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Countermeasures Against Natural Disasters Act


Published: 2011-03-07

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to prescribe necessary matters concerning natural disaster prevention or recovery and other countermeasures against natural disasters, in an effort to preserve the national land and to protect the lives, bodies and properties of nationals as well as key infrastructures from disasters caused by natural phenomena, such as typhoons, floods, etc.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 2 (Definitions)   print
The definitions of the terms used in this Act shall be as follows:
1. The term "disaster" means any damage caused by calamities under subparagraph 1 of Article 3 of the Framework Act on the Management of Disasters and Safety (hereinafter referred to as the "Framework Act") ;
2. The term "natural disaster" means any disaster caused by typhoon, flood, heavy rain, strong wind, wind wave, sea wave, tidal water, heavy snowfall, lightning, drought, earthquake (including any earthquake-caused tsunami), yellow dust or other natural phenomena corresponding thereto, from among disasters falling under subparagraph 1;
3. The term "damage caused by storm and flood" means any disaster caused by typhoon, flood, heavy rainfall, strong wind, wind wave, sea wave, tidal water, heavy snowfall or other natural phenomena corresponding thereto;
4. The term "prior deliberation of factors influencing disasters" means forecasting and analyzing factors leading to disasters caused by various administrative plans and development projects which influence natural disasters and taking measures against such disasters;
5. The term "comprehensive plans for the reduction of damage from storm and flood" means comprehensive plans formulated by the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or the Governor of the Special Self-Governing Province (hereinafter referred to as the "Mayor/Do Governor") and the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply), after the diagnosis of regional safety for the prevention or reduction of damage from storm and flood by region;
6. The term "facilities for the reduction of rainwater outflow" means facilities used to have the rainwater permeate in the underground artificially or to lock up the rainwater in the underground to control the direct outflow of rainwater;
7. The term "flood control standards" means standards to enhance the flood damage durability of facilities from damage from storm and flood and prevent the flooding of underground space, which are established by the heads of the relevant central administrative agencies or the Administrator of the National Emergency Management Agency;
8. The term "drawing of traces of flooding" means a drawing which indicates traces of flooding caused by damage from storm and flood;
9. The term "subsidies for disaster recovery" means subsidies granted by central administrative agencies to the Special Metropolitan City, a Metropolitan City, a Do, the Special Self-Governing Province (hereinafter referred to as "City/Do") or a Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) for disaster recovery projects;
10. The term "relief contributions" means money or articles provided to persons who have suffered from natural disasters under this Act;
11. The term "flood prevention standards by district" means standards toprevent flooding damage for areas prone to flooding or areas with highdisaster risks, which are established by the Administrator of theNational Emergency Management Agency;
12. The term "disaster maps" mean the drawings which indicate the traces of flooding, flooding forecasts and disaster-related information, etc;
13. The term "proxy for formulating measures for disaster prevention andsafety" means a person who has registered with the Administrator ofthe National Emergency Management Agency to perform duties, including data research and drawing up documents for efficientlycarrying out duties related to measures for disaster prevention andsafety, such as the prior deliberation of factors influencing disasters,in a professional manner on the behalf of others;
14. The term "diagnosis of regional safety" means the diagnosis of the safety level by region, with regard to the risks of natural disasters.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 3 (Obligations)   print
(1) The State shall have obligations to formulate and implement comprehensive plans for the prevention of or preparations for natural disasters, in an effort to protect the lives, bodies and properties of citizens and core infrastructure facilities from disasters by natural phenomena in accordance with the Framework Act and the objectives of this Act, and provide the maximum financial and technological support to the implementation of such plans.
(2) The heads of agencies in charge of disaster management (hereinafter referred to as "agencies in charge of disaster management") under subparagraph 5 of Article 3 of the Framework Act shall take measures falling under the following subparagraphs for the prevention of natural disasters:
1. Consultations on natural disaster reduction and the improvement of areas vulnerable to natural disasters:
(a) The investigation and analysis of the causes of natural disasters;
(b) The designation and management of areas vulnerable to natural disasters;
2. The prevention of and preparations for damage from storm and flood:
(a) The formulation of comprehensive plans for the reduction of damage from storm and flood;
(b) The establishment and operation of flood control standards;
(c) The establishment and operation of standards for the installation of facilities for the reduction of rainwater outflow;
(d) The establishment and operation of standards on designs for resistance to wind damage;
(e) Other matters necessary to prevent damage from storm and flood;
3. Countermeasures against damage caused by snow:
(a) Preventive measures against damage caused by snow;
(b) The stockpile of various snow-removing materials and supplies;
(c) Other matters necessary to prevent damage caused by snow;
4. Countermeasures against lightning:
(a) Preventive measures against lightning-caused damage;
(b) The establishment of the supportive and cooperative system with relevant agencies;
(c) Other matters necessary to prevent lightning-caused damage;
5. Countermeasures against droughts:
(a) Medium to long term measures for drought-prone areas;
(b) The management and maintenance of facilities to overcome droughts;
(c) Measures to overcome droughts by using facilities for collecting rainwater;
(d) Other matters necessary to cope with droughts;
6. Disaster information and emergency support:
(a) The establishment of a disaster prevention information system;
(b) The establishment of a disaster information management and dissemination system;
(c) The establishment of an emergency support system in preparation for disasters;
(d) The establishment of a plan to cope with emergency;
7. Other matters deemed necessary for the prevention of natural disasters by the heads of agencies in charge of disaster management.
(3) The heads of agencies in charge of disaster management shall inspect facilities or regions, which are likely to suffer from disasters, on a regular or occasional basis for the prevention of natural disasters.
(4) Necessary matters concerning facilities and areas subject to inspection for the prevention of natural disasters under paragraph (3), inspection methods or the recording and maintenance of inspection outcomes shall be prescribed by Presidential Decree.
(5) The head of a Si/Gun/Gu shall determine detailed measures to cope with disasters by considering regional characteristics by type of natural disasters and actively utilize such measures as job guidelines of the relevant public officials, educational materials for residents and promotional materials, etc.
(6) Citizens shall fully cooperate with duties related to natural disaster prevention and recovery or countermeasures, which are performed by the State, local governments and agencies in charge of disaster management, and endeavor to make sure that no disaster occurs in buildings or facilities, etc. owned or used by them.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
CHAPTER II PREVENTION OF AND PREPARATION FOR NATURAL DISASTERS
SECTION 1 Consultations about Reducing Natural Disasters and Upgrade of Areas Vulnerable to Natural Disasters
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 Article 4 (Prior Consultations on Examination of Factors Influencing Disasters)   print
(1) When the heads of the relevant central administrative agencies, the Mayors/Do governors, the heads of Sis/Guns/Gus and the heads of special local administrative agencies (hereinafter referred to as the "heads of the relevant administrative agencies") intend to formulate and finalize any administrative plan (including the designation of any region, any area and any complex, etc; hereinafter the same shall apply) or permit, authorize, approve, license, determine and designate (hereinafter referred to as "permit, etc.") any development project which exerts influence on natural disasters, they shall consult in advance with the head (hereinafter referred to as the "head of the Central Headquarters") of the Central Headquarters of Safety and Countermeasures Against Disasters (hereinafter referred to as the "Central Countermeasures Headquarters") under Article 14 of the Framework Act or the head (hereinafter referred to as the "head of the Local Headquarters") of the Local Headquarters of Safety and Countermeasures Against Disasters (hereinafter referred to as the "Local Countermeasures Headquarters") under Article 16 of the Framework Act on the examination of factors influencing disasters (hereinafter referred to as "prior consultations on the examination of factors influencing disasters") before they finalize and permit the relevant administrative plan and the relevant development project.
(2) The heads of consultative agencies, to whom the heads of the relevant administrative agencies shall request for prior consultations on the examination of factors influencing disasters under paragraph (1), shall be as follows:
1. In cases where the head of the relevant administrative agency is the head of a central administrative agency: The head of the Central Headquarters;
2. In cases where the head of the relevant administrative agency is the Mayor/Do governor or the head of a special local administrative agency having the City/Do under his/her jurisdiction: The head (hereinafter referred to as the "head of the City/Do Headquarters") of the relevant City/Do Headquarters of Safety and Countermeasures Against Disasters (hereinafter referred to as the "City/Do Countermeasures Headquarters") ;
3. In cases where the head of the relevant administrative agency is the head of a Si/Gun/Gu or the head of a special local administrative agency having the Si/Gun/Gu under his/her jurisdiction: The head (hereinafter referred to as the "head of the Si/Gun/Gu Headquarters") of the relevant Si/Gun/Gu Headquarters of Safety and Countermeasures Against Disasters (hereinafter referred to as the "Si/Gun/Gu Countermeasures Headquarters") .
(3) The head of the relevant administrative agency shall, when he/she intends to have prior consultations on the examination of factors influencing disasters, request for consultations after preparing documents necessary for examining influences of the relevant administrative plan and development project on disasters, as prescribed by Presidential Decree.
(4) The head of the Central Headquarters and the head of the Local Headquarters shall, upon receiving a request for consultations about the administrative plan and the development project referred to in paragraph (1) from the head of the relevant administrative agency, notify the head of the relevant administrative agency of examination outcomes, as prescribed by Presidential Decree.
(5) The head of the Central Headquarters and the head of the Local Headquarters may each establish and operate the committee for prior consultations on the examination of factors influencing disasters to review matters, subject to requests for prior consultations on the examination of factors influencing disasters, in a professional manner and necessary matters concerning the composition and operation of such committee shall be prescribed by Presidential Decree and the Municipal Ordinance of the relevant local government, respectively.
(6) The Administrator of the National Emergency Management Agency may establish an institution specializing in disaster prevention and safety management, when necessary for performing the duties of reducing disasters in a professional manner, such as the prior deliberation of factors influencing disasters, or disaster prevention and recovery, and for the efficient performance of such duties.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 5 (Those Subjects to Prior Consultations on Examination of Factors Influencing Disasters)   print
(1) Administrative plans and development projects which shall undergo prior consultations on the examination of factors influencing disasters under Article 4 shall be as follows:
1. The national land and regional plans or urban development;
2. The development of industrial and distribution complexes;
3. The development of energy;
4. The installation of traffic facilities;
5. The use and development of rivers;
6. The development of water resources and the ocean;
7. The development of mountainous areas and the collection of aggregate;
8. The development of tourist zones and the installation of sports facilities; and
9. Other plans and projects which exert influence on natural disasters, which are prescribed by Presidential Decree.
(2) Notwithstanding the provisions of paragraph (1), the following projects shall not undergo prior consultations on the examination of factors influencing disasters:
1. Projects for emergency measures under Article 37 of the Framework Act;
2. Projects on which the Minister of National Defense consults with the heads of the relevant central administrative agencies, on the grounds that the said Minister deems necessary to protect military secrets and speedily establish them.
(3) Necessary matters concerning the scope, the time and the methods, etc. of administrative plans and development projects, which shall undergo prior consultations on the examination of factors influencing disasters under paragraph (1), shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 6 (Managing and Supervising Compliance with Outcomes of Prior Consultations on Examination of Factors Influencing Disasters)   print
(1) The head of the relevant administrative agency who has been notified of the outcomes of consultations from the head of the Central Headquarters or the head of the Local Headquarters pursuant to Article 4 (4), shall take necessary measures to reflect such outcomes in the relevant administrative plan or development project unless there exist any extraordinary grounds to the contrary, and notify the head of the Central Headquarters or the head of the Local Headquarters of the results of the measures taken thereon or a future plan to take measures.
(2) In cases where the outcomes of prior consultations on the examination of factors influencing disasters are reflected in the relevant administrative plans or development projects under paragraph (1), the heads of the relevant central administrative agencies and business operators shall faithfully comply with such outcomes.
(3) The head of the Central Headquarters or the head of the Local Headquarters may, if it is deemed necessary for managing compliance with consultation outcomes, ask the business operator concerned or the head of the agency that has approved the work concerned to take necessary measures such as the suspension of such work in order to comply with the outcomes of consultations. In such cases, the business operator concerned or the head of the agency that has approved the work concerned shall comply with the request, unless there exist any extraordinary grounds to the contrary.
(4) Necessary matters concerning the results of the measures taken or a plan to take measures, etc. referred to in paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 7 (Prohibition against Prior Permission, etc. for Development Project)   print
(1) The head of the relevant administrative agency shall be prohibited from granting prior permission, etc. for development projects prior to the completion of the procedures for consultations provided for in Article 4.
(2) With respect to any development project that is already undertaken before the completion of the procedures for consultations, the head of the Central Headquarters or the head of the Local Headquarters may ask the head of the relevant administrative agency to take the necessary measures such as the suspension of the work involving the development project in question. In such cases, the head of the relevant administrative agency shall comply with the request, unless there exist any extraordinary grounds to the contrary.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 8 (Participation of Experts in Field of Disaster Prevention in Development-Related Committee)   print
(1) The heads of central administrative agencies, the heads of special local administrative agencies, the Mayors/Do governors and the heads of Sis/Guns/Gus shall each get experts in the field of disaster prevention to participate in a committee organized and operated for giving advice, deliberating and resolving on administrative plans and development projects (hereinafter referred to as "development plans, etc.") which exert influence on natural disasters, to ensure that opinions on the examination of factors influencing disasters are reflected for the prevention of natural disasters.
(2) The head of the Central Headquarters and the head of the Local Headquarters may recommend the experts in the field of disaster prevention to participate in the committee referred to in paragraph (1), and if it is deemed necessary, recommend the participation of public officials in charge of disaster prevention affairs therein.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 9 (Investigation and Analysis, etc. of Causes of Disasters)   print
(1) The head of the Central Headquarters and the head of the Local Headquarters may, if it is deemed necessary, investigate, analyze and assess the cause of any natural disaster in an area where such natural disaster occurs.
(2) Necessary matters concerning the investigation, analysis and assessment of the cause of any disaster that are performed by the head of the Local Headquarters shall be prescribed by the Municipal Ordinance of the relevant local government.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 10 (Makeup, etc. of Council for Disaster Reduction Measures)   print
(1) The head of the Central Headquarters may establish and operate the Council for Disaster Reduction Measures, which is participated by local governments and organizations specializing in the field of disaster, for the cooperation in investigating, analyzing and assessing the causes of disasters, etc. under Article 9, the investigation and study for disaster reduction or the formulation of other measures for disaster reduction.
(2) Necessary matters concerning the makeup, function and operation of the Council for Disaster Reduction Measures referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Public Administration and Security.
(3) The head of the Central Headquarters may, if it is deemed necessary to smoothly operate the Council for Disaster Reduction Measures referred to in paragraph (1), provide administrative and fiscal support, as prescribed by Ordinance of the Ministry of Public Administration and Security.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 11 (Access to Land, etc.)   print
(1) If it is deemed necessary to check on facilities, etc., investigate and analyze the cause of any disaster, and examine traces left of and damage done by any disaster, the head of the Central Headquarters, the Administrator of the National Emergency Management Agency, the head of the Local Headquarters, or anyone who is ordered, commissioned or entrusted by the head of the Central Headquarters, the Administrator of the National Emergency Management Agency and the head of the Local Headquarters, may enter another person's land and temporarily use such land, and they also may, if it is deemed especially necessary, change or remove trees, earth, stones and other obstacles therefrom.
(2) Anyone who intends to enter another person's land, temporarily use such land, or change or remove trees, earth, stones and other obstacles therefrom pursuant to paragraph (1), shall obtain consent from the owner, the occupant or the manager (hereinafter in this Article referred to as the "person concerned") of such land or obstacles in advance: Provided, That in cases where it is impossible to obtain the consent on the grounds that the person concerned is away from the scene or his/her domicile and his/her residence are unknown, such consent shall be obtained from the head of the competent Si/Gun/Gu.
(3) Anyone who intends to perform the act referred to in paragraph (1) shall carry a certificate showing his/her authority and show it to persons concerned.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 12 (Designation of Areas Vulnerable to Natural Disaster)   print
(1) With respect to any area that is prone to flooding or any area that is prone to a landslide, etc., in which a disaster is feared to occur on the grounds of their topographical conditions, etc., the head of a Si/Gun/Gu shall designate and publish such area as an area vulnerable to natural disaster and report the designation and the publication of such area to the Administrator of the National Emergency Management Agency and the head of a relevant administrative agency by going through the Mayor/Do governor.
(2) The head of a Si/Gun/Gu may order or ask the agency concerned having jurisdiction over the area vulnerable to natural disaster that is designated under paragraph (1) or the owner, occupant or manager of facilities installed in such area (hereinafter in this Article referred to as the "person concerned") to take necessary measures to check on and upgrade such area to the extent necessary for preventing any disaster, as prescribed by Ordinance of the Ministry of Public Administration and Security.
(3) The agency concerned or the person concerned that or who is asked or ordered to take necessary measures to prevent any disaster pursuant to paragraph (2) shall take necessary measures and notify the head of a Si/Gun/Gu of the results thereof.
(4) With respect to the area vulnerable to natural disaster that is prescribed by Presidential Decree, the head of a Si/Gun/Gu may ex officio take the measures referred to in paragraph (2) or may provide the owner thereof with subsidy necessary to cover part of the cost of taking such measures.
(5) In cases where the danger of any natural disaster is defused after the upgrade project is undertaken in the area vulnerable to natural disaster, the head of a Si/Gun/Gu shall cancel the designation of such area as the area vulnerable to natural disaster after hearing opinions of experts in the field of disaster and publish the results thereof.
(6) Where the head of a Si/Gun/Gu does not designate any area as an area vulnerable to natural disaster even though it is necessary to designate such area as an area vulnerable to natural disaster pursuant to paragraph (1), the Administrator of the National Emergency Management Agency and the Mayor/Do governor may advise him/her to designate and publicly announce the relevant area as an area vulnerable to natural disaster. In such cases, the head of a Si/Gun/Gu shall comply therewith unless any extraordinary circumstance exists.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 13 (Formulation of Plan to Upgrade Area Vulnerable to Natural Disaster)   print
(1) With respect to any area vulnerable to natural disaster that is designated pursuant to Article 12 (1), the head of a Si/Gun/Gu shall formulate a plan every five years to upgrade the area vulnerable to natural disaster (hereinafter referred to as the "upgrade plan") to be used as a guideline for the upgrade direction, and shall submit it to the Mayor/Do governor.
(2) The Mayor/Do governor shall, upon receiving the upgrade plan, submit the upgrade plan to the Administrator of the National Emergency Management Agency, and the Administrator of the National Emergency Management Agency may, if it is deemed necessary, ask the Mayor/Do governor to supplement the upgrade plan.
(3) The upgrade plan referred to in paragraph (1) shall contain the matters falling under each of the following subparagraphs:
1. The basic policy on upgrading the areas vulnerable to natural disaster;
2. Matters concerning the current states of the designations of areas vulnerable to natural disaster and the annual upgrade of the areas;
3. Matters concerning the prevention of disaster and the check and management of areas vulnerable to natural disaster;
4. Other matters concerning the upgrade of the areas vulnerable to natural disaster, which are prescribed by Presidential Decree.
(4) When the head of a Si/Gun/Gu formulates the upgrade plan, he/she shall examine its relation, etc. to any development project for the area thereof and reflect such relation, etc. in the upgrade plan.
(5) The provisions of paragraphs (1) and (2) shall apply mutatis mutandis to a case where the upgrade plan referred to in paragraph (1) is changed.
(6) Necessary matters concerning the formulation of and procedures for the upgrade plan, etc., other than matters prescribed in paragraphs (1) through (5), shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 14 (Formulation of Project Plan for Area Vulnerable to Natural Disaster)   print
(1) The head of a Si/Gun/Gu shall formulate a project plan (hereinafter referred to as the "project plan") for the following year for the area vulnerable to natural disaster every year in accordance with upgrade plans, and shall submit the project plan to the Mayor/Do governor.
(2) The Mayor/Do governor shall, upon receiving the project plan under paragraph (1), report the project plan to the Administrator of the National Emergency Management Agency.
(3) The provisions of paragraphs (1) and (2) shall apply mutatis mutandis to a case where the project plan referred to in paragraph (1) is changed.
(4) Necessary matters concerning the formulation of and procedures for the project plan, etc., other than matters prescribed under paragraphs (1) through (3), shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 15 (Restrictions on Act of Constructing Buildings and Changing Form and Quality of Buildings in Area Vulnerable to Natural Disaster, etc.)   print
(1) The head of a Si/Gun/Gu may, if it is deemed necessary to prevent any disaster in the area that is designated and published as an area vulnerable to natural disaster, restrict the acts of constructing buildings and changing the form and quality of buildings, etc. therein.
(2) The area vulnerable to natural disaster in which the acts of constructing buildings and changing the form and quality of buildings are restricted under paragraph (1) shall take precedence over other areas vulnerable to natural disaster in the implementation of the upgrade plan.
(3) Specific matters concerning restrictions on acts under paragraph (1) shall be prescribed by the Municipal Ordinance of the relevant local government.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
SECTION 2 Damage Caused by Storm and Flood
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 Article 16 (Formulation of Comprehensive Plans to Reduce Damage from Storm and Flood)   print
(1) The head of a Si/Gun/Gu shall formulate a comprehensive plan to reduce damage from storm and flood for a Si/Gun/Gu (hereinafter referred to as the "Si/Gun/Gu comprehensive plan") every five years for the prevention and reduction of damage from storm and flood, and finalize such plan by obtaining approval from the Administrator of the National Emergency Management Agency, as prescribed by Presidential Decree, after obtaining the Mayor/Do governor's approval.
(2) The Mayor/Do governor shall formulate a comprehensive plan to reduce damage from storm and flood for the City/Do (hereinafter referred to as the "City/Do comprehensive plan") based on the Si/Gun/Gu comprehensive plan and finalize such plan after obtaining approval from the Administrator of the National Emergency Management Agency, as prescribed by Presidential Decree.
(3) The Mayor/Do governor or the head of a Si/Gun/Gu shall each formulate a project implementation plan for the City/Do comprehensive plan or the Si/Gun/Gu comprehensive plan every year, and shall submit the project implementation plan to the Administrator of the National Emergency Management Agency.
(4) The Administrator of the National Emergency Management Agency may subsidize part of the cost of the project for reducing damage caused by storm and flood from the National Treasury after examining project implementation plans submitted under paragraph (3) .
(5) The procedures under paragraphs (1) and (2) shall apply mutatis mutandis to cases where the head of a Si/Gun/Gu and the Mayor/Do governor intend to change the Si/Gun/Gu comprehensive plan and the City/Do comprehensive plan, respectively.
(6) In cases where any person with the authority of formulating and revising the metropolitan urban planning, the basic urban planning and the urban management planning provided for in Articles 11, 18 and 24 of the National Land Planning and Utilization Act formulates or revises the metropolitan urban planning, the basic urban planning and the urban management planning, he/she shall reflect the Si/Gun/Gu comprehensive plan and the City/Do comprehensive plan.
(7) Necessary matters concerning the formulation of the Si/Gun/Gu comprehensive plan and the City/Do comprehensive plan shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 17 (Establishment and Operation of Flood Control Standards)   print
(1) The flood control standards for enhancing flood damage durability of facilities, from among flood control standards, shall be established by the heads of the relevant central administrative agencies, and the flood control standards for preventing the flooding of underground spaces shall be established by the Administrator of the National Emergency Management Agency after consultation thereabout with the heads of the relevant central administrative agencies.
(2) Facilities and underground spaces for which the flood control standards are required to be established pursuant to paragraph (1) (hereinafter referred to as "subjects to the establishment of flood control standards") shall be prescribed by Presidential Decree from among facilities falling under any of following subparagraphs:
1. Facilities:
(a) Small river appurtenances under subparagraph 3 of Article 2 of the Small River Maintenance Act;
(b) River appurtenances under subparagraph 3 of Article 2 of the River Act;
(c) Infrastructures under subparagraph 6 of Article 2 of the National Land Planning and Utilization Act;
(d) Sewer pipes under subparagraph 3 of Article 2 of the Sewerage Act;
(e) Agricultural production infrastructures under subparagraph 6 of Article 2 of the Rearrangement of Agricultural and Fishing Villages Act;
(f) Facilities for preventing the land erosion or the collapse under subparagraph 3 of Article 2 of the Work against Land Erosion or Collapse Act;
(i) Harbor facilities under subparagraph 5 of Article 2 of the Harbor Act;
2. Underground spaces:
(a) Infrastructures and utility-pipe conduits under subparagraphs 6 and 9 of Article 2 of the National Land Planning and Utilization Act;
(c) Metropolitan electric railways under subparagraph 2 (b) of Article 2 of the Special Act on the Management of Metropolitan Transport in Metropolitan Areas;
(3) Anyone who installs facilities subject to the establishment of flood control standards, shall apply flood control standards under paragraph (1) in designing or constructing such facilities.
(4) Where the head of any local government inspects the work completion of or approves the use of facilities subject to the establishment of flood control standards, he/she shall confirm whether the flood control standards are applied to such facilities as prescribed by the Administrator of the National Emergency Management Agency, and shall inspect the work completion or approve the use thereof if such standards are satisfied.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 18 (Establishment and Utilization of Flood Prevention Standards by District)   print
(1) If it is deemed necessary to reduce disasters in areas prone to flooding, areas expected to suffer flood-caused damage and flood-damaged areas, the Administrator of the National Emergency Management Agency shall establish flood prevention standards by district.
(2) When the heads of agencies in charge of disaster management formulate plans for the development project, the project aimed at upgrading the areas vulnerable to natural disaster, the project aimed at restoring the disaster-hit area to the original state and other projects aimed at reducing disasters (hereinafter referred to as the "development project, etc."), they may apply flood prevention standards by district under paragraph (1) to the formulation of such plans.
(3) The head of a Si/Gun/Gu may, when he/she permits the development project, etc., recommend the relevant project undertaker to apply flood prevention standards by district to his/her development project after analyzing the impact of his/her development project on the development area and adjacent areas in order to prevent any disaster.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 19 (Formulation of Measures to Reduce Rainwater Outflow and Establishment and Operation of Standards on Facilities for Reduction of Rainwater Outflow)   print
(1) Anyone who undertakes the development project, etc. or manages public facilities shall formulate measures to reduce rainwater outflow and install facilities for the reduction of rainwater outflow, as prescribed by Presidential Decree.
(2) Standards for the types, structures, installation, maintenance and management of facilities for the reduction of rainwater outflow referred to in paragraph (1) shall be established by Presidential Decree.
(3) The heads of the relevant central administrative agencies shall develop and disseminate techniques to reduce rainwater outflow, which are tailored for the characteristics of every project, in accordance with the standards referred to in paragraph (2) .
(4) When the heads of local governments intend to inspect the completion of work for the development project, etc. and public facilities referred to in paragraph (1) or to approve their use, they shall confirm whether such work or public facilities are in conformity with the standards for the facilities for the reduction of rainwater outflow referred to in paragraph (2), and, if such work or public facilities are in conformity with the standards, shall inspect the completion of such work and approve the use of such public facilities.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 20 (Establishment of Standards for Wind-Resistance Designs)   print
(1) The heads of the relevant central administrative agencies shall establish the standards for wind-resistance designs in relevant Acts and subordinate statutes, etc. for facilities prescribed by Presidential Decree from among facilities falling under each of the following subparagraphs, which are likely to suffer from disasters caused by typhoon, strong wind, etc, and shall supervise implementing such standards:
1. Buildings under the Building Act;
2. Airport facilities under the Aviation Act;
3. Amusement park facilities under the Tourism Promotion Act;
5. Cable railway facilities under the Tramway Transportation Act;
6. Cranes and lifts under the Occupational Safety and Health Act;
7. Outdoor advertisements under the Outdoor Advertisements, etc. Control Act;
9. Harbor facilities under the Harbor Act;
10. Railroad facilities under the Framework Act on Railroad Industry Development;
11. Other facilities prescribed by Presidential Decree.
(2) The heads of the relevant central administrative agencies shall, when they have established the standards for wind-resistance designs referred to in paragraph (1), notify the head of the Central Headquarters thereof, and the head of the Central Headquarters may, if it is deemed necessary, ask the heads of the relevant central administrative agencies to supplement such standards.
(3) The heads of local governments shall, when they permit the facilities that are required to be installed in accordance with wind-resistance designs referred to in paragraph (1), confirm matters concerning the application of the standards for wind-resistance designs and permit the facilities if they are in conformity with the standards for wind-resistance designs.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 21 (Design and Use of Various Disaster Maps)   print
(1) The heads of local governments shall design and widely use disaster maps prescribed by Presidential Decree in order to take measures for reducing natural disasters such as river inundation, etc. and help evacuate residents quickly: Provided, That where the provisions of other Acts and subordinate statutes especially govern the design and use of disaster maps, such disaster maps may be designed and used, as prescribed by such Acts and subordinate statutes. <Amended by Act No. 8170, Jan. 3, 2007; Act No. 10433, Mar. 7, 2011>
(2) In cases where any inundation-caused damage occurs, the heads of local governments shall investigate flooding, inundation and other damage traces (hereinafter referred to as "traces of flooding"), prepare and keep a drawing of traces of flooding, and mark and manage a drawing of traces of flooding on the spot. <Amended by Act No. 10433, Mar. 7, 2011>
(3) Deleted. <by Act No. 8999, Mar. 28, 2008>
(4) Detailed matters concerning the disaster maps referred to in paragraph (1), the preparation, preservation and use of a drawing of traces of flooding referred to in paragraph (2), the places where traces of flooding are marked, and the methods of marking or maintaining and managing thereof, shall be prescribed by Presidential Decree. <Amended by Act No. 8170, Jan. 3, 2007; Act No. 10433, Mar. 7, 2011>
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 Article 21-2 (Recording and Preservation of Disaster Situation, etc.)   print
(1) Where a natural disaster occurs and its scale corresponds to or is larger than a scale prescribed by Ordinance of the Ministry of Public Administration and Security, the head of a local government shall prepare and keep the detailed records on the disaster situation, including the current state of disaster occurrence, the prevention of disasters, the countermeasures, and the emergency measures, etc.
(2) The head of the Central Headquarters or the head of the Local Headquarters may collect visual spatial data on damage-hit places or take photographs of such places from an elevated position, when it is deemed necessary for the investigation or analysis of causes of damage and recovery projects.
(3) The head of the Central Headquarters may, if he/she deems necessary, subsidize all or some of expenses incurred in taking photographs of damage-hit places from an elevated position by the head of the Local Headquarters under paragraph (2) .
(4) Necessary matters concerning recording, preserving and utilizing disaster situation under paragraph (1) or necessary matters concerning the regions, methods and timing of aerial photogrammetry under paragraph (2) shall be prescribed by Ordinance of the Ministry of Public Administration and Security.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 21-3 (Utilization of Information on Disasters including Drawings of Traces of Flooding, etc.)   print
The heads of related administrative agencies shall utilize the disaster maps including a drawing of traces of flooding pursuant to Article 21 and records on the disaster situation, visual spatial data or aerial photogrammetry data pursuant to Article 21-2, when they conduct the following acts:
1. Prior consultations on examination of factors influencing disasters under Article 4;
2. Designation of areas vulnerable to natural disasters under Article 12;
3. Formulation of plans to upgrade areas vulnerable to natural disasters under Article 13;
4. Formulation of project plans for areas vulnerable to natural disasters under Article 14;
5. Formulation of comprehensive plans for the reduction of damage from storm and flood under Article 16.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 22 (Cooperation from Flood Control Stations)   print
The heads of flood control stations shall cooperate with the head of the Central Headquarters and the head of the Local Headquarters on matters concerning flood forecast and alerts, observation of various floodgates, information on floodgates, etc.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
SECTION 3 Deleted.<by Act No. 9001, Mar. 28, 2008>
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 Articles 23 through 25 Deleted.<by Act No. 9001, Mar. 28, 2008>   print
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 Article 25-2 (Investigation and Study for Reduction of Damage Caused by Sea Waves)   print
(1) The head of the Central Headquarter, the heads of the Local Headquarters and the heads of the relevant central administrative agencies shall conduct an investigation and study necessary for reducing damage caused by sea waves.
(2) The head of the Central Headquarter, the heads of the Local Headquarters and the heads of the relevant central administrative agencies may ask the heads of relevant agencies that keep sea wave-related data or the heads of research institutes for the observation of weather to provide cooperation for an investigation and study for the reduction of damage caused by sea waves. In such cases, the heads of relevant agencies and the heads of research institutes for the observation of weather shall comply with such request, unless any extraordinary ground exists to the contrary.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 25-3 (Designation of Areas Vulnerable to Sea Wave)   print
(1) The head of a Si/Gun/Gu shall designate and announce the following areas, which are likely to suffer from damage from sea waves, such as flooding, as areas vulnerable to sea waves, and shall report the outcomes of such designation and announcement thereof to the Administrator of the National Emergency Management Agency and the heads of the relevant central administrative agencies, after reporting to the Mayor/Do governor:
1. An area which has suffered damage caused by storm surge;
2. An area which has suffered damage caused by tsunami;
3. An area prescribed by Presidential Decree, which is likely to suffer damage caused by sea waves.
(2) The heads of Local Headquarters may order or ask the relevant agency having jurisdiction over the area vulnerable to sea wave that is designated under paragraph (1) or the owner, occupant or manager of facilities installed in the relevant area (hereinafter in this Article referred to as "relevant persons") to take necessary measures to check on and upgrade the area with the aim of preventing any disaster, as prescribed by Ordinance of the Ministry of Public Administration and Security.
(3) The relevant agency or relevant person that is asked or ordered to take necessary measures to prevent any disaster pursuant to paragraph (2) shall take the necessary measures and notify the heads of Local Headquarters of the results thereof.
(4) The heads of Local Headquarters may take measures under paragraph (2) ex officio for areas vulnerable to sea waves, which are prescribed by Presidential Decree, including areas which have suffered damage caused by sea waves, or shall subsidize the part of expenses incurred in taking such measures for the owners of such areas.
(5) In cases where the danger of damage caused by sea wave is defused after the upgrade project is undertaken, etc, the head of a Si/Gun/Gu shall cancel the designation of the area vulnerable to sea wave after hearing opinions of experts in the relevant field and publish the result thereof.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 25-4 (Formulation and Implementation of Plans for Reduction of Damage from Sea Waves)   print
(1) The head of a Si/Gun/Gu shall formulate plans for the reduction of damage from sea waves for areas vulnerable to sea waves, which are designated and announced under Article 25-3 (1), and submit such plans to the Mayor/Do governor.
(2) The Mayor/Do governor, upon receiving plans for the reduction of damage from sea waves, shall submit them to the Administrator of the National Emergency Management Agency, and the Administrator of the National Emergency Management Agency may, if it is deemed necessary, ask the Mayor/Do governor to supplement such plans.
(3) Plans for the reduction of damage from sea waves under paragraph (1) shall include the following matters:
1. The principal directions for the reduction of damage from sea waves;
2. Current state on the designations of areas vulnerable to sea waves;
3. Preventive plans or investment plans for upgrading areas vulnerable to sea waves;
4. Emergency plans to prepare for sea waves under Article 37 (2) ;
5. Other matters prescribed by Presidential Decree, which are related to the reduction of damage from sea waves.
(4) The head of a Si/Gun/Gu shall, when he/she formulates plans for the reduction of damage from sea waves pursuant to paragraph (1), take into account comprehensive plans to reduce damage from storm and flood and development plans, etc. in the relevant areas.
(5) The head of a Si/Gun/Gu may include plans for the reduction of damage from sea waves in upgrade plans and projects plans and implement such plans, when it is deemed necessary for efficiently implementing plans for the reduction of damage from sea waves under paragraph (1) .
(6) The provisions of paragraphs (1) and (2) shall apply mutatis mutandis to cases where plans for the reduction of damage from sea waves under paragraph (1) are revised.
(7) Necessary matters concerning the formulation and implementation of plans for the reduction of damage from sea waves, other than matters prescribed under paragraphs (1) through (6), shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
SECTION 4 Damage Caused by Snow
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 Article 26 (Measures to Prevent and Reduce Damage Caused by Snow)   print
(1) The heads of agencies in charge of disaster management shall investigate and study measures to prevent damage caused by snow in preparation for the occurrence of damage caused by snow, and shall take measures to reduce any disaster arising from damage caused by snow.
(2) The heads of agencies in charge of disaster management shall take the following measures to prevent and reduce damage caused by snow:
1. The reform of organizations for the prevention of damage caused by snow;
2. Measures to remove snow on roads and ensure the smooth traffic in areas;
3. Measures to stockpile and manage supplies and materials, and to secure equipment necessary to prepare for any damage caused by snow;
4. The designation and management of vulnerable areas, including areas which are likely to suffer from isolation, avalanche and traffic disruption;
5. The designation and management of control areas leading to mountain trails in mountainous areas;
6. Education, training and public relations for the people about the measures to prevent and reduce damage caused by snow;
7. Measures to reduce damage caused by snow in farm and fishery facilities;
8. Other necessary measures to prevent and reduce damage caused by snow.
(3) The heads of agencies in charge of disaster management may request the heads of other agencies in charge of disaster management to provide cooperation, when it is necessary for measures to prevent and reduce damage caused by snow under paragraph (2) . In such cases, the heads of another agencies in charge of disaster management so requested for cooperation shall comply with such requests unless there exists any extraordinary ground to the contrary.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 26-2 (Designation of Areas prone to Damage Caused by Snow, etc.)   print
(1) The head of a Si/Gun/Gu shall designate and announce areas that have often suffered or are likely to suffer damage caused by heavy snow, such as isolation, avalanche and traffic disruption, or damage to farming or fishery facilities, as areas prone to damage caused by snow. and shall report the outcomes of such designation and announcement to the National Emergency Management Agency and the heads of the relevant central administrative agencies, after reporting them to the Mayor/Do governor.
(2) The head of a Si/Gun/Gu shall, when he/she intends to designate areas prone to damage caused by snow in accordance with paragraph (1), consult with the head of the relevant agency having jurisdiction over public facilities located within such areas. In such cases, the heads of the relevant agencies so requested for cooperation shall comply with the request unless there exists any extraordinary ground to the contrary.
(3) The Administrator of the National Emergency Management Agency may request the head of a Si/Gun/Gu to designate and announce areas that are likely to suffer damage caused by snow as areas prone to damage caused by snow.
(4) In cases where the danger of damage caused by snow is defused after the medium to long term measures, etc. in accordance with Article 26-3 (1) are implemented, the head of a Si/Gun/Gu shall cancel the designation of areas prone to damage caused by snow after hearing opinions of experts in the relevant field and publicly announce the result thereof.
(5) Detailed matters concerning the requirements and procedures for the designation of areas prone to damage caused by snow under paragraphs (1) and (4), the revocation thereof and the methods of managing such areas shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 26-3 (Medium to Long Term Measures to Reduce Damage Caused by Snow in Areas prone to Damage Caused by Snow)   print
(1) With regards to areas prone to damage caused by snow under the provisions of Article 26-2 (1), the head of a Si/Gun/Gu or the head of the relevant agency having jurisdiction over public facilities located within the relevant area shall formulate and implement medium to long term measures to prevent and reduce damage caused by snow, such as the establishment of facilities for the reduction of damage caused by snow.
(2) Procedures for the formulation of medium to long term measures under paragraph (1), matters which shall be included in medium to long term measures and other necessary matters concerning the formulation of medium to long term measures shall be prescribed by Presidential Decree.
(3) When the management authority of public facilities in areas prone to damage caused by snow under paragraph (1) formulates medium to long term measures, it shall consult with the head of the competent Si/Gun/Gu. In such cases, the head of the relevant Si/Gun/Gu may request such management authority to supplement such measures, and the management authority so requested for supplementation shall comply with such request unless there exists any extraordinary ground to the contrary.
(4) The head of a Si/Gun/Gu may, if necessary, check the actual state on the formulation and implementation of medium to long term measures under paragraph (1) .
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 26-4 (Establishment of Standards for Snow-Resistance Designs)   print
(1) The heads of the relevant central administrative agencies shall establish the standards for snow-resistance designs in the relevant Acts and subordinate statutes, etc. for facilities prescribed by Presidential Decree, from among the following facilities which are likely to suffer a disaster caused by heavy snow, and supervise compliance with such standards:
1. Buildings under the Building Act;
2. Airport facilities under the Aviation Act;
3. Amusement facilities under the Tourism Promotion Act;
4. Roads under the Road Act;
5. Urban planning facilities under the National Land Planning and Utilization Act;
6. Cable railway facilities under the Tramway Transportation Act;
7. Outdoor advertisements under the Outdoor Advertisements, etc. Control Act;
8. Electric facilities under the Electric Utility Act;
9. Harbor facilities under the Harbor Act;
10. Railways and railway facilities under the Framework Act on Railroad Industry Development;
11. Urban railroads or urban railroad facilities under the Urban Railroad Act;
12. Facilities for agriculture, forestry and fishery under the Act on the Prevention of and Countermeasures against Agricultural and Fishery Disasters;
13. Other facilities prescribed by Presidential Decree.
(2) The heads of the relevant central administrative agencies shall, when they have established the standards for snow-resistance designs referred to in paragraph (1), notify the head of the Central Headquarters thereof, and the head of the Central Headquarters may, if necessary, request the heads of the relevant central administrative agencies to supplement such standards.
(3) When the heads of local governments grant permission to facilities which shall be equipped with snow-resistance design under paragraph (1), they shall check matters concerning the application of standards for snow-resistance design and shall grant permission to such facilities, when they satisfy such standards.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 27 (Responsibilities of Persons in Charge of Managing Buildings for Removing Snow)   print
(1) Owners, occupants or managers of buildings who are responsible for managing the buildings (hereinafter referred to as the "building managers") shall perform the work of removing snow and ice on sidewalks, back streets and pedestrianized streets that surround the buildings.
(2) The specific scope of the responsibility of building managers to remove snow and ice and other necessary matters shall be prescribed by Municipal Ordinance of the relevant local government.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 28 (Securing of Budget for Measures to Prevent and Reduce Damage Caused by Snow)   print
The heads of agencies in charge of disaster management shall secure a budget necessary for smoothy implementing measures to prevent and reduce damage caused by snow under Article 26.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
SECTION 5 Droughts
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 Article 29 (Investigation and Study for Preventing Disasters Caused by Drought)   print
(1) The heads of agencies in charge of disaster management shall conduct a necessary investigation and study for the prevention of a disaster caused by drought.
(2) The heads of agencies in charge of disaster management may request the heads of the relevant administrative agencies which keep data related to droughts or the heads of weather observation research institutes to provide cooperation for the investigation and study to prevent droughts. In such cases, the heads of the relevant administrative agencies or the heads of weather observation research institutes, upon receiving requests for cooperation, shall comply with such requests unless there exists any extraordinary ground to the contrary.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 30 (Restrictions on Water Supply and Electricity Generation for Overcoming Droughts)   print
(1) The heads of the relevant central administrative agencies, the heads of local governments and persons who manage water resources (hereinafter referred to as "managers of water resources"), including the President of the Korea Water Resources Corporation under the Korea Water Resources Corporation Act may take measures, including restricting water supply and electricity generation in an effort to overcome disasters caused by droughts.
(2) When managers of water resources intend to take measures under paragraph (1), they shall notify the beneficiaries of water resources and electricity of details of restrictions on water supply and electricity generation in advance.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 31 (Obligations of Managers of Water Resources)   print
When the managers of water resources are requested by the heads of local governments to cooperate in managing water resources in order to reduce disasters caused by draught, they shall comply with such requests unless there exists any extraordinary ground to the contrary.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 32 (Maintenance and Management of Facilities to Overcome Droughts)   print
The heads of agencies in charge of disaster management shall take necessary measures with regard to their duties, including the designation and management of a forest protection zone (excluding a zone for the protection of forest genetic resources) under the Forest Protection Act, afforestation, dredging of deposit soil, and the artificial recharge and circulation of underground water resources, in an effort to both recharge the water resources of dams, reservoirs and underground water resources, etc, and to maintain and improve the functions thereof.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 33 (Medium to Long Term Measures to Reduce Damage in Areas Prone to Droughts)   print
(1) The head of a Si/Gun/Gu shall designate and announce areas which have often suffered or are likely to suffer damage caused by droughts as areas prone to droughts, and report the outcomes of such designation and announcement to the Administrator of the National Emergency Management Agency and the heads of the relevant central administrative agencies, after reporting them to the Mayor/Do governor.
(2) The head of a Si/Gun/Gu shall formulate and implement medium to long term measures to reduce damage caused by droughts in areas prone to droughts, including the establishment of facilities collecting rainwater.
(3) The heads of the relevant central administrative agencies may subsidize some of expenses incurred in conducting projects for medium to long term measures formulated by the head of a Si/Gun/Gu.
(4) Requirements and procedures for the designation of areas prone to droughts under paragraph (1) and the revocation thereof, the guidelines for managing such areas, and detailed matters concerning the formulation of medium to long term measures under paragraph (2) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
CHAPTER III DISASTER INFORMATION AND EMERGENCY SUPPORT, ETC.
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 Article 34 (Establishment of Disaster Information System)   print
(1) The heads of agencies in charge of disaster management shall establish and operate the system of managing and using the disaster information (hereinafter referred to as the "disaster information system") necessary for natural disaster prevention, preparedness, response and recovery.
(2) The heads of agencies in charge of disaster management may request the heads of related agencies in charge of disaster management to provide data necessary for establishing the disaster information system. In such cases, the heads of related agencies in charge of disaster management, upon receiving requests for cooperation, shall comply with such requests unless there exists any extraordinary ground to the contrary.
(3) The Administrator of the National Emergency Management Agency shall establish and operate a comprehensive disaster information system for linking, sharing and distributing the disaster information system established by the heads of agencies in charge of disaster management under paragraph (1) .
(4) When the heads of agencies in charge of disaster management or the Administrator of the National Emergency Management Agency establish and operate the disaster information system under paragraphs (1) and (3), they shall entrust the development and operation of such information system to the civil sector, except in cases where it is impossible to entrust the relevant business to the civil sector or it is determined significantly better for administrative agencies to develop and operate such system on their own in terms of economic feasibility, efficiency and security.
(5) Detailed matters concerning the scope of establishing the disaster information system referred to in paragraphs (1) and (3), procedures for operating and plans for utilizing such system shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 35 (Establishment of Central Emergency Support System)   print
(1) The heads of central administrative agencies shall, in cases where any natural disaster occurs or is feared to occur, formulate emergency support plans for matters falling under their duties, from among the following matters, to make sure that national support shall be provided in a fast manner:
1. The Ministry of National Defense: Matters concerning the provision of human resources and equipment;
2. The Ministry for Food, Agriculture, Forestry and Fisheries: Matters concerning the support for the quarantine and the epidemic control of farm and livestock commodities, etc;
3. The Ministry of Knowledge Economy: Matters concerning the support for supply and demand of emergency energy and the smooth communications, etc. in the disaster-hit area;
4. The Ministry of Health and Welfare: Matters concerning medical services, sanitation, the prevention of infectious diseases and quarantine, etc. in the disaster-hit area;
5. The Ministry of Environment: Matters concerning the support for the supply of emergency potable water, and the support for the treatment of toxic chemicals, the collection and treatment of trashes, etc. in the disaster-hit area;
6. The Ministry of Land Transport and Maritime Affairs: Matters concerning the support for emergency traffic means, the support for marine transportation and physical distribution, etc;
7. The Ministry of Culture, Sports and Tourism: Matters concerning public relations about the control of disaster, etc;
8. The Public Procurement Service: Matters concerning the supply of recovery materials, etc;
9. The National Police Agency: Matters concerning the maintenance of social order and traffic control in the disaster-hit area;
10. The National Emergency Management Agency: Matters concerning the accommodation and the relief of the victims of disasters, emergency financial support therefor and the collection, the analysis and the dissemination of information, etc;
11. The National Maritime Police Agency: Matters concerning the various support for and the relief of the victims of disaster on the sea;
12. Other matters prescribed by Presidential Decree concerning emergency support for each Ministry.
(2) The heads of central administrative agencies falling under each subparagraph of paragraph (1) shall establish a close cooperative system with the relevant administrative agencies and related agencies, in preparation for natural disasters which require the relevant support, and take countermeasures against such disasters in accordance with emergency support plans by area under paragraph (1) after consulting with the head of the Central Headquarters in cases where any disaster occurs.
(3) The heads of central administrative agencies shall, if they formulate emergency support plans pursuant to paragraph (1), each submit such emergency support plan to the head of the Central Headquarters.
(4) The head of the Central Headquarters may request the heads of central administrative agencies to supplement emergency support plans formulated by them, with regard to matters which shall be supplemented. In such cases, the heads of the relevant central administrative agencies, upon receiving requests for supplementation, shall comply with such requests unless there exists any extraordinary ground to the contrary.
(5) In cases where any disaster which require emergency support occurs is likely to occur, the head of the Central Headquarters may organize a supporting team in collaboration with the relevant central administrative agencies and dispatch such team to the actual place of disasters, as prescribed by Presidential Decree.
(6) The head of the Central Headquarters may prepare and distribute establishment guidelines on the emergency support system, check countermeasures taken by the relevant central administrative agencies in accordance with emergency support plans, evaluate emergency support plans, award a prize and take other necessary measures, in an effort to efficiently establish and operate the central emergency support system under paragraph (1) .
(7) Necessary matters concerning the establishment of the emergency support system in preparation for disasters by each central administrative agency, other than matters prescribed under paragraphs (1) through (6), shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 36 (Establishment of Regional Emergency Support System)   print
In cases where any disaster occurs or any disaster is feared to occur, the head of the City/Do, the head of the Si/Gun/Gu Headquarters, and the heads of agencies in charge of disaster management having jurisdiction over the part or whole of the City/Do and the Si/Gun/Gu shall formulate emergency support plans for affairs falling under their jurisdictions, as prescribed by Presidential Decree, so as to operate the support system in a fast manner in accordance with supporting functions by each affair.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 37 (Formulation of Emergency Plans for Various Facilities, etc.)   print
(1) The management authority of facilities or areas shall formulate emergency plans to reduce damage for dams, multiple-use facilities or coastal areas, which are likely to suffer grave damage to the human lives or properties due to typhoon, earthquake, tsunami or other natural phenomena.
(2) The kinds and scales, etc. of the facilities and the areas, for which the emergency plan is required to be formulated under paragraph (1) from among the facilities and the areas falling under each of the following subparagraphs, shall be prescribed by Presidential Decree: Provided, That in cases where special provisions concerning the formulation of emergency plans exist in other Acts and subordinate statues, such plans may be formulated under such Acts and subordinate statues:
1. Facilities subject to earthquake-proof designs;
2. Facilities that are feared to suffer damage that is caused by tidal waves, river inundation, heavy rainfall and typhoon, etc;
3. Dams and reservoirs that are feared to collapse;
4. Areas deemed to require the formulation of emergency plans by the head of the Local Headquarters, from among areas vulnerable to natural disasters.
(3) The Administrator of the National Emergency Management Agency may prepare and distribute guidelines for the establishment of emergency plans referred to in paragraph (1) in order to support efficiently the formulation of emergency plans.
(4) Procedures for the formulation of emergency plans and matters that are required to be included in emergency plans and other matters necessary to formulate such plans shall be prescribed by Presidential Decree.
(5) The management authority of the facilities or the areas referred to in paragraph (1) shall, when they formulate the emergency plan, consult in advance with the head of the Local Headquarters having jurisdiction over such facilities or such areas. In such cases, the head of the relevant Local Headquarters may ask the management authority to supplement the emergency plan and the management authority shall comply with the request, unless there exists any extraordinary ground to the contrary.
(6) The head of the Local Headquarters may, if it is deemed necessary, check the actual state on the formulation of the emergency plan referred to in paragraphs (1) and (2) .
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 38 (Formulation of Anti-Disaster and Safety Measures by Proxy)   print
(1) Anyone who performs any of the following businesses may get the proxy for the formulation of anti-disaster and safety measures (hereinafter referred to as the "proxy") to perform duties, such as a basic survey, analysis and the preparation of documents, on his/her behalf:
1. The prior consultations on the examination of factors influencing disasters under Article 4;
2. The formulation of the comprehensive plan to reduce damage from storm and flood under Article 16;
3. The formulation of emergency plans under Article 37;
4. The evaluation of damage recovery projects under Article 57.
5. Other duties concerning anti-disaster and safety measures, which are prescribed by Presidential Decree.
(2) Any proxy shall satisfy requirements prescribed by Presidential Decree, including human resources engaged in the technology sector, and register with the Administrator of the National Emergency Management Agency, as prescribe by Ordinance of the Ministry of Public Administration and Security. The same shall apply to revisions to important matters prescribed by Presidential Decree, from among registered matters.
(3) Anyone who intends to revise important matters prescribed by Ordinance of the Ministry of Public Administration and Security from among the registered matters under paragraph (2) shall register revised matters, as prescribed by Ordinance of the Ministry of Public Administration and Security.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 38-2 (Calculation Standards for Expenses Incurred in Conducting Anti-disaster Affairs by Proxy)   print
The Administrator of the National Emergency Management Agency shall determine and publicly announce the calculation standards for expenses incurred in conducting affairs by proxy under Article 38.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 39 (Grounds for Disqualification of Proxy Registration)   print
No one falling under any of the following subparagraphs may be registered as a proxy:
1. An incompetent person or a quasi-incompetent person;
2. A person who has not been reinstated after he/she was declared bankrupt;
3. A person who has been sentenced to imprisonment without prison labor or a heavier punishment for violating this Act and for whom two years have not passed from the date on which the execution of the sentence was terminated or the non-execution of the sentence was confirmed;
4. A corporation that has an officer who falls under any of subparagraphs 1 through 3 from among its officers.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 40 (Matters to Be Observed by Proxy)   print
(1) A proxy shall, when he/she performs businesses under each of subparagraphs of Article 38 (1), observe the matters falling under each of the following subparagraphs: <Amended by Act No. 8170, Jan. 3, 2007>
1. He/she is required not to copy the details of other business for the formulation of anti-disaster and safety measures by proxy;
2. He/she is required to keep the details of anti-disaster and safety measures;
3. He/she is required not to falsely prepare preliminary data for executing the businesses of anti-disaster and safety measures.
(2) Every proxy shall be prohibited from lending his/her registration certificate or his/her name to another person and from subcontracting business of formulating the anti-disaster and safety measures entrusted to him/her, in the block to another person.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 41 (Suspension or Discontinuation of Business)   print
A proxy shall, when he/she intends to suspend or discontinue the whole or part of his/her business or to resume his/her suspended business, make a report thereon to the Administrator of the National Emergency Management Agency, as prescribed by Ordinance of the Ministry of Public Administration and Security.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 42 (Revocation of Proxy Registration)   print
(1) The Administrator of the National Emergency Management Agency may, in cases where any proxy falls under any of the following subparagraphs, revoke his/her registration or order him/her to suspend the whole or part of his/her business for the fixed period of not more than 6 months: Provided, That in cases where he/she falls under any of subparagraphs 1 through 3, his/her registration shall be revoked: <Amended by Act No. 8170, Jan. 3, 2007>
1. Where he/she falls under any subparagraph of Article 39: Provided, That the same shall not apply to a case where any person from among the executives of a corporation falls under any of subparagraphs 1 through 3 of Article 39 and another executive is appointed after replacing such person within 6 months;
2. Where he/she has his/her business registered by fraud or other wrongful means;
3. Where he/she commits an act that constitutes a reason for a disposition taken to suspend his/her business after having been subjected to a disposition taken to suspend his/her business two times during the recent one year;
4. Where he/she lends his/her registration certificate or his/her name to another person or subcontracts his/her contracted business of formulating anti-disaster and safety measures as a proxy to another person in a lump;
5. Where he/she fails to meet the registration requirements provided for in Article 38 (2) ;
6. Where he/she falsely formulates anti-disaster and safety measures, etc. or flimsily formulates the anti-disaster and safety measures, etc. by deliberation or gross negligence;
7. Where he/she has failed to commence his/her business of formulating anti-disaster and safety measures as a proxy within two years after the registration of his/her business or has shown no performance of formulating anti-disaster and safety measures as a proxy for not less than two years;
8. Where he/she violates this Act or any order given by this Act.
(2) Standards for taking the administrative disposition referred to in paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Public Administration and Security.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 43 (Hearings)   print
The Administrator of the National Emergency Management Agency shall, when he/she intends to revoke any registration pursuant to Article 42 (1), hold a hearing thereabout.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 44 (Continuation of Business of Proxy Whose Registration is Revoked or Business is Suspended)   print
(1) Anyone who is subject to a disposition taken to revoke his/her registration or suspend his/her business pursuant to Article 42 may continue his/her business of formulating the anti-disaster and safety measures as a proxy according to a contract on the formulation of anti-disaster and safety measures as a proxy, which is concluded prior to the disposition.
(2) Anyone who continues his/her business of formulating anti-disaster and safety measures as a proxy pursuant to paragraph (1) shall be deemed a proxy under this Act until his/her continued business is completed.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 45 (Preparation and Utilization of Action Guidelines by Disaster Type)   print
(1) The heads of agencies in charge of disaster management shall prepare and utilize action guidelines to cope with and control disasters by their type, which are tailored for the conditions of agencies and areas, in preparation for the occurrence of natural disasters.
(2) The head of the Central Headquarters may evaluate the action guidelines by disaster type, which have been prepared by the heads of agencies in charge of disaster management.
(3) Details to be included in action guidelines by disaster type shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
CHAPTER IV DISASTER RECOVERY
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 Article 46 (Formulation and Implementation of Disaster Recovery Plans)   print
(1) The heads of agencies in charge of disaster management shall formulate and implement disaster recovery plans without delay, when any natural disaster related to their competent duties or facilities occurs, except as otherwise provided by this Act or other Acts and subordinate statues.
(2) The head of the Central Headquarters shall formulate a disaster recovery plan under paragraph (1), finalize such plan after the deliberations thereof in a meeting of the Central Headquarters of Safety and Countermeasures Against Disasters under Article 14 (2) of the Framework Act and notify the head of a local government of such finalized plan.
(3) The head of a local government shall include expenses necessary for disaster recovery in the budget of the local government without delay, when he/she is notified of the disaster recovery plan under paragraph (2) .
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 46-2 (Disaster Register)   print
(1) The head of a local government and the head of a relevant administrative agency shall each record the damage inflicted to facilities, properties, etc. under his/her jurisdiction in a disaster register and keep it.
(2) Matters necessary for preparing, keeping, and managing disaster registers shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 47 (Central Joint Investigation Team)   print
(1) The head of the Central Headquarters shall, when it is deemed necessary, organize a central joint investigation team in collaboration with the relevant central administrative agencies (hereinafter referred to as the "investigation team") to conduct an investigation into natural disaster circumstances and formulate disaster recovery plans.
(2) The head of the Central Headquarters may request the heads of the relevant central administrative agencies to dispatch public officials under their jurisdictions to the Central Headquarters in order to organize the investigation team. In such cases, the heads of the relevant central administrative agencies so requested shall comply with such requests unless there exists any extraordinary ground to the contrary.
(3) The heads of the relevant central administrative agencies shall, upon receiving requests for the dispatch of public officials under their jurisdictions under paragraph (2), preferentially select and dispatch public officials who have completed education programs under Article 48 (2) to the Central Headquarters.
(4) Detailed matters concerning the organization and operation of the investigation team shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 48 (Training of Public Officials in Charge of Investigating Disasters)   print
(1) The head of the Central Headquarters and the heads of the relevant administrative agencies shall train public officials in charge of investigating disasters in order to ensure that a disaster investigation is conducted in a professional manner.
(2) The head of the Central Headquarters shall order public officials in charge of investigating disasters to complete education programs under Article 65 for the training of public officials in charge of investigating disasters under paragraph (1) in consultation with the heads of the relevant central administrative agencies and take other necessary measures.
(3) Necessary matters concerning the training of public officials in charge of investigating disasters, other than matters prescribed under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Public Administration and Security.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 49 (Preparation and Announcement of Plans for Implementing Disaster Recovery Projects)   print
(1) When agencies implementing disaster recovery projects need permission or authorization under the relevant Acts and subordinate statutes under each subparagraph of paragraph (4), they shall formulate implementation plans by project, publicly announce such plans after receiving authorization from the head of the relevant Local Headquarters and make sure that the public can peruse design documents.
(2) When agencies implementing disaster recovery projects formulate and announce plans for implementing disaster recovery projects under paragraph (1), they shall consult with the relevant agencies on matters falling under subparagraphs of paragraph (4) in advance.
(3) The heads of the relevant agencies, who receive requests for consultations from agencies implementing disaster recovery projects under paragraph (2), shall reply to details on consultations within 15 days after they receive such requests.
(4) In cases where agencies implementing disaster recovery projects have publicly announced plans for implementing disaster recovery projects after receiving authorization under paragraphs (1) through (3), they shall be deemed to have publicly notified or announced such plans after receiving permission, authorization, approval, revocation, determination, consent, consultations and reports falling under the following subparagraphs:
1. Designation of any tourist spot pursuant to Article 52 of the Tourism Promotion Act, and the approval of a plan to build tourist spots provided for in Article 54 of the same Act and the permission for projects aimed at building tourist spots provided for in Article 55 of the same Act;
2. Permission for occupying and using public waters provided for in Article 8 of the Public Waters Management and Reclamation Act, the consultation or the approval provided for in Article 10 of the same Act, the authorization for or the report on the implementation plan for occupying and using public waters provided for in Article 17 of the same Act, the license to reclaim public waters provided for in Article 28 of the same Act, the consultation or the approval of reclamation executed by the State, etc. as provided for in Article 35 of the same Act, and the approval of the implementation plan on the reclamation of public waters provided for in Article 38 of the same Act;
3. Permission for collecting aggregate provided for in Article 22 of the Aggregate Extraction Act;
4. Permission for changing the form and quality of land provided for in Article 56 (1) 2 of the National Land Planning and Utilization Act, permission for collecting soil and stones provided for in Article 56 (1) 3 of the same Act, the permission for installing public facilities, cutting standing timber, afforestation and collecting soil and stones in urbanization-coordinating zones provided for in Article 81 of the same Act, the preparation and authorization for the implementation plan provided for in Article 88 of the same Act, the permission for land transaction contracts provided for in Article 118 of the same Act and permission for entering another person's land provided for in Article 130 (2) of the same Act;
5. Permission for entering controlled protection zones provided for in Article 9 (1) 1 of the Protection of Military Bases and Installations Act and the consultation about matters for which any administrative agency grants permission, etc. pursuant to Article 13 of the same Act;
6. Permission for using administrative property under Article 30 of the State Property Act;
7. Permission for converting any farmland provided for in Article 34 of the Farmland Act, the report on the reversion of any farmland provided for in Article 35 of the same Act, and the permission for and consultations about the temporary use of any farmland for other purposes provided for in Article 36 of the same Act;
8. Permission for and the report on the installation of discharge facilities provided for in Article 23 of the Clean Air Conservation Act, Article 33 of the Water Quality and Ecosystem Conservation Act and Article 8 of the Noise and Vibration Control Act;
9. Decision on any road area provided for in Article 24 of the Road Act, the permission for anyone who is not the management agency to perform the road work provided for in Article 34 of the same Act and the permission for occupying any road provided for in Article 38 of the same Act;
10. Permission for changing the current state, etc. of any State-designated cultural property provided for in subparagraphs 1, 2, and 4 of Article 35 (1) of the Cultural Heritage Protection Act and the permission for using any State-owned cultural property provided for in the proviso to Article 66 of the same Act;
11. Permission for opening any private road provided for in Article 4 of the Private Road Act;
12. Permission for performing any act in the area where the work against land erosion or collapse is done pursuant to Article 14 of the Work Against Land Erosion or Collapse Act;
13. Permission for and the report on cutting down standing trees provided for in Article 36 (1) and (4) of the Creation and Management of Forest Resources Act;
14. Permission for converting any mountainous area provided for in Article 14 of the Management of Mountainous Districts Act, the report on the conversion of any mountainous area provided for in Article 15 of the same Act, and the permission, etc. for collecting soil and stones provided for in Article 25 of the same Act;
15. Permission for performing any work in a small river by any non-management agency provided for in Article 10 of the Small River Maintenance Act and the permission for occupying any small river provided for in Article 14 of the same Act;
16. Authorization for undertaking any general waterwork project provided for in Article 17 of the Water Supply and Waterworks Installation Act, the authorization for undertaking any waterwork project for the industrial use provided for in Article 49 of the same Act, the authorization for performing any exclusive tap-water work provided for in Article 52 of the same Act and the authorization for undertaking any water-work for exclusive industrial use provided for in Article 54 of the same Act;
17. Permission for running a business of developing fishing port facilities provided for in Article 23 of the Fishing Villages and Fishery Harbors Act;
18. Permission for reburying unclaimed graves provided for in Article 27 (1) of the Funeral Services, etc. Act;
19. Approval for any project plan provided for in Article 16 of the Housing Act;
20. Approval for any project plan provided for in Article 12 of the Installation and Utilization of Sports Facilities Act;
21. Permission for performing any act in any grassland creation area provided for in Article 21-2 of the Grassland Act and the permission for or consultations about the conversion of grassland provided for in Article 23 of the same Act;
22. Permission for executing any construction work related to a public sewage system provided for in Article 16 of the Sewerage Act, the permission for occupation and use provided for in Article 24 of the same Act and the report on the installation of drainage facilities provided for in Article 27 of the same Act;
23. Permission for undertaking any river work by any non-management agency provided for in Article 30 of the River Act, the permission for occupying and using any river provided for in Article 33 of the same Act and the permission for performing any act in any area that is planned to be converted to a river provided for in Article 38 of the same Act;
24. Permission for undertaking any harbor work provided for in Article 9 of the Harbor Act and the approval for a plan to undertake any harbor work provided for in Article 10 of the same Act.
(5) Matters necessary for the preparation and announcement of plans for implementing disaster recovery projects, other than matters prescribed under paragraphs (1) through (4), shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 49-2 (Implementation of Large-Scale Disaster Recovery Projects)   print
(1) Large-scale disaster recovery projects or disaster recovery projects which require expertise and technology, from among disaster recovery projects under the jurisdictions of local governments, which are finalized under Article 46, may be implemented directly by the Administrator of the National Emergency Management Agency or heads of the relevant central administrative agencies.
(2) Disaster recovery projects under paragraph (1) shall be as follows:
1. Large-scale projects which require an across-the-board upgrade of roads, bridges or river, etc. which span not less than two administrative districts;
2. Projects for specific local governments which have been hard hit or projects which require the review and support of specialized technology;
3. Projects for the areas prone to damage, which require the analysis of fundamental causes of disasters;
4. Other projects necessary for the prevention and reduction of disasters, which are prescribed by Presidential Decree.
(3) Necessary matters concerning the scale of disaster recovery projects under paragraph (2) and procedures for the implementation of such projects shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 50 (Methods of Placing Order and Entering into Contract for Recovery Work, etc.)   print
(1) The head of the relevant central administration agency or the head of any local government may, if it is deemed necessary to speedily recover any area hit by any natural disaster, place an order and enter into a contract for a lump sum bid, as prescribed by Presidential Decree.
(2) The term "lump sum bid" referred to in paragraph (1) means the design and construction work bidding that requires bidders to prepare the designs and drawings of the work along with bidding documents that are all needed to undertake such work and submit them, accompanied by their tenders, according to guidelines that are established by an agency in charge of undertaking the disaster recovery work when the bid is submitted.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 51 (Advance Payment of Recovery Expenses)   print
(1) The head of a Si/Gun/Gu may pay recovery expenses for matters prescribed by Presidential Decree, from among expenses subsidized for relief and disaster recovery under Article 66 (1) and (2) of the Framework Act, before recovery work is completed, when it is deemed necessary for fast relief and recovery related to natural disasters.
(2) Anyone who intends to receive recovery expenses in advance under paragraph (1) shall report quantified damage, etc. to the head of a Si/Gun/Gu, as prescribed by Presidential Decree.
(3) Necessary matters concerning the proportion and procedures of advance payment necessary for advance payment of recovery expenses under paragraph (1) shall be prescribed by Presidential Decree.
(4) The head of a Si/Gun/Gu may request the National Pension Service under Article 24 of the National Pension Act and the National Health Insurance Corporation under Article 12 of the National Health Insurance Act to provide data which helps to determine the major means of living of affected residents, in an effort to provide recovery expenses in advance under paragraph (1) . In such cases, the National Pension Service and the National Health Insurance Corporation shall comply with such request unless any extraordinary ground exists to the contrary.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 52 (Settlement of Recovery Budget, etc.)   print
(1) The heads of local governments may appropriate the balance of any disaster recovery subsidy generated by disaster recovery project for other disaster recovery projects with insufficient project expenses, after obtaining approval from the head of the Central Headquarters, notwithstanding the provisions of Articles 45 and 47 (1) through (3) of the National Finance Act and Article 22 of the Act on the Budgeting and Management of Subsidies.
(2) When the head of the Central Headquarters intends to grant approval under paragraph (1), he/she shall consult with the Minister of Strategy and Finance in advance.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 53 (Preferential Supply of Materials, etc. for Recovery, etc.)   print
(1) The heads of the relevant central administrative agencies and the heads of local governments shall preferentially procure and supply various materials necessary for disaster recovery projects, in preference to other projects.
(2) The head of the Central Headquarters and the head of the Local Headquarters may request the heads of the relevant administrative agencies to take measures necessary for supply and demand of materials for disaster recovery. In such cases, the heads of the relevant administrative agencies, upon receiving requests, shall comply with such requests unless there exists any extraordinary ground to the contrary.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 54 (Refund of Recovery Expenses)   print
(1) In cases where anyone who has received recovery expenses, relief expenses or consolation benefits (hereinafter referred to as "recovery expenses, etc." in this Article) falls under any of the following subparagraphs, the head of a Si/Gun/Gu shall notify him/her of the refund of recovery expenses, etc., as prescribed by Ordinance of the Ministry of Public Administration and Security:
1. Cases where he/she has received recovery expenses, etc. in a fraudulent manner:
2. Cases where grounds for the payment of recovery expenses, etc. are retroactively extinguished after he/she has received recovery expenses, etc;
3. Cases where other grounds prescribed by Presidential Decree occur.
(2) Anyone who has been notified of refunding recovery expenses, etc. under paragraph (1) shall refund without delay such recovery expenses.
(3) In cases where recovery expenses, etc. to be refunded under paragraph (2) are not refunded by a specified deadline, such expenses shall be collected by referring to the practices of dispositions on default of national taxes or local taxes.
(4) The collection of the refund referred to in paragraph (3) shall take precedence over other public charges with the exception of the national tax and the local tax.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 55 (Management of Recovery Projects)   print
(1) The head of the Central Headquarters shall guide, check and manage every disaster recovery project for the efficient implementation thereof and he/she may, if it is deemed necessary, order the correction of the relevant disaster recovery project (including the correctional order given on the spot) . In such cases, the heads of the relevant agencies shall, upon receiving the correctional order, comply with it unless there exists any extraordinary ground to the contrary.
(2) In cases where the head of the Local Headquarters implements the disaster recovery project with a scale of not less than a specific scale prescribed by Presidential Decree, he/she shall conduct the prior deliberation of the disaster recovery project by the head of the Central Headquarters and the head of City/Do Headquarter respectively before the implementation designs and the completion of work are made.
(3) The heads of the Central Headquarters and the heads of the City/Do Headquarters may respectively organize and operate a committee for the prior deliberation under paragraph (2), and necessary matters concerning the organization and operation of the committee shall be prescribed by Ordinance of the Ministry of Public Administration and Security and Municipal Ordinance of the relevant local government.
(4) Necessary matters concerning the scope, standards and procedures of projects subject to the prior deliberation under paragraph (2), and revisions to project plans, etc. shall be prescribed by Ordinance of the Ministry of Public Administration and Security.
(5) The head of agency in charge of disaster management that implements any disaster recovery project, shall notify the head of the Central Headquarters of the progress of such disaster recovery project, as prescribed by Presidential Decree.
(6) The head of the relevant central administrative agency shall check any disaster recovery project that is implemented by any agency under his/her jurisdiction and notify the head of the Central Headquarters of the results thereof, as prescribed by Presidential Decree.
(7) The head of City/Do Headquarters shall check any disaster recovery project that is implemented by the head of a Si/Gun/Gu and notify the head of the Central Headquarters of the results thereof, as prescribed by Ordinance of the Ministry of Public Administration and Security.
(8) The head of a Si/Gun/Gu shall take measures to supplement its organization and human resources necessary for the fast implementation of disaster recovery projects.
(9) The head of the Central Headquarters may commission the prior deliberation on the implementation designs and on the work completion for the disaster recovery project referred to in paragraph (2) to any specialized institution.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 56 (Expropriation of Land)   print
(1) Any agency implementing disaster recovery projects may, when it is deemed necessary to implement its disaster recovery project, expropriate or use land and buildings locate within the project area or articles affixed to such land or other rights than the ownership of such land, buildings and articles.
(2) In cases where the authorization of plans for implementing disaster recovery projects is obtained and publicly announced under Article 49, a project approval and public announcement of a project approval under Articles 20 (1) and 22 of the Act on Acquisition of and Compensation for Land, etc. for Public Works shall be deemed to have granted, and applications for an adjudication may be filed within the period for the implementation of disaster recovery projects, notwithstanding the provisions of Articles 23 (1) and 28 (1) of the same Act.
(3) The Act on Acquisition of and Compensation for Land, etc. for Public Works shall apply mutatis mutandis to the expropriation or the use referred to in paragraph (1) except as otherwise especially provided for in this Act.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 57 (Analysis and Evaluation of Disaster Recovery Projects)   print
(1) In cases where the head of a Si/Gun/Gu has implemented a disaster recovery project with a scale of not less than a specific scale prescribed by Presidential Decree, he/she shall analyze and evaluate the effects and economic feasibility of the project as of the last day of the following year.
(2) The Administrator of the National Emergency Management Agency may, when it is deemed necessary, directly analyze and evaluate the effects and economic feasibility of any disaster recovery project implemented by the head of a Si/Gun/Gu, notwithstanding the provisions of paragraph (1) .
(3) The head of a Si/Gun/Gu shall submit the results of the analysis and evaluation referred to in paragraph (1) to the Administrator of the National Emergency Management Agency and reflect such results in formulating Si/Gun/Gu comprehensive plans under Article 16.
(4) Necessary detailed standards concerning analysis, evaluation and procedures for submission under paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Public Administration and Security.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
CHAPTER V RESEARCH AND TECHNOLOGY DEVELOPMENT FOR NATURAL DISASTER REDUCTION
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 Article 58 (Promotion of Research and Development Project for Preventing Natural Disasters, etc.)   print
(1) The Government shall implement the research and development project and other related projects on developing techniques to prevent natural disasters, in an effort to promote the development of such techniques for the protection of lives and properties of citizens and core infrastructures.
(2) The Administrator of the National Emergency Management Agency and the heads of agencies in charge of disaster management may provide administrative and financial support for the promotion of research and development projects and related projects under paragraph (1) .
(3) Necessary matters concerning the administrative and financial support referred to in paragraph (2) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 58-2 (Formulation of Plans to Develop Technology for Natural Disaster Reduction)   print
(1) The Administrator of the National Emergency Management Agency shall formulate plans for developing the technology for natural disaster reduction (hereinafter referred to as "development plans") after deliberation by the National Science and Technology Council under Article 9 of the Framework Act on Science and Technology, in an effort to promote the research and development of techniques to prevent natural disasters and technology for natural disaster reduction (hereinafter referred to as "technology for natural disaster reduction") under Article 58 (1) and foster related industries.
(2) The following matters shall be included in development plans:
1. Basic objectives and direction in developing the technology for natural disaster reduction;
2. Promoting the development of the technology for natural disaster reduction and policies for the utilization thereof;
3. Annual plans on investments in and implementation of projects for developing the technology for natural disaster reduction;
4. Matters on the dissemination of the previously developed technology;
5. Fosterage of institutions, corporations, organizations and industries which perform the functions such as technology development and technology support, etc;
6. Management of information regarding the technology for natural disaster reduction;
7. Demand and supply and the wide-use of human resources specialized in the technology for natural disaster reduction and training of such technology human resources;
8. Fosterage of research institutions for the development of the technology for natural disaster reduction;
9. Other important matters related to the development of the technology for natural disaster reduction.
(3) The Administrator of the National Emergency Management Agency may request the heads of agencies in charge of disaster management, etc. to provide cooperation in order to efficiently implement development plans for the research and development of the technology for natural disaster reduction, and the establishment of infrastructure and fosterage of industry thereof.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 58-3 (Promotion of Projects for Developing Technology for Natural Disaster Reduction)   print
(1) The Administrator of the National Emergency Management Agency may conduct the research and development projects for the technology for natural disaster reduction necessary for the development of the technology for natural disaster reduction, concluding agreements with institutions or organization prescribed by Presidential Decree in order to protect the lives and properties of the people and to develop the economy in a sustainable way.
(2) Expenses incurred in conducting the research and development projects for the technology for natural disaster reduction under paragraph (1) shall be covered by contributions from the Government or any person other than the Government or by other technology development expenses from companies.
(3) The Administrator of the National Emergency Management Agency may, when it is necessary for the efficient promotion of the research and development projects for researching and developing the technology for natural disaster reduction under paragraph (1), designate a specialized institution for the development of the technology for natural disaster reduction and have such institution perform duties related thereto.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 59 (Commercialization of Technology for Natural Disaster Reduction)   print
(1) The Government shall come up with policy necessary for training the following business operators, etc:
1. Any business operator who develops or commercializes the technology for natural disaster reduction;
2. Anyone who runs the business focused on making investments in the development of the technology for natural disaster reduction;
3. Any industrial company in the field of natural disaster reduction;
4. Other business operators related to natural disaster reduction, who are prescribed by Presidential Decree.
(2) The Government may implement the project falling under each of the following subparagraphs in order to promote the commercialization of the technology for natural disaster reduction:
1. Fosterage of specialized institutions to support the commercialization of the technology for natural disaster reduction;
2. A commercialization project for the patented technology related to natural disaster reduction;
3. Support for human resources, facilities and information necessary for the commercialization of the technology for natural disaster reduction or technological guidance therefor;
4. An educational support project for the training of experts in the field of natural disaster reduction;
5. Other projects necessary for promoting the commercialization of the technology for natural disaster reduction.
(3) Anyone who operates financial resources falling under each of the following subparagraphs (hereinafter referred to as the "operator of financial resources") may provide support for funds necessary for the person falling under paragraph (1) from such financial resources:
1. The fund for the establishment and promotion of small and medium enterprises under the Small and Medium Enterprises Promotion Act;
2. The fund for the promotion of science and technology (limited to the loan business) provided for in the Framework Act on Science and Technology;
3. The technology development fund of the Korea Development Bank under the Korea Development Bank Act or of the Industrial Bank of Korea under the Industrial Bank of Korea Act;
4. Other special funds created by the Government for the support of technology development.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 60 (Support for Assessment of Technology for Natural Disaster Reduction)   print
(1) The Government may conduct an assessment of the technology for natural disaster reduction and the industrial companies relating to natural disaster reduction, upon receiving their applications, in order to facilitate the dissemination of the quality technology for natural disaster reduction and to commercialize such technology.
(2) The Government may have a specialized institution prescribed by Presidential Decree act as a proxy in conducting an assessment (hereinafter referred to as the "assessment of the technology for natural disaster reduction") under paragraph (1) .
(3) Expenses incurred in conducting an assessment of the technology for natural disaster reduction shall be paid by applicants for the assessment of the technology for natural disaster reduction.
(4) The operator of financial resources may preferentially subsidize the whole or part of expenses incurred in assessing the technology for natural disaster reduction or conducting pilot projects from financial resources referred to in subparagraphs of Article 59 (3) to persons falling under any of the following subparagraphs, in an effort to promote the assessment of the technology for natural disaster reduction and support the dissemination of the quality technology for natural disaster reduction:
1. Any small and medium enterprise satisfying standards prescribed by Presidential Decree, which undergoes the assessment of the technology for natural disaster reduction;
2. Any one who conducts the pilot projects for the technology for natural disaster reduction whic has achieved the excellent results from the assessment of the technology for natural disaster reduction;
3. Any one who commercializes the technology for natural disaster reduction which has undergone the assessment of the technology for natural disaster reduction and is deemed by the Administrator of the National Emergency Management Agency to be disseminated for serving the public purposes;
(5) Necessary matters concerning procedures for applying for the assessment of the technology for natural disaster reduction and methods of such assessment shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 61 (Designation and Utilization of New Technology for Natural Disaster Reduction)   print
(1) The Government may designate the technology (hereinafter referred to as "new technology for natural disaster reduction"), which has been assessed as the quality technology for natural disaster reduction as the result of the assessment of the technology for natural disaster reduction, as the new technology for natural disaster reduction, publicly announce such technology and determine the indication methods, protection period and utilization methods for the new technology for natural disaster reduction.
(2) The Government shall take appropriate measures for public institutions which install facilities for natural disaster reduction to ensure that such institutions can preferentially utilize the new technology for natural disaster reduction.
(3) The Administrator of the National Emergency Management Agency may determine the protection period during which technology developers can receive royalties on the new technology for natural disaster reduction or protect them in other ways, if it is deemed necessary for protecting technology developers, and, if technology developers apply for the extension of the protection period due to its expiration, may extend such period after verifying records on the utilization of such new technology for natural disaster reduction.
(4) Necessary matters concerning the designation procedures, indication methods, protection period and utilization methods for the new technology for natural disaster reduction, shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 61-2 (Revokation of Designation of New Technology for Natural Disaster Reduction)   print
The Administrator of the National Emergency Management Agency shall, in cases where the new technology designated in accordance with Article 61 (1) falls under any of following subparagraphs, revoke such designation:
1. Cases where the new technology has been designated by fraud or other wrongful means;
2. Cases where it is impossible to apply the new technology for natural disaster reduction to the scenes of natural disasters due to significant defects found in the relevant technology.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 62 (Facilitation of International Joint Research)   print
(1) The Government shall come up with policies to facilitate international joint research on the technology for natural disaster reduction and the natural disaster reduction industry in order to ensure the sustainable and balanced development of the national economy.
(2) The Government may implement the project falling under each of the following subparagraphs with the aim of facilitating the international joint research referred to in paragraph (1) :
1. Investigation and study for the international cooperation in the technology for natural disaster reduction and the natural disaster reduction industry;
2. The international exchanges of human resources and information concerning the technology for natural disaster reduction and the natural disaster reduction industry;
3. The holding of academic conferences and exhibitions on the technology for natural disaster reduction and the natural disaster reduction industry;
4. The expansion of overseas markets for the technology for natural disaster reduction and the natural disaster reduction industry;
5. Technology development for the prevention of natural disasters;
6. Other projects deemed to be necessary for facilitating the international joint research.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 63 (Dissemination of Technology and Information for Natural Disaster Reduction, etc.)   print
(1) The Government shall come up with concrete policies on disseminating the quality technology for natural disaster reduction and on collecting and disseminating the technology and information for natural disaster reduction.
(2) The Government may computerize and manage the technology and information for natural disaster reduction for disseminating the technology for natural disaster reduction and for collecting and disseminating the technology and information for natural disaster reduction under paragraph (1) .
(3) The Administrator of the National Emergency Management Agency may request the heads of the relevant agencies to provide information necessary for computerizing the technology and information for natural disaster reduction under paragraph (2) .
(4) The Government may recommend enterprises engaged in natural disaster reduction, agencies in charge of disaster management, research institutes for natural disaster reduction or other organizations related to disasters to develop the technology for natural disaster reduction, introduce the quality technology for natural disaster reduction and exchange the technology and information for natural disaster reduction.
(5) The Administrator of the National Emergency Management Agency may recommend the heads of the relevant central administrative agencies or local governments to use and disseminate the quality technology for natural disaster reduction, when it is deemed necessary for the prevention of disasters.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
CHAPTER VI SUPPLEMENTARY PROVISIONS
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 Article 64 (Evaluation of Maintenance and Management of Facilities for Natural Disaster Reduction)   print
(1) The heads of agencies in charge of disaster management shall faithfully maintain and manage facilities for natural disaster reduction under their jurisdictions prescribed by Presidential Decree for the prevention of disasters.
(2) The head of the Central Headquarters may evaluate the maintenance and management of facilities for natural disaster reduction under the jurisdiction of each agency in charge of disaster management.
(3) Necessary matters concerning the management and evaluation of facilities for natural disaster reduction under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 65 (Training for Public Officials and Technicians, etc.)   print
(1) Public officials engaged in business related to disasters shall undergo training for natural disaster reduction, as prescribed by Presidential Decree.
(2) Anyone who employs technicians related to disasters shall let such technicians undergo training provided by the Administrator of the National Emergency Management Agency, as prescribed by Presidential Decree.
(3) The Administrator of the National Emergency Management Agency may, if it is deemed necessary for the training referred to in paragraphs (1) and (2), operate professional training courses.
(4) The Administrator of the National Emergency Management Agency may collect expenses incurred in providing training under paragraph (2) from employers whose persons who take part in such training, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 66 (Organization of Regional Autonomous Disaster Prevention Team, etc.)   print
(1) The head of a Si/Gun/Gu may organize and operate a regional autonomous disaster prevention team made up of residents, volunteer organizations, enterprises involved in disaster prevention and experts, etc. in order to strengthen the regional function of autonomous disaster prevention.
(2) The head of the Central Headquarters and the head of the Local Headquarters may provide support for budgets, etc. to encourage the activities of regional autonomous disaster prevention teams while the head of a Si/Gun/Gu may provide support for necessary matters, including letting regional autonomous disaster prevention teams participate first in the recovery project, depending on the level of contribution made by members of such teams to disaster prevention, response and recovery activities, etc.
(3) Necessary matters concerning the organization and operation of regional autonomous disaster prevention teams and the support for such teams shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 67 (Reflection of Residents' Opinions in Policy, etc.)   print
(1) The Administrator of the National Emergency Management Agency and the heads of local governments may commission specialized research institutions to survey residents' opinions and their awareness of natural disasters, etc. in order to develop the policy for natural disaster reduction.
(2) The Administrator of the National Emergency Management Agency and the heads of local governments shall reflect the results of the survey on residents' opinions and their awareness of natural disasters, etc. referred to in paragraph (1) in the formulation of various policies for natural disaster reduction.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 68 (Compensation for Loss)   print
(1) In cases where any loss is incurred by the measures provided for in Article 11 (1), the State or local governments shall compensate for such loss.
(2) With respect to the compensation for the loss referred to in paragraph (1), anyone who suffers the loss and the head of the relevant central administrative agency, the Mayor/Do governor or the head of a Si/Gun/Gu shall consult about such compensation.
(3) In cases where no agreement under paragraph (2) is concluded, an application may be filed for an adjudication thereabout with the competent Land Expropriation Committee provided for in Article 51 of the Act on Acquisition of and Compensation for Land, etc. for Public Works, as prescribed by Presidential Decree.
(4) The provisions of Articles 83 through 86 of the Act on Acquisition of and Compensation for Land, etc. for Public Works shall apply mutatis mutandis to the adjudication referred to in paragraph (3) .
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 69 (Disposition Taken against Violators of Acts, etc.)   print
(1) With respect to anyone falling under any of the following subparagraphs, the head of the Central Headquarters, the Mayor/Do governor or the head of a Si/Gun/Gu may issue an order to revoke permission and authorization, etc. under this Act, suspend work, or rebuild or relocate artificial structures, etc., or to take any other disposition or measure:
1. One who has violated this Act or any order given or any disposition taken under this Act;
2. One who has obtained permission and authorization, etc. under this Act in a fraudulent manner;
3. In cases where the continued implementation of a development projects is deemed to significantly undermine public interests due to changes in circumstances, one who has obtained permission for such development project, etc. or such project undertaker.
(2) The head of the Central Headquarters, the Mayor/Do governor and the head of a Si/Gun/Gu shall, when they take any necessary disposition or order any measures under paragraph (1) 3, compensate for the loss incurred thereby.
(3) The provisions of Article 68 (2) through (4) shall apply mutatis mutandis to the compensation of the loss referred to in paragraph (2) .
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 70 (National Subsidy, etc.)   print
When it is necessary to smoothly implement the measures to prevent natural disasters, including the upgrading of areas vulnerable to natural disasters, emergency countermeasures against natural disasters or natural disaster recovery projects, the State may subsidize the whole or part of such expenses (including compensation for loss under Article 68) from the National Treasury or financially support local governments or agencies in charge of disaster management.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 71 (Prohibition against Seizure)   print
No relief funds and supplies provided under Article 66 of the Framework Act and recipient's right thereto shall be confiscated.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 72 (Establishment of Korea Disaster Prevention Association)   print
(1) The Korea Disaster Prevention Association (hereinafter referred to as the "Association") may be established in order to encourage the study on countermeasures against disasters and the activities of exchange of information thereon and to bolster the people's capabilities to prevent disasters.
(2) The Association shall be an incorporation.
(3) The Association shall be established by having its establishment registered in the area where its principal office is located.
(4) The members of the Association shall consist of the persons and organizations falling under each of the following subparagraphs:
1. Persons who work for research organizations or run the service business related to the field of countermeasures against disasters;
2. Persons who have profound learning and rich experience in countermeasures against disasters with the intention of becoming its members;
3. Organizations and enterprises that render services, produce supplies and perform works, etc. related to the field of countermeasures against disasters;
4. Other persons prescribed by the articles of association.
(5) The Association shall perform the following duties:
1. Education and public relations aimed at preventing disasters and heightening the public's awareness to prevent disasters;
2. The investigation, collection and dissemination of data concerning the prevention of disasters, emergency countermeasures against disasters and disaster recovery;
3. The publication of various periodicals concerning the prevention of disasters, emergency countermeasures against disasters and disaster recovery;
4. The performance of the work of countermeasures against disasters that is commissioned by the Government;
5. The development of and support for related industries for developing technology in the field of natural disaster reduction;
6. The holding of disaster-related events at home and abroad that are led by the civilian sector;
7. Other matters prescribed by Presidential Decree concerning countermeasures against disasters.
(6) The head of the Central Headquarters and the head of the Local Headquarters may commission the services referred to in subparagraphs 1 through 7 of paragraph (5) to the Association only in cases where it is necessary to speedily respond to the occurrence of any disaster.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 73 (Articles of Association of Association, etc.)   print
(1) Necessary matters concerning matters to be stated in the articles of association of the Association, the number and tenure of, selection and appointment methods for, and supervision and registration of executives of the Association, etc. shall be prescribed by Presidential Decree.
(2) The operational expenses of the Association shall be appropriated by membership dues and other revenues accruing from its projects.
(3) The provisions governing the incorporated association in the Civil Act shall apply mutatis mutandis to the Association except otherwise provided for in this Act.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 74 (Issuance of Written Confirmation of Fact of Natural DisasterCaused Damage)   print
(1) With respect to any damage caused by any natural disaster, the head of a Si/Gun/Gu may issue a written confirmation of the fact of natural disaster-caused damage (hereinafter referred to as the "written confirmation of the fact") .
(2) Other necessary matters concerning the issuance of the written confirmation of the fact shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 75 (Evaluation and Award of Head of Central Headquarters)   print
(1) The head of the Central Headquarters may periodically evaluate duties performed by the head of the Local Headquarters for the natural disaster prevention, recovery and countermeasures under the provisions of Articles 4, 8, 12 through 14, 16 through 21, 26, 29, 33, 36, 37, 48 and 66 and other provisions referred to in this Act, and shall notify the head of the Local Headquarters of the results of such evaluation. In such cases, the head of the Local Headquarters so notified shall take necessary measures necessary for the natural disaster prevention, recovery and countermeasures, depending on the results of the evaluation.
(2) The head of the Central Headquarters may select and award a prize to the head of the Local Headquarters with excellent results, according to the results of the evaluation referred to in paragraph (1) .
(3) Necessary matters concerning the evaluation and prize referred to in paragraphs (1) and (2) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 75-2 (Diagnosis of Regional Safety)   print
(1) The Administrator of the National Emergency Management Agency may make the diagnosis of regional safety by a Si/Gun/Gu in order to build a feedback system on the overall disaster prevention policies, raise the autonomous capacity for disaster prevention and expand the base thereof.
(2) The following matters shall be included in details of the diagnosis of regional safety under paragraph (1) :
1. Analysis of the frequency of damage occurrence and the scale of damage by a Si/Gun/Gu;
2. Analysis according to the diagnosis index and the diagnosis standards for diagnosing capabilities to reduce damage by a Si/Gun/Gu.
(3) The procedures for the diagnosis of regional safety in accordance with paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 76 (Delegation of Authority)   print
The Minister of Public Administration and Security and the Administrator of the National Emergency Management Agency may partially delegate their authority under this Act to a Mayor/Do Governor, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
CHAPTER VII PENAL PROVISIONS
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 Article 77 (Penal Provisions)   print
Anyone who fails to establish emergency plans to cope with disasters provided for in Article 37 (1) shall be punished by a fine not exceeding five million won.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
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 Article 78 (Joint Penal Provisions)   print
If the representative of a corporation or the agent, employee or any other person employed by a corporation or individual commits any violation falling under Article 77 in connection with the business of the corporation or individual, not only shall such an offender be punished accordingly, but the corporation or individual shall be punished by a fine under the corresponding Articles: Provided, That the same shall not apply to cases where the corporation or individual has not neglected to give a due attention and supervision to the relevant business in order to prevent such violation.
[This Article Wholly Amend by Act No. 9204, Dec. 26, 2008]
law view
 Article 79 (Fines For Negligence)   print
(1) Anyone who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding three million won:
1. One who fails to comply with an order to check and upgrade areas vulnerable to natural disasters in order to prevent disaster therein pursuant to Article 12 (2) ;
2. One who fails to install facilities for the reduction of rainwater outflow provided for in Article 19 (1) ;
3. One who obstructs the investigation of traces of flooding, etc. provided for in Article 21 (2) or damages the traces of flooding without permission;
4. One who fails to comply with an order to check and upgrade areas vulnerable to sea wave in order to prevent a disaster therein pursuant to Article 25-3 (2) ;
5. One who fails to observe the matters provided for in Article 40;
6. One who suspends or discontinues his/her business without making a report thereon required under Article 41.
(2) Fines for negligence referred to in paragraph (1) shall be imposed and collected by the Administrator of the National Emergency Management Agency, a Mayor/Do Governor and the head of a Si/Gun/Gu, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10433, Mar. 7, 2011]
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on the date that is set by Presidential Decree within the scope of not exceeding 6 months after its promulgation.
[According to Presidential Decree (No. 19003) amended on August 17, 2005, this Act enters into force on July 27, 2005]
(2) (Transitional Measures concerning Korea Disaster Prevention Association) The Korea Disaster Prevention Association at the time of the enforcement of this Act shall be deemed the Korea Disaster Prevention Association that is established under this Act.
(3) (Transitional Measures concerning Penal Provisions) The application of the penal provisions to any act committed prior to the enforcement of this Act shall be governed by the previous provisions.
ADDENDA<Act No. 7571, May 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promul- gation.
Articles 2 through 8 Omitted.
ADDENDA<Act No. 7678, Aug. 4, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulga- tion.
Articles 2 through 12 Omitted.
ADDENDA<Act No. 8170, Jan. 3, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date prescribed by Presidential Decree within the scope not exceeding six months after its promulgation.
Article 2 (Transitional Measures on Area Vulnerable to Natural Disaster)
The area vulnerable to natural disaster designated and published before the amended Countermeasures against Natural Disasters Act (Act No. 7359) enters into force, shall be deemed as the area vulnerable to natural disaster designated and published in accordance with the provisons of Article 12.
Article 3 (Transitional Measures on Establishment of Standards for Wind- Resistance Designs for Communication Facilities)
The provisions of the portion other than each of subparagraphs of Article 24 (1) shall not apply to the telecommunication facilities installed in conformity with the Framework Act on Telecommunications before this Act enters into force.
Article 4 (Transitional Measures on Natural Disaster Reduction Technology)
The technology that is assessed as the natural disaster reduction technology before this Act enters into force shall be deemed as the new natural disaster reduction technology under the provisions of Article 61 (1).
Article 5 (Transitional Measures on Penal Provisions)
The application of penal provisions to acts committed prior to the enforcement of this Act shall be governed by the former provisions.
ADDENDA<Act No. 8283, Jan. 26, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA<Act No. 8343, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA<Act No. 8346, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA<Act No. 8351, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA<Act No. 8352, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA<Act No. 8369, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA<Act No. 8370, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 20 Omitted.
ADDENDA<Act No. 8404, Apr. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDA<Act No. 8466, May 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA<Act No. 8541, Jul. 23, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 43 Omitted.
ADDENDA<Act No. 8733, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA<Act No. 8819, Dec. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA<Act No. 8820, Dec. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA<Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA<Act No. 8974, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDA<Act No. 8976, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDUM<Act No. 8999, Mar. 28, 2008>
This Act shall enter into force on the date prescribed by Presidential Decree within the scope not exceeding six months after its promulgation.
[According to Presidential Decree (No. 21044) on September 26, 2008, this Act enters into force on September 28, 2008]
ADDENDA<Act No. 9001, Mar. 28, 2008>
(1) (Enforcement Date) This Act shall enter into force on the date prescribed by Presidential Decree within the extent not exceeding one year after its promulgation.
(2) Omitted.
ADDENDUM<Act No. 9204, Dec. 26, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 9298, Dec. 31, 2008>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA<Act No. 9401, Jan. 30, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA<Act No. 9636, Apr. 22, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA<Act No. 9685, May 21, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA<Act No. 9763, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA<Act No. 9770, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2010 (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA<Act No. 9773, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA<Act No. 9847, Dec. 29, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 22 Omitted.
ADDENDA<Act No. 10000, Feb. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA<Act No. 10272, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 14 Omitted.
ADDENDA<Act No. 10331, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDUM<Act No. 10384, Jul, 23, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 10433, Mar. 7, 2011>
This Act shall enter into force on the date of its promulgation.