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Busan Metropolitan City Ordinance on the Social Disaster Relief and Restoration

By Social Disaster Management Division 2021. 12. 6 343  Views
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Busan Metropolitan City Ordinance on the Social Disaster Relief and Restoration In-charge Department: Community Safety Office Social Disaster Division

(Revsion) November 2, 2016 Ordinance No. 5450

(Partial Revision) September 25, 2019 Ordinance No. 5984

  • Article 1 (Purpose)
  • The ordinance aims at stipulating the requirements to stablize the living of the victims, and control the damges, from social diasters.
  • Article 2 (Definition)
  • The ordinance shal use the terms, which are defined as follows:
    • 1. “Social disaster” means the disaster under the Framework Act for Disaster and Safety Management (hereafrer called “Act”) Article 3 paragraph 1 Item b.
    • 2. “Stable Living Suppor” means the relief and support for the stable living of the social disaster victims (hereafrer called “Disaster Victim”).
  • Article 3 (Scope of Application)
  • The ordinance shall be applied to the incidence of disaster, among the social disasters, in the areas which are not declared for the special disater area pursuant to Articl 60 of the act.
  • Article 4 (Support Eligibility)
  • The Busan Metropolitan City Emergency Management Agency Director (hereafrer called “Agency Director”) may determine the supports with the review in the meeting of the Busan Metropolitan City Emergency Management Agency (hereafrer called “Agency Meeting”), as per the request from the mayors of the districts and/or guns, which has formed and operated the Busan Metropolitan City Emergency Management Agency or the District/Gun Emergency Management Agency pursuant to Article 16 paragraph 1 of the act, if the social disaster falls under any one of the following subparagraphs:
    • 1. Disaster deemed in need of the Busan Metropolitan City’s support due to the troubles in supporting the Disaster Victims and controling the damaged sites with the mere exercising of the district and/or gun’s administrative or financial capabilities
    • 2. Disaster deemed in need of the emergent measures, including stable living support, for the Disaster Victims in the event of the delays in investigating the cause and responsibility of disaster, and the absence of an own capability for indemnification by a disaster-caused entity.
  • Article 5 (Support Criteria)
  • ① The mayor of Busan Metropolitan City (hereafrer called “Mayor”) or the mayors of districtand/or gun may provide the supports of the following subps , within the scope of the relevant laws, to stabilize the living of the Disaster Victims and control the damages: <Revision September 25, 2019>
    • 1. Support for the following items, as stipulated in the Regulation on the Cost-Bearing Criteria for Social Disaster Relief and Restoration (hereafrer called “Decree’)
      • a. Stable living support pursuant to the Decree Article 3 paragraph Subparagraph 1
      • b. Indirect support pursuant to the Decree Article 3 paragraph Subparagraph 2
      • c. Damage control support pursuant to the Decree Article 3 paragraph Subparagraph 3
    • 2. Support for funeral expense and treatment expense for the Disaster Victims
    • 3. Any support deemed otherwise necessary for the stable living and damage control for the Disaster Victims ② The support criteria for the support amount pursuant to Article 1 paragraph 2 shall be as in the following subparagraphs: <New Insertion September 25, 2019>
      • 4. Funeal expense: common expense spent for the funeal of the death from disasters
      • 5. Medical treatment expense: common expense spent for the medical treatment of a person with injury from disasters③ The Agency Director shall determine, with the deliberation in the Agency Meeting, the support criteria and support amount and the specific amount for the support of the funeral and medical treatment expenses, pursuant to Paragraphs 1 and 2. <Revision September 25, 2019>
    • Article 6 (Indemnification for Support Amount)
    • The Mayor or the district mayor and/or gun mayor shall claim on a disaster-caused entity for the expense, in entirety, including the support amount paid for the supports of the following items in Article 5 paragraph 1: [Newly incorporated September 25, 2019] [Transfer of existing Article 6 to Article 8 <September 25, 2019>]
    • Article 7 (Responsibility for Indemnification)
    • If the Mayor or a district mayor and/or a gun mayor claims the expense, pursuant to Article 6, of an excessive amount, the disaster-caused entity may insist on the amount, which amounts to a normal indemnification and in excess of the normal indemnification, and challenge the claim by the Mayor or the district mayor and/or the gun mayor, and, if the payment has been made already, may claim on the Mayor or the district mayor and/or the gun mayor for the refund of the amount in excess.
    • [Newly incorporated September 25, 2019]
    • [Transfer of existing Article 7 to Article 9 <September 25, 2019>]
    • Article 8 (Prohibition of Duplicate Support)
    • The support under the ordinance shall not apply to any event, for which the same support under the ordinance has been provided pursuant to other law or ordinance.
    • [Transfer from Article 6 <September 25, 2019>]
    • Article 9 (Execution of Stable Living Support)
    • ① The support for the Disaster Victim pursuant to Article 5 paragraph 1 (hereafrer called “Stable Living Supports”) shall be executed with the reporting by the Disaster Victim.
    • ② The Disaster Victim, who wishes to be provided the Stable Living Supports, shall complete the Social Disaster Damage Report in the attached form and submit the form to a district mayor and/or a gun mayor within 10 days after the Agency Director decides for the support pursuant to Article 4.
    • ③ Any one, who does not report within the reporting period under paragraph 2, notwithstanding Article 2, due to the reason of any one of the followsing subparagraphs, shall complete the reporting pursuant to paragraph 1 within 10 days from the termination of the reason: 1. Unable to understand the damages due to long term travel or hospitalization 2. Deemed otherwise by the district mayor and/or gun mayor for having a good reason for being unable to report
    • ④ The district mayor and/or gun mayor may extend the reporting period, when deemed necessary in consideration of the nature and size of a disaster or the traffic and communication in the disaster area. In such case, the district mayor and/or gun mayor shall discuss with the Agency Director in advance.
    • ⑤ If the Disaster Victim is unable to report in person due to the reason of death, missing, injury, or old age, the district mayor and/or gun mayor may have the head of tong, ri, or ban of the residential adress verify and report, or launch a direct investigtion.
    • ⑥ The district mayor and/or gun mayor, who accepted the report pursuant to the stipulations of Paragraphs 1 throught 5, shall verify the damages, based on the reporting, immediately and carry out the Stable Living Supports.
    • [Transfer from Article 7 <September 25, 2019>]
    • Article 10 (Information Provision for Indirect Support)
    • The district mayor and/or gun mayor, when the damages are verified and confirmed pursuant to Article 9 paragraph 6, may provide the information for the indirect support agency of the following subparagraphs: < September 25, 2019 >
    • 1. Central administrative agency
    • 2. Small and medium enterprise agency pursuant to the Act on Small and Medium Enterprise Promotion
    • 3. Technology Finance Corporation pursuant to the Korea Technology Credit Guarantee Fund Act
    • 4. Korea Credit Guarantee Fund pursuant to the Credit Guarantee Fund Act
    • 5. Credit Guarantee Foundation pursuant to the Regional Credit Guarantee Foundation Act
    • 6. Agricultural cooperatives and livestock cooperatives pursuant to the Agricultural Cooperatives Act, fisheries cooperatives pursuant to the Fisheries Cooperatives Act, and forestry cooperatives pursuant to the Forestry Cooperatives Act
    • 7. National Pension Service pursuant to the National Pension Act
    • 8. Any agency deemed otherwise necessary for indirect supprot
    • [Transfer from Article 8 <September 25, 2019>]
    • Article 11 (Payment Method)
    • The support under the ordinance shall be deposted, in principle, to an account under the name of a support-eligible person in financial instituions or communications agency, except that the support-eligible person may willingly choose a different option for the payment method, if the account deposit is undesired due to the reason of bad credit.
    • [Transfer from Article 9 <September 25, 2019>]
    • Article 12 (Notification of Refund)
    • ① The district mayor and/or gun mayor shall notify, with a set period, the refund of the money or valuables supported, if the person, who is provided the support pursuant to the ordinance, falls under any one of the following subparagraphs:
      • 1. Support provided in a fraudulent or otherwise unlawful manner
      • 2. Reason for payment exprired retroactively after the receipt of support
      • 3. Other support money paid mistakenly
    • ② The person, who were notified of refund pursuant to paragraph1 shall return the support money and valuables immediately.
    • [Transfer from Article 10 <September 25, 2019>]
    • Article 13 (Securing of Funds)
    • ① The district mayor and/or gun mayor shall use the reserve fund or secure the spending budget immediately upon deciding for the support pursuant to Article 4.
    • ② The City and the districts and/or guns shall bear 70% and 30%, respectively, of the funding required to support the stable living and damage control, pursuant to Article5 paragraph 1.
    • ③ The City and the districts and/or guns shall bear 50% and 50%, respectively, of the funding for the local municipality subsidy to restore damages from the social disaster, pursuant to the Framework Act of Disaster and Safety Management Enforcement Regulation Article 19-2 Subparagraph 2, in the area declared for the special disaster area, notwithstanding Art- 3.
    • [Transfer from Article 11 <September 25, 2019>]
    • Article 14 (Other Matter)
    • The Agency Director shall determine the requirements, other than the stipulations in the ordinance, for the payment, return, and criteria of bearing for the expense of the relief and restoration caused by the social disaster.
    • [Transfer from Article 12 <September 25, 2019>]

    • Supplementary Provision

    • The ordinance shall be in effect upon proclamation.

    • Supplementary Provision <September 25, 2019>

    • Article 1 (Effective Date)
    • The ordinance shall be in effect upon proclamation.
    • Article 2 (Application on Support Criteria)
    • The revised stipulation in Article 5 paragraph 1 Subparagraph 2 and paragraph 2 Subparagraph 3 of the act shall be applied to the ongoing social disaster, which occurred prior to enforcing the ordinance with the decision to support, pursuant to Article 4, remaining incomplete.
    • Annex/Attached Table
    • [Annex Form] Social Disaster Damage Report
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