1. Reasons for Proposal

The Amendment adds important value-added telecommunications facilities to the designation criteria for national core infrastructure to provide efficient support for broadcasting and communications disaster response. It prescribes grounds for private participation in investigations of causes of disaster to ensure expertise, strengthens the effectiveness of comprehensive plans formulated by the Ministry of the Interior and Safety as the department in charge of R&D projects on disasters and safety, and otherwise addresses weaknesses that have emerged from the operation of the “Framework Act on the Management of Disasters and Safety.”

2. Major Provisions

A. Add value-added telecommunications facilities to the designation criteria for national core infrastructure (attached Table 2 in relation to Article 30)

Facilities in the information and communications sector that are communications networks, including private communications networks, have been designated as national core infrastructure. For computer networks, however, only public facilities such as the National Information Resources Service have been designated, which has highlighted a need for disaster management in data centers and other value-added telecommunications facilities.* Accordingly, the Amendment adds key computer systems necessary for the affairs of value-added telecommunications business operators (Article 22 of the Telecommunications Business Act) to the designation criteria for national core infrastructure.

* Facilities that are operated/managed by a business operator that provides services other than facilities-based telecommunications services by leasing telecommunications line equipment from a facilities-based telecommunications business operator

B. Establish a system for investigations of causes of disasters based on based on private-public partnership (Article 75-3)

To ensure the efficient concurrent implementation of investigations of causes of disasters under the “Framework Act on the Management of Disasters and Safety” and investigations pursuant to individual statutes and enhance the utilization of private experts, it is necessary to strengthen the government’s supervision/coordination system for investigations of causes of disasters and increase participation* by private experts.

*”National Agenda 65-2” Establishment of a disaster management, investigation, and recovery system based on private-public partnership

Accordingly, the Amendment reorganizes the National Council of Disaster Investigation Agencies, which only consists of investigation agencies, into the Private-Public Joint National Council on Disaster Investigations, which shall be in charge of recommendations on investigations and improvements and the relevant advice, deliberation, and coordination. The Amendment also prescribes that prior to an investigation of the causes of a disaster, advice and coordination shall be sought from private experts and investigation agencies via the Council, after which the Minister of the Interior and Safety shall consider the findings and determine whether and how to proceed with the investigation accordingly.

In addition, the Amendment prescribes that the majority of the government’s joint disaster investigation team and the in-house investigation group of the Ministry of the Interior and Safety shall consist of private experts, and that the team leader (group leader) shall be appointed from among private experts. It allows the Minister of the Interior and Safety to recommend increased private participation or other improvements when an investigation of the causes of a disaster is carried out by a disaster management agency.

C. Strengthen the effectiveness of comprehensive plans on disaster and safety R&D (Article 78-2, Article 80-2 newly inserted)

Although the Minister of the Interior and Safety is able to negotiate and coordinate comprehensive plans of disaster and safety research and development projects with projects carried out by various government departments to ensure they are closely integrated and implemented in a coherent manner,, the effectiveness of comprehensive plans is undermined by the lack of institutional mechanisms necessary for negotiation and coordination, such as requests for information, analyses of investments and outcomes, and feedback.

Accordingly, the Amendment prescribes the right to request information necessary to ensure compatibility and interconnectedness with comprehensive plans. It also newly inserts grounds to implement commercialization support policies, etc. to increase the utility of research and development findings after investigating the use of business outcomes.

D. Add Korea Disease Control and Prevention Agency to the scope of disaster safety-related organizations

Under the amended Government Organization Act (August 11, 2020), a number of infectious disease-related roles of the Ministry of Health and Welfare were transferred to the newly inserted Korea Disease Control and Prevention Agency (KDCA) and accordingly, the Amendments modifies disaster and safety-related organizations by adding the KDCA to the scope of emergency rescue and relief support agencies, and adding the Commissioner of the KDCA as an official member of the Central Disaster and Safety Countermeasures Headquarters.

E. Newly designate and otherwise modify disaster management agencies (Article 3, attached Table 1-2)

In accordance with the change* in the management agency of the Seohae Line, the Amendment newly designates Seo Hae Rail Co., Ltd. as a disaster management agency and changes South Seoul LRT from a facility name to an agency name.

* (Before) Jointly operated by Seoul Metro and Seo Hae Rail Co., Ltd. → (After) Seo Hae Rail Co., Ltd.

F. Delete duplicate provisions concerning the Disaster and Safety Communications Network Act (Article 43-12)

Article 34-8 of the Act stipulates that matters concerning the operation, use, etc. of disaster and safety communications networks shall be prescribed in other statutes and as the “Disaster and Safety Communications Network Act” has been enacted (enforced on December 9, 2021), the Amendment deletes the relevant provisions from the Enforcement Decree.