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COAL INDUSTRY ACT

Act No. 3807, Jan. 8, 1986

Amended by Act No. 4030, Dec. 26, 1988

Act No. 4324, Jan. 14, 1991

Act No. 4541, Mar. 6, 1993

Act No. 4754, Mar. 24, 1994

Act No. 4861, Jan. 5, 1995

Act No. 5454, Dec. 13, 1997

Act No. 5453, Dec. 13, 1997

Act No. 5822, Feb. 8, 1999

Act No. 6577, Dec. 31, 2001

Act No. 6627, Jan. 26, 2002

Act No. 6654, Feb. 4, 2002

Act No. 6656, Feb. 4, 2002

Act No. 7428, Mar. 31, 2005

Act No. 7552, Mar. 31, 2005

Act No. 7746, Dec. 23, 2005

Act No. 8355, Apr. 11, 2007

Act No. 8372, Apr. 11, 2007

Act No. 8400, Apr. 27, 2007

Act No. 8852, Feb. 29, 2008

Act No. 9010, Mar. 28, 2008

Act No. 9182, Dec. 26, 2008

Act No. 9232, Dec. 26, 2008

Act No. 9401, Jan. 30, 2009

Act No. 9507, Mar. 18, 2009

Act No. 9774, jun. 9, 2009

Act No. 9982, Jan. 27, 2010

Act No. 10219, Mar. 31, 2010

Act No. 10339, jun. 4, 2010

Act No. 10593, Apr. 14, 2011

Act No. 11690, Mar. 23, 2013

Act No. 11998, Aug. 6, 2013

Act No. 12154, Jan. 1, 2014

Act No. 12295, Jan. 21, 2014

Act No. 12738, jun. 3, 2014

Act No. 13849, Jan. 27, 2016

Act No. 14476, Dec. 27, 2016

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to help the sound fosterage and development of the coal industry for the rational exploration and efficient utilization of coal resources, facilitate the stable demand and supply, and the smooth distribution of coal and coal-processed products, promote the successful implementation of coal mine area development projects, and thereby to contribute to the balanced growth of the national economy and promotion of the national standard of living.
[This Article Wholly Amended by Act No. 10593, Apr. 14, 2011]
 Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows:
1. The term "coal industry" means coal mining and coal processing industries;
2. The term "coal mining business" means the business of coal exploration, coal extracting, and the business accompanied therewith including coal screening;
3. The term "coal mining business operator" means a mining right holder or a mining lease holder who operates coal mining business;
4. The term "coal processing business" means the business of producing coal-processed products;
5. The term "coal processing business operator" means a person who operates the coal processing business;
6. The term "mining right" or "mining concession right" means mining right and mining concession right, respectively, under the Mining Industry Act, the object of which is coal;
7. The term "coal-processed products" means processed products principal raw material of which is coal, which is prescribed by Presidential Decree;
8. The term "mining damage" means the public damage incurred due to the activities of coal industry such as digging-up the land, leakage of mine water or waste water, sweeping away of mucks, or scattering of coal dust;
9. The term "coal mine area" means an administrative district, the unit of which is a Si or Gun, where a mine is located or adjacent and the regional economy of which is significantly affected by the coal industry.
[This Article Wholly Amended by Act No. 10593, Apr. 14, 2011]
 Article 3 (Formulation of Long-Term Coal Industry Plan)
(1) The Minister of Trade, Industry and Energy shall formulate a long-term comprehensive plan for coal industry (hereinafter referred to as "coal industry long-term plan") for the rational development of the coal industry, the stabilization of demand and supply of coal and coal-processed products, and the development of the coal mine areas. <Amended by Act No. 11690, Mar. 23, 2013>
(2) A coal industry long-term plan shall include the following matters:
1. Long-term estimation of the supply and demand of coal, including coal for electricity generation, and the fundamental policy orientation;
2. Matters concerning the rational development of coal resources;
3. Matters concerning the support for, and promotion of, coal industry and the arrangements for mine closure;
4. Matters concerning mine safety, prevention of mining damage, and technological development;
5. Matters concerning the implementation of coal mine area development projects;
6. Other necessary measures for the rationalization of the coal industry.
[This Article Wholly Amended by Act No. 10593, Apr. 14, 2011]
 Article 4 Deleted. <by Act No. 5822, Feb. 8, 1999>
 Article 5 (Succession of Effect of Legal Action)
The proceedings or other actions taken under this Act shall be binding on the successors to coal mining business operators, land-owners, and other interested parties.
[This Article Wholly Amended by Act No. 10593, Apr. 14, 2011]
CHAPTER II RATIONAL DEVELOPMENT OF COAL RESOURCES
 Article 6 (Use of Adjacent Mining District)
(1) Where it is deemed difficult for a coal mining business operator to conduct rational development of a mineral deposit or maintain mine safety without installing the following facilities by using a mining district owned by others to which the location and formation of his/her own mineral deposit is adjacent (hereinafter referred to as the "adjacent mining district"), the coal mining business operator may consult with the coal mining business operator of the adjacent mining district about the use of the adjacent mining district for the purpose of installing such facilities:
1. Ventilation pit;
2. Carriage tunnel;
3. Drainage;
4. Other facilities prescribed by Presidential Decree.
(2) In any of the following cases, a coal mining business operator may request the Minister of Trade, Industry and Energy to make a decision on the use of the adjacent mining district: <Amended by Act No. 11690, Mar. 23, 2013>
1. Where the consultation under paragraph (1) is unable to be held due to unknown whereabouts of the other party or by any other cause;
2. Where he/she fails to reach an agreement within three months after the initiation of consultation.
(3) When the Minister of Trade, Industry and Energy intends to make a decision upon the use of the adjacent mining district on a request made under paragraph (2), he/she shall have a specialized institution prescribed by Ordinance of the Ministry of Trade, Industry and Energy examine whether any difficulty exists in the mining operation of the adjacent mining district. <Amended by Act No. 11690, Mar. 23, 2013>
(4) The decision made by the Minister of Trade, Industry and Energy under paragraph (3) shall include the location, size of the adjacent mining district to be used, use fee, and other terms of use. <Amended by Act No. 11690, Mar. 23, 2013>
(5) Once a decision is made by the Minister of Trade, Industry and Energy pursuant to paragraph (3), the coal mining business operator of the adjacent mining district shall not obstruct the use of the relevant mining district. <Amended by Act No. 11690, Mar. 23, 2013>
(6) The details of agreement reached under paragraph (1) or the decision made under paragraph (3) may not be contested against a third party unless such agreement or decision is registered on the mining industry ledger.
[This Article Wholly Amended by Act No. 10593, Apr. 14, 2011]
 Article 7 Deleted. <by Act No. 5822, Feb. 8, 1999>
 Article 8 Deleted. <by Act No. 5822, Feb. 8, 1999>
 Article 9 Deleted. <by Act No. 5822, Feb. 8, 1999>
 Article 10 Deleted. <by Act No. 5822, Feb. 8, 1999>
 Article 11 Deleted. <by Act No. 5822, Feb. 8, 1999>
 Article 12 Deleted. <by Act No. 5822, Feb. 8, 1999>
 Article 13 Deleted. <by Act No. 5822, Feb. 8, 1999>
 Article 14 Deleted. <by Act No. 5822, Feb. 8, 1999>
 Article 15 Deleted. <by Act No. 5822, Feb. 8, 1999>
 Article 16 Deleted. <by Act No. 5822, Feb. 8, 1999>
CHAPTER III ADJUSTMENT OF DEMAND AND COAL-PROCESSED PRODUCTS
 Article 17 (Registration of Coal Processing Business)
(1) A person who intends to operate a coal processing business shall be registered with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter referred to as "head of a Si/Gun/Gu"). <Amended by Act No. 13849, Jan. 27, 2016>
(2) When a person registered under paragraph (1) intends to alter any matter prescribed by Ordinance of the Ministry of Trade, Industry and Energy, among the matters registered, he/she shall report thereon to the head of the relevant Si/Gun/Gu. <Amended by Act No. 11690, Mar. 23, 2013>
(3) The criteria for registration referred to in paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10593, Apr. 14, 2011]
 Article 18 Deleted. <by Act No. 4030, Dec. 26, 1988>
 Article 19 (Disqualifications of Coal Processing Business Operator)
Any of the following persons shall be prohibited from being registered for a coal processing business operation: <Amended by Act No. 12295, Jan. 21, 2014; Act No. 13849, Jan. 27, 2016>
1. A person under adult guardianship;
2. A person who are subject to an adjudication of bankruptcy and has not been reinstated;
3. A person for whom two years have not passed since the execution of his/her imprisonment declared by a court by reason of violating this Act was terminated (including cases where such execution is deemed to have been terminated) or exempted;
4. A person who is subject to suspended sentence of imprisonment with prison labor declared by a court by reason of violating this Act;
5. A person for whom less than two years have passed since the cancellation of the registration for a coal processing business operation under Article 21 (1) (excluding cases where registration is cancelled because of falling under the grounds of disqualification in subparagraphs 1 or 2 of Article 19);
6. A corporation the representative of which falls under any of subparagraphs 1 through 5.
[This Article Wholly Amended by Act No. 10593, Apr. 14, 2011]
 Article 20 (Succession)
(1) Any of the following persons shall succeed to the status of a coal processing business operator:
1. Where a coal processing business operator transfers all of his/her coal processing operation, the transferee;
2. Where a coal processing business operator dies, the inheritor;
3. Where a coal processing business operator who is a corporation is merged with any other corporation, the corporation which remains after or is established by such merger.
(2) A person who takes over the entire facilities engaged in the coal processing business through any of the following procedures shall succeed to the status of the former coal processing business operator: <Amended by Act No. 14476, Dec. 27, 2016>
1. Auction under the Civil Execution Act;
3. Sale of seized property under the National Tax Collection Act, the Customs Act, or the Local Tax Collection Act;
4. Any other procedure corresponding to any of the provisions of subparagraphs 1 through 3.
(3) The person who has succeeded to the status of a coal processing business operator as prescribed in paragraph (1) or (2) shall report the succession to the head of the relevant Si/Gun/Gu as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10593, Apr. 14, 2011]
 Article 21 (Cancellation, etc. of Licence)
(1) When a coal processing business operator falls under any of the following cases, the head of the relevant Si/Gun/Gu may cancel the registration, or order to suspend the operation for a fixed period within six months:
1. Where he/she fails to meet the criteria for registration referred to in Article 17 (3);
2. Where he/she falls under any subparagraph of Article 19;
3. Where he/she fails to comply with the measures referred to in Article 24 (1);
4. Where he/she violates the obligation to maintain quality referred to in Article 25 (1), or rejects, interferes with, or evades quality inspection referred to in Article 25 (3).
(2) In any of the following case, paragraph (1) shall not apply for six months from the date on which he/she falls under subparagraph 6 of Article 19, or the date on which succession commences:
1. Where a corporation falls under subparagraph 6 of Article 19;
2. Where the inheritor who has succeeded to the status of a coal processing business operator falls under any of subparagraphs 1 through 5 of Article 19.
(3) Where a coal processing business operator falls under paragraph (1) 3 or 4, the Minister of Trade, Industry and Energy may order to suspend the operation for a fixed period within six months. <Amended by Act No. 11690, Mar. 23, 2013>
(4) Where the Minister of Trade, Industry and Energy or the head of a Si/Gun/Gu intends to order to suspend the business or mining as referred to in paragraph (1) or (3), he/she may impose a penalty surcharge not exceeding 10 million won in lieu of suspension of business or mining, if such suspension of business or mining is likely to cause serious inconveniences to users, etc. or is likely to be detrimental to public interests. <Amended by Act No. 11690, Mar. 23, 2013>
(5) The standards for disposition by offense referred to in paragraph (1) or (3) and the standards for imposition of a penalty surcharge referred to in paragraph (4) shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy, taking into account the cause and degree of offense. <Amended by Act No. 11690, Mar. 23, 2013>
(6) Where a person who is liable to pay a penalty surcharge as referred to in paragraph (4) fails to do so within the time limit of payment, the Minister of Trade, Industry and Energy or the head of the relevant Si/Gun/Gu shall collect it in the same manner as delinquent national taxes or in accordance with the Act on the Collection, etc. of Local Non-Tax Revenue. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11998, Aug. 6, 2013>
[This Article Wholly Amended by Act No. 10593, Apr. 14, 2011]
 Article 21-2 (Hearing)
Where the head of a Si/Gun/Gu intends to cancel the registration as referred to in Article 21 (1), he/she shall hold a hearing.
[This Article Wholly Amended by Act No. 10593, Apr. 14, 2011]
 Article 22 (Report of Suspension or Closure of Coal Processing Operation)
When a coal processing business operator intends to close down or suspend his/her operation for six months or more, he/she shall report in advance to the head of the relevant Si/Gun/Gu as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. The same shall also apply to the case where the coal processing business operator intends to resume the suspended operation. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10593, Apr. 14, 2011]
 Article 23 (Moving of Coal Processing Plants and Construction of Coal Processing Industry Complex)
(1) The Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor, or the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") shall devise necessary measures such as the creation, etc. of a fuel industry complex in order to induce coal processing plants to move to suburban areas, to be integrated into an industrial complex, or to be amalgamated. <Amended by Act No. 13849, Jan. 27, 2016>
(2) Notwithstanding Article 43 of the State Properties Act or Article 29 of the Public Property and Commodity Management Act, where a local government or a coal-processing business operator needs property owned by the State or a local government for the purpose of moving coal processing plants to suburban areas or creating a complex, the State or the local government may sell the property owned by it by contract ad libitum.
(3) Where necessary for the creation of fuel complex under paragraph (1), Mayor/Do Governor may expropriate or use, under the Act on Acquisition of and Compensation for Land, etc. for Public Works, land, buildings, or fixtures on land, or rights on land, buildings, or fixtures on land other than ownership right.
[This Article Wholly Amended by Act No. 10593, Apr. 14, 2011]
 Article 24 (Measures for Adjustment of Demand and Supply of Coal, etc.)
(1) Where any serious difficulty in the demand and supply of coal and coal-processed products is likely to be caused, or where deemed inevitable to maintain the coal industry, the Minister of Trade, Industry and Energy may take the following measures against coal mining business operators, coal-processing business operators, persons who use coal for electricity generation or for fuel for any other purpose, or other institutions or organizations related to coal industry and prescribed by Presidential Decree: <Amended by Act No. 11690, Mar. 23, 2013>
1. Adjustment of the production amount of coal and the kinds and production amount of coal-processed products;
2. Adjustment of the reservation of coal and coal-processed products and coal storage facilities;
3. Adjustment of the distribution or restriction on consumption of coal and coal-processed products;
4. Adjustment of the regional distribution of coal and coal-processed products;
5. Adjustment of the amount of usage of coal for electricity generation;
6. Decision on and public notification of selling prices for supporting for coal and coal-processed products.
(2) The Minister of Trade, Industry and Energy may take such measures as he/she deems necessary, as prescribed by Presidential Decree, against coal processing business operators or sellers of coal-processed products, in order to secure the safety of the consumers of coal-processed products. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10593, Apr. 14, 2011]
 Article 25 (Maintenance of Quality and Inspection)
(1) A coal mining business operator or coal processing business operator shall maintain the quality of coal or coal-processed products produced for the purpose of sale to satisfy the quality criteria prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>
(2) A coal mining business operator or coal processing business operator shall set up facilities for quality analysis and test as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>
(3) The Minister of Trade, Industry and Energy may inspect the quality of coal and coal-processed products as prescribed by Ordinance of the Ministry of Trade, Industry and Energy in order to maintain the quality as prescribed in paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10593, Apr. 14, 2011]
CHAPTER IV SUPPORT, ETC. FOR COAL INDUSTRY AND COAL MINE AREAS
 Article 26 (Appropriation of Project Expenses for Rationalization, etc. of Coal Industry)
The Government shall appropriate on expenditure budget project expenses necessary for the rationalization and stable growth of coal industry and development of coal mine areas, each fiscal year.
[This Article Wholly Amended by Act No. 8400, Apr. 27, 2007]
 Article 27 (Use of Project Expenses)
(1) The project expenses prescribed in Article 26 shall be spent for the following uses:
1. Subsidy for mine safety facilities and mining damage prevention facilities;
2. Subsidy for welfare services for coal mine employees;
3. Subsidy for mine area development projects such as projects for development of coal mine areas;
4. Subsidization of the cost of equipment for improvement of mining facilities;
5. Capital contribution and provision of subsidy to the Korea Coal Corporation under the Korea Coal Corporation Act "hereinafter referred to as the "Korea Coal Corporation") and the Korea Resources Corporation under the Korea Resources Corporation Act (hereinafter referred to as the "Korea Resources Corporation");
6. Contribution and provision of subsidy for research on the exploitation and utilization of coal and the projects for improvement of thermal efficiency;
7. Other assistance projects prescribed by Presidential Decree for the rationalization and stable growth of coal industry.
(2) The Minister of Trade, Industry and Energy may, limiting to the projects falling under paragraph (1) 1, use part of the project expenses for mining industries other than the coal industry. <Amended by Act No. 11690, Mar. 23, 2013>
(3) In subsidizing facility expenditure under paragraph (1) 4, the Minister of Trade, Industry and Energy may attach a condition to repay all or part of the subsidy in cases of mining facilities prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
(4) The amount of money repaid under paragraph (3) shall be devolve on the special accounts for energy and resources-related projects under the Act on the Special Accounts for Energy and Resources-Related Projects. <Amended by Act No. 12154, Jan. 1, 2014>
[This Article Wholly Amended by Act No. 10593, Apr. 14, 2011]
 Article 28 (Promotion of Coal Industry)
(1) The Government shall implement the following programs in order for the rational development of the coal industry and securement of stable demand and supply of coal:
1. Programs to reserve coal for emergencies;
2. Loans for coal storage in summer in preparation for winter;
3. Loans for coal reserve facilities;
4. Loans for improving the coal industry facilities;
5. Loans to the Korea Coal Corporation and the Korea Resources Corporation;
6. Other programs prescribed by Presidential Decree.
(2) The coal processing business operator who receives a loan under paragraph (1) 2 shall not transfer the coal purchased by the loan to a third party nor furnish it as mortgage.
[This Article Wholly Amended by Act No. 10593, Apr. 14, 2011]
 Article 29 (Support for Stabilization of Coal Industry)
In order to assure the stable operation of the coal mining industry, to promote the welfare of coal mine workers, and to secure the stability in the use of coal-processed products, the Government shall implement the following programs:
1. Countermeasure programs for coal mine closure;
2. Scholarship programs for children of workers engaged in coal mining business;
3. Welfare programs for coal mine workers and mine area development programs;
4. Quality inspection programs for coal and coal-processed products;
5. Programs for technology development concerning coal and coal-processed products;
6. Programs to enhance the stability in the use of coal-processed products;
7. Programs for price stabilization of coal and coal-processed products;
8. Programs for the prevention of pneumoconiosis and the protection of pneumoconiosis patients;
9. Other assistance programs prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10593, Apr. 14, 2011]
 Article 30 Deleted. <by Act No. 5822, Feb. 8, 1999>
 Article 30-2 Deleted. <by Act No. 5822, Feb. 8, 1999>
 Article 31 Deleted. <by Act No. 7552, May 31, 2005>
 Article 32 Deleted. <by Act No. 4030, Dec. 26, 1988>
 Article 33 (Preferential Implementation of Assistance Projects)
For the person who let others use his/her mining area under Article 6 (1), the Government may preferentially implement assistance projects prescribed in Article 27 (1) 1 through 3 and 6 and Article 28 (1) 2 through 4 and 6.
[This Article Wholly Amended by Act No. 10593, Apr. 14, 2011]
 Article 34 Deleted. <by Act No. 4030, Dec. 26, 1988>
 Article 35 Deleted. <by Act No. 5822, Feb. 8, 1999>
 Article 36 (Report, Inspection, etc.)
(1) Where it is necessary for stable supply and demand of coal and coal-processed products, the Minister of Trade, Industry and Energy, a Mayor/Do Governor, or the head of a Si/Gun/Gu may have a coal mining business operator or coal processing business operator submit books, documents and other things related to his/her business or report thereon: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13849, Jan. 27, 2016>
(2) Where the Minister of Trade, Industry and Energy, a Mayor/Do Governor or the head of a Si/Gun/Gu deems it necessary after reviewing the materials submitted and details of report, he/she may have the competent public official have access to the relevant place of business, etc. and conduct necessary inspections (including asking questions; hereafter the same shall apply in this Article). <Amended by Act No. 11690, Mar. 23, 2013>
(3) In conducting an investigation under paragraph (2), an inspection plan, including the date and time of inspection and the reason for and details of inspection, shall be notified to the person subjected to the inspection not later than seven days before the inspection: Provided, That such notification may not be made in cases of emergency or if the purpose of inspection is deemed impossible to achieve due to such reason as destruction of evidence, etc. if a prior notification is made.
(4) A public official who conducts an inspection under paragraph (2) shall carry a certificate verifying his/her authority and show it to the related person, and hand over a document stating his/her name, time and purpose of access, etc. to the related person at the time of access.
[This Article Wholly Amended by Act No. 10593, Apr. 14, 2011]
 Articles 37 and 38 Deleted. <by Act No. 5822, Feb. 8, 1999>
 Article 39 (Field Survey, etc. on Adjacent Mining District)
(1) The Minister of Trade, Industry and Energy shall devise necessary measures to reduce disorderly extraction of coal resources and hazards to mine workers by quickly preventing the trespass mining of an adjacent mining district. <Amended by Act No. 11690, Mar. 23, 2013>
(2) If a coal mining business operator has reasons to acknowledge that the coal mining business operator of an adjacent mining district has committed the trespass mining beyond the boundary of the relevant mining district into the former's mining district, he/she may request the Minister of Trade, Industry and Energy to conduct a field survey. <Amended by Act No. 11690, Mar. 23, 2013>
(3) When the Minister of Trade, Industry and Energy receives a request under paragraph (2), he/she shall, without delay, have the persons designated respectively by the coal mining business operator who has requested the field survey (hereinafter referred to as “applicant”) and the coal mining business operator of the adjacent mining district, jointly conduct field survey and measuring on the relevant area at each party's own expense, with the participation of the public officials under his/her jurisdiction (including the public officials in mine safety office). In such cases, the Minister of Trade, Industry and Energy may, if deemed necessary, order to preserve the relevant site. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13849, Jan. 27, 2016>
(4) The applicant and the coal mining business operator of the adjacent mining district shall require the person designated for conducting field survey pursuant to the former part of paragraph (3) to attend on the date of field survey. In such cases, where a person designated by the applicant fails to attend the field survey without good cause, the application shall be deemed to be waived, and where a person designated by the coal mining business operator of the adjacent mining district fails to attend the field survey, the field survey shall be conducted only with the person designated by the applicant and the survey shall be deemed to have been jointly conducted pursuant to paragraph (3). <Newly Inserted by Act No. 13849, Jan. 27, 2016>
(5) In case where the applicant or the coal mining business operator of the adjacent mining district raises an objection regarding the result of the field survey conducted under paragraph (3), the Minister of Trade, Industry and Energy shall have a survey or measuring conducted by a person registered as a surveyor under Article 44 (2) of the Act on the Establishment, Management, etc. of Spatial Data or a professional institution prescribed by Ordinance of the Ministry of Trade, Industry and Energy. In such cases, the coal mining business operator of the adjacent mining district shall not obstruct the survey or measuring. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12738, Jun. 3, 2014; Act No. 13849, Jan. 27, 2016>
(6) The applicant and the coal mining business operator of the adjacent mining district may participate in the field survey conducted under paragraph (5) and present their opinions. <Amended by Act No. 13849, Jan. 27, 2016>
(7) The Minister of Trade, Industry and Energy may order the coal mining business operator of the adjacent mining district to suspend his/her operation temporarily or to provide mining facilities or equipment for use if he/she deems it necessary for the field survey. In such cases, the scope of the order shall be limited to the necessary minimum. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13849, Jan. 27, 2016>
(8) Upon performing a field survey under paragraph (5), the Minister of Trade, Industry and Energy shall have the requester pay the expenses in advance for such survey and deposit the estimated amount of compensation for loss to be paid to the coal mining business operator of the adjacent mining district, if the field survey results in the judgment that trespass mining has never occurred beyond the boundary of the relevant mining district into the requester's mining district. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13849, Jan. 27, 2016>
(9) If a field survey conducted under paragraph (3) or (5) results in the judgement that trespass mining has occurred beyond the boundary of the relevant mining district into the requester's mining district, the Minister of Trade, Industry and Energy shall order suspension of operation in such zone and closure of tunnel. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13849, Jan. 27, 2016>
[This Article Wholly Amended by Act No. 10593, Apr. 14, 2011]
CHAPTER IV-2 ARRANGEMENT OF CLOSED MINES FOR COAL MINING BUSINESS
 Article 39-2 (Establishment of Criteria for Closed Mines Eligible for Support)
The Minister of Trade, Industry and Energy may determine and publicly notify the criteria for coal mines eligible for receiving expenses for taking countermeasures against mine closure under Article 39-3 in consideration of the amount of coal reserve, production amount and the quality of coal, etc. The same shall also apply to alteration of the criteria. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10593, Apr. 14, 2011]
 Article 39-3 (Payment of Expenses for Taking Countermeasures against Mine Closure)
(1) When a coal mining business operator of a mine that meets the criteria referred to in Article 39-2 (1) has completed the registration of extinction of his/her mining right or mining concession right concerned (hereinafter referred to as "mining rights, etc."), the Mine Reclamation Corporation under Article 31 of the Mining Damage Prevention and Restoration Act (hereinafter referred to as the "Corporation") shall pay the following amount of money (hereinafter referred to as "countermeasure expenses for mine closure") to the coal mining business operators and the retired workers satisfying the requirements prescribed by Presidential Decree, etc. of the relevant mine: <Amended by Act No. 13849, Jan. 27, 2016>
1. The amount equivalent to 75% of the minimum standard amount of retirement allowance prescribed in Article 8 of the Act on the Guarantee of Workers' Retirement Benefits, wages of not more than two months, and retirement consolation benefit equivalent to one-month average wages defined in Article 2 (1) 6 of the Labor Standards Act;
2. The expense to support the coal mining business operator for the moving, abandonment, etc. of mining facilities, the amount of which shall be prescribed by Presidential Decree based on annual production volume of the closing mine within the limit of 10,000 won for a ton;
3. The expense to prevent mining damage from the closing mine;
4. Other countermeasure expenses for mine closure prescribed by Presidential Decree.
(2) The Minister of Trade, Industry and Energy may determine the maximum number of the retired employees for each mine who are eligible for receiving the countermeasure expenses for mine closure, as prescribed by Presidential Decree. <Newly Inserted by Act No. 13849, Jan. 27, 2016>
(3) If the Minister of Trade, Industry and Energy deems it inevitable to close a mine that meets the criteria referred to in Article 39-2, on account that it is impossible to register the extinction of a mining right, etc. due to the unknown whereabout of the coal mining business operator, delay in payment of workers' wages, etc., he/she may cancel the mining right, etc. and have the Corporation pay the countermeasure expenses for mine closure. In such cases, the amount referred to in paragraph (1) 2 shall be paid in the order of the wages prescribed in Article 38 (2) 1 of the Labor Standards Act (including the wages received under paragraph (1) 1), the liabilities to the mortgagee of the relevant mining right, and wages and retirement allowances of the retired workers of the relevant mine. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13849, Jan. 27, 2016>
(4) Where retirement allowances and wages are paid to retired workers under paragraph (1) or (3), liabilities of the coal mining business operator shall be extinct within the limit of the payment made. <Amended by Act No. 13849, Jan. 27, 2016>
(5) The right to claim for payment of countermeasure expenses for mine closure shall be extinguished upon expiry of the period of prescription if it is not exercised for five years. <Newly Inserted by Act No. 13849, Jan. 27, 2016>
(6) Persons eligible for receiving countermeasure expenses for mine closure, and matters necessary for the scope of and procedure for payment of countermeasure expenses for mine closure, etc. under paragraph (1) or (3) shall be prescribed by Presidential Decree. <Amended by Act No. 13849, Jan. 27, 2016>
[This Article Wholly Amended by Act No. 10593, Apr. 14, 2011]
 Article 39-4 (Mine Closure and Mortgage)
(1) If a mortgage has been established on the mining right that a mining right holder intends to file registration for extinction under Article 39-3 (1), the approval from the mortgagee shall be obtained in advance.
(2) If a mortgage is established on the mining right that has been cancelled under Article 39-3 (3), the Minister of Trade, Industry and Energy shall notify the mortgagee of such cancellation without delay. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13849, Jan. 27, 2016>
(3) Where an approval is obtained under paragraph (1), or a notification is made under paragraph (2), Articles 36 and 37 of the Mining Industry Act shall not apply.
[This Article Wholly Amended by Act No. 10593, Apr. 14, 2011]
 Article 39-5 (Mining Closure and Mining Concession Right)
If a mining concession right is established on the mining right that has been cancelled under Article 39-3 (1) or (3), the mining right within the district of the relevant mining concession right shall be deemed retained until the date on which the duration of the mining concession right expires. <Amended by Act No. 13849, Jan. 27, 2016>
[This Article Wholly Amended by Act No. 10593, Apr. 14, 2011]
 Article 39-6 (Restriction, etc. on Application for Mining Right)
(1) Concerning a district in which a mining right has become extinct under Article 39-3 (1) or (3), no application for the establishment of a mining right on coal or other minerals contained in the same mineral deposit shall be made. <Amended by Act No. 13849, Jan. 27, 2016>
(2) Concerning a district in which mining concession right has become extinct under Article 39-3 (1) or (3), no application for approval of an extraction plan under Article 42 of the Mining Industry Act nor application for approval of the establishment of mining concession right under Article 52 of the same Act shall be made. <Amended by Act No. 13849, Jan. 27, 2016>
[This Article Wholly Amended by Act No. 10593, Apr. 14, 2011]
 Article 39-7 (Countermeasures for Retired Workers)
(1) Where the Minister of Trade, Industry and Energy requests, the Minister of Labor shall devise necessary countermeasures for the unemployment of retired workers of a mine closed pursuant to Article 39-3 (1) or (3). <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13849, Jan. 27, 2016>
(2) Coal mining business operators shall preferentially employ the retired workers of a closed mine in accordance with the countermeasures for unemployment devised under paragraph (1).
[This Article Wholly Amended by Act No. 10593, Apr. 14, 2011]
CHAPTER IV-3 PUSHING FOR COAL MINE AREA PROMOTION PROJECTS
 Article 39-8 (Designation as Coal Mine Area Promotion Project Implementation Zone)
(1) Where a Mayor/Do Governor having jurisdiction over a coal mine area reaches a judgment that the promotion of the regional economy is necessary as it has been depressed due to the closure of a coal mine, the reduced demand for coal, etc. he/she may request the Minister of Trade, Industry and Energy to designate the relevant area as a zone for implementation of coal mine area promotion project (hereinafter referred to as "implementation zone"). <Amended by Act No. 11690, Mar. 23, 2013>
(2) Upon receiving a request under paragraph (1), the Minister of Trade, Industry and Energy shall, after consultation with the heads of central administrative agencies, decide whether he/she will designate an implementation zone and on the boundary thereof. The same shall also apply when he/she makes an alteration to such decision. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10593, Apr. 14, 2011]
 Article 39-9 (Formulation, etc. of Project Plans for Promotion of Coal Mine Areas)
(1) Where an implementation zone is designated under Article 39-8, the relevant Mayor/Do Governor shall, without delay, formulate a project plan for promotion of the coal mine area (hereinafter referred to as "project plan") and submit it to the Minister of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Upon receiving a project plan under paragraph (1), the Minister of Trade, Industry and Energy, after consultation with the heads of the relevant central administrative agencies, shall make a final decision on the plan. The same shall also apply to the alteration of the plan: Provided, That the same shall not apply to minor matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>
(3) A project plan submitted under paragraph (1) shall include any of the following programs:
1. Program to increase the residents' income and to improve the living environment;
2. Program to expand infrastructure facilities for exploitation of natural resources and regional development;
3. Program to expand welfare, and educational and cultural facilities;
4. Program to foster substitute industries such as the development of tourism resources and the creation of a mining-industrial complex;
5. Other programs deemed necessary for the promotion of the coal mine area.
(4) When the Minister of Trade, Industry and Energy has made the final decision on a project plan under paragraph (2), he/she shall publicly notify the following matters. The same shall also apply to the alteration of the plan. <Amended by Act No. 11690, Mar. 23, 2013>
1. Details of the plan for promotion of the coal mine area;
2. Implementation period of the project;
3. Plan for raising necessary funds;
4. Other matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
[This Article Wholly Amended by Act No. 10593, Apr. 14, 2011]
 Article 39-10 (Formulation of Annual Implementation Plan)
(1) The Mayor/Do Governor having jurisdiction over the implementation zone shall formulate an annual implementation plan in accordance with the project plan finalized under Article 39-9 and obtain the approval thereon from the Minister of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The Minister of Trade, Industry and Energy shall consult with the heads of the relevant central administrative agencies in advance before approving an implementation plan. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10593, Apr. 14, 2011]
 Article 39-11 (Appropriation in Budget)
The heads of the relevant central administrative agencies and the Mayor/Do Governor having jurisdiction over an implementation zone shall appropriate all or part of the fund needed for the project under Article 39-9 in their annual budget.
[This Article Wholly Amended by Act No. 10593, Apr. 14, 2011]
 Article 39-12 (Relationship with Other Plans)
The project plan finalized under Article 39-9 has the priority over other development projects than those prescribed in the comprehensive national land plan under the Framework Act on the National Land, the urban management plan and the construction plans related to military installations under the National Land Planning and Utilization Act.
[This Article Wholly Amended by Act No. 10593, Apr. 14, 2011]
CHAPTER V SUPPLEMENTAL PROVISIONS
 Article 40 (Fees)
A person who intends to file a registration or a report under Article 17 (1) or (2) or 20 (3) shall pay a fee prescribed by Ordinance of the Minister of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10593, Apr. 14, 2011]
 Article 41 (Delegation of Authority)
Part of the authority of the Minister of Trade, Industry and Energy under this Act may be delegated to Si/Do Governors as prescribed by Presidential Decree.
 Article 42 Deleted. <by Act No. 10593, Apr. 14, 2011>
CHAPTER VI PENALTY PROVISIONS
 Article 43 (Penalty Provisions)
(1) Any of the following persons shall be punished by imprisonment with forced labor for not more than three years or by a fine not exceeding 30 million won: <Amended by Act No. 12295, Jan. 21, 2014; Act No. 13849, Jan. 27, 2016>
1. A person who operates a coal processing business, without registration completed under Article 17 (1);
2. A person who violates the business suspension order issued under Article 21 (1);
3. A person who violates the measures taken under Article 24 (1) or (2);
4. A person who violates the obligation to maintain quality as prescribed in Article 25 (1);
5. A person who violates an order issued under Article 39 (3), (7), or (9) or violates the obligation not to cause any obstruction as referred to in the latter part of Article 39 (5).
(2) The public prosecutions against violations prescribed in paragraph (1) 3 and 4 may be instituted if any accusation is filed by the Minister of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10593, Apr. 14, 2011]
 Article 44 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with forced labor for not more than one year or by a fine not exceeding 10 million won: <Amended by Act No. 12295, Jan. 21, 2014>
1. A person who obstructs the use of an adjacent mining district, in violation of Article 6 (5);
2. A person who rejects, interferes with, or evades the inspection conducted under Article 25 (3);
3. A person who transfers coal purchased by a loan or furnish it as mortgage, in violation of Article 28 (2).
[This Article Wholly Amended by Act No. 10593, Apr. 14, 2011]
 Article 45 (Fine for Negligence)
(1) Any person who rejects, interferes with, or evades the access and inspection conducted under Article 36 (2) shall be punished by a fine for negligence not exceeding three million won:
(2) Any of the following persons shall be punished by a fine for negligence not exceeding one million won:
1. A person who fails to report the alteration of the matters registered as prescribed in Article 17 (2);
2. A person who failed to install the facilities for quality analysis and test as prescribed in Article 25 (2);
3. A person who fails to submit books, documents or other things as prescribed in Article 36 (1) or falsely submits them, or a person who fails to report referred to in Article 36 (1) or falsely reports.
(3) Any of the following persons shall be punished by a fine for negligence not exceeding 500 thousand won:
1. A person who fails to report on the succession as prescribed in Article 20 (3);
2. A person who fails to report on the suspension or closure of his/her business or on the resumption of suspended business as prescribed in Article 22.
(4) The fine for negligence prescribed in paragraphs (1) through (3) shall be imposed and collected by the Minister of Trade, Industry and Energy or the heads of Sis/Guns/Gus. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 10593, Apr. 14, 2011]
 Article 46 (Joint Penal Provisions)
Where a representative of a corporation, or an agent, employee or other person working for a corporation or individual commits a violation under Article 43 or 44 with respect to the duties of the corporation or individual, not only shall such violator be punished accordingly, but also the corporation or individual shall be punished by a fine prescribed in the relevant provisions: Provided, That this shall not apply where such corporation or individual has not neglected to take reasonable care and supervision concerning the relevant duties in order to prevent such violation.
[This Article Wholly Amended by Act No. 9232, Dec. 26, 2008]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on December 31, 1986.
Article 2 (Time Limitation in Application)
The provisions of Articles 26 and 27 shall enter into force until December 31, 2001.
Article 3 (Repealed Acts)
The following Acts shall be abolished: Provided, That an application of the rules of punishment for acts that occurred before the abolishment of such Acts shall be done according to the provisions before the abolishment:
Article 4 (Transitional Measures concerning License, etc. under Acts to be Abolished)
(1) License, approval, inspection, report, and other administrative actions taken as prescribed by the Coal Development Temporary, Temporary Measure Act concerning Promotion of Coal Mining Industry, and Temporary Measure Act concerning Regulation of Demand and Supply of Coal before the enforcement of this Act shall be regarded as taken under this Act: Provided, That from among the coal processing business operators who received a license as prescribed by the Temporary Measure Act concerning Regulation of Demand and Supply of Coal, the business operator who fails to meet the facility criteria shall meet the criteria as prescribed by this Act not later than one year after the date of the enforcement of this Act and if a coal processing business operator falls under any of the cases as prescribed for in Article 19, such coal processing business operator shall transfer the operation or change the representing director (confined to the case of a juristic person) not later than six months after the date of the enforcement of this Act.
(2) Those who were punished as prescribed by the Coal Development Temporary Measure Act, the Temporary Measure Act concerning the Promotion of Coal Mining Industry, and the Temporary Measure Act concerning the Regulation of Demand and Supply of Coal before the date of the enforcement of this Act shall be regarded as having been punished under this Act in applying Article 19.
(3) The development company and continuing business operator, as prescribed by the Coal Development Temporary Measure Act, that at the time when this Act enters into force shall be regarded as annexed coal field company and continuing business operator as prescribed by this Act, respectively.
(4) The Coal Fund and the Imported Coal Complement Fund as prescribed by the Temporary Measure Act Concerning the Regulation of Demand and Supply of Coal at the time of the enforcement of this Act shall be regarded as the Promotion Fund and the Imported Coal Complement Fund as prescribed by this Act.
Article 5 (Transitional Measures for Establishment of Project Corps)
(1) The Minister of Energy Resources shall commission not more than seven founding members to carry out the work concerning the establishment of the Project Corps.
(2) The founding members shall work out the articles of incorporation of the Project Corps and obtain the approval of the Minister of Energy Resources.
(3) Upon obtaining an approval under paragraph (2), the founding members, without delay, shall register the establishment of the Project Corps under joint signature.
(4) After the registration of the establishment of the Project Corps, the founding members, without delay, shall hand over the work to the head of the Project Corps, and after handing over the work, the founding members shall be regarded as being discharged of their commission.
(5) The expenses for the establishment of the Project Corps shall be paid by the Project Corps.
Article 6 (Transitional Measures Concerning Korea Coal Scholarship Foundation, etc.)
(1) The Korea Coal Scholarship Foundation Incorporated, the Coal Mine Support Project Corps Incorporated, and the Korea Coal Quality Inspection Incorporated Association (hereinafter referred to as the "Juristic Person")
are authorized, after the resolution by the board of directors concerned, to request the head of the competent authority to arrange all rights and duties to be succeeded to by the Project Corps to be established as prescribed by this Act.
(2) The Juristic Person that requested and obtained the approval of the head of the competent authority as provided for in paragraph (1) shall be regarded as being simultaneously dissolved at the time of the establishment of the Project Corps, notwithstanding the provisions of the Civil Code concerning the dissolution and liquidation of a juristic person and the Project Corps shall succeed to all rights and duties under the authority of the Juristic Persons.
(3) The value amount of the properties to be succeeded to by the Project Corps shall be estimated on the basis of the value amount recorded on the ledger as of the day before the date of the registration of the establishment of the Project Corps.
ADDENDA <Act No. 4030, Dec. 26, 1988>
(1) (Enforcement Date) This Act shall enter into force on January 1, 1989.
(2) (Transitional measures concerning Payment of Mine Closure Countermeasure Expenses) The payment of mine closure countermeasure expenses to the coal mining agent who registered the extinction of a mining right, etc. as provided in Article 32 that has existed prior to the date when this Act enters into force shall be done according to the previous provisions, notwithstanding the provisions of Articles 39-2 through 39-7.
ADDENDUM <Act No. 4324, Jan. 14, 1991>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 4541, Mar. 6, 1993>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 4754, Mar. 24, 1994>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1995.
Article 2 (Transitional Measures Concerning Rights and Duties Following Dissolution of Coal Industry Promotion Fund and Coal Industry Stabilization Fund)
(1) The assets, liabilities, and other rights and duties belonging to the Coal Industry Promotion Fund and the Coal Industry Stabilization Fund, as provided in the previously existing Articles 28 and 29, that are supposed to be repealed following the date this Act enters into force, shall be succeeded to by the Special Accounts for Energy and Resources-related Projects Act on the date this Act enters into force: Provided, That from among the assets acquired by the previous Coal Industry Stabilization Fund, the Miscellaneous Asset and Fixed Asset shall be regarded as having been subsidized for the Coal Industry Rationalization Project Corps.
(2) The value amount of the assets that shall be regarded as having been subsidized as provided in the proviso of paragraph (1) shall be estimated on the basis of the value amount recorded on the ledger on December 31, 1994.
Article 3 (Transitional Measures Concerning Settlement of Accounts, etc. Following Dissolution of Coal Industry Promotion Fund and Coal Industry Stabilization Fund)
The execution and settlement of fund accounts of the 1994 Fund Use Plan concerning the previous Coal Industry Promotion Fund and the Coal Industry Stabilization Fund that are supposed to be repealed following the date this Act enters into force shall be done according to the previous provisions.
ADDENDA <Act No. 4861, Jan. 5, 1995>
Article 1 (Enforcement Date)
This Act shall enter into force on three months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 5822, Feb. 8, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures on Prohibition of Continuing Operation Right)
(1) Continuing operation right registered in the mining ledger as referred to in Article 16 at the time when this Act enters into force shall apply to the previous provisions notwithstanding the amended provisions of Articles 16 and 39-3 through 39-6.
(2) The area to which has expired the continuing operation right before this Act enters into force shall apply to the previous provisions notwithstanding the amended provisions of Article 39-6.
Article 3 (Transitional Measures on Registration of Coal Processing Operation)
The person who obtained the license of coal processing operation by the previous provisions before this Act enters into force shall be considered the person who had the coal processing operation registered by the amended provisions of Article 17 (1).
Article 4 (Transitional Measures on Penal Provisions)
The application of the penal provisions for acts performed before this Act enters into force shall be according to the previous provisions.
ADDENDA <Act No. 6577, Dec. 31, 2001>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Registration, Report, etc. of Coal-Processing Business) Registrations, reports, etc. made under the former provisions of Article 17, 20 or 22 as at the time this Act enters into force shall be deemed as the acts conducted under the amended provisions of Article 17, 20 or 22.
ADDENDA <Act No. 6627, Jan. 26, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2002.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 6654, Feb. 4, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2003.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 6656, Feb. 4, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2013.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 7428, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 7552, May 31, 2005>
This Act shall enter into force one year after the date of its promulgation.
ADDENDUM <Act No. 7746, Dec. 23, 2005>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 8355, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8372, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 17 Omitted.
ADDENDUM <Act No. 8400, Apr. 27, 2007>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9010, Mar. 28, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force three months after its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 9182, Dec. 26, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 9232, Dec. 26, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 9401, Jan. 30, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 9507, Mar. 18, 2009>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures) Former provisions shall govern in applying the penal provisions to an act committed before this Act enters into force.
ADDENDA <Act No. 9774, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after its promulgation.
Articles 2 through 19 Omitted.
ADDENDA <Act No. 9982, Jan. 27, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one year after its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 10219, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 10339, Jun. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one month after its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 10593, Apr. 14, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11998, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 12154, Jan. 1, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 12295, Jan. 21, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Incompetent Persons)
A person under adult guardianship under the amended provisions of subparagraph 1 of Article 19 shall be deemed to include a person who maintains his/her status as a person adjudged incompetent pursuant to Article 2 of the Addenda to the Civil Act (Act No. 10429).
ADDENDA <Act No. 12738, Jun. 3, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 13849, Jan. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to the Period of Prescription of the Right to Claim for Payment of Countermeasure Expenses for Mine Closure)
The amended provisions of Article 39-3 (5) shall apply beginning with the case where a right to claim for payment of countermeasure expenses for mine closure occurs after this Act enters into force.
ADDENDA <Act No. 14476, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.