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Enforcement Decree Of The Emergency Resources Management Act


Published: 2009-07-01

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Decree is to prescribe matters delegated by the Emergency Resources Management Act and matters necessary for its enforcement.
[This Article Wholly Amended by Presidential Decree No. 21601, Jul. 1, 2009]
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 Article 2 (Scope of Subjected Resources)   print
The term "scientific technician" in Article 2 (1) 2 of the Emergency Resources Management Act (hereinafter referred to as the "Act") means a person who has earned a master's degree or higher in natural sciences, and engages in the research institutes of the State, local governments, other public organizations, and enterprises.
[This Article Wholly Amended by Presidential Decree No. 21601, Jul. 1, 2009]
CHAPTER I-2 EMERGENCY PREPARATION AGENCIES
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 Article 2-2 (Delegation of Authority)   print
The competent Minister shall delegate his/her authority falling under any of the following subparagraphs to the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors, the Governor of a Special SelfGoverning Province or the head of a local administrative agency under the jurisdiction of the competent Minister (hereinafter referred to as "Mayor/Do Governor, etc.") under Article 6 of the Act:
1. Authority to designate resources requiring intensive management designated by Ordinance of the Ministry concerned from among the authority to designate resources requiring intensive management under Article 11 (1) of the Act;
2. Authority to approve the implementation plan of an enterprise designated as an enterprise requiring intensive management by the Mayor/Do Governor, etc. under subparagraph 1 from among the authority to approve the implementation plan of an enterprise requiring intensive management under Article 9-2 (2) of the Act.
[This Article Newly Inserted by Presidential Decree No. 21601, Jul. 1, 2009]
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 Article 2-3 Deleted.<by Presidential Decree No. 20733, Feb. 29, 2008>   print
CHAPTER II EMERGENCY PREPARATION MEASURES
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 Article 3 (Basic Plan)   print
(1) Guidelines for the basic plan provided for in Article 7 (1) of the Act shall include the following matters:
1. Matters concerning the purpose and the basic direction;
2. Matters concerning the time to establish emergency preparation plans;
3. Matters concerning conversion in wartime;
4. Matters concerning the standards for the estimation of resource requirements;
5. Matters concerning the priority of distribution, supplement and method of controlling the resources;
6. Matters concerning the expansion of resources control capability;
7. Other matters necessary for the formulation of emergency preparation plans.
(2) The Prime Minister shall provide guidelines for the basic plan provided for in paragraph (1) to the competent Minister by January 31 of the previous year of the intended year.
[This Article Wholly Amended by Presidential Decree No. 21601, Jul. 1, 2009]
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 Article 3-2 (Deliberation or Adjustment of Resource Requirements)   print
(1) The Minister of Public Administration and Security may deliberate upon or adjust resource requirements requested by the competent Minister in order to prepare a draft of the basic plan provided for in Article 7 (2) of the Act.
(2) Necessary matters concerning the method for requesting for resource requirements, procedures for deliberation thereon, etc. provided for in paragraph (1) shall be determined by the Minister of Public Administration and Security.
[This Article Newly Inserted by Presidential Decree No. 21601, Jul. 1, 2009]
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 Article 4 (Execution Plan)   print
The execution plan provided for in Article 8 (1) of the Act shall be prepared in detail, including the matters falling under any of the following subparagraphs:
1. Matters concerning conversion in wartime;
2. Matters concerning the investigation, designation, etc. of resources;
3. Matters necessary for the preparation of the operation plan under Article 9 (1) of the Act.
[This Article Wholly Amended by Presidential Decree No. 21601, Jul. 1, 2009]
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 Articles 5 through 7 Deleted.<by Presidential Decree No. 20195, Jul. 26, 2007>   print
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 Article 8 (Revision of Plans)   print
(1) In cases where the basic plan, execution plan, operation plan, or implementation plan prepared under Articles 7 through 9 and 9-2 (1), respectively, of the Act need to be revised, due to a change in conditions for the plan or other reasons, an amendment of such plan shall be prepared and approved by the person who has the authority to grant permission to the revised plan. In such cases, such revisions shall go through procedures, such as procedures for establishment of plans under Articles 7 through 9 and 9-2 (1) of the Act.
(2) When there is a revision order of the plan by the person who has the right to so designate, or it is necessary to revise an implementation plan of an enterprise, prepared under Article 9-2 (2) of the Act due to other reasons, the head of a enterprise requiring intensive management designated under Article 11 (1) of the Act shall prepare an amendment to the plan and obtain approval from the person who has the authority to so designate, in accordance with procedures, such as the procedures for establishment of plans under Article 9-2 (2) of the Act.
[This Article Wholly Amended by Presidential Decree No. 21601, Jul. 1, 2009]
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 Article 9 (Method of Investigation of Resources)   print
Investigations under Article 10 (1) of the Act shall be made by sending the table for investigation of resources, in advance, to objects of human resources, owners of materials subject to management (when the whereabouts of the owners are unknown, it shall include those who possess material resources in their title; hereinafter the same shall apply) and the heads of the enterprises, by having the competent public officials visit and confirm or by having the objects of human resources, owners of materials subject to management and the heads of the enterprises report the necessary matters, or by requiring the head of the association or the organization related to the enterprises requiring intensive management to submit the relevant data specifying the object of the inspection and its details.
[This Article Wholly Amended by Presidential Decree No. 21601, Jul. 1, 2009]
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 Article 10 (Designation, etc. of Resources Requiring Intensive Management)   print
(1) In designating resources requiring intensive management as provided for in Article 11 of the Act, the Minister of Public Administration and Security shall designate human resources, and the competent Minister shall designate material resources and the enterprises: Provided, That if it is unclear who has the jurisdiction over material resources or enterprises requiring intensive management, or if not less than two Ministries have jurisdiction over them in connection with the designation of such materials or the enterprise, the Prime Minister shall designate the competent Minister.
(2) In cases where the competent Minister designates resources requiring intensive management, he/she shall so designate within the minimum scope necessary for the performance of emergency preparation affairs under his/her control after considering the matters falling under any of the following subparagraphs:
1. Resources necessary for supporting military operations;
2. Resources necessary for maintaining the functions of the Government in a time of emergency;
3. Resources necessary for urgent recovery from disaster in a time of emergency;
4. Resources especially necessary for the stabilization of the livelihoods of people in a time of emergency.
(3) In cases where the competent Minister designates resources requiring intensive management, he/she shall clarify the matters falling under any of the following subparagraphs and forward a notice, without delay, to objects of human resources, owners of materials, or the heads of the enterprises who are to be designated:
1. The occupation, the institution which shall use the manpower, the workplace where the designated manpower shall work, the assembly area, and other necessary matters, in cases of human resources requiring intensive management;
2. The items, size, quantity, the place of delivery and receipt, duties associated with the designation, and other necessary matters, in cases of materials requiring intensive management;
3. The name of the enterprise, the name and address of the representative, the name and location of facilities, duties associated with the designation, and other necessary matters, in cases of enterprises requiring intensive management.
(4) When the competent Minister designates materials requiring intensive management, he/she may have a mark attached indicating the designation to such materials.
(5) Paragraphs (2) through (4) shall apply mutatis mutandis to cases where any changes are made to the designation of human resources, materials and enterprises requiring intensive management.
[This Article Wholly Amended by Presidential Decree No. 21601, Jul. 1, 2009]
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 Article 11 (Reinforcement and Expansion of Facilities)   print
(1) If the competent Minister deems it necessary under Article 12 (1) of the Act, he/she may order the owner of materials designated under Article 11 of the Act or the head of the designated enterprise to reinforce or expand the facilities necessary for the production, repair, processing, etc. of materials, after obtaining approval of the Prime Minister.
(2) Orders for reinforcement or expansion of facilities provided for in paragraph (1) shall include the name of the facilities, size, period, and other necessary matters in detail.
[This Article Wholly Amended by Presidential Decree No. 21601, Jul. 1, 2009]
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 Article 12 (Training of Technical Personnel)   print
(1) If the competent Minister deems it necessary under Article 12 (1) of the Act, he/she may order owners of materials designated under Article 11 of the Act or the head of the designated enterprise to train technical personnel necessary for emergency preparation affairs after obtaining approval of the Prime Minister.
(2) Training orders of technical personnel provided for in paragraph (1) shall include the occupations, the number of technical personnel to be trained, the training period, the level of technology, and other necessary matters in detail.
[This Article Wholly Amended by Presidential Decree No. 21601, Jul. 1, 2009]
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 Article 13 (Development of Technology)   print
If the competent Minister deems it necessary under Article 12 (1) of the Act, he/she may order the head of the enterprise designated under Article 11 of the Act that produces, repairs, or processes materials or conducts research on qualitative improvement, etc. to develop technology (including the manufacture of test products) after deciding upon the items, size, capacity, the research period, and other necessary matters with approval from the Prime Minister.
[This Article Wholly Amended by Presidential Decree No. 21601, Jul. 1, 2009]
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 Article 14 (Appointment, etc. of Emergency Preparation Officers)   print
(1) The head of a enterprise who receives an order to designate emergency preparation officers under Article 12 (2) of the Act shall immediately appoint emergency preparation officers.
(2) In cases where the head of a enterprise appoints emergency preparation officers under paragraph (1), he/she may request the Prime Minister to make his/her recommendations.
(3) Necessary matters concerning the recommendation of emergency preparation officers provided for in paragraph (2) shall be determined by the Prime Minister.
(4) The qualifications for emergency preparation officers under Article 12 (3) of the Act shall be as follows:
1. Any person who does not fall under any of the following items from among those who have an experience to be engaged in the active services with the rank of capital or higher of the officers under Article 3 of the Military Personnel Management Act:
(a) A person for whom three years have passed after discharge from service when he/she is appointed;
(b) A person falling under any of subparagraphs in Article 10 (2) of the Military Personnel Management Act;
2. A person designated by Ordinance of the Ministry of Public Administration and Security from among those engaged in duties related to emergency preparation.
[This Article Wholly Amended by Presidential Decree No. 21601, Jul. 1, 2009]
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 Article 15 (Stockpile by Government)   print
In cases where the competent Minister intends to release a stockpile of materials stockpiled under Article 13 (1) of the Act or use materials stockpiled under Articles 13 (3) and 13-2 of the Act, he/she shall clarify the items, size, quantity, grounds for the release or use, etc. and obtain prior approval from the Prime Minister: Provided, That such approval may be obtained after using them in cases of emergencies.
[This Article Wholly Amended by Presidential Decree No. 21601, Jul. 1, 2009]
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 Article 16 (Stockpile by Enterprise)   print
(1) In cases where the competent Minister orders the owner of materials or the head of the enterprise designated under Article 11 of the Act to stockpile materials under Article 13 (2) of the Act, he/she shall clarify the items, size, quantity, stockpile place, and other necessary matters.
(2) Article 15 shall apply mutatis mutandis to cases where materials are stockpiled pursuant to the order issued under paragraph (1). In such cases, the "Prime Minister" shall be deemed the "competent Minister".
[This Article Wholly Amended by Presidential Decree No. 21601, Jul. 1, 2009]
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 Article 17 (Materials subject to Stockpile)   print
"Materials subject to stockpiling" under Article 13 (7) of the Act means materials which the competent Minister designates with approval of the Prime Minister, and which falls under any of the following subparagraphs:
1. Food;
2. Clothing, leather products, rubber products, chemical products, metal products, fire-fighting equipment and other industrial products;
3. Coal, petroleum, natural gas and other fuels;
4. Medicine, medical equipment, quasi-drug products and water treatment chemicals;
5. Railroad trains, loading and unloading equipment, and other transportation equipment;
6. Materials necessary for the civil engineering and construction industries, artificial structures, and their accessory materials;
7. Communications equipment, communications tools, and other materials necessary for communications;
8. Materials manufactured for public relations purposes;
9. Materials required for the sake of issuing currency notes and national bonds;
10. Equipment and materials for urgent recovery.
[This Article Wholly Amended by Presidential Decree No. 21601, Jul. 1, 2009]
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 Article 18 (Control of Stockpiled Materials)   print
The competent Minister, the owner of materials or the head of a enterprise shall periodically check materials stockpiled under Article 13 (1) and (2) of the Act and take measures to prevent the diminution of the materials concerned, or deterioration of their quality and performance, by such methods as substitution with new materials of the same kind, storing or repair, and supplementation of storage facilities.
[This Article Wholly Amended by Presidential Decree No. 21601, Jul. 1, 2009]
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 Article 19 Deleted.<by Presidential Decree No. 21601, Jul. 1, 2009>   print
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 Article 20 (Report on Actual Conditions of Stockpiled Materials)   print
(1) Reports under Article 13 (4) of the Act shall be made to the competent Minister by the last day of January of the following year, as at December 31 every year.
(2) Reports under Article 13 (5) of the Act shall be made to the Prime Minister by the last day of February of the following year, as at December 31 every year.
[This Article Wholly Amended by Presidential Decree No. 21601, Jul. 1, 2009]
CHAPTER III EMERGENCY PREPARATION EDUCATION AND EXERCISES
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 Article 20-2 (Establishment and Execution of Plan for Emergency Preparation Education)   print
(1) The Minister of Public Administration and Security shall investigate the demand for emergency preparation education every year under Article 13-3 of the Act and establish a plan for emergency preparation education based on the result of such investigation.
(2) The Minister of Public Administration and Security may request the head of an administrative agency which performs emergency preparation affairs or the head of an enterprise designated under Article 11 (1) of the Act to conduct emergency preparation education according to the relevant plan for emergency preparation education under paragraph (1).
[This Article Newly Inserted by Presidential Decree No. 21601, Jul. 1, 2009]
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 Article 20-3 (Cooperation of Institution for Education and Training of Public Officials)   print
(1) The Minister of Public Administration and Security may, if necessary, request the head of an institution for education and training of public officials under the Act on the Education and Training of Public Officials or the Education and Training of Local Public Officials Act (hereinafter referred to as "head of an institution for education and training of public officials") to open an educational course for emergency preparation education.
(2) The head of an administrative agency which performs emergency preparation affairs or the head of an enterprise designated under Article 11 (1) of the Act may request the head of an institution for education and training of public officials to conduct entrusted education with respect to emergency preparation education.
(3) The head of an institution for education and training of public officials shall, upon receipt of such request under paragraph (1) or (2), cooperate with such request unless any special ground exists otherwise.
(4) The head of an institution for education and training of public officials may have the head of an administrative agency, etc. who requests entrusted education under paragraph (2) bear expenses incurred in conducting such education in whole or in part.
[This Article Newly Inserted by Presidential Decree No. 21601, Jul. 1, 2009]
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 Article 21 (Request for Execution of Exercise)   print
(1) In cases of national or regional group exercises concerning not less than two Ministries, as provided for in Article 14 (2) of the Act, the Minister of Public Administration and Security may request that the Prime Minister execute a manpower exercise and the competent Ministers may request that the Prime Minister execute a material resources exercise by their agreement.
(2) In cases of national or regional group exercises concerning one Ministry, as provided for in Article 14 (3) of the Act, the head of each administrative agency who requires an exercise may request that the Minister of Public Administration and Security execute the manpower exercise and may request that the competent Minister concerned execute a material resources exercise.
(3) In cases of the simultaneous management exercise provided for in Article 18 of the Act, the head of each administrative agency who requires the exercise may request the competent Minister concerned to execute the exercise.
[This Article Wholly Amended by Presidential Decree No. 21601, Jul. 1, 2009]
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 Article 22 (Exemption from Exercise)   print
According to the proviso to Article 15 of the Act, a person falling under any of the following subparagraphs shall be exempted from an exercise: Provided, That a person falling under any of subparagraphs 3 through 15 shall be exempted from the exercise during the limited period in which the relevant ground exists:
1. A person who is not suitable to receive the exercise, due to an incurable disease;
2. War-wounded soldiers and policemen, soldiers and policemen wounded on duty, wounded activists of the April 19 Revolution, public officials wounded on duty, and wounded special contributors to the State and social development pursuant to the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State;
4. Executives, staff, and students of the Korea Advanced Institute of Science and Technology under the Korea Advanced Institute of Science and Technology Act;
5. Executives and staff of a special research institution under the Support of Specific Research Institutes Act;
6. A foreign army stationed in Korea and those engaged in a foreign legation in Korea;
7. Teaching staff and students of the schools provided for by the Elementary and Secondary Education Act and the Higher Education Act;
8. The head of the civil defence department appointed by the provisions of the Framework Act on Civil Defence;
9. A member of an obligatory fire-fighting unit under the Framework Act on Fire Services and the policemen on special guard assignment under the Police Assigned for Special Guard Act;
10. Training instructors of institutions which conduct development training of necessary skills during wartime as deemed by the Minister of Labor, among the vocational training institutions under the Act on the Development of Workplace Skills of Workers;
11. Pilots, crew, ground staff, and other technicians of airplanes or ships of the Republic of Korea who come and go from home to overseas and who are approved by the competent Minister;
12. A person unable to receive the exercise as recognized by the Minister of Public Administration and Security, due to diseases or other physical problems;
13. A person who exclusive charge of his/her family's living (referring to those who live in the family relation register), have no family member except him/her who can maintain the family's living (referring to a male who is at least 20 years old, but less than 60 years old, or a female who is at least 20 years old, but less than 50 years old who is without an incurable disease or other mental or physical problems which can cause inability to work), and does not have any other property or income with which he/she can make his/her living;
14. From among persons falling under Article 2 (1) 2 of the Act, those of 56 or more years old (including those facing with January 1 of the year in which they become 56 years old) and the married female from January 1 of the year in which she becomes 20 years old and to December 31 of the year in which she becomes 55 years old;
15. A person who is engaged in other emergency preparation affairs and recognized by the Minister of Public Administration and Security, at the request of the competent Minister.
[This Article Wholly Amended by Presidential Decree No. 21601, Jul. 1, 2009]
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 Article 23 (Issuance and Delivery of Exercise Notification)   print
(1) The Mayor/Do Governor, etc. shall issue an exercise notification, distinguishing the notification for manpower exercise or notification for material resources exercise under Article 17 of the Act.
(2) In cases of the notification for a manpower exercise under paragraph (1), the head of a Eup/Myeon/Dong (including a branch office or Dong which are in charge of the affairs of resident registration under the Resident Registration Act; hereinafter the same shall apply) of the residence of the person subject to the exercise shall deliver the notification within seven days before the date for execution of the exercise: Provided, That in cases of an unannounced exercise, the period to deliver the notification may be reduced.
(3) In cases of a notification for a material resources exercise under paragraph (1), the Mayor/Do Governor, etc. shall directly deliver the notification to the owners of materials subject to the exercise or to the head of an enterprise, or have the head of Si/Gun, the head of an autonomous Gu or the head of the administrative agency concerned (hereinafter referred to as "Mayor, etc.") who exercises his/her jurisdiction over the residence of the owner of materials or the location of the enterprise, deliver the notification within seven days before the date for execution of the exercise: Provided, That in cases of an unannounced exercise, the period to deliver the notification may be reduced.
[This Article Wholly Amended by Presidential Decree No. 21601, Jul. 1, 2009]
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 Article 24 Deleted.<by Presidential Decree No. 20195, Jul. 26, 2007>   print
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 Article 25 (Issuance and Delivery of Notification for Simultaneous Management Exercise)   print
(1) When there is an execution order of the exercise under Article 18 (2) of the Act, the Mayor/Do Governor, etc. shall directly issue the notification for manpower exercise and the notification for material resources exercise, and deliver the notifications to the owner of materials or to the head of an enterprise en bloc at least seven days before the date for execution of the exercise (such period may be reduced in cases of the unannounced exercise), or have Mayor, etc. who exercises his/her jurisdiction over the residence of the owner of materials subject to exercise or the location of the enterprise subject to exercise, deliver the notifications en bloc.
(2) In cases of paragraph (1), if the residence of the person subject to exercise is different from that of the owner of materials subject to exercise or the location of the enterprise subject to exercise, the Mayor/Do Governor, etc. shall notify the result of issuing the notification for manpower exercise to the Mayor/Do Governor, etc., who has jurisdiction over the residence of the person subject to exercise without delay.
(3) The owner of materials subject to exercise or the head of an enterprise subject to exercise who has received the notification for manpower exercise or the notification for material resources exercise under paragraph (1), shall deliver the notification for manpower exercise to the person concerned without delay and take measures to encourage him/her to engage in the simultaneous materials exercise affairs on the date for execution of the exercise.
[This Article Wholly Amended by Presidential Decree No. 21601, Jul. 1, 2009]
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 Article 26 (Report on Inability to Participate in Manpower Exercise)   print
(1) In cases where a person who has received a notification for manpower exercise, cannot participate in the exercise, due to the reasons falling under any of the subparagraphs in Article 19 (1) of the Act, the person concerned or his/her family shall so notify the delivery agency of the notification for manpower exercise, as prescribed by Ordinance of the Ministry of Public Administration and Security, without delay.
(2) The delivery agency of notification for manpower exercise who receives the report under paragraph (1) shall investigate the relevant facts and notify the Mayor/Do Governor, etc. thereof, without delay.
[This Article Wholly Amended by Presidential Decree No. 21601, Jul. 1, 2009]
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 Article 27 (Report on Inability to Submit Materials subject to Exercise)   print
(1) In cases where the person who receives the notification for material resources exercise cannot submit materials due to the reasons falling under any of the subparagraphs in Article 19 (2) of the Act, he/she shall so notify the delivery agency of the notification for material resources exercise without delay, as prescribed by Ordinance of the Ministry of Public Administration and Security.
(2) The delivery agency of the notification for material resources exercise shall, upon receipt of the report under paragraph (1), investigate the relevant facts without delay and notify them to the Mayor/Do Governor, etc.
[This Article Wholly Amended by Presidential Decree No. 21601, Jul. 1, 2009]
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 Article 28 (Delivery and Acceptance of Participants in Exercise)   print
(1) The Mayor/Do Governor, etc. shall have Mayor, etc., and the head of the organization which will employ persons subject to exercise (including enterprises; hereinafter referred to as "employment organizations") guide the pertinent staff under their control to attend the places of delivery and acceptance so as to deliver and accept participants in the exercise. In such cases, the officer who is in charge of the delivery and the acceptance shall carry a certificate which indicates his/her identity.
(2) The Mayor/Do Governor, etc. may establish the delivery and acceptance offices at the delivery and acceptance places in order to deliver and accept participants in the exercise: Provided, That if the delivery and acceptance places are located in the facilities area of the employment organizations, the employment organizations may establish such offices.
(3) In cases of any person who finds it difficult to participate in the exercise due to physical or mental disabilities, the delivery and acceptance officers provided for in paragraph (1) may request that the medical institutions conduct a physical examination of such person.
[This Article Wholly Amended by Presidential Decree No. 21601, Jul. 1, 2009]
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 Article 29 (Delivery and Acceptance of Submitted Exercise Materials)   print
The Mayor/Do Governor, etc. shall have Mayor, etc. and the head of the employment organization deliver or accept submitted exercise materials by requesting officers under their control to attend the places for delivery and acceptance.
[This Article Wholly Amended by Presidential Decree No. 21601, Jul. 1, 2009]
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 Article 30 (Maintenance of Original Condition of Materials, etc. Subject to Exercise)   print
The owner of materials subject to exercise or the head of the enterprise subject to exercise who has received the notification for material resources exercise, shall not conduct activities which may cause disturbance in the material resources exercise, such as changing the form or nature of the materials concerned or facilities, damaging, lending and other act to harm their efficiency, without approval from the Mayor/Do Governor, etc.
[This Article Wholly Amended by Presidential Decree No. 21601, Jul. 1, 2009]
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 Article 31 (Release of Exercises)   print
(1) In cases where the Prime Minister or the competent Minister who has issued the execution order of the exercise under Article 14 (2) and (3) or 18 (2) of the Act, cannot continue the exercise due to a disaster under subparagraph 1 of Article 3 of the Framework Act on the Management of Disasters and Safety or other unavoidable reasons, the Prime Minister shall issue the release order of the exercise with approval from the President, and the competent Minister shall issue a release order of exercise with approval from the Prime Minister.
(2) In cases where a release order of an exercise under paragraph (1) is issued, the Mayor/Do Governor, etc. shall deliver the notification for exercise release to the person, the owner of materials or the head of an enterprise subject to exercise, as prescribed by Ordinance of the Ministry of Public Administration and Security.
[This Article Wholly Amended by Presidential Decree No. 21601, Jul. 1, 2009]
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 Article 32 (Reports on Results of Exercise Execution)   print
In cases where an exercise has been completed, the Mayor/Do Governor, etc. shall report the results of the execution of the exercise without delay, but in cases where the Prime Minister has issued an execution order of the exercise, the Mayor/Do Governor, etc. shall report such fact to the Prime Minister through the competent Minister, and in cases where the competent Minister has issued an execution order of the exercise, the Mayor/Do Governor, etc. shall so report to the competent Minister.
[This Article Wholly Amended by Presidential Decree No. 21601, Jul. 1, 2009]
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 Article 33 (Restoration, etc. to Original Condition)   print
In cases where submitted exercise materials are returned, they shall be restored to their original condition: Provided, That the same shall not apply to cases where the person who is to receive the submitted exercise materials, does not wish for the restoration to their original condition, or if it is impossible or remarkably difficult to restore them to their original condition.
[This Article Wholly Amended by Presidential Decree No. 21601, Jul. 1, 2009]
CHAPTER IV GOVERNMENTAL PRACTICE
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 Article 34 (Governmental Practice)   print
(1) The Government shall execute the governmental practice by forming partnerships with each administrative agency periodically or at any time each year in order to examine and improve the preparation plans for wartime, but it may be conducted with the military practice simultaneously. In such cases, the method of practice shall be divided into command post practice on the map and the actual practice.
(2) In cases of governmental practice, the Prime Minister shall determine the method and period of the governmental practice, and then issue an execution order with the approval of the President.
[This Article Wholly Amended by Presidential Decree No. 21601, Jul. 1, 2009]
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 Article 35 (Self-Practice)   print
(1) The competent Minister and the head of the relevant local government may execute self-practice by regional group or sectional group periodically or at any time each year in order to examine and improve its preparation plan for wartime, of the relevant agency under their responsibility. In such cases, the method of practice shall be divided into command post practice on the map and the actual practice.
(2) In cases of self-practice, the competent Minister (in cases of the selfpractice related to not less than two departments of the local government, the competent Minister shall be the Minister of Pubic Administration and Security) shall determine the method and period of the practice and then issue the execution order with approval of the Prime Minister.
[This Article Wholly Amended by Presidential Decree No. 21601, Jul. 1, 2009]
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 Article 36 (Detailed Regulations of Enforcement)   print
The Prime Minister shall determine necessary matters concerning the implementation of governmental practice and the self-practice with approval of the President.
[This Article Wholly Amended by Presidential Decree No. 21601, Jul. 1, 2009]
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 Article 36-2 Deleted.<by Presidential Decree No. 21601, Jul. 1, 2009>   print
CHAPTER V SUPPLEMENTARY PROVISIONS
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 Article 37 (Compensation)   print
(1) In connection with the compensation under Article 21 of the Act, in cases where one suffers wounds equivalent to first grade wounds through seventh grade wounds under Article 6-4 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State during his/her participation in the exercise, he/she shall be regarded and remunerated as a soldier or policeman injured while on duty under Article 4 (1) 6 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, and the bereaved family of the deceased (including those who died from the wound, hereinafter the same shall apply) shall be regarded and compensated as the bereaved family of a soldier or policeman who died while on duty under Article 4 (1) 5 of the same Act.
(2) The head of the agency to which a person in charge of an exercise belongs (hereinafter referred to as "exercise execution agency") shall, where any person is wounded or dies while performing duties in the exercise, immediately file a report thereon to the competent Minister.
(3) The main substance of Article 9 (2) of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State shall apply mutatis mutandis to cases where an application for registration under Article 6 of the said Act is filed in order to receive the compensation under paragraph (1). In such cases, "head of the agency to which he/she belongs" shall be deemed "competent Minister".
[This Article Wholly Amended by Presidential Decree No. 21601, Jul. 1, 2009]
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 Article 38 (Medical Treatment)   print
(1) When any one is wounded during his/her participation in an exercise under Article 21 of the Act, the head of an exercise execution agency shall designate the medical institution in order that the wounded may receive medical treatment.
(2) Expenses incurred for medical treatment under paragraph (1) shall be borne by the State or the relevant local government: Provided, That in cases where the local government bears the expenses, the State shall fully or partially subsidize the expenses.
[This Article Wholly Amended by Presidential Decree No. 21601, Jul. 1, 2009]
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 Article 39 (Travelling Expenses, etc.)   print
(1) In connection with any person who participates in an exercise, expenses related to food, lodging, transportation, and the money equivalent to that of his/her salary to him/her under Article 22 of the Act shall be paid: Provided, That if the exercise period lasts one single day, lodging expenses and the money equivalent to that of his/her salary need not be paid and in cases of a simultaneous management exercise, lodging expenses, travelling expenses, and the money equivalent to that of his/her salary need not be paid.
(2) Money equivalent to that of a person's salary under paragraph (1), shall be paid pursuant to the following standards. In such cases, salary grades or salary steps under subparagraphs 1 through 3 shall be determined after consideration of academic background, qualifications, career, occupations, previous salary, and other income applicable thereto of participants in the exercise:
1. Any person engaged in simple and mechanical work among those who fall under Article 2 (1) 1 of the Act shall be paid money on the basis of the salary table for the public officials who are engaged in light and simple work as stated in attached Table 9 of the Regulations for Salaries of Public Officials;
2. Technicians among those who fall under Article 2 (1) 1 of the Act shall be paid money on the basis of the salary table for the public officials in Technical Service as stated in attached Table 8 of the Regulations for Salaries of Public Officials;
3. Any person falling under Article 2 (1) 2 of the Act shall be paid money on the basis of the salary table for general public officials, special public officials and public officials in extraordinary civil service equivalent to the general public in attached Table 3 of the Regulations for Salaries of Public Officials.
[This Article Wholly Amended by Presidential Decree No. 21601, Jul. 1, 2009]
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 Article 40 (Compensation)   print
(1) The competent Minister (in cases the exercise execution agency is a military unit, the Minister shall be the Minister of National Defense; hereafter the same shall apply in this Article) shall compensate the person who has suffered financial loss due to the fact that submitted materials are destroyed or damaged or cannot be restored to their original condition or other reasons arising from the exercise, for its loss, under Article 23 of the Act.
(2) Any person who intends to receive compensation as provided for in paragraph (1), shall submit an application for payment of the compensation to the competent Minister through the Mayor/Do Governor, etc. or the commander of the military unit within 30 days after the exercise has been completed, as prescribed by Ordinance of the Ministry of Public Administration and Security.
(3) In cases where the competent Minister receives an application for payment of the compensation provided for in paragraph (2), he/she shall determine the amount of the compensation, and send notification of the compensation to the applicant within 30 days.
(4) Any person who is dissatisfied with the amount of the compensation provided for in paragraph (3), may apply for a re-examination to the competent Minister within 30 days after he/she has received notification of the compensation payment, as prescribed by Ordinance of the Ministry of Public Administration and Security. In such cases, the competent Minister shall decide on the re-examination, and notify it to the applicant within 30 days.
[This Article Wholly Amended by Presidential Decree No. 21601, Jul. 1, 2009]
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 Article 41 (Standards for Compensation)   print
(1) The rent for materials subject to exercise and other compensation, shall be determined on the basis of the standard rate of assessment at the time the excercise ends: Provided, That the rent for telecommunications facilities shall be determined on the basis of the table of telephone charges.
(2) The standard of taxation under paragraph (1) shall be based on the following classifications: Provided, That if there is no standard of taxation, compensation shall be paid on the basis of the market price of materials:
1. The rent for automobiles, ships, airplanes, construction equipment, dredging vessels or loading and unloading equipment and the compensation for the loss and the destruction thereof, shall be determined by their market prices;
2. The rent for a building and compensation for loss and destruction thereof shall be determined by the standard of taxation of registration tax.
[This Article Wholly Amended by Presidential Decree No. 21601, Jul. 1, 2009]
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 Article 42 Deleted.<by Presidential Decree No. 21601, Jul. 1, 2009>   print
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 Article 43 (Subsidies, etc.)   print
(1) The payment and the management of subsidies for the owner of materials or the head of an enterprise under Article 24 of the Act, shall be governed by the Act on the Budgeting and Management of Subsidies.
(2) The method and procedure of lending and other necessary matters under Article 24 of the Act, shall be determined after consultation between the competent Minister and the Minister of Strategy and Finance.
[This Article Wholly Amended by Presidential Decree No. 21601, Jul. 1, 2009]
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 Article 44 (Confirmation or Inspection of Emergency Preparation Affairs)   print
The Minister of Public Administration and Security or the competent Minister may confirm or inspect the actual conditions of the performance of emergency preparation affairs concerning the matters falling under any of the following subparagraphs provided for in Article 25-2 of the Act:
1. Establishment and management of emergency preparation plans;
2. Education, exercise and training of emergency preparations;
3. Operation of emergency preparation officers;
4. Other matters deemed necessary for smooth performance of emergency preparation affairs by the Minister of Public Administration and Security or the competent Minister.
[This Article Wholly Amended by Presidential Decree No. 21601, Jul. 1, 2009]
ADDENDA
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Repeal of other Acts and Subordinate Statutes) The regulations concerning the operation of resources shall be repealed.
(3) (Relationship with other Acts and Subordinate Statutes) In cases where other Acts and subordinate statutes cite the regulations concerning the operation of resources repealed under paragraph (2) of the Addenda or the provisions therein at the time this Decree enters into force, and if the provisions corresponding thereto exist in this Decree, this Decree or the corresponding provisions in this Decree shall be deemed to have been cited in lieu of the provisions of the repealed Acts and subordinate statutes.
ADDENDA<Presidential Decree No. 12262, Oct. 26, 1987>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 1, 1987.
Articles 2 through 4 Omitted.
ADDENDA<Presidential Decree No. 12375, Dec. 31, 1987>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 1988.
Articles 2 through 4 Omitted.
ADDENDA<Presidential Decree No. 13413, Jul. 1, 1991>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date for the composition of the Seoul Special Metropolitan City Council.
Articles 2 through 4 Omitted.
ADDENDA<Presidential Decree No. 13714, Aug. 22, 1992>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Transitional Measures) The basic plan for 1992 and guidelines for the basic plan for 1993 which have been already prepared and directed as at the time this Decree enters into force shall be deemed to have been prepared and directed pursuant to this Decree.
ADDENDA<Presidential Decree No. 14063, Dec. 31, 1993>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 1994.
Articles 2 through 7 Omitted.
ADDENDA<Presidential Decree No. 14438, Dec. 23, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA<Presidential Decree No. 15379, May 24, 1997>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA<Presidential Decree No. 15486, Sep. 30, 1997>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA<Presidential Decree No. 15967, Dec. 31, 1998>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 1999.
Articles 2 through 6 Omitted.
ADDENDUM<Presidential Decree No. 17415, Nov. 22, 2001>
This Decree shall enter into force on the date of its promulgation.
ADDENDA<Presidential Decree No. 18911, Jun. 30, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2005.
Articles 2 through 6 Omitted.
ADDENDUM<Presidential Decree No. 20195, Jul. 26, 2007>
This Decree shall enter into force on July 28, 2007.
ADDENDUM<Presidential Decree No. 20733, Feb. 29, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDA<Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA<Presidential Decree No. 21601, Jul. 1, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 2, 2009.
Article 2 (Transitional Measures)
Any person who has been appointed and is working as an emergency preparation officer as at the time this Decree enters into force shall be deemed to satisfy the qualifications under the amended provisions of Article 14 (4).