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National Assembly Legislation

  • Special Act on the Safety Control and Maintenance of Establishments
    • Competent Ministry : Ministry of Land, Infrastructure, and Transport
    • Advance Publication of Legislation : 2018-12-17
    • Opinion Submission Deadline : 2018-12-31
Reasons for Proposal

The current Act stipulates that the Minister of Land, Infrastructure and Transport may conduct a safety inspection of any social welfare establishment or other establishment deemed to be at risk of disaster, etc. (hereinafter “vulnerable small establishment”) and notify the manager of the establishment, etc., of the results to enable repair, reinforcement, etc., to be carried out. However, compliance has been poor and unsafe establishments are being neglected.

Critics also point out that the Act lacks effectiveness in that it only recommends reinforcement of seismic performance when deemed necessary as a result of an evaluation of the findings of a full safety examination that includes a seismic performance assessment (hereinafter “evaluation of full safety examination results”).

Accordingly, the Amendment requires managers of vulnerable small establishments, etc., to implement safety measures as notified by the Minister of Land, Infrastructure and Transport after a safety inspection. It also allows the Minister of Land, Infrastructure and Transport to issue a compliance order to reinforce seismic performance where deemed necessary after an evaluation of full safety examination results, thereby aiming to ensure public safety (Article 12, Article 19, and Article 65).

Major Provisions

Allow the Minister of Land, Infrastructure and Transport to issue a management authority with an order to take the necessary measures to reinforce seismic performance (hereinafter “measures to reinforce seismic performance”) as prescribed by the Ordinance of the Ministry of Land, Infrastructure and Transport where the reinforcement is deemed necessary based on an evaluation of the results of a full safety examination that includes a seismic performance assessment. Require the management authority to take measures to reinforce seismic performance in such cases (Article 12, paragraph 4)

Require any manager of a vulnerable facility, etc., who has received a notification pursuant to paragraph 2 to take the necessary measures for repair, reinforcement, etc., and to notify the Minister of Land, Infrastructure and Transport of the results thereof (Article 19, paragraph 3)

Allow the Minister of Land, Infrastructure and Transport to issue an order for compliance and correction in the event that the manager of a vulnerable facility, etc., has failed to take necessary measures for the repair, reinforcement, etc., of a vulnerable small establishment pursuant to paragraph 3 (Article 19, paragraph 5)

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