" Constitutional Improvement of Special Act on the Safety Control of Publicly Used Establishments for Fire Prevention"

Young-Jin Cho; Eun-Tae Yeo; In-Hyuk Kim

doi:10.35223/gnulaw.29.4.11

" Constitutional Improvement of Special Act on the Safety Control of Publicly Used Establishments for Fire Prevention"

The Journal of Legal Studies ◽

10.35223/gnulaw.29.4.11 ◽

2021 ◽

Vol 29 (04) ◽

pp. 249-267

Author(s):

Young-Jin Cho ◽

Eun-Tae Yeo ◽

In-Hyuk Kim

Keyword(s):

Fire Prevention ◽

Safety Control

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A Study on the Systemic Improvement for the Enactment and Revision of the National Fire Safety Code

Fire science and engineering ◽

10.7731/kifse.47a5e689 ◽

2020 ◽

Vol 34 (2) ◽

pp. 110-119

Author(s):

Young-Joo Song ◽

Tae-Woo Kim ◽

Keesin Jeong

Keyword(s):

Fire Safety ◽

Legal Status ◽

Fire Prevention ◽

Technical Standards ◽

Revision Process ◽

Safety Control ◽

Safety Code ◽

Independent Entity ◽

System Improvement ◽

The Government

The National Fire Safety Code (NFSC) sets forth the installation methods and technical standards of firefighting facilities. This information is stipulated in the attached Table 1 of the Enforcement Decree of the Act on Fire Prevention and Installation, Maintenance and Safety Control of Fire-Fighting Systems. The NFSC serves as a foundation for fire prevention and public safety. However, the current version of the NFSC has been under scrutiny due to its delayed enactment and revision process. This is because of its structural inflexibility, time-consuming procedures, and mixed usage of both performance and technical standards. Furthermore, there are difficulties with keeping its unique specialties due to the absence of a specialized, permanent independent entity that enacts, revises, and maintains its standards. Moreover, the NFSC lacks collectivity, openness, and consistency. Therefore, to overcome the aforementioned obstacles, this study investigates the operational and legal status of the NFSC and the problems regarding its enactment and revision process. Further, it presents suggestions for system improvement by analyzing and comparing the information with domestic and foreign counterparts dedicated to managing their similar technical NFSC standards. First, the study recommends that the legal performance and technical standards mixed within the current NFSC should be separated. Second, the enactment and revision of technical standards should be implemented by the private sector and not by the government. Third, technical standards should adopt a user-oriented approach for the code system.

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Problems of Preventive Work in the Field of Fire Safety

Actual Problems of Russian Law ◽

10.17803/1994-1471.2019.98.1.073-079 ◽

2019 ◽

pp. 73-79

Author(s):

V. V. Antonchenko

Keyword(s):

Fire Safety ◽

The State ◽

Fire Prevention ◽

Safety Control ◽

The Real ◽

Emergency Situations ◽

Preventive Work ◽

Problematic Area ◽

High Level ◽

And Control

The article analyzes the activities of supervisory authorities in implementing control and supervisory measures in the field of fire safety. The author believes that today the society lives in the conditions of imitation of activity in this important area, which is not related to the real provision of fire safety. One of the circumstances allowing drawing such a conclusion is the transfer of fire safety supervisory functions and control powers to nongovernmental institutions.Based on the analysis of the mechanisms of fire safety control and supervision — both the state fire supervision bodies under the Ministry of Emergency Situations of Russia and companies providing services for the fire audit — the conclusion is made about inadmissibility of eliminating the State from the principal, active and purposeful work on fire prevention and narrowing the powers of state bodies in this extremely important and, at the same time, very problematic area. The author believes that the neglect of the need to maintain a high level of fire safety, including by legal means, significantly weakens the level of protection of an individual and a society from fires.

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