FIREFIGHTING OFFICIALS ACT
Act No. 7360, Jan. 27, 2005
Wholly Amended by Act No. 3593, Dec. 31, 1982
Amended by Act No. 3800, Dec. 28, 1985
Act No. 4420, Dec. 14, 1991
Act No. 4992, Dec. 6, 1995
Act No. 5291, Jan. 13, 1997
Act No. 5569, Sep. 19, 1998
Act No. 6436, Mar. 28, 2001
Act No. 6485, May 24, 2001
Act No. 6551, Dec. 29, 2001
Act No. 7186, Mar. 11, 2004
Act No. 7255, Dec. 30, 2004
Act No. 7360, Jan. 27, 2005
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| Article 1 (Purpose) |
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The purpose of this Act is to provide a special case of the State Public Officials Act and the Local Public Officials Act, the case of fire officials (referring to the state fire officials and the local fire officials; hereinafter the same shall apply), in terms of their appointment, training, official duties, job security, etc., in view of the importance of their responsibilities or official duties and of the uniqueness of their status and job conditions.
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| Article 2 (Ranks) |
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The ranks of fire officials shall be divided into the following ways: <Amended by Act No. 4992, Dec. 6, 1995; Act No. 7255, Dec. 30, 2004>
Fire Commander;
Fire Chief;
Fire Deputy Chief;
Fire Sub-deputy Chief;
Fire Assistant Chief;
Fire Battalion Chief;
Fire Marshall;
Fire Captain;
Fire Lieutenant;
Fire Engineer; and
Firefighter; and
Local Fire Chief;
Local Fire Deputy Chief;
Local Fire Sub-deputy Chief
Local Fire Assistant Chief;
Local Fire Battalion Chief;
Local Fire Marshall;
Local Fire Captain;
Local Fire Lieutenant;
Local Fire Engineer; and
Local Firefighter.
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| Article 3 (Establishment of Personnel Committee for Fire Officials) |
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| (1) | As an advisory committee to deal with the questions raised by the Administrator of the National Emergency Management Agency, the Special Metropolitan City Mayor, Metropolitan City Mayor or Do governor (hereinafter referred to as the "Mayor/Do governor") concerning important personnel administrative matters with respect to the fire officials, a personnel committee for fire officials (hereinafter referred to as the "Personnel Committee") shall be established at the National Emergency Management Agency, Special Metropolitan City, Metropolitan City and Do (hereinafter referred to as the "City/Do"), respectively. <Amended by Act No. 4420, Dec. 14, 1991; Act No. 4992, Dec. 6, 1995; Act No. 5569, Sep. 19, 1998; Act No. 7186, Mar. 11, 2004> |
| (2) | Necessary matters for the composition and operation of the Personnel Committee shall be determined by the Presidential Decree. |
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| Article 4 (Function of Personnel Committee) |
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The Personnel Committee shall deliberate on the following subject matters: <Amended by Act No. 4420, Dec. 14, 1991; Act No. 5569, Sep. 19, 1998; Act No. 7186, Mar. 11, 2004>
| 1. | The basic line of policy, criteria and basic plan for the personnel administration with respect to the fire officials; |
| 2. | Matters concerning the legislation, amendment or repeal of Acts and subordinate statutes on the personnel administration with respect to the fire officials; and |
| 3. | Other matters brought up for discussion of the Personnel Committee by the Administrator of the National Emergency Management Agency or the Mayor/Do governor. |
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| Article 5 (Person who has Right for Appointment) |
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| (1) | The appointment of the state fire officials shall be made according to the following distinctions: <Amended by Act No. 5569, Sep. 19, 1998; Act No. 7186, Mar. 11, 2004; Act No. 7255, Dec. 30, 2004> |
| 1. | The state fire officials not less than the fire battalion chief shall be first nominated by the Minister of Government Administration and Home Affairs upon the recommendation of the Administrator of the National Emergency Management Agency, and then, by way of the Prime Minister after consultation with the Civil Service Commission, shall be appointed by the President: Provided, That transfer of position, temporary retirement from office, cancellation of official position, suspension of official position and reinstatement of the state fire officials not higher than the fire sub-deputy chief shall be ordered by the Administrator of the National Emergency Management Agency; and |
| 2. | The state fire officials not higher than the fire marshall shall be appointed by the Administrator of the National Emergency Management Agency. |
| (2) | The local fire officials shall be appointed by the Mayor/Do governor. <Amended by Act No. 4420, Dec. 14, 1991> |
| (3) | Under the conditions as prescribed by the Presidential Decree, the person who has the right for the appointment of the fire officials as prescribed in paragraphs (1) and (2) may delegate or entrust part of his rights to the head of a subordinate agency concerned or to the head of a fire organization. |
| (4) | Under the conditions as prescribed by the Presidential Decree, the person who has the right for the appointment (including the person who has been delegated or entrusted with the said right for the appointment; hereinafter the same shall apply) shall prepare and keep on file, the personnel record of the fire officials under his jurisdiction. |
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| Article 6 (New Employment) |
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| (1) | New employment of fire officials shall be made by an employment test of open competition: Provided, That new employment of fire captain and a local fire captain shall be made from among the persons who are qualified enough in view of the qualifications as prescribed by the Presidential Decree, who have been selected through an employment test of open competition (hereinafter referred to as the "candidate for fire executive positions") and who have finished with certain training or education for fire officials. |
| (2) | In one of the following cases, new employment of the fire officials may be made through special employment tests (hereinafter referred to as the "special employment"): <Amended by Act No. 3800, Dec. 28, 1985; Act No. 4420, Dec. 14, 1991; Act No. 6436, Mar. 28, 2001> |
| 2. | In a case where employment by an employment test of open competition is not appropriate and, at the same time, a person is to be employed who is in possession of a license related to the field for which the said employment is to be made; |
| 3. | In a case where a person is to be employed who has career achievement or research achievement appropriate for the position to be filled through the said employment or who received professional technical training on firefighting; |
| 4. | In a case where a person who passed such an employment test of open competition for the public officials of Grade V as prescribed by the State Public Officials Act or the Local Public Officials Act, or who passed such a Korean Bar examination as prescribed in the Korean Bar Examination Act, is to be employed as a fire public official not higher than the fire battalion chief or the local fire battalion chief; |
| 6. | In a case where a person is to be employed who is well versed in a foreign language; |
| 7. | In a case where a police official is to be employed as a fire official of a grade corresponding to the current grade of the said police official; and |
| 8. | In a case where a volunteer firefighter who has firefighting experience is to be employed, for the pertinent City/Do, as a local fire official of the grade of a local firefighter. |
| (3) | Deleted. <by Act No. 7255, Dec. 30, 2004> |
| (4) | In a case of special employment as prescribed paragraph (2), and where there are not less than two persons who fall under one same reason for the special employment, they may be put under a limited competition to be screened for employment. |
| (5) | Necessary matters concerning the grades of the fire officials who may be employed through the special employment method as prescribed in paragraph (2), concerning the training or education of the candidate for fire executive positions, concerning the classification of the licenses related to the positions to be filled, concerning the career achievement and the research achievement, concerning the region in which just and courageous volunteer firefighters may be employed as local fire officials and, in the case where such an employment has been made, their promotion and transfer of the position, shall be prescribed by the Presidential Decree. <Amended by Act No. 3800, Dec. 28, 1985> |
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| Article 7 (Exchange, etc. between State Fire Officials and Local Fire Officials) |
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| (1) | In a case where a state fire official is to be appointed as a local fire official of a grade corresponding to the current grade of the said state fire official, or vice versa, a special employment test need not be gone through for the said appointment. |
| (2) | In a case where the number of the candidates, enlisted on the list of candidates for new employment of fire officials or on the list of candidates for promotion of fire officials (including the list of candidates for promotion through evaluation and the list of candidates for promotion through written tests; hereafter the same shall apply in this paragraph), falls short of the number of vacant positions of fire officials to be filled, and the person who has the right for appointment acknowledges that it is particularly necessary for proper personnel management, the said person with the appointment right may regard the list of candidates for new employment as a fire official or the list of candidates for promotion as a fire official, drawn up with respect to the specific grades of the vacant positions by another person with the appointment right, as the list of candidates for appointment of fire officials of his own agency; and, using the said list, may appoint fire officials who may fill in the vacant positions. In this case, the person with the appointment right shall consult with the person with the appointment right over the fire officials to be thus recruited by the former. |
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| Article 8 (Trial Employment) |
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| (1) | In a case where new employment of fire officials are to be made, the fire officials who are not higher than the fire lieutenant or the local fire lieutenant shall be first employed for the trial period of six months only, and the fire officials who are not lower than the fire captain or the local fire captain, for the trial period of one year only; and the above fire officials employed temporarily shall be appointed as regular fire officials the day after the expiration of their respective trial period: Provided, That in such a case as prescribed by the Presidential Decree, the trial employment may be exempted or the period of the trial employment may be shortened. <Amended by Act No. 3800, Dec. 28, 1985> |
| (2) | The period of temporary retirement from office, the period of cancellation of official position and the period of the suspension of official position or the deduction of salary taken as a disciplinary action, shall not be included in the period of the trial employment as prescribed in paragraph (1). |
| (3) | The period during which the training and education, having something to do with the appointment of fire officials, has been received before the appointment as fire officials at a fire officials training and educational institute, shall be included in the period of the trial employment as prescribed in paragraph (1). |
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| Article 9 (Test Conducting Agency) |
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| (1) | The new employment tests and the promotion tests for the state fire officials and the tests for electing the candidate for fire executive positions, shall be conducted by the Administrator of the National Emergency Management Agency: Provided, That in a case where the Administrator of the National Emergency Management Agency acknowledges it to be necessary, he may delegate part of his rights concerning the said tests to the head of a subordinate agency concerned or to the head of a fire organization, under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 5569, Sep. 19, 1998; Act No. 7186, Mar. 11, 2004> |
| (2) | The new employment tests for the local fire officials not lower than the local fire battalion chief, the test for advancement to the local fire captain and the test for electing candidates for local fire executive positions, shall be conducted by the Administrator of the National Emergency Management Agency at the request by the person who has the right for appointment: Provided, That in a case where the Administrator of the National Emergency Management Agency acknowledges it to be necessary, he may delegate the said tests to the head of such a firefighting school as prescribed in Article 15 (1), so that the latter may vicariously conduct the said tests. <Amended by Act No. 5569, Sep. 19, 1998; Act No. 7186, Mar. 11, 2004> |
| (3) | The new employment tests for fire officials not higher than the local fire marshall and the test for advancement to such grades that are not higher than the local fire battalion chief (excluding the local fire captain), shall be conducted by the Mayor/Do governor. In this case, the Mayor/Do governor may entrust the execution of the tests for advancement to the local fire battalion chief and to the local fire marshall respectively to the head of such a firefighting school as prescribed in Article 15 (1), under the adjustment directions by the Administrator of the National Emergency Management Agency. <Amended by Act No. 3800, Dec. 28, 1985; Act No. 4420, Dec. 14, 1991; Act No. 5569, Sep. 19, 1998; Act No. 7186, Mar. 11, 2004> |
| (4) | In a case where the Administrator of the National Emergency Management Agency acknowledges that the test for electing candidates for local fire executive positions as prescribed in paragraph (2) is necessary in order to secure competent human resources, he may encourage the relevant person with the appointment right to make the request, as prescribed in paragraph (2), for the execution of the said test with respect to a certain percentage of the vacant local fire captain positions. In this case, the person with the appointment right thus encouraged shall comply with the encouragement, unless he may be justified otherwise on some legitimate ground. <Added by Act No. 4992, Dec. 6, 1995; Act No. 5569, Sep. 19, 1998; Act No. 7186, Mar. 11, 2004> |
| (5) | The number of the candidates for local fire executive positions to be elected by the test as prescribed in paragraph (4) shall be determined by the Administrator of the National Emergency Management Agency, after taking into consideration the number of the local fire officials currently working for, the fixed number, the vacant positions and the promotion conditions of the local fire captains of the local government concerned. <Added by Act No. 4992, Dec. 6, 1995; Act No. 5569, Sep. 19, 1998; Act No. 7186, Mar. 11, 2004> |
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| Article 10 (Qualifications for Taking Appointment Tests and Execution Methods Thereof) |
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The qualifications for taking the new employment tests or the promotion tests for fire officials, or the test for electing the candidate for fire executive positions, the execution methods of the said tests and other necessary matters concerning the execution of the said tests, shall be determined by the Presidential Decree.
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| Article 11 (List of Candidates for Appointment) |
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| (1) | The head of the test conducting agency as prescribed in Article 9 shall send the list of the persons who passed the relevant test to the person who has the right for appointment. |
| (2) | Under the conditions as prescribed by the Presidential Decree, the person who has the right for appointment shall enlist, in the order of the test score, the persons who passed the new employment tests (including the persons who passed the test for electing the candidate for fire executive positions, and then, have finished with certain courses of training and education) and the persons who passed the promotion tests on the list of candidates for new employment and on the list of candidates for promotion through written tests, respectively. |
| (3) | The term of validity for the lists as prescribed in paragraph (2) shall be determined, within the maximum limit of 2 years, by the Presidential Decree: Provided, That if necessary, the person who has the right for appointment may extend the said term of validity within the maximum limit of 1 year. |
| (4) | Necessary matters concerning the preparation and management of the lists as prescribed in paragraph (2) shall be determined by the Presidential Decree. |
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| Article 12 (Promotion) |
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| (1) | Promotion of the lower-grade fire officials shall be governed by their service record, their career evaluation and other actual achievements of their capabilities. |
| (2) | Promotion to a position lower than fire sub-deputy chief or local fire sub-deputy chief shall be made through promotion evaluation: Provided, That the promotion to a position lower than fire battalion chief or local fire battalion chief may also be made through test at a rate prescribed by the Presidential Decree. <Amended by Act No. 7255, Dec. 30, 2004> |
| (3) | For those lower than fire assistant chief or local fire assistant chief, a list of candidates for promotion by rank shall be made prepared as prescribed by the Presidential Decree. <Amended by Act No. 7255, Dec. 30, 2004> |
| (4) | Promotion to a position lower than fire sub-deputy chief or local fire sub-deputy chief shall be made in the order of the list of the candidates for promotion through evaluation as prescribed in Article 13 (3): Provided, That in the case of test for promotion to a position lower than fire battalion chief or local fire battalion chief shall be made in the order of the list of candidates for promotion after a written test pursuant to the provisions of Article 11 (2). <Amended by Act No. 7255, Dec. 30, 2004> |
| (5) | Deleted. <by Act No. 7255, Dec. 30, 2004> |
| (6) | The minimum year of service needed for promotion of each grade of fire officials, limitations put on the promotion of fire officials and other necessary matters concerning the promotion of fire officials, shall be determined by the Presidential Decree. |
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| Article 13 (Promotion Evaluation Committee) |
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| (1) | In order to conduct the promotion evaluation as prescribed in Article 12 (2), the central promotion evaluation committee shall be established within the National Emergency Management Agency and the general promotion evaluation committee in the National Emergency Management Agency, Cities/Dos and firefighting schools pursuant to the provisions of Article 15 (1). <Amended by Act No. 4420, Dec. 14, 1991; Act No. 5569, Sep. 19, 1998; Act No. 7186, Mar. 11, 2004; Act No. 7255, Dec. 30, 2004> |
| (2) | The promotion evaluation committee established in accordance with paragraph (1) shall evaluate and elect the candidates for promotion within the range of five times the number of the vacant positions to be filled by promoted persons, picked according to the priority order of the list of the fire officials subject to the promotion evaluation drawn up by the grades of fire officials in accordance with Article 12 (3). |
| (3) | With respect to the candidates for promotion elected in accordance with paragraph (2), the head of the government agency within which the promotion evaluation committee is established shall draw up, by the grades of the fire officials involved, the lists of the candidates for promotion through evaluation. |
| (4) | Necessary matters concerning the composition, jurisdiction and operation of the promotion evaluation committee shall be determined by the Presidential Decree. |
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| Article 14 (Special Promotion of Persons of Special Merits, etc.) |
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As for the fire officials who died in the line of duty, a person official who falls under the provisions of Article 40-4 (1) 1 through 4 of the State Public Officials Act, and a person who falls under the provisions of Article 39-3 (1) 1 through 4 of the Local Public Officials Act, they may be specially promoted, despite the provisions of Article 12, by 1 grade under the conditions as prescribed by the Presidential Decree: Provided, That as for the fire officials, not higher than the fire captain or the local fire captain, who rendered such a distinguished service as constitutes an example to the whole of the fire officials and then died in the line of duty, they may be specially promoted by 2 grades. <Amended by Act No. 4420, Dec. 14, 1991>
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| Article 14-2 (Reward for Meritorious Actions) |
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| (1) | The fire officials who died in the course of performing a firefighting service, a rescuing service or other emergency services or of educational training related to them (including the fire officials who died of their wounds; hereafter the same shall apply in this Article), the fire officials who retired on account of their wounds (including the diseases they contracted in the course of performing a firefighting or rescuing service or other emergency services or of educational training related to them, and limited only to such wounds as fall under the categorizations of wounds as prescribed by the Presidential Decree in accordance with Article 6-4 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State; hereafter the same shall apply in this Article), and the bereaved families or the families of the said fire officials; these shall be treated honorably in accordance with the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 5291, Jan. 13, 1997; Act No. 6485, May 24, 2001> |
[This Article Added by Act No. 4992, Dec. 6, 1995]
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| Article 15 (Training and Education) |
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| (1) | The Administrator of the National Emergency Management Agency shall comprehensively plan and coordinate training and educational programs of fire officials so that all of the fire officials may be given equal training and educational opportunities, and shall establish and operate firefighting schools for training and educating fire officials. <Amended by Act No. 5569, Sep. 19, 1998; Act No. 7186, Mar. 11, 2004> |
| (2) | The Mayor/Do governor may establish and operate training and educational institutes for training and educating the fire officials of the sphere of his jurisdiction. <Amended by Act No. 4420, Dec. 14, 1991> |
| (3) | If necessary for proper training and education of fire officials, the Administrator of the National Emergency Management Agency or the Mayor/Do governor may assign fire officials to domestic or foreign educational institutes, and have the said fire officials educate at the said educational institutes for a certain period, under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 4420, Dec. 14, 1991; Act No. 5569, Sep. 19, 1998; Act No. 7186, Mar. 11, 2004> |
| (4) | Necessary matters concerning the planning and coordination on education and training for fire officials and the establishment and operation of institutes of education and training for fire officials prescribed in the provisions of paragraphs (1) and (2) and the official duties of the fire officials who have received the education as prescribed in paragraph (3), shall be determined by the Presidential Decree. <Amended by Act No. 7255, Dec. 30, 2004> |
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| Article 16 (Prohibition of False Report, etc.) |
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| (1) | Fire officials shall not make false reports or notifications with respect to their official duties. |
| (2) | Fire officials shall not neglect or abandon their official duties. |
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| Article 17 (Prohibition of Abuse, etc. of Commanding Power) |
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A person who commands and supervises fire officials at the time of a firefighting service, a rescuing service or other emergency services shall not refuse or abandon his commanding or supervising duty, and shall not have fire officials advance from, retreat from or break away from their designated work place, unless he may be justified otherwise on some legitimate ground. <Amended by Act No. 4992, Dec. 6, 1995>
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| Article 18 (Uniform) |
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| (1) | Fire officials shall wear their uniforms. |
| (2) | Necessary matters concerning the fire officials' uniforms shall be determined by the Ministerial Decree of Government Administration and Home Affairs. <Amended by Act No. 5569, Sep. 19, 1998> |
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| Article 19 (Provisions concerning Official Duties) |
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| Article 20 (Retirement Age) |
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| (1) | The retirement ages of fire officials are as follows: <Amended by Act No. 3800, Dec. 28, 1985; Act No. 4420, Dec. 14, 1991; Act No. 5569, Sep. 19, 1998; Act No. 6551, Dec. 29, 2001; Act No. 7255, Dec. 30, 2004> |
| 1. | Retirement age on account of age limit: |
Fire officials not lower than the fire battalion chief or the local fire battalion chief--60 years old; and Fire officials not higher than the fire marshall or the local fire marshall--57 years old; and
| 2. | Retirement on account of the period limit of a rank: |
Fire deputy chief or local fire deputy chief--4 years;
Fire sub-deputy chief or local fire sub-deputy chief--6 years;
Fire assistant chief or local fire assistant chief--11 years; and
Fire battalion chief or local fire battalion chief--14 years.
| (2) | In the calculation of the period of having served in the position of a rank for the case of retirement on account of the period limit of a rank as prescribed in paragraph (1) 2, the number of the years served in the position of a rank corresponding to the rank in question as a state fire official, a local fire official, or a police officer shall be included in such period, regardless of how many years in total he has served as a fire or police official. |
| (3) | Deleted. <by Act No. 5569, Sep. 19, 1998> |
| (4) | Under the circumstances of a war, a disaster, or other emergency situations corresponding to the said war or disaster, the Administrator of the National Emergency Management Agency or the Mayor/Do governor may postpone, within the maximum limit of 2 years, the retirement on account of the period limit of a rank as prescribed in paragraph (1) 2. As for the state fire officials above the fire battalion chief, in this case, postponement of their retirement shall, by recommendation of the Minister of Government Administration and Home Affairs and by way of the Prime Minister after consultation with the Civil Service Commission, be approved by the President. <Amended by Act No. 4420, Dec. 14, 1991; Act No. 5569, Sep. 19, 1998; Act No. 7186, Mar. 11, 2004; Act No. 7255, Dec. 30, 2004> |
| (5) | Fire officials shall be automatically removed from the pay roll of the fire officials of current service on the 30th of June in the case where the dates on which they reached their retirement ages fall somewhere between January and June; and on the 31st of December in the case where the dates on which they reached their retirement ages fall somewhere between July and December. |
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| Article 21 (Review Request) |
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The fire officials who received a written explanation of the reason(s) for such a disposition as prescribed in Article 75 of the State Public Officials Act or Article 67 (1) of the Local Public Officials Act, or the fire officials against whom a disadvantageous disposition, other than the dispositions as prescribed in Article 75 of the State Public Officials Act and Article 67 (1) of the Local Public Officials Act, has been taken contrary to their wishes, may request, if they cannot accept the said disposition as it is, for a review of the disposition in question within 30 days from the date on which the written explanation has been received or within 30 days from the date on which the disposition in question has been found out to have been taken, respectively. In this case, the state fire officials shall file the said request for review with the Appeals Review Committee established in accordance with the State Public Officials Act through the Administrator of the National Emergency Management Agency; and the local fire officials, with the Local Public Officials Appeals Review Committee established in accordance with the Local Public Officials Act, respectively. In this case, the fire officials concerned may elect lawyers as their agents. <Amended by Act No. 4420, Dec. 14, 1991; Act No. 4992, Dec. 6, 1995; Act No. 5569, Sep. 19, 1998; Act No. 7186, Mar. 11, 2004>
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| Article 22 (Grievance Review Committee) |
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| (1) | In order to council on the career management of fire officials and to deliberate upon grievances of fire officials, Fire Officials' Grievances Review Committee shall be established in the National Emergency Management Agency, City/Do, and such fire agencies as prescribed by the Presidential Decree. <Amended by Act No. 4420, Dec. 14, 1991; Act No. 5569, Sep. 19, 1998; Act No. 7186, Mar. 11, 2004> |
| (2) | The state fire officials' requests for review of the matters which have gone through the deliberation of the Fire Officials' Grievances Review Committee, and career management counselling and grievances of the state fire officials not lower than the fire battalion chief shall be dealt with by the Central Grievances Review Committee established in accordance with the State Public Officials Act; the local fire officials' requests for review of the matters which have gone through the deliberation of the Fire Officials' Grievances Review Committee, and career management counselling and grievances of the local fire officials not lower than the local fire battalion chief, by the City or Do personnel committee established in accordance with the Local Public Officials Act. <Amended by Act No. 4420, Dec. 14, 1991> |
| (3) | Necessary matters concerning the composition, deliberation procedures and operation of the Fire Officials' Grievances Review Committee, shall be determined by the Presidential Decree. |
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| Article 23 (Disciplinary Action Committee) |
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| (1) | Resolution on a disciplinary action against a state fire official not lower than the fire sub-deputy chief shall be passed by the Disciplinary Action Committee established under the control of the Prime Minister in accordance with the State Public Officials Act. <Amended by Act No. 7255, Dec. 30, 2004> |
| (2) | Fire Officials' Disciplinary Action Committee shall be established within the National Emergency Management Agency, a City/Do, and such fire agencies as prescribed by the Presidential Decree, so that the said Committee may pass resolutions on disciplinary actions against the state fire officials and the local fire officials not higher than the fire assistant chief. <Amended by Act No. 4420, Dec. 14, 1991; Act No. 5569, Sep. 19, 1998; Act No. 7186, Mar. 11, 2004> |
| (3) | Necessary matters concerning the composition, jurisdictional boundary, operation of the Fire Officials' Disciplinary Action Committee, the request procedures for resolutions on disciplinary actions, the right of stating opinion on the part of the subject of a disciplinary action, etc., shall be prescribed by the Presidential Decree. |
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| Article 24 (Procedures for Taking Disciplinary Actions) |
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| (1) | Disciplinary actions against state fire officials shall need, first of all, their resolutions by the competent Fire Officials' Disciplinary Action Committee, and then, shall be taken by the head of the government agency in which the said Committee is established; but, such disciplinary actions as have been passed by the Disciplinary Action Committee established under the control of the Prime Minister in accordance with the State Public Officials Act, shall be taken by the Administrator of the National Emergency Management Agency: Provided, That such disciplinary actions as removal from office and dismissal from office shall be taken by the persons who have the right for appointment of the relevant fire officials (excluding the persons to whom the right for appointment has been delegated) through the resolution of the competent Fire Officials' Disciplinary Action Committee. <Amended by Act No. 5569, Sep. 19, 1998; Act No. 7186, Mar. 11, 2004> |
| (2) | Disciplinary actions of local fire officials shall be taken by the persons who have the right for appointment of the local fire officials concerned, through the resolution of the competent Fire Officials' Disciplinary Action Committee: Provided, That such disciplinary actions as suspension of official position, deduction of salary and reprimand, whose resolutions have been passed by the Fire Officials' Disciplinary Action Committee established at the level of a fire station shall be taken by the head of the said fire station. |
| (3) | In a case where the head of an agency who requested the resolution of a disciplinary action against a fire official under his jurisdiction regards the disciplinary action resolved by the competent Fire Officials' Disciplinary Action Committee as being too light, he may request the Disciplinary Action Committee established at the level of the higher administrative agency right next to his own (referring to the Fire Officials' Disciplinary Action Committee in the case of the resolutions passed by the Fire Officials' Disciplinary Action Committee established in the Administrator of the National Emergency Management Agency or by the Fire Officials' Disciplinary Action Committee established in accordance with the State Public Officials Act under the control of the Prime Minister; to the Fire Officials' Disciplinary Action Committee established in the National Emergency Management Agency in the case of the resolutions passed by the Fire Officials' Disciplinary Action Committee established within a City/Do; to the Fire Officials' Disciplinary Action Committee established within a City/Do in the case of the resolutions passed by the Fire Officials' Disciplinary Action Committee established within a fire station) to review or re-review the said resolution before taking the said disciplinary action. In this case, the said head of an agency may designate some public official(s) under his jurisdiction as his agent(s). <Amended by Act No. 4420, Dec. 14, 1991; Act No. 5569, Sep. 19, 1998; Act No. 7186, Mar. 11, 2004> |
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| Article 25 (Defendant in Case of Administrative Litigation) |
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In bringing in an administrative lawsuit against a disciplinary action, against such a disposition as temporary retirement from office or dismissal from office or against other disadvantageous dispositions taken contrary to one's wishes, the defendant shall be the Administrator of the National Emergency Management Agency if the person who brings in the said lawsuit is a state fire official, or, the competent Mayor/Do governor if the person who brings in the said lawsuit is a local fire official: Provided, That the defendant shall be the competent Mayor/Do governor in a case where the right for appointment of state fire officials has been delegated as prescribed in Article 5 (3). <Amended by Act No. 4420, Dec. 14, 1991; Act No. 5569, Sep. 19, 1998; Act No. 7186, Mar. 11, 2004>
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| Article 26 (Remuneration, etc. Paid to Candidate for Fire Executive Positions) |
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Remuneration and other actual expenses shall be paid to the candidate for fire executive positions under training and education, under the conditions as prescribed by the Presidential Decree.
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| Article 27 (Command and Supervision of Administrator of National Emergency Management Agency) |
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The Administrator of the National Emergency Management Agency shall command and supervise so that the personnel administration of fire officials may be managed in accordance with this Act, the State Public Officials Act and the Local Public Officials Act. <Amended by Act No. 5569, Sep. 19, 1998; Act No. 7186, Mar. 11, 2004>
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| Article 28 (Relationship between State Public Officials Act and Local Public Officials Act) |
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| (1) | When applying the State Public Officials Act to fire officials, the following interpretive conditions shall be satisfied: <Amended by Act No. 5569, Sep. 19, 1998; Act No. 7186, Mar. 11, 2004; Act No. 7255, Dec. 30, 2004> |
| 2. | Deleted; <by Act No. 5569, Sep. 19, 1998> |
| 6. | Deleted. <by Act No. 5569, Sep. 19, 1998> |
| (2) | In applying the Local Public Officials Act to fire officials, the following interpretive conditions shall be satisfied: <Amended by Act No. 5569, Sep. 19, 1998; Act No. 7186, Mar. 11, 2004; Act No. 7360, Jan. 27, 2005> |
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| Article 29 (Penal Provisions) |
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| (2) | In a case where a fire official violates the provisions of Article 17, he shall be punished by imprisonment or imprisonment without prison labor for not more than 10 years. |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1983.
Article 2 (Transitional Measures concerning Persons Who Passed Promotion Tests)
As for the person who has already passed the test for being promoted to the position of the local fire captain in accordance with the previous provisions concerned at the time this Act enters into force, he shall be regarded as having passed the test for being promoted to the position of the local fire captain under the conditions as prescribed in this Act.
Article 3 (Transitional Measures concerning Persons Subject to Disciplinary Actions or Persons Whose Official Positions have been Cancelled)
Matters concerning the efficacy of the disciplinary action or the cancellation of official position with respect to the person who has been being subject to the disciplinary action or the person whose official position has already been cancelled at the time this Act enters into force, shall be governed by the previous provisions concerned.
Article 4 (Transitional Measures concerning Exemption of Probationary Employment)
Matters concerning the exemption, etc. of the probationary employment of fire officials as prescribed in Article 8 (1), shall be governed by the previous provisions concerned until the Presidential Decree thereon will have been legislated and enforced. Article 5 (Transitional Measures concerning Uniform)
Matters concerning the uniform of fire officials shall be governed by the previous provisions concerned until the Ministerial Decree of Home Affairs thereon will have been legislated and enforced.
Article 6 (Transitional Measures Concerning Retirement on Account of Period Limits of Grades)
| (1) | As for the fire chiefs, the local fire chiefs, the fire deputy chiefs and the local fire deputy chiefs at the time this Act enters into force, their retirement on account of the period limits of their grades shall be governed, despite the provisions of Article 20, by the following stipulations: |
| 1. | In the case of the fire chiefs and the local fire chiefs: |
As for those who were appointed fire chief or a local fire chief before January 4, 1980, they shall retire 5 years from their appointment date; as for those who were appointed fire chief or a local fire chief sometime in between January 4, 1980 and the enforcement date of this Act, they shall retire 7 years after their appointment date; and
| 2. | In the case of the fire deputy chiefs and the local fire deputy chiefs: |
As for those who were appointed fire deputy chief or a local fire deputy chief before January 4, 1980, they shall retire 7 years from their appointment date; as for those who were appointed fire deputy chief or a local fire deputy chief sometime in between January 4, 1980 and the enforcement date of this Act, they shall retire 8 years from their appointment date.
| (2) | In the case as prescribed in paragraph (1), and where the remaining period before the retirement of the fire chief or the local fire chief as of the enforcement date of this Act, exceeds 4 years, the remaining period before the retirement thereof shall be regarded as 4 years; In the case as prescribed in paragraph (1), and where the remaining period before the retirement of the fire deputy chief or the local fire deputy chief as of the enforcement date of this Act, exceeds 6 years, the remaining period shall be regarded as 6 years. |
ADDENDA<Act No. 3800, Dec. 28, 1985>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the provisions concerning the retirement, age limit, of the fire marshall, the local fire marshall, the fire captain and the local fire captain, as prescribed in Article 20 (1) 1 shall enter into force on January 1, 1987. |
| (2) | (Example of Application to the Person for whom the Retirement Age Limit was Extended) The provision of Article 20 (1) 1 shall apply as well to the persons for whom the retirement age limits were extended in accordance with the previous provisions concerned before the enforcement of this Act or in accordance with the provision of paragraph (3) of this Addenda. |
| (3) | (Transitional Measures concerning Extension of Retirement Age Limits of Fire Marshalls, Fire Captains, etc.) Despite the amended provisions of Article 20 (3), the retirement age limits of the fire marshall, the local fire marshall, the fire captain and the local fire captain may be extended according to the previous provisions concerned until December 31, 1986. |
ADDENDA<Act No. 4420, Dec. 14, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1992: Provided, That the amended provisions of Article 20 (1) 1 and (3) shall enter into force on the date of its promulgation. Article 2 (Transitional Measures Concerning Change of Person who has Right for Appointment)
The appointment already done by and other actions already taken by or already done towards the person who has the right for appointment as prescribed in the previous provisions concerned at the time this Act enters into force, shall be regarded as the actions taken by or towards the corresponding person who has the right for appointment as prescribed in this Act.
Article 3 (Transitional Measures Concerning Extension of Retirement Age Limits)
| (1) | As for the extension of the retirement age limits of the fire officials who are working in the position of the fire marshall, the local fire marshall, the fire captain or the local fire captain at the time this Act enters into force, the retirement age limits of those who are supposed to retire sometime in 1991 may be extended within the maximum limit of 1 year from the retirement date; and the retirement age limits of those who are supposed to retire sometime in 1992, within the maximum limit of 2 years from the retirement date, despite the amended provision of Article 20 (3). |
| (2) | As for the fire officials who are working in such positions as are not higher than the fire lieutenant or the local fire lieutenant at the time this Act enters into force, those who become 55 years old sometime in 1991 and those who become 55 years old sometime in 1992 shall be regarded as reaching, after 1 year and 2 years, respectively, the retirement age limits as prescribed in the amended provision of Article 20 (1) 1, despite the amended provision of Article 20 (1) 1. |
| (3) | As for the fire officials in such positions that are not higher than the fire lieutenant or the local fire lieutenant whose retirement age limits have already been extended in accordance with the previous provisions concerned at the time this Act enters into force, their retirement age limits may be further extended within the maximum limit of 1 year, 2 years or 3 years in the case where the originally extended retirement year falls in 1991, in 1992 or in 1993 or 1994, respectively, from the retirement date as it was originally extended, despite the amended provision of Article 20 (1) 1 and despite the provision of Article 3 (2) of this Addenda. |
ADDENDA<Act No. 4992, Dec. 6, 1995>
| (1) | (Enforcement Date) This Act shall enter into force on January 1, 1996. |
| (2) | (Transitional Measures) As for the matters which were requested for review by the local fire officials in such positions as are not lower than the local battalion chief and which were accepted and have been under review, at the time this Act enters into force, by the Appeals Review Committee established in accordance with the State Public Officials Act, the previous provisions shall apply, despite the amended provision of Article 21. |
ADDENDA<Act No. 5291, Jan. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA<Act No. 5569, Sep. 19, 1998>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 12 (2) shall enter into force on January 1, 2000. Article 2 (Transitional Measures concerning Retirement Age)
| (1) | Among fire officials in active service at the time when this Act enters into force, those who reach the retirement age as referred to in the previous provisions of Article 20 (1) 1 on December 31, 1998 and on June 30, 1999, shall ipso facto retire on the equivalent date, and those who reach such retirement age on December 31, 1999 and on June 30, 2000, shall ipso facto retire on June 30, 1999 and on September 30, 1999, respectively. |
| (2) | The period during which the retirement age of any fire official in active service is extended under the previous provisions of Article 20 (3), shall be terminated on December 31, 1998. |
Article 3 (Transitional Measures concerning Voluntary Early Retirement Allowance)
Notwithstanding the amended provisions of Article 20 (1) 1, the retirement age as referred to in the previous provisions of the same Article, shall apply to the public officials to be paid voluntary early retirement allowances from among those who retire voluntarily prior to their prescribed retirement age before June 30, 2000 and the amounts of such allowances to be paid to them.
ADDENDA<Act No. 6436, Mar. 28, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM<Act No. 6485, May 24, 2001>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 6551, Dec. 29, 2001>
| (1) | (Enforcement Date) This Act shall enter into force on January 1, 2002. |
| (2) | (Transitional Measures for Retirement on Account of Period Limit of Rank) Any person who arrives at the retirement age on account of period limit of a rank in year 2002 under the previous provisions of Article 20 (1) 2 from among the fire officials in active service at the enforcement of this Act as the fire battalion chief or the local fire battalion chief shall be deemed to arrive at the retirement age on account of period limit of a rank in year 2003, notwithstanding the amended provisions of Article 20 (1) 2. |
ADDENDA<Act No. 7186, Mar. 11, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA<Act No. 7255, Dec. 30, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures following Creation of Rank)
"Fire deputy chief and local fire deputy chief" at the time of enforcement of this Act shall be deemed as "fire sub-deputy chief and local fire sub-deputy chief", and "fire chief and local fire chief" as "fire deputy chief and local fire deputy chief", and "fire commander" as "fire chief".
Article 3 Omitted.
Article 4 (Relationship with Other Acts)
Where ranks of fire officials have been quoted in other Acts and subordinate statues at the time of enforcement of this Act, "fire deputy chief and local fire deputy chief" shall be deemed as "fire sub-deputy chief and local fire sub-deputy chief", "fire chief and local fire chief" as "fire deputy chief and local dire deputy chief", and "fire commander" as "fire chief" respectively.
ADDENDA<Act No. 7360, Jan. 27, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
Last updated : 2009-07-26