Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Special Act on the Fact-Finding Investigation and Damage Remedy for Pohang Earthquakes and those necessary for the enforcement of that Act.
Article 2(Composition of Fact-Finding Investigation Committee for Pohang Earthquakes) #
(1) One of the members of the Fact-Finding Investigation Committee for the Pohang Earthquakes (hereinafter referred to as the "Fact-Finding Investigation Committee") under Article 5 of the Special Act on Fact-Finding Investigation of and Damage Remedy for the Pohang Earthquakes (hereinafter referred to as the "Act") shall be appointed as a standing member.
(2) The members of the Fact-Finding Investigation Committee shall be appointed by the Prime Minister from among those who have abundant expertise and experience for conducting the fact-finding investigation of the Pohang earthquakes, who fall within any of the following subparagraphs:
1. A current or former judge, prosecutor, military judge advocate, or attorney-at-law with at least 10 years' experience;
2. A current or former professor, associate professor, or assistant professor at a university or college with at least 10 years' experience in teaching subjects relating to geology, ground, geothermal power generation, accident or disaster management, safety control, public administration, or jurisprudence;
3. A person who is or was engaged in the field related to accident or disaster management and safety control for at least 10 years;
4. A person who is or was engaged in the field related to geology, ground, or geothermal power generation for at least 10 years;
5. A person who has abundant knowledge and experience in the planning, selection, and evaluation of national research and development projects.
Article 3(Duties of chairperson of Fact-Finding Investigation Committee) #
(1) The chairperson of the Fact-Finding Investigation Committee shall represent the Fact-Finding Investigation Committee and exercise overall control over its business affairs.
(2) Where the chairperson of the Fact-Finding Investigation Committee is unable to perform his or her duties due to any unavoidable cause, a standing member of the Fact-Finding Investigation Committee shall act on behalf of the chairperson, and where both the chairperson and the standing member are unable to perform their duties due to unavoidable causes, a member of the Fact-Finding Investigation Committee designated in advance by the chairperson shall act on behalf of the chairperson.
Article 4(Independence in performing duties and guarantee of status of members of Fact-Finding Investigation Committee) #
(1) The members of the Fact-Finding Investigation Committee shall perform their duties independently without external instructions or interference.
No member of the Fact-Finding Investigation Committee shall be removed from office against his or her will, except in any of the following cases:
1. Where a member becomes unable to perform his or her duties due to mental or physical disability;
2. Where a member is deemed inappropriate to maintain a member's position due to any misconduct related to the duties of the Fact-Finding Investigation Committee;
3. Where a member was sentenced to imprisonment without labor or heavier punishment and 5 years have not passed since the execution of the sentence was completed or the member was exempt from the sentence (including where the execution of the sentence is deemed completed);
Article 5(Exclusion of, challenge to, and refrainment by member of Fact-Finding Investigation Committee) #
(1) If a member of the Fact-Finding Investigation Committee or his or her current or former spouse is or was a relative (referring to a relative under Article 777 of the civil act) of a person subject to investigation, he or she shall be excluded from deliberation and resolution on matters related to the person subject to investigation.
(2) Where a person subject to investigation or an applicant for investigation finds it impracticable to expect a fair deliberation and resolution from a member of the Fact-Finding Investigation Committee, he or she may file a request for challenge to the member with the Fact-Finding Investigation Committee, and the Fact-Finding Investigation Committee shall decide whether to accept the request by resolution. In such cases, the member subject to the challenge shall not participate in the resolution.
(3) Where a member of the Fact-Finding Investigation Committee finds that he or she is subject to exclusion for the ground specified in paragraph (1), he or she shall voluntarily refrain himself or herself from deliberation and resolution on the relevant agenda item, or finds that he or she is subject to falls under any of the grounds referred to in paragraph (2), he or she may voluntarily refrain from deliberation and resolution on the relevant agenda item.
Article 6(Convocation of meetings of Fact-Finding Investigation Committee and quorum for resolution) #
(1) The chairperson of the Fact-Finding Investigation Committee shall convene and preside over meetings of the Committee.
(2) A majority of the members of the Fact-Finding Investigation Committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of at least a majority of those present.
Article 7(Opening of meetings of Fact-Finding Investigation Committee to public) #
(1) Meetings of the Fact-Finding Investigation Committee shall be open to the public; provided, the Fact-Finding Investigation Committee may close a meeting to the public if deemed necessary.
(2) Open meetings to the public under paragraph (1) shall be made by means of the disclosure of minutes, observation of meetings, broadcasts, or relay through the Internet.
(3) Except as provided for in paragraphs (1) and (2), matters necessary for opening meetings to the public shall be prescribed by rules of the Fact-Finding Investigation Committee.
Article 8(Establishment of advisory organization) #
(1) The Fact-Finding Investigation Committee may establish an advisory organization, if necessary, in order to efficiently perform its duties.
(2) Members of the advisory organization under paragraph (1) shall be commissioned by the chairperson of the Fact-Finding Investigation Committee following a resolution by the Fact-Finding Investigation Committee.
(3) Except as provided for in paragraphs (1) and (2), matters necessary for the composition and operation of an advisory organization shall be prescribed by rules of the Fact-Finding Investigation Committee.
Article 9(Composition of Deliberation Committee for Remedy for Damages of Pohang Earthquakes) #
(1) The term of office of the members of the Deliberation Committee for Remedy for Damages of Pohang Earthquakes (hereinafter referred to as the "Deliberation Committee") under Article 13 of the Act shall be 2 years.
(2) The members of the Deliberation Committee shall be appointed by the Prime Minister from among those who have abundant expertise and experience in remedying the damage caused by the Pohang earthquakes, who fall within any of the following subparagraphs: <Amended on Oct. 1, 2025>
1. A current or former judge, prosecutor, military judge advocate, or attorney-at-law with at least 10 years' experience;
2. A current or former professor, associate professor, or assistant professor at a university or college with at least 10 years' experience in teaching subjects relating to public administration, jurisprudence, or disaster relief;
3. A person with abundant knowledge and experience in the fields related to disaster relief;
4. A medical specialist or a forensic medical expert in a specialized subject related to health damage caused by earthquakes, such as the department of psychiatry;
5. Members of the Senior Executive Service of the Ministry of Economy and Finance, the Ministry of the Interior and Safety, the Ministry of Climate, Energy and Environment, or the Office for Government Policy Coordination.
(3) Where the Deliberation Committee deliberates on matters related to Article 13 (2) 2 of the Act, it shall hear opinions of relevant local governments in advance.
Article 10(Provisions applicable mutatis mutandis) #
The provisions of Articles 3 through 8 shall apply mutatis mutandis to the operation of the Deliberation Committee. In such cases, the "Fact-Finding Investigation Committee" shall be construed as the "Deliberation Committee"; "a standing member of the Fact-Finding Investigation Committee shall act on behalf of the chairperson, and where both the chairperson and the standing member are unable to perform their duties due to unavoidable reasons, a member of the Fact-Finding Investigation Committee designated in advance by the chairperson" in Article 3 (2) as "a member of the Deliberation Committee designated in advance by the chairperson"; "a person subject to investigation" in Article 5 (1) and "a person subject to investigation and an applicant for investigation" in paragraph (2) of that Article shall be respectively construed as "a person who intends to be recognized as suffering damage caused by the Pohang Earthquakes". <Amended on September 1, 2020>
Article 11(Persons eligible for support for remedying damages) #
Persons eligible for support for remedying damages under Article 14 of the Act shall be any of the following persons: <Amended on Jun. 25, 2021>
1. A person who dies or suffers injury (including disease caused by injury; hereinafter the same shall apply) due to the Pohang earthquakes;
2. A person who suffers property damage under subparagraphs 1 and 2 of Appendix 2 due to the Pohang earthquakes.
[This Article Added on Sep. 1, 2020]
[Previous Article 11 moved to Article 18 <Sep. 1, 2020>]
Article 12(Scope of subsidies and criteria for determining subsidies) #
(1) The scope of subsidies for damage remedy to be provided to persons falling within subparagraph 1 of Article 11 (hereinafter referred to as "subsidies") shall be as follows:
1. Medical treatment expenses;
2. Funeral expenses;
3. Medical care and living expenses;
4. Financial assistance for death or disability.
(2) The scope of subsidies provided to persons falling within subparagraph 2 of Article 11 shall be as follows:
1. The amount of damage caused by the loss of or damage to property;
2. Fixed expenses for the period of discontinuation of business;
3. Temporary housing expenses.
(3) The criteria for determining subsidies under the subparagraphs of paragraph (1) shall be as specified in Appendix 1.
(4) The criteria for determining subsidies under the subparagraphs of paragraph (2) shall be as specified in Appendix 2.
[This Article Added on Sep. 1, 2020]
[Previous Article 12 moved to Article 19 <Sep. 1, 2020>]
Article 12-2(Sharing ratio of funds of subsidies) #
The sharing ratio of the funds of subsidies under Article 14 (2) of the Act (Where compensation for damage, indemnification, subsidies, or such under Article 34 (2) of the Act has been received or is determined to be received, referring to the funds for paying the amount excluding the amount of subsidies under Article 14 (1) of the Act) shall be as follows:
1. The State: 80/100;
2. Related Local governments: 20/100 (if there are 2 or more related local governments, the apportionment ratio shall be determined through consultations between the related local governments).
[This Article Added on Apr. 16, 2021]
Article 13(Application for recognition of victims and payment of subsidies) #
(1) A person who intends to be recognized as suffering damage caused by the Pohang earthquakes or to apply for the payment of subsidies pursuant to Article 16 (1) of the Act (hereinafter referred to as "applicant") shall submit to the Deliberation Committee an application for the recognition of victims and the payment of subsidies in attached Form 1 along with the following documents:
1. One copy of a document proving that the applicant falls within subparagraph 2 of Article 2 of the Act;
2. One copy of each document proving the fact of damage caused by the Pohang earthquakes, the amount of damage;
3. A proof document, such as identification certificate under Article 15 (1) 2 of the Act on the Registration of Family Relations, proving that the applicant is the legal representative under the proviso of paragraph (3) (Which applies only where the legal representative files the application on behalf of the applicant pursuant to the proviso of paragraph (3));
4. A proof document, such as a family relation certificate under Article 15 (1) 1 of the Act on the Registration of Family Relations, proving that the applicant is the bereaved family member under the proviso of paragraph (3) (Which applies only where the bereaved family member files the application pursuant to the proviso of paragraph (3));
5. A power of attorney in the attached Form 2 (Which applies only where an agent is appointed in accordance with paragraph (4));
6. One copy of the bankbook of a financial institution to which subsidies are to be paid (Which applies only where an application for the payment of subsidies is filed).
(2) Upon receipt of an application under paragraph (1), the Deliberation Committee shall verify the certified copy of the resident registration card of the applicant through administrative data matching under Article 36 (1) of the Electronic Government Act; provided, if the applicant does not consent to such verification, the certified copy must be attached to the application.
(3) A person who intends to be recognized as a victim shall file an application under paragraph (1) in person; provided, if the principal is a minor, his or her legal representative may file an application on his or her behalf; and if the principal is deceased, his or her bereaved family member (In accordance with the order of inheritance of property under the civil act, but if there are 2 or more bereaved family members in the same order of priority, the representative of the bereaved family members selected from among them) shall file an application.
Article 14(Fact-finding investigation for recognition of victims) #
(1) Where the Deliberation Committee determines whether to recognize a victim pursuant to Article 16 (3) of the Act, it shall conduct a necessary fact-finding investigation by means of visiting sites of damage, interviewing the applicant; provided, in any of the following cases, a fact-finding investigation may be conducted only with submitted documents:
1. Where it is possible to verify the fact of damage and the amount of damage based only on the documents submitted;
2. Where the damages do not exceed a certain amount determined by the Deliberation Committee;
3. Where the applicant has received some of the following damage recovery expenses paid by the State or the local government:
(a) Subsidies for management expenses of multi-family housing as prescribed by ordinance of Pohang-si under the delegation under Article 85 (1) of the Multi-Family Housing Management Act;
(b) Expenses for restoration projects for kindergartens, elementary schools, middle schools, and high schools among private schools under subparagraph 1 of Article 2 of the Private School Act under Article 66 (3) of the Framework Act on the Management of Disasters and Safety.
(2) Where the Deliberation Committee conducts a fact-finding investigation under paragraph (1), it may utilize data, such as a report on damage from natural disasters reported pursuant to Article 9 (2) and (3) of the Regulations on the Standards for Payment of Expenses for Natural Disaster Relief and Recovery at the time of the Pohang earthquakes, and the on-site investigation ledger prepared by Pohang-si. <Amended on Jun. 1, 2021>
[This Article Added on Sep. 1, 2020]
[Previous Article 14 moved to Article 21 <Sep. 1, 2020>]
Article 15(Decision and service of written decision) #
(1) When the Deliberative Committee determines whether to recognize a victim and to grant subsidies pursuant to Article 16 (3) of the Act, it shall prepare a written decision on recognition of a victim and the payment of subsidies in attached Form 3, stating the following matters. In such cases, it shall affix the official seal of the Deliberative Committee:
1. The name, address, and date of birth of the applicant;
2. Text of Decision;
3. Grounds for decision;
4. Date of decision.
(2) When the Deliberation Committee prepares a written decision under paragraph (1), it shall, without delay, serve on the applicant (referring to an agent if an agent is appointed), along with the authentic copy of the written decision, in the notification of decision on recognition of victims and payment of subsidies in attached Form 4, attached with the authentic copy of the written decision.
[This Article Added on Sep. 1, 2020]
[Previous Article 15 moved to Article 22 <Sep. 1, 2020>]
Article 15-2(Redeliberation) #
(1) A person who intends to file an application for redeliberation pursuant to Article 16-2 (1) of the Act shall submit an application for redeliberation on the recognition of victims and payment of subsidies in attached Form 5 to the Deliberation Committee, along with documents proving the grounds for the application for redeliberation.
(2) The Deliberation Committee that has made a decision on redeliberation pursuant to Article 16-2 (2) of the Act shall prepare a written decision on redeliberation on the recognition of victims and the payment of subsidies in attached Form 6, stating the following matters:
1. The name, address, and date of birth of the applicant;
2. Text of Decision;
3. Grounds for decision;
4. Date of decision.
(2) When the Deliberation Committee prepares a written decision under paragraph (2), it shall, without delay, serve on the applicant (referring to an agent if an agent is appointed), along with the authentic copy of the written decision, in the notification of decision on recognition of victims and payment of subsidies in attached Form 7, attached with the authentic copy of the written decision.
[This Article Added on Apr. 16, 2021]
Article 16(Payment of subsidies) #
(1) The Deliberation Committee shall pay subsidies to victims within 1 month from the date on which a notice of determination under Article 15 (2) is served. <Amended on Apr. 16, 2021>
(2) Where there exists an additional amount to be paid to a victim in accordance with a decision on redeliberation under Article 16-2 (2) of the Act, the Deliberation Committee shall pay such amount to the victim within 1 month from the date on which a notice of decision on redeliberation under Article 15-2 (3) is served. <Added on Apr. 16, 2021>
[This Article Added on Sep. 1, 2020]
[Previous Article 16 moved to Article 23 <Sep. 1, 2020>]
Article 17(Support for economic revitalization and community recovery) #
The State shall consult with relevant local governments and hear the opinions of the Deliberation Committee when preparing special support measures for the revitalization of the economy of Pohang-si and the recovery of community under Article 18 of the Act.
[This Article Added on Sep. 1, 2020]
Article 18(Support for implementation of community recovery programs) #
(1) Programs for which the State and relevant local governments (hereinafter referred to as "the state") may fully or partially subsidize expenses pursuant to Article 20 (2) of the Act shall be as follows:
1. Education related to community recovery;
2. Various kinds of counseling and advice for community recovery;
3. Other programs deemed necessary by the Deliberation Committee for the psychological stability and community recovery of victims and residents of Pohang-si.
(2) The period during which the State may fully or partially subsidize expenses incurred in implementing the programs under paragraph (1) pursuant to Article 20 (2) of the Act shall be 3 years, but the period of subsidization may be extended by a resolution of the Deliberation Committee.
(3) Except as prescribed in paragraphs (1) and (2), matters necessary for supporting programs under Article 20 (2) of the Act shall be determined by a resolution of the Deliberation Committee.
[Moved from Article 11 <Sep. 1, 2020>]
Article 19(Establishment of Pohang Trauma Center) #
(1) The Pohang Trauma Center under Article 22 of the Act (hereinafter referred to as the "pohang trauma center") shall be established in Pohang-si.
(2) The Pohang Trauma Center shall perform the following projects:
1. Development and operation of personal counseling and group programs, such as psychological counseling for psychological stability and social adaptation of victims;
2. Examination of psychological symptoms, mental illness of victims, and investigation and research on trauma;
3. Early detection of and response to post-traumatic stress disorder, suicide impulse caused by the Pohang earthquakes;
4. Continuous management of persons highly likely to cause mental disease caused by the Pohang earthquakes;
5. Construction of a network with medical institutions and relevant institutions for the projects under subparagraphs 1 through 4;
6. Other various education and public relations for psychological recovery of victims
(3) The Pohang Trauma Center shall have at least 1 psychiatrist specialized in mental health and may have human resources necessary to conduct projects, such as mental health specialists under Article 17 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients and social welfare workers under Article 11 of the Social Welfare Services Act.
(4) The State may entrust the operation of the Pohang Trauma Center to any of the following institutions or organizations:
1. A mental health improvement facility defined in subparagraph 4 of Article 3 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients;
2. A school classified under Article 2 of the Higher Education Act;
3. A non-profit corporation established to conduct mental health projects.
(5) Where the State entrusts the operation of the Pohang Trauma Center pursuant to paragraph (4), the State shall publicly notify the entrusted institution or organization and the details of entrusted affairs.
[Moved from Article 12 <Sep. 1, 2020>]
Article 20(Disaster prevention education projects) #
"Projects prescribed by Presidential Decree" in Article 23 of the Act means the following projects:
1. Installation and operation of earthquake preparedness training facilities and safety education facilities;
2. Collection and retention of data related to the Pohang earthquakes;
3. Operation of earthquake disaster prevention and education programs;
4. Other projects necessary for disaster prevention education and inspiring safety awareness.
[Moved from Article 13 <Sep. 1, 2020>]
Article 21(Composition and operation of secretariat) #
(1) The name of the Secretariat under Article 25 of the Act shall be the "Support Group for Investigating the Truth of the Pohang Earthquakes and Remedying Damage" (hereinafter referred to as the "support group").
(2) The head of the Support Group shall be appointed from among public officials in general service of the Senior Executive Service, and the class of duties of the relevant position shall be Grade B.
(3) The head of the Support Group shall, under the direction of the chairperson of the Fact-Finding Investigation Committee and the chairperson of the Deliberation Committee, exercise overall control over the affairs under his or her jurisdiction, and direct and supervise the staff members under his or her control.
(4) The staff of the Support Group shall be comprised of public officials or executive officers and employees dispatched from related agencies, corporations, or organizations.
(5) The Support Group shall handle the following duties:
1. Operation of the Fact-Finding Investigation Committee and the Deliberation Committee;
2. Support for fact-finding investigation activities, such as receipt of applications for fact-finding investigation;
3. Support for the improvement of systems and policies related to the Pohang earthquakes and the preparation of countermeasures;
4. Support for affairs related to remedy for damage, such as receipt of applications for recognition of victims, and payment of subsidies for remedy for damage under Article 14 of the Act;
5. Support for the implementation and check-up of remedies for damage of and subsidizing support measures for victims and Pohang-si;
6. Other matters necessary for conducting affairs of the fact-finding investigation committee and the deliberation committee.
(6) Except as provided for in paragraphs (1) through (5), matters necessary for the affairs, composition, and operation of the Support Group shall be prescribed by the Rules of the Fact-Finding Investigation Committee or the Rules of the Deliberation Committee.
[Moved from Article 14 <Sep. 1, 2020>]
Article 22(Method of recovery of unjust enrichment) #
(1) Where the State recovers unjust enrichment pursuant to Article 35 (1) of the Act, the State shall notify the person who has received the subsidy, specifying the fact of the unjust enrichment, the amount of the unjust enrichment and the basis for calculating the amount, the payment deadline, the payment account, the method of filing an objection, and others.
(2) When the person who has been notified pursuant to paragraph (1) fails to fully pay the amount of unjust enrichment by the payment deadline, the State shall urge him or her to pay unjust enrichment within a fixed period not exceeding 30 days.
[Moved from Article 15 <Sep. 1, 2020>]
Article 23(Criteria for imposing administrative fines) #
The criteria for imposing administrative fines under Article 38 (1) and (2) of the Act shall be as specified in Appendix 3. <Amended on Sep. 1, 2020>
[Moved from Article 16 <Sep. 1, 2020>]
Article 24(Processing of personally identifiable information) #
The Deliberation Committee (including a person to whom relevant authority is delegated or entrusted if the relevant authority is delegated or entrusted) may process data containing resident registration numbers, passport numbers, or alien registration numbers under subparagraph 1, 2, or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is essential for conducting affairs regarding the recognition of victims and determination of subsidies under Article 16 of the Act.
[This Article Added on Sep. 1, 2020]