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Government Legislation

  • Partial revision (draft) of the Enforcement Decree of the Act on Assistance to the Autonomous Activities of Enterprises for Disaster Mitigation
    • Competent Ministry : Ministry of the Interior and Safety
    • Advance Publication of Legislation : 2024-04-12
    • Opinion Submission Deadline : 2024-05-22

1. Reason for revision

The aim is to improve and supplement any insufficiency in system operation by extending the validity of certification to reduce enterprises’ burden in the certification of outstanding enterprise, improving the processing procedure of certification upon its expiration for outstanding enterprise, applying an interim check system for the follow-up management of certified enterprises, and establishing a basis for the follow-up management of certification agency.


2. Main contents

A. Extension of validity of certification of outstanding enterprise (Article 7.3 of the Draft)

The certification validity is extended from three (3) years to four (4) years to reduce enterprises’ burden in the certification of outstanding enterprise, reflecting the recommendation made by the Plan to improve the certification regulation established by the Regulatory Reform Committee of the Office for Government Policy Coordination.

B. Supplementation of processing procedure upon expiration of certification validity (Article 7.4 through Article 7.6 of the Draft)

Notifying the expiration of certification of outstanding enterprise 60 days before its expiration was prescribed, but there was no regulation on the period for application for extension before the expiration of certification; therefore, review and operation of extension had a problem due to the insufficient period of preparations for certification extension and insufficient period to process the extension work.

Accordingly, a revision is made so that expiration of certification shall be notified no later than 120 days apart from 60 days before the expiration of certification, and application for extension may be made no later than 60 days before the expiration of certification, so that outstanding enterprise can have a preparation period for certification extension and a processing period for extension work.

C. Application of certification interim check system (Article 7.2 of the Draft)

Although Article 8 of the Act prescribes the cancellation of certification for enterprises that failed to satisfy the certification evaluation standards, there was no regulation on the follow-up management procedure after certification; therefore, it was impossible to check whether certification evaluation standards have been continuously satisfied.

Accordingly, a provision is established so that disposition of cancellation of certification may be made if certification standards are not met at the interim check for satisfaction of certification standards in the second year after the certification of outstanding enterprise.

D. Application of validity of designation of certification agencies (Articles 9.3 and 9.4 of the Draft)

Article 8-2 of the Act designates certification agencies for the efficient certification of outstanding enterprise, but the follow-up management procedure for the periodic check for designation conditions such as possession of professional manpower to perform work after certification is insufficient.

Therefore, the validity of designation of certification agencies is set as four (4) years, and a provision is established for the purpose of checking the satisfaction of designation standards upon application for extension.

Regulatory effect assessment
  • 재해경감을 위한 기업의 자율활동 지원에 관한 법률 시행령(규제영향분석서)_20240408.hwp [download]
Legislative proposal (draft)
  • 1. 행정안전부공고제2024-583호(재해경감을 위한 기업의 자율활동 지원에 관한 법률 시행령」 일부개정법률(안) 입법예고).pdf [download]