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ENVIRONMENT DISPUTE MEDIATION ACT

Wholly Amended by Act No. 5393, Aug. 28, 1997

Amended by Act No. 6831, Dec. 26, 2002

Act No. 7428, Mar. 31, 2005

Act No. 7796, Dec. 29, 2005

Act No. 7919, Mar. 24, 2006

Act No. 8955, Mar. 21, 2008

Act No. 10615, Apr. 28, 2011

Act No. 11267, Feb. 1, 2012

Act No. 13602, Dec. 22, 2015

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to conserve the environment and to relieve damage to the health and property of citizens by providing for the procedure, etc. of good offices, mediation and adjudication regarding environmental disputes for the rapid, fair and efficient settlement of the environmental disputes.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 1 (Purpose)
The purpose of this Act is to conserve the environment and to relieve damage to the health and property of citizens by providing for the procedure, etc. of good offices, mediation, adjudication, and arbitration regarding environmental disputes for the rapid, fair and efficient settlement of the environmental disputes. <Amended by Act. No. 13602, Dec. 22, 2015>
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012] <<Enforcement Date: Dec. 23, 2016>>
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows:
1. The term "environmental damage" means damage to health, property, and mentality caused by air pollution, water pollution, soil pollution, maritime pollution, noise/vibration, offensive odor, destruction of natural ecosystems, obstruction of sunshine, obstruction of air circulation, and impediment of view, which occur or are expected to occur as a result of business activities or other human activities, or by light pollution caused by artificial lighting, or by other causes prescribed by Presidential Decree: Provided, That damage caused by radioactive contamination shall be excluded;
2. The term "environmental dispute" means strife concerning environmental damage, and strife concerning the installation or management of environmental facilities defined in subparagraph 2 of Article 2 of the Environmental Technology and Industry Support Act;
3. The term "adjustment" means good offices, mediation and adjudication regarding environmental disputes;
4. The term "dispute involving numerous persons" means an environmental dispute in which there are numerous persons who assert environmental damage caused by the same cause.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows: <Amended by Act No. 13602, Dec. 22, 2015>
1. The term "environmental damage" means damage to health, property, and mentality caused by air pollution, water pollution, soil pollution, maritime pollution, noise/vibration, offensive odor, destruction of natural ecosystems, obstruction of sunshine, obstruction of air circulation, and impediment of view, light pollution caused by artificial lighting, or changes in water level or moving route of groundwater, which occur or are expected to occur as a result of business activities or other human activities, or by other causes prescribed by Presidential Decree: Provided, That damage caused by radioactive contamination shall be excluded;
2. The term "environmental dispute" means strife concerning environmental damage, and strife concerning the installation or management of environmental facilities defined in subparagraph 2 of Article 2 of the Environmental Technology and Industry Support Act;
3. The term "adjustment" means good offices, mediation, adjudication, and arbitration regarding environmental disputes;
4. The term "dispute involving numerous persons" means an environmental dispute in which there are numerous persons who assert environmental damage caused by the same cause.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012] <<Enforcement Date: Dec. 23, 2016>>
 Article 3 (Principle of Good Faith)
Each environmental dispute resolution commission referred to in Article 4 shall endeavor for the rapid, fair and economical proceeding of adjustment procedure, and the disputing parties who take part in the adjustment procedure shall faithfully participate in the procedure with mutual trust and understanding.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
CHAPTER II ENVIRONMENTAL DISPUTE ADJUSTMENT COMMITTEE
 Article 4 (Establishment of Environmental Dispute Resolution Commission)
In order to administer the affairs referred to in Article 5, National Environmental Dispute Resolution Commission (hereinafter referred to as the "national resolution commission") shall be established under the Ministry of Environment, and a regional environment dispute resolution commission (hereinafter referred to as "regional resolution commission") shall be established in each Special City, Metropolitan City, Do, or Special Self-Governing Province (hereinafter referred to as "City/Do").
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 5 (Affairs under Jurisdiction of Environmental Dispute Resolution Commission)
The national resolution commission and a regional resolution commission (hereinafter referred to as the "commission") shall have jurisdiction over the following affairs:
1. Adjustment of environmental disputes (hereinafter referred to as "dispute"): Provided, That with respect to the adjustment of disputes related to the obstruction of sunshine and impediment of view due to construction defined in Article 2 (1) 8 of the Building Act, the same shall apply only to cases where such disputes are combined with other disputes caused by such construction;
2. Survey, analysis, and counselling on civil petitions concerning environmental damage;
3. Studies and suggestion of systems and policies for the prevention and settlement of disputes;
4. Education and public relations for the prevention and relief of environmental damage;
5. Other matters prescribed by statutes to be under the jurisdiction of the committee.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 5 (Affairs under Jurisdiction of Environmental Dispute Resolution Commission)
The national resolution commission and a regional resolution commission (hereinafter referred to as the "commission") shall have jurisdiction over the following affairs: <Amended by Act No. 13602, Dec. 22, 2015>
1. Adjustment of environmental disputes (hereinafter referred to as "dispute"): Provided, That with respect to the adjustment of disputes falling under any of the following items, the same shall apply only to cases referred to in the items corresponding thereto:
(a) Disputes related to obstruction of sunlight and impediment of view due to construction defined in Article 2 (1) 8 of the Building Act: Where they are combined with other disputes caused by the construction concerned;
(b) Disputes related to changes in water level or moving route of groundwater: Where they are due to construction works or operations (excluding construction works or operations for development and use of groundwater under the Groundwater Act);
2. Survey, analysis, and counselling on civil petitions concerning environmental damage;
3. Studies and suggestion of systems and policies for the prevention and settlement of disputes;
4. Education, public relations, and support for the prevention and relief of environmental damage;
5. Other matters prescribed by statutes to be under the jurisdiction of the committee.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012] <<Enforcement Date: Dec. 23, 2016>>
 Article 6 (Jurisdiction)
(1) The national resolution commission shall have jurisdiction over the following matters among affairs concerning the adjustment of disputes:
1. Adjudication on disputes;
2. Adjustment of disputes in which the State or a local government is a party;
3. Adjustment of disputes spanning areas under the jurisdiction of not less than two Cities/Dos;
4. Ex officio adjustment referred to in Article 30;
5. Adjustment of other disputes prescribed by Presidential Decree.
(2) Each regional resolution commission shall have jurisdiction over affairs other than the affairs referred to in paragraph (1) 2 through 5 among affairs for the adjustment of disputes which arise in the areas of the relevant City/Do: Provided, That in cases of paragraph (1) 1, it shall apply only to adjudication on disputes prescribed by Presidential Decree, excluding disputes over the obstruction of sunshine, obstruction of air circulation and obstruction of view.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 6 (Jurisdiction)
(1) The national resolution commission shall have jurisdiction over the following matters among affairs concerning the adjustment of disputes: <Amended by Act No. 13602, Dec. 22, 2015>
1. Adjudication and arbitration of disputes;
2. Adjustment of disputes in which the State or a local government is a party;
3. Adjustment of disputes spanning areas under the jurisdiction of not less than two Cities/Dos;
4. Ex officio adjustment referred to in Article 30;
5. Adjustment of other disputes prescribed by Presidential Decree.
(2) Each regional resolution commission shall have jurisdiction over affairs other than the affairs referred to in paragraph (1) 2 through 5 among affairs for the adjustment of disputes which arise in the areas of the relevant City/Do: Provided, That in cases of paragraph (1) 1, it shall apply only to adjudication and arbitration on disputes prescribed by Presidential Decree, excluding disputes over the obstruction of sunshine, obstruction of air circulation and obstruction of view. <Amended by Act No. 13602, Dec. 22, 2015>
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012] <<Enforcement Date: Dec. 23, 2016>>
 Article 7 (Composition, etc. of Committee)
(1) The national resolution commission shall be comprised of not more than 30 members, including one chairperson, in which not more than three standing members are included.
(2) Each regional resolution commission shall be comprised of not more than 20 members, including one chairperson, in which one standing member is included.
(3) The term of office of members shall be two years, and they may be re-appointed consecutively.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 7 (Composition, etc. of Committee)
(1) The national resolution commission shall be comprised of not more than 30 members, including one chairperson, in which not more than three standing members are included. <Amended by Act No. 13602, Dec. 22, 2015>
(2) Each regional resolution commission shall be comprised of not more than 20 members, including one chairperson, in which one standing member is included. <Amended by Act No. 13602, Dec. 22, 2015>
(3) The term of office of members shall be two years, and they may be re-appointed consecutively.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012] <<Enforcement Date: Dec. 23, 2016>>
 Article 8 (Appointment of Members of Committee)
(1) The President shall appoint or commission members of the national resolution commission, including the chairperson, upon the recommendation of the Minister of Environment, from among persons with extensive knowledge and experience in the environment who fall under any of the following. In such cases, at least three persons falling under subparagraph 2 shall be included therein:
1. A person who has been in office for at least three years as a public official equivalent to Grades I through III public officials or as a public official belonging to the Senior Civil Service Corps;
2. A person who has held office as a judge, prosecutor, or lawyer for at least six years;
3. A person who has held the position of associate professor or higher or a position equivalent thereto in an officially recognized university or research institution;
4. A person who has been engaged in environment-related services for at least ten years.
(2) The chairperson of the national resolution commission shall be appointed as a public official in general service belonging to the Senior Civil Service Corps and in a fixed term position under Article 26-5 of the State Public Officials Act. <Amended by Act No. 13602, Dec. 22, 2015>
(3) Each Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or the Governor of Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") shall appoint or commission members of a regional resolution commission from among persons falling under any of the subparagraphs of paragraph (1). In such cases, at least two persons falling under paragraph (1) 2 shall be included therein.
(4) Each Mayor/Do Governor shall appoint the chairperson of a regional resolution commission from among vice mayors or vice governors.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 9 (Grounds for Disqualification)
No person who falls under any of the following shall become a member of the commission:
1. An incompetent, a quasi-incompetent, or a person declared bankrupt and not yet reinstated;
2. A person who has been sentenced to imprisonment without labor or heavier punishment and for whom two years have not elapsed since the execution of such punishment was completed (including cases where it is deemed that the execution is completed) or he/she was exempted from such sentence;
3. A person under the suspension of execution of imprisonment without labor or heavier punishment;
4. A person whose qualification is suspended by court decision or by Acts.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 9 (Grounds for Disqualification)
No person who falls under any of the following shall become a member of the commission: <Amended by Act No. 13602, Dec. 22, 2015>
1. A person under adult guardianship, a person under limited guardianship, or a person declared bankrupt and not yet reinstated;
2. A person who has been sentenced to imprisonment without labor or heavier punishment and for whom two years have not elapsed since the execution of such punishment was completed (including cases where it is deemed that the execution is completed) or he/she was not exempted from such sentence;
3. A person under the suspension of execution of imprisonment without labor or heavier punishment;
4. A person whose qualification is suspended by court decision or by Acts.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012] <<Enforcement Date: Dec. 23, 2016>>
 Article 10 (Guarantee of Status)
(1) Members of the commission shall perform duties independently.
(2) No member of the commission shall be dismissed nor decommissioned from office against his/her will unless it is recognized to be substantially inappropriate for him/her to perform duties due to his/her falling under any of the subparagraphs of Article 9 or having physical or mental weakness for a long time.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 11 (Duties of Chairperson, etc.)
(1) The chairperson of the commission shall represent the commission and administer the overall affairs thereof.
(2) When the chairperson of the commission is unable to perform his/her duties due to any unavoidable cause, the member the chairperson of the commission designates in advance among the members of the relevant commission shall perform the duties on behalf of the chairperson.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 12 (Exclusion, etc. of Members)
(1) Any member of the commission who falls under any of the following shall be excluded from the execution of relevant duties:
1. When a member or a person who is or was his/her spouse becomes a party to the relevant dispute case (hereinafter referred to as "case"), or has the relationship of joint creditor or joint debtor with a party concerned in connection with the case;
2. When a member is or was a relative of a party to the relevant case;
3. When a member has made a statement or appraisal in connection with the relevant case;
4. When a member is or was involved in the relevant case as an agent of a party;
5. When a member has taken part in a disposition or omission which is the cause of the relevant case.
(2) When a cause of exclusion exists, the commission shall render the decision of exclusion ex officio or at the request of the party.
(3) Where it is impracticable to expect a fair execution of duties from a member, any interested party may apply for challenge to the commission and the commission shall render the decision of challenge when it deems such application is reasonable.
(4) When a member falls under any cause in paragraph (1) or (3), he/she may voluntarily refrain from executing duties for the relevant case.
(5) When the committee receives a request for challenge referred to in paragraph (3), it shall suspend the adjustment procedure until a decision is rendered on such request.
(6) Paragraphs (1) through (5) shall apply mutatis mutandis to personnel involved in adjustment procedure and relevant experts referred to in Article 13 (3) (hereinafter referred to as "relevant expert").
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 13 (Secretariat)
(1) A secretariat may be established in the commission in order to handle the affairs thereof.
(2) The secretariat shall have judges to take partial charge of the following affairs:
1. Fact-finding survey and investigation of causal relation, which are necessary for dispute resolution;
2. Calculation of amount of environmental damage and research and development of standards for the calculation thereof;
3. Other matters designated by the chairperson of the commission.
(3) In order to handle professional matters concerning particular cases, the chairperson of the commission may appoint relevant experts to conduct the affairs in the subparagraphs of paragraph (2).
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 14 (Legal Fiction as Public Officials in Application of Penalty Provisions)
For the purposes of Articles 127, and 129 through 132 of the Criminal Act, members of the commission who are not public officials, and relevant experts shall be deemed public officials.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 15 (Enactment of Regulations)
(1) The national resolution commission may determine procedures for handling affairs under the jurisdiction of the committee and other regulations for the operation of the committee.
(2) The operation of regional resolution commissions and other necessary matters therefor shall be prescribed by municipal ordinances of relevant Cities/Dos.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 15 (Enactment of Regulations, etc.)
(1) The national resolution commission may determine procedures for handling affairs under the jurisdiction thereof, other regulations for the operation thereof, and regulations for composition of a mediation committee, adjudication committee, and arbitration committee including method of appointing each chairperson. <Amended by Act No. 13602, Dec. 22, 2015>
(2) The composition and operation of regional resolution commissions and other necessary matters therefor shall be prescribed by municipal ordinances of relevant Cities/Dos. <Amended by Act No. 13602, Dec. 22, 2015>
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012] <<Enforcement Date: Dec. 23, 2016>>
 Article 15-2 (Notification of Opinions)
The commission may notify the heads of relevant administrative agencies of opinions on improvement measures for environment conservation and prevention of environmental damage, which are collected in the conduct of duties.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
CHAPTER III ADJUSTMENT OF DISPUTES
SECTION 1 Common Provisions
 Article 16 (Requests, etc. for Adjustment)
(1) Any person who desires to request adjustment shall submit a written application for good offices, mediation, or adjudication to the competent committee referred to in Article 6.
(2) The Minister of Environment shall represent the State in adjustment in which the State is a party thereto. In such cases, the Minister of Environment may designate a public official under authority of an administrative office having jurisdiction over the case as an adjuster.
(3) When the committee receives a request for adjustment pursuant to paragraph (1), it shall commence the adjustment procedure without delay.
(4) The committee may listen to the opinions of interested persons or of the competent government office before commencing the adjustment procedure referred to in paragraph (3).
(5) Matters to be indicated in written applications referred to in paragraph (1) shall be prescribed by Presidential Decree.
(6) When the committee receives a request for the adjustment of a dispute from a party thereto, it shall complete the procedure within the period prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 16 (Requests, etc. for Adjustment)
(1) Any person who desires to request adjustment shall submit a written application for good offices, mediation, adjudication, or arbitration to the competent committee referred to in Article 6. <Amended by Act No. 13602, Dec. 22, 2015>
(2) The Minister of Environment shall represent the State in adjustment in which the State is a party thereto. In such cases, the Minister of Environment may designate a public official under authority of an administrative office having jurisdiction over the relevant case as an adjuster.
(3) When the committee receives a request for adjustment pursuant to paragraph (1), it shall commence the adjustment procedure without delay.
(4) The committee may listen to the opinions of interested persons or of the competent government office before commencing the adjustment procedure referred to in paragraph (3).
(5) Matters to be indicated in written applications referred to in paragraph (1) shall be prescribed by Presidential Decree.
(6) When the committee receives a request for the adjustment of a dispute from a party thereto, it shall complete the procedure within the period prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012] <<Enforcement Date: Dec. 23, 2016>>
 Article 16-2 (Advice to Reach Consensus)
(1) When the commission receives a request for adjustment, it may advise the parties to reach consensus on indemnification for damage.
(2) No advice referred to in paragraph (1) shall affect the proceeding of adjustment.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 16-2 (Advice to Reach Consensus)
(1) When the chairperson of the commission receives a request for adjustment, it may advise the parties to reach consensus on indemnification for damage. <Amended by Act No. 13602, Dec. 22, 2015>
(2) No advice referred to in paragraph (1) shall affect the proceeding of adjustment.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012] <<Enforcement Date: Dec. 23, 2016>>
 Article 17 (Rejection, etc. of Requests)
(1) When a request for adjustment is unlawful, the commission may order the correction of defects by fixing a period appropriate therefor.
(2) When a requesting person fails to comply with an order referred to in paragraph (1) or is unable to correct defects, the commission shall reject the request for adjustment by decision.
(3) The commission shall reject by decision requests for adjustment concerning disputes which have undergone or are undergoing the adjustment procedure prescribed by other Acts.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 18 (Cooperation of Relevant Administrative Agencies)
(1) If necessary for the adjustment of disputes, the commission may request the heads of relevant administrative agencies to render necessary cooperation, such as submission of materials or opinions, provision of technical knowledge, and measurement and analysis of environmental pollutants.
(2) If necessary for the removal or prevention of environmental damage at the time of adjusting disputes, the commission may advise the heads of relevant administrative agencies to take necessary administrative measures against persons causing the environmental damage, such as the issuance of an order for improvement, an order for suspension of operation and an order for suspension of construction work.
(3) The head of any relevant administrative agency who receives a request for cooperation or an advice referred to in paragraphs (1) and (2) shall comply therewith unless he/she has any justifiable ground to the contrary.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 19 (Selected Representatives)
(1) Where numerous persons become a party to adjustment jointly, they may select not more than three representatives from among themselves.
(2) If necessary when no representative referred to in paragraph (1) is selected, the commission may advise the parties to select representatives.
(3) Any representative who is selected pursuant to paragraph (1) (hereinafter referred to as "selected representative") may conduct all acts concerning the adjustment of the relevant case for other requesting persons or requested persons: Provided, That with respect to the cancellation of requests and acceptance of adjustment proposals, he/she shall obtain the consent of the other parties in writing.
(4) When representatives are selected, other parties may conduct acts concerning the relevant case only through the selected representatives.
(5) The parties who have selected representatives may, when necessary, dismiss or replace the selected representatives. In such cases, the relevant parties shall notify the commission of such fact without delay.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 20 (Participation)
(1) Where a dispute remains pending in the adjustment procedure, any person who claims environmental damage caused by the same cause may participate in the relevant procedure as a party thereto by obtaining approval from the commission.
(2) Where the commission intends to grant approval referred to in paragraph (1), it shall listen to the opinions of the party.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 21 (Correction of Requested Persons)
(1) When it is clear that a requested person designated by a requesting person is a wrong person, the chairperson of the commission may permit the correction of the requested person by receiving a request from the requesting person.
(2) When the chairperson of the commission grants permission referred to in paragraph (1), he/she shall notify the party and the new requested person of such fact.
(3) When permission referred to in paragraph (1) is granted, it shall be deemed that the request for adjustment regarding the former requested person is cancelled and a request for adjustment regarding the new requested person comes into existence when a request for correction referred to in paragraph (1) is made.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 22 (Agents)
(1) Each relevant party may appoint the following persons as an agent:
1. The spouse, lineal ascendants and descendants or siblings of a party;
2. An executive or employee of the juristic person who is a party;
3. A lawyer;
4. A public official nominated by and under the control of the Minister of Environment or of the heads of local governments.
(2) Any party who desires to designate a person falling under paragraph (1) 1 or 2 as an agent shall obtain permission from the chairperson of the commission.
(3) The authority of each agent shall be expressed in writing.
(4) Special authority shall be delegated to agents to conduct the following acts:
1. Withdrawal of requests;
2. Acceptance of adjustment proposals;
3. Selection of a subagent.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 23 (Disobedience to Interim Decisions)
(1) With regard to interim decisions of the commission which are relevant to the adjustment procedure, any party concerned may raise an objection to the relevant committee within 14 days from the date on which he/she becomes aware of such decisions.
(2) When recognizing that an objection raised pursuant to paragraph (1) has a reasonable ground, the commission shall correct its decision and when recognizing that an objection raised has no ground, it shall reject the objection.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 24 (Delegation of Adjustment Procedure)
The mediation committee referred to in Article 31 (1) or the adjudication committee referred to in Article 36 (1) may delegate part of the procedure for medication or adjudication to its members, respectively.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 24 (Delegation of Adjustment Procedure)
The mediation committee referred to in Article 31 (1), the adjudication committee referred to in Article 36 (1), or the arbitration committee referred to in Article 45-3 (1) may delegate part of the procedure for mediation, adjudication, or arbitration to its members, respectively. <Amended by Act No. 13602, Dec. 22, 2015> <<Enforcement Date: Dec. 23, 2016>>
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 25 (Non-Disclosure of Procedure)
Except as otherwise provided for in this Act, the adjustment procedure of the commission shall not be disclosed to the public.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 26 (Requests for Adjustment of Environmental Organizations)
(1) In the occurrence of damage caused by the grave destruction of natural ecosystems or when such damage is highly likely to occur, any environmental organization which satisfies each of the following requirements may make a request for adjustment to the committee on behalf of a party to a dispute by obtaining permission from the commission:
1. A non-profit juristic person established under the permission of the Minister of Environment pursuant to Article 32 of the Civil Act;
2. An organization pursuing the protection and enhancement of the public interest, such as environment protection, according to the articles of association;
3. Other requirements prescribed by Presidential Decree.
(2) Article 22 (3) and (4) shall apply mutatis mutandis to environmental organizations requesting adjustment pursuant to paragraph (1).
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
SECTION 2 Good Offices
 Article 27 (Nomination of Good Office Members)
(1) Good offices by the commission shall be rendered by not more than three members (hereinafter referred to as "good office member").
(2) The chairperson of the commission shall nominate good office members from among members of the commission on a case-by-case basis.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 28 (Duties of Good Office Members)
Good office members shall endeavor to settle cases in a fair manner by confirming the main points of assertions of both parties.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 29 (Suspension of Good Offices)
(1) When it is deemed impracticable to settle a dispute by means of good offices, good office members may suspend good offices.
(2) When a request for mediation or adjudication is made for a dispute for which procedures for good offices are in progress, such good offices shall be deemed suspended.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 29 (Suspension of Good Offices)
(1) When it is deemed impracticable to settle a dispute by means of good offices, good office members may suspend good offices.
(2) When a request for mediation, adjudication, or arbitration is made for a dispute for which procedures for good offices are in progress, such good offices shall be deemed suspended. <Amended by Act No. 13602, Dec. 22, 2015>
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012] <<Enforcement Date: Dec. 23, 2016>>
SECTION 3 Mediation
 Article 30 (Ex Officio Mediation)
(1) With respect to disputes which are feared to exert a huge ripple effect on society, such as grave damage to human lives and bodies caused by environmental pollution and strife over the installation or management of environmental facilities defined in subparagraph 2 of Article 2, the national resolution commission may commence the mediation procedure ex officio even without the request of the parties.
(2) Matters concerning the targets of ex officio mediation referred to in paragraph (1), mediation procedures, and persons performing ex officio mediation shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 30 (Ex Officio Mediation)
(1) With respect to disputes which are feared to exert a huge ripple effect on society, such as grave damage to human lives and bodies caused by environmental pollution and strife over the installation or management of environmental facilities defined in subparagraph 2 of Article 2, the national resolution commission may commence the mediation procedure ex officio even without the request of the parties.
(2) A Mayor/Do Governor, the head of a Si/Gu/Gu (the head of a Gu refers to the head of an autonomous Gu), or the head of a river basin environmental office or a regional environmental office may request an ex officio mediation to the national resolution commission regarding disputes for which an ex officio mediation under paragraph (1) is deemed necessary. <Newly Inserted by Act No. 13602, Dec. 22, 2015>
(3) Matters concerning the targets of ex officio mediation referred to in paragraph (1), mediation procedures, and persons performing ex officio mediation shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012] <<Enforcement Date: Dec. 23, 2016>>
 Article 31 (Nomination, etc. of Mediating Members)
(1) Mediation shall be rendered by a committee comprised of three members (hereinafter referred to as "mediation committee").
(2) Members of the mediation committee (hereinafter referred to as "mediating member") shall be nominated by the chairperson of the commission from among the commission members on a case-by-case basis, on condition that at least one person falling under Article 8 (1) 2 shall be included therein.
(3) Meetings of the mediation committee shall be convened by the chairperson of the mediation committee.
(4) Meetings of the mediation committee shall be held in the presence of all its members and resolutions shall be passed by the concurring vote of a majority of all such members.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 32 (Right to Investigate, etc. of Mediation Committee)
(1) When necessary for the mediation of disputes, the mediation committee may have the members of the mediation committee or judges enter factories or places of business which are occupied by the parties, or other places related to cases for investigation, perusal or reproduction of relevant documents or articles, or listen to the statements of references.
(2) When the mediation committee accepts the results of investigation referred to in paragraph (1) as materials for mediation, it shall listen to the opinions of the parties.
(3) In cases of paragraph (1), members of the mediation committee or judges shall carry an identification showing their authority and produce it to relevant persons.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 33 (Effect, etc. of Mediation)
(1) The mediation committee may prepare mediation proposals for the settlement of disputes and advise the relevant parties to accept such proposals by specifying a period exceeding 30 days, and mediation shall be established when the parties accept the mediation proposals and indicate such fact in a protocol.
(2) A protocol referred to in paragraph (1) shall have the same effect as that of consent judgment: Provided, That the same shall not apply to matters, which the parties cannot handle at will.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 34 (Refusal of Mediation)
(1) When the mediation committee deems that a relevant dispute is not appropriate for mediation by nature or a party requests mediation for unjust purposes, it may refuse the mediation.
(2) When the mediation committee determines to refuse mediation pursuant to paragraph (1), it shall notify the parties of such fact.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 35 (Termination of Mediation)
(1) When the mediation committee deems that it is impracticable to reach consensus between the disputing parties, it may terminate the mediation by the decision that it refuses to mediate.
(2) When parties concerned fail to make a notice of acceptance within a fixed period after an advice referred to in Article 33 (1) is made, the mediation between the relevant parties shall be terminated.
(3) When mediation is terminated pursuant to paragraph (1) or (2), the mediation committee shall notify the parties of such fact.
(4) Where a party who has received a notice pursuant to paragraph (3) files for a lawsuit within 30 days upon receipt of such notice, a request for mediation shall be deemed judicial claim in the interruption of prescription and calculation of period for filing a lawsuit.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 35 (Termination of Mediation)
(1) When the mediation committee deems that it is impracticable to reach consensus between the disputing parties, it may terminate the mediation by the decision that it refuses to mediate.
(2) When parties concerned fail to make a notice of acceptance within a fixed period after an advice referred to in Article 33 (1) is made, the mediation between the relevant parties shall be terminated.
(3) When a request for adjudication or arbitration is made for a dispute for which procedures for mediation are in progress, such mediation shall be suspended. <Newly Inserted by Act No. 13602, Dec. 22, 2015>
(4) When mediation is terminated pursuant to paragraph (1) or (2), the mediation committee shall notify the parties of such fact.
(5) Where a party who has received a notice pursuant to paragraph (4) files for a lawsuit within 30 days upon receipt of such notice, a request for mediation shall be deemed judicial claim in the interruption of prescription and calculation of period for filing a lawsuit. <Amended by Act No. 13602, Dec. 22, 2015>
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012] <<Enforcement Date: Dec. 23, 2016>>
SECTION 4 Adjudication
 Article 36 (Nomination, etc. of Adjudicating Members)
(1) Adjudication shall be rendered by a committee comprised of five members (hereinafter referred to as "adjudication committee"): Provided, That adjudication upon minor cases prescribed by Presidential Decree may be rendered by the adjudication committee comprised of three members.
(2) Members of the adjudication committee (hereinafter referred to as "adjudicating member") shall be nominated by the chairperson of the commission from among the commission on a case-by-case basis, on condition that at least one person falling under Article 8 (1) 2 shall be included therein.
(3) Meetings of the adjudication committee shall be convened by the chairperson of the adjudication committee.
(4) Meetings of the adjudication committee shall be held in the presence of all its members and resolutions shall be passed by the concurring vote of a majority of all such members.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 36 (Nomination, etc. of Adjudicating Members)
(1) Adjudication shall be rendered by a committee comprised of five members (hereinafter referred to as "adjudication committee"): Provided, That adjudication on any of the following cases shall be rendered by the adjudication committee prescribed by the subparagraph corresponding thereto: <Amended by Act No. 13602, Dec. 22, 2015>
1. Cases prescribed by Presidential Decree, which are feared to exert a huge ripple effect on society, such as grave damage to lives and bodies of numerous persons or strife over the installation or management of environmental facilities defined in subparagraph 2 of Article 2: adjudication committee comprised of not less than ten members;
2. Minor cases prescribed by Presidential Decree: adjudication committee comprised of three members.
(2) Members of the adjudication committee (hereinafter referred to as "adjudicating member") shall be nominated by the chairperson of the commission from among the commission members on a case-by-case basis, on condition that at least one person falling under Article 8 (1) 2 shall be included therein.
(3) Meetings of the adjudication committee shall be convened by the chairperson of the adjudication committee.
(4) Meetings of the adjudication committee shall be held in the presence of all its members and resolutions shall be passed by the concurring vote of a majority of all such members.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012] <<Enforcement Date: Dec. 23, 2016>>
 Article 37 (Trial)
(1) The adjudication committee shall have the relevant parties state their opinions by setting force a date of trial.
(2) The adjudication committee shall notify the parties of the date of trial fixed pursuant to paragraph (1) seven days prior to the date of trial.
(3) A trial shall be open to the public: Provided, That the same shall not apply when the adjudication committee deems that it is necessary to keep privacy or business secrets of the parties, when the fairness of procedure is feared to be impaired, or when it is necessary for the public interest.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 38 (Right to Investigate, etc. of Adjudication Committee)
(1) When necessary for adjudication on disputes, the adjudication committee may conduct the following acts at the request of the parties or ex officio:
1. Demanding appearance of, asking questions to, and hearing statements of a party or references;
2. Demanding appearance and appraisal of an appraiser;
3. Demanding perusal, reproduction, and submission of, and holding of documents or articles which are related to a case;
4. Entry into or investigation of places related to a case.
(2) Any interested party may participate in investigation, etc. referred to in paragraph (1).
(3) When the adjudication committee conducts an investigation, etc. referred to in paragraph (1) ex officio, it shall listen to the opinions of a party on the results thereof.
(4) When the adjudication committee has a relevant party or a reference make a statement or has an appraiser conduct appraisal pursuant to paragraph (1), it shall have the party, reference or appraiser take an oath.
(5) In cases of paragraph (1) 4, members of the adjudication committee or judges shall carry an identification showing their authority and produce it to relevant persons.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 39 (Preservation of Evidence)
(1) When the commission deems that it is impracticable to secure evidence unless the evidence is taken in advance before making a request for adjudication, it may conduct the acts in the subparagraphs of Article 38 (1) upon receipt of a request from a person who intends to request adjudication.
(2) Upon receipt of a request referred to in paragraph (1), the chairperson of the commission shall nominate persons to get involved in the preservation of evidence among the members of the commission.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 40 (Adjudication)
(1) Adjudication shall be rendered in writing, and adjudication documents shall include the following matters and be signed and sealed by adjudicating members:
1. Number and title of a case;
2. Name (in cases of corporations, referring to the title) and address of a relevant party, selected representative, representative party and agent;
3. Formal adjudication;
4. Purport of a request;
5. Grounds;
6. Date of adjudication.
(2) When grounds referred to in paragraph (1) 5 are stated, judgment on the assertion, etc. of relevant parties shall be indicated to the extent that it is possible to recognize the contents of text of judgement to be lawful.
(3) When the adjudication committee renders adjudication, it shall serve the original copy of adjudication documents to the party or agent without delay.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 41 (Restoration to Original State)
Where the adjudication committee deems that restoration to the original state is needed for the recovery of environmental damage, it shall render the adjudication which orders a relevant party to restore to the original state in lieu of indemnification for damage: Provided, That the same shall not apply when restoration to the original state is deemed substantially impracticable due to excessive costs and other causes.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 42 (Effect, etc. of Adjudication)
(1) Any party concerned who is dissatisfied with adjudication rendered by the adjudication committee of a regional resolution commission may make a request for adjudication to the national resolution commission within 60 days from the date on which the original copy of adjudication documents is served on the party.
(2) In the circumstance that the adjudication committee has rendered adjudication, if no lawsuit is instituted by both parties or either of the parties on the ground of environmental damage which is the object of the adjudication within 60 days from the date on which the original copy of adjudication documents is served on the parties, or such lawsuit is withdrawn, or when no request referred to in paragraph (1) is made, the adjudication documents shall have the same effect as that of consent judgment: Provided, That the same shall not apply to matters which the parties cannot handle at will.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 43 (Referral to Mediation)
(1) When the adjudication committee deems that it is appropriate to refer a case for which adjudication is requested for mediation, it may directly mediate the case ex officio or send the case to the competent committee for mediation.
(2) When the parties to a case referred for mediation pursuant to paragraph (1) fails to reach consensus, the adjudication procedure shall proceed, and when they reach consensus, the request for adjudication shall be deemed withdrawn.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 43-2 (Withdrawal of Request for Adjudication)
Where a request for arbitration is made for a dispute for which procedures for adjudication are in progress, the request for adjudication shall be deemed withdrawn.
[This Article Newly Inserted by Act No. 13602, Dec. 22, 2015] <<Enforcement Date: Dec. 23, 2016>>
 Article 44 (Interruption, etc. of Prescription)
When a party who is dissatisfied with adjudication institutes a lawsuit, the request for adjudication shall be deemed judicial claim in the interruption of prescription and calculation of period for filing a lawsuit.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 45 (Relations with Lawsuits)
(1) When a lawsuit is in progress for a case for which adjudication is requested, the court which has accepted the lawsuit may suspend the judicial procedure until adjudication is rendered.
(2) Where a judicial procedure referred to in paragraph (1) is not suspended, the adjudication committee shall suspend the adjudication procedure of the relevant case.
(3) Where a lawsuit is in progress on the same kind of a case or on a similar case which involves numerous persons due to the same cause as that of the case for which adjudication is requested, the adjudication committee may suspend the adjudication procedure by decision.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 45-2 (Nomination, etc. of Arbitrating Members)
(1) Arbitration shall be rendered by a committee comprised of three members (hereinafter referred to as “arbitration committee”).
(2) Members of the arbitration committee (hereinafter referred to as “arbitrating member”) shall be nominated by the chairperson of the committee from among the committee members on a case-by-case basis and where the parties to a case select members upon agreement, the relevant members shall be nominated.
(3) The chairperson of an arbitration committees shall be a member designated by the regulations for the committee under Article 15 (1): Provided, That where the parties to a case has selected members upon agreement pursuant to Article 2, a member nominated by the chairperson of the committee from among such members shall be the chairperson of the arbitration committee.
(4) Meetings of the arbitration committee shall be convened by the chairperson of the arbitration committee.
(5) Meetings of the arbitration committee shall be held in the presence of all its members, and resolutions shall be passed by the concurring vote of a majority of all such members.
[This Article Newly Inserted by Act No. 13602, Dec. 22, 2015] <<Enforcement Date: Dec. 23, 2016>>
 Article 45-3 (Trial, etc. of Arbitration Committee)
Articles 37 through 41 shall apply mutatis mutandis to trial, right to investigate, preservation of evidence, method of arbitration, restoration to the original state, and similar matters of the arbitration committee.
[This Article Newly Inserted by Act No. 13602, Dec. 22, 2015] <<Enforcement Date: Dec. 23, 2016>>
 Article 45-4 (Effect of Arbitration)
Arbitration shall have the same effect as a final and conclusive judgement of the court between the parties.
[This Article Newly Inserted by Act No. 13602, Dec. 22, 2015] <<Enforcement Date: Dec. 23, 2016>>
 Article 45-5 (Application Mutatis Mutandis of the Arbitration Act)
(1) Article 36 of the Arbitration Act shall apply mutatis mutandis to disobedience to arbitration and withdrawal of arbitration.
(2) The Arbitration Act shall apply mutatis mutandis to procedures related to arbitration unless otherwise provided for in this Act.
[This Article Newly Inserted by Act No. 13602, Dec. 22, 2015] <<Enforcement Date: Dec. 23, 2016>>
CHAPTER IV ADJUSTMENT OF DISPUTES INVOLVING NUMEROUS PERSONS
 Article 46 (Requests for Adjustment of Disputes Involving Numerous Persons)
(1) When environmental damage occurs or is expected to occur to numerous persons due to the same cause, one or several persons among them may make a request for adjustment as the representing parties.
(2) Any person who intends to make a request for adjustment pursuant to paragraph (1) shall obtain permission from the commission.
(3) A request for permission referred to in paragraph (2) shall be made in writing.
(4) A written request for permission referred to in paragraph (3) shall include the following matters:
1. Name and address of a requesting person;
2. Name and address of an agent when an agent makes a request;
3. Name and address of a person to become a requested person;
4. Scope of numerous persons whom a requesting person desires to represent;
5. Upper limit of amount claimed for indemnification per person when indemnification for damage is claimed;
6. Purport and grounds of a request for the adjustment of a dispute.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 47 (Requirements for Permission)
When a request for permission referred to in Article 46 satisfies each of the following requirements, the commission may grant permission:
1. The cause of a request is environmental damage which has occurred or is expected to occur due to the same cause;
2. The number of persons having a joint interest is not less than 100 persons and adjustment by selected representatives is significantly difficult;
3. In cases of claiming indemnification for damage, the amount claimed for indemnification for damage per person is not more than five million won;
4. Not less than 30 persons are consented among the numerous persons whom a requesting person intends to represent;
5. A requesting person is capable of representing the interest of members in a fair and proper manner.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 48 (Concurrence of Requests)
(1) When requests for permission for adjustment of a dispute involving numerous persons are made concurrently, the commission may recommend the method of separation, combination, etc. of cases to respective requesting persons.
(2) When a recommendation referred to in paragraph (1) fails to be accepted, the commission may render the decision of non-permission on the relevant requests.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 49 (Decision of Permission)
(1) When the commission renders the decision of permission for the adjustment of a dispute involving numerous persons, it shall note details referred to in the subparagraphs of Article 46 (4) in the written decision.
(2) When the commission completes to render the decision of permission referred to in paragraph (1), it shall notify the requesting person and the requested person of such fact immediately.
(3) Where the commission completes to render the decision of permission for the adjustment of a disputing involving numerous persons, the adjustment shall be deemed requested at the time permission is requested pursuant to Article 46.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 50 (Supervision, etc. of Representing Party)
(1) The commission may, when necessary, demand representing parties to make necessary reports.
(2) When the commission deems that a representing party fails to represent members in a fair and proper manner, it may replace the representing party or cancel permission upon request of members or ex officio.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 51 (Public Announcement, etc.)
(1) When the commission receives a request for the adjustment of a dispute involving numerous persons, it shall publicly announce the following matters within 15 days from the date of such request and allow the public to inspect the public announcement in the office of the local government in which the dispute has occurred:
1. Name and address of a requesting person and requested person;
2. Name and address of an agent;
3. Scope of members and upper limit of amount claimed for indemnification for damage per person;
4. Purport of a request and summary of a cause;
5. Number and title of a case;
6. Method and period of making a request for participation, and the matter that adjustment shall not take effect on persons who fail to make a request for participation;
7. Other matters the commission deems necessary.
(2) Public announcement referred to in paragraph (1) may be given by placing it in the Official Gazette or daily newspapers or by other methods the commission deems appropriate.
(3) The commission may have representing parties bear the costs incurred from public announcement referred to in paragraph (1).
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 52 (Requests for Participation)
(1) Any person who is not a representing party and has an interest in the results of adjustment of a relevant dispute may make a request for participation in the adjustment procedure within 60 days from the date of public notice referred to in Article 51 (1).
(2) Any person who gives a consent pursuant to subparagraph 4 of Article 47 shall be deemed to have participated in the adjustment procedure.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 53 (Effect)
The effect of adjustment shall be exerted only on representing parties and on persons who make a request for participation pursuant to Article 52.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 54 (Prohibition of Requests for Adjustment of Same Dispute)
No person who fails to make a request for participation pursuant to Article 52 shall make a request for adjustment again with regard to cases recognized as the same dispute in terms of the cause and purport of the request
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 55 (Adjustment Procedure Applicable Mutatis Mutandis)
With respect to the adjustment procedure of disputes involving numerous persons, Chapter III shall apply mutatis mutandis to matters that are not provided for in this Chapter unless the application is against the nature thereof.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 56 (Distribution)
Where a representing party receives indemnification for damage by adjustment, he/she shall prepare a distribution plan and have it authorized by the committee and then distribute the indemnification for damage according to the distribution plan within a period determined by the committee.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 57 (Matters to be Included in Distribution Plans)
Each distribution plan shall include the following matters:
1. Persons to receive indemnification for damage and the upper limit of credit amount per person;
2. Total amount of money paid by a requested person;
3. Items of deduction referred to in Article 59 and the amount thereof;
4. Amount of money appropriated for distribution;
5. Criteria for distribution;
6. Matters concerning the period, place and method of applying for payment;
7. Matters concerning the method of confirming credits;
8. Matters concerning the period, place and method of receiving an amount distributed;
9. Other matters determined by the committee.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 58 (Criteria for Distribution)
(1) Indemnification for damage shall be distributed based on the ground of adjudication or details indicated in mediation protocols.
(2) When the total amount of credits confirmed exceeds the amount appropriated for distribution, distribution shall be made in proportion to the value amount of each credit.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 59 (Deduction)
Each representing party may deduct the following costs from the amount paid by a requested person:
1. Costs incurred for the performance of the adjustment procedure;
2. Costs incurred for distribution.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 60 (Public Announcement of Distribution Plans)
(1) Where the commission authorizes a distribution plan pursuant to Article 56, it shall make public the following matters:
1. Summary of adjudication or mediation protocol;
2. Matters in the subparagraphs of Article 57;
3. Address and name of representing parties;
(2) Article 51 (2) and (3) shall apply mutatis mutandis to public announcement referred to in paragraph (1).
(3) Article 23 shall apply mutatis mutandis to disobedience to authorization of distribution plans referred to in Article 56.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 61 (Revision, etc. of Distribution Plans)
(1) Any party who has an objection to a distribution plan publicly notified pursuant to Article 60 (1) may submit an opinion to the commission within seven days from the date of public notice.
(2) Where the commission deems that it is necessary to revise a distribution plan after authorizing such plan pursuant to Article 56, it may revise the distribution plan by decision: Provided, That when revising by official authority, it shall listen to the opinions of representing parties.
(3) The commission shall publicly announce matters revised pursuant to paragraph (2).
(4) Article 51 (2) and (3) shall apply mutatis mutandis to public announcement referred to in paragraph (3).
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
CHAPTER V SUPPLEMENTARY PROVISIONS
 Article 62 (Relations with State Compensation Act)
In cases of disputes to which the State Compensation Act is applicable and which have undergone the adjustment procedure under this Act (including Articles 34 and 35), it shall be deemed that they are deliberated and resolved by the compensation deliberation council under the State Compensation Act.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 63 (Adjustment Costs, etc.)
(1) Costs incurred for the adjustment procedure of the committee shall be borne by each party except for costs incurred for matters prescribed by Presidential Decree.
(2) Any person who makes a request for adjustment, etc. to the committee shall pay fees as prescribed by Presidential Decree (in cases of regional resolution commissions, by municipal ordinances of the competent Cities/Dos).
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 64 (Provisions to be Applied Mutatis Mutandis)
The provisions concerning the service of documents in the Civil Procedure Act and Article 3 of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings shall apply mutatis mutandis to the service of documents and legal rates of interest, respectively.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
CHAPTER VI PENALTY PROVISIONS
 Article 65 (Penalty Provisions)
Any person who refuses, evades, or interferes with entry, inspection, perusal, or reproduction by the members of the committee or by judges, which are referred to in Article 38 (1) 3 and 4, without any justifiable ground shall be punished by a fine not exceeding two million won.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012]
 Article 65 (Penalty Provisions)
Any person who refuses, evades, or interferes with entry, inspection, perusal, or reproduction by the members of the committee or by judges, which are referred to in Article 32 (1) and Article 38 (including cases of application mutatis mutandis pursuant to Article 45-3) (1) 3 and 4, without any justifiable ground shall be punished by a fine not exceeding two million won. <Amended by Act No. 13602, Dec. 22, 2015>
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012] <<Enforcement Date: Dec. 23, 2016>>
 Article 66 (Administrative Fines)
(1) Any of the following persons shall be punished by an administrative fine not exceeding one million won:
1. A person who fails to appear without justifiable ground when requested to appear by the adjudication committee pursuant to Article 38 (1) 1 twice consecutively;
2. A person who fails to submit documents or articles referred to in Article 38 (1) 3 or submits false documents or articles.
(2) Any party, reference, or appraiser who makes a false statement or appraisal after taking an oath pursuant to Article 38 (4) shall be punished by an administrative fine not exceeding 500 thousand won.
(3) Administrative fines referred to in paragraphs (1) and (2) shall be imposed and collected by the Minister of Environment or by Mayors/Do Governors as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012] <<Enforcement Date: Dec. 23, 2016>>
 Article 66 (Administrative Fines)
(1) Any of the following persons shall be punished by an administrative fine not exceeding one million won: <Amended by Act No. 13602, Dec. 22, 2015>
1. A person who fails to appear without justifiable ground when requested to appear by the adjudication committee pursuant to Article 38 (including cases of application mutatis mutandis pursuant to Article 45-3; hereafter the same shall apply in this Article) (1) 1 twice consecutively;
2. A person who fails to submit documents or articles referred to in Article 38 (1) 3 or submits false documents or articles.
(2) Any party, reference, or appraiser who makes a false statement or appraisal after taking an oath pursuant to Article 38 (4) shall be punished by an administrative fine not exceeding 500 thousand won.
(3) Administrative fines referred to in paragraphs (1) and (2) shall be imposed and collected by the Minister of Environment or by Mayors/Do Governors as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11267, Feb. 1, 2012] <<Enforcement Date: Dec. 23, 2016>>
ADDENDA
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures) At the time when this Act enters into force, any application filed for mediation pending at the committee under the previous provisions shall be subject to the previous provisions.
ADDENDA <Act No. 6831, Dec. 26, 2002>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures) At the time when this Act enters into force, any application filed for mediation pending at the committee under the previous provisions shall be subject to the previous provisions.
ADDENDA <Act No. 7428, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 7796, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 7919, Mar. 24, 2006>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures) At the time when this Act enters into force, any application filed for mediation pending at the committee shall be subject to the previous provisions.
ADDENDA <Act No. 8428, May 11, 2007>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures on Change of Authority to Impose and Collect Administrative Fines) Notwithstanding the amended provisions of Article 66, the previous provisions shall apply to the cases for which procedures for imposition and collection of an administrative fine are in progress as at the time this Act enters into force.
ADDENDA <Act No. 8955, Mar. 21, 2008>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Applicability concerning Effect, etc. of Mediation) The amended provisions of Articles 33 and 42 (2) shall apply beginning with the case of application for mediation of environmental dispute that is received by the committee for the first time after this Act enters into force.
(3) (Transitional Measures on Mediation) Previous examples shall apply to the mediation of the case of application for mediation pending at the committee under the previous provisions at the time when this Act enters into force.
ADDENDA <Act No. 10615, Apr. 28, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 11267, Feb. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of subparagraph 1 of Article 2 shall enter into force one year after the Act on the Prevention of Light Pollution due to Artificial Lighting enters into force.
Article 2 Omitted.
ADDENDA <Act No. 13602, Dec. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Article 8 (2) shall enter into force on the date of its promulgation.
Article 2 (Applicability to Advice to Reach Consensus)
The amended provisions of Article 16-2 shall also apply to cases of good offices, mediation, and adjudication, which are pending in the committee as at the time this Act enters into force.
Article 3 (Applicability to Composition of Adjudication Committee)
The amended provisions of Article 36 (1) shall apply, beginning with the first request for adjudication received by the committee after this Act enters into force.
Article 4 (Transitional Measures concerning Nomination of Chairperson of National Resolution Commission)
Notwithstanding the amended provisions of Article 8 (2), the previous provisions shall apply to the chairperson of the national resolution commission who holds office as at the time the same amended provisions enter into force, until the expiration of his/her term of office.
Article 5 (Transitional Measures concerning Incompetent, etc.)
A person under adult guardianship or a person under limited guardianship under the amended provisions of subparagraph 1 of Article 9 shall be deemed to include a person for whom the adjudication of incompetence or quasi-incompetence remains valid pursuant to Article 2 of the Addenda to the Civil Act (Act No. 10429).