Enforcement Decree Of The Groundwater Act


Published: 2011-04-04

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 Article 1 (Purpose)   print
The purpose of this Decree is to provide for matters delegated by the Groundwater Act and those necessary for the enforcement thereof. <Amended by Presidential Decree No. 19158, Nov. 30, 2005>
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 Article 2 (Survey of Groundwater)   print
(1) The Minister of Land, Transport and Maritime Affairs shall carry out a basic survey on the characteristics in reserve and the amount of exploitable groundwater across the nation through a geological survey, physical exploration, drilling survey and a survey of the water level and quality of groundwater pursuant to Article 5 (1) of the Groundwater Act (hereinafter referred to as the "Act"). <Amended by Presidential Decree No. 17433, Dec. 19, 2001; Presidential Decree No. 19158, Nov. 30, 2005; Presidential Decree No. 20722, Feb. 29, 2008>
(2) In carrying out a basic survey under paragraph (1), the Minister of Land, Transport and Maritime Affairs shall make a hydrogeological map drawn on a scale of 1 to 50,000 which includes the following matters: Provided, That he may make a hydrogeological map drawn otherwise on a scale of 1 to 50,000 in case he deems it unavoidable, taking into account the contents of the survey: <Amended by Presidential Decree No. 20722, Feb. 29, 2008>
1. Distribution of topographies and the nature of the underground;
2. Distribution of level of groundwater;
3. Structure and quantitative characteristics of aquifer which contain groundwater;
4. Characteristics of groundwater quality;
5. Amount of exploitable groundwater; and
6. Other matters necessary for the basic survey on the characteristics of groundwater in reserve.
(3) The Minister of Land, Transport and Maritime Affairs shall establish a survey plan on groundwater across the nation by regional group every year and shall carry out a basic survey on the characteristics in reserve and the amount of exploitable groundwater pursuant to the plan: Provided, That he may carry out a survey for any area which is urgently needed to develop groundwater as the source of water, and for which a request is made by the head of a relevant central administrative agency, the Special Metropolitan City Mayor, Metropolitan City Mayor or Do governor (hereinafter referred to as the "Mayor/Do governor") in preference to other areas. <Amended by Presidential Decree No. 20722, Feb. 29, 2008>
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 Article 3 (Consultation, etc. on Survey of Groundwater)   print
(1) Where the head of a relevant central administrative agency, the Mayor/Do governor, or the head of Si/Gun/autonomous Gu (hereinafter referred to as the "head of Si/Gun ") intends to carry out a survey for the execution of his duties related to groundwater pursuant to the main sentence of Article 5 (3) of the Act, he shall, in advance, consult with or notify the Minister of Land, Transport and Maritime Affairs according to the classifications listed in the following subparagraphs: <Amended by Presidential Decree No. 16297, May 10, 1999; Presidential Decree No. 19158, Nov. 30, 2005; Presidential Decree No. 20722, Feb. 29, 2008>
1. Where he is required to consult with the Minister of Land, Transport and Maritime Affairs: Surveys on the matters under Article 2 (2) 2, 3 and 5; and
2. Where he is required to notify the Minister of Land, Transport and Maritime Affairs: Surveys which do not fall under subparagraph 1.
(2) Where the head of the relevant central administrative agency, the Mayor/Do governor, or the head of Si/Gun completes the survey under paragraph (1), he shall notify the Minister of Land, Transport and Maritime Affairs of the results within one month from the date the survey is completed, as determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Presidential Decree No. 16297, May 10, 1999; Presidential Decree No. 20722, Feb. 29, 2008>
(3) The term "urgent reasons prescribed by Presidential Decree" in the proviso to Article 5 (3) of the Act means cases where it is urgently necessary to develop and use groundwater at time of war, natural disasters or other calamities.
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 Article 4 (Vicarious Execution of Survey Work)   print
(1) The Minister of Land, Transport and Maritime Affairs, the head of the relevant central administrative agency, the Mayor/Do governor, or the head of Si/Gun may require any of the following specialized groundwater-related survey agencies (hereinafter referred to as "specialized groundwater survey agency") to execute a survey as proxy on groundwater pursuant to Article 5 (4) of the Act: <Amended by Presidential Decree No. 16093, Jan. 29, 1999; Presidential Decree No. 16297, May 10, 1999; Presidential Decree No. 17175, Mar. 27, 2001; Presidential Decree No. 17433, Dec. 19, 2001; Presidential Decree No. 18594, Dec. 3, 2004; Presidential Decree No. 19158, Nov. 30, 2005; Presidential Decree No. 19463, Apr. 28, 2006; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 20877, Jun. 25, 2008; Presidential Decree No. 21565, June 26, 2009; Presidential Decree No. 21566, June 26, 2009; Presidential Decree No. 21904, Dec. 24, 2009>
2. The Korea Resources Corporation under the Korea Resources Corporation Act;
3. The Korea Water Resources Corporation under the Korea Water Resources Corporation Act;
4. The Korea Rural Community Corporation under the Korea Rural Community Corporation and Farmland Management Fund Act;
6. The Korea Environmental Corporation under the Korea Environmental Corporation Act; and
7. Associations established under Article 26-2 of the Act.
(2) The specialized groundwater survey agency which executes a survey as proxy on groundwater pursuant to Article 5 (4) of the Act shall notify the Minister of Land, Transport and Maritime Affairs, the head of the relevant central administrative agency, the Mayor/Do governor, or the head of Si/Gun of the survey plan within 15 days from the date on which the survey begins. <Amended by Presidential Decree No. 19158, Nov. 30, 2005; Presidential Decree No. 20722, Feb. 29, 2008>
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 Article 5 (Request, etc. for Survey Materials)   print
(1) Where the Minister of Land, Transport and Maritime Affairs, the head of the relevant central administrative agency, the Mayor/Do governor, or the head of Si/Gun requests any relevant agency to submit survey materials for the survey of groundwater or to provide cooperation pursuant to Article 5 (5) of the Act, he shall specify the details of necessary survey materials, matters for cooperation and the deadline for submission of materials. <Amended by Presidential Decree No. 16297, May 10, 1999; Presidential Decree No. 19158, Nov. 30, 2005; Presidential Decree No. 20722, Feb. 29, 2008>
(2) Any relevant agency which has been requested to submit survey materials or provide cooperation pursuant to paragraph (1) shall comply with such request unless specific grounds exist.
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 Article 6 (Comprehensive Management of Survey Materials)   print
(1) The Minister of Land, Transport and Maritime Affairs shall combine survey materials on groundwater across the nation on the basis of the survey on groundwater under Article 5 (1), (2) and (4) of the Act and the survey on actual conditions of utilization of groundwater under Article 28 (1) based on the end of every year and shall publish an annual report of survey on groundwater pursuant to Article 5 (6) of the Act. <Amended by Presidential Decree No. 20722, Feb. 29, 2008>
(2) Where the Minister of Land, Transport and Maritime Affairs publishes an annual report of survey on groundwater pursuant to paragraph (1), he shall send it to the relevant agency and disclose it to the public. <Amended by Presidential Decree No. 20722, Feb. 29, 2008>
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 Article 6-2 (Creation and Operation of Groundwater Information Sys tem, etc.)   print
(1) The groundwater information system provided for in Article 5-2 (1) of the Act (hereinafter referred to as "groundwater information system") shall contain contents falling under each of the following subparagraphs:
1. The groundwater data obtained as a result of the survey conducted under Article 5 of the Act;
2. The groundwater data obtained as a result of the observation and survey conducted under Article 17 of the Act; and
3. Other data pertaining to the utilization and management of groundwater.
(2) The Minister of Land, Transport and Maritime Affairs may, when it is deemed necessary to create and operate the groundwater information system, set standards for producing, administering and distributing the data specified in each subparagraph of paragraph (1) after consulting with administrative agencies and organizations concerned thereabout. <Amended by Presidential Decree No. 20722, Feb. 29, 2008>
(3) The Minister of Land, Transport and Maritime Affairs shall make matters concerning the survey and the current utilization of groundwater, from among the contents of the groundwater information system, accessible to administrative agencies and organizations concerned as well as the general public. <Amended by Presidential Decree No. 20722, Feb. 29, 2008>
[This Article Newly Inserted by Presidential Decree No. 17433, Dec. 19, 2001]
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 Article 7 (Basic Plan for Groundwater Management)   print
(1) The term "other matters concerning management of groundwater" in Article 6 (1) 5 of the Act shall mean the matters listed in the following subparagraphs: <Amended by Presidential Decree No. 19158, Nov. 30, 2005>
1. The survey plan of groundwater;
2. The management plan of groundwater;
3. The investment plan on the management of groundwater; and
4. The plan of construction and operation of groundwater information system.
(2) The Minister of Environment shall include matters falling under each of the following subparagraphs in the plan for the quality control and purification of groundwater, which he is required to draw up under Article 6 (3) of the Act: <Newly Inserted by Presidential Decree No. 17433, Dec. 19, 2001; Presidential Decree No. 19158, Nov. 30, 2005>
1. Basic direction by which a schedule is developed for the quality control and purification of groundwater;
2. The current groundwater pollution and the forecast thereof;
3. Schedule for protecting the quality of groundwater;
4. Schedule for operating the quality measuring networks of ground water;
5. Schedule for informatization with regard to the quality of ground water; and
6. Other necessary matters concerning the quality control and purifi cation of groundwater.
(3) The Minister of Environment may, when it is deemed necessary to develop a plan for the quality control and purification of groundwater under paragraph (2), ask the heads of central administrative agencies concerned, the Mayor/Do governor or the head of Si/Gun to submit necessary materials. <Newly Inserted by Presidential Decree No. 17433, Dec. 19, 2001>
(4) The modification of insignificant matters under the proviso of Article 6 (5) of the Act means the cases falling under any of the following subparagraphs: <Amended by Presidential Decree No. 17433, Dec. 19, 2001; Presidential Decree No. 19158, Nov. 30, 2005>
1. Where he alters the actual conditions of utilization of groundwater under Article 6 (1) 2 of the Act pursuant to the results of the survey on actual conditions of utilization of groundwater under Article 17 (6) of the Act; and
2. Where he alters an investment plan under paragraph (1) 3.
(5) Where the Minister of Land, Transport and Maritime Affairs establishes or alters a basic plan for groundwater management (hereinafter referred to as the "basic plan") under Article 6 (1) of the Act, he shall publicly announce the following matters in the Official Gazette: <Amended by Pres idential Decree No. 17433, Dec. 19, 2001; Presidential Decree No. 20722, Feb. 29, 2008>
1. Objectives of the basic plan;
2. Target period of the basic plan;
3. Characteristics in reserve and the exploitable volume of groundwater;
4. Survey and utilization plan for groundwater;
5. Conservation and management plan for groundwater;
6. Schedule for the quality control and purification of groundwater; and
7. Other matters as determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(6) Where the Minister of Land, Transport and Maritime Affairs publicly announces the basic plan pursuant to paragraph (5), he shall notify without delay the head of a relevant administrative agency and the Mayor/Do governor of the contents thereof. <Amended by Presidential Decree No. 17433, Dec. 19, 2001; Presidential Decree No. 20722, Feb. 29, 2008>
(7) The Mayor/Do governor who has been notified of the contents of the basic plan pursuant to paragraph (6) shall send related documents to the head of Si/Gun , and the head of Si/Gun who has received the related documents shall offer them for public perusal for not less than 20 days. <Amended by Presidential Decree No. 16297, May 10, 1999; Presidential Decree No. 17433, Dec. 19, 2001>
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 Article 7-2 (Regional Groundwater Management Plan)   print
(1) The change of minor matters provided for in the proviso of Article 6-2 (1) of the Act shall be the case falling under each subparagraph of Article 7 (4).
(2) Where the Mayor/Do governor or the head of Si/Gun draws up a regional groundwater management plan prescribed in Article 6-2 (1) or (2) of the Act (hereinafter referred to as the "regional management plan") and obtains approval therefor from the Minister of Land, Transport and Maritime Affairs, he shall announce the matters listed in the following subparagraphs in the official report. The same shall apply to a case where he alters the regional management plan: <Amended by Presidential Decree No. 19158, Nov. 30, 2005; Presidential Decree No. 20722, Feb. 29, 2008>
1. The objectives of the regional management plan;
2. The target period of the regional management plan;
3. The characteristics in reserve and the exploitable volume of groundwater;
4. The plan for the management of water volume and for the utilization of groundwater;
5. The conservation and management plan for groundwater;
6. The plan for quality control of groundwater;
7. Matters concerning the period and place during and in which relevant documents are offered for public perusal; and
8. The grounds for changing the regional management plan and contents of such change (limited to a case where the regional management plan is altered).
(3) The term "where there occur groundwater problems prescribed by Presidential Decree" in Article 6-2 (2) of the Act means the case that falls under any of the following subparagraphs: <Amended by Presidential Decree No. 19158, Nov. 30, 2005>
1. Where drying up of water source or ground subsidence happens due to the substantially lowered level of groundwater arising from the excessive development and use of groundwater;
2. Where the improvement or purification of water quality is required as the water quality of groundwater has deteriorated;
3. Where seawater has intruded into aquifer due to the excessive development and use of groundwater in the seaside area or island; or
4. Where the use of groundwater becomes difficult unless the measures necessary for conservation and management are taken.
(4) The head of Si/Gun who has received the approval for regional management plan pursuant to the provisions of Article 6-2 (2) of the Act and the head of Si/Gun who has been notified of the contents of the regional management plan by the Mayor/Do governor pursuant to the provisions of latter part of paragraph (4) of the same Article shall make the contents thereof available to the public for twenty days or more. <Amended by Presidential Decree No. 19158, Nov. 30, 2005>
[This Article Newly Inserted by Presidential Decree No. 17433, Dec. 19, 2001]
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 Article 8 (Application, etc. for Permission to Develop and Utilize Groundwater)   print
(1) Any person who intends to obtain permission on the development and utilization of groundwater under Article 7 (1) or 8 (2) (proviso) of the Act shall submit a written application for permission to the head of Si/Gun accompanied with the following documents: Provided, That where an application for the permission of development and use of groundwater is made pursuant to the provisions of proviso of Article 8 (2) of the Act, the submission of documents listed in subparagraph 1 may be dispensed with: <Amended by Presidential Decree No. 16297, May 10, 1999; Presidential Decree No. 19158, Nov. 30, 2005; Presidential Decree No. 20722, Feb. 29, 2008>
1. Cadastral map or forest map which indicates the locations of facilities for developing and using groundwater;
2. Layout plan of facilities for developing and using groundwater;
3. Groundwater impact statement; and
4. Other documents as determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) Any installation diagram of facilities for developing and using ground water under paragraph (1) 2 shall be drawn by any of the following: <Amended by Presidential Decree No. 16297, May 10, 1999; Presidential Decree No. 17433, Dec. 19, 2001; Presidential Decree No. 19158, Nov. 30, 2005; Presidential Decree No. 20241, Sep. 6, 2007; Presidential Decree No. 22626, Jan. 17, 2011>
1. A specialized groundwater survey agency;
2. An engineering business operator in the field of geological features, foundation, development of underground resources, development of water sources, water supply and drainage, or agricultural or fishery civil engineering who has reported under the Engineering Industry Promotion Act;
3. A professional engineer in the field of geological features, foundation, development of underground resources, development of water sources, water supply and drainage, or agricultural or fishery civil engineering who has registered the opening of an professional engineers' office under the Professional Engineers Act;
4. A groundwater impact investigation agency under Article 27 (1) of the Act (hereinafter referred to as the "groundwater impact investigation agency");
5. An operator of groundwater purification business (hereinafter re ferred to as the "groundwater purification business operator") who has registered under Article 29-2 (1) of the Act; and
6. Any agent for investigating environmental impact, who has registered under Article 15 of the Drinking Water Management Act.
(3) The layout plan of the facilities for developing and using ground water in paragraph (1) 2 shall meet the requirements listed in the following subparagraphs: <Newly Inserted by Presidential Decree No. 19158, Nov. 30, 2005; Presidential Decree No. 20722, Feb. 29, 2008>
1. To have the upper part of the protection wall under the ground surface installed above the ground surface: Provided, That this shall not apply where the Mayor/Do governor deems that the installation under the ground surface is necessary in view of the topographic conditions;
2. To install the upper protection facility firmly so as not to be damaged, broken or polluted, and to have a drain installed in the upper protection facility; and
3. To have an information board prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs affixed to the upper pro tection facility.
(4) The detailed standards for installation of the facilities for development and use of groundwater besides those prescribed in paragraph (3) shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Newly Inserted by Presidential Decree No. 19158, Nov. 30, 2005; Presidential Decree No. 20722, Feb. 29, 2008>
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 Article 8-2 (Purposes of Development and Utilization of Groundwater)   print
Any person who intends to develop and utilize groundwater shall indicate the purposes of development and utilization of groundwater that fall under any of the following subparagraphs when he makes an application or report pursuant to the provisions of Articles 7 (1) and 8 (1) of the Act, and also indicate whether it is utilized as drinking
water when classifying the purposes:
1. Household water: groundwater used for daily life, such as house hold use: Provided, That groundwater falling under subparagraph 2 or 3 is excluded;
2. Industrial water: groundwater used for the manufacture of goods and operation of equipment in the factories or other manufacturing industries; or
3. Agricultural and fishery water: the groundwater used for the agriculture, forestry, livestock and fishery business.
[Newly Inserted by Presidential Decree No. 19158, Nov. 30, 2005]
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 Article 9 (Review of Groundwater Impact Investigation)   print
(1) Where the head of Si/Gun receives a written investigation of groundwater impact from any person who has applied for permission on groundwater development and utilization pursuant to Article 7 (2) of the Act, he shall review whether it conforms to the items, method for investigation and assessment standards of groundwater impact investigation under Article 12 (1). <Amended by Presidential Decree No. 16297, May 10, 1999>
(2) In reviewing a groundwater impact investigation pursuant to par agraph (1), the head of Si/Gun may, where he deems it necessary to adjust or supplement it, ask any person who has applied for permission on groundwater development and utilization to adjust or supplement the groundwater impact investigation. <Amended by Presidential Decree No. 16297, May 10, 1999>
(3) The head of Si/Gun may seek the opinions from the related experts
where deemed it necessary to review the groundwater impact investigation pursuant to paragraph (1). <Amended by Presidential Decree No. 16297, May 10, 1999>
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 Article 9-2 (Restriction on Permission for Development and Utilization of Groundwater or on Volume of Groundwater to be Collected)   print
The term "cases which are prescribed by Presidential Decree" in Article 7 (3) 4 of the Act means where a request is made by the relevant administrative agency for restriction on such development and utilization of groundwater as may impact on the water volume of the rivers under the River Act. <Amended by Presidential Decree No. 19158, Nov. 30, 2005>
[This Article Newly Inserted by Presidential Decree No. 16297, May 10, 1999]
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 Article 10 Deleted. <by Presidential Decree No. 17433, Dec. 19, 2001>   print
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 Article 11 (Alteration of Permitted Matters)   print
(1) The term "case where he intends to alter matters as prescribed by Presidential Decree" in the main sentence of Article 7 (6) of the Act means: <Amended by Presidential Decree No. 17433, Dec. 19, 2001; Presidential Decree No. 19158, Nov. 30, 2005>
1. Deleted; <by Presidential Decree No. 17433, Dec. 19, 2001>
2. Where he alters (including the alteration of whether to utilize for drinking water or not) the purposes of development and utilization of groundwater; and
3. A case where he alters facilities installed for developing and utilizing groundwater [limited to a case where the pumping capacity of groundwater is increased (referring to the maximum exploitable volume of water that is made possible by making use of the relevant facilities in light of the power unit of groundwater development and utilization facilities as well as the diameter and depth, etc. of earthen pipes; hereinafter the same shall apply)].
(2) Where any person who has obtained permission on groundwater development and utilization pursuant to Article 7 (1) of the Act intends to alter the permitted matters, he shall make an application for the permission of alteration under the conditions as determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Presidential Decree No. 17433, Dec. 19, 2001; Presidential Decree No. 19158, Nov. 30, 2005; Presidential Decree No. 20722, Feb. 29, 2008>
(3) Deleted. <by Presidential Decree No. 17433, Dec. 19, 2001>
(4) Deleted. <by Presidential Decree No. 20877, Jun. 25, 2008>
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 Article 12 (Items and Method, etc. of Groundwater Impact Investigation)   print
(1) The items, method of investigation and assessment standards of the groundwater impact investigation under Article 7 (8) of the Act shall be listed in the attached Table 1: Provided, That where deemed it particularly necessary to conserve groundwater, the Mayor/Do governor may add other items and method of investigation thereto under the conditions as determined by the Municipal Ordinances of the relevant Special Metropolitan City, Metropolitan City or Do(hereinafter referred to as the "City/Do") or the items and method of investigation and assessment standards of the environmental impact investigation may be based on those of Article 10 of the Drinking Water Management Act. <Amended by Presidential Decree No. 19158, Nov. 30, 2005; Presidential Decree No. 20877, Jun. 25, 2008>
(2) The guidelines and contents of making a groundwater impact investigation under Article 7 (8) of the Act shall be listed in the attached Table 2. <Amended by Presidential Decree No. 20877, Jun. 25, 2008>
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 Article 12-2 (Permission for Groundwater Development and Utilization in Vicinity of River)   print
The term "the scope prescribed by Presidential Decree" in Article 7-2 (1) of the Act means any area within 300 meters from the river area.
[This Article Newly Inserted by Presidential Decree No. 17433, Dec. 19, 2001]
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 Article 12-3 (Extension of Valid Term for Groundwater Development and Utilization)   print
Any person, who intends to get the valid term of the permission for his groundwater development and utilization extended in accordance with Article 7-3 (3) of the Act, shall file an application for extending such term, accompanied by a survey report on groundwater impact that is compiled based on the survey conducted within the last six months, with the head of Si/Gun 30 days prior to the expiration of valid term under the conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Presidential Decree No. 20722, Feb. 29, 2008>
[This Article Newly Inserted by Presidential Decree No. 17433, Dec. 19, 2001]
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 Article 13 (Report on Groundwater Development and Utilization)   print
(1) Any person who intends to make a report on groundwater development and utilization pursuant to the provisions of Article 7 (6) (proviso) or 8 (1) of the Act shall submit the following documents to the head of Si/Gun : Provided, That in cases falling under Article 7 (6) (proviso) or 8 (1) 1 of the Act, submission of documents may be in part dispensed with as determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs: <Amended by Presidential Decree No. 16297, May 10, 1999; Presidential Decree No. 19158, Nov. 30, 2005; Presidential Decree No. 20722, Feb. 29, 2008>
1. Cadastral map or forest map which indicates the locations of facilities for developing and using groundwater;
2. Layout plan of facilities for developing and using groundwater; and
3. Other documents as determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(2) Any person who intends to make a report on groundwater development and utilization pursuant to Article 8 (1) of the Act may follow the standard diagram of facilities for developing and using groundwater under the conditions as determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs in drawing an installation diagram of facilities for developing and using groundwater under paragraph (1) 2. <Amended by Presidential Decree No. 20722, Feb. 29, 2008>
(3) The term "under the scale as prescribed by Presidential Decree" in Article 8 (1) 2 of the Act means cases where pumping capacity per day is not more than 150 tons of water (limited to cases where earthen pipes whose inner diameter is not more than 50 millimeters are used): Provided, That where deemed it particularly necessary for the conservation of groundwater or depending on regional conditions, the Mayor/Do governor may regulate pumping capacity within a half limit under the conditions as determined by Municipal Ordinances of the City/Do concerned.
(4) The term "under the scale as prescribed by Presidential Decree" in Article 8 (1) 5 of the Act means cases where pumping capacity per day is not more than 100 tons of water (limited to cases where earthen pipes whose inner diameter is not more than 40 millimeters are used): Provided, That where deemed it particularly necessary for the conservation of groundwater or depending on regional conditions, the Mayor/Do governor may regulate pumping capacity within a half limit under the conditions as determined by Municipal Ordinances of the City/Do concerned.
(5) In calculating the pumping capacity under paragraphs (3) and (4), the entire pumping capacity shall be summed up in the case falling under any of the following subparagraphs: <Amended by Presidential Decree No. 17433, Dec. 19, 2001; Presidential Decree No. 19158, Nov. 30, 2005>
1. Where any person who has already developed and utilized ground water increases the original pumping capacity of the relevant facilities;
2. Where any person installs not less than two groundwater development and utilization facilities in the same place of business; or
3. Where the same person installs not less than two groundwater development and utilization facilities in an area whose distance between such groundwater development and utilization facilities is not more than 50 meters.
(6) The modification of important matters under the main sentence of Article 8 (2) of the Act means cases falling under any of the following subparagraphs: <Amended by Presidential Decree No. 16297, May 10, 1999; Presidential Decree No. 17433, Dec. 19, 2001; Presidential Decree No. 19158, Nov. 30, 2005; Presidential Decree No. 20877, Jun. 25, 2008>
1. Where the reporter's title is changed;
2. Where the purposes of groundwater development and utilization are altered (including the alteration of whether to utilize for drinking water or not);
3. Where the facilities for developing and using groundwater are altered; or
4. Deleted. <by Presidential Decree No. 20877, Jun. 25, 2008>
(7) Any person who intends to make a report of alteration pursuant to the main sentence of Article 8 (2) of the Act shall make a report to the head of Si/Gun within one month from the date on which any cause for alteration occurs. <Amended by Presidential Decree No. 16297, May 10, 1999; Presidential Decree No. 19158, Nov. 30, 2005>
(8) The provisions of Article 8 (3) and (4) shall apply mutatis mutandis to the installation of groundwater development and utilization facility which is subject to report. <Newly Inserted by Presidential Decree No. 19158, Nov. 30, 2005>
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 Article 13-2 (Orders Issued to Make Corrections, etc.)   print
(1) The head of Si/Gun shall, when he intends to take necessary measures, such as a corrective order, the order to suspend the use or the order for joint utilization, against any person who has filed a report on the groundwater development and utilization under Article 8 (3) of the Act, serve notice thereof on him in the form of a document specifying
the grounds for issuing each of such orders, how to execute each of such orders and a fixed period during which each of such orders is executed, etc.
(2) With respect to any person who has failed to execute any of the orders given under paragraph (1) within the fixed period due to inevitable cause such as natural disaster, the head of Si/Gun may extend such
fixed period within the limit of the original period only once. In this case, any person who intends to get the fixed period extended shall file an application for extending such fixed period with the head of Si/Gun 3 days prior to the expiration of the fixed period.
(3) Any person who has been notified of any of the orders given under paragraph (1) shall, when he carries out any of such orders, make a report thereon to the head of Si/Gun within fifteen days from the date on which he carries out any of such orders under the conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
<Amended by Presidential Decree No. 19158, Nov. 30, 2005; Presidential Decree No. 20722, Feb. 29, 2008>
[This Article Newly Inserted by Presidential Decree No. 17433, Dec. 19, 2001]
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 Article 14 (Report on Completing Construction Work)   print
(1) Deleted. <by Presidential Decree No. 16297, May 10, 1999>
(2) Where any person who has obtained permission pursuant to Article 7 of the Act or has made a report pursuant to Article 8 of the Act completes construction work for the installation of facilities for developing and using groundwater, he shall make a report to the head of Si/Gun within 1 month from the date on which he completes construction work under the conditions as determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Presidential Decree No. 16297, May 10, 1999; Presidential Decree No. 19158, Nov. 30, 2005; Presidential Decree No. 20722, Feb. 29, 2008>
(3) Where the head of Si/Gun receives a report on completion of construction work under paragraph (2), he shall deliver a certificate of completion after confirming whether the facilities for developing and using groundwater are installed in conformity with the permitted or reported contents within 15 days from the date on which he receives the report under the conditions as determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Presidential Decree No. 16297, May 10, 1999; Presidential Decree No. 19158, Nov. 30, 2005; Presidential Decree No. 20722, Feb. 29, 2008>
(4) The term "matters prescribed by Presidential Decree, such as the location, etc. of groundwater development and utilization facilities" in Article 9 (2) of the Act means the matters of the following subparagraphs: <Newly Inserted by Presidential Decree No. 19158, Nov. 30, 2005>
1. The location of groundwater development and utilization facilities; and
2. Matters falling under any of the following items:
(a) The depth and diameter of excavation and planned exploitable volume of water among the contents of installation of facilities; or
(b) The power equipment, inner diameter of blowoff pipe, depth of installation, capacity of pumping.
(5) Where the Mayor/Do governor intends to order correction or to take necessary measures to the person who has reported the completion of construction pursuant to the provisions of Article 9 (2) of the Act, he shall notify the contents affixing a specified period of performance within the extent of three months. <Newly Inserted by Presidential Decree No. 19158, Nov. 30, 2005>
(6) The Mayor/Do governor may extend once more the period of performance within the extent of the original period of performance to the person who has failed to perform the ordered measures within the period referred to in paragraph (5) due to natural disaster or other unavoidable causes. In this case, the person who intends to have the performance period extended shall apply for the extension of period to the Mayor/Do governor by three days before the expiration of the original performance period. <Newly Inserted by Presidential Decree No. 19158, Nov. 30, 2005>
(7) Where the person who was notified of the measures, such as the order of correction, etc. pursuant to the provisions of paragraph (5) has performed the order of performance, etc., he shall notify the Mayor/Do
governor of the matters of performance within fifteen days from the date of performance as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Newly Inserted by Presidential Decree No. 19158, Nov. 30, 2005; Presidential Decree No. 20722, Feb. 29, 2008>
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 Article 14-2 (Uses of Flowing-out Groundwater)   print
The term "use prescribed by Presidential Decree" in Article 9-2 (2) of the Act means a use listed in the following subparagraphs:
1. For the purposes of fire-fighting, cleaning, landscaping or construction works of domestic water;
2. Other uses recognized as necessary by the Mayor/Do governor.
[This Article Wholly Amended by Presidential Decree No. 19158, Nov. 30, 2005]
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 Article 14-3 (Reporting, etc. on Excavation Affecting Groundwater)   print
(1) The term "important matters prescribed by Presidential Decree" in the latter part of Article 9-4 (1) of the Act means any of the following matters: <Newly Inserted by Presidential Decree No. 19158, Nov. 30, 2005>
1. The depth or diameter of excavation; and
2. The name of a construction company.
(2) The term "acts as prescribed by Presidential Decree" in Article 94 (1) 4 of the Act means any of the following acts: <Amended by Presidential Decree No. 19158, Nov. 30, 2005; Presidential Decree No. 20256, Sep. 10, 2007; Presidential Decree No. 20877, Jun. 25, 2008; Presidential Decree No. 22556, Dec. 28, 2010>
1. Exploration under subparagraph 2 of Article 3 of the Mining Industry Act;
2. Geological and groundwater surveys, the excavation diameter of which exceeds 75 millimeters (excluding the cases of national defense and military purposes);
3. Construction works for geothermal air-conditioning or heating facilities to use subterranean heat as energy source for air-conditioning or heating (hereafter referred to as "geothermal air-conditioning or heating facilities"), which do not use groundwater.
(3) The term "extent prescribed by Presidential Decree" in Article 9 4 (3) of the Act means the case where groundwater development and utilization facilities installed in an area located within 50 meters in a radius from the center of a place where excavation takes place fall under any of the following subparagraphs:
1. Where the maximum exploitable volume of groundwater per day decreases by not less than 1/5; and
2. Where the quality of groundwater fails to meet water-quality standards set under Article 20 (2) of the Act (hereinafter referred to as "waterquality standards").
[This Article Newly Inserted by Presidential Decree No. 17433, Dec. 19, 2001]
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 Article 14-4 (Post Management, etc. of Groundwater Development and Utilization Facilities)   print
(1) The term "measures necessary for post management" in Article 95 (1) of the Act means cleaning, inspection and maintenance of groundwater development and utilization facilities.
(2) Where the Mayor/Do governor intends to take necessary measures, such as an order of correction, suspension of use, etc. pursuant to the provisions of Article 9-5 (3) of the Act against the person who has not performed the post management or has reported fraudulently, he shall notify the person who develops and utilizes groundwater of the contents thereof affixing a specific period of time within the extent of three months.
(3) The provisions of Article 14 (6) and (7) shall apply mutatis mutandisto the extension of performance period of necessary measures, such as order of correction, suspension of utilization, etc. pursuant to the provisions of Article 9-5 (3) of the Act and the notification of performance result.
(4) The scale and usage of the facilities subject to post management pursuant to Article 9-5 (4) of the Act shall be as listed in the following subparagraphs and the post management shall be performed be every two years: Provided, That the post management of the facilities falling under subparagraph 4 shall be performed every five years: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 20877, Jun. 25, 2008>
1. A facility with a pumping capacity exceeding 100 tons a day from among the facilities for groundwater development and utilization by the State or local government for emergency water supply against war or state of emergency;
2. A facility with a pumping capacity exceeding 100 tons a day from among the groundwater development and utilization facilities for public water supply pursuant to the provisions of Article 19 (1);
3. A facility with a pumping capacity exceeding 100 tons a day as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs from among the facilities that develop and utilize multitude-use groundwater after receiving permission, approval, etc. or reporting pursuant to the provisions of the Act or other Acts; and
4. The facility excluding a facility falling under subparagraph 2, under subparagraph 3 or geothermal air-conditioning or heating facility from among the groundwater development and utilization facilities permitted pursuant to Article 7 (1) of the Act or the proviso of Article 8 (2) of the Act.
(5) The detailed methods of cleaning, inspection and maintenance of groundwater development and utilization facilities pursuant to the provisions of paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Presidential Decree No. 20722, Feb. 29, 2008>
[This Article Newly Inserted by Presidential Decree No. 19158, Nov. 30, 2005]
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 Article 15 (Degree of Inferior Water Quality)   print
(1) Deleted. <by Presidential Decree No. 19158, Nov. 30, 2005>
(2) The term "inferior water quality" in Articles 10 (1) 7 and 15 (1) 4 of the Act means the level at which the quality of groundwater is unfit for development and utilization: Provided, That in an area where water service is not supplied, the water quality of a groundwater development and utilization facility approved by the head of Si/Gun as in need of purification treatment for the purpose of groundwater development and utilization for daily use means that the quality of water even after purification treatment is not suitable for development and utilization. <Amended by Presidential Decree No. 19158, Nov. 30, 2005; Presidential Decree No. 20877, Jun. 25, 2008>
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 Article 16 (Order, etc. for Correction before Revocation of Permission)   print
(1) Where the head of Si/Gun intends to order any correction or take necessary measures pursuant to Article 10 (3) of the Act before revoking permission on groundwater development and utilization, he shall no tify the contents thereof to the person who has obtained permission on groundwater development and utilization within a fixed period not exceeding 3 months. <Amended by Presidential Decree No. 16297, May 10, 1999>
(2) The head of Si/Gun may extend the period notified pursuant to paragraph (1) only once within the initially notified period where he deems inevitable cause including natural disasters or other calamities exist. In this case, any person who intends to have the period extended shall make an application for extension of the period to the head of Si/Gun no later than 3 days before the initially notified period expires. <Amended by Presidential Decree No. 16297, May 10, 1999>
(3) Where any person who has received notification pursuant to paragraph (1) carries out an order for correction or measures, he shall notify the head of Si/Gun within 15 days from the date on which he does so under the conditions as determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Presidential Decree No. 16297, May 10, 1999; Presidential Decree No. 19158, Nov. 30, 2005; Presidential Decree No. 20722, Feb. 29, 2008>
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 Articles 17 and 18 Deleted. <by Presidential Decree No. 16297, May 10, 1999>   print
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 Article 19 (Area to be Designated as Groundwater Preservation Area)   print
(1) The term "groundwater development and utilization facilities for public water-supply prescribed by Presidential Decree" in Article 12 (1) 3 of the Act means the groundwater development and utilization facilities installed to supply the wide-area waterworks, local waterworks, small-scale waterworks, exclusive waterworks or small-size water-supply system prescribed in Article 3 of the Water Supply and Waterworks Installation Act with groundwater (hereinafter referred to as "public water-supply facilities") and the term "the radius prescribed by Presidential Decree" means 50 meters. <Amended by Presidential Decree No. 19158, Nov. 30, 2005>
(2) The term "area prescribed by Presidential Decree" in Article 12 (1) 7 of the Act means the area falling under any of the following subparagraphs: <Amended by Presidential Decree No. 19158, Nov. 30, 2005>
1. The area which is recognized as in need of conservation or restriction of development of groundwater pursuant to the basic plan or regional management plan;
2. The area which is apprehended to have been invaded or to be invaded by seawater into the geological stratum endowed with groundwater due to excessive development and utilization of groundwater in the seaside area and island; or
3. The area which is apprehended to suffer a fall in the volume of groundwater used by public water-supply facilities due to the installation of groundwater development and utilization facilities and located within a 100-meter radius from the center of such public water-supply facilities.
(3) Deleted. <by Presidential Decree No. 19158, Nov. 30, 2005>
(4) The term "area prescribed by Presidential Decree" in Article 12 (6) 3 of the Act means the area that is deemed necessary to be designated as a groundwater preservation area under the basic plan.
(5) The scope of designating any groundwater preservation area provided for in Article 12 (1) of the Act is as shown in the attached Table 3.
[This Article Wholly Amended by Presidential Decree No. 17433, Dec. 19, 2001]
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 Article 20 (Designation Procedures, etc. of Groundwater Preservation Area)   print
(1) Where it is deemed necessary to designate a groundwater preservation area or alter the designation (including removal of designation; hereinafter the same shall apply) under Article 12 (1) of the Act, the head of a relevant central administrative agency or the head of Si/Gun may ask the Mayor/Do governor to designate a groundwater preservation area or alter the designation under the conditions as determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Presidential Decree No. 16297, May 10, 1999; Presidential Decree No. 20722, Feb. 29, 2008>
(2) Where the head of a relevant central administrative agency or the head of Si/Gun asks for the designation or alteration of designation of a groundwater preservation area pursuant to paragraph (1), he shall submit a written request, accompanied by the following documents: <Amended by Presidential Decree No. 16297, May 10, 1999; Presidential Decree No. 19158, Nov. 30, 2005; Presidential Decree No. 20722, Feb. 29, 2008>
1. Documents which contain the purpose of or cause for designation or alteration of designation;
2. Documents which contain the contents of designation or alteration of designation;
3. Topography drawn on a scale of 1 to 5,000 or greater which indicates the range and size of an area which he intends to designate or alter the designation;
4. Land protocol with the lot number, land category and size of the area; and
5. Other documents as determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(3) Where deemed that the request for designation or alteration of designation of a groundwater preservation area under paragraph (1) is reasonable, the Mayor/Do governor shall designate a groundwater preservation area or alter the designation. <Amended by Presidential Decree No. 19158, Nov. 30, 2005>
(4) Where the Mayor/Do governor intends to designate a groundwater preservation area or alter the designation pursuant to Article 12 (1) of the Act, he shall take the following matters into consideration: <Amended by Presidential Decree No. 17433, Dec. 19, 2001>
1. Characteristics in reserve and actual conditions on utilization of groundwater;
2. Water-quality characteristics and polluted condition of groundwater;
3. Effects on natural ecosystem due to groundwater development;
4. The current utilization of land in the relevant area;
5. The installation of current facilities that cause the pollution of groundwater in the relevant area under Article 26-2 (1); and
6. Relevance to any development plan under other Acts and subordi nate statutes.
(5) Any alteration of minor matters under the proviso of Article 12 (2) of the Act shall mean:
1. Where the name of a groundwater preservation area is altered; and
2. Where the size of a groundwater preservation area is increased or decreased within 10% of the designated area.
(6) Where the Mayor/Do governor designates a groundwater preservation area or alters the designation, he shall make public notice of the following matters in the official report, etc. pursuant to Article 12 (5) of the Act, and the head of Si/Gun who has received the notification of designation or alteration of designation of a groundwater preservation area from the Mayor/Do governor shall make the publicly notified con tents available to the public for not less than 20 days pursuant to Article 12 (5) of the Act: <Amended by Presidential Decree No. 16297, May 10, 1999; Presidential Decree No. 19158, Nov. 30, 2005; Presidential Decree No. 20722, Feb. 29, 2008>
1. Date on which a groundwater preservation area has been designated or altered;
2. Name of a groundwater preservation area;
3. Location and size of a groundwater preservation area;
4. Cause for designation or alteration of designation of a groundwater preservation area;
5. Drawing that is prepared based on the topographical drawing made on a scale of 1 to 5,000 or greater; and
6. Other matters as determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(7) Where the Mayor/Do governor designates a groundwater preservation area or alters the designation, he shall make public notice of the groundwater preservation area concerned: Provided, That this shall not apply in case where he removes the designation of a groundwater preservation area.
(8) Where deemed that any cause falling under any subparagraphs of Article 12 (1) of the Act has disappeared, the Mayor/Do governor shall remove the designation of a groundwater preservation area.
(9) Necessary matters on public notification under paragraph (7) shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Presidential Decree No. 20722, Feb. 29, 2008>
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 Article 20-2 (Hearing Opinion of Residents)   print
(1) When the Mayor/Do governor intends to hear the opinion of residents regarding the designation or alteration of designation of a groundwater preservation area pursuant to the provisions of the main sentence of Article 12-2 (1) of the Act, he shall notify the relevant head of Si/Gun of the announcement plan containing the essential contents of the designation plan or alteration plan of designation.
(2) The head of Si/Gun who has been notified pursuant to the provisions of paragraph (1) shall announce it for at least fourteen days so that the residents may read it.
(3) Those who have any opinion on the designation or alteration of designation of a groundwater preservation area announced and perused pursuant to paragraph (2) may submit their opinions in writing to the Mayor/Do governor within the period of public perusal.
(4) The Mayor/Do governor shall consider whether to reflect the opinions submitted pursuant to the provisions of paragraph (3) in the designation or alteration of designation of a groundwater preservation area, and notify the result to the person who submitted the opinion concerned within thirty days from the date of completion of perusal.
(5) The term "minor matters as prescribed by Presidential Decree" in the proviso of Article 12-2 (1) of the Act means the case for the cor rection of errors in the calculation of area among the contents of a designation or alteration of designation of a groundwater preservation area.
[This Article Newly Inserted by Presidential Decree No. 19158, Nov. 30, 2005]
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 Article 21 (Prohibition of Acts within Groundwater Preservation Areas)   print
(1) The term "extent beyond those as prescribed by Presidential Decree" in Article 13 (1) 1 of the Act means cases where pumping capacity per day is not less than 30 tons of water. In this case, where earthen pipes whose inner diameter is not less than 32 millimeters are used, pumping capacity per day shall be deemed not less than 30 tons of water.
(2) The provisions of Article 13 (5) shall apply mutatis mutandisto the measurement of pumping capacity under paragraph (1). <Amended by Presidential Decree No. 17433, Dec. 19, 2001>
(3) The term "facilities as prescribed by Presidential Decree" in the part other than the items of Article 13 (1) 2 of the Act means facilities subject to permission, approval, report, etc. under the Water Quality and Aquatic Ecosystem Conservation Act, the Wastes Control Act, the Toxic Chemicals Control Act, the Soil Environment Conservation Act, the Sewerage Act, or the Act on the Management and Use of Livestock Excreta.
<Amended by Presidential Decree No. 19158, Nov. 30, 2005; Presidential Decree No. 20290, Sep. 27, 2007; Presidential Decree No. 20428, Nov. 30, 2007>
(4) The term "acts as prescribed by Presidential Decree" in Article 13 (1) 3 of the Act means: <Amended by Presidential Decree No. 20722, Feb. 29, 2008>
1. The act of conducting underground excavation work such as tunneling work which threatens to alter flowing route or flowing velocity of groundwater;
2. The act of installing structures such as underground oil storages which threaten to pollute groundwater;
3. The act of installing wastes reclamation land, specific waste storage facilities and cemeteries;
4. The acts of digging for minerals, picking earth and stones and raising stocks, etc. beyond the extent as determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs, which can have serious effect on the volume and quality of groundwater; and
5. Deleted. <by Presidential Decree No. 16297, May 10, 1999>
(5) The head of Si/Gun shall, when he intends to ban any act of newly developing and utilizing groundwater in the groundwater preservation area in accordance with Article 13 (2) of the Act, publish matters falling under each of the following subparagraphs in the public report, etc. and make the contents of such publication available to the public for a period of not less than twenty days: <Amended by Presidential Decree No. 17433, Dec. 19, 2001; Presidential Decree No. 19158, Nov. 30, 2005>
1. The date on which the groundwater preservation area has been designated or the date on which such designation has been altered;
2. The name of the groundwater preservation area;
3. The location and size of the groundwater preservation area;
4. The drawing that is prepared based on the topographical drawing made on a scale of 1 to 5,000 or greater; and
5. The substance of the banned act of developing and utilizing groundwater and the period during which such banned act is imposed.
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 Article 22 (Amount and Deposit Time, etc. of Guaranty Money)   print
(1) Any person who has obtained permission or authorization, etc. for or made a report on the development and utilization of groundwater under Article 7 (1), 8 (1), 9-4 (1) or 13 (1) 1 of the Act or under other Acts shall deposit the guaranty money under Article 14 of the Act in cash or by a written guarantee or securities, etc. as determined by the Ordinance of the Ministry of Land, Transport and Maritime Affairs before the date of the start of the construction work concerned. <Amended by Presidential Decree No. 16297, May 10, 1999; Presidential Decree No. 19158, Nov. 30, 2005; Presidential Decree No. 20722, Feb. 29, 2008>
(2) The amount of guaranty money under paragraph (1) shall be the expenses required for the restoration to the original state, and the detailed standards for calculation of the amount shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Presidential Decree No. 16297, May 10, 1999; Presidential Decree No. 20722, Feb. 29, 2008>
(3) The deposit period of guaranty money under Article 14 (1) of the Act shall be 5 years from the date on which the works commence: Provided, That where deemed it particularly necessary, taking into account the regional conditions or the situation of the facilities for developing and using groundwater, the head of Si/Gun may have guaranty money deposited continuously after reviewing whether it is necessary to do so every 5 years. <Amended by Presidential Decree No. 16297, May 10, 1999; Presidential Decree No. 17433, Dec. 19, 2001>
(4) Where the period of groundwater development and utilization is determined under Articles 7 and 7-3 of the Act or other Acts, the deposit period of guarantee money shall, notwithstanding the provisions of paragraph (3), expire on the date on which one year lapses after the expiration of the period of development and utilization. Where the period of groundwater development and utilization is extended, the deposit period of guarantee money shall expire on the date on which one year lapses after the expiration of the period of groundwater development and utilization from the day on which permission is granted for such extension. <Amended by Presidential Decree No. 17433, Dec. 19, 2001>
(5) Where any person who is obligated to restore an area to the original state (hereinafter referred to as "person obligated to restore to the original state") pursuant to Article 15 (1) of the Act does so, the deposit period of guaranty money elapses or the relevant area falls under Article 23 (1) 3, the head of Si/Gun shall return the guaranty money under the conditions as determined by the Ministry of Land, Transport and Maritime Affairs. <Amended by Presidential Decree No. 16297, May 10, 1999; Presidential Decree No. 17433, Dec. 19, 2001; Presidential Decree No. 19158, Nov. 30, 2005; Presidential Decree No. 20722, Feb. 29, 2008>
(6) Deleted. <by Presidential Decree No. 17433, Dec. 19, 2001>
(7) The head of Si/Gun may, if the guaranty money falls short of the cost required to restore the original state when he restores the original state on behalf of the person obliged to restore the original state in accordance with Article 15 (4) of the Act, demand additional funds from the person obligated to restore the original state, and shall return the balance of guaranty money without delay to the latter where there is any balance after the guaranty money is spent. <Amended by Presidential Decree No. 16297, May 10, 1999; Presidential Decree No. 17433, Dec. 19, 2001>
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 Article 22-2 (Exemption from Liability of Depositing Guaranty Money)   print
The term "cases prescribed by Presidential Decree as deemed surely to be restored to the original state" in Article 14 (1) 2 of the Act means the cases falling under Article 14-3 (2) 3.
[This Article Newly Inserted by Presidential Decree No. 19158, Nov. 30, 2005]
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 Article 23 (Exception, etc. to Restoration to Original State)   print
(1) The term "cases as determined by Presidential Decree" in the proviso of the part other than subparagraphs in Article 15 (1) of the Act means the case falling under any of the following subparagraphs: <Amended by Presidential Decree No. 16297, May 10, 1999; Presidential Decree No. 19158, Nov. 30, 2005>
1. Where he continues to develop and use groundwater by obtaining permission or authorization, etc. or making a report pursuant to the provisions of the Act or other Acts;
2. Where the head of Si/Gun deems that it is necessary to use as water level observatory or water quality observatory of groundwater; and
3. Where the head of Si/Gun deems that it is unnecessary to restore the original state under topographical conditions.
(2) The term "other cases which require the restoration of the original state and which are, at the same time, determined by Presidential Decree" in Article 15 (1) 6 of the Act means the following cases: <Newly Inserted by Presidential Decree No. 16297, May 10, 1999>
1. Where the concerned ground or structures subside or are likely to subside because groundwater level is lowered; and
2. Where groundwater is dried up or is likely to be dried up because groundwater level is lowered.
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 Article 24 (Standards, Method and Period, etc. of Restoration to Original State)   print
(1) Where the head of Si/Gun intends to order the restoration to the
original state pursuant to Article 15 (2) or (3) of the Act, he shall notify the contents thereof in writing to the person obligated to restore to the original state within a fixed period of not more than one month. In this case, the person obligated to restore to the original state shall execute the restoration to the original state after notifying the head of Si/Gun of the date when the restoration to the original state is executed. <Amended by Presidential Decree No. 16297, May 10, 1999; Presidential Decree No. 19158, Nov. 30, 2005>
(2) The provisions of Article 16 (2) shall apply mutatis mutandis to an extension of the period of restoration to the original state pursuant to paragraph (1). <Amended by Presidential Decree No. 16297, May 10, 1999>
(3) The head of Si/Gun shall, in the event that he has to restore the original state on behalf of the person obliged to restore the original state in accordance with Article 15 (4) of the Act, serve a written notice thereof on the person obliged to restore the original state 7 days prior to the date on which he commences the works of restoring the original state. <Newly Inserted by Presidential Decree No. 17433, Dec. 19, 2001>
(4) The restoration to the original state under Article 15 of the Act shall be made according to the following methods: Provided, That where the head of Si/Gun deems that the restoration to the original state is insufficient by the following methods, it shall be made by another method as determined by the head of Si/Gun : <Amended by Presidential Decree No. 16297, May 10, 1999; Presidential Decree No. 17433, Dec. 19, 2001; Presidential Decree No. 19158, Nov. 30, 2005>
1. To check the inner side of the excavated hole and eliminate the installation material and polluted material and fill up from the bottom of original excavation to the ground surface with a material through which water is hard to permeate, such as cement slurry, clay, etc.: Provided, That filling up at the lower part of the protection wall beneath the ground surface (hereafter in this paragraph referred to as the "protection wall") may be filled up with a material through which water is easy to permeate, such as sand, etc.; and
2. To eliminate the protection wall installed beneath the ground sur face: Provided, That where it is hard to eliminate the protection wall, to cut off the protection wall more than one meter from the ground surface after digging out earth from the around area.
(5) The head of Si/Gun shall confirm whether or not the person obligated to restore the original state, who has received the order therefor, re stores the original state in conformity with paragraph (4) within a fixed period of restoration. <Newly Inserted by Presidential Decree No. 16297, May 10, 1999; Presidential Decree No. 17433, Dec. 19, 2001>
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 Article 25 (Measures, etc. against Pollution of Groundwater)   print
(1) Any person who is obligated to take necessary measures such as installing facilities for preventing groundwater pollution (hereinafter referred to as "person obligated to prevent groundwater pollution") pursuant to Article 16 (1) of the Act shall take measures against groundwater pollution according to the standards in the following subpara graphs: <Amended by Presidential Decree No. 16297, May 10, 1999; Presidential Decree No. 17433, Dec. 19, 2001; Presidential Decree No. 19158, Nov. 30, 2005>
1. He shall install the upper protective pores of the groundwater development and utilization facilities and protective walls beneath the surface of the earth, and maintain a certain degree of slope in the vicinity of the groundwater development and utilization facilities in order to keep pollutants from flowing into from the surface of the earth or other groundwater development and utilization facilities: Provided, That in the case falling under any of the following items, the upper protective pores may not be installed:
(a) Where groundwater is developed and utilized in any building which is not feared to face an inflow of pollutants; or
(b) Where antipollution measures are taken under subparagraph 4 when agricultural water or fishery water is developed and utilized without using any fixed power unit;
2. He shall measure the volume and quality of groundwater that is developed and utilized by installing an integrating flowmeter (in cluding a system which enables the measurement of flow, such as time clock; hereinafter the same shall apply) and the excurrent system in the upper protective pores of the groundwater development and utilization facilities (in a proper place inside a building in case that the upper protective pores are not installed under subpara graph 1 (a)): Provided, That the same shall not apply to a case where the groundwater development and utilization facilities fall under any of the following items:
(a) The groundwater development and utilization facilities whose daily pumping capacity is not more than 30 tons (limited to a case where the earthen pipes whose inner diameter measures not more than 32 millimeters are used) which are used for household or national defense and military; or
(b) The groundwater development and utilization facilities installed for agricultural use or fishery use, which do not use any fixed power unit;
3. He shall install the groundwater gauge in the groundwater development and utilization facilities to make it possible to measure the water level of groundwater: Provided, That the same shall not apply to the groundwater development and utilization facilities that fall under any of the following items:
(a) The groundwater development and utilization facilities whose excavation measures less than 100 millimeters in a diameter or the groundwater development and utilization facilities whose daily pumping capacity is not more than 30 tons (limited to a case where the earthen pipes whose inner diameter measures not more than 32 millimeters are used), which are used for household or national defense and military; or
(b) The groundwater development and utilization facilities installed for agricultural use or fishery use, which do not use any fixed power unit;
4. He shall install the earthen pipes in the groundwater development and utilization facilities for agricultural use or fishery use, which does not use any fixed power unit, not less than 30 centimeters high above the surface of the earth, and make the end portion of each of the earthen pipes the form of "ㄱ" and keep it covered in order to prevent any inflow of pollutants; and
5. He shall fulfill other measures for preventing groundwater pollution as determined by the Minister of Environment.
(2) The head of Si/Gun shall seal the integrate rain gauge installed under paragraph (1) 2 when he confirms a report on the completion of installation works in accordance with Article 14 (3). <Newly Inserted by Presi dential Decree No. 17433, Dec. 19, 2001>
(3) In the event that the sealed integrate rain gauge under para-
graph (2) needs to be replaced or repaired on the grounds that it is damaged or breaks down, any person obliged to prevent groundwater pollution shall make a report thereof to the head of Si/Gun under the conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Newly Inserted by Presidential Decree No. 17433, Dec. 19, 2001; Presidential Decree No. 20722, Feb. 29, 2008>
(4) Any person obligated to prevent groundwater pollution shall mea sure the volume of groundwater to be developed and used and its level every month by the facilities against groundwater pollution installed pursuant to paragraph (1): Provided, That this shall not apply to any facilities referred to in the proviso of paragraph (1) 3 or any facilities which are installed after a report on groundwater development and utilization under Article 8 of the Act is made and which the head of Si/Gun deems that it is not necessary to measure such volume and level. <Amended by Presidential Decree No. 16297, May 10, 1999>
(5) The matters necessary for the detailed installation standards for facilities against groundwater pollution under paragraph (1) shall be determined by Ordinance of the Ministry of Environment.
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 Article 26 (Order Given to Prevent Groundwater from Being Polluted, etc.)   print
(1) The Minister of Environment or the head of Si/Gun may, under Article 16 (2) of the Act, order any installer or manager of facilities that pollute groundwater or are feared to considerably pollute groundwater to take steps falling under each of the following subparagraphs to keep groundwater from being polluted:
1. Installation of groundwater pollution measuring gauges and the mea surement of groundwater quality;
2. Assessment of the progress of pollution in groundwater;
3. Installation of facilities used to prevent pollutants from leaking into groundwater;
4. Purification of polluted groundwater;
5. Improvements in the operation of the relevant facilities and equipment; and
6. Shutdown, transfer or removal of the relevant facilities.
(2) Necessary matters concerning the order issued to prevent ground water from being polluted under paragraph (1) shall be prescribed by the Ordinance of the Ministry of Environment.
[This Article Wholly Amended by Presidential Decree No. 17433, Dec. 19, 2001]
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 Article 26-2 (Prevention of Facilities Inducing Groundwater Pollution from Polluting Groundwater, etc.)   print
(1) Any installer or manager (hereinafter referred to as the "manager of facilities inducing groundwater pollution") of facilities inducing groundwater pollution under Article 16-2 (1) of the Act (hereinafter referred to as the "facilities inducing groundwater pollution") shall take steps falling under each of the following subparagraphs to prevent ground water from being polluted:
1. Installation of facilities used to prevent pollutants from leaking into groundwater;
2. Installation of facilities used to confirm whether pollutants leak into groundwater;
3. Installation of groundwater pollution measuring gauges between the upstream and the downstream of the facilities inducing ground water pollution; and
4. Periodic measurement of groundwater quality and filing of a report on the outcome of such periodic measurement of groundwater quality with the head of Si/Gun .
(2) The term "the groundwater pollution prescribed by the Presidential Decree is feared to occur or the time that the groundwater pollution occurs" in Article 16-2 (2) of the Act means the time that pollutants leak into nearby groundwater in the course of operating the facilities inducing groundwater pollution.
(3) The manager of facilities inducing groundwater pollution shall, when the relevant facilities fall under paragraph (2), take without any delay steps falling under each of the following subparagraphs:
1. The measurement of quality of groundwater that is required under Article 16-2 (1) of the Act;
2. The removal of pollutants; and
3. The installation of facilities used to deter the proliferation of pol lutants.
(4) The manager of facilities inducing groundwater pollution shall, when he takes the steps required by paragraph (3), report without any delay matters falling under each of the following subparagraphs to the head of Si/Gun :
1. Date and place on and in which a groundwater pollution incident occurs, and the cause and substance of such incident;
2. Kind, density and quantity of pollutants leaking into groundwater;
3. Area that is feared to suffer damage caused by groundwater pollution incident and a place where the measurement of water quality is taken;
4. Details of various steps taken to control such groundwater pollution incident; and
5. A topographical map, a land registration map or a forest land map, each drawn on a scale of not less than 1 to 5,000 or greater.
(5) Necessary matters concerning the method of installing groundwater pollution measuring gauges, the period and method during and by which water quality is measured and how to make a report on the outcome of the measurement of water quality, etc. provided for in paragraph (1) shall be prescribed by the Ordinance of the Ministry of Environment.
[This Article Newly Inserted by Presidential Decree No. 17433, Dec. 19, 2001]
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 Article 26-3 (Measures Taken against Manager of Facilities Inducing Groundwater Pollution)   print
(1) In the event that any groundwater is found to fail to meet waterquality standards set by the Ordinance of the Ministry of Environment in accordance with Article 16-3 (1) of the Act as a result of the measurement of water quality of such groundwater that is taken in accordance with Article 16-2 (1) of the Act, the Minister of Environment or the head of Si/Gun shall order the manager of facilities inducing groundwater pollution that provides a cause of pollution to make a report on dangers posed by groundwater pollution, the scope of such pollution, the assessment of the cause of such pollution and steps planned to be taken to prevent a recurrence of such pollution, etc. (hereinafter referred to as the "report on the assessment of groundwater pollution") under the conditions as prescribed by the Ordinance of the Ministry of Environ ment.
(2) The Minister of Environment or the head of Si/Gun shall order the manager of facilities inducing groundwater pollution to take necessary steps from among the steps falling under each of the following subparagraphs:
1. A close survey conducted to find the scope of groundwater pollution;
2. Installation of additional facilities used to prevent pollutants from leaking into groundwater;
3. A change in the traditional methods of transporting, storing and treating pollutants that can leak into groundwater;
4. A project undertaken to purify polluted groundwater;
5. Improvements in the equipment and operation of the relevant facilities; and
6. A survey conducted to determine whether groundwater polluted by natural attenuation is naturally purified or can be naturally purified.
(3) Contents to be contained in the report on the assessment of ground water pollution and a guideline by which such report is compiled and other necessary matters shall be prescribed and published by the Minister of Environment.
[This Article Newly Inserted by Presidential Decree No. 17433, Dec. 19, 2001]
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 Article 26-4 (Approval of Plans for Purifying Polluted Groundwater,etc.)   print
(1) The manager of facilities inducing groundwater pollution shall, after developing a plan for purifying polluted groundwater in accordance with Article 16-4 (1) of the Act, obtain approval therefor from the head of Si/Gun 30 days before he commences the works of purifying polluted groundwater in accordance with Article 16-2 (2) of the Act or within 6 months from the date on which he is ordered to purify polluted groundwater in accordance with Article 16-3 (1) of the Act.
(2) Any plan for purifying polluted groundwater shall contain matters falling under each of the following subparagraphs:
1. Method and kind of purification project;
2. Purification project period and place (including the location and area of the facilities inducing groundwater pollution and the area subject to the project cost);
3. The scale of the purification project, including the facility capacity and installation area, etc.;
4. Aggregate project cost and the cost required by works;
5. How to finance the project cost; and
6. Countermeasures in case that the purification project fails to go as planned.
(3) Detailed matters necessary for developing any plan for purifying polluted groundwater shall be prescribed and published by the Minister of Environment.
[This Article Newly Inserted by Presidential Decree No. 17433, Dec. 19, 2001]
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 Article 27 (Survey of Actual Changes in Water Level of Groundwater)   print
(1) The Minister of Land, Transport and Maritime Affairs shall set up 300 or more national observation networks referred to in Article 17 (1) of the Act taking into account the characteristics in reserve of groundwater and the actual conditions on utilization of groundwater, etc. across the nation and every national observation network shall measure the water level of groundwater not less than once a day: Provided, That in case that the Minister for Food, Agriculture, Forestry and Fisheries sets up and operates groundwater-level observation networks in areas where groundwater is used for agricultural and fishery purposes in accordance with Article 15 of the Rearrangement of Agricultural and Fishing Villages Act, such groundwater-level observation networks may be used instead of setting up national observation networks there. <Amended by Presidential Decree No. 19158, Nov. 30, 2005; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21887, Dec. 15, 2009>
(2) The head of Si/Gun shall set up auxiliary observation networks in his jurisdictional areas taking into account the actual conditions on utilization of groundwater and the current state of groundwater quality, etc. in accordance with Article 17 (2) of the Act and every auxiliary observation network shall measure the water level of groundwater not less than once a month. <Amended by Presidential Decree No. 19158, Nov. 30, 2005>
(3) The Minister of Land, Transport and Maritime Affairs shall analyze changes in the water level of groundwater based on the results of the water-level measurement of groundwater that is taken in accordance with paragraph (1). <Amended by Presidential Decree No. 20722, Feb. 29, 2008>
(4) Detailed matters concerning standards for setting up observation networks under paragraphs (1) and (2), and measuring methods, etc. shall be prescribed and published by the Minister of Land, Transport and Maritime Affairs. <Amended by Presidential Decree No. 20722, Feb. 29, 2008>
[This Article Wholly Amended by Presidential Decree No. 17433, Dec. 19, 2001]
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 Article 28 (Survey, etc. on Actual Conditions of Groundwater Utilization)   print
(1) The head of Si/Gun shall carry out the survey on the actual conditions of utilization of groundwater in the following matters by Ri/Dong and by use within his jurisdiction every year pursuant to Article 17 (6) of the Act: <Amended by Presidential Decree No. 17433, Dec. 19, 2001; Presidential Decree No. 19158, Nov. 30, 2005>
1. Matters on general conditions such as locations, users and quantity of use;
2. Matters on various factors such as depths and diameters of facilities of groundwater development and utilization;
3. Matters on groundwater quality including the data on water quality inspection of Article 30 (5);
4. Matters regarding the cost of utilizing groundwater; and
5. Other matters regarding pumping equipment, etc.
(2) The head of Si/Gun shall make a report on the results of survey on actual conditions of utilization of groundwater under paragraph (1) to the Minister of Land, Transport and Maritime Affairs and the relevant Mayor/ Dogovernor by the end of March of the following year under the conditions as determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Presidential Decree No. 17433, Dec. 19, 2001; Presidential Decree No. 19158, Nov. 30, 2005; Presidential Decree No. 20722, Feb. 29, 2008>
(3) The term "measures necessary as prescribed by Presidential Decree" in Article 17 (8) of the Act means the measures in the following subparagraphs: <Newly Inserted by Presidential Decree No. 19158, Nov. 30, 2005>
1. The execution of investigation and analysis of cause regarding the characteristics of endowment, the volume that can be exploited, the present situation of development and utilization of groundwater in the area concerned; and
2. The request for designation as groundwater preservation area to the relevant Mayor/Do governor where it is deemed necessary in accordance with the result of investigation and analysis under subparagraph 1.
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 Article 29 (Inspection of Water Quality, etc.)   print
(1) The term "person prescribed by Presidential Decree" in Article 20 (1) of the Act means the person who develops and utilizes ground water falling under any of the following subparagraphs: Provided, That any person who develops and utilizes groundwater for public supply and undergoes the inspection of water quality of such groundwater in accordance with Article 19 of the Water Supply and Waterworks Installation Act shall be excluded: <Amended by Presidential Decree No. 19158, Nov. 30, 2005>
1. Drinking water; or
2. Household water, industrial water, agricultural water and fishery water, each of which is in conformity with scale and detailed pur poses, etc. prescribed by Ordinance of the Ministry of Environment.
(2) Any person who falls under paragraph (1) shall undergo the inspection of the quality of groundwater, which is conducted by any specialized water-quality inspection institution (hereinafter referred to as "specialized water-quality inspection institution") during a period set by Ordinance of the Ministry of Environment. In this case, if groundwater is developed and utilized for drinking water, such groundwater shall undergo the inspection of water quality, which is conducted by any inspection institution provided for in Article 30 (1) 2. <Amended by Presidential Decree No. 19158, Nov. 30, 2005>
[This Article Wholly Amended by Presidential Decree No. 17433, Dec. 19, 2001]
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 Article 30 (Specialized Water-Quality Inspection Institutions, etc.)   print
(1) Specialized water-quality inspection institutions provided for in Article 20 (1) of the Act shall be those falling under any of the following subparagraphs: <Amended by Presidential Decree No. 19158, Nov. 30, 2005; Presidential Decree No. 21078, Oct. 8, 2008>
1. Specialized groundwater survey agency;
2. Inspection institutions provided for in Article 35 of the Drinking Water Management Act;
3. Operators of general waterwork business provided for in subpara graph 20 of Article 3 of the Water Supply and Waterworks Instal lation Act;
4. The National Academy of Agricultural Science under the control of the Rural Development Administration;
5. The Doagricultural technology institutes, each of which is established by each of local governments in accordance with the regulations governing the standards for administrative organs and the fixed number of public officials of local governments; or
6. Water-quality inspection institutions designated by Ordinance of the Ministry of Environment if groundwater is developed and utilized for facilities installed under national defense and military installation projects.
(2) Any specialized water-quality inspection institution shall, if it finds that any groundwater fails to meet the water-quality standards as a result of the inspection of the water quality of such groundwater, which is conducted in accordance with Article 20 (1) of the Act, notify without any delay the Minister of Environment or the head of Si/Gun of the fact.
(3) The Minister of Environment or the head of Si/Gun may, upon receiving the notice served under paragraph (2), order any person who uses the relevant groundwater to cease the use of such groundwater or to improve the water quality of such groundwater in a manner falling under any of the following subparagraphs in accordance with Article 20 (2) of the Act: <Amended by Presidential Decree No. 19158, Nov. 30, 2005>
1. The purification treatment of groundwater (limited to the case where the head of Si/Gun recognized the purification treatment as necessary for the purpose of development and utilization of groundwater);
2. The supplementation of groundwater development and utilization facilities; and
3. Deleted. <by Presidential Decree No. 19158, Nov. 30, 2005>
(4) The Minister of Environment or the head of Si/Gun shall, when he intends to order any person who develops and utilizes groundwater to take steps including ceasing the use of such groundwater and improving the water quality of such groundwater under paragraph (3), serve a notice, accompanied by a document specifying details of such steps, on such person.
(5) Every specialized water-quality inspection institution shall keep the records of water-quality inspection for 2 years and submit the records of water-quality inspection as of the end of every quarter to the Minister of Environment or the head of Si/Gun by the end of the month following the month in which every quarter ends under the conditions as prescribed by Ordinance of the Ministry of Environment.
[This Article Wholly Amended by Presidential Decree No. 17433, Dec. 19, 2001]
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 Article 31 (Items, etc. Subject to Water Quality Inspection)   print
(1) The items subject to water quality inspection under Article 20 (3) of the Act shall be as follows: <Amended by Presidential Decree No. 17433, Dec. 19, 2001; Presidential Decree No. 19158, Nov. 30, 2005>
1. In case of drinking water, items setting up water quality standards of drinking water under Article 5 of the Drinking Water Management Act; and
2. In the case of household water, industrial water, agricultural water and fishery water, items setting up groundwater quality standards prescribed by Ordinance of the Ministry of Environment.
(2) The method of water quality inspection under Article 20 (3) of the Act shall be as follows: <Amended by Presidential Decree No. 17433, Dec. 19, 2001; Presidential Decree No. 19158, Nov. 30, 2005; Presidential Decree No. 20297, Sep. 28, 2007>
1. In case of drinking water, it shall be carried out by the official environmental pollution test standards pursuant to Article 6 (1) 6 of the Environmental Examination and Inspection Act; and
2. In case of household water, agricultural water, fishery water and industrial water, it shall be carried out by the official environmental pollution test standards pursuant to Article 6 (1) 5 of the Environ mental Examination and Inspection Act.
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 Article 32 (Registration, etc. of Construction Business for Groundwater Development and Utilization)   print
(1) Any person who intends to make a registration of construction business for groundwater development and utilization pursuant to Article 22 (1) of the Act shall submit a written application for registration to the head of Si/Gun under the conditions as determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Presi dential Decree No. 19158, Nov. 30, 2005; Presidential Decree No. 20722, Feb. 29, 2008>
(2) The head of Si/Gun shall, upon receiving a written application for registration under paragraph (1), confirm whether such application is in conformity with the standards for registration under paragraph (3) and falls under any of the subparagraphs of Article 23 of the Act, and shall, if the applicant is deemed to meet the registration standards as a result of the confirmation, enter his application in the register of construction business for groundwater development and utilization and deliver a certificate of registration on him under the conditions as determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Presidential Decree No. 19158, Nov. 30, 2005; Presidential Decree No. 20722, Feb. 29, 2008>
(3) The standards for registration of construction business for groundwater development and utilization under Article 22 (1) of the Act shall be listed in the annexed Table 4.
(4) The term "matters prescribed by Presidential Decree, such as trade name, title, etc. from among the registered matters" in the latter part of Article 22 (1) of the Act means the matters of the following subparagraphs: <Amended by Presidential Decree No. 19158, Nov. 30, 2005>
1. Trade name or title;
2. Representative or officer (excluding the representative or officer from the specialized groundwater survey agency that has registered the construction business of groundwater development and utilization);
3. Technical capability, facility and equipment pursuant to the provisions of the attached Table 4; and
4. The relocation of main office.
(5) An application for alteration in the contents of registration under the latter part of Article 22 (1) of the Act shall be made within one month after the cause thereof occurred. <Amended by Presidential Decree No. 16297, May 10, 1999; Presidential Decree No. 19158, Nov. 30, 2005>
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 Article 33 Deleted. <by Presidential Decree No. 16297, May 10, 1999>   print
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 Article 34 (Exceptions to Construction Work for Groundwater Development and Utilization)   print
(1) Deleted. <by Presidential Decree No. 19158, Nov. 30, 2005>
(2) The term "other insignificant construction works as prescribed by Presidential Decree" in Article 22 (3) 4 of the Act means the construction work falling under any of the following subparagraphs: <Newly Inserted by Presidential Decree No. 16297, May 10, 1999; Presidential Decree No. 17433, Dec. 19, 2001; Presidential Decree No. 19158, Nov. 30, 2005; Presidential Decree No. 20877, Jun. 25, 2008>
1. The works of restoring the groundwater development and utilization facilities whose daily pumping capacity is less than 30 tons and excavation measures not more than 75 millimeters in a diameter to the original state;
2. The maintenance work (including the replacement and repair of integrating flowmeter and excurrent system) of upper protective pores in facilities for developing and using groundwater; or
3. The construction work of a geothermal air-conditioning or heating facility not using groundwater.
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 Article 35 (Report on Transfer and Takeover of Construction Business for Groundwater Development and Utilization)   print
(1) Any person who intends to make a report on the transfer, takeover or merger pursuant to Article 24 (1) of the Act shall submit a written report to the head of Si/Gun within one month from the date of transfer, takeover or merger. <Amended by Presidential Decree No. 19158, Nov. 30, 2005>
(2) Where the head of Si/Gun receives a report under paragraph (1), he shall review whether it meets the standards for registration under the annexed Table 4 and whether it falls under any of the subparagraphs of Article 23 of the Act. <Amended by Presidential Decree No. 19158, Nov. 30, 2005>
(3) Any person who has succeeded to the construction business for groundwater development and utilization pursuant to Article 24 (3) of the Act shall make a report to the head of Si/Gun within three months from the date of succession under the conditions as determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Presidential Decree No. 19158, Nov. 30, 2005; Presidential Decree No. 20722, Feb. 29, 2008>
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 Article 36 (Continued Construction after having been Subject to Dispo sition of Cancellation of Registration)   print
Where any construction businessman for groundwater development and utilization, who has been subject to disposition of cancellation of registration pursuant to Article 25 (2) of the Act, intends to continue the construction work which started before such disposition is taken, he shall, without delay, notify the orderer of the construction work and the head of Si/Gun who has jurisdiction over the construction area of the fact that his registration has been cancelled. <Amended by Presidential Decree No. 16297, May 10, 1999; Presidential Decree No. 19158, Nov. 30, 2005>
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 Article 37 (Procedures, etc. for Cancellation of Registration of Construction Business for Groundwater Development and Utilization)   print
(1) Deleted. <by Presidential Decree No. 16297, May 10, 1999>
(2) Where the head of Si/Gun takes a disposition of cancellation of registration pursuant to Article 25 (1) of the Act, he shall make public notification without delay in the official report, etc. and notify the person in question. <Amended by Presidential Decree No. 16297, May 10, 1999; Presidential Decree No. 19158, Nov. 30, 2005>
(3) Other matters necessary for the procedures, etc. of cancellation of registration of a construction business for groundwater development and utilization shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Presidential Decree No. 16297, May 10, 1999; Presidential Decree No. 20722, Feb. 29, 2008>
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 Article 38 (Standards for Registration of Groundwater Impact Investigation Agencies)   print
(1) A person who is eligible to register as a groundwater impact investigation agency under Article 27 (1) of the Act shall be the one who falls under any of the following subparagraphs and who shall be equipped with the technical capability, facility and equipment under the attached Table 6: <Amended by Presidential Decree No. 16297, May 10, 1999; Presidential Decree No. 19158, Nov. 30, 2005; Presidential Decree No. 20877, Jun. 25, 2008; Presidential Decree No. 22626, Jan. 17, 2011>
1. A specialized groundwater survey agency;
2. An engineering business operator in the field of geological features, foundation, development of water resources, water supply and drainage, civil engineering for agriculture or fishery, who has reported pursuant to the Engineering Industry Promotion Act;
3. An engineering firm in which a certified engineer in the field of geological features, foundation, development of water resources, water supply and drainage, civil engineering in agriculture or fishery has been established and registered under the Professional Engineers Act;
4. A natural (physical) science or engineering-related school under subparagraphs 1 through 6 of Article 2 of the Higher Education Act;
5. An agent for environmental impact investigation designated under the Management of Drinking Water Act; and
6. Other corporations which carry out groundwater-related business.
(2) Any person who intends to be registered as a groundwater impact investigation agency pursuant to Article 27 (1) of the Act shall submit a written application for registration to the head of Si/Gun under the conditions as determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Presidential Decree No. 16297, May 10, 1999; Presidential Decree No. 19158, Nov. 30, 2005; Presidential Decree No. 20722, Feb. 29, 2008>
(3) Where the head of Si/Gun receives a written application for regis tration under paragraph (2), he shall confirm whether it meets the standards for registration under paragraph (1) and whether it falls under any of the subparagraphs of Article 28 of the Act. <Amended by Presidential Decree No. 16297, May 10, 1999; Presidential Decree No. 19158, Nov. 30, 2005>
(4) Where the head of Si/Gun permits a registration of a groundwater impact investigation agency pursuant to Article 27 (1) of the Act, he shall enter it in a register of groundwater impact investigation agency and deliver the certificate of registration to the applicant under the conditions as determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Presidential Decree No. 16297, May 10, 1999; Presidential Decree No. 19158, Nov. 30, 2005; Presidential Decree No. 20722, Feb. 29, 2008>
(5) An application for the alteration of registration pursuant to the latter part of Article 27 (1) of the Act shall be filed within one month from the date on which the cause occurred. <Amended by Presidential Decree No. 19158, Nov. 30, 2005>
(6) The term "matters prescribed by Presidential Decree, such as trade name, title, etc. from among the registered matters" in the latter part of Article 27 (1) of the Act shall be as listed in the following subparagraphs: <Amended by Presidential Decree No. 19158, Nov. 30, 2005>
1. Trade name or title;
2. Representative or officer (excluding the representative or officer of a specialized groundwater survey agency registered as a groundwater impact investigation institution);
3. Technical capability, facility and equipment pursuant to the provisions of the attached Table 6; and
4. The relocation of principal office.
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 Article 39 (Cancellation, etc. of Registration of Groundwater Impact Investigation Agencies)   print
(1) Deleted. <by Presidential Decree No. 16297, May 10, 1999>
(2) Where the head of Si/Gun takes a disposition of cancellation of registration pursuant to Article 29 (1) of the Act, he shall make public notification without delay in an official report, etc. and notify the person in question. <Amended by Presidential Decree No. 16297, May 10, 1999; Presidential Decree No. 19158, Nov. 30, 2005>
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 Article 39-2 (Registration of Groundwater Purification Business)   print
(1) Any person who intends to get his groundwater purification busi ness registered in accordance with Article 29-2 (1) of the Act shall fall under any of the subparagraphs of Article 38 (1), and have the technical capability, capital, facility and equipment as listed in the attached Table 7 and file an application for the registration of his business with the head of Si/Gun under the conditions as prescribed by Ordinance of the Ministry of Environment. <Amended by Presidential Decree No. 19158, Nov. 30, 2005>
(2) The head of Si/Gun shall, upon receiving the application filed in accordance with paragraph (1), confirm whether such application is in conformity with the registration standards provided for in the attached Table 7 and falls under any of the subparagraphs of Article 23 of the Act, and if the application is deemed to conform to the registration standards as a result
of the confirmation, he shall enter his application in the groundwater purification business register and deliver a certificate of registration to the applicant under the conditions as prescribed by Ordinance of the Ministry of Environment. <Amended by Presidential Decree No. 19158, Nov. 30, 2005>
(3) The term "matters prescribed by Presidential Decree, such as trade name, title, etc. from among the registered matters" in the latter part of Article 29-2 (1) of the Act shall be as listed in the following subparagraphs: <Amended by Presidential Decree No. 19158, Nov. 30, 2005>
1. Trade name or title;
2. Representative or officer (excluding the representative or officer of an agency for survey of groundwater registered as a groundwater purification business);
3. Technical capability, facility and equipment pursuant to the provi sions of the attached Table 7; and
4. The relocation of a principal office.
(4) An application for the alteration of registration pursuant to the latter part of Article 29-2 (1) of the Act shall be filed within one month from the date on which the cause occurred. <Amended by Presidential Decree No. 19158, Nov. 30, 2005>
(5) Deleted. <by Presidential Decree No. 19158, Nov. 30, 2005>
(6) The term "insignificant purification work prescribed by Presidential Decree" in the proviso of Article 29-2 (2) of the Act means the purification work done in cases where the quality of groundwater does not exceed 110/100 of the water-quality standards. <Amended by Presidential Decree No. 19158, Nov. 30, 2005>
(7) The provisions of Articles 35 through 37 shall applymutatis mu tandisto purification of groundwork. In such cases, the "business of developing and utilizing groundwater" and the "operator of the business of developing and utilizing groundwater" shall be deemed the "business of groundwater purification" and "the operator of the business of groundwater purification", respectively.
[This Article Newly Inserted by Presidential Decree No. 17433, Dec. 19, 2001]
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 Article 40 (Groundwater Management Committee)   print
(1) Deleted. <by Presidential Decree No. 21465, Apr. 30, 2009>
(2) The regional groundwater management committee may be estab lished in each City/Do with the mandate of counseling each of the
Mayor/Do governor about the matters falling under each of the following subparagraphs: <Amended by Presidential Decree No. 19158, Nov. 30, 2005>
1. Matters concerning formulation or alteration of a regional management plan pursuant to the provisions of Article 6-2 (1) and (2) of the Act or matters concerning consultation on Si/Gun regional management plan for each Si/Gun ;
2. Matters concerning designation and alteration of an area for groundwater preservation under Article 12 (1) of the Act; and
3. Other matters raised by the Mayor/Do governor for discussion or deliberation in connection with the development, utilization, preservation and management of groundwater.
(3) The regional groundwater management committee may be estab lished in each of Si/Gun/autonomous Gu (hereinafter referred to as "Si/Gun") with the mandate of counseling the head of Si/Gun about the matters falling under each of the following subparagraphs: <Amended by Presidential Decree No. 19158, Nov. 30, 2005>
1. Matters concerning formulation or alteration of a regional management plan pursuant to the provisions of Article 6-2 (2) of the Act;
2. Matters concerning a survey of impacts on groundwater under Article 7 (2) of the Act;
3. Matters concerning a report on the assessment of groundwater pollution under Article 26-3 (1);
4. Matters concerning a plan for purifying polluted groundwater under Article 26-4; and
5. Other matters raised by the head of Si/Gun for discussion or deliber ation in connection with the development, utilization, preservation and management of groundwater.
(4) Necessary matters concerning the structure, functions, and operation of each regional groundwater management committee established under paragraphs (2) and (3) and other relevant matters shall be prescribed by Municipal Ordinance of the competent City/Do or Si/Gun . <Amended by Presidential Decree No. 21465, Apr. 30, 2009>
[This Article Wholly Amended by Presidential Decree No. 17433, Dec. 19, 2001]
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 Article 40-2 (Establishment, etc. of Groundwater Management Special Account)   print
(1) The term "purposes prescribed by Presidential Decree" in Article 30-2 (4) 9 of the Act means the purpose falling under any of the following subparagraphs:
1. The execution of groundwater impact investigation pursuant to the provisions of Article 8 (3) of the Act;
2. The review of groundwater impact investigation pursuant to the provisions of Article 9; and
3. Other purposes prescribed by the Municipal Ordinance of Si/Gun for the conservation and management of groundwater.
(2) The head of Si/Gun shall formulate an operation plan for Special Account by the end of every February pursuant to the provisions of Article 30-2 (6) of the Act and report it to the Minister of Land, Transport and Maritime Affairs and the Mayor/Do governor. In such cases, the operation plan for Special Account shall contain the matters of the following subparagraphs: <Amended by Presidential Decree No. 20722, Feb. 29, 2008>
1. The scale of Special Account;
2. The revenue and expenditure of the previous year;
3. The business plan of the year concerned;
4. The repayment plan of loan; and
5. Other matters regarding the management of Groundwater Manage ment Special Account.
(3) The term "alteration of minor matters prescribed by Presidential Decree" in the latter part of Article 30-2 (6) of the Act means the alteration of the matters falling under paragraph (2) 5 among the operation plan of Groundwater Management Special Account that has been formulated.
[This Article Newly Inserted by Presidential Decree No. 19158, Nov. 30, 2005]
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 Article 40-3 (Imposition and Collection of Groundwater Utilization Charge)   print
(1) The term "purpose and scale prescribed by Presidential Decree" in Article 30-3 (1) 5 of the Act means the cases falling under any of the following subparagraphs: <Amended by Presidential Decree No. 20877, Jun. 25, 2008>
1. Where schools and affiliated facilities pursuant to the provisions of Article 2 of the Elementary and Secondary Education Act and Article 2 of the Higher Education Act develop and utilize groundwater;
2. Where social welfare facilities pursuant to the provisions of Article 34 of the Social Welfare Services Act develop and utilize groundwater;
3. Where groundwater is developed and utilized for a pumping capacity of not more than 100 tons a day (limited to the case where a discharge pipe with an inner diameter of 40 millimeters or less is used) for housekeeping purpose (limited to the facilities used to lead household management) among household water;
4. Where groundwater is developed and utilized for a pumping capacity of not more than 150 tons a day (limited to the case where a discharge pipe with an inner diameter of 50 millimeters or less is used) for a small-scale water supply system in an area where water service is not yet supplied;
5. Where a geothermal air-conditioning or heating facility develops and uses groundwater (limited only to a case where groundwater is poured into the ground again); and
6. Where it is prescribed by the Municipal Ordinance of Si/Gun , other than the cases listed in subparagraphs 1 through 5.
(2) In setting the calculation standards for charge for groundwater utilization by the Municipal Ordinance of Si/Gun pursuant to the pro visions of Article 30-3 (2) of the Act, the pumping volume of ground water, usage, etc. shall be considered.
[This Article Newly Inserted by Presidential Decree No. 19158, Nov. 30, 2005]
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 Article 41 (Permission on Entry, etc. to Land)   print
Anyone who intends to obtain permission to temporarily use the land of a third party or to alter or remove bamboo trees, earth and stocks or other obstacles thereon under Article 31 (3) of the Act shall submit to the head of Si/Gun a written application which includes the seat, lot number, land category, area, present conditions of the land to be entered or used, the name and address of the owner or occupier, and the purpose, time and period of entry and use accompanied by drawings.
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 Article 42 (Education, etc.)   print
(1) Anyone who is subject to education and training pursuant to the provisions of Article 34-2 (2) of the Act shall be as listed in the following subparagraphs:
1. The technical personnel of the groundwater development and utilization construction business falling under subparagraph 1 of the attached Table 4;
2. The technical personnel of the groundwater impact investigation institution falling under subparagraph 1 of the attached Table 6; and
3. The technical personnel of the groundwater purification business falling under subparagraph 1 of the attached Table 7.
falling under subparagraph 1 of the attached Table 7.
(2) The contents of education and training pursuant to the provisions of Article 34-2 (2) of the Act shall contain the matters of the following subparagraphs:
1. Laws and policies on groundwater;
2. Technology on the development, conservation and management of groundwater; and
3. Other matters necessary for the appropriate development and uti lization, and conservation and management of groundwater.
(3) Anyone who is subject to education and training pursuant to the provisions of paragraph (1) shall have an education and training within one year from the date on which they registered pursuant to the pro-
visions of Articles 22 (1), 27 (1) and 29-2 (1) of the Act: Provided, That the persons of a specialized groundwater survey agency who are subject to education and training have had an in-house education and training including the contents of paragraph (2), they shall be deemed as having had an education and training pursuant to the provisions of Article 34-2 (2) of the Act.
(4) Pursuant to the provisions of Article 34-2 (3) of the Act, the Minister of Land, Transport and Maritime Affairs may entrust the agencies and organizations of the following subparagraphs with the duty of education and training pursuant to the provisions of Article 34-2 (2) of the Act: <Amended by Presidential Decree No. 20722, Feb. 29, 2008>
1. Korea Water Resources Corporation pursuant to the Korea Water Resources Corporation Act;
2. Korea Agricultural and Rural Infrastructure Corporation pursuant to the Korea Agricultural and Rural Infrastructure Corporation and Farmland Management Fund Act; and
3. The associations established pursuant to the provisions of Article 26-2 of the Act.
(5) The head of the agency or organization which has been entrusted with the duty of education and training pursuant to the provisions of paragraph (4) shall, each year, present the Minister of Land, Transport and Maritime Affairs with a plan of education for the next year containing the matters of the subparagraphs of paragraph (2), and present the Minister of Land, Transport and Maritime Affairs with the result of education executed in the year concerned by January 30 of the next year. <Amended by Presidential Decree No. 20722, Feb. 29, 2008>
(6) Matters necessary for the period of education, etc. besides the matters prescribed by this Decree shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Presidential Decree No. 20722, Feb. 29, 2008>
[This Article Newly Inserted by Presidential Decree No. 19158, Nov. 30, 2005]
law view
 Article 43 (Delegation of Authority)   print
The Minister of Environment shall delegate the following authority to the head of a regional environmental management office pursuant to Article 36 (1) of the Act: <Amended by Presidential Decree No. 17433, Dec. 19, 2001>
1. Order given to take steps for preventing groundwater pollution under Article 16 (2) of the Act;
2. Order issued to take steps under Article 16-3 (1) and (2) of the Act;
3. The measurement of actual pollution of water quality under Article 18 (1) of the Act; and
4. Order given to cease the utilization of groundwater or to take steps for improving water quality under Article 20 (2) of the Act.
law view
 Article 44 (Guidelines for Imposition of Fines for Negligence)   print
The guidelines for the imposition of a fine for negligence under Articles 39 and 40 of the Act are as set forth in the attached Table 8.
[This Article Wholly Amended by Presidential Decree No. 22828, Apr. 4, 2011]
ADDENDA
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the provisions of Articles 32 through 37 shall enter into force on January 1, 1998.
(2) (Transitional Measures on Groundwater Use) Any person, who has developed and used groundwater without making a report thereon at the time when this Decree enters into force and who is subject to make a new report pursuant to Article 13 and Article 8 (1) of the Act, shall make a report on groundwater development and utilization to the Mayor/Do governor within three months from the date of entry into force of this Decree.
(3) (Transitional Measures on Pollution Preventive Measures) Where any person who has made a report on groundwater development and utilization pursuant to paragraph (2) of the Addenda is deemed to have taken pollution preventive measures under Article 25 (1) by any specialized water quality investigation agency within one year from the date of such report, he shall be deemed to have taken pollution preventive measures under Article 25 (1).
(4) (Relation with other Acts and Subordinate Statutes) Where other Acts and subordinate statutes cite the former Enforcement Decree of the Groundwater Act or its provisions at the time when this Decree enters into force and where this Decree includes the provisions corresponding to them, the provisions corresponding to this Decree shall be deemed to have been cited in lieu of the former provisions.
ADDENDUM <Presidential Decree No. 15598, Dec. 31, 1997>
This Decree shall enter into force on January 1, 1998.
ADDENDA <Presidential Decree No. 16093, Jan. 29, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 16297, May 10, 1999>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Applicable Examples for Report on Alteration in Development and Utilization of Groundwater) The amended provisions of Article 13 (6) 4 shall apply to a case of suspending the development and utilization of groundwater on or after the date this Act takes effect.
(3) (Transitional Measures concerning Alteration in Technical Capacity for Construction Business for Groundwater Development and Utilization) Where a person who has acquired the technical qualification of Grade II for excavation technician repealed by the amendments to the Enforcement Decree of the National Technical Qualifications Act, Presidential Decree No. 15794, at the time this Decree takes effect is registered as technical personnel for a construction business for groundwater development and utilization, he shall be deemed to hold the technical qualification under the amended provisions of subparagraph 1 (a) of the attached Table 4, notwithstanding the amended provisions of the said Table.
ADDENDA <Presidential Decree No. 16512, Aug. 6, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 17175, Mar. 27, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 17433, Dec. 19, 2001>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 8 (2) 5 and 39-2 shall enter into force on July 1, 2002.
(2) (Transitional Measures concerning Report on Development and Utili zation of Groundwater) Any person who develops and utilizes groundwater without filing a report thereon, but is made entitled to file such report under Article 8 (1) of the Act and Article 13 of this Decree at the time that this Act enters into force shall file a report on his development and utilization of groundwater, accompanied by the documents falling under each of the following subparagraphs, with the head of Si/Gun by November 17, 2002:
1. A land registration map or a forest map showing the location of his groundwater development and utilization facilities; and
2. The plan for restoring the original state.
ADDENDA <Presidential Decree No. 18594, Dec. 3, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 19158, Nov. 30, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 1, 2005.
Article 2 (Applicable Examples regarding Installation of Groundwater Development and Utilization Facility)
The amended provisions of Article 8 (3) and (4) shall apply to the application for permission of groundwater development and utilization that is filed on or after the date this Decree enters into force.
Article 3 (Applicable Examples regarding Registration of Groundwater Development and Utilization Construction Business)
The amended provisions of the attached Tables 4, 6 and 7 shall apply to the application for permission of groundwater development and utilization that is filed on or after the date this Decree enters into force.
Article 4 (Transitional Measures regarding Post Management of Groundwater Development and Utilization Facility)
(1) Where the groundwater development and utilization facility whose completion of construction, etc. has been reported pursuant to the previous provisions at the time of enforcement of this Decree is involved in the facilities subject to post management pursuant to the amended provisions of Article 14-4 (4), and the period of inspection pursuant to the part besides the subparagraphs of the same paragraph has ex pired, the post management shall be executed pursuant to the provi sions of Article 9-5 of the Act within one year after the enforcement of this Decree.
(2) The starting point of the period pursuant to the provisions of paragraph (1) shall be the date on which the report of completion of construction, etc. has been filed under the previous provisions.
Article 5 (Transitional Measures regarding Education for Technical Personnel)
The technical personnel who fall under any of the subparagraphs of Article 42 (1) at the time of enforcement of this Decree shall have the education and training pursuant to the amended provisions of paragraphs (2) and (3) of the same Article by December 1, 2008.
ADDENDA <Presidential Decree No. 19463, Apr. 28, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 30, 2006.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 20241, Sep. 6, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 20256, Sep. 10, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 20290, Sep. 27, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 28, 2007.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 20297, Sep. 28, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 5, 2007. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 20428, Nov. 30, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 20722, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 20877, Jun. 25, 2008>
This Decree shall enter into force on June 29, 2008.
ADDENDA <Presidential Decree No. 21078, Oct. 8, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 21465, Apr. 30, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21565, Jun. 26, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 30, 2009: Provided, That ...<Omitted.>...Article 3 of Addenda shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 21566, Jun. 26, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21887, Dec. 15, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 21904, Dec. 24, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2010.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 22556, Dec. 28, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 28, 2011.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 22626, Jan. 17, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 22828, Apr. 4, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Fines for Negligence)
(1) Where the provisions concerning guidelines for the imposition of fines for negligence apply to any violation committed before this Decree enters into force, the former provisions shall apply notwithstanding the amended provisions of Article 44 and attached Table 8.
(2) Any violation committed before this Decree enters into force and subjected to the imposition of a fine for negligence shall not be counted in the number of violations under the amended provisions of attach Table 8.