CHAPTER Ⅰ GENERAL PROVISIONS
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| Article 1 (Purpose) |
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The purpose of this Act is to prevent, take precautions or suppress fires, and to safeguard the life, body and property of the people by performing relief and rescue activities, etc. in times of fires, calamities, disasters and other emergency situations, and thereby to contribute to the maintenance of public peace and order and to the promotion of public welfare.
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| Article 2 (Definitions) |
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The definitions of terms used in this Act shall be as follows: <Amended by Act No. 8621, Aug. 3, 2007>
| 1. |
The term "object of fire service" means buildings, vehicles, ships (limited to ships as referred to in Article 1-2 (1) of the Ship Act, which are moored in the harbor), structures for shipbuilding, forests and other structures or goods; |
| 2. |
The term "related area" means places wherein objects of fire service are located and their neighboring areas that are necessary for such activities as prevention, precaution and suppression of fires, a rescue or first-aid services, etc.; |
| 3. |
The term "interested parties" means owners, managers or occupants of objects of fire service; |
| 4. |
The term "fire marshal of fire defense headquarters" means the heads of the departments taking charge of such affairs as prevention, precaution, suppression, investigation of fires and rescue, first-aid services, etc. in the Special Metropolitan City, Metropolitan City or Do (hereinafter referred to as "City/Do"); |
| 5. |
The term "fire brigade" means an organized body comprised of persons falling under each of the following items in order to suppress fires and to perform relief and rescue activities, etc. in time of fires, calamities, disasters and other emergency situations: |
| (b) |
Members of an obligatory fire-fighting unit appointed under the provisions of Article 3 of the Act on the Establishment of Obligatory Fire-Fighting Unit; and |
| (c) |
Volunteer fire fighters as referred to in Article 37; and |
| 6. |
The term "fire brigade commanders" means persons who lead a fire brigade at the scene of occurrence of fires, calamities, disasters and other emergency situations, such as a fire marshal of fire defense headquarters and chief of fire department, etc. |
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| Article 3 (Establishment, etc. of Fire Service Institutions) |
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| (1) |
Matters necessary for establishment of fire service institutions that perform duties of prevention, precaution, suppression and investigation of fires, and the rescue or first-aid services, etc. in times of fires, calamities, disasters in a City/Do and other emergency situations (hereinafter referred to as "fire service duties"), shall be prescribed by Presidential Decree. |
| (2) |
The fire marshal of fire defense headquarters or the chief of fire departments performing fire service duties shall be subject to a command and supervision of the Special Metropolitan City Mayor, the Metropolitan City Mayor or the Do governor (hereinafter referred to as "Mayor/Do governor"). |
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| Article 4 (Establishment and Operation of Overall Situation Office) |
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| (1) |
The Administrator of the National Emergency Management Agency, the fire marshal of fire defense headquarters and the chief of fire department shall establish and operate an overall situation office in order to collect and disseminate information for swift fire service activities (referring to all activities for fire service duties; hereinafter the same shall apply) in times of fires, calamities, disaster and other situations requiring a rescue or first-aid services. <Amended by Act No. 7668, Aug. 4, 2005> |
| (2) |
Matters necessary for establishment and operation of the overall situation office as referred to in paragraph (1) shall be stipulated by Ordinance of the Ministry of Public Administration and Security. <Amended by Act No. 8852, Feb. 29, 2008> |
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| Article 5 (Establishment and Operation of Fire Service Museums, etc.) |
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| (1) |
For the purpose of developing the history of fire services and safety culture and for elevating the national safety awareness, the Administrator of the National Emergency Management Agency may establish a fire service museum, and the Mayor/Do governor may establish a fire service experience hall (referring to an experience hall enabling to make personal experience of evacuations from a scene of fire; hereafter the same shall apply in this Article), and operate them. <Amended by Act No. 7668, Aug. 4, 2005> |
| (2) |
Matters necessary for establishment and operation of the fire service museum under the provisions of paragraph (1) shall be stipulated by Ordinance of the Ministry of Public Administration and Security, and those necessary for establishment and operation of the fire service experience hall shall be stipulated by Municipal Ordinance of City/Do. <Amended by Act No. 8852, Feb. 29, 2008> |
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| Article 6 (Responsibility for Fire Service Duties) |
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The Mayor/Do governor shall faithfully perform the fire service duties required in fires, calamities, disasters and other emergency situations occurred in his jurisdictional zones.
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| Article 7 (Establishment, Operation, etc. of Fire-Prevention Day) |
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| (1) |
The ninth day of November of each year shall be designated as Fire-Prevention Day and the commemorative events shall be held in order to elevate the national safety awareness and the public warning sense against fires, and to fixate the safety culture. |
| (2) |
Matters necessary for the events in commemoration of the Fire-Prevention Day may be separately determined and implemented by the Administrator of the National Emergency Management Agency or the Mayor/Do governor. <Amended by Act No. 7668, Aug. 4, 2005> |
| (3) |
The Administrator of the National Emergency Management Agency may commission a person falling under any of the following subparagraphs as a fireman of honorary post: <Newly Inserted by Act No. 8082, Dec. 26, 2006> |
| 1. |
A person wounded or killed for a righteous cause under the provisions of Article 2 of the Honorable Treatment of Persons Wounded or Killed for a Righteous Cause Act, who falls under subparagraph 3 or 4 of Article 3 of the same Act; and |
| 2. |
A person deemed to have rendered a meritorious service to the development of fire-fighting administration. |
CHAPTER Ⅱ FIRE FIGHTING EQUIPMENT AND FIRE EXTINGUISHING WATER SUPPLY SYSTEMS, ETC.
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| Article 8 (Standards for Fire-Fighting Force, etc.) |
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| (1) |
Standards for manpower and equipment, etc. that are necessary for performing fire service duties by fire service institutions (hereinafter referred to as "fire-fighting force") shall be stipulated by Ordinance of the Ministry of Public Administration and Security. <Amended by Act No. 8852, Feb. 29, 2008> |
| (2) |
The Mayor/Do governor shall formulate and implement plans necessary to expand the fire-fighting force in the jurisdictional zones, pursuant to the standards for fire-fighting force as referred to in paragraph (1). |
| (3) |
Matters necessary for classifications, standardization and management of the fire-fighting equipments, such as fire engines, etc. shall be stipulated by Ordinance of the Ministry of Public Administration and Security. <Amended by Act No. 8852, Feb. 29, 2008> |
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| Article 9 (National Subsidies for Fire-Fighting Equipments, etc.) |
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| (1) |
The State shall grant a subsidy for part of expenses required for the City/Do’s fire service duties, such as purchases of fire-fighting equipments, etc. |
| (2) |
Objects of and standards for national subsidies as referred to in paragraph (1) shall be prescribed by Presidential Decree. |
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| Article 10 (Installation and Management of Fire Extinguishing Water Supply Systems) |
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| (1) |
The Mayor/Do governor shall install, maintain and manage the fire hydrants, water supply tower and water tanks (hereinafter referred to as "fire extinguishing water supply systems") that are necessary for fire service activities: Provided, That in cases of fire hydrants installed pursuant to Article 45 of the Water Supply and Waterworks Installation Act, the founder of such fire hydrants shall maintain and manage them. <Amended by Act No. 8370, Apr. 11, 2007> |
| (2) |
Criteria for installing fire extinguishing water supply systems pursuant to paragraph (1) shall be stipulated by Ordinance of the Ministry of Public Administration and Security. <Amended by Act No. 8852, Feb. 29, 2008> |
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| Article 11 (Supports to Fire Service Duties) |
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| (1) |
The fire marshal of fire defense headquarters or the chief of a fire department may, in times of emergency in his/her fire service activities, request the fire marshal of neighboring fire defense headquarters or the chief of neighboring fire department to render support to his/her fire service duties. |
| (2) |
The fire marshal of fire defense headquarters or the chief of a fire department in receipt of a request for support for fire service duties as referred to paragraph (1) shall not refuse such request without any justifiable grounds. |
| (3) |
Fire fighters dispatched to provide support for fire service duties as referred to in paragraph (1) shall follow directions of the fire marshal of fire defense headquarters or the chief of a fire department who has requested the support. |
| (4) |
In preparation for cases of requesting support for fire service duties referred to in paragraph (1), the Mayor/Do governor shall determine in advance by rules matters necessary for areas and size subject to mobilization and sharing of required expenses, etc. in consultation with the neighboring Mayors/Do governors, as prescribed by Ordinance of the Ministry of Public Administration and Security. <Amended by Act No. 8852, Feb. 29, 2008> |
CHAPTER Ⅲ PREVENTION AND PRECAUTION OF FIRES
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| Article 12 (Preventive Measures, etc. against Fires) |
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| (1) |
The fire marshal of fire defense headquarters or the chief of fire department may order any person committing the acts deemed dangerous for fire prevention, or owners, managers or occupants of objects deemed impeditive to fire service activities, to take the following measures: |
| 1. |
Prohibition of or restriction on playing with fire, bonfire, smoking, fire handling and other acts deemed dangerous for fire prevention; |
| 2. |
Disposal of remnant fires after burning, or of ashes with the danger of fire; and |
| 3. |
Measures to leave hazardous goods unattended or unsecured and to have other combustible goods moved or removed, etc. |
| (2) |
Where falling under paragraph (1) 3, if it is impossible to render necessary orders as names and addresses of owners, managers or occupants of such hazardous goods or objects are unknown, the fire marshal of fire defense headquarters or the chief of fire department may have fire officers under his/her respective jurisdiction move or remove such hazardous goods or objects. |
| (3) |
The fire marshal of fire defense headquarters or the chief of fire department shall keep in his custody the hazardous goods or objects that have been moved or removed under paragraph (2). |
| (4) |
Where the fire marshal of fire defense headquarters or the chief of fire department keeps in his custody the hazardous goods or objects pursuant to paragraph (3), he shall make a public notification thereof on the bulletin boards of the fire defense headquarters or fire department for 14 days from such date. |
| (5) |
The custody period and the disposal, etc. after an elapse of custody period for the hazardous goods or objects kept in custody of the fire marshal of fire defense headquarters or the chief of fire department as referred to in paragraph (3), shall be prescribed by Presidential Decree. |
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| Article 13 (Designation of Fire Precaution Districts) |
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| (1) |
The Mayor/Do governor may designate the areas prescribed by Presidential Decree, which are the areas having higher concerns over fire occurrences, such as the areas, etc. crowded with urban buildings and which are the specific zones expected to suffer greater damages in times of any fire occurrences, as the fire precaution districts. |
| (2) |
The fire marshal of fire defense headquarters or the chief of a fire department shall, as prescribed by Presidential Decree, perform the fire service inspections as referred to in Article 4 of the Act on Installation and Maintenance of Fire-Fighting Facilities and Safety Control on the location, structure and installations, etc. of the objects of fire service within the fire precaution districts as referred to in paragraph (1). |
| (3) |
When the fire marshal of fire defense headquarters or the chief of a fire department deems that it is necessary for the prevention and precaution of fires as a result of fire service inspections as referred to in paragraph (2), he may order the interested parties to install the fire extinguishing water supply, fire extinguishing appliances and other equipments necessary for fire-fighting. |
| (4) |
The fire marshal of fire defense headquarters or the chief of a fire department may perform the training and education necessary for fire-fighting to the interested parties within the fire precaution districts, as prescribed by Presidential Decree. |
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| Article 14 (Alarm Signal of Fires) |
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The fire marshal of fire defense headquarters or the chief of a fire department may issue the alarm signal of fires and take measures therefrom, when there exists any forecast or special news of abnormal weathers as referred to in Article 13 (1) of the Weather Act. <Amended by Act No. 7804, Dec. 30, 2005>
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| Article 15 (Management of Installations Using Fires and Storage and Handling of Special Combustible Materials) |
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| (1) |
Matters to be observed in using fires for location, structure and management of boilers, stoves, drier installations, gas or electric installations and other installations and instruments, etc. with the danger of fire occurrences, shall be prescribed by Presidential Decree. |
| (2) |
Criteria for the storage and handling of special combustible materials prescribed by Presidential Decree, such as the rubber kinds, raw cotton kinds, coal and charcoal, etc. which easily cause a conflagration in the case of fire occurrence, shall be prescribed by Presidential Decree. |
CHAPTER Ⅳ FIRE SERVICE ACTIVITIES
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| Article 16 (Fire Service Activities) |
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The Administrator of the National Emergency Management Agency, the fire marshal of fire defense headquarters or the chief of fire department shall make a swift mobilization of fire brigades to the scene of fires in times of fires, calamities, disasters and other emergency situations, and have them engage in the activities necessary for fire-fighting, such as a suppression of fires and a rescue of human life, etc. <Amended by Act No. 7668, Aug. 4, 2005>
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| Article 17 (Education and Training on Fire-Fighting) |
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| (1) |
The Administrator of the National Emergency Management Agency, the fire marshal of fire defense headquarters or the chief of fire department shall perform the necessary education and training to members of fire brigades in order to perform fire service duties professionally and efficiently. <Amended by Act No. 7668, Aug. 4, 2005> |
| (2) |
The Administrator of the National Emergency Management Agency, the fire marshal of fire defense headquarters or the chief of fire department may conduct education and training for persons falling under each of the following subparagraphs in fire-fighting and safety in order to prevent fire and minimize casualties and loss of property, as prescribed by Ordinance of the Ministry of Public Administration and Security. In such cases, the Administrator of the National Emergency Management Agency, the fire marshal of fire defense headquarters or the chief of fire department shall consult with the heads of infant-care establishments, kindergartens and schools about educational schedules, etc.: <Newly Inserted by Act No. 7668, Aug. 4, 2005; Act No. 8852, Feb. 29, 2008> |
| (3) |
The Administrator of the National Emergency Management Agency, the fire marshal of fire defense headquarters or the chief of fire department shall widely publicize ways to escape fire when a fire breaks out and to act in response to a fire in order to increase the people’s safety awareness. <Newly Inserted by Act No. 7668, Aug. 4, 2005> |
| (4) |
Types of education and training under paragraph (1) and persons subject thereto, and other matters necessary for performing education and training, shall be stipulated by Ordinance of the Ministry of Public Administration and Security. <Amended by Act No. 8852, Feb. 29, 2008> |
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| Article 17-2 (Certified Fire-Fighting and Safety Educators) |
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| (1) |
The Administrator of the National Emergency Management Agency, shall grant persons who pass the examination that is administered by him the qualifications of certified fire-fighting and safety educators for fire-fighting and safety education provided for in Article 17 (2). <Amended by Act No. 8844, Jan. 17, 2008> |
| (2) |
The certified fire-fighting and safety educators shall perform the work of planning, conducting, analyzing and evaluating the fire-fighting and providing safety education. |
| (3) |
The eligibility to take the examination for certified fire-fighting and safety educators under paragraph (1) and the methods, subjects and examiners thereof as well as other matters pertaining to the examination for certified fire-fighting and safety educators shall be provided for by Presidential Decree. <Newly Inserted by Act No. 8844, Jan. 17, 2008> |
| (4) |
Any person who intends to take the examination for certified fire-fighting and safety educators under paragraph (1) shall pay fees, as stipulated by Presidential Decree. <Newly Inserted by Act No. 8844, Jan. 17, 2008> |
[This Article Newly Inserted by Act No. 7668, Aug. 4, 2005]
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| Article 17-3 (Grounds of Disqualifications for Certified Fire-Fighting and Safety Educators) |
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Anyone falling under any of the following subparagraphs shall be prohibited from becoming a certified fire-fighting and safety educator:
| 1. |
One who is the incompetent or the quasi-competent; |
| 2. |
One who is not yet reinstated after having been declared bankrupt; |
| 3. |
One who has been sentenced to imprisonment without prison labor or a heavier punishment and for whom 2 years have yet passed from the date on which the execution of the sentence is completed or exempted (including cases where the execution of sentence is deemed completed); |
| 4. |
One who is under the suspension of the execution of imprisonment without prison labor or a heavier punishment; and |
| 5. |
One whose qualification is suspended or lost by the judgment handed down by any court or by other Act. |
[This Article Newly Inserted by Act No. 7668, Aug. 4, 2005]
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| Article 17-4 (Posting of Certified Fire-Fighting and Safety Educators) |
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| (1) |
Certified fire-fighting and safety educators provided for in Article 17-2 (1) may be posted to the National Emergency Management Agency, the fire defense headquarters, fire departments and other institutions that are prescribed by Presidential Decree. |
| (2) |
Institutions subject to the posting of the fire-fighting and safety educators pursuant paragraph (1), standards for posting them and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 7668, Aug. 4, 2005]
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| Article 18 (Fire-Fighting Signals) |
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The types and methods of fire-fighting signals to be used for fire prevention, fire service activities or fire-fighting training shall be stipulated by Ordinance of the Ministry of Public Administration and Security. <Amended by Act No. 8852, Feb. 29, 2008>
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| Article 19 (Notification of Fires, etc.) |
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| (1) |
Persons who have seen the scene of fire or the scene of accident requiring a rescue or first-aid services shall promptly notify the fire defense headquarters, fire department or related administrative agencies of the situations of the said scenes. |
| (2) |
Anyone who intends to light fire or to perform smoke-screen sterilization in the area or in the place falling under any of the following subparagraphs, which is feared to be mistaken for a conflagration shall make a report thereon to the fire marshal of fire defense headquarters or the chief of fire department having jurisdiction over the area or the place, as prescribed by Municipal Ordinance of the City/Do: <Newly Inserted by Act No. 7668, Aug. 4, 2005> |
| 2. |
Areas in which factories and warehouses are concentrated; |
| 3. |
Areas where wooden buildings are concentrated; |
| 4. |
Areas where the storage of dangerous substances and treatment facilities are concentrated; |
| 5. |
Areas where a factory that produces petrochemical products is located; and |
| 6. |
Other areas and places that are prescribed by Municipal Ordinance of the City/Do. |
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| Article 20 (Fire-Fighting Activities of Interested Parties) |
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Where the fires, calamities, disasters or other emergency situations have occurred to the objects of fire services, the interested parties shall take measures to rescue people or to extinguish fires, or necessary measures to keep fires from spreading, by means of sounding alarms or inducing people to evacuate until fire brigades arrive at the scene.
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| Article 21 (Right of Way, etc. of Fire Engines) |
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| (1) |
When fire engines (including an automobile for directions and the vehicles for rescue or first-aid services, etc.; hereinafter the same shall apply) are called out to the scene for a suppression of fires and a rescue or first-aid services, all other vehicles and people shall not obstruct them. |
| (2) |
The right of way of fire engines shall be under the conditions as set forth by the Road Traffic Act. |
| (3) |
Sirens may be used when fire engines are called out to the scene for a suppression of fires and a rescue or first-aid services, or when deemed necessary for the fire drills. |
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| Article 22 (Emergency Passage of Fire Brigades) |
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When deemed to be urgent for a swift mobilization to the scene where the fires, calamities, disasters and other emergency situations have occurred, the fire brigades may pass by using the roads not opened for regular passages, by passing through vacant land, or by transmitting on the water.
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| Article 23 (Establishment of Fire-Fighting Zones) |
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| (1) |
The fire brigade commander may set fire-fighting zones at the scene of fires, calamities, disasters and other emergency situations, and impose restrictions on the access to the said districts by other persons necessary for fire-fighting activities than those prescribed by Presidential Decree. |
| (2) |
When a fire brigade is not in fire-fighting zones as referred to in paragraph (1), or there exists a request from the fire brigade commander, the police officers may take the measures as referred to in paragraph (1). |
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| Article 24 (Orders to Engage in Fire Service Activities) |
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| (1) |
When deemed necessary for the fire service activities at the scene of fires, calamities, disasters and other emergency situations, the fire marshal of fire defense headquarters, the chief of fire department or the fire brigade commander may have the residents within his jurisdictional districts or those who are in the said scenes perform the works to rescue people or to extinguish fires of to keep them from spreading. In such cases, the fire marshal of fire defense headquarters, the chief of fire department or the fire brigade commander shall take measures for safety, such as providing the protective outfits necessary for the fire service activities. |
| (2) |
Where the person who has engaged in the fire service activities pursuant to the former part of paragraph (1) dies or is wounded due to it, the Mayor/Do governor shall make a compensation therefor. |
| (3) |
A person who has engaged in the fire service activities in accordance with the order as referred to in paragraph (1) may receive a payment of expenses for his fire service activities from the Mayor/Do governor: Provided, That the same shall not apply to cases of persons falling under any of the following subparagraphs: |
| 1. |
The interested parties where the fires, calamities, disasters and other emergency situations have occurred to the objectives of fire service; |
| 2. |
Persons who have caused the fires or situations requiring a rescue or first-aid services by intention or negligence; and |
| 3. |
Persons who have taken any goods away from the scene of fires, or rescue or first-aid services. |
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| Article 25 (Compulsory Dispositions, etc.) |
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| (1) |
When deemed necessary to rescue people or to prevent fires from spreading, the fire marshal of fire defense headquarters, the chief of fire department or the fire brigade commander may temporarily use the objects of fire service having concerns over fire occurrences or spreading fires, and the land, or may impose restrictions on their uses or make dispositions necessary for the fire service activities. |
| (2) |
When the fire marshal of fire defense headquarters, the chief of fire department or the fire brigade commander deems that it is urgent for rescuing people or preventing fires from spreading, he may make the dispositions as referred to in paragraph (1) against the objects of fire service, the objects of fire service other than the land and the land as referred to in paragraph (1). |
| (3) |
When making a swift mobilization for fire service activities, the fire marshal of fire defense headquarters, the chief of fire department or the fire brigade commander may remove or move the parked or stopped automobiles or the objects, etc. that are impeditive to the passage of fire engines and to the fire service activities. |
| (4) |
Where there exist any persons who have suffered losses due to the dispositions as referred to in paragraph (2) or (3), the Mayor/Do governor shall make a compensation for such losses: Provided, That the same shall not apply to cases where having caused impediments to the passage of fire engines and to the fire service activities due to violations of the Acts and subordinate statutes. |
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| Article 26 (Evacuation Orders) |
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| (1) |
When the fire marshal of fire defense headquarters, the chief of fire department or the fire brigade commander deems that an occurrence of fires, calamities, disasters and other emergency situations is to cause dangers to human lives, he may designate a specific area, and order the persons who are in such area to take refuge outside the said area. |
| (2) |
When deemed necessary for issuing the orders as referred to in paragraph (1), the fire marshal of fire defense headquarters, the chief of fire department or the fire brigade commander may ask the superintendent of competent police station or the head of the autonomous police group to render his cooperations. <Amended by Act No. 7849, Feb. 21, 2006> |
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| Article 27 (Urgent Measures on Dangerous Installations, etc.) |
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| (1) |
When deemed necessary for fire service activities, such as a suppression of fires, etc., the fire marshal of fire defense headquarters, the chief of fire department or the fire brigade commander may use other waters in dam, reservoir or swimming pools than the fire extinguishing water supply, or operate the opening and closing devices of city water. |
| (2) |
The fire marshal of fire defense headquarters, the chief of fire department or the fire brigade commander may take necessary measures, such as shutting off a supply of dangerous substances to the gas, electric or petroleum installations, in order to prevent fire occurrences or fires from spreading due to explosions, etc. |
| (3) |
Where there exist any persons who have suffered losses due to the dispositions as referred to in paragraphs (1) and (2), the Mayor/Do governor shall make a compensation for such losses. |
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| Article 28 (Prohibition of Uses, etc. of Fire Extinguishing Water Supply Systems) |
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No persons shall commit acts falling under any of the following subparagraphs:
| 1. |
Acts of using the fire extinguishing water supply system without any justifiable reasons; |
| 2. |
Acts of impairing the utility of fire extinguishing water supply system by means of damage, destruction, removal or others without any justifiable reasons; and |
| 3. |
Acts of impeding the rightful use of the fire extinguishing water supply system. |
CHAPTER Ⅴ INVESTIGATION OF FIRE
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| Article 29 (Investigation of Causes and Damages of Fire) |
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| (1) |
When a fire has occurred, the Administration of the National Emergency Management Agency, the fire marshal of fire defense headquarters or the chief of fire department shall investigate causes of fire and damages from fire (hereinafter referred to as "fire investigation"). <Amended by Act No. 7668, Aug. 4, 2005> |
| (2) |
Matters necessary for fire investigations, such as ways to inspect the cause of fire and the operation of an exclusive inspection team and the qualifications, etc. for fire investigators prescribed in paragraph (1) shall be stipulated by Ordinance of the Ministry of Public Administration and Security. <Amended by Act No. 7668, Aug. 4, 2005; Act No. 8852, Feb. 29, 2008> |
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| Article 30 (Access and Investigation) |
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| (1) |
When deemed necessary for performing a fire investigation, the Administrator of the National Emergency Management Agency, the fire marshal of fire defense headquarters or the chief of fire department may order the interested parties to file necessary reports or to submit the required data, or cause related public officials to investigate causes of and damages from the fire by gaining access to the related places, or interrogate the interested parties. <Amended by Act No. 7668, Aug. 4, 2005> |
| (2) |
Related public officials performing fire investigations as referred to in paragraph (1) shall carry an identification indicating his authority, and present it to the interested parties. |
| (3) |
Related public officials performing fire investigations as referred to in paragraph (1) shall not obstruct the lawful business of interested parties, nor divulge the secrets that have come to their knowledge in performing the fire investigation to other persons. |
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| Article 31 (Investigation on Person Arrested by Criminal Investigation Agency) |
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When a criminal investigation agency has already arrested a suspect of arson or accidental fire, or has seized evidential articles, the Administrator of the National Emergency Management Agency, the fire marshal of fire defense headquarters, or the chief of the fire department may, if deemed necessary for the fire investigation, make an investigation of the said suspect or the seized evidential articles, within the limit of not interfering with the criminal investigations. In such cases, the criminal investigation agency shall render cooperations to the investigations for a swift fire investigation by the Administrator of the National Emergency Management Agency, the fire marshal of fire defense headquarters, or the chief of the fire department unless it has any special ground otherwise. <Amended by Act No. 7668, Aug. 4, 2005>
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| Article 32 (Cooperation, etc. between Fire Service Officials and Police Officials) |
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| (1) |
Fire service officials and national police officials shall make a mutual cooperation in the performance of fire investigations. <Amended by Act No. 7849, Feb. 21, 2006> |
| (2) |
Where deemed that there exists a suspicion of arson or accidental fire as a result of fire investigations, the fire marshal of fire defense headquarters or the chief of a fire department shall promptly notify the superintendent of the competent police station of such facts, and render his cooperation to the said criminal investigations by collecting and preserving the required evidences. |
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| Article 33 (Cooperation between Fire Service Institution and Related Insurance Company) |
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Where a fire has occurred, the fire service institutions, such as the fire defense headquarters or fire departments, etc. and the related insurance company shall make a mutual cooperation in the matters required for investigations of a cause of fire and a state of damages.
CHAPTER Ⅵ RESCUE AND FIRST-AID SERVICE
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| Article 34 (Formation and Operation of Rescue Units) |
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| (1) |
The Administrator of the National Emergency Management Agency, the fire marshal of fire defense headquarters or the chief of a fire department shall organize and operate the rescue units in order to make a safe rescue of human lives, etc. in times of fires, disasters and any other emergency situations. <Amended by Act No. 7668, Aug. 4, 2005> |
| (2) |
The Administrator of the National Emergency Management Agency may organize and operate the international rescue units in cases where deemed that a protection of Korean residents abroad or an international cooperation is needed, that is the case where any fires, calamities, disasters and other emergency situations have occurred overseas. <Amended by Act No. 7668, Aug. 4, 2005> |
| (3) |
Matters necessary for the formation and operation, etc. of the rescue units as referred to in paragraph (1), and of the international rescue units as referred to in paragraph (2), shall be prescribed by Presidential Decree. |
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| Article 35 (Formation and Operation of First-Aid Units) |
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| (1) |
The Administrator of the National Emergency Management Agency, the fire marshal of fire defense headquarters or the chief of a fire department shall organize and operate the first-aid units in order to make the first-aid treatment to an emergency patient originated from the fires, calamities, disasters and other emergency situations, or to urgently transfer him to the medical institutions. <Amended by Act No. 7668, Aug. 4, 2005> |
| (2) |
Matters necessary for the formation and operation of the first-aid units as referred to in paragraph (1) shall be prescribed by Presidential Decree. |
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| Article 36 (Request for Supports to Rescue and First-Aid Service) |
|
| (1) |
When deemed necessary, such as the cases of falling short of equipments and manpower for the rescue units or the first-aid units in performing the rescue and first-aid service in times of fires, calamities, disasters and other emergency situations, the Administrator of the National Emergency Management Agency, the fire marshal of fire defense headquarters or the chief of a fire department may request the medical institutions and the agencies or organizations relating to a rescue and first-aid service within the jurisdictional districts (hereafter in this Article, referred to as "medical institutions, etc.") to render supports of the equipments and manpower required for a rescue and first-aid service, as prescribed by Presidential Decree. In such cases, the medical institutions, etc. in receipt of the said request shall comply with it unless there exists any special ground otherwise. <Amended by Act No. 7668, Aug. 4, 2005> |
| (2) |
The fire marshal of fire defense headquarters or the chief of a fire department shall manage the current status of medical institutions, etc. subject to a request for supports as referred to in paragraph (1), as stipulated by Ordinance of the Ministry of Public Administration and Security. <Amended by Act No. 8852, Feb. 29, 2008> |
| (3) |
The Mayor/Do governor may make a compensation for expenses incurred in the participation in rescue and first-aid service by medical institutions in accordance with request from the fire marshal of fire defense headquarters or the chief of a fire department. |
CHAPTER Ⅶ VOLUNTEER FIRE BRIGADE
law view
| Article 37 (Establishment, etc. of Volunteer Fire Brigade) |
|
| (1) |
The fire marshal of fire defense headquarters or the chief of a fire department shall establish a volunteer fire brigade in the Special Metropolitan City, Metropolitan City and Si/Eup/Myeon respectively in order to have it assist the fire services. |
| (2) |
The volunteer fire brigade shall be comprised of volunteers from among the residents of the relevant area, but matters necessary for its establishment, title, zone, structure, appointment and dismissal, regular personnel, fire drill, inspection, uniform regulations, service, operation, etc. shall be determined by Municipal Ordinance of City/Do. |
| (3) |
Expenses for operation of the volunteer fire brigade and its treatments, etc. shall be borne by the authority of appointment and dismissal of volunteer fire fighters. |
law view
| Article 38 (Services, etc. of Volunteer Fire Fighters) |
|
| (1) |
Volunteer fire fighters shall be part-timers. |
| (2) |
When deemed necessary for making volunteer fire fighters assist fire services, the fire marshal of fire defense headquarters or the chief of fire department may call them up. |
| (3) |
When volunteer fire fighters are called up pursuant to paragraph (2), they shall assist fire services under the direction and supervision of the fire marshal of fire defense headquarters or the chief of fire department. |
law view
| Article 39 (Treatment of Volunteer Fire Fighters) |
|
| (1) |
When the volunteer fire fighters have performed fire services and under-gone education and drills relating to the fire fighting, allowances shall be paid, as stipulated by Municipal Ordinances of City/Do. |
| (2) |
When the volunteer fire fighters have suffered from diseases, have been wounded or have deceased due to fire services and education or drills relating to the fire fighting, compensation money shall be paid, as stipulated by Municipal Ordinances of City/Do. |
law view
| Article 39-2 (National Association of Volunteer Fire Brigades) |
|
| (1) |
To facilitate efficient operation and mutual cooperation among voluntary activities in disaster control, the National Association of Volunteer Fire Brigades (hereinafter referred to as the "Association") may be established. |
| (2) |
The Administrator of the National Emergency Management Agency may support the establishment and operation of the Association in order to promote people’s voluntary participation in emergency management efforts. |
| (3) |
Matters pertaining to the structure, operation and functions of the Association shall be provided for by Ordinance of the Ministry of Public Administration and Security. <Amended by Act No. 8852, Feb. 28, 2008> |
[This Article Newly Inserted by Act No. 8844, Jan. 17, 2008]
CHAPTER Ⅶ-2 FOSTERING, PROMOTION, SUPPORT, ETC. OF FIRE-FIGHTING INDUSTRY
law view
| Article 39-3 (Duties of State) |
|
The State shall take administrative and financial measures to help foster and promote the fire-fighting industry (referring to a range of industry sectors pertaining to manufacturing, research, development, sales, etc. of machinery and devices used for fire-fighting; hereinafter the same shall apply) including establishment of necessary plans.
[This Article Newly Inserted by Act No. 8844, Jan. 17, 2008]
law view
| Article 39-4 Deleted.<by Act No. 9094, Jun. 5, 2008> |
|
law view
| Article 39-5 (Support of Technology Development, etc. related to Fire-Fighting Industry) |
|
| (1) |
In order to facilitate development of technologies related to the fire-fighting industry (hereinafter referred to as "fire-fighting technology"), the State may provide any person developing a technology with a contribution or subsidy amounting to part or all of the funds needed to develop the said technology. |
| (2) |
The State may provide financial support within the limit set by the following subparagraphs to any person who installs a trade exhibit, etc. pursuant to Article 4 (2) of the Foreign Trade Act for exhibition and public relations of good fire-fighting products: |
| 1. |
Part of the expenses pertaining to operation of an exhibition of the fire-fighting industry; |
| 2. |
Overseas public relations expenses related to an exhibition of the fire-fighting industry; and |
| 3. |
Expenses to invite foreign buyers during an exhibition of the fire-fighting industry. |
[This Article Newly Inserted by Act No. 8844, Jan. 17, 2008]
law view
| Article 39-6 (Implementation of Research and Development Projects of Fire-Fighting Technology) |
|
| (1) |
In order to protect the life and property of the people, the State may cause an institution or organization falling under any of the following subparagraphs to carry out a research and development project of the fire-fighting technology: <Amended by Act No. 9094, Jun. 5, 2008> |
| 1. |
Any national and public research institute; |
| 2. |
Any research institute established under the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutions; |
| 3. |
Any specific research institute under Article 2 of the Support of Specific Research Institutes Act; |
| 4. |
Any university or college, industrial university, junior college and technical college under the Higher Education Act; |
| 5. |
Any research institute which is a corporation in the fire-fighting technology sector established under the Civil Act or other Acts, or a research institute attached to a corporation; |
| 7. |
The Korea Fire Industry Technology Institute established under Article 14 of the Fire-Fighting Industry Promotion Act; and |
| 8. |
Any other institution or association carrying out technological development and research activities with regard to fire-fighting as prescribed by Presidential Decree. |
| (2) |
The State shall provide necessary expenses when the State cause an institution or organization under paragraph (1) to carry out a research and development project of the fire-fighting technology. |
[This Article Newly Inserted by Act No. 8844, Jan. 17, 2008]
law view
| Article 39-7 (Globalization of Fire-Fighting Technology and Fire-Fighting Industry) |
|
| (1) |
The State shall take measures to create necessary conditions to enhance the international competitiveness and international usability of the fire-fighting technology and the fire-fighting industry. |
| (2) |
The Administrator of the National Emergency Management Agency shall conduct businesses described in the following subparagraphs in order to enhance the international competitiveness and international usability of the fire-fighting technology and the fire-fighting industry: |
| 1. |
Surveys and researches for international cooperation with regard to the fire-fighting technology and the fire-fighting industry; |
| 2. |
International exchanges including international exhibitions, international academic conferences, etc. with regard to the fire-fighting technology and the fire-fighting industry; |
| 3. |
Exploration of overseas markets for the fire-fighting technology and the fire-fighting industry; and |
| 4. |
Any other business deemed necessary to enhance the international competitiveness and international usability of the fire-fighting technology and the fire-fighting industry. |
[This Article Newly Inserted by Act No. 8844, Jan. 17, 2008]
CHAPTER Ⅷ KOREA FIRE SAFETY ASSOCIATION
SECTION 1 Korea Fire Safety Association
law view
| Article 40 (Establishment, etc. of Korea Fire Safety Association) |
|
| (1) |
The Korea Fire Safety Association (hereinafter referred to as the "Association") shall be established in order to perform duties entrusted by administrative agencies, including the improvement of fire-fighting technology and safety control technology and the publicity therefor, and other education and drills, etc., and to make a sound development of fire service industry circles and a technological improvement of persons engaged in the services relating to fire-fighting. |
| (2) |
The Association to be established under paragraph (1) shall be a juristic person. |
| (3) |
Except as provided in this Act, the provisions concerning an incorporated association as referred to in the Civil Act shall apply mutatis mutandis to the Association. |
law view
| Article 41 (Functions of Association) |
|
The Association shall perform the functions falling under each of the following subparagraphs:
| 1. |
Education on the fire-fighting technology and safety control, and survey or research therefor; |
| 2. |
Issuance of various publications on fire-fighting technology and safety control; |
| 3. |
National publicity for increasing the public awareness to fire-prevention and safety control; |
| 4. |
Projects entrusted by administrative agencies concerning the fire services; and |
| 5. |
Other matters determined by the articles of association, including the improvement of the members’ welfare, etc. |
law view
| Article 42 (Qualifications for Membership) |
|
Persons falling under each of the following subparagraphs shall be entitled to membership of the Association:
| 1. |
Persons who have registered or obtained permissions, and who intend to become its members pursuant to the Installation, Maintenance, and Safety Control of Fire-Fighting Systems Act, the Fire-Fighting System Installation Business Act or the Safety Control of Dangerous Substances Act; |
| 2. |
Persons who have been appointed or employed as the fire safety managers, fire-fighting technicians or hazardous material safety control managers, and who intend to become its members pursuant to the Installation, Maintenance, and Safety Control of Fire-Fighting Systems Act, the Fire-Fighting System Installation Business Act or the Safety Control of Dangerous Substances Act; and |
| 3. |
Other persons prescribed by Presidential Decree who intend to become its members from among those with much knowledge and experience in the area of fire-fighting. |
law view
| Article 43 (Association’s Articles of Association) |
|
| (1) |
Matters to be included in the Association’s articles of association shall be prescribed by Presidential Decree. |
| (2) |
When the Association intends to modify its articles of association, it shall obtain authorization from the Administrator of the National Emergency Management Agency. <Amended by Act No. 7668, Aug. 4, 2005> |
law view
| Article 44 (Expenses for Association’s Operation) |
|
Expenses for the operation of the Association shall be appropriated by the membership fees and business incomes, etc.
law view
| Articles 45 through 47 Deleted.<by Act No. 9094, Jun. 5, 2008> |
|
CHAPTER Ⅸ SUPPLEMENTARY PROVISIONS
law view
| Article 48 (Supervision) |
|
The Administrator of the National Emergency Management Agency shall exercise a supervision over the functions of the Association. <Amended by Act No. 7668, Aug. 4, 2005; Act No. 9094, Jun. 5, 2008>
law view
| Article 49 (Delegation of Authority) |
|
The Administrator of the National Emergency Management Agency may delegate a part of his authorities under this Act to the Mayor/Do governor, the fire marshal of fire defense headquarters, or the chief of a fire department, as prescribed by Presidential Decree. <Amended by Act No. 7668, Aug. 4, 2005>
CHAPTER Ⅹ PENAL PROVISIONS
law view
| Article 50 (Penal Provisions) |
|
A person falling under any of the following subparagraphs shall be punished by imprisonment for not more than five years or a fine not exceeding 30 million won:
| 1. |
A person who obstructs a mobilization of fire engines in violation of Article 21 (1); |
| 2. |
A person who obstructs a service of rescuing people, or extinguishing or preventing fires from spreading as referred to in Article 24 (1); or |
| 3. |
A person who uses a fire extinguishing water supply system, or harms the utility of a fire extinguishing water supply system, or obstructs its lawful use without any justifiable reasons, in violation of Article 28. |
law view
| Article 51 (Penal Provisions) |
|
A person who obstructs a disposition as referred to in Article 25 (1) or a person who fails to follow the said disposition without any justifiable reason shall be punished by imprisonment for not more than three years or a fine not exceeding 15 million won.
law view
| Article 52 (Penal Provisions) |
|
A person falling under any of the following subparagraphs shall be punished by a fine not exceeding three million won:
| 1. |
A person who obstructs a disposition as referred to in Article 25 (2) and (3) or a person who fails to comply with the said disposition without any justifiable reason; and |
| 2. |
A person who obstructs the lawful business of the interested parties in violation of Article 30 (3), or who divulges the secrets coming to his knowledge while performing the fire investigations to other persons. |
law view
| Article 53 (Penal Provisions) |
|
A person falling under any of the following subparagraphs shall be punished by a fine not exceeding two million won:
| 1. |
A person who fails to comply with the orders as referred to in any of subparagraphs of Article 12 (1), or obstructs them without any justifiable reason; and |
| 2. |
A person who fails to submit reports or data, or submits false reports or data, in violation of the orders given under Article 30 (1), or who refuses, obstructs, or avoids the access or investigation by the relevant public official, without any justifiable reason. |
law view
| Article 54 (Penal Provisions) |
|
A person falling under any of the following subparagraphs shall be punished by a fine not exceeding one million won:
| 1. |
A person who refuses, obstructs, or avoids the fire inspections on the objects subject to fire services within the fire alert districts as referred to in Article 13 (2); |
| 2. |
A person who fails to take the measures for rescuing people, or extinguishing fires, or preventing fires from spreading until a fire brigade arrives at the scene, without any justifiable reason and in violation of Article 20; |
| 3. |
A person who violates the evacuation orders as referred to in Article 26 (1); |
| 4. |
A person who makes it impossible or obstructs any use of waters or any use or operation of the opening or shutting devices of the city water supply, without any justifiable reason and in violation of Article 27 (1); and |
| 5. |
A person who obstructs the measures as referred to in Article 27 (2), without any justifiable reason. |
law view
| Article 55 (Joint Penal Provisions) |
|
If the representative of a juristic person, or an agent, an employee or any other employed person of the juristic person or an individual has committed such a violating act as prescribed in Articles 50 through 54 in connection with the affairs of the said juristic person or individual, not only shall such an offender be punished accordingly, but the said juristic person or individual shall be punished by a fine as prescribed in each of the corresponding Articles.
law view
| Article 56 (Fine for Negligence) |
|
| (1) |
A person falling under any of the following subparagraphs shall be punished by a fine for negligence not exceeding two million won: |
| 1. |
A person who violates the orders to establish the fire extinguishing water supply systems, fire-fighting instruments and installations, etc. as referred to in Article 13 (3); |
| 2. |
A person who violates the matters to be observed in using fires as referred to in Article 15 (1) and the criteria for storage and handling of the special combustible materials as referred to in Article 15 (2); |
| 3. |
A person who notifies in falsity the fire and the matters requiring a rescue and first-aid services; |
| 4. |
A person who gains access to the fire service activity districts in violation of Article 23 (1); and |
| 5. |
A person who fails to comply with the request for a rescue and first-aid services in violation of Article 36 (1). |
| (2) |
The fine for negligence as referred to in paragraph (1) shall be imposed and collected by the competent Mayor/Do governor, the fire marshal of the regional fire defense headquarters, or the chief of the district fire department (hereinafter referred to as the "imposition authority") under the conditions as prescribed by the Presidential Decree. |
| (3) |
A person who is dissatisfied with a disposition of fine for negligence as referred to in paragraph (2) may raise an objection to the imposition authority within 30 days from the date of receipt of the notice of the said disposition. |
| (4) |
Where a person subjected to a disposition of fine for negligence under paragraph (2) has raised an objection under paragraph (3), the imposition authority shall promptly notify the competent court of such facts, and the court in receipt of the said notice shall bring the case to a trial for the fine for negligence under the Non-Contentious Case Litigation Procedure Act. |
| (5) |
If neither an objection is raised nor is a fine for negligence paid within the period as prescribed in paragraph (3), it shall be collected by referring to the practices of dispositions on default of the local taxes. |
law view
| Article 57 (Fine for Negligence) |
|
| (1) |
Anyone who fails to make a report pursuant to the provisions of Article 19 (2), which make fire engines to get to the scene of fire, shall be punished by a fine for negligence not exceeding 200,000 won. |
| (2) |
The fine for negligence referred to in the provisions of paragraph (1) shall be imposed and collected by the fire marshal of fire defense headquarters or the chief of fire department under the conditions as prescribed by the Municipal Ordinance. |
| (3) |
Anyone who is dissatisfied with the fine for negligence under paragraph (2) may raise an objection to the fire marshal of the competent fire defense headquarters or the chief of the competent fire department within 30 days from the date on which he is notified of the disposition taken to impose the fine for negligence on him. |
| (4) |
In case where the person who is subject to the disposition of fine for negligence pursuant to the provisions of paragraph (2) raises an objection thereto pursuant to the provisions of paragraph (3), the fire marshal of the competent fire defense headquarters or the chief of the competent fire department shall promptly notify the competent court of the fact and the competent court shall, upon receiving the notification, put the fine for negligence in question on trial pursuant to the Non-Contentious Case Litigation Procedure Act. |
| (5) |
In case where no objection is raised and the fine for negligence is not paid within the period referred to in the provisions of paragraph (3), the fine for negligence in question shall be collected according to the example of a disposition taken to collect the local tax in arrears. |
[This Article Newly Inserted by Act No. 7668, Aug. 4, 2005]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Abrogation of Other Statutes)
Article 3 (Transitional Measures concerning Dispositions, etc. as Referred to in Previous Fire Services Act)
The acts of an administrative agency or those against an administrative agency that have been performed pursuant to the provisions corresponding to this Act from among the previous Fire Services Act at the time of the enforcement of this Act, shall be deemed to be the acts of an administrative agency or those against an administrative agency that are performed pursuant to this Act corresponding thereto.
Article 4 (Transitional Measures concerning Korea Fire Safety Association and Korea Fire Equipment Inspection Corporation)
The Korea Fire Safety Association and the Korea Fire Equipment Inspection Corporation established pursuant to the previous Fire Services Act at the time of the enforcement of this Act, shall be deemed to be the Korea Fire Safety Association and the Korea Fire Equipment Inspection Corporation established pursuant to this Act.
Article 5 Omitted.
Article 6 (Relations with Other Acts and Subordinate Statutes)
In case where the provisions of the previous Fire Services Act are quoted in other Acts and subordinate statutes at the time of enforcement of this Act, if there exist any corresponding provisions in this Act, the corresponding provisions in this Act shall be deemed to have been quoted in lieu of the previous provisions.
ADDENDUM<Act No. 7668, Aug. 4, 2005>
This Act shall enter into force one year after the date of its promulgation.
ADDENDA<Act No. 7804, Dec. 30, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA<Act No. 7849, Feb. 21, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006. (Proviso Omitted.)
Articles 2 through 41 Omitted.
ADDENDUM<Act No. 8082, Dec. 26, 2006>
This Act shall enter into force on the date of its promulgation.
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. 8621, Aug. 3, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM<Act No. 8844, Jan. 17, 2008>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 39-2 shall enter into force three months after the date of its promulgation.
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. 9094, Jun. 5, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
