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ASBESTOS SAFETY MANAGEMENT ACT

Act No. 10613, Apr. 28, 2011

Amended by Act No. 11690, Mar. 23, 2013

Act No. 12460, Mar. 18, 2014

Act No. 13877, Jan. 27, 2016

Act No. 13859, Jan. 27, 2016

Act No. 14232, May 29, 2016

Act No. 14567, Feb. 8, 2017

Act No. 15097, Nov. 28, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to protect citizens from harm to their health by asbestos and enable citizens to live in a healthier and more comfortable environment by ensuring the safe management of asbestos.
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows: <Amended by Act No. 14232, May 29, 2016>
1. The term "asbestos" means a silicate mineral forming naturally in a fibrous form as specified by Ordinance of the Ministry of Environment;
2. The term "asbestos-containing product" means a product that contains asbestos, excluding products made by processing and transforming a material suspected of containing asbestos under Article 11 (1);
3. The term "development project" means any of the following projects that is executed with approval, a permit, license, or similar disposition by the central government or a local government (including acceptance of a report; hereinafter referred to as "approval, etc.") and that is specified by Presidential Decree as one in which asbestos is scattered or is likely to be scattered:
(a) A projects subject to environmental impact assessment under Article 22 of the Environmental Impact Assessment Act;
(b) A project subject to mini environmental impact assessment under Article 43 of the Environmental Impact Assessment Act;
(c) Other project in which the management of asbestos is required in the construction of a building or the collection of soil and rocks;
4. The term "approval authority" means an authority that has the power to grant approval, etc. for a development project;
5. The term "building asbestos map" means a map that indicates the location, area, and state of asbestos-containing materials in the ceiling, floor, walls, pipes, and fences of a building;
6. The term "asbestos building material" means a building material containing asbestos as specified by Ordinance of the Ministry of Environment.
 Article 3 (Responsibilities of Central Government, etc.)
(1) The central government and each local government shall formulate and implement policies necessary for the safety management of asbestos in order to prevent harms caused by asbestos to the environment and the health of citizens.
(2) A business entity shall take measures necessary for preventing harms causable by asbestos to the environment and the health of citizens in the course of its business activities and shall participate and cooperate actively in policies of the central government and each local government.
(3) All citizens shall cooperate actively with the central government and each local government so that policies formulated and implemented thereby can be carried out smoothly.
 Article 4 (Relationship to Other Acts)
(1) Except as otherwise provided for in this Act, the management of asbestos shall be governed by the Occupational Safety and Health Act, the Food Sanitation Act, the Wastes Control Act, the Electrical Appliances and Consumer Products Safety Control Act, the School Health Act, and other relevant Acts. <Amended by Act No. 13859, Jan. 27, 2016>
(2) Where it is intended to enact or amend any Act in regard to the management of asbestos, such Act shall be made consistent with this Act.
CHAPTER II MASTER PLANS FOR MANAGEMENT OF ASBESTOS, ETC.
 Article 5 (Formulation of Master Plans for Asbestos Management)
(1) The Government shall formulate and implement a master plan for asbestos management (hereinafter referred to as "master plan") every five years and may hear opinions from the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") or relevant experts, when formulating a master plan. <Amended by Act No. 15097, Nov. 28, 2017>
(2) A master plan shall include the following:
1. The basic objectives and direction-setting for the management of asbestos;
2. Major action plans for the management of asbestos;
3. The current status and future prospects of the management of asbestos;
4. A scheme for financing various projects for the management of asbestos;
5. Other matters specified by Presidential Decree for the management of asbestos.
(3) The procedure for the establishment of master plans and other necessary matters shall be prescribed by Presidential Decree.
 Article 6 (Establishment, etc. of Implementation Plans)
(1) The Minister of Environment, the head of each related central administrative agency, and each Mayor/Do Governor shall establish and execute a detailed plan for each sector or each region (hereinafter referred to as "implementation plan") every year in order to execute a master plan.
(2) The Minister of Environment may request the head of a related central administrative agency to submit its implementation plan for the relevant year and data about the results of execution of the implementation plan for the previous year. In such cases, the head of a related central administrative agency shall comply with such request, unless there exists an exceptional circumstance.
(3) Each Mayor/Do Governor shall submit its implementation plan for the relevant year and data about the results of execution of the implementation plan for the previous year to the Minister of Environment.
(4) The procedure for the establishment of implementation plans, the time frames for submitting data under paragraphs (2) and (3), the method for submission of such documents, and other necessary matters shall be prescribed by Presidential Decree.
 Article 7 (Fact-Finding Survey)
(1) The Minister of Environment, the head of a related central administrative agency, or a Mayor/Do Governor shall conduct a fact-finding survey on the use and management of asbestos in order to formulate and execute master plans and implementation plans efficiently. <Amended by Act No. 13877, Jan. 27, 2016>
(2) The Minister of Environment, the head of a related central administrative agency, or a Mayor/Do Governor shall make public the result of a fact-finding survey under paragraph (1). <Newly Inserted by Act No. 13877, Jan. 27, 2016>
(3) When the Minister of Environment, the head of a related central administrative agency, or a Mayor/Do Governor conducts a fact-finding survey under paragraph (1), he/she may request the head of a related central administrative agency or the head of a public institution under Article 4 of the Act on the Management of Public Institutions to submit data or present his/her opinion. In such cases, those so requested shall comply therewith in the absence of justifiable reasons to the contrary. <Amended by Act No. 13877, Jan. 27, 2016>
(4) If deeming it necessary for enhancing the objectiveness and efficiency of a fact-finding survey under paragraph (1), the Minister of Environment shall conduct a fact-finding survey jointly with the head of a related administrative agency and private organizations, etc.
(5) The scope and method of fact-finding surveys under paragraphs (1), (2), and (4) and matters necessary for publishing the result of such surveys shall be prescribed by Presidential Decree. <Amended by Act No. 13877, Jan. 27, 2016>
CHAPTER III MANAGEMENT OF ASBESTOS-CONTAINING PRODUCTS, ETC.
 Article 8 (Prohibition, etc. of Use of Asbestos, etc.)
(1) No one shall manufacture, import, transfer, provide, or use (hereinafter referred to as "use, etc.") asbestos or an asbestos-containing product (hereinafter referred to as "asbestos, etc."): Provided, That cases in which the use of asbestos, etc. is prohibited or permitted by an Act or a subordinate statute specified in the attached Table shall be governed by the relevant Act or subordinate statutes.
(2) In order to inspect the actual status of use, etc. of asbestos, etc., the head of a related central administrative agency or a Mayor/Do Governor may collect and examine the asbestos, etc.
(3) Where the head of a related central administrative agency or a Mayor/Do Governor discovers as a result of examination under paragraph (2) that a person has made use, etc. of asbestos, etc. in violation of paragraph (1), he/she may order the person to recall the relevant product or to discontinue the sale of the product, as prescribed by Presidential Decree.
(4) The head of a related central administrative agency or a Mayor/Do Governor may disclose the results of examination under paragraph (2) to the public, as prescribed by Presidential Decree.
(5) Matters subject to examination under paragraph (2), the method of examination, and other necessary matters shall be prescribed by Presidential Decree.
 Article 9 (Self-Measurement)
(1) Any person who intends to import asbestos, etc. pursuant to Acts or subordinate statues specified in the attached Table, shall verify and examine on his/her own whether the relevant asbestos contains asbestos before filing an import declaration and any person who intends to manufacture or sell asbestos, etc. shall do so before starting to use or sell the asbestos, etc. and he/she shall request institutions examining asbestos (hereinafter referred to as "institutions examining asbestos") prescribed in the main sentence of Article 38-2 (2) of the Occupational Safety and Health Act to conduct verification and research, and record and keep the results thereof. <Amended by Act No. 15097, Nov. 28, 2017>
(2) Matters subject to examination under paragraph (1), the method of examination, the method of keeping and preserving records, and other necessary matters shall be prescribed by Ordinance of the Ministry of Environment.
 Article 10 (Designation of Materials Suspected of Containing Asbestos)
(1) The Minister of Environment may examine talc or other minerals known as one that potentially contains asbestos naturally as a consequence of a geological process, in order to find whether it contains asbestos and whether it is likely to harm the human body.
(2) The Minister of Environment may consult with the head of a related central administrative agency on minerals that are likely to harm the human body as a result of examination under paragraph (1) and designate and give public notice of them as materials suspected of containing asbestos.
(3) The guidelines and procedure for the designation and public notification under paragraph (2) and other necessary matters shall be prescribed by Presidential Decree.
 Article 11 (Management of Materials Likely to Contain Asbestos)
(1) A person who intends to import or manufacture a material designated and publicly notified as a mineral suspected of containing asbestos pursuant to Article 10 (2) (hereinafter referred to as "material suspected of containing asbestos") in the form of a raw material for products shall obtain approval from the Minister of Environment therefor, as prescribed by Presidential Decree: Provided, That the foregoing shall not apply where a person has obtained approval or a permit from another administrative agency with regard to the import or manufacturing of a material suspected of containing asbestos in accordance with an Act or a subordinate statute specified in the attached Table.
(2) Upon receipt of an application for approval pursuant to paragraph (1), the Minister of Environment shall not approve a material suspected of containing asbestos that contains asbestos in excess of the standards prescribed by Presidential Decree.
(3) Where any person who has obtained approval pursuant to paragraph (1) intends to process or transform materials likely to contain asbestos, he/she shall report a work plan or work process etc. to the Special Self-Governing City Mayor, Special Self-Governing Province Governor or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply), as prescribed by Ordinance of the Ministry of Environment. <Amended by Act No. 15097, Nov. 28, 2017>
(4) Where a person who has filed a report in accordance with paragraph (3) processes and transforms a material suspected of containing asbestos, he/she shall observe the standards for the permitted emission of asbestos at a job site under Article 28 (1) in order to prevent air pollution caused by scattered asbestos in the course of processing and transforming the material.
(5) Where a person who has filed a report in accordance with paragraph (3) fails to observe the standards for the permitted emission of asbestos at a job site under paragraph (4), the competent Special Self-Governing Province Governor or the head of the competent Si/Gun/Gu may order him/her to discontinue his/her works, as prescribed by Presidential Decree.
(6) No material suspected of containing asbestos that is processed and transformed in accordance with paragraph (3) shall contain asbestos in excess of the standards prescribed and publicly notified jointly by the Minister of Environment and the Minister of Employment and Labor with regard to the permitted content of asbestos, taking into consideration its purpose of use and its impact on the human body.
(7) If a material suspected of containing asbestos imported or manufactured without approval under paragraph (1) or a material suspected of containing asbestos that contains asbestos in excess of the standards under paragraph (6) is sold or stored and displayed for sale (hereinafter referred to as "distribution"), the Minister of Environment may order the importer or distributor of the material suspected of containing asbestos to recall the material or to discontinue the distribution of the material or request the head of the competent administrative agency to order the person to recall the material or discontinue distributing the material.
(8) The Minister of Environment may disclose the kinds and volume of materials suspected of containing asbestos that he/she orders to recall or discontinue distributing pursuant to paragraph (7) to the public, as prescribed by Ordinance of the Ministry of Environment.
CHAPTER IV MANAGEMENT OF NATURALLY PRODUCED ASBESTOS
 Article 12 (Preparation of Geological Maps)
(1) The Minister of Environment shall prepare geological maps of areas in which naturally produced asbestos are distributed (hereinafter referred to as "geological maps") in order to ascertain and manage the current status of distribution of asbestos attached to land (hereinafter referred to as "naturally produced asbestos") as a consequence of a geological process or other natural phenomena and shall announce the details thereof to the public.
(2) The Minister of Environment may request the head of a related central administrative agency or the head of a local government to cooperate in preparing geological maps by providing necessary data and professional human resources.
(3) The guidelines and methodologies for preparing and publicly announcing geological maps and other necessary matters shall be prescribed by Presidential Decree.
 Article 13 (Impact Assessment of Naturally Produced Asbestos)
(1) The Minister of Environment or a Mayor/Do Governor may conduct impact assessment of the concentration of asbestos in the air and soil, and harms and hazards caused by asbestos to the health of local residents (hereinafter referred to as "impact assessment of naturally produced asbestos") in an area where naturally produced asbestos exists or is likely to exist, based on geological maps, and may announce the outcomes thereof to the public.
(2) When a Mayor/Do Governor conducts impact assessment of naturally produced asbestos pursuant to paragraph (1), he/she shall report a plan for the assessment and the outcomes thereof to the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment.
(3) The institution to conduct the impact assessment of naturally produced asbestos, the details, method, and public announcement of the assessment, and other necessary matters shall be prescribed by Presidential Decree.
 Article 14 (Designation of Areas Subject to Management of Naturally Produced Asbestos)
(1) If it is anticipated that harms and hazards caused by asbestos to the health of local residents are likely to be severe, after the impact assessment of naturally produced asbestos, the Minister of Environment may designate the relevant area as an area subject to management of naturally produced asbestos (hereinafter referred to as "area subject to management") and give public notice thereof.
(2) When the Minister of Environment designates an area subject to management pursuant to paragraph (1), he/she shall in advance seek opinions from local residents in the area and shall consult with the Minister of Land, Infrastructure and Transport thereon. <Amended by Act No. 11690, Mar. 23, 2013>
(3) When the Minister of Environment designates an area subject to management, he/she shall give public notice of the name, location, and size of the area and other necessary matters.
(4) The guidelines and procedure for the designation and public notification of an area subject to management and other necessary matters shall be prescribed by Presidential Decree.
 Article 15 (Establishment and Execution of Management Plan)
(1) A Mayor/Do Governor shall establish and execute a plan for the safety management of asbestos, which shall include the following matters, (hereinafter referred to as "management plan") with regard to an area subject to management:
1. The current status of development projects in the area subject to management;
2. Measures for removing asbestos, covering it up with earth, and preventing harms caused by exposure to asbestos;
3. Measures for the health of residents care and preventing harms;
4. Other matters specified by Presidential Decree for managing naturally produced asbestos.
(2) When a Mayor/Do Governor establishes a management plan, he/she shall report it to the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment.
(3) The methodologies and procedures for establishing a management plan and other necessary matters shall be prescribed by Presidential Decree.
 Article 16 (Support to Areas subject to Management)
(1) The Minister of Environment may provide administrative and financial support to a Mayor/Do Governor as necessary for the execution of a management plan.
(2) The Minister of Environment may request the head of a related central administrative agency to take measures necessary for executing a management plan.
(3) The guidelines, procedures, and methodologies for providing support under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.
 Article 17 (Submission of Plan to Prevent Scattering of Asbestos)
(1) A person who intends to execute a development project (hereinafter referred to as "developer") in an area subject to management shall prepare a project plan stating the following matters (hereinafter referred to as "plan to prevent scattering of asbestos") in order to prevent scattering of asbestos and protect the health of residents and shall obtain approval from the approval authority:
1. The current status of geological distribution of the development project area and its surrounding area;
2. Results of analysis of the concentration of asbestos contained in the soil of the development project area and its surrounding area;
3. Forecast of possible scattering of asbestos as a consequence of the execution of the development project and a scheme for reducing scattered asbestos;
4. Other matters specified by Presidential Decree.
(2) If a development project for which a developer files an application for approval under paragraph (1) is a project subject to environmental impact assessment or mini environmental impact assessment under Article 22 or Article 43 of the Environmental Impact Assessment Act, a plan to prevent scattering of asbestos may be included in documents regarding the environmental impact assessment or mini environmental impact assessment. <Amended by Act No. 14232, May 29, 2016>
(3) When a person to whom approval has been granted pursuant to paragraph (1) intends to revise any approved matter specified by Presidential Decree, he/she shall obtain approval for such revision from the approval authority.
(4) When the approval authority approves a plan to prevent scattering of asbestos or any revision to such a plan pursuant to paragraph (1) or (3), it shall notify the Minister of Environment of the results thereof, as prescribed by Ordinance of the Ministry of Environment.
(5) The methodologies for preparing plans to prevent scattering of asbestos, the time frames for submitting such plans, and other necessary matters shall be prescribed by Ordinance of the Ministry of Environment.
 Article 18 (Installation, etc. of Facilities to Prevent Scattering of Asbestos)
(1) When a developer executes a development project, he/she shall install facilities to control scattering of asbestos (hereinafter referred to as "facilities to prevent scattering of asbestos") and take other necessary measures.
(2) If the approval authority finds that a developer fails to install facilities to prevent scattering of asbestos or take other necessary measures or that such facilities installed or measures taken are not appropriate, it may order the developer to take necessary measures or make improvements.
(3) If a developer fails to comply with an order issued pursuant to paragraph (2), the approval authority may suspend the development project or order the developer to discontinue the use of such facilities or to use such facilities for a limited purpose.
(4) The standards for installing facilities to prevent scattering of asbestos and other necessary matters shall be prescribed by Ordinance of the Ministry of Environment.
 Article 19 (Cancellation, etc. of Designation)
(1) If the Minister of Environment finds that harms caused by asbestos to the health of residents in an area subject to management have been significantly lessened, he/she may cancel the designation of the area or reduce the scope of the area subject to management.
(2) If a Mayor/Do Governor finds that harms caused by asbestos to the health of residents in an area subject to management have been significantly lessened, he/she may request the Minister of Environment to cancel the designation of the area subject to management or to reduce the scope of the area.
(3) As to the cancellation of designation of an area subject to management and the reduction of the scope of such an area, Article 14 (2) through (4) shall apply mutatis mutandis.
 Article 20 (Management of Areas with Naturally Produced Asbestos Distributed under Municipal Ordinances)
(1) In order to prevent harms caused by asbestos in an area not designated as an area subject to management, among areas in which naturally produced asbestos are distributed under Article 12 (1), the competent Mayor/Do Governor may order a person who intends to execute a development project in such an area (hereinafter referred to as "local developer") to take the following measures, as prescribed by Municipal Ordinance, in consideration of local conditions:
1. Submission of a plan to prevent scattering of asbestos;
2. Installation of facilities to prevent scattering of asbestos;
3. Other matters specified by Presidential Decree for the prevention of harms caused by asbestos.
(2) The scope of development projects regarding which a Mayor/Do Governor may order developers to take measures pursuant to paragraph (1) shall be prescribed by Presidential Decree.
(3) As to a developer who fails to take measures under paragraph (1) or who takes such measures inadequately, Article 18 (2) and (3) shall apply mutatis mutandis. In such cases, "approval authority" shall be construed as "Mayor/Do Governor".
CHAPTER V MANAGEMENT OF ASBESTOS IN BUILDINGS
 Article 21 (Examination of Asbestos in Buildings)
(1) The owner of a building prescribed by Presidential Decree [referring to a person who manages buildings, including schools, in cases of kindergartens prescribed in Article 7 of the Early Childhood Education Act and schools (hereinafter referred to as "schools, etc.") prescribed in Article 2 of the Elementary and Secondary Education Act; hereinafter referred to as "owner of a building"] shall request institutions examining asbestos to examine asbestos (hereinafter referred to as "examination of asbestos in buildings") within one year from the date when he/she receives a written permit for use prescribed in Article 22 (2) of the Building Act (including cases where it is applied mutatis mutandis pursuant to Article 19 (5) of the Building Act, and referring to the date when a notice is given pursuant to the proviso to Article 29 (3) of the Act, in cases of buildings on which consultations are held pursuant to Article 29 (1) of the Act) and record and keep the results thereof: Provided, That the same shall not apply in any of the following buildings: <Amended by Act No. 15097, Nov. 28, 2017>
1. Buildings verified not to use asbestos as building materials, as prescribed by Presidential Decree, which have obtained certification of green buildings pursuant to Article 16 of the Green Buildings Construction Support Act;
2. Buildings which have undergone or are undergoing an examination of asbestos by institutions pursuant to the main sentence of Article 38-2 (2) of the Occupational Safety and Health Act (when only a part of a building is examined, referring to the relevant part), and buildings for which an examination of asbestos by institutions is omitted pursuant to the proviso to Article 38-2 (2);
3. Buildings which correspond to a ground prescribed by Presidential Decree, such as where it is clear that buildings or materials used for buildings do not contain asbestos.
(2) Institutions examining asbestos in buildings shall comply with methods for examining asbestos in buildings pursuant to Article 38-2 (7) of the Occupational Safety and Health Act. <Amended by Act No. 15097, Nov. 28, 2017>
(3) Matters necessary to record and preserve the results of a building asbestos inspection shall be prescribed by Ordinance of the Ministry of Environment.
 Article 22 (Measures Following Results of Building Asbestos Inspection)
(1) The owner of a building shall submit results of examination of asbestos in buildings to the Special Self-Governing City Mayor, Special Self-Governing Province Governor or the head of a Si/Gun/Gu (referring to the superintendent or head of a district office of education in cases of schools, etc.; hereinafter the same shall apply in this Chapter and Articles 39, 40 and 49 (5)) within one month from the date when the examination of asbestos in buildings is completed. In such cases, the owner of a building shall request institutions examining asbestos to prepare a map on asbestos in buildings, indicating the location, area or status, etc. of asbestos materials used for buildings, with regard to buildings using asbestos materials (hereinafter referred to as "asbestos buildings"), exceeding standards prescribed by Presidential Decree and submit the map, along with the results, and shall notify persons related to buildings, including tenants and managers, as well as transferees of buildings thereof, as prescribed by Ordinance of the Ministry of Environment. <Amended by Act No. 15097, Nov. 28, 2017>
(2) Institutions examining asbestos, which prepare a map on asbestos in buildings pursuant to the latter part of paragraph (1), shall comply with standards and methods for preparing a map on asbestos in buildings prescribed by Ordinance of the Ministry of Environment. <Newly Inserted by Act No. 15097, Nov. 28, 2017>
(3) The owner of asbestos buildings shall observe standards for management of asbestos buildings prescribed by Presidential Decree, in order to prevent harm done to the human body because of asbestos: Provided, That places prescribed by Presidential Decree, such as places where only employees work on a regular basis, shall be governed by the Occupational Safety and Health Act.
(4) The Special Self-Governing City Mayor, Special Self-Governing Province Governor or the head of a Si/Gun/Gu may order the owner of asbestos buildings to take measures necessary for preventing scattering of asbestos, such as dismantling or removal of asbestos, when he/she deems that scattering, etc. of asbestos is likely to cause harm to the human body. <Amended by Act No. 15097, Nov. 28, 2017>
(5) The Special Self-Governing City Mayor, Special Self-Governing Province Governor or the head of a Si/Gun/Gu may order the suspension of using the relevant building, when a person who has received an order prescribed in paragraph (4) fails to comply with such order. <Amended by Act No. 15097, Nov. 28, 2017>
(6) The owner of asbestos buildings who has complied with an order prescribed in paragraphs (4) and (5) shall report the progress of complying with such order to the Special Self-Governing City Mayor, Special Self-Governing Province Governor or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Environment, and the Special Self-Governing City Mayor, Special Self-Governing Province Governor or the head of a Si/Gun/Gu, who has received such report, shall order the relevant pubic official to check the status of complying with such order without delay. <Amended by Act No. 15097, Nov. 28, 2017>
(7) When the owner of asbestos buildings, who has received an order to suspend using asbestos pursuant to paragraph (5), intends to use the relevant buildings again, he/she shall submit an implementation plan necessary for complying with an order prescribed in paragraph (4) to the Special Self-Governing City Mayor, Special Self-Governing Province Governor or the head of a Si/Gun/Gu and obtain approval from them. <Amended by Act No. 15097, Nov. 28, 2017>
(8) Timing and methods for submitting results of examining asbestos in buildings, matters to be included in an implementation plan prescribed in paragraph (7), procedures for obtaining approval and other necessary measures shall be prescribed by Ordinance of the Ministry of Environment. <Amended by Act No. 15097, Nov. 28, 2017>
 Article 23 (Designation, etc. of Safety Manager for Asbestos Building)
(1) The owner of asbestos buildings shall designate at least one safety manager of asbestos buildings (hereinafter referred to as "safety manager of asbestos buildings), from among the principal or occupant or manager of the relevant building, and shall report such designation to the Special Self-Governing City Mayor, Special Self-Governing Province Governor or the head of a Si/Gun/Gu. The same shall apply to change of a safety manager of asbestos buildings. <Amended by Act No. 15097, Nov. 28, 2017>
(2) Each safety manager for an asbestos building shall perform the obligations prescribed by Ordinance of the Ministry of Environment for the safe management of the asbestos building.
(3) The criteria for the designation of safety managers for an asbestos building, the time limit for reporting the designation or a change in the designation, the reporting methods, and other necessary matters shall be prescribed by Ordinance of the Ministry of Environment.
 Article 24 (Education of Safety Managers for Asbestos Buildings)
(1) Safety managers of asbestos buildings shall receive education on asbestos safety management provided by the Minister of Environment (referring to the Minister of Education, in cases of schools; hereinafter the same shall apply in this Article), as prescribed by Ordinance of the Ministry of Environment: Provided, That the same shall not apply to cases where they have received education on asbestos safety management prescribed by Presidential Decree, such as education on safety or health prescribed in Article 31 (1) or 32 (1) of the Occupational Safety and Health Act. <Amended by Act No. 11690, Mar. 23, 2013; Amended by Act No. 15097, Nov. 28, 2017>
(2) The Minister of Environment may fully or partially recoup the expenses incurred in education under paragraph (1) from the owner of the relevant asbestos building.
(3) The Minister of Environment may entrust the education under paragraph (1) to an appropriate specialized institution, as prescribed by Presidential Decree.
(4) The time frame for providing education on the safety management of asbestos under paragraph (1), the frequency and hours of the education, the recoupment of expenses for the education under paragraph (2), and other necessary matters shall be prescribed by Ordinance of the Ministry of Environment.
 Article 25 (Asbestos Inspection on Structures with Asbestos Slate, etc.)
(1) The Minister of Environment, the head of a related central administrative agency, or the head of a local government may inspect structures in which asbestos slate is used and structures specified by Presidential Decree to find out the current status of the use of asbestos and hazards caused to the human body, as prescribed by Ordinance of the Ministry of Environment.
(2) The Minister of Environment, the head of a related central administrative agency, or the head of a local government may fully or partially subsidize expenses incurred in dismantling, removing or disposing of asbestos used for structures prescribed in paragraph (1) or improving structures following dismantlement, removal or disposal of asbestos. <Amended by Act No. 15097, Nov. 28, 2017>
 Article 26 (Special Cases Concerning Disposal of Asbestos Slate)
A person who intends to dismantle, remove, collect, transport, store, or dispose of asbestos slate used in structures under Article 25 (1) may dismantle, remove, collect, transport, store, or dispose of the slate, as prescribed by Presidential Decree, notwithstanding Articles 38-2 and 38-3 of the Occupational Safety and Health Act and Article 13 of the Wastes Control Act.
CHAPTER VI MANAGEMENT OF SURROUNDING ENVIRONMENT, ETC. OF JOB SITES FOR DISMANTLEMENT OF ASBESTOS
 Article 27 (Disclosure of Projects for Dismantlement or Removal of Asbestos)
Where there is a project for dismantling or removing asbestos from buildings or facilities (hereinafter referred to as "project for dismantling or removing asbestos") pursuant to Article 38-4 (1) of the Occupationall Safety and Health Act in a jurisdiction, the Special Self-Governing City Mayor, Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall disclose such fact, as prescribed by Ordinance of the Ministry of Environment. <Amended by Act No. 15097, Nov. 28, 2017>
 Article 28 (Compliance, etc. with Standards for Permitted Emission of Asbestos around Job Sites)
(1) A person who carries out works for dismantling or removing asbestos (hereinafter referred to as "business entity engaged in dismantling or removing asbestos") shall comply with the standards specified by Presidential Decree for permitted emission of asbestos around job sites (hereinafter referred to as "standards for permitted emission of asbestos around job sites")
(2) A person who dismantles or removes asbestos shall measure the degree of scattering of asbestos, as prescribed by Ordinance of the Ministry of Environment, and submit the results thereof to the Special Self-Governing City Mayor, Special Self-Governing Province Governor or the head of a Si/Gun/Gu: Provided, That the same shall not apply to cases prescribed by Presidential Decree, such as small-scale buildings. <Amended by Act No. 15097, Nov. 28, 2017>
(3) The Special Self-Governing City Mayor, Special Self-Governing Province Governor or the head of a Si/Gun/Gu who has received results of measuring the degree of scattering of asbestos pursuant to paragraph (2), shall disclose such results. <Amended by Act No. 15097, Nov. 28, 2017>
(4) In an effort to verify whether standards for permitted emission of asbestos around job sites are complied with in job sites of a business prescribed by Presidential Decree, such as re-development business or re-construction business, etc. prescribed in subparagraph 2 of Article 2 of the Act on the Improvement of Urban Areas and Residential Environments, the Special Self-Governing City Mayor, Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall measure the degree of scattering of asbestos around job sites and disclose results thereof. <Amended by Act No. 14567, Feb. 8, 2017; Act No. 15097, Nov. 28, 2017>
(4) In order to ensure that the standards for permitted emission of asbestos around job sites are complied within job sites for housing redevelopment projects and housing rebuilding projects under subparagraph 2 of Article 2 of the Act on the Improvement of Urban Areas and Residential Environments and other projects specified by Presidential Decree, the Special Self-Governing Province Governor and the head of a Si/Gun/Gu shall measure the degree of scattered asbestos around such job sites and shall disclose the results thereof to the public.
(5) The methodologies, points, and time frames for the measurement of scattered asbestos under paragraphs (2) through (4), the methodologies for submitting and disclosing the results of the measurement, and other necessary matters shall be prescribed by Ordinance of the Ministry of Environment.
 Article 29 (Suspension of Works, etc.)
(1) Where the Special Self-Governing City Mayor, Special Self-Governing Province Governor or the head of a Si/Gun/Gu finds that standards for permitted emission of asbestos around job sites are not observed by a business operator engaging in dismantling or removing asbestos as a result of measuring the degree of scattering of asbestos pursuant to Article 28 (2) or (4) of the Act, he/she shall order the suspension of projects for dismantling or removing asbestos without delay. <Amended by Act No. 15097, Nov. 28, 2017>
(2) Where a business operator engaging in dismantling or removing asbestos who has received an order of suspension prescribed in paragraph (1) intends to engage in a project for dismantling or removing asbestos again, he/she shall submit improvement plans necessary for observing standards for permitted emission of asbestos around job sites to the Special Self-Governing City Mayor, Special Self-Governing Province Governor or the head of a Si/Gun/Gu and obtain approval from them. <Amended by Act No. 15097, Nov. 28, 2017>
(3) Matters to be included in plans for improvements under paragraph (2), the procedures for approval of such plans, and other necessary matters shall be prescribed by Presidential Decree.
 Article 30 (Designation, etc. of Supervisors of Works for Dismantling or Removing Asbestos)
(1) A person who places an order of projects for dismantling or removing asbestos or a construction work requiring dismantlement or removal of asbestos (hereinafter referred to as "person placing an order") shall designate a supervisor of projects for dismantling or removing asbestos for safe management of projects for dismantlement or removal of asbestos (hereinafter referred to as "supervisor of projects for dismantling asbestos) before commencing dismantlement or removal of asbestos.
(2) Where a person placing an order has designated a supervisor of projects for dismantling asbestos, he/she shall report such fact to the Special Self-Governing City Mayor, Special Self-Governing Province Governor or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Environment. <Newly Inserted by Act No. 15097, Nov. 28, 2017>
(3) Where a person placing an order has changed matters prescribed by Ordinance of the Ministry of Environment, among matters reported pursuant to paragraph (2), he/she shall report such change to the Special Self-Governing City Mayor, Special Self-Governing Province Governor or the head of a Si/Gun/Gu. <Newly Inserted by Act No. 15097, Nov. 28, 2017>
(4) Matters necessary for standards and methods for designation of supervisors of projects for dismantling asbestos, their qualifications and scope of their duties shall be jointly disclosed after consultations are held among the Minister of Environment, the Minister of Employment and Labor and the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 30-2 (Duties of Supervisors of Projects for Dismantling Asbestos)
(1) Duties of supervisors of projects for dismantling asbestos shall be as follows:
1. Ensuring standards for permitted emission of asbestos around job sites are observed;
2. Ensuring standards for asbestos density pursuant to Article 38-5 (1) of the Occupational Safety and Health Act (hereinafter referred to as "standards for asbestos density" in this Article) are observed;
3. Reviewing appropriateness of plans on projects for dismantling or removing asbestos or checking whether plans are complied with;
4. Reviewing measures to prevent residents in neighboring areas from being exposed to asbestos;
5. Verifying whether Acts or subordinate statues related to a business operator engaging in dismantlement or removal of asbestos are observed;
6. Other duties prescribed by Ordinance of the Ministry of Environment.
(2) Where supervisors of projects for dismantling asbestos deem that it is impracticable to observe standards for permitted emission of asbestos around job sites or standards for asbestos density while asbestos is dismantled or removed, they shall request a business operator engaging in dismantlement or removal of asbestos to take the following measures:
1. Correction of projects for dismantling or removing asbestos (limited to cases where standards for permitted emission of asbestos around job sites are exceeded);
2. Suspension of projects for dismantling or removing asbestos (limited to cases where standards for permitted emission of asbestos around job sites are exceeded);
3. Suspension of removal or dismantlement of buildings or equipment pursuant to Article 38-5 (3) of the Occupational Safety and Health Act (limited to cases where standards for asbestos density are exceeded).
(3) Where a business operator engaging in dismantlement or removal of asbestos continues to perform his/her work even after he/she is requested to take measures falling under paragraph (2), supervisors of projects for dismantling asbestos shall report such fact to the head of an environmental local government office, the Special Self-Governing City Mayor, Special Self-Governing Province Governor, the head of a Si/Gun/Gu or the head of a regional employment and labor government office, as prescribed by Ordinance of the Ministry of Labor. In such cases, the Special Self-Governing City Mayor, Special Self-Governing Province Governor, the head of a Si/Gun/Gu or the head of a regional employment and labor government office, in receipt of a report, shall order suspension of the work without delay.
(4) A business operator engaging in dismantlement or removal of asbestos who has complied with a request to take measures prescribed in paragraph (2) or a business operator engaging in dismantlement or removal of asbestos who has received an order to suspend work prescribed in the latter part of paragraph (3) intends to engage in a project for dismantlement or removal of asbestos again, he/she shall submit improvement plans necessary for observing standards for permitted emission of asbestos around job sites or standards for asbestos density to the Special Self-Governing City Mayor, Special Self-Governing Province Governor, the head of a Si/Gun/Gu or the head of a regional employment and labor government office and obtain approval from them. In such cases, supervisors of projects for dismantling asbestos shall review the improvement plan in advance.
(5) Matters to be included in an improvement plan prescribed in paragraph (4) and procedures for obtaining approval, etc. shall be prescribed by Presidential Decree.
<This Article Newly Inserted by Act No. 15097, Nov. 28, 2017>
 Article 31 (Project Owner's Responsibility, etc.)
(1) A project owner shall endeavor to minimize harms and damage caused by asbestos to the health of residents and the environment.
(2) No project owner shall require a person who performs construction works to observe a condition that makes it difficult to comply with the standards for permitted emission of asbestos around job sites in connection with the construction methods or the construction period and shall reflect the costs of dismantling or removing asbestos and disposing of waste asbestos in the project cost.
CHAPTER VII SUPPLEMENTARY PROVISIONS
 Article 32 (Training and Support of Professional Human Resources)
The Minister of Environment and the head of each local government may train human resources who have professional skills and qualifications for the systematic management of asbestos and may fully or partially subsidize the costs incurred in research and surveys for the prevention and management of harms and damage caused by asbestos within the budgetary limits.
 Article 33 (Designation and Operation of Asbestos Environmental Centers)
(1) In order to implement projects for surveys and research on the systematic management of asbestos, the prevention of damage by asbestos, and the safe and economic disposal of waste asbestos in accordance with the standards and methodologies under Article 13 of the Wastes Control Act, the development of technology thereof, and the management and disposal of asbestos, the Minister of Environment may designate and operate the following institutions as asbestos environmental centers:
1. A national or public research institute;
2. A school as defined in Article 2 of the Higher Education Act;
3. The Korea Environment Corporation under the Korea Environment Corporation Act;
4. Other institutions specified by Ordinance of the Ministry of Environment.
(2) An institution that intends to be designated as an asbestos environmental center pursuant to paragraph (1) shall meet the requirements prescribed by Presidential Decree with regard to professional human resources, facilities, equipment, etc. and shall file an application for designation with the Minister of Environment.
(3) The Minister of Environment may fully or partially subsidize an asbestos environmental center designated pursuant to paragraph (1) for the costs incurred in relation to its business activities within the budgetary limits.
(4) Matters necessary for the procedure of designation of asbestos environmental centers under paragraph (1) and the operation of such centers shall be specified by Presidential Decree.
 Article 34 (Revocation, etc. of Designation of Asbestos Environmental Centers)
(1) If an asbestos environmental center falls under any of the following, the Minister of Environment may revoke its designation or order it to suspend operation of its business completely or partially for a specified period not exceeding six months: Provided, That if an asbestos environmental center falls under subparagraph 1, its designation shall be revoked:
1. If it is discovered that the asbestos environmental center is designated by fraud or other improper means;
2. If the asbestos environmental center fails to meet the requirements for designation under Article 33 (2);
3. If there exists any other ground prescribed by Presidential Decree.
(2) Detailed guidelines for the administrative disposition under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment, taking into consideration the types of violation, the degree of violation, etc.
(3) The procedures for the revocation of designation under paragraph (1) and the issuance of orders to suspend business operation and other necessary matters shall be specified by Presidential Decree.
 Article 35 (Establishment and Operation of Integrated Information Network for Management of Asbestos)
(1) The Minister of Environment may establish and operate an integrated information network for the management of asbestos (hereinafter referred to as "information network") in order to promote the systematic and efficient management of asbestos.
(2) In order to establish and operate the information network, the Minister of Environment may request a related administrative agency, a local government, or an appropriate association, or other similar organization (hereinafter referred to as "appropriate institution, etc.") to submit necessary data, as prescribed by Presidential Decree. In such cases, the head of an appropriate institution, etc. shall comply with such request, unless there exists an exceptional circumstance.
(3) Matters necessary for the establishment and operation of the information network shall be prescribed by Presidential Decree.
 Article 36 (Expropriation or Use of Land, etc.)
(1) Where it is necessary for a fact-finding survey under Article 7, examination under Article 8 (2), a survey on the impact of naturally produced asbestos under Article 13, or a survey on asbestos in structures with asbestos slates under Article 25, the Minister of Environment, the head of a related central administrative agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu may expropriate or use land, a building, or chattels attached to land.
(2) As to the expropriation or use under paragraph (1), the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply mutatis mutandis.
 Article 37 (Entry, etc. to Third Party's Land)
(1) Where it is necessary for a fact-finding survey under Article 7, examination under Article 8 (2), a survey on the impact of naturally produced asbestos under Article 13, or a survey on asbestos in structures with asbestos slates under Article 25, the Minister of Environment, the head of a related central administrative agency, a Mayor/Do Governor, the head of a Si/Gun/Gu, or the head of an appropriate specialized institution, etc. to whom relevant works are entrusted pursuant to Article 42 (2) may assign public officials under his/her supervision or employees of the appropriate specialized institution, etc. to enter any third party's land or to alter or remove trees, rocks, soil, and other obstacles in any third party's land (hereinafter referred to as "obstacles").
(2) Where it is intended to alter or remove an obstacle pursuant to paragraph (1), the owner, occupant, or manager of the obstacle shall consent thereto: Provided, That if it is impossible to find the address or residence of the owner, occupant, or manager of an obstacle and thus it is impossible to get consent, the obstacle may be altered or removed with the consent of the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor or the head of the competent Si/Gun/Gu. <Amended by Act No. 15097, Nov. 28, 2017>
(3) Where it is intended to enter any third party's land or alter or remove an obstacle pursuant to paragraph (1), the owner, possessor, or manager of the land or the obstacle shall be notified thereof by no later than three days before the date on which it is intended to enter the land or alter or remove the obstacle: Provided, That the foregoing shall not apply where it is impossible to find the address or residence of the owner, possessor, or manager of the land or the obstacle.
(4) No one shall enter any third party's residential premises or land enclosed with a fence or hedge before sunrise or after sunset without the consent of the owner, possessor, or manager of the land.
(5) The owner, possessor, or manager of a piece of land shall not interfere with or reject activities conducted by a competent public official or an employee of an appropriate specialized institution under paragraph (1) without good cause.
(6) Where a public official or an employee of an appropriate specialized institution intends to enter any third party's land pursuant to paragraph (1), he/she shall carry with him/her an identification card indicating his/her authority and shall produce it to people concerned.
 Article 38 (Compensation for Losses Incurred by Entry to Land, etc.)
(1) If any person has sustained a loss due to an activity under Article 37 (1), the head of the administrative authorities or the appropriate specialized institution to which the actor belongs shall compensate for such a loss.
(2) As regards the compensation for losses under paragraph (1), the person liable for the compensation for the losses and the person who has sustained the losses shall settle the losses by agreement.
(3) If the person liable for the compensation for the losses and the person who has sustained the losses fails to reach agreement under paragraph (2) or it is impossible to make an agreement, either party may file a petition for adjudication with the competent land tribunal under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.
(4) As to adjudication by the competent land tribunal under paragraph (3), Articles 83 through 87 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply mutatis mutandis.
 Article 39 (Vicarious Execution)
Where a person who is obliged to examine asbestos in buildings pursuant to Article 21 (1) or a person who has received an order to take measures prescribed in Article 22 (4) fails to examine asbestos in buildings or fails to comply with an order to take measures, the Special Self-Governing City Mayor, Special Self-Governing Province Governor or the head of a Si/Gun/Gu may perform vicarious execution, as prescribed by the Administrative Vicarious Execution Act, and may collect fees incurred in relation to such execution from a person who has failed to examine asbestos in buildings or take measures. <Amended by Act No. 15097, Nov. 28, 2017>
 Article 40 (Reporting and Inspection)
(1) In order to enforce this Act efficiently, the Minister of Environment, the head of a related central administrative agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu may require a person in charge specified by Presidential Decree to report or submit data, as prescribed by Ordinance of the Ministry of Environment, and may assign competent public officials to enter an office, a place of business, or any other place as necessary to inspect relevant documents, facilities, equipment, or other goods.
(2) Where it is intended to conduct an inspection pursuant to paragraph (1), the person subject to such inspection shall be notified of an inspection plan regarding the date, time, objectives, and details of the inspection by no later than three days before the inspection: Provided, That the foregoing shall not apply where it is required to conduct an inspection urgently or it is deemed impossible to achieve the objectives of an inspection if a notice is given in advance because of the anticipated destruction of evidence or other cause or event.
(3) A public official who intends to enter a place to conduct an inspection pursuant to paragraph (1) shall carry with him/her an identification card indicating his/her authority and shall produce it to people concerned.
 Article 41 (Hearings)
Where the Minister of Environment intends to revoke the designation of an asbestos environmental center pursuant to Article 34 (1), he/she shall hold a hearing.
 Article 42 (Delegation and Entrustment)
(1) The authority of the Minister of Environment under this Act may be delegated in part to the head of an affiliate agency or a Mayor/Do Governor, as prescribed by Presidential Decree.
(2) The Minister of Environment or a Mayor/Do Governor may partially entrust his/her works under this Act to an appropriate specialized institution, as prescribed by Presidential Decree.
 Article 43 (Statutory Treatment as Public Officials in Application of Penalty Provisions)
Executives and employees of an appropriate specialized institution that is engaged in works entrusted pursuant to Article 42 (2) shall treated as public officials for the purpose of applying Articles 129 through 132 of the Criminal Act.
CHAPTER VIII PENALTY PROVISIONS
 Article 44 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won:
1. A person who uses asbestos in violation of Article 8 (1);
2. A person who imports or manufactures a suspected asbestos-containing material without obtaining approval under Article 11 (1).
 Article 45 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended by Act No. 12460, Mar. 18, 2014; Act No. 15097, Nov. 28, 2017>
1. A person who fails to comply with an order to recall a product or discontinue the sale of a product under Article 8 (3);
2. A person who fails to comply with an order to recall or discontinue distribution under Article 11 (7);
3. A person who engages in a development project without obtaining approval from the approval authority, in violation of Article 17 (1);
4. A person who fails to comply with an order to suspend use under Article 22 (5);
5. A person who fails to comply with an order to suspend works under Article 29 (1).
 Article 46 (Penalty Provisions)
Any person who fails to comply with an order to suspend works under Article 11 (5) shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won. <Amended by Act No. 12460, Mar. 18, 2014>
 Article 47 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended by Act No. 12460, Mar. 18, 2014; Act No. 15097, Nov. 28, 2017>
1. A person who engages in a development project without approval of a revision from the approval authority, in violation of Article 17 (3);
2. A person who fails to comply with an order to suspend business operation or an order to suspend the use of a facility or to use a facility for a limited purpose under Article 18 (3) (including cases to which the aforesaid paragraph shall apply mutatis mutandis pursuant to Article 20 (3));
3. A person who fails to designate a supervisor of works for dismantling asbestos, in violation of Article 30 (1);
4. A person who fails to take measures prescribed in Article 30-2 (2) even after he/she receives a request to take such measures;
5. A person who fails to comply with an order to suspend works pursuant to the latter part of Article 30-2 (3) even after he/she receives an order.
 Article 47-2 (Penalty Provisons)
A supervisor of a project for dismantlement of asbestos, who has failed to perform a duty prescribed in Article 30-2 (1) through (3), shall be punished by a fine not exceeding three million won.
[This Article Newly Inserted by Act No. 15097, Nov. 28, 2017>
 Article 48 (Joint Penalty Provisions)
If the representative of a legal entity or an agent, employee, or worker of a legal entity or a private individual violates any provision of Articles 44 through 47 in the scope of the business of the legal entity or the private individual, not only shall such an actor be punished accordingly, but the legal entity or the private individual shall be punished by the fine prescribed in the relevant provisions: Provided, That the foregoing shall not apply where the legal entity or private individual has not neglected to take due attention and supervision of the business to prevent such a violation.
 Article 49 (Administrative Fines)
(1) Any of the following persons shall be punished by an administrative fine not exceeding 20 million won: <Amended by Act No. 13877, Jan. 27, 2016>
1. A person who fails to submit a report on the results of a building asbestos inspection or a building asbestos map in violation of Article 21 (1), or who commits deception in submitting such a report or map;
2. A person who fails to meet the standards for permitted emission of asbestos around job sites in violation of Article 28 (1);
3. A person who fails to attach a condition or to reflect the costs of dismantling, etc. of asbestos in the project cost in violation of Article 31 (2).
(2) Any of the following persons shall be punished by an administrative fine not exceeding 10 million won: <Amended by Act No. 15097, Nov. 28, 2017>
1. A person who fails to submit a report on the results of a building asbestos inspection or a building asbestos map in violation of Article 22 (1), who commits deception in submitting such a report or map, or who fails to inform persons concerned of the building or a transferee of the building thereof;
2. A person who comply with the standards for the management of asbestos buildings, in violation of Article 22 (3).
(3) Any of the following persons shall be punished by an administrative fine not exceeding five million won: <Amended by Act No. 15097, Nov. 28, 2017>
1. A person who fails to conduct an examination under Article 9, who fails to keep and preserve records of the findings of such an examination, or who keeps and preserves false records of results of such an examination;
2. A person who fails to comply with methods for examining asbestos in buildings, in violation of Article 21 (2);
3. A person who fails to comply with standards or methods for preparing a map on asbestos in buildings, in violation of Article 22 (2);
4. A person who fails to designate a safety manager of asbestos buildings or fails to make a report or report on changes, in violation of Article 23 (1);
5. A person who fails to receive education on asbestos safety management, in violation of Article 24 (1);
6. A person who fails to measure the degree of scattering of asbestos, in violation of Article 28 (2);
7. A person who fails to make a report or submit data pursuant to Article 40 (1), makes a report or submits data in a fraudulent manner, or refuses, obstructs or evades the entry or inspection of the relevant public officials.
(4) Any of the following persons shall be punished by an administrative fine not exceeding two million won: <Amended by Act No. 15097, Nov. 28, 2017>
1. A person who fails to report a work plan or a work process, in violation of Article 11 (3);
2. A person who fails to keep and preserve records of the findings of a building asbestos inspection, in violation of Article 21 (1);
3. A person who fails to make a report on matters performed in compliance with an order, in violation of Article 22 (6);
4. A person who fails to perform an obligation, in violation of Article 23 (2);
5. A person who fails to submit results of measuring the degree of scattering of asbestos or submits the results in a fraudulent manner, in violation of Article 28 (2);
6. A person who fails to report designation of a supervisor of a project for dismantling asbestos or report a change thereof, in violation of Article 30 (2) or (3);
(5) Administrative fines under paragraphs (1) through (4) shall be imposed and collected by the Minister of Environment, a Mayor/Do Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.
(6) Where a person with the authority to impose administrative fines prescribed in paragraph (5) imposes administrative fines as prescribed in paragraph (3) 2 or 3 on institutions examining asbestos, he/she shall notify such fact to the Minister of Employment and Labor. <Newly Inserted by Act No. 15097, Nov. 28, 2017>
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Standards for Permitted Asbestos in Materials Suspected of Containing Asbestos and Prohibition of Distribution)
Article 11 (6) and (7) shall apply to materials suspected of containing asbestos processed, transformed and delivered on or after the date this Act enters into force.
Article 3 (Applicability to Designation of Supervisors of Works for Dismantling Asbestos)
Article 30 shall apply to works for dismantling or removing asbestos or construction projects that require works for dismantling or removing asbestos, ordered on or after the date this Act enters into force.
Article 4 (Transitional Measure concerning Prohibition of Use of Asbestos)
Notwithstanding Article 8 (1), previous practices shall apply to products and facilities, to which asbestos has been already applied before this Act enters into force, until such products and facilities are destroyed or removed.
Article 5 (Transitional Measures concerning Building Asbestos Inspection)
(1) Where a building in use as at the time this Act enters into force as a school or a subway passed an inspection of asbestos in the building before this Act enters into force and the Minister of Environment approves that the asbestos inspection met the standards prescribed by Presidential Decree, such a building shall be deemed to have passed the building asbestos inspection under Article 21 (1).
(2) Notwithstanding Article 21 (1), a building that is in use as at the time this Act enters into force and that shall be subjected to a building asbestos inspection, shall undergo the building asbestos inspection within three years from the date this Act enters into force, as prescribed by Ordinance of the Ministry of Environment.
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.
ADDENDUM <Act No. 12460, Mar. 18, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13859, Jan. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 19 Omitted.
ADDENDA <Act No. 13877, Jan. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Imposition of Administrative Fines)
The former provisions shall apply to the imposition of administrative fines before this Act enters into force.
ADDENDA <Act No. 14232, May 29, 2016>
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. 14567, Feb. 8, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 40 Omitted.
ADDENDA <Act No. 15097, Nov. 28, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation
Article 2 (Applicable Examples concerning Examination of Asbestos in Buildings)
The amended provisions of the main sentence of Article 21 (1) shall apply, beginning with a case where a permit for use is given pursuant to Article 22 (2) of the Act which is applied mutatis mutandis under Article 19 (5) of the Building Act after this Act enters into force.
Article 3 (Applicable Examples concerning Reports, etc. on Designation of Supervisors of Projects for Dismantling or Removing Asbestos)
The amended provisions of Article 30 (2) or (3) shall apply, beginning with a cases where a supervisor of a project for dismantling asbestos is designated pursuant to Article 30 (1) after this Act enters into force.
Article 4 (Transitional Measures concerning Examination, etc. of Asbestos in Buildings)
With regard to buildings which have undergone a general examination of asbestos pursuant to Article 38-2 (1) of the Occupational Safety and Health Act before this Act enters into force or buildings which are undergoing a general examination of asbestos pursuant to Article 38-2 (1) as at the time this Act enters into force, former provisions shall apply, notwithstanding the amended provisions of Article 21 (1) 2.
Article 5 (Transitional Measures concerning Measures Following Results of Examination of Asbestos in Buildings)
Where an examination of asbestos in buildings pursuant to the former provisions of Article 21 (1) is completed before this Act enters into force, former provisions shall apply, notwithstanding the amended provisions of the latter part of Article 22 (1).