"Purely Private Organization, But Trying to Create a Public Institution?"... Why the Controversy Over the Disaster Relief Act Amendment

"Concerns That Civil Organizations' Fundamental Rights May Be Excessively Restricted"

Hope Bridge National Disaster Relief Association, a specialized organization for disaster relief fundraising, is opposing the proposed legal amendments currently under review in the National Assembly, calling them excessive regulations. If the Disaster Relief Act amendment bill, submitted to the National Assembly’s Legislation and Judiciary Committee on the 19th, passes, the association will be required to disclose the results of the distribution committee’s operations, and the Ministry of the Interior and Safety’s authority will be significantly strengthened over the accounting of relief funds, as well as the acquisition supervision, corrective orders, and other aspects of the association’s basic assets. Penalty provisions have also been strengthened. Previously, the Administrative Safety Committee forwarded a bill proposed by two lawmakers from the Democratic Party of Korea as the chairman’s alternative to the Legislation and Judiciary Committee.

[Image provided by Hope Bridge]

On the 26th, the Disaster Relief Association released a statement refuting the contents and intent of the amendment bill point by point, expressing concern that "the association will effectively become a government-affiliated agency." The association first stated, "If it is argued that an amendment to the Disaster Relief Act is necessary due to problems with the current distribution committee, it is essential to specify exactly what flaws have occurred in the committee’s activities so far." It added, "The Ministry of the Interior and Safety conducted intensive investigations of the association three times recently?in 2018, 2020, and 2023?but failed to detect any issues in the distribution of public relief funds. This proves that the distribution of relief funds has been conducted very transparently and appropriately." The association pointed out, "The reason the government should not intervene in the fundraising and management of relief funds is to prevent the precious donations from the public from being used for 'populist administration' or 'political purposes.'"

The association also raised concerns about the introduction of government approval provisions regarding the acquisition, sale, lease, and collateral of the association’s basic assets, as well as penalties including imprisonment of up to three years or fines up to 30 million won for noncompliance with projects required by the Minister of the Interior and Safety. The association stated, "These excessively restrict the fundamental rights of a private organization that receives no government support, violating the constitutional principles of minimal infringement and balance of legal interests." It added, "Compared to regulations on similar relief fundraising organizations such as the Community Chest of Korea and the Red Cross, which receive government support, this is an excessive law that lacks fairness. The association is a purely private organization that does not receive government grants or subsidies." Regarding the Saemaeul Geumgo Act, the competent minister may take or request measures such as dismissal, suspension, pay reduction, reprimand, or warning against officers or employees of the credit union or central association who fail to comply with the law, orders, or articles of association, but there are no penalty provisions for noncompliance.

The association emphasized, "As disasters become increasingly severe and diverse, it is more urgent than ever to devise wisdom for effective cooperation between the government and the private sector." It added, "We urgently need a forum to move beyond unnecessary and exhausting conflicts surrounding the bill amendment and to discuss future-oriented measures for public safety and disaster victim relief together." Furthermore, it appealed, "We hope to hold a forum involving the government, the association, and private experts to conduct in-depth discussions on the bill’s contents and to establish a future-oriented public-private cooperation system for public safety and disaster relief."

The background for the government and National Assembly’s move to strengthen management and supervision authority over the association stems from various allegations raised through media reports and National Assembly audits. Earlier, on the 10th, the Ministry of the Interior and Safety announced that it had identified a total of 17 corrective action items, including violations of recruitment procedures and misuse of donations, following an administrative inspection of the association. The ministry notified the association of these results and decided to refer matters suspected of legal violations to judicial authorities for investigation.

In response, the association stated, "According to the results notified by the Ministry of the Interior and Safety, the issues involve administrative errors and regulatory deficiencies such as inadequate labor management under the Labor Standards Act and payment of condolence money for great-grandparents not covered by internal rules, which we plan to sincerely correct and supplement." It added, "There were no flaws in the distribution of relief funds, and the ministry’s detailed investigations themselves demonstrate that the association is already under thorough guidance and supervision by the ministry."

Hope Bridge National Disaster Relief Association is a purely private relief organization established in 1961 by uniting newspapers, broadcasters, and social organizations nationwide to help neighbors suffering from sudden disasters. It took its first step as the National Flood Countermeasures Committee following the fundraising campaign to aid victims of Typhoon Sara in 1959. It was launched as the National Disaster Countermeasures Council in 1964 and reemerged in 2001 as the National Disaster Relief Association, the only legally authorized relief organization by the Korean government to provide domestic natural disaster relief funds under the amended Disaster Relief Act. To date, it has provided 1.6 trillion won in donations and over 60 million items of supplies, receiving the Presidential Citation as a ‘Disaster Countermeasure Meritorious Organization’ five times in 1996, 2002, 2011, 2017, and 2022.

This content was produced with the assistance of AI translation services.