COUNTERMEASURES AGAINST NATURAL DISASTERS ACT
Wholly Amended by Act No. 7359, Jan. 27, 2005
Amended by Act No. 7571, May 31, 2005
Act No. 7678, Aug. 4, 2005
Act No. 8170, Jan. 3, 2007
Act No. 8283, Jan. 26, 2007
Act No. 8370, Apr. 11, 2007
Act No. 8369, Apr. 11, 2007
Act No. 8352, Apr. 11, 2007
Act No. 8351, Apr. 11, 2007
Act No. 8346, Apr. 11, 2007
Act No. 8343, Apr. 11, 2007
Act No. 8404, Apr. 27, 2007
Act No. 8466, May 17, 2007
Act No. 8541, Jul. 23, 2007
Act No. 8819, Dec. 17, 2007
Act No. 8733, Dec. 21, 2007
Act No. 8820, Dec. 27, 2007
Act No. 8852, Feb. 29, 2008
Act No. 8976, Mar. 21, 2008
Act No. 8974, Mar. 21, 2008
Act No. 8999, Mar. 28, 2008
Act No. 9001, Mar. 28, 2008
Act No. 9204, Dec. 26, 2008
Act No. 9298, Dec. 31, 2008
Act No. 9401, Jan. 30, 2009
Act No. 9636, Apr. 22, 2009
Act No. 9685, May 21, 2009
Act No. 9763, jun. 9, 2009
Act No. 9770, jun. 9, 2009
Act No. 9773, jun. 9, 2009
Act No. 9847, Dec. 29, 2009
Act No. 10000, Feb. 4, 2010
Act No. 10272, Apr. 15, 2010
Act No. 10331, May 31, 2010
Act No. 10384, Jul. 23, 2010
Act No. 10433, Mar. 7, 2011
Act No. 10599, Apr. 14, 2011
Act No. 11141, Dec. 31, 2011
Act No. 11345, Feb. 22, 2012
Act No. 11495, Oct. 22, 2012
Act No. 11993, Aug. 6, 2013
Act No. 11994, Aug. 6, 2013
Act No. 12248, Jan. 14, 2014
Act No. 12577, May 14, 2014
Act No. 12942, Dec. 30, 2014
Act No. 13418, Jul. 20, 2015
Act No. 14480, Dec. 27, 2016
Act No. 14532, Jan. 17, 2017
Act No. 14545, Jan. 17, 2017
Act No. 14553, Jan. 17, 2017
Act No. 14753, Mar. 21, 2017
Act No. 14614, Mar. 21, 2017
Act No. 14839, Jul. 26, 2017
Act No. 14912, Oct. 24, 2017
Act No. 15344, Jan. 16, 2018
Act No. 16101, Dec. 31, 2018
Act No. 16172, Dec. 31, 2018
Act No. 16773, Dec. 10, 2019
Act No. 16902, Jan. 29, 2020
Act No. 16880, Jan. 29, 2020
Act No. 17344, jun. 9, 2020
Act No. 17381, jun. 9, 2020
Act No. 17472, Aug. 11, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prescribe necessary matters concerning natural disaster prevention or recovery and other countermeasures against natural disasters, in an effort to preserve the national land and to protect the lives, bodies and properties of nationals as well as key infrastructures from disasters caused by natural phenomena, such as typhoons and floods.
[This Article Wholly Amended on Mar. 7, 2011]
The terms used in this Act are defined as follows: <Amended on Feb 22, 2012, Aug. 6, 2013; Nov. 19, 2014; Jan. 27, 2016; Mar. 21, 2017; Jul. 26, 2017; Oct. 24, 2017>
| 2. | The term "natural disaster" means any damage caused by natural calamities defined in subparagraph 1 (a) of Article 3 of the Framework Act (hereinafter referred to as "natural catastrophe"); |
| 3. | The term "damage caused by storm and flood" means any disaster caused by typhoon, flood, heavy rainfall, strong wind, wind wave, sea wave, tidal water, heavy snowfall, or other natural phenomena corresponding thereto; |
| 4. | The term "examination of factors influencing disasters" means forecasting and analyzing factors leading to natural disasters caused by administrative plans, and taking measures against such disasters; |
| 5. | The term “disaster impact assessment” means investigating, forecasting and assessing factors leading to natural disasters caused by development projects, and taking measures against such disasters; |
| 6. | The term "comprehensive plan to mitigate natural disasters" means any comprehensive plan formulated by the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), or the head of a Si/Gun, after conducting a regional safety inspection, etc. for the prevention and reduction of natural disasters by region; |
| 7. | The term "runoff reduction facility" means any facility used to intentionally let rainwater infiltrate into the underground or to lock up rainwater in the underground to control the direct outflow thereof; |
| 8. | The term "flood control standards" means standards to enhance durability of facilities against damage caused by storm and flood and to prevent the flooding of underground space, which are formulated by the heads of relevant central administrative agencies or the Minister of the Interior and Safety; |
| 9. | The term "flood map" means a drawing which records traces of flooding caused by storm and flood; |
| 10. | The term "disaster recovery subsidy" means a subsidy granted by central administrative agencies to the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, a Special Self-Governing Province (hereinafter referred to as "City/Do"), or a Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) for disaster recovery projects; |
| 11. | Deleted; <Aug. 6, 2013> |
| 12. | The term "flood prevention standards by district" means standards to prevent flooding damage in flood-prone areas or areas with high disaster risks, which are formulated by the Minister of the Interior and Safety; |
| 13. | The term "disaster maps" means the drawings which indicate the traces of flooding, flooding forecasts, disaster-related information, etc.; |
| 14. | The term "agent for disaster prevention and management" means a person who has registered with the Minister of the Interior and Safety pursuant to Article 38 (2) in order to conduct affairs concerning disaster prevention and management as a proxy in a professional manner, such as the prior examination of factors influencing disasters; |
| 15. | The term "regional safety inspection" means an inspection of the safety level by region, with regard to the risks of natural disasters; |
| 16. | The term "technologies for disaster prevention" means all technologies relating to forecasting, identifying, mitigating, and informatizing natural disasters, manufacturing products for disaster prevention, and systems and policies for disaster prevention, which could minimize harms to human life and property by preventing, preparing for, responding to, and recovering from natural disasters and by taking prompt and effective measures against climate change; |
| 17. | The term "disaster prevention industry" means the industry relating to designing, constructing, fabricating, and managing facilities for disaster prevention, manufacturing and distributing products for disaster prevention, providing services for such activities, and preventing, preparing for, responding to, and recovering from natural disasters, and adapting to climate change. |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 3 (Responsibilities) |
| (1) | The State has obligations to formulate and implement comprehensive plans to prevent and prepare for natural disasters in order to protect the lives, bodies, and properties of people and core infrastructure facilities from natural calamities in accordance with the Framework Act and the objectives of this Act, and to provide the maximum financial and technological support with the implementation of such plans. <Amended on Mar. 21, 2017> |
| (2) | The head of a disaster management agency (hereinafter referred to as "disaster management agency") under subparagraph 5 of Article 3 of the Framework Act shall take the following measures to prevent natural disasters: <Amended on Oct. 22, 2012; Oct. 24, 2017; Jan. 29, 2020> |
| 1. | Consultation on mitigating natural disasters, improvement of areas zoned to manage natural disaster risks, etc.: |
| (a) | Investigation into and analysis of the causes of natural disasters; |
| (b) | Designation and management of areas zoned to manage natural disaster risks; |
| (c) | Formulation of comprehensive plans and implementation plans to mitigate natural disasters; |
| 2. | Prevention of and preparations for damage caused by storm and flood: |
| (a) | Deleted; <Oct. 24, 2017> |
| (b) | Establishment and operation of flood control standards; |
| (c) | Establishment and operation of standards for the installation of runoff reduction facilities; |
| (d) | Establishment and operation of standards on wind resistant designs; |
| (e) | Other matters necessary to prevent damage caused by storm and flood; |
| 3. | Countermeasures against snow damage: |
| (a) | Preventive measures against snow damage; |
| (b) | Stockpile of various snow-removing materials and supplies; |
| (c) | Other matters necessary to prevent snow damage; |
| 4. | Countermeasures against lightning: |
| (a) | Preventive measures against lightning-caused damage; |
| (b) | Establishment of a supportive and cooperative system with relevant agencies; |
| (c) | Other matters necessary to prevent lightning-caused damage; |
| 5. | Countermeasures against droughts: |
| (a) | Mid- and long-term measures for drought-prone areas; |
| (b) | Management and maintenance of facilities to overcome droughts; |
| (c) | Measures to overcome droughts by using facilities collecting rainwater; |
| (d) | Other matters necessary to cope with droughts; |
| 6. | Countermeasures against heat waves: |
| (a) | Preventive measures against damage from heat waves; |
| (b) | Stockpiling materials and supplies to prepare for heat waves; |
| (c) | Establishment of an assistance and cooperation system with relevant agencies; |
| (d) | Other matters necessary to prevent damage from heat waves; |
| 7. | Countermeasures against cold waves: |
| (a) | Preventive measures against damage from cold waves; |
| (b) | Stockpiling materials and supplies to brace for cold waves; |
| (c) | Establishment of an assistance and cooperation system with relevant agencies; |
| (d) | Other matters necessary to prevent damage from cold waves; |
| 8. | Disaster information and emergency support: |
| (a) | Establishment of a disaster prevention information system; |
| (b) | Establishment of a disaster information management and dissemination system; |
| (c) | Establishment of an emergency support system in preparation for disasters; |
| (d) | Establishment of an emergency plan; |
| 9. | Other matters deemed necessary by the head of a disaster management agency to prevent natural disasters. |
| (3) | The head of a disaster management agency shall inspect facilities or regions which are likely to suffer from disasters, on a regular or occasional basis to prevent natural disasters. |
| (4) | Matters necessary for facilities and areas subject to inspection for the prevention of natural disasters under paragraph (3), inspection methods or recording and maintenance of inspection results shall be prescribed by Presidential Decree. |
| (5) | The head of a Si (including a Special Self-Governing City Mayor and the head of an administrative Si (hereinafter referred to as “head of an administrative Si”) under Article 11 (1) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply), Gun, or Gu (referring to an autonomous Gu; hereinafter the same shall apply) shall determine detailed measures to cope with disasters, taking into consideration regional characteristics by type of natural disasters, and actively utilize such measures as guidelines for duties of relevant public officials, educational materials for residents, promotional materials, etc. <Amended on Feb. 22, 2012; Mar. 21, 2017> |
| (6) | The nationals shall fully cooperate with the State, local governments, and disaster management agencies that perform the duties relating to the prevention of, recovery from, and preparation of countermeasures against natural disasters, and shall endeavor to ensure that no disaster occurs in buildings, facilities, etc. owned or used by themselves. |
[This Article Wholly Amended on Mar. 7, 2011]
CHAPTER II PREVENTION OF AND PREPARATION FOR NATURAL DISASTERS
SECTION 1 Consultation on Reduction of Natural Disasters and Upgrading of Areas Zoned to Manage Natural Disaster Risks
| Article 4 (Consultations on Disaster Impact Assessment) |
| (1) | Where the heads of relevant central administrative agencies, the Mayors/Do Governors, the heads of Sis/Guns/Gus, and the heads of special local administrative agencies (hereinafter referred to as "heads of the relevant administrative agencies") intend to formulate and finalize any administrative plan (including the designation of any region, area, complex, etc.; hereinafter the same shall apply) or to permit, authorize, approve, license, determine, designate, etc. (hereinafter referred to as "permit, etc.") any development project which influences natural disasters, they shall consult on the examination of factors influencing disasters and disaster impact assessment (hereinafter referred to as "disaster impact assessment, etc.") with the Minister of the Interior and Safety (hereinafter referred to as “consultations on disaster impact assessment, etc.”) before finalizing, permitting, etc. the relevant administrative plan or development project (hereinafter referred to as “development project, etc.”). <Amended on Aug. 6, 2013; Jan. 27, 2016; Jul. 26, 2017; Oct. 24, 2017> |
| (2) | Where the heads of the relevant administrative agencies shall re-finalize, re-permit, etc. the relevant development project, etc. because the development project, etc. of which consultations on disaster impact assessment, etc. are completed pursuant to paragraph (1) is invalid due to cancellation, delay, or other reasons, and the former development project, etc. satisfies all of the following requirements, they may substitute consultations on disaster impact assessment, etc. under paragraph (1) with the completed consultations on disaster impact assessment, etc.: <Amended on Jan. 27, 2016; Oct. 24, 2017> |
| 1. | No change shall be made in the details of the relevant development project, etc.; |
| 2. | The results of consultations on disaster impact assessment, etc. notified under paragraph (4) shall be reflected in the relevant development project, etc.; |
| 3. | The period prescribed by Presidential Decree shall not pass from the date the results of consultations on disaster impact assessment, etc. are notified under paragraph (4). |
| (3) | Where the heads of the relevant administrative agencies intends to have consultations on disaster impact assessment, etc., they shall request such consultations after preparing documents necessary to examine and assess the effects of the relevant development project, etc. on disasters, as prescribed by Presidential Decree. <Amended on Jan. 27, 2016; Oct. 24, 2017> |
| (4) | Upon receipt of a request for consultations on disaster impact assessment, etc. with respect to the development project, etc. referred to in paragraph (1) from the heads of the relevant administrative agencies, the Minister of the Interior and Safety shall notify the heads of the relevant administrative agencies of the results of consultations on disaster impact assessment, etc., as prescribed by Presidential Decree. <Amended on Aug. 6, 2013; Jan. 27, 2016; Jul. 26, 2017; Oct. 24, 2017> |
| (5) | The Minister of the Interior and Safety may establish and operate a disaster impact assessment deliberative committee to deliberate on matters requested for consultations on disaster impact assessment, etc. in a professional manner, and matters necessary for the composition and operation of the committee shall be prescribed by Presidential Decree. <Amended on Aug. 6, 2013; Jan. 27, 2016; Jul. 26, 2017; Oct. 24, 2017> |
| (6) | The Minister of the Interior and Safety may establish an institution specializing in disaster prevention and safety management if necessary for professional performance of duties of mitigating disasters, such as disaster impact assessment, etc. or disaster prevention and recovery, and for the efficient performance of such duties. <Amended on Nov. 19, 2014; Jul. 26, 2017; Oct. 24, 2017> |
| (7) | Matters that shall be included in consulting on disaster impact assessment, etc. pursuant to paragraph (1), and matters necessary for consultation procedures, etc. shall be prescribed by Presidential Decree. In such cases, consultation-related matters, procedures, etc., including matters concerning measures to prevent disasters and to forecast and mitigate the effects of disasters, may be otherwise determined according to the scale, etc. of development projects, etc. subject to consultations on disaster impact assessment, etc. <Newly Inserted on Oct. 24, 2017> |
[This Article Wholly Amended on Mar. 7, 2011]
[Title Amended on Oct. 24, 2017]
| Article 5 (Matters Subject to Consultations on Disaster Impact Assessment) |
| (1) | Development projects, etc. which shall undergo consultations on disaster impact assessment, etc. under Article 4 shall be as follows: <Amended on Jan. 27, 2016; Oct. 24, 2017> |
| 1. | National land and regional plans and urban development; |
| 2. | Formation of industrial and distribution complexes; |
| 3. | Development of energy; |
| 4. | Installation of traffic facilities; |
| 5. | Use and development of rivers; |
| 6. | Development of water resources and the ocean; |
| 7. | Development of mountainous areas and extraction of aggregate; |
| 8. | Development of tourist zones and installation of sports facilities; |
| 9. | Other plans and projects which influence natural disasters, which are prescribed by Presidential Decree. |
| (2) | Notwithstanding paragraph (1), the following projects shall not undergo consultations on disaster impact assessment, etc.: <Amended on Jan. 27, 2016; Jul. 26, 2017; Oct. 24, 2017> |
| 1. | Projects for emergency measures under Article 37 of the Framework Act; |
| 2. | Projects on which the Minister of National Defense consults with the Minister of the Interior and Safety, on the grounds that the said Minister deems it necessary to protect military secrets and speedily establish such projects in terms of military. |
| (3) | Necessary matters concerning the scope of, timing and methods, etc. for development projects, etc., which shall undergo consultations on disaster impact assessment, etc. under paragraph (1), shall be prescribed by Presidential Decree. <Amended on Jan. 27, 2016; Oct. 24, 2017> |
[This Article Wholly Amended on Mar. 7, 2011]
[Title Amended on Oct. 24, 2017]
| Article 5-2 (Re-consultations on Disaster Impact Assessment) |
| (1) | Where a development project, etc. of which consultations on disaster impact assessment, etc. have been completed under Article 4 is amended, the heads of the relevant administrative agencies shall have consultations again on disaster impact assessment, etc. under Article 4 with the Minister of the Interior and Safety before finalizing, permitting, etc. the development project, etc. of which details are changed. <Amended on Jul. 26, 2017; Oct. 24, 2017> |
| (2) | Matters necessary for the scope of, methods and procedures, etc. for, development projects, etc. of which consultations on disaster impact assessment, etc. are conducted again under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Oct. 24, 2019> |
[This Article Newly Inserted on Jan. 27, 2016]
[Title Amended on Oct. 24, 2017]
| Article 6 (Compliance with Details of Consultations on Disaster Impact Assessment) |
| (1) | The heads of the relevant administrative agencies notified of the results of consultations on disaster impact assessment, etc. (including re-consultations on disaster impact assessment, etc. under Article 5-2; hereinafter the same shall apply) from the Minister of the Interior and Safety pursuant to Article 4 (4), shall take measures necessary to reflect such results in the relevant development project, etc. except in extenuating circumstances and notify the Minister of the Interior and Safety of the results of the measures taken thereon or a future plan for taking measures. <Amended on Aug. 6, 2013; Jan. 27, 2016; Jul. 26, 2017; Oct. 24, 2017> |
| (2) | Where the results of consultations on disaster impact assessment, etc. are reflected in the relevant development project, etc. under paragraph (1), the heads of the relevant administrative agencies and persons who obtain permission, etc. for the relevant development project, etc. (hereinafter referred to as “business implementer”) shall conscientiously comply with such results. <Amended on Jan. 27, 2016; Oct. 24, 2017> |
| (3) | A business implementer shall notify the Minister of the Interior and Safety and the heads of the relevant administrative agencies of a person in charge of management, following nominating a person in charge of managing the details of consultations on disaster impact assessment, etc. (hereinafter referred to as “person in charge of management”) to manage compliance with the details of consultations on disaster impact assessment, etc. for the relevant development project. <Amended on Jan. 27, 2016; Jul. 26, 2017; Oct. 24, 2017> |
| (4) | A business implementer shall record the status of compliance, etc. with the details of consultations on disaster impact assessment, etc. in management registers to conscientiously comply with the details of consultations on disaster impact assessment, etc. for the relevant development project, and keep such registers in the construction site. <Amended on Jan. 27, 2016; Oct. 24, 2017> |
| (5) | Matters necessary to nominate and notify persons in charge of management under paragraph (3) and to record compliance status under paragraph (4) shall be determined by Ordinance of the Ministry of the Interior and Safety. <Newly Inserted on Jan. 27, 2016; Jul. 26, 2017> |
[This Article Wholly Amended on Mar. 7, 2011]
[Title Amended on Jan. 27, 2016; Oct. 24, 2017]
| Article 6-2 (Notification of Commencement of Projects) |
Where a business implementer intends to commence or complete a development project, or to suspend the construction for at least three months, he or she shall notify the Minister of the Interior and Safety and the heads of the relevant administrative agencies of the details, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Jul. 26, 2017>
[This Article Newly Inserted on Jan. 27, 2016]
| Article 6-3 (Management and Supervision of Compliance of Consultations on Disaster Impact Assessment) |
| (1) | The heads of the relevant administrative agencies shall check whether a business implementer complies with the details of consultations on disaster impact assessment, etc. <Amended on Oct. 24, 2017> |
| (2) | The Minister of the Interior and Safety or the heads of the relevant administrative agencies may have a business implementer submit materials related to the compliance with the details of consultations on disaster impact assessment, etc., or have public officials under his or her jurisdiction access the place of business and investigate such matters. <Amended on Jul. 26, 2017; Oct. 24, 2017> |
| (3) | Where the heads of the relevant administrative agencies intends to inspect the completion of a development project, they shall check whether the details of consultations on disaster impact assessment, etc. are complied with, and notify the Minister of the Interior and Safety of the results thereof. <Amended on Jul. 26, 2017; Oct. 24, 2017> |
[This Article Newly Inserted on Jan. 27, 2016]
[Title Amended on Oct. 24, 2017]
| Article 6-4 (Orders to Take Measures on Compliance of Consultations on Disaster Impact Assessment) |
| (1) | Where a business implementer fails to comply with the details of consultations on disaster impact assessment, etc., the heads of the relevant administrative agencies shall issue an order to take measures necessary for its compliance. <Amended on Oct. 24, 2017> |
| (2) | Where it is deemed that disasters are significantly affected due to non-compliance with orders to take measures issued under paragraph (1), the heads of the relevant administrative agencies shall issue an order to suspend construction of all or part of the relevant development project. |
| (3) | Where it is necessary for managing compliance with the details of consultations on disaster impact assessment, etc., the Minister of the Interior and Safety may request the heads of the relevant administrative agencies to issue an order to suspend construction or take other necessary measures. In such cases, the heads of the relevant administrative agencies shall comply with such request unless there is good cause. <Amended on Jul. 26, 2017; Oct. 24, 2017> |
| (4) | Where the heads of the relevant administrative agencies issues an order to take measures or to suspend construction under paragraphs (1) through (3), they shall notify the Minister of the Interior and Safety of the details thereof without delay. <Amended on Jul. 26, 2017> |
[This Article Newly Inserted on Jan. 27, 2016]
[Title Amended on Oct. 24, 2017]
| Article 7 (Prohibition against Prior Permission for Development Projects) |
| (1) | The heads of the relevant administrative agencies shall be prohibited from granting prior permission, etc. for development projects prior to the completion of the procedures for consultations on disaster impact assessment, etc. under Article 4. <Amended on Jan. 27, 2016; Oct. 24, 2017> |
| (2) | With respect to any development project already undertaken before the completion of the procedures for consultations on disaster impact assessment, etc., the Minister of the Interior and Safety may request the heads of the relevant administrative agencies to take necessary measures, such as the suspension of construction under the development project in question. In such cases, the heads of the relevant administrative agencies shall comply with such request, except in extenuating circumstances. <Amended on Aug. 6, 2013; Jan. 27, 2016; Jul. 26, 2017; Oct. 24, 2017> |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 8 (Participation of Experts in Field of Disaster Prevention in Development-related Committees) |
| (1) | The heads of the relevant administrative agencies shall have experts in the field of disaster prevention to participate in a committee organized and operated for giving advice, deliberating and resolving on development projects, etc. which influence on natural disasters, to ensure that opinions on the examination of factors influencing disasters are reflected for the prevention of natural disasters. <Amended on Jan. 27, 2016> |
| (2) | The Minister of the Interior and Safety may recommend experts in the field of disaster prevention to participate in a committee referred to in paragraph (1), and if deemed necessary, he or she may also recommend the participation of public officials in charge of disaster prevention affairs therein. <Amended on Aug. 6, 2013; Jan. 27, 2016; Jul. 26, 2017> |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 9 (Investigation and Analysis of Causes of Disasters) |
| (1) | The head of a disaster management agency may conduct an investigation into and analysis of the causes of a natural disaster which occurs in a facility, etc. under his or her jurisdiction. <Amended on May 14, 2014> |
| (2) | Notwithstanding paragraph (1), the Minister of the Interior and Safety or the head of a local government may conduct direct investigations, analyses, and assessments to establish the causes of a disaster and formulate countermeasures to prevent the occurrence of such disaster. <Newly Inserted on May 14, 2014; Jan. 27, 2016; Jul. 26, 2017> |
| (3) | Where the Minister of the Interior and Safety or the head of a local government conducts investigations, etc. into the causes of a disaster pursuant to paragraph (2), he or she shall notify the head of the relevant disaster management agency of the results of investigations, etc. <Newly Inserted on May 14, 2014> |
| (4) | Matters necessary for the head of a local government to investigate, analyze, and assess the causes of a disaster shall be prescribed by Ordinance of the relevant local government. <Amended on Aug. 6, 2013; May 14, 2014; Jan. 27, 2016> |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 10 (Organization of Disaster Mitigation Council) |
| (1) | The Minister of the Interior and Safety may organize and operate a disaster mitigation council in which local governments and organizations specializing in the field of disaster participate, for cooperation in investigating, analyzing and assessing the causes of disasters under Article 9, for an investigation and a study for disaster reduction, and for formulation of other measures for disaster reduction. <Amended on Aug. 6, 2013; Jan. 27, 2016; Jul. 26, 2017> |
| (2) | Matters necessary for the organization, functions, and operation of the disaster mitigation council referred to 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> |
| (3) | If the Minister of the Interior and Safety deems it necessary to smoothly operate the disaster mitigation council referred to in paragraph (1), he or she may provide administrative and fiscal support, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Aug. 6, 2013; Nov. 19, 2014; Jan. 27, 2016; Jul. 26, 2017> |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 11 (Access to Land) |
| (1) | If deemed necessary to check on facilities, etc., investigate and analyze the cause of any disaster, and examine traces left of and damage done by any disaster, the Minister of the Interior and Safety, the head of a local government, or anyone ordered, commissioned, or entrusted by the Minister of the Interior and Safety or the head of a local government may access a third person's land and temporarily use such land, and if deemed particularly necessary, he or she may alter or remove trees, earth, stones, and other obstacles therefrom. <Amended on Aug. 6, 2013; Nov. 19, 2014; Jan. 27, 2016; Jul. 26, 2017> |
| (2) | A person who intends to access a third person's land, temporarily use such land, or alter or remove trees, earth, stones and other obstacles therefrom pursuant to paragraph (1), shall in advance obtain consent from the owner, occupant or manager (hereafter in this Article, referred to as "interested party") of such land or obstacles: Provided, That, where it is impracticable to obtain consent because the relevant interested party is away from the scene or his or her domicile or residence is unknown, permission shall be obtained from the head of the competent Si/Gun/Gu. |
| (3) | A person who intends to perform any activity referred to in paragraph (1) shall carry a certificate evidencing his or her authority and produce it to interested parties. |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 12 (Designation of Areas Zoned to Manage Natural Disaster Risks) |
| (1) | The head of a Si/Gun/Gu shall designate and publicly notify an area in which a disaster, such as floods or landslide, is likely to occur due to its topographical conditions, as an area zoned to manage natural disaster risks and shall report the results thereof to the Minister of the Interior and Safety and the head of the relevant central administrative agency via the competent Mayor/Do Governor (excluding where the Special Self-Governing City Mayor reports the results). In such cases, a topographical map shall be publicly notified along with such results under Article 8 (2) of the Framework Act on the Regulation of Land Use. <Amended on Oct. 22, 2012; Nov. 19, 2014; Jan. 27, 2016; Mar. 21, 2017; Jul. 26, 2017> |
| (2) | The head of a Si/Gun/Gu may request or order a related agency (including a military unit) having jurisdiction over an area designated pursuant to paragraph (1) as an area zoned to manage natural disaster risks or the owner, occupant, or manager of a facility within such area (hereafter in this Article, referred to as “interested party”) to take measures, such as inspections and improvements, to the extent necessary for preventing disasters, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Oct. 22, 2012; Mar. 23, 2013; Aug. 6, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | The relevant agency or interested party requested or ordered to take measures necessary to prevent any disaster pursuant to paragraph (2) shall take necessary measures and notify the head of a Si/Gun/Gu of the results thereof. |
| (4) | With respect to an area specified by Presidential Decree as an area zoned to manage natural disaster risks, the head of a Si/Gun/Gu may ex officio take measures referred to in paragraph (2) or may provide owners with subsidy to cover part of the expenses incurred in such measures. <Amended on Oct. 22, 2012> |
| (5) | Where the risk of disasters is defused as a result of the implementation of a project to upgrade an area zoned to manage natural disaster risks, the head of a Si/Gun/Gu shall cancel the designation of the area zoned to manage natural disaster risks and publicly notify the results thereof, taking relevant experts’ views thereon. <Amended on Oct. 22, 2012> |
| (6) | If the head of a Si/Gun/Gu fails to designate an area as an area zoned to manage natural disaster risks although it is necessary to designate the area as an area zoned to manage natural disaster risks pursuant to paragraph (1), the Minister of the Interior and Safety or the competent Mayor/Do Governor may recommend the head of the Si/Gun/Gu to designate and publicly notify the area as an area zoned to manage natural disaster risks. In such cases, the head of the Si/Gun/Gu shall comply with such recommendation, except in extenuating circumstances. <Amended on Oct. 22, 2012; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Mar. 7, 2011]
[Title Amended on Oct. 22, 2012]
| Article 13 (Formulation of Plans to Upgrade Areas Zoned to Manage Natural Disaster Risks) |
| (1) | With respect to an area designated pursuant to Article 12 (1) as an area zoned to manage natural disaster risks, the head of a Si/Gun/Gu shall formulate a plan every five years to upgrade the area zoned to manage natural disaster risks (hereinafter referred to as "upgrade plan") which will be used as a guideline for the upgrade direction, and shall submit it to the Mayor/Do Governor (or the Special Self-Governing City Mayor shall submit it to the Minister of the Interior and Safety). <Amended on Oct. 22, 2012; Mar. 21, 2017; Jul. 26, 2017> |
| (2) | The Mayor/Do Governor shall, upon receiving an upgrade plan, submit the upgrade plan to the Minister of the Interior and Safety, and the Minister of the Interior and Safety may, if deemed necessary, ask the Mayor/Do Governor to supplement the upgrade plan. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (3) | An upgrade plan referred to in paragraph (1) shall include the following: <Amended on Oct. 22, 2012> |
| 1. | The principal directions for upgrading the areas zoned to manage natural disaster risks; |
| 2. | Matters concerning the current status of designation of areas zoned to manage natural disaster risks and annual upgrade of the areas; |
| 3. | Matters concerning the prevention of disaster and check and management of areas zoned to manage natural disaster risks; |
| 4. | Other matters concerning the upgrade of the areas zoned to manage natural disaster risks, as prescribed by Presidential Decree. |
| (4) | Where the head of a Si/Gun/Gu formulates an upgrade plan, he or she shall examine its relation, etc. to any development project of the area and reflect such relation, etc. in the upgrade plan. |
| (5) | Paragraphs (1) and (2) shall apply mutatis mutandis where the upgrade plan referred to in paragraph (1) is modified. |
| (6) | Except as otherwise prescribed in paragraphs (1) through (5), matters necessary for the formulation, procedures, etc. of the upgrade plan shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 7, 2011]
[Title Amended on Oct. 22, 2012]
| Article 14 (Formulation of Project Plans for Areas Zoned to Manage Natural Disaster Risks) |
| (1) | The head of a Si/Gun/Gu shall formulate an annual project plan for an area zoned to manage natural disaster risks for the following year (hereinafter referred to as "project plan") in accordance with the relevant upgrade plan and shall submit the project plan to the competent Mayor/Do Governor (or the Special Self-Governing City Mayor shall submit it to the Minister of the Interior and Safety). <Amended on Oct. 22, 2012; Mar. 21, 2017; Jul. 26, 2017> |
| (2) | The Mayor/Do Governor shall, upon receiving a project plan under paragraph (1), report the project plan to the Minister of the Interior and Safety. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Paragraphs (1) and (2) shall apply mutatis mutandis where the project plan is modified. |
| (4) | Matters necessary for the formulation of and procedures for the project plan, etc., other than matters prescribed under paragraphs (1) through (3), shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 7, 2011]
[Title Amended on Oct. 22, 2012]
| Article 14-2 (Formulation and Public Announcement of Implementation Plans for Projects for Upgrading Areas Zoned to Manage Natural Disaster Risks) |
| (1) | The head of a Si/Gun/Gu shall formulate and publicly announce an implementation plan for the project to upgrade an area zoned to manage natural disaster risks, based on a project plan, as prescribed by Presidential Decree, and shall keep design documents available to the general public for inspection. The same shall apply where it is intended to amend an implementation plan for the project to upgrade an area zoned to manage natural disaster risks. |
| (2) | Where the head of a Si/Gun/Gu formulates or amends an implementation plan for the project to upgrade an area zoned to manage natural disaster risks and publicly announce the plan pursuant to paragraph (1), public notification or public announcement of the following permission, authorization, approval, decision, designation, consultation, acceptance of a report, etc. (hereafter in this Article, referred to as “authorization, permission, etc.”) shall be deemed made with regard to matters on which the heads of the relevant administrative agencies has been consulted pursuant to paragraph (3): <Amended on Jan. 14, 2014; Jan. 19, 2016; Dec. 27, 2016; Jan. 17, 2017; Mar. 21, 2017; Dec. 24, 2018; Jan. 29, 2020> |
| 24. | Permission for the relocation of an abandoned grave under Article 27 (1) of the Act on Funeral Service, Etc.; |
| 31. | Permission to enter into a land transaction contract under Article 11 of the Act on Report on Real Estate Transactions, Etc. |
| (3) | If the head of a Si/Gun/Gu intends to formulate or amend and publicly announce an implementation plan for a project to upgrade an area zoned to manage natural disaster risks pursuant to paragraph (1) but the plan includes any matter specified in any subparagraph of paragraph (2), he or she shall in advance consult with the heads of the relevant administrative agencies. In such cases, the heads of the relevant administrative agencies shall reply to a request from the head of a Si/Gun/Gu for consultation within 15 days from the date he or she receives such request. |
[This Article Newly Inserted on Oct. 22, 2012]
| Article 14-3 (Expropriation and Use of Land, etc.) |
| (1) | If the head of a Si/Gun/Gu deems it necessary for implementing an upgrade project for an area zoned to manage natural disaster risks, he or she may expropriate or use the land and buildings in the project zone, ownership of fixtures on the land, or any other right other than ownership interests in the land, buildings, or fixtures. |
[This Article Newly Inserted on Oct. 22, 2012]
| Article 15 (Restrictions on Activities, such as Construction and Change of Form and Quality, in Areas Zoned to Manage Natural Disaster Risks) |
| (1) | If necessary to prevent disasters in an area designated and publicly notified as an area zoned to manage natural disaster risks, the head of a Si/Gun/Gu may place restrictions on such activities as construction and changes in the form and quality: Provided, That the foregoing shall not apply where preventive measures are prepared and implemented against natural disasters that may accompany such activities as construction and changes in the form and quality. <Amended on Oct. 22, 2012> |
| (2) | An area zoned to manage natural disaster risks, in which restrictions are placed on such activities as construction and changes in the form and quality under the main sentence of paragraph (1), shall be upgraded preferentially earlier than other areas zoned to manage natural disaster risks. <Amended on Oct. 22, 2012> |
| (3) | Detailed matters concerning restrictions on activities under paragraph (1) shall be prescribed by municipal ordinance of the relevant local government. |
[This Article Wholly Amended on Mar. 7, 2011]
[Title Amended on Oct. 22, 2012]
| Article 15-2 (Analysis and Evaluation of Projects for Upgrading Areas Zoned to Manage Natural Disaster Risks) |
| (1) | Where the head of a Si/Gun/Gu completed a project for upgrading an area zoned to manage natural disaster risks, the scale of which is not less than the scale prescribed by Presidential Decree, he or she shall analyze and evaluate the effectiveness and economic feasibility of the project and submit the results thereof to the Minister of the Interior and Safety via the Mayor/Do Governor: Provided, That the Special Self-Governing City Mayor shall submit it directly to the Minister of the Interior and Safety. <Amended on Jul. 26, 2017> |
| (2) | Except as otherwise provided for in paragraph (1), matters necessary for the methods of and procedures for analysis and evaluation shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Jul. 26, 2017> |
[This Article Newly Inserted on Mar. 21, 2017]
| Article 15-3 (Formulation, etc. of Comprehensive Plans to Upgrade Living Areas Damaged by Storm and Flood) |
| (1) | Where the head of a Si/Gun/Gu deems that his/her jurisdictional areas are susceptible to damage by storms and floods and thus require overall upgrade, he or she may formulate a comprehensive plan to upgrade living areas damaged by storms and floods (hereinafter referred to as "comprehensive upgrade plan for storms and floods") by comprehensively reviewing the following: |
| 1. | Areas zoned to manage natural disaster risks designated and publicly notified under Article 12; |
| 5. | Other areas or facilities recognized as necessary by the head of a local government. |
| (2) | Articles 14, 14-2, 14-3, 15, and 15-2 shall apply mutatis mutandis to the formulation and implementation of comprehensive upgrade plans for storms and floods. |
| (3) | Other than matters prescribed in paragraphs (1) and (2), necessary matters concerning the procedures and methods for formulating and implementing comprehensive upgrade plans for storms and floods shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jun. 9, 2020]
| Article 16 (Formulation of Comprehensive Plans to Mitigate Natural Disasters) |
| (1) | The head of a Si (excluding the Special Self-Governing City Mayor and the head of an administrative Si; hereafter the same shall apply in this Article and Articles 16-2, 19 and 19-2) or the head of a Gun shall formulate a comprehensive plan to mitigate natural disasters for the relevant Si/Gun (hereinafter referred to as "Si/Gun comprehensive plan") every ten years for the prevention and reduction of natural disasters, and finalize such plan by obtaining approval from the Minister of the Interior and Safety, as prescribed by Presidential Decree, after obtaining the Mayor/Do Governor's approval. <Amended on Feb. 22, 2012; Nov. 19, 2014; Mar. 21, 2017; Jul. 26, 2017; Oct. 24, 2017> |
| (2) | Each Mayor/Do Governor shall formulate a comprehensive plan to mitigate natural disasters for the relevant City/Do (hereinafter referred to as "City/Do comprehensive plan"), directly or based on Si/Gun comprehensive plans, and finalize such plan after obtaining approval from the Minister of the Interior and Safety, as prescribed by Presidential Decree. <Amended on Feb. 22, 2012; Nov. 19, 2014; Mar. 21, 2017; Jul. 26, 2017; Oct. 24, 2017> |
| (3) | The head of a Si/Gun or a Mayor/Do Governor may review the appropriateness of a Si/Gun comprehensive plan or City/Do comprehensive plan and amend such plan, if necessary, where five years have passed since the formulation of the plan. <Newly Inserted on Oct. 24, 2017> |
| (4) | Where the head of a Si/Gun or a Mayor/Do Governor intends to amend a Si/Gun comprehensive plan or City/Do comprehensive plan, the procedures prescribed in paragraphs (1) and (2) shall apply mutatis mutandis: Provided, That this shall not apply to cases requiring urgent amendments and prescribed by Presidential Decree. <Amended on Feb. 22, 2012; Jan. 27, 2016; Oct. 24, 2017> |
| (5) | Where a person with the authority to formulate or amend a metropolitan plan, urban or Gun master plan, and urban or Gun management plan under Articles 11, 18, and 24 of the National Land Planning and Utilization Act formulates or amends the metropolitan plan, urban or Gun master plan, and urban or Gun management plan, he or she shall reflect the relevant Si/Gun comprehensive plan and the relevant City/Do comprehensive plan therein. <Amended on Apr. 14, 2011; Feb. 22, 2012; Jan. 27, 2016; Oct. 24, 2017> |
| (6) | Matters necessary for formulating Si/Gun comprehensive plans and City/Do comprehensive plans shall be prescribed by Presidential Decree. <Amended on Feb. 22, 2012; Jan. 27, 2016; Oct. 24, 2017> |
[This Article Wholly Amended on Mar. 7, 2011]
[Title Amended on Oct. 24, 2017]
| Article 16-2 (Formulation of Implementation Plans to Mitigate Natural Disasters) |
| (1) | The head of each Si/Gun shall prepare a Si/Gun implementation plan of the following year for a Si/Gun comprehensive plan (hereinafter referred to as “Si/Gun implementation plan”) every year and submit such implementation plan to the competent Mayor/Do Governor. In such cases, the head of the Si/Gun shall in advance consult with the heads of the relevant administrative agencies and the heads of public institutions specified in each subparagraph of Article 19-5 (1) (hereafter in this Article and Article 16-3, referred to as “heads of the relevant administrative agencies, etc.”). |
| (2) | Each Mayor/Do Governor shall prepare a City/Do implementation plan of the following year of a City/Do comprehensive plan (hereinafter referred to as “City/Do implementation plan”) every year in reflection of a Si/Gun implementation plan submitted directly or under paragraph (1) and submit such implementation plan to the Minister of the Interior and Safety. In such cases, the Mayor/Do Governor shall in advance consult with the heads of the relevant administrative agencies, etc. <Amended on Mar. 21, 2017; Jul. 26, 2017> |
| (3) | Where it is necessary to supplement a City/Do implementation plan submitted under paragraph (2), the Minister of the Interior and Safety may request the relevant Mayor/Do Governor to supplement it. In such cases, the Mayor/Do Governor shall submit the City/Do implementation plan supplemented, except in extenuating circumstances. <Amended on Jul. 26, 2017> |
| (4) | The Minister of the Interior and Safety may partially subsidize projects to mitigate natural disasters using the National Treasury, following reviewing the City/Do implementation plan submitted under paragraphs (2) and (3). <Amended on Jul. 26, 2017; Oct. 24, 2017> |
| (5) | Paragraphs (1) and (2) shall apply mutatis mutandis to procedures for amending a Si/Gun implementation plan or a City/Do implementation plan. |
| (6) | Except as otherwise provided for in paragraphs (1) and (2), matters necessary for procedures and methods for formulating Si/Gun implementation plans and City/Do implementation plans, etc. shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 27, 2016]
[Title Amended on Oct. 24, 2017]
[Previous Article 16-2 moved to Article 16-4 <Jan. 27, 2016>]
| Article 16-3 (Implementation of Implementation Plans to Mitigate Natural Disasters) |
| (1) | Where a City/Do implementation plan is submitted under Article 16-2, the Minister of the Interior and Safety shall notify the heads of the relevant administrative agencies, etc. of the details without delay. <Amended on Jul. 26, 2017> |
| (2) | The heads of the relevant administrative agencies, etc., who have been notified under paragraph (1), shall take measures necessary for implementing implementation plans, and submit the promotion results of the annual implementation plan to the Minister of the Interior and Safety every year. <Amended on Jul. 26, 2017> |
| (3) | Except as otherwise provided for in paragraphs (1) and (2), matters necessary for implementing implementation plans shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 27, 2016]
[Title Amended on Oct. 24, 2017]
[Previous Article 16-3 moved to Article 16-5 <Jan. 27, 2016>]
SECTION 2 Damage Caused by Storm and Flood
| Article 16-4 (Setting and Implementation of Regional Targets for Performance of Disaster Prevention) |
| (1) | In order to set and implement targets for the manageable amount of rainfalls per hour and the manageable amount of continuous rainfalls (hereinafter referred to as "targets for performance of disaster prevention") in each region, which shall be applied to disaster prevention policies against disasters caused by foods, torrential rains, etc., the Minister of the Interior and Safety shall formulate guidelines for setting targets for performance of disaster prevention, through consultation with the heads of relevant central administrative agencies, and shall notify the guidelines to the Special Self-Governing City Mayor, each Metropolitan City Mayor, and the head of each Si/Gun (including the head of a Gun within jurisdiction of a Metropolitan City; hereafter the same shall apply in this Article and Article 16-5). <Amended on Nov. 19, 2014; Jan. 27, 2016; Mar. 21, 2017; Jul. 26, 2017> |
| (2) | Upon receipt of the notice of guidelines for setting targets for performance of disaster prevention pursuant to paragraph (1), the Special Self-Governing City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun shall set, announce and implement a ten-year regional target for performance of disaster prevention for the relevant Special Metropolitan City, Metropolitan City (excluding Guns within jurisdiction of the Metropolitan City; hereafter in Article 16-5 the same shall apply), or Si/Gun. <Amended on Jan. 27, 2016> |
| (3) | The Special Self-Governing City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun shall review the appropriateness of regional targets for performance of disaster prevention every five years from the date of announcing the regional targets and shall, if necessary, amend the set targets for performance of disaster prevention and announce the amended targets to the public. |
| (4) | Matters necessary to set, amend and implement regional targets for performance of disaster prevention under paragraphs (2) and (3) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Feb. 22, 2012]
[Moved from Article 16-2; previous Article 16-4 moved to Article 16-6 <Jan. 27, 2016>]
| Article 16-5 (Evaluation of Performance of Facilities for Disaster Prevention) |
| (1) | The Special Self-Governing City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun shall examine facilities specified by Presidential Decree, among facilities installed for disaster prevention in the relevant Special Metropolitan City, Metropolitan City, or Si/Gun under Article 64, to ascertain whether the performance of such facilities meets the relevant regional targets for performance of disaster prevention, and if such facilities fail to meet the targets for performance of disaster prevention, he or she shall formulate and implement comprehensive measures for improving the performance of disaster prevention. |
| (2) | Matters necessary to evaluate the performance of facilities for disaster prevention and to formulate and implement comprehensive measures for improvement under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Feb. 22, 2012 <Jan. 27, 2016>]
[Moved from Article 16-3 <Jan. 27, 2016>]
| Article 16-6 (Formulation and Utilization of Guidelines for Disaster Prevention) |
| (1) | The Minister of the Interior and Safety shall formulate guidelines for disaster prevention, based on temperature, rainfalls, wind velocity, etc. forecasted by period and region in the future, and may recommend the head of each disaster management agency to adopt the guidelines so as to preemptively and effectively respond to disasters caused by climate change. <Amended on Aug. 6, 2013; Jan. 27, 2016; Jul. 26, 2017> |
| (2) | Upon receipt of guidelines recommended pursuant to paragraph (1), the head of a disaster management agency may apply the guidelines for disaster prevention to the formulation and implementation of long-term development plans relating to affairs under his or her jurisdiction and the maintenance and management of facilities for disaster prevention referred to in Article 64. |
[This Article Newly Inserted on Oct. 22, 2012]
[Moved from Article 16-4 <Jan. 27, 2016>]
| Article 17 (Establishment and Operation of Flood Control Standards) |
| (1) | The flood control standards for enhancing flood durability of facilities, from among flood control standards, shall be established by the heads of the relevant central administrative agencies, and the flood control standards for preventing flooding in underground spaces shall be established by the Minister of the Interior and Safety after consultation with the heads of the relevant central administrative agencies. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | Facilities and underground spaces for which the flood control standards are required to be established pursuant to paragraph (1) (hereinafter referred to as "subjects to the establishment of flood control standards") shall be prescribed by Presidential Decree from among the following facilities: <Amended on Jan. 14, 2014; Jan. 17, 2017> |
| (g) | Dams under subparagraph 1 of Article 2 of the Act on Construction of Dams and Assistance to Their Environs; |
| (c) | Metropolitan electric railways under subparagraph 2 (b) of Article 2 of the Special Act on the Management of Intercity Transport in Metropolitan Areas; |
| (3) | A person who installs facilities subject to the establishment of flood control standards shall apply flood control standards under paragraph (1) in designing or constructing such facilities. |
| (4) | Where the head of any local government inspects the completion of construction, or approves the use of, facilities subject to the establishment of flood control standards, he or she shall verify whether the flood control standards are applied to such facilities as prescribed by the Minister of the Interior and Safety, and if such standards are satisfied, shall inspect the completion of its construction or approve its use. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 18 (Establishment and Utilization of Flood Prevention Standards by District) |
| (1) | If necessary to mitigate disasters in flood-prone areas, areas where flood-caused damage is expected, and flood-damaged areas, the Minister of the Interior and Safety shall establish flood prevention standards by district. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | Where the head of a disaster management agency formulates plans for development projects specified by Presidential Decree, among development projects, projects for upgrading an area zoned to manage natural disaster risks, projects for recovery from floods, and other disaster relief projects (hereinafter referred to as “development projects, etc.”), he or she shall apply the flood prevention standards by district under paragraph (1). <Amended on Oct. 22, 2012> |
| (3) | Where the head of a central administrative agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu intends to grant permission for development project, etc., he or she may request a project implementer to apply the flood prevention standards by district to his or her development project after analyzing the impact of his or her development project on the development area and adjacent areas in order to prevent any disaster. Upon receipt of such request, the project implementer shall comply therewith, except in extenuating circumstances. <Amended on Oct. 22, 2012> |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 19 (Formulation of Measures to Reduce Rainwater Runoff) |
| (1) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun shall formulate measures to reduce rainwater runoff every five years to prevent disasters caused by rainwater permeation or retention, in consideration of regional characteristics, etc. of an area under his or her jurisdiction. <Amended on Mar. 21, 2017> |
| (2) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, or the Special Self-Governing Province Governor shall submit a report on runoff reduction measures formulated pursuant to paragraph (1) to the Minister of the Interior and Safety, and the head of a Si/Gun shall submit such report to the Minister of the Interior and Safety via the competent Mayor/Do Governor. <Amended on Nov. 19, 2014; Mar. 21, 2017; Jul. 26, 2017> |
| (3) | The following matters shall be factored into runoff reduction measures referred to in paragraph (1): <Amended on Mar. 21, 2017> |
| 1. | Targets and strategies to reduce rainwater runoff; |
| 2. | The principal direction-setting for runoff reduction measures; |
| 3. | Matters concerning the yearly installation of runoff reduction facilities; |
| 4. | Measures to fund the installation of runoff reduction facilities; |
| 5. | Plans to manage runoff reduction facilities for the prevention of disasters; |
| 6. | Runoff reduction measures, using unused land, barren land, etc.; |
| 7. | Other matters the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun deems necessary. |
| (4) | A Mayor/Do Governor or the head of a Si/Gun shall reflect runoff reduction measures under paragraph (1) in a comprehensive plan to mitigate natural disasters formulated pursuant to Article 16. <Amended on Oct. 24, 2017> |
[This Article Wholly Amended on Aug. 6, 2013]
| Article 19-2 (Formulation of Project Plan for Runoff Reduction Facilities) |
| (1) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the Special Self-Governing Province Governor, and the head of a Si/Gun shall formulate an annual plan for projects for runoff reduction facilities of the following year, in accordance with runoff reduction measures referred to in Article 19. <Amended on Mar. 21, 2017> |
| (2) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, and the Special Self-Governing Province Governor shall submit a plan for projects for runoff reduction facilities formulated pursuant to paragraph (1) to the Minister of the Interior and Safety, and the head of a Si/Gun shall submit such project plan to the Minister of the Interior and Safety via the competent Mayor/Do Governor. The same shall also apply where he or she intends to amend a project plan for runoff reduction facilities he or she has already formulated. <Amended on Nov. 19, 2014; Mar. 21, 2017; Jul. 26, 2017> |
| (3) | Except as otherwise provided for in paragraphs (1) and (2), matters necessary to formulate project plans for runoff reduction facilities and procedures therefor shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Aug. 6, 2013]
| Article 19-3 (Formulation and Public Announcement of Implementation Plans of Projects for Runoff Reduction Facilities) |
Article 14-2 shall apply mutatis mutandis to the formulation, public announcement, etc. of implementation plans for projects for runoff reduction facilities. In such cases, a "project to upgrade areas zoned to manage natural disaster risks" shall be construed as a "project for runoff reduction facilities". [This Article Newly Inserted on Aug. 6, 2013]
| Article 19-4 (Expropriation and Use of Land for Execution of Projects for Runoff Reduction Facilities) |
Article 14-3 shall apply mutatis mutandis to the expropriation and use of land, etc. necessary to execute a project for runoff reduction facilities. In such cases, "project to upgrade areas zoned to manage natural disaster risks" shall be construed as "project for runoff reduction facilities", and "pursuant to Article 14-2 (1)" shall be construed as "pursuant to Article 19-3". [This Article Newly Inserted on Aug. 6, 2013]
| Article 19-5 (Requests for Use of Land to Install Runoff Reduction Facilities) |
| (1) | Where it is necessary to install runoff reduction facilities in the underground space of public facilities, such as the playground, parking lot, and park owned and managed by a public institution falling under any of the following subparagraphs in order to prevent flood damage in a downtown area where flood damage has occurred or is likely to occur, the head of a related central administrative agency, or the head of a local government may request the head of the relevant public institution for permission to use land to the extent necessary to install runoff reduction facilities: |
| 1. | The State and a local government agency; |
| 2. | A national or public school; |
| (2) | Where the head of a related central administrative agency or the head of a local government requests the head of a public institution for permission to use land pursuant to paragraph (1), he or she shall submit related plans, such as a plan to install facilities and a safety management plan, to the head of the relevant public institution, and upon receipt of such request, the head of the public institution shall provide cooperation after reviewing the publicness, safety, etc., except in extraordinary circumstances. |
[This Article Newly Inserted on Aug. 6, 2013]
| Article 19-6 (Installation of Runoff Reduction Facilities by Development Project Operators) |
| (1) | A person who executes a development project, etc. or manages public facilities shall formulate runoff reduction measures and install runoff reduction facilities, as prescribed by Presidential Decree. |
| (2) | The head of a local government may partially exempt or reduce the water rate or sewage rate for a private business operator who installs and operates runoff reduction facilities pursuant to paragraph (1). |
| (3) | Development projects, etc. for which the installation of runoff reduction facilities is required under paragraph (1) shall be as follows: |
| 1. | National land or regional planning and urban development; |
| 2. | Creation of an industrial and distribution complex; |
| 3. | Development of a tourist attraction and a tourist complex; |
| 4. | Other projects affecting rainwater runoff, which are prescribed by Presidential Decree. |
| (4) | Where the head of a local government inspects completion of construction or approves the use of public facilities or regarding development projects, etc. referred to in paragraph (1), he or she shall verify whether the public facilities meet the standards for runoff reduction facilities set forth in Article 19-7, and if the public facilities meet such standards, shall inspect the completion of construction and approve the use of the facilities. |
[This Article Newly Inserted on Aug. 6, 2013]
| Article 19-7 (Standards for Runoff Reduction Facilities) |
| (1) | Runoff reduction facilities shall have the function of reducing instantaneous rainwater runoff for mitigating damage caused by wind, flood, and drought. |
| (2) | Runoff reduction facilities shall be installed in consideration of the annual precipitation, topographical and geographical conditions, water catchment and drainage systems, safety, etc. of an area where such facilities are installed. |
| (3) | Other standards necessary for the kinds, installation, structure, maintenance, and management, etc. of runoff reduction facilities shall be prescribed by Presidential Decree. |
| (4) | The head of a related central administrative agency shall develop and distribute techniques to reduce rainwater runoff appropriate for the characteristics of each project according to standards referred to in paragraphs (1) through (3). |
[This Article Newly Inserted on Aug. 6, 2013]
| Article 20 (Establishment of Standards for Wind-Resistance Designs) |
| (1) | The heads of the relevant central administrative agencies shall establish the standards for wind-resistance designs in relevant statutes and regulations, etc. for facilities prescribed by Presidential Decree, among the following facilities likely to suffer from disasters caused by typhoon, strong wind, etc., and shall supervise implementing such standards: <Amended on Jan. 6, 2016; Mar. 29, 2016> |
| 7. | Outdoor advertisements under the Act on the Management of Outdoor Advertisement, etc. and Promotion of Outdoor Advertisement Industry; |
| 11. | Other facilities under Presidential Decree. |
| (2) | Where the heads of the relevant central administrative agencies establish the standards for wind-resistance designs referred to in paragraph (1), they shall notify the Minister of the Interior and Safety thereof, and if necessary, the Minister of the Interior and Safety may request the heads of the relevant central administrative agencies to supplement such standards. <Amended on Aug. 6, 2013; Jan. 27, 2016; Jul. 26, 2017> |
| (3) | Where the heads of local governments grant permission, etc. on the facilities required to be installed in accordance with wind-resistance designs referred to in paragraph (1), they shall verify matters concerning the application of the standards for wind-resistance designs, and grant permission, etc. on the facilities if they are in conformity with the standards for wind-resistance designs. |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 21 (Production and Use of Various Disaster Maps) |
| (1) | The head of the relevant central administrative agency and the head of each local government shall produce and use disaster maps prescribed by Presidential Decree in order to take measures to mitigate natural disasters such as river inundation and help residents evacuate quickly: Provided, That, where the provisions of other statutes or regulations expressly govern the production and use of disaster maps, such disaster maps may be produced and used as prescribed by such statutes or regulations. <Amended on Mar. 7, 2011; May 14, 2014> |
| (2) | Where any inundation-caused damage occurs, the heads of local governments shall investigate traces of flooding, inundation, and other damage (hereinafter referred to as "traces of flooding"), prepare and keep flood maps, and mark and manage flood maps on the spot. <Amended on Mar. 7, 2011> |
| (3) | The Minister of the Interior and Safety shall utilize disaster maps produced by the relevant central administrative agency and the head of each local government as the basis of countermeasures in all fields, including the prevention of, provision against, response to, and recovery from natural disasters, and construct and operate an integrated disaster map management and connection system to promote efficiency in the implementation of affairs. <Newly Inserted on May 14, 2014; Jan. 27, 2016; Jul. 26, 2017> |
| (4) | The Minister of the Interior and Safety may request the head of a relevant central administrative agency and the heads of local governments to provide data necessary to construct an integrated disaster map management and connection system. Upon receipt of such request, the head of a relevant central administrative agency and the heads of local governments shall comply therewith, except in extenuating circumstances. <Newly Inserted on May 14, 2014; Jan. 27, 2016; Jul. 26, 2017> |
| (5) | Detailed matters concerning the preparation, preservation and use of disaster maps prescribed in paragraph (1) and flood maps prescribed in paragraph (2), and the places and methods of marking, and the maintenance and management, of the traces of flooding, and detailed matters concerning the standardization of an integrated disaster map management and connection system under paragraph (3), the integration and management of various maps related to disasters, and the classification by types of disaster maps shall be prescribed by Presidential Decree. <Amended on Mar. 7, 2011; May 14, 2014> |
[Title Amended on Jan. 3, 2007]
| Article 21-2 (Recording and Preservation of Disaster Situations) |
| (1) | Where a natural disaster occurs in scale corresponding to larger than the scale prescribed by Ordinance of the Ministry of the Interior and Safety, the head of a local government shall prepare and keep the detailed records on the disaster situation, including the current status of disaster occurrence, the prevention of disasters, countermeasures, and emergency measures. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The Minister of the Interior and Safety or the head of a local government may collect visual spatial data on damage-hit places or conduct aerial photogrammetry, where it is deemed necessary to investigate or analyze the causes of damage and conduct recovery projects. <Amended on Aug. 6, 2013; Jan. 27, 2016; Jul. 26, 2017> |
| (3) | If deemed necessary, the Minister of the Interior and Safety may grant subsidies to cover all or part of the expenses incurred in aerial photogrammetry conducted by the head of a local government under paragraph (2). <Amended on Aug. 6, 2013; Jan. 27, 2016; Jul. 26, 2017> |
| (4) | Matters necessary for preparing records on disaster situations, and keeping and utilizing such records under paragraph (1) or necessary matters concerning the regions, methods and timing of aerial photogrammetry under paragraph (2) 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) | The Minister of the Interior and Safety shall compile records on natural disasters under paragraph (1) as at the end of each year and publish a year book about disasters. <Newly Inserted on Feb. 22, 2012; Aug. 6, 2013; Jan. 27, 2016; Jul. 26, 2017> |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 21-3 (Utilization of Information on Disasters including Flood Maps) |
The Minister of the Interior and Safety or the heads of the relevant administrative agencies shall utilize disaster maps including flood maps prescribed in Article 21 and records on disaster situations, visual spatial data, or aerial photogrammetry data, etc. referred to in Article 21-2, where they conduct the following: <Amended on Oct. 22, 2012; May 14, 2014; Jan. 27, 2016; Mar. 21, 2017; Jul. 26, 2017; Oct. 24, 2017> | 1. | Consultations on disaster impact assessment, etc. under Article 4; |
| 2. | Designation of areas zoned to manage natural disaster risks under Article 12; |
| 3. | Formulation of plans to upgrade areas zoned to manage natural disaster risks under Article 13; |
| 4. | Formulation of project plans to upgrade areas zoned to manage natural disaster risks under Article 14; |
| 5. | Formulation of comprehensive plans to mitigate natural disasters under Article 16; |
| 6. | Formulation of runoff reduction measures under Article 19; |
| 7. | Formulation of an independent recovery plan under Article 46 (1) or a disaster recovery plan under Article 46 (2); |
| 8. | Formulation of a comprehensive recovery plan by district unit under Article 46-3; |
| 11. | Other matters prescribed by Presidential Decree for which the use of disaster information, such as flood maps, is necessary. |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 22 (Cooperation from Flood Control Stations) |
The heads of flood control stations shall cooperate with the Minister of the Interior and Safety and the heads of local governments on matters concerning flood forecast and alerts, observation of various floodgates, information on floodgates, etc. <Amended on Aug. 6, 2013; Jan. 27, 2016; Jul. 26, 2017>
[This Article Wholly Amended on Mar. 7, 2011]
| Article 23 Deleted. <Mar. 28, 2008> |
| Article 24 Deleted. <Mar. 28, 2008> |
| Article 25 Deleted. <Mar. 28, 2008> |
| Article 25-2 (Investigation and Study for Reduction of Damage Caused by Tidal Waves) |
| (1) | The Minister of the Interior and Safety, the heads of local governments, and the heads of the relevant central administrative agencies shall conduct an investigation and study necessary for mitigating damage caused by tidal waves. <Amended on Aug. 6, 2013; Jan. 27, 2016; Jul. 26, 2017> |
| (2) | The Minister of the Interior and Safety, the heads of local governments, and the heads of the relevant central administrative agencies may request the heads of relevant agencies who keep tidal wave-related data or the heads of weather observation research institutes to provide cooperation for an investigation and study for the reduction of damage caused by tidal waves. Upon receipt of such request, the heads of relevant agencies and the heads of weather observation research institutes shall comply therewith, except in extenuating circumstances. <Amended on Aug. 6, 2013; Jan. 27, 2016; Jul. 26, 2017> |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 25-3 (Designation of Areas Vulnerable to Tidal Wave) |
| (1) | The head of a Si/Gun/Gu shall designate and publicly notify the following areas likely to suffer from damage such as flooding caused by tidal waves, as areas vulnerable to tidal waves, and shall report the results of such designation and public notice to the Minister of the Interior and Safety and the heads of the relevant central administrative agencies, after reporting to the competent Mayor/Do Governor: Provided, That the Special Self-Governing City Mayor shall report such results directly to the Minister of the Interior and Safety and the heads of the relevant central administrative agencies: <Amended on Nov. 19, 2014; Mar. 21, 2017; Jul. 26, 2017> |
| 1. | An area which has suffered damage caused by storm surge; |
| 2. | An area which has suffered damage caused by tsunami; |
| 3. | An area prescribed by Presidential Decree, which is likely to suffer damage caused by tidal waves. |
| (2) | The heads of local governments may request or order the relevant agency having jurisdiction over an area vulnerable to tidal wave designated under paragraph (1) or the owner, occupant, or manager of facilities installed in the relevant area (hereafter in this Article, referred to as "interested party") to take necessary measures to check on and upgrade the area within the extent necessary to prevent any disaster, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Aug. 6, 2013; Nov. 19, 2014; Jan. 27, 2016; Jul. 26, 2017> |
| (3) | The relevant agency or interested party requested or ordered to take necessary measures to prevent any disaster pursuant to paragraph (2) shall take the necessary measures and notify the heads of local governments of the results thereof. <Amended on Aug. 6, 2013; Jan. 27, 2016> |
| (4) | The heads of local governments may take measures under paragraph (2) ex officio for areas vulnerable to tidal waves prescribed by Presidential Decree, including areas which have suffered damage caused by tidal waves, or may provide the owners of such areas with subsidy to cover part of the expenses incurred in taking such measures. <Amended on Aug. 6, 2013; Jan. 27, 2016> |
| (5) | Where the danger of damage caused by tidal wave is defused after the upgrade projects, etc. are undertaken, the head of a Si/Gun/Gu shall cancel the designation of the area vulnerable to tidal wave after gathering opinions from experts in the relevant field and publicly notify the result thereof. |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 25-4 (Formulation and Implementation of Plans to Mitigate Damage from Tidal Waves) |
| (1) | The head of a Si/Gun/Gu shall formulate plans to mitigate damage from tidal waves for areas vulnerable to tidal waves, which are designated and publicly notified under Article 25-3 (1), and shall submit such plans to the Mayor/Do Governor (or the Special Self-Governing City Mayor shall submit them to the Minister of the Interior and Safety). <Amended on Mar. 21, 2017; Jul. 26, 2017> |
| (2) | A Mayor/Do Governor, upon receipt of plans to mitigate damage from tidal waves, shall submit them to the Minister of the Interior and Safety, and the Minister of the Interior and Safety may, if deemed necessary, request the Mayor/Do Governor to supplement such plans. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Plans to mitigate damage from tidal waves under paragraph (1) shall include the following matters: |
| 1. | The principal directions to mitigate damage from tidal waves; |
| 2. | Current status on the designations of areas vulnerable to tidal waves; |
| 3. | Preventive plans or investment plans to upgrade areas vulnerable to tidal waves; |
| 4. | Emergency plans to prepare for tidal waves under Article 37 (2); |
| 5. | Other matters prescribed by Presidential Decree, which are related to the reduction of damage from tidal waves. |
| (4) | The head of a Si/Gun/Gu shall, where he or she formulates plans to mitigate damage from tidal waves pursuant to paragraph (1), comprehensively take into account comprehensive plans to mitigate natural disasters, development plans, etc. in the relevant areas. <Amended on Oct. 24, 2017> |
| (5) | The head of a Si/Gun/Gu may include plans to mitigate damage from tidal waves in upgrade plans and projects plans and implement such plans, if deemed necessary to efficiently implement plans to mitigate damage from tidal waves under paragraph (1). |
| (6) | The provisions of paragraphs (1) and (2) shall apply mutatis mutandis where plans to mitigate damage from tidal waves under paragraph (1) are revised. |
| (7) | Except as otherwise provided for in paragraphs (1) through (6), matters necessary for the formulation and implementation of plans to mitigate damage from tidal waves shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 26 (Measures to Prevent and Mitigate Snow Damage) |
| (1) | The head of a disaster management agency shall investigate and research the measures to prevent snow damage in preparation for the occurrence of the aforesaid damage, and shall take measures to mitigate any disaster arising from such damage. |
| (2) | The head of a disaster management agency shall take the following measures to prevent and mitigate snow damage: <Amended on May 14, 2014> |
| 1. | The reform of organizations for the prevention of snow damage; |
| 2. | Measures to remove snow on roads and to ensure the smooth traffic in areas; |
| 3. | Measures to stockpile and manage supplies and materials, and to secure equipment necessary to prepare for any snow damage; |
| 4. | The designation and management of vulnerable areas, including areas which are likely to suffer isolation, avalanche and traffic disruption; |
| 5. | The designation and management of control areas leading to mountain trails in mountainous areas; |
| 6. | Education, training, and public relations for the people about the measures to prevent and mitigate snow damage; |
| 7. | Measures to mitigate snow damage in farm and fishery facilities; |
| 8. | Preparation of eco-friendly snow removal measures; |
| 9. | Other measures necessary to prevent and mitigate snow damage. |
| (3) | The head of a disaster management agency may request the heads of other disaster management agencies to provide cooperation, where it is necessary for measures to prevent and mitigate snow damage under paragraph (2). Upon receipt of such request, the heads of disaster management agencies shall comply therewith, except in extenuating circumstances. |
| (4) | The Minister of the Interior and Safety may recommend the head of a disaster management agency to implement an eco-friendly snow removal plan to minimize environmental damage. <Newly Inserted on May 14, 2014; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 26-2 (Designation of Areas prone to Snow Damage) |
| (1) | The head of a Si/Gun/Gu shall designate and publicly notify areas that have often suffered or are likely to suffer damage caused by heavy snow, such as isolation, avalanche and traffic disruption, or damage to farming or fishery facilities, as areas prone to snow damage and shall report the results of such designation and public notice to the Minister of the Interior and Safety and the heads of the relevant central administrative agencies, after reporting them to the Mayor/Do Governor: Provided, That the Special Self-Governing City Mayor shall report such results directly to the Minister of the Interior and Safety and the heads of the relevant central administrative agencies. <Amended on Nov. 19, 2014; Mar. 21, 2017; Jul. 26, 2017> |
| (2) | The head of a Si/Gun/Gu shall, where he or she intends to designate areas prone to snow damage in accordance with paragraph (1), consult with the head of the relevant agency having jurisdiction over public facilities located within such areas. Upon receipt of a request for cooperation, the heads of the relevant agencies shall comply therewith, except in extenuating circumstances. |
| (3) | The Minister of the Interior and Safety may request the head of a Si/Gun/Gu to designate and publicly notify areas that are likely to suffer snow damage as areas prone to snow damage. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (4) | Where the danger of snow damage is defused after the mid- to long-term measures, etc. taken in accordance with Article 26-3 (1) are implemented, the head of a Si/Gun/Gu shall cancel the designation of areas prone to snow damage after gathering opinions of experts, etc. in the relevant field and publicly notify the result thereof. |
| (5) | Detailed matters concerning the requirements and procedures for the designation of areas prone to snow damage under paragraphs (1) and (4), the revocation thereof and the methods of managing such areas shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 26-3 (Mid- to Long-Term Measures to Mitigate Snow Damage in Areas prone to Snow Damage) |
| (1) | With regard to areas prone to snow damage under Article 26-2 (1), the head of a Si/Gun/Gu or the head of the relevant agency having jurisdiction over public facilities located within the relevant area shall formulate and implement mid- to long-term measures to prevent and mitigate snow damage, such as the establishment of facilities to mitigate such damage. |
| (2) | Procedures for the formulation of mid- to long-term measures under paragraph (1), matters to be included in mid- to long-term measures and other necessary matters concerning the formulation of mid- to long-term measures shall be prescribed by Presidential Decree. |
| (3) | Where the management authority of public facilities in areas prone to snow damage under paragraph (1) formulates mid- to long-term measures, it shall consult with the head of the competent Si/Gun/Gu. In such cases, the head of the relevant Si/Gun/Gu may request such management authority to supplement the measures, and upon receipt of such request, the management authority shall comply therewith, except in extenuating circumstances. |
| (4) | The head of a Si/Gun/Gu may, if necessary, inspect the status of the formulation and implementation of mid- to long-term measures under paragraph (1). |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 26-4 (Establishment of Standards for Snow-Resistance Designs) |
| (1) | The heads of relevant central administrative agencies shall establish standards for snow-resistance designs in the relevant statutes and regulations, etc. for facilities prescribed by Presidential Decree, among the following facilities likely to suffer a disaster caused by heavy snow, and supervise compliance with such standards: <Amended on Act No.10599, Apr. 14, 2011; Jan. 6, 2016; Mar. 29, 2016> |
| 7. | Outdoor advertisements under the Act on the Management of Outdoor Advertisement, etc. and Promotion of Outdoor Advertisement Industry; |
| 13. | Other facilities prescribed by Presidential Decree. |
| (2) | Where the heads of relevant central administrative agencies establish the standards for snow-resistance designs under paragraph (1), they shall notify the Minister of the Interior and Safety thereof, and if necessary, the Minister of the Interior and Safety may request the heads of the relevant central administrative agencies to supplement such standards. <Amended on Aug. 6, 2013; Jan. 27, 2016; Jul. 26, 2017> |
| (3) | Where the heads of local governments grant permission, etc. to facilities required be equipped with snow-resistance design under paragraph (1), they shall verify matters concerning the application of standards for snow-resistance design and grant permission, etc. to such facilities, if they satisfy such standards. |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 27 (Responsibilities of Persons in Charge of Managing Buildings for Removing Snow) |
| (1) | The owners, occupants or managers of buildings who are responsible for managing the buildings (hereinafter referred to as the "building managers") shall remove snow and ice on sidewalks, back streets, pedestrian sidewalks and roofs of facilities (limited to roofs of facilities prescribed by Presidential Decree) around the buildings. <Amended on Dec. 30, 2014> |
| (2) | The specific scope of the responsibility of building managers to remove snow and ice and other necessary matters shall be prescribed by municipal ordinance of the relevant local government. |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 28 (Securing of Budget for Measures to Prevent and Mitigate Snow Damage) |
The head of a disaster management agency shall secure a budget necessary to facilitate the implementation of measures to prevent and mitigate snow damage under Article 26. [This Article Wholly Amended on Mar. 7, 2011]
| Article 29 (Research and Study for Preventing Disasters Caused by Drought) |
| (1) | The head of a disaster management agency shall conduct research and study necessary to prevent disasters caused by drought. |
| (2) | The head of a disaster management agency may request the heads of the relevant administrative agencies or the heads of weather observation research institutes to provide necessary data, such as the current status of drought, damage caused by drought, and a plan to overcome drought conditions, to conduct specialized research and study to prevent droughts. Upon receipt of requests for cooperation, the heads of relevant administrative agencies or the heads of weather observation research institutes shall comply therewith, except in extenuating circumstances. <Amended on Dec. 3, 2014> |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 30 (Restrictions on Water Supply and Electricity Generation for Overcoming Droughts) |
| (1) | The heads of the relevant central administrative agencies, the heads of local governments and persons who manage water resources (hereinafter referred to as "managers of water resources"), including the CEO of the Korea Water Resources Corporation under the Korea Water Resources Corporation Act may take such measures as restricting water supply and electricity generation in an effort to overcome disasters caused by droughts. |
| (2) | Where managers of water resources intend to take measures under paragraph (1), they shall notify the beneficiaries of water resources and electricity of details of restrictions on water supply and electricity generation in advance. |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 31 (Obligations of Managers of Water Resources) |
Where the managers of water resources receive a request from the heads of local governments to cooperate in managing water resources in order to mitigate disasters caused by drought, they shall comply with such requests, except in extenuating circumstances.
[This Article Wholly Amended on Mar. 7, 2011]
| Article 32 (Maintenance and Management of Facilities to Overcome Droughts) |
The head of a disaster management agency shall take necessary measures with regard to their duties, including the designation and management of a forest protection zone (excluding a zone to protect forest genetic resources) under the Forest Protection Act, afforestation, dredging of deposit soil, and the artificial recharge and circulation of underground water resources, in an effort to both recharge the water resources of dams, reservoirs and underground water resources, etc. and to maintain and improve the functions thereof. [This Article Wholly Amended on Mar. 7, 2011]
| Article 33 (Mid- to Long-Term Measures to Mitigate Damage in Areas Prone to Droughts) |
| (1) | The head of a Si/Gun/Gu shall designate and publicly notify areas which have often suffered or are likely to suffer damage caused by droughts as areas prone to droughts, and report the results of such designation and announcement to the Minister of the Interior and Safety and the heads of the relevant central administrative agencies, after reporting them to the Mayor/Do Governor: Provided, That the Special Self-Governing City Mayor shall report such results directly to the Minister of the Interior and Safety and the heads of the relevant central administrative agencies. <Amended on Nov. 19, 2014; Mar. 21, 2017; Jul. 26, 2017> |
| (2) | The head of a Si/Gun/Gu shall formulate and implement mid- to long- term measures to mitigate damage caused by droughts in areas prone to droughts, such as the establishment of facilities collecting rainwater. |
| (3) | The heads of the relevant central administrative agencies may grant subsidies to cover part of the expenses incurred in conducting projects for mid- to long-term measures formulated by the head of a Si/Gun/Gu. |
| (4) | Requirements and procedures for the designation of areas prone to droughts under paragraph (1) and the revocation thereof, the guidelines for managing such areas, and detailed matters concerning the formulation of mid- to long-term measures under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 33-2 (Measures to Prevent and Mitigate Damage from Heat Waves) |
| (1) | The head of a disaster management agency shall take the following measures to prevent and mitigate damage from heat waves: |
| 1. | Overhaul of organizations established for the prevention of damage from heat waves; |
| 2. | Preparation of countermeasures against heat waves by region; |
| 3. | Stockpiling and managing supplies and materials, and securing equipment necessary to prepare for heat waves; |
| 4. | Education on countermeasures against heat waves and public relations activities targeting the public; |
| 5. | Other measures necessary to prevent and mitigate damage from heat waves. |
| (2) | The head of a disaster management agency may request the heads of other disaster management agencies to provide cooperation, where he or she finds it necessary to take measures to prevent and mitigate damage from heat waves under paragraph (1). Upon receipt of such request, the heads of disaster management agencies shall comply therewith, except in extenuating circumstances. |
[This Article Newly Inserted on Jan. 29, 2020]
| Article 33-3 (Investigations and Research for Prevention of Damage from Heat Waves) |
| (1) | The head of a disaster management agency shall conduct investigations and research necessary to prevent disasters caused by heat waves. |
| (2) | The head of a disaster management agency may request the heads of relevant administrative agencies or the heads of weather observation research institutes to provide necessary data on, among other things, the current status of heat waves and damage from heat waves and a plan to prevent such damage so as to conduct specialized investigations and research designed to prevent damage from heat waves. In such cases, the heads of relevant administrative agencies or the heads of weather observation research institutes shall, upon receipt of requests for cooperation, comply therewith, except in extenuating circumstances. |
[This Article Newly Inserted on Jan. 29, 2020]
| Article 33-4 (Measures to Prevent and Mitigate Damage from Cold Waves) |
| (1) | The head of a disaster management agency shall take the following measures to prevent and mitigate damage from cold waves: |
| 1. | Overhaul of organizations established for the prevention of damage from cold waves; |
| 2. | Preparation of countermeasures against cold waves by region; |
| 3. | Stockpiling and managing materials and supplies, and securing equipment necessary to prepare for cold waves; |
| 4. | Education on countermeasures against cold waves and public relations activities targeting the public; |
| 5. | Other measures necessary to prevent and mitigate damage from cold waves. |
| (2) | The head of a disaster management agency may request the heads of other disaster management agencies to provide cooperation, where he or she finds it necessary to take measures to prevent and mitigate damage from cold waves under paragraph (1). Upon receipt of such request, the heads of disaster management agencies shall comply therewith, except in extenuating circumstances. |
[This Article Newly Inserted on Jan. 29, 2020]
| Article 33-5 (Investigation and Research for Prevention of Damage from Cold Waves) |
| (1) | The head of a disaster management agency shall conduct investigations and research necessary to prevent disasters caused by cold waves. |
| (2) | The head of a disaster management agency may request the heads of relevant administrative agencies or the heads of weather observation research institutes to provide necessary data on, among other things, the current status of cold waves, damage caused by cold waves and a plan to prevent such damage, so as to conduct specialized investigations and research designed to prevent damage from cold waves. Upon receipt of requests for cooperation, the heads of relevant administrative agencies or the heads of weather observation research institutes shall comply therewith, except in extenuating circumstances. |
[This Article Newly Inserted on Jan. 29, 2020]
CHAPTER III DISASTER INFORMATION AND EMERGENCY SUPPORT
| Article 34 (Establishment of Disaster Information System) |
| (1) | The head of a disaster management agency shall establish and operate a system of managing and using the disaster information (hereinafter referred to as the "disaster information system") necessary for natural disaster prevention, preparedness, response and recovery. |
| (2) | The head of a disaster management agency may request the heads of related disaster management agencies to provide data necessary to establish the disaster information system. Upon receipt of requests for cooperation, the heads of related disaster management agencies shall comply therewith, except in extenuating circumstances. |
| (3) | The Minister of the Interior and Safety shall establish and operate a comprehensive disaster information system for linking, sharing and interconnecting the disaster information system established by the heads of disaster management agencies under paragraph (1). <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (4) | A comprehensive disaster information system under paragraph (3) shall be established in a way that any disaster management agency may enter information about the current status of the occurrence of and recovery from natural disasters into the system in real time. <Newly Inserted on Aug. 6, 2013> |
| (5) | Where a natural disaster occurs or there is recovery therefrom, the head of a disaster management agency shall enter the current status thereof into the comprehensive disaster information system in real time. <Newly Inserted on Aug. 6, 2013> |
| (6) | Where the heads of disaster management agencies or the Minister of the Interior and Safety establish and operate the disaster information system under paragraphs (1) and (3), they shall outsource the development and operation of such information system to the private sector, except where it is impossible to outsource the relevant business to the private sector or it is deemed significantly more desirable for administrative agencies to develop and operate such system directly in terms of economic feasibility, efficiency or security. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (7) | Detailed matters concerning the scope of the establishment of the disaster information system referred to in paragraphs (1) and (3), procedures for operating, and plans to utilize such system shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 35 (Establishment of Central Emergency Support System) |
| (1) | Where any natural disaster occurs or is likely to occur, the heads of central administrative agencies shall formulate an emergency support plan concerning the following matters falling under their jurisdiction, to ensure national support is provided promptly: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Aug. 11, 2020> |
| 1. | The Ministry of Science and ICT: Matters concerning ensuring smooth communication in a disaster-affected area; |
| 2. | The Ministry of National Defense: Matters concerning providing human resources and equipment; |
| 2-2. | The Ministry of the Interior and Safety: Matters concerning the accommodation or relief of victims, the provision of urgent financial support, the gathering, analysis, and dissemination of information, etc.; |
| 3. | The Ministry of Culture, Sports and Tourism: Matters concerning public relations, etc. for recovery from disasters; |
| 4. | The Ministry of Agriculture, Food and Rural Affairs: Matters concerning support, etc. to prevent epidemics in agricultural and livestock products, etc.; |
| 5. | The Ministry of Trade, Industry and Energy: Matters concerning support, etc. for emergency energy supply and demand; |
| 6. | The Ministry of Health and Welfare: Matters concerning medical services, sanitation, etc. in the disaster-affected area; |
| 7. | The Ministry of Environment: Matters concerning emergency water supply, support for the treatment of harmful chemicals, support for the collection and treatment of wastes, etc. in a disaster-affected area; |
| 8. | The Ministry of Land, Infrastructure and Transport: Matters concerning means of emergency transport support, etc.; |
| 9. | The Ministry of Oceans and Fisheries: Matters concerning marine logistics support, etc.; |
| 10. | Deleted; <Jul. 26, 2017> |
| 11. | The Public Procurement Service: Matters concerning support of materials required for recovery; |
| 12. | The Korean National Police Agency: Matters concerning the maintenance of social order and traffic control in a disaster-affected area; |
| 12-2. | Korea Disease Control and Prevention Agency: Matters concerning support, etc. for the prevention and control of infectious diseases; |
| 13. | The Korea Coast Guard: Matters concerning various marine support, sea and river disaster relief, etc.; |
| 14. | Other matters concerning emergency support by each government office prescribed by Presidential Decree. |
| (2) | The heads of central administrative agencies referred to in each subparagraph of paragraph (1) shall establish a close cooperative system with the relevant administrative and related agencies, in preparation for natural disasters which require the relevant support, and if any disaster occurs, they shall take countermeasures against such disasters in accordance with an emergency support plan of the relevant area under paragraph (1) after consulting with the head of the Central Disaster and Safety Countermeasures Headquarters under Article 14 of the Framework Act (hereinafter referred to as “head of the Central Countermeasures Headquarters”). <Amended on Aug. 6, 2013; Jan. 27, 2016> |
| (3) | Where the heads of central administrative agencies formulate emergency support plans pursuant to paragraph (1), they shall submit such emergency support plan to the head of the Central Countermeasures Headquarters. <Amended on Aug. 6, 2013> |
| (4) | Where the head of the Central Countermeasures Headquarters deems it necessary to supplement the emergency support plans formulated by the heads of central administrative agencies, he or she may request the heads of the relevant central administrative agencies to supplement such plans. Upon receipt of such request, the heads of the relevant central administrative agencies shall comply therewith, except in extenuating circumstances. <Amended on Aug. 6, 2013> |
| (5) | Where any disaster which requires emergency support occurs or is likely to occur, the head of the Central Countermeasures Headquarters may organize a supporting team in collaboration with the relevant central administrative agencies and dispatch such team to the site of disasters, as prescribed by Presidential Decree. <Amended on Aug. 6, 2013> |
| (6) | The head of the Central Countermeasures Headquarters may formulate and distribute guidelines for establishing the emergency support system, check countermeasures taken by the relevant central administrative agencies in accordance with emergency support plans, evaluate emergency support plans, award prizes, and take other necessary measures, in an effort to efficiently establish and operate the central emergency support system under paragraph (1). <Amended on Aug. 6, 2013> |
| (7) | Except as otherwise provided for in paragraphs (1) through (6), matters necessary to establish the emergency support system in preparation for disasters by each central administrative agency shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 36 (Establishment of Regional Emergency Support System) |
Where any disaster occurs or is likely to occur, the head of the relevant local government and the heads of disaster management agencies having full or partial jurisdiction over the relevant City/Do and Si/Gun/Gu shall formulate emergency support plans for affairs falling under their jurisdictions, as prescribed by Presidential Decree, so as to swiftly operate the support system in accordance with supporting functions by each affair. <Amended on Jan. 27, 2016>
[This Article Wholly Amended on Mar. 7, 2011]
| Article 37 (Formulation of Emergency Plans for Various Facilities) |
| (1) | The management authority of facilities or areas shall formulate emergency plans to mitigate damage to multiple-use facilities or coastal areas, over which typhoon, earthquake, tsunami, or other natural phenomena are likely to cause heavy casualties and property damage. <Amended on Dec. 10, 2019> |
| (2) | The kinds, scales, etc. of facilities or areas, for which an emergency plan is required to be formulated under paragraph (1), shall be prescribed by Presidential Decree, among the following facilities or areas: Provided, That where special provisions concerning the formulation of emergency plans exist in other statutes and regulations, such plans may be formulated under the relevant statutes and regulations: <Amended on Feb. 22, 2012; Oct. 22, 2012; Aug. 6, 2013; Jan. 27, 2016> |
| 1. | Facilities which require earthquake-proof design; |
| 2. | Facilities feared to suffer damage caused by tidal waves, river inundation, heavy rainfall, typhoon, etc; |
| 3. | Deleted; <Dec. 10, 2019> |
| 4. | Areas deemed necessary by the head of the relevant local government to formulate emergency plans for, among areas zoned to manage natural disaster risks. |
| (3) | The Minister of the Interior and Safety may prepare and distribute guidelines for formulating emergency plans referred to in paragraph (1) in order to support the formulation of emergency plans efficiently. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (4) | Procedures for formulating emergency plans, matters to be included in emergency plans and other necessary matters to formulate such plans shall be prescribed by Presidential Decree. |
| (5) | Where the management authority of facilities or areas referred to in paragraph (1) formulates an emergency plan, it shall in advance consult with the head of the relevant local government having jurisdiction over such facilities or areas. In such cases, the head of the relevant local government may request the management authority to supplement the emergency plan, and the management authority in receipt of such request shall comply therewith, except in extenuating circumstances. <Amended on Aug. 6, 2013; Jan. 27, 2016> |
| (6) | If deemed necessary, the head of a local government may examine the status on the formulation of an emergency plan referred to in paragraphs (1) and (2). <Amended on Aug. 6, 2013; Jan. 27, 2016> |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 38 (Performance of Duties concerning Disaster Prevention and Management by Proxy) |
| (1) | Any person who performs the following duties (hereinafter referred to as “affairs concerning disaster prevention and management”) may require a person who formulates measures to prevent and manage disasters by proxy (hereinafter referred to as "proxy") to conduct affairs requiring expertise, such as a basic survey, feasibility study, analysis, a basic design, and working design, on his or her behalf: <Amended on Aug. 6, 2013; Act No 13924, Jan. 27, 2016; Oct. 24, 2017; Jan. 29, 2020> |
| 1. | Consultations on disaster impact assessment, etc. under Article 4; |
| 2. | Formulation of upgrade plans, project plans, and implementation plans under Articles 13, 14, and 14-2; |
| 2-2. | Analysis and evaluation of upgrade projects under Article 15-2; |
| 3. | Formulation of comprehensive plans to mitigate natural disasters under Article 16; |
| 4. | Formulation of runoff reduction measures under Article 19; |
| 4-2. | Formulation of project plans for runoff reduction facilities and implementation plans for projects for runoff reduction facilities under Articles 19-2 and 19-3; |
| 5. | Formulation of emergency plans under Article 37; |
| 6. | Evaluation of damage recovery projects under Article 57; |
| 7. | Other affairs concerning measures for disaster prevention and management prescribed by Presidential Decree. |
| (2) | A person who intends to conduct affairs concerning disaster prevention and management by proxy under paragraph (1) shall satisfy requirements prescribed by Presidential Decree, including technical human resources, and register with the Minister of the Interior and Safety, as prescribed by Ordinance of the Ministry of the Interior and Safety. The same shall also apply to amendments to important matters prescribed by Presidential Decree, from among registered matters. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jan. 27, 2016; Jul. 26, 2017> |
| (3) | Matters necessary for procedures, methods etc. of selection of proxy shall be prescribed by Presidential Decree. <Newly Inserted on Jan. 27, 2016> |
[This Article Wholly Amended on Mar. 7, 2011]
[Title Amended on Aug. 6, 2013]
| Article 38-2 (Standards for Calculating Expenses Incurred in Conducting Affairs concerning Disaster Prevention and Management by Proxy) |
| (1) | The Minister of the Interior and Safety shall determine and publicly notify the standards for calculating expenses incurred in conducting affairs concerning disaster prevention and management by proxy. <Amended on Nov. 19, 2014; Jan. 27, 2016; Jul. 26, 2017> |
| (2) | Any person who intends to have a person conduct affairs concerning disaster prevention and management by proxy under Article 38 (1) shall reflect the standards for calculating expenses, etc. incurred in conducting such affairs under paragraph (1). <Newly Inserted on Jan. 27, 2016> |
[This Article Wholly Amended on Mar. 7, 2011]
[Title Amended on Jan. 27, 2016]
| Article 39 (Grounds for Disqualification of Proxy Registration) |
None of the following persons may be registered as a proxy: <Amended on Jan. 27, 2016>
| 1. | A person under adult guardianship or a person under limited guardianship; |
| 2. | Deleted; <Jan. 27, 2016> |
| 3. | A person in whose case two years have not yet passed since a sentence of imprisonment with labor or a heavier punishment issued to him or her for violating this Act was completely executed or finally and conclusively exempted; |
| 4. | A corporation that has an executive officer falling under any of subparagraphs 1 through 3. |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 40 (Matters to be Observed by Proxy) |
| (1) | Where a proxy conducts affairs concerning disaster prevention and management by proxy, he or she shall observe the following matters: <Amended on Aug. 6, 2013; Jan. 27, 2016; Jul. 26, 2017> |
| 1. | He or she shall not reproduce the details of other affairs concerning disaster prevention and management he or she has conducted on behalf of another person; |
| 2. | He or she shall keep the details of affairs concerning disaster prevention and management, as prescribed by Ordinance of the Ministry of the Interior and Safety; |
| 3. | He or she shall not prepare false data which become the basis for conducting affairs concerning disaster prevention and management. |
| (2) | No proxy shall lend his or her registration certificate or his or her name to another person or subcontract all of his or her business of disaster prevention and management entrusted to him or her to another person. <Amended on Aug. 6, 2013; Jan. 27, 2016> |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 41 (Suspension or Discontinuation of Business) |
| (1) | Where a proxy intends to suspend or discontinue all or part of his or her business or to resume his or her suspended business, he or she shall make a report thereon to the Minister of the Interior and Safety, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Jan. 29, 2020> |
| (2) | The Minister of the Interior and Safety shall notify the reporting person of whether the report has been accepted within 10 days of the receipt of a report on resumption of business suspended under paragraph (1). <Newly Inserted on Oct. 29, 2020> |
| (3) | Where the Minister of the Interior and Safety fails to notify the reporting person of whether to accept such report or the extension of handling period pursuant to the statutes or regulations related to civil petition handling within the period prescribed in paragraph (2), the report shall be deemed accepted on the date immediately following the end of such period (referring to the relevant extended handling period in cases where the handling period has been extended or re-extended under the statutes or regulations related to civil petition handling). <Newly Inserted on Jan. 29, 2020> |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 41-2 (Inspection of Status of Proxies) |
| (1) | The Minister of the Interior and Safety may verify and inspect the status of affairs a proxy conducts for a third person, such as whether he or she meets criteria for registration as a proxy and whether he or she complies with matters to be observed. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The Minister of the Interior and Safety may request a proxy and a person who entrusts a proxy with affairs concerning disaster prevention and management to submit data necessary to inspect the status under paragraph (1). Upon receipt of such request, a person shall comply therewith, except in extenuating circumstances. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Matters necessary for inspection methods and subject matters under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Aug. 6, 2013]
| Article 42 (Revocation of Proxy Registration) |
| (1) | Where any proxy falls under any of the following cases, the Minister of the Interior and Safety may revoke his or her registration or order him or her to fully or partially suspend his or her business for a fixed period of not more than six months: Provided, That, where he or she falls under any of subparagraphs 1 through 4, his or her registration shall be revoked: <Amended on Aug. 6, 2013; Nov. 19, 2014; Jan. 27, 2016; Jul. 26, 2017; Dec. 31, 2018> |
| 1. | Where he or she falls under any subparagraph of Article 39: Provided, That the same shall not apply where an executive officer of a corporation falls under a ground for disqualification prescribed in subparagraph 1 or 3 of Article 39 and another executive officer is appointed replacing such person within six months; |
| 2. | Where he or she has his or her business registered by fraud or other improper means; |
| 3. | Where he or she commits an act that constitutes a reason for suspension of his or her business after being subjected to suspension of his or her business twice during the recent one year; |
| 4. | Where a proxy reports business closure to the head of the competent tax office under the former part of Article 8 (7) of the Value-Added Tax Act, or the head of the competent tax office revokes the business registration of a proxy under paragraph (8) of the same Article; |
| 5. | Where he or she lends his or her registration certificate or his or her name to another person or subcontracts all of his or her affairs concerning disaster prevention and management; |
| 6. | Where he or she fails to meet the registration requirements provided for in Article 38 (2); |
| 7. | Where he or she resumes his or her business which has been suspended in violation of Article 41 without reporting; |
| 8. | Where he or she prepares false or insufficient measures to prevent and manage disasters, etc. on purpose or by gross negligence; |
| 9. | Where he or she fails to begin with affairs concerning disaster prevention and management by proxy within two years after he or she has registered as a proxy or has no actual result of conducting affairs concerning disaster prevention and management by proxy for at least two consecutive years; |
| 10. | Where he or she violates this Act or any order issued under this Act. |
| (2) | Standards for taking the administrative disposition referred to in paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Mar. 7, 2011]
Where the Minister of the Interior and Safety intends to revoke registration pursuant to Article 42 (1) (excluding subparagraph 4 of the same paragraph), he or she shall hold a hearing thereabout. <Amended on Nov. 19, 2014; Jan. 27, 2016; Jul. 26, 2017> [This Article Wholly Amended on Mar. 7, 2011]
| Article 44 (Continuation of Business of Proxy Whose Registration is Revoked or Business is Suspended) |
| (1) | Any person subjected to revocation of his or her registration or suspension of his or her business pursuant to Article 42 may continue to conduct only affairs by proxy under the contract for conducting affairs concerning disaster prevention and management as a proxy he or she entered into prior to such revocation and suspension. <Amended on Aug. 6, 2013> |
| (2) | Any person who continues to conduct affairs concerning disaster prevention and management by proxy pursuant to paragraph (1) shall be deemed a proxy under this Act until he or she completes affairs by proxy. <Amended on Aug. 6, 2013> |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 44-2 (Establishment of Information System for Disaster Prevention and Management) |
| (1) | The Minister of the Interior and Safety may establish and operate an information system for disaster prevention and management containing the following information (hereinafter referred to as "information system") to ensure data and information about affairs concerning disaster prevention and management may be managed and used efficiently: <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Matters concerning the current status of each proxy; |
| 2. | Matters concerning the results of contracts each proxy has been awarded and the results of tenders each proxy has submitted; |
| 3. | Matters concerning the current status of technical personnel each proxy possesses; |
| 4. | Other information about each proxy prescribed by Presidential Decree. |
| (2) | The Minister of the Interior and Safety may request the heads of central administrative agencies, the heads of local governments, or the heads of related institutions or organizations to submit data or information (including electronically processed data or information; hereinafter the same shall apply) necessary to establish and operate an information system. Upon receipt of such request, the heads of agencies, institutions, or organizations shall comply therewith, except in extenuating circumstances. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Where necessary to establish and operate an information system, the Minister of the Interior and Safety may require users to bear expenses or fees, as prescribed by Presidential Decree. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (4) | Where the Minister of the Interior and Safety establishes and operates an information system, he or she shall do so in connection with a comprehensive plan for intelligence informatization of society under Article 6 of the Framework Act on Intelligence Informatization and an implementation plan for intelligence informatization of society under Article 7 of the Act. <Amended on Nov. 19, 2014; Jul. 26, 2017; Jun. 9, 2020> |
| (5) | Except as otherwise provided for in paragraphs (1) through (4), matters necessary to establish and operate an information system shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Aug. 6, 2013]
| Article 45 (Preparation and Utilization of Action Guidelines by Disaster Type) |
| (1) | The head of a disaster management agency shall prepare and utilize action guidelines to cope with and manage disasters by type, which are suitable to the conditions of agencies and areas, in preparation for the occurrence of natural disasters. |
| (2) | The Minister of the Interior and Safety may evaluate the action guidelines by disaster type, which have been prepared by the heads of disaster management agencies. <Amended on Aug. 6, 2013; Jan. 27, 2016; Jul. 26, 2017> |
| (3) | Details to be included in action guidelines by disaster type shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 7, 2011]
CHAPTER IV DISASTER RECOVERY
| Article 46 (Formulation and Implementation of Disaster Recovery Plans) |
| (1) | The head of a disaster management agency shall, where any natural disaster related to their competent duties or facilities occurs, promptly formulate and implement an independent recovery plan, except as otherwise provided for in this Act, other statutes, or regulations. <Amended on Feb. 22, 2012> |
| (2) | The head of the Central Countermeasures Headquarters shall formulate a disaster recovery plan for natural disasters, the damage amount of which is not less than the amount prescribed by Presidential Decree, based on an independent recovery plan under paragraph (1) and a comprehensive zonal recovery plan under Article 46-3 (1), shall determine the plan after undergoing deliberation thereon at a meeting of the Central Headquarters of Safety and Countermeasures Against Disasters under Article 14 (3) of the Framework Act, and shall notify the head of the relevant disaster management agency of such plan, as prescribed by Presidential Decree. <Amended on Feb. 22, 2012; Aug. 6, 2013; Mar. 21, 2017> |
| (3) | The head of a local government shall include expenses necessary for disaster recovery in the budget of the local government without delay, where he or she is notified of a disaster recovery plan under paragraph (2). |
| (4) | Upon receipt of a disaster recovery plan confirmed pursuant to paragraph (2), the head of the disaster management agency shall implement the plan, except for the projects specified in Article 49-2. <Newly Inserted on Feb. 22, 2012> |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 46-2 (Disaster Register) |
| (1) | The head of a local government and the head of a relevant administrative agency shall each record the damage inflicted on facilities, properties, etc. under his or her jurisdiction in a disaster register and keep it. |
| (2) | Matters necessary for preparing, keeping, and managing disaster registers shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 46-3 (Formulation of Comprehensive Zonal Recovery Plans) |
| (1) | The head of the Central Countermeasures Headquarters may formulate a comprehensive zonal recovery plan for any of the following areas (hereinafter referred to as "comprehensive zonal recovery plan") where facilities managed by a local government have been damaged by a natural disaster, after seeking opinions from the local government: <Amended on Aug. 6, 2013> |
| 1. | An area where roads, rivers, and other facilities have been complexly damaged and thus requires combined measures for recovery, rather than separate measures for each facility; |
| 2. | An area where a river flow has changed as a consequence of a landslide or avalanche of earth and rocks and thus requires measures for recovery from the root cause; |
| 3. | An area where it is deemed its recovery project requires swift support at the State level including professional personnel and technical skills; |
| 4. | An area where it is deemed necessary to take a holistic approach for prevention and readjustment in the damaged area, rather than focusing on recovery of individual functions, to prevent the recurrence of damage; |
| 5. | An area specified by Presidential Decree, where fundamental recovery and prevention of natural disasters are required, except areas referred to in subparagraphs 1 through 4. |
| (2) | The head of Local Disasters and Safety Countermeasures Headquarters under Article 16 of the Framework Act (hereinafter referred to as “head of Local Countermeasures Headquarters”) may investigate the current status, etc. of an area afflicted with a natural disaster before a central joint investigation team is organized pursuant to Article 47 and may request the head of the Central Countermeasures Headquarters to formulate a comprehensive zonal recovery plan therefor. <Amended on Aug. 6, 2013; Jan. 27, 2016> |
[This Article Newly Inserted on Feb. 22, 2012]
| Article 47 (Central Joint Investigation Team) |
| (1) | If deemed necessary, the head of the Central Countermeasures Headquarters shall organize a central joint investigation team in collaboration with relevant central administrative agencies (hereinafter referred to as "investigation team") to investigate the status of natural disasters and formulate and finalize disaster recovery plans under Article 46 (2). <Amended on Feb. 22, 2012; Aug. 6, 2013; Mar. 21, 2017> |
| (2) | The head of the Central Countermeasures Headquarters may request the heads of relevant central administrative agencies to dispatch public officials under their jurisdictions to the Central Countermeasures Headquarters in order to organize an investigation team. Upon receipt of such request, the heads of the relevant central administrative agencies shall comply therewith, except in extenuating circumstances. <Amended on Aug. 6, 2013> |
| (3) | Upon receipt of a request for dispatch of public officials under their jurisdictions under paragraph (2), the heads of relevant central administrative agencies shall preferentially select and dispatch public officials who have completed education programs under Article 48 (2) to the Central Headquarters. |
| (4) | Detailed matters necessary for the organization and operation of an investigation team shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 48 (Training of Public Officials in Charge of Investigating Disasters) |
| (1) | The head of the Central Countermeasures Headquarters and the heads of the relevant administrative agencies shall train public officials in charge of investigating disasters to ensure professionalism of disaster investigation. <Amended on Aug. 6, 2013> |
| (2) | The head of the Central Countermeasures Headquarters shall order public officials in charge of investigating disasters to complete education programs under Article 65 for the training of public officials in charge of disaster investigation under paragraph (1) and take other necessary measures, in consultation with the heads of the relevant central administrative agencies. <Amended on Aug. 6, 2013> |
| (3) | Except as otherwise provided for in paragraphs (1) and (2), matters necessary for the training of public officials in charge of investigating disasters 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 Mar. 7, 2011]
| Article 49 (Preparation and Public Announcement of Plans to Implement Disaster Recovery Projects) |
| (1) | If an administrative authority implementing projects in accordance with an independent recovery plan under Article 46 (1) or a disaster recovery plan pursuant to Article 46 (2) (hereinafter referred to as "disaster recovery project") needs permission, authorization, etc. under relevant statutes and regulations specified in Article 14-2 (2), it shall formulate an implementation plan for each project, and obtain authorization therefor from the head of the competent Local Countermeasures Headquarters (or the head of the Central Countermeasures Headquarters, if the administrative authority implementing disaster recovery projects is the Minister of the Interior and Safety or the head of a related central administrative agency) and publicly announce the plan, and make design documents available to the general public for inspection. <Amended on Feb. 22, 2012; Oct. 22, 2012; Aug. 6, 2013; Nov. 19, 2014; Mar. 21, 2017; Jul. 26, 2017> |
| (2) | Where an administrative authority implementing disaster recovery projects intends to formulate and publicly announce an implementation plan for a disaster recovery project pursuant to paragraph (1), it shall in advance consult with related agencies on the matters specified in each subparagraph of Article 14-2 (2). <Amended on Oct. 22, 2012> |
| (3) | Upon receipt of a request for consultation from agencies implementing disaster recovery projects under paragraph (2), the heads of the relevant agencies shall reply with details on consultations within 15 days after receiving such request. |
| (4) | Where an implementation plan for a disaster recovery project is publicly announced with authorization granted pursuant to paragraphs (1) through (3), it shall be deemed that such implementation plan is publicly notified or announced with permission, authorization, and approval granted, a decision made, designation, consultation, reporting completed pursuant to Article 14-2 (2). <Amended on Oct. 22, 2012> |
| (5) | Except as otherwise provided for in paragraphs (1) through (4), matters necessary to prepare and publicly announce plans to implement disaster recovery projects shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 49-2 (Implementation of Large-Scale Disaster Recovery Projects and Comprehensive Zonal Recovery Projects) |
| (1) | If a project included in a disaster recovery plan under the jurisdiction of a local government pursuant to Article 46 (2) is in a large scale or requires expertise and technical skills, the Minister of the Interior and Safety or the head of a related central administrative agency may directly implement such project. <Amended on Nov. 19, 2014; Mar. 21, 2017; Jul. 26, 2017> |
| (2) | If a disaster recovery project implemented pursuant to a comprehensive zonal recovery plan (hereinafter referred to as "comprehensive zonal recovery project") requires elimination of the root cause of natural disasters or requires the State to provide expertise and technical skills, the head of a related central administrative agency may directly implement such project, and if a comprehensive zonal recovery project is not smaller than the specified scale, the Minister of the Interior and Safety may directly implement such project. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Matters necessary for targets of a large-scale disaster recovery project or a comprehensive zonal recovery project to be implemented directly by the Minister of the Interior and Safety or the head of a related central administrative agency pursuant to paragraph (1) or (2), the scale of such project, and the procedure for the implementation of such project shall be prescribed by Presidential Decree. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Feb. 22, 2012]
| Article 50 (Methods of Placing Order and Entering into Contract for Recovery Work) |
| (1) | If deemed necessary to swiftly recover any area hit by any natural disaster, the head of the relevant central administration agency or the head of any local government may place an order and enter into a contract for a lump sum bid, as prescribed by Presidential Decree. |
| (2) | "Lump sum bid" referred to in paragraph (1) means the design and construction work bidding which requires bidders to prepare the designs of the construction work as well as drawings and documents that are all needed to undertake the construction work and submit them, along with their sealed proposals, according to guidelines established by the agency undertaking the disaster recovery work. |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 51 Deleted. <Jan. 17, 2017> |
| Article 52 (Settlement of Recovery Budget) |
| (2) | Where the head of the Central Countermeasures Headquarters intends to grant approval under paragraph (1), he or she shall consult with the Minister of Strategy and Finance in advance. <Amended on Aug. 6, 2013> |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 53 (Preferential Supply of Materials for Recovery) |
| (1) | The heads of the relevant central administrative agencies and the heads of local governments shall procure and supply various materials necessary for disaster recovery projects in preference to other projects. |
| (2) | The head of the Central Countermeasures Headquarters and the head of the Local Countermeasures Headquarters may request the heads of the relevant administrative agencies to take measures necessary for supply and demand of materials for disaster recovery. Upon receipt of such request, the heads of the relevant administrative agencies shall comply therewith, except in extenuating circumstances. <Amended on Aug. 6, 2013> |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 54 Deleted. <Jan. 17, 2017> |
| Article 55 (Management of Recovery Projects) |
| (1) | The head of the Central Countermeasures Headquarters and the head of each City/Do Disaster and Safety Countermeasures Headquarters under Article 16 of the Framework Act (hereinafter referred to as “head of each City/Do Headquarters”) may give instructions and inspections on disaster recovery projects, administer such project, and if necessary, may issue an order for rectification or make a request for rectification (including an order for rectification or a request for rectification at the scene) to ensure that disaster recovery projects are efficiently implemented. Upon receipt of an order for rectification or a request for rectification, the head of the relevant agency shall comply therewith, except in extenuating circumstances. <Amended on Feb. 22, 2012; Aug. 6, 2013; Jan. 27, 2016> |
| (2) | Where the head of Local Countermeasures Headquarters implements a disaster recovery project in a scale equivalent to or greater than the scale prescribed by Presidential Decree, he or she shall undergo prior deliberation by the head of the Central Countermeasures Headquarters or the head of the competent City/Do Headquarters before working design is completed (including where working design is revised according to an amendment to the relevant project plan). <Amended on Feb. 22, 2012; Aug. 6, 2013> |
| (3) | The head of the Central Countermeasures Headquarters and the heads of the City/Do Headquarters may respectively organize and operate a committee for prior deliberation under paragraph (2), and matters necessary for the organization and operation of the committee may be prescribed by Ordinance of the Ministry of the Interior and Safety or municipal ordinance of the relevant local government. <Amended on Mar. 23, 2013; Aug. 6, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (4) | Matters necessary for the scope of, and the standards and procedure for, projects subject to prior deliberation under paragraph (2), and follow-up management of such projects, amendments to project plans, etc. shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Feb. 22, 2012; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (5) | Where the head of a disaster management agency implements a disaster recovery project, he or she shall notify the head of the Central Countermeasures Headquarters or the head of the competent City/Do Headquarters of the current status of implementation of the project, as prescribed by Presidential Decree. <Amended on Feb. 22, 2012; Aug. 6, 2013> |
| (6) | The head of the relevant central administrative agency shall inspect any disaster recovery project implemented by any agency under his or her jurisdiction and notify the head of the Central Countermeasures Headquarters of the results thereof, as prescribed by Presidential Decree. <Amended on Aug. 6, 2013> |
| (7) | The head of the City/Do Headquarters shall inspect any disaster recovery project implemented by the head of a Si/Gun/Gu and notify the head of the Central Countermeasures Headquarters of the results thereof, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Aug. 6, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (8) | The head of a Si/Gun/Gu shall take measures to supplement its organization and human resources necessary to swiftly implement disaster recovery projects. |
| (9) | The head of the Central Countermeasures Headquarters may operate a central joint inspection team comprised of public officials of related central administrative agencies as well as the Ministry of the Interior and Safety or, a central inspection team comprised of public officials of the Ministry of the Interior and Safety for all matters regarding the implementation of disaster recovery projects. <Amended on Feb. 22, 2012; Aug. 6, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (10) | Matters necessary to organize and operate a central joint inspection team or a central inspection team for disaster recovery projects under paragraph (9) and other matters regarding the administration and inspection of disaster recovery projects shall be prescribed by Presidential Decree. <Newly Inserted on Feb. 22, 2012> |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 55-2 (Annual Reports on Natural Disaster Recovery) |
| (1) | The Government shall prepare an annual report on natural disasters every year (hereinafter referred to as "annual report") based on the details of reports under Article 55 and submit it to the National Assembly before the regular session of the National Assembly of the following year. |
| (2) | An annual report shall include the following: |
| 1. | Current status of damage and outline for recovery; |
| 2. | Current status of the progress of recovery of private facilities; |
| 3. | Current status of the progress of recovery of public facilities; |
| 4. | Matters necessary to manage the progress of disaster recovery projects; |
| 5. | Details of execution of budget by each government office and for each project (including the details of actual execution of budget by local governments); |
| 6. | Other matters prescribed by Presidential Decree. |
| (3) | To prepare an annual report, the heads of related central administrative agencies and the heads of disaster management agencies shall examine matters referred to in paragraph (2) in each quarter and notify the head of the Central Countermeasures Headquarters of the result thereof. |
[This Article Newly Inserted on Aug. 6, 2013]
| Article 56 (Expropriation of Land, etc.) |
Article 14-3 shall apply mutatis mutandis to the expropriation and use of the land, etc. necessary for a disaster recovery project. In such cases, “the head of a Si/Gun/ Gu” shall be construed as “the authority implementing a disaster recovery project”, and “project to upgrade an area zoned to manage natural disaster risks” as “disaster recovery project”, and “where an implementation plan for a project to upgrade an area zoned to manage natural disaster risks is publicly announced pursuant to Article 14-2 (2)” as “an implementation plan for a disaster recovery project is publicly announced pursuant to Article 49”. [This Article Wholly Amended on Oct. 22, 2012]
| Article 57 (Analysis and Evaluation of Disaster Recovery Projects) |
| (1) | Where the head of a Si/Gun/Gu has implemented a disaster recovery project in a scale of not less than the specific scale prescribed by Presidential Decree, he or she shall analyze and evaluate the effectiveness and economic feasibility of the project as of the last date of the following year. |
| (2) | If deemed necessary, the Minister of the Interior and Safety may directly conduct an analysis and evaluation of the effectiveness and economic feasibility of a disaster recovery project implemented by the head of a Si/Gun/Gu and a large-scale disaster recovery project or a comprehensive zonal recovery project implemented by the Minister of the Interior and Safety or the head of a related central administrative agency pursuant to Article 49-2. <Amended on Feb. 22, 2012; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | The head of a Si/Gun/Gu shall submit the results of an analysis and evaluation conducted pursuant to paragraph (1) to the Minister of the Interior and Safety via the competent Mayor/Do Governor: Provided, That the Special Self-Governing City Mayor shall report such results directly to the Minister of the Interior and Safety. <Amended on Feb. 22, 2012; Nov. 19, 2014; Mar. 21, 2017; Jul. 26, 2017> |
| (4) | The head of a Si/Gun shall reflect the results of an analysis and evaluation conducted pursuant to paragraph (1) in the formulation of relevant Si/Gun comprehensive plan, and the Special Metropolitan City Mayor or a Metropolitan City Mayor shall reflect the results of analysis and evaluation conducted pursuant to paragraph (1) in the formulation of the relevant City/Do comprehensive plan. <Newly Inserted on Feb. 22, 2012> |
| (5) | Detailed guidelines for the procedure for analysis, evaluation, and submission under paragraphs (1) through (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> |
[This Article Wholly Amended on Mar. 7, 2011]
CHAPTER V RESEARCH ON AND DEVELOPMENT OF TECHNOLOGY FOR DISASTER PREVENTION
| Article 58 (Research and Development of Technology for Disaster Prevention and Promotion of Disaster Prevention Industry) |
| (1) | The Government shall promote research and development of technology for disaster prevention and develop the disaster prevention industry so as to promote the development of natural disasters prevention technology for protecting the lives and property of people and major infrastructure. <Amended on Feb. 22, 2012> |
| (2) | In order to promote research and development of technology for disaster prevention under paragraph (1), the Minister of the Interior and Safety and the head of a disaster management agency may provide administrative and financial support. <Amended on Feb. 22, 2012; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Matters necessary for administrative and financial support referred to in paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 7, 2011]
[Title Amended on Feb. 22, 2012]
| Article 58-2 (Formulation of Plans to Promote Technology for Disaster Prevention) |
| (1) | In order to promote research and development of technology for disaster prevention and develop the disaster prevention industry pursuant to Article 58 (1), the Minister of the Interior and Safety shall formulate a plan to promote disaster prevention technology (hereinafter referred to as “promotion plan”), after deliberation by the National Science and Technology Council under the Presidential Advisory Council on Science and Technology Act. <Amended on Feb. 22, 2012; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Jan. 16, 2018> |
| (2) | The following matters shall be included in a promotion plan: <Amended on Feb. 22, 2012> |
| 1. | Basic objectives and direction-setting for the promotion of disaster prevention technology; |
| 2. | Measures to facilitate the development of disaster prevention technology and utilize such technology; |
| 3. | Annual investment and implementation plans for projects of developing disaster prevention technology; |
| 4. | Matters on the dissemination of previously developed technologies; |
| 5. | Nurturing of institutions, corporations, organizations and industries which perform the functions such as technology development, technology support, etc.; |
| 6. | Management of information regarding disaster prevention technology; |
| 7. | Supply and utilization of human resources for disaster prevention technology and training of technical human resources; |
| 8. | Nurturing of research institutes to promote disaster prevention technology; |
| 9. | Other important matters related to the promotion of disaster prevention technology. |
| (3) | The Minister of the Interior and Safety may request the heads of disaster management agencies, etc. to cooperate with him or her as necessary for the efficient implementation of a promotion plan so as to promote research and development of disaster prevention technology, establish infrastructure therefor, and develop the disaster prevention industry. <Amended on Feb. 22, 2012; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Mar. 7, 2011]
[Title Amended on Feb. 22, 2012]
| Article 58-3 (Promotion of Projects to Develop Technology for Disaster Prevention) |
| (1) | The Minister of the Interior and Safety may engage in business of research and development of disaster prevention technology under an agreement entered into with an institution or organization specified by Presidential Decree for the development of disaster prevention technology, so as to ensure the protection of lives and property of people and sustainable economic growth. <Amended on Feb. 22, 2012; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | Expenses incurred in conducting business of research and development of disaster prevention technology under paragraph (1) shall be covered with contributions from the Government or any person other than the Government, or other corporate funds for the development of technology. <Amended on Feb. 22, 2012> |
| (3) | If the Minister of the Interior and Safety deems it necessary to efficiently promote business of research and development of disaster prevention technology under paragraph (1), he or she may designate an institution specializing in the development of disaster prevention technology and authorize the specialized institution to execute affairs related thereto. <Amended on Feb. 22, 2012; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Mar. 7, 2011]
[Title Amended on Feb. 22, 2012]
| Article 59 (Commercialization of Technology for Disaster Prevention) |
| (1) | The Government shall take measures necessary to nurture the following business entities: <Amended on Feb. 22, 2012> |
| 1. | Business entities which develop or commercialize disaster prevention technology; |
| 2. | Persons operating a business mainly for investment in development of technology for disaster prevention; |
| 3. | Industrial entities in the field of disaster prevention; |
| 4. | Other business entities specified by Presidential Decree as related to disaster prevention. |
| (2) | The Government may implement the following projects and programs so as to promote the commercialization of technology developed for disaster prevention: <Amended on Feb. 22, 2012> |
| 1. | Nurturing specialized institutions supporting the commercialization of technology for disaster prevention; |
| 2. | Projects for the commercialization of patented technology for disaster prevention; |
| 3. | Programs for providing human resources, information, technical advice necessary for the commercialization of technology for disaster prevention; |
| 4. | Educational programs for training experts in disaster prevention; |
| 5. | Other projects and programs necessary to promote the commercialization of technology for disaster prevention. |
| (3) | Any person who operates any of the following financial resources (hereinafter referred to as "operator of financial resources") may provide the persons falling under paragraph (1) with support for necessary funds from such financial resources: <Amended on Dec. 31, 2018> |
| 4. | Other special funds created by the Government for the support for technology development. |
[This Article Wholly Amended on Mar. 7, 2011]
[Title Amended on Feb. 22, 2012]
| Article 60 (Support for Evaluation of Technology for Disaster Prevention) |
| (1) | In order to promote the diffusion of good technology and commercialize technology for disaster prevention, the Government may, upon request, evaluate technology and products for disaster prevention as well as industrial entities specializing in disaster prevention. <Amended on Feb. 22, 2012> |
| (2) | The Government may authorize a specialized institution specified by Presidential Decree to execute the evaluation under paragraph (1) (hereinafter referred to as “evaluation of disaster prevention technology”) on its behalf. <Amended on Feb. 22, 2012> |
| (3) | The Minister of the Interior and Safety may require a person requesting the evaluation of disaster prevention technology to bear expenses incurred in the evaluation of disaster prevention technology, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Feb. 22, 2012; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (4) | The operator of financial resources may provide the following persons with subsidy to cover all or part of the expenses incurred in evaluating disaster prevention technology or conducting a pilot project preferentially using the financial resources specified in Article 59 (3) so as to facilitate the evaluation of disaster prevention technology and support the diffusion of good technology for disaster prevention: <Amended on Feb. 22, 2012; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | A small or medium enterprise meeting the standards prescribed by Presidential Decree that undergoes the evaluation of disaster prevention technology; |
| 2. | A person who executes a pilot project for disaster prevention technology with good results from the evaluation of disaster prevention technology; |
| 3. | A person who commercializes disaster prevention technology, which has passed the evaluation of disaster prevention technology and which the Minister of the Interior and Safety deems necessary to diffuse the technology for public purposes. |
| (5) | Matters necessary for the procedure for requesting the evaluation of disaster prevention technology and the evaluation methods shall be prescribed by Presidential Decree. <Amended on Feb. 22, 2012> |
[This Article Wholly Amended on Mar. 7, 2011]
[Title Amended on Feb. 22, 2012]
| Article 61 (Designation and Utilization of New Technology for Disaster Prevention) |
| (1) | The Government may designate and publicly notify technologies evaluated as good for disaster prevention as new technologies (hereinafter referred to as “new technologies for disaster prevention”) and may prescribe the method for indicating that such technologies are new technologies for disaster prevention, and the period of protection of such technologies, and the method for utilizing such technologies. <Amended on Feb. 22, 2012> |
| (2) | The Government shall take appropriate measures to ensure that public institutions installing disaster prevention facilities can preferentially utilize new technologies for disaster prevention. <Amended on Feb. 22, 2012> |
| (3) | If the Minister of the Interior and Safety deems it necessary to protect technology developers, he or she may permit technology developers to charge royalty for new technologies for disaster prevention for a specified protection period or may protect technology developers in other ways, and if a technology developer applies for the extension of the protection period, the Minister may extend the period after verifying records of the utilization of new technologies. <Amended on Feb. 22, 2012; Nov. 19, 2014; Jul. 26, 2017> |
| (4) | Matters necessary for the procedure for designation of new technologies for disaster prevention, the method of indication of such technologies, the protection period of such technologies, and the method of utilization of such technologies shall be prescribed by Presidential Decree. <Amended on Feb. 22, 2012> |
[This Article Wholly Amended on Mar. 7, 2011]
[Title Amended on Feb. 22, 2012]
| Article 61-2 (Revocation of Designation of New Technology for Disaster Prevention) |
If a technology designated as a new technology for disaster prevention pursuant to Article 61 (1) falls under any of the following cases, the Minister of the Interior and Safety shall revoke such designation: <Amended on Feb. 22, 2012; Nov. 19, 2014; Jul. 26, 2017> | 1. | Where a person obtains such designation by fraud or other improper means; |
| 2. | Where the new technology for disaster prevention has a serious defect which makes it impossible to be applied at the scene of a natural disaster. |
[This Article Wholly Amended on Mar. 7, 2011]
[Title Amended on Feb. 22, 2012]
| Article 61-3 (Classification of Products for Disaster Prevention and Industrial Entities Specializing in Disaster Prevention) |
| (1) | The Minister of the Interior and Safety may classify and manage products for disaster prevention and industrial entities specializing in disaster prevention for the purposes of nurturing the disaster prevention industry, taking emergency measures against natural disasters, and ensuring the stable procurement and quality management of commodities and materials necessary for prompt recovery from and prevention of natural disasters. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | Matters necessary for the procedure for classification under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Feb. 22, 2012]
| Article 61-4 (Survey and Disclosure of Demand for Disaster Prevention Industry) |
| (1) | The Minister of the Interior and Safety may survey demand of corporations, which the State or a local government has invested in or contributed funds to, or other disaster management agencies for products for disaster prevention, and inspect their plans for investment and management, and disclose the results thereof to the public. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | Matters necessary for the procedure, method, etc. for disclosure under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Feb. 22, 2012]
| Article 62 (Facilitation of International Joint Research) |
| (1) | The Government shall take initiatives to facilitate international joint research on technology disaster prevention and the disaster prevention industry in order to ensure the sustainable and balanced development of the national economy. <Amended on Feb. 22, 2012> |
| (2) | The Government may implement the following projects and programs in order to facilitate international joint research referred to in paragraph (1): <Amended on Feb. 22, 2012> |
| 1. | Survey and research of international cooperation in disaster prevention technology and the disaster prevention industry; |
| 2. | International exchanges of human resources and information concerning disaster prevention technology and the disaster prevention industry; |
| 3. | Exhibitions and academic conferences relating to disaster prevention technology and the disaster prevention industry; |
| 4. | Expansion of overseas markets for disaster prevention technology and the disaster prevention industry; |
| 5. | Technology development for the prevention of natural disasters; |
| 6. | Other projects deemed necessary for facilitating international joint research. |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 63 (Diffusion of Information about Technology for Disaster Prevention) |
| (1) | The Government shall take prepare specific measures to disseminate good technology for disaster prevention and to collect and disseminate information about disaster prevention technology. <Amended on Feb. 22, 2012> |
| (2) | The Government may computerize information about disaster prevention technology for the purposes of disseminating disaster prevention technology and collecting and disseminating information about disaster prevention technology pursuant to paragraph (1). <Amended on Feb. 22, 2012> |
| (3) | The Minister of the Interior and Safety may request the head of a related agency to provide information necessary to computerize information about disaster prevention technology pursuant to paragraph (2). <Amended on Feb. 22, 2012; Nov. 19, 2014; Jul. 26, 2017> |
| (4) | The Government may recommend disaster management agencies, research institutes and industrial entities specializing in disaster prevention, and other organizations involved in disaster prevention to develop disaster prevention technology, adopt good disaster prevention technology, and exchange information about disaster prevention technology. <Amended on Feb. 22, 2012> |
| (5) | If the Minister of the Interior and Safety deems it necessary for the prevention of disasters, he or she may recommend the head of a related central administrative agency or local government to use and disseminate good disaster prevention technology. <Amended on Feb. 22, 2012; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Mar. 7, 2011]
[Title Amended on Feb. 22, 2012]
CHAPTER Ⅵ SUPPLEMENTARY PROVISIONS
Any person who intends to register to conduct affairs concerning disaster prevention and management by proxy or to register any change of registered matters pursuant to Article 38 (2) shall pay fees to the Minister of the Interior and Safety, as prescribed by Ordinance of the Ministry of the Interior and Safety: Provided, That where the Minister of the Interior and Safety entrusts affairs pursuant to Article 76 (2), he or she shall pay fees to the institution or organization entrusted with such affairs. [This Article Newly Inserted on Jan. 29, 2020]
| Article 64 (Evaluation of Maintenance and Management of Facilities to Prevent Disasters) |
| (1) | The head of a disaster management agency shall conscientiously maintain and manage facilities to prevent disasters, specified by Presidential Decree, so as to prevent disasters. <Amended on Feb. 22, 2012> |
| (2) | The Minister of the Interior and Safety may evaluate the maintenance and management of facilities to prevent disasters for each disaster management agency. <Amended on Feb. 22, 2012; Aug. 6, 2013; Jan. 27, 2016; Jul. 26, 2017> |
| (3) | Matters necessary to manage and evaluate facilities to prevent disasters under paragraphs (1) and (2) shall be prescribed by Presidential Decree. <Amended on Feb. 22, 2012> |
[This Article Wholly Amended on Mar. 7, 2011]
[Title Amended on Feb. 22, 2012]
| Article 64-2 (Nurturing of Non-profit Corporations in Disaster Prevention Industry) |
In order to promote the development and dissemination of technology for disaster prevention and the nurturing of the disaster prevention industry, the Minister of the Interior and Safety may provide information and other support to execute a project to a non-profit corporation in the disaster prevention industry, established pursuant to the Civil Act or any other Act, if such non-profit corporation executes any of the following projects: <Amended on Nov. 19, 2014; Jul. 26, 2017> | 1. | Research and development of technology for disaster prevention; |
| 2. | A survey project to collect and analyze information about the market trends of the disaster prevention industry, the current status of utilization of technology for disaster prevention, and demand for products for disaster prevention; |
| 3. | A project to facilitate commercialization of technology for disaster prevention as referred to in each subparagraph of Article 59 (2); |
| 4. | A project to facilitate international joint research as referred to in each subparagraph of Article 62 (2); |
| 5. | A mutual aid program for commercializing new technologies for disaster prevention and nurturing the disaster prevention industry. |
[This Article Newly Inserted on Feb. 22, 2012]
| Article 65 (Training for Public Officials and Technicians) |
| (1) | Public officials engaged in a job related to disasters shall finish the training course for disaster prevention, as prescribed by Presidential Decree. <Amended on Feb. 22, 2012> |
| (2) | Any person who employs disaster-related technicians shall require such technicians to undergo training provided by the Minister of the Interior and Safety, as prescribed by Presidential Decree. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (3) | If deemed necessary for training referred to in paragraphs (1) and (2), the Minister of the Interior and Safety may operate professional training courses. In such cases, the Minister of the Interior and Safety may entrust the operation of specialized training courses to a specialized institution or organization, as prescribed by Presidential Decree. <Amended on Nov. 19, 2014; Jul. 26, 2017; Jan. 29, 2020> |
| (4) | The Minister of the Interior and Safety may collect expenses incurred in providing training under paragraph (2) from employers who employ the persons subject to training, as prescribed by Presidential Decree. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 65-2 (Nurturing of Professional Human Resources for Disaster Prevention) |
| (1) | The State and local governments shall take measures necessary to nurture professional human resources for disaster prevention in accordance with the upgrade and specialization of policies on disaster prevention. |
| (2) | In order to nurture professional human resources pursuant to paragraph (1), the Minister of the Interior and Safety may designate a school defined in Article 2 of the Higher Education Act as an institution for nurturing professional human resources and authorize it to provide necessary education and training. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
[This Article Newly Inserted on Feb. 22, 2012]
| Article 66 (Organization of Regional Autonomous Disaster Prevention Team) |
| (1) | The head of a Si/Gun/Gu may organize and operate a regional autonomous disaster prevention team made up of residents, volunteer organizations, enterprises involved in disaster prevention, experts, etc. in order to strengthen the regional function of autonomous disaster prevention. |
| (2) | The Minister of the Interior and Safety and the head of the relevant local government may provide support for budgets, etc. to encourage the activities of regional autonomous disaster prevention teams while the head of a Si/Gun/Gu may provide support for necessary matters, including allowing regional autonomous disaster prevention teams to preferentially participate in the recovery project, depending on the level of contribution made by members of such teams to disaster prevention, response and recovery activities, etc. <Amended on Aug. 6, 2013; Jan. 27, 2016; Jul. 26, 2017> |
| (3) | The head of a Si/Gun/Gu shall pay compensation within the limits prescribed by Ordinance of the Ministry of the Interior and Safety, as prescribed by ordinance of the Si/Gun/Gu, in the case of the disease, injury, or death of members of regional autonomous disaster prevention teams due to participation in disaster prevention, response and recovery activities, etc. or education and training therein. <Newly Inserted on Oct. 24, 2017> |
| (4) | Necessary matters concerning the organization and operation of regional autonomous disaster prevention teams and the support for such teams shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 66-2 (National Federation of Autonomous Disaster Prevention Teams) |
| (1) | The National Federation of Autonomous Disaster Prevention Teams (hereinafter referred to as the “Federation”) may be established so as to promote exchanges and cooperation between and among regional autonomous disaster prevention teams. |
| (2) | Matters necessary to organize and operate the Federation shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Newly Inserted on Feb. 22, 2012]
| Article 67 (Reflection of Residents' Opinions in Policy) |
| (1) | The Minister of the Interior and Safety and the heads of local governments may commission specialized research institutions, etc. to survey residents' opinions and their awareness of natural disasters, etc. in order to develop policies on disaster prevention. <Amended on Feb. 22, 2012; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The Minister of the Interior and Safety and the heads of local governments shall reflect the results of the survey on residents' opinions and their awareness of natural disasters, etc. referred to in paragraph (1) in the formulation of various policies on disaster prevention. <Amended on Feb. 22, 2012; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 68 (Compensation for Loss) |
| (1) | Where any loss is incurred by the measures provided for in Article 11 (1), the State or local governments shall compensate for such loss. |
| (2) | With respect to compensation for any loss referred to in paragraph (1), a person who suffers the loss and the head of the relevant central administrative agency, the Mayor/Do Governor or the head of a Si/Gun/Gu shall have a consultation on such compensation. |
| (3) | Where no agreement under paragraph (2) is concluded, an application may be filed for an adjudication thereabout with the competent Land Expropriation Committee provided for in Article 51 of the Act on Acquisition of and Compensation for Land for Public Works Projects, as prescribed by Presidential Decree. |
| (4) | The provisions of Articles 83 through 86 of the Act on Acquisition of and Compensation for Land for Public Works Projects shall apply mutatis mutandis to the adjudication referred to in paragraph (3). |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 69 (Disposition Taken against Violators of Acts) |
| (1) | The Minister of the Interior and Safety, the head of the Central Countermeasures Headquarters, a Mayor/Do Governor, or the head of a Si/Gun/Gu may order any of the following persons to revoke permission, authorization, etc. granted under this Act, suspend work, or rebuild or relocate artificial structures, etc., or to take any other disposition or measure: <Amended on Aug. 6, 2013; Jan. 27, 2016; Jul. 26, 2017> |
| 1. | A person who has violated this Act or any order issued or disposition taken under this Act; |
| 2. | A person who has obtained permission, authorization, etc. under this Act by fraud; |
| 3. | Where it is deemed that the continued implementation of a development projects will significantly undermine public interests due to changes in circumstances, a person who has obtained permission for such development project, etc. or such project undertaker. |
| (2) | Where the Minister of the Interior and Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu takes any necessary disposition or orders any measures under paragraph (1) 3, he or she shall compensate for loss incurred thereby. <Amended on Aug. 6, 2013; Jan. 27, 2016; Jul. 26, 2017> |
| (3) | The provisions of Article 68 (2) through (4) shall apply mutatis mutandis to the compensation for loss referred to in paragraph (2). |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 70 (National Subsidies) |
If deemed necessary to facilitate the implementation of measures to prevent natural disasters, including the upgrading of areas zoned to manage natural disaster risks and projects for runoff reduction facilities, emergency countermeasures against natural disasters or natural disaster recovery projects, the State may fully or partially subsidize expenses therefor (including compensation for loss under Article 68) from the National Treasury or financially support local governments or disaster management agencies. <Amended on Oct. 22, 2012; Aug. 6, 2013> [This Article Wholly Amended on Mar. 7, 2011]
| Article 71 Deleted. <Jan. 17, 2017> |
| Article 72 (Establishment of Korea Disaster Prevention Association) |
| (1) | The Korea Disaster Prevention Association (hereinafter referred to as the "Association") may be established in order to encourage study on countermeasures against disasters and exchanges of information thereon and to bolster people's capabilities to prevent disasters. |
| (2) | The Association shall be incorporated as a corporation. |
| (3) | The Association shall come into existence upon registering its incorporation at the seat of its principal office. |
| (4) | The members of the Association shall consist of the following: |
| 1. | Persons who work for research organizations or engage in the service business related to the field of countermeasures against disasters; |
| 2. | Persons with abundant knowledge and experience in countermeasures against disasters who intend to become its members; |
| 3. | Organizations and enterprises that render services, produce supplies, and perform works, etc. related to the field of countermeasures against disasters; |
| 4. | Other persons prescribed by the articles of association. |
| (5) | The Association shall perform the following duties: <Amended on Feb. 22, 2012> |
| 1. | Education and public relations aimed at preventing disasters and heightening awareness to prevent disasters; |
| 2. | Investigation, collection, and dissemination of data concerning the prevention of disasters, emergency countermeasures against disasters, and disaster recovery; |
| 3. | Publication of various periodicals concerning the prevention of disasters, emergency countermeasures against disasters, and disaster recovery; |
| 4. | Implementation of a project for countermeasures against disasters commissioned by the Government; |
| 5. | Development of and support for related industries for developing technology in the field of disaster prevention; |
| 6. | Holding of disaster-related events in Korea and overseas that are led by the private sector; |
| 7. | Assistance in training professional human resources for disaster prevention and creation and management of database for such human resources; |
| 8. | Other matters prescribed by Presidential Decree concerning countermeasures against disasters. |
| (6) | The Minister of the Interior and Safety and the head of the relevant local government may commission services referred to in paragraph (5) 1 through 8 to the Association only where it is necessary to rapidly respond to the occurrence of any disaster. <Amended on Feb. 22, 2012; Aug. 6, 2013; Jan. 27, 2016; Jul. 26, 2017> |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 73 (Articles of Incorporation of Association) |
| (1) | Necessary matters concerning matters to be stated in the articles of incorporation of the Association, the number and tenure of, selection and appointment methods for, and supervision and registration of executive officers of the Association, etc. shall be prescribed by Presidential Decree. |
| (2) | The operational expenses of the Association shall be appropriated by membership dues and other revenues accruing from its projects. |
| (3) | The provisions governing the incorporated association in the Civil Act shall apply mutatis mutandis to the Association, except otherwise provided for in this Act. |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 74 (Issuance of Written Confirmation of Fact of Natural Disaster-Caused Damage) |
| (1) | With respect to any damage caused by any natural disaster, the head of a Si/Gun/Gu may issue a written confirmation of the fact of natural disaster-caused damage (hereinafter referred to as "written confirmation of the fact"). |
| (2) | Matters necessary for the issuance of a written confirmation of the fact shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 75 (Evaluation and Giving Prizes) |
| (1) | The Minister of the Interior and Safety may periodically evaluate duties performed by the heads of the relevant local governments for the natural disaster prevention, recovery, and countermeasures under the provisions of Articles 4, 8, 12 through 14, 16 through 21, 26, 29, 33, 36, 37, 48 and 66 and other provisions referred to in this Act, and notify the heads of the relevant local governments of the results of such evaluation. Upon receipt of the results of the evaluation, the heads of the relevant local governments shall take measures necessary for the natural disaster prevention, recovery, and countermeasures, according to the evaluation results. <Amended on Aug. 6, 2013; Jan. 27, 2016; Jul. 26, 2017> |
| (2) | The Minister of the Interior and Safety may select and award a prize to the heads of the relevant local governments with excellent results, according to the results of the evaluation referred to in paragraph (1). <Amended on Aug. 6, 2013; Jan. 27, 2016; Jul. 26, 2017> |
| (3) | Matters necessary for the evaluation and prize referred to in paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 7, 2011]
[Title Amended on Jan. 27, 2016]
| Article 75-2 (Regional Safety Inspection) |
| (1) | The Minister of the Interior and Safety may inspect regional safety by the Special Self-Governing City, the Special Self-Governing Province, and a Si/Gun/Gu in order to build a feedback system on the overall disaster prevention policies, enhance the autonomous capabilities for disaster prevention, and expand the base thereof. <Amended on Nov. 19, 2014; Jan. 27, 2016; Jul. 26, 2017> |
| (2) | The following matters shall be included in the details of the regional safety inspection under paragraph (1): <Amended on Jan. 27, 2016> |
| 1. | Analysis of the frequency of damage occurrence and the scale of damage by the relevant local government; |
| 2. | Analysis according to the inspection index and standards to inspect capabilities to mitigate damage by the relevant local government. |
| (3) | The procedures for the regional safety inspection in accordance with paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 76 (Delegation of Authority) |
| (1) | The Minister of the Interior and Safety and the head of the Central Countermeasures Headquarters may partially delegate his or her authority bestowed under this Act to the head of a local government or the head of City/Do Headquarters, as prescribed by Presidential Decree. <Amended on Aug. 6, 2013; Nov. 19, 2014; Jan. 27, 2016; Jul. 26, 2017> |
| (2) | The Minister of the Interior and Safety and the head of the Central Countermeasures Headquarters may partially entrust his or her duties bestowed under this Act to an institution or organization specializing in the relevant field, as prescribed by Presidential Decree. <Amended on Aug. 6, 2013; Nov. 19, 2014; Jan. 27, 2016; Jul. 26, 2017> |
[This Article Wholly Amended on Feb. 22, 2012]
| Article 76-2 (Legal Fiction as Public Officials in Application of Penalty Provisions) |
| 1. | A member of a disaster impact assessment deliberative committee under Article 4 (5) who is not a public official; |
| 2. | An executive officer or employee of a specialized institution or organization who engages in operating the specialized training courses entrusted to him or her pursuant to Article 65 (2). |
[This Article Newly Inserted on Jul. 20, 2015]
CHAPTER VII PENALTY PROVISIONS
| Article 77 (Penalty Provisions) |
| (1) | Any person who fails to comply with an order to suspend construction under Article 6-4 (2) or (3) shall be punished by imprisonment with labor for up to two years or by a fine not exceeding 20 million won. <Newly Inserted on Jan. 27, 2016> |
| (2) | Any person who conducts affairs concerning disaster prevention and management on behalf of another person without registration of a proxy under Article 38 (2) shall be punished by imprisonment with labor for up to one year or by a fine not exceeding 10 million won. <Newly Inserted Feb. 22, 2012; Aug. 6, 2013> |
| (3) | Any of the following persons shall be punished by a fine not exceeding five million won: <Amended on Feb. 22, 2012; Jan. 27, 2016; Jan. 29, 2020> |
| 1. | A person who fails to formulate an emergency plan under Article 37 (1); |
| 2. | A person who operates a specialized training course entrusted to him or her pursuant to Article 65 (3) by fraud or other improper means, by such as falsely stating the number of attendance days at the training course. |
[This Article Wholly Amended on Mar. 7, 2011]
| Article 78 (Joint Penalty Provisions) |
Where a representative of a corporation or an agent of, or employee of or others employed by of a corporation or individual commits an offence under Article 77, in connection with business of the corporation or the individual, not only shall such offender be punished accordingly, but the corporation or the individual also shall be punished by a fine under each relevant Article: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention to and supervision over the relevant duties to prevent such violation. [This Article Wholly Amended on Dec. 26, 2008]>
| Article 79 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Newly Inserted on Oct. 27, 2016; Mar. 24, 2017> |
| 1. | Any person who fails to nominate a person in charge of management and give notification thereof, in violation of Article 6 (3); |
| 2. | Any person who fails to record the status of compliance, etc. with the details of consultations on disaster impact assessment, etc. in management registers or to keep such registers in the construction site, in violation of Article 6 (4); |
| 3. | Any person who fails to give notification of construction, completion, or suspension of the project, in violation of Article 6-2; |
| 4. | Any person who fails to comply with an order to take measures under Article 6-4 (1) or (3). |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Amended on Mar. 22, 2013; Jan. 8, 2014; May 28, 2014; Mar. 27, 2016> |
| 1. | Any person who fails to comply with an order to check and upgrade an area zoned to manage natural disaster risks for preventing disasters therein pursuant to Article 12 (2); |
| 2. | Any person who fails to install rainwater runoff reduction facilities provided for in Article 19-6 (1); |
| 3. | Any person who obstructs the investigation of traces of flooding, etc. provided for in Article 21 (2) or damages traces of flooding without permission; |
| 4. | Any person who fails to comply with an order to check and upgrade areas vulnerable to sea waves for preventing a disaster therein pursuant to Article 25-3 (2); |
| 5. | A person who fails to observe any of the matters provided for in Article 40; |
| 6. | Any person who suspends or discontinues his or her business without reporting thereon under Article 41; |
| 7. | Any proxy who refuses, evades, or interferes with inspection of the actual conditions under Article 41-2 or submits false data, and any person who requires him or her to conduct affairs concerning disaster prevention and management on his or her behalf. |
| (3) | Administrative fines referred to in paragraphs (1) and (2) shall be imposed and collected by the Minister of the Interior and Safety, the relevant Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended on Nov. 19, 2014; Jan. 27, 2016; Jun. 26, 2017> |
[This Article Wholly Amended on Mar. 7, 2011]
ADDENDA <Act No. 7359, Jan. 27, 2005>
| (1) | (Enforcement Date) This Act shall enter into force on the date set by Presidential Decree within the scope of not exceeding six months after its promulgation. |
| (2) | (Transitional Measures concerning the Korea Disaster Prevention Association) The Korea Disaster Prevention Association at the time of the enforcement of this Act shall be deemed the Korea Disaster Prevention Association that is established under this Act. |
| (3) | (Transitional Measures concerning Penalty Provisions) The application of the penalty provisions to any act committed prior to the enforcement of this Act shall be governed by the previous provisions. |
ADDENDA <Act No. 7571, May 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 7678, Aug. 4, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 8170, Jan. 3, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date prescribed by Presidential Decree within the scope not exceeding six months after its promulgation.
Article 2 (Transitional Measures on Area Vulnerable to Natural Disaster)
The area vulnerable to natural disaster designated and publicly notified before the amended Countermeasures against Natural Disasters Act (Act No. 7359) enters into force, shall be deemed as the area vulnerable to natural disaster designated and publicly notified in accordance with the provisions of Article 12. Article 3 (Transitional Measures on Establishment of Standards for Wind Resistance Designs for Communication Facilities)
The provisions of Article 24 (1), with the exception of its subparagraphs, shall not apply to the telecommunication facilities installed in conformity with the Framework Act on Telecommunications before this Act enters into force. Article 4 (Transitional Measures on Assessment of Natural Disaster Reduction Technology)
The technology that is assessed as the natural disaster reduction technology before this Act enters into force shall be deemed as the new natural disaster reduction technology under the provisions of Article 61 (1). Article 5 (Transitional Measures on Penalty Provisions)
The application of penalty provisions to acts committed prior to the enforcement of this Act shall be governed by the previous provisions.
ADDENDA <Act No. 8283, Jan. 26, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 8343, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Act No. 8346, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Act No. 8351, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 14 (25) of the Addenda shall enter into force ··· <omitted> ··· on the enforcement date prescribed in Article 1 of the Addenda to the Countermeasures against Natural Disasters Act (Act No. 8170). Articles 2 through 15 Omitted.
ADDENDA <Act No. 8352, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA <Act No. 8369, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA <Act No. 8370, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 20 Omitted.
ADDENDA <Act No. 8404, Apr. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDA <Act No. 8466, May 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 8541, Jul. 23, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 43 Omitted.
ADDENDA <Act No. 8733, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 8819, Dec. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8820, Dec. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended pursuant to Article 6 of this Addenda, the amended provisions of each Act, 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 7 Omitted.
ADDENDA <Act No. 8974, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDA <Act No. 8976, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDUM <Act No. 8999, Mar. 28, 2008>
This Act shall enter into force on the date prescribed by Presidential Decree within the scope not exceeding six months after its promulgation.
ADDENDA <Act No. 9001, Mar. 28, 2008>
| (1) | (Enforcement Date) This Act shall enter into force on the date prescribed by Presidential Decree within the extent not exceeding one year after its promulgation. |
ADDENDUM <Act No. 9204, Dec. 26, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 9298, Dec. 31, 2008>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 9401, Jan. 30, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 9636, Apr. 22, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 9685, May 21, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 9763, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Act No. 9770, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2010. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9773, Jun. 9, 2009>
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. 9847, Dec. 29, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 22 Omitted.
ADDENDA <Act No. 10000, Feb. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 10272, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 14 Omitted.
ADDENDA <Act No. 10331, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDUM <Act No. 10384, Jul, 23, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 10433, Mar. 7, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10599, Apr. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 11141, Dec. 31, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on September 1, 2012. (Proviso Omitted.)
Articles 2 through 22 Omitted.
ADDENDA <Act No. 11345, Feb. 22, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Change of Subject Matters of Prior Deliberation)
The amended provisions of Article 55 (2) shall begin to apply from the first disaster recovery project implemented pursuant to a disaster recovery plan confirmed and notified pursuant to the amended provisions of Article 46 (2) on or after this Act enters into force. Article 3 (Applicability to Legal Fiction of Permission and Authorization for Implementation Plans for Disaster Recovery Projects)
The amended provisions of Articles 49 (4) 4, 9, 10, and 25 through 30 shall begin to apply from the first implementation plan for a disaster recovery project implemented in accordance with a disaster recovery plan confirmed and notified pursuant to the amended provisions of Article 46 (2) on or after this Act enters into force. Article 4 (Transitional Measures concerning Formulation of Plans to Promote Technology for Reduction of Natural Disasters)
A plan formulated to promote technology for reduction of natural disasters pursuant to previous provisions as at the time this Act enters into force shall be deemed a plan formulated to promote technology for disaster prevention pursuant to the amended provisions of Article 58-2. Article 5 (Transitional Measures concerning Evaluation of Technology for Reduction of Natural Disasters)
A person whose technology for reduction of natural disasters has been evaluated pursuant to the previous provisions as at the time this Act enters into force shall be deemed to have such technology evaluated as technology for disaster prevention pursuant to the amended provisions of Article 60. Article 6 (Transitional Measures concerning Designation and Public Notice of New Technology for Reduction of Natural Disasters)
A technology designated and publicly notified as a new technology for reduction of natural disasters pursuant to the previous provisions as at the time this Act enters into force shall be deemed a new technology for disaster prevention, designated and publicly notified pursuant to the amended provisions of Article 61.
ADDENDA <Act No. 11495, Oct. 22, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Designation of Areas Zoned to Manage Natural Disaster Risks)
An area designated and publicly notified as an area vulnerable to natural disaster pursuant to the previous provisions as at the time this Act enters into force shall be deemed an area designated and publicly notified as an area zoned to manage natural disaster risks pursuant to the amended provisions of Article 12 (1). Article 3 (Transitional Measures concerning Formulation of Upgrade Plans for Areas Zoned to Manage Natural Disaster Risks)
| (1) | An upgrade plan formulated for an area vulnerable to natural disaster pursuant to the previous provisions as at the time this Act enters into force shall be deemed an upgrade plan for an area zoned to manage natural disaster risks pursuant to the amended provisions of Article 13 (1). |
| (2) | A project plan formulated for an area vulnerable to natural disaster pursuant to the previous provisions as at the time this Act enters into force shall be deemed a project plan formulated for upgrading an area zoned to manage natural disaster risks pursuant to the amended provisions of Article 14 (1). |
Article 4 (Transitional Measures concerning Application of Flood Prevention Standards by District)
| (1) | Notwithstanding the amended provisions of Article 18 (2), a plan finalized for a development project as at the time this Act enters into force shall be governed by the previous provisions. |
| (2) | The amended provisions of Article 18 (3) shall begin to apply from applications filed for approval of a development project after this Act enters into force. |
Article 5 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11713, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 11993, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Proxies Formulating Measures for Disaster Prevention and Management)
A proxy for disaster prevention and management registered with the Administrator of the National Emergency Management Agency pursuant to Article 38 (2) before this Act enters into force shall be deemed registered as a proxy for disaster prevention and management pursuant to this Act.
ADDENDA <Act No. 11994, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Act No. 12248, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 25 Omitted.
ADDENDUM <Act No. 12577, May 14, 2014>
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Presidential Decree No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended pursuant to Article 6 of this Addenda, the amended provisions of each Act, 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 7 Omitted.
ADDENDUM <Act No. 12942, Dec. 30, 2014>
This Act shall enter into force one year after the date of its promulgation.
ADDENDUM <Act No. 13418, Jul. 20, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13726, Jan. 6, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13797, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDA <Act No. 13805, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on August 12, 2016.
Articles 2 through 22 Omitted.
ADDENDA <Act No. 13924, Jan. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Nomination of Persons in Charge of Management)
The amended provisions of Article 6 (3) and (4) shall also apply where prior consultations on the examination of factors influencing disasters of development project is completed before this Act enters into force, and the development project is not finished as at the time this Act enters into force. Article 3 (Applicability to Administrative Disposition to Proxy)
The amended provisions of Article 42 (1) 7 shall begin to apply from the first relevant violation committed after this Act enters into force. Article 4 (Transitional Measures concerning Incompetent Persons)
Persons under adult guardianship or persons under limited guardianship prescribed in the amended provisions of subparagraph 1 of Article 39 shall be deemed to include a person for whom declaration of incompetence or quasi-incompetence remains valid under Article 2 of the Addenda to the Civil Act (Act No. 10429). Article 5 (Transitional Measures concerning Changes of Subject Having Authority)
Prior consultations on the examination of factors influencing disasters, administrative dispositions, and other acts which the head of the Central Countermeasures Headquarters or the head of the Local Countermeasures Headquarters conduct, and request for prior consultations on the examination of factors influencing disasters and other acts to the head of the Central Countermeasures Headquarters or the head of the Local Countermeasures Headquarters pursuant to the former provisions before this Act enters into force shall be deemed acts conducted by the Minister of Public Safety and Security or the heads of local governments, or to the Minister of Public Safety and Security or the heads of local governments under this Act, respectively. <Amended by Act No. 14839, Jul. 26, 2017>
Article 6 Omitted.
ADDENDA <Act No. 14113, Mar. 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 18 Omitted.
ADDENDA <Act No. 14480, Dec. 27, 2016>
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. 14532, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That among the Acts amended pursuant to Article 6 of this Addenda, the amended provisions of each Act, which was promulgated before this Act enters into force, but the enforcement date of which has not elapsed, shall enter into force on the enforcement date of each relevant Act.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14545, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 15 Omitted.
ADDENDA <Act No. 14553, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Act No. 14614, Mar. 21, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 14753, Mar. 21, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That Article 3 of the Addenda shall enter into force on January 18, 2018.
Article 2 (Applicability to Analysis and Evaluation of Projects for Upgrading Areas Zoned to Manage Natural Disaster Risks)
The amended provisions of Article 15-2 shall begin to apply from the first project for upgrading areas zoned to manage natural disaster risks, which has been completed after this Act enters into force. Article 3 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 14912, Oct. 24, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Prior Consultations on Examination of Factors Influencing Disasters)
Notwithstanding the amended provisions of Article 4, the previous provisions shall apply to prior consultations on the examination of factors influencing disasters which are in progress pursuant to the previous Article 4 at the time this Act enters into force. Article 3 Omitted.
ADDENDA <Act No. 15344, Jan. 16, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 16101, Dec. 31, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2019. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 16172, Dec. 31, 2018>
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. 16773, Dec. 10, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 16880, Jan. 29, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provision of Article 38 (1) 2-2 shall enter into force one year after the date of its promulgation Article 2 (Applicability to Proxy’s Report on Resumption of Business)
The amended provisions of Article 41 (2) and (3) shall apply, beginning with a report on resumption of business filed after this Act enters into force.
ADDENDA <Act No. 16902, Jan. 29, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 20 Omitted.
ADDENDA <Act No. 17344, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDUM <Act No. 17381, Jun. 9, 2020>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 17472, Aug. 11, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, ··· <omitted> ··· That the amended provisions of any Act, which is amended pursuant to Article 4 of the Addenda and 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 such Act.
Articles 2 through 5 Omitted.