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GROUNDWATER ACT

Wholly Amended by Act No. 5286, Jan. 13, 1997

Amended by Act No. 5453, Dec. 13, 1997

Act No. 5955, Mar. 31, 1999

Act No. 6368, Jan. 16, 2001

Act No. 6656, Feb. 4, 2002

Act No. 6655, Feb. 4, 2002

Act No. 7459, Mar. 31, 2005

Act No. 7569, May 31, 2005

Act No. 7849, Feb. 21, 2006

Act No. 7924, Mar. 24, 2006

Act No. 8014, Sep. 27, 2006

Act No. 8370, Apr. 11, 2007

Act No. 8466, May 17, 2007

Act No. 8852, Feb. 29, 2008

Act No. 9058, Mar. 28, 2008

Act No. 9717, May 27, 2009

Act No. 10154, Mar. 22, 2010

Act No. 10219, Mar. 31, 2010

Act No. 10599, Apr. 14, 2011

Act No. 10763, May 30, 2011

Act No. 11192, Jan. 17, 2012

Act No. 11690, Mar. 23, 2013

Act No. 11803, May 22, 2013

Act No. 11862, jun. 4, 2013

Act No. 11998, Aug. 6, 2013

Act No. 12990, Jan. 6, 2015

Act No. 13383, jun. 22, 2015

Act No. 14476, Dec. 27, 2016

Act No. 14532, Jan. 17, 2017

Act No. 14801, Apr. 18, 2017

Act No. 14839, Jul. 26, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to contribute to the promotion of public welfare and the growth of the national economy through the promotion of the proper development and utilization of groundwater and the prevention of the pollution thereof by prescribing matters concerning the appropriate development and utilization and the efficient preservation and management of groundwater.
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows:
1. The term "groundwater" means water filling or flowing through spaces between strata or rocks beneath the earth's surface;
2. The term "groundwater impact investigation" means an investigation to analyze and forecast the impact of the development and utilization of groundwater on periphery areas;
3. The term "groundwater preservation zone" means a zone designated pursuant to Article 12 as necessary to preserve the quantity or quality of groundwater;
4. The term "construction business for the development and utilization of groundwater" means the business of performing construction works related to the installation of facilities for the development and utilization of groundwater (hereinafter referred to as "facilities for the development and utilization of groundwater");
5. The term "groundwater purification business" means the business of improving groundwater quality by removing, analyzing or diluting pollutants contained in groundwater;
6. The term "restoration" means the dismantlement of facilities or the proper reclamation of land in order to prevent the inflow of pollutants into such facilities or land subject to restoration and not to cause danger to human health and safety.
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 3 (Responsibility of State, etc.)
(1) The State shall be held responsible for formulating the comprehensive plan for groundwater and formulating the reasonable policies so that all the people can utilize good quality groundwater by efficiently preserving and managing groundwater that is a public resource.
(2) The people shall cooperate in national policies for the preservation and management of groundwater, and endeavor to preserve groundwater and to prevent the pollution thereof.
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 4 (Relationship to Other Acts)
Where there are special provisions concerning the survey, development, utilization, preservation and management of groundwater in other Acts, such Acts shall govern the said activities: Provided, That this shall not apply to the provisions of Articles 14 through 16.
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
CHAPTER II SURVEY, DEVELOPMENT, AND UTILIZATION OF GROUNDWATER
 Article 5 (Surveys of Groundwater)
(1) The Minister of Land, Infrastructure and Transport shall conduct basic surveys concerning the reserve characteristics and the exploitable volume of groundwater throughout the country, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The Minister of Land, Infrastructure and Transport shall regularly conduct complementary surveys on areas where a basic survey under paragraph (1) has been completed, as prescribed by Presidential Decree. <Newly Inserted by Act No. 11192, Jan. 17, 2012; Act No. 11690, Mar. 23, 2013>
(3) The head of the relevant central administrative agency or a Mayor of a Special Metropolitan City, a Mayor of a Metropolitan City, a Mayor of a Special Self-Governing City, the Governor of a Do or the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") and the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) may conduct surveys for the development, utilization, preservation and management of groundwater if necessary to conduct his/her affairs related to groundwater. <Amended by Act No. 11192, Jan. 17, 2012; Act No. 11803, May 22, 2013>
(4) Where the head of the relevant central administrative agency, a Mayor/Do Governor or the head of a Si/Gun/Gu intends to conduct a survey under paragraph (3), he/she shall consult with or notify the Minister of Land, Infrastructure and Transport in advance, as prescribed by Presidential Decree; where he/she completes the survey, he/she shall notify the Minister of Land, Infrastructure and Transport of the result thereof: Provided, That this shall not apply where urgent reasons prescribed by Presidential Decree exist. <Amended by Act No. 11192, Jan. 17, 2012; Act No. 11690, Mar. 23, 2013>
(5) The Minister of Land, Infrastructure and Transport, the head of the relevant central administrative agency, a Mayor/Do Governor or the head of a Si/Gun/Gu may have an institution specialized in surveys related to groundwater (hereinafter referred to as "institution specialized in surveys of groundwater") conduct surveys under paragraphs (1) through (3) on his/her behalf, as prescribed by Presidential Decree. <Amended by Act No. 11192, Jan. 17, 2012; Act No. 11690, Mar. 23, 2013>
(6) Where the Minister of Land, Infrastructure and Transport, the head of the relevant central administrative agency, a Mayor/Do Governor or the head of a Si/Gun/Gu deems it necessary in order to conduct his/her affairs related to groundwater, he/she may request the relevant agencies to submit survey data referred to in paragraphs (1) through (3) and (5) or to cooperate with him/her, as prescribed by Presidential Decree. <Amended by Act No. 11192, Jan. 17, 2012; Act No. 11690, Mar. 23, 2013>
(7) The Minister of Land, Infrastructure and Transport shall comprehensively manage survey data referred to in paragraphs (1) through (3) and (5), and allow the relevant agencies or persons who develop and utilize groundwater to utilize such survey data, as prescribed by Presidential Decree. <Amended by Act No. 11192, Jan. 17, 2012; Act No. 11690, Mar. 23, 2013>
(8) Where the head of a Si/Gun/Gu intends to hold consultation under paragraph (4), he/she shall undergo consultation with the Mayor/Do Governor in advance. <Amended by Act No. 11192, Jan. 17, 2012>
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 5-2 (Informatization of Preservation and Management of Groundwater)
(1) The Minister of Land, Infrastructure and Transport, the Mayor/Do Governor and the head of a Si/Gun/Gu may establish and operate a groundwater information system for the efficient utilization of groundwater survey data under Article 5 and other data required for the preservation and management of groundwater. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11803, May 22, 2013>
(2) Where the Minister of Land, Infrastructure and Transport intends to establish a groundwater information system pursuant to paragraph (1), he/she shall consult with the Minister of Environment in advance. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Where the Mayor/Do Governor or the head of a Si/Gun/Gu intends to establish a groundwater information system, he/she shall consult with the Minister of Land, Infrastructure and Transport and the Minister of Environment in advance. <Newly Inserted by Act No. 11803, May 22, 2013>
(4) Necessary matters concerning the scope of establishment of a groundwater information system under paragraph (1), procedures for operation, etc. shall be prescribed by Presidential Decree.
(5) The Minister of Land, Infrastructure and Transport, the Mayor/Do Governor or the head of a Si/Gun/Gu may have an institution specialized in groundwater surveys (hereinafter referred to as "institution specialized in groundwater surveys") conduct surveys referred to in paragraphs (1) through (3) on his/her behalf, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11803, May 22, 2013>
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 6 (Formulation of Master Plan for Management of Groundwater)
(1) The Minister of Land, Infrastructure and Transport shall formulate a master plan for the management of groundwater (hereinafter referred to as "master plan") for every ten years including the following matters for the systematic development and utilization and the efficient preservation and management of groundwater: <Amended by Act No. 11690, Mar. 23, 2013>
1. Reserve characteristics and exploitable amount of groundwater;
2. Actual conditions of the utilization of groundwater;
3. A plan for the utilization of groundwater;
4. A plan for the preservation of groundwater;
5. A plan for the quality control and purification of groundwater;
6. Other matters concerning the management of groundwater.
(2) The Minister of Land, Infrastructure and Transport shall examine the feasibility of the master plan every five years from the date of its formulation and shall revise it if necessary. <Amended by Act No. 11690, Mar. 23, 2013>
(3) The Minister of Environment shall formulate a plan for the quality control and purification of groundwater under paragraph (1) 5 and notify the Minister of Land, Infrastructure and Transport of such plan. <Amended by Act No. 11690, Mar. 23, 2013>
(4) The master plan shall contain matters concerning hot spring water under the Hot Spring Act, water for agricultural and fishing villages (only applicable to groundwater) under the Rearrangement of Agricultural and Fishing Villages Act, drinking spring water and drinking saline groundwater under the Drinking Water Management Act, and groundwater in the area of Jeju Special Self-Governing Province under the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City. In such cases, the Minister of the Interior and Safety, the Minister of Agriculture, Food and Rural Affairs, and the Minister of Environment shall notify in advance the Minister of Land, Infrastructure and Transport of the actual conditions of and a plan for groundwater management under the related Acts, respectively. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(5) When the Minister of Land, Infrastructure and Transport intends to formulate the master plan pursuant to paragraph (1), he/she shall hear opinions of the Mayor/Do Governor and consult with the head of the relevant central administrative agency in advance. The same shall also apply to cases where he/she intends to revise the master plan formulated: Provided, That this shall not apply where he/she intends to change minor matters prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(6) When the Minister of Land, Infrastructure and Transport has formulated the master plan, he/she shall publicly announce the master plan and notify the relevant agencies of such master plan without delay, as prescribed by Presidential Decree. The same shall also apply where he/she revises the master plan formulated (excluding the revisions of minor matters under the proviso to paragraph (5)). <Amended by Act No. 11690, Mar. 23, 2013>
(7) When the head of the relevant central administrative agency develops, utilizes, preserves and manages groundwater in accordance with the relevant Acts, he/she shall conduct such activities in compliance with the master plan.
(8) Matters necessary for procedures for the formulation of the master plan, etc. shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 6-2 (Formulation and Execution of Regional Groundwater Management Plans)
(1) Each Mayor/Do Governor shall formulate a regional groundwater management plan for the district under his/her jurisdiction according to the master plan (hereinafter referred to as "regional management plan") and obtain approval from the Minister of Land, Infrastructure and Transport. The same shall also apply to cases where he/she intends to revise the formulated regional management plan: Provided, That this shall not apply to cases where he/she intends to change minor matters prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Where problems in groundwater prescribed by Presidential Decree, such as the fall in water level and the pollution of groundwater, arise in the district under the jurisdiction of the head of a Si/Gun/Gu, he/she may formulate a regional management plan after holding consultation with the competent Mayor/Do Governor and request the Minister of Land, Infrastructure and Transport to approve such plan. <Amended by Act No. 11690, Mar. 23, 2013>
(3) If the Minister of Land, Infrastructure and Transport intends to approve a regional management plan under paragraph (1) or (2), he/she shall consult with the Minister of Environment in advance. <Amended by Act No. 11690, Mar. 23, 2013>
(4) When a Mayor/Do Governor or the head of a Si/Gun/Gu has obtained approval of a regional management plan pursuant to paragraph (1) or (2), he/she shall publicly announce such plan without delay, as prescribed by Presidential Decree, and the Mayor/Do Governor shall notify the head of the relevant administrative agency and the head of a Si/Gun/Gu of such plan, and the head of a Si/Gun/Gu shall notify the Mayor/Do Governor of such plan. The same shall also apply to cases where he/she revises the formulated regional management plan (excluding the revisions of minor matters under the proviso to paragraph (1)).
(5) A regional management plan shall contain matters referred to in the subparagraphs of Article 6 (1) and matters for the management of the amount of groundwater in the district under jurisdiction.
(6) Matters necessary for procedures for the formulation of a regional management plan, etc. shall be prescribed by Presidential Decree.
(7) A Mayor/Do Governor or the head of a Si/Gun/Gu may have an institution specialized in surveys of groundwater conduct affairs concerning the formulation of a regional management plan on his/her behalf.
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 7 (Permission for Development and Utilization of Groundwater)
(1) A person who intends to develop and utilize groundwater shall obtain prior permission from the head of a Si (including the Mayor of a Special Self-Governing City; hereinafter the same shall apply)/Gun/Gu, as prescribed by Presidential Decree: Provided, That this shall not apply where he/she falls under any of the following cases: <Amended by Act No. 10763, May 30, 2011; Act No. 11803, May 22, 2013>
1. Where he/she utilizes naturally flowing groundwater or incidentally flowing groundwater due to a project, etc. executed after obtaining permission, approval, etc. or making a report pursuant to other Acts;
2. Where he/she develops and utilizes a household well or a common well without using any power-driven device;
3. Where he/she obtains permission under Article 13 (1) 1.
(2) A person who intends to apply for permission under paragraph (1) shall undergo a groundwater impact investigation conducted by a groundwater impact investigation agency under Article 27, and submit a groundwater impact investigation report prepared by such groundwater impact investigation agency; the head of a Si/Gun/Gu shall examine the groundwater impact investigation report and reflect the result of the examination in the content of his/her permission, as prescribed by Presidential Decree. In such cases, the head of a Si/Gun/Gu shall examine such groundwater impact investigation report in consideration of the master plan and a regional management plan. <Amended by Act No. 10763, May 30, 2011>
(3) In any of the following cases, the head of a Si/Gun/Gu may choose not to grant permission under paragraph (1) or may limit the collection volume of groundwater: <Amended by Act No. 10599, Apr. 14, 2011; Act No. 10763, May 30, 2011>
1. Where the collection of groundwater is likely to drain the source of water supply or to lead to the ground subsidence in neighboring areas, or to harm the safety of peripheral facilities;
2. Where the development and utilization of groundwater is likely to contaminate groundwater or to ruin natural ecosystems;
3. Where the development and utilization of groundwater is likely to cause trouble for the proper management of groundwater, or urban management planning or other public projects under the National Land Planning and Utilization Act;
4. Other cases prescribed by Presidential Decree, which are deemed necessary for the preservation of groundwater.
(4) Where the head of a Si/Gun/Gu does not grant permission pursuant to paragraph (3), he/she shall give an applicant the reason therefor in writing. <Amended by Act No. 10763, May 30, 2011>
(5) Deleted. <by Act No. 10763, May 30, 2011>
(6) Where a person intends to change matters prescribed by Presidential Decree among the permitted matters, paragraphs (1) through (4) shall apply mutatis mutandis to such changes: Provided, That where the relevant development and utilization of groundwater falls under Article 8 (1) 2 or 5 due to changes of the permitted matters, he/she may utilize groundwater continuously after reporting to the head of a Si/Gun/Gu pursuant to Article 8 (1). <Amended by Act No. 10763, May 30, 2011>
(7) Deleted. <by Act No. 11803, May 22, 2013>
(8) Items, methods, evaluation criteria of a groundwater impact investigation, and guidelines for and the content of preparation of a groundwater impact investigation report under paragraph (2) and other necessary matters shall be prescribed by Presidential Decree. <Amended by Act No. 10763, May 30, 2011>
 Article 7-2 (Permission for Development and Utilization of Groundwater in Vicinity of Rivers)
(1) When the head of a Si/Gun/Gu grants permission pursuant to Article 7 (1), where a person develops and utilizes groundwater in an area within the limits prescribed by Presidential Decree from the boundary of a river area under subparagraph 2 of Article 2 of the River Act, the head of a Si/Gun/Gu shall consult with the Minister of Land, Infrastructure and Transport in advance with a groundwater impact investigation report accompanied pursuant to Article 7 (2). <Amended by Act No. 11690, Mar. 23, 2013>
(2) Where the Minister of Land, Infrastructure and Transport deems that the development and utilization of groundwater under paragraph (1) has influence on the water volume of a river, he/she may request the head of a Si/Gun/Gu to limit the water collection volume and the period for collecting water, or to prohibit the collection of groundwater, etc., and the head of a Si/Gun/Gu shall comply with such request unless specific grounds exist. In such cases, when it is obvious that a person who is already using a river under Article 34 of the River Act will sustain a loss due to the relevant permission, the Minister of Land, Infrastructure and Transport shall have an applicant for permission obtain consent from the person who is already using the river. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 7-3 (Term of Validity of Permission for Development and Utilization of Groundwater)
(1) The term of validity of permission for the development and utilization of groundwater under Article 7 (1) shall be five years.
(2) If a person who has obtained permission for the development and utilization of groundwater applies for the extension of the term of validity, the head of a Si/Gun/Gu may permit the extension of the term of validity. In such cases, the period of such extension shall be five years.
(3) Matters necessary for procedures for filing an application for the extension of the term of validity, etc. under paragraph (2) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 8 (Reporting on Development and Utilization of Groundwater)
(1) In any of the following cases, notwithstanding Article 7, a person may develop and utilize groundwater after reporting in advance to the head of a Si/Gun/Gu, as prescribed by Presidential Decree: <Amended by Act No. 13383, Jun. 22, 2015>
1. Where a person develops and utilizes groundwater in facilities installed by national defense and military installations projects under Article 2 of the Act on National Defense and Military Installations Projects;
2. Where a person develops and utilizes groundwater below the scale prescribed by Presidential Decree for the purpose of farming under subparagraph 1 of Article 3 of the Framework Act on Agriculture, Rural Community and Food Industry and the fishing business under subparagraph 1 (a) of Article 3 of the Framework Act on Fisheries and Fishing Villages Development;
3. Where the head of a Si/Gun/Gu deems it necessary to urgently develop and utilize groundwater due to an accident or other natural disasters;
4. Where the State or a local government develops and utilizes groundwater for emergency water supply in preparation for the outbreak of war or other emergency;
5. Where a person develops and utilizes groundwater below the scale prescribed by Presidential Decree, in addition to the cases under subparagraphs 1 through 4.
(2) Where a person changes important matters prescribed by Presidential Decree among the matters reported pursuant to paragraph (1), he/she shall report to the head of a Si/Gun/Gu: Provided, That where the relevant development and use of groundwater does not fall under any of the subparagraphs of paragraph (1) due to changes of the reported matters, he/she shall obtain permission from the head of a Si/Gun/Gu pursuant to Article 7.
(3) Where the development and utilization of groundwater under paragraph (1) falls under any of the subparagraphs of Article 7 (3), the head of a Si/Gun/Gu may limit the water collection volume and the period for collecting water based on the result of a groundwater impact investigation conducted by a groundwater impact investigation agency under Article 27, take necessary measures, such as an order to take corrective measures, an order to suspend the utilization of groundwawter or an order to jointly utilize groundwater, as prescribed by Presidential Decree, and order a person who fails to comply with such order without justifiable reasons to close down the relevant facilities for the development and utilization of groudwater.
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 8-2 (Invalidation of Report)
Where a report on the development and utilization of groundwater under Article 8 falls under any of the following cases, the report shall lose its effect. In such cases, the head of a Si/Gun/Gu shall notify a reporter of matters concerning the invalidation of the report without delay:
1. Where a person who has made the report notifies the head of a Si/Gun/Gu that he/she has no intention to develop and utilize groundwater, or the head of a Si/Gun/Gu confirms such fact;
2. Where a person who has made the report fails to commence construction works within three months from the date of reporting, or suspends construction works for more than three consecutive months after the commencement of construction works without justifiable reasons.
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 9 (Reports on Completion of Construction Works)
(1) When a person who obtained permission pursuant to Article 7 or made a report pursuant to Article 8 has completed construction, he/she shall report the completion of construction to the head of a Si/Gun/Gu, as prescribed by Presidential Decree.
(2) Where matters prescribed by Presidential Decree, such as the location of facilities for the development and utilization of groundwater, among the matters reported pursuant to paragraph (1) have been completed differently from those permitted pursuant to Article 7 or reported pursuant to Article 8, the head of a Si/Gun/Gu may issue an order to take corrective measures or may take necessary measures, as prescribed by Presidential Decree, and may order a person who fails to comply with such order without justifiable reasons to close down the relevant facilities for the development and utilization of groundwater.
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 9-2 (Utilization of Outflowing Groundwater, etc.)
(1) Any person who intends to construct underground facilities, such as a subway or tunnel, or a person who intends to construct a structure larger than the scale prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport or other facilities, where groundwater flows out in excess of the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport due to such construction, shall formulate countermeasures that can reduce groundwater outflow and report such countermeasures to the head of a Si/Gun/Gu, and implement the countermeasures, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11803, May 22, 2013>
(2) Notwithstanding countermeasures under paragraph (1), where groundwater flows out in excess of the standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport after the completion of the construction of the relevant facilities or structure, a person who has constructed such facilities or structure shall formulate a plan for utilizing the outflowing groundwater for the purposes prescribed by Presidential Decree, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and report such plan to the head of a Si/Gun/Gu. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11803, May 22, 2013>
(3) The head of a Si/Gun/Gu shall order a person who fails to implement countermeasures to reduce the outflow of groundwater under paragraph (1), or a person who fails to execute a plan for the utilization of outflowing groundwater under paragraph (2) or whose utilization of such groundwater is deemed remarkably low to improve such conditions with a period fixed, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 9-3 (Report on Completion of Development and Utilization of Groundwater)
Where a person who develops and utilizes groundwater after obtaining permission, approval, etc. or making a report under this Act or other Acts falls under any of Articles 15 (1) 3 through 5, he/she shall report such matters to the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 9-4 (Report, etc. on Excavation impacting on Groundwater)
(1) A person who intends to excavate land to do any of the following acts shall report the content thereof to the head of a Si/Gun/Gu in advance, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. The same shall also apply to cases where he/she intends to change important matters prescribed by Presidential Decree among the reported matters or has completed the relevant acts: <Amended by Act No. 11690, Mar. 23, 2013>
1. A survey of groundwater under Article 5;
2. A groundwater impact investigation under Article 7 (2);
3. Measurements of water quality under Article 16-2 (1);
4. Other acts prescribed by Presidential Decree, which have influence on the quality and quantity of groundwater.
(2) The head of a Si/Gun/Gu may request a person who has made a report pursuant to paragraph (1) to submit data necessary for the management of geological features, the volume of water and groundwater following the excavation of land, and the person upon the receipt of the request shall comply with such request unless any special reason exists.
(3) Where excavation under paragraph (1) affects or is likely to affect the quality or quantity of groundwater to the extent prescribed by Presidential Decree, the head of a Si/Gun/Gu may order a person who has excavated land to improve facilities or may take the necessary measures.
(4) Matters necessary to report the excavation of land under paragraph (1) and procedures for providing data required for the management of groundwater under paragraph (2) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 9-5 (Post Management of Facilities for Development and Utilization of Groundwater, etc.)
(1) A person, who develops and utilizes groundwater (hereinafter referred to as "person who develops and utilizes groundwater") after obtaining permission, approval, etc. or making a report pursuant to this Act or other Acts, shall implement post management, such as the maintenance of facilities for the development and utilization of groundwater, in order to preserve groundwater quality, etc. <Amended by Act No. 11803, May 22, 2013>
(2) Where a person who develops and utilizes groundwater intends to implement post management under paragraph (1), he/she shall report to the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. The same shall also apply where he/she has completed the relevant act. <Amended by Act No. 11690, Mar. 23, 2013>
(3) The head of a Si/Gun/Gu may order a person who has failed to implement post management or has made a false report to take corrective measures or to suspend the utilization of groundwater, or take other necessary measures, as prescribed by Presidential Decree.
(4) Facilities subject to post management under paragraph (1), the purposes thereof, inspection interval and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 9-6 (Installation, etc. of Facilities for Securing Groundwater Resources)
(1) The Minister of Land, Infrastructure and Transport and the head of a local government may install and manage facilities for securing groundwater resources (referring to groundwater dams, groundwater recharge facilities, etc. installed and managed by the State or a local government in order to secure groundwater resources) in any of the following areas, for the stable securing of water resources and in preparation for droughts, etc.: <Amended by Act No. 11690, Mar. 23, 2013>
1. An insular or coastal area where it is impracticable to stably secure water resources;
2. An area where it is necessary to secure water resources in preparation for emergencies because the area is vulnerable to droughts, etc.;
3. Other areas prescribed by Presidential Decree in order to secure groundwater resources because the groundwater level is unstable or replacing sources of water is required.
(2) The Minister of Land, Infrastructure and Transport shall install facilities for securing groundwater resources referred to in paragraph (1) within the scope of the master plan while the head of a local government shall install such facilities within the scope of a regional management plan. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Standards for installation and management of facilities for securing groundwater resources under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(4) The Minister of Land, Infrastructure and Transport or the head of a local government may have institutions prescribed by Presidential Decree conduct affairs concerning the installation and management of facilities for securing groundwater resources under paragraph (1) on his/her behalf. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 11192, Jan. 17, 2012]
 Article 9-7 (Utilization, etc. of Groundwater as Source of Energy for Air Conditioning and Heating)
(1) The Minister of Land, Infrastructure and Transport shall formulate policies for the proper development, utilization, preservation and management of groundwater, which are required for the utilization of groundwater as a source of energy for air conditioning and heating. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Where necessary to implement policies under paragraph (1), the Minister of Land, Infrastructure and Transport may provide technical and financial support to the head of a Si/Gun/Gu. <Amended by Act No. 11690, Mar. 23, 2013>
(3) The Minister of Land, Infrastructure and Transport shall establish standards for installation of facilities for utilizing groundwater as a source of energy for air conditioning and heating, as prescribed by Ordinance of the Ministry of Land, infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 11192, Jan. 17, 2012]
 Article 10 (Revocation, etc. of Permission)
(1) Where a person who has obtained permission pursuant to Article 7 falls under any of the following cases, the head of a Si/Gun/Gu may revoke his/her permission: Provided, That where the person falls under subparagraphs 1, 7, 8 and 8-2, the head of a Si/Gun/Gu shall revoke his/her permission: <Amended by Act No. 11192, Jan. 17, 2012; Act No. 11690, Mar. 23, 2013>
1. Where the person has obtained permission for the development and use of groundwater by unjust means;
2. Where the person falls under any of the subparagraphs of Article 7 (3);
3. Where the person fails to make a report on the completion of construction under Article 9 (1) or makes a false report;
4. Where the person fails to commence construction works within three months from the date he/she obtains permission without a justifiable reason or has suspended construction works for more than three consecutive months after the commencement thereof;
5. Where groundwater has not been collected at the place excavated for the development and utilization of groundwater;
6. Where it is impracticable to develop and utilize groundwater due to poor water quality;
7. Where it becomes impracticable to develop and utilize groundwater according to the permitted purposes;
8. Where the person has completed the development and utilization of groundwater;
8-2. Where the Minister of Land, Infrastructure and Transport requests the head of a Si/Gun/Gu to revoke permission because the groundwater level in the area is continuously lowering as a result of the investigation of the actual conditions of changes in the groundwater level under Article 17 (1) or (2) and it is necessary to restrict the development and utilization of groundwater as a result of close scrutiny, as prescribed by Presidential Decree;
9. Where the person has violated an order to suspend the utilization of groundwater or to improve water quality under Article 20 (2).
(2) The level of poor quality of groundwater under paragraph (1) 6 shall be prescribed by Presidential Decree.
(3) The head of a Si/Gun/Gu may issue an order to take corrective measures, or take necessary measures with a period fixed, as prescribed by Presidential Decree before he/she revokes permission pursuant to paragraph (1): Provided, That this shall not apply to cases referred to in paragraph (1) 1, 7, 8 and 8-2. <Amended by Act No. 11192, Jan. 17, 2012>
(4) Where the head of a Si/Gun/Gu revokes permission pursuant to paragraph (1), he/she shall notify a person who has obtained such permission of the reason for revocation in writing.
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 11 (Succession, etc. of Rights and Obligations)
(1) Where a person who develops and utilizes groundwater transfers groundwater development and utilization facilities or dies, or where a corporation merges with another corporation, the transferee or the successor thereof, or the corporation that survives the merger or the corporation incorporated after merger shall succeed to the rights and obligations of the person who develops and utilizes groundwater subject to permission, permission for alteration, reporting or reporting of alteration.
(2) A person who takes over groundwater development and utilization facilities of a person who develops and utilizes groundwater according to any of the following procedures shall succeed to the rights and obligations of the person who develops and utilizes groundwater subject to permission, permission for alteration, reporting or reporting of alteration: <Amended by Act No. 14476, Dec. 27, 2016>
1. Auction under the Civil Execution Act;
3. Sale of seized property under the National Tax Collection Act, the Customs Act and the Local Tax Collection Act;
4. Other procedures corresponding to subparagraphs 1 through 3.
(3) Where a person succeeds to the rights and obligations pursuant to paragraphs (1) and (2), he/she shall report such succession to the head of a Si/Gun/Gu within one month from the date of succession, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
[This Article Newly Inserted by Act No. 11803, May 22, 2013]
CHAPTER III PRESERVATION AND MANAGEMENT OF GROUNDWATER
 Article 12 (Designation of Groundwater Preservation Zones)
(1) If necessary for the preservation and management of groundwater, a Mayor/Do Governor may designate any of the following areas as a groundwater preservation zone:
1. An area in the upper stream that is a supply source of groundwater connected for water supply to another area in the downstream where groundwater is used;
2. An area where there are strata containing abundant groundwater serving as the main source of water supply;
3. An area where water quality is apt to be lowered as facilities under Article 13 (1) 2 are installed within a radius prescribed by Presidential Decree from the center of facilities for the development and utilization of groundwater for public water supply prescribed by Presidential Decree;
4. An area where the volume of groundwater developed and utilized is deemed remarkably high in comparison with the exploitable volume of groundwater determined in the master plan or a regional management plan;
5. An area where the excessive development and utilization of groundwater causes or is likely to cause the drain of groundwater, subsidence of ground, or drying up of rivers;
6. An area where the development and utilization of groundwater seriously affects or is likely to affect peripheral ecosystems;
7. Other areas prescribed by Presidential Decree, which are required for the preservation of quality and quantity of groundwater.
(2) Where a Mayor/Do Governor intends to designate a groundwater preservation zone pursuant to paragraph (1) or to change the designation thereof, he/she shall consult with the head of the relevant administrative agency: Provided, That this shall not apply where he/she intends to change minor matters prescribed by Presidential Decree.
(3) Where it is necessary to designate a groundwater preservation zone extending over the administrative districts under the jurisdiction of more than two Special Metropolitan Cities, Metropolitan Cities, Special Self-Governing Cities or Dos, the relevant Mayors/Do Governors shall jointly designate the groundwater preservation zone or appoint a person who designates it through consultation. <Amended by Act No. 11803, May 22, 2013>
(4) Where no agreement under paragraph (3) is reached, the Minister of Land, Infrastructure and Transport shall appoint a person who designates a groundwater preservation zone in consultation with the head of the relevant central administrative agency and announce the appointment thereof. <Amended by Act No. 11690, Mar. 23, 2013>
(5) Where a Mayor/Do Governor has designated a groundwater preservation zone pursuant to paragraph (1) or has altered the designation thereof, he/she shall announce such designation or alteration thereof without delay and report it to the Minister of Land, Infrastructure and Transport, and notify the head of a Si (excluding the Mayor of a Special Self-Governing City)/Gun/Gu. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11803, May 22, 2013>
(6) The head of a Si/Gun/Gu shall offer the fact of designation of a groundwater preservation zone or alteration of the designation thereof and the details thereof for public perusal. <Newly Inserted by Act No. 11803, May 22, 2013>
(7) Where an area falling under any of the subparagraphs of paragraph (1) falls under any of the following, the Minister of Land, Infrastructure and Transport may order the Mayor/Do Governor to designate such area as a groundwater preservation zone: <Amended by Act No. 11690, Mar. 23, 2013>
1. An area which is deemed likely to cause difficulty in the preservation and management of groundwater because the area has not been designated as a groundwater preservation zone though it is necessary to designate the groundwater preservation zone for the preservation and management of groundwater;
2. An area requested by the Minister of Environment for the preservation of water quality;
3. Other areas prescribed by Presidential Decree, which are deemed necessary for the preservation and management of groundwater.
(8) Where a Mayor/Do Governor designates an area as a groundwater preservation zone, he/she shall establish and implement measures for the preservation and management of groundwater of such area.
(9) Where an area falls under any of the subparagraphs of paragraph (1) and the Minister of Land, Infrastructure and Transport deems it necessary to secure stable groundwater resources for such area, he/she may hear opinions of the Mayor/Do Governor in advance, and formulate and implement measures for the preservation and management of groundwater. <Newly Inserted by Act No. 11803, May 22, 2013>
(10) The scope of and procedure for the designation of groundwater preservation zones and other necessary matters therefor shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 12-2 (Hearing Opinions of Residents)
(1) Where a Mayor/Do Governor intends to designate a groundwater preservation zone or to change the designation thereof pursuant to Article 12, he/she shall hear opinions of residents; where he/she deems that their opinions are appropriate, he/she shall reflect such opinions: Provided, That this shall not apply to matters that require confidentiality for national defense or security (limited to matters requested by the head of the relevant central administrative agency), or minor matters prescribed by Presidential Decree.
(2) Matters necessary for hearing opinions of residents under paragraph (1) shall be prescribed by municipal ordinance of the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do or Special Self-Governing Province according to standards prescribed by Presidential Decree. <Amended by Act No. 11803, May 22, 2013>
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 13 (Restrictions on Acts within Groundwater Preservation Zone)
(1) A person who intends to perform any of the following acts within a groundwater preservation zone shall obtain permission from the head of a Si/Gun/Gu: Provided, That where he/she has installed facilities referred to in subparagraph 2 after obtaining approval or permission in accordance with the related Acts, he/she shall be deemed to have obtained permission: <Amended by Act No. 11862, Jun. 4, 2013; Act No. 14532, Jan. 17, 2017>
1. Developing and utilizing groundwater a scale prescribed by Presidential Decree or larger within the extent of the scale that must be reported pursuant to Article 8 (1) 5;
2. Installing facilities prescribed by Presidential Decree, which discharge, manufacture or store any of the following substances:
(a) Specific substances that are hazardous to water quality under subparagraph 8 of Article 2 of the Water Environment Conservation Act;
(b) Wastes under subparagraph 1 of Article 2 of the Wastes Control Act;
(c) Sewage and excreta under subparagraphs 1 and 2 of Article 2 of the Sewerage Act and livestock excreta under subparagraph 2 of Article 2 of the Act on the Management and Use of Livestock Excreta;
(d) Toxic chemicals under subparagraph 7 of Article 2 of the Chemicals Control Act;
(e) Soil pollutants under subparagraph 2 of Article 2 of the Soil Environment Conservation Act;
3. Other acts prescribed by Presidential Decree, which cause apparent dangers, such as the lowering of the groundwater level, the pollution of groundwater, or ground subsidence.
(2) The head of a Si/Gun/Gu may prohibit the development and utilization of new groundwater within a groundwater preservation zone, as prescribed by Presidential Decree.
(3) Articles 7, 9, 9-2 through 9-7, 10 and 11 shall apply mutatis mutandis to permission under paragraph (1). <Amended by Act No. 11803, May 22, 2013>
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 14 (Deposit of Performance Guarantee)
(1) A person who develops and utilizes groundwater after obtaining permission, approval, etc. or making a report under this Act or other Acts, or a person who excavates land after making a report on excavation pursuant to Article 9-4 shall deposit a performance guarantee to ensure the performance of the works for the restoration to the original state: Provided, That this shall not apply to any of the following cases:
1. Where the State, a local government or a public institution under the Act on the Management of Public Institutions develops and utilizes groundwater or excavates land after reporting the excavation thereof pursuant to Article 9-4;
2. Other cases prescribed by Presidential Decree, the restoration of which is deemed certain.
(2) Matters necessary for the amount of a performance guarantee under paragraph (1), time of, methods and procedures for deposit, and the return of the performance guarantee, etc. shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 15 (Restoration to Original State, etc.)
(1) Where a person who develops and utilizes groundwater after obtaining permission, approval, etc. or making a report under this Act or other Acts (including a person who performs an act falling under any of the subparagraphs of Article 13 (1) after obtaining permission under Article 13) falls under any of the following cases, he/she shall restore the relevant facilities and land to the original state: Provided, That this shall not apply to cases prescribed by Presidential Decree, which are not required to be restored to the original state:
1. Where permission, approval, etc. under this Act or other Acts has been revoked;
2. Where the period for development and utilization with permission, approval, etc. under this Act or other Acts has expired;
3. Where groundwater is not collected at the place that is excavated for the development and utilization of groundwater;
4. Where he/she cannot develop or utilize groundwater due to poor water quality;
5. Where he/she has completed the development and utilization of groundwater;
6. Where the effect of a report has been lost under Article 8-2;
7. Where he/she has excavated land after making a report pursuant to Article 9-4 and has completed an act falling under any of the subparagraphs of Article 9-4 (1);
8. Other cases prescribed by Presidential Decree, for which the restoration to original state is required.
(2) When a person who should restore facilities or land to the original state pursuant to paragraph (1) fails to perform his/her duties without any justifiable reason, the head of a Si/Gun/Gu shall order him/her to restore such facilities or land to the original state within a fixed period.
(3) The head of a Si/Gun/Gu shall order any of the following persons to restore facilities or land to the original state within a fixed period:
1. A person who develops and utilizes groundwater without permission, approval, etc. where he/she should obtain permission, approval, etc. for the development and utilization of groundwater pursuant to this Act or other Acts;
2. A person who develops and utilizes groundwater without making a report or after making a false report where he/she should make a report on the development and utilization of groundwater pursuant to this Act or other Acts: Provided, That this shall not apply to a person who makes a report pursuant to this Act in order to continuously use groundwater before the head of a Si/Gun/Gu orders him/her to restore facilities or land.
(4) In any of the following cases, the head of a Si/Gun/Gu shall directly restore relevant facilities and land to the original state on behalf of a person liable for the restoration to the original state, as prescribed by Presidential Decree. In such cases, the head of a Si/Gun/Gu may use a performance guarantee under Article 14 for restoration to the original state under subparagraph 1:
1. Where the restoration of facilities and land to the original state is urgently required as the person liable for the restoration to the original state has not complied with an order to restore the relevant facilities and land to the original state under paragraph (2);
2. Where facilities for the development and utilization of groundwater or facilities for the excavation of land have been abandoned as the person liable for restoration to the original state is unclear.
(5) Matters necessary for the criteria, method, period, etc. for restoration to the original state under paragraphs (1) through (4) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 16 (Orders, etc. to Prevent Pollution of Groundwater)
(1) A person who develops and utilizes groundwater after obtaining permission, approval, etc. or making a report pursuant to this Act or other Acts (including a person who performs an act falling under any of the subparagraphs of Article 13 (1) after obtaining permission under Article 13) shall take necessary measures, such as the installation of facilities for preventing pollution of groundwater, as prescribed by Presidential Decree.
(2) Where the Minister of Environment or the head of a Si/Gun/Gu deems it particularly necessary to prevent the pollution of groundwater, he/she may order a person who installs or manages facilities which pollute or are likely to remarkably pollute groundwater to take measures for preventing the pollution of groundwater, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 16-2 (Prevention, etc. of Pollution by Facilities Causing Groundwater Pollution)
(1) A person (hereinafter referred to as "manager of facilities causing groundwater pollution") who installs or manages any of the following facilities (hereinafter referred to as "facilities causing groundwater pollution"), which pollute or are likely to pollute groundwater remarkably, shall take measures for preventing the pollution of groundwater, measure groundwater quality by installing a groundwater pollution observation well, and report the result of the measurement thereof to the head of a Si/Gun/Gu, as prescribed by Presidential Decree:
1. Facilities installed in a groundwater preservation zone, which are prescribed by Ordinance of the Ministry of Environment;
2. Facilities prescribed by Ordinance of the Ministry of Environment, which are deemed necessary for continuous observation as to whether groundwater has been polluted in order to prevent the pollution of groundwater.
(2) When the pollution of groundwater prescribed by Presidential Decree occurs or is likely to occur in the course of the operation of facilities causing groundwater pollution, the manager of facilities causing groundwater pollution shall take proper measures without delay and report the occurrence thereof to the head of a Si/Gun/Gu. In such cases, the head of a Si/Gun/Gu shall investigate and confirm the content of the report and establish proper measures, such as the prevention of the pollution of groundwater.
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 16-3 (Measures on Manager of Facilities Causing Groundwater Pollution)
(1) Where the quality of groundwater does not conform to standards prescribed by Ordinance of the Ministry of Environment as a result of the measurement of water quality under Article 16-2 (1), the Minister of Environment or the head of a Si/Gun/Gu shall order the manager of facilities which have provided a cause of the pollution thereof to perform water purification works that may restore groundwater quality and to take other necessary measures, as prescribed by Presidential Decree.
(2) Where the manager of facilities causing groundwater pollution fails to comply with an order under paragraph (1) or, after compliance with the order, the level of groundwater pollution of the relevant site and surrounding areas is not lowered within standards for purification of polluted groundwater prescribed by Ordinance of the Ministry of Environment, the Minister of Environment or the head of a Si/Gun/Gu may order him/her to suspend the operation and use of the relevant facilities causing groundwater pollution or to close, dismantle or relocate such facilities.
(3) Matters necessary for the procedure for issuing orders to the manager of facilities causing groundwater pollution under paragraph (1) shall be prescribed by Presidential Decree.
(4) Where it is unclear who is the manager of facilities causing groundwater pollution which have provided a cause of groundwater pollution, or the head of a Si/Gun/Gu deems that it is impracticable for the manager of facilities causing groundwater pollution which have provided a cause of groundwater pollution to perform water purification works, the head of a Si/Gun/Gu may directly perform the relevant water purification works.
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 16-4 (Approval of Plan for Purification of Polluted Groundwater, etc.)
(1) When the manager of facilities causing groundwater pollution purifies polluted groundwater pursuant to Article 16-2 (2) or has been ordered to purify polluted groundwater under Article 16-3 (1), he/she shall purify polluted groundwater in conformity with standards for purification of polluted groundwater prescribed by Ordinance of the Ministry of Environment, and prepare a plan for purification of polluted groundwater, as prescribed by Presidential Decree, and submit it to the head of a Si/Gun/Gu and obtain his/her approval. The same shall also apply to cases where the manager of facilities causing groundwater pollution intends to change important matters prescribed by Ordinance of the Ministry of Environment among approved matters.
(2) Where the head of a Si/Gun/Gu approves a plan for purification of polluted groundwater pursuant to paragraph (1), he/she shall specify the period of performance of purification works.
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 17 (Observation and Survey, etc. of Groundwater)
(1) The Minister of Land, Infrastructure and Transport shall install nationwide groundwater observation facilities (hereinafter referred to as "national observation networks") and conduct a survey on the actual conditions of changes in groundwater level, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The head of a Si/Gun/Gu shall install regional groundwater observation facilities supplementing the national observation networks (hereinafter referred to as "ancillary observation network") in order to grasp and analyze the actual conditions of changes in groundwater level, etc. in the area under his/her jurisdiction, conduct a survey on the actual conditions of changes in groundwater level, etc. and report the result thereof to the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Where the head of a Si/Gun/Gu intends to install an ancillary observation network pursuant to paragraph (2), he/she shall formulate a plan for installation of the ancillary observation network including the location of the observation network, structural drawings, measuring equipment, etc. and notify the Minister of Land, Infrastructure and Transport and the Mayor/Do Governor of such plan: Provided, That where the Mayor of a Special Self-Governing City installs an ancillary observation network, he/she shall notify the Minister of Land, Infrastructure and Transport only of the installation thereof. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11803, May 22, 2013>
(4) The Minister of Land, Infrastructure and Transport and the head of a Si/Gun/Gu shall determine and announce a plan for installation of the observation networks (where the master plan that includes a plan for installation of the observation networks has been publicly announced, the plan for installation of the observation networks shall be deemed announced), specifying the location of the observation networks, structural drawings, items to be measured, etc. under paragraphs (1) and (2), and offer it for public perusal. The same shall also apply where he/she intends to revise the plan for installation of the observation networks. <Amended by Act No. 11690, Mar. 23, 2013>
(5) Where the observation networks under paragraphs (1) and (2) are installed in the area in which the water quality measurement networks under Article 18 are installed, both networks shall be operated reciprocally.
(6) The head of a Si/Gun/Gu shall survey the actual conditions of the use of groundwater, including the quality and quantity of groundwater, etc. in the area under his/her jurisdiction, as prescribed by Presidential Decree, and report the results of such survey to the Minister of Land, Infrastructure and Transport and the relevant Mayor/Do Governor: Provided, That where the Mayor of a Special Self-Governing City has surveyed the actual conditions of the use of groundwater, he/she shall report the result thereof to the Minister of Land, Infrastructure and Transport only. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11803, May 22, 2013>
(7) The Minister of Land, Infrastructure and Transport shall notify the Minister of Environment of the details he/she has been reported pursuant to paragraph (6). <Newly Inserted by Act No. 11803, May 22, 2013>
(8) Where the head of the relevant central administrative agency or the head of a local government has permitted or approved or has been reported the development and utilization of groundwater pursuant to the related Acts, he/she shall notify the head of a Si/Gun/Gu of such development and utilization, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, for surveys on the actual conditions of the use of groundwater under paragraph (6). <Amended by Act No. 11690, Mar. 23, 2013>
(9) Where the Minister of Land, Infrastructure and Transport or the head of a Si/Gun/Gu judges that the groundwater level is continuously lowering as a result of survey on the actual conditions of changes in groundwater level under paragraphs (1) and (2), he/she shall take necessary measures, such as requesting to designate as a groundwater preservation zone, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(10) The Minister of Land, Infrastructure and Transport or the head of a Si/Gun/Gu may require an institution specialized in groundwater surveys to observe groundwater and to conduct a survey on the actual conditions of changes in groundwater level, etc. under paragraphs (1) and (2) on his/her behalf. <Newly Inserted by Act No. 14801, Apr. 18, 2017>
(11) Matters necessary for the installation standards for and the number of observation networks, methods of observation, etc. under paragraphs (1) through (3) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 18 (Measurement of Water Pollution)
(1) The Minister of Environment shall install facilities for groundwater quality measurements (hereinafter referred to as "water quality measurement networks") and measure the actual conditions of groundwater pollution throughout the country in order to preserve groundwater quality, and when he/she completes such measurements, he/she shall notify the Minister of Land, Infrastructure and Transport of the results thereof. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Matters necessary for standards for the installation of the water quality measurement networks, areas where such networks should be installed, etc. shall be prescribed by Ordinance of the Ministry of Environment.
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 18-2 (Expropriation and Use of Land, etc.)
(1) If necessary to install groundwater observation facilities under Article 17 and water quality measurement networks under Article 18, the Minister of Land, Infrastructure and Transport, the Minister of Environment, or the head of a Si/Gun/Gu may expropriate or use land in the relevant areas or objects fixed thereon. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply to procedures for expropriation or use of land under paragraph (1), compensation for losses, etc.
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 19 Deleted. <by Act No. 6368, Jan. 16, 2001>
 Article 20 (Water Quality Testing, etc.)
(1) A person who develops and utilizes groundwater after obtaining permission pursuant to Article 7 or 13 or making a report pursuant to Article 8, who is prescribed by Presidential Decree, shall regularly undergo water quality testing conducted by a specialized testing agency related to groundwater.
(2) Where water quality does not meet water quality standards prescribed by Ordinance of the Ministry of Environment as a result of the water quality testing under paragraph (1), the Minister of Environment or the head of a Si/Gun/Gu may order a person who develops and utilizes groundwater to take necessary measures, such as the suspension of groundwater utilization or water quality improvement, as prescribed by Presidential Decree.
(3) Matters necessary for the items, standards, and procedures for water quality testing and for specialized testing agencies shall be prescribed by Presidential Decree.
(4) A person who has undergone a water quality testing pursuant to paragraph (1) shall keep testing results.
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 21 (Access, Inspections, etc.)
(1) The head of a Si/Gun/Gu may have a person who develops and utilizes groundwater after obtaining permission pursuant to Article 7 or 13 or making a report pursuant to Article 8 and a manager of facilities causing groundwater pollution submit data or make a report on whether he/she has undergone water quality testing under Article 20, water quality testing results, and the conditions of the development and utilization of groundwater, or the conditions of taking measures for the prevention of groundwater pollution under Article 16-2, within a fixed period not exceeding one month.
(2) Where it is impracticable to achieve the purpose of inspection as a result of examination of the content of the submitted data and report under paragraph (1), the head of a Si/Gun/Gu may have a related public official have access to the relevant place of business, etc. to inspect the relevant matters.
(3) Where the head of a Si/Gun/Gu conducts an inspection under paragraph (2), he/she shall inform a person subject to inspection of a plan for inspection including date and time of, reasons for and details of the inspection by not later than seven days before he/she conducts the inspection: Provided, That this may not apply in cases of emergencies or to cases where he/she deems that the purpose of inspection may not be achieved due to the destruction of evidences if he/she is notified in advance.
(4) A public official who conducts an inspection pursuant to paragraph (2) shall produce an identification card indicating his/her identity to the relevant persons, and when he/she has access to a place of business, he/she shall deliver a document stating his/her name, the time and purpose of having access to such place of business, etc. to the relevant persons.
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
CHAPTER IV CONSTRUCTION BUSINESS FOR DEVELOPMENT AND UTILIZATION OF GROUNDWATER
 Article 22 (Registration, etc. of Construction Business for Development and Utilization of Groundwater)
(1) Any person who intends to engage in construction business for the development and utilization of groundwater shall have capital, technological capability, facilities, etc. prescribed by Presidential Decree, and register his/her business with the head of a Si/Gun/Gu having jurisdiction over the seat of his/her main office. The same shall also apply to cases where he/she intends to change matters prescribed by Presidential Decree, such as his/her trade name or title, among the registered matters.
(2) No person other than a construction contractor for the development and utilization of groundwater shall construct facilities for the development and utilization of groundwater and implement the post management thereof under Article 9-5: Provided, That this shall not apply to the following construction works:
1. Construction works which fall under Article 7 (1) 2;
2. Other insignificant construction works prescribed by Presidential Decree.
(3) No construction contractor for the development and utilization of groundwater shall construct facilities for the development and utilization of groundwater without obtaining permission, approval, etc. or making a report in accordance with this Act or other Acts.
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 23 (Grounds for Disqualification)
None of the following persons shall register the construction business for the development and utilization of groundwater: <Amended by Act No. 14801, Apr. 18, 2017>
1. A person under adult guardianship and a person under limited guardianship;
2. A person who was declared bankrupt and has not yet been reinstated;
3. A person in whose case two years have not passed since his/her imprisonment with labor or a heavier punishment, as a court declares by reason of violation of this Act, was completely executed (including cases where the execution is deemed completed) or exempted;
4. A person who is under the suspension of the execution of imprisonment without labor or heavier punishment as declared by a court;
5. A person in whose case two years have not passed since his/her registration of construction business for development and utilization of groundwater was revoked pursuant to Article 25 (1) (excluding the cases where the registration was revoked as he/she falls under subparagraph 1 or 2);
6. A juristic person any of whose executive officers fall under any of subparagraphs 1 through 5.
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 24 (Transfer and Takeover of Construction Business for Development and Utilization of Groundwater)
(1) Where a construction contractor for the development and utilization of groundwater transfers or takes over the construction business for the development and utilization of groundwater or carries out a merger, he/she shall report such transfer, takeover or merger to the head of a Si/Gun/Gu within one month from the date of transfer, the date of takeover or the date of merger, as prescribed by Presidential Decree. <Amended by Act No. 11803, May 22, 2013>
(2) A transferee or a corporation that is newly established or continues to exist after a merger, who has made a report pursuant to paragraph (1), shall succeed to the status of a transferor and a corporation before the merger as a construction contractor for the development and utilization of groundwater, respectively.
(3) Where a construction contractor for the development and utilization of groundwater is deceased and his/her successor succeeds to the status of the construction contractor, the successor shall report thereon to the head of a Si/Gun/Gu within three months from the date of succession, as prescribed by Presidential Decree. <Amended by Act No. 11803, May 22, 2013>
(4) Article 23 shall apply mutatis mutandis to reporting under paragraphs (1) and (3).
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 25 (Revocation, etc. of Registration)
(1) Where a construction contractor for the development and utilization of groundwater falls under any of the following cases, the head of a Si/Gun/Gu may revoke his/her registration: Provided, That where he/she falls under any of subparagraphs 1, 4, 5 and 7, the head of a Si/Gun/Gu shall revoke his/her registration: <Amended by Act No. 14476, Dec. 27, 2016>
1. Where he/she has registered his/her business under Article 22 (1) by unlawful means;
2. Where he/she fails to meet the criteria for registration under Article 22 (1);
3. Where he/she fails to register changes under Article 22 (1) or registers changes by unlawful means;
4. Where he/she falls under any of the subparagraphs of Article 23: Provided, That this shall not apply to cases where a corporation any of whose executive officer falls under any of subpargraphs 1 through 5 of Article 23 replaces such executive officer within three months;
5. Where he/she allows another person to conduct construction business for the development and utilization of groundwater by using his/her trade name or name, or lends a certificate of registration, in violation of Article 26;
6. Where he/she fails to conduct business for at least two consecutive years;
7. Where he/she performs faulty construction works on facilities for the development and utilization of groundwater on purpose or by gross negligence;
8. Where the State or a local government requests the revocation of registration pursuant to the related Acts, such as the National Tax Collection Act or the Local Tax Collection Act.
(2) A construction contractor for the development and utilization of groundwater, who is subject to the revocation of registration pursuant to paragraph (1), may continue to perform the construction works which he/she commenced before such cancellation, as prescribed by Presidential Decree.
(3) Matters necessary for procedures, etc. for the revocation of registration under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 26 (Prohibition, etc. of Name Lending)
No construction contractor for the development and utilization of groundwater shall allow another person to conduct construction business for the development and utilization of groundwater by using his/her trade name or name, or lend his/her registration certificate to another person.
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 26-2 (Establishment of Businessmen's Association)
(1) Enterprises and experts related to the development and utilization of groundwater may establish an association (hereinafter referred to as "Association") for the development of technology and institutional improvement related to the development and utilization of groundwater and for the sound development of the industry.
(2) The Association shall be a juristic person.
(3) In order to establish the Association, the industry related to the development and utilization of groundwater and ten or more related experts shall promote the Association and prepare the articles of incorporation at the inaugural general meeting, and file an application for approval with the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(4) When the Minister of Land, Infrastructure and Transport approves an application under paragraph (3), he/she shall publicly announce the approval thereof. <Amended by Act No. 11690, Mar. 23, 2013>
(5) The Association shall conduct the following affairs: <Amended by Act No. 11690, Mar. 23, 2013>
1. Investigation and research on the development and utilization of groundwater;
2. Technical development and education on the development and utilization of groundwater and the preservation of water quality;
3. Publication of various published materials concerning the development and utilization of groundwater;
4. Affairs entrusted by the Minister of Land, Infrastructure and Transport;
5. Public relations with the people for the preservation and management of groundwater, and inspiration of awareness for environmental protection;
6. Other activities necessary to achieve the purposes of the establishment of the Association.
(6) Matters necessary for the articles of incorporation of the Association, and guidance and supervision of the Association shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(7) Except for matters provided for in this Act, the provisions on incorporated associations of the Civil Act shall apply mutatis mutandis to the Association.
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
CHAPTER V GROUNDWATER IMPACT INVESTIGATION AGENCY
 Article 27 (Registration of Groundwater Impact Investigation Agency)
(1) A person who intends to conduct affairs of groundwater impact investigation required to apply for permission under Article 7 or 13 shall register such affairs with the head of a Si/Gun/Gu having jurisdiction over the seat of his/her main office, as prescribed by Presidential Decree. The same shall also apply to cases where he/she intends to change matters prescribed by Presidential Decree, such as his/her trade name or name, among the registered matters.
(2) Matters necessary for the criteria and procedures for registration under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 28 (Grounds for Disqualification of Groundwater Impact Investigation Agency)
None of the following persons shall file an application for registration under Article 27 (1): <Amended by Act No. 14801, Apr. 18, 2017>
1. A person who falls under any of subparagraphs 1 through 4 of Article 23;
2. A person in whose case two years have not passed since the registration of a groundwater impact investigation agency was revoked pursuant to Article 29 (1) (excluding the cases where the registration was revoked as he/she falls under the subparagraph 1 or 2 of Article 23);
3. A juristic person any of whose executive officer falls under any of subparagraph 1 or 2.
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 29 (Cancellation of Registration of Groundwater Impact Investigation Agency)
(1) Where a person who makes registration under Article 27 (1) (hereinafter referred to as "groundwater impact investigation agency") falls under any of the following cases, the head of a Si/Gun/Gu may cancel the registration of a ground water impact investigation agency: Provided, That where the groundwater impact investigation agency falls under subparagraph 1, 4, 5 or 7, the head of a Si/Gun/Gu shall cancel its registration:
1. Where it has registered by unjust means;
2. Where it fails to register changes under Article 27 (1) or registers changes by unjust means;
3. Where it fails to meet the criteria for registration under Article 27 (2);
4. Where it falls under any of the subparagraphs of Article 28: Provided, That this shall not apply to cases where a corporation any of whose executive officer falls under any of subparagraph 1 or 2 of Article 28 and such executive officer is replaced within three months;
5. Where it allows another person to conduct a groundwater impact investigation by using his/her trade name or name or lends a certificate of registration to another person, in violation of Article 30;
6. Where it subcontracts all the affairs of groundwater impact investigation;
7. Where it conducts a poor groundwater impact investigation on purpose or by gross negligence.
(2) Matters necessary for procedures, etc. for the cancellation of registration under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 29-2 (Registration of Groundwater Purification Business)
(1) A person who intends to engage in groundwater purification business shall have capital, technological capacity, facilities, etc. prescribed by Presidential Decree and register his/her business with the head of a Si/Gun/Gu having jurisdiction over the seat of his/her main office. The same shall also apply to cases where he/she intends to change matters prescribed by Presidential Decree, such as his/her trade name or name, among the registered matters.
(2) Only a person who has registered groundwater purification business may engage in groundwater purification business: Provided, That this shall not apply to insignificant purification works prescribed by Presidential Decree.
(3) Articles 23 through 26 shall apply mutatis mutandis to groundwater purification business. In such cases, "construction business for the development and utilization of groundwater" shall be construed as "groundwater purification business," and "construction contractor for the development and utilization of groundwater" shall be construed as "groundwater purification contractor".
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 30 (Prohibition of Name Lending, etc.)
No groundwater impact investigation agency shall allow another person to conduct a groundwater impact investigation by using its trade name or name, or lend its registration certificate to another person.
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
CHAPTER V-2 GROUNDWATER IMPACT INVESTIGATION AGENCY
 Article 30-2 (Establishment of Special Account for Groundwater Management, etc.)
(1) A Si (including a Special Self-Governing City; hereinafter the same shall apply)/Gun/autonomous Gu may establish a special account for the management of groundwater (hereinafter referred to as "special account") in order to raise funds, etc. required for the proper development and utilization and preservation and management of groundwater within its jurisdiction. <Amended by Act No. 11803, May 22, 2013>
(2) The special account shall be created by the following revenue sources:
1. Subsidies from a Special Metropolitan City, Metropolitan City or Do;
2. Charges for using groundwater under Article 30-3;
3. Money transferred from the general account and other special accounts;
4. Loans;
5. Gains generated from the management of funds referred to in subparagraphs 1 through 4;
6. Deposits of performance guarantees under paragraph (3);
7. Administrative Fines under Articles 39 and 40.
(3) Where performance guarantees deposited pursuant to Article 14 are cash, they shall be deposited in the special account.
(4) The special account shall be used for the following purposes:
1. Surveys on groundwater under Article 5;
2. Formulation and execution of regional management plans;
3. Management of groundwater preservation zones;
4. Restoration under Article 15;
5. Purification works for polluted groundwater under Article 16-3;
6. Installation and operation of ancillary observation networks, and investigation on the actual conditions of utilization of groundwater under Article 17;
7. Redemption of loans under paragraph (2) 4;
8. Repayment of deposits of performance guarantees under paragraph (3);
9. Making up fees for water quality testing under Article 33 (2);
10. Other projects for the purposes prescribed by Presidential Decree, which are necessary for the preservation and management of groundwater.
(5) Necessary matters concerning the compilation of the budget, settlement of accounts and management of the special account shall be prescribed by municipal ordinance of a Si/Gun/autonomous Gu.
(6) Where the head of a Si/Gun/Gu formulates a plan for the use of the special accounts every year or revises such plan he/she has formulated (excluding alteration of insignificant matters prescribed by Presidential Decree), he/she shall report such plan or revised plan to the Minister of Land, Infrastructure and Transport and the Mayor/Do Governor, as prescribed by Presidential Decree: Provided, That the Mayor of a Special Self-Governing City shall report such plan or revised plan to the Minister of Land, Infrastructure and Transport only. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11803, May 22, 2013>
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 30-3 (Imposition and Collection of Charges for Using Groundwater)
(1) In order to raise funds needed for the proper development, utilization, preservation and management of groundwater, the head of a Si/Gun/Gu may impose charges for using groundwater on a person who develops and utilizes groundwater after obtaining permission pursuant to Article 7 or making a report pursuant to Article 8 and collect such charges from him/her: Provided, That this shall not apply to any of the following cases: <Amended by Act No. 13383, Jun. 22, 2015>
1. Cases falling under Article 8 (1) 1, 3 and 4;
2. Where groundwater is developed and utilized for the purpose of farming under subparagraph 1 of Article 3 of the Framework Act on Agriculture, Rural Community and Food Industry and the fishing business under subparagraph 1 (a) of Aricle 3 of the Framework Act on Fisheries and Fishing Villages Development;
3. Where groundwater is developed and utilized, aiming at engaging in general water supply business under subparagraph 19 of Article 3 of the Water Supply and Waterworks Installation Act;
4. Where a fee for using river water is imposed pursuant to Article 50 (6) of the River Act;
5. Where groundwater is developed and utilized for purposes and on a scale prescribed by Presidential Decree, other than the cases referred to in subparagraphs 1 through 4.
(2) Charges for using groundwater under paragraph (1) shall be prescribed by municipal ordinance of a Si/Gun/autonomous Gu within the limits of 50 percent of the amount equivalent to charges for using water under Article 19 of the Act on the Improvement of Water Quality and Support for Residents of the Han River Basin, in consideration of groundwater intake, uses, etc. <Amended by Act No. 11803, May 22, 2013>
(3) Necessary matters concerning the detailed methods of calculation, imposition and collection, and procedures for payment of charges for using groundwater under paragraphs (1) and (2) shall be prescribed by municipal ordinance of a Si/Gun/autonomous Gu.
(4) Where a person who is liable to pay charges for using groundwater pursuant to paragraph (1) fails to pay charges for using groundwater by the deadline for payment, the head of a Si/Gun/Gu shall collect additional charges. In such cases, Articles 14 and 30 of the Local Tax Collection Act shall apply mutatis mutandis to additional charges. <Newly Inserted by Act No. 11803, May 22, 2013; Act No. 14476, Dec. 27, 2016>
(5) Where a person who is liable to pay charges for using groundwater under paragraph (1) or additional charges under paragraph (4) fails to pay such charges by the deadline for payment, the head of a Si/Gun/Gu shall collect the charges pursuant to the Act on the Collection, etc. of Local Non-Tax Revenue. <Amended by Act No. 11803, May 22, 2013; Act No. 11998, Aug. 6, 2013>
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
CHAPTER VI SUPPLEMENTARY PROVISIONS
 Article 31 (Access to Land of Others, etc.)
(1) When it is necessary for investigation, purification, observation, or measurement under Article 5, 7 (including cases applied mutatis mutandis pursuant to Article 13 (3)), 16-4, 17, or 18, the head of the relevant administrative agency, an institution specialized in surveys of groundwater, a groundwater impact investigation agency, or a groundwater purification contractor may have access to land of others or may temporarily use land of others, and, if specially necessary, may alter or remove bamboos and trees, earth and rocks, or other obstacles.
(2) Where an institution specialized in surveys of groundwater, a groundwater impact investigation agency, or a groundwater purification contractor intends to have access to land of others pursuant to paragraph (1), it shall obtain permission from the head of a Si/Gun/Gu and notify the owner, occupant, or manager of the relevant land of the date and time and place of such access by not later than three days before it intends to have access to such land.
(3) Where the head of the relevant administrative agency, an institution specialized in surveys of groundwater, a groundwater impact investigation agency, or a groundwater purification contractor intends to temporarily use land of others or to alter or remove bamboos and trees, earth and rocks, or other obstacles pursuant to paragraph (1), it shall obtain consent from the owner, occupant, or manager of the relevant land: Provided, That where it cannot obtain consent from the owner, occupant or manager of land or obstacles because he/she is not at the spot or his/her domicile or residence is unclear, it may temporarily use land of others or may alter or remove obstacles by obtaining permission from the head of a Si/Gun/Gu.
(4) No person shall have access to land of others, enclosed by a wall or fence, without consent from the occupant of land before sunrise and after sunset.
(5) A person who intends to perform an act under paragraph (1) shall produce an identification card indicating his/her authority or permit card to the relevant persons.
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 32 (Compensation for Loss)
(1) Where a person who performs an act under Article 31 (1) inflicts losses on another person due to having access to land, temporary use of land, or alteration or removal of obstacles, he/she shall give due compensation to the person who suffers losses.
(2) A person who is to give compensation for loss and another person who suffers losses shall agree on compensation for loss under paragraph (1).
(3) Where both parties fail to come to an agreement under paragraph (2) or cannot reach an agreement, the relevant parties may apply for decision to the competent Land Expropriation Committee.
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 33 (Fees)
(1) A person who intends to file an application for permission, testing or registration falling under any of the following shall pay fees to the head of a Si/Gun/Gu (in cases referred to in subparagraph 3, referring to an institution specialized in testing related to groundwater under Article 20 (1)), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport in cases referred to in subparagraph 1, 2, 4, or 5, or as prescribed by Ordinance of the Ministry of Environment in cases referred to in subparagraph 3 or 6: <Amended by Act No. 11690, Mar. 23, 2013>
1. Permission for the development and utilization of groundwater under Article 7 (1) or permission for changes under Article 7 (6);
2. Permission for the development and utilization of groundwater under Article 13 (1) 1;
3. Water quality testing under Article 20 (1);
4. Registration of construction business for the development and utilization of groundwater or registration for changes under Article 22 (1);
5. Registration of a groundwater impact investigation agency or registration of changes under Article 27 (1);
6. Registration of groundwater purification business or registration of changes under Article 29-2.
(2) Notwithstanding paragraph (1), in any of the following cases, fees under the said paragraph may be reduced or exempted: Provided, That fees referred to in paragraph (1) 3 may be reduced or exempted, as prescribed by municipal ordinance of a local government, however, the relevant local government shall make up the difference of expenses for water quality testing due to the reduction of or exemption from fees to an institution specialized in testing related to groundwater by utilizing the special account for the management of groundwater under Article 30-2:
1. Where a person who intends to apply for permission, testing or registration referred to in the subparagraphs of paragraph (1) is the State or a local government;
2. Where a person who intends to apply for testing referred to in paragraph (1) 3 uses groundwater as drinking water in his/her daily life for home use in an area where tap water is not supplied.
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 34 (Reporting, Inspection, etc.)
(1) When it is required to ascertain whether requirements for registration and statutes are violated, or a civil complaint, etc. is filed, the head of a Si/Gun/Gu may have a construction contractor for the development and utilization of groundwater, a groundwater impact investigation agency or a groundwater purification contractor submit necessary data or make a report within a fixed period not exceeding one month.
(2) Where it is impracticable to achieve the purpose of inspection as a result of the examination of the content of submitted data and a report under paragraph (1), the head of a Si/Gun/Gu may have the relevant public officials have access to the relevant place of business to inspect the relevant matters.
(3) When the head of a Si/Gun/Gu conducts an inspection under paragraph (2), he/she shall advise a person subject to inspection of a plan for inspection including the date and time of, reasons for and the content of such inspection by not later than seven days before he/she conducts the inspection: Provided, That this shall not apply in cases of emergencies or to cases where he/she deems that he/she cannot achieve the purpose of inspection due to the destruction of evidence, etc. if he/she advises in advance.
(4) A public official who conducts an inspection pursuant to paragraph (2) shall produce an identification card indicating his/her authority to the relevant persons, and when he/she has access to a place of business, he/she shall deliver a document stating his/her name, the time and the purpose of having access to the place of business, etc. to the relevant persons.
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 34-2 (Education, etc.)
(1) The Minister of Land, Infrastructure and Transport may formulate and promote policies on education and training of engineers when necessary for the efficient utilization and improvement of technical capability of technological human resources related to the development and utilization of groundwater. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Workers and engineers in the business related to the development and utilization of groundwater shall receive education and training conducted by the Minister of Land, Infrastructure and Transport, and matters necessary for those subject to education, the content of education, educational institutions, etc. shall be prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(3) The Minister of Land, Infrastructure and Transport may entrust affairs of education and training under paragraphs (1) and (2) to an institution or organization prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 35 (Hearings)
Where the head of a Si/Gun/Gu intends to make any of the following dispositions, he/she shall hold a hearing:
1. Revocation of permission for the development and utilization of groundwater under Article 10 (1) (including cases applied mutatis mutandis pursuant to Article 13 (3));
2. Cancellation of registration of construction business for the development and utilization of groundwater under Article 25 (1) (including cases applied mutatis mutandis pursuant to Article 29-2 (3));
3. Cancellation of registration of a groundwater impact investigation agency under Article 29 (1).
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 36 (Delegation of Authority)
(1) The Minister of Land, Infrastructure and Transport or the Minister of Environment may partially delegate his/her authority under this Act to the head of an agency under his/her control or to a Mayor/Do Governor, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(2) A Mayor/Do Governor may partially delegate his/her authority under this Act to the head of a Si/Gun/Gu.
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 36-2 (Vicarious Execution)
Where a person who is ordered to close facilities under Articles 8 (3) and 9 (2) (including cases applied mutatis mutandis pursuant to Article 13 (3)), to restore facilities or land to the original state under Article 15 (3), or to perform purification works under Article 16-3 (1) and (2) fails to comply with such order, the Minister of Environment or the head of a Si/Gun/Gu shall perform such works for him/her, as prescribed by the Administrative Vicarious Execution Act and collect expenses incurred therein from the violator of such order.
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
CHAPTER VII PENALTY PROVISIONS
 Article 37 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for at least three years or by a fine not exceeding 30 million won: <Amended by Act No. 12990, Jan. 6, 2015>
1. A person who develops and utilizes groundwater without obtaining permission under Article 7 (1) or with permission obtained by improper means;
2. A person who performs any of the following acts referred to in Article 13 (1) without obtaining permission under Article 13 (1) or with permission obtained by unjust means;
3. A person who violates an order to prevent the pollution of groundwater under Article 16 (2);
4. A person who fails to comply with an order to purify groundwater pollutants under Article 16-3 (1), or to suspend the operation and use, or to close down, dismantle or remove facilities causing groundwater pollution under Article 16-3 (2);
5. A person who engages in construction business for the development and utilization of groundwater, affairs of groundwater impact investigation, or groundwater purification business, without making registration under Article 22 (1), 27 (1) or 29-2 (1) or after making registration by unjust means;
6. A construction contractor for the development and utilization of groundwater who constructs facilities for the development and utilization of groundwater without obtaining permission, approval, etc., in violation of Article 22 (3).
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 37-2 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for at least two years or by a fine not exceeding 20 million won: <Amended by Act No. 12990, Jan. 6, 2015>
1. A groundwater impact investigation agency that prepares a false groundwater impact inspection report under Article 7 (2);
2. A person who fails to take measures for preventing groundwater pollution under Article 16 (1);
3. A person who fails to take measures for preventing pollution, to install an observation well, or to measure water quality under Article 16-2 (1);
4. A person who fails to make a report on the occurrence of pollution, or to take measures for preventing pollution under Article 16-2 (2).
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 37-3 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for at least one year or by a fine not exceeding ten million won: <Amended by Act No. 12990, Jan. 6, 2015>
1. A person who fails to observe the limits of the collection volume of groundwater under Article 7 (3);
2. A person who develops and utilizes groundwater without obtaining permission for changes under Article 7 (6) (including cases applied mutatis mutandis pursuant to Article 13 (3)) or after obtaining permission for changes by unlawful means;
3. A person who fails to observe the limits of the volume and period of water collection, or to comply with an order to take a corrective action, an order to suspend the utilization of groundwater, an order to jointly utilize groundwater, or an order to close down facilities under Article 8 (3);
4. A person who fails to comply with an order to close down facilities under Article 9 (2) (including cases applied mutatis mutandis pursuant to Article 13 (3));
5. A person who fails to take measures to reduce the outflowing groundwater under Article 9-2 (1), to formulate a plan for the utilization thereof under Article 9-2 (2), or to comply with an order to make improvements under paragraph (3) of the same Article;
6. A person who fails to comply with an order to improve facilities or to take necessary measures under Article 9-4 (3);
7. A person who performs purification works without obtaining approval of a purification plan or approval for changes under Article 16-4 (1);
8. A person who engages in construction business for the development and utilization of groundwater, groundwater impact investigation, or groundwater purification business without making registration of changes under Article 22 (1), 27 (1) or 29-2 (1) or after making registration of changes by improper means;
9. A construction contractor for the development and utilization of groundwater who violates Article 26 (including cases applied mutatis mutandis pursuant to Article 29-2 (3)), a groundwater impact investigation agency that violates Article 30, or the other party to whom a groundwater purification contractor lends his/her name or lends his/her certificate of registration.
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 38 (Joint Penalty Provisions)
If the representative of a corporation, or an agent or employee of, or any other person employed by, a corporation or an individual commits an offense referred to in Article 37, 37-2 or 37-3 in connection with the business affairs of the said corporation or individual, not only shall such offender be punished, but also the juristic person or individual shall also be punished by a fine referred to in the relevant Article: Provided, That this shall not apply where the corporation or individual has not negligent in giving due attention and supervision concerning the relevant affairs in order to prevent such offense.
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 38-2 Deleted. <by Act No. 6368, Jan. 16, 2001>
 Article 39 (Administrative Fines)
Any of the following persons shall be punished by an administrative fine not exceeding five million won: <Amended by Act No. 11803, May 22, 2013>
1. A person who fails to make a report under Article 8 (1) or makes a false report;
1-2. A person who fails to report measures for the reduction of groundwater outflow under Article 9-2 (1);
2. A person who fails to report a plan for the utilization of groundwater under Article 9-2 (2);
3. A person who fails to report completion of the development and utilization of groundwater under Article 9-3 (referring to cases due to the reasons referred to in Article 15 (1) 3 through 5);
4. A person who excavates land without making a report on excavation under Article 9-4 (1);
5. A person who fails to report completion under Article 9-4 (1);
6. A person who makes a false report on completion of the implementation of post management under Article 9-5 (2) or fails to comply with orders issued by the head of a Si/Gun/Gu to take corrective measures, or to take necessary measures, such as the suspension of utilization, under paragraph (3) of the same Article;
7. A person who fails to deposit a performance guarantee under Article 14;
8. A person who fails to reinstate facilities or land or to comply with an order to restore facilities or land to the original state under Article 15;
9. A person who fails to report the result of water quality measurement under Article 16-2 (1) or makes a false report;
10. A person who fails to undergo water quality testing under Article 20 (1);
11. A person who fails to comply with orders to take measures, such as the suspension of the utilization of groundwater or water quality improvement, under Article 20 (2);
12. A person who refuses, interferes with or evades an inspection under Article 21 (2) or 34 (2);
13. A construction contractor for the development and utilization of groundwater, who constructs facilities for the development and utilization of groundwater without making a report, in violation of Article 22 (3);
14. A person who refuses, interferes with or avoids access, etc. under Article 31 (1).
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 40 (Administrative Fines)
Any of the following persons shall be punished by an administrative fine not exceeding three million won: <Amended by Act No. 11803, May 22, 2013>
1. Deleted; <by Act No. 11803, May 22, 2013>
2. A person who fails to report changes under Article 8 (2) or makes a false report on changes;
3. A person who fails to make a report on completion of construction under Article 9 (1) (including cases applied mutatis mutandis pursuant to Article 13 (3));
3-2. A person who fails to report the fact of succession under Article 11 (3) or makes a false report;
4. A person who fails to keep the results of water quality testing under Article 20 (4);
5. A person who fails to make a report under Article 21 (1) or to submit data under Article 34 (1), or makes a false report or submits false data;
6. A person who fails to report the transfer or takeover of construction business for the development and utilization of groundwater, or groundwater purification business under Article 24 (1) or (3) (including cases applied mutatis mutandis pursuant to Article 29-2 (3)), or makes a false report;
7. A person who performs an act under Article 31 (1) without obtaining permission under Article 31 (2), or without obtaining consent or giving notification under Article 31 (3).
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
 Article 41 (Procedures for Imposition and Collection of Administrative Fines)
The head of a Si/Gun/Gu shall impose and collect administrative fines under Articles 39 and 40, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10763, May 30, 2011]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the day of its promulgation: Provided, That the provisions of Chapter IV (Articles 22 through 26) shall enter into force on January 1, 1998.
Article 2 (Applicability to Deposit of Guaranty Money)
The provisions of Article 14 shall be applied to the first person who will obtain the relevant permit or authorization, etc. or make the relevant report in accordance with the provisions of this Act or other Acts for the first time after this Act enters into force.
Article 3 (Transitional Measures concerning Report on Development and Utilization of Groundwater)
The person, who made the report on development and utilization of groundwater in accordance with the former provisions concerned at the time this Act enters into force, shall be regarded as having obtained the permit or having made the report prescribed in Article 7 or 8.
Article 4 Omitted.
Article 5 (Relations to Other Statutes)
Where other statutes have quoted some provisions of the former Groundwater Act at the time this Act enters into force and where there are, in this Act, provisions corresponding to the quoted ones, the provisions in this Act shall be regarded as having been quoted instead of the actually quoted ones.
ADDENDA <Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Act No. 5955, Mar. 31, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Registration of Groundwater Impact Investigation Agency)
The groundwater impact investigation agency designated under the previous provisions of Article 27 at the time when this Act enters into force, shall be deemed to be that registered under the amended provisions of Article 27.
Article 3 (Transitional Measures concerning Change of Persons Having Authority to Permit)
At the time when this Act enters into force, any permission granted or other various acts taken by the Mayor/Do Governor, or any report submitted to or other various acts taken toward the Mayor/Do Governor under the previous provisions, shall be deemed to be acts taken by or toward the head of Si/Gun under this Act.
Article 4 (Transitional Measures concerning Administrative Disposition)
The previous provisions shall apply to an administrative disposition with respect to an act before this Act enters into force.
Article 5 (Transitional Measures concerning Penalty Provisions, etc.)
The application of penalty provisions and an administrative fine to an act committed before this Act enters into force, shall be subject to the former provisions.
ADDENDA <Act No. 6368, Jan. 16, 2001>
(1) (Enforcement Date) This Act shall enter into force ten months after the date of its promulgation: Provided, That the amendment to Article 29-2 shall enter into force on July 1, 2002.
(2) (Transitional Measures concerning Validity Term of Permission for Development and Utilization of Groundwater) The validity term of the permission for the development and utilization of groundwater set forth by the previous provisions at the time of enforcement of this Act shall be governed by the previous provisions, notwithstanding the amendments to Article 7-3: Provided, That where no validity term is fixed, the relevant validity term shall be for five years from the date of enforcement of this Act.
(3) (Transitional Measures concerning Utilization of Groundwater) The person who develops and utilizes groundwater without making a report at the time of enforcement of this Act, who comes to be subject to a report under Article 8 (1), shall make a report to the head of a Si/Gun within one year from the date of enforcement of this Act, under the conditions as prescribed by the Presidential Decree.
(4) (Transitional Measures concerning Flowing-Out Groundwater) The person who has installed the underground excavation facilities falling under Article 9-2 (1) at the time of enforcement of this Act shall make a report thereon by devising the utilization plans under paragraph (2) of the same Article within 6 months from the date of enforcement of this Act.
(5) (Transitional Measures for Penalty Provisions, etc.) In applying the penalty provisions and the administrative fine to the acts committed before the enforcement of this Act, the previous provisions shall govern.
(6) Omitted.
ADDENDA <Act No. 6655, Feb. 4, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2003.
Articles 2 through 25 Omitted.
ADDENDA <Act No. 6656, Feb. 4, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2003.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 7459, 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. 7569, May 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Construction Work for Development and Utilization Facilities of Groundwater)
(1) In case the facilities for the development and utilization of groundwater are under construction as prescribed in the previous Article 22 (3) 1 through 3, or the groundwater purification business is underway as prescribed in the previous Article 29-2 (2) 1 or 2 at the time of enforcement of this Act, the amended provisions of Article 22 (3) 1 through 3, or 29-2 (2) 1 or 2 shall not apply until such construction work or business is completed.
(2) In case a construction businessman for the development and utilization of groundwater constructs the facilities for the development and utilization of groundwater at the time of enforcement of this Act, the amended provisions of Article 22 (4) shall not apply until such construction work is completed.
Article 3 (Transitional Measures concerning Penalty Provisions, etc.)
In applying the penalty provisions or administrative fines to the acts committed prior to enforcement of this Act, the previous provisions shall apply.
Article 4 Omitted.
ADDENDA <Act No. 7849, Feb. 21, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006.
Articles 2 through 41 Omitted.
ADDENDUM <Act No. 7924, Mar. 24, 2006>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 8014, Sep. 27, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDA <Act No. 8370, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 20 Omitted.
ADDENDA <Act No. 8466, May 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9058, Mar. 28, 2008>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2) (Transitional Measure concerning Administrative Fines) The application of an administrative fine to any conduct prior to this Act enters into force shall comply with the former provisions.
ADDENDA <Act No. 9717, May 27, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 10154, Mar. 22, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10219, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 10599, Apr. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 10763, May 30, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 6 (4), 7-2, 14 (1), 38 and 41 shall enter into force on the date of its promulgation, and the amended provisions of Articles 30-2 (4) 9 and 33 (2) shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Reduction of or Exemption from Fees for Water Quality Testing)
The amended provisions of Article 33 (2) shall apply from the first water quality testing for which a person who applies for water quality testing after this Act enters into force pays a fee.
Article 3 (Transitional Measures concerning Consultation on Permission for Development and Utilization of Groundwater in Vicinity of Rivers)
Where the head of a Si/Gun/Gu filed an application for consultation with the management authority of a river before the amended provisions of Article 7-2 enter into force but the consultation has not been completed, he/she shall be deemed to have filed an application for consultation with the Minister of Land, Transport and Maritime Affairs.
Article 4 Omitted.
ADDENDUM <Act No. 11192, Jan. 17, 2012>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11803, May 22, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Reporting of Measures for Reduction of Groundwater Outflow)
The amended provision of Article 9-2 (1) shall apply beginning with cases where a person formulates measures for the reduction of groundwater outflow after this Act enters into force.
Article 3 (Applicability to Additional Charges)
The amended provisions of Article 30-3 (4) and (5) shall apply beginning with cases where the head of a Si/Gun/Gu imposes charges for using groundwater after this Act enters into force.
ADDENDA <Act No. 11862, Jun. 4, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2015.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 11998, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended pursuant to Article 6 of the Addenda, amendments to Acts, which were promulgated before this Act enters into force but their enforcement dates have yet to arrive, shall enter into force on the enforcement date of the respective Act.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 12990, Jan. 6, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13383, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 4 Omitted.
ADDENDA <Act No. 14476, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 though 5 Omitted.
ADDENDA <Act No. 14532, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That amendments to the Acts which were promulgated before this Act enters into force but the enforcement dates of which have not yet arrived, among the Acts amended by Article 6 of the Addenda, shall enter into force on the enforcement dates of the respective Acts.
Articles 2 though 7 Omitted.
ADDENDA <Act No. 14801, Apr. 18, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Grounds for Disqualification of Construction Business for Development and Utilization of Groundwater and Groundwater Impact Investigation Agencies)
The amended provisions of subparagraph 5 of Article 23 and subparagraph 2 of Article 28 shall apply beginning with a person filing an application for registration of construction business for development and utilization of groundwater or registration of a groundwater impact investigation agency after this Act enters into force.
Article 3 (Transitional Measures concerning Incompetent Persons, etc.)
A person under adult guardianship or a person under limited guardianship under the amended provisions of subparagraph 1 of Article 23 shall be deemed to include persons in whose case the declaration of incompetency or quasi-incompetency remains effective pursuant to Article 2 of the Addenda to the Civil Act (Act No. 10429).
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation: Provided, That amendments to the Acts which were promulgated before this Act enters into force but the enforcement dates of which have not yet arrived, among the Acts amended by Article 5 of the Addenda, shall enter into force on the enforcement dates of the respective Acts.
Articles 2 though 6 Omitted.