Article 1(Purpose) #
The purpose of this Act is to stipulate fundamental matters pertaining to civil defense and the establishment, organization, formation and mobilization of Civil Defense Corps for protecting residents’ lives and property from wars, armed conflicts, emergencies equivalent thereto or national disasters. <Amended on Feb. 22, 2012>
Article 2(Definitions) #
The terms used in this Act are defined as follows: <Amended on Feb. 22, 2012; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
1. The term "civil defense" means all self-defensive actions, such as air defense, emergency measures to prevent disasters, rescue, restoration, support with services necessary for military operations, etc. to be performed by residents under the guidance of the government for the protection of residents' lives and property from any of the following situations (hereinafter referred to as "civil defense emergency"):
(a) Wars, armed conflicts, or emergencies similar thereto;
(b) United defense incidents defined in subparagraph 3 of Article 2 of the United Defense Act;
(c) National disasters, such as the declaration of a disaster under Article 36 (1) of the Framework Act on the Management of Disasters and Safety or the declaration, etc. of a special disaster area under Article 60 (1) of the same Act, and other disasters prescribed by the Minister of the Interior and Safety;
2. The term "head of a central government agency" means any head of a central administrative agency organized pursuant to the Constitution of the Republic of Korea or the Government Organization Act and other Acts; provided, the Secretary-General of the National Assembly Secretariat, the Minister of National Court Administration, the Secretary-General of the Constitutional Court, and the Secretary-General of the Central Election Commission shall be excluded.
Article 3(Duties of the State, local governments and citizens) #
(1) The State and local governments shall formulate and implement plans to guarantee the safety of the State and communities against any civil defense emergencies and to protect citizens' lives and property, and respond promptly to civil defense emergencies and recover therefrom. <Amended on Feb. 22, 2012>
(2) Every citizen shall cooperate with the civil defense measures of the State and local governments and fulfill in good faith his or her respective duties on civil defense provided for in this Act.
Article 4(Financial measures) #
(1) The State and local governments shall work out such financial measures necessary for the prevention of, prompt response to, and restoration from, a civil defense emergency.
(2) The State may fully or partially subsidize the measures referred to in paragraph (1) or provide other financial support for local governments, as prescribed by the Presidential Decree.
Article 5(Relationship to other statutes) #
With respect to civil defense activities and operations, this Act shall prevail over other Acts; provided, the Acts promulgated for the purposes of military operations shall have preference over this Act.
Article 6(Central Civil Defense Consultative Council) #
(1) In order to deliberate on major national policies on civil defense activities and operations, the Central Civil Defense Consultative Council shall be established under the direct control and jurisdiction of the Prime Minister.
(2) The establishment, organization, operations, and other matters pertaining to the Central Civil Defense Consultative Council shall be prescribed by Presidential Decree.
(3) Sub-committees may be established as needed under the Central Civil Defense Consultative Council.
Article 7(Regional civil defense consultative councils) #
(1) In order to deliberate on matters necessary for civil defense, regional civil defense consultative councils shall be established; a Special Metropolitan City civil defense consultative council, Metropolitan City civil defense consultative council or Do civil defense consultative council (hereinafter referred to as "City/Do council") shall be established under the jurisdiction of the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor or the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor"); a Si civil defense consultative council, Gun civil defense consultative council or Gu civil defense consultative council (hereinafter referred to as "Si/Gun/Gu council") shall be established under the jurisdiction of the head of a Si/Gun/Gu; and an Eup civil defense consultative council, Myeon civil defense consultative council or Dong civil defense consultative council (hereinafter referred to as "Eup/Myeon/Dong council") shall be respectively established under the jurisdiction of the head of an Eup/Myeon/Dong. <Amended on Feb. 22, 2012>
(2) The establishment, organization, operation, and other activities of the regional civil defense consultative councils shall be prescribed by Decree of the Ministry of the Interior and Safety. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
Article 8(Overall control and executive organization) #
(1) The Prime Minister, assisted by the Minister of the Interior and Safety, shall exercise overall control over and coordinate civil defense activities and operations. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(2) The head of a central government agency shall perform his or her duties regarding civil defense activities and operations, as stipulated in the Government Organization Act.
Article 9(Cooperation) #
(1) In the event of a civil defense emergency, the head of each central government agency may request the mobilization of a civil defense unit from the Minister of the Interior and Safety, where deemed necessary; provided, where a pressing need arises, the head of a local administrative agency or the commander of a military unit responsible for the area may request the Mayor/Do Governor, or the head of a Si/Gun/Gu with jurisdiction over the area, to mobilize a civil defense unit. <Amended on Nov. 19, 2014; Jul. 26, 2017>
(2) The Minister of the Interior and Safety, where deemed necessary, may request the head of a competent central government agency to cooperate in the execution of civil defense activities and operations, and the head of the competent central government agency shall comply with such request in the absence of special circumstances to the contrary. <Amended on Nov. 19, 2014; Jul. 26, 2017>
(3) The Minister of the Interior and Safety may request the cooperation of the heads of public organizations, social organizations, or private enterprises (hereinafter referred to as "public organizations, etc.") where deemed necessary for the execution of civil defense activities and operations, and the heads of public organizations shall comply therewith in the absence of special circumstances to the contrary. <Amended on Nov. 19, 2014; Jul. 26, 2017>
(4) The Mayor/Do Governor or the head of a Si/Gun/Gu may request cooperation of the head of a local administrative agency or public organization where deemed necessary for the execution of civil defense activities and operations, and the head of a district administrative agency or public organization shall comply therewith except under special circumstances. The same shall also apply where such requests are made by the head of a local administrative agency or public organization to a Mayor/Do Governor or the head of a Si/Gun/Gu.
Article 10(Types of civil defense plans) #
Civil defense plans shall be divided into a master plan, an action plan, plans prepared by the Special Metropolitan City, Metropolitan Cities, and Dos (hereinafter referred to as "City/Do plan"), and a Si/Gun/Gu plan.
Article 11(Master plans) #
(1) The Prime Minister shall establish guidelines for a master plan and shall inform them to the head of a central government agency, as prescribed by Presidential Decree.
(2) The heads of the related central government agencies shall draw up draft master plans for civil defense affairs for which they are responsible based on the guidelines for a master plan referred to in paragraph (1), and submit them to the Prime Minister after consultation with the Minister of the Interior and Safety. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(3) The Prime Minister shall compile the draft master plans submitted by the heads of the central government agencies under paragraph (2) into a master plan after undergoing deliberation by the Central Civil Defense Consultative Council, and finalize it upon obtaining approval from the President after deliberation at the State Council.
(4) The Prime Minister shall inform the heads of the relevant central government agencies of the finalized master plan.
Article 12(Action plans) #
(1) The head of a central government agency shall establish an action plan for the civil defense affairs under his or her jurisdiction, based on the master plan notified by the Prime Minister under Article 11 (4), and finalize it upon obtaining approval from the Prime Minister after consultation with the Minister of the Interior and Safety. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Dec. 20, 2016; Jul. 26, 2017>
(2) The head of a central government agency shall notify a finalized action plan to the Mayors/Do Governors, the heads of local administrative agencies, the heads of public organizations, the heads of social organizations or managers of important facilities specified in the civil defense plans under Article 10 (hereinafter referred to as "head of a designated administrative agency") prescribed by Presidential Decree. <Amended on Feb. 22, 2012>
(3) The head of the designated administrative agency shall prepare a detailed action plan in line with the executive plan notified under paragraph (2) and finalize it upon obtaining approval from the head of the relevant central government agency after consultation with the relevant Mayor/Do Governor. <Amended on Dec. 20, 2016>
Article 13(City/Do plans) #
(1) A Mayor/Do Governor shall prepare a City/Do plan for the civil defense affairs under his or her jurisdiction based on the action plan notified by the Prime Minister under Article 12 (2), finalize the City/Do plan after deliberation by the City/Do council, and report it to the Minister of the Interior and Safety. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Dec. 20, 2016; Jul. 26, 2017>
(2) The Mayor/Do Governor shall inform the head of a Si/Gun/Gu of the finalized City/Do plan.
Article 14(Si/Gun/Gu plans) #
The head of a Si/Gun/Gu shall prepare a Si/Gun/Gu plan on civil defense affairs under his or her jurisdiction based on the City/Do plan notified under Article 13 (2), finalize the Si/Gun/Gu plan after deliberation by the Si/Gun/Gu council, and report the same to the Mayor/Do Governor. <Amended on Dec. 20, 2016>
Article 15(Preparations for civil defense) #
(1) The heads of central government agencies, Mayors/Do Governors, and the heads of Sis/Guns/Gus shall make the following preparations for civil defense in accordance with the civil defense plans under Article 10:
1. Installing emergency shelters, such as dugouts;
2. Stocking and maintaining fire-fighting and air-defense equipment;
3. Stockpiling materials, and installing and maintaining facilities and equipment, as prescribed by Presidential Decree.
(2) The heads of central government agencies, Mayors/Do Governors, and the heads of Sis/Guns/Gus may order the owners, occupants, and managers of the following buildings or facilities, other than detached houses used for residence, to make preparations for civil defense under paragraph (1): <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Jan. 29, 2020; Nov. 30, 3021>
1. Buildings with basements as defined in Article 2 (1) 5 of the Building Act;
2. Buildings or structures in which fire-fighting facilities must be installed, or maintained and managed pursuant to Article 12 of the Act on Installation and Management of Firefighting Systems and Article 18 of the Act on Fire Prevention and Safety Control;
3. Other buildings or structures prescribed by Decree of the Ministry of the Interior and Safety in order to stock and maintain civil defense equipment.
(3) The heads of central government agencies, Mayors/Do Governors, and the heads of Sis/Guns/Gus shall take necessary measures so that residents can know the locations of, and methods for utilizing, the facilities, equipment, or materials referred to in paragraphs (1) and (2). The heads of Sis/Guns/Gus installing the facilities referred to in paragraph (1) 1 shall install or attach guiding signs and leading signs, as prescribed by Presidential Decree. <Amended on Jul. 20, 2015>
[This Article Wholly Amended on Feb. 22, 2012]
Article 15-2(Examinations) #
(1) The heads of Sis/Guns/Gus shall periodically examine the facilities, equipment, or materials referred to in Article 15 (1) and (2) and report thereon to Mayors/Do Governors, and the Mayors/Do Governors shall compile and report such to the Minister of the Interior and Safety. <Amended on Nov. 19, 2014; Jul. 26, 2017>
(2) The Minister of the Interior and Safety may fully or partially subsidize the maintenance, replacement, etc. of facilities, equipment, etc. deemed to require maintenance or replacement upon examination conducted under paragraph (1), as prescribed by Presidential Decree. <Amended on Nov. 19, 2014; Jul. 26, 2017>
(3) The Minister of the Interior and Safety shall determine the frequency of and methods for examinations and the procedures for reporting as referred to in paragraph (1) and notify the Mayors/Do Governors and the heads of Sis/Guns/Gus thereof. <Amended on Nov. 19, 2014; Jul. 26, 2017>
[This Article Added on Feb. 22, 2012]
Article 16(Entry and confirmation) #
(1) The head of a Si/Gun/Gu may require interested persons to submit data or require public officials under his or her control to enter relevant areas for confirmation or to ask questions to the interested persons, where deemed necessary for the confirmation of civil defense preparations under Article 15 (2). <Amended on Feb. 22, 2012>
(2) An official who conducts the duties under paragraph (1) shall carry an identification indicating his or her authority and present it to the relevant persons.
Article 17(Establishment) #
In order to conduct civil defense activities and operations, a civil defense unit shall be established for each region and workplace.
Article 18(Organization) #
(1) A civil defense unit shall be composed of Korean male citizens from January 1 of the year in which they turn 20 years old until December 31 of the year in which they turn 40 years old; provided, any of the following persons shall be excluded herefrom: <Amended on Feb. 22, 2012; Jun. 4, 2013; May 29, 2016; Dec. 31, 2019>
1. Deleted; <Dec. 20, 2016>
2. Deleted; <Dec. 20, 2016>
3. Deleted; <Dec. 20, 2016>
4. Police officers;
5. Firefighting officers;
6. Correctional officers;
7. Public officials on juvenile protection posts;
8. Military personnel;
9. Civilian military employees;
10. Members of the Reserve Forces;
11. Lighthouse keepers;
12. Registered security guards;
13. Members of volunteer fire-fighting brigade;
14. Employees of foreign armed forces in Korea;
15. Crew members of ocean-going fishing or cargo vessels, who are on board for at least six months per year;
16. Teachers working in islands and remote areas defined in Article 2 of the Act on the Promotion of Education in Islands and Remote Areas;
17. Persons subject to mandatory military service (including persons subject to social service instead of military service);
17-2. Alternative service (excluding a person who has completed call-up for alternative service of the reserve forces);
18. Other persons prescribed by Presidential Decree from among the following:
(a) Students;
(b) Trainees of public vocational capability development training;
(c) Mentally and physically disabled persons;
(d) Chronically weak persons.
(2) Males and females, other than those stipulated in paragraph (1), may become volunteer members of civil defense units. <Amended on Feb. 22, 2012>
Article 19(Formation) #
(1) A civil defense unit shall be formed into a local civil defense unit consisting of the residents in an area and a workplace civil defense unit manned with the employees of a workplace; provided, a small unit prescribed by the Presidential Decree may be integrated with other units.
(2) A local civil defense unit referred to in paragraph (1) shall be divided into a Tong/Ri civil defense unit in a Tong/Ri area and a Si/Gun/Gu civil defense technical support unit in a Si/Gun/Gu area (hereinafter referred to as "civil defense technical support unit").
(3) A Tong/Ri civil defense unit shall be manned with members of a civil defense unit residing in the relevant Tong and Ri, as stipulated in Article 18, and a civil defense technical support unit shall be manned with specialists selected by the head of a Si/Gun/Gu from among such skilled personnel as flood-disaster fighting specialists, air-defense specialists, medical specialists, electricians, communication-technicians, civil and construction engineers, and CBR (chemical, biological and radiological) specialists upon recommendation by the head of an Eup/Myeon/Dong and the commander of the workplace civil defense unit.
(4) The following establishments shall organize a workplace civil defense unit:
1. National and local government agencies prescribed by the Presidential Decree;
2. Public institutions and enterprises prescribed by the Presidential Decree.
(5) A person shall not serve as a member of the Tong/Ri civil defense unit, civil defense technical support unit, or workplace civil defense unit at the same time.
(6) The head of a Tong/Ri shall become the commander of the civil defense unit for the Tong/Ri, and the head of a Si/Gun/Gu shall serve as the commander of a civil defense technical support unit; provided, where the commander of a Tong/Ri civil defense unit is judged to be unable to exercise control over a civil defense emergency due to the advanced age of 65 years or more, physical or mental weakness, etc., a person appointed by the head of an Eup/Myeon/Dong may serve as the commander of the Tong/Ri civil defense unit. <Amended on Jan. 7, 2014>
(7) The head of a workplace shall become the commander of the workplace civil defense unit; provided, the head of a workplace may designate the head of a department having overall authority over civil defense duties within the workplace as the commander of the workplace civil defense unit. <Added on Jan. 7, 2014>
(8) In a case falling under paragraphs (6) and (7), the head of a Tong/Ri and the head of a Si/Gun/Gu, the head of a workplace, or the person appointed by the head of a workplace may become the commander of the respective civil defense unit automatically, even if he or she is a member of the reserve force notwithstanding the proviso to the part other than the subparagraphs of Article 18 (1). In such cases, the commander of a civil defense unit, who is also a member of the reserve force, shall be exempt from the obligations of mobilization and training pursuant to Articles 5 and 6 of the Reserve Forces Act. <Amended on Jan. 7, 2014; May 29, 2016>
Article 20(Formation procedures) #
(1) The head of an Eup/Myeon/Dong or the commander of a workplace civil defense unit shall, ex officio, organize a civil defense unit for persons falling under Article 18 (1) based on resident registration cards or other documents which verify that they are subject to be organized into a civil defense unit, as prescribed by Presidential Decree; provided, those for whom a reason exempting them from a civil defense unit arises and those for whom the reason has ceased to exist shall report such fact to the head of an Eup/Myeon/Dong governing their residences or the commander of the workplace civil defense unit.
(2) Where any one of his or her civil defense members retires from work or any person is newly incorporated into the workplace defense unit, the commander of the workplace defense unit shall report the fact to the head of an Eup/Myeon/Dong.
(3) The head of an Eup/Myeon/Dong shall notify the results of the formation of a civil defense unit under paragraph (1) and the matters reported under paragraph (2) to the commander of a Tong/Ri civil defense unit.
(4) Where the commander of the workplace civil defense unit organizes, dissolves, relocates his or her unit, or changes the title thereof, he or she shall report thereon to the head of a competent Si/Gun/Gu without delay, as prescribed by Decree of the Ministry of the Interior and Safety. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(5) The head of a workplace which has employed those who are exempt from the civil defense obligation under the proviso to Article 18 (1) shall report the acquisition or loss of their status to the head of a competent Eup/Myeon/Dong having jurisdiction over the legal residence of the relevant persons, as prescribed by Decree of the Ministry of the Interior and Safety. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
(6) Upon selection of the members of a civil defense technical support unit pursuant to the Article 19 (3), the head of a Si/Gun/Gu shall notify, without delay, the fact to the head of a competent Eup/Myeon/Dong and the commander of the workplace civil defense unit.
(7) The head of an Eup/Myeon/Dong or the commander of a workplace civil defense unit shall organize a civil defense unit every year and then shall notify his or her civil defense unit members of the fact that they are organized into the civil defense unit, the group they belong to, and their missions.
Article 21(Command and supervision of civil defense units) #
(1) A civil defense unit shall be commanded by the commander of the competent civil defense unit.
(2) The head of an Eup/Myeon/Dong shall command and supervise the commanders of Tong/Ri civil defense units under his or her jurisdiction, and the head of a Si/Gun/Gu shall command and supervise the commanders of the workplace civil defense units under his or her jurisdiction, respectively; provided, where a combined civil defense unit is formed under Article 19 (9) and where a civil defense emergency occurs or is likely to occur, the commander of the combined civil defense unit shall lead those civil defense unit commanders under his or her jurisdiction as ordered by the head of an Eup/Myeon/Dong or the head of a Si/Gun/Gu. <Amended on Jan. 7, 2014>
(3) In operating the civil defense units, the head of a Si/Gun/Gu shall command and supervise the heads of Eups/Myeons/Dongs, the Mayors/Do Governors shall command and supervise the heads of Sis/Guns/Gus, and the Minister of the Interior and Safety shall command and supervise Mayors/Do Governors, respectively. <Amended on Nov. 19, 2014; Jul. 26, 2017>
Article 22(Inspections) #
The Minister of the Interior and Safety, Mayor/Do Governor or the head of a Si/Gun/Gu may perform an inspection on the current status of the formation of civil defense units, of education and training, and of facilities and equipment, etc. for the improvement and development of the operations of civil defense units, as prescribed by the Presidential Decree. <Amended on Nov. 19, 2014; Jul. 26, 2017>
Article 23(Education and training for civil defense unit members) #
(1) The members of civil defense units, as prescribed by the Presidential Decree, shall complete necessary education and training on civil defense activities and operations for up to 50 hours during a period of 10 days per annum. In such cases, the education and training period for cadre members, technicians, and skilled manpower (hereinafter referred to as "cadre members of civil defense units") may be extended and the education and training for them may be conducted at other education and training sites where deemed necessary.
(2) Any person ordered to undergo education and training shall comply with such order, and any member of a civil defense unit called up for education and training shall, during the education and training period, obey all orders regarding education and training from the commander of the civil defense unit and the training officer.
(3) Any of the following persons may be exempt from education and training as prescribed by Presidential Decree, even though he or she is subject to education and training referred to in paragraph (1): <Amended on Nov. 19, 2014; Jul. 26, 2017>
1. Anyone who is under the execution of imprisonment without labor or a heavier punishment declared by a court;
2. Anyone who is traveling or sojourning in a foreign country for at least three months;
3. If a disaster occurs or is likely to occur, anyone involved in the prevention of such disaster, emergency countermeasure, or recovery, as designated by the Minister of the Interior and Safety;
4. Anyone having a special function of medical treatment, electricity, communications, or other functions related to civil defense, as designated by the Minister of the Interior and Safety; provided, he or she shall be exempt only from education and training for such special function;
5. Anyone for whom education and training under paragraph (4) are deferred and the reasons for such deferment remain until the lapse of the relevant education and training period.
(4) Article 26 (3) shall apply mutatis mutandis to the education and training referred to in paragraph (1).
(5) The Minister of the Interior and Safety and a Mayor/Do Governor may separately establish an education and training organization necessary for the conduct of education and training for cadre members of the civil defense units. <Amended on Nov. 19, 2014; Jul. 26, 2017>
(6) The education and training as referred to in paragraph (1) shall not be conducted during election periods for the President, members of the National Assembly, local council members, and the heads of local governments.
Article 23-2(Safety education against national disasters) #
(1) The Minister of the Interior and Safety shall provide education on the prevention of, preparation for, and countermeasures against disasters (hereafter referred to as "safety education against national disasters" in this Article), as prescribed by Decree of the Ministry of the Interior and Safety, when providing members of a civil defense unit with education and training pursuant to Article 23 (1). <Amended on Jul. 26, 2017>
(2) When a resident who is not a member of a civil defense unit intends to receive safety education against national disasters, the Minister of the Interior and Safety may provide such education, as prescribed by Decree of the Ministry of the Interior and Safety. <Amended on Jul. 26, 2017>
[This Article Added on Jul. 20, 2015]
Article 24(Delivery of notice of education and training) #
(1) In order to conduct education and training for members of a civil defense unit, a notice of education and training shall be delivered to each member of the civil defense unit directly, by registered mail, or in an electronic form under Article 2 (1) 5 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. after obtaining consent thereto from the member of the civil defense unit.
(2) In delivering a notice of education and training directly to a member of a civil defense unit pursuant to paragraph (1), where the member of the civil defense unit is absent, such notice of education and training shall be delivered to the head of the household, to an adult from among the family members, or to a person designated by the member of the civil defense unit to receive the notice of education and training (when delivering the notice to the person so designated, consent to the receipt thereof shall be obtained from the person before delivery) in case of a local civil defense unit; and in case of a workplace civil defense unit, a notice of education and training shall be delivered to the head of the workplace. In such cases, the person who has received a notice of education and training on behalf of a member of the civil defense unit shall immediately deliver it to the member.
(3) Methods for delivering a notice of education and training, procedures for obtaining consent under paragraphs (1) and (2), and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Apr. 18, 2017]
Article 25(Civil defense training) #
(1) The Minister of the Interior and Safety may designate the 15th day of each month as a civil defense day and conduct civil defense training for citizens to acquire the ability to cope with civil defense emergencies, and may coordinate training schedules or determine whether to conduct training, or conduct additional training, if deemed necessary. <Amended on Nov. 19, 2014; Jul. 26, 2017>
(2) Residents shall participate in the civil defense training referred to in paragraph (1), and the heads of central government agencies, Mayors/Do Governors, and the heads of Sis/Guns/Gus may grant subsidies to public organizations, etc. participating in the training where deemed necessary.
[This Article Wholly Amended on Feb. 22, 2012]
Article 26(Mobilization) #
(1) Where a civil defense emergency occurs or is likely to occur and where such mobilization is deemed necessary for civil defense, the Minister of the Interior and Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu may order mobilization of a civil defense unit as prescribed by the Presidential Decree. In such cases, the Mayor/Do Governor, or the head of a Si/Gun/Gu shall report the fact to the Minister of the Interior and Safety without delay. <Amended on Nov. 19, 2014; Jul. 26, 2017>
(2) The head of an Eup/Myeon/Dong may order mobilization of a civil defense unit as prescribed by the Presidential Decree in cases specified in Article 32 (1). In such cases, the authorities issuing such order shall report the fact to the head of a Si/Gun/Gu without delay.
(3) In cases falling under paragraphs (1) and (2), the authorities issuing a mobilization order may postpone the mobilization, either ex officio or upon application, if a person falls under any of the following cases:
1. If a person is physically handicapped;
2. The ceremony of coming-of-age, marriage, funeral, or ancestor worship, disasters, or other unavoidable reasons.
(4) The members of a civil defense unit mobilized pursuant to the paragraphs (1) and (2) shall obey all lawful orders of the commander of the civil defense unit in connection with the performance of civil defense activities and operations.
(5) When the members of a civil defense unit are mobilized pursuant to paragraphs (1) and (2) and the cause of such mobilization ceases to exist, the authorities issuing a mobilization order shall lift the order without delay.
Article 27(Guarantee of employment) #
Where an employee is mobilized as a member of a civil defense unit or called up for civil defense education and training, his or her employer shall neither regard this period as a period of absence from work nor render any disadvantages to the employee on these accounts.
Article 28(Compensation for accidents) #
(1) Where any person is wounded or killed (including where he or she is killed as a result of injury) while carrying out his or her duty and mission after being mobilized as a member of a civil defense unit or while undergoing education and training upon receipt of a written notification therefor, disaster compensation shall be paid, and where he or she cannot engage in his or her work due to medical care under Article 29, a compensation for suspension of work shall be paid during the period; provided, a person who is paid any compensation of the same kind at the cost of the State or a local government pursuant to other statutes or regulations shall not be paid the amount equivalent to such compensation.
(2) The compensation referred to in paragraph (1) shall be borne by the State or a local government.
(3) The amount of the compensation and matters necessary for the payment thereof, etc. under paragraphs (1) and (2) shall be prescribed by the Presidential Decree.
Article 29(Compensation and medical care) #
As prescribed by Presidential Decree, a person wounded while performing his or her mission as a member of a civil defense unit or while undergoing education and training upon receipt of a notice of education and training, and a family member of a person killed in any of the aforementioned cases (including where he dies of any injury) shall be provided with compensation or medical care under the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State or the Act on Support for Persons Eligible for Veteran’s Compensation. <Amended on Sep. 15, 2011>
Article 30(Indemnification for actual expenses) #
(1) The members of a civil defense unit receiving education and training at other civil defense education and training sites shall be provided with meals or be reimbursed for other actual expenses, under the latter part of Article 23 (1), as prescribed by Presidential Decree.
(2) The members of a civil defense unit mobilized pursuant to Article 26 (1) or (2) may be provided with meals or be reimbursed for other actual expenses, as prescribed by Presidential Decree. The same shall also apply where the members of a civil defense unit, though not mobilized, participate in settling a civil defense emergency and carry out their assigned duties in accordance with the procedures and methods prescribed by Presidential Decree.
(3) Where the members of civil defense units mobilized pursuant to Article 26 (1) or (2) use machinery, such as heavy equipment and implements, for such mobilization, the fees for the use thereof may be paid, as prescribed by Presidential Decree. <Added on Feb. 22, 2012>
[Title Amended on Dec. 22, 2012]
Article 31(Prohibition of political activities) #
(1) The commander of a civil defense unit shall not take advantage of his or her position and shall neither require the members of his or her unit to carry out any duties and missions other than those specified in this Act nor shall he or she prevent the members of his or her unit from exercising their rights.
(2) The civil defense unit as an organized body shall not be involved in any political activities.
Article 32(Emergency response and compensation) #
(1) As prescribed by Presidential Decree, the Minister of the Interior and Safety, a Mayor/Do Governor, or the head of a Si/Gun/Gu may take any of the following actions in order to cope with any urgent situation which requires emergency response for civil defense within necessary limits, where a civil defense emergency occurs or is highly likely to occur; provided, if there is not sufficient time to order emergency measures, he or she may take necessary measures by himself or herself, and if the orders of emergency measures are not observed, they may be executed by proxy pursuant to Article 3 (3) of the Administrative Vicarious Execution Act: <Amended on Nov. 19, 2014; Jul. 26, 2017>
1. Issuance of an order of evacuation of residents, restriction or prohibition on the passage of people and animals through main roads, movement of people and cargoes by train, tractor, vehicles, and other means of transportation as well as the restriction and prohibition on sound and light;
2. Issuance of an order to an owner, manager, and entrepreneur, for improvement, relocation, decentralization, dispersal, or conversion of those installations and objects which impede civil defense activities and operations;
3. Issuance of an order of prohibition and restriction on business or other activities which are impedimental to civil defense, or issuance of an order of continuation or resumption of business or other activities which are essential to civil defense;
4. Issuance of an order of temporary use of plots of land, buildings, structures, facilities, equipment, and other goods of a third party, or issuing an order of, or taking an action of, alteration and removal of objects which are impedimental to the performance of the duties and missions of a civil defense unit.
(2) Any person who sustains losses and damage to his or her property as a consequence of the measures in paragraph (1) 2 through 4 may claim compensation against the administrative agency which issued such disposition.
(3) In compensating for the losses referred to in paragraph (2), the head of the administrative agency which has imposed such disposition shall consult the person who has sustained the losses.
(4) Where an agreement on compensation referred to in paragraph (3) is not reached, an application for adjudication may be filed with the competent land expropriation commission referred to in Article 51 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.
(5) Such matters as the methods for, procedures of emergency measures and compensation, etc. for resulting losses under paragraphs (1) through (3) shall be prescribed by Presidential Decree.
Article 32-2(Settlement and recovery) #
In the event of a civil defense emergency, the Minister of the Interior and Safety, Mayors/Do Governors or the heads of Sis/Guns/Gus shall take the following measures, as prescribed by Presidential Decree: <Amended on Nov. 19, 2014; Jul. 26, 2017>
1. Rescue of human lives;
2. Fire-fighting, flood control, and other emergency measures;
3. Emergency recovery of damaged facilities, and prevention of epidemics and crimes;
4. Supply of temporary residential facilities and daily necessities, and other relief measures;
5. Other matters deliberated on and determined by the Central Civil Defense Consultative Council and regional civil defense consultative councils with regard to settlement and recovery.
[This Article Added on Feb. 22, 2012]
Article 32-3(Support for damage) #
(1) The State or a local government may support all or part of the necessary damages to persons who have suffered damage to life, body or property due to a civil defense situation falling under subparagraph 1 (b) of Article 2, (limited to peacetime) or due to a direct hazard act by the enemy that does not result in a civil defense situation, as prescribed by Presidential Decree.
(2) Matters necessary for the criteria, procedures for, methods, etc. of support for damage to life, body, or property under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Added on Dec. 3, 2024]
Article 33(Civil defense warnings) #
(1) Where a civil defense emergency occurs or is likely to occur, or a civil defense training is conducted, the Minister of the Interior and Safety, Mayors/Do Governors, the heads of Sis/Guns/Gus, the heads of Eups/Myeons/Dongs in border areas referred to in the Special Act on Support for Border Area, or those prescribed by Presidential Decree may issue a warning, as prescribed by Presidential Decree. <Amended on Feb. 22, 2012; Nov. 19, 2014; Jul. 26, 2017; Dec. 22, 2020>
(2) The Minister of the Interior and Safety and Mayors/Do Governors shall establish and operate civil defense warning control stations for the expeditious issuance and spread of warnings. <Added on Feb. 22, 2012; Nov. 19, 2014; Jul. 26, 2017>
(3) When a civil defense warning is issued pursuant to paragraph (1), the managing entity of transportation facilities under Article 2 (2) 8 of the Building Act, a superstore under subparagraph 3 of Article 2 of the Distribution Industry Development Act, and a movie theater under subparagraph 10 of Article 2 of the Promotion of the Motion Pictures and Video Products Act shall promptly spread the civil defense warning inside the relevant building. <Added on Jan. 27, 2016>
(4) Each managing entity of a building subject to a civil defense warning referred to in paragraph (3) shall install civil defense warning terminal equipment pursuant to Article 33-2 to spread civil defense warnings. <Added on Dec. 22, 2020>
(5) The subjects of a civil defense warning under paragraph (3), from among transportation facilities, superstores, and movie theaters, and other necessary matters shall be prescribed by Presidential Decree. <Added on Jan. 27, 2016; Dec. 22, 2020>
Article 33-2(Certification of civil defense warning terminal equipment) #
(1) The Minister of the Interior and Safety may formulate, publicly notify, apply, and certify the standards and technical standards to ensure the reliability, and improve the quality of, civil defense warning terminal equipment.
(2) The Minister of the Interior and Safety may designate and operate a certification institution to certify that civil defense warning terminal equipment meets the standards and technical standards under paragraph (1).
(3) Where any product certified pursuant to paragraph (1) falls under the following cases, the Minister of the Interior and Safety may revoke the certification; provided, the certification shall be revoked in cases falling under subparagraph 1:
1. Where it was certified by fraud or other improper means;
2. Where the standards or technical standards referred to in paragraph (1) are not complied with according to the results of inspection on products on the market, etc.;
(4) If a certification institution referred to in paragraph (2) falls under the following subparagraphs, the Minister of the Interior and Safety may revoke designation; provided, the designation shall be revoked in cases falling under subparagraph 1:
1. Where it has obtained the designation by fraud or other improper means;
2. Where it certifies products that fail to meet the standards or technical standards referred to in paragraph (1) by intent or gross negligence;
3. Where it refuses to perform certification affairs without good cause;
4. Where the institution has engaged in improper conduct in performing certification affairs.
(5) Where a person who intends to manufacture or supply civil defense warning terminal equipment intends to obtain certification pursuant to paragraph (1), he or she shall pay fees prescribed by the Minister of the Interior and Safety to a certification institution.
(6) The Minister of the Interior and Safety may, within the budget, reimburse the certification institutions designated in accordance with paragraph (2) for all or some of the expenses incurred in performing certification affairs.
(7) Matters necessary for procedures, methods, etc. for certifying civil defense warning terminal equipment under paragraphs (1) shall be prescribed by Presidential Decree.
Article 34(Delegation of authority) #
The head of a central government agency may delegate part of his or her authority as defined in this Act to a Mayor/Do Governor and the head of a local administrative agency under his or her control as prescribed by Presidential Decree. The Mayor/Do Governor and head of the local administrative agency may re-delegate their entrusted authority to the head of a Si/Gun/Gu, and the head of a local administrative agency under their respective jurisdictions; provided, where the Mayor/Do Governor and head of a local administrative agency may re-delegate their entrusted authority, they shall report such fact to the head of the respective central government agency without delay.
Article 35(Penalty provisions) #
Any of the following persons shall be punished by imprisonment with labor for up to two years, or by a fine not exceeding 20 million won, or by misdemeanor imprisonment: <Amended on Jul. 20, 2015>
1. Any person who requires his or her members to perform operations other than the prescribed duties or hinders his or her members from exercising their rights in violation of Article 31 (1);
2. Any person who engages in political activities in violation of Article 31 (2).
Article 36(Penalty provisions) #
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, or by misdemeanor imprisonment: <Amended on Feb. 22, 2012; Jul. 20, 2015>
1. Any person who fails to comply with a mobilization order issued under Article 26 (1) and (2) without any justifiable ground, where a situation falling under subparagraph 1 (a) of Article 2 occurs or is likely to occur;
2. Any person who fails to comply with an order issued under Article 26 (4), without any justifiable ground, where a situation falling under subparagraph 1 (a) of Article 2 occurs or is likely to occur;
3. Any person who renders disadvantages, in violation of Article 27.
Article 37(Penalty provisions) #
Any of the following persons shall be punished by imprisonment with labor for up to six months, or by a fine not exceeding five million won, or by misdemeanor imprisonment: <Amended on Feb. 22, 2012; Jan. 29, 2020>
1. Any person who fails to comply with an order to prepare for civil defense issued under Article 15 (2) without any justifiable ground;
2. Any person who fails to report as prescribed in Article 20 without any justifiable ground, where a situation falling under subparagraph 1 (a) of Article 2 occurs or is likely to occur;
3. Any person who fails to comply with or interferes with an order or measure referred to in any subparagraph of Article 32 (1) without any justifiable ground.
Article 38(Penalty provisions) #
Where a situation falling under subparagraph 1 (a) of Article 2 occurs or is likely to occur, any person who violates Article 23 (2) or the latter part of Article 24 (2) without good cause shall be punished by a fine not exceeding 300,000 won or misdemeanor imprisonment. <Amended on Feb. 22, 2012; Apr. 18, 2017>
Article 39(Administrative fines) #
(1) Any of the following persons shall be subject to an administrative fine not exceeding 300,000 won; provided, this shall not apply to cases falling under subparagraph 1 or 2 of Article 36, subparagraph 2 of Article 37, or Article 38: <Amended on Jul. 20, 2015; Apr. 18, 2017>
1. Any person who violates or removes guiding signs or leading signs referred to in the latter part of Article 15 (3), without good cause;
2. Any person who fails to report under the proviso to Article 20 (1), Article 20 (2), (4), or (5) without justifiable grounds (excluding those whose grounds for exclusion from the organization of civil defense unit pursuant to the proviso to Article 20 (1) have arisen);
3. Any person who violates Article 23 (2) or the latter part of Article 24 (2) without justifiable grounds;
4. Any person who fails to comply with a mobilization order issued under Article 26 (1) and (2), and who fails to comply with an order issued under Article 26 (4) without justifiable grounds.
(2) An administrative fine referred to in paragraph (1) shall be imposed and collected by the head of a Si/Gun/Gu, as prescribed by Presidential Decree.
(3) Deleted. <Feb. 22, 2012>
(4) Deleted. <Feb. 22, 2012>
(5) Deleted. <Feb. 22, 2012>