ACT ON THE ESTABLISHMENT AND OPERATION OF VOLUNTEER FIRE BRIGADES
Act No. 12344, Jan. 28, 2014
Amended by Act No. 12844, Nov. 19, 2014
Act No. 14809, Apr. 18, 2017
Act No. 14839, Jul. 26, 2017
Act No. 17576, Dec. 8, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to provide for matters necessary for establishing, operating, etc. a volunteer fire brigade to provide assistance in firefighting and fire protection services, such as fire suppression, rescue and first aid, in a systematic manner.
| Article 2 (Establishment of Volunteer Fire Brigade) |
| (1) | The Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-governing City Mayor, Do Governor, Special Self-governing Province Governor (hereinafter referred to as the "Mayor/Do Governor") or the head of a fire department may establish a volunteer fire brigade to assist in activities, such as fire suppression, rescue and first aid at the scene of a disaster, and services concerning activities to prevent fires (hereinafter referred to as "firefighting and fire protection services"). |
| (2) | A volunteer fire brigade under paragraph (1) shall be established in the Special Metropolitan City, each Metropolitan City, Special Self-governing City, Do, Special Self-governing Province (hereinafter referred to as "City/Do"), and Si and Eup/Myeon. |
| (3) | Where necessary, the Mayor/Do Governor or the head of a fire department may specially designate a jurisdiction and establish a volunteer fire brigade in such jurisdiction. |
| (4) | Where necessary, the Mayor/Do Governor or the head of a fire department may operate a volunteer fire brigade under paragraph (2) or (3) as volunteer fire brigades in exclusive charge of fire suppression, etc. (hereinafter referred to as "volunteer fire brigades in exclusive charge"). In such cases, he or she shall take into account the characteristics and the area of the jurisdiction, or the distance to the scene of a disaster. |
| (5) | Other matters necessary for the establishment, etc. of a volunteer fire brigade shall be determined by Ordinance of the Ministry of the Interior and Safety. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
CHAPTER II APPOINTMENT, DISMISSAL, AND ORGANIZATIONOF VOLUNTEER FIREFIGHTERS
| Article 3 (Appointment of Volunteer Firefighters) |
The Mayor/Do Governor or the head of a fire department may appoint any of the following persons, who wish to serve as volunteer firefighters among persons who reside or habitually reside in the area, volunteer as firefighters:
| 1. | Persons who have a steady job within the jurisdiction; |
| 2. | Persons who are healthy and have a strong spirit of cooperation; |
| 3. | Persons who are deemed to have a spirit of self-sacrifice and spirit of volunteering; |
| 5. | Persons who are qualified as doctors, nurses or emergency medical technicians; |
| 6. | Other persons who have techniques and capability necessary to perform activities of a volunteer fire brigade. |
| Article 4 (Dismissal of Volunteer Firefighters) |
| (1) | Where a volunteer firefighter falls under any of the following, the Mayor/Do Governor or the head of a fire department shall dismiss such volunteer firefighter: <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Where his or her whereabouts are unknown; |
| 2. | Where he or she has moved outside the jurisdiction: Provided, That the foregoing shall not apply where he or she is deemed to have no trouble performing activities as a firefighter in the City where at least two fire departments have been established; |
| 3. | Where he or she is deemed to be unable to perform his or herduties due to a mental or physical disorder; |
| 4. | Where he or she neglects his or herduties or fails to perform his or her duties; |
| 5. | Where he or she violates the duty of prohibition against acts under Article 11; |
| 6. | Where he or she constitutes other grounds prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (5) | Other necessary matters concerning procedures, etc. for dismissal of a volunteer firefighter shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| Article 5 (Retirement Age) |
The age at which a volunteer firefighter is required to cease work shall be 65.
| (1) | A volunteer fire brigade shall be comprised of the chief, the assistant chief, the captain, the lieutenant and firefighters. |
| (2) | The Mayor/Do Governor shall appoint the chief and the assistant chief on the recommendation of the head of the competent fire department from among volunteer firefighters. |
| (5) | Other necessary matters concerning the organization, etc. of a volunteer fire brigade shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
The duties of a volunteer fire brigade shall be as follows: <Amended on Mar. 19, 2014; Jul. 26, 2017>
| 1. | Assistance in fire watch and suppression; |
| 2. | Assistance in rescue and first aid; |
| 3. | Assistance in evacuation and relief when a disaster, such as fire, occurs; |
| 4. | Assistance in fire prevention; |
| 5. | Other matters prescribed by Ordinance of the Ministry of the Interior and Safety. |
| Article 8 (Wearing Uniforms, etc.) |
| (1) | Where a volunteer firefighter performs his or her duties (including activities of a volunteer fire brigade in exclusive charge under Article 10 (2)) under Article 7, he or she shall wear a uniform and carry an identification card. |
| (2) | Where a person who is or was a volunteer firefighter files an application for a certificate of career, the director of the fire headquarters or the head of a fire department shall issue and manage the certificate of career for the applicant. |
| (3) | Necessary matters concerning a uniform, identity card, certificate of career, etc. of a volunteer firefighter shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
CHAPTER III SERVICE, EDUCATION, AND TRAINING OF VOLUNTEER FIREFIGHTERS
| Article 9 (Service of Volunteer Firefighters) |
| (1) | Volunteer firefighters shall serve on a part-time basis. |
| (2) | Where necessary to require volunteer firefighters to assist in firefighting and fire protection services, the director of the fire headquarters or the head of a fire department may summon volunteer firefighters. |
| Article 10 (Mobilization to Scene of Disaster) |
| (1) | Volunteer firefighters shall be dispatched to the scene of a disaster, such as fire, rescue and first aid, in accordance with a call under Article 9 (2), and assist in firefighting and fire protection services under the guidance and supervision of the director of the fire headquarters or the head of a fire department. |
| (2) | Notwithstanding paragraph (1), volunteer firefighters in exclusive charge may perform fire suppression of their own accord in special cases, such as an emergency or a loss of communication, without a call from the director of the fire headquarters or the head of a fire department. In such cases, the chief of a volunteer fire brigade in exclusive charge shall report on fire suppression to the director of the fire headquarters or the head of a fire department, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Notwithstanding the Public Property and Commodity Management Act, the Mayor/Do Governor or the head of a fire department may lend necessary goods, such as firefighting equipment, to a volunteer fire brigade or allow it to use such equipment without compensation. |
| (4) | Necessary matters concerning the lending or use of firefighting equipment, etc. under paragraph (3) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| Article 11 (Prohibition against Acts) |
No volunteer firefighters shall perform any of the following acts using the authority as a volunteer fire brigade:
| 1. | Collecting contributions; |
| 2. | Using the name of a volunteer fire brigade for the purpose of making money; |
| 3. | Participating in political activities; |
| 4. | Participating in a lawsuit, dispute or strike; |
| 5. | Injuring the reputation of the volunteer fire brigade. |
| Article 12 (Guidance on and Supervision over Service) |
The director of the fire headquarters or the head of a fire department shall provide guidance on and exercise supervision over the service of volunteer firefighters so that they may maintain their dignity.
| Article 13 (Education and Training) |
| (1) | The Commissioner of the National Fire Agency, the director of the fire headquarters or the head of a fire department shall provide education and training (including health and safety education related to the performance of duties) for volunteer firefighters. <Amended on Nov. 19, 2014; Apr. 18, 2017; Jul. 26, 2017> |
| (2) | Necessary matters concerning the details, period, methods, etc. of education and training under paragraph (1) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
CHAPTER IV EXPENSES AND COMPENSATION FOR ACCIDENT FOR VOLUNTEER FIREFIGHTERS
| Article 14 (Apportioning Expenses) |
| (1) | The relevant Mayor/Do Governor shall apportion expenses incurred in the operation, activities, etc. of a volunteer fire brigade. |
| (2) | The State may partially subsidize expenses under paragraph (1) within the budgetary limits. |
| Article 15 (Allowance for Call) |
| (1) | Where volunteer firefighters perform duties under Article 7, the Mayor/Do Governor may pay an allowance within the budgetary limits. |
| (2) | Necessary matters concerning methods, etc. of payment of an allowance under paragraph (1) shall be prescribed by City/Do Ordinance in accordance with standards prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| Article 16 (Subsidizing Cost of Activities) |
Where volunteer firefighters perform their duties under Article 7 in the jurisdiction, the head of the Si/Gun/Gu (referring to the head of an autonomous Gu) may fully or partially subsidize the cost incurred in performing their duties.
| Article 16-2 (Performance-Based Rewards) |
| (1) | The director of the fire headquarters or the head of a fire department may evaluate and manage the performance records of each volunteer fire brigade and volunteer firefighter, and implement performance-based rewards based thereon. |
| (2) | Necessary matters concerning methods of evaluating and managing the performance of each volunteer fire brigade and volunteer firefighter, rewards, etc. under paragraph (1) shall be prescribed by municipal ordinance of a City/Do in accordance with the standards prescribed by Ordinance of the Ministry of the Interior and Safety. |
[This Article Newly Inserted on Dec. 8, 2020]
| Article 17 (Compensation for Accident) |
| (1) | Where a volunteer firefighter contracts a disease, sustains an injury, or dies as a result of the performance of duties under Article 7 or education and training under Article 13, the Mayor/Do Governor shall pay compensation, as prescribed by City/Do Ordinance within the limits prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Nov. 19, 2014; Jul. 26, 2017; Dec. 8, 2020> |
| (2) | The Mayor/Do Governor may purchase insurance to pay compensation under paragraph (1). <Newly Inserted on Dec. 8, 2020> |
CHAPTER V ESTABLISHMENT OF NATIONAL FEDERATION OF VOLUNTEER FIRE BRIGADES
| Article 18 (Establishment of National Federation of Volunteer Fire Brigades) |
| (1) | Volunteer firefighters may establish the National Federation of Volunteer Fire Brigades (hereinafter referred to as the "National Federation") for the efficient management of volunteering and the promotion of mutual cooperation for disaster management. |
| (2) | Necessary matters concerning the composition, organization, etc. of the National Federation shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
The National Federation shall conduct the following affairs:
| 1. | Matters concerning research for the efficient management of volunteer fire brigades; |
| 2. | Matters concerning constructing a network for rescue and support activities at the scene of a large-scale disaster; |
| 3. | Matters concerning promoting the welfare of volunteer firefighters; |
| 4. | Other matters necessary for revitalizing volunteer fire brigades. |
| (1) | Meetings of the National Federation shall be classified into an annual general meeting and extraordinary general meeting. |
| (2) | An annual general meeting shall be held once a year and the following shall be decided therein: |
| 1. | Matters concerning the rules and operation of the National Federation; |
| 2. | Matters concerning a business plan for the performance of functions of the National Federation; |
| 3. | Matters concerning the results of the audit; |
| 4. | Other matters submitted by the chairperson to the annual general meeting as items on the agenda. |
| (3) | The National Federation shall convene an extraordinary general meeting at the request of the chairperson or at least one third of the incumbent members. |
| (4) | Other matters necessary to preside over meetings shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| Article 21 (Support to National Federation) |
The Commissioner of the National Fire Agency may support establishing and operating the National Federation to promote participation of the people in volunteering for firefighting and fire prevention. <Amended on Nov. 19, 2014; Jul. 26, 2017>
| Article 22 (Guidance on, Management of, and Supervision over National Federation) |
The Commissioner of the National Fire Agency may guide, manage and supervise the operation, etc. of the National Federation. <Amended on Nov. 19, 2014; Jul. 26, 2017>
ADDENDA <Act No. 12344, Jan. 28, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Volunteer Fire Brigades, etc.)
Volunteer fire brigades and the National Federation of Volunteer Fire brigades in active service at the time this Act enters into force shall be deemed volunteer fire brigades and the National Federation of Volunteer Fire Brigades under this Act, respectively.
Article 3 Omitted.
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 the amended provisions of any Act, which is amended pursuant to Article 6 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 7 Omitted.
ADDENDUM <Act No. 14809, Apr. 18, 2017>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the Acts amended pursuant to Article 5 of Addenda, which were promulgated before this Act enters into force, whose enforcement dates have not come, shall enter into force on the enforcement dates of the relevant Acts, respectively.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 17576, Dec. 8, 2020>
This Act shall enter into force six months after the date of its promulgation.