대한민국영문법령모바일사이트

Article 1 (Purpose)

The purpose of this Decree is to prescribe matters mandated by the Electric Safety Management Act and those necessary for enforcing that Act.

Article 2 (Formulation and Modification of Master Plans for Electrical Safety Management)

(1)	"Where minor matters prescribed by Presidential Decree in the master plan are to be modified” in the proviso of Article 5 (3) of the Electrical Safety Management Act (hereinafter referred to as the "Act”) means the following cases:

1.	Where the scale of business by sector determined by a master plan for electrical safety management prescribed in Article 5 (1) of the Act (hereinafter referred to as "master plan") is to be changed by up to 15/100;

2.	Where the period of business by sector determined by a master plan is to be changed by up to one year;

3.	Where any correction is made to a miscalculation, a misspelling, an omission, or an apparent error equivalent thereto;

4.	Where any change is to be made to other matters, which are publicly notified by the Minister of Trade, Industry and Energy and do not affect the purpose and direction of a master plan.

(2)

Pursuant to Article 5 (4) of the Act, the Minister of Trade, Industry and Energy may request that the head of the relevant central administrative agency, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as “Mayor/Do Governor”), or the head of a public institution under Article 4 of the Act on the Management of Public Institutions (hereinafter referred to as “public institution”) provide data or cooperation with regard to the following:

1.	Revising regulation related to the safety of electric installations;

2.	Conducting electrical safety inspections of facilities where electric installations are established, jointly with relevant agencies;

3.	Calculating and managing statistics and cases regarding accidents caused by electric installations;

4.	Promoting electrical safety culture campaigns to raise awareness of safety related to electric installations;

5.	Supporting publicity activities for preventing accidents caused by electric installations;

6.	Other matters that the Minister of Trade, Industry and Energy deems necessary to efficiently execute a master plan.

(3)

Where the Minister of Trade, Industry and Energy formulates or modifies a master plan, he or she shall notify the relevant matters to the head of the relevant central administrative agency, a Mayor/Do Governor, or the head of a public institution (limited to a public institution that performs affairs regarding electrical safety management) within one month from the date of such formulation or modification, and shall make a public announcement of the matters on the website of the Ministry of Trade, Industry, and Energy, pursuant to Article 5 (5) of the Act.

Article 3 (Composition of Electrical Safety Advisory Body)

(1)	The electrical safety advisory body established under Article 6 (1) of the Act (hereinafter referred to as “electrical safety advisory body”) shall be composed of up to 15 members, including one chairperson.

(2)

The chairperson of the electrical safety advisory body (hereinafter referred to as "chairperson") shall be appointed by the Minister of Trade, Industry and Energy, from among public officials of Grade IV or higher in charge of electrical safety management in the Ministry of Trade, Industry and Energy.

(3)	A member of the electrical safety advisory body (hereinafter referred to as "member") shall be appointed or commissioned by the chairperson from among the following persons:

1.	A person recommended by the head of an electricity-related institution or organization, from among its executive officers and employees;

2.	Other persons with extensive expertise or experience in the field of electrical safety management.

(4)	Each member shall hold office for a term of two years.

Article 4 (Functions and Operation of Electrical Safety Advisory Body)

(1)	The electrical safety advisory body shall render advice on the following:

1.	Matters regarding the formulation or modification of a master plan;

2.	Matters regarding the improvement of the safety management system for electric installations;

3.	Matters regarding mid- and long-term policies on electrical safety management;

4.	Other matters that the Minister of Trade, Industry and Energy deems necessary for electrical safety management.

(2)	Meetings of the electrical safety advisory body shall be convened by the chairperson.

Article 5 (Authorization for Plans for Work)

The Minister of Trade, Industry and Energy shall authorize a plan for work for establishing or altering electric installations pursuant Article 8 (1) of the Act, only where the relevant plan is in conformity with the technical standards prescribed in Article 67 of the Electric Utility Act.

Article 6 Deleted. <Apr. 11, 2023>

Article 7 (Electrical Safety Inspections of Facilities Used by Multitude)

(1)

"Pistol shooting ranges prescribed by Presidential Decree" in Article 13 (1) 3 of the Act means pistol shooting ranges prescribed in Article 2 (1) of the Enforcement Decree of the Act on Safety Management of Shooting and Shooting Ranges and subparagraph 3 of attached Table 1 of that Enforcement Decree (limited to indoor shooting ranges but including those installed in multi-purpose shooting ranges referred to in Article 2 (1) of that Enforcement Decree).

(2)

"Golf driving ranges prescribed by Presidential Decree" in Article 13 (1) 4 of the Act means golf driving ranges referred to in attached Table 1 of the Enforcement Decree of the Installation and Utilization of Sports Facilities Act (limited to those provided for public use in practicing golf swings with at least one separate indoor space and equipped with screens, projectors, and other facilities).

(3)

"Karaoke bar business and entertainment bar business prescribed by Presidential Decree" in Article 13 (1) 6 of the Act means karaoke bar business under subparagraph 8 (c) of Article 21 of the Enforcement Decree of the Food Sanitation Act and entertainment bar business under subparagraph 8 (d) of Article 21 of that Enforcement Decree.

(4)	"Facilities prescribed by Presidential Decree" in Article 13 (1) 9 of the Act means the following: <Amended on Nov. 29, 2022>

1.	A performance hall defined in subparagraph 4 of Article 2 of the Public Performance Act;

2.	A movie theater defined in subparagraph 10 of Article 2 of the Promotion of the Motion Pictures and Video Products Act;

3.	A discount retailer, specialty store, department store, or shopping center referred to in subparagraphs 1 through 4 of the attached Table of the Enforcement Decree of the Distribution Industry Development Act;

4.	A general hospital prescribed in Article 3-3 of the Medical Service Act;

5.	A facility for hotel business under Article 3 (1) 2 (a) of the Tourism Promotion Act, a facility for international conference business under subparagraph 4 of that paragraph, and a facility for casino business under subparagraph 5 of that paragraph;

6.	A facility for lodging business under Article 2 (1) 2 of the Public Health Control Act and a facility for public bath business under subparagraph 3 of that paragraph;

7.	A facility for postnatal care business defined in subparagraph 10 of Article 2 of the Mother and Child Health Act;

8.	A facility for the following business:

(a)	Study room business: The business of providing lodging or accommodations with facilities, etc. for studying in partitioned spaces;

(b)	Phone dating room business or visual chatting room business: The business of providing facilities, etc. for chatting by telephone, television, monitor, camera, etc. in partitioned spaces;

(c)	Sleeping room business: The business of providing beds (including cots), capsule-type rooms, or other ancillary facilities for resting;

(d)	Daytime discotheque business: The business of providing guests with facilities, etc. for dancing, in which the sale of alcoholic beverage is prohibited;

9.	A private teaching institute defined in subparagraph 1 of Article 2 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereafter in this Article referred to as "private teaching institute"), which falls under any of the following categories:

(a)	A private teaching institute that provide accommodations;

(b)	A private teaching institute with a seating capacity of at least 300 persons (hereafter in this Article referred to as "seating capacity"), as calculated pursuant to attached Table 4 of the Enforcement Decree of the Act on Installation and Management of Firefighting Systems;

(c)	A private teaching institute with a total seating capacity of at least 300 persons, where at least two private teaching institutes with a seating capacity of less than 300 persons are in one building;

10.

A welfare facility for senior citizens under Article 31 of the Welfare of Senior Citizens Act: Provided, That a center for senior citizens under Article 36 (1) 2 of that Act, a facility for visiting medical treatment services under Article 38 (1) 1 of that Act, and a facility for visiting bath services under Article 38 (1) 4 of that Act shall be excluded herefrom;

11.	A facility for private lodging business in agricultural and fishing villages prescribed in subparagraph 16 (d) of Article 2 of the Agricultural and Fishing Villages Improvement Act;

12.	A charging facility for electric vehicles (limited to electric installations for private use) prescribed in Article 11-2 of the Act on Promotion of Development and Distribution of Environment-Friendly Motor Vehicles.

Article 8 (Installations Subject to Emergency Measures)

(1)	Emergency measures under Article 15 (3) of the Act shall be taken for electric installations for general use (limited to residential use) owned or occupied by the following persons:

1.	A recipient defined in subparagraph 2 of Article 2 of the National Basic Living Security Act or the second-lowest income bracket defined in subparagraph 10 of that Article;

2.	A person with the degree of disability prescribed by Ordinance of the Ministry of Trade, Industry, and Energy, among persons with disabilities prescribed in Article 2 (2) of the Act on Welfare of Persons with Disabilities;

3.	A person whose disability rating is determined to be any of Ratings 1 through 3 prescribed in Article 6-4 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State;

4.	A person of distinguished service to independence and his or her survivors or family members under Articles 4 and 5 of the Act on the Honorable Treatment of Persons of Distinguished Service to Independence;

5.	A person of distinguished service to the May 18 Democratization Movement and his or her survivors or family members under Articles 4 and 5 of the Act on the Honorable Treatment of Persons of Distinguished Service to the May 18 Democratization Movement;

6.	A person who establishes and operates the following facilities:

(a)	A child welfare facility under Article 52 of the Child Welfare Act;

(b)	A welfare facility for senior citizens under Article 31 of the Welfare of Senior Citizens Act;

(c)	A welfare facility for persons with disabilities under Article 58 of the Act on Welfare of Persons with Disabilities;

(d)	A single-parent family welfare facility under Article 19 (1) of the Single-Parent Family Support Act;

(e)	A child care center under Article 10 of the Child Care Act;

(f)	A support facility for victims, etc. of commercial sex acts under Article 9 (1) of the Act on the Prevention of Commercial Sex Acts and Protection of Victims;

(g)	A mental health rehabilitation facility defined in subparagraph 7 of Article 3 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients;

(h)	A shelter under Article 7-2 (1) of the Act on the Prevention of Domestic Violence and Protection of Victims;

(i)	A counseling center for victims of sexual violence established under Article 10 of the Sexual Violence Prevention and Victims Protection Act and a protection facility for victims of sexual violence under Article 12 of that Act.

(2)	The scope of emergency measures taken under Article 15 (3) of the Act shall be as follows:

1.	Construction referred to in the subparagraphs of Article 5 (1) of the Enforcement Decree of the Electrical Construction Business Act;

2.	Measures taken for temporary restrictions on the use of electricity to the extent necessary to prevent electrical disasters caused by electric leakages, short circuits, etc.;

3.	Construction for replacing or repairing a low voltage electric installation prescribed by Ordinance of the Ministry of Trade, Industry and Energy, to prevent any of the following cases:

(a)	Where a considerable loss is likely to arise or an urgent situation exists due to the suspension of electricity supply or other reasons;

(b)	Where an electric installation is likely to be destroyed or damaged.

Article 9 (Compensation for Loss)

(1)	The Minister of Trade, Industry and Energy shall determine compensation for any loss incurred by an order issued under Article 16 (3) or (4) of the Act in consultation with the person who has sustained such loss.

(2)

When a consultation under paragraph (1) fails to lead to an agreement or it is impracticable to have a consultation, the Minister of Trade, Industry and Energy may apply for adjudication to the competent Land Tribunal, as prescribed by the Act on Acquisition of and Compensation for Land for Public Works Projects.

Article 10 (Information to Be Disclosed)

Pursuant to Article 21 (1) of the Act, the Minister of Trade, Industry and Energy or a Mayor/Do Governor may disclose the following information within the scope of information on affairs in each field related to electrical safety management as specified in attached Table 1:

1.	The trade name (where there is no trade name, referring to the name of the representative) and location of a facility where an electric installation is established;

2.	The current status of electric installations (the voltages and capacities of passive equipment and power-generation facilities);

3.	The date and results of an inspection of electric installations;

4.	The name of an inspector of electric installations;

5.	The date and results of an inspection conducted by an electrical safety supervisor;

6.	The name, and type of appointment, of an electrical safety supervisor, the name of an enterprise, and the current status of education;

7.	The name of a contractor (in the case of a corporation, referring to its name and the name of its representative).

Article 11 (Registration of Persons Specializing in Electrical Safety Management Duties)

(1)	"Requirements prescribed by Presidential Decree, such as capital, technical personnel, and equipment" in Article 22 (2) 1 and 2 of the Act means the requirements specified in attached Table 2.

(2)

Except where a person who files for registration to be entrusted with electrical safety management duties under Article 22 (2) 1 or 2 of the Act falls under either of the following cases, the Minister of Trade, Industry and Energy shall grant registration to him or her pursuant to Article 26 (1) 1 or 2 of the Act:

1.	Where the person fails to meet the requirements specified in paragraph (1);

2.	Other cases where the person violates restrictions imposed under the Act, this Decree, or other statutes or regulations.

(3)	"Requirements prescribed by Presidential Decree, such as capital and technical personnel" in Article 22 (3) 2 of the Act means the requirements specified in attached Table 3.

(4)

Except where a person who files for registration to perform electrical safety management duties as an electrical safety management agent under Article 22 (3) 2 of the Act falls under either of the following cases, the Minister of Trade, Industry and Energy shall grant registration to him or her pursuant to Article 26 (1) 3 of the Act:

1.	Where the person fails to meet the requirements specified in paragraph (3);

2.	Other cases where the person violates restrictions imposed under the Act, this Decree, or other statutes or regulations.

(5)

A person who intends to perform electrical safety management duties as an agent pursuant to Article 22 (3) 3 of the Act shall qualify as an industrial electrician in the field of electricity or hold any higher qualification under the National Technical Qualifications Act and shall have the equipment specified in attached Table 4.

(6)	Except where a person prescribed in Article 22 (3) 3 of the Act who files for registration to perform safety management duties as an agent falls under either of the following cases, a Mayor/Do Governor shall grant registration to him or her pursuant to Article 26 (1) 4 of the Act:

1.	Where the person fails to have the equipment specified in paragraph (5);

2.	Other cases where the person violates restrictions imposed under the Act, this Decree, or other statutes or regulations.

Article 12 (Subject Matters of and Timing for Fact-Finding Surveys)

(1)	A fact-finding survey on electrical safety management duties under Article 29 (1) of the Act (hereinafter referred to as "fact-finding survey") shall be conducted with regard to electric installations for electric utility business or electric installations for private use once every year.

(2)	A fact-finding survey shall be conducted in the form of a sample survey, and it may be conducted in the form of a document survey, field survey, etc. or by electronic means, such as information and communications networks or e-mails.

(3)	For an efficient fact-finding survey, the Minister of Trade, Industry and Energy may conduct a fact-finding survey jointly with a specialized institution or organization related to electrical safety management or may request such institution or organization to conduct the survey.

Article 13 (Financial Resources to Operate the Korea Electrical Safety Corporation)

(1)

A central administrative agency and a local government, among disaster management agencies defined in subparagraph 5 of Article 3 of the Framework Act on the Management of Disasters and Safety, shall pay the expenses for disaster prevention inspections to the Korea Electrical Safety Corporation (hereinafter referred to as "KESCO"). <Amended on Apr. 11, 2023>

(2)

A central administrative agency and a local government shall determine expenses for disaster prevention inspections prescribed in paragraph (1) after hearing the opinion of the KESCO, in consideration of the following matters, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy:

1.	An entity subject to disaster prevention inspections;

2.	The details of disaster prevention inspections;

3.	Personnel and equipment required for disaster prevention inspections;

4.	A budget required for disaster prevention inspections.

[Title Amended on Apr. 11, 2023]

Article 14 (Operation of Comprehensive Electrical Safety Information System)

(1)	The Minister of Trade, Industry and Energy may perform the following affairs through the Comprehensive Electrical Safety Information System established under Article 38 (1) of the Act (hereinafter referred to as the "Comprehensive Electrical Safety Information System"):

1.	Affairs regarding the safety management of electric installations under Articles 9 through 17 of the Act;

2.	Affairs regarding disclosure of information under Article 21 of the Act;

3.	Affairs regarding managing the current status of appointment and dismissal of electrical safety supervisors; preparation, retention, and submission of records on electrical safety management; and the current status of electrical safety education under Articles 22 through 25 of the Act;

4.	Affairs regarding the registration of persons, etc. specializing in electrical safety management duties under Article 26 of the Act;

5.	Affairs regarding fact-finding surveys under Article 29 of the Act;

6.	Affairs regarding notification and investigation of serious accidents under Article 40 of the Act;

7.	Affair regarding preparation of electrical disaster statistics under Article 41 of the Act (hereinafter referred to as "electrical disaster statistics");

8.	Other affairs that the Minister of Trade, Industry and Energy deems necessary to efficiently manage information on electrical safety management.

(2)	A Mayor/Do Governor may perform affairs related to an inspection conducted under Article 29 (3) of the Act through the Comprehensive Electrical Safety Information System.

Article 14-2 (Request for Data)

Where inevitable to perform the affairs specified in Article 14 (1) of this Decree pursuant to Article 38 (2) of the Act, the Minister of Trade, Industry and Energy may request the name, resident registration number and address of the head of a household under the Resident Registration Act from the head of the relevant central administrative agency.

[This Article Newly Inserted on Jun. 21, 2022]

Article 15 (Electrical Accidents Subject to Investigations)

"Electrical accidents prescribed by Presidential Decree" in Article 40 (3) of the Act means the following:

1.	A serious accident under Article 40 (1) of the Act;

2.	The following accidents presumed to have been caused by electricity:

(a)	A fire accident in which at least two persons are dead or at least three persons are injured;

(b)	A fire accident in which damage to property amounts to 300 million won (such damage shall be based on the value estimated by the relevant police agency or fire service agency or station with regard to the relevant fire accident);

(c)

Any other fire accident, the scale of which is similar to that of an accident prescribed in subparagraph 1 or item (a) or (b), which is designated by the Minister of Trade, Industry and Energy as it is deemed necessary to investigate the cause, details, etc. of the accident in order to prevent a recurrence of the relevant accident.

Article 16 (Preparation and Management of Electrical Disaster Statistics)

(1)	The Minister of Trade, Industry and Energy may prepare and manage electrical disaster statistics on a yearly basis.

(2)	The items to be included in the electrical disaster statistics shall be as follows:

1.	The current status of electrical fire accidents;

2.	The current status of electric shocks;

3.	Other matters that the Minister of Trade, Industry and Energy deems necessary to effectively establish and implement policies on electrical safety management.

Article 17 (Delegation of Authority and Entrustment of Duties)

(1)	The Minister of Trade, Industry and Energy shall delegate the following authority to a Mayor/Do Governor under Article 43 (1) of the Act:

1.	Receiving reports on works for establishing or altering electric installations for private use under Article 8 (4) of the Act (excluding where the relevant authority is delegated to the Administrator of each Free Trade Zone Office pursuant to paragraph (2) 1);

2.	Issuing orders to meet the technical standards under Article 20 of the Act for a power-generation installation with an installed capacity of less than 10,000 kilowatts.

(2)

Pursuant to Article 43 (1) of the Act, the Minister of Trade, Industry and Energy shall delegate the following authority with regard to electric installations for private use in each free trade zone defined in subparagraph 1 of Article 2 of the Act on Designation and Management of Free Trade Zones, to the Administrator of each Free Trade Zone Office:

1.	Receiving reports on works for establishing or altering electric installations for private use under Article 8 (4) of the Act;

2.	Issuing orders to meet the technical standards under Article 20 of the Act with regard to electric installations (excluding works prescribed by Ordinance of the Ministry of Trade, Industry and Energy under Article 8 (1) of the Act).

(3)	The Minister of Trade, Industry and Energy or a Mayor/Do Governor shall entrust the following duties to the KESCO under Article 43 (2) of the Act: <Amended on Jun. 21, 2022>

1.	Receiving reports on, or reports on modifications in, plans for works for establishing or altering electric installations for private use under Article 8 (2) of the Act;

2.	Conducting pre-use inspections of electric installations for private use under Article 9 of the Act;

3.	Permitting the temporary use of electric installations for private use under Article 10 of the Act;

4.	Conducting periodic inspections of electric installations under Article 11 of the Act;

5.	Establishing and operating a control center under Article 12-2 of the Act;

6.	Establishing and operating the Comprehensive Electrical Safety Information System.

(4)

Pursuant to Article 43 (3) of the Act, the Minister of Trade, Industry and Energy or a Mayor/Do Governor shall entrust the following duties to an organization designated and publicly notified by the Minister of Trade, Industry and Energy, among associations of electrical engineers under Article 18 (1) of the Electric Technology Management Act which meet the requirements prescribed by Ordinance of the Ministry of Trade, Industry and Energy:

1.	Safety management training under Article 25 (1) 1 of the Act;

2.	Registration of modifications filed by a person specializing in electrical safety management duties, a person specializing in managing facilities, and an electrical safety management agent under Article 26 (2) of the Act (limited to where modified matters are related to technical personnel).

(5)

Pursuant to Article 43 (3) of the Act, the Minister of Trade, Industry and Energy shall entrust duties regarding construction safety training specified in Article 25 (1) 2 of the Act to an organization designated and publicly notified by the Minister of Trade, Industry and Energy, among constructors' organizations under Article 25 (1) of the Electrical Construction Business Act which meet the requirements prescribed by Ordinance of the Ministry of Trade, Industry and Energy.

[Title Amended on Jun. 21, 2022]

Article 18 (Processing of Personally Identifiable Information)

(1)

Where inevitable to perform the following affairs, the Minister of Trade, Industry and Energy (including a person delegated or entrusted with the authority or duties of the Minister of Trade, Industry and Energy pursuant to Article 43 of the Act) may process data containing resident registration numbers or alien registration numbers prescribed in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act:

1.	Affairs regarding registration of persons specializing in electrical safety management duties, etc. under Article 26 (1) and (2) of the Act;

2.	Affairs regarding the imposition and collection of administrative fines under Article 52 of the Act.

(2)

Where inevitable to perform affairs regarding notification of safety inspections under Articles 12 (1) and (2), and 13 (1) of the Act, the KESCO may process data containing resident registration numbers or alien registration numbers prescribed in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act. <Amended on Jun. 21, 2022>

(3)

Where inevitable to perform affairs regarding reports on the appointment or dismissal of an electrical safety supervisor under Article 23 (1) of the Act, an organization designated and publicly notified by the Minister of Trade, Industry and Energy, among associations of electrical engineers under Article 18 (1) of the Electric Technology Management Act, may process data containing resident registration numbers or alien registration numbers prescribed in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act.

Article 19 (Criteria for Imposition of Administrative Fines)

The criteria for imposing administrative fines under Article 52 (1) and (2) of the Act shall be as specified in attached Table 5.

법령조회

ENFORCEMENT DECREE OF THE ELECTRICAL SAFETY MANAGEMENT ACT