Korea's Recent Environmental Laws, Reports, and Press Releases based on KEI Research
- Date2022-06-02 16:38
- TypeLaw
- View403
Wholly Amended by Act No. 10893, Jul. 21, 2011
Lastly Amended by Act No. 18918, jun. 10, 2022
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this
Act is to ensure that all citizens enjoy a healthy and pleasant life by
preventing environmental pollution and environmental damage and by managing and
preserving the environment in an appropriate and sustainable manner through defining
the rights and duties of citizens and the obligations of the State with regard
to environmental conservation and determining the fundamental matters for
environmental policies.
Article 2 (Fundamental Concepts)
(1) The State,
local governments, business entities and citizens shall ensure that the current
generation of citizens can fully enjoy environmental benefits and future
generations will continue to enjoy such benefits by endeavoring to maintain and
create a better environment, by considering environmental conservation first
while engaging in any activities utilizing the environment and by combining
their efforts to prevent any environmental harms on the earth, such as climate
changes, in view of the fact that the creation of a delightful environment
through a qualitative improvement and conservation of the environment and the
maintenance of harmony and balance between human beings and the environment
therethrough are indispensable elements for citizens’ health and enjoyment of a
cultural life, for the maintenance of the territorial integrity and for the
everlasting development of the nation.
(2) The State and
local governments shall endeavor to realize environmental justice by ensuring
all citizens' substantial participation in the enactment or amendment of
environmental statutes, regulations, ordinances and rules or the formulation or
implementation of policies, access to information about environment, equitable
sharing of environmental benefits and burdens, and fair compensation for losses
caused by environmental pollution or environmental damage.
Article 3 (Definitions)
The terms used in
this Act are defined as follows:
1. The term "environment" means the natural environment
and the living environment;
2. The term “natural environment” means the natural conditions
(including ecosystem and natural scenery) that include both all living things
in the underground, on the earth’s surface (including the seas) and above the
ground and inanimate matters surrounding them;
3. The term “living environment” means the environment related to
the daily life of human beings, such as air, water, soil, waste, noise, vibration,
malodor, sunshine, artificial lighting, and chemical substances;
4. The term “environmental pollution” means air pollution, water
pollution, soil pollution, sea pollution, radioactive contamination, noise,
vibration, malodor, sunshine obstruction, light pollution from artificial
lighting and other similar pollution caused by industrial activities and other
human activities, such as inflicting damage on human health or the environment;
5. The term “environmental damage” means the conditions that inflict
serious damage on intrinsic functions of the natural environment by overhunting
or overgathering wild animals or plants, destroying their habitats, disturbing
the order of the ecosystem, impairing the natural scenery, washing away the
topsoil, etc.;
6. The term “environmental conservation” means any activity
conducted to protect the environment from pollution and damage and to improve
any polluted or damaged environment, as well as to maintain and create more
delightful environmental conditions;
7. The term “environmental capacity” means the limit in which the
environment can keep its quality by absorbing, purifying and restoring
environmental pollution or environmental damage on its own within a certain
area;
8. The term “environmental standards” means desirable environmental
conditions or quality levels that the State should achieve and maintain to
protect the health of citizens and create a delightful environment.
Article 4 (Responsibilities of the State and Local Governments)
(1) In order to
prevent any environmental pollution and environmental damage and any potential
harms caused thereby and to properly manage and preserve the environment, the
State shall be responsible for the development and implementation of an
environmental plan.
(2) A local
government shall be responsible for the formulation and implementation of its
own environmental plan according to the environmental plan of the State, taking
into consideration the regional characteristics of its jurisdiction.
(3) When
formulating an environmental plan under paragraph (1) and an environmental plan
of a local government under paragraph (2) to maintain the national land at a
sustainable level, the State and local governments shall devise a measure to
interlink such plan with a national land plan under the Framework Act on the
National Land.
(4) Where
necessary to interlink the environmental plan and the national land plan under
paragraph (3), the Minister of Environment may jointly determine matters, such
as the scope of application and the methods and procedures for the
interlinking, with the Minister of Land, Infrastructure and Transport.
Article 5 (Responsibilities of Business Entities)
Any business entity
shall voluntarily take measures required for preventing any environmental
pollution and environmental damage that may result from his or her business
activities and shall have the obligation to participate and cooperate in
environmental conservation policies of the State or local governments.
Article 6 (Rights and Duties of Citizens)
(1) All citizens
shall have the right to live in a healthy and agreeable environment.
(2) All citizens
shall cooperate in environmental conservation policies of the State and local
governments.
(3) All citizens
shall endeavor to reduce any environmental pollution and environmental damage
that may result from their daily lives and to preserve the national land and
natural environment.
Article 6-2 (Relationship to Other Statutes)
Enactments or
amendments of other statutes or regulations related to environmental policies
shall conform to the purpose and fundamental concepts of this Act.
Article 7 (Principle of Liability of Persons Causing Pollution)
Any person who
causes any environmental pollution or environmental damage due to his or her
business or other activities shall, in principle, be liable to prevent the
relevant pollution or damage and to recover and restore the polluted or damaged
environment, as well as to bear expenses incurred in restoring the damage
resulting from the environmental pollution or environmental damage.
Article 7-2 (Benefit Principle)
Where a person
other than the State or a local government gains significant benefits from a
project for environmental conservation, the State or a local government may
require the person who gains benefits to fully or partially bear the cost of
the project for environmental conservation within the limit of such benefits.
Article 8 (Prior Prevention of Environmental Pollution)
(1) The State and
local governments shall exert preferential efforts for a prior preventive
management of pollution through reducing pollutants and pollution sources of
the environment at source and devise policies to promote voluntary efforts by
business entities for the prevention of environmental pollution.
(2) Business
entities shall endeavor to use raw materials with less environmental pollution
and to improve their production processes at the entire phases of their
business activities such as production, sale, distribution and destruction of
products, and to reduce the generation of pollutants at source and to minimize
any harmful impacts arising from the use and destruction of their products on
the environment by means of saving resources and promoting recycling.
(3) The State,
local governments and business entities shall endeavor to minimize any harmful
impacts arising from their administrative plans and development projects on the
environment with the aim of preventing such administrative plans and
development projects from damaging the national land and natural environment.
Article 9 (Comprehensive Consideration of Environment and Economy)
(1) The Government
shall develop methods by which the environment and economy can be evaluated in
a comprehensive manner and shall utilize those methods when it formulates
different types of policies.
(2) The
Government shall assist in minimizing any harmful impacts on the environment
through consultations between industries, regions and businesses within the
environmental capacity.
Article 10 (Saving of Resources and Promotion of their Cyclical Use)
(1) The State and
local governments shall develop policies necessary to economize on resources
and energy and to promote the cyclical use of resources, including reuse and
recycling of resources.
(2) Business
entities shall cooperate with the State and local governments in implementing
the policies under paragraph (1) when they conduct economic activities.
Article 11 (Reporting)
(1) The
Government shall submit each year to the National Assembly a report on the
situation of promoting major environmental conservation policies.
(2) A report
under paragraph (1) shall include the following:
1. Current status of environmental pollution and environmental
damage;
2. Environmental trends at home and abroad;
3. Promotion status of environmental conservation policies;
4. Other important matters relating to environmental conservation.
(3) The Minister
of Environment may request the head of a relevant central administrative agency
to submit the data required for preparing a report under paragraph (1), and the
head of the relevant central administrative agency shall comply with it unless there
is a compelling reason not to do so.
CHAPTER II ESTABLISHMENT OF
ENVIRONMENTAL PLANS
SECTION 1 Environmental Standards
Article 12 (Formulation of Environmental Standards)
(1) The State
shall formulate environmental standards, based on the impacts, etc. on the
ecosystem or human health and ensure that such standards maintain
appropriateness according to changes in environmental conditions.
(2) The
environmental standards shall be prescribed by Presidential Decree.
(3) The Special
Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, a
Special Self-Governing Province (hereinafter referred to as
"City/Do") may, by ordinance of the relevant City/Do, formulate
separate environmental standards that are more expanded and strengthened than
the environmental standards prescribed in paragraph (1) (hereinafter referred
to as “local environmental standards”) or modify any existing environmental
standards for such purposes, if deemed necessary in view of the unique
environmental characteristics of the relevant area.
(4) If the
Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special
Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province
Governor (hereinafter referred to as a "Mayor/Do Governor")
formulates or modifies any local environmental standards prescribed in
paragraph (3), he or she shall, without delay, notify the Minister of
Environment thereof.
Article 12-2 (Publication of Environmental Standards)
(1) The Minister
of Environment shall publish the environmental standards formulated under
Article 12 and grounds for the formulation thereof.
(2) The standards
and methods for publication prescribed in paragraph (1) shall be prescribed by
Ordinance of the Ministry of Environment.
Article 12-3 (Evaluation of Environmental Standards)
(1) The Minister
of Environment shall evaluate environmental standards prescribed in Article 12
on a five-year basis to maintain the adequacy of the environmental standards.
(2) Upon the
evaluation of environmental standards prescribed in paragraph (1), the Minister
of Environment shall report, without delay, the results without delay to the
competent standing committee of the National Assembly.
(3) The State and
local governments shall reflect the evaluation result prescribed in paragraph
(1) in formulating or modifying the environmental standards prescribed in
Article 12 (1) and (3).
(4) Other matters
necessary for evaluating environmental standards shall be prescribed by
Presidential Decree.
Article 13 (Maintenance of Environmental Standards)
If the State or a
local government enacts or amends any statute or regulation related to the
environment, establishes any administrative plan, or executes any project, he
or she shall ensure that the environmental standards under Article 12 are
appropriately maintained, in consideration of the following:
1. Prevention of the environmental deterioration and elimination of
the factors thereof;
2. Restoration to the original state of any area the environment of
which is polluted;
3. Prevention of environmental pollution and environmental damage
following the use of any new scientific technology;
4. Proper distribution of financial resources for the prevention of
environmental pollution.
SECTION 2 Fundamental Policies
Article 14 (Development of Comprehensive National Environmental
Plan)
(1) The Minister
of Environment shall develop a comprehensive plan to preserve the environment
at the national level (hereinafter referred to as “comprehensive national
environmental plan”), every 20 years, after consultation with the heads of
relevant central administrative agencies.
(2) If the
Minister of Environment intends to develop or modify a comprehensive national
environmental plan, he or she shall prepare a draft therefor and finalize it
subject to deliberation by the State Council after hearing opinions from
citizens, related experts, etc. through a public hearing, etc.
(3) If it is
intended to modify any minor matter prescribed by Presidential Decree with
respect to a comprehensive national environmental plan, the procedure under
paragraph (2) may be omitted.
Article 15 (Details of Comprehensive National Environmental Plans)
A comprehensive
national environmental plan shall include the following:
1. Matters concerning the given conditions for environmental
changes, such as population, industry, economy, and utilization of land and
sea;
2. Prediction of the sources of environment pollution, environmental
pollution level and pollutant discharge quantity, and prospects of changes in
environmental quality due to environmental pollution and environmental damage;
3. Current status of and prospects for the environment;
4. Goal-setting for realizing environmental justice, and measures to
achieve the goals;
5. Setting the targets of environmental conservation and the phased
measures and project programs on the following matters to attain such targets:
(a) Matters concerning the conservation of natural environment, such
as biodiversity, ecosystem, ecological axis (referring to an ecological
habitation space that links ecologically important areas or areas that need
upkeep of ecological functions for the enhancement of biodiversity and
continuity of ecosystem functions) and scenery;
(b) Matters concerning the conservation of the soil environment and
groundwater quality;
(c) Matters concerning the conservation of the marine environment;
(d) Matters concerning the conservation of the national land
environment;
(e) Matters concerning the conservation of the air environment;
(f) Matters concerning the conservation of the water environment;
(g) Matters concerning the efficient use and management of water
resources;
(h) Matters concerning the wider availability of waterworks and
sewerage systems;
(i) Matters concerning wastes control and recycling;
(j) Matters concerning chemical substances control;
(k) Matters concerning the control of radioactive contaminants;
(l) Matters concerning climate changes;
(m) Other matters concerning the management of the environment;
6. Computation of expenses incurred in executing projects, and
methods for securing financial resources therefor;
7. Appraisal of the preceding comprehensive plan;
8. Other matters incidental to those listed in subparagraphs 1
through 6.
Article 16 (Implementation of Comprehensive National Environmental
Plan)
(1) The Minister
of Environment shall, without delay, notify the heads of relevant central
administrative agencies of a comprehensive national environmental plan
developed or modified under Article 14.
(2) The heads of
relevant central administrative agencies shall take measures necessary to
implement a comprehensive national environmental plan.
Article 16-2 (Adjustment of Comprehensive National Environmental
Plan)
(1) The Minster
of Environment shall re-examine the appropriateness of the comprehensive
national environmental plan every five years, taking into consideration matters
such as changes in environmental and social conditions, and shall adjust it if
necessary.
(2) If the
Minister of Environment intends to adjust the comprehensive national
environmental plan under paragraph (1), he or she shall prepare a draft thereof
and finalize it subject to consultation with the heads of relevant central
administrative agencies after gathering consensus from citizens, related
experts, etc. through a public hearing, etc.
(3) The Minister
of Environment shall notify the head of a relevant central administrative
agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu (referring to the head
of an autonomous Gu; hereinafter the same shall apply) of the comprehensive
national environmental plan adjusted under paragraphs (1) and (2).
Article 17 Deleted.
Article 18 (Formulation of City/Do Environmental Plans)
(1) A Mayor/Do
Governor shall formulate and implement an environmental plan for the relevant
City/Do (hereinafter referred to as “City/Do environmental plan”) according to
the comprehensive national environmental plan (including the comprehensive
national environmental plan adjusted under Article 16-2 (1); hereafter in
Articles 19 through 21 the same shall apply), taking into consideration the
regional characteristics of his or her jurisdiction.
(2) If a Mayor/Do
Governor intends to formulate or modify a City/Do environmental plan, he or she
shall prepare a draft thereof and gather consensus from residents, related
experts, etc. through a public hearing, etc.: Provided, That this shall not
apply to any modification of minor matters prescribed by Presidential Decree.
(3) Deleted.
(4) If necessary
for the environmental management by affected zone provided in Article 39, the
Minister of Environment may request the relevant Mayor/Do Governor to modify
his or her City/Do environmental plan.
(5) A Mayor/Do
Governor shall manage spatial environmental information on the environmental
status by field, such as water, air, and natural ecology, as prescribed by
Presidential Decree so that he or she can utilize such information when
formulating or formulating or modifying a City/Do environmental plan.
(6) Matters
necessary for the criteria for formulating a City/Do environmental plan and the
methods for preparation thereof, etc. shall be prescribed by Ordinance of the
Ministry of Environment.
Article 18-2 (Approval of City/Do Environmental Plans)
(1) If a Mayor/Do
Governor intends to formulate or modify a City/Do environmental plan under
Article 18, he or she shall obtain approval from the Minister of Environment:
Provided, That this shall not apply to any modification of minor matters
prescribed by Presidential Decree.
(2) If the
Minister of Environment intends to approve a City/Do environmental plan under
paragraph (1), he or she shall have a prior consultation with the head of a
relevant central administrative agency.
(3) Upon
obtaining approval under paragraph (1), a Mayor/Do Governor shall publicly
announce the major content thereof without delay and notify the head of a
Si/Gun/Gu of the same.
Article 19 (Formulation of Si/Gun/Gu Environmental Plans)
(1) The head of a
Si/Gun/Gu shall formulate and implement an environmental plan for the relevant
Si/Gun/Gu (hereinafter referred to as “Si/Gun/Gu environmental plan”) according
to the comprehensive national environmental plan and City/Do environmental
plan, taking into consideration the regional characteristics of his or her
jurisdiction.
(2) Deleted.
(3) If it is
necessary for the environmental management by affected zone under Article 39,
the head of a local environmental agency or a Mayor/Do Governor may request the
head of the relevant Si/Gun/Gu to modify his or her Si/Gun/Gu environmental
plan.
(4) If the head
of a Si/Gun/Gu intends to formulate or modify a Si/Gun/Gu environmental plan,
he or she shall prepare a draft thereof and gather consensus from residents,
related experts, etc. through a public hearing, etc.: Provided, That this shall
not apply to any modification of minor matters prescribed by Presidential
Decree.
(5) The head of a
Si/Gun shall manage spatial environmental information on the environmental
status by field, such as water, air, natural ecology, etc., as prescribed by
Presidential Decree, so that he or she can utilize the environmental plan when
formulating or modifying an environmental plan of the relevant Si/Gun.
(6) Matters
necessary for the criteria for formulating a Si/Gun/Gu environmental plan and
the methods for preparation thereof, etc. shall be prescribed by Ordinance of
the Ministry of Environment.
Article 19-2 (Approval of Si/Gun/Gu Environmental Plans)
(1) Where the
head of a Si/Gun/Gu intends to formulate or modify a Si/Gun/Gu environmental
plan pursuant to Article 19, he or she shall obtain approval from the Mayor/Do
Governor: Provided, That this shall not apply to any modification of minor
matters prescribed by Presidential Decree.
(2) Where a
Mayor/Do Governor intends to approve a Si/Gun/Gu environmental plan pursuant to
paragraph (1), he or she shall have a prior consultation with the head of the
relevant local environmental agency.
(3) Upon
obtaining approval under paragraph (1), the head of a Si/Gun/Gu shall publicly
announce the main content thereof without delay.
Article 20 (Disclosure of Comprehensive National Environmental Plan)
The Minister of
Environment, a Mayor/Do Governor, and the head of a Si/Gun/Gu shall disclose
through his or her agency’s website, etc. a comprehensive national
environmental plan formulated or modified under Article 14 or 16-2, a City/Do
environmental plan formulated or modified under Article 18 or 18-2, and a
Si/Gun/Gu environmental plan formulated or modified under Article 19 or 19-2.
Article 21 (Environmental Consideration for Development Plans and
Projects)
(1) Where the
State or the head of a local government develops a plan for the utilization or
development of land, it or he or she shall take into consideration the relevant
comprehensive national environmental plan, City/Do environmental plan and
Si/Gun/Gu environmental plan (hereinafter referred to as “comprehensive
national environmental plan, etc.”) and the environmental capacity of the
relevant area.
(2) Where the
head of a relevant central administrative agency, a Mayor/Do Governor, or the
head of a Si/Gun/Gu grants permission, etc. for any project involving the
utilization or development of land, he or she shall take into consideration the
relevant comprehensive national environmental plan, etc.
Article 22 (Survey and Evaluation of Environmental Conditions)
(1) The State and
local governments shall survey and evaluate the following on a regular basis:
1. Current status of the natural environment and living environment;
2. Actual status of environmental pollution and environmental
damage;
3. Sources of environmental pollution and the main causes of
environmental damage;
4. Changes in the quality of the environment, such as climate
changes;
5. Other matters needed to develop and implement a comprehensive
national environmental plan, etc.
(2) The State and
local governments shall maintain a system for research, monitoring,
measurement, testing, and analysis to properly conduct the survey and evaluation
referred to in paragraph (1).
(3) Matters
necessary for the survey and evaluation referred to in paragraph (1) and the
system of conducting research, monitoring, measurement, testing, and analysis
referred to in paragraph (2) shall be prescribed by Presidential Decree.
Article 23 (Development and Dissemination of Environment-Friendly
Planning Techniques)
(1) The
Government may develop and disseminate environment-friendly planning techniques
and standards for the utilization and development of land (hereinafter referred
to as “environment-friendly planning techniques, etc.”) to ensure that
administrative plans and development projects affecting the environment are
designed, developed and implemented in an environmentally sound and sustainable
manner.
(2) The Minister
of Environment may develop and disseminate an environmental assessment map that
indicates the current environmental state by grade after assessing the
environmental value of the national land with the aim of efficiently preserving
the environment of the national land and making use of the national land in an
environment-friendly manner.
(3) The methods
of developing environment-friendly planning techniques, etc. and environmental
assessment maps, the details thereof, and other necessary matters shall be
prescribed by Presidential Decree.
Article 24 (Propagation of Environmental Information)
(1) The Minister
of Environment shall endeavor to propagate knowledge and information on
environmental conservation to all citizens and to make information on the
environment easily accessible to citizens.
(2) The Minister
of Environment may set up and operate an environmental information network to
produce and propagate smoothly the knowledge and information on environmental
conservation referred to in paragraph (1).
(3) The Minister
of Environment may request the head of a relevant administrative agency to
submit materials necessary to set up and operate an environmental information
network. In such cases, the head of the relevant administrative agency shall
comply with the request unless there is a compelling reason not to do so.
(4) If it is
necessary to efficiently set up and operate an environmental information
network under paragraph (2), the Minister of Environment may commission a
specialized institution to survey the current state of the environment or
entrust a specialized institution with the setup and operation of an
environmental information network.
(5) The setup and
operation of an environmental information network under paragraph (2), the
commission of the survey on the current state of the environment and the
entrustment of the setup and operation of an environmental information network
under paragraph (4), and other necessary matters shall be prescribed by
Presidential Decree.
Article 25 (Education on Environmental Conservation)
The State and local
governments shall develop and execute policies necessary to deepen citizens’
understanding of environmental conservation through education, publicity, etc.
on environmental conservation and to inspire citizens to voluntarily
participate in environmental conservation efforts and put them into practice in
their daily lives.
Article 26 (Encouragement of Environmental Conservation Activities
by Civil Environmental Organizations)
(1) The State and
local governments shall devise necessary policies, such as the provision of
information, to encourage voluntary environmental conservation activities
carried out by civil environmental organizations, etc.
(2) Where a civil
environmental organization, etc. carries out activities designed to preserve
the environment such as the purchase and control of any area the scenery and
ecosystem of which are highly valued, the State and the relevant local
government may provide such civil environmental organization, etc. with
necessary administrative assistance.
Article 27 (International Cooperation and Conservation of Global
Environment)
The State and local
governments shall actively participate in international efforts to preserve the
global environment from any climate change, destruction of ozone layer, marine
pollution, desertification, decrease of biological resources, etc. and to
prevent damage due to long-range transport of air pollutants, such as fine dust
and ultrafine dust, as follows:
1. Mutual cooperation concerning the monitoring, observation and
protection of the global environment;
2. Cooperation with foreign countries or international organizations
to reduce damage from environmental pollution, such as air pollution;
3. Exchange of environmental information and technology, and
fostering of specialized human resources;
4. Other matters necessary for preserving the global environment.
Article 27-2 (Designation of International Environmental Cooperation
Centers)
(1) The Minister
of Environment may designate as an international environmental cooperation
center an institution, a corporation or an organization with specialized human
resources and facilities necessary for systematically promoting international
cooperation prescribed in Article 27.
(2) An
international environmental cooperation center prescribed in paragraph (1)
(hereafter in this Article referred to as “international environmental
cooperation center”) shall perform the following activities:
1. Research and studies on policies and the development of
cooperation projects for international environmental cooperation;
2. Collection, analysis and dissemination of information on
international environmental conventions and international environmental
regulation;
3. Exchange of environmental information and technology and holding
of exhibitions and academic conferences for international environmental
cooperation;
4. Assistance in concluding memorandums of understanding with
foreign governments and international organizations for international
environmental cooperation;
5. Fostering of specialized human resources and international
exchange for international environmental cooperation;
6. Assistance in building and operating an international
environmental cooperation information system;
7. Other activities necessary for promoting international
environmental cooperation.
(3) The Minister
of Environment may, within the budgetary limits, reimburse all or some of
expenses incurred by international environmental cooperation centers in
performing their activities.
(4) The Minister
of Environment may revoke the designation of an international environmental
cooperation center or suspend its business in whole or in part for a fixed
period of up to six months if it falls under any of the following
subparagraphs: Provided, That when it falls under subparagraph 1, the
designation thereof shall be revoked:
1. Where the trading agency has obtained the designation by fraud or
other improper means;
2. Where the support organization has performed any affairs in
violation of any matter designated thereto;
3. Where the institution no longer complies with the standards for
designation of specialized manpower fostering institutions under paragraph (5);
4. Where any event occurs similar to those under subparagraphs 1
through 3 and specified by Presidential Decree.
(5) Matters
necessary for standards, periods, procedures for designation and revocation of
designation of international environmental cooperation centers, and for the
operation thereof, shall be prescribed by Presidential Decree.
Article 27-3 (Inter-Korean Exchange and Cooperation in Environmental
Sector)
The Government
shall endeavor to reactivate exchanges and cooperation in the environmental
sector, such as fact-finding surveys and joint research on the environment and
ecology between South and North Korea.
Article 28 (Promotion of Environmental Science and Technology)
The State and local
governments shall devise policies necessary for promoting environmental science
and technology, such as experiments, research, studies, technology development,
and fostering of specialized human resources for environmental conservation.
Article 29 (Installation and Management of Environmental
Conservation Facilities)
The State and local
governments shall take measures necessary for installing and managing public
facilities for environmental conservation, such as the green zones to reduce
environmental pollution, the facilities for treating waste water, sewage and
wastes, the facilities for preventing noise, vibration and malodor, the
facilities for protecting and restoring wild animals and plants and ecosystems,
and the facilities for purifying polluted soil and groundwater.
Article 30 (Regulation for Environmental Conservation)
(1) The
Government shall keep necessary regulation, for the purpose of environmental
conservation, over the discharge of substances causing the pollution of air,
water, soil or sea, the generation of noise, vibration or malodor, the
treatment of wastes, the obstruction of sunshine, and damage to the natural
environment.
(2) With respect
to a place of business that holds in two or more fields of operations
facilities which discharge substances causing environmental pollution, the
Minister of Environment or the head of the relevant local government may
coordinate the visitation and inspections of those facilities in conducting
them pursuant to related statutes.
(3) If the
Minister of Environment or the head of a local government has made an
administrative disposition against a business entity for a violation of any
statute or regulation governing environmental conservation, he or she may
disclose such fact: Provided, That this shall not apply where it is deemed that
the disclosure of such fact is likely to infringe remarkably on the business
entity’s legitimate interests because it contains the business entity’s trade
secrets.
(4) Matters
necessary for the content of and methods for disclosure, etc. under paragraph
(3) shall be prescribed by Presidential Decree.
Article 31 (Prior Notification of Permissible Emission Levels)
If the State sets
or alters any permissible emission levels with respect to environmental
pollution in accordance with the relevant statutes or regulations, it shall
notify such levels in advance through relevant agencies’ websites, etc.
Article 32 (Economic Incentives)
The Government
shall devise incentives necessary for promoting the efficient utilization of
resources and for inducing those who have given rise to environmental pollution
to voluntarily reduce the discharge of pollutants.
Article 33 (Control of Chemical Substances)
The Government
shall devise policies to properly control chemical substances in order to
prevent chemicals from causing any environmental pollution and damage to
health.
Article 34 (Prevention of Environmental Pollution by Radioactive
Substances)
(1) The
Government shall take appropriate measures with regard to environmental pollution
by radioactive substances, the prevention of such pollution, etc.
(2) The measures
under paragraph (1) shall be governed by the Nuclear Safety Act and other
relevant Acts.
Article 35 (Evaluation of Harmful Impacts of Science and Technology)
Where it is deemed
necessary to prevent any harmful impact arising from the development of science
and technology on the ecosystem and human health, the Government shall take
appropriate measures to analyze such harmful impact and evaluate its danger.
Article 36 (Countermeasures against Environment-Caused Diseases)
The State and local
governments shall find out how environmental pollution causes damage to
citizens’ health and prepare countermeasures to address diseases caused by
environmental pollution.
Article 37 (Promotion of Environment-Friendliness in State Policies)
(1) The State and
local governments shall formulate policies necessary to build an
environment-friendly traffic system to minimize environmental pollution or
environmental damage in the traffic sector.
(2) The State and
local governments shall formulate policies necessary to use energy rationally
and efficiently and to develop and disseminate environment-friendly energy so
as to minimize environmental pollution or environmental damage arising from
energy use.
(3) The State and
local governments shall formulate policies necessary to develop
environment-friendly agriculture, forestry and fisheries to minimize
environmental pollution or environmental damage in the agricultural, forestry
and fishery sectors.
Article 38 (Establishment of Special Comprehensive Measures)
(1) The Minister
of Environment may designate as a special measures area for environmental
conservation an area where any environmental pollution, environmental damage or
change in the natural ecosystem is remarkable or likely to become remarkable
and an area where the environmental standards are often exceeded and publicly
notify the designation, in consultation with the head of the relevant central
administrative agency and the competent Mayor/Do Governor, and devise special
comprehensive measures for environmental conservation in the relevant area to
have the competent Mayor/Do Governor implement them.
(2) The Minister
of Environment may restrict the utilization of land and the installation of facilities
in a special measures area, as prescribed by Presidential Decree, if it is
particularly required for environmental improvement in the special measures
area under paragraph (1).
Article 39 (Environmental Management by Affected Zone)
(1) In order to
grasp the situation of environmental pollution and to devise preventive
measures thereagainst, the Minister of Environment shall manage the air
pollution by affected zone, the water pollution by water-system zone, and the
pollution of the ecosystem by affected zone.
(2) The head of a
local government may manage the environment by affected zone according to
circumstances of his or her jurisdictional area to effectively manage the air
pollution, water pollution, or ecosystem of his or her jurisdictional area.
SECTION 3 Conservation of Natural
Environment and Environmental Impact Assessment
Article 40 (Conservation of Natural Environment)
The State and
citizens shall endeavor to maintain and preserve the order and balance of
nature, in view of the fact that the conservation of the natural environment is
fundamental for human survival and living.
Article 41 (Environmental Impact Assessment)
(1) The State
shall conduct strategic environmental impact assessment, environmental impact
assessment, and small-scale environmental impact assessment in order to enable
any plan and development project that have impacts on the environment to be
developed and implemented in an environmentally sustainable manner with the
eventual aim of maintaining the appropriateness of the environmental standards
and preserving the natural environment.
(2) Matters
regarding the targets, procedures, methods, etc. for the strategic
environmental impact assessment, environmental impact assessment and
small-scale environmental impact assessment under paragraph (1) shall be
prescribed by other Acts.
SECTION 4 Mediation of Disputes and
Relief of Damage
Article 42 (Mediation of Disputes)
In preparation for
any disputes caused by environmental pollution or environmental damage or other
environment-related disputes, the State and local governments shall devise
policies necessary to settle such disputes in a rapid and fair manner.
Article 43 (Relief of Damage)
The State and local
governments shall devise policies necessary to smoothly relieve any sufferings
caused by environmental pollution or environmental damage.
Article 44 (Absolute Liability for Sufferings by Environmental
Pollution)
(1) If any
suffering is caused by environmental pollution or environmental damage, the
person who has caused the environmental pollution or environmental damage shall
compensate for the suffering.
(2) If the
persons who have caused environmental pollution or environmental damage are two
or more, they shall compensate for the suffering under paragraph (1) jointly
where it is impossible to find out which person has caused the suffering.
SECTION 5 Establishment of Special
Account for Environmental Improvement
Article 45 (Establishment of Special Account for Environmental
Improvement)
(1) The
Government shall establish a special account for environmental improvement
(hereinafter referred to as the “account”) in order to increase investments in
environmental improvement projects and to efficiently manage and operate such
projects.
(2) The account
shall be managed and operated by the Minister of Environment.
Article 46 (Revenues of Account)
The revenues of the
account shall be as follows:
1. Revenues from loans prescribed in the Introduction and Management
of Public Loans Act;
2. Penalties for excess total pollutant load, additional charges,
and penalty surcharges prescribed in Articles 8-5 and 8-6 of the Act on the
Improvement of Water Quality and Support for Residents of the Han River Basin;
penalties for excess total pollutant load, additional charges, and penalty
surcharges prescribed in Articles 13 and 14 of the Act on Water Management and
Resident Support in the Nakdong River Basin; penalties for excess total
pollutant load, additional charges, and penalty surcharges prescribed in
Articles 13 and 14 of the Act on Water Management and Resident Support in the
Geum River Basin; and penalties for excess total pollutant load, additional
charges, and penalty surcharges prescribed in Articles 13 and 14 of the Act on
Water Management and Resident Support in the Yeongsan and Seomjin River Basins;
3. Emission dues and additional charges prescribed in Article 35 of
the Clean Air Conservation Act, and penalty surcharges for release in excess of
the total volume and additional charges prescribed in Article 22 of the Special
Act on the Improvement of Air Quality in Air Control Zones;
3-2. Inspection fees for verification of defects prescribed in
Article 51 of the Clean Air Conservation Act and fees prescribed in
subparagraph 2 of Article 86 of that Act;
3-3. Deleted;
4. Charges for water quality improvement and additional charges
prescribed in Article 31 of the Drinking Water Management Act;
5. Fees prescribed in Article 31 of the Noise and Vibration Control
Act and expenses incurred in conducting inspections prescribed in Article 33 of
that Act;
6. Effluent charges and additional charges prescribed in Article 41
of the Water Environment Conservation Act;
7. Charges for the public wastewater treatment facilities prescribed
in Article 48-2 (1) and the latter part of Article 49-6 (1) of the Water
Environment Conservation Act (limited to cases where the executor is the State)
and additional charges;
7-2. Effluent charges and additional charges prescribed in Article
15 of the Act on the Integrated Control of Pollutant-Discharging Facilities and
penalty surcharges prescribed in Article 23 of that Act;
7-3. Fees for the use of public wastewater treatment facilities
prescribed in Article 48-3 (1) and the latter part of Article 49-6 (1) of the
Water Environment Conservation Act (limited to cases where the operator is the
State, and excluding cases of entrusting installation or operation to any of
the persons falling under any subparagraph of Article 48 (1) of the Water
Environment Conservation Act) and additional surcharges;
8. Fees for the use of hunting grounds prescribed in Article 50 of
the Wildlife Protection and Management Act;
9. Cooperation charges on the conservation of ecosystem prescribed
in Article 46 of the Natural Environment Conservation Act and additional
charges prescribed in Article 48 of that Act;
9-2. Waste disposal charges and additional charges prescribed in
Article 21 of the Framework Act on Resources Circulation;
10. Waste charges and additional charges prescribed in Article 12 of
the Act on the Promotion of Saving and Recycling of Resources; recycling dues
and additional charges prescribed in Article 19 of that Act; and the principal
and interest on loans provided as a part of assistance prescribed in Article 20
of that Act;
11. Recycling charges for electrical and electronic equipment
prescribed in Article 18, collection charges for electrical and electronic
equipment prescribed in Article 18-2, and additional charges prescribed in
Article 18-3, of the Act on Resource Circulation of Electrical and Electronic
Equipment and Vehicles;
12. Guarantee for the performance of follow-up management prescribed
in Article 51 of the Wastes Control Act and advance reserves prescribed in
Article 52 of that Act;
13. Fees prescribed in Article 23 of the Act on the Transboundary
Movement of Hazardous Wastes and Their Disposal;
14. Environmental improvement charges and additional charges
prescribed in Articles 9 and 20 of the Environment Improvement Cost Liability
Act;
15. Principal and interest on loans prescribed in Article 11 of the
Environment Improvement Cost Liability Act;
16. Penalty surcharges prescribed in Article 12 of the Act on
Control and Aggravated Punishment of Environmental Offenses;
17. Principal and interest on loans prescribed in Article 47 (1) 14;
18. Transfers from general accounts under Article 48;
19. Borrowings prescribed in Article 49 (1) and (2);
20. Surplus of the account at closing prescribed in Article 51;
21. Transfers and deposits from other special accounts or other
funds;
22. Proceeds transferred to the account prescribed in other Acts;
23. Proceeds from the sale or management of property belonging to
the account;
24. Other proceeds accruing from the management and operation of
environmental improvement projects.
Article 47 (Expenditures from Account)
(1) Expenditures
from the account shall be as follows: Provided, That financial resources
consisting of the charges for water quality improvement and additional charges
under subparagraph 4 of Article 46 shall be used only for the purpose of
subparagraph 3; financial resources consisting of the charges for the
installation of public wastewater treatment facilities and additional charges
under subparagraph 7 of that Article and fees for the use of public wastewater
treatment facilities and additional charges under subparagraph 7-3 of that
Article, only for the purpose of subparagraph 4; financial resources consisting
of the cooperation charges on the conservation of ecosystem and additional
charges under subparagraph 9 of that Article, only for the purpose of
subparagraph 6; financial resources consisting of the waste disposal charges
and additional charges under subparagraph 9-2 of that Article, only for the
purpose of subparagraph 6-2; financial resources consisting of the waste
charges, recycling dues, and additional charges under subparagraph 10 of that
Article, only for the purpose of subparagraph 7; financial resources consisting
of the recycling charges and additional charges under subparagraph 11 of that
Article, only for the purpose of subparagraph 8; financial resources consisting
of the guarantee for the performance of follow-up management and advance
reserves under subparagraph 12 of that Article, only for the purpose of
subparagraph 9; and financial resources consisting of the environmental
improvement charges and additional charges under subparagraph 14 of that
Article, only for the purpose of subparagraph 12, respectively:
1. Projects to improve the national environment;
2. Support for the environmental improvement projects by local
governments;
2-2. Deleted;
3. The purposes under Articles 31 (7) and 33 of the Drinking Water
Management Act;
4. Expenditure to cover expenses needed for the installation or operation
of public wastewater treatment facilities by the State under Article 48 (1) of
the Water Quality and Aquatic Ecosystem Conservation Act;
5. The use under each subparagraph of Article 58 of the Wildlife
Protection and Management Act;
6. The use under Article 49 of the Natural Environment Conservation
Act;
6-2. The use under Article 22 of the Framework Act on Resources
Circulation;
7. The usage under Article 20 of the Act on the Promotion of Saving
and Recycling of Resources;
8. The use under Article 19 of the Act on Resource Circulation of
Electrical and Electronic Equipment and Vehicles;
9. The purposes of use under Article 53 of the Wastes Control Act;
10. The reimbursement of expenses incurred, by the State, in
performing its responsibilities under Article 4 of the Act on the Transboundary
Movement of Hazardous Wastes and Their Disposal and in conducting the vicarious
execution under Article 21 of that Act;
11. Contributions to reimburse the project expenses and operational
expenses incurred by the Korea Environment Corporation established under the
Korea Environment Corporation Act (hereinafter referred to as the “Korea
Environment Corporation”);
12. The use under Article 11 of the Environmental Improvement Cost
Liability Act;
13. The payment of monetary rewards under Article 15 of the Act on
Control and Aggravated Punishment of Environmental Offenses;
14. Redemption of the principal and interest on loans, borrowings,
and deposits under subparagraphs 1, 19, and 21 of Article 46;
15. Provision of loans needed by local governments for the
installation of environmental infrastructure or needed in the private sector
for the installation of environmental pollution prevention facilities or for
the installation of and technology development for low-polluting product
manufacturing facilities;
16. Support for the private sector regarding environmental policy
research, technology development, publicity activities, investigations and
research, and environment research institutes;
17. Reimbursement of expenses for collection of the account revenue;
18. Other costs incurred in operating the accounts.
(2) Matters
regarding the eligible persons, and conditions of and procedures for loans
provided pursuant to paragraph (1) 7, 12, and 15 shall be determined and
publicly notified by the Minister of Environment. In such cases, the interest
rates and terms for loans shall be determined by the Minister of Environment in
consultation with the Minister of Economy and Finance.
(3) Performance
of affairs concerning the loans under paragraph (1) 7, 12 and 15 may be
entrusted to the Korea Environment Corporation or the Korea Environmental
Industry and Technology Institute established under the Korea Environmental
Industry and Technology Institute Act.
Article 48 (Transfers from General Accounts)
Transfers may be
made from the general account to the account, as provided in the budget, so
that the account can secure financial resources available for its expenditure.
Article 49 (Loans)
(1) If the
account is in need of financial resources available for its expenditure,
long-term borrowings may be made for the account within the limits of the
amount of money determined by a resolution of the National Assembly.
(2) If the
account is temporarily in need of its working funds, temporary borrowings may
be made for the account.
(3) The principal
of the temporary loans under paragraph (2) and interest thereon shall be paid
off within the pertinent fiscal year.
Article 50 (Carry-forward of Expenditure Budget)
The expenditure
budget of the account not spent during the fiscal year for which such budget is
earmarked may be carried forward to the next fiscal year, notwithstanding
Article 48 of the National Finance Act.
Article 51 (Disposal of Surplus)
Any surplus
remaining after the closing of accounts shall be appropriated as the revenues
of the following year.
Article 52 (Reserve Funds)
The account may
include a considerable sum of money in its expenditure budget as a reserve fund
to cover any unexpected expenditures not included in the appropriated budget or
any expenditures exceeding the appropriated budget.
Article 53 (Direct Use of Excess Revenues)
(1) If there are
any emission dues, discharge imposition amounts, penalty surcharges for release
in excess of the total volume and additional charges under subparagraphs 3 and
6 of Article 46, any charges for water quality improvement and additional
charges under subparagraph 4 of that Article, any charges for the installation
of public wastewater treatment facilities and additional charges under
subparagraph 7 of that Article, fees for the use of public wastewater treatment
facilities and additional charges under subparagraph 7-3 of that Article, and
any environmental improvement charges and additional charges under subparagraph
14 of that Article that exceed or are expected to exceed the revenue budget of
the account (hereinafter referred to as “excess revenues”), the Minister of
Environment may directly use such excess revenues to reimburse expenses for
collection of the emission dues and discharge imposition amounts exceeding the
expenditure budget of the account, charges for water quality improvement and
additional charges under Article 31 (7) of the Drinking Water Management Act,
expenses for collection of charges for water quality improvement, expenses for
the installation or operation of public wastewater treatment facilities, and
expenses for collection of environmental improvement charges, respectively.
(2) If the
Minister of Environment intends to use any excess revenues under paragraph (1),
he or she shall obtain approval in advance from the Minister of Strategy and
Finance.
(3) If the
Minister of Environment intends to obtain approval under paragraph (2), he or
she shall prepare a specification stating the reasons therefor and necessary
amounts of money and submit it to the Minister of Economy and Finance.
(4) If the
Minister of Economy and Finance approves the use of excess revenues under
paragraph (2), he or she shall notify the Minister of Environment and the Board
of Audit and Inspection of such fact.
CHAPTER III LEGISLATIVE AND FINANCIAL
MEASURES
Article 54 (Legislative Measures)
The State and local
governments shall take legislative and financial measures and other
administrative measures necessary for implementing the policies for
environmental conservation.
Article 55 (Financial Support to Local Governments)
(1) The State may
reimburse from the national treasury all or some of the expenses required for
environmental conservation projects of local governments.
(2) In order to
enhance the capability of local governments to manage the environment and to
promote environment-friendly local administration, the Minister of Environment
may designate a local government as a model for environmental management and
take measures necessary for supporting it.
Article 56 (Support for Business Entities’ Environmental Management)
(1) The State and
local governments may take any tax measures and grant other financial supports
necessary for supporting the installation and operation of facilities for the
environmental conservation conducted by business entities.
(2) The State and
local governments may grant administrative and financial supports necessary for
the settlement and expansion of systems for voluntary environmental management
under which business entities endeavor toward the voluntary management of the
environment.
Article 57 (Financial Support for Research, Studies and Technology
Development)
The State and local
governments may grant financial supports necessary for scientific research and
studies and technology development related to environmental conservation.
CHAPTER IV ENVIRONMENTAL POLICY
COMMITTEE
Article 58 (Environmental Policy Committee)
(1) The Minister
of Environment may establish a Central Environmental Policy Committee that
deliberates and gives advice on the following matters:
1. Matters concerning the formulation and modification of a
comprehensive national environmental plan under Article 14;
1-2. Matters concerning the adjustment of a comprehensive national
environmental plan under Article 16-2;
2. Matters concerning environmental standards, permissible emission
levels for pollutants, water quality standards for discharged water, etc.;
3. Matters concerning the designation of a special measures area and
the establishment of special comprehensive measures prescribed in Article 38;
4. Matters concerning basic plans for the management of livestock
excreta prescribed in Article 5 of the Act on the Management and Use of
Livestock Excreta and other basic policies for the disposal and recycling of
livestock excreta;
5. Matters concerning basic plans for encouraging the purchase of
green products prescribed in Article 4 of the Act on the Promotion of Purchase
of Green Products and other basic policies to encourage the purchase of green
products;
6. Matters concerning master plans for the control of persistent
pollutants prescribed in Article 5 of the Persistent Pollutants Control Act and
other basic policies to control persistent pollutants;
7. Matters concerning master plans for the development of
environmental examination and inspection prescribed in Article 3 of the
Environmental Testing and Inspection Act and other basic policies regarding the
fields of environmental examination, inspection and environmental technology;
8. Matters concerning the formulation of the standards for the
contents of hazardous substances, the improvement of materials and structure,
mandatory recycling rates, etc. prescribed in Articles 9 (1), 10 (1) and (2),
12 (3), 16 (1) and 25 (1) of the Act on Resource Circulation of Electrical and
Electronic Equipment and Vehicles;
8-2. Matters concerning best available techniques prescribed in
Article 24 (1) of the Act on the Integrated Control of Pollutant-Discharging
Facilities and the standard for best available techniques prescribed in
paragraph (2) of that Article;
8-3. Matters concerning the master plans and development plans for
green convergence clusters under Articles 6 and 9 of the Act on the Creation
and Fostering of Green Convergence Clusters;
9. Matters concerning the formulation and modification of any master
plans and measures for environmental conservation by specific areas including
environmental policy, natural environment, climate and air, water, water supply
and sewerage, natural circulation and global environment, and other matters on
which the chairperson of the Central Environmental Policy Committee or of any
subcommittee thereof requests the Central Environmental Policy Committee to
deliberate or advise.
(2) In order to
deliberate and advise on any regional environmental policy, a City/Do
environmental policy committee shall be set up under the jurisdiction of a
Mayor/Do Governor, and a Si/Gun/Gu environmental policy committee may be set up
under the jurisdiction of the head of a Si/Gun/Gu.
(3) The Central
Environmental Policy Committee prescribed in paragraph (1) shall consist of up
to 200 members, including the chairperson thereof and not more than 10 chairpersons
of subcommittees in consideration of the gender.
(4) The Central
Environmental Policy Committee prescribed in paragraph (3) shall be co-chaired
by the Minister of Environment and a person elected from among such Committee
members who are commissioned by the Minister of Environment from the private
sector, and the chairpersons of subcommittees shall be persons who are
nominated by the Minister of Environment by specific areas of environmental
management including environmental policy, natural environment, climate and
air, water, water supply and sewerage, and resource circulation.
(5) Matters
necessary for the constitution and operation of the Central Environmental
Policy Committee prescribed in paragraph (1) shall be prescribed by
Presidential Decree, and other matters necessary for the constitution,
operation, etc. of City/Do environmental policy committees and Si/Gun/Gu
environmental policy committees prescribed in paragraph (2) shall be prescribed
by ordinances of the relevant Cities/Dos and Sis/Guns/Gus.
Article 59 (Korea Environmental Conservation Institute)
(1) For purposes
of maintaining pleasant environments and contributing to the improvement of
citizens' life by efficiently conducting any research, studies, technology development,
education, publicity, ecosystem restoration, etc. regarding environmental
conservation, the Korea Environmental Conservation Institute (hereinafter
referred to as the “Institute”) shall be established.
(2) The Institute
shall be a corporation.
(3) The State and
local governments may provide contributions or subsidies to cover expenses
incurred in the operation and programs of the Institute within the budget.
(4) Funds
necessary for the operation and programs of the Institute shall be appropriated
from contributions and subsidies referred to in paragraph (3), revenues and
fees relating to the programs referred to in the subparagraphs of paragraph
(5), donations from persons other than the Government, loans, and other
financial resources prescribed by the articles of incorporation. In such cases,
matters necessary for the payment, management, and use of contributions or
subsidies shall be prescribed by Presidential Decree.
(5) The Institute
may, upon entrustment by the State, local governments, or other persons
(hereinafter referred to as the "State, etc."), conduct the following
programs:
1. Environmental education programs for environmental engineers and
others and programs to strengthen and support environmental education of the
State and local governments;
2. Water environment conservation programs, such as the management
and utilization of purchased land, etc. by river system for the improvement of
water quality and the restoration of waterside ecosystems, and the
investigation of water quality and flow;
3. Programs to restore damaged natural environments and ecosystems;
4. Programs for measuring, investigating, inspecting, evaluating,
and researching environmental pollution;
5. Programs for diagnosing, improving, or supporting facilities,
etc. for the prevention of environmental pollution;
6. Public relations and domestic and international exchange,
cooperation, and support programs regarding environmental conservation or
climate change;
7. Programs that may be performed by the Institute under other
statutes or regulations or those entrusted by the State, etc.;
8. Other programs prescribed by Presidential Decree to achieve the
objectives of the establishment of the Institute or programs incidental to
those referred to in subparagraphs 1 through 7 as prescribed by the articles of
incorporation.
(6) The Minister
of Environment shall guide and supervise the operation, programs, etc. of the
Institute and submit a business plan, budget, program performance, and the
closing of accounts for each fiscal year to the Minister of Environment, as
prescribed by Presidential Decree.
(7) The president
of the Institute shall be a full-time executive officer appointed by the
Minister of Environment, who represents the Institute, have general supervision
and control of its affairs and employees.
(8) Matters
regarding the appointment, dismissal, etc. of executive officers and employees,
other than the president of the Institute, shall be prescribed by the articles
of incorporation.
(9) No person,
other than the Institute under this Act, shall use the name "Korea
Environmental Conservation Institute" or any similar name.
(10) Except as
provided in this Act, the provisions of the Civil Act governing incorporated
foundations shall apply mutatis mutandis to the Institute.
CHAPTER V SUPPLEMENTARY PROVISIONS
Article 60 (Delegation and Entrustment of Authority)
(1) The authority
of the Minister of Environment provided in this Act may be delegated in part to
Mayors/Do Governors or to the heads of regional environmental agencies, as
prescribed by Presidential Decree.
(2) The Minister
of Environment may entrust the heads of relevant specialized institutions with
some of his or her services provided in this Act, as prescribed by Presidential
Decree.
Article 61 (Legal Fiction as Public Officials for Purposes of
Applying Penalty Provisions)
A person who
performs affairs entrusted pursuant to Article 60 (2) shall be deemed a public
official for purposes of applying Articles 129 through 132 of the Criminal Act.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into one year after the date of its promulgation.
Article 2 (Repeal of Other Acts)
The Act on
Special Accounts for Environmental Improvement is hereby repealed.
Article 3 (General Transitional Measures)
Any
designation, publication or other act done by or any act done in relation to an
administrative agency under the previous provisions as at the time when this
Act enters into force shall be deemed any designation, publication or other act
done by or any act done in relation to an administrative agency under this Act.
Article 4 (Transitional Measures concerning Special Accounts for
Environmental Improvement)
Any
special account for environmental improvement established pursuant to the Act
on Special Accounts for Environmental Improvement repealed by the enforcement
of this Act shall be deemed any special account for environmental improvement
under this Act.
Article 4-2 (Transitional Measures concerning Transfer from General
Account to Special Account for Environmental Improvement)
Notwithstanding
the amended provisions of Article 48, the traffic, energy and environment tax
shall be transferred in accordance with the following until December 31, 2021:
1. The
Government shall transfer an amount corresponding to 250/1000 of the traffic,
energy and environment tax prescribed in the Traffic, Energy and Environment
Tax Act (hereinafter referred to as “amount transferred from the traffic,
energy and environment tax”) every fiscal year from the general account to the
special account for environmental improvement;
2. Any
transfer may be made from the general account to the special account for
environmental improvement, as provided in the budget excluding the amounts
transferred from the traffic, energy and environment tax, so that the special
account can secure financial resources available for its expenditure;
3. If
there is any difference between the estimated amount and amount at closing with
regard to amounts transferred from the traffic, energy and environment tax,
such difference shall be adjusted by appropriating it in the budget for the
next settlement year.
Article 5 Omitted.
Article 6 (Relationships with other Acts)
As at the
time when this Act enters into force, references in other statutes to the
provisions of the previous Framework Act on Environmental Policy or to the Act
on Special Accounts for Environmental Improvement or the provisions thereof, if
this Act includes any provisions corresponding thereto, shall be deemed
references to this Act or the corresponding provisions thereof in lieu of the
previous provisions.
ADDENDA
Article 1 (Enforcement Date)
This
Decree shall enter into force three months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into one year after the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force one year after the date of its promulgation. (Proviso
Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM
This Act shall enter into force on
July 22, 2012.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force on January 1, 2013.
Articles 2 and 3 Omitted.
ADDENDUM
This Act shall enter into force on the
date of its promulgation: Provided, That the amended provisions of subparagraph
3-3 of Article 46 and subparagraph 2-2 of Article 47 (1) shall enter into force
on January 1, 2015.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force on January 1, 2014. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This
Article shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This
Decree shall enter into force three months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into one year after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA
This Act shall enter into force on
January 1, 2016.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force on Dec. 31, 2015.
Article 2 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force on January 1, 2017.
Articles 2 through 5 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force on the date of its promulgation: Provided, That the
proviso to the main body of Article 11 (1) and the amended provisions of
Articles 13, 14 (5) and (6), 16-2, 40 and 40-2 shall enter into force six
months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force on the date of its promulgation: Provided, That the
amended provisions of Articles 13, 14 (5) and (6), 43, and 43-2 shall enter
into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force one year after the date of its promulgation. (Proviso
Omitted.)
Articles 2 through 12 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force on the date of its promulgation: Provided, That the
amended provisions of Articles 13, 14 (5) and (6), 40, and 40-2 shall enter
into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force on the date when the Minamata Convention becomes
effective in the Republic of Korea.
Articles 2 through 5 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force on the date of its promulgation: Provided, That the
amended provisions of Articles 8-5, 29 and 29-2 shall enter into force six
months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM
This Act shall enter into force six
months after the date of its promulgation: Provided, That the amended
provisions of Article 12 (1) shall enter into force on the date of its
promulgation.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force on January 1, 2018.
Articles 2 and 3 Omitted.
ADDENDUM
This Decree shall enter into force
three months after the date of its promulgation.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into one year after the date of its promulgation: Provided, That
the amended provisions of any Act, which is amended pursuant to Article 6 of
the Addenda and promulgated before this Act enters into force but the enforcement
date of which has yet to arrive, shall enter into force on the enforcement date
of such Act.
Articles 2 through 7 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force on January 1, 2019.
Article 2 Omitted.
ADDENDUM
This Article shall enter into force
six months after the date of its promulgation.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force one year after the date of its promulgation. (Proviso
Omitted.)
Articles 2 through 10 Omitted.
ADDENDUM
This Article shall enter into force
six months after the date of its promulgation.
ADDENDUM
This Act shall enter into force on
January 1, 2020.
ADDENDUM
This Act shall enter into force on the
date of its promulgation. (Proviso Omitted.)
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force six months after the date of its promulgation. (Proviso
Omitted.)
Articles 2 through 11 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Comprehensive National Environmental
Plan)
The
amended provisions of Article 15 shall begin to apply to the formulation or
modification of a comprehensive national environmental plan under Article 14 or
the adjustment thereof under Article 16-2 (1) after this Act enters into force.
Article 3 (Transitional Measures concerning Formulation of City/Do
Environmental Plans and Si/Gun/Gu Environmental Plans)
A City/Do
environmental conservation plan and a Si/Gun/Gu environmental conservation plan
formulated under the previous provisions as at the time this Act enters into
force shall be deemed a City/Do environmental plan and a Si/Gun/Gu
environmental plan formulated under the amended provisions of Articles 18, 18-2,
19, and 19-2, respectively.
Article 4 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force six months after the date of its promulgation. (Proviso
Omitted.)
Articles 2 through 10 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force on January 1, 2022.
Article 2 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act
shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Korea Environmental
Preservation Association)
(1) The
Korea Environmental Preservation Association established under the previous
provisions as at the time this Act enters into force shall be deemed the Korea
Environmental Conservation Institute established under this Act, and shall be
deemed dissolved simultaneously with the establishment of the Korea
Environmental Conservation Institute, notwithstanding the provisions of the
Civil Act governing the dissolution and liquidation of corporations.
(2) The
conduct of the Korea Environmental Preservation Association and other legal
relations as at the time this Act enters into force shall be deemed done by the
Korea Environmental Conservation Institute.
(3) The
name of the Korea Environmental Preservation Association on the register and
other public records as at the time this Act enters into force shall be deemed
the name of the Korea Environmental Conservation Institute.
(4) The
property, rights, and obligations of the Korea Environmental Preservation
Association as at the time this Act enters into force shall be comprehensively
taken over by the Korea Environmental Conservation Institute at the same time
the Korea Environmental Conservation Institute is established. In such cases,
the value of the property the Korea Environmental Conservation Institute has
succeeded to shall be the book value as at the time the Korea Environmental
Preservation Association acquires such property.
(5)
Executive officers or employees of the Korea Environmental Preservation
Association as at the time this Act enters into force shall be deemed selected
or appointed as executive officers or employees of the Korea Environmental
Conservation Institute. In such cases, the term of office of the executive officer
shall be counted from the date he or she was appointed as an executive officer
of the Korea Environmental Preservation Association.
Article 3 Omitted.
Article 4 (Relationship to Other Statutes or Regulations)
[Source: Korea Law Translation Center, https://elaw.klri.re.kr/kor_service/lawView.do?hseq=60971&lang=ENG]