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Sustainable Development

Korea's Recent Environmental Laws, Reports, and Press Releases based on KEI Research

Act On The Integrated Control Of Pollutant-Discharging Facilities
  • Date2024-03-19 16:32
  • TypeLaw
  • View248

Act No. 13603, Dec. 22, 2015

Lastly Amended by Act No. 16618, Aug. 16, 2023




CHAPTER I GENERAL PROVISIONS


Article 1 (Purpose)

The purpose of this Act is to promote the development of environmental technology and protect people's health and environment by integrating the control of pollutant-discharging facilities so as to effectively reduce pollutants produced from each business establishment and by establishing a system under which best techniques for environmental control can be applied to meet conditions of each business establishment.


Article 2 (Definitions)

The terms used in this Act are defined as follows:

1. The term "pollutants, etc." means the following substances, etc. that cause environmental pollution:

   (a) Air pollutants defined in subparagraph 1 of Article 2 of the Clean Air Conservation Act;

   (b) Volatile organic compounds defined in subparagraph 10 of Article 2 of the Clean Air Conservation Act;

   (c) Fugitive dust defined in Article 43 (1) of the Clean Air Conservation Act;

   (d) Noise and vibration defined in subparagraphs 1 and 2 of Article 2 of the Noise and Vibration Control Act;

   (e) Water pollutants defined in subparagraph 7 of Article 2 of the Water Environment Conservation Act;

   (f) Malodor defined in subparagraph 1 of Article 2 of the Malodor Prevention Act;

   (g) Persistent organic pollutants defined in subparagraph 1 of Article 2 of the Persistent Organic Pollutants Control Act;

   (h) Soil contaminants defined in subparagraph 2 of Article 2 of the Soil Environment Conservation Act;

   (i) Wastes defined in subparagraph 1 of Article 2 of the Wastes Control Act;

2. The term "discharging facilities, etc." means the following facilities, machines, systems that discharge pollutants, etc.:

   (a) Facilities discharging volatile organic compounds, as defined in subparagraph 10 of Article 2 of the Clean Air Conservation Act;

   (b) Facilities emitting air pollutants, as defined in subparagraph 11 of Article 2 of the Clean Air Conservation Act;

   (c) Facilities emitting fugitive air pollutants, as defined in Article 38-2 (1) of the Clean Air Conservation Act;

   (d) Businesses that produce fugitive dust, as defined in Article 43 (1) of the Clean Air Conservation Act;

   (e) Facilities making noise or vibration, as defined in subparagraph 3 of Article 2 of the Noise and Vibration Control Act;

   (f) Non-point pollution sources defined in subparagraph 2 of Article 2 of the Water Environment Conservation Act;

   (g) Facilities discharging wastewater, as defined in subparagraph 10 of Article 2 of the Water Environment Conservation Act;

   (h) Facilities emitting malodor, as defined in subparagraph 3 of Article 2 of the Malodor Prevention Act;

    (i) Discharging facilities defined in subparagraph 2 of Article 2 of the Persistent Organic Pollutants Control Act;

    (j) Specified facilities subject to the control of soil contamination, as defined in subparagraph 4 of Article 2 of the Soil                      Environment Conservation Act;

   (k) Facilities specified by Ordinance of the Ministry of Environment, among waste disposal facilities defined in subparagraph 8 of           Article 2 of the Wastes Control Act;

3. The term "prevention facilities" means the prevention facilities specified by Ordinance of the Ministry of Environment as those that eliminate or reduce pollutants, etc. from discharging facilities, etc.


Article 3 (Responsibilities of the State)

(1) The State shall formulate and implement policies necessary for systematic control of discharging facilities, etc. in the business establishments subject to integrated control under Article 6 (1) and prevention facilities and for the prevention of environmental pollution caused by such facilities.

(2) The State shall create conditions necessary for promoting the development of the best available techniques under Article 24 (1) and for easily applying such techniques to industrial activities.

(3) The State shall formulate policies, etc. necessary for education on integrated environmental control under Articles 21-2 (3) and 21-4.

[Enforcement Date: Jan. 1, 2025] Of the amended provisions of Article 3 (3) if the business operator is a small or medium entrepreneur provided in the subparagraphs of Article 2 (1) of the Framework Act on Small and Medium Enterprises.


Article 4 (Relationship to Other Statutes)

(1) With regard to the permission for, the control of, etc. of discharging facilities, etc. in the business establishments subject to integrated control under Article 6 and prevention facilities, this Act shall take precedence over the Clean Air Conservation Act, the Noise and Vibration Control Act, the Water Environment Conservation Act, the Malodor Prevention Act, the Persistent Organic Pollutants Control Act, the Soil Environment Conservation Act, and the Wastes Control Act.

(2) Article 40 (1) of the Clean Air Conservation Act, Article 47 (1) of the Water Environment Conservation Act, or Article 19 (1) of the Noise and Vibration Control Act shall not apply to business operators obligated to appoint an integrated environmental manager under Article 21-2 (1).


CHAPTER II PERMISSION FOR DISCHARGING FACILITIES 

IN BUSINESS ESTABLISHMENTS SUBJECT TO INTEGRATED CONTROL


Article 5 (Ex-Ante Consultation)

(1) A person who intends to apply for permission or permission for modification under Article 6 may apply for ex-ante consultation to the Minister of Environment with regard to the following matters:

   1. Matters concerning a plan for the installation of discharging facilities, etc. and prevention facilities;

   2. Matters concerning the establishment of standards for permissible discharges under the former part of Article 8 (1);

   3. Other matters specified by Ordinance of the Ministry of Environment.

(2) The Minister of Environment shall examine whether the application filed pursuant to paragraph (1) meets the criteria for permission under Article 7 (1) and then notify the applicant of the results of examination, as prescribed by Ordinance of the Ministry of Environment.

(3) If the applicant who has been notified of the results of ex-ante consultation under paragraph (2) wishes to obtain permission or permission for modification under Article 6, reflecting the results therein, he or she shall apply for the permission or permission for modification within the period specified by Ordinance of the Ministry of Environment.

(4) Except as provided in paragraphs (1) through (3), matters necessary for the procedure, method, etc. for applying for ex-ante consultation shall be prescribed by Ordinance of the Ministry of Environment.


Article 6 (Integrated Permission)

(1) A person who intends to install and operate discharging facilities, etc. (limited to discharging facilities, etc. required to obtain permission or approval or to file a report according to the classification under the subparagraphs of Article 10 (1)) in any of the following business establishments, among the business establishments engaged in the types of business prescribed by Presidential Decree as having a significant environmental impact, shall obtain permission from the Minister of Environment. In such cases, the time of application for each type of business prescribed by Presidential Decree may be specified in phases, considering the progress of preparation for the standards for best available techniques under Article 24 (2):

   1. A business establishment that discharges at least 20 tons, per year, of the air pollutants specified by Ordinance of the                  Ministry of Environment, among the air pollutants defined in subparagraph 1 (a) of Article 2;

   2. A business establishment that discharges at least 700 cubic meters, per day, of wastewater defined in subparagraph 4 of              Article 2 of the Water Environment Conservation Act.

(2) If a person who obtains permission granted under paragraph (1) intends to modify any of the important matters specified by Presidential Decree among the permitted matters, he or she shall obtain permission for modification: Provided, That, if a person intends to modify any of the matters specified by Presidential Decree among the matters not included in the matters for which permission for modification has been granted or modifies any of the matters specified by Presidential Decree, he or she shall file a report on modification.

(3) When the Minister of Environment grants permission under paragraph (1) or permission for modification under paragraph (2), he or she may attach conditions thereto as necessary for minimizing the impact on people's health or environment (hereinafter referred to as "conditions of permission"). In such cases, if a person who installs and operates discharging facilities, etc. violates any of the following orders to prevent environmental pollution or reduce or remove pollutants issued by the State or the local government or fails to comply with the relevant order, the details related to the compliance with the order may be included in conditions of permission:

   1. An order to remediate contaminated soil under Article 15 (3) of the Soil Environment Conservation Act;

   2. An order to take measures for preventing the pollution of groundwater under Article 16 (2) of the Groundwater Act;

   3. An order to prevent environmental pollution and remove pollutants, which is prescribed by Presidential Decree.

(4) A person who intends to apply for permission under paragraph (1) or permission for modification under paragraph (2) or who intends to file a report on modification shall file an application or a report with the Minister of Environment, along with a plan for integrated environmental control, including the following matters (limited to the modified matters, among the following matters, in cases of permission for modification, or the modified matters, among the matters specified in subparagraphs 1, 3, 4, and 6, in cases of a report on modification), as prescribed by Ordinance of the Ministry of Environment:

   1. A plan for the installation and operation of discharging facilities, etc. and prevention facilities;

   2. Results of an analysis conducted to assess the impact of pollutants, etc. from discharging facilities, etc. on the surrounding          environment, as prescribed by Ordinance of the Ministry of Environment;

   3. A plan for ex-post monitoring, maintenance, and management;

   4. Preventive measures and ex-post countermeasures against environmental pollution accidents;

   5. Details of results of ex-ante consultation, reflected in the application under Article 5 (2) (limited to where an applicant who has        been notified of results of ex-ante consultation under Article 5 (3) applies for permission or permission for modification,                reflecting the results of the consultation in the application);

   6. Matters specified by Ordinance of the Ministry of Environment, in addition to the matters specified in subparagraphs 1 through 5.

(5) Upon receipt of a report on modification under the proviso of paragraph (2), the Minister of Environment shall review of the details thereof and accept such report if it conforms to this Act.

(6) A person who intends to install and operate, or has installed and operates, discharging facilities, etc. (limited to discharging facilities, etc. that need the permission, approval, or reporting according to the classification under each subparagraph of Article 10 (1)) in a business establishment for any of the types of business specified by Presidential Decree pursuant to paragraph (1), among the business establishments not subject to integrated control, may apply for the permission under paragraph (1). In such cases, the relevant provisions of this Act shall apply to such a business establishment, deeming it a business establishment subject to integrated control.

(7) The matters prescribed by Presidential Decree may be excluded from the matters that a person who applies for the permission under paragraph (1) in accordance with paragraph (6) shall include in the plan for integrated environmental control under paragraph (4).

(8) A person who intends to apply for permission under paragraph (1) or who intends to apply for permission for modification or to file a report on modification under paragraph (2) may allow a person who has filed for registration of agency business for integrated permission pursuant to Article 11-2 (1) to prepare a plan for integrated environmental control under paragraph (4) and related documents (hereinafter referred to as "documents, etc. for integrated permission") on his or her behalf.

(9) Matters necessary for the methods, procedures, etc. for preparation, submission, etc. of a plan for integrated environmental control under paragraph (4) shall be prescribed by Ordinance of the Ministry of Environment.


Article 7 (Criteria for Permission)

(1) When the Minister of Environment intends to issue permission or permission for modification under Article 6, he or she shall examine whether the following criteria for permission are met:

   1. The pollutants, etc. discharged from discharging facilities, etc. shall be controlled to a level not higher than the level specified           for permissible discharges under the former part of Article 8 (1);

   2. Discharging facilities, etc. shall be installed or operated to prevent them from seriously affecting people's health or environment;

   3. An appropriate policy shall be formulated to take preventive measures and ex-post countermeasures so as to prevent                  pollutants from affecting people's health or environment, if pollutants caused by an environmental pollution accident are                 discharged or leaked to the environs of the relevant business establishment.

(2) If the Minister of Environment deems it necessary to modify or amend a document submitted under Article 6 (4) as a result of the examination under paragraph (1), he or she may request the person who has submitted the document to modify or amend it, as prescribed by Ordinance of the Ministry of Environment.

(3) The Minister of Environment shall notify the person who has submitted the document under Article 6 (4) of the results of the examination under paragraph (1), as prescribed by Ordinance of the Ministry of Environment. In such cases, when the person has any opinion, he or she may present the opinion to the Minister of Environment within 30 days.

(4) The Minister of Environment shall notify the person who has submitted the document of the results of his or her review on the opinion presented under the latter part of paragraph (3) within ten days after the day on which the opinion is presented: Provided, That the deadline may be extended by not more than 10 days only once, if it is impracticable to give such notice by the deadline due to any unavoidable cause.

(5) The Minister of Environment shall examine whether discharging facilities, etc. installed in a business establishment subject to integrated control within an area subject to restriction on the installation of discharging facilities under Article 23 (6) of the Clean Air Conservation Act or Article 33 (7) of the Water Environment Conservation Act meet all the following criteria, in addition to the criteria for permission under paragraph (1):

   1. Standards for permissible discharges under the former part of Article 8 (1) shall be strictly established and implemented, as            prescribed by Ordinance of the Ministry of Environment, so as to attain the targeted level of environmental control for                  maintaining and improving environmental levels;

   2. It shall be acknowledgeable that residents' health and property can be protected by observing the standards, etc. for the              installation, maintenance, and management of the facilities specified by Presidential Decree so that the emission of pollutants,         etc. to the outside of the facilities can be blocked.

(6) Notwithstanding paragraph (5), the Minister of Environment shall not issue permission or permission for modification under Article 6 for the installation of discharging facilities, etc. in any of the following areas where the installation of discharging facilities, etc. is restricted by any other statute:

   1. A water-source protection area designated under Article 7 (1) of the Water Supply and Waterworks Installation Act;

   2. An area where the establishment of a factory is restricted under Article 7-2 (1) of the Water Supply and Waterworks                    Installation Act;

   3. A special measures area defined by Article 38 of the Framework Act on Environmental Policy;

   4. Areas publicly notified by the Minister of Environment after consulting with the heads of relevant central administrative agencies,        in addition to the areas specified in subparagraphs 1 through 3.


Article 8 (Permissible Discharge Standards)

(1) When the Minister of Environment intends to issue permission or permission for modification under Article 6, he or she shall establish permissible discharge standards, which shall not be higher than the maximum discharge standards under Article 24 (4). In such cases, the methods and procedure for establishing permissible discharge standards shall be prescribed by Ordinance of the Ministry of Environment.

(2) When the Minister of Environment establishes permissible discharge standards under paragraph (1), he or she may consider the following matters:

   1. Environmental standards under Article 12 (1) of the Framework Act on Environmental Policy (including local environmental              standards under Article 12 (3) of that Act);

   2. The targeted environmental quality reflected in the environmental plan of each City/Do and the environmental plan of each              Si/Gun/Gu under Articles 18 and 19 of the Framework Act on Environmental Policy;

   3. The current status of pollution of air and water and of the use of river systems in the area in which discharging facilities, etc.          are to be installed;

   4. The targeted level of environmental quality specified by Ordinance of the Ministry of Environment, in addition to the matters            specified in subparagraphs 1 through 3.

(3) Any person who possesses permission or permission for modification issued under Article 6 or has filed a report on modification (hereinafter referred to as "business operator") shall not discharge pollutants in excess of permissible discharge standards when he or she installs and operates discharging facilities, etc. In such cases, the standards for determining whether pollutants discharged exceed the permissible discharge standards shall be prescribed by Ordinance of the Ministry of Environment, considering the concentration of discharged pollutants, etc., methods for measuring concentrations of discharges, etc.


Article 9 (Amendment of Conditions of Permission and Permissible Discharge Standards)

(1) In cases specified by Presidential Decree as deemed necessary to review and amend conditions of permission under Article 6 (3) or permissible discharge standards at an interval of five years after granting permission under Article 6, the Minister of Environment may amend the conditions of permission or the permissible discharge standards after hearing opinions of business operators. In such cases, the permissible discharge standards may be amended only where the maximum discharge standards under Article 24 (4) are amended.

(2) Where a business operator applies for permission for modification (limited to permission for modification of the matters prescribed by Presidential Decree, such as an increase of pollutants produced or discharged by a certain amount; hereafter in this paragraph the same shall apply), the Minister of Environment may, notwithstanding paragraph (1), review and amend the existing conditions of permission or the existing permissible discharge standards and may review and amend such conditions of permission or such permissible discharge standards every five years from the date permission for modification is obtained. In such cases, paragraph (1) shall apply mutatis mutandis to the requirements, procedures, etc. for amending conditions of permission or permissible discharge standards.

(3) In any of the cases specified by Presidential Decree, such as where business operators continuously maintain the level of discharged pollutants, etc. at a level significantly lower than the permissible discharge standards, the Minister of Environment may extend the interval of the review on the conditions of permission or the permissible discharge standards under the former part of paragraph (1) by not more than three years.

(4) Matters necessary for procedures for amending conditions of permission and permissible discharge standards, and the interval, method, etc. of the review on conditions of permission and permissible discharge standards under paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Environment.


Article 10 (Special Cases concerning Application of Acts to Integrated Permission)

(1) Where permission or permission for modification has been issued or a report on modification has been filed, the following Acts shall apply as if such permission, permission for modification or report on modification is deemed permission and permission for modification to be issued or an approval or approval for modification to be issued under the following classification. In such cases, the relevant Act shall apply as if the authority of the Special Metropolitan City Governor, a Metropolitan City Governor, or a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor regarding the relevant permission, permission for modification, approval, approval for modification, reporting, or reporting on modification is the authority of the Minister of Environment:

   1. The permission, reporting, permission for modification, or reporting on modification for the installation of a facility discharging air        pollutants under Article 23 (1) or (2) of the Clean Air Conservation Act, the reporting or reporting on modification for the                installation and operation of a facility discharging fugitive dust under Article 38-2 (1) or (2) of that Act, the reporting or                 reporting  on modification of a business producing fugitive dust under Article 43 (1) of that Act, the reporting or                         reporting on modification for  the installation of a facility discharging volatile organic compounds under Article 44 (1) or (2) of          that Act: The Clean Air Conservation Act;

   2. The reporting, permission, or reporting on modification for the installation of a facility making noise or vibration under Article 8            (1) or (2) of the Noise and Vibration Control Act: The Noise and Vibration Control Act;

   3. The permission, reporting, permission for modification, or reporting on modification for the installation of a facility discharging           wastewater under Article 33 (1) through (3) of the Water Environment Conservation Act or the reporting or reporting on                 modification for the installation of a non-point pollution source under Article 53 (1) of that Act: The Water Environment                 Conservation Act;

   4. The reporting or reporting on modification of a facility emitting malodor under Article 8 (1) or 8-2 (2) of the Malodor Prevention         Act: The Malodor Prevention Act;

   5. The reporting or reporting on modification of a specified facility subject to the control of soil contamination under Article 12 (1)         of the Soil Environment Conservation Act: The Soil Environment Conservation Act;

   6. The approval, reporting, approval for modification, or reporting on modification for the installation of a waste disposal facility            under Article 29 (2) or (3) of the Wastes Control Act: The Wastes Control Act.

(2) Where the Act referred to in any subparagraph of paragraph (1) shall apply under the former part of the same paragraph and the relevant statutes cite "standards for permission of discharges," the relevant Act shall apply, deeming that the statutes cite "permissible discharge standards."


Article 11 (Succession to Rights and Obligations)

(1) When a business operator dies or transfers discharging facilities, etc. or prevention facilities or where a business operator in the form of a corporation is merged with another corporation, the heir, the transferee, the corporation surviving the merger, or the corporation newly established by the merger shall succeed to rights and obligations of the preceding business operator for permission, permission for modification, or reporting on modification.

(2) A person who acquires discharging facilities, etc. and prevention facilities from a business operator through any of the following procedures shall succeed to rights and obligations of the preceding business operator for permission, permission for modification, or reporting on modification:

    1. An auction under the Civil Execution Act;

    2. Realization under the Debtor Rehabilitation and Bankruptcy Act;

    3. A sale of property seized under the National Tax Collection Act, the Customs Act, or the Local Tax Collection Act;

    4. Other procedures equivalent to the procedures referred to in subparagraphs 1 through 3.

(3) Where discharging facilities, etc. or prevention facilities are leased, the lessee shall be deemed the business operator for the purpose of applying Articles 14 through 21, 22 (excluding provisions concerning the revocation of permission), 23, 25, 27, and 30 through 33.

(4) Where a business operator transfers discharging facilities, etc. or prevention facilities or is deceased or where a business operator in the form of a corporation is merged with another corporation, the effect of an administrative disposition taken against the preceding business operator under Article 12 (4), 14, 15, 20 (3) or (4), 21 (3), 22, or 23 shall be transferred to the transferee, the heir, or the corporation newly established or surviving after the merger for one year after the end of the period subject to the administrative disposition, and any proceeding pending for an administrative disposition may continue against the transferee, the heir, or the corporation newly established or surviving after the merger.


CHAPTER II-2 GRANTING INTEGRATED PERMISSION AS AGENTS


Article 11-2 (Registration of Agency Business for Integrated Permission)

(1) A person who intends to conduct the business of preparing documents, etc. for integrated permission as an agent (hereinafter referred to as "agency business for integrated permission") shall file for registration thereof with the Minister of Environment, with technical personnel, facilities, and equipment prescribed by Presidential Decree. The same shall also apply where he or she intends to revise any of the important matters prescribed by Presidential Decree among the registered matters.

(2) The Minister of Environment shall issue a registration certificate to a person who has filed for registration of agency business for integrated permission pursuant to paragraph (1) (hereinafter referred to as "agent for integrated permission"), as prescribed by Ordinance of the Ministry of Environment.

(3) Matters necessary for procedures, etc. for registration under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment.

[This Article Newly Inserted on Jan. 5, 2021]


Article 11-3 (Grounds for Disqualification)

None of the following persons shall file for registration of agency business for integrated permission:

1. A person under adult guardianship;

2. A person declared bankrupt and not yet reinstated;

3. A person in whose case two years (six months where registration was revoked under Article 11-7 (1) 4) have not passed since registration was revoked under Article 11-7 (excluding where registration was revoked in cases falling under subparagraph 1 or 2 of this Article);

4. A person in whose case two years have not passed since his or her imprisonment with labor or heavier punishment declared by a court for a violation of this Act was completely executed (including where the execution is deemed completed) or the non-execution of such sentence became final;

5. A corporation who has an executive officer falling under any of subparagraphs 1 through 4.

[This Article Newly Inserted on Jan. 5, 2021]


Article 11-4 (Matters to Be Observed by Agents for Integrated Permission)

(1) An agent for integrated permission shall comply with the following:

    1. The agent shall not prepare documents, etc. for integrated permission and materials that are the basis of preparing such                 documents, etc. falsely or insufficiently;

    2. The agent shall retain documents, etc. for integrated permission and materials that are the basis of preparing such                      documents, etc. for a period specified by Ordinance of the Ministry of Environment: Provided, That the same shall not                apply where documents, etc. for integrated permission are prepared in electronic form and entered in the integrated                      environmental  permission system under Article 28, as prescribed by Ordinance of the Ministry of Environment;

    3. The agent shall not lend his or her registration certificate or name to other persons;

    4. The agent shall not subcontract affairs related to the preparation of documents, etc. for integrated permission to other                   persons or be subcontracted by other persons to perform such affairs: Provided, That the same shall not apply where he             or she subcontracts part of the affairs related to examining, measuring, and analyzing the items to be prepared of                      documents, etc. for integrated permission in accordance with the requirements and fields prescribed by Ordinance of                  the Ministry of Environment, with approval by the person who places the order for the relevant affairs;

    5. The agent shall observe other matters regarding agency business for integrated permission prescribed by Ordinance of the             Ministry of Environment.

(2) A person who intends to apply for permission or permission for modification or to file a report on modification under Article 6 shall comply with the following:

    1. The person shall not prepare documents, etc. for integrated permission and materials that are the basis of preparing such               documents, etc. falsely or insufficiently;

    2. The agent shall retain documents, etc. for integrated permission and materials that are the basis of preparing such                       documents, etc. for a period specified by Ordinance of the Ministry of Environment: Provided, That the same shall not apply          where documents, etc. for integrated permission are prepared in electronic form and entered in the integrated environmental             permission system under Article 28, as prescribed by Ordinance of the Ministry of Environment;

    3. Where the person concludes an agency contract for the preparation of documents, etc. for integrated permission with an              agency for integrated permission, he or she shall not request the agent for integrated permission to falsely prepare                      documents, etc. for integrated permission, materials that are the basis of preparing such documents, etc., and the results of          predicting and analyzing the impact of discharge, or to insufficiently prepare important materials affecting permission,                    permission for modification, or report on modification under Article 6 such as by omitting the materials.

(3) Matters necessary for specific criteria for judging a false or insufficient preparation under paragraphs (1) 1 and (2) 1 and 3 and procedures for approval and subcontracts under the proviso of paragraph (1) 4 shall be prescribed by Ordinance of the Ministry of Environment.

[This Article Newly Inserted on Jan. 5, 2021]


Article 11-5 (Succession to Rights and Obligations of Agents for Integrated Permission)

(1) When an agent for integrated permission dies or transfers his or her business or when an agent for integrated permission in the form of a corporation is merged with another corporation, the heir, the transferee, or the corporation surviving or newly established by the merger shall succeed to the rights and obligations of the former agent for integrated permission.

(2) A person who succeeds to the rights and obligations of the former agent for integrated permission under paragraph (1) shall files a report on the succession with the Minister of Environment within one month, as prescribed by Ordinance of the Ministry of Environment.

(3) A person who files a report on succession to rights and obligations under paragraph (2) shall succeed to the previous performance records of agency service related to the preparation of documents, etc. for integrated permission.

(4) When an agent for integrated permission dies or transfers his or her business or when an agent for integrated permission in the form of a corporation is merged with another corporation, the effect of an administrative disposition taken against the former agent for integrated permission under Article 11-7 shall be succeeded to by the heir, the transferee, or the corporation surviving or newly established by the merger for one year after the end of the period of the relevant disposition, and any proceedings pending for an administrative disposition may continue against the heir, the transferee, or the corporation surviving or newly established by the merger.

[This Article Newly Inserted on Jan. 5, 2021]


Article 11-6 (Closure or Suspension of Business)

Where an agent for integrated permission intends to close or suspend his or her agency business for integrated permission, he or she shall file a report thereon with the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment. In such cases, the period of suspension of business shall not exceed two years.

[This Article Newly Inserted on Jan. 5, 2021]


Article 11-7 (Revocation of Registration)

(1) Where an agent for integrated permission falls under any of the following, the Minister of Environment may revoke his or her registration or issue an order to suspend all or part of his or her business for a period not exceeding six months: Provided, That in cases falling under any of subparagraphs 1 through 3 or 7, the registration shall be revoked:

    1. Where the agent files for registration of his or her business by fraud or other improper means;

    2. Where the agent concludes a new agency contract during the period of suspension of business;

    3. Where the agent fails to commence agency business for integrated permission within two years after registration or has no            performance records of agency service for integrated permission for at least two years;

    4. Where the agent undergoes an evaluation of his or her business performance capability under Article 11-8 (1) by fraud or              other improper means;

    5. Where the agent fails to have the technical personnel, facilities, and equipment under Article 11-2 (1);

    6. Where the agent revises important matters without filing for registration of revision, in violation of the latter part of                       Article 11-2 (1);

    7. Where the agent is disqualified on any ground prescribed in Article 11-3: Provided, That the same shall not apply where a              corporation that falls under subparagraph 5 of Article 11-3 appoints a new executive officer within six months;

    8. Where the agent violates the matters to be observed under Article 11-4 (1).

(2) A person subject to revocation of registration or suspension of business under paragraph (1) may continue his or her agency business for integrated permission only under the agency contract concluded before such revocation or suspension.

(3) A person who continues his or her agency business for integrated permission under paragraph (2) shall be deemed an agent for integrated permission under this Act until he or she completes the relevant business affairs.

(4) Where the Minister of Environment deems that a person subject to revocation of registration on the ground specified in paragraph (1) 1 or 5 is unable to conduct agency business for integrated permission properly, he or she may restrict the performance of all or part of the agency contract concluded before such revocation, notwithstanding paragraph (2).

(5) Detailed criteria for administrative dispositions taken under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Environment.

[This Article Newly Inserted on Jan. 5, 2021]


Article 11-8 (Evaluation and Announcement of Business Performance Capabilities of Agents for Integrated Permission)

(1) In order for a person who applies for permission or permission for modification or files a report on modification under Article 6 to select an agent for integrated permission properly, the Minister of Environment shall, upon request from an agent for integrated permission, evaluate his or her business performance capability based on his or her performance records of agency service, the current status of administrative dispositions, etc. and announce the results thereof.

(2) An agent for integrated permission who intends to undergo an evaluation under paragraph (1) shall submit to the Minister of Environment its performance records of agency service for the previous year, the current status of its technical personnel and equipment, the current status of technical personnel completing education, and other matters prescribed by Ordinance of the Ministry of Environment.

(3) Methods for evaluating business performance capabilities, materials to be submitted, procedures for announcement, and other matters necessary for evaluation and announcement under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Environment.

[This Article Newly Inserted on Jan. 5, 2021]


Article 11-9 (Reporting Performance Records of Agency Service)

(1) An agent for integrated permission shall report to the Minister of Environment the performance records of agency service prescribed by Ordinance of the Ministry of Environment, such as the conclusion of an agency contract for the preparation of documents, etc. for integrated permission, as prescribed by Ordinance of the Ministry of Environment.

(2) The Minister of Environment shall manage the current status of agents for integrated permission and the performance records of agency service reported under paragraph (1) to systematically promote agency business for integrated permission.

[This Article Newly Inserted on Jan. 5, 2021]


Article 11-10 (Training of Technical Personnel Engaging in Agency Business for Integrated Permission)

(1) Where necessary to efficiently utilize persons who are technical personnel engaging in agency business for integrated permission (hereinafter referred to as "technical person providing agency service for integrated permission") and enhance their expertise, the Minister of Environment may formulate and implement policies on fostering, education, training, etc. of technical persons providing agency service for integrated permission.

(2) An agent for integrated permission shall require technical persons providing agency service for integrated permission to receive education and training conducted by the Minister of Environment, which are necessary to perform duties related to the preparation of documents, etc. for integrated permission, as prescribed by Ordinance of the Ministry of Environment.

(3) An agent for integrated permission shall bear expenses incurred in educating and training technical persons providing agency service for integrated permission under paragraph (2).

(4) No agent for integrated permission shall give any disadvantage to technical persons providing agency service for integrated permission on the grounds that he or she bears expenses under paragraph (3).

[This Article Newly Inserted on Jan. 5, 2021]


Article 11-11 (Duty to Maintain Confidentiality)

No person who is or was an agent for integrated permission or an executive officer or employee engaging in agency business for integrated permission shall divulge any confidential information that he or she has learned in the course of performing his or her duties to a third person, or use such information illegally.

[This Article Newly Inserted on Jan. 5, 2021]


CHAPTER III CONTROL OF DISCHARGING FACILITIES 

IN BUSINESS ESTABLISHMENTS SUBJECT TO INTEGRATED CONTROL


Article 12 (Reporting and Acceptance of Start of Operation)

(1) When a business operator intends to start the operation of discharging facilities, etc. or prevention facilities after completing the installation or alteration (limited to the cases specified by Presidential Decree, if facilities are altered after filing a report on modification) of all or some of the discharging facilities, etc. or prevention facilities, he or she shall report the start of operation to the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment. In such cases, when a waste disposal facility subject to an inspection conducted under Article 30 (1) of the Wastes Control Act is included in discharging facilities, etc., the report on the start of operation shall be accompanied by a statement of results of the inspection.

(2) If discharging facilities, etc. or prevention facilities have been installed or altered according to permission, permission for modification, or report on modification under Article 6, the Minister of Environment shall accept the report filed under the former part of paragraph (1) after conducting an on-site inspection within the period specified by Ordinance of the Ministry of Environment after the filing date of the report, as prescribed by Ordinance of the Ministry of Environment.

(3) Articles 14 and 15, subparagraph 1 of Article 41, and Article 47 (6) 1 shall not apply to the facilities specified by Presidential Decree, such as facilities for reducing nitrogen oxides in a power station and facilities for preventing water pollution, among the discharging facilities, etc. and prevention facilities on which a report has been accepted under paragraph (2), during the test operation period specified by Ordinance of the Ministry of Environment.

(4) If the Minister of Environment finds upon a result of an on-site inspection conducted under paragraph (2), that discharging facilities, etc. or prevention facilities, as installed or altered, do not conform to the permission or permission for modification issued or to the report on modification filed under Article 6, he or she may issue an order to make improvements within the period specified by Ordinance of the Ministry of Environment.


Article 13 (Measurement of Pollution Level)

(1) The Minister of Environment shall ascertain the following matters with regard to facilities subject to test operation under Article 12 (3) by monitoring the status of operation of discharging facilities, etc. and prevention facilities within the period specified by Ordinance of the Ministry of Environment after the end of the test operation period and by measuring discharged pollutants, etc.:

    1. Whether pollutants, etc. discharged from the relevant discharging facilities, etc. do not exceed the permissible discharge               standards;

    2. Whether pollutants, etc. not specified in the permission or permission for modification issued or the report on modification             filed under Article 6 are discharged from the relevant discharging facilities, etc.

(2) When the Minister of Environment intends to measure pollutants, etc. under paragraph (1), he or she shall request the testing agency specified by Ordinance of the Ministry of Environment to measure them: Provided, That the foregoing shall not apply to the pollutants, etc. specified by Ordinance of the Ministry of Environment as those that can be measured on the site.


Article 14 (Order of Improvement)

(1) If it is found that pollutants, etc. discharged from discharging facilities, etc. exceed the permissible discharge standards, in violation of Article 8 (3), the Minister of Environment may order the relevant business operator (including the persons who have installed and operate common-use prevention facilities under Article 35 (4) of the Water Environment Conservation Act and Article 29 (1) of the Clean Air Conservation Act) to take necessary measures to reduce discharged pollutants to the permissible discharge standards and to make improvements.

(2) If the person to whom an order of improvement was issued under paragraph (1) fails to perform as ordered or performs as ordered but the outcomes of measurement show that discharged pollutants, etc. remain in excess of the permissible discharge standards, the Minister of Environment may order the person to suspend the operation, or to discontinue the use, of the relevant discharging facilities, etc., entirely or partially, for not more than six months, as prescribed by Ordinance of the Ministry of Environment.


Article 15 (Imposition and Collection of Effluent Charges)

(1) To prevent or reduce environmental pollution caused by pollutants, etc., the Minister of Environment may impose effluent charges upon the following persons and collect the charges from them:

    1. A business operator who discharges air pollutants defined in subparagraph 1 (a) of Article 2 or water pollutants defined in              subparagraph 1 (e) of Article 2 (including the persons who have installed and operate common-use prevention facilities under        Article 35 (4) of the Water Environment Conservation Act and Article 29 (1) of the Clean Air Conservation Act);

    2. A person who installs or alters a facility discharging air pollutants, as defined in subparagraph 2 (b) of Article 2, or a facility           discharging wastewater, as defined in subparagraph 2 (g) of Article 2, without obtaining permission or permission for                  modification or filing a report on modification under Article 6.

(2) Effluent charges shall be imposed in accordance with the following classification, but matters necessary for the method, criteria, etc. for calculating effluent charges shall be prescribed by Presidential Decree:

    1. Basic effluent charge:

       (a) Where air pollutants defined in subparagraph 1 (a) of Article 2 are emitted: The effluent charge shall be imposed according             to the volume, concentration, etc. of air pollutants emitted not exceeding the permissible discharge standards                           (referring to the maximum discharge standards under Article 24 (4), if no permissible discharge standards are                            established; the same shall apply hereafter in this Article);

       (b) Where water pollutants defined in subparagraph 1 (e) of Article 2 are discharged: The effluent charge shall be imposed                  according to the volume, concentration, etc. of water pollutants discharged not exceeding the permissible discharge                    standards but exceeding the quality standards of discharged water under Article 12 (3) of the Water Environment                       Conservation Act;

    2. Excess effluent charge: The effluent charge shall be imposed according to the volume, concentration, etc. of air pollutants            defined in subparagraph 1 (a) of Article 2 or water pollutants defined in subparagraph 1 (e) of Article 2, which are emitted or           discharged in excess of the permissible discharge standards.

(3) The Minister of Environment shall consider the following matters when he or she imposes an effluent charge under paragraph (1):

        1. Whether discharged pollutants exceed the permissible discharge standards;

        2. The kinds of pollutants, etc. specified by Presidential Decree;

        3. The duration of discharge of pollutants, etc.;

        4. The volume of pollutants, etc. discharged;

        5. Whether self-measurements have been conducted in accordance with Article 31 (1);

        6. Other matters specified by Ordinance of the Ministry of Environment as those relevant to pollution of air or water                       environment or improvement thereof.

(4) If a person obliged to pay an effluent charge fails to pay it by payment deadline, the Minister of Environment shall collect an additional charge. In such cases, Article 47-4 of the Framework Act on National Taxes shall apply mutatis mutandis to additional charges.

(5) Effluent charges and additional charges referred to in paragraph (4) shall be treated as revenue for the special account for environmental improvement under the Framework Act on Environmental Policy.

(6) If a person obliged to pay an effluent charge or an additional charge under paragraph (4) fails to pay it by payment deadline, the Minister of Environment shall collect the charge in the same manner as delinquent national taxes are collected.


Article 16 (Exemption or Reduction of Effluent Charges)

Notwithstanding Article 15 (1), any of the following persons is eligible for exemption or reduction of effluent charges, as prescribed by Presidential Decree: Provided, That the exempted or reduced amount of an effluent charge against a business operator under subparagraph 6 shall not exceed the disposal expenses borne according to the relevant Act:

1. A person who falls under any subparagraph of Article 35-2 (1) of the Clean Air Conservation Act;

2. A person who falls under Article 35-2 (2) 1 of the Clean Air Conservation Act;

3. A business operator who has discharged water pollutants not exceeding the quality standards of discharged water under Article 12 (3) of the Water Environment Conservation Act;

4. A business operator who has discharged water pollutants not exceeding the volume specified by Presidential Decree;

5. A business operator subject to total volume control under Article 17 (4) of the Special Act on the Improvement of Air Quality in Air Control Zones;

6. A business operator who bears expenses incurred in disposing of air pollutants or water pollutants in accordance with other Acts.


Article 17 (Adjustment of Effluent Charges)

(1) If any of the events specified by Presidential Decree occurs, such as cases where the Minister of Environment finds that the volume of discharged pollutants is changed after initially measuring discharged pollutants, and the outcomes of the re-measurement show that there is a difference between the volume of currently discharged pollutants and the initially measured volume of discharged pollutants, the Minister of Environment shall impose or refund the difference in the effluent charge by calculating and adjusting the difference.

(2) Matters necessary for the method, procedure, etc. for calculating and adjusting effluent charges under paragraph (1) shall be prescribed by Presidential Decree.


Article 18 (Procedure for Deferment of Collection, Installment Payment, and Collection of Effluent Charges)

(1) If the Minister of Environment finds that a person obliged to pay an effluent charge is unable to pay the effluent charge by payment deadline due to any of the following events, he or she may defer the collection of the effluent charge or may permit the person to pay it in installments:

    1. If a natural disaster or any other disaster causes serious damage to property of the relevant business operator;

    2. If the relevant business operator sustains losses in business and his or her business is in a serious crisis;

    3. If it is found inevitable to defer collection or permit payment in installments due to any cause or event equivalent to the event           referred to in subparagraph 1 or 2.

(2) If the effluent charge imposed exceeds twice the capital or total equities (referring to total assets, if the payer is a sole proprietor) of the payer and the Minister of Environment finds that it is impracticable to collect it within the collection deferment period due to the event referred to in any subparagraph of paragraph (1), he or she may extend the collection deferment period or permit the payer to pay it in more installments.

(3) When the Minister of Environment defers the collection of an effluent charge under paragraph (1) or (2), he or she may demand that the payer shall provide an asset with a value equivalent to the deferred amount as security. In such cases, the Minister of Environment shall take measures necessary for safekeeping the security.

(4) In any of the following cases, the Minister of Environment may revoke the deferment of collection of an effluent charge and may collect the deferred charge from the payer whose effluent charge has been deferred:

    1. If the payer fails to pay the deferred effluent charge by payment deadline;

    2. If the payer fails to comply with an order issued by the Minister of Environment as necessary for replacing or safekeeping               security;

    3. If it is found that deferment of collection is unnecessary due to the status of property or any other change in circumstances.

(5) Matters necessary for the methods for deferment of collection and payment in installments of effluent charges and the extension of the collection deferment period shall be prescribed by Presidential Decree.


Article 19 (Installation of Measuring Instruments)

(1) A business operator shall install the instruments specified by Presidential Decree (hereinafter referred to as "measuring instruments"), such as automatic water quality measuring instruments, automatic stack measuring instruments, watt-hour meters, and integrating flow meters, in discharging facilities, etc. and prevention facilities in order to check the level of pollutants, etc. discharged from discharging facilities, etc. or the consumption of water, electricity, etc. used in prevention facilities: Provided, That, if the Minister of Environment or 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 "Mayor/Do Governor") shall install measuring instruments in discharging facilities, etc. so as to check whether air pollutants defined in subparagraph 1 (a) of Article 2, which are emitted from the discharging facilities, etc., conform to the permissible discharge standards, he/may take measures, such as installing measuring instruments with consent of the relevant business operator (limited to where the business operator is a small or medium enterprise, as defined in Article 2 of the Framework Act on Small and Medium Enterprises).

(2) Matters necessary for installing measuring instruments that shall be installed under paragraph (1), including the facilities in which it is required to install such instruments, the method and timing for installation of such instruments, and matters necessary for measurement, including items and methods of measurement, shall be prescribed by Presidential Decree.


Article 20 (Operation and Management of Measuring Instruments)

(1) Any business operator who has measuring instruments installed under Article 19 (1) shall not commit any of the following acts:

    1. Intentionally making any measuring instrument inoperative or fail to work in a normal condition;

    2. Abandoning any measuring instrument (excluding measuring instruments installed and operated by the Minister of Environment         or a Mayor/Do Governor under the proviso of Article 19 (1)) that does not work in a normal condition due to corrosion,               wear-out, failure, or damage, without good cause;

    3. Intentionally damaging any measuring instrument;

    4. Omitting the outcomes of measurement or making false outcomes of measurement by tampering with any measuring instrument.

(2) The Minister of Environment, each Mayor/Do Governor, and each business operator shall operate and manage installed measuring instruments in accordance with the standards prescribed by Ordinance of the Ministry of Environment so as to ensure that the reliability and accuracy of outcomes of measurement by the measuring instruments can be constantly maintained.

(3) The Minister of Environment may order any business operator who fails to observe the standards under paragraph (2) to take measures necessary for operating and managing measuring instruments in accordance with the standards by the specified deadline, as prescribed by Presidential Decree.

(4) The Minister of Environment may order any person who fails to comply with an order issued under paragraph (3) to take measures to suspend operation, entirely or partially, for not more than six months, as prescribed by Ordinance of the Ministry of Environment.

(5) The Minister of Environment may operate a computer network that can computerize the outcomes of measurement by connecting measuring instruments to the network, and render technical assistance so that a Mayor/Do Governor or a business operator can maintain and manage measuring instruments in a normal condition.

(6) Expenses incurred in installing, operating, and managing measuring instruments by the Minister of Environment or a Mayor/Do Governor shall be borne by the State, if the instruments are installed, operated, and managed by the Minister of Environment; or by the Special Metropolitan City or the relevant Metropolitan City, Special Self-Governing City, Do, Special Self-Governing Province, if the instruments are installed, operated, and managed by a Mayor/Do Governor.


Article 21 (Operation and Management of Discharging Facilities and Prevention Facilities)

(1) Any business operator (including the persons who have installed and operate common-use prevention facilities under Article 35 (4) of the Water Environment Conservation Act and Article 29 (1) of the Clean Air Conservation Act) who operates a facility emitting air pollutants defined in subparagraph 2 (b) of Article 2 or a facility discharging wastewater defined in subparagraph 2 (g) of that Article and prevention facilities annexed thereto shall not commit any of the following acts:

    1. Where a business operator operates facilities emitting air pollutants and prevention facilities annexed thereto:

       (a) Omitting to operate prevention facilities, while operating a facility emitting air pollutants, or emitting air pollutants produced               from a facility emitting air pollutants after mixing the pollutants with air in order to lower the level of pollution: Provided,                That the cases recognized by the Minister of Environment as necessary to prevent accidents, such as fire and                         explosion, are excluded herefrom;

       (b) Installing an air conditioning system or a branch pipeline through which air pollutants can be emitted without passing them              through prevention facilities: Provided, That the cases recognized by the Minister of Environment as necessary to                   prevent accidents, such as fire and explosion, are excluded herefrom;

       (c) Abandoning any facility emitting air pollutants or any prevention facility, from which air pollutants leak due to corrosion or               wear-out without good cause;

       (d) Abandoning the failure or damage of a machine or instrument annexed to a prevention facility without good cause;

    2. Where a business operator operates facilities discharging wastewater and prevention facilities annexed thereto:

       (a) Discharging water pollutants from a facility discharging wastewater without passing them through prevention facilities, or                 installing any facility through which such water pollutants can be discharged without passing them through prevention                   facilities;

       (b) Discharging water pollutants flowing into prevention facilities without passing them through the final outlet, or installing                 a facility through which such water pollutants can be discharged without passing them through the final outlet;

       (c) Disposing of water pollutants from facilities discharging wastewater by mixing them with water not produced during the                 relevant process or with unpolluted water produced during the relevant process, or discharging water pollutants in                      excess of the permissible discharge standards after mixing them with water in order to lower the level of                              pollution before passing them through the final outlet of prevention facilities: Provided, That the cases recognized by                  the Minister of Environment as those where water pollutants can be treated only by diluting as prescribed by                         Ordinance of the Ministry of Environment and other cases specified by Ordinance of the Ministry of Environment,                          are excluded herefrom;

    3. Discharging pollutants, etc. in excess of the permissible discharge standards in any other manner without operating any              facility emitting air pollutants or facility discharging wastewater and prevention facilities annexed thereto in a normal                   condition, without good cause.

(2) Every business operator shall observe the following standards specified by Ordinance of the Ministry of Environment in order to totally reduce pollutants from discharging facilities,etc.:

    1. Standards for the installation and management of discharging facilities, etc. and prevention facilities and measures therefor:

       (a) Standards that shall follow in installing discharging facilities, etc. in order to control or reduce the discharge of                           pollutants, etc.;

       (b) Standards concerning the control and reduction of pollutants directly discharged from discharging facilities, etc. to                      the environment without passing them through a stack or other outlets;

       (c) Standards concerning appropriate management and measures for maintaining the reduction efficiency in reducing                        pollutants, etc. in accordance with items (a) and (b) above;

    2. Standards for the measurement and survey of pollutants, etc.:

       (a) Standards concerning the measurement of pollutants directly discharged from discharging facilities, etc. to the                          environment without passing them through a stack or other outlets;

       (b) Standards concerning the scope, methods, etc. of survey on the impact that discharged pollutants, etc. have on the                  environs of discharging facilities, etc.

(3) If any business operator fails to observe the standards referred to in any subparagraph of paragraph (2), the Minister of Environment may order the business operator to take measures for observing the standards. In such cases, when a business operator fails to comply with an order, the Minister of Environment may entirely or partially revoke the permission or permission for modification issued under Article 6, or may order the business operator to suspend the operation or use of the relevant discharging facilities, etc., entirely or partially, as prescribed by Ordinance of the Ministry of Environment.


Article 21-2 (Appointment of Integrated Environmental Managers)

(1) A business operator, who meets the standards prescribed by Ordinance of the Ministry of Environment in consideration of the size of the place of the business establishment subject to integrated control, the volume of pollutants, etc. discharged therefrom, and other relevant factors, shall appoint an integrated environmental manager (referring to a person who manages discharging facilities, etc. and prevention facilities in a business establishment subject to integrated control; hereinafter the same shall apply), from among persons qualified under paragraph (3).

(2) An integrated environmental manager appointed pursuant to paragraph (1) shall not concurrently perform duties of other compulsory employees (referring to persons who shall be employed mandatorily in accordance with statutes) other than the ones prescribed in Article 21-3 at the relevant business establishment subject to integrated control: Provided, That this shall not apply where there are reasons prescribed by Ordinance of the Ministry of Environment in consideration of the size of the business establishment subject to integrated control and the volume of pollutants, etc. discharged therefrom.

(3) The Minister of Environment may grant qualification of an integrated environmental manager and issue a qualification certificate to a person who is recognized to have expertise in controlling discharging facilities, etc. and prevention facilities in a business establishment subject to integrated control and has completed curricula prescribed by Ordinance of the Ministry of Environment.

(4) Upon the appointment, dismissal, or retirement of an integrated environmental manager, a business operator shall without delay file a report on the appointment, dismissal, or retirement with the Minister of Environment and shall appoint a new integrated environmental manager within 30 days from the date of his or her dismissal or retirement: Provided, That where he or she is unable to appoint a new integrated environmental manager within such period, he or she can extend the period with approval from the Minister of Environment.

(5) Where an integrated environmental manager a business operator appoints under paragraph (1) cannot temporarily perform any of his or her duties due to his or her travel, illness, or other reasons, the business operator shall designate an agent to act on behalf of the integrated environmental manager.

(6) Other details regarding granting of qualification of an integrated environmental manager, the appointment thereof, etc. shall be prescribed by Ordinance of the Ministry of Environment.

[This Article Newly Inserted on Jun. 10, 2022]

[Enforcement Date: Jan. 1, 2025] Of the amended provisions of Article 21-2 if the business operator is a small or medium entrepreneur provided in subparagraphs of Article 2 (1) of the Framework Act on Small and Medium Enterprises.


Article 21-3 (Duties of Integrated Environmental Managers)

(1) Duties of an integrated environmental manager shall be as follows:

    1. Measures necessary for the preparation and submission of a plan for integrated environmental control at the time of                     permission, permission for modification, or reporting on modification under Article 6;

    2. The management and supervision of a business establishment subject to integrated control to comply with the criteria for               permission under the subparagraphs of Article 7 (1);

    3. Measures necessary for complying with the permissible discharge level under Article 8;

    4. Measures necessary for preparing and submitting annual reports under Article 33;

    5. Other duties prescribed by Ordinance of the Ministry of Environment as necessary for the integrated environmental control of           business establishments subject to integrated control.

(2) The Minister of Environment shall support integrated environmental managers so that they can perform the duties under paragraph (1).

(3) A business operator or person who works for discharging facilities and prevention facilities shall not interfere with the duties of an integrated environmental manager under paragraph (1), and upon receipt of a request necessary for performing duties from an integrated environmental manager, shall comply with such request unless there is good cause.

[This Article Newly Inserted on Jun. 10, 2022]

[Enforcement Date: Jan. 1, 2025] Of the amended provisions of Article 21-3 if the business operator is a small or medium entrepreneur provided in subparagraphs of Article 2 (1) of the Framework Act on Small and Medium Enterprises.


Article 21-4 (Continuing Education)

(1) Any person who has obtained the qualification of an integrated environmental manager pursuant to Article 21-2 (3) shall receive continuing education within the period classified as follows, as prescribed by Ordinance of the Ministry of Environment:

    1. Where he or she has obtained the qualification of an integrated environmental manager for the first time: Within six months            after the date of the second anniversary from the date of issuance of the qualification certificate;

    2. Cases other than those provided in subparagraph 1: Within six months after the date of the second anniversary from the               date he or she receives the immediately previous continuing education.

(2) In cases of a person who has failed to receive continuing education under paragraph (1), his or her qualification of an integrated environmental manager is suspended from the date after the period of continuing education ends: Provided, That where he or she receives such education within one year after the suspension of qualification, his or her qualification shall become valid again from the date he or she receives the education.

(3) Where the qualification of an integrated environmental manager under paragraph (2) is suspended, the business operator shall designate an agent to perform the duties of the integrated environmental manager on his or her behalf under Article 21-2 (5).

(4) A business operator who has hired an integrated environmental manager shall require the integrated environmental manager falling under the subparagraphs of paragraph (1) to receive continuing education, and shall bear expenses incurred therein.

[This Article Newly Inserted on Jun. 10, 2022]

[Enforcement Date: Jan. 1, 2025] Of the amended provisions of Article 21-4 if the business operator is a small or medium entrepreneur provided in subparagraphs of Article 2 (1) of the Framework Act on Small and Medium Enterprises.


Article 21-5 (Entrustment of Education)

(1) The Minister of Environment may entrust the following education to a relevant institution or organization prescribed by Ordinance of the Ministry of Environment:

    1. Education to obtain the qualification of an integrated environmental manager under Article 21-2 (3);

    2. Continuing education for integrated environmental managers under Article 21-4 (1).

(2) Any institution or organization entrusted with education under paragraph (1) shall issue a certificate of completion of education to a person who has completed the relevant education.

(3) If any institution or organization entrusted with the education of integrated environmental managers under paragraph (1) issues a certificate of completion of education by fraud or other improper means, the Minister of Environment may cancel the entrusted affairs.

(4) Where the Minister of Environment entrusts affairs regarding continuing education to a relevant institution or organization pursuant to paragraph (1), he or she shall conduct periodic evaluation and inspections at least once a year to ensure the effectiveness of the education of integrated environmental managers.

(5) Other matters necessary for the education and entrustment of affairs regarding integrated environmental managers shall be prescribed by Ordinance of the Ministry of Environment.

[This Article Newly Inserted on Jun. 10, 2022]

[Enforcement Date: Jan. 1, 2025] Of the amended provisions of Article 21-5 if the business operator is a small or medium entrepreneur provided in subparagraphs of Article 2 (1) of the Framework Act on Small and Medium Enterprises.


Article 22 (Revocation of Permission)

(1) In any of the following cases, the Minister of Environment may, entirely or partially, revoke the permission or permission for modification issued to a business operator or a person who has installed and operates discharging facilities, etc. (limited to cases falling under subparagraph 2) under Article 6 or may order the business operator or the person to close the discharging facilities, etc., entirely or partially, or to suspend the operation or use of the discharging facilities, etc., entirely or partially for not more than six months: Provided, That the Minister of Environment must revoke the permission or permission for modification in cases of subparagraph 1:

    1. If a business operator obtains permission or permission for modification or files a report on modification under Article 6, by             fraud or other improper means;

    2. If a person has installed or operates discharging facilities, etc. without obtaining permission under Article 6 (1);

    3. If it is found that a business operator fails to install discharging facilities, etc., demolishes the relevant facilities, or closes             business without compelling cause, within five years after obtaining permission or permission for modification under Article 6;

    4. If a business operator fails to obtain permission for modification under Article 6 (2);

    5. If a business operator fails to fulfill the conditions of permission under Article 6 (3);

    6. If a business operator operates discharging facilities, etc. without filing a report on the start of operation under Article 12 (1);

    7. If a business operator fails to comply with an order issued to suspend operation or discontinue use under Article 14 (2);

    8. If a business operator fails to install measuring instruments under Article 19 (1);

    9. If a business operator commits any of the acts specified in Article 20 (1);

    10. If a business operator fails to comply with an order issued to suspend operation under Article 20 (4);

    11. If a business operator commits any of the acts specified in Article 21 (1);

    12. If a business operator fails to comply with an order issued to suspend the operation of a facility or to discontinue the use of          a facility under Article 21 (3);

    13. If a business operator removes relevant discharging facilities, etc. in order to discontinue business;

    14. If a business operator continues the operation of a facility during the operation suspension period.

    15. If a business operator fails to appoint an integrated environmental manager under Article 21-2 (1) or (4).

(2) In any of the following cases, the Minister of Environment may order a business operator to suspend the operation of the relevant discharging facilities, etc. or to discontinue the use of the relevant discharging facilities, etc., entirely or partially, for not more than six months:

    1. If a business operator fails to file a report on modification under Article 6 (2);

    2. If a business operator fails to measure pollutants, etc., in violation of Article 31 (1), or violates any of the methods of                measurement in measuring pollutants, etc.;

    3. If a business operator makes false records of outcomes of measurement or fails to keep records of outcomes of                        measurement, in violation of Article 31 (1);

    4. If a business operator makes false records with regard to any of the matters referred to in Article 32 or fails to make and keep           records of such matters.

(3) When the Minister of Environment intends to revoke permission or permission for modification or to issue an order to close discharging facilities, etc. under paragraph (1) or revoke permission or permission for modification under the latter part of Article 21 (3), he or she shall hold hearings.

(4) Matters concerning the criteria for administrative dispositions under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Environment, taking into consideration the frequency of violation, the level of the impact on people's health or the environment, etc.

[Enforcement Date: Jan. 1, 2025] Of the amended provisions of Article 22 (1) 15 if the business operator is a small or medium entrepreneur provided in subparagraphs of Article 2 (1) of the Framework Act on Small and Medium Enterprises.


Article 23 (Penalty Surcharges)

(1) If the Minister of Environment shall order a business operator to suspend the operation or use of a facility under Articles 14 (2), 20 (4) and latter part of Article 21 (3) or Article 22 (1) and (2) (limited to where it is ordered to suspend the use of a facility under Article 14 (2) by reason that persistent organic pollutants, which are defined in subparagraph 1 (g) of Article 2 and continuously discharged, exceed the permissible discharge standards for such pollutants) but the suspension of the operation or use of a facility is likely to seriously harm residents' lives, international credibility, the national economy, including employment and prices, or the public interests, he or she may impose a penalty surcharge of not more than 300 million won, in replacement of the order of suspension of the operation or use of the facility: Provided, That an order of suspension of the operation or use of a facility shall not be replaced by a penalty surcharge in any of the following cases:

    1. Where a business operator is ordered to suspend the operation of a facility under Article 14 (2) (limited to where air pollutants         defined in subparagraph 1 (a) of Article 2 or water pollutants defined in subparagraph 1 (e) of Article 2 have been                      discharged in excess of the permissible discharge standards);

    2. Where a business operator becomes subject to an order of suspension of the use of a facility for at least 30 days due to an           act specified in any subparagraph of Article 21 (1).

(2) Matters necessary for the amount of a penalty surcharge according to the type of violation subject to a penalty surcharge under paragraph (1) and the degree, etc. of violation shall be prescribed by Presidential Decree.

(3) Penalty surcharges imposed and collected under paragraph (1) shall be treated as revenue for the special account for environmental improvement under the Framework Act on Environmental Policy.

(4) If a person obliged to pay a penalty surcharge under paragraph (1) fails to pay it by payment deadline, the Minister of Environment shall collect it in the same manner as delinquent national taxes are collected.


CHAPTER IV BEST AVAILABLE TECHNIQUES


Article 24 (Best Available Techniques)

(1) The Minister of Environment shall introduce techniques comprising technically and economically applicable control techniques (hereinafter referred to as "best available techniques") that can most effectively reduce discharge of pollutants as environmental control techniques for the designing, installation, operation, and management of discharging facilities, etc. and prevention facilities, considering the following matters:

   1. Practicability in the relevant business establishment;

   2. The effect of reducing the volume of pollutants, etc. produced and discharged;

   3. Expenses incurred in applying and managing environmental control techniques;

   4. Whether the techniques can promote the reduction or recycling of wastes;

   5. Efficiency in the use of energy;

   6. Whether it is possible to take preventive measures for the control of pollution by reducing pollutants, etc. from sources;

   7. Matters specified by Ordinance of the Ministry of Environment, in addition to the matters specified in subparagraphs 1 through 6.

(2) The Minister of Environment shall formulate and distribute standards for best available techniques, which shall contain the following matters, so that best available techniques can be easily applied to each business establishment. In such cases, the Minister of Environment shall periodically review the standards for best available techniques, as prescribed by Presidential Decree, and may modify and supplement the standards, if necessary, considering the level of development of science and technology:

   1. General status of each type of business, including characteristics of each category of industry;

   2. Current status of production and discharge of major pollutants, etc.;

   3. Best available techniques introduced in accordance with paragraph (1);

   4. Matters concerning environmental control techniques newly developed in addition to the best available techniques introduced         under paragraph (1);

   5. The range of concentrations of pollutants, etc. that are likely to be discharged, if best available techniques are applied to              discharging facilities, etc. and prevention facilities;

   6. Except as provided in subparagraphs 1 through 5, matters the Minister of Environment deems necessary.

(3) The best available techniques and the standards for best available techniques introduced or formulated under paragraphs (1) and (2), shall be brought to the Central Environmental Policy Committee under Article 58 (1) of the Framework Act on Environmental Policy for deliberation.

(4) The maximum discharge standards, which specify the maximum amounts of pollutants, etc. that may be discharged when best available techniques are applied to discharging facilities, etc., shall be prescribed by Ordinance of the Ministry of Environment after consulting with the heads of relevant central administrative agencies thereon.

(5) The Minister of Environment may form and operate a technical workforce team for each type of business as prescribed by Ordinance of the Ministry of Environment in order to render working-level assistance in introducing best available techniques and formulating standards for best available techniques under paragraphs (1) and (2). In such cases, the Minister of Environment shall hear the opinion of the Minister of Trade, Industry and Energy on the formation of technical workforce teams.

(6) The Minister of Environment may render financial and technical support to business operators who apply best available techniques or any environmental control technique recognized as more efficient than best available techniques, considering the economic size of each of the business operators, the level of the environmental control technique to be applied, etc., as prescribed by Ordinance of the Ministry of Environment.


Article 25 (Fact-Finding Survey)

(1) The Minister of Environment may conduct fact-finding surveys as prescribed by Presidential Decree in order to grasp the current status of technologies, etc. for introducing best available techniques.

(2) When the Minister of Environment conducts a fact-finding survey under paragraph (1), he or she may request a business operator to submit necessary data or to allow relevant public officials (including persons appointed or commissioned as members of a technical workforce team under Article 24 (5)) to enter the relevant business establishment to conduct an inspection: Provided, That the member of a technical workforce team whom the business operator requests to restrict the entrance to the business establishment for the protection of trade secret, etc. shall be excluded.

(3) Upon receipt of a request for the submission of documents or for an on-site inspection of the relevant business establishment under paragraph (2), a person shall comply with such request, unless there is a compelling reason not to do so.

(4) The Minister of Environment may request the head of a related central administrative agency, the head of a local government, or the head of a public institution referred to in Article 4 of the Act on the Management of Public Institutions to submit necessary data in connection with the fact-finding survey under paragraph (1).


Article 26 (Assistance in Development of Technology)

(1) The Minister of Environment shall promote research and development of technologies for developing and distributing best available techniques and take other necessary measures.

(2) The Minister of Environment may fully or partially subsidize the persons specified by Presidential Decree for the funds required for research and development of technologies under paragraph (1).


CHAPTER V SUPPLEMENTARY PROVISIONS


Article 27 (Disclosure of Information)

(1) The Minister of Environment shall disclose information about the following matters to the public, as prescribed by Ordinance of the Ministry of Environment:

   1. The results of a review conducted by the specialized environmental assessment institute designated under Article 29 on an             application for ex-ante consultation under Article 5 (1);

   2. The results of a review on the ex-ante consultation under Article 5 (2);

   3. Information about applications for permission or permission for modification under Article 6 and decisions thereon;

   4. Annual reports prescribed in Article 33;

   5. Information about the matters specified by Ordinance of the Ministry of Environment, in addition to the matters specified in              subparagraphs 1 through 4.

(2) Notwithstanding paragraph (1), the Minister of Environment need not disclose information about the matters specified in that paragraph in either of the following cases:

   1. Where the Minister of Environment concludes that the disclosure of information will seriously harm national security,                     maintenance of public order, or public welfare;

   2. Where the Minister of Environment concludes that it is necessary not to disclose part of information in connection with trade           secret of any company.

(3) The deliberation committee for the disclosure of information about integrated environmental control shall be established to deliberate on whether to disclose information under paragraphs (1) and (2).

(4) The Minister of Environment shall give written notice to the persons whose information becomes subject to disclosure as a result of deliberation by the deliberation committee for the disclosure of information about integrated environmental control and shall give them opportunities to present their cases. In such cases, the persons whose information becomes subject to disclosure may request the protection of information, as prescribed by Presidential Decree.

(5) The disclosure referred to in paragraph (1) shall be done by posting information on the integrated environmental permission system defined in Article 28 (1) or the web-site approved by the Minister of Environment.

(6) Matters necessary for the method and procedure for the disclosure of information and the formation, operation, etc. of the deliberation committee for the disclosure of information about integrated environmental control under paragraphs (1) through (5) shall be prescribed by Presidential Decree.


Article 28 (Establishment of Integrated Environmental Permission System)

(1) The Minister of Environment may establish and operate an integrated environmental permission system so as to electronically process the affairs specified by Presidential Decree, including applications filed for permission or permission for modification under Article 6.

(2) Matters necessary for the establishment of the integrated environmental permission system under paragraph (1) shall be prescribed by Presidential Decree.


Article 29 (Operation of Specialized Environmental Assessment Institute)

(1) The Minister of Environment may designate and operate an institution specialized in the assessment of the following affairs (hereinafter referred to as "specialized environmental assessment institute"), as prescribed by Presidential Decree:

   1. Review on applications filed for ex-ante consultation under Article 5 (2);

   2. Review on plans for integrated environmental control under the main clause of Article 6 (4);

   3. On-site inspections under Article 12 (2);

   4. Technical assistance for efficient operation, management, etc. of discharging facilities, etc.;

   5. Affairs specified by Ordinance of the Ministry of Environment, in addition to the affairs specified in subparagraphs 1 through 4.

(2) Matters necessary for the specific scope of affairs that the specialized environmental assessment institute shall carry out, the designation and operation of the specialized environmental assessment institute, etc. shall be prescribed by Presidential Decree.

(3) The Minister of Environment may subsidize the specialized environmental assessment institute for expenses incurred in the operation, etc. of the institute, within budgetary limits.


Article 30 (Reporting and Inspection)

(1) The Minister of Environment may order any business operator, any agent for integrated permission, or any person to whom the Minister of Environment entrusts affairs under Article 35 (2) to submit a necessary report or data or may instruct relevant public officials (including employees of a specialized institution to whom the Minister of Environment entrusts affairs under Article 35 (2)) to measure pollutants or to enter any place to inspect relevant documents, facilities, equipment, etc., as prescribed by Ordinance of the Ministry of Environment:

     1. Whether the business operator or the person has conducted operation in accordance with the permission or permission for            modification issued or the report on modification filed under Article 6;

     2. Whether permissible discharge standards and conditions of permission under Article 6 (3) are appropriate;

     2-2. Whether matters concerning the registration, etc. of agents for integrated permission under Articles 11-2 through 11-11                 are observed;

     3. Whether measuring instruments are installed and operated in a normal condition;

     4. Whether the business operator or the person observes provisions of Article 21 concerning the operation, management, etc.            of discharging facilities, etc. and prevention facilities;

     5. Whether the business operator or the person observes Article 31 concerning measurement and the making and keeping of              records;

     6. Whether the business operator or the person observes Article 32 concerning the making and keeping of records.

(2) Public officials who intend to enter a place or conduct an inspection under paragraph (1) shall carry a certificate indicating their authority and present it to people involved.

(3) When the Minister of Environment intends to measure pollutants, etc. under paragraph (1), he or she shall request the testing institution specified by Ordinance of the Ministry of Environment to measure them: Provided, That the foregoing shall not apply to cases specified by Presidential Decree as those where pollutants, etc. can be measured on the spot.

(4) Matters necessary for the interval, methods, etc. of the measurement of pollutants, etc. and entrance and inspection of relevant documents, facilities, equipment, etc. shall be prescribed by Ordinance of the Ministry of Environment.


Article 31 (Self Measurement)

(1) Each business operator shall measure pollutants by him or herself or request a measuring agency under Article 16 of the Environmental Testing and Inspection Act to measure pollutants and shall make and keep records of results thereof, as prescribed by Ordinance of the Ministry of Environment, to ensure proper operation of discharging facilities, etc. and prevention facilities.

(2) The objects, items, and methods of the measurement under paragraph (1) and other measures necessary for measurement shall be prescribed by Ordinance of the Ministry of Environment.


Article 32 (Making and Keeping of Records)

Each business operator shall make and keep records of the following matters, as prescribed by Ordinance of the Ministry of Environment:

1. Matters concerning the operation, management, etc. of discharging facilities, etc. and prevention facilities;

2. Matters concerning the performance of conditions of permission under Article 6 (3).


Article 33 (Annual Reports)

(1) Each business operator shall prepare an annual report on the operation and management of discharging facilities, etc. and prevention facilities and submit it to the Minister of Environment.

(2) The methods for preparing and submitting an annual report under paragraph (1), the timing of submitting an annual report, etc. shall be prescribed by Ordinance of the Ministry of Environment.


Article 34 (Fees)

The following persons shall pay the fees specified by Ordinance of the Ministry of Environment:

1. A person who intends to obtain permission or permission for modification under Article 6;

2. A person who intends to file a report on the start of operation under Article 12 (1).


Article 34-2 (Establishment of Association)

(1) Agents for integrated permission and persons engaged in business affairs related to permission under Article 6 may establish an association for surveys, research, education, publicity, and the sound development of other business affairs related to permission under Article 6.

(2) An association referred to in paragraph (1) shall be a corporation.

(3) The establishment of an association is subject to permission from the Minister of Environment.

(7) Except as provided in this Act, the provisions of the Civil Act governing incorporated associations shall apply mutatis mutandis to associations.

[This Article Newly Inserted on Jan. 5, 2021]


Article 35 (Delegation and Entrustment of Authority)

(1) The authority of the Minister of Environment under this Act may be partially delegated to each Mayor/Do Governor or the head of an affiliated agency, as prescribed by Ordinance of the Ministry of Environment.

(2) The Minister of Environment may entrust the following affairs to the Korea Environment Corporation incorporated under the Korea Environment Corporation Act or other relevant specialized institution, as prescribed by Presidential Decree:

    1. Installation of measuring instruments under the proviso of Article 19 (1);

    2. Operation and management of measuring instruments under Article 20 (2);

    3. Operation of the computer network and provisions of technical assistance under Article 20 (5);

    3-2. Granting the qualification of an integrated environmental manager and issuing the qualification certificate thereof under Article            21-2 (3);

    4. Formation and operation of technical workforce teams under the former part of Article 24 (5);

    5. Affairs prescribed in the subparagraphs of Article 29 (1).

[Enforcement Date: Jan. 1, 2025] Of the amended provisions of Article 35 (2) 3-2 if the business operator is a small or medium entrepreneur provided in subparagraphs of Article 2 (1) of the Framework Act on Small and Medium Enterprises.


Article 36 (Legal Fiction of Deeming Public Officials for Purposes of Applying Penalty Provisions)

Any of the following persons shall be deemed public officials for purposes of applying Articles 129 through 132 of the Criminal Act:

1. An executive officer or employee of a relevant institution or organization entrusted with education affairs of integrated environmental managers under Article 21-5 (1);

2. Members of a technical workforce team under Article 24 (5);

3. Executive officers and employees of relevant specialized institutions performing the affairs entrusted under Article 35 (2).

[Enforcement Date: Jan. 1, 2025] Of the amended provisions of subparagraph 1 of Article 36 if the business operator is a small or medium entrepreneur provided in subparagraphs of Article 2 (1) of the Framework Act on Small and Medium Enterprises.


Article 37 (Re-Examination of Regulation)

The Minister of Environment shall review the appropriateness of abolition, relaxation, maintenance, etc. of the following at an interval of two years from the relevant reference date specified in any of the following (referring to the date immediately before every second anniversary of the reference date):

1. Permission or permission for modification prescribed in Article 6: January 1, 2017;

2. Permissible discharge standards prescribed in Article 8: January 1, 2017;

3. Fact-finding surveys prescribed in Article 25: January 1, 2017;

4. Reporting and inspection prescribed in Article 30: January 1, 2017;

5. Administrative fines prescribed in Article 47: January 1, 2017.


CHAPTER VI?PENALTY PROVISIONS


Article 38 (Penalty Provisions)

Any of the following persons shall be punished by imprisonment for not more than seven years or by a fine not exceeding 100 million won:

1. A person who installs or alters discharging facilities, etc. (limited to facilities emitting air pollutants, as defined in subparagraph 2 (b) of Article 2, or facilities discharging wastewater, as defined in subparagraph 2 (g) of the same Article) or who engages in a business using such discharging facilities, etc., without permission or permission for modification issued under Article 6 or with permission or permission for modification obtained by committing fraud;

2. A person who fails to comply with an order issued under Article 14 (2) to suspend the operation of a facility or to discontinue the use of a facility;

3. A person who commits any act specified in Article 21 (1) 1 (a) or 21 (1) 3;

4. A person who fails to comply with an order issued under Article 22 (1) or (2) to close discharging facilities, etc., suspend the operation of such facilities, or discontinue the use of such facilities.


Article 39 (Penalty Provisions)

Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won:

1. A person who operates discharging facilities, etc. without filing a report on the start of operation in accordance with the forepart of Article 12 (1);

2. A person who fails to install measuring instruments in accordance with the main clause of Article 19 (1);

3. A person who commits an act specified in Article 20 (1) 1, 3, or 4;

4. A person who commits an act specified in Article 21 (1) 1 (b) or 21 (1) 2.


Article 40 (Penalty Provisions)

Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won:

1. A person who installs or alters discharging facilities, etc. (limited to waste disposal facilities, as defined in subparagraph 2 (k) of Article 2) or who engages in a business using such discharging facilities, etc., without permission or permission for modification issued under Article 6 or with permission or permission for modification obtained by fraud;

2. A person who fails to comply with an order issued under Article 14 (1) or (2) to make improvements or to discontinue the use of a facility (limited to cases where persistent organic pollutants defined in subparagraph 1 (g) of Article 2 are discharged in excess of permissible discharge standards);

3. A person who fails to comply with an order issued under Article 14 (2) to discontinue the operation of a facility (limited to where malodor is discharged in excess of permissible discharge standards for malodor defined in subparagraph 1 (f) of Article 2);

4. A person who fails to comply with an order issued under the latter part of Article 21 (3) to suspend the operation of a facility or to discontinue the use of a facility.


Article 41 (Penalty Provisions)

Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won:

1. A person who discharges persistent organic pollutants defined in subparagraph 1 (g) of Article 2 in excess of the permissible discharge standards established under Article 8 (1);

1-2. A person who conducts agency business for integrated permission without filing for registration thereof under Article 11-2 (1);

1-3. A person who files for registration under Article 11-2 (1) by fraud or other improper means;

1-4. A person who falsely prepares documents, etc. for integrated permission or materials that are the basis of preparing such documents, etc., in violation of Article 11-4 (1) 1 or (2) 1;

1-5. A person who fails to retain documents, etc. for integrated permission and materials that are the basis of preparing such documents, etc., in violation of Article 11-4 (1) 2 or (2) 2;

1-6. A person who requests an agent for integrated permission to falsely prepare documents, etc. for integrated permission, materials that are the basis of preparing such documents, etc., and the results of predicting and analyzing the impact of discharge, or to insufficiently prepare important materials affecting permission, permission for modification, or report on modification under Article 6 such as by omitting the materials in violation of Article 11-4 (2) 3;

2. A person who violates the standards for the installation and management of discharging facilities, etc. and prevention facilities and measures therefor under Article 21 (2) 1 (excluding cases falling under Article 47 (6) 3).


Article 42 (Penalty Provisions)

Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won:

1. A person who installs or alters discharging facilities, etc. or who engages in a business using such discharging facilities, etc., without permission or permission for modification issued under Article 6 or with permission or permission for modification obtained by committing fraud;

2. A person who fails to comply with an order issued under Article 14 (2) to suspend the operation of a facility (limited to where a person makes noise or vibration defined in subparagraph 1 (d) of Article 2 in excess of permissible discharge standards for noise and vibration);

3. A person who fails to comply with an order issued under Article 20 (4);

4. A person who lends his or her registration certificate or name to other persons, in violation of Article 11-4 (1) 3;

5. A person who subcontracts affairs related to the preparation of documents, etc. for integrated permission to other persons, or to be subcontracted by other persons to perform such affairs, in violation of Article 11-4 (1) 4;

6. A person who divulges or illegally uses confidential information, in violation of Article 11-11.


Article 43 (Penalty Provisions)

Any of the following persons shall be punished by a fine not exceeding five million won:

1. A person who fails to comply with an order issued under Article 20 (3);

2. A person who denies, interferes with, or evades public officials' entrance and inspection under Article 30 (1).


Article 44 (Penalty Provisions)

Any person who fails to comply with an order of improvement issued under Article 14 (1) (limited to where malodor defined in subparagraph 1 (f) of Article 2 is emitted in excess of permissible discharge standards) shall be punished by a fine not exceeding three million won.


Article 45 (Penalty Provisions)

Any of the following persons shall be punished by a fine not exceeding one million won:

1. A person who fails to install measuring instruments under the main clause of Article 19 (1) (limited to the persons who fails to install a watt-hour meter or an integrating flow meter for ascertaining whether water pollutants defined in subparagraph 1 (e) of Article 2 meet permissible discharge standards);

2. A person who interferes with the performance of duties of an integrated environmental manager or fails to comply with the request of an integrated environmental manager without good cause, in violation of Article 21-3 (3);

[Enforcement Date: Jan. 1, 2025] Of the amended provisions of subparagraph 2 of Article 45 if the business operator is a small or medium entrepreneur provided in the subparagraphs of Article 2 (1) of the Framework Act on Small and Medium Enterprises.


Article 46 (Joint Penalty Provisions)

If the representative of a corporation or an agent, employee, or servant who works for a corporation or for an individual commits an offense in violation of any provision of Articles 38 through 45 in connection with the business of the corporation or individual, not only such offender shall be punished accordingly, but the corporation or individual also shall be punished by the fine specified in the relevant Article: Provided, That the foregoing shall not apply where the corporation or individual has not neglected due care and supervision over the relevant business to prevent such offense.


Article 47 (Administrative Fines)

(1) Any of the following persons shall be subject to an administrative fine of not more than 15 million won:

    1. A person who breaches any of the conditions of permission under Article 6 (3);

    2. A person who breaches any of the standards for the measurement and survey of pollutants, etc. under Article 21 (2) 2.

(2) Any of the following persons shall be subject to an administrative fine not exceeding 10 million won:

    1. A person who fails to file a report on modification under the proviso of Article 6 (2);

    2. A person who insufficiently prepares documents, etc. for integrated permission or materials that are the basis of preparing such         documents, etc., in violation of Article 11-4 (1) 1 or (2) 1.

(3) Any of the following persons shall be subject to an administrative fine not exceeding seven million won:

    1. A person who fails to appoint an integrated environmental manager under Article 21-2 (1) or (4);

    2. A person who fails to file a report on the appointment, dismissal, or retirement of an integrated environmental manager,                  in violation of Article 21-2 (4);

    3. A person who fails to designate an agent, in violation of Article 21-2 (5) or 21-4 (3);

    4. A person who fails to submit a report or data in accordance with Article 30 (1) or submits false reports or data;

    5. A person who fails to make or keep records of the matters under the subparagraphs of Article 32 or who makes false records           of such matters.

(4) Any of the following persons shall be subject to an administrative fine of not more than five million won:

    1. A person who commits an act referred to in Article 20 (1) 2;

    2. A person who fails to observe the standards for the operation and management of measuring instruments under Article 20 (2);

    3. A person who fails to measure pollutants, fails to make and keep records of outcomes of measurement, or makes and keeps          false records of such outcomes, in violation of Article 31 (1);

    4. A person who revises important matters without filing for registration of revision, in violation of the latter part of Article 11-2 (1);

    5. A person who fails to file a report on succession to rights and obligations, in violation of Article 11-5 (2);

    6. A person fails to report performance records of agency service, in violation of Article 11-9 (1).

(5) Any of the following persons shall be subject to an administrative fine not exceeding three million won:

    1. A person who fails to submit an annual report under Article 33 (1) or prepares and submits a false annual report;

    2. An agent for integrated permission who fails to require education and training under Article 11-10 (2) without good reason;

    3. A person who fails to bear expenses, in violation of Article 11-10 (3);

    4. A person who gives any disadvantage to technical persons providing agency service for integrated permission by reason of            bearing expenses, in violation of Article 11-10 (4).

(6) Any of the following persons shall be subject to an administrative fine not exceeding two million won:

    1. A person who makes noise or vibration defined in subparagraph 1 (d) of Article 2 in excess of the permissible discharge               standards established under Article 8 (1);

    2. A person who commits an act specified in Article 21 (1) 1 (c) or (d);

    3. A person who transports any particulate material, such as cement, coal, soil, animal feed, and scrapped metal, in violation of         the standards for the establishment and management of discharging facilities, etc. and prevention facilities and measures              therefor under Article 21 (2) 1;

    4. A business operator who fails to require an integrated environmental manager to receive continuing education or to bear               expenses incurred therein, in violation of Article 21-4 (4).

(7) Administrative fines prescribed in paragraphs (1) through (6) shall be imposed and collected by the Minister of Environment, as prescribed by Presidential Decree.

[Enforcement Date: Jan. 1, 2025] Of the amended provisions of Articles 47 (3) 1, 47 (3) 2, 47 (3) 3, and 47 (6) 4 if the business operator is a small or medium entrepreneur provided in the subparagraphs of Article 2 (1) of the Framework Act on Small and Medium Enterprises.


ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force on 1/1/2017.


Article 2 (Preparations for Enforcement of the Act)

(1) If the Minister of Environment deems it necessary for the enforcement of this Act, he or she may form and operate technical workplace teams under Article 24 (5) before this Act enters into force.

(2) If the Minister of Environment deems it necessary for the enforcement of this Act, he or she may conduct a fact-finding survey under Article 25 before this Act enters into force.

(3) If the Minister of Environment deems it necessary for the enforcement of this Act, he or she may designate a specialized environmental assessment institute under Article 29.


Article 3 (Applicability to Integrated Permission)


Article 6 shall apply to the applications filed for permission after this Act enters into force.


Article 4 (Transitional Measures concerning Installers and Operators of Existing Discharging Facilities and Prevention Facilities)

(1) Any person who operates a business establishment specified in any subparagraph of Article (6) 1 for any of the types of business specified by Presidential Decree (hereinafter referred to as "existing business operator"), among the persons who has obtained permission or approval or has filed a report in accordance with the Act referred to in any subparagraph of Article 10 (1) as at the time Act enters into force, shall obtain the permission under Article 6 (1) within four years after the applicable date for the relevant type of business under the latter part, with the exception of the subparagraphs, of Article 6 (1). In such cases, for a person who has obtained permission early under Article 6 (1), the interval of review of conditions of permission or permissible discharge standards under the former part of Article 9 (1) may be extended by up to three years or other administrative support may be provided, as prescribed by Ordinance of the Ministry of Environment.

(2) Where there is no change in discharging facilities, etc. and prevention facilities when permission is obtained under Article 6 (1) in accordance with paragraph (1), the matters specified by Presidential Decree, among the matters that shall be described in the plan for integrated environmental control under Article 6 (4), may be omitted.

(3) Where any person who has obtained permission issued under paragraph (1) violates the Act referred to in any subparagraph of Article 10 (1) concerning the permission for or the approval or reporting of discharging facilities, etc. and prevention facilities before issuing the permission, the permission may be revoked or suspended under the relevant Act on the ground of such violation.

(4) Where an existing business operator fails to obtain permission under Article 6 (1) within the period specified in paragraph (1), the Minister of Environment shall order the suspension of use or closure of discharging facilities, etc. and prevention facilities operated by such existing business operator within six months, according to the following classification:

    1. Where he or she fails to obtain permission under Article 6 (1) within the period prescribed in paragraph (1): Suspension of use          for three months;

    2. Where he or she fails to obtain permission under Article 6 (1) within the period of the suspension of use prescribed in                   subparagraph 1: Suspension of use for six months;

    3. Where he or she fails to obtain permission under Article 6 (1) within the period of the suspension of use prescribed in                   subparagraph 2: An order for closure.

(5) Where the Minister of Environment shall order the suspension of use pursuant to paragraph (4) but the suspension of use is likely to significantly undermine residents' lives, the national economy such as the nation's international credit rating, employment, and prices, or the public interest, he or she may impose a penalty surcharge not exceeding one billion won in lieu of the suspension of use. In such cases, Article 23 (3) and (4) shall apply mutatis mutandis.

(6) Where the suspension of use is ordered under paragraph (4) or a penalty surcharge is imposed in lieu of the suspension of use under paragraph (5), discharging facilities, etc. and prevention facilities subject thereto shall be governed by the Acts prescribed in the subparagraphs of Article 10 (1) during the period of the suspension of use. In such cases, subparagraph 1 of Article 38, subparagraph 1 of Article 40, and subparagraph 1 of Article 42 shall not apply.

(7) Amounts of penalty surcharges based on the type, severity, etc. of violations under paragraph (5), and other necessary matters shall be prescribed by Presidential Decree.

[Enforcement Date: Jul. 1, 2021] Article 4 (1), (4), (5), (6), and (7)


Article 5 Omitted.


ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)


Articles 2 through 5 Omitted.


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.


ADDENDUM

This Act shall enter into force on 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.)


Article 10 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 10 Omitted.


ADDENDUM

This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of 

Article 15 (4) 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 on July 1, 2021: Provided, That the amended provisions of Article 6 (5) through (7) shall enter into force on the date of its promulgation.


Article 2 (Transitional Measures concerning Registration of Agency Business for Integrated Permits)

Notwithstanding the amended provisions of Article 11-2 (1), any person who conducts agency business for integrated permits as at the time this Act enters into force may continue to conduct such business without filing for registration thereof under the same amended provisions for up to six months from the enforcement date of this Act.


Article 3 (Transitional Measures concerning Incompetents)

A person under adult guardianship under the amended provisions of subparagraph 1 of Article 11-3 shall be deemed to include a person in whose case the effect of declaration as incompetency remains valid, in accordance with Article 2 of the Addenda to the Civil Act (Act No. 10429).


ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 3 (3), Articles 21-2 through 21-5, 22 (1) 15, 35 (2) 3-2, subparagraph 1 of Article 36, subparagraph 2 of Article 45, Article 47 (3) 1 through 3, and Article 47 (6) 4 shall enter into force on January 1, 2024, but if the business operator is a small and medium entrepreneur provided in the subparagraphs of Article 2 (1) of the Framework Act on Small and Medium Enterprises, the amended provisions shall enter into force on January 1, 2025.


Article 2 (Transitional Measures concerning Existing Business Establishments subject to Integrated Control)

(1) An environmental engineer appointed at a business establishment subject to integrated control in accordance with Article 40 (1) of the Clean Air Conservation Act, Article 47 (1) of the Water Environment Conservation Act, and Article 19 (1) of the Noise and Vibration Control Act as at the time of enforcement date under the proviso of Article 1 of the Addenda shall be deemed an integrated environmental manager appointed under the amended provisions of Article 21-2 (1) of this Act: Provided, That if a person fails to complete the curricula provided in the amended provisions of Article 21-2 (3) within two years from the enforcement date prescribed in the proviso of Article 1 of the Addenda, he or she shall lose his or her qualification as an integrated environmental manager from the following day.

(2) A person who has appointed an environmental engineer deemed to be an integrated environmental manager under paragraph (1) as at the time of the enforcement date prescribed in that paragraph shall file a report on the appointment of the integrated environmental manager within 30 days of the date of the enforcement date under the amended provisions of Article 21-2 (4).


ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation.


Article 2 (Applicability to Conditions of Permission)

The amended provisions of Article 6 (3) shall begin to apply where permission under paragraph (1) of that Article or permission for modification under paragraph (2) of that Article is granted after this Act enters into force.


Article 3 (Applicability to Review on Conditions of Permission or Permissible Discharge Standards in Relation to Permission for Modification)

The amended provisions of Article 9 shall begin to apply where applications for permission for modification are filed under Article 6 (2) after this Act enters into force.


[source: Korea Lwa Translation Center, https://elaw.klri.re.kr/kor_service/lawView.do?lang=ENG&hseq=63717]