CHAPTER I GENERAL PROVISIONS
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| Article 1 (Purpose) |
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The purpose of this Act is to ensure that all citizens enjoy a healthy and pleasant life by preventing environmental pollution and environmental damage and by managing and preserving the environment in an appropriate and sustainable manner through defining the rights and duties of citizens and the obligations of the State with regard to environmental preservation and determining the fundamental matters for environmental policies.
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| Article 2 (Fundamental Ideas) |
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| (1) |
The State, local governments, business operators and citizens shall ensure that the current generation of citizens can broadly enjoy environmental benefits and simultaneously future generations will inherit such benefits by endeavoring to maintain and create a better environment, by considering environmental preservation first while engaging in any activities utilizing the environment, and by combining their efforts to prevent any environmental harms on the earth, in view of the fact that the creation of a delightful environment through a qualitative improvement and preservation of the environment and the maintenance of harmony and balance between human beings and the environment therethrough are indispensable elements for citizens’ health and enjoyment of a cultural life, for the maintenance of the territorial integrity, and for the everlasting development of the nation. <Amended by Act No. 11268, Feb. 1, 2012> |
| (2) |
The State and local governments shall pay due regard to ensuring balanced use of the environment-related goods and services among regions, people of every class, and groups. <Newly Inserted by Act No. 11268, Feb. 1, 2012> |
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| Article 3 (Definitions) |
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The definitions of terms used in this Act shall be as follows:
| 1. |
The term “environment” means a natural environment and living environment; |
| 2. |
The term “natural environment” means the natural conditions (including ecosystem and natural scenery) that include both all living things in the underground, on the earth’s surface (including the seas) and above the ground and inanimate matter surrounding them; |
| 3. |
The term “living environment” means the environment related to the daily life of human beings, such as the air, water, soil, waste, noise, vibration, malodor, and sunshine; |
| 4. |
The term “environmental pollution” means air pollution, water pollution, soil pollution, sea pollution, radioactive contamination, noise, vibration, malodor, sunshine interception, etc. caused by industrial activities and other human activities, which are such conditions as inflict damage on human health or the environment; |
| 5. |
The term “environmental damage” means the conditions that inflict serious damage on intrinsic functions of the natural environment by overhunting or overgathering wild animals or plants, destroying their habitats, disturbing the order of ecosystem, impairing the natural scenery, washing away the topsoil, etc.; |
| 6. |
The term “environmental preservation” means any activity undertaken to protect the environment from environmental pollution and environmental damage and to improve any polluted or damaged environment, as well as to maintain and create more delightful environmental conditions; |
| 7. |
The term “environmental capacity” means the limit to which the environment can keep its quality by absorbing, purifying and restoring environmental pollution or environmental damage on its own within a certain area; |
| 8. |
The term “environmental standards” means desirable environmental conditions or quality levels that the State should achieve and maintain to protect the health of citizens and create a delightful environment. |
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| Article 4 (Obligations of State and Local Governments) |
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| (1) |
In order to prevent any environmental pollution and environmental damage and any potential harms caused thereby and to properly manage and preserve the environment, the State shall have the obligation to develop and execute an environmental preservation plan. |
| (2) |
Every local government shall have the obligation to develop and execute its own plan according to the environmental preservation plan of the State, taking into consideration the regional characteristics of its jurisdictional area. |
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| Article 5 (Obligations of Business Operators) |
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Any business operator shall voluntarily take measures required for preventing any environmental pollution and environmental damage that may result from his/her business activities and shall have the obligation to participate and cooperate in environmental preservation policies of the State or local governments.
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| Article 6 (Rights and Duties of Citizens) |
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| (1) |
All the citizens shall have the rights to live in healthy and agreeable environments. |
| (2) |
All the citizens shall cooperate in environmental preservation policies of the State and local governments. |
| (3) |
All the citizens shall endeavor to reduce any environmental pollution and environmental damage that may result from their daily lives and to preserve the national land and natural environment. |
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| Article 7 (Principle of Liability of Persons Causing Pollution) |
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Any person who causes any environmental pollution or environmental damage due to his/her business or other activities shall, in principle, be liable to prevent the relevant pollution or damage and to recover and restore the polluted or damaged environment, as well as to bear expenses incurred in restoring the damage resulting from the environmental pollution or environmental damage.
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| Article 8 (Prior Prevention of Environmental Pollution, etc.) |
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| (1) |
The State and local governments shall exert preferential efforts for a prior preventive management of pollution through an original reduction of the materials and sources for environmental pollution and devise policies to promote voluntary efforts by business operators for the prevention of environmental pollution. |
| (2) |
Business operators shall endeavor to use raw materials with less environmental pollution and to improve their production processes at the entire phases of their business activities such as production, sale, distribution and destruction of products, and to reduce the generation of pollutants at their sources and to minimize any harmful impacts arising from the use and destruction of their products on the environment by means of saving resources and promoting recycling. |
| (3) |
The State, local governments and business operators shall endeavor to minimize any harmful impacts arising from their administrative plans and development projects on the environment with the aim of preventing such administrative plans and development projects from damaging the national land and natural environment. |
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| Article 9 (Integrated Consideration for Environment and Economy, etc.) |
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| (1) |
The Government shall develop methods by which the environment and economy can be evaluated in an integrated manner and shall utilize those methods when it formulates different types of policies. |
| (2) |
The Government shall assist in minimizing any harmful impacts on the environment through consultations between industries, regions and businesses within the environmental capacity. |
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| Article 10 (Saving of Resources, etc. and Facilitation of their Recycling) |
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| (1) |
The State and local governments shall develop policies necessary to economize resources and energy and to facilitate the recycling of resources, including the reuse and reutilization of resources. |
| (2) |
Business operators shall cooperate with the State and local governments in implementing the policies under paragraph (1) when they carry out economic activities. |
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| Article 11 (Reporting) |
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| (1) |
The Government shall submit each year to the National Assembly a report on the situation of promoting major environmental preservation policies. |
| (2) |
A report under paragraph (1) shall include the following: |
| 1. |
Current status of environmental pollution and environmental damage; |
| 2. |
Trends of domestic and foreign environments; |
| 3. |
Promotion status of environmental preservation policies; |
| 4. |
Other important matters relating to environmental preservation. |
| (3) |
The Minister of Environment may request the head of a relevant central administrative agency to submit the data required for preparing a report under paragraph (1), and the head of the relevant central administrative agency shall comply with it unless there exists any special reason to the contrary. |
CHAPTER II ESTABLISHMENT, ETC. OF ENVIRONMENTAL PRESERVATION PLANS
SECTION 1 Environmental Standards
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| Article 12 (Establishment of Environmental Standards) |
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| (1) |
The State shall establish environmental standards and ensure that such standards are properly maintained according to changes in environmental conditions. |
| (2) |
The environmental standards shall be determined by Presidential Decree. |
| (3) |
A Special Metropolitan City, Metropolitan City, Do or Special Self-Governing Province (hereinafter referred to as “City/Do”) may, by ordinance of the relevant City/Do, establish any separate environmental standards that are more expanded and strengthened than the environmental standards under paragraph (1) (hereinafter referred to as “local environmental standards”) or modify any existing environmental standards for such purposes, if deemed necessary in view of the environmental characteristics of the relevant area. |
| (4) |
If a Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor or Special Self-Governing Province Governor (hereinafter referred to as “Mayor/Do Governor”) establishes or modifies any local environmental standards under paragraph (3), he/she shall promptly report the fact to the Minister of Environment. |
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| Article 13 (Maintenance of Environmental Standards) |
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If the State or a local government enacts or amends any Act or subordinate statute related to the environment, establishes any administrative plan, or executes any project, he/she shall ensure that the environmental standards under Article 12 are properly maintained, in consideration of the following:
| 1. |
Prevention of the environmental deterioration, and elimination of the factors thereof; |
| 2. |
Restoration to the original state of any area the environment of which is polluted; |
| 3. |
Prevention of environmental pollution and environmental damage following the use of any new scientific technology; |
| 4. |
Proper distribution of financial resources for the prevention of environmental pollution. |
SECTION 2 Fundamental Policy
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| Article 14 (Development, etc. of Comprehensive National Environmental Plan) |
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| (1) |
The Minister of Environment shall develop a comprehensive plan to preserve the environment at the national level (hereinafter referred to as “comprehensive national environmental plan”), every ten years, after consultations with the heads of relevant central administrative agencies. |
| (2) |
If the Minister of Environment intends to develop or modify a comprehensive national environmental plan, he/she shall prepare a draft therefor and finalize it subject to deliberation by the State Council after hearing opinions from citizens, related experts, etc. through a public hearing, etc. |
| (3) |
If it is intended to modify any minor matters prescribed by Presidential Decree with respect to a comprehensive national environmental plan, the procedure under paragraph (2) may be omitted. |
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| Article 15 (Contents of Comprehensive National Environmental Plan) |
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A comprehensive national environmental plan shall include the following:
| 1. |
Matters concerning the given conditions for environmental changes, such as population, industry, economy, and utilization of land and sea; |
| 2. |
Predictions of the sources of environment pollution, environmental pollution level and pollutant discharge quantity, and prospects of changes in environmental quality due to environmental pollution and environmental damage; |
| 3. |
Current status of and prospects for the environment; |
| 4. |
Setting the targets of environmental preservation and the phased measures and project programs on the following matters to attain such targets: |
| (a) |
Matters concerning the preservation of natural environment such as biological diversity, ecosystem and scenery; |
| (b) |
Matters concerning the preservation of soil environment and groundwater quality; |
| (c) |
Matters concerning the preservation of marine environment; |
| (d) |
Matters concerning the preservation of the national land environment; |
| (e) |
Matters concerning the preservation of air environment; |
| (f) |
Matters concerning the preservation of water-quality environment; |
| (g) |
Matters concerning the wider availability of waterworks and sewerage systems; |
| (h) |
Matters concerning the control and recycling of wastes; |
| (i) |
Matters concerning the control of toxic chemicals; |
| (j) |
Control of radioactive contaminants; |
| (k) |
Other matters concerning the management of the environment; |
| 5. |
Computation of expenses required for executing projects, and methods to raise financial resources therefor; |
| 6. |
Other matters incidental to those listed in subparagraphs 1 through 5. |
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| Article 16 (Implementation of Comprehensive National Environmental Plan) |
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| (1) |
The Minister of Environment shall promptly notify the heads of relevant central administrative agencies of a comprehensive national environmental plan developed or modified under Article 14. |
| (2) |
The heads of relevant central administrative agencies shall take measures necessary to implement a comprehensive national environmental plan. |
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| Article 17 (Development, etc. of Mid-Term Comprehensive Plans for Environmental Preservation) |
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| (1) |
The Minister of Environment shall develop a mid-term comprehensive plan for environmental preservation (hereinafter referred to as “mid-term plan”), every five years, for the comprehensive and systematic promotion of a comprehensive national environmental plan finalized under Article 14 (2). |
| (2) |
If the Minister of Environment intends to develop or modify a mid-term plan, he/she shall prepare a draft therefor and finalize it subject to consultation with the heads of relevant central administrative agencies after hearing opinions from citizens, related experts, etc. through a public hearing, etc. |
| (3) |
If it is intended to modify any minor matters prescribed by Presidential Decree with respect to a mid-term plan, the procedure under paragraph (2) may be omitted. |
| (4) |
The Minister of Environment shall notify the heads of relevant central administrative agencies and the competent Mayors/Do Governors of a mid-term plan developed or modified under paragraphs (1) through (3), and the heads of the relevant central administrative agencies and the competent Mayors/Do Governors so notified shall reflect it in the business plans under their jurisdiction. |
| (5) |
The Minister of Environment, the heads of relevant central administrative agencies, and Mayors/Do Governors shall develop and execute annual implementation plans for a mid-term plan developed or modified under paragraphs (1) through (3), as prescribed by Presidential Decree, and the heads of the relevant central administrative agencies and the Mayors/Do Governors shall submit the records of execution of the annual implementation plans every year to the Minister of Environment. |
| (6) |
Matters necessary for developing and executing mid-term plans and annual implementation plans therefor shall be prescribed by Presidential Decree. |
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| Article 18 (Development, etc. of City/Do Environmental Preservation Plans) |
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| (1) |
A Mayor/Do Governor shall develop and implement an environmental preservation plan for the relevant City/Do (hereinafter referred to as “City/Do environmental plan”) according to the relevant comprehensive national environmental plan and mid-term plan, taking into consideration the regional characteristics of his/her jurisdictional area. |
| (2) |
If a Mayor/Do Governor intends to develop or modify a City/Do environmental plan of his/her own, he/she shall prepare a draft therefor and finalize it after hearing opinions from residents, related experts, etc. through a public hearing, etc.: Provided, That when he/she intends to modify any minor matters prescribed by Presidential Decree, the same shall not apply. |
| (3) |
If a Mayor/Do Governor develops or modifies a City/Do environmental plan of his/her own, he/she shall promptly report it to the Minister of Environment. |
| (4) |
If it is necessary for the management of environment by affected zone provided in Article 39, the Minister of Environment may request the relevant Mayor/Do Governor to modify his/her City/Do environmental plan. |
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| Article 19 (Development, etc. of Si/Gun/Gu Environmental Preservation Plans) |
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| (1) |
The head of a Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) shall develop and implement an environmental preservation plan for the relevant Si/Gun/Gu (hereinafter referred to as “Si/Gun/Gu environmental plan”) according to the relevant comprehensive national environmental plan, mid-term plan, and City/Do environmental plan, taking into consideration the regional characteristics of his/her jurisdictional area. |
| (2) |
If the head of a Si/Gun/Gu intends to develop or modify a Si/Gun/Gu environmental plan of his/her own under paragraph (1), he/she shall finalize the plan after consulting with the head of the relevant local environmental agency thereabout through the competent Mayor/Do Governor and report the fact to the Minister of Environment: Provided, That when he/she intends to modify any minor matters prescribed by Presidential Decree, consultation with the head of the relevant local environmental agency may be omitted. |
| (3) |
If it is necessary for the management of environment by affected zone under Article 39, the head of a local environmental agency or a Mayor/Do Governor may request the head of the relevant Si/Gun/Gu to modify his/her Si/Gun/Gu environmental plan. |
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| Article 20 (Making Public Comprehensive National Environmental Plan, etc.) |
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The Minister of Environment, a Mayor/Do
Governor and the head of a Si
/Gun
/Gu
shall each make public through his/her agency’s Internet home page, etc. a comprehensive national environmental plan developed or modified under Article 14, a mid-term plan developed or modified under Article 17, a City/Do
environmental plan developed or modified under Article 18, and a Si
/Gun
/Gu
environmental plan developed or modified under Article 19.
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| Article 21 (Environmental Consideration for Development Plans and Projects, etc.) |
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| (1) |
Where the State or the head of a local government develops a plan for the utilization or development of land, it or he/she shall take into consideration the relevant comprehensive national environmental plan, City/Do environmental plan and Si/Gun/Gu environmental plan (hereinafter referred to as “comprehensive national environmental plan, etc.”) and the environmental capacity of the relevant area. |
| (2) |
Where the head of a relevant central administrative agency, a Mayor/Do Governor or the head of a Si/Gun/Gu grants permission, etc. for any project involving the utilization or development of land, he/she shall take into consideration the relevant comprehensive national environmental plan, etc. |
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| Article 22 (Survey, Evaluation, etc. of Environmental Conditions) |
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| (1) |
The State and local governments shall always survey and evaluate the following: |
| 1. |
Current state of natural environment and living environment; |
| 2. |
Actual state of environmental pollution and environmental damage; |
| 3. |
Sources of environmental pollution and the main causes of environmental damage; |
| 4. |
Changes in the quality of the environment; |
| 5. |
Other matters needed to develop and implement a comprehensive national environmental plan, etc. |
| (2) |
The State and local governments shall maintain a system by which research, monitoring, measurement, testing and analysis are conducted to carry out properly the survey and evaluation referred to in paragraph (1). |
| (3) |
Matters necessary for the survey and evaluation referred to in paragraph (1) and the system of conducting research, monitoring, measurement, testing and analysis referred to in paragraph (2) shall be prescribed by Presidential Decree. |
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| Article 23 (Development and Dissemination of Environment-Friendly Planning Techniques, etc.) |
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| (1) |
The Government may develop and disseminate environment-friendly planning techniques and standards for the utilization and development of land (hereinafter referred to as “environment-friendly planning techniques, etc.”) to ensure that administrative plans and development projects affecting the environment are designed, developed and implemented in an environmentally sound and sustainable manner. |
| (2) |
The Minister of Environment may develop and disseminate an environmental assessment map that indicates the current environmental state by grade after assessing the environmental value of the national land with the aim of efficiently preserving the environment of the national land and making use of the national land in an environment-friendly manner. |
| (3) |
The methods of developing environment-friendly planning techniques, etc. and environmental assessment maps, the details thereof, and other necessary matters shall be prescribed by Presidential Decree. |
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| Article 24 (Propagation of Environmental Information, etc.) |
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| (1) |
The Minister of Environment shall endeavor to propagate knowledge and information on environmental preservation to all citizens and to make information on the environment easily accessible to citizens. |
| (2) |
The Minister of Environment may set up and operate an environmental information network to produce and propagate smoothly the knowledge and information on environmental preservation referred to in paragraph (1). |
| (3) |
The Minister of Environment may request the head of a relevant administrative agency to submit materials necessary to set up and operate an environmental information network. In such cases, the head of the relevant administrative agency shall comply with the request unless there is a special reason to the contrary. |
| (4) |
If it is necessary to efficiently set up and operate an environmental information network under paragraph (2), the Minister of Environment may commission a specialized institution to survey the current state of the environment or entrust a specialized institution with the setup and operation of an environmental information network. |
| (5) |
The setup and operation of an environmental information network under paragraph (2), the commission of the survey on the current state of the environment and the entrustment of the setup and operation of an environmental information network under paragraph (4), and other necessary matters shall be prescribed by Presidential Decree. |
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| Article 25 (Education, etc. on Environmental Preservation) |
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The State and local governments shall develop and execute policies necessary to deepen citizens’ understanding of environmental preservation through education, publicity, etc. on environmental preservation and to inspire citizens to voluntarily participate in environmental preservation and implement it in their daily lives.
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| Article 26 (Acceleration of Environmental Preservation Activities by Private Environmental Organizations, etc.) |
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| (1) |
The State and local governments shall devise necessary policies, such as the provision of information, to accelerate voluntary environmental preservation activities carried out by private environmental organizations, etc. |
| (2) |
Where a private environmental organization, etc. carries out activities designed to preserve the environment such as the purchase and control of any area the scenery and ecosystem of which are highly valued, the State and the relevant local government may provide such private environmental organization, etc. with necessary administrative assistance. |
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| Article 27 (International Cooperation and Preservation of Global Environment) |
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The State and local governments shall interchange environmental information and technology and foster specialized human resources through international cooperation and shall actively participate in the international efforts, such as making mutual cooperation concerning the monitoring, observation and protection of the global environment, to preserve the global environment from any climatic changes, destruction of ozone layer, marine pollution, desertification, decrease of biological resources, etc.
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| Article 28 (Promotion of Environmental Science and Technology) |
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The State and local governments shall devise policies necessary for promoting environmental science and technology, such as experiments, research, studies, technical development, and fostering of specialized human resources for environmental preservation.
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| Article 29 (Installation and Management of Environmental Preservation Facilities) |
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The State and local governments shall take measures necessary for installing and managing public facilities for environmental preservation, such as the green zones to reduce environmental pollution, the facilities for treating waste water, sewage and wastes, the facilities for preventing noise, vibration and malodor, the facilities for protecting and restoring wild animals and plants and ecosystems, and the facilities for purifying polluted soil and groundwater.
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| Article 30 (Regulation for Environmental Preservation, etc.) |
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| (1) |
The Government shall keep necessary regulation, for the purpose of environmental preservation, over the discharge of substances causing the pollution of air, water, soil or sea, the generation of noise, vibration or malodor, the treatment of wastes, the encroachment of sunshine, and damage to the natural environment. |
| (2) |
With respect to a place of business that holds in two or more fields of operations facilities which discharge substances causing environmental pollution, the Minister of Environment or the head of the relevant local government may coordinate the visitation and inspections of those facilities in conducting them pursuant to related Acts and subordinate statutes. |
| (3) |
If the Minister of Environment or the head of a local government has made an administrative disposition against a business operator for a violation of any Act or subordinate statute governing environmental preservation, he/she may disclose such fact: Provided, That this shall not apply where it is deemed that the disclosure of such fact is likely to infringe remarkably on the business operator’s legitimate interests because it contains the business operator’s trade secrets. |
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| Article 31 (Prior Notification of Permissible Emission Levels) |
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If the State sets or alters any permissible emission levels with respect to environmental pollution in accordance with the relevant Acts and subordinate statutes, it shall notify such levels in advance through its agency’s Internet home page, etc.
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| Article 32 (Economic Inducing Means) |
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The Government shall devise an economic inducing means necessary for promoting the efficient utilization of resources and for inducing those who have given rise to environmental pollution to voluntarily reduce the discharge of pollutants.
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| Article 33 (Control of Toxic Chemicals) |
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The Government shall devise policies to properly control toxic chemicals in order to prevent chemicals from causing any environmental pollution and damage to health.
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| Article 34 (Prevention, etc. of Environmental Pollution by Radioactive Substances) |
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| (1) |
The Government shall take appropriate measures for environmental pollution by radioactive substances, the prevention of such pollution, etc. |
| (2) |
The measures under paragraph (1) shall be governed by the Nuclear Safety Act and other relevant Acts. |
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| Article 35 (Evaluation, etc. of Harmful Impacts of Science and Technology) |
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Where it is deemed necessary to prevent any harmful impact arising from the development of science and technology on ecosystem and human health, the Government shall take appropriate measures to analyze such harmful impact and evaluate its danger.
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| Article 36 (Countermeasures against Environment-Caused Diseases) |
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The State and local governments shall find out how environmental pollution causes damage to citizens’ health and work out countermeasures to address diseases caused by environmental pollution.
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| Article 37 (Promotion of Environment-Friendliness in State Policies, etc.) |
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| (1) |
The State and local governments shall formulate policies necessary to build an environment-friendly traffic system to minimize environmental pollution or environmental damage in the traffic sector. |
| (2) |
The State and local governments shall formulate policies necessary to use energy rationally and efficiently and to develop and propagate environment-friendly energy so as to minimize environmental pollution or environmental damage arising from energy use. |
| (3) |
The State and local governments shall formulate policies necessary to develop environment-friendly agriculture, forestry and fisheries to minimize environmental pollution or environmental damage arising from the agricultural, forestry and fishery sectors. |
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| Article 38 (Establishment of Special Comprehensive Measures) |
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| (1) |
The Minister of Environment may designate and publish any area where any environmental pollution, environmental damage or change in the natural ecosystem is remarkable or likely to become remarkable and any area where the environmental standards are often exceeded, as the special measures area for environmental preservation in consultation with the head of the relevant central administrative agency and the competent Mayor/Do Governor, and devise special comprehensive measures for environmental preservation in the relevant area to have the competent Mayor/Do Governor implement them. |
| (2) |
The Minister of Environment may restrict the utilization of land and the installation of facilities in a special measures area, as prescribed by Presidential Decree, if it is particularly required for environmental improvement in the special measures area under paragraph (1). |
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| Article 39 (Management of Environment by Affected Zone) |
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| (1) |
In order to grasp the situation of environmental pollution and to devise preventive measures thereagainst, the Minister of Environment shall manage the air pollution by affected zone, the water pollution by water-system zone, and the pollution of the ecosystem by affected zone. |
| (2) |
The head of every local government may manage the environment by the affected zone according to circumstances of his/her jurisdictional area to effectively manage the air pollution, water pollution, or ecosystem of his/her jurisdictional area. |
SECTION 3 Preservation of Natural Environment and Assessment of Environmental Impacts
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| Article 40 (Preservation of Natural Environment) |
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The State and citizens shall endeavor to maintain and preserve the order and balance of nature, in view of the fact that the preservation of the natural environment is fundamental for human survival and living.
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| Article 41 (Assessment of Environmental Impacts) |
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| (1) |
The State shall conduct strategic environmental impact assessment, environmental impact assessment, and small-scale environmental impact assessment in order to enable any plan and development project that have impacts on the environment to be developed and implemented in an environmentally sustainable manner with the eventual aim of maintaining the appropriateness of the environmental standards and preserving the natural environment. |
| (2) |
Matters regarding the targets, procedures, methods, etc. for the strategic environmental impact assessment, environmental impact assessment and small-scale environmental impact assessment under paragraph (1) shall be prescribed separately by Act. |
SECTION 4 Mediation of Disputes and Relief of Damage
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| Article 42 (Mediation of Disputes) |
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In preparation for any disputes caused by environmental pollution or environmental damage or other environment-related disputes, the State and local governments shall devise policies necessary to settle such disputes in a rapid and fair manner.
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| Article 43 (Relief of Damage) |
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The State and local governments shall devise policies necessary to smoothly relieve any sufferings caused by environmental pollution or environmental damage.
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| Article 44 (Absolute Liability for Sufferings by Environmental Pollution) |
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| (1) |
If any suffering is caused by environmental pollution or environmental damage, the person who has caused the environmental pollution or environmental damage shall compensate for the suffering. |
| (2) |
If the persons who have caused environmental pollution or environmental damage are two or more, each of them shall compensate for the suffering under paragraph (1) jointly and severally where it is impossible to find out which person has caused the suffering. |
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| Article 45 (Establishment, etc. of Special Account for Environmental Improvement) |
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| (1) |
The Government shall establish a special account for environmental improvement (hereinafter referred to as the “account”) in order to increase investments in environmental improvement projects and to efficiently manage and operate such projects. |
| (2) |
The account shall be managed and operated by the Minister of Environment. |
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| Article 46 (Revenue of Account) |
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The account shall consist of the following revenue: <Amended by Act No. 10977, Jul. 28, 2011; Act No. 11256, Feb. 1, 2012>
| 2. |
Charges for excess of the total load, additional charges, and penalty surcharges under Articles 8-5 and 8-6 of the Act on the Improvement of Water Quality and Support for Residents of the Riverhead of the Han River System, charges for excess of the total load, additional charges, and penalty surcharges under Articles 13 and 14 of the Act on Water Management and Resident Support in the Nakdong River Basin, charges for excess of the total load, additional charges, and penalty surcharges under Articles 13 and 14 of the Act on Water Management and Resident Support in the Geum River Basin, and charges for excess of the total load, additional charges, and penalty surcharges under Articles 13 and 14 of the Act on Water Management and Resident Support in the Yeongsan and Seomjin River Basins; |
| 17. |
Principal and interest on loans under Article 47 (1) 14; |
| 18. |
Money transferred from the general account under Article 48; |
| 20. |
Surplus of the account at closing under Article 51; |
| 21. |
Money transferred or deposited from other special accounts or funds; |
| 22. |
Proceeds transferred to the account under other Acts; |
| 23. |
Proceeds from the sale or management of property belonging to the account; |
| 24. |
Other proceeds accruing from the management and operation of environmental improvement projects. |
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| Article 47 (Expenditures from Account) |
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| (1) |
Expenditures from the account shall be as follows: Provided, That financial resources consisting of the charges for water quality improvement and additional dues under subparagraph 4 of Article 46 shall be used only for the purpose of subparagraph 3; financial resources consisting of the charges for the terminal treatment facilities and additional charges under subparagraph 7 of the same Article, only for the purpose of subparagraph 4; financial resources consisting of the cooperation charges on the conservation of ecosystem and additional dues under subparagraph 9 of the same Article, only for the purpose of subparagraph 6; financial resources consisting of the waste charges, recycling dues and additional charges under subparagraph 10 of the same Article, only for the purpose of subparagraph 7; financial resources consisting of the recycling charges and additional charges under subparagraph 11 of the same Article, only for the purpose of subparagraph 8; financial resources consisting of the guarantee for the performance of follow-up management and advance reserves under subparagraph 12 of the same Article, only for the purpose of subparagraph 9; and financial resources consisting of the environmental improvement charges and additional dues under subparagraph 14 of the same Article, only for the purpose of subparagraph 12, respectively: <Amended by Act No. 10977, Jul. 28, 2011> |
| 1. |
National environmental improvement projects; |
| 2. |
Support for the environmental improvement projects of local governments; |
| 11. |
Contributions to reimburse the project expenses and operational expenses incurred by the Korea Environment Corporation under the Korea Environment Corporation Act (hereinafter referred to as the “Korea Environment Corporation”); |
| 14. |
Redemption of the principal and interest on loans, borrowings and deposits under subparagraphs 1, 19 and 21 of Article 46; |
| 15. |
Provision of loans needed by local governments for the installation of environmental infrastructure or needed in the private sector for the installation of environmental pollution prevention facilities or for the installation of and technology development for low-polluting product manufacturing facilities; |
| 16. |
Support for the private sector regarding environmental policy research, technology development, publicity activities, investigations and research, and environment research institutes; |
| 17. |
Reimbursement of expenses for collection of the account revenue; |
| 18. |
Other expenses involved in managing the account. |
| (2) |
Matters regarding the eligible persons, conditions and procedures for loans provided pursuant to paragraph (1) 7, 12 and 15 shall be determined and published by the Minister of Environment. In such cases, the interest rates and terms for loans shall be determined by the Minister of Environment in consultation with the Minister of Strategy and Finance. |
| (3) |
The conduct of business concerning loans under paragraph (1) 7, 12 and 15 may be entrusted to the Korea Environment Corporation. |
law view
| Article 48 (Transfer from General Account) |
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Transfers may be made from the general account to the account, as provided in the budget, so that the account can secure financial resources available for its expenditure.
law view
| Article 49 (Borrowings) |
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| (1) |
If the account is in need of financial resources available for its expenditure, long-term borrowings may be made for the account within the limits of the amount of money determined by a resolution of the National Assembly. |
| (2) |
If the account is temporarily in need of its working funds, temporary borrowings may be made for the account. |
| (3) |
The principal and interest on temporary borrowings under paragraph (2) shall be redeemed within the relevant fiscal year. |
law view
| Article 50 (Carrying Forward of Expenditure Budget) |
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The expenditure budget of the account not spent during the fiscal year for which such budget is earmarked may be carried forward to the next fiscal year, notwithstanding Article 48 of the National Finance Act.
law view
| Article 51 (Disposal of Surplus) |
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Any surplus of the account at closing shall be included in the next year’s revenue.
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| Article 52 (Reserve Funds) |
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The account may include a considerable sum of money in its expenditure budget as a reserve fund to cover any unexpected expenditures not included in the appropriated budget or any expenditures exceeding the appropriated budget.
law view
| Article 53 (Direct Use of Excess Revenues) |
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| (1) |
If there are any emission dues, discharge imposition amounts, dues for release in excess of the total volume and additional charges under subparagraphs 3 and 6 of Article 46, any charges for water quality improvement and additional dues under subparagraph 4 of the same Article, any charges for the terminal treatment facilities and additional charges under subparagraph 7 of the same Article, and any environmental improvement charges and additional dues under subparagraph 14 of the same Article that exceed or are expected to exceed the revenue budget of the account (hereinafter referred to as “excess revenues”), the Minister of Environment may directly use such excess revenues to reimburse expenses for collection of the emission dues and discharge imposition amounts exceeding the expenditure budget of the account, charges for water quality improvement and additional dues under Article 31 (7) of the Drinking Water Management Act, expenses for collection of charges for water quality improvement, expenses for the installation of wastewater terminal treatment facilities, and expenses for collection of environmental improvement charges, respectively. |
| (2) |
If the Minister of Environment intends to use any excess revenues under paragraph (1), he/she shall obtain approval in advance from the Minister of Strategy and Finance. |
| (3) |
If the Minister of Environment intends to obtain approval under paragraph (2), he/she shall prepare a specification stating the reasons therefor and necessary amounts of money and submit it to the Minister of Strategy and Finance. |
| (4) |
If the Minister of Strategy and Finance approves the use of excess revenues under paragraph (2), he/she shall notify the Minister of Environment and the Board of Audit and Inspection of such fact. |
CHAPTER III LEGISLATIVE AND FINANCIAL MEASURES
law view
| Article 54 (Legislative Measures, etc.) |
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The State and local governments shall take legislative and financial measures and other administrative measures necessary for implementing the policies for environmental preservation.
law view
| Article 55 (Financial Support, etc. to Local Governments) |
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| (1) |
The State may reimburse from the national treasury all or some of the expenses required for environmental preservation projects of local governments. |
| (2) |
In order to enhance the capability of local governments to manage the environment and to activate environment-friendly local administration, the Minister of Environment may designate a local government for a model environmental management and take measures necessary for supporting it. |
law view
| Article 56 (Support for Business Operators’ Environmental Management) |
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| (1) |
The State and local governments may take any taxational measures and grant other financial supports necessary for supporting the installation and operation of facilities for the environmental preservation conducted by business operators. |
| (2) |
The State and local governments may grant administrative and financial supports necessary for the fixation and expansion of systems for voluntary environmental management under which business operators endeavor toward the voluntary management of the environment. |
law view
| Article 57 (Financial Support for Research, Studies and Technical Development) |
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The State and local governments may grant financial supports necessary for scientific research, studies and technical development related to environmental preservation.
CHAPTER IV ENVIRONMENTAL POLICY COMMITTEE
law view
| Article 58 (Environmental Policy Committee) |
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| (1) |
The Minister of Environment may set up a Central Environmental Policy Committee that shall deliberate and advise on the following matters: |
| 1. |
Matters concerning the development and modification of any comprehensive national environmental plan under Article 14 and any mid-term plan under Article 17; |
| 2. |
Matters concerning environmental standards, permissible emission levels for pollutants, water quality standards for discharged water, etc.; |
| 3. |
Matters concerning the designation of a special measures area and the establishment of special comprehensive measures under Article 38; |
| 9. |
Matters concerning the establishment and modification of any master plans and measures for environmental preservation by specific areas including environmental policy, natural environment, climate and air, water, water supply and sewerage, natural circulation and global environment, and other matters on which the chairperson of the Central Environmental Policy Committee or of any subcommittee thereof asks the Central Environmental Policy Committee to deliberate or advise. |
| (2) |
In order to deliberate and advise on any regional environmental policy, a City/Do environmental policy committee shall be set up under the jurisdiction of a Mayor/Do Governor, and a Si/Gun/Gu environmental policy committee may be set up under the jurisdiction of the head of a Si/Gun/Gu. |
| (3) |
The Central Environmental Policy Committee under paragraph (1) shall consist of not more than 200 members, including the chairperson thereof and not more than ten chairpersons of subcommittees. |
| (4) |
The Central Environmental Policy Committee under paragraph (3) shall be co-chaired by the Minister of Environment and a person elected from among such Committee members who are commissioned by the Minister of Environment from the private sector, and the chairpersons of subcommittees shall be persons who are nominated by the Minister of Environment by specific areas of environmental management including environmental policy, natural environment, climate and air, water, water supply and sewerage, and resource circulation. |
| (5) |
Matters necessary for the constitution and operation of the Central Environmental Policy Committee under paragraph (1) shall be prescribed by Presidential Decree, and other matters necessary for the constitution, operation, etc. of City/Do environmental policy committees and Si/Gun/Gu environmental policy committees under paragraph (2) shall be prescribed by ordinances of the relevant Cities/Dos and Sis/Guns/Gus. |
law view
| Article 59 (Environmental Preservation Association) |
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| (1) |
For the purposes of any research, studies, technical development, education, publicity, ecosystem restoration, etc. regarding environmental preservation, an Environmental Preservation Association (hereinafter referred to as the “Association”) shall be established. |
| (2) |
The Association shall be a legal entity. |
| (3) |
Persons who are eligible for membership in the Association shall be those who have obtained permission for the installation of facilities discharging environmental pollutants and those who are prescribed by Presidential Decree. |
| (4) |
The expenses needed for activities of the Association shall be covered by membership fees, revenues from activities, etc., and the State and local governments may reimburse some of the expenses within the limits of the budget. |
| (5) |
The Association may, upon entrustment by the State, local governments, etc., carry out any activities under paragraph (1) and other activities specified in its articles of incorporation and approved by the Minister of Environment. |
| (6) |
If deemed that operations of the Association are in conflict with any Act or subordinate statute or its articles of incorporation, the Minister of Environment may direct the Association to alter its articles of incorporation or business plan, or to replace its officers. |
| (7) |
The provisions of the Civil Act concerning incorporated associations shall apply mutatis mutandis to any matters concerning the Association that are not provided by this Act. |
CHAPTER V SUPPLEMENTARY PROVISIONS
law view
| Article 60 (Delegation and Entrustment of Authority) |
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| (1) |
The authority of the Minister of Environment provided in this Act may be delegated in part to Mayors/Do Governors or to the heads of regional environmental agencies, as prescribed by Presidential Decree. |
| (2) |
The Minister of Environment may entrust the heads of relevant specialized institutions with some of his/her services provided in this Act, as prescribed by Presidential Decree. |
law view
| Article 61 (Legal Fiction as Public Officials in Application of Penalties) |
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ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Repealed Act)
Article 3 (General Transitional Measures)
Any designation, publication or other act done by or any act done in relation to an administrative agency under the previous provisions at the time this Act enters into force shall be deemed any designation, publication or other act done by or any act done in relation to an administrative agency under this Act.
Article 4 (Transitional Measures concerning Special Accounts for Environmental Improvement)
Article 4-2 (Transitional Measures concerning Transfer from General Account to Special Account for Environmental Improvement)
Notwithstanding the amended provisions of Article 48, the traffic, energy and environment tax shall be transferred in accordance with the following until December 31, 2012: <Newly Inserted by Act No. 11268, Feb. 1, 2012>
| 1. |
The Government shall transfer an amount corresponding to 150/1000 of the traffic, energy and environment tax under the Traffic, Energy and Environment Tax Act (hereafter referred to as “amount transferred from the traffic, energy and environment tax” in this Article) every fiscal year from the general account to the special account for environmental improvement; |
| 2. |
Any transfer may be made from the general account to the special account for environmental improvement, as provided in the budget excluding the amounts transferred from the traffic, energy and environment tax, so that the special account can secure financial resources available for its expenditure; |
| 3. |
If there is any difference between the estimated amount and amount at closing with regard to amounts transferred from the traffic, energy and environment tax, such difference shall be adjusted by appropriating it in the budget for the next settlement year. |
Article 5 Omitted.
Article 6 (Relationship with Other Acts and Subordinate Statutes)
ADDENDA <Act No. 10911, Jul. 25, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 and 3 Omitted.
Article 4 Omitted.
Article 5 Omitted.
ADDENDA <Act No. 10977, Jul. 28, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 9 Omitted.
Article 10 Omitted.
Article 11 Omitted.
ADDENDA <Act No. 11256, Feb. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
Article 6 Omitted.
ADDENDUM <Act No. 11268, Feb. 1, 2012>
This Act shall enter into force on July 22, 2012.
