ACT ON FIRE PREVENTION AND SAFETY CONTROL
Act No. 18523, Nov. 30, 2021
Amended by Act No. 19225, Feb. 14, 2023
Act No. 19251, Mar. 21, 2023
Act No. 19335, Apr. 11, 2023
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to protect people's lives, bodies, and property from fire and contribute to enhancement of public safety and welfare by providing for matters necessary for fire prevention and safety control.
| (1) | The terms used in this Act are defined as follows: |
| 1. | The term "prevention" means all activities to remove the risk of fire or to prevent fire in advance to protect people's lives, bodies, and property against the risk of fire; |
| 2. | The term "safety control" means activities for prevention, preparedness, response, etc. to minimize damage caused by a fire; |
| 3. | The term "fire safety inspection" means activities in which the Commissioner of the National Fire Agency, the director general of a fire headquarters, or the head of a fire station (hereinafter referred to as "head of a fire service agency or station") is involved, such as conducting a field investigation, inspection of documents, requests for reporting, etc. to verify whether firefighting systems or such (referring to firefighting systems or such defined in Article 2 (1) 2 of the Act on Installation and Maintenance of Firefighting Systems; hereinafter the same shall apply) have been installed and managed in compliance with firefighting-related statutes or regulations and whether there is any risk of fire on any object of fire service.); |
| 4. | The term "fire prevention and reinforcement district" means an area designated and managed by the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") to enhance fire prevention and safety control for an area highly likely to cause fire or likely to sustain severe damage if a fire breaks out; |
| 5. | The term "fire prevention and safety diagnosis" means formulating measures for improvement by inspecting risk factors for fire on an object of fire service which is expected to cause considerable social and economic harm if a fire occurs and assessing the risks thereof. |
| Article 3 (Responsibilities of the State and Local Governments) |
| (1) | The State shall formulate and implement policies on fire prevention and safety control (hereinafter referred to as "fire prevention policies") to protect the people's lives and property from fire. |
| (2) | Each local government shall, in conformity with the State’s fire prevention policies, formulate and implement its own fire prevention policies that fit its local situations. |
| (3) | Relevant persons shall proactively cooperate on fire prevention policies of the State and local governments. |
CHAPTER II FORMULATION AND IMPLEMENTATION OF MASTER PLANS FOR FIRE PREVENTION AND SAFETY CONTROL
| Article 4 (Formulation and Implementation of Master Plans for Fire Prevention and Safety Control) |
| (1) | The Commissioner of the National Fire Agency shall formulate and implement a master plan for fire prevention and safety control (hereinafter referred to as "master plan") every five years to implement fire prevention policies in a systematic and efficient manner and to expand infrastructure necessary therefor. |
| (2) | A master plan shall be formulated by the Commissioner of the National Fire Agency in consultation with the heads of relevant central administrative agencies, as prescribed by Presidential Decree. |
| (3) | A master plan shall include the following: |
| 1. | The basic goals of and direction-setting for fire prevention policies; |
| 2. | Establishment of infrastructure for fire prevention and safety control, such as the formulation of statutes, regulations, and systems therefor; |
| 3. | Education and publicity aimed at the public for fire prevention and safety control; |
| 4. | Development and dissemination of technologies related to fire prevention and safety control; |
| 5. | Fostering, supporting, and managing professional human resources related to fire prevention and safety control; |
| 6. | Enhancement of international competitiveness of industries related to fire prevention and safety control; |
| 7. | Other matters necessary for fire prevention and safety control which are prescribed by Presidential Decree. |
| (4) | The Commissioner of the National Fire Agency shall establish and implement an action plan annually to implement the master plans. |
| (5) | The Commissioner of the National Fire Agency shall notify the heads of relevant central administrative agencies and Mayors/Do Governors of the master plan and action plan formulated under paragraphs (1) and (4). |
| (6) | Upon receipt of notice of a master plan and an action plan under paragraph (5), the head of a relevant central administrative agency and the Mayor/Do Governor shall establish and implement a detailed action plan reflecting the characteristics of the affairs under their jurisdiction, and shall notify the Commissioner of the National Fire Agency of the results thereof. |
| (7) | Where necessary to formulate a master plan or an action plan, the Commissioner of the National Fire Agency may request the heads of relevant central administrative agencies or a Mayor/Do Governor to submit relevant materials. In such cases, the heads of the relevant central administrative agencies or the Mayor/Do Governor requested to submit materials shall comply therewith, unless there is a compelling reason not to do so. |
| (8) | Except as provided in paragraphs (1) through (7), matters necessary for the establishment and implementation of the master plan, action plan, and detailed action plans shall be prescribed by Presidential Decree. |
| Article 5 (Fact-Finding Surveys) |
| (1) | The Commissioner of the National Fire Agency may conduct fact-finding surveys on the following to secure basic materials necessary to formulate and implement a master plan and an action plan. In such cases, a joint fact-finding survey may be conducted when requested by the heads of relevant central administrative agencies: |
| 1. | Current status of objects of fire service by use and by scale; |
| 2. | Current status of fire prevention and safety control regarding fire on the objects of fire service; |
| 3. | The installation and management status of firefighting systems, etc. in objects of fire service; |
| 4. | Other matters necessary for the establishment and implementation of the master plan and action plan. |
| (2) | The Commissioner of the National Fire Agency may request the head of a relevant central administrative agency, the head of a local government, the head of a public institution referred to in Article 4 of the Act on the Management of Public Institutions (hereinafter referred to as "public institution"), or a relevant person, etc., who owns and operates relevant information, such as information on the current status of objects of fire service, to submit materials necessary for the fact-finding survey under paragraph (1). In such cases, a person requested to submit materials shall comply with such request unless there is a compelling reason not to do so. |
| (3) | Matters necessary for the methods, procedures, etc. for the fact-finding survey under paragraph (1) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| Article 6 (Compilation and Management of Statistics) |
| (1) | The Commissioner of the National Fire Agency shall compile and manage statistics on fire prevention and safety control every year. |
| (2) | Where necessary to compile and manage statistics under paragraph (1), the Commissioner of the National Fire Agency may request the head of a relevant central administrative agency, the head of a local government, the head of a public institution, a relevant person, etc. to provide necessary materials or information. In such cases, a person who is requested to provide materials or information shall comply with such request, unless there is good cause to the contrary. |
| (3) | The Commissioner of the National Fire Agency may designate a specialized institution and have it perform all or part of duties regarding the compilation and management of statistics under paragraph (1), as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (4) | Necessary matters for the compilation, management, etc. of statistics under paragraph (1) shall be prescribed by Presidential Decree. |
CHAPTER III FIRE SAFETY INSPECTION
| Article 7 (Fire Safety Inspection) |
| (1) | The head of a fire service agency or station may conduct a fire safety inspection in any of the following cases: Provided, That a fire safety inspection for the residence of an individual (limited to cases where the residence is used for residential purposes) shall be conducted only when a relevant person approves, or when it is urgently necessary to conduct such inspection because of the likelihood of a fire: |
| 1. | Where it is deemed that an in-house inspection under Article 22 of the Act on Installation and Maintenance of Firefighting Systems is insincere or incomplete; |
| 2. | Where statutes or regulations require a fire safety inspection of a fire prevention and reinforcement district, etc.; |
| 3. | Where it is deemed that the fire prevention and safety diagnosis is insincere or incomplete; |
| 4. | Where it is necessary to conduct an inspection of the current status of firefighting safety control at a place where a major event, including a national event, is held and related regions nearby; |
| 5. | Where an inspection is needed of a place where fires occurred frequently or where the possibility of fire breaking out is high; |
| 6. | Where it is deemed based on an analysis of disaster forecast information, weather forecast, etc. that there is a high risk of fire on objects of fire service; |
| 7. | Except as provided in subparagraphs 1 through 6, where it is deemed that a fire or other emergency is highly likely to cause damage to humans or property. |
| (2) | Items subject to a fire safety inspection shall be prescribed by Presidential Decree. In such cases, those items shall include the current status of fire prevention measures, the management status of firefighting systems, etc., and the risk of fire, etc. on objects of fire services. |
| (3) | In conducting fire safety inspections, the head of a fire service agency or station shall not abuse the right to inspect for other purposes. |
| Article 8 (Methods and Procedures for Fire Safety Inspection) |
| (1) | The head of a fire service agency or station may comprehensively conduct a fire safety inspection on all items under Article 7 (2), or conduct it only on specific items in accordance with the purpose of the inspection. |
| (2) | Where the head of a fire service agency or station intends to conduct a fire safety inspection, he or she shall, in advance, notify relevant persons of the places to be inspected, period of, grounds for the inspection, etc. by mail, telephone, email or text message, and publish such information on the relevant agency's or station's website or on a computer system, etc. under Article 16 (3), as prescribed by Presidential Decree: Provided, That this shall not apply to any of the following cases: |
| 1. | Where it is urgently necessary to conduct the inspection because the possibility of a fire is high; |
| 2. | Where it is deemed that the purpose of the fire safety inspection may not be achieved if prior notice or disclosure of the fire safety inspection is provided in addition to subparagraph 1. |
| (3) | No fire safety inspection shall be conducted except during the opening hours or working hours of an object of fire service without the consent of relevant persons: Provided, That this shall not apply to cases falling under paragraph (2) 1. |
| (4) | Where it is impracticable for a relevant person upon receipt of a notice under paragraph (2) to undergo a fire safety inspection due to an act of God or other grounds prescribed by Presidential Decree, he or she may request the head of a fire service agency or station who has notified the fire safety inspection to postpone the fire safety inspection, as prescribed by Presidential Decree. In such cases, the head of a fire service agency or station shall decide whether to approve an application for postponement and notify the relevant person of the result before commencing the inspection. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for methods, procedures, etc., for fire safety inspection shall be prescribed by Presidential Decree. |
| Article 9 (Organization and Operation of Fire Safety Inspection Team) |
| (1) | The head of a fire service agency or station may organize and operate a Central Fire Safety Inspection Team in the National Fire Agency, and a local fire safety inspection team in a fire headquarters, and a fire station, in order to efficiently conduct fire safety inspections, as prescribed by Presidential Decree. |
| (2) | Where necessary for performing affairs of the Central Fire Safety Inspection Team and a local fire safety inspection team under paragraph (1), the head of a fire service agency or station may request the head of a relevant agency to dispatch public officials or employees under his or her jurisdiction. In such cases, the heads of relevant agencies requested to dispatch public officials or employees shall cooperate with such request, unless there is a compelling reason not to do so. |
| Article 10 (Composition and Operation of Fire Safety Inspection Committee) |
| (1) | If necessary to select the places subject to a fire safety inspection in an objective and fair manner, the head of a fire service agency or station may select them by establishing a fire safety inspection committee. |
| (2) | Matters necessary for the composition, operation, etc. of the fire safety inspection committee shall be prescribed by Presidential Decree. |
| Article 11 (Participation of Experts in Fire Safety Inspection) |
| (1) | Where necessary, the head of a fire service agency or station may require a professional firefighting engineer, firefighting system manager, or other persons with expertise in fire safety to participate in a fire safety inspection. |
| (2) | Any outside expert participating in an inspection prescribed in paragraph (1) may be paid allowances, travel expenses, and other expenses incurred within the budget. |
| Article 12 (Presentation of Identification and Obligation of Confidentiality) |
| (1) | The competent public official or the relevant expert who conducts a fire safety inspection shall carry identification indicating his or her authority and present it to relevant persons. |
| (2) | The competent public official or the relevant expert who conducts a fire safety inspection shall not interfere with the legitimate business affairs of a relevant person; and shall not provide or divulge to any other person or institution, or use for any purpose other than its original purpose, any materials obtained or any confidential information learned in the course of such inspection. |
| Article 13 (Notification of Findings of Fire Safety Inspection) |
After completing a fire safety inspection, the head of a fire service agency or station shall notify relevant persons of the inspection results in writing: Provided, That this shall not apply where he or she has explained to the relevant persons the findings of the fire safety inspection at the site of the fire safety inspection and has issued a duplicate of the written findings of the fire safety inspection.
| Article 14 (Order to Take Measures Based on Findings of Fire Safety Inspection) |
| (1) | If a fire safety inspection shows that it is necessary to improve the location, structure, equipment, or conditions of management of an object of fire service for the prevention of a fire; or that a fire is likely to cause severe damage to human life or property, the head of a fire service agency or station may order relevant persons to repair, move, remove, prohibit, or restrict the use of, close, suspend or discontinue the installation of the said object of fire service and to take other necessary measures, as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (2) | If a fire safety inspection shows that an object of fire service was built or installed in violation of statutes or regulations, or if any firefighting system or such, evacuation facility, fire compartment, or fire prevention facility, etc. is not installed or managed in compliance with statutes or regulations, the head of a fire service agency or station may order relevant persons to take measures prescribed in paragraph (1), or request the head of the relevant administrative agency to take necessary measures. |
| Article 15 (Compensation for Losses) |
Where a person suffers a loss owing to an order under Article 14 (1), the Commissioner of the National Fire Agency or the Mayor/Do Governor shall compensate him or her for such loss, as prescribed by Presidential Decree.
| Article 16 (Disclosure of Findings of Fire Safety Inspection) |
| (1) | Upon conducting a fire safety inspection, the head of a fire service agency or station may fully or partially disclose all or some of the following on a website or a computer system, etc. referred to in paragraph (3): |
| 1. | Status of objects of fire service, such as location, total floor area, and use; |
| 2. | The current status of the installation and management of firefighting systems, etc.; |
| 3. | Current status of the installation and management of evacuation facilities, fire compartments, and fire prevention facilities; |
| 4. | Other matters prescribed by Presidential Decree. |
| (2) | Matters necessary for the procedures and methods for, periods of, etc. the disclosure of the findings of fire safety inspection under paragraph (1) shall be prescribed by Presidential Decree. |
| (3) | The Commissioner of the National Fire Agency shall establish and operate a computer system in order to systematically manage and utilize the findings of the fire safety inspection under paragraph (1). |
| (4) | In order to utilize fire safety-related information such as building, electricity, and gas for firefighting activities, etc., the Commissioner of the National Fire Agency may build a computer system under paragraph (3) in connection with the computer system built and being operated by relevant central administrative agencies, local governments, public institutions, etc. |
CHAPTER IV FIRE PREVENTION MEASURES
| Article 17 (Fire Prevention Measures) |
| (1) | No one shall commit any of the following acts in a fire prevention and reinforcement district or a place equivalent thereto which is prescribed by Presidential Decree: Provided, That this shall not apply where safety measures have been taken as prescribed by Ordinance of the Ministry of the Interior and Safety: |
| 1. | Engaging in hazardous practices, such as lighting a bonfire and smoking; |
| 2. | Flying a hot air balloon, including sky lantern; |
| 3. | Acts of generating flames or sparks, such as welding and melting; |
| 4. | Other activities prescribed by Presidential Decree, which are likely to cause a fire. |
| (2) | With respect to an act or object deemed likely to cause a fire or hindrance to firefighting activities, the head of a fire service agency or station may issue the following orders to the party to the act, or the owner, manager or occupant of the object: Provided, That where it is difficult to identify who the owner, manager, or occupant of the object referred to in subparagraph 2 or 3 is, the head of a fire service agency or station may require a public official under his or her jurisdiction to take necessary measures, such as moving or keeping such object: |
| 1. | Prohibition or restriction of an act falling under any subparagraph of paragraph (1); |
| 2. | Removal or separation of, and prohibition of loading, etc. combustible goods, such as wood and plastic; |
| 3. | Movement of objects that may impede the passage of fire engines or firefighting activities. |
| (3) | Matters necessary for the storage period of objects, etc. relocated under the proviso of paragraph (2) and for the disposal, etc. after expiration of such storage period shall be prescribed by Presidential Decree. |
| (4) | Matters to be observed when using fire in relation to the locations, structures, and for the management of boilers, stoves, drier installations, gas or electric installations, and other equipment and instruments prescribed by Presidential Decree which are likely to cause fire, and for fire prevention, shall be prescribed by Presidential Decree. |
| (5) | Criteria for the storage and handling of special combustible materials prescribed by Presidential Decree, such as rubber, plastics, coal, and charcoal, whose flames can quickly spread once ignited, shall be prescribed by Presidential Decree. |
| Article 18 (Designation of Fire Prevention and Reinforcement Districts) |
| (1) | A Mayor/Do Governor may designate any of the following areas as a fire prevention and reinforcement district and manage it: <Amended on Apr. 11, 2023> |
| 2. | An area where factories and warehouses are concentrated; |
| 3. | An area where wooden buildings are concentrated; |
| 4. | An area where dilapidated and substandard buildings are concentrated; |
| 5. | An area where facilities for the storage and disposal of hazardous substances are concentrated; |
| 6. | An area where factories producing petrochemical products are located; |
| 8. | An area where a firefighting system, a fire extinguishing water supply system, or a passage for firefighting action does not exist; |
| 10. | Other areas corresponding to those referred to in subparagraphs 1 through 9, which are deemed necessary by the head of a fire service agency or station to be designated as fire prevention and reinforcement districts. |
| (2) | Where a Mayor/Do Governor fails to designate an area that needs to be designated as a fire prevention and reinforcement district as such notwithstanding paragraph (1), the Commissioner of the National Fire Agency may request the relevant Mayor/Do Governor to designate the area as a fire prevention and reinforcement district. |
| (3) | The head of a fire service agency or station shall conduct a fire safety inspection of the location, structure, equipment, etc. of objects of fire service within the fire prevention and reinforcement district referred to in paragraph (1), as prescribed by Presidential Decree. |
| (4) | Where the head of a fire service agency or station deems it necessary to strengthen fire prevention based on the results of a fire safety inspection under paragraph (3), he or she shall order relevant persons to install (including repair or reinforcement: hereinafter the same shall apply) fire extinguishing equipment, fire extinguishing water supply systems, or other equipment necessary for firefighting (hereinafter referred to as "firefighting equipment, etc."). |
| (5) | The head of a fire service agency or station may provide training and education necessary for firefighting to the relevant persons within fire prevention and reinforcement districts, as prescribed by Presidential Decree. |
| (6) | The Mayor/Do Governor shall annually prepare and manage materials necessary to prevent fires within fire prevention and reinforcement districts, as prescribed by Presidential Decree, which contain information on the current status of designation of fire prevention and reinforcement districts under paragraph (1), the findings of fire safety inspections under paragraph (3), the current status of orders to install firefighting equipment, etc. under paragraph (4), and the current status of fire drills and education under paragraph (5). |
| Article 19 (Support for Fire Prevention) |
| (1) | Where the Commissioner of the National Fire Agency orders installation of firefighting equipment, etc. pursuant to Article 18 (4), he or she may provide the relevant person with support necessary for the installation of firefighting equipment, etc. |
| (2) | The Commissioner of the National Fire Agency may request cooperation necessary for the support under paragraph (1) from the head of the relevant central administrative agency and/or a Mayor/Do Governor. |
| (3) | Where requested by the Commissioner of the National Fire Agency pursuant to paragraph (2) or where necessary to improve the fire safety of objects of fire service within fire prevention and reinforcement districts, the Mayor/Do Governor may subsidize expenses incurred in installing firefighting equipment, etc., as prescribed by ordinance of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province (hereinafter referred to as City/Do"). |
| Article 20 (Fire Warnings) |
Where the head of a fire service agency or station analyzes and concludes that there is a high risk of fire based on a forecast and severe weather alerts for meteorological phenomena and meteorological impacts and a typhoon forecast under Articles 13, 13-2, and 13-4 of the Weather Act, he or she may issue a fire warning and take necessary measures therefor, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Feb. 14, 2023>
| Article 21 (Fire Safety Impact Assessment) |
| (1) | Where deemed necessary to improve statutes, regulations, or policies in the course of investigating and analyzing the causes of fire and the process of combustion, the Commissioner of the National Fire Agency may conduct an assessment of the causes of fire and methods for fire mitigation prescribed in such statutes, regulations or policies (hereinafter referred to as "fire safety impact assessment"). |
| (2) | Where the Commissioner of the National Fire Agency conducts a fire safety impact assessment pursuant to paragraph (1), he or she shall notify the head of the competent agency having jurisdiction over such statutes, regulations, or policies of the results of the assessment. |
| (3) | The head of the competent agency notified of the results under paragraph (2) shall endeavor to reflect the results in the relevant statutes, regulations, or policies, unless there is a compelling reason not to do so. |
| (4) | Matters necessary for the methods, procedures, criteria, etc. for the fire safety impact assessment shall be prescribed by Presidential Decree. |
| Article 22 (Fire Safety Impact Assessment Deliberative Council) |
| (1) | The Commissioner of the National Fire Agency may organize and operate a fire safety impact assessment deliberative council (hereinafter referred to as the "Deliberative Council") to perform affairs related to fire safety impact assessment. |
| (2) | The Deliberative Council shall be comprised of not more than 12 members including one chairperson. |
| (3) | The chairperson shall be elected by and from among members, and the members shall be the following persons: |
| 1. | Persons prescribed by Presidential Decree, who are employees of a relevant agency in charge of statutes, regulations, or policies related to fire safety; |
| 2. | Persons commissioned by the Commissioner of the National Fire Agency, from among the experts who have abundant knowledge of and experience in fields related to fire safety prescribed by Presidential Decree such as firefighting engineers. |
| (4) | Except as provided in paragraphs (2) and (3), matters necessary for the composition, operation, etc., of the Deliberative Council shall be prescribed by Presidential Decree. |
| Article 23 (Support for Persons at Risk in terms of Fire Safety) |
| (1) | The head of a fire service agency or station shall endeavor to provide necessary support such as providing firefighting appliances and improving firefighting systems to create a safe living environment for persons vulnerable to fire prevention and safety control, such as children, senior citizens, and persons with disabilities (hereinafter referred to as "persons at risk in terms of fire safety"). |
| (2) | Matters necessary for persons at risk in terms of fire safety eligible for support, scope of, methods, procedures, etc. for such support under paragraph (1) shall be prescribed by Presidential Decree. |
| (3) | The head of a fire service agency or station may request the heads of the relevant administrative agencies to provide cooperation necessary for efficiently providing support under paragraph (1). In such cases, the head of the relevant administrative agency shall, upon receipt of such request, shall comply therewith, except in extenuating circumstances. |
CHAPTER V FIREFIGHTING SAFETY CONTROL OF OBJECTS OF FIRE SERVICE
| Article 24 (Firefighting Safety Control of Specific Objects of Fire Service) |
| (1) | Relevant persons to a specific object of fire service prescribed by Presidential Decree requiring specialized safety control (hereinafter referred to as "object subject to firefighting safety control") among specific objects of fire service shall appoint a person issued a certificate of qualification as a firefighting safety controller referred to in Article 30 (1) as a firefighting safety controller to perform firefighting safety control affairs. In such cases, with respect to any object subject to firefighting safety control prescribed by Presidential Decree for which assistance is required with the affairs of a firefighting safety controller, an assistant firefighting safety controller shall be appointed in addition to a firefighting safety controller. |
| (2) | No other safety controllers (referring to persons engaged in the safety control of electricity, gas, dangerous goods, etc. pursuant to other statutes or regulations: hereinafter the same shall apply) may concurrently serve as a firefighting safety controller of an object subject to firefighting safety control prescribed by Presidential Decree, which requires dedicated firefighting safety control, from among the objects subject to firefighting safety control: Provided, That this shall apply unless otherwise expressly provided in other statutes. |
| (3) | Notwithstanding paragraph (1), a relevant person to an object subject to firefighting safety control under Article 25 (1) may designate a person who can supervise a management business operator who vicariously performs firefighting safety control affairs (referring to a person who has filed for registration of a firefighting system management business under Article 29 (1) of the Act on Installation and Management of Firefighting Systems; hereinafter referred to as "management business operator") and appoint him or her as a firefighting safety controller. In such cases, a person appointed as a firefighting safety controller shall receive education under Article 34 within three months from the date of appointment. |
| (4) | The qualifications for, and criteria for number of, persons to be appointed as firefighting safety controllers and assistant firefighting safety controllers shall be prescribed by Presidential Decree, and procedures for appointment and other necessary matters shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (5) | Relevant persons to specific objects of fire service (excluding objects subject to firefighting safety control) and firefighting safety controllers of objects subject to firefighting safety control shall conduct the following affairs: Provided, That the affairs under subparagraphs 1, 2, 5, and 7 shall be limited to objects subject to firefighting safety control: |
| 1. | Preparation and implementation of a firefighting plan, including matters relating to an evacuation plan under Article 36 and matters prescribed by Presidential Decree; |
| 2. | Composition, operation, and education of a self-defense firefighting team and an early response system; |
| 3. | Management of evacuation facilities, fire compartments, and fire prevention facilities under Article 16 of the Act on Installation and Maintenance of Firefighting Systems; |
| 4. | Management of firefighting systems and other firefighting-related facilities; |
| 6. | Supervision of handling of flammables; |
| 7. | Keeping and retaining records on performance of affairs regarding firefighting safety control (referring to affairs under subparagraphs 3, 4, and 6), as prescribed by Ordinance of the Ministry of the Interior and Safety; |
| 8. | Early response in the event of fire; |
| 9. | Other affairs necessary for firefighting safety control. |
| (6) | Matters necessary for the composition, operation, education, etc. of a self-defense firefighting team and an early response system provided in paragraph (5) 2 shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| Article 25 (Vicarious Performance of Firefighting Safety Control Affairs) |
| (1) | Notwithstanding Article 24 (1), relevant persons to an object subject to firefighting safety control prescribed by Presidential Decree the total floor area, etc. of which is less than a certain size among the objects subject to firefighting safety control may have a management business operator vicariously perform affairs prescribed by Presidential Decree among firefighting safety control affairs under paragraph (5) of that Article. In such cases, a firefighting safety controller appointed in accordance with Article 24 (3) shall supervise the vicarious performance of the affairs by the management business operator and shall directly perform firefighting safety control affairs, other than those vicariously performed. |
| (2) | A person who vicariously performs firefighting safety control affairs pursuant to the former part of paragraph (1) shall comply with the matters to be observed which are prescribed by Ordinance of the Ministry of the Interior and Safety, such as standards for the placement of human resources who vicariously perform the affairs, qualifications, methods, etc. for the placement. |
| (3) | When the firefighting safety control affairs are performed by a management business operator under paragraph (1), the consideration shall be calculated according to the methods prescribed by Ordinance of the Ministry of the Interior and Safety based on the consideration standards for engineering projects prescribed in Article 31 of the Engineering Industry Promotion Act. |
| Article 26 (Reporting of Appointment of Firefighting Safety Controller) |
| (1) | Where a relevant person to an object subject to firefighting safety control has appointed a firefighting safety controller or assistant firefighting safety controller under Article 24, he or she shall report such fact to the head of a fire headquarters or the head of a fire station within 14 days from the date of appointment as prescribed by Ordinance of the Ministry of the Interior and Safety, and post the name of the firefighting safety controller and other matters prescribed by Ordinance of the Ministry of the Interior and Safety, to help entrants to an object subject to firefighting safety control easily recognize such information. |
| (2) | Where a relevant person to an object subject to firefighting safety control has dismissed a firefighting safety controller or an assistant firefighting safety controller, either a relevant person thereto, or the firefighting safety controller, or the assistant firefighting safety controller dismissed may notify the director general of a fire headquarters or the head of a fire station of such fact to receive confirmation of the fact of dismissal. |
| Article 27 (Affairs of Relevant Persons) |
| (1) | A relevant person to a specific object of fire service shall perform firefighting safety control affairs prescribed in Article 24 (5) on the specific object of fire service. |
| (2) | A relevant person to an object subject to firefighting safety control shall direct and supervise a firefighting safety controller so that he or she may conscientiously perform firefighting safety control affairs. |
| (3) | To protect human lives and property, where a firefighting safety controller finds that a firefighting system, evacuation facility, fire prevention facility, fire compartment, etc. are in violation of statutes or regulations, he or she shall promptly request a relevant person to an object subject to firefighting safety control to take necessary measures, such as improvement, relocation, removal, and repair. Where the relevant person does not perform as requested, the firefighting safety controller shall notify the head of a fire headquarters or the head of a fire station of such fact. In such cases, the firefighting safety controller shall perform his or her affairs fairly and objectively. |
| (4) | Upon receipt of a request to take measures, etc. under paragraph (3) from the firefighting safety controller, the relevant person to an object subject to firefighting safety control shall without delay comply with such request, and shall not treat the firefighting safety controller unfavorably by, such as dismissing him or her or refusing to pay him or her remuneration. |
| Article 28 (Order to Appoint Firefighting Safety Controller) |
| (1) | The head of a fire headquarters or the head of a fire station may order a relevant person to an object subject to firefighting safety control who fails to appoint a firefighting safety controller or assistant firefighting safety controller under Article 24 (1) to appoint a firefighting safety controller or assistant firefighting safety controller. |
| (2) | The director general of a fire headquarters or the head of a fire station may order a relevant person to a specific object of fire service or a firefighting safety controller, both of whom fail to perform the affairs prescribed in Article 24 (5) to perform such affairs. |
| Article 29 (Firefighting Safety Control at Construction Sites) |
| (1) | Where a contractor under Article 15 (1) of the Act on Installation and Maintenance of Firefighting Systems newly constructs, extends, reconstructs, rebuilds, relocates, alters uses, or substantially repairs specific objects of fire service prescribed by Presidential Decree which are highly likely to catch fire or sustain damage from fire (hereinafter referred to as "object subject to firefighting safety control at construction sites"), the contractor shall appoint a firefighting safety controller under Article 24 (1) who has received education under Article 34 as such firefighting safety controller from the date of reporting on commencement of firefighting system installation to the date of approval for use of the building (referring to the date the building becomes usable pursuant to Article 22 of the Building Act) and shall report such fact to the head of a firefighting headquarters or the head of a fire station, as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (2) | A firefighting safety controller of an object subject to firefighting safety control at a construction site referred to in paragraph (1) shall perform the following affairs: |
| 1. | Preparation of a firefighting plan at the construction site; |
| 2. | Supervision of the installation and management of temporary firefighting systems under Article 15 (1) of the Act on Installation and Maintenance of Firefighting Systems; |
| 3. | Securing and managing refuge areas, evacuation routes, etc. by phase of construction progress; |
| 4. | Education and training on firefighting safety for workers at construction sites; |
| 5. | Organization and operation of, and education on, an early response system; |
| 6. | Supervision of handling of flammables, and permission for and management of operations involving fire hazards; |
| 7. | Other affairs publicly notified by the Commissioner of the National Fire Agency in relation to firefighting safety control at construction sites. |
| (3) | Articles 26 through 28 shall apply mutatis mutandis to firefighting safety control of objects subject to firefighting safety control at construction sites. In such cases, "relevant person to an object subject to firefighting safety control" or "relevant person to a specific object of fire service" shall be construed as "contractor". |
| Article 30 (Qualifications for, and Issuance of Certificates of Qualification as, Firefighting Safety Controllers) |
| (1) | A person who has been issued a certificate of qualification as a firefighting safety controller by the Commissioner of the National Fire Agency shall meet any of the following qualifications for a firefighting safety controller referred to in Article 24 (1): |
| 1. | He or she shall have passed a qualifying examination for firefighting safety controller conducted by the Commissioner of the National Fire Agency; |
| 2. | Any of the following persons prescribed by Presidential Decree: |
| (a) | A person who holds a national technical qualification certificate related to firefighting and safety; |
| (b) | A holder of a specific national technical qualification certificate which falls under item (a) and has practical experience working as a firefighting safety controller; |
| (c) | Experienced firefighting official; |
| (2) | Where a person satisfying the qualifications under the subparagraphs of paragraph (1) applies for the issuance of a certificate of qualification as a firefighting safety controller, the Commissioner of the National Fire Agency shall issue the certificate of qualification as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (3) | Where a person issued a certificate of qualification as a firefighting safety controller pursuant to paragraph (2) loses it or where such certificate becomes unusable, he or she may be reissued a certificate of qualification as a firefighting safety controller, as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (4) | No person shall lend or borrow a certificate of qualification of a firefighting safety controller issued or reissued pursuant to paragraph (2) or (3) to another person, and help arrange lending or borrowing of such certificate. |
| Article 31 (Suspension and Revocation of Qualification of Firefighting Safety Controllers) |
| (1) | Where a person issued a certificate of qualification as a firefighting safety controller as prescribed in Article 30 (2) falls under any of the following, the Commissioner of the National Fire Agency may revoke his or her qualification or suspend the qualification for a specified period not exceeding one year, as prescribed by Ordinance of the Ministry of the Interior and Safety: Provided, That where he or she falls under subparagraph 1 or 3, the Commissioner of the National Fire Agency shall revoke said qualification: |
| 1. | Where he or she is issued a certificate of qualification as a firefighting safety controller by fraud or other improper means; |
| 2. | Where he or she is negligent in the performance of firefighting safety control affairs under Article 24 (5); |
| 3. | Where he or she lends a certificate of qualification as a firefighting safety controller to another person, in violation of Article 30 (4); |
| 4. | Where he or she fails to receive in-service training under Article 34; |
| 5. | Where he or she violates this Act or any order issued pursuant to this Act. |
| (2) | No firefighting safety controller whose qualification is revoked pursuant to paragraph (1) shall be eligible to be issued a certificate of qualification as a firefighting safety controller for two years from the date the qualification is revoked. |
| Article 32 (Qualifying Examination for Fire Safety Controllers) |
| (1) | Qualification of persons eligible to apply for a qualifying examination for firefighting safety controllers under Article 30 (1) 1 shall be prescribed by Presidential Decree. |
| (2) | Matters necessary for the qualifying examination for firefighting safety controllers under paragraph (1), such as methods of qualifying examination for firefighting safety controllers, public announcement of the examination, and determination of successful candidates shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| Article 33 (Establishment and Operation of Comprehensive Information Network, which Contains Information on Fire Safety Controllers) |
| (1) | The Commissioner of the National Fire Agency may establish and operate a comprehensive information network in order to efficiently manage the following information on firefighting safety controllers and assistant firefighting safety controllers: |
| 1. | Status of the reporting of appointment of firefighting safety controllers and assistant firefighting safety controllers under Article 26 (1); |
| 2. | Status of confirmation of the fact of dismissal of firefighting safety controllers and assistant firefighting safety controllers under Article 26 (2); |
| 3. | Status of the reporting of appointment of firefighting safety controllers at construction sites under Article 29 (1); |
| 4. | Status of successful candidates on qualifying examination for firefighting safety controllers and issuance of certificates of qualification as a firefighting safety controller under Article 30 (1) and (2); |
| 5. | Status of suspension and revocation of certificates of qualification as firefighting safety controllers under Article 31 (1); |
| 6. | Status of implementation of training of firefighting safety controllers and assistant firefighting safety controllers under Article 34. |
| (2) | Matters necessary for the establishment, operation, etc. of the comprehensive information network under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 34 (Education of Firefighting Safety Controllers) |
| (1) | A person who intends to become a firefighting safety controller or who is appointed as one (including assistant firefighting safety controller) shall take the following training courses or receive the following in-service training conducted by the Commissioner of the National Fire Agency, as prescribed by Ordinance of the Ministry of the Interior and Safety, in order to acquire or improve capabilities relating to firefighting safety control affairs: |
| (a) | A person prescribed by Presidential Decree who intends to obtain recognition of his or her qualification as a firefighting safety controller; |
| (b) | A person who intends to be appointed as a firefighting safety controller under Article 24 (3); |
| (c) | A person who intends to be appointed as a firefighting safety controller under Article 29; |
| (a) | A firefighting safety controller and an assistant firefighting safety controller appointed under Article 24 (1); |
| (b) | A firefighting safety controller appointed under Article 24 (3). |
| (2) | Methods of training under paragraph (1) shall be as follows: Provided, That training under subparagraph 1 or 3 may be provided as training under subparagraph 2, as prescribed by Ordinance of the Ministry of the Interior and Safety, where there is any unavoidable cause, such as infectious disease under Article 2 of the Infectious Disease Control and Prevention Act: |
| 2. | Distance education using information and communication media; |
| 3. | Education combining the education prescribed in subparagraph 1 and one prescribed in subparagraph 2. |
| Article 35 (Firefighting Safety Control of Specific Objects of Fire Service with Separate Entitlements to Control) |
| (1) | Where any of the following specific objects of fire service whose entitlements to control are separate, the relevant person for each entitlements to control of such specific object of fire service shall appoint a firefighting safety controller referred to in Article 24 (1), as prescribed by Presidential Decree: Provided, That where it is deemed that efficient firefighting safety control is not implemented because of many different entitlements to control, the director general of a fire headquarters or the head of a fire station may adjust the titles of control to appoint a firefighting safety controller, as prescribed by Presidential Decree: |
| 1. | Complex buildings (buildings with not less than 11 floors, but with a total floor area of not less than 30,000 square meters); |
| 2. | An underground street (collectively referring to both a series of shops, offices, and other facilities similar thereto installed in an underground structure adjacent to underground passages as well as the underground passage themselves); |
| 3. | Other specific objects of fire service prescribed by Presidential Decree. |
| (2) | Relevant persons for each entitlements to control under paragraph (1) shall appoint a firefighting safety controller who exercises overall control of affairs necessary for firefighting safety control over all the specific objects of fire service (hereinafter referred to as "general firefighting safety controller") from among the firefighting safety controllers appointed pursuant to paragraph (1) in mutual consultation, or separately. In such cases, the qualification for a general firefighting safety controller shall be prescribed by Presidential Decree, and matters necessary for performing his or her affairs, etc. shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (3) | Matters relating to a general firefighting safety controller among the matters prescribed in Articles 24, 26 through 28, and 30 through 34 shall apply mutatis mutandis to a general firefighting safety controller under paragraph (2). |
| (4) | Fire safety controllers and general firefighting safety controllers appointed pursuant to paragraphs (1) and (2) shall organize a joint firefighting safety control council to efficiently conduct firefighting safety control of the relevant specific object of fire service, and shall jointly conduct firefighting safety control of the relevant specific object of fire service. In such cases, matters necessary for the organization and operation of the joint firefighting safety control council and the performance, etc. of joint firefighting safety control shall be prescribed by Presidential Decree. |
| Article 36 (Formulation and Implementation of Escape Plans) |
| (1) | A relevant person to an object subject to firefighting safety control shall formulate and implement an evacuation plan for persons working, residing in, or entering into the relevant place to evacuate safely if a fire breaks out. |
| (2) | An evacuation plan under paragraph (1) shall include escape routes, taking into consideration the structure of the relevant object subject to firefighting safety control, evacuation facilities, etc. |
| (3) | A relevant person to an object subject to firefighting safety control shall regularly provide the workers or residents with evacuation guide information including the location of evacuation facilities, evacuation routes, or evacuation tips. |
| (4) | Matters necessary for the formulation and implementation of evacuation plans under paragraph (1) and the provision of evacuation guide information under paragraph (3) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| Article 37 (Firefighting Drills for Workers, Residents of Objects subject to Firefighting Safety Control) |
| (1) | A relevant person to an object subject to firefighting safety control shall train persons who work or reside in the relevant place (hereafter in this Article referred to as "workers, etc.") for fire extinguishing, notification, evacuation, etc. (hereinafter referred to as "fire drill") and provide necessary education for firefighting safety control. The evacuation training shall include a drill to evacuate persons who enter the relevant object of fire service to a safe place. In such cases, the frequency, method, etc. of fire drills and education and other necessary matters shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (2) | A relevant person to an object subject to firefighting safety control prescribed by Presidential Decree requiring full responsibility for firefighting safety control among objects subject to firefighting safety control shall submit the outcomes of fire drills and education to the head of a fire headquarters or the head of a fire station, as prescribed by Ordinance of the Ministry of the Interior and Safety, within 30 days from the date the fire drills and education under paragraph (1) are conducted. |
| (3) | The director general of a fire headquarters or the head of a fire station may direct and supervise a fire drill conducted by a relevant person to an object subject to firefighting safety control under paragraph (1). |
| (4) | The director general of a fire headquarters or the head of a fire station may conduct fire drills and education for workers, etc. of specific objects of fire service prescribed by Presidential Decree, who are used by many unspecified persons, from among objects subject to firefighting safety control. In such cases, the director general of a fire headquarters or the head of a fire station shall prepare measures to minimize inconvenience to workers, etc. of specific objects of fire service and to ensure safety, etc., and give prior notice of the details of, methods, procedures, etc. for fire drills and education to relevant persons, as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (5) | Where the director general of a fire headquarters or the head of a fire station conducts fire drills and education pursuant to paragraph (4), he or she may evaluate the results thereof. In such cases, matters necessary for the methods, procedures, etc. for evaluating fire drills and education shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| Article 38 (Firefighting Safety Education for Relevant Persons to Specific Objects of Fire Service) |
| (1) | The director general of a fire headquarters or the head of a fire station may conduct firefighting safety education for relevant persons to specific objects of fire service not subject to Article 37, to prevent fire on such specific objects of fire service and to ensure firefighting safety, as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (2) | Matters necessary for persons subject to education, the scope, etc. of specific objects of fire service under paragraph (1) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| Article 39 (Firefighting Safety Control of Public Institutions) |
| (1) | The State, local governments, and the heads of public institutions prescribed by Presidential Decree, such as national or public schools, shall control fire safety through such as fire prevention efforts, the organization and composition of a self-defense firefighting team, in-house inspection of firefighting systems, etc., and fire drills, etc. in order to protect the lives and bodies of workers, etc. and the buildings, structures, articles, etc. of the competent institutions against the risk of fire. |
| (2) | Notwithstanding Articles 24 through 38, the following matters relating to the public institutions referred to in paragraph (1) shall be prescribed by Presidential Decree: |
| 1. | Qualifications for, responsibility, appointment, etc. of a firefighting safety controller; |
| 2. | Vicarious performance of firefighting safety control affairs; |
| 3. | Organization, operation, and education of a self-defense firefighting team; |
| 4. | Fire drills and education for workers, etc.; |
| 5. | Other matters necessary for firefighting safety control. |
CHAPTER VI FIREFIGHTING SAFETY CONTROL OF SPECIAL CONTROL ESTABLISHMENTS
| Article 40 (Safety Control of Establishments subject to Special Firefighting Safety Control) |
| (1) | The Commissioner of the National Fire Agency shall exercise special control over the fire safety of the following facilities (hereinafter referred to as "establishments subject to special firefighting safety control") that cause significant social and economic damage in the event of a fire or other disaster: <Amended on Mar. 21, 2023> |
| 5. | Facilities that are designated cultural heritage defined in Article 2 (3) of the Cultural Heritage Protection Act or that are natural monuments, scenic spots, or City/Do natural heritage under the Act on Preservation and Utilization of Natural Heritage (including facilities that protect or are in possession of any designated cultural heritage, natural monument, scenic spot, or City/Do natural heritage which is not a facility); |
| 10. | Underground utility tunnels for electricity and underground utility tunnels for telecommunication; |
| 13. | Traditional markets referred to in subparagraph 1 of Article 2 of the Special Act on the Promotion of Traditional Markets and Shopping Districts, which are prescribed by Presidential Decree; |
| 14. | Other facilities prescribed by Presidential Decree. |
| (2) | The Commissioner of the National Fire Agency shall formulate and implement a master plan for special firefighting safety control to be included in the master plan under Article 4 (1) in consultation with a relevant Mayor/Do Governor in order to systematically and efficiently exercise special control pursuant to paragraph (1). |
| (3) | The Mayor/Do Governor shall formulate and implement an action plan for special firefighting safety control which is suitable for the safety control over establishments subject to special firefighting safety control within his or her jurisdictional area to be included in a detailed action plan under Article 4 (6), to the extent not contrary to the master plan for special firefighting safety control under paragraph (2). |
| (4) | Matters necessary for the master plan for special firefighting safety control and action plan for special firefighting safety control under paragraphs (2) and (3) shall be prescribed by Presidential Decree. |
| Article 41 (Fire Prevention and Safety Diagnosis) |
| (1) | A relevant person to establishments subject to special firefighting safety control prescribed by Presidential Decree shall regularly undergo a fire prevention and safety diagnosis by the Korea Fire Safety Institute under Article 40 of the Framework Act on Firefighting Services (hereinafter referred to as the "Safety Institute") or an agency for fire prevention and safety diagnosis designated by the Commissioner of the National Fire Agency (hereinafter referred to as "diagnosis agency") to systematically and efficiently prevent fire and control safety, as prescribed by Presidential Decree. |
| (2) | The scope of the fire prevention and safety diagnosis under paragraph (1) shall be as follows: |
| 1. | Matters relating to the investigation of fire risk factors; |
| 2. | Matters relating to the formulation of firefighting plans and evacuation plans; |
| 3. | Matters relating to the maintenance and management of firefighting systems, etc.; |
| 4. | Matters relating to emergency responders and education and training thereof; |
| 5. | Matters relating to fire risk assessment; |
| 6. | Other matters prescribed by Presidential Decree for fire prevention and safety diagnosis. |
| (3) | In the year in which the Safety Institute or a diagnosis agency has undergone a fire prevention and safety diagnosis pursuant to paragraph (1), it shall be deemed to have undergone the fire drills and education under Article 37 and to have received the in-house inspection under Article 22 of the Act on Installation and Maintenance of Firefighting Systems. |
| (4) | The Safety Institute or a diagnosis agency shall submit the findings of the fire prevention and safety diagnosis under paragraph (1) to the director general of a fire headquarters, the head of a fire station, or a relevant person, as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (5) | Where the head of a fire headquarters or the chief of a fire station deems based on the findings of a fire prevention and safety diagnosis submitted under paragraph (4) that measures, such as repair and reinforcement, are necessary, he or she may order a relevant person to the relevant establishment subject to special firefighting safety control to take measures, such as repair and reinforcement. |
| (6) | No person who engages or engaged in fire prevention and safety diagnosis shall use confidential information, etc., he or she has acquired in the course of his or her duties, for purposes other than those provided in this Act, or provide or divulge such information to another person or institution. |
| Article 42 (Designation and Revocation of Diagnosis Agency) |
| (1) | Any entity which intends to be designated as a diagnosis agency by the Commissioner of the National Fire Agency pursuant to Article 41 (1) shall apply for designation to the Commissioner after meeting criteria for designation, such as facility requirement and professional human resources requirement prescribed by Presidential Decree. |
| (2) | Where the entity designated as a diagnosis agency falls under any of the following, the Commissioner of the National Fire Agency may revoke its designation or may order such diagnosis agency to suspend the whole or part of its business affairs for a specified period not exceeding six months: Provided, That the Commissioner shall revoke said designation in the case of subparagraph 1 or 4: |
| 1. | Where the designation is obtained by fraud or other improper means; |
| 2. | Where the diagnosis agency fails to submit the findings of a fire prevention and safety diagnosis under Article 41 (4) to the director general of a fire headquarters, head of a fire station, or a relevant person; |
| 3. | Where the diagnosis agency falls short of the criteria for designation referred to in paragraph (1); |
| 4. | Where the diagnosis agency has conducted a fire prevention and safety diagnosis during a period of business suspension. |
| (3) | Matters necessary for the procedures for designation of diagnosis agencies, the revocation of designation, the disposition of suspension of business, etc. shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 43 (Implementation of Measures for Fire Prevention and Promotion of Safety Culture) |
| (1) | The head of a fire service agency or station shall actively conduct the following activities to raise citizens' awareness about the importance of fire prevention and safety, to prevent fire, and to promote a safety culture: |
| 1. | Activities and public relations for raising awareness about the importance of fire prevention and safety control; |
| 2. | Development and dissemination of behavioral guidelines necessary for fire prevention and safety control by characteristic of objects of fire service; |
| 3. | Discovery and spread of exemplary cases of fire prevention and safety culture; |
| 4. | Management, utilization, and disclosure of information on the current status of fire-related statistics; |
| 5. | strengthening fire prevention and safety control targeting the vulnerable group in terms of fire prevention and safety control; |
| 6. | Other activities for fire prevention and the promotion of a safety culture. |
| (2) | The head of a fire service agency or station may develop and implement a system that enables citizens or residents to participate in activities related to fire prevention and safety culture. |
| (3) | The Commissioner of the National Fire Agency may install and operate facilities through which people can practice and experience fire prevention and safety culture. |
| (4) | The State and local governments may provide budgetary support required for the activities related to fire prevention and safety culture implemented by local governments and other institutions and organizations. |
| Article 44 (Awards to Relevant Persons to Exemplary Objects of Fire Service) |
| (1) | In order to encourage the autonomous safety control of an object of fire service, the Commissioner of the National Fire Agency may select an object of fire service in exemplary condition in terms of safety control, and issue an exemplary object of fire service label, and provide an award to a relevant person to such exemplary object of fire service. |
| (2) | Matters necessary for the methods, procedures, etc. for selection of exemplary object of fire service under paragraph (1) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| Article 45 (Extension of Period for Orders to Take Measures) |
| (1) | A relevant person, etc. who receives an order to take measures, order of appointment, or order of compliance issued under the following subparagraphs (hereinafter referred to as "order to take measures, etc.") may, where he or she is unable to comply with the order to take measures, etc. within the period due to an act of God or any other reason prescribed by Presidential Decree, request the head of a fire service agency or station who has issued the order to take measures, etc. to extend the period of compliance with the order, as prescribed by Presidential Decree: |
| 1. | Repair, move, removal, prohibition or restriction of the use of, closure, suspension, or discontinuance of the installation of an object of fire service, and orders to take other necessary measures under Article 14; |
| 2. | An order to appoint a firefighting safety controller or an assistant firefighting safety controller under Article 28 (1); |
| 3. | An order to perform firefighting safety control affairs under Article 28 (2). |
| (2) | The head of a fire service agency or station who receives an application for extension pursuant to paragraph (1) shall decide whether to approve the extension and notify a relevant person, etc. of the result thereof within the period of compliance with the order to take measures, etc. |
| (1) | Where the Commissioner of the National Fire Agency or a Mayor/Do Governor intends to issue any of the following dispositions, he or she shall hold a hearing: |
| 1. | Revoking qualification of a firefighting safety controller under Article 31 (1); |
| 2. | Revoking designation of a diagnosis agency under Article 42 (2). |
Any of the following persons shall pay a fee, as prescribed by Ordinance of Ministry of the Interior and Safety:
| 1. | A person who intends to apply for a qualifying examination for firefighting safety controllers under Article 30 (1); |
| 2. | A person who intends to obtain issuance or reissuance of certificate of qualification as a firefighting safety controller under Article 30 (2) or (3); |
| 3. | A person who intends to take training courses or to receive in-service training referred to in Article 34; |
| 4. | A relevant person who intends to undergo a fire prevention and safety diagnosis under Article 41 (1). |
| Article 48 (Delegation or Entrustment of Authority) |
| (1) | Part of the authority of the Commissioner of the National Fire Agency or Mayors/Do Governors under this Act may be delegated to Mayors/Do Governors, the heads of fire headquarters or fire service agencies or stations as prescribed by Presidential Decree. |
| (2) | The head of a fire service agency or station may entrust the following affairs to the Safety Institute: |
| 1. | Receipt of reports on appointment of a firefighting safety controller or an assistant firefighting safety controller under Article 26 (1); |
| 2. | Confirmation of facts of dismissal of a firefighting safety controller or an assistant firefighting safety controller under Article 26 (2); |
| 3. | Receipt of reports on appointment of a firefighting safety controllers or an assistant firefighting safety controller at a construction site under Article 29 (1); |
| 4. | Qualifying examination for firefighting safety controller under Article 30 (1) 1; |
| 5. | Issuance or reissuance of certificates of qualification as firefighting safety controllers under Article 30 (2) or (3); |
| 6. | Matters relating to the establishment and operation of a comprehensive information network regarding firefighting safety control, etc. under Article 33; |
| 7. | Training courses or in-service training under Article 34. |
| (3) | A person who is or was engaged in the affairs entrusted under paragraph (2) shall neither use for purposes other than those prescribed in this Act the confidential information which comes to his or her knowledge in the course of performing his or her duties nor provide or divulge it to other persons or institutions. |
| Article 49 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) |
| 1. | A member of a fire safety inspection team under Article 9; |
| 2. | A member of a fire safety inspection committee under Article 10; |
| 3. | A person who participates in a fire safety inspection referred to in Article 11; |
| 4. | A member of a fire safety impact assessment deliberative council under Article 22; |
| 5. | An executive officer and employee of an agency conducting fire prevention and safety diagnosis under Article 41 (1); |
| 6. | A competent executive officer and employee of the Safety Institute engaged in the affairs entrusted pursuant to Article 48 (2). |
CHAPTER IX PENALTY PROVISIONS
| Article 50 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won:
| 1. | A person who violates an order to take measures under Article 14 (1) or (2) without good cause; |
| 2. | A person who violates an order under Article 28 (1) or (2) without good cause; |
| 3. | A person who violates an order to take measures such as repair and reinforcement under Article 41 (5) without good cause; |
| 4. | A person who obtains designation as a diagnosis agency under Article 42 (1) by fraud or other improper means. |
| (2) | Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: |
| 1. | A person who interferes with the legitimate business affairs of any relevant person; provides or divulges to any other person or institution any materials obtained or any confidential information learned in the course of inspection; or uses such materials or information for any purpose other than its original purpose, in violation of Article 12 (2); |
| 2. | A person who lends or borrows or helps arrange lending or borrowing of his or her certificate of qualification to another person, in violation of Article 30 (4); |
| 3. | A person who fails to undergo a fire prevention and safety diagnosis by a diagnosis agency, in violation of Article 41 (1). |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding three million won: |
| 1. | A person who refuses, obstructs, or evades a fire safety inspection under Article 7 (1) without good cause; |
| 2. | Any person who fails to comply with, or obstructs, an order under any subparagraph of Article 17 (2) without good cause; |
| 3. | A person who fails to appoint a firefighting safety controller, a general firefighting safety controller, or an assistant firefighting safety controller, in violation of Articles 24 (1) and (3), 29 (1), and 35 (1) and (2); |
| 4. | A firefighting safety controller who fails to request necessary measures, notwithstanding the finding of the fact that a firefighting system, evacuation facility, fire prevention facility, fire compartment, etc. have violated statutes or regulations, in violation of Article 27 (3); |
| 5. | A person who treats a firefighting safety controller unfavorably, in violation of Article 27 (4); |
| 6. | A person who uses confidential information he or she has acquired while conducting his or her duties for purposes other than those prescribed in this Act or provides or divulges such information to another person or institution, in violation of Article 41 (6) or 48 (3). |
| Article 51 (Joint Penalty Provisions) |
If the representative of a corporation, or an agent or employee of, or any other person employed by, the corporation or an individual commits any violations described in Article 50 in conducting the business affairs of the corporation or individual, the corporation or individual shall be punished by a fine prescribed in the relevant Article, in addition to punishing the violators accordingly: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business affairs to prevent such violation.
| Article 52 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding three million won: |
| 1. | A person who commits an act falling under any subparagraph of Article 17 (1) without good cause; |
| 2. | A person who concurrently serves as a firefighting safety controller, in violation of Article 24 (2); |
| 3. | A relevant person to a specific object of fire service or a firefighting safety controller of an object subject to firefighting safety control who fails to conduct firefighting safety control affairs under Article 24 (5); |
| 4. | A person who fails to direct and supervise firefighting safety control affairs, in violation of Article 27 (2); |
| 5. | A person who fails to conduct affairs as a firefighting safety controller of objects subject to firefighting safety control at construction sites under Article 29 (2); |
| 6. | A person who fails to provide evacuation guide information, in violation of Article 36 (3); |
| 7. | A person who fails to conduct fire drills and education, in violation of Article 37 (1); |
| 8. | A person who fails to submit the findings of a fire prevention and safety diagnosis, in violation of Article 41 (4). |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding two million won: |
| 1. | A person who violates matters to be observed when using fire under Article 17 (4) or the criteria for the storage and handling of the special combustible materials referred to in paragraph (5) of that Article; |
| 2. | A person who fails to comply with an order to install firefighting equipment, etc., referred to in Article 18 (4); |
| 3. | A person who fails to report the appointment within a prescribed period or fails to post the name, etc. of a firefighting safety controller, in violation of Article 26 (1); |
| 4. | A person who fails to file a report on appointment within a prescribed period, in violation of Article 29 (1); |
| 5. | A person who fails to submit the outcomes of fire drills and education within a prescribed period, in violation of Article 37 (2). |
| (3) | A firefighting safety controller or an assistant firefighting safety controller who fails to receive in-service training, in violation of Article 34 (1) 2, shall be subject to an administrative fine not exceeding one million won. |
| (4) | The Commissioner of the National Fire Agency, the Mayor/Do Governor or the head of a fire headquarter or of a fire station shall impose and collect administrative fines under paragraphs (1) through (3), as prescribed by Presidential Decree. |
ADDENDA <Act No. 18523, Nov. 30, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Appointment of Firefighting Safety Controllers of Object subject to Firefighting Safety Control at Construction Sites)
Article 29 (1) shall begin to apply where an object of firefighting service is newly constructed, extended, reconstructed, rebuilt, relocated, use of which is altered, or substantially repaired.
Article 3 (General Transitional Measure)
Article 4 (Transitional Measures concerning Formulation and Implementation of Master Plans regarding Firefighting Safety Policies and Master Plans for Special Firefighting Safety Control)
Article 5 (Transitional Measures concerning Special Fire Safety Inspection Committee)
Article 6 (Transitional Measures concerning Fire Precaution Districts)
Article 7 (Transitional Measures concerning Modification of Criteria for Qualification for Appointment as Firefighting Safety Controllers)
Article 8 (Transitional Measures concerning Prohibition on Concurrent Holding of Office of Firefighting Safety Controllers)
Notwithstanding Article 24 (2), a person who concurrently holds the position of safety controller and who is appointed as a firefighting safety controller by a relevant person to an object subject to firefighting safety control as at the time this Act enters into force (excluding cases where there are special provisions in other statutes or regulations) may concurrently serve as a firefighting safety controller of the object subject to firefighting safety control within six months after this Act enters into force. Article 9 (Transitional Measures concerning Issuance of Certificate of Qualification as Firefighting Safety Controller)
| (1) | A person issued a firefighting safety controller’s pocketbook pursuant to the previous provisions as at the time this Act enters into force shall be deemed issued a certificate of qualification as a firefighting safety controller under Article 30 (2). |
| (2) | A person appointed as a firefighting safety controller pursuant to the previous provisions as at the time this Act enters into force shall receive a certificate of qualification as a firefighting safety controller under Article 30 (2) within two years after this Act enters into force. |
Article 10 (Transitional Measures concerning Qualifying Examination for Firefighting Safety Controllers)
Article 11 (Transitional Measures concerning Change of Criteria for Appointment of Firefighting Safety Controllers of Specific Objects of Fire Service with Separate Entitlements to Control)
Article 12 (Transitional Measures concerning Administrative Dispositions)
Article 13 (Transitional Measures concerning Penalty Provisions)
Article 14 Omitted.
Article 15 (Relationship to Other Acts)
References to the previous Framework Act on Firefighting Services and Act on Fire Prevention and Installation, Maintenance and Safety Control of Firefighting Systems or any provisions thereof in statutes or regulations as at the time this Act enters into force shall, if this Act includes corresponding provisions, be deemed to references to this Act or the corresponding provisions thereof in lieu of the previous Framework Act on Firefighting Services and Act on Fire Prevention and Installation, Maintenance and Safety Control of Firefighting Systems or any such provisions thereof.
ADDENDA <Act No. 19225, Feb. 14, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 19251, Mar. 21, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDUM <Act No. 19335, Apr. 11, 2023>
This Act shall enter into force six months after the date of its promulgation.