| Article 2 (Publicly-Used Business) |
“Business specified by Presidential Decree” in Article 2 (1) 1 of the Special Act on the Safety Control of Publicly Used Establishments (hereinafter referred to as the “Act”) means the following businesses: Provided, That a business operated at outdoor facilities or outdoor places shall be excluded herefrom: <Amended on Dec. 24, 2008; Jul. 1, 2009; Aug. 6, 2009; Aug. 11, 2010; Jan. 31, 2012; Mar. 23, 2013; Nov. 20, 2013; Nov. 19, 2014; Dec. 23, 2014; Jan. 19, 2016; Jul. 26, 2017; Jul. 10, 2018; Mar. 2, 2021; Dec. 30, 2021; Mar. 15, 2022> | (a) | An aggregated floor area (referring to the area calculated pursuant to Article 119 (1) 3 of the Enforcement Decree of the Building Act; hereinafter the same shall apply) used for the place of rest restaurant business, bakery business or general restaurant business is at least 100 square meters (the aggregated floor area of the relevant business place is at least 66 square meters, in cases of a business place established in the basement): Provided, That the foregoing shall not apply to business in which case a place of business (excluding a place of business of duplex type linked with interior stairs) is located on the floor falling under any of the following and which is conducted in a place where the main entrance of such place of business is directly connected to the ground outside the building: |
| (i) | The first floor above ground level; |
| (ii) | The floor directly abutting the ground; |
| (b) | Business of karaoke tavern or entertainment tavern; |
| 1-2. | A business operating shared kitchens used for the place of rest restaurant business, bakery business or general restaurant business among businesses operating shared kitchens under subparagraph 9 of Article 21 of the Enforcement Decree of the Food Sanitation Act, an aggregated floor area of which is at least 100 square meters (the aggregated floor area of the relevant business place is at least 66 square meters, in cases of a business place established in the basement): Provided, That this shall not apply to business in which case a place of business (excluding a place of business of duplex type linked with interior stairs) is located on the floor falling under any of the following and which is conducted in a place where the main entrance of such place of business is directly connected to the ground outside the building: |
| (a) | The first floor above ground level; |
| (b) | The floor directly abutting the ground; |
| 2. | A movie theater under subparagraph 10 of Article 2 of the Promotion of the Motion Pictures and Video Products Act, business of running a video-viewing establishment under subparagraph 16 (a) of the same Article, business of running a video-viewing mini-theater under subparagraph 16 (b) of the same Article, and business of providing multiple types of visual materials under subparagraph 16 (d) of the same Article; |
| (a) | A private teaching institute with a capacity of 300 or more calculated in accordance with attached Table 4 of the Enforcement Decree of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems; |
| (b) | A private teaching institute with a capacity of 100 or more, and less than 300 persons, falling under any of the following: Provided, That the foregoing shall not apply to the cases where the portion used for a private teaching institute and the portion used for other purposes (including the portions used for private teaching institutes whose operators are different) is divided by fire proof partitions under Article 46 of the Enforcement Decree of the Building Act: |
| (i) | A private teaching institute, where a private teaching institute and a dormitory are in one building; |
| (ii) | A private teaching institute with a capacity of 300 or more persons, where two or more private teaching institutes are in one building; |
| (iii) | Where one or more publicly-used businesses under subparagraphs 1, 2, 4 through 7, 7-2 through 7-5, and 8, and a private teaching institute are in one building; |
| 4. | Public bath business falling under any of the following: |
| (a) | Public bath business under Article 2 (1) 3 (a) of the Public Health Control Act with facilities and equipment enabling customers to sweat, using heat generated by directly or indirectly heating elvan, red clay, jade, etc. or using far-infrared rays, etc. in one business place, and with a capacity of at least 100 persons (excluding the capacity of bathing facilities using water); |
| 5. | Game providing business, business providing game products, business of providing internet computer game facilities, combined distribution and game providing business under subparagraphs 6, 6-2, 7, and 8 of Article 2 of the Game Industry Promotion Act: Provided, That, in cases of game providing business and business of providing Internet computer game facilities, the foregoing shall not apply to cases where a place of business (excluding a place of business of duplex type linked with interior stairs) is located on the floor falling under any of the following and the main entrance of the relevant place of business is directly connected to the ground outside the building; |
| (a) | The first floor above ground level; |
| (b) | The floor directly abutting the ground; |
| 7-2. | Gosiwon business (business of providing lodging, or room and board with facilities enabling students to study in compartmented rooms); |
| 8. | Business allowing entry of multiple unspecified persons, with a probable risk index falling under 11 (1) or with a high risk of casualties at times of fire, and prescribed by Ordinance of the Ministry of the Interior and Safety. In such cases, the Fire Commissioner of the National Fire Agency shall pre-consult with heads of relevant central government agencies. |
| Article 2-2 (Safety Facilities) |
“Facilities for safety as prescribed by Presidential Decree” in Article 2 (1) 2 of the Act means the facilities provided for in attached Table 1. [This Article Newly Inserted on Dec. 23, 2014]
| Article 3 (Interior Decoration) |
“Anything specified by Presidential Decree” in Article 2 (1) 3 of the Act means those attached (installed) on the ceiling or wall inside of a building, and falling under any of the following: Provided, That furniture (referring to wardrobe, cupboard, dining table, dining table chairs, office desk, office chair, counter and other things of the like kind), ceiling border, etc. 10 centimeters or narrower in width and interior finishing material under Article 52 of the Building Act shall be excluded: <Amended on Oct. 29, 2008; Dec. 23, 2014; Jul. 10, 2018> | 1. | Items whose main raw material is paper (referring to that at least 2 millimeters in thickness), synthetic resin or fiber; |
| 3. | Non-permanent partitions (referring to movable walls such as folding ones or walls that do not compart space up to the point where the ceiling abuts on the interior) installed to compart space; |
| 4. | Sound-absorbing materials (including sound-absorbing curtains) or soundproofing materials (including soundproofing curtains) installed for sound absorption or soundproofing. |
| Article 3-2 (Business Place with Sealed Layout) |
“Standards prescribed by Presidential Decree” in Article 2 (1) 5 of the Act means cases where the total area of the opening that meets all requirements under Article 2 of the Enforcement Decree of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems is not more than 1/30 of the floor area used as a business place. <Amended on Jan. 19, 2016; Jul. 10, 2018> [This Article Newly Inserted on Dec. 23, 2014]
| Article 4 (Procedure for Establishment of Master Plans for Safety Control) |
| (1) | The Fire Commissioner of the National Fire Agency shall establish a master plan for the safety control of publicly-used establishments (hereinafter referred to as "master plan") every five years in consultation with the heads of relevant central administrative agencies pursuant to Article 5 (1) of the Act. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The Fire Commissioner of the National Fire Agency shall prepare a guideline for the establishment of the master plan in consultation with the heads of relevant central administrative agencies and notify it to the heads of the relevant central administrative agencies. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Where the Fire Commissioner of the National Fire Agency establishes the master plan, he or she shall report it to the Prime Minister, notify it to the heads of relevant central administrative agencies and a Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") and publicly announce it. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| Article 5 (Guideline for Establishment of Master Plans for Safety Control) |
The guideline for establishing master plans for safety management under Article 4 (2) shall include the following details: | 1. | Measures to reduce the occurrence of disasters such as a fire: |
| (a) | Inspection and analysis of causes of fire damage; |
| (b) | Establishment of a system to communicate and manage safety control information; |
| (c) | Education and training in preparation for the occurrence of disasters such as a fire and public awareness efforts for prevention thereof; |
| 2. | Mid- and long-term measures to reduce the occurrence of disasters such as a fire: |
| (a) | Plans for management and maintenance of safety facilities, etc. of publicly-used establishments; |
| (b) | Streamlining applicable statutes or regulations and related standards. |
| Article 6 (Matters regarding Master Plans for Safety Control) |
| 1. | Matters regarding mid- and long- term master plans for safety control: |
| (a) | Safety control system for publicly-used establishments; |
| (b) | Evaluation of safety control status and improvement plan; |
| 2. | Matters regarding master plans for safety control of Si or Do. |
| Article 7 (Notification of Annual Safety Control Plan) |
| (1) | The Fire Commissioner of the National Fire Agency shall establish an annual safety control plan (hereinafter referred to as “annual plan”) every year until December 31 of the previous year pursuant to Article 5 (3) of the Act. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | Where the Fire Commissioner of the National Fire Agency establishes the annual plan pursuant to paragraph (1), he or she shall notify it to the heads of the relevant central administrative agencies, a Mayor/Do Governor and the director general of firefighting headquarters without delay. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| Article 8 (Details of Implementation Plan) |
| (1) | The director general of firefighting headquarters shall establish a safety control implementation plan (hereinafter referred to as "implementation plan") pursuant to the master plan publicly announced pursuant to Article 4 (3) and the annual plan notified pursuant to Article 7 (2), and submit the implementation plan and the performance record for the previous year to the Fire Commissioner of the National Fire Agency by January 31 every year. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | Where the director general of firefighting headquarters establishes the implementation plan for publicly-used establishments under his or her jurisdiction pursuant to Article 6 (1) of the Act, he or she shall cause the following matters to be included in the plan: |
| 1. | Establishment, maintenance and management, and improvement plan for fire-fighting system in a region where publicly-used establishments are densely located; |
| 2. | Fire-fighting safety education and training plan for owners and employees of publicly-used establishments; |
| 3. | Self-instruction plan for owners and employees of publicly-used establishments; |
| 4. | Conducting and evaluating fire risk assessment of publicly-used establishments falling under any subparagraph of Article 15 (1) of the Act; |
| 5. | Plans for measures based on the result of the evaluation under subparagraph 4 (including matters regarding safety control, facility maintenance, etc. for fire risk areas or buildings). |
| (3) | The time for establishing the implementation plan under Article 6 (3) of the Act shall be until December 31 of the previous year of the relevant year and the business subject to the said requirement shall be publicly-used business under Article 2. |
| Article 9 (Safety Facilities) |
Safety facilities, etc. that shall be installed and maintained in places of business of a publicly-used establishment and places of business required to be equipped with basic sprinklers pursuant to Article 9 (1) of the Act shall be as specified in attached Table 1-2. <Amended on Dec. 23, 2014; Dec. 1, 2020> [This Article Wholly Amended on Dec. 27, 2012]
| Article 9-2 (Support for Installation of Basic Sprinklers) |
| (1) | The owner of a publicly-used establishment who intends to receive a subsidy to cover expenses to install basic sprinklers under Article 9 (6) of the Act shall apply for subsidization of expenses to the chief of a fire station having jurisdiction over the relevant publicly-used establishment. |
| (2) | Upon receipt of an application under paragraph (1), the chief of a fire station shall request the director general of firefighting headquarters to review the details of the application, and the head of the regional fire headquarters requested to review said application shall conduct a review of, among others, whether the business place of the relevant publicly-used establishment is eligible for support and notify the chief of the fire station of the results of said review. |
| (3) | Except as provided in paragraphs (1) and (2), necessary matters regarding the standards, methods, procedures, etc. for subsidization of expenses to install basic sprinklers shall be determined and publicly notified by the Fire Commissioner of the National Fire Agency. |
[This Article Newly Inserted on Dec. 1, 2020]
[Previous Article 9-2 moved to Article 9-3 <Dec. 1, 2020>]
| Article 9-3 (Amount Insured in Fire Liability Insurance) |
| (1) | A fire liability insurance policy the owner of a publicly-used business and a person who wishes to engage in the publicly-used business shall enroll in under Article 13-2 (1) of the Act shall meet the following requirements: <Amended on Apr. 2, 2019> |
| 1. | In the case of death: An amount of loss sustained by any victim shall be paid not exceeding 150 million won per person: Provided, That if the amount of loss is less than 20 million won, 20 million won shall be paid; |
| 2. | In the case of injury: An amount of loss sustained by any victim shall be paid per person not exceeding the amounts specified in attached Table 2; |
| 3. | Where, after treatment for an injury, further treatment is no longer expected to improve the underlying condition and with symptoms persisting, the injury results in a permanent physical disability (hereinafter referred to as "permanent disability"): An amount of loss sustained by any victim shall be paid per person not exceeding the amounts specified in attached Table 3; |
| 4. | In the case of property loss: An amount of loss sustained by any victim shall be paid not exceeding one billion won per accident. |
| (2) | Where a single accident falls under at least two of the examples under paragraph (1) 1 through 3 under a fire liability insurance policy under paragraph (1), such accident shall meet the following requirements: |
| 1. | Where an injured person passes away during treatment because of the injury: The amount under paragraph (1) 1 plus the amount under paragraph (1) 2 shall be paid to each victim; |
| 2. | Where an injured person becomes permanently disabled: The amount under paragraph (1) 2 plus the amount under paragraph (1) 3 shall be paid to each victim; |
| 3. | Where an injured person dies from the injury after the amount under paragraph (1) 3 has been paid: The amount under paragraph (1) 1 plus the amount of loss corresponding to the number of days after his or her death under paragraph (1) 3 subtracted from the amount under paragraph (1) 3 shall be paid to each victim. |
[This Article Newly Inserted on Dec. 27, 2012]
[Moved from Article 9-2; previous Article 9-3 moved to Article 9-4 <Dec. 1, 2020>]
| Article 9-4 (Differential Application of Premium Rates for Fire Liability Insurance Contracts) |
“Matters prescribed by Presidential Decree, including the business type and area of publicly-used establishments” in Article 13-2 (4) of the Act means the following cases: <Amended on Mar. 15, 2022> | 1. | The frequency of occurrence of a fire for the type of business to which the relevant publicly-used establishment belongs; |
| 2. | The area of business place of the relevant publicly-used establishment; |
| 4. | Whether the relevant publicly-used establishment falls under the category of a publicly-used establishment violating statutes or regulations, disclosed pursuant to Article 20 (1) of the Act; |
| 5. | Whether the relevant publicly-used establishment falls under the category of an exemplary safety control establishment announced pursuant to Article 21 (1) of the Act. |
| (2) | The Fire Commissioner of the National Fire Agency shall provide the following data to premium rate calculation agencies under Article 176 of the Insurance Business Act, for use by an insurance company for differential application of premium rates under Article 13-2 (3) of the Act by no later than January 31 of every year: <Amended on Jul. 26, 2017; Mar. 15, 2022> |
[This Article Newly Inserted on Jul. 26, 2016]
[Moved from Article 9-3; previous Article 9-4 moved to Article 9-5 <Dec. 1, 2020>]
| Article 9-5 (Refusal to Enter into Fire Liability Insurance Contracts) |
“Cases prescribed by Presidential Decree” in the proviso of Article 13-5 (1) of the Act means the cases where the owners of publicly-used establishments fail to or falsely inform important matters relating to the risk of occurrence of a fire such as matters regarding the maintenance and management of safety facilities, etc., requested by an insurance company when they subscribe to the fire liability insurance policy. [This Article Newly Inserted on Dec. 27, 2012]
[Moved from Article 9-4 <Dec. 1, 2020>]
| Article 9-6 (Persons Subject to Reporting Accidents by Owners of Publicly-Used Establishments) |
| (1) | "Accidents prescribed by Presidential Decree" in Article 14-2 (1) 4 of the Act means accidents in which persons have fallen in an emergency district prescribed by Ordinance of the Ministry of the Interior and Safety among safety facilities, etc. installed and maintained pursuant to Article 9 (1) of the Act. |
| (2) | Where the owner of the publicly-used business reports the occurrence of a safety accident pursuant to Article 14-2 (1) of the Act, the owner shall do so by reporting on the outline of the accident and the status of the damage through telephone, facsimile, information, or communications network. |
[This Article Newly Inserted on Jul. 6, 2021]
| Article 10 (Criteria for Areas or Buildings Subject to Fire Risk Assessment) |
The criteria for the areas or buildings subject to fire risk assessment under Article 15 (1) 1 of the Act shall be based on the central point of a certain area surrounded by roads.
| Article 11 (Probable Risk Index) |
| (1) | “Not lower than the criteria prescribed by Presidential Decree” in Article 15 (2) of the Act means the cases of D grade or E grade in attached Table 4. <Amended on Dec. 27, 2012> |
| (2) | Matters such as the criteria for and method of calculating the probable risk index under paragraph (1) shall be determined and publicly notified by the Fire Commissioner of the National Fire Agency. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| Article 12 (Compensation for Loss) |
| (1) | Where the Fire Commissioner of the National Fire Agency, the director general of firefighting headquarters, or the chief of a fire station compensates for the loss pursuant to Article 15 (3) of the Act, he or she shall compensate for the loss sustained as a result of the order issued under Article 15 (2) of the Act in market values. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | Regarding the compensation for loss under paragraph (1), the Fire Commissioner of the National Fire Agency, the director general of firefighting headquarters, or the chief of a fire station shall negotiate with the person who sustains a loss. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Where the negotiation for the amount of compensation under paragraph (2) fails to produce agreement, the Fire Commissioner of the National Fire Agency, the director general of firefighting headquarters, or the chief of a fire station shall pay the amount of the compensation: Provided, That where the acceptance of the amount of compensation was rejected or who is the recipient is unclear, he or she shall deposit it and notify such fact. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (4) | Any person who has objection to payment of, or notification of deposit of, the amount of compensation under paragraph (3) may file an application for a ruling with the Central Land Tribunal under Article 49 of the Act on Acquisition of and Compensation for Land for Public Works Projects within 30 days after he or she was notified of the payment or deposit as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Dec. 24, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 13 (Partial Exemption from Installation of Safety Facilities) |
“Publicly-used establishment whose probable risk index is lower than the criteria prescribed by Presidential Decree” in Article 15 (4) of the Act means a publicly-used establishment with A grade in attached Table 4. [This Article Wholly Amended on Dec. 27, 2012]
| Article 14 (Requirements for Registration of Fire Risk Assessment Agents) |
A person who intends to conduct fire risk assessment as an agent pursuant to Article 15 (5) of the Act shall be equipped with technical human resources, facilities and equipment prescribed in attached Table 5 and shall be registered as a fire risk assessment agent (hereinafter referred to as "assessment agent") pursuant to Article 16 (1) of the Act. [This Article Wholly Amended on Jul. 6, 2021]
| Article 15 (Application for Change of Registered Matters by Assessment Agents) |
| 2. | The location of office; |
| 3. | The name or company name of an assessment agent; |
| 4. | Current status of technical human resources. |
| (2) | Where the grounds for change falling under any subparagraph of paragraph (1) occur, an assessment agent shall file for registration of change with the Fire Commissioner of the National Fire Agency, with documents prescribed by Ordinance of the Prime Minister within 30 days of the occurrence of the grounds for change, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Dec. 24, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
[Title Amended on Jul. 6, 2021]
| Article 15-2 (Grounds for Disqualification of Assessment Agents) |
"A person who has mental disorder prescribed by Presidential Decree such as a mentally defective person or an alcohol addict" in Article 16 (2) 3 of the Act means any of the following persons: | 1. | A mentally defective person; |
| 2. | A person recognized by a medical specialist in the relevant field as unable to normally perform the duties of an assessment agent due to a disorder relating to alcohol, narcotics, marijuana, or psychotropic drugs; |
| 3. | A person recognized by an expert in the relevant field as unable to normally perform the duties of an assessment agent due to dementia under subparagraph 1 of Article 2 of the Dementia Management Act, any mental disorder such as dementia, schizophrenia, schizo-affective disorder, bipolar affective disorder, recurrent depressive disorder, mental retardation, or epilepsy. |
[This Article Newly Inserted on Jul. 6, 2021]
| Article 16 (Public Announcement of Registration of Assessment Agents) |
The Fire Commissioner of the National Fire Agency shall make a public announcement of the following on the website, etc. of the National Fire Agency: <Amended on Nov. 19, 2014; Jul. 26, 2017>
| 1. | Where he or she is registered as an assessment agent; |
[Title Amended on Jul. 6, 2021]
| Article 17 (Limitation on Matters subject to Disclosure for Establishment Failing to Comply with Order to Take Measures) |
Where disclosure of an establishment failing to comply with an order to take measures under Article 20 (1) of the Act injures legal interests of a third party, no fact related to the third party shall be disclosed.
| Article 18 (Matters Disclosed for Business Failing to Comply with Order to Take Measures) |
| (1) | Where the Fire Commissioner of the National Fire Agency, the director general of firefighting headquarters, or the chief of a fire station intends to disclose an establishment failing to comply with an order to take measures pursuant to Article 20 (1) of the Act, he or she shall inform the persons relevant to the establishment (referring to the owner and the employees of the establishment) of the details, methods, etc. of the disclosure. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | Where the Fire Commissioner of the National Fire Agency, the head of a regional fire headquarters, or the chief of a fire station discloses an establishment failing to comply with an order to take measures pursuant to Article 20 (1) of the Act, the disclosure shall include the following matters and the duration of the disclosure shall be from the time the establishment fails to comply with an order to take measures to the time it complies with the order to take measures: <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| 1. | The name of the establishment failing to comply with the order; |
| 2. | The address of the establishment failing to comply with the order; |
| 3. | The details of the measures taken by the Fire Commissioner of the National Fire Agency, the director general of firefighting headquarters, or the chief of a fire station; |
| 4. | The number of failure to comply with an order. |
| (3) | The Fire Commissioner of the National Fire Agency, the director general of firefighting headquarters, or the chief of a fire station shall disclose the matters under paragraph (2) to at least two of the media falling under the following: <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Official gazette or communication of a City/Do; |
| 2. | The website of the National Fire Agency, firefighting headquarters of a City/Do, or a fire station; |
| 3. | Major national daily newspaper or local daily newspaper of the relevant region; |
| 5. | Newsletters of neighborhood meetings; |
| 6. | Newsletters of a Si/Gun/Gu (referring to newsletters distributed free of charge to local residents by the office of a Si/Gun/Gu). |
| (4) | Where the Fire Commissioner of the National Fire Agency, the director general of firefighting headquarters, or the chief of a fire station discloses on the website of the National Fire Agency, a regional fire headquarters or a fire station pursuant to paragraph (3) 2 and the owner of publicly-used establishment complies with the order to take measures under Article 9 (2) of the Act or Article 15 (2) of the Act after the fact, he or she shall delete the disclosed fact from the relevant website within two days of the confirmation of the compliance. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| Article 18-2 (Matters Subject to Disclosure among Results of Special Fire Safety Inspections) |
| 1. | The current status of the completion of fire-fighting safety education under Article 8 of the Act; |
| (2) | The disclosure of the results of a special fire safety inspection under Article 20-2 (1) of the Act shall be made within 30 days from the date the relevant inspection is conducted, by posting the results on the website of the National Fire Agency, a fire headquarters of a City/Do, or a fire station for a period not exceeding 60 days. |
| (3) | Where the disclosure of the results of a special fire safety inspection under paragraph (2) is likely to injure legal interests of a third party, no fact related to the third party shall be disclosed. |
[This Article Newly Inserted on Jul. 6, 2021]
| Article 19 (Exemplary Safety Control Establishments) |
The requirements to qualify as an exemplary safety control establishment under Article 21 (1) of the Act (hereinafter referred to as “exemplary safety control establishment”) shall be as follows: <Amended on Jan. 19, 2016> | 2. | There has been no violation of statutes or regulations relevant to fire-fighting, architecture, electricity and gas for the recent three years based on the date of the announcement; |
| 3. | There has been no fire for the recent three years based on the date of the announcement; |
| 4. | The establishment has formulated its own plan and has been conducting firefighting education or training for its employees regularly, and has the record thereof for the recent three years based on the date of the announcement. |
| Article 20 (Announcement Procedure of Exemplary Safety Control Establishments) |
| (1) | Where the director general of firefighting headquarters or the chief of a fire station intends to recognize and publicly announce exemplary safety management establishments pursuant to Article 21 (1) of the Act, he or she shall make a prior announcement of the recognition of exemplary safety control establishments, with the details of each subparagraph of Article 19 to the media prescribed in Article 18 (3) 1 through 3. |
| (2) | A person who has objection to the details of the prior public announcement of the recognition of exemplary safety control establishments under paragraph (1) may file an objection to the director general of firefighting headquarters or the chief of a fire station by electronic mail or in writing within 20 days of the date of the prior public announcement of the recognition of exemplary safety control establishments. |
| (3) | Where there is an objection under paragraph (2), the director general of firefighting headquarters or the chief of a fire station shall investigate and review it, and inform the parties who filed the objection and the owner of the relevant publicly-used establishment of the result thereof. |
| (4) | Where the director general of firefighting headquarters or the chief of a fire station intends to recognize and announce exemplary safety control establishments pursuant to Article 21 (1) of the Act, he or she shall determine and announce the period to use the mark of exemplary safety control establishment within a range of up to two years from the date of the announcement. |
| Article 21 (Mark of Exemplary Safety Control Establishment) |
| (1) | The director general of firefighting headquarters or the chief of a fire station shall examine an exemplary safety control establishment regularly every two years from the day he or she issues the mark of exemplary safety control establishment, and shall renew and issue the mark of exemplary safety control establishment based on regular review conducted every two years where there has been no violation. |
| (2) | Matters necessary for the regular review and the procedure for renewing the mark of exemplary safety control establishment under paragraph (1) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Dec. 24, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 22 ( Announcement of Exemplary Safety Control Establishment by Application of Owner of Publicly-Used Establishment) |
| (1) | Where the business place of a publicly-used establishment meets the requirements to qualify as exemplary safety control establishment under Article 19, the owner may file an application for recognition of an exemplary safety control establishment to the director general of firefighting headquarters or the chief of a fire station. |
| (2) | Where the director general of firefighting headquarters or the chief of a fire station intends to recognize the publicly-used establishment that filed the application pursuant to paragraph (1) as an exemplary safety control establishment, he or she shall inform the relevant establishment of such fact pursuant to Articles 20 and 21 and make announcement thereof. |
| (3) | Matters necessary for the procedure, etc. for filing an application for announcement of exemplary safety control establishment under paragraph (1) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Dec. 24, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 22-2 (Management of Sensitive Information and Personally Identifiable Information) |
| 1. | Affairs regarding handling of the matters requiring notification by relevant administrative agencies under Article 7 of the Act; |
| 3. | Affairs regarding the standards, etc. for safety control of publicly-used establishments under Article 9 of the Act; |
| 5. | Affairs regarding the fire risk assessment, etc. of publicly-used establishments under Article 15 of the Act; |
| 7. | Affairs regarding the cancellation, etc. of registration of a fire risk assessment agent under Article 17 of the Act; |
| 9. | Affairs regarding the establishment and operation of electronic computer system for safety control under Article 19 of the Act; |
| 10. | Affairs regarding the disclosure of establishments violating statutes or regulations under Article 20 of the Act; |
| 11. | Affairs regarding marks, etc. of exemplary safety control establishments under Article 21 of the Act; |
| 12. | Affairs regarding the imposition and collection of the charges for compelling compliance under Article 26 of the Act. |
| (3) | An insurance company may manage data containing resident registration numbers, or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, where it is unavoidable to inform the Fire Commissioner of the National Fire Agency, the director general of firefighting headquarters, or the chief of a fire station of matters such as the status of fire liability insurance contracts entered into, pursuant to Article 13-3 (4) of the Act. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
[This Article Newly Inserted on Dec. 27, 2012]
[Title Amended on Jul. 6, 2021]
| Article 22-3 (Re-Examination of Regulations) |
The Fire Commissioner of the National Fire Agency shall examine the appropriateness of the following matters every three years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements: <Amended on Jul. 26, 2017; Jul. 6, 2021>
| 1. | Safety facilities, etc. that shall be established and maintained in the business place of publicly-used establishments under Article 9 and attached Table 1-2: January 1, 2017; |
| 2. | Standards for technical human resources, facilities, and equipment required of an assessment agent under Article 14 and attached Table 5: January 1, 2017. |
[This Article Wholly Amended on Dec. 30, 2016]
| Article 23 (Criteria for Imposition of Administrative Fines) |
The criteria for imposition of administrative fines under Article 25 (1) of the Act shall be as specified in attached Table 6. <Amended on Dec. 27, 2012> [This Article Wholly Amended on Dec. 24, 2008]
| Article 24 (Imposition and Collection of Charges for Compelling Compliance) |
| (1) | The criteria for imposing charges for compelling compliance under Article 26 (7) of the Act shall be as specified in attached Table 7. <Amended on Dec. 27, 2012> |
| (2) | The procedures for imposition and collection of charges for compelling compliance shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Dec. 24, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
ADDENDA <Presidential Decree No. 19954, Mar. 23, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 25, 2007.
Article 2 (Applicability to Establishment of Interior Aisles and Windows)
Matters regarding interior aisles and windows of business places specified in subparagraph 2 of Article 9 shall begin to apply from the business commencing operation or filing application for business registration with a tax office on or after March 25, 2007. Article 3 (Transitional Measures concerning Establishment of Safety Facilities of Publicly-Used Establishments)
Persons relevant to and engaged in publicly-used business under Article 2 after obtaining business permission, etc. as at the time the amended Decree among the Enforcement Decree of the Installation, Maintenance, and Safety Control of Firefighting Systems Act under Presidential Decree No. 18404 enters into force shall establish safety facilities, etc. (excluding interior aisles and windows specified in subparagraph 2 of Article 9) until May 30, 2007: Provided, That where they have installed one of the following facilities in a case where installation of emergency exits is deemed impossible and publicly notified as such by the head of the National Emergency Management Agency because of building structure, emergency exits shall be deemed installed: | 1. | Where a publicly-used establishment required to install interior decoration with inflammable or semi-inflammable material pursuant to Article 10 (1) of the Act installs at least 9/10 of the area (referring to the area combining a ceiling and wall) of the interior decoration with inflammable or semi-inflammable material; |
| 2. | Where a basic sprinkler system is installed in compliance with the standards prescribed by Ordinance of the Ministry of the Interior and Safety pursuant to Article 9 (1) of the Act. |
Article 4 (Transitional Measures concerning Establishment of Safety Facilities of Publicly-Used Establishments in Regions subject to Expropriation under Reconstruction, Redevelopment, and Urban Planning)
Where demolition of a publicly-used establishment in a region subject to expropriation under residential environment improvement projects, housing redevelopment projects, housing reconstruction projects and urban environment rearrangement projects under any item of subparagraph 2 of Article 2 of the Act on the Improvement of Urban Areas and Residential Environments has been determined to take place by December 31, 2007 and the establishment has compartmented rooms with automatic diffusion fire extinguishers and self-contained type fire alarm devices installed, the installation of the following facilities, etc. may be deferred until the time of the demolition, notwithstanding the main clause of Article 3 of the Addenda: | 2. | Basic sprinkler systems; |
| 3. | Flame-resistant treatment for flame-resistant items. |
Article 5 Omitted.
Article 6 (Relationship to Other Statutes and Regulations)
A citation of the Enforcement Decree of the Installation, Maintenance, and Safety Control of Firefighting Systems Act or any provision thereof by any statute or regulation as at the time this Decree enters into force shall be deemed a citation of the relevant provision of this Decree in lieu of the previous provision, if this Decree the has relevant provision.
ADDENDA <Presidential Decree No. 21098, Oct. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 21176, Dec. 24, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures)
The previous provisions shall apply to administrative fines for acts committed before this Decree enters into force.
ADDENDUM <Presidential Decree No. 21600, Jul. 1, 2009>
This Decree shall enter into force on July 8, 2009.
ADDENDA <Presidential Decree No. 21676, Aug. 6, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 7, 2009. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22331, Aug. 11, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Expansion of Requirement to Install Basic Sprinkler System)
The amended provisions of the latter part of Article 9 (1) 1 (a) and the proviso to paragraph (2) of the same Article shall begin to apply from a business place reporting installation of safety facilities, etc. to commence business or installing or replacing interior decoration or changes interior structure (referring to the increase or decrease of the area of the business place, increase or decrease of compartmented rooms of the business place or change of interior structure of interior aisle; hereinafter the same shall apply): Provided, That Article 3 (1) the Addenda shall apply to the business owner of or the persons relevant to the operation of a pistol shooting range as at the time this Decree enters into force. Article 3 (Transitional Measures concerning Installation of Safety Facilities and Change of Interior Decoration)
| (1) | The business owner of or persons relevant to operation of a pistol shooting range under subparagraph 7-3 of Article 2 at the time this Decree enters into force shall install the safety facilities, etc. under Article 9 (1) until March 31, 2011, and shall install or replace interior decoration pursuant to Article 10 of the Act. |
| (2) | The interior decoration installed in the golf practice course under Article subparagraph 7-4 of Article 2 and in the place of massage practice under subparagraph 7-5 of the same Article as at the time this Decree enters into force shall be deemed installed properly in accordance with Article 10 of the Act. |
| (3) | The business owner of or persons relevant to operation of the golf practice course under subparagraph 7-4 of Article 2 and the place of massage practice under subparagraph 7-5 of the same Article as at the time this Decree enters into force shall install the safety facilities, etc. pursuant to Article 9 (1) until this Decree enters into force: Provided, That the basic sprinkler system under Article 9 (1) 1 (a) may be installed at the time of the first installation or replacement of, or change of the interior structure of, the interior decoration after this Decree enters into force, and the fire-proof facilities under Article 9 (1) 1 (d) may be established at the time of the first change of the interior structure after this Decree enters into force. |
| (4) | Notwithstanding paragraphs (1) and (3), where installation of an emergency exit under Article 9 (1) 1 (d) is deemed impossible by and publicly notified as such by the head of the National Emergency Management Agency because of building structure and where one of the following facilities is established, an emergency exit shall be deemed installed: |
| 1. | Where the interior decoration is installed with inflammable or semi-inflammable material pursuant to Article 10 (1) of the Act (limited to cases where the area of interior decoration combining a ceiling and wall is at least 9/10); |
| 2. | Where a basic sprinkler system is installed in compliance with the standards prescribed by Ordinance of the Ministry of the Interior and Safety pursuant to Article 9 (1) of the Act. |
ADDENDA <Presidential Decree No. 22724, Mar. 29, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Administrative Fines)
| (1) | The previous provisions shall apply to the criteria for imposing administrative fines against violations committed before this Decree enters into force, notwithstanding the amended provisions of attached Table 3. |
| (2) | Imposition of administrative fines for a violation committed before this Decree enters into force shall not be included in the calculation of the number of violations under the amended provisions of attached Table 3. |
ADDENDA <Presidential Decree No. 23570, Jan. 31, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 5, 2012. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 23571, Jan. 31, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 5, 2012.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 24257, Dec. 27, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 23, 2013.
Article 2 (Applicability to Establishment of Safety Facilities)
The amended provisions of Article 9 and attached Table 1 shall begin to apply from a business place reporting installation of safety facilities, etc. or reporting change of interior structure pursuant to Article 9 (3) 1 or 2 of the Act after this Decree enters into force.
ADDENDA <Presidential Decree No. 24417, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 24863, Nov. 20, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Installation of Evacuation Guide Line)
The amended provisions of subparagraph 1 (c) 2) and 3 (b) of attached Table 1 shall begin to apply from a business place reporting installation of safety facilities, etc. or reporting change of interior structure pursuant to Article 9 (3) 1 or 2 of the Act after this Decree enters into force. Article 3 (Transitional Measures concerning Safety Facilities of Business of Providing Multiple Types of Visual Materials)
| (1) | The safety facilities, etc. and interior decoration installed pursuant to the previous provisions in the establishment of business of providing multiple types of visual materials pursuant to the amended provisions of subparagraph 2 of Article 2, which obtained registration after changing the previous business of running a video-viewing establishment or combined distribution and game providing business to business of providing multiple types of visual materials pursuant to Article 4 of the Addenda to the partially amended Promotion of the Motion Pictures and Video Products Act under Act No. 11314, shall be deemed installed properly in accordance with Articles 9 (1) and 10 of the Act. |
| (2) | A person engaged in the business of providing multiple types of visual materials under the amended provisions of subparagraph 2 of Article 2 (excluding a person who obtained registration after changing the previous business of running a video-viewing establishment or combined distribution and game providing business to business of providing multiple types of visual materials pursuant to Article 4 of the Addenda to the partially amended the Promotion of the Motion Pictures and Video Products Act under Act No. 11314) as at the time this Decree enters into force shall establish the safety facilities, etc. and interior decoration under Articles 9 (1) and 10 of the Act within three months after this Decree enters into force. |
Article 4 (Transitional Measures concerning Safety Facilities of Private Teaching Institute)
| (1) | The safety facilities, etc. and interior decoration installed pursuant to the former provisions, in the business place of a private teaching institute pursuant to subparagraph 3 (b) (3) of Article 2, where the establishment of the business of providing multiple types of visual materials under the amended provisions of subparagraph 2 of Article 2 (referring to the establishment that obtained registration after changing the previous business of running a video-viewing establishment or combined distribution and game providing business to business of providing multiple types of visual materials pursuant to Article 4 of the Addenda to the partially amended Promotion of the Motion Pictures and Video Products Act under Act No. 11314 as at the time this Decree enters into force) and a private teaching institute are in one building shall be deemed installed properly in accordance with Articles 9 (1) and 10 of the Act. |
| (2) | A person who operates a private teaching institute falling under subparagraph 3 (b) (3) of Article 2, in a building in which an establishment of business of providing multiple types of visual materials pursuant to subparagraph 2 of Article 2 (excluding the cases where registration has been obtained after changing the previous business of running a video-viewing establishment or combined distribution and game providing business to business of providing multiple types of visual materials pursuant to Article 4 of the Addenda to the partially amended Promotion of the Motion Pictures and Video Products Act under Act No. 11314) is located shall install the safety facilities, etc. and interior decoration under Articles 9 (1) and 10 of the Act within three months after this Decree enters into force. |
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25753, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Presidential Decree No. 25886, Dec. 23, 2014>
This Decree shall enter into force on January 8, 2015: Provided, That the amended provisions of Article 22-3 shall enter into force on January 1, 2015.
ADDENDA <Presidential Decree No. 26688, Nov. 30, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 21, 2016.
Article 2 (Transitional Measures concerning Imposition of Administrative Fines for Failure to Purchase Fire Liability Insurance)
The previous provisions shall apply to cases where fire liability insurance needs to be subscribed to pursuant to Article 13-2 of the Act (including resubscription) before this Act enters into force, notwithstanding the amended provisions of subparagraph 2 (i) of attached Table 6.
ADDENDA <Presidential Decree No. 26916, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 21, 2016. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 27299, Jun. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2016. (Proviso Omitted.)
Articles 2 through 10 Omitted.
Imposition of administrative fines for violations committed before this Decree enters into force shall not be included in the calculation of the number of violations under the amended provisions of attached Table 6.
Articles 12 through 15 Omitted.
ADDENDUM <Presidential Decree No. 27395, Jul. 26, 2016>
This Decree shall enter into force on July 28, 2016.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 28216, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That any Presidential Decree amended by Article 3 of this Addenda which was promulgated before this Decree enters into force and the enforcement date of which has yet to arrive, shall enter into force on the enforcement date of each relevant Presidential Decree. Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 29037, Jul. 10, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Installation and Maintenance of Escape Route and Escape Passage inside of Place of Business)
The amended provisions of subparagraphs 1 (c) ii) and 3 of attached Table 1-2 shall begin to apply from a place of business for which a report on the installation of safety facilities, etc. is filed pursuant to Article 9 (3) 1 of the Act or a report on the alteration of internal structure is filed pursuant to Article 9 (3) 2 of the Act after this Decree enters into force. Article 3 (Transitional Measures concerning Installation and Maintenance of Escape Route and Escape Passage inside of Place of Business)
| (1) | Notwithstanding the amended provisions of subparagraph 1 (c) ii) of attached Table 1-2, the previous provisions thereof shall apply to a place of business not subject to the installation and maintenance of an escape route pursuant to the previous provisions of subparagraph 1 (c) ii) of attached Table 1-2 before this Decree enters into force: Provided, That the foregoing shall not apply to a place of business for which a report on the alteration of internal structure is filed pursuant to Article 9 (3) 2 after this Decree enters into force. |
| (2) | Notwithstanding the amended provisions of subparagraph 3 of attached Table 1-2, the previous provisions thereof shall apply to a place of business not subject to the installation and maintenance of an escape passage pursuant to the previous provisions of subparagraph 3 of attached Table 1-2 before this Decree enters into force. |
ADDENDA <Presidential Decree No. 29674, Apr. 2, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force three months after the date of its promulgation: Provided, That the amended provisions (excluding the amended provisions of item (j) of the aforesaid subparagraph) of attached Table 6 shall enter into force on the date of the promulgation thereof, and the amended provisions of Article 9-2 (1) excluding the subparagraphs and subparagraph 2 (j) of attached Table 6 on April 17, 2019. Article 2 (Transitional Measures concerning Amount of Insurance of Fire Liability Insurance)
Notwithstanding the amended provisions of Article 9-2 (1) 1 and 4 and attached Tables 2 and 3, the previous provisions thereof shall apply to the amount of insurance of fire liability insurance subscribed to before this Decree enters into force: Provided, That where fire liability insurance subscribed to before this Decree enters into force is renewed after this Decree enters into force, the amended provisions of Article 9-2 (1) 1 and 4, and attached Tables 2 and 3 shall apply thereto. Article 3 (Transitional Measures concerning Guidelines for Imposition of Administrative Fines)
Where guidelines for the imposition of administrative fines apply to acts violating Article 10 (1) and (2) of the Act before the enforcement date under the proviso of Article 1 of the Addenda, notwithstanding the amended provisions of subparagraph 2 (e) of attached Table 6, the previous provisions of subparagraph 2 (d) of attached Table 6 shall apply thereto.
ADDENDUM <Presidential Decree No. 31203, Dec. 1, 2020>
This Decree shall enter into force on December 10, 2020.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 31511, Mar. 2, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 31870, Jul. 6, 2021>
This Decree shall enter into force on Jul. 6, 2021: Provided, That the amended provisions of Article 15-2 shall enter into force on Jul. 13, 2021.
ADDENDA <Presidential Decree No. 32276, Dec. 30, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on Dec. 30, 2021.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 32536, Mar. 15, 2022>
This Decree shall enter into force on the date of its promulgation.