1. Reason for revision
With the amendment of this Act, matters to be designated, maintained, and managed for underground space flood prevention facilities are delegated to the Ministry of Administration and Safety Decree (Law No. 19837, Promulgated on 2023.12.26, Enforced on 2024.6.27), while it has become mandatory for the person in charge to manage the consultation contents such as disaster impact assessment. On the other hand, the Countermeasures Against Natural Disasters Act has been amended to ensure that the head of the relevant administrative agency checks the performance of the consultation contents of all project sites (Law No. 20162 Promulgated on 2024.01.30, implemented on 2024.07.31). Accordingly, the amendment is proposed to provide subordinate statutes necessary for the implementation of the amendments above and to complement institutional deficiencies, including changing the documents submitted for registration, change, and succession of agent for disaster prevention and management countermeasures to those provided by the actual administrative information service system.
2. Main contents
a. To define the method for the training of disaster impact assessment managers (Article 1-3 of the Draft)
1) To stipulate the method and time limit for conducting training because it has become mandatory for the person in charge of managing consultation contents such as disaster impact assessment to receive the relevant training
2) Those responsible for managing the consultation contents should complete the relevant training conducted at the National Civil Defense and Disaster Management Training Institute within 30 days of their designation date.
b. Provision of regulations on the submission of register for the management of disaster impact assessment status (Article 1-4 of the Draft)
1) To provide for the inspection of the subordinate project or service sites in writing to check the performance of consultation contents for all service sites
2) The project operator should submit the performance status management register to the head of the relevant administrative agency every May 31st for confirmation by the relevant administrative agency head
c. Underground space: To insert new provisions on the designation, maintenance, and management of flood prevention facilities (Article 6-4 of the Draft)
1) To define the flood prevention facilities delegated under Act to the Ministry of Administration and Safety Decree to stipulate matters for maintaining and managing such facilities
2) To designate facilities for preventing the flooding of underground spaces while specifying matters to be maintained and managed
d. To modify in part the documents submitted at the time of registration, replacement, or succession of agent for disaster prevention and management (Article 9, 10, and 10-3 and Appendix 5, 6, and 6-2 of the Draft)
1) The related provisions are amended based on the provisions as the actual system does not provide the information for verifying the business license (or taxpayer certificate) that is supposed to be checked by the system for joint use of administrative information.
2) "Business operator" is revised to read "business registration certificate," which is a document submitted when registering, changing, or succeeding an agent for disaster prevention and management.
e. Terms are revised as the Framework Act on National Heritage has been amended (Article 1-7 of the Draft)
1) Legal terms are improved along with the enactment of the Framework Act on National Heritage and revision of the Act on Protection and Inspection of Buried Cultural Heritage
2) The phrase excavation and survey of “cultural heritage” that may be found in the course of development projects is revised to excavation and survey of “national heritage” as appropriate for the relevant term.