CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to provide for matters necessary for the formulation of plans for emergency preparedness at the State level, the management of resources, such as human resources and materials, and the provision of education and training, etc. in order to protect the lives and property of citizens in case of war, incident, or an emergency equivalent thereto.
[This Article Wholly Amended on Jan. 4, 2022]
The terms used in this Act are defined as follows:
| 1. | The term "human resources" means the following persons: |
| (a) | A national of the Republic of Korea who works for an enterprise designated as requiring intensive management pursuant to Article 11; |
| (b) | A national of the Republic of Korea who has acquired a technical license or a qualification under the National Technical Qualifications Act or other statutes or regulations (including foreign statutes or regulations) or who is a scientific technician, in the age range of 19 to 60, between January 1st of the year he or she turns 19 to December 31st of the year he or she turns 60; |
| 2. | The term "material resources" means materials and enterprises specified in the attached Table to utilize in case of war, incident, or an emergency equivalent thereto (hereinafter referred to as "emergency"). |
[This Article Wholly Amended on Jan. 4, 2022]
| Article 3 (Obligation to Prepare for Emergency) |
The Government shall prepare and implement necessary plans under this Act or other statutes or regulations to be effectively prepared for an emergency. <Amended on Jan. 4, 2022>
[This Article Wholly Amended on Apr. 1, 2009]
CHAPTER II EMERGENCY PREPARATION AGENCIES
| Article 4 (Overall Control Agency) |
The Minister of the Interior and Safety shall assist the Prime Minister and take overall charge of and adjust the matters concerning emergency preparation affairs. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
[This Article Wholly Amended on Feb. 29, 2008]
| Articles 4-2 Deleted. <Feb. 29, 2008> |
| Articles 4-3 Deleted. <Feb. 29, 2008> |
| Articles 4-4 Deleted. <Feb. 29, 2008> |
| Articles 4-5 Deleted. <Feb. 29, 2008> |
| Article 5 (Executive Agency) |
Emergency preparation affairs shall be performed by each head of a central administrative agency, a local administrative agency under the jurisdiction of a central administrative agency, and a local government (including an administrative Si under Article 10 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter referred to as "emergency preparation agency"); and the affairs regarding human resources and material resources shall be performed by the head of the competent central administrative agency in charge of the relevant resources (hereinafter referred to as "resource management agency"). [This Article Wholly Amended on Jan. 4, 2022]
| Article 6 (Entrustment or Delegation of Authority) |
Part of the authority of the head of the resource management agency under this Act may be entrusted or delegated to the head of another central administrative agency; the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor"); or the head of a local administrative agency under the jurisdiction of such management agency, as prescribed by Presidential Decree. <Amended on Feb. 22, 2012; Jan. 4, 2022>
[This Article Wholly Amended on Apr. 1, 2009]
CHAPTER III EMERGENCY PREPARATION PLANS
| Article 6-2 (Development of Basic Guidelines on Emergency Preparation Affairs) |
| (1) | The Prime Minister shall prepare guidelines (hereinafter referred to as “basic guidelines”) on basic matters regarding emergency preparedness-related affairs every five years or less as prescribed by Presidential Decree, and then notify the head of a central administrative agency thereof with approval of the President. The same shall apply when revising the basic guidelines. <Amended on Mar. 21, 2017> |
| (2) | Basic guidelines shall include each of the following: |
| 1. | Analysis and prediction of environmental changes in and out of Korea from a midterm perspective with regard to emergencies; |
| 2. | Efficient response strategies in preparation against emergencies; |
| 3. | Matters to be considered when developing a master plan referred to in Article 7; |
| 4. | Other matters prescribed by Presidential Decree in relation to emergency preparedness-related affairs. |
| (3) | Where it is deemed necessary to develop new basic guidelines due to any significant change in emergency preparedness-related conditions, the Prime Minister may re-develop basic guidelines even before the period under paragraph (1) elapses. In such cases, the same procedures for developing basic guidelines shall be followed. <Newly Inserted on Jan. 4, 2022> |
[This Article Newly Inserted on Aug. 4, 2011]
| (1) | The head of a central administrative agency shall prepare a draft master plan regarding affairs under his or her jurisdiction in consideration of basic guidelines and changes in human resources and material resources, and submit such plan to the Prime Minister after consultation with the Minister of the Interior and Safety. <Amended on Aug. 4, 2011; Mar. 23, 2013; Nov. 19, 2014; Mar. 21, 2017; Jul. 26, 2017> |
| (2) | The Prime Minister shall prepare a master plan after compiling the draft master plan submitted by the head of a central administrative agency under paragraph (1), and finalize it with approval of the President through deliberation of the State Council. <Amended on Aug. 4, 2011; Mar. 21, 2017> |
| (3) | The Prime Minister shall notify the head of a central administrative agency and the National Assembly of the finalized master plan without delay. The same shall apply to any revision of the master plan under Article 9-3. <Amended on Aug. 4, 2011; Mar. 21, 2017> |
[This Article Wholly Amended on Apr. 1, 2009]
| Article 8 (Execution Plan) |
| (1) | According to the master plan notified under Article 7 (3), the head of a central administrative agency shall establish an execution plan on the affairs under his or her jurisdiction and confirm such plan upon approval of the Prime Minister after consultation with the Minister of the Interior and Safety. <Amended on Aug. 4, 2011; Mar. 23, 2013; Nov. 19, 2014; Mar. 21, 2017; Jul. 26, 2017> |
| (2) | The head of a central administrative agency shall notify the head of the central administrative agency concerned, the Mayor/Do Governor, and the head of a local administrative agency under his or her jurisdiction upon confirmation of the execution plan. The same shall apply to any revision of the execution plan under Article 9-3. <Amended on Aug. 4, 2011; Mar. 21, 2017> |
[This Article Wholly Amended on Apr. 1, 2009]
| Article 9 (Operation Plan) |
| (1) | According to the execution plan informed under Article 8 (2), the Mayor/Do Governor and the head of a local administrative agency under the jurisdiction of the head of a central administrative agency shall establish an operation plan on affairs under their jurisdiction and confirm it upon approval of the head of a central administrative agency. <Amended on Mar. 21, 2017> |
| (2) | The Mayor/Do Governor shall notify the operation plan confirmed under paragraph (1) to the head of a Si (including the head of an administrative Si under Article 11 (1) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply)/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply). The same shall also apply to any revision of the operation plan under Article 9-3. <Amended on Aug. 4, 2011; Jan. 4, 2022> |
[This Article Wholly Amended on Apr. 1, 2009]
| Article 9-2 (Implementation Plan) |
| (1) | According to the operation plan notified pursuant to Article 9 (2), the head of a Si/Gun/Gu shall establish an implementation plan on the affairs under his or her jurisdiction and confirm it upon approval of the Mayor/Do Governor. <Amended on Jan. 4, 2022> |
| (2) | The head of an enterprise requiring intensive management designated under Article 11 (1) (hereinafter referred to as "enterprise requiring intensive management") shall establish an implementation plan on notified affairs and obtain approval of the head of the resource management agency. <Amended on Jan. 4, 2022> |
[This Article Wholly Amended on Apr. 1, 2009]
| Article 9-3 (Revision of Master Plan) |
| (1) | When it is necessary to revise the master plan referred to in Article 7, the execution plan in Article 8, the operation plan in Article 9 or the implementation plan in Article 9-2 (1) (hereafter in this Article referred to as “master plan, etc.”) due to changes in conditions for the plans, etc. or other reasons, a draft of change shall be prepared and approved by those with approval authority for the master plan, etc. In such case, the same procedures as the development procedures of the master plan, etc. shall be applied. |
| (2) | Notwithstanding paragraph (1), where the head of a central administrative agency makes a request or the Prime Minister intends to revise minor matters of the master plan, etc. in accordance with Presidential Decree ex officio, he or she may do so without the deliberation of the State Council and the approval of the President. In this case, the head of a central administrative shall have consultation with the Minister of the Interior and Safety before making a request for the revision of a minor matter. <Amended on Mar. 23, 2013; Nov. 19, 2014; Mar. 21, 2017; Jul. 26, 2017> |
| (3) | Notwithstanding paragraph (1), where a person who is authorized to develop an execution plan, operation plan or implementation plan referred to in Article 8, 9 or 9-2 (1) intends to revise minor matters of a relevant plan in accordance with Presidential Decree, he or she may make the revision without obtaining approval of a person with corresponding approval authority. |
| (4) | A person who is authorized to develop the master plan, etc. shall, when he or she has revised the master plan, etc. under paragraphs (2) and (3), report such fact to a person with corresponding approval authority without delay. |
| (5) | The head of an enterprise requiring intensive management shall, when he or she receives an order for implementation plan revision from the resource management agency or when it is necessary to revise an implementation plan prepared under Article 9-2 (2) due to other reasons, prepare a draft of change and obtain approval thereof from the head of the resource management agency. <Amended on Jan. 4, 2022> |
[This Article Newly Inserted on Aug. 4, 2011]
CHAPTER III-2 MANAGEMENT OF RESOURCES IN CASE OF EMERGENCY
| Article 10 (Investigation of Resources) |
| (1) | Where deemed necessary to formulate, prepare, and implement the plan regarding the utilization of human resources and material resources, the head of an emergency preparation agency (excluding the head of a Si/Gun/Gu; hereafter in this Article, the same shall apply) may have any of the following persons perform the relevant affairs, as prescribed by Presidential Decree: <Amended on Mar. 21, 2017; Jan. 4, 2022> |
| 1. | Public officials under his or her jurisdiction: Investigation of actual conditions of human resources or material resources; |
| 2. | Target human resources, owners of the materials subject to management (if the owners of materials cannot be identified, it shall include those who possess the materials in their title; hereinafter the same shall apply), and the presidents of the enterprises: Filing a report on the necessary matters. |
| (2) | The head of an administrative agency, upon issuing or revoking technical qualifications and licenses under the National Technical Qualifications Act or other statutes, shall notify the head of an Eup/Myeon/Dong having jurisdiction over the residence of the person concerned of such issuance or revocation without delay: Provided, That where an agency or organization prescribed by Presidential Decree in compliance with the National Technical Qualifications Act or other statutes or regulations is entrusted with the duties of examining and managing qualifications and licenses, the head of the relevant agency or organization shall issue a notification. <Amended on Mar. 21, 2017> |
| (3) | The head of an emergency preparation agency may, upon receipt of a request from the head of a relevant agency, have the public officials under his or her jurisdiction participate in the investigation provided in paragraph (1) 1. <Amended on Mar. 21, 2017; Jan. 4, 2022> |
| (4) | Investigations provided for in paragraph (1) 1 shall be performed in a way that does not disturb people engaged in their work or corporate activities. <Amended on Mar. 21, 2017> |
| (5) | In cases of paragraph (1) 1, the public official concerned who performs the investigation shall carry a certificate indicating his or her authority to interested persons in advance. <Amended on Mar. 21, 2017> |
[This Article Wholly Amended on Apr. 1, 2009]
| Article 10-2 (Computerization of Management of Emergency Resources) |
| (1) | When it is deemed necessary for the efficient management and utilization of human resources and material resources, the Minister of the Interior and Safety may establish and operate an information system. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The Minister of the Interior and Safety may collect, manage and retain the data which are necessary for the establishment and operation of an information system referred to in paragraph (1), and to this end, he or she may make a request for the provision of relevant information to an organization or enterprise in any of the following subparagraphs which manages or retains the data related to human resources or material resources. In such cases, an organization or enterprise which receives a request for information provision shall accept such request without good cause. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Jan. 4, 2022> |
| 1. | Emergency preparation agencies; |
| 2. | Deleted; <Jan. 4, 2022> |
| 3. | Enterprises requiring intensive management; |
| (3) | The Minister of the Interior and Safety shall implement security measures of which safety has been confirmed by the Director of the National Intelligence Service in order to prevent the damage to or leakage of the data in the information system referred to in paragraph (1) as well as to secure its reliability, and the Director of the National Intelligence Service may check whether those security measures have been implemented or not. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
[This Article Newly Inserted on Aug. 4, 2011]
| Article 11 (Designation and Management of Resources Requiring Intensive Management) |
| (1) | Where deemed necessary to efficiently perform emergency preparedness-related affairs, the head of the resource management agency may designate human resources, materials, or enterprises requiring intensive management from among the human resources and material resources, as prescribed by Presidential Decree. <Amended on Jan. 4, 2022> |
| (2) | When the head of the resource management agency has designated human resources, materials, or enterprises requiring intensive management under paragraph (1), he or she shall serve the designated persons, owners of the materials, or heads of the enterprises, a written notice stating the designation and the duties attendant thereon. In such cases, service-related provisions of the Administrative Procedures Act shall apply to the service of a notice. <Amended on Jan. 4, 2022> |
| (3) | When the human resources, materials, or enterprises designated as those requiring intensive management under paragraph (1) become ill-suited to perform emergency preparedness-related affairs due to their death, aging, or bankruptcy, the head of the resource management agency shall revoke their designation as prescribed by Presidential Decree and alternatively designate other human resources, materials, or enterprises. <Newly Inserted on Feb. 22, 2012; Jan. 4, 2022> |
| (4) | The head of an emergency preparation agency (excluding the head of a Si/Gun/Gu) shall ascertain and check whether human resources, materials, or enterprises under his or her jurisdiction designated as those requiring intensive management under paragraph (1) are appropriate for conducting emergency preparedness-related affairs, as prescribed by Presidential Decree. <Newly Inserted on Mar. 21, 2017; Jan. 4, 2022> |
[This Article Wholly Amended on Apr. 1, 2009]
[Title Amended on Mar. 21, 2017]
| Article 12 (Preparedness Measures for Designated Enterprises) |
The head of the resource management agency shall have the owner of materials or the head of an enterprise designated under Article 11 take any of the following preparedness measures necessary to perform emergency preparedness-related business affairs, in consideration of his or her capabilities, as prescribed by Presidential Decree: <Amended on Feb. 22, 2012; Jan. 4, 2022> | 1. | Reinforcement and expansion of facilities; |
| 2. | Training of technical personnel and development of technology (including prototype production). |
[This Article Wholly Amended on Apr. 1, 2009]
[Title Amended on Feb. 22, 2012]
| Article 12-2 (Appointment of Emergency Preparedness Officer) |
| (1) | Each of the following agencies shall have an emergency preparedness officer to prepare for emergencies: |
| 1. | Agencies which handle the administrative affairs of the National Assembly, courts, Constitutional Court, and National Election Commission; |
| 2. | Central administrative agencies and local administrative agencies under their jurisdiction, agencies under the control of the President, and agencies under the control of the Prime Minister; |
| 3. | The Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, and a Special Self-Governing Province (hereinafter referred to as "City/Do"), and the Metropolitan and Provincial Offices of Education. |
| (2) | The Prime Minister, where deemed necessary, may designate an enterprise requiring intensive management as an enterprise required to appoint an emergency preparedness officer, as prescribed by Presidential Decree. <Amended on Jan. 4, 2022> |
| (3) | The head of an enterprise designated pursuant to paragraph (2) shall appoint an emergency preparedness officer, and ensure appropriate working conditions for the emergency preparedness officer. |
| (4) | An emergency preparedness officer (excluding an emergency preparedness officer at the agencies prescribed by Presidential Decree among those in each of the subparagraphs of paragraph (1)) shall be appointed from among those who meet the qualification requirements prescribed by Presidential Decree and have passed a test administered by the Minister of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (5) | The Prime Minister may cancel the designation of an enterprise which has been designated pursuant to paragraph (2) when any ground for cancellation prescribed by Presidential Decree has taken place, such as the bankruptcy or merger of the enterprise, etc. |
| (6) | Matters necessary for the selection test and appointment of an emergency preparedness officer shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Feb. 22, 2012]
| Article 12-3 (Guidance to and Examination of Emergency Preparedness Officer) |
| (1) | The Minister of the Interior and Safety may provide an emergency preparedness officer at the agencies referred to in Article 12-2 (1) 2 and 3 with guidance on the performance of his or her duties, and the head of the resource management agency may provide such guidance to an emergency preparedness officer at the enterprises under his or her control. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Jan. 4, 2022> |
| (2) | The head of an agency with an emergency preparedness officer may request that the Minister of the Interior and Safety examine whether an emergency preparedness officer at his or her agency is performing his or her duty appropriately: Provided, That in cases of an emergency preparedness officer of an enterprise, such examination request shall be made by the head of the resource management agency to the Minister of the Interior and Safety, or by the head of an enterprise to the Minister of the Interior and Safety via the head of the resource management agency. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Jan. 4, 2022> |
| (3) | Matters necessary for the guidance and examination referred to in paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Feb. 22, 2012]
| (1) | The Government shall stockpile necessary materials in preparation for emergencies. |
| (2) | Where deemed necessary for efficiently preparing for emergencies, the head of the resource management agency may have the owners of materials or the heads of enterprises designated under Article 11 stockpile materials required, upon approval by the Prime Minister within the scope of stockpiles for three months, taking into account their own bearing capacities. <Amended on Jan. 4, 2022> |
| (3) | When materials stockpiled under paragraphs (1) and (2) do not satisfy the purpose of stockpiling due to such reasons as loss of their function or development of alternative products with more excellent performance or technology development, the head of the resource management agency may release their stockpile. <Amended on Jan. 4, 2022> |
| (4) | The owner of materials stockpiled under paragraph (2) or the head of an enterprise shall report to the head of the resource management agency on the item, size, quantity, replacement, and management status of materials stockpiled and other matters regarding the stockpile. <Amended on Jan. 4, 2022> |
| (5) | The head of the resource management agency shall report to the Prime Minister on the items, size, quantity, replacement, and management status of materials stockpiled under paragraphs (1) and (2) and other matters regarding the stockpile. <Amended on Jan. 4, 2022> |
| (6) | The Prime Minister or the head of the resource management agency may confirm or check the actual conditions of the stockpile and management of materials stockpiled under paragraphs (1) and (2) and may request measures on any matter which needs to be corrected or supplemented as a result of such confirmation or checkup and then verify whether such matter is corrected or supplemented. <Amended on Jan. 4, 2022> |
| (7) | Materials subject to stockpile provided for in paragraphs (1) through (6), and matters necessary for the management of stockpiled materials and the release of stockpiles, reports on actual conditions, confirmations, checks, etc., shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Apr. 1, 2009]
| Article 13-2 (Participation of Human Resources and Use of Materials) |
| (1) | Where a united defense incident is declared under Article 12 of the United Defense Act, the head of the resource management agency may make a request for the participation of those designated under Article 11 and the owners of materials, or for their cooperation on the use of materials, if necessary for the protection of people’s life, body or property from damage. <Amended on Jan. 4, 2022> |
| (2) | The request referred to in paragraph (1) shall be confined to human resources and materials for which consent was gained for their participation and use in advance at the time of their designation under Article 11. |
| (3) | Matters necessary for the participation of human resources and the use of materials except as provided in paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Feb. 22, 2012]
[Previous Article 13-2 moved to Article 13-3 <Feb. 22, 2012>]
| Article 13-3 (Use of Stockpiled Materials) |
| (2) | Matters necessary for the use of stockpiled materials under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Apr. 1, 2009]
[Moved from Article 13-2; previous Article 13-3 moved to Article 13-5 <Feb. 22, 2012>]
| Article 13-4 (Compensation) |
A reasonable compensation shall be made for the participation of human resources and the use of materials referred to in Article 13-2 and for the use of stockpiled materials referred to in Article 13-3 as prescribed by Presidential Decree. [This Article Newly Inserted on Feb. 22, 2012]
CHAPTER IV EMERGENCY PREPAREDNESS EDUCATION AND TRAINING
| Article 13-5 (Emergency Preparedness Education) |
| (1) | The Minister of the Interior and Safety may conduct emergency preparedness education in cooperation with the head of a central administrative agency, the Mayor/Do Governor, and the superintendent of education. <Amended on Feb. 22, 2012; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Jan. 4, 2022> |
| (2) | Any of the following persons shall receive emergency preparedness education: <Amended on Feb. 22, 2012> |
| 1. | Emergency preparedness officers at central administrative agencies and the local administrative agencies under their jurisdiction, City/Do and the Metropolitan and Provincial Offices of Education; |
| 2. | Professors in charge of emergency preparedness education at educational institutions for public officials; |
| 3. | Emergency preparedness officers at enterprises requiring intensive management; |
| 4. | Emergency preparedness officers at agencies other than those identified in subparagraph 1 (This shall apply only if a request is made for the participation in education). |
| (3) | Matters necessary for emergency preparedness education, other than those provided for in paragraphs (1) and (2), shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Apr. 1, 2009]
[Moved from Article 13-3 <Feb. 22, 2012>]
| Article 14 (Execution of Training) |
| (1) | Where deemed necessary to efficiently perform emergency preparedness-related business affairs, the Government may arrange training sessions by a national or regional group or sectional group, as prescribed by Presidential Decree. |
| (2) | Training execution orders by national or regional group related to at least two Ministries shall be issued by the Prime Minister after obtaining approval of the President with regard to the methods and periods of the training. |
| (3) | Training execution orders by national or regional group related to one Ministry shall be issued by the head of the resource management agency after obtaining approval of the Prime Minister with regard to the methods and periods of the training. <Amended on Jan. 4, 2022> |
[This Article Wholly Amended on Apr. 1, 2009]
| Article 15 (Subject Matter of Training) |
The subject matters of training shall be human resources, materials, and enterprises designated under Article 11: Provided, That those prescribed by Presidential Decree shall be exempted from such training. [This Article Wholly Amended on Apr. 1, 2009]
| Article 16 (Methods and Periods of Training) |
| (1) | Training shall be divided into real training and map training based on documents which are executed accordingly. |
| (2) | The period of training shall not exceed seven days per year: Provided, That the same shall not apply in cases of training for prototype production and map training. |
| (3) | Training shall not be executed during a presidential election period, an election period for the National Assembly members, local council members, and the heads of local governments due to expiry of their tenures. |
[This Article Wholly Amended on Apr. 1, 2009]
| Article 17 (Issuance of Training Notices) |
| (1) | If a training execution order is issued under Article 14, the Mayor/Do Governor or the head of a local administrative agency under the jurisdiction of the head of the resource management agency shall, in advance, serve a training notice on a person required to receive training, the owner of materials subject to training, or the head of an enterprise, by direct delivery or by means of registered mail or electronic document defined in Article 2 (1) 5 of the Act on Promotion of Information and Communications Network Utilization and Information Protection with consent of the relevant person, as prescribed by Presidential Decree. <Amended on Jan. 4, 2022> |
| (2) | In the absence of the relevant person to whom a training notice is directly delivered pursuant to paragraph (1), the notice shall be served on the head of the same household or any adult among family members, the custodian of materials, or the executive officers or employees of the enterprise. In such cases, a person who receives a training notice on behalf of the relevant person shall deliver such notice to the relevant person without delay. <Amended on Jan. 4, 2022> |
[This Article Wholly Amended on Apr. 1, 2009]
| Article 18 (Simultaneous Management Training) |
| (1) | If the Government deems it necessary for efficiently performing emergency preparedness-related business affairs, it may carry out simultaneous training activities involving the following material resources and human resources engaged in handling such material resources: |
| 1. | Production, repair and processing facilities of materials; |
| 2. | Automobiles, ships, airplanes, construction equipment, dredging vessels, and loading and unloading equipment; |
| 3. | Private telecommunications facilities and business telecommunications facilities; |
| 4. | Broadcasting and printing facilities; |
| (2) | In the case of paragraph (1), the head of the material management agency in charge of the affairs on the management of materials shall issue a training execution order with approval of the Prime Minister. <Amended on Jan. 4, 2022> |
| (3) | If a training execution order under paragraph (2) has been issued, the Mayor/Do Governor or the head of a local administrative agency under the jurisdiction of the resource management agency shall deliver a training notice in advance, as prescribed by Presidential Decree. <Amended on Jan. 4, 2022> |
[This Article Wholly Amended on Apr. 1, 2009]
| Article 19 (Obligation to Attend) |
| (1) | Any person who receives a notice of a manpower training shall, unless any ground falling under any of the following subparagraphs exists, attend on a date and at a place designated as specified in the training notice, and follow the instructions of the public official concerned in connection with his or her duties: <Amended on May 29, 2016> |
| 1. | Where he or she cannot attend due to illness or physical or mental disabilities; |
| 3. | Where he or she is detained or is under care and custody or is under execution of a punishment; |
| 4. | Where his or her lineal ascendant or descendant, spouse or cohabitant family member is in a critical condition or deceases and he or she must arrange for a funeral or take other follow-up services; |
| 5. | Where he or she is currently traveling abroad; |
| 6. | Where he or she is summoned for a military force mobilization training or call for military education under the Military Service Act or for the mobilization or training of reserve forces under the Reserve Forces Act; |
| 7. | Where he or she cannot attend due to any unavoidable cause other than those provided for in subparagraphs 1 through 6. |
| (2) | Any person who receives a notice of materials training shall, unless any of the following grounds exists, submit such materials to the designated person on a date and at a place designated as specified in the training notice: Provided, That for materials which are real estate and rights, he or she shall have a person designated in the training notice to personally carry documents be inspected and make them available for perusal until the designated period: |
| 2. | Where the owner of the materials to be used in the course of such training or the head of an enterprise to receive the training is declared bankrupt by the court; |
| 3. | Where it is difficult to submit the materials to be used in the course of the training on a date and at a place designated due to traffic paralysis caused by natural disasters, destruction of roads, bridges, etc. or other reasons; |
| 4. | Where it is impossible to submit materials or carry documents due to any unavoidable cause other than matters provided for in subparagraphs 1 through 3. |
[This Article Wholly Amended on Apr. 1, 2009]
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 20 (Job Guarantee) |
No employer shall, if his or her employee participates in training, deem that the period of training falls within the period of the employee’s annual leave or give unfavorable treatment to them under the pretense that they participated in the training.
[This Article Wholly Amended on Apr. 1, 2009]
| Article 21 (Compensation and Medical Treatment) |
[This Article Wholly Amended on Apr. 1, 2009]
| Article 22 (Compensation for Actual Expenses) |
Any person who participates in training shall be reimbursed for traveling expenses and other actual and necessary subsistence expenses incurred, as prescribed by Presidential Decree.
[This Article Wholly Amended on Apr. 1, 2009]
| Article 23 (Compensation and Extinctive Prescription of Claim for Compensation) |
| (1) | The Government shall give due compensation to any person who suffers financial loss due to training, as prescribed by Presidential Decree: Provided, That where materials to be used in the course of such training which are State property or public properties are lost, destroyed or damaged, the Government shall not compensate their owners. |
| (2) | The claim for compensation under paragraph (1) shall be extinguished by prescription if it is not exercised within five years from the date on which such loss occurs. |
[This Article Wholly Amended on Apr. 1, 2009]
The Government may fully or partially subsidize expenses incurred by the owner of materials or the head of an enterprise to take the necessary measures under this Act, or may lend such amounts thereto, as prescribed by Presidential Decree.
[This Article Wholly Amended on Apr. 1, 2009]
| Article 25 (Cooperation of Related Agencies) |
| (1) | The head of an agency or the head of an enterprise who performs emergency preparedness-related affairs may request necessary cooperation, such as submission of documents from the relevant administrative agency or public organization, if he or she deems it necessary for performing his or her duties. |
| (2) | Where deemed necessary for performing emergency preparedness-related affairs, the Minister of the Interior and Safety may, in consultation with the head of an emergency preparedness-related agency, request the dispatch of such agency's employees during the training period and the period prescribed by Presidential Decree before or after the training period. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Jan. 4, 2022> |
| (3) | The relevant administrative agency or public organization shall, upon receipt of a request provided for in paragraphs (1) and (2), comply with such request unless there is a compelling reason not to do so. |
[This Article Wholly Amended on Apr. 1, 2009]
| Article 25-2 (Verifications and Evaluations) |
| (1) | The Minister of the Interior and Safety or the head of the resource management agency may verify or evaluate the actual status of performance of emergency preparedness-related affairs of emergency preparation agencies and enterprises requiring intensive management. <Amended on Mar. 23, 2013; Nov. 19, 2014; Mar. 21, 2017; Jul. 26, 2017; Jan. 4, 2022> |
| (2) | Where there are any matters deemed to require corrective measures according to the findings of verification or evaluation of emergency preparedness-related affairs, the Minister of the Interior and Safety or the head of the resource management agency may request the heads of the emergency preparation agency and the enterprise requiring intensive management to take corrective or supplementary measures. <Amended on Mar. 23, 2013; Nov. 19, 2014; Mar. 21, 2017; Jul. 26, 2017; Jan. 4, 2022> |
| (3) | The Minister of the Interior and Safety or the head of the resource management agency may take necessary measures, such as awarding prizes, for the institutions which are found to be exemplary according to verification and evaluation. <Newly Inserted on Jan. 4, 2022> |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the verification and evaluation of emergency preparedness-related affairs and awards, etc. shall be prescribed by Presidential Decree. <Amended on Jan. 4, 2022> |
[This Article Newly Inserted on Apr. 1, 2009]
[Title Amended on Jan. 4, 2022]
| Article 26 (Confidentiality Obligation) |
The person who was or is engaged in emergency preparedness-related affairs under this Act shall not reveal confidential information he or she has become aware of in the course of performing duties, and shall not take advantage of such information, except for the purpose of enforcing this Act.
[This Article Wholly Amended on Apr. 1, 2009]
| Article 27 (Relationship to Other Training) |
| (1) | The military force mobilization training and the call for military education, etc. under the Military Service Act for human resources shall take priority over the training provided in this Act. <Amended on May 29, 2016; Jan. 4, 2022> |
| (3) | The mobilization and training of reserve forces under the Reserve Forces Act shall take priority over the training under this Act: Provided, That simultaneous management training provided for in Article 18 shall take priority over the mobilization and training of reserve forces under the Reserve Forces Act. <Amended on May 29, 2016> |
[This Article Wholly Amended on Apr. 1, 2009]
| Article 28 Deleted. <Jan. 16, 2001> |
CHAPTER VI PENALTY PROVISIONS
| Article 29 (Penalty Provisions) |
Any person who violates Article 26 shall be punished by imprisonment with labor for not more than three years, the suspension of qualification for not more than five years, or by a fine not exceeding 30 million won. <Amended on Jan. 20, 2015> [This Article Wholly Amended on Apr. 1, 2009]
| Article 30 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than one year, or by a fine not exceeding 10 million won: <Amended on Jan. 20, 2015>
| 1. | A person who fails to perform the duty to attend notwithstanding the existence of grounds falling under the subparagraphs of Article 19 (1) and (2); |
[This Article Wholly Amended on Apr. 1, 2009]
| Article 31 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than six months or by a fine not exceeding five million won: <Amended on Jan. 20, 2015>
| 1. | A person who refuses, obstructs or evades an investigation under Article 10 (1), or fails to file a report or makes a false report; |
| 2. | A person who refuses to receive a written notice stating the designation and the duties attendant thereon, of resources requiring intensive management under Article 11 (2) without good cause, or makes it invalid by damaging the notice or by any other means; |
| 3. | Where any person, in spite of his or her obligations to receive or deliver a training notice under Article 17 refuses to receive or fails to deliver it (including where he or she delays such delivery) without good cause, or where he or she makes it invalid by damaging the notice or by any other means. |
[This Article Wholly Amended on Apr. 1, 2009]
| Article 31-2 (Penalty Provisions) |
Any person who fails to appoint an emergency preparedness officer in violation of Article 12-2 (3) shall be punished by a fine not exceeding ten million won. [This Article Newly Inserted on Mar. 21, 2017]
| Article 32 (Penalty Provisions) |
Any of the following persons shall be subject to a fine not exceeding five million won: <Amended on Feb. 22, 2012>
| 1. | A person who violates an order to take preparedness measures under Article 12; |
| 2. | Deleted; <Mar. 21, 2017> |
| 3. | A person who violates an order to stockpile materials under Article 13 (2). |
[This Article Wholly Amended on Apr. 1, 2009]
| Article 33 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding one million won: |
| 1. | A person who fails to make a report under Article 13 (4) without good cause; |
| 2. | A person who refuses, obstructs or evades the confirmation or checkup, or corrective or complimentary measures as a result of such confirmation or checkup under Article 13 (6) without good cause. |
| (2) | Administrative fines under paragraph (1) shall be imposed and collected by the head of the resource management agency. <Amended on Jan. 4, 2022> |
[This Article Newly Inserted on Apr. 1, 2009]
ADDENDA <Act No. 3745, Aug. 4, 1984>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Relationship with Resident Registration Act) Article 3 (Transitional Measures)
Plans for the management of resources and preparedness measures formulated under the Regulations concerning the Operation of Resources, etc., effective as at the time this Act enters into force, shall be deemed a plan for emergency resources management and emergency preparedness measures under this Act, and shall be deemed prepared respectively under this Act.
Article 4 (Transitional Measures concerning Emergency Planning Committee)
The Emergency Planning Committee under the jurisdiction of the National Security Council pursuant to the previous Regulations of the Emergency Planning Committee, effective as at the time this Act enters into force, shall be regarded as the Emergency Planning Committee under this Act.
ADDENDA <Act No. 4561, Jun. 11, 1993>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1994.
Articles 2 through 9 Omitted.
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.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 5543, May 25, 1998>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
ADDENDUM <Act No. 6373, Jan. 16, 2001>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 7217, Sep. 23, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Act No. 8410, Apr. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Change of Name of Committee)
The duties performed by the Emergency Planning Committee before this Act enters into force and the duties under the jurisdiction of the Emergency Planning Committee at the time this Act enters into force shall be succeeded by the National Emergency Planning Commission and the members and officials under the jurisdiction of the Emergency Planning Committee at the time this Act enters into force shall be deemed those under the jurisdiction of the National Emergency Planning Commission.
Article 3 Omitted.
Article 4 (Relationship with other Statutes)
References to the Emergency Planning Committee in other statutes at the time this Act enters into force shall be deemed references to the National Emergency Planning Commission under this Act.
ADDENDA <Act No. 8876, Feb. 29, 2008>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures) The officials under the jurisdiction of the National Emergency Planning Commission at the time this Act enters into force shall be deemed those under the jurisdiction of the Ministry of Public Administration and Security. |
ADDENDA <Act No. 9571, Apr. 1, 2009>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Applicability) The proviso to Article 23 (1) and the amended provisions of Article 23 (2) shall first apply to those who suffer financial loss due to training after this Act enters into force. |
ADDENDA <Act No. 10988, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Basic Plan, etc.)
The basic plan guidance and basic plan under the previous provisions of Article 7 at the time this Act enters into force shall be regarded as the basic guidance and basic plan under the revised provisions of Articles 6-2 and 7.
ADDENDA <Act No. 11042, Sep. 15, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2012.
Article 2 Omitted.
ADDENDA <Act No. 11340, Feb. 22, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Emergency Preparedness Officer)
Emergency preparedness officers in active service at the time this Act enters into force shall be regarded as emergency preparedness officers appointed under the revised provisions of Article 12-2.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11994, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Act No. 12205, Jan. 7, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 13061, Jan. 20, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14183, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 14184, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Act No. 14750, Mar. 21, 2017>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among Acts to be amended under Article 5 of the Addenda, amendments to Acts, which were promulgated before this Act enters into force, but the enforcement dates of which have not arrived, shall enter into force on the enforcement date of the relevant Acts. Articles 2 through 6 Omitted.
ADDENDA <Act No. 18682, Jan. 4, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
Article 3 (Relationship to Other Statutes or Regulations)
A citation of the previous Emergency Resources Management Act or any provision thereof by other statutes or regulations in force as at the time this Act enters into force shall be deemed a citation of this Act or relevant provision hereof, if any, in lieu of such previous Act or the provision thereof.