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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON INDEMNIFICATION FOR PHYSICAL DAMAGE OR LOSS CAUSED WHILE ENGAGING IN ON-SITE ACTIVITIES

SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON INDEMNIFICATION FOR PHYSICAL DAMAGE OR LOSS CAUSED WHILE ENGAGING IN ON-SITE ACTIVITIES

Article 1 (Purpose) The purpose of this Ordinance is to prescribe matters necessary to indemnify for physical damage or loss that fire officials of the Seoul Metropolitan Government could cause to the property of a third party in the course of engaging such activities as fire-fighting, rescue operations, and emergency medical services in accordance with the Framework Act on Fire-Fighting Services, the Act on 119 Rescue and Emergency Medical Services, and the Framework Act on the Management of Disasters and Safety.

Article 2 (Definitions) The terms used in this Ordinance are defined as follows:
1. The term "on-site activities" means fire officials' activities to minimize loss of life and physical damage or loss at the site of a disaster, such as a fire, or in an emergency;
2. The term "claimant" means a person who claims indemnification for physical damage or loss the person has sustained due to a fire official's activities, such as fire-fighting, rescue operations, and emergency medical services, at a disaster scene;
3. Terms, other than those defined in subparagraphs 1 and 2, have the same meanings as defined in the Framework Act on Fire-Fighting Services (hereinafter referred to as the "Act"), the Act on 119 Rescue and Emergency Medical Services, and the Framework Act on the Management of Disasters and Safety.

Article 3 (Responsibility of the Mayor) The Mayor of the Seoul Metropolitan Government (hereinafter referred to as "Mayor") shall duly indemnify a claimant where a fire official has caused physical damage or loss to such claimant's property in the course of engaging in on-site activities.

Article 4 (Recordkeeping) The Chief Officer of the Seoul Metropolitan Fire and Disaster Headquarters (hereinafter referred to as the "Chief Officer") shall require the field commander of every fire-fighting unit to make and keep records on when, where, to which, and why any physical damage or loss is caused in the course of engaging in on-site activities, as well as what measures are taken.

Article 5 (Indemnification) The Mayor must indemnify a claimant for physical damage or loss that a fire official has caused to such claimant's property in the course of engaging in on-site activities in any of the following cases: Provided, That the foregoing shall not apply if the claimant has hindered fire-fighting activities in violation of any statute:
1. Where the fire official has caused the physical damage or loss in the course of engaging in legitimate on-site activities;
2. Where physical damage or loss has been caused in the course of engaging in life safety activities pursuant to Article 16-3 of the Act;
3. Where physical damage or loss has been caused in the course of taking a compulsory disposition pursuant to Article 25 of the Act;
4. Where physical damage or loss has been caused in the course of taking emergency measures for dangerous facilities, etc. pursuant to Article 27 of the Act;
5. Where physical damage or loss has been caused in the course of taking emergency measures for rescue operations or emergency medical services pursuant to Article 15 of the Act on 119 Rescue and Emergency Medical Services;
6. Where physical damage or loss has been caused while temporarily using a third person's land, building, structure or similar property, or while altering or removing any obstacle pursuant to Article 45 of the Framework Act on the Management of Disasters and Safety.

Article 6 (Methods for and Processing of Claim) ① A claimant who intends to claim indemnification shall file a written claim for indemnification in the Form specified by the Mayor with the fire station that has jurisdiction over the area where the relevant damage or loss has been caused.
② A claim for indemnification under paragraph (1) may be filed within 6 months from the date the relevant damage or loss has been caused.
③ The Chief Officer shall notify the claimant of outcomes of deliberation by the Indemnification Deliberation Committee established under Article 7 within 30 days from the date of receipt of a written claim for indemnification under paragraph (1).
④ Where indemnification must be paid pursuant to paragraph (3), the Chief Officer shall pay the indemnification to the claimant within ten days from the date of notification: Provided, That the Chief Officer may extend said period after consulting with the claimant if necessary to extend the period for deliberation by the Indemnification Deliberation Committee due to re-deliberation, or if the amount of such indemnification exceeds the budget of the pertinent year.

Article 7 (Composition and Functions of Indemnification Committee) ① The Mayor may establish the Indemnification Deliberation Committee (hereinafter referred to as the "Committee") to deliberate on documents filed by claimants claiming indemnification.
② The Committee shall examine whether a claim for indemnification constitutes any of the circumstances provided for in Article 5 and the amount claimed is reasonable, and shall adjust the claimed amount, if necessary.
③ The Committee shall be comprised of at least five to seven members, including one chairperson.
④ Members of the Committee shall be appointed by the Mayor from among the following persons: Provided, That persons other than fire officials shall constitute at least a half of all members:
1. A local fire official of the Seoul Metropolitan Government in the rank of at least battalion chief;
2. A person who has at least five-years' work experience as a judge, prosecutor, or attorney-at-law;
3. An expert in legal studies or public administration who has at least five-years' work experience as at least an associate professor at any school referred to in Article 2 of the Higher Education Act;
4. Any other person recognized by the Chief Officer as having abundant knowledge and experience in fire-fighting and indemnification.
⑤ Other necessary matters, such as the operation of the Committee, indemnification criteria, payment procedures and methods shall be prescribed by rule of the Seoul Government.

Article 8 (Enforcement Rules) Matters necessary for enforcing this Ordinance shall be prescribed by Rules of the Seoul Government.

ADDENDUM <Ordinance No. 6459, Mar. 23, 2017>
This Ordinance shall enter into force on the date of its promulgation.