ACT ON 119 RESCUE AND EMERGENCY MEDICAL SERVICES
Act No. 10442, Mar. 8, 2011
Amended by Act No. 11403, Mar. 21, 2012
Act No. 11690, Mar. 23, 2013
Act No. 12844, Nov. 19, 2014
Act No. 13569, Dec. 15, 2015
Act No. 13913, Jan. 27, 2016
Act No. 14839, Jul. 26, 2017
Act No. 15298, Dec. 26, 2017
Act No. 17512, Oct. 20, 2020
Act No. 17832, Jan. 5, 2021
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to strengthen the national capacity to rescue and provide emergency medical services, protect the lives, bodies, and property of the people, and contribute to the improvement of the quality of lives of the people by prescribing necessary matters concerning the efficient operation of 119 rescue and emergency medical services in the cases of fire, disaster, accident, terrorism, or other emergencies.
The definitions of the terms used in this Act are as follows: <Amended on Jan. 27, 2016; Oct. 20, 2020; Jan. 5, 2021>
| 1. | The term "rescue" means all operations performed to protect life, body, and property of a person who needs outside help (hereinafter referred to as "person in need of rescue") in the cases of fire, disaster, accident or terrorism, and other emergencies (hereinafter referred to as "emergency"); |
| 2. | The term "119 rescue squad" means a unit organization comprised of firefighting officials and provided with equipment necessary for search and rescue operations; |
| 3. | The term "emergency medical services" means services, including consultation, first aid, and transportation provided to emergency patients; |
| 4. | The term "119 EMS (emergency medical services) team" means a unit organization comprised of firefighting officials with equipment necessary for emergency medical services; |
| 9. | The term “119 aviation squad” means a unit organization comprised of aircraft, equipment for rescue operations and emergency medical services, and 119 aviation squad members; |
| 10. | The term "119 aviation squad member" means a pilot, a mechanic, an air traffic controller, a flight dispatcher, or 119 rescuer or first responder who works for the 119 aviation squad for rescue operations and emergency medical services; |
| Article 3 (Responsibilities of the State) |
| (1) | The State and local governments shall formulate and promote policies for research and development of new technology related to 119 rescue operations and emergency medical services (hereinafter referred to as "rescue operations and emergency medical services") and for the improvement of the quality of rescue operations and emergency medical services. |
| (2) | The State and local governments shall establish a system to effectively perform rescue operations and emergency medical services, procure equipment for rescue operations and emergency medical services, and lay the foundation for rescue operations and emergency medical services. |
| (3) | The State and each local government shall actively endeavor to conduct education and public relations to improve people’s capability to respond to an emergency to protect their lives and bodies. |
| Article 4 (Rights and Duties of People) |
| (1) | Where any person is in an emergency, he/she shall have a right to secure his/her life through expeditious rescue operations and emergency medical services provided by the State and local governments. |
| (2) | Upon receipt of a request for assistance necessary for rescue operations and emergency medical services in an emergency from any 119 rescuer, 119 first responder, and 119 aviation squad member (hereinafter referred to as "rescuer and first responder"), a person shall provide such assistance in the absence of special circumstances. <Amended on Oct. 20, 2020> |
| (3) | Where anyone finds a person in an emergency and in need of rescue, he/she shall report to a fire service agency or a relevant administrative agency without delay, and make efforts to rescue the person in need of rescue or lest his/her injury, etc. should become worse until any 119 rescue and emergency squad, 119 EMS team, and 119 aviation squad (hereinafter referred to as "rescue and emergency squad") arrive. <Amended on Oct. 20, 2020> |
| Article 5 (Relationship to Other Statutes) |
Except as otherwise provided for in other statutes, this Act shall apply to rescue operations and emergency medical services.
CHAPTER II MASTER PLAN, ETC. OF RESCUE OPERATIONS AND EMERGENCY MEDICAL SERVICES
| Article 6 (Formulation and Implementation of Master Plans, etc. for Rescue Operations and Emergency Medical Services) |
| (1) | The Fire Commissioner of the National Fire Agency shall formulate and implement a master plan for rescue operations and emergency medical services (hereinafter referred to as "master plan") in consultation with the heads of the relevant central administrative agencies to provide services specified in Article 3 as prescribed by Presidential Decree. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | A master plan shall include the following: |
| 1. | Basic direction-setting for the policies for improvement of the quality of rescue operations and emergency medical services; |
| 2. | Establishment of a system, and research, development, and dissemination of technology necessary for rescue operations and emergency medical services; |
| 3. | Procurement of equipment necessary for rescue operations and emergency medical services; |
| 4. | Training of professionals in rescue operations and emergency medical services; |
| 5. | Foundation-laying for rescue operations and emergency medical services; |
| 6. | Education and public relations of rescue operations and emergency medical services; |
| 7. | Other matters necessary for the efficient performance of rescue operations and emergency medical services. |
| (3) | The Fire Commissioner of the National Fire Agency shall formulate and implement an annual action plan on rescue operations and emergency medical services (hereinafter after referred to as "action plan") every year according to the master plan. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (4) | The Fire Commissioner of the National Fire Agency shall notify the heads of the relevant central administrative agencies, the Special Metropolitan City Mayor, Metropolitan City Mayors, the Metropolitan Autonomous City Mayor, Do Governors, the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayors/Do Governors") of a master plan and an action plan formulated pursuant to paragraphs (1) and (3), and submit the plans to the competent Standing Committee of the National Assembly. <Amended on Mar. 21, 2012; Nov. 19, 2014; Jul. 26, 2017> |
| (5) | If necessary for formulating a master plan and an action plan, the Fire Commissioner of the National Fire Agency may request the heads of the relevant central administrative agencies or Mayors/Do Governors to submit related materials. In such cases, the heads of the relevant central administrative agencies or Mayors/Do Governors requested to submit materials shall comply therewith in the absence of special circumstances. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| Article 7 (Formulation and Implementation of City/Do Action Plans for Rescue Operations and Emergency Medical Services) |
| (1) | The head of each fire headquarter shall formulate an action plan on rescue operations and emergency medical services (hereinafter referred to as "City/Do action plan") of the Special Metropolitan City, a Metropolitan City, the Metropolitan Autonomous City, a Do or the Special Self-Governing Province (hereinafter referred to as "City/Do") every year according to a master plan and an action plan for expeditious and smooth rescue operations and emergency medical services in his/her jurisdiction and submit the same to the Fire Commissioner of the National Fire Agency. <Amended on Mar. 21, 2012; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | If necessary for formulating a City/Do action plan, the head of the fire headquarters may request the Governor of the relevant Special Self-Governing Province or the head of the relevant Si/Gun/Gu (the head of the relevant Gu refers to the head of a relevant autonomous Gu; hereinafter the same shall apply) to submit related materials. In such cases, the Governor of the relevant Special Self-Governing Province or the head of the relevant Si/Gun/Gu, upon receipt of such request, shall comply therewith in the absence of special circumstances. |
| (3) | Timing for formulating a City/Do action plan, the details thereof, and other necessary matters shall be prescribed by Presidential Decree. |
CHAPTER III ORGANIZATION AND OPERATION OF RESCUE SQUADS, EMERGENCY SQUADS, ETC.
| Article 8 (Organization and Operation of 119 Rescue Squads) |
| (1) | The Fire Commissioner of the National Fire Agency, the head of a fire headquarter, or the chief of a fire station (hereinafter referred to as "the Fire Commissioner of the National Fire Agency, etc.") shall organize and operate 119 rescue squads (hereinafter referred to as "rescue squad"), as prescribed by Presidential Decree, expeditiously and smoothly to perform operations to save the life, etc. of a person in need of rescue in an emergency. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The type of rescue squads, standards and qualifications for rescuers, and other necessary matters shall be prescribed by Presidential Decree. |
| (3) | A rescue squad shall have equipment prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 9 (Organization and Operation of International Rescue Squads) |
| (1) | When a severe disaster occurs abroad or in a similar case, the Fire Commissioner of the National Fire Agency may organize and operate an international rescue squad for the protection of Korean residents abroad or humanitarian rescue operations for the people in the country hit by a disaster. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The Fire Commissioner of the National Fire Agency may dispatch an international rescue squad under paragraph (1) to a country hit by a disaster in consultation with the Minister of Foreign Affairs. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | The Fire Commissioner of the National Fire Agency may conduct education and training for rescuers in preparation for dispatching the international rescue squad under paragraph (1) to abroad. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (4) | The Fire Commissioner of the National Fire Agency may promote policies for establishing a collaboration system with related international organizations, such as the United Nations, for collecting information on overseas disasters, and for conducting relevant technical research, etc. to improve the capability of an international rescue squad prescribed in paragraph (1) to respond to overseas disasters. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (5) | If necessary to dispatch an international rescue squad to a country hit by a disaster pursuant to paragraph (2), the Fire Commissioner of the National Fire Agency may request the heads of the relevant central administrative agencies or the Mayors/Do Governors to dispatch public officials and support equipment. In such cases, the heads of the relevant central administrative agencies or the Mayors/Do Governors shall comply with such request in the absence of special circumstances. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (6) | The organization, dispatch, education, and training of an international rescue squad provided for in paragraphs (1) through (5), health management of the international rescue squad after returning to Korea from abroad, and other necessary matters shall be prescribed by Presidential Decree. |
| (7) | An international rescue squad under paragraph (1) shall have equipment prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 10 (Organization and Operation of 119 EMS Teams) |
| (1) | The Fire Commissioner of the National Fire Agency, etc. shall organize and operate 119 EMS teams (hereinafter referred to as "emergency squad"), as prescribed by Presidential Decree, to perform emergency medical services, such as administration of first aid to an emergency patient injured in an emergency or urgent transportation of him/her to a medical institution. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The kinds of emergency squad, standards and qualifications for rescuers, persons subject to transportation, and other necessary matters shall be prescribed by Presidential Decree. |
| (3) | An emergency squad shall have equipment prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 10-2 (Establishment, Operation, etc. of 119 Emergency Control Centers) |
| (1) | The Fire Commissioner of the National Fire Agency shall establish and operate a 119 emergency control center (hereinafter referred to as “emergency control center”) within the National Fire Agency and the City/Do fire headquarters to efficiently provide information on the transportation of emergency patients to 119 first responders, etc. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | Emergency control centers shall provide the following services: <Amended on Oct. 20, 2020> |
| 1. | Guidance, consultation, and instruction on emergency patients; |
| 2. | Instruction on the first aid for persons transporting emergency patients and guidance on destination hospitals; |
| 3. | Utilization and provision of information related to subparagraphs 1 and 2; |
| 4. | Establishment of information networks related to 119 emergency transportation and management and operation thereof; |
| 5. | Reporting and disseminating important information, such as transfer of patients of infectious diseases, etc. under Article 23-2 (1); |
| 6. | Providing emergency medical services, such as medical consultation for overseas Korean nationals, seafarers in territorial waters or open seas, and crew and passengers of aircraft. |
| (3) | Establishment and operation of emergency situation centers and other necessary matters shall be prescribed by Presidential Decree. |
| (4) | The Minister of Health and Welfare may assess services provided under paragraph (2), and the Fire Commissioner of the National Fire Agency shall provide necessary data, such as records referred to in Article 22 (1), where the Minister of Health and Welfare requests so in order to collect data related to such assessment. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (5) | The Fire Commissioner of the National Fire Agency shall ensure that information on the transportation of emergency patients is linked to an emergency medical service computer network referred to in Article 25 (1) 6 of the Emergency Medical Service Act. <Amended on Nov. 19, 2014; Jul. 26, 2017; Oct. 20, 2020> |
[This Article Newly Inserted on Mar. 21, 2012]
| Article 10-3 (Operation of 119 Ambulances) |
| (1) | The Fire Commissioner of the National Fire Agency, etc. shall operate ambulances (hereinafter referred to as "119 ambulances") for the urgent transportation of emergency patients to medical institutions. <Amended on Jul. 26, 2017> |
| (2) | Matters concerning the operation of 119 ambulances which are not prescribed in the statutes related to emergency medical services or which need to be prescribed exceeding the range of the matters prescribed in the statutes related to emergency medical services, such as standards for arrangement and equipment (excluding medical equipment and first aid medical supplies) of 119 ambulances, shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Jul. 26, 2017> |
[This Article Newly Inserted on Jan. 27, 2016]
| Article 11 (Integrated Organization and Operation of Rescue Squads and Emergency Squads) |
Notwithstanding Articles 8 (1), 10 (1) and 12 (1), the Fire Commissioner of the National Fire Agency, etc. may organize and operate an integrated rescue and emergency squad. <Amended on Nov. 19, 2014; Jul. 26, 2017; Oct. 20, 2020>
| Article 12 (Organization and Operation of 119 Aviation Squad) |
| (1) | The Fire Commissioner of the National Fire Agency or the head of a fire headquarters shall organize and operate a 119 aviation squad (hereinafter referred to as "aviation squad") to safely rescue a person in need of rescue in a super high-rise building, etc. or transport an emergency patient from an island or remote place to a medical institution urgently. <Amended on Nov. 19, 2014; Jul. 26, 2017; Oct. 20, 2020> |
| (2) | The organization, operation, and duties of an aviation squad, qualifications of aviation squad members, and other necessary matters shall be prescribed by Presidential Decree. <Amended on Oct. 20, 2020> |
| (3) | An aviation squad shall have equipment prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Oct. 20, 2020> |
[Title Amended on Oct. 20, 2020]
| Article 12-2 (Establishment and Operation of 119 Flight Operations Control Office) |
| (1) | The Commissioner of the National Fire Agency shall establish and operate a 119 flight operations control office under the National Fire Agency for the safe and prompt mobilization of firefighting aircraft and the management, coordination, and control of systematic field activities. |
| (2) | The duties of the 119 flight operations control office under paragraph (1) shall be as follows: |
| 1. | Operation and control of firefighting helicopters dispatched to disaster scenes; |
| 2. | Request for mobilization of emergency medical helicopters of a related central administrative agency; |
| 3. | Request for mobilization of helicopters of a related central administrative agency and the control of airspace and field command; |
| 4. | Construction, management, and operation of integrated information and safety control systems of firefighting aircraft; |
| 5. | Formulation of education and training plans for the efficient operation management of firefighting aircraft. |
| (3) | Matters necessary for the establishment, operation, etc. of the 119 flight operations control office shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Oct. 20, 2020]
[Enforcement Date: Oct. 21, 2021] Article 12-2
| Article 12-3 (Establishment and Operation of 119 Aircraft Maintenance Office) |
| (1) | The Fire Commissioner of the National Fire Agency may establish and operate a 119 aircraft maintenance office (hereinafter referred to as the "Maintenance Office") under the National Fire Agency to professionally perform integrated maintenance and management of firefighting helicopters of an aviation squad organized pursuant to Article 12 (1). |
| (2) | The Maintenance Office shall perform the following duties: |
| 1. | Formulation, implementation, etc. of maintenance and operation plans for firefighting helicopters; |
| 2. | Repairing serious defects, and performance, etc. of major maintenance work; |
| 3. | Operation and management of specialized equipment, etc. necessary for maintenance; |
| 4. | Operation and management of supply and demand of parts necessary for maintenance; |
| 5. | Education and training of technicians and maintenance of their qualifications; |
| 6. | Management and maintenance of firefighting helicopter maintenance manuals and maintenance-related documents and records; |
| 7. | Other matters necessary to perform maintenance of firefighting helicopters. |
| (3) | The establishment and operation of the Maintenance Office and other necessary matters shall be prescribed by Presidential Decree. |
| (4) | Necessary matters concerning the standards for human resources, facilities, and equipment of the Maintenance Office shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
[This Article Newly Inserted on Jan. 5, 2021]
[Enforcement Date: Jan. 6, 2022] Article 12-3
| Article 12-4 (Organization and Operation of 119 Canine Rescue Squads) |
| (1) | The Fire Commissioner of the National Fire Agency and the heads of fire headquarters shall organize and operate 119 canine rescue squads to assist firefighting activities under Article 4 of the Framework Act on Firefighting Services and to promote efficient performance of duties in an emergency. |
| (2) | The Fire Commissioner of the National Fire Agency shall establish and operate a rescue dog training and supply institution to train and supply 119 rescue dogs (hereinafter referred to as "rescue dogs") and to educate and train rescue dog handlers. |
| (3) | The organization and operation of 119 canine rescue squads under paragraph (1), the establishment and operation of the rescue dog training and supply institution under paragraph (2), and other necessary matters shall be prescribed by Presidential Decree. |
| (4) | Each 119 canine rescue squad shall have equipment prescribed by Ordinance of the Ministry of the Interior and Safety. |
[This Article Newly Inserted on Jan. 5, 2021]
CHAPTER IV RESCUE OPERATIONS AND EMERGENCY MEDICAL SERVICES, ETC.
| Article 13 (Rescue Operations and Emergency Medical Services) |
| (1) | In the case of an emergency, the Fire Commissioner of the National Fire Agency, etc. shall expeditiously dispatch a rescue and emergency squad to the scene to save lives, administer first aid, transport a patient by ambulance, etc., and perform other necessary operations. <Amended on Nov. 19, 2014; Jul. 26, 2017; Oct. 20, 2020> |
| (2) | Nobody shall interfere with rescue operations and emergency medical services referred to in paragraph (1). |
| (3) | In the case of a non-critical incident prescribed by Presidential Decree, the Fire Commissioner of the National Fire Agency, etc. may choose not to dispatch a rescue and emergency squad. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| Article 14 (Cooperation with Related Agencies) |
| (1) | If necessary for rescue operations and emergency medical services, the Fire Commissioner of the National Fire Agency, etc. may request the Mayor/Do Governor or the head of a Si/Gun/Gu to cooperate in such operations and services. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The Mayor/Do Governor or the head of a Si/Gun/Gu shall comply with such a request in the absence of special circumstances. |
| Article 15 (Emergency Measures for Rescue Operations and Emergency Medical Services) |
| (1) | If deemed necessary for rescue operations and emergency medical services, the Fire Commissioner of the National Fire Agency, etc. may use a third person's land, buildings, or other goods temporarily, restrict the use thereof, or dispose thereof, or have access to a third person's land or buildings. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | Where a person suffers a loss owing to measures taken under paragraph (1), the Fire Commissioner of the National Fire Agency, etc. shall compensate him/her for such loss, as prescribed by Presidential Decree. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| Article 16 (Transfer or Handing over of Saved Persons and Goods) |
| (1) | The Fire Commissioner of the National Fire Agency, etc. shall transfer custody of a person saved through rescue operations (hereinafter referred to as "saved person") pursuant to Article 13 (1) or a dead person identified, to his/her guardian or his/her bereaved family without delay. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | Where there is an owner of goods recovered (hereinafter referred to as "recovered goods") after rescue operations and emergency medical services under Article 13 (1), the Fire Commissioner of the National Fire Agency, etc. shall hand over such goods to the owner. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (3) | In any of the following subparagraphs, the Fire Commissioner of the National Fire Agency, etc. shall transfer or hand over the custody of the saved person, the dead person, or the recovered goods to the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu (where a disaster and safety countermeasures headquarters has been organized under Article 14 or 16 of the Framework Act on the Management of Disasters and Safety, referring to the director general of the relevant disaster and safety countermeasures headquarters; hereinafter the same shall apply): <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Where a saved person or a dead person is not identified; |
| 2. | Where there is no guardian or bereaved family to whom the custody of a save person or a dead person is transferred; |
| 3. | Where an owner of recovered goods is not known. |
| Article 17 (Protection of Saved Persons) |
The Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu who is transferred a saved person pursuant to Article 16 (3) shall take necessary protective measures, such as the provision of accommodation, meals and clothes, and medical treatment, and take proper measures for a dead person, such as placing the dead in a mortuary.
| Article 18 (Disposal of Recovered Goods) |
| (1) | The Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu who is handed over goods recovered pursuant to Article 16 (3) shall keep such goods safely. |
| (2) | Procedures for disposal of goods handed over pursuant to paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 19 (Contact with Family and Related Agencies) |
| (1) | After rescuers and first responders save a person in need of rescue or an emergency patient, or administer first aid to him/her in the absence of any guardian at the scene of rescue operations and emergency medical services under Article 13 (1), they shall immediately inform his/her family or the relevant persons of the circumstances of rescue and the condition of the person in need of rescue or the emergency patient. |
| (2) | Where rescuers and first responders have no contact information on a family or a related person of a person in need of rescue or an emergency patient, they shall notify the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu of the relevant district where an emergency occurs of the fact. |
| (3) | Where rescuers and first responders cannot identify a person in need of rescue or an emergency patient, they may request a police office to identify him/her. |
| Article 20 (Request for Support for Rescue Operations and Emergency Medical Services) |
| (1) | Where human resources and equipment are insufficient in performing rescue operations and emergency medical services, the Fire Commissioner of the National Fire Agency, etc. may request medical institutions in his/her jurisdiction, ambulance operators, etc. referred to in Article 44 of the Emergency Medical Service Act, or institutions or organizations related to rescue operations and emergency medical services (hereafter referred to as "medical institutions, etc." in this Article) to support human resources and equipment necessary for rescue operations and emergency medical services, as prescribed by Presidential Decree. In such cases, medical institutions, etc. in receipt of such request shall comply therewith unless any justifiable ground exists. <Amended on Nov. 19, 2014; Dec. 15, 2015; Jul. 26, 2017> |
| (2) | Persons who participate in rescue operations and emergency medical services upon request for support under paragraph (1) shall follow the measures taken by the Fire Commissioner of the National Fire Agency, etc. <Newly Inserted on Dec. 15, 2015; Jul. 26, 2017> |
| (3) | Ambulance operators, etc. who participate in support activities under paragraph (1) shall transport emergency patients to medical institutions designated by the Fire Commissioner of the National Fire Agency, etc. <Newly Inserted on Dec. 15, 2015; Jul. 26, 2017> |
| (4) | The Fire Commissioner of the National Fire Agency, etc. shall control the current status of medical institutions which shall respond to a request for support under paragraph (1), as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (5) | The Fire Commissioner of the National Fire Agency, etc. may reimburse the expenses to medical institutions, etc. that participate in rescue operations and emergency medical services pursuant to paragraph (1). <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| Article 21 (Cooperation between Both Rescuers and First Responders and Police Officers) |
| (1) | Where rescuers and first responders perform rescue operations and emergency medical services in an emergency related to a crime case, they shall mutually cooperate with police officers. |
| (2) | In a circumstance where a person in need of rescue or emergency patient is suspected to be involved in a crime case, rescuers and first responders shall notify a police office of the fact immediately and perform rescue operations and emergency medical services while paying attention to the preservation of evidence: Provided, That where the person is in a critical condition, they may save him/her or transport him/her to a medical institution first and then inform a police office of the fact. |
| Article 22 (Keeping of Records of Rescue Operations and Emergency Medical Services) |
| (1) | The Fire Commissioner of the National Fire Agency, etc. shall record and keep the status of rescue operations and emergency medical services and relevant matters. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The preparation, keeping, and management of a daily record of the conditions of rescue operations and emergency medical services, 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> |
| Article 22-2 (Collection of Information on Transported Patients) |
Where an emergency squad has transported emergency patients to medical institutions, the Fire Commissioner of the National Fire Agency may request the relevant medical institutions to provide information on diagnoses and conditions of the emergency patients, including major symptoms, whether any patient is dead, and seriousness of injuries, to the extent necessary to identify the number of transported patients and their symptoms and to autonomously evaluate the propriety of the first-aid. In such cases, a medical institution in receipt of such request shall comply therewith unless any justifiable ground exists. <Amended on Jul. 26, 2017>
[This Article Newly Inserted on Dec. 15, 2015]
| Article 23 (Establishment and Implementation of Measures, etc. for Prevention of Safety Accidents on Rescuers and First Responders) |
| (1) | The Fire Commissioner of the National Fire Agency shall establish and implement measures for the prevention of accidents and infection, health care, etc. (hereinafter referred to as "measures for the prevention of accidents, etc.") for rescuers and first responders. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | Necessary matters concerning the establishment of measures for the prevention of accidents, etc. shall be prescribed by Presidential Decree. |
| Article 23-2 (Notification, etc. of Patients of Infectious Diseases, etc.) |
| (1) | Where any emergency patient transported by an emergency squad is diagnosed as a patient of an infectious disease, a probable patient of an infectious disease, a pathogen carrier, or a person suspected of contracting an infectious disease (hereafter in this Article referred to as "patient of an infectious disease, etc.") defined in subparagraphs 13 through 15 and 15-2 of Article 2 of the Infectious Disease Control and Prevention Act, the Commissioner of the Korea Disease Control and Prevention Agency and the head of the relevant medical institution shall notify the Fire Commissioner of the National Fire Agency, etc. of such fact immediately. In such cases, the notification may be given through an information system. <Amended on Jul. 26, 2017; Oct. 20, 2020> |
| (2) | The Fire Commissioner of the National Fire Agency, etc. shall take measures for the rescuers and first responders who have contacted a patient of an infectious disease, etc. to receive appropriate medical treatment. <Amended on Jul. 26, 2017> |
| (3) | Specified recipients of notification and methods and procedures for notification pertaining to patients of infectious diseases, etc. referred to in paragraph (1) and matters necessary for taking measures under paragraph (2) shall be prescribed by Presidential Decree. <Amended on Oct. 20, 2020> |
[This Article Newly Inserted on Dec. 15, 2015]
| Article 24 (Commutation Owing to Rescue Operations and Emergency Medical Services) |
Where any of the following persons causes death or injury to a person in need of rescue to death and injury in the process of rescue operations and emergency medical services, and if such rescue operations and emergency medical services are inevitable and there is no gross negligence of the rescuer or first responder, etc., the punishments under Articles 266 through 268 of the Criminal Act may be commutated or indemnified in consideration of the extenuating circumstances: | 1. | A person who saved, or took necessary measures for, a person in need of rescue in an emergency pursuant to Article 4 (3); |
| 2. | A person who performed rescue operations and emergency medical services pursuant to Article 13 (1). |
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 25 (Strengthening, etc. of Professionalism of Rescuers and First Responders) |
| (1) | The Fire Commissioner of the National Fire Agency shall operate education and training programs necessary for training professional rescuers and first responders and their technical improvements to provide the public with high quality rescue operations and emergency medical services. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | Rescuers and first responders shall receive education and training conducted by the Fire Commissioner of the National Fire Agency, as prescribed by Ordinance of the Ministry of the Interior and Safety, to acquire new knowledge, specialized technology, etc. related to their duties. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | If necessary to improve professionalism of rescuers and first responders, the Fire Commissioner of the National Fire Agency may conduct education and training under paragraph (2) by entrusting educational institutions, etc. in Korea and abroad with such education and training. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (4) | Methods, time, and details of education and training under paragraphs (2) and (3), 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> |
| Article 25-2 (Emergency Preceptor) |
| (1) | The Fire Commissioner of the National Fire Agency, etc. shall appoint or commission emergency preceptors (hereinafter referred to as "emergency preceptors") to educate and train first responders and to guide, evaluate, etc. emergency medical services. <Amended on Jul. 26, 2017> |
| (2) | Matters concerning the appointment and commissioning of emergency preceptors which are not prescribed in the statutes related to emergency medical services or which need to be prescribed exceeding the range of the matters prescribed in the statutes related to emergency medical services, such as standards for arrangement, duties, and methods of appointment of emergency preceptors, shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 27, 2016]
| Article 26 (Assessment of Rescue Operations and Emergency Medical Services) |
| (1) | The Fire Commissioner of the National Fire Agency shall conduct the comprehensive assessment on rescue operations and emergency medical services of each City/Do fire headquarters every year and notify the head of each City/Do fire headquarters of the results thereof. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The Fire Commissioner of the National Fire Agency may provide administrative and financial support to each City/Do fire headquarters based on the results of the comprehensive assessment referred to in paragraph (1). <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Methods and items of assessment under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 27 (Rescue and Emergency Medical Services Policy Council) |
| (1) | The Central Rescue and Emergency Medical Services Policy Council shall be established within the National Fire Agency to consult with relevant central administrative agencies, etc. on necessary matters concerning research and development of new technology related to rescue and emergency medical services under Article 3 (1), as well as a master plan and action plans. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | A City/Do rescue and emergency medical services policy council shall be established within each City/Do fire headquarters to consult with institutions, etc. related to rescue and emergency medical services of the competent City/Do about matters necessary for the formulation and execution of a City/Do action plan. |
| (3) | The organization, function, and operation of rescue and emergency medical services policy councils prescribed in paragraphs (1) and (2), and other necessary matters shall be prescribed by Presidential Decree. |
| Article 27-2 (First Aid Training) |
| (1) | To improve the first aid skills of the public, the Fire Commissioner of the National Fire Agency, etc. may provide trainings on first aid, including cardiopulmonary resuscitation and promote such first aid. <Amended on Jul. 26, 2017> |
| (2) | The content and methods of providing first aid training; promotion of first aid; and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 27, 2016]
CHAPTER VI PENALTY PROVISIONS
| Article 28 (Penalty Provisions) |
Any person who interferes with rescue operations and emergency medical services without just cause, in violation of Article 13 (2), shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding fifty million won. <Amended on Dec. 26, 2017>
| Article 29 (Penalty Provisions) |
Any person who refuses or interferes with the temporary use, restrictions on the use, or disposal of, land, goods, etc., or access to land or a building under Article 15 (1) without just cause, shall be punished by a fine not exceeding three million won.
| Article 29-2 (Penalty Provisions) |
Any person who fails to make a notification, in violation of Article 23-2 (1) or makes a false notification shall be punished by a fine not exceeding two million won. [This Article Newly Inserted on Dec. 15, 2015]
| Article 30 (Administrative Fines) |
| (1) | Any person who reports a false emergency to a fire service agency or a relevant administrative agency, in violation of Article 4 (3), shall be subject to an administrative fine not exceeding five million won. <Amended on Oct. 20, 2020> |
| (2) | The Fire Commissioner of the National Fire Agency, etc. or the heads of the relevant administrative agencies shall impose and collect an administrative fine under paragraph (1), as prescribed by Presidential Decree. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
ADDENDA <Act No. 10442, Mar. 8, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Disposition, etc.)
Article 3 (Transitional Measures concerning Imposition of Administrative Fine)
Article 4 Omitted.
Article 5 (Relationships with Other Statutes)
ADDENDA <Act No. 11403, Mar. 21, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Articles 6 and 7 shall enter into force on July 1, 2012. Article 2 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. 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 under Article 6 of this Addenda which were promulgated before this Act enters into force but the enforcement date for which has not arrived, shall enter into force on the enforcement date of each relevant Act, respectively.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 13569, Dec. 15, 2015>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 13913, Jan. 27, 2016>
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation: Provided That among the Acts amended pursuant to Article 5 of the Addenda, amended parts which were promulgated before this Act enters into force but the enforcement dates of which have not arrived, shall enter into force on the enforcement date of the relevant Act, respectively. |
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 15298, Dec. 26, 2017>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 17512, Oct. 20, 2020>
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 12-2 shall enter into force one year after the date of the promulgation.
ADDENDUM <Act No. 17832, Jan. 5, 2021>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 12-3 shall enter into force one year after the date of the promulgation.