ENFORCEMENT DECREE OF THE DISASTER CONTROL ACT

Article 1(Purpose) #

The purpose of this Decree is to prescribe matters delegated by the Disaster Management Act (hereinafter referred to as the “Act”) and those necessary for the enforcement thereof.

Article 2(Category of Local Administrative Agencies, etc.) #

(1) The term “local administrative agency, public institution, and public organization as prescribed by the Presidential Decree” in subparagraph 6 of Article 2 of the Act means the following agencies and organizations: <Amended by Presidential Decree No. 16185, Mar. 17, 1999; Presidential Decree No. 17302, Jul. 14, 2001; Presidential Decree No. 17538, Mar. 2, 2002; Presidential Decree No. 17698, Aug. 8, 2002; Presidential Decree No. 18147, Nov. 29, 2003>

1. Overseas diplomatic and consular missions;

2. Offices of Education of Special Metropolitan City, Metropolitan Cities or Dos (hereinafter referred to as “City/ Do”);

3. National Animal Quarantine Service;

4. National Plant Quarantine Service;

5. Local forest services;

6. Communications offices;

7. Basin Environmental Offices or Regional Environmental Offices;

8. National Quarantine Station;

9. Regional labor administration offices;

10. Regional construction management offices;

11. Regional aviation offices;

12. Regional railroad offices;

13. Regional maritime affairs and fisheries offices;

14. Korea Broadcasting System;

15. Korea Electric Power Corporation;

16. Korea Electrical Safety Corporation;

17. Korea Gas Corporation;

18. Korea Gas Safety Corporation;

19. Korea Telecommunication Corporation;

20. Korea Water Resources Corporation;

21. Korea Highway Corporation;

22. Subway Corporation and Rapid Transit Corporation;

23. Korea Airports Corporation;

24. Busan Urban Transit Authority;

25. Korea Atomic Energy Research Institute;

26. Korea Institute of Nuclear Safety;

27. Korea Industrial Complex Corporation;

28. Port Authority under the Port Authority Act; and

29. Agencies and organizations designated as disaster management agencies by the chairman of the central safety support committee (hereinafter referred to as the “central committee”) referred to in Article 7 (1) of the Act.

(2) The term “important facilities which need disaster management” in subparagraph 6 of Article 2 of the Act means atomic power plants. <Amended by Presidential Decree No. 16185, Mar. 17, 1999>

Article 3(Category of Emergency Rescue and Relief Agencies) #

The emergency rescue and relief agencies as provided for in subparagraph 7 of Article 2 of the Act shall be as follows: <Amended by Presidential Decree No. 16185, Mar. 17, 1999>

1. National 119 Rescue Services;

2. Fire headquarters and fire stations;

3. Local police agencies and police stations;

4. National Maritime Police Agency and maritime police stations;

5. Search and rescue team under Article 31 (1) 2 of the Act and army units designated as an emergency rescue and relief agencies by the Minister of National Defense;

6. General hospitals under Article 3 (3) of the Medical Service Act and the emergency medical institutions designated by the Minister of Health and Welfare under Article 13 of the Emergency Medical Service Act;

7. The Republic of Korea National Red Cross; and

8. Agencies or organizations designated by the Ordinance of the Ministry of Government Administration and Home Affairs which are provided with manpower and equipment necessary for emergency rescue and relief services.

Article 4(Subsidy of National Treasury) #

(1) The kinds of expenses which the State may subsidize to a local government under Article 5 (2) of the Act shall be as follows:

1. Expenses necessary for emergency rescue and relief services;

2. Expenses for medical treatment of the wounded;

3. Relief expenses for victims of disasters expended during the period of disaster assistance; and

4. Expenses necessary for restoration of damaged facilities.

(2) Necessary matters concerning the criteria of the national treasury subsidy for the expenses in the subparagraphs of paragraph (1) shall be determined by the chairman of the central committee through deliberation of the central committee.

Article 5(Chairman of Central Committee) #

(1) The chairman of the central committee shall represent the central committee and preside over meetings of the central committee.

(2) If the chairman cannot perform his duties due to inevitable reasons, a member of the committee, following the order under Article 7 (2) of the Act, shall take his place.

Article 6(Members of Central Committee) #

A person who falls under one of the following subparagraphs shall become a member of the central committee as provided for in Article 7 (2) of the Act:

1. The head of the central administrative agency designated by the chairman of the central committee; and

2. The head of government-invested institutions or governmentcontributed institutions, and persons with knowledge and experience in disaster management who are commissioned by the chairman of the central committee.

Article 7(Operation of Central Committee) #

(1) A meeting of the central committee shall be convened at the request of the chief of the central head office of accident countermeasures (hereinafter referred to as the “chief of central office head”) as provided for in Article 45 (1) of the Act, the chief of a City/Do head office of accident countermeasures as provided for in Article 43 (1) of the Act, or where the chairman of the central committee deems it necessary. <Amended by Presidential Decree No. 16185, Mar. 17, 1999>

(2) A meeting of the central committee shall make a decision with the attendance of a majority of all the members and the affirmative vote of a majority of the members present.

(3) The executive secretary of the central committee may attend a meeting of the central committee and make a statement.

Article 8(Organization of Working Committee in Central Committee) #

(1) The head of the Office of Government Policy Coordination shall be the chairman of the working committee established under the central committee pursuant to Article 7 (4) of the Act, and the following persons shall be members thereof: <Amended by Presidential Decree No. 16185, Mar. 17, 1999>

1. Those who are designated by the head of the central administrative agency concerned among GradeⅠofficials and special service officials equivalent to GradeⅠofficials (including officers equivalent to the Minister in the case of the Ministry of National Defense) who belong to the central administrative agency that is under the jurisdiction of a member of the central committee; and

2. Those who are designated by the head of the agency concerned among the officers of government-invested institutions and governmentcontributed institutions under subparagraph 2 of Article 6.

(2) A meeting of the working committee shall be convened by the chairman of the working committee where he deems it necessary.

(3) A meeting of the working committee shall make a decision with the attendance of a majority of all the members and the affirmative vote of a majority of the members present.

(4) Other necessary matters concerning the organization and operation of the working committee, except those provided for in this Decree, shall be determined by the chairman of the central committee.

Article 9(Allowances of Central Committee) #

Members of the central committee and the working committee who attend any meeting of the central committee or the working committee shall be paid allowances and travel expenses within the limit of the budget: Provided, That this shall not apply where a committee member as a public official attended a meeting in connection with his official duties.

Article 10(Organization of Local Safety Support Committee) #

(1) Members of the City/Do safety support committee (hereinafter referred to as a “City/Do committee”) under Article 9 (1) of the Act shall be as follows:

1. The executive deputy Mayor/Do governor of a City/Do concerned (meaning the first executive deputy mayor in the case of the Special Metropolitan City);

2. Director of the bureau in charge of disaster management, and the chief of the fire headquarters of the City/ Do concerned;

3. The head of the local police agency having jurisdiction over the City/Do concerned;

4. The Local commander of a military unit which has jurisdiction over all or part of the City/Do concerned, designated by the Minister of National Defense;

5. The superintendent of the board of education of the City/Do concerned;

6. The Chief of the maritime police station which has jurisdiction over all or part of the City/Do concerned;

7. Heads of the disaster management agencies (excluding the heads of the central administrative agency and the local government) which have jurisdiction over all or part of the City/Do concerned; and

8. Heads of the agencies and organizations that are related with disaster management and which have jurisdiction over all or part of the City/ Do concerned, or the person commissioned by the chairman of the City/Do committee among those with knowledge and experience in disaster management.

(2) The members of the Si/Gun/Gu safety support committee (hereinafter referred to as a “Si/Gun/Gu committee”) under Article 9 (1) of the Act shall be as follows:

1. The deputy head of Si/Gun/autonomous Gu (hereinafter referred to as the “Si/Gun/ Gu”)

2. The Chief of the fire station having jurisdiction over the Si, Gun, or Gu concerned;

3. The Chief of the police station having jurisdiction over the Si, Gun, or Gu concerned;

4. Those who are designated by the Minister of National Defense among commanders of military units which have jurisdiction over all or part of the Si, Gun, or Gu concerned;

5. The Head of the district education office having jurisdiction over the Si, Gun, or Gu concerned;

6. The Head of the department (the director of the bureau in the case of a bureau) in charge of disaster management of the Si, Gun, or Gu concerned; and

7. Heads of the agencies and organizations that are related with disaster management and which have jurisdiction over all or part of the Si/Gun/Gu concerned, or the person commissioned by the chairman of the Si/Gun/Gu committee among those with knowledge and experience in disaster management.

Article 11(Operation of Local Committees) #

(1) The chairman of the City/Do committee and Si/Gun/Gu committee (hereinafter referred to as the “local committee”) shall represent the committee and shall preside over meetings of the local committee.

(2) Where the chairman of the local committee cannot perform his duties due to inevitable reasons, the person (hereinafter referred to as the “deputy head of the local government”) as provided in Article 10(1) 1 or (2) 1 shall take his place.

(3) A meeting of the local committee shall be convened when the chairman of the local committee deems it necessary.

(4) A meeting of the local committee shall make a decision with the attendance of a majority of all the members and the affirmative vote of a majority of the members present.

Article 12(Organization of Working Committee under Local Committee) #

(1) Pursuant to the provisions of Article 9 (3) of the Act, the deputy head of the local government concerned shall assume the duty of the chairman of the working committee of the local committee, and the members of the working committee shall be as follows:

1. Those who are designated by the head of the agency/organization concerned among the employees of the agencies/organizations to which the members of the local committee belong.

2. Those who are commissioned by the chairman of the local committee.

(2) A meeting of the working committee shall be convened when the chairman of the working committee deems it necessary.

(3) A meeting of the working committee shall make a decision with the attendance of a majority of all the members and the affirmative vote of a majority of the members present.

Article 13(Allowances of Local Committee) #

Members of the local committee and the working committee who attend any meeting of the local committee or the working committee shall be paid allowances and travel expenses within the limit of the budget: Provided, That this shall not apply where a committee member as a public official attends a meeting in connection with his official duties.

Article 14(Provisions on Delegation) #

Other necessary matters concerning the organization and operation of the local committee and its working committee, except those provided for in this Decree, shall be determined by the chairman of the local committee concerned.

Article 15(Establishment of National Disaster Management Plans) #

(1) Pursuant to the provisions of Article 12 (1) of the Act, the Prime Minister shall prepare guidelines to establish a national disaster management plan for the next year by the end of July every year, and inform the heads of the central administrative agencies concerned.

(2) The heads of the central administrative agencies concerned shall establish the disaster management operation programs for the next year under their jurisdiction and submit them, after consultation with the Minister of Government Administration and Home Affairs, to the Prime Minister by the end of August every year. <Amended by Presidential Decree No. 16185, Mar. 17, 1999>

(3) The heads of central administrative agencies under obligation to work out disaster management plans under paragraph (2) shall include overseas disaster management plans in the disaster management plans according to the classification falling under each of the following subparagraphs: <Newly Inserted by Presidential Decree No. 16185, Mar. 17, 1999>

1. The Minister of Unification; Matters concerning the disaster management plans necessary to protect lives and property of citizens of the Republic of Korea who are on visit to North Korea;

2. The Minister of Foreign Affairs and Trade; Matters concerning the disaster management plans necessary to protect lives and property of citizens of the Republic of Korea who are staying or traveling in foreign countries (excluding matters under the jurisdiction of the Ministry of Culture and Tourism and the Ministry of Commerce, Industry and Energy);

3. The Minister of Government Administration and Home Affairs; Matters concerning the disaster management plans necessary to send in rescue teams and work out emergence rescue countermeasures when disasters occur abroad;

4. The Minister of Culture and Tourism; Matters concerning the disaster management plans necessary to protect citizens of the Republic of Korea who are on the sightseeing tour of foreign countries;

5. The Minister of Commerce, Industry and Energy; Matters concerning the disaster management plans to protect corporations of the Republic of Korea which engage in business operations in foreign countries;

6. The Minister of Health and Welfare; Matters necessary to support the funeral and medical services for Korean casualties in overseas disasters;

7. The Minister of Construction and Transportation; Matters concerning disaster management countermeasures necessary to cope with accidents involving commercial aircraft of the Republic of Korea which occur abroad, disaster management countermeasures necessary to cope with disasters in overseas construction sites and transportation measures necessary to airlift bodies of Korean citizens who die in overseas disasters; and

8. The Minister of Marine Affairs and Fisheries; Matters concerning disaster management countermeasures necessary to cope with ships of the Republic of Korea which are met with disasters overseas.

(4) The Prime Minister shall establish the national disaster management plan for the next year by the end of September every year, and inform the heads of the central government agencies concerned.

Article 16(Establishment of City/Do Disaster Management Plan) #

(1) The Minister of Government Administration and Home Affairs shall inform the Special Metropolitan City Mayor, the Metropolitan City Mayors, and the Do governors (hereafter referred to as the “Mayor/Do governor”) of the national disaster management plan for the next year that has been established under the provisions of Article 12 (3) of the Act and the guidelines for the establishment of City/Do disaster management plan under the provisions of Article 13 (1) of the Act by October 15 every year.

<Amended by Presidential Decree No. 16185, Mar. 17, 1999>

(2) The heads of local administrative agencies shall prepare disaster management plans for the next year under their jurisdiction and submit them to the Mayors/Do governors concerned.

(3) The Mayors/Do governors shall establish the City/Do disaster management plans for the next year by November 10 every year, report on them to the Minister of Government Administration and Home Affairs, and notify the heads of the local administrative agencies concerned. <Amended by Presidential Decree No. 16185, Mar. 17, 1999>

Article 17(Si/Gun/Gu Disaster Management Plans) #

(1) The Mayors/Do governors shall inform the heads of Si/Gun/Ku(referring to an autonomous Gu; hereafter this shall apply) of the City/Do disaster management plans established under the provisions of Article 13 (2) of the Act and the guidelines for the establishment of the Si/Gun/Gu disaster management plans under the provisions of Article 14 (1) of the Act by November 20 every year.

(2) Pursuant to the provisions of Article 14 (3) of the Act, the heads of the local administrative agencies shall prepare the disaster management plans under their jurisdiction and submit them to the heads of the Si/Gun/ Gu concerned by December 10 every year.

(3) The heads of Si/Gun/Gu shall establish the Si/Gun/Gu disaster management plans for the next year, report on them to the Mayors/Do governors, and notify the local administrative agencies concerned by the end of December every year.

Article 18(Management over Disaster Situation) #

(1) With regard to the establishment and operation of the general situation management center under the provisions of Article 16 (1) of the Act, the Minister of Government Administration and Home Affairs, the Mayors/Do governors, and the heads of Si/Gun/Gu shall determine and implement other necessary matters, except those determined by this Decree and the Ordinance of the Ministry of Government Administration and Home Affairs. <Amended by Presidential Decree No. 16185, Mar. 17, 1999>

(2) For effective management of disaster situations, the Mayors/Do governors, the chief of the fire headquarters, the heads of the local police agencies, the chiefs of the maritime police stations, the heads of Si/Gun/ Gu, the heads of fire stations, and the chiefs of police stations shall establish a close cooperation system among each agency and make a notification of and disseminate disaster information collected by each agency to the relevant agencies without delay pursuant to Articles 16 (3) and (4) and 17 (2) of the Act.

Article 19(Report on Disaster Situation) #

(1) The report on disaster situation under Article 16 (2) and (3) of the Act shall include the following matters: <Amended by Presidential Decree No. 16185, Mar. 17, 1999>

1. The date, place, and causes of disaster;

2. Specifics on damages caused by disaster;

3. Details of emergency treatments and various measures for assistance during the disaster, the disaster assistance plans, and the current situation in the disaster assistance;

4. The effect of the disaster; and

5. Other matters determined by the minister of the competent ministry (meaning the central administrative agency responsible for exercising overall control and coordination of the disaster concerned under the Government Organization Act and other Acts and subordinate statutes: hereinafter the same shall apply).

(2) The term “matters prescribed by the Presidential Decree” in the latter sentence of Article 16 (2) of the Act means each one of the following subparagraphs: <Amended by Presidential Decree No. 16185, Mar. 17, 1999>

1. Occurrence of large scale disasters under the provisions of Article 43;

2. Occurrence of disasters for which directions and management of the central emergency rescue head office are expected to be necessary;

3. Occurrence of disasters for which field supervision of the head of the City/Do emergency rescue head office are deemed necessary under the provisions of Article 27 (3) of the Act; and

4. Other matters determined by the Minister of Government Administration and Home Affairs.

(3) Reporting time, methods, and other matters necessary for report on the disaster situation other than those prescribed in this Decree or the Ordinance of the Ministry of Government Administration and Home Affairs shall be determined by the chief of the competent authority. <Amended by Presidential Decree No. 16185, Mar. 17, 1999>

Article 19-2(Report on Overseas Disasters) #

The provisions of Article 19 (1) shall mutatis mutandis to the report made by the heads of overseas diplomatic missions under the provisions of Article 16-2 (1) of the Act.

[This Article Newly Inserted by Presidential Decree No. 16185, Mar. 17, 1999]

Article 20(Building of Information Transmission System) #

The head of the administrative agency in charge of managing disasters at each level may ask the heads of other administrative agencies responsible for managing disasters for the linkage, joint ownership and distribution of information to build the information transmission system under Article 18 (1) 1 of the Act.

[This Article Newly Inserted by Presidential Decree No. 16185, Mar. 17, 1999]

Article 20-2(Designation of Facilities and Areas under Hazard) #

(1) Heads of the disaster management agencies at each level shall conduct an overall inspection and occasional inspections every year on the facilities and areas under their jurisdiction which are recognized to have high possibility of disaster and to need continuous management in order to prevent disaster under the provisions of Article 18 (1) 4 of the Act.

(2) Upon the results of inspection under the provisions of paragraph (1), the heads of the disaster management agencies at each level shall classify and designate the facilities and areas under their jurisdiction under the following subparagraphs:

1. Facilities and areas under hazard: facilities and areas with a high possibility of disaster for which urgent repairs and reinforcements are needed; or on which restrictions in utilization and residence are to be imposed; and

2. Intensive-care facilities and intensive-care areas: facilities and areas with dangerous factors in the structure and conditions; or for which continuous management with regard to the capacity and number of population accessing them is deemed necessary in order to prevent disaster.

(3) The heads of the disaster management agencies at each level, when they designate facilities and areas as the facilities and areas under hazard (hereafter referred to as the “facilities under hazard”) or cancel the designations, shall notify their owners, managers or occupants of the fact. In this case, the heads of the disaster management agencies at each level, when designate them or cancel the designations, shall make the fact known to the public. <Amended by Presidential Decree No. 16185, Mar. 17, 1999>

Article 21(Guidelines concerning Designation and Management of Facilities under Hazard and Intensive-care Facilities) #

(1) The head of the relevant central administrative agency (in case of local government, the Minister of Government Administration and Home Affairs is deemed to be the head of the relevant central administrative agency; hereafter the same shall apply) shall establish guidelines concerning designation and management of facilities under hazard and intensive-care facilities under the provisions of Article 20-2, and inform the heads of the disaster management agencies concerned. <Amended by Presidential Decree No. 16185, Mar. 17, 1999>

(2) The guidelines referred to in the provisions of the paragraph (1) shall include the following matters:

1. Scope of facilities and areas to be inspected that are required for designation as facilities under hazard and intensive-care facilities;

2. Inspection methods and designation procedures that are required for designation as facilities under hazard and intensive-care facilities;

3. Criteria to grade the level of danger to the facilities under hazard and intensive-care facilities;

4. Check and management methods for the facilities under hazard and intensive-care facilities.

Article 22(Evaluation on Safety Control System) #

(1) Under the provisions of Article 19 (2) of the Act, the chairman of the central committee shall determine, in advance, the regular evaluation targets, the evaluation methods, and other necessary matters for the evaluation (referred to in this Article as the “operation evaluation of disaster management”) and inform the head of the central administrative agency.

(2) The head of the relevant central administrative agency shall establish guidelines for operation evaluation on disaster management based on the knowledge obtained under the provisions of paragraph (1) and inform the heads of the disaster management agencies under jurisdiction thereof.

(3) The operation evaluation on disaster management shall be conducted through documentary or field inspections.

(4) The chairman of the central committee may order the heads of the relevant central administrative agencies, and the heads of the relevant central administrative agencies may order the heads of the disaster management agencies under their jurisdiction, to report on progress on the establishment of the safety control system and the enactment of safety control regulations and their maintenance, and to supplement them.

Article 23(Long-Term and Short-Term Plans on Facilities under Hazard) #

(1) Heads of the disaster management agencies at each level (excluding the heads of the central administrative agencies) shall establish long-term and short-term plans to eliminate the danger of disaster occurrence in the facilities under hazard as referred to in Article 20 (2) of the Act, and make report thereof to the heads of the relevant central administrative agencies.

(2) The long-term and short-term plans under the provisions of paragraph (1) shall be classified as a general long-term plan and annual short-term plans and include the following matters:

1. Basic guidelines for maintenance and management of facilities under hazard;

2. Matters concerning annual plans of maintenance and management;

3. Matters concerning a detailed plan of maintenance and management with regard to each facility and area under hazard; and

4. Other necessary matters such as revenue sources.

(3) The establishment of long-term and short-term plans, reports, and other necessary matters under the provisions of paragraph (1) shall be determined by the heads of the relevant central administrative agencies.

Article 24(Report of Facilities under Hazard) #

The reports under Article 20 (3) of the Act shall be categorized into regular reports and occasional reports. Regular reports shall be made once a year on the date designated by the chairman of the central committee, and occasional reports shall be made upon the request of the chairman of the central committee.

Article 25(Request for Correction and Supplement) #

Where the chairman of the central committee makes requests to the heads of the disaster management agencies at each level for correction and supplementation in accordance with Articles 19 (2) and 20 (3) of the Act, the chairman shall comply via the heads of the relevant central administrative agencies.

Article 26(Facilities Subject to Safety Inspection) #

(1) Facilities and areas subject to safety inspection under the provisions of Article 22 (3) of the Act shall be as follows: <Amended by Presidential Decree No. 16185, Mar. 17, 1999>

1. Facilities under hazard as referred to in Article 20-2 (2) 1; and

2. Intensive-care facilities referred to in Article 20-2 (2) 2.

(2) Safety inspection on the facilities and areas subject to safety inspection under paragraph (1) shall be conducted as the following classifications:

1. Regular inspections:

(a) Facilities under hazard: more than one time every month;

(b) Intensive-care facilities: more than one time semiannually.

2. Occasional inspections: when the heads of the disaster management agencies at each level(limited to the heads of administrative agencies; hereafter in this Article the same shall apply) deem it necessary.

(3) Where the heads of the disaster management agencies at each level are to have their officials conduct the safety checkup under the provisions of Article 22 (1) of the Act, they shall notify, in writing and in advance, the owners, managers, or occupants of the relevant facilities and areas of the purpose and the date of inspections: Provided, That where urgent, notification may be given orally.

(4) Where the heads of the disaster management agencies at each level are to conduct a joint safety checkup under Article 22 (2) of the Act, they shall ask the heads of other disaster management agencies concerned for the joint safety checkup, expressively indicating matters falling under each of the following subparagraphs: <Amended by Presidential Decree No. 16185, Mar. 17, 1999>

1. Reasons for the joint safety checkup;

2. Facilities and areas subject to the joint safety checkup;

3. The period for the joint safety checkup;

4. The names of agencies to participate in the joint safety checkup; and

5. Other matters necessary for the joint safety checkup.

(5) Where the heads of the disaster management agencies at each level conduct safety checkup, they shall record and keep inspection results and safety measures on the maintenance cards of the facilities under hazard, as prescribed by the Ordinance of the Minister of Government Administration and Home Affairs. <Amended by Presidential Decree No. 16185, Mar. 17, 1999>

Article 27(Order for Safety Measures) #

Where the heads of the disaster management agencies at each level (limited to the heads of administrative agencies) are to give orders for safety measures under the provisions of Article 23 (1) of the Act, they shall issue written orders for safety measures which include the following matters to the owners, managers, or occupants of the facilities under hazard and the intensive-care facilities:

1. Results of safety inspection;

2. Reason for issuance of orders for safety measures;

3. Period of time for the conduct of safety measures;

4. Targets in the conduct of safety measures;

5. Methods for the conduct of safety measures; and

6. Items to be announced to the heads of the related disaster management agencies after the conduct of the safety measures.

Article 28(Functions and Operations of Central Emergency Rescue Head Office) #

(1) The central emergency rescue head office under Article 24 of the Act shall take charge of the following matters:

1. Direction and management of the activities of emergency rescue and relief services performed by the City/Do emergency rescue head office and the Si/Gun/Gu emergency rescue head office under Article 25 of the Act;

2. General management and coordination of governmental emergency rescue and relief services;

3. Preparation of alternatives for efficient emergency rescue and relief services, such as the establishment of emergency rescue and relief service systems and the division of labor among emergency rescue and relief agencies; and

4. Other matters which the chairman of the central committee deems necessary.

(2) The chief of the central emergency rescue head office (hereinafter referred to as the “chief of the central emergency rescue head office”) shall represent the central emergency rescue head office and preside over the general affairs thereof.

(3) The deputy chief of the central emergency rescue head office shall assist the chief of the central emergency rescue head office and take his place where he cannot perform his duties due to inevitable reasons.

(4) The director general of the Fire Fighting Bureau in the Ministry of Government Administration and Home Affairs shall be the coordinator of the central emergency rescue head office as provided for in Article 24 (4) of the Act. <Amended by Presidential Decree No. 16185, Mar. 17, 1999>

(5) Other necessary matters concerning the operation of the central emergency rescue head office except those provided for in this Decree shall be determined by the chief of the central emergency rescue head office.

Article 29(Function and Operation of Operation Committee of Central Emergency Rescue Head Office) #

(1) A vice-chairman shall be posted in the operation committee of the central emergency rescue head office (hereinafter referred to as the “operation committee”) under the provisions of Article 24 (3) of the Act for the efficient management of the operation committee, and he shall act as the chief of civil defence disaster management headquarters. An executive secretary shall be posted in the operation committee to manage the affairs thereof, and he shall act as the director of the rescue and emergency medical service division of the Ministry of Government Administration and Home Affairs. <Amended by Presidential Decree No. 16185, Mar. 17, 1999>

(2) The matters under Article 28 (1) 2 and 3 shall go through the deliberation of the operation committee.

(3) A meeting of the operation committee shall be convened where the chief of the operation committee deems it necessary.

(4) A meeting of the operation committee shall make a decision with the attendance of a majority of all the members and the affirmative vote of a majority of the members present.

(5) Other necessary matters concerning the operation of the operation committee except those prescribed by this Decree shall be determined by the chief of the central emergency rescue head office.

Article 30(Organization of Local Emergency Rescue Head Office) #

(1) A chief and a deputy-chief shall be posted in 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”). The head of the relevant local government shall act as the chief of the local emergency rescue head office, and the deputy head of the local government shall act as the deputy-chief of the local emergency rescue head office.

(2) The coordinator of the City/Do emergency rescue head office shall be the chief of the City/Do fire headquarters concerned, and the coordinator of the Si/Gun/Gu emergency rescue head office shall be the chief of the fire station having jurisdiction over the Si/Gun/Gu concerned, pursuant to Article 25 (2) of the Act.

Article 31(Function and Operation of Local Emergency Rescue Head Office) #

(1) The local emergency rescue head office shall administer the following matters:

1. Direction and management over the emergency rescue and relief services performed by the relevant local emergency rescue and relief agency;

2. General management and coordination over the emergency rescue and relief services in the area concerned; and

3. Preparation of alternatives for efficient emergency rescue and relief services, such as the establishment of emergency rescue and relief service systems and the division of labor among emergency rescue and relief agencies in the area concerned.

(2) The chief of the local emergency rescue head office (hereinafter referred to as the “chief of the local emergency rescue head office”) shall represent the local emergency rescue head office and preside over the general affairs thereof.

(3) The deputy chief of the local emergency rescue head office shall assist the chief of the local emergency rescue head office and take his place where he cannot perform his duties due to inevitable reasons.

(4) Other necessary matters concerning the operation of the local emergency rescue head office except those provided for in this Decree shall be determined by the chief of the local emergency rescue head office concerned.

Article 32(Compensation to Civil Volunteers for Emergency Rescue and Relief Services) #

(1) The amount of compensation to civil volunteers for emergency rescue and relief services shall be determined by the chief of the local emergency rescue head office in consideration of the number of days dedicated for participation in emergency rescue and relief services which could otherwise be utilized for the personal subsistence of a civil volunteer, and the degree to which the volunteer’s personal equipment and substances were contributed for emergency rescue and relief services, pursuant to Article 26 (3) of the Act.

(2) A person who desires to receive compensation under the provisions of Article 26 (3) of the Act shall file an application for compensation to the chief of the local emergency rescue head office under the conditions as prescribed by the Ordinance of the Ministry of Home Affairs. <Amended by Presidential Decree No. 16185, Mar. 17, 1999>

(3) The chief of the local emergency rescue head office who has received an application for compensation under the provisions of paragraph (2) shall have the coordinator of the local emergency rescue head office ascertain whether the applicant for compensation gave support to the emergency rescue and relief services.

Article 33(Report on the Process of Emergency Rescue and Relief Services) #

Where the coordinator of the local emergency rescue head office conducts field operational supervision under the provisions of the main sentence of Article 27 (1) of the Act, the coordinator shall report the process of emergency rescue and relief services to the chief of the local emergency rescue head office from time to time. Where the local head office of accident countermeasures is established under the provisions of Article 43 (1) of the Act, he shall inform the local head office of accident countermeasures of the process of emergency rescue and relief services from time to time.

Article 34(Field Supervision) #

(1) The chief of the central emergency rescue head office shall determine detailed operational regulations for the matters under the subparagraphs of Article 27 (2) of the Act.

(2) Detailed operational regulations under paragraph (1) shall include the following matters:

1. Organization and operation of the field supervision office;

2. Organization and operation of the field emergency medical center;

3. Establishment and operation of the access control line;

4. Personnel management such as allotment of duties to volunteers and staff of the emergency rescue and relief agencies;

5. Supply and management of equipment and materials necessary for emergency rescue and relief services; and

6. Matters of the following items concerning information dissemination and guidance on the process of emergency rescue and relief services:

(a) Control over the access of news reporters and their equipment;

(b) Designation and employment of a field spokesman;

(c) Assistance to the mass media agencies, such as the organization and operation of a joint press team; and

(d) Matters concerning the designation and operation of a disaster broadcasting station, the designation of photographing zones for news photos or images, and other guidance for field reports.

Article 35(Emergency Rescue and Relief Training) #

(1) Where the chief of the central emergency rescue head office and the chief of the local emergency rescue head office conduct emergency rescue and relief training as provided for in Article 30 (1) of the Act, they shall notify the heads of emergency rescue and relief agencies participating therein of the date, place, contents and methods of the training, the number of participants and the training equipment, and other matters required for the training at least thirty days prior to the training date.

(2) The chief of the central emergency rescue head office shall conduct the training one or more times a year, and the chief of the local emergency rescue head office shall conduct the training two or more times a year.

(3) The expenses required for participation in the emergency rescue and relief training as provided for in paragraph (1) shall be borne by the emergency rescue and relief agencies participating in the training: for a civil agency participating in the emergency rescue and relief services, the chiefs of the central emergency rescue head office and of the local emergency rescue head office may reimburse the actual expenses required for the participation in the training within the limit of the budget.

(4) Other necessary matters concerning emergency rescue and relief training except those provided for in this Decree shall be determined by the Ordinance of the Ministry of Government Administration and Home Affairs. <Amended by Presidential Decree No. 16185, Mar. 17, 1999>

Article 36(Education of Emergency Rescue and Relief Staff) #

(1) The personnel of the emergency rescue and relief agencies shall receive education on emergency rescue and relief services for not less than once a year under Article 30 (3) of the Act.

(2) The detailed matters necessary for the education of the emergency rescue and relief staff as provided for in paragraph (1) shall be determined by the Ordinance of the Ministry of Government Administration and Home Affairs. <Amended by Presidential Decree No. 16185, Mar. 17, 1999>

Article 37(Field Supervision by Commander of Search and Rescue Team) #

(1) The cases in which the commander of the search and rescue team may conduct field supervision of emergency rescue and relief services, pursuant to the former sentence of the Article 31 (2) of the Act, shall be as follows: <Amended by Presidential Decree No. 16185, Mar. 17, 1999>

1. Where a shipwreck (including fishing boats; hereinafter in this Article the same shall apply) or an airplane accident occurs in the ocean as determined by the Ordinance of Ministry of Government Administration and Home Affairs; and

2. In case of an accident of a large-scale ship or airplane for which the chairman of the central committee deems the field supervision of the commander of the search and rescue team to be necessary.

(2) Where the commander of the search and rescue team conducts the field supervision under paragraph (1), the commander shall notify in advance the chief of the central emergency rescue head office, the chief of the local emergency rescue head office, and the chief of the rescue coordination center, as provided for in Article 8 (2) of the Rescue and Aid at Sea and in the River Act.

Article 38(Procedures for Evacuation Order) #

Where the Mayor/Do governor or the heads of Si/Gun/Gu are to order evacuation under the provisions of Article 35 (1) of the Act or measures under the provisions of each subparagraph of Article 36 (1) of the Act, they shall notify residents living within the affected area or warning area, or people staying within the affected area or warning area of the reasons of and effectuation period for evacuation order in advance and in writing: Provided, That in case of urgency, they may make oral notification first, and then written notification ex post facto.

Article 39(Checking on Execution of Evacuation Order) #

(1) Where the Mayor/Do governor or the heads of Si/Gun/Gu order evacuation under the provisions of Article 35 (1) of the Act, or measures under the provisions of each subparagraph of Article 36 (1) of the Act, they shall have officials under their jurisdiction check the process of the execution of the evacuation order within the affected area.

(2) The Mayor/Do governor or the heads of Si/Gun/Gu shall, where an evacuation order referred to in Articles 35 through 37 of the Act has been executed, take necessary measures for the prevention of disaster, such as having officials under their jurisdiction stay within and patrol the affected area.

(3) Officials with watching and patrolling duties pursuant to paragraphs (1) and (2) shall carry identification that shows their authority and present it to the persons concerned.

Article 40(Procedures for Emergency Burden) #

(1) Where the Mayor/Do governor or the head of Si/Gun/Gu orders persons to engage in emergency measures under the provisions of Article 39 of the Act, he shall issue a written order to each of the persons to engage in the emergency measures as prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs. In the case of emergency he shall order the persons verbally to engage in the emergency measures first and issue a written confirmation to each of the persons that he or she has engaged in the emergency measures as prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs. <Newly Inserted by Presidential Decree No. 16185, Mar. 17, 1999>

(2) Where the Mayor/Do governor or the head of Si/Gun/Gu temporarily uses land, structures and installations owned or removes or alters obstacles owned by other persons, he shall issue a written order for the emergency burden to each of their owners, managers or occupants, indicating the purpose of the emergency burden, the object and contents of the emergency burden as prescribed by the provisions of Article 39 of the Act. In the case of emergency, he shall verbally order them to bear the emergency burden first and issue a written confirmation to each of them later that they have born the emergency burden as prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs. <Amended by Presidential Decree No. 16185, Mar. 17, 1999>

(3) With regard to paragraph (2), where a person to whom a warrant of emergency procurement shall be issued is missing or his whereabouts are unknown, the warrant shall be posted on a bulletin board of the Si/

Gun/Gu thereof for more than 15 days. <Amended by Presidential Decree No. 16185, Mar. 17, 1999>

Article 41 #

Deleted.<by Presidential Decree No. 16185, Mar. 17, 1999>

Article 42(Local Head Office of Accident Countermeasures) #

(1) The City/Do head office of accident countermeasures and the Si/ Gun/Gu head office of accident countermeasures as prescribed in Article 43 (1) of the Act (hereinafter referred to as the “local head office of accident countermeasures”) shall have two deputy chiefs to assist the chiefs of the head offices. The deputy chiefs shall consist of the deputy head of the relevant local government and the head of disaster management agency directly concerned with the relevant disaster and located within the jurisdiction of the relevant local government: if there does not exist a disaster management agency directly concerned with the relevant disaster, the deputy head of the relevant local government alone shall become the deputy chief of the head office. <Amended by Presidential Decree No. 16185, Mar. 17, 1999>

(2) Staff shall be posted in the local head office of accident countermeasures, and they shall consist of those designated by the chief of the local head office of accident countermeasures (hereinafter referred to as the “chief of local head office”) from officials of the relevant local government and dispatched from the disaster management agencies as provided for in Article 44 (2) of the Act. <Amended by Presidential Decree No. 16185, Mar. 17, 1999>

(3) The chief of local head office shall establish, in advance, the organizational structures of the local head office of accident countermeasures by types in preparation for anticipated disasters within the relevant areas.

(4) The chief of local head office can establish and manage the working teams by types of functions necessary for disaster management.

(5) Other necessary matters concerning the organization and operation of the local head office of accident countermeasures except those provided for in this Decree shall be determined by the l chief of local head office concerned.

Article 43(Definition of Massive Disasters) #

Massive disasters requiring the establishment of the central head office of accident countermeasures under Article 45 (1) shall be as follows:

1. Disasters which cause severe damage to lifes and property and have extensive influence which requires comprehensive governmental measures; and

2. Disasters equivalent to the ones provided for in subparagraph 1, for which the chairman of the central committee deems it necessary to establish the central head office of accident countermeasures.

Article 44(Operation of Central Head Office of Accident Countermeasures) #

(1) The chief of central head office shall represent the central head office of accident countermeasures and preside over the general affairs thereof.

(2) The chief of central head office may convene meetings which all members of the central head office of accident countermeasures under Article 45 (3) of the Act attend, where the chief deems it necessary in order to effectively execute disaster assistance.

(3) The following matters shall be discussed in the meetings as provided for in paragraph (2) above:

1. Measures for restoration of damaged facilities and compensation for damages;

2. Criteria for estimation of damages;

3. Defrayment of expenses needed for disaster assistance and restoration;

4. Preventive measures against the recurrence of similar disasters; and

5. Other matters needed for disaster assistance and restoration, as presented for discussion by the chief of central head office.

(4) The Minister of the competent Ministry shall determine, in advance, the process of organization of the central head office of accident countermeasures so as to efficiently cope with a massive disaster related to the Minister’s duties, and shall notify the heads of the agencies to which the members of the central head office of accident countermeasures as prescribed for in Article 45 (3) of the Act belong.

(5) The chairman of the central committee may establish guidelines concerning the process of organization of the central head office of accident countermeasures and notify the Minister of the competent Ministry.

(6) Other necessary matters concerning the organization and operation of the central head office of accident countermeasures except those provided for in this Decree shall be determined by the chief of central head office concerned.

Article 44-2(Organization of Government Joint Overseas Disaster Support Team) #

(1) The chief of the central head office shall appoint the head (hereinafter referred to as the “head of the support team”) of a government joint overseas disaster support team (hereinafter referred to as the “support team”) organized under the provisions of Article 45 (5) of the Act.

(2) The chief of the central head office, when it is deemed necessary to organize the support team, may ask the heads of central administrative agencies concerned, institutions concerned and organizations concerned to second their officials, executives and employees as well as experts to the support team.

(3) The heads of the central administrative agencies, the institutions and the organizations, upon receiving the request from the chief of the central head office to second their officials, executives and employees as well as experts, shall comply with the request unless special reasons exist that make them unable to comply with the request.

(4) Matters necessary to organize the support team except as prescribed by this Decree shall be determined by the chief of the central head office.

[This Article Newly Inserted by Presidential Decree No. 16185, Mar. 17, 1999]

Article 44-3(Operation of Support Team) #

(1) The head of the support team shall represent the support team, command and supervise members of the support team and exercise overall control of the activities falling under each of the following subparagraphs which are carried out in the overseas disaster area under command of the chief of the central head office:

1. The confirmation of identities of casualties and emergency rescue;

2. The treatment of the injured and the laying of the dead bodies in state;

3. The inspection of the cause of accident;

4. The legal counseling for bereaved families involved in overseas disaster and local support;

5. The publicity of overseas disasters at home and abroad as well as the government’s countermeasures; and

6. Other matters determined by the chief of the central head office.

(2) The head of the support team shall constantly report the progress in control of overseas disaster to the chief of central head office and also notify the head of a diplomatic mission having jurisdiction over the disaster area of the progress in control of the disaster.

(3) The head of a diplomatic mission having jurisdiction over a disaster area shall provided support necessary for the support team to carry out the activities referred to in paragraph (1).

(4) Matters necessary to operate the support team except as prescribed by this Decree shall be determined by the chief of central head office.

[This Article Newly Inserted by Presidential Decree No. 16185, Mar. 17, 1999]

Article 45(Dispatch of Joint Field Investigation Team) #

(1) Where the head of a disaster management agency organizes a joint field investigation team in cooperation with the relevant disaster management agencies under the provisions of the latter part of Article 47 (1) of the Act, he may ask the heads of relevant disaster management agencies to dispatch officials or employees under their jurisdictions with professional capabilities for investigation of disasters.

(2) Where requested to dispatch under paragraph (1), the heads of relevant disaster management agencies shall comply unless there is justifiable reason not to do so.

(3) The heads of disaster management agencies may, if necessary for a specialized investigation, employ relevant experts in the joint investigation team and pay an allowance and travel expenses to them within the limit of the budget: Provided, That where the experts who are public officials participate in the investigation in connection with their duties, this shall not apply.

Article 46(Report of Disaster) #

(1) The chief of central head office and the chief of local head office in accordance with Article 49 (1) of the Act, shall make periodical reports on the following matters to the chairman of the central committee under the conditions determined by the chairman of the central committee from the time when a disaster has occurred until the time when the disaster assistance is completed:

1. Time, place, and causes of the disaster;

2. Details of damage caused by the disaster;

3. Specifics on various measures for disaster assistance, restoration plans, and processes of restoration; and

4. Other matters determined by the chairman of the central committee.

(2) Where the disaster assistance is completed, the chief of central head office and the chief of local head office shall make immediate reports on matters such as the results of the disaster assistance as determined by the chairman of the central committee, to the chairman of the central committee.

(3) Where the chief of local head office makes a report on disasters under paragraph (1) and (2), it shall pass through the chief of central head office (the minister of the competent ministry where the central head office of accident countermeasures is not established).

(4) Necessary matters concerning the report on the disaster except those prescribed for in this Decree shall be determined by the chairman of the central committee.

Article 47(Scope of Special Disasters) #

Disaster for which the chief of central head office may propose the declaration of a special disaster area to the President in accordance with Article 50 of the Act shall be as follows:

1. Massive disasters as provided for in Article 43;

2. Disasters which are deemed difficult to manage concerned in view of the administrative and financial abilities of the relevant City/ Do;

3. Disasters for which Government administrative, financial and economic assistance to residents, companies, organizations, and agencies that are damaged is deemed necessary; and

4. Disasters that have extensive effects upon social security and order and industrial and economic activities.

Article 48(Declaration of Special Disaster Areas) #

When the President declares an area as a special disaster area in accordance with Article 51 of the Act, he shall specify and make public notification of the objective facilities, the scope of the special disaster area, and the details on special assistance. In case of termination thereof, the same shall apply.

Article 49(Assistance for Special Disaster Areas) #

(1) Where a special disaster area has been declared, the State may provide assistance in part of the expenditures required by the local government in charge of managing the disaster so as to assist with damage compensation in accordance with Article 52 of the Act in consideration of the financial capability of the relevant local government and the extent of damage.

(2) A local government diverts the expenditures given by the State to compensate for damages to the compensation for the dead or the injured, the total amount of the compensation shall not exceed the amount falling under each of the following subparagraphs: <Newly Inserted by Presidential Decree No. 16185, Mar. 17, 1999>

1. In the case of the dead, the amount which is 240 times the monthly minimum wage under the Minimum Wages Act; and

2. In the case of the injured, the amount which is calculated according to the extent of the injuries as prescribed by the Ordinance of the Ministry of Government Administration and Home Affairs within the limits of not more than half of the amount referred to in paragraph (1).

Article 50(Request of Adjudication) #

(1) Consultation referred to in Article 54 (2) of the Act shall be held within 60 days after an order or disposition.

(2) Any person who requests adjudication under the provisions of Article 54 (3) shall file an application of adjudication on which the following matters are recorded to the Land Tribunal within 180 days after the date of an order or disposition:

1. Names and addresses of the applicant and counterpart;

2. Facts of incurrence of losses;

3. Details on the compensation determined or claimed by the applicant and the counterpart; and

4. Deliberation processes.

Article 51(Report concerning the Occurrence of the Injury) #

Heads of the disaster management agencies at each level (except the head of the central administrative agency) shall make report without delay to the chiefs of their competent authorities under the conditions as prescribed by the Ordinance of the Minister of Government Administration and Home Affairs where persons are to be treated and compensated under the provisions of Article 55 (1) of the Act as a result of injury in a disaster that is related to their duties. <Amended by Presidential Decree No. 16185, Mar. 17, 1999>

Article 52(Standards for Defrayment of Compensation) #

(1) The State shall defray the expenditure for medical treatments and compensation as referred to in the provisions of Article 55 (2) of the Act where the disaster concerned is related to services and facilities of the State, and a local government shall defray it if the disaster concerned is related to services and facilities of a local government.

(2) The provisions of Article 7 of the Honorable Treatment of Persons Wounded or Killed for a Righteous Cause Act and Article 12 of the Enforcement Decree of the same Act shall be applied mutatis mutandis to the defrayment standards of compensation under Article 55 (2) of the Act.

(3) Compensation for the bereaved family shall be paid in the order of the spouse, minor sons and daughters, parents, grandparents, adult sons and daughters, and brothers/sisters of the deceased. In this case, when there are two or more persons in the same order, the amount of compensation shall be divided equally and paid to them. In applying payment order for an embryo, the embryo is regarded to be born.

Article 53(Defrayment Procedures for Medical Treatment and Compensation) #

(1) The provisions of Article 32 of the Enforcement Decree of the Framework Act on Civil Defense shall be applied mutatis mutandis to the treatment procedures for the injured under Article 55 (2) of the Act.

(2) The provisions of Article 27 (5) of the Enforcement Decree of the Framework Act on Civil Defense shall be applied mutatis mutandis to the defrayment procedures of compensation under Article 55 (2) of the Act. In this case, the term “Minister of Government Administration and Home Affairs” shall be deemed to read “chief of competent authority”; the term “Planning Council of Civil Defense in Article 8 (1) 1”, “central safety support committee in Article 7 of the Act”; the term “Si/Gun/Gu ”, “local government”; the term “Si/Gun/Gu Council of Civil Defense in Article 6 of the Act”, “local safety support council in Article 9 of the Act”. <Amended by Presidential Decree No. 16185, Mar. 17, 1999>

Article 54(Uses of Disaster Management Funds) #

(1) The term “purposes other than prevention of disasters and emergency measures as prescribed by the Presidential Decree” in Article 57 (1) of the Act means purposes other than those falling under any of the following subparagraphs: <Amended by Presidential Decree No. 16185, Mar. 17, 1999>

1. Maintenance such as safety diagnosis, repairs, and reinforcement on facilities under hazard (limited to facilities under hazard owned, designated and managed by local government) under Article 20-2 (2) 1;

2. Safety diagnosis on intensive-care facilities (limited to intensive-care facilities owned, designated, and managed by local government) under Article 20-2 (2) 2;

3. Assistance for residents moving to temporary rental housing who follow the escape or evacuation order under Articles 35 through 37 of the Act;

4. Prevention of disasters prescribed by Municipal Ordinances of City/ Do or Si/Gun/ Gu;

5. Emergency measures such as emergency rescue, the treatment of the injured or emergency restoration of damaged facilities where disasters occur or the occurrences of disasters are highly possible; and

6. Research projects needed for the prevention of disasters.

(2) In case of each of the following subparagraphs, some portions of the expenses may be financed through deliberation of a local committee: <Amended by Presidential Decree No. 16185, Mar. 17, 1999>

1. In case where an owner or occupant of a private facility, which has a high possibility of disaster from among those referred to in Article 20-2 (2) 1 and 2, cannot perform safety diagnosis on his facility due to deficiency of economic ability; and

2. In case where the residents concerned are incapable of bearing expenses required for moving into the rental housing referred to in paragraph (1) 3.

Article 55(Operation and Management of Disaster Management Funds) #

(1) The Mayor/Do governor or the head of Si/Gun/Gu shall open a bank account in order to manage disaster management funds under Article 57 of the Act.

(2) Other necessary matters for operation and management of disaster management funds, except those prescribed by this Decree, shall be determined by Municipal Ordinances of the local government concerned.