1. Reasons for Proposal

As the number of complex disasters involving various Government Departments increases, such as the collapse accident of the apartment being built in Gwangju (January 11, 2022), it aims to lay the groundwork for major policies for Disasters Safety Management, such as beefing up the coordination power of the Minister of Public Administration and Security by designating the  Disasters Management Agency to induce active responses from relevant ministries, and to improve unreasonable matters in the current systems and close loopholes in the operation of laws.

2. Major Provisions

A. Beefing up the coordination power of the agency responsible for disaster response (Article 15 (2))

In the event of complex disasters involving various Government Departments, such as the collapse accident of the apartment being built in Gwangju, the Disaster Management Agency responsible for disaster response by establishing the Central Disaster Management Headquarters, is not designated or is unclear, it may lead to a passive response from the relevant ministries. Moreover, as it is unclear when the Central Disaster Management Headquarters will be established under the current laws and regulations, it is difficult for the Disasters Management Agency to respond quickly to disasters, and there is a possibility that the extent of the damage may increase.

Accordingly, the authority of the Minister of Public Administration and Security to designate the Disasters Management Agency, specified in the Attached Table of the Enforcement Decree of The Framework Act on The Management of Disasters and Safety, shall be augmented and strengthened by law. If the Disasters Management Agency fails to promptly establish and operate the Central Disaster Management Headquarters, the Minister of Public Administration and Security shall be able to request it.

B. Establishing a clear legal basis for safety system improvement (Article 31 (3))

For safety system improvement, which has been carried out every year for the preemptive prevention of safety-related accidents, the acceptance rate of related ministries has decreased due to insufficient legal basis and has been passively managed. A delay in improving such unreasonable systems may lead to the occurrence of blind spots of safety. Accordingly, while stating that the Ministry of Public Administration and Security may ask local governments and public offices to discover some tasks for the improvement of unreasonable safety systems, a review deadline (14 days) shall be set to determine whether or not the relevant ministries will accept the identified tasks, and the duty to check the progress of implementation on a quarterly basis shall be newly established.

C. Legislation of follow-up measures related to the announcement of the regional safety index (Article 66 (10))

After the announcement of the Regional Safety Index, systematic support has been limited due to insufficient legal basis for sequential follow-up activities including analysis and diagnosis of vulnerable factors of low-level local governments, projects to improve the safety environment, enhancement of safety level, etc. The grounds for follow-up activities such as safety diagnosis for low-level local governments in relation to the Regional Safety Index, and the relevant regulations shall be created so that the institutions with specialized competence, such as research institutes under the Ministry of Public Administration and Security, can support safety diagnosis, etc.

D. Establishing the system for investigating the causes of disasters based on public-private collaboration (Article 69)

It aims to expand the private sector’s participation in the investigation process, which has been currently led by the government, and to strengthen the overall coordination function in order to enhance the objectivity and reliability of investigations into the causes of disasters and the effectiveness of improvement measures. Accordingly, the council formed among the disaster cause investigation agencies shall be reorganized into a public-private joint organization, and the basis for establishing the council stipulated in the current enforcement decree will be strengthened by law. It will also allow the Minister of Public Administration and Security to decide the investigation methods based on the opinion of the Council.

E. Establishment of an evaluation and coordination committee for compulsory disaster and safety mandatory insurance (Article 76 (3))

In accordance with the current disaster and safety mandatory insurance-related criteria, the Ministry of Public Administration and Security evaluates the management and operation status of insurance operated by each institution and makes recommendations for system improvement. Accordingly, it stipulates that an evaluation and coordination committee for disaster and safety mandatory insurance shall be established in order to secure the specialty and legitimacy of the recommendations for system improvement.

F. Compensating for deficiencies in compulsory insurance for disaster vulnerable facilities (Article 76 (5), Article 82)

In order to compensate for deficiencies of the compulsory insurance operated by the Ministry of Public Administration and Security for 20 types of disaster vulnerable facilities, sanctions against insurers refusing to conclude contracts, joint contracts with multiple insurers for hazardous facilities, insurance claims prohibited to be seized, shall be added. An insurer that refuses to sign a contract will be fined 3 million won.