ENFORCEMENT DECREE OF THE ELECTRICAL SAFETY MANAGEMENT ACT
Presidential Decree No. 31576, Mar. 30, 2021
Amended by Presidential Decree No. 32709, jun. 21, 2022
Presidential Decree No. 33004, Nov. 29, 2022
Presidential Decree No. 33401, Apr. 11, 2023
The purpose of this Decree is to prescribe matters mandated by the Electric Safety Management Act and those necessary for enforcing that Act.
Article 2 (Formulation and Modification of Master Plans for Electrical Safety Management) |
1. | Where the scale of business by sector determined by a master plan for electrical safety management prescribed in Article 5 (1) of the Act (hereinafter referred to as "master plan") is to be changed by up to 15/100; |
2. | Where the period of business by sector determined by a master plan is to be changed by up to one year; |
3. | Where any correction is made to a miscalculation, a misspelling, an omission, or an apparent error equivalent thereto; |
4. | Where any change is to be made to other matters, which are publicly notified by the Minister of Trade, Industry and Energy and do not affect the purpose and direction of a master plan. |
(2) | Pursuant to Article 5 (4) of the Act, the Minister of Trade, Industry and Energy may request that the head of the relevant central administrative agency, 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”), or the head of a public institution under Article 4 of the Act on the Management of Public Institutions (hereinafter referred to as “public institution”) provide data or cooperation with regard to the following: |
1. | Revising regulation related to the safety of electric installations; |
2. | Conducting electrical safety inspections of facilities where electric installations are established, jointly with relevant agencies; |
3. | Calculating and managing statistics and cases regarding accidents caused by electric installations; |
4. | Promoting electrical safety culture campaigns to raise awareness of safety related to electric installations; |
5. | Supporting publicity activities for preventing accidents caused by electric installations; |
6. | Other matters that the Minister of Trade, Industry and Energy deems necessary to efficiently execute a master plan. |
(3) | Where the Minister of Trade, Industry and Energy formulates or modifies a master plan, he or she shall notify the relevant matters to the head of the relevant central administrative agency, a Mayor/Do Governor, or the head of a public institution (limited to a public institution that performs affairs regarding electrical safety management) within one month from the date of such formulation or modification, and shall make a public announcement of the matters on the website of the Ministry of Trade, Industry, and Energy, pursuant to Article 5 (5) of the Act. |
Article 3 (Composition of Electrical Safety Advisory Body) |
(1) | The electrical safety advisory body established under Article 6 (1) of the Act (hereinafter referred to as “electrical safety advisory body”) shall be composed of up to 15 members, including one chairperson. |
(2) | The chairperson of the electrical safety advisory body (hereinafter referred to as "chairperson") shall be appointed by the Minister of Trade, Industry and Energy, from among public officials of Grade IV or higher in charge of electrical safety management in the Ministry of Trade, Industry and Energy. |
(3) | A member of the electrical safety advisory body (hereinafter referred to as "member") shall be appointed or commissioned by the chairperson from among the following persons: |
1. | A person recommended by the head of an electricity-related institution or organization, from among its executive officers and employees; |
2. | Other persons with extensive expertise or experience in the field of electrical safety management. |
(4) | Each member shall hold office for a term of two years. |
Article 4 (Functions and Operation of Electrical Safety Advisory Body) |
(1) | The electrical safety advisory body shall render advice on the following: |
1. | Matters regarding the formulation or modification of a master plan; |
2. | Matters regarding the improvement of the safety management system for electric installations; |
3. | Matters regarding mid- and long-term policies on electrical safety management; |
4. | Other matters that the Minister of Trade, Industry and Energy deems necessary for electrical safety management. |
(2) | Meetings of the electrical safety advisory body shall be convened by the chairperson. |
Article 5 (Authorization for Plans for Work) |
Article 6 Deleted. <Apr. 11, 2023> |
Article 7 (Electrical Safety Inspections of Facilities Used by Multitude) |
5. | A facility for hotel business under Article 3 (1) 2 (a) of the Tourism Promotion Act, a facility for international conference business under subparagraph 4 of that paragraph, and a facility for casino business under subparagraph 5 of that paragraph; |
8. | A facility for the following business: |
(a) | Study room business: The business of providing lodging or accommodations with facilities, etc. for studying in partitioned spaces; |
(b) | Phone dating room business or visual chatting room business: The business of providing facilities, etc. for chatting by telephone, television, monitor, camera, etc. in partitioned spaces; |
(c) | Sleeping room business: The business of providing beds (including cots), capsule-type rooms, or other ancillary facilities for resting; |
(d) | Daytime discotheque business: The business of providing guests with facilities, etc. for dancing, in which the sale of alcoholic beverage is prohibited; |
(a) | A private teaching institute that provide accommodations; |
(c) | A private teaching institute with a total seating capacity of at least 300 persons, where at least two private teaching institutes with a seating capacity of less than 300 persons are in one building; |
Article 8 (Installations Subject to Emergency Measures) |
(1) | Emergency measures under Article 15 (3) of the Act shall be taken for electric installations for general use (limited to residential use) owned or occupied by the following persons: |
6. | A person who establishes and operates the following facilities: |
2. | Measures taken for temporary restrictions on the use of electricity to the extent necessary to prevent electrical disasters caused by electric leakages, short circuits, etc.; |
3. | Construction for replacing or repairing a low voltage electric installation prescribed by Ordinance of the Ministry of Trade, Industry and Energy, to prevent any of the following cases: |
(a) | Where a considerable loss is likely to arise or an urgent situation exists due to the suspension of electricity supply or other reasons; |
(b) | Where an electric installation is likely to be destroyed or damaged. |
Article 9 (Compensation for Loss) |
(1) | The Minister of Trade, Industry and Energy shall determine compensation for any loss incurred by an order issued under Article 16 (3) or (4) of the Act in consultation with the person who has sustained such loss. |
Article 10 (Information to Be Disclosed) |
Pursuant to Article 21 (1) of the Act, the Minister of Trade, Industry and Energy or a Mayor/Do Governor may disclose the following information within the scope of information on affairs in each field related to electrical safety management as specified in attached Table 1: 1. | The trade name (where there is no trade name, referring to the name of the representative) and location of a facility where an electric installation is established; |
2. | The current status of electric installations (the voltages and capacities of passive equipment and power-generation facilities); |
3. | The date and results of an inspection of electric installations; |
4. | The name of an inspector of electric installations; |
5. | The date and results of an inspection conducted by an electrical safety supervisor; |
6. | The name, and type of appointment, of an electrical safety supervisor, the name of an enterprise, and the current status of education; |
7. | The name of a contractor (in the case of a corporation, referring to its name and the name of its representative). |
Article 11 (Registration of Persons Specializing in Electrical Safety Management Duties) |
(1) | "Requirements prescribed by Presidential Decree, such as capital, technical personnel, and equipment" in Article 22 (2) 1 and 2 of the Act means the requirements specified in attached Table 2. |
1. | Where the person fails to meet the requirements specified in paragraph (1); |
2. | Other cases where the person violates restrictions imposed under the Act, this Decree, or other statutes or regulations. |
(3) | "Requirements prescribed by Presidential Decree, such as capital and technical personnel" in Article 22 (3) 2 of the Act means the requirements specified in attached Table 3. |
(4) | Except where a person who files for registration to perform electrical safety management duties as an electrical safety management agent under Article 22 (3) 2 of the Act falls under either of the following cases, the Minister of Trade, Industry and Energy shall grant registration to him or her pursuant to Article 26 (1) 3 of the Act: |
1. | Where the person fails to meet the requirements specified in paragraph (3); |
2. | Other cases where the person violates restrictions imposed under the Act, this Decree, or other statutes or regulations. |
(5) | A person who intends to perform electrical safety management duties as an agent pursuant to Article 22 (3) 3 of the Act shall qualify as an industrial electrician in the field of electricity or hold any higher qualification under the National Technical Qualifications Act and shall have the equipment specified in attached Table 4. |
(6) | Except where a person prescribed in Article 22 (3) 3 of the Act who files for registration to perform safety management duties as an agent falls under either of the following cases, a Mayor/Do Governor shall grant registration to him or her pursuant to Article 26 (1) 4 of the Act: |
1. | Where the person fails to have the equipment specified in paragraph (5); |
2. | Other cases where the person violates restrictions imposed under the Act, this Decree, or other statutes or regulations. |
Article 12 (Subject Matters of and Timing for Fact-Finding Surveys) |
(1) | A fact-finding survey on electrical safety management duties under Article 29 (1) of the Act (hereinafter referred to as "fact-finding survey") shall be conducted with regard to electric installations for electric utility business or electric installations for private use once every year. |
(2) | A fact-finding survey shall be conducted in the form of a sample survey, and it may be conducted in the form of a document survey, field survey, etc. or by electronic means, such as information and communications networks or e-mails. |
(3) | For an efficient fact-finding survey, the Minister of Trade, Industry and Energy may conduct a fact-finding survey jointly with a specialized institution or organization related to electrical safety management or may request such institution or organization to conduct the survey. |
Article 13 (Financial Resources to Operate the Korea Electrical Safety Corporation) |
(1) | A central administrative agency and a local government, among disaster management agencies defined in subparagraph 5 of Article 3 of the Framework Act on the Management of Disasters and Safety, shall pay the expenses for disaster prevention inspections to the Korea Electrical Safety Corporation (hereinafter referred to as "KESCO"). <Amended on Apr. 11, 2023> |
(2) | A central administrative agency and a local government shall determine expenses for disaster prevention inspections prescribed in paragraph (1) after hearing the opinion of the KESCO, in consideration of the following matters, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: |
1. | An entity subject to disaster prevention inspections; |
2. | The details of disaster prevention inspections; |
3. | Personnel and equipment required for disaster prevention inspections; |
4. | A budget required for disaster prevention inspections. |
[Title Amended on Apr. 11, 2023]
Article 14 (Operation of Comprehensive Electrical Safety Information System) |
(1) | The Minister of Trade, Industry and Energy may perform the following affairs through the Comprehensive Electrical Safety Information System established under Article 38 (1) of the Act (hereinafter referred to as the "Comprehensive Electrical Safety Information System"): |
3. | Affairs regarding managing the current status of appointment and dismissal of electrical safety supervisors; preparation, retention, and submission of records on electrical safety management; and the current status of electrical safety education under Articles 22 through 25 of the Act; |
4. | Affairs regarding the registration of persons, etc. specializing in electrical safety management duties under Article 26 of the Act; |
7. | Affair regarding preparation of electrical disaster statistics under Article 41 of the Act (hereinafter referred to as "electrical disaster statistics"); |
8. | Other affairs that the Minister of Trade, Industry and Energy deems necessary to efficiently manage information on electrical safety management. |
(2) | A Mayor/Do Governor may perform affairs related to an inspection conducted under Article 29 (3) of the Act through the Comprehensive Electrical Safety Information System. |
Article 14-2 (Request for Data) |
Where inevitable to perform the affairs specified in Article 14 (1) of this Decree pursuant to Article 38 (2) of the Act, the Minister of Trade, Industry and Energy may request the name, resident registration number and address of the head of a household under the Resident Registration Act from the head of the relevant central administrative agency. [This Article Newly Inserted on Jun. 21, 2022]
Article 15 (Electrical Accidents Subject to Investigations) |
2. | The following accidents presumed to have been caused by electricity: |
(a) | A fire accident in which at least two persons are dead or at least three persons are injured; |
(b) | A fire accident in which damage to property amounts to 300 million won (such damage shall be based on the value estimated by the relevant police agency or fire service agency or station with regard to the relevant fire accident); |
(c) | Any other fire accident, the scale of which is similar to that of an accident prescribed in subparagraph 1 or item (a) or (b), which is designated by the Minister of Trade, Industry and Energy as it is deemed necessary to investigate the cause, details, etc. of the accident in order to prevent a recurrence of the relevant accident. |
Article 16 (Preparation and Management of Electrical Disaster Statistics) |
(1) | The Minister of Trade, Industry and Energy may prepare and manage electrical disaster statistics on a yearly basis. |
(2) | The items to be included in the electrical disaster statistics shall be as follows: |
1. | The current status of electrical fire accidents; |
2. | The current status of electric shocks; |
3. | Other matters that the Minister of Trade, Industry and Energy deems necessary to effectively establish and implement policies on electrical safety management. |
Article 17 (Delegation of Authority and Entrustment of Duties) |
(1) | The Minister of Trade, Industry and Energy shall delegate the following authority to a Mayor/Do Governor under Article 43 (1) of the Act: |
1. | Receiving reports on works for establishing or altering electric installations for private use under Article 8 (4) of the Act (excluding where the relevant authority is delegated to the Administrator of each Free Trade Zone Office pursuant to paragraph (2) 1); |
2. | Issuing orders to meet the technical standards under Article 20 of the Act for a power-generation installation with an installed capacity of less than 10,000 kilowatts. |
1. | Receiving reports on works for establishing or altering electric installations for private use under Article 8 (4) of the Act; |
2. | Issuing orders to meet the technical standards under Article 20 of the Act with regard to electric installations (excluding works prescribed by Ordinance of the Ministry of Trade, Industry and Energy under Article 8 (1) of the Act). |
(3) | The Minister of Trade, Industry and Energy or a Mayor/Do Governor shall entrust the following duties to the KESCO under Article 43 (2) of the Act: <Amended on Jun. 21, 2022> |
1. | Receiving reports on, or reports on modifications in, plans for works for establishing or altering electric installations for private use under Article 8 (2) of the Act; |
2. | Conducting pre-use inspections of electric installations for private use under Article 9 of the Act; |
6. | Establishing and operating the Comprehensive Electrical Safety Information System. |
(4) | Pursuant to Article 43 (3) of the Act, the Minister of Trade, Industry and Energy or a Mayor/Do Governor shall entrust the following duties to an organization designated and publicly notified by the Minister of Trade, Industry and Energy, among associations of electrical engineers under Article 18 (1) of the Electric Technology Management Act which meet the requirements prescribed by Ordinance of the Ministry of Trade, Industry and Energy: |
2. | Registration of modifications filed by a person specializing in electrical safety management duties, a person specializing in managing facilities, and an electrical safety management agent under Article 26 (2) of the Act (limited to where modified matters are related to technical personnel). |
[Title Amended on Jun. 21, 2022]
Article 18 (Processing of Personally Identifiable Information) |
Article 19 (Criteria for Imposition of Administrative Fines) |
ADDENDA <Presidential Decree No. 31576, Mar. 30, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 1, 2021: Provided, That subparagraph 2 (h) of attached Table 5 shall enter into force on April 1, 2022.
Article 2 Omitted.
Article 3 (Relationship to Other Statutes or Regulations)
A citation of provisions of previous Enforcement Decree of the Electric Utility Act by other statutes or regulations with regard to electrical safety management as at the time this Decree enters into force shall be deemed a citation of the corresponding provisions of this Decree in lieu of the previous provisions, if such corresponding provisions exist herein.
ADDENDUM <Presidential Decree No. 32709, Jun. 21, 2022>
This Decree shall enter into force on June 22, 2022. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 33004, Nov. 29, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 1, 2022. (Proviso Omitted.)
Articles 2 through 17 Omitted.
ADDENDUM <Presidential Decree No. 33401, Apr. 11, 2023>
This Decree shall enter into force on April 19, 2023.