CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to systematically and efficiently manage disaster management resources, to promptly and stably mobilize disaster management resources when a disaster is likely to occur or occurs, and thereby to protect citizens' lives, physical health, and property, by prescribing matters regarding the management, etc. of disaster management resources.
The terms used in this Act are defined as follows:
| 1. | The term “disaster management resources" means material and human resources, such as commodities, property, and human resources necessary for disaster management (hereinafter referred to as "disaster management") defined in subparagraph 3 of Article 3 of the Framework Act on the Management of Disasters and Safety (hereinafter referred to as the "Framework Act"); |
| 2. | The term "disaster management commodities" means any of the following commodities that are managed as disaster management resources: |
| (c) | Other commodities prescribed by Presidential Decree as equivalent to those under items (a) and (b); |
| 3. | The term "disaster management property" means any of the following property that is managed as disaster management resources: |
| (c) | Other property prescribed by Presidential Decree as equivalent to that under items (a) and (b); |
| 4. | The term "disaster management human resources" means any of the following human resources managed as disaster management resources, which belong to a management agency defined in subparagraph 10 or an institution, organization, or corporation with which the head of a management agency has had prior consultation or concluded a prior agreement pursuant to Article 42 (2): |
| (c) | Other persons who have extensive knowledge of and experience in disaster management; |
| 5. | The term "supplier" means any of the following persons: |
| (a) | A person who conducts the business of manufacturing disaster management resources; |
| (b) | A person who conducts the business of selling, lending, or renting disaster management resources; |
| (c) | A person who conducts the business of providing services that use or utilize disaster management resources; |
| 6. | The term "supply chain management" means supervising, processing, and managing a series of processes in which disaster management resources or information on disaster management resources is delivered from suppliers to users; |
| 7. | The term "supply chain management system" means an interconnected combination of facilities, equipment, information, organizations, human resources, etc. that enables them to fulfill their functions organizationally for efficient supply chain management activities; |
| 8. | The term "disaster management logistics" means transportation, storage, unloading, etc., that are conducted during the period disaster management resources are produced and supplied by a supplier and delivered to a user or such resources are collected from a user and scrapped; as well as processing, assembly, classification, repair, packaging, labeling, sales, information, communications, etc., added thereto; |
| 9. | The term "disaster management logistics system" means an interconnected combination of facilities, equipment, information, organizations, human resources, etc. that enables them to fulfill their functions organizationally for efficient disaster management logistics activities; |
| 10. | The term "management agency" means any of the following agencies: |
| (a) | A disaster management agency defined in subparagraph 5 of Article 3 of the Framework Act; |
| (c) | A local public enterprise under the Local Public Enterprises Act that is prescribed by Presidential Decree to systematically and efficiently manage disaster management resources under its jurisdiction. |
| Article 3 (Responsibilities of the State) |
| (1) | The State and a local government shall formulate and implement policy measures necessary to manage disaster management resources. |
| (2) | Business entities and citizens shall actively cooperate in the policy measures taken by the State or a local government for the management of disaster management resources. |
| Article 4 (Overall Control and Coordination of Business Affairs regarding Management of Disaster Management Resources) |
The Minister of the Interior and Safety shall exercise overall control over and coordinate business affairs regarding the management of disaster management resources performed by the State or a local government.
| Article 5 (Relationship to Other Statutes) |
| (1) | Except as otherwise provided in other statutes, the management, etc. of disaster management resources shall be governed by this Act. |
CHAPTER II SUPPLY CHAIN MANAGEMENT SYSTEM AND DISASTER MANAGEMENT LOGISTICS SYSTEM
SECTION 1 Supply Chain Management System
| Article 6 (Establishment of Supply Chain Management System) |
| (1) | The Minister of the Interior and Safety shall establish a supply chain management system in a stable manner for disaster management. |
| (2) | The head of the relevant central administrative agency may establish a supply chain management system for disaster management resources necessary for disaster management affairs under his or her jurisdiction, jointly with the Minister of the Interior and Safety, as prescribed by Presidential Decree. |
| Article 7 (Surveys on Supply Chain Management Information) |
| (1) | In order to establish a supply chain management system, the Minister of the Interior and Safety may conduct a survey on information necessary for supply chain management prescribed by Presidential Decree (hereinafter referred to as "supply chain management information"), such as the current status of suppliers. |
| (2) | The Minister of the Interior and Safety may request the following persons to submit materials necessary for conducting a survey under paragraph (1) or to partially conduct a direct survey; upon receipt of such request, the relevant person shall comply therewith, unless there is a compelling reason not to do so: |
| 1. | The head of the relevant central administrative agency; |
| 2. | 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"); |
| 3. | The head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply); |
| 4. | A trade association that a supplier joins as a member. |
| Article 8 (Entering Supply Chain Management Information) |
| (1) | A person who has conducted a survey on supply chain management information pursuant to Article 7 shall enter the findings of the survey into the integrated management system for disaster management resources under Article 46. |
| (2) | Any of the following suppliers shall enter supply chain management information into the integrated management system for disaster management resources under Article 46: |
| 1. | A supplier who sells, lends, or rents disaster management resources to a management agency or intends to do so; |
| 2. | A supplier who provides services that use or utilize disaster management resources to a management agency or intends to do so. |
| Article 9 (Designation of National Disaster Management Assisting Enterprises) |
| (1) | If deemed necessary for the efficient establishment of a supply chain management system and for the disaster management at the national level, the Minister of the Interior and Safety may designate a supplier who has given prior consent to the duties under paragraph (2) as a national disaster management assisting enterprise, from among suppliers. In such cases, fair and transparent procedures, methods, and criteria shall be applied and such designation shall be disclosed. |
| (2) | The Minister of the Interior and Safety shall serve a notice (including electronic service; hereinafter the same shall apply) on a national disaster management assisting enterprise that has been designated pursuant to paragraph (1) (hereinafter referred to as "national disaster management assisting enterprise"), stating the duties regarding the management and mobilization of disaster management resources following such designation. |
| (3) | A national disaster management assisting enterprise may attach a mark indicating it as such enterprise to disaster management resources, etc., or may use such mark, as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (4) | No person, other than a national disaster management assisting enterprise, shall use the title "national disaster management assisting enterprise" or any similar title. |
| (5) | Other details necessary for the designation, etc. of national disaster management assisting enterprises shall be prescribed by Presidential Decree. |
| Article 10 (Preparedness Measures for National Disaster Management Assisting Enterprises) |
| (1) | The Minister of the Interior and Safety may order a national disaster management assisting enterprise to take the following preparedness measures in consideration of its burden to the extent necessary to perform duties regarding the management and mobilization of disaster management resources, as prescribed by Presidential Decree: |
| 1. | Reinforcement and expansion of facilities; |
| 2. | Technology development; |
| 3. | Establishment of a supply chain management system and linkage with the integrated management system for disaster management resources under Article 46. |
| (2) | Where the Minister of the Interior and Safety intends to issue an order to take preparedness measures under paragraph (1), he or she shall pre-consult with the relevant national disaster management assisting enterprise or hear its opinions. |
| (3) | The Minister of the Interior and Safety may provide administrative or financial support to a national disaster management assisting enterprise that implements an order to take preparedness measures under paragraph (1). |
| Article 11 (Cancellation of Designation of National Disaster Management Assisting Enterprises) |
| (1) | Where the Minister of the Interior and Safety deems that a national disaster management assisting enterprise is unable to perform its duties due to any cause prescribed by Presidential Decree, such as the discontinuation or bankruptcy of its business or the violation of this Act or an order issued under this Act, he or she shall cancel the designation of such enterprise. |
| (2) | Where the Minister of the Interior and Safety cancels the designation pursuant to paragraph (1), he or she shall without delay notify the relevant supplier of such cancellation in writing. |
| Article 12 (Designation of Local Disaster Management Assisting Enterprises) |
| (1) | A Mayor/Do Governor may, if deemed necessary for disaster management under his or her jurisdiction, designate a supplier who has given prior consent to the duties under paragraph (2) as a disaster management assisting enterprise under his or her jurisdiction, from among suppliers under his or her jurisdiction, after consultation with the Minister of the Interior and Safety. In such cases, fair and transparent procedures, methods, and criteria shall be applied and such designation shall be disclosed. |
| (2) | A Mayor/Do Governor shall serve a notice on a disaster management assisting enterprise under his or her jurisdiction that has been designated pursuant to paragraph (1) (hereinafter referred to as "local disaster management assisting enterprise"), stating the duties regarding the management and mobilization of disaster management resources following such designation, and shall inform the Minister of the Interior and Safety of the designation in writing. |
| (3) | A local disaster management assisting enterprise may attach a mark indicating it as such enterprise to the relevant disaster management resources, etc. or may use such mark, as prescribed by ordinance of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province (hereinafter referred to as "City/Do"). |
| (4) | No person, other than a local disaster management assisting enterprise, shall use the title "local disaster management assisting enterprise" or any similar title. |
| (5) | Other details necessary for the designation, etc. of local disaster management assisting enterprises shall be prescribed by Presidential Decree. |
| Article 13 (Preparedness Measures for Local Disaster Management Assisting Enterprises) |
| (1) | A Mayor/Do Governor may order a local disaster management assisting enterprise to take the following preparedness measures in consideration of its burden to the extent necessary to perform duties regarding the management and mobilization of disaster management resources, as prescribed by Presidential Decree: |
| 1. | Reinforcement and expansion of facilities; |
| 2. | Technology development; |
| 3. | Establishment of a supply chain management system and linkage with the integrated management system for disaster management resources under Article 46. |
| (2) | Where a Mayor/Do Governor intends to issue an order to take preparedness measures under paragraph (1), he or she shall pre-consult with the relevant local disaster management assisting enterprise or hear its opinions. |
| (3) | A Mayor/Do Governor may provide administrative or financial support to a local disaster management assisting enterprise that implements an order to take preparedness measures under paragraph (1). |
| Article 14 (Cancellation of Designation of Local Disaster Management Assisting Enterprises) |
| (1) | Where a Mayor/Do Governor deems that a local disaster management assisting enterprise is unable to perform the duties regarding the management and mobilization of disaster management resources due to any cause prescribed by Presidential Decree, such as the discontinuation or bankruptcy of its business or the violation of this Act or an order issued under this Act, he or she shall cancel the designation of such enterprise. |
| (2) | Where a Mayor/Do Governor intends to cancel the designation pursuant to paragraph (1), he or she shall pre-consult with the Minister of the Interior and Safety. |
| (3) | Where a Mayor/Do Governor cancels the designation pursuant to paragraph (1), he or she shall without delay notify the relevant supplier and the Minister of the Interior and Safety of such cancellation in writing. |
| Article 15 (Prohibition of Export) |
| (1) | If it is likely to significantly undermine the safety of citizens due to a rapid rise in the price of, or a shortage of supply of, disaster management resources, the Minister of the Interior and Safety may prohibit disaster management resources from being exported or shipped out of the Republic of Korea. |
| (2) | Where the Minister of the Interior and Safety intends to impose a prohibition pursuant to paragraph (1), he or she shall pre-consult with the head of the relevant central administrative agency and shall determine and publicize the prohibition period in advance. |
SECTION 2 Disaster Management Logistics System
| Article 16 (Establishment of Disaster Management Logistics System) |
| (1) | In order to facilitate the supply and mobilization of disaster management resources, the Minister of the Interior and Safety shall establish a disaster management logistics system in a stable manner by utilizing the logistics system of a person who conducts the logistics business defined in Article 2 (1) 2 of the Framework Act on Logistics Policies (hereinafter referred to as "logistics enterprise"). |
| (2) | When establishing a disaster management logistics system, the Minister of the Interior and Safety may pre-consult with, or hear opinions from, the Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, or the Minister of Trade, Industry and Energy. |
| Article 17 (Designation of National Disaster Management Logistics Enterprises) |
| (1) | If deemed necessary for the efficient establishment of a disaster management logistics system and for the disaster management at the national level, the Minister of the Interior and Safety may designate a logistics enterprise that has given prior consent to the duties under paragraph (2) as a national disaster management logistics enterprise, from among logistics enterprises. In such cases, fair and transparent procedures, methods, and criteria shall be applied and such designation shall be disclosed. |
| (2) | The Minister of the Interior and Safety shall serve a notice on a national disaster management logistics enterprise that has been designated pursuant to paragraph (1) (hereinafter referred to as "national disaster management logistics enterprise"), stating the duties regarding disaster management logistics following such designation. |
| (3) | A national disaster management logistics enterprise may attach a mark indicating it as such enterprise to the means of transportation, etc. or may use such mark, as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| (4) | No person, other than a national disaster management logistics enterprise, shall use the title "national disaster management logistics enterprise" or any similar title. |
| (5) | Other details necessary for the designation, etc. of national disaster management logistics enterprises shall be prescribed by Presidential Decree. |
| Article 18 (Preparedness Measures for National Disaster Management Logistics Enterprises) |
| (1) | The Minister of the Interior and Safety may order a national disaster management logistics enterprise to take the following preparedness measures in consideration of its burden to the extent necessary to perform duties regarding disaster management logistics, as prescribed by Presidential Decree: |
| 1. | Expansion of logistics facilities and equipment necessary for efficient disaster management logistics activities; |
| 2. | Connection with major logistics facilities and means of transportation; |
| 3. | Promotion of joint disaster management logistics; |
| 4. | Establishment of a disaster management logistics system and linkage with the integrated management system for disaster management resources under Article 46. |
| (2) | Where the Minister of the Interior and Safety intends to issue an order to take preparedness measures under paragraph (1), he or she shall pre-consult with the relevant national disaster management logistics enterprise or hear its opinions. |
| (3) | The Minister of the Interior and Safety may provide administrative or financial support to a national disaster management logistics enterprise that implements an order to take preparedness measures under paragraph (1). |
| Article 19 (Cancellation of Designation of National Disaster Management Logistics Enterprises) |
| (1) | Where the Minister of the Interior and Safety deems that a national disaster management logistics enterprise is unable to perform the duties regarding disaster management logistics due to any cause prescribed by Presidential Decree, such as the discontinuation or bankruptcy of its business or the violation of this Act or an order issued under this Act, he or she shall cancel the designation of such enterprise. |
| (2) | Where the Minister of the Interior and Safety cancels the designation pursuant to paragraph (1), he or she shall without delay notify the relevant logistics enterprise of such cancellation in writing. |
CHAPTER III MANAGEMENT PERSONNEL FOR DISASTER MANAGEMENT RESOURCES
| Article 20 (Resource Management Officers) |
| (1) | The head of a management agency may delegate the business affairs of managing disaster management resources under his or her jurisdiction to his or her public officials or employees (hereinafter referred to as "public officials, etc."), as prescribed by Presidential Decree, and if necessary, may delegate such affairs to public officials, etc. belonging to other management agencies. |
| (2) | A public official, etc. to whom the business affairs of managing disaster management resources are delegated pursuant to paragraph (1) shall be referred to as a resource management officer. |
| (3) | The business affairs of managing disaster management resources under paragraph (1) may be delegated by designating a specific position. |
| (4) | Where the business affairs of managing disaster management resources are delegated to a resource management officer pursuant to paragraph (1), such officer shall, without delay, enter his or her basic information, including a management agency and a department to which he or she belongs and the contact information, in the integrated management system for disaster management resources under Article 46. |
| Article 21 (Resource Accounting Officers) |
| (1) | A resource management officer (including a public official, etc. who take partial charge of such officer’s business affairs under Article 23 (1); hereinafter the same shall apply) shall delegate the business affairs of acquiring, disbursing, and storing disaster management resources (excluding the business affairs related to an order of acquisition and disbursement) to a public official, etc. of a management agency to which he or she belongs, as prescribed by Presidential Decree. |
| (2) | A public official, etc. to whom the business affairs of acquiring, disbursing, and storing disaster management resources are delegated pursuant to paragraph (1) shall be referred to as a resource accounting officer. |
| (3) | The business affairs of acquiring, disbursing, and storing disaster management resources under paragraph (1) may be delegated by designating a specific position. |
| (4) | Where the business affairs of acquiring, disbursing, and storing disaster management resources are delegated to a resource accounting officer pursuant to paragraph (1), such officer shall, without delay, enter his or her basic information, including a management agency and a department to which he or she belongs and the contact information, in the integrated management system for disaster management resources under Article 46. |
| Article 22 (Resource Operating Officers) |
| (1) | A resource management officer shall require a public official, etc. of a management agency to which he or she belongs to use or utilize disaster management resources, according to the purpose of the disaster management affairs and such resources’ use, or shall delegate the business affairs of managing disaster management resources that are being used or utilized (hereinafter referred to as “business affairs of using or utilizing disaster management resources”) to such public official, etc., as prescribed by Presidential Decree. |
| (2) | A public official, etc. to whom the business affairs of using or utilizing disaster management resources are delegated shall be referred to as a resource operating officer. |
| (3) | The business affairs of using or utilizing disaster management resources may be delegated by designating a specific position. |
| (4) | Where the business affairs of using or utilizing disaster management resources are delegated to a resource operating officer, such officer shall, without delay, enter his or her basic information, including a management agency and a department to which he or she belongs and the contact information, in the integrated management system for disaster management resources under Article 46. |
| Article 23 (Taking Partial Charge of Business Affairs of, and Acting for, Management Agencies) |
| (1) | The head of a management agency may appoint a public official, etc. to take partial charge of the business affairs of a resource management officer; and a resource management officer may appoint a public official, etc. to take partial charge of the business affairs of a resource accounting officer, as prescribed by Presidential Decree. |
| (2) | Where a resource management officer is unable to perform his or her duties for any unavoidable reason, the head of the relevant management agency may designate a public official, etc. to act on his or her behalf; and where a resource accounting officer or a resource operating officer is unable to perform his or her duties for any unavoidable reason, a resource management officer may designate a public official, etc. to act on his or her behalf, as prescribed by Presidential Decree. |
| (3) | A public official, etc. designated to take partial charge of, or act on behalf of, the relevant officer pursuant to paragraph (1) or (2) shall, without delay, enter his or her basic information, including a management agency and a department to which he or she belongs and the contact information, in the integrated management system for disaster management resources under Article 46. |
| Article 24 (Education of Resource Management Officers) |
| (1) | A resource management officer, a resource accounting officer, and a resource operating officer (including a public official, etc. to take partial charge of, or act on behalf of, the relevant officer pursuant to Article 23 (1) or (2); hereinafter the same shall apply) shall receive specialized education on the management of disaster management resources conducted by the Minister of the Interior and Safety (hereinafter referred to as "specialized education") on a regular or occasional basis. |
| (2) | With regard to a person who fails to receive specialized education without good cause, the Minister of the Interior and Safety may request the head of a management agency to which he or she belongs, to take disciplinary action against him or her. |
| (3) | A person who has received specialized education shall be deemed to have received specialized education under Article 29-2 (1) of the Framework Act. |
| (4) | Except as provided in paragraphs (1) through (3), the types and cycles of specialized education, persons required to receive such education, and other matters necessary for the education shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
CHAPTER IV MANAGEMENT OF DISASTER MANAGEMENT COMMODITIES
SECTION 1 Common Provisions on Disaster Management Commodities
| Article 25 (Classification of Disaster Management Commodities) |
| (1) | The head of a management agency shall manage disaster management commodities under his or her jurisdiction in an efficient and appropriate manner by classifying them by use, function, nature, and item. |
| (2) | Where the head of a management agency deems it necessary for the efficient use and disposal of disaster management commodities under his or her jurisdiction, he or she may change the organizational classification of disaster management commodities under his or her jurisdiction. |
| (3) | The standards for classifying disaster management commodities and the change of their organizational classification under paragraphs (1) and (2), and other matters necessary for the classification of disaster management resources shall be prescribed by Presidential Decree. |
| Article 26 (Standardization of Disaster Management Commodities) |
| (1) | The head of a management agency shall establish the standards for the disaster management commodities used only by the relevant agency, its affiliated agencies, or its subordinate institutions, organizations, or corporations (hereinafter referred to as "affiliated or subordinate institutions, etc."). |
| (2) | The Minister of the Interior and Safety shall establish the standards for the disaster management commodities commonly used by management agencies. |
| (3) | Matters necessary for establishing the standards under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| Article 27 (Consultation on Matters regarding Disaster Management Commodities) |
In order to manage disaster management commodities in an efficient and appropriate manner, the Minister of the Interior and Safety may consult with the Administrator of the Public Procurement Service about the following matters or may cooperate with each other by sharing related information, etc.:
| 1. | Matters regarding the standards for disaster management commodities under Article 26; |
| 2. | Matters regarding the stockpiling and management standards for disaster management commodities under Article 29; |
| 3. | Matters regarding the establishment of the integrated management system for disaster management resources under Article 46; |
| 4. | Other matters regarding the management of disaster management commodities, such as supply chain management, recognized as requiring mutual cooperation. |
SECTION 2 Stockpiling and Management of Disaster Management Commodities
| Article 28 (Stockpiling and Management Plans for Disaster Management Commodities) |
| (1) | The head of a management agency shall formulate a stockpiling and management plan for disaster management commodities under his or her jurisdiction each year, as prescribed by Presidential Decree, and shall submit such plan to the head of the relevant agency classified as follows; in such cases, the head of a central administrative agency and a Mayor/Do Governor shall compile the submitted stockpiling and management plans and shall submit such compiled plans to the Minister of the Interior and Safety: |
| 1. | Central administrative agencies: The Minister of the Interior and Safety; |
| 2. | Affiliated or subordinate institutions, etc. of a central administrative agency: The head of the competent central administrative agency; |
| 3. | Cities/Dos: The Minister of the Interior and Safety; |
| 4. | Sis/Guns/Gus (Gus mean autonomous Gus; hereinafter the same shall apply): The competent Mayor/Do Governor; |
| 5. | Affiliated or subordinate institutions, etc. of a local government: The head of the competent local government. |
| (2) | A resource management officer shall stockpile and manage disaster management commodities under his or her jurisdiction in accordance with the stockpiling and management plan for disaster management commodities formulated pursuant to paragraph (1). |
| (3) | A resource management officer, a resource accounting officer, and a resource operating officer shall record and retain matters necessary for the stockpiling and management of disaster management commodities in the standard form (referring to the input and output data form of the integrated management system for disaster management resources under Article 46), as prescribed by Ordinance of the Ministry of the Interior and Safety. |
| Article 29 (Stockpiling and Management Standards for Disaster Management Commodities) |
| (1) | The Minister of the Interior and Safety shall establish the following standards (hereinafter referred to as "stockpiling and management standards") for the major disaster management commodities, as prescribed by Presidential Decree, and shall notify such standards to the heads of management agencies: |
| 1. | The standards for fixing the number of the relevant commodities; |
| 2. | The useful life of the relevant commodities; |
| 3. | The inventory control standards; |
| 4. | Other standards deemed necessary by the Minister of the Interior and Safety for the stockpiling and management of the major disaster management commodities. |
| (2) | With regard to disaster management commodities for which no stockpiling and management standards have been established, the head of a management agency shall establish and operate the in-house stockpiling and management standards. In such cases, information on such in-house standards shall be entered into the integrated management system for disaster management resources under Article 46. |
| (3) | A resource management officer shall stockpile and manage disaster management commodities under his or her jurisdiction in accordance with the stockpiling and management standards, with approval therefor from the head of a management agency to which he or she belongs. |
| (4) | The Minister of the Interior and Safety may adjust the stockpiling and management standards as prescribed by Presidential Decree, in any of the following cases: |
| 1. | Where the head of a management agency requests the stockpiling and management standards to be adjusted; |
| 2. | Where the Minister of the Interior and Safety deems it necessary to adjust the stockpiling and management standards. |
| (5) | In order to establish stockpiling and management standards, the Minister of the Interior and Safety may require the head of an affiliated agency prescribed by Presidential Decree, which is in charge of the matters regarding disaster and safety policies and the research and development of related technologies, to research and develop stockpiling and management standards. |
| Article 30 (Inventory Inspections on Disaster Management Commodities) |
| (1) | The head of a management agency shall conduct a regular or occasional inventory inspection on the disaster management commodities stockpiled and managed, as prescribed by Presidential Decree, and shall submit a report on the inventory inspection results to the heads of institutions as classified in the subparagraphs of Article 28 (1). |
| (2) | The Minister of the Interior and Safety and a Mayor/Do Governor may conduct a special inventory inspection on the disaster management commodities of a management agency, as prescribed by Presidential Decree. In such cases, a special inventory inspection conducted by a Mayor/Do Governor shall be limited to the disaster management commodities of a Si/Gun/Gu and affiliated or subordinate institutions, etc. under his or her jurisdiction. |
| (3) | Where the head of management agency, the Minister of the Interior and Safety, or a Mayor/Do Governor finds any disaster management commodity damaged or lost upon an inventory inspection or a special inventory inspection under paragraph (1) or the former part of paragraph (2), he or she shall give written notice of the results of follow-ups to such findings to the Board of Audit and Inspection without delay: Provided, That this shall not apply to a management agency that is not subject to audit or inspection by the Board of Audit and Inspection under the Board of Audit and Inspection Act. |
| (4) | Where it is found that there is any increase or decrease in disaster management commodities upon an inventory inspection or a special inventory inspection under paragraph (1) or the former part of paragraph (2), which is evidently due to a clerical error, the head of the relevant management agency may make an adjustment thereof, as prescribed by Presidential Decree. |
| (5) | Where a resource management officer deems it necessary for the efficient use and disposal, etc. of disaster management commodities, he or she may transfer disaster management commodities under his or her jurisdiction to another resource management officer's jurisdiction, as prescribed by Presidential Decree. |
| Article 31 (Maintenance of Disaster Management Commodities) |
A resource management officer shall select major disaster management commodities subject to maintenance and shall manage them according to the maintenance standards, as prescribed by Presidential Decree.
SECTION 3 Acquisition, Storage, and Use of Disaster Management Commodities
| Article 32 (Acquisition of Disaster Management Commodities) |
| (1) | A resource management officer shall request a public official, etc. in charge of contracts to take measures necessary to acquire disaster management commodities, within the scope of a stockpiling and management plan for disaster management commodities formulated pursuant to Article 28 (1) for the disaster management commodities determined in such plan, or whenever necessary as prescribed by Presidential Decree for other disaster management commodities. |
| (2) | Where a disaster is likely to occur or occurs and therefore it is deemed necessary for emergency preparation, response, recovery, etc., a resource management officer may request a public official, etc. in charge of contracts to give priority to acquiring disaster management commodities of a national disaster management assisting enterprise or a local disaster management assisting enterprise by a negotiated contract. In such cases, the procedures, methods, etc. for negotiated contracts shall be governed by the relevant statutes and regulations, including the Act on Contracts to Which the State Is a Party and the Act on Contracts to Which a Local Government Is a Party. |
| (3) | Upon receipt of a request under paragraphs (1) and (2), a public official, etc. in charge of contracts shall take measures necessary to acquire the relevant disaster management commodities within the budget, as prescribed by Presidential Decree. |
| (4) | No disaster management commodities shall be acquired without passing inspection by the relevant public officials, etc. or technicians designated by the head of a management agency or public officials, etc. delegated with the authority of such head: Provided, That this shall not apply to emergency measures under Article 37 of the Framework Act. |
| (5) | Where a resource management officer intends to purchase disaster management commodities and if such commodities with the same item name are under inquiry by another resource management officer about any other agency's intention of acquisition for the purpose of transferring management thereof and it is deemed possible to achieve the relevant business purposes for disaster management through the acquisition thereof, he or she shall acquire the commodities under inquiry by the transfer of management. |
| Article 33 (Principles of Storage, Acquisition, and Disbursements of Disaster Management Commodities) |
| (1) | A resource management officer shall store disaster management commodities in a stockpile facility prescribed by Presidential Decree of a management agency to which he or she belongs, so that they can be ready for use or disposal at all times: Provided, That where it is deemed inappropriate to store disaster management commodities in such stockpile facility in view of the use or disposal of such commodities or otherwise there are any special circumstances, they may be stored in any of the following facilities or warehouses: |
| 1. | Stockpile facilities of other management agencies; |
| 2. | Logistics facilities or logistics warehouses of national disaster management assisting enterprises or local disaster management assisting enterprises; |
| 3. | Logistics facilities or logistics warehouses of national disaster management logistics enterprises; |
| 4. | Other facilities or warehouses recognized by the head of a management agency to which the resource management officer belongs. |
| (2) | Where a resource management officer intends to have disaster management commodities acquired or disbursed, he or she shall order the relevant resource accounting officer to acquire or disburse such disaster management commodities, specifying the categories of such commodities to be acquired or disbursed. |
| (3) | No resource accounting officer may acquire or disburse disaster management commodities unless an order under paragraph (2) is issued. |
| (4) | Where a resource accounting officer deems that some of disaster management commodities being stored in a stockpile facility, etc. under paragraph (1) (excluding disaster management commodities returned according to an order issued pursuant to Article 34 (3)) cannot be used or require repair or modification, he or she shall give a report thereon to the relevant resource management officer. |
| (5) | Where a resource management officer deems that any disaster management commodity requires repair or modification based on a report under paragraph (4) or Article 34 (2), he or she shall request a public official, etc. in charge of contracts or any other relevant public official, etc. to take necessary measures for such repair or modification. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for taking measures to store, acquire, disburse, repair, or modify disaster management commodities shall be prescribed by Presidential Decree. |
| Article 34 (Use and Return of Disaster Management Commodities) |
| (1) | When a resource management officer issues an order to acquire or disburse disaster management commodities in order for such commodities to be used, he or she shall give notice thereof to a resource operating officer, specifying the purposes of use of the commodities: Provided, That this shall not apply where such order is issued upon the request of a resource operating officer. |
| (2) | If any disaster management commodity in use need not be used or cannot be used, or requires repair or modification, a resource operating officer shall give a report thereon to the relevant resource management officer. |
| (3) | Upon receipt of a report under paragraph (2), the relevant resource management officer shall verify such report, and if it is well-founded he or she shall order the relevant resource operating officer to return the relevant commodities. |
SECTION 4 Disposal of Disaster Management Commodities
| Article 35 (Exchange and Lease of Disaster Management Commodities) |
| (1) | If deemed necessary for the efficient management of disaster management commodities, the head of a management agency may exchange them for disaster management commodities owned by the head of another management agency, as prescribed by Presidential Decree. |
| (2) | No disaster management commodities may be lent: Provided, That this shall not apply in cases of support for the disaster management affairs of other management agencies. |
| (3) | The head of a management agency may lend disaster management commodities without compensation, to support the disaster management affairs of other management agencies pursuant to the proviso of paragraph (2). |
| Article 36 (Decision on Disuse of Disaster Management Commodities) |
| (1) | Where there is any disaster management commodity (including disaster management commodities mobilized pursuant to Articles 50 through 52) that need not be used or cannot be used among disaster management commodities under the jurisdiction of a resource management officer, he or she shall make a decision on the disuse of the relevant disaster management commodity: Provided, That with respect to disaster management commodities prescribed by Presidential Decree, he or she shall obtain approval therefor from the head of a management agency to which he or she belongs. |
| (2) | Where disaster management commodities for which a decision on disuse is made pursuant to paragraph (1) (hereinafter referred to as "commodities in disuse") fall under any of the following, the relevant resource management officer may scrap them: Provided, That with respect to disaster management commodities prescribed by Presidential Decree, he or she shall obtain approval therefor from the head of a management agency to which he or she belongs: |
| 1. | Where it is inappropriate to sell such commodities; |
| 2. | Where the sale of such commodities is deemed disadvantageous to the State, a local government, or a management agency; |
| 3. | Where the sale of such commodities is impossible. |
| (3) | The criteria for making a decision on disuse under paragraph (1) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. |
| Article 37 (Sale of Disaster Management Commodities) |
| (1) | No disaster management commodities may be sold: Provided, That disaster management commodities intended for sale or commodities in disuse may be sold. |
| Article 38 (Request for Sale of Commodities in Disuse) |
| (1) | The head of a management agency may request the Administrator of the Public Procurement Service to sell commodities in disuse which are available. |
| (2) | The head of a management agency may transfer the management of commodities in disuse which are available but not yet disposed of by transfer of management, sale, etc., to the Administrator of the Public Procurement Service without compensation. |
| (3) | The Administrator of the Public Procurement Service shall manage, repair, or dispose of commodities in disuse the management of which is transferred to him or her without compensation pursuant to paragraph (2), as prescribed by Presidential Decree. |
| Article 39 (Transfer of Commodities in Disuse) |
| (1) | If deemed necessary for the use of commodities in disuse, the head of a management agency may transfer the relevant disaster management commodities without compensation to any of the following persons, as prescribed by Presidential Decree: |
| 1. | Other management agencies; |
| 2. | Educational institutions, research institutes, and non-profit corporations prescribed by Presidential Decree; |
| 3. | Other persons in vulnerable groups in safety defined in subparagraph 9-3 of Article 3 of the Framework Act, who are prescribed by Presidential Decree. |
| (2) | Notwithstanding paragraph (1), disaster management commodities acquired for the purpose of providing them to the general public for disaster management may be transferred to the general public without compensation. |
| Article 40 (Follow-Up Measures for Disaster Management Commodities Lost or Damaged) |
| (1) | Where it is found that any disaster management commodity is lost or damaged upon an inventory inspection or a special inventory inspection under paragraph (1) or the former part of paragraph (2) of Article 30, the head of a management agency may issue an order for compensation pursuant to Article 6 (1) of the Act on Liability of Accounting Personnel, as prescribed by Presidential Decree. |
| (2) | The head of a management agency shall not issue an order for compensation for damage to disaster management commodities that occurs due to reasonable causes related to disaster management affairs. |
CHAPTER V MANAGEMENT OF DISASTER MANAGEMENT PROPERTY AND DISASTER MANAGEMENT HUMAN RESOURCES
| Article 41 (Management Plans for Disaster Management Property) |
| (1) | The head of a management agency shall formulate a management plan for disaster management property under his or her jurisdiction each year, as prescribed by Presidential Decree, and shall submit such plan to the head of the relevant institution classified in the subparagraphs of Article 28 (1). In such cases, the head of a central administrative agency and a Mayor/Do Governor shall compile the submitted management plans for disaster management property and shall submit such compiled plans to the Minister of the Interior and Safety. |
| (2) | A resource management officer shall manage disaster management property under his or her jurisdiction in accordance with a management plan for disaster management property formulated pursuant to paragraph (1). |
| (3) | A resource management officer, a resource accounting officer, and a resource operating officer shall record and retain the matters prescribed by Presidential Decree, such as the types of, and the history of the use of, disaster management property managed pursuant to paragraph (2), by using the integrated management system for disaster management resources under Article 46. |
| Article 42 (Principles of Management of Disaster Management Human Resources) |
| (1) | Disaster management human resources shall be managed by an institution, organization, or corporation to which they belong. |
| (2) | The head of a management agency shall secure disaster management human resources through prior consultation or agreement with any of the institutions, organizations, or corporations specified in the items of subparagraph 4 of Article 2, to which they belong, for disaster management affairs under his or her jurisdiction. |
| (3) | The head of a management agency may provide education and training to disaster management human resources that he or she manages, if deemed necessary for disaster management affairs under his or her jurisdiction. In such cases, expenses incurred in providing such education and training shall be borne by the head of the management agency. |
| Article 43 (Management Plans for Disaster Management Human Resources) |
| (1) | The head of a management agency shall formulate a management plan for disaster management human resources under his or her jurisdiction, as prescribed by Presidential Decree, and shall submit such plan to the head of the relevant institution classified in the subparagraphs of Article 28 (1). In such cases, the head of a central administrative agency and a Mayor/Do Governor shall compile the submitted management plans for disaster management human resources and shall submit such compiled plans to the Minister of the Interior and Safety. |
| (2) | A resource management officer shall manage disaster management human resources under his or her jurisdiction in accordance with a management plan for disaster management human resources formulated pursuant to paragraph (1). |
| (3) | A resource management officer shall record and retain the matters prescribed by Presidential Decree regarding disaster management human resources managed pursuant to paragraph (2), such as the contact information of institutions, organizations, or corporations to which such disaster management human resources belong and the history of mobilizing the human resources, by using the integrated management system for disaster management resources under Article 46. |
CHAPTER VI INTEGRATED MANAGEMENT OF DISASTER MANAGEMENT RESOURCES
| Article 44 (Integrated Management of City/Do Disaster Management Resources) |
| (1) | A Mayor/Do Governor may perform the integrated management of disaster management resources under his or her jurisdiction after consultation with the heads of Sis/Guns/Gus under his or her jurisdiction. |
| (2) | Where a Mayor/Do Governor performs the integrated management of disaster management resources under his or her jurisdiction pursuant to paragraph (1), he or she shall reflect the details thereof in the following plans; the same shall also apply to the head of a Si/Gun/Gu: |
| 1. | Stockpiling and management plans for disaster management commodities under Article 28; |
| 2. | Management plans for disaster management property under Article 41; |
| 3. | Management plans for disaster management human resources under Article 43. |
| (3) | Where a Mayor/Do Governor performs the integrated management of disaster management resources under his or her jurisdiction pursuant to paragraph (1), he or she shall establish an organization exclusively in charge of the integrated management thereof. |
| (4) | Matters necessary for the composition, etc. of an exclusive organization under paragraph (3) shall be prescribed by ordinance of a City/Do. |
| Article 45 (Establishment and Operation of Local Integrated Management Centers for Disaster Management Resources) |
| (1) | When a Mayor/Do Governor performs the integrated management of disaster management resources under his or her jurisdiction pursuant to Article 44 (1), he or she shall establish and operate a local integrated management center for disaster management resources (hereinafter referred to as "local integrated resource management center"), as prescribed by Presidential Decree. |
| (2) | The Minister of the Interior and Safety and the head of the relevant central administrative agency may provide administrative and financial support necessary for the establishment and operation of a local integrated resource management center (including the transfer of disaster management commodities without compensation). |
| (3) | Where a Mayor/Do Governor deems it necessary for the efficient establishment and operation of a local integrated resource management center, he or she may require a national disaster management logistics enterprise to act on his or her behalf therefor, as prescribed by Presidential Decree. |
| (4) | A Mayor/Do Governor may jointly use disaster management commodities stored in a stockpile facility of a local integrated resource management center with the head of a Si/Gun/Gu under his or her jurisdiction or the head of an affiliated or subordinate institution, etc. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the establishment and operation of, and vicarious execution for, a local integrated resource management center shall be prescribed by ordinance of a City/Do. |
| Article 46 (Establishment and Operation of Integrated Management System for Disaster Management Resources) |
| (1) | The Minister of the Interior and Safety may establish and operate an integrated management system for disaster management resources (hereinafter referred to as "integrated resource management system") to manage the following information related to disaster management resources: |
| 1. | Information on the establishment of the supply chain management system and the disaster management logistics system; |
| 2. | Current status of designation of national disaster management assisting enterprises; |
| 3. | Current status of designation of local disaster management assisting enterprises; |
| 4. | Current status of designation of national disaster management logistics enterprises; |
| 5. | Information on resource management officers, resource accounting officers, and resource operating officers; |
| 6. | Persons required to receive specialized education and current status of their completion of such education; |
| 7. | Information on the history of management of disaster management commodities; |
| 8. | Information on the history of management of disaster management property; |
| 9. | Information on the history of management of disaster management human resources; |
| 10. | Information on the history of mobilization of disaster management resources; |
| 11. | Other information prescribed by Ordinance of the Ministry of the Interior and Safety, which is related to disaster management resources. |
| (2) | If deemed necessary for the establishment and operation of the integrated resource management system, the Minister of the Interior and Safety may request a supplier, a logistics enterprise, a management agency, and the relevant administrative agency to submit materials necessary to establish and operate the integrated resource management system. Upon receipt of such request, the relevant person shall comply therewith unless there is a compelling reason not to do so. |
| (3) | The Minister of the Interior and Safety may provide information in the integrated resource management system to a national disaster management assisting enterprise, a national disaster management logistics enterprise, a local disaster management assisting enterprise, a management agency, the relevant administrative agency, etc., or may disclose some information to the public, if necessary. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary to establish and operate the integrated resource management system shall be prescribed by Presidential Decree. |
| Article 47 (Establishment and Operation of National Integrated Management Information Center for Disaster Management Resources) |
| (1) | In order to establish and operate the integrated resource management system and to organize an integrated management information system that processes, accumulates, and provides information on disaster management resources, the Minister of the Interior and Safety may establish and operate a national integrated management information center for disaster management resources (hereinafter referred to as the "national integrated resource management information center"). |
| (2) | If deemed necessary, the Minister of the Interior and Safety may designate any of the following institutions or organizations as an institution to operate the national integrated resource management information center, as prescribed by Presidential Decree: |
| 1. | A public institution prescribed by Presidential Decree; |
| 3. | A non-profit institution or organization meeting the requirements for capital, equipment, human resources, etc., which are prescribed by Presidential Decree. |
| (3) | The Minister of the Interior and Safety may provide necessary administrative and financial support to an institution or organization designated as an institution to operate the national integrated resource management information center pursuant to paragraph (2) (hereinafter referred to as "institution operating the information center") so that such institution may efficiently operate the information center. |
| Article 48 (Revocation of Designation of Institution Operating Information Center) |
The Minister of the Interior and Safety may revoke the designation of the institution operating the information center in any of the following cases: Provided, That in the case of subparagraph 1, the designation shall be revoked:
| 1. | Where the institution is designated by fraud or other improper means; |
| 2. | Where the institution ceases to meet the requirements under Article 47 (2) 3; |
| 3. | Where the institution uses information in the integrated resource management system for profit-making; |
| 4. | Where the Minister of the Interior and Safety deems that the institution cannot perform the business affairs regarding the operation of the national integrated resource management information center, such as violating this Act or the criteria under this Act or neglecting its business affairs. |
CHAPTER VII MOBILIZATION OF DISASTER MANAGEMENT RESOURCES
| Article 49 (Measures for Mobilization of Disaster Management Resources) |
When a disaster is likely to occur or occurs, the head of a management agency shall mobilize disaster management resources under his or her jurisdiction without delay or shall take necessary measures to implement a mobilization order under Articles 50 through 52.
| Article 50 (Order of Mobilization by Mayor/Do Governor) |
| (1) | Where a disaster occurs or is deemed likely to occur under the jurisdiction of a Mayor/Do Governor (referring to the head of the relevant headquarters, where a City/Do disaster and safety countermeasure headquarters is operated pursuant to Article 16 (1) of the Framework Act; hereafter in this Article and Article 51, the same shall apply), he or she may order the following persons to mobilize disaster management resources, as prescribed by Presidential Decree: |
| 1. | A person who performs the operation of a local integrated resource management center on behalf of the Mayor/Do Governor pursuant to Article 45 (3); |
| 2. | A local disaster management assisting enterprise under the jurisdiction of the Mayor/Do Governor; |
| 3. | The head of a management agency under the jurisdiction of the Mayor/Do Governor (excluding central administrative agencies and their affiliated or subordinate agencies, etc.; hereafter in Article 59 (2), the same shall apply). |
| (2) | Where it is impracticable or difficult to perform disaster management affairs at a Si/Gun/Gu level, the head of a Si/Gun/Gu (referring to the head of the relevant headquarters, where a Si/Gun/Gu disaster and safety countermeasure headquarters is operated pursuant to Article 16 (1) of the Framework Act) may request support for disaster management resources from the competent Mayor/Do Governor. Upon receipt of such request, the Mayor/Do Governor shall provide support for disaster management resources, such as issuing a mobilization order under paragraph (1), unless there is a compelling reason not to do so. |
| Article 51 (Order of Mobilization by Head of Central Disaster and Safety Countermeasure Headquarters) |
| (1) | The head of the Central Disaster and Safety Countermeasure Headquarters under Article 14 (1) of the Framework Act (hereinafter referred to as the "head of the Central Disaster and Safety Countermeasure Headquarters") may order a national disaster management assisting enterprise, a national disaster management logistics enterprise, or the head of a management agency to mobilize disaster management resources, as prescribed by Presidential Decree, in any of the following cases: |
| 1. | Where a large-scale disaster under Article 14 (1) of the Framework Act occurs or is deemed likely to occur; |
| 2. | Where it is deemed necessary to provide support for disaster management affairs of a Mayor/Do Governor. |
| (2) | Where it is impracticable or difficult to perform disaster management affairs at a City/Do level, a Mayor/Do Governor may request support for disaster management resources from the head of the Central Disaster and Safety Countermeasure Headquarters. Upon receipt of such request, the head of the Central Disaster and Safety Countermeasure Headquarters shall provide support for disaster management resources, such as issuing a mobilization order under paragraph (1), unless there is a compelling reason not to do so. |
| Article 52 (Order of Mobilization by Head of Central Disaster Management Headquarters) |
Where the head of a central disaster management headquarters under Article 15-2 (1) of the Framework Act deems it necessary for disaster management at the national level in the field under his or her jurisdiction, he or she may order a national disaster management assisting enterprise, a national disaster management logistics enterprise, or the head of a management agency to mobilize disaster management resources, as prescribed by Presidential Decree, after consultation with the Minister of the Interior and Safety.
| Article 53 (Principle of Bearing Expenses) |
| (1) | Expenses incurred in mobilizing disaster management resources under Articles 50 through 52 shall be borne by a person obligated to bear the expenses, etc. incurred in disaster management under Article 62 (1) of the Framework Act: Provided, That in cases of the disaster management resources managed by the head of a management agency, such expenses may be borne by the head of the relevant management agency. |
| (2) | Expenses under the main clause of paragraph (1) shall be settled ex post facto in accordance with the standards prescribed by Presidential Decree. |
| (3) | If deemed necessary for disaster management at the national level, the State may fully or partially bear expenses under the main clause of paragraph (1). |
| (4) | Where the head of a local government deems it necessary for disaster management under his or her jurisdiction, he or she may fully or partially bear expenses under the main clause of paragraph (1). |
| Article 54 (Compensation for Loss and Medical Treatment) |
| (1) | Articles 64 and 65 of the Framework Act shall apply mutatis mutandis to compensation for loss and medical treatment of, and compensation, etc. to persons who died or are injured (including persons who died or live with disabilities due to injury), resulting from mobilization under Articles 49 through 52. |
| (2) | Notwithstanding paragraph (1), where other statutes or regulations, including the Infectious Disease Control and Prevention Act, provide for matters regarding compensation for loss, medical treatment, etc. related to mobilization, the relevant provisions may apply mutatis mutandis. |
| Article 55 (Mobilization Drills for Disaster Management Resources) |
| (1) | The Minister of the Interior and Safety and a Mayor/Do Governor shall conduct a drill for mobilization of disaster management resources (hereinafter referred to as "mobilization drill") at least once a year. |
| (2) | The Minister of the Interior and Safety and a Mayor/Do Governor may conduct a mobilization drill in connection with a disaster preparedness drill under Article 35 of the Framework Act. |
| (3) | A national disaster management assisting enterprise, a local disaster management assisting enterprise, a national disaster management logistics enterprise, the institution operating the information center, and the head of a management agency shall participate in a mobilization drill unless there is a compelling reason not to do so. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the methods, procedures, etc. for mobilization drills shall be prescribed by Presidential Decree. |
CHAPTER VIII SUPPLEMENTARY PROVISIONS
| Article 56 (Obligations of Disaster Management Supervision Agencies) |
| (1) | The head of a disaster management supervision agency defined in subparagraph 5-2 of Article 3 of the Framework Act (hereinafter referred to as "disaster management supervision agency") shall conduct a regular or occasional inspection on human and material resources necessary to be managed as disaster management commodities, disaster management property, or disaster management human resources, as prescribed by Presidential Decree, for disaster management in the fields under his or her jurisdiction and shall notify the Minister of the Interior and Safety thereof. |
| (2) | The head of a disaster management supervision agency may request any of the following persons to submit materials necessary for an inspection under paragraph (1); upon receipt of such request, the relevant person shall comply therewith unless there is a compelling reason not to do so: |
| 1. | The head of the relevant central administrative agency; |
| 2. | The head of a local government; |
| 4. | A logistics enterprise; |
| 5. | Other institutions, organizations, or corporations related to disaster management resources. |
| (3) | Where the head of a disaster management supervision agency deems it necessary for conducting an inspection under paragraph (1) in an efficient manner, he or she may require a specialized institution to perform all or part of the inspection. |
| Article 57 (Duty of Confidentiality) |
No person who engages or engaged in duties prescribed in this Act shall divulge confidential information regarding the management of disaster management resources he or she has become aware of in the course of performing his or her duties, or use such information for any purpose other than for the enforcement of this Act.
| Article 58 (Guidance and Supervision) |
The Minister of the Interior and Safety and a Mayor/Do Governor may provide guidance and supervision with respect to the management of disaster management resources to the extent necessary for the stable management and prompt mobilization of disaster management resources, to a national disaster management assisting enterprise, a local disaster management assisting enterprise, and a national disaster management logistics enterprise.
| Article 59 (Reporting and Inspection) |
| (1) | If deemed necessary for the enforcement of this Act, the Minister of the Interior and Safety may require the following persons to submit materials regarding the management of disaster management resources or to give a report thereon: |
| 1. | A national disaster management assisting enterprise; |
| 2. | A national disaster management logistics enterprise; |
| 3. | The institution operating the information center; |
| 4. | The head of a management agency. |
| (2) | If deemed necessary for the enforcement of this Act, a Mayor/Do Governor may require the following persons to submit materials regarding the management of disaster management resources or to give a report thereon: |
| 1. | A person who performs the operation of a local integrated resource management center on behalf of the Mayor/Do Governor pursuant to Article 45 (3); |
| 2. | A local disaster management assisting enterprise under the jurisdiction of the Mayor/Do Governor; |
| 3. | A management agency under the jurisdiction of the Mayor/Do Governor. |
| (3) | If it is impracticable to achieve the objectives of investigation only by the submission of materials or reporting under paragraph (1) or (2), the Minister of the Interior and Safety or a Mayor/Do Governor may require the relevant public official to access the relevant business places, other places of business, etc. to inspect books, documents, and other articles. |
| (4) | The head of a management agency shall conduct a regular inspection of the management of disaster management resources, as prescribed by Presidential Decree; and in cases of the replacement of a resource management officer, a resource accounting officer, or a resource operating officer or in other cases, if necessary, such head shall conduct an occasional inspection of the management of disaster management resources under his or her jurisdiction. |
Where the Minister of the Interior and Safety intends to revoke the designation of the institution operating the information center pursuant to Article 48, he or she shall hold a hearing.
| Article 61 (Delegation and Entrustment of Authority) |
| (1) | Part of the authority of the Minister of the Interior and Safety under this Act may be delegated to a Mayor/Do Governor or the head of an affiliated agency or may be entrusted to the head of the relevant central administrative agency, as prescribed by Presidential Decree. |
| (2) | The following business affairs among those of the Minister of the Interior and Safety under this Act may be entrusted to the institution operating the information center, as prescribed by Presidential Decree: |
| 1. | Surveys on supply chain management information under Article 7 (1); |
| 2. | Request for submission of materials necessary to survey supply chain management information under Article 7 (2); |
| 3. | Input of supply chain management information under Article 8 (1); |
| 4. | Establishment and operation of the integrated resource management system under Article 46 (1); |
| 5. | Request for submission of materials necessary to establish and operate the integrated resource management system under Article 46 (2); |
| 6. | Provision or disclosure of information in the integrated resource management system under Article 46 (3). |
| Article 62 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) |
CHAPTER IX PENALTY PROVISIONS
| Article 63 (Penalty Provisions) |
| (1) | A person who exports any disaster management resources or ships them out of the Republic of Korea in violation of Article 15 (1) shall be punished by imprisonment with labor for up to five years or by a fine not exceeding 50 million won. |
| (2) | Any of the following persons shall be punished by imprisonment with labor for up to three years or by a fine not exceeding 30 million won: |
| 1. | A person who attaches or uses a mark indicating a national disaster management assisting enterprise, in violation of Article 9 (3); |
| 2. | A person who attaches or uses a mark indicating a local disaster management assisting enterprise, in violation of Article 12 (3); |
| 3. | A person who attaches or uses a mark indicating a national disaster management logistics enterprise, in violation of Article 17 (3); |
| 4. | A person who divulges any confidential information regarding the management of disaster management resources or uses it for any purpose other than for the enforcement of this Act, in violation of Article 57. |
| (3) | Any of the following persons shall be punished by imprisonment with labor for up to one year or by a fine not exceeding 10 million won: |
| 1. | A person who fails to receive a notice stating the duties of a national disaster management assisting enterprise under Article 9 (2) without good cause or who makes the notice invalid by damaging it or by any other means; |
| 2. | A person who fails to receive a notice stating the duties of a local disaster management assisting enterprise under Article 12 (2) without good cause or who makes the notice invalid by damaging it or by any other means; |
| 3. | A person who fails to receive a notice stating the duties of a national disaster management logistics enterprise under Article 17 (2) without good cause or who makes the notice invalid by damaging it or by any other means; |
| 4. | A person who violates a mobilization order issued by a Mayor/Do Governor under Article 50 (1) without good cause; |
| 5. | A person who violates a mobilization order issued by the head of the Central Disaster and Safety Countermeasure Headquarters under Article 51 (1); |
| 6. | A person who violates a mobilization order issued by the head of the central disaster management headquarters under Article 52 without good cause. |
| Article 64 (Joint Penalty Provisions) |
If the representative of a corporation or organization, or an agent or employee of, or any other person employed by, a corporation, organization, or individual commits any violation provided in Article 63 in conducting the business affairs of the corporation, organization, or individual, the corporation, organization, or individual shall be punished by a fine prescribed in that Article in addition to punishing the violator accordingly: Provided, That this shall not apply where the corporation, organization, or individual has not been negligent in giving due attention and supervision regarding the relevant business affairs to prevent such violation.
| Article 65 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: |
| 1. | A person who fails to submit materials or give a report under Article 59 (1) or (2) or submits false materials or gives a false report; |
| 2. | A person who rejects, interferes with, or evades an inspection conducted under Article 59 (3). |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding five million won: |
| 1. | A person who fails to enter supply chain management information into the integrated resource management system or enters false information, in violation of Article 8 (2); |
| 2. | A person who uses the title "national disaster management assisting enterprise" or any other similar title, in violation of Article 9 (4); |
| 3. | A person who uses the title “local disaster management assisting enterprise” or any other similar title, in violation of Article 12 (4); |
| 4. | A person who uses the title "national disaster management logistics enterprise" or any other similar title, in violation of Article 17 (4). |
| (3) | Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of the Interior and Safety or a Mayor/Do Governor, as prescribed by Presidential Decree. |
ADDENDA <Act No. 19213, Jan. 17, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Preparation for Enforcement of the Act)
| (1) | Where the Minister of the Interior and Safety deems it necessary for the enforcement of this Act, he or she may conduct the following acts before this Act enters into force: |
| 1. | Establishment and operation of an integrated management system for disaster management resources under Article 46; |
| 2. | Establishment and operation of a national integrated management information center for disaster management resources under Article 47. |
| (2) | Where a Mayor/Do Governor deems it necessary for the enforcement of this Act, he or she may conduct the following acts before this Act enters into force: |
| 1. | Integrated management of disaster management resources under his or her jurisdiction under Article 44; |
| 2. | Establishment and operation of a local integrated management center for disaster management resources under Article 45. |
Article 3 (Special Cases regarding Formulation of Stockpiling and Management Plans for Disaster Management Commodities)
The head of a management agency shall formulate the following plans and submit them to the heads of the relevant agencies within three months after this Act enters into force:
| 1. | A stockpiling and management plan for disaster management commodities under Article 28; |
| 2. | A management plan for disaster management property under Article 41; |
| 3. | A management plan for disaster management human resources under Article 43. |
Article 4 (Transitional Measures regarding System for Joint Use of Disaster Management Resources)
The system for joint use of disaster management resources established and operated in accordance with the Framework Act on the Management of Disasters and Safety as at the time this Act enters into force shall be deemed the integrated management system for disaster management resources under this Act. Article 5 Omitted.
Article 6 (Relationship to Other Statutes and Regulations)
A citation of the Framework Act on the Management of Disasters and Safety 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 the relevant provision hereof, if any, in lieu of the Framework Act on the Management of Disasters and Safety or the provision thereof.