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ENVIRONMENTAL HEALTH ACT

Act No. 8946, Mar. 21, 2008

Amended by Act No. 9932, Jan. 18, 2010

Act No. 10655, May 19, 2011

Act No. 10892, Jul. 21, 2011

Act No. 10893, Jul. 21, 2011

Act No. 11265, Feb. 1, 2012

Act No. 11619, Jan. 1, 2013

Act No. 11862, jun. 4, 2013

Act No. 12243, Jan. 14, 2014

Act No. 12524, Mar. 24, 2014

Act No. 13893, Jan. 27, 2016

Act No. 14931, Oct. 24, 2017

Act No. 15583, Apr. 17, 2018

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to protect and maintain national health and ecosystem integrity by investigating, diagnosing and monitoring the effects of environmental pollution, toxic chemicals, etc. on national health and the ecosystem and any damage thereto, thereby preventing threats to national health and establishing measures to reduce these threats.
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows: <Amended by Act No. 9932, Jan. 18, 2010; Act No. 10655, May 19, 2011; Act No. 11265, Feb. 1, 2012; Act No. 11862, Jun. 4, 2013>
1. The term "environmental health" means practice of investigating, assessing, preventing and controlling effects of environmental pollution under subparagraph 4 of Article 3 of the Framework Act on Environmental Policy, toxic chemicals, etc. under subparagraph 7 of Article 2 of the Chemicals Control Act (hereinafter referred to as "environmentally hazardous factors") on human health and the ecosystem;
2. The term "environmental diseases" means diseases found by epidemiological investigations, etc. to be interrelated with environmentally hazardous factors and determined by Ordinance of the Ministry of Environment following deliberations by the Environmental Health Council under Article 9;
3. The term "risk assessment" means activities of systematically reviewing and assessing the exposure to environmentally hazardous factors and toxicity information of environmentally hazardous factors to forecast effects of environmentally hazardous factors on human health and the ecosystem;
4. The term "epidemiological investigation" means activities of diagnosing the cause of harm to health by finding out severity of harm, including diseases and death, caused to health and verifying the interrelation between environmentally hazardous factors and diseases in cases where harm has occurred or is likely to occur to health due to environmentally hazardous factors in a specific population group or a specific area;
5. The term "environmental media" means the air, water, soil, etc. which transmits environmentally hazardous factors to a receptor;
6. The term "receptor" means the ecosystem, including human, animals and plants which are affected by environmentally hazardous factors transmitted through environmental media;
7. The term "children" means persons under 13 years of age;
8. The term "children's activity zone" means an area where children mainly stay or do activities, such as children's play facilities, infant care facilities including nurseries, kindergartens, elementary schools, etc. prescribed by Presidential Decree.
 Article 3 (Scope of Application)
This Act shall not apply to matters pertaining to the safety and health of workers for projects or in places of business under the Occupational Safety and Health Act.
 Article 4 (Basic Ideology)
Environmental health shall be promoted in accordance with the following basic ideologies:
1. Adequate measures and policies shall be arranged to prevent effects on a receptor to an economically and technically feasible extent until an environmentally hazardous factor turns out to be harmless, even in cases where scientific interrelation between environmentally hazardous factors and damage to a receptor is not clearly demonstrated;
2. Classes, such as children, etc. who are sensitive to exposure to environmentally hazardous factors and people in regions having serious environmental pollution shall be preferentially protected and cared for;
3. Plans and polices for each environmental medium shall be consolidated and adjusted in the standpoint of protection of receptors;
4. The population groups affected by environmentally hazardous factors shall be allowed to participate in relevant decision-making processes, such as being provided with suitable information about risk, etc.
 Article 5 (Responsibilities of State, etc.)
(1) The State and local governments shall be constantly aware of the effects of environmentally hazardous factors on a receptor and formulate and implement policies necessary for protecting a receptor from environmentally hazardous factors.
(2) The State and local governments shall enhance education and publicity about the environmental health and actively participate in and cooperate with international efforts for the development of the environmental health.
(3) A business entity shall take necessary measures to prevent effects and damage of environmentally hazardous factors occurring due to business activities on or in relation to a receptor on his/her own initiative and actively participate in and cooperate with environmental health policies by the State and local governments.
 Article 6 (Formulation of Environmental Health Master Plans)
(1) The Minister of Environment shall establish a environmental health master plan (hereinafter referred to as "master plan") every 10 years to promote national health by investigating, preventing and controlling the effects of environmentally hazardous factors on a receptor through consultation with the heads of relevant central administrative agencies and deliberations by the Environmental Health Council under Article 9.
(2) A master plan shall include each of the followings:
1. Environmental health-related basic policies and objectives;
2. Effects of environmentally hazardous factors on national health and occurrence status of diseases due to environmentally hazardous factors;
3. Matters concerning effects of environmentally hazardous factors on the ecosystem and damage therefrom;
4. Matters concerning risk assessment of environmentally hazardous factors;
5. Investigation, research, analysis, prevention and control plans concerning effects of environmentally hazardous factors on national health;
6. Special control measures for classes, such as children, the aged, pregnant mothers, etc. who are sensitive to exposure to environmentally hazardous factors;
7. Special control measures for residents in regions vulnerable to environmental pollution, such as neighborhoods in industrial complexes, abandoned mines, traffic congested areas, waste disposal facilities, etc.;
8. Matters concerning formulation of integrated environmental standards focused on receptors;
9. Administrative and financial support necessary to prevent and control harm to the health of people due to environmentally hazardous factors;
10. Plans to supply financial resources concerning environmental health;
11. Matters concerning international cooperation concerning environmental health;
12. Other matters necessary for promoting environmental health.
(3) Where five years have lapsed since the establishment of a master plan or it is deemed necessary to modify a master plan upon being requested from the head of central administrative agencies concerned, the Minister of Environment may modify a master plan through deliberation by the Environmental Health Council under Article 9.
(4) In addition to provisions from paragraphs (1) through (3), matters necessary for the method, procedure, etc. of establishing a master plan shall be prescribed by Presidential Decree.
 Article 7 (Implementation of Master Plans)
(1) Where the Minister of Environment formulates or modifies a master plan, he/she shall inform the head of relevant administrative agencies of the details thereof.
(2) The head of relevant central administrative agencies shall take necessary measures for matters under their respective control to implement a master plan.
(3) When the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Metropolitan Autonomous City Mayor, a Do Governor and the Governor of the Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") and the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu) establishes a City/Do environmental preservation plan and a Si/Gun/Gu environmental preservation plan (hereafter referred to as "regional environmental plan" in this paragraph) under Articles 18 and 19 of the Framework Act on Environmental Policy, he/she shall incorporate environmental health-related plans for districts under his/her jurisdiction into a regional environmental plan pursuant to a master plan. <Amended by Act No. 10893, Jul. 21, 2011; Act No. 13893, Jan. 27, 2016>
 Article 8 (Cooperation in Formulating Plans)
(1) Where necessary to formulate and implement a master plan, the Minister of Environment may request for cooperation, such as provision of materials, etc. to the head of relevant administrative agencies or the head of relevant institutes and organizations.
(2) Upon receipt of a request for cooperation under paragraph (1), the head of relevant administrative agencies or the head of relevant institutes and organizations shall comply with such requests unless any special ground exists to the contrary.
 Article 9 (Environmental Health Council)
(1) The Environmental Health Council (hereinafter referred to as the "Council") shall be established under the jurisdiction of the Minster of Environment to deliberate on major issues concerning the promotion of environmental health.
(2) The Council shall deliberate upon the following matters: <Amended by Act No. 13893, Jan. 27, 2016>
1. Designation of environmental diseases;
2. Formulation and modification of a master plan under Article 6 (1) and (3);
3. Policies concerning the promotion of environmental health;
4. Restriction on application of new technologies or use of new substances acknowledged as risk under Article 12 (1);
5. Standards for in vivo density of environmentally hazardous factors;
6. Settlement of petitions for a health impact investigation under Article 17;
7. Restrictions on use of environmentally hazardous factors under Article 23 (2);
8. Kinds and harmfulness of environmentally hazardous factors which affect children's health under Article 24 (1);
9. Other matters referred for deliberation by the Chairperson.
 Article 10 (Composition and Operation of Council)
(1) The Council shall be comprised of not more than 20 members, including a Chairperson.
(2) The Council shall be chaired by the vice-minister of Environment.
(3) Members of the Council shall be appointed or nominated by the Minister of Environment from among those who have much knowledge and experience in environmental health and fall under the followings:
1. Environmental health experts;
2. Representatives of environmental health-related civil groups;
3. Persons engaging in environmental health-related industries;
4. Relevant public officials.
(4) Where necessary to research and review matters to be deliberated on by the Council in a more specialized manner and to efficiently conduct affairs of the Council, special committees may be established under the Council.
(5) In addition to provisions from paragraphs (1) through (4), matters necessary for composition, operation, etc. of the Council and special committees shall be prescribed by Presidential Decree.
CHAPTER II RISK ASSESSMENT, ETC.
 Article 11 (Risk Assessment and Control of Environmentally Hazardous Factors)
(1) The Minister of Environment shall conduct risk assessment of environmentally hazardous factors and prepare measures to control environmentally hazardous factors which exceed risk standards prescribed by Ordinance of the Ministry of Environment.
(2) When the Minister of Environment establishes risk standards under paragraph (1), he/she shall consult in advance with the head of relevant central administrative agencies.
(3) In addition to paragraphs (1) and (2), matters necessary for risk assessment, control, etc. of environmentally hazardous factors shall be prescribed by Presidential Decree.
 Article 12 (Restrictions on Application of New Technologies or Use of New Substances)
(1) Where new technologies or substances are acknowledged to have a high risk as a result of risk assessment, the Minister of Environment may restrict application of new technologies or use of new substances through consultation with the heads of relevant central administrative agencies and deliberations by the Council.
(2) Where the Minister of Environment intends to restrict application of new technologies or use of new substances under paragraph (1), he/she announce a title of technology or a substance subject to restriction, details of restriction, the scope of restriction, etc.
(3) Paragraph (2) shall not apply to any of the following substances: <Amended by Act No. 11862, Jun. 4, 2013>
1. Toxic chemicals under subparagraph 7 of Article 2 of the Chemicals Control Act;
2. Chemicals falling under any of the subparagraphs of Article 3 (1) of the Chemicals Control Act.
 Article 13 (Addition, Assessment, etc. of Health Impact Items)
(1) With regard to administrative plans and development projects prescribed by Presidential Decree among strategic environmental impact assessment under Article 9 of the Environmental Impact Assessment Act or plans and development projects which is subject to environmental impact assessments under Article 22 of the same Act, the heads of relevant administrative agencies or a project operator who formulates or implements a plan for projects subject to environmental impact assessment shall note effects of environmentally hazardous factors on national health to review and assessment items and request the Minister of Environment or the head of a regional government office to hold consultation about review and assessment to the Minister of Environment or the head of a regional government office. <Amended by Act No. 10892, Jul. 21, 2011>
(2) Where the Minister of Environment or the head of a regional government office reviews and assesses effects on national health under paragraph (1), he/she shall take measures, such as collection, etc. of necessary information.
(3) Matters necessary for a review and assessment method, etc. under paragraph (2) shall be prescribed by Presidential Decree.
CHAPTER III PREVENTION AND CONTROL OF ENVIRONMENT-RELATED HARM TO DAMAGE
 Article 14 (Basic Investigations, etc. of National Environmental Health)
(1) The Minister of Environment shall conduct basic investigations, every three years, into national environmental health, such as in vivo density of environmentally hazardous factors, status of harm to health resulted from environmentally hazardous factors, the status of outbreak of environmental diseases, etc. and may conduct a joint investigation together with the heads of central administrative agencies concerned, if necessary.
(2) The Minister of Environment shall conduct a close investigation for diagnosis of causes, etc. where any case falling under the following is found to exist as a result of basic investigations under paragraph (1): <Amended by Act No. 13893, Jan. 27, 2016>
1. Where the in vivo density of environmentally hazardous factors in a particular group of population or a particular region is higher than the standard under Article 9 (2) 5;
2. Where harm to health resulted from environmentally hazardous factors is severe;
3. Where an environmental disease frequently occurs in a specific area.
(3) Where it is suspected that a close investigation in question is related to jurisdictional matters of the relevant administrative agency, such as working environmental factors of a business place, ingestion of food, etc., when conducting an close investigation under paragraph (2), the Minister of Environment shall consult with the head of the relevant administrative agency in advance before conducting an investigation and conduct a joint investigation, where necessary.
(4) The Minister of Environment may request the head of the relevant agency to present the following data if necessary for a basic investigation or close investigation under paragraph (1) or (2). In this case, the head of the relevant agency requested to do so shall comply with such request unless there exists any extenuating circumstance: <Amended by Act No. 13893, Jan. 27, 2016>
1. Medical care benefits under Article 41 of the National Health Insurance Act and health checkups under Article 52 of the same Act;
2. Cancer registration statistics services under Article 14 of the Cancer Control Act and cancer information services under Article 15 of the same Act;
3. Data concerning occupations, diseases, causes of death, etc. among statistical data under the subparagraph 4 of Article 3 of the Statistics Act;
4. Data concerning health examination records under Article 7-3 of the School Health Act;
5. Data concerning the attainment, loss, etc. of employees' insured status under Article 15 of the Employment Insurance Act;
6. Data concerning receipt of insurance benefits under Article 36 of the Industrial Accident Compensation Insurance Act;
7. Data concerning medical benefits under Article 7 of the Medical Care Assistance Act;
8. Other Data deemed necessary for a basic investigation or close investigation by the Minister of Environment.
(5) The methods, procedures of a basic investigation and a close investigation and other necessary matters shall be prescribed by Ordinance of the Ministry of Environment.
 Article 14-2 (Survey on Actual Situation of Activity Space, etc. for Sensitive Class)
The Minister of Environment or a "Mayor/Do Governor" may conduct an investigation into the actual situation of activity spaces, etc. for the groups of persons who are sensitive to exposure to environmentally hazardous factors under Article 6 (2) 6 to secure basic information necessary for the establishment of environmental health policies.
[This Article Newly Inserted by Act No. 13893, Jan. 27, 2016]
 Article 15 (Epidemiological Investigations. etc. of Environment-Related Harm to Health)
(1) The Minister of Environment and the heads of local governments may conduct epidemiological investigations into whether the residents of any region or the group of population, whose health is likely or suspected to be harmed as a result of the occurrence of environmental diseases or environmentally hazardous factors. <Amended by Act No. 13893, Jan. 27, 2016>
(2) The Minister of Environment shall investigate and assess the effects of environmentally hazardous factors on health of any of the following persons: <Amended by Act No. 14931, Oct. 24, 2017>
1. Classes, such as children, the aged, pregnant mothers, etc. who are sensitive to exposure to environmentally hazardous factors;
2. Residents in regions, such as industrial complexes, abandoned mines, traffic congested areas, etc., where high risk of effects of environmentally hazardous factors on health exists;
3. Residents or the group of population living in regions where environmental pollution referred to in subparagraph 4 of Article 3 of the Framework Act on Environmental Policy is serious or feared to be serious, like where environmentally hazardous factors such as fine particulate matter exceeds the environmental standards referred to in Article 12 of said Act.
(3) The Minister of Environment and the heads of local governments may request the heads of the relevant agencies to provide related data including data under the provisions of Article 14 (4) 1 through 7 where necessary for the investigations under paragraph (1) or (2). In such cases, the head of each relevant agency in receipt of the request to provide data shall comply therewith unless extenuating circumstances exist. <Newly Inserted by Act No. 11619, Jan. 1, 2013; Act No. 13893, Jan. 27, 2016>
 Article 16 (Actions Based on Results of Investigation)
(1) The Minister of Environment and the heads of local governments shall inform the head of a relevant administrative agency of the results thereof when finishing investigations under Articles 14 and 15.
(2) The Minister of Environment shall take necessary actions for properly controlling environmental media and environmentally hazardous factors based on results of investigation under paragraph (1) and may request the head of the relevant administrative agency to devise and implement relevant measures for matters under his/her jurisdiction.
 Article 17 (Petition of Health Impact Assessment)
(1) Where harm to health resulted from environmentally hazardous factors occurs to the people or is feared, the people may petition to the Minister of Environment for an assessment of the effects of environmentally hazardous factors on health.
(2) Where a petition for a health impact assessment under paragraph (1) is made, the Minister of Environment shall determine how to handle a petition through review of necessity thereof and deliberations by the Council.
(3) Where the Minister of Environment makes review under paragraph (2), he/she shall hear opinions of the heads of the relevant administrative agencies.
(4) Where it is necessary to conduct a urgent investigation notwithstanding paragraph (2), the Minister of Environment may omit deliberations by the Council.
(5) The Council may conduct closed deliberations where a case falls under any of the followings when deliberating upon a petition under paragraph (2):
1. Matters concerning guarantee of the national security, national defense, unification, diplomatic relations, etc., acknowledged to be likely to clearly harm significant interests of the State, if disclosed;
2. Where prescribed as confidential or closed by other Acts.
(6) In addition to provisions from paragraphs (1) through (5), matters relating to procedures, methods, etc. of petitions shall be governed by the Petition Act.
 Article 18 (Protection of Personal Information, etc.)
Any person who is or has been engaged in affairs related to investigations under Articles 14, 15 and 17 shall not disclose personal information or confidential information which comes to his/her knowledge while conducting his/her duties or use such information for purposes other than the ones related to his/her duties.
 Article 19 (Obligations to Compensate for Environmental Diseases)
Any person who causes an environmental disease in another person due to environmentally hazardous factors generated from business activities, etc. shall compensate for accompanying damage.
 Article 20 (Support of the State, etc.)
(1) The State and local governments may lend administrative and financial support necessary for preventing and controlling the people's harm to health resulting from environmentally hazardous factors. <Amended by Act No. 12243, Jan. 14, 2014>
(2) The Minister of Environment may provide technical and financial assistance required by the owners or managers of children's activity zones referred to in Article 23 (4) in complying with the environmental safety control standards. <Newly Inserted by Act No. 12243, Jan. 14, 2014; Act No. 12524, Mar. 24, 2014>
 Article 21 (Development of Environmental Health Indices)
(1) The Minister of Environment shall develop indices for measuring and assessing the environmental health condition of the people.
(2) Matters necessary for the development of environmental health indices under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment.
 Article 22 (Control of Information and Statistics on Environmental Health)
(1) The Minister of Environment shall formulate and implement polices necessary for collecting and controlling environmental health-related information and statistics and making use of such information and statistics for preventing damage to national health.
(2) The Minister of Environment shall devise policies necessary for propagating environmental health-related information and statistics under paragraph (1).
CHAPTER IV HEALTH PROTECTION OF CHILDREN
 Article 23 (Risk Control for Children's Activity Zones)
(1) With respect to children's activity zones prescribed by Presidential Decree in order to protect the health of children, the Minister of Environment shall assess exposure of such zones to environmentally hazardous factors and prescribe, by Presidential Decree, the environmental safety control standards (hereinafter referred to as "environmental safety control standards") for children's activity zones. <Amended by Act No. 11265, Feb. 1, 2012>
(2) Where it is acknowledged that the risk of environmentally hazardous factors is high as a result of assessing exposure under paragraph (1), the Minister of Environment may impose restrictions on the use of environmentally hazardous factors through consultation with relevant central administrative agencies and deliberations by the Council.
(3) Where the Minister of Environment imposes restrictions on the use of environmentally hazardous factors under paragraph (2), he/she shall publicly notify each of the followings:
1. Name of environmentally hazardous factors subject to restrictions;
2. Details of restrictions;
3. Scope of restrictions.
(4) The owner or manager of a children's activity zone shall comply with the environmental safety control standards. <Amended by Act No. 11265, Feb. 1, 2012; Act No. 12524, Mar. 24, 2014>
(5) Where the owner or manager of a children's activity zone violates restrictions on the use of environmentally hazardous factors under paragraph (2) or the environmental safety control standards, the Minister of Environment may issue orders to the manager or owner of the relevant facilities to improve such facilities or comply with the environmental safety control standards as prescribed by Ordinance of Ministry of Environment. <Amended by Act No. 11265, Feb. 1, 2012; Act No. 12524, Mar. 24, 2014>
(6) In any of the following cases, the manager or owner of a children's activity zone shall undergo an inspection conducted by an inspection agency under Article 23-2 on whether the environmental safety control standards (hereinafter referred to as "verification inspection") are satisfied. In such cases, matters necessary for the time, method, procedure, etc. of verification inspection shall be prescribed by Ordinance of the Ministry of Environment: <Newly Inserted by Act No. 12524, Mar. 24, 2014>
1. When a children's activity zone is newly set up;
2. When any expansion or repair is conducted in excess of the scale prescribed by Presidential Decree.
(7) An inspection agency under Article 23-2 shall issue the manager or owner of a children's activity zone a certificate attesting to the results of verification inspection, as prescribed by Ordinance of the Ministry of Environment. <Newly Inserted by Act No. 12524, Mar. 24, 2014>
(8) The manager or owner of a children's activity zone shall not let anyone use the children's activity zone that fails to meet a verification inspection. <Newly Inserted by Act No. 12524, Mar. 24, 2014>
(9) The Minister of Environment may order any manager or owner who has not undergone a verification inspection in accordance with paragraph (6) to receive a verification inspection of whether the children's activity space satisfies the environmental safety control standards as prescribed by Ordinance of the Minister of Environment. <Newly Inserted by Act No. 13893, Jan. 27, 2016>
 Article 23-2 (Designation, etc. of Inspection Agencies)
(1) In order to conduct a specialized and technological examination and inspection on whether environmentally hazardous factors whose use is restricted under Article 23 (2) are used or not, whether the environment safety control standards under paragraph (4) of the same Article are complied with, and whether the environmentally hazardous factors publicly notified in accordance with the latter part of Article 24 (3) are used or sold, the Minister of Environment may designate national environment research institutes under the jurisdiction of the Ministry of Environment, public health and environment research institutes under the Public Health and Environment Research Institute Act, or non-profit corporations prescribed by Ordinance of the Ministry of Environment as examination and inspection agencies of environmentally hazardous factors (hereinafter referred to as "inspection agencies") as prescribed by Ordinance of the Ministry of Environment: Provided, That agencies prescribed by Presidential Decree shall be deemed designated as inspection agencies. <Amended by Act No. 13893, Jan. 27, 2016>
(2) A person who intends to be designated as an inspection agency under the main sentence of paragraph (1) shall be equipped with technological personnel and facilities prescribed by Presidential Decree.
(3) Where an inspection agency designated under the main sentence of paragraph (1) intends to alter important matters prescribed by Ordinance of the Ministry of Environment, he/she shall report such intention to the Minister of Environment.
(4) An inspection agency shall comply with the matters prescribed by Ordinance of the Ministry of Environment, such as the preparation, preservation, etc. of documents related to examination and inspection. <Newly Inserted by Act No. 13893, Jan. 27, 2016>
(5) The Minister of Environment may, where an inspection agency falls under any of the following subparagraphs, either cancel its designation, or order the suspension of its business for a fixed period of up to six months, as prescribed by Ordinance of the Ministry of Environment: Provided That in any case falling under any of subparagraph 1 through 3, the Minister shall cancel its designation: <Amended by Act No. 13893, Jan. 27, 2016>
1. Where it is designated by fraud or other improper means;
2. Where it issues a false certificate of inspection results by intention or gross negligence;
3. Where it conducts its business during the suspension period of business;
4. Where it fails to commence its business of inspection within one year from the date when it has been designated as an inspection agency, or it has no record of conducting any inspection business for a consecutive one-year period;
5. Where it comes to fall short of the standards for technological personnel and facilities under paragraph (2);
6. Where it fails to make a report of alteration under paragraph (3);
7. Where it fails to implement the matters to be complied with under paragraph (4).
(6) The procedures and standards for the cancellation of designation and the suspension of business under paragraph (5), and other necessary matters shall be prescribed by Ordinance of the Ministry of Environment. <Amended by Act No. 13893, Jan. 27, 2016>
[This Article Newly Inserted by Act No. 11265, Feb. 1, 2012]
 Article 23-3 (Education)
The Minister of Environment may provide educations on environmental health to the managers or owners of children’s activity spaces.
[This Article Newly Inserted by Act No. 13893, Jan. 27, 2016]
 Article 23-4 (Certification, etc. of Environmental Safety of Children’s Activity Spaces)
(1) The Minister of Environment may, upon the application of the manager or owner of any children’s activity space, certify the children’s activity space as environmentally safe facility after evaluating whether such space is environmentally safe.
(2) Where any children’s activity space which has been granted the certification in accordance with paragraph (1) comes to fall under any of the following subpararaphs, the Minister of Environment may cancel its certification: Provided, that the Minister shall cancel its certification in cases falling under subparagraph 1: <Amended by Act No. 15583, Apr. 17, 2018>
1. Where it obtains the certification by fraud or other improper means;
2. Where its manager or owner is punished pursuant to a penalty provision or administrative fine falling under Article 31 (1) 3, 31 (2), or 33 (limited to where an administrative fine is imposed due to a violation of Article 29 (1) 1);
3. Where its manager or owner is punished pursuant to a penalty provision or administrative fine falling under Article 14 (1) 1 or 2, Article 16 (2) or (3) 1, 3, 5, 5-2, 6, 7 of the Indoor Air Quality Control Act;
4. Other cases prescribed by Ordinance of the Ministry of Environment, in which it is deemed difficult to maintain the certification.
(3) Necessary matters concerning the standards, periods, procedures, methods, etc. of certification under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment.
[This Article Newly Inserted by Act No. 13893, Jan. 27, 2016]
 Article 24 (Control of Hazardous Substances for Use by Children)
(1) The Minister of Environment may prepare and publicly notify a list of the kinds of environmentally hazardous factors contained in toys, stationery, disposable diapers, wet tissues, etc. mainly used or touched by children (hereinafter referred to as "children's supplies"), affecting children's health, and their risks following deliberations by the Council. <Amended by Act No. 12524, Mar. 24, 2014>
(2) The Minister of Environment shall devise adequate measures, such as execution of risk assessment, etc. of children's supplies, in order to control environmentally hazardous factors under paragraph (1). <Amended by Act No. 11265, Feb. 1, 2012; Act No. 12524, Mar. 24, 2014>
(3) If any risk is found to exceed the risk standards under Article 11 (1) as a result of the risk assessment under Article 2, the Minister of Environment may restrict or ban the environmentally hazardous factors from being used or sold for any children's supplies or children. In this case, the Minister of Environment shall publicly notify the names of the relevant environmentally hazardous factors and the contents of restriction or prohibition thereof. <Newly Inserted by Act No. 10655, May 19, 2011; Act No. 12524, Mar. 24, 2014>
(4) If the Minister of Environment restricts or bans environmentally hazardous factors from being used for or sold for any children's supplies or children pursuant to paragraph (3), he/she shall consult with the relevant ministries. <Newly Inserted by Act No. 10655, May 19, 2011; Act No. 12524, Mar. 24, 2014>
(5) The Minister of Environment may order any person who has failed to comply with the details of announcement under paragraph (3) to stop selling products for uses in children's supplies or for children or recall the children's supplies. <Newly Inserted by Act No. 10655, May 19, 2011; Act No. 12524, Mar. 24, 2014>
(6) Where an environmentally hazardous factor is deemed to have a high risk as a result of risk assessment under paragraph (2), the Minister of Environment may recommend the business entity who manufactures, imports and sells the environmentally hazardous factor in question (hereinafter referred to as "relevant business entities") to suspend selling the aforementioned factor for use by children or to recall the aforementioned factor. <Amended by Act No. 10655, May 19, 2011>
(7) Where it is deemed to be difficult to eliminate effects on children's health by making recommendations of sale suspension or recall under paragraph (3), the Minister of Environment may announce the fact that he/she recommends the relevant business entities to suspend sale or recall. <Amended by Act No. 10655, May 19, 2011>
(8) The Minister of Environment may request the central administrative agencies concerned to take proper measures, such as sales suspension, improvement, collection, or destruction of children's supplies which contain environmentally hazardous factors acknowledged to have a high risk under paragraph (3), and the central administrative agencies concerned shall comply with such request except in extenuating circumstances. <Amended by Act No. 10655, May 19, 2011>
(9) Upon requesting the heads of the related central administrative agencies concerned to take proper measures under paragraph (8), the Minister of Environment shall announce the matters prescribed by Presidential Decree, such as the relevant children's supplies and the facts requested. In such cases, the Minister of Environment shall have prior consultation with the heads of central administrative agencies concerned on the matters he/she intends to announce. <Newly Inserted by Act No. 12243, Jan. 14, 2014>
(10) A person who intends to manufacture or import children's supplies shall indicate in easy terms whether they contain any environmentally hazardous factors, the content thereof, etc. announced under paragraph (3) on the children's supplies. <Newly Inserted by Act No. 12524, Mar. 24, 2014>
(11) The procedures, methods, etc. concerning the recommendation and announcement of facts recommended and facts requested and the goods subject to indication of content of environmentally hazardous factors and the methods, details, etc. of indication under paragraphs (6), (7), (9) and (10) shall be prescribed by Presidential Decree. <Amended by Act No. 10655, May 19, 2011; Act No. 12243, Jan. 14, 2014; Act No. 12524, Mar. 24, 2014>
 Article 24-2 (Formulation of Self-Management Plans)
(1) A relevant business entity may make and implement a self-management plan, as prescribed by Ordinance of the Ministry of Environment, in order to discourage the use and sale of environmentally hazardous factors for children. <Amended by Act No. 11619, Jan. 1, 2013>
(2) The Minister of Environment may partially subsidize a business entity who makes and implements a self-management plan under paragraph (1), within budgetary limits.
[This Article Newly Inserted by Act No. 10655, May 19, 2011]
 Article 25 (Provision of Information on Risk to Children)
The Minister of Environment shall systematically collect information on the toxicity and risk of environmentally hazardous factors influencing children's health and inform people of such information through website, etc. <Amended by Act No. 12524, Mar. 24, 2014>
CHAPTER V SUPPLEMENTARY PROVISIONS
 Article 26 (Designation and Operation of Environmental Health Centers)
(1) The Minister of Environment may designate and operate any of the national and public research institutes, universities, national and public hospitals, private hospitals, etc. as an environmental health center for the purposes of supporting investigations, research, education and technical development, and epidemiological investigation, and supporting investigations and assessment of the effects of environmentally hazardous factors on health for identifying, monitoring, preventing and controlling harm to health caused by environmentally hazardous factors. <Amended by Act No. 13893, Jan. 27, 2016>
(2) The Minister of Environment shall, in the case of designating an environmental health center in accordance with paragraph (1), designate it for a fixed effective period of up to five years, which is prescribed by Presidential Decree based on the designation purposes, project characters, etc., and may re-designate it when its effective period expires. <Newly Inserted by Act No. 13893, Jan. 27, 2016>
(3) The State may, within budgetary limits, grant an environmental health center designated or designated pursuant to paragraph (1) or (2) (hereinafter referred to as an “Environmental Health Center”) a subsidy for all or part of the expenses necessary for conducting its project. <Amended by Act No. 11619, Jan 1, 2013; Act No. 13893, Jan. 27, 2016>
(4) Matters necessary for the standards and procedures for the designation redesignation of Environmental Health Centers, as well as the operation, etc. thereof shall be prescribed by Presidential Decree. <Amended by Act No. 11619, Jan 1, 2013; Act No. 13893, Jan. 27, 2016>
 Article 26-2 (Appraisal of Environmental Health Centers)
(1) The Minister of Environment shall evaluate Environmental Health Centers in accordance with the following classifications: <Amended by Act No. 13893, Jan. 27, 2016>
1. Periodic appraisal: To appraise, once a year, business performance, etc. of an Environmental Health Center in the previous year (if a comprehensive appraisal under subparagraph 2 has been conducted, the periodic appraisal for the relevant year shall be omitted.);
2. Comprehensive appraisal: To appraise the overall operation of an Environmental Health Center when the effective period under Article 26 (2) expires.
(2) In order to appraise Environmental Health Centers under paragraph (1), the Minister of Environment may organize and operate the Environmental Health Center Appraisal Board, which consists of environmental health specialists, etc., as prescribed by Ordinance of the Ministry of Environment.
(3) Where the Minister intends to conduct an appraisal under paragraph (1), he/she shall inform in advance the head of the relevant Environmental Health Center of the standards for the appraisal, timing thereof, etc.
(4) The Minister of Environment may take any of the following measures depending upon the results of the appraisal conducted under paragraph (1): <Amended by Act No. 13893, Jan. 27, 2016>
1. Issuance of a warning and stoppage of the subsidy prescribed in Article 26 (3);
2. Issuance of a warning and reduction of the subsidy prescribed in Article 26 (3);
3. Increase of the subsidy prescribed in Article 26 (3).
(5) Matters necessary for the appraisal, etc. of the Environmental Health Center, other than those prescribed in paragraphs (1) through 4, shall be prescribed by Ordinance of the Ministry of Environment.
[This Article Newly Inserted by Act No. 11619, Jan. 1, 2013]
 Article 27 (Revocation, etc. of Designation as Environmental Health Centers)
(1) The Minister of Environment may revoke the designation of an Environmental Health Center in any of the following cases or issue an order for business suspension for a period not exceeding six months: Provided, That in cases falling under subparagraph 1 or any of subparagraphs 3 through 5, the designation shall be revoked: <Amended by Act No. 11619, Jan. 1, 2013; Act No. 13893, Jan. 27, 2016>
1. Where an Environmental Health Center is designated or designated, or operated by fraud or other improper means;
2. Where an Environmental Health Center comes to fall short of the standards for designation or redesignation referred to in Article 26 (4) and is deemed to be difficult to achieve the purpose of designating an Environmental Health Center;
3. Where it is deemed inappropriate to continue to maintain the relevant Environmental Health Center, as the result of a comprehensive appraisal conducted under Article 26-2 (1) 2;
4. Where the warnings under Article 26-2 (4) 1 or 2 are received on two or more occasions within three years;
5. Where the purpose of designating an Environmental Health Center is achieved, or where it is deemed unnecessary to continue to maintain an Environmental Health Center.
(2) Matters necessary for the procedures, standards, etc. for revocation of designation, and business suspension under paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 11619, Jan. 1, 2013>
(3) Deleted. <by Act No. 11265, Feb. 1, 2012>
 Article 27-2 (Establishment, Operation, etc. of Center for Prevention and Management of Environmental Diseases)
(1) The Minister of Environment and the heads of local governments may establish and operate a center for the prevention and management of environmental diseases by zone to disseminate information on preventing and managing environmental diseases, to provide medical support and to operate education and activity programs, etc.
(2) The Government may bear all or some of the expenses incurred in conducting business of the center for the prevention and management of environmental diseases provided for in paragraph (1) within budgetary limits.
(3) Matters necessary for the establishment, operation, etc. of a center for the prevention and management of environmental diseases provided for in paragraph (1) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 14931, Oct. 24, 2017]
 Article 28 (Fostering and Support of Environmental Health Specialists)
The Minister of Environment and the heads of local governments may subsidize all or some of the expenses incurred in executing the projects relevant to fostering of specialists having expertise and special qualifications and related research and investigations for the purposes of the promotion of environmental health, within budgetary limits.
 Article 28-2 (Establishment and Operation of Comprehensive Information System for Environmental Health)
(1) The Minister of Environment shall establish and operate a comprehensive information system for environmental health to support policies for environmental health related to the risk assessment and control under Article 11, the investigation under Article 14, the risk control for children’s activity spaces under Article 23, and control of hazardous substances contained in children’s supplies, etc. under Article 24, and to collect and distribute the relevant information.
(2) The Minister of Environment shall provide the relevant entities, including local governments, and the public with the information obtained through the comprehensive information system for environmental health under paragraph (1).
(3) Matters necessary for the establishment, operation, etc. of the comprehensive information system for environmental health under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment.
[This Article Newly Inserted by Act No. 13893, Jan. 27, 2016]
 Article 29 (Reporting, Inspection, etc.)
(1) Where prescribed by Ordinance of the Ministry of Environment for the purpose of monitoring the observance of restrictions on the use of environmentally hazardous factors for children's activity zones, the Minister of Environment may order any of the following persons to make a report or submit documents as necessary and have relevant public officials enter facilities, places of business, etc. to inspect relevant documents, facilities, equipment, etc.: <Amended by Act No. 11265, Feb. 1, 2012; Act No. 12524, Mar. 24, 2014>
1. The manager or owner of a children's activity zone under Article 23 (4);
2. Relevant business entities under Article 24;
3. An inspection agency.
(2) Pubic officials who enter such facilities or conducts inspections under paragraph (1) shall carry a certificate indicating their legitimate authority and produce it to relevant persons.
(3) Where necessary for the risk control of children’s activity spaces under Article 23 and the control of hazardous substances contained in children’s supplies, etc. under Article 24, the Minister of Environment may take specimens or request an inspection agency to take specimens. <Amended by Act No. 13893, Jan. 27, 2016>
(4) The Minister of Environment shall, where taking a specimen in accordance with paragraph (3), request an inspection agency to conduct an examination and inspection thereon. <Newly Inserted by Act No. 13893, Jan. 27, 2016>
 Article 29-2 (Fees)
(1) Where an inspection agency conducts an examination and inspection under Article 23-2, it may receive fees from a person who has requested the examination and inspection.
(2) Fees under paragraph (1) shall be determined by the inspection agency within the limit prescribed by Ordinance of the Ministry of Environment.
[This Article Wholly Amended by Act No. 13893, Jan. 27, 2016]
 Article 29-3 (Hearings)
Where the Minister of Environment intends to impose any of the following dispositions, he/she shall hold a hearing: <Amended by Act No. 13893, Jan. 27, 2016>
1. Cancellation of designation of an inspection agency under Article 23-2 (5);
2. Cancellation of designation of an Environment Health Center under Article 27 (1).
[This Article Newly Inserted by Act No. 11265, Feb. 1, 2012]
 Article 30 (Delegation and Entrustment)
(1) The Minister of Environment may delegate part of his/her authority under this Act to the head of an affiliated agency or the head of a local government as prescribed by Presidential Decree.
(2) The Minister of Environment may entrust part of his/her duties under this Act to relevant corporations or organizations as prescribed by Presidential Decree.
CHAPTER VI PENALTY PROVISIONS
 Article 31 (Penalty Provisions)
(1) Any of the following persons shall be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won: <Amended by Act No. 10655, May 19, 2011; Act No. 12524, Mar. 24, 2014>
1. A person who fails to comply with restrictions on application of hazardous technologies or use of hazardous materials under Article 12 (1);
2. A person who divulges any confidential information learned in the course of carrying out his/her duties to others or use it for purposes other than the performance of his/her duties, in violation of Article 18;
3. A person who fails to comply with an order for improvement of a children's activity zone or an order for compliance with the environmental safety control standards under Article 23 (5);
4. A person who fails to obey an order for sales suspension or recall under Article 24 (5).
(2) Any of the following persons shall be punished by imprisonment for not more than one year or by a fine not exceeding 10 million won: <Amended by Act No. 12524, Mar. 24, 2014; Act No. 13893, Jan. 27, 2016>
1. A manager or owner who fails to comply with an order to undergo a verification inspection in violation of Article 23 (9);
2. A person who allows anyone to use a children's activity zone that is unfit for a verification inspection, in violation of Article 23 (8).
(3) Any person who uses or sells environmentally hazardous factors for use by children in violation of the restriction or ban under Article 24 (3) shall be punished by imprisonment for not more than six months or by a fine not exceeding five million won. <Newly Inserted by Act No. 10655, May 19, 2011>
(4) Any person who fails to indicate or falsely indicates the content of environmentally hazardous factors of children's supplies in violation of Article 24 (10) shall be punished by a fine not exceeding two million won. <Newly Inserted by Act No. 12524, Mar. 24, 2014>
 Article 32 (Joint Penalty Provisions)
(1) When the representative of a corporation or an agent or employee of, or other persons employed by, the corporation commits an offence under Article 31 in connection with the business affairs of the juristic person, not only shall such violator be punished, but the corporation shall also be punished by a fine under the relevant provisions: Provided, That this shall not apply where the corporation has not neglected to pay due attention and supervision concerning the relevant business in order to prevent such violation.
(2) When the representative of an individual or an agent or employee of, or other persons employed by, the individual commits an offence under Article 31 in connection with the business affairs of the individual, not only shall such violator be punished, but the individual shall also be punished by a fine under the relevant provisions: Provided, That this shall not apply where the individual has not neglected to pay due attention and supervision concerning the relevant business affairs in order to prevent such violation.
 Article 33 (Administrative Fines)
(1) Any of the following persons shall be punished by an administrative fine not exceeding five million won: <Amended by Act No. 13893, Jan. 27, 2016>
1. A person who fails to undergo a verification inspection under Article 23 (6);
2. A person who, without good cause, fails to comply with an order for necessary reporting and submission of materials, or refuses, interferes with, or evades inspections by relevant pubic officials in accordance with Article 29.
(2) Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Environment as prescribed by Presidential Decree.
(3) through (5) Deleted. <by Act No. 11265, Feb. 1, 2012>
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That Article 13 shall enter into force January 1, 2010.
Article 2 Deleted. <by Act No. 11619, Jan. 1, 2013>
Article 3 (Applicability to Risk Control of Children's Activity Zones)
Article 23 shall apply to children's activity zones newly established on or after this Act enters into force.
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 10655, may 19, 2011>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 10892, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 10893, Jul. 21, 2011>
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. 11265, Feb. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Special Case of Application concerning Control of Hazardous Substances in Children's Activity Zones)
From January 1, 2016, Article 23 shall apply to children's activity zones established before March 22, 2009: Provided, That Article 23 shall apply to children's activity zones determined by Presidential Decree in consideration of types and sizes of children's activity zones from January 1, 2018.
ADDENDA <Act No. 11619, Jan. 1, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 2 of the Addenda to the Environmental Health Act (Act No. 8946) shall enter into force on January 1, 2013.
Article 2 (Transitional Measures concerning Appraisal of Environmental Health Centers)
Where an Environmental Health Center designated under Article 26 (1) as at the time this Act enters into force has undergone an appraisal of business performance, etc. under paragraph (3) of the former Article 26, it shall be deemed to have undergone a periodic appraisal of the relevant year under the amended provisions of Article 26-2 (1) 1.
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. 12243, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Announcement of Fact Requested for Measures, such as Prohibition of Sale of Children's Supplies)
The amended provisions of Article 24 (9) shall also apply to children's supplies against which the measures requested by the Minister of Environment to the heads of relevant central administrative agencies to take measures, such as prevention of sale, before this Act enters into force have not been taken yet.
ADDENDUM <Act No. 12524, Mar. 24, 2014>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 24 (1) through (5), (10), and (11) and 31 (4) shall enter into force on January 1, 2015.
ADDENDA <Act No. 13893, 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 Effective Period of Environmental Health Center)
The Minister of Environment shall determine the effective period for an Environmental Health Center, which is designated and operated in accordance with the previous provisions as at the time this Act enters into force, within three months after this Act enters into force, as prescribed in the amended provision of Article 26 (2).
ADDENDUM <Act No. 14931, Oct. 24, 2017>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 15583, Apr. 17, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.