ENFORCEMENT DECREE OF THE FRAMEWORK ACT ON THE MANAGEMENT OF DISASTERS AND SAFETY
Presidential Decree No. 18407, May 29, 2004
Amended by Presidential Decree No. 18580, Nov. 3, 2004
Presidential Decree No. 18873, jun. 23, 2005
Presidential Decree No. 19145, Nov. 30, 2005
Presidential Decree No. 19162, Dec. 1, 2005
Presidential Decree No. 19206, Dec. 28, 2005
Presidential Decree No. 19463, Apr. 28, 2006
Presidential Decree No. 19513, jun. 12, 2006
Presidential Decree No. 19563, jun. 29, 2006
Presidential Decree No. 19929, Mar. 16, 2007
Presidential Decree No. 20192, Jul. 26, 2007
Presidential Decree No. 20247, Sep. 6, 2007
Presidential Decree No. 20402, Nov. 30, 2007
Presidential Decree No. 20442, Dec. 13, 2007
Presidential Decree No. 20581, Jan. 31, 2008
Presidential Decree No. 20741, Feb. 29, 2008
Presidential Decree No. 20763, Apr. 3, 2008
Presidential Decree No. 20947, Jul. 29, 2008
Presidential Decree No. 21020, Sep. 18, 2008
Presidential Decree No. 21146, Dec. 3, 2008
Presidential Decree No. 21214, Dec. 31, 2008
Presidential Decree No. 21263, Jan. 14, 2009
Presidential Decree No. 21565, jun. 26, 2009
Presidential Decree No. 21744, Sep. 21, 2009
Presidential Decree No. 21882, Dec. 14, 2009
Presidential Decree No. 21887, Dec. 15, 2009
Presidential Decree No. 21904, Dec. 24, 2009
Presidential Decree No. 22075, Mar. 15, 2010
Presidential Decree No. 22269, Jul. 12, 2010
Presidential Decree No. 22318, Aug. 4, 2010
Presidential Decree No. 22511, Dec. 7, 2010
Presidential Decree No. 22564, Dec. 29, 2010
Presidential Decree No. 22647, Jan. 28, 2011
Presidential Decree No. 22962, jun. 7, 2011
Presidential Decree No. 22977, jun. 24, 2011
Presidential Decree No. 22982, jun. 27, 2011
Presidential Decree No. 23263, Oct. 26, 2011
Presidential Decree No. 23356, Dec. 8, 2011
Presidential Decree No. 23535, Jan. 25, 2012
Presidential Decree No. 23644, Feb. 29, 2012
Presidential Decree No. 23713, Apr. 10, 2012
Presidential Decree No. 24069, Aug. 23, 2012
Presidential Decree No. 24425, Mar. 23, 2013
Presidential Decree No. 24466, Mar. 23, 2013
Presidential Decree No. 24474, Mar. 23, 2013
Presidential Decree No. 24557, May 31, 2013
Presidential Decree No. 25139, Feb. 5, 2014
Presidential Decree No. 25375, jun. 11, 2014
Presidential Decree No. 25456, Jul. 14, 2014
Presidential Decree No. 25478, Jul. 16, 2014
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 25985, Jan. 6, 2015
Presidential Decree No. 26285, May 26, 2015
Presidential Decree No. 26373, jun. 30, 2015
Presidential Decree No. 26439, Jul. 24, 2015
Presidential Decree No. 26825, Dec. 30, 2015
Presidential Decree No. 26896, Jan. 12, 2016
Presidential Decree No. 26930, Jan. 22, 2016
Presidential Decree No. 27110, Apr. 26, 2016
Presidential Decree No. 27572, Nov. 1, 2016
Presidential Decree No. 27768, Jan. 6, 2017
Presidential Decree No. 28037, May 8, 2017
Presidential Decree No. 28074, May 29, 2017
Presidential Decree No. 28190, Jul. 17, 2017
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 28266, Sep. 5, 2017
Presidential Decree No. 28586, Jan. 16, 2018
Presidential Decree No. 28591, Jan. 18, 2018
Presidential Decree No. 28799, Apr. 17, 2018
Presidential Decree No. 28846, Apr. 30, 2018
Presidential Decree No. 28866, May 8, 2018
Presidential Decree No. 28995, jun. 26, 2018
Presidential Decree No. 29165, Sep. 18, 2018
Presidential Decree No. 29489, Jan. 15, 2019
Presidential Decree No. 29498, Jan. 22, 2019
Presidential Decree No. 29518, Feb. 8, 2019
Presidential Decree No. 29849, jun. 11, 2019
Presidential Decree No. 30050, Aug. 27, 2019
Presidential Decree No. 30325, Jan. 7, 2020
Presidential Decree No. 30595, Apr. 2, 2020
Presidential Decree No. 30704, May 26, 2020
Presidential Decree No. 30731, jun. 2, 2020
Presidential Decree No. 30876, Jul. 28, 2020
Presidential Decree No. 30989, Sep. 2, 2020
Presidential Decree No. 31012, Sep. 10, 2020
Presidential Decree No. 31013, Sep. 11, 2020
Presidential Decree No. 31211, Dec. 1, 2020
Presidential Decree No. 31225, Dec. 8, 2020
Presidential Decree No. 31380, Jan. 5, 2021
Presidential Decree No. 0, Mar. 30, 2021
Presidential Decree No. 31576, Mar. 30, 2021
Presidential Decree No. 31617, Apr. 13, 2021
Presidential Decree No. 31765, jun. 10, 2021
Presidential Decree No. 32026, Oct. 5, 2021
Presidential Decree No. 32563, Apr. 5, 2022
Presidential Decree No. 32697, jun. 14, 2022
Presidential Decree No. 32725, jun. 28, 2022
Presidential Decree No. 32877, Aug. 23, 2022
Presidential Decree No. 33023, Dec. 6, 2022
Presidential Decree No. 33198, Jan. 3, 2023
Presidential Decree No. 33578, jun. 27, 2023
CHAPTER I GENERAL PROVISIONS
[This Article Wholly Amended on Dec. 7, 2010]
| Article 2 (Scope of Disasters) |
| 1. | Harm to human life or property for which measures at the level of the State or local government are required; |
| 2. | Other harms equivalent to those referred to in subparagraph 1 and deemed necessary for disaster management by the Minister of the Interior and Safety. |
[This Article Wholly Amended on Dec. 7, 2010]
| Article 2-2 (Field and Scope of Safety Standards) |
The field and scope of safety standards defined in subparagraph 4-2 of Article 3 of the Act shall be as specified in attached Table 1. [This Article Newly Inserted on Feb. 5, 2014]
| Article 3 (Disaster Management Agencies Other Than Central Administrative Agencies and Local Governments) |
"Agencies prescribed by Presidential Decree" in subparagraph 5 (b) of Article 3 of the Act means agencies specified in attached Table 1-2. <Amended on Feb. 5, 2014> [This Article Wholly Amended on Dec. 7, 2010]
| Article 3-2 (Disaster Management Supervision Agencies) |
"Related central administrative agencies prescribed by Presidential Decree" in subparagraph 5-2 of Article 3 of the Act means disaster management supervision agencies by type of disaster and accident specified in attached Table 1-3. [This Article Newly Inserted on Feb. 5, 2014]
| Article 4 (Emergency Rescue and Relief Support Agencies) |
"Agencies or organizations prescribed by Presidential Decree" in subparagraph 8 of Article 3 of the Act means the following agencies or organizations: <Amended on Mar. 23, 2013; Feb. 5, 2014; Nov. 19, 2014; Jul. 26, 2017; Jun. 27, 2023> | 1. | The Ministry of Education, the Ministry of Science and ICT, the Ministry of National Defense, the Ministry of Trade, Industry and Energy, the Ministry of Health and Welfare, the Ministry of Environment, the Ministry of Land, Infrastructure and Transport, the Ministry of Oceans and Fisheries, the Korea Communications Commission, the Korean National Police Agency, the Korea Forest Service, the Korea Disease Control and Prevention Agency, and the Korea Meteorological Administration; |
| 2. | Military units designated by the Minister of National Defense as search and rescue units referred to in Article 57 (3) 2 of the Act, and other military units designated by the Minister of National Defense for emergency rescue and relief support; |
| 6. | Agencies and organizations that have concluded a contract for emergency rescue activities with emergency rescue and relief agencies referred to in subparagraph 7 of Article 3 of the Act; |
| 7. | Other agencies and organizations prescribed by Ordinance of the Ministry of the Interior and Safety, which are equipped with human resources and equipment necessary for emergency rescue. |
[This Article Wholly Amended on Dec. 7, 2010]
| Article 5 Deleted. <Feb. 5, 2014> |
CHAPTER II SAFETY MANAGEMENT ORGANIZATIONS AND FUNCTIONS THEREOF
SECTION 1 Central Safety Management Committee
| Article 6 (Members of Central Safety Management Committee) |
| (1) | "Heads of central administrative agencies or related institutions or organizations prescribed by Presidential Decree" in Article 9 (2) of the Act mean the following persons: <Amended on Aug. 23, 2012; Mar. 23, 2013; Feb. 5, 2014; Nov. 19, 2014; Jul. 26, 2017; Jun. 10, 2021> |
| 1. | The Minister of Economy and Finance, the Minister of Education, the Minister of Science and ICT, the Minister of Foreign Affairs, the Minister of Unification, the Minister of Justice, the Minister of National Defense, the Minister of the Interior and Safety, the Minister of Culture, Sports and Tourism, the Minister of Agriculture, Food and Rural Affairs, the Minister of Trade, Industry and Energy, the Minister of Health and Welfare, the Minister of Environment, the Minister of Employment and Labor, the Minister of Gender Equality and Family, the Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, and the Minister of SMEs and Startups; |
| 2. | The Director of the National Intelligence Service, the Chairperson of the Korea Communications Commission, the Minister of the Office for Government Policy Coordination, the Minister of Food and Drug Safety, the Chairperson of the Financial Services Commission, and the Chairperson of the Nuclear Safety and Security Commission; |
| 3. | The Commissioner General of the Korean National Police Agency, the Fire Commissioner of the National Fire Agency, the Administrator of the Cultural Heritage Administration, the Minister of the Korea Forest Service, the Commissioner of the Korea Disease Control and Prevention Agency, the Administrator of the Korea Meteorological Administration, and the Commissioner of the Korea Coast Guard; |
| 4. | Deleted; <Jun. 30, 2015> |
| 5. | The heads of other agencies and organizations designated by the Chairperson of the Central Safety Management Committee (hereinafter referred to as the "Central Committee"). |
| (2) | "Order of the heads of central administrative agencies prescribed by Presidential Decree" in Article 9 (5) of the Act means the order of the heads of central administrative agencies specified in paragraph (1) 1. <Newly Inserted on Feb. 5, 2014> |
[This Article Wholly Amended on Dec. 7, 2010]
| Article 7 (Scope of Projects for Preventing Disasters and Accidents) |
"Projects for preventing disasters and accidents prescribed by Presidential Decree" in Article 9 (1) 7 of the Act means the following: <Amended on Jul. 14, 2014; Jun. 30, 2015; Jan. 12, 2016; Jul. 28, 2020; Jun. 14, 2022> | 2. | Projects for improving and repairing irrigation facilities, projects for improving drainage of farmland, projects for maintaining reservoirs, and projects for maintaining embankments, among projects for building and expanding agricultural infrastructure under subparagraph 5 of Article 2 of the Agricultural and Fishing Villages Improvement Act; |
| 3. | Projects for managing dams under Article 9 of the Act on Construction and Management of Dams and Assistance to Their Environs; |
| 12. | Other projects determined by the Chairperson of the Central Committee. |
[This Article Wholly Amended on Feb. 5, 2014]
| Article 8 (Operation of Central Committee) |
| (1) | The meetings of the Central Committee shall be convened by the Chairperson, upon request by a member or when the Chairperson deems necessary. |
| (2) | A majority of the members of the Central Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of at least a majority of those present. |
| (3) | Where deemed necessary with respect to a meeting agenda item, the Chairperson may require any relevant public officials, civilian experts, etc. to attend at a meeting or request the heads of the relevant agencies to submit data. In such cases, the relevant public officials and the heads of the relevant agencies so requested shall comply therewith unless there is a compelling reason not to do so. <Amended on Feb. 5, 2014> |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for operating the Central Committee shall be determined by the Chairperson, after resolution by the Central Committee. <Newly Inserted on Feb. 5, 2014> |
[This Article Wholly Amended on Aug. 23, 2012]
| Article 9 (Organization and Operation of Safety Policy Coordination Committee) |
| (1) | The following persons shall become members of a Safety Policy Coordination Committee to be established under the Central Committee pursuant to Article 10 (1) of the Act (hereinafter referred to as the "Coordination Committee"): <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| 1. | The Vice Ministers of the Ministry of Economy and Finance, the Ministry of Education, the Ministry of Science and ICT, the Ministry of Foreign Affairs, the Ministry of Unification, the Ministry of Justice, the Ministry of National Defense, the Director General of the National Disaster and Safety Status Control Center under the Ministry of the Interior and Safety, and the Vice Ministers of the Ministry of Culture, Sports and Tourism, the Ministry of Agriculture, Food and Rural Affairs, the Ministry of Trade, Industry and Energy, the Ministry of Health and Welfare, the Ministry of Environment, the Ministry of Employment and Labor, the Ministry of Gender Equality and Family, the Ministry of Land, Infrastructure and Transport, the Ministry of Oceans and Fisheries, and the Ministry of SMEs and Startups. In such cases, where an agency has at least two vice ministers, the vice minister responsible for affairs related to disaster and safety management shall be a member; |
| 2. | The Second Deputy Director of the National Intelligence Service, the Standing Commissioner of the Korea Communications Commission, the Second Vice Minister of Government Policy Coordination, and the Vice Chairman of the Financial Services Commission; |
| 3. | Other persons appointed or commissioned by the Chairperson of the Coordination Committee, from among persons with extensive knowledge on and experience in disaster and safety management. |
| (2) | The meetings of the Coordination Committee shall be convened by the Chairperson of the Coordination Committee, upon request by a member or when the Chairperson of the Coordination Committee deems necessary. |
| (3) | Meetings of the Mediation Committee shall be held with a majority of all incumbent members present and resolutions shall be passed with the affirmative vote of a majority of those present. |
| (4) | Where deemed necessary with respect to a meeting agenda item, the Chairperson of the Coordination Committee may require the relevant public officials, civilian experts, etc. to attend a meeting or request the heads of the relevant agencies to submit data. In such cases, the relevant public officials and the heads of the relevant agencies so requested shall comply therewith unless there is a compelling reason not to do so. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for organizing and operating the Coordination Committee and other matters shall be determined by the Chairperson of the Coordination Committee. |
[This Article Wholly Amended on Feb. 5, 2014]
| Article 9-2 (Reporting on Results on Deliberation of Coordination Committee to Central Committee) |
"Important matters prescribed by Presidential Decree" in Article 10 (5) of the Act means any of the following matters: <Amended on Jun. 2, 2020> | 3. | Other matters deemed necessary by the Chairperson of the Coordination Committee, among those deliberated upon entrustment by the Central Committee. |
[This Article Newly Inserted on Feb. 5, 2014]
| Article 10 (Organization and Operation of Working Committees) |
| (1) | A working committee specified in Article 10 (4) of the Act (hereinafter referred to as "working committee") shall be comprised of at least 50 members, including one chairperson. |
| (2) | The working committee shall deliberate on the following: |
| 1. | Matters requiring consultation and coordination relating to measures formulated by the heads of the relevant central administrative agencies to manage disasters and safety; |
| 2. | Matters requiring consultation and coordination relating to the management of disasters performed by the heads of the relevant central administrative agencies upon occurrence of a disaster; |
| 3. | Other matters referred to meetings by the chairperson of the working committee (hereinafter referred to as "chairperson of the working committee"). |
| (3) | The Director General of the National Disaster and Safety Status Control Center under the Ministry of the Interior and Safety shall be the chairperson of the working committee. <Amended on Jul. 26, 2017> |
| (4) | Members of the working committee shall be appointed or commissioned by the Minister of the Interior and Safety, from among the following persons, taking their genders into consideration: <Amended on Jul. 26, 2017> |
| 1. | Public officials recommended by the heads of the relevant central administrative agencies, from among members of the Senior Executive Service or public officials of at least Grade III who belong to the relevant central administrative agencies; |
| 2. | Persons with extensive knowledge on and experience in managing disasters and safety; |
| 3. | Other persons with extensive expertise and experience in the fields deemed necessary by the chairperson of the working committee. |
| (5) | Meetings of the working committee (hereinafter referred to as "working-level meetings") shall be convened by the chairperson of the working committee, upon request by at least five members or when the Chairperson of the working committee deems necessary. |
| (6) | A working-level meeting shall be comprised of the chairperson of the working committee and 25 members or so designated by him or her for each meeting. |
| (7) | A majority of the members set forth in paragraph (6) shall constitute a quorum, and any decision thereof shall require the concurring vote of at least a majority of those present. |
| (8) | Except as provided in paragraphs (1) through (7), matters necessary for organizing and operating the working committee shall be determined by the Minister of the Interior and Safety. <Amended on Jul. 26, 2017> |
[This Article Wholly Amended on Jun. 30, 2015]
| Article 10-2 (Evaluation on Disaster and Safety Management Projects) |
| (1) | In order to evaluate the effectiveness and efficiency of disaster and safety management projects pursuant to Article 10-3 (1) of the Act (hereinafter referred to as “project evaluation”), the heads of relevant central administrative agencies shall determine the performance goals and indicators (hereinafter referred to as "performance goals, etc.") for the following year and submit them to the Minister of the Interior and Safety by no later than September 30 each year. <Amended on Jan. 18, 2018> |
| (2) | After getting advice on performance goals, etc. submitted under paragraph (1) from an evaluation counsel committee comprised of the relevant experts, etc. and gathering consensus thereon from the heads of the relevant central administrative agencies, the Minister of the Interior and Safety shall finalize the performance goals, etc. by no later than January 31 each year. <Amended on Jul. 26, 2017; Jan. 18, 2018> |
| (3) | The Minister of the Interior and Safety shall formulate an implementation plan for project evaluation (hereinafter referred to as "implementation plan for project evaluation") of the previous year and notify them to the heads of the relevant central administrative agencies by not later than January 31 each year. <Newly Inserted on Jan. 18, 2018> |
| (4) | The Minister of the Interior and Safety shall evaluate the disaster and safety management projects of the previous year in accordance with the implementation plan for project evaluation, and notify the findings thereof to the heads of central administrative agencies by no later than April 30, each year. <Amended on Jul. 26, 2017> |
| (5) | Except as provided for in paragraphs (1) through (4), matters necessary for project evaluation, such as the organization and operation of an evaluation counsel committee referred to in paragraph (2), shall be determined and publicly notified by the Minister of the Interior and Safety. <Amended on Jul. 26, 2017; Jan. 18, 2018> |
[This Article Newly Inserted on Jun. 30, 2015]
[Previous Article 10-2 moved to Article 10-3 <Jun. 30, 2015>]
| Article 10-3 (Organization and Operation of Central Disaster Broadcasting Consultative Committee) |
| (1) | The Central Disaster Broadcasting Consultative Committee to be established under the Central Committee pursuant to Article 12 (1) of the Act shall be comprised of not exceeding 25 members, including one Chairperson and one Vice Chairperson. <Amended on Feb. 5, 2014; Jan. 6, 2017> |
| (2) | The Central Disaster Broadcasting Consultative Committee shall deliberate on the following: <Amended on Aug. 23, 2012; Mar. 23, 2013; Feb. 5, 2014; Jul. 26, 2017> |
| 1. | Methods to efficiently disseminate disaster broadcasting content for forecast, alert, and notification of a disaster, emergency measures for disasters, and disaster management; |
| 2. | Matters relating to allocating roles and building cooperation systems among central administrative agencies, the Special Metropolitan City, Metropolitan Cities, Special Self-Governing City, Dos, Special Self-Governing Province (hereinafter referred to as "City/Do"), and broadcasting business entities defined in subparagraph 3 of Article 2 of the Broadcasting Act in connection with disaster broadcasting; |
| 3. | Matters relating to a decision on disaster-related information to be disclosed to the press defined in subparagraph 1 of Article 2 of the Act on Press Arbitration and Remedies for Damage Caused by Press Reports; |
| 4. | Improvements of disaster broadcasting-related statutes and regulations and institutions; |
| 5. | Other necessary matters for performing disaster broadcasting efficiently, either requested by the Chairperson of the Korea Communications Commission and the Minister of Science and ICT or deemed necessary by the Chairperson of the Central Disaster Broadcasting Consultative Committee. |
| (3) | The Chairperson of the Central Disaster Broadcasting Consultative Committee shall be appointed by the Minister of Science and ICT, from among members specified in paragraph (4), and the Vice Chairperson shall be elected, from among members of the Central Disaster Broadcasting Consultative Committee. <Amended on Mar. 23, 2013; Feb. 5, 2014; Jul. 26, 2017> |
| (4) | The following persons shall become members of the Central Disaster Broadcasting Consultative Committee: <Amended on Feb. 29, 2012; Mar. 23, 2013; Feb. 5, 2014; Nov. 19, 2014; Jan. 6, 2017; Jul. 26, 2017> |
| 1. | Each person appointed by the head of the relevant agency, from among members in general service of the Senior Executive Service or public officials equivalent thereto of the Ministry of Science and ICT, the Ministry of the Interior and Safety, the Office for Government Policy Coordination, the Korea Communications Commission, and the Korea Meteorological Administration; |
| 2. | Persons appointed by the Minister of Science and ICT, from among members in general service of the Senior Executive Service or public officials equivalent thereto of the related central administrative agencies (excluding agencies to which members falling under subparagraph 1 belong) upon recommendation by the heads of the relevant central administrative agencies depending on the type of disaster. In such cases, the Minister of Science and ICT shall pre-consult with the Chairperson of the Korea Communications Commission about the persons to be appointed; |
| 3. | Persons commissioned by the Minister of Science and ICT, following consultation with the Chairperson of the Korea Communications Commission, from among the following: |
| (b) | Persons belonging to a program provider who engages in general programming or programming specializing in news reports who are in a position exercising overall control over disaster broadcasting, from among TV program providers defined in subparagraph 6 of Article 1-2 of the Enforcement Decree of the Broadcasting Act; |
| (c) | Persons who teach a discipline related to disasters or broadcasting in a university and college, industrial college, junior college, or technical college under the Higher Education Act and are in a position as at least assistant professor; |
| (d) | Persons who have engaged in a research institution or organization or the field of industry related to disasters or broadcasting for at least five years. |
| (5) | Deleted. <Feb. 5, 2014> |
| (6) | The Chairperson shall represent the Central Disaster Broadcasting Consultative Committee, and exercise overall control over the affairs of the Central Disaster Broadcasting Consultative Committee. <Amended on Feb. 5, 2014> |
| (7) | If the Chairperson of the Central Disaster Broadcasting Consultative Committee is unable to perform any of his or her duties due to any unavoidable cause, the Vice Chairperson shall act on his or her behalf. <Amended on Feb. 5, 2014> |
| (8) | Meetings of the Central Disaster Broadcasting Consultative Committee shall be convened by the Chairperson when he or she deems necessary or upon request by a member, and the Chairperson shall preside over such meetings. <Amended on Feb. 5, 2014> |
| (9) | A majority of the members of the Central Disaster Broadcasting Consultative Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of at least a majority of those present. <Amended on Feb. 5, 2014> |
| (10) | Where deemed necessary with respect to a meeting agenda item, the Chairperson may require the relevant public officials, civilian experts, etc. to attend at a meeting or request the heads of the relevant agencies to submit data. In such cases, the relevant public officials and the heads of the relevant agencies so requested shall comply therewith unless there is a compelling reason not to do so. <Newly Inserted on Feb. 5, 2014> |
| (11) | For its efficient operation, the Central Disaster Broadcasting Consultative Committee shall have one executive secretary, who shall be appointed by the Minister of Science and ICT, from among public officials in charge of disaster broadcasting affairs in the Ministry of Science and ICT. <Amended on Mar. 23, 2013; Feb. 5, 2014; Jul. 26, 2017> |
| (12) | The Minister of Science and ICT may render administrative and financial support necessary for operating the Central Disaster Broadcasting Consultative Committee. <Amended on Mar. 23, 2013; Feb. 5, 2014; Jul. 26, 2017> |
| (13) | Except as provided in paragraphs (1) through (12), matters necessary for operating the Central Disaster Broadcasting Consultative Committee shall be determined by the Chairperson, after resolution by the Central Disaster Broadcasting Consultative Committee. <Amended on Feb. 5, 2014> |
[This Article Newly Inserted on Dec. 7, 2010]
[Title Amended on Feb. 5, 2014]
[Moved from Article 10-2 <Jun. 30, 2015>]
| Article 11 Deleted. <Feb. 5, 2014> |
| Article 12 (Allowances and Term of Office of Central Committee) |
| (1) | Members who attend a meeting of the Central Committee, the Coordination Committee, the working committee, or the Central Disaster Broadcasting Consultative Committee may be paid allowances and reimbursed for travel expenses and other actual expenses, within the budget: Provided, That the same shall not apply where a member who is a public official attends a meeting in direct connection with any of his or her duties. <Amended on Feb. 5, 2014; Jun. 30, 2015> |
| (2) | Among the members of the Central Committee, the Coordination Committee, and the Central Disaster Broadcasting Consultative Committee, the term of office of members who are public officials shall coincide with the tenure of relevant office, and the term of office of other members shall be two years: Provided, That the term of office of members filling vacancies shall be the remaining term of their predecessors. <Amended on Feb. 5, 2014> |
[This Article Wholly Amended on Dec. 7, 2010]
| Article 12-2 Deleted. <Feb. 5, 2014> |
| Article 12-3 (Organization and Operation of Central Public-Private Cooperative Committee) |
| (1) | The Central Private-Public Cooperative Safety Management Committee specified in Article 12-2 (1) of the Act (hereinafter referred to as the "Central Public-Private Cooperative Committee") shall be comprised of not more than 35 members, including two co-chairpersons. |
| (2) | The Director General of the National Disaster and Safety Status Control Center under the Ministry of the Interior and Safety and a civilian member designated by the Minister of the Interior and Safety, after resolution by the Central Public-Private Cooperative Committee, from among the civilian members commissioned pursuant to paragraph (4), shall become the co-chairpersons of the Central Public-Private Cooperative Committee. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (3) | The co-chairpersons of the Central Public-Private Cooperative Committee shall represent the Central Public-Private Cooperative Committee and exercise overall control over its operation and affairs. |
| (4) | The following persons shall become members of the Central Public-Private Cooperative Committee: <Amended on Nov. 19, 2014; Jun. 30, 2015; Jul. 26, 2017; Sep. 18, 2018> |
| (a) | The head of the Public Safety Policy Office under the Ministry of the Interior and Safety; |
| (b) | The head of the Disaster Management Office under the Ministry of the Interior and Safety; |
| (c) | The head of the Disaster Management Cooperation Office under the Ministry of the Interior and Safety; |
| 2. | Civilian members: Persons commissioned by the Minister of the Interior and Safety in consideration of their gender, from among the following: |
| (a) | Representatives of private organizations, such as associations which actively participate in disaster and safety management activities and have nation-wide members; |
| (b) | Experts in disaster and safety management who belong to agencies, organizations, associations, enterprises, etc. related to the field of disaster and safety management; |
| (c) | Persons with extensive knowledge of and experience in disaster and safety management. |
| (5) | The term of office of a civilian member shall be two years; and the term of a newly commissioned member due to the resignation, etc. of another member shall be the remaining term of his or her predecessor. |
| (6) | Except as provided in paragraphs (1) through (5), detailed matters necessary for organizing and operating the Central Public-Private Cooperative Committee shall be determined by the Minister of the Interior and Safety, following resolutions by the Central Public-Private Cooperative Committee. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Feb. 5, 2014]
| Article 12-4 (Meetings of Central Public-Private Cooperative Committee) |
| (1) | A majority of the members of the Central Public-Private Cooperative Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present. <Amended on Jun. 30, 2015> |
| (2) | Members, etc. who attend the Central Public-Private Cooperative Committee meetings, etc. may be paid allowances, etc., within the budget: Provided, That this shall not apply where a public official attends the meetings in connection with any of his or her competent duties. <Amended on Jun. 30, 2015> |
[This Article Wholly Amended on Feb. 5, 2014]
[Title Amended on Jun. 30, 2015]
| Article 12-5 (Organization and Duties of Rapid Disaster Response Groups) |
| (1) | A rapid disaster response group specified in Article 12-3 (3) of the Act (hereinafter referred to as "rapid disaster response group") shall be comprised of human resources dispatched from the related institutions, organization, associations, or enterprises participating in the Central Public-Private Cooperative Committee. |
| (2) | A rapid disaster response group shall perform the following duties: |
| 1. | Participation in activities for lifesaving and damage restoration upon occurrence of disasters; |
| 2. | Participation in activities for preventing disasters at ordinary times; |
| 3. | Other activities necessary to rapidly respond to disasters. |
| (3) | In performing its duties, a rapid disaster response group shall follow the command and control of the head of the consolidated support headquarters referred to in Article 16 (3) of the Act or the head of any emergency rescue control group who takes on-scene command under Article 52 (5) of the Act (hereinafter referred to as "head of any control group at each level"). |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for organizing and operating a rapid disaster response group shall be determined and publicly notified by the Minister of the Interior and Safety. <Amended on Jul. 26, 2017> |
[This Article Newly Inserted on Jun. 30, 2015]
SECTION 2 Central Disaster and Safety Countermeasures Headquarters
| Article 13 (Scope of Large-Scale Disasters) |
"Large-scale disasters prescribed by Presidential Decree" in Article 14 (1) of the Act means the following disasters: <Amended on Aug. 23, 2012; Feb. 5, 2014> | 1. | Disasters recognized by the head of Central Disaster and Safety Countermeasure Headquarters referred to in Article 14 (2) of the Act (hereinafter referred to as "head of the Central Countermeasure Headquarters"), after receiving recommendation from the head of the competent ministry or the head of a local disaster and safety countermeasure headquarters (hereinafter referred to as "local countermeasure headquarters") referred to in Article 16 (2) of the Act (hereinafter referred to as "head of local countermeasure headquarters"), since the level of harm on human lives or property is remarkably great or the impact of disasters is far-reaching on a social or economic aspect; |
| 2. | Disasters equivalent to those referred to in subparagraph 1 and deemed by the head of the Central Countermeasure Headquarters that it is necessary to establish the Central Disaster and Safety Countermeasure Headquarters referred to in Article 14 (1) of the Act (hereinafter referred to as "Central Countermeasure Headquarters"). |
[This Article Wholly Amended on Dec. 7, 2010]
| Article 14 Deleted. <Feb. 5, 2014> |
| Article 15 (Organization of Central Countermeasure Headquarters) |
| (1) | The Central Countermeasure Headquarters (excluding the Central Radioactive Disaster Prevention and Response Headquarters established under Article 25 of the Act on Physical Protection and Radiological Emergency, which serves as the Central Countermeasure Headquarters in cases of radioactive disasters pursuant to the proviso of Article 14 (3) of the Act) shall have the vice head, overall coordinator, spokesperson, control officer, vice spokesperson, and officer in charge, and may also have a special response team leader or a special assistant (hereinafter referred to as "special response team leader, etc.") to assist the head of the Central Countermeasure Headquarters (where the Prime Minister serves as the head of the Central Countermeasure Headquarters, referring to the vice head thereof) in cases where it is necessary to utilize professional knowledge in such fields as research and development, investigation, and public relations. <Amended on Jun. 30, 2015; Aug. 23, 2022> |
| (2) | The special response team leader, etc. referred to in paragraph (1) may have a minimum subordinate organization necessary for the performance of his or her duties. <Newly Inserted on Aug. 23, 2022> |
| (3) | Where the Minister of the Interior and Safety serves as the head of the Central Countermeasure Headquarters under the main clause of Article 14 (3) of the Act, the following persons shall serve as the vice head, special response team leader, etc., overall coordinator, spokesperson, control officer, vice spokesperson, and officer in charge: <Amended on Dec. 8, 2020; Aug. 23, 2022> |
| 1. | Vice head, overall coordinator, spokesperson, control officer, and officer in charge: A person designated by the Minister of the Interior and Safety from among public officials of the Ministry of the Interior and Safety; |
| 2. | Special response team leader, etc.: A person commissioned by the Minister of the Interior and Safety from among civilian experts related to the relevant disaster; |
| 3. | Vice spokesperson: A person designated by the Minister of the Interior and Safety upon recommendation by the head of the agency to which he or she belongs. |
| (4) | Notwithstanding paragraph (3), in cases of overseas disasters, a person designated by the Minister of Foreign Affairs, from among the public officials under his or her control, shall serve as the vice head, overall coordinator, spokesperson, control officer, vice spokesperson, and officer in charge, and a person commissioned by the Minister of Foreign Affairs, from among civilian experts related to the relevant disaster, shall serve as the special response team leader, etc. <Amended on Jun. 30, 2015; Aug. 23, 2022> |
| (5) | Where the Prime Minister exercises the authority of the head of the Central Countermeasure Headquarters under Article 14 (4) of the Act, the following persons shall serve as the special response team leader, etc., overall coordinator, spokesperson, control officer, vice spokesperson, and officer in charge: <Amended on Dec. 8, 2020; Aug. 23, 2022> |
| 1. | Special response team leader, etc.: A person commissioned by the Prime Minister, upon recommendation by the vice head, from among civilian experts related to the relevant disaster; |
| 2. | Overall coordinator, control officer, and officer in charge: A person designated by the vice head, from among public officials of central administrative agencies under his or her jurisdiction; |
| 3. | Spokesperson: A person designated by the Prime Minister, upon recommendation by the vice head, from among public officials of central administrative agencies under his or her jurisdiction; |
| 4. | Vice spokesperson: A person designated by the Prime Minister, upon recommendation by the head of a disaster management supervision agency, from among public officials belonging to the agency. |
| (6) | Notwithstanding paragraph (5), where the head of a central administrative agency designated by the Prime Minister as deemed necessary under Article 14 (5) of the Act becomes a co-vice head, the following persons shall serve as the special response team leader, etc., overall coordinator, spokesperson, control officer, vice spokesperson, and officer in charge: <Amended on Dec. 8, 2020; Aug. 23, 2022> |
| 1. | Special response team leader, etc.: Persons commissioned by the Prime Minister, upon recommendation by each of the co-vice heads, from among civilian experts related to the relevant disaster; |
| 2. | Overall coordinator, control officer, and officer in charge: Persons designated by the vice head from among public officials belonging to respective central administrative agencies; |
| 3. | Spokesperson and vice spokesperson: Persons designated by the Prime Minister upon recommendation by the co-vice head from among public officials belonging to respective central administrative agencies. |
| (7) | A working group under the former part of Article 14 (6) of the Act shall be comprised of the following persons: <Amended on Dec. 8, 2020; Aug. 23, 2022> |
| 2. | Public officials of a relevant central administrative agency, where the Prime Minister has jointly appointed the head of the central administrative agency as a co-vice head pursuant to Article 14 (5) of the Act; |
| (8) | Except as provided in paragraphs (1) through (7), matters necessary for the organization, operation, etc. of the Central Countermeasure Headquarters shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Nov. 19, 2014; Jun. 30, 2015; Jul. 26, 2017; Aug. 23, 2022> |
[This Article Wholly Amended on Feb. 5, 2014]
| Article 16 (Organization of Meetings of Central Disaster and Safety Countermeasure Headquarters) |
| (1) | The Central Disaster and Safety Countermeasure Headquarters referred to in the main clause of Article 14 (3) of the Act (hereinafter referred to as "Central Countermeasure Headquarters") shall be composed of persons appointed or commissioned by the head of the Central Countermeasure Headquarters, from among the following persons: <Amended on Aug. 23, 2022; Jun. 27, 2023> |
| 1. | A person recommended by the head of the agency to which he or she belongs, from among members in general service of the Senior Executive Service of the following agencies (referring to general officers equivalent thereto in the case of the Ministry of National Defense, senior superintendent generals or higher-ranked police officials in the case of the Korean National Police Agency and the Korea Coast Guard, and assistant fire commissioners or higher-ranked fire officials in the case of the National Fire Agency): |
| (a) | The Ministry of Economy and Finance, the Ministry of Education, the Ministry of Science and ICT, the Ministry of Foreign Affairs, the Ministry of Unification, the Ministry of Justice, the Ministry of National Defense, the Ministry of the Interior and Safety, the Ministry of Culture, Sports and Tourism, the Ministry of Agriculture, Food and Rural Affairs, the Ministry of Trade, Industry and Energy, the Ministry of Health and Welfare, the Ministry of Environment, the Ministry of Employment and Labor, the Ministry of Gender Equality and Family, the Ministry of Land, Infrastructure and Transport, the Ministry of Oceans and Fisheries, and the Ministry of SMEs and Startups; |
| (b) | The Public Procurement Service, the Korean National Police Agency, the National Fire Agency, the Cultural Heritage Administration, the Korea Forest Service, the Korea Disease Control and Prevention Agency, the Korea Meteorological Administration, and the Korea Coast Guard; |
| (c) | Other administrative agencies deemed necessary by the head of the Central Countermeasure Headquarters; |
| 2. | Civilian experts in the fields of response to, and recovery from, disasters. |
| (2) | Where the Prime Minister exercises the authority of the head of the Central Countermeasure Headquarters under Article 14 (4) of the Act, the Central Countermeasure Headquarters shall be composed of persons appointed or commissioned by the Prime Minister, from among the following persons: <Newly Inserted on Jun. 30, 2015; Aug. 23, 2022> |
| 1. | The head of an institution referred to in each item of paragraph (1) 1; |
| 2. | Civil experts in response to, and recovery from, disasters. |
[This Article Wholly Amended on Dec. 7, 2010]
| Article 17 (Matters for Deliberation and Consultation at Meetings of Central Countermeasure Headquarters) |
A meeting of the Central Countermeasure Headquarters shall consult on the following matters, in addition to the deliberation and decision on the matters relating to the disaster restoration plans: <Amended on Feb. 5, 2014>
| 1. | Matters relating to disaster prevention countermeasures; |
| 2. | Matters relating to disaster emergency countermeasures; |
| 3. | Matters relating to subsidies from the National Treasury and the use of reserves; |
| 4. | Other matters referred to a meeting by the head of the Central Countermeasure Headquarters. |
[This Article Wholly Amended on Dec. 7, 2010]
| Article 18 (Organization and Duties of Management Support Groups) |
| (1) | A management support group referred to in Article 14-2 (1) of the Act (hereinafter referred to as "management support group") shall be comprised of experts belonging to the related disaster management agencies and civilian experts depending upon the types of disasters: Provided, That in cases of an overseas disaster, the organization of a separate management support group may be omitted and instead substituted by international rescue squads prescribed in Article 9 of the Act on 119 Rescue and Emergency Medical Services. <Amended on Jun. 30, 2015> |
| (2) | The head of a management support group shall be designated by the head of the Central Countermeasure Headquarters, from among members of the management support group, and the head shall assume the command of and lead the members of the management support group, and shall exercise overall control over the operation thereof. <Amended on Jun. 30, 2015> |
| (3) | A management support group shall perform the following duties: <Amended on Jun. 30, 2015> |
| 1. | Providing technical advice, recommendation, or counseling necessary for managing situation to persons responsible for a place where a disaster has occurred, including the head of the local countermeasure headquarters; |
| 2. | Reporting to the head of the Central Countermeasure Headquarters on the situation of disaster scene, causes for occurrence of the disaster, administrative and financial measures to be taken, the progress thereof, etc. for managing a disaster. |
| (4) | For the swift grasp of a disaster situation, direction at and management of the scene of disaster, etc., the head of the Central Countermeasure Headquarters may dispatch personnel belonging to the Central Countermeasure Headquarters to the scene of the disaster before dispatching a management support group thereto. <Amended on Jun. 30, 2015> |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for organizing and operating the management support groups shall be determined by the head of the Central Countermeasure Headquarters. <Amended on Jun. 30, 2015> |
[This Article Wholly Amended on Feb. 5, 2014]
[Title Amended on Jun. 30, 2015]
| Article 18-2 (Composition and Dispatch of Special Rescue Task Forces) |
| (1) | The head of the Central Countermeasure Headquarters shall select members of special rescue task forces under Article 14-2 (2) of the Act (hereinafter referred to as "special rescue task forces"), from among public officials belonging to the Central 119 Rescue Headquarters of the National Fire Agency and the Korea Coast Guard Special Rescue Unit, and nominate the head of the special rescue task forces, from among the members of the special rescue task forces. In such cases, the head of the Central Countermeasure Headquarters may supplement professional human resources necessary by type of disaster. <Amended on Jul. 26, 2017> |
| (2) | The head of the Central Countermeasure Headquarters may dispatch special rescue task forces at a disaster scene under Article 14-2 (2) of the Act, in any of the following cases: <Amended on Jan. 12, 2016; Oct. 5, 2021> |
| 1. | Where the head of any control group at each level or the head of the central rescue center, the head of a wide-area rescue center, or the head of a local rescue center specified in Article 6 (1) of the Act on the Search and Rescue in Waters, requests the head of the Central Countermeasure Headquarters to dispatch special rescue task forces; |
| 2. | Where the head of the Central Countermeasure Headquarters deems necessary for rapidly supporting activities, such as rescue, first aid, and search. |
| (3) | Where the Minister of Foreign Affairs or the Chairperson of the Nuclear Safety and Security Commission exercises the authority of the head of the Central Countermeasure Headquarters under the proviso of Article 14 (3) of the Act, he or she shall consult with the Minister of the Interior and Safety to dispatch special rescue task forces under paragraph (2). <Amended on Jul. 26, 2017> |
| (4) | Special rescue task forces shall follow the command and control of the head of any control group at each level, with regard to activities, such as rescue, first aid, and search, at a disaster scene: Provided, That in cases of a disaster occurring in the sea, they shall follow the command and control of the head of the central rescue center, the head of a wide-area rescue center, and the head of a local rescue center under Article 7 of the Act on the Search and Rescue in Waters. <Amended on Jan. 12, 2016> |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for composing and dispatching special rescue task forces shall be determined by the head of the Central Countermeasure Headquarters. |
[This Article Newly Inserted on Jun. 30, 2015]
| Article 19 Deleted. <Feb. 5, 2014> |
| Article 20 (Request for Disaster Relief Plans to Related Disaster Management Agencies) |
| (1) | The head of the Central Countermeasure Headquarters may request the head of a related disaster management agency to provide disaster relief plans containing the following details in order to take administrative measures for efficiently managing disasters under Article 15 (1) of the Act: <Amended on Feb. 5, 2014> |
| 1. | Place, date, scale, and cause of the occurrence of a disaster; |
| 2. | Matters relating to dispositions to cope with disasters; |
| 3. | Expected progress of disasters; |
| 4. | Plans for dispositions by phase of disaster progress; |
| 5. | Other matters determined by the head of the Central Countermeasure Headquarters. |
| (2) | Where the head of the Central Countermeasure Headquarters receives a disaster relief plan under paragraph (1), he or she may examine the said plan, and then present necessary dispositions or opinions to the head of a related disaster management agency. <Amended on Feb. 5, 2014> |
[This Article Wholly Amended on Dec. 7, 2010]
| Article 21 (Organization and Operation of Central Disaster Management Headquarters) |
| (1) | In order to efficiently operate the central disaster management headquarters under Article 15-2 (1) of the Act, the head of the disaster management supervision agency shall predetermine necessary matters for organizing and operating the central disaster management headquarters and other matters (hereinafter referred to as "Regulations on Operation of Disaster Management Headquarters"). In such cases, he or she shall consult with the head of the Central Countermeasure Headquarters. |
| (2) | The head of the Central Countermeasure Headquarters may prepare a standard proposal for the Regulations on Operation of Disaster Management Headquarters and recommend the head of the disaster management supervision agency to reflect it in the Regulations on Operation of Disaster Management Headquarters. |
[This Article Wholly Amended on Feb. 5, 2014]
| Article 21-2 (Meetings of Local Countermeasure Headquarters) |
| (1) | In order to deliberate on and confirm the following matters, the head of each local countermeasure headquarters may organize and operate meetings of local countermeasure headquarters: <Amended on Feb. 5, 2014> |
| 1. | Matters relating to its own disaster restoration plans; |
| 2. | Matters relating to disaster prevention countermeasures; |
| 3. | Matters concerning disaster emergency countermeasures; |
| 4. | Matters relating to support for the damage of a disaster; |
| 5. | Other matters deemed necessary by the head of each local countermeasure headquarters. |
| (2) | Matters relating to the composition and operation of local countermeasure headquarters shall be prescribed by ordinance of the relevant local government. |
[This Article Newly Inserted on Aug. 23, 2012]
| Article 22 (Request for Disaster Relief Plans to Related Disaster Management Agencies) |
| (1) | To take administrative measures for managing disasters efficiently pursuant to Article 17 (1) of the Act, the head of a local countermeasure headquarters may request the heads of disaster management agencies referred to in subparagraph 5 (b) of Article 3 of the Act, having jurisdiction over a City/Do or a Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) to formulate and submit a disaster relief plan containing the following: <Amended on Feb. 5, 2014> |
| 1. | Place, date, scale, and cause of the occurrence of a disaster; |
| 2. | Matters relating to dispositions to cope with disasters; |
| 3. | Expected progress of disasters; |
| 4. | Plans for dispositions by phase of disaster progress; |
| 5. | Other matters determined by the head of a local countermeasure headquarters. |
| (2) | Where the head of a local countermeasure headquarters receives a written plan for coping with disaster situations referred to in paragraph (1), he or she may examine the said written plan, and then present necessary dispositions or opinions to the heads of related disaster management agencies having jurisdiction over the relevant City/Do or Si/Gun/Gu. <Amended on Feb. 5, 2014> |
[This Article Wholly Amended on Dec. 7, 2010]
| Article 22-2 (Organization and Operation of Countermeasure Headquarters) |
| (1) | The Countermeasure Headquarters under Article 17-3 (1) of the Act (hereinafter referred to as the "Countermeasure Headquarters") shall be comprised of public officials of the Ministry of the Interior and Safety, the public officials and employees dispatched from related disaster management agencies, civil experts, etc. |
| (2) | The head of the Countermeasure Headquarters may establish and operate a working group in the headquarters to efficiently support the management of a disaster situation by, such as providing support to disaster scenes, and disaster management. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for the organization, operation, etc. of the Countermeasure Headquarters shall be determined by the Minister of the Interior and Safety. |
[This Article Newly Inserted on Dec. 8, 2020]
SECTION 3 Disaster and Safety Management Centers
| Article 23 (Establishment and Operation of Disaster and Safety Management Center) |
| (1) | A disaster and safety management center to be established pursuant to Article 18 of the Act (hereinafter referred to as "disaster and safety management center") shall satisfy each of the following requisites: <Amended on Mar. 23, 2013; Feb. 5, 2014; Nov. 19, 2014; Jan. 6, 2017; Jul. 26, 2017> |
| 1. | Disaster broadcasting and information and communications systems for swiftly collecting and disseminating disaster information, and for managing and supporting resources to cope with disasters; |
| 2. | Systems for operating and managing diverse equipment for managing disaster situations efficiently; |
| 3. | Exclusive human resources for operating the disaster and safety management center and regulations for the operation thereof; |
| 4. | Other matters determined and publicly notified by the Minister of the Interior and Safety. |
| (2) | The Minister of the Interior and Safety, a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, and a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply), and the chief of a fire station may operate a substitute management office in preparation where all or some of the functions of a disaster and safety management center are inoperative due to disasters. <Amended on Aug. 23, 2012; Mar. 23, 2013; Feb. 5, 2014; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Dec. 7, 2010]
[Title Amended on Feb. 5, 2014]
| Article 24 (Reporting on Disaster Situation) |
| (1) | Each reporting and notification on a disaster situation specified in Article 20 of the Act shall include the following: <Amended on Feb. 5, 2014> |
| 1. | Date and place of the occurrence of a disaster, and cause of a disaster; |
| 2. | Particulars of damage from disasters; |
| 3. | Matters relating to emergency measures; |
| 4. | Matters relating to countermeasures and restoration activities; |
| 5. | Plans for measures henceforth; |
| 6. | Other matters determined by the heads of central administrative agencies responsible for managing the relevant disasters. |
| (2) | Detailed types, scales, reporting methods, etc. of disasters on which the head of a Si/Gun/Gu, the chief of a fire station, the chief of a coast guard station, the head of a disaster management agency under subparagraph 5 (b) of Article 3 of the Act, or the head of national core infrastructure under Article 26 (1) of the Act is obligated to report pursuant to Article 20 (1) of the Act shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Feb. 5, 2014; Nov. 19, 2014; Jun. 30, 2015; Jan. 6, 2017; Jul. 26, 2017; Jun. 2, 2020> |
| (3) | Deleted. <Jan. 6, 2017> |
| (4) | Where a matter reported pursuant to Article 20 (1) of the Act falls under any of the following cases, the relevant Mayor/Do Governor shall prepare a comprehensive notification and give it to the Minister of the Interior and Safety and the head of the disaster management supervision agency: <Amended on Feb. 5, 2014; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Where a disaster has occurred over at least two Sis/Guns/Gus; |
| 2. | Other disasters deemed to require the direction and control of the head of the Central Countermeasure Headquarters or the head of the disaster management supervision agency or the cooperation of other Cities/Dos for swiftly managing disasters. |
| (5) | Among disaster management agencies referred to in subparagraph 5 (b) of Article 3 of the Act, the head of a disaster management agency having jurisdiction over all or part of a City/Do shall, when any disaster relating to his or her competent duties has occurred in the relevant areas, immediately notify a Mayor/Do Governor and the head of a Si/Gun/Gu having jurisdiction over the areas in which the disaster has occurred of such facts. <Amended on Feb. 5, 2014> |
[This Article Wholly Amended on Dec. 7, 2010]
| Article 25 (Reporting on Overseas Disaster Situation) |
| (1) | Where an overseas disaster has occurred or is likely to occur in the jurisdiction of the head of a diplomatic mission overseas, he or she shall report to the Minister of Foreign Affairs on the matters falling under each subparagraph of Article 24 (1). <Amended on Mar. 23, 2013; Feb. 5, 2014> |
[This Article Wholly Amended on Dec. 7, 2010]
[Title Amended on Feb. 5, 2014]
CHAPTER III SAFETY MANAGEMENT PLANS
| Article 26 (Formulation of Master Plans for National Safety Management) |
| (1) | The Prime Minister shall prepare guidelines for formulating a master plan for national disaster and safety management referred to in Article 22 (1) of the Act (hereinafter referred to as "master plan for national safety management") every five years. <Amended on Jun. 10, 2021> |
| (2) | The Prime Minister shall formulate a master plan for national safety management every five years pursuant to Article 22 (4) of the Act. In such cases, opinions of relevant institutions, experts, etc. may be heard. <Newly Inserted on Jun. 10, 2021> |
| (3) | Deleted. <Feb. 5, 2014> |
| (4) | The heads of the relevant central administrative agencies shall take measures for implementing master plans for national safety management, such as reflection of necessary budget. <Newly Inserted on Aug. 23, 2012> |
| (5) | The Minister of the Interior and Safety shall publish a master plan for national safety management notified pursuant to Article 22 (4) of the Act on the website of the Ministry of the Interior and Safety. <Newly Inserted on Jun. 10, 2021> |
[This Article Wholly Amended on Dec. 7, 2010]
| Article 27 (Formulation and Submission of Implementation Plans) |
| (1) | The head of each relevant central administrative agency shall formulate an implementation plan under Article 23 (1) of the Act (hereinafter referred to as "implementation plan") for the following year and notify the Minister of the Interior and Safety thereof by no later than October 31 each year. <Newly Inserted on Aug. 23, 2012; Mar. 23, 2013; May 31, 2013; Nov. 19, 2014; Jan. 6, 2017; Jul. 26, 2017> |
| (2) | Where deemed necessary for formulating implementation plans efficiently, the Minister of the Interior and Safety may prepare guidelines for formulating implementation plans and notify the heads of the relevant central administrative agencies thereof. <Newly Inserted on Aug. 23, 2012; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | If necessary for formulating implementation plans, the heads of relevant central administrative agencies may request the heads of disaster management agencies subject to formulating detailed implementation plans under Article 28 to submit materials necessary in formulating the implementation plans. <Newly Inserted on Aug. 23, 2012> |
| (4) | Deleted. <Feb. 5, 2014> |
| (5) | Where any matters are amended to an implementation plan finalized pursuant to Article 23 (1) of the Act, the head of a central administrative agency shall consult about the amended matters with the Minister of the Interior and Safety, and report thereon to the Prime Minister: Provided, That reporting on any of the following insignificant matters may be omitted: <Amended on Aug. 23, 2012; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Matters relating to mere increase or decrease of expenses, etc. incurred in managing disasters and safety in implementation plans; |
| 2. | Matters that do not influence the management of disasters and safety of other relevant central administrative agencies; |
| 3. | Other matters that the Minister of the Interior and Safety deems having no effect on the basic direction-setting for the implementation plan. |
[This Article Wholly Amended on Dec. 7, 2010]
[Title Amended on Aug. 23, 2012]
| Article 28 (Persons subject to Formulating Detailed Implementation Plans) |
| (1) | The head of a disaster management agency referred to in Article 23 (2) and (3) of the Act shall be the head of an organization equivalent to the main office of a disaster management agency, from among the heads of disaster management agencies specified in attached Table 1-2. <Amended on Aug. 23, 2012; Feb. 5, 2014> |
| (2) | Where deemed necessary for formulating detailed implementation plans efficiently under Article 23 (3) of the Act, the head of a relevant central administrative agency may prepare guidelines for formulating implementation plans and notify the heads of relevant disaster management agencies thereof. <Newly Inserted on Aug. 23, 2012> |
[This Article Wholly Amended on Dec. 7, 2010]
[Title Amended on Aug. 23, 2012]
| Article 29 (Formulation of City/Do Safety Management Plans and Si/Gun/Gu Safety Management Plans) |
| (2) | A Mayor/Do Governor and the head of a Si/Gun/Gu may undergo a prior examination and deliberation by a working committee on safety management plans under his or her jurisdiction. |
| (3) | Each Mayor/Do Governor shall finalize the safety management plans under his or her jurisdiction by no later than December 31 of the previous year, and the head of each Si/Gun/Gu shall finalize safety management plans under his or her jurisdiction by the end of February of the relevant year. <Newly Inserted on Aug. 23, 2012; Jan. 6, 2017> |
| (4) | Plans for safety management duties under the jurisdiction of the head of a disaster management agency to be formulated by the head of such agency under Articles 24 (2) and 25 (2) of the Act shall include the following: <Newly Inserted on Aug. 23, 2012> |
| 1. | Basic direction-setting for the management of disasters and safety under his or her jurisdiction; |
| 2. | Matters relating to the mutual cooperation among, and measures to be taken by, the relevant agencies in taking countermeasures by types of disasters; |
| 3. | Matters relating to the project plans for managing disasters and safety under his or her jurisdiction; |
| 4. | Other matters necessary for managing disasters and safety. |
[This Article Wholly Amended on Dec. 7, 2010]
CHAPTER IV PREVENTION OF DISASTERS
| Article 29-2 (Measures for Disaster Prevention) |
| (1) | To prevent disasters under Article 25-2 (1) of the Act, the Minister of the Interior and Safety may collect and analyze information on the signs of occurrence of a disaster (hereinafter referred to as "disaster-sign information") including the following matters and request the head of the relevant disaster management agency to take necessary measures in advance: <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Locations where the signs of occurrence of a disaster were caught; |
| 2. | Causes and situation of the occurrence of risk factors; |
| 3. | Matters relating to the elimination of risk factors and the measures taken; |
| 4. | Other matters necessary for preventing disasters. |
| (2) | For efficiently examining, evaluating, and managing disaster-sign information, the Minister of the Interior and Safety may operate a disaster-sign information management system. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Feb. 5, 2014]
[Moved from Article 30; previous Article 29-2 moved to Article 30 <Feb. 5, 2014>]
| Article 29-3 (Formulation of Function Continuity Plans) |
| (1) | The Minister of the Interior and Safety shall formulate guidelines for formulating a plan under Article 25-2 (5) of the Act (hereinafter referred to as "function continuity plan") and notify them to the heads of the following institutions or organizations, etc. (hereinafter referred to as "institutions required to formulate function continuity plans): <Amended on Apr. 5, 2022> |
| 1. | Disaster management agencies; |
| 2. | Institutions and organizations (including non-governmental organizations; hereafter in this Article, the same shall apply) and non-governmental enterprises which are publicly notified by the Minister of the Interior and Safety pursuant to Article 25-2 (6) of the Act. |
| (2) | The head of each relevant central administrative agency and each Mayor/Do Governor in receipt of guidelines under paragraph (1) may prepare guidelines reflecting the unique characteristics of the affairs or regions under his or her jurisdiction and notify them to the heads of relevant disaster management agencies and the heads of disaster management agencies in his or her jurisdictional area, respectively. <Amended on Apr. 5, 2022> |
| (3) | A function continuity plan shall include the following: <Amended on Apr. 5, 2022> |
| 1. | Matters relating to the selection and priorities of core functions of the relevant institution required to formulate a function continuity plan; |
| 2. | Matters relating to the designation of the decision-making authority and the vicarious exercise of the authority to maintain the core functions in a disaster situation; |
| 3. | Matters relating to the securement of alternative facilities, equipment, etc. to maintain core functions; |
| 4. | Matters relating to detailed implementation procedures of the function continuity plan, such as an activity plan of the subordinate employees in a disaster situation; |
| 5. | Matters relating to education and training of subordinate employees, etc. on the function continuity plan; |
| 6. | Other matters that the head of the relevant institution required to formulate a function continuity plan deems necessary to maintain the core functions of the institution in a disaster situation. |
| (4) | Where the head of an institution required to formulate a function continuity plan formulates or modifies a function continuity plan, he or she shall notify the Minister of the Interior and Safety of such fact within one month after formulating or modifying it. In such cases, the head of a Si/Gun/Gu shall notify it through the competent Mayor/Do Governor, and the head of a disaster management agency specified in attached Table 1-2 shall notify it through the head of the relevant central administrative agency or the competent Mayor/Do Governor. <Amended on Apr. 5, 2022> |
| (5) | Where the Minister of the Interior and Safety intends to inspect the current status of implementing a function continuity plan (hereafter in this Article referred to as "implementation status inspection") pursuant to Article 25-2 (7) of the Act, he or she shall notify the head of the relevant institution required to formulate a function continuity plan of an implementation status inspection plan in advance. <Amended on Apr. 5, 2022> |
| (6) | Where the Minister of the Interior and Safety conducts an implementation status inspection, he or she may do so jointly with an administrative agency specified as follows: <Amended on Apr. 5, 2022> |
| 1. | A disaster management agency specified in attached Table 1-2 or an institution, an organization, or a non-governmental enterprise which is publicly notified by the Minister of the Interior and Safety pursuant to Article 25-2 (6) of the Act: The head of the relevant central administrative agency or the head of the competent local government; |
| 2. | A Si/Gun/Gu: A Mayor/Do Governor. |
| (7) | The Minister of the Interior and Safety may request the head of an institution required to formulate a function continuity plan to make correction, supplementation, etc. based on the result of an implementation status inspection and may reflect the findings on whether the requested correction or supplement is appropriately made, in the evaluation of disaster management system, etc. referred to in Article 33-2 of the Act. <Amended on Apr. 5, 2022> |
| (8) | Except as provided in paragraphs (1) through (7), matters necessary for the formulation of function continuity plans and inspection of implementation status shall be determined by the Minister of the Interior and Safety. |
[This Article Newly Inserted on Jan. 18, 2018]
| Article 30 (Designation of National Core Infrastructure) |
| (1) | The heads of relevant central administrative agencies shall designate national core infrastructure in conformity with the standards specified in each subparagraph of Article 26 (1) of the Act and attached Table 2 after seeking opinions from the heads of the relevant disaster management agencies or the managers of relevant facilities. <Amended on Feb. 5, 2014; Jun. 2, 2020> |
| (2) | Where the head of a relevant central administration agency intends to designate national core infrastructure under paragraph (1), he or she shall request the Coordination Committee to deliberate thereon, following a prior consultation thereabout with the Minister of the Interior and Safety. <Amended on Aug. 23, 2012; Mar. 23, 2013; Feb. 5, 2014; Nov. 19, 2014; Jul. 26, 2017; Jun. 2, 2020> |
| (3) | Where the head of a relevant central administrative agency revokes the designation of national core infrastructure pursuant to Article 26 (3) of the Act, paragraph (2) shall apply mutatis mutandis. <Amended on Feb. 5, 2014; Jun. 2, 2020> |
| (4) | Where the head of a relevant central administrative agency designates any national core infrastructure or revokes the designation thereof under Article 26 (1) or (3) of the Act, he or she shall publicly announce the following matters in the Official Gazette: Provided, That such public announcement may be omitted where the head of the relevant central administrative agency deems such omission is necessary for national security: <Newly Inserted on Aug. 23, 2012; Feb. 5, 2014; Jun. 2, 2020> |
| 1. | Name of the national core infrastructure; |
| 2. | Name of the agency or enterprise in charge of managing the national core infrastructure and name of the head of such agency or enterprise; |
| 3. | Reasons for designation of the national core infrastructure or revocation of the designation thereof. |
| (5) | The Minister of the Interior and Safety may recommend that the head of a relevant central administrative agency designate facilities, information technology systems, assets, etc. deemed necessary to be necessary to be designated and managed as national core infrastructure, as such. <Newly Inserted on Jun. 2, 2020> |
| (6) | Except as provided in paragraphs (1) through (5), detailed matters necessary for designating national core infrastructure and other matters shall be determined by the Minister of the Interior and Safety. <Newly Inserted on Aug. 23, 2012; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Jan. 18, 2018; Jun. 2, 2020> |
[This Article Wholly Amended on Dec. 7, 2010]
[Title Amended on Jun. 2, 2020]
[Moved from Article 29-2; previous Article 30 moved to Article 29-2 <Feb. 5, 2014>]
| Article 30-2 (Management of National Core Infrastructure) |
| (1) | The Minister of the Interior and Safety shall prepare guidelines for the formulation of a plan for the protection of national core infrastructure under Article 26-2 (1) of the Act and notify the heads of relevant central administrative agencies of said guidelines. <Amended on Jun. 2, 2020> |
| (2) | Where the Minister of the Interior and Safety or the head of the relevant central administrative agency intends to check and examine status of protecting and managing national core infrastructure (hereafter in this Article, referred to as "inspection of management status") pursuant to Article 26-2 (3) of the Act, he or she shall notify the heads of an agency, organization, etc. that manages the national core infrastructure (hereafter in this Article, referred to as "head of a managing agency") of the plan for the examination of management status in advance: Provided, That if there is any urgent reason, the notification of the plan for the examination of management status may be omitted. <Amended on Jun. 2, 2020> |
| (3) | Upon conducting an examination of management status, the head of the relevant central administrative agency shall notify the findings thereof to the Minister of the Interior and Safety. |
| (4) | The Minister of the Interior and Safety or the head of the relevant central administrative agency may suggest the head of the relevant managing agency to make correction, etc. of the matters turned out to require correction, etc. as a result of the examination of management status. |
[This Article Newly Inserted on Jan. 18, 2018]
[Title Amended on Jun. 2, 2020]
| Article 31 (Designation of Areas subject to Special Management) |
| (1) | To designate an area subject to special management (hereinafter referred to as "area subject to special management") pursuant to Article 27 (1) of the Act, the head of a central administrative agency or a local government shall investigate the current status of areas under his or her jurisdiction regularly or occasionally each year. <Amended on May 31, 2013; Feb. 5, 2014; Jun. 30, 2015; Dec. 30, 2015; Jan. 18, 2018> |
| (2) | The head of a central administrative agency or a local government shall designate any of the following areas as an area subject to special management or revoke such designation in accordance with the detailed criteria for designation prescribed in guidelines for designation, management, etc. of areas subject to special management pursuant to Article 32 (1): <Amended on May 31, 2013; Feb. 5, 2014; Jun. 30, 2015; Jan. 18, 2018> |
| 1. | An area with a high risk of, or concerns over, damage from natural disasters; |
| 2. | An area requiring management for prevention of disasters, which fall under attached Table 2-2; |
| 3. | Any other area deemed by the heads of disaster management agencies to require special management for disaster prevention. |
| (3) | Where the head of a central administrative agency or a local government designates an area subject to special management or revokes the designation thereof pursuant to paragraph (2), he or she shall notify the owner, manager, or occupant (hereinafter referred to as "interested person") of the area subject to specific management of such fact, as prescribed by Ordinance of the Ministry of the Interior and Safety.<Amended on Mar. 23, 2013; Nov. 19, 2014; Jun. 30, 2015; Jul. 26, 2017; Jan. 18, 2018> |
[This Article Wholly Amended on Dec. 7, 2010]
[Title Amended on Jan. 18, 2018]
[Moved from Article 32; previous Article 31 moved to Article 34-4 <Feb. 5, 2014>]
| Article 32 (Guidelines for Designation and Management of Areas subject to Special Management) |
| (1) | The heads of related central administrative agencies (where the disaster management agency is a local government, referring to the Minister of the Interior and Safety; hereafter the same shall apply in this Article and Article 33) shall enact guidelines for designation, management, etc. of areas subject to special management, and notify the heads of related disaster management agencies thereof. <Amended on May 31, 2013; Feb. 5, 2014; Nov. 19, 2014; Jul. 26, 2017; Jan. 18, 2018> |
| (2) | Guidelines referred to in paragraph (1) shall include the following matters necessary for designating, managing, etc. of an area subject to special management: <Amended on May 31, 2013; Jan. 18, 2018> |
| 1. | Matters relating to the detailed criteria for designation of an area subject to special management; |
| 2. | Matters relating to the method of investigation into an area subject to special management, and procedures for designation of an area subject to special management and the revocation thereof; |
| 3. | Matters relating to the criteria for the assessment of safety grade of an area subject to special management; |
| 4. | Methods of safety inspection, maintenance, and management of an area subject to special management; |
| 5. | Other matters deemed necessary by the heads of related central administrative agencies for the designation, management, etc. of an area subject to special management. |
[This Article Wholly Amended on Dec. 7, 2010]
[Title Amended on Jan. 18, 2018]
[Moved from Article 33; previous Article 32 moved to Article 31 <Feb. 5, 2014>]
| Article 33 (Formulation and Implementation of Long- and Short-Term Plans for Eliminating Risks of Disaster Occurrence) |
| (1) | The heads of disaster management agencies shall formulate long- and short-term plans including the following matters in order to eliminate the risks of disasters from areas subject to special management pursuant to Article 27 (2) of the Act, and submit them to the heads of related central administrative agencies: <Amended on Feb. 5, 2014; Jan. 18, 2018> |
| 1. | Basic principles for consolidating and managing areas subject to special management; |
| 2. | Matters relating to the plans by year for consolidation and management of areas subject to special management; |
| 3. | Matters relating to the detailed consolidation and management plans by respective areas subject to special management; |
| 4. | Other necessary matters, such as measures to secure financial resources. |
| (2) | Detailed matters necessary for formulating and implementing long- and short-term plans under paragraph (1) shall be determined by the heads of related central administrative agencies. |
[This Article Wholly Amended on Dec. 7, 2010]
[Moved from Article 34; previous Article 33 moved to Article 32 <Feb. 5, 2014>]
| Article 34 (Subsidies from National Treasury) |
Where the head of a local government formulates and implements long- and short-term plans for eliminating the risks of disaster occurrence from areas subject to special management (excluding areas owned by the private sector subject to special management by the local government) pursuant to Article 33, the State may fully or partially subsidize expenses incurred therein. <Amended on Feb. 5, 2014; Jan. 18, 2018> [This Article Newly Inserted on Aug. 4, 2010]
[Moved from Article 34-2; previous Article 34 moved to Article 33 <Feb. 5, 2014>]
| Article 34-2 (Safety Grades and Safety Inspection of Areas subject to Special Management) |
| (1) | The head of a disaster management agency shall manage areas subject to special management designated pursuant to Article 31 (2) in accordance with the criteria for assessment of safety grades prescribed by the guidelines for designation, management, etc. of areas subject to special management referred to in Article 32 (1) by classifying them into any of the following grades: <Amended on Feb. 5, 2014; Jan. 18, 2018> |
| 1. | Grade A: Where safety level is excellent; |
| 2. | Grade B: Where safety level is satisfactory; |
| 3. | Grade C: Where safety level is average; |
| 4. | Grade D: Where safety level is unsatisfactory; |
| 5. | Grade E: Where safety level is substandard. |
| (2) | The head of a disaster management agency shall publicly announce the following matters relating to areas subject to special management which fall under Grade D or E, or are upgraded to Grade D or E in an official report or post them on the website, etc. issued or managed by the relevant agency, and shall notify the Minister of the Interior and Safety thereof. The same shall also apply where the designation of the areas subject to special management that falls under Grade D or E is revoked: <Amended on Nov. 19, 2014; Jul. 26, 2017; Jan. 18, 2018> |
| 1. | Names and locations of areas subject to special management; |
| 2. | Personal information of persons related to areas subject to special management; |
| 3. | Grounds for the relevant grading (where the designation of any area subject to special management that fall under Grade D or E is revoked, referring to the grounds therefor). |
| (3) | The head of a disaster management agency shall conduct safety inspections of areas subject to special management, classified as follows: <Amended on Jan. 18, 2018> |
| 1. | Regular safety inspections: |
| (a) | Areas subject to special management falling under Grade A, B, or C: At least once each half-year; |
| (b) | Areas subject to special management falling under Grade D: At least once each month; |
| (c) | Areas subject to special management falling under Grade E: At least twice each month; |
| 2. | Occasional safety inspections: Where deemed necessary by the head of the disaster management agency. |
| (4) | The Minister of the Interior and Safety may establish and operate an informatization system for systematically managing areas subject to special management. <Amended on Nov. 19, 2014; Jul. 26, 2017; Jan. 18, 2018> |
| (5) | The head of a disaster management agency shall manage areas subject to special management by using the informatization system operated pursuant to paragraph (4). <Amended on Jan. 18, 2018> |
[This Article Newly Inserted on May 31, 2013]
[Title Amended on Jan. 18, 2018]
[Moved from Article 34-3; previous Article 34-2 moved to Article 34 <Feb. 5, 2014>]
| Article 34-3 Deleted. <Jan. 18, 2018> |
| Article 34-4 (Exclusion from Application of Provisions governing Areas subject to Special Management) |
Notwithstanding Articles 31, 32, 33, and 34-2, where any special provisions exist in other statutes and regulations on the designation, management, etc. of the related areas for the prevention of disasters, such designation, management, etc. shall be dealt with according to such provisions. <Amended on Dec. 30, 2015; Jan. 18, 2018> [This Article Newly Inserted on Feb. 5, 2014]
[Title Amended on Jan. 18, 2018]
[Moved from Article 34-3 <Dec. 30, 2015>]
| Article 35 (Reporting on Designation of, and Results of Measures Taken for, Areas subject to Special Management) |
| (1) | Where the head of a central administrative agency, the head of a local government, or the head of a disaster management agency designates areas subject to special management pursuant to Article 27 (1) of the Act or has taken measures necessary for managing and maintaining areas subject to special management pursuant to paragraph (2) of the same Article, he or she shall report or notify the following matters to the Minister of the Interior and Safety by the last day of the month in which falls the date the designation is made or the measures are taken pursuant to paragraph (3) of the same Article: |
| 1. | Current status of designation of areas subject to special management; |
| 2. | Current status of necessary measures taken to manage and maintain areas subject to special management, such as regular and occasional inspections, maintenance, and repair. |
| (2) | The Minister of the Interior and Safety shall report the current status of designation of and measures taken for areas subject to special management to the Prime Minister at least once every year pursuant to Article 27 (4) of the Act, and may report such status at any time if necessary. |
[This Article Wholly Amended on Jan. 18, 2018]
| Article 36 (Submission of Results of Corrective Measures) |
Where the head of a disaster management agency receives a request for corrective or supplementary measures pursuant to Article 27 (5) of the Act, he or she shall take measures for disaster prevention and thereafter report to the Chairperson of the Central Committee on the results of such measures through the head of the related central administrative agency and the Minister of the Interior and Safety: Provided, That the head of the central administrative agency that is a disaster management agency may directly submit the report to the Chairperson of the Central Committee. <Amended on Feb. 5, 2014; Nov. 19, 2014; Jun. 30, 2015; Jul. 26, 2017; Jan. 18, 2018; Jan. 18, 2018> [This Article Wholly Amended on Dec. 7, 2010]
| Article 37 (Scope of Disaster Prevention Facilities) |
| (1) | "Disaster prevention facilities prescribed by Presidential Decree" in Article 29 (1) of the Act means any of the following facilities: <Amended on Feb. 5, 2014; Jul. 14, 2014; Jul. 16, 2014; Nov. 19, 2014; Jul. 17, 2017; Jul. 26, 2017; Jan. 5, 2021; Jun. 14, 2022> |
| 1. | Embankments, bank protection (facilities to prevent erosion at the foot or on the bank), reservoirs for irrigation, and floodgates among small river appurtenance defined in subparagraph 3 of Article 2 of the Small River Maintenance Act; |
| 2. | Dams, estuary weirs, embankments, bank protection, water control works, reservoirs for irrigation, lock gates, floodgates, waterway tunnels, and canals among river facilities defined in subparagraph 3 of Article 2 of the River Act and facilities for forecasting the occurrence of floods among floodgate survey facilities defined in subparagraph 2 of Article 2 of the Enforcement Decree of the Act on the Investigation, Planning, and Management of Water Resources; |
| 5. | Facilities for the use of underground water, such as reservoirs, pumping grounds, and wells, and drainage stations, diversion weirs, irrigation channels, drainage channels, puddles, tide embankments, and embankments, among agricultural infrastructure defined in subparagraph 6 of Article 2 of the Agricultural and Fishing Villages Improvement Act; |
| 7. | Dams under the Act on Construction and Management of Dams and Assistance to Their Environs; |
| 12. | Other facilities established for preventing disasters, determined and publicly notified by the Minister of the Interior and Safety. |
| (2) | Deleted. <Feb. 5, 2014> |
[This Article Wholly Amended on Dec. 7, 2010]
[Title Amended on Feb. 5, 2014]
[Moved from Article 43; previous Article 37 moved to Article 42 <Feb. 5, 2014>]
| Article 37-2 (Specialized Educational Institutions for Training of Persons Engaging in Field of Disaster and Safety) |
Educational institutions eligible to conduct any specialized training upon entrustment under Article 29-2 (2) of the Act shall be as follows: <Amended on Nov. 19, 2014; Jun. 30, 2015; Jul. 26, 2017> | 1. | Educational institutions for public officials of the Ministry of the Interior and Safety, related central administrative agencies, or Cities/Dos; |
| 2. | Educational institutions affiliated with a disaster management agency (limited to an agency, other than administrative agencies); |
| 3. | Private educational institutions having records of operation of training in the field of disaster and safety management, which are designated by the Minister of the Interior and Safety. |
[This Article Newly Inserted on Feb. 5, 2014]
[Previous Article 37-2 moved to Article 42-2 <Feb. 5, 2014>]
| Article 38 (Facilities subject to Emergency Safety Inspection) |
| (1) | Facilities and areas subject to emergency safety inspections referred to in Article 30 (1) of the Act shall be areas subject to special management, and other facilities and areas deemed by the Minister of the Interior and Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu to require emergency safety inspections. <Amended on Aug. 23, 2012; Feb. 5, 2014; Nov. 19, 2014; Jul. 26, 2017; Jan. 18, 2018> |
| (2) | Urgent causes for requiring emergency safety inspections pursuant to Article 30 (1) of the Act shall be as follows: <Amended on Aug. 23, 2012> |
| 1. | Where an emergency safety inspection into damaged facilities is required as a disaster causing severe social damage has occurred or where an inspection is required to prevent any disaster against facilities similar thereto; |
| 2. | Where safety countermeasures are required for vulnerable facilities likely to suffer seasonal disasters. |
| (3) | Where the Minister of the Interior and Safety and the head of a disaster management agency conduct an emergency safety inspection, pursuant to Article 30 (1) of the Act, they shall first notify interested persons in the facilities and areas subject to emergency safety inspection of the purpose, date, etc. of the emergency safety inspection in writing: Provided, That where the purpose of emergency safety inspection is unattainable by means of a written notice, a verbal notice may be made. <Amended on Feb. 5, 2014; Nov. 19, 2014; Jul. 26, 2017> |
| (4) | Where an emergency safety inspection is conducted under Article 30 (1) of the Act, the findings of the emergency safety inspection and matters for safety measures, etc. shall be recorded and maintained on the cards prescribed by Ordinance of the Ministry of the Interior and Safety relating to the management of facilities and areas subject to emergency safety inspection. <Amended on Mar. 23, 2013; Feb. 5, 2014; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Dec. 7, 2010]
| Article 39 (Orders to Take Safety Measures) |
| (1) | Where the Minister of the Interior and Safety or the head of a disaster management agency intends to issue an order for matters necessary for safety measures pursuant to Article 31 (1) of the Act, he or she shall forward a written order for safety measures prescribed by Ordinance of the Ministry of the Interior and Safety, stating the following matters, to interested persons in the facilities and areas referred to in Article 38 (1): <Amended on Aug. 23, 2012; Mar. 23, 2013; Feb. 5, 2014; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Findings of safety inspection; |
| 2. | Reasons for issuing an order to take safety measures; |
| 3. | Deadline for safety measures. |
| 4. | Matters for which safety measures are to be taken; |
| 5. | Methods of undertaking safety measures; |
| 6. | Matters to be notified to the heads of the relevant disaster management agencies after safety measures are taken. |
| (2) | An implementation plan to be prepared and submitted under Article 31 (2) of the Act shall include the following: <Newly Inserted on Aug. 23, 2012> |
| 1. | Personal information on the interested person to take safety measures; |
| 2. | Details and methods of safety measures to be taken; |
| 3. | Deadline for safety measures. |
| (3) | Upon receipt of notification on the results of safety measures taken under Article 31 (2) of the Act, the Minister of the Interior and Safety or the heads of disaster management agencies shall confirm whether the safety measures are taken. <Newly Inserted on Aug. 23, 2012; Feb. 5, 2014; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Dec. 7, 2010]
| Article 39-2 (Provision of Safe Environment for Vulnerable Groups in Safety Affairs) |
| (1) | The head of a central administrative agency shall provide support to the following vulnerable groups in safety affairs pursuant to Article 31-2 (1) of the Act: |
| 1. | Children under the age of 13; |
| 2. | Senior citizens 65 years of age or older; |
| 4. | Other persons deemed vulnerable to a disaster or various other accidents. |
| (2) | The head of a central administrative agency may provide the following support to vulnerable groups in safety affairs under the subparagraphs of paragraph (1): |
| 1. | Safety inspections and improvement of facilities necessary for safety management, such as firefighting equipment, gas, and electricity; |
| 2. | Improvement of the environment to secure the safety of vulnerable areas, such as protection areas for children; |
| 3. | Provision of safety equipment and supplies necessary for the prevention of disasters and accidents; |
| 4. | Other matters the Minister of Land, Infrastructure and Transport deems necessary to create a safe living environment for vulnerable groups in safety affairs. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for providing a safe environment for vulnerable groups in safety affairs shall be determined by the head of a central administrative agency. |
[This Article Newly Inserted on Jun. 2, 2020]
[Previous Article 39-2 moved to Article 39-3 <Jun. 2, 2020>]
| Article 39-3 (Organization of Government Joint Safety Inspection Group and Methods of Inspection) |
| (1) | The Government joint safety inspection group under Article 32 (1) of the Act (hereafter in this Article referred to as "Government joint inspection group") shall be comprised of public officials of the Minister of the Interior and Safety and public officials or employees dispatched from relevant disaster management agencies. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The head of the Government joint inspection group shall be appointed by the Minister of the Interior and Safety. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Government joint safety inspections may be conducted as follows: |
| 1. | Regular inspections: Inspections regularly conducted taking seasonal factors, etc. into consideration; |
| 2. | Occasional inspections: Inspections occasionally conducted for preventing controversial social issues and similar accidents, etc. |
| (4) | In conducting a Government joint safety inspection under paragraph (3), the head of a relevant disaster management agency subject to the inspection shall be notified of the inspection plan in advance: Provided, That in cases of an urgent occasional inspection, such notification of the inspection plan may be omitted. |
| (5) | Where necessary for efficiently conducting a Government joint safety inspection, the head of a relevant disaster management agency may be requested to submit in advance the data necessary for the inspection, or the opinions from relevant persons related to the facilities, etc. subject to the inspection or experts may be heard. |
| (6) | Where any opinions of experts are heard under paragraph (5), allowances, etc. may be paid to them, within the budget. |
| (7) | Where necessary for improving the efficiency of a Government joint safety inspection, preventing the duplication of affairs, etc., the Minister of the Interior and Safety may receive the inspection plans in the field of disaster and safety management from relevant central administrative agencies and adjust timing, targets, fields, etc. of inspections. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
[This Article Newly Inserted on Feb. 5, 2014]
[Moved from Article 39-2 <Jun. 2, 2020>]
| Article 39-4 (Operation of Intensive Safety Inspection Period) |
| (1) | The Minister of the Interior and Safety shall formulate a plan necessary for operating an intensive safety inspection period pursuant to Article 32-3 (1) of the Act (hereafter in this Article referred to as "plan for operating an intensive safety inspection period") and notify the head of a relevant central administrative agencies and Mayor/Do Governor of such plan. |
| (2) | A plan for operating an intensive safety inspection period shall include the following matters: |
| 1. | Matters relating to the period of, schedule, and subject matter of and methods for the intensive safety inspection; |
| 2. | Matters relating to disaster prevention and improvement of citizens' awareness of the importance of safety; |
| 3. | Matters relating to the evaluation of outcomes of operating the intensive safety inspection period; |
| 4. | Matters relating to the management of records of the findings of an intensive safety inspection, follow-up measures, etc.; |
| 5. | Other matters necessary for operating an intensive safety inspection period. |
| (3) | The head of a relevant central administrative agency notified of a plan for operating an intensive safety inspection period pursuant to paragraph (1), may prepare guidelines for formulating implementation plans regarding the intensive safety inspection period in the fields under his or her jurisdiction (hereafter in this Article referred to as "guidelines for formulating implementation plans") and notify relevant Mayors/Do Governors and the heads of disaster management agencies of said guidelines under subparagraph 5 (b) of Article 3 of the Act. |
| (4) | Upon receipt of guidelines for formulating implementation plans under paragraph (3), the head of a disaster management agency under subparagraph 5 (b) of Article 3 of the Act, may submit an implementation plan regarding the intensive safety inspection period under his or her jurisdiction, to the head of the competent central administrative agency, the competent Mayor/Do Governor, or the head of the competent Si/Gun/Gu. |
| (5) | A Mayor/Do Governor may prepare guidelines for formulating implementation plans regarding an intensive safety inspection period of a City/Do (hereafter in this Article referred to as "guidelines for formulating implementation plans for a City/Do") by integrating plans for an intensive safety inspection period, guidelines for formulating implementation plans, and implementation plans under paragraph (4) and notify the head of a Si/Gun Gu of said guidelines. |
| (6) | Where the head of a Si/Gun/Gu formulates an implementation plan regarding an intensive safety inspection period of a Si/Gun/Gu (hereafter in this Article referred to as "implementation plan for a Si/Gun/Gu") by integrating implementation plans and guidelines for formulating implementation plans for a City/Do under paragraph (4), he or shall submit said implementation plans to the Mayor/Governor and notify the head of the head of a disaster management agency under subparagraph 5 of Article 3 of the Act under his or her jurisdiction. |
| (7) | Where a Mayor/Do Governor prepares an implementation plan regarding an intensive safety inspection period ( (hereafter in this Article referred to as "implementation plan for a City/Do") by integrating plans for operating an intensive safety inspection period, guidelines for formulating implementation plans, implementation plans under paragraph (4), and implementation plans for a Si/Gun/Gu, he or she may notify the Minister of the Interior and Safety, the head of a relevant central administrative agency, and the head of a disaster management agency under subparagraph 5 (ii) of Article 3 of the Act under his or her jurisdiction of such plan. |
| (8) | Where the head of a relevant central administrative agency formulates an implementation plan regarding an intensive safety inspection period by integrating plans for operating an intensive safety inspection period, implementation plans under paragraph (4), and implementation plans for a City/Do, he or she may notify the Minister of the Interior and Safety of such plan. |
| (9) | Where the head of a relevant central administrative agency or the head of a local government operates an intensive safety inspection period in the fields under his or her jurisdiction or in the areas under his or her jurisdiction, he or she may submit the results of such operation to the head of the relevant central administrative agency; a Mayor/Do Governor may do the same to the Minister of the Interior and Safety; and the head of a Si/Gun/Gu to a Mayor/Do Governor. |
| (10) | The Minister of the Interior and Safety and the head of an institution that operates an intensive safety inspection period shall take measures necessary to operate such period, such as securing budgets and human resources. |
| (11) | The Minister of the Interior and Safety may provide financial support, rewards, and take other necessary measures for a local government that operates an intensive safety inspection period. |
| (12) | Except as provided in paragraphs (1) through (11), matters necessary for the operation of an intensive safety inspection period shall be determined by the Minister of the Interior and Safety. |
[This Article Newly Inserted on Jun. 2, 2020]
| Article 40 (Specialized Safety Management Agencies) |
Specialized safety management agencies under Article 33 (1) of the Act shall be as follows: <Amended on Feb. 5, 2014; Nov. 19, 2014; Jul. 24, 2015; Apr. 26, 2016; Jul. 26, 2017; Jan. 16, 2018; Jun. 26, 2018; Jan. 22, 2019; Feb. 8, 2019; Dec. 1, 2020; Mar. 30, 2021> | 7. | Korea Authority of Land and Infrastructure Safety under the Act on the Korea Authority of Land and Infrastructure Safety; |
| 11. | Korea Fire Safety Institute referred to in the Framework Act on Fire-Fighting Services; |
| 13. | Other institutions deemed necessary to be requested the data on safety management, and publicly notified by the Minister of the Interior and Safety. |
[This Article Wholly Amended on Dec. 7, 2010]
| Article 41 (Data Requestable to Specialized Safety Management Agencies) |
Data necessary for safety management that the Minister of the Interior and Safety may request specialized safety management agencies to provide pursuant to Article 33 (1) of the Act shall be as follows: <Amended on Feb. 5, 2014; Nov. 19, 2014; Jul. 26, 2017> | 1. | Current status of facilities subject to safety management, and design documents of major facilities; |
| 2. | Written plans for implementing safety management inspection; |
| 3. | Results of safety management inspection and opinions on measures therefor; |
| 4. | Results of precise safety diagnosis and opinions on the measures therefor; |
| 5. | Other matters relating to safety management, such as matters for disposition, etc. against the offenders of safety inspections. |
[This Article Wholly Amended on Dec. 7, 2010]
[Title Amended on Feb. 5, 2014]
| Article 42 (Evaluation of Disaster Management System) |
| (1) | Where the Minister of the Interior and Safety evaluates the process of prevention, countermeasures, and recovery by phase in preparing large-scale disasters pursuant to Article 33-2 (1) 1 of the Act, he or she may evaluate the following matters: <Amended on Mar. 23, 2013; Feb. 5, 2014; Nov. 19, 2014; Jul. 26, 2017; Jan. 18, 2018; Jan. 7, 2020; Jun. 2, 2020> |
| 1. | Evaluation of implementation plans, detailed implementation plans, City/Do safety management plans, and Si/Gun/Gu safety management plans; |
| 2. | Current status of education and publicity for disaster prevention; |
| 2-2. | Current status of completion of specialized training by persons engaging in the field of disaster and safety management; |
| 3. | Current status of management of areas subject to special management and of national core infrastructure; |
3-2; Current status of the preparation, application, and management of risk management manuals by type of disasters under Article 34-5 (1) of the Act; | 4. | Current status of the designation and management of materials, commodities, equipment, facilities to accommodate the afflicted people, etc. for emergency countermeasures; |
| 5. | Current status of the operation of disaster state management; |
| 6. | Promotion status, etc. of projects implemented in accordance with an agency’s own restoration plan under Article 59 (1) of the Act or a disaster restoration plan under paragraph (4) of the same Article. |
| (2) | The Minister of the Interior and Safety shall prepare guidelines for evaluation of disaster management systems, etc. for the evaluation of disaster management systems, etc. under Article 33-2 of the Act, and notify the heads of disaster management agencies thereof. <Amended on Mar. 23, 2013; Feb. 5, 2014; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Evaluation of disaster management systems, etc. shall be based upon the means of writing or of the on-site investigation. <Amended on Feb. 5, 2014> |
| (4) | Where the Minister of the Interior and Safety deems necessary for evaluation of disaster management systems, etc., he or she may request the heads of relevant central administrative agencies and the heads of competent disaster management agencies, respectively, to establish disaster and safety management systems, to enact safety management regulations, and to submit data on the consolidation and replenishment thereof. <Amended on Mar. 23, 2013; Feb. 5, 2014; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Dec. 7, 2010]
[Title Amended on Feb. 5, 2014]
[Moved from Article 37; previous Article 42 deleted]
| Article 42-2 (Methods and Timing of Official Announcement of Status of Disaster Management) |
| (1) | "Important matters prescribed by Presidential Decree for disaster management" in Article 33-3 (1) 5 of the Act means the following: <Amended on Feb. 5, 2014; Jun. 10, 2021> |
| 2. | Other matters deemed necessary by the head of a Si/Gun/Gu to inform to the regional residents for disaster management. |
| (2) | The head of a Si/Gun/Gu shall publish the status of disaster management under Article 33-3 (1) of the Act on the website of the relevant local government or in its public gazette by no later than March 31 each year. <Amended on Feb. 5, 2014; Jun. 10, 2021> |
| 1. | The period when evaluation has been conducted and the institutions that have undergone the evaluation; |
| 2. | Institutions selected as exemplary institutions as results of the evaluation. |
[This Article Newly Inserted on Aug. 23, 2012]
[Moved from Article 37-2; previous Article 42-2 is deleted]
| Article 42-3 Deleted. <Feb. 5, 2014> |
[Previous Article 42-4 moved to Article 43-4 <Feb. 5, 2014>]
CHAPTER V PREPARATION FOR DISASTERS
| Article 43 (Saving and Management of Disaster Management Resources) |
| (1) | "Equipment, commodities, materials, and facilities prescribed by Presidential Decree" in Article 34 (1) of the Act means the following equipment, commodities, materials, or facilities (hereinafter referred to as "disaster management resources"): <Amended on Nov. 19, 2014; Jul. 26, 2017; Jun. 2, 2020; Jan. 5, 2021> |
| 1. | Flood control materials, such as the sort of burlap bags and bundle lines; |
| 2. | Construction materials, such as cement, steel bars, drain pipes, and structural steel; |
| 3. | Equipment and materials for electricity, communication, and water supply; |
| 4. | Transport equipment and fuel for transport of materials and human resources; |
| 5. | Construction equipment, such as bulldozers and excavators; |
| 6. | Equipment for restoration of flooded areas, such as water pumps; |
| 7. | Small devices necessary for disaster emergency countermeasures, such as flashlights, batteries, and small generators; |
| 8. | Facilities for the treatment or quarantine of patients with infectious diseases and the like; |
| 9. | Facilities for relief of victims of disaster, etc.; |
| 10. | Other equipment, commodities, materials, and facilities publicly notified by the Minister of the Interior and Safety as deemed necessary for the disaster emergency countermeasures and disaster restoration. |
| (2) | The head of a disaster management agency shall formulate a plan for saving and managing disaster management resources for the following year and submit it to the Minister of the Interior and Safety by not later than October 31 each year. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (3) | The Minister of the Interior and Safety may prepare guidelines to assist formulating a plan for saving and managing disaster management resources for the following year and forward it to the heads of disaster management agencies by not later than May 31 each year. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (4) | "Information prescribed by Presidential Decree" in Article 34 (3) 2 of the Act means the following information: <Newly Inserted on Jun. 2, 2020> |
[This Article Newly Inserted on Feb. 5, 2014]
[Previous Article 43 moved to Article 37 <Feb. 5, 2014>]
| Article 43-2 (Utilization of System for Joint Use of Disaster Management Resources) |
| (1) | The head of a disaster management agency shall enter and manage the current status of disaster management resources possessed by the relevant agency in the system for joint use of disaster management resources under Article 34 (4) of the Act (hereinafter referred to as "resource management system"). <Amended on Jun. 30, 2015; Jun. 2, 2020> |
| (2) | The Minister of the Interior and Safety may cause the head of a disaster management agency to link the system for management of status of disaster management resources possessed autonomously by the disaster management agency with the resource management system. <Newly Inserted on Jun. 30, 2015; Jul. 26, 2017> |
| (3) | Where deemed necessary for achieving the following purposes, the Minister of the Interior and Safety or the head of a disaster management agency may request cooperation from the heads of relevant institutions or organizations to provide necessary information, etc. In such cases, the head of an institution or organization in receipt of the request for cooperation shall comply therewith unless there is a compelling reason not to do so: <Newly Inserted on Jun. 30, 2015; Jul. 26, 2017; Jun. 2, 2020> |
| 1. | Stockpiling and management of disaster management resources; |
| 2. | Establishment and operation of a resource management system. |
[This Article Wholly Amended on Feb. 5, 2014]
[Title Amended on Jun. 30, 2015]
| Article 43-3 (Preparation of Means for Emergency Communication at Disaster Scenes) |
| (1) | The Minister of the Interior and Safety shall prepare guidelines for management of emergency communication means for utilizing emergency communication means efficiently referred to in Article 34-2 (1) of the Act and notify the heads of disaster management agencies, emergency rescue agencies, and emergency relief agencies thereof. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The heads of disaster management agencies shall frequently conduct inspections so that emergency communication means possessed by the relevant agency can be efficiently connected, in accordance with guidelines for management of emergency communication means referred to in paragraph (1). |
[This Article Newly Inserted on Feb. 5, 2014]
| Article 43-4 (Matters to Be Included in National Disaster Management Standards) |
"Matters prescribed by Presidential Decree" in Article 34-3 (1) 4 of the Act means the following: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> | 1. | Standards for issuing a forecast and warning on disasters; |
| 2. | Dissemination of disaster situations; |
| 3. | Establishing an effective command and control system in the occurrence of a disaster; |
| 4. | Plans for mutual cooperation between related agencies for effectively managing disasters; |
| 5. | Standards or methods for evaluating disaster management systems; |
| 6. | Other matters deemed necessary by the Minister of the Interior and Safety for effectively managing disasters. |
[This Article Newly Inserted on Dec. 7, 2010]
[Moved from Article 42-4 <Feb. 5, 2014>]
| Article 43-5 (Formulation and Utilization of Action Plans for Disaster Response by Function) |
| (1) | An action plan for disaster response by function referred to in Article 34-4 (1) of the Act (hereinafter referred to as "action plan for disaster response") shall include the following: |
| 1. | Function of managing disaster situation; |
| 2. | Function of supporting emergency livelihood stabilization; |
| 3. | Function of supporting emergency communications; |
| 4. | Function of emergency restoration of facilities damage; |
| 5. | Function of restoring damaged energy supply facilities; |
| 6. | Function of supporting disaster management resources; |
| 7. | Function of traffic countermeasures; |
| 8. | Function of supporting medical and disinfection services; |
| 9. | Function of environmental arrangement at disaster scenes; |
| 10. | Function of supporting and managing volunteer work; |
| 11. | Function of maintaining social order; |
| 12. | Function of searching, rescuing, and emergency support at disaster areas; |
| 13. | Function of publicity of disaster management. |
| (2) | The head of a disaster management agency shall formulate and utilize an action plan for disaster response by function in accordance with guidelines for formulating action plans for disaster response referred to in Article 34-4 (2) of the Act. |
[This Article Newly Inserted on Feb. 5, 2014]
| Article 43-6 (Organization and Operation of Committee for Risk Management Manuals) |
| (1) | The Committee for Risk Management Manuals referred to in Article 34-5 (5) of the Act (hereafter in this Article, referred to as the "Committee") shall be comprised of not more than 200 persons, including one Chairperson. <Amended on Jun. 30, 2015; Jan. 18, 2018> |
| (2) | The Committee shall deliberate on the following: <Amended on Nov. 19, 2014; Jul. 26, 2017; Jan. 18, 2018> |
| 1. | Matters relating to the examination of standard risk management manuals and working-level manuals for risk response; |
| 2. | Matters relating to the method of preparation, operation standards, etc. of risk management manuals; |
| 3. | Matters relating to the improvement of risk management manuals; |
| 4. | Other matters deemed necessary by the Minister of the Interior and Safety for the standardization and improvement of effectiveness of risk management manuals. |
| (3) | Members of the Committee shall be appointed or commissioned by the Minister of the Interior and Safety, from among the following: <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Public officials of at least director level, each of whom belongs to a department in charge of the affairs related to disaster and safety management in a disaster management supervision agency; |
| 2. | Public officials or staff personnel in charge of the affairs related to risk management manuals in a disaster management agency; |
| 3. | Persons with extensive knowledge of and experience in disaster and safety management or risk management manuals. |
| (4) | The Chairperson of the Committee shall be designated by the Minister of the Interior and Safety, from among its members. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (5) | The term of office of the commissioned members shall be two years, and that of a commissioned member newly commissioned due to resignation, etc. of another member shall be the remainder of his or her predecessor's term of office. |
| (6) | Members who have attended meetings of the Committee may be paid allowances and reimbursed with travel expenses, etc., within the budget: Provided, That this shall not apply where a public official attends the meetings in connection with any of his or her competent duties. |
| (7) | Except as provided in paragraphs (1) through (6), matters necessary for operating the Committee shall be determined by the Minister of the Interior and Safety. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
[This Article Newly Inserted on Feb. 5, 2014]
| Article 43-7 (Preparation and Operation of Risk Management Manuals) |
| (1) | To establish and operate a management system under Article 34-5 (8) of the Act (hereinafter referred to as "management system"), the Minister of the Interior and Safety may request the heads of disaster management agencies to submit related data or to manage risk management manuals through the management system. <Amended on Nov. 19, 2014; Jun. 30, 2015; Jul. 26, 2017> |
| (2) | In researching and developing standardized manuals necessary for risk management under Article 34-5 (9) of the Act, the Minister of the Interior and Safety shall take the following matters into consideration: <Amended on Nov. 19, 2014; Jun. 30, 2015; Jul. 26, 2017> |
| 1. | Standardization of guidelines for people for each type of disaster; |
| 2. | Research and standardization of measures to be taken for each phase of prevention of, preparation for, countermeasure against, and recovery from, each type of disaster; |
| 3. | Research and standardization of procedures for countermeasures and mutual cooperation at the scene of disaster; |
| 4. | Other matters necessary for improving and supplementing the risk management manuals. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for preparing and operating risk management manuals shall be determined by the Minister of the Interior and Safety. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
[This Article Newly Inserted on Feb. 5, 2014]
| Article 43-8 (Persons subject to Preparation and Management of Manuals for Crisis Situations) |
"Owner, manager, or occupant of multi-use facilities, etc. prescribed by Presidential Decree" in the main clause of Article 34-6 (1) of the Act means a person related to any of the following buildings or facilities (hereinafter referred to as "multi-use facility, etc."): <Amended on Jul. 26, 2017> | 2. | Any other building or facility corresponding to a building referred to in subparagraph 1 and publicly notified by the Minister of the Interior and Safety as deemed necessary to prepare and manage the manuals for crisis situations in preparation for crisis situations referred to in the main clause of Article 34-6 (1) of the Act (hereinafter referred to as "manuals for crisis situations"). |
[This Article Newly Inserted on Dec. 30, 2015]
[Previous Article 43-8 moved to Article 43-10 <Dec. 30, 2015>]
| Article 43-9 (Methods of Preparation and Management of Manuals for Crisis Situations) |
| (1) | Manuals for crisis situations that should be prepared and managed by a person related to multi-use facilities, etc. under Article 34-6 (1) of the Act shall include the following: <Amended on Jul. 26, 2017> |
| 1. | The organizational system for coping with crisis situations; |
| 2. | Matters relating to the roles of each member of the system when any crisis situation occurs; |
| 3. | Matters relating to the coping methods by situation and stage of a crisis; |
| 4. | Matters relating to the emergency measures and damage restoration; |
| 5. | Other matters deemed necessary and publicly notified by the Minister of the Interior and Safety for efficiently overcoming crisis situations. |
| (2) | A related person who prepares and manages manuals for crisis situations shall conduct training in accordance with the manuals for crisis situations at least once a year under Article 34-6 (2) of the Act. |
| (3) | A related person who prepares and manages manuals for crisis situations shall continuously supplement and improve them by reflecting the result of the training conducted under paragraph (2) so that they can be operated without any problem in actual crisis situations. |
| (4) | The Minister of the Interior and Safety may request the heads of the relevant central administrative agencies or the heads of local governments to prepare and distribute standard forms of manuals for crisis situations to be prepared for crisis situations in the fields under their jurisdiction. <Amended on Jul. 26, 2017> |
| (5) | Except as provided in paragraphs (1) through (4), necessary matters relating to the methods, standards, etc. for preparing manuals for crisis situations shall be determined and publicly notified by the Minister of the Interior and Safety. <Amended on Jul. 26, 2017> |
[This Article Newly Inserted on Dec. 30, 2015]
[Previous Article 43-9 moved to Article 43-11 <Dec. 30, 2015>]
| Article 43-10 (Method of Registration of Safety Standards) |
| (1) | To establish a system for consolidated management under Article 34-7 (1) of the Act, the Minister of the Interior and Safety may examine safety standards subject to registration under Article 34-7 (2) of the Act and notify the heads of related central administrative agencies thereof, and the heads of the related central administrative agencies shall take necessary measures, such as registration of safety standards. <Amended on Nov. 19, 2014; Jun. 30, 2015; Jul. 26, 2017> |
| (2) | Where safety standards are finalized after deliberation by the Safety Standards Deliberative Committee under Article 34-7 (3) of the Act, the Minister of the Interior and Safety shall publicly notify them in the Official Gazette. <Amended on Nov. 19, 2014; Jun. 30, 2015; Jul. 26, 2017> |
| (3) | Except as provided in paragraphs (1) and (2), necessary matters relating to the registration and public notice of safety standards shall be determined by the Minister of the Interior and Safety. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
[This Article Newly Inserted on Feb. 5, 2014]
[Moved from Article 43-8; previous Article 43-10 moved to Article 43-12 <Dec. 30, 2015>]
| Article 43-11 (Organization and Operation of Safety Standards Deliberative Committee) |
| (1) | The Safety Standards Deliberative Committee referred to in Article 34-7 (3) of the Act (hereafter in this Article referred to as "Committee") shall be comprised of not more than 20 persons, including the chairperson. <Amended on Jun. 30, 2015> |
| (2) | The Committee shall deliberate on and resolve the following: |
| 1. | Matters relating to the registration of safety standards; |
| 2. | Matters relating to the enactment, revision, and supplementation of safety standards; |
| 3. | Other matters that the Chairperson refers to the meeting. |
| (3) | The Director General of the National Disaster and Safety Status Control Center under the Ministry of the Interior and Safety shall become the Chairperson of the Committee. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (4) | Members of the Committee shall be appointed or commissioned by the Minister of the Interior and Safety, in consideration of gender, from among the following: <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Members in general service of the Senior Executive Service of related central administrative agencies or public officials corresponding thereto; |
| 2. | Persons with extensive knowledge of and experience in safety standards. |
| (5) | The term of office of the commissioned members shall be two years, and may be renewed only twice. <Amended on Jan. 6, 2017> |
| (6) | The term of office of a member newly commissioned due to resignation, etc. of another member shall be the remainder of his or her predecessor's term of office. <Newly Inserted on Jan. 6, 2017> |
| (7) | Where a member of the Committee falls under any of the following cases, the Minister of the Interior and Safety may remove or dismiss such member from office: <Newly Inserted on Jan. 6, 2017; Jul. 26, 2017> |
| 1. | If the council member is unable to continue to perform his or her duties due to a mental or physical disorder; |
| 2. | If the council member is found to have committed irregularities in connection with his or her duties; |
| 3. | If the council member is found incompetent for the office due to dereliction of a duty or indecent conduct, or on other ground; |
| 4. | Where he or she directly expresses that he or she cannot perform his or her duties. |
| (8) | A majority of the members of the Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of at least a majority of those present. <Amended on Jan. 6, 2017> |
| (9) | The Committee shall have one executive secretary to deal with the administrative affairs of the Committee, and the executive secretary shall be designated by the Chairperson, from among public officials of the Ministry of the Interior and Safety. <Amended on Nov. 19, 2014; Jan. 6, 2017; Jul. 26, 2017> |
| (10) | To secure expertise in deliberation, the Committee may have a safety standards subcommittee, where deemed necessary. <Amended on Jan. 6, 2017> |
| (11) | Members who have attended meetings of the Committee may be paid allowances and reimbursed with travel expenses, etc., within the budget: Provided, That this shall not apply where a public official attends the meetings in connection with any of his or her competent duties. <Amended on Jan. 6, 2017> |
| (12) | Except as provided in paragraphs (1) through (11), matters necessary for operating the Committee and composing, operating, etc. the safety standards subcommittee shall be determined by the Minister of the Interior and Safety. <Amended on Nov. 19, 2014; Jan. 6, 2017; Jul. 26, 2017> |
[This Article Newly Inserted on Feb. 5, 2014]
[Moved from Article 43-9; previous Article 43-11 moved to Article 43-13 <Dec. 30, 2015>]
| Article 43-12 Deleted. <Jun. 27, 2023> |
| Article 43-13 (Formulation of Master Plans for Disaster Preparedness Drills) |
In formulating a master plan for disaster preparedness drills pursuant to Article 34-9 (1) of the Act, the Minister of the Interior and Safety shall include the following matters therein: <Amended on Jul. 26, 2017> | 1. | The goals of the disaster preparedness drills; |
| 2. | The criteria for selecting the type of the disaster preparedness drills and programs for the drills; |
| 3. | Matters relating to the planning, designing, and implementation of the disaster preparedness drills; |
| 4. | Matters relating to the evaluation of the disaster preparedness drills and the implementation, etc. of education or re-drills depending on the result of the evaluation; |
| 5. | Other matters deemed necessary and determined by the Minister of the Interior and Safety to implement disaster preparedness drills. |
[This Article Newly Inserted on Jan. 6, 2017]
[Previous Article 43-13 moved to Article 43-15 <Jan. 6, 2017>]
| Article 43-14 (Disaster Preparedness Drills) |
| (1) | The Minister of the Interior and Safety, the head of a central administrative agency, a Mayor/Do Governor, the head of a Si/Gun/Gu, and the head of an emergency rescue agency (hereinafter referred to as "head of a drill supervision agency") shall conduct at least once a year a disaster preparedness drill to be participated in jointly with related agencies pursuant to Article 35 (1) of the Act, by sponsoring their competent fields, respectively. <Amended on Mar. 23, 2013; Feb. 5, 2014; Nov. 19, 2014; Jun. 30, 2015; Jan. 6, 2017; Jul. 26, 2017> |
| (2) | Agencies that participate in disaster preparedness drills under paragraph (1) may conduct their own drills occasionally. |
| (3) | Where the head of a drill supervision agency conducts a disaster preparedness drill pursuant to Article 35 (1) of the Act, he or she shall notify the heads of related agencies, such as disaster management agencies, emergency rescue and relief support agencies, and military units (hereinafter referred to as "agencies participating in a drill") of the date, time, places, details, and methods of the drill, human resources and equipment participating in such drill, and other necessary matters relating to such drill, by no later than 15 days prior to the date of such drill. <Amended on Mar. 23, 2013; Feb. 5, 2014; Jan. 6, 2017> |
| (4) | Deleted. <Jan. 6, 2017> |
| (5) | The head of a drill supervision agency shall provide participants in a disaster preparedness drill under paragraph (1) with preliminary training before conducting the disaster preparedness drill in order to cultivate the capability required to perform the disaster preparedness drill: Provided, That where a person has undergone a disaster preparedness drill of the relevant field pursuant to any other statute or regulation, he or she shall be deemed undergone a drill referred to in this Decree. <Amended on Mar. 23, 2013; Feb. 5, 2014> |
| (6) | The head of an agency participating in a drill shall submit the findings of the disaster preparedness drill to the head of the drill supervision agency within 10 days after the implementation of the disaster preparedness drill pursuant to Article 35 (3) of the Act. <Amended on Feb. 5, 2014; Jan. 6, 2017> |
| (7) | Expenses incurred in participating in a disaster preparedness drill referred to in paragraph (1) shall be borne by agencies participating therein: Provided, That with regard to civil emergency rescue and relief support agencies, such expenses may be borne by the head of the drill supervision agency. <Amended on Feb. 5, 2014> |
| (8) | Except as provided in paragraphs (1) through (7), necessary matters relating to disaster preparedness drills and support therefor shall be determined by the Minister of the Interior and Safety. <Newly Inserted on Feb. 5, 2014; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Dec. 7, 2010]
[Moved from Article 43-12 <Jan. 6, 2017>]
| Article 43-15 (Evaluation of Disaster Preparedness Drills) |
| (1) | The head of a drill supervision agency shall conduct evaluation of a disaster preparedness drill under Article 35 (4) of the Act (hereinafter referred to as "evaluation of a drill") by selecting items for evaluation compatible with the characteristics of the drill, among the following items for evaluation: <Amended on Aug. 23, 2012; Feb. 5, 2014; Nov. 19, 2014; Jan. 6, 2017; Jul. 26, 2017> |
| 1. | Participation level of experts by field, and the achievement level of the objectives of the drill; |
| 2. | Status of mobilization, such as the type, function, and quantity of equipment; |
| 3. | Status of establishing cooperative systems with related agencies; |
| 4. | Capability to perform the duties under plans for emergency rescue countermeasures and plans for detailed countermeasures; |
| 5. | Direction and communications systems between emergency rescue agencies and emergency rescue and relief support agencies; |
| 6. | Level of specialty of emergency rescue personnel in performing their duties; |
| 7. | Other necessary matters relating to evaluation determined by the Minister of the Interior and Safety. |
| (2) | The head of a drill supervision agency shall notify the heads of disaster management agencies and the heads of emergency rescue and relief support agencies of the result of evaluation of a drill within 30 days from the date of finishing the drill, and the heads of disaster management agencies and the heads of emergency rescue and relief support agencies so notified shall take measures necessary for disaster management, such as reflecting the evaluation result in formulating plans for, and the implementation of, drills that follow thereafter. <Amended on Feb. 5, 2014; Jan. 6, 2017> |
| (3) | With respect to the agencies whose result of evaluation conducted under paragraph (1) is outstanding, the Minister of the Interior and Safety may award a prize or take other necessary measures. <Amended on Feb. 5, 2014; Nov. 19, 2014; Jul. 26, 2017> |
| (4) | Where necessary for systematically and efficiently evaluating a drill, the Minister of the Interior and Safety may organize and operate an evaluation group comprised of civilian experts. <Newly Inserted on Jan. 6, 2017; Jul. 26, 2017> |
| (5) | Except as provided for in paragraphs (1) through (4), matters necessary for evaluating disaster preparedness drills shall be determined and publicly notified by the Minister of the Interior and Safety. <Newly Inserted on Feb. 5, 2014; Nov. 19, 2014; Jan. 6, 2017; Jul. 26, 2017> |
[This Article Wholly Amended on Dec. 7, 2010]
[Moved from Article 43-13 <Jan. 6, 2017>]
CHAPTER VI DISASTER RESPONSE
SECTION 1 Emergency Measures
| Article 44 (Disasters subject to Declaration of Disaster States) |
[This Article Wholly Amended on Dec. 7, 2010]
| Article 45 (Request for Dispatching Public Officials for Emergency Measures) |
The heads of City/Do emergency rescue control groups and Si/Gun/Gu emergency rescue control groups under Article 50 of the Act (hereinafter referred to as "heads of local control groups") may request the heads of other control groups or the head of a Si/Gun/Gu to dispatch public officials under their command for emergency measures referred to in Article 37 (1) of the Act, by clarifying the following matters: | 1. | Grounds for requesting the dispatch; |
| 2. | Number and position-class of the persons subject to dispatch; |
| 3. | Period of the dispatch; |
| 4. | Other matters necessary for the dispatch. |
[This Article Wholly Amended on Dec. 7, 2010]
| Article 46 (Disasters subject to Issuance of Crisis Alerts) |
"Disaster prescribed by Presidential Decree" in the main clause of Article 38 (1) of the Act means any of the following disasters: | 1. | A natural disaster or social accident; |
| 2. | Any other disaster against which the issuance of a crisis alert is deemed necessary by the head of a disaster management supervision agency, as it is predicted to cause significant damage to human lives or property and the influence of which will be widespread. |
[This Article Wholly Amended on Jan. 6, 2017]
| Article 46-2 (Key Telecommunications Business Entities) |
| (1) | "Key telecommunications business entities prescribed by Presidential Decree" in Article 38-2 (3) 2 of the Act means persons who render the following telecommunications services: <Amended on Aug. 23, 2012; Feb. 5, 2014; Jan. 6, 2017> |
| 1. | Local telephone services; |
| 2. | Long-distance telephone services; |
| 3. | International telephone services; |
| 4. | High-speed Internet services; |
| 5. | Mobile telephone services, or trunked radio system services for at least 100,000 subscribers, among services rendered with allocated frequencies; |
| 6. | Value-added telecommunications services defined in subparagraph 12 of Article 2 of the Telecommunications Business Act (limited to value-added telecommunications services, the average number of users of which by types of information and communications services per day exceeds 100,000). |
| (2) | "Key newspaper enterprisers and online newspaper enterprisers prescribed by Presidential Decree" in Article 38-2 (3) 4 of the Act means any of the following: <Newly Inserted on Aug. 23, 2012; Feb. 5, 2014; Jan. 6, 2017> |
| 2. | Online newspaper enterprisers falling under subparagraph 1; |
| (3) | Detailed matters relating to standards for requesting key telecommunications business operators falling under paragraph (1) 5 for disaster broadcasting via text messages, and their operation, etc. shall be determined by Ordinance of the Ministry of the Interior and Safety. <Amended on Aug. 23, 2012; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Dec. 7, 2010]
[Title Amended on Aug. 23, 2012]
| Article 47 (Matters to Be Requested for Broadcasting) |
Where the heads of the Central Countermeasure Headquarters and local countermeasure headquarters request the broadcasting business entities referred to in subparagraph 3 of Article 2 of the Broadcasting Act to broadcast, pursuant to Article 38-2 (3) 3 of the Act, they shall clarify the following matters: <Amended on Feb. 5, 2014; Jan. 6, 2017> | 2. | Forecast or warning of disasters, and disaster situations; |
| 3. | Matters to be conducted for mitigating damage; |
| 4. | Matters for cooperation by people or residents; |
| 5. | Guidelines for the general public by type of disaster; |
| 6. | Other matters necessary for preventing or mitigating damage. |
[This Article Wholly Amended on Dec. 7, 2010]
| Article 47-2 (Matters relating to Formulation of Comprehensive Plans for Creating Disaster Forecast and Alert System) |
| (1) | When a Mayor/Do Governor or the head of a Si/Gun/Gu formulates a comprehensive plan for creating a Si/Gun/Gu disaster forecast and alert system pursuant to Article 38-2 (6) of the Act (hereinafter referred to as "Si/Gun/Gu comprehensive plan") or a City/Do comprehensive plan for creating a City/Do disaster forecast and alert system pursuant to Article 38-2 (7) of the Act (hereinafter referred to as "City/Do comprehensive plan"), he or she shall examine the following matters intensively and reflect them in the relevant plan: <Amended on Jan. 6, 2017> |
| 1. | The feasibility of the relevant comprehensive plan; |
| 2. | Measures to secure financial resources; |
| 3. | Whether the relevant comprehensive plan overlaps with or is linked to other projects, including civil defense facilities; |
| 4. | The assessment and analysis of benefits, etc. caused by the project; |
| 5. | The outcomes from gathering consensus from community residents; |
| 6. | Activities performed to prevent disaster according to the evacuation plan, etc.; |
| 7. | Whether any change in conditions is reflected in the relevant comprehensive plan. |
| (2) | The Minister of the Interior and Safety may determine guidelines or standards for formulating a City/Do comprehensive plan or Si/Gun/Gu comprehensive plan and notify Mayors/Do Governors or the heads of Sis/Guns/Gus thereof. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Dec. 7, 2010]
| Article 47-3 (Matters relating to Formulation of Project Implementation Plans for Creating Disaster Forecast and Alert System) |
| (1) | A project implementation plan for creating a disaster forecast and alert system based on a City/Do comprehensive plan (hereinafter referred to as "City/Do project implementation plan") and a project implementation plan for creating a disaster forecast and alert system based on a Si/Gun/Gu comprehensive plan (hereinafter referred to as "Si/Gun/Gu project implementation plan") under Article 38-2 (9) of the Act shall include the following: <Amended on Jan. 6, 2017> |
| 1. | The necessity of the project; |
| 2. | The effects of the project; |
| 3. | The period during the project is implemented; |
| 4. | The plan to raise funds needed to implement the project; |
| 5. | The current financial situation of local governments having jurisdiction over areas subject to the creation of a disaster forecast and alert system. |
| (2) | When a Mayor/Do Governor or the head of a Si/Gun/Gu formulates a City/Do project implementation plan or a Si/Gun/Gu project implementation plan pursuant to paragraph (1), he or she shall examine the following matters intensively and reflect them in the relevant plan: <Amended on Jan. 6, 2017> |
| 1. | Compatibility with a comprehensive plan for creating a disaster forecast and alert system; |
| 2. | The feasibility of the project; |
| 3. | Measures to secure project funds; |
| 4. | Whether the project overlaps with or is linked to any other project; |
| 5. | The analysis of the effects of project; |
| 6. | The outcomes from gathering consensus from community residents. |
| (3) | The Minister of the Interior and Safety may determine guidelines and standards for formulating a project implementation plan for creating the disaster forecast and alert system, and then notify Mayors/Do Governors and the heads of Sis/Guns/Gus thereof. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Dec. 7, 2010]
| Article 48 (Request for Mobilization) |
When the head of the Central Countermeasure Headquarters and the head of a Si/Gun/Gu (where any Si/Gun/Gu countermeasure headquarters is operated, referring the relevant head thereof; hereafter the same shall apply in Articles 50, 51, 51-2, and 52) request a mobilization of human resources, equipment, commodities, etc. pursuant to Article 39 (1) of the Act, they shall request the head of a related agency to make a mobilization by clarifying the timing, areas, those subject to mobilization, grounds for the mobilization, code of conduct during the mobilization, etc. as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Feb. 5, 2014; Nov. 19, 2014; Jul. 26, 2017> [This Article Wholly Amended on Dec. 7, 2010]
| Article 49 (Evacuation Orders) |
| Article 50 (Request for Support at Time of Compulsory Evacuation or Compulsory Eviction) |
Where the head of a Si/Gun/Gu or the head of a local control group intends to request any support pursuant to Article 42 (2) of the Act, he or she may do so by a written document wherein the details of and reasons for the request are stated: Provided, That it can be done verbally in cases of an emergency. [This Article Wholly Amended on Aug. 23, 2012]
| Article 51 (Procedures for Restriction on Passages) |
| (1) | When the head of a Si/Gun/Gu and the head of a local control group request the head of a police office to prohibit or restrict the passage of vehicles pursuant to Article 43 (1) of the Act, they shall clarify the areas and period subject to such prohibition or restriction. |
| (2) | The head of a police office in receipt of a request under paragraph (1) shall notify the competent head of a Si/Gun/Gu and the head of a local control group of the results of measures taken to prohibit or restrict the passage of vehicles. |
[This Article Wholly Amended on Dec. 7, 2010]
| Article 51-2 (Request for Support and Coordination for Disaster Management Resources) |
| (1) | Where any support for human resources, equipment, material, etc. is requested under Article 44 (1) of the Act for disaster management, such request shall be made in writing: Provided, That in any inevitable cases due to the necessity of immediate emergency measures, it may be made verbally and notified in writing thereafter. |
| (2) | Where any support is requested by electronic means through a resource management system, such request shall be deemed made in writing under paragraph (1). <Amended on Jun. 2, 2020> |
| (3) | The head or a person of an agency in receipt of a request for support under paragraph (1) or (2) shall give notification without delay on whether he or she consents thereto. |
| (4) | The Minister of the Interior and Safety or a Mayor/Do Governor may, for the efficient support, request any support directly from the head of the relevant disaster management agency. In such cases, the head of the disaster management agency in receipt of such request for support shall cooperate therewith unless there is a compelling reason not to do so. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (5) | Except as provided in paragraphs (1) through (4), matters relating to the request for support and the notification, etc. of consent to the request for support shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
[This Article Newly Inserted on Feb. 5, 2014]
| Article 52 (Procedures for Emergency Imposition) |
| (1) | When the head of a Si/Gun/Gu and the head of a local control group issue an order to engage in emergency measures pursuant to Article 45 of the Act, they shall deliver a written order to engage in emergency measures to persons subject thereto, as prescribed by Ordinance of the Ministry of the Interior and Safety: Provided, That in cases of emergency, they shall make an oral order to engage in emergency measures, and thereafter issue a certificate of engaging in emergency measures to persons who have complied with the order to engage in emergency measures, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | When the head of a Si/Gun/Gu and the head of a local control group make a provisional use of other persons' land, buildings, structures, or other possessions, or alter or remove obstacles, pursuant to Article 45 of the Act, they shall issue a written order of emergency imposition that clarifies the purpose, period, objects, and details of emergency imposition to the relevant interested parties, as prescribed by Ordinance of the Ministry of the Interior and Safety: Provided, That in cases of emergency, they shall make an oral order of emergency imposition, and thereafter issue a certificate of emergency imposition to interested persons, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | When persons subject to the issuance of a written order of emergency imposition in the main clause of paragraph (2) are unknown or their whereabouts are unknown, a written order shall be posted for at least 15 days on a bulletin board of the relevant Si/Gun/Gu. |
| (4) | When no person is subject to an oral order of emergency imposition under the proviso of paragraph (2) or their whereabouts are unknown, the head of a Si/Gun/Gu and the head of a local control group shall first take measures for emergency imposition, and thereafter post the relevant fact for at least 15 days on a bulletin board of the relevant Si/Gun/Gu. |
[This Article Wholly Amended on Dec. 7, 2010]
| Article 53 (Cases Where Mayor/Do Governor May Take Emergency Measures) |
"Cases prescribed by Presidential Decree" in Article 46 (1) 1 of the Act means cases deemed by a Mayor/Do Governor in which emergency measures are required, since he or she presumes that the level of harm to human lives and property is remarkably heavy and their impacts are far-reaching or are expected to be far-reaching. <Amended on Aug. 4, 2010>
SECTION 2 Emergency Rescue
| Article 54 (Functions of Central Control Group) |
The central control group shall perform the following functions pursuant to Article 49 (4) of the Act: <Amended on Aug. 4, 2010; Aug. 27, 2019> | 1. | Overall control and coordination of national emergency rescue countermeasures; |
| 2. | Command and control of emergency rescue activities (including mobilization of human resources and equipment necessary for emergency rescue activities from emergency rescue agencies; |
| 3. | Formulation of plans for on-site activities for emergency rescue, such as assigning roles among emergency rescue and relief support agencies; |
| 4. | Execution of plans for emergency rescue countermeasures; |
| 5. | Other matters deemed to be important by the head of the central control group (hereinafter referred to as "head of the central control group"). |
| Article 55 (Composition and Operation of Central Control Group) |
| (1) | The head of a central control group shall represent such central control group and exercise overall control over its affairs. |
| (2) | A vice head shall be assigned to the central control group and he or she shall assist the head of the central control group; when the head is unable to perform any of his or her duties due to extenuating circumstances, the vice head shall act on his or her behalf. |
| (3) | The Vice Commissioner of the National Fire Agency shall be the vice head referred to in paragraph (2), and the overall command department, the countermeasure plans department, the resources support department, the emergency restoration department, and the field supervision unit shall be established under the central control group. <Amended on Nov. 19, 2014; Jun. 30, 2015; Jul. 26, 2017> |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for composing and operating a central control group shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Dec. 7, 2010]
| Article 56 Deleted. <Aug. 4, 2010> |
| Article 57 (Functions of Local Emergency Rescue Control Group) |
Articles 54 and 55 shall apply mutatis mutandis to the functions, composition, and operation of City/Do emergency rescue control groups and Si/Gun/Gu emergency rescue control groups established under Article 50 of the Act (hereinafter referred to as "local control group"). [This Article Wholly Amended on Dec. 7, 2010]
| Article 58 (Support for Civil Emergency Rescue and Relief Support Agencies) |
| (1) | Expenses to be subsidized to a civil emergency rescue and relief support agency which has engaged in emergency rescue activities pursuant to Article 51 (3) of the Act shall be determined by the head of a local control group on the basis of human and physical factors necessary for emergency rescue activities, including the number of participants to emergency rescue, mobilized equipment, consumed commodities, etc. |
| (2) | A civil emergency rescue and relief support agency intending to obtain a subsidy of expenses pursuant to Article 51 (3) of the Act shall apply for payment of a subsidy with the head of a local control group, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | The head of a local control group in receipt of an application for payment of a subsidy pursuant to paragraph (2) shall confirm that support has been rendered to emergency rescue activities, and thereafter shall provide all or some of the subsidies within the budget. |
| (4) | The head of a local control group may render any of the following support to a civil emergency rescue and relief support agency taking part in emergency rescue activities: |
| 1. | Support for human resources and equipment necessary for emergency rescue activities; |
| 2. | Provision of places for education and training to elevate the expertise of emergency rescue activities; |
| 3. | Other support for events to improve emergency rescue capabilities, such as publicity efforts and seminars. |
[This Article Wholly Amended on Dec. 7, 2010]
| Article 59 (Field Supervision Systems for Emergency Rescue) |
| (1) | Field supervision referred to in Article 52 of the Act (including field supervision by an emergency rescue and relief support agency dispatching a liaison officer) shall be based on the standard field supervision systems prescribed by Ordinance of the Ministry of the Interior and Safety, when any of the following disasters has occurred: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Disasters extending over the jurisdictional areas of at least two local governments; |
| 2. | Disasters to be dealt with jointly by multiple emergency rescue agencies and emergency rescue and relief support agencies in a single jurisdictional area of a local government. |
| (2) | Where emergency rescue activities are completed or where deemed necessary by the head of a local countermeasure headquarters, the head of a local countermeasure headquarters may perform the matters relating to field supervision by the head of a local control group pursuant to Article 52 (1) and (3) of the Act, based on the consultation between the head of a local control group and the head of a local countermeasure headquarters, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Feb. 5, 2014; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Except as provided in paragraphs (1) and (2), necessary matters relating to field supervision of emergency rescue activities shall be governed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Dec. 7, 2010]
[Title Amended on Feb. 5, 2014]
| Article 60 (Disasters for Which Head of Central Control Group May Conduct Field Supervision) |
[This Article Wholly Amended on Dec. 7, 2010]
| Article 61 (Liaison Officer to Be Dispatched to Field Supervisory Office) |
The liaison officer to be dispatched to a field supervisory office, pursuant to the latter part of Article 52 (9) of the Act, shall be a person in charge of practical affairs relating to disaster business, who is a public official or employee of an emergency rescue and relief support agency. <Amended on Jun. 30, 2015> [This Article Wholly Amended on Dec. 7, 2010]
| Article 61-2 (Designation and Operation of Rapid Response Cooperation Officers) |
| (1) | Where the head of an emergency rescue agency intends to cause the head of an emergency rescue and relief support agency to designate and operate a rapid response cooperation officer referred to in Article 52-2 of the Act (hereinafter referred to as "rapid response cooperation officer") as prescribed in the same Article, he or she shall make such request to the head of the emergency rescue and relief support agency in writing in advance. |
| (2) | The head of an emergency rescue and relief support agency in receipt of the request under paragraph (1) shall designate a person responsible for the affairs of a department related to the duties prescribed in the subparagraphs of Article 52-2 of the Act as a rapid response cooperation officer. |
| (3) | When the head of an emergency rescue and relief support agency designates, or alters or revokes the designation of, a rapid response cooperation officer, he or she shall notify the head of the relevant emergency rescue agency thereof within 30 days from the occurrence of such fact. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for designating and operating rapid response cooperation officers shall be determined and publicly notified by the Fire Commissioner of the National Fire Agency. <Amended on Jul. 26, 2017> |
[This Article Newly Inserted on Jan. 6, 2017]
| Article 62 (Evaluation on Emergency Rescue Activities) |
| (1) | Comprehensive evaluation on the activities of emergency rescue and relief support agencies pursuant to Article 53 (1) of the Act shall include the following: |
| 1. | Human resources and equipment deployed in emergency rescue activities; |
| 2. | Status of implementing written plans for emergency rescue countermeasures referred to in Article 63; |
| 3. | Expertise of emergency rescue personnel; |
| 4. | Propriety of communications for comprehensive on-site countermeasures; |
| 6. | Issues in emergency rescue countermeasures, and matters requiring improvement. |
| (2) | The head of an emergency rescue and relief support agency in receipt of a notice of results of the comprehensive evaluation referred to in paragraph (1) shall take pertinent measures, such as replenishment, in accordance with the results of evaluation. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for evaluating emergency rescue activities shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Dec. 7, 2010]
| Article 63 (Formulation of Plans for Emergency Rescue Countermeasures) |
| (1) | Plans for emergency rescue countermeasures to be formulated by the head of an emergency rescue and relief agency pursuant to Article 54 of the Act shall be classified into basic plans, plans for emergency rescue countermeasures by function, and plans for emergency rescue countermeasures by disaster type, and matters to be included in each plan shall be as follows: <Amended on Dec. 29, 2010> |
| (a) | Purpose and scope of application of plans for emergency rescue countermeasures; |
| (b) | Basic principles and procedures for plans for emergency rescue countermeasures; |
| (c) | Matters relating to operational responsibilities for plans for emergency rescue countermeasures; |
| 2. | Plans for emergency rescue countermeasures by function: |
| (a) | Command and control: Matters relating to emergency rescue systems and operation systems, etc. of central control agencies and local control groups; |
| (b) | Emergency warning: Matters relating to emergency evacuation, dissemination of situations, emergency liaison, etc.; |
| (c) | Public information: Matters relating to the provision of emergency public information, such as operation of emergency broadcasting systems to protect residents, and matters relating to information controls of disaster situations, etc.; |
| (d) | Analysis of damage situations: Matters relating to situations of disaster scenes, and collection, analysis and report on damage information; |
| (e) | Rescue and suppression: Matters relating to the search of human lives and rescue, fire suppression, etc.; |
| (f) | Emergency medical treatment: Matters relating to the provision of emergency medical treatment services when heavy casualties occur; |
| (g) | Emergency pollution control: Matters relating to public health at disaster scenes, such as control of pollution exposure and emergency prevention of infectious diseases; |
| (h) | On-site control: Matters relating to control of any access to disaster scenes and maintenance of public peace; |
| (i) | Emergency restoration: Matters relating to the restoration, etc. of roads for the access of emergency rescue vehicles for the smooth emergency rescue activities; |
| (j) | Emergency relief: Matters relating to the crisis counsel, provision of temporary food, clothing and shelter, etc. to the emergency rescue personnel and residents accommodated in emergency evacuations; |
| (k) | Disaster communications: Matters relating to the operation of information and communications systems between emergency rescue and relief agencies and emergency rescue and relief support agencies; |
| 3. | Plans for emergency rescue countermeasures by disaster type: |
| (a) | Situations of major emergency rescue countermeasure activities by each phase of a disaster; |
| (b) | Matters relating to the countermeasure manuals by type of major disasters; |
| (c) | Matters relating to the preparation, etc. of messages of emergency warning broadcastings. |
| (2) | Where deemed necessary for the formulation of plans for emergency rescue countermeasures, the head of an emergency rescue and relief agency may request the head of an emergency rescue and relief support agency to formulate detailed plans for emergency rescue countermeasures and to submit them. In such cases, the head of an emergency rescue and relief agency shall prepare guidelines for the formulation of detailed plans for emergency rescue countermeasures necessary for the formulation of detailed emergency rescue countermeasure plans, and distribute them. |
[This Article Wholly Amended on Dec. 7, 2010]
| Article 64 (Procedures for Formulating Plans for Emergency Rescue Countermeasures) |
| (1) | The Fire Commissioner of the National Fire Agency shall annually prepare guidelines for formulating City/Do plans for emergency rescue countermeasures pursuant to Article 54 of the Act, and instruct the heads of City/Do emergency rescue agencies thereon. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The heads of City/Do emergency rescue agencies shall formulate City/Do plans for emergency rescue countermeasures in accordance with the guidelines referred to in paragraph (1), and report thereon with the Fire Commissioner of the National Fire Agency, and prepare guidelines for formulating Si/Gun/Gu plans for emergency rescue countermeasures, and notify Si/Gun/Gu emergency rescue agencies thereof. <Amended on Nov. 19, 2014; Jan. 6, 2017; Jul. 26, 2017> |
| (3) | The heads of Si/Gun/Gu emergency rescue agencies shall formulate Si/Gun/Gu plans for emergency rescue countermeasures in accordance with the guidelines for formulating Si/Gun/Gu plans for emergency rescue countermeasures referred to in paragraph (2), and report thereon with the head of the relevant City/Do emergency rescue agency. |
| (4) | Paragraphs (1) through (3) shall apply mutatis mutandis where plans for emergency rescue countermeasures are amended. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for formulating and implementing plans for emergency rescue countermeasures shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Dec. 7, 2010]
| Article 64-2 (Integration and Linkage of Special Telephone Number Services Related to Emergency Rescue) |
| (1) | "Special telephone number services related to emergency rescue prescribed by Presidential Decree" in Article 54-2 (1) of the Act means the following special telephone number services (hereinafter referred to as "special telephone number services") granted in accordance with management plans for telecommunications number resources under Article 48 of the Telecommunications Business Act (hereinafter referred to as "management plans for telecommunications number resources"): |
| 1. | Special telephone number service for emergency rescue from fire, rescue, emergency, etc.: 119; |
| 2. | Special telephone number service for emergency rescue from a crime victim, etc.: 112; |
| 3. | Other special telephone number services granted by the Minister of Science and ICT in accordance with the management plans for telecommunications number resources in relation to emergency rescue and used by central administrative agencies, local governments, or public institutions referred to in paragraph (3). |
| (2) | The Minister of the Interior and Safety may examine and analyze the actual status of operation of special telephone number services pursuant to Article 54-2 (2) of the Act and request the Minister of Science and ICT to integrate or withdraw special numbers that are seldom used or unnecessary. |
| (3) | "Public institution prescribed by Presidential Decree" in the former part of Article 54-2 (3) of the Act means a public institution to which special numbers are assigned in accordance with the management plans for telecommunications number resources in relation to emergency rescue. |
| (4) | In order to establish and operate a system which integrates and links special telephone number services, the Minister of the Interior and Safety shall perform the following duties: |
| 1. | Establishment of a base for joint utilization of information related to rescue requests through special telephone number services and statistical management thereof; |
| 2. | Management of common resources such as a joint management and operation system and an integrated control system for the integration and linkage of special telephone number services; |
| 3. | Standardization of special telephone number service technology; |
| 4. | Utilization of the results of examinations and analyses of the actual status of operation of special telephone number services; |
| 5. | Other matters necessary for establishing and operating an integration and linkage system of special telephone number services. |
[This Article Newly Inserted on Jan. 18, 2018]
| Article 65 (Composition and Operation of Emergency Rescue Supervision Units) |
| (1) | Emergency rescue supervision units referred to in Article 55 (2) of the Act shall be comprised of the following: <Amended on Aug. 27, 2019> |
| 1. | Personnel for swift maneuver; |
| 2. | Personnel for resources support; |
| 3. | Personnel for communications direction; |
| 4. | Personnel in charge of safety; |
| 5. | Liaison officers dispatched from a police agency; |
| (2) | Emergency rescue supervision units referred to in Article 55 (2) of the Act shall be classified into fire department field supervision units, district field supervision units, field supervision units of fire marshal of fire defense headquarters, and regional field supervision units, and the criteria for establishing the classified emergency rescue supervision units shall be as follows: <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Fire department field supervision unit: Each fire department is to establish and operate one unit; |
| 2. | District field supervision unit: Fire marshal of fire defense headquarters is to establish and operate one unit for two through four fire departments; |
| 3. | Field supervision unit of fire marshal of fire defense headquarters: A field supervision unit is to be established and operated by each fire defense headquarters; |
| 4. | Regional field supervision unit: The Fire Commissioner of the National Fire Agency is to establish and operate one unit for two through four fire defense headquarters. |
| (3) | Except as provided in paragraphs (1) and (2), detailed criteria for operating emergency rescue supervision units shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Dec. 7, 2010]
| Article 66 (Training on Emergency Rescue) |
| (1) | Pursuant to Article 55 (3) of the Act, working level personnel and the manager of a department in charge of emergency rescue activities and disaster management activities at an emergency rescue and relief support agency shall receive training on emergency rescue classified as follows (hereinafter referred to as "emergency rescue training"): <Amended on Jan. 6, 2017> |
| 1. | Initial training: Emergency rescue training to be received within one year after being assigned with the relevant activities; |
| 2. | Regular training: Emergency rescue training to be received every two years after receiving initial training. |
| (2) | Except as provided in paragraph (1), detailed matters necessary for training persons that engage in disaster management activities shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Dec. 7, 2010]
[Title Amended on Jan. 6, 2017]
| Article 66-2 (Data Which Can Be Requested by Heads of Emergency Rescue Agencies) |
| 1. | Human resources providing emergency medical services in the relevant medical institution, such as the number of persons engaging in emergency medical services; |
| 2. | Equipment for emergency medical services of the relevant medical institution, such as ambulances and special medical equipment; |
| 3. | Capability of the relevant medical institution for accommodating emergency patients, such as sickbeds and operating rooms. |
[This Article Newly Inserted on Jan. 6, 2017]
[Previous Article 66-2 moved to Article 66-3 <Jan. 6, 2017>]
| Article 66-3 (Evaluation on Capabilities of Emergency Rescue and Relief Support Agencies) |
| (1) | Requirements necessary for emergency rescue capabilities that an emergency rescue and relief support agency needs to maintain pursuant to Article 55-2 (1) of the Act shall be as follows: <Amended on Jun. 30, 2015> |
| 1. | Any of the following experts: |
| (b) | A person who has engaged in affairs related to emergency rescue and relief for at least three years; |
| 2. | The following facilities or equipment necessary for emergency rescue activities: |
| (a) | Regular operating systems capable of receiving and handling the state of a disaster and a request for support for emergency rescue and relief from emergency rescue agencies; |
| (b) | Information communications systems or equipment with which people can liaise with emergency rescue agencies where a disaster is clearly likely to occur or actually has occurred; |
| (c) | Facilities and equipment necessary for the relevant fields of an emergency rescue and relief support agency to perform emergency rescue activities; |
| (d) | Equipment to transport experts specified in subparagraph 1 and facilities and equipment specified in items (b) and (c) to a disaster scene; |
| 3. | The following goods necessary for performing emergency rescue activities at a disaster scene in an uninterrupted manner: |
| (a) | Goods for securing the safety of experts specified in subparagraph 1, and for their rest, standby, etc.; |
| (b) | Goods necessary for operating, truing, repairing, and maintaining facilities and equipment specified in each item of subparagraph 2; |
| 4. | The following operating systems to manage experts, facilities, equipment, and goods specified in subparagraphs 1 through 3 in connection with emergency rescue agencies at a disaster scene: |
| (a) | Communication and coordination systems at a disaster scene; |
| (b) | Resources management systems capable of promptly checking the conditions of human resources, facilities, equipment, goods, etc. mobilized to a disaster scene and of efficiently distributing and managing them; |
| (c) | Field command systems to maintain a cooperation system with emergency rescue agencies. |
| (2) | The head of an emergency rescue agency may annually evaluate the capabilities of an emergency rescue and relief support agency on its capability requirements necessary for emergency rescue under paragraph (1), pursuant to the main clause of Article 55-2 (2) of the Act. |
| (3) | Where the head of an emergency rescue agency notifies the head of the relevant emergency rescue and relief support agency of the result of the evaluation on its capabilities pursuant to Article 55-2 (3) of the Act, he or she may also notify the relevant agency of matters necessary to supplement and bolster its emergency rescue capabilities. |
| (4) | Where the head of an emergency rescue and relief support agency is notified of matters to be bolstered or supplemented under paragraph (3), he or she shall maintain capabilities necessary for emergency rescue by bolstering and supplementing such capabilities. |
| (5) | Detailed matters on the capability requirements necessary for emergency rescue under paragraph (1) shall be determined by the Fire Commissioner of the National Fire Agency, in consideration of the characteristics, etc. of emergency rescue and relief support agencies. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
[This Article Newly Inserted on Dec. 7, 2010]
[Moved from Article 66-2; previous Article 66-3 moved to Article 66-4 <Jan. 6, 2017>]
| Article 66-4 (Procedures for Evaluating Capabilities of Emergency Rescue and Relief Support Agencies) |
| (1) | The Fire Commissioner of the National Fire Agency shall annually formulate evaluation guidelines necessary for an emergency rescue agency to evaluate the capabilities of emergency rescue and relief support agencies and notify the heads of other emergency rescue agencies thereof. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | Evaluation guidelines referred to in paragraph (1) shall contain the following matters: <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Emergency rescue and relief support agencies to be evaluated by emergency rescue agency; |
| 2. | Methods and standards for evaluating emergency rescue and relief support agencies; |
| 3. | Other matters deemed necessary by the Fire Commissioner of the National Fire Agency relating to evaluation of the capabilities of emergency rescue and relief support agencies. |
| (3) | The head of an emergency rescue agency shall formulate a plan for evaluating the capabilities of emergency rescue and relief support agencies pursuant to the evaluation guidelines referred to in paragraph (1), and pre-notify the heads of the emergency rescue and relief support agencies subject to evaluation thereof. |
[This Article Newly Inserted on Dec. 7, 2010]
[Moved from Article 66-3; previous Article 66-4 moved to Article 66-5 <Jan. 6, 2017>]
| Article 66-5 (Emergency Rescue and Relief Support Agencies Excluded from Evaluation and Excluded Period) |
| (1) | Each of the following emergency rescue and relief support agencies is excluded from the evaluation prescribed under Article 66-3 (2) in the following year only: <Amended on Nov. 19, 2014; Jan. 6, 2017; Jul. 26, 2017; Jan. 7, 2020> |
| 1. | An emergency rescue and relief support agency after undergoing a disaster preparedness drill under Article 35 of the Act exceeds the standards determined by the Fire Commissioner of the National Fire Agency; |
| 2. | An emergency rescue and relief support agency recognized to have the emergency rescue capabilities by the head of an emergency rescue agency by confirming its self-assessment system and the results of the self-assessment. |
| (2) | Each of the following emergency rescue and relief support agencies is excluded from the evaluation prescribed under Article 66-3 (2) in the following year and the year after the following year only: <Amended on Nov. 19, 2014; Jan. 6, 2017; Jul. 26, 2017> |
| 1. | An emergency rescue and relief support agency, the result of the comprehensive evaluation on whose emergency rescue activities under Article 53 of the Act is beyond the standards determined by the Fire Commissioner of the National Fire Agency; |
| 2. | An emergency rescue and relief support agency, the emergency rescue capabilities of which are verified by an emergency rescue agency when entering into an agreement for assistance in emergency rescue activities with the latter agency pursuant to subparagraph 6 of Article 4. |
[This Article Newly Inserted on Dec. 7, 2010]
[Moved from Article 66-4; previous Article 66-5 moved to Article 66-6 <Jan. 6, 2017>]
| Article 66-6 (Matters to Be Included in Aircraft Search and Rescue Plans) |
| (1) | An aircraft search and rescue plan referred to in the main clause of Article 57 (1) of the Act shall contain the following: <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Organizing and operating an aircraft search and rescue system; |
| 2. | Building a cooperation system with other agencies in relation to the search and rescue of aircraft; |
| 3. | Providing education and training necessary for the search and rescue of aircraft; |
| 4. | Securing, maintaining, and managing equipment and facilities necessary for the search and rescue of aircraft; |
| 5. | Other matters deemed necessary for the search of aircraft and lifesaving by the Fire Commissioner of the National Fire Agency. |
| (2) | Where the Fire Commissioner of the National Fire Agency intends to formulate an aircraft search and rescue plan pursuant to the main sentence of Article 57 (1) of the Act, he or she shall first seek opinions from the relevant administrative agencies. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
[This Article Newly Inserted on Dec. 7, 2010]
[Moved from Article 66-5 <Jan. 6, 2017>]
CHAPTER VII RESTORATION OF DISASTERS
SECTION 1 Investigation of Damage and Restoration Plans
| Article 67 (Organization and Operation of Central Joint Disaster Damage Investigation Group) |
| (1) | The head of the central joint disaster damage investigation group referred to in Article 58 (3) of the Act (hereinafter referred to as "disaster damage investigation group") shall be a public official who works for the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Feb. 5, 2014; Nov. 19, 2014; Jun. 30, 2015; Jul. 26, 2017> |
| (2) | The head of the disaster damage investigation group shall exercise overall control over the clerical work thereof on orders issued by the head of the Central Countermeasure Headquarters and direct and supervise employees who work therefor. <Amended on Feb. 5, 2014> |
| (3) | Where deemed necessary to conduct a professional survey according to the type and scale of any disaster-caused damage, the head of the Central Countermeasure Headquarters may organize and operate a professional investigation group. <Amended on Feb. 5, 2014> |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for organizing and operating disaster damage investigation groups shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Feb. 5, 2014; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Dec. 7, 2010]
[Title Amended on Feb. 5, 2014]
[Moved from Article 70-2 <Feb. 5, 2014>]
| Article 68 (Agency's Own Restoration Plan and Disaster Restoration Plans) |
| (1) | An agency's own restoration plan and a disaster restoration plan referred to in Article 59 of the Act shall include the details of restoration for each damaged facility and management agency, time schedule, expenses for restoration, etc. |
| (2) | "Special reason prescribed by Presidential Decree" in Article 59 (3) of the Act means any of the following cases for which the head of a disaster management headquarters under Article 15-2 (2) of the Act deems it necessary to formulate a disaster restoration plan of his or her own: |
| 1. | Where it is required to conduct emergency restoration from damage caused by a social accident occurred in an area declared as a special disaster area pursuant to Article 60 (2) of the Act among social disasters (hereinafter referred to as "damage in a special disaster area"); |
| 2. | Where damage in a special disaster area occurs spanning two or more Cities/Dos; |
| 3. | Where damage in a special disaster area occurs due to an aviation accident, marine accident, railroad accident, chemical accident, nuclear power plant accident, or any other similar accident, for which there is a considerable need for restoration at the State level. |
[This Article Wholly Amended on Jan. 18, 2018]
| Article 68-2 (Agencies Subject to Guidance on and Inspection of Projects Implemented in Accordance with Disaster Restoration Plans) |
| (1) | “Projects prescribed by Presidential Decree” in the former part of Article 59-2 (2) of the Act means disaster restoration projects for facilities managed by any of the following disaster management agencies among those implemented in accordance with the disaster restoration plan referred to in Article 59 (4) of the Act (hereafter in this Article referred to as "disaster restoration projects"): <Amended on Jul. 26, 2017; Jan. 18, 2018> |
| 1. | A central administrative agency or local government (including any administrative Si referred to in Article 10 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City); |
| 2. | A local administrative agency among the disaster management agencies specified in attached Table 1-2; |
| 3. | A disaster management agency, in cases of which the guidance on and inspection of the relevant disaster restoration project is deemed necessary by the Minister of the Interior and Safety, taking into account the scale, ripple effects, etc. of the disaster restoration project, among the disaster management agencies specified in attached Table 1-2 (excluding a local administrative agency under paragraph (2)). |
| (2) | Where the head of the Central Countermeasure Headquarters intends to conduct guidance and inspection on a disaster restoration project pursuant to the former part of Article 59-2 (2) of the Act (hereinafter referred to as "guidance and inspection"), he or she shall formulate a guidance and inspection plan including the following matters and notify it to the agencies subject to guidance and inspection by no later than five days before the guidance and inspection are conducted: |
| 1. | Purposes of the guidance and inspection; |
| 2. | Date and time and matters subject to the guidance and inspection; |
| 3. | Other matters deemed necessary by the head of the Central Countermeasure Headquarters for guidance and inspection. |
| (3) | Where necessary for efficiently implementing guidance and inspection, the head of the Central Countermeasure Headquarters may organize and operate a joint inspection group comprised of public officials belonging to related central administrative agencies and the Ministry of the Interior and Safety. <Amended on Jul. 26, 2017> |
| (4) | Except as provided in paragraphs (2) and (3), matters necessary for guidance and inspection shall be determined and publicly notified by the Minister of the Interior and Safety. <Amended on Jul. 26, 2017> |
[This Article Newly Inserted on Jan. 6, 2017]
[Title Amended on Jan. 18, 2018]
SECTION 2 Declaration of Special Disaster Area
| Article 69 (Scope and Declaration of Special Disasters) |
| (1) | "Disaster, the scale of which is prescribed by Presidential Decree" in Article 60 (1) of the Act means any of the following: <Amended on Apr. 10, 2012; May 31, 2013; Feb. 5, 2014; Nov. 1, 2016; May 8, 2018> |
| 1. | Natural disasters that have caused damage exceeding 2.5 times of the base amount of damage subject to subsidization from the National Treasury pursuant to Article 5 (1) of the Regulations on the Standards for Payment of Expenses for Natural Disaster Relief and Recovery; |
| 1-2. | Natural disasters that have caused damage to Eup/Myeon/Dong under the jurisdiction of Si/Gun/Gu entitled to subsidization from the National Treasury under Article 5 (1) of the Regulations on the Standards for Payment of Expenses for Natural Disaster Relief and Recovery, exceeding 1/4 of the base amount of damage subject to subsidization from the National Treasury pursuant to any subparagraph of the same paragraph; |
| 2. | Social disasters deemed to require support at State level because it is difficult to manage disaster with the administrative or financial capabilities of the relevant local government wherein the disasters have occurred; |
| 3. | Other disasters deemed to require special measures at State level for the effective control of serious damage, including a loss of the basis of livelihood, and restoration therefrom, due to the occurrence of a disaster. |
| (2) | Where the President declares a special disaster area pursuant to Article 60 (2) of the Act, the head of the Central Countermeasure Headquarters shall determine and publicly announce the detailed scope of the special disaster area. <Newly Inserted on Feb. 5, 2014> |
[This Article Wholly Amended on Dec. 7, 2010]
[Title Amended on Feb. 5, 2014]
[Moved from Article 68; previous Article 69 is deleted]
| Article 70 (Support to Special Disaster Areas) |
| (1) | Details of special support to areas declared by the State as special disaster areas pursuant to Article 61 of the Act, in connection with disasters falling under Article 69 (1) 1 and 1-2 shall be as follows: <Amended on Dec. 7, 2010; Apr. 10, 2012; May 31, 2013; Feb. 5, 2014; Nov. 1, 2016; May 8, 2018> |
| 1. | Additional subsidization from the National Treasury referred to in Article 7 of the Regulations on the Standards for Payment of Expenses for Natural Disaster Relief and Recovery; |
| 2. | Support referred to in Article 4 of the Regulations on the Standards for Payment of Expenses for Natural Disaster Relief and Recovery; |
| 3. | Support to medical services, prevention of epidemics, prevention and removal, wastes removal activities, etc.; |
| 5. | Support of preferential financing for the farming, fishery, facilities, and operational funds of farmers and fishermen, and for facilities and operational funds of small and medium enterprises, the deferment of refunds, the extension of deadline and the exemption or reduction of interest thereon, and special guarantees, etc. for small and medium enterprises; |
| 6. | Other support for the execution of disaster emergency countermeasures, and relief of and restoration from disasters. |
| (2) | Deleted. <Nov. 30, 2005> |
| (3) | Where the State may provide the following special support to an area declared to be a special disaster area pursuant to Article 61 of the Act, in connection with disasters falling under Article 69 (1) 2 of this Decree and those equivalent thereto falling under subparagraph 3 of the same paragraph: <Amended on Dec. 7, 2010; May 31, 2013; Feb. 5, 2014; Jun. 2, 2020> |
| 1. | Support under the Regulations on the Standards for Payment of Expenses for Social Accident Relief and Recovery; |
| 2. | Deleted; <Jun. 2, 2020> |
| 3. | Deleted; <Jun. 2, 2020> |
| 4. | Support falling under paragraph (1) 3 and 5; |
| 5. | Other support deemed necessary by the head of the Central Countermeasure Headquarters. |
| (4) | Deleted. <Jun. 2, 2020> |
| (5) | The head of the Central Countermeasure Headquarters shall finalize the computation of the amount of damage and restoration expenses for support specified in paragraph (3) and the details of subsidization from the National Treasury, following consultation with heads of the related central administrative agencies and deliberation at a meeting of the Central Countermeasure Headquarters. <Newly Inserted on May 31, 2013; Feb. 5, 2014> |
| (6) | When a special disaster area is declared, the heads of the Central Countermeasure Headquarters and relevant local countermeasure headquarters may dispose of the reserve fund for disaster countermeasures, disaster management fund, disaster relief fund, and contributed money to execute emergency disaster countermeasures and to perform disaster rescue and relief before the formulation and implementation of plans for disaster restoration pursuant to Article 59 (2) of the Act. <Amended on Dec. 7, 2010; May 31, 2013; Feb. 5, 2014> |
[Title Amended on Dec. 7, 2010]
[Previous Article 70-2 moved to Article 67 <Feb. 5, 2014>]
SECTION 3 Finance and Compensation
| Article 71 (Period of Application for Decision) |
[This Article Wholly Amended on Dec. 7, 2010]
| Article 72 (Bearing and Payment Criteria for Medical Treatment and Compensation) |
| (1) | Medical treatment and compensation under Article 65 (1) and (2) of the Act shall be borne by the State where the relevant disasters are related with the State's affairs or facilities, and be borne by local governments where those are related with the affairs or facilities of the local governments. |
| (2) | Medical treatment for injured persons or persons who become disabled from the injury under Article 65 (1) of the Act may be provided by way of paying actual expenses required for the medical treatment. <Newly Inserted on Aug. 23, 2012; Apr. 13, 2021> |
| (4) | The amount of compensation for the breakdown or damage in equipment, etc. to be paid under Article 65 (2) of the Act shall be determined under the following standards: <Newly Inserted on Aug. 23, 2012> |
| 1. | Where it is impracticable to repair the broken-down or damaged equipment, its exchange price at the time of participation; |
| 2. | Where it is possible to repair the broken-down or damaged equipment, actual expense required for the repair. |
| (5) | Among the compensation referred to in paragraph (1), the compensation for bereaved families shall be paid in the order of the relevant spouse, minor-aged offspring, parents, grandparents, adult offspring, and siblings. In such cases, when there are two or more family members of the same priority, the compensation shall be divided into the same amount and paid, and embryos shall be deemed to have been already born insofar as the relevant payment order is concerned. <Amended on Aug. 23, 2012> |
[This Article Wholly Amended on Dec. 7, 2010]
| Article 73 (Procedures for Medical Treatment and Payment of Compensation) |
[This Article Wholly Amended on Dec. 7, 2010]
| Article 73-2 (Procedures for Supporting Counseling Activities for Disaster Victims) |
| (1) | The Minister of the Interior and Safety or the head of a local government shall formulate and implement a plan for supporting counseling activities containing the following matters, in order to systematically support counseling activities to ensure disaster victims' psychological stability and adaptation to society (hereinafter referred to as "restoration of mentality") pursuant to Article 66 (5) of the Act: <Amended on Feb. 5, 2014; Nov. 19, 2014; Jan. 6, 2017; May 29, 2017; Jul. 26, 2017> |
| 1. | Detailed measures for supporting counseling activities by type of disaster and damage; |
| 2. | Securing financial resources necessary for supporting counseling activities; |
| 3. | Securing experts in restoration of mentality and building a collaboration system with related institutions; |
| 5. | Education, research, and publicity for supporting counseling activities; |
| 6. | Other matters deemed necessary by the Minister of the Interior and Safety or the head of a local government for supporting counseling activities to ensure disaster victims' restoration of mentality. |
| (2) | The Minister of the Interior and Safety and the head of a local government may render preferential support for counseling activities under Article 66 (5) of the Act to any of the following areas: <Amended on Feb. 5, 2014; Nov. 19, 2014; Jul. 26, 2017> |
| 2. | Any area where a disaster prescribed under any subparagraph of Article 13 has occurred. |
[This Article Newly Inserted on Dec. 7, 2010]
| Article 73-3 (Rate of Advance Payment of Restoration Expenses) |
| 1. | In cases of a natural disaster: Article 4 (1) 1 (a) and (b) and 2 (a) through (f) of the Regulations on the Standards for Payment of Expenses for Natural Disaster Relief and Recovery; |
| 2. | In cases of a social accident: Article 3 (1) 1 of the Regulations on the Standards for Payment of Expenses for Natural Disaster Relief and Recovery. |
| (2) | Pursuant to Article 66-2 (2) of the Act, a person who intends to receive advance payment of expenses for disaster restoration and relief provided under Article 66 of the Act (hereinafter referred to as restoration expenses, etc.") shall submit a report on the amount, etc. of damage caused by the disaster without delay to the head of the Si/Gun/Gu having jurisdiction of his or her residence or location of his or her office or business place. |
| (3) | The rate of advance payment under Article 66-2 (4) of the Act shall be at least 20/100 of the aggregate of the amounts subsidized from the National Treasury and the budget of a local government depending on the types of facilities, the scale of damage, etc., and matters relating to the detailed rate of and procedures, etc. for the advance payment shall be publicly notified by the Minister of the Interior and Safety after consulting with the relevant central administrative agencies. |
[This Article Newly Inserted on Jan. 18, 2018]
[Previous Article 73-3 moved to Article 73-5 <Jan. 18, 2018>]
| Article 73-4 (Return of Restoration Expenses) |
| 2. | Cases where restoration expenses, etc. is erroneously paid due to an administrative mistake, etc. |
[This Article Newly Inserted on Jan. 18, 2018]
[Previous Article 73-4 moved to Article 73-6 <Jan. 18, 2018>]
CHAPTER VIII PROMOTION OF SAFETY CULTURE
| Articles 73-5 (Overall Control over and Coordination of Activities of Safety Culture) |
| (1) | To efficiently conduct activities for safety culture referred to in Article 66-4 (1) 2, 4, and 6 of the Act and other projects necessary for the promotion of safety culture, the Minister of the Interior and Safety and the head of a local government may organize and operate a central consultative group or local consultative group, respectively. <Amended on Nov. 19, 2014; Jul. 26, 2017; Jan. 18, 2018> |
| (2) | Matters necessary for the organization and operation of a central consultative group or local consultative group under paragraph (1) shall be determined by the Minister of the Interior and Safety or the head of the relevant local government, respectively. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
[This Article Newly Inserted on Feb. 5, 2014]
[Moved from Article 73-3 <Jan. 18, 2018>]
| Article 73-6 (Safety Inspection Day) |
| (1) | The Safety Inspection Day referred to in Article 66-7 of the Act shall be the fourth day of each month and the Disaster Prevention Day referred to in the same Article shall be May 25 each year. <Amended on Jan. 18, 2018> |
| (2) | Each disaster management agency shall conduct the overall inspection of facilities vulnerable to disasters, inspiration of safety consciousness, etc. on the Safety Inspection Day, and shall hold relevant events, such as education and public relations campaigns on disasters, to inspire residents' disaster prevention consciousness against natural disasters on the Disaster Prevention Day. |
| (3) | Except as provided in paragraph (2), necessary matters relating to the events, etc. on Safety Inspection Day and Disaster Prevention Day shall be determined by the Minister of the Interior and Safety, respectively. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
[This Article Newly Inserted on Feb. 5, 2014]
[Moved from Article 73-4 <Jan. 18, 2018>]
| Article 73-7 (Collection and Management of Safety Information) |
| (1) | Data that the Minister of the Interior and Safety may request the heads of related administrative agencies to provide under Article 66-9 (4) of the Act shall be as follows: <Amended on Nov. 19, 2014; Jul. 26, 2017; Jan. 18, 2018; Aug. 27, 2019; Jun. 2, 2020> |
| 1. | Statistics of natural disasters, social disasters, or other accidents of various types (hereinafter referred to as "disasters, etc.") by area, the details and geographic information thereof (referring to coordinates or addresses; hereinafter the same shall apply); |
| 2. | Data concerning safety policies formulated by administrative agencies in connection with safety management; |
| 3. | Information on facilities, statistics by area, and geographic information that influence the triggering of disasters, etc. and activities for prevention and countermeasure thereof; |
| 4. | Results of investigation of the causes of disasters, etc. (limited to where the head of a relevant administrative agency conducts said investigation); |
| 5. | Data relating to the results of inspections, such as schedules, targets, details, etc. of various safety inspections or evaluations of facilities, etc. disclosed by the heads of disaster management agencies pursuant to other statutes or regulations; |
| 6. | Other information under the subparagraphs of Article 66-9 (1) of the Act (hereinafter referred to as "safety information") deemed necessary by the Minister of the Interior and Safety. |
| (2) | The head of a relevant administrative agency requested to provide data from the Minister of the Interior and Safety pursuant to Article 66-9 (4) of the Act shall provide the data by interlinking the information and communications networks under subparagraph 10 of Article 2 of the Electronic Government Act or the information systems under subparagraph 13 of the same Article. <Newly Inserted on Jun. 2, 2020> |
| (3) | The Minister of the Interior and Safety may provide information he or she received under Article 66-9 (4) of the Act to central administrative agencies, local governments, private institutions, etc. through the information and communications networks under subparagraph 10 of Article 2 of the Electronic Government Act, information systems under subparagraph 13 of the same Article, documents, mail, etc. In such cases, no institution provided with data shall use them for any purpose other than the original purpose. <Newly Inserted on Jun. 2, 2020> |
| (4) | The Minister of the Interior and Safety may establish and operate a Consultative Committee on the Joint Use of Safety Information (hereinafter referred to as "Consultative Committee on the Joint Use of Safety Information") for the efficient collection, disclosure, management, and active use of safety information. <Newly Inserted on Jun. 2, 2020> |
| (5) | The Consultative Committee on the Joint Use of Safety Information shall have a consultation on the following matters: <Newly Inserted on Jun. 2, 2020> |
| 1. | Matters relating to the establishment, standardization, quality control, etc. of safety information; |
| 2. | Matters relating to the goals and methods of, implementation strategies for, public disclosure, etc. of sharing safety information; |
| 3. | Matters relating to interlinking information systems related to safety information; |
| 4. | Other matters necessary for the collection, disclosure, and management of safety information and for active use of such information. |
| (6) | The chairperson of the Consultative Committee on the Joint Use of Safety Information shall be appointed by the Minister of the Interior and Safety from among high-ranking public officials of the Ministry of the Interior and Safety. <Newly Inserted on Jun. 2, 2020> |
| (7) | Members of the Consultative Committee on the Joint Use of Safety Information shall be appointed or commissioned by the Minister of the Interior and Safety, from among the following persons: <Newly Inserted on Jun. 2, 2020> |
| 1. | Public officials of a director level or higher at a division responsible for affairs related to safety information at a central administrative agency or in a local government; |
| 2. | Other heads of divisions responsible for affairs related to safety information at an institution deemed necessary for consultation on the matters under the subparagraphs of paragraph (5) and civilian experts. |
| (8) | Except as provided in paragraphs (4) through (7), matters necessary for operating the Consultative Committee on the Joint Use of Safety Information shall be determined by the Minister of the Interior and Safety. <Newly Inserted on Jun. 2, 2020> |
[This Article Newly Inserted on Feb. 5, 2014]
[Title Amended on Jun. 2, 2020]
| Article 73-8 (Examination and Publication of Safety Index) |
| (1) | Items to be examined for safety index under Article 66-10 (1) of the Act shall be as follows: <Amended on Nov. 19, 2014; Jul. 26, 2017; Jan. 18, 2018> |
| 1. | Status of disasters, etc. by area; |
| 2. | Citizens' safety consciousness concerning disasters, etc.; |
| 3. | Other matters deemed necessary by the Minister of the Interior and Safety. |
| (2) | "Institutions or organizations prescribed by Presidential Decree" in Article 66-10 (3) of the Act means the following: <Amended on Jan. 18, 2018> |
| 1. | A national or public research institute; |
| 3. | Universities, colleges, industrial colleges, junior colleges, and technical colleges under the Higher Education Act; |
| 4. | A corporate research institute established under the Civil Act or any other Act. |
| (3) | The Minister of the Interior and Safety may publish safety index by area through the Internet, etc. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (4) | Except as provided in paragraphs (1) through (3), necessary matters relating to the examination method, etc. of safety index shall be determined by the Minister of the Interior and Safety. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
[This Article Newly Inserted on Feb. 5, 2014]
| Article 73-9 (Measures for Safety Management When Holding Regional Festivals) |
| 1. | Each regional festival, where the maximum number of spectators is expected to exceed 1,000 at one time during the festival period; |
| 2. | Any of the following regional festivals, the venue, materials, etc. for which have the danger of accidents: |
| (a) | Regional festivals held in the mountains or on the surface of the water; |
| (b) | Regional festivals using explosive materials, such as fire, firecrackers, petroleum, or inflammable gas. |
| (2) | A safety management plan for a regional festival under Article 66-11 (1) and (3) of the Act (hereinafter referred to as "safety management plan for a regional festival") shall include the following: <Amended on Jan. 18, 2018; Jun. 2, 2020> |
| 1. | Outline of the regional festival; |
| 2. | Persons who manage the venues, facilities, etc. of the festival and matters relating to the management organization and the duties thereof; |
| 3. | Matters relating to the prevention of fire and loss of lives; |
| 4. | Plans for securing and placing safety management personnel; |
| 5. | Emergency countermeasure know-how, agency in charge, and the contact information of persons in charge. |
| (3) | Where a person intends to host a regional festival under Article 66-11 (1) and (3) of the Act, he or she shall first seek opinions from agencies related to safety management, such as the local government, fire station, police station, etc. having jurisdiction over the venue of the festival before formulating a safety management plan for a regional festival. <Amended on Jun. 2, 2020> |
| (4) | A person who intends to host a regional festival pursuant to Article 66-11 (3) of the Act shall formulate a safety management plan for a regional festival and submit such plan to the head of a Si/Gun/Gu three weeks before date of the festival. In such cases, where he or she intends to change the safety management plan for a regional festival, he or she shall submit changed plan no later than seven days before the date of the festival. <Newly Inserted on Jun. 2, 2020> |
| (5) | To ensure an efficient formulation and management of safety management plans for regional festivals, the Minister of the Interior and Safety may prepare a safety management manual for regional festivals and notify the head of local governments of said manual and disclose it on the website of the Ministry of the Interior and Safety. <Amended on Nov. 19, 2014; Jul. 26, 2017; Jun. 2, 2020> |
| (6) | Except as provided in paragraphs (1) through (5), necessary matters relating to the details of safety management plans for regional festivals, procedures for formulation thereof, etc. shall be determined by the Minister of the Interior and Safety. <Amended on Nov. 19, 2014; Jul. 26, 2017; Jun. 2, 2020> |
[This Article Newly Inserted on Feb. 5, 2014]
| Article 73-10 (Criteria and Procedures for Designation of Safety Project Districts) |
| (1) | Where necessary for the efficient support for safety project districts referred to in Article 66-12 (1) of the Act (hereinafter referred to as "safety project districts"), the Minister of the Interior and Safety may designate safety project districts after receiving the applications therefor by fixing a period. <Amended on Nov. 19, 2014; Jul. 26, 2017; Jan. 18, 2018> |
| (2) | The head of a Si/Gun/Gu who intends to have a safety project district designated shall submit to the Minister of the Interior and Safety a promotion plan for projects necessary for attaining the purpose of designating safety project district (hereinafter referred to as "safety projects") which includes the following matters, along with the related data: <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Outline of the implementation of safety projects; |
| 2. | Implementation period of safety projects; |
| 3. | Details of budget, human resources, etc. to support safety projects; |
| 4. | Method of local residents' participation in the implementation of safety projects; |
| 5. | Expected effect of the implementation of safety projects. |
| (3) | Criteria for designation of safety project districts shall be as follows: |
| 1. | The possibility and level of the relevant local residents' participation in the safety project; |
| 2. | Appropriateness and feasibility of the funding plan for the safety project; |
| 3. | The extent that the designation of the safety project district is expected to contribute to the safety level of the local community. |
| (4) | Where safety project districts are invited publicly, the Minister of the Interior and Safety may entrust related experts and institutions with the counseling, investigation, or research for fair evaluation, etc. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (5) | Upon designating a safety project district, such fact shall be publicly announced in the Official Gazette. |
[This Article Newly Inserted on Feb. 5, 2014]
| Article 73-11 (Support for and Evaluation of Safety Project Districts) |
| (1) | The Minister of the Interior and Safety may partially subsidize expenses incurred in implementing safety projects in safety project districts designated under Article 73-10. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The head of a Si/Gun/Gu that implements safety projects by being designated as a safety project district shall submit a report to the Minister of the Interior and Safety on the results of the implementation of safety projects achieved in the relevant year by the end of each year. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (3) | Where deemed necessary as a result of evaluating a report on the results of implementation submitted pursuant to paragraph (2), the Minister of the Interior and Safety may take such measures as requests for adjustment of the project plan, down-scaling, or expansion of the contents of support, etc. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
[This Article Newly Inserted on Feb. 5, 2014]
CHAPTER IX SUPPLEMENTARY PROVISIONS
| Article 74 (Purpose of Use of Disaster Management Funds) |
| 1. | Disaster management activities in the public sector conducted by local governments, which are prescribed by ordinance of a relevant local government: Provided, That any of the following shall be excluded: |
| (a) | Apportionment to a local government for a subsidy project, the budget for which is finalized, upon filing an application for appropriation of subsidies in the budget pursuant to Article 4 of the Subsidy Management Act; |
| (b) | Expenses incurred in relation to matters not reflected in plans for disaster and safety management projects formulated under the Countermeasures against Natural Disasters Act and other disaster-related statutes or regulations: Provided, That costs required for emergency restoration and emergency measures shall be excluded; |
| 2. | Expenses for safety measures falling under any of the following items for facilities owned or occupied by an entity other than a local government, which are prescribed by municipal ordinance of the relevant local government: |
| (a) | Safety measures for facilities that satisfy all the following requirements where public safety could be at risk: |
| (ii) | Where it is impracticable to identify the owner or occupant due to his or her absence or unknown address or place of residence or where it is impracticable to expect safety measures from the owner or occupant due to financial difficulties, etc.; |
| (b) | Safety measures implemented by the heads of local governments to prevent disasters pursuant to Article 31 (4) of the Act. |
[This Article Wholly Amended on Jan. 7, 2020]
| Article 75 (Operation and Management of Disaster Management Funds) |
| (1) | A Mayor/Do Governor and the head of a Si/Gun/Gu shall open an exclusive account and manage disaster management funds accumulated each year pursuant to Article 67 of the Act. |
| (2) | A Mayor/Do Governor and the head of a Si/Gun/Gu shall deposit to financial companies, etc. and manage, at least 15/100 of the minimum amount of each year's reserve (hereinafter referred to as "minimum amount of reserve") pursuant to Article 67 (2) of the Act (hereinafter referred to "amount of statutory deposit"): Provided, That where the accumulated amount of statutory deposit exceeds 10 times the minimum amount of each year's reserve referred to in Article 67 (2) of the Act on the basis of the relevant year, he or she may deposit the amount of statutory deposit in the relevant year by reducing it to 5/100 of the minimum amount of each year's reserve. <Amended on Feb. 5, 2014; Jan. 6, 2017; Apr. 2, 2020> |
| (3) | "Rate prescribed by Presidential Decree" in Article 68 (2) of the Act means 21/100 of the minimum amount of the relevant year's reserve. <Newly Inserted on Jan. 6, 2017> |
| (4) | Disaster management funds that can be used for the uses prescribed in Article 74 shall not exceed the amount remaining after excluding the amount referred to in paragraph (2) and the interest thereof: Provided, That some of the amount of statutory deposit may be used, where any damage exceeding five times the standard amount of damage subject to subsidization from the National Treasury under Article 5 (1) of the Regulations on the Standards for Payment of Expenses for Natural Disaster Relief and Recovery occurs. <Amended on Feb. 5, 2014; Nov. 1, 2016; Jan. 6, 2017> |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for operating and managing disaster management funds shall be prescribed by municipal ordinance of the relevant local government. <Newly Inserted on Feb. 5, 2014; Jan. 6, 2017> |
[This Article Wholly Amended on Dec. 7, 2010]
| Article 75-2 (Special Cases concerning Purpose of Use of Disaster Management Funds and Use of Amount of Statutory Deposit) |
Notwithstanding Articles 74 and 75 (4), a Mayor/Do Governor and the head of a Si/Gun/Gu may use disaster management funds and the amount of statutory deposit as local financial resources (including apportionment to a local government for a subsidy project) to provide support to the micro enterprises and vulnerable groups struggling financially due to the coronavirus pandemic and to pay for disaster management for coronavirus infections and efforts to recover from heavy rains and typhoons that occurred in 2020. <Amended on Sep. 2, 2020> [This Article Newly Inserted on Apr. 2, 2020]
[Previous Article 75-2 moved to Article 75-3 <Apr. 2, 2020>]
| Article 75-3 (Investigation of Causes of Disasters) |
| (1) | Where the Minister of the Interior and Safety intends to conduct an investigation of the causes of a disaster or have the head of a disaster management agency conduct an investigation of the causes of a disaster under Article 69 (1) or (2) of the Act, he or she shall bring the issue to the National Disaster Investigation Council referred to in Article 75-4 (1) for deliberation and thereafter decide on whether to initiate an investigation and the methods for conducting an investigation, if any: Provided, That such deliberation by the National Disaster Investigation Council under Article 75-4 (1) may be omitted in cases where an urgent investigation is required. <Newly Inserted on Jun. 27, 2023> |
| (2) | “Disaster prescribed by Presidential Decree” in Article 69 (2) 1 of the Act means the following disasters: <Amended on Jun. 27, 2023> |
| 1. | A disaster which has led to the declaration of a special disaster area; |
| 2. | A disaster which has led to the organization and operation of the Central Disaster and Safety Countermeasure Headquarters, a local disaster and safety countermeasure headquarters, or the central disaster management headquarters; |
| 3. | A repeated disaster, the investigation of the causes of which is deemed necessary by the Minister of the Interior and Safety to prevent recurrence thereof. |
| (3) | A Government joint group investigating the causes of disasters under Article 69 (2) of the Act (hereinafter referred to as "group investigating the causes of disasters") shall be comprised of not more than 50 persons, including the head thereof (hereinafter referred to as the "head of the investigation group"). <Amended on Jan. 7, 2020; Jun. 27, 2023> |
| (4) | The head of the investigation group shall be appointed by the Minister of the Interior and Safety from among the investigators falling under paragraph (5) 4 and 5. <Newly Inserted on Jun. 27, 2023> |
| (5) | The Minister of the Interior and Safety shall select investigators from among the following persons; in such cases, the investigators falling under subparagraphs 4 and 5 shall constitute a majority in number: <Amended on Jan. 7, 2020; Jun. 27, 2023> |
| 1. | Public officials of the Ministry of the Interior and Safety in charge of affairs related to disaster and safety management; |
| 2. | Public officials recommended by the heads of relevant central administrative agencies, from among public officials of the relevant central administrative agencies in charge of affairs related to disaster and safety management; |
| 3. | Researchers of the National Disaster Management Research Institute or the National Forensic Service in charge of affairs related to the field of the relevant disaster and accident; |
| 4. | Persons with extensive knowledge of and experience in the field of the disaster and accident occurred; |
| 5. | Other persons deemed necessary by the Minister of the Interior and Safety to ensure the fairness of and expertise in investigation of the causes of the disaster. |
| (6) | The head of the investigation group shall direct investigators and exercise overall control over the operation of the group investigating the causes of disasters. <Amended on Jan. 7, 2020; Jun. 27, 2023> |
| (7) | Investigations of the causes of a disaster may be conducted by classifying them into preliminary investigations and main investigations, as prescribed by Ordinance of the Ministry of the Interior and Safety, and in cases of a main investigation, the head of the investigation group may request the local government having jurisdiction over the area where the disaster has occurred or relevant institutions, etc. to conduct detailed analysis, or may conduct investigation or research jointly with relevant institutions. <Amended on Jan. 7, 2020; Jun. 27, 2023> |
| (8) | Upon completing the final investigation, the group investigating the causes of disasters shall prepare a report on investigation results including the following matters; and in order to ensure the fairness and reliability of the results of the investigation, it may cause the relevant local government, institutions, experts, etc. to participate in the examination of the report on the results of the investigation: <Amended on Jun. 27, 2023> |
| 1. | Purpose of the investigation, the state of damage, and field information; |
| 2. | Details of field investigation; |
| 3. | Details of analysis on causes of the disaster; |
| 4. | Details of investigation, analysis, and assessment as to the process taken to respond to the disaster (including assessment as to whether the risk management manuals referred to in Article 34-5 (1) of the Act have been complied with); |
| 5. | Measures taken, such as recommendations and improvement measures; |
| 6. | Other matters necessary to prevent the recurrence, etc. of the disaster. |
| (9) | Pursuant to Article 69 (3) of the Act, the group investigating the causes of disasters shall report the results of the investigation prepared under paragraph (6) of this Article to the Coordination Committee within three months from the date of completing the preparation of the report on the results of the investigation. <Amended on Jun. 27, 2023> |
| (10) | The head of a relevant institution, upon receipt of a recommendation for improvement under Article 69 (5) of the Act, shall notify the Minister of the Interior and Safety in writing of an action plan including the following matters within one month: <Amended on Jan. 7, 2020; Jun. 27, 2023> |
| 1. | An implementation plan by item recommended for improvement; |
| 2. | Plans to improve systems such as statutes or regulations necessary to implement the recommendation for improvement; |
| 3. | Plans to improve business systems, such as the standards, methods, and procedures for handling affairs necessary to implement the recommendation for improvement; |
| 4. | Plans to improve safety culture through, among other things, education, training, inspection, and public relations activities necessary to implement the recommendation for improvement; |
| 5. | Plans to expand infrastructure, such as the budget, facilities, and human resources necessary to implement the recommendation for improvement. |
| (11) | The Minister of the Interior and Safety may annually inspect and ascertain whether the recommendations for improvement made to the heads of the related agencies pursuant to Article 69 (5) of the Act have been fulfilled, and may request correction or supplementation, etc. if any deficiency is found as a result of such inspection and ascertainment. <Amended on Jun. 27, 2023> |
| (12) | To prevent recurrence of similar disasters or accidents, the Minister of the Interior and Safety may require the National Disaster Management Research Institute to scientifically investigate and analyze causes of disasters and manage the data related to the investigation and analysis of the causes of disasters. <Amended on Jun. 27, 2023> |
| (13) | The Minister of the Interior and Safety may not conduct an investigation into causes of disasters in any of the following cases: <Amended on Jan. 7, 2020; Jun. 27, 2023> |
| 1. | Where an investigation or trial is underway in relation to the disaster or accident; |
| 2. | Where other statutes or regulations require the head of a disaster management agency to investigate the cause of the relevant disaster or accident. |
| (14) | Where the Minister of the Interior and Safety does not conduct an investigation of the causes of a disaster as it falls under paragraph (13) 2, he or she may request that the head of the relevant disaster management agency submit a report on the results of the investigation. In such cases, the head of the disaster management agency so requested shall comply with the request, unless there is a compelling reason not to do so. <Newly Inserted on Jun. 27, 2023> |
| (15) | The Minister of the Interior and Safety may recommend that the head of the relevant disaster management agency create an investigation organization and improve the methods for investigation after reviewing a report on the results of the investigation submitted pursuant to paragraph (14). <Newly Inserted on Jun. 27, 2023> |
| (16) | Where the Minister of the Interior and Safety directly investigates the causes of a disaster under Article 69 (1) of the Act, he or she may organize and operate a team investigating the causes of a disaster, as determined by the Minister of the Interior and Safety. In such cases, paragraphs (3) through (8) shall apply mutatis mutandis to the organization, operation, authority, etc. of a team investigating the causes of a disaster, and "group investigating the causes of disasters" shall be construed as "team investigating the causes of disasters,"; the "head of the investigation group" as the "head of the investigation team,"; and "member of the investigation group" as "member of the investigation team," respectively. <Newly Inserted on Jan. 7, 2020; Jun. 27, 2023> |
| (17) | Allowances, travel expenses, research expenses, and other necessary expenses may be paid to relevant experts who attend investigation, research, or advisory meetings, etc.: Provided, That this shall not apply where a public official participates in direct connection with his or her duties. <Newly Inserted on Jan. 7, 2020; Jun. 27, 2023> |
| (18) | Except as provided in paragraphs (1) through (17), matters necessary for the implementation of an investigation of the causes of disasters, recommendation for improvement, etc. shall be prescribed by Ordinance of the Ministry of the Interior and Safety, and matters necessary for the operation of a group investigating the causes of disasters shall be determined by the Minister of the Interior and Safety. <Newly Inserted on Jan. 7, 2020; Jun. 27, 2023> |
[This Article Wholly Amended on Jan. 18, 2018]
[Moved from Article 75-2 <Apr. 2, 2020>]
| Article 75-4 (National Disaster Investigation Council) |
| (1) | The Minister of the Interior and Safety may establish and operate a National Disaster Investigation Council (hereinafter referred to as the “National Disaster Investigation Council”) to deliberate and coordinate on the following matters: |
| 3. | Matters regarding inspection and verification of the measures taken and any correction or supplementation made to areas requiring improvement under Article 75-3 (11); |
| 4. | Other matters deemed by the Minister of the Interior and Safety to require deliberation or coordination in relation to an investigation of the causes of a disaster. |
| (2) | The National Disaster Investigation Council shall be composed of at least 20 but up to 30 members, including one chairperson and one vice chairperson. |
| (3) | The chairperson of the National Disaster Investigation Council shall be elected among and by its members falling under paragraph 4 (2). |
| (4) | Members of the National Disaster Investigation Council shall be appointed or commissioned by the Minister of the Interior and Safety, from among the following persons; in such cases, members falling under subparagraph 2 shall constitute a majority in number: |
| 1. | A person recommended by the head of the agency to which he or she belongs, from among members in general service of the Senior Executive Service of the following agencies (referring to superintendent generals or higher-ranked police officials in the case of the Korean National Police Agency, and assistant fire commissioners or higher-ranked fire officials in the case of the National Fire Agency): |
| (a) | The Ministry of Science and ICT, the Ministry of the Interior and Safety, the Ministry of Agriculture, Food and Rural Affairs, the Ministry of Trade, Industry and Energy, the Ministry of Environment, the Ministry of Employment and Labor, the Ministry of Land, Infrastructure and Transport, and the Ministry of Oceans and Fisheries; |
| (b) | The Korean National Police Agency, the National Fire Agency, the Korea Forest Service, and the Korea Disease Control and Prevention Agency; |
| (c) | Other administrative agencies deemed necessary by the Minister of the Interior and Safety; |
| 2. | Persons with extensive knowledge of and experience in the field of investigation of the causes of disasters. |
| (5) | The term of office of a member falling under paragraph (4) 2 shall be two years. |
| (6) | Where necessary for the efficient conduct of the business affairs of the National Disaster Investigation Council, a sub-council consisting of the members of the National Disaster Investigation Council (hereinafter referred to as "sub-council") may be established within the National Disaster Investigation Council. In such cases, any deliberation by the sub-council shall be deemed deliberation by the National Disaster Investigation Council. |
| (7) | A working council consisting of public officials belonging to the agencies under the items of paragraph (4) 1 and relevant experts (hereinafter referred to as "working council") may be established within the National Disaster Investigation Council to pre-examine agenda items to be deliberated upon by the National Disaster Investigation Council and by the sub-council and to handle matters delegated by the National Disaster Investigation Council. |
| (8) | Members who attends meetings of the National Disaster Investigation Council, the sub-council, and the working council may be paid allowances and reimbursed with travel expenses, etc., within the budget: Provided, That this shall not apply where a public official attends the meetings in relation to his or her duties. |
| (9) | Except as provided in paragraphs (1) through (8), matters necessary for organizing and operating the National Disaster Investigation Council, the sub-council, and the working council shall be determined by the Minister of the Interior and Safety. |
[This Article Newly Inserted on Jun. 27, 2023]
| Article 76 (Management of Records of Disaster Situations) |
| (1) | The heads of disaster management agencies shall prepare, keep, and manage the records of disaster situations containing the following matters for each damaged facility, pursuant to Article 70 (1) of the Act: <Amended on Feb. 5, 2014; Jan. 18, 2018; Jun. 2, 2020> |
| 1. | The status of damage, countermeasures, etc.: |
| (a) | Time and date of damage, and damaged areas; |
| (b) | Causes of damage, and quantity and amount of damages; |
| (c) | Details of emergency measures, such as mobilized human resources, equipment, etc.; |
| (d) | Photographs, videos, and drawings of, and location information for the damaged area; |
| (e) | Status of loss of lives and measures taken by damaged residents; |
| (f) | Matters relating to activities of volunteers, etc.; |
| (a) | Particulars of computation of the quantity and amount of restorations by type of project implemented in accordance with an agency’s own restoration plan referred to in Article 59 (1) of the Act or a disaster restoration plan referred to in paragraph (4) of the same Article; |
| (b) | Title and location of restoration works, and current status of issuing orders for works and of promoting restorations; |
| 3. | Other matters necessary for keeping and managing after preparing in records, such as the admirable stories or example-setting cases, etc. |
| (2) | A Mayor/Do Governor and the head of a Si/Gun/Gu shall keep the records of disaster situations prepared pursuant to paragraph (1) for five years from the year following the year in which the restorations from disasters are completed. <Amended on Feb. 5, 2014> |
| (3) | The disaster annual report or calamity yearbook prepared under Article 70 (2) of the Act may be published in the form of a book or an electronic filing, and such published disaster annual report or calamity yearbook shall be made to be perused by sending it to the heads of the related disaster management agencies or posting by electronic means. <Newly Inserted on Feb. 5, 2014> |
[This Article Wholly Amended on Dec. 7, 2010]
| Article 77 Deleted. <Aug. 23, 2012> |
| Article 78 (Promotion of International Joint Research) |
| (1) | The Minister of the Interior and Safety shall formulate policies necessary to promote international joint research on disaster and safety technology and disaster and safety industry as part of policies for promoting science and technology in the field of disaster and safety management under Article 71 (1) of the Act. <Amended on Jun. 27, 2011; Oct. 26, 2011; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The Minister of the Interior and Safety may promote the following projects to facilitate international joint research under paragraph (1): <Amended on Oct. 26, 2011; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Surveys and research for international cooperation in the disaster and safety technology and disaster and safety industry; |
| 2. | International exchange of human resources and information concerning the disaster and safety technology and disaster and safety industry; |
| 3. | Opening exhibits and academic conferences concerning the disaster and safety technology and disaster and safety industry; |
| 4. | Finding overseas markets for the disaster and safety technology and disaster and safety industry; |
| 5. | Other projects deemed necessary by the Minister of the Interior and Safety for facilitating international joint research. |
[This Article Wholly Amended on Dec. 7, 2010]
| Article 78-2 (Consultation and Coordination of Research and Development Projects) |
In order to promote research and development projects consistently under Article 71 (1) of the Act (hereinafter referred to as "research and development projects") and comprehensive plans and implementation plans for development of technology for disaster and safety management formulated under Article 71-2 of the Act through intimate connection each other, the Minister of the Interior and Safety may consult and coordinate with the heads of related central administrative agencies on necessary matters. <Amended on Nov. 19, 2014; Jul. 26, 2017> [This Article Wholly Amended on Feb. 5, 2014]
| Article 79 (Institutions in Overall Charge of Research and Development Projects) |
"Institutes, organizations, or business entities prescribed by Presidential Decree" in Article 71 (4) of the Act means any institute, organization, or business entity of the following: <Amended on Oct. 26, 2011; Mar. 23, 2013> | 1. | The National Disaster Management Research Institute; |
| 2. | A national or a public research institute; |
| 3. | Universities, colleges, industrial colleges, junior colleges, and technical colleges under the Higher Education Act; |
| 4. | Research institutions in the field of disaster or safety, incorporated under the Civil Act or other statutes. |
[This Article Wholly Amended on Jun. 27, 2011]
| Article 79-2 (Payment and Management of Contributions) |
| (1) | The Minister of the Interior and Safety may pay contributions under Article 71 (2) of the Act in a lump sum or in installments, taking into consideration the scale of research and development projects, the time when a research begins, the financial conditions of the Government, etc. <Amended on Mar. 23, 2013; Feb. 5, 2014; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | An institute, organization, or business entity (hereinafter referred to as "institute in charge") which concludes an agreement under Article 71 (3) of the Act shall manage contributions paid pursuant to paragraph (1) in a separate account. |
[This Article Newly Inserted on Jun. 27, 2011]
| Article 79-3 (Reporting on Use of Contributions and Progress) |
| (1) | The head of an institute in charge shall use a contribution received pursuant to Article 79-2 (1), only for the following purposes, as determined and publicly notified by the Minister of the Interior and Safety: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Personnel expenses for researchers; |
| 2. | Direct costs, such as those for equipment, materials, activities, and allowances for research; |
| 3. | Indirect costs, such as personnel support costs, research support costs and costs for utilization of outcomes; |
| 4. | Expenses for outsourced research and development. |
| (2) | The head of an institute in charge shall describe details of use of contributions in the following documents and submit them to the Minister of the Interior and Safety who paid the contributions within two months after the completion of research and development project every year: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Plan on use of contributions and progress of spending in documents required by the Minister of the Interior and Safety; |
| 2. | A written opinion on the internal accounting audit of the main research institute. |
[This Article Newly Inserted on Jun. 27, 2011]
| Article 79-4 (Conclusion of Agreements) |
| (1) | When the head of an institute in charge intends to use non-governmental contributions or corporate technical development funds (including articles) to pay the costs of research and development projects, he or she shall in advance conclude agreements with a person who bears such costs. |
| 1. | Research and development plan, including the scope, method, chief researcher etc. of a research and development project; |
| 2. | Matters relating to the payment, use and management of research and development costs; |
| 3. | Matters relating to the report of research and development outcomes; |
| 4. | Matters relating to the ownership and use of research and development outcomes; |
| 5. | Matters relating to the collection and use of royalties according to the use of research and development outcomes; |
| 6. | Evaluation of research and development outcomes and ensuing measures; |
| 7. | Measures against the illegal use of research and development costs; |
| 8. | Amending and revoking the agreement; |
| 9. | Measures against the violation of an agreement; |
| 10. | Matters related to research and development, in addition to matters under subparagraphs 1 through 9. |
[This Article Newly Inserted on Jun. 27, 2011]
| Article 79-5 (Formulation of Comprehensive Plans for Development of Technology for Disaster and Safety Management) |
| (1) | A comprehensive plan for development of technology for disaster and safety management to be formulated under Article 71-2 (1) of the Act (hereinafter referred to as "development plan") shall include the following: |
| 1. | Current status and long-term prospect of disaster and safety technology based on master plans for national safety management; |
| 2. | Objectives of developing disaster and safety technology by phase and measures to achieve them; |
| 3. | Plans for vitalizing disaster and safety industry including strengthening competitiveness of disaster and safety technology; |
| 4. | Annual investment and promotion plans for projects for development of disaster and safety technology promoted by the Government; |
| 5. | Support to schools, academic organizations, research institutions, etc. for research on disaster and safety technology; |
| 6. | Collection, classification, processing, and dissemination of information on disaster and safety technology; |
| 7. | Measures for cooperative research among industry, academia, research institutions, and governmental agencies, and for acceleration of international cooperation for disaster and safety technology; |
| 8. | Development of disaster and safety technology and promotion of disaster and safety industry. |
| (2) | To formulate a development plan, the Minister of the Interior and Safety may request the heads of relevant central administrative agencies to provide data on the current status and forecast of disaster and safety technology under their jurisdiction or to formulate plans for development of disaster and safety technology, etc. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | The Minister of the Interior and Safety shall formulate a development plan after compiling the data, plans, etc. provided under paragraph (2), and shall confirm it, after deliberation by the Presidential Advisory Council on Science and Technology established under the Presidential Advisory Council on Science and Technology Act. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jun. 30, 2015; Jul. 26, 2017; Apr. 17, 2018> |
[This Article Newly Inserted on Aug. 23, 2012]
| Article 79-6 (Formulation of Implementation Plans for Development of Disaster and Safety Technology) |
| (1) | Implementation plans to be formulated by the heads of relevant central administrative agencies under Article 71-2 (2) of the Act shall include the following matters: |
| 1. | Detailed plan for the promotion of research and development projects in accordance with the development plan; |
| 2. | Performance record and outcome of promoting research and development projects performed in the previous year; |
| 3. | Tasks of research and development projects to be implemented in the relevant year and plans therefor. |
| (2) | The head of each relevant central administrative agency shall formulate an implementation plan pursuant to Article 71-2 (2) of the Act and notify the Minster of the Interior and Safety thereof by not later than December 31 each year. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | The Minister of the Interior and Safety shall compile implementation plans of the relevant central administrative agencies notified under paragraph (2) and report thereon to the Presidential Advisory Council on Science and Technology established under the Presidential Advisory Council on Science and Technology Act. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Apr. 17, 2018> |
[This Article Newly Inserted on Aug. 23, 2012]
| Article 80 (Support for Commercialization of Research and Development Project Outcomes) |
| (1) | When a small and medium enterprise defined in Article 2 of the Framework Act on Small and Medium Enterprises or any other corporation or business entity intends to receive support necessary for commercializing research and development project outcomes pursuant to Article 72 (1) of the Act, it, he, or she shall submit a project proposal and detailed request for support to the Minister of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | When any part of the detailed request for support referred to in paragraph (1) falls under the jurisdiction of an institution or organization other than the Ministry of the Interior and Safety, the Minister of the Interior and Safety may recommend that the relevant institution or organization allow the applicant to receive the support for commercialization, as deemed necessary for commercializing research and development project outcomes. <Amended on Mar. 23, 2013; Nov. 19, 2014; May 26, 2015; Jul. 26, 2017> |
[This Article Wholly Amended on Jun. 27, 2011]
| Article 80-2 (Survey on and Analysis of Utilization of Research and Development Project Outcomes) |
| (1) | Where necessary to provide support to ensure systematic and efficient implementation of research and development projects, the Minister of the Interior and Safety may conduct a survey on, and analysis of, the utilization of the outcomes of research and development projects. |
| (2) | Where necessary for survey and analysis under paragraph (1), the Minister of the Interior and Safety may require that the head of the relevant central administrative agency submit data on how the outcomes of research and development projects have been utilized at disaster scenes and safety management fields. |
[This Article Newly Inserted on Jun. 27, 2023]
| Article 81 (Collection and Use of Royalties) |
| (2) | The Minister of the Interior and Safety may allow royalties referred to in paragraph (1) to be paid in equal installments during a specific period as prescribed by an agreement under Article 71 (3) of the Act, and reduce or exempt a certain amount from royalties, when the royalties are paid in lump sum or prepaid. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | "Projects prescribed by Presidential Decree" in Article 73 (2) 2 of the Act means the following: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Jan. 7, 2020> |
| 1. | Support for the commercialization of research and development project outcomes under Article 72 of the Act; |
| 2. | Support, such as reward for institutes, organizations, business entities, or researchers that have developed excellent technologies; |
| 3. | Other projects deemed necessary by the Minister of the Interior and Safety for fostering technologies related to disaster and safety management. |
| (4) | Except as provided in paragraphs (1) through (3), detailed matters relating to the collection, management, and use of royalties shall be determined and publicly notified by the Minister of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Wholly Amended on Jun. 27, 2011]
| Article 81-2 Deleted. <Jan. 3, 2023> |
| Article 81-3 Deleted. <Jan. 3, 2023> |
| Article 82 (Establishment and Operation of Information and Communications Systems for Disaster Management) |
| (1) | Information and communications systems for disaster management to be established and operated by the Minister of the Interior and Safety, and the heads of disaster management agencies, emergency rescue and relief agencies, and emergency rescue and relief support agencies pursuant to Article 74 (1) of the Act shall be equipped with the following: <Amended on Mar. 23, 2013; Feb. 5, 2014; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Standardized information systems, information and communications networks, and operation and management systems for performing the duties of disaster and safety management; |
| 2. | Information systems and information and communications networks necessary for operating efficiently a disaster and safety management center established under Article 18 of the Act; |
| 3. | Other matters deemed necessary by the Minister of the Interior and Safety for establishing and operating an information and communications system for disaster management. |
| (2) | The Minister of the Interior and Safety may perform the following affairs for establishing and operating a comprehensive information and communications system for disaster management pursuant to Article 74 (3) of the Act: <Amended on Mar. 23, 2013; Feb. 5, 2014; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Survey of the current status of information and communications systems for disaster management established and operated by disaster management agencies, emergency rescue and relief agencies, and emergency rescue and relief support agencies; |
| 2. | Development and dissemination of programs and establishment and operation of a standardized connecting system for government-wide sharing required for interconnecting information and communications systems for disaster management referred to in subparagraph 1; |
| 3. | Securing the budget for the interconnection, sharing, and examination of duplication of information systems and information and communications networks among disaster management agencies, emergency rescue agencies, and emergency rescue and relief support agencies, and prior consultation and coordination at the predevelopment stage; |
| 4. | Formulating and implementing measures to prevent duplicated development and operation of information and communications systems for disaster management; |
| 5. | Where information and communications systems for disaster management are similar to each other or duplicated, recommendations for improvement for the relevant agencies; |
| 6. | Interconnection among information and communications systems for disaster management operated under other statutes and regulations. |
| (3) | Deleted. <Mar. 23, 2013> |
[This Article Wholly Amended on Aug. 23, 2012]
[Title Amended on Feb. 5, 2014]
[Moved from Article 85; previous Article 82 moved to Article 43-10 <Feb. 5, 2014>]
| Article 83 (Procedures for Sharing of Disaster Management Information) |
| (1) | The scope of disaster management information to be shared under Article 74-2 (1) of the Act shall be as follows: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Information collected and possessed by disaster management agencies, emergency rescue and relief agencies, and emergency rescue and relief support agencies for disaster management; |
| 2. | Other information that the Minister of the Interior and Safety deems necessary for sharing for efficient disaster management. |
| (2) | The head of an agency that intends to share disaster management information prescribed in the subparagraphs of paragraph (1) shall submit an application therefor to the Minister of the Interior and Safety, stating the following matters therein: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Name of the agency that intends to share information; |
| 2. | Details and scope of disaster management information intended to share; |
| 4. | Agency that possesses disaster management information; |
| 5. | Methods of sharing and security assurance. |
| (3) | Upon receipt of an application for sharing pursuant to paragraph (2), the Minister of the Interior and Safety may approve sharing of disaster management information, taking into consideration the legitimacy of the purpose of sharing, adequacy of information subject to sharing, etc.: Provided, That he or she shall not approve the sharing in any of the following cases: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Where disaster management information for which sharing is applied is prescribed as confidential or non-disclosure information in any Act or any order delegated by an Act (applicable only to the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, the Board of Audit and Inspection Regulations, a Presidential Decree, an Ordinance of the Prime Minister, an Ordinance of the Ministry of the Interior and Safety, an ordinance of a Ministry, a municipal ordinance, and municipal rules); |
| 2. | Where disaster management information for which sharing is applied is related to national security, national defense, unification, diplomatic relations, etc. which is deemed to cause significant harm to the gross interest of the State if it is shared. |
| (4) | The Minister of the Interior and Safety shall obtain consent from the head of an agency that possesses disaster management information before granting approval under the main clause of paragraph (3) with the exception of its subparagraphs. In such cases, the head of an agency possessing disaster management information shall cooperate in sharing of the disaster management information unless there is a compelling reason not to do so. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (5) | Each agency that shares disaster management information shall share the disaster management information through an information system established and operated under Article 82 (2) 2 without good cause. <Amended on Feb. 5, 2014> |
| (6) | Where any agency that shares disaster management information or any employee belonging thereto falls under any of the following cases, the Minister of the Interior and Safety may withdraw approval for sharing granted to the relevant agency under the main clause of paragraph (3) with the exception of its subparagraphs or temporarily suspend the relevant agency from the sharing: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Where any cause falling under any subparagraph of paragraph (3) occurs; |
| 3. | Where disaster management information is used for any purpose, other than the intended one at the time the sharing is applied for; |
| 4. | Where any inevitable ground for prohibiting the sharing of disaster management information occurs correspondingly to subparagraphs 1 through 3. |
[This Article Newly Inserted on Aug. 23, 2012]
[Moved from Article 85-2; previous Article 83 moved to Article 43-11 <Feb. 5, 2014>]
| Article 83-2 (Methods for Requesting Information) |
| (1) | Where the head of the Central Countermeasure Headquarters or the head of a local countermeasure headquarters intends to request information pursuant to Article 74-3 (1) or (2) of the Act, he or she shall prepare a written request for information and make a request by electronic mail, facsimile, or through the information system, etc. |
| (2) | A person requested to provide information under Article 74-3 (1) or (2) of the Act shall provide information by methods designated by the head of the Central Countermeasure Headquarters or the head of a local countermeasure headquarters, such as electronic mail, facsimile, or the information system, etc. |
| (3) | The head of the Central Countermeasure Headquarters or the head of a local countermeasure headquarters may provide information collected under Article 74-3 (1) and (2) of the Act to the following institutions pursuant to paragraph (3) of the same Article: |
| 1. | Disaster management agencies; |
| 2. | Emergency rescue agencies; |
| 3. | Emergency rescue and relief support agencies; |
| 4. | Other institutions determined and publicly notified by the Minister of the Interior and Safety, which perform affairs related to disaster response. |
| (4) | Where the head of the Central Countermeasure Headquarters or the head of a local countermeasure headquarters provides information pursuant to Article 74-3 (3) of the Act, he or she may utilize the information systems of the institutions under the subparagraphs of paragraph (3). |
| (5) | The head of the Central Countermeasure Headquarters, the head of a local countermeasure headquarters, or the head of an agency provided with information under Article 74-3 (3) of the Act shall limit the number of persons who can access or use the information collected under paragraphs (1) and (2) of the same Article. |
| 1. | Shall not use the information for the purpose of infringing upon a third party's rights or for committing any unlawful act such as a crime; |
| 2. | Shall not arbitrarily provide or divulge the information to a third party; |
| 3. | Shall not forge or alter the information; |
| 4. | Shall take necessary measures to ensure safety by preventing the information from being lost or stolen; |
| 5. | Shall take encryption measures so that the information can be stored and sent safely; |
| 6. | Shall establish and operate security programs that can prevent and treat malicious programs, etc.; |
| 7. | Shall record and preserve matters relating to the collection, use, provision, and destruction of the information. |
| (8) | Except as provided in paragraphs (1) through (7), the Minister of the Interior and Safety may determine and publicly notify matters necessary for requesting, providing, using, etc. information. |
[This Article Newly Inserted on Jun. 2, 2020]
[Previous Article 83-2 moved to Article 83-3 <Jun. 2, 2020>]
| Article 83-3 (Appointment and Operation of Chief Safety Officers) |
| (1) | A person in position that actually exercises overall control over and manages disaster and safety management affairs in the relevant agency shall be appointed as chief safety officer under Article 75-2 (1) of the Act; and where necessary, several chief safety officers may be appointed. <Amended on Jun. 10, 2021> |
| (2) | A chief safety officer referred to in paragraph (1) shall perform the following duties: |
| 1. | Matters relating to the formulation and evaluation of annual activity plans for disaster and safety management; |
| 2. | Matters relating to the establishment and operation of systems for monitoring and warning of disasters and safety accidents; |
| 3. | Matters relating to the safety diagnosis for prevention of disasters and safety accidents; |
| 4. | Matters relating to the establishment of systems for cooperating with the agencies, civil sector, etc. related to disaster and safety management; |
| 5. | Matters relating to the disclosure, utilization, etc. of information related to disaster and safety management; |
| 6. | Matters relating to the record and management of statistics of disaster and safety accidents. |
| (3) | Upon appointing or replacing a chief safety officer, the head of the relevant agency shall notify the Minister of the Interior and Safety thereof. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for operating chief safety officers shall be determined by the Minister of the Interior and Safety. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
[This Article Newly Inserted on Feb. 5, 2014]
[Moved from Article 85; previous Article 83-3 moved to Article 84-5 <Jun. 10, 2021>]
[Previous Article 83-4 moved to Article 84-6 <Jun. 10, 2021>]
[Previous Article 83-5 moved to Article 84-7 <Jun. 10, 2021>]
| Article 84 (Procedures for Supporting Insurance and Mutual Aid Carrier Related to Disaster and Safety) |
| (1) | In partially subsidizing insurance premiums, etc. under Article 76 (2) of the Act, the head of a related central administrative agency may pay the subsidy to persons eligible to conduct insurance and mutual aid business related to disaster and safety. <Amended on Jan. 6, 2017; Jun. 10, 2021> |
| (2) | Persons who intend to receive the subsidy for insurance premiums, etc. under paragraph (1) shall submit the documents requested by the head of a related central administrative agency, such as the status of insurance contracts and a plan for use of operating expenses. <Amended on Jun. 10, 2021> |
| (3) | The head of a related central administrative agency in receipt of the documents under paragraph (2) shall determine and pay a subsidy, such as insurance premiums, after confirming the criteria for insurance policyholders and matters, etc. on financial support for persons eligible to conduct insurance and mutual aid business related to disaster and safety under paragraph (1). <Amended on Jun. 10, 2021> |
| (4) | A person who has received a subsidy from the head of a related central administrative agency shall submit a balance sheet of the insurance and mutual aid business related to disaster and safety to the head of the related central administrative agency within two months from the date the accounting is completed. <Amended on Jun. 10, 2021> |
[This Article Wholly Amended on Feb. 5, 2014]
[Title Amended on Jun. 10, 2021]
| Article 84-2 (Limit of Compensation of Mandatory Disaster Insurance) |
| (1) | "Limit of compensation prescribed by Presidential Decree" in Article 76-2 (1) 1 of the Act means the limit of compensation of an amount that satisfies all of the following criteria per victim: |
| 1. | In cases of death: At least 150 million won; |
| 2. | In cases of injury: At least 30 million won; |
| 3. | Where a person who had received medical treatment regarding injury cannot expect further response to medical treatment and has a physical disability caused by such injury under permanent symptoms: At least 150 million won. |
| 1. | Where permission, authorization, registration, or acceptance of a report (hereinafter referred to as "permission, etc.") for a subject required to be covered by mandatory disaster insurance (hereinafter referred to as "subject of mandatory insurance coverage") is revoked or changed, and therefore such subject is no longer classified as a subject of mandatory insurance coverage in accordance with relevant statues or regulations; |
| 2. | Where a subject of mandatory insurance coverage is no longer usable for its original purpose of use due to business suspension, temporary closure or discontinuation of business, an act of God, or any other similar cause; |
| 3. | Where a subject of mandatory insurance coverage is transferred; |
| 4. | Where a person obligated to subscribe to disaster safety mandatory insurance persistently fails to perform any legal obligation required to keep and manage a subject of mandatory insurance coverage, including a periodic inspection under statutes and regulations, even after a person who conducts the business related to the disaster safety mandatory insurance (hereinafter referred to as "insurance carrier") pursuant to statutes and regulations related to the disaster safety mandatory insurance, such as an insurance company and mutual aid association, demands that he or she fulfill his or her obligation within a fixed period; |
| 5. | Where a person obligated to subscribe to disaster safety mandatory insurance has subscribed to two mandatory disaster insurance contracts, therefore such person intends to cancel or terminate one of them; |
| 6. | Where an insurance carrier does not sell the relevant disaster safety mandatory insurance; |
| 8. | Other causes similar to those under subparagraphs 1 through 7, which are determined and publicly notified by the Minister of the Interior and Safety. |
[This Article Newly Inserted on Jun. 10, 2021]
| Article 84-3 (Procedures for Analysis and Assessment of Disaster Safety Mandatory Insurance) |
| (1) | Where the Minister of the Interior and Safety analyzes and assesses whether statutes and regulations concerning disaster safety mandatory insurance and the management, operation, etc. of such insurance meet the standards referred to in Article 76-2 (1) of the Act pursuant to Article 76-3 (1) of the Act, he or she shall formulate an analysis and assessment plan and notify the head of a central administrative agency, etc. who supervises statutes and regulations related to disaster safety mandatory insurance or the operation of such insurance (hereinafter referred to as the "head of a supervision agency for disaster safety mandatory insurance"). |
| (2) | Upon receipt of a notice of an analysis and assessment plan under paragraph (1), the head of a supervision agency for disaster safety mandatory insurance shall prepare data necessary for the analysis and assessment and submit it to the Minister of the Interior and Safety within three months from the receipt of the notice. |
| (3) | Where the Minister of the Interior and Safety conducts an analysis and assessment pursuant to Article 76-3 (1) of the Act, he or she shall notify the head of the relevant supervision agency for disaster safety mandatory insurance of the results thereof. |
| (4) | Where the head of a supervision agency for disaster safety mandatory insurance receives a recommendation for the amendment of relevant statutes and regulations, a recommendation for the improvement of the management and operation of disaster safety mandatory insurance, etc. (hereafter in this Article referred to as "recommendation for improvement, etc.") pursuant to Article 76-3 (2) of the Act, he or she shall formulate a plan to improve the system of disaster safety mandatory insurance referred to in Article 76-3 (3) (hereafter in this Article referred to as "system improvement plan") and submit it to the Minister of the Interior and Safety within 30 days after receipt of the recommendation for improvement, etc. If it is impossible to comply with the recommendation for improvement, etc., he or she shall submit in writing the reason therefor. |
| (5) | Where the Minister of the Interior and Safety formulates an improvement plan which incorporates a system improvement plan pursuant to Article 76-3 (3) of the Act, he or she shall report such plan to the Central Committee. |
[This Article Newly Inserted on Jun. 10, 2021]
| Article 84-4 (Methods of Requesting Data or Information on Disaster Safety Mandatory Insurance) |
| (1) | Data or information that the Minister of the Interior and Safety may request or collect pursuant to Article 76-4 (2) of the Act (hereinafter referred to as "disaster safety mandatory insurance information") shall be as follows: |
| 1. | Information prescribed by Ordinance of the Ministry of the Interior and Safety as necessary for the confirmation and management of the purchase of disaster safety mandatory insurance, including the status of purchase of insurance for a subject of mandatory insurance coverage; |
| 2. | Information about the imposition of administrative fines, etc. due to failure to purchase disaster safety mandatory insurance; |
| 3. | Status of computer systems related to disaster safety mandatory insurance. |
| (2) | Where a disaster management agency, an insurance carrier, an insurance-related organization under the Insurance Business Act, or any other similar entity requests sharing or provision of disaster safety mandatory insurance information pursuant to Article 76-4 (3) of the Act, it shall request the Minister of the Interior and Safety therefor including the following: |
| 1. | The name of the institution or organization, etc.; |
| 2. | The scope and details of the disaster safety mandatory insurance information requested for sharing or provision; |
| 3. | The purpose and period of using the disaster safety mandatory insurance information requested for sharing or provision; |
| 4. | Plans for managing disaster safety mandatory insurance information. |
| (3) | Where the Minister of the Interior and Safety shares disaster safety mandatory insurance information with any other disaster management agency or provides it to an insurance carrier, an insurance-related organization under the Insurance Business Act, or any other similar entity pursuant to Article 76-4 (3) of the Act, he or she shall share or provide it through the comprehensive information system for disaster safety mandatory insurance under Article 76-4 (1) of the Act. |
| (4) | Where a disaster management agency, an insurance carrier, an insurance-related organization under the Insurance Business Act, or any other similar entity uses disaster safety mandatory insurance information for any purpose other than the intended one or for any other wrongful purpose, such as divulging such information or providing it without authorization for use by any third person, in violation of Article 76-4 (4) of the Act, the Minister of the Interior and Safety may restrict sharing or provision of such information. |
[This Article Newly Inserted on Jun. 10, 2021]
| Article 84-5 (Disaster-Vulnerable Facilities Required to Be Covered by Insurance or Mutual Aid) |
"Facility prescribed by Presidential Decree" in the former part, with the exception of the subparagraphs, of Article 76-5 (2) of the Act means a facility specified in attached Table 3 (hereafter in this Article and Articles 84-6, 84-7, and 88-3 referred to as "facility required to be covered by insurance or mutual aid"). <Amended on Jun. 10, 2021> [This Article Newly Inserted on Jan. 6, 2017]
[Title Amended on Jun. 10, 2021]
[Moved from Article 83-3 <Jun. 10, 2021>]
| Article 84-6 (Limit of Compensation Amount of Insurances or Mutual Aids for Disaster-Vulnerable Facilities) |
| (1) | An insurance or mutual aid under Article 76-5 (2) of the Act shall fulfill all the criteria for the limit of compensation amount classified as follows: <Amended on Jun. 10, 2021> |
| 2. | In the event of property damage: To pay damages incurred to a victim in an amount not exceeding one billion won per accident. |
| (2) | Persons required to purchase an insurance or mutual aid under Article 76-5 (2) of the Act (hereafter in this Article and Article 84-7 referred to as "persons obligated to purchase insurance") shall be classified as follows: <Amended on Jun. 10, 2021> |
| 1. | Where the owner and the occupant of a facility required to be covered by insurance or mutual aid are the same person: The owner; |
| 2. | Where the owner and the occupant of a facility required to be covered by insurance or mutual aid are different persons: The occupant; |
| 3. | Where there is a person who has been granted responsibility and authority under a contract with an owner or an occupant to manage a facility required to be covered by insurance or mutual aid (hereinafter referred to as "manager") or where there is a person prescribed as a manager under any other statutes: The manager. |
| (3) | A person obligated to purchase insurance shall purchase an insurance or join a mutual aid pursuant to Article 76-5 (2) of the Act by not later than the deadline classified as follows (where the period of validity of an insurance or mutual aid expires, by not later than the expiration date thereof): <Amended on Dec. 8, 2020; Jun. 10, 2021> |
| 1. | Facilities required to be covered by insurance or mutual aid which fall under subparagraphs 1 through 7 and 20 of attached Table 3: Within 30 days from the date of permission, etc., pertaining to the relevant facilities required to be covered by insurance or mutual aid; |
| 2. | Facilities required to be covered by insurance or mutual aid which fall under subparagraphs 8 through 19 of attached Table 3: Not later than the date of commencement of the use of the relevant facilities required to be covered by insurance or mutual aid for its original purpose. |
[This Article Newly Inserted on Jan. 6, 2017]
[Title Amended on Jun. 10, 2021]
[Moved from Article 83-4 <Jun. 10, 2021>]
| Article 84-7 (Management of Purchasing Insurances or Joining Mutual Aids for Disaster-Vulnerable Facilities) |
| (1) | Pursuant to the former part of Article 76-5 (4) of the Act, the Minister of the Interior and Safety may request the head of a central administrative agency or the head of a local government who grants permission, etc. to take the following measures: <Amended on Jul. 26, 2017; Jun. 10, 2021> |
| 1. | Providing guidance to person obligated to purchase insurance on their obligations to purchase an insurance or join a mutual aid; |
| 2. | Confirming whether facilities required to be covered by insurance or mutual aid have purchased an insurance or a mutual aid; |
| 3. | Providing data on the current status of facilities required to be covered by insurance or mutual aid; |
| 4. | Taking other measures deemed necessary for the affairs related to management of purchasing an insurance or joining a mutual aid. |
| (2) | Pursuant to Article 76-5 (4) of the Act, the Minister of the Interior and Safety may request the head of a central administrative agency to collect data prescribed by Ordinance of the Ministry of the Interior and Safety regarding permission, etc. granted by the head of a local government pertaining to the affairs under the jurisdiction of the relevant central administrative agency and to submit said data to the Minister of the Interior and Safety. <Amended on Jul. 26, 2017; Jun. 10, 2021> |
| (3) | Where necessary for efficiently performing affairs related to the management of purchasing an insurance or joining a mutual aid, the Minister of the Interior and Safety may establish and operate a comprehensive information system for insurance or mutual aid. <Amended on Jul. 26, 2017; Jun. 10, 2021> |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the establishment and management of purchasing an insurance or joining a mutual aid and the establishment and operation of a comprehensive information system for insurance or mutual aid shall be determined and publicly notified by the Minister of the Interior and Safety. <Amended on Jul. 26, 2017; Jun. 10, 2021> |
[This Article Newly Inserted on Jan. 6, 2017]
[Title Amended on Jun. 10, 2021]
[Moved from Article 83-5 <Jun. 10, 2021>]
[Previous Article 85 moved to Article 83-3 <Jun. 10, 2021>]
[Previous Article 85-2 moved to Article 83 <Feb. 5, 2014>]
| Article 86 (Notice of Demanding Disciplinary Action) |
| (1) | A warning to an agency referred to in Article 77 (1) of the Act shall be given by issuing a warning letter to the relevant agency. <Newly Inserted on Jun. 30, 2015> |
| (2) | The head of an agency in receipt of a warning letter issued to the agency under paragraph (1) shall disclose the details thereof for at least 30 days on the website of the relevant agency: Provided, That where the head of the relevant agency fails to disclose the details thereof without good cause, the Minister of the Interior and Safety may disclose them directly through the website, etc. <Newly Inserted on Jun. 30, 2015; Jul. 26, 2017> |
| (4) | The head of an agency in receipt of a demand for disciplinary action, etc. under Article 77 (2) or (3) of the Act shall take appropriate measures, including disciplinary action, after conducting a self-investigation, and notify the head of the agency that has demanded disciplinary action, etc. of the details of measures taken within 60 days: Provided, That in extenuating circumstances, such as incompletion of the self-investigation, the period may be extended by up to 30 days. <Newly Inserted on Jun. 30, 2015> |
| (5) | A public official who conducts an investigation necessary for substantiating the facts under Article 77 (5) of the Act may request submission of the relevant materials and interviews with the related public officials or employees. In such cases, in order to substantiate the facts, he or she may prepare materials, such as a written confirmation, written interpellation, and written questions and answers. <Amended on Jun. 30, 2015> |
| (6) | Except as provided in paragraphs (1) through (5), necessary matters relating to the notification of a demand for disciplinary action, etc. shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Newly Inserted on Jun. 30, 2015; Jul. 26, 2017> |
[This Article Wholly Amended on Aug. 23, 2012]
[Title Amended on Jun. 30, 2015]
| Article 86-2 (Organization and Operation of Dedicated Organization Consultative Committee) |
| (1) | The dedicated organization consultative committee under Article 77 (6) of the Act (hereinafter referred to as the “dedicated organization consultative committee”) shall have a consultation on the following matters: |
| 2. | Matters relating to the improvement of investment activities; |
| 3. | Matters relating to criteria for conducting investigations and imposing dispositions; |
| 4. | Other matters deemed necessary by the chairperson of the dedicated organization consultative committee for efficient investigation activities, such as operation of a dedicated organization and prevention of overlapping investigations. |
| (2) | The dedicated organization consultative committee shall be composed of not more than 80 members, including one chairperson. |
| (3) | The head of the Disaster Safety Management Office under the Ministry of the Interior and Safety shall be the chairperson of the dedicated organization consultative committee |
| (4) | Public officials of a director-general level or higher, in charge of investigation under Article 77 (5) of the Act, or other employees corresponding thereto at disaster management agencies, shall become members of the dedicated organization consultative committee. |
| (5) | An advisory committee may be established under the dedicated organization consultative committee to seek specialized and diverse opinions on investigation activities of the dedicated organization. |
| (6) | A City/Do may have a local dedicated organization consultative committee in order to support the dedicated organization consultative committee, and matters necessary for the organization and operation of a local dedicated organization consultative committee shall be prescribed by municipal ordinance of the relevant local government. |
| (7) | Except as provided in paragraphs (1) through (6), matters necessary for the operation of the dedicated organization consultative committee shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
[This Article Newly Inserted on Jun. 2, 2020]
| Article 86-3 (Criteria for Exemption from Responsibility for Active Administration) |
| (1) | In order for the public officials, employees, and emergency rescue staff of a disaster management agency (hereafter in this Article and Article 86-4 referred to as "person eligible for exemption from responsibility") to be exempted from taking responsibility for active administration under Article 77-2 (1) of the Act, they shall meet all the following requirements: |
| 1. | Affairs, such as taking disaster prevention measures, disaster emergency measures, safety inspections, disaster management, disaster restoration, and emergency rescue activities (hereafter in this Article referred to as "relevant affairs"), shall be performed to protect public safety and the lives of people; |
| 2. | Relevant affairs have been performed proactively; |
| 3. | There shall be no intent or gross negligence on the activities of a person eligible for exemption from responsibility. |
| (2) | In applying the requirement under paragraph (1) 3, where a person eligible for exemption from responsibility is deemed to have performed affairs after meeting all the following requirements, it shall be presumed that he or she did not act with intent or gross negligence: |
| 1. | The person eligible for exemption from responsibility does not have any personal interest in relevant affairs; |
| 2. | There must have been no significant procedural defects while he or she was dealing with relevant affairs. |
[This Article Newly Inserted on Dec. 8, 2020]
| Article 86-4 (Operating Procedures for Exemption from Responsibility for Active Administration) |
| (1) | Where a person eligible for exemption from responsibility intends to be exempted from taking responsibility for active administration pursuant to Article 77-2 (1) of the Act, the person himself or herself or the head of an institution or organization he or she belongs to shall apply for exemption from responsibility to the Minister of the Interior and Safety, a relevant Mayor/Do Governor, the head of a Si/Gun/Gu, the head of a central control group or the head of a branch group, together with evidentiary materials, etc. explaining grounds for said exemption after the investigations under Article 77 (5) of the Act are completed. |
| (2) | Where the Minister of the Interior and Safety, the Mayor/Do Governor, the head of a Si/Gun/Gu, the head of the central control group, or the head of a local control group deems that the application for exemption from responsibility filed pursuant to paragraph (1) has merit, he or she shall make a decision to grant exemption and reflect such decision in dealing with the results of investigations under Article 77 (5) of the Act. |
| (3) | Where the Minister of the Interior and Safety, the Mayor/Do Governor, the head of a Si/Gun/Gu, the head of the central control group, or the head of a local control group deems that the requirements for exemption from responsibility for active administration under Article 86-3 are met after ex officio examination of matters pointed out as a result of investigations, he or she may make a decision to grant exemption from responsibility even without application for exemption under paragraph (1). |
| (4) | When the Minister of the Interior and Safety, the Mayor/Do Governor, the head of a Si/Gun/Gu, the head of the central control group, or the head of a local control group decides to grant exemption from responsibility under paragraph (2) or (3), he or she shall inform a person eligible for exemption from responsibility and the heads of agencies or organizations affiliated therewith of such fact without delay. |
| (5) | Except as provided in paragraphs (1) through (4), detailed matters relating to the operating procedures and methods for exemption from responsibility for active administration, and handling of the results thereof, etc. hall be determined and publicly notified by the Minister of the Interior and Safety. |
[This Article Newly Inserted on Dec. 8, 2020]
| Article 87 (Citations for Persons Credited with Management of Safety and Disasters) |
| (1) | The Minister of the Interior and Safety may award the Government citations and prizes to persons, institutions, organizations, etc. deemed to have significantly contributed to managing disasters and safety. <Amended on Mar. 23, 2013; Feb. 5, 2014; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The Minister of the Interior and Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu may grant a monetary reward to a person recognized to have made outstanding contribution to the diffusion of management of disasters and safety and safety culture, within the budget. <Newly Inserted on Jun. 30, 2015; Jul. 26, 2017> |
| (3) | Necessary matters relating to the criteria, methods, procedures, etc. for payment of monetary reward under paragraph (2) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Newly Inserted on Jun. 30, 2015; Jul. 26, 2017> |
[This Article Wholly Amended on Dec. 7, 2010]
[Title Amended on Jun. 30, 2015]
| Article 88 (Entrustment of Duties) |
| (1) | The Minister of the Interior and Safety may entrust a specialized safety management agency under Article 40 or a person falling under the subparagraphs of Article 79 with the following duties pursuant to Article 78 (2) of the Act: <Amended on Jun. 27, 2011; Oct. 26, 2011; Mar. 23, 2013; Feb. 5, 2014; Nov. 19, 2014; Jul. 26, 2017; Jun. 2, 2020> |
| 1. | Regular evaluation duties of the process of prevention of, preparation and countermeasure against, and recovery from disasters by phase in preparation for the occurrence of large-scale disasters specified in Article 33-2 (1) 1 of the Act; |
| 3. | Support for the commercialization of research and development project outcomes specified in Article 72 of the Act; |
| (2) | Deleted. <Jan. 3, 2023> |
| (3) | Deleted. <Jan. 3, 2023> |
| (5) | Where the Minister of the Interior and Safety entrusts affairs pursuant to paragraph (4), he or she shall publicly notify the entrusted institutions and the entrusted affairs. <Newly Inserted on Jun. 2, 2020; Jun. 10, 2021; Jan. 3, 2023> |
| (6) | The Minister of the Interior and Safety may fully or partially subsidize expenses incurred by the person entrusted with affairs pursuant to paragraph (4) in conducting the affairs. <Newly Inserted on Jun. 2, 2020; Jun. 10, 2021; Jan. 3, 2023> |
[This Article Wholly Amended on Dec. 7, 2010]
| Article 88-2 (Management of Personally Identifiable Information) |
| (1) | The State and local governments (where the relevant authority is delegated or entrusted, including persons delegated or entrusted with such authority) may manage data containing resident registration numbers or alien registration numbers specified in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if essential to perform the following: <Amended on Jun. 10, 2021> |
| 3. | Affairs related to the establishment and operation of the comprehensive information system for disaster safety mandatory insurance under Article 76-4 of the Act; |
[This Article Wholly Amended on Jan. 6, 2017]
| Article 88-3 (Re-Examination of Regulation) |
The Minister of the Interior and Safety shall examine the appropriateness of the following matters every two years from the following base dates (referring to by not later than a date immediately before every second anniversary from the base date) and shall take measures, such as making improvements: <Amended on Jul. 26, 2017; Jun. 10, 2021>
| 1. | Facilities required to be covered by insurance or mutual aid under Article 84-5: January 1, 2017; |
| 2. | Limit of amount of compensation under Article 84-6 (1): January 1, 2017. |
[This Article Newly Inserted on Jan. 6, 2017]
| Article 89 (Standards for Imposing Administrative Fines) |
[This Article Wholly Amended on Aug. 4, 2010]
ADDENDA <Presidential Decree No. 18407, May 29, 2004>
| (1) | (Enforcement Date) This Decree shall enter into force on June 1, 2004. |
| (3) | (Repeal of other Statutes and Regulations) The Enforcement Decree of the Disaster Management Act is hereby repealed. |
| (4) | (Transitional Measures concerning Master Plans for National Safety Management) The master plans for disaster prevention, implementation plans for disaster prevention, detailed implementation plans for disaster prevention, and plans for local disaster prevention formulated in accordance with the Countermeasures against Natural Disasters Act as at the time this Decree enters into force, shall be deemed countermeasures against the fields of wind and flood disaster, snow disaster, drought disaster, earthquake disaster and tidal wave under master plans for national safety management, implementation plans, detailed implementation plans, City/Do and Si/Gun/Gu safety management plans under this Decree, respectively. |
| (5) | (Relationship to Other Statutes and Regulations) Where the former Enforcement Decree of the Disaster Management Act or provisions thereof are cited in other statutes and regulations as at the time this Decree enters into force, if any corresponding provisions exist in this Decree, this Decree or the corresponding provisions in this Decree shall be deemed cited in lieu of the former provisions. |
ADDENDA <Presidential Decree No. 18580, Nov. 3, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2005.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 18873, Jun. 23, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 19145, Nov. 30, 2005>
This Decree shall enter into force on January 1, 2006.
ADDENDA <Presidential Decree No. 19162, Dec. 1, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 19206, Dec. 28, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2006.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 19463, Apr. 28, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 30, 2006.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 19563, Jun. 29, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 19929, Mar. 16, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 27, 2007.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 20192, Jul. 26, 2007>
This Decree shall enter into force on July 27, 2007.
ADDENDA<Presidential Decree No. 20247, Sep. 6, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 30, 2007.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 20402, Nov. 30, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 20442, Dec. 13, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 20581, Jan. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 4, 2008.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 20741, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 20763, Apr. 3, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 7, 2008.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 20947, Jul. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 4, 2009. (Proviso Omitted.)
Articles 2 through 28 Omitted.
ADDENDA <Presidential Decree No. 21020, Sep. 18, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 22, 2008.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21146, Dec. 3, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 6, 2008.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21263, Jan. 14, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 21565, Jun. 26, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 30, 2009: Provided, That ....<Omitted.>... Article 3 of the Addenda shall enter into force on the date of its promulgation. Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 21744, Sep. 21, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 1, 2009.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21882, Dec. 14, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 21887, Dec. 15, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 21904, Dec. 24, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2010.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22269, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 22318, Aug. 4, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22511, Dec. 7, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 9, 2010: Provided, That the part concerning the national disaster management standards under the amended provisions of Article 42-3 (1), and the amended provisions of Article 42-4 shall enter into force on June 9, 2011. Article 2 (Applicability to Emergency Rescue and Relief Support Agencies Excluded from Evaluations)
| (1) | The amended provisions of Article 66-4 (1) 1 shall begin to apply from the first emergency rescue and relief support agency that underwent an emergency preparedness drill in 2010. |
| (2) | The amended provisions of Article 66-4 (2) shall begin to apply from the first emergency rescue and relief support agency that either underwent a comprehensive evaluation on its emergency rescue activities in 2009 or 2010 or has entered into an agreement for assistance on emergency rescue activities with any emergency rescue agencies. |
ADDENDA <Presidential Decree No. 22564, Dec. 29, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 30, 2010. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 22647, Jan. 28, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22962, Jun. 7, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 15, 2011.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 22977, Jun. 24, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 22982, Jun. 27, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 30, 2011: Provided, That the amended provisions of Article 67 shall enter into force on September 9, 2011. Article 2 (Special Case concerning Use of Disaster Management Funds)
Notwithstanding the amended provisions of Article 74, a Mayor/Do Governor or the head of a Si/Gun/Gu may use disaster management funds for implementing comprehensive improvement measures against disasters in response to climate change formulated to rehabilitate the severe rain storm damages occurred in September 2010 and to prevent recurrence of disasters similar thereto. Article 3 (Transitional Measures concerning Uses of Disaster Management Funds)
Article 74 shall apply to the uses of the disaster management funds for six months after the date this Decree enters into force, unless a municipal ordinance of a relevant local government is enacted.
ADDENDA <Presidential Decree No. 23263, Oct 26, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Comprehensive Safety Technology Development Plan)
The comprehensive safety technology development plan, prepared according to former regulations as at the time this Decree enters into force, shall be regarded as a comprehensive disaster and safety technology development plan established according to Article 77 (1).
ADDENDA <Presidential Decree No. 23356, Dec. 8, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 8, 2011. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23535, Jan. 25, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 26, 2012.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 23644, Feb. 29, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 23713, Apr. 10, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 24069, Aug. 23, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24425, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That amended parts of the Presidential Decree which has been promulgated before this Decree enters into force but the enforcement date of which has not arrived yet, among the Presidential Decrees amended pursuant to Article 6 of the Addenda, shall enter into force on the date on which each relevant Presidential Decree enters into force. Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 24466, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 24474, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 24557, May 31, 2013>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24994, Dec. 11, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 25139, Feb. 5, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 7, 2014: Provided, That the amended provisions of Articles 2-2, 43-8 and 43-9 shall enter into force on August 7, 2014. Article 2 (Applicability to Period of Keeping Records of Disaster States)
The amended provisions of Article 76 (2) shall also apply to the records of disaster states for which three years have not elapsed since the year following the completion of the restoration of disaster, among the records of disaster states prepared before this Decree enters into force. Article 3 Omitted.
ADDENDA <Presidential Decree No. 25375, Jun. 11, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25456, Jul. 14, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 15, 2014.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 25478, Jul. 16, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 17, 2014.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended parts of the Presidential Decrees promulgated before this Decree enters into force, and the enforcement dates of which have not arrived yet, among the Presidential Decrees amended pursuant to Article 5 of the Addenda, shall enter into force on the enforcement dates of such Presidential Decrees, respectively. Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25985, Jan. 6, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 26285, May 26, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 26373, Jun. 30, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the following amended provisions shall enter into force on the date prescribed in the relevant subparagraph:
| 1. | Amended provisions of Articles 10-2, 18-2, and 86 (1) and (2): June 30, 2015; |
| 2. | Amended provisions of Article 66-2 (1) 1 (a) and (b): January 1, 2016. |
Article 3 (Transitional Measures concerning Evaluation of Disaster and Safety Management Projects in 2016)
| (1) | Notwithstanding the amended provisions of Article 10-2 (1), the Minister of Public Safety and Security shall formulate an implementation plan for evaluating projects to be executed in 2016 by not later than August 31, 2015, and notify the heads of relevant central administrative agencies thereof. |
| (2) | Notwithstanding the amended provisions of Article 10-2 (2), the head of a central administrative agency in receipt of the notification under paragraph (1) shall determine the performance goals, etc. in accordance with the implementation plan for project evaluation and submit it to the Minister of Public Safety and Security by no later than October 31, 2015. |
| (3) | Notwithstanding the amended provisions of Article 10-2 (3), the Minister of Public Safety and Security shall finalize the performance goals, etc. by no later than December 31, 2015, after getting advice from the evaluation counsel committee comprised of public officials belonging to the relevant central administrative agencies and the relevant experts and gathering consensus from the heads of the relevant central administrative agencies about the performance goals, etc. submitted under paragraph (2). |
ADDENDA <Presidential Decree No. 26439, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 29, 2015.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 26825, Dec. 30, 2015>
This Decree shall enter into force on December 31, 2015.
ADDENDA <Presidential Decree No. 26896, Jan. 12, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 25, 2016.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 26930, Jan. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 25, 2016.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 27110, Apr. 26, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That ---<Omitted>--- the provisions of Article 2 of the Addenda shall enter into force on July 1, 2016. Article 2 Omitted.
ADDENDA <Presidential Decree No. 27572, Nov. 1, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 27768, Jan. 6, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 8, 2017.
Article 2 (Applicability to Restriction on Consecutive Appointment of Committee Members)
Restriction on the consecutive appointment of Committee members under the amended provisions of Article 43-11 (5) shall also apply to the Committee members who have been commissioned as at the time this Decree enters into force. Article 3 (Special Cases concerning Establishment and Operation of Disaster and Safety Management Centers)
Any disaster and safety management center established before this Decree enters into force, but failing to meet the requirements prescribed in the amended provisions of Article 23 (1), as at the time this Decree enters into force, shall meet the requirements for its establishment and operation prescribed in the amended provisions by no later than December 31, 2017. Article 4 (Special Cases concerning Contracting Insurance)
Notwithstanding the amended provisions of Article 83-3 (3), facilities subject to insurance, etc., but uninsured as at the time this Decree enters into force, shall be insured, etc. within six months from the date this Decree enters into force. Article 5 (Transitional Measures concerning Deadline for Finalizing City/Do Safety Management Plans)
Notwithstanding the amended provisions of Article 29 (3), the deadline for finalizing City/Do safety management plans and Si/Gun/Gu safety management plans for the year 2017 shall be governed by the former provisions. Article 6 (Transitional Measures concerning Emergency Rescue Training)
| (1) | A person who has received emergency rescue training pursuant to the former provisions before this Decree enters into force, shall be deemed to have received initial training pursuant to the amended provisions of Article 66 (1) 1. |
| (2) | A person deemed to have received initial training pursuant to paragraph (1) shall receive regular training under the amended provisions of Article 66 (1) 2 once every two years from the date he or she has received the relevant training (where training has been received at least twice, referring to the most recent date he or she has received the training), deeming such date as the date he or she has received the initial training. |
Article 7 (Transitional Measures concerning Administrative Fines)
| (1) | Notwithstanding the amended provisions of attached Table 5, the application of criteria for imposing administrative fines against violations committed before this Decree enters into force, shall be governed by the former provisions. |
| (2) | Dispositions of administrative fines imposed due to violations committed before this Decree enters into force, shall be included in calculating the frequency of violations under the amended provisions of attached Table 5. |
ADDENDA <Presidential Decree No. 28037, May 8, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 30, 2017.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 28074, May 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 30, 2017.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 28190, Jul. 17, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 18, 2017.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of any Presidential Decree that was promulgated before this Decree enters into force, and has yet to enter into force, among the Presidential Decrees amended pursuant to Article 8 of the Addenda, shall enter into force on the respective date the relevant Decree enters into force. Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 28266, Sep. 5, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 28586, Jan. 16, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 18, 2018. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 28591, Jan. 18, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 (Transitional Measures concerning Performance Goals Submitted for Evaluation of Projects Implemented in Year 2018)
Performance goals, etc. submitted by the heads of central administrative agencies pursuant to the former Article 10-2 (2) for the evaluation of projects implemented in the year 2018 shall be deemed the performance goals, etc. submitted pursuant to the amended provisions of Article 10-2 (1). Article 3 Omitted.
ADDENDA <Presidential Decree No. 28799, Apr. 17, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 17, 2018.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 28846, Apr. 30, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 1, 2018. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 28866, May 8, 2018>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28995, Jun. 26, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 27, 2018.
Articles 2 through 3 Omitted.
ADDENDA <Presidential Decree No. 29165, Sep. 18, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 29489, Jan. 15, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 17, 2019.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 29498, Jan. 22, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 28, 2019.
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 29518, Feb. 8, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 3 Omitted.
ADDENDA <Presidential Decree No. 29849, Jun. 11, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2019.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 30050, Aug. 27, 2019>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 30325, Jan. 7, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 74 shall enter into force three month after the date of its promulgation. Article 2 (Special Cases concerning Enrollment in Insurance)
Notwithstanding the amended provisions of subparagraph 17 of attached Table 3, a mandatory enrollee of a facility newly included in the facility subject to enrollment under the amended provisions of subparagraph 17 of attached Table 3 shall enroll in insurance, etc. within six months from the date this Decree enters into force.
ADDENDA <Presidential Decree No. 30595, Apr. 2, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Purpose of Use of Disaster Management Funds and Use of Amount of Statutory Deposit)
The disaster management fund and the amount of statutory deposits that have been used before this Decree enters into force as local financial resources (including apportionment to a local government for a subsidy project) to provide support to micro enterprises and vulnerable groups struggling financially due to the coronavirus pandemic and to pay for disaster management for coronavirus infections shall be deemed to have been used under the amended provisions of Article 75-2.
ADDENDA <Presidential Decree No. 30704, May 26, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 27, 2020.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 30731, Jun. 2, 2020>
This Decree shall enter into force on June 4, 2020.
ADDENDA <Presidential Decree No. 30876, Jul. 28, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 30, 2020.
Articles 2 through 15 Omitted.
ADDENDUM <Presidential Decree No. 30989, Sep. 2, 2020>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 31012, Sep. 10, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 10, 2020.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 31013, Sep. 11, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 12, 2020.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 31211, Dec. 1, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 10, 2020.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 31225, Dec. 8, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 10, 2020: Provided, That the amended provisions of Article 15 (2) and (4) through (6) shall enter into force on the date of promulgation of this Decree. Article 2 (Special Cases concerning Enrollment in Insurance)
Notwithstanding the amended provisions of Article 83-4 (3) 1, a mandatory enrollee of a facility newly included in the facility subject to enrollment under the amended provisions of subparagraph 20 of attached Table 3 shall enroll in insurance, etc. within six months from the date this Decree enters into force.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 31576, Mar. 30, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 1, 2021. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 31617, Apr. 13, 2021>
This Decree shall enter into force on April 21, 2021.
ADDENDUM <Presidential Decree No. 31765, Jun. 10, 2021>
This Decree shall enter into force on June 10, 2021.
ADDENDA <Presidential Decree No. 32026, Oct. 5, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 14, 2021.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 32563, Apr. 5, 2022>
This Decree shall enter into force on April 5, 2022.
ADDENDA <Presidential Decree No. 32697, Jun. 14, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 16, 2022.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 32725, Jun. 28, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 29, 2022.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 32877, Aug. 23, 2022>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 33023, Dec. 6, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 8, 2022.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 33198, Jan. 3, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 5, 2023.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 33578, Jun. 27, 2023>
This Decree shall enter into force on the date of its promulgation.