FIREFIGHTING INDUSTRY PROMOTION ACT
Act No. 9094, jun. 5, 2008
Amended by Act No. 11037, Aug. 4, 2011
Act No. 11342, Feb. 22, 2012
Act No. 11895, Jul. 16, 2013
Act No. 12591, May 20, 2014
Act No. 12844, Nov. 19, 2014
Act No. 12937, Dec. 30, 2014
Act No. 14839, Jul. 26, 2017
Act No. 15301, Dec. 26, 2017
Act No. 15418, Mar. 2, 2018
Act No. 17377, jun. 9, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to protect the security of national life and contribute to the development of the national economy by prescribing matters necessary for creating the foundation of the growth of the firefighting industry and strengthening the competitiveness of the domestic firefighting industry.
The terms used in this Act are defined as follows: <Amended on Aug. 4, 2011; Feb. 22, 2012; Dec. 30, 2014; Dec. 26, 2017; Mar. 2, 2018>
| 1. | The term "firefighting industry" means the following industries and all industries related to the development, etc. of human resources and equipment necessary therefor: |
| 2. | The term "firefighting business owner" means a person engaging in economic activities related to the firefighting industry; |
| 3. | The term "firefighting equipment" means equipment defined in subparagraph 1 of Article 2 of the Firefighting Equipment Management Act; |
| 4. | The term "regional information standard system of the firefighting industry" means an information system which sets the standards for software, hardwares, etc. necessary for connecting the regional information system of the firefighting industry with information systems of local governments, enterprises, etc. |
| Article 3 (Responsibility of State and Local Governments) |
| (1) | The State and local governments shall formulate and implement all kinds of policies necessary for the promotion of the firefighting industry. |
| (2) | To promote the firefighting industry, the State and local governments shall make necessary efforts, including the support for the technological development, and survey and research programs, and the establishment of a cooperative system with foreign countries and international organizations related to the firefighting industry. <Newly Inserted on Dec. 30, 2014> |
CHAPTER II FORMULATION OF MASTER PLANS FOR PROMOTION OF FIRE-FIGHTING INDUSTRY
| Article 4 (Formulation of Master Plans) |
| (1) | The Fire Commissioner of the National Fire Agency shall formulate a master plan for the promotion of the firefighting industry (hereinafter referred to as "master plan"), on a five-year basis. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The following matters shall be included in a master plan: |
| 1. | Basic direction-setting for policies for the promotion of the firefighting industry; |
| 2. | Matters concerning policies for fostering the firefighting industry by sector; |
| 3. | Creation of the foundation of the firefighting industry and support for starting up business; |
| 4. | Matters concerning nurturing professional human resources for firefighting; |
| 5. | Matters concerning the research and development and the proliferation of firefighting technology; |
| 6. | Matters concerning the development, promotion of use, and revitalization of the distribution of firefighting equipment; |
| 7. | Matters concerning international cooperation and expansion to overseas markets of the firefighting industry; |
| 8. | Other matters necessary for the promotion of the firefighting industry. |
| (3) | Matters necessary for the formulation and implementation of the master plan shall be prescribed by Presidential Decree. <Amended on Dec. 30, 2014> |
| (4) | Deleted. <Dec. 30, 2014> |
[Title Amended on Dec. 30, 2014]
| Article 5 (Formulation of Implementation Plans) |
| (1) | The Fire Commissioner of the National Fire Agency shall annually formulate and implement a detailed implementation plan (hereinafter referred to as "implementation plan"), in accordance with a master plan. <Amended on Jul. 26, 2017> |
| (2) | An implementation plan shall be an execution plan of the master plan for the relevant year, and include matters necessary therefor. |
| (3) | Matters necessary for the formulation and implementation of implementation plans shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 30, 2014]
| Article 6 (Procedures for Formulation of Plans) |
Where the Fire Commissioner of the National Fire Agency formulates a master plan or an implementation plan, he/she shall submit it for deliberation by the Deliberative Committee on Firefighting Industry Promotion Policies established under Article 12. The same shall also apply where he/she amends important matters prescribed by Presidential Decree. <Amended on Nov. 19, 2014; Jul. 26, 2017>
CHAPTER III CREATION OF FOUNDATION OF FIREFIGHTING INDUSTRY
| Article 7 (Cultivation of Professional Human Resources) |
| (1) | The Fire Commissioner of the National Fire Agency, and the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Mayor of a Special Metropolitan Autonomous City, a Do Governor, and the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") shall endeavor to cultivate professional human resources necessary for the promotion of the firefighting industry. <Amended on Jul. 16, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The Fire Commissioner of the National Fire Agency or a Mayor/Do Governor may designate an institute, university, and any other institution deemed necessary, as a training institution of professional human resources for the firefighting industry, for the cultivation of professional human resources pursuant to paragraph (1), as prescribed by Presidential Decree. <Amended on Jul. 16, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | The Fire Commissioner of the National Fire Agency or a Mayor/Do Governor may subsidize expenses incurred in such cultivation to the training institutions of professional human resources for the firefighting industry designated pursuant to paragraph (2), as prescribed by Presidential Decree. <Amended on Jul. 16, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (4) | Matters necessary for cultivating professional human resources for the firefighting industry, other than those prescribed in paragraphs (1) through (3), shall be prescribed by Presidential Decree. <Newly Inserted on Dec. 30, 2014> |
| Article 8 (Promotion of Development of Fire-Fighting Technology) |
| (1) | The Fire Commissioner of the National Fire Agency shall formulate policies for the development of technology related to the firefighting industry and give necessary support to scientific research, study, and technical development necessary therefor. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | To promote the development of technology related to the firefighting industry, the Fire Commissioner of the National Fire Agency may fully or partially contribute or subsidize funds incurred in a technical development project to any person conducting such technical development business. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Where a profit is made by the commercialization of technology developed pursuant to paragraph (1), the Fire Commissioner of the National Fire Agency may receive a royalty from such business owner. In such cases, matters necessary for the standards, procedures, etc. for payment of royalties shall be prescribed by Presidential Decree. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (4) | The Fire Commissioner of the National Fire Agency may advise local governments to preferentially purchase technology developed pursuant to paragraph (1) or products related thereto, and fully or partially support financial resources necessary therefor. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| Article 9 (Standardization of Fire-Fighting Equipment, etc.) |
| (1) | To build infrastructure for the development of the firefighting industry and promote the efficient development and quality improvement of firefighting equipment, technology, human resources, etc. (hereinafter referred to as "firefighting equipment, etc."), the Fire Commissioner of the National Fire Agency shall promote the following business affairs: <Amended on Feb. 22, 2012; Nov. 19, 2014; Jul. 26, 2017; Mar. 2, 2018> |
| 1. | Enactment, amendment, and dissemination of the standards for matters that constitute the firefighting industry or repeal of such standards; |
| 2. | Examination, research, and development of the domestic and international standards for enactment and amendment referred to in subparagraph 1; |
| 3. | Other affairs for the standardization of matters that constitute the firefighting industry. |
| (2) | To efficiently promote the business affairs described in paragraph (1), the Fire Commissioner of the National Fire Agency may designate specialized institutions and authorize them to perform the business affairs on the Fire Commissioner’s behalf, and may provide financial support necessary therefor. <Amended on Feb. 22, 2012; Nov. 19, 2014; Jul. 26, 2017; Mar. 2, 2018> |
| (3) | Any of the specialized institutions which performs the business affairs on behalf of the Fire Commissioner of the National Fire Agency in accordance with paragraph (2) shall report the performance results thereof to the Fire Commissioner. <Newly Inserted on Mar. 2, 2018> |
| (4) | Matters necessary for requirements and procedures for designation of specialized institutions under paragraph (2), reporting under paragraph (3), and other relevant matters shall be prescribed by Presidential Decree. <Amended on Mar. 2, 2018> |
[Title Amended on Dec. 2, 2018]
| Article 10 (Expansion of Distribution of Fire-Fighting Equipment) |
| (1) | The Fire Commissioner of the National Fire Agency and Mayors/Do Governors shall endeavor to expand distribution of firefighting equipment to promote the firefighting industry. <Amended on Jul. 16, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The Fire Commissioner of the National Fire Agency or a Mayor/Do Governor may perform a project necessary for the expansion of distribution of firefighting equipment pursuant to paragraph (1) and support activities to facilitate distribution of the certified firefighting equipment. <Amended on Jul. 16, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Matters necessary for implementing projects and supporting activities pursuant to paragraph (2) shall be prescribed by Presidential Decree. |
| Article 11 (Support for Revitalization of Firefighting Industry by Sector) |
To effectively promote policies for fostering each sector of the firefighting industry pursuant to Article 4 (2) 2, the Fire Commissioner of the National Fire Agency or a Mayor/Do Governor may request related specialized institutions and private organizations to perform such policies, and may provide subsidies necessary therefor. <Amended on Jul. 16, 2013; Nov. 19, 2014; Jul. 26, 2017>
| Article 12 (Deliberative Committee on Fire-Fighting Industry Promotion Policies) |
| (1) | A Deliberative Committee on Firefighting Industry Promotion Policies (hereinafter referred to as the "Committee") shall be established under the control of the Fire Commissioner of the National Fire Agency to deliberate on important matters concerning the promotion of the firefighting industry. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The Committee shall deliberate on the following matters: |
| 1. | Formulation of master plans and implementation plans for promoting the firefighting industry or amendment thereof; |
| 2. | Formulation of mid- to long-term promotion strategies of the firefighting industry; |
| 3. | Determination of the priority order of research and development tasks for the promotion of the firefighting industry; |
| 4. | A feasibility study of research and development funds and the distribution of subsidies; |
| 5. | Verification of reliability on firefighting equipment and human resources; |
| 6. | Management of information on the firefighting industry; |
| 7. | Matters concerning joint research on the promotion of the firefighting industry among universities, institutes, and enterprises; |
| 8. | Other matters prescribed by Presidential Decree concerning the promotion of the firefighting industry. |
| (3) | If necessary for deliberation on matters referred to in the subparagraphs of paragraph (2), the Committee may examine, research, or hear opinions of relevant persons. |
| (4) | The Committee may organize and operate technical committees by sector for the efficient operation thereof. |
| (5) | Matters necessary for the organization, operation, etc. of the Committee shall be prescribed by Presidential Decree. |
| Article 13 (Tax and Financial Support, etc.) |
The Fire Commissioner of the National Fire Agency shall devise tax and financial support, and other necessary administrative measures for the promotion of the firefighting industry, and make recommendations thereon to the State. <Amended on Nov. 19, 2014; Jul. 26, 2017>
| Article 14 (Establishment of Korea Fire Institute of Industry and Technology) |
| (1) | The Fire Commissioner of the National Fire Agency may establish the Korea Fire Institute (hereinafter referred to as the "Fire Institute") to efficiently support the promotion and development of the firefighting industry: <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The Fire Institute shall be a corporation. |
| (3) | The Fire Institute shall conduct the following affairs: <Amended on Feb. 22, 2012; Nov. 19, 2014; Jul. 26, 2017; Mar. 2, 2018> |
| 1. | Examination and research on policies and systems for fostering of the firefighting industry and promotion of technology of the firefighting industry; |
| 2. | Creation of the foundation of the firefighting industry and support of starting business; |
| 3. | Support for training professional human resources for the firefighting industry; |
| 4. | Expansion of the distribution of firefighting equipment and support for marketing thereof for the development of the firefighting industry; |
| 5. | Support for international cooperation and overseas expansion for the development of the firefighting industry; |
| 6. | Affairs necessary for the improvement of quality control capabilities and expertise of firefighting business owners; |
| 7. | Securing the quality, quality certification of firefighting equipment, and certification of new technology and new products thereof; |
| 8. | Establishment and operation of database, publications, technical training courses, and publicity on the firefighting industry; |
| 9. | Examination, research, technical development, and support concerning the firefighting machinery or apparatus, firefighting systems, and safety of dangerous substances; |
| 11. | Projects entrusted by, or authorized to be conducted on behalf of, the Fire Commissioner of the National Fire Agency, Mayor/Do Governor, or head of a fire service agency, and prescribed in this Act or other fire service related statutes; |
| 12. | Other affairs necessary for achieving the purposes of the establishment of the Fire Institute. |
| (4) | Except as provided in this Act, the provisions on incorporated foundations under the Civil Act shall apply mutatis mutandis to the Fire Institute. |
| (5) | The Fire Commissioner of the National Fire Agency may contribute funds or provide subsidies to cover expenses incurred in relation to facilities and operation of the Fire Institute, within budgetary limits. <Amended on Feb. 22, 2012; Nov. 19, 2014; Jul. 26, 2017> |
| Article 14-2 (Supervision, etc. of Fire Institute) |
| (1) | The Fire Institute shall obtain approval from the Fire Commissioner of the National Fire Agency regarding its business plans and budgets. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The Fire Commissioner of the National Fire Agency shall guide and supervise following affairs, among business affairs of the Fire Institute: <Amended on Nov. 19, 2014; Jul. 26, 2017; Mar. 2, 2018> |
| 1. | Projects that the Fire Commissioner of the National Fire Agency entrusts to, or authorizes to be conducted by, the Fire Institute on the Fire Commissioner’s behalf, according to the relevant statutes; |
| 2. | Affairs related to the appropriate performance of projects directly related to the affairs under the jurisdiction of the National Fire Agency; |
| 3. | Other affairs determined under the relevant statutes. |
| (3) | If deemed necessary, the Fire Commissioner of the National Fire Agency may require the Fire Institute to report on its business affairs, accounting, and property, or may assign public officials under his/her jurisdiction to inspect its books, documents, or other articles. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
[This Article Newly Inserted on Feb. 22, 2012]
CHAPTER IV REVITALIZATION OF FIRE-FIGHTING INDUSTRY
| Article 15 (Support for Start-Up in Firefighting Industry) |
| (1) | The Fire Commissioner of the National Fire Agency may provide support necessary for starting up business in the firefighting industry and the growth and development of entrepreneurs of the business. <Newly Inserted on Dec. 30, 2014; Jul. 26, 2017> |
| (2) | If deemed necessary for putting new firefighting technology into practical use, notwithstanding the State Property Act or the Public Property and Commodity Management Act, the State or local governments may sell or lease State property or public property to persons prescribed by Presidential Decree by a private contract, such as a person who intends to start up business of putting new firefighting technology into practical use, etc. <Amended on Dec. 30, 2014> |
| (3) | Matters necessary for support for entrepreneurs under paragraph (1) and the price, rent, period of lease, etc. of State property and public property under paragraph (2) shall be prescribed by Presidential Decree. <Amended on Dec. 30, 2014> |
[Title Amended on Dec. 30, 2014]
| Article 15-2 (Support for Commercialization of Fire-Fighting Technology) |
| (1) | The Fire Commissioner of the National Fire Agency may formulate policy initiatives necessary for supporting commercialization of firefighting technology developed under Article 8 (1). <Amended on Jul. 26, 2017> |
| (2) | Matters necessary for support under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 30, 2014]
| Article 16 (Research on Demand for Fire-Fighting Industry and Opening to Public) |
| (1) | The Fire Commissioner of the National Fire Agency shall survey demand for firefighting equipment and investment management plans of the State, local governments, and corporations invested or funded by the State or local governments, or other public organizations, etc. every year, and open such data to firefighting business owners. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | To efficiently promote affairs pursuant to paragraph (1), the Fire Commissioner of the National Fire Agency may designate specialized institutions and entrust them with such affairs, and support the budget necessary therefor. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Matters necessary for procedures and methods of opening data to the public pursuant to paragraph (1) and the designation of and support for specialized institutions pursuant to paragraph (2) shall be prescribed by Presidential Decree. |
| Article 17 (Reporting by Fire-Fighting Business Owners) |
| (1) | If necessary for the promotion of the firefighting industry, such as the facilitation of the use of firefighting equipment and human resources, the Fire Commissioner of the National Fire Agency may request a firefighting business owner to report the scope, details, etc. of his/her business. The same shall also apply where any reported matter is altered. <Amended on Nov. 19, 2014; Dec. 30, 2014; Jul. 26, 2017> |
| (2) | Matters necessary for procedures for reporting pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
| (3) | The Fire Commissioner of the National Fire Agency may entrust the Fire Institute with affairs related to reporting under paragraph (1). <Newly Inserted on Feb. 22, 2012; Nov. 19, 2014; Jul. 26, 2017> |
| Article 17-2 (Purchase of Insurance or Subscription to Mutual Aid for Liability for Compensation of Damage of Firefighting Business Owners ) |
| (1) | Where a firefighting business owner has caused proprietary damage, by intent or negligence, to the object of the relevant service or any third person during the provision of services, he/she shall be held responsible for compensation for such loss or damage. |
| (2) | A firefighting business owner prescribed by Presidential Decree shall purchase an insurance or subscribe to mutual aid, for the purpose of guaranteeing the liability for compensation of damages under paragraph (1). In such cases, any of the following persons shall include expenses incurred for the insurance or mutual aid of firefighting business owners in the costs of contract: |
| 4. | Other institutions or entities prescribed by Presidential Decree. |
| (3) | Matters necessary for the period, types, coverage and means of an insurance or mutual aid pursuant to paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jun. 9, 2020]
CHAPTER V MANAGEMENT OF INFORMATION, ETC. ON FIRE-FIGHTING INDUSTRY
| Article 18 (Management of Information on Fire-Fighting Industry) |
| (1) | To promote the firefighting industry, the Fire Commissioner of the National Fire Agency shall collect and examine information on the firefighting industry in and out of Korea, such as the levels of technology, the actual conditions of research, market trends, and present status of business owners of the firefighting industry, and manage and disseminate such information in a systematic and integrated manner. <Amended on Feb. 22, 2012; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The Fire Commissioner of the National Fire Agency may entrust the Fire Institute with affairs for the management of information on the firefighting industry as specified in paragraph (1), and may provide necessary financial support. <Newly Inserted on Feb. 22, 2012; Nov. 19, 2014; Jul. 26, 2017> |
| Article 18-2 (Statistical Research of Firefighting Industry) |
| (1) | To effectively formulate and implement a master plan and to utilize it for the promotion of the firefighting industry, the Fire Commissioner of the National Fire Agency may conduct statistical research on the firefighting industry. <Amended on Jul. 26, 2017> |
| (2) | Where deemed necessary for conducting statistical research under paragraph (1), the Fire Commissioner of the National Fire Agency may request the heads of central administrative agencies concerned, heads of local governments, heads of public institutions specified in Article 4 of the Act on the Management of Public Institutions, heads of firefighting-related organizations, and firefighting business owners to provide data and information on the current states of human resources, management, etc. related to the firefighting industry. In such cases, those in receipt of such request for provision of data and information shall cooperate therewith, except in extenuating circumstances. <Amended on Jul. 26, 2017> |
| (3) | Matters necessary for conducting, etc. of statistical research under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Jul. 26, 2017> |
[This Article Newly Inserted on Dec. 30, 2014]
| Article 19 (Establishment of Regional Information Standard System of Firefighting Industry) |
| (1) | The State and local governments may build and operate a regional information standard system of the firefighting industry (hereinafter referred to as "regional information standard system") for the integrated connection of the information systems of the firefighting industry of local governments and public and private information systems in the region, and for providing services thereof. |
| (2) | Where a local government builds and operates the regional information standard system, it may promote the regional information standard system in collaboration with other public institutions or private institutions. |
| (3) | Matters concerning the establishment and operation of the regional information standard system shall be prescribed by Presidential Decree. |
CHAPTER VI INTERNATIONAL COOPERATION
| Article 20 (Support for International Cooperation and Overseas Expansion) |
| (1) | The Fire Commissioner of the National Fire Agency or a Mayor/Do Governor may promote the following affairs for expansion of the firefighting industry into overseas markets: <Amended on Nov. 19, 2014; Dec. 30, 2014; Jul. 26, 2017> |
| 1. | Holding, or assisting in participation in, firefighting industry exhibitions; |
| 2. | Overseas marketing and publicity activities of the firefighting industry, and inducement of investment of foreigners therein; |
| 3. | Providing information on overseas expansion; |
| 4. | Assisting in exploration of overseas market and acquisition of overseas certifications; |
| 5. | Other affairs necessary for international cooperation and overseas expansion. |
| (2) | The Fire Commissioner of the National Fire Agency may have institutions or organizations prescribed by Presidential Decree conduct affairs referred to in the subparagraphs of paragraph (1), and may fully or partially subsidize expenses incurred therein. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| Article 21 (Promotion of Utilization of Excellent Overseas Technical Human Resources) |
The Fire Commissioner of the National Fire Agency may formulate and promote the following policies in consultation with the head of the relevant central administrative agency so that the domestic main developing body of firefighting technology may induce excellent overseas technical human resources, utilize them, and actively conduct technical development activities related to the firefighting industry: <Amended on Nov. 19, 2014; Jul. 26, 2017>
| 1. | Subsidization to domestic firefighting technology developers attracting excellent overseas technical human resources; |
| 2. | Other matters prescribed by Presidential Decree for the promotion of invitation and utilization of excellent overseas technical human resources. |
| Article 22 (Promotion of Inducement of Excellent Overseas Research and Development Institutions) |
The Fire Commissioner of the National Fire Agency or a Mayor/Do Governor may support the following matters to invite excellent research and development institutions overseas prescribed by Presidential Decree (hereinafter referred to as "overseas research institutions"): <Amended on Jul. 16, 2013; Nov. 19, 2014; Jul. 26, 2017>
| 1. | Participation in technical development projects related to the firefighting industry of overseas research institutions having a presence in the Republic of Korea; |
| 2. | Education, training, and employment of research human resources of overseas research institutions having a presence in the Republic of Korea; |
| 3. | Support for location of overseas research institutions having a presence in the Republic of Korea; |
| 4. | Other matters prescribed by Presidential Decree for invitation of overseas research institutions. |
CHAPTER VII MUTUAL AID ASSOCIATION OF FIRE-FIGHTING INDUSTRY
| Article 23 (Establishment of Mutual Aid Association of Firefighting Industry) |
| (1) | Firefighting business owners may establish the Mutual Aid Association of the Fire-Fighting Industry (hereinafter referred to as the "Mutual Aid Association") which grants various loans, guarantees, etc. with authorization from the Fire Commissioner of the National Fire Agency for the promotion of mutual collaboration and autonomous economic activities and the sound development of the firefighting industry. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The Mutual Aid Association shall be a corporation. |
| (3) | Matters necessary for authorization procedures for the establishment, the details of terms of the articles of association, operation and supervision, etc. of the Mutual Aid Association shall be prescribed by Presidential Decree. |
| (4) | Notwithstanding Article 52 of the Civil Act, the registration of alteration of the total amount of money invested may be made within three months after the expiration of the fiscal year as at the end of each fiscal year. |
| Article 24 (Affairs of Mutual Aid Association) |
| (1) | The Mutual Aid Association shall conduct the following affairs: <Amended on Feb. 22, 2012; Dec. 30, 2014> |
| 1. | Lending and investing funds necessary for the development of firefighting equipment, technical improvement of firefighting human resources, and stable management of firefighting business enterprises; |
| 3. | Support for the distribution of firefighting equipment to institutions, organizations, etc. prescribed by Presidential Decree; |
| 4. | Where a firefighting business owner intends to borrow a fund necessary for the development of firefighting equipment, technical improvement of firefighting human resources, and stable management of a firefighting business enterprise, guarantees for such debt; |
| 5. | Provision of guarantee necessary for the performance of its members' duties; |
| 6. | Establishment and operation of database on firefighting business enterprises; |
| 7. | Mutual aid affairs for guaranteeing liabilities for compensation of damage caused by its members in the course of performing their business; |
| 8. | Mutual aid affairs for improving welfare of persons employed by its members and compensating for their losses caused by accidents on duty; |
| 10. | Affairs prescribed by its articles of association as affairs incidental to those prescribed in subparagraphs 1 through 9. |
| (2) | No mutual aid affair specified in paragraph (1) 7 and 8 shall be conducted directly by the Mutual Aid Association. <Newly Inserted on Dec. 30, 2014> |
| Article 25 (Creation of Basic Property) |
| (1) | The basic property of the Mutual Aid Association shall be created with the following financial resources in order to efficiently conduct mutual aid affairs: |
| 1. | Money invested, mutual aid installments, deposit money and contributions by members of the Mutual Aid Association; |
| 2. | Other financial resources prescribed by Presidential Decree. |
| (2) | Contributions among the basic property referred to in paragraph (1) shall be accounted as capital. |
| Article 26 (Regulations for Mutual Aid) |
| (1) | When the Mutual Aid Association intends to conduct mutual aid affairs pursuant to Article 24, it shall prescribe the regulations for mutual aid. |
| (2) | Matters necessary for the kinds, objects, installments, reserves, reserve funds, etc. of mutual aid affairs and the creation, operation, etc. of the basic property shall be prescribed in the regulations for mutual aid referred to in paragraph (1). |
| (3) | The Mutual Aid Association shall obtain approval from the Fire Commissioner of the National Fire Agency on kinds and objects of mutual aid affairs, and other important matters prescribed by Presidential Decree, among the matters prescribed by the regulations for mutual aid pursuant to paragraph (2). The same shall also apply when it intends to alter approved matters. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| Article 27 (Accumulation of Reserves for Compensation of Losses) |
| (1) | The Mutual Aid Association may, in order to compensate for losses incurred by mutual aid affairs, have users of mutual aid bear reserves for compensation of losses (hereinafter referred to as "reserves"), and may accumulate and operate them as a separate reserve account. |
| (2) | Matters necessary for the accumulation and operation of reserves pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
| Article 28 (Responsibility of Mutual Aid Association) |
| (1) | When a ground to pay guaranty money arises as prescribed by statutes, contracts or such with respect to matters guaranteed, the Mutual Aid Association shall pay such guaranty money to a guarantee creditor. |
| (2) | The right to guaranty money which a guarantee creditor holds against the Mutual Aid Association pursuant to paragraph (1) shall extinguish due to extinctive prescription unless it is exercised for two years from the expiry date of the guarantee period. |
| Article 28-2 (Examination, etc. of State of Construction) |
The Mutual Aid Association may require its personnel to enter a construction site which it has provided a guarantee, and to examine the state of construction, and may present opinions needed by its member who conducts the relevant construction works.
[This Article Newly Inserted on Dec. 30, 2014]
| Article 29 (Transfer of Stake) |
| (1) | Any former or current member of the Mutual Aid Association may transfer his/her stake to any other member or persons who intend to be members of the Mutual Aid Association, as prescribed by Presidential Decree. |
| (2) | Any person who obtains a stake by transfer pursuant to paragraph (1) shall succeed to rights and duties of a transferor on such stake. |
| (3) | Transfer of a stake and the establishment of the right of pledge shall be in accordance with the methods of transfer of stocks and the establishment of a right of pledge pursuant to the Commercial Act. <Amended on May 20, 2014> |
| (4) | Except for cases where a stake is provided as security of debt to the Mutual Aid Association, it shall not be used for the purpose of security. |
| (5) | Provisional attachment or attachment of a stake which is conducted by civil execution procedures or procedures of disposition on default of national taxes, etc. shall be in accordance with the method of provisional attachment or attachment of debt payable to order pursuant to the Civil Execution Act. |
| Article 30 (Acquisition, etc. of Stake of Mutual Aid Association) |
| (1) | Only when any of the following reasons arises, the Mutual Aid Association may acquire stakes of persons who are current or former members of the Mutual Aid Association: Provided, That when a reason falling under subparagraph 1 or 3 arises, it shall acquire such stakes: |
| 1. | When it intends to reduce capital; |
| 2. | When it is necessary for the Mutual Aid Association to exercise a security right as a person who holds a right against the members of the Mutual Aid Association; |
| 3. | When any member or any person who was expelled from membership or who withdrew from the Mutual Aid Association requests it to acquire his/her stake for the withdrawal of his/her money invested. |
| (2) | When the Mutual Aid Association acquires a stake pursuant to paragraph (1), it shall take the following measures without delay: |
| 1. | When it acquires a stake on the grounds referred to in paragraph (1) 1, the procedures of decreasing capital; |
| 2. | When it acquires a stake on the grounds referred to in paragraph (1) 2 and 3, disposition of a stake to other members or persons who intend to become members. |
| (3) | Deleted. <Feb. 22, 2012> |
| Article 31 (Designation of Representative) |
The Mutual Aid Association may designate a representative who may do all the judicial or extrajudicial acts on the affairs of the relevant Mutual Aid Association from among its executive officers or employees.
| Article 32 (Disposal of Profits, etc.) |
| (1) | Deleted. <Feb. 22, 2012> |
| (2) | When the Mutual Aid Association is dissolved, it shall dispose of its remaining assets pursuant to Article 80 of the Civil Act: Provided, That it shall dispose of money invested by the members among the remaining assets in accordance with a resolution of a general meeting. |
| Article 33 (Liability of Reparation, etc.) |
| (1) | When an executive officer of the Mutual Aid Association inflicts a loss on the Mutual Aid Association because he/she has violated any statute or the articles of association, or has neglected his/her duties, such executive officer shall take the joint responsibility for reparation of the loss to the Mutual Aid Association. |
| (2) | When any person who is engaged in the affairs of the Mutual Aid Association inflicts a loss on the Mutual Aid Association when conducting such affairs, he/she shall take the responsibility for making reparation for it limited to cases where he/she has inflicted the loss by intention or gross negligence: Provided, That except for cases where he/she has inflicted the loss by intention, his/her responsibility may be lightened. |
CHAPTER VIII SUPPLEMENTARY PROVISIONS
| Article 34 (Reporting, etc.) |
| (1) | When necessary to achieve the purposes of this Act, the Fire Commissioner of the National Fire Agency may require any person who has received tax and financial support pursuant to Article 13 and support of international cooperation and overseas expansion pursuant to Article 20 to file a report on the conditions of the conduct of the related affairs or have a public official under his/her control examine the said conditions or question the persons concerned, as prescribed by Presidential Decree. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | Any public official who examines or questions pursuant to paragraph (1) shall carry a certificate evidencing his/her authority and produce it to interested parties. |
| Article 35 (Restrictions on Overlapping Examination) |
| (1) | The Fire Commissioner of the National Fire Agency shall ascertain whether any similar examination has been carried out before conducting an examination lest overlapping examinations be conducted to the same person subject to examination. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | Except for cases where evidentiary materials proving any illegal act exist, any public official who conducts an examination shall not reexamine the same person who has already been examined. |
ADDENDA <Act No. 9094, Jun. 5, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Korea Fire Inspection Corporation)
The Korea Fire Inspection Corporation established pursuant to the previous provisions of the Framework Act on Fire Services at the time this Act enters into force shall be deemed the Korea Institute of Fire Industry and Technology established pursuant to Article 14. Article 3 Omitted.
ADDENDA <Act No. 11037, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 11342, Feb. 22, 2012>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 11895, Jul. 16, 2013>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 12591, May 20, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended parts of the Acts promulgated before this Act enters into force, but the enforcement dates of which have not arrived yet, among the Acts amended pursuant to Article 6 of the Addenda, shall enter into force on the enforcement dates of the relevant Acts, respectively.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 12937, Dec. 30, 2014>
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 any Act amended by Article 5 of this Addenda, which was promulgated before this Act enters into force but the enforcement date of which has yet to arrive, shall enter into force on the enforcement date of each relevant Act.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 15301, Dec. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation
Article 2 Omitted.
ADDENDUM <Act No. 15418, Mar. 2, 2018>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 17377, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Purchase of Insurance or Subscription to Mutual Aid)
A person who purchases any insurance or subscribes to a mutual aid to guarantee the liability for compensation of damage of a firefighting business owner at the time this Act enters into force shall be deemed to purchase the insurance or subscribe to the mutual aid under the amended provisions of Article 17-2 (2).