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| The purpose of this Act is to contribute to the
stabilization of national living by preventing any loss of human
life and property caused by fire, rapidly restoring the disaster
and properly compensating any damage to human life. |
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The terms to be used in
this Act shall be defined as follows:
1. The term "non-life insurance company" means a company
which has obtained the permission of the fire insurance business
in accordance with Article 4 of the Insurance Business Act;
2. The term "fire insurance bearing special agreement on
indemnity for physical damage" means an insurance to cover
any damage to a building caused by a fire and any liability
for loss mentioned in Article 4(1);
3. the term "specific building " means State-owned
buildings, educational institutions, departments, markets, medical
facilities, entertainment places, accommodations, factories,
apartment houses, and other building prescribed in the PD(Presidential
Decree), which many persons enter or leave, or in which many
person work or reside. |
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| The area to which this Act applies shall be prescribed
in the PD. |
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(1) The owner of a specific building shall, when
another person dies or suffers any injury due to a fire in such
building, be liable for compensating for the damage within the
limit of the insurance amount mentioned in Article 8, even though
he commits no fault. This provision shall also apply to the
case where the owner commits a slight fault, regardless of the
provisions of the Act on Civil Liability for Fires Caused by
Negligence.
(2) The indemnity liability of the owner of a specific building
for damage compensation shall be governed by Civil Law, in addition
to those of this Act. |
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(1) Any owner of a specific building shall effect
a fire insurance bearing special agreement on indemnity for
physical damage(hereinafter referred to as ”° the fire insurance-cum-special
agreement") carried on by a non-life insurance company,
in order to discharge his liability for damage compensation
mentioned in Article 4(1), However, in case he has effected
the industrial accident compensation insurance Act, he may not
effect the insurance covering the liability for damage compensation
prescribed in Article 4(1) for such employees.
(2) In additions to the fire insurance-cum-special agreement
mentioned in Para.(1), the owner of a specific building may effect
any insurance covering damage caused by wind or flood disaster,
or by collapse, etc.
(3) No non-life insurer shall refuse to conclude an insurance
contract mentioned in Para.(1) and (2)
(4) The owner of a specific building shall effect the fire insurance-cum-special
agreement within thirty days after the building passes the completion
test or he acquires its ownership.
(5) The owner of a specific building shall renew the fire insurance
contract-cum-special agreement mentioned in Para.(1) annually. |
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Article 4 & Article
5 shall not apply to the specific buildings falling under one
of the following items:
1. Buildings owned by ambassadors, ministers and other equivalent
envoys of foreign countries dispatched to the Republic of Korea;
2. Buildings owned by organizations of the United Nations and
their employees(limited to only foreigners) dispatched to the
Republic of Korea;
3. Buildings owned by foreign armed forces stationed in the
Republic of Korea; and
4. Buildings for military use and those owned by foreigner which
are prescribed in the PD. |
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(1) The FSC(Financial Supervisory Commission)
may, when a person who is obliged to effect the insurance pursuant
to Article 5 fails to do so, request the relevant administrative
agency to take necessary measures against the obligor such as
the cancellation of approval or permission, the suspension of
business or restriction on use of the building.
(2) The administrative agency shall, upon receiving the request
as mentioned in Para.(1), comply with it unless there is any
justifiable reason. |
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(1) The amount of insurance effected pursuant
to Article 5 shall be one of the following items:
1. In case of the fire insurance, the amount equivalent to the
market value of the specific building concerned;
2. In case of death under the physical damage indemnity liability
insurance, the amount to be prescribed in the PD, which should
be five hundred thousand won or more for each dead person; and
3. In case of injury under the physical damage indemnity liability
insurance, the amount to be prescribed in the PD with the limit
of the insurance amount for each dead person.
(2) The criteria on determination of the market price mentioned
in Para.(1) shall be provided in the MOFE(Ministry Of Finance
and Economy). |
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| In case a liability for damage compensation mentioned
In Article 4(1) arises, any victim may make a request to the
non-life insurer for the payment of amount insured pursuant
to Article 8 in such manner as prescribed in the PD. |
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| The claim for the physical damage indemnity liability
insurance among insurance claims under this Act shall not be
seized. |
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| The non-life insurance companies shall establish
the Korean Fire Protection Association(hereinafter referred
to as "the Association") which carries out tasks such
as safety inspection of fire prevention and fire-fighting equipment,
research and enlightenment thereon, etc. upon obtaining the
permission from the FSC in such manner as prescribed in the
PD. |
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(1) The Association shall be a corporation
(2) The provisions of Civil Law concerning the corporation,
except for those provided in this Act, shall apply mutatis mutandis
to the Association. |
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| No person other than the Association prescribed
in this Act shall use the Korean Fire Protection Association,
or other similar titles. |
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| The non-life insurance companies shall contribute
expenses required for the establishment and operation of the
Association in such manner as prescribed in the PD. |
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The Association shall conduct
the following duties:
1. Safety inspection of fire prevention and fire-fighting equipment;
2. Assessment of discount grade on premium rate in the fire
insurance on the basis of fire-fighting equipment;
3. Survey, research and enlightenment on materials concerning
fire prevention and fire-fighting equipment;
4. Recommendation to administrative agencies and relevant organizations
on the prevention of fire; and
5. Other duties authorized by the FSC. |
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(1) The Association shall conduct a safety inspection
of the fire prevention and fire-fighting equipment of specific buildings each time insurance contracts are concluded or renewed.
But, This doesn't apply to the specific buildings which shall
make out safety enhancement plan by Article 13-2(1) of High
Pressure Gas Control Act, or Process Safety Report by Article
49-2(1) of Industrial Safety and Health Act.
(2) The Association may, when deemed necessary, conduct a safety
inspection of fire prevention and fire-fighting equipment for
any specific building for which a fire insurance-cum-special
agreement is effected. The proviso of Para.(1) shall apply mutatis
mutandis to para.(2).
(3) Any owner of a specific building shall comply with the safety
inspection mentioned in para.(1) and (2) unless there is any
justifiable reason.
(4) Any owner of a specific building fails to comply with a safety
inspection mentioned in para.(1) and (2), the Association may
request the chief of the fire station to conduct the safety
inspection thereof.
(5) The Association shall not collect expenses on any pretext
in conduction a safety inspection mentioned in para.(1) and
(2).
(6) The safety inspection mentioned in para.(1) and (2) shall
be conducted in such manner as prescribed in the PD. |
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| The Association shall, when deemed necessary in
view of the result of the safety inspection pursuant to Article
16, recommend the administrative authorities concerned to take
measures necessary for improving fire-fighting equipment. |
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(1) The Association may donate fire-fighting equipment
to administrative authorities and other relevant organizations,
or lend funds required for improving fire-fighting equipment
to the owners of specific buildings.
(2) Non-life insurers and the Association may, in accordance
with the provisions of their AI, establish factories to manufacture
fire-fighting equipment or lend the funds to the manufacturers
off fire-fighting equipment. |
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(1) The Association shall prepare its operational
plan every year and submit it to the FSC””before commencement
of the relevant fiscal year.
(2) The FSC shall, when it receives the operational plan mentioned
in Para.(1), notify the Administrator of National Emergency
Management Agency of the fact.
(3) Para.(2) shall apply mutatis mutandis to the case of amendment
of the operational plan mentioned in Para.(1). |
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(1) Any person who is disqualified as an officer
of an insurer pursuant to Article 13 of the Insurance Business
ACT shall not become an officer of the Association.
(2) Any full-time officer of the Association shall, when he
intends to concurrently engage in other business affairs, obtain
the approval from the FSC.
(3) The FSC may, when an officer of the Association falls under
one of the following items, order the Association to dismiss
him:
1. Cases where he violates this Act, any order issued thereunder,
or the AI(articles of Incorporation);
2. Cases where he is judged guilty of a criminal case;
3. Cases where he is declared bankrupt;
4. Cases where he commits an act detrimental to the public interest;
5. Cases where it is difficult for him to carry out his duties
because of any physical or mental liability; or
6. Cases where any cause falling under Item 1 occurs, or he
is identified as the person falling thereunder. |
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(1) The FSC may, when deemed necessary for an
efficient operation of the Association, order the Association
to amend its AI or to change its operational methods, or issue
any order necessary for the supervision.
(2) the Administrator of National Emergency Management Agency
may issue any order necessary for the supervision on the duties
mentioned in Article 15/1&3 among the duties of the Association
mentioned in Article 15. |
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(1) The FSC may, when deemed necessary on a regular
basis or at any time, order the Association to submit a report
on its duties, or request the Governor to examine the operational
status, books and records, documents, or other necessary things.
(2) Para.(1) shall apply mutatis mutandis to the cases where
the Administrator of National Emergency Management Agency deems
it necessary for the duties of the Association mentioned in
Article 15/1 & 3.
(3) Any person who conducts the examination pursuant to para.(1)
and (2) shall produce a certificate to indicate his authority
to the persons concerned. |
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| Any person who violates Article 5(1) shall be
punished by a fine of up to five million won. |
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| Any person who violates Article 13 shall be punished
by a fine of up to three million won. |
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| Matters necessary for the enforcement of this
Act shall be prescribed in the PD. |
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| ADDENDA |
| (Law No.2482 on February 6, 1973) |
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Article 1 (Enforcement Date)
This Act shall be effective from the date of promulgation.
Article 2 [Omitted] |
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| ADDENDA |
| (Law No.4069 on December 31, 1988) |
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Article 1 (Enforcement Date)
This Act shall be effective from April 1, 1989.
Article 2 to Article 15 [Omitted] |
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| ADDENDUM |
| (Law No. 5258 on January 13, 1997) |
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| This Act shall be effective from the date of promulgation.
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| ADDENDA |
| (Law No. 5505 on January 13, 1998) |
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Article 1 (Enforcement Date)
This Act shall be effective from April 1, 1998.
Article 2 (Interim Measures on Disposition)
As of the enforcement of this Act, authorizations
and other actions conducted by the administrative authorities
or various declarations and other actions made thereto pursuant
to the previous provisions shall be deemed the actions conducted
by or made to the administrative authorities under this Act. |
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| ADDENDA |
| (Law No. 5697 on January 29, 1999) |
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Article 1 (Enforcement Date)
This Act shall be effective from the date of promulgation.
Article 2 (Interim Measures on Officers)
The amendments to Article 20 shall apply to the officers
who are first appointed after the enforcement of this Act. |
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| ADDENDA |
| (Law No. 5982 on May 24, 1999) |
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Article 1 (Enforcement Date)
This Act shall be effective from the date of promulgation.
Article 2 to Article 6 [Omitted] |
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| ADDENDA |
| (Law No. 6106 on January 12, 2000) |
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Article 1 (Enforcement Date)
This Act shall be effective after 3 months from the date of
promulgation.
Article 2. (Interim Measures on Penal )
The previous Penal Provision applies to the violation
which is made before this Act is effective. |
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| ADDENDA |
| (Law No. 6891 on May 29, 2003) |
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Article 1 (Enforcement Date)
This Act shall be effective after 3 months from the date of
promulgation.
Article 2 to Article 34. [Omitted] |
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| ADDENDA |
| (Law No. 7186 on March 11, 2004) |
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Article 1 (Enforcement Date)
This Act shall be effective from the date of promulgation.
Article 2 to Article 5 [Omitted] |
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