Article 1(Purpose) #
The purposes of this Act are to prevent loss of life and property from fire, and, when a fire breaks out, to make a speedy recovery from the disaster and to ensure proper compensation for damage to life and property, thereby contributing to the stability of life for the citizens. <Amended on Apr. 18, 2017>
[This Article Wholly Amended on May 19, 2011]
Article 2(Definitions) #
The terms used in this Act are defined as follows: <Amended on Jan. 18, 2017; Jan. 21, 2023; Mar. 21, 2023>
1. The term "indemnity insurance company" means a person who has obtained permission for a fire insurance business under Article 4 of the Insurance Business Act;
2. The term "fire insurance with a special attachment" means insurance to cover any loss or damage to a building caused by a fire and any liability for damages under Article 4 (1);
3. The term "special building" means a State-owned building, public-owned building, educational facility, department store, market, medical facility, entertainment place, accommodation facility, multi-use establishment, transportation facility, factory, apartment house, or other buildings where many persons access, work or reside, which are prescribed by Presidential Decree in consideration of fire risks, footprint of a building, etc.;
4. The term "firefighting systems" means firefighting systems, etc. defined in subparagraph 2 of Article 2 of the Installation and Management of Firefighting Systems Act, evacuation facilities prescribed in Article 49 of the Building Act, and other firefighting-related facilities prescribed by Presidential Decree.
[This Article Wholly Amended on May 19, 2011]
Article 3 #
Deleted. <Apr. 18, 2017>
Article 4(Liability for Damages by Owner of Special Building) #
(1) Even where the owner of a special building has no negligence about a fire in such building, which has caused death or injury to another person or caused any loss or damage to the property of another person, he or she shall be liable for such damages within the extent of the insurance amount under Article 8 (1) 2. In such cases, the forgoing shall also apply to cases of minor negligence by the owner of a special building, notwithstanding the provisions of the Act on Civil Liability for Fire Caused by Negligence. <Amended on Apr. 18, 2017>
(2) The provisions of the Civil Act together with the provisions of this Act shall govern liability for damages by the owner of a special building.
[This Article Wholly Amended on May 19, 2011]
Article 5(Obligation to Obtain Insurance) #
(1) The owner of a special building shall obtain fire insurance with a special attachment, which is provided by an indemnity insurance company, in order to receive compensation for any damage or loss to the special building caused by a fire and assume liability for damages under Article 4 (1), for such building: Provided, That where such owner obtains industrial accident compensation insurance under the Industrial Accident Compensation Insurance Act for his/her employees, he or she may not obtain insurance covering liability for damages caused by death or injury among liability for damages under Article 4 (1) for such employees. <Amended on Apr. 18, 2017>
(2) In addition to fire insurance with a special attachment, the owner of a special building may obtain insurance coverage for loss or damage caused by wind, water, or the collapse of the building, etc.
(3) No indemnity insurance company shall refuse to conclude a contract of insurance under paragraphs (1) and (2).
(4) The owner of a special building shall obtain fire insurance with a special attachment within 30 days from the date prescribed in the following: <Amended on Apr. 18, 2017>
1. Where a special building is constructed: the date on which the owner obtains approval for use of buildings under Article 22 of the Building Act, undergoes a pre-use inspection under Article 49 of the Housing Act, or receives authorization of completion, confirmation of completion, etc. under relevant statutes;
2. Where the ownership of a special building changes: the date on which the owner acquires the ownership of such building;
3. Other cases: the date prescribed by Presidential Decree in consideration of when the owner of a special building becomes or is able to become aware that his/her building falls in the category of special buildings and other matters.
(5) The owner of a special building shall renew a contract for fire insurance with a special attachment referred to in paragraph (4) annually. <Amended on Apr. 18, 2017>
[This Article Wholly Amended on May 19, 2011]
Article 6(Special Cases for Building Owned by Foreigner) #
@Articles 4 and 5 shall not apply to any of the following special buildings:
1. A building owned by ambassador, minister, or other equivalent envoy of a foreign country dispatched to the Republic of Korea;
2. A building owned by an organization of the United Nations and its employees (limited only to foreigners) dispatched to the Republic of Korea;
3. A building owned by foreign armed forces stationed in the Republic of Korea;
4. A building for military use and a building owned by a foreigner, which is prescribed by Presidential Decree.
[This Article Wholly Amended on May 19, 2011]
Article 7(Encouragement of Obtaining Insurance) #
(1) If a person who is obligated to obtain insurance under Article 5 fails to obtain such insurance, the Financial Services Commission may request the relevant administrative agency to take necessary measures against the obligator, such as the cancellation of authorization or permission, suspension of business or restriction on the use of the building, etc.
(2) The administrative agency shall, upon receiving the request under paragraph (1), comply with it unless there exists any good cause not to do so.
[This Article Wholly Amended on May 19, 2011]
Article 8(Amount of Insurance) #
(1) The amount of insurance obtained under Article 5 shall be in accordance with the following classification: <Amended on Apr. 18, 2017>
1. Fire insurance: The amount equivalent to the market price of the special building concerned;
2. For insurance which covers any liability for damage, the amount in accordance with the following classifications:
(a) In case of death: The amount determined by Presidential Decree, which shall be at least 50 million won for each victim;
(b) In case of injury: The amount determined by Presidential Decree to the extent of the amount of insurance for each dead person;
(c) In case of causing any loss or damage to property: The amount determined by Presidential Decree in consideration of the safety of citizens, the fire risk of special buildings, etc., which shall be at least 100 million won for each fire.
3. Deleted. <Apr. 18, 2017>
(2) The criteria for determination of the market price referred to in paragraph (1) 1 shall be determined by Ordinance of the Prime Minister.
[This Article Wholly Amended on May 19, 2011]
Article 9(Claim for the Insured Amount) #
Where liability for damages referred to in Article 4 (1) arises, a victim may make demand for payment of the amount of insurance under Article 8 (1) 2 from an indemnity insurance company, as prescribed by Presidential Decree. <Amended on Apr. 18, 2017>
[This Article Wholly Amended on May 19, 2011]
Article 10(Prohibition of Seizure) #
The claim on insurance covering any liability for damage among insurance claims under this Act shall not be seized. <Amended on Apr. 18, 2017>
[This Article Wholly Amended on May 19, 2011]
Article 11(Establishment of Korean Fire Protection Association) #
Indemnity insurance companies shall establish the Korean Fire Protection Association (hereinafter referred to as the "Association") which perform duties, such as safety inspection of fire prevention and firefighting systems, research and education thereon, etc., upon permission from the Financial Services Commission as prescribed by Presidential Decree. <Amended on Mar. 21, 2023>
[This Article Wholly Amended on May 19, 2011]
Article 12(Legal Personality) #
(1) The Association shall be an incorporated association.
(2) Except as provided for in this Act, the provisions of the Civil Act concerning incorporated associations shall apply mutatis mutandis to the Association.
[This Article Wholly Amended on May 19, 2011]
Article 13(Restriction on Use of Name) #
No person other than the Association under this Act shall use the name of "Korean Fire Protection Association" or any other name similar thereto.
[This Article Wholly Amended on May 19, 2011]
Article 14(Contribution) #
An indemnity insurance company shall contribute the expenses necessary for the establishment and operation of the Association, as prescribed by Presidential Decree.
[This Article Wholly Amended on May 19, 2011]
Article 15(Duties) #
The Association shall conduct the following duties: <Amended on Mar. 21, 2023>
1. Safety inspection of fire prevention and firefighting systems;
2. Assessment of the discount levels for fire insurance premium rates according to fire facilities and equipment;
3. Survey, research, and education on materials regarding fire prevention and firefighting systems;
4. Recommendation to administrative agencies or other related institutions on fire prevention;
5. Other duties authorized by the Financial Services Commission.
[This Article Wholly Amended on May 19, 2011]
Article 16(Safety Inspection) #
(1) The Association shall conduct a safety inspection of fire prevention and firefighting systems of the relevant special building whenever a contract of insurance is concluded or renewed: Provided, That the Association may not conduct such safety inspection for a specific period as prescribed by Presidential Decree with regard to any of the following special buildings: <Amended on Jan. 15, 2019; Mar. 21, 2023>
1. A special building having a low fire risk index (referring to a fire risk index determined by an insurance premium rate calculation institution under Article 176 of the Insurance Business Act) which is determined by Ordinance of the Prime Minister as a result of a safety inspection;
2. A special building having a low fire risk index which is determined by Ordinance of the Prime Minister as a building, a safety improvement plan for which needs to be prepared pursuant to Article 13-2 (1) of the High-Pressure Gas Safety Control Act;
3. A special building having a low fire risk index which is determined by Ordinance of the Prime Minister as a building, a process safety report on which needs to be prepared pursuant to Article 44 (1) of the Occupational Safety and Health Act.
(2) The Association may, if it deems necessary, conduct a safety inspection of fire prevention and firefighting systems of a special building for which fire insurance with a special attachment is obtained. In such cases, the proviso of paragraph (1) shall apply mutatis mutandis. <Amended on Mar. 21, 2023>
(3) The Association shall use forms prescribed by Ordinance of the Prime Minister when conducting safety inspections under paragraphs (1) and (2). <Newly Inserted on Mar. 21, 2023>
(4) The owner of a special building shall comply with a safety inspection referred to in paragraphs (1) and (2) unless there exists any good cause not to do so. <Amended on Mar. 21, 2023>
(5) If the owner of a special building fails to comply with a safety inspection referred to in paragraphs (1) and (2), the Association may request the chief of a fire station to conduct the safety inspection thereof. <Amended on Mar. 21, 2023>
(6) The Association shall not collect expenses on any pretext when it conducts a safety inspection under paragraphs (1) and (2). <Amended on Mar. 21, 2023>
(7) Where the Association has conducted a safety inspection pursuant to paragraphs (1) and (2), it shall notify the head of a Si/Gun/Gu and the head of the fire station of the results of the inspection as prescribed by Ordinance of the Prime Minister. In such cases, where a request for improvement is made pursuant to Article 17, the request shall be included in the notification. <Newly Inserted on Mar. 21, 2023>
Article 17(Requests for Improvement Based on Results of Safety Inspections) #
Where deemed necessary for fire prevention, response, etc. as a result of a safety inspection under Article 16, the Association shall request the relevant administrative agency to take measures necessary for improving the relevant firefighting systems. <Amended on Mar. 21, 2023>
[This Article Wholly Amended on May 19, 2011]
[Title Amended on Mar. 21, 2023]
Article 18(Donation of Fire Extinguishing Equipment) #
(1) The Association may donate fire extinguishing equipment to administrative agencies or other related institutions, or lend funds necessary to improve fire extinguishing facilities and equipment to the owner of a special building, as prescribed by the articles of association.
(2) An indemnity insurance company or the Association may install a manufacturing factory of fire extinguishing equipment or lend funds necessary for a person who manufactures fire extinguishing equipment, as prescribed by the articles of association.
[This Article Wholly Amended on May 19, 2011]
Article 19(Operational Plan) #
(1) The Association shall prepare an operational plan for each business year and submit it to the Financial Services Commission before the corresponding year commences.
(2) The Financial Services Commission shall, upon receipt of an operational plan referred to in paragraph (1), notify the Fire Commissioner of the National Fire Agency thereof. <Amended on Nov. 19, 2014; Jul. 26, 2017>
(3) The provisions of paragraphs (1) and (2) shall apply mutatis mutandis where an operational plan referred to in paragraph (1) is modified.
[This Article Wholly Amended on May 19, 2011]
Article 20(Executive Officers) #
(1) No person who is ineligible to be appointed as an executive officer of an insurance company under Article 13 of the Insurance Business Act shall be an executive officer of the Association.
(2) If an executive officer who is engaged in routine duties of the Association intends to do other duties, he or she shall obtain approval thereof from the Financial Services Commission.
(3) If an executive officer of the Association falls under any of the following cases, the Financial Services Commission may order the Association to dismiss him or her:
1. Where he or she violates this Act, an order issued under this Act, or the articles of association of the Association;
2. Where he or she is adjudged to be guilty for a criminal case;
3. Where he or she is declared bankrupt;
4. Where he or she commits an act detrimental to the public interest;
5. Where he or she has difficulty performing his/her duties because of physical or mental disability;
6. Where he or she has a ground referred to in paragraph (1) or turns out to be a person who has such ground as at the time of his/her appointment.
[This Article Wholly Amended on May 19, 2011]
Article 21(Supervision) #
(1) The Financial Services Commission may, if it deems necessary for the efficient operation of the Association, order the Association to modify the articles of the association or operational methods of the Association, or issue an order necessary for supervision.
(2) The Fire Commissioner of the National Fire Agency may issue an order necessary for supervision of duties referred to in subparagraphs 1 and 3 of Article 15 among the duties of the Association under the said Article. <Amended on Nov. 19, 2014; Jul. 26, 2017>
[This Article Wholly Amended on May 19, 2011]
Article 22(Report and Inspection) #
(1) The Financial Services Commission may, if it deems necessary, order the Association to submit a report on its duties, or have the Governor of the Financial Supervisory Service established pursuant to Article 24 of the Act on the Establishment of Financial Services Commission inspect the progress of the duties, books, documents or other necessary things of the Association, on a regular basis or at any time. <Amended by Apr. 18, 2017>
(2) Paragraph (1) shall apply mutatis mutandis where the Fire Commissioner of the National Fire Agency deems it necessary for the duties of the Association prescribed in subparagraphs 1 and 3 of Article 15. <Amended on Nov. 19, 2014; Jul. 26, 2017>
(3) An person who conducts an inspection under paragraphs (1) and (2) shall carry an identification verifying such authority and show it to the related persons.
[This Article Wholly Amended on May 19, 2011]
Article 23(Penalty Provisions) #
A person who fails to obtain fire insurance with a special attachment in violation of Article 5 (1) shall be punished by a fine not exceeding five million won.
[This Article Wholly Amended on May 19, 2011]
Article 24(Administrative Fines) #
A person who uses the name "Korean Fire Protection Association" or other name similar thereto in violation of Article 13 shall be punished by an administrative fine not exceeding three million won.
[This Article Wholly Amended on May 19, 2011]
Article 25 #
Deleted. <May 19, 2011>