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CLEAN AIR CONSERVATION ACT
CLEAN AIR CONSERVATION ACT
INTRODUCTION
Details of Enactment and Amendment
- Enactment: This Act was enacted on August 1, 1990 as Act No. 4262 with the purpose of enabling all citizens to live in a healthy
and comfortable environment by preventing the danger and harm to the national health and environments due to air pollution, and by
properly controlling and preserving the atmospheric environment.
- Amendment: This Act was amended on December 26, 2002, in order to have the Mayor/Do governor issue an order to transfer the automobiles
using light oil into the pollution-free or low-pollution cars, or to attach the devices designed to reduce or lower exhaust gas,
for the purpose of improving the atmospheric quality under the conditions as stipulated by the Municipal Ordinances. On the other
hand, this Act was amended to have the Mayor/Do governor introduce the close inspection systems, and prohibit any supply, sale or
use of illegally produced oil products etc. as the fuel or additives for cars, in order to reduce the exhaust gas from the wornout
cars.
Main Contents
- In order to grasp the actual status of nationwide air pollutions, the Minister of Environment shall install a measuring network,
and measure the degree of air pollution at all times.
- In order to ensure the accuracy and uniformity in measuring the pollutants, the Minister of Environment shall determine and publicly
announce an official air pollution test method.
- When admitted that there exist concerns over causing the grave danger and harm to the residents health or environments as the degree
of air pollution exceeds the environmental standards for atmosphere, the Mayor/Do governor may issue the air pollution warning to
the area concerned.
- Permissible emission standards of air pollutants emitted from air pollutant emission facilities shall be stipulated by the Ordinance
of the Ministry of Environment.
- With regard to the area where there exist concerns over having exceeded or exceeding the environmental standards, the Minister of
Environment may designate and publicly announce it as the air environment regulation area, in case where it is deemed necessary to
improve atmospheric quality.
- With regard to the business place in a zone which is admitted that there exist concerns over causing a grave danger or harm to the
residents health or environments as the status of air pollution exceeds the environmental standards, the Minister of Environment
may regulate the emitted pollutants in total quantity.
- Persons intending to install discharge facilities shall either obtain permission from the Minister of Environment, or file a report
thereon with the said Minister.
- In order to prevent or reduce damages to atmospheric environments due to air pollutants, the discharge dues may be imposed on enterprisers
discharging the air pollutants, and be collected from them.
- When an enterpriser operates his discharge facilities, he shall either measure pollutants discharged in person, or have a vicarious
measurement businessman measure them. Results thereof shall be recorded and preserved.
- Persons intending to manufacture automobiles (including their imports), shall manufacture them in such a way that the pollutants
to be emitted from the relevant cars shall meet the permissible emission standards as stipulated by the Ordinance of the Ministry
of Environment.
- Owners of the automobiles shall operate them in such a way that gas to be exhausted from the relevant cars shall meet the permissible
exhaust gas standards, and undergo a regular inspection on whether or not meeting the standards.
- Persons intending to produce the fuel or additives (including their imports) to be used for the cars shall produce them in such
a way that they shall meet the standards as stipulated by the Ordinance of the Ministry of Environment.
CLEAN AIR CONSERVATION ACT
Amended by Act No. 7459, Mar. 31, 2005
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to enable all citizens to live in a healthy and comfortable environment through preventing danger and damage
to the national health and environment due to air pollution, and managing and preserving the atmospheric environment in a proper
and sustainable way. <Amended by Act No. 7458, Mar. 31, 2005>
Article 2 (Definitions)
The definitions of the terms used in this Act shall be as follows: <Amended by Act No. 4561, Jun. 11, 1993; Act No. 5094, Dec.
29, 1995; Act No. 6826, Dec. 26, 2002; Act No. 7458, Mar. 31, 2005>
1.The term air pollutants means gas or any granular or malodorous matter causing air pollution, which is prescribed by the Ordinance
of the Ministry of Environment;
1-2.The term matter inducing change in climate and ecosystem means any gaseous matter which may cause any change of the ecosystem
because the weather becomes warmer, including greenhouse gas and other matters as prescribed by the Ordinance of the Ministry of
Environment;
1-3. The term greenhouse gas means any gaseous matter of the atmosphere that contributes to the greenhouse effect by absorbing or
re-emitting infrared radiant heat, including carbon dioxide, methane, nitrous oxide, hydrofluorocarbon, perfluorocarbon, and sulfur
hexafluoride;
2.The term gas means any gaseous matter to be produced at the time of combustion, synthesis and decomposition of matter or by its
physical nature;
3.The term granular matter means any solid or liquid fine matter produced when any substance is crushed, sorted, piled, reloaded,
mechanically treated, burned, synthesized or decomposed;
4.The term dust means granular matter floating around or falling down in the air;
5.The term exhaust fumes means fine granular matter such as free carbon produced at the time of burning;
6.The term soot means granular matter condensed of free carbon produced at the time of burning, and the granule of which is larger
than 1 micron in diameter;
7.The term malodor means a smell given out of hydrogen sulfide, mercaptans, amines, and other stimulative gaseous matters which
stink and thus arouse unpleasant feelings and aversion;
8.The term specified air noxious substance means air pollutants which might directly or indirectly inflict any danger and injury
to the human health and property or the growth and breeding of animals and plants, and which are prescribed by the Ordinance of the
Ministry of Environment;
8-2.The term volatile organic compound means the petroleum chemical products, organic solvents, and other substances from among
the hydrocarbon sort, which are published by the Minister of Environment in consultation with the heads of central administrative
agencies;
9.The term air pollutant emission facilities means facilities, machines, apparatus and other things which emit air pollutants in
the air, and which are prescribed by the Ordinance of the Ministry of Environment;
10.The term air pollution preventive facilities means facilities which eliminate or reduce air pollutants emitted out of air pollutant
emission facilities, and which are prescribed by the Ordinance of the Ministry of Environment;
11.The term motor vehicles means automobiles as prescribed in subparagraph 1 of Article 2 of the Automobile Management Act and construction
machines as prescribed in subparagraph 1 of Article 2 of the Construction Machinery Management Act, which are prescribed by the Ordinance
of the Ministry of Environment; and
12.The term additives means chemical substances except any matter consisted only of carbon and hydrogen, which improve the performance
of automobiles by adding small quantity to fuel of the automobiles, or reduce emissions of automobiles, and which are prescribed
by the Ordinance of the Ministry of Environment.
Article 3 (Regular Measurement)
(1) In order to grasp the actual conditions of air pollution throughout the country, the Minister of Environment shall install a measuring
network, and measure at all times the degree of air pollution. <Amended by Act No. 5094, Dec. 29, 1995>
(2) In order to grasp the actual conditions of air pollution in the area under his jurisdiction, the Special Metropolitan City Mayor,
Metropolitan City Mayor, or Do governor (hereinafter referred to as the Mayor/Do governor ) shall create a measuring network, measure
at all times the degree of air pollution, and file a report on the results of the measurements with the Minister of Environment under
the conditions as prescribed by the Ordinance of the Ministry of Environment. <Amended by Act No. 5094, Dec. 29, 1995; Act No.
5961, Apr. 15, 1999; Act No. 6826, Dec. 26, 2002>
Article 4 (Determination on Measuring Network Installation Program, etc.)
(1) The Minister of Environment shall determine a measuring network installation program specifying the location and area of the measuring
network as prescribed in Article 3 (1), notify it publicly under the conditions as prescribed by the Ordinance of the Ministry of
Environment, and let any person inspect the drawing plot thereof. This provision shall also apply when he modifies it. <Amended
by Act No. 5094, Dec. 29, 1995>
(2) The provisions of paragraph (1) shall apply mutatis mutandis to the case where the Mayor/Do governor installs the measuring network
pursuant to the provisions of Article 3 (2).
(3) The State may provide necessary financial and technical assistance in implementing the plans, decided and published by the Mayor/Do
governor pursuant to the provisions of paragraph (2), for creating the measuring network within a target period. <Newly Inserted
by Act No. 5961, Apr. 15, 1999>
Article 5 (Expropriation and Use of Land, etc.)
(1) The Minister of Environment or the Mayor/Do governor may expropriate or use land, building or things fixed to the land, if required
for installing the measuring network according to the measuring network installation program notified publicly under Article 4. <Amended
by Act No. 5094, Dec. 29, 1995>
(2) The procedures, compensation for loss, etc. of expropriation or use as referred to in paragraph (1) shall be subject to the conditions
as prescribed by the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor. <Amended by Act No.
6656, Feb. 4, 2002>
Article 6 (Relation with Other Acts)
(1) When the Minister of Environment or the Mayor/Do governor has determined and notified publicly the measuring network installation
program under Article 4, the permission for occupation and use of the road as prescribed in Article 40 of the Road Act shall be considered
to have been granted. <Amended by Act No. 5094, Dec. 29, 1995>
(2) If the measuring network installation program as prescribed in Article 4 contains matters concerning permission for occupation
and use of the road as referred to in paragraph (1), the Minister of Environment or the Mayor/Do governor shall consult with the
head of the road management agency before the determination and its notification is made. <Amended by Act No. 5094, Dec. 29, 1995>
Article 7 (Official Air Pollution Test Method)
For accuracy and uniformity of the measurement of the pollutants, the Minister of Environment shall determine the official air pollution
test method and announce it publicly. <Amended by Act No. 5094, Dec. 29, 1995>
Article 7-2 (Air Pollution Warning)
(1) If the degree of the air pollution exceeds the environmental standards for atmosphere as prescribed in Article 10 of the Framework
Act on Environmental Policy (hereinafter referred to as the environmental standards ), and it might cause any grave danger and injury
to residents health and properties or animals or plants breeding and growth, the Mayor/Do governor may issue the air pollution
warning to an affected area. If the cause by which the air pollution warning is given, disappears, the Mayor/Do governor shall remove
it immediately. <Amended by Act No. 5961, Apr. 15, 1999>
(2) If it is deemed necessary for reducing urgently the air pollution in the area in which the air pollution warning is given, the
Mayor/Do governor may order restrictions on the operation of automobiles, reduction of operation in business places, etc. or take
other necessary measures, in an affected area for a period fixed. <Amended by Act No. 5388, Aug. 28, 1997; Act No. 5961, Apr.
15, 1999>
(3) Any person who is ordered under paragraph (2), the restriction on the operation of motor vehicles, the reduction of working hours
in business places, etc., shall comply with it, unless there is any justifiable reason.
(4) Matters necessary for the areas and substances which are the object of the air pollution warning, for the criteria of its issue,
for its step, and things to be done in each step, measures to be taken by warning step, etc. shall be determined by the Presidential
Decree.
[This Article Newly Inserted by Act No. 5094. Dec. 29, 1995]
Article 7-3 (Repression of Discharge of Matter Inducing Change in Climate and Ecosystem)
In order to reduce the emission of matter inducing any change in climate and ecosystem, the Government shall participate positively
in the international efforts, such as interchanging the information on environment and techniques among nations, and consider the
measures, such as research, study, recovery, recycling, development of substitutes, etc. to reduce the emission of matter inducing
any change in climate and ecosystem.
[This Article Newly Inserted by Act No. 5094. Dec. 29, 1995]
Article 7-4 (Prevention of Hindering Atmospheric Circulation)
In establishing and implementing all kinds of development plans, the heads of central administrative agencies, the heads of local
governments, and the businessmen concerned shall endeavor to prevent a possible obstacle to the circulation of air pollutants, taking
into consideration the topography of the planned areas and the neighboring areas, and the direction and velocity of wind, the arrangement
of and space between buildings, the passage of wind, etc. therein.
[This Article Newly Inserted by Act No. 7295, Dec. 31, 2004]
CHAPTER II REGULATION OF AIR POLLUTANTS EMISSION FROM BUSINESS PLACE, ETC.
Article 8 (Permissible Emission Standards)
(1) The permissible emission standards of air pollutants (hereinafter referred to as the pollutants ) emitted from air pollutant
emission facilities (hereinafter referred to as the emission facilities ) shall be determined by the Ordinance of the Ministry of
Environment. <Amended by Act No. 5094, Dec. 29, 1995>
(2) The Minister of Environment shall, upon determining the Ordinance of the Ministry of Environment as referred to in paragraph (1),
consult with the heads of the central administrative agencies concerned. <Amended by Act No. 5094, Dec. 29, 1995>
(3) When it is deemed difficult to maintain the regional environmental standards as prescribed in Article 10 (3) of the Framework
Act on Environmental Policy, or when it is deemed necessary to improve atmospheric quality within the air environment regulation
area under the provisions of Article 8-3, the Special Metropolitan City, Metropolitan City or Do (hereinafter referred to as the
City/Do ) may set, by the Municipal Ordinances of relevant City/Do, the permissible emission standards further intensified than
those under paragraph (1) (including any addition of standard items and the time of applying the standards): Provided, That this
is limited to the case where the authority of the Minister of Environment as prescribed in Articles 10, 14, 16, 19, 20 and 20-2 is
delegated to the Mayor/Do governor under the provisions of Article 54 (1). <Newly Inserted by Act No. 5094, Dec. 29, 1995; Act
No. 5961, Apr. 15, 1999; Act No. 6826, Dec. 26, 2002>
(4) If the permissible emission standards as referred to in paragraph (3) are established or modified, the Mayor/Do governor shall
report it to the Minister of Environment and take any measures necessary for making the interested persons know it. <Newly Inserted
by Act No. 5094, Dec. 29, 1995>
(5) If it is deemed necessary for preventing air pollution in the special measures area as prescribed in Article 22 of the Framework
Act on Environmental Policy (hereinafter referred to as the special measures area ), the Minister of Environment may determine more
strict permissible emission standards than those as referred to in paragraph (1), for any emission facilities installed in such area,
and he may determine the special permissible emission standards for any emission facilities installed newly in such area. <Newly
Inserted by Act No. 5094, Dec. 29, 1995>
(6) If there is any area where the permissible emission standards as prescribed by the Municipal Ordinances under paragraph (3) are
not applied, within the City/Do where the standards concerned apply, the permissible emission standards as prescribed by the Municipal
Ordinances shall apply even to the emission facilities installed or to be installed in such area. <Newly Inserted by Act No. 5094,
Dec. 29, 1995>
Article 8-2 (Survey of Emission Source and Quantity of Air Pollutants)
(1) The Minister of Environment shall survey nationwide emission sources and quantities of air pollutants to work out and implement
rationally a comprehensive mid-term plan to improve environment under the provisions of Article 5 of the Environment Improvement
Expenses Liability Act.
(2) The Mayor/Do governor and the heads of local environment agencies shall survey the emission sources and quantities of air pollutants
including emission facilities, etc. in areas under their jurisdiction as prescribed by the Ordinance of the Ministry of Environment.
(3) The Minister of Environment or the Mayor/Do governor may ask the heads of administrative agencies concerned to furnish data or
provide assistance necessary to survey the emission sources and quantities of air pollutants pursuant to the provisons of paragraphs
(1) and (2). In this case, the heads of administrative agencies concerned shall comply with such request unless there are reasons
that make them unable to do so.
[This Article Wholly Amended by Act No. 5961, Apr. 15, 1999]
Article 8-3 (Designation of Air Environment Regulation Area)
(1) The Minister of Environment may designate and announce publicly areas as air environment regulation areas, which exceed, or are
feared to exceed the air environment standards and are deemed to be required to improve air quality as prescribed by the Ordinance
of the Ministry of Environment. <Amended by Act No. 5961, Apr. 15, 1999>
(2)In designating and publicly announcing air environment regulation areas pursuant to the provisions of paragraph (1), the Minister
of Environment may, when the influx of air pollutants from a nearby area is deemed to have a great impact on the excess of the environment
standards in light of the topography and weather conditions, include such nearby area in the air environment regulation areas after
listening to the opinion of the Mayor/Do governor who has jurisdiction over such nearby area. <Amended by Act No. 5961, Apr. 15,
1999>
(3) The Mayor/Do governor who has jurisdiction over the air environment regulation areas shall draw up and implement a plan (hereinafter
referred to as an implementation plan ) for attaining and maintaining the environment standards in the air environment regulation
areas within 2 years from the date of designation and publication after obtaining approval from the Minister of Environment. In this
case, matters concerning the contents of the implementation plan and procedures for shaping such plan shall be prescribed by the
Ordinance of the Ministry of Environment. <Amended by Act No. 5961, Apr. 15, 1999>
(4) When the Minister of Environment intends to approve such implementation plan under paragraph (3), he shall consult in advance
with the heads of central administrative agencies concerned, and when he approves such plan, he shall publish it. <Amended by
Act No. 5961 Apr. 15, 1999>
(5) The head of the central administrative agency concerned may provide any necessary financial and technical assistance so that the
practical plan can be attained within the target period.
(6) The Minister of Environment may, where the Mayor/Do governor having jurisdiction over an air environment regulation area fails
to work out and implement an implementation plan, take measures to cut environment-related subsidies from the State or suspend the
payments of such subsidies to the local governments concerned or ask the heads of central administrative agencies concerned to take
such measures. In this case, the heads of the central administrative agencies concerned shall comply with such request unless there
are special reasons for not go along with such request. <Newly Inserted by Act No. 5961, Apr. 15, 1999>
[This Article Newly Inserted by Act No. 5094, Dec. 29, 1995]
Article 9 (Regulation in Total Quantity)
(1) With respect to any zone in which the air pollution exceeds the environmental standards, and it might cause any serious danger
or injury to the health or property of residents or the growth and breeding of animals and plants, or zones of special measures areas,
in which many business places are formed closely, the Minister of Environment may regulate in total quantity of emitted pollutants
from such business places in such zones. <Amended by Act No. 5094, Dec. 29, 1995>
(2) Items and methods of regulation in total quantity as referred to in paragraph (1), and other necessary matters shall be determined
by the Ordinance of the Ministry of Environment. <Amended by Act No. 5094, Dec. 29, 1995>
Article 10 (Permission and Report on Installation of Emission Facilities)
(1) Any person who desires to install the emission facilities shall obtain the permission of, or make the report to, the Minister
of Environment, under the conditions as prescribed by the Presidential Decree.
(2) If a person who has obtained the permission under paragraph (1), desires to modify such important matters of the permitted ones
as determined by the Presidential Decree, he shall obtain the permission on modification, and if he desires to modify other matters,
he shall make a report on the modification.
(3) If a person who has made the report under paragraph (1) desires to modify the reported matters, he shall make a report for the
modification under the conditions as prescribed by the Ordinance of the Ministry of Environment.
(4) In case where any person who wishes to obtain permission or permission on modification, or make a report or a report on the modification
under paragraphs (1) through (3), falls under any of the provisos of Articles 11 (1), 12 (1), 26 (3) and 27, and in case where he
intends to install or modify the joint preventive facilities as referred to in Article 13, he shall present documents as prescribed
by the Ordinance of the Ministry of Environment. <Newly Inserted by Act No. 5388, Aug. 28, 1997; Act No. 5961, Apr. 15, 1999>
(5) Criteria for permission or permission on modification under paragraphs (1) and (2) shall be prescribed by the Presidential Decree.
<Newly Inserted by Act No. 5388, Aug. 28, 1997>
(6) If it is deemed difficult to maintain the environmental standards, or it is deemed that it might cause any grave danger or damage
to the health and property of residents and the growth and breeding of animals and plants, due to some specified air noxious substance
emitted from the emission facilities or air pollutants emitted from the emission facilities in the special measures area, the Minister
of Environment may restrict the installation of the emission facilities emitting the specified air noxious substance or the installation
of any emission facilities in the special measures area, under the conditions as prescribed by the Presidential Decree.
[This Article Wholly Amended by Act No. 5094, Dec. 29, 1995]
Article 10-2 (Legal Fiction of Permission, etc. under Other Acts and Subordinate Statutes)
(1) Where any person intending to install the emission facilities has obtained a permission or permission on the modification for
installing the emission facilities or made a report or report on the modification under Article 10 (1) through (3), it shall be deemed
that he has obtained a permission or permission on the modification falling under each of the following subparagraphs related to
the relevant emission facilities, or made a report or report on the modification: <Amended by Act No. 7459, Mar. 31, 2005>
1. Permission for an installation of, or permission on the modification for the emission facilities, or a report or report on the
modification under Article 10 (1) through (3) of the Water Quality Conservation Act; and
1.Permission for an installation of, or permission on the modification for the emission facilities, or a report or report on the modification
under Article 33 (1) through (3) of the Water Quality Conservation Act; and
Enforcement Date: Apr. 1, 2006
2.Permission for an installation of emission facilities, or a report or report on the modification under Article 9 (1) or (2) of the
Noise and Vibration Control Act.
(2) Where the Minister of Environment intends to grant an installation permission or permission on the modification for the emission
facilities which contain the matters falling under any subparagraph of paragraph (1), he shall hold a consultation with the head
of related administrative agency having the authority for permission or report falling under any subparagraph of the same paragraph.
[This Article Newly Inserted by Act No. 6826, Dec. 26, 2002]
Article 10-3 Deleted.
<by Act No. 6913, May 29, 2003>
Article 11 (Installation, etc. of Preventive Facilities)
(1) If a person who has obtained the permission or permission on modification, or who has made the report or the report of modification,
as prescribed in Article 10 (1) through (3) (hereinafter referred to as the businessman ) installs or modifies the emission facilities,
he shall install air pollution preventive facilities (hereinafter referred to as the preventive facilities ) so that the pollutants
emitted from the said emission facilities are less than the permissible emission standards as prescribed in Article 8, except in
case where it is conformed to such standards as determined by the Presidential Decree. <Amended by Act No. 5094, Dec. 29, 1995;
Act No. 5388, Aug. 28, 1997>
(2) Any person who installs and operates any emission facilities without installing the preventive facilities under the proviso of
paragraph (1), shall observe such matters as settled by the Ordinance of the Ministry of Environment (hereinafter referred to as
the matters to be observed ) in regard to the management of the emission facilities. <Newly Inserted by Act No. 5094, Dec. 29,
1995; Act No. 5388, Aug. 28, 1997>
(3) If the person who installs and operates any emission facilities without installing the preventive facilities under the proviso
of paragraph (1), violates the matters to be observed as referred to in paragraph (2), the Minister of Environment may revoke permission
or permission on modification under Article 10 (1) through (3), or order the emission facilities to be closed. <Newly Inserted
by Act No. 5094, Dec. 29, 1995: Act No. 5388, Aug. 28, 1997>
(4) Deleted. <by Act No. 5961, Apr. 15, 1999>
Article 11-2 (Succession, etc. to Right and Duty)
(1) If a businessman transfers any emission or preventive facility, or is dead, or if juristic persons are merged, the transferee,
successor or juristic person who continues to exist after the merger or is newly established by the merger, shall succeed to the
right and duty of the businessman incidental to the permission, the permission of change, the report or the report on change. <Amended
by Act No. 5094, Dec. 29, 1995>
(2) Deleted. <by Act No. 5388, Aug. 28 1997>
(3) If any person leases emission and preventive facilities, he shall be considered as a businessman in applying the provisions of
Articles 15 through 17, 19, 20 (excluding the case of revocation of permission), 22, 24 and 49 (1) 1. <Amended by Act No. 5961,
Apr. 15, 1999>
[This Article Newly Inserted by Act No. 4535, Dec. 8, 1992]
Article 12 (Design and Work Execution of Preventive Facilities)
(1) The installation or the alteration of preventive facilities shall be designed and executed by a person who has registered preventive
facilities business under Article 18 (1) of the Development of and Support for Environmental Technology Act (hereinafter referred
to as the preventive facilities businessman ): Provided, That this shall not apply to the case where the preventive facilities as
prescribed by the Ordinance of the Ministry of Environment are installed, and where the businessman designs and executes himself
the preventive facilities under the conditions as prescribed by the Ordinance of the Ministry of Environment. <Amended by Act
No. 5094, Dec. 29, 1995; Act No. 5388, Aug. 28, 1997; Act No. 6262, Feb. 3, 2000>
(2) Deleted. <by Act No. 6262, Feb. 3, 2000>
Article 13 (Installation, etc. of Joint Preventive Facilities)
(1) Any businessman in an industrial complex or other areas where lots of business places are formed closely, may install some joint
preventive facilities to treat jointly pollutants emitted from emission facilities. In this case, each businessman shall be considered
to have installed preventive facilities for such pollutants in his business place. <Amended by Act No. 5094, Dec. 29, 1995; Act
No. 5388, Aug. 28, 1997>
(2) Deleted. <by Act No. 5388, Aug. 28, 1997>
(3) Any businessman shall, in installing and operating joint preventive facilities, establish an operating institute for such facilities,
and assign a representative to the institute. <Newly Inserted by Act No. 4652, Dec. 27, 1993>
(4) The permissible emission standards for joint preventive facilities may be determined by different standards from those as prescribed
in Article 8, and such permissible emission standards and matters necessary for the installation and the operation of joint preventive
facilities shall be determined by the Ordinance of the Ministry of Environment. <Amended by Act No. 5094, Dec. 29, 1995>
Article 14 (Report on Commencement of Operation of Emission Facilities, etc.)
(1) If a businessman desires to operate the emission or preventive facilities after completing the installation of such facilities,
or the modification of the emission facilities (in the case that the modification is made after making the report for it, it is limited
to the modification not less than such scale as determined by the Presidential Decree), he shall submit in advance the report for
the commencement of operation, to the Minister of Environment, under the conditions as prescribed by the Ordinance of the Ministry
of Environment.
(2) In the case of the facilities as prescribed by the Presidential Decree, such as the facilities to decrease the nitrous oxide in
a power plant from among the emission facilities or preventive facilities reported under paragraph (1), the provisions of Articles
16, 17 and 19 shall not apply during the period as set by the Ordinance of the Ministry of Environment. <Newly Inserted by Act
No. 6826, Dec. 26, 2002>
(3) Deleted. <by Act No. 5961, Apr. 15, 1999>
(4) Deleted. <by Act No. 5388, Aug. 28, 1997>
(5) Deleted. <by Act No. 5961, Apr. 15, 1999>
[This Article Wholly Amended by Act No. 5094, Dec. 29, 1995]
Article 15 (Operation of Emission and Preventive Facilities)
(1) No businessman (including the representative of the joint preventive facilities as prescribed in Article 13 (3)) shall, in operating
the emission and preventive facilities, commit the following acts: <Amended by Act No. 4652, Dec. 27, 1993; Act No. 5961, Apr.
15, 1999>
1.Act of operating no preventive facilities when the emission facilities are in operation or emitting pollutants discharged from emission
facilities, mixed with air, to lower the degree of pollution;
2.Act of installing an air regulator, branch emission pipes, etc. to emit pollutants without passing through the preventive facilities:
Provided, That, in the case that they have obtained the installation permission of emission facilities as such facilities as prescribed
by other Acts and subordinate statutes for preventing any safety accident, such as fire, explosion, etc.;
3.Act of not repairing emission or preventive facilities which leak pollutants due to their corrosion and abrasion without any justifiable
reasons;
4.Act of leaving any trouble or damage of machines and tools belonging to the preventive facilities, without any justifiable reason;
and
5.Act of discharging pollutants in excess of the permissible emission standards for the reason that the emission and preventive facilities
are not operated normally without any justifiable reason.
(2) The businessman shall, upon operation, record the situation of the operation of emission and preventive facilities as it is, and
keep it, under the conditions as prescribed by the Ordinance of the Ministry of Environment. <Amended by Act No. 5094, Dec. 29,
1995>
(3) through (6) Deleted. <by Act No. 5961, Apr. 15, 1999>
Article 15-2 (Attachment of Measuring Devices, etc.)
(1) A business operator shall take necessary measures to attach measuring devices, etc. to confirm whether pollutants discharged by
emission facilities are in consistence with the permissible emission standards under the provisions of Articles 8 and 13 (4) and
to operate properly both the emission and preventive facilities.
(2) Necessary matters concerning kinds and standards, etc. of the measures referred to in paragraph (1) shall be prescribed by the
Presidential Decree.
(3) Any business operator who has attached such measuring devices pursuant to the provisions of paragraph (1) shall be prohibited
from carrying out the act falling under any of the following subparagraphs in operating such measuring devices:
1.The act of not operating deliberately the measuring devices when the emission facilities are in operation or preventing such measuring
devices from operating properly;
2.The act of not repairing the measuring devices which do not operate normally due to corrosion, abrasion, breakdown or damage; and
3.The act of leaving out measuring results by manipulating the measuring devices or compiling false measuring results.
(4) The business operator who has attached the measuring devices under the provisions of paragraph (1) shall observe the operation
and management standards for the measuring devices as prescribed by the Ordinance of the Ministry of Environment to sustain the credibility
and correctness of such measuring devices.
(5)With respect to any business operator who has failed to observe the operation and management standards referred to in paragraph
(4), the Minister of Environment may order him to take measures necessary to operate and manage the measuring devices in conformity
with such standards for a fixed period as prescribed by the Presidential Decree.
(6) Where the business operator under an order given pursuant to the provisions of paragraph (5) fails to do as he is ordered, the
Minister of Environment may order the operation of the emission facilities concerned is suspended in whole or in part.
(7) The Minister of Environment may operate a computer network which is capable of electronically processing measuring results by
linking itself to the measuring devices attached by the business operator under the provisions of paragraph (1) and offer technical
assistance to the business operator to help him technically so as to be able to maintain and manage such measuring devices.
[This Article Newly Inserted by Act No. 5961, Apr. 15, 1999]
Article 16 (Order of Improvement)
If the Minister of Environment deems that the degree of pollutants emitted from emission facilities in operation after the report
as prescribed in Article 14, exceeds the permissible emission standards as prescribed in Article 8 or 13 (4), he may order the businessman
(including the representative of the joint preventive facilities as prescribed in Article 13 (3)) to take any necessary measures
so that the degree of such pollutants falls under the permissible emission standards (hereinafter referred to as the order of improvement
) within some period fixed under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 4535, Dec. 8, 1992;
Act No. 4652, Dec. 27, 1993; Act No. 5094, Dec. 29, 1995; Act No. 5961, Apr. 15, 1999>
Article 17 (Order, etc. to Suspend Operation)
(1) If a person who received the order of improvement under Article 16, fails to comply with it, or he has fulfilled the order in
the prescribed period, but it is found to keep on exceeding the permissible emission standards as prescribed in Article 8 or 13 (4),
the Minister of Environment may order a suspension of operation for the whole or some part of the emission facilities. <Amended
by Act No. 5094, Dec. 29, 1995>
(2) In case where the Minister of Environment deems that the danger and injury against the residents health and the damages to the
environment due to air pollution are critical, he may immediately order to the emission facilities any restriction of operation hours,
a suspension of operation and other necessary measures. <Amended by Act No. 5094, Dec. 29, 1995>
Article 18 Deleted.
<by Act No. 5388, Aug. 28, 1997>
Article 19 (Emission Dues)
(1) In order to prevent or reduce the damages to the air environment due to the air pollutants, the Minister of Environment shall
impose and collect the emission dues on and from those businessmen emitting the air pollutants (including those who install and operate
the joint preventive facilities under Article 13), and those who install or alter the emission facilities without obtaining the permission
or permission on modification, or making the report or report on modification, as prescribed in Article 10 (1) through (3). In this
case, types, calculation method and criteria shall be determined by the Presidential Decree. <Amended by Act No. 5094, Dec. 29,
1995; Act No. 5388, Aug. 28, 1997>
(2) Upon imposing the emission dues under paragraph (1), the following matters shall be taken into consideration: <Newly Inserted
by Act No. 5094, Dec. 29, 1995; Act No. 5388, Aug. 28, 1997>
1.Whether or not the pollutants exceed the permissible emission standards;
2.The kinds of the emitted pollutants;
3.The emission period of the pollutants;
4.The emission quantity of the pollutants;
4-2.Whether or not the self-measurement under Article 22 is made; and
5.Other things related to the pollution or the improvement of the air environment, which are prescribed by the Ordinance of the Ministry
of Environment.
(3) Any person falling under any of the following subparagraphs, not withstanding the provisions of paragraph (1), shall be exempted
from the imposition of emission dues referred to in the provisions of paragraph (1) as prescribed by the Presidential Decree: <Amended
by Act No. 5961, Apr. 15, 1999>
1.The business operator who operates the emission facilities using fuel prescribed by the Presidential Decree;
2.The business operator who installs the optimum preventive facilities prescribed by the Presidential Decree; and
3.The person who operates military facilities designated by the Minister of Environment after consultations with the Minister of National
Defense as prescribed by the Presidential Decree.
(4) Any person falling under any of the following subparagraphs may be abated or exempted from the emission dues under the provisions
of paragraph (1). In this case, the abatement or exemption of the emission dues for the business operator under the provisions of
subparagraph 2 shall be an amount equivalent to or less than the amount of disposal expenses borne by the business operator under
the relevant Act: <Newly Inserted by Act No. 5961, Apr. 15, 1999>
1.The business operator who operates the emission facilities which are smaller than the size prescribed by the Presidential Decree;
and
2.The business operator who bears the cost of treating air pollutants under other Acts.
(5) If a person who is liable for payment of the emission dues as referred to in paragraph (1), fails to pay it in the specified term,
the Minister of Environment shall collect the additional dues. <Newly Inserted by Act No. 4535, Dec. 8, 1992; Act No. 5094, Dec.
29, 1995>
(6) With respect to the additional dues as referred to in paragraph (5), the provisions of Articles 21 and 22 of the National Tax
Collection Act shall be applicable mutatis mutandis. <Newly Inserted by Act No. 4535, Dec. 8, 1992; Act No. 5094, Dec. 29, 1995;
Act No. 5961, Apr. 15, 1999>
(7) The emission dues as referred to in paragraph (1) and the additional dues as referred to in paragraph (5) shall be the revenue
of the special accounts for environment improvement under the Act on the Special Accounts for Environment Improvement. <Amended
by Act No. 4714, Jan. 5, 1994; Act No. 5094, Dec. 29, 1995; Act No. 5961, Apr. 15, 1999>
(8) In case where the Minister of Environment delegates to the Mayor/Do governor the authority to collect the emission dues and the
additional dues in the area under his jurisdiction in accordance with the provisions of Article 54, he may grant, as expenses for
collection, part of collected emission dues or additional dues under the conditions as prescribed by the Presidential Decree. <Amended
by Act No. 4535, Dec. 8, 1992; Act No. 5094, Dec. 29, 1995>
(9) If a person liable for payment of the emission dues or the additional dues fails to pay it within the prescribed period, the Minister
of Environment or the Mayor/Do governor as referred to in paragraph (8) shall collect it according to the examples for the disposition
of national or local taxes in arrears. <Amended by Act No. 4535, Dec. 8, 1992; Act No. 5094, Dec. 29, 1995; Act No. 5961, Apr.
15, 1999>
Article 20 (Revocation, etc. of Permission)
(1) If a businessman falls under any of the following subparagraph, the Minister of Environment may revoke the permission on installation
or alteration of the emission facilities, and order him to close such facilities, or to suspend the operation of such facilities
within a period not exceeding six months fixed: <Amended by Act No. 4535, Dec. 8, 1992; Act No. 4652, Dec. 27, 1993; Act No. 5094,
Dec. 29, 1995>
1.When he has obtained the permission or permission of change, or made the report or report on change through any deceitful or other
unlawful ways;
2.When he violates this Act or an order determined under this Act; and
3.When he commits any act falling under subparagraphs of Article 15 (1).
(2) Deleted. <by Act No. 5961, Apr. 15, 1999>
Article 20-2 (Disposition of Penalty Surcharge)
(1) In the case that a suspension of operation is to be ordered under Article 20 to any businessman who installs and operates the
emission facilities falling under any of the following subparagraphs, if it is deemed that the suspension of operation might cause
a remarkable impediment to the livelihood of residents, national economy such as foreign credit, employment, and prices or other
public interests, the Minister of Environment may impose the penalty surcharge not exceeding two hundred million won instead of disposing
operational suspension: <Amended by Act No. 5388, Aug. 28, 1997; Act No. 5961, Apr. 15, 1999>
1.The emission facilities of the medical institutions as prescribed by the Medical Service Act;
2.The cooling and heating facilities of the social welfare facilities and the apartment houses;
3.The electricity generating equipment of the power plants;
4.The collective energy facilities as prescribed by the Integrated Energy Supply Act;
5.The emission facilities of the schools as prescribed by the Elementary, Secondary Education Act and the Higher Education Act;
5-2.The emission facilities of manufacturing industry; and
6.Other emission facilities as prescribed by the Presidential Decree.
(2) The amount of the penalty surcharge proportionate to the categories, the degree, etc. of the offenses on which the penalty surcharge
as referred to in paragraph (1) is imposed, and other necessary matters, shall be determined by the Ordinance of the Ministry of
Environment.
(3) If the businessman fails to pay the penalty surcharge as referred to in paragraph (1) until the time limit of payment, the Minister
of Environment shall collect it according to the examples for the disposition of the national taxes in arrears.
(4) The penalty surcharge collected under paragraph (1) shall be credited as revenue of the special accounts for environment improvement
as prescribed by the Act on the Special Accounts for Environment Improvement.
(5) The provisions of Article 19 (8) shall be applicable mutatis mutandis to the grant of the expenses for collection, if the authority
of the Minister of Environment concerning the imposition and collection of the penalty surcharge is delegated to the Mayor/Do governor
under Article 54. <Amended by Act No. 5961, Apr. 15, 1999>
[This Article Newly Inserted by Act No. 5094, Dec. 29, 1995]
Article 21 (Measures of Closure, etc. of Unlawful Facilities)
(1) The Minister of Environment shall order a suspension of use for the emission facilities to any person who installs or uses the
emission facilities without obtaining the permission, or making the report, as prescribed in Article 10 (1) through (3): Provided,
That if it is deemed that even though the emission facilities are improved, or the preventive facilities are installed or improved,
there is no possibility of making the degree of pollutants emitted from them fall below the permissible emission standards as prescribed
in Article 8, or if it is banned to install such emission facilities at the installation place according to the provisions of other
Acts, the Minister of Environment shall order him to close the emission facilities. <Amended by Act No. 5094, Dec. 29, 1995>
(2) Deleted. <by Act No. 5961, Apr. 15, 1999>
Article 22 (Self-Measurement)
(1) When a businessman operates his emission facilities, he shall make a self-measurement of emitted pollutants, or have a measuring
agent under Article 17 of the Development of and Support for Environmental Technology Act make the measurement, and then record the
results as they are, and keep them under the conditions as prescribed by the Ordinance of the Ministry of Environment. <Amended
by Act No. 4652, Dec. 27, 1993; Act No. 5094, Dec. 29, 1995; Act No. 5871, Feb. 8, 1999; Act No. 6262, Feb. 3, 2000>
(2) The objects, the items and the methods of measurement, and other things necessary for measurement shall be prescribed by the Ordinance
of the Ministry of Environment. <Amended by Act No. 5094, Dec. 29, 1995>
Article 23 Deleted.
<by Act No. 5871, Feb. 8, 1999>
Article 24 (Environment Engineer)
(1) The businessman shall appoint an environment engineer for the purpose of normal operation and management of emission and preventive
facilities, and report it to the Minister of Environment. This provision shall also apply in case where an environment engineer is
appointed by replacement. <Amended by Act No. 4535, Dec. 8, 1992; Act No. 5094, Dec. 29, 1995; Act No. 7168, Feb. 9, 2004>
(2) The environment engineer shall direct and control those who operate the emission and preventive facilities, so as for them not
to violate this Act or any order determined under this Act, and to observe such matters to be observed as determined by the Ordinance
of the Ministry of Environment, such as management of such facilities so as to be operated normally. <Amended by Act No. 4535,
Dec. 8, 1992; Act No. 5094, Dec. 29, 1995; Act No. 7168, Feb. 9, 2004>
(3) The businessman shall control matters to be managed by the environment engineer, such as making the engineer comply thoroughly
with the matters to be observed. <Amended by Act No. 4535, Dec. 8, 1992; Act No. 7168, Feb. 9, 2004>
(4) The businessman and those who operate emission and preventive facilities, shall not interfere with activities of the environment
engineer for his normal operation and management thereof, and if they receive any request necessary for service from the engineer,
they shall comply with it unless there is any justifiable reason. <Amended by Act No. 4535, Dec. 8, 1992; Act No. 7168, Feb. 9,
2004>
(5) The scope of business place where an environment engineer is assigned under paragraph (1), and the standards of his qualification
and the period of his appointment (including appointment by replacement) for such engineer, shall be determined by the Presidential
Decree. <Amended by Act No. 4535, Dec. 8, 1992; Act No. 5094, Dec. 29, 1995>
Article 25 Deleted.
<by Act No. 5961, Apr. 15, 1999>
CHAPTER III REGULATION OF AIR POLLUTANTS EMISSION IN LIVING ENVIRONMENT
Article 26 (Standards of Sulfur Content in Oil for Fuel and Other Fuels)
(1) The Minister of Environment may determine the permissible standards of sulfur content (hereinafter referred to as sulfur content
standards ) for such kinds as oil for fuel and other fuels after consulting with the head of the central administrative agency concerned.
<Amended by Act No. 5094, Dec. 29, 1995>
(2) With respect to the fuel of which sulfur content standards are determined under paragraph (1), the Minister of Environment may
determine the scope of its supply area or its use facilities under the conditions as prescribed by the Presidential Decree, and request
the head of the central administrative agency concerned to supply those fuels needed to such area or use facilities. <Amended
by Act No. 5094, Dec. 29, 1995>
(3) Any person who intends to supply or sell fuel to the supply area or use facilities or to use fuel in such area and facilities
under paragraph (2) shall be prohibited from supplying, selling or using fuel in excess of the sulfur content standards: Provided,
That the same shall not apply to the case where any permission or permission on the modification for installing the emission facilities
or permission for modification has been obtained, or any report or report on modification has been made under Article 10, under the
conditions as stipulated by the Ordinance of the Ministry of Environment, with respect to the emission facilities using the fuel
in excess of the sulfur content standards. <Newly Inserted by Act No. 5961, Apr. 15, 1999; Act No. 6826, Dec. 26, 2002>
(4) For any person who supplies, sells or uses fuel in excess of the sulfur content standards to the areas and facilities whereto
the fuel under paragraph (2) is supplied (excluding the case falling under the proviso of paragraph (3)), the Minister of Environment
or the Mayor/Do governor (those subject to any prohibition or limitation, or to any order for measures, by the Mayor/Do governor,
shall be limited to the business places other than those as prescribed by the Presidential Decree; hereafter in Articles 27 and 28,
the same shall apply) may prohibit or restrict any supply, sale or use of the fuel, or order any necessary measures, under the conditions
as prescribed by the Presidential Decree. <Amended by Act No. 5094, Dec. 29, 1995; Act No. 5388, Aug. 28, 1997; Act No. 5961,
Apr. 15, 1999; Act No. 6826, Dec. 26, 2002>
Article 27 (Regulation of Manufacture, Use, etc. of Fuel)
If it is deemed necessary especially for preventing air pollution caused by use of fuel, the Minister of Environment or the Mayor/Do
governor may prohibit or restrict its manufacture, sale or use of such fuel, or order any necessary measures, after consulting with
the head of the central administrative agency concerned, under the conditions as prescribed by the Presidential Decree: Provided,
That this shall not apply to those who use the fuel concerned after obtaining an approval from the Minister of Environment or the
Mayor/Do governor, under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 5094, Dec. 29, 1995; Act
No. 5388, Aug. 28, 1997>
Article 28 (Regulation of Scattering Dust)
(1) Any person who desires to run a business which produces dust emitting directly to the air without passing any specific outlet
(hereinafter referred to as scattering dust ) and which is prescribed by the Presidential Decree, shall report it to the Mayor/Do
governor under the conditions as prescribed by the Ordinance of the Ministry of Environment, and install facilities to restrain scattering
dust from producing, or take any necessary measures. The same shall apply to the case where he intends to alter the reported matters.
<Amended by Act No. 5094, Dec. 29, 1995; Act No. 5388, Aug. 28, 1997; Act No. 5961, Apr. 15, 1999; Act No. 7458, Mar. 31, 2005>
(2) If facilities for restraining production of scattering dust are not installed, or no necessary measures are taken as referred
to in paragraph (1), or if the facilities or the measures are deemed unfit, the Mayor/Do governor may order the person running business
to install or improve such necessary facilities or to take such measures. <Amended by Act No. 5094, Dec. 29, 1995; Act No. 5388,
Aug. 28, 1997; Act No. 7458, Mar. 31, 2005>
(3) The Mayor/Do governor may order the person who fails to comply with the order as referred to in paragraph (2), to stop the business,
or to discontinue or restrict the use of such facilities. <Amended by Act No. 5094, Dec. 29, 1995; Act No. 5388, Aug. 28, 1997;
Act No. 7458, Mar. 31, 2005>
Article 28-2 (Regulation of Volatile Organic Compound)
(1) Any person who intends to install facilities emitting volatile organic compound, which are prescribed by the Presidential Decree,
in the special measures area or the air environment regulation area under the provisions of Article 8-3 (1) (limited to the case
where the implementation plan is published pursuant to the provisons of Article 8-3 (4); hereinafter referred to as air environment
regulation area ) shall file a report thereon to the Minister of Environment or the Mayor/Do governor (limited to business places
other than those prescribed by the Presidential Decree, in case of the Mayor/Do governor; hereafter the same shall apply in this
Article and Article 30) under the conditions as prescribed by the Ordinance of the Ministry of Environment. <Amended by Act No.
5961, Apr. 15, 1999; Act No. 6826, Dec. 26, 2002>
(2) Where the person who has filed a report under paragraph (1) intends to alter any of the reported matters, which is stipulated
by the Ordinance of the Ministry of Environment, he shall file a report on the alteration. <Newly Inserted by Act No. 6826, Dec.
26, 2002>
(3) Any person who desires to install the facilities as referred to in paragraph (1), shall take any measures to prevent any damage
to the air environment from emission of any volatile organic compound, such as the installation of facilities deterring or preventing
the emission of the volatile organic compound. <Amended by Act No. 6826, Dec. 26, 2002>
(4) Matters necessary for the standards, etc. of the installation of the facilities to deter or prevent the emission of the volatile
organic compound as referred to in paragraph (3), shall be determined by the Ordinance of the Ministry of Environment. <Amended
by Act No. 6826, Dec. 26, 2002>
(5) The City/Do may set the standards further intensified than those under paragraph (4) by the Municipal Ordinance of the relevant
City/Do. <Newly Inserted by Act No. 6826, Dec. 26, 2002>
(6) Where there exists any facility within the City/Do whereto the standards intensified under paragraph (5) are applied for which
an installation report has been made or is intended to be made to the Minister of Environment, the standards intensified under paragraph
(5) shall be also applied to the facilities to deter or prevent any volatile organic compound of the relevant facilities. <Newly
Inserted by Act No. 6826, Dec. 26, 2002>
(7) The Minister of Environment or the Mayor/Do governor may order any person who violates the provisions of paragraph (3), to take
any necessary measures, such as the improvement of the facilities emitting the volatile organic compound or those for deterring or
preventing such emission. <Amended by Act No. 5961, Apr. 15, 1999; Act No. 6826, Dec. 26, 2002>
[This Article Newly Inserted by Act No. 5094, Dec. 29, 1995]
Article 28-3 (Regulation on Existing Facilities Emitting Volatile Organic Compound)
(1) At the time of designation and public announcement of a special measures area or an air environment regulation area (referring
to a public announcement of the implementation plan under Article 8-3 (4) in the case of an air environment regulation area; hereafter
in this paragraph, the same shall apply), any person who operates the facilities emitting the volatile organic compound in the relevant
areas shall file a report under Article 28-2 (1) within 3 months from the date of designation and public announcement as the special
measures area or the air environment regulation area, and take the measures under Article 28-2 (3) within 1 year from the date of
designation and public announcement as the special measures area or the air environment regulation area.
(2) Where any volatile organic compound is additionally published, any person who operates the facilities emitting the said additional
volatile organic compound within the special measures area or the air environment regulation area shall file a report under Article
28-2 (1) within 3 months from the date of additional public announcement of such compound, and take the measures under Article 28-2
(3) within 1 year from the date of additional public announcement of such compound.
(3) When any person who has filed a report under paragraph (1) or (2) intends to alter the reported matters, he shall file a report
on the alteration under Article 28-2 (2).
(4) Notwithstanding the provisions of paragraphs (1) and (2), where it falls under any causes as prescribed by the Presidential Decree,
such as the case where any special technology is required for the measures under Article 28-2 (3), the period for the said measures
may be extended within the limit of 1 year by obtaining an approval from the Minister of Environment or the Mayor/Do governor.
(5) The provisions of Article 28-2 (7) shall apply mutatis mutandis to the case where the measures under paragraph (1), (2) or (4)
are not taken within the period under each paragraph.
[This Article Newly Inserted by Act No. 6826, Dec. 26, 2002]
Article 29 (Prohibition of Incineration of Malodorants)
Any substance producing malodor, such as rubber, leather, synthetic resin sort, waste oil sort, animal s body, and by-products thereof,
shall not be incinerated in the open air, but in such adequate incineration facilities as prescribed by the Ordinance of the Ministry
of Environment. <Amended by Act No. 6826, Dec. 26, 2002>
[This Article Wholly Amended by Act No. 5094, Dec. 29, 1995]
Article 30 (Regulation of Living Malodor)
(1) Any person who possesses or manages facilities causing malodor (hereinafter referred to as living malodor facilities ) which
are prescribed by the Ordinance of the Ministry of Environment shall take measures as prescribed by the Ordinance of the Ministry
of Environment, including installing malodor-elimination facilities, to prevent such malodor-causing facilities from damaging the
pleasant residence life of residents.
(2) Where a person who possesses or manages living malodor facilities fails to take the measures under the provisions of paragraph
(1) or such measures are deemed inappropriate, the Minister of Environment or the Mayor/Do governor may order him to implement necessary
measures to eliminate or curb the malodor from such facilities by fixing the period under the conditions as prescribed by the Presidential
Decree.
[This Article Wholly Amended by Act No. 5961, Apr. 15, 1999]
CHAPTER IV REGULATION OF AUTOMOBILE EXHAUST GAS
Article 31 (Permissible Exhaust Standards, etc. of Manufactured Car)
(1) Any person who desires to manufacture (including to import; hereinafter the same shall apply) motor vehicles (hereinafter referred
to as motor vehicle manufacturer ), shall manufacture them in such manner that the pollutants (limited to the ones as prescribed
by the Presidential Decree; hereinafter referred to as exhaust gas ) emitted from the motor vehicles (hereinafter referred to as
manufactured cars ) are fit to the permissible standards as determined by the Ordinance of the Ministry of Environment (hereinafter
referred to as permissible exhaust standards of manufactured cars ).
(2) The Minister of Environment shall, in determining the Ordinance of the Ministry of Environment as referred to in paragraph (1),
consult with the heads of the central administrative agencies concerned.
(3) The emission of the exhaust gases by the manufactured cars shall be maintained to be fitting to the permissible exhaust standards
of manufactured cars for the period as determined by the Ordinance of the Ministry of Environment (hereinafter referred to as exhaust
gas guarantee period ).
[This Article Wholly Amended by Act No. 5094, Dec. 29, 1995]
Article 31-2 (Support for Technology Development, etc.)
(1) The State may provide financial and technical support necessary for the technological development or manufacturing of facilities,
etc. falling under each of the following subparagraphs to reduce air pollution caused by cars: <Amended by Act No. 5961, Apr.
15, 1999>
1.Pollution-free and low-pollution cars and facilities supplying fuel to such cars prescribed by the Ministry of Environment;
2.Devices designed to reduce exhaust gas, which are prescribed by the Minister of Environment; and
3.Pollution-free engines or low-pollution engines.
(2) The Minister of Environment may subsidize part of expenses necessary for the technological development or manufacturing of facilities,
etc. under the provisons of paragraph (1) using financial resources of the special account for environment improvement under the
Act on the Special Accounts for Environment Improvement. <Amended by Act No. 5961, Apr. 15, 1999>
[This Article Newly Inserted by Act No. 5094, Dec. 29, 1995]
Article 32 (Authentication on Manufactured Cars)
(1) If a motor vehicle manufacturer desires to manufacture any motor vehicles, he shall obtain in advance the authentication from
the Minister of Environment, that the emission of the exhaust gases by the motor vehicles concerned may be maintained to fit to the
permissible exhaust standards of manufactured cars for the exhaust gas guarantee period: Provided, That the Minister of Environment
may exempt or omit the authentication for such motor vehicles as prescribed by the Presidential Decree. <Amended by Act No. 5094,
Dec. 29, 1995>
(2) If a motor vehicle manufacturer desires to modify the contents of authentication for a motor vehicle authenticated under paragraph
(1), he shall obtain a modified authentication. <Amended by Act No. 5094, Dec. 29, 1995>
(3) Matters necessary for the application for, the testing and the testing fee, method of, exemption from, and omission of the authentication
as referred to in paragraphs (1) and (2) shall be determined by the Ordinance of the Ministry of Environment. <Amended by Act
No. 4535, Dec. 8, 1992; Act No. 5094, Dec. 29, 1995>
Article 32-2 (Transfer, Acquisition, etc. of Authentications)
Where a motor vehicle manufacturer transfers his business or dies or a merger of corporations takes places, a transferee, a successor,
a corporation surviving such merger or a corporation newly established by such merger shall succeed the motor vehicle manufacturer
s rights and obligations with respect to authentications and altered authentications pursuant to the provisions of Article 32.
[This Article Newly Inserted by Act No. 5961, Apr. 15, 1999]
Article 33 (Inspection, etc. on Permissible Exhaust Standards of Manufactured Cars)
(1) In order to ascertain whether or not the exhaust gases of motor vehicles manufactured with the authentication as prescribed in
Article 32 are fitted to the permissible exhaust standards of manufactured cars as prescribed in Article 31, the Minister of Environment
shall make an inspection under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 5094, Dec. 29, 1995>
(2) Where a motor vehicle manufacturer conducts inspections using its manpower and equipment prescribed by the Ordinance of the Ministry
of Environment in a manner consistent with inspection methods and procedures determined by the Minister of Environment, the inspection
referred to in paragraph (1) may be omitted as prescribed by the Presidential Decree. <Amended by Act No. 5961, Apr. 15, 1999>
(3) If it is required especially to make an inspection as referred to in paragraph (1), the Minister of Environment may make the inspection
using equipment of the motor vehicle manufacturer or at the place as designated separately, under the conditions as prescribed by
the Ordinance of the Ministry of Environment. <Amended by Act No. 5094, Dec. 29, 1995; Act No. 5961, Apr. 15, 1999>
(4) Expenses required for the inspection under the provisions of paragraph (1) and Article 34 shall be borne by the motor vehicle
manufacturer concerned. <Amended by Act No. 5961, Apr. 15, 1999>
(5) The detailed matters necessary for an inspection, such as methods, procedures, etc. of the inspection as referred to in paragraph
(1), shall be determined and announced publicly by the Minister of Environment. <Newly Inserted by Act No. 5094, Dec. 29, 1995>
(6) Where a motor vehicle manufacturer fails to get his car to pass the inspection under the provisions of paragraph (1), the Minister
of Environment may order the motor vehicle manufacturer to halt selling or shipping the same type of cars out of his car plant, which
are deemed to have been built under the same conditions as the car in question for a fixed period determined by the Minister of Environment.
<Newly Inserted by Act No. 5961, Apr. 15, 1999>
Article 34 (Inspection for Confirmation on and Correction of Defect)
(1) A motor vehicle manufacturer shall undergo the inspection of the Minister of Environment for whether or not the exhaust of the
exhaust gases of a motor vehicles running in the exhaust gas guarantee period is fitted to the permissible exhaust standards (hereinafter
referred to as defect confirmation inspection ). <Amended by Act No. 5094, Dec. 29, 1995>
(2) Matters necessary for the criteria for selecting motor vehicles subject to a defect confirmation inspection, the method, procedure
and standards of the inspection, the method of decision, the fees for inspection, etc. shall be determined by the Ordinance of the
Ministry of Environment. <Amended by Act No. 5094, Dec. 29, 1995>
(3) The Minister of Environment shall, upon determining the Ordinance of the Ministry of Environment as referred to in paragraph (2),
consult with the heads of the central administrative agencies concerned, and decide and announce publicly each year the categories
of motor vehicles to undergo the defect confirmation inspection according to the criteria for selection as referred to in paragraph
(2). <Newly Inserted by Act No. 5094, Dec. 29, 1995>
(4) In the case where it is judged as a result of the defect confirmation inspection, that it is unfit to the permissible exhaust
standards of manufactured cars, if it is deemed that it is attributable to the motor vehicle manufacturer, the Minister of Environment
may order defect correction to such categories of automobiles: Provided, That if the motor vehicle manufacturer admits the fact of
defect, and desires to correct it by himself, the order of defect correction may be omitted. <Newly Inserted by Act No. 5094,
Dec. 29, 1995>
(5) Any motor vehicle manufacturer who has received a defect correction order as referred to in paragraph (4), or who desires to correct
the defect by himself, shall make the schedule on the correction of the defect of the motor vehicles concerned, under the conditions
as prescribed by the Ordinance of the Ministry of Environment, and execute it with the approval of the Minister of Environment, and
report the result to the Minister of Environment. <Newly Inserted by Act No. 5094, Dec. 29, 1995>
(6) In case where it is found as a result of examination of the defect correction report as referred to in paragraph (5), that the
defect correction plan is not carried out, if it is deemed that it is caused by the person who received the defect correction order,
or desires to correct the defect by himself, the Minister of Environment shall determine a new defect correction order with a period
fixed. <Amended by Act No. 5094, Dec. 29, 1995>
(7) If any part connected to the exhaust gases as prescribed by the Ordinance of the Ministry of Environment after the Minister of
Environment consulted with the Minister of Commerce, Industry and Energy, fails to maintain normal performance, the owner or operator
of motor vehicle which is in the exhaust gas guarantee period, may request the motor vehicle manufacturer to correct such defect.
<Newly Inserted by Act No. 4535, Dec. 8, 1992; Act No. 5094, Dec. 29, 1995; Act No. 5454, Dec. 13, 1997>
(8) Any motor vehicle manufacturer who has received a request for defect correction as referred to in paragraph (7), shall examine
without delay the requested matters and correct the defect, except when the manufacturer proves that there is no purpose or negligence
of his own. <Newly Inserted by Act No. 4535, Dec. 8, 1992; Act No. 5094, Dec. 29, 1995>
Article 35 (Revocation of Authentication)
The Minister of Environment may revoke the authentication in the following cases: Provided, That in the cases falling under subparagraph
1 or 2, he shall revoke the authentication: <Amended by Act No. 4535, Dec. 8, 1992; Act No. 5094, Dec. 29, 1995; Act No. 5388,
Aug. 28, 1997; Act No. 5961, Apr. 15, 1999>
1.Where the authentication is granted in deceitful or other unlawful ways;
2.Where it is impossible to maintain the permissible exhaust standards of manufactured cars even after improvement measures, because
of a serious defect occurred in it;
2-2.Where an order given under the provisons of Article 33 (6) to halt selling and shipping the car in question out of a car plant
is violated; and
3.Where an order given under the provisons of Article 34 (4) or (6) to correct defects is not followed.
Article 36 (Permissible Exhaust Standards for Running Car)
Any owner of an automobile shall drive or make his automobile driven while keeping the gas exhausted by his automobile at a level
consistent with the permissible exhaust standards prescribed by the Presidential Decree (hereinafter referred to as the permissible
exhaust gas standards of running car ). <Amended by Act No. 4535, Dec. 8, 1992>
Article 36-2 (Driving of Pollution-Free and Low-Pollution Automobile, etc.)
(1) Where the Mayor/Do governor deems it necessary to improve the air quality in an urban area, he may order the owners of automobiles
using light oil as fuel (hereafter in this Article, referred to as the automobile using light oil as fuel ), from among the automobiles
driven in the relevant area, under the conditions as stipulated by the Municipal Ordinance of relevant City/Do, to convert the relevant
automobiles into the pollution-free and low-pollution automobiles as prescribed by the Minister of Environment, or to attach to the
relevant automobiles the devices designed to reduce or lower exhaust gas as prescribed by the Minister of Environment. <Amended
by Act No. 6826, Dec. 26, 2002>
(2) The State or local governments may provide any person falling under any of the following subparagraphs with subsidies or loans
within the limits of budget for the wider use of pollution-free and low-pollution automobiles and the wider attachment of devices
designed to reduce or lower the exhaust gas: <Amended by Act No. 6826, Dec. 26, 2002>
1.A person who intends to purchase the pollution-free and low-pollution automobiles prescribed by the Minister of Environment;
2.A person who intends to install facilities used to supply fuel (including electricity, solar, hydrogen, etc.) into the pollution-free
and low-pollution automobiles prescribed by the Minister of Environment; and
3.A person who intends to attach devices of reducing or lowering exhaust gas to automobiles, which are prescribed by the Minister
of Environment.
[This Article Newly Inserted by Act No. 5961, Apr. 15, 1999]
Article 36-3 (Restriction on Idling)
When the Mayor/Do governor deems it necessary to decrease the air pollution due to exhaust gas of automobiles, he may restrict, under
the conditions as stipulated by the Municipal Ordinance of relevant City/Do, the acts of running the engine while an automobile parks
or stops at the terminal, garage, parking lot, etc.
[This Article Newly Inserted by Act No. 6826, Dec. 26, 2002]
Article 37 (Occasional Checkup of Running Car)
(1) In order to confirm whether or not the exhaust gas of a running car is fit to the permissible exhaust gas standards of running
cars as prescribed in Article 36, the Special Metropolitan City Mayor, the Metropolitan City Mayor, or the head of Si/Gun/Gu (referring
to the head of autonomous Gu; hereinafter the same shall apply) may check up a running car on the road or at parking lot, etc. <Amended
by Act No. 4652, Dec. 27, 1993; Act No. 6826, Dec. 26, 2002>
(2) Automobile operators shall cooperate with the checkup as referred to in paragraph (1), and shall not refuse, evade or interfere
with it. <Amended by Act No. 5094, Dec. 29, 1995>
(3) Matters necessary for the method, etc. of checkup as referred to in paragraph (1) shall be determined by the Ordinance of the
Ministry of Environment. <Amended by Act No. 5094, Dec. 29, 1995>
Article 37-2 (Regular Inspection of Exhaust Gas of Running Car)
(1) The owner of an automobile shall undergo the regular inspection of exhaust gas of a running car (hereinafter referred to as the
regular inspection ) conducted to determine whether or not the gas exhausted by his automobile is in conformity with the permissible
exhaust gas standards of running car under the provisions of Article 43 (1) 2 of the Automobile Management Act and Article 13 (1)
2 of the Construction Machinery Regulation Act: Provided, That in the case of automobiles subject to a close inspection under Article
37-3, they shall be excluded from the objects of a regular inspection in the relevant year. <Amended by Act No. 5454, Dec. 13,
1997; Act No. 5961, Apr. 15, 1999; Act No. 6826, Dec. 26, 2002>
(2) Matters necessary for the method of regular inspection as referred to in paragraph (1), the items to be inspected, the inspection
capacity of the inspection institution, etc. shall be determined by the Ordinance of the Ministry of Environment. <Amended by
Act No. 6826, Dec. 26, 2002>
(3) The Minister of Environment shall, upon determining the Ordinance of the Ministry of Environment as referred to in paragraph (2),
consult with the Minister of Construction and Transportation.
(4) The Minister of Environment may request the Minister of Construction and Transportation to give the data on the results of a regular
inspection under paragraph (1). In this case, if there is no special reason, the Minister of Construction and Transportation shall
comply with it. <Amended by Act No. 6826, Dec. 26, 2002>
[This Article Newly Inserted by Act No. 5094, Dec. 29, 1995]
Article 37-3 (Close Inspection of Exhaust Gas of Running Cars)
(1) Any owner of the automobile registered (referring to the registration under Article 5 of the Automobile Management Act and Article
3 of the Construction Machinery Management Act) in an area falling under any one of the following subparagraphs shall undergo a close
inspection of the exhaust gas of a running car (hereinafter referred to as the close inspection ) conducted by the competent Mayor/Do
governor under the conditions as stipulated by the Municipal Ordinance of relevant City/Do: Provided, That this shall not apply to
the automobiles prescribed by the Ordinance of the Ministry of Environment such as low-pollution automobiles: <Amended by Act
No. 7295, Dec. 31, 2004>
1.The air environment regulation area designated and publicly announced under Article 8-3 (1); and
2.The areas determined by the Presidential Decree among the urban areas whose population is not less than five hundred thousand.
(2) When the Mayor/Do governor deems that any owner of the automobile is unable to undergo a close inspection due to natural disasters
and other inevitable conditions, he may extend an effective period of close inspection under paragraph (5) or defer a close inspection,
under the conditions as stipulated by the Ordinance of the Ministry of Environment.
(3) The Mayor/Do governor may order any owner of the automobile who has failed to undergo a close inspection to undergo a close inspection,
under the conditions as stipulated by the Ordinance of the Ministry of Environment.
(4) A person who desires to maintain his own automobile prescribed by the Ordinance of the Ministry of Environment among the automobiles
judged unfit in a close inspection shall have it maintained by a businessman specialized in the maintenance of exhaust gas devices
designated under Article 37-8 (1). Where he intends to undergo a re-inspection, he shall submit a written confirmation of maintenance
and check-up issued pursuant to paragraph (2) of the said Article. <Newly Inserted by Act No. 7295, Dec. 31, 2004>
(5) Any person intending to undergo a close inspection shall pay the fees for inspection under the conditions as stipulated by the
Ordinance of the Ministry of Environment.
(6) Automobiles subject to inspection, effective period of inspection, method of inspection, items subject to inspection for the close
inspection under paragraph (1), and establishment and operation of the electronic data processing system of close inspection, and
other necessary matters for the management of close inspection, shall be stipulated by the Ordinance of the Ministry of Environment.
[This Article Newly Inserted by Act No. 6826, Dec. 26, 2002]
Article 37-4 (Vicarious Performance of Close Inspection Duties)
(1) The Mayor/Do governor shall make the Korea Transportation Safety Agency established under the Korea Transportation Safety Agency
Act perform vicariously the close inspection duties under Article 37-3 (1): Provided, That when the Mayor/Do governor deems it necessary
for the efficient performance of close inspection, he may designate the automobile maintenance businessmen under Article 45 of the
Automobile Management Act as the designated businessmen of close inspection of running cars (hereinafter referred to as the designated
businessmen ) and make them perform vicariously the close inspection duties.
(2) The Korea Transportation Safety Agency and the designated businessmen performing vicariously the close inspection duties under
paragraph (1), and any person engaged in the close inspection duties, shall not commit the acts of the following subparagraphs:
1.Acts to have other persons perform the inspection duties under one s own title; and
2.Acts to perform the inspections by falsity and other illegal means.
(3) The Korea Transportation Safety Agency and the designated businessmen performing vicariously the close inspection duties under
paragraph (1) shall equip themselves with the technological abilities, facilities and equipments which are required for the close
inspection, and observe the code of practices as stipulated by the Ordinance of the Ministry of Environment.
(4) Designation standards, designation procedures, and scope of inspection duties of the designated businessmen under paragraph (1),
and the standards for technological abilities, facilities and equipments, etc. of the persons performing vicariously the close inspection
duties under paragraph (1), and other matters necessary for the close inspection, shall be stipulated by the Ordinance of the Ministry
of Environment.
[This Article Newly Inserted by Act No. 6826, Dec. 26, 2002]
Article 37-5 (Disqualifications of Designated Businessmen)
Persons falling under one of the following subparagraphs shall not be designated as the designated businessmen: <Amended by Act
No. 7428, Mar. 31, 2005>
1.Minor, incompetent or quasi-incompetent;
2. Bankrupt who fails to be reinstated;
2.Person who has been declared bankrupt and has yet to be reinstated;
Enforcement Date: Apr. 1, 2006
3.Person for whom 2 years have not elapsed from the day on which his sentence execution has been terminated (including the case where
it is deemed to have been terminated) or has been decided to be exempted, after he was sentenced to an imprisonment with prison labor
or a heavier punishment in contravention of this Act;
4.Person for whom 2 years have not elapsed after a revocation of designation as the designated businessman under Article 37-6;
5.Person for whom 2 years have not elapsed after a revocation of registration of the confirmatory inspection agent under Article 40-3;
and
6.Corporation having such person as falling under one of subparagraphs 1 through 5 among its officers.
[This Article Newly Inserted by Act No. 6826, Dec. 26, 2002]
Article 37-6 (Revocation, etc. of Designation)
Where the Korea Transportation Safety Agency or the designated businessman performing vicariously the close inspection falls under
one of the following subparagraphs, the Mayor/Do governor may either order the suspension of all or part of said vicarious duties
with fixing the period of less than 6 months, or revoke the designation of a designated businessman: Provided, That subparagraphs
1, 4 and 6 shall apply only to the designated businessman, and if a case falls under subparagraph 1 or 4, the said designation shall
be revoked:
1.Where the designation of a designated businessman has been obtained by falsity and other illegal means;
2.Where the prohibited acts under each subparagraph of Article 37-4 (2) have been committed;
3.Where coming to fall short of the standards for technological abilities, facilities and equipments under Article 37-4 (3), or the
code of practices has not been observed;
4.Where the designated businessman comes to fall under any subparagraph of Article 37-5: Provided, That in the case of a corporation
falling under subparagraph 6 of the same Article, it shall be limited to the case where the said corresponding causes have not been
dissolved within 6 months from the date of falling thereunder;
5.Where the inspection duties are peformed faithlessly by intention or gross negligence;
6.Where the duties are not commenced within 1 year after obtaining the designation as designated businessman, or where there exists
no actual achievement of duties for not less than 1 year continuously without any justifiable grounds; and
7.Other cases where this Act or any orders or dispositions under this Act have been violated.
[This Article Newly Inserted by Act No. 6826, Dec. 26, 2002]
Article 37-7 (Disposition of Penalty Surcharge)
(1) Where the Mayor/Do governor has to make a disposition of business suspension since the Korea Transportation Safety Agency or the
designated businessman performing vicariously the close inspection duties comes to fall under any of subparagraphs 2, 3, 5 through
7 of Article 37-6, if he deems that the said business suspension causes serious inconveniences to the utilizers of relevant business
or it is necessary for the public interests, he may impose a penalty surcharge of not more than 50 million won in lieu of said business
suspension.
(2) When the penalty surcharge under paragraph (1) has not been paid within the time limit, it shall be collected by referring to
the practices of dispositions on default of local taxes.
(3) Any amount collected as the penalty surcharge under paragraphs (1) and (2) shall be the revenues of the City/Do, but it shall
be disbursed for the usage as prescribed by the Presidential Decree.
(4) Matters necessary for the amount, etc. of the penalty surcharge in accordance with the types and levels of violating acts on which
the penalty surcharge is imposed under paragraph (1) shall be stipulated by the Ordinance of the Ministry of Environment.
[This Article Newly Inserted by Act No. 6826, Dec. 26, 2002]
Article 37-8 (Designation, etc. of Businessman Specialized in Maintenance of Exhaust Gas Devices)
(1) The Mayor/Do governor may designate a businessman specialized in the maintenance of exhaust gas devices from among the automobile
maintenance businessmen under the Automobile Management Act to efficiently maintain and check up the running cars which exceed the
permissible exhaust gas standards.
(2) A businessman specialized in the maintenance of exhaust gas devices designated under paragraph (1) shall issue a written confirmation
of maintenance and check-up where he has maintained an automobile judged unfit in a close inspection.
(3) A businessman specialized in the maintenance of exhaust gas devices and a person engaged in the business of such maintenance shall
be prohibited from doing an act falling under any one of the following subparagraphs:
1.An act of allowing another person to perform the business of maintenance under his own name;
2.An act of issuing a written confirmation of maintenance and check-up by falsity and other illegal means; and
3.Other acts of violating the code of practices stipulated by the Ordinance of the Ministry of Environment concerning the business
of maintenance.
(4) Necessary matters concerning the standards and procedures for designation, the management, etc. of a businessman specialized in
the maintenance of exhaust gas devices under paragraph (1) shall be prescribed by the Ordinance of the Ministry of Environment.
[This Article Newly Inserted by Act No. 7295, Dec. 31, 2004]
Article 37-9 (Revocation of Designation, etc.)
Where a businessman specialized in the maintenance of exhaust gas devices referred to in Article 37-8 (1) falls under any one of the
following subparagraphs, the Mayor/Do governor may either order the suspension of all or part of his maintenance business with fixing
the period of not more than 6 months, or revoke his designation as such businessman: Provided, That in the case of subparagraph 1,
the said designation shall be revoked:
1.Where the designation has been obtained by falsity and other illegal means;
2.Where any prohibited act under each subparagraph of Article 37-8 (3) has been committed or the code of practices has not been observed;
3.Where he fails to satisfy the designation standards prescribed by the Ordinance of the Ministry of Environment under Article 37-8
(4);
4.Where the maintenance business is peformed faithlessly by intention or gross negligence; and
5.Where, otherwise, this Act or any orders or dispositions under this Act have been violated.
[This Article Newly Inserted by Act No. 7295, Dec. 31, 2004]
Article 38 (Order on Improvement of Running Car)
(1) If it is found as a result of a checkup on a running car as prescribed in Article 37, that the exhaust gas of the car exceeds
the permissible exhaust gas standards of running cars, the Special Metropolitan City Mayor, the Metropolitan City Mayor, or the head
of Si/Gun/Gu may order the owner of the car to improve it under the conditions as prescribed by the Ordinance of the Ministry of
Environment. In this case, he may order simultaneously to suspend the use of such car for a period required for such improvement
within ten days. <Amended by Act No. 4535, Dec. 8, 1992; Act No. 4652, Dec. 27, 1993; Act No. 5094, Dec. 29, 1995; Act No. 6826,
Dec. 26, 2002>
(2) Deleted. <by Act No. 4535, Dec. 8, 1992>
(3) A person who receives an improvement order under paragraph (1) shall file a report thereon to the Special Metropolitan City Mayor,
the Metropolitan City Mayor, or the head of Si/Gun/Gu after obtaining a confirmation of improvement results from a person who has
registered his business under the provisons of Article 40 (hereinafter referred to as a confirmatory inspection agent ) as prescribed
by the Ordinance of the Ministry of Environment. <Amended by Act No. 4535, Dec. 8, 1992; Act No. 4652, Dec. 27, 1993; Act No.
5094, Dec. 29, 1995; Act No. 5961, Apr. 15, 1999; Act No. 6826, Dec. 26, 2002>
Article 39 Deleted.
<by Act No. 5096, Dec. 29, 1995>
Article 40 (Registration of Confirmatory Inspection Agent)
(1) Any person who intends to carry on service confirming the results of running car improvement as prescribed in Article 38 (3),
shall equip himself with such technical capability, facilities, equipment, etc. as prescribed by the Ordinance of the Ministry of
Environment and register his business with the head of Si/Gun/Gu. The same shall apply to the case where he intends to alter important
matters prescribed by the Ordinance of the Ministry of Environment from among the registered matters. <Amended by Act No. 4652,
Dec. 27, 1993; Act No. 5094, Dec. 29, 1995; Act No. 5096, Dec. 29, 1995; Act No. 5388, Aug. 28, 1997; Act No. 5961, Apr. 15, 1999;
Act No. 7458, Mar. 31, 2005>
(2) Deleted. <by Act No. 5094, Dec. 29, 1995>
(3) Deleted. <by Act No. 5961, Apr. 15, 1999>
(4) Matters to be observed by a confirmatory inspection agent, inspection fees and other necessary matters shall be determined by
the Ordinance of the Ministry of Environment. <Amended by Act No. 5094, Dec. 29, 1995; Act No. 6826, Dec. 26, 2002>
(5) Deleted. <by Act No. 6262, Feb. 3, 2000>
Article 40-2 (Disqualifications of Confirmatory Inspection Agents)
Any person falling under one of the following subparagraphs shall not be registered as a confirmatory inspection agent: <Amended
by Act No. 7428, Mar. 31, 2005>
1.Minor, incompetent or quasi-incompetent;
2. Bankrupt who fails to be reinstated;
2.Person who has been declared bankrupt and has yet to be reinstated;
Enforcement Date: Apr. 1, 2006
3.Person for whom 2 years have not elapsed from the day on which his sentence execution has been terminated (including the case where
it is deemed to have been terminated) or has been decided to be exempted, after he was sentenced to an imprisonment with prison labor
or a heavier punishment in contravention of this Act;
4.Person for whom 2 years have not elapsed after a revocation of designation as the designated businessman under Article 37-6;
5.Person for whom 2 years have not elapsed after a revocation of registration of the confirmatory inspection agent under Article 40-3;
and
6.Corporation having such person as falling under one of subparagraphs 1 through 5 among its officers.
[This Article Wholly Amended by Act No. 6826, Dec. 26, 2002]
Article 40-3 (Revocation, etc. of Registration)
The head of Si/Gun/Gu may, if any confirmatory inspection agent falls under any of the following subparagraphs, revoke his registration
or order him to suspend his business for a fixed period not exceeding six months: Provided, That in case of subparagraph 1 or 2,
the head of Si/Gun/Gu shall revoke the agent s registration: <Amended by Act No. 6826, Dec. 26, 2002; Act No. 7458, Mar. 31, 2005>
1.Where a confirmatory inspection agent falls under any subparagraph of Article 40-2: Provided, That in the case of a corporation
falling under subparagraph 6 of the same Article, it shall be limited to the case where the said corresponding causes have not been
dissolved within 6 months from the date of falling thereunder;
2.Where he makes the registration in a deceitful or unlawful way;
3.Where he lends his certificate of registration to another person;
4.Where he is subject to a disposition taken to suspend his business two or more times a year;
5.Where he carries out a unfaithful inspection on purpose or by grave negligence;
6.Where he fails to start a business within two years after registration, or he has no actual results of business for two or more
consecutive years; and
7.Where he violates this Act or any order issued under this Act.
[This Article Newly Inserted by Act No. 6262, Feb. 3, 2000]
Article 41 (Regulation of Fuel or Additives of Motor Vehicle)
(1) Any person who desires to manufacture (including import; hereinafter the same shall apply) fuel or additives used for motor vehicles,
shall manufacture them in line with the standards as determined by the Ordinance of the Ministry of Environment. <Amended by Act
No. 5094, Dec. 29, 1995>
(2) Any person shall be prohibited from supplying, selling or using the oil products which have been manufactured incongruous with
the manufacturing standards for the fuel or additives for automobiles as stipulated by the Ordinance of the Ministry of Environment
under paragraph (1), as the fuel or additives for automobiles: Provided, That the same shall not apply to the case where any person
as stipulated by the Ordinance of the Ministry of Environment, such as the schools, research institutes, etc., manufactures, supplies
or uses the fuel or additives for automobiles for the purpose of tests or researches. <Newly Inserted by Act No. 6826, Dec. 26,
2002>
(3) If it is deemed that the fuel or additives might cause any danger or injury to the environment, or produce any matter harmful
remarkably to the human body, the Minister of Environment may regulate the manufacture, sale or use of such fuel or additives under
the conditions as prescribed by the Ordinance of the Ministry of Environment. <Amended by Act No. 5094, Dec. 29, 1995>
Articles 42 and 43 Deleted.
<by Act No. 5961, Apr. 15, 1999>
CHAPTER V Deleted.
Articles 44 through 47 Deleted.
<by Act No. 6262, Feb. 3, 2000>
CHAPTER VI SUPPLEMENTARY PROVISIONS
Article 48 (Training of Environment Engineer, etc.)
(1) Any person who employs environment engineers shall have them take the training conducted by the Minister of Environment or the
Mayor/Do governor under the conditions as prescribed by the Ordinance of the Ministry of Environment. <Amended by Act No. 4535,
Dec. 8, 1992; Act No. 5094, Dec. 29, 1995; Act No. 6262, Feb. 3, 2000; Act No. 7168, Feb. 9, 2004; Act No. 7458, Mar. 31, 2005>
(2) The Minister of Environment or the Mayor/Do governor may collect expenses required for the training under paragraph (1) from the
person who employs the personnel subject to such training under the conditions as prescribed by the Ordinance of the Ministry of
Environment. <Newly Inserted by Act No. 5388, Aug. 28, 1997; Act No. 7458, Mar. 31, 2005>
(3) The Minister of Environment or the Mayor/Do governor may entrust the training referred to in paragraph (1) to the specialized
agency concerned. <Newly Inserted by Act No. 7458, Mar. 31, 2005>
Article 49 (Report, Inspection, etc.)
(1) The Minister of Environment may, in accordance with the Ordinance of the Ministry of Environment, order the following persons
to make a necessary report or to submit the data, and have the related public officials (including the employees of the related specialized
agency entrusted with the authority of the Minister of Environment under Article 54 (2)) gain access to relevant facilities or business
places, etc. to gather the pollutants or to inspect the related documents, facilities, equipments, etc. in order to confirm whether
or not complying with the permissible emission standards under Article 8 or 13 (4), whether or not operating normally the measuring
devices under Article 15-2 (in the case of the employees of the related specialized agency entrusted with the Minister of Environment
under Article 54 (2), it shall be limited to the matters as stipulated in Article 15-2 (7)), and whether or not performing properly
the execution of the inspection duties under Articles 37-2 and 37-3 and the vicarious execution of those under Article 37-4: Provided,
That with respect to the persons falling under subparagraph 3, 4, 4-2, 4-3, 5, 8-2 or 8-3, the Minister of Environment or the Mayor/Do
governor shall perform them: <Amended by Act No. 4535, Dec. 8, 1992; Act No. 4652, Dec. 27, 1993; Act No. 5094, Dec. 29, 1995;
Act No. 5388, Aug. 28, 1997; Act No. 5961, Apr. 15, 1999; Act No. 6826, Dec. 26, 2002>
1.A businessman;
2.Deleted; <by Act No. 5871, Feb. 8, 1999>
3.A person who supplies, sells or uses oil the sulfur content standards of which are determined under Article 26 (1);
4.A person who is banned to manufacture, sell or use fuel under Article 27;
4-2.A person who has filed a report on the scattering dust generating business under the provisions of Article 28 (1);
4-3.A person who has installed facilities emitting volatile organic compound under the provisions of Article 28-2;
5.A person who is subject to the regulation of living malodor under the provisions of Article 30 (1);
6.A motor vehicle manufacturers under the provisions of Article 31;
7.and 8.Deleted; <by Act No. 5388, Aug. 28, 1997>
8-2.A confirmatory inspection agent who confirms the results on the improvement of running cars under the provisions of Article 40
(1);
8-3.A person who performs the regular inspection duties and the vicarious execution of a close inspection under Articles 37-2 (2)
and 37-4 (1);
9.A person who manufactures or sells fuel or additives used for automobile under Article 41;
10.Deleted; and <by Act No. 6262, Feb. 3, 2000>
11.A person who is entrusted with affairs of the Minister of Environment under Article 54 (2).
(2) When the Minister of Environment has gathered the pollutants in order to confirm whether or not complying with the permissible
emission standards under paragraph (1), he shall entrust the inspection agency as prescribed by the Ordinance of the Ministry of
Environment with the inspection on the pollution level: Provided, That the same shall not apply to the case where it is possible
to judge on the spot whether or not exceeding the permissible emission standards, which is prescribed by the Ordinance of the Ministry
of Environment. <Newly Inserted by Act No. 4535, Dec. 8, 1992; Act No. 5094, Dec. 29, 1995; Act No. 6826, Dec. 26, 2002>
(3) Any public official who enters and conducts an inspection under paragraph (1), shall carry with himself a certificate indicating
his competence and show it to the interested persons.
Article 50 (Cooperation of Related Agency)
If it is deemed required for attaining the purpose of this Act, the Minister of Environment may request the head of the central administrative
agency concerned or the Mayor/Do governor to take the following measures. In this case, the head of the central administrative agency
concerned or the Mayor/Do governor shall comply with it unless there is any special reason: <Amended by Act No. 5094, Dec. 29,
1995; Act No. 6826, Dec. 26, 2002>
1.Improvement of heating apparatus;
2.Change or replacement of motor vehicle engines;
3.Restriction on the motor vehicles span of life;
4.Restriction on the traffic of motor vehicles;
4-2. Computer data on the registration, inspection, norm and performance, etc. of automobiles required for electronic data processing
of the close inspection duties; and
5.Other matters as determined by the Presidential Decree.
Article 51 (Criteria for Administrative Disposition)
The criteria for administrative dispositions against acts contrary to this Act or any order determined under this Act shall be determined
by the Ordinance of the Ministry of Environment. <Amended by Act No. 5094, Dec. 29, 1995>
Article 52 (Hearing)
If the Minister of Environment, the Mayor/Do governor or the head of Si/Gun/Gu desires to take any of the following dispositions,
he shall hold a public hearing: <Amended by Act No. 5961, Apr. 15, 1999; Act No. 6262, Feb. 3, 2000; Act No. 6826, Dec. 26, 2002;
Act No. 7458, Mar. 31, 2005>
1.Revocation of the permission or order of closure of the emission facilities under Article 11 (3), 20 (1) or 21 (1);
2.Deleted; <by Act No. 5871, Feb 8, 1999>
3.Order of prohibition on supply, sale or use of fuel under Article 26 (4);
4.Order of prohibition on manufacture, sale or use of fuel under Article 27;
5.Order to correct defects under Article 34 (4) or (6);
6.Revocation of authentication under Article 35;
7.Revocation of designation against the designated businessman under Article 37-6; and
8.Revocation of registration against the confirmatory inspection agent under Article 40-3.
[This Article Wholly Amended by Act No. 5453, Dec. 13, 1997]
Article 53 (Fee)
Any person, who intends to obtain permission or permission on the modification for the installation of emission facilities or make
a report on a report on the modification thereof under Article 10, shall pay fees under the conditions as prescribed by the Ordinance
of the Ministry of Environment.
[This Article Wholly Amended by Act No. 6262, Feb. 3, 2000]
Article 54 (Delegation and Entrustment of Authority)
(1) The authority of the Minister of Environment under this Act may be delegated partially to the Mayor/Do governor, the head of the
Environment Institute under the control of the Ministry of Environment, or the head of regional environment agency under the conditions
as prescribed by the Presidential Decree. <Amended by Act No. 5094, Dec. 29, 1995>
(2) The Minister of Environment may entrust any competent institution with part of his affairs as prescribed by this Act under the
conditions as prescribed by the Presidential Decree. <Amended by Act No. 5094, Dec. 29, 1995>
Article 54-2 (Legal Fiction as Public Official in Applying Penal Provisions)
In applying the provisions of Article 129 through 132 of the Criminal Act, the persons engaged in the close inspection duties under
Article 37-4 (1) and the officers and employees of the corporations or organizations who are engaged in the entrusted duties under
Article 54 (2) shall be regarded as the public officials.
[This Article Newly Inserted by Act No. 6826, Dec. 26, 2002]
CHAPTER VII PENAL PROVISIONS
Article 55 (Penal Provisions)
Any person falling under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than
seven years or by a fine not exceeding fifty million won: <Amended by Act No. 4389, May 31, 1991; Act No. 4535, Dec. 8, 1992;
Act No. 4652, Dec. 27, 1993; Act No. 5094, Dec. 29, 1995; Act No. 5961, Apr. 15, 1999; Act No. 6826, Dec. 26, 2002>
1.A person who has established or modified emission facilities, or run business using such emission facilities, without obtaining
any permission or the permission of modification under Article 10 (1) or (2), or after obtaining such permission by any deceitful
way;
1-2.A person who has performed the act falling under Article 15 (1) 1 or 5;
1-3.A person who has violated an order to halt the operation under the provisions of Article 17 (1), or failed to execute an order
to take measures under the provisions of paragraph (2) of the same Article;
1-4.A person who has violated an order with respect to the closure of emission facilities, or the halt of operation under the provisions
of Article 20;
2.A person who has manufactured automobiles not consistent with the permissible exhaust standards of manufactured cars in contravention
of the provisions of Article 31;
3.A person who has manufactured automobiles without obtaining authentication in contravention of the provisions of Article 32 (1);
and
4. A person who has manufactured, supplied or sold the fuel or additives for automobiles in contravention of the provisions of Article
41 (1) or the main sentence of Article 41 (2).
Article 55-2 (Penal Provisions)
Any person falling under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than
five years, or by a fine not exceeding thirty million won: <Amended by Act No. 5961, Apr. 15, 1999; Act No. 6826, Dec. 26, 2002;
Act No. 7295, Dec. 31, 2004>
1.A person who has installed or altered emission facilities without filing a report under Article 10 (1) or after filing a false report,
or used the same emission facilities to do business;
2.and 3.Deleted; <by Act No. 5388, Aug. 28, 1997>
4.A person who has performed an act falling under the provisions of Article 15 (1) 2;
5.A person who has failed to take measures including attaching the measuring devices under the provisons of Article 15-2 (1);
6.A person who has performed an act falling under the provisons of the Article 15-2 (3) 1 or 3;
6-2.A person who has violated such orders as the restrictive measures on use of fuel under Article 26 (4);
7.A person who has failed to execute an order to take measures including improving facilities under the provisions of Article 28-2
(7) (including the cases applied mutatis mutandis under Article 28-3 (5));
8.A person who has violated an order to correct defects under the provisions of the main sentence of Article 34 (4) or (6);
9. A person other than a designated businessman who has performed the close inspection duties under the pretence of obtaining a designation
as the designated businessman under Article 37-4 (1); and
10. A person who has performed the business of maintenance without obtaining a designation as a businessman specialized in the maintenance
of exhaust gas devices in violation of Article 37-8 (1).
[This Article Newly Inserted by Act No. 5094, Dec. 29, 1995]
Article 56 (Penal Provisions)
Any person who falls under any of the following subparagraphs, shall be punished by imprisonment for not more than one year or by
a fine not exceeding five million won: <Amended by Act No. 4652, Dec. 27, 1993; Act No. 5094, Dec. 29, 1995; Act No. 5388, Aug.
28, 1997; Act No. 5961, Apr. 15, 1999; Act No. 6826, Dec. 26, 2002; Act No. 7295, Dec. 31, 2004>
1.Deleted; <by Act No. 5388, Aug. 28, 1987>
1-2.A person who has gone into operation without filing a report in contravention of the provisions of Article 14;
1-3.A person who has violated an order to halt the operation under the provisions of Article 15-2 (6);
1-4.Deleted; <by Act No. 5388, Aug. 28, 1997>
1-5.Deleted; <by Act No. 5871, Feb. 8, 1999>
2.A person who has manufactured automobiles without obtaining alteration authentication under the provisons of Article 32 (2);
3.A person who has taken an act falling under any subparagraph of Article 37-4 (2) in contravention of paragraph (2) of the same Article;
3-2.A person who has violated the order of business suspension under Article 37-6;
3-3. A person who has committed any such prohibited act as stipulated in Article 37-8 (3) 1 or 2;
3-4. A person who has violated the order of business suspension under Article 37-9;
4.A person who has used fuel in contravention of the provisions of the main sentence of Article 41 (2);
5.A person who has made or sold fuel or additives in contravention of the regulation under Article 41 (3);
6.Deleted; and <by Act No. 5961, Apr. 15, 1999>
7.Deleted. <by Act No. 6262, Feb. 3, 2000>
Article 57 (Penal Provisions)
Any person falling under any of the following subparagraphs shall be punished by a fine not exceeding two million won: <Amended
by Act No. 4535, Dec. 8, 1992; Act No. 5094, Dec. 29, 1995; Act No. 5388, Aug. 28, 1997; Act No. 5961, Apr. 15, 1999; Act No. 6826,
Dec. 26, 2002; Act No. 7168, Feb. 9, 2004>
1.Deleted; <by Act No. 5961, Apr. 15, 1999>
1-2.A person who has violated the order as prescribed in Article 7-2 (3) without any justifiable reason;
1-3.A person who has failed to measure the pollutants in contravention of the provisions of Article 22 (1), or record and keep the
results of measurement, or has falsely recorded and kept the results of false measurement;
1-4.A person who has failed to execute an order to take measures under the provisions of Article 15-2 (5);
2.A person who has failed to appoint an environment engineer, or to make the report on the appointment (including the appointment
by replacement) in contravention of the provisions of Article 24 (1);
3.A person who has violated an order such as a fuel use restriction measure as prescribed in Article 27;
4.A person who has violated an order to restrict the use, etc. of facilities, etc. producing scattering dust as prescribed in Article
28 (3);
4-2.A person who has installed or operated the facilities without filing any report under the provisions of Article 28-2 (1), 28-3
(1) or (2);
4-3. A person who has failed to take measures under Article 28-2 (3);
5.A person who has burnt malodorant in contravention of the provisions of Article 29;
6.A person who has failed to execute an order to take measures under the provisions of Article 30 (2);
6-2.A person who has failed to convert into the pollution-free and low-pollution automobiles under Article 36-2 (1), or to comply
with the order to attach the devices designed to reduce or lower exhaust gas;
7.A person who has refused, avoided or hindered checkups in contravention of the provisions of Article 37 (2);
7-2.A person who has failed to comply with the inspection order under Article 37-3 (3);
8.A person who has been ordered to improve or halt the use, but failed to execute such order under the provisions of Article 38 (1);
and
9.A person who has rejected, hindered or evaded an access and inspection by competent public servants under the provisions of Article
49 (1).
Article 58 (Penal Provisions)
Any person falling under any of the following subparagraphs shall be punished by a fine not exceeding one million won: <Amended
by Act No. 4535, Dec. 8, 1992; Act No. 4652, Dec. 27, 1993; Act No. 5094, Dec. 29, 1995; Act No. 5388, Aug. 28, 1997; Act No. 5961,
Apr. 15, 1999; Act No. 7168, Feb. 9, 2004>
1.and 2.Deleted; <by Act No. 4652, Dec. 27, 1993>
3.Deleted; <by Act No. 5961, Apr. 15, 1999>
4.Deleted; <by Act No. 5388, Aug. 28, 1997>
5.Deleted; <by Act No. 5871, Feb. 8, 1999>
6.A person who has interfered with the activities of an environment engineer under the provisions of Article 24 (4), or refused any
request of the environment engineer without any justifiable reason;
6-2.A person who has failed to install facilities for restraining production of scattering dust under the provisions of Article 28
(1), or to take necessary measures: Provided, That the same shall not apply to those who transport cement, coal, soil and sand, and
other powder-form materials;
7.A person who has violated any order to install facilities for restraining production of scattering dust, etc. as prescribed in Article
28 (2); and
8.Deleted. <by Act No. 4652, Dec. 27, 1993>
Article 59 (Fine for Negligence)
(1) Any person falling under any of the following subparagraphs shall be punished by a fine for negligence not exceeding one million
won: <Newly Inserted by Act No. 4652, Dec. 27, 1993; Act No. 5094, Dec. 29, 1995; Act No. 5961, Apr. 15, 1999; Act No. 6826, Dec.
26, 2002; Act No. 7295, Dec. 31, 2004>
1.Deleted; <by Act No. 5388, Aug. 28, 1997>
2.A person who has carried out any act as prescribed in the provisions of Article 15 (1) 3 or 4;
3.A person who has failed to keep records on the operating situation of the emission facilities, etc., or compiled false records in
contravention of the provisions of Article 15 (2);
3-2.A person who has performed any act falling under the provisions of Article 15-2 (3) 2;
3-3.A person who has failed to observe management and operation standards in contravention of the provisions of Article 15-2 (4);
4.A person who has supplied, sold or used fuel in excess of the sulfur content standards in contravention of the provisions of the
main sentence of Article 26 (3);
5.A person who has transported cement, coal, soil and sand, and other powder-form materials without installing facilities for restraining
production of scattering dust or taking necessary measures under the provisions of Article 28 (1);
5-2.A person who has failed to file a modified report on the emission facilities of volatile organic compounds under Article 28-2
(2) or 28-3 (3);
5-3.A person who has failed to take measures under the provisions of Article 30 (1);
6.A person who has failed to report on the results of defect correction under the provisions of Article 34 (5);
7.A person who has failed to observe the code of practices under Article 37-4 (3); and
8. A person who has failed to observe the code of practices under Article 37-8 (3) 3.
(2) Any person falling under any of the following subparagraphs shall be punished by a fine for negligence not exceeding 500 thousand
won: <Amended by Act No. 4535, Dec. 8, 1992; Act No. 4652, Dec. 27, 1993; Act No. 5094, Dec. 29, 1995; Act No. 5961, Apr. 15,
1999; Act No. 6826, Dec. 26, 2002; Act No. 7168, Feb. 9, 2004>
1.A person who has failed to file a report on modification under the provisions of Article 10 (2) or (3);
1-2.Deleted; <by Act No. 5388, Aug. 28, 1997>
2.and 3.Deleted; <by Act No. 5094, Dec. 29, 1995>
4.A person who has failed to comply with the matters to be observed by an environment engineer under the provisions of Article 24
(2);
5.Deleted; <by Act No. 5961, Apr. 15, 1999>
6.A person who has failed to file a report or an alteration report under the provisions of Article 28 (1);
7.Deleted; <by Act No. 5961, Apr. 15, 1999>
8.The owner of an automobile who has violated the provisions of Article 36;
8-2. The driver of an automobile violating the restriction on running of car engine under Article 36-3;
8-3. A person who has failed to undergo a close inspection in contravention of Article 37-3 (1);
9.A person who has failed to file a report under the provisions of Article 38 (3);
9-2.Deleted; <by Act No. 5388, Aug. 28, 1997>
10.A person who has failed to get any environment engineer to undergo training in contravention of the provisions of Article 48; and
11.A person who has failed to file a report under the provisions of Article 49 (1), or filed a false report, or failed to furnish
material or furnished false material.
(3) The fine for negligence as referred to in paragraphs (1) and (2) shall be imposed and collected by the Minister of Environment,
the Mayor/Do governor or the head of Si/Gun/Gu under the conditions as prescribed by the Presidential Decree. <Amended by Act
No. 4652, Dec. 27, 1993; Act No. 5094, Dec. 29, 1995; Act No. 6826, Dec. 26, 2002>
(4) Any person who is dissatisfied with a disposition of the fine for negligence as referred to in paragraph (3), may make an objection
to the Minister of Environment, the Mayor/Do governor or the head of Si/Gun/Gu within thirty days after he is informed of the disposition.
<Amended by Act No. 4652, Dec. 27, 1993; Act No. 5094, Dec. 29, 1995; Act No. 6826, Dec. 26, 2002>
(5) If a person who has been subject to a disposition of the fine for negligence as referred to in paragraph (3), makes an objection
under paragraph (4), the Minister of Environment, the Mayor/Do governor or the head of Si/Gun/Gu shall notify it without delay to
the competent court, which shall, upon receiving the notification, bring the case of fine for negligence to a trial under the Non-Contentious
Case Litigation Procedure Act. <Amended by Act No. 4652, Dec. 27, 1993; Act No. 5094, Dec. 29, 1995; Act No. 6826, Dec. 26, 2002>
(6) If no objection is made, and no fine for negligence is paid, within the period as referred to in paragraph (4), it shall be collected
following the examples disposition of national or local taxes in arrears. <Amended by Act No. 4652, Dec. 27, 1993>
Article 60 (Joint Penal Provisions)
If a representative of a juristic person, or an agent, a servant or any other employee of the individual or juristic person commits
an offense as prescribed in Articles 55 through 58 in connection with the business of the juristic person or individual, the penalty
of fine as prescribed in the respective corresponding Article shall be imposed on such juristic person or individual, in addition
to a punishment against the offender.
CHAPTERADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Method of Official Test on Air Pollution)
The method of official test on air pollution notified publicly under Article 22-3 of the previous Environment Preservation Act at
the time this Act enters into force, shall be considered as the method of official test on air pollution notified publicly under
Article 7.
Article 3 (Transitional Measures concerning Permissible Exhaust Standards)
The permissible exhaust standards as prescribed in Article 14 or 15-3 (2) of the previous Environment Preservation Act at the time
this Act enters into force, shall be considered as the permissible exhaust standards as prescribed in Article 8 or 13 (3).
Article 4 (Transitional Measures concerning Emission and Preventive Facilities)
(1) Any person who obtained a permission on installation or alteration of emission facilities under Article 15 (1) or (2) of the previous
Environment Preservation Act at the time this Act enters into force, shall be considered to have obtained the permission under Article
10 (1) or (2).
(2) Preventive or joint preventive facilities installed under the text of Article 15-2 (1) or Article 15-3 (1) of the previous Environment
Preservation Act at the time this Act enters into force, shall be considered to have been installed under the text of Article 11
(1), Article 13 (1) or (2), and a non-installation of preventive facilities under the proviso of Article 15-2 (1) of the previous
Environment Preservation Act shall be considered as a non-installation under the proviso of Article 11 (1).
(3) Any person who made a report on commencement of use of, or obtained a judgment of conformity on, emission and preventive facilities
under Article 16 of the previous Environment Preservation Act at the time this Act enters into force, shall be considered to have
made a report on the completion of installation or obtained a judgment of conformity under Article 14.
(4) Any person who is subject to an order of improvement, operation suspension, transfer, permission revocation, closure, etc. for
emission or preventive facilities under Articles 17 through 19, 20 or 21 of the previous Environment Preservation Act at the time
this Act enters into force, shall be considered to have been subject to an order of improvement, operation suspension, transfer,
permission revocation or closure, etc. under Articles 16 through 18, 20 or 21.
Article 5 (Transitional Measures concerning Emission Facilities Manager)
Any report on an appointment or an order of replacement of an emission facilities manager made under Article 23 or 23-2 of the previous
Environment Preservation Act at the time this Act enters into force shall be considered as a report on an appointment or the order
of replacement made under Article 24 (1) or 25.
Article 6 (Transitional Measures concerning Emission Dues)
Any payment order, payment and disposition for arrears of emission dues which are made under Article 19-2 of the previous Environment
Preservation Act at the time this Act enters into force shall be considered as a payment order, payment and disposition for arrears
determined or made under Article 19.
Article 7 (Transitional Measures concerning Self-Measurement, etc.)
Any measurement made under Article 22 of the previous Environment Preservation Act at the time this Act enters into force shall be
considered as a measurement made under Article 22, and any designation of measuring agent made under Article 22-2 of the previous
Environment Preservation Act, as a designation of measuring agent made under Article 23.
Article 8 (Transitional Measures concerning Authentication, etc. of Manufactured Motor Vehicle)
(1) Any motor vehicle manufactured or imported in conformity with the exhaust gases concentration standards as prescribed in Article
30 (1) of the previous Environment Preservation Act at the time this Act enters into force shall be considered as a motor vehicle
manufactured or imported fit to the permissible exhaust standards of manufactured cars as prescribed in Article 31.
(2) Any person who has submitted to the Administrator of the Environment Administration or the Minister of Environment the results
of test and inspection whether to be fit to the exhaust gases concentration standards with respect to samples of motor vehicles manufactured
or imported under Article 30 (1) and (2) of the previous Environment Preservation Act at the time this Act enters into force, or
who has undergone an inspection for confirmation thereof, shall be considered to have applied an authentication or obtained it under
Article 32 (2) and (4).
(3) Any order of correction determined under Article 30 (4) of the previous Environment Preservation Act at the time this Act enters
into force shall be considered as a defect correction order determined under Article 34.
Article 9 (Transitional Measures concerning Permissible Exhaust Standards of Running Cars)
The permissible exhaust standards for the type of motor vehicle as prescribed in Article 28 (1) of the previous Environment Preservation
Act at the time this Act enters into force shall be considered as the permissible exhaust standards of running cars as prescribed
in Article 36.
Article 10 (Transitional Measures concerning Type Approval, etc. on Machinery and Instruments for Inspection of Motor Vehicles)
That which has obtained or undergone the type of approval, confirming inspection or precision inspection for the machinery and instruments
of inspection about motor vehicles exhaust gases under Article 60-3 (1) or (2) of the previous Environment Preservation Act at the
time this Act enters into force, shall be considered to have obtained or undergone the type of approval or accuracy inspection as
prescribed in Article 39 (1) or (2), and that which has obtained or undergone an official approval or an inspection of comparative
correction for the Articles to be corrected by comparison for accuracy inspection under the previous provisions, shall be considered
to have obtained or undergone the official approval or comparative correction inspection by the Minister of Environment under Article
39 (3).
Article 11 (Transitional Measures concerning Designation of Inspection Agent)
Any person who conducts vicariously an inspection service for confirmation or accuracy inspections under Article 60-3 (2) of the previous
Environment Preservation Act at the time this Act enters into force, shall be considered to have been designated as an inspection
agent under Article 40 (1).
Article 12 (Transitional Measures concerning Motor Vehicle Fuel Additives)
Additives the harmfulness of which is examined under Article 31 (2) of the previous Environment Preservation Act at the time this
Act enters into force, shall be considered to have been examined under Article 42 (1), but such additives shall be registered under
Article 42 (1) within six months from the enforcement date of this Act.
Article 13 (Transitional Measures concerning Preventive Facilities Business)
Any person who has made a registration, or registration on modification, of preventive facilities business, or whose registration
has been revoked, under Article 47 or 49 of the previous Environment Preservation Act at the time this Act enters into force, shall
be considered to have made a registration, or registration of modification, of preventive facilities business, or whose registration
has been revoked, under Article 44 or 46.
Article 14 (Transitional Measures concerning Training of Emission Facilities Managers)
Any training for technical personnel, such as emission facilities managers, etc., conducted under Article 61-2 of the previous Environment
Preservation Act at the time this Act enters into force, shall be considered as a training conducted under Article 48.
Article 15 (Transitional Measures concerning Hearing)
Any hearing conducted under Article 62-4 of the previous Environment Preservation Act at the time this Act enters into force, shall
be considered as a hearing conducted under Article 52: Provided, That with respect to any case the hearing procedure of which is
in progress at the time this Act enters into force, the hearing shall proceed according to the previous provisions until it is terminated.
Article 16 (Transitional Measures concerning Public Notice, Disposition and Continuing Acts under Previous Environment Preservation
Act)
Any public notice, conditional permission, administrative disposition, and other act of administrative agency or various applications,
reports and acts to administrative agencies which have been made under the previous Environment Preservation Act before this Act
enters into force, shall be considered as acts of or to administrative agencies under the corresponding provisions of this Act.
Article 17 (Transitional Measures concerning Application of Penal Provisions)
Any application of the penal provisions to any offense against the previous Environment Preservation Act, which has been committed
before this Act enters into force, shall be subject to the previous provisions.
Article 18 (Relation with other Acts)
In the case th