Clean Air Conservation Act
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CLEAN AIR CONSERVATION ACT
Act No. 4262, Aug. 1, 1990 Amended by Act No. 4389, May 31, 1991 Act No. 4535, Dec. 8, 1992 Act No. 4561, Jun. 11, 1993 Act No. 4652, Dec. 27, 1993 Act No. 4714, Jan. 5, 1994 Act No. 5094, Dec. 29, 1995 Act No. 5096, Dec. 29, 1995 Act No. 5388, Aug. 28, 1997 Act No. 5453, Dec. 13, 1997 Act No. 5454, Dec. 13, 1997 Act No. 5871, Feb. 8, 1999 Act No. 5961, Apr. 15, 1999 Act No. 6262, Feb. 3, 2000 Act No. 6656, Feb. 4, 2002 Act No. 6826, Dec. 26, 2002 Act No. 6913, May 29, 2003 Act No. 7168, Feb. 9, 2004 Act No. 7170, Feb. 9, 2004
CHAPTER 1 GENERAL PROVISIONS
Article 1 (Purpose) The purpose of this Act is to enable all citizens to live in a healthy and comfortable environment through preventing danger and damage to the national health and environment due to air pollution, and managing and preserving properly the atmospheric environment.
Article 2 (Definitions) The definitions of the terms used in this Act shall be as follows:
1. The term “air pollutants” means gas or any granular or malodorous matter causing air pollution, which is prescribed by the Ordinance of the Ministry of Environment;
1. The term “air pollutants” means gas or any granular matter causing air pollution, which is prescribed by the Ordinance of the Ministry of Environment; (Enforcement Date ; February 10, 2005)
1-2. The term “matter inducing change in climate and ecosystem” means any gaseous matter which may cause any change of the ecosystem because the weather becomes warmer, and as prescribed by the Ordinance of the Ministry of Environment; 2. The term “gas” means any gaseous matter to be produced at the time of combustion, synthesis and decomposition of matter or by its physical nature;
3. The term “granular matter” means any solid or liquid fine matter produced when any substance is crushed, sorted, piled, reloaded, mechanically treated, burned, synthesized or decomposed;
4. The term “dust” means granular matter floating around or falling down in the air;
5. The term “exhaust fumes” means fine granular matter such as free carbon produced at the time of burning;
6. The term “soot” means granular matter condensed of free carbon produced at the time of burning, and the granule of which is larger than 1 micron in diameter;
7. The term “malodor” means a smell given out of hydrogen sulfide, mercaptans, amines, and other stimulative gaseous matters which stink and thus arouse unpleasant feelings and aversion;
7. Deleted.
8. The term “specified air noxious substance” means air pollutants which might directly or indirectly inflict any danger and injury to the human health and property or the growth and breeding of animals and plants, and which are prescribed by the Ordinance of the Ministry of Environment;
8-2. The term “volatile organic compound” means the petroleum chemical products, organic solvents, and other substances from among the hydrocarbon sort, which are published by the Minister of Environment in consultation with the heads of central administrative agencies;
9. The term “air pollutant emission facilities” means facilities, machines, apparatus and other things which emit air pollutants in the air, and which are prescribed by the Ordinance of the Ministry of Environment;
10. The term “air pollution preventive facilities” means facilities which eliminate or reduce air pollutants emitted out of air pollutant emission facilities, and which are prescribed by the Ordinance of the Ministry of Environment;
11. The term “motor vehicles” means automobiles as prescribed in subparagraph 1 of Article 2 of the Automobile Management Act and construction machines as prescribed in subparagraph 1 of Article 2 of the Construction Machinery Management Act, which are prescribed by the Ordinance of the Ministry of Environment; and
12. The term “additives” means chemical substances except any matter consisted only of carbon and hydrogen, which improve the performance of automobiles by adding small quantity to fuel of the automobiles, or reduce emissions of automobiles, and which are prescribed by the Ordinance of the Ministry of Environment.
Article 3 (Regular Measurement) (1) In order to grasp the actual conditions of air pollution throughout the country, the Minister of Environment shall install a measuring network, and measure at all times the degree of air pollution.
(2) In order to grasp the actual conditions of air pollution in the area under his jurisdiction, the Special Metropolitan City Mayor, Metropolitan City Mayor, or Do governor (hereinafter referred to as the “Mayor/Do governor”) shall create a measuring network, measure at all times the degree of air pollution, and file a report on the results of the measurements with the Minister of Environment under the conditions as prescribed by the Ordinance of the Ministry of Environment. Article 4 (Determination on Measuring Network Installation Program, etc.) (1) The Minister of Environment shall determine a measuring network installation program specifying the location and area of the measuring network as prescribed in Article 3 (1), notify it publicly under the conditions as prescribed by the Ordinance of the Ministry of Environment, and let any person inspect the drawing plot thereof. This provision shall also apply when he modifies it.
(2) The provisions of paragraph (1) shall apply mutatis mutandis to any case where the Mayor/Do governor installs the measuring network pursuant to the provisions of Article 3 (2).
(3) The State may provide necessary financial and technical assistance in implementing the plans, decided and published by the Mayor/Do governor pursuant to the provisions of paragraph (2), for creating the measuring network within a target period. Article 5 (Expropriation and Use of Land, etc.) (1) The Minister of Environment or the Mayor/Do governor may expropriate or use land, building or things fixed to the land, if required for installing the measuring network according to the measuring network installation program notified publicly under Article 4.
(2) The procedures, compensation for loss, etc. of expropriation or use as referred to in paragraph (1) shall be subject to the conditions as prescribed by the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor.
Article 6 (Relation with Other Acts) (1) When the Minister of Environment or the Mayor/Do governor has determined and notified publicly the measuring network installation program under Article 4, the permission for occupation and use of the road as prescribed in Article 40 of the Road Act shall be considered to have been granted.
(2) If the measuring network installation program as prescribed in Article 4 contains matters concerning permission for occupation and use of the road as referred to in paragraph (1), the Minister of Environment or the Mayor/Do governor shall consult with the head of the road management agency before the determination and its notification is made.
Article 7 (Official Air Pollution Test Method) For accuracy and uniformity of the measurement of the pollutants, the Minister of Environment shall determine the official air pollution test method and announce it publicly.
Article 7-2 (Air Pollution Warning) (1) If the degree of the air pollution exceeds the environmental standards for atmosphere as prescribed in Article 10 of the Framework Act on Environmental Policy (hereinafter referred to as the “environmental standards”), and it might cause any grave danger and injury to residents’ health and properties or animals’ or plants’ breeding and growth, the Mayor/Do governor may issue the air pollution warning to an affected area. If the cause by which the air pollution warning is given, disappears, the Mayor/Do governor shall remove it immediately.
(2) If it is deemed necessary for reducing urgently the air pollution in the area in which the air pollution warning is given, the Mayor/Do governor may order restrictions on the operation of automobiles, reduction of operation in business places, etc. or take other necessary measures, in an affected area for a period fixed.
(3) Any person who is ordered under paragraph (2), the restriction on the operation of motor vehicles, the reduction of working hours in business places, etc., shall comply with it, unless there is any justifiable reason.
(4) Matters necessary for the areas and substances which are the object of the air pollution warning, for the criteria of its issue, for its step, and things to be done in each step, measures to be taken by warning step, etc. shall be determined by the Presidential Decree.
Article 7-3 (Repression of Discharge of Matter Inducing Change in Climate and Ecosystem) In order to reduce the emission of matter inducing any change in climate and ecosystem, the Government shall participate positively in the international efforts, such as interchanging the information on environment and techniques among nations, and consider the measures, such as research, study, recovery, recycling, development of substitutes, etc. to reduce the emission of matter inducing any change in climate and ecosystem.
CHAPTER 2 REGULATION OF AIR POLLUTANTS EMISSION FROM BUSINESS PLACE, ETC.
Article 8 (Permissible Emission Standards) (1) The permissible emission standards of air pollutants (hereinafter referred to as the “pollutants”) emitted from air pollutant emission facilities (hereinafter referred to as the “emission facilities”) shall be determined by the Ordinance of the Ministry of Environment.
(2) The Minister of Environment shall, upon determining the Ordinance of the Ministry of Environment as referred to in paragraph (1), consult with the heads of the central administrative agencies concerned.
(3) When it is deemed difficult to maintain the regional environmental standards as prescribed in Article 10 (3) of the Framework Act on Environmental Policy, or when it is deemed necessary to improve atmospheric quality within the air environment regulation area under the provisions of Article 8-3, the Special Metropolitan City, Metropolitan City or Do (hereinafter referred to as the “City/Do”) may set, by the Municipal Ordinances of relevant City/Do, the permissible emission standards further intensified than those under paragraph (1) (including any addition of standard items and the time of applying the standards): Provided, That this is limited to the case where the authority of the Minister of Environment as prescribed in Articles 10, 14, 16, 19, 20 and 20-2 is delegated to the Mayor/Do governor under the provisions of Article 54 (1).
(4) If the permissible emission standards as referred to in paragraph (3) are established or modified, the Mayor/Do governor shall report it to the Minister of Environment and take any measures necessary for making the interested persons know it.
(5) If it is deemed necessary for preventing air pollution in the special measures area as prescribed in Article 22 of the Framework Act on Environmental Policy (hereinafter referred to as the “special measures area”), the Minister of Environment may determine more strict permissible emission standards than those as referred to in paragraph (1), for any emission facilities installed in such area, and he may determine the special permissible emission standards for any emission facilities installed newly in such area.
(6) If there is any area where the permissible emission standards as prescribed by the Municipal Ordinances under paragraph (3) are not applied, within the City/Do where the standards concerned apply, the permissible emission standards as prescribed by the Municipal Ordinances shall apply even to the emission facilities installed or to be installed in such area.
Article 8-2 (Survey of Emission Source and Quantity of Air Pollutants) (1) The Minister of Environment shall survey nationwide emission sources and quantities of air pollutants to work out and implement rationally a comprehensive mid-term plan to improve environment under the provisions of Article 5 of the Environmental Improvement Expenses Liability Act.
(2) The Mayor/Do governor and the heads of local environment agencies shall survey the emission sources and quantities of air pollutants including emission facilities, etc. in areas under their jurisdiction as prescribed by the Ordinance of the Ministry of Environment.
(3) The Minister of Environment or the Mayor/Do governor may ask the heads of administrative agencies concerned to furnish data or provide assistance necessary to survey the emission sources and quantities of air pollutants pursuant to the provisons of paragraphs (1) and (2). In this case, the heads of administrative agencies concerned shall comply with such request unless there are reasons that make them unable to do so. Article 8-3 (Designation of Air Environment Regulation Area) (1) The Minister of Environment may designate and announce publicly areas as air environment regulation areas, which are feared to exceed the air environment standards and are deemed to be required to improve air quality as prescribed by the Ordinance of the Ministry of Environment.
(2) In designating and publicly announcing air environment regulation areas pursuant to the provisions of paragraph (1), the Minister of Environment may, when the influx of air pollutants from a nearby area is deemed to have a great impact on the excess of the environment standards in light of the topography and weather conditions, include such nearby area in the air environment regulation areas after listening to the opinion of the Mayor/Do governor who has jurisdiction over such nearby area.
(3) The Mayor/Do governor who has jurisdiction over the air environment regulation areas shall draw up and implement a plan (hereinafter referred to as an “implementation plan”) for attaining and maintaining the environment standards in the air environment regulation areas within 2 years from the date of designation and publication after obtaining approval from the Minister of Environment. In this case, matters concerning the contents of the implementation plan and procedures for shaping such plan shall be prescribed by the Ordinance of the Ministry of Environment.
(4) When the Minister of Environment intends to approve such implementation plan under paragraph (3), he shall consult in advance with the heads of central administrative agencies concerned, and when he approves such plan, he shall publish it.
(5) The head of the central administrative agency concerned may provide any necessary financial and technical assistance so that the practical plan can be attained within the target period.
(6) The Minister of Environment may, where the Mayor/Do governor having jurisdiction over an air environment regulation area fails to work out and implement an implementation plan, take measures to cut environment-related subsidies from the State or suspend the payments of such subsidies to the local governments concerned or ask the heads of central administrative agencies concerned to take such measures. In this case, the heads of the central administrative agencies concerned shall comply with such request unless there are special reasons for not go along with such request.
Article 9 (Regulation in Total Quantity) (1) With respect to any zone in which the air pollution exceeds the environmental standards, and it might cause any serious danger or injury to the health or property of residents or the growth and breeding of animals and plants, or zones of special measures areas, in which many business places are formed closely, the Minister of Environment may regulate in total quantity of emitted pollutants from such business places in such zones.
(2) Items and methods of regulation in total quantity as referred to in paragraph (1), and other necessary matters shall be determined by the Ordinance of the Ministry of Environment.
Article 10 (Permission and Report on Installation of Emission Facilities) (1) Any person who desires to install the emission facilities shall obtain the permission of, or make the report to, the Minister of Environment, under the conditions as prescribed by the Presidential Decree.
(2) If a person who has obtained the permission under paragraph (1), desires to modify such important matters of the permitted ones as determined by the Presidential Decree, he shall obtain the permission on modification, and if he desires to modify other matters, he shall make a report on the modification.
(3) If a person who has made the report under paragraph (1) desires to modify the reported matters, he shall make a report for the modification under the conditions as prescribed by the Ordinance of the Ministry of Environment.
(4) In case where any person who wishes to obtain permission or permission on modification, or make a report or a report on the modification under paragraphs (1) through (3), falls under any of the provisos of Articles 11 (1), 12 (1), 26 (3) and 27, and in case where he intends to install or modify the joint preventive facilities as referred to in Article 13, he shall present documents as prescribed by the Ordinance of the Ministry of Environment. (5) Criteria for permission or permission on modification under paragraphs (1) and (2) shall be prescribed by the Presidential Decree.
(6) If it is deemed difficult to maintain the environmental standards, or it is deemed that it might cause any grave danger or damage to the health and property of residents and the growth and breeding of animals and plants, due to some specified air noxious substance emitted from the emission facilities or air pollutants emitted from the emission facilities in the special measures area, the Minister of Environment may restrict the installation of the emission facilities emitting the specified air noxious substance or the installation of any emission facilities in the special measures area, under the conditions as prescribed by the Presidential Decree.
Article 10-2 (Legal Fiction of Permission, etc. under Other Acts and Subordinate Statutes) (1) Where any person intending to install the emission facilities has obtained a permission or permission on the modification for installing the emission facilities or made a report or report on the modification under Article 10 (1) through (3), it shall be deemed that he has obtained a permission or permission on the modification falling under each of the following subparagraphs related to the relevant emission facilities, or made a report or report on the modification:
1. Permission for an installation of, or permission on the modification for the emission facilities, or a report or report on the modification under Article 10 (1) through (3) of the Water Quality Conservation Act; and
2. Permission for an installation of emission facilities, or a report or report on the modification under Article 9 (1) or (2) of the Noise and Vibration Control Act.
(2) Where the Minister of Environment intends to grant an installation permission or permission on the modification for the emission facilities which contain the matters falling under any subparagraph of paragraph (1), he shall hold a consultation with the head of related administrative agency having the authority for permission or report falling under any subparagraph of the same paragraph. Article 10-3 Deleted.
Article 11 (Installation, etc. of Preventive Facilities) (1) If a person who has obtained the permission or permission on modification, or who has made the report or the report of modification, as prescribed in Article 10 (1) through (3) (hereinafter referred to as the “businessman”) installs or modifies the emission facilities, he shall install air pollution preventive facilities (hereinafter referred to as the “preventive facilities”) so that the pollutants emitted from the said emission facilities are less than the permissible emission standards as prescribed in Article 8, except in case where it is conformed to such standards as determined by the Presidential Decree.
(2) Any person who installs and operates any emission facilities without installing the preventive facilities under the proviso of paragraph (1), shall observe such matters as settled by the Ordinance of the Ministry of Environment (hereinafter referred to as the “matters to be observed”) in regard to the management of the emission facilities.
(3) If the person who installs and operates any emission facilities without installing the preventive facilities under the proviso of paragraph (1), violates the matters to be observed as referred to in paragraph (2), the Minister of Environment may revoke permission or permission on modification under Article 10 (1) through (3), or order the emission facilities to be closed.
(4) Deleted.
Article 11-2 (Succession, etc. to Right and Duty) (1) If a businessman transfers any emission or preventive facility, or is dead, or if juristic persons are merged, the transferee, successor or juristic person who continues to exist after the merger or is newly established by the merger, shall succeed to the right and duty of the businessman incidental to the permission, the permission of change, the report or the report on change.
(2) Deleted.
Article 12 (Design and Work Execution of Preventive Facilities) (1) The installation or the alteration of preventive facilities shall be designed and executed by a person who has registered preventive facilities business under Article 18 (1) of the Development of and Support for Environmental Technology Act (hereinafter referred to as the “preventive facilities businessman”): Provided, That this shall not apply to the case where the preventive facilities as prescribed by the Ordinance of the Ministry of Environment are installed, and where the businessman designs and executes himself the preventive facilities under the conditions as prescribed by the Ordinance of the Ministry of Environment.
(2) Deleted.
Article 13 (Installation, etc. of Joint Preventive Facilities) (1) Any businessman in an industrial complex or other areas where lots of business places are formed closely, may install some joint preventive facilities to treat jointly pollutants emitted from emission facilities. In this case, each businessman shall be considered to have installed preventive facilities for such pollutants in his business place.
(2) Deleted.
(3) Any businessman shall, in installing and operating joint preventive facilities, establish an operating institute for such facilities, and assign a representative to the institute.
(4) The permissible emission standards for joint preventive facilities may be determined by different standards from those as prescribed in Article 8, and such permissible emission standards and matters necessary for the installation and the operation of joint preventive facilities shall be determined by the Ordinance of the Ministry of Environment.
Article 14 (Report on Commencement of Operation of Emission Facilities, etc.) (1) If a businessman desires to operate the emission or preventive facilities after completing the installation of such facilities, or the modification of the emission facilities (in case that the modification is made after making the report for it, it is limited to the modification not less than such scale as determined by the Presidential Decree), he shall submit in advance the report for the commencement of operation, to the Minister of Environment, under the conditions as prescribed by the Ordinance of the Ministry of Environment.
(2) In case of the facilities as prescribed by the Presidential Decree, such as the facilities to decrease the nitrous oxide in a power plant from among the emission facilities or preventive facilities reported under paragraph (1), the provisions of Articles 16, 17 and 19 shall not apply during the period as set by the Ordinance of the Ministry of Environment.
(3) Deleted.
(4) Deleted.
(5) Deleted.
Article 15 (Operation of Emission and Preventive Facilities) (1) No businessman (including the representative of the joint preventive facilities as prescribed in Article 13 (3)) shall, in operating the emission and preventive facilities, commit the following acts:
1. Act of operating no preventive facilities when the emission facilities are in operation or emitting pollutants discharged from emission facilities, mixed with air, to lower the degree of pollution; 2. Act of installing an air regulator, branch emission pipes, etc. to emit pollutants without passing through the preventive facilities: Provided, That, in the case that they have obtained the installation permission of emission facilities as such facilities as prescribed by other Acts and subordinate statutes for preventing any safety accident, such as fire, explosion, etc.;
3. Act of not repairing emission or preventive facilities which leak pollutants due to their corrosion and abrasion without any justifiable reasons;
4. Act of leaving any trouble or damage of machines and tools belonging to the preventive facilities, without any justifiable reason; and
5. Act of discharging pollutants in excess of the permissible emission standards for the reason that the emission and preventive facilities are not operated law_contently without any justifiable reason.
(2) The businessman shall, upon operation, record the situation of the operation of emission and preventive facilities as it is, and keep it, under the conditions as prescribed by the Ordinance of the Ministry of Environment.
(3) through (6) Deleted.
Article 15-2 (Attachment of Measuring Devices, etc.) (1) A business operator shall take necessary measures to attach measuring devices, etc. to confirm whether pollutants discharged by emission facilities are in consistence with the permissible emission standards under the provisions of Articles 8 and 13 (4) and to operate properly both the emission and preventive facilities.
(2) Necessary matters concerning kinds and standards, etc. of the measures referred to in paragraph (1) shall be prescribed by the Presidential Decree.
(3) Any business operator who has attached such measuring devices pursuant to the provisions of paragraph (1) shall be prohibited from carrying out the act falling under any of the following subparagraphs in operating such measuring devices:
1. The act of not operating deliberately the measuring devices when the emission facilities are in operation or preventing such measuring devices from operating properly;
2. The act of not repairing the measuring devices which do not operate law_contently due to corrosion, abrasion, breakdown or damage; and
3. The act of leaving out measuring results by manipulating the measuring devices or compiling false measuring results.
(4) The business operator who has attached the measuring devices under the provisions of paragraph (1) shall observe the operation and management standards for the measuring devices as prescribed by the Ordinance of the Ministry of Environment to sustain the credibility and correctness of such measuring devices.
(5) With respect to any business operator who has failed to observe the operation and management standards referred to in paragraph (4), the Minister of Environment may order him to take measures necessary to operate and manage the measuring devices in conformity with such standards for a fixed period as prescribed by the Presidential Decree.
(6) Where the business operator under an order given pursuant to the provisions of paragraph (5) fails to do as he is ordered, the Minister of Environment may order the operation of the emission facilities concerned is suspended in whole or in part.
(7) The Minister of Environment may operate a computer network which is capable of electronically processing measuring results by linking itself to the measuring devices attached by the business operator under the provisions of paragraph (1) and offer technical assistance to the business operator to help him technically so as to be able to maintain and manage such measuring devices. Article 16 (Order of Improvement) If the Minister of Environment deems that the degree of pollutants emitted from emission facilities in operation after the report as prescribed in Article 14, exceeds the permissible emission standards as prescribed in Article 8 or 13 (4), he may order the businessman (including the representative of the joint preventive facilities as prescribed in Article 13 (3)) to take any necessary measures so that the degree of such pollutants falls under the permissible emission standards (hereinafter referred to as the “order of improvement”) within some period fixed under the conditions as prescribed by the Presidential Decree.
Article 17 (Order, etc. to Suspend Operation) (1) If a person who received the order of improvement under Article 16, fails to comply with it, or he has fulfilled the order in the prescribed period, but it is found to keep on exceeding the permissible emission standards as prescribed in Article 8 or 13 (4), the Minister of Environment may order a suspension of operation for the whole or some part of the emission facilities.
(2) In case where the Minister of Environment deems that the danger and injury against the residents’ health and the damages to the environment due to air pollution are critical, he may immediately order to the emission facilities any restriction of operation hours, a suspension of operation and other necessary measures.
Article 18 Deleted.
Article 19 (Emission Dues) (1) In order to prevent or reduce the damages to the air environment due to the air pollutants, the Minister of Environment shall impose and collect the emission dues on and from those businessmen emitting the air pollutants (including those who install and operate the joint preventive facilities under Article 13), and those who install or alter the emission facilities without obtaining the permission or permission on modification, or making the report or report on modification, as prescribed in Article 10 (1) through (3). In this case, types, calculation method and criteria shall be determined by the Presidential Decree.
(2) Upon imposing the emission dues under paragraph (1), the following matters shall be taken into consideration:
1. Whether or not the pollutants exceed the permissible emission standards;
2. The kinds of the emitted pollutants;
3. The emission period of the pollutants;
4. The emission quantity of the pollutants;
4-2. Whether or not the self-measurement under Article 22 is made; and
5. Other things related to the pollution or the improvement of the air environment, which are prescribed by the Ordinance of the Ministry of Environment.
(3) Any person falling under any of the following subparagraphs, not withstanding the provisions of paragraph (1), shall be exempted from the imposition of emission dues referred to in the provisions of paragraph (1) as prescribed by the Presidential Decree:
1. The business operator who operates the emission facilities using fuel prescribed by the Presidential Decree;
2. The business operator who installs the optimum preventive facilities prescribed by the Presidential Decree; and
3. The person who operates military facilities designated by the Minister of Environment after consultations with the Minister of National Defense as prescribed by the Presidential Decree. (4) Any person falling under any of the following subparagraphs may be abated or exempted from the emission dues under the provisions of paragraph (1). In this case, the abatement or exemption of the emission dues for the business operator under the provisions of subparagraph 2 shall be an amount equivalent to or less than the amount of disposal expenses borne by the business operator under the relevant Act:
1. The business operator who operates the emission facilities which are smaller than the size prescribed by the Presidential Decree; and
2. The business operator who bears the cost of treating air pollutants under other Acts.
(5) If a person who is liable for payment of the emission dues as referred to in paragraph (1), fails to pay it in the specified term, the Minister of Environment shall collect the additional dues.
(6) With respect to the additional dues as referred to in paragraph (5), the provisions of Articles 21 and 22 of the National Tax Collection Act shall be applicable mutatis mutandis.
(7) The emission dues as referred to in paragraph (1) and the additional dues as referred to in paragraph (5) shall be the revenue of the special accounts for environment improvement under the Act on the Special Accounts for Environment Improvement.
(8) In case where the Minister of Environment delegates to the Mayor/Do governor the authority to collect the emission dues and the additional dues in the area under his jurisdiction in accordance with the provisions of Article 54, he may grant, as expenses for collection, part of collected emission dues or additional dues under the conditions as prescribed by the Presidential Decree.
(9) If a person liable for payment of the emission dues or the additional dues fails to pay it within the prescribed period, the Minister of Environment or the Mayor/Do governor as referred to in paragraph (8) shall collect it according to the examples for the disposition of national or local taxes in arrears.
Article 20 (Revocation, etc. of Permission) (1) If a businessman falls under any of the following subparagraph, the Minister of Environment may revoke the permission on installation or alteration of the emission facilities, and order him to close such facilities, or to suspend the operation of such facilities within a period not exceeding six months fixed:
1. When he has obtained the permission or permission of change, or made the report or report on change through any deceitful or other unlawful ways;
2. When he violates this Act or an order determined under this Act; and
3. When he commits any act falling under subparagraphs of Article 15 (1).
(2) Deleted.
Article 20-2 (Disposition of Penalty Surcharge) (1) In the case that a suspension of operation is to be ordered under Article 20 to any businessman who installs and operates the emission facilities falling under any of the following subparagraphs, if it is deemed that the suspension of operation might cause a remarkable impediment to the livelihood of residents, national economy such as foreign credit, employment, and prices or other public interests, the Minister of Environment may impose the penalty surcharge not exceeding two hundred million won instead of disposing operational suspension:
1. The emission facilities of the medical institutions as prescribed by the Medical Service Act; 2. The cooling and heating facilities of the social welfare facilities and the apartment houses;
3. The electricity generating equipment of the power plants;
4. The collective energy facilities as prescribed by the Integrated Energy Supply Act;
5. The emission facilities of the schools as prescribed by the Elementary, Secondary Education Act and the Higher Education Act;
5-2. The emission facilities of manufacturing industry; and
6. Other emission facilities as prescribed by the Presidential Decree.
(2) The amount of the penalty surcharge proportionate to the categories, the degree, etc. of the offenses on which the penalty surcharge as referred to in paragraph (1) is imposed, and other necessary matters, shall be determined by the Ordinance of the Ministry of Environment.
(3) If the businessman fails to pay the penalty surcharge as referred to in paragraph (1) until the time limit of payment, the Minister of Environment shall collect it according to the examples for the disposition of the national taxes in arrears.
(4) The penalty surcharge collected under paragraph (1) shall be credited as revenue of the special accounts for environment improvement as prescribed by the Act on the Special Accounts for Environment Improvement.
(5) The provisions of Article 19 (8) shall be applicable mutatis mutandis to the grant of the expenses for collection, if the authority of the Minister of Environment concerning the imposition and collection of the penalty surcharge is delegated to the Mayor/Do governor under Article 54.
Article 21 (Measures of Closure, etc. of Unlawful Facilities) (1) The Minister of Environment shall order a suspension of use for the emission facilities to any person who installs or uses the emission facilities without obtaining the permission, or making the report, as prescribed in Article 10 (1) through (3): Provided, That if it is deemed that even though the emission facilities are improved, or the preventive facilities are installed or improved, there is no possibility of making the degree of pollutants emitted from them fall below the permissible emission standards as prescribed in Article 8, or if it is banned to install such emission facilities at the installation place according to the provisions of other Acts, the Minister of Environment shall order him to close the emission facilities.
(2) Deleted.
Article 22 (Self-Measurement) (1) When a businessman operates his emission facilities, he shall make a self-measurement of emitted pollutants, or have a measuring agent under Article 17 of the Development of and Support for Environmental Technology Act make the measurement, and then record the results as they are, and keep them under the conditions as prescribed by the Ordinance of the Ministry of Environment.
(2) The objects, the items and the methods of measurement, and other things necessary for measurement shall be prescribed by the Ordinance of the Ministry of Environment.
Article 23 Deleted.
Article 24 (Environment Engineer) (1) The businessman shall appoint an environment engineer for the purpose of law_content operation and management of emission and preventive facilities, and report it to the Minister of Environment. This provision shall also apply in case where an environment engineer is appointed by replacement. (2) The environment engineer shall direct and control those who operate the emission and preventive facilities, so as not to violate this Act or any order determined under this Act, and to observe such matters to be observed as determined by the Ordinance of the Ministry of Environment, such as management of such facilities so as to be operated law_contently.
(3) The businessman shall control matters to be managed by the environment engineer, such as making the engineer comply thoroughly with the matters to be observed.
(4) The businessman and those who operate emission and preventive facilities, shall not interfere with activities of the environment engineer for his law_content operation and management thereof, and if they receive any request necessary for service from the engineer, they shall comply with it unless there is any justifiable reason.
(5) The scope of business place where an environment engineer is assigned under paragraph (1), and the standards of his qualification and the period of his appointment (including appointment by replacement) for such engineer, shall be determined by the Presidential Decree.
Article 25 Deleted.
CHAPTER 3 REGULATION OF AIR POLLUTANTS EMISSION IN LIVING ENVIRONMENT
Article 26 (Standards of Sulfur Content in Oil for Fuel and Other Fuels) (1) The Minister of Environment may determine the permissible standards of sulfur content (hereinafter referred to as “sulfur content standards”) for such kinds as oil for fuel and other fuels after consulting with the head of the central administrative agency concerned.
(2) With respect to the fuel of which sulfur content standards are determined under paragraph (1), the Minister of Environment may determine the scope of its supply area or its use facilities under the conditions as prescribed by the Presidential Decree, and request the head of the central administrative agency concerned to supply those fuels needed to such area or use facilities.
(3) Any person who intends to supply or sell fuel to the supply area or use facilities or to use fuel in such area and facilities under paragraph (2) shall be prohibited from supplying, selling or using fuel in excess of the sulfur content standards: Provided, That the same shall not apply to the case where any permission or permission on the modification for installing the emission facilities or permission for modification has been obtained, or any report or report on modification has been made under Article 10, under the conditions as stipulated by the Ordinance of the Ministry of Environment, with respect to the emission facilities using the fuel in excess of the sulfur content standards.
(4) For any person who supplies, sells or uses fuel in excess of the sulfur content standards to the areas and facilities whereto the fuel under paragraph (2) is supplied (excluding the case falling under the proviso of paragraph (3)), the Minister of Environment or the Mayor/Do governor (those subject to any prohibition or limitation, or to any order for measures, by the Mayor/Do governor, shall be limited to the business places other than those as prescribed by the Presidential Decree; hereafter in Articles 27 and 28, the same shall apply) may prohibit or restrict any supply, sale or use of the fuel, or order any necessary measures, under the conditions as prescribed by the Presidential Decree.
Article 27 (Regulation of Manufacture, Use, etc. of Fuel) If it is deemed necessary especially for preventing air pollution caused by use of fuel, the Minister of Environment or the Mayor/Do governor may prohibit or restrict its manufacture, sale or use of such fuel, or order any necessary measures, after consulting with the head of the central administrative agency concerned, under the conditions as prescribed by the Presidential Decree: Provided, That this shall not apply to those who use the fuel concerned after obtaining an approval from the Minister of Environment or the Mayor/Do governor, under the conditions as prescribed by the Presidential Decree. Article 28 (Regulation of Scattering Dust) (1) Any person who desires to run a business which produces dust emitting directly to the air without passing any specific outlet (hereinafter referred to as “scattering dust”) and which is prescribed by the Presidential Decree, shall report it to the Minister of Environment or the Mayor/Do governor under the conditions as prescribed by the Ordinance of the Ministry of Environment, and install facilities to restrain scattering dust from producing, or take any necessary measures. The same shall apply to the case where he intends to alter the reported matters.
(2) If facilities for restraining production of scattering dust are not installed, or no necessary measures are taken as referred to in paragraph (1), or if the facilities or the measures are deemed unfit, the Minister of Environment or the Mayor/Do governor may order the person running business to install or improve such necessary facilities or to take such measures.
(3) The Minister of Environment or the Mayor/Do governor may order the person who fails to comply with the order as referred to in paragraph (2), to stop the business, or to discontinue or restrict the use of such facilities.
Article 28-2 (Regulation of Volatile Organic Compound) (1) Any person who intends to install facilities emitting volatile organic compound, which are prescribed by the Presidential Decree, in the special measures area or the air environment regulation area under the provisions of Article 8-3 (1) (limited to the case where the implementation plan is published pursuant to the provisons of Article 8-3 (4); hereinafter referred to as “air environment regulation area”) shall file a report thereon to the Minister of Environment or the Mayor/Do governor (limited to business places other than those prescribed by the Presidential Decree, in case of the Mayor/Do governor; hereafter the same shall apply in this Article and Article 30) under the conditions as prescribed by the Ordinance of the Ministry of Environment.
(1) Any person who intends to install facilities emitting volatile organic compound, which are prescribed by the Presidential Decree, in the special measures area or the air environment regulation area under the provisions of Article 8-3 (1) (limited to the case where the implementation plan is published pursuant to the provisons of Article 8-3 (4); hereinafter referred to as “air environment regulation area”) shall file a report thereon to the Minister of Environment or the Mayor/Do governor (limited to business places other than those prescribed by the Presidential Decree, in case of the Mayor/Do governor; hereafter the same shall apply in this Article) under the conditions as prescribed by the Ordinance of the Ministry of Environment. (Enforcement Date : February 10, 2005)
(2) Where the person who has filed a report under paragraph (1) intends to alter any of the reported matters, which is stipulated by the Ordinance of the Ministry of Environment, he shall file a report on the alteration.
(3) Any person who desires to install the facilities as referred to in paragraph (1), shall take any measures to prevent any damage to the air environment from emission of any volatile organic compound, such as the installation of facilities deterring or preventing the emission of the volatile organic compound.
(4) Matters necessary for the standards, etc. of the installation of the facilities to deter or prevent the emission of the volatile organic compound as referred to in paragraph (3), shall be determined by the Ordinance of the Ministry of Environment.
(5) The City/Do may set the standards further intensified than those under paragraph (4) by the Municipal Ordinance of the relevant City/Do. (6) Where there exists any facility within the City/Do whereto the standards intensified under paragraph (5) are applied for which an installation report has been made or is intended to be made to the Minister of Environment, the standards intensified under paragraph (5) shall be also applied to the facilities to deter or prevent any volatile organic compound of the relevant facilities.
(7) The Minister of Environment or the Mayor/Do governor may order any person who violates the provisions of paragraph (3), to take any necessary measures, such as the improvement of the facilities emitting the volatile organic compound or those for deterring or preventing such emission.
Article 28-3 (Regulation on Existing Facilities Emitting Volatile Organic Compound) (1) At the time of designation and public announcement of a special measures area or an air environment regulation area (referring to a public announcement of the implementation plan under Article 8-3 (4) in the case of an air environment regulation area; hereafter in this paragraph, the same shall apply), any person who operates the facilities emitting the volatile organic compound in the relevant areas shall file a report under Article 28-2 (1) within 3 months from the date of designation and public announcement as the special measures area or the air environment regulation area, and take the measures under Article 28-2 (3) within 1 year from the date of designation and public announcement as the special measures area or the air environment regulation area.
(2) Where any volatile organic compound is additionally published, any person who operates the facilities emitting the said additional volatile organic compound within the special measures area or the air environment regulation area shall file a report under Article 28-2 (1) within 3 months from the date of additional public announcement of such compound, and take the measures under Article 28-2 (3) within 1 year from the date of additional public announcement of such compound.
(3) When any person who has filed a report under paragraph (1) or (2) intends to alter the reported matters, he shall file a report on the alteration under Article 28-2 (2).
(4) Notwithstanding the provisions of paragraphs (1) and (2), where it falls under any causes as prescribed by the Presidential Decree, such as the case where any special technology is required for the measures under Article 28-2 (3), the period for the said measures may be extended within the limit of 1 year by obtaining an approval from the Minister of Environment or the Mayor/Do governor.
(5) The provisions of Article 28-2 (7) shall apply mutatis mutandis to the case where the measures under paragraph (1), (2) or (4) are not taken within the period under each paragraph.
Article 29 (Prohibition of Incineration of Malodorants) Any substance producing malodor, such as rubber, leather, synthetic resin sort, waste oil sort, animal’s body, and by-products thereof, shall not be incinerated in the open air, but in such adequate incineration facilities as prescribed by the Ordinance of the Ministry of Environment.
Article 29 Deleted.
Article 30 (Regulation of Living Malodor) (1) Any person who possesses or manages facilities causing malodor (hereinafter referred to as “living malodor facilities”) which are prescribed by the Ordinance of the Ministry of Environment shall take measures as prescribed by the Ordinance of the Ministry of Environment, including installing malodor-elimination facilities, to prevent such malodor-causing facilities from damaging the pleasant residence life of residents. (2) Where a person who possesses or manages living malodor facilities fails to take the measures under the provisions of paragraph (1) or such measures are deemed inappropriate, the Minister of Environment or the Mayor/Do governor may order him to implement necessary measures to eliminate or curb the malodor from such facilities by fixing the period under the conditions as prescribed by the Presidential Decree.
Article 30 Deleted.
CHAPTER 4 REGULATION OF AUTOMOBILE EXHAUST GAS
Article 31 (Permissible Exhaust Standards, etc. of Manufactured Car) (1) Any person who desires to manufacture (including to import; hereinafter the same shall apply) motor vehicles (hereinafter referred to as “motor vehicle manufacturer”), shall manufacture them in such manner that the pollutants (limited to the ones as prescribed by the Presidential Decree; hereinafter referred to as “exhaust gas”) emitted from the motor vehicles (hereinafter referred to as “manufactured cars”) are fit to the permissible standards as determined by the Ordinance of the Ministry of Environment (hereinafter referred to as “permissible exhaust standards of manufactured cars”).
(2) The Minister of Environment shall, in determining the Ordinance of the Ministry of Environment as referred to in paragraph (1), consult with the heads of the central administrative agencies concerned.
(3) The emission of the exhaust gases by the manufactured cars shall be maintained to be fitting to the permissible exhaust standards of manufactured cars for the period as determined by the Ordinance of the Ministry of Environment (hereinafter referred to as “exhaust gas guarantee period”).
Article 31-2 (Support for Technology Development, etc.) (1) The State may provide financial and technical support necessary for the technological development or manufacturing of facilities, etc. falling under each of the following subparagraphs to reduce air pollution caused by cars:
1. Pollution-free and low-pollution cars and facilities supplying fuel to such cars prescribed by the Ministry of Environment;
2. Devices designed to reduce exhaust gas, which are prescribed by the Minister of Environment; and
3. Pollution-free engines or low-pollution engines.
(2) The Minister of Environment may subsidize part of expenses necessary for the technological development or manufacturing of facilities, etc. under the provisons of paragraph (1) using financial resources of the special account for environment improvement under the Act on the Special Accounts for Environment Improvement.
Article 32 (Authentication on Manufactured Cars) (1) If a motor vehicle manufacturer desires to manufacture any motor vehicles, he shall obtain in advance the authentication from the Minister of Environment, that the emission of the exhaust gases by the motor vehicles concerned may be maintained to fit to the permissible exhaust standards of manufactured cars for the exhaust gas guarantee period: Provided, That the Minister of Environment may exempt or omit the authentication for such motor vehicles as prescribed by the Presidential Decree.
(2) If a motor vehicle manufacturer desires to modify the contents of authentication for a motor vehicle authenticated under paragraph (1), he shall obtain a modified authentication. (3) Matters necessary for the application for, the testing and the testing fee, method of, exemption from, and omission of the authentication as referred to in paragraphs (1) and (2) shall be determined by the Ordinance of the Ministry of Environment.
Article 32-2 (Transfer, Acquisition, etc. of Authentications) Where a motor vehicle manufacturer transfers his business or dies or a merger of corporations takes places, a transferee, a successor, a corporation surviving such merger or a corporation newly established by such merger shall succeed the motor vehicle manufacturer’s rights and obligations with respect to authentications and altered authentications pursuant to the provisions of Article 32.
Article 33 (Inspection, etc. on Permissible Exhaust Standards of Manufactured Cars) (1) In order to ascertain whether or not the exhaust gases of motor vehicles manufactured with the authentication as prescribed in Article 32 are fitted to the permissible exhaust standards of manufactured cars as prescribed in Article 31, the Minister of Environment shall make an inspection under the conditions as prescribed by the Presidential Decree.
(2) Where a motor vehicle manufacturer conducts inspections using its manpower and equipment prescribed by the Ordinance of the Ministry of Environment in a manner consistent with inspection methods and procedures determined by the Minister of Environment, the inspection referred to in paragraph (1) may be omitted as prescribed by the Presidential Decree.
(3) If it is required especially to make an inspection as referred to in paragraph (1), the Minister of Environment may make the inspection using equipment of the motor vehicle manufacturer or at the place as designated separately, under the conditions as prescribed by the Ordinance of the Ministry of Environment.
(4) Expenses required for the inspection under the provisions of paragraph (1) and Article 34 shall be borne by the motor vehicle manufacturer concerned.
(5) The detailed matters necessary for an inspection, such as methods, procedures, etc. of the inspection as referred to in paragraph (1), shall be determined and announced publicly by the Minister of Environment.
(6) Where a motor vehicle manufacturer fails to get his car to pass the inspection under the provisions of paragraph (1), the Minister of Environment may order the motor vehicle manufacturer to halt selling or shipping the same type of cars out of his car plant, which are deemed to have been built under the same conditions as the car in question for a fixed period determined by the Minister of Environment.
Article 34 (Inspection for Confirmation on and Correction of Defect) (1) A motor vehicle manufacturer shall undergo the inspection of the Minister of Environment for whether or not the exhaust of the exhaust gases of a motor vehicles running in the exhaust gas guarantee period is fitted to the permissible exhaust standards (hereinafter referred to as “defect confirmation inspection”).
(2) Matters necessary for the criteria for selecting motor vehicles subject to a defect confirmation inspection, the method, procedure and standards of the inspection, the method of decision, the fees for inspection, etc. shall be determined by the Ordinance of the Ministry of Environment.
(3) The Minister of Environment shall, upon determining the Ordinance of the Ministry of Environment as referred to in paragraph (2), consult with the heads of the central administrative agencies concerned, and decide and announce publicly each year the categories of motor vehicles to undergo the defect confirmation inspection according to the criteria for selection as referred to in paragraph (2).
(4) In the case where it is judged as a result of the defect confirmation inspection, that it is unfit to the permissible exhaust standards of manufactured cars, if it is deemed that it is attributable to the motor vehicle manufacturer, the Minister of Environment may order defect correction to such categories of automobiles: Provided, That if the motor vehicle manufacturer admits the fact of defect, and desires to correct it by himself, the order of defect correction may be omitted. (5) Any motor vehicle manufacturer who has received a defect correction order as referred to in paragraph (4), or who desires to correct the defect by himself, shall make the schedule on the correction of the defect of the motor vehicles concerned, under the conditions as prescribed by the Ordinance of the Ministry of Environment, and execute it with the approval of the Minister of Environment, and report the result to the Minister of Environment.
(6) In case where it is found as a result of examination of the defect correction report as referred to in paragraph (5), that the defect correction plan is not carried out, if it is deemed that it is caused by the person who received the defect correction order, or desires to correct the defect by himself, the Minister of Environment shall determine a new defect correction order with a period fixed.
(7) If any part connected to the exhaust gases as prescribed by the Ordinance of the Ministry of Environment after the Minister of Environment consulted with the Minister of Commerce, Industry and Energy, fails to maintain law_content performance, the owner or operator of motor vehicle which is in the exhaust gas guarantee period, may request the motor vehicle manufacturer to correct such defect.
(8) Any motor vehicle manufacturer who has received a request for defect correction as referred to in paragraph (7), shall examine without delay the requested matters and correct the defect, except when the manufacturer proves that there is no purpose or negligence of his own.
Article 35 (Revocation of Authentication) The Minister of Environment may revoke the authentication in the following cases: Provided, That in the cases falling under subparagraph 1 or 2, he shall revoke the authentication:
1. Where the authentication is granted in deceitful or other unlawful ways;
2. Where it is impossible to maintain the permissible exhaust standards of manufactured cars even after improvement measures, because of a serious defect occurred in it;
2-2. Where an order given under the provisons of Article 33 (6) to halt selling and shipping the car in question out of a car plant is violated; and
3. Where an order given under the provisons of Article 34 (4) or (6) to correct defects is not followed.
Article 36 (Permissible Exhaust Standards for Running Car) Any owner of an automobile shall drive or make his automobile driven while keeping the gas exhausted by his automobile at a level consistent with the permissible exhaust standards prescribed by the Presidential Decree (hereinafter referred to as the “permissible exhaust gas standards of running car”).
Article 36-2 (Driving of Pollution-Free and Low- Pollution Automobile, etc.) (1) Where the Mayor/Do governor deems it necessary to improve the air quality in an urban area, he may order the owners of automobiles using light oil as fuel (hereafter in this Article, referred to as the “automobile using light oil as fuel”), from among the automobiles driven in the relevant area, under the conditions as stipulated by the Municipal Ordinance of relevant City/Do, to convert the relevant automobiles into the pollution-free and low-pollution automobiles as prescribed by the Minister of Environment, or to attach to the relevant automobiles the devices designed to reduce or lower exhaust gas as prescribed by the Minister of Environment.
(2) The State or local governments may provide any person falling under any of the following subparagraphs with subsidies or loans within the limits of budget for the wider use of pollution-free and low-pollution automobiles and the wider attachment of devices designed to reduce or lower the exhaust gas:
1. A person who intends to purchase the pollution-free and low-pollution automobiles prescribed by the Minister of Environment; 2. A person who intends to install facilities used to supply fuel (including electricity, solar, hydrogen, etc.) into the pollution- free and low-pollution automobiles prescribed by the Minister of Environment; and
3. A person who intends to attach devices of reducing or lowering exhaust gas to automobiles, which are prescribed by the Minister of Environment.
Article 36-3 (Restriction on Idling) When the Mayor/Do governor deems it necessary to decrease the air pollution due to exhaust gas of automobiles, he may restrict, under the conditions as stipulated by the Municipal Ordinance of relevant City/Do, the acts of running the engine while an automobile parks or stops at the terminal, garage, parking lot, etc.
Article 37 (Occasional Checkup of Running Car) (1) In order to confirm whether or not the exhaust gas of a running car is fit to the permissible exhaust gas standards of running cars as prescribed in Article 36, the Special Metropolitan City Mayor, the Metropolitan City Mayor, or the head of Si/Gun/Gu (referring to the head of autonomous Gu; hereinafter the same shall apply) may check up a running car on the road or at parking lot, etc.
(2) Automobile operators shall cooperate with the checkup as referred to in paragraph (1), and shall not refuse, evade or interfere with it.
(3) Matters necessary for the method, etc. of checkup as referred to in paragraph (1) shall be determined by the Ordinance of the Ministry of Environment.
Article 37-2 (Regular Inspection of Exhaust Gas of Running Car) (1) The owner of an automobile shall undergo the regular inspection of exhaust gas of a running car (hereinafter referred to as the “regular inspection”) conducted to determine whether or not the gas exhausted by his automobile is in conformity with the permissible exhaust gas standards of running car under the provisions of Article 43 (1) 2 of the Automobile Management Act and Article 13 (1) 2 of the Construction Machinery Regulation Act: Provided, That in the case of automobiles subject to a close inspection under Article 37-3, they shall be excluded from the objects of a regular inspection in the relevant year.
(2) Matters necessary for the method of regular inspection as referred to in paragraph (1), the items to be inspected, the inspection capacity of the inspection institution, etc. shall be determined by the Ordinance of the Ministry of Environment.
(3) The Minister of Environment shall, upon determining the Ordinance of the Ministry of Environment as referred to in paragraph (2), consult with the Minister of Construction and Transportation.
(4) The Minister of Environment may request the Minister of Construction and Transportation to give the data on the results of a regular inspection under paragraph (1). In this case, if there is no special reason, the Minister of Construction and Transportation shall comply with it.
Article 37-3 (Close Inspection of Exhaust Gas of Running Cars) (1) Any owner of the automobile registered (referring to the registration under Article 5 of the Automobile Management Act and Article 3 of the Construction Machinery Management Act) in the air environment regulation area shall undergo a close inspection of the exhaust gas of a running car (hereinafter referred to as the “close inspection”) conducted by the competent Mayor/Do governor under the conditions as stipulated by the Municipal Ordinance of relevant City/Do.
(2) When the Mayor/Do governor deems that any owner of the automobile is unable to undergo a close inspection due to natural disasters and other inevitable conditions, he may extend an effective period of close inspection under paragraph (5) or defer a close inspection, under the conditions as stipulated by the Ordinance of the Ministry of Environment.
(3) The Mayor/Do governor may order any owner of the automobile who has failed to undergo a close inspection to undergo a close inspection, under the conditions as stipulated by the Ordinance of the Ministry of Environment. (4) Any person intending to undergo a close inspection shall pay the fees for inspection under the conditions as stipulated by the Ordinance of the Ministry of Environment.
(5) Automobiles subject to inspection, effective period of inspection, method of inspection, items subject to inspection for the close inspection under paragraph (1), and establishment and operation of the electronic data processing system of close inspection, and other necessary matters for the management of close inspection, shall be stipulated by the Ordinance of the Ministry of Environment.
Article 37-4 (Vicarious Performance of Close Inspection Duties) (1) The Mayor/Do governor shall make the Korea Transportation Safety Agency established under the Korea Transportation Safety Agency Act perform vicariously the close inspection duties under Article 37-3 (1): Provided, That when the Mayor/Do governor deems it necessary for the efficient performance of close inspection, he may designate the automobile maintenance businessmen under Article 45 of the Automobile Management Act as the designated businessmen of close inspection of running cars (hereinafter referred to as the “designated businessmen”) and make them perform vicariously the close inspection duties.
(2) The Korea Transportation Safety Agency and the designated businessmen performing vicariously the close inspection duties under paragraph (1), and any person engaged in the close inspection duties, shall not commit the acts of the following subparagraphs:
1. Acts to have other persons perform the inspection duties under one’s own title; and
2. Acts to perform the inspections by falsity and other illegal means.
(3) The Korea Transportation Safety Agency and the designated businessmen performing vicariously the close inspection duties under paragraph (1) shall equip themselves with the technological abilities, facilities and equipments which are required for the close inspection, and observe the code of practices as stipulated by the Ordinance of the Ministry of Environment.
(4) Designation standards, designation procedures, and scope of inspection duties of the designated businessmen under paragraph (1), and the standards for technological abilities, facilities and equipments, etc. of the persons performing vicariously the close inspection duties under paragraph (1), and other matters necessary for the close inspection, shall be stipulated by the Ordinance of the Ministry of Environment.
Article 37-5 (Disqualifications of Designated Businessmen) Persons falling under one of the following subparagraphs shall not be designated as the designated businessmen:
1. Minor, incompetent or quasi-incompetent;
2. Bankrupt who fails to be reinstated;
3. Person for whom 2 years have not elapsed from the day on which his sentence execution has been terminated (including the case where it is deemed to have been terminated) or has been decided to be exempted, after he was sentenced to an imprisonment with prison labor or a heavier punishment in contravention of this Act;
4. Person for whom 2 years have not elapsed after a revocation of designation as the designated businessman under Article 37-6;
5. Person for whom 2 years have not elapsed after a revocation of registration of the confirmatory inspection agent under Article 40-3; and
6. Corporation having such person as falling under one of subparagraphs 1 through 5 among its officers. Article 37-6 (Revocation, etc. of Designation) Where the Korea Transportation Safety Agency or the designated businessman performing vicariously the close inspection falls under one of the following subparagraphs, the Mayor/Do governor may either order the suspension of all or part of said vicarious duties with fixing the period of less than 6 months, or revoke the designation of a designated businessman: Provided, That subparagraphs 1, 4 and 6 shall apply only to the designated businessman, and if a case falls under subparagraph 1 or 4, the said designation shall be revoked:
1. Where the designation of a designated businessman has been obtained by falsity and other illegal means;
2. Where the prohibited acts under each subparagraph of Article 37-4 (2) have been committed;
3. Where coming to fall short of the standards for technological abilities, facilities and equipments under Article 37-4 (3), or the code of practices has not been observed;
4. Where the designated businessman comes to fall under any subparagraph of Article 37-5: Provided, That in the case of a corporation falling under subparagraph 6 of the same Article, it shall be limited to the case where the said corresponding causes have not been dissolved within 6 months from the date of falling thereunder;
5. Where the inspection duties are peformed faithlessly by intention or gross negligence;
6. Where the duties are not commenced within 1 year after obtaining the designation as designated businessman, or where there exists no actual achievement of duties for not less than 1 year continuously without any justifiable grounds; and
7. Other cases where this Act or any orders or dispositions under this Act have been violated.
Article 37-7 (Disposition of Penalty Surcharge) (1) Where the Mayor/Do governor has to make a disposition of business suspension since the Korea Transportation Safety Agency or the designated businessman performing vicariously the close inspection duties comes to fall under any of subparagraphs 2, 3, 5 through 7 of Article 37-6, if he deems that the said business suspension causes serious inconveniences to the utilizers of relevant business or it is necessary for the public interests, he may impose a penalty surcharge of not more than 50 million won in lieu of said business suspension.
(2) When the penalty surcharge under paragraph (1) has not been paid within the time limit, it shall be collected by referring to the practices of dispositions on default of local taxes.
(3) Any amount collected as the penalty surcharge under paragraphs (1) and (2) shall be the revenues of the City/Do, but it shall be disbursed for the usage as prescribed by the Presidential Decree.
(4) Matters necessary for the amount, etc. of the penalty surcharge in accordance with the types and levels of violating acts on which the penalty surcharge is imposed under paragraph (1) shall be stipulated by the Ordinance of the Ministry of Environment.
Article 38 (Order on Improvement of Running Car) (1) If it is found as a result of a checkup on a running car as prescribed in Article 37, that the exhaust gas of the car exceeds the permissible exhaust gas standards of running cars, the Special Metropolitan City Mayor, the Metropolitan City Mayor, or the head of Si/Gun/Gu may order the owner of the car to improve it under the conditions as prescribed by the Ordinance of the Ministry of Environment. In this case, he may order simultaneously to suspend the use of such car for a period required for such improvement within ten days.
(2) Deleted.
Article 39 Deleted.
Article 40 (Registration of Confirmatory Inspection Agent) (1) Any person who intends to carry on service confirming the results of running car improvement as prescribed in Article 38 (3), shall equip himself with such technical capability, facilities, equipment, etc. as prescribed by the Ordinance of the Ministry of Environment and register his business with the Mayor/Do governor. The same shall apply to the case where he intends to alter important matters prescribed by the Ordinance of the Ministry of Environment from among the registered matters.
(2) Deleted.
(3) Deleted.
(4) Matters to be observed by a confirmatory inspection agent, inspection fees and other necessary matters shall be determined by the Ordinance of the Ministry of Environment.
(5) Deleted.
Article 40-2 (Disqualifications of Confirmatory Inspection Agents) Any person falling under one of the following subparagraphs shall not be registered as a confirmatory inspection agent:
1. Minor, incompetent or quasi-incompetent;
2. Bankrupt who fails to be reinstated;
3. Person for whom 2 years have not elapsed from the day on which his sentence execution has been terminated (including the case where it is deemed to have been terminated) or has been decided to be exempted, after he was sentenced to an imprisonment with prison labor or a heavier punishment in contravention of this Act;
4. Person for whom 2 years have not elapsed after a revocation of designation as the designated businessman under Article 37-6;
5. Person for whom 2 years have not elapsed after a revocation of registration of the confirmatory inspection agent under Article 40-3; and
6. Corporation having such person as falling under one of subparagraphs 1 through 5 among its officers.
Article 40-3 (Revocation, etc. of Registration) The Mayor/Do governor may, if any confirmatory inspection agent falls under any of the following subparagraphs, revoke his registration or order him to suspend his business for a fixed period not exceeding six months: Provided, That in case of subparagraph 1 or 2, the Mayor/Do governor shall revoke the agent’s registration:
1. Where a confirmatory inspection agent falls under any subparagraph of Article 40-2: Provided, That in the case of a corporation falling under subparagraph 6 of the same Article, it shall be limited to the case where the said corresponding causes have not been dissolved within 6 months from the date of falling thereunder;
2. Where he makes the registration in a deceitful or unlawful way; 3. Where he lends his certificate of registration to another person;
4. Where he is subject to a disposition taken to suspend his business two or more times a year;
5. Where he carries out a unfaithful inspection on purpose or by grave negligence;
6. Where he fails to start a business within two years after registration, or he has no actual results of business for two or more consecutive years; and
7. Where he violates this Act or any order issued under this Act.
Article 41 (Regulation of Fuel or Additives of Motor Vehicle) (1) Any person who desires to manufacture (including import; hereinafter the same shall apply) fuel or additives used for motor vehicles, shall manufacture them in line with the standards as determined by the Ordinance of the Ministry of Environment.
(2) Any person shall be prohibited from supplying, selling or using the oil products which have been manufactured incongruous with the manufacturing standards for the fuel or additives for automobiles as stipulated by the Ordinance of the Ministry of Environment under paragraph (1), as the fuel or additives for automobiles: Provided, That the same shall not apply to the case where any person as stipulated by the Ordinance of the Ministry of Environment, such as the schools, research institutes, etc., manufactures, supplies or uses the fuel or additives for automobiles for the purpose of tests or researches.
(3) If it is deemed that the fuel or additives might cause any danger or injury to the environment, or produce any matter harmful remarkably to the human body, the Minister of Environment may regulate the manufacture, sale or use of such fuel or additives under the conditions as prescribed by the Ordinance of the Ministry of Environment.
Articles 42 and 43 Deleted.
CHAPTER 5 Deleted.
Articles 44 through 47 Deleted.
CHAPTER 6 SUPPLEMENTARY PROVISIONS
Article 48 (Training of Environment Engineer, etc.) (1) Any person who employs environment engineers shall have them take the training conducted by the Minister of Environment under the conditions as prescribed by the Ordinance of the Ministry of Environment.
(2) The Minister of Environment may collect expenses disbursed for the training under paragraph (1) from the person who employs the personnel subject to such training under the conditions as prescribed by the Ordinance of the Ministry of Environment.
Article 49 (Report, Inspection, etc.) (1) The Minister of Environment may, in accordance with the Ordinance of the Ministry of Environment, order the following persons to make a necessary report or to submit the data, and have the related public officials (including the employees of the related specialized agency entrusted with the authority of the Minister of Environment under Article 54 (2)) gain access to relevant facilities or business places, etc. to gather the pollutants or to inspect the related documents, facilities, equipments, etc. in order to confirm whether or not complying with the permissible emission standards under Article 8 or 13 (4), whether or not operating law_contently the measuring devices under Article 15-2 (in the case of the employees of the related specialized agency entrusted with the Minister of Environment under Article 54 (2), it shall be limited to the matters as stipulated in Article 15-2 (7)), and whether or not performing properly the execution of the inspection duties under Articles 37-2 and 37-3 and the vicarious execution of those under Article 37-4: Provided, That with respect to the persons falling under subparagraph 3, 4, 4-2, 4-3, 5, 8-2 or 8-3, the Minister of Environment or the Mayor/Do governor shall perform them:
1. A businessman;
2. Deleted;
3. A person who supplies, sells or uses oil the sulfur content standards of which are determined under Article 26 (1);
4. A person who is banned to manufacture, sell or use fuel under Article 27;
4-2. A person who has filed a report on the scattering dust generating business under the provisions of Article 28 (1);
4-3. A person who has installed facilities emitting volatile organic compound under the provisions of Article 28-2;
5. A person who is subject to the regulation of living malodor under the provisions of Article 30 (1);
5. Deleted.
6. A motor vehicle manufacturers under the provisions of Article 31;
7. and 8. Deleted;
8-2. A confirmatory inspection agent who confirms the results on the improvement of running cars under the provisions of Article 40 (1);
8-3. A person who performs the regular inspection duties and the vicarious execution of a close inspection under Articles 37- 2 (2) and 37-4 (1);
9. A person who manufactures or sells fuel or additives used for automobile under Article 41;
10. Deleted; and
11. A person who is entrusted with affairs of the Minister of Environment under Article 54 (2).
(2) When the Minister of Environment has gathered the pollutants in order to confirm whether or not complying with the permissible emission standards under paragraph (1), he shall entrust the inspection agency as prescribed by the Ordinance of the Ministry of Environment with the inspection on the pollution level: Provided, That the same shall not apply to the case where it is possible to judge on the spot whether or not exceeding the permissible emission standards, which is prescribed by the Ordinance of the Ministry of Environment.
(3) Any public official who enters and conducts an inspection under paragraph (1), shall carry with himself a certificate indicating his competence and show it to the interested persons. Article 50 (Cooperation of Related Agency) If it is deemed required for attaining the purpose of this Act, the Minister of Environment may request the head of the central administrative agency concerned or the Mayor/Do governor to take the following measures. In this case, the head of the central administrative agency concerned or the Mayor/Do governor shall comply with it unless there is any special reason:
1. Improvement of heating apparatus;
2. Change or replacement of motor vehicle engines;
3. Restriction on the motor vehicles’ span of life;
4. Restriction on the traffic of motor vehicles;
4-2. Computer data on the registration, inspection, norm and performance, etc. of automobiles required for electronic data processing of the close inspection duties; and
5. Other matters as determined by the Presidential Decree.
Article 51 (Criteria for Administrative Disposition) The criteria for administrative dispositions against acts contrary to this Act or any order determined under this Act shall be determined by the Ordinance of the Ministry of Environment.
Article 52 (Hearing) If the Minister of Environment or the Mayor/Do governor desires to take any of the following dispositions, he shall hold a public hearing:
1. Revocation of the permission or order of closure of the emission facilities under Article 11 (3), 20 (1) or 21 (1);
2. Deleted;
3. Order of prohibition on supply, sale or use of fuel under Article 26 (4);
4. Order of prohibition on manufacture, sale or use of fuel under Article 27;
5. Order to correct defects under Article 34 (4) or (6);
6. Revocation of authentication under Article 35;
7. Revocation of designation against the designated businessman under Article 37-6; and
8. Revocation of registration against the confirmatory inspection agent under Article 40-3.
Article 53 (Fee) Any person, who intends to obtain permission or permission on the modification for the installation of emission facilities or make a report on a report on the modification thereof under Article 10, shall pay fees under the conditions as prescribed by the Ordinance of the Ministry of Environment.
Article 54 (Delegation and Entrustment of Authority) (1) The authority of the Minister of Environment under this Act may be delegated partially to the Mayor/Do governor, the head of the Environment Institute under the control of the Ministry of Environment, or the head of regional environment agency under the conditions as prescribed by the Presidential Decree. (2) The Minister of Environment may entrust any competent institution with part of his affairs as prescribed by this Act under the conditions as prescribed by the Presidential Decree.
Article 54-2 (Legal Fiction as Public Official in Applying Penal Provisions) In applying the provisions of Article 129 through 132 of the Criminal Act, the persons engaged in the close inspection duties under Article 37-4 (1) and the officers and employees of the corporations or organizations who are engaged in the entrusted duties under Article 54 (2) shall be regarded as the public officials.
CHAPTER 7 PENAL PROVISIONS
Article 55 (Penal Provisions) Any person falling under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than seven years or by a fine not exceeding fifty million won:
1. A person who has established or modified emission facilities, or run business using such emission facilities, without obtaining any permission or the permission of modification under Article 10 (1) or (2), or after obtaining such permission by any deceitful way;
1-2. A person who has performed the act falling under Article 15 (1) 1 or 5;
1-3. A person who has violated an order to halt the operation under the provisions of Article 17 (1), or failed to execute an order to take measures under the provisions of paragraph (2) of the same Article;
1-4. A person who has violated an order with respect to the closure of emission facilities, or the halt of operation under the provisions of Article 20;
2. A person who has manufactured automobiles not consistent with the permissible exhaust standards of manufactured cars in contravention of the provisions of Article 31;
3. A person who has manufactured automobiles without obtaining authentication in contravention of the provisions of Article 32 (1); and
4. A person who has manufactured, supplied or sold the fuel or additives for automobiles in contravention of the provisions of Article 41 (1) or the main sentence of Article 41 (2).
Article 55-2 (Penal Provisions) Any person falling under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than five years, or by a fine not exceeding thirty million won:
1. A person who has installed or altered emission facilities without filing a report under Article 10 (1) or after filing a false report, or used the same emission facilities to do business;
2. and 3. Deleted;
4. A person who has performed an act falling under the provisions of Article 15 (1) 2;
5. A person who has failed to take measures including attaching the measuring devices under the provisons of Article 15-2 (1);
6. A person who has performed an act falling under the provisons of the Article 15-2 (3) 1 or 3; 6-2. A person who has violated such orders as the restrictive measures on use of fuel under Article 26 (4);
7. A person who has failed to execute an order to take measures including improving facilities under the provisions of Article 28-2 (7) (including the cases applied mutatis mutandis under Article 28-3 (5));
8. A person who has violated an order to correct defects under the provisions of the main sentence of Article 34 (4) or (6); and
9. A person other than a designated businessman who has performed the close inspection duties under the pretence of obtaining a designation as the designated businessman under Article 37-4 (1).
Article 56 (Penal Provisions) Any person who falls under any of the following subparagraphs, shall be punished by imprisonment for not more than one year or by a fine not exceeding five million won:
1. Deleted;
1-2. A person who has gone into operation without filing a report in contravention of the provisions of Article 14;
1-3. A person who has violated an order to halt the operation under the provisions of Article 15-2 (6);
1-4. Deleted;
1-5. Deleted;
2. A person who has manufactured automobiles without obtaining alteration authentication under the provisons of Article 32 (2);
3. A person who has taken an act falling under any subparagraph of Article 37-4 (2) in contravention of paragraph (2) of the same Article;
3-2. A person who has violated the order of business suspension under Article 37-6;
4. A person who has used fuel in contravention of the provisions of the main sentence of Article 41 (2);
5. A person who has made or sold fuel or additives in contravention of the regulation under Article 41 (3);
6. Deleted; and
7. Deleted.
Article 57 (Penal Provisions) Any person falling under any of the following subparagraphs shall be punished by a fine not exceeding two million won:
1. Deleted;
1-2. A person who has violated the order as prescribed in Article 7-2 (3) without any justifiable reason;
1-3. A person who has failed to measure the pollutants in contravention of the provisions of Article 22 (1), or record and keep the results of measurement, or has falsely recorded and kept the results of false measurement;
1-4. A person who has failed to execute an order to take measures under the provisions of Article 15-2 (5); 2. A person who has failed to appoint an environment engineer, or to make the report on the appointment (including the appointment by replacement) in contravention of the provisions of Article 24 (1);
3. A person who has violated an order such as a fuel use restriction measure as prescribed in Article 27;
4. A person who has violated an order to restrict the use, etc. of facilities, etc. producing scattering dust as prescribed in Article 28 (3);
4-2. A person who has installed or operated the facilities without filing any report under the provisions of Article 28-2 (1), 28-3 (1) or (2);
4-3. A person who has failed to take measures under Article 28-2 (3);
5. A person who has burnt malodorant in contravention of the provisions of Article 29;
Deleted.
5. 6. A person who has failed to execute an order to take measures under the provisions of Article 30 (2);
Deleted.
6. 6-2. A person who has failed to convert into the pollution-free and low-pollution automobiles under Article 36-2 (1), or to comply with the order to attach the devices designed to reduce or lower exhaust gas;
7. A person who has refused, avoided or hindered checkups in contravention of the provisions of Article 37 (2);
7-2. A person who has failed to comply with the inspection order under Article 37-3 (3);
8. A person who has been ordered to improve or halt the use, but failed to execute such order under the provisions of Article 38 (1); and
9. A person who has rejected, hindered or evaded an access and inspection by competent public servants under the provisions of Article 49 (1).
Article 58 (Penal Provisions) Any person falling under any of the following subparagraphs shall be punished by a fine not exceeding one million won:
1. and 2. Deleted;
4. Deleted;
5. Deleted;
6-2. A person who has failed to install facilities for restraining production of scattering dust under the provisions of Article 28 (1), or to take necessary measures: Provided, That the same shall not apply to those who transport cement, coal, soil and sand, and other powder-form materials;
7. A person who has violated any order to install facilities for restraining production of scattering dust, etc. as prescribed in Article 28 (2); and
8. Deleted.
Article 59 (Fine for Negligence) (1) Any person falling under any of the following subparagraphs shall be punished by a fine for negligence not exceeding one million won:
1. Deleted;
2. A person who has carried out any act as prescribed in the provisions of Article 15 (1) 3 or 4;
3. A person who has failed to keep records on the operating situation of the emission facilities, etc., or compiled false records in contravention of the provisions of Article 15 (2);
3-2. A person who has performed any act falling under the provisions of Article 15-2 (3) 2;
3-3. A person who has failed to observe management and operation standards in contravention of the provisions of Article 15-2 (4);
4. A person who has supplied, sold or used fuel in excess of the sulfur content standards in contravention of the provisions of the main sentence of Article 26 (3);
5. A person who has transported cement, coal, soil and sand, and other powder-form materials without installing facilities for restraining production of scattering dust or taking necessary measures under the provisions of Article 28 (1);
5-2. A person who has failed to file a modified report on the emission facilities of volatile organic compounds under Article 28-2 (2) or 28-3 (3);
5-3. A person who has failed to take measures under the provisions of Article 30 (1);
3. Deleted.
5- 6. A person who has failed to report on the results of defect correction under the provisions of Article 34 (5); and
7. A person who has failed to observe the code of practices under Article 37-4 (3).
(2) Any person falling under any of the following subparagraphs shall be punished by a fine for negligence not exceeding 500 thousand won:
1. A person who has failed to file a report on modification under the provisions of Article 10 (2) or (3); 1-2. Deleted;
2. and 3. Deleted;
4. A person who has failed to comply with the matters to be observed by an environment engineer under the provisions of Article 24 (2);
5. Deleted;
6. A person who has failed to file a report or an alteration report under the provisions of Article 28 (1);
7. Deleted;
8. The owner of an automobile who has violated the provisions of Article 36;
8-2. The driver of an automobile violating the restriction on running of car engine under Article 36-3;
8-3. A person who has failed to undergo a close inspection in contravention of Article 37-3 (1);
9. A person who has failed to file a report under the provisions of Article 38 (3);
9-2. Deleted;
10. A person who has failed to get any environment engineer to undergo training in contravention of the provisions of Article 48; and
11. A person who has failed to file a report under the provisions of Article 49 (1), or filed a false report, or failed to furnish material or furnished false material.
(3) The fine for negligence as referred to in paragraphs (1) and (2) shall be imposed and collected by the Minister of Environment, the Mayor/Do governor or the head of Si/Gun/Gu under the conditions as prescribed by the Presidential Decree.
(4) Any person who is dissatisfied with a disposition of the fine for negligence as referred to in paragraph (3), may make an objection to the Minister of Environment, the Mayor/Do governor or the head of Si/Gun/Gu within thirty days after he is informed of the disposition.
(5) If a person who has been subject to a disposition of the fine for negligence as referred to in paragraph (3), makes an objection under paragraph (4), the Minister of Environment, the Mayor/Do governor or the head of Si/Gun/Gu shall notify it without delay to the competent court, which shall, upon receiving the notification, bring the case of fine for negligence to a trial under the Non-Contentious Case Litigation Procedure Act.
(6) If no objection is made, and no fine for negligence is paid, within the period as referred to in paragraph (4), it shall be collected following the examples disposition of national or local taxes in arrears. Article 60 (Joint Penal Provisions) If a representative of a juristic person, or an agent, a servant or any other employee of the individual or juristic person commits an offense as prescribed in Articles 55 through 58 in connection with the business of the juristic person or individual, the penalty of fine as prescribed in the respective corresponding Article shall be imposed on such juristic person or individual, in addition to a punishment against the offender.
ADDENDA Article 1 (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Method of Official Test on Air Pollution) The method of official test on air pollution notified publicly under Article 22-3 of the previous Environment Preservation Act at the time this Act enters into force, shall be considered as the method of official test on air pollution notified publicly under Article 7.
Article 3 (Transitional Measures concerning Permissible Exhaust Standards) The permissible exhaust standards as prescribed in Article 14 or 15-3 (2) of the previous Environment Preservation Act at the time this Act enters into force, shall be considered as the permissible exhaust standards as prescribed in Article 8 or 13 (3).
Article 4 (Transitional Measures concerning Emission and Preventive Facilities) (1) Any person who obtained a permission on installation or alteration of emission facilities under Article 15 (1) or (2) of the previous Environment Preservation Act at the time this Act enters into force, shall be considered to have obtained the permission under Article 10 (1) or (2).
(2) Preventive or joint preventive facilities installed under the text of Article 15-2 (1) or Article 15-3 (1) of the previous Environment Preservation Act at the time this Act enters into force, shall be considered to have been installed under the text of Article 11 (1), Article 13 (1) or (2), and a non-installation of preventive facilities under the proviso of Article 15-2 (1) of the previous Environment Preservation Act shall be considered as a non-installation under the proviso of Article 11 (1).
(3) Any person who made a report on commencement of use of, or obtained a judgment of conformity on, emission and preventive facilities under Article 16 of the previous Environment Preservation Act at the time this Act enters into force, shall be considered to have made a report on the completion of installation or obtained a judgment of conformity under Article 14.
(4) Any person who is subject to an order of improvement, operation suspension, transfer, permission revocation, closure, etc. for emission or preventive facilities under Articles 17 through 19, 20 or 21 of the previous Environment Preservation Act at the time this Act enters into force, shall be considered to have been subject to an order of improvement, operation suspension, transfer, permission revocation or closure, etc. under Articles 16 through 18, 20 or 21.
Article 5 (Transitional Measures concerning Emission Facilities Manager) Any report on an appointment or an order of replacement of an emission facilities manager made under Article 23 or 23-2 of the previous Environment Preservation Act at the time this Act enters into force shall be considered as a report on an appointment or the order of replacement made under Article 24 (1) or 25.
Article 6 (Transitional Measures concerning Emission Dues) Any payment order, payment and disposition for arrears of emission dues which are made under Article 19-2 of the previous Environment Preservation Act at the time this Act enters into force shall be considered as a payment order, payment and disposition for arrears determined or made under Article 19.
Article 7 (Transitional Measures concerning Self- Measurement, etc.) Any measurement made under Article 22 of the previous Environment Preservation Act at the time this Act enters into force shall be considered as a measurement made under Article 22, and any designation of measuring agent made under Article 22- 2 of the previous Environment Preservation Act, as a designation of measuring agent made under Article 23.
Article 8 (Transitional Measures concerning Authentication, etc. of Manufactured Motor Vehicle) (1) Any motor vehicle manufactured or imported in conformity with the exhaust gases concentration standards as prescribed in Article 30 (1) of the previous Environment Preservation Act at the time this Act enters into force shall be considered as a motor vehicle manufactured or imported fit to the permissible exhaust standards of manufactured cars as prescribed in Article 31. (2) Any person who has submitted to the Administrator of the Environment Administration or the Minister of Environment the results of test and inspection whether to be fit to the exhaust gases concentration standards with respect to samples of motor vehicles manufactured or imported under Article 30 (1) and (2) of the previous Environment Preservation Act at the time this Act enters into force, or who has undergone an inspection for confirmation thereof, shall be considered to have applied an authentication or obtained it under Article 32 (2) and (4).
(3) Any order of correction determined under Article 30 (4) of the previous Environment Preservation Act at the time this Act enters into force shall be considered as a defect correction order determined under Article 34.
Article 9 (Transitional Measures concerning Permissible Exhaust Standards of Running Cars) The permissible exhaust standards for the type of motor vehicle as prescribed in Article 28 (1) of the previous Environment Preservation Act at the time this Act enters into force shall be considered as the permissible exhaust standards of running cars as prescribed in Article 36.
Article 10 (Transitional Measures concerning Type Approval, etc. on Machinery and Instruments for Inspection of Motor Vehicles) That which has obtained or undergone the type of approval, confirming inspection or precision inspection for the machinery and instruments of inspection about motor vehicles exhaust gases under Article 60-3 (1) or (2) of the previous Environment Preservation Act at the time this Act enters into force, shall be considered to have obtained or undergone the type of approval or accuracy inspection as prescribed in Article 39 (1) or (2), and that which has obtained or undergone an official approval or an inspection of comparative correction for the Articles to be corrected by comparison for accuracy inspection under the previous provisions, shall be considered to have obtained or undergone the official approval or comparative correction inspection by the Minister of Environment under Article 39 (3).
Article 11 (Transitional Measures concerning Designation of Inspection Agent) Any person who conducts vicariously an inspection service for confirmation or accuracy inspections under Article 60-3 (2) of the previous Environment Preservation Act at the time this Act enters into force, shall be considered to have been designated as an inspection agent under Article 40 (1).
Article 12 (Transitional Measures concerning Motor Vehicle Fuel Additives) Additives the harmfulness of which is examined under Article 31 (2) of the previous Environment Preservation Act at the time this Act enters into force, shall be considered to have been examined under Article 42 (1), but such additives shall be registered under Article 42 (1) within six months from the enforcement date of this Act.
Article 13 (Transitional Measures concerning Preventive Facilities Business) Any person who has made a registration, or registration on modification, of preventive facilities business, or whose registration has been revoked, under Article 47 or 49 of the previous Environment Preservation Act at the time this Act enters into force, shall be considered to have made a registration, or registration of modification, of preventive facilities business, or whose registration has been revoked, under Article 44 or 46.
Article 14 (Transitional Measures concerning Training of Emission Facilities Managers) Any training for technical personnel, such as emission facilities managers, etc., conducted under Article 61-2 of the previous Environment Preservation Act at the time this Act enters into force, shall be considered as a training conducted under Article 48.
Article 15 (Transitional Measures concerning Hearing) Any hearing conducted under Article 62-4 of the previous Environment Preservation Act at the time this Act enters into force, shall be considered as a hearing conducted under Article 52: Provided, That with respect to any case the hearing procedure of which is in progress at the time this Act enters into force, the hearing shall proceed according to the previous provisions until it is terminated.
Article 16 (Transitional Measures concerning Public Notice, Disposition and Continuing Acts under Previous Environment Preservation Act) Any public notice, conditional permission, administrative disposition, and other act of administrative agency or various applications, reports and acts to administrative agencies which have been made under the previous Environment Preservation Act before this Act enters into force, shall be considered as acts of or to administrative agencies under the corresponding provisions of this Act.
Article 17 (Transitional Measures concerning Application of Penal Provisions) Any application of the penal provisions to any offense against the previous Environment Preservation Act, which has been committed before this Act enters into force, shall be subject to the previous provisions.
Article 18 (Relation with other Acts) In the case that the provisions of the previous Environment Preservation Act are cited in other Acts and subordinate statutes at the time this Act enters into force, if there are corresponding provisions in this Act, the corresponding provisions of this Act shall be considered to have been cited in lieu of the previous ones.
ADDENDUM
This Act shall enter into force on the date of its promulgation.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation: Provided, That the revised provisions of Articles 32 (4), 36, 38, subparagraphs 6 and 8 of Article 57, and 59 (1) 8 shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Change of Name of Emission Facilities Manager) An emission facility manager as prescribed by the previous provisions at the time this Act enters into force, shall be considered as an environment manager as prescribed by this Act.
(3) (Transitional Measures concerning Penal Provisions) The previous provisions shall be used for the application of the penal provisions to acts committed before the enforcement of this Act.
ADDENDA
Article 1 (Enforcement Date) This Act shall enter into force on January 1, 1994.
Articles 2 through 9 Omitted.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures concerning Designation of Measuring Agent) Any measuring agent designated or changed in designation according to the previous provisions at the time this Act enters into force, shall be considered as a measuring agent registered or changed in registration under the revised provisions of Article 23.
(3) (Transitional Measures concerning Designation of Inspection Agent) Any person who is designated or changed in designation as an inspection agent who performs the service confirming motor vehicles in operation according to the previous provisions at the time this Act enters into force, shall be considered as a person who is designated or changed in designation as inspection agent carrying out such service by the Mayor/Do governor according to the revised provisions of Article 40. (4) (Transitional Measures concerning Application of Penal Provisions) Any application of the penal provisions to any act committed before this Act enters into force, shall be governed by the previous provisions.
ADDENDA
Article 1 (Enforcement Date) This Act shall enter into force on January 1, 1995.
Articles 2 and 3 Omitted.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on July 1, 1996: Provided, That the provisions of Article 37-2 shall enter into force on January 1, 1997, the revised provisions of Article 19 (1) through (3), on January 1, 1997, with respect to the emission facilities falling under such scale as determined by the Presidential Decree, and on January 1, 2000, with respect to other ones, and the revised provisions of Article 28-2, on January 1, 1999, respectively.
(2) Omitted.
(3) (Transitional Measures) The application of the penal provisions to any act committed before this Act enters into force, shall be subject to the previous provisions.
ADDENDA
Article 1 (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Type Approval and Precision Inspection on Environment Measuring Apparatus) Any person who has obtained or undergone the type approval or the precision inspection under Article 39 of the Clean Air Conservation Act and Article 49 of the Noise and Vibration Control Act at the time when this Act enters into force, shall be deemed the person who has obtained or undergone the type approval or the precision inspection under the amended provisions of Article 8-2.
Article 3 Omitted.
Article 4 (Transitional Measures concerning Inspection Agent and Person Entrusted with Inspection Affairs) Any person who has been designated as an inspection agent for machinery and instruments for inspection or entrusted with inspection affairs under Article 40 (1) of the Clean Air Conservation Act and Article 48 (1) of the Noise and Vibration Control Act at the time when this Act enters into force, shall be deemed the person who has been designated as an inspection agent or entrusted with inspection affairs under the amended provisions of Article 8-2 (5) and (6).
Article 5 Omitted.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on January 1, 1998.
(2) (Transitional Measures concerning Penal Provisions) The application of the penal provisions to any act committed before this Act enters into force, shall be subject to the previous provisions.
(3) Omitted. ADDENDA
Article 1 (Enforcement Date) This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA
Article 1 (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
Article 6 (Relation with Other Acts) Where any other Act or subordinate statute cites the provisions concerning the measuring agency referred to in the Article 23 of the Clean Air Conservation Act, Article 44 of the Water Quality Conservation Act and Article 47 of the Noise and Vibration Control Act at the time when this Act enters into force, the corresponding provisions of this Act shall be deemed to be cited, respectively.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures concerning Report on Facilities Emitting Volatile Organic Compound) Any emission facilities falling under facilities emitting volatile organic compound for which a report has to be filed to the Minister of Environment pursuant to the provisions of the amended provisions of Article 28-2 (1) from among facilities emitting volatile organic compound for which a report is filed to the Mayor/Do governor in accordance with the previous provisions at the time of enforcing this Act shall be deemed the emission facilities for which a report is filed under this Act.
(3) (Transitional Measures concerning Inspection Agent) Any inspection agent who is designated by the Minister of Environment under the previous provisions at the time of enforcing this Act shall be deemed the inspection agent who registers his business under the amended provisions of Article 40: Provided, That such inspection agent shall meet the requirements as prescribed in the amended provisions of Article 40 within one year from the date of the enforcement of this Act.
(4) (Transitional Measures concerning Application of Penal Provisions) The application of penal provisions to any act performed prior to the enforcement of this Act shall be dealt with according to the previous provisions.
ADDENDA
Article 1 (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA
Articles 2 through 12 Omitted.
ADDENDUM
This Act shall enter into force six months after the date of its promulgation: Provided, That the amendment to Article 36-3 shall enter into force on the date of promulgation.
ADDENDA
Article 1 (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA
Article 1 (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA
Article 1 (Enforcement Date) This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 4 Omitted.