ENFORCEMENT DECREE OF THE FIREFIGHTING INDUSTRY PROMOTION ACT

Article 1(Purpose) #

The purpose of this Decree is to prescribe matters mandated by the Firefighting Industry Promotion Act and matters necessary for the enforcement thereof.

Article 2 #

Deleted. <Dec. 24, 2018>

Article 3(Formulation of master plan) #

(1) When the Fire Commissioner of the National Fire Agency intends to formulate a master plan under Article 4(1) of the Act (hereinafter referred to as "master plan"), he or she shall consult with the heads of relevant central administrative agencies in advance. <Amended on Nov. 19, 2014; Jul. 26, 2017>

(2) The Fire Commissioner of the National Fire Agency shall notify the head of the relevant central administrative agency, the Special Metropolitan City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") of the master plan by Oct. 31 of the year preceding the year in which the master plan is implemented. Where he or she intends to amend the master plan, he or she shall notify it without delay after such amendment. <Amended on Dec. 24, 2013; Nov. 19, 2014; Jul. 26, 2017>

(3) In order to formulate a master plan and a detailed implementation plan under Article 5(1) of the Act, the Fire Commissioner of the National Fire Agency may request the following persons to submit necessary data. Upon receipt of such request, a person shall comply therewith, except in extenuating circumstances: <Amended on Apr. 30, 2009; Nov. 20, 2009; Dec. 24, 2013; Nov. 19, 2014; Jun. 30, 2015; Jul. 26, 2017; Jun. 26, 2018; Apr. 2, 2019>

1. The head of a relevant central administrative agency;

2. Mayors/Do Governors;

3. Research institutes under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes or the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes;

4. Schools under Article 2 of the Higher Education Act;

5. The Korea Fire Institute of Industry and Technology established under Article 14 of the Act;

6. The Korea Fire Safety Institute under Article 40 of the Fr amework Act on Firefighting Services;

7. The Mutual Aid Association of the Fire-Fighting Industry established pursuant to Article 23 of the Act;

8. The Korea Institute for Advancement of Technology established under Article 38 of the Industrial Technology Innovation Promotion Act;

9. The Korea SMEs and Startups Agency established under Article 68 of the Small and Medium Enterprises Promotion Act;

10. Specific research institutes under the Specific Research Institutes Support Act.

Article 3-2(Formulation of implementation plans) #

(1) The Fire Commissioner of the National Fire Agency shall formulate a detailed implementation plan under Article 5(1) of the Act (hereinafter referred to as "implementation plan") by the end of February every year. <Amended on Jul. 26, 2017>

(2) Implementation plans shall include the following matters: <Amended on Jul. 26, 2017>

1. Performance evaluation of the implementation plan for the previous year and matters requiring improvement;

2. The direction-setting for promoting the firefighting industry for the relevant year;

3. Promotion plans and investment plans for each major business;

4. Other matters deemed necessary by the Fire Commissioner of the National Fire Agency to implement a master plan.

[This Article Added on Jun. 30, 2015]

Article 4(Material facts) #

"Important matters prescribed by Presidential Decree" in the latter part of Article 6 of the Act means the matters referred to in Article 4(2)1 and 2 of the Act.

Article 5(Designation of institutions for training specialized human resources) #

(1) The Fire Commissioner of the National Fire Agency or a Mayor/Do Governor may designate any of the following institutions as a training institution for professional human resources for the firefighting industry (hereafter referred to as "training institution" in this Chapter) pursuant to Article 7(2) of the Act. <Amended on Dec. 24, 2013; Nov. 19, 2014; Jul. 26, 2017>

1. Schools under Article 2 of the Higher Education Act;

2. Research institutes under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes or the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes;

3. Specific research institutes under the Specific Research Institutes Support Act;

4. Other institutions deemed necessary by the Fire Commissioner of the National Fire Agency or a Mayor/Do Governor to train professional human resources for the firefighting industry, which are educational and training institutions related to firefighting industry technology.

(2) Any person who intends to be designated as a training institution pursuant to paragraph (1) shall submit an application for designation prescribed by Decree of the Ministry of the Interior and Safety to the Fire Commissioner of the National Fire Agency or the competent Mayor/Do Governor, along with the following documents. <Amended on Mar. 23, 2013; Dec. 24, 2013; Nov. 19, 2014; Jul. 26, 2017>

1. Results of and plans for nurturing professional human resources;

2. Outline of training courses, such as organization of training courses and instructors;

3. Facilities and equipment necessary for training professional human resources;

4. A fund-raising plan for operating expenses.

Article 6(Subsidization of expenses) #

The Fire Commissioner of the National Fire Agency or a Mayor/Do Governor may fully or partially subsidize training institutions designated pursuant to Article 7(2) of the Act for the following expenses pursuant to paragraph (3) of that Article. <Amended on Dec. 24, 2013; Nov. 19, 2014; Jul. 26, 2017>

1. Expenses necessary for operating programs for training and education for professional human resources development;

2. Expenses incurred in conducting surveys and research for training professional human resources;

3. Expenses necessary for developing and disseminating educational materials to train professionals;

4. Expenses incurred in renting a place of education and purchasing equipment necessary for conducting education for nurturing professional human resources.

Article 7(Standards for payment of royalties) #

(1) The amount of royalties collected under Article 8(3) of the Act shall not exceed 20/100 of the total amount of subsidies, contributions, or subsidies granted to technology development project operators; provided, where technology development project operators are universities or colleges, the payment of royalties shall be exempted.

(2) Where royalties are to be collected pursuant to Article 8(3) of the Act, a technology development project operator may be allowed to pay the relevant amount of royalties in a lump sum or in installments within five years. If the royalties are to be paid in a lump sum or earlier than the deadline for payment in installments, a certain amount prescribed by Decree of the Ministry of the Interior and Safety may be reduced or exempted from the collection amount. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

(3) Except as otherwise expressly provided for in paragraphs (1) and (2), detailed matters concerning the collection, management, and use of royalties shall be determined and publicly notified by the Fire Commissioner of the National Fire Agency in accordance with Article 38 of the Enforcement Decree of the National Research and Development Innovation Act. <Amended on Aug. 11, 2010; Dec. 29, 2020>

Article 8(Designation of institutions specializing in promotion of standardization projects) #

(1) Requirements for designation of a specialized institution that implements a standardization project designated by the Fire Commissioner of the National Fire Agency pursuant to Article 9(2) of the Act (hereafter referred to as "specialized institution" in this Chapter) shall be as follows. <Amended on Nov. 19, 2014; Jul. 26, 2017>

1. An institution shall secure organizational structure and human resources necessary for standardization projects;

2. It shall have a system necessary for the standardization project and environmental conditions necessary for the operation of such system;

3. It shall have evaluation procedures prescribing evaluation items, standards, etc. for each item of evaluation, for each standardization project subject.

(2) Any person who intends to be designated as a specialized institution shall submit an application for designation prescribed by Decree of the Ministry of the Interior and Safety with the following matters stated therein to the Fire Commissioner of the National Fire Agency, along with data evidencing the improvement of the quality of firefighting equipment, etc. and the promotion of standardization: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

1. The name and address of the institution or corporation, and the name of its representative;

2. Grounds for the designation as a specialized institution and the period of designation.

(3) Where the Fire Commissioner of the National Fire Agency designates a specialized institution, he or she shall publicly notify the facts. <Amended on Nov. 19, 2014; Jul. 26, 2017>

(4) The head of a specialized institution designated as a specialized institution shall submit to the Fire Commissioner of the National Fire Agency a business plan and a fund execution plan for the relevant year concerning verification activities, verification activities on whether it complies with the standards, performance, etc., and the business performance records of the previous year, by the end of February every year. <Amended on Nov. 19, 2014; Jul. 26, 2017>

Article 9(Expansion of distribution of firefighting equipment) #

(1) The Fire Commissioner of the National Fire Agency or a Mayor/Do Governor may compare and evaluate the quality, performance, etc. of certified firefighting equipment in consultation with specialized institutions, etc. in order to distribute and facilitate firefighting equipment pursuant to Article 10 of the Act. <Amended on Dec. 24, 2013; Nov. 19, 2014; Jul. 26, 2017>

(2) Where the Fire Commissioner of the National Fire Agency or a Mayor/Do Governor compares and evaluates the quality, performance, etc. of firefighting equipment pursuant to paragraph (1), he or she shall disclose the results thereof. <Amended on Dec. 24, 2013; Nov. 19, 2014; Jul. 26, 2017>

(3) The Fire Commissioner of the National Fire Agency or a Mayor/Do Governor may take necessary supportive measures, such as preferential purchase, in consultation with the heads of the State, local governments, and public institutions, in order to facilitate the distribution of excellent firefighting equipment. <Amended on Dec. 24, 2013; Nov. 19, 2014; Jul. 26, 2017>

Article 10(Composition of Deliberative Committee on Firefighting Industry Promotion Policies) #

(1) The Deliberative Committee on Firefighting Industry Promotion Policies under Article 12(1) of the Act (hereinafter referred to as "Committee") shall be composed of 20 members including one chairperson, and at least a majority of which shall be civilian members commissioned.

(2) The Fire Commissioner of the National Fire Agency shall be the chairperson of the Committee: <Amended on Mar. 19, 2014; Jul. 26, 2017>

(3) Members of the Committee shall be appointed or commissioned by the Fire Commissioner of the National Fire Agency, from among the following persons. <Amended on Jul. 12, 2010; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Oct. 1, 2025; Dec. 30, 2025>

1. Members in general service of the Senior Executive Service of the Ministry of Science and ICT, the Ministry of Education, the Ministry of the Interior and Safety, the Ministry of Trade, Industry and Resources, the Ministry of Climate, Energy and Environment, the Ministry of Employment and Labor, the Ministry of Land, Infrastructure and Transport, the Ministry of SMEs and Startups, the Ministry of Planning and Budget, and the National Fire Agency, and public officials of Grade III (in cases of the National Fire Agency, including firefighting officials of chief superintendent or higher) and are recommended by the head of the relevant affiliated agency;

2. Persons who have abundant knowledge and experience in the firefighting industry and are recommended by related academic societies, etc.;

3. A person representing firefighting business owners, who is recommended by related organizations, etc.;

4. A person recommended by non-profit, non-governmental organizations under the Assistance for Non-Profit, Non-Governmental Organizations Act;

5. A person recommended by the president of the Korea Fire Institute of Fire Industry and Technology established pursuant to Article 14 of the Act.

(4) The term of office of a member who is not a public official shall be two years and may be renewed consecutively only once. <Amended on Dec. 30, 2015>

Article 10-2(Disqualification of, challenge to, or refrainment by, members) #

(1) If a member of the Committee falls under any of the following, he or she shall be excluded from deliberation and resolution by the Committee:

1. Where the member or the current or former spouse of the member becomes a party to the relevant agenda item (if the party is a corporation or organization, including its executive officers; hereafter in this subparagraph and subparagraph 2, the same shall apply) or is holding any right or duty jointly with the party to such agenda item;

2. Where a member is or was a relative of a party to the relevant agenda item;

3. Where the member has testified, made a statement, provided advice, conducted research, rendered service, or given an appraisal in connection with the relevant agenda item;

4. Where a member or a corporation, organization, etc. to which the member belongs is or was the agent of a party to the relevant agenda item;

(2) If any ground exists for which it would be impracticable to expect the impartial deliberation of any member, a party to the relevant agenda may request the committee to challenge the member, and the committee shall make a decision on such request by resolution. In such cases, the member subject to such request for challenge shall not participate in the relevant resolution.

(3) Any member who falls under any ground for disqualification referred to in the subparagraphs of paragraph (1) shall voluntarily refrain from deliberations and decisions on the relevant agenda item.

[This Article Added on Dec. 30, 2015]

Article 10-3(Discharge or dismissal of members) #

Where a member falls under any of the following subparagraphs, the Commissioner of the National Fire Agency may discharge or dismiss the relevant member: <Amended on Jul. 26, 2017>

1. Where the member becomes unable to perform his or her duties due to mental or physical disabilities;

2. Where it is found that a member engages in any misconduct in connection with his or her duties;

3. Where the member is deemed unfit to serve as a committee member due to neglect of duties, injury to dignity or any other reason;

4. Where he or she fails to refrain despite that he or she falls under any subparagraph of Article 10-2(1);

5. Where he or she voluntarily admits that it is difficult for him or her to perform his or her duties.

[This Article Added on Dec. 30, 2015]

Article 11(Matters to be deliberated upon by Committee) #

"Matters prescribed by Presidential Decree concerning the promotion of the firefighting industry" in Article 12(2)8 of the Act means the following matters: <Amended on Nov. 19, 2014; Jul. 26, 2017>

1. Matters concerning the selection, evaluation, and management of tasks for research and development of firefighting technology;

2. Matters concerning the search, evaluation, and planning of new tasks for research and development of firefighting industry technology;

3. Other matters referred to meetings by the Fire Commissioner of the National Fire Agency concerning the promotion of firefighting industry technology.

Article 12(Operation of Committee) #

(1) The chairperson shall convene and preside over meetings of the Committee.

(2) Meetings of the Committee shall be convened when at the request of at least 1/3 of all incumbent members or when the chairperson deems it necessary.

(3) A majority of the members of the committee shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present.

(4) If the chairperson is unable to perform his or her duties due to any unavoidable cause, a member designated by the chairperson shall act on behalf of the chairperson.

(5) Meetings of the Committee shall be open to the public; provided, this shall not apply where the Committee deems it particularly necessary and adopts a resolution thereon.

(6) Except as provided in paragraphs (1) through (5), matters necessary for operation of the Committee shall be determined by the chairperson by a resolution of the Committee.

Article 13(Executive secretary of Committee) #

(1) The Committee shall have one executive secretary, who shall be appointed by the chairperson from among public officials of the National Fire Agency. <Amended on Nov. 19, 2014; Jul. 26, 2017>

(2) The executive secretary shall handle the affairs of the Committee under the order of the chairperson.

Article 14(Organization and operation of technical committees) #

(1) Technical committees by sector under Article 12(4) of the Act may consist of not more than ten members upon recommendation of academic societies and organizations related to the firefighting industry or members of the Committee.

(2) Technical committees shall conduct a specialized examination of matters referred to meetings of the Committee by the chairperson or requested by the Committee.

(3) Except as provided in paragraphs (1) and (2), matters necessary for operation of the technical committees shall be determined by the chairperson by a resolution of the Committee.

Article 15(Allowances for members of Committee and specialized committees) #

Allowances, travel expenses, and other necessary expenses may be reimbursed to the members who attend meetings of the Committee and technical committees within the budget; provided, this shall not apply where a member who is a public official attends the meetings in direct connection with his or her duties.

Article 22(Support for international cooperation and overseas expansion) #

"Institution or organization prescribed by Presidential Decree" in Article 20(2) of the Act means any of the following institutions or organizations:

1. The Korea Fire Institute established under Article 14 of the Act;

2. An institution or organization that has a structure and human resources capable of promoting the quality improvement and standardization of firefighting equipment, firefighting technology, and human resources and that has excellent business performance.

Article 23(Promotion of utilization of excellent overseas technical human resources) #

"Matters prescribed by Presidential Decree" in subparagraph 2 of Article 21 of the Act means the following matters: <Amended on Nov. 19, 2014; Jul. 26, 2017>

1. Survey and research on the current status and prospects of supply and demand of excellent overseas technical human resources;

2. Collection and provision of information on employment such as job offering, job seeking, etc. for excellent overseas technical human resources;

3. Education and publicity related to the improvement of understanding of Korean culture and adaptation to Korean life by excellent overseas technical human resources;

4. Other matters deemed necessary by the Fire Commissioner of the National Fire Agency to promote the attraction and utilization of excellent overseas technical human resources.

Article 24(Excellent overseas research and development institutes) #

"Excellent research and development institutions overseas prescribed by Presidential Decree", with the exception of its subparagraphs, in Article 22 of the Act means any of the following institutes (hereinafter referred to as "overseas research institute"). <Amended on Jul. 30, 2009; Dec. 24, 2013; Nov. 19, 2014; Jul. 26, 2017; Aug. 5, 2020>

1. Research facilities under Article 14-2(1)5 of the Foreign Investment Promotion Act;

2. Research facilities determined by the Fire Commissioner of the National Fire Agency or Mayors/Do Governors in consideration of the ripple effects, etc. on the development of domestic firefighting industry technology.

Article 25(Promotion of inducement of overseas research institutes) #

"Matters prescribed by Presidential Decree" in subparagraph 4 of Article 22 of the Act means the following matters: <Amended on Dec. 24, 2013; Nov. 19, 2014; Jul. 26, 2017>

1.Surveys on the current status of overseas research institutes that have entered Korea, the demand for support, etc.

2. Support for holding domestic and international briefing sessions to attract overseas research institutes;

3. Other Matters that the Fire Commissioner of the National Fire Agency or a Mayor/Do Governor deems necessary to attract foreign research institutes.

Article 26(Procedures for authorization for establishment of Mutual Aid Association of the Firefighting Industry) #

(1) In order to establish a Mutual Aid Association of the Firefighting Industry (hereinafter referred to as "Mutual Aid Association") pursuant to Article 23(1) of the Act, at least 10 firefighting business owners qualified as members of the Mutual Aid Association shall promote it and file an application for authorization with the Fire Commissioner of the National Fire Agency after resolution on the articles of association at the inaugural general meeting. <Amended on Nov. 19, 2014; Jul. 26, 2017>

(2) Upon granting authorization under paragraph (1), the Fire Commissioner of the National Fire Agency shall publicly announce such authorization. <Amended on Nov. 19, 2014; Jul. 26, 2017>

(3) Promoters shall take charge of necessary administrative affairs until a mutual aid association is established and executive officers are appointed.

Article 27(Matters to be stated in articles of incorporation) #

The articles of association of a mutual aid association shall include the following matters:

1. Objectives;

2. Title;

3. Location of offices;

4. Matters relating to business;

5. Matters concerning executive officers and employees;

6. Matters concerning the qualifications for members of the mutual aid association, and the admission and withdrawal of members;

7. Matters concerning the rights and obligations of members;

8. Matters concerning the value per share of investment, the method of investment, etc.;

9. Matters concerning the creation, operation and management of fundamental property;

10. Matters relating to asset and accounting;

11. Matters concerning the disposal of surplus, reserves and losses;

12. Matters concerning general meetings and the board of directors;

13. Matters concerning the dissolution and disposal of residual assets;

14. Matters concerning the establishment of branches, etc.;

15. Matters concerning public announcement;

16. Matters concerning agents;

17. Matters concerning amending the articles of incorporation.

Article 28(Registration of Mutual Aid Association) #

(1) Upon obtaining authorization for establishment, the Mutual Aid Association shall register the following matters at the seat of its principal place of business:

1. Objectives;

2. Title;

3. Business;

4. Location of office;

5. Date of the authorization of incorporation of the Association;

6. The total amount of money invested, the amount of per share of investment, and the method of investment;

7. Matters concerning restrictions on transfer of investment securities;

8. Names, addresses and resident registration numbers of executive officers;

9. Matters concerning restrictions on representative authority;

10. Matters concerning agents;

11. Method of public announcement.

(2) Where matters to be registered under the subparagraphs of paragraph (1) (excluding matters to be registered concerning the total amount of money invested) are changed, such change shall be registered within three weeks from the date of such change.

Article 29(Supervision) #

(1) Pursuant to Article 23(3) of the Act, the Fire Commissioner of the National Fire Agency shall supervise the following affairs of the Mutual Aid Association. <Amended on Nov. 19, 2014; Jul. 26, 2017>

1. Important resolutions of the general meeting or the board of directors;

2. Matters concerning the qualifications for, and admission and withdrawal of members;

3. Matters concerning the project plans and budgets;

4. Matters concerning the structure and organization;

5. Matters concerning the implementation of other business affairs entrusted by the Fire Commissioner of the National Fire Agency or of the business affairs under the articles of incorporation.

(2) The mutual aid association shall obtain approval from the Fire Commissioner of the National Fire Agency regarding its business plans and budgets. <Amended on Nov. 19, 2014; Jul. 26, 2017>

(3) The Fire Commissioner of the National Fire Agency may order submission of data necessary for the supervision of affairs of the mutual aid association. In such cases, the mutual aid association shall comply with such order, except in extenuating circumstances. <Amended on Nov. 19, 2014; Jul. 26, 2017>

Article 30(Business year) #

The business year of the mutual aid association shall coincide with the fiscal year of the Government.

Article 31(Budget and settlement of accounts) #

(1) The mutual aid association shall prepare a business plan and a budget bill for each business year and obtain a resolution thereon from a general meeting two months before the commencement of the relevant business year, and shall prepare a statement of accounts for each business year and obtain a resolution thereon from the general meeting within two months after the end of the relevant business year.

(2) Matters necessary for the special project account, supplementary revised budget, reserve funds, etc. related to the preparation of the budget bill under paragraph (1) shall be prescribed by the articles of incorporation.

(3) The mutual aid association shall prepare a statement of financial position and a statement of profit and loss, keep it in its principal office, branches and sub-branches, and publicly announce the statement of financial position within two months after the end of each business year. <Amended on Jan. 5, 2021>

Article 32(Affairs of mutual aid association) #

Institutions and organizations prescribed by Presidential Decree in subparagraph 3 of Article 24 of the Act means institutions and organizations such as public institutions, which need to preferentially use advanced fire equipment researched and developed by firefighting business owners, as prescribed by the articles of incorporation or mutual aid regulations.

Article 33(Creation of basic property) #

"Financial resources prescribed by Presidential Decree" in Article 25(1)2 of the Act means the following:

1. Contributions from institutions and organizations related to the firefighting industry and public institutions, etc. under Article 4 of the Act on the Management of Public Institutions;

2. Loans for mutual aid affairs;

3. Earnings and other revenues.

Article 34(Approval of mutual aid regulations) #

"Important matters prescribed by Presidential Decree" in the former part of Article 26(3) of the Act means the following matters:

1. Money invested by members and installments;

2. Matters concerning reserves, reserve funds, and profits of the mutual aid association;

3. Matters concerning the limit and rate of management of loans and guarantees to members;

4. Raising and management of basic property of the mutual aid association.

Article 35(Accumulation, operation of reserves for compensation of losses) #

(1) The reserves for compensation for losses under Article 27(1) of the Act shall be separately accumulated and operated within the limit of 5/100 of the amount of loans, the amount of debt guarantee, and the amount of performance guarantee.

(2) No reserves for compensation of losses under paragraph (1) shall not be used for any purpose other than compensation for losses incurred in connection with the operation of mutual aid affairs and expenses necessary for the management of such losses.

(3) Except as provided in paragraphs (1) and (2), matters necessary for the accumulation, operation, etc. of the reserves for compensation of losses shall be prescribed by mutual aid regulations.

Article 36(Transfer of title of investments and investment securities) #

(1) The total amount of money invested by a mutual aid association shall be the total face value of contribution accounts in which members have invested.

(2) The mutual aid association shall issue and deliver investment securities indicating the investment to members who have made investments, as prescribed by Decree of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

(3) The amount of one share of investment shall be equal.

(4) Where a person who is or was a member of a mutual aid association intends to transfer his or her share in accordance with Article 29(1) of the Act, he or she shall obtain a transfer of title from the mutual aid association on the investment securities, as prescribed by the articles of association.

(5) Where the mutual aid association acquires equity shares on the grounds provided for in Article 30(1)2 and 3 of the Act, it shall dispose of the equity shares after changing the title of the relevant investment securities into that of the mutual aid association.

Article 37(Reporting and inspection) #

(1) When the Fire Commissioner of the National Fire Agency requests a report under Article 34(1) of the Act, he or she shall do so in writing, specifying the details of materials, the deadline for submission, etc. <Amended on Nov. 19, 2014; Jul. 26, 2017>

(2) The identification card referred to in Article 34(2) of the Act shall be a public official identification card.