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Enforcement Decree of the Framework Act on Carbon Neutrality and Green Growth for Coping with Climate Crisis
  • Date2023-07-07 10:49
  • TypeLaw
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ENFORCEMENT DECREE OF THE FRAMEWORK ACT ON CARBON NEUTRALITY AND GREEN GROWTH FOR COPING WITH CLIMATE CRISIS

 

 

 


Presidential Decree No. 32557, Mar. 25, 2022

Lastly Amended by Presidential Decree No. 32913, Sep. 20, 2022

 

 

 

CHAPTER I GENERAL PROVISIONS

 

Article 1 (Purpose)

The purpose of this Decree is to prescribe matters mandated by the Framework Act on Carbon Neutrality and Green Growth for Coping with Climate Crisis and matters necessary for the enforcement thereof.

 

CHAPTER II NATIONAL VISION AND GREENHOUSE GAS REDUCTION TARGETS

 

Article 2 (Formulation and Modification of National Strategy for Carbon Neutrality)

(1) The Minister of Environment shall assist with the affairs related to the formulation and modification of a national strategy for carbon neutrality and green growth (hereinafter referred to as "national strategy for carbon neutrality") under Article 7 (2) and (5) of the Framework Act on Carbon Neutrality and Green Growth for Coping with Climate Crisis (hereinafter referred to as the "Act").

(2) If necessary to support the duties related to the formulation and modification of the national strategy for carbon neutrality under paragraph (1), the Minister of Environment may request the heads of the relevant central administrative agencies, the heads of local governments, and the heads of public institutions referred to in Article 4 of the Act on the Management of Public Institutions (hereinafter referred to as "public institution") to submit relevant data.

(3) "Where minor matters prescribed by Presidential Decree are modified" in the proviso of Article 7 (4) of the Act means a partial modification of the details of sectoral strategies or key tasks referred to in paragraph (2) 2 of that Article within the scope of the policy objectives, or the modification of an organizing institution or related institution.

 

Article 3 (National Mid- and Long-Term Greenhouse Gases Reduction Targets)

(1) "Ratio prescribed by Presidential Decree" in Article 8 (1) of the Act means 40 percent.

(2) The Minister of Environment shall exercise general supervision over and coordinate the affairs regarding the setting and modification of the national mid- to long-term greenhouse gas reduction targets, sectoral greenhouse gas reduction targets, and annual greenhouse gas reduction targets under Article 8 (1) through (3) of the Act (hereinafter referred to as "mid- to long-term greenhouse gas reduction targets, etc.").

(3) Where the Government sets, modifies, or resets the mid- to long-term greenhouse gas reduction targets, etc. pursuant to Article 8 (1) through (4) of the Act, it shall bring the case for deliberation to the Carbon Neutrality and Green Growth Commission referred to in Article 15 (1) of the Act.

(4) Where the Government sets, modifies, or resets the mid- to long-term greenhouse gas reduction targets, etc. pursuant to Article 8 (1) through (4) of the Act, it may take into account the greenhouse gas reduction performance achieved by utilizing carbon sinks, etc. under Article 33 (1) of the Act and the international mitigation outcomes, etc. under the main clause of Article 35 (3) of the Act.

(5) When the head of a central administrative agency formulates or modifies the following plans, he or she shall comply with the mid- to long-term greenhouse gas reduction targets, etc.:

1. A national framework plan for carbon neutrality and green growth under Article 10 (1) of the Act;

2. A master plan for electricity supply and demand under Article 25 (1) of the Electric Utility Act;

3. A comprehensive national land plan under Article 9 (1) of the Framework Act on the National Land;

4. A central basic plan for sustainable development under Article 7 of the Sustainable Development Act;

5. A master plan for the promotion of technological development, use, and distribution of new and renewable energy under Article 5 (1) of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy;

6. A national core transport network plan under Article 4 (1) of the National Transport System Efficiency Act;

7. A master plan for implementing the hydrogen economy under Article 5 (1) of the Hydrogen Economy Promotion and Hydrogen Safety Management Act;

8. A plan to develop agriculture, rural communities, and the food industry under Article 14 (1) of the Framework Act on Agriculture, Rural Community and Food Industry;

9. A master plan for resources circulation under Article 11 (1) of the Framework Act on Resources Circulation;

10. A master plan for green buildings under Article 6 (1) of the Green Buildings Construction Support Act;

11. A comprehensive plan for the improvement of carbon sinks under Article 5 (1) of the Act on the Management and Improvement of Carbon Sink;

12. Other major plans selected by the chairperson of the Carbon Neutrality and Green Growth Commission under Article 15 (1) of the Act, following a resolution by the Carbon Neutrality and Green Growth Commission under that paragraph.

 

Article 4 (Inspection of Current Status of Implementation)

(1) The chairperson of the Carbon Neutrality and Green Growth Commission under Article 15 (1) of the Act shall formulate an inspection plan each year to inspect the current status of implementation under Article 9 (1) of the Act.

(2) An inspection of the current status of implementation under Article 9 (1) of the Act shall be conducted in writing, but if necessary, it may be conducted as a field inspection.

(3) The Minister of Environment shall assist with affairs related to the inspection of the current status of implementation under Article 9 (1) of the Act.

(4) If necessary to inspect the current status of implementation under Article 9 (1) of the Act and to prepare a report on the inspection results, the chairperson of the Carbon Neutrality and Green Growth Commission under Article 15 (1) of the Act may request the heads of relevant administrative agencies to submit relevant data.

(5) The chairperson of the Carbon Neutrality and Green Growth Commission under Article 15 (1) of the Act shall publish the report on the inspection results prepared pursuant to Article 9 (1) of the Act on the website of the Carbon Neutrality and Green Growth Commission under that paragraph, following deliberation by the Carbon Neutrality and Green Growth Commission under Article 15 (1) of the Act.

(6) “Other matters prescribed by Presidential Decree" in Article 9 (2) of the Act means the following matters:

1. Results of seeking opinions from interested parties about the current status of implementation of annual greenhouse gas reduction targets under Article 8 (3) of the Act (hereinafter referred to as "annual reduction target");

2. Matters deemed by the chairperson of the Carbon Neutrality and Green Growth Commission under Article 15 (1) of the Act as necessary to ascertain the current status of implementation of the annual reduction targets.

(7) Except as provided in paragraphs (1) through (6), matters necessary for an inspection of the current status of implementation of annual reduction targets shall be determined by the chairperson of the Carbon Neutrality and Green Growth Commission under Article 15 (1) of the Act, following a resolution by the Carbon Neutrality and Green Growth Commission under that paragraph.

 

CHAPTER III FORMULATION OF NATIONAL FRAMEWORK PLAN FOR CARBON NEUTRALITY AND GREEN GROWTH

 

Article 5 (Formulation and Implementation of National Framework Plan for Carbon Neutrality and Green Growth)

(1) Where the Government formulates or modifies a national framework plan for carbon neutrality and green growth referred to in Article 10 (1) of the Act (hereinafter referred to as "national framework plan for carbon neutrality") pursuant to Article 10 (1) and (3) of the Act, it shall hear the opinion of relevant experts, citizens, and interested parties, etc. by holding a public hearing and others before submitting the formulated or modified plan for deliberation by the Carbon Neutrality and Green Growth Commission under Article 15 (1) of the Act.

(2) “Other matters prescribed by Presidential Decree” in Article 10 (2) 11 of the Act means the following:

1. Matters regarding linkage with policies in relation to the transition to a carbon neutral society and promotion of green growth in each sector, including agriculture, livestock, fisheries, industry, energy, power generation, environment, waste, land, building, transportation, oceans, small and medium enterprises, and forestry;

2. Analysis of economic effects according to the greenhouse gas reduction targets and measures for greenhouse gas reduction;

3. Objectives, principles, and implementation plans of international mitigation projects under Article 35 (1) of the Act;

4. Other matters resolved by the Carbon Neutrality and Green Growth Commission referred to in Article 15 (1) of the Act as deemed necessary to be included in the national framework plan for carbon neutrality for the transition to a carbon neutral society and promotion of green growth.

(3) "Where minor matters prescribed by Presidential Decree are modified" in the proviso of Article 10 (3) of the Act means the following cases:

1. Where the matters referred to in Article 10 (2) 2 and 3 of the Act are partially modified, reflecting the changes in domestic or foreign conditions;

2. Where the details of sectoral or annual measures referred to in Article 10 (2) 4 of the Act are partially modified within the scope of policy objectives or organizing institutions or related institutions are modified, which do not affect the essential content of the national framework plan for carbon neutrality.

 

Article 6 (Formulation of City/Do Plans for Carbon Neutrality)

(1) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, and a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") shall formulate or modify a City/Do master plan for carbon neutrality and green growth under Article 11 (1) of the Act (hereinafter referred to as “City/Do plan for carbon neutrality”), within six months from the date of formulation or modification (excluding modification of minor matters under the proviso of Article 10 (3) of the Act) of the national master plan for carbon neutrality.

(2) Where a Mayor/Do Governor formulates or modifies a City/Do plan for carbon neutrality pursuant to paragraph (1), he or she shall hear the opinion of the head of the competent Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply), local residents, relevant experts, and interested parties before submitting the plan for deliberation by a Local Carbon Neutrality and Green Growth Commission under Article 22 (1) of the Act (hereinafter referred to as “local commission").

(3) "Where minor matters prescribed by Presidential Decree are modified” in the proviso of Article 11 (3) of the Act means the following cases:

1. Where the matters referred to in Article 11 (2) 1 of the Act are partially modified, reflecting the changes in domestic and international conditions;

2. Where the sectoral and annual implementation measures under Article 11 (2) 2 of the Act are partially modified or the organizing institution or a related institution is modified within the scope of policy objectives, which do not affect the essential content of the City/Do plans for carbon neutrality (referring to the Si/Gun/Gu master plans for carbon neutrality and green growth under Article 12 (1) of the Act, in cases applied mutatis mutandis pursuant to Article 12 (2) of the Act).

(4) A Mayor/Do Governor shall submit a City/Do plan for carbon neutrality to the Minister of Environment within one month from the date of formulation or modification of the City/Do plan for carbon neutrality pursuant to Article 11 (4) of the Act, and the Minister of Environment shall compile the City/Do plans for carbon neutrality submitted and report such compilation to the Carbon Neutrality and Green Growth Commission within three months from the date of receiving all of the City/Do plans for carbon neutrality.

(5) The heads of the relevant central administrative agencies may provide administrative and financial support to promote sectoral policies for carbon neutrality of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, and a Special Self-Governing Province (hereinafter referred to as "City/Do") pursuant to Article 11 (5) of the Act.

(6) The Minister of Environment may provide the following support pursuant to Article 11 (5) of the Act:

1. Support, such as preparation and offering of guidelines for the formulation of a City/Do plan for carbon neutrality;

2. Consulting on the preparation of sectoral implementation strategies for a City/Do plan for carbon neutrality;

3. Education and training to facilitate the implementation of a City/Do plan for carbon neutrality and support for the establishment of the relevant information system.

(7) Except as provided in paragraphs (1) through (6), matters necessary for the formulation or modification of a City/Do plan for carbon neutrality shall be prescribed by ordinance of the competent City/Do.

 

Article 7 (Formulation of Si/Gun/Gu Plans for Carbon Neutrality)

(1) The head of a Si/Gun/Gu shall formulate or modify a Si/Gun/Gu master plan for carbon neutrality and green growth under Article 12 (1) of the Act (hereinafter referred to as "Si/Gun/Gu plan for carbon neutrality") after consultation with the competent Mayor/Do Governor, within six months from the date a City/Do plan for carbon neutrality is formulated or modified (excluding cases where minor matters are modified pursuant to the proviso of Article 11 (3) of the Act).

(2) Where the head of a Si/Gun/Gu formulates or modifies a Si/Gun/Gu plan for carbon neutrality pursuant to paragraph (1), he or she shall hear the opinion of local residents, related experts, and interested parties before submitting it for deliberation by the relevant local commission.

(3) The head of a Si/Gun/Gu shall submit a Si/Gun/Gu plan for carbon neutrality to the Minister of Environment and the competent Mayor/Do Governor pursuant to Article 12 (3) of the Act within one month from the date the Si/Gun/Gu plan for carbon neutrality is formulated or modified, and the Minister of Environment shall compile the Si/Gun/Gu plans for carbon neutrality submitted and report the compilation to the Carbon Neutrality and Green Growth Commission under Article 15 (1) of the Act within three months from the date of receiving all of the Si/Gun/Gu plans for carbon neutrality.

(4) The head of the relevant central administrative agency may provide administrative and financial support to facilitate the implementation of sectoral policies for carbon neutrality of a Si/Gun/Gu (a Gu refers to an autonomous Gu; hereinafter the same shall apply) pursuant to Article 12 (4) of the Act.

(5) The Minister of Environment may provide the following support pursuant to Article 12 (4) of the Act:

1. Support, such as preparation and offering of guidelines for the formulation of a Si/Gun/Gu plan for carbon neutrality;

2. Consulting on the preparation of sectoral implementation strategies for a Si/Gun/Gu plan for carbon neutrality;

3. Education and training to facilitate the implementation of a Si/Gun/Gu plan for carbon neutrality and support for the establishment of the relevant information system.

(6) Except as provided in paragraphs (1) through (5), matters necessary for the formulation or modification of a Si/Gun/Gu plan for carbon neutrality shall be prescribed by ordinance of the competent Si/Gun/Gu.

 

Article 8 (Inspection of Implementation Progress of National Framework Plan for Carbon Neutrality)

(1) The chairperson of the Carbon Neutrality and Green Growth Commission under Article 15 (1) of the Act shall formulate a plan every year to inspect the implementation progress of the national framework plan for carbon neutrality and its major achievements pursuant to Article 13 (1) of the Act.

(2) The chairperson of the Carbon Neutrality and Green Growth Commission under Article 15 (1) of the Act may request the head of the relevant administrative agency to submit relevant data, if necessary to conduct an inspection under Article 13 (1) of the Act.

(3) The chairperson of the Carbon Neutrality and Green Growth Commission under Article 15 (1) of the Act may request the Government to reflect the inspection results of the implementation progress of the national framework plan for carbon neutrality under Article 13 (1) of the Act in the public service evaluation under the Framework Act on Public Service Evaluation.

(4) The chairperson of the Carbon Neutrality and Green Growth Commission under Article 15 (1) of the Act shall disclose a report on the inspection results under Article 13 (1) of the Act on the website of the Carbon Neutrality and Green Growth Commission under Article 15 (1) of the Act, after deliberation by the Carbon Neutrality and Green Growth Commission under that paragraph.

(5) Pursuant to Article 13 (2) of the Act, a Mayor/Do Governor shall submit to the Minister of Environment a report on the inspection results of the implementation progress of City/Do plans for carbon neutrality and their major achievements by May 31 of each year, and the head of a Si/Gun/Gu shall submit a report on the inspection results of the implementation progress of Si/Gun/Gu plans for carbon neutrality and their major achievements by May 31 of each year to the Minister of Environment and the competent Mayor/Do Governor, respectively.

(6) The Minister of Environment may provide support with matters necessary for the preparation of a report on the inspection results of the implementation progress and major achievements of City/Do plans for carbon neutrality and Si/Gun/Gu plans for carbon neutrality.

(7) The Minister of Environment shall prepare a report on the inspection results by compiling the City/Do and Si/Gun/Gu inspection reports submitted pursuant to paragraph (5), and shall file the report with the Carbon Neutrality and Green Growth Commission under Article 15 (1) of the Act by July 31 of each year.

(8) The Minister of Environment shall assist with the duties of the chairperson of the Carbon Neutrality and Green Growth Commission under Article 15 (1) of the Act, relating to the inspection, etc. of the implementation progress and major achievements of the national framework plan for carbon neutrality, City/Do plans for carbon neutrality, and Si/Gun/Gu plans for carbon neutrality under Article 13 (1) and (2) of the Act.

(9) Except as provided in paragraphs (1) through (8), the chairperson of the Carbon Neutrality and Green Growth Commission under Article 15 (1) of the Act shall prescribe matters necessary for the inspection of the implementation progress and major achievements of the national framework plan for carbon neutrality, etc., following resolution by the Carbon Neutrality and Green Growth Commission under that paragraph.

 

Article 9 (Notification Following Enactment of and Amendment to Statutes or Regulations)

(1) The statutes or regulations, the details of which shall be notified by the head of a central administrative agency to the Carbon Neutrality and Green Growth Commission under Article 15 (1) of the Act pursuant to Article 14 (1) of the Act, shall be the statutes or regulations related to the reduction of greenhouse gas emissions or adaptation to climate crisis.

(2) The type of the mid- to long-term administrative plans, the details of which shall be notified by the head of a central administrative agency to the Carbon Neutrality and Green Growth Commission under Article 15 (1) of the Act pursuant to Article 14 (1) of the Act, shall be as specified in attached Table 1.

(3) The timing for which the head of a central administrative agency shall notify the Carbon Neutrality and Green Growth Commission under Article 15 (1) of the Act of the details of the statues and regulations, etc. pursuant to Article 14 (1) of the Act shall be classified as follows:

1. Statutes or regulations that contain the details affecting the national vision: When a draft statute or regulation is sent to the head of a relevant agency pursuant to Article 11 of the Regulations on Management of Legislative Affairs;

2. Mid- to long-term administrative plans related to the national framework plan for carbon neutrality: Prior to formulation or modification of the mid- to long-term administrative plans (referring to the period before conducting consultation with the relevant agencies or before undergoing deliberation by the Commission, etc., where the statutes or regulations governing the relevant plans prescribe that the relevant plan is subject to consultation with relevant agencies or deliberation by the Commission, etc. prescribed in the same statutes and regulations).

(4) Municipal ordinances and administrative plans, the details of which shall be notified by the heads of local governments to the Carbon Neutrality and Green Growth Commission under Article 15 (1) of the Act and a local commission pursuant to Article 14 (2) of the Act shall be classified as follows:

1. A municipal ordinance that contains content affecting the national vision: A municipal ordinance related to greenhouse gas reduction or adaptation to climate crisis among the municipal ordinances related to administrative plans specified in attached Table 1-2;

2. An administrative plan related to a City/Do plan for carbon neutrality or a Si/Gun/Gu plan for carbon neutrality: An administrative plan specified in attached Table 1-2.

(5) The timing of notification of the content of municipal ordinances, etc. by the head of a local government to the Carbon Neutrality and Green Growth Commission under Article 15 (1) of the Act and a local commission pursuant to Article 14 (2) of the Act shall be according to the following classifications:

1. A municipal ordinance under paragraph (4) 1: Within three days from the date of commencement of the pre-announcement of legislation of the relevant municipal ordinance;

2. An administrative plan under paragraph (4) 2: Prior to establishing or modifying an administrative plan.

(6) Upon receipt of notification under Article 14 (1) or (2) of the Act, the Carbon Neutrality and Green Growth Commission under Article 15 (1) of the Act or a local commission shall notify the head of the relevant central administrative agency or the head of the relevant local government of the results of examination, within 30 days from the date of receipt of notification pursuant to Article 14 (3) of the Act: Provided, That the period may be extended by up to 30 days, if it is impossible to give notification within 30 days due to any unavoidable reason.

 

CHAPTER IV CARBON NEUTRALITY AND GREEN GROWTH COMMISSION

 

Article 10 (Duties of Chairperson of Carbon Neutrality and Green Growth Commission)

The two chairpersons (hereinafter referred to as "chairperson") of the Carbon Neutrality and Green Growth Commission under Article 15 (1) of the Act (hereinafter referred to as the "Commission") shall represent the Commission, respectively, and exercise general supervision over its affairs.

 

Article 11 (Composition of the Commission)

(1) "Public officials prescribed by Presidential Decree" in Article 15 (4) 1 of the Act means the Minister of Education, the Minister of Foreign Affairs, the Minister of Unification, the Minister of the Interior and Safety, the Minister of Culture, Sports and Tourism, the Minister of Agriculture, Food and Rural Affairs, the Minister of Health and Welfare, the Minister of Employment and Labor, the Minister of Gender Equality and Family, the Minister of Oceans and Fisheries, the Minister of SMEs and Startups, the Chairperson of the Korea Communications Commission, the Chairperson of the Financial Services Commission, the Administrator of the Korea Forest Service, and the Administrator of the Korea Meteorological Administration.

(2) A Commission member newly commissioned to fill a vacancy arising from decommission of a Commission member under Article 15 (4) 2 of the Act (hereinafter referred to as “commissioned member”) shall serve for the remaining term of office of his or her predecessor.

(3) Commissioned members may perform their duties despite the expiration of their terms under Article 15 (8) of the Act, until their successors are commissioned.

(4) The President may dismiss a commissioned member, if he or she falls under any of the following cases:

1. If the member becomes incapable of performing his or her duties due to mental or physical disability;

2. If the member is found to commit any misconduct in the course of performing his or her duties;

3. If the member is deemed unsuitable as the Commission member due to neglect of duties, injury to dignity, or any other reasons;

4. If the member fails to refrain although he or she falls under any subparagraph of Article 18 (1) of the Act;

5. If the member states that he or she finds it difficult to perform his or her duties.

 

Article 12 (Deliberation by the Commission)

(1) In order to assist with deliberation under the subparagraphs of Article 16 of the Act, the Commission may designate relevant specialized institutions by sector, such as agriculture, livestock, fisheries, industry, energy, power generation, environment, wastes, land, buildings, transportation, and maritime affairs.

(2) The effective period of designation of a specialized institution designated pursuant to paragraph (1) shall be three years, yet the Commission may renew the effective period of designation of the specialized institution before the relevant period expires.

 

Article 13 (Meetings)

(2) "Cases prescribed by Presidential Decree" in the proviso of Article 17 (2) of the Act means the following cases:

1. Where there is lack of time to hold a meeting attended by the Commission members due to urgency;

2. Cases deemed specially necessary by the chairperson of the Commission, such as where it is difficult to achieve a quorum for the meeting by attendance of the Commission members due to an act of God or any other unavoidable cause.

(2) Matters regarding the methods and procedures for disclosing a meeting of the Commission or grounds for non-disclosure shall be determined by the chairperson of the Commission after resolution by the Commission.

 

Article 14 (Operation of Secretariat)

(1) The secretary general of the secretariat established under the jurisdiction of the Commission pursuant to Article 21 (1) of the Act (hereinafter referred to as "secretariat") shall be a public official in political service under the jurisdiction of the Office for Government Policy Coordination who is appointed by the Minister for Government Policy Coordination, and shall exercise general supervision over the affairs of the secretariat.

(2) If it is necessary to operate the Commission and perform the duties of the secretariat, the Commission may request secondment or concurrent service of public officials belonging to the relevant central administrative agencies or local governments, or executive officers, employees, etc. belonging to the public institutions, relevant agencies, organizations, or research institutes.

(3) If it is necessary for the operation of the secretariat, the Commission may appoint an expert in the relevant fields, such as agriculture, livestock, fisheries, industry, energy, power generation, environment, wastes, land, building, transportation, and oceans, as a public official in a fixed term position under Article 26-5 of the State Public Officials Act, within the budget.

(4) The commissioned members of the Commission and the sub-commissions, special commissions, and specialized commissions under Article 19 of the Act, relevant experts, citizens who have participated in the process of gathering consensus, interested parties, etc. or employees, etc. who are not public officials may be paid allowances, travel expenses, and other necessary expenses: Provided, That no expenses shall be paid to a public official who attends a meeting of the Commission in direct relation with his or her own duties.

 

CHAPTER V GREENHOUSE GAS REDUCTION POLICY MEASURES

 

Article 15 (Climate Change Impact Assessment)

(1) "Plan or development project prescribed by Presidential Decree, such as a project emitting a massive amount of greenhouse gases" in Article 23 (1) of the Act means the plans and development projects listed in attached Table 2.

(2) The head of the relevant administrative agency who intends to formulate a plan subject to a climatic change impact assessment under Article 23 (1) of the Act (hereinafter referred to as "climate change impact assessment") shall conduct a climatic change impact assessment, taking into account the following matters:

1. The current status of the statutes or regulations, systems, major policy measures, etc. related to climate change;

2. Coherence between international agreements and national vision related to climate change;

3. Impacts on climate change and greenhouse gas mitigation measures;

4. Impacts expected from climate change and adaptation measures.

(3) A business entity who intends to implement a development project subject to climate change impact assessment shall conduct a climate change impact assessment in consideration of the following matters:

1. The current status of the statutes or regulations, systems, major policy measures, etc. related to climate change;

2. Coherence between relevant plans, such as City/Do plans for carbon neutrality, and Si/Gun/Gu plans for carbon neutrality;

3. The greenhouse gas emissions expected from implementation of development projects and its mitigation measures;

4. Assessment of the impacts of climate change on development projects and its risk;

5. Greenhouse gas emission sources and carbon sinks;

6. Adaptation measures for climate crisis and post-management plans for development projects.

(4) Except as provided in paragraphs (2) and (3), matters necessary for the methods for climate change impact assessment shall be determined and publicly notified by the Minister of Education.

(5) If it is necessary to review the results of climate change impact assessment pursuant to Article 23 (3) of the Act, the Minister of Environment may hear the opinion of the following institutions or relevant experts:

1. The Greenhouse Gas Inventory and Research Center under Article 36 (1) of the Act;

2. Korea Adaptation Center for Climate Change under Article 46 (1) of the Act;

3. The National Institute of Environmental Research under Article 15 of Decree on the Organization of Ministry of Environment and its Affiliated Agencies;

4. The National Institute of Ecology under the Act on the Establishment and Operation of the National Institute of Ecology;

5. Government-funded research institutes established pursuant to the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes;

6. The Korea Environment Corporation under the Korea Environment Corporation Act (hereinafter referred to as the "Korea Environment Corporation");

7. The National Institute of Meteorological Sciences established pursuant to the Act on the Establishment and Operation of Responsible Administrative Agencies.

(6) Except as provided in paragraph (5), matters necessary for the examination of the results of climate change impact assessment under Article 23 (3) of the Act shall be determined by the Minister of Environment.

 

Article 16 (Greenhouse Gas Reduction Cognitive Budget System)

The Minister of Environment shall support the following affairs necessary for the implementation of a greenhouse gas reduction cognitive budget system under Article 24 of the Act, in consultation with the Minister of Economy and Finance or the Minister of the Interior and Safety:

1. Analysis of the impact of budgeting and funds on climate change;

2. Preparation of operating guidelines, including the criteria for selecting business subject business, and the methods of preparing a greenhouse gas reduction cognitive budget bill and a balance sheet of the settlement of accounts;

3. Examination and analysis of a greenhouse gas reduction cognitive budget bill and a balance sheet of the settlement of accounts;

4. Examination and analysis of greenhouse gas reduction cognitive fund management plans and a balance sheet of the settlement of fund accounts;

5. Public relations of the greenhouse gas reduction cognitive budget system and education on budgeting techniques;

6. Other duties prescribed by the Minister of Environment as necessary to be reflected in financial management of the State and local governments, as a result of analysis of the impact of the budget and funds on climate change, in consultation with the Minister of Economy and Finance or the Minister of the Interior and Safety.

 

Article 17 (Greenhouse Gas Target Control in Public Sector)

(1) "Institutions prescribed by Presidential Decree, such as the relevant central administrative agencies, local governments, City/Do offices of education, and public institutions" in Article 26 (1) of the Act means the following institutions (hereinafter referred to as "public institutions, etc."):

1. Central administrative agencies;

2. Local governments;

3. City/Do offices of education;

4. Public institutions;

5. Local government-invested public corporations under Article 49 of the Local Public Enterprises Act (hereinafter referred to as "local government-invested public corporation") and local public agencies under Article 76 of that Act (hereinafter referred to as "local public agency");

6. National universities and public universities under Articles 2 and 3 of the Higher Education Act;

7. The Bank of Korea under the Bank of Korea Act;

8. The Financial Supervisory Service under Article 24 of the Act on the Establishment of Financial Services Commission.

(2) The head of a public institution, etc. shall set greenhouse gas reduction targets for the following year and submit it to the Minister of Environment by electronic means by December 31 of each year pursuant to Article 26 (1) of the Act.

(3) Where the head of a public institution, etc. sets greenhouse gas reduction targets pursuant to paragraph (2), he or she may set up the targets, including the following matters:

1. Whether the targets can be jointly implemented with the heads of other public institutions, etc.;

2. Whether the greenhouse gas reduction projects are implemented outside the relevant institutions.

(4) If the Minister of Environment deems that the reduction targets are improper to achieve the mid-to long-term greenhouse gas reduction targets, etc. after examination of the greenhouse gas reduction targets submitted under paragraph (2), he or she may request the heads of public institutions, etc. to improve or supplement the reduction targets.

(5) The head of a public institution, etc. shall submit the performance records under Article 26 (2) of the Act to the Minister of Environment by electronic means by March 31 of the following year.

(6) The performance records submitted under paragraph (5) shall include the following:

1. Records of greenhouse gas reduction of the relevant year and whether the greenhouse gas reduction targets have been achieved in the relevant year;

2. The amount of greenhouse gas emissions from each facility emitting greenhouse gases and the total amount of greenhouse gas emissions;

3. Other matters determined by the Minister of Environment to achieve the annual greenhouse gas reduction targets.

(7) The Minister of Environment shall prepare and manage a registry of performance records submitted under paragraph (5) by electronic means pursuant to Article 26 (3) of the Act.

(8) The Minister of the Interior and Safety, the Minister of Trade, Industry and Energy, the Minister of Environment, and the Minister of Land, Infrastructure and Transport shall jointly review the performance records within three months from the date of receipt under paragraph (5), and shall report the results of the review to the Commission. In such cases, the Minister of Environment shall exercise general supervision over and coordinate the review of performance records.

(9) The Minister of Environment may disclose the results of the examination under paragraph (8) through the National Greenhouse Management System under Article 36 (1) of the Act.

(10) If the performance records of public institutions, etc. fall short of the reduction targets submitted, the Minister of Environment may order the heads of public institutions, etc. to make improvement to promote the reduction of greenhouse gas emissions, pursuant to Article 26 (4) of the Act.

(11) The head of a public institution, etc. ordered to make improvement pursuant to paragraph (10) shall submit an improvement plan to the Minister of Environment by electronic means within one month from the date of receipt of such order.

(12) Paragraphs (2), (3), and (5) through (9) shall apply mutatis mutandis to the setting of greenhouse gas reduction targets, notification and disclosure of performance records thereof, and preparation and management of a registry of performance records of the National Assembly, the courts, the Constitutional Court, and the election commissions under Article 26 (5) of the Act (hereafter in this Article referred to as "constitutional institutions, etc."). In such cases, "public institutions, etc." shall be construed as "constitutional institutions, etc." and "submission" as "notification," respectively.

(13) Except as provided in paragraphs (1) through (12), detailed matters necessary for the setting of the reduction targets of public institutions, etc., submission and disclosure of performance records, preparation and management of a registry, issuance of an improvement order, etc. shall be determined and publicly notified by the Minister of Environment.

 

Article 18 (Greenhouse Gas Target Control of Greenhouse Gas Emitters under Control)

(1) The head of a sectoral central administrative agency (hereinafter referred to as "sectoral competent agency") specified in each of the following subparagraphs shall take charge of the affairs of setting and control of the greenhouse gas reduction targets under Article 27 (1) of the Act (hereinafter referred to as "greenhouse gas control targets") and the affairs concerning the succession to the rights and obligations under Article 28 of the Act for each sector specified in the relevant subparagraph, and the Minister of Environment shall exercise general supervision over and coordinate the affairs. In such cases, the head of the sectoral competent agency shall fully cooperate with the general supervision and coordination of the Minister of Environment:

1. The Ministry of Agriculture, Food and Rural Affairs: Agriculture, livestock, food, and forestry sectors;

2. The Ministry of Trade, Industry and Energy: Industry and power generation sectors;

3. The Ministry of Environment: Wastes sectors;

4. The Ministry of Land, Infrastructure and Transport: Building, transportation (excluding marine transportation and harbors), and construction works sectors;

5. The Ministry of Oceans and Fisheries: Oceans, fisheries, marine transportation, and harbor sectors.

(2) If necessary to control the greenhouse gas control targets, the Minister of Environment may conduct a comprehensive inspection on the affairs under the jurisdiction of the head of the sectoral competent agency, and may request the head of the sectoral competent agency to take necessary measures, such as issuing an improvement order to a controlled emitter under Article 27 (1) of the Act (hereinafter referred to as "greenhouse gas emitter under control"), based on the inspection results.

(3) The Minister of Environment shall determine and publicly notify the comprehensive standards and guidelines for greenhouse gas target control of the greenhouse gas-emitting entity under control, including the following matters, in consultation with the head of the sectoral competent agency, in consideration of the national vision, the mid- to long-term greenhouse gas reduction targets, etc., domestic industrial conditions, the international trend related to carbon neutrality, etc.:

1. Setting and control of greenhouse gas control targets;

2. Verification under Article 27 (3) of the Act;

3. Succession to the rights and obligations under Article 28 (1) of the Act;

4. The methods of preparing an action plan for greenhouse gas control targets under Article 21 (2).

 

Article 19 (Standards for Designation of Greenhouse Gas Emitters under Control and Commitment Period)

(1) "Entity that emits greenhouse gases in excess of the standard amount prescribed by Presidential Decree" in Article 27 (1) of the Act means a business entity whose annual average of total greenhouse gas emissions over the last three years is not less than 50,000 tCO2eq or which has at least one place of business with the annual average of greenhouse gas emissions of not less than 15,000 tCO2eq.

(2) "Last three years" in paragraph (1) means the three years immediately preceding the year in which the entity is designated as a greenhouse gas emitter under control (hereinafter referred to as "year of designation"): Provided, That if the period of business is less than three years or there is no data for three years due to business suspension of a place of business, etc., the data may be calculated based on the relevant period of business or the period of holding the relevant data.

(3) "Commitment period prescribed by Presidential Decree" in Article 27 (1) of the Act means one year.

 

Article 20 (Procedures for Designation of Greenhouse Gas Emitters under Control)

(1) The head of the sectoral competent agency shall select a business entity falling under Article 19 (1) as an entity subject to designation as a greenhouse gas emitter under control, and notify the Minister of Environment thereof by April 30 of the year immediately before the preceding year of the commitment period under Article 19 (3) (hereinafter referred to as "commitment period"), along with data for calculation of greenhouse gas emissions under Article 27 (2) of the Act.

(2) The Minister of Environment shall review whether there is any duplication or omission of selection, whether the regulation is appropriate, etc. with respect to an entity subject to designation as a greenhouse gas emitter under control that is notified under paragraph (1), and shall notify the head of the sectoral competent agency of the results of the review by May 31 of the year immediately before the preceding year of the commitment period.

(3) The head of the sectoral competent agency notified of the results of review under paragraph (2) shall designate a greenhouse gas emitter under control from among the entities subject to designation as a greenhouse gas emitter under control, in consideration of the results of the review.

(4) The head of the sectoral competent agency which has designated a greenhouse gas emitter under control under paragraph (3) shall notify the relevant greenhouse gas emitter under control of such fact and give public notice of it in the Official Gazette by June 30 of the year immediately before the preceding year of the commitment period.

(5) The head of the sectoral competent agency may revoke the designation if a greenhouse gas emitter under control falls under any of the following subparagraphs:

1. If a greenhouse gas emitter under control does not exist due to a report on business closure, dissolution of the corporation, cancellation of business license, etc.;

2. If the rights and obligations are transferred to another business entity pursuant to Article 28 (1) of the Act.

 

Article 21 (Method and Procedure for Target Control of Greenhouse Gas Emitter under Control)

(1) Pursuant to Article 27 (1) of the Act, the head of the sectoral competent agency shall set a greenhouse gas control target in consultation with a greenhouse gas emitter under control and after deliberation by the Commission, notify the greenhouse gas emitter under control of the control target by September 30 of the previous year of the commitment period, and enter the relevant facts in a registry under Article 27 (4) of the Act (hereinafter referred to as “registry of greenhouse gas emitters under control”).

(2) A greenhouse gas emitter under control notified of the greenhouse gas control targets pursuant to paragraph (1) shall submit an action plan for the greenhouse gas control targets, including each of the following matters, to the head of the sectoral competent agency by December 31 of the previous year of the commitment period:

1. General information, such as the current status of a place of business of the emitter;

2. Greenhouse gas control targets and the scope of control of each place of business;

3. The type and volume of greenhouse gases emitted from each place of business;

4. The type and quantity of energy used in each place of business;

5. Measurement spots, and the type and method of monitoring data on the activities of each emitting facility;

6. Other matters determined and publicly notified by the Minister of Environment to implement the greenhouse gas control targets.

(3) The head of the sectoral competent agency in receipt of action plans for the greenhouse gas control targets under paragraph (2) shall verify the details thereof and prepare a register by January 31 of the relevant year of the commitment period.

(4) A greenhouse gas emitter under control that has an objection to the greenhouse gas control targets set under paragraph (1) may file an objection with the head of the sectoral competent agency, along with explanatory materials, within 30 days from the date of receipt of such notice.

(5) Pursuant to the former part of Article 27 (3) of the Act, a greenhouse gas emitter under control shall submit a statement of greenhouse gas emissions (hereinafter referred to as "statement of greenhouse gas emissions") for the relevant year from the year immediately before the preceding year of the commitment period (referring to three years preceding the previous year of the commitment period, if the business entity is designated for the first time as a greenhouse gas emitter under control) to the head of the sectoral competent agency, along with the verification results of an external specialized institution for verification (hereinafter referred to as "verification institution") under the former part of Article 24-2 (1) of the Act on the Allocation and Trading of Greenhouse-Gas Emission Permits, by the date prescribed in the relevant subparagraph, as classified below:

1. A statement of greenhouse gas emissions for the year immediately before the preceding year of the commitment period (or a statement of greenhouse gas emissions for three years before the preceding year of the commitment period, if the business entity is designated for the first time as a greenhouse gas emitter under control): March 31 of the previous year of the commitment period;

2. A statement of greenhouse gas emissions of the previous year of the commitment period: March 31 of the relevant year of the commitment period;

3. A statement of greenhouse gas emissions of the relevant year of the commitment period: March 31 of the following year of the commitment period.

(6) A statement of greenhouse gas emissions shall include the following matters:

1. The size of the business entity, production process charts, produced products, and production volume;

2. Types and emission quantities of greenhouse gases emitted from each place of business;

3. Types and quantities of energy used in each place of business, ingredients of fuel in use, and the types, size, quantity, and operating hours of the energy-using facilities;

4. Types, size, quantity, and operating hours of the greenhouse gas emitting facilities, and the quantity and type of greenhouse gas emissions from each emitting facility;

5. Other matters determined and publicly notified by the Minister of Environment as necessary for the management of greenhouse gas emissions from a greenhouse gas emitter under control.

(7) The head of the sectoral competent agency in receipt of a statement of greenhouse gas emissions under paragraph (5) shall review the details thereof and enter the details of the statement of greenhouse gas emissions and the verification results thereof in the registry of greenhouse gas emitters under control by May 31 of the following year of the commitment period.

(8) The head of the sectoral competent agency shall determine whether a greenhouse gas emitter under control has achieved the greenhouse gas control targets, following deliberation by the Commission, based on the statement of greenhouse gas emissions for a commitment period submitted by the emitter under paragraph (5), and shall enter the results thereof in the registry of greenhouse gas emitters under control by June 30 of the following year of a commitment period.

(9) Where the head of the sectoral competent agency determines that a greenhouse gas emitter under control has failed to achieve the greenhouse gas control targets pursuant to paragraph (8), he or she shall issue an improvement order under Article 27 (6) of the Act to the greenhouse gas emitter under control and enter such fact in the registry of greenhouse gas emitters under control.

(10) A greenhouse gas emitter under control which has received an improvement order under paragraph (9) shall formulate an improvement plan pursuant to the latter part of Article 27 (6) of the Act and reflect it in the formulation of an action plan for the following commitment period.

(11) Except as provided in paragraphs (1) through (10), detailed matters necessary for setting and control of greenhouse gas control targets of greenhouse gas emitters under control, preparation and reporting of a statement of greenhouse gas emissions, issuance of improvement orders, etc. shall be determined by the Minister of Environment in consultation with the heads of the sectoral competent agencies.

 

Article 22 (Preparation and Management of Registry of Greenhouse Gas Emitters under Control)

The Minister of Environment shall prepare and manage a registry of greenhouse gas emitters under control including following matters, by electronic means pursuant to the former part of Article 27 (4) of the Act:

1. The trade name and representative of a greenhouse gas emitter under control;

2. Matters regarding designation of a greenhouse gas emitter under control;

3. A statement of greenhouse gas emissions and a verification report;

4. Greenhouse gas control targets;

5. Action plans;

6. Matters regarding whether the greenhouse gas control targets have been achieved and improvement orders (limited to cases where an emitter has received an improvement order).

 

Article 23 (Disclosure of Greenhouse Gas Emissions and Target Achievement Status)

(1) Pursuant to Article 27 (4) of the Act, the head of the sectoral competent agency shall disclose the following matters by electronic means through the National Greenhouse Management System under Article 36 (1) of the Act:

1. Whether the greenhouse gas control targets have been achieved;

2. The trade name, name, and type of business of a greenhouse gas emitter under control;

3. Location of the headquarters and a place of business of a greenhouse gas emitter under control;

4. The year of designation as a greenhouse gas emitter under control and the competent agency in charge;

5. Verification Institutions for statements of greenhouse gas emissions of greenhouse gas emitters under control;

6. Volume of greenhouse gas emissions and energy consumption of greenhouse gas emitters under control in the statements of greenhouse gas emissions.

(2) A greenhouse gas emitter under control that intends to request non-disclosure of its greenhouse gas emissions or whether it has achieved the greenhouse gas control targets pursuant to the latter part of Article 27 (4) of the Act shall submit an application for non-disclosure to the examination committee prescribed in paragraph (5) of that Article, along with a statement of the grounds for non-disclosure when submitting a statement of greenhouse gas emissions.

 

Article 24 (Composition of Greenhouse Gas Information Disclosure Examination Committee)

(1) An examination committee under Article 27 (5) of the Act (hereinafter referred to as “Greenhouse Gas Information Disclosure Examination Committee”) shall be comprised of not more than 12 committee members including one chairperson, in consideration of the gender of the committee members.

(2) The chairperson of the Greenhouse Gas Information Disclosure Examination Committee shall be the chairperson of the Greenhouse Gas Inventory and Research Center under Article 36 (1) of the Act, and the members of the Greenhouse Gas Information Disclosure Examination Committee shall be the following persons:

1. Five public officials each of whom is belonging to the central administrative agency referred to in each subparagraph of Article 18 (1) and designated respectively by the head of the relevant central administrative agency, and one public official belonging to the Office for Government Policy Coordination who is designated by the Minister for Government Policy Coordination;

2. Persons with extensive knowledge of and experience in carbon neutrality, green growth, and information disclosure who are commissioned by the Minister of Environment through consultation with the head of the sectoral competent agency.

(3) The term of office of the committee members commissioned under paragraph (2) 2 shall be two years and may be consecutively renewed only once.

(4) A majority of the members of the Greenhouse Gas Information Disclosure Examination Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present.

(5) Except as provided in paragraphs (1) through (4), matters necessary for the composition and operation of the Greenhouse Gas Information Disclosure Examination Committee shall be determined by the chairperson of the Greenhouse Gas Information Disclosure Examination Committee through resolution by the Greenhouse Gas Information Disclosure Examination Committee.

 

Article 25 (Exclusion and Recusal of Members of the Greenhouse Gas Information Disclosure Examination Committee)

(1) A member of the Greenhouse Gas Information Disclosure Examination Committee shall be excluded from the examination and decision of the relevant agenda item, in any of the following cases:

1. Where a member of the Greenhouse Gas Information Disclosure Examination Committee or his or her current or former spouse of the Greenhouse Gas Information Disclosure Examination Committee becomes the party to the relevant agenda item (referring to executive officers, where the party concerned is a corporation, organization, etc.; hereafter in this paragraph the same shall apply), or is a joint rightholder or obligor with the party to the agenda item;

2. Where a member of Greenhouse Gas Information Disclosure Examination Committee is or was a relative of the party to the relevant agenda item;

3. Where a member of the Greenhouse Gas Information Disclosure Examination Committee has provided a testimony, statement, advice, research, service, or appraisal in relation to the relevant agenda item;

4. Where a corporation to which a member of the Greenhouse Gas Information Disclosure Examination Committee belongs is a current or former agency of the party to the relevant agenda item.

(2) If any member of the Greenhouse Gas Information Disclosure Examination Committee falls under the grounds for exclusion under each subparagraph of paragraph (1) or it is deemed impracticable to conduct a fair examination due to his or her circumstances, the member shall recuse himself or herself from the examination of the relevant agenda item.

 

Article 26 (Dismissal of Members of Greenhouse Gas Information Disclosure Examination Committee)

(1) The head of the relevant agency who designates a member of the Greenhouse Gas Information Disclosure Examination Committee under Article 24 (2) 1 may withdraw the designation, if the relevant committee member falls under any of the following cases:

1. If the member becomes incapable of performing his or her duties due to mental or physical disability;

2. If the member is found to commit any misconduct related to his or her duties;

3. If the member is deemed unsuitable as a member due to delinquency of duties, injury to dignity, or any other reason;

4. If the member fails to recuse himself or herself despite falling under any subparagraph of Article 25 (1);

5. If the member states that he or she finds it difficult to perform his or her duties.

(2) The Minister of Environment may dismiss a member commissioned under Article 24 (2) 2, if the member falls under any subparagraph of paragraph (1).

 

Article 27 (Succession to Rights and Obligations of Greenhouse Gas Emitters under Control)

(1) A greenhouse gas emitter under control which has transferred the rights and obligations under the main clause of Article 28 (1) of the Act (referring to the emitter that succeed, in cases falling under the proviso of paragraph (2) of that Article) shall report the fact of transfer of and succession to the rights and obligations pursuant to paragraph (2) of that Article to the head of the sectoral competent agency by electronic means, as determined and publicly notified by the Minister of Environment.

(2) Where a greenhouse gas emitter under control designated under Article 20 (3) is modified as the greenhouse gas emitter under control has succeeded to the rights and obligation pursuant to the main clause of Article 28 (1) of the Act, the head of the sectoral competent agency shall publicly notify the details of modification of the greenhouse gas emitter under control within one month after the date of receipt of a report under paragraph (1), and shall notify the Minister of Environment thereof.

(3) Except as provided in paragraphs (1) and (2), matters necessary for the succession to the rights and obligations of a greenhouse gas emitter under control shall be determined and publicly notified by the Minister of Environment after consultation with the heads of the sectoral competent agency.

 

Article 28 (Designation of Carbon Neutral Cities)

(1) Pursuant to Article 29 (2) of the Act, the Minister of Environment and the Minister of Land, Infrastructure and Transport may jointly designate a carbon neutral city under paragraph (1) of that Article (hereinafter referred to as "carbon neutral city").

(2) Where the Minister of Environment and the Minister of Land, Infrastructure and Transport intends to designate a carbon neutral city directly pursuant to Article 29 (2) of the Act, they shall hear the opinions of the head of the competent local government and the head of the relevant central administrative agency, and where they intend to designate a carbon neutral city upon receipt of a request from the head of a local government, they shall hear the opinions of the head of the relevant central administrative agency.

(3) The head of a local government who intends to request a designation of a carbon neutral city pursuant to Article 29 (2) of the Act shall submit to the Minister of Environment and the Minister of Land, Infrastructure and Transport respectively, a written request for designation including the following matters:

1. The necessity of designation of and the objective of development of a carbon neutral city;

2. A project planned to be implemented and an implementation plan for each business sector, among the projects specified in the subparagraphs of Article 29 (2) of the Act;

3. The conditions of the relevant district under jurisdiction and an infrastructure building plan for the development of a carbon neutral city;

4. A financing plan required for the development of a carbon neutral city;

5. Matters regarding city planning, including utilization of land required for the development of a carbon neutral city.

(4) Where the Minister of Environment and the Minister of Land, Infrastructure and Transport have designated a carbon neutral city pursuant to Article 29 (2) of the Act, they shall report such fact to the Commission and notify without delay the head of the relevant local government and the head of the relevant central administrative agency thereof, and shall publicly announce the following matters on the website of the Ministry of Environment and the Ministry of Land, Infrastructure and Transport, respectively:

1. The scale of the project, including the location, scope, and area of development of a carbon neutral city;

2. The grounds for designation of a carbon neutral city;

3. Details of the carbon neutral city development project and the implementation period.

(5) The carbon neutral city development project under Article 29 (3) of the Act shall include each of the following matters:

1. Objectives and period of a carbon neutral city development project;

2. Analysis of relevant conditions for the development of a carbon neutral city;

3. Plans for linking with City/Do plans for carbon neutrality and Si/Gun/Gu plans for carbon neutrality;

4. Plans for linking with metropolitan city plans under Article 11 (1) of the National Land Planning and Utilization Act, an urban or Gun master plan under Article 18 (1) of that Act, and an urban or Gun management plan under Article 24 (1) of that Act;

5. Fund-raising plans for a carbon neutral city development project.

(6) Where the head of a local government having jurisdiction over a carbon neutral city formulates and implements a carbon neutral city development project under Article 29 (3) of the Act, he or she shall hear the opinions of local residents of the relevant region in advance.

(7) "Institution prescribed by Presidential Decree" in Article 29 (5) of the Act means the following institutions:

1. The Korea Water Resources Corporation under the Korea Water Resources Corporation Act (hereinafter referred to as the "Korea Water Resources Corporation");

2. The Korea Environment Corporation;

3. The Korea Environmental Industry and Technology Institute under the Korea Environmental Industry and Technology Institute Act (hereinafter referred to as the “Korea Environmental Industry and Technology Institute”);

4. The Korea Agency for Infrastructure Technology Advancement under the Act on the Promotion of Science and Technology for Land, Infrastructure and Transportation;

5. The Korea Land and Housing Corporation under the Korea Land and Housing Corporation Act;

6. The Korea Land and Geospatial Informatix Corporation under the Framework Act on National Spatial Data Infrastructure;

7. The Korea Forestry Promotion Institute under Article 29-2 of the Forestry and Mountain Villages Development Promotion Act;

8. Government-funded research institutes under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes (hereinafter referred to as "government-funded research institute");

9. Research institutes under Article 8 (1) of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes (hereinafter referred to as "government-funded science and technology research institute").

(8) The Minister of Environment and the Minister of Land, Infrastructure and Transport may subsidize expenses necessary to perform the duties of a support organization designated under Article 29 (5) of the Act within the budget.

(9) “Standards for designation prescribed by Presidential Decree” in Article 29 (6) of the Act means the following standards:

1. It shall promote the implementation of projects in each subparagraph of Article 29 (2) of the Act;

2. Its implementation projects shall be linked with City/Do plans for carbon neutrality and Si/Gun/Gu plans for carbon neutrality;

3. The project plan shall be specific and practicable and contribute to the attainment of the mid- to long-term greenhouse gas reduction targets, etc.

(10) The Minister of Environment and the Minister of Land, Infrastructure and Transport shall hear the opinions of the head of the relevant local government before revoking the designation of a carbon neutral city under Article 29 (6) of the Act.

(11) Where the Minister of Environment and the Minister of Land, Infrastructure and Transport revokes designation pursuant to Article 29 (6) of the Act, they shall report such fact to the Commission and notify the head of the relevant local government and the head of the relevant central administrative agency thereof without delay, and shall publicly announce the following matters on the website of the Ministry of Environment and the Ministry of Land, Infrastructure and Transport, respectively:

1. The grounds for revocation of the designation of a carbon neutral city;

2. The date of designation of a carbon neutral city and the date of revocation thereof;

3. The location of development of a carbon neutral city and the details of the development project.

(12) Except as provided in paragraphs (1) through (11), matters necessary for the designation of a carbon neutral city and revocation of designation thereof and for the formulation and implementation of a carbon neutral city development project shall be jointly determined and publicly notified by the Minister of Environment and the Minister of Land, Infrastructure and Transport.

 

Article 29 (Support for Regional Energy Conversion)

The Minister of Trade, Industry and Energy shall formulate and implement the following policies to support the energy conversion of local governments under Article 30 of the Act:

1. Policies for supporting the formulation and implementation of a regional energy plan under Article 7 of the Energy Act;

2. Policies for facilitating energy conversion and supporting the development and diffusion of energy conversion models under Article 68 (2) 3 of the Act;

3. Policies for supporting the increase of the level of resident acceptance, including gathering consensus and public relations in the process of converting regional energy;

4. Other policies deemed necessary by the Minister of Trade, Industry and Energy for the regional energy conversion.

 

Article 30 (Expansion of Green Buildings)

(1) "Buildings not below the criteria prescribed by Presidential Decree" in Article 31 (2) of the Act means buildings specified in Article 11 (1) of the Enforcement Decree of the Green Buildings Construction Support Act.

(2) "Public institutions, educational institutions, etc. prescribed by Presidential Decree" in Article 31 (6) of the Act means the following institutions:

1. Public institutions;

2. Local government-invested public corporations and local government public corporations;

3. Government-funded research institutes and the Research Council under Article 18 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes;

4. Government-funded science and technology research institutes and the Research Council under Article 18 of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes;

5. Local government-invested research institutes under the Act on the Establishment and Operation of Local Government-Invested Research Institutes (hereinafter referred to as "local government-invested research institutes");

6. National universities and public universities under Articles 2 and 3 of the Higher Education Act.

(3) Where the Minister of Land, Infrastructure and Transport intends to develop a new city or redevelop a city that falls under the following subparagraphs pursuant to Article 31 (7) of the Act, he or she shall actively supply green buildings:

1. A public housing zone development project executed in an area of 3.3 million or bigger square meters pursuant to Special Act on Public Housing;

2. An enterprise city development project executed pursuant to the Special Act on the Development of Enterprise Cities;

3. An urban development project executed in an area of not less than one million square meters under the Urban Development Act;

4. The Administrative City Construction Project executed pursuant to the Special Act on the Construction of Administrative City in Yeongi-Gongju Area for Follow-Up Measures for New Administrative Capital;

5. A housing site development project executed in an area of 3.3 million or bigger square meters under the Act on the Promotion of Housing Site Development;

6. An innovation city development project executed pursuant to the Special Act on the Construction and Development of Innovation Cities.

(4) For the purpose of increasing the number of green buildings under Article 31 (8) of the Act, the Minister of Land, Infrastructure and Transport may provide financial support to a person who develops the following buildings:

1. A building which has obtained or intends to obtain certification of green buildings under Article 16 of the Green Buildings Construction Support Act;

2. A building which has obtained or intends to obtain certification of building energy efficiency rating or certification of zero energy building under Article 17 of the Green Buildings Construction Support Act;

3. Buildings for which the Minister of Land, Infrastructure and Transport deems it necessary to provide support to improve energy efficiency of the buildings, for which 10 years have elapsed since its approval for use was granted under Article 22 of the Building Act;

4. Other buildings for which the Minister of Land, Infrastructure and Transport deems it necessary to provide financial support to expand green buildings.

 

Article 31 (Promotion of Green Transport)

(1) The Minister of Land, Infrastructure and Transport shall formulate and implement a greenhouse gas reduction target in the transport sector (hereinafter referred to as "reduction targets in the transport sector") pursuant to Article 32 (1) of the Act, in consultation with the head of the relevant central administrative agency. In such cases, the reduction targets in the transport sector formulated shall be reported to the Commission.

(2) The reduction targets in the transport sector shall include the following matters:

1. The current status of greenhouse gas emissions and energy consumption ratio by each means of transportation and fuel;

2. Five-year reduction targets in the transport sector and five-year action plans therefor;

3. Annual reduction targets in the transport sector and action plans therefor.

(3) The Minister of Trade, Industry and Energy shall set the efficiency standards for average energy consumption for motor vehicles following consultation with the Minister of Environment and the Minister of Land, Infrastructure and Transport pursuant to Article 32 (2) of the Act, and the Minister of Environment shall set the permissible levels of greenhouse gas emissions from motor vehicles following consultation with the Minister of Trade, Industry and Energy and the Minister of Land, Infrastructure and Transport.

(4) Pursuant to the latter part of Article 32 (2) of the Act, the Minister of Environment shall determine and publicly notify matters necessary for the verification and management of whether motor vehicle manufacturers under Article 46 (1) of the Clean Air Conservation Act comply with the efficiency standards for average energy consumption for motor vehicles or the permissible levels of greenhouse gas emissions from motor vehicles. In such cases, the Minister of Environment shall hear the opinions of the Minister of Trade, Industry and Energy and the Minister of Land, Infrastructure and Transport.

(5) Where the Minister of Land, Infrastructure and Transport devices measures to control traffic demand under Article 32 (6) of the Act, he or she shall achieve coherence with the following matters:

1. Implementation of an intelligent transport system establishment project under Article 77 of the National Transport System Efficiency Act;

2. Control of traffic demand under the Urban Traffic Improvement Promotion Act;

3. Restrictions on the operation of motor vehicles under Article 34 of the Urban Traffic Improvement Promotion Act;

4. Support for modal shift under Article 21 of the Sustainable Transportation Logistics Development Act;

5. Restrictions on the operation of motor vehicles under Article 30 of the Sustainable Transportation Logistics Development Act;

6. Support for securing connected transport facilities, etc. under Article 34 of the Sustainable Transportation Logistics Development Act.

(6) Where the Minister of Land, Infrastructure and Transport devices measures to control traffic demand relating to the promotion of coastal sea transportation, in line with the support for modal shift under paragraph (5) 4, he or she shall have consultation with the Minister of Oceans and Fisheries.

(7) Except as provided in paragraphs (5) and (6), matters necessary for devising measures to control traffic demand shall be determined and publicly notified by the Minister of Land, Infrastructure and Transport.

 

Article 32 (Standards, Methods, and Procedures for Prior Approval of International Mitigation Projects)

(1) A person who intends to perform an international mitigation project under Article 35 (1) of the Act (hereinafter referred to as "international mitigation project") shall submit the head of the sectoral competent agency a project plan containing the following matters:

1. The name of the project, the country where the project is implemented, the details and period of the project, and participants;

2. The expected reduction amount of greenhouse gas emissions and methods and grounds for calculation;

3. Methods and plans of monitoring under Article 35 (2) of the Act.

(2) Where the head of the sectoral competent agency in receipt of a project plan submitted under paragraph (1) intends to grant a prior approval under Article 35 (1) of the Act, he or she shall grant such approval following deliberation by the International Mitigation Council established under Article 33 (1).

(3) The International Mitigation Council established under Article 33 (1) shall consider the following matters in deliberating prior approval pursuant to paragraph (2):

1. Sustainability, environmentability, measurability, and verifiability of international mitigation outcomes under Article 35 (3) of the Act (hereinafter referred to as "international mitigation outcomes");

2. Methods of implementing international mitigation projects and appropriateness of monitoring under Article 35 (2) of the Act;

3. Implementability according to the conditions of approval of international mitigation projects in a country where the international mitigation project is implemented.

(3) If an international mitigation project for which prior approval has been granted under paragraph (2) falls under any of the following cases, the head of the sectoral competent agency may revoke such prior approval upon deliberation by the International Mitigation Council under Article 33 (1): Provided, That the head of the sectoral competent agency shall revoke such approval if the project falls under subparagraph 1:

1. If a project implementer obtains prior approval of an international mitigation project by fraud or other improper means;

2. If a project implementer fails to implement the relevant international mitigation project without good cause within one year from the date prior approval is granted;

3. If an international mitigation project which obtained prior approval becomes invalid according to the Paris Agreement;

4. If it is impracticable to regard the relevant international mitigation project as an additional effort beyond the activities expected in general business management conditions, in light of the amendment to the statutes or regulations or development of technology, etc.

(5) Where the head of the sectoral competent agency grants prior approval of an international mitigation project pursuant to paragraph (2) or revokes such approval pursuant to paragraph (4), he or she shall notify the person who has obtained the prior approval (hereinafter referred to as "international mitigation project implementer") and the Minister of Environment of such fact without delay.

(6) Except as provided in paragraphs (1) through (5), detailed matters regarding the standards, methods, and procedures for prior approval shall be publicly notified by the Minister for Government Policy Coordination after deliberation by the International Mitigation Council under Article 33 (1).

 

Article 33 (International Mitigation Council)

(1) The International Mitigation Council shall be established under the Office for Government Policy Coordination (hereinafter referred to as “International Mitigation Council”) to deliberate on and coordinate matters regarding international mitigation projects.

(2) The chairperson of the International Mitigation Council shall be appointed by the Minister for Government Policy Coordination from among public officials in political service belonging to the Office for Government Policy Coordination, and the members of the International Mitigation Council shall be appointed by the head of the relevant agency from among public officials who are members of the Senior Executive Service belonging to the Ministry of Economy and Finance, the Ministry of Foreign Affairs, the Ministry of Agriculture, Food and Rural Affairs, the Ministry of Trade, Industry and Energy, the Ministry of Environment, the Ministry of Land, Infrastructure and Transport, the Ministry of Oceans and Fisheries, and the Office for Government Policy Coordination.

(3) Where it is necessary for deliberation, the International Reduction Council may hear the opinion of experts in the field of greenhouse gas reduction.

(4) Except as provided in paragraphs (1) through (3), matters necessary for the composition and operation of the International Mitigation Council shall be determined by the chairperson of the International Mitigation Council following resolution by the International Mitigation Council.

 

Article 34 (Reporting on International Mitigation Projects)

(1) After conducting monitoring under Article 35 (2) of the Act, an international mitigation project implementer shall report it to the head of the sectoral competent agency, along with the following documents: Provided, That where the international mitigation outcomes of an international mitigation project implementer fall in the category of the mitigation of greenhouse gas emissions under Article 6 (4) of the Paris Agreement, the relevant Agreement shall apply:

1. A monitoring report prepared by an international mitigation project implementer under Article 35 (2) of the Act;

2. A verification report by a verification institution;

3. Other documents deemed by the Minister for Government Policy Coordination as necessary for reporting on international mitigation outcomes, which are determined by the public notice of the Minister for Government Policy Coordination in consultation with the head of the sectoral competent agency.

(2) Except as provided in paragraph (1), detailed matters necessary for reporting on the international mitigation outcomes shall be publicly notified by the Minister for Government Policy Coordination following deliberation by the International Mitigation Council.

 

Article 35 (International Mitigation Register)

(1) The Minister of Environment shall prepare and manage an international mitigation register under Article 35 (3) of the Act (hereinafter referred to as "international mitigation register") by electronic means, in order to register and manage the international mitigation projects previously approved under Article 35 (1) of the Act and the international mitigation outcomes reported under paragraphs (3) and (4) of that Article.

(2) The international mitigation outcomes shall be registered in the unit of one international mitigation outcome converted from 1tCO2-eq according to the Global Warming Potential.

(3) The international mitigation register may be linked to a reporting platform built in accordance with Article 6 of the Paris Agreement and Decisions adopted by the Conference of the Parties to the Paris Agreement.

 

Article 36 (Reporting on Acquisition, Trading, and Extinction of International Mitigation Outcomes)

(1) An international mitigation project implementer who has acquired international mitigation outcomes under Article 35 (3) of the Act shall report his or her acquisition to the head of the sectoral competent agency by electronic means, through the international mitigation register.

(2) Where an international mitigation project implementer trades international mitigation outcomes by transactions or other means pursuant to the main clause of Article 35 (4) of the Act, he or she shall report the fact of trading or extinction of international mitigation outcomes to the Minister of Environment by electronic means through the international mitigation register.

(3) Where a project implementer trades international mitigation outcomes pursuant to Article 35 (4) of the Act, 1tCO2-eq referred to in Article 35 (2) shall be one international mitigation outcome, which shall serve as the minimum unit of trading of international mitigation outcomes.

(4) Except as provided in paragraphs (1) through (3), detailed matters regarding the methods of reporting on the acquisition, trading, and extinction of international mitigation outcomes shall be publicly notified by the Minister for Government Policy Coordination after deliberation by the International Mitigation Council.

 

Article 37 (Prior Approval for Transfer of International Mitigation Outcomes)

(1) A international mitigation project implementer who intends to transfer international mitigation outcomes abroad or to the Republic of Korea pursuant to the proviso of Article 35 (4) of the Act shall file an application for prior approval by electronic means with a person specified in the relevant subparagraph:

1. Where the international mitigation project implementer intends to transfer international mitigation outcomes reported and registered under Article 35 (3) of the Act to the Republic of Korea, which have not been transferred to the Republic of Korea: The head of the sectoral competent agency;

2. Where the international mitigation project implementer intends to transfer international mitigation outcomes abroad or to the Republic of Korea for grounds other than those referred to in subparagraph 1: The Minister of Environment.

(2) The head of the sectoral competent agency or the Minister of Environment upon receipt of an application under paragraph (1) shall determine whether to grant prior approval through deliberation by the International Mitigation Council and notify the applicant of the results of determination without delay.

(3) Except as provided in paragraphs (1) and (2), matters regarding the standards and procedures for prior approval for the transfer of international mitigation outcomes shall be publicly notified by the Minister for Government Policy Coordination after deliberation by the International Mitigation Council.

 

Article 38 (Institution in Charge of International Mitigation Projects)

(1) The head of the relevant central administrative agency may designate an institution exclusively in charge of international mitigation projects in order to support international mitigation projects.

(2) The head of the relevant central administrative agency may fully or partially subsidize expenses incurred in supporting the institution exclusively in charge of international mitigation projects designated under paragraph (1) within the budget.

 

Article 39 (Establishment and Management of National Greenhouse Management System)

(1) The Greenhouse Gas Inventory and Research Center under Article 36 (1) of the Act (hereinafter referred to as "GIR") shall perform the following duties:

1. Establishment and operation of a National Greenhouse Management System (hereinafter referred to as "NGMS") under Article 36 (1) of the Act;

2. Development, analysis, verification, preparation, and management of various information and statistics on greenhouse gases including greenhouse gas emissions and absorptions, and emission and absorption coefficient, and the establishment and operation of an information system thereof in each country and region;

3. Cooperation and support for the affairs under Articles 17 through 23 and provision of relevant information and statistics to the relevant central administrative agencies and local governments;

4. Cooperation with international organizations, groups, and developing countries related to the establishment of NGMS.

(2) For the efficient operation of NGMS, the National Statistics Management Committee and a regional statistics management committee shall be established in GIR.

(3) The Vice Minister of Environment shall serve as the chairperson of the National Statistics Management Committee under paragraph (2), and the committee members shall be appointed or commissioned by the chairperson from among the following persons. In such cases, the committee members specified in subparagraph 2 shall be commissioned in consideration of gender:

1. Persons nominated by the head of a relevant central administrative agency from among members of the Senior Executive Service of the relevant central administrative agency;

2. Persons having abundant knowledge of and experience in greenhouse gas statistics.

(4) The president of GIR shall serve as the chairperson of a regional statistics management committee under paragraph (2), and the committee members shall be appointed or commissioned by the chairperson from among the following persons. In such cases, the committee members referred to in subparagraph 2 shall be commissioned in consideration of gender:

1. A person nominated by the head of the relevant local government, who is positioned in the class equivalent to the deputy minister of office, director general of bureau, or deputy minister placed in the head office pursuant to Article 10 and attached Table 2 or Article 12 or attached Table 7 of the Regulations on Administrative Organizations of Local Governments and Standards for the Prescribed Number of Their Personnel of the City/Do;

2. A person having abundant knowledge of and experience in the statistics of greenhouse gases.

(5) The term of office of the committee members falling under paragraphs (3) 2 and (4) 2 shall be two years.

(6) The chairperson of the National Statistics Management Committee under paragraph (3) and the chairperson of a regional statistics management committee under paragraph (4) may dismiss a committee member commissioned pursuant to paragraph (3) 2 or (4) 2 if the member falls under any of the following cases:

1. If the member becomes incapable of performing his or her duties due to mental or physical disability;

2. If the member is found to have committed any misconduct related to his or her duties;

3. If the member is deemed unsuitable as a committee member due to neglect of duties, injury to dignity, or any other reasons;

4. If the member voluntarily admits that it is difficult for him or her to perform his or her duties.

(7) Except as provided in paragraphs (3) through (6), detailed matters regarding the composition and operation of the National Statistics Management Committee and regional statistics management committees under paragraph (2) shall be determined by the Minister of Environment.

(8) The head of a central administrative agency classified as follows shall submit the data and statistics on greenhouse gases in each sector specified in the relevant subparagraphs to GIR by March 31 every year pursuant to Article 36 (2) of the Act:

1. The Minister of Agriculture, Food and Rural Affairs: Agriculture, livestock, and forestry sectors;

2. The Minister of Trade, Industry and Energy: Energy and industrial process sectors;

3. The Minister of Environment: Waste and inland wetlands sectors;

4. The Minister of Land, Infrastructure and Transport: Buildings, regular settlement, and transportation (excluding marine transportation and port) sectors;

5. The Minister of Oceans and Fisheries: Oceans, fisheries, marine transportation, port, and coastal wetlands sectors.

(9) A Mayor/Do Governor and the head of a Si/Gun/Gu shall submit the data and statistics on greenhouse gases in the following sectors in the relevant regions to GIR by March 31 every year pursuant to Article 36 (3) of the Act:

1. The energy sector;

2. The industrial process sector;

3. The agriculture, land use, and forestry sectors;

4. The wastes sector.

(10) The Minister of Environment may provide assistance, such as training and education of professional human resources, consulting services, and provision of information related to the analysis of statistics to help a Mayor/Do Governor and the head of a Si/Gun/Gu to smoothly compile the data and statistics under paragraph (9).

(11) Pursuant to Article 36 (5) of the Act, GIR shall publish the results of analysis and verification of the data and statistics submitted under paragraphs (8) and (9) on its website by December 31 each year.

(12) Where it is necessary to efficiently operate GIR, the Minister of Environment may request the following institutions to provide support, such as offering human resources and information and conducting analysis (limited to offering information in cases of the institutions referred to in subparagraph 5), in consultation with the heads of relevant institutions:

1. Central administrative agencies, local governments, and their affiliated institutions;

2. Government-funded research institutes;

3. Government-funded science and technology research institutes;

4. Public institutions;

5. Energy suppliers and corporations or organizations comprised of energy suppliers under the Energy Act.

(13) The Minister of Environment and the Minister of Land, Infrastructure and Transport may formulate and manage spatial data and maps reflecting therein the regional or spatial data on greenhouse gas emissions and absorption, etc.

 

CHAPTER VI CLIMATE CRISIS ADAPTATION POLICY MEASURES

 

Article 40 (Monitoring and Forecasting of Climate Crisis)

(1) The Minister of Environment and the Administrator of the Korea Meteorological Administration shall regularly measure and survey changes in greenhouse gas concentrations in the atmosphere pursuant to Article 37 (1) of the Act and disclose the relevant information on the website of the Ministry of Environment and the Korea Meteorological Administration, respectively.

(2) The Administrator of the Korea Meteorological Administration shall establish and operate a meteorological data management system under Article 37 (1) of the Act and exercise general supervision over, and provide support for, the affairs related to monitoring and forecast of climate crisis.

(3) The Minister of Environment shall establish and operate a climate crisis adaptation data management system under Article 37 (2) of the Act (hereinafter referred to as "climate crisis adaptation data management system").

(4) If necessary to facilitate the establishment and operation of a meteorological data management system under Article 37 (1) of the Act and a climate crisis adaptation data management system, the head of the relevant central administrative agency shall provide full cooperation, such as providing information in the competent sector.

 

Article 41 (Formulation and Implementation of National Climate Crisis Adaptation Measures)

(1) The Minister of Environment shall formulate and implement national measures for adaptation to climate crisis (hereinafter referred to as "climate crisis adaptation measures") under Article 38 (1) of the Act, in consultation with the heads of the relevant central administrative agencies.

(2) "Matters prescribed by Presidential Decree" in Article 38 (2) 6 of the Act means matters regarding promotion of a nationwide green life campaign under Article 67 (1) of the Act in connection with climate crisis adaptation measures.

(3) "Where minor matters prescribed by Presidential Decree are modified" in the proviso of Article 38 (3) of the Act means a partial modification of the details of sectoral and regional adaptation measures for climate crisis under paragraph (2) 3 of that Article, or of matters regarding an organizing institution or related institutions, etc., to the extent of not affecting the essential content of climate crisis adaptation measures.

(4) The Minister of Environment shall exercise general supervision over and coordinate the affairs regarding the formulation and implementation of a detailed action plan under Article 38 (4) of the Act (hereinafter referred to as "detailed action plan for adaptation measures").

(5) The Minister of Environment may organize and operate a consultative body comprised of public officials who are members of the Senior Executive Service of the relevant central administrative agencies for the efficient establishment and operation of a climate crisis adaptation data management system and the formulation and implementation of climate crisis adaptation measures and detailed action plans for adaptation measures.

(6) The head of the related central administrative agency shall formulate or modify a detailed action plan for adaptation measures, including the following matters, within three months from the date the climate crisis adaptation measures are formulated or modified pursuant to Article 38 (1) and (3) of the Act:

1. Domestic and international trends in the competent sectors;

2. Implementation progress and performance records;

3. Policy objectives and detailed implementation tasks in the competent sectors;

4. Annual action plans in the competent sectors;

5. Other matters necessary for the implementation of climate crisis adaptation measures.

 

Article 42 (Inspection of Implementation Progress of Climate Crisis Adaptation Measures)

(1) The Minister of Environment shall inspect the implementation progress of the previous year of climate crisis adaptation measures and detailed action plans for adaptation measures under Article 39 (1) of the Act, and shall prepare a report on the inspection results and disclose it on the website of the Ministry of Environment by December 31 of every year after deliberation by the Commission.

(2) The Minister of Environment shall formulate an inspection plan including the following matters and notify the heads of the relevant central administrative agencies thereof to inspect the implementation progress of climate crisis adaptation measures and detailed action plans for adaptation measures under paragraph (1):

1. Subject matters and schedule of inspection;

2. Methods of preparation of performance records;

3. Methods of selection of exemplary cases;

4. Other matters deemed by the Minister of Environment as necessary for inspection.

 

Article 43 (Formulation and Implementation of Regional Adaptation Measures for Climate Crisis)

(1) "Where minor matters prescribed by Presidential Decree are modified" in the proviso of Article 40 (2) of the Act means a partial modification of the details of regional adaptation measures for climate crisis, or matters regarding an organizing institution or related institutions, etc., to the extent of not affecting the essential content of climate crisis adaptation measures in the district under jurisdiction under paragraph (1) of that Article (hereinafter referred to as "regional adaptation measures for climate crisis”).

(2) A Mayor/Do Governor or the head of a Si/Gun/Gu shall consult with the Minister of Environment before undergoing deliberation by the relevant local commission in the following cases:

1. Where he or she formulates or modifies regional adaptation measures for climate crisis pursuant to Article 40 (1) and (2) of the Act (excluding modification of minor matters under the proviso of paragraph (2) of that Article);

2. Where he or she prepares a report on the inspection results under Article 40 (4) of the Act.

(3) The Minister of Environment may hear the opinion of the related specialized institutions, such as Korea Adaptation Center for Climate Change under Article 46 (1) of the Act, when he or she has consultations under paragraph (2).

(4) A Mayor/Do Governor shall submit a report on the inspection results under Article 40 (4) of the Act to the Minister of Environment, and the head of a Si/Gun/Gu to the Minister of Environment and the competent Mayor/Do Governor respectively, by April 30 of each year.

(5) Pursuant to Article 40 (4) of the Act, the Minister of Environment shall compile the reports on the inspection results submitted under paragraph (4) and report them to the Commission by May 31 of each year.

(6) Except as provided in paragraphs (1) through (5), matters necessary for the formulation, modification, inspection of implementation, etc. of regional adaptation measures for climate crisis shall be prescribed and publicly notified by the Minister of Environment.

 

Article 44 (Public Institutions’ Adaptation Measures for Climate Crisis)

(1) The Minister of Environment shall exercise general supervision over the affairs regarding the formulation and implementation of public institutions’ measures for climate crisis under Article 41 (1) of the Act (hereinafter referred to as "public institutions’ adaptation measures for climate crisis") and the management of performance records thereof.

(2) "Institution prescribed by Presidential Decree, such as public institutions that have and manage the facilities vulnerable to climate crisis" in Article 41 (1) of the Act means public institutions or local public enterprises under the Local Public Enterprises Act, which are determined and publicly notified by the Minister of Environment from among the institutions that have and manage the following facilities:

1. Traffic and transportation sector: Roads, railroads, subways, airports, and harbors;

2. Energy sector: Energy production, and distribution and supply of energy;

3. Water supply sector: Water supply, dams, and reservoirs;

4. Environment sector: Sewage, waste treatment, and radioactive waste disposal;

5. Facilities in the sectors publicly notified by the Minister of Environment as he or she deems it necessary to formulate public institutions’ adaptation measures for climate crisis, other than the sectors specified in subparagraphs 1 through 4.

(3) Where the Minister of Environment intends to determine and publicly notify an institution under paragraph (2) (hereinafter referred to as "institution vulnerable to climate crisis"), he or she shall hear the opinions of the heads of relevant central administrative agencies and the head of the competent local government in advance.

(4) The public institutions’ adaptation measures for climate crisis shall include the following:

1. General status and major business affairs of the institutions;

2. Survey, analysis, and prospect of the impacts of climate change and assessment of the risk of climate change related to the operation and management of facilities of the institutions;

3. Institutions’ plans for adaptation to climate crisis and matters necessary for the implementation and management thereof.

(5) The head of an institution vulnerable to climate crisis shall formulate public institutions’ adaptation measures for climate crisis within one year from the date the Minister of Environment publicly notifies under the provisions, with the exception of the subparagraphs, of paragraph (2), and shall submit such measures to the Minister of Environment, the heads of the relevant central administrative agencies, and the heads of the competent local governments without delay.

(6) The Minister of Environment, the head of the relevant central administrative agency, and the head of a competent local government may review the public institutions’ adaptation measures for climate crisis submitted under paragraph (5) and, if necessary, may request the head of the relevant institution vulnerable to climate crisis to supplement them.

(7) The Minister of Environment may provide administrative and technical support necessary for the formulation and implementation of public institutions’ adaptation measures for climate crisis and preparation of performance records to the institutions vulnerable to climate crisis.

 

Article 45 (Implementation of Regional Climate Crisis Response Projects)

(1) For the purpose of implementing a regional climate crisis response project under Article 42 (1) of the Act, the head of a local government may formulate a plan for regional climate crisis response projects, including the following matters:

1. Current status and challenges of climate crisis in each region;

2. Objectives, content, scale, and scope of the project;

3. Implementation strategy and feasibility of the project;

4. Fund-raising plans for the implementation of the project;

5. Plans for inspection and management of implementation progress of the project.

(2) "Institution prescribed by Presidential Decree" in Article 42 (3) of the Act means any of the following institutions:

1. The Korea Water Resources Corporation;

2. The Korea Environment Corporation;

3. The Korea Environmental Industry and Technology Institute;

4. Government-funded research institutes;

5. Other institutions deemed by the head of the relevant central administrative agency as to have professional human resources and organizations necessary to support regional climate crisis response projects.

(3) The head of an institution designated as a support organization under Article 42 (3) of the Act (hereinafter referred to as "support organization for climate crisis") shall submit the results of business performance of the previous year and a business plan for the relevant year to the head of the relevant central administrative agency by the end of February of each year.

(4) Where the head of the relevant central administrative agency designates a support organization for climate crisis pursuant to Article 42 (3) of the Act, he or she shall make a public announcement of the name and scope of business of the support organization for climate crisis in the Official Gazette and on the website of the relevant agency.

(5) If a support organization for climate crisis falls under any of the following cases, the Minister of Environment may revoke the designation of the support organization for climate crisis pursuant to Article 42 (4) of the Act: Provided, That the Minister of Environment shall revoke the designation, in cases falling under subparagraph 1:

1. Where it is designated by fraud or other improper means;

2. Where it performed its business affairs in violation of any of designated matters.

(6) Upon revoking the designation of a support organization for climate crisis pursuant to paragraph (5), the head of the relevant central administrative agency shall make a public announcement of such fact in the Official Gazette and on the website of the relevant agency.

 

Article 46 (Management of Green Homeland)

(1) "Plans prescribed by Presidential Decree" in Article 44 (1) 3 of the Act means the plans specified in attached Table 3.

(2) "Plans prescribed by Presidential Decree, such as a comprehensive national land plan, and a five-year balanced national development plan under the Special Act on Balanced National Development" in Article 44 (3) of the Act means the following plans:

1. A comprehensive national land plan under Article 9 (1) of the Framework Act on the National Land and a Do comprehensive plan under Article 13 (1) of that Act;

2. A five-year balanced national development plan under Article 4 (1) of the Special Act on Balanced National Development;

3. A Seoul metropolitan area readjustment plan under Article 4 (1) of the Seoul Metropolitan Area Readjustment Planning Act.

 

Article 47 (Designation and Evaluation of Korea Adaptation Center for Climate Change)

(1) The Minister of Environment may designate and operate the following institutions or organizations as Korea Adaptation Center for Climate Change pursuant to Article 46 (1) of the Act (hereinafter referred to as "Korea Adaptation Center for Climate Change"):

1. National or public research institutes;

2. Government-funded research institutes;

3. The Korea Environment Corporation;

4. Other institutions or organizations deemed and publicly notified by the Minister of Environment as to have the capabilities to support the formulation and implementation of climate crisis adaptation measures.

(2) The period of designation of Korea Adaptation Center for Climate Change shall be within three years.

(3) "Projects ... prescribed by Presidential Decree" in Article 46 (2) of the Act means each of the following projects:

1. Survey and research projects to implement the following measures or plans:

(a) Climate crisis adaptation measures;

(b) Detailed action plans for adaptation measures;

(c) Regional adaptation measures for climate crisis;

2. Projects to support the formulation and implementation of climate crisis adaptation measures and to promote cooperation with relevant agencies;

3. International exchange, education, and public relations for adaptation to climate crisis;

4. Projects to support the establishment and operation of the climate crisis adaptation data management system;

5. Projects to support surveys and research, technology development, and specialized institutions, and the establishment of domestic and international cooperation systems under Article 37 (3) of the Act;

6. Projects entrusted by the State, local governments, or public institutions in connection with projects referred to in subparagraphs 1 through 5.

(4) The Minister of Environment may evaluate the performance records, etc. under Article 46 (3) of the Act according to the following classifications:

1. Periodic evaluation: To annually evaluate the previous year’s business performance records, etc. of Korea Adaptation Center for Climate Change;

2. Comprehensive evaluation: To evaluate the overall operation of Korea Adaptation Center for Climate Change in the last year of the designation period.

(5) The Minister of Environment may organize and operate an evaluation group for Korea Adaptation Center for Climate Change comprised of relevant experts, for the purpose of conducting an evaluation under paragraph (4) (hereinafter referred to as “evaluation group for Korea Adaptation Center for Climate Change”).

(6) The evaluation group for Korea Adaptation Center for Climate Change shall be comprised of not more than 10 members, including one chief, no later than two months before the scheduled evaluation date.

(7) The chief of the evaluation group for the Korea Adaptation Center for Climate Change shall be a senior executive in charge of affairs regarding adaptation to climate crisis who belongs to the Minister of Environment, and the members of the evaluation group of Korea Adaptation Center for Climate Change shall be commissioned by the Minister of Environment, among persons with extensive knowledge of and experience in climate crisis adaptation measures, etc.

(8) Where the Minister of Environment intends to conduct an evaluation under paragraph (4), he or she shall determine the evaluation methods and schedule according to the classifications in each subparagraph of that paragraph and notify Korea Adaptation Center for Climate Change of such methods and schedule.

(9) The Minister of Environment may reflect the evaluation results under paragraph (4) when providing support under Article 46 (4) of the Act.

 

CHAPTER VII JUST TRANSITION

 

Article 48 (Survey of Impacts on Employment Status)

(1) The Minister of Employment and Labor shall survey the impacts on employment status, such as unemployment that occurs in the course of transition to a carbon neutral society, every five years pursuant to Article 47 (2) of the Act: Provided, That an additional survey may be conducted in cases where the Minister of Employment and Labor deems it necessary, such as where business conversion and structural unemployment cause serious damage in the course of transition to a carbon neutral society.

(2) For the purpose of conducting a survey under paragraph (1), the Minister of Employment and Labor shall formulate a survey plan that includes subject matters, methods of survey, etc.

(3) When the Minister of Employment and Labor formulates a survey plan under paragraph (2), he or she shall hear the opinions of interested parties, such as social groups vulnerable to climate crisis, and residents and industrial circles in a region experiencing the aggravation of social and economic inequalities.

(4) Pursuant to Article 47 (2) of the Act, the Minister of Employment and Labor shall formulate and implement support measures including matters specified in the following subparagraphs, reflecting the survey results under paragraph (1), and report such fact to the Commission without delay:

1. Development and operation of programs for employment assistance, support for job-seeking activities, and vocational skills development training;

2. Support for livelihood of the unemployed;

3. Other support deemed necessary and publicly notified by the Minister of Employment and Labor to support regions or industries experiencing the aggravation of social and economic inequalities in the course of transition to a carbon neutral society.

 

Article 49 (Designation of Special District for Just Transition)

(1) Where a Mayor/Do Governor intends to designate an administrative district under jurisdiction as a special district for just conversion under Article 48 (1) of the Act (hereinafter referred to as "special district for just transition"), he or she shall submit an application containing the following matters to the Minister of Trade, Industry and Energy and the Minister of Employment and Labor, respectively:

1. Administrative districts subject to designation;

2. Data for review on whether the relevant district meets the criteria specified in each subparagraph of Article 48 (1) of the Act;

3. A self-plan for regional industries, employment, and economic recovery;

4. Details of support necessary for regional industries, employment, and economic recovery.

(2) The Minister of Trade, Industry and Energy and the Minister of Employment and Labor upon receipt of an application filed under paragraph (1) may jointly designate a special district for just transition, following consultation with the relevant central administrative agency before deliberation by the Commission pursuant to Article 48 (1) of the Act.

(3) The period of designation of a special district for just transition shall be within two years.

(4) The Minister of Trade, Industry and Energy and the Minister of Employment and Labor may extend the period of designation within the extent of two years after reviewing the regional industrial, employment, and economic conditions, etc. in the regions designated as a special district for just transition: Provided, That the total period of designation shall not exceed five years.

(5) The Minister of Trade, Industry and Energy and the Minister of Employment and Labor may organize a survey team comprised of public officials belonging to the Ministry of Trade, Industry and Energy, the Ministry of Employment and Labor, and the relevant central administrative agencies, and experts, etc. in the fields of company, micro enterprise, industry, employment, labor, region, etc., and may conduct an on-site inspection and collect data to review whether to designate a special district for just transition.

(6) Where the Minister of Trade, Industry and Energy and the Minister of Employment and Labor formulate support measures pursuant to Article 48 (2) of the Act, they shall undergo consultation with the heads of the relevant central administrative agencies, and report the formulated support measures to the Commission.

(7) "Area meeting the requirements prescribed by Presidential Decree" in Article 48 (1) 2 of the Act means a region where companies directly affected by carbon neutral policies are experiencing or are expected to experience deterioration, etc. of the business environment.

(8) The head of the relevant central administrative agency and a Mayor/Do Governor or the head of a Si/Gun/Gu having jurisdiction over an area designated as a special district for just transition shall formulate an action plan to implement support measures under Article 48 (2) of the Act and submit it to the Minister of Trade, Industry and Energy and the Minister of Employment and Labor, respectively.

(9) Upon receipt of an action plan under paragraph (8), the Minister of Trade, Industry and Energy and the Minister of Employment and Labor shall jointly report the plan to the Commission.

(10) A Mayor/Do Governor having jurisdiction over an area designated as a special district for just transition shall prepare an annual report on the current status of operation of the relevant special district for just transition, outcomes and effects of support measures, etc. and submit it to the Minister of Trade, Industry and Energy and the Minister of Employment and Labor, respectively.

(11) "If there are any grounds prescribed by Presidential Decree, such as where grounds for designation under paragraph (1) cease to exist" in Article 48 (3) of the Act means the following cases:

1. Where the grounds for designation under each subparagraph of Article 48 (1) of the Act cease to exist;

2. Where it becomes unnecessary to designate a special district for just transition thanks to the effects of implementation of support measures under Article 48 (2) of the Act.

(12) Where the Minister of Trade, Industry and Energy and the Minister of Employment and Labor designates, modifies, or revokes a special district for just transition pursuant to Article 48 (1) and (3) of the Act, they shall jointly publicly notify the following matters:

1. Location of a special district for just transition;

2. Grounds for designation, modification, or revocation of a special district for just transition;

3. Major content of support measures for a special district for just conversion (limited to cases where a special district for just transition is designated).

(13) Except as provided in paragraphs (1) through (12), matters necessary for the designation, modification, or revocation of a special district for just transition, details and methods of support for a special district for just transition, etc. shall be jointly publicly notified by the Minister of Trade, Industry and Energy and the Minister of Employment and Labor, in consultation with the heads of the relevant central administrative agencies.

 

Article 50 (Support for Business Conversion)

(1) "Types of business prescribed by Presidential Decree" in Article 49 (1) of the Act means the type of business determined and publicly notified by the Minister of SMEs and Startups, such as the types of business emitting large amount of greenhouse gases.

(2) Types of business falling under the green industry under Article 49 (1) of the Act shall be the types of business deemed as requiring support for business conversion and publicly notified by the Minister of SMEs and Startups, in the green industry.

(3) A business entity who intends to request support for business conversion pursuant to Article 49 (1) of the Act shall file an application for support including the following matters with the Minister of SMEs and Startups:

1. The type of business currently in operation and the type of business intended for conversion;

2. A business conversion plan.

(4) Upon receipt of an application for support pursuant to paragraph (3), the Minister of SMEs and Startups shall conduct an on-site inspection of the relevant place of business and determine whether to provide support: Provided, That if it is deemed unnecessary to conduct an on-site inspection, such inspection may be omitted.

(5) The type and scope of support under Article 49 (2) of the Act shall be as follows:

1. Provision of information on the business conversion;

2. Provision of consulting services necessary for business conversion;

3. Support, such as loans for funds necessary for the business conversion;

4. Other support deemed by the Minister of SMEs and Startups as necessary to facilitate business conversion.

(6) The scope of and methods and procedures for on-site inspections conducted under paragraph (4), and other necessary matters shall be determined and publicly notified by the Minister of SMEs and Startups.

 

Article 51 (Minimization of Risk of Property Loss)

(1) "Enterprise, whose greenhouse gas emissions meet or exceed the criteria prescribed by Presidential Decree" in Article 50 (1) of the Act means an enterprise whose annual average of total greenhouse gas emissions for the last three years is not less than 50,000 tCO2-eq or which owns at least one place of business with the annual average greenhouse gas emissions of not less than 15,000 tCO2-eq.

(2) The Minister of Trade, Industry and Energy shall prepare support policy measures including the following matters pursuant to Article 50 (1) of the Act and report the support measures to the Commission:

1. Consulting services for business conversion;

2. Support for research and development of business subject to conversion;

3. Financial and monetary support for expenses for business conversion.

 

Article 52 (Revitalization of Cooperatives)

Pursuant to Article 52 (1) of the Act, the Government may provide the cooperatives and social cooperatives with the following support:

1. Support for business management under Article 10-2 of the Framework Act on Cooperatives;

2. Support for education and training under Article 10-3 of the Framework Act on Cooperatives;

3. Preferential purchase by public institutions under Article 95-2 of the Framework Act on Cooperatives.

 

Article 53 (Establishment and Operation of Just Transition Support Centers)

(1) Pursuant to Article 53 (1) of the Act, the Minister of Trade, Industry and Energy and the Minister of Employment and Labor may establish a just transition support center under Article 53 (1) of the Act (hereinafter referred to as "just transition support center") in each of the following institutions:

1. The Korea Institute for Advancement of Technology established under Article 38 of the Industrial Technology Innovation Promotion Act;

2. The Korea Employment Information Service established under Article 18 of the Framework Act on Employment Policy;

3. Other institutions publicly notified by the Minister of Trade, Industry and Energy and the Minister of Employment and Labor through consultations between them, which have expertise in the industries and regions experiencing the aggravation of social and economic inequalities in the course of transition to a carbon neutral society.

(2) Where the Minister of Trade, Industry and Energy and the Minister of Employment and Labor intends to establish a just conversion support center pursuant to paragraph (1), they shall formulate an establishment plan and report it to the Commission.

(3) A Mayor/Do Governor having jurisdiction over an area designated as a special district for just conversion may establish a just transition support center under Article 53 (1) of the Act, as prescribed by municipal ordinance.

(4) "Matters prescribed by Presidential Decree" in Article 53 (2) 6 of the Act means the following:

1. Survey and research on the domestic and international trends of promoting just transition;

2. Fostering of substitute industries in each region and industry;

3. Support for the linkage and adjustment of projects related to job creation by the Government and local governments;

4. Search and promotion of projects for the industries, employment, regional economic recovery, etc. of special districts for just transition.

(5) A just transition support center shall submit its performance records of the previous year and the business plan for the relevant year to the Minister of Trade, Industry and Energy, the Minister of Employment and Labor, and the competent Mayor/Do Governor, respectively, by January 31 of each year.

(6) Except as provided in paragraphs (1) through (5), matters necessary for the establishment, operation, etc. of a just transition support center shall be jointly determined and publicly notified by the Minister of Trade, Industry and Energy and the Minister of Employment and Labor after consultation with the heads of the relevant central administrative agencies.

 

CHAPTER VIII POLICY MEASURES FOR GREEN GROWTH

 

Article 54 (Promotion of Green Management of Small and Medium Enterprises)

The Minister of SMEs and Startups shall formulate an annual implementation plan to promote green technology and green management of small and medium enterprises pursuant to Article 55 of the Act, and shall report it to the Commission and implement the plan.

 

Article 55 (Recommendation for Correction and Presentation of Opinions)

(1) The Commission may hear the opinion of experts or specialized institutions in the fields of green technology and green industry on the results of the survey of grievances, when it recommends corrective measures or presents its opinions pursuant to Article 59 (5) of the Act.

(2) The recommendation for correction or presentation of opinions under Article 59 (5) of the Act shall be provided in writing specifying the details thereof.

(3) Except as provided in paragraphs (1) and (2), detailed matters necessary for the survey of grievances, recommendation for correction, or presentation of opinions shall be determined by the chairperson of the Commission following resolution by the Commission.

 

Article 56 (Standardization of Green Technology and Green Industry)

(1) The Minister of Science and ICT, the Minister of Culture, Sports and Tourism, the Minister of Agriculture, Food and Rural Affairs, the Minister of Trade, Industry and Energy, the Minister of Environment, the Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, the Minister of SMEs and Startups, the Chairperson of the Korea Communications Commission, and the Minister of the Korea Forest Service may provide support necessary for the activities specified in each of the following subparagraphs, in order to establish a foundation for the standardization of green technology and green industry in the competent sector, pursuant to Article 60 (1) of the Act:

1. Establishment of foundation for standardization in compliance with the international standards and the conformity assessment system;

2. Standardization of green technology and green industries already developed or under research and development in the Republic of Korea;

3. Training of professional human resources for the establishment of the foundation for standardization.

(2) The Minister of Trade, Industry and Energy shall exercise general supervision over the matters regarding the establishment of the foundation for the standardization of green technology and green industry under paragraph (1).

 

Article 57 (Certification of Conformity of Green Technology and Accreditation of Specialized Green Enterprise)

(1) The head of a central administrative agency may grant certification of conformity with respect to green technology (including accreditation of products to which certified green technology is applied; hereinafter referred to as "green certification") in the competent sector or accredit an enterprise with high sales of green technology and green products (hereinafter referred to as "accreditation of specialized green enterprise"), pursuant to Article 60 (2) of the Act.

(2) A person who intends to obtain green certification or accreditation of specialized green enterprise pursuant to paragraph (1) shall apply for certification or accreditation to the head of the competent central administrative agency.

(3) The head of a central administrative agency upon receipt of an application under paragraph (2) shall designate an institution that evaluates the application details (hereinafter referred to as “evaluation institution") and request it to evaluate the green certification or accreditation of specialized green enterprises.

(4) The relevant central administrative agencies shall jointly establish a deliberative council for green certification and accreditation of specialized green enterprise (hereinafter referred to as "green certification council") to verify the evaluation results of the evaluation institution and to decide as to whether to grant green certification or accreditation of specialized green enterprise.

(5) The head of a central administrative agency may require a person who files an application for green certification or accreditation of specialized green enterprise pursuant to paragraph (2) to bear expenses incurred in certification or accreditation.

(6) The effective period of green certification and accreditation of specialized green enterprise shall be three years, and may be extended only once by up to three years.

(7) Except as provided in paragraphs (1) through (6), matters necessary for green certification and accreditation of specialized green enterprise, such as the eligibility, criteria, procedures, and methods for green certification and accreditation of specialized green enterprise, designation of evaluation institutions, composition and operation of a green certification council, expenses incurred in green certification and accreditation of specialized green enterprise, and extension of the effective period shall be jointly determined and publicly notified by the Minister of Economy and Finance, the Minister Science and ICT, the Minister of Culture, Sports and Tourism, the Minister of Agriculture, Food and Rural Affairs, the Minister of Trade, Industry and Energy, the Minister of Environment, the Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, the Minister of SMEs and Startups, and the Chairperson of the Korea Communications Commission.

 

Article 58 (Promotion of Purchase of Green Products)

(1) "Public institutions and others prescribed by Presidential Decree" in Article 60 (2) of the Act means public institutions under the Act on the Promotion of Purchase of Green Products and the Act on Facilitation of Purchase of Small and Medium Enterprise-Manufactured Products and Support for Development of Their Markets (hereafter in this Article referred to as "green public institution”).

(2) The Administrator of the Public Procurement Service may designate and publicly notify items necessary to facilitate the purchases of green products by green public institutions pursuant to Article 60 (2) of the Act, and accordingly prepare the guidelines for procurement.

(3) Where the head of a green public institution makes requests for purchasing or placing an order of products or construction projects, the Administrator of the Public Procurement Service may purchase green products or have green technology utilized in the construction process, after consultation with the head of the relevant green public institution.

 

Article 59 (Development of Clusters and Complexes for Green Technology and Green Industries)

"Institution or organization prescribed by Presidential Decree" in Article 61 (3) of the Act means the following institutions or organizations:

1. A project implementer under Article 4 of the Act on Special Cases concerning Support for Technoparks;

2. The Korea Industrial Complex Corporation under Article 45-17 of the Industrial Cluster Development and Factory Establishment Act;

3. A specific research institute under Article 2 of the Specific Research Institutes Support Act or a joint management organization under Article 8 of that Act;

4. A university, industrial university, junior college, or technical college under the Higher Education Act;

5. A government-funded science and technology research institute;

6. The Korea Industrial Technology Association established with permission of the Minister of Science and ICT under Article 32 of the Civil Act and under the Act on the Establishment and Operation of Public Interest Corporations;

7. The Korea Environment Corporation;

8. The Korea Environmental Industry and Technology Institute;

9. The Korea Transportation Safety Authority under the Korea Transportation Safety Authority Act;

10. A developer of an industrial complex development project under Article 16 (1) 1 of the Industrial Sites and Development Act;

11. The Korea SMEs and Startups Agency under Article 68 of the Small and Medium Enterprises Promotion Act.

 

CHAPTER IX TRANSITION TO CARBON NEUTRAL SOCIETY AND SPREAD OF GREEN GROWTH

 

Article 60 (Composition of Local Governments' Action Alliance for Carbon Neutrality)

(1) The head of a nationwide consultative body referred to in Article 182 (1) 1 and 3 of the Local Autonomy Act shall serve as more than one representative of the Local Governments' Action Alliance for Carbon Neutrality under Article 65 (2) of the Act (hereinafter referred to as the “Action Alliance for Carbon Neutrality”), but it may be prescribed differently by the Management Agreement prescribed by the Action Alliance for Carbon Neutrality.

(2) Each of more than one representative referred to in Article 65 (2) of the Act shall represent the Action Alliance for Carbon Neutrality respectively, and exercise general supervision over the administrative affairs of the Action Alliance.

(3) Each of more than one representative referred to in Article 65 (2) of the Act shall convene the meetings of the Action Alliance for Carbon Neutrality respectively, and preside over the meetings jointly.

(4) The Management Agreement under paragraph (1) shall include the following matters:

1. A local government participating in the Action Alliance for Carbon Neutrality;

2. Administrative affairs to be dealt with by the Action Alliance for Carbon Neutrality and a plan for composition and operation of the secretariat;

3. Organizational composition of the Action Alliance for Carbon Neutrality and the election method of the representatives and their terms of office;

4. Methods of bearing and disbursement of expenses incurred in the operation and administrative affairs of the Action Alliance for Carbon Neutrality;

5. Other matters necessary for the composition and operation of the Action Alliance for Carbon Neutrality.

(5) For the purpose of supporting the activities of the Action Alliance for Carbon Neutrality under Article 65 (4) of the Act, a secretariat may be established in the nationwide consultative body under Article 182 (1) 1 or 3 of the Local Autonomy Act (hereinafter referred to as "Secretariat of the Action Alliance for Carbon Neutrality").

(6) The Secretariat of the Action Alliance for Carbon Neutrality shall have one secretary-general and other necessary staff members, and the secretary-general shall be appointed by the representatives of the Action Alliance for Carbon Neutrality with the consent of the Action Alliance for Carbon Neutrality.

(7) If necessary for operating the Action Alliance for Carbon Neutrality or dealing with the administration affairs of the Secretariat of the Action Alliance for Carbon Neutrality, the Action Alliance for Carbon Neutrality may request public officials belonging to the local governments, or executive officers or employees of public institutions or the relevant institutions, organizations, or research institutes to be dispatched thereto or concurrently hold a position therein.

(8) The Minister of the Interior and Safety and the Minister of Environment may provide support necessary for the Action Alliance for Carbon Neutrality to conduct the matters prescribed in each subparagraph of Article 65 (3) of the Act.

 

Article 61 (Establishment of Cooperative System for Transition to Carbon Neutral Society)

The head of the relevant central administrative agency may establish a cooperative system with enterprises pursuant to Article 66 (5) of the Act to provide economic benefits, including discount and point accumulation for using public transportation or buying eco-friendly agricultural produce or products.

 

Article 62 (Spread of Green Life)

"Programs prescribed by Presidential Decree" in Article 67 (3) 3 of the Act means programs to provide incentives for practicing a green life campaign, such as use of electronic receipts and purchase of products utilizing empty containers.

 

Article 63 (Establishment of Carbon Neutrality Support Center)

(1) Pursuant to Article 68 (1) of the Act, the head of a local government may establish a carbon neutrality support center referred to in that paragraph (hereinafter referred to as "carbon neutrality support center") as prescribed by municipal ordinance, or may designate and operate a carbon neutrality support center from among the following institutions and organizations:

1. An institution affiliated with a local government, or a national or public research institute, or a local government-invested research institute;

2. A school under Article 2 of the Higher Education Act;

3. The Korea Advanced Institute of Science and Technology under the Korea Advanced Institute of Science and Technology Act, Gwangju Institute of Science and Technology under the Gwangju Institute of Science and Technology Act, Daegu Gyeongbuk Institute of Science and Technology under the Daegu Gyeongbuk Institute of Science and Technology Act, and Ulsan National Institute of Science and Technology under the Ulsan National Institute of Science and Technology Act;

4. Other institutions and organizations prescribed by municipal ordinance, which fulfill the requirements specified in the subparagraphs of paragraph (3).

(3) "Affairs prescribed by Presidential Decree" in Article 68 (2) 4 of the Act means each of the following affairs:

1. Identification of plans to promote participation in and improve awareness of the campaign for carbon neutrality in the relevant region and support for the implementation of such plans;

2. Survey, research, education, and public relations activities related to carbon neutrality in the relevant region;

3. Cooperation with foreign local governments in the carbon neutrality projects;

4. Development of models for establishment of carbon neutrality in each sector, including transportation, buildings, wastes, agriculture, livestock, and fisheries;

5. Support for the activities to cope with climate crisis performed by the Action Alliance for Carbon Neutrality;

6. Support for the activities to promote mutual cooperation among local governments to practice carbon neutrality;

7. Assistance in programs for strengthening the capabilities of implementing policies for carbon neutrality of the relevant region;

8. Assistance in the preparation of relevant information and statistics for the calculation and analysis of greenhouse gas statistics in the relevant region.

(3) “Standards for designation prescribed by Presidential Decree” in Article 68 (3) of the Act means each of the following standards:

1. It shall have a dedicated organization and facilities to conduct the affairs under Article 68 (2) of the Act;

2. It shall have professional human resources to perform the affairs under Article 68 (2) of the Act.

(4) Where the head of a local government intends to designate a carbon neutrality support center pursuant to paragraph (1), he or she shall review whether the support center meets the standards specified in the subparagraphs of paragraph (3) and shall determine whether to designate the carbon neutrality support center.

(5) Where the head of a local government designates a carbon neutrality support center under paragraph (4), he or she shall make a public announcement of such designation on the website, etc. of the relevant local government.

(6) For the purpose of supporting the operation of a carbon neutrality support center, the head of a local government may request the carbon neutrality support center to submit data on the following matters:

1. A plan for the operation of the carbon neutrality support center;

2. The current status of human resources, organization, and facilities secured in the carbon neutrality support center;

3. A funding plan for the carbon neutrality support center;

4. Data on the details of the use of the funds provided to the carbon neutrality support center;

5. Other data deemed by the head of the local government as necessary for supporting the operation of the carbon neutrality support center.

(7) Where the carbon neutrality support center falls under any of the following subparagraphs, the head of a local government may revoke the designation: Provided, That in cases falling under subparagraph 1, he or she shall revoke such designation:

1. Where it is designated by fraud or other improper means;

2. Where it fails to perform the affairs of the carbon neutrality support center without good cause for at least three months from the date of designation;

3. Where it ceases to meet the standards for designation referred to in paragraph (3).

(8) Upon revoking the designation of a carbon neutrality support center under paragraph (7), the head of a local government shall notify the relevant institution of the revocation without delay, and publicly announce such revocation on the website of the relevant local government.

(9) If necessary for implementing policies for carbon neutrality and green growth of the State and a region, a carbon neutrality support center may request the Minister of Environment to provide support, such as consulting services for the operation of the carbon neutrality support center. In such cases, the Minister of Environment shall provide support necessary therefor, unless there is a compelling reason not to do so.

 

CHAPTER X ESTABLISHMENT AND OPERATION OF CLIMATE RESPONSE FUND

 

Article 64 (Entrustment of Operation and Management of Climate Response Fund)

(1) Pursuant to Article 72 (2) of the Act, the Minister of Economy and Finance shall entrust the following affairs regarding the operation and management of the Climate Response Fund under Article 69 (1) of the Act (hereinafter referred to as the "Fund") to a corporation or organization designated and publicly notified by the Minister of Economy and Finance:

1. Accounting for the operation and management of the Fund;

2. Preparation of a report on the settlement of accounts of the Fund;

3. Asset management of the Fund;

4. Other affairs determined and publicly notified by the Minister of Economy and Finance for the operation and management of the Fund.

(2) A person entrusted with the affairs under paragraph (1) (hereinafter referred to as "trustee of the Fund") shall keep accounts of the Fund, separately from other operational funds.

(3) If a trustee of the Fund requires expenses to handle the affairs prescribed in each subparagraph of paragraph (1), such expenses shall be borne by the Fund.

(4) A trustee of the Fund shall establish a department exclusively in charge of the operation and management of the entrusted Fund.

(5) A trustee of the Fund shall report the quarterly status of creation and operation of the Fund to the Minister of Foreign Affairs within 40 days from the end date of the relevant quarter.

 

Article 65 (Opening of Fund Account)

Where the Minister of Economy and Finance opens an account pursuant to Article 72 (3) of the Act, he or she shall open the account for the Fund at the Bank of Korea established under the Bank of Korea Act to clarify the revenues and expenditures of the Fund.

 

Article 66 (Composition and Operation of Fund Management Deliberation Council)

(1) The Deliberation Council on Fund Management established under Article 72 (4) of the Act (hereinafter referred to as "Deliberation Council on Fund Management") shall be comprised of up to 10 members, including one chairperson.

(2) The First Vice Minister of Economy and Finance shall serve as the chairperson of the Deliberation Council on Fund Management.

(3) The members of the Deliberation Council on Fund Management shall be appointed or commissioned by the chairperson of the Deliberation Council on Fund Management from among the following persons. In such cases, the chairperson shall commission at least 1/2 of the members from among those falling under subparagraphs 3 and 4:

1. Public officials who are members of the Senior Executive Service of the Ministry of Economy and Finance and are in charge of the management of the Fund;

2. Public officials designated by the heads of the relevant agencies from among the members of the Senior Executive Service of the Ministry of Trade, Industry and Energy, the Ministry of Environment, the Ministry of Land, Infrastructure and Transport, and other relevant central administrative agencies deemed necessary by the chairperson of the Deliberation Council on Fund Management;

3. Persons deemed to have extensive expert knowledge of and experience in the operation and management of the Fund;

4. Persons deemed to have extensive expert knowledge of and experience in coping with climate crisis.

(4) The term of office of the members falling under paragraph (3) 3 and 4 shall be two years.

(5) The Minister of Economy and Finance may dismiss a member commissioned under paragraph (3) 3 and 4, if he or she falls under any of the following cases:

1. If the member becomes incapable of performing his or her duties due to mental or physical disability;

2. If the member is found to commit any misconduct in the course of performing his or her duties;

3. If the member is deemed unsuitable as a member due to delinquency of duties, injury to dignity, or any other reasons;

4. Where the member voluntarily states that he or she finds it difficult to perform his or her duties.

(6) The chairperson of the Deliberation Council on Fund Management shall represent the Deliberation Council on Fund Management and exercise general supervision over its affairs: Provided, That where the chairperson is unable to perform his or her duties due to any unavoidable reason, a member of the Council designated by the Minister of Economy and Finance shall act on his or her behalf.

(7) If necessary for deliberation, the Deliberation Council on Fund Management may require the heads of the relevant agencies or experts in the relevant field to attend the meetings and hear their opinions.

(8) Except as provided in paragraphs (1) through (7), matters necessary for the composition and operation of the Deliberation Council on Fund Management shall be determined by the Minister of Economy and Finance.

 

Article 67 (Report on Operation and Management of Fund to the Commission)

"Important matters prescribed by Presidential Decree" in Article 72 (5) of the Act means matters regarding the major revenues and expenditures of the Fund.

 

Article 68 (Separate Accounting)

The head of a central administrative agency who is distributed with the Fund shall keep accounts of or manage the distributed Fund separately from other accounts or funds.

 

Article 69 (Operational Rules of Fund)

Except as provided in this Decree, matters necessary for the operation and management of the Fund and the performance of the Fund projects shall be determined by the Minister of Economy and Finance.

 

CHAPTER XI SUPPLEMENTARY PROVISIONS

 

Article 70 (Preparation of National Reports)

(1) The Minister of Environment shall prepare and update the reports under each subparagraph of the Article 77 (1) of the Act through deliberation by the Commission, after consulting with the head of the relevant central administrative agency pursuant to Article 77 (1) of the Act.

(2) The Minister of Environment and the head of the relevant central administrative agency may hear the opinions of the relevant experts, interested parties, etc., where necessary for the preparation or update of a report under paragraph (1).

(3) The Minister of Foreign Affairs shall submit a report prepared and updated under paragraph (1) to the Conference of the Parties of the United Nations Framework Convention on Climate Change (UNFCC COP).

(4) "Reports prescribed by Presidential Decree" in Article 77 (1) 5 of the Act means reports under Article 6 of the Paris Agreement.

 

Article 71 (Reporting to the National Assembly)

(1) "Where minor matters prescribed by Presidential Decree are modified" in the proviso of Article 78 (1) of the Act means cases prescribed in each subparagraph of Article 5 (3).

(2) "Where minor matters prescribed by Presidential Decree are altered" in the proviso of Article 78 (2) of the Act means cases prescribed in each subparagraph of Article 6 (3).

(3) Pursuant to Article 78 (3) of the Act, the Commission shall report the inspection results of the implementation progress of the national framework plan for carbon neutrality in the previous year to the National Assembly by December 31 of each year, while a Mayor/Do Governor or the head of a Si/Gun/Gu shall report the inspection results of the previous year’s implementation progress of City/Do plans for carbon neutrality or Si/Gun/Gu plans for carbon neutrality, to the local council by December 31 of each year.

 

Article 72 (Designation of Chief Officer of Compliance with Carbon Neutrality)

(1) The requirements for designation of a chief officer of compliance with carbon neutrality under Article 79 (1) of the Act shall be classified as follows:

1. Where a chief officer of compliance with carbon neutrality is designated by the head of a central administrative agency: A public official who is a member of the Senior Executive Service and in charge of formulating and implementing carbon neutral policies of the relevant agency;

2. Where a chief officer of compliance with carbon neutrality is designated by a Mayor/Do Governor: A person who falls under any of the following items:

(a) A deputy mayor or vice governor prescribed in Article 71 (2) and (3) of the Enforcement Decree of the Local Autonomy Act;

(b) A person who is positioned in the class equivalent to the deputy minister of office or director general of bureau, which is placed in the head office under Article 10 and attached Table 2, or Article 12 and attached Table 7, of the Regulations on Administrative Organizations of Local Governments and Standards for the Prescribed Number of Their Personnel, who is in charge of formulating and implementing the carbon neutral policies of the relevant local government;

3. Where a chief officer of compliance with carbon neutrality is designated by the head of a Si/Gun/Gu: A person who falls under any of the following items:

(a) A deputy head of a Si/Gun/Gu prescribed in Article 71 (7) of the Enforcement Decree of the Local Autonomy Act;

(b) A person who is positioned in the class equivalent to the deputy minister of office (referring to the level of director general of bureau) or director general of bureau, which is placed in the head office under Article 14 and attached Table 3 of the Regulations on Administrative Organizations of Local Governments and Standards for the Prescribed Number of Their Personnel, who is in charge of formulating and implementing carbon neutral policies of the relevant local government: Provided, That in cases of a Si/Gun/Gu that does not have an office or bureau under Article 13 of the Regulations on Administrative Organizations of Local Governments and Standards for the Prescribed Number of Their Personnel, it refers to a person who is positioned in the class equivalent to the chief of office (referring to a director-level), director, or officer in charge that is placed in the head office pursuant to attached Table 3 of that Regulation.

(2) The duties of a chief officer of compliance with carbon neutrality under Article 79 (2) of the Act shall be classified as follows:

1. Duties of a chief officer of compliance with carbon neutrality designated by the head of a central administrative agency:

(a) Setting of greenhouse gas mid- to long-term reduction targets, etc. and inspection of the current status of implementation under Article 9 (1) of the Act;

(b) Formulation and implementation of a national framework plan for carbon neutrality and inspection of its implementation progress and major achievements under Article 13 (1) of the Act;

(c) Preparation and submission of information and statistics in the competent sector under Article 36 (2) of the Act;

(d) Formulation and implementation of climate crisis adaptation measures and inspection of the implementation progress under Article 39 (1) of the Act;

(e) Education and public relations for carbon neutral policies;

(f) Other duties deemed by the head of the competent central administrative agency as necessary for facilitating the transition to a carbon neutral society and the promotion of green growth;

2. Duties of the chief officer of compliance with carbon neutrality designated by a Mayor/Do Governor or the head of a Si/Gun/Gu:

(a) Formulation and implementation of City/Do plans for carbon neutrality or Si/Gun/Gu plans for carbon neutrality and inspection of its implementation progress and major achievements under Article 13 (2) of the Act;

(b) Preparation and submission of relevant information and statistics for the calculation, analysis, etc. of regional greenhouse gas statistics under Article 36 (3) of the Act;

(c) Formulation and implementation of regional adaptation measures for climate crisis and the inspection of the implementation progress thereof under Article 40 (4) of the Act;

(d) Education and public relations for carbon neutral policies;

(e) Other duties deemed by a Mayor/Do Governor or the head of a Si/Gun/Gu as necessary for facilitating the transition to a carbon neutral society and the promotion of green growth.

 

Article 73 (Delegation of Authority)

(1) The Minister of Environment shall delegate the following authority to the head of GIR pursuant to Article 81 (1) of the Act:

1. Assistance with the inspection of the implementation progress of the annual reduction targets under Article 4 (3);

2. Analysis of economic effects under Article 5 (2) 2;

3. Preparation and management of a registry under Article 17 (7);

4. Preparation and management of a registry of greenhouse gas emitters under control under Article 22;

5. Preparation and management of an international mitigation registry under Article 35 (1);

6. Preparation and management of spatial data and maps under Article 39 (13);

7. Preparation and update of a report under Article 70 (1).

(2) The Minister of Environment shall delegate his or her authority over constant measurement, surveys, and disclosure of the changes in greenhouse gas concentrations in the atmosphere under Article 40 to the President of the National Institute of Environmental Research, pursuant to Article 81 (1) of the Act.

(3) The Administrator of the Korea Meteorological Administration shall delegate his or her authority over constant measurement, surveys, and disclosure of the changes in greenhouse gas concentrations in the atmosphere under Article 40 to the Director General of the National Institute of Meteorological Sciences, pursuant to Article 81 (1) of the Act.

(4) The Minister of Agriculture, Food and Rural Affairs shall delegate the following authority to the Minister of the Korea Forest Service, pursuant to Article 81 (1) of the Act:

1. Prior approval of an international mitigation project in the forestry sector, revocation of prior approval, and notification thereof under Article 32 (1), (2), (4), and (5);

2. Review of the details of reports on international mitigation projects in the forestry sector under Article 34 (1);

3. Prior approval for transfer of international mitigation outcomes in the forestry sector under Article 37 (1) and (2).

 

Article 74 (Entrustment of Business Affairs)

(1) The head of a central administrative agency shall entrust the affairs of receiving applications for green certification and accreditation of specialized green enterprise under Article 57 (2) to the Korea Institute for Advancement of Technology under Article 38 of the Industrial Technology Innovation Promotion Act, pursuant to Article 81 (2) of the Act.

(2) Pursuant to Article 81 (2) of the Act, the Minister of Environment shall entrust the Korea Environment Corporation with the following affairs:

1. Assistance with the compilation and reporting of City/Do plans for carbon neutrality and Si/Gun/Gu plans for carbon neutrality under Articles 11 (4) and 12 (3) of the Act;

2. Support specified in each subparagraph of Article 6 (6) and each subparagraph of Article 7 (5);

3. Assistance with preparation of reports and reporting to the Commission under Article 8 (7);

4. Support for the affairs specified in each subparagraph of Article 16;

5. Support for the review of greenhouse gas reduction targets of public institutions, etc. under Article 17 (4) and the review of performance records under the former part of paragraph (8) of that Article;

6. Technical support, fact-finding survey and diagnosis, provision of data and information, and establishment of an information system under Articles 26 (6) and 27 (7) of the Act;

7. Support for the general supervision and coordination of the affairs regarding the setting and management of the greenhouse gas control targets and the succession to rights and obligations under Article 18 (1), and support for the affairs regarding the setting and management of greenhouse gas control targets and the succession to rights and obligations in the waste sector under Article 18 (1) 3;

8. Survey, analysis, and review for prior approval under Article 32 (2);

9. Review of the reported details of international mitigation projects under Article 34 (1);

10. Review of the reported details off acquisition of international mitigation outcomes under Article 36 (1);

11. Survey, analysis, and review for prior approval under Article 37 (2);

12. Assistance with compilation and submission of the data and statistics on greenhouse gases in the wastes sector under Article 39 (8) 3;

13. Support such as training and education of professional human resources, consulting services, provision of information under Article 39 (10);

14. Support for the implementation of programs referred to in each subparagraph of Article 67 (3) of the Act;

15. Support such as consulting services for the operation of a carbon neutrality support center under Article 63 (9);

16. Assistance with collection, survey, analysis, and provision of the trends and information on the programs and policies related to coping with climate crisis under Article 76 of the Act.

(3) Pursuant to Article 81 (2) of the Act, the Minister of Environment shall entrust the National Institute of Ecology under the Act on the Establishment and Operation of the National Institute of Ecology with support for the compilation and submission of the data and statistics on greenhouse gases in the inland wetlands sector under Article 39 (8) 3.

(4) Pursuant to Article 81 (2) of the Act, the Minister of Environment shall entrust the Korea Environmental Preservation Association under Article 59 (1) of the Framework Act on Environmental Policy with each of the following affairs:

1. Education and public relations under Article 67 (4) of the Act;

2. Support with programs for training of and support for professional human resources under Article 67 (5) of the Act;

3. Support for education and public relations activities through mass media under Article 67 (6) of the Act.

(5) Pursuant to Article 81 (2) of the Act, the Minister of Agriculture, Food and Rural Affairs shall entrust the affairs related to the setting and control of greenhouse gas reduction targets and the succession to the rights and obligations in the sectors classified in the following subparagraphs to the agencies prescribed in the relevant subparagraph, respectively:

1. Agriculture, livestock, and food sectors referred to in Article 18 (1) 1: The Korea Agricultural Technology Promotion Agency under Article 33 of the Agricultural Community Development Promotion Act;

2. Forestry sector referred to in Article 18 (1) 1: The Korea Forestry Promotion Institute under Article 29-2 of the Forestry and Mountain Villages Development Promotion Act.

(6) Pursuant to Article 81 (2) of the Act, the Minister of Agriculture, Food and Rural Affairs shall entrust the following affairs in the agriculture, livestock, and food sectors to the Korea Rural Community Corporation incorporated under the Korea Rural Community Corporation and Farmland Management Fund Act:

1. Survey, analysis, and review for prior approval under Article 32 (2);

2. Review of reported details of international mitigation projects under Article 34 (1);

3. Review of the reported details of acquisition of the international mitigation outcomes under Article 36 (1);

4. Survey, analysis, and review for prior approval under Article 37 (2).

(7) The Minister of Agriculture, Food and Rural Affairs shall entrust the following affairs in the forestry sector to the Korea Forestry Promotion Institute under Article 29-2 of the Forestry and Mountain Villages Development Promotion Act, pursuant to Article 81 (2) of the Act:

1. Survey, analysis, and review for prior approval under Article 32 (2);

2. Review of the reported details of acquisition of the international mitigation outcomes under Article 36 (1);

3. Survey, analysis, and review for prior approval under Article 37 (2).

(8) Pursuant to Article 81 (2) of the Act, the Minister of Trade, Industry and Energy shall entrust the Korea Energy Agency under Article 45 (1) of the Energy Use Rationalization Act with the affairs related to setting and control of the greenhouse gas reduction targets and succession to the rights and obligations in the industry and power generation sectors under Article 18 (1) 2.

(9) Pursuant to Article 81 (2) of the Act, the Minister of Trade, Industry and Energy shall entrust the Korea Energy Agency under Article 45 (1) of the Energy Use Rationalization Act and the Korea Trade-Investment Promotion Agency under the Korea Trade-Investment Promotion Agency Act with each of the following affairs. In such cases, the Minister of Trade, Industry and Energy shall publicly notify the trustee and details of the entrusted affairs:

1. Survey, analysis, and review for prior approval under Article 32 (2);

2. Review of the reported details of international mitigation projects pursuant to Article 34 (1);

3. Review of the reported details of acquisition of international mitigation outcomes under Article 36 (1);

4. Survey, analysis, and review for prior approval under Article 37 (2).

(10) Pursuant to Article 81 (2) of the Act, the Minister of Trade, Industry and Energy shall entrust an industrial research institute under Article 8 and subparagraph 8 of the attached Table of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes with the affairs regarding on-site inspection and data collection under Article 49 (5).

(11) Pursuant to Article 81 (2) of the Act, the Minister of Land, Infrastructure and Transport shall entrust the affairs regarding the setting and control of greenhouse gas reduction targets and succession to the rights and obligations in the sectors classified in the following subparagraphs to the relevant institution prescribed in the relevant subparagraph, respectively:

1. Buildings under Article 18 (1) 4: The Korea Energy Agency under Article 45 (1) of the Energy Use Rationalization Act;

2. Transportation (excluding marine transportation and ports) under Article 18 (1) 4: The Korea Transportation Safety Authority under the Korea Transportation Safety Authority Act;

3. Construction under Article 18 (1) 4: The Korea Real Estate Board under the Korea Real Estate Board Act.

(12) The Minister of Land, Infrastructure and Transport shall entrust the following affairs to the International Contractors Association of Korea under Article 23 of the Overseas Construction Promotion Act, pursuant to Article 81 (2) of the Act:

1. Survey, analysis, and review for prior approval under Article 32 (2);

2. Review of the reported details of international mitigation projects pursuant to Article 34 (1);

3. Review of the reported details of acquisition of international mitigation outcomes under Article 36 (1);

4. Survey, analysis, and review for prior approval under Article 37 (2).

(13) Pursuant to Article 81 (2) of the Act, the Minister of Land, Infrastructure and Transport may entrust the following institutions with the affairs relating to formulating and managing spatial data and maps under Article 39 (13). In such cases, the Minister of Land, Infrastructure and Transport shall publicly notify the trustee and details of the entrusted affairs:

1. Government-funded research institutes;

2. Government-funded science and technology research institutes;

3. Public institutions.

(14) Pursuant to Article 81 (2) of the Act, the Minister of Oceans and Fisheries shall entrust the following affairs to the Korea Marine Environment Management Corporation under Article 96 (1) of the Marine Environment Management Act:

1. Affairs regarding the setting and control of greenhouse gas reduction targets and succession to the rights and obligations in the sectors of oceans, fisheries and harbors under Article 18 (1) 5;

2. Survey, analysis, and review for prior approval under Article 32 (2);

3. Review of the reported details of international mitigation projects under Article 34 (1);

4. Review of the reported details of acquisition of international mitigation outcomes under Article 36 (1);

5. Survey, analysis, and review for prior approval under Article 37 (2).

(15) Pursuant to Article 81 (2) of the Act, the Minister of Oceans and Fisheries shall entrust the Korea Maritime Transportation Safety Authority under the Korea Maritime Transportation Safety Authority Act with the affairs regarding the setting and control of greenhouse gas reduction targets and succession to the rights and obligation in the marine transportation sector under Article 18 (1) 5.

 

Article 75 (Re-Examination of Regulation)

The Minister of Environment shall examine the appropriateness of the following matters every five years, counting from each base date specified in the relevant subparagraphs (referring to the period that ends on the day before the base date of every fifth year) and shall take measures, such as making improvements:

1. Climate change impact assessment under Article 15: September 25, 2022;

2. Standards for designation of greenhouse gas emitters under control under Article 19: March 25, 2022;

3. Standards, methods, and procedures for prior approval of international mitigation projects under Article 32: March 25, 2022;

4. Standards, methods, and procedures for prior approval for transfer of international mitigation outcomes under Article 37: March 25, 2022.

 

Article 76 (Imposition and Collection of Administrative Fines)

(1) Administrative fines under Article 83 (1) of the Act shall be imposed and collected by the sectoral competent agency, through consultation with the Minister of Environment.

(2) The criteria for imposition of administrative fines under paragraph (1) shall be as specified in attached Table 4.

 

ADDENDA

Article 1 (Enforcement Date)

This Decree shall enter into force on March 25, 2022: Provided, That Articles 64 through 69 shall enter into force on the date of its promulgation, Articles 53 and 63 shall enter into force on July 1, 2022, and Article 15 shall enter into force on September 25, 2022.

Article 2 (Repeal of Other Statutes or Regulations)

(1) The provisions on the establishment and operation of the 2050 Carbon Neutrality Committee shall be repealed.

(2) The Enforcement Decree of the Framework Act on Low Carbon, Green Growth shall be repealed.

Article 3 (Applicability to Submission of Greenhouse Gas Information and Statistics)

Greenhouse gas information and statistics in the field of regular settlement, among greenhouse gas information and statistics by sector referred to in Article 39 (5) 4, shall be submitted beginning with cases where the Minister of Land, Infrastructure and Transport submits greenhouse gas information and statistics on or after January 1, 2024.

Article 4 (Special Cases concerning Preparation and Submission of Greenhouse Gas Information and Statistics)

(1) The head of a central administrative agency shall prepare and submit the greenhouse gas information and statistics to be prepared and submitted in 2022 pursuant to Article 39 (5) by June 30, 2022.

(2) A Mayor/Do Governor and the head of a Si/Gun/Gu shall prepare and submit greenhouse gas information and statistics to be prepared and submitted in 2022 pursuant to Article 39 (6) by June 30, 2022.

Article 5 (Special Cases concerning Preparation and Submission of Reports on Results of Regional Adaptation Measures for Climate Crisis)

(1) A Mayor/Do Governor and the head of a Si/Gun/Gu shall prepare and submit a report on the results of regional adaptation measures for climate crisis to be prepared and submitted in 2022 pursuant to Article 43 (4) by September 30, 2022.

(2) The Minister of Environment shall compile the reports on the results submitted under paragraph (1) and report the compilation of reports to the Committee by October 30, 2022.

Article 6 (Transitional Measures concerning Commissioned Members of Committee)

The members of the 2050 Carbon Neutrality Committee who were commissioned pursuant to Article 3 (3) 2 of the previous Regulations on the Establishment and Operation of the 2050 Carbon Neutrality Committee as at the time this Decree enters into force shall be deemed commissioned as members of the Committee. In such cases, the term of office of the relevant Committee members shall expire when a commissioned member is first appointed after this Decree enters into force.

Article 7 (Transitional Measures concerning Greenhouse Gas Target Control in Public Sector)

Where the greenhouse gas reduction and energy saving targets were submitted pursuant to Article 28 (1) of the previous Enforcement Decree of the Framework Act on Low Carbon, Green Growth as at the time this Decree enters into force, the greenhouse gas reduction targets shall be deemed submitted pursuant to Article 17 (2) of this Decree.

Article 8 (Transitional Measures concerning Designation of Greenhouse Gas Emitters under Control)

Greenhouse gas emitters under control designated pursuant to Article 29 (3) of the previous Enforcement Decree of the Framework Act on Low Carbon, Green Growth as at the time this Decree enters into force shall be deemed greenhouse gas emitters under control designated pursuant to Article 20 (3) of this Decree.

Article 9 (Transitional Measures concerning Members of Greenhouse Gas Information Disclosure Examination Committee)

The members of the examination committee for disclosure of statements who are designated or commissioned under Article 35 (7) of the previous Enforcement Decree of the Framework Act on Low Carbon, Green Growth as at the time this Decree enters into force shall be deemed designated or commissioned as the members of the Greenhouse Gas Information Disclosure Examination Committee. In such cases, the term of office of the relevant member shall expire when a member of the Greenhouse Gas Information Disclosure Examination Committee is appointed or commissioned for the first time after this Decree enters into force.

Article 10 (Transitional Measures concerning Korea Adaptation Center for Climate Change)

Korea Adaptation Center for Climate Change which is designated under Article 9-2 of the Clean Air Conservation Act and the designation period of which has not expired as at the time this Decree enters into force shall be deemed Korea Adaptation Center for Climate Change designated under the Act and this Decree until Korea Adaptation Center for Climate Crisis is designated under Article 46 (1) of the Act and Article 47 (1) of this Decree.

Article 11 (Transitional Measures concerning Certification of Conformity of Green Technology and Accreditation of Specialized Green Enterprise)

The certification of conformity of green technology and green business or accreditation of specialized green enterprise under Article 19 (1) of the previous Enforcement Decree of the Framework Act on Low Carbon, Green Growth as at the time this Decree enters into force shall be deemed the green certification and accreditation of specialized green enterprise under Article 57 (1) of this Decree.

Article 12 Omitted.

Article 13 (Relationship to Other Statutes or Regulations)

(1) Any citation of the previous Regulations on Establishment and Operation of 2050 Carbon Neutrality Committee or any provisions thereof in other statutes or regulations as at the time this Decree enters into force shall be deemed a citation of this Decree or the relevant provisions of this Decree in lieu of the previous Regulations on Establishment and Operation of 2050 Carbon Neutrality Committee or the provisions thereof, if such relevant provisions exist in this Decree.

(2) Any citation of the previous Enforcement Decree of the Framework Act on Low Carbon, Green Growth or any provisions thereof in other statutes or regulations as at the time this Decree enters into force shall be deemed a citation of this Decree or the relevant provisions of this Decree in lieu of the Framework Act on Low Carbon, Green Growth or the provisions thereof, if the relevant provisions exist in this Decree.

 

 

ADDENDUM

Article 1 (Enforcement Date)

This Decree shall enter into force on June 16, 2022.

Articles 2 and 3 Omitted.

 

 

ADDENDUM

Article 1 (Enforcement Date)

This Decree shall enter into force on July 11, 2022.

Article 2 Omitted.

 

 

ADDENDA

Article 1 (Enforcement Date)

This Decree shall enter into force on September 25, 2022.

Article 2 (Applicability to Time of Notification of Municipal Ordinance)

The amended provisions of Article 9 (5) 1 shall apply beginning with the cases where the municipal ordinances concerning the amended provisions of paragraph (4) 1 of that Article are pre-announced for legislation after this Decree enters into force.

Article 3 (Transitional Measures concerning Statistics Management Committee Members)

(1) The chairperson of the statistics management committee under the former provisions of Article 39 (3) as at the time this Decree enters into force shall be deemed the chairperson of the National Statistics Management Committee under the amended provisions of that paragraph.

(2) The statistics management committee members under the former Article 39 (3) as at the time this Decree enters into force shall be deemed the members of the National Statistics Management Committee under the amended provisions of subparagraph 1 of that paragraph.

(3) Where a member of the National Statistics Management Committee is commissioned pursuant to the amended provisions of the latter part, with the exception of the subparagraphs, of Article 39 (3) after this Decree enters into force, the committee members of a specific gender shall be commissioned until the requirements under the relevant amended provisions are satisfied.

 

 

 

Last updated : 2023-05-16



[Source: https://elaw.klri.re.kr/kor_service/lawView.do?lang=ENG&hseq=61346]