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Laws of the Republic of Korea |
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea 130
INDOOR AIR QUALITY CONTROL IN PUBLIC USE FACILITIES, ETC. ACT
Act No. 6911, May 29, 2003
Amended by Act No. 7562, May 31, 2005
Act No. 8011, Sep. 27, 2006
Act No. 8038, Oct. 4, 2006
Act No. 8155, Dec. 30, 2006
Act No. 8654, Oct. 17, 2007
Article 1 (Purpose)
The purpose of this Act is to protect health of the people using the following facilities and to prevent environmental hazards, by adequately maintaining and controlling the indoor air quality of the public use facilities and the newly-built collective housing. Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows:
1. The term "public use facilities" means the facilities used by many unspecified persons;
2. The term "collective housing" means the collective housing under the provisions of
Article 2 (2) 2 of the Building Act;
3. The term "pollutants" means gases and floating matters in the form of particles, etc.,
which cause air pollution in the indoor
spaces, and are prescribed by the Ordinance
of the Ministry of Environment;
4. The term "ventilation equipment" means equipments which let out the polluted indoor
air, and let in fresh outdoor air, and maintain
the air of indoor space in the comfortable
status; and
5. The term "equipment for purifying air" means equipments which eliminate or reduce the
pollutants of indoor space, and have been
installed either within the ventilation equipment
or separately from the said equipment.
Article 3 (Objects of Application)
(1) The public use facilities, which shall be governed by this Act, mean those of a size
as prescribed by the Presidential Decree
from among the facilities falling under each of
the following subparagraphs:
1. Subway stations (including passages for entrance, waiting rooms, station platforms and passages
for transfer, and facilities attached
thereto);
2. Underground road shopping districts (including the facilities of underground floor attached to
a building on the ground);
3. Waiting rooms in the passenger terminals under the Passenger Transport Service Act;
4. Passenger terminals from among airport facilities under the Aviation Act;
5. Waiting rooms from among harbor facilities under the Harbor Act;
6. Libraries under the Libraries and Reading Promotion Act;
7. Museums and art galleries under the Museum and Art Gallery Support Act;
8. Medical institutions under the Medical Service Act;
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8. Indoor Air Quality Control in Public Use Facilities, etc. Act
131
9. Indoor parking lots;
10. Waiting rooms in the railway stations;
10-2. National and public nurseries, corporation nurseries, workplace nurseries and private
nurseries
under Article 10 of the Infant Care Act; and
11. Other facilities as prescribed by the Presidential Decree.
(2) Collective housing subject to application of this Act shall be
those falling under each of the following
subparagraphs, and those newly built above the size as prescribed by the Presidential
Decree:
1. Apartment houses;
2. Tenement houses; and
3. Boarding houses.
Article 4 Deleted.
(3) When it is deemed necessary by taking account of the peculiarities of local environments, the
Special Metropolitan City, Metropolitan
City or Do (hereinafter referred to as the "City/Do") may
lay down the standards for maintenance of air quality to be applied to
the relevant City/ Do by the
Municipal Ordinance of the said City/Do in a way stricter than the standards for maintenance of
air
quality as referred to in paragraph (1).
(4) When the standards for maintenance of air quality as referred to in paragraph (3) are laid down
or altered, the Special Metropolitan
City Mayor, Metropolitan City Mayor or Do governor (hereinafter
referred to as the "Mayor/Do governor") shall promptly file a report
thereon with the Minister of
Environment.
Article 6 (Standards for Recommendation of Indoor Air Quality)
The Mayor/Do governor may make a recommendation to the owners, etc.
of public use facilities so
as to have them manage the facilities by satisfying the standards for recommendation as set by the
Ordinance of the Ministry of Environment for maintaining a comfortable air quality, separately from
the standards for maintenance
of air quality under the provisions of Article 5 (1) in accordance with
the peculiarity of the public use facilities.
(2) The Minister of Environment may collect the expenses for education under the provisions of paragraph
(1) from persons subject
to the education, under the conditions as set by the Ordinance of the Ministry
of Environment.
(3) The Minister of Environment may entrust the education under the provisions of paragraph (1)
to the head of specialized institution
concerned under the conditions as prescribed by the Presidential
Decree.
Article 8 Deleted.
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
132
(1) Work executors of newly-built collective housing shall measure the indoor air quality of collective
housing whose construction
has been completed, and submit the results of said measurement to the
head of Si/Gun/Gu (referring to the head of autonomous Gu;
hereinafter the same shall apply), and
make a publication thereof at the place of easy sights by the occupants, before commencing
their
occupation.
(2) Matters necessary for the items and methods of measurement of indoor air quality and the submission
of measurement results and
publication period and places, etc. under the provisions of paragraph (1)
shall be prescribed by the Ordinance of the Ministry of
Environment.
(3) Criteria for recommending the indoor air quality for maintaining the comfortable air quality of newly-built
collective
housing shall be provided by the Ordinance of the Ministry of Environment.
Article 10 (Improvement Order)
In case where the public use facilities are not managed in conformity with the standards for maintaining
the comfortable air quality
provided for in Article 5, the Mayor/Do governor may order the owner,
etc. of the relevant public use facilities to take measures
necessary to improve or replace air cleaners
or ventilation equipment in the public use facilities (hereinafter referred to as the
"improvement order")
for a fixed period under the conditions as prescribed by the Ordinance of the Ministry of Environment.
[This
Article Wholly Amended by Act No. 8155, Dec. 30, 2006]
Article 11 (Restriction on Use of Construction Materials Generating Pollutants)
(1) The Minister of Environment may determine the construction materials which generate a lot of
pollutants as prescribed by the
Ordinance of the Ministry of Environment (hereinafter referred to as
the "construction materials generating pollutants") in consultation
with the heads of related central
administrative agencies, and make a publication thereof under the conditions as prescribed by
the Ordinance
of the Ministry of Environment.
(2) Persons who establish the public use facilities (including the improvement and repairs of existing
facilities) shall not use
the construction materials generating pollutants which have been publicly announced
by the Minister of Environment in accordance
with paragraph (1).
Article 12 (Measurement of Indoor Air Quality)
(1) Owners, etc. of the public use facilities shall either measure the indoor air quality by themselves
or have the persons as prescribed
by the Ordinance of the Ministry of Environment measure it, and
shall record and preserve the relevant results.
(2) The pollutants subject to measurement of indoor air quality, the frequency of measurements under
paragraph (1), and other matters
necessary for a measurement of indoor air quality shall be prescribed
by the Ordinance of the Ministry of Environment.
Article 13 (Report and Inspection, etc.)
(1) When the Mayor/Do governor or the head of Si/Gun/Gu deems it necessary for the control of
indoor air quality, he may have the
owners etc. of the public use facilities or the work executors
of newly-built collective housing file the necessary reports or submit
the data, and may have the
related public officials gain access to the relevant public use facilities or the newly-built collective
housing
and gather the pollutants, or inspect the related documents and facilities or equipments etc.
(2) When the Mayor/Do governor
or the head of Si/Gun/Gu has gathered the pollutants under the
provisions of paragraph (1), he shall entrust inspection agencies
as referred to in the Ordinance of
the Ministry of Environment with the inspection of polluted levels: Provided, That the same shall
not apply to the case where the results of inspection may be judged on the spot.
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8. Indoor Air Quality Control in Public Use Facilities, etc. Act
133
(3) Public officials who gain access thereto or perform investigations under paragraph (1) shall carry
a voucher indicating their
authority and present it to the interested parties.
Article 14 (Penal Provisions)
(1) Any person who fails to execute the improvement orders under the provisions of Article 10 shall
be punished by imprisonment
with prison labor for not more than one year or by a fine not exceeding
10 million won.
(2) Any person who has committed any acts of refusal, obstruction or avoidance of the access, inspection
or gathering of pollutants
by the related public officials under the provisions of Article 13 (1) shall
be punished by a fine not exceeding two million won.
Article 15 (Joint Penal Provisions)
If the representative of a corporation, or an agent, an employee or any other employed person of a
corporation or an individual
has committed an act in violation of Article 14 in connection with the
affairs of said corporation or individual, not only shall
such an actor be punished accordingly, but
the corporation or individual shall be punished by a fine as prescribed in the same Article.
Article 16 (Fine for Negligence)
(1) Any person who falls under any of the following subparagraphs shall be punished by a fine
for negligence not exceeding 10 million
won:
1. Person who has failed to comply with the standards for maintenance of air quality in contravention
of provisions of Article 5;
and
2. Person who has used the construction materials generating pollutants in contravention of provisions
of Article 11 (2).
(2) Any person who falls under any of the following subparagraphs shall be punished by a fine for
negligence not exceeding five
million won:
1. Person who has failed to undergo the education concerning the control of indoor air quality in
contravention of provisions of
Article 7;
2. Person who has failed to submit and publicize the results of measurement of indoor air quality
of the newly-built collective housing
in contravention of provisions of Article 9, or has submitted
and publicized in falsity;
3. Person who has failed to measure the indoor air quality in contravention of provisions of Article
12 (1), or failed to record
and preserve the results of measurement, or recorded and preserved
in falsity; and
4. Person who has failed to make a report or to submit the data under the provisions of Article
13 (1), or made a report or a data
submission in falsity.
(3) Fine for negligence under the provisions of paragraphs (1) and (2) shall be imposed and collected
by
the Mayor/Do governor or the head of Si/Gun/Gu (hereinafter referred to as the "imposing authority")
under the conditions as prescribed
by the Presidential Decree.
(4) Any person who is dissatisfied with a disposition of the fine for negligence as referred to in paragraph
(3) may appeal to the imposing authority within 30 days from the date of receiving a notice of the
said disposition.
(5) When any person subjected to a disposition of the fine for negligence under paragraph (3) raises
an objection under paragraph
(4), the imposing authority shall promptly notify the competent court
thereof, and the court in receipt of said notice shall bring
the case to a trial for the fine for negligence
under the Non-Contentious Case Litigation Procedure Act.
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
134
ADDENDA
(1) (Enforcement Date) This Act shall enter into force one year after the date of its promulgation.
(2) (Transitional Measures on
Existing Public Use Facilities) The owners etc. of the public use facilities
at the time of enforcement of this Act shall be deemed
to have installed the air cleaners and ventilation
equipments under the amended provisions of Article 8: Provided, That the Mayor/Do
governor may
issue the improvement order under the provisions of Article 10 to the public use facilities managed not
to meet the
maintenance standards for air quality under the provisions of Article 5 to install the air cleaners
and ventilation equipments under
the provisions of Article 8.
(4) (Transitional Measures on Fine for Negligence) Previous provisions shall govern any imposition of
fine for negligence on the
offenses committed prior to the enforcement of this Act.
(5) (Amendment of Other Acts) Omitted.
(6) (Relations with Other Acts and Subordinate Statutes) In case where the previous Air Quality Control
in Underground Locations
Act or its provisions are quoted in other Acts and subordinate statutes at
the time of enforcement of this Act, if there exist any
corresponding provisions in this Act, this Act
or the corresponding provisions in this Act shall be deemed to have been quoted in
lieu of the previous
provisions.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on January 1, 2006.
(2) (Application Example to Control of Indoor Air Quality
of Boarding House) In applying the provisions
of Article 9 (1) and (2) and the amended provisions of paragraph (3) of the same Article,
the amended
provisions of Article 3 (2) 3 shall apply starting from the boarding house applying for an approval
for project plans
under Article 16 of the Housing Act or for construction permit under Article 8 of the
Building Act.
ADDENDUM
This Act shall enter into force on January 1, 2008.
ADDENDUM
Article 1 (Enforcement Date)
This Act shall come into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on January 1, 2007.
(2) (Transitional Measures concerning Penal Provisions
for Violating Improvement Order) The application
of the penal provisions to the violation of the improvement order prior to the
enforcement of this Act
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8. Indoor Air Quality Control in Public Use Facilities, etc. Act
135
[including the improvement order provided for in the proviso of paragraph (2) of the Addenda of the
Air Quality Control in Underground
Locations Act amended by Act No. 6911 (referring to the contents
of the Indoor Air Quality Control in Public Use Facilities, etc.
Act, which are partially amended by Act
No. 7562)] shall be governed by the previous provisions.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation. (Proviso omitted.)
(2) Omitted.
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