Act On The Promotion Of Development And Distribution Of Environment-Friendly Automobiles


Published: 2011-07-21

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month, or Get a Day Pass for only USD$9.99.
law view
 Article 1 (Purpose)   print
The purpose of this Act is to plan for the continuous development of the motor vehicle industry and for the improvement of living conditions of the citizens and to contribute to the national economy by establishing and implementing a comprehensive plan and policy to promote the development and distribution of environment-friendly motor vehicles.
[This Article Wholly Amended by Act No. 10718, May 24, 2011]
law view
 Article 2 (Definitions)   print
The terms used in this Act shall be defined as follows:
1. The term "motor vehicle" means a motor vehicle or construction machinery falling under any of the following items, as prescribed by Presidential Decree:
(a) A motor vehicle defined in subparagraph 1 of Article 2 of the Motor Vehicle Management Act;
(b) Construction machinery defined insubparagraph 1 of Article 2 of the Construction Machinery Management Act;
2. The term "environment-friendly motor vehicle" means an electric vehicle, solar-powered vehicle, hybrid vehicle, fuel cell vehicle, natural gas vehicle or clean diesel vehicle defined in subparagraphs 3 through 8, announced by the Minister of Knowledge Economy after consultation with the Minister of Environment, among the motor vehicles meeting the following requirements:
(a) Its energy efficiency shall meet the standards determined by Ordinance of the Ministry of Knowledge Economy;
(b) It shall meet the standards of low-pollution motor vehicles determined by Ordinance of the Ministry of Environment in accordance with subparagraph 6 of Article 2 of the Special Act on the Improvement of Air Quality in Seoul Metropolitan Area;
(c) Its technical specifications, such as the performance of a motor vehicle performance, shall meet the standards prescribed by Ordinance of the Ministry of Knowledge Economy;
3. The term "electric vehicle" means a motor vehicle that uses electric energy charged from an electric power supply as its power source;
4. The term "solar-powered vehicle" means a motor vehicle that uses solar energy as its power source;
5. The term "hybrid vehicle" means a motor vehicle that uses the combination of gasoline, diesel fuel, liquefied petroleum gas, natural gas or fuel prescribed by Ordinance of the Ministry of Knowledge and Economy and electric energy (including electric energy charged from an electric power supply) as its power source;
6. The term "fuel cell vehicle" means a motor vehicle that uses electric energy generated by using hydrogen as its power source;
7. The term "natural gas vehicle" means a motor vehicle that uses natural gas (including compressed natural gas and liquefied natural gas) as its power source;
8. The term "clean diesel vehicle" means a motor vehicle that uses an engine that converts thermal energy into mechanical energy of which the combustion of diesel fuel takes place inside the engine, which emits pollutants under Article 46 (1) of the Clean Air Conservation Act at a level similar to that of a hybrid vehicle or natural gas vehicle;
9. The term "hydrogen-fuel supply facility" means a facility that supplies hydrogen to fuel cell vehicles.
[This Article Wholly Amended by Act No. 10718, May 24, 2011]
law view
 Article 3 (Master Plans for Development, etc. of Environment-Friendly Motor Vehicles)   print
(1) The Minister of Knowledge Economy shall establish a master plan to promote the development and distribution of environment-friendly motor vehicles (hereinafter referred to as "master plan") every five years. In such cases, he/she shall hear opinions from the heads of relevant central administrative agencies, such as the Minister of Environment, and the Special Metropolitan City Mayor, a Metropolitan City Mayor, Do Governor or the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor"), as prescribed by Presidential Decree.
(2) Master plans shall contain the following:
1. Basic direction-setting for the development and distribution of environment-friendly motor vehicles;
2. Medium- and long-term goals of the development and distribution of environment-friendly motor vehicles;
3. Matters concerning the research and development of environment-friendly motor vehicles and the construction of infrastructure relating to the research and development thereof;
4. Matters concerning the construction of infrastructure necessary to distribute the power sources of motor vehicles, such as hydrogen-fuel supply facilities;
5. Other matters necessary for the development and distribution of environment-friendly motor vehicles.
(3) Master plans shall be confirmed subject to deliberation by the State Council: Provided, That where insignificant matters prescribed by Presidential Decree are revised, such as a partial revision in direction-setting for projects for developing detailed technologies of environment-friendly motor vehicles, need not be deliberated on by the State Council.
(4) The head of a relevant central administrative agency may request the Minister of Knowledge Economy to revise the master plans if deemed necessary. In such cases, the Minister of Knowledge Economy shall hear opinions from the heads of other relevant central administrative agencies and the relevant Mayor/Do Governor if he/she intends to revise them.
(5) Paragraph (3) shall apply mutatis mutandis to any revision of master plans under paragraph (4).
[This Article Wholly Amended by Act No. 10718, May 24, 2011]
law view
 Article 4 (Implementation Plans for Development of Environment-Friendly Motor Vehicles)   print
(1) In order to implement the master plans, the Minister of Knowledge Economy shall establish and promote an implementation plan for the development of environment-friendly motor vehicles (hereinafter referred to as "implementation plan for development") each year upon hearing the opinions of the heads of relevant central administrative agencies, as prescribed by Presidential Decree.
(2) Implementation plans for development shall contain the following:
1. Field of priority technology development;
2. Objectives of priority promotion by field of technology development;
3. Schedule and methods of promotion of technology development;
4. Matters concerning the construction of infrastructure necessary for the efficient promotion of technology development projects;
5. Other matters necessary for technology development.
[This Article Wholly Amended by Act No. 10718, May 24, 2011]
law view
 Article 5 (Implementation Plans, etc. for Distribution of Environment-Friendly Motor Vehicles)   print
(1) In order to implement the master plans, the Minister of Environment shall establish and promote an implementation plan for the distribution of environment-friendly motor vehicles (hereinafter referred to as "implementation plan for distribution") each year upon hearing the opinions of the heads of relevant central administrative agencies and of the relevant Mayor/Do Governor, as prescribed by Presidential Decree. In such cases, the Minister of Environment shall consult with the Minister of Knowledge Economy on the distribution of environment-friendly motor vehicles.
(2) Implementation plans for distribution shall contain the following:
1. Areas subject to distribution of environment-friendly motor vehicles;
2. Models of environment-friendly motor vehicles and quantity to be supplied by model;
3. Matters concerning the construction of infrastructure, such as hydrogen-fuel supply facilities;
4. Matters concerning funding plans and standards for financial assistance;
5. Matters necessary for the distribution of environment-friendly motor vehicles.
(3) Each Mayor/Do Governor shall establish and implement a policy to accelerate the distribution of environment-friendly motor vehicles in accordance with master plans and implementation plans for distribution.
[This Article Wholly Amended by Act No. 10718, May 24, 2011]
law view
 Article 6 (Supporting Polices for Technology Development)   print
(1) In order to accelerate technology development related toenvironment-friendly motor vehicles, the State may establish and promote supporting policies for the following matters:
1. Collecting and providing information on technology development of environment-friendly motor vehiclesin the Republic of Korea and overseas;
2. Research and development and other activities concerning the core technology of environment-friendly motor vehicles.
(2) The Minister of Knowledge Economy may have any of the following entities perform research and development projects of environment-friendly motor vehicles in order to promote the technology development pursuant to paragraph (1):
1. National or public research institutions;
2. Research institutions established under Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutions;
3. Specific research institutes defined in Article 2 of the Support of Specific Research Institutes Act;
4. Specialized manufacturing technology institutions under Article 42 of the Industrial Technology Innovation Promotion Act;
5. Industrial technology research cooperatives under the Act on the Support of Industrial Technology Research Cooperatives;
6. Universities, colleges, industrial colleges, junior colleges or technical colleges defined in Article 2 of the Higher Education Act;
7. Research institutes attached to enterprises under Article 14 (1) 2 of the Basic Research Promotion and Technology Development Support Act;
8. Agencies, organizations or business operators relating to environment-friendly motor vehicles, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10718, May 24, 2011]
law view
 Article 7 (Promotion of Projects to Form Foundation for Technology)   print
In order to efficiently promote the technology development related to environment-friendly motor vehiclespursuant to Article 6 (1), the State may promote the following projects to form a foundation for technology:
1. Projects for forming a foundation for technology;
2. Projects for international technological cooperation;
3. Projects for nurturing industrial technical human resources;
4. Other projects prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10718, May 24, 2011]
law view
 Article 8 (Support for Fuel Manufacturers, etc.)   print
(1) The State or local governments may provide necessary funds, etc. to those who manufacture, supply or sell hydrogen which is the fuel for fuel-cell vehicles, or those who intend to install a hydrogen-fuel supply facility.
(2) Matters necessary for the standards, method, etc. of providing funds, etc. pursuant to paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10718, May 24, 2011]
law view
 Article 9 Deleted.<by Act No. 9686, May 21, 2009>   print
law view
 Article 10 (Support for Purchasers or Owners of Environment-Friendly Motor Vehicles)   print
The State or local governments may provide purchasers or owners of environment-friendly motor vehicles with necessary support.
[This Article Wholly Amended by Act No. 10718, May 24, 2011]
law view
 Article 11 (Support for Operation of Environment-Friendly Motor Vehicles)   print
(1) Mayors/Do Governors may require each owner of an environment-friendly motor vehicleto placea mark on the outside of his/her vehicle to be recognized as an environment-friendly motor vehicle.
(2) The State and local governments shall prepare a supporting policy necessary for motor vehicles bearing a mark referred to in paragraph (1).
(3) Matters necessary for the specification, etc. of the mark referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Knowledge Economy.
[This Article Wholly Amended by Act No. 10718, May 24, 2011]
law view
 Article 12 (Publicity of Environment-Friendly Motor Vehicles)   print
The State or local governments may request organizations, etc. relating to motor vehicles to perform publicity activities necessary for expanding the distribution of environment-friendly motor vehicles.
[This Article Wholly Amended by Act No. 10718, May 24, 2011]
law view
 Article 13 (Financial Resources for Funding)   print
Funds necessary for support prescribed in Articles 6 through 8, 10, and 11 (2) may be provided by the followingfinancial resources: <Amended by Act No. 10893, Jul. 21, 2011>
1. Special accounts for energy and resource-related projects under the Act on the Special Accounts for Energy and Resources-Related Projects;
2. Funds for Small and Medium Enterprise Establishment and Promotion under Article 63 of the Small and Medium Enterprises Promotion Act;
3. Special accounts for environmental improvement under the Framework Act on Environmental Policy.
[This Article Wholly Amended by Act No. 10718, May 24, 2011]
law view
 Article 14 (Requests, etc. for Provision of Data)   print
(1) Where deemed necessary to establish a master plan and an implementation plan for development, the Minister of Knowledge Economy may request a relevant administrative agency and an agency or organization related to environment-friendly motor vehiclesto provide necessary data orto present its opinions, etc. In such cases, upon receipt of a request, a relevant administrative agency and an agency or organization related to environment-friendly motor vehiclesshall comply with such request unless extenuating circumstances exist.
(2) Where deemed necessary to establish an implementation plan for distribution, the Minister of Environment may request Mayors/Do Governorsto provide data on the outcome, etc. of promotion for distribution of environment-friendly motor vehicles. In such cases, the Mayors/Do Governorsshall comply with such request unless extenuating circumstances exist.
[This Article Wholly Amended by Act No. 10718, May 24, 2011]
law view
 Article 15 (Entrustment of Administrative Affairs)   print
The State or local governments may entrust the following administrative affairs to a relevant specialized agency:
1. Administrative affairs, such as assessment and management of projects necessary for promoting the projects prescribed in Articles 6 and 7;
2. Administrative affairs necessary for support prescribed in Article 10 and 11 (2);
3. Some of other administrative affairs prescribed by this Act, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10718, May 24, 2011]
ADDENDUM
This Act shall enter into force six months after the date of its promulgation.
ADDENDA<Act No. 7949, Apr. 28, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA<Act No. 8404, Apr. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDA<Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA<Act No. 9685, May 21, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDUM<Act No. 9686, May 21, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 10445, Mar. 9, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM<Act No. 10718, May 24, 2011>
This Act shall enter into force on the date of its promulgation. Provided, That amended provision of Article 6 (2) 7 shall enter into force on June 10, 2011.
ADDENDA<Act No. 10893, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.