Busan Metropolitan City Ordinance on the Prevention and Management of Serious Accidents : City Government

Enforcement Date 3. April, 2024.

Busan Metropolitan City Ordinance No. 7235, 3. April, 2024., Enacted

Article 1 (Purpose)
The purpose of this Ordinance is to stipulate matters necessary for the prevention and management of serious accidents, thereby preventing the occurrence of such accidents and protecting the lives and physical well-being of citizens and workers.

Article 2 (Definitions)
The terms used in this Ordinance shall be as defined in Article 2 of the Serious Accidents Punishment Act (hereinafter referred to as "Act").

Article 3 (Responsibilities of the Mayor)
The Mayor of Busan Metropolitan City (hereinafter referred to as "Mayor") shall establish and promote policies necessary for the prevention of serious accidents and endeavor to provide administrative and financial support as needed.

Article 4 (Prevention and Management Plan for Serious Accidents)
(1) The Mayor shall annually formulate and implement a prevention and management plan for serious accidents.
(2) The plan referred to in paragraph (1) shall include the following:
- 1. The basic direction and objectives of policies for the prevention and management of serious accidents
- 2. Matters concerning the establishment and implementation of a safety and health management system, including the necessary personnel, budget, and inspections for the prevention of serious accidents
- 3. Matters regarding the establishment and implementation of measures to prevent the recurrence of serious accidents
- 4. Matters concerning compliance with safety and health-related laws and regulations
- 5. Other matters deemed necessary by the Mayor for the prevention and management of serious accidents

Article 5 (Fact-Finding Survey)
(1) The Mayor may conduct a fact-finding survey on serious accidents to efficiently formulate and implement the plan under Article 4.
(2) The Mayor may request relevant organizations or entities to submit data or cooperate as necessary for the survey referred to in paragraph (1).
(3) The Mayor may commission specialized institutions to conduct the survey to ensure its effective execution.

Article 6 (Organize a public-private council)
(1) The Mayor may form and operate a public-private consultative body to provide advice on matters necessary for the formulation of the plan under Article 4 and the prevention and management of serious accidents.
(2) The Mayor may include experts in the field of serious accidents in the composition of the consultative body referred to in paragraph (1).

Article 7 (Key Management Targets)
The Mayor may designate and manage the following facilities or means, directly managed by Busan Metropolitan City, as key management targets if they are deemed likely to result in serious accidents:
- 1. Public-use facilities as defined in subparagraph 4 of Article 2 of the Act
- 2. Public transportation vehicle means as defined in subparagraph 5 of Article 2 of the Act
- 3. Facilities that handle raw materials or manufactured products as specified in Appendix 5 of the Enforcement Decree of the Serious Accidents Punishment Act
- 4. Other facilities or means deemed necessary by the Mayor for the prevention of serious accidents

Article 8 (Consulting Support)
The Mayor may provide consulting support to business owners and responsible management personnel on matters necessary for the prevention of serious accidents, including safety and health assurance obligations and the necessary implementation measures, in any of the following cases:
- 1. Public-use facilities as defined in subparagraph 4 of Article 2 of the Act
- 2. Public transportation vehicle means as defined in subparagraph 5 of Article 2 of the Act
- 3. Facilities that handle raw materials or manufactured products as specified in Appendix 5 of the Enforcement Decree of the Serious Accidents Punishment Act
- 4. Other cases deemed necessary by the Mayor for the prevention of serious accidents

Article 9 (Education and Publicity)
The Mayor may provide education and conduct publicity activities for citizens, workers, business owners, and responsible management personnel for the prevention and management of serious accidents.

Article 10 (Entrustment of Duties)
(1) The Mayor may entrust part or all of the tasks under Articles 8 and 9 to specialized institutions, corporations, or organizations for the efficient promotion of serious accident prevention and management.
(2) The Mayor may provide necessary funding within the budget for the tasks entrusted under paragraph (1).
(3) In cases where duties are entrusted under paragraph (1), matters not specified in this Ordinance shall be governed by the Ordinance on the Entrustment and Delegation of Public Duties of Busan Metropolitan City and the Ordinance on the Basic Framework for Private Entrustment of Busan Metropolitan City.

Ordinance No. 7235, 3. April, 2024.

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