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Laws of the Republic of Korea |
Presidential Decree No. 22124, Apr. 13, 2010
Amended by Presidential Decree No. 22449, Oct. 14, 2010
Decree No. 22977, Jun. 24, 2011
CHAPTER Ⅰ GENERAL PROVISIONS
The purpose of this Decree is to prescribe matters delegated pursuant to the Framework Act on Low Carbon, Green Growth and matters necessary for the enforcement thereof.
Hydro fluoro carbons (HFCs) and perfluorocarbons (PFCs) set forth in subparagraph 9 of Article 2 of the Framework Act on Low Carbon, Green Growth (hereinafter referred to as the “ACT”) are as specified in Table 1 annexed hereto.
CHAPTER Ⅱ NATIONAL STRATEGY OF LOW CARBON, GREEN GROWTH
“A modification to any minor matter specified by Presidential Decree” in the proviso to Article 9 (3) of the Act means a modification to a matter that does not affect the essential elements of the national strategy of low carbon, green growth under paragraph (1) of the same Article (hereinafter referred to as “national strategy”), such as a partial modification to the composition or details of practical tasks and detailed tasks, an annual implementation plan, or a matter regarding the main responsible agency or a related agency within the direction of the policies.
The Government may establish a five-year plan for the national strategy of low carbon, green growth (hereinafter referred to as “five-year plan}) for each five-year period in order to implement the national strategy in an efficient and systematic manner. In such cases, the plan shall undergo deliberation by the Green Growth Committee under Article 14 of the Act (hereinafter referred to as the “Committee”) and then by the State Council.
(1) Pursuant to Article 10 (1) of the Act, the head of each central administrative agency shall establish an implementation plan for
matters under his/her jurisdiction (hereinafter referred to as “central implementation plan”), including the following matters,
for each five-year period, within three months from the date on which the national strategy or a five-year plan is established or
revised so as to implement the national strategy and the five-year plan:
1. Analysis on the current status related to the promotion of green growth in the areas under his/her jurisdiction, domestic and
overseas trends, and the course and results of implementation;
2. Matters concerning the vision for green growth, the direction of policies, and agenda in policies in the areas under his/her jurisdiction;
3. Annual implementation plans for the areas under his/her jurisdiction;
4. Other matters necessary for the implementation of the national strategy and the implementation of the five-year plan.
(2) The Committee may prescribe appropriate guidelines and notify such guidelines to the head of each central administrative agency
in order to assist them in efficiently establishing central implementation plans.
(1) The head of each central administrative agency shall, whenever he/she establishes or revises a central implementation plan, report
to the Committee thereon within two months pursuant to Article 10 (2) of the Act.
(2) The Committee shall, upon receiving a report on a central implementation plan pursuant to paragraph (1), deliberate on the conformity
of the five-year plan with the national strategy and may present its opinion thereon to the head of the appropriate central administrative
agency.
(3) The head of a central administrative agency shall, upon receiving an opinion pursuant to paragraph (2), reflect the opinion in
the agency’s central implementation plan and related policies, unless any exceptional circumstance exists otherwise.
(4) “A modification to any minor matter specified by Presidential Decree” in the proviso to Article 10 (2) of the Act means a
partial modification to agenda in policies within the direction of policies, which constitutes a matter that does not affect the
essential elements of a central implementation plan.
(1) Pursuant to Article 11 (1) of the Act, the Special Metropolitan City Mayor, each Metropolitan City Mayor, each Do Governor, or
the Governor of each Special Self- Governing Province (hereinafter referred to as a “Mayor/Do Governor”) shall establish a regional
implementation plan for green growth (hereinafter referred to as “regional implementation plan”), including the following matters,
for each five-year period within six months from the date on which the national strategy or a five-year plan is established or revised:
1. Analysis on the current status related to the promotion of green growth in the Special Metropolitan City, each Metropolitan City
or Do, or each Special Self-Governing Province (hereinafter referred to as a “City/Do”) and the course and results of implementation;
2. Matters concerning the vision, the strategy, the direction of policies, and the agenda of policies, in which each local government’s
particulars are reflected, in connection with the national strategy, the five-year plan, and central implementation plans;
3. Annual implementation plans;
4. Future prospects and expected effects from the implementation of the regional implementation plan;
5. The regional green growth implementation system linked to local governments within his/her jurisdiction;
6. Other matters necessary for the local government’s implementation of low carbon, green growth.
(2) The Committee may prescribe appropriate guidelines and notify the guidelines to competent Mayors/Do Governors so as to assist
them in establishing regional implementation plans efficiently.
(3) Necessary matters concerning the method and procedure for the establishment of regional implementation plans and the procedure
for implementation of the plans shall be
prescribed by Municipal Ordinance, in addition to matters prescribed in paragraphs (1)
and (2).
(4) “A modification to any minor matter specified by Presidential Decree” in the proviso to Article 11 (2) of the Act means a
partial modification to agenda in policies within the direction for policies, which constitutes a matter that does not affect the
essential elements of a central implementation plan.
Strategy, etc.)
(1) Pursuant to Article 12 (1) of the Act, the Prime Minister shall review and evaluate the performance of the national strategy and
central implementation plans every year in compliance with the Framework Act on Public Service Evaluation.
(2) The head of each appropriate central administrative agency shall reflect the results of the review and evaluation under paragraph
(1) in establishing and revising the central implementation plan for the areas under his/her jurisdiction or in enforcing related
policies.
Implementation Plans)
(1) Pursuant to Article 12 (2) of the Act, each Mayor/Do Governor shall review and evaluate the current status of performance of the
relevant regional implementation plan every year.
(2) Each Mayor/Do Governor shall reflect the results of the review and evaluation under paragraph (1) in establishing and revising
the City/Do regional implementation plan or in enforcing related policies.
(3) Necessary matters concerning the principles of the evaluation under paragraph (1), agencies subject to the evaluation, the procedure
for the evaluation, and other relevant matters shall be prescribed by Municipal Ordinance.
CHAPTER Ⅲ GREEN GROWTH COMMITTEE, ETC.
(1) “Public officials specified by Presidential Decree, such as the Minister of Strategy and Finance, the Minister of Education,
Science and Technology, the Minister of Knowledge Economy, the Minister of Environment, and the Minister of Land, Transport and
Maritime Affairs” in Article 14 (4) 1 of the Act refers to the Minister of Strategy and Finance, the Minister of Education, Science
and Technology, the Minister of Foreign Affairs and Trade, the Minister of Public Administration and Safety, the Minister of Culture,
Sports and Tourism, the Minister for Food, Agriculture, Forestry and Fisheries, the Minister of Knowledge Economy, the Minister of
Environment, the Minister of Gender Equality and Family, the Minister of Land, Transport and Maritime Affairs, the Chairperson of
the Korea Communications Commission, the Chairperson of the Financial Services Commission, and the Minister of the Prime Minister’s
Office.
(2) The Minister of the Prime Minister’s Office shall serve as the secretary under Article 14 (5) of the Act.
(3) The Committee Chairperson may, if considered necessary, require the head of a central administrative agency to attend a meeting
of the Committee and present his/her opinion on an item of agenda within his/her jurisdiction or require an appropriate expert to
appear before the Committee to hear his/her opinion.
Related to Green Technology)
(1) The Committee may, when it completes deliberation on matters concerning the direction of distribution, and the efficient use of,
financial resources for research and development projects for green technology for low carbon, green growth pursuant to subparagraph
7 of Article 15 of the Act, present its opinion to the National Science and Technology Council under Article 9 of the Framework Act
on Science and Technology.
(2) The Committee may designate an appropriate specialized institution to have the institution assist the Committee in the deliberation
under paragraph (1).
(1) In principle, the Committee shall hold regular meetings under Article 16 (2) of the Act on a half-yearly basis.
(2) The Committee Chairperson shall, when he/she intends to convene a meeting, notify each committee member of the time schedule and
agenda of the meeting not later than seven days before opening the meeting: Provided, That the foregoing shall not apply to an emergency
case or any case in which an exceptional circumstance exists.
(3) “Any case specified by Presidential Decree” in the proviso to Article 16 (3) of the Act means any of the following cases.
In such cases, the Committee Chairperson shall prepare a written resolution and report to the next meeting of the Committee on
the
results thereof:
1. Where there is insufficient time to hold a meeting due to urgency;
2. Where it is difficult due to a natural disaster or any other unavoidable cause or event to achieve a quorum for the meeting by
attendance of committee members or where the Committee Chairperson considers it exceptionally necessary.
(1) Subcommittees installed within the Committee pursuant to Article 17 (1) of the Act and business affairs assigned to each subcommittee
are as follows:
1. Subcommittee for Green Growth and Industry: National strategy, finance, legal system, green technology, creation of jobs related
to green growth, and training of human resources therefor;
2. Subcommittee for Climate Change and Energy: The basic plan for coping with climate change and the basic energy plan under Articles
40 and 41 of the Act, the establishment of the Integrated Information Management System for Greenhouse Gases under Article 45 of
the Act, and the system for trading greenhouse gas emissions under Article 46 of the Act;
3. Subcommittee for Green Life and Sustainable Development: The basic plan for sustainable development, proliferation of green life,
green land, green buildings, establishment of low carbon traffic systems, and water management under Articles 50 through 54 of the
Act;
(2) The Committee Chairperson may, if necessary to carry out and support the Committee's business efficiently, establish a subcommittee
taking charge of international negotiations, international cooperation, and processing of corporate grievances in addition to subcommittees
under paragraph (1), after undergoing resolutions of the Committee.
(3) Each subcommittee under paragraph (1) or (2) shall be comprised of not more than 15 commissioned members.
The Green Growth Task Force under Article 18 of the Act (hereinafter referred to as the
“Task Force”) shall take charge of the following matters:
1. Matters concerning assistance in the operation of the Committee and subcommittees;
2. Preparation and examination of items of agenda that shall be brought to meetings of the
Commission and subcommittees for deliberation;
3. Matters concerning assistance, consultation, and adjustment in the establishment of central
and regional implementation plans;
4. Matters concerning assistance in surveys and research pertaining to low carbon, green growth and related projects;
5. Matters concerning cooperation with the Integrated Greenhouse Gases Information Center under Article 36 (hereinafter referred to
as the “Center”) in relation to the operation of the Committee and subcommittees;
6. Other matters designated by the Committee Chairperson to assist the Committee and subcommittees in the operation of their business.
(1) A regional Green Growth Committee under Article 20 of the Act shall be comprised of not more than 50 members, including two Committee
Chairpersons.
(2) The Administrative Deputy Mayor or Administrative Deputy Governor under Article 73 (2) of the Enforcement Decree of the Local
Autonomy Act (or the Administrative Deputy Mayor or Administrative Deputy Governor appointed by the competent Mayor/Do Governor
in the case of a City/Do in which there are two or more Administrative Deputy Mayors or Administrative Deputy Governors) and a person
appointed by the competent Mayor/Do Governor from among members under paragraph (3) 2 shall serve as Chairpersons of each regional
Green Growth Committee.
(3) Members of a regional Green Growth Committee shall consist of the following persons:
1. Public officials appointed by the competent Mayor/Do Governor, among public officials of the City/Do in the rank of the head of
an office or bureau;
2. Persons commissioned by the competent Mayor/Do Governor, among persons who have ample knowledge and experience in low carbon,
green growth, including climate change, energy and resources, green technology and green industry, and sustainable development.
(4) Each regional Green Growth Committee shall deliberate on the following matters:
1. Matters concerning the fundamental direction of low carbon, green growth of the local government;
2. Matters concerning the establishment of and revision to the regional implementation plan;
3. High-priority tasks and action plans for implementing the regional implementation plan;
4. Other matters that the Chairperson of the regional Green Growth Committee considers necessary in connection with low carbon, green
growth of the local government.
(5) Matters necessary for the composition and operation of each regional Green Growth
Committee shall be prescribed by Municipal Ordinance of each local government, in
addition to matters prescribed in paragraphs (1) through (4).
CHAPTER Ⅳ PROMOTION OF LOW CARBON, GREEN GROWTH
(1) A company eligible for investment in green industry pursuant to Article 29 (1) of the Act shall be a collective investment scheme
(referring to a collective investment scheme defined in Article 9 (18) of the Financial Investment Services and Capital Markets
Act) that contributes or invests not less than 60/100 of the total contributions, total trust money, or capital in green technology
or green industry under paragraph (2) of the aforesaid Article.
(2) Technology or business related to green technology or green industry under Article 29 (2)
1 or 2 of the Act means the technology or business eligible for certification publicly notified pursuant to Article 19 (6) respectively.
(3) An enterprise related to green technology or green industry under Article 29 (2) 3 of the Act shall be an enterprise whose sales
from the transfer of green technology or green business under paragraph (2) or the manufacturing of related products amount to not
less than 30/100 of total sales during the year immediately preceding the year in which an application for certification is filed.
(4) The Financial Services Commission may, upon receiving an application for registration of a green industry investment company in
which a public institution invests pursuant to Article 29 (3) of the Act, notify the head of the competent central administrative
agency of details thereof and may consult with him/her as to what decision shall be made with regard to the registration.
Companies)
(1) The head of an appropriate central administrative agency may, when he/she grants a public institution a subsidy for contribution
to a green industry investment company pursuant to Article 29 (3) of the Act, determine matters necessary for financial support,
such as the scale, method, and terms and conditions of support, considering the feasibility of the business.
(2) The head of an appropriate central administrative agency may, if it is found that a green industry investment company in which
a public institution has invested pursuant to
Article 29 (3) of the Act fails to satisfy requirements under Article 16 (1) through (3) or has difficulties in continuing its business
in a normal condition, require the public institution to abstain from making any additional investment, to recover investments, or
to take other necessary measures.
(3) A public institution to which the Government has granted a subsidy pursuant to Article
29 (3) of the Act shall segregate accounts for investments from the institution's own accounts and install separate accounts to
account for revenue and expenditure related to such investments separately.
(1) The Minister of Education, Science and Technology, the Minister of Culture, Sports and Tourism, the Minister for Food, Agriculture,
Forestry and Fisheries, the Minister of Knowledge Economy, the Minister of Environment, the Minister of Land, Transport and Maritime
Affairs, and the Chairperson of the Korea Communications Commission may each promote the following projects and provide support necessary
for such projects so as to lay down a foundation for the standardization of green technology and green industry under jurisdiction
of each of them pursuant to Article 32 (1) of the Act:
1. Projects for the establishment of foundations for standardization in compliance with international standards and the system for
evaluation of conformity;
2. Projects for the standardization of developed green technology;
3. Projects for the standardization of green technology and green industry still in the process of research and development in the
Republic of Korea;
4. Projects for training professional human resources for laying down foundations for standardization;
5. Other projects necessary for laying down foundations for standardization.
(2) The Minister of Knowledge Economy shall take overall charge of affairs pertaining to the establishment of foundations for the
standardization of green technology and green industry under paragraph (1) and may take measures necessary to furnish citizens with
necessary information in a swift manner.
(1) Pursuant to Article 32 (2) of the Act, the head of each central administrative agency shall grant the certification of conformity
and the accreditation of a specialized green enterprise (hereinafter referred to as “green certification”) to any green technology
and a
green project (referring to a project that has great economic and technical effects, among economic activities related to green growth,
such as the installation of facilities and infrastructure for green industries and the application, dissemination, and diffusion
of green technology and green industries) under his/her jurisdiction.
(2) Any person who intends to obtain green certification shall file an application for green certification with the head of the competent
central administrative agency, and the head of the competent central administrative agency shall, upon receiving such an application,
designate an institution to have it evaluate contents of the application (hereinafter referred to as “evaluating institution”)
for green certification.
(3) Appropriate central administrative agencies shall jointly form a committee for deliberation on green certification (hereinafter
referred to as the “Certification Committee”) in order to have it confirm results of the evaluation of an evaluating institution
and make a decision on whether to grant green certification.
(4) The head of the competent central administrative agency shall entrust the Korea Institute for Advancement of Technology under
Article 38 of the Industrial Technology Innovation Promotion Act with the receipt of applications for green certification under
paragraph (2) and assistance to evaluating institutions in evaluations.
(5) The head of the competent central administrative agency may require a person who files an application for green certification
pursuant to paragraph (2) to bear expenses incurred in certification.
(6) Matters necessary for green certification, including subject matters of green certification, the standards, procedure, and method
for green certification, the designation of evaluating institutions, and the composition and operation of the Certification Committee,
in addition to matters prescribed in paragraphs (1) through (5), shall be jointly prescribed and notified to the public through
the Official Gazette by the Minister of Strategy and Finance, the Minister of Education, Science and Technology, the Minister of
Culture, Sports and Tourism, the Minister for Food, Agriculture, Forestry and Fisheries, the Minister of Knowledge Economy, the
Minister of Environment, the Minister of Land, Transport and Maritime Affairs, and the Chairperson of the Korea Communications
Commission.
(1) The Administrator of the Public Procurement Service may designate and publicly notify items necessary to facilitate public institutions'
purchases of green products pursuant to Article 32 (2) of the Act and prepare guidelines of procurement for such purchases.
(2) The Administrator of the Public Procurement Service may purchase green products as substitute for products that the head of a
public institution has requested to purchase or may reflect green products in plans and designs for a project that the head of a
public institution has requested to place an order, subject to prior consultation with the head of the public institution.
The Administrator of the Small and Medium Business Administration shall establish and implement annual promotion plans for the promotion of green technology and green management of medium and small enterprises pursuant to Article 33 of the Act.
Complexes for Green Technology and Green Industries)
“An institution or organization specified by Presidential Decree” in Article 34 (3) of the Act refers to any of the following
institutions or organizations: <Amended by Presidential Decree No. 22977, Jun. 24, 2011>
1. A project executor under Article 4 of the Act on Special Cases concerning Support of
Technoparks;
2. The Korea Industrial Complex Corporation under Article 45-3 of the Industrial Cluster
Development and Factory Establishment Act;
3. A specific research institute under Article 2 of the Support of Specific Research
Institutes Act or a joint management organization under Article 8 of the aforesaid Act;
4. A university, an industrial college, a junior college, or a technical college under the
Higher Education Act;
5. A government-funded science and technology research institute under the Act on the Establishment, Operation and Fostering of Government-Funded
Science and Technology Research Institutions;
6. The Korea Industrial Technology Association founded in accordance with Article 32 of the Civil Act and the Act on the Establishment
and Operation of Public-Service Corporations and by permission from the Minister of Education, Science and Technology;
7. The Korea Environment Corporation under the Korea Environment Corporation Act;
8. The Korea Environmental Industry and Technology Institute under Article 5-2 of the
Development of and Support for Environmental Technology Act;
9. The Korea Transportation Safety Authority under the Korea Transportation Safety
Authority Act;
10. A project executor under Article 16 (1) 1 of the Industrial Sites and Development Act.
CHAPTER Ⅴ REALIZATION OF LOW CARBON SOCIETY
“A modification to any minor matter specified by Presidential Decree” in the proviso to
Article 40 (2) of the Act means any of the following cases:
1. Where a matter related to Article 40 (3) 1 or 2 of the Act (limited to the current status of emission and absorption of greenhouse
gases) is partially modified according to domestic or overseas circumstances;
2. Where part of the basic plan for coping with climate change is revised within the maximum of 10/100 of total financial resources
required in connection with a matter that does not affect essential elements of the basic plan for coping with climate change, among
the matters under Article 40 (3) 6, 7, and 9 of the Act.
“A modification to any minor matter specified by Presidential Decree” in the proviso to Article 41 (2) of the Act means a case where part of the basic energy plan is revised within the maximum of 10/100 of total financial resources required in connection with a matter that does not affect essential elements of the basic energy plan, among the matters under the subparagraphs of paragraph (3) of the aforesaid Article.
(1) The target for the reduction of greenhouse gases under Article 42 (1) 1 of the Act shall be to reduce total nationwide emissions
of greenhouse gases in 2020 to 30/100 of the estimated emissions of greenhouse gases in 2020.
(2) The Committee shall, when it intends to deliberate on measures necessary for the establishment of detailed targets of reduction
and the target for each sector under Article
42 (4) of the Act to achieve the target of the reduction of greenhouse gases under paragraph (1) and for the assistance in performance
therefor, table the matters before the Council for Coordination of Economic Policies under Article 2 of the Regulation on the
Council for Coordination of Economic Policies for deliberation before the Committee deliberates thereon.
(3) The Committee shall, when it deliberates on the basic direction of policies on low carbon, green growth, take into consideration,
first among other things, schemes through which the conformity of central and regional implementation plans with the national strategy
can be realized to ensure that reduction targets under paragraph (1) are achieved and the basic plan for coping with climate change
under Article 40 of the Act, the basic energy plan under Article 41 of the Act, and the basic plan for sustainable development under
Article 50 of the Act can be systematically linked.
(1) The Minister of Environment shall carry out functions of overall control and coordination in relation to the establishment and
management of targets of the reduction of greenhouse gases and measures necessary therefor.
(2) The Minister of Environment shall prepare comprehensive standards and guidelines for the establishment, management, and verification
of targets under Article 42 (5) of the Act and publicly notify such standards and guidelines through the Official Gazette, taking
into consideration the consolidation and linkage of target management for greenhouse gases and energy, conditions of domestic industries,
international trends, prevention of double regulation, and advancement of related regulations. Such standards and guidelines shall
be subjected to prior consultation with the head of each appropriate central administrative agency responsible for each sector under
paragraph (3) (hereinafter referred to as “agency responsible for each sector”) and deliberation by the Committee.
(3) An agency responsible for each sector shall take charge of the establishment and management of targets under Article 42 (5) of
the Act for the sector under its jurisdiction and matters regarding measures necessary therefor according to the following categories.
In such cases, agencies responsible for each sector shall cooperate with the Minister of Environment in overall control and coordination
under paragraph (1) to the maximum extent possible:
1. The Ministry for Food, Agriculture, Forestry and Fisheries: Agriculture and Livestock industry;
2. The Ministry of Knowledge Economy: Industries and power generation;
3. The Ministry of Environment: Wastes;
4. The Ministry of Land, Transport and Maritime Affairs: Buildings and Transportation.
(4) The Minister of Environment may, if necessary to raise the reliability of the target management under Article 42 (5) of the Act,
conduct comprehensive inspection and evaluation on administrative affairs under jurisdiction of the agency responsible for each
sector under paragraph (3) and demand the agency responsible for the sector to take necessary measures, such as issuing orders
to business entities emitting greenhouse gases and business entities consuming energy under Article 42 (5) of the Act (hereinafter
referred to as “controlled entities”) to make improvements according to results of such inspection and evaluation, and the agency
responsible for each sector shall comply with such a demand, unless any exceptional circumstance exists otherwise.
(5) The Minister of Environment may, if he/she considers that there is a serious problem in results of controlled entities’ performance
for the targets of reduction of greenhouse gases and energy saving or the reliability of the statements under Article 34, conduct
an investigation into actual conditions of controlled entities jointly with the agency responsible for each sector.
(6) The Minister of Environment may request the agency responsible for each sector to furnish him/her with data necessary for the
inspection and evaluation under paragraph (4).
“Public institutions specified by Presidential Decree” in Article 42 (3) of the Act refers to the following institutions:
1. Public institutions under Article 4 of the Act on the Management of Public Institutions;
2. Local government-invested public corporations under Article 49 of the Local Public Enterprises Act and local government public
corporations under Article 76 of the aforesaid Act;
3. Hospitals under the Act on the Establishment of National University-Affiliated Hospitals, the Act on the Establishment of National
University-Affiliated Dental Hospitals, the Establishment of Seoul National University Hospital Act, and the Establishment of Seoul
National Dental Hospital Act;
4. National universities and public universities under Article 3 of the Higher Education Act.
Administrative Agencies, etc.)
(1) The head of each central administrative agency under Article 42 (3) of the Act, each local government, or each public institution
under Article 27 (hereinafter referred to as “central
administrative agency or similar entity”) shall submit to the Center a plan for performance of targets of reduction of greenhouse
gases and energy saving for the following year, including the following matters, not later than December 31, each year in electronic
form:
1. Annual targets of reduction of greenhouse gases and energy saving and a plan for performance of such targets;
2. Emissions of greenhouse gases and consumption of energy;
3. Facilities emitting greenhouse gases and facilities using energy;
4. Emissions of greenhouse gases from each facility and consumption of energy per facility;
5. Other matters prescribed by the Minister of Environment to achieve targets of reduction of greenhouse gases and energy saving.
(2) The Minister of Environment may, if he/she finds that a performance plan under paragraph (1) is not proper, demand the head of
the competent central administrative agency or similar entity to improve or supplement the performance plan, subject to consultation
with the Minister of Public Administration and Security and the Minister of Knowledge Economy.
(3) The head of a central administrative agency or similar entity shall, upon receiving a demand for improvement or supplement pursuant
to paragraph (2), submit a performance plan, in which such demand is reflected, to the Center within one month from the date on which
such demand is issued.
(4) The head of a central administrative agency or similar entity shall submit a report on results of performance of the performance
plan under paragraph (1) to the Center in electronic form by not later than March 31, the following year.
(5) The Minister of Public Administration and Security, the Minister of Knowledge Economy, and the Minister of Environment shall
jointly evaluate reports on results of performance under paragraph (4) within three months and shall report the results thereof
to the Prime Minister.
(6) The Prime Minister may, if necessary according to results of evaluation under paragraph (5), order the heads of central administrative
agencies and similar entities to take measures necessary to promote the reduction of greenhouse gases and energy saving.
(1) “Each entity that emits greenhouse gases, and each entity that consumes energy, in the standard quantity specified by Presidential
Decree or more” in Article 42 (5) of the Act
refers to any of the following business entities:
1. A business entity whose average total quantities per year of greenhouse gases emitted from and energy consumed in all its places
of business during the latest three years as of January 1 of the pertinent year meet all standards in Tables 2 and 3 annexed hereto;
2. A business entity's place of business in which average total quantities per year of emissions of greenhouse gases and consumption
of energy during the latest three years meet all the standards in Tables 4 and 5 annexed hereto, among the business entity's
places of business.
(2) The agency responsible for each sector shall select business entities under paragraph (1) as controlled entities and shall notify
the Minister of Environment of such entities not later than March 31 each year, along with relevant materials attached thereto.
(3) The Minister of Environment shall, upon receiving a notice under paragraph (2), examine duplication or omission in selection of
controlled entities, appropriateness of regulation, etc. and notify the agency responsible for the sector of results thereof, and
the agency responsible for the sector shall, upon receiving such a notice, designate controlled entities and give public notice
thereof through the Official Gazette not later than June 30, each year.
(4) Any controlled entity that has an objection to the designation under paragraph (3) may file the objection with the agency responsible
for the sector, along with supporting materials attached thereto, within 30 days from the date of public notification.
(5) The agency responsible for each sector shall, upon receiving an objection under paragraph (4), review the case and shall notify
the relevant controlled entity of results thereof within 30 days from the filing date of the objection, subject to the confirmation
of the Minister of Environment, and the agency responsible for each sector shall, if there is any change in the designation of a
controlled entity, give public notice of the change in detail through the Official Gazette.
(6) The Minister of Environment may integrate lists of controlled entities, designated and publicly notified by the agency responsible
for each sector pursuant to paragraph (3), to make a comprehensive announcement.
Entities)
(1) Pursuant to Article 42 (5) of the Act, the agency responsible for each sector shall establish targets of the reduction of greenhouse
gases, energy saving, and efficiency in the use of energy of controlled entities for the following year not later than September
30, each year and shall notify the targets to the controlled entities and the Center.
(2) The agency responsible for each sector shall, when it establishes targets of the reduction of greenhouse gases, energy saving,
and the efficiency in the use of energy of controlled entities pursuant to paragraph (1), organize and operate a council comprised
of appropriate central administrative agencies and non-governmental experts pursuant to the latter part of Article 42 (5) of the
Act.
(3) Each controlled entity that has received a notice of targets under paragraph (1) shall submit a performance plan for the following
year, including the following matters, to the agency responsible for the sector in electronic form not later than December 31, each
year, and the agency responsible for each sector shall submit the plan to the Center without delay:
1. Annual targets for each five-year period and a performance plan therefor;
2. The current status and operating ratio of production facilities in each place of business;
3. Types and quantity of greenhouse gases emitted from each place of business and types and quantity of energy consumed in each place
of business;
4. Targets of reduction of greenhouse gases, energy saving, and the efficiency of the use of energy in each place of business and
the method of performance therefor;
5. The current status of greenhouse gases emitted from each main manufacturing process and the consumption of energy in each main
production process;
6. Targets of reduction of greenhouse gases, energy saving, and the efficiency of the use of energy in each main manufacturing process
and the method of performance therefor;
7. The method of calculating the quantity of greenhouse gases emitted from each place of business and the quantity of energy consumed
in each place of business (including calculation and measurement methods);
8. Results of reduction, absorption, removal of greenhouse gases.
(4) Each controlled entity shall report results of performance of the performance plan under paragraph (3) to the agency responsible
for the sector in electronic form by not later than March 31, the following year, and the agency responsible for each sector shall
verify the accuracy of reports on results and whether such reports have been prepared in a measurable, reportable, and verifiable
manner and submit the reports to the Center.
(5) The agency responsible for each sector shall, when it finds that results of the performance of a controlled entity under paragraph
(4) fail to meet targets or that the method applied to measurement, reporting, or verification, among details in a report, is inadequate,
issue an order for improvement under Article 42 (8) of the Act or take other necessary
measures and notify the Minister of Environment thereof.
(6) Any controlled entity that has received an order for improvement pursuant to paragraph (5) shall, when it establishes a performance
plan under paragraph (3), reflect it in the plan.
(1) The Center shall, upon receiving results of the performance from the agency responsible for each sector under Article 30 (4),
enter such details in the register under Article 42 (7) of the Act and manage and operate such information comprehensively in electronic
form.
(2) The following matters shall be included in the register under paragraph (1):
1. Trade name or name of the controlled entity;
2. The representative of the controlled entity;
3. Addresses of the main office and places of business of the controlled entity;
4. Matters concerning the designation of the controlled entity;
5. Matters concerning the performance plan, reports on results, an order for improvement, etc. under Article 30 (3) through (5);
6. Matters concerning the statements under Article 34.
(1) “A reliable, independent, specialized institution specified by Presidential Decree” in Article 42 (9) of the Act refers to
an institution designated and publicly notified by the Minister of Environment, subject to consultation with the agency responsible
for the sector, as an institution equipped with human resources and physical capacity that can carry on the measurement, reporting,
and verification of quantities of greenhouse gases emitted and energy consumed in a professional manner.
(2) The Minister of Environment may, if necessary to raise the reliability of the measurement, reporting, and verification of controlled
entities, request an independent specialized institution, designated pursuant to paragraph (1), (hereinafter referred to as “testing
institution”) to furnish him/her with relevant materials, and the testing institution so requested shall comply with the request,
unless any exceptional circumstance exists otherwise.
(3) Matters concerning the standards and procedure for the designation of testing institutions, the selection of testing institutions
for controlled entities, and other relevant matters shall be determined and publicly notified by the Minister of Environment through
the Official Gazette, subject to prior consultation with the agency responsible for each sector, in
addition to matters prescribed in paragraphs (1) and (2).
The results of voluntary reduction of greenhouse gases under Article 43 of the Act, which have been tested and verified by a testing institution, may be taken into consideration in setting up the allocated quantity of emissions of greenhouse gases under the system for trading emissions of greenhouse gases under Article 46 of the Act.
(1) Each controlled entity shall prepare a statement of the quantities of greenhouse gases emitted and energy consumed for the relevant
year pursuant to Article 44 (1) of the Act and shall submit it to the agency responsible for the relevant sector not later than March
31, the following year, along with results of testing performed by the testing institution, in electronic form.
(2) A statement under paragraph (1) shall include the following matters:
1. The scale of the entity, manufacturing facilities, raw materials of products, and manufacturing quantity;
2. Types and quantity of greenhouse gases emitted from each place of business and types, scale, quantity, and operating hours of facilities
emitting greenhouse gases;
3. Types and quantity of energy used in each place of business, the composition of fuel in use, and types, scale, quantity, and operating
hours of facilities using energy;
4. The quantity and types of greenhouse gases emitted from each manufacturing process and facility and the scale of each manufacturing
process and facility;
5. Types, scale, processing efficiency, quantity, and operating hours of facilities for preventing emission of greenhouse gases used
in manufacturing process;
6. Types and quantity of greenhouse gases collected and disposed of;
7. The calculation and measurement method of the quantity of greenhouse gases emitted from each sector under subparagraphs 2 through
6 and the quantity of energy used in each sector;
8. The procedure for quality management of statements;
9. Results of reduction, absorption, and removal of greenhouse gases;
10. Other matters recognized by the agency responsible for each sector, subject to prior consultation with the Minister of Environment,
for the control of the quantity of greenhouse gases emitted and the quantity of energy used by each controlled entity.
(3) The agency responsible for each sector shall, upon receiving a statement pursuant to
paragraph (1), examine contents thereof and then submit the statement to the Center, along with relevant data, without delay, and
the Center shall keep and maintain them in the register under Article 31 (1).
(4) As to a reliable, independent, specialized institution for verifying the reliability of statements under Article 44 (2) of the
Act, Article 32 shall apply mutatis mutandis.
(5) Matters concerning the method of preparing statements and the procedure for reporting shall be determined and publicly notified
through the Official Gazette by the Minister of Environment, subject to prior consultation with the agency responsible for each sector,
in addition to matters prescribed in paragraphs (1) through (4).
(1) In principle, a statement under Article 34 shall be disclosed, unless any exceptional circumstance exists otherwise, and the
agency responsible for each sector and the Center may, upon receiving a request from a relevant administrative agency or a public
institution under Article 4 of the Act on the Management of Public Institutions, furnish it with such a statement, subject to deliberation
by the Committee.
(2) The Center may, upon receiving a request from the Financial Services Commission or the Korea Exchange for the disclosure of a
listed corporation's business report pursuant to Article 163 of the Financial Investment Services and Capital Markets Act, forward
the relevant controlled entity's statement.
(3) The disclosure of a statement under Article 44 (3) of the Act shall be made in electronic form through the web-site of the agency
responsible for each sector or the Center's integrated information management system for greenhouse gases.
(4) Any controlled entity that intends to request non-disclosure of a statement pursuant to the proviso to Article 44 (3) of the Act
shall file an explanatory letter regarding reasons for non-disclosure, along with the statement.
(5) The Center shall have a committee for examination on disclosure of statements under Article 44 (4) of the Act (hereinafter referred
to as the “Examination Committee”) in order to have it examine and decide whether to disclose information entirely or partially
when a request for non-disclosure of a statement is filed pursuant to paragraph (4).
(6) The Examination Committee shall be comprised of not more than seven members, including one Committee Chairperson.
(7) Committee members shall consist of four public officials working for the agency responsible for each sector and appointed by
the head of the agency responsible for the sector and non-governmental members commissioned by the Minister of Environment,
subject to consultation with the agency responsible for the sector, among persons who have ample knowledge and experience in green
growth and disclosure of information, while the Committee Chairperson shall be appointed by the Minister of Environment from among
committee members.
(8) A meeting shall be duly formed to be open with the attendance of a majority of incumbent committee members and shall adopt resolutions
by the affirmative vote of a majority of members present at the meeting.
(9) Matters necessary for the composition and operation of the Examination Committee shall be determined by the Committee Chairperson,
subject to resolution of the Examination Committee, in addition to matters prescribed in paragraphs (6) through (8).
Management System for Greenhouse Gases)
(1) In order to establish and manage the national integrated information management system for greenhouse gases under Article 45 (1)
of the Act, the Minister of Environment shall establish the Integrated Information Center for Greenhouse Gases under his/her control.
(2) The Center shall take charge of the following affairs:
1. Assistance in setting up targets of the reduction of greenhouse gases at the national level and for each sector;
2. Operation of the national integrated information management system for greenhouse gases in compliance with international standards;
3. Cooperation and assistance in business affairs and furnishing information to appropriate central administrative agencies pursuant
to Articles 26 through 35;
4. Survey and research on support for reduction of domestic and overseas greenhouse gases;
5. Cooperation with international institutions and organizations related to low carbon, green growth, as well as with developing
countries.
(3) The Minister of Environment shall organize and operate a council comprised of public officials, who shall be members of the Senior
Executive Services, of appropriate central administrative agencies, including the Ministry of Strategy and Finance, the Ministry
of Public Administration and Security, the Ministry for Food, Agriculture, Forestry and Fisheries, the Ministry of Knowledge Economy,
and the Ministry of Land, Transport and Maritime Affairs, and the head of the Task Force in order to have the Center carry out its
business affairs efficiently and systematically.
(4) Pursuant to Article 45 (2) of the Act, the agency responsible for each sector shall submit
to the Center information and statistics regarding greenhouse gases during the previous year for each sector under its jurisdiction
according to the following categories by not later than June 30 each year:
1. The Minister for Food, Agriculture, Forestry and Fisheries: Agriculture and forestry;
2. The Minister of Knowledge Economy: Energy and industrial process;
3. The Minister of Environment: Wastes;
4. The Minister of Land, Transport and Maritime Affairs: Buildings and transportation.
(5) In order to secure international reliability of the national integrated information management system for greenhouse gases, the
Minister of Environment shall examine the validity of information and statistics regarding greenhouse gases under paragraph (4)
and shall have standing as the national agency for integrated information management for greenhouse gases externally. In such cases,
the Minister of Environment shall consult with the Commissioner of the Korea National Statistical Office to secure the fairness
and reliability of statistics of greenhouse gases.
(6) The Center may, if considered necessary to carry out its business affairs efficiently, request any of the following institutions
related to low carbon, green growth, including climate change, energy, and sustainable development, to render necessary assistance
with human resources, information, and analysis, subject to prior consultation with the head of the competent central administrative
agency:
1. A research institute under Article 8 (1) of the Act on the Establishment, Operation and
Fostering of Government-Funded Research Institutions;
2. A research institute under Article 8 (1) of the Act on the Establishment, Operation and
Fostering of Government-Funded Science and Technology Research Institutions;
3. A public institution under Article 4 of the Act on the Management of Public
Institutions.
Automobiles and Allowable Emission of Greenhouse Houses)
(1) The standards for average energy consumption efficiency of automobiles shall be prescribed by the Minister of Knowledge Economy,
while the standards for allowable emission of greenhouse gases from automobiles shall be prescribed by the Minister of Environment
in executing business affairs for the control of greenhouse gases from traffic sector pursuant to Article 47 (2) of the Act, but
the application to auto makers (including importers; the same shall apply hereinafter) and management of the standards for average
energy consumption efficiency of automobiles and the standards for
allowable emission of greenhouse gases from automobiles shall be under jurisdiction of the Minister of Environment. In such cases,
the Minister of Environment shall furnish the Minister of Knowledge Economy with materials regarding the application and management
of such standards.
(2) The Minister of Environment shall publicly notify standards that allow auto makers to alternatively comply with the standards
for average energy consumption efficiency of automobiles and the standards for allowable emission of greenhouse gases from automobiles
under paragraph (1) through the Official Gazette, taking into consideration domestic and overseas conditions of the automobile industry,
international trends of regulation, the method and procedure for measurement, and simplification of sanctions, subject to prior
consultation with the Minister of Knowledge Economy.
Measures for Adaptation)
(1) Pursuant to Article 48 (4) of the Act, the Minister of Environment shall establish and enforce measures for adaptation to climate
change, including the following matters, for each five-year period, subject to prior consultation with the heads of appropriate central
administrative agencies:
1. Matters concerning international agreements, etc. for adaptation to climate change;
2. Matters concerning improvement of capability of monitoring, forecast, information, and utilization of climate change;
3. Matters concerning assessment of the impact of climate change and weaknesses in each sector and each region;
4. Matters concerning measures for adaptation to climate change in each sector and each region;
5. Matters concerning prevention of disasters resulting from climate change;
6. Matters concerning joint promotion of the green life campaigns under Article 58 of the
Act and measures for adaptation to climate change;
7. Other matters that the Minister of Environment considers necessary for adaptation to climate change.
(2) The head of each appropriate central administrative agency and each Mayor/Do Governor shall establish and implement a detailed
implementation plan for measures to adapt to climate change for matters under his/her jurisdiction in accordance with the measures
for adaptation to climate change under paragraph (1).
CHAPTER Ⅵ REALIZATION OF GREEN LIFE AND
SUSTAINABLE DEVELOPMENT
“A modification to a minor matter specified in Presidential Decree” in the proviso to Article
50 (2) of the Act means any of the following cases:
1. Where a matter under Article 50 (3) 1 and 4 of the Act is modified;
2. Where part of the basic plan for sustainable development is modified with the maximum of 10/100 of total financial resources required
to the extent that shall not affect essential elements of the basic plan for sustainable development.
(1) “Plans specified by Presidential Decree, such as the comprehensive national land plan and the basic urban plan” in Article
51 (1) of the Act refers to the plans listed in the Table
6 annexed hereto.
(2) The plans concerning which it is required to hear the Committee’s opinion in advance pursuant to Article 51 (3) of the Act
in establishing each plan are as follows:
1. The comprehensive national land plan under Article 9 (1) of the Framework Act on the National Land and the comprehensive Do plan
under Article 13 (1) of the aforesaid Act;
2. The five-year regional development plan under Article 4 (1) of the Special Act on
Balanced National Development;
3. The Seoul Metropolitan Area Readjustment Plan under Article 4 (1) of the Seoul
Metropolitan Area Readjustment Planning Act;
4. Other plans that the Committee Chairperson considers necessary, subject deliberation by the Committee.
1. The current status of greenhouse gases emitted from each transportation means, such as automobiles, trains, aircraft, and ships,
and the energy consumption rate of such
transportation means;
2. The current status of greenhouse gases emitted from each type of energy;
3. Targets of the reduction of greenhouse gases, energy saving, and the efficiency in the use of energy for each five-year period
and the performance plan therefor;
4. Annual targets of the reduction of greenhouse gases, energy saving, and the efficiency in the use of energy and the performance
plan therefor.
(1) “Buildings that meet or excel the standards prescribed by Presidential Decree” in Article
54 (2) of the Act refers to buildings under Article 91 (2) of the Enforcement Decree of the Building Act.
(2) Pursuant to Article 54 (2) of the Act, the Minister of Land, Transport and Maritime Affairs shall establish an implementation
plan in order to establish and manage the quantity of energy consumed in building under paragraph (1) and the target of reduction
of greenhouse gases and may, if necessary, establish detailed standards for the consumption of energy and the reduction of green
gases.
(1) “Public institutions and educational institutions specified by Presidential Decree” in
Article 54 (6) of the Act refers to the following institutions:
1. Public institutions under Article 4 of the Act on the Management of Public Institutions;
2. Local government-invested public corporations under Article 49 of the Local Public Enterprises Act and local government public
corporations under Article 76 of the aforesaid Act;
3. Research institutes under Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutions
and research groups under Article 18 of the aforesaid Act;
4. Research institutes under Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Science and
Technology Research Institutions and research groups under Article 18 of the aforesaid Act;
5. Local government-invested research institutes under Article 4 of the Act on the
Establishment and Operation of Local Government-Invested Research Institutes;
6. Hospitals under the Act on the Establishment of National University-Affiliated Hospitals, the Act on the Establishment of National
University-Affiliated Dental Hospitals, the Establishment of Seoul National University Hospital Act, and the
Establishment of Seoul National Dental Hospital Act;
7. National universities and public universities under Article 3 of the Higher Education
Act.
(2)“A new city development project or an urban redevelopment project in a scale not smaller than the scale specified by Presidential
Decree” in Article 54 (7) of the Act refers to any of the following projects:
1. A housing site development project executed in an area of not less than 3.3 million square meters pursuant to the Housing Site
Development Promotion Act;
2. The Multifunctional Administrative City Construction Project executed pursuant to the Special Act on the Construction of Multifunctional
Administrative City in Yeongi- Gongju Area for Follow-up Measures for New Administrative Capital;
3. An enterprise city development project executed pursuant to the Special Act on the
Development of Enterprise Cities;
4. An innovation city development project executed pursuant to the Special Act on the Construction and Support of Innovation Cities
Following Relocation of Public Agencies;
5. Other urban development project in an area of not less than one million square meters. (3) The Government may provide financial
support, abate or exempt taxes, or provide
support otherwise in any of the following cases in order to expand green buildings pursuant to Article 54 (8) of the Act:
1. A building certified as an environment-friendly building pursuant to Article 65 of the
Building Act;
2. A building with its total sum of energy performance indicators calculated according to the standards for the efficient energy management
in buildings, publicly notified by the Minister of Land, Transport and Maritime Affairs pursuant to Article 66 (2) of the Building
Act, amounting to not less than 80 points or with its building energy efficiency grade certified pursuant to Article 66-2 of the
aforesaid Act;
3. Where the Minister of Land, Transport and Maritime Affairs considers it necessary to provide support to improve the energy efficiency
of any building that has been used for five years since its use was approved pursuant to Article 22 of the Building Act;
4. Where the Minister of Land, Transport and Maritime Affairs considers it necessary to provide financial support or abate or exempt
taxes in order to expand green buildings on any other ground.
CHAPTER Ⅶ PENAL PROVISIONS
(1) Fines for negligence under Article 64 (1) of the Act shall be imposed and collected by the agency responsible for each sector,
subject to prior consultation with the Minister of Environment.
(2) The guidelines for the imposition of fines for negligence under paragraph (1) are as prescribed in Table 7 annexed hereto.
(3) The agency responsible for each sector may aggravate or mitigate a fine for negligence by not more than one-half of the amount
of the fine for negligence in Table 7 annexed hereto, taking into consideration the degree, motive, and consequences of the offense:
Provided, That the amount as aggravated shall not exceed the maximum amount of the fine for negligence in Article 64 (1) of the Act.
ADDENDA
This Decree shall enter into force on April 14, 2010; Provided, That the amended provisions of Articles 17-2, 17-3, and 17-4 of the Enforcement Decree on the Promotion of the Conversion into Environment-Friendly Industrial Structure from among the amended provisions of Article 3 (2) of the Addenda shall enter into force on July 14, 2011.
Five-year plans and central and regional implementation plans already established when this Decree enters into force shall be deemed five-year plans under Article 4, central implementation plans under Article 5, and regional implementation plans under Article 7, respectively.
Hydro fluoro carbons (HFCs) and perfluorocarbons (PFCs) (Related to Article 2)
1. Hydro fluoro carbon (HFCs) | HFC-23, HFC-32, HFC-41, HFC-43-10mee, HFC-125, HFC-134, HFC-134a, HFC-143, HFC-143a, HFC-152a, HFC-227ea, HFC-236fa, HFC-245ca |
2. Perfluorocarbon (PFCs) | PFC-14, PFC-116, PFC-218, PFC-31-10, PFC-c318, PFC-41-12, PFC-51-14 |
Standards for Greenhouse Gases Emitted from Designated Controlled Entities (Related to
Article 29 (1) 1)
1. Standard applicable until December 31, 2011: Not less than 125 kilotonnes CO2-eq
2. Standard applicable on and after January 1, 2012: Not less than 87.5 kilotonnes CO2-eq
3. Standard applicable on and after January 1, 2014: Not less than 50 kilotonnes CO2-eq
Standards for Energy Consumption of Designated Controlled Entities (Related to Article 29 (1) 1)
1. Standard applicable until December 31, 2011: Not less than 500 terajoules
2. Standard applicable on and after January 1, 2012: Not less than 350 terajoules
3. Standard applicable on and after January 1, 2014: Not less than 200 terajoules
Standards for Greenhouse Gases Emitted from Designated Places of Business of Controlled
Entities (Related to Article 29 (1) 2)
1. Standard applicable until December 31, 2011: Not less than 25 kilotonnes CO2-eq
2. Standard applicable on and after January 1, 2012: Not less than 20 kilotonnes CO2-eq
3. Standard applicable on and after January 1, 2014: Not less than 15 kliotonnes CO2-eq
Standards for Energy Consumption of Designated Places of Business of Controlled Entities
(Related to Article 29 (1) 2)
1. Standard applicable until December 31, 2011: Not less than 100 terajoules
2. Standard applicable on and after January 1, 2012: Not less than 90 terajoules
3. Standard applicable on and after January 1, 2014: Not less than 80 terajoules
Plans Related to Green Homeland (Related to Article 40 (1)) <Amended by Presidential
Decree No. 22449, Oct. 14, 2010>
1. The basic plan for support of biotechnology under Article 4 (2) of the Biotechnology
Support Act;
2. The comprehensive plan for promotion of atomic energy under Article 8-2 (1) of the
Atomic Energy Act;
3. The basic plan for the development and promotion of fusion energy under Article 4 (1)
of the Fusion Energy Development Promotion Act;
4. The basic plan for the control of radioactive waste under Article 6 (1) of the Radioactive
Waste Control Act;
5. The long-term plan for the promotion of tourism under Article 3 (1) of the Framework
Act on Tourism;
6. The basic plan for the development of tourism under Article 49 (1) of the Tourism
Promotion Act;
7. The comprehensive plan for the rearrangement of agricultural and fishing villages under Article 4 (1) of the Rearrangement of Agricultural
and Fishing Villages Act and the plan for the rationalization of use of water in agricultural and fishing villages under Article
15 (1) of the aforesaid Act;
8. The plan for the development of agriculture and fisheries, rural Communities, and food industry under Article 14 (1) of the Framework
Act on Agriculture and Fisheries, Rural Community and Food Industry;
9. The basic plan for works against land erosion or collapse under Article 3-2 (1) of the
Work against Land Erosion or Collapse Act;
10. The basic forestry plan Under Article 11 (1) of the Framework Act on Forestry;
11. The plan for fostering environment-friendly agriculture under Article 6 (1) of the
Environment-Friendly Agriculture Fosterage Act;
12. The plans under Article 4 (2) 9 and 10 of the Special Act on Balanced National Development, among five-year regional development
plans under Article 4 (1) of the aforesaid Act;
13. Comprehensive measures for sustainable management under Article 19 (1) of the
Industrial Development Act;
14. The basic plan for the development of industrial clusters under Article 3 (1) of the
Industrial Cluster Development and Factory Establishment Act;
15. The basic plan for the promotion of development, use, and diffusion of technology for new and renewable energy under Article 5
(1) of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy;
16. The basic plan for the rationalization of energy use under Article 4 (1) of the Energy Use
Rationalization Act;
17. The basic plan for the supply of electricity under Article 25 (1) of the Electric Utility
Act;
18. Comprehensive measures under Article 3 (1) of the Act on the Promotion of the
Conversion into Environment-Friendly Industrial Structure;
19. The comprehensive plan for the improvement of air quality under Article 11 (1) of the Clean Air Conservation Act and comprehensive
measures for the prevention of damage by the yellow dust under Article 13 (1) of the aforesaid Act;
20. The basic plan for the preservation of specific islands under Article 5 (1) of the Special
Act on the Preservation of the Ecosystem in Island Areas including Dokdo;
21. The basic plan for the protection of Baekdu-Jiri Grand Mountain Ranges under Article 4 (2) of the Act on the Protection of Baekdu-Jiri
Grand Mountain Ranges;
22. The basic plan for the management of air quality in Seoul Metropolitan area under Article 8 (1) of the Special Act on the Improvement
of Air Quality in Seoul Metropolitan Area;
23. The basic plan for the improvement of waterworks under Article 4 (1) of the Water Supply and Waterworks Installation Act and
the comprehensive nationwide waterworks plan under Article 5 (1) of the aforesaid Act;
24. The basic plan for the conservation of water quality and ecosystem in each greater region under Article 24 (1) of the Water Quality
and Ecosystem Conservation Act;
25. The basic plan for the conservation of wetlands under Article 5 (1) of the Wetlands
Conservation Act;
26. The basic plan for the protection of wild fauna and flora under Article 5 (1) of the
Protection of Wild Fauna and Flora Act;
27. The basic plan for the control of toxic chemicals under Article 6 (1) of the Toxic
Chemicals Control Act;
28. The basic plan for parks under Article 11 (1) of the Natural Parks Act;
29. The basic plan for the conservation of natural environment under Article 8 (1) of the
Natural Environment Conservation Act;
30. The basic plan for the cycling of resources under Article 7 (1) of the Act on the
Promotion of Saving and Recycling of Resources;
31. The basic plan for the encouragement of purchase of environment-friendly products under Article 4 (1) of the Act on the Encouragement
of Purchase of Environment- Friendly Products;
32. The comprehensive plans for the nationwide waste management under Article 10 (1) of the Wastes Control Act;
33. The basic plan for the soil conservation under Article 4 (1) of the Soil Environment
Conservation Act;
34. The comprehensive plan for national environment under Article 12 (1) of the Framework Act on Environmental Policy and the comprehensive
medium-term plan for environment conservation under Article 14-2 (1) of the aforesaid Act;
35. The comprehensive plan for the development of environmental technology under Article
3 (1) of the Development of and Support for Environmental Technology Act;
36. The basic plan for the supply of aggregate under Article 5 (1) of the Aggregate
Extraction Act;
37. The basic plan for the national traffic safety under Article 15 (1) of the Traffic Safety
Act;
38. The plan for the national main transport networks under Article 4 (1) of the National
Transport System Efficiency Act;
39. The comprehensive national land plan under Article 9 (1) of the Framework Act on the
National Land;
40. The greater-regional urban plan under Article 11 (1) of the National Land Planning and
Utilization Act and the basic urban plan under Article 18 (1) of the aforesaid Act;
41. The basic plan for metropolitan transport systems in metropolitan areas under Article 3 (1) of the Special Act on the Management
of Metropolitan Transport in Metropolitan Areas;
42. The long-term plan for the construction of dams under Article 4 (1) of the Act on
Construction of Dams and Assistance, etc. to their Environs;
43. The basic plan for the improvement of roads under Article 22 (1) of the Road Act;
44. The plan for the readjustment of the Seoul Metropolitan Area under Article 4 (1) of the
Seoul Metropolitan Area Readjustment Planning Act;
45. The comprehensive housing plan under Article 7 (1) of the Housing Act;
46. The greater-regional development project plans under Article 5 (1) and (2) of the Balanced Regional Development and Support for
Local Small and Medium Enterprises Act;
47. The basic plan for groundwater management under Article 6 (1) of the Groundwater Act;
48. The national railroad network construction plan under Article 4 (1) of the Railroad
Construction Act;
49. The comprehensive long-term plan for water resources under Article 23 (1) of the River Act and the comprehensive water management
plan for basins under Article 24 (1) of the aforesaid Act;
50. The basic plan for the reclamation of public waters under Article 22 (1) of the Public
Waters Management and Reclamation Act;
51. The basic plan for the management of fishing grounds under Article 3 (1) of the Fishing
Ground Management Act;
52. The consolidated coast management plan under Article 6 (1) of the Coast Management Act and the basic plan for the rearrangement
of coasts under Article 21 (1) of the aforesaid Act;
53. The basic plan for harbors and ports under Article 5 (1) of the Harbor Act;
54. The basic plan for the conservation and management of marine ecosystems under Article
9 (1) of the Conservation and Management of Marine Ecosystems Act;
55. The basic plan for the development of marine fisheries under Article 6 (1) of the
Framework Act on Marine Fishery Development;
56. The comprehensive plan for the management of marine environment under Article 14 (1)
of the Marine Environment Management Act;
57. The basic plan for the sustainable development of national transport and logistics systems under Article 7 (1) of the Sustainable
Transportation Logistics Development Act;
58. The basic plan for the rearrangement of urban and residential environments under Article
3 (1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling
Conditions for Residents;
59. Other major medium- and long-term administrative plans selected by the Committee
Chairperson, subject to the resolution of the Committee.
Guidelines for Imposition of Fines for Negligence (Related to Article 44 (2))
Offense | Applicable provisions | Amount of fine for negligence |
1. Where a controlled entity fails to make a report under Article 42 (6) of the Act or makes a false report: (a) If not more than one month has passed: (b) If more than one month, but not more than three months have passed: (c) If more than three months have passed: (d) If a false report is made: | Article 64 (1) 1 of the Act | 3 million won 5 million won 7 million won 10 million won |
2. Where a controlled entity fails to make a report under Article 42 (9) of the Act or makes a false report: (a) If not more than one month has passed: (b) If more than one month, but not more than three months have passed: (c) If more than three months have passed: (d) If a false report is made: | Article 64 (1) 1 of the Act | 3 million won 5 million won 7 million won 10 million won |
3. Where a controlled entity fails to make a report under Article 44 (1) of the Act or makes a false report: (a) If not more than one month has passed: (b) If more than one month, but not more than three months have passed: (c) If more than three months have passed: (d) If a false report is made: | Article 64 (1) 1 of the Act | 3 million won 5 million won 7 million won 10 million won |
4. Where a controlled entity fails to perform an order of improvement under Article 42 (8) of the Act: (a) First offense: (b) Second offense; (c) Third or further offense: | Article 64 (1) 2 of the Act | 3 million won 6 million won 10 million won |
Offense | Applicable provisions | Amount of fine for negligence |
5. Where a controlled entity fails to make a disclosure under Article 42 (9) of the Act: | Article 64 (1) 3 of the Act | 10 million won |
6. Where a controlled entity fails to perform an order of correction or supplementation under Article 44 (2) of the Act: (a) First offense: (b) Second offense; (c) Third or further offense: | Article 64 (1) 4 of the Act | 3 million won 6 million won 10 million won |
※ Note: Guidelines for the imposition of fines for negligence, depending upon the frequency of offenses, shall be applicable to cases where fines for negligence have been imposed for identical offenses during the latest one year.
ADDENDA <Presidential Decree No. 22449, Oct. 14, 2010>
This Article shall enter into force on October 16, 2010.
ADDENDA <Presidential Decree No. 22977, Jun. 24, 2011>
This Article shall enter into force on the date of its promulgation.
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