or structure to which the fire safety standards shall be applied otherwise; |
| 4. | A specific object of fire service for which an in-house firefighting team is established under Article 19 of the Safety Control of Hazardous Substances Act. |
| (5) | Where any fire-fighting system, the method of design of which is recognized as unique in its structure, principle, etc., is to be installed in the specific object of fire service falling under any of the subparagraphs of paragraph (4), the fire safety standards prescribed in the former part of Article 9 (1) need not be applied following deliberation by the Central Fire-Fighting Technology Deliberative Committee prescribed in Article 11-2 (1). <Newly Inserted on Dec. 30, 2014; Jan. 27, 2016> |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 11-2 (Fire-Fighting Technology Deliberative Committee) |
| (1) | In order to deliberate on the following matters, the Central Firefighting Technology Deliberative Committee (hereinafter referred to as the "Central Committee") shall be established under the National Fire Agency: <Amended on Jul. 26, 2017> |
| 1. | Matters concerning the fire safety standards; |
| 2. | Matters concerning a firefighting system the method of design and installation of which is unique in its structure and principle, etc.; |
| 3. | Matters concerning methods of design of and supervision over installation of firefighting systems; |
| 4. | Matters concerning criteria for making determination on whether any defect exists in fire-fighting system installation; |
| 5. | Other matters prescribed by Presidential Decree on firefighting technology, etc. |
| (2) | In order to deliberate on the following matters, a regional firefighting technology deliberative committee (hereinafter referred to as "regional committee") shall be established in each of the Special Metropolitan City, Metropolitan City, the Special Self-Governing City, Do, and the Special Self-Governing Province: |
| 1. | Matters concerning making determinations on whether any defect exists in a fire-fighting system; |
| 2. | Other matters prescribed by Presidential Decree on fire-fighting technology, etc. |
| (3) | Matters necessary for the composition, operation, etc. of the Central Committee and each regional committee under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 30, 2014]
SECTION 3 Flame Retardation
| Article 12 (Flame Retardation, etc. of Objects of Fire Service) |
| (1) | Objects specified by Presidential Decree which are installed at or attached to any specific objects of fire service prescribed by Presidential Decree for the purpose of interior decoration, etc. (hereinafter referred to as "objects required to be flame retardant") shall meet or exceed the standards of flame retardation performance. <Amended on Jul. 24, 2015> |
| (2) | When the objects required to be flame retardant fail to meet the standards of flame retardation performance under paragraph (1) or fail to undergo a flame retardation performance test under Article 13 (1), the director general of a firefighting headquarters or head of a fire station may order an interested person of the objects of fire service to take necessary measures, such as removal of such objects or receipt of a flame retardation performance test. |
| (3) | Standards for flame retardation performance under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 13 (Test of Flame Retardation Performance) |
| (1) | Objects required to be flame retardant that are used in a specific object of fire service under Article 12 (1) shall pass a flame retardation performance test conducted by the Fire Commissioner of the National Fire Agency (in case of such objects required to be flame retardant as are prescribed by Presidential Decree, they shall pass such a test conducted by a Mayor/Do Governor). <Amended on Jan. 7, 2014; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Necessary matters concerning methods of flame retardation performance tests conducted pursuant to paragraph (1) and pass labels according to the results of such test, and other relevant 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> |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 14 Deleted. <Dec. 30, 2014> |
| Article 15 Deleted. <Dec. 30, 2014> |
| Article 16 Deleted. <Dec. 30, 2014> |
| Article 17 Deleted. <Dec. 30, 2014> |
| Article 18 Deleted. <Dec. 30, 2014> |
| Article 19 Deleted. <Dec. 30, 2014> |
CHAPTER IV SAFETY CONTROL OF OBJECT OF FIRE SERVICE
| Article 20 (Fire Safety Control of Specific Objects of Fire Service) |
| (1) | An interested person of a specific object of fire service shall perform affairs concerning fire safety control prescribed in paragraph (6) on the specific object of fire service. |
| (2) | An interested person of a specific object of fire service prescribed by Presidential Decree (hereinafter referred to in this Article as "object of fire safety") shall appoint persons prescribed by Presidential Decree as fire safety controllers and assistant fire safety controllers, as prescribed by Ordinance of the Ministry of the Interior and Safety in order to control the fire safety. In such cases, the standards for minimum number of assistant fire safety controllers or other necessary matters shall be prescribed by Presidential Decree, and paragraphs (4), (5) and (7) shall apply mutatis mutandis to assistant fire safety controllers. <Amended on Mar. 23, 2013; Jan. 7, 2014; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | An interested person of an object of fire safety prescribed by Presidential Decree may, notwithstanding paragraph (2), entrust any person who has completed the registration of fire-fighting system management business pursuant to Article 29 (1) (hereinafter referred to as a “management service provider”) with the affairs prescribed by Presidential Decree among the fire safety control affairs prescribed in paragraph (1), and in such cases, he/she may appoint a person who has authority to supervise the person entrusted with the fire safety control affairs as a fire safety controller: <Amended on Jan. 7, 2014; Jul. 24, 2015> |
| 1. | Deleted; <Jul. 24, 2015> |
| 2. | Deleted. <Jul. 24, 2015> |
| (4) | Where an interested person of an object of fire safety has appointed a fire safety controller, he/she shall file a report thereon with the director general of a firefighting headquarters or head of a fire station within 14 days from the date of appointment, as prescribed by Ordinance of the Ministry of the Interior and Safety, and shall display the name of the fire safety controller and other matters determined by Ordinance of the Ministry of the Interior and Safety so that persons entering and existing the premise can easily notice them. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jan. 27, 2016; Jul. 26, 2017> |
| (5) | Where an interested person of an object of fire safety has dismissed a fire safety controller, either the interested person or the fire safety controller dismissed may notify the director general of a firefighting headquarters or head of a fire station of such fact to receive confirmation on such fact that the fire safety controller has been dismissed. |
| (6) | An interested person of a specific object of fire service (excluding an object of fire safety) and a fire safety controller of an object of fire safety shall perform the following affairs: Provided, That affairs referred to in subparagraphs 1, 2 and 4 shall be performed only for an object of fire safety: <Amended on Jan. 7, 2014; Dec. 30, 2014> |
| 1. | Preparation and implementation of a firefighting plan, including matters concerning an escape plan under Article 21-2 and matters prescribed by Presidential Decree; |
| 2. | Organization, operation and education of a self-defense fire-fighting team and early response systems; |
| 3. | Maintenance and management of escape facilities, fire compartments and fire prevention facilities under Article 10; |
| 5. | Maintenance and management of firefighting systems and other firefighting-related facilities; |
| 6. | Supervision of handling of flammables; |
| 7. | Other affairs necessary for fire safety control. |
| (7) | An interested person of an object of fire safety shall direct and supervise a fire safety controller so that he/she may conscientiously perform the affairs concerning fire safety control. |
| (8) | Where a fire safety controller finds that a fire-fighting system, escape facility, fire prevention facility, fire compartment, etc. is in violation of statutes, he/she shall promptly request an interested person of an object of fire service to take necessary measures, such as improvement, relocation, removal and repair. Where the interested person does not perform as requested, the fire safety controller shall notify the director general of a fire-fighting headquarters or head of a fire station of such fact. In such cases, the fire safety controller shall perform his/her duties fairly and objectively. <Amended on Jan. 27, 2016> |
| (9) | An interested person of an object of fire safety in receipt of a request to take measures, etc. under paragraph (8) from a fire safety controller, shall without delay comply with such request, and shall not treat a fire safety controller unfavorably, such as dismissing him/her or refusing to pay his/her remuneration by reason of a request to take measures, etc. under paragraph (8). |
| (10) | Prices where the fire safety control is entrusted to a management business operator under paragraph (3) shall be calculated in accordance with the method prescribed by Ordinance of the Ministry of the Interior and Safety in compliance with the standards for the calculation of prices for engineering projects under Article 31 of the Engineering Industry Promotion Act. <Newly Inserted on Jan. 7, 2014; Nov. 19, 2014; Jul. 26, 2017> |
| (11) | Necessary matters concerning the organization, operation, education, etc. of self-defense firefighting teams and early response systems under paragraph (6) 2 shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Newly Inserted on Jan. 7, 2014; Nov. 19, 2014; Jul. 26, 2017> |
| (12) | The director general of a fire-fighting headquarters or head of a fire station may order an interested person of an object of fire safety who has failed to appoint a fire safety controller under paragraph (2) to appoint a fire safety controller. <Newly Inserted on Dec. 30, 2014> |
| (13) | The director general of a fire-fighting headquarters or head of a fire station may order an interested person or a fire safety controller of an object of fire safety who has failed to perform the affairs prescribed in paragraph (6) to perform such affairs. <Newly Inserted on Dec. 30, 2014> |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 20-2 (Safety Management of Facilities Subject to Special Fire Safety Control) |
| (1) | The Fire Commissioner of the National Fire Agency shall conduct special fire safety control for the following facilities (hereafter referred to as “facilities subject to special fire safety control” in this Article) which would cause significant economic and social damage in case of a disaster, such as fire: <Amended on Jul. 26, 2017; Dec. 26, 2017; Mar. 2, 2018; Nov. 26, 2019> |
| 10. | Underground utility tunnels for electricity and underground utility tunnels for telecommunication; |
| 14. | Other facilities specified by Presidential Decree. |
| (2) | The Fire Commissioner of the National Fire Agency shall formulate and implement a master plan on special fire safety control in consultation with the Mayors/Do Governors in order to systematically and efficiently conduct special control pursuant to paragraph (1). <Amended on Jul. 26, 2017> |
| (3) | The Mayor/Do Governor shall formulate and implement an execution plan for special fire safety control which is suitable for the safety control over facilities subject to special fire safety control within his/her jurisdictional area, to the extent not contrary to the master plan on special fire safety control under paragraph (2). |
| (4) | Other matters necessary to formulate and implement the master plan on special fire safety control under paragraphs (2) and to execute the plan for special fire safety control under paragraphs (3) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jul. 24, 2015]
| Article 21 (Joint Fire Safety Control) |
An interested person of a specific object of fire service designated by the director general of a fire-fighting headquarters or head of a fire station, among the following specific objects of fire service, the authority of management of which is divided, shall appoint a person prescribed by Presidential Decree as a joint fire safety controller, as prescribed by Ordinance of the Ministry of the Interior and Safety: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
| 1. | A high-rise building (limited to a building which has at least 11 floors, excluding basements); |
| 2. | An underground street (collectively referring to both a series of shops, offices, and other facilities similar thereto installed in an underground structure adjacent to underground passages as well as the underground passage themselves); |
| 3. | Other specific objects of fire service prescribed by Presidential Decree. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 21-2 (Formulation and Implementation of Escape Plans) |
| (1) | An interested person of an object of fire safety prescribed in Article 20 (2) shall formulate and implement an escape plan for persons working or residing in the relevant place or making access thereto to escape safely if any fire breaks out. |
| (2) | An escape plan under paragraph (1) shall include escape routes set, taking the structure of the relevant specific object of fire service, escape facilities, etc. into consideration. |
| (3) | An interested person of an object of fire safety under paragraph (1) shall regularly provide the workers or residents with escape guide information including the location of escape facilities, escape routes or the gist of escape. |
| (4) | Matters necessary to formulate and implement escape plans under paragraph (1) and the provision of escape guide information under paragraph (3) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Jul. 26, 2017> |
[This Article Newly Inserted on Dec. 30, 2014]
| Article 22 (Fire Drill, etc. for Workers and Residents in Specific Objects of Fire Service) |
| (1) | An interested person of a specific object of fire service prescribed by Presidential Decree shall conduct a drill on firefighting, notification, escape or such (hereinafter referred to as "fire drill") and give training necessary for fire safety control to persons who regularly work or reside at such place. In such cases, an escape drill shall include evacuating and guiding persons who have access to such object of fire service to a safe place. |
| (2) | The director general of a firefighting headquarters or the head of a fire station may direct and supervise a fire drill conducted by an interested person of a specific object of fire service under paragraph (1). |
| (3) | Necessary matters concerning the frequency, methods, etc. of a fire drill and training under paragraph (1) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 23 (Firefighting Safety Education for Interested Persons of Specific Objects of Fire Service) |
| (1) | The director general of a firefighting headquarters or head of a fire station shall provide firefighting safety education to an interested person of a specific object of fire service who is not governed by Article 22 for the fire prevention and fire safety of the specific object of fire service, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | Necessary matters concerning persons subject to education and the scope of specific objects of fire service or such under paragraph (1) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 24 (Fire Safety Control of Public Institutions, etc.) |
| (1) | The State, local governments, and the heads of public institutions prescribed by Presidential Decree, such as national or public schools, shall control the fire safety, including the fire prevention, organization and composition of a self-defense fire-fighting team, in-house inspection on fire-fighting systems and fire drills in order to protect the lives and bodies of workers, etc. and the buildings, structures, articles, etc. of the relevant institutions from fires. |
| (2) | Notwithstanding Articles 20 through 23, the following matters of the public institutions referred to in paragraph (1) shall be governed by Presidential Decree: |
| 1. | Qualifications, responsibility, appointment, etc. of a fire safety controller; |
| 2. | Entrustment of fire safety control affairs; |
| 3. | Organization, operation and education of a self-defense firefighting team; |
| 4. | Fire drills and education for workers, etc.; |
| 5. | Other necessary matters concerning fire safety control. |
[This Article Wholly Amended on Jan. 7, 2014]
| Article 25 (In-House Inspection, etc. on Firefighting Systems, etc.) |
| (1) | An interested person of a specific object of fire service shall regularly conduct an in-house inspection on firefighting systems or such installed in such object, or entrust a management business operator or a qualified technical expert prescribed by Ordinance of the Ministry of the Interior and Safety with regular inspections on them. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | Where an interested person, etc. of a specific object of fire service has conducted an inspection under paragraph (1), he/she shall report the results of such inspection to the director general of a fire-fighting headquarters or head of a fire station, as 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> |
| (3) | Necessary matters concerning the types of inspections, objects of inspections, assignment of inspection personnel, qualifications of inspectors, inspection equipment, methods of inspections, the frequency of inspections, etc. shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (4) | Where a management business operator or a qualified technical expert is entrusted with inspections pursuant to paragraph (1), he/she shall be reimbursed for such inspections in an amount calculated by a method prescribed by Ordinance of the Ministry of the Interior and Safety under the standards for the calculation of prices for engineering projects under Article 31 of the Engineering Industry Promotion Act. <Amended on Mar. 23, 2013; Jan. 7, 2014; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 25-2 (Rewards, etc. to Interested Persons of Exemplary Objects of Fire Service) |
| (1) | In order to lead the autonomous safety control of an object of fire service, the Fire Commissioner of the National Fire Agency may select an object of fire service, the condition of safety control of which is exemplary, and issue a mark of an exemplary object of fire service, and provide a reward to an interested person of such exemplary object of fire service. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | Necessary matters concerning methods of selecting exemplary objects of fire service, the scope of objects to be evaluated, procedures for evaluation, etc. under paragraph (1) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Aug. 4, 2011]
CHAPTER V FIREFIGHTING SYSTEM MANAGERS AND FIREFIGHTING SYSTEM MANAGEMENT BUSINESS
SECTION 1 Firefighting System Managers
| Article 26 (Firefighting System Managers) |
| (1) | Any person who intends to be a firefighting system manager (hereinafter referred to as "manager") shall pass a manager examination held by the Fire Commissioner of the National Fire Agency. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | Qualifications for applying for a manager examination, the method and subjects of such examination, an examination board, and other matters necessary for such examination under paragraph (1) shall be prescribed by Presidential Decree. |
| (3) | Persons prescribed by Presidential Decree, such as firefighting engineers, may be exempt from some subjects of the manager examination under paragraph (2). |
| (4) | The Fire Commissioner of the National Fire Agency shall, as prescribed by Ordinance of the Ministry of the Interior and Safety, issue a certificate of firefighting system manager to a person who has passed a manager examination under paragraph (1). <Amended on Nov. 19, 2014; Jul. 24, 2015; Jul. 26, 2017> |
| (5) | A person issued a certificate of firefighting system manager in accordance with paragraph (4) may, where the certificate is lost or damaged, have it reissued in accordance with Ordinance of the Ministry of the Interior and Safety. <Newly Inserted on Jul. 24, 2015; Jul. 26, 2017> |
| (6) | No manager shall lend any other person a certificate of firefighting system manager which is issued in accordance with paragraph (4). <Amended on Jul. 24, 2015> |
| (7) | No manager shall be employed at two or more business entities at the same time. <Amended on Jul. 24, 2015> |
| (8) | A qualified technical expert under Article 25 (1) and a manager registered as technical human resources in the field of management business in accordance with Article 29 (2) shall faithfully conduct an in-house inspection. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 26-2 (Sanctions on Cheating) |
Where an applicant has cheated in an examination, the Fire Commissioner of the National Fire Agency shall suspend or invalidate the examination and shall bar such applicant from applying for an examination for two years from the date of such disposition. <Amended on Nov. 19, 2014; Jul. 26, 2017>
[This Article Newly Inserted on Aug. 4, 2011]
| Article 27 (Grounds for Disqualification of Managers) |
A person who falls under any of the following subparagraphs shall not be a manager: <Amended on Jul. 24, 2015>
| 1. | A person under adult guardianship; |
| 2. | A person in whose case two years have not passed since his/her imprisonment without labor or heavier punishment, as declared by a court under this Act, the Framework Act on Firefighting Services, the Firefighting System Installation Business Act or the Safety Control of Hazardous Substances Act, was completely executed (including cases where the execution is deemed to have been completed) or he/she was exempted from such sentence; |
| 4. | A person in whose case two years have not passed since his/her qualification was revoked (excluding where his/her qualification is revoked because he/she falls under subparagraph 1 of Article 27) in accordance with Article 28. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 28 (Revocation and Suspension of Qualification) |
Where a manager falls under any of the following subparagraphs, the Fire Commissioner of the National Fire Agency may revoke his/her qualification or order the suspension of such qualification for a fixed period not exceeding two years, as prescribed by Ordinance of the Ministry of the Interior and Safety: Provided, That where the manager falls under subparagraph 1, 4, 5, or 7, the Fire Commissioner of the National Fire Agency shall revoke his/her qualification: <Amended on Mar. 23, 2013; Jan. 7, 2014; Nov. 19, 2014; Jul. 24, 2015; Jul. 26, 2017>
| 1. | Where he/she has passed an examination by fraud or other improper means; |
| 2. | Where he/she has failed to conduct fire safety control under Article 20 (6) or has conducted it falsely; |
| 3. | Where he/she has failed to conduct an inspection under Article 25 or has conducted a false inspection; |
| 4. | Where he/she has lent a certificate of fire-fighting system manager to another person, in violation of Article 26 (6); |
| 5. | Where he/she has been employed by at least two enterprises at the same time, in violation of Article 26 (7); |
| 6. | Where he/she has failed to conduct an in-house inspection conscientiously, in violation of Article 26 (8); |
| 7. | Where he/she has fallen under any of the grounds for disqualification under the subparagraphs of Article 27; |
| 8. | Deleted; <Jan. 7, 2014> |
| 9. | Deleted. <Jan. 7, 2014> |
[This Article Wholly Amended on Aug. 4, 2011]
SECTION 2 Firefighting System Management Business
| Article 29 (Registration, etc. of Firefighting System Management Business) |
| (1) | Any person who intends to engage in the business of controlling fire safety on behalf of other persons or the business of inspecting, maintaining and managing firefighting systems, etc. under Article 20 shall have his/her firefighting system management business (hereinafter referred to as "management business") registered with the relevant Mayor/Do Governor. |
| (2) | Necessary matters concerning standards for registration of management business, such as technical human resources and equipment, prescribed in paragraph (1) shall be prescribed by Presidential Decree. |
| (3) | An application for registration, an application for issuance or re-issuance of a certificate of registration or registration pocketbook, and other matters necessary for the registration of management business prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 30 (Grounds for Disqualification of Registration) |
A person who falls under any of the following subparagraphs may not register to do management business: <Amended on Jul. 24, 2015>
| 1. | A person under adult guardianship; |
| 2. | A person in whose case two years have not passed since his/her imprisonment without labor or heavier punishment, as declared by a court under this Act, the Framework Act on Firefighting Services, the Firefighting System Installation Business Act or the Safety Control of Hazardous Substances Act, was completely executed (including cases where the execution is deemed completed) or he/she was exempted from such sentence; |
| 4. | A person in whose case two years have not passed since his/her registration of management business was revoked (excluding where his/her registration was revoked because he/she falls under subparagraph 1 of Article 30) in accordance with Article 34 (1); |
| 5. | A corporation, any executive officer of which falls under any of subparagraphs 1 through 4. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 31 (Reporting on Alteration of Matters Registered) |
Where any important matters prescribed by Ordinance of the Ministry of the Interior and Safety among the matters registered under Article 29, are altered, a management business operator shall file a report on such alteration with the relevant Mayor/Do Governor, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> [This Article Wholly Amended on Aug. 4, 2011]
| Article 32 (Succession to Status of Firefighting System Management Business Operator) |
| (1) | Any of the following persons shall succeed to the status of a management business operator: |
| 1. | Where a management business operator dies, his/her successor; |
| 2. | Where a management business operator transfers his/her business, a person who has acquired business by transfer; |
| 3. | Where a corporate management business operator engages in a merger or consolidation, the corporation surviving the merger or resulting from the consolidation. |
| (3) | Any person who has succeeded to the status of a management business operator under paragraph (1) or (2) shall file a report thereon with the relevant Mayor/Do Governor, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (4) | Article 30 shall apply mutatis mutandis to succession to the status prescribed in paragraph (1) or (2): Provided, That where a successor falls under any subparagraph of Article 30, this shall not apply for three months from the date he/she succeeds to the status. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 33 (Operation of Management Business) |
| (1) | No management business operator shall lend a certificate of registration or a registration pocketbook of management business to any third person. |
| (2) | Where a management business operator falls under any of the following subparagraphs, he/she shall promptly notify such fact to an interested person of a specific object of fire service who has entrusted him/her with fire safety control affairs prescribed in Article 20 or an inspection on fire-fighting systems, etc. under Article 25 (1): |
| 1. | Where he/she succeeds to the status of a management business operator under Article 32; |
| 2. | Where he/she is subjected to disposition of the revocation of registration or the suspension of business prescribed in Article 34 (1); |
| 3. | Where he/she suspends or closes his/her business. |
| (3) | Where a management business operator conducts an in-house inspection under Article 25 (1), he/she shall have technical human resources participate therein, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Jan. 7, 2014; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 33-2 (Evaluation and Official Notice of Inspection Capability, etc.) |
| (1) | Upon an application from a management business operator, the Fire Commissioner of the National Fire Agency may comprehensively evaluate and officially notify the inspection capability of the relevant management business operator in order for an interested person or building owner to select an appropriate management business operator. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | A management business operator who intends to apply for the evaluation of inspection capability shall submit documents proving his/her inspection record of firefighting systems and other documents prescribed by Ordinance of the Ministry of the Interior and Safety to the Fire Commissioner of the National Fire Agency. <Newly Inserted on Jan. 7, 2014; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Necessary matters concerning the method of evaluation and official notice of inspection capability under paragraph (1), fees, etc. shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (4) | The Fire Commissioner of the National Fire Agency may build database on necessary matters, such as technical human resources, possession of equipment, inspection record, and record of administrative dispositions in order to evaluate inspection capability under paragraph (1). <Amended on Nov. 19, 2014; Jul. 26, 2017> |
[This Article Newly Inserted on Aug. 4, 2011]
| Article 33-3 (Real-Name Inspection System) |
| (1) | Where a management business operator has completed an inspection of a fire-fighting system or such, he/she shall record matters related to the inspection, including the date and time of inspection, inspector, inspection company, etc. in an inspection record sheet and attach it to the relevant specific object of fire service. |
| (2) | Matters related to an inspection record sheet under paragraph (1) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Newly Inserted on Aug. 4, 2011]
| Article 34 (Revocation of Registration and Suspension of Business, etc.) |
| (1) | Where a management business operator falls under any of the following subparagraphs, the relevant Mayor/Do Governor may revoke his/her registration or order him/her to correct it within, or suspend his/her business for, a fixed period not exceeding six months, as prescribed by Ordinance of the Ministry of the Interior and Safety: Provided, That where he/she falls under subparagraph 1, 4 or 7, his/her registration shall be revoked: <Amended on Mar. 23, 2013; Jan. 7, 2014; Nov. 19, 2014; Jan. 27, 2016; Jul. 26, 2017> |
| 1. | Where he/she has been registered by fraud or other improper means; |
| 2. | Where he/she has failed to conduct or falsely conducted an inspection under Article 25 (1); |
| 3. | Where he/she has failed to meet the standards for registration under Article 29 (2); |
| 4. | Where he/she had any reason falling under any ground for disqualification referred to in subparagraphs of Article 30: Provided, That the same shall not apply where, as a corporation falling under subparagraph 5 of Article 30, he/she replaces the relevant executive officer with an executive officer who has no ground for disqualification within two months from the date on which it has fallen under a ground for disqualification; |
| 5. | Deleted; <Jan. 7, 2014> |
| 6. | Deleted; <Jan. 7, 2014> |
| 7. | Where he/she has lent a certificate of registration or a registration pocketbook to a third person, in violation of Article 33 (1); |
| 8. | Deleted; <Jan. 7, 2014> |
| 9. | Deleted; <Jan. 7, 2014> |
| 10. | Deleted. <Jan. 7, 2014> |
| (2) | Where a successor who has succeeded to the status of a management business operator under Article 32 falls under the subparagraphs of Article 30, the provisions of paragraph (1) 4 shall not apply for six months from the date he/she commences succession. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 35 (Disposition for Penalty Surcharges) |
| (1) | Where a Mayor/Do Governor orders the suspension of business under Article 34 (1) and such suspension of business is likely to cause serious inconvenience to the people or be detrimental to the public interest, the Mayor/Do Governor may impose a penalty surcharge in an amount not exceeding 30 million won in lieu of the disposition for the suspension of business. <Amended on Dec. 30, 2014> |
| (2) | An amount of penalty surcharge depending on the type, degree or such of an offense on which a penalty surcharge under paragraph (1) is imposed, 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> |
[This Article Wholly Amended on Aug. 4, 2011]
CHAPTER VI QUALITY CONTROL OF FIREFIGHTING APPLIANCES
| Article 36 (Type Approval of Firefighting Appliances, etc.) |
| (1) | Any person who intends to manufacture or import fire-fighting appliances prescribed by Presidential Decree shall obtain a type approval from the Fire Commissioner of the National Fire Agency: Provided, That the same shall not apply to firefighting appliances manufactured or imported for the purpose of research and development. <Amended on Jan. 7, 2014; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | Any person who intends to obtain a type approval under paragraph (1) shall undergo an examination conducted by the Fire Commissioner of the National Fire Agency after securing testing facilities for type approval pursuant to the standards prescribed by Ordinance of the Ministry of the Interior and Safety: Provided, That in cases prescribed by Ordinance of the Ministry of the Interior and Safety, such as where a person imports firefighting appliances not for sale but for installing or using them directly in his/her own building, he/she may be allowed not to have testing facilities in place. <Amended on Mar. 23, 2013; Jan. 7, 2014; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Any person who has obtained a type approval under paragraphs (1) and (2) shall undergo a product inspection on the relevant firefighting appliance conducted by the Fire Commissioner of the National Fire Agency. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (4) | Matters concerning methods, procedures, etc. for type approval under paragraph (1), and classification, methods, formalities, pass labels, etc. for a product inspection under paragraph (3) 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) | Matters concerning technical standards, etc. for type approval and a product inspection on appearance, structure, material, components, performance or such (hereafter referred to as "appearance, etc." in this Article) of firefighting appliances shall be determined and publicly notified by the Fire Commissioner of the National Fire Agency. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (6) | No one shall sell any of the following firefighting appliances or display them for sale, or use them for firefighting system installation works: |
| 1. | Firefighting appliances which are not type-approved; |
| 2. | Firefighting appliances, appearance, etc. of which has been altered arbitrarily; |
| 3. | Firefighting appliances which have failed to pass a product inspection or those without a pass label. |
| (7) | The Fire Commissioner of the National Fire Agency, director general of a fire-fighting headquarters, or head of a fire station may order a manufacturer, importer, seller or installer of firefighting appliances which have violated paragraph (6) to take necessary measures prescribed by Ordinance of the Ministry of the Interior and Safety, such as collection, disuse, or replacement. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Feb. 18, 2020> |
| (8) | In case of new technology firefighting appliances of which working functions, the method of manufacture, parts or such are not in compliance with the technical standards for type approval and a product inspection publicly notified by the Fire Commissioner of the National Fire Agency under paragraph (5), the Fire Commissioner of the National Fire Agency may, after evaluation of relevant experts, grant a type approval to such new technology products by methods and procedures that are different from those referred to in paragraph (4), as prescribed by Ordinance of the Ministry of the Interior and Safety. New technology products recognized by an authorized foreign agency may be type-approved even after receiving only part of the tests for type approval. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (9) | In case of obtaining the result of evaluation conducted by an accredited institution on the content of type approval for a firefighting appliance falling under any of the following subparagraphs, type approval and product inspection may be conducted by applying only part of tests on type approval and product inspection: <Newly Inserted on Jan. 27, 2016; Jul. 26, 2017> |
| 2. | Firefighting appliances used in foreign diplomatic and consular missions to the Republic of Korea or in units of foreign military forces to the Republic Korea; |
| 3. | Firefighting appliances agreed upon in advance, which are used for construction works conducted by virtue of a foreign loan, an agreement between the Republic of Korea and other State or otherwise; |
| 4. | Other firefighting appliances deemed by the Fire Commissioner of the National Fire Agency to be used for any special purpose. |
| (10) | Where, with respect to any one firefighting appliance, two or more items subject to type approval are combined with each other, or an item subject to type approval and an item subject to performance certification are combined with each other, one single type approval may be granted after conducting tests on type approval for such two or more items together, or conducting a test for type approval and a test for performance certification together. <Newly Inserted on Jan. 27, 2016> |
| (11) | Methods, procedures, etc. for type approval referred to in paragraphs (9) and (10) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Newly Inserted on Jan. 27, 2016; Jul. 26, 2017> |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 37 (Alteration of Type Approval) |
| (1) | Where any person who has obtained a type approval under Article 36 (1) and (10) intends to alter a part of the shape, etc. of the relevant firefighting appliance shall obtain approval for alteration from the Fire Commissioner of the National Fire Agency. <Amended on Jul. 24, 2015; Jan. 27, 2016; Jul. 26, 2017> |
| (2) | Necessary matters concerning objects, classification, methods, procedures, etc., for approval for alteration under paragraph (1) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 38 (Revocation, etc. of Type Approval) |
| (1) | Where any person who has obtained a type approval or undergone a product inspection of firefighting appliances falls under any of the following subparagraphs, the Fire Commissioner of the National Fire Agency may revoke such type approval or order the suspension of product inspection for a fixed period not exceeding six months, as prescribed by Ordinance of the Ministry of the Interior and Safety: Provided, That where he/she falls under subparagraph 1, 3 or 7, the Fire Commissioner of the National Fire Agency shall revoke the type approval: <Amended on Mar. 23, 2013; Jan. 7, 2014; Nov. 19, 2014; Jan. 27, 2016; Jul. 26, 2017> |
| 1. | Where he/she has obtained a type approval under Article 36 (1) and (10) by fraud or other wrongful means; |
| 2. | Where his/her testing facilities fail to meet the standards for testing facilities under Article 36 (2); |
| 3. | Where he/she has undergone a product inspection under Article 36 (3) by fraud or other improper means; |
| 4. | Where he/she fails to meet the technical standards under Article 36 (5) when undergoing a product inspection; |
| 5. | Deleted; <Jan. 7, 2014> |
| 6. | Deleted; <Jan. 7, 2014> |
| 7. | Where he/she has failed to obtain approval for alteration under Article 37, or has obtained approval for alteration by fraud or other wrongful means; |
| 8. | Deleted; <Jan. 7, 2014> |
| 9. | Deleted; <Jan. 7, 2014> |
| (2) | No person whose type approval of firefighting appliances has been revoked under paragraph (1) shall obtain a type approval for the same item, within two years from the date of such revocation. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 39 (Performance Certification, etc. of Firefighting Appliances) |
| (1) | Upon receipt of a request from a manufacturer or an importer, the Fire Commissioner of the National Fire Agency may certify the performance of firefighting appliances. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | A person who has obtained performance certification under paragraph (1) shall undergo a product inspection for the relevant firefighting appliances from the Fire Commissioner of the National Fire Agency. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Matters concerning objects, application, and methods for certification of performance and the issuance of performance certification under paragraph (1); and classification, objects, procedures, methods, pass labels, fees, etc., for product inspection under paragraph (2) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Jan. 7, 2014; Nov. 19, 2014; Jul. 26, 2017> |
| (4) | Matters concerning technical standards, etc. for performance certification under paragraph (1) and for product inspections under paragraph (2) shall be prescribed and publicly notified by the Fire Commissioner of the National Fire Agency. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (5) | A mark of performance certification or a pass label for a product inspection shall not be used on a firefighting appliance which fails to pass a product inspection under paragraph (2), and a fire-fighting appliance which fails to undergo a product inspection or one without the pass label shall not be sold, displayed, or used for any fire-fighting system installation work. <Amended on Jan. 7, 2014; Jul, 24, 2015> |
| (6) | Where, with respect to any one fire-fighting appliance, two or more items subject to performance certification are combined with each other, only one single performance may be granted after conducting performance all certification tests on such two or more items. <Newly Inserted on Jan. 27, 2016> |
| (7) | Methods, procedures, etc. for performance certification referred to in paragraph (6) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Newly Inserted on Jan. 27, 2016; Jul. 26, 2017> |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 39-2 (Alteration of Performance Certification) |
| (1) | Where a person who has obtained a performance certification under Article 39 (1) and (6) intends to alter a part of the shape, etc. of the relevant fire-fighting appliance, he/she shall obtain approval therefor from the Fire Commissioner of the National Fire Agency. <Amended on Jan. 27, 2016; Jul. 26, 2017> |
| (2) | Matters necessary for objects, classification, methods, procedures, etc., for certification for alteration under paragraph (1) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Jul. 26, 2017> |
[This Article Newly Inserted on Jul. 24, 2015]
| Article 39-3 (Revocation, etc. of Performance Certification) |
| (1) | Where a person who has received performance certification for a firefighting appliance or has undergone a product inspection thereon comes to fall under any of the following subparagraphs, the Fire Commissioner of the National Fire Agency may revoke performance certification for such firefighting appliance or order the suspension of a product inspection thereon for a fixed period not exceeding six months, as prescribed by Ordinance of the Ministry of the Interior and Safety: Provided, That in cases falling under subparagraph 1, 2 or 5, the Fire Commissioner of the National Fire Agency shall revoke performance certification for the relevant firefighting appliance: <Amended on Jul. 26, 2017> |
| 1. | In case of obtaining performance certification referred to in Article 39 (1) and (6) by fraud or other improper means; |
| 2. | In case of undergoing product inspection referred to in Article 39 (2) by fraud or other improper means; |
| 3. | In case of falling short of the technical standards referred to in Article 39 (4) as a result of a product inspection; |
| 5. | In case of altering a part of the shape, etc. of the relevant fire-fighting appliance without obtaining approval for alteration pursuant to Article 39 (2), or obtaining approval for alteration by fraud or other improper means. |
| (2) | A person for whom performance certification for a fire-fight appliance is revoked pursuant to paragraph (1) may not obtain performance certification for the same item as the firefighting appliance the performance certification for which is revoked within two years from the date of such revocation. |
[This Article Newly Inserted on Jan. 27, 2016]
| Article 40 (Certification on Excellent Quality Products) |
| (1) | The Fire Commissioner of the National Fire Agency may grant certification (hereinafter referred to as "excellent quality certification") on fire-fighting appliances the quality of which is recognized as excellent, among those subject to type approval under Article 36. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | A person who intends to receive an excellent quality certification shall apply therefor to the Fire Commissioner of the National Fire Agency, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (3) | An excellent quality certification mark may be placed on a firefighting appliance on which excellent quality certification is granted. |
| (4) | The period of validity of excellent quality certification shall be prescribed by Ordinance of the Ministry of the Interior and Safety within five years. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (5) | The Fire Commissioner of the National Fire Agency may revoke excellent quality certification in any of the following cases: Provided, That in cases falling under subparagraph 1, he/she shall revoke the excellent quality certification: <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Where the applicant has obtained the excellent quality certification by fraud or other wrongful means; |
| 2. | Where a product on which excellent quality certification was granted is deemed to have infringed on a third person's right, such as industrial property right defined in subparagraph 4 of Article 2 of the Invention Promotion Act. |
| (6) | Except as otherwise provided for in paragraphs (1) through (5), matters necessary for excellent quality certification, such as technical standards for excellent quality certification, appraisal of the quality control of products, renewal of excellent quality certification, fees, and certification marks shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Nov. 19, 2014; Jan. 27, 2016; Jul. 26, 2017> |
[This Article Wholly Amended on Jan. 7, 2014]
| Article 40-2 (Support to Firefighting Appliances with Excellent Quality Certification, and Other Related Matters) |
Where agencies and organizations falling under any of the following subparagraphs are required to alter or newly keep fire-fighting appliances due to new construction of a building, or addition to or the structural alteration of an existing building, they shall endeavor to preferentially purchase and use firefighting appliances with excellent quality certification:
| 1. | A central administrative agency; |
| 4. | Other institutions prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 27, 2016]
[Previous Article 40-2 Moved to Article 40-3 <by Jul. 27, 2016>]
| Article 40-3 (Collection and Inspection of Firefighting Appliances, etc.) |
| (1) | The Fire Commissioner of the National Fire Agency may collect and inspect firefighting appliances distributed in the market if deemed necessary to control the quality of fire-fighting appliances. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | With respect to firefighting appliances acknowledged as having material defects prescribed by Ordinance of the Ministry of the Interior and Safety through collection and inspection under paragraph (1), the Fire Commissioner of the National Fire Agency may order its manufacturer and importer to recall, exchange, discard, or suspend the sale of, the relevant firefighting appliances as prescribed by Ordinance of the Ministry of the Interior and Safety and may revoke their type approval or performance certification. <Amended on Jan. 7, 2014; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Where the Fire Commissioner of the National Fire Agency issues an order to recall, exchange, discard, or suspend sale, or revokes type approval or performance certification pursuant to paragraph (2), he/she may publish such fact on the website, etc. of the National Fire Agency as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Jan. 7, 2014; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Newly Inserted on Aug. 4, 2011]
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 41 (Education for Fire Safety Controllers, etc.) |
| (1) | Any of the following persons shall take a training course or receive in-service training conducted by the Fire Commissioner of the National Fire Agency as prescribed by Ordinance of the Ministry of the Interior and Safety for fire prevention, efficient safety control, the dissemination of new technologies and improvement of safety awareness: <Amended on Mar. 23, 2013; Jan. 7, 2014; Nov. 19, 2014; Jul. 24, 2015; Jul. 26, 2017> |
| 1. | A fire safety controller and an assistant fire safety controller appointed under Article 20 (2); |
| 2. | A fire safety controller appointed in accordance with Article 20 (3); |
| 3. | A person prescribed by Presidential Decree who intends to obtain recognition of his/her qualification as a fire safety controller. |
| (2) | Where a fire safety controller or a proxy of fire safety control prescribed in paragraph (1) 1 or 2 has failed to receive the required training, the director general of a fire-fighting headquarters or head of a fire station may restrict conducting fire safety control prescribed in Article 20, as prescribed by Ordinance of the Ministry of the Interior and Safety, until he/she completes the training. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 42 (Designation, etc. of Specialized Product Inspection Institutions) |
| (1) | In order to conduct product inspections under Articles 36 (3) and 39 (2) professionally and efficiently, the Fire Commissioner of the National Fire Agency may designate an institution that meets all the following requirements as a specialized product inspection institution (hereinafter referred to as "specialized institution"): <Amended on Act 12207, Jan. 7, 2014; Nov. 19, 2014; Dec. 30, 2014; Jul. 26, 2017> |
| 1. | It shall be any of the following institutions: |
| (c) | A non-profit corporation, the main business of which is to conduct testing, inspection, and research of firefighting appliances; |
| 3. | It shall be equipped with human resources and facilities for inspection prescribed by Ordinance of the Ministry of the Interior and Safety; |
| 4. | The representative of such institution shall not fall under any of subparagraphs 1 through 3 of Article 27; |
| 5. | Where designation as a specialized institution was revoked pursuant to Article 43, two years shall have elapsed from the date of revocation of the designation. |
| (2) | Necessary matters concerning methods, procedures, etc. for designation of a specialized institution shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Jan. 7, 2014; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Where the Fire Commissioner of the National Fire Agency designates a specialized institution pursuant to paragraph (1), he/she may attach necessary conditions, including sharing costs for quality improvement of fire-fighting appliances and technology development for product inspections. In such cases, such conditions shall be limited to the minimum required for promotion of public interests without any unfair obligation. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (4) | Any specialized institutions shall submit a report on the current status of product inspections to the Fire Commissioner of the National Fire Agency, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (5) | Where the Fire Commissioner of the National Fire Agency has designated a specialized institution, he/she may evaluate product inspections of the specialized institution, as prescribed by Ordinance of the Ministry of the Interior and Safety, and may conduct a confirmation inspection on fire-fighting appliances that have received a product inspection. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (6) | Where the Fire Commissioner of the National Fire Agency evaluates a specialized institution or conducts a confirmation inspection under paragraph (5), he/she may publish the evaluation results or the confirmation inspection results, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (7) | Where the Fire Commissioner of the National Fire Agency conducts a confirmation inspection under paragraph (5), he/she may require a specialized institution to pay the expense incurred in a confirmation inspection, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 43 (Revocation, etc. of Designation of Specialized Institutions) |
Where a specialized institution falls under any of the following subparagraphs, the Fire Commissioner of the National Fire Agency may revoke the designation of such institution or order the suspension of business for a fixed period not exceeding six months: Provided, That if it falls under subparagraph 1, such designation shall be revoked: <Amended on Jan. 7, 2014; Nov. 19, 2014; Jul. 26, 2017>
| 1. | Where it has been designated by fraud or other wrongful means; |
| 2. | Where it has failed to conduct the designated affairs, such as a product inspection or in-service training, for not less than one year without just cause; |
| 3. | Where it fails to meet the requirements under the subparagraphs of Article 42 (1) or it has violated the conditions under Article 42 (3); |
| 4. | Where it is deemed inappropriate to conduct affairs of a specialized institution because it violated this Act or other statutes as a result of the supervision under Article 46 (1) 7. |
[This Article Wholly Amended on Aug. 4, 2011]
Where the Fire Commissioner of the National Fire Agency or the relevant Mayor/Do Governor intends to take any of the following measures, he/she shall hold a hearing: <Amended on Jan. 7, 2014; Nov. 19, 2014; Jan. 27, 2016; Jul. 26, 2017>
| 1. | Revocation or suspension of qualification for a manager under Article 28; |
| 2. | Revocation of registration of management business or suspension of business under Article 34 (1); |
| 3. | Revocation of type approval of fire-fighting appliances or suspension of product inspections under Article 38; |
| 3-2. | Revocation of performance certification under Article 39-3; |
| 4. | Revocation of an excellent quality certification under Article 40 (5); |
| 5. | Revocation of designation of a specialized institution or suspension of business under Article 43. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 45 (Delegation, Entrustment, etc. of Authority) |
| (1) | Part of authority of the Fire Commissioner of the National Fire Agency or a Mayor/Do Governor vested under this Act may be delegated to the relevant Mayor/Do Governor, the director general of a firefighting headquarters or head of a fire station, as prescribed by Presidential Decree. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The Fire Commissioner of the National Fire Agency may entrust any of the following affairs to the Korea Fire Institute under Article 14 of the Firefighting Industry Promotion Act (hereinafter referred to as the "Fire Institute"). In such cases, the Fire Commissioner of the National Fire Agency may subsidize some of expenses incurred in technical development, research, etc. on firefighting systems and firefighting appliances to the Fire Institute: <Amended on Nov. 19, 2014; Jul. 24, 2015; Jan. 27, 2016; Jul. 26, 2017> |
| 1. | A test prescribed by Presidential Decree among flame retardation performance tests under Article 13; |
| 2. | Type approval of fire-fighting appliances under Article 36 (1), (2) and (8) through (10); |
| 3. | Approval for an alteration of type approval under Article 37; |
| 3-2. | Revocation of type approval under Article 38 (1); |
| 4. | Performance certification under Article 39 (1) and (6) and revocation of performance certification under Article 39-3; |
| 5. | Certification for an alteration of performance certification under Article 39-2; |
| 6. | Excellent quality certification and revocation thereof under Article 40. |
| (3) | The Fire Commissioner of the National Fire Agency may entrust the Korea Fire Safety Institute (hereinafter referred to as the "Safety Institute") under Article 40 of the Framework Act on Firefighting Services with education for fire safety controllers, etc. under Article 41. <Amended on Nov. 19, 2014; Jul. 26, 2017; Dec. 26, 2017> |
| (4) | The Fire Commissioner of the National Fire Agency may entrust the Fire Institute or any specialized institution with affairs concerning product inspections under Articles 36 (3) and 39 (2). <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (5) | Necessary matters concerning the standards for facilities or such, with which the Safety Institute, the Fire Institute, and specialized institutions conducting affairs entrusted under paragraphs (2) through (4) shall comply, shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 26, 2017> |
| (6) | The Fire Commissioner of the National Fire Agency may entrust a corporation or an entity related to firefighting technology with the following affairs, as prescribed by Presidential Decree: <Amended on Jan. 7, 2014; Nov. 19, 2014; Jul. 24, 2015; Jul. 26, 2017> |
| 1. | Affairs concerning the issuance and reissuance of a certificate of firefighting system manager under Article 26 (4) and (5); |
| 2. | Affairs concerning the evaluation and public announcement of inspection capability under Article 33-2 (1); |
| 3. | Affairs concerning the establishment of database under Article 33-2 (4). |
| (7) | The Fire Commissioner of the National Fire Agency may, as prescribed by Presidential Decree, entrust fire safety-related specialized research institutes with affairs concerning research into trend for changes of construction circumstances and fire risk peculiarities under Article 9-4 (3). In such cases, the Fire Commissioner of the National Fire Agency may provide subsidies for expenses necessary for such research. <Amended on Jan. 27, 2016; Jul. 26, 2017> |
| (8) | A person who is or was engaged in the affairs entrusted pursuant to paragraphs (6) and (7) shall neither use for purposes other than those prescribed by this Act the confidential information which comes to his/her knowledge in the course of performing his/her duties nor provide or divulge it to other persons or institutions. <Newly Inserted on Jan. 27, 2016> |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 45-2 (Legal Fiction as Public Official in Application of Penalty Provisions) |
Persons who are not public officials among members of a special fire safety inspection committee under Article 4 (3), experts who participate in a special fire safety inspection under Article 4-2 (1), and executive officers and employees of the Safety Institute, the Fire Institute, specialized institutions, corporations, or entities who are in charge of the affairs entrusted under Article 45 (2) through (6), shall be deemed public officials for the purposes of Articles 129 through 132 of the Criminal Act. <Amended on Dec. 30, 2014; Jul. 24, 2015; Dec. 26, 2017> [This Article Newly Inserted on Aug. 4, 2011]
| (1) | When necessary for supervising any of the following persons, companies, objects of fire service or such, the Fire Commissioner of the National Fire Agency, a Mayor/Do Governor, the director general of a fire-fighting headquarters or head of a fire station may order any relevant person to file a necessary report or submit data, and have the competent public official visit any object of fire service, establishment, office or place of business to inspect related documents, facilities and products, etc., or to inquire of relevant persons: <Amended on Nov. 19, 2014; Dec. 30, 2014; Jan. 27, 2016; Jul. 26, 2017> |
| 1. | A management business operator under Article 29 (1); |
| 2. | A specific object of fire service on which a management business operator has conducted an inspection under Article 25; |
| 4. | A person who has obtained type approval of fire-fighting appliances, or has undergone a product inspection or examination of testing facilities under Article 36 (1) through (3) and (10); |
| 5. | A person who has obtained approval for alteration under Article 37 (1); |
| 6. | A person who has received performance certification and has undergone a product inspection under Article 39 (1), (2) and (6); |
| 7. | A specialized institution designated under Article 42 (1); |
| 8. | A person who sells firefighting appliances. |
| (2) | The competent public official who makes a visit and conducts an inspection under paragraph (1) shall carry a certificate indicating his/her authority with him/herself and produce it to relevant persons. |
| (3) | The competent public official who makes a visit and conducts an inspection under paragraph (1) shall not interfere with legitimate business practices of interested persons or divulge any confidential information learned in the course of visits and inspections to third persons. |
[This Article Wholly Amended on Aug. 4, 2011]
Any of the following persons shall pay fees or educational expenses, as prescribed by Ordinance of the Ministry of the Interior and Safety: <Amended on Mar. 23, 2013; Jan. 7, 2014; Nov. 19, 2014; Jul. 24, 2015; Jan. 27, 2016; Jul. 26, 2017>
| 1. | A person who intends to receive a flame retardation performance test under Article 13; |
| 2. | Deleted; <Dec. 30, 2014> |
| 3. | Deleted; <Dec. 30, 2014> |
| 4. | Deleted; <Dec. 30, 2014> |
| 5. | A person who intends to apply for a manager examination under Article 26 (1); |
| 5-2. | A person who intends to be issued or reissued a certificate of fire-fighting system manager in accordance with Article 26 (4) or (5); |
| 6. | A person who intends to have his/her management business registered under Article 29 (1); |
| 7. | A person who intends to have a certificate of registration or a registration pocketbook of management business reissued under Article 29 (3); |
| 8. | A person who intends to file a report on succession to the status of a management business operator under Article 32 (3); |
| 9. | A person who intends to obtain a type approval of a fire fighting appliance in accordance with Articles 36 (1) and (10); |
| 10. | A person who intends to undergo an examination on testing facilities in accordance with Article 36 (2); |
| 11. | A person who intends to undergo, in accordance with Article 36 (3), a product inspection on a fire-fighting appliance for which type approval has been granted; |
| 12. | A person who intends to obtain approval for alteration of an approved type under Article 37 (1); |
| 13. | A person who intends to obtain performance certification of a firefighting appliance in accordance with Article 39 (1) and (6); |
| 14. | A person who intends to undergo, in accordance with Article 39 (2), a product inspection on a firefighting appliance for which performance certification has been granted; |
| 15. | A person who intends to obtain certification for alteration of any performance certification under Article 39-2 (1); |
| 16. | A person who intends to obtain excellent quality certification under Article 40 (1); |
| 17. | A person who intends to take a training course or receive in-service training under Article 41; |
| 18. | A person who intends to be designated as a specialized institution under Article 42. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 47-2 (Extension of Period of Order to Take Measures, etc.) |
| (1) | An interested person, etc. who has received an order to take measures, order of appointment, or order of performance issued under the following subparagraphs (hereinafter referred to as "order to take measures, etc.") may, where he/she is unable to comply with the order to take measures, etc. within the fixed period due to a natural disaster or any other reason prescribed by Presidential Decree, request the Fire Commissioner of the National Fire Agency, the director general of a firefighting headquarters or head of a fire station who has issued the order to take measures, etc. to extend the period for performance thereof, as prescribed by Presidential Decree: <Amended on Jan. 27, 2016; Jul. 26, 2017> |
| 1. | Repair, move, removal, prohibition or restriction of the use of, closure, suspension or discontinuance of the installation of an object of fire service, and other necessary measures under Article 5 (1) or (2); |
| 2. | An order to take measures on a fire-fighting system under Article 9 (2); |
| 3. | An order to take measures on escape facilities, fire compartments and fire prevention facilities under Article 10 (2); |
| 4. | An order to remove flame-resistant goods or to have a flame retardation performance test under Article 12 (2); |
| 5. | An order to appoint a fire safety controller under Article 20 (12); |
| 6. | An order to perform fire safety control affairs under Article 20 (13); |
| 7. | An order to collect, disuse, replace, etc. firefighting appliances which are not formally approved under Article 36 (7); |
| 8. | An order to recall, exchange or discard fire-fighting appliances with material defects under Article 40-3 (2). |
| (2) | The Fire Commissioner of the National Fire Agency, the director general of a firefighting headquarters or head of a fire station who receives an application for extension under paragraph (1) shall determine whether to approve the extension and notify an interested person, etc. of the result thereof within the period for performance. <Amended on Jul. 26, 2017> |
[This Article Newly Inserted on Dec. 30, 2014]
| Article 47-3 (Payment of Monetary Rewards for Reporting) |
| (1) | Any one may report a person committing any of the following acts to the director general of a firefighting headquarters or head of a fire station: |
| 1. | A person who has installed, or maintain and manage a fire-fighting system in violation of Article 9 (1); |
| 2. | A person who has committed an act such as closing or shutting down a fire-fighting system in violation of Article 9 (3); |
| 3. | A person who has committed an act falling under any subparagraph of Article 10 (1). |
| (2) | Where receiving a report under paragraph (1), the director general of a firefighting headquarters, or head of a fire station shall promptly take action in the report after grasping the details and shall notify the reporter of the results in compliance with methods and procedures prescribed by Ordinance of the Ministry of the Interior and Safety. <Newly Inserted on Oct. 16, 2018> |
| (3) | The director general of a firefighting headquarters, or head of a fire station may pay within budgetary limits a monetary reward to a person who makes a report under paragraph (1). |
| (4) | Matters necessary for persons eligible to be paid a monetary reward referred to in paragraph (3), and for standards and procedures for paying a monetary reward shall be prescribed by ordinance of the Special Metropolitan City, a Metropolitan City, the Special Self-Governing City, a Do, or the Special Self-Governing Province. <Amended on Oct. 16, 2018> |
[This Article Newly Inserted on Jan. 27, 2016]
[Title Amended on Oct. 16, 2018]
CHAPTER VIII PENALTY PROVISIONS
| Article 48 (Penalty Provisions) |
| (1) | Any person who closes or shuts down a fire-fighting system, in violation of the main clause of Article 9 (3) shall be punished by imprisonment with labor for not more than 5 years or by a fine not exceeding 50 million won. <Amended on Jan. 7, 2014; Jan. 27, 2016> |
| (2) | Any person committing an act under paragraph (1) shall, in case of causing injury to other person, be punished by imprisonment with labor for not more than 7 years or by a fine not exceeding 70 million won, and shall, in case of causing death to other person shall be punished by imprisonment with labor for not more than 10 years or by a fine not exceeding 100 million won. <Newly Inserted on Jan. 27, 2016> |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 48-2 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than 3 years or by a fine not exceeding 30 million won: <Amended on Jan. 7, 2014; Dec. 30, 2014; Jul. 24, 2015; Jan. 27, 2016>
| 1. | A person who violates an order issued under Articles 5 (1) and (2), 9 (2), 10 (2), 10-2 (3), 12 (2), 20 (12), 20 (13), 36 (7) or 40-3 (2) without just cause; |
| 2. | A person who conducts flame retardation business or management business without registration of such business, in violation of Article 29 (1); |
| 3. | A person who manufactures or imports fire-fighting appliances without having obtained type approval, in violation of Article 36 (1), (2) and (10); |
| 4. | A person who fails to undergo a product inspection, in violation of Article 36 (3); |
| 5. | A person who sells or displays any fire-fighting appliances falling under the subparagraphs of Article 36 (6), or uses them for firefighting system installation works, in violation of Article 36 (6); |
| 6. | A person who, in violation of Article 39 (5), fails to undergo a product inspection, or sells, displays, or uses any fire-fighting appliance without a pass label for fire-fighting system installation works; |
| 7. | A person who is designated as a specialized institution under Article 42 (1) by fraud or other wrongful means. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 49 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended on Dec. 30, 2014; Jul. 24, 2015; Dec. 26, 2017>
| 1. | A person who interferes with legitimate business of an interested person or a person who provides, divulges, or use for purposes other than originally intended any confidential information that he/she has learned in the course of conducting inspection duties, in violation of Article 4-4 (2) or 46 (3); |
| 2. | A person who lends his/her certificate of registration or registration pocketbook of flame retardation business or management business to a third person, in violation of Article 33 (1); |
| 3. | A person who conducts management business during the period of suspension of business by disposition of the suspension of business, in violation of Article 34 (1); |
| 4. | A person who fails to conduct an in-house inspection on fire-fighting systems or such, or to have a management business operator or such conduct a regular inspection on them, in violation of Article 25 (1); |
| 5. | A person who lends his/her certificate of firefighting system manager to a third person, in violation of Article 26 (6) or is employed by at least two companies at the same time, in violation of Article 26 (7); |
| 6. | A person who places a pass label on a firefighting appliance which has failed to pass a product inspection under Article 36 (3) or uses a forged or altered pass label; |
| 7. | A person who fails to obtain approval for alteration of an approved type, in violation of Article 37 (1); |
| 8. | A person who places a mark of performance certification or a pass label on a firefighting appliance which fails to pass a product inspection or uses a forged or altered mark of performance certification or pass label, in violation of Article 39 (5); |
| 9. | A person who fails to obtain certification for alteration of performance certification in violation of Article 39-2 (1); |
| 10. | A person who places a mark of excellent quality certification on a firefighting appliance which fails to receive excellent quality certification under Article 40 (1) or forges or alters mark of excellent quality certification. |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 50 (Penalty Provisions) |
Any of the following persons shall be punished by a fine not exceeding three million won: <Amended on Jan. 7, 2014; Jan. 27, 2016>
| 1. | A person who refuses, interferes with, or evades a special fire safety inspection under Article 4 (1) without just cause; |
| 2. | Deleted; <Dec. 26, 2017> |
| 3. | A person who indicates a pass label on goods which have failed to pass a flame retardation test or uses a pass label by forgery or alteration, in violation of Article 13; |
| 4. | A person who submits a false sample, in violation of Article 13 (2); |
| 5. | A person who fails to appoint a fire safety controller or assistant fire safety controller, in violation of Article 20 (2); |
| 5-2. | A person who fails to appoint a joint fire safety controller, in violation of Article 21; |
| 6. | A fire safety controller who fails to issue an order to take necessary measures, notwithstanding the fact that he/she has discovered a fire-fighting system, escape facility, fire prevention facility, or fire compartment has violated statutes, in violation of Article 20 (8); |
| 7. | An interested person who treats a fire safety controller unfavorably, in violation of Article 20 (9); |
| 8. | A person who prepares a false inspection record sheet in violation of Article 33-3 (1), or fails to attach it to the relevant specific object of fire service; |
| 9. | Deleted; <Dec. 26, 2017> |
| 9-2. | Deleted; <Dec. 26, 2017> |
| 10. | Deleted; <Dec. 26, 2017> |
| 11. | A person who uses confidential information learned while conducting his/her duties for purposes other than those prescribed by this Act or provide or divulge it to other persons or institutions, in violation of Article 45 (8). |
[This Article Wholly Amended on Aug. 4, 2011]
| Article 51 Deleted. <Aug. 4, 2011> |
| Article 52 (Joint Penalty Provisions) |
Where the representative of a corporation, or an agent, or employee of or other persons employed by a corporation or individual commits any of the offences falling under the subparagraphs of Articles 48 through 51 in connection with the business of the corporation or individual, not only shall such offender be punished but such corporation or individual shall also be punished by a fine referred to in the relevant provisions: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention to and supervision over the relevant business to prevent such offence. [This Article Wholly Amended on Dec. 26, 2008]
| Article 53 (Administrative Fines) |
| (1) | Any of the following persons shall be punished by an administrative fine not exceeding three million won: <Newly Inserted on Jan. 27, 2016; Jun. 9, 2020> |
| 1. | A person who installs, or maintains and manages a firefighting system in violation of fire safety standards referred to in the former part of Article 9 (1); |
| 2. | A person who commits an act, such as closing, destroying or changing of escape facilities, fire compartments, or fire prevention facilities, in violation of Article 10 (1); |
| 3. | A person who fails to install, maintain, or manage temporary firefighting systems in violation of Article 10-2 (1). |
| (2) | Any of the following persons shall be punished by an administrative fine not exceeding two million won: <Amended on Jan. 7, 2014; Dec. 30, 2014; Jan. 27, 2016> |
| 2. | Deleted; <Jan. 27, 2016> |
| 3. | A person who fails to make a report under Article 20 (4), 31 or 32 (3) or makes a false report; |
| 3-2. | Deleted; <Dec. 30, 2014> |
| 4. | Deleted; <Dec. 30, 2014> |
| 5. | A person who fails to conduct fire safety control, in violation of Article 20 (1); |
| 6. | A person concerned of a specific object of fire service or a fire safety controller of an object of fire safety who fails to conduct fire safety control under Article 20 (6); |
| 7. | A person who fails to conduct direction and supervision, in violation of Article 20 (7); |
| 7-2. | A person who fails to provide the escape guide information, in violation of Article 21-2 (3); |
| 8. | A person who fails to conduct a fire drill and training, in violation of Article 22 (1); |
| 9. | A person who fails to conduct fire safety control, in violation of Article 24 (1); |
| 10. | A person who fails to make a report of the result of inspection on fire-fighting systems, etc., in violation of Article 25 (2), or files a false report; |
| 11. | A management business operator who fails to notify a person relevant to a specific object of fire service of the fact of the status succession, administrative disposition, or business suspension or closure, in violation of Article 33 (2), or notifies falsely; |
| 12. | A person who conducts an in-house inspection without technical personnel participating, in violation of Article 33 (3); |
| 12-2. | A person who submits a document referred to in Article 33-2 (2) in falsehood; |
| 13. | A person who fails to make a report or submit data, in violation of an order under Article 46 (1), makes a false report or submits false data; or a person who refuses, obstructs, or evades the visit, investigation or inspection by a public official concerned without any justifiable reason. |
| (3) | A fire safety controller or an assistant fire safety controller who fails to receive an in-service training, in violation of Article 41 (1) 1 or 2, shall be punished by an administrative fine not exceeding one million won. <Newly Inserted on Mar. 2, 2018> |
| (4) | Administrative fines referred to in paragraphs (1) and (3) shall be imposed and collected by the Fire Commissioner of the National Fire Agency, competent Mayor/Do Governor, director general of the competent firefighting headquarters or head of the competent fire station, as prescribed by Presidential Decree. <Amended on Jan. 7, 2014; Nov. 19, 2014; Jan. 27, 2016; Jul. 26, 2017> |
[This Article Wholly Amended on Aug. 4, 2011]
ADDENDA <Act No. 6895, May 29, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Disposition, etc. Issued under Previous Fire Services Act) Acts done by or in relations to administrative agencies under the provisions regarding this Act referred to in the previous Fire Services Act as at the time this Acts enters into force shall be deemed acts done by or in relation to administrative agencies under this Act corresponding thereto. Article 3 (Transitional Measures concerning Installation, Maintenance and Supervision of Fire-Fighting Systems)
Fire-fighting systems or such installed, maintained and supervised in compliance with the previous Fire Services Act as at the time this Act enters into force shall be deemed fire-fighting systems or such in compliance with Article 9 (1): Provided, That in the case of fire-fighting systems or such in an underground duct, fire-fighting systems or such in compliance with the fire safety standards under Article 9 (1) shall be installed, maintained, and supervised. Article 4 (Transitional Measures concerning Reasons for Disqualification of Fire-Fighting System Manager)
A fire-fighting system manager who was sentenced to imprisonment without labor or heavier punishment, or the suspension of the execution of the sentence pursuant to the previous Fire Services Act due to an act committed before this Act enters into force shall, notwithstanding subparagraph 3 or 4 of Article 27, be deemed a person who was sentenced to imprisonment without labor or heavier punishment, or the suspension of the execution of the sentence pursuant to the relevant Act referred to in subparagraph 3 or 4 of the same Article. Article 5 (Transitional Measures concerning Fire-Fighting System Maintenance Business)
A fire-fighting system maintenance business registered under the previous Fire Services Act as at the time this Act enters into force shall be deemed a management business registered under this Act. Article 6 (Transitional Measures concerning Reasons for Disqualification of Fire-Fighting System Maintenance Business Owner)
A fire-fighting systems maintenance business owner who was sentenced to imprisonment without labor or heavier punishment, or the suspension of the execution of the sentence pursuant to the previous Fire Services Act due to an act committed before this Act enters into force shall, notwithstanding subparagraph 3 or 4 of Article 30, be deemed a person who was sentenced to imprisonment without labor or heavier punishment, or the suspension of the execution of the sentence pursuant to the relevant Act referred to in subparagraph 3 or 4 of the same Article. Article 7 (Transitional Measures concerning Administrative Disposition)
When applying the provisions regarding administrative disposition to acts committed before this Act enters into force, the previous Fire Services Act shall govern. Article 8 (Relationship to Other Statutes)
Where the provisions of the previous Fire Services Act are cited by other statutes as at the time this Act enters into force when this Act includes the provisions corresponding thereto, the corresponding provisions of this Act shall be deemed cited in lieu of the previous provisions.
ADDENDA <Act No. 7428, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 7661, Aug. 4, 2005>
This Act shall enter into force one year after the date of its promulgation.
ADDENDUM <Act No. 7903, Mar. 24, 2006>
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 7906, Mar. 24, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 7983, Sep. 22, 2006>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8974, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDUM <Act No. 9093, Jun. 5, 2008>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 9094, Jun. 5, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 9199, Dec. 26, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10219, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 10250, Apr. 12, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 11037, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Installation of Fire Extinguisher and Stand-Alone Fire Alarm Detector in Houses)
The amended Article 8 shall apply starting from the first case of construction, enlargement, remodeling, reconstruction, relocation, and repair on a large scale of a house after this Act enters into force: Provided, That as to a house having existed since before this Act enters into force, such amended provisions shall apply five years after this Act enters into force. Article 3 (Applicability to Seismic Design Standards)
The amended Article 9-2 shall apply starting from the fire-fighting system newly installed in the first specific object of fire service of which construction, remodeling, enlargement, reconstruction, repair on a large scale, alteration of the purpose of use, etc. is applied for obtaining permission, or is reported on, after this Act enters into force. Article 4 (Applicability to Fire-Fighting System Standards)
The amended Article 11 (1) 3 shall apply starting from the Presidential Decree or the fire safety standard which is amended and enters into force after this Act enters into force. Article 5 (Transitional Measures concerning Penalty Provisions)
For the purpose of the application of penalty provisions, any act done before this Act enters into force shall be governed by the former penalty provisions.
Article 6 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. 11998, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 12207, Jan. 7, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That any of the following amended provisions shall enter into force one year after the date of the promulgation thereof:
| 1. | Provisions concerning the maintenance, management, etc. of temporary fire-fighting systems prescribed in the amended provisions of Article 10-2 and subparagraph 1 of Article 48-2; |
| 2. | Provisions concerning assistant fire safety controllers or early response systems under the amended provisions of Articles 20 (2) and (6) and 41, and subparagraph 5 of Article 50. |
Article 2 (Applicability to Consent to Permission for Alteration of Purpose of Use, etc. of Building, etc.)
The amended provisions of Article 7 (1) shall apply starting from the first case of application for alteration of the purpose of use or for permission for substantial repair of a building, etc. filed after this Act enters into force. Article 3 (Applicability to Entrustment of Fire Safety Control Affairs)
The amended provisions of Article 20 (3) and (10) shall apply starting from the first case of entering into a contract for the entrustment of fire safety control affairs after this Act enters into force. Article 4 (Applicability to Change of Human Resources Participating in In-House Inspection of Fire-Fighting Systems, etc.)
The amended provisions of Article 33 (3) shall apply starting from the first case of newly conducting an in-house inspection by a management business operator after this Act enters into force. Article 5 (Applicability to Expansion of Scope of Matters subject to Hearings)
The amended provisions of Article 44 shall apply starting from the first case of issuing an order to suspend qualifications, etc. against a violation committed after this Act enters into force. Article 6 (Transitional Measures concerning Administrative Dispositions and Administrative Fines)
Notwithstanding the amended provisions of Articles 19 (1), 28, 34 (1), 38 (1), and 53 (1) 12, the previous provisions shall govern the imposition of administrative disposition of or an administrative fine for a violation committed before this Act enters into force.
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.
ADDENDA <Act No. 12939, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Legal Fiction as Public Official in Application of Penalty Provisions)
Article 3 (Applicability to Extension of Period of Order to Take Measures, etc.)
The amended provisions of Article 47-2 shall also apply to orders to take measures, etc. having been imposed as at the time this Act enters into force. Article 4 (Transitional Measures concerning Performance-Oriented Design)
Article 5 (Transitional Measures concerning Fire-Fighting Technology Deliberative Committee)
The Central Fire-Fighting Technology Deliberative Committee and regional fire-fighting technology deliberative committees which have been established and operated under the previous provisions as at the time this Act enters into force shall be deemed the Central Fire-Fighting Technology Deliberative Committee and regional fire-fighting technology deliberative committees under the amended provisions of Article 11-2. Article 6 Omitted.
ADDENDA <Act No. 13062, Jan. 20, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Relationship to Other Statutes)
References to the previous Installation, Maintenance and Safety Control of Fire-Fighting Systems Act or any provisions thereof in statutes as at the time this Act enters into force shall, if this Act includes corresponding provisions, be deemed to references to this Act or the corresponding provisions thereof in lieu of the previous Installation, Maintenance and Safety Control of Fire-Fighting Systems Act or any such provisions thereof.
ADDENDA <Act No. 13439, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Grounds for Disqualification of Registration, etc.)
The amended provisions of subparagraph 4 of Article 27 and subparagraph 4 of Article 30 shall also apply to a person whose qualification or registration is cancelled because he/sha falls under the previous subparagraph 1 of Article 27 or the previous subparagraph 1 of Article 30 before this Act enters into force. Article 3 (Applicability to Fees)
The amended provisions of subparagraphs 5-2 and 15 of Article 47 shall apply beginning with the persons who apply either for the issuance or reissuance of a certificate of fire-fighting system manager or for the certification for alteration of any performance certification on and after this Act enters into force. Article 4 (Transitional Measures concerning Special Fire Safety Inspection Committee)
A special fire safety inspection selection committee formed by the director general of a fire-fighting headquarters, as at the time this Act enters into force, shall be deemed a special fire safety inspection committee formed in accordance with the amended provisions of Article 4 (3). Article 5 (Transitional Measures concerning Incompetent Persons, etc.)
Persons under adult guardianship in accordance with the amended provisions of subparagraph 1 of Article 27 and subparagraph 1 of Article 30 shall be deemed to include persons for whom a declaration of incompetence or quasi-incompetence continues to be effective in accordance with Article 2 of the Addenda of the Civil Act (Act No. 10429).
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. 13917, Jan. 27, 2016>
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 14476, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
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 amendments to Acts which are promulgated before this Act enters into force, but the enforcement dates of which have not arrived yet, among the Acts amended by Article 5 of the Addenda, shall enter into force on the respective enforcement date of the relevant Act. Articles 2 through 6 Omitted.
ADDENDA <Act No. 15300, Dec. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 15303, Dec. 26, 2017>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 15419, Mar. 2, 2018>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 53 (3) and (4) shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 15533, Mar. 27, 2018>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 15810, Oct. 16, 2018>
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Article 47-3 shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 16596, Nov. 26, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 17007, Feb. 18, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2021. (Proviso Omitted.)
Article 2 (Preliminary Measures to Transfer Affairs)
| (1) | The head of a relevant central administrative agency shall formulate necessary measures to provide required personnel and financial resources necessary for a full-scale transfer of the central administrative authority and affairs under this Act and shall report said measures to a standing committee of the National Assembly not later than three months before the date of entry into force of this Act. |
Article 3 (General Transitional Measures concerning Administrative Dispositions, etc.)
Any disposition or other acts taken or conducted by an administrative agency under the previous provisions as at the time this Act enters into force shall be deemed a disposition or acts taken or conducted by an administrative agency under the provisions of this Act; and any application, report, or other acts filed with or conducted toward an administrative agency under the previous provisions shall be deemed an application, report, or acts filed with or conducted toward an administrative agency under the provisions of this Act.
Article 4 Omitted.
ADDENDA <Act No. 17091, Mar. 24, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 17395, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Article shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Existing Underground Cable Tunnels)
An interested persons of an underground cable tunnel (limited to electricity or communications business) established before this Act enters into force shall install firefighting systems in compliance with the Presidential Decree and satisfy standards within two years from the date this Act enters into force.