Overseas Emergency Relief Act


Published: 2011-07-14

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month, or Get a Day Pass for only USD$9.99.
law view
 Article 1 (Purpose)   print
The purpose of this Act is to contribute to providing rapid rescue and relief to disaster-affected countries when overseas disasters occur, by prescribing the matters necessary for overseas emergency relief, such as dispatch of emergency relief teams, provision of emergency relief supplies, support for interim recovery from disasters, etc.
law view
 Article 2 (Definitions)   print
The terms used in this Act shall be defined as follows: <Amended by Act No. 10819, Jul. 14, 2011>
1. The term "overseas disaster" means a great deal of damage to property and physical suffering, which are caused by natural disasters, man-made disasters, other calamities or accidents in areas outside the territory of the Republic of Korea;
2. The term "overseas emergency relief" means all activities of providing emergency support to affected countries at governmental level, such as mitigation of or recovery from damage caused by overseas disasters, rescue of human lives, or medical relief work.
law view
 Article 3 (Relationship with other Acts)   print
With respect to overseas emergency relief, this Act shall take precedence over other Acts.
law view
 Article 4 (Basic Principle of Overseas Emergency Relief)   print
The Government shall, based on humanitarianism, carry out swift and effective overseas emergency relief in close cooperation with affected countries or international organizations, upon request from the affected countries, taking into account the international and economic standing of the Republic of Korea.<Amended by Act No. 10819, Jul. 14, 2011>
law view
 Article 5 (Types of Overseas Emergency Relief)   print
Overseas emergency relief shall encompass the following activities: <Amended by Act No. 10819, Jul. 14, 2011>
1. Dispatch of overseas emergency relief teams;
2. Provision of relief supplies and equipment, including medical facilities;
3. Support by cash;
4. Health care activities;
5. Support for transportation;
6. Interim recovery from disasters;
7. Other matters prescribed by Presidential Decree.
law view
 Article 6 (Establishment, etc. of Basic Measures for Overseas Emergency Relief)   print
(1) The Minister of Foreign Affairs and Trade shall establish basic measures for overseas emergency relief, including the following matters, in preparation for overseas disasters every two years based on the type, scale, and nature of disasters, subject to deliberation by the public and private joint council for overseas emergency relief under Article 8 (1): <Amended by Act No. 10819, Jul. 14, 2011>
1. Organization of an overseas emergency relief team;
2. Scouting, supporting, educating and training overseas emergency relief personnel;
3. Reserve, storage, maintenance, etc. of relief supplies and equipment, including medical facilities;
4. Rapid mobilization of relief personnel and supplies and establishment of a transport system;
5. Securing resources necessary for overseas emergency relief;
6. Establishment of a cooperative system with private emergency relief organizations;
7. International cooperation with respect to overseas emergency relief;
8. Other matters prescribed by Presidential Decree in connection with overseas emergency relief, such as establishment of a system for cooperation among central administrative agencies.
(2) The Minister of Foreign Affairs and Trade shall notify the basic measures for overseas emergency relief established under paragraph (1) to the heads of relevant central administrative agencies and have them implement such measures.<Amended by Act No. 10819, Jul. 14, 2011>
(3) The Minister of Foreign Affairs and Trade shall report, each year, to the regular session of the National Assembly on the result of overseas emergency relief activities and the result of assessment, including the following matters: <Newly Inserted by Act No. 10819, Jul. 14, 2011>
1. Details of personnel dispatched to overseas emergency relief teams, budget spent, and activities performed;
2. Specific details of support, such as emergency relief supplies, equipment, or cash;
3. Health care activities;
4. Status of cooperation with private emergency relief organizations;
5. Improvements with regard to overseas emergency relief;
6. Other important matters concerning overseas emergency relief.
law view
 Article 6-2 (Establishment of Health Care Activity System)   print
The Government shall have an emergency health care system, which includes the following matters, in normal times in order to perform health care activities referred to in subparagraph 4 of Article 5:
1. Securing health care personnel and equipment;
2. Establishing a medical examination and treatment system;
3. Establishing an overseas transportation system for health care personnel and equipment;
4. Other matters prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10819, Jul. 14, 2011]
law view
 Article 7 (Commencement of Overseas Emergency Relief)   print
If the Minister of Foreign Affairs and Trade receives any request from a country affected by a large-scale overseas disaster prescribed by Presidential Decree or from international organizations, or determines that it is necessary to exert relief efforts, he/she may convene the public and private joint council for overseas emergency relief referred to in Article 8 (1). <Amended by Act No. 9993, Feb. 4, 2010; Act No. 10819, Jul. 14, 2011>
law view
 Article 8 (Public and Private Joint Council for Overseas Emergency Relief)   print
(1) The Government shall establish and operate a public and private joint council for overseas emergency relief (hereinafter referred to as the "Council") with respect to large-scale overseas disasters prescribed by Presidential Decree in order to deliberate and pass resolutions on basic matters necessary to facilitate overseas emergency relief.<Amended by Act No. 10819, Jul. 14, 2011>
(2) The Council shall deliberate and pass resolutions on the following: <Newly Inserted by Act No. 10819, Jul. 14, 2011>
1. Matters concerning whether to provide overseas emergency relief;
2. Matters concerning the details and scale of overseas emergency relief;
3. Matters concerning methods of cooperation with central administrative agencies;
4. Matters concerning methods of cooperation between the Government and the private sector;
5. Matters concerning basic measures for overseas emergency relief;
6. Assessment on the result of overseas emergency relief activities;
7. Other important matters concerning overseas emergency relief.
(3) The chairperson of the Council shall be the Minister of Foreign Affairs and Trade, and members of the Council shall be determined by Presidential Decree, from among vice minister-level public officials of relevant central administrative agencies, heads of relevant juristic persons and organizations, and experts in the relevant fields. <Amended by Act No. 9993, Feb. 4, 2010; Act No. 10819, Jul. 14, 2011>
(4) Necessary matters on the composition, operation, etc. of the Council shall be prescribed by Presidential Decree.<Amended by Act No. 10819, Jul. 14, 2011>
law view
 Article 9 (Consultation, etc. with Heads of Relevant Central Administrative Agencies)   print
(1) The Minister of Foreign Affairs and Trade shall specify detailed mattes under the resolution by the Council, subject to consultation with the heads of relevant central administrative agencies. <Amended by Act No. 10819, Jul. 14, 2011>
(2) The Minister of Foreign Affairs and Trade may make following requests to the heads of relevant central administrative agencies under the resolution by the Council, and the heads of the relevant central administrative agencies, upon receipt of such request, shall comply with such request, unless any extenuating circumstances exist: <Amended by Act No. 10819, Jul. 14, 2011; Act No. 10442, Mar. 8, 2011>
1. Requests for the dispatch of military transport aircraft or carrier to the Minister of National Defense for supporting rapid transport of personnel or supplies for emergency rescue or relief;
2. Requests to the Minister of Health and Welfare, for the selection, organization and dispatch of a health care support team to be sent to a disaster-affected country;
3. Requests to the Administrator of the National Emergency Management Agency, for the composition and dispatch of an international relief team to save lives in areas affected by overseas disaster.
(3) Other matters governed by the heads of relevant central administrative agencies and the heads of relevant corporations and organizations shall be prescribed by Presidential Decree.
law view
 Article 10 (Headquarters for Overseas Emergency Relief)   print
(1) The Minister of Foreign Affairs and Trade may establish and operate headquarters for overseas emergency relief (hereinafter referred to as "headquarters for relief") to take necessary measures for promptly executingresolutions by the Council until the overseas emergency relief activities end. <Amended by Act No. 10819, Jul. 14, 2011>
(2) The head of the headquarters for relief shall be the Minister of Foreign Affairs and Trade.
(3) The head of the headquarters for relief shall conduct all or some activities prescribed in Article 5 in compliance with the resolutions by the Council. <Amended by Act No. 10819, Jul. 14, 2011>
(4) The head of the headquarters for relief shall comprehensively understand and maintain the details and scale of emergency relief activities conducted by domestic corporations, organizations, etc. <Newly Inserted by Act No. 10819, Jul. 14, 2011>
(5) Matters necessary for the composition and operation of the headquarters for relief shall be prescribed by Presidential Decree.<Amended by Act No. 10819, Jul. 14, 2011>
law view
 Article 11 (Organization and Dispatch of Overseas Emergency Relief Teams)   print
(1) The Minister of Foreign Affairs and Trade shall organize an overseas emergency relief team with the following organizations or persons in consultation with the heads of relevant central administrative agencies: <Amended by Act No. 10819, Jul. 14, 2011; Act No. 10442, Mar. 8, 2011>
1. Deleted; <by Act No. 10442, Mar. 8, 2011>
2. International relief teams under the Act on 119 Rescue and Emergency Medical Services;
3. Fire officers under the Fire Officers Act;
4. Employees subject to the Korea International Cooperation Agency Act or personnel working under the same Act, including Korea overseas volunteers;
5. International cooperation personnel under the International Cooperation Personnel Act;
6. Health care support teams selected and organized by the National Medical Center or by the Korean Foundation for International Healthcare under the Korean Foundation for International Healthcare Act;
7. Persons who volunteer to provide overseas emergency relief;
8. Other organizations or persons prescribed by Presidential Decree.
(2) The Minister of Foreign Affairs and Trade shall dispatch overseas emergency relief teams under the resolution by the Council: Provided, That if necessary, he/she may dispatch international relief teams under the Act on 119 Rescue and Emergency Medical Services before the resolution is made by the Council. <Amended by Act No. 10819, Jul. 14, 2011; Act No. 10442, Mar. 8, 2011>
(3) Other necessary matters concerning the organization, dispatch and activities of overseas emergency relief teams and the bearing of expenses shall be prescribed by Presidential Decree.
law view
 Article 12 (Captain of Overseas Emergency Relief Team)   print
(1) The Minister of Foreign Affairs and Trade shall appoint or commission a captain for an overseas emergency relief team, from among the relevant public officials or persons who have abundant knowledge about relevant fields.
(2) The Minister of Foreign Affairs and Trade shall appoint or commission a person designated by the Administrator of the National Emergency Management Agency as a person in charge of rescue in an overseas emergency relief team.
(3) A captain of an overseas emergency relief team shall exercise overall control of relief activities in an affected country in close consultation with the heads of competent diplomatic missions, and endeavor to take necessary measures for the safety of Korean nationals residing or staying in the affected country when carrying out overseas emergency relief activities.
(4) A captain of an overseas emergency relief team shall establish a cooperative system with other countries, international organizations, and domestic and overseas private associations, which participate in emergency relief, in order to effectively carry out emergency relief activities. <Newly Inserted by Act No. 10819, Jul. 14, 2011>
law view
 Article 13 (Requests for Cooperation to Relevant Agencies)   print
If deemed necessary, the Minister of Foreign Affairs and Trade shall request necessary cooperation from the heads of relevant corporations or organizations, such as the provision of personnel, equipment, supplies, and transport equipment. <Amended by Act No. 10819, Jul. 14, 2011>
law view
 Article 14 (Assistant to Participants in Overseas Emergency Relief)   print
The Minister of Foreign Affairs and Trade may subsidize all or some expenses or provide equipment, supplies, etc. to corporations, organizations or person that participate in overseas emergency relief, as prescribed by Presidential Decree.
law view
 Article 15 (Compensation, etc. for Participants in Overseas Emergency Relief)   print
Where a person who is not a public official participates in overseas emergency relief activities and sustains any of the following damage with respect to overseas emergency relief, the Minister of Foreign Affairs and Trade may provide compensation or subsidize medical expenses to the person or the bereaved family thereof:
1. Where the person is deceased;
2. Where the person suffers an injury;
3. Where the person suffers a disease;
4. Where the person sustains any damage to property.
law view
 Article 16 (Delegation and Entrustment of Authority)   print
The Minister of Foreign Affairs and Trade may delegate part of his/her authority under this Act to the heads of diplomatic missions, as prescribed by Presidential Decree, or entrust part of his/her authority under this Act to the heads of relevant central administrative agencies or the heads of corporations or organizations prescribed by Presidential Decree.
law view
 Article 17 (Legal Fiction of Public Officials in Applying Penal Provisions)   print
Executives and employees of any corporation or organization performing duties entrusted by the Minister of Foreign Affairs and Trade under Article 16 shall be deemed public officials for the purposes of penal provisions under Articles 129 through 132 of the Criminal Act.
ADDENDUM
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM<Act No. 9993, Feb. 4, 2010>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA<Act No. 10442, Mar. 8, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM<Act No. 10819, Jul. 14, 2011>
This Act shall enter into force on the date of its promulgation.