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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON UTILIZATION OF, AND SUBSIDIZATION FOR, PRIVATE RESOURCES AT SCENE OF ACCIDENT

SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON UTILIZATION OF, AND SUBSIDIZATION FOR, PRIVATE RESOURCES AT SCENE OF ACCIDENT

Article 1 (Purpose) The purpose of this Ordinance is to provide for matters necessary for subsidization and compensation for losses incurred to private resources, human resources, and property, provided for activities in responding to an accident, including fire fighting and rescue of human lives, in an emergency situation caused by a fire or other accident.

Article 2 (Definitions) (1) The terms used in this Ordinance are defined as follows:
1. "Activities in response to an accident" means all activities conducted to minimize casualties and damage to property caused by a fire, accident, calamity, or any other emergency situation, such as fire fighting, rescue of human lives, and salvage;
2. "Interested person" means the owner, manager, or occupant of a building or structure in which an accidenthas occurred;
3. "Private resources" means human resources and physical resources of any private person other than the Seoul Metropolitan Government and the interested person, which have been used at the scene of a fire or other accident.
(2) Except as otherwise provided for in paragraph (1), the terms used in this Ordinance shall be construed in accordance with the provisions of the Framework Act on Fire Services, the Fire-Fighting System Installation Business Act, the Safety Control of Dangerous Substances Act, the Building Act, and the Framework Act on the Management of Disasters and Safety.

Article 3 (Mayor's Responsibility) The Mayor of Seoul Metropolitan City (hereinafter referred to as the "Mayor") shall formulate a plan necessary for subsidization and compensation for losses to private resources provided by private persons (excluding interested persons; the same shall apply hereinafter) for activities in response to an accident at the scene of the accident and shall take other measures for administrative and financial assistance to such private persons.

Article 4 (Private Persons' Activities in Response to Accidents, etc.) (1) A person who sights the occurrence of a fire or other accident may conduct activities of fire-fighting, rescue of human lives, and salvage, or provide private resources for activities in response to the accident until an emergency service.
(2) The activities conducted in response to an accident under paragraph (1) shall be stopped upon the arrival of ann emergency service, and the commander of the emergency service at the scene shall take command, but private resources shall be continuously provided at the request of the commander at the scene.
(3) The commander of the fire brigade at the scene shall inspect private persons' activities in response to the accident under paragraph (1) and keep and maintain records thereof.

Article 5 (Compensation for Physical Resources) (1) The Mayor may subsidize or compensate private persons for losses arising in the course of activities in response to an accident, within budgetary limits: Provided, That losses arising in the course of the use of fire-fighting facilities and accident response facilitiesaccident, which are owned by interested persons, are ineligible for compensation.
(2) Subsidization or compensation under paragraph (1) shall be subject to request by each private person who provided private resources in principle to the extent of reinstatement, but shall be determined by comprehensively examining the conditions of the scene and the level of contribution to the response to the accident.

Article 6 (Compensation for Human Resources) If a private person is wounded or killed while voluntarily participating in activities in responding to an accident or in the course of activities conducted for assistance at the request of the commander at the scene, the Mayor may compensate such private person by applying mutatis mutandis the Act on Honorable Treatment and Support of Persons Wounded or Killed for a Just Cause and the Seoul Metropolitan Government Ordinance on Honorable Treatment and Support of Persons Wounded or Killed for a Just Cause, or may provide administrative assistance so that such person can be recognized as a person wounded or killed for just cause.

Article 7 (Enforcement Rules) Matters necessary for the enforcement of this Ordinance shall be prescribed by Municipal Rules.

ADDENDUM <Ordinance No. 5717, May 14, 2014>
This Ordinance shall enter into force on the date of its promulgation.