Article 1 (Purpose)
The purpose of this Ordinance is to directly or indirectly support those who has suffered property damage or mental health issues from fires that occur within the jurisdiction of the Seoul Metropolitan Government (hereinafter referred to as the "Seoul Government") by building partnerships with the private sector or mediating disputes between the affected parties so as to ensure their rehabilitation.
Article 2 (Definitions)
(1) The terms used in this Ordinance are defined as follows:
1. The term "fire victim" means a person directly affected by a fire that occurs within the jurisdiction of the Seoul Government;
2. The term "support through partnerships with the private sector" means support for self-reliance of fire victims through the conclusion of an agreement or establishment of cooperative relationships with a private enterprise or organization;
3. The term "low-income fire victim" means a fire victim in a disadvantaged class, such as a welfare recipient, a citizen in the second-lowest income bracket, a single senior citizen, a child without parents and a person with a disability, as determined by the Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor");
4. The term "product defect" means a defect of a product with regard to manufacturing, design or indication, or lack of safety ordinarily expected of a product.
(2) Terms shall be understood in accordance with the Framework Act on Fire-Fighting Services, the Product Liability Act, the Disaster Relief Act, the Emergency Aid and Support Act, etc. with exception to those defined in this Ordinance.
Article 3 (Scope of Application)
This Ordinance shall apply exclusively to sufferers from fires that occur within the jurisdiction of the Seoul Government.
Article 4 (Responsibilities of Mayor)
(1) The Mayor shall endeavor to encourage the self-reliance and protect the rights and interests of fire victims.
(2) The Mayor shall endeavor to secure personnel and budget necessary to facilitate the self-reliance and the protection of rights and interests of fire victims under paragraph (1).
Article 5 (Support for Fire Victims)
(1) The following support may be provided to fire victims to ensure their rehabilitation:
1. Psychological counseling support for fire victims;
2. Support for low-income fire victims' recovering from property damage through partnerships with the private sector;
3. Mediation of disputes between affected parties of fire;
4. Mediation of disputes between parties to fire damage caused by product defects;
5. Counseling support for self-reliance of fire victims;
6. Other matters deemed necessary by the Mayor to support fire victims.
(2) A fire victim who intends to receive support under paragraph (1) may file a support application in attached Form 1 with the Chief Officer of the Seoul Metropolitan Fire and Disaster Headquarters or the chief of the fire station having jurisdiction over the location where the fire occurred (hereinafter referred to as "chief of the competent fire station").
Article 6 (Support through Partnerships with Private Sector)
The Mayor may conclude agreements or establish cooperative relationships with relevant private enterprises and organizations to facilitate the self-reliance of fire victims.
Article 7 (Fire Damage Dispute Mediation Committee)
(1) The Mayor may establish a Fire Damage Dispute Mediation Committee (hereinafter referred to as the "Mediation Committee") to deliberate on and mediate disputes between the affected parties of fire.
(2) The Mediation Committee shall deliberate on and mediate the following disputes upon the request by the affected parties of fire:
1. Matters related to fire investigations such as the point of ignition and the cause of fire;
2. Matters related to investigations into fires presumed to be caused by product defects;
3. Other matters directly related to disputes between the affected parties of fire.
Article 8 (Organization and Operation of Mediation Committee)
(1) The Mediation Committee shall be organized and operated whenever required to hold a meeting and dissolved upon conclusion of the meeting.
(2) The Mediation Committee shall be comprised of five members including one chairperson.
(3) Members of the Mediation Committee shall be appointed or commissioned from among the following persons: <Amended by Ordinance No. 7557, May 19, 2020>
1. A fire official with a rank of Fire Assistant Chief to Fire Chief of the Seoul Metropolitan Fire and Disaster Headquarters;
2. A person who is qualified as a judge, prosecutor or attorney-at-law;
3. A person who has served as a certified appraiser or property claim adjuster for at least two years;
4. A person who is in the position of assistant professor or equivalent in a college or university or approved research institute in the relevant field;
5. A person who has been engaged in the design or production of products related to the cause of fire or with an institute testing such products for at least five years;
6. A person who has been engaged in the work of research, criminal investigation, studies and appraisal related to fires in the State, a local government, a public institution, etc. for at least five years;
7. A person with abundant academic knowledge and experience in fire-related work.
(4) The chairperson shall be elected by and among the Committee members.
(5) If the chairperson is unable to perform the duties due to any unavoidable circumstances, the member designated in advance by the chairperson among the members of the Mediation Committee shall act on behalf of the chairperson.
(6) A majority of the members of the Mediation Committee shall constitute a quorum and any decision thereof shall require the concurring vote of a majority of those present.
Article 9 (Disqualification of Committee Members)
(1) A member of the Mediation Committee shall be disqualified from its deliberation in any of the following cases:
1. Where the member or current or former spouse of such member is a party to the relevant case or is related to the party as a co-obligee or co-obligor;
2. Where the member is or was a relative of a party to the relevant case;
3. Where the member has given testimony, statements or advice, performed research work, rendered services, or conducted appraisal in advance by the request of a party to the dispute regarding the relevant case;
4. Where the member or the legal entity to which the member belongs is or was involved as an agent of a party to the dispute regarding the relevant case.
(2) If a party to the relevant dispute has a ground to believe that he or she can hardly expect impartiality from a member in deliberation and resolution, the party may file an application with the Mediation Committee to challenge the member and the Mediation Committee shall determine by resolution whether to accept such application.
(3) If a member finds that he or she is subject to disqualification for any ground under the subparagraphs of paragraph (1), such member shall voluntarily refrain from deliberation and resolution on the relevant case.
Article 10 (Removal of Committee Members)
The Mayor may remove a member from office in any of the following cases: Provided, That this shall not apply as otherwise provided in any other statute, regulation or Ordinance of the Seoul Government:
1. Where the member desires to be removed from office;
2. Where the member is subject to disqualification for the grounds pursuant to Article 33 of the State Public Officials Act;
3. Where the member is unable to perform the duties due to an illness requiring long-term treatment, at least six months overseas travel, etc.;
4. Where the member discloses confidential information attained in relation to the duties of the Mediation Committee or uses such information for personal purposes;
5. Where the member commits misconduct that is connected with the duties of the Mediation Committee or that is deemed inappropriate to maintain the position as a member;
6. Where the member fails to voluntarily refrain from participation in deliberation and resolution although such member is subject to such refrainment;
7. Where the member is deemed unfit to serve as a member due to neglect of duties, injury to dignity or other grounds.
Article 11 (Applications for Dispute Mediation)
(1) A person who intends to submit a dispute to mediation in relation to fire damage shall prepare an application stating the basis and cause of the application in attached Form 2 and file the application with the Chief Officer of the Seoul Metropolitan Fire and Disaster Headquarters or the chief of the competent fire station.
(2) If deemed inappropriate for the Mediation Committee to process an application for dispute mediation filed under paragraph (1), the Mayor may suspend the processing of the application after notifying the applicant of the reasons therefor.
(3) The Mayor may recommend the parties to a dispute to resolve the dispute by agreement before the meeting of the Mediation Committee for the prompt resolution of the dispute.
(4) The Mayor shall hold a meeting of the Mediation Committee not later than 40 days after an application for mediation is filed under paragraph (1): Provided, That the period may be extended by up to 20 days if any extenuating circumstances exist.
Article 12 (Refusal and Suspension of Mediation)
(1) The Mediation Committee may refuse the mediation of a dispute in any of the following cases:
1. Where the Mediation Committee deems it inappropriate to mediate the dispute in view of the nature thereof;
2. Where the Mediation Committee deems that the party filed the application for mediation for any improper purpose.
(2) The Mediation Committee may suspend the mediation procedure in any of the following cases:
1. Where either of the parties to the dispute refuses the mediation;
2. Where either of the parties to the dispute files an action with the court;
3. Where the mediation, adjudication or arbitration under any other law is initiated for the dispute for which the mediation procedure is in progress.
(3) Where a decision is made under paragraph (1) or (2), the Mediation Committee shall notify the parties to the dispute of such decision without delay.
Article 13 (Establishment of Mediation)
(1) The Mediation Committee upon resolution on a mediation plan shall notify the parties to the dispute of such resolution without delay.
(2) If the parties to the dispute accept the mediation plan of the Mediation Committee under paragraph (1), the mediation shall be deemed to be established.
Article 14 (Hearing of Opinions)
The Mediation Committee may, with the consent of the person in question, request the parties to the dispute, an interested party, a witness, or an expert witness to be present at the meeting, to provide an opinion in writing, or to submit related documents.
Article 15 (Request for Cooperation from Relevant Institutions)
The Mediation Committee may, if necessary, request the head of a relevant institution to provide necessary cooperation such as the submission of information or opinions, the provision of technical knowledge, analysis, and the provision of expert opinions.
Article 16 (Allowances)
Members of the Mediation Committee may be paid participation allowances, agenda screening service allowances, and other allowances necessary for operating the Committee within budgetary limits in accordance with the Seoul Metropolitan Government Ordinance on the Payment of Committee Allowances and Travel Expenses.
Article 17 (Detailed Enforcement Rules)
Matters necessary for the enforcement of this Ordinance shall be determined by the Mayor.
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 7557, May 19, 2020>
This Ordinance shall enter into force on the date of its promulgation.
1 (Fire Victim Support Application)
2 (Fire Damage Dispute Mediation Application)
3 (Power of Attorney for Fire Damage Dispute Mediation Application)
4 (Letter of Agreement by Fire Damage Dispute Mediation)
5 (Protocol for Fire Damage Dispute Mediation)
6 (Register of Fire Victim Support Applications and Receipt Processing of Applications )