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ENFORCEMENT DECREE OF THE ENVIRONMENTAL HEALTH ACT

Presidential Decree No. 21347, Mar. 12, 2009

Amended by Presidential Decree No. 23269, Oct. 28, 2011

Presidential Decree No. 23356, Dec. 8, 2011

Presidential Decree No. 23997, Jul. 31, 2012

Presidential Decree No. 24294, Jan. 1, 2013

Presidential Decree No. 24649, jun. 28, 2013

Presidential Decree No. 25301, Apr. 10, 2014

Presidential Decree No. 25451, Jul. 14, 2014

Presidential Decree No. 25532, Aug. 6, 2014

Presidential Decree No. 25626, Sep. 24, 2014

Presidential Decree No. 25836, Dec. 9, 2014

Presidential Decree No. 26295, jun. 1, 2015

Presidential Decree No. 26435, Jul. 24, 2015

Presidential Decree No. 26482, Aug. 11, 2015

Presidential Decree No. 27336, Jul. 12, 2016

Presidential Decree No. 27636, Nov. 29, 2016

Presidential Decree No. 27675, Dec. 20, 2016

Presidential Decree No. 28211, Jul. 26, 2017

Presidential Decree No. 28826, Apr. 24, 2018

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Environmental Health Act and matters necessary for enforcing said Act.
 Article 1-2 (Definitions)
“Those prescribed by Presidential Decree” referred to in subparagraph 8 of Article 2 of the Act means the following facilities: <Amended by Presidential Decree No. 25451, Jul. 14, 2014>
1. Children’s amusement facilities specified in subparagraph 2 of Article 2 of the Act on the Safety Control of Children's Amusement Facilities;
2. Infant caring rooms of child-care centers under subparagraph 3 of Article 2 of the Infant Care Act;
3. Classrooms of kindergartens of subparagraph 2 of Article 2 of the Early Childhood Education Act;
4. Classrooms and school libraries of elementary schools under subparagraph 1 of Article 2 of the Elementary and Secondary Education Act;
5. Classrooms (only referring to class rooms used by children) of special schools under subparagraph 4 of Article 2 of the Elementary and Secondary Education Act.
[This Article Newly Inserted by Presidential Decree No. 23997, Jul. 31, 2012]
 Article 2 (Procedures and Methods for Formulation of Environmental Health Master Plan)
(1) The Minister of Environment shall consolidate and coordinate the plans by sector, submitted by the heads of relevant central administrative agencies; and fomulate an environmental health master plan (hereinafter referred to as a “master plan”) under Article 6 (1) of the Environmental Health Act (hereinafter referred to “the Act”).
(2) If necessary to formulate the plans by sector for their own competent areas, the heads of relevant central administrative agencies may request the relevant administrative agencies, local governments, and public institutions (hereinafter referred to as “public institutions”) under Article 4 of the Act on the Management of Public Institutions to submit necessary materials.
(3) If necessary to efficiently formulate a master plan, the Minister of Environment may develop guidelines for preparing plans by sector under paragraph (1) and notify it to the heads of relevant central administrative agencies.
 Article 3 (Obligations of Chairperson of Environmental Health Council)
(1) The Chairperson (hereinafter referred to as the “Chairperson”) of the Environmental Health Council (hereinafter referred to as the “Council”) under Article 9 of the Act shall represent the Council and preside over the affairs of the Council.
(2) When the Chairperson is unable to perform his/her duties in extenuating circumstances, a member of the Council pre-nominated by the Chairperson shall act on his/her behalf.
 Article 4 (Term of Office of Commissioned Members)
The term of office of the members specified in Article 10 (3) 1 through 3 of the Act shall be two years.
 Article 5 (Meeting)
(1) A meeting of the Council shall be convened by the Chairperson, if deemed necessary by the Chairperson or upon request by at least one-third of all members.
(2) A majority of the members of the Council shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present.
 Article 6 (Executive Secretary)
(1) The Council shall have one executive secretary to conduct the administrative affairs of the Council.
(2) The executive secretary shall be designated by the Chairperson from among public officials of the Ministry of Environment.
 Article 7 (Specialized Committees)
(1) A specialized committee specified in Article 10 (4) of the Act (hereinafter referred to as a “specialized committee”), shall be comprised of persons appointed or commissioned by the Chairperson from among the following persons: <Amended by Presidential Decree No. 26435, Jul. 24, 2015>
1. Members of the Council;
2. Environmental health specialists;
3. Clinical doctors specialized in environmental diseases (only referring to a specialized committee which reviews and researches environmental diseases);
4. Relevant public officials.
(2) The chairperson of a specialized committee shall be appointed or commissioned by the Chairperson from among the members of such specialized committee.
(3) A specialized committee shall review any matter referred thereto by the Chairperson for research and review and report the outcomes of review to the Council.
(4) A specialized committee may, if necessary, request any relevant institution, organization or expert to review any matter.
 Article 7-2 (Asbestos Safety Management Committee)
(1) The Asbestos Safety Management Committee as a specialized committee shall be established, in order to research, review, and deliberate on, specialized matters concerning the safety of asbestos.
(2) The Asbestos Safety Management Committee shall be composed of not more than 20 members, including a chairperson.
(3) Notwithstanding Article 7 (1) and (2), the chairperson of the Asbestos Safety Management Committee shall be the head of the Environmental Policy Office of the Ministry of Environment, and the members thereof shall be any of the following persons: <Amended by Presidential Decree No. 28211, Jul. 26, 2017>
1. One person designated by the heads of competent agencies from among relevant public officials belonging to the Ministry of Strategy and Finance; the Ministry of Education; the Ministry of National Defense; the Ministry of the Interior and Safety, the Ministry of Agriculture, Food and Rural Affairs; the Ministry of Trade, Industry and Energy; the Ministry of Employment and Labor; the Ministry of Land, Infrastructure and Transport; and the Ministry of Food and Drug Safety;
2. Persons commissioned by the Chairperson, from among those having abundant knowledge and experience concerning asbestos safety.
(4) Among the members of the Asbestos Safety Management Committee, the term of office of commissioned members shall be three years, and may be consecutively renewed only once.
(5) A majority of the members of the Asbestos Safety Management Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present.
(6) The chairperson of the Asbestos Safety Management Committee shall report the outcomes of research, reviews and deliberation conducted pursuant to paragraph (1) to the Council.
(7) Notwithstanding Article 10, and except as expressly provided for in paragraphs (1) through (6), matters necessary for the operation of the Asbestos Safety Management Committee shall be determined by the chairperson of the Asbestos Safety Management Committee undergoing a resolution by the Asbestos Safety Management Committee.
[This Article Newly Inserted by Presidential Decree No. 26435, Jul. 24, 2015]
 Article 8 (Hearing of Opinions and Submission of Materials)
The Council and specialized committees may, if necessary for deliberation, request interested persons or experts to appear before the Council and specialized committees to state their opinions, and also may request them to submit necessary materials.
 Article 9 (Allowances and Travel Expenses)
Allowances may be paid and travel expenses reimbursed to Council or specialized committee members who attend a meeting thereof within budgetary limits: Provided, That this shall not apply where the members who are public officials attend the meeting directly in relation to their assigned duties.
 Article 10 (Rules of Operation)
Except as expressly provided for in this Decree, matters necessary for the operation of the Council and specialized committees shall be determined by the Chairperson following a resolution by the Council.
 Article 11 (Risk Assessment and Management of Environmentally Hazardous Factors)
(1) The Minister of Environment shall, when conducting risk assessment under Article 11 (1) of the Act, prepare guidelines concerning procedures and methods for conducting risk management in advance consultation with the head of a relevant central administrative agency.
(2) The Minister of Environment may, if necessary to conduct risk assessment, request the head of a relevant central administrative agency and the head of a relevant local government to provide cooperation such as the provision of materials and the conduct of surveys on actual conditions, which are necessary for risk assessment.
(3) As a result of risk assessment, where it is deemed that the major path of exposure to environmental pollution specified in subparagraph 4 of Article 3 of the Framework Act on Environmental Policy and toxic chemicals, etc. under 7 of Article 2 of the Chemicals Control Act (hereinafter referred to as “environmentally hazardous factors”) has high relevance to business affairs under the jurisdiction of any relevant central administrative agency, the Minister of Environment may request the head of the relevant central administrative agency to establish countermeasures to reduce the risk caused by the above-mentioned pollution. <Amended by Presidential Decree No. 25836, Dec. 9, 2014>
 Article 12 (Addition and Health Impact Items, and Objects Subject to Assessment of Health Impact Items)
“Administrative plans and development projects prescribed by Presidential Decree” referred to in Article 13 (1) of the Act shall be as specified in attached Table 1.
 Article 13 (Matters Subject to Review of Health Impact Items, etc.)
The Minister of Environment or the head of an environmental local government agency may, if necessary to conduct reviews and assessments under Article 13 (2) of the Act, hear the opinions of specialized institutions related to review and assessment on health impact such as the Korea Environment Institute and the Korea Institute for Health and Social Affairs established pursuant to the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes, etc. as well as the opinions of specialists in the relevant field.
 Article 13-2 (Subsidization to Persons Who Suffer Health Harm Caused by Environmentally Hazardous Factors)
(1) Pursuant to Article 20 (1) of the Act, the Minister of Environment may subsidize, within budgetary limits, the following expenses incurred from the time of the occurrence of a disease due to which recognition of health harm is given to the time such disease is completely cured, during an effective period under paragraph (3), to the persons (hereinafter referred to as “recognized victims”) who receive recognition of their suffering health harm (hereinafter referred to as “recognition of health harm”) caused by environmentally hazardous factors pursuant to paragraph (2): <Amended by Presidential Decree No. 25451, Jul. 14, 2014>
1. Expenses incurred in consultation on health harm and in diagnosis;
2. Expenses incurred in medical treatment of health harm and in the prevention of deterioration thereof;
3. Other expenses deemed necessary for the control of health harm and are publicly notified by the Minister of Environment.
(2) A person who suffers health harm caused by environmentally hazardous factors shall, where he/she intends to obtain support under paragraph (1), apply for recognition of health harm to the Minister of Environment. In such case, the Minister of Environment shall determine whether to grant recognition of health harm after deliberation by the Council, and notify the applicant of the result.
(3) The effective period of recognition of health harm shall be determined within the extent of at least three but not exceeding seven years and publicly notified by the Minister of Environment.
(4) Where a recognized victim deems it unlikely that, before the expiration of the effective period under paragraph (3), he/she will be cured of a disease due to which recognition of health harm is given, he/she may apply for renewal of the effective period. In such cases, the Minister of Environment shall determine whether to give recognition of health harm after deliberation by the Council, and notify the recognized victim of the result.
(5) Where it is deemed that a recognized victim is cured of a disease for which recognition of health harm was given, the Minister of Environment may terminate support under paragraph (1) after deliberation by the Council. In such cases, such fact shall be notified to the recognized victim.
(6) Where a recognized victim dies before the expiration of the effective period under paragraph (3) or a renewed effective period under paragraph (4), the Minister of Environment may subsidize the following expenses to the bereaved family members within budgetary limits. In such cases, where there are at least two bereaved family members in the same order of priority referred to in subparagraph 1, the expenses shall be apportioned equally and subsidized to each of them:
1. One bereaved family member who has a higher priority according to the following orders and has shared the same livelihood with the recognized victim at the time the latter deceases: Unpaid Portion of the expenses referred to in each subparagraph of paragraph (1) which have been incurred as of the occurrence of a disease due to which recognition of health harm is given to the time of complete cure of the disease:
(a) A spouse (including a person who has a de facto conjugal relationship);
(b) A child;
(c) A parent;
(d) A grandchild;
(e) A grandparent;
(f) A brother or sister;
2. Bereaved family members falling under any of the items of subparagraph 1, who held a funeral of a recognized victim: Funeral expenses.
(7) Where a person suffering health harm caused by environmentally hazardous factors dies before receiving recognition of health harm, any of the bereaved family members referred to in paragraph (6) 1 may obtain recognition of health harm for such person suffering health harm. In such cases, paragraph (2) shall apply mutatis mutandis to applications for recognition of health harm, decision as to whether to give recognition of health harm, and notification the results thereof.
(8) The Minister of Environment may, in the case of giving recognition of health harm pursuant to paragraph (7), subsidize expenses referred to in the following subparagraphs to the bereaved family members within budgetary limits. In such cases, where at least two bereaved family members are in the same order of priority referred to in subparagraph 1, the expenses shall be equally apportioned and subsidized to each of them:
1. One bereaved family member who has a higher priority in the order of items of paragraph (6) 1: Expenses referred to in each subparagraph of paragraph (1), incurred from the time of the occurrence of a disease due to which recognition of health harm is given to the time of the decease of the recognized victim;
2. Bereaved family members referred to on paragraph (6) 1: Funeral expenses.
(9) Except as expressly provided for in paragraphs (1) through (8), methods and procedures for applying for recognition of health harm, methods and procedures for applying for renewal of an effective period of recognition of health harm, standards for recognition of health harm, methods and scope of support of recognized victims, and other matters necessary for support to persons suffering health harm shall be determined and publicly notified by the Minister of Environment following a deliberation by the Council.
[This Article Newly Inserted by Presidential Decree No. 25301, Apr. 10, 2014]
 Article 14 (Management of Information and Statistics on Environmental Health)
(1) The Minister of Environment shall establish a system for collecting and utilizing the following matters to formulate and implement policies under Article 22 (1) and (2) of the Act:
1. Materials concerning domestic and abroad epidemic investigations related to environmental health, and materials concerning basic and detailed investigations on national environmental health;
2. Materials concerning environmental measurements such as atmosphere, water quality, soil, indoor air, and noise, and materials concerning meteorological observation;
3. Materials concerning emission sources and volumes of air and water quality pollutants, and toxic chemicals;
4. Other relevant materials regarding population, death, diseases, health insurance, necessary for formulating policies on environmental health, etc.
(2) The Minister of Environment may, when necessary for collecting materials referred to each substance of paragraph (1), request the persons producing and managing such materials to submit necessary data.
 Article 15 Deleted. <by Presidential Decree No. 23997, Jul. 31, 2012>
 Article 16 (Environmental Safety Management Standards for Children’s Activity Zones)
(1) Environmental safety management standards for children’s activity zones under Article 23 (1) of the Act shall be as specified in attached Table 2.
(2) Where, with respect to facilities referred to in subparagraph 1 of Article 1-2, standards under paragraph (1) and standards under each of the following subparagraphs are different from each other, the standards prescribed by the relevant statute shall prevail, notwithstanding paragraph (1): <Amended by Presidential Decree No. 23997, Jul. 31, 2012; Presidential Decree No. 26295, Jun. 1, 2015>
1. Standards under Article 11 of the Act on the Safety Control of Children's Amusement Facilities;
2. Standards under Article 17 (3) of the Special Act on Products for Children’s Use.
 Article 16-2 (Scales of Expansion and Repairs Subject to Verification Inspection)
“When any expansion or repair is conducted in excess of the scale prescribed by Presidential Decree” referred to in Article 23 (6) 2 of the Act means any of the following occasions:
1. When expanding the total floor area of a children’s activity zone by at least 33 square meters;
2. When repairing (limited to repairing by using prints and vanishes finishing materials or synthetic rubber flooring) at least 70 square meters of the total floor area of a children’s activity zone.
[This Article Newly Inserted by Presidential Decree No. 25626, Sep. 24, 2014]
 Article 16-3 (Designation, etc. of Inspection Agency)
(1) “Agencies prescribed by Presidential Decree” referred to in the proviso to Article 23-2 (1) of the Act means any of the following institutes:
1. The National Institute of Environmental Research;
2. A public health and environment research institute specified in the Public Health and Environment Research Institute Act.
(2) Technological personnel and facilities prescribed by Presidential Decree under Article 23-2 (2) of the Act shall be as specified in attached Table 3.
[This Article Newly Inserted by Presidential Decree No. 23997, Jul. 31, 2012]
 Article 17 (Risk Assessment of Products for Children’s Use and Other Related Matters)
Where the Minister of Environment conducts risk assessment under Article 24 (2) of the Act, he/she shall comply with the guidelines specified in Article 11 (1).
 Article 18 (Recommendations on Suspension of Sales or Collection)
(1) Where the Minister of Environment recommends either suspension of sales or a recall pursuant to Article 24 (6) of the Act, he/she recommend it in writing, specifying the following matters: <Amended by Presidential Decree No. 23356, Dec. 8, 2011>
1. Name of the business entity;
2. Names, unique classification numbers [referring to Chemical Abstracts Service (CAS); hereinafter the same shall apply], and usage of environmentally hazardous factors subject to recommendation;
3. Ground for recommendation;
4. Details of recommendation;
5. Deadline of a notification of whether to accept recommendation;
6. Action plan where not accepting recommendation.
(2) A business entity in receipt of a recommendation under Article 24 (6) of the Act, he/she shall notify the Minister of Environment of whether he/she accepts the recommendation in writing, specifying the following matters within seven days. <Amended by Presidential Decree No. 23356, Dec. 8, 2011>
1. Name, and contact details such as address and telephone numbers of the business entity;
2. Names, unique classification numbers and usage of environmentally hazardous factors subject to recommendation;
3. Whether he/she accepts recommendation;
4. Action plan where he/she accepts recommendation;
5. Grounds for not-acceptance where he/she does not accept recommendation.
 Article 19 (Publication of Fact of Recommendations and Fact of Request)
(1) The Minister of Environment shall, in the case of intending to make publication under Article 24 (7) of the Act, notify the business entity to be subject to such publication of the content of publication, and provide him/her with an opportunity to defend himself/herself within seven days from the date of receiving the notification. <Amended by Presidential Decree No. 23356, Dec. 8, 2011>
(2) The Minister of Environment may, in the case of making publication under Article 24 (7) or (9) of the Act, make publication on the web-site of either the relevant administrative agency such as the Ministry of Environment, an environmental local government agency and a local government, or an organization conducting related business affairs such as customer organization, or though news media such as newspapers and broadcasting. <Amended by Presidential Decree No. 23356, Dec. 8, 2011; Presidential Decree No. 25451, Jul. 14, 2014>
(3) Publication under Article 24 (7) of the Act shall include the following matters: <Amended by Presidential Decree No. 23356, Dec. 8, 2011>
1. Name of the business entity;
2. Names, unique classification numbers and usage of environmentally hazardous factors subject to recommendation;
3. Ground for recommendations;
4. Content of recommendation;
5. Ground for non-acceptance, and opinion of the Minister of Environment thereon, where the business entity rejects to accept recommendations;
6. Other matters the Minister of Environment deems necessary.
(4) “Matters prescribed by Presidential Decree such as the relevant product for children’s use, and fact of request” referred to in the former part of Article 24 (9) of the Act means the following matters: <Newly Inserted by Presidential Decree No. 25451, Jul. 14, 2014>
1. Name of the relevant product for children’s use;
2. Name of the business entity who manufactures, imports or sells the relevant product for children’s use;
3. Names, unique classification numbers and usage of the environmentally hazardous factors in the relevant product for children’s use;
4. Details of and ground for the request to the relevant central administrative agency;
5. Other matters the Minister of Environment deems necessary.
(5) A consultation period specified in the latter part of Article 24 (9) of the Act shall be up to 30 days: Provided, That the period may be extended by up to 60 days where the Minister of Environment deems necessary, including where the head of the relevant central administrative agency requests such extension. <Newly Inserted by Presidential Decree No. 25451, Jul. 14, 2014>
 Article 19-2 (Products Subject to Labelling as “Containing Environmentally Hazardous Factors,” Methods for Labelling, and Other Related Matters)
(1) Products subject to labelling as “containing environmentally hazardous factors” under Article 24 (10) of the Act shall be products for children’s use which contain environmentally hazardous factors publicly notified pursuant to paragraph (3) of Article 24 (10) (hereinafter referred to as “environmentally hazardous factors” in this Article) and are publicly notified by the Minister of Environment in consideration of their materials or usage: Provided, That any of the following products for children’s use, which are subject to standards related to environmentally hazardous factors in relevant statutes, shall be excluded from the scope of products subject to labelling as “containing environmentally hazardous factors”: <Amended by Presidential Decree No. 26295, Jun. 1, 2015>
1. Products for children’s use which are authenticated pursuant to Article 17 of the Special Act on Safety of Products for Children;
2. Products for children’s use for which a report of safety verification is filed pursuant to Article 22 (1) of the Special Act on the Safety of Products for Children;
3. Products for children’s use for which confirmation of suitability for suppliers is made pursuant to Article 25 (1) of the Special Act the Safety of on Products for Children;
4. Products for children’s use for which certification of eco-label is granted pursuant to Article 17 of the Environmental Technology and Industry Support Act.
(2) The content of labelling as “containing environmentally hazardous factors” under Article 24 (10) of the Act shall be composed of whether it contains environmentally hazardous factors, and their content, if any. In such cases, whether environmentally hazardous factors are contained, and the measurement of their contents shall be subject to official testing standards for environmental pollution under Article 6 (1) 12 of the Environmental Examination and Inspection Act.
(3) A person who intends to manufacture or import a product for children’s use pursuant to the main sentence of paragraph (1) shall label whether it contains environmentally hazardous factors, and its ingredients on such product or the packages thereof.
(4) Except as expressly provided for in paragraph (1) through (3), necessary matters concerning the methods, content, etc. of labelling as containing environmentally hazardous factors shall be determined and publicly notified by the Minister of Environment.
[This Article Newly Inserted by Presidential Decree No. 25626, Sep. 24, 2014]
 Article 20 (Designation, Operation, etc. of Environmental Health Centers)
(1) Where the Minister of Environment intends to designate environmental health centers under Article 26 (1) of the Act (hereinafter referred to as an “environmental health center”), he/she shall formulate a plan for designation of environmental health centers and publicly announce the content of such plan on the web-site, etc. of the Minister of Environment for at least 20 days.
(2) An entity which intends to be designated as an environmental health center shall file an application for designation with the Minister of Environment within the application period publicly notified pursuant to paragraph (1), as prescribed by Ordinance of the Ministry of Environment.
(3) Standards for designation of an environmental heath center under Article 26 (4) of the Act shall be as follows: <Amended by Presidential Decree No. 27336, Jul. 12, 2016>
1. The business goals and plan for the environmental health center shall comply with the designation purpose under Article 26 (1) of the Act (hereinafter referred to as “the designation purpose”) and the designation plan under paragraph (1) of this Article (hereinafter referred to as “the designation plan”);
2. The plan for composition and operation of the environmental health center shall conscientiously comply with the objectives for designation and the designation plan;
3. The environmental health center shall have ability to secure funding for its operation;
4. The environmental health center shall be equipped with capabilities for performing research activities, such as personnel, organizational structure, facilities and equipment for research;
5. The environmental health center shall have a track record of achievements in either research in the field of environmental health, or medical treatments.
(4) The Minister of Environment may organize and operate an examination group for designating environmental health centers which is comprised of experts in the field of environmental health, etc., so as to examine matters referred to in each subparagraph of paragraph (3) with respect to the entities who apply for designation pursuant to paragraph (2).
(5) Where the Minister of Environment determines whether to designate any entity as an environmental health center, and entities eligible to be designated as such, he/she may take into consideration the examination opinions of the examination group for designating environmental health centers under paragraph (4).
(6) Where the Minister of Environment designates any entity as an environmental health center, he/she shall publish the fact in the Official Gazette.
(7) An environmental health center shall report its achievements of projects for the previous year and the projects plan for the relevant year to the Minister of Environment by January 31, every year.
(8) An environmental health center may, if necessary to efficiently perform any project, implement the project jointly with other environmental health center, or perform the project in cooperation with other institutions, after obtaining approval from the Minister of Environment.
(9) Except as expressly provided for in paragraphs (1) through (8), matters necessary for the designation, operation, etc. of environmental health centers shall be prescribed by Ordinance of the Ministry of Environment.
[This Article Wholly Amended by Presidential Decree No. 24649, Jun. 28, 2013]
 Article 20-2 (Effective Period of Designation of Environmental Health Center)
The effective period of designation of an environmental health center under Article 26 (2) of the Act shall be five years, but in the case of designation to support epidemiological investigations in a particular district, it shall be three years.
[This Article Newly Inserted by Presidential Decree No. 27336, Jul. 12, 2016]
 Article 20-3 (Re-designation of Environmental Health Center)
Articles 20 and 20-2 shall apply mutatis mutandis to standards, procedures, effective period, etc. for re-designation of environmental health centers under Article 26 (2) of the Act.
[This Article Newly Inserted by Presidential Decree No. 27336, Jul. 12, 2016]
 Article 20-4 (Standards for Evaluation of Environmental Health Center, and Other Related Matters)
(1) Subject-matters for appraisal in a regular appraisal process referred to in Article 26-2 (1) 1 of the Act shall be as follows:
1. Appropriateness of execution of expenses;
2. Outcomes and achievements of projects under Article 26 (1) of the Act;
3. Degree of the operational activation of environmental health centers.
(2) Subject-matters for appraisal in a regular appraisal process referred to in Article 26-2 (1) 2 of the Act shall be as follows: <Amended by Presidential Decree No. 27336, Jul. 12, 2016>
1. Findings from regular appraisals during the effective period, and outcomes and achievements of projects for the year in which the effective period ends;
2.  Conduciveness to the clarification, supervision, prevention, and control of health harm caused by environmentally hazardous factors, and to the creation of infrastructure for, and activation of, epidemiological investigations, etc.
(3) The Minister of Environment shall, pursuant to Article 26-2 (3) of the Act, determine appraisal standards by item and the appraisal date and time of a regular appraisal or a comprehensive appraisal under paragraphs (1) (2) and inform the head of the environmental health center subject to such appraisal, by no later than three months before the scheduled appraisal date.
[This Article Newly Inserted by Presidential Decree No. 24649, Jun. 28, 2013]
 Article 21 (Standards for Cancellation of Designation, and Suspension of Business of Environmental Health Center, and Other Related Matters)
(1) Standards for cancellation of designation, and suspension of business, of an environmental health center under Article 27 (2) of the Act shall be as specified in attached Table 4.
(2) Where the Minister of Environment orders the cancellation of designation, or the suspension of business, of an environmental health center pursuant to Article 27 of the Act, he/she shall publicly announce its content in the Official Gazette or on the web-site of the Ministry of Environment.
(3) Except for the provisions of paragraphs (1) and (2), matters necessary for the cancellation of designation, or the suspension of business, of an environmental health center shall be prescribed by Ordinance of the Ministry of Environment.
[This Article Wholly Amended by Presidential Decree No. 24649, Jun. 28, 2013]
 Article 21-2 (Establishment and Operation, etc. of Center for Prevention and Management of Environmental Diseases)
(1) The center for the prevention and management of environmental diseases established and operated by the Minister of Environment and the heads of local governments pursuant to Article 27-2 (1) of the Act (hereinafter referred to as “center for the prevention and management of environmental diseases”) shall meet all of the following requirements:
1. It shall have an independent space necessary for disseminating information on the prevention and management of environmental diseases and providing medical support, and operating education and activity programs;
2. It shall employ at least two medical personnel defined in Article 2 (1) of the Medical Service Act.
(2) The heads of the center for the prevention and management of environmental diseases established by the Minister of Environment shall report to the Minister of Environment the business performance of a previous year and a business plan for a relevant year by January 31 of each year.
[This Article Newly Inserted by Presidential Decree No. 28826, Apr. 24, 2018]
 Article 22 (Delegation and Entrustment of Authority)
(1) The Minister of Environment shall, pursuant to Article 30 (1) of the Act, delegate authority for the following matters to the Special Metropolitan City Mayor, other Metropolitan City Mayors, the Special Self-Governing City Mayor, Do Governors and the Special Self-Governing Province Governor (referring to a superintendent of education in the case of authority concerning children’s amusement facilities established in kindergartens under subparagraph 2 of Article 2 of the Early Childhood Education Act, elementary schools under subparagraph 1 of Article 2 of the Elementary and Secondary Education Act, and special schools under subparagraph 4 of that Article, among children’s amusement facilities, and concerning facilities referred to subparagraphs 3 through 5 of Article 1-2): <Amended by Presidential Decree No. 23997, Jul. 31, 2012; Presidential Decree No. 26482, Aug. 11, 2015; Presidential Decree No. 27336, Jul. 12, 2016>
1. Issuing orders to improve facilities or to comply with environmental safety control standards under Article 23 (5) of the Act;
2. Order to undergo a verification inspection under Article 23 (9) of the Act;
3. Order to report and submit materials, and entry and inspection, under Article 29 (1) 1 of the Act;
4. Imposition and collection of administrative fines under Article 33 (1) 1 and 2 of the Act (only limited to matters delegated pursuant to subparagraph 3).
(2) The Minister of Environment shall delegated the following authority to an environmental local government agency pursuant to Article 30 (1) of the Act. <Newly Inserted by Presidential Decree No. 23269, Oct. 28, 2011; Presidential Decree No. 27336, Jul. 12, 2016>
1. Order to suspend sales of or to recall products for children’s use under Article 24 (5) of the Act;
2. Recommendation to interrupt sales of or recall products for children’s use under Article 24 (6) of the Act;
3. Order to make a report and submit materials, and entry and inspection, under Article 29 (1) 2 of the Act;
4. Imposition and collection of administrative fines under Article 33 (1) 1 and 2 of the Act (only limited to matters delegated pursuant to subparagraph 3).
(3) The Minister of Environment shall delegate the following authority to the head of the National Institute of Environmental Research. <Amended by Presidential Decree No. 23997, Jul. 31, 2012>
1. Conducting basic investigations, close investigations or joint investigations, and requesting submission of data, etc. under Article 14 of the Act;
2. Epidemiological Investigations on Environment-Related Harm to Health under Article 15 of the Act;
3. Assessment of exposure of children’s activity zones to environmentally hazardous factors under Article 23 (1) of the Act;
4. Designation of Inspective agencies, receipt of reports of change, suspension of business, and cancellation of designation under the main sentence of Article 23-2 (1) of the Act, and paragraphs (3) and (4) of that Article;
5. Risk assessment of products for children’s use under Article 24 (2) of the Act;
6. Order to report and submit materials, and entry and inspection, under Article 29 (1) 3 of the Act;
7. Hearings under subparagraph 1 of Article 29-3 of the Act.
(4) The Minister of Environment may entrust the following affairs to the Korea Environmental Industry and Technology Institute prescribed in the Korea Environmental Industry and Technology Institute Act pursuant to Article 30 (2) of the Act: <Amended by Presidential Decree No. 25626, Sep. 24, 2014; Presidential Decree No. 27336, Jul. 12, 2016; Presidential Decree No. 28826, Apr. 24, 2018>
1. Affairs concerning administrative and financial support for preventing and controlling public health harm caused by environmentally hazardous factors under Article 20 (1) of the Act;
2. Affairs concerning technical and financial support necessary for the owners or managers of children’s activity zones to comply with environmental safety control standards concerning under Article 20 (2) of the Act;
3. Affairs concerning administrative and technical support related to certification, etc. of environmental safety of children’s activity zones under Article 23-4 of the Act;
4. Affairs concerning interruption to selling products for children’s use either as such or for children’s use, or order to recall products for children’s use, under Article 24 (5) of the Act;
5. Affairs concerning the establishment and operation of the comprehensive information system for environmental health under Article 28-2 of the Act.
(5) The Minister of Environment may entrust business affairs of operating the center for the prevention and management of environmental diseases to following institutions, pursuant to Article 30 (2) of the Act. <Newly Inserted by Presidential Decree No. 24649, Jun. 28, 2013; Presidential Decree No. 28826, Apr. 24, 2018>
1. Environmental health center;
2. Medical institutions defined in Article 3 of the Medical Service Act (limited to medical institutions not designated as the environmental health centers).
(6) Where the Minister of Environment entrusts business affairs under paragraph (5), he/she shall publicly notify the date of entrustment and the name of entrusted institutions. <Newly Inserted by Presidential Decree No. 28826, Apr. 24, 2018>
 Article 22-2 (Management of Sensitive Information and Personally Identifiable Information)
The Minister of Environment (including persons delegated or entrusted with authority of the Minister of Environment pursuant to Article 22) may, if essential to perform the following administrative affairs, manage data concerning health under Article 23 of the Personal Information Protection Act or data containing resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Act: <Amended by Presidential Decree No. 26482, Aug. 11, 2015>
1. Administrative affairs concerning basic investigations and close investigations on national health environments under Article 14 of the Act;
2. Administrative affairs concerning epidemiological investigations under Article 15 (1);
3. Administrative affairs concerning investigations and assessments on the effects of environmentally hazardous factors on health under Article 15 (2);
4. Administrative affairs concerning petitions for health impact assessments under Article 17 of the Act;
5. Administrative affairs concerning support for persons who suffer health harm caused by environmentally hazardous factors under Article 20 of the Act and Article 13-2 of the Enforcement Decree thereof;
6. Administrative affairs concerning management of information and statistics on environmental health under Article 22 of the Act.
[This Article Newly Inserted by Presidential Decree No. 25532, Aug. 6, 2014]
 Article 22-3 (Standards for Imposition of Administrative Fines)
Standards for imposition of administrative fines under Article 33 (1) of the Act shall be as specified in attached Table 5.
[This Article Newly Inserted by Presidential Decree No. 27336, Jul. 12, 2016]
 Article 23 (Re-Examination of Regulation)
The Minister of Environment shall examine the appropriateness of the following matters every three years, counting from each base date specified in the following (referring to the day before every third anniversary from the base date) and shall take measures, such as improvements:
1. Scope of children’s activity zones (limited to matters concerning school libraries of elementary schools specified in subparagraph 4 of Article 1-2) referred to in subparagraph 8 of Article 2 of the Act: September 25, 2014;
2. Scales of expansion and repairs subject to verification inspection under Article 16-2: September 25, 2014;
3. Products subject to labelling as “containing environmentally hazardous factors,” and methods for labelling under Article 19-2: January 1, 2015.
[This Article Wholly Amended by Presidential Decree No. 25626, Sep. 24, 2014]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on March 22, 2009: Provided, That Articles 12 and 13, and attached Table 1 shall enter into force on January 1, 2010.
Article 2 Deleted. <Decree No. 24294, January 1, 2013>
ADDENDUM <Presidential Decree No. 23269, Oct. 28, 2011>
This Decree shall enter into force on November 20, 2011.
ADDENDA <Presidential Decree No. 23356, Dec. 8, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 8, 2011. <Proviso Omitted.>
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23997, Jul. 31, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 2, 2012.
Article 2 (Special Case of Application concerning Risk Management in Children's Activity Zones)
“Children’s activity zones prescribed by Presidential Decree” referred to in the proviso to Article 2 of the Addenda of the partial amendment to the Environmental Health Act (Act No. 11265) means the infant caring rooms and classrooms of child-care centers and kindergartens (excluding national and public child-care centers and kindergartens) with a total floor area of less than 4300 square meters which were established before March 22, 2009, among children’s activity zones under the amended provisions of subparagraphs 2 and 3 of Article 1-2.
ADDENDUM <Presidential Decree No. 24294, Jan. 1, 2013>
This Decree shall enter into force on January 1, 2013.
ADDENDA <Presidential Decree No. 24649, Jun. 28, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 2, 2013.
Article 2 (Transitional Measures concerning Environmental Safety Control Standards)
The owners or managers of the children’s activity zones established before this Decree enters into force, shall ensure the paints and vanishes or finishing materials used in the relevant children’s activity zones comply with the amended provisions of subparagraph 2 (a) of attached Table 2, within six months after this Decree enters into force.
ADDENDUM <Presidential Decree No. 25301, Apr. 10, 2014>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 25451, Jul. 14, 2014>
This Decree shall enter into force on July 15, 2014: Provided, that the amended provisons of subparagraph 4 of Article 1-2, and Article 23 shall enter into force on September 25, 2014.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDUM <Presidential Decree No. 25626, Sep. 24, 2014>
This Decree shall enter into force on September 25: Provided, that the amended provisons of Article 19-2 shall enter into force on January 1, 2015.
ADDENDA <Presidential Decree No. 25836, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 26295, Jun. 1, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 4, 2015.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 26435, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measure concerning Amendment of Enforcement Decree of the Asbestos Safety Management Act and Enforcement Decree of the Environmental Health Act)
Matters necessary for the operation of the Asbestos Safety Management Committee, determined by the Chairperson thereof in accordance with Article 4 (7) of the previous Enforcement Decree of the Asbestos Safety Management Act as at the time this Decree enters into force shall be deemed determined by the amended provisions of Article 7-2 (7) of the Enforcement Decree of the Environmental Health Act.
ADDENDA <Presidential Decree No. 26482, Aug. 11, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measure concerning Change of Delegated Agencies)
Dispositions or acts taken by 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, and acts taken in relation to 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 pursuant to the former provisions before this Decree enters into force shall be deemed the dispositions or acts taken by the relevant superintendent of education or the act taken toward the relevant superintendent of education pursuant to the previous provisions of the main sentence (and the proviso, if any) of Article 22 (1), respectively.
ADDENDUM <Presidential Decree No. 27336, Jul. 12, 2016>
This Decree shall enter into force on July 28, 2016.
ADDENDA <Presidential Decree No. 27636, Nov. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 2, 2016.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 27675, Dec. 20, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 23, 2016.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the provisions amending any Decrees that were promulgated before this Decree enters into force but have yet to enter into force, among the Decrees amended pursuant to Article 8 of the Addenda, shall enter into force on the respective dates the relevant Decrees enter into force.
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 28826, Apr. 24, 2018>
This Decree shall enter into force on April 25, 2018.