Mining Damage Prevention And Restoration Act


Published: 2011-03-30

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to properly manage mining damage in order to protect the natural environment and enable people to live in a pleasant environment.
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 Article 2 (Definition)   print
The terms used in this Act shall be defined as follows: <Amended by Act No. 8355, Apr. 11, 2007; Act No. 9982, Jan. 27, 2010>
1. The term "mining damage" means the mining damage referred to in subparagraph 5 of Article 2 of the Mining Safety Act;
2. The term "active mine" means a mine in which the ground is drilled to extract minerals or minerals are extracted under an authorization for a mining plan pursuant to Article 42 (1) of the Mining Industry Act (including cases where it applies mutatis mutandis to mining lessees pursuant to Article 61 of the same Act);
3. The term "inactive mine" means a mine in which mineral extraction is suspended under an authorization for suspension pursuant to Article 42-2 (2) of the Mining Industry Act (including cases where it applies mutatis mutandis under Article 61 of the same Act);
4. The term "abandoned mine" means a mine in which mining of minerals is no longer possible because of causes falling under any of the following items:
(a) Expiration of the duration of a mining concession referred to in Article 12 of the Mining Industry Act;
(b) Cancellation of a mining concession and mining lease or reduction of mining areas referred to in Article 34 or 61 of the Mining Industry Act;
(c) Cancellation of a mining concession referred to in Article 35 of the Mining Industry Act;
(d) Expiration of the duration of a mining lease referred to in Article 49 of the Mining Industry Act;
(e) Expiration of the validity of authorization for the establishment of a mining lease referred to in Article 52 (3) of the Mining Industry Act;
(f) Extinguishment of a mining lease referred to in Article 56 of the Mining Industry Act;
(g) Cancellation of a mining lease referred to in Article 57 of the Mining Industry Act;
(h) Others, such as the extinguishment of a mining concession by reason of the closure of business by the mining concession holder.
5. The term "mining damage prevention" means any work conducted pursuant to Article 11 to prevent the mining damage referred to in subparagraph 1 (hereinafter referred to as "mining damage") and to restore the environment to the original state;
6. The term "mining damage prevention implementer" means a person conducting mining damage prevention directly pursuant to Article 12;
7. The term "person responsible for preventing mining damage" means those in each of the following items:
(a) A mining right holder or mining lessee who has obtained authorization for a mining plan pursuant to Article 42 or 61 of the Mining Industry Act;
(b) A mining concession holder or mining lessee of an inactive mine or abandoned mine referred to in subparagraphs 3 and 4.
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 Article 3 (Duties of State)   print
The State shall devise policies to actively prevent mining damage in order to protect the natural environment and promote the people's health.
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 Article 4 (Relations with Other Acts)   print
Except as otherwise provided in other Acts, matters concerning mining damage prevention shall be governed by this Act.
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 Article 5 (Effectiveness of Acts)   print
Every order, procedure or other acts issued or conducted under this Act shall have effect on persons responsible for preventing mining damage, mining damage prevention implementers and other interested persons.
CHAPTER II ESTABLISHMENT AND IMPLEMENTATION OF MINING DAMAGE PREVENTION MASTER PLAN, ETC.
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 Article 6 (Promotion of Polices for Prevention of Mining Damage)   print
(1) The Minister of Knowledge Economy shall conduct the affairs in each of the following subparagraphs to promote the policies for the prevention of mining damage referred to in Article 3: <Amended by Act No. 8852, Feb. 29, 2008>
1. Investigation of mines in which mining damage has occurred and preparation of a map thereof;
2. Research and technology development for mining damage;
3. Support for conducting of the mining damage prevention referred to in Article 11;
4. Prevention of mining damage in the inactive mines and abandoned mines of which the person responsible for preventing mining damage is unable to conduct mining damage prevention directly by reason of death or other causes.
(2) The Minister of Knowledge Economy may, if deemed necessary for mining damage prevention, request the head of any relevant administrative organ of the central government for cooperation. In such cases, the head of the relevant administrative organ of the central government shall comply with the request absent extraordinary circumstances. <Amended by Act No. 8852, Feb. 29, 2008>
(3) Every Special Metropolitan City Mayor, Metropolitan City Mayor or Do Governor (hereinafter referred to as "Mayor/Do Governor") shall, when mining damage occurs or a mining damage prevention implementer neglects the duty to prevent mining damage, notify the Minister of Knowledge Economy of it without delay. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 7 (Establishment of Mining Damage Prevention Master Plan)   print
(1) The Minister of Knowledge Economy shall establish a master plan for mining damage prevention (hereinafter referred to as "master plan"), in consultation with the heads of the relevant administrative organs of the central government and Mayors/Do Governors every five years. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The master plan shall include each of the following matters:
1. Occurrence or non-occurrence, and degree of mining damage in active mines, inactive mines and abandoned mines;
2. Mining damage prevention plan by cause of occurrence of mining damage;
3. Plan for the installation, operation and management of mining damage prevention facilities;
4. Investment plan for mining damage prevention;
5. Research and development of mining damage prevention technologies;
6. Other matters determined by Presidential Decree, which are necessary for the prevention of mining damage.
(3) The establishment, modification and implementation of the master plan and other necessary matters shall be determined by Presidential Decree.
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 Article 8 (Establishment of Mining Damage Prevention Action Plan, etc.)   print
(1) Each year, the Minister of Knowledge Economy shall establish and publish (including publication through the internet; hereinafter the same shall apply) a mining damage prevention action plan (hereinafter referred to as "action plan") for the following year. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Minister of Knowledge Economy shall, when intending to establish an action plan pursuant to paragraph (1), consult thereon with the heads of the relevant administrative organs of the central government. <Amended by Act No. 8852, Feb. 29, 2008>
(3) Every mining damage prevention implementer shall establish a mining damage prevention implementation plan (hereinafter referred to "implementation plan") in accordance with an action plan published pursuant to paragraph (1) and obtain the approval of the Minister of Knowledge Economy therefor prior to the commencement of the business. <Amended by Act No. 8852, Feb. 29, 2008>
(4) In cases where modifying an implementation plan approved pursuant to paragraph (3) is intended, approval therefor shall be obtained from the Minister of Knowledge Economy in advance: Provided, That the same shall not apply to cases of modifying the minor matters determined by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
(5) Procedures for the establishment of and approval for implementation plans and other necessary matters shall be determined by Presidential Decree.
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 Article 9 (Cancellation of Approval for Implementation Plan, etc.)   print
(1) The Minister of Knowledge Economy may, when falling under any of the following subparagraphs, cancel the approval for an implementation plan or approval for the modification thereof, which are referred to in Article 8 (3) and (4), or issue an order for improvement, fixing a period of not longer than one month: Provided, That in cases falling under subparagraph 1, he/she shall cancel such approval or approval for modification: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9010, Mar. 28, 2008>
1. Where the approval for an implementation plan or approval for the modification thereof is obtained by means of false or other unjust methods;
2. Where mining damage prevention is not commenced until the period for conducting mining damage prevention, which is fixed by an implementation plan, expires;
3. Where mining damage prevention is conducted by modifying an implementation plan without obtaining the approval for modification referred to in Article 8 (4);
4. Where a person who has obtained approval for an implementation plan or approval for the modification thereof transfers the mining damage prevention at his/her discretion.
(2) Matters necessary for the cancellation of approval for an implementation plan or approval for the modification thereof, and the order for improvement, which are referred to in paragraph (1) shall be determined by Presidential Decree. <Amended by Act No. 9010, Mar. 28, 2008>
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 Article 10 (Duties of Persons Responsible for Preventing Mining Damage, etc.)   print
(1) Every person responsible for preventing mining damage shall assume the duty to prevent mining damage.
(2) Every person responsible for preventing mining damage shall bear the costs for each of the following activities as prescribed by Presidential Decree:
1. Prevention of mining damage in accordance with implementation plans;
2. Prevention of mining damage that occurs at the time of suspending or abandoning a mine;
3. Prevention of mining damage that occurs after abandoning a mine and installation, operation and management of mining damage prevention facilities;
4. Other activities, such as compensation for damage caused by mining damage as a result of the development of a mine and restoration to the original state.
(3) Any person that succeeds to a mining concession or mining lease shall succeed to the duties of the previous mining concession holder or mining lessee for preventing mining damage, which is assumed pursuant to paragraph (1). <Amended by Act No. 9010, Mar. 28, 2008>
CHAPTER III MINING DAMAGE PREVENTION
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 Article 10-2 Deleted.<by Act No. 10496, Mar. 30, 2011>   print
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 Article 11 (Scope of Mining Damage Prevention)   print
The scope of mining damage prevention is as mentioned in each of the following subparagraphs: <Amended by Act No. 9010, Mar. 28, 2008>
1. Prevention of mining damage falling under any of the following items, which occurs or is expected to occur in active mines, inactive mines and abandoned mines and restoration of deteriorated areas;
(a) Waste rocks generated during the development of mines;
(b) Mining wastes, tailings and leachate which are generated in the process of selecting and refining minerals;
(c) Sinking and cracking of the ground which result from the collapse of a site where minerals are extracted, etc.;
(d) Polluted water drained out of pits, and sewage and waste water which are generated in selecting sites;
(e) Noise, quakes and dust which are caused by mining activities;
(f) Others, such as the deterioration of forests and land (including the pollution of soil and farmland) which is caused by mining activities;
2. Removal and disposal of facilities, materials, etc. unused in abandoned mines;
3. Installation, operation and management of mining damage prevention facilities in active mines, inactive mines and abandoned mines;
4. Investigations (including intensive investigations of soil), research, technology development and education for the prevention of mining damage;
5. Domestic and international technical cooperation for the prevention of mining damage;
6. Matters determined by Presidential Decree, such as the improvement of polluted soil.
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 Article 11-2 (Listening to Opinions on Use and Development of Land, etc.)   print
Any person that intends to use or develop facilities, land, forests, fields, etc. in which mining damage prevention and restoration of deteriorated areas referred to subparagraph 1 of Article 11 is completed shall listen to the opinion of the Minister of Knowledge Economy in advance prior to such use or development.
[This Article Newly Inserted by Act No. 9010, Mar. 28, 2008]
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 Article 12 (Conducting Mining Damage Prevention)   print
(1) Mining damage prevention shall be conducted by a person responsible for preventing mining damage directly: Provided, That in cases where it is not possible to be directly conducted by a person responsible for preventing mining damage due to the causes determined by Presidential Decree, such as the lack of technical ability, it shall be conducted by the Minister of Knowledge Economy. <Amended by Act No. 8852, Feb. 29, 2008>
(2) In cases where the Minister of Knowledge Economy conducts mining damage prevention pursuant to paragraph (1), the whole or part thereof may be entrusted to the persons in each of the following subparagraphs for the efficient promotion of the business: Provided, That in cases of research and technology development affairs for the prevention of mining damage, which is referred to in subparagraph 2 (d), it may be entrusted to a relevant academic or research institution which is not a specialized mining damage prevention business operator referred to in subparagraph 2, depending on the nature of the development business: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9010, Mar. 28, 2008>
1. Mine Reclamation Corporation referred to in Article 31;
2. A person specialized in conducting any of the following and registered with the Minister of Knowledge Economy pursuant to Article 13 (hereinafter referred to as "specialized mining damage prevention business operator"):
(a) Restoration of forests;
(b) Improvement, restoration to the original state and purification of soil (including farmland);
(c) Improvement of the quality of polluted water, and prevention and restoration of ground subsidence;
(d) Research, technology development and supervision for the prevention of mining damage;
(e) Other activities determined by Ordinance of the Ministry of Knowledge Economy for the efficient promotion of mining damage prevention.
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 Article 13 (Registration of Specialized Mining Damage Prevention Business Operators, etc.)   print
(1) Any person that intends to become a specialized mining damage prevention business operator shall be registered with the Minister of Knowledge Economy, satisfying the criteria for registration which are determined by Presidential Decree in terms of technical ability, facilities and equipment, etc. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Every specialized mining damage prevention business operator shall, when intending to modify the matters registered pursuant to paragraph (1), apply for an amended registration to the Minister of Knowledge Economy: Provided, That in cases of modifying a minor matter determined by Ordinance of the Ministry of Knowledge Economy, he/she shall file a report thereon. <Amended by Act No. 8852, Feb. 29, 2008>
(3) Matters necessary for the matters to be observed by specialized mining damage prevention business operators, etc. shall be determined by Presidential Decree.
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 Article 14 (Causes of Disqualification)   print
No person that falls under any of the following subparagraphs shall be allowed to be registered as a specialized mining damage prevention business operator:
1. A minor, quasi-incompetent, or incompetent;
2. A bankrupt who has not been reinstated yet;
3. A person who was sentenced to imprisonment with prison labor or a heavier punishment for a violation of this Act and for whom two years have not elapsed since the execution of such punishment was terminated (including the cases where the execution of such punishment is deemed terminated) or exempted;
4. A person who is under the suspension of the execution of imprisonment with prison labor or a heavier punishment as declared by a court by reason of violating the provisions of this Act;
5. A registered specialized mining damage prevention business operator for whom two years have not elapsed since his/her registration was cancelled;
6. A corporation which has an officer falling under any of subparagraphs 1 through 4.
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 Article 15 (Cancellation of Registration)   print
(1) The Minister of Knowledge Economy may, when a person who is registered pursuant to Article 13 (1) falls under any of the following subparagraphs, cancel the registration concerned: Provided, That in cases falling under any of subparagraphs 1 and 4 through 6, he/she shall cancel the registration concerned: <Amended by Act No. 8852, Feb. 29, 2008>
1. Where the person applies for registration or amended registration under Article 13 by means of false or other unjust methods;
2. Where the person conducts a business without making the registration for modification referred to in Article 13;
3. Where the person falls short of the criteria for registration which are determined by Presidential Decree pursuant to Article 13 (1);
4. Where the person falls under any of the subparagraphs of Article 14: Provided, That the same shall not apply to the cases where a corporation falling under subparagraph 6 of Article 14 replaces relevant officers within six months;
5. Where the person is awarded a contract all or an important part, as specified by Presidential Decree, of a mining damage prevention entrusted pursuant to Article 12 (2);
6. Where the person has other person use his/her registered name.
(2) The Minister of Knowledge Economy shall, when intending to cancel registration pursuant to paragraph (1), hold a hearing. <Amended by Act No. 8852, Feb. 29, 2008>
(3) Matters necessary for procedures for the cancellation of registration and holding a hearing which are referred to in paragraphs (1) and (2) shall be determined by Ordinance of the Ministry of Knowledge Economy. <Amended by Act No. 8852, Feb. 29, 2008>
(4) When holding a hearing pursuant to paragraph (2), the Minister of Knowledge Economy shall, when a person concerned makes an oral statement of his/her opinion, record the summary of, and the person making, the statement in writing. <Amended by Act No. 8852, Feb. 29, 2008>
(5) When a person subject to a disposition for cancellation of registration was unable to attend the hearing referred to in paragraph (2) to make a statement of his/her opinion, due to a natural disaster or other unavoidable cause, he/she may make a statement of his/her opinion within ten days after the date on which such cause disappears.
(6) Notwithstanding the provisions of paragraphs (2) through (5), when a party concerned explicitly expresses his/her intention not to make a statement of his/her opinion, a statement of opinion need not be attached.
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 Article 16 (Report on Completion and Results of Mining Damage Prevention)   print
(1) Any mining damage prevention implementer who conducts mining damage prevention shall report to the Minister of Knowledge Economy the results of the mining damage prevention during the relevant year as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Minister of Knowledge Economy shall notify the heads of the relevant administrative organs of the central government of the results of the mining damage prevention during the relevant year which are reported by a mining damage prevention implementer pursuant to paragraph (1). <Amended by Act No. 8852, Feb. 29, 2008>
(3) Matters necessary for the procedures for the reporting on the results of mining damage prevention under paragraph (1) and the period for retention of relevant documents by mining damage prevention implementers shall be determined by Ordinance of the Ministry of Knowledge Economy. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 17 (Emergency Mining Damage Prevention)   print
(1) A mining damage prevention implementer may, when unpredictable mining damage occurs as a result of an accident, natural disaster, breakdown of mining damage prevention facilities, etc., conduct mining damage prevention after reporting such fact to the Minister of Knowledge Economy without delay, notwithstanding the provisions of Article 8 (3) and (4). <Amended by Act No. 8852, Feb. 29, 2008>
(2) Any mining damage prevention implementer who conducts the mining damage prevention referred to in paragraph (1) (hereinafter referred to as "emergency mining damage prevention") shall prepare a progress report and emergency mining damage prevention plan and obtain approval from the Minister of Knowledge Economy therefor within 30 days from the date of commencement of the emergency mining damage prevention. <Amended by Act No. 8852, Feb. 29, 2008>
(3) The Minister of Knowledge Economy shall, when granting approval for the emergency mining damage prevention plan referred to in paragraph (2), notify the heads of the relevant administrative organs of the central government thereof. <Amended by Act No. 8852, Feb. 29, 2008>
(4) The Minister of Knowledge Economy may, when the emergency mining damage prevention plan referred to in paragraph (2) contains a business other than the mining damage prevention referred to in Article 11, order the modification or suspension of the emergency mining damage prevention. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 18 (Payment of Mining Damage Prevention Expenses according to Progress of Mining Damage Prevention)   print
(1) With respect to those subject to a disposition for cancellation of registration pursuant to Article 15, or those subject to an order for suspension pursuant to Article 17 (4) after conducting emergency mining damage prevention, the Minister of Knowledge Economy may pay them all or part of the mining damage prevention expenses spent prior to the occurrence of the act that caused the disposition for cancellation or order for suspension, taking into account the progress of the mining damage prevention that has been already conducted and contribution to all of the mining damage prevention. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Matters necessary for the criteria and procedures for the payment of mining damage prevention expenses referred to in paragraph (1) shall be determined by Presidential Decree.
CHAPTER IV EXPROPRIATION, USE, ETC. OF LAND, ETC.
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 Article 19 (Expropriation, Use, etc. of Land, etc.)   print
(1) A mining damage prevention implementer may, when necessary for the installation, management and maintenance of the mining damage prevention facilities of active mines, inactive mines and abandoned mines, expropriate or use another person's land or buildings built thereon and other things (hereinafter referred to as "land, etc.") or change or remove other person's plants and other obstacles (hereinafter referred to as "plants, etc.").
(2) Except as otherwise provided in this Act, the provisions of the Act on Acquisition of and Compensation for Land, etc. for Public Works shall apply mutatis mutandis to the procedures for the expropriation, use, change or removal which are referred to in paragraph (1), etc. In such cases, the "approval" referred to in Articles 8 (3) and 17 (2) shall be read as the "project approval" referred to in Article 20 (1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works, and an application for adjudication may be made during the period for conducting mining damage prevention fixed by an implementation plan, notwithstanding the provisions of Article 23 (1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works and Article 28 (1) of the same Act.
(3) A mining damage prevention implementer may, when falling under any of the following subparagraphs, temporarily use land, etc. or change or remove plants, etc., notwithstanding the provisions of paragraph (2): Provided, That when land, etc. is used for residential purposes, he/she shall consult with the dweller concerned on the date, time and period of the use in advance:
1. Temporary use of another person's land, etc. for a period not longer than 15 days in the circumstance that mining damage prevention facilities are destroyed or are likely to be destroyed because of natural disasters and other emergencies;
2. Change or removal of neglected plants, etc. in cases where the neglected plants, etc. that obstruct mining damage prevention facilities are deemed likely to cause considerable damage to the relevant supply facilities or are deemed likely to cause other mining damage.
(4) A mining damage prevention implementer shall, when temporarily using another person's land, etc. or changing or removing plants, etc. pursuant to paragraph (3), notify the owners or occupiers thereof of such fact immediately.
(5) A mining damage prevention implementer shall, when loss is caused by the expropriation, use, change or removal referred to in paragraph (1) or (3), compensate the loss by applying the provisions of the Act on Acquisition of and Compensation for Land, etc. for Public Worksmutatis mutandis thereto.
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 Article 20 (Entry to Land, etc.)   print
(1) A mining damage prevention implementer may, when necessary for the investigation, installation, maintenance and safety control of mining damage prevention facilities in active mines, inactive mines and abandoned mines, enter or temporarily use another person's land or the buildings and other structures that are fixed thereon and may, when particularly necessary, change or remove plants, etc.
(2) The provisions of Articles 130 (2) through (9) and 131 of the National Land Planning and Utilization Act shall apply mutatis mutandis to cases falling under paragraph (1).
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 Article 21 (Use of Public Land or Facilities)   print
(1) A mining damage prevention implementer may, when necessary to use public land or facilities which are held or managed by the State, local government and other public institutions for mining damage prevention, use them, obtaining the permission of the manager of the facilities concerned within the scope not to considerably impair the usefulness thereof.
(2) In cases falling under paragraph (1), when the manger of a public land or facility refuses to accept a request for permission without any justifiable ground or conditions of permission are inappropriate, the competent Minister or the head of the local government that has jurisdiction over the manager of the concerned land or facility may permit the use or change the conditions of permission upon application of the mining damage prevention implementer.
(3) In cases where the competent Minister or the head of each local government intends to permit use or change a condition of permission pursuant to paragraph (2), he/she shall consult with the Minister of Knowledge Economy in advance. <Amended by Act No. 8852, Feb. 29, 2008>
CHAPTER V MINING DAMAGE PREVENTION FUNDS
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 Article 22 (Creation of Mining Damage Prevention Funds)   print
(1) The Minister of Knowledge Economy shall create the Mining Damage Prevention Funds with the financial resources in each of the following subparagraphs: <Amended by Act No. 8852, Feb. 29, 2008>
1. Charges paid by persons responsible for preventing mining damage pursuant to Article 24;
2. Government contributions or subsidies referred to in Article 5 (2) of the Act on the Special Accounts for Energy and Resources-Related Projects;
3. Assistance project expenses referred to in Article 27 (1) 1 of the Coal Industry Act used to subsidize mining damage prevention facilities and mine closure countermeasure expenses which are paid for the prevention of mining damage in the mines to be abandoned pursuant to Article 39-3 (1) 3 of the same Act;
4. Contributions or subsidies provided in accordance with other Acts, such as the ecosystem preservation cooperation charge referred to in Article 49 of the Natural Environment Conservation Act and the refund of ecosystem preservation cooperation charges referred to in Article 50 of the same Act.
(2) With respect to the mining concession holders or mining lessees of inactive mines and abandoned mines, the Minister of Knowledge Economy shall settle the charges imposed on the persons responsible for preventing mining damage as referred to in Article 24, which were collected during the operation of the mines: Provided, That he/she may impose additional charges for the deficiencies of mining damage prevention expenses, facility management and maintenance expenses for mining damage in progress and other operating expenses. <Amended by Act No. 8852, Feb. 29, 2008>
(3) The Mining Damage Prevention Funds created pursuant to paragraph (1) 1 and 4 and the additional charges collected pursuant to Article 26 (2) shall become revenue in accordance with the provisions of the Act on the Special Accounts for Energy and Resources-Related Projects.
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 Article 23 (Use of Mining Damage Prevention Funds)   print
(1) The Mining Damage Prevention Funds shall be used for each of the following purposes: <Amended by Act No. 8852, Feb. 29, 2008>
1. Conducting mining damage prevention;
2. Compensation for damage caused by mining damage;
3. Installation, operation, and management and maintenance of mining damage prevention facilities in inactive mines and abandoned mines;
4. Examination (including intensive examination of soil), research, technology development and education on the impacts of mining damage on surrounding environments and mining damage prevention;
5. Domestic and international cooperation for the prevention of mining damage;
6. Operation of the Mine Reclamation Corporation referred to in Article 31;
7. Loans for mining damage prevention conducted by mining concession holders or mining lessees of active mines;
8. Other activities determined by Presidential Decree, necessary for the prevention of mining damage.
(2) Any deficit that is incurred as a result of conducting the activities referred to in paragraph (1) 1 through 3 and 7 may be deducted from the Mining Damage Prevention Funds.
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 Article 24 (Charges on Persons Responsible for Preventing Mining Damage)   print
(1) The Minister of Knowledge Economy may have persons responsible for preventing mining damage bear the expenses incurred in prevention of mining damage and restoration of the natural environment to the original state in whole or in part. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The expenses to be borne by persons responsible for preventing mining damage pursuant to paragraph (1) (hereinafter referred to as "charge") shall be calculated for each mine in accordance with each of the following criteria: <Amended by Act No. 10496, Mar. 30, 2011>
1. Production of minerals of the preceding year;
2. Cause and frequency, and scope of occurrence of mining damage;
3. The number of years and extent of operating a mine;
4. Yearly plan for the installation of mining damage prevention facilities;
5. Possibility that mining damage is under way after suspending or abandoning a mine and the expected period of the termination thereof;
6. Total amount of expenses for mining damage prevention;
7. Total amount of charges accumulated by the preceding year;
8. Where mining damage causes loss to other persons, total amout of expenses for the compensation therefor (limited to cases where compensation for damage is desired to be paid as a charge);
9. Reduction and exemption of mining damage prevention expenses doubly imposed by other Acts;
10. Other expenses for the prevention of mining damage.
(3) The Minister of Knowledge Economy shall give notice (including electronic notices; hereinafter the same shall apply) to persons responsible for preventing mining damage of a charge calculated pursuant to paragraph (2) by January 15 each year: Provided, That when the emergency mining damage prevention referred to in Article 17 is needed, he/she shall attach thereto a notice of approval for a plan for the emergency mining damage prevention. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 10495, Mar. 30, 2011>
(4) Every person responsible for preventing mining damage shall pay the charge of which he/she is notified pursuant to paragraph (3) within 30 days from the date on which he/she receives such notice.
(5) The Minister of Knowledge Economy may have the charges to be paid by persons responsible for preventing mining damage be paid in a lump-sum or in installments. <Amended by Act No. 8852, Feb. 29, 2008>
(6) The Minister of Knowledge Economy shall prepare necessary measures to reduce the charges on persons responsible for preventing mining damage. <Amended by Act No. 8852, Feb. 29, 2008>
(7) Other matters necessary for the criteria for the calculation of, procedures for imposition, etc. of charges shall be determined by Presidential Decree.
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 Article 25 (Additional Collection and Refund of Charges)   print
(1) When a person responsible for preventing mining damage who paid a charge completes a mining damage prevention directly, when a person who is not responsible for preventing mining damage completes a mining damage prevention due to the suspension and abandonment of mines, when a person responsible for preventing mining damage cancels an implementation plan due to unavoidable causes, or when the Minister of Knowledge Economy cancels approval for an implementation plan pursuant to Article 9, the Minister of Knowledge Economy shall settle the charges paid pursuant to Article 24 for additional collection or refunding. <Amended by Act No. 9010, Mar. 28, 2008>
(2) The refund referred to in paragraph (1) shall be paid from the revenue account of investment account of the special accounts for energy and resources-related projects. <Newly Inserted by Act No. 9010, Mar. 28, 2008>
(3) Criteria and procedures for the additional collection and refund of charges as a result of the settlement of charges shall be determined by Presidential Decree.
(4) In cases where a person responsible for preventing mining damage dies or where a mining concession or a mining lease is transferred, the right and duty of the person responsible for preventing mining damage under paragraph (1) shall be transferred to the universal successor.
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 Article 26 (Collection of Charges and Additional Charges)   print
(1) The Minister of Knowledge Economy shall, when a person liable to pay a charge pursuant to Articles 24 and 25 fails to pay it, issue a letter of reminder to the person within 15 days from the date on which the payment is due. In such cases, the deadline of payment shall be ten days or less from the date on which a letter of reminder is issued. <Amended by Act No. 8852, Feb. 29, 2008>
(2) In cases where a person who is urged to make a payment pursuant to paragraph (1) fails to pay a charge by the deadline of payment, an additional charge determined by Presidential Decree in an amount not exceeding 5/100 of the charge may be collected for the period starting from the date following the date on which the payment is due to the date preceding the date on which the payment is made. In such cases, the Minister of Knowledge Economy may order the suspension of use of mining facilities in accordance with the procedures determined by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
(3) When the charge referred to in paragraph (1) or the additional charge referred to in paragraph (2) is not paid until the designated deadline, the Minister of Knowledge Economy may collect it in the same manner as delinquent national taxes are collected. <Amended by Act No. 8852, Feb. 29, 2008>
(4) Matters necessary for detailed criteria for, the method of calculating and procedures for imposing of charges and additional charges shall be determined by Presidential Decree.
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 Article 27 (Operation and Management of Mining Damage Prevention Funds)   print
The Mining Damage Prevention Funds shall be operated and managed by the Minister of Knowledge Economy in accordance with the provisions of the Act on the Special Accounts for Energy and Resources-Related Projects. <Amended by Act No. 8852, Feb. 29, 2008>
CHAPTER VI INSPECTION AND MAINTENANCE AND MANAGEMENT OF MINING DAMAGE PREVENTION FACILITIES
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 Article 28 (Inspection of Mining Damage Prevention Facilities, etc.)   print
(1) With respect to work for the installation or modification of mining damage prevention facilities determined by Presidential Decree, every person responsible for preventing mining damage or every mining damage prevention business operator shall have each process of the work inspected by the Minister of Knowledge Economy, and, when failing to pass the inspection, shall not be allowed to use them. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Matters necessary for the inspection methods of and procedures for the work for the installation and modification of mining damage prevention facilities under paragraph (1) shall be determined by Ordinance of the Ministry of Knowledge Economy. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 29 (Report and Inspection)   print
(1) The Minister of Knowledge Economy may order persons responsible for preventing mining damage, mining damage prevention implementers, owners of mining damage prevention facilities or installers of such facilities, etc. to report matters concerning their activities or have the public officials under his/her control enter business offices and other business places and inspect account books, documents and other things which concern their activities within the scope necessary for conducting mining damage prevention. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Any person that conducts the inspection referred to in paragraph (1) shall carry a certificate that shows his/her authority and present it to related persons.
(3) Matters necessary for the methods of and procedures for the inspection referred to in paragraph (1) shall be determined by Presidential Decree.
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 Article 30 (Post-Management and Maintenance of Mining Damage Prevention Facilities)   print
(1) The Minister of Knowledge Economy may have mining damage prevention implementers continue to conduct the duty to manage and maintain the mining damage prevention facilities determined by Presidential decree in order to prevent the mining damage that continuously occurs in abandoned mines. <Amended by Act No. 8852, Feb. 29, 2008>
(2) In cases where a person responsible for preventing mining damage of an inactive mine or abandoned mine has already paid a charge, the responsibility for the management and maintenance of the relevant mining damage prevention facilities shall be succeeded by the Mine Reclamation Corporation referred to in Article 31 from the date on which the charge was paid. <Amended by Act No. 9010, Mar. 28, 2008>
(3) The head of each relevant administrative organ of the central government may investigate whether soil, subterranean water, rivers, etc. are polluted as prescribed by relevant Acts in order to verify the impact of environmental pollution on the surrounding areas of a business place in which mining damage prevention is completed.
(4) In cases where soil, subterranean water, rivers, etc. are found to be polluted or are concerned to be polluted by the factor of mining damage as a result of the investigation referred to in paragraph (3), the head of each relevant administrative organ of the central government shall notify the Minister of Knowledge Economy of the results of the investigation. <Amended by Act No. 8852, Feb. 29, 2008>
(5) The Minister of Knowledge Economy shall review the results of the investigation notified to him/her pursuant to paragraph (4) and address countermeasures against the results in the action plan referred to in Article 8 (1). <Amended by Act No. 8852, Feb. 29, 2008>
CHAPTER VII MINE RECLAMATION CORPORATION
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 Article 31 (Establishment of Mine Reclamation Corporation)   print
(1) The Mine Reclamation Corporation (hereinafter referred to as the "Corporation") shall be established in order to effectively conduct mining damage prevention businesses. <Amended by Act No. 9010, Mar. 38, 2008>
(2) The Corporation shall be a juristic person <Amended by Act No. 9010, Mar. 28, 2008>
(3) Matters to be entered in the articles of association of the Corporation and other matters necessary for operation shall be determined by Presidential Decree. <Amended by Act No. 9010, Mar. 28, 2008>
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 Article 32 (Office)   print
(1) The seat of the principal office of the Corporation shall be determined by the articles of association. <Amended by Act No. 9010, Mar. 28, 2008>
(2) The Corporation may, when necessary to conduct its duties, have local offices and branches in necessary places as prescribed by the articles of association. <Amended by Act No. 9010, Mar. 28, 2008>
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 Article 33 (Registration)   print
(1) The Corporation shall be incorporated by completing registration for incorporation at the seat of its principal office. <Amended by Act No. 9010, Mar. 28, 2008>
(2) Matters necessary for the registration for incorporation of the Corporation, registration of establishment of local offices and branches and other registrations of the Corporation shall be determined by Presidential Decree. <Amended by Act No. 9010, Mar. 28, 2008>
(3) With respect to matters requiring registration other than the registration for incorporation, the Corporation shall not have defenses against a third party unless those matters are registered. <Amended by Act No. 9010, Mar. 28, 2008>
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 Article 34 (Officers and Employees)   print
(1) The Corporation shall have the officers and employees in each of the following subparagraphs: <Amended by Act No. 9010, Mar. 28, 2008>
1. One chief director;
2. Not less than five and not more than nine directors;
3. One auditor.
(2) Deleted. <Amended by Act No. 9010, Mar. 28, 2008>
(3) The officers shall be appointed and dismissed in accordance with the provisions of the Act on the Management of Public Institutions: Provided, That not less than two experts in the field of environment shall be included in the directors. <Amended by Act No. 9010, Mar. 28, 2008>
(4) Deleted. <Amended by Act No. 9010, Mar. 28, 2009>
(5) The term of office of the chief director shall be three years and the term of office of directors and auditors shall be two years and they may be reappointed by the unit of one year. <Amended by Act No. 9010, Mar. 28, 2008>
(6) The Corporation shall have employees to handle its affairs as prescribed by the articles of association and the employees shall be appointed and dismissed by the chief director. <Amended by Act No. 9010, Mar. 28, 2008>
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 Article 35 (Restriction on Concurrent Offices of Officers and Employees)   print
(1) No officer or employee of the Corporation shall be engaged in an activity aimed at making profits except in the course of his/her duties. <Amended by Act No. 9010, Mar. 28, 2008>
(2) No employee shall take concurrent office without the permission of the chief director.
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 Article 36 (Chief Director's Right of Representation, etc.)   print
(1) The chief director shall represent the Corporation and supervise the operation and affairs of the Corporation.
(2) With respect to the matters in which the interest of the Corporation conflicts with that of the chief director, the chief director shall not represent the Corporation. In such cases, the auditor shall represent the Corporation. <Amended by Act No. 9010, Mar. 28, 2008>
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 Article 37 (Appointment of Agent)   print
The chief director may appoint an agent authorized to conduct some of acts concerning the activities of the Corporation except for trials from among its employees as prescribed by the articles of association. <Amended by Act No. 9010, Mar. 28, 2008>
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 Article 38 (Prohibition against Divulging Confidential Information)   print
A person who is or was an officer or employee of the Corporation shall not divulge or make fraudulent use of any confidential information learned in connection with his/her duties or have another person use such information. <Amended by Act No. 9010, Mar. 28, 2008>
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 Article 39 (Activities)   print
(1) The Corporation shall conduct mining damage prevention referred to in Article 11 and each of the following activities: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9010, Mar. 28, 2008>
1. Establishment of mining damage prevention plans and devising of measures for the prevention of mining damage for each mine;
2. Compensation of losses caused by mining damage;
3. Environmental improvement in mining areas;
4. Activities entrusted by the State or local governments in connection with mining damage prevention;
5. Guarantee of performance of liabilities, etc. to be assumed by mining concession holders or mining lessees in accordance with other Acts;
6. Assistance to the activities referred to in subparagraphs 1 through 8 of Article 29 of the Coal Industry Act;
7. Promotion of rationalization of the coal industry, safety support activities for the coal mining industry, activities for the improvement of quality of coal and coal-processed products, research, investigation, statistics and public relations for the prevention of mining damage and rationalization of the coal industry;
8. Other activities entrusted by the State, local governments, corporations or individuals.
(2) With respect to the Corporation, assistance, such as the reduction and exemption of taxes may be provided by relevant Acts, such as the Restriction of Special Taxation Act. <Amended by Act No. 9010, Mar. 28, 2008>
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 Article 39-2 (Overseas Projects)   print
(1) The Corporation may conduct mining damage prevention projects overseas.
(2) Where the Corporation intends to conduct an overseas mining damage prevention project under paragraph (1) (hereinafter referred to as "overseas project" in this Article), it shall obtain a resolution from the board of directors organized pursuant to Article 17 of the Act on the Management of Public Institutions.
(3) The Corporation shall not use the following funds as financial resources for investment necessary to conduct overseas projects:
1. Mining damage prevention funds under Article 22 (excluding cases where such funds are used for international technical cooperation under subparagraph 5 of Article 11 in accordance with Article 23);
2. Contributions from the Government under Article 41;
3. Profits of a casino operator permitted under Article 11 of the Special Act on the Assistance to the Development of Abandoned Mine Areas.
(4) The Corporation shall use the profits generated from overseas projects for any of the following purposes:
1. Re-investment in overseas projects;
2. Domestic mining damage prevention projects;
3. Projects incidental to overseas projects.
(5) The Corporation shall separately deal with the accounting of overseas projects from other accounting of the Corporation.
[This Article Wholly Amended by Act No. 10496, Mar. 30, 2011]
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 Article 40 (Operational Expenses of Corporation)   print
The financial resources in each of the following subparagraphs shall be appropriated for the expenses for the operation of the Corporation: <Amended by Act No. 9010, Mar. 28, 2008>
1. Government contributions;
2. Mining Damage Prevention Funds referred to in Article 23 (1) 6;
3. Other income from property.
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 Article 41 (Government Support)   print
The Government may make contributions to the Corporation out of the special accounts for energy and resources-related projects or general accounts to cover the expenses in each of the following subparagraphs: <Amended by Act No. 9010, Mar. 28, 2008>
1. Operational expenses;
2. Expenses for research and technology development for the prevention of mining damage;
3. Some of expenses incurred in conducting mining damage prevention for active mines, inactive mines and abandoned mines (limited to abandoned mines where persons responsible for preventing mining damage exist) in accordance with action plans;
4. Expenses incurred in conducting mining damage prevention for the mines in each of the following:
(a) Coal industry rationalization coal mines abandoned pursuant to Article 39-2 of the Coal Industry Act;
(b) Metal and non-metal mines abandoned without a person causing mining damage.
5. Expenses incurred in conducting emergency mining damage prevention referred to in Article 17;
6. Expenses incurred in compensating losses referred to in Article 19 (5);
7. Expenses for indemnity for damage caused by mining damage.
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 Article 42 (Instruction on and Supervision over Business)   print
(1) The Minister of Knowledge Economy shall instruct on or supervise over the business related to any of the following matters, from among the business of the Corporation: <Amended by Act No. 9010, Mar. 28, 2008; Act No. 10496, Mar. 30, 2011>
1. Matters concerning the establishment and implementation of business plans;
2. Matters concerning the stable operation of coal mining industry and the securing of stability in the use of coal-processed products;
3. Matters concerning the promotion of abandoned mine areas and the boosting of local economy;
4. Overseas mining damage prevention projects under Article 39-2;
5. Matters prescribed by Presidential Decree as necessary for achieving management goals of the Corporation.
(2) The Minister of Knowledge Economy may give the Corporation orders necessary for carrying out its business, within the extent necessary for instruction and supervision under paragraph (1). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9010, Mar. 28, 2008>
(3) Within the extent necessary for instruction and supervision under paragraph (1), the Minister of Knowledge Economy may have the Corporation report necessary matters on its business, accounting and property, or have public officials under his/her control inspect books, documents or other articles of the Corporation. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9010, Mar. 28, 2008>
(4) Public officials who conduct inspection under paragraph (3) shall carry a certificate that show their authority and produce it to persons concerned.
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 Article 43 (Provisions of Civil Act Applicable Mutatis Mutandis)   print
Except as otherwise provided in this Act, the provisions of the Civil Act, which pertain to incorporated foundations shall apply mutatis mutandis to the Corporation. <Amended by Act No. 9010, Mar. 28, 2008>
CHAPTER VIII SUPPLEMENTARY PROVISIONS
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 Article 44 (Fees)   print
When a person responsible for preventing mining damage intends to entrust to an investigative institution or inspective institution determined by Presidential Decree the confirmation of mining damage, investigation for the determination of the scope of compensation for damage caused by mining damage, field study for mining damage prevention, inspection of mining damage prevention facilities referred to in Article 28, investigation of whether mining damage prevention facilities are working normally, investigation of the degree of pollution, etc., the Minister of Knowledge Economy may have him/her pay fees to such institutions as prescribed by Ordinance of the Ministry of Knowledge Economy. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 45 (Legal Fiction of Public Officials in Application of Penal Provisions)   print
Every officer or employee of the Corporation shall be deemed a public official in the application of the penal provisions of the Criminal Act and other Acts. <Amended by Act No. 9010, Mar. 28, 2008>
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 Article 46 (Delegation and Entrustment of Authorities)   print
The Minister of Knowledge Economy may delegate part of his/her authorities or duties under this Act to the heads of the institutions under his/her control or to Metropolitan City Mayors/Do Governors or entrust them to the Corporation as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9010, Mar. 28, 2008>
CHAPTER IX PENAL PROVISIONS
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 Article 47 (Penal Provisions)   print
A person that falls under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than two years or by a fine not exceeding 20 million won:
1. A person who conducts mining damage prevention without obtaining the approval for an implementation plan referred to in Article 8 (3);
2. A person who violates the order for the change or suspension of emergency mining damage prevention referred to in Article 17 (4);
3. A person who refuses, interferes with or evades the report or inspection referred to in Article 29 (1);
4. A person who violates the duty not to divulge confidential information referred to in Article 38.
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 Article 48 (Penal Provisions)   print
A person who uses a facility which has not undergone the inspection referred to in Article 28 or failed to pass the inspection shall be punished by imprisonment with prison labor for not more than one year or by a fine not exceeding 10 million won.
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 Article 49 (Fines for Negligence)   print
(1) A person falling under any of the following subparagraphs shall be punished by a fine for negligence not exceeding 10 million won: <Amended by Act No. 8852, Feb. 29, 2008>
1. A person who fails to report, in violation of Article 16 (1);
2. A person who fails to retain documents related to mining damage prevention projects for a period determined by Ordinance of the Ministry of Knowledge Economy in accordance with Article 16 (3);
3. A person who refuses, interferes with or evades inspection under Article 42 (3).
(2) Fines for negligence under paragraph (1) shall be imposed and collected by the Minister of Knowledge Economy as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
(3) through (5) Deleted. <by Act No. 10496, Mar. 30, 2011>
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Mining Damage Prevention Facilities)
Mining damage prevention facilities installed pursuant to the following subparagraphs as at the time this Act enters into force shall be deemed to have obtained the approval under Article 8 (3):
1. Facilities installed with the approval under Article 8 of the Mining Safety Act;
2. Facilities installed by Mayors/Do Governors in abandoned mines, and facilities installed by the Coal Industry Promotion Board established pursuant to Article 31 of the Coal Industry Act with the mine closure countermeasures expenses under Article 39-3 of the same Act in abandoned mines;
3. Other facilities installed with the authorization of the Minister of Environment or the relevant Mayor/Do Governor in accordance with related Acts, such as the Wastes Control Act, in order to prevent mining damage.
Article 3 (Transitional Measures concerning Establishment of Mining Damage Prevention Organization)
(1) The Coal Industry Promotion Board established pursuant to Article 31 of the Coal Industry Act as at the time this Act enters into force may apply to the Minister of Commerce, Industry and Energy to have the Mining Damage Prevention Organization to be established under this Act succeed to all rights, duties and property in accordance with a resolution of the board of directors.
(2) The Coal Industry Promotion Board, having obtained the approval from the Minister of Commerce, Industry and Energy according to the application under paragraph (1), shall be deemed to have been dissolved in concurrence with the establishment of the Mining Damage Prevention Organization, notwithstanding the provisions of the Civil Act, which pertain to the dissolution and liquidation of corporations, and all the rights, duties and property that belong to the corporation shall be succeeded by the Mining Damage Prevention Organization.
(3) The value of the property to be succeeded by the Mining Damage Prevention Organization pursuant to paragraph (2) shall be the book value on the date preceding the date of registration of incorporation of the Mining Damage Prevention Organization.
ADDENDA<Act No. 8355, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 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. 9010, Mar. 28, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Executives of Corporation)
Provisions concerning executives, among amended provisions of Article 34, shall apply to the first executive appointed after this Act enters into force.
Article 3 (Transitional Measures concerning Mining Damage Prevention Organization)
The Mining Damage Prevention Organization established pursuant to the previous provisions as at the time this Act enters into force shall be deemed the Mine Reclamation Corporation established under the amended provisions of Article 31.
Article 4 Omitted.
Article 5 (Relations with other Acts and Subordinate Statutes)
The citation of the previous Mining Damage Prevention Organization in other Acts and subordinate statutes as at the time this Act enters into force shall be deemed the citation of the Mine Reclamation Corporation under this Act.
ADDENDA<Act No. 9982, Jan. 27, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA<Act No. 10496, Mar. 30, 2011>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Applicability to Deadline to Notify Charges) The amended provisions of Article 24 (3) shall apply to charges calculated on and after this Act enters into force.
(3) (Applicability to Separate Dealing with Accounting of Overseas Projects) The separate dealing with accounting of overseas projects pursuant to the amended provisions of Article 39-2 (5) shall apply starting from the fiscal year following the fiscal year in which the enforcement date of this Act falls.