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Laws of the Republic of Korea |
Wholly Amended by Act No. 6262, Feb. 3, 2000
Amended by Act No. 6353, Jan. 16, 2001
Act No. 6590, Dec.31, 2001
Act No. 6913, May 29, 2003
Act No. 7170, Feb. 9, 2004
Act No. 7219, Sep.23, 2004
Act No. 7292, Dec.31, 2004
Act No. 7294, Dec.31, 2004
Act No. 7296, Dec.31, 2004
Act No. 7428, Mar.31, 2005
Act No. 7459, Mar.31, 2005
Act No. 7820, Dec.30, 2005
Act No. 8038, Oct. 4, 2006
Act No. 8216, Jan. 3, 2007
Act No. 8369, Apr.11, 2007
Act No. 8371, Apr.11, 2007
Act No. 8404, Apr.27, 2007
Act No. 8466, May 17, 2007
Act No. 8852, Feb.29, 2008
Act No. 8957, Mar.21, 2008
Act No. 9335, Jan. 7, 2009
Act No. 9433, Feb. 6, 2009
Act No. 9685, May 21, 2009
Act No. 9770, Jun. 9, 2009
Act No. 9931, Jan. 13, 2010
Act No.10250, Apr.12, 2010
Act No.10550, Apr. 5, 2011
Act No.10615, Apr.28, 2011
The purpose of this Act is to promote the development, support, and dissemination of environmental technologies and foster the environmental
industry, thereby contributing to environmental conservation, green growth and the sustainable development of the national economy.
<Amended by Act No. 9931, Jan. 13, 2010>
[This Article Wholly Amended by Act No. 8957, Mar. 21, 2008]
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 10615, Apr. 28, 2011>
1. The termenvironmental technologiesmeans each of the following technologies for
improving the self-purification capacity of the environment and controlling or removing factors causing environmental damage to humans
and nature, which are necessary for environmental conservation and control, such as prior prevention or reduction of environmental
pollution or restoration of the polluted or damaged environment, etc.:
(a) Technologies for reduction and treatment of the following substances, etc. (hereinafter referred to asenvironmental pollutants ) and technologies for prevention of noise and vibration:
(ⅰ) Air pollutants under subparagraph 1 of Article 2 of the Clean Air Conservation
Act;
(ⅱ) Malodor under subparagraph 1 of Article 2 of the Malodor Prevention Act;
(ⅲ) Pollutants under subparagraph 3 of Article 2 of the Indoor Air Quality Control in
Publicly Used Facilities, etc. Act;
(ⅳ) Water pollutants under subparagraph 7 of Article 2 of the Water Quality and
Ecosystem Conservation Act;
(ⅴ) Soil pollutants and wastes under subparagraph 2 of Article 2 of the Soil
Environment Conservation Act;
(b) Technologies for prior prevention and reduction of environmental pollution, technologies for development of products controlling
causes for pollution, and technologies for recycling and recovery;
(c) Technologies for conservation, restoration, and improvement of the natural environment, technologies for assessment of environmental
harm and its control, and technologies for evaluation of environmental effects;
(d) Technologies for measurement and analysis of environmental pollutants, noise, vibration or environmental conditions;
(e) Technologies for water purification and prevention of pollution of water supply;
(f) Technologies applying or utilizing the technologies under items (a) through (e) (hereinafter referred to commercialization );
2. The termenvironmental facilitiesmeans facilities, machinery, apparatus and other
objects for prior prevention or reduction of harm or damage caused to the natural environment and living environment by environmental
pollutants, etc., or appropriate disposal of environmental pollutants, or recycling of wastes, as prescribed by Ordinance
of the Ministry of Environment;
3. The termenvironmental industry means industry designing, manufacturing or installing environmental facilities or measuring apparatus under
Article 9 of the Environmental Examination and Inspection Act or providing services concerning environmental technologies for environmental
conservation and control, which falls under any of the following categories:
(a) Industry providing facilities, materials or services necessary for activities for conservation of the environment, such as measuring,
preventing, minimizing, restoring, etc. from environmental damage, etc. relating to air. water quality, noise and vibration, ecosystem,
etc.;
(b) Other industries providing facilities, materials or services necessary for the conservation and management of environment, which
are prescribed by Presidential Decree;
4. The term "specialized environmental construction" means design and construction works of following facilities:
(a) Air pollution preventive facilities under subparagraph 12 of Article 2 of the Clean Air
Conservation Act;
(b) Noise and vibration preventive facilities under subparagraph 4 of Article 2 of the
Noise and Vibration Control Act;
(c) Water pollution prevention facilities under subparagraph 12 of Article 2 of the Water
Quality and Ecosystem Conservation Act.
[This Article Wholly Amended by Act No. 8957, Mar. 21, 2008]
Environmental Industry)
(1) The Minister of Environment shall compile plans for development of environmental technologies of the relevant central administrative
agencies and formulate a plan for the development of environmental technologies and promotion of environmental industry (hereinafter
referred to aspromotion plan ) every five years following the deliberation thereon by the National Science and Technology Council under Article
9 of the Framework Act on Science and Technology (hereafter in this Article referred to as the National Science and Technology Council
). <Amended by Act No. 10615, Apr. 28,
2011>
(2) A promotion plan shall include the following: <Amended by Act No. 10615, Apr. 28,
2011>
1. Present status and long-term prospects of the level of environmental control based on the long-term comprehensive plan for environmental
conservation at the national level under Article 12 of the Framework Act on Environmental Policy;
2. Domestic and overseas trend of and development outlook for environmental technologies and environmental industry;
3. Matters concerning the objectives of the promotion of environmental technologies and environmental industry, basic direction for
policies, and promotion policies by sector;
4. Annual investment and promotion plans for environmental technologies and environmental industry;
5. International cooperation on environmental technologies and environmental industry, and advancement into the foreign market;
6. Support for research of environmental technologies and environmental industry for schools, academic organizations, research institutions,
etc.;
7. Promotion of the dissemination and commercialization of environmental technologies;
8. Other matters necessary for the promotion of environmental technologies and environmental industry.
9. Deleted. <by Act No. 10615, Apr. 28, 2011>
(3) In order to formulate promotion plans, the Minister of Environment may request the heads of relevant central administrative agencies
to submit necessary data, as prescribed by Presidential Decree. <Amended by Act No. 10615, Apr. 28, 2011>
(4) Promotion plans shall be formulated in a way to promote joint research by industry, academia and institutes as well as international
collaboration in environmental technologies and environmental industry. <Amended by Act No. 10615, Apr. 28, 2011>
(5) After receiving the results of implementation of promotion plans in the fields under each jurisdiction of the heads of relevant
central administrative agencies, the Minister of Environment shall compile and report them to the National Science and Technology
Council. <Amended by Act No. 10615, Apr. 28, 2011>
(6) Where the Minister of Environment intends to establish a promotion plan, he/she may hold a public hearing, etc. in advance and
hear the opinions of the stakeholders, experts, etc. <Newly Inserted by Act No. 10615, Apr. 28, 2011>
(7) When the Minister of Environment establishes or changes a promotion plan, he/she may make a public notification of its contents
through Internet homepage, etc. <Newly Inserted by Act No. 10615, Apr. 28, 2011>
[This Article Wholly Amended by Act No. 8957, Mar. 21, 2008]
(1) In order to ensure environmental conservation and the sustainable development of the national economy, the Government may authorize
any of the following institutions, organizations, or business operators (hereafter in this Article referred to asresearch institutions, etc. to carry out environmental technology development projects (hereinafter referred to development projects ), as prescribed by Presidential Decree:
<Amended by Act No. 10615, Apr. 28, 2011>
1. National research institutions and public research institutions;
2. Research institutions governed by the Support of Specific Research Institutes Act;
3. Government-funded research institutions established under the Act on the Establishment, Operation and Fostering of Government-Funded
Research Institutions or government-funded research institutions of science and technology established under the Act on the Establishment,
Operation and Fostering of Government-Funded Science and technology Research Institutions;
4. Schools under Article 2 of the Higher Education Act;
5. Adjunct laboratories to enterprises meeting the standards prescribed by Presidential
Decree;
6. Industrial technology research cooperatives under the Act on the Support of the
Industrial Technology Research Cooperatives;
7. Green environment support centers under Article 10;
8. Business operators working for the environmental industry (hereinafter referred to as environmental industrial enterprises );
9. Foreign research institutions meeting the standards prescribed by Presidential Decree: Provided, That they shall be limited to
those conducting joint research and development projects with domestic institutions, organizations or business operators;
10. Other institutions, organizations or business operators prescribed by Presidential
Decree.
(2) Any expense to be incurred in relation to development projects shall be covered by contributions from the Government or contributions
from persons, other than the Government and other research and development expenses of enterprises.
(3) The Government may disburse contributions to research institutions, etc. carrying out development projects under paragraph (1)
for the promotion of development projects.
(4) The head of a research institution, etc. carrying out a development project with the
contributions under paragraph (3) may collect royalties by concluding a technology license agreement with a person who intends to
use, transfer, lend or export the findings of research and development after completion of the development project.
(5) Royalties collected under paragraph (4) shall be used for the purposes prescribed by Presidential Decree, such as development
projects, etc., and the amount of money equivalent to a certain ratio shall be paid to the Korea Environmental Industry and Technology
Institute under Article 5-2, as prescribed by Presidential Decree. <Amended by Act No. 9335, Jan. 7, 2009>
(6) Necessary matters concerning the disbursement, use and management of the contributions under paragraph (3), and the collection
and use, etc. of royalties under paragraphs (4) and (5) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8957, Mar. 21, 2008]
(1) In order to effectively support the development of environmental technologies and purchase of green products under subparagraph
5 of Article 2 of the Framework Act on Low Carbon, Green Growth (hereinafter referred to asgreen products ) and foster the environmental industry, there shall be established a Korea Environmental Industry and Technology
Institute. <Amended by Act No. 9335, Jan. 7, 2009; Act No. 9931, Jan. 13,
2010>
(2) The Korea Environmental Industry and Technology Institute shall be incorporated as a corporation. <Amended by Act No. 9335,
Jan. 7, 2009>
(3) The Korea Environmental Industry and Technology Institute shall be established by registration of its incorporation at the seat
of its main office. <Amended by Act No.
9335, Jan. 7, 2009>
(4) The Korea Environmental Industry and Technology Institute shall carry out the following business affairs: <Amended by Act No.
9335, Jan. 7, 2009; Act No. 9931, Jan. 13, 2010; Act No. 10550, Apr. 5, 2011>
1. Planning, evaluation and management of development projects;
2. Diffusion of environmental technologies developed and promotion of their commercialization;
3. Support for the research of environmental technologies and green management;
4. Support for start-ups and the management of the environmental industry;
5. Support for the overseas expansion of the environmental industry;
6. Projects for the creation of a foundation for the environmental industry, such as the
establishment of support facilities for activating the environmental industry;
7. Training and education of human resources specializing in the environmental industry, technology and green management;
8. Development of the criteria for determination on green products;
9. Support for the promotion of production, sales and distribution of green products;
10. Collection, utilization, education and publicity of information related to the environmental industry and technology, green management,
and green products;
11. Projects commissioned by public agencies under subparagraph 2 of Article 2 of the Act on the Encouragement of Purchase of Green
Products in connection with the development and utilization of environmental technologies, fostering of the environmental industry,
green management, and the promotion of purchase of green products;
12. Other projects prescribed by Presidential Decree for achieving the purposes of establishment of the Korea Environmental Industry
and Technology Institute.
(5) The Government may contribute expenses necessary for the establishment and operation of the Korea Environmental Industry and Technology
Institute within the budgetary limits. <Amended by Act No. 9335, Jan. 7, 2009>
(6) Notwithstanding the State Property Act, the Government may lease, or allow another person to make use of and benefit from, any
state property without consideration where it is necessary for the establishment and operation of the Korea Environmental Industry
and Technology Institute. <Amended by Act No. 9335, Jan. 7, 2009>
(7) Except as provided for in this Act, the provisions concerning incorporated foundations of the Civil Act shall apply mutatis mutandis
to the Korea Environmental Industry and Technology Institute. <Amended by Act No. 9335, Jan. 7, 2009>
[This Article Wholly Amended by Act No. 8957, Mar. 21, 2008]
(1) The Government shall establish necessary policies for fostering the following business operators, etc.: Provided, That it shall
establish policies for supporting persons under subparagraph 4:
1. A business operator who develops or commercializes environmental technologies;
2. A person who specializes in investment for the development of environmental technologies;
3. A person who has obtained certification of eco-label under Article 17;
4. A person who has obtained environmental declaration of products under Article 18;
5. A business operator who develops overseas markets of the environmental industry;
6. Environmental industrial enterprises.
(2) The Government may carry out the following projects for promoting the commercialization of environmental technologies
that have already been developed:
1. Development of specialized institutions supporting the practical use of environmental technologies;
2. Projects for commercializing patented technologies;
3. Support of human resources, facilities, information, etc. necessary for the commercialization of environmental technologies,
and technical guidance;
4. Projects for supporting the establishment of local offices in foreign countries for developing overseas markets of the environmental
industry;
5. Other projects for promoting the commercialization of environmental technologies, as prescribed by Presidential Decree.
(3) A person who operates any of the following financial resources (hereinafter referred to as operator of financial resources )
may render necessary financial support out of such financial resources to persons falling under paragraph (1): <Amended by Act
No. 9685, May 21, 2009>
1. Special accounts for environmental improvement under the Act on Special Accounts for Environmental Improvement;
2. Funds for the promotion of small and medium enterprises and industrial foundation under the Small and Medium Enterprises Promotion
Act;
3. Funds for the promotion of science and technology under the Framework Act on
Science and Technology.
[This Article Wholly Amended by Act No. 8957, Mar. 21, 2008]
(1) When an application for the new technology certification of any of the following technologies is filed, the Minister of Environment
may award a new technology certification if such technology has been certified as having novelty and excellence compared with the
existing technology (hereinafter referred to as "new technology"):
1. Technologies regarding the method of construction in the environmental field which have initially been developed in the country
and technologies related thereto;
2. New technologies in the method of construction in the environmental field following the improvement of introduced technologies
and technologies related thereto.
(2) When an application for the new technology certification of any of the following
technologies is filed with the Minister of Environment, a technology verification may be conducted if performance of such technology
has been verified through evaluations in the field, etc. (hereinafter referred to verified technology );
1. New technology awarded a new technology certification pursuant to paragraph (1);
2. A technology for which an application for a technology verification is filed for the judgement on success or failure of the technology
which is applied in the environmental facilities installed in the agencies referred to in each subparagraph of Article 7-2 (3).
(3) The Minister of Environment shall issue a certificate of new technology when he/she has awarded a new technology certification
pursuant to paragraph (1), and a certificate of technology verification when he/she has conducted a technology verification pursuant
to paragraph (2).
(4) The Minister of Environment may have a person who applies for a new technology certification or technology verification under
paragraph (1) or (2) bear expenses incurred in evaluating such technology, as prescribed by Ordinance of the Ministry of Environment.
(5) In order to promote new technology certifications and technology verifications and support the dissemination of new technologies,
the operator of financial resources may fully or partially subsidize the expenses to be incurred by a person falling under any of
the following subparagraphs in relation to new technology certifications, technology verifications, model projects, and the commercialization
of environmental technologies from the financial resources mentioned in each subparagraph of Article 6 (3), on a preferential basis;
.
1. A small and medium enterprise which obtains a new technology certification or technology verification and meets the standards
prescribed by Presidential Decree;
2. A person who executes a model project regarding an environmental technology which has obtained a new technology certification or
technology verification;
3. A person who commercializes an environmental technology which has been awarded a new technology certification or technology verification
and which is recognized by the Minister of Environment as necessary to be disseminated for public interests.
(6) Necessary matters concerning the application procedures, evaluation standards and evaluation methods of new technology certifications
or technology verifications, and other matters necessary for new technology certifications or technology verifications, etc. shall
be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10615, Apr. 28, 2011]
(1) A person who has obtained a new technology certification under Article 7 may place indications of new technology on facilities
or products, etc. installed by making use of a new technology, or make use of it for advertisement, as prescribed by Ordinance of
the Ministry of Environment.
(2) No person other than a person who has obtained a new technology certification shall place any indication of new technology or
similar mark, nor advertise thereon.
(3) The Minister of Environment may take proper measures, such as preferential grant of subsidies relating to Article 75 of the Water
Supply and Waterworks Installation Act, Article 56 of the Waste Control Act and Article 63 of the Sewerage Act so that the following
agencies or business operators who have installed and operated environmental facilities may preferentially use new technologies:
<Amended by Act No. 10615, Apr.
28, 2011>
1. State agencies or local governments;
2. Public agencies under Article 5 of the Act on the Management of Public Institutions;
3. State or local government-invested agencies.
(4) When agencies referred to in each subparagraph of paragraph (3) have utilize new technologies, they shall submit the result of
application annually to the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment. <Newly Inserted
by Act No. 10615, Apr. 28, 2011>
[This Article Wholly Amended by Act No. 8957, Mar. 21, 2008]
Verifications)
(1) The effective term of a new technology certification or a technology verification shall be three years from the date on which
the certification of the new technology or the verification of the technology is received. <Amended by Act No. 10615, Apr. 28,
2011>
(2) The effective term under paragraph (1) may be extended only once, which shall not exceed five years in case of a new technology
certification or seven years in case of a technology verification. <Amended by Act No. 10615, Apr. 28, 2011>
(3) Matters necessary for the filling of an application, etc. for the extension of a new technology certification shall be prescribed
by Presidential Decree.
[This Article Wholly Amended by Act No. 8957, Mar. 21, 2008]
Verifications)
(1) The Minister of Environment shall cancel a new technology certification or technology verification when it falls under any of
the following subparagraphs:
1. Where such new technology certification or technology verification has been obtained by fraudulent or other illegal means;
2. Where the Minister of Environment recognizes that it is not proper to disseminate the relevant technology due to significant defects
found in such new technology or verified technology.
(2) Necessary matters concerning the procedures for cancellation. etc. under paragraph (1)
shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8957, Mar. 21, 2008]
Enterprises)
(1) In order to support and promote environmental industry, the Minister of Environment may designate environmental industrial enterprises
which are superior in business result, technical skills, etc. as a superior environmental industrial enterprise in accordance with
the criteria prescribed by Presidential Decree.
(2) The Minister of Finance may provide preferential support for the penetration of overseas market and financial support under Article
13-3 to the superior environmental industrial enterprises which are designated under paragraph (1).
(3) Effective period for designation of superior environmental industrial enterprises pursuant to paragraph (1) shall be five years
from the date of such designation, and such enterprises may be re-designated every five years.
(4) Matters necessary, such as the method of and procedure for designation of superior environmental industrial enterprises, etc.
under paragraph (1) shall be prescribed by Ordinance of Ministry of Environment.
(5) In any case of the following subparagraphs, the Minister of Environment may cancel the designation of a superior environmental
industrial enterprise which is granted under paragraph (1): Provided, That he/she shall cancel the designation in cases of falling
under subparagraph 1:
1. When it is designated as a superior environmental industrial enterprise by false or illicit means;
2. When it falls below the criteria of designation prescribed by Presidential Decree under
paragraph (1).
(6) When the Minister of Environment designates or re-designates a superior environmental industrial enterprise under paragraph (1)
or (3), or cancels the designation thereof under paragraph (5), he/she shall make a public notification of such content through
Internet homepage, etc.
[This Article Newly Inserted by Act No. 10615, Apr. 28, 2011}
(1) In order to ensure the sustainable and balanced development of the national economy, the Government shall establish policies for
promoting international joint research programs on environmental technologies and the environmental industry.
(2) The Government may promote the following projects to facilitate international joint research programs under paragraph (1):
1. Research and study for international collaboration on environmental technologies and the environmental industry;
2. International exchange of human resources and information on environmental technologies and the environmental industry;
3. Hosting of exhibitions and academic conferences on environmental technologies and the environmental industry;
4. Development of overseas markets for environmental technologies and the environmental industry;
5. Promotion of technical development for the conservation of the earth's environment;
6. Other projects recognized as necessary for the promotion of international joint research programs.
[This Article Wholly Amended by Act No. 8957, Mar. 21, 2008]
(1) The Government shall establish detailed policies for the dissemination of innovative environmental technologies and the collection
and spread of information on environmental technologies.
(2) The Government may computerize environmental technologies and information for management purposes for the dissemination of environmental
technologies and the collection and spread of information on environmental technologies under paragraph (1).
(3) The Minister of Environment may request the heads of related agencies to furnish data necessary for the computerization of environmental
technologies and information under
paragraph (2).
(4) The Government may advise business operators and environmental industrial enterprises, etc. discharging environmental pollutants
to develop environmental technologies, introduce innovative environmental technologies and exchange information on environmental
technologies, etc.
(5) Where it is recognized as necessary to meet the environmental standards under Article 10 of the Framework Act on Environmental
Policy, the Minister of Environment may advise the heads of relevant central administrative agencies or local governments to use
and disseminate innovative environmental technologies.
[This Act Wholly Amended by Act No. 8957, Mar. 21, 2008]
Environmental Industry)
(1) To formulate governmental policies related to environmental technologies and environmental industry, the Minister of Environment
may conduct an investigation of the actual conditions of environmental technologies and environmental industry (hereinafter referred
to as "investigation of actual conditions") and make a public notification of its result .
(2) If necessary to investigate actual conditions, the Minister of Environment may request relevant public institutions, environmental
industrial enterprises or corporations and organizations related to environmental technologies and environmental industry to submit
materials or to state their opinions.
(3) Matters necessary to investigate actual conditions, such as contents, timing and procedure, etc., shall be prescribed by Presidential
Decree.
[This Article Newly Inserted by Act No. 10615, Apr. 28, 2011}
(1) To resolve pending environmental issues and to establish infrastructure for and promotion of green growth under subparagraph
2 of Article 2 of the Framework Act on Low Carbon, Green Growth (hereinafter referred to as "green growth), etc., the Minister
of Environment may designate and operate green environment support centers, as prescribed by Presidential Decree. <Amended by
Act No. 10615, Apr. 28, 2011>
(2) Green environment support centers under paragraph (1) shall perform the following projects, and the Minister of Environment may
provide necessary support, such as
contribution of funds, to such green environment support centers: <Amended by Act No.
10615, Apr. 28, 2011>
1. Projects for the investigation, research and development of environmental technologies for the improvement and conservation of
regional environment;
2. Projects for the collection, classification, processing, and spread of information on environmental technologies and basic data
related to the environment, and projects for the construction of computer networks in relation thereto;
3. International exchange of environmental technologies;
4. Projects for the support of and collaboration with environmental industrial enterprises;
5. Environment-related educational projects for green growth;
6. Projects entrusted by the State, local government, and public institutions under Article
4 of the Act on the Management of Public Institutions in connection with projects referred to in subparagraphs 1 through 5;
7. Other projects related to regional environmental issues recognized by the Minister of
Environment.
(3) Designation period of green environment support centers under paragraph (1) shall be five years, and they may be re-designated
every five years after conducting comprehensive evaluation under Article 10-2 (1) 2. <Amended by Act No. 10615, Apr.
28, 2011>
(4) Necessary Matters concerning the criteria of designation, etc. of green environment support centers under paragraph (1) shall
be prescribed by Ordinance of the Ministry of Environment. <Amended by Act No. 10615, Apr. 28, 2011>
(5) Deleted. <by Act No. 10615, Apr. 28, 2011>
[This Article Wholly Amended by Act No. 8957, Mar. 21, 2008]
Cancellation of Designation, etc.)
(1) The Minister of Environment shall evaluate green environment support centers under
Article 10 in accordance with classifications set forth in the following subparagraphs:
1. Regular evaluation: Evaluation of the previous year ’s performance of the green environment support centers once every year;
2. Comprehensive evaluation: Evaluation of overall operation of green environment support centers every five years upon expiration
of their designation period for redesignation.
(2) The Minister of Environment may, if deemed necessary for evaluation of green
environment support centers under paragraph (1), organize and operate an evaluation board of green environment support centers (hereinafter
referred to as the “evaluation board”) which consists of related experts.
(3) Matters necessary for organization and operation of the evaluation board shall be prescribed by Ordinance of the Minister of
Environment.
(4) Where the Minister of the Environment intends to conduct the evaluation under paragraph (1), he/she shall inform the standards
and time of evaluation in advance, as prescribed by Presidential Decree,
(5) When the business performance is rated poor as a result of the regular evaluation under paragraph (1) 1, the Minister of Environment
may warn the relevant center, suspend the provision of support or reduce the amount of support referred to in Article 10 (2).
(6) If a person who obtained designation of a green environment support center under Article
10 falls under any of the following subparagraphs, the Minister of Environment may cancel the designation:
1. Where the person receives warnings twice or more in the last three years;
2. Where it is recognized difficult to attain the designated purposes of such green environment support center because it has failed
to meet the conditions of designation under Article 10 (4).
[This Article Newly Inserted by Act No. 10615, Apr. 28, 2011]
Industry)
(1) Any persons who are specialized environmental constructors under Article 15 (3), or the environmental consulting companies under
Article 16 (4), etc. as prescribed by Presidential Decree may establish an association of environmental industry (hereinafter referred
to as “association” after obtaining the permission thereof from the Minister of Environment.
(2) An association shall be shall be incorporated as a juristic person. (3) An association shall engage in the following business
affairs:
1. Investigation of present conditions by business type of environmental industry and related statistics;
2. Research of the system for fostering of environmental industry and recommendations for improvement;
3. Collection, analysis and provision of the environmental technologies and market information related to environmental industry;
4. Affairs entrusted by the State or local governments;
5. Other business affairs related to the fostering of environmental industry which are prescribed by the articles of association
of the association.
(4) The Minister of Environment may subsidize the association part of fund necessary for the development of environmental technologies
and environmental industry.
(5) Except as otherwise prescribed in this Act, the provisions of the Civil Act, which pertain to incorporated associations shall
apply mutatis mutandis to associations.
[This Article Wholly Amended by Act No. 10615, Apr. 28, 2011]
(1) The Government may provide technical support for preventing or reducing environmental pollution generated from the process
of manufacturing activities of enterprises and ensuring the effective operation and management of environmental facilities. <Amended
by Act No. 9770, Jun. 9, 2009; Act No. 9770, Jun. 9, 2009; Act No.
10615, Apr. 28, 2011>
(2) Where improvement of facilities is recognized as necessary as a result of technical support under paragraph (1), the Government
may partially subsidize the expenses to be incurred for improving such facilities.
(3) Necessary matters concerning the facilities subject to technical support under paragraph (1), and method of support and subsidization,
etc. under paragraph (2) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8957, Mar. 21, 2008]
(1) The Minister of Environment may conduct technical inspections for public environmental facilities in order to prevent
failures and promote the proper operation thereof.
(2) Where improvement of facilities is recognized as necessary as a result of technology inspections under paragraph (1), the Minister
of Environment may partially subsidize the expenses to be incurred for improving such facilities.
(3) The Minister of Environment may request the administrators of public environmental facilities to take necessary measures, such
as supplementation of facilities, according to the results of technology inspections.
(4) The administrators of public environmental facilities shall cooperate on technology inspections under paragraph (1).
(5) Necessary matters concerning facilities subject to technology inspections, the intervals of, and expenses for, technology inspections,
etc. under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment.
[This Article Wholly Amended by Act No. 8957, Mar. 21, 2008]
(1) The State or local governments may create environmental industry promotion complexes to increase efficiency of environmental industry
and to attract or foster domestic or foreign environmental industrial enterprises by interrelating environmental industrial enterprises,
public institutions, and the related academic circles.
(2) The head of a central administrative agency concerned may subsidize all or part of the cost incurred in the creation of an environmental
industry promotion complex that is being propelled by a local government within the limit of the budget.
(3) The creation of an environmental industry promotion complex under paragraph (1) shall follow the procedures for designation and
development of an industrial complex under the Industrial Sites and Development Act.
[This Article Newly Inserted by Act No. 10615, Apr. 28, 2011]
(1) The Minister of Environment may implement the following projects to support the international cooperation of environmental industry
and the penetration of overseas market:
1. Investigation and research for international cooperation of environmental industry and penetration of overseas market;
2. International exchange of environmental industry-related technologies, human resources and information;
3. Hosting of environmental industry-related exhibitions and academic conferences;
4. Overseas marketing and public relation activities related to environmental technologies and environmental industry;
5. Provision of such supports related to the overseas expansion of environmental industrial enterprises as provision of information,
consultation, advices and education, etc.
(2) Where an environmental industrial enterprise promotes a project falling under any of the following subparagraphs for reinforcement
of the international competitiveness of environmental industry, the Minister of Environment may subsidize or lend part of the
required fund:
1. Development, design and construction of environmental facilities;
2. Penetration of environmental industry-related overseas market;
3. International exchange of environmental industry-related technologies, human resources and information;
4. Other projects for the reinforcement of international competitiveness of environmental industry which are prescribed by Presidential
Decree.
[This Article Newly Inserted by Act No. 10615, Apr. 28, 2011]
(1) The Minister of Environment may, with regard to persons engaging in the measurement and analysis of environmental pollutants,
noise and vibration or environmental conditions, etc. as prescribed by Ordinance of the Ministry of Environment (hereafter referred
to asmeasurement and analysis agencies in this Article), conduct evaluation of their measuring and analyzing abilities, provide education,
and verify data related to measurement and analysis, etc. (hereinafter referred to asprecision control in this Article).
(2) If it is recognized as necessary as a result of precision control on measurement and analysis agencies, the Minister of Environment
may issue an order to improve or supplement related equipment and apparatus, or take other necessary measures.
[This Article Wholly Amended by Act No. 8957, Mar. 21, 2008]
(1) A person who intends to run a specialized environmental construction business shall register with the Special Metropolitan City
Mayor, a Metropolitan City Mayor, a Do Governor or the Governor of a Special Self-Governing Province (hereinafter referred to as
Mayor/Do Governor") after developing technical skills prescribed by Presidential Decree. The same shall also apply to any revision
to the registered matters as prescribed by Presidential Decree. <Amended by Act No. 10615, Apr. 28, 2011>
(2) Any of the following persons who has reported to the Mayor/Do Governor as prescribed by Ordinance of the Ministry of Environment
shall be deemed to have registered a specialized environmental construction business under paragraph (1) for designing specialized
environmental construction in the relevant field: <Amended by Act No.
10250, Apr. 12, 2010; Act No. 10615, Apr. 28, 2011>
1. A person who has registered the establishment of an office of professional engineers to
design noise and vibration control facilities as a profession under Article 6 the
Professional Engineers Act;
2. A person who has reported an engineering business operator in order to engage in the business of designing noise and vibration
control facilities under Article 21 (1) of the Engineering Industry Promotion Act.
(3) If a person who has registered a specialized environmental construction business under paragraph (1) (hereinafter referred to
asspecialized environmental constructor ) executes a specialized environmental construction work, and if such construction falls
under the construction works under subparagraph 4 of Article 2 of the Framework Act on the Construction Industry, he/she may continue
such construction notwithstanding Article
9 (1) of the same Act. <Amended by Act No. 10615, Apr. 28, 2011>
(4) No person who falls under any of the following subparagraphs shall register or report a specialized environmental construction
business under paragraph (1) or (2): <Amended by Act No. 9770, Jun. 9, 2009; Act No. 10615, Apr. 28, 2011>
1. A minor, an incompetent or a quasi-incompetent;
2. A person who, after having been declared as bankrupt by the court, remains not reinstated;
3. A person in whose case two years have not passed since the cancellation of his/her registration as a specialized environmental
constructor under paragraph (5);
4. A person in whose case two years have not passed since his/her imprisonment with labor, as declared by the court in violation
of this Act, the Clean Air Conservation Act, the Water Quality and Ecosystem Conservation Act or the Noise and Vibration Control
Act, was completely executed (including where it is deemed that the execution has been completed) or exempted;
5. A corporation having an executive falling under any of the provisions of subparagraphs 1 through 4.
(5) I f a specialized environmental constructor falls under any of the following subparagraphs, the Mayor/Do Governor may cancel
such registration or issue an order to suspend all or part of such business for a prescribed period of not more than six months:
Provided, That if it falls under subparagraph 1 or 2, he/she shall cancel such registration:
<Amended by Act No. 10615, Apr. 28, 2011>
1. Where it falls under paragraph (4): Provided, That where there is an executive falling under paragraph (4) among the executives
of a corporation, this shall not apply where such executive is replaced by a newly appointed executive within six months;
2. Where it has registered by fraudulent or other illegal means;
3. Where it has received a disposition of business suspension twice or more within a year;
4. Where it has failed to commence business within two years after registration or it has failed to attain actual results of business
for more than two consecutive years;
5. Where it has failed to meet the eligibility requirements for registration under paragraph
(1);
6. Where it has allowed another person to run a specialized environmental construction business by using its name or has lent its
certificate of registration to another person;
7. Where it has unfaithfully designed or executed specialized environmental construction work by intention or gross negligence;
8. Where it has contracted out all the contracted work;
9. Where it has carried on business during the period of business suspension after having received an order for business suspension.
(6) Registration fees for specialized environmental construction business shall be prescribed by Ordinance of the Ministry of Environment.
<Amended by Act No. 10615, Apr. 28,
2011>
[This Article Wholly Amended by Act No. 8957, Mar. 21, 2008]
under Article 15 (5) may design or execute specialized environmental construction work only for a construction contract concluded
before such disposition. In such cases, the Mayor/Do Governor may designate a construction supervisor and have him/her manage and
supervise the construction, as prescribed by Ordinance of the Ministry of Environment. <Amended by Act No. 10615, Apr. 28, 2011>
(2) A person who continues to design or execute specialized environmental construction work under paragraph (1) shall be deemed a
specialized environmental constructor under this Act until he/she completes such design or construction. <Amended by Act No.
10615, Apr. 28, 2011>
[This Article Wholly Amended by Act No. 8957, Mar. 21, 2008]
(1) The Minister of Environment may designate enterprises and workplace which contribute greatly to environmental improvement through
remarkable decrease of pollutants, reduction of resources and energy, improvement of eco-friendliness of products,
construction of green management systems, etc. as green enterprises, and may re- designate them when the respective designation periods
expire. In such cases, the Minister of Environment shall extend preferential treatment to an enterprise which has obtained certification
of green management systems under the Act on the Promotion of the Conversion into Environment-Friendly Industrial Structure, when
he/she designates green enterprises. <Amended by Act No. 9931, Jan. 13, 2010; Act No. 10615, Apr. 28,
2011>
(2) The period of designation or re-designation for green enterprises under paragraph (1)
shall be three years. <Amended by Act No. 9931, Jan. 13, 2010; Act No. 10615, Apr. 28,
2011>
(3) Where a person who has been designated as a green enterprise under paragraph (1) intends to modify matters prescribed by Ordinance
of the Ministry of Environment among the designated matters, he/she shall make a report of modification. <Amended by Act No.
9931, Jan. 13, 2010>
(4) Necessary matters concerning the standards and procedures for designation and re- designation and the operation of green enterprises
shall be prescribed by Ordinance of the Ministry of Environment. In such cases, the Minister of Environment shall consult with the
Minister of Knowledge Economy and the Minister of Land, Transport and Maritime Affairs. <Amended by Act No. 9931, Jan. 13, 2010>
(5) The Minister of Environment shall take any of the following measures for enterprises and workplace designated as green enterprises:
<Amended by Act No. 9770, Jun, 9, 2009; Act No. 9931, Jan. 13, 2010; Act No. 10615, Apr. 28, 2011>
1. Report in lieu of permission under Article 23 of the Clean Air Con- servation Act and
Article 33 of the Water Quality and Ecosystem Conservation Act;
2. Exemption from reports or inspections under Article 82 of the Clean Air Conservation Act, Article 68 of the Water Quality and Ecosystem
Conservation Act, Article 47 of the Noise and Vibration Control Act, Article 39 of the Wastes Control Act, Article 45 of the Toxic
Chemicals Control Act, Article 41 of the Act on the Management and Use of Livestock Excreta, Article 69 of the Sewerage Act, Article
34 of the Construction Waste Recycling Promotion Act, Article 17 of the Malodor Prevention Act, Article 26-
2 of the Soil Environment Conservation Act, Article 29 of the Persistent Organic
Pollutants Control Act, as prescribed by Ordinance of the Ministry of Environment;
3. Other preferential treatments prescribed by Presidential Decree.
(6) Where a person designated as a green enterprise under paragraph (1) engages in the following projects, the Minister of Environment
may support him/her with fund or
technologies necessary for the projects: <Newly Inserted by Act No. 10615, Apr. 28, 2011>
1. Joint cooperative projects between green enterprises;
2. Environment-related cooperative projects between the green enterprise and its subcontractors;
3. Projects for development and operation of joint network of environmental information;
4. International cooperative projects of a green enterprise;
5. Other projects prescribed by Ordinance of the Ministry of Environment to support the green enterprises.
[This Article Wholly Amended by Act No. 8957, Mar. 21, 2008]
If a person who has been designated as a green enterprise falls under any of the following subparagraphs, the Minister of Environment
may cancel such designation: Provided, That such designation shall be cancelled where he/she falls under subparagraph 1: <Amended
by Act No. 9931, Jan. 13, 2010>
1. Where he/she has obtained such designation by fraudulent or other illegal means;
2. Where he/she has failed to meet the standards for designation under Article 16-2 (4);
3. Where he/she has violated Acts and subordinate statutes related to the environment or performed an act unsuitable for an environment-friendly
enterprise, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8957, Mar. 21, 2008]
(1) A company under the Commercial Act which carries out the following duties and intends to receive support under Article 16-5 (hereinafter
referred to asenvironment consulting company ) shall register with the Mayor/Do Governor after meeting the requirements for human resources prescribed
by Presidential Decree. The same shall also apply to any revision to important matters among registered matters as prescribed
by Presidential Decree, such as the trade name or technical professionals: <Amended by Act No. 10615, Apr. 28, 2011>
1. Survey and analysis of, and consultation and provision of, information on the environmental regulations at home and abroad (hereinafter
referred to assurvey, etc. );
2. Consultation and provision of information on the procedures for environmental administration, such as registration, authorization
and permission, etc. related to the
environment, and the vicarious execution thereof;
3. Diagnosis of and survey, etc. on the environmental regulations in connection with the location, construction, operation and management,
etc. of businesses and various facilities;
4. Diagnosis, survey, etc. and education for the prevention and optimum treatment of the environmental pollution;
5. Diagnosis, survey, etc. and education regarding the commencement and operation of an environmental industrial enterprise;
6. Diagnosis, survey, etc. and education for eco-friendliness of a business;
7. Diagnosis, survey, etc. and education for the development and commercialization of environmental technologies;
8. Other matters prescribed by Presidential Decree.
(2) No company which has an executive falling under any of the following subparagraphs shall register as an environment consulting
company: <Amended by Act No. 9770, Jun.
9, 2009
1. A minor, an incompetent or a quasi-competent;
2. A person who was declared bankrupt and has not been reinstated;
3. A person in whose case three years have not passed since his/her imprisonment with labor as declared by the court in violation
of this Act, the Clean Air Conservation Act, the Water Quality and Ecosystem Conservation Act, the Noise and Vibration Control Act
or the Soil Environment Conservation Act, was completely executed (including where it is deemed that the execution has been completed)
or exempted;
4. A person who was an executive of a company at the time of the cancellation of registration of such company in which case two years
have not passed since the cancellation of registration under Article 16-6.
[This Article Wholly Amended by Act No. 8957, Mar. 21, 2008]
The Minister of Environment and the Mayor/Do Governor may provide support under the following subparagraphs to the registered environment
consulting companies: <Amended by Act No. 10615, Apr. 28, 2011>
1. Provision of information related to environmental consulting;
2. Education of human resources engaged in environmental consulting. [This Article Wholly Amended by Act No. 8957, Mar. 21, 2008]
Companies)
(1) When a registered environmental consulting company falls under any of the following subparagraphs, the Mayor/Do Governor may
cancel its registration or suspend the provision of support under this Act: Provided, That where it falls under subparagraph 1 or
2, the Minister of Environment shall cancel its registration: <Amended by Act No.
10615, Apr. 28, 2011>
1. Where it has registered by fraudulent or other illegal means;
2. Where any of its executives falls under any subparagraph of Article 16-4 (2): Provided, That the same shall not apply where such
executive is replaced with a newly appointed executive within six months from the date when he/she falls under the grounds for ineligibility;
3. Where it has failed to fulfil the requirements for human resources under Article 16-4 (1);
4. Where it has lent its certificate of registration;
5. Where it has failed to commence business affairs under each subparagraph of Article
16-4 (1) within one year from the date of registration or has failed to attain actual results of business for not less than one year
continuously.
(2) When a registered environmental consulting company falls under any of the subparagraphs of paragraph (1), the Minister of Environment
may suspend the provision of support under this Act. <Newly Inserted by Act No. 10615, Apr. 28, 2011>
[This Article Wholly Amended by Act No. 8957, Mar. 21, 2008]
Current or past executives or employees of an environment consulting company under Article 16-4 (1) and persons who have participated
in the business affairs under the subparagraphs of the same paragraph shall neither disclose nor secretly use any secret obtained
during the course of performing their duties.
[This Article Wholly Amended by Act No. 8957, Mar. 21, 2008]
(1) Green enterprises under Article 16-2, public institutions prescribed by Presidential Decree and enterprises having significant
environmental effects shall prepare and disclose environmental information referred to in each of the following subparagraphs: Provided,
That this shall not apply to the environmental information which falls under trade secret prescribed in subparagraph 2 of Article
2 of the Unfair Competition
Prevention and Trade Secret Protection Act:
1. Objectives and major activity plan for such environmental management as protection of environment, saving of resources, reduction
of discharge of environmental pollutants, etc. (hereinafter referred to as "environmental management");
2. Matters relating to the development and application of the products and services for environmental management;
3. Matters relating to the outcome from environmental management;
4. Matters relating to the green management under subparagraph 7 of Article 2 of the
Framework Act on Low Carbon, Green Growth.
(2) Detailed matters concerning public disclosure of environmental information and the procedure thereof, etc. under paragraph (1)
shall be prescribed by Ordinance of the Ministry of Environment.
[This Article Newly Inserted by Act No. 10615, Apr. 28, 2011]
(1) To secure the reliability of the environmental information which is disclosed under
Article 16-8, the Minister of Environment may verify such environmental information.
(2) Where the verification under paragraph (1) results in the discrepancy between the fact and the information made public, the Minister
of Finance may request the correction thereof.
(3) Detailed matters concerning method of verification of environmental information and the procedure thereof, etc. under paragraph
(1) shall be prescribed by Ordinance of the Ministry of Environment.
[This Article Newly Inserted by Act No. 10615, Apr. 28, 2011]
(1) The Minister of Environment may award a certification of eco-label for the products which may cause less environmental pollution
or save resources compared with other products for the same use (including apparatus, materials and services affecting the environment;
hereinafter the same shall apply).
(2) A person who intends to obtain certification under paragraph (1) shall file an application with the Minister of Environment, as
prescribed by Presidential Decree.
(3) Necessary matters concerning the selection and cancellation of the products subject to certification of eco-label under paragraph
(1) shall be prescribed by Presidential Decree, and the standards for certification for each product shall be determined and announced
by
the Minister of Environment.
[This Article Wholly Amended by Act No. 8957, Mar. 21, 2008]
(1) In order to enhance the eco-friendliness of materials and products, the Minister of Environment may authorize a specialized institution
designated by the Minister of Environment in consultation with the Minister of Knowledge Economy (hereinafter referred to certification institution ) to award a certification of environmental product declaration quantitatively indicating information on
the eco-friendliness for the production stage, distribution stage, consumption stage and disuse stage, etc. of the materials and
products.
(2) The standards for designation of certification institutions shall be as follows:
1. To have an exclusive organization in charge of performing business affairs regarding certification of environmental product declaration:
2. To have not less than two examiners under Article 21 as well as a system for controlling such examiners.
(3) The Minister of Environment may direct and supervise the business affairs of certification institutions to attain the purposes
of designation under paragraph (1) within the necessary extent.
(4) A person who intends to be designated as a certification institution shall file for an application for designation of certification
institution with the Minister of Environment.
(5) Where he/she has designated an applicant under paragraph (4) as a certification institution, the Minister of Environment shall
issue a written designation of certification institution for environmental declaration of products to the applicant.
(6) Each certification institution shall, where it modifies matters prescribed by Presidential Decree, such as the name or location,
make a report of modification within 30 days from the date of such modification.
(7) Detailed matters necessary for the procedures for and methods, etc. of designation of certification institutions shall be prescribed
by Ordinance of the Ministry of Environment.
[This Article Wholly Amended by Act No. 8957, Mar. 21, 2008]
If a certification institution falls under any of the following subparagraphs, the Minister of
Environment may cancel such designation or order the suspension of all or part of its
business for a prescribed period not exceeding one year: Provided, That the designation shall be cancelled where it falls under subparagraph
1 or 8: <Amended by Act No. 10615, Apr.
28, 2011>
1. Where it has obtained such designation by fraudulent or other unjust means;
2. Where it has failed to perform business affairs regarding certification for not less than one year consecutively from the date
of designation, without justifiable grounds;
3. Where it has failed to meet the standards for designation under Article 18 (2);
4. Where it has failed to make a report of modification under Article 18 (6);
5. Where it has performed business affairs regarding certification in violation of the standards and procedures for certification
under Article 20 (3);
6. Where it has failed to cancel certification notwithstanding the occurrence of any ground for the cancellation of certification
of environmental product declaration, in violation of Article 23 (2);
7. Where it has failed to investigate the production process of materials and products or to collect materials and products necessary
for tests and analysis in violation of Article 28 (2);
8. Where it has performed business affairs regarding certification during the period of business suspension after having been ordered
suspension of its business.
[This Article Wholly Amended by Act No. 8957, Mar. 21, 2008]
Declaration)
(1) Matters necessary for the selection and cancellation of materials and products subject to certification of environmental product
declaration under Article 18 (1) shall be prescribed by Presidential Decree, and guidelines for indicating environmental product
declaration shall be governed by the Minister of Environment.
(2) A person who intends to obtain certification of environmental product declaration shall file for an application for certification
of environmental product declaration to a certification institution.
(3) Where a certification institution has received an application for certification under paragraph (2), it shall examine whether
the relevant environmental product declaration has been prepared in compliance with the guidelines for indicating environmental
product declaration under paragraph (1) according to the procedures prescribed by Ordinance of the Ministry of Environment, and
shall award certification if it is prepared in compliance with such guidelines.
(4) Where a certification institution has awarded certification of environmental product declaration under paragraph (3), it shall
report it to the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment.
[This Article Wholly Amended by Act No. 8957, Mar. 21, 2008]
(1) A person who conducts examinations for certification of environmental product declaration (hereinafter referred to asexaminer ) or a person who intends to be an examiner shall receive education provided by the Minister of Environment, as prescribed
by Ordnance of the Ministry of Environment.
(2) The eligibility requirements, etc. for an examiner shall be prescribed by Presidential
Decree.
[This Article Wholly Amended by Act No. 8957, Mar. 21, 2008]
(1) Certification institutions, institutions or organizations entrusted with certifications of eco- label and the affairs in relation
thereto under Article 31 (2) (hereinafter referred to as institutions entrusted with certifications ), and institutions or organizations
entrusted with education of examiners shall establish the rules necessary for the certification or education affairs and obtain
the approval of the Minister of Environment for such rules. The same shall also apply to any revision thereto.
(2) Matters to be included in the rules necessary for the affairs regarding certification or education under paragraph (1) shall
be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8957, Mar. 21, 2008]
(1) A person who has obtained certification of eco-label or environmental product declaration under Article 17 (1) or 20 (3) (hereinafter
referred to aseco-label, etc. ) may place such eco-label, etc. on packages, containers, etc. of materials and products as prescribed by Ordinance
of the Ministry of Environment, or advertise such eco-label, etc.
(2) No one, other than those who have obtained certification of eco-label etc. under Article
17 (1) or 20 (3) shall place an eco-label, etc. or other similar mark on packages, containers, etc. of materials and products or advertise
certification of eco-label, etc.
[This Article Wholly Amended by Act No. 8957, Mar. 21, 2008]
(1) Where a person who has obtained certification of eco-label under Article 17 (1) falls under any of the following subparagraphs,
the Minister of Environment may order the person to make corrections or cancel such certification: Provided, That where he/she falls
under subparagraph 1, the Minister of Environment shall cancel such certification:
<Amended by Act No. 10615, Apr. 28, 2011>
1. Where he/she has obtained such certification by fraudulent or other illegal means;
2. Where he/she distributes products not meeting the standards for certification under
Article 17 (3), with an eco-label attached thereon;
3. Where he/she fails to distribute products which have obtained certification of eco-label for a period prescribed by Ordinance of
the Ministry of Environment continuously in the absence of force majeure or other inevitable grounds;
4. Where it is prescribed by Presidential Decree as having other grounds unsuitable for certification of eco-label.
(2) Where a person who has obtained certification of environmental product declaration under Article 20 (3) falls under any of the
following subparagraphs, a certification institution may cancel such certification: Provided, That where he/she falls under subparagraph
1, it shall cancel such certification:
1. Where he/she has obtained certification by fraudulent or other illegal means;
2. Where he/she distributes materials or products which differ from the content of certification under Article 20 (3) with an environmental
product declaration attached thereon;
3. Where he/she fails to distribute materials and products which have obtained certification of product declaration for a period
prescribed by Ordinance of the Ministry of Environment in the absence of force majeure or other inevitable grounds;
4. Where it is prescribed by Presidential Decree as having other grounds unsuitable for certification of environmental product declaration.
(3) Where a certification institution cancels certification of environmental product declaration under paragraph (2), it shall report
such fact to the Minister of Environment.
(4) Where certification of eco-label under paragraph (1) or environmental product declaration under paragraph (2) is cancelled, the
Minister of Environment shall publicly announce such cancellation, as prescribed by Presidential Decree.
(5) If the certification of eco-label, etc. of a product is cancelled under paragraph (1) or (2), re-application for eco-label, etc.
shall not be allowed within one year. <Newly Inserted by Act No. 10615, Apr. 28, 2011>
[This Article Wholly Amended by Act No. 8957, Mar. 21, 2008]
Where materials and products the certification of which has been cancelled under Article 23 are distributed, the Minister of Environment
shall order a person subject to the disposition of cancellation of certification to remove the eco-label, etc. therefrom.
[This Article Wholly Amended by Act No. 8957, Mar. 21, 2008]
(1) The Government may conclude an agreement with a foreign government with respect to the mutual recognition of eco-labels, etc.
(2) If an agreement has been concluded with a foreign government under paragraph (1), the
Minister of Environment shall announce the contents of such agreement. [This Article Wholly Amended by Act No. 8957, Mar. 21, 2008]
(1) The Minister of Environment, certification institutions and institutions entrusted with certifications may collect application
fees for application from the persons who have applied for certification of eco-label, etc. under Article 17 (2) or 20 (2), and
royalties from persons who use eco-label, etc. under Article 22. In such cases, application fees and royalties collected by certification
institutions or institutions entrusted with certifications shall be the revenue of such certification institutions or institutions
entrusted with certifications.
(2) Certification institutions or institutions entrusted with certifications which collect application fees and royalties under paragraph
(1) may use such revenue only for operating expenses and publicity expenses regarding certification of eco-label, etc. and other
purposes prescribed by Presidential Decree.
(3) Necessary matters concerning the standards for collection, etc. of application fees and royalties under paragraph (1) shall be
prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8957, Mar. 21, 2008]
1. Development of the standards for certification under Article 17 or 18;
2. Development of techniques for the analysis of eco-friendliness in the production stage, distribution stage, consumption stage
and disuse stage, etc. of materials and products;
3. Establishment and operation of information networks for the promotion of production and use of eco-friendly materials and products;
4. Diffusion of the development and spread of product designs and production techniques by taking the environment into consideration;
5. Education for proper use of eco-label, etc. and management of certified products;
6. Enhancement of professionalism in the affairs related to certification of eco-label, etc. [This Article Wholly Amended by Act No.
8957, Mar. 21, 2008]
(1) In order to foster human resources necessary for the advancement of environmental technologies, the Government shall formulate
plans for the fostering of environment technology professionals every five years and shall take measures for strengthening education
of, and securing and managing, environment technology professionals.
(2) Technical professionals engaging in specialized environmental construction business shall receive specialized education on the
environment. <Amended by Act No. 10615, Apr. 28, 2011>
(3) A person who employs a person subject to education under paragraph (2) shall have the latter receive specialized education on
the environment.
(4) A person who provides education under paragraph (2) may collect education expenses from persons who employ persons subject to
education or persons subject to education (limited to cases where specialized environmental constructors are persons subject to
education), as prescribed by Ordinance of the Ministry of Environment. <Amended by Act No. 10615, Apr. 28, 2011>
(5) Institutions providing education and the contents of education, etc. under paragraph (2)
shall be prescribed by Ordinance of the Ministry of Environment. [This Article Wholly Amended by Act No. 8957, Mar. 21, 2008]
(1) The head of a relevant central administrative agency may require any of the following persons to report on the present status
of the conduct of relevant business and assign relevant public officials to investigate necessary matters or make inquires to relevant
persons to confirm the use of the government-contributed funds, etc.: <Amended by Act
No. 10615, Apr. 28, 2011>
1. Research institutions, etc. conducting development projects under Article 5;
2. Persons who are provided with financial support, subsidy, or loans under Articles 6 (3),
7 (5), 10 (2) or 13-3 (2).
(2) The Minister of Environment or the Mayor/Do Governor may, if prescribed by Ordinance of the Ministry of Environment, allow any
of the following persons to submit necessary data or have relevant public officials gain access to an office, place of business or
other necessary places to inspect relevant documents, facilities, equipment, etc., and may authorize a certification institution
or an institution entrusted with certifications to investigate the manufacturing process of materials and products or to collect
materials and products necessary for tests and analysis for a person falling under subparagraph 3:
<Amended by Act No. 10615, Apr. 28, 2011>
1. Green environment support centers under Article 10;
2. Specialized environmental constructors;
3. Persons who place an eco-label, etc. or advertise certification of eco-label, etc. under
Article 22 (1).
(3) Public officials and relevant personnel of certification institutions or institutions entrusted with certifications who make
investigations or inquiries under paragraph (1) or who access, inspect, investigate or collect under paragraph (2) shall carry a
certificate indicating their authority and produce it to relevant persons.
[This Article Wholly Amended by Act No. 8957, Mar. 21, 2008]
The standards for administrative measures under Articles 15 (5), 16-6 and 19 shall be prescribed by Ordinance of the Ministry of Environment.
[This Article Wholly Amended by Act No. 8957, Mar. 21, 2008]
(1) The Minister of Environment or the Mayor/Do Governor shall hold a hearing in advance, if he/she intends to take measures falling
under any of the following subparagraphs:
1. Cancellation of a new technology certification or technology verification under Article
7-4;
2. Cancellation of the designation of a superior environmental industrial enterprise under
Article 7-5 (5);
3. Cancellation of the designation of a green environment support center under Article
10-2 (6);
4. Cancellation of the registration of a specialized environmental construction business under Article 15 (5);
5. Cancellation of the designation of a green enterprise under Article 16-3;
6. Cancellation of the designation of an environment consulting company under Article
16-6;
7. Cancellation of the designation of a certification institution under Article 19;
8. Cancellation of certification of eco-label, etc. under Article 23 (1).
(2) If a certification institution intends to cancel a certification of environmental product declaration, it shall give the recipient
of certification an opportunity to submit his/her opinion.
(3) Articles 22 (4) through (6), and 27 of the Administrative Procedures Act shall apply mutatis mutandis to the submission of the
opinion under paragraph (2). In such cases, “administrative agency” and “administrative agency concerned” shall be deemed
“certification institution” respectively.
[This Article Wholly Amended by Act No. 10615, Apr. 28, 2011]
(1) Part of the authority held by the Minister of Environment under this Act may be delegated to the president of the National Institute
of Environmental Research, the head of an environmental local government office, or the Mayor/Do Governor, as prescribed by Presidential
Decree.
(2) The Minister of Environment may entrust the relevant institutions, etc. with the following business affairs, as prescribed by
Presidential Decree: <Amended by Act No. 9433, Feb.
6, 2009; Act No. 10615, Apr. 28, 2011>
1. Business affairs concerning new technology certifications and technology verifications under Article 7: The Korea Environmental
Industry and Technology Institute under Article 5-2;
1 - 2 . Business affairs concerning designation of superior environmental industrial enterprises under Article 7-5: The Korea Environmental
Industry and Technology Institute under Article 5-2;
1 - 3 . Business affairs concerning investigation of actual conditions under Article 9-2 (1): Designated statistics collection agencies
under Article 15 of the Statistics Act;
2. Business affairs concerning support of environmental technologies (including subsidization-related business) under Article 12:
The Korea Environmental
Corporation under the Korea Environmental Corporation Act;
3. Business affairs concerning technology inspections (including subsidization-related business) under Article 13: The Korea Environment
Corporation under the Korea Environment Corporation Act;
4. Business affairs concerning verification of environmental information under Article 16-
9: The Korea Environmental Industry and Technology Institute under Article 5-2;
5. Business affairs concerning certification or cancellation of the certification of eco-label under Article 17 or 23 (1), or business
affairs concerning certification or cancelation of the certification of environmental product declaration under Articles 18 and
23 (2): Environment-related institutions or organizations, or institutions or organizations designated by the heads of relevant
central administrative agencies and prescribed by Presidential Decree;
6. Business affairs concerning education under Article 21: Environment-related institutions or organizations, or institutions or
organizations designated by the heads of the relevant central administrative agencies, prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8957, Mar. 21, 2008]
Any executive or employee of an institution or organization falling under any of the following subparagraphs shall be deemed a public
official when applying the penal provisions under Articles 129 through 132 of the Criminal Act with regard to the delegated authority:
<Amended by Act No. 9433, Feb. 6, 2009; Act No. 10615, Apr. 28, 2011>
1. The evaluation board under Article 10-2 (2);
2. The association under Article 11;
3. The institutions or organizations entrusted with the authority of the Minister of
Environment under Article 31 (2);
4. Deleted; <by Act No. 10615, Apr. 28, 2011>
5. Deleted. <by Act No. 10615, Apr. 28, 2011>
[This Article Wholly Amended by Act No. 8957, Mar. 21, 2008]
In order to promote the development and spread of environmental technologies and foster the environmental industry, the Government
may reward a person falling under any of the following:
1. A person who has developed or commercialized superior products in the field of
environmental technologies;
2. A person who has manufactured eco-friendly products in the introduction of product design techniques respecting the environment,
commercialization and manufacturing stage, distribution stage, consumption stage and disuse stage, etc.;
3. A person who has contributed to the enhancement of efficiency and economical efficiency in the installation and operation of environmental
facilities.
[This Article Wholly Amended by Act No. 8957, Mar. 21, 2008]
A person who falls under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than
two years or by a fine not exceeding 10 million won:
1. A person who places a new technology or a similar mark, or advertises new technology without having obtained certification of new
technology, in violation of Article 7-2 (2);
2. A person who discloses or secretly uses any secret obtained during the course of performing his/her duties, in violation of Article
16-7;
3. A person who places an eco-label, etc. or other similar mark, or advertises certification of eco-label, etc. without having obtained
certification of eco-label, etc., in violation of Article 22;
4. A person who has violated an order for removal of eco-label, etc. under Article 24. [This Article Wholly Amended by Act No. 8957,
Mar. 21, 2008]
A person who carries on specialized environmental construction business without registration or registration of modification, in
violation of Article 15 (1) and (2), or a person who carries on specialized environmental construction business during the period
of business suspension shall be punished by imprisonment for not more than one year or by a fine not exceeding five million won.
<Amended by Act No. 10615, Apr. 28, 2011>
[This Article Wholly Amended by Act No. 8957, Mar. 21, 2008]
(1) If the representative of a corporation, or, an agent, employee or any other employed person of a corporation commits an offense
cited in Article 34 or 35 with respect to the business affairs of the corporation, not only shall such offender be punished accordingly,
but the corporation shall also be punished by the fine under the same Article: Provided,
That this shall not apply when the corporation has not neglected to exercise reasonable attention and supervision for the affairs
concerned to prevent such offense.
(2) If an agent, employee or any other employed person of an individual commits an offense cited in Article 34 or 35 with respect
to the business affairs of the individual, not only shall such offender be punished accordingly, but the individual shall be punished
by the fine under the same Article: Provided, That this shall not apply when the individual has not neglected to exercise reasonable
attention and supervision for the affairs concerned to prevent such offense.
[This Article Wholly Amended by Act No. 8957, Mar. 21, 2008]
(1) If a person fails to disclose environmental information, in violation of Article 16-8 (1) or if a person fails to correct the
environmental information despite the request for correction thereof under Article 16-9 (2), he/she shall be punished by a fine
for negligence not exceeding three million won.
(2) A person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding one million
won:
1. A person who fails to receive education, in violation of Article 27 (2) or a person who has failed to have his/her personnel receive
education in violation of paragraph (3) of the same Article;
2. A person who refuses, interferes with, or evades presentation of data, access, inspections or investigations, or collection under
Article 28 (2).
(3) Fines for negligence under paragraph (1) and (2) shall be imposed and collected by the Minister of Environment or the Mayor/Do
Governor, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10615, Apr. 28, 2011]
ADDENDA
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 21 through 24 shall enter into force one year after the date of its promulgation.
Development Projects)
Any environmental technology development project implemented under the former provisions at the time this Act enters into force shall be deemed an environmental technology development project implemented under the amended provisions of Article 5.
A person who has received official approval for calibration supplies or calibration tests under the former provisions at the time this Act enters into force shall be deemed to have received an official approval referred to in the amended provisions of Article 14 (4).
An inspection agent who has been designated as a person to whom the business affairs related with the precision inspections of environmental measurement equipment or official approvals for calibration supplies or calibration tests are delegated under the former provisions at the time this Act enters into force shall be deemed to be an inspection agent who has been designated under the amended provisions of Article 15.
Operators)
A person who has registered a pollution control facility business under the former provisions of Article 44 of the Clean Air Conservation Act, Article 43 of the Noise and Vibration Control Act, or Article 39 of the Water Quality Conservation Act at the time this Act enters into force shall be deemed a person who has registered a pollution control facility business under the amended provisions of Article 18.
Any disposition implemented against a pollution control facility, such as cancellation of registration, business operator under the former provisions of Article 46 of the Clean Air Conservation Act, Article 45 of the Noise and Vibration Control Act, or Article 41 of the Water Quality Conservation Act before this Act enters into force shall be deemed a disposition implemented under the amended provisions of Article 18 (5).
Technology Professionals)
Any person who has received education referred to in the former provisions of Article 48 of the Clean Air Conservation Act, Article 50 of the Noise and Vibration Control Act, or Article 48 of the Water Quality Conservation Act at the time this Act enters into force shall be deemed to have received specialized environmental education referred to in the amended provisions of Article 31 (2).
(1) The former provisions of the Clean Air Conservation Act, the Noise and Vibration Control Act, or the Water Quality Conservation
Act shall apply with regard to the application of the penal provisions to any offense committed before this Act enters into force
in connection with pollution control facility business.
(2) The former provisions of the Clean Air Conservation Act, the Noise and Vibration Control Act, or the Water Quality Conservation
Act shall apply with regard to the application of fines for negligence to any offense committed before this Act enters into force
in connection with specialized environmental education provided under the amended provisions of Article 31 (2).
(1) If the provisions concerning pollution control facility business referred to in Article 44 of the Clean Air Conservation Act,
Article 43 of the Noise and Vibration Control Act, and Article 39 of the Water Quality Conservation Act are cited in other Acts and
subordinate statutes at the time when this Act enters into force, each corresponding provision of this Act shall be deemed to be
cited respectively.
(2) If the provisions of the Development of and Support for Environmental Technology Act are cited in other Acts and subordinate statutes
at the time this Act enters into force, and if there are corresponding provisions in this Act, the corresponding provisions of this
Act shall be deemed to be cited in lieu of the former provisions.
ADDENDA <Act No. 6353, Jan. 16, 2001>
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted. ADDENDA <Act No. 6590, Dec. 31, 2001> Article 1 (Enforcement Date)
This Act shall enter into force on March 1, 2002. (Proviso Omitted.)
Articles 2 through 6 Omitted. ADDENDA <Act No. 6913, May 29, 2003> Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Businesses designated as green enterprises under the former provisions of Article 10-3 of the
Clean Air Conservation Act, Article 10-2 of the Water Quality Conservation Act, and Article
20 of the Noise and Vibration Control Act at the time this Act enters into force, shall be deemed to have been designated as green
enterprises under the amended provisions of Article 19-2.
ADDENDA <Act No. 7170, Feb. 9, 2004>
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 4 Omitted. ADDENDA <Act No. 7219, Sep. 23, 2004> Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation.
Articles 2 through 5 Omitted. ADDENDA <Act No. 7292, Dec. 31, 2004> Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted. ADDENDA <Act No. 7294, Dec. 31, 2004> Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Science and Technology)
(1) The Korea Institute of Environmental Science and Technology, an incorporated foundation at the time this Act enters into force,
may file for an application with the Minister of Environment for relevant approvals subject to a resolution of its board of directors
so that the Korea Institute of Environmental Science and Technology may succeed to all its rights and obligations.
(2) The Korea Institute of Environmental Science and Technology which is an incorporated foundation shall, when it has obtained the
approval of the Minister of Environment by filing an application under paragraph (1), be deemed to have been dissolved simultaneously
with the establishment of the Korea Institute of Environmental Science and Technology, notwithstanding the provisions concerning
dissolution and liquidation of an incorporated foundation under the Civil Act.
(3) The Korea Institute of Environmental Science and Technology shall succeed to all property, rights and obligations of the Korea
Institute of Environmental Science and Technology which is an incorporated foundation and for which the approval of the Minister
of Environment has been obtained by filing an application under paragraph (1).
ADDENDA <Act No. 7296, Dec. 31, 2004>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 7428, Mar. 31, 2005>
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted. ADDENDA <Act No. 7459, Mar. 31, 2005> Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 7820, Dec. 30, 2005>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. (2) (Transitional Measures Concerning
Application Period of Plan for Training Environment
Technical Professionals) The first application period of the plan for training environment technical professionals, which is formulated
pursuant to the amended provisions of Article 31 (1) after this Act enters into force, shall be the period from January 1, 2008 to
December 31, 2012.
ADDENDA <Act No. 8038, Oct. 4, 2006>
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Act No. 8216, Jan. 3, 2007>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 5-2 (6) shall enter into force on the date of its promulgation.
ADDENDA <Act No. 8369, Apr. 11, 2007>
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted. ADDENDA <Act No. 8371, Apr. 11, 2007> Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted. ADDENDA <Act No. 8404, Apr. 27, 2007> Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Act No. 8466, May 17, 2007>
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted. ADDENDA <Act No. 8852, Feb. 29, 2008> Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted. ADDENDA <Act No. 8957, Mar. 21, 2008> Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
If the former Development of and Support for Environmental Technology Act or the provisions thereof have been cited by other Acts and subordinate statutes at the time this Act enters into force, and if there are the provisions in this Act equivalent to such provisions, it shall be deemed that this Act or the equivalent provisions of this Act have been cited in lieu of the former provisions.
ADDENDA <Act No. 9335, Jan. 7, 2009>
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisons of Article 4 shall enter into force on the date of its promulgation.
(1) The Minister of Environment shall establish the Establishment Committee to carry out administrative affairs concerning the establishment
of the Korea Institute of
Environmental Industry and Technology within 30 days from the date of promulgation of this Act.
(2) The Establishment Committee shall be comprised of not more than ten members appointed or commissioned by the Minister of Environment,
and the chairperson shall be elected by mutual vote from among its members.
(3) The Establishment Committee shall prepare the articles of association of the Korea Institute of Environmental Industry and Technology
and obtain authorization thereof from the Minister of Environment.
(4) The president of the Korea Institute of Environmental Science and Technology appointed pursuant to the former provisions at the
time this Act enters into force shall be deemed to be appointed as the president of the Korea Institute of Environmental Industry
and Technology under this Act from the enforcement date of this Act, and other executives to be appointed for the first time shall
be appointed pursuant to Article 26 of the Act on the Management of Public Agencies. In such cases, the Establishment Committee
shall be deemed the Executives Recommendation Committee.
(5) The chairperson of the Establishment Committee shall, if the executives are appointed pursuant to paragraph (4), register the
establishment of the Korea Institute of Environmental Industry and Technology without delay on the enforcement date of this Act.
(6) When the Establishment Committee has completed registration pursuant to paragraph (5), it shall transfer its administrative affairs
to the president of the Korea Institute of Environmental Industry and Technology without delay, and the Establishment Committee
or its members shall be deemed to be dissolved, dismissed or decommissioned at the time the transfer of its administrative affairs
is completed.
(7) The Establishment Committee may be subsidized expenses to be incurred in preparation for the establishment of the Korea Institute
of Environmental Industry and Technology out of the budgets of the Korea Institute of Environmental Science and Technology and the
Korea Eco-Products Institute under Article 13 of the Promotion of Purchase of Environment-Friendly Products Act.
Science and Technology and Korea Eco-Products Institute)
(1) Notwithstanding the provisions concerning dissolution and liquidation of a corporation of the Civil Act, when the registration
of establishment of the Korea Institute of Environmental Industry and Technology has been completed pursuant to Article 2 (5) of
the Addenda, the Korea Institute of Environmental Science and Technology established
pursuant to the previous provisions of Article 5-2 at the time this Act enters into force and the Korea Eco-Products Institute established
pursuant to Article 13 of the Promotion of Purchase of Environment-Friendly Products Act shall be deemed to have been dissolved.
(2) All property, rights and duties of the Korea Institute of Environmental Science and Technology established pursuant to the previous
provisions of Article 5-2 at the time this Act enters into force and the Korea Eco-Products Institute established pursuant to Article
13 of the Promotion of Purchase of Environment-Friendly Products Act shall be comprehensively assumed and succeeded by the Korea
Institute of Environmental Industry and Technology simultaneously with its establishment.
(3) The names of the Korea Institute of Environmental Science and Technology and the Korea Eco-friendly Products Institute established
pursuant to Article 13 of the Promotion of Purchase of Environment-Friendly Products Act indicated in the registry of the property,
rights and duties comprehensively assumed and succeeded pursuant to paragraph (2), and other official documents and ledgers shall
be deemed to be the names of the Korea Institute of Environmental Industry and Technology simultaneously with its establishment.
(4) Any act conducted by the Korea Institute of Environmental Science and Technology established pursuant to the previous provisions
of Article 5-2 at the time this Act enters into force and the Korea Eco-Products Institute established pursuant to Article 13 of
the Promotion of Purchase of Environment-Friendly Products Act shall be deemed to be an act of the Korea Institute of Environmental
Industry and Technology, and any act toward the Korea Institute of Environmental Science and Technology and the Korea Eco- Products
Institute shall be deemed to be an act toward the Korea Institute of Environmental Industry and Technology.
Any staff member of the former Korea Institute of Environmental Science and Technology and the Korea Eco-Products Institute shall be deemed to have been appointed as a staff member of the Korea Institute of Environmental Industry and Technology.
ADDENDA <Act No. 9433, Feb. 6, 2009>
This Act shall enter into force on January 1, 2010.
Articles 2 through 11 Omitted. ADDENDA <Act No. 9685, May 21, 2009> Article 1 (Enforcement Date)
This Act shall enter into force enter into force six months after the date of its promulgation.
Articles 2 through 8 Omitted. ADDENDA <Act No. 9770, Jun. 9, 2009> Article 1 (Enforcement Date)
This Act shall enter into force enter into force on July 1, 2010. (Proviso Omitted.)
Articles 2 through 7 Omitted. ADDENDA <Act No. 9931, Jan. 13, 2010> Article 1 (Enforcement Date)
This Act shall enter into force from the date on which three months lapse after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted. ADDENDA <Act No. 10250, Apr. 12, 2010> Article 1 (Enforcement Date)
This Act shall enter into force enter into force six months after the date of its promulgation.
ADDENDA <Act No. 10550, Apr. 5, 2011>
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Act No. 10615, Apr. 28, 2011>
This Act shall enter into force from the date on which six months lapse after the promulgation of this Act.
A comprehensive plan for development of environmental technologies which is formulated before this Act enters into force under the former provisions shall be deemed a plan for the development of environmental technologies and promotion of environmental industry under the amended provisions of Article 3 (1).
Verification)
Notwithstanding the amended provisions of Article 7-3 (1), the effective term of technology verification which has been granted before the enforcement of this Act shall be deemed to be one year if not less than two years lapse after the receipt of the technology verification, two years if not less than one year but less than two years lapse, or three years if not less than one year lapses, each calculated retroactively from the date on which this Act enters into force.
Centers)
(1) Environmental technology development centers which have been designated under the former provisions at the time when this Act
enters into force shall be deemed to be designated as green environment support centers under the amended provisions of Article
10 (1) on the date on which this Act enters into force.
(2) Where an environmental technology development center which is deemed to be designated as a green environment support center under
paragraph (1) had received a regular evaluation under the former provisions of Article 10 (3) before this Act enters into force,
such center shall be deemed to have received a regular evaluation under the amended provisions of Article 10-2 (1) 1.
Facility Business)
A person who has registered a pollution control facility business under the former provisions at the time when this Act enters into force shall be deemed to have registered a specialized environment construction business under the amended provisions of Article 15.
An environment consulting company which has been registered with the Minister of Environment under the former provisions at the time when this Act enters into force shall be deemed an environment consulting company registered with the Mayor/Do Governor under the amended provisions of Article 16-4.
In cases where other Acts and subordinate statues cite the previous Development of and Support for Environmental Technology Act or the provisions thereof as at the time when this Act enters into force, it shall be deemed to have cited this Act or the relevant provisions of thereof in lieu of the invalidated Development of and Support for Environmental Technology Act or the provisions thereof, if there are provisions corresponding thereto in this Act.
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