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FIREFIGHTING SYSTEM INSTALLATION BUSINESS ACT

Act No. 6894, May 29, 2003

Amended by Act No. 7428, Mar. 31, 2005

Act No. 7660, Aug. 4, 2005

Act No. 7982, Sep. 22, 2006

Act No. 8852, Feb. 29, 2008

Act No. 9198, Dec. 26, 2008

Act No. 10250, Apr. 12, 2010

Act No. 10303, May 17, 2010

Act No. 10219, May 31, 2010

Act No. 10385, Jul. 23, 2010

Act No. 11036, Aug. 4, 2011

Act No. 11690, Mar. 23, 2013

Act No. 11782, May 22, 2013

Act No. 11998, Aug. 6, 2013

Act No. 12844, Nov. 19, 2014

Act No. 12938, Dec. 30, 2014

Act No. 13417, Jul. 20, 2015

Act No. 13918, Jan. 27, 2016

Act No. 14476, Dec. 27, 2016

Act No. 14839, Jul. 26, 2017

Act No. 15300, Dec. 26, 2017

Act No. 15366, Feb. 9, 2018

Act No. 15763, Sep. 18, 2018

Act No. 17091, Mar. 24, 2020

Act No. 17378, jun. 9, 2020

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to ensure public safety against fire and contribute to the national economy with the sound development of firefighting system business and the promotion of firefighting technologies by prescribing matters necessary for the management of firefighting system installation and firefighting technologies.
[This Article Wholly Amended on Jul. 23, 2010]
 Article 2 (Definitions)
(2) The terms used in this Act are defined as follows: <Amended on Aug. 4, 2015; Dec. 30, 2014; Feb. 9, 2018>
1. The term "firefighting system business" means the following businesses:
(a) Firefighting system design: Preparing (hereinafter referred to as "design") construction plans, design drawings, specifications, technical calculations, and related documents (hereinafter referred to as "design documents") which constitute the basis for firefighting system installation works;
(b) Firefighting system installation: Newly installing, extending, remodeling, relocating, and maintaining (hereinafter referred to as "installation") firefighting systems in accordance with design documents;
(c) Firefighting system installation supervision: Ascertaining whether a firefighting system is installed lawfully in compliance with design documents and related statutes, and providing technical instructions on the quality and installation management (hereinafter referred to as "supervision") on behalf of a person who originally placed an order concerning firefighting system installation;
(d) Flame-retardant treatment: Providing flame-retardant treatment for articles subject to flame retardation prescribed in Article 12 (1) of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Firefighting Systems;
2. The term "firefighting system business entity" means an entity the firefighting system business of which has been registered under Article 4 to conduct firefighting system business;
3. The term "supervisor" means a fire protection engineer under a firefighting system installation supervision entity, who supervises the relevant firefighting system installation;
4. The term "fire protection engineer" means a person registered as technical human resources of firefighting system business or fire-fighting system management business under the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems from among the following persons or a person whose career in fire-fighting technology, etc. is recognized under Article 28:
(a) A firefighting system manager registered under the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems;
(b) A firefighting technician, firefighting equipment engineer, firefighting equipment industrial engineer, master craftsman controlling dangerous substances, industrial engineer controlling dangerous substances, and technician controlling dangerous substances prescribed in statutes related to national technical qualifications;
5. The term "person who originally placed an order" means a person who enters into a contract for the design, installation, supervision, and flame retardation of firefighting systems (hereinafter referred to as "firefighting system installation, etc.") with a firefighting system business entity; Provided, That a contractor who subcontracts contracted works shall be excluded herefrom).
(2) Except as otherwise expressly provided for in paragraph (1), the terms used in this Act shall be as defined in the Framework Act on Fire Services, the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Firefighting Systems, the Act on the Safety Control of Hazardous Substances, and the Framework Act on the Construction Industry. <Amended on Feb. 9, 2018>
[This Article Wholly Amended on Jul. 23, 2010]
 Article 2-2 (Responsibilities of Entities Involved in Fire-Fighting System Installation)
(1) The Fire Commissioner of the National Fire Agency shall develop and disseminate standards for firefighting system installation, etc. in order to ensure the quality and safety of the firefighting system installation, etc.
(2) Every project owner shall select a competent firefighting system business entity based on the fair criteria and procedure to ensure that firefighting systems are built to serve public safety and welfare, and shall strive to conduct firefighting system installation, etc. properly.
(3) Every firefighting system business entity shall comply with statutes governing firefighting system installation, etc. and conscientiously conduct the firefighting system installation, etc. as per the design documents, specifications, and conditions of the contract to ensure the quality and safety of such firefighting system installation, etc.
[This Article Newly Inserted on Feb. 9, 2018]
 Article 3 (Relationship to Other Statutes)
Except as expressly provided in this Act, the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Firefighting Systems and the Act on the Safety Control of Hazardous Substances shall apply to the management of firefighting system installation and firefighting technology. <Amended on Feb. 9, 2018>
[This Article Wholly Amended on Jul. 23, 2010]
CHAPTER II FIRE-FIGHTING SYSTEM BUSINESS
 Article 4 (Registration of Firefighting System Business)
(1) A person who intends to engage in firefighting system installation works, etc. of a specific firefighting object shall have his/her firefighting system business registered with the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") upon meeting the requirements prescribed by Presidential Decree, including capital (in cases of an individual, referring to the appraised value of his/her assets) and technical human resources by type of business. <Amended on Dec. 30, 2014>
(2) The scope of business by type of firefighting system business referred to 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>
(4) Notwithstanding paragraph (1), where a public corporation or quasi-governmental institution referred to in Article 5 of the Act on the Management of Public Institutions, and a local government-invested public corporation established under Article 49 of the Local Public Enterprises Act or a local government public corporation established under Article 76 of the same Act fully meets the following requirements, it may provide design and supervision by using its in-house technical human resources without being registered with the Mayor/Do Governor. In such cases, it shall be staffed with technical human resources prescribed by Presidential Decree:
1. That it shall be established for the purposes of building and supplying houses;
2. That it shall engage in design and supervision as its main business.
[This Article Wholly Amended on Jul. 23, 2010]
 Article 5 (Grounds for Disqualification of Registration)
None of the following persons shall have his/her firefighting system business registered: <Amended on May 22, 2013; Jul. 20, 2015; Feb. 9, 2018>
1. Where a cooperative member is declared a person under adult guardianship;
2. Deleted; <Jul. 20, 2015>
3. A person in whose case two years have not elapsed since his/her imprisonment without labor or heavier punishment, as declared by a court, pursuant to this Act, the Framework Act on Firefighting Services, the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Firefighting Systems, or the Act on the Safety Control of Hazardous Substances, was completely executed (including where execution thereof is deemed completed) or exempted;
4. A person under the suspension of execution of imprisonment without labor or heavier punishment, as declared by a court, pursuant to this Act, the Framework Act on Firefighting Services, the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Firefighting Systems, or the Act on the Safety Control of Hazardous Substances;
5. A person in whose case two years have not passed since his/her registration of firefighting system business which he/she intends to register was revoked (excluding cases where registration was revoked pursuant to subparagraph 1);
6. A corporation, the representative of which falls under any of subparagraphs 1 through 5;
7. A corporation, an executive officer of which falls under any of subparagraphs 3 through 5.
[This Article Wholly Amended on Jul. 23, 2010]
 Article 6 (Reporting on Alteration of Registered Matters)
Where any important matters prescribed by Ordinance of the Ministry of the Interior and Safety among the matters registered under Article 4, 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 Jul. 23, 2010]
 Article 6-2 (Report of Suspension or Closure of Business)
(1) Where any firefighting system business entity suspends, close, or re-opens firefighting system business, he/she shall report to the Mayor/Do Governor as prescribed by the Ordinance of the Ministry of the Interior and Safety. <Amended on Jul. 26, 2017>
(2) Upon receipt of report on closure of business pursuant to paragraph (1), the Mayor/Do Governor shall cancel registration of the firefighting system business and publicly announce such fact as prescribed by the Ordinance of the Ministry of the Interior and Safety. <Amended on Jul. 26, 2017>
(3) Where a person who has reported business closure under paragraph (1) registers the same type of firefighting system business under Article 4 again within six months after such registration was cancelled pursuant to paragraph (2), the relevant firefighting system business entity shall succeed the status of the firefighting system business entity before reporting business closure. <Newly Inserted on Jun. 9, 2020>
(4) For a person who succeeds to the status of a firefighting system business entity pursuant to paragraph (3), the effect of the administrative disposition against the firefighting system business entity prior to reporting the closure of business will be inherited. <Amended on Jun. 9, 2020>
[This Article Newly Inserted on Jan. 27, 2016]
 Article 6-2 (Reporting, etc. on International Petroleum Trading Business)
(1) Where any firefighting system business entity suspends, closes down, or re-opens firefighting system business, he/she shall report to the Mayor/Do Governor as prescribed by the Ordinance of the Ministry of the Interior and Safety. <Amended on Jul. 26, 2017>
(2) Upon receipt of report on closedown of business pursuant to paragraph (1), the Mayor/Do Governor shall cancel registration of the firefighting system business and publicly announce such fact as prescribed by the Ordinance of the Ministry of the Interior and Safety. <Amended on Jul. 26, 2017>
(3) Where a person who has reported business closure under paragraph (1) registers the same type of firefighting system business under Article 4 again within six months after such registration was cancelled pursuant to paragraph (2), the relevant firefighting system business entity shall succeed the status of the firefighting system business entity before reporting business closure. <Newly Inserted on Jun. 9, 2020>
(4) For a person who succeeds to the status of a firefighting system business entity pursuant to paragraph (3), the effect of the administrative disposition against the firefighting system business entity prior to reporting the closure of business will be inherited. <Amended on Jun. 9, 2020>
[This Article Newly Inserted on Jan. 27, 2016]
[Title of This Article Amended on Jun. 9, 2020]
[Enforcement Date: Jun. 10, 2021] Article 6-2
 Article 7 (Succession to Status of Fire-Fighting System Business Entities)
(1) Where any of the following persons intends to succeed to the status of a firefighting system business entity, he/she shall report such fact to the Mayor/Do Governor within 30 days from the date of inheritance, acquisition date, or merger, as prescribed by Ordinance of the Ministry of the Interior and Safety: <Amended on Jan. 27, 2016; Jun. 9, 2020>
1. When a firefighting system business entity dies: His/her heir;
2. When a firefighting system business entity transfers his/her business: His/her transferee;
3. When a corporate firefighting system business entity merges with another corporation: The corporation surviving the merger or a corporation established in the course of the merger;
4. Deleted. <Jun. 9, 2020>
(2) Where a person who has acquired all of the firefighting systems of a firefighting system business entity in accordance with any of the following procedures intends to succeed to the status of the former firefighting system business entity, he/she shall report such fact to the Mayor/Do Governor within 30 days from the date of acquisition, as prescribed by Ordinance of the Ministry of the Interior and Safety: <Amended on Dec. 27, 2016; Jun. 9, 2020>
1. Auction under the Civil Execution Act;
3. Sales of seized property provided in the National Tax Collection Act, the Customs Act or the Local Tax Collection Act;
4. Procedures corresponding to those referred to in subparagraphs 1 through 3.
(3) Upon receipt of a report under paragraph (1) or (2), the head of a public health center shall accept such report after reviewing the details thereof, if it conforms to this Act. <Newly Inserted on Jun. 9, 2020>
(4) Article 5 shall apply mutatis mutandis to succession to status prescribed in paragraph (1) or (2): Provided, That where an heir falls under any subparagraph of Article 5, the same shall not apply within three months from the date of succession.
(5) Where the report pursuant to paragraph (1) or (2) is accepted, a person falling under any subparagraph of paragraph (1) or a person who acquires the whole firefighting systems of a firefighting system business entity shall succeed to the status of the former firefighting system business entity from the date of inheritance, acquisition, merger or take-over. <Amended on Jun. 9, 2020>
[This Article Wholly Amended on Jul. 23, 2010]
 Article 8 (Operation of Firefighting System Business)
(1) No firefighting system business entity shall lend his/her registration certificate or registration pocketbook of firefighting system business to any third person.
(2) A firefighting system business entity the business of which is suspended or the registration of his/her business is revoked pursuant to Article 9 (1) shall not conduct firefighting system installation works, etc. from that date onwards: Provided, That this shall not apply while a firefighting system installation business entity is conducting installation works after his/her report on commencement of such works has been accepted with a valid contract for installation, or a firefighting system installation supervising business entity is conducting the relevant installation works, or while a person registered to provide flame-retardant treatment services pursuant to Article 4 (1) (hereinafter referred to as “flame-retardant treatment service provider”) is conducting flame-retardant treatment works contracted under the relevant valid contract. <Amended on Dec. 30, 2014; Feb. 9, 2018>
(3) Where any of the following applies to a firefighting system business entity, he/she shall promptly notify a related person of a specific firefighting object who entrusted firefighting system installation works, etc. of such fact: <Amended on Dec. 30, 2014>
1. When he/she succeeds to the status of a firefighting system business entity, as prescribed in Article 7;
2. When the registration of his/her firefighting system business is revoked or his/her firefighting system business is suspended under Article 9 (1);
3. When he/she suspends or closes his/her business.
(4) Firefighting system business entities shall keep related documents prescribed by Ordinance of the Ministry of the Interior and Safety during the defect liability period prescribed in Article 15 (1). <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
[This Article Wholly Amended on Jul. 23, 2010]
 Article 8 (Operation of Fire-Fighting System Business)
(1) No firefighting system business entity shall allow a third person to contract or perform firefighting system installation works, etc. by using his/her name or trade name, or lend a certificate of registration or a registration pocketbook of firefighting system business. <Amended on Jun. 9, 2020>
(2) A firefighting system business entity the business of which is suspended or the registration of his/her business is revoked pursuant to Article 9 (1) shall not conduct firefighting system installation works, etc. from that date onwards: Provided, That this shall not apply while a firefighting system installation business entity is conducting installation works after his/her report on commencement of such works has been accepted with a valid contract for installation, or a firefighting system installation supervising business entity is conducting the relevant installation works, or while a person registered to provide flame-retardant treatment services pursuant to Article 4 (1) (hereinafter referred to as “flame-retardant treatment service provider”) is conducting flame-retardant treatment works contracted under the relevant valid contract. <Amended on Dec. 30, 2014; Feb. 9, 2018>
(3) Where any of the following applies to a firefighting system business entity, he/she shall promptly notify a related person of a specific firefighting object who entrusted firefighting system installation works, etc. of such fact: <Amended on Dec. 30, 2014>
1. When he/she succeeds to the status of a firefighting system business entity, as prescribed in Article 7;
2. When the registration of his/her firefighting system business is revoked or his/her firefighting system business is suspended under Article 9 (1);
3. When he/she suspends or closes his/her business.
(4) Firefighting system business entities shall keep related documents prescribed by Ordinance of the Ministry of the Interior and Safety during the defect liability period prescribed in Article 15 (1). <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
[This Article Wholly Amended on Jul. 23, 2010]
[Enforcement Date: Jun. 10, 2021] Article 8
 Article 9 (Revocation of Registration, Suspension of Business)
(1) Where any of the following applies to a firefighting system business entity, the relevant Mayor/Do Governor may revoke his/her registration or order him/her to make some rectifications 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 when any of subparagraph 1, 3, or 7 applies to him/her, the relevant Mayor/Do Governor shall revoke his/her registration: <Amended on Mar. 23, 2013; Nov. 19, 2014; Dec. 30, 2014; Jul. 20, 2015; Jan. 27, 2016; Jul. 26, 2017; Feb. 9, 2018>
1. Where the vehicle owner has registered the vehicle by deception or other fraudulent means;
2. Where 30 days elapse after he/she has failed to meet registration standards prescribed in Article 4 (1): Provided, That this shall not apply even if 30 days elapse thereafter in cases prescribed by Presidential Decree when he/she fails to meet the capital requirement, such as where rehabilitation procedures are in progress after a court ruling has been issued for the commencement thereof under the Debtor Rehabilitation and Bankruptcy Act;
3. Where he/she becomes disqualified as provided for in the subparagraphs of Article 5;
4. Where he/she fails to commence his/her business within one year, or suspends his/her business for at least one consecutive year without good cause after obtaining registration;
5. Deleted; <May 22, 2013>
6. Where he/she lends his/her registration certificate or registration pocketbook to a third person, in violation of Article 8 (1);
7. Where he/she conducts firefighting system installation works, etc. during the period of suspension of business, in violation of Article 8 (2);
8. Where he/she fails to give notice or keep related documents, in violation of Article 8 (3) or (4);
9. Where he/she fails to conduct design or installation in compliance with the fire safety standards, etc. provided for in Article 9 (1) of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Firefighting Systems (hereinafter referred to as "fire safety standards"), in violation of Article 11 or 12 (1), or fails to conduct supervision in compliance with Article 16 (1);
10. Where he/she inflicts an injury or property damage on any third person by breaching duties, etc. of conducting firefighting system installation works, etc. as provided for in Article 11, 12 (1), 16 (1), or 20-2 by intention or negligence;
11. Where he/she fails to dispatch a subordinate fire protection engineer to an installation site, in violation of Article 12 (2), or does so deceitfully;
12. Where he/she fails to file a commencement report (including reporting on alteration), in violation of Article 13 or 14, or falsifies the commencement report, or fails to undergo a completion inspection (including a partial completion inspection);
13. Where he/she fails to report altered minor matters to be reported for commencement as included in an installation supervision report, in violation of Article 13 (2);
14. Where he/she fails to repair a defect during the defect liability period or fails to notify a defect repair plan, in violation of Article 15 (3);
15. Where he/she rejects, interferes with, or evades the handover and takeover, in violation of Article 17 (3);
16. Where he/she fails to dispatch a subordinate supervisor to an installation site, in violation of Article 18 (1), or does so deceitfully;
17. Where he/she violates any of the standards for dispatching supervisors prescribed in Article 18 (3);
18. Where he/she fails to comply with a request prescribed in Article 19 (1);
19. Where he/she fails to file a report, in violation of Article 19 (3);
20. Where he/she fails to notify the findings of supervision, notifies the false findings thereof, fails to report on the findings of installation supervision, or files a false report thereon, in violation of Article 20;
20-2. Where he/she provides flame-retardant treatment, in violation of Article 20-2;
21. Where he/she enters into a subcontract, in violation of Article 22;
22. Where he/she fails to notify or falsely notify the related person or the person who originally placed an order of matters concerning subcontract, etc., in violation of Article 21-3 (4);
23. Where he/she fails to comply with a request to replace a subcontractor or to amend the terms and conditions of a subcontract without good cause, in violation of Article 22-2 (2);
23-2. Where he/she fails to make a payment to a subcontractor, in violation of Article 22-3;
24. Where he/she concurrently engages in installation works and supervision, in violation of Article 24;
24-2. Where he/she participates in a tender by fraud or other wrongful means, such as counterfeiting or forging documents regarding the performance competency evaluation for the projects provided for in Article 26-2 (2);
25. Where he/she fails to report or present materials, in violation of an order issued under Article 31, or files a false report or presents false materials;
26. When he/she rejects, interferes with, or evades access or an inspection by a public official prescribed in Article 31 without good cause.
(2) Where an heir who has succeeded to the status of a firefighting system business entity, as prescribed in Article 7, falls under any of the subparagraphs of Article 5, paragraph (1) 3 shall not apply for six months from the commencement of succession.
(3) Where the firefighting system business entity falls under any of the subparagraphs of paragraph (1), the person who originally placed an order shall inform the Mayor/Do Governor of such fact. <Newly Inserted on Jan. 27, 2016>
(4) Where cancelling registration, suspending business, imposing penalty surcharges, etc. pursuant to paragraph (1) or Article 10 (1), the Mayor/Do Governor shall inform the person who originally placed an order of relevant details. <Newly Inserted on Jan. 27, 2016>
[This Article Wholly Amended on Jul. 23, 2010]
 Article 9 (Revocation of Registration, Suspension of Business)
(1) Where any of the following applies to a firefighting system business entity, the relevant Mayor/Do Governor may revoke his/her registration or order him/her to make some rectifications 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 when any of subparagraph 1, 3, or 7 applies to him/her, the relevant Mayor/Do Governor shall revoke his/her registration: <Amended on Mar. 23, 2013; Nov. 19, 2014; Dec. 30, 2014; Jul. 20, 2015; Jan. 27, 2016; Jul. 26, 2017; Feb. 9, 2018; Jun. 9, 2020>
1. Where the vehicle owner has registered the vehicle by deception or other fraudulent means;
2. Where 30 days elapse after he/she has failed to meet registration standards prescribed in Article 4 (1): Provided, That this shall not apply even if 30 days elapse thereafter in cases prescribed by Presidential Decree when he/she fails to meet the capital requirement, such as where rehabilitation procedures are in progress after a court ruling has been issued for the commencement thereof under the Debtor Rehabilitation and Bankruptcy Act;
3. Where he/she becomes disqualified as provided for in the subparagraphs of Article 5;
4. Where he/she fails to commence his/her business within one year, or suspends his/her business for at least one consecutive year without good cause after obtaining registration;
5. Deleted; <Jul. 22, 2013>
6. Where he/she allows a third person to contract or perform firefighting system installation works, etc. by using his/her name or trade name, or lends a certificate of registration or a registration pocketbook of firefighting system business to a third person, in violation of Article 8 (1);
7. Where he/she conducts firefighting system installation works, etc. during the period of suspension of business, in violation of Article 8 (2);
8. Where he/she fails to give notice or keep related documents, in violation of Article 8 (3) or (4);
9. Where he/she fails to conduct design or installation in compliance with the fire safety standards, etc. provided for in Article 9 (1) of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Firefighting Systems (hereinafter referred to as "fire safety standards"), in violation of Article 11 or 12 (1), or fails to conduct supervision in compliance with Article 16 (1);
10. Where he/she inflicts an injury or property damage on any third person by breaching duties, etc. of conducting firefighting system installation works, etc. as provided for in Article 11, 12 (1), 16 (1), or 20-2 by intention or negligence;
11. Where he/she fails to dispatch a subordinate fire protection engineer to an installation site, in violation of Article 12 (2), or does so deceitfully;
12. Where he/she fails to file a commencement report (including reporting on alteration), in violation of Article 13 or 14, or falsifies the commencement report, or fails to undergo a completion inspection (including a partial completion inspection);
13. Where he/she fails to report altered minor matters to be reported for commencement as included in an installation supervision report, in violation of the latter part of Article 13 (2);
14. Where he/she fails to repair a defect during the defect liability period or fails to notify a defect repair plan, in violation of Article 15 (3);
14-2. Where a transport service provider violates any condition or term under Article 16 (3);
15. Where he/she rejects, interferes with, or evades the handover and takeover, in violation of Article 17 (3);
16. Where he/she fails to dispatch a subordinate supervisor to an installation site, in violation of Article 18 (1), or does so deceitfully;
17. Where he/she violates any of the standards for dispatching supervisors prescribed in Article 18 (3);
18. Where he/she fails to comply with a request prescribed in Article 19 (1);
19. Where he/she fails to file a report, in violation of Article 19 (3);
20. Where he/she fails to notify the findings of supervision, notifies the false findings thereof, fails to report on the findings of installation supervision, or files a false report thereon, in violation of Article 20;
20-2. Where he/she provides flame-retardant treatment, in violation of Article 20-2;
20-3. In case of falsely submitting documents related to the evaluation of flame retardant treatment capacity under Article 21-3 (2);
20-4. Where he/she fails to notify or falsely notify the related person or the person who originally placed an order of matters concerning subcontract, etc., in violation of Article 21-3 (4);
21. Where he/she subcontracts the design, installation, or supervision of a firefighting system contracted, in violation of the main clause of Article 22 (1);
21-2. Where he/she subcontracts a subcontracted firefighting system installation, in violation of Article 22 (2);
22. [Subparagraph 22 moved to subparagraph 20-4 <on Jun. 9, 2020>]
23. Where he/she fails to comply with a request to replace a subcontractor or to amend the terms and conditions of a subcontract without good cause, in violation of Article 22-2 (2);
23-2. Where he/she fails to make a payment to a subcontractor, in violation of Article 22-3;
24. Where he/she concurrently engages in installation works and supervision, in violation of Article 24;
24-2. Where a false submission of documents related to the evaluation of installation capability pursuant to Article 26 (2);
24-3. Where he/she participates in a tender by fraud or other wrongful means, such as counterfeiting or forging documents regarding the performance competency evaluation for the projects provided for in Article 26-2 (2);
25. Where he/she fails to report or present materials, in violation of an order issued under Article 31, or files a false report or presents false materials;
26. When he/she rejects, interferes with, or evades access or an inspection by a public official prescribed in Article 31 without good cause.
(2) Where an heir who has succeeded to the status of a firefighting system business entity, as prescribed in Article 7, falls under any of the subparagraphs of Article 5, paragraph (1) 3 shall not apply for six months from the commencement of succession.
(3) Where the firefighting system business entity falls under any of the subparagraphs of paragraph (1), the person who originally placed an order shall inform the Mayor/Do Governor of such fact. <Newly Inserted on Jan. 27, 2016>
(4) Where cancelling registration, suspending business, imposing penalty surcharges, etc. pursuant to paragraph (1) or Article 10 (1), the Mayor/Do Governor shall inform the person who originally placed an order of relevant details. <Newly Inserted on Jan. 27, 2016>
[This Article Wholly Amended on Jul. 23, 2010]
[Enforcement Date: Jun. 10, 2021] Article 9
 Article 10 (Disposition of Penalty Surcharges)
(1) Where the suspension of business is likely to cause inconvenience to users or be detrimental to the public interest in any case falling under the subparagraphs of Article 9 (1), the Mayor/Do Governor may impose a penalty surcharge not exceeding 30 million won, in lieu of the suspension of business.
(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>
(4) Where a person liable to pay a penalty surcharge under paragraph (1) fails to pay it by the payment deadline, the Mayor/Do Governor shall collect it in accordance with the Act on the Collection, etc. of Local Non-Tax Revenue. <Amended on Aug. 6, 2013; Mar. 24, 2020>
[This Article Wholly Amended on Jul. 23, 2010]
 Article 10 (Disposition of Penalty Surcharges)
(1) Where the suspension of business is likely to cause inconvenience to users or be detrimental to the public interest in any case falling under the subparagraphs of Article 9 (1), the Mayor/Do Governor may impose a penalty surcharge not exceeding 200 million won, in lieu of the suspension of business. <Amended on Jun. 9, 2020>
(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>
(4) Where a person liable to pay a penalty surcharge under paragraph (1) fails to pay it by the payment deadline, the Mayor/Do Governor shall collect it in accordance with the Act on the Collection, etc. of Local Non-Tax Revenue. <Amended on Aug. 6, 2013; Mar. 24, 2020>
[This Article Wholly Amended on Jul. 23, 2010]
[Enforcement Date: Jun. 10, 2021] Article 10
CHAPTER III FIRE-FIGHTING SYSTEM INSTALLATION WORKS
SECTION 1 Design
 Article 11 (Design)
(1) A person whose firefighting system design business has been registered pursuant to Article 4 (1) (hereinafter referred to as "design business entity") shall design firefighting systems in compliance with this Act, any order issued under this Act, and the fire safety standards: Provided, That he/she need not comply with the fire safety standards if the design of a firefighting system is deemed unique in terms of its structure, principle, etc. following deliberation thereon by the Central Deliberative Committee on Fire-Fighting Technologies established under Article 11-2 (1) of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems. <Amended on Dec. 30, 2014; Feb. 9, 2018>
(2) Notwithstanding the main clause of paragraph (1), a design business entity shall design (hereinafter referred to as "performance-oriented design") a specific firefighting object (only applicable to new construction) provided for in Article 9-3 of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems in consideration of its use, location, structure, capacity to accommodate people, kinds and quantities of inflammables, etc. <Amended on Dec. 30, 2014; Feb. 9, 2018>
(3) Qualifications for persons eligible to conduct performance-oriented design, technical human resources, the scope of design depending on qualifications, and other necessary matters shall be prescribed by Presidential Decree.
(4) Deleted. <Dec. 30, 2014>
[This Article Wholly Amended on Jul. 23, 2010]
SECTION 2 Installation
 Article 12 (Performance of Work)
(1) A person whose firefighting system installation business has been registered pursuant to Article 4 (1) (hereinafter referred to as "installation business entity") shall conduct installation in compliance with this Act, any order issued under this Act, and the fire safety standards. In such cases, the proviso to Article 11 (1) shall apply mutatis mutandis to installation of a firefighting system, the method of construction of which is unique in terms of its structure, principle, etc.
(2) An installation business entity shall dispatch subordinate fire protection engineers to an installation site for the responsible installation and technical management of firefighting system installation, as prescribed by Presidential Decree.
[This Article Wholly Amended on Jul. 23, 2010]
 Article 13 (Filing of Commencement Reports)
(1) When an installation business entity intends to commence installation of a firefighting system prescribed by Presidential Decree, he/she shall report the details of such installation works, the place of installation, and other necessary matters to the head of the fire defense headquarters or the 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; Jul. 26, 2017>
(2) When an installation business entity alters important matters prescribed by Ordinance of the Ministry of the Interior and Safety among the matters reported under paragraph (1), he/she shall report on such alteration, as prescribed by Ordinance of the Ministry of the Interior and Safety. In such cases, he/she shall report on minor alterations to the head of the fire defense headquarters or the head of a fire station as included in an installation supervision report prescribed in Article 20. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(3) The head of the fire department headquarters or the head of the fire department shall notify the reporter of whether or not the report is accepted within two days from the date of receiving the report on start-up or change of installation pursuant to the first part of paragraph (1) or (2). <Newly Inserted on Jun. 9, 2020>
(6) Where the Minister of Oceans and Fisheries fails to notify a person who has filed a report of whether to accept it or the extension of handling period pursuant to the statutes or regulations related to civil petition handling within the period prescribed in paragraph (3), the report shall be deemed accepted on the date following the end of such period (referring to the relevant extended handling period in cases of the extension or re-extension of the handling period under the statutes or regulations related to civil petition handling). <Newly Inserted on Jun. 9, 2020>
[This Article Wholly Amended on Jul. 23, 2010]
 Article 13 (Filing of Commencement Reports)
(1) When an installation business entity intends to commence installation of a firefighting system prescribed by Presidential Decree, he/she shall report the details of such installation works, the place of installation, and other necessary matters to the head of the fire defense headquarters or the 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; Jul. 26, 2017>
(2) When an installation business entity alters important matters prescribed by Ordinance of the Ministry of the Interior and Safety among the matters reported under paragraph (1), he/she shall report on such alteration, as prescribed by Ordinance of the Ministry of the Interior and Safety. In such cases, he/she shall report on minor alterations to the head of the fire department headquarters or the head of the fire department as included in an installation supervision report prescribed in Article 20. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Jun. 9, 2020>
1. Documents for applying for a completion inspection or partial completion inspection under Article 14 (1) or (2);
2. Installation supervision report under Article 20.
(3) The head of the fire department headquarters or the head of the fire department shall notify the reporter of whether or not the report is accepted within two days from the date of receiving the report on commencement or alteration of installation pursuant to the first part of paragraph (1) or (2). <Newly Inserted on Jun. 9, 2020>
(4) Where the head of the fire department headquarters or the head of the fire department fails to notify a person who has filed a report of whether to accept it or the extension of handling period pursuant to the statutes or regulations related to civil petition handling within the period prescribed in paragraph (3), the report shall be deemed accepted on the date following the end of such period (referring to the relevant extended handling period in cases of the extension or re-extension of the handling period under the statutes or regulations related to civil petition handling). <Newly Inserted on Jun. 9, 2020>
[This Article Wholly Amended on Jul. 23, 2010]
[Enforcement Date: Jun. 10, 2021] Article 13
 Article 14 (Completion Inspection)
(1) Where an installation business entity has completed installation of a firefighting system, he/she shall undergo a completion inspection conducted by the head of the fire defense headquarters or the head of a fire station: Provided, That where an installation supervisor has been designated pursuant to Article 17 (1), an installation supervision report may substitute for the completion inspection, and in cases of a specific firefighting object prescribed by Presidential Decree, the head of the fire defense headquarters or the head of a fire station may ascertain whether the installation of such specific firefighting system has been completed as stated in the installation supervision report at the installation site.
(2) Where an installation business entity has completed installation of a firefighting system for part of a firefighting object and needs to use a part thereof prior to the completion of the whole system, he/she may file an application for a completion inspection of such part (hereinafter referred to as "inspection on partial completion") with the head of the fire defense headquarters or the head of a fire station. In such cases, the head of the fire defense headquarters or the head of a fire station shall ascertain whether installation of such part has been completed.
(3) When the head the fire defense headquarters or the head of a fire station has conducted a completion inspection prescribed in paragraph (1) or an inspection of partial completion prescribed in paragraph (2), he/she shall issue a certificate of completion inspection or a certificate of partial completion inspection.
(4) Matters necessary for filing applications for completion inspections and inspections of partial completion, and issuance of certificates of inspection prescribed in paragraphs (1) through (3), and other matters necessary for conducting completion inspections and partial completion inspections 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 Jul. 23, 2010]
 Article 15 (Repair of Defects of Installation)
(1) When a defect is found in a firefighting system prescribed by Presidential Decree, such as automatic fire-detection equipment, after completing installation of the firefighting system, the relevant installation business entity shall repair such defect during a period prescribed by Presidential Decree. <Amended on Jul. 20, 2015>
(7) Deleted. <Jul. 20, 2015>
(3) When a defect in a firefighting system is found within a period prescribed in paragraph (1), a related person shall notify the relevant installation business entity of such fact, which in turn shall, upon receipt of such notification, repair it within three days, or notify the related person in writing of a repair plan stating a repair schedule.
(4) Where an installation business entity falls under any of the following circumstances, a related person may notify the head of the fire defense headquarters or the head of a fire station of such fact:
1. Where an installation business entity fails to repair a defect within a period prescribed in paragraph (3);
2. Where an installation business entity fails to notify a repair plan, in writing, within the period prescribed in paragraph (3);
3. Where a repair plan is deemed inappropriate.
(5) Upon receipt of a notification prescribed in paragraph (4), the head of the fire defense headquarters or the head of a fire station shall request a regional deliberative committee on firefighting technologies established under Article 11-2 (2) of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Firefighting Systems to deliberate thereon. Where the deliberation deems that an installation business entity falls under any subparagraph of paragraph (4), he/she shall order the installation business entity to repair any defect within a prescribed period. <Amended on Dec. 30, 2014; Feb. 9, 2018>
(7) Deleted. <Jul. 20, 2015>
[This Article Wholly Amended on Jul. 23, 2010]
[Title of This Article Amended on Jul. 20, 2015]
SECTION 3 Superintendence
 Article 16 (Supervision)
(1) A person whose firefighting system installation supervising business has been registered pursuant to Article 4 (1) (hereinafter referred to as "supervising business entity") shall conduct the following affairs when supervising installation of firefighting systems: <Amended on Dec. 30, 2014; Feb. 9, 2018>
1. Examining lawfulness of the installation schedule of a firefighting system, etc.;
2. Examining appropriateness (referring to lawfulness and technical rationality; hereinafter the same shall apply) of design documents of a firefighting system, etc.;
3. Examining appropriateness of design changes of a firefighting system, etc.;
4. Examining appropriateness of location and specification of, and materials used for firefighting appliances defined in Article 2 (1) 4 of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems;
5. Instructing and supervising whether installation of a firefighting system, etc. by an installation business entity conforms to design documents and the fire safety standards;
6. Conducting performance tests of completed firefighting systems, etc.;
7. Examining appropriateness of shop drawings prepared by installation business entities;
8. Examining lawfulness of evacuation or fire-prevention facilities;
9. Examining lawfulness of incombustibility and flame-retardant articles of interior decorations.
(2) A person who is not a supervising business entity may supervise a firefighting system installed at a place prescribed by Presidential Decree, which is a firefighting object requiring special safety and security in terms of use and structure.
(3) The kinds, methods, and objects of supervision referred to in paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Jul. 23, 2010]
 Article 16 (Supervision)
(1) A person whose firefighting system installation supervising business has been registered pursuant to Article 4 (1) (hereinafter referred to as "supervising business entity") shall conduct the following affairs when supervising installation of firefighting systems: <Amended on Dec. 30, 2014; Feb. 9, 2018>
1. Examining lawfulness of the installation schedule of a firefighting system, etc.;
2. Examining appropriateness (referring to lawfulness and technical rationality; hereinafter the same shall apply) of design documents of a firefighting system, etc.;
3. Examining appropriateness of design changes of a firefighting system, etc.;
4. Examining appropriateness of location and specification of, and materials used for firefighting appliances defined in Article 2 (1) 4 of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems;
5. Instructing and supervising whether installation of a firefighting system, etc. by an installation business entity conforms to design documents and the fire safety standards;
6. Conducting performance tests of completed firefighting systems, etc.;
7. Examining appropriateness of shop drawings prepared by installation business entities;
8. Examining lawfulness of evacuation or fire-prevention facilities;
9. Examining lawfulness of incombustibility and flame-retardant articles of interior decorations.
(2) A person who is not a supervising business entity may supervise a firefighting system installed at a place prescribed by Presidential Decree, which is a firefighting object requiring special safety and security in terms of use and structure.
(3) A supervising business entity shall follow methods of supervision prescribed by Presidential Decree, such as assigning subordinate supervisors to a firefighting system installation site during a construction period according to the type and object of supervision prescribed by Presidential Decree, and recording the details of performance of duties in a supervising room, etc. <Amended on Jun. 9, 2020>
[This Article Wholly Amended on Jul. 23, 2010]
[Enforcement Date: Jun. 10, 2021] Article 16
 Article 17 (Designation of Installation Supervisors)
(1) When a related person of a specific firefighting object prescribed by Presidential Decree installs a firefighting system specified by Presidential Decree, such as automatic fire-detection equipment and an indoor fire hydrant, for the specific firefighting object, he/she shall designate a supervising business entity as an installation supervisor to supervise the relevant firefighting system installation: Provided, That a design business entity may be designated as an installation supervisor in cases of a firefighting system designed and installed under the proviso to Article 11 (1) and the latter part of Article 12 (1). <Amended on Jul. 20, 2015>
(2) When a related person designates an installation supervisor, as prescribed in paragraph (1), he/she shall report thereon to the head of the fire defense headquarters or the head of a fire station, as prescribed by Ordinance of the Ministry of the Interior and Safety. The same shall also apply when he/she replaces an installation supervisor. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(3) When a related person has replaced an installation supervisor designated pursuant to paragraph (1), the newly designated installation supervisor and the former installation supervisor shall hand over and take over matters regarding the performance of supervision affairs and related documents.
(4) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall notify the reporter of whether his/her report or report on changes under paragraph (2) is accepted within three days from the day such report is received. <Newly Inserted on Jun. 9, 2020>
(5) Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu fails to notify the reporter of whether his/her report is to be accepted or the extension of the handling period according to statutes related to handling civil petitions within the period prescribed in paragraph (4), the relevant report shall be deemed accepted on the date following the date on which such period ends (where the handling period is extended or re-extended pursuant to statutes related to handling civil petitions, referring to the relevant handling period). <Newly Inserted on Jun. 9, 2020>
[This Article Wholly Amended on Jul. 23, 2010]
 Article 17 (Designation of Installation Supervisors)
(1) When an interested person of a specific object of fire service prescribed by Presidential Decree constructs firefighting systems prescribed by Presidential Decree, such as automatic fire detection systems and indoor fire hydrant systems, for the specific object of fire service, he/she shall designate a supervision business operator as an installation supervisor for the supervision of firefighting system installation. <Amended on Jul. 20, 2015; Jun. 9, 2020>
(2) When a related person designates an installation supervisor, as prescribed in paragraph (1), he/she shall report thereon to the head of the fire defense headquarters or the head of a fire station, as prescribed by Ordinance of the Ministry of the Interior and Safety. The same shall also apply when he/she replaces an installation supervisor. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(3) When a related person has replaced an installation supervisor designated pursuant to paragraph (1), the newly designated installation supervisor and the former installation supervisor shall hand over and take over matters regarding the performance of supervision affairs and related documents.
(4) The head of the fire department headquarters or the head of the fire department shall notify the reporter of whether his/her report or report on changes under paragraph (2) is accepted within three days from the date of receiving the notification of designation or change of installation supervisor. <Newly Inserted on Jun. 9, 2020>
(5) Where the head of the fire department headquarters or the head of the fire department fails to notify the reporter of whether his/her report is to be accepted or the extension of the handling period according to statutes related to handling civil petitions within the period prescribed in paragraph (4), the relevant report shall be deemed accepted on the date following the date on which such period ends (where the handling period is extended or re-extended pursuant to statutes related to handling civil petitions, referring to the relevant handling period). <Newly Inserted on Jun. 9, 2020>
[This Article Wholly Amended on Jul. 23, 2010]
[Enforcement Date: Jun. 10, 2021] Article 17
 Article 18 (Dispatching of Supervisors)
(1) A supervising business entity shall dispatch subordinate supervisors to firefighting system installation sites to supervise firefighting system installation, as prescribed by Presidential Decree.
(2) When a supervising business entity dispatches subordinate supervisors, he/she shall notify the head of the fire defense headquarters or the head of a fire station thereof, as prescribed by Ordinance of the Ministry of the Interior and Safety. The same shall also apply when he/she replaces dispatched supervisors. <Amended on Dec. 30, 2014; Jul. 26, 2017>
(3) Detailed standards for dispatching supervisors referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Newly Inserted on Dec. 30, 2014; Jul. 26, 2017>
[This Article Wholly Amended on Jul. 23, 2010]
 Article 19 (Measures against Violations)
(1) When a supervising business entity learns, in the course of supervising firefighting system installation, that such installation fails to conform to design documents or the fire safety standards, he/she shall notify a related person of such fact and request the relevant installation business entity to rectify or supplement the relevant installation.
(2) An installation business entity, in receipt of a request prescribed in paragraph (1), shall comply therewith.
(3) When an installation business entity fails to comply with a request prescribed in paragraph (1) and continues such installation, a supervising business entity shall report thereon to the head of the fire defense headquarters or the 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; Jul. 26, 2017>
(4) No related person shall terminate a contract for supervision, reject or postpone payment of the price for the supervision, or give any other disadvantage on the grounds that a supervising business entity has reported to the head of the fire defense headquarters or the head of a fire station pursuant to paragraph (3).
[This Article Wholly Amended on Jul. 23, 2010]
 Article 20 (Notification of Results of Installation Supervision)
When a supervising business entity has completed the supervision of firefighting system installation, he/she shall, as prescribed by Ordinance of the Ministry of the Interior and Safety, notify the results of supervision in writing to the related person of such specific firefighting object, the contractor for firefighting system installation, the architect who has supervised installation of such specific firefighting object, and submit an installation supervision report to the head of the fire defense headquarters or the head of a fire station. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
[This Article Wholly Amended on Jul. 23, 2010]
SECTION 3-2 Flame Retardation
 Article 20-2 (Flame Retardation)
A flame-retardant treatment service provider shall conduct flame retardation to meet or exceed the flame retardant performance standards prescribed in Article 12 (3) of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems. <Amended on Feb. 9, 2018>
[This Article Newly Inserted on Dec. 30, 2014]
 Article 20-3 (Evaluation and Disclosure of Flame-Retardant Treatment Capacity)
(1) The Fire Commissioner of the National Fire Agency, at the request of a flame-retardant treatment service provider, may evaluate and make public the flame-retardant treatment capacity of the flame-retardant treatment service provider based on its flame-retardant treatment performance, etc.
(2) A flame-retardant treatment service provider that intends to have its capacity evaluated pursuant to paragraph (1) shall submit its flame-retardant treatment performance of the previous year or other documents prescribed by Ordinance of the Ministry of the Interior and Safety to the Fire Commissioner of the National Fire Agency.
(3) Procedures for applying for evaluation of the flame-retardant treatment capacity under paragraphs (1) and (2), methods to evaluate and make public the flame-retardant treatment capacity, and other necessary matters shall be prescribed by Ordinance of the Ministry of Interior and Safety.
[This Article Newly Inserted on Feb. 9, 2018]
SECTION 4 Contract for Work
 Article 21 (Contracts for Installation)
(1) In awarding a contract for firefighting system installation works, etc., a related person or the person who originally placed an order for a specific firefighting object shall enter into a contract with the relevant firefighting system business entity. <Amended on Dec. 30, 2014; Jun. 9, 2020>
(2) Firefighting system installation shall be contracted separately from other types of installation: Provided, That a contract may be executed without separating from another type of project, where it is difficult to separate the contract due to the nature of the project or technological management, as prescribed by Presidential Decree. <Newly Inserted on Jun. 9, 2020>
[This Article Wholly Amended on Jul. 23, 2010]
[Enforcement Date: Sep. 10, 2020] Article 21 (2)
 Article 21 (Contracts for Installation)
(1) In awarding a contract for firefighting system installation works, etc., a related person or the person who originally placed an order for a specific firefighting object shall enter into a contract with the relevant firefighting system business entity. <Amended on Dec. 30, 2014; Jun. 9, 2020>
(2) Firefighting system installation shall be contracted separately from other types of installation: Provided, That a contract may be executed without separating from another type of project, where it is difficult to separate the contract due to the nature of the project or technological management, as prescribed by Presidential Decree. <Newly Inserted on Jun. 9, 2020>
[This Article Wholly Amended on Jul. 23, 2010]
[Enforcement Date: Sep. 10, 2020] Article 21 (2)
[Enforcement Date: Jun. 10, 2021] Article 21
 Article 21-2 (Prohibition of Seizure of Wages)
(1) Out of the contract amount for the firefighting system installation works contracted to an installation business entity, the amount of wages payable to the workers of such works (including subcontract works) shall not be subject to attachment.
(2) The scope of the amount of wages and the method of calculation thereof prescribed in paragraph (1) shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Aug. 4, 2011]
 Article 21-3 (Principles of Contract)
(1) Parties to a contract or subcontract for firefighting system installation works, etc. shall impartially enter into the relevant contract on equal positions under mutual agreement, and faithfully fulfill their contractual obligations.
(2) Parties to a contract or subcontract for firefighting system installation works, etc. shall clearly specify the amount of the contract or subcontract, period for installation works, and other matters prescribed by Presidential Decree in the contract, in concluding the relevant contract, and deliver the signed and sealed duplicate of the contract to the other for preservation.
(3) No contractor shall force a subcontractor to conduct any act deemed disadvantageous to the subcontractor regarding the subcontract, such as designating a material supplier.
(4) When a person awarded a contract pursuant to Article 21 subcontracts the relevant firefighting system installation works, etc., he/she shall notify the related persons and the person who originally placed an order thereof in advance, as prescribed by Ordinance of the Ministry of the Interior and Safety. The same shall also apply when he/she changes the subcontractor or terminates the subcontract. <Amended on Jul. 26, 2017>
(5) Except as provided in this Act, the relevant provisions of the Fair Transactions in Subcontracting Act shall apply mutatis mutandis to subcontracting within the extent not contradictory to their nature.
[This Article Newly Inserted on Dec. 30, 2014]
 Article 22 (Restriction on Subcontracting)
(1) No person awarded a contract pursuant to Article 21 shall subcontract firefighting system installation to any third person: Provided, That in any case prescribed by Presidential Decree, he/she may partially subcontract a contracted firefighting system installation to a third person only once.
(2) Deleted. <Dec. 30, 2014>
(3) Deleted. <Dec. 30, 2014>
[This Article Wholly Amended on Jul. 23, 2010]
 Article 22 (Restriction on Subcontracting)
(1) No person awarded a contract pursuant to Article 21 shall subcontract the design, installation, and supervision of a firefighting system to a third person: Provided, That in cases of firefighting systems, part of the contracted firefighting system installation may be subcontracted to other installation business entities, as prescribed by Presidential Decree. <Amended on Jun. 9, 2020>
(2) No subcontractor shall re-subcontract firefighting system installation to a third person, which has been subcontracted to him/her under the proviso to paragraph (1). <Newly Inserted on Jun. 9, 2020>
(3) Deleted. <Dec. 30, 2014>
[This Article Wholly Amended on Jul. 23, 2010]
[Enforcement Date: Mar. 10, 2021] Article 22
 Article 22-2 (Evaluation of Appropriateness, etc. of Subcontract Agreements)
(1) Where a subcontractor is deemed substantially inappropriate for implementing the terms and conditions of the subcontract or the subcontract amount falls short of the amount computed by the ratio prescribed by Presidential Decree, the person who originally placed an order may review the subcontractor's installation and performance capacity, validity of the terms and conditions of the subcontract, etc. In such cases, the review of validity shall be conducted, if the State, a local government, or a public institution prescribed by Presidential Decree originally placed the order.
(2) Where a subcontractor's installation and performance capacity or any of the terms and conditions of the subcontract is found inappropriate as a result of the review conducted under paragraph (1), the person who originally placed an order may request the contractor to change the subcontractor or modify the relevant terms and conditions of the subcontract. In such cases, a request shall be made to change the subcontractor or to modify the relevant terms and conditions of the subcontract, if the review of validity has been conducted under the latter part of paragraph (1).
(3) Where the contractor’s failure to comply with the request made pursuant to paragraph (2) without good cause likely to seriously affect the outcomes of installation works, etc., the person who originally placed an order may terminate the contract for the relevant firefighting system installation works, etc.
(4) A person who originally placed an order referred to in the latter part of paragraph (1) shall establish a subcontract review committee to review subcontractors’ installation and performance capacity, validity of terms and conditions of subcontracts, etc.
(5) Standards of review of the validity of subcontracts, procedures for requesting the change of subcontractors or the modification to terms and conditions of subcontracts prescribed in paragraphs (1) and (2), and the establishment and organization of subcontract review committees, and methods of review provided for in paragraph (4), and other necessary matters, shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Dec. 30, 2014]
 Article 22-3 (Payment of Subcontract Prices)
(1) A contractor shall make a cash payment to its subcontractors in the full amount of subcontract price where he/she receives a completion payment from the person who originally placed an order for contracted firefighting system installation works, etc., and an amount equivalent to the part installed or performed by the subcontractor where he/she receives a progress payment, within 15 days from each date he/she receives such payment (referring to the maturity date of a commercial bill where a contractor receives such commercial bill from the person who originally placed an order).
(2) Where a contractor receives an advance payment from the person who originally placed an order, he/she shall pay an advance payment amount according to the terms and conditions and the rate of the advance payment he/she receives to the subcontractor within 15 days from the date he/she receives such advance payment (referring to the date of concluding a subcontract where a contractor receives an advance payment before concluding such subcontract) so that such subcontractors can purchase materials, employ site workers, and commence the relevant subcontract works, etc. In such cases, the contractor may request a performance bond from the subcontractors in preparation for any circumstances in which such subcontractors should return the advance payment.
(3) Where the contract price is adjusted due to design changes or price fluctuation, or on other grounds after concluding a subcontract, the contractor may make payments to the subcontractor by increasing or reducing the subcontract amount based on the amount or rate so adjusted.
[This Article Newly Inserted on Dec. 30, 2014]
 Article 22-4 (Disclosure of Subcontract Data)
(1) Where any firefighting system installation works, etc. ordered by the State, a local government, or public institution prescribed by Presidential Decree are subcontracted, the State, the local government, or public institution prescribed by Presidential Decree that originally placed an order shall disclose the following to the general public:
1. Name of the project;
2. Estimated price, contract price, and bid price rate;
3. Contractor (trade name and representative, location of business place, grounds for subcontract);
4. Subcontractor (trade name and representative, type of business and registration number, location of business place);
5. Type of business of subcontracted works;
6. Details of subcontract (detailed statement comparing the subcontract price with the contract price, rate of subcontract);
7. Method and rate of advance payments;
8. Method of making progress payments (frequency of payment, rate of cash payment);
9. Whether the contract price is adjusted based on design changes or price fluctuation;
10. Defect liability period;
11. Whether a payment guarantee of the subcontract price is issued (where no payment guarantee is issued, referring to the grounds thereof);
12. Whether a standard subcontract form is used;
13. Findings from the review of the validity of subcontract.
(2) Procedures for and methods of disclosure of subcontract-related data referred to in paragraph (1), the scale of contracts subject to disclosure, and other necessary matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Dec. 30, 2014]
 Article 23 (Termination of Contracts)
When a contractor of the relevant contract for installation falls under any of the following cases, a related person of or the person who originally placed an order for a specific firefighting object may terminate such contract: <Amended on Dec. 30, 2014>
1. Where his/her registration for firefighting system installation business is revoked or he/she is subject to business suspension;
2. Where he/she suspends or closes his/her firefighting system installation business;
3. Where he/she ceases firefighting system installation for at least 30 days without good cause;
4. Where he/she fails to comply with a request made pursuant to Article 22-2 (2) without good cause.
[This Article Wholly Amended on Jul. 23, 2010]
 Article 24 (Restriction on Supervision by Installation Business Entities)
In any of the following cases, no installation works and supervision may be conducted concurrently for the same firefighting system of a specific firefighting object:
1. Where the installation business entity and the supervising business entity are the same person;
2. Where the installation business entity and the supervising business entity are a member of an enterprise group defined in subparagraph 2 of Article 2 of the Monopoly Regulation and Fair Trade Act;
3. Where the installation business entity and the supervising business entity are a corporation and its executive officer or employee, respectively;
4. Where the installation business entity and the supervising business entity are related through blood relation prescribed in Article 777 of the Civil Act.
[This Article Wholly Amended on Dec. 30, 2014]>
 Article 25 (Price Standard for Firefighting Technology Services)
In contracting for design and supervision of firefighting system installation, the price for such design and supervision shall be calculated according to the method prescribed by Ordinance of the Ministry of the Interior and Safety, among price standards for engineering services prescribed in Article 31 of the Engineering Industry Promotion Act. <Amended on Mar. 19, 2013; Nov. 19, 2014; Jul. 26, 2017; Jun. 9, 2020>
[This Article Wholly Amended on Jul. 23, 2010]
 Article 26 (Appraisal and Public Announcement of Installation Capacity)
(1) Upon receiving a request from an installation business entity, the Fire Commissioner of the National Fire Agency may appraise the installation capacity of the installation business entity in terms of his/her performance of firefighting system installation works, capital, etc. and publicly announce the results thereof to ensure that related persons or persons who originally placed an order select an appropriate installation business entity. <Amended on Nov. 19, 2014; Jul. 26, 2017>
(2) An installation business entity who intends to have his/her capacity appraised under paragraph (1) shall submit the performance of firefighting system installation works of the previous year, capital, and other matters prescribed by Ordinance of the Ministry of the Interior and Safety to the Fire Commissioner of the National Fire Agency. <Amended on Dec. 30, 2014; Jul. 26, 2017>
(3) Procedures for requesting appraisal of the installation capacity, methods of appraisal, and methods of giving public announcement prescribed in paragraph (1) and (2), and other necessary matters shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Newly Inserted on Dec. 30, 2014; Jul. 26, 2017; Feb. 9, 2018>
[This Article Wholly Amended on Jul. 23, 2010]
 Article 26-2 (Selecting Design and Supervision Business Entities)
(1) The State, any local government, or any institution specified by the Presidential Decree shall prepare and publicly announce an implementation plan as prescribed by Presidential Decree, for any project it orders, for designing or construction supervision services, when the project is valued at or above the amount set by the Fire Commissioner of the National Fire Agency. <Amended on Jul. 26, 2017>
(2) The business entity for designing or supervision, selected to perform the projects announced under paragraph (1), shall meet the standards for project performance competency specified by Presidential Decree, such as technical competency and administrative competency.
(3) Matters necessary for selecting business entities for designing or supervision under paragraph (2) shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Jan. 27, 2016]
 Article 26-3 (Building Comprehensive Information System on Fire-Fighting System Business)
(1) The Fire Commissioner of the National Fire Agency may build and operate a comprehensive information system in order to manage and provide the following information comprehensively and systematically:
1. Information about firefighting system business entities, such as capital, the status of engineers hired by them, the status of firefighting system installation, etc., conducted by them, and administrative dispositions;
2. Information about firefighting system installation, etc., such as commencement and completion of the firefighting system installation, etc., and the status of fire protection engineers and supervisors assigned.
(2) To manage the information referred to in paragraph (1) comprehensively, the Administrator of the National Fire Agency may request necessary materials from firefighting system business entities, project owners, related institutions or organizations, etc. In this case, a person in receipt of such request shall comply therewith, except in unusual circumstances.
(3) The Fire Commissioner of the National Fire Agency may provide the information referred to in paragraph (1) to related institutions or organizations in need of such information.
(4) Building and operating the comprehensive information system under paragraph (1) and other necessary matters shall be prescribed by Ordinance of Ministry of the Interior and Safety.
[This Article Newly Inserted on Feb. 9, 2018]
CHAPTER IV FIRE PROTECTION ENGINEERS
 Article 27 (Duties of Fire Protection Engineers)
(1) Fire protection engineers shall conduct affairs in compliance with this Act or any order issued under this Act, and the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Firefighting Systems or any order issued under the same Act. <Amended on Feb. 9, 2018>
(2) No fire protection engineer shall lend his/her certificate of qualification [in cases of a person whose career, etc. in firefighting technology has been recognized under Article 28, referring to a qualification pocketbook issued after recognizing his/her firefighting technology (hereinafter referred to as "qualification pocketbook") and a fire protection engineer's career pocketbook (hereinafter referred to as "career pocketbook")] to any third person. <Amended on Dec. 30, 2014>
(3) No fire protection engineer shall work for two or more companies simultaneously: Provided, That this shall not apply where a fire protection engineer engages in a business other than the firefighting system installation business beyond working hours to the extent that it does not affect the duties of fire protection engineers under paragraph (1).
[This Article Wholly Amended on Jul. 23, 2010]
 Article 28 (Recognition of Career, etc. in Fire-Fighting Technology)
(1) The Commissioner of the National Fire Agency may recognize any person who has qualifications, academic background, and career related to firefighting technology as a fire protection engineer for the efficient use and improvement of firefighting technologies. <Amended on Nov. 19, 2014; Jul. 26, 2017>
(2) The Fire Commissioner of the National Fire Agency may issue a qualification pocketbook and a career pocketbook to any person whose qualifications, academic background, and career are recognized pursuant to paragraph (1). <Amended on Nov. 19, 2014; Dec. 30, 2014; Jul. 26, 2017>
(3) Necessary matters concerning the scope of recognition of qualifications, academic background, and career related to firefighting technology, as prescribed in paragraph (1), procedures for issuing qualification pocketbooks and career pocketbooks under paragraph (2), 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; Dec. 30, 2014; Jul. 26, 2017>
(4) Where a person who has been issued a qualification pocketbook or career pocketbook as prescribed in paragraph (2) falls under any of the following, the Fire Commissioner of the National Fire Agency may revoke the recognition of his/her qualification or suspend his/her qualification for a prescribed period of from six months to not exceeding two years, as prescribed by Ordinance of the Ministry of the Interior and Safety: Provided, That where he/she falls under subparagraph 1 or 2, the Commissioner of the National Fire Agency shall revoke his/her qualification: <Amended on Mar. 23, 2013; Nov. 19, 2014; Dec. 30, 2014; Jul. 26, 2017>
1. Where he/she has been issued a qualification pocketbook or career pocketbook by fraud or other improper means;
2. Where he/she lends his/her qualification pocketbook or career pocketbook to a third person, in violation of Article 27 (2);
3. Where he/she has been employed by at least two enterprises at the same time, in violation of Article 27 (3);
4. Where he/she violates this Act or an order under this Act.
(5) No person whose qualification is revoked under paragraph (4) shall be issued a qualification pocketbook or career pocketbook for two years from the date of revocation. <Amended on Dec. 30, 2014>
[This Article Wholly Amended on Jul. 23, 2010]
 Article 29 (In-Service Training of Fire Protection Engineers)
(1) A fire protection engineer registered as technical human resources for firefighting system business or firefighting system management business prescribed in Article 29 of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Firefighting Systems shall undergo in-service training, as prescribed by Ordinance of the Ministry of the Interior and Safety, for the dissemination of knowledge about firefighting, such as fire prevention, facilitating efficiency in safety supervision, or new technologies. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Feb. 9, 2018>
(2) No fire protection engineer referred to in paragraph (1) who fails to undergo the prescribed training shall be deemed registered technical human resources for firefighting system business or firefighting system management business prescribed in Article 29 of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems until he/she completes such training. <Amended on Feb. 9, 2018>
(3) The Fire Commissioner of the National Fire Agency may designate in-service training institutions in order to efficiently provide fire protection engineers with in-service training under paragraph (1). <Amended on Nov. 19, 2014; Jul. 26, 2017>
(4) Necessary matters concerning the agreement on the storm and flood insurance program provided for 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) Articles 43 and 44 of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Firefighting Systems Act shall apply mutatis mutandis to revocation of designation, suspension of business of in-service training institutions designated under paragraph (3), and hearings thereon. <Amended on Feb. 9, 2018>
[This Article Wholly Amended on Jul. 23, 2010]
CHAPTER V ASSOCIATION OF FIRE-FIGHTING SYSTEM INSTALLATION BUSINESS ENTITIES
 Article 30 Deleted. <Dec. 30, 2014>
 Article 30-2 (Establishment of Association of Firefighting System Installation Business Entities)
(1) Firefighting system installation business entities may establish an association (hereinafter referred to as the "Association") for the protection of their rights and interests, as well as the sound development of the firefighting system installation business, including the development of firefighting technology.
(2) The Association shall be incorporated as a corporation.
(3) The Association shall be duly formed upon completion of the registration for incorporation thereof at the registry office having jurisdiction over its principal place of business, after obtaining authorization from the Fire Commissioner of the National Fire Agency. <Amended on Nov. 19, 2014; Jul. 26, 2017>
(4) Necessary matters concerning procedures for authorizing the establishment of the Association, matters to be stated in the articles of association, and supervision over the Association shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Jul. 23, 2010]
 Article 30-3 (Duties of the Association)
The affairs of the Association shall be as follows:
1. Surveys, research, analysis, and evaluation for the technical development of the firefighting system installation business and the advancement of firefighting technologies;
2. Support for the development of the firefighting industry and the improvement of firefighting technologies;
3. Encouragement of international exchanges, activities, and events related to the technical development of the firefighting system installation business;
4. Performance of entrusted affairs prescribed in this Act.
[This Article Newly Inserted on Jul. 23, 2010]
 Article 30-4 (Application Mutatis Mutandis of the Civil Act)
Except as provided in this Act, the provisions of the Civil Act governing incorporated associations shall apply mutatis mutandis to the Association.
[This Article Newly Inserted on Jul. 23, 2010]
CHAPTER Ⅵ SUPPLEMENTARY PROVISIONS
 Article 31 (Supervision)
(1) Where necessary for supervising the firefighting system business, the Mayor/Do Governor, the head of the fire defense headquarters, or the head of a fire station may order a firefighting system business entity and a related person to file a necessary report or present required materials, and require a relevant public official to gain access to a firefighting system business enterprise or a specific firefighting object to inspect related documents, facilities, etc. or to inquire of a firefighting system business entity or a related person.
(2) The Fire Commissioner of the National Fire Agency may order an in-service training institution prescribed in Article 29 (3) (hereinafter referred to as "in-service training institution") entrusted with his/her affairs pursuant to Article 33 (2) through (4), or the Korea Fire Safety Institute established under Article 40 of the Framework Act on Fire Services, the Association, a corporation, or an organization to file a necessary report or present required materials, and require a relevant public official to gain access to offices of an in-service training institution, the Korea Fire Safety Institute, the Association, a corporation, or an organization to inspect related documents, etc. or inquire of related persons. <Amended on Nov. 19, 2014; Jul. 26, 2017; Dec. 26, 2017>
(3) A relevant public official who gains access and performs an inspection as prescribed in paragraphs (1) and (2) shall carry an identification indicating his/her authority and present it to interested persons.
(4) No relevant public official who gains access and performs an inspection as prescribed in paragraphs (1) and (2) shall interfere with legitimate business practices of an interested person or divulge any confidential information he/she becomes aware of in the course of accessing and performing inspections to any third person.
[This Article Wholly Amended on Jul. 23, 2010]
 Article 32 (Hearings)
The Mayor/Do Governor shall hold a hearing before making a disposition for revoking registration, suspending the operation of a firefighting system business prescribed in Article 9 (1), or revoking qualifications recognizing firefighting technologies prescribed in Article 28 (4). <Amended on May 22, 2013>
[This Article Wholly Amended on Jul. 23, 2010]
 Article 33 (Delegation and Entrustment of Authority)
(1) The Fire Commissioner of the National Fire Agency may delegate part of his/her authority granted under this Act to the Mayor/Do Governor, as prescribed by Presidential Decree. <Amended on Nov. 19, 2014; Jul. 26, 2017>
(2) The Fire Commissioner of the National Fire Agency may entrust an in-service training institution or the Korea Fire Safety Institute with affairs concerning in-service training provided for in Article 29, as prescribed by Presidential Decree. <Amended on Nov. 19, 2014; Jul. 26, 2017; Dec. 26, 2017>
(3) The Fire Commissioner of the National Fire Agency or the Mayor/Do Governor may entrust the Association with following affairs, as prescribed by Presidential Decree: <Amended on Nov. 19, 2014; Dec. 30, 2014; Jan. 27, 2016; Jul. 26, 2017; Feb. 9, 2018; Jun. 9, 2020>
1. Receipt of applications to register firefighting system business prescribed in Article 4 (1) and the verification of the contents of the applications;
2. Receipt of reports to modify the registration for firefighting system business prescribed in Article 6 and the verification of the contents of the reports;
2-2. Receipt of reports on suspension, closedown, etc. of firefighting system business as prescribed in Article 6-2 and the verification of the contents of the reports;
3. Receipt of reports on succession to the status of firefighting system business entities prescribed in Article 7 (3) and the verification of the contents of the reports;
4. Evaluation and disclosure of the flame-retardant treatment capacity under Article 20-3;
5. Appraisal of installation capacity and public announcement thereof prescribed in Article 26;
6. Establishment and operation of a comprehensive information system for firefighting facilities business under Article 26-3 (1).
(4) The Fire Commissioner of the National Fire Agency may entrust the Association, a corporation, or an organization related to firefighting technologies with affairs concerning recognition of qualifications, academic background, careers related to firefighting technologies under Article 28, as prescribed by Presidential Decree. <Amended on Nov. 19, 2014; Jul. 26, 2017>
(5) Deleted. <Aug. 4, 2011>
[This Article Wholly Amended on Jul. 23, 2010]
 Article 34 (Service Charges)
(8) Any of the following persons shall pay fees or educational expenses, as prescribed by the Minister of Trade, Industry and Energy: <Amended on Aug. 4, 2011; Mar. 23, 2013; Nov. 19, 2014; Dec. 30, 2014; Ju. 26, 2017; Feb. 9, 2018>
1. A person who intends to have his/her firefighting system business registered as prescribed in Article 4 (1);
2. A person who seeks to have a registration certificate or a registration pocketbook of the firefighting system business reissued as prescribed in Article 4 (3);
3. A person who intends to file a report on succession to the status of a firefighting system business entity as prescribed in Article 7 (3);
4. A person who intends to have his/her flame-retardant treatment capacity evaluated pursuant to Article 20-3 (2);
5. A person who intends to have his/her installation capacity evaluated pursuant to Article 26 (2);
6. A person who intends to be issued a qualification pocketbook or career pocketbook as prescribed in Article 28 (2);
7. A person who intends to receive in-service training as prescribed in Article 29 (1).
[This Article Wholly Amended on Jul. 23, 2010]
 Article 34-2 (Legal Fiction as Public Officials for Purposes of Penalty Provisions)
Any of the following persons shall be considered public officials in applying Articles 129 through 132 of the Criminal Act: <Amended on Dec. 26, 2017>
1. A supervisor who performs duties pursuant to Articles 16, 19, and 20;
2. A competent executive officer or employee of a training institution, the Korea Fire Safety Institute, the Association, and a corporation or an organization related to firefighting technology, which perform duties entrusted pursuant to Article 33 (2) through (4).
[This Article Newly Inserted on Aug. 4, 2011]
CHAPTER VII PENTALTY PROVISIONS
 Article 35 (Penalty Provisions)
A person who conducts a firefighting system business without registration, in violation of Article 4 (1), shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won.
[This Article Wholly Amended on Jul. 23, 2010]
 Article 36 (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 ten million won: <Amended on Dec. 30, 2014; Jul. 20, 2015; Jun. 9, 2020>
1. A person who conducts firefighting system business during the period for which his/her business is suspended, in violation of Article 9 (1);
2. A person who conducts design or installation, in violation of Article 11 or 12 (1);
3. A person who conducts supervision, in violation of Article 16 (1), or conducts supervision by fraud;
4. A person who fails to designate an installation supervisor, in violation of Article 17 (1);
4-2. A person who makes a false report prescribed in Article 19 (3);
4-3. A person who makes the notification of findings of installation supervision or submits an installation supervision report prescribed in Article 20 by fraud;
5. A person who contracts out firefighting system installation works, etc. to a person who is not a relevant firefighting system business entity, in violation of Article 21 (1);
6. A person who subcontracts firefighting system installation works to a third person, in violation of Article 22;
7. A person who fails to conduct affairs in compliance with the Acts referred to in Article 27 (1) or order issued under such Acts, in violation of the same paragraph.
[This Article Wholly Amended on Jul. 23, 2010]
 Article 36 (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 ten million won: <Amended on Dec. 30, 2014; Jul. 20, 2015; Jun. 9, 2020>
1. A person who conducts firefighting system business during the period for which his/her business is suspended, in violation of Article 9 (1);
2. A person who conducts design or installation, in violation of Article 11 or 12 (1);
3. A person who conducts supervision, in violation of Article 16 (1), or conducts supervision by fraud;
4. A person who fails to designate an installation supervisor, in violation of Article 17 (1);
4-2. A person who makes a false report prescribed in Article 19 (3);
4-3. A person who makes the notification of findings of installation supervision or submits an installation supervision report prescribed in Article 20 by fraud;
5. A person who contracts out firefighting system installation works, etc. to a person who is not a relevant firefighting system business entity, in violation of Article 21 (1);
6. A person who subcontracts design, installation, or supervision of a firefighting system contracted, in violation of the main clause of Article 22 (1);
6-2. A person who is re-designated as a service agent, in violation of Article 22 (2);
7. A person who fails to conduct affairs in compliance with the Acts referred to in Article 27 (1) or order issued under such Acts, in violation of the same paragraph.
[This Article Wholly Amended on Jul. 23, 2010]
[Enforcement Date: Jun. 10, 2021] Article 36
 Article 37 (Penalty Provisions)
Any of the following persons shall be punished by a fine not exceeding five million won: <Amended on Oct. 30, 2014; Feb. 9, 2018; Jun. 9, 2020>
1. A person who lends his/her registration certificate or registration pocketbook to a third person, in violation of Article 8 (1);
2. A person who fails to dispatch a supervisor to a firefighting system installation site, in violation of Article 18 (1);
3. A person who fails to comply with a request for supplementation by a supervising business entity, in violation of Article 19 (2);
4. A person who terminates an installation supervision contract, refuses to make a payment or postpones a payment, or gives disadvantages, in violation of Article 19 (4);
4-2. A person who fails to separate firefighting system installation from that for other types of business, in violation of the main clause of Article 21 (2);
5. A person who lends his/her qualification pocketbook or career pocketbook to a third person, in violation of Article 27 (2);
6. A person who works for at least two enterprises concurrently, in violation of Article 27 (3);
7. A person who interferes with legitimate business practices of a related person or divulges any confidential information he/she becomes aware of in the course of performing his/her duties, in violation of Article 31 (4).
[This Article Wholly Amended on Jul. 23, 2010]
 Article 37 (Penalty Provisions)
Any of the following persons shall be punished by a fine not exceeding five million won: <Amended on Dec. 30, 2014; Feb. 9, 2018; Jun. 9, 2020>
1. A person who has used his/her name or trade name to receive or construct firefighting system installation, or lends a certificate of firefighting facility business registration or registration pocketbook, in violation of Article 8 (1);;
2. A person who fails to dispatch a supervisor to a firefighting system installation site, in violation of Article 18 (1);
3. A person who fails to comply with a request for supplementation by a supervising business entity, in violation of Article 19 (2);
4. A person who terminates an installation supervision contract, refuses to make a payment or postpones a payment, or gives disadvantages, in violation of Article 19 (4);
4-2. A person who fails to separate firefighting system installation from that for other types of business, in violation of the main clause of Article 21 (2);
5. A person who lends his/her qualification pocketbook or career pocketbook to a third person, in violation of Article 27 (2);
6. A person who works for at least two enterprises concurrently, in violation of Article 27 (3);
7. A person who interferes with legitimate business practices of a related person or divulges any confidential information he/she becomes aware of in the course of performing his/her duties, in violation of Article 31 (4).
[This Article Wholly Amended on Jul. 23, 2010]
[Enforcement Date: Jun. 10, 2021] Article 37
 Article 38 (Penalty Provisions)
Any of the following persons shall be punished by a fine of up to one million won:
1. A person who fails to file a report or submit materials, in violation of an order issued under Article 31 (2), or files a false report or submits false materials;
2. A person who refuses, interferes with, or evades access or inspections or investigations by the relevant public official without good cause, in violation of Article 31 (1) or (2).
[This Article Wholly Amended on Jul. 23, 2010]
 Article 39 (Joint Penalty Provisions)
Where the representative of a corporation, or an agent, or employee of or other persons employed by a corporation or an individual commits an offense falling under any of Articles 35 through 38 in relation to affairs of such corporation or individual, not only shall the person who commits such offense be punished but such corporation or individual also shall be punished by a fine under the relevant provisions: Provided, That the foregoing shall not apply where the corporation or the individual has not neglected to pay due attention to or exercise reasonable supervision over the relevant affairs to prevent such offense.
[This Article Wholly Amended on Dec. 26, 2008]>
 Article 40 (Administrative Fine)
Any of the following persons shall be subject to an administrative fine not exceeding two million won: <Amended on Aug. 4, 2011; Dec. 23, 2014; Jan. 27, 2016; Feb. 9, 2018>
1. A person who fails to file a report, in violation of Articles 6, 6-2 (1), 7 (3), paragraph (1) and the former part of Article 13 (1) and (2), and 17 (2), or files a false report;
2. A person who falsely notifies a related person of succession to status, an administrative disposition, or the suspension or closure of business, in violation of Article 8 (3);
3. A person who fails to keep related documents, in violation of Article 8 (4);
4. A person who fails to dispatch a fire protection engineer to an installation site, in violation of Article 12 (2);
5. A person who fails to undergo a completion inspection, in violation of Article 14 (1);
6. A person who fails to repair defects within three days or falsely notify a related person of a defect repair plan, in violation of Article 15 (3);
7. Deleted; <Jul. 20, 2015>
8. A person who fails to hand over or take over documents related to supervision, in violation of Article 17 (3);
8-2. A person who fails to notify the dispatch or the change thereof as prescribed in Article 18 (2), or provides false notification thereof;
9. A person who provides flame-retardant treatment services falling short of the flame retardant performance standards, in violation of Article 20-2;
10. A person who submits materials containing false information in response to a request made under Article 20-3 (2);
10-2. Deleted; <Feb. 9, 2018>
10-3. A person who fails to perform his/her duties prescribed in Article 21-3 (2) at the time a contract is concluded (in cases of a subcontract, excluding a firefighting system business entity);
11. A person who fails to give notice of a subcontract, etc. prescribed in Article 21-3 (4);
12. Deleted. <Aug. 4, 2011>
13. Deleted; <May. 22, 2013>
13-2. A person who submits false data prescribed in Article 26 (2);
14. A person who fails to submit a report or data, or submits a false report or data in violation of an order issued under Article 31 (1);
(2) Administrative fines prescribed in paragraph (1) shall be imposed and collected by the competent Mayor/Do Governor, the head of the competent fire defense headquarters, or the head of the competent fire station, as prescribed by Presidential Decree.
[This Article Wholly Amended on Jul. 23, 2010]
 Article 40 (Administrative Fine)
(1) Any of the following persons shall be subject to an administrative fine not exceeding two million won: <Amended on Aug. 4, 2011; Dec. 30, 2014, Jul. 20, 2015, Jan. 27, 2016; Feb. 9, 2018; Jun. 9, 2020>
1. A person who fails to file a report, in violation of Articles 6, 6-2 (1), 7 (3), paragraph (1) and the former part of Article 13 (1) and (2), and 17 (2), or files a false report;
2. A person who falsely notifies a related person of succession to status, an administrative disposition, or the suspension or closure of business, in violation of Article 8 (3);
3. A person who fails to keep related documents, in violation of Article 8 (4);
4. A person who fails to dispatch a fire protection engineer to an installation site, in violation of Article 12 (2);
5. A person who fails to undergo a completion inspection, in violation of Article 14 (1);
6. A person who fails to repair defects within three days or falsely notify a related person of a defect repair plan, in violation of Article 15 (3);
7. Deleted; <Jul. 20, 2015>
8. A person who fails to hand over or take over documents related to supervision, in violation of Article 17 (3);
8-2. A person who fails to notify the dispatch or the change thereof as prescribed in Article 18 (2), or provides false notification thereof;
9. A person who provides flame-retardant treatment services falling short of the flame retardant performance standards, in violation of Article 20-2;
10. A person who falsely submits documents related to the evaluation of flame retardant capability under Article 20-3 (2).;
10-2. Deleted; <Feb. 9, 2018>
10-3. A person who fails to perform his/her duties prescribed in Article 21-3 (2) at the time a contract is concluded (in cases of a subcontract, excluding a firefighting system business entity);
11. A person who fails to give notice of a subcontract, etc. prescribed in Article 21-3 (4);
12. Deleted. <Aug. 4, 2011>
13. Deleted; <May 22, 2013>
13-2. A person who falsely submits documents related to the evaluation of installation capabilities under Article 26 (2);
13-3. Where he/she participates in a tender by fraud or other wrongful means, such as counterfeiting or forging documents regarding the performance competency evaluation for the projects provided for in Article 26-2 (2);
14. A person who fails to submit a report or data, or submits a false report or data in violation of an order issued under Article 31 (1);
(2) Administrative fines prescribed in paragraph (1) shall be imposed and collected by the competent Mayor/Do Governor, the head of the competent fire defense headquarters, or the head of the competent fire station, as prescribed by Presidential Decree.
[This Article Wholly Amended on Jul. 23, 2010]
[Enforcement Date: Jun. 10, 2021] Article 40
ADDENDA <Act No. 6894, May 29, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force one year after this Act enters into force.
Article 2 (Applicability to Contracts for Firefighting System Installation)
Article 21 shall apply to firefighting system installation to be contracted after this Act enters into force.
Article 3 (Transitional Measures concerning Dispositions Made under Previous Fire Services Act)
Acts performed by or in relation to administrative agencies under the previous Fire Services Act as at the time this Act enters into force shall be deemed acts performed by or in relation to administrative agencies under this Act corresponding thereto.
Article 4 (Transitional Measures concerning Grounds for Disqualification from Registration of FireFighting System Business)
A person sentenced to imprisonment without labor or heavier punishment, or the suspension of the execution under the previous Fire Services Act due to any act performed before this Act enters into force shall, notwithstanding subparagraph 3 or 4 of Article 5, be deemed a person sentenced to imprisonment without labor or heavier punishment, or the suspension of the execution under the relevant Act referred to in subparagraph 3 or 4 of the same Article.
Article 5 (Transitional Measures concerning Guarantee to Repair Defects)
Guarantee to repair defects implemented or being implemented under the previous Fire Services Act as at the time this Act enters into force shall be deemed to have been implemented or be being implemented under the provisions of Article 15.
Article 6 (Transitional Measures concerning Administrative Dispositions)
The previous provisions of the Fire Services Act shall apply to administrative dispositions on acts performed before this Act enters into force.
Article 7 (Relationship with other Statutes)
Where the provisions of the previous Fire Services Act have been cited by other statutes at the time this Act enters into force, if any provision of this Act corresponding thereto exists, the relevant provisions of this Act shall be deemed to have been 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. 7660, Aug. 4, 2005>
This Act shall enter into force one year after the date of its promulgation.
ADDENDUM <Act No. 7982, 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.
ADDENDUM <Act No. 9198, 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. 10303, May 17, 2010>
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. 10385, Jul. 23, 2010>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 15 (2) shall enter into force on November 18, 2010, and the amended provisions of Article 7 (2) shall enter into force on January 1, 2011.
(2) (Transitional Measures concerning Administrative Dispositions) An administrative disposition (including a disposition of a penalty surcharge) of a violation committed before this Act enters into force shall be governed by the previous provisions.
(3) (Transitional Measures concerning Penalty Provisions) The application of penalty provisions to an act performed before this Act enters into force shall be governed by the previous provisions.
ADDENDA <Act No. 11036, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Administrative Fines)
The former provisions shall apply in imposing administrative fines against acts committed before this Act enters into force.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11782, May 22, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Disqualification from Registration)
Where an executive officer of a corporation whose firefighting installation business has been registered before this Act enters into force, or a corporation taking formalities to register its firefighting installation business after having filed an application therefor as at the time this Act enters into force becomes disqualified as provided for in the amended provisions of subparagraph 7 of Article 5 due to a cause occurred before this Act enters into force, the previous provisions shall govern only where the executive officer is still working for the corporation, notwithstanding the same amended provisions.
Article 3 (Transitional Measures concerning Administrative Dispositions)
Administrative dispositions (including imposition of penalty surcharges) of violations committed before this Act enters into force shall be governed by the previous provisions.
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. 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. 12938, 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 Administrative Dispositions for Failure to Meet Standards for Registration)
The amended provisions of the proviso to Article 9 (1) 2 shall also apply to failures to meet the standards for registration of firefighting system business [including cases falling under the criteria for administrative dispositions under Article 19 (1) 2 of the former Installation, Maintenance, and Safety Control of Firefighting Systems Act (referring to the Installation, Maintenance, and Safety Control of Firefighting Systems Act before it is partially amended by Act No. 12940; hereinafter the same shall apply)] before this Act enters into force.
Article 3 (Applicability to Payment, etc. of Subcontract Prices)
The amended provisions of Article 22-3 shall apply beginning with the first subcontract entered into for firefighting system installation works, etc. after this Act enters into force.
Article 4 (Applicability to Disclosure, etc. of Subcontract Data)
The amended provisions of Article 22-4 shall apply beginning with the first subcontract entered into for firefighting system installation works, etc. after this Act enters into force.
Article 5 (Applicability to Application for Appraisal of Installation Capacity)
The amended provisions of Article 26 (2) shall apply beginning with the first case where a contractor applies for the appraisal of his/her installation capacity after this Act enters into force.
Article 6 (Transitional Measures concerning Registration, etc. of Flame-Retardant Treatment Business)
A person whose flame-retardant treatment business has been registered under the former Installation, Maintenance, and Safety Control of Firefighting Systems Act as at the time this Act enters into force shall be deemed registered to engage in the flame-retardant treatment business among the firefighting system business under the amended provisions of Article 4.
Article 7 (Transitional Measures concerning Administrative Dispositions Following Transfer of Flame-Retardant Treatment Business)
The administrative dispositions for any violation committed by a flame-retardant treatment business entity before this Act enters into force shall be governed by the previous provisions if the criteria for administrative dispositions under this Act are stricter than those provided for in the previous Installation, Maintenance, and Safety Control of Firefighting Systems Act, and by this Act, if the criteria for administrative dispositions under this Act are more relaxed than those provided for in the previous Installation, Maintenance, and Safety Control of Firefighting Systems Act.
Article 8 (Transitional Measures concerning Penalty Provisions, etc. Following Transfer of Flame-Retardant Treatment Business)
Penalty or administrative fines for any violation committed by a flame-retardant treatment business entity before this Act enters into force shall be governed by the previous Installation, Maintenance, and Safety Control of Firefighting Systems Act.
Article 9 (Transitional Measures concerning Administrative Fines)
Administrative fines for any violation committed before this Act enters into force shall be governed by the previous provisions.
ADDENDA <Act No. 13417, Jul. 20, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after its promulgation: Provided, That the amended provisions of Article 5 shall enter into force on the date of its promulgation.
Article 2 (Applicability to Grounds for Disqualification)
The amended subparagraph 5 of Article 5 shall apply to those for whom registration was revoked before the enforcement of this Act in accordance with the former subparagraph 1 and 2 of Article 5.
Article 3 (Transitional Measures concerning the Incompetent)
The incompetent persons under adult guardianship governed by the amended subparagraph 1 of Article 5 shall include persons for whom the adjudication of incompetency or quasi-incompetency remains effective under Article 2 of the Addenda of partial amendments to the Civil Act by Act No. 10429.
Article 4 (Transitional Measures concerning Administrative Dispositions and Administrative Fines)
Notwithstanding the amended provisions of Article 9 (1) 14 and Article 40 (1) 7, 9, and 10, an administrative disposition (including a disposition of a penalty surcharge) before this Act enters into force shall be governed by the previous provisions.
Article 5 (Transitional Measures concerning Guarantee to Repair Defects)
Notwithstanding the amended provisions of Article 15 (2) and (6), firefighting systems for which the guarantee period of Article 15 (1) has not expired as at the time this Act enters into force shall be governed by the previous provisions.
ADDENDUM <Act No. 13918, Jan. 27, 2016>
This Act shall enter into force six months after the date of its promulgation: Provided, That amended provisions of Article 9 (1) 24-2, Article 9 (3) and (4), and Article 26-2 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 5 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 any Act amended by Article 5 of this Addenda, which was promulgated before this Act enters into force but the enforcement date of which has yet to arrive, shall enter into force on the enforcement date of each 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. 15366, Feb. 9, 2018>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 2-2, 20-3, 26-3, and 33 (3) 4 and 5, subparagraphs 4 through 7 of Article 34, and Article 40 (1) 10 shall enter into force one year after the date of the promulgation.
ADDENDUM <Act No. 15763, Sep. 18, 2018>
This Decree shall enter into force three months after the date of its promulgation.
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. 17378, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Articles 6-2 (3) and (4), 7 (1) through (3), 7 (5), 21 (1), 33 (3) 6 and subparagraph 5 of Article 36 shall enter into force on the date of its promulgation, and the amended provisions of Articles 13 (3) and (4) and 17 (4) and (5) and 25, shall enter into force hree months after the promulgation; and the amended provisions of Article 21 (2) and subparagraph 4-2 of Article 37 shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Report of Succession of Status of Firefighting System Business Entities)
The amended provisions of Articles 7 (1) through (3), (5), 13 (3) and (4), and 17 (4) and (5) shall begin to apply to the reporting of succession to the status of firefighting system business entities, the reporting of commencement and alteration of firefighting system installation works, and the reporting of designation of a supervisor of fire, after the enforcement date under the proviso to Article 1 of Addenda.
Article 3 (Applicability to Registration Cancellation and Business Suspension)
The amended provisions of Article 9 (1) shall apply, starting with a case where a business entity falls under the amended provisions of Article 9 (1) 6, 13, 14-2, 20-3, 21, 21-2, and 24-2 after this Act enters into force.
Article 4 (Applicability to Reporting on Changes that Do not Important Matters among Reports on Commencement of Construction Works)
The amended provisions of Article 13 (2) shall also apply to firefighting system installation in progress at the time this Decree enters into force.
Article 5 (Applicability to Separate Contract for Firefighting System Installation)
The amended provisions of Article 2 shall apply, beginning with the first firefighting system installation contracted after this Act enters into force.
Article 6 (Applicability to Restrictions on Subcontract)
The amended provisions of the main clause of Article 22 (1) shall apply from the case of signing a contract for design and supervision of firefighting facilities after this Act enters into force.
Article 7 (Applicability to Calculation of the Cost Standard for Firefighting Technical Services)
The amended provisions of Article 25 shall be applied from the case of contracts regarding the design and supervision of firefighting system installation after the effective date pursuant to the proviso of Article 1 of Addenda.
Article 8 (Transitional Measures concerning Penalty Surcharges)
Notwithstanding the amended Article 10-3, the former provisions shall apply where penalty surcharges are imposed on violations committed before this Act enters into force.
Article 9 (Transitional Measures concerning Designation of Designation of Installation Supervisor)
Notwithstanding the amended provision of the proviso to Article 17 (1), the previous provision thereof shall apply to If an installation supervisor is designated pursuant to the proviso to the previous provision of Article 17 (1) before this Act enters into force.