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ENFORCEMENT DECREE OF THE ACT ON THE PREVENTION OF LIGHT POLLUTION DUE TO ARTIFICIAL LIGHTING

Presidential Decree No. 27349, Jul. 19, 2016

Amended by Presidential Decree No. 27636, Nov. 29, 2016

Presidential Decree No. 28211, Jul. 26, 2017

 Article 1 (Purpose)
The purpose of this Decree is to provide for matters delegated by the Act on the Prevention of Light Pollution due to Artificial Lighting and matters necessary for the enforcement thereof.
 Article 2 (Scope of Lighting Fixtures)
Lighting fixtures defined in subparagraph 2 of Article 2 of the Act on the Prevention of Light Pollution due to Artificial Lighting (hereinafter referred to as the "Act") shall be any of the following fixtures: <Amended by Presidential Decree No. 25456, Jul. 14, 2014; Presidential Decree No. 25786, Nov. 28, 2014; Presidential Decree No. 27323, Jul. 6, 2016>
1. Luminescent mechanism and devices attached thereto that illuminate any of the following spaces for safe and smooth night activities:
(a) Roads defined in subparagraph 1 of Article 2 of the Road Act;
(b) Pedestrian walkways defined in subparagraph 1 of Article 2 of the Pedestrian Safety and Convenience Enhancement Act;
(c) Parks and green areas defined in subparagraph 1 of Article 2 of the Act on Urban Parks, Green Areas, Etc.;
(d) Other outdoor spaces prescribed by ordinance of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do or the Special Self-Governing Province (hereinafter referred to as "City/Do");
2. Luminescent mechanism and devices attached thereto which have been installed, or light up for advertising purposes, an outdoor advertisement which is subject to obtaining permission under Article 3 of the Act on the Management of Outdoor Advertisements, etc. and Promotion of Outdoor Advertisement Industry (excluding outdoor advertisements installed at medical facilities, storage and treatment facilities for hazardous substances, or correctional or military facilities under Article 3-5 of the Enforcement Decree of the Building Act);
3. Luminescent mechanism and devices attached thereto which have been installed or light up the externals of any of the following buildings, facilities, sculptures, natural environment, etc. for decorative purposes:
(a) A building the floor area of which is at least 2,000 square meters or a building with at least five floors, among buildings defined in Article 2 (1) 2 of the Building Act;
(b) A lodging facility or amusement facility under Article 3-5 of the Enforcement Decree of the Building Act;
(c) A bridge;
(d) Any other luminescent mechanism and devices attached thereto prescribed by ordinance of the relevant City/Do.
 Article 3 (Composition of Light Pollution Prevention Committee)
(1) "Vice-Minister level public officials of related central administrative agencies prescribed by Presidential Decree" in Article 6 (3) of the Act means the following public officials. In such cases, if a central administrative agency has two or more Vice-Minister level public officials, it means a Vice-Minister level public official nominated by the Minister of the relevant ministry: <Amended by Presidential Decree No. 24451, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017>
1. Vice-Minister of Strategy and Finance;
2. Vice-Minister of the Interior and Safety;
3. Vice-Minister of Culture, Sports and Tourism;
4. Vice-Minister of Agriculture, Food and Rural Affairs;
5. Vice-Minister of Trade, Industry and Energy;
6. Vice-Minister of Health and Welfare;
7. Vice-Minister of Land, Infrastructure and Transport.
(2) The number of members commissioned by the Minister of Environment under Article 6 (3) of the Act shall be at least one half of the total number of the members.
 Article 4 (Operation of Committee)
(1) The chairperson of the Light Pollution Prevention Committee under Article 6 of the Act (hereinafter referred to as the "Committee") shall represent the Committee and exercise the overall control of its affairs.
(2) A majority of the members of the Committee including the chairperson shall constitute a quorum, and any decision thereof shall require the concurring vote of at least a majority of those present.
(3) The term of office of members of the Committee shall be two years, and may be consecutively renewed: Provided, That the term of office of a member who is a public official shall be the period during which he/she holds his/her official position.
(4) The Committee may establish a working committee to conduct research and examination of the matters to be deliberated on by the Committee.
(5) Except as prescribed in paragraphs (1) through (4), matters necessary for the operation of the Committee shall be determined by the chairperson following resolution of the Committee.
 Article 5 (Formulation of Light Environment Management Plans)
(1) A plan formulated by the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") under Article 9 (5) of the Act for the environment-friendly management of light environment of lighting environment management areas (hereinafter referred to as "light environment management plan") shall include the following matters:
1. Goals and basic direction-setting of management of light environment of lighting environment management area;
2. Current status of lighting environment management areas and the actual state of light pollution due to artificial lighting (hereinafter referred to as "light pollution");
3. Plans for environment-friendly management of lighting fixtures in lighting environment management areas;
4. Plans to provide technical and financial assistance for the environment-friendly management of light environment of lighting environment management areas;
5. Other matters prescribed by ordinance of the relevant City/Do as deemed necessary for the prevention of light pollution.
(2) When a Mayor/Do Governor intends to formulate or modify a light environment management plan, he/she shall refer it to the local light pollution prevention committee under Article 7 of the Act for deliberation, after hearing opinions of the heads of Sis/Guns/Gus (referring to the heads of autonomous Gus; hereinafter the same shall apply).
(3) Upon formulation or modification of a light environment management plan, a Mayor/Do Governor shall notify the details thereof to the heads of Sis/Guns/Gus.
 Article 6 (Exceptions to Application of Acceptable Standard of Light Emission)
(1) A person who wishes not to be subject to application of the acceptable standard of light emission under the proviso to Article 12 (1) of the Act shall submit documents for application for approval prescribed by Ordinance of the Ministry of Environment to the competent Mayor/Do Governor not later than 14 days before the expected installation date of a lighting fixture.
(2) A Mayor/Do Governor in receipt of an application for approval under paragraph (1) shall determine whether he/she approves it and inform his/her decision to the applicant within 10 days from the receipt date of the application.
(3) Except as prescribed in paragraphs (1) and (2), matters concerning the exceptions to application of the acceptable standard of light emission shall be prescribed by ordinance of the relevant City/Do.
 Article 7 (Implementation of Survey and Research Projects by Proxy)
"Person prescribed by Presidential Decree" in Article 14 (2) of the Act means any of the following institutions or organizations: <Amended by Presidential Decree No. 27636, Nov. 29, 2016>
1. The Korea Environment Corporation under the Korea Environment Corporation Act;
3. The Korea Environmental Industry and Technology Institute under the Korea Environmental Industry and Technology Institute Act;
4. Other institutions or organizations that the Minister of Environment acknowledges as having professional human resources, equipment, etc. necessary to perform surveys and research related to light pollution.
 Article 7-2 (Delegation of Authority)
A Mayor/Do Governor shall delegate the following authority to the heads of Sis/Guns/Gus under Article 17-2 of the Act:
1. Regular inspection or examination to be conducted under Article 12 (2) of the Act on whether the acceptable standard of light emission is observed;
2. Issuance of correction orders, receipt of reports on, and confirmation of, the results of the execution of corrective orders, and issuance of orders to suspend or restrict the use of lighting facilities, under Article 13 of the Act;
3. Reporting and Inspection under Article 17 of the Act;
4. Imposition and collection of administrative fines under Article 18 of the Act.
[This Article Newly Inserted by Presidential Decree No. 27349, Jul. 19, 2016]
 Article 8 (Criteria for Imposition of Administrative Fines)
The criteria for imposition of administrative fines under Article 18 of the Act shall be as shown in the attached Table.
ADDENDUM
This Decree shall enter into force on February 2, 2013.
ADDENDA <Presidential Decree No. 24451, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 25456, Jul. 14, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 15, 2014.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25786, Nov. 28, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 29, 2014.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 27323, Jul. 6, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 7, 2016.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 27349, Jul. 19, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 28, 2016.
Article 2 (Transitional Measures concerning Delegation of Authority)
Notwithstanding the amended provisions of Article 7-2, the previous provisions shall apply to cases where any procedure for the issuance of a correction order, or the report on or confirmation of the result of execution of a correction order is in progress under Article 13 of the Act, or where any procedure for the imposition and collection of an administrative fine under Article 18 of the Act is being taken on the owner, etc. of a lighting fixture that is in violation of the acceptable standard of light emission.
ADDENDA <Presidential Decree No. 27636, Nov. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 2, 2016.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. Provided, That the provisions amending any Decree that was promulgated before this Decree enters into force but has yet to enter into force, among the Decrees amended pursuant to Article 8 of the Addenda, shall enter into force on the respective date the relevant Decree enters into force.
Articles 2 through 8 Omitted.