CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prescribe matters necessary for promoting the disaster-safety industry, thereby laying the groundwork for the development of the disaster-safety industry and contributing to enhanced public safety and development of the national economy.
The terms used in this Act are defined as follows:
| 1. | The term "disaster-safety industry" means the industry developing, producing, or distributing technologies, equipment, facilities, products, etc., or providing services related thereto, in order to protect the lives, health, and property of people from any of the disasters defined in subparagraph 1 of Article 3 of the Framework Act on the Management of Disasters and Safety or other various accidents; |
| 3. | The term "disaster safety product" means various products using disaster safety technologies; |
| 4. | The term “disaster safety business entity” means a person engaged in economic activities pertaining to the disaster-safety industry. |
| Article 3 (Responsibilities of the State and Local Governments) |
The State and local governments shall formulate and implement policies necessary for the promotion of the disaster-safety industry.
| Article 4 (Relationship to Other Statutes) |
Except as otherwise provided in other statutes, this Act shall apply to the promotion of the disaster-safety industry.
CHAPTER II FORMULATION OF MASTER PLAN
| Article 5 (Formulation of Master Plan) |
| (2) | A master plan shall include the matters regarding the following: |
| 1. | Basic direction-setting for policies designed to promote the disaster-safety industry; |
| 2. | Policy measures for the nurturing of the disaster-safety industry by sector; |
| 3. | Laying the groundwork for the disaster-safety industry; |
| 4. | Support for surveys, research, and technology development for promoting the disaster-safety industry; |
| 5. | Improvement of systems for the promotion of the disaster-safety industry; |
| 6. | Support for the disaster-safety industry in terms of international cooperation and expansion into overseas markets; |
| 7. | Others necessary for the promotion of the disaster-safety industry. |
| (3) | If it is necessary for formulating a master plan, the Minister of the Interior and Safety may require the heads of relevant central administrative agencies, the heads of local governments, or the heads of institutions, corporations, or organizations relating to the disaster-safety industry to submit necessary data or opinions and cooperate for other necessary matters. In such cases, the person so requested shall provide cooperation, unless there is a compelling reason not to do so. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the formulation and implementation of a master plan shall be prescribed by Presidential Decree. |
| Article 6 (Formulation of Implementation Plan) |
| (1) | In accordance with a master plan, the Minister of the Interior and Safety shall formulate and execute an implementation plan every year in consultation with the heads of relevant central administrative agencies. |
| (2) | Matters necessary for the formulation and execution of an implementation plan under paragraph (1) shall be prescribed by Presidential Decree. |
CHAPTER III LAYING GROUNDWORK FOR DISASTER-SAFETY INDUSTRY
| Article 7 (Establishment of Classification System for Disaster-Safety Industry) |
| (1) | In order to ensure the efficient management of the disaster-safety industry, the Minister of the Interior and Safety shall establish a classification system for the disaster-safety industry and continue to supplement and improve the system. |
| (2) | Matters necessary for the establishment of the classification system under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 8 (Fact-Finding Survey on Disaster-Safety Industry) |
| (1) | The Minister of the Interior and Safety shall conduct fact-finding surveys on the disaster-safety industry on a regular basis to formulate and implement policies for promoting the industry. |
| (2) | If it is necessary for fact-finding surveys, the Minister of the Interior and Safety may require the heads of relevant central administrative agencies, the heads of local governments, or the heads of institutions, corporations, or organizations relating to the disaster-safety industry to submit necessary data or state opinions. In such cases, the person so requested shall comply, unless there is a compelling reason not to do so. |
| (3) | Matters regarding the frequency, details, procedures, and methods of fact-finding surveys referred to in paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 9 (Management of Information on Disaster-Safety Industry) |
| (1) | The Minister of the Interior and Safety may collect and survey information on the overall disaster-safety industry in Korea and abroad, including the technology levels, research status, market trends, and status of business entities of the disaster-safety industry, and manage and provide such information in a systematic and comprehensive manner. |
| (2) | In order to efficiently manage and provide information on the overall disaster-safety industry under paragraph (1), the Minister of the Interior and Safety may establish and operate a comprehensive information system. |
| (3) | Matters necessary for the establishment and operation of the comprehensive information system under paragraph (2) shall be prescribed by Presidential Decree. |
| Article 10 (Training of Professionals in Disaster-Safety Industry) |
| (1) | The State and local governments shall endeavor to train professionals necessary for the promotion of the disaster-safety industry. |
| (2) | In order to train professionals pursuant to paragraph (1), the State or local governments may designate a school under Article 2 of the Higher Education Act, or a research institute, agency, or organization established for purposes of research on the field of disaster-safety as a training institution for professionals in the disaster-safety industry (hereinafter referred to as “training institution”) and have such training institution provide necessary education and training. |
| (3) | The State or local governments may grant training institutions a subsidy, within the budget, to help cover the expenses incurred in their education and training, as prescribed by Presidential Decree. |
| (4) | The State or local governments may revoke the designation of a training institution if it falls under any of the following cases: Provided, That such designation shall be revoked if it falls under subparagraph 1: |
| 1. | Where the training institution is designated by fraud or other improper means; |
| 2. | Where it ceases to meet the requirements for designation; |
| 3. | Where it refuses or delays the training of professionals without good cause. |
| (5) | Matters regarding the criteria and procedures for the designation of training institutions and revocation of such designation, and other necessary matters shall be prescribed by Presidential Decree. |
| Article 11 (Implementation of Projects for Facilitating Technology Development) |
The Minister of the Interior and Safety shall implement the following projects in order to facilitate the development of technologies for the disaster-safety industry:
| 1. | Research and development of disaster safety technologies; |
| 2. | Evaluation of the disaster safety technologies developed; |
| 3. | Commercialization of disaster safety technologies, such as cooperation therein and transfer thereof; |
| 4. | Other projects necessary for developing disaster safety technologies. |
| Article 12 (Support for International Cooperation and Expansion into Overseas Markets) |
| (1) | The Minister of the Interior and Safety may implement the following projects to support the disaster-safety industry in terms of international cooperation and expansion into overseas markets: |
| 1. | Surveys and research for supporting the disaster-safety industry in terms of international cooperation and expansion into overseas markets; |
| 2. | International exchange of technologies, human resources, and information relating to the disaster-safety industry; |
| 3. | Hosting exhibitions and academic conferences relating to the disaster-safety industry; |
| 4. | Overseas marketing and public relations activities relating to the disaster-safety industry; |
| 5. | Supporting disaster safety business entities by providing information, consulting, advice, and education relating to their expansion into overseas markets; |
| 6. | Other projects deemed by the Minister of the Interior and Safety to be necessary for facilitating expansion into overseas markets by the disaster-safety industry. |
| (2) | In order to strengthen the competitiveness of the disaster-safety industry in the global market, the Minister of the Interior and Safety may grant a subsidy within the budget to help a disaster safety business entity cover part of the expenses incurred in implementing any of the following projects: |
| 1. | Expansion into overseas markets relating to the disaster-safety industry; |
| 2. | International exchange of technologies, human resources, and information relating to the disaster-safety industry; |
| 3. | Other projects deemed by the Minister of the Interior and Safety necessary for strengthening the competitiveness of the disaster-safety industry in the global market. |
| Article 13 (Designation or Creation of Facilities and Complexes for Promotion of Disaster-Safety Industry) |
| (1) | The State or local governments may designate or create facilities for promoting the disaster-safety industry (hereinafter referred to as "promotion facilities") and complexes for promoting the disaster-safety industry (hereinafter referred to as "promotion complexes") to increase the efficiency of the disaster-safety industry through inter-linkages among disaster safety business entities, and agencies, corporations, and organizations relating to the disaster-safety industry, and schools prescribed in Article 2 of the Higher Education Act, and to attract or nurture domestic and foreign disaster safety business entities. |
| (2) | The head of a relevant central administrative agency may grant a subsidy to the head of a local government within the budget to help it cover part of the expenses incurred in creating the promotion facilities and promotion complexes. |
| (4) | The State or local governments may revoke the designation of a promotion facility designated under paragraph (1) in any of the following cases, as prescribed by Presidential Decree: Provided, That such designation shall be revoked in cases falling under subparagraph 1: |
| 1. | Where it has been designated by fraud or other improper means; |
| 2. | Where it ceases to meet the requirements for designation; |
| 3. | Where a person who obtained designation of a promotion facility has used a subsidy granted under paragraph (2) for purposes other than the originally intended purposes. |
| (5) | Matters necessary for the designation and operation of promotion facilities and those necessary for the operation of promotion complexes shall be prescribed by Presidential Decree or municipal ordinance. |
CHAPTER IV NURTURING AND SUPPORTING DISASTER-SAFETY INDUSTRY
| Article 14 (Designation of New Technology for Disaster Safety) |
| (1) | The Minister of the Interior and Safety may designate an exemplary disaster safety technology, which has been newly developed in the Republic of Korea or has been recognized as an innovative improvement on the existing disaster safety technology, as a new disaster safety technology (hereinafter referred to as "new technology") after receiving applications therefor. |
| (2) | The period of validity of designation as a new technology shall be five years from the date of such designation, and may be extended after re-examination. |
| (3) | A person who intends to obtain designation of a new technology or an extension of the period of validity of designation shall submit an application and related documents to the Minister of the Interior and Safety, as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (4) | If the Minister of the Interior and Safety determines that a technology meets the criteria for designation upon examination of an application, related documents, etc. submitted pursuant to paragraph (3), a certificate of designation of a new technology shall be issued as prescribed by Ordinance of the Ministry of the Interior and Safety, and such fact of designation and others shall be publicly announced in the Official Gazette or through an information and communications network designated by the Minister of the Interior and Safety. |
| (5) | A person who has obtained designation of new technology under paragraph (4) may indicate and publicize the fact of designation (including publicity by electronic means, such as the Internet; hereinafter the same shall apply). In such cases, a person who has not obtained designation of new technology shall neither use a mark of such designation or any similar mark, nor publicize the fact. |
| (6) | If deemed necessary for protecting a technology developer, the Minister of the Interior and Safety may allow the developer to receive royalties for the new technology during the period of validity, or take other measures for protection. |
| (7) | Except as provided in paragraphs (1) through (6), matters regarding the criteria for, eligibility of, procedures for, and indication of, designation of new technology, an extension of the period of its validity, and protection of a new technology shall be prescribed by Presidential Decree. |
| Article 15 (Revocation of Designation of New Technology) |
| (1) | The Minister of the Interior and Safety may revoke the designation of a new technology which falls under any of the following cases: Provided, That such designation shall be revoked in cases falling under subparagraph 1: |
| 1. | Where it has been designated as a new technology by fraud or other improper means; |
| 2. | Where it ceases to meet the criteria for designation; |
| 3. | Where the details of the new technology are found to be seriously defective, making it impossible to be used for facilities or products; |
| 4. | Where the new technology itself has a serious defect, causing a serious defect in the nature or performance of facilities or products built or manufactured based on such new technology; |
| 5. | Where it infringes the rights of a third party, such as intellectual property rights. |
| (2) | Matters regarding the procedures for and methods of revocation of designation of new technology under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 16 (Certification of Disaster Safety Products) |
| (1) | The Minister of the Interior and Safety may certify the conformity (hereinafter referred to as "certification") of disaster safety products closely related to citizens' lives that are prescribed by Presidential Decree, to better protect citizens upon receiving applications therefor. |
| (2) | The period of validity of certification shall be three years from the date such certification is obtained, and may be extended after re-examination. |
| (3) | A person who intends to obtain certification or an extension of the period of its validity shall submit an application and related documents to the Minister of the Interior and Safety, as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (4) | Where the Minister of the Interior and Safety determines that a disaster safety product meets the criteria for certification upon examination of an application, related documents, etc. submitted pursuant to paragraph (3), a certificate shall be issued as prescribed by Ordinance of the Ministry of the Interior and Safety, and such fact of certification shall be publicly announced in the Official Gazette or through an information and communications network designated by the Minister. |
| (5) | The fact of certification may be indicted on a disaster safety product certified under paragraph (4) (hereinafter referred to as "certified product"), its packaging, promotional materials, etc. for publicity purposes. In such cases, no product without certification shall bear a certification mark or any similar mark, or shall be publicized as such. |
| (6) | Except as provided in paragraphs (1) through (5), matters regarding the criteria for, eligibility of, procedures for, and indication of, certification, and an extension of the period of its validity shall be prescribed by Presidential Decree. |
| Article 17 (Follow-up Management of Certified Products) |
| (1) | The Minister of the Interior and Safety may conduct an inspection to verify whether a certified product maintains the quality standards during the period of validity of certification. |
| (2) | Matters regarding the methods and procedures for such inspection under paragraph (1) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| Article 18 (Revocation of Certification) |
| (1) | The Minister of the Interior and Safety may revoke certification if a person who has obtained certification falls under any of the following cases: Provided, That certification shall be revoked in cases falling under subparagraph 1: |
| 1. | Where the person has obtained certification by fraud or other improper means; |
| 3. | Where the product ceases to meet the criteria for certification; |
| 3. | Where the person has refused an inspection under Article 17 (1) without just cause; |
| 4. | Where it is deemed impracticable for the person to produce or manufacture the certified product due to the change of the type of business, closure of business, etc.; |
| 3. | Where the product infringes the rights of a third party, such as intellectual property rights. |
| (2) | Matters regarding the procedures for and methods of revocation of certification under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 19 (Recommendation of Preferential Utilization) |
| (2) | A person in charge of contract affairs or construction works such as design at a disaster management agency that purchases certified products or products utilizing new technologies pursuant to paragraph (1) or places orders for construction or services utilizing new technologies is not liable for any loss suffered by the agency resulting from such purchase or utilization of new technologies, unless there is any intent or gross negligence on the part of such person: Provided, That the person shall not be exempt from liability under the State Compensation Act. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for the preferential utilization of new technologies or certified products shall be prescribed by Presidential Decree. |
| Article 20 (Support for Business Startup and Commercialization) |
| (1) | The Minister of the Interior and Safety may grant a subsidy, within the budget, to encourage job creation and business startup in the disaster-safety industry and to assist entrepreneurs in their growth and development. |
| (2) | The Minister of the Interior and Safety may grant disaster safety business entities a subsidy, within the budget, to help them cover expenses necessary, to strengthen the competitiveness of the disaster-safety industry and facilitate the commercialization of disaster-safety technologies and disaster-safety products (referring to developing, producing, and selling products or services by using developed technologies, or distributing developed products or services; hereinafter the same shall apply). |
| (3) | Matters regarding the details, eligibility, methods, procedures of providing support for business startup and commercialization under paragraphs (1) and (2) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 21 (Survey on Demand for Disaster-Safety Industry and Disclosure of Survey Findings) |
| (1) | The Minister of the Interior and Safety may conduct a survey on demands for construction projects or services utilizing disaster safety products or disaster safety technologies as well as investment management plans regarding the State, local governments, corporations invested or contributed by the State or a local government, or other institutions responsible for disaster management, and may disclose the survey findings. |
| (2) | Matters regarding survey targets, and procedures and methods for disclosing the survey findings under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 22 (Establishment and Operation of Association for Disaster-Safety Industry) |
| (1) | Disaster safety business entities may establish an association for the disaster-safety industry (hereinafter referred to as the "Association") to ensure the sound development of the disaster-safety industry and their common interests. |
| (2) | The Association shall be a corporation. |
| (3) | The Association shall perform the following duties: |
| 1. | Research on systems for promoting the disaster-safety industry and proposal for improvement; |
| 2. | Training of professionals in the disaster-safety industry; |
| 3. | Collection, analysis, and provision of information on markets related to the disaster-safety industry; |
| 4. | Facilitation of the distribution of disaster safety technologies and disaster safety products; |
| 5. | Support for the activities of protection of intellectual property rights, etc. of disaster safety business entities; |
| 6. | Other projects necessary for attaining the objectives of the establishment of the Association, as prescribed by the articles of association.. |
| (4) | Except as provided in this Act, the provisions of the Civil Act governing incorporated associations shall apply mutatis mutandis to the Association. |
CHAPTER Ⅴ SUPPLEMENTARY PROVISIONS
Any of the following persons shall pay fees to the Minister of the Interior and Safety, as prescribed by Ordinance of the Ministry of the Interior and Safety: Provided, That where the Minister of the Interior and Safety entrusts his or her duties pursuant to Article 26, such fees shall be paid to the agency, corporation or organization so entrusted: | 1. | A person intending to obtain designation of a new technology or an extension of the period of validity of designation under Article 14 (3); |
| 2. | A person intending to obtain certification or an extension of the period of validity of certification under Article 16 (3). |
| Article 24 (Commendations) |
The Government may select and award individuals, organizations, enterprises, etc., for their significant contribution to the facilitation of the development and distribution of disaster safety technologies and disaster safety products and to the growth of the disaster-safety industry.
If` the Minister of the Interior and Safety or the head of a local government intends to take any of the following dispositions, he or she shall hold a hearing:
| 1. | Revocation of the designation of training institutions under Article 10 (4); |
| 2. | Cancellation of the designation of promotion facilities under Article 13 (4); |
| 3. | Revocation of the designation of new technologies under Article 15 (1); |
| 4. | Revocation of certification under Article 18 (1). |
| Article 26 (Entrustment of Duties) |
The Minister of the Interior and Safety may entrust the following duties to a relevant agency, corporation or organization, as prescribed by Presidential Decree:
| 1. | Fact-finding surveys on the disaster-safety industry under Article 8; |
| 2. | Projects for facilitating technology development under Article 11; |
| 3. | Support for international cooperation and expansion into overseas markets under Article 12; |
| 4. | Operation of promotion facilities and promotion complexes under Article 13; |
| 5. | Designation of new technologies under Article 14; |
| 7. | Support for business startup and commercialization under Article 20; |
| 8. | Survey on the demand for the disaster-safety industry under Article 21; |
| Article 27 (Legal Fiction as Public Official in Application of Penalty Provisions) |
CHAPTER Ⅵ PENALTY PROVISIONS
| Article 28 (Penalty Provisions) |
Any of the following persons shall be punished by a fine not exceeding 10 million won:
| 1. | A person who indicates or publicizes the designation of a new technology in violation of Article 14 (5); |
| 2. | A person who indicates or publicizes certification in violation of Article 16 (5). |
| Article 29 (Joint Penalty Provisions) |
If the representative of a corporation or an agent or employee of, or other person employed by, the corporation or individual commits any of the violations set forth in Article 28 in the course of performing the business affairs of the corporation or individual, such corporation or individual shall, in addition to the offender, be subject to a fine prescribed in the relevant provisions: Provided, That this shall not apply where the corporation or individual has not been negligent in exercising due care and supervision concerning the relevant business affairs to prevent such violations.
ADDENDA <Act No. 18685, Jan. 4, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures)
| (1) | Where a person applies for the designation of a new technology for disaster prevention, during the evaluation of disaster prevention technology prescribed in Article 60 of the Countermeasures against Natural Disasters Act as at the time this Act enters into force, he or she shall be deemed to have applied for the designation of a new technology under Article 14 of this Act. |
| (2) | A new technology for disaster prevention which is designated under Article 61 of the previous Countermeasures against Natural Disasters Act and still is in the protection period valid as at the time this Act enters into force, shall be deemed designated as a new technology under Article 14 of this Act. In such cases, the period of validity of the relevant new technology shall be the remainder of the previous protection period. |
| (5) | A product which is certified pursuant to Article 73-4 of the previous Framework Act on the Management of Disasters and Safety and the validity period for which has not expired as at the time this Act enters into force shall be deemed certified pursuant to Article 16 of this Act. In such cases, the period of validity of certification shall be the remainder of the previous validity period. |
Article 3 Omitted.
Article 4 (Relationship to Other Statutes or Regulations)