home Home > Regulations Search > Integrated Search
  • 본문저장
  • 인쇄하기
  • 신구대조
  • 돌아가기

SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON INVESTIGATION OF ACCIDENTS AND PREVENTION OF RECURRENCE

SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON INVESTIGATION OF ACCIDENTS AND PREVENTION OF RECURRENCE

Article 1 (Purpose) The purpose of this Ordinance is to prescribe matters necessary for thoroughly investigating the causes of accidents, and for preventing the recurrence of such accidents in order to protect citizens' health, safety, and property from fire, disasters, and calamity-related accidents.

Article 2 (Definitions) (1) The terms used in this Ordinance are defined as follows:
1. The term "accident" means any fire, disaster, or calamity-related accident that causes injury and physical damage due to insufficient safety training, violations of safety regulations, negligence, defects in facilities, or other causes;
2. The term "accident investigation" means all processes and activities conducted to collect and analyze data and information relating to an accident that occurs, for the purpose of identifying the direct and indirect causes of the accident, and to prevent the recurrence of such accident;
3. The term "interested party" means an owner, custodian, or occupant of a facility recognized under the relevant statute or regulation.
(2) Except as otherwise defined in paragraph (1), the terms used in this Ordinance have the same meanings as defined in the Framework Act on Fire Services and the Framework Act on the Management of Disasters and Safety.

Article 3 (Scope of Application) (1) This Ordinance shall apply to all accidents that occurs within the jurisdiction of the Seoul Metropolitan Government (hereinafter referred to as the "Seoul Government").
(2) This Ordinance shall apply to accidents, except as otherwise expressly provided for in other Ordinances.

Article 4 (Mayor’s Responsibility) The Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") shall establish and implement policy measures which include investigation and analysis of the causes of, and damage from, accidents, and prevention of recurrence of such accidents to protect the citizens' health, safety, and property from such accidents, and to reduce damage therefrom.

Article 5 (Accident Investigation) (1) When an accident occurs, the Mayor shall immediately conduct an accident investigation and may appoint a related public official as an accident investigation official to be in charge of the accident investigation.
(2) The Mayor may request materials from interested parties to conduct an accident investigation under paragraph (1); the interested parties shall fully cooperate therewith.
(3) Each accident investigation official who conducts an accident investigation under paragraph (1), shall carry an identification card indicating his/her authority and shall not interfere with legitimate business of any interested party nor divulge to any third person, confidential information he/she becomes aware of in the course of investigating the accident.
(4) The Mayor shall keep records of, and manage, the findings from accident investigations.

Article 6 (Formation and Operation of Advisory Panel) (1) The Mayor may operate an advisory panel comprised of experts in related fields, where necessary for investigating an accident accurately.
(2) The advisory panel shall be comprised of at least one expert in each type of accident and may participate in investigative activities conducted by the accident investigation official.
(3) Allowances may be paid to members of the advisory panel, within budgetary limits, as prescribed by the Seoul Metropolitan Government Ordinance on the Payment of Committee Allowances and Travel Expenses .

Article 7 (Requests to Specialized Institutions) (1) Where necessary for investigating and analyzing an accident, the Mayor may request a relevant specialized institution, such as a research institution specialized in accidents or a research center funded by the Government or a corporation, to investigate and analyze the accident.
(2) Any accident investigator of a specialized institution in receipt of a request under paragraph (1) shall be subject to Article 5 (3).

Article 8 (Preventive Measures, etc. of Secondary Damage) (1) Where the Mayor deems that secondary damage is likely to occur based on the findings from an accident investigation, he/she may require an interested party of a facility to take the following safety measures within a specified period:
1. Control access to an area where an accident is likely to occur;
2. Eliminate the risks of an accident;
3. Emergency maintenance, such as repair or reinforcement;
4. Other measures to prevent an accident.
(2) Where an interested party of a facility fails to implement a measure required by the Mayor under paragraph (1) within the specified period, the Mayor may take the necessary measure instead and request the interested party of the facility to subsequently reimburse the Mayor for the expenses incurred.

Article 9 (Recommendation, etc. on Formulating Measures to Prevent Recurrences of Accidents) (1) The Mayor may notify an interested party of a facility of the findings from accident analysis and recommend the interested party to formulate corrective measures for preventing the recurrence of accident.
(2) Within three months from receipt of a recommendation to formulate corrective measures under paragraph (1), an interested party of a facility shall formulate and implement the corrective measures for preventing the recurrence of accident and report the outcomes of such implementation to the Mayor.
(3) Where it is impracticable for an interested party to implement measures within three months, as prescribed in paragraph (2), it may report the grounds therefor to the Mayor and request an extension of such period.

Article 10 (Accident Risk Alerts) To prevent accidents, the Mayor may investigate and analyze the risk levels of accidents by season and type, and designate a zone deemed at risk of accident, as a danger zone; or issue risk alerts to persons deemed at risk of accident.