ACT ON MANAGEMENT OF DISASTER MANAGEMENT RESOURCES

영문법령 불러오는 중…

ACT ON MANAGEMENT OF DISASTER MANAGEMENT RESOURCES — 법갈피

Article 29(Stockpiling and Management Standards for Disaster Management Commodities) #

(1) The Minister of the Interior and Safety shall establish the following standards (hereinafter referred to as "stockpiling and management standards") for the major disaster management commodities, as prescribed by Presidential Decree, and shall notify such standards to the heads of management agencies:

1. The standards for fixing the number of the relevant commodities;

2. The useful life of the relevant commodities;

3. The inventory control standards;

4. Other standards deemed necessary by the Minister of the Interior and Safety for the stockpiling and management of the major disaster management commodities.

(2) With regard to disaster management commodities for which no stockpiling and management standards have been established, the head of a management agency shall establish and operate the in-house stockpiling and management standards. In such cases, information on such in-house standards shall be entered into the integrated management system for disaster management resources under Article 46.

(3) A resource management officer shall stockpile and manage disaster management commodities under his or her jurisdiction in accordance with the stockpiling and management standards, with approval therefor from the head of a management agency to which he or she belongs.

(4) The Minister of the Interior and Safety may adjust the stockpiling and management standards as prescribed by Presidential Decree, in any of the following cases:

1. Where the head of a management agency requests the stockpiling and management standards to be adjusted;

2. Where the Minister of the Interior and Safety deems it necessary to adjust the stockpiling and management standards.

(5) In order to establish stockpiling and management standards, the Minister of the Interior and Safety may require the head of an affiliated agency prescribed by Presidential Decree, which is in charge of the matters regarding disaster and safety policies and the research and development of related technologies, to research and develop stockpiling and management standards.

Article 30(Inventory Inspections on Disaster Management Commodities) #

(1) The head of a management agency shall conduct a regular or occasional inventory inspection on the disaster management commodities stockpiled and managed, as prescribed by Presidential Decree, and shall submit a report on the inventory inspection results to the heads of institutions as classified in the subparagraphs of Article 28 (1).

(2) The Minister of the Interior and Safety and a Mayor/Do Governor may conduct a special inventory inspection on the disaster management commodities of a management agency, as prescribed by Presidential Decree. In such cases, a special inventory inspection conducted by a Mayor/Do Governor shall be limited to the disaster management commodities of a Si/Gun/Gu and affiliated or subordinate institutions, etc. under his or her jurisdiction.

(3) Where the head of management agency, the Minister of the Interior and Safety, or a Mayor/Do Governor finds any disaster management commodity damaged or lost upon an inventory inspection or a special inventory inspection under paragraph (1) or the former part of paragraph (2), he or she shall give written notice of the results of follow-ups to such findings to the Board of Audit and Inspection without delay: Provided, That this shall not apply to a management agency that is not subject to audit or inspection by the Board of Audit and Inspection under the Board of Audit and Inspection Act.

(4) Where it is found that there is any increase or decrease in disaster management commodities upon an inventory inspection or a special inventory inspection under paragraph (1) or the former part of paragraph (2), which is evidently due to a clerical error, the head of the relevant management agency may make an adjustment thereof, as prescribed by Presidential Decree.

(5) Where a resource management officer deems it necessary for the efficient use and disposal, etc. of disaster management commodities, he or she may transfer disaster management commodities under his or her jurisdiction to another resource management officer's jurisdiction, as prescribed by Presidential Decree.

Article 32(Acquisition of Disaster Management Commodities) #

(1) A resource management officer shall request a public official, etc. in charge of contracts to take measures necessary to acquire disaster management commodities, within the scope of a stockpiling and management plan for disaster management commodities formulated pursuant to Article 28 (1) for the disaster management commodities determined in such plan, or whenever necessary as prescribed by Presidential Decree for other disaster management commodities.

(2) Where a disaster is likely to occur or occurs and therefore it is deemed necessary for emergency preparation, response, recovery, etc., a resource management officer may request a public official, etc. in charge of contracts to give priority to acquiring disaster management commodities of a national disaster management assisting enterprise or a local disaster management assisting enterprise by a negotiated contract. In such cases, the procedures, methods, etc. for negotiated contracts shall be governed by the relevant statutes and regulations, including the Act on Contracts to Which the State Is a Party and the Act on Contracts to Which a Local Government Is a Party.

(3) Upon receipt of a request under paragraphs (1) and (2), a public official, etc. in charge of contracts shall take measures necessary to acquire the relevant disaster management commodities within the budget, as prescribed by Presidential Decree.

(4) No disaster management commodities shall be acquired without passing inspection by the relevant public officials, etc. or technicians designated by the head of a management agency or public officials, etc. delegated with the authority of such head: Provided, That this shall not apply to emergency measures under Article 37 of the Framework Act.

(5) Where a resource management officer intends to purchase disaster management commodities and if such commodities with the same item name are under inquiry by another resource management officer about any other agency's intention of acquisition for the purpose of transferring management thereof and it is deemed possible to achieve the relevant business purposes for disaster management through the acquisition thereof, he or she shall acquire the commodities under inquiry by the transfer of management.

Article 33(Principles of Storage, Acquisition, and Disbursements of Disaster Management Commodities) #

(1) A resource management officer shall store disaster management commodities in a stockpile facility prescribed by Presidential Decree of a management agency to which he or she belongs, so that they can be ready for use or disposal at all times: Provided, That where it is deemed inappropriate to store disaster management commodities in such stockpile facility in view of the use or disposal of such commodities or otherwise there are any special circumstances, they may be stored in any of the following facilities or warehouses:

1. Stockpile facilities of other management agencies;

2. Logistics facilities or logistics warehouses of national disaster management assisting enterprises or local disaster management assisting enterprises;

3. Logistics facilities or logistics warehouses of national disaster management logistics enterprises;

4. Other facilities or warehouses recognized by the head of a management agency to which the resource management officer belongs.

(2) Where a resource management officer intends to have disaster management commodities acquired or disbursed, he or she shall order the relevant resource accounting officer to acquire or disburse such disaster management commodities, specifying the categories of such commodities to be acquired or disbursed.

(3) No resource accounting officer may acquire or disburse disaster management commodities unless an order under paragraph (2) is issued.

(4) Where a resource accounting officer deems that some of disaster management commodities being stored in a stockpile facility, etc. under paragraph (1) (excluding disaster management commodities returned according to an order issued pursuant to Article 34 (3)) cannot be used or require repair or modification, he or she shall give a report thereon to the relevant resource management officer.

(5) Where a resource management officer deems that any disaster management commodity requires repair or modification based on a report under paragraph (4) or Article 34 (2), he or she shall request a public official, etc. in charge of contracts or any other relevant public official, etc. to take necessary measures for such repair or modification.

(6) Except as provided in paragraphs (1) through (5), matters necessary for taking measures to store, acquire, disburse, repair, or modify disaster management commodities shall be prescribed by Presidential Decree.

Article 46(Establishment and Operation of Integrated Management System for Disaster Management Resources) #

(1) The Minister of the Interior and Safety may establish and operate an integrated management system for disaster management resources (hereinafter referred to as "integrated resource management system") to manage the following information related to disaster management resources:

1. Information on the establishment of the supply chain management system and the disaster management logistics system;

2. Current status of designation of national disaster management assisting enterprises;

3. Current status of designation of local disaster management assisting enterprises;

4. Current status of designation of national disaster management logistics enterprises;

5. Information on resource management officers, resource accounting officers, and resource operating officers;

6. Persons required to receive specialized education and current status of their completion of such education;

7. Information on the history of management of disaster management commodities;

8. Information on the history of management of disaster management property;

9. Information on the history of management of disaster management human resources;

10. Information on the history of mobilization of disaster management resources;

11. Other information prescribed by Ordinance of the Ministry of the Interior and Safety, which is related to disaster management resources.

(2) If deemed necessary for the establishment and operation of the integrated resource management system, the Minister of the Interior and Safety may request a supplier, a logistics enterprise, a management agency, and the relevant administrative agency to submit materials necessary to establish and operate the integrated resource management system. Upon receipt of such request, the relevant person shall comply therewith unless there is a compelling reason not to do so.

(3) The Minister of the Interior and Safety may provide information in the integrated resource management system to a national disaster management assisting enterprise, a national disaster management logistics enterprise, a local disaster management assisting enterprise, a management agency, the relevant administrative agency, etc., or may disclose some information to the public, if necessary.

(4) Except as provided in paragraphs (1) through (3), matters necessary to establish and operate the integrated resource management system shall be prescribed by Presidential Decree.

Article 63(Penalty Provisions) #

(1) A person who exports any disaster management resources or ships them out of the Republic of Korea in violation of Article 15 (1) shall be punished by imprisonment with labor for up to five years or by a fine not exceeding 50 million won.

(2) Any of the following persons shall be punished by imprisonment with labor for up to three years or by a fine not exceeding 30 million won:

1. A person who attaches or uses a mark indicating a national disaster management assisting enterprise, in violation of Article 9 (3);

2. A person who attaches or uses a mark indicating a local disaster management assisting enterprise, in violation of Article 12 (3);

3. A person who attaches or uses a mark indicating a national disaster management logistics enterprise, in violation of Article 17 (3);

4. A person who divulges any confidential information regarding the management of disaster management resources or uses it for any purpose other than for the enforcement of this Act, in violation of Article 57.

(3) Any of the following persons shall be punished by imprisonment with labor for up to one year or by a fine not exceeding 10 million won:

1. A person who fails to receive a notice stating the duties of a national disaster management assisting enterprise under Article 9 (2) without good cause or who makes the notice invalid by damaging it or by any other means;

2. A person who fails to receive a notice stating the duties of a local disaster management assisting enterprise under Article 12 (2) without good cause or who makes the notice invalid by damaging it or by any other means;

3. A person who fails to receive a notice stating the duties of a national disaster management logistics enterprise under Article 17 (2) without good cause or who makes the notice invalid by damaging it or by any other means;

4. A person who violates a mobilization order issued by a Mayor/Do Governor under Article 50 (1) without good cause;

5. A person who violates a mobilization order issued by the head of the Central Disaster and Safety Countermeasure Headquarters under Article 51 (1);

6. A person who violates a mobilization order issued by the head of the central disaster management headquarters under Article 52 without good cause.

ACT ON MANAGEMENT OF DISASTER MANAGEMENT RESOURCES

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Responsibilities of the State) #

Article 4(Overall Control and Coordination of Business Affairs regarding Management of Disaster Management Resources) #

Article 5(Relationship to Other Statutes) #

Article 6(Establishment of Supply Chain Management System) #

Article 7(Surveys on Supply Chain Management Information) #

Article 8(Entering Supply Chain Management Information) #

Article 9(Designation of National Disaster Management Assisting Enterprises) #

Article 10(Preparedness Measures for National Disaster Management Assisting Enterprises) #

Article 11(Cancellation of Designation of National Disaster Management Assisting Enterprises) #

Article 12(Designation of Local Disaster Management Assisting Enterprises) #

Article 13(Preparedness Measures for Local Disaster Management Assisting Enterprises) #

Article 14(Cancellation of Designation of Local Disaster Management Assisting Enterprises) #

Article 15(Prohibition of Export) #

Article 16(Establishment of Disaster Management Logistics System) #

Article 17(Designation of National Disaster Management Logistics Enterprises) #

Article 18(Preparedness Measures for National Disaster Management Logistics Enterprises) #

Article 19(Cancellation of Designation of National Disaster Management Logistics Enterprises) #

Article 20(Resource Management Officers) #

Article 21(Resource Accounting Officers) #

Article 22(Resource Operating Officers) #

Article 23(Taking Partial Charge of Business Affairs of, and Acting for, Management Agencies) #

Article 24(Education of Resource Management Officers) #

Article 25(Classification of Disaster Management Commodities) #

Article 26(Standardization of Disaster Management Commodities) #

Article 27(Consultation on Matters regarding Disaster Management Commodities) #

Article 28(Stockpiling and Management Plans for Disaster Management Commodities) #

Article 29(Stockpiling and Management Standards for Disaster Management Commodities) #

Article 30(Inventory Inspections on Disaster Management Commodities) #

Article 31(Maintenance of Disaster Management Commodities) #

Article 32(Acquisition of Disaster Management Commodities) #

Article 33(Principles of Storage, Acquisition, and Disbursements of Disaster Management Commodities) #

Article 34(Use and Return of Disaster Management Commodities) #

Article 35(Exchange and Lease of Disaster Management Commodities) #

Article 36(Decision on Disuse of Disaster Management Commodities) #

Article 37(Sale of Disaster Management Commodities) #

Article 38(Request for Sale of Commodities in Disuse) #

Article 39(Transfer of Commodities in Disuse) #

Article 40(Follow-Up Measures for Disaster Management Commodities Lost or Damaged) #

Article 41(Management Plans for Disaster Management Property) #

Article 42(Principles of Management of Disaster Management Human Resources) #

Article 43(Management Plans for Disaster Management Human Resources) #

Article 44(Integrated Management of City/Do Disaster Management Resources) #

Article 45(Establishment and Operation of Local Integrated Management Centers for Disaster Management Resources) #

Article 46(Establishment and Operation of Integrated Management System for Disaster Management Resources) #

Article 47(Establishment and Operation of National Integrated Management Information Center for Disaster Management Resources) #

Article 48(Revocation of Designation of Institution Operating Information Center) #

Article 49(Measures for Mobilization of Disaster Management Resources) #

Article 50(Order of Mobilization by Mayor/Do Governor) #

Article 51(Order of Mobilization by Head of Central Disaster and Safety Countermeasure Headquarters) #

Article 52(Order of Mobilization by Head of Central Disaster Management Headquarters) #

Article 53(Principle of Bearing Expenses) #

Article 54(Compensation for Loss and Medical Treatment) #

Article 55(Mobilization Drills for Disaster Management Resources) #

Article 56(Obligations of Disaster Management Supervision Agencies) #

Article 57(Duty of Confidentiality) #

Article 58(Guidance and Supervision) #

Article 59(Reporting and Inspection) #

Article 60(Hearings) #

Article 61(Delegation and Entrustment of Authority) #

Article 62(Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) #

Article 63(Penalty Provisions) #

Article 64(Joint Penalty Provisions) #

Article 65(Administrative Fines) #