Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Act on Fire Investigation by Fire Services and matters necessary for the enforcement thereof.
Article 2(Subject Matters of Fire Investigation) #
The Fire Commissioner of the National Fire Agency, the director general of a firefighting headquarters, or the head of a fire station (hereinafter referred to as the "head of a fire agency or station") shall conduct a fire investigation pursuant to Article 5 of the Act on the Enforcement Decree of Fire Investigation by Fire Services (hereinafter referred to as the "Act") on the following subject matters:
1. A fire that has occurred in an object of fire service under the Framework Act on Firefighting Services;
2. Other fires for which the head of a fire agency or station deems it necessary to conduct a fire investigation.
Article 3(Details and Procedures of Fire Investigation) #
(1) “Matters prescribed by Presidential Decree” in Article 5 (2) 6 of the Act means matters concerning the results of fire safety investigations conducted under Article 7 of the Act on the Prevention of and Safety Control of Fire. <Amended on Nov. 29, 2022>
(2) Fire investigations shall be conducted in accordance with the following procedures:
1. Investigation during a dispatch to the scene: receipt of the outbreak of fire, identification of the situation of a fire during a dispatch, etc.;
2. Investigation into a fire scene: Investigation into the causes of ignition of fire, the status of combustion, and damage conditions, etc.
3. Detailed investigation: Identification and appraisal, and determination of causes of a fire, etc.;
4. Report on results of fire investigations.
(3) Where the head of a fire agency or station conducts a fire investigation, he or she shall cooperate to ensure that fire-related investigations under other Acts, such as forest fire investigations under Article 42 of the Forest Protection Act, be conducted smoothly.
Article 4(Composition and Operation of Department Dedicated to Fire Investigation) #
(1) The head of a fire agency or station shall assign at least two fire investigators to a department dedicated to fire investigation under Article 6 (1) of the Act (hereinafter referred to as "department dedicated to fire investigation"):
(2) A dedicated department shall be equipped with equipment and facilities prescribed by Ordinance of the Ministry of the Interior and Safety, such as identification and appraisal equipment for fire investigation.
(3) Except as otherwise provided for in paragraphs (1) and (2), matters necessary for the composition and operation of a dedicated department shall be prescribed by Ordinance of the Ministry of the Interior and Safety.
Article 5(Qualification Standards for Fire Investigators) #
(1) The fire investigator who conducts a fire investigation pursuant to Article 6 (3) of the Act shall be any of the following firefighting officials:
1. A firefighting official who has passed a fire investigation examination conducted by the Fire Commissioner of the National Fire Agency;
2. A firefighting official who has acquired the qualification of engineer or industrial engineer in the field of fire identification assessment among the fields of duties of national technical qualification under the National Technical Qualifications Act.
(2) The methods and subjects of fire investigation examinations referred to in paragraph (1) 1, and other matters necessary for conducting such examinations shall be prescribed by Ordinance of the Ministry of the Interior and Safety.
Article 6(Education and Training on Fire Investigations) #
(1) The head of a fire agency or station shall conduct education and training for fire investigators according to the following classifications:
1. Specialized education for training fire investigators;
2. Specialized education to improve the professional ability of fire investigators;
3. Compulsory refresher training for fire investigators assigned to a dedicated department.
(2) The head of a fire agency or station may, if necessary, entrust the education and training under paragraph (1) to other fire agencies or stations or specialized institutions related to fire investigations.
(3) Except as provided in paragraphs (1) and (2), matters necessary for education and training on fire investigations shall be prescribed by Ordinance of the Ministry of the Interior and Safety.
Article 7(Composition and Operation of Joint Fire Investigation Team) #
(1) “a large-scale fire, etc. prescribed by Presidential Decree occurs, such as a fire that causes many casualties or draws social attention” in Article 7 (1) of the Act means any of the following fires:
1. A fire which has caused at least five deaths;
2. A fire recognized by the head of a fire agency or station as having a wide range of social and economic impacts caused by a fire.
(2) The members of a joint fire investigation team under Article 7 (1) of the Act (hereinafter referred to as "joint fire investigation team") shall be appointed or commissioned by the head of a fire agency or station from among the following persons:
1. Fire investigators;
2. A firefighting official who has at least three years’ work experience in fire investigations;
3. A person who has served at least three years at a school defined in Article 2 of the Higher Education Act or an educational institution equivalent thereto as an assistant professor or higher in a field related to fire investigation, fire-fighting, safety control, etc.
4. A person who has acquired an industrial engineer or higher qualification in the field of safety management among the fields of duties of national technical qualification under the National Technical Qualifications Act;
5. Other persons who have extensive knowledge of and experience in the field of architecture and safety or fire investigation.
(3) The head of a joint fire investigation team shall be appointed or commissioned by the head of a fire agency or station from among its members.
(4) The head of a fire agency or station may request the head of a relevant administrative agency, institution, or organization to dispatch public officials under his or her jurisdiction or executive officers or employees under his or her jurisdiction for the operation of a joint fire investigation team.
(5) Upon completion of a fire investigation, a joint fire investigation team shall report the results of the fire investigation, including the following matters, to the head of a fire agency or station:
1. Outline of the operation of the joint fire investigation team;
2. Outline of a fire investigation;
3. Matters referred to in the subparagraphs of Article 5 (2) of the Act concerning a fire investigation;
4. Where a fire claimed many human lives, the cause thereof;
5. Problems of the current system and improvement measures;
6. Other matters deemed necessary by the head of a fire agency or station.
(6) The head of a fire agency or station may pay allowances, travel expenses, and other necessary expenses to the head or a member of a joint fire investigation team within budgetary limits: provided, that where a public official participates in direct connection with his or her duties, he or she shall not be paid.
(7) Except as provided in paragraphs (1) through (6), matters necessary for organization, operation, etc. of the joint fire investigation team shall be prescribed by the Fire Commissioner of the National Fire Agency.
Article 8(Notification of Measures to Preserve Fire Scenes) #
Where the head of a fire agency or station or the chief of the competent police station or the chief of a coast guard station (hereinafter referred to as "chief of a police station") takes measures to preserve a fire scene or establishes a controlled area pursuant to Article 8 (1) of the Act, he or she shall notify the following matters to the owner, manager, or occupant (hereinafter referred to as "interested person") of an object of fire service where a fire breaks out (hereinafter referred to as "interested person") and install a sign containing the relevant matters:
1. Reasons for taking preservation measures at a fire scene or establishing a controlled zone, and the subject thereof;
2. Scope of taking preservation measures at a fire scene or establishing a controlled zone;
3. Period of taking preservation measures at a fire scene or establishing a controlled zone.
Article 9(Cancellation of Measures to Preserve Fire Scenes) #
In any of the following cases, the head of a fire agency or station or of a police station shall, without delay, cancel the measures to preserve a fire scene or the establishment of a controlled area under Article 8 (1) of the Act:
1. Where a fire investigation is completed;
2. Where the measures to preserve a fire scene or the establishment of a controlled area are deemed to be irrelevant to the relevant fire investigation.
Article 10(Request for Appearance and Inquiry of Related Persons) #
(1) Where the head of a fire agency or station intends to request the attendance of an interested person, etc. pursuant to Article 10 (1) of the Act, he or she shall notify the interested person, etc. of the following matters by not later than three days before the date of attendance:
1. Date and time and location of attendance;
2. Reasons for requesting attendance;
3. Other matters necessary for fire investigations.
(2) Where an interested person, etc. appears at the designated date and time of attendance pursuant to paragraph (1), he or she may request the head of a fire agency or station to change the date and time of attendance when he or she has any difficulty in performing his or her business affairs or livelihood. In such cases, the head of the fire agency or station may change the date and time of attendance within the extent that he or she can achieve the purpose of the fire investigation.
(3) The head of a fire agency or station may pay allowances and travel expenses to interested persons, etc. who attend a meeting pursuant to Article 10 (1) of the Act:
Article 11(Collection of Evidence for Fire Investigation) #
(1) The head of a fire agency or station may require a fire investigator to collect evidence and conduct an inspection, test, analysis, etc. within the minimum extent necessary for fire investigation pursuant to Article 11 of the Act.
(2) Where the head of a fire agency or station collects evidence pursuant to paragraph (1), he or she shall notify interested persons thereof.
(3) Where evidence collected pursuant to paragraph (1) falls under any of the following subparagraphs, the head of a fire agency or station shall return the evidence without delay:
1. Where it is deemed unrelated to a fire;
2. Where it is no longer necessary to keep evidence, such as the completion of a fire investigation, etc.
(4) Except as provided in paragraphs (1) through (3), matters necessary for the collection and management of evidence shall be prescribed by Ordinance of the Ministry of the Interior and Safety.
Article 12(Standards for Designation of Fire Appraisal Institutions) #
(1) “Standards for designation of facilities, professional human resources, etc. prescribed by Presidential Decree” in Article 17 (1) of the Act means the following standards:
1. It shall be equipped with all of the following facilities capable of conducting fire investigation:
(a) A facility to safely protect articles of evidence, fire investigation equipment, etc.;
(b) A facility for long-term preservation and custody of evidence, etc.;
(c) A facility capable of photographing the process, etc. of identification and appraisal of evidence, and of processing and keeping them in the form of digital files.
2. It shall have professional human resources as specified in the following classifications necessary for fire investigation, respectively:
(a) Main technical human resources: It shall have at least two of the following persons:
(i) A person who has worked in the field related to fire investigation for at least five years after obtaining qualification as an engineer in the field of fire identification assessment among the fields of duties of national technical qualification under the National Technical Qualifications Act;
(ii) A person who has worked in a field related to fire investigations for at least five years after obtaining qualifications as a fire investigator;
(iii) A person who has worked for at least two years in a fire investigation-related field after obtaining a doctorate degree in the field of natural science and engineering.
(b) Main technical human resources: It shall have at least three of the following persons:
(i) A person who has acquired the qualification of engineer or industrial engineer in the field of fire identification assessment among the fields of duties of national technical qualification under the National Technical Qualifications Act;
(ii) A person who has obtained the qualification as a fire investigator;
(iii) A person who holds an international certificate of qualification related to fire investigation recognized by the Fire Commissioner of the National Fire Agency;
(iv) A person who has worked for at least one year in a fire investigation-related field after obtaining a doctorate degree in the field of natural science and engineering.
3. It shall be equipped with identification and appraisal equipment, equipment for collecting evidence, etc. capable of conducting fire investigation.
(2) Detailed standards for facilities, professional human resources, etc. to be equipped by a fire appraisal agency designated pursuant to Article 17 (1) of the Act (hereinafter referred to as "fire appraisal agency") shall be prescribed and publicly notified by the Fire Commissioner of the National Fire Agency.
Article 13(Procedure for Designation of Fire Appraisal Institutions and Revocation Thereof) #
(1) A person who intends to be designated as a fire appraisal institution shall submit an application for designation as a fire appraisal institution prescribed by Ordinance of the Ministry of the Interior and Safety to the Fire Commissioner of the National Fire Agency, along with the following documents. If the Fire Commissioner of the National Fire Agency deems it necessary to supplement the submitted documents, he or she may request the Fire Commissioner of the National Fire Agency to supplement the documents within a specified period necessary for supplementation:
1. Documents on the current status of facilities;
2. Documents on the current status of the organization and human resources (in cases of the current status of human resources, documents verifying qualifications and careers shall be included);
3. Documents concerning the current status of equipment related to fire investigations;
4. Articles of incorporation of a corporation or rules of an organization (applicable only to a corporation or organization).
(2) Where a person who has filed an application for designation as a fire appraisal institution pursuant to paragraph (1) meets the standards for designation under Article 12, the Fire Commissioner of the National Fire Agency shall designate such person as a fire appraisal institution and issue a certificate of designation as a fire appraisal institution prescribed by Ordinance of the Ministry of the Interior and Safety.
(3) "Where he or she violated other matters prescribed by Presidential Decree" in Article 17 (3) 4 of the Act means any of the following:
1. Where he or she refuses to perform the requested appraisal or fails to perform the appraisal for at least one month without good cause;
2. Where he or she has claimed expenses for appraisal by fraud or other improper means.
(4) A fire appraisal institution, the designation of which is revoked pursuant to Article 17 (3) of the Act, shall return the certificate of designation of a fire appraisal institution within 10 days from the date its designation is revoked.
(5) Except as provided in paragraphs (1) through (4), matters necessary for the designation and revocation of designation of a fire appraisal institution shall be prescribed by Ordinance of the Ministry of the Interior and Safety.
Article 14(Operation of National Fire Information System) #
(1) The Fire Commissioner of the National Fire Agency shall collect and manage the following fire information by utilizing the national fire information system under Article 19 (1) of the Act (hereinafter referred to as "national fire information system"):
1. A cause of a fire;
2. Status of a fire damage;
3. Matters concerning response activities;
4. Matters regarding the installation, management, and operational status of firefighting systems, etc.;
5. Matters concerning buildings and structures in which a fire has occurred, fire hazard by fire type, etc.;
6. Matters concerning the implementation, violation, etc. of acts and subordinate statutes related to fire prevention;
7. Matters concerning information on insurance policies of interested persons, etc. under Article 13 (2) of the Act;
8. Other information that can be utilized for fire prevention and firefighting activities.
(2) The head of a fire agency shall record, maintain, and keep fire information referred to in the subparagraphs of paragraph (1) by utilizing the national fire information system.
(3) Except as provided in paragraphs (1) and (2), matters necessary for operation, utilization, etc. of the national fire information system shall be prescribed by the Fire Commissioner of the National Fire Agency.
Article 15(Support for Research and Development Projects) #
Institutions or organizations conducting research, investigations, technology development, etc. related to fire investigations prescribed by Presidential Decree in Article 20 (2) 7 of the Act means fire appraisal institutions.
Article 16(Management of Sensitive Information and Personally Identifiable Information) #
(1) The head of a fire service agency or station may manage data containing information on health under Article 23 (1) of the Personal Information Protection Act, where it is unavoidable to conduct the following administrative affairs:
1. Affairs concerning investigations into the situation of damage to human lives under Article 5 (2) 2 of the Act;
2. Affairs on the operation of the National Fire Information System.
Where it is inevitable for performing affairs on the issuance of a fire certificate , the head of a fire agency or station may process materials including resident registration numbers, passport numbers, driver’s license numbers or foreigner registration numbers prescribed in Article 19 of the Enforcement Decree of the Personal Information Protection Act.
Article 17(Imposition and Collection of Administrative Fines) #
(1) Administrative fines under Article 23 (1) of the Act shall be imposed and collected by the chief of a fire agency or station: provided, that administrative fines for persons who have access to a controlled area established by the chief of a police station without permission in violation of Article 8 (2) of the Act shall be imposed and collected by the chief of a police station.
(2) The criteria for imposition of administrative fines under paragraph (1) of the Act shall be as specified in attached Table.