DISASTER CONTROL ACT

Article 1(Purpose) #

The purpose of this Act is to establish the disaster management system of the State and local governments in order to protect the lives and property of people from disasters, and to provide the necessary matters concerning disaster management, such as the prevention and control of disasters, emergency rescue, and other disasters management.

Article 2(Definitions) #

The definitions of terms used in this Act shall be as follows: <Amended by Act No. 5707, Jan. 29, 1999>

1. The term “disasters” means accidents such as fires, collapses, explosions, traffic accidents, chemical, biological and radioactive accidents, and environmental pollution incidents which may cause damage to people’s lives and property, not including natural disasters;

2. The term “oversea disaster” means the disaster outside of the territory of the Republic of Korea which inflicts or may inflict damage on the lives and property of citizens of the Republic of Korea, and requires the Government to take measures;

3. The term “disaster management” means all kinds of activities carried out to prevent disasters, and to control and restore damage when disaster occurs;

4. The term “control of disaster” means all kinds of activities related to emergency rescue such as human life rescue, emergency measures, restoration of damaged facilities, and negotiations on compensations for human and physical damage when disasters occur (including working out and implementing countermeasures to reduce damage caused by disasters);

5. The term “emergency rescue” means all kinds of emergency measures such as life rescue, first aid, etc. which shall be promptly performed by emergency rescue and relief agencies referred to in subparagraph 7 in order to protect people’s lives and property where a disaster is likely to occur or has occurred;

6. The term “disaster management agencies” means any central administrative agency and local government, local administrative agency, public institution and public organization (including local agencies such as branch offices of public institutions and organizations; here-inafter the same shall apply) as prescribed by the Presidential Decree, the managing agencies of important facilities which need disaster management (hereinafter referred to as “local administrative agencies”), and other agencies or organizations in charge of disaster management as prescribed by Acts and subordinate statutes; and

7. The term “emergency rescue and relief agencies” means agencies or organizations provided with manpower and equipments necessary for emergency rescue and relief services, which are prescribed by the Presidential Decree.

Article 3(Obligations of State, etc.) #

(1) The State shall establish and execute plans for preventing disasters and promptly managing disasters which occur, and recovering from damages caused by them.

(2) The Special Metropolitan City/Metropolitan City/Do (hereinafter referred to as the “City/ Do”) and Si/Gun/autonomous Gu (hereinafter referred to as the “Si/Gun/ Gu”) shall have an obligation to protect the lives and property of residents from disasters, and shall establish and execute disaster management plans within its jurisdiction, respectively.

(3) The head of any local administrative agency and the head of an agency or organization in charge of disaster management as prescribed under Acts and subordinate statutes shall establish and execute plans on disaster management relevant to their duties, and shall cooperate in the disaster management operations of the City/Do and Si/Gun/Gu having jurisdiction over their locations, respectively.

Article 4(Obligations of People) #

The people shall cooperate to the maximum extent with their disaster management tasks of the State or the local government and make efforts to prevent the buildings and facilities owned or used by them from being affected by disasters.

Article 5(Financial Measures) #

(1) The State or local governments shall take the financial measures necessary for the prevention of disasters, prompt control and restoration of the disasters already occurred.

(2) The State may subsidize in whole or in part the expenses required for the prevention of disasters, control of disasters, and restoration from damage to local governments, from the National Treasury, under the conditions as prescribed by the Presidential Decree.

Article 6(Relation with Other Acts) #

Except the case where there are special provisions in other Acts, the disaster management operations shall be governed as determined by this Act.

Article 7(Central Safety Support Committee) #

(1) A central safety support committee (hereinafter referred to as the “central committee”) shall be established under the jurisdiction of the Prime Minister in order to deliberate upon, exercise general control over and coordinate the important government policies concerning the prevention of disasters, control of disasters, and other disasters management; in order to consult on and coordinate disaster management operations of the Government; and to carry out other matters necessary for disaster management as prescribed by this Act.

(2) The Prime Minister shall be the chairman of the central committee, and its members shall be the Minister of Finance and Economy, the Minister of Education and Human Resources Development, the Minister of Unification, the Minister of Foreign Affairs and Trade, the Minister of National Defense, the Minister of Government Administration and Home Affairs, the Minister of Science and Technology, the Minister of Culture and Tourism, the Minister of Agriculture and Forestry, the Minister of Commerce, Industry and Energy, the Minister of Information and Communication, the Minister of Health and Welfare, the Minister of Environment, the Minister of Labor, the Minister of Construction and Transportation, the Minister of Maritime Affairs and Fisheries and the Minister of Planning and Budget, and the heads of the central administrative agencies or other related institutions as prescribed by the Presidential Decree. <Amended by Act No. 5707, Jan. 29, 1999; Act No. 5982, May 24, 1999; Act No. 6400, Jan. 29, 2001>

(3) A secretary shall be assigned to the central committee, and the head of the Office of State Coordination shall be the secretary. <Amended by Act No. 5707, Jan. 29, 1999>

(4) A working committee may be established under the central committee in order to effectively operate the central committee by examining the proposals submitted to the central committee, and by arranging the matters to be cooperated upon between the agencies concerned.

(5) The necessary matters concerning the operation of the central committee, and the structure and operation of the working committee shall be prescribed by the Presidential Decree.

Article 8(Functions, etc. of Central Committee) #

(1) The central committee shall carry out the followings:

1. Deliberation upon, general control of, and coordination of important governmental policies on disasters management;

2. Consultation on and coordination of disasters management operations performed by central administrative agencies;

3. Management of matters under the jurisdiction of the central committee under Acts and subordinate statutes; and

4. Deliberation upon the matters submitted by the chairman.

(2) The central committee may, in connection with the tasks under its competency, ask the heads of agencies in charge of disasters management and the persons concerned to submit data, to state opinions, and to cooperate on other necessary matters.

Article 9(Local Safety Support Committee) #

(1) A City/Do safety support committee (hereinafter referred to as the “City/Do committee”) shall be established under the jurisdiction of the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Do governor (hereinafter referred to as the “Mayor/Do governor”) in order to perform the deliberation upon, the overall supervision and coordination of material policies concerning local disasters management, the consultation on and coordination of local disasters management operations, and the other matters necessary for local disasters management as prescribed by this Act; a Si/Gun/Gu safety support committee (hereinafter referred to as the “Si/Gun/Gu committee”) shall be established under the jurisdiction of the head of Si/Gun/Gu (meaning the head of autonomous Ku: hereinafter the same shall apply).

(2) The chairman of the City/Do committee shall be the Mayor/Do governor, and the chairman of the Si/Gun/Gu committee shall be the head of Si/Gun/Ku.

(3) A working committee may be established under the City/Do committee and the Si/Gun/Gu committee (hereinafter referred to as the “local committee”) in order to effectively operate the local committee, by examining the proposals presented for discussion to the local committee, and by arranging matters to be cooperated upon between the organizations concerned.

(4) The necessary Matters concerning the composition and operation of the local committee and the working committee shall be prescribed by the Presidential Decree.

Article 10(Functions of Local Committee, etc.) #

(1) The local committee shall carry out the followings:

1. Deliberation on, general control of, and coordination of the disaster management policy in the relevant area;

2. Consultation on and coordination of disaster management tasks performed by the administrative agency in charge of disaster management (excluding central administrative agencies and superior local governments; hereinafter the same shall apply) in the relevant area;

3. Handling of matters falling under the competency of the local committee in accordance with the Acts and subordinate statutes and the Municipal Ordinance; and

4. Deliberation on other matters presented for discussion by the chairman of the local committee.

(2) The local committee may, in respect of tasks under its competency, request the head of the administrative agency in charge of disaster management located in the relevant area or other persons concerned to submit data, to state opinions, and to provide other necessary assistance.

Article 11(Guidance and Supervision of Local Committee) #

The Minister of Government Administration and Home Affairs may provide assistance, guidance and conduct supervision periodically or at any time on the operation of the City/Do committee and disaster management tasks of local government, and the Mayor/Do governor, on the operation of the Si/Gun/Gu committee and disaster management tasks of the Si/Gun/Gu within the jurisdiction. <Amended by Act No. 5707, Jan. 29, 1999>

Article 12(Establishment of National Disaster Management Plan) #

(1) The Prime Minister shall prepare guidelines for the establishment of the plan on disaster management tasks of the State (hereinafter referred to as the “national disaster management plan”) and shall give directives to the heads of the central administrative agencies concerned in respect thereof under the conditions as prescribed by the Presidential Decree.

(2) The heads of the central administrative agencies concerned shall prepare the plan on disaster management tasks under their jurisdiction pursuant to the guidelines referred to in paragraph (1) and submit it to the Prime Minister after consultation with the Minister of Government Administration and Home Affairs. <Amended by Act No. 5707, Jan. 29, 1999>

(3) The Prime Minister shall establish a national disaster management plan by putting together plans submitted by the heads of the central administrative agencies concerned pursuant to paragraph (2) and give directives to the heads of the central administrative agencies concerned in respect thereof after confirming it, subject to deliberation by the central committee.

(4) The heads of the central administrative agencies concerned shall give directives to the heads of the administrative agencies concerned in charge of disaster management (excluding the head of local government) in respect of the tasks under their jurisdiction out of those specified in the national disaster management plan finalized pursuant to paragraph (3).

(5) The provisions of paragraphs (1) through (4) shall also apply mutatis mutandis to cases where the national disaster management plan is modified.

Article 13(Establishment of City/Do Disaster Management Plan) #

(1) The Minister of Government Administration and Home Affairs shall prepare guidelines for the establishment of a plan on City/Do disaster management tasks (hereinafter referred to as a “City/Do disaster management plan”) according to the national disaster management plan finalized under the provisions of Article 12 (3), and shall give directives to the head of City/Do in respect thereof. <Amended by Act No. 5707, Jan. 29, 1999>

(2) The Mayor/Do governor shall prepare a City/Do disaster management plan by putting together the establishment guidelines notified pursuant to paragraph (1) and plans on disaster management tasks by local administrative agencies, etc. referred to in paragraph (3) and confirm it, subject to deliberation by the City/Do committee.

(3) Heads of the local administrative agencies, etc. having jurisdiction over the whole or part of the City/Do shall prepare the plan on disaster management tasks under their jurisdiction and submit such plan to the relevant Mayor/Do governor.

(4) The Mayor/Do governor shall report to the Minister of Government Administration and Home Affairs on the City/Do disaster management plan finalized under the provisions of paragraph (2) and notify heads of the local administrative agencies, etc. under the jurisdiction thereof. <Amended by Act No. 5707, Jan. 29, 1999>

Article 14(Establishment of Si/Gun/Gu Disaster Management Plan) #

(1) The Mayor/Do governor shall prepare guidelines for the establishment of the plan on Si/Gun/Gu disaster management plan (hereinafter referred to as the “Si/Gun/Gu disaster management plan”) according to the City/Do disaster management plan confirmed under the provisions of Article 13 (2), and shall give directives to the head of Si/Gun/Gu in respect thereof.

(2) The head of Si/Gun/Gu shall prepare a Si/Gun/Gu disaster management plan by putting together establishment guidelines notified pursuant to paragraph (1) and the plan on disaster management tasks by local administrative agencies, etc. referred to in paragraph (3) and confirm it, subject to deliberation by the Si/Gun/Gu committee.

(3) Heads of the local administrative agencies having jurisdiction over the whole or part of the Si/Gun/Gu shall prepare the plan on disaster management tasks under their jurisdiction and submit it to the head of Si/Gun/Gu concerned. The same shall apply to the institution managing important facilities subject to disaster management located in the Si/ Gun/Gu concerned.

(4) The head of Si/Gun/Gu shall report to the Mayor/Do governor on the Si/Gun/Gu disaster management plan finalized under the provisions of paragraph (2) and notify heads of the local administrative agencies, etc. within the jurisdiction thereof.

Article 15(Relation with Civil Defense Plan) #

The national disaster management plan, the City/Do disaster management plan, and the Si/Gun/Gu disaster management plan shall be deemed as the plan in the field of disaster management out of the civil defense plans under the Framework Act on Civil Defense.

Article 16(Management of Disaster Situation) #

(1) The Minister of Government Administration and Home Affairs, the Mayor/Do governor and the head of Si/Gun/Gu shall establish and operate the general situation management center in order to collect and disseminate information on disasters and to promptly direct and manage the situation. <Amended by Act No. 5707, Jan. 29, 1999>

(2) When a disaster occurs or is likely to occur within his jurisdiction, the head of Si/Gun/Gu shall immediately report to the Mayor/Do governor on the situation of disaster and emergency measures taken and what has been done to bring the disaster under control; the Mayor/Do governor shall report them to the Minister of Government Administration and Home Affairs and the head of the central administrative agency concerned under the conditions as prescribed by the Presidential Decree. In this case, the head of Si/Gun/Gu shall directly report to the Minister of Government Administration and Home Affairs on matters prescribed by the Presidential Decree. <Amended by Act No. 5707, Jan. 29, 1999>

(3) The head of the administrative agency in charge of disaster management (excluding the head of the central administrative agency and the head of the local government) and the head of the emergency rescue agency, when a disaster related to the tasks under their jurisdiction occurs or they receive a report on the occurrence of such disaster, shall report or make notification to the head of the central administrative agency concerned and the Mayor/Do governor or the head of Si/Gun/Gu on the situation of the disaster, the emergency measures taken, and contents of disaster assistance executed; and the Mayor/Do governor shall report them to the Minister of Government Administration and Home Affairs. <Amended by Act No. 5707, Jan. 29, 1999>

(4) The Minister of Government Administration and Home Affairs, the Mayor/Do governor and the head of Si/Gun/Gu shall without delay make a notification to the relevant heads of the administrative agencies in charge of disaster management when a disaster occurs or they have received the report and notification on the occurrence of disaster. <Amended by Act No. 5707, Jan. 29, 1999>

Article 16-2(Management of Overseas Disasters) #

(1) The heads of diplomatic missions abroad, when any disaster occurs in areas under their jurisdiction, shall report without delay to the Minister of Foreign Affairs and Trade.

(2) The Minister of Foreign Affairs and Trade, upon receiving the report from any of the heads of overseas diplomatic missions, shall notify the minister of the competent ministry (meaning the central administrative agency in charge of exercising and coordinating overall control over the disaster under the Government Organization Act and other related Acts and subordinate statutes.

[This Article Newly Inserted by Act No. 5707, Jan. 29, 1999]

Article 17(Report of Disasters) #

(1) Where any person discovers the occurrence of a disaster or a sign of the occurrence of a disaster, he shall without delay report the fact to the Si/Gun/ Gu, the fire-fighting agency, or other administrative agencies concerned.

(2) The head of Si/Gun/ Gu, the head of the fire-fighting agency, or other administrative agencies who have received the report referred to in paragraph (1) shall without delay notify the local emergency rescue head offices referred to in Article 25.

Article 18(Prevention of Disasters) #

(1) The head of the administrative agency in charge of disaster management at each level shall take the following measures in order to prevent disasters which may occur in the field of their operations:

1. Forecasting disasters and building up an information dissemination system;

2. Education and training in preparation for disasters, and public relations on disaster prevention;

3. Establishment of safety control systems for fields of disasters likely to occur, and enactment of safety control regulations;

4. Designation and management of the facilities and areas in which disasters are deemed likely to occur or which are deemed necessary for sustained management for disaster prevention;

5. Designation, storage and maintenance of goods, materials and equipment needed in case of the occurrence of disasters; and

6. Other matters deemed necessary for the prevention of disasters.

(2) The head of the administrative agency in charge of disaster management at each level shall cooperate in the disaster prevention measures conducted by other administrative agencies in charge of disaster management.

(3) Matters necessary for the designation of facilities and areas referred to in paragraph (1) 4 shall be prescribed by the Presidential Decree.

Article 19(Maintenance and Supplement of Safety Control Systems, etc.) #

(1) The head of the administrative agency in charge of disaster management at each level shall maintain and supplement safety control systems and the safety control regulations as provided in Article 18 (1) 3, in order to guarantee the effectiveness of safety control.

(2) The chairman of the central committee may regularly evaluate the establishment of safety control systems, the enactment of the safety control regulations, and actual conditions of maintenance and supplement conducted by the administrative agency in charge of disaster management at each level under the conditions as prescribed by the Presidential Decree, and the chairman of the central committee may, if necessary, request the head of the agency concerned to take corrective or supplementary measures.

Article 20(Management of Facilities, etc. under Hazard) #

(1) When the head of the administrative agency in charge of disaster management at each level designates facilities and areas under high possibility of disaster (hereinafter referred to the “facilities under hazard”) as provided in Article 18 (1) 4, he shall take the following measures in order to prevent disasters:

1. Regular and occasional inspection, maintenance, and repair of the facilities, etc. under hazard; and

2. Preparation and execution of the short-term and long-term plans in order to eliminate the danger of occurrence of disasters at the facilities, etc. under hazard.

(2) Matters necessary for the preparation and execution of the short-term and long-term plans referred to in paragraph (1) 2 shall be prescribed by the Presidential Decree.

(3) The chairman of the central committee may have the head of central administrative agency concerned report the situation concerning both the designation of the facilities, etc. under hazard and measures taken under paragraph (1) by local governments and local administrative agencies under the conditions as prescribed by the Presidential Decree, and if necessary, may ask the head of the agency concerned to take corrective measures and supplement them.

Article 21(Support, etc. Local Government) #

The Minister of Government Administration and Home Affairs may provide assistance and guidance, and conduct supervision necessary for the measures to prevent disasters conducted by local government under the provisions of Article 18 and, in this connection, request cooperation from the head of the central administrative agency concerned. <Amended by Act No. 5707, Jan. 29, 1999>

Article 22(Safety Inspection for Prevention of Disasters) #

(1) The head of the administrative agency in charge of disaster management at each level (limited to the chief of the administrative agency), when it is necessary to prevent disasters, shall have public officials conduct safety inspection on the facilities and areas where a disaster is likely to occur, ask persons concerned necessary questions, or inspect related documents, etc.

(2) The head of an agency in charge of managing the disasters (meaning the head of an administrative agency), when it is deemed necessary when he conducts a safety checkup under paragraph (1), may conduct a joint safety checkup with other administrative agencies concerned after consulting with the heads of those administrative agencies. <Newly Inserted by Act No. 5707, Jan. 29, 1999>

(3) Facilities and areas subject to the safety checkup referred to in paragraph (1), procedures for and methods of conducting the safety checkup and matters necessary to record and maintain the results of the safety checkup shall be prescribed by the Presidential Decree: Provided, That where as otherwise specially provided in other Acts and subordinate statutes about the provisions concerning the safety inspection, they shall be governed under the conditions as determined by such Acts and subordinate statutes.

(4) Any public official conducting the safety inspection, etc. under the provisions of paragraph (1) shall show to the persons concerned a certificate showing his authority.

Article 23(Safety Measures) #

(1) In case that disasters are likely to occur in civilian facilities, etc. according to the result of safety inspection referred to in Article 22, the head of the administrative agency in charge of disaster management (limited to the head of administrative agency; hereinafter in this Article the same shall apply) may order the owners, administrators or possessors to take safety measures falling under any of the following subparagraphs:

1. Conducting an exact safety diagnosis;

2. Maintenance such as repair and reinforcement; and

3. Removal of sources of danger likely to cause disasters.

(2) The owners, administrators, or possessors who have received an order for safety measures referred to in paragraph (1) shall conduct the safety measures and report to the head of the administrative agency in charge of disaster management on the result thereof under the conditions as prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs. <Amended by Act No. 5707, Jan. 29, 1999>

(3) The head of the administrative agency in charge of disaster management, if he finds it urgent and dangerous due to the failure of the persons who received the order for the safety measures referred to in paragraph (1) to fulfill such order, may restrict or prohibit the use of such facilities, etc. In this case, the contents of such restriction or prohibition shall be posted at places where such contents can be easily seen. <Amended by Act No. 5707, Jan. 29, 1999>

(4) The head of the administrative agency in charge of managing disasters, when a person who is under obligation to take safety measures on orders under the provisions of paragraph (1) 2 or 3, fails to carry out the orders or is unable to do so and it is judged urgently necessary to prevent disasters, may take the safe measures in lieu of the person under obligation to do so on orders. <Newly Inserted by Act No. 5707, Jan. 29, 1999>

(5) The head of the administrative agency in charge of disaster management shall notify the owners, administrators, and possessors in taking safety measures referred to in paragraph (3) in advance and in writing.

Article 24(Central Emergency Rescue Head Office) #

(1) The central emergency rescue head offices shall be established under the Ministry of Government Administration and Home Affairs in order to manage and coordinate the measures for emergency rescue and relief services, to execute division of labor among the emergency rescue and relief agencies, and to direct and manage the activities for emergency rescue and relief services conducted by the emergency rescue and relief agencies. <Amended by Act No. 5707, Jan. 29, 1999>

(2) A chief and a deputy chief shall be appointed in the central emergency rescue head office, and the Minister of Government Administration and Home Affairs shall be the chief, and the Vice Minister shall be the deputy chief. <Amended by Act No. 5707, Jan. 29, 1999>

(3) Operation committee shall be established in the central emergency rescue head office to deliberate upon the matters concerning emergency rescue and relief services, and the deputy chief shall be the chairman of the operation committee. The members shall consist of public officials who are recommended by the Ministry of National Defense, the Ministry of Government Administration and Home Affairs, the Ministry of Health and Welfare, the Administrator of National Police Agency and the heads of the agencies that the chief recognizes as necessary, and persons who are commissioned by the chief from among those of knowledge and experience in emergency rescue and relief services. <Amended by Act No. 5707, Jan. 29, 1999>

(4) A coordinator shall be appointed in the central emergency rescue head office in order to direct and control the activities for emergency rescue and relief services, and the person who is designated by the chief from among the fire-fighting officers under the Ministry of Government Administration and Home Affairs, shall be the coordinator. <Amended by Act No. 5707. Jan. 29, 1999>

(5) The chief shall establish and operate the general situation management center in order to collect and disseminate information on disasters, and to promptly direct and manage the situation.

(6) The coordinator shall manage and supervise the general situation management center referred to in paragraph (5).

(7) Where a disaster occurs, the chief may request the head of the agency or organization concerned to send the staff under its jurisdiction if he

deems it necessary for the maintenance of mutual assistance systems between the emergency rescue and relief agencies. In this case, the head of the agency shall comply with the request unless there exist special causes.

(8) The necessary matters concerning the function and operation of the central emergency rescue head office and its operation committee shall be prescribed by the Presidential Decree.

Article 25(Local Emergency Rescue Head Office) #

(1) A City/Do emergency rescue head office shall be established under the Mayor/Do governor, and a Si/Gun/Gu emergency rescue head office under the head of Si/Gun/ Gu, in order to manage and coordinate the local emergency rescue and relief services; to execute the division of labor among the emergency rescue and relief agencies within the local areas; and to direct and control over the activities for the emergency rescue and relief services conducted by the competent local emergency rescue and relief agencies.

(2) The provisions of Article 24 (4) through (7) shall apply mutatis mutandis to the City/Do emergency rescue head office and the Si/Gun/ Gu emergency rescue head office (hereinafter referred to as the “local emergency rescue head office”), and the chief and coordinators of the local emergency rescue head offices. In this case, the coordinator of the Si/ Gun/Gu emergency rescue head office shall be the person who is designated by the chief of the Si/Gun/Gu emergency rescue head office, from among fire officers under the City/Do.

(3) The necessary matters concerning the organization, function, and operation of the local emergency rescue head office shall be prescribed by the Presidential Decree.

Article 26(Emergency Rescue and Relief Services) #

(1) When a disaster occurs, the chief of the local emergency rescue head office shall send the staff for emergency rescue and relief services under their jurisdiction to the spot where disaster occurs and have them do the activities necessary for emergency rescue and relief services.

(2) Where it is deemed necessary for emergency rescue and relief services, the chief of the local emergency rescue head office may request the heads of the emergency rescue and relief agencies to support the activities by providing the personnel and equipment needed for emergency rescue and

relief services under its jurisdiction. In this case, the head of the agency which have received the request shall comply immediately with the request unless there exist special causes.

(3) The chief may compensate civil emergency rescue organizations which participated in emergency rescue and relief services upon their requests as referred to in paragraph (2) for all or part of the expenses under the conditions as prescribed by the Presidential Decree.

(4) Where the operation of helicopters is needed for emergency rescue and relief services, the chief of the local emergency rescue head office shall notify the matters related to the operation of helicopters to the organization in charge of the operation and control of helicopters, and may operate helicopters. In this case, the operation of helicopters shall be considered to be approved under related Acts and subordinate statutes.

(5) The heads of the emergency rescue and relief agencies shall establish an emergency rescue and relief system and maintain it at all times in order to promptly and efficiently perform emergency rescue and relief services, and its workers and equipments shall be prepared to go out at any time for emergency rescue and relief services.

Article 27(Field Supervision) #

(1) The coordinator of the Si/Gun/Gu emergency rescue head office shall conduct the field operational supervision over emergency rescue and relief services (hereafter referred to as the “field supervision”): if the chief of the Si/Gun/Gu emergency rescue head office deems it necessary, he shall conduct the field supervision in person.

(2) The field supervision referred to in paragraph (1) shall be conducted over the following matters:

1. Assigning tasks to the agency for emergency management services and to volunteers, etc.;

2. Giving emergency treatments to the dead and wounded and transferring them to a medical institution;

3. Management of materials needed for emergency management services; and

4. Restriction of access to the scene, traffic control in and around the scene, and other measures necessary for efficient emergency rescue and relief services.

(3) Where the chief of City/Do emergency rescue head office deems it

necessary, he may directly conduct supervision in the field, notwithstanding the provisions of paragraph (1) or may make the coordinator of City/Do emergency rescue head office conduct supervision over the area.

(4) If a great disaster as provided in Article 45 (1) occurs, or if deemed necessary, the chief of the central emergency rescue head office may make the chief of City/Do emergency rescue head office, the coordinator of the central emergency rescue head office, or the coordinator of City/Do emergency rescue head office conduct supervision over the area, notwithstanding the provisions of paragraph (1) and (3).

(5) The workers who participate in emergency management services in the field, shall follow the directions and control of the coordinator or the chief of the local emergency rescue head office in charge of the field supervision as provided in paragraphs (1), (3) and (4).

(6) The coordinator or the chief of the local emergency rescue head office who conducts supervision over the area as provided in paragraphs (1), (3) and (4) may establish and operate the field supervisory office. In this case, the field supervisors of the emergency rescue and relief agencies which participates in emergency rescue and relief services shall dispatch a liaison officer to the field supervisory office.

Article 28(Request for Reprehension, etc.) #

(1) The chief of the local emergency rescue head office may notify the names of emergency rescue and relief workers, who do not follow the directions of the coordinator or the chief of the local emergency rescue head office in charge of field supervision as provided in Article 27 (1), (3) and (4) or who neglect the assigned duties, to the head of the organization to which the workers belong.

(2) The head of the agency concerned who has received the notification pursuant to paragraph (1), shall take appropriate measures against the emergency rescue and relief workers such as reprimands.

Article 29(Enhancement of Capabilities for Emergency Rescue and Relief Services) #

The State and the local government shall devise financial measures necessary for building up manpower, equipment, and facilities for emergency rescue and relief services, for establishing and maintaining the communications network, and for enhancing the capabilities for emergency rescue and relief services by the State and the local government.

Article 30(Education and Training on Emergency Rescue and Relief Services) #

(1) The chiefs of the central emergency rescue head office and of the local emergency rescue head office (hereinafter referred to as the “chief of the emergency rescue head office at each level”) shall carry out regular or occassional trainings on emergency rescue and relief services in which the emergency rescue and relief agencies participate jointly, under the conditions as prescribed by the Presidential Decree.

(2) The chief of the emergency rescue head office at each level shall evaluate the results of training after the completion of training as provided in paragraph (1) and notify the heads of the emergency rescue and relief agencies.

(3) The emergency rescue and relief workers in the emergency rescue and relief agencies at each level shall receive education with respect to emergency rescue and relief services, under the conditions as prescribed by the Presidential Decree.

(4) The chief of the central emergency rescue head office may designate educational institutions in charge of education referred to in paragraph (3).

Article 31(Emergency Rescue and Relief Services in Case of Aircraft Crash) #

(1) In cases of aircraft accidents or shipwrecks (including a fishing boat), the Minister of National Defense shall take following measures in order to promptly provide assistance of the army for emergency rescue and relief services that are conducted by the emergency rescue and relief agencies under relevant Acts and subordinate statutes such as this Act and the Rescue and Aid at Sea and in the River Act:

1. Establishment and operation of the head office for search and rescue; and

2. Designation of the search and rescue team, and maintenance of preparedness for moving out.

(2) Where it is prescribed by the Presidential Decree from among disasters provided in paragraph (1), the commander of the search and rescue team referred to in paragraph (1) 2 may supervise the emergency rescue and relief services in the field. In this case, with respect to distress at sea, the commander of the search and rescue team shall faithfully perform the duty of notification which the head of the search and rescue team

shall perform in accordance with the provisions of Article 13 (2) of the Rescue and Aid at Sea and in the River Act.

(3) The Minister of National Defense may request cooperation from the head of the central administrative agency concerned within the scope of assistance to emergency rescue and relief services as provided in paragraph (1). In this case, the head of the central administrative agency receiving such a request shall comply with it unless there exist special reasons.

(4) The matters concerning the organization and operation of the search and rescue team as provided in paragraph (1) 1 shall be prescribed by the Ordinance of the Ministry of National Defense.

Article 32(Emergency Rescue and Relief Services for Distress at Sea) #

Where a distress at sea other than those as provided in Article 31 (2) occurs, the head of the maritime police station exercising the jurisdiction over the sea concerned shall conduct field supervision: if the Commissioner of National Maritime Police Agency deems it necessary, he may directly conduct field supervision or have public officials under his jurisdiction conduct such field supervision.

Article 33(Applicable Provisions) #

The provisions of this Chapter shall apply mutatis mutandis to disasters caused by typhoons, torrential rains, windstorms, heavy snowfalls, tidal waves, earthquakes, and other abnormal natural phenomena.

Article 34(Order for mobilization, etc.) #

Where a disaster occurs, or where the head of Si/Gun/Gu deems that a disaster is likely to occur, he may order the members of the civil defense unit as provided in the Framework Act on Civil Defense to mobilize, or may request the head of the police station, the head of the administrative agency in charge of disaster management, or the commander of the unit under the jurisdiction to take necessary measures, such as an order for moving out for emergency measures. In this case, the head of the agency concerned, or the commander concerned shall comply with such a request unless there exist special causes.

Article 35(Order for Evacuation) #

(1) Where a disaster occurs, or is likely to occur, the head of Si/Gun/ Gu, if necessary, may order the residents or those in the area concerned to evacuate for prevention against any danger and injury to human life and body.

(2) The person who has received an order for evacuation as provided in paragraph (1), shall comply with it without delay.

Article 36(Designation of Warning Area) #

(1) Where a disaster occurs, or is likely to occur, the head of Si/Gun/Gu may, if necessary, designate a warning area, and may order the following measures to those who are not engaged in emergency measures in order to prevent any injury or danger to human life and body:

1. Prohibition of or restriction of entry into the warning area and other activities therein; or

2. Moving-out or evacuation from the warning area.

(2) When the head of Si/Gun/Gu designates the warning area in accordance with paragraph (1), he shall post a notice on such area, prohibited or restricted activities, and other necessary matters at the place within easy sight.

Article 37(Compulsory Measures for Evacuation) #

The head of Si/Gun/ Gu, if he deems it urgent and dangerous due to the failure of the person who received the order of evacuation under the provisions of Article 35 (1) or who received the order of moving-out or evacuation from the warning area under the provision of Article 36 (1) 2, may force the residents or those in the area concerned and the warning area to move out or evacuate from the areas concerned.

Article 38(Support) #

(1) When it is deemed necessary for emergency measures, the head of Si/Gun/Gu may request necessary supports, such as dispatching of the public officials concerned, etc. from the head of another Si/Gun/Gu concerned. In this case, the head of Si/Gun/Gu shall comply with such request unless there exist special causes.

(2) The person who is engaged in the supporting work as provided in paragraph (1) shall be engaged in emergency measures following the directions of the head of Si/Gun/Gu who requested the assistance.

Article 39(Emergency Procurement) #

Where the head of Si/Gun/Gu has an urgent reason to take emergency measures because a disaster occurs or is likely to occur in the area concerned, he may make neighbors or the person on the spot of the disaster participate in emergency measures, may make temporary use of others’ lands, buildings, structures, and other belongings under the conditions as prescribed by the Presidential Decree, or may make a change in or remove obstacles.

Article 40 #

Deleted.<by Act No. 5707, Jan. 29, 1999>

Article 41(Emergency Measures Carried out by Mayor/Do Governor, etc.) #

(1) Where a large-scale disaster as provided in Article 39 (1) occurs or is likely to occur, and where a disaster covering over two Sis/Guns/Gus occurs, the Mayor/Do governor may take emergency measures as provided in Articles 34 through 40.<Amended by Act No. 5707, Jan. 29, 1999>

(2) When it is deemed necessary to carry out emergency measures as provided in paragraph (1), the Mayor/Do governor may give the heads of Sis/Guns/Gus who are to take emergency measures under the provisions of this Chapter the necessary directions, or may order the heads of other Sis/Guns/Gus to support them.

Article 42(Emergency Measures by Head of Administrative Agency in Charge of Disaster Management) #

Where a disaster occurs or is likely to occur, the head of the administrative agency in charge of disaster management (excluding heads of central administrative agency and local government) shall take necessary measures for operations under its jurisdiction without delay, and shall cooperate in order to make emergency measures conducted by the Mayor/ Do governor or by the head of Si/Gun/Gu performed smoothly.

Article 43(Local Head Office of Accident Countermeasures) #

(1) When a disaster occurs or is likely to occur in a City/Do or Si/Gun/ Gu, the Mayor/Do governor may establish a City/Do head office of accident countermeasures, and the head of Si/Gun/Gu may establish a Si/Gun/ Gu head office of accident countermeasures in order to effectively perform the measures necessary to prevent and manage disasters: if the central head office of accident countermeasures (excluding the case of overseas disasters) is established to cope with disasters as provided in Article 45, the Mayor/Do governor or the head of Si/Gun/ Gu shall establish a City/Do head office of accident countermeasures or a Si/Gun/Gu head office of accident countermeasures (hereinafter referred to as the “local head office of accident countermeasures”). <Amended by Act No. 5707, Jan. 29, 1999>

(2) The Mayor/Do governor or the head of Si/Gun/Gu shall be the chief of the local head office of accident countermeasures (hereinafter referred to as the “chief of local head office”).

(3) The necessary matters concerning the organization, functions and operation of the local head office of accident countermeasures shall be prescribed by the Presidential Decree.

Article 44(Authority of Local Office Head) #

(1) In order to execute effective disaster assistances, the local office head may, if necessary, request the head of the local administrative agency having jurisdiction over the City/Do or the Si/Gun/Gu to take administrative and financial measures, and to provide other necessary cooperation in operations. In this case, the head of the agency shall comply immediately with the local office head’s request unless there exist special causes. <Amended by Act No. 5707, Jan. 29, 1999>

(2) If the local office head deems it necessary for disaster assistances, it may ask the head of the administrative agency having jurisdiction over the areas concerned (excluding heads of central administrative agency and the superior local government) to dispatch its staff. In this case, the head of the agency shall comply immediately with the request unless there exist special causes. <Amended by Act No. 5707, Jan. 29, 1999>

(3) The dispatched staff as stipulated in paragraph (2) shall faithfully perform operations of its agency necessary for disaster management according to the local office head’s directions, and shall render services in the local head office of accident countermeasures until the disaster management is completed.

Article 45(Central Head Office of Accident Countermeasures) #

(1) When a large-scale disaster prescribed by the Presidential Decree occurs, the minister of the competent ministry shall establish a central head office of accident countermeasures: Provided, That when any disaster occurs abroad and it is unclear which ministry shall take charge of the disaster, the Minister of Foreign Affairs and Trade shall establish a central head office of accident countermeasures. <Amended by Act No. 5707, Jan. 29, 1999>

(2) The head of the competent ministry shall be the chief of the central head office of accident countermeasures (hereinafter referred to as the “chief of central head office”).

(3) The members of the central head office of accident countermeasures shall consist of the central office head, the Vice Minister of Finance and Economy, the Vice Minister of Foreign Affairs and Trade (limited to the case where disasters occur abroad), the Vice Minister of National Defense, the Vice Minister of Government Administration and Home Affairs, the Vice Minister of Health and Welfare and the Vice Minister of the Planning and Budget, and other officials of central administrative agencies concerned, who are deemed necessary by the central office head. <Amended by Act No. 5707, Jan. 29, 1999; Act No. 5982, May 24, 1999>

(4) When the central head office of accident countermeasures is established, the heads of central administrative agencies may establish and operate their respective accident countermeasures teams. <Newly Inserted by Act No. 5707, Jan. 29, 1999>

(5) The chief of the central head office of accident countermeasures, when he deems it necessary to control efficiently overseas disasters following their occurrence, may organize a joint government overseas disaster countermeasures support group made up of public servants, executives and employees and experts from central administrative agencies, institutions concerned and other organizations concerned. <Newly Inserted by Act No. 5707, Jan. 29, 1999>

(6) Matters necessary to organize and operate the central head office of accident countermeasures shall be prescribed by the Presidential Decree.

Article 46(Authority of Central Office Head) #

(1) The central office head shall manage the affairs relevant to the disaster management as conducted by the head of the central administrative agency concerned, if necessary in order to efficiently execute disaster assistances, and may ask the head of the central administrative agency concerned to take the administrative and financial measures, and to cooperate in the necessary affairs. In this case, the head of the central administrative agency concerned shall comply immediately with the request unless there exist special causes.

(2) When the central office head deems it necessary for disaster assistance, he may ask the head of the administrative agency in charge of disaster management to dispatch its staff. In this case, the head of the agency concerned shall comply immediately with the request unless there exist special causes.

(3) The dispatched staff as stipulated in paragraph (2) shall faithfully perform the affairs related to their organization as necessary for disaster assistance, in accordance with the central office head’s directions, and shall work in the central head office of accident countermeasures until the disaster assistance is completed.

(4) The central office head may superintend the local office head within the limit necessary for disaster assistance.

(5) Where the central head office of accident countermeasures is not established, the central office head’s authority as provided in paragraph (4) shall be conducted by the head of competent authorities.

Article 47(Recovery from Damage, etc.) #

(1) The heads of the administrative agencies in charge of disaster management shall, when disasters occur to the facilities under their jurisdictions or in connection with their duties, take necessary measures such as investigation into the situation of the disaster, and establish and execute the preventive measures to avert the occurrence of a similar disaster as well as the restoration plan for the facilities under their jurisdictions. In this case, if the central head office of accident countermeasures as provided in Article 43 (1) is established, the administrative agency in charge of disaster management may jointly investigate the situation of the disaster and establish the preventive measures and the restoration plan.

(2) The preventive measures and the restoration plan as provided in paragraph (1) shall be subject to consultations by the central head office of accident countermeasures as provided in Article 45 (1): if the central head office of accident countermeasures is not established, the head of the administrative agency in charge of disaster management (excluding the head of the central administrative agency) shall report to the head of the competent authorities.

Article 48(Support of Chairman of Central Committee, etc.) #

Where it is deemed necessary to help the central office head exercise his powers smoothly as provided in Article 47, the chairman of the central committee may provide the coordination and directions necessary for the operation of the central administrative agency concerned.

Article 49(Report of Disaster) #

(1) The chief of the central head office head and the chief of the local head office head shall without delay report to the chairman of the central committee on the situation of the disaster concerned and the process of disaster assistances under the conditions as prescribed by the Presidential Decree.

(2) In the case of paragraph (1), the local office head shall go through the central office head in reporting on the disaster (where the central head office of accident countermeasures is not established, the head of the competent authorities).

Article 50(Proposal for Declaration of Special Disaster Area) #

Where the occurrence of disaster that is determined by the Presidential Decree are expected to have serious effects on maintenance of national security and social order; or where the central office head deems it necessary to take special measures for effective disaster assistances and restoration from the disaster occurred, he may propose that the President declare the area concerned as a special disaster area through the deliberation of the central committee.

Article 51(Declaration of Special Disaster Area) #

The President may declare an area as a special disaster area where the declaration of the special disaster area has been proposed pursuant to Article 50.

Article 52(Aid for Special Disaster Area) #

The area declared as a special disaster area as provided in Article 51, may receive special aids in administration, finance and tax necessary for emergency measures, and disaster relief and restoration for a disaster area.

Article 53(Defrayment of Expenses for Supports) #

(1) The head of local government who receives the supports under Article 38 shall defray the expenses for the supports.

(2) In case of paragraph (1), if a third-party local government benefits from the emergency measures concerned, the local government benefited

shall defray the corresponding portions of expenses for the supports within the limits of the benefits.

(3) The defrayment of the expenses as provided in paragraph (2) shall be determined through consultation among the relevant local governments, and where no agreement is reached, the local governments may apply for adjustment as provided in Article 140 of the Local Autonomy Act.

Article 54(Compensation for Losses incurred by Emergency Measures) #

(1) In case of incurrence of losses due the orders or dispositions as provided in Article 39 (including the provisions of Article 41 (1)), the local government shall make compensation for such losses. <Amended by Act No. 5707, Jan. 29, 1999>

(2) With regard to the compensation for losses as provided in paragraph (1), the person who has incurred the losses and the head of the local government who has issued the orders or disposition shall have consultations.

(3) Where agreement as provided in paragraph (2) has failed, an application for adjudication may be filed to the Land Tribunal as provided in Article 51 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 6656, Feb. 4, 2002>

Article 55(Compensation and Medical Treatment) #

(1) Where any emergency rescue and relief workers in the civilian emergency rescue and relief agencies who have participated in the emergency rescue and relief activities under the provisions of Article 26 (2), or any persons who have received orders to carry out the emergency measures referred to in Article 39 (including the case referred to in Article 41 (1)), have suffered injuries while carrying out the emergency rescue and relief services or the emergency measures, medical treatments shall be provided, or in the case of death (including the case of death due to injury) or physical disability, compensations shall be paid to the bereaved families or the handicapped persons: in respect of the persons who have received the same kind of compensation at the expense of the State or the local government under other Acts and subordinate statutes, the amount equivalent to such compensation shall not be paid. <Amended by Act No. 5707, Jan. 29, 1999>

(2) The medical treatments and compensation referred to in paragraph (1) shall be defrayed by the State or the local government, and matters necessary for the criteria and procedures shall be prescribed by the Presidential Decree.

Article 56(Accumulation of Disaster Management Funds) #

(1) The local government shall reserve the disaster management funds in order to defray the expenses required for disaster management every year.

(2) The minimum amount of reserve referred to in paragraph (1) shall be the amount that is equivalent to 2/1000 of the annual average of revenues from ordinary taxes during the period of the latest three years as referred to in the Local Tax Act.

Article 57(Operation, etc. of Disaster Management Funds) #

(1) The disaster management funds shall not be used for purposes other than prevention of disasters and emergency measures as prescribed by the Presidential Decree, and the whole amount of revenues accruing from disaster management funds shall be deposited into the disaster management funds.

(2) Matters necessary for the operation and management of disaster management funds shall be prescribed by the Presidential Decree.

Article 58(Delegation and Entrustment of Authority) #

(1) The authority of the Mayor/Do governor referred to in Article 41 (1) may be delegated to the head of the fire station within the limit necessary for emergency rescue and relief services, under the conditions as prescribed by the Municipal Ordinance of the City/Do.

(2) The authority of the head of Si/Gun/Gu referred to in Articles 34 through 39 may be entrusted to the head of the fire station within the limit necessary for emergency rescue and relief services under the conditions as prescribed by the Municipal Ordinance of the Si/Gun/Gu. <Amended by Act No. 5707, Jan. 29, 1999>

Article 59(Penal Provisions) #

A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than one year or a fine not exceeding five million won:

1. A person who refuses, avoids, or interferes with the safety inspection referred in Article 22 (1) without any justifiable reason;

2. A person who has been given an order referred to in Article 23 (1) but fails to fulfill it; and

3. A person who violate any orders of prohibition or restriction in regard of the access to the warning area and other actions therein as referred to in Article 36 (1) 1 (including the case as provided in Article 41 (1)) without any justifiable reason.

Article 60(Penal Provisions) #

A person who falls under any of the following subparagraphs shall be punished by a fine not exceeding two million won:

1. A person who violates the order of evacuation referred to in Article 35 (1) (including the case referred to in Article 41 (1));

2. A person who violates the order of evacuation or moving-out from the warning area referred to in Article 36 (1) 2 (including the case re ferred to in Article 41 (1));

3. A person who refuses or interferes with temporary use of land, buildings, structures, and other belongings referred to in Article 39 (including the case referred to in Article 41 (1)) the change or removal of obstacles without any justifiable reason; and

4. Deleted. <by Act No. 5707, Jan. 29, 1999>

Article 61(Joint Penal Provisions) #

Where the representative of a juristic person or an agent, servant or other employees of a juristic person or individual commits an offense as provided in Article 59 or 60 with respect to operations of such judicial person or individual, not only the violator shall be punished, but the juristic person or individual shall be punished by a fine as provided in the respective Articles.