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INDOOR AIR QUALITY CONTROL ACT

Act No. 13601, Dec. 22, 2015

Amended by Act No. 14113, Mar. 29, 2016

Act No. 14486, Dec. 27, 2016

Act No. 15195, Dec. 12, 2017

Act No. 15583, Apr. 17, 2018

 Article 1 (Purpose)
The purpose of this Act is to protect health of the people using the following facilities and to prevent environmental risks, by adequately maintaining and controlling indoor air quality within public-use facilities, newly-built multi-family housing, and mass transit vehicles. <Amended by Act No. 11665, Mar. 22, 2013>
 Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 7562, May 31, 2005; Act No. 11665, Mar. 22, 2013>
1. The term "public-use facility" means any facility used by many unspecified persons;
2. The term "multi-family housing" means the multi-family housing defined in Article 2 (2) 2 of the Building Act;
2-2. The term “mass transit vehicle” means any vehicle used to transport many unspecified persons;
3. The term "pollutant" means gas, floating particulate, or similar which causes air pollution in indoor spaces, and are prescribed by Ordinance of the Ministry of Environment;
4. The term "ventilation equipment" means any equipment which lets out the polluted indoor air, and lets in fresh outdoor air, to maintain the air pleasant pleasantly in indoor spaces;
5. The term "air purifier" means any equipment which eliminates or reduces pollutants in indoor spaces, installed either within the ventilation equipment or separately from said equipment.
 Article 3 (Scope of Application)
(1) Public-use facilities subject to this Act mean public-use facilities of the scale prescribed by Presidential Decree among the following facilities: <Amended by Act No. 13601, Dec. 22, 2015; Act No. 14113, Mar. 29, 2016>
1. Subway stations (including passages for entrance, waiting rooms, station platforms and passages for transfer, and facilities appurtenant thereto);
2. Underground shopping districts (including the facilities of underground floors appurtenant to a building on the ground);
3. Waiting rooms in the railway stations;
4. Waiting rooms in the passenger terminals defined in subparagraph 5 of Article 2 of the Passenger Transport Service Act;
5. Waiting rooms among harbor facilities defined in subparagraph 5 of Article 2 of the Harbor Act;
6. Passenger terminals among airport facilities defined in subparagraph 8 of Article 2 of the Airport Facilities Act;
7. Libraries defined in subparagraph 1 of Article 2 of the Libraries Act;
8. Museums defined in subparagraph 1 of Article 2 of the Museum and Art Gallery Support Act and art galleries defined in subparagraph 2 of Article 2 of the same Act;
9. Medical institutions prescribed in Article 3 (2) of the Medical Service Act;
10. Postnatal care centers defined in subparagraph 11 of Article 2 of the Mother and Child Health Act;
11. Sanatoriums for older persons referred to in Article 34 (1) 1 of the Welfare of Older Persons Act;
12. National or public child-care centers, child-care centers of corporations, workplace child-care centers, and private child-care centers among child-care centers referred to in Article 10 of the Infant Care Act;
13. Superstores defined in subparagraph 3 of Article 2 of the Distribution Industry Development Act;
14. Funeral homes referred to in Article 29 of the Act on Funeral Services, Etc. (limited to facilities located underground);
15. Movie theaters defined in subparagraph 10 of Article 2 of the Promotion of the Motion Pictures and Video Products Act (limited to indoor movie theaters);
16. Private teaching institutes defined in subparagraph 1 of Article 2 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons;
17. Exhibition facilities defined in subparagraph 4 of Article 2 of the Act on the Development of Exhibition Industry (limited to indoor exhibition facilities);
18. Business facilities for the business of providing Internet computer game facilities defined in subparagraph 7 of Article 2 of the Game Industry Promotion Act;
19. Indoor parking lots;
20. Business facilities defined in Article 2 (2) 14 of the Building Act;
21. Buildings used for at least two of the uses classified pursuant to Article 2 (2) of the Building Act;
22. Indoor performance halls among performance halls defined in the Public Performance Act;
23. Indoor sports facilities among sports facilities defined in the Installation and Utilization of Sports Facilities Act;
24. Business facilities for the public bath business defined in Article 2 (1) 3 (b) of the Public Health Control Act;
25. Any other facilities prescribed by Presidential Decree.
(2) Multi-family housing subject to this Act means those of at least the scale prescribed by Presidential Decree to be newly built, among the following multi-family housing: <Amended by Act No. 7562, May 31, 2005>
1. Apartment houses;
2. Tenement houses;
3. Boarding houses.
(3) Mass transit vehicles subject to this Act are as follows: <Newly Inserted by Act No. 11665, Mar. 22, 2013; Act No. 12216, Jan. 7, 2014>
1. Urban railroad cars used for operating the urban railroad defined in subparagraph 2 of Article 2 of the Urban Railroad Act;
2. Railroad cars to transport passengers among the rolling stocks defined in subparagraph 4 of Article 3 of the Framework Act on Railroad Industry Development;
3. Motor vehicles prescribed by Presidential Decree among motor vehicles used for the passenger transportation business defined in subparagraph 3 of Article 2 of the Passenger Transport Service Act.
 Article 4 (Duty of the State, etc.)
(1) The State and local governments shall formulate and implement policies necessary for controlling indoor air quality within public-use facilities, multi-family housing, and mass transit vehicles (hereinafter referred to as “public-use facilities, etc.”).
(2) Citizens shall actively cooperate with the State or local governments in promoting policies for controlling indoor air quality within public-use facilities, etc. <Newly Inserted by Act No. 13601, Dec. 22, 2015>
[This Article Newly Inserted by Act No. 11881, Jun. 12, 2013]
 Article 4-2 (Relationship with other Acts)
(1) Except as otherwise expressly provided for in other Acts, this Act shall apply to the control of indoor air quality within public-use facilities, etc.
(2) Other Acts relating to the control of indoor air quality within public-use facilities, etc. shall be enacted or amended in compliance with this Act.
[This Article Newly Inserted by Act No. 13601, Dec. 22, 2015]
 Article 4-3 (Master Plans to Control Indoor Air Quality)
(1) The Minister of Environment shall formulate a master plan necessary for controlling indoor air quality (hereinafter referred to as “master plan”) every five years in consultation with the head of a related central administrative agency.
(2) When it is necessary for formulating a master plan, the Minister of Environment shall hear the opinion of a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor").
(3) Master plans shall include the following matters:
1. Basic objectives of controlling indoor air quality within public-use facilities, etc. and direction-setting for implementing the objectives;
2. Status of and outlook for controlling indoor air quality control within public-use facilities, etc.;
3. Installation and operation of a network for measuring indoor air quality within public-use facilities and mass transit vehicles;
4. Establishment and amendment of standards for controlling indoor air quality within public-use facilities, etc.;
5. Other matters necessary for controlling indoor air quality.
(4) When the Minister of Environment deems it necessary to amend a master plan, the Minister may amend the master plan after examining the validity thereof. In such cases, the Minister shall hear the opinion of the Mayor/Do Governor and consult with the head of a related central administrative agency in advance.
(5) After formulating or amending a master plan, the Minister of Environment shall notify the head of a related central administrative agency and the Mayor/Do Governor the master plan.
[This Article Newly Inserted by Act No. 11881, Jun. 12, 2013]
 Article 4-4 (Implementation Plans to Control Indoor Air Quality)
(1) The head of a related central administrative agency shall formulate and implement a detailed plan necessary for enforcing the master plan (hereinafter referred to as “implementation plan”) by jurisdiction according to the master plan, and the Mayor/Do Governor shall formulate and implement an implementation plan of the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province (hereinafter referred to as "City/Do") according to the master plan and the implementation plan of the relevant central administrative agencies.
(2) The head of a related central administrative agency and the Mayors/Do Governors shall submit the implementation plan for the following year and outcomes of implementing the implementation plan in the previous year to the Minister of Environment, as prescribed by Presidential Decree.
(3) Formulation of implementation plans and other necessary matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11881, Jun. 12, 2013]
 Article 4-5 (Fact-Finding Surveys on Indoor Air Quality)
(1) If necessary to efficiently formulate and implement a master plan and implementation plan, the Minister of Environment, the head of a related central administrative agency, or the Mayor/Do Governor may conduct a fact-finding survey on the control of indoor air quality. In such cases, he/she may conduct a fact-finding survey jointly with relevant administrative agencies, private organizations, etc., if necessary to enhance the objectivity and efficiency of the survey.
(2) The Minister of Environment, the head of a related central administrative agency, or the Mayor/Do Governor may publish the findings of a fact-finding survey conducted under paragraph (1).
(3) If necessary for the fact-finding survey referred to in paragraph (1), the Minister of Environment, the head of a related central administrative agency, or the Mayor/Do Governor may request the heads of relevant administrative agencies, the heads of public institutions referred to in Article 4 of the Act on the Management of Public Institutions, or the heads of institutions or organizations prescribed by Presidential Decree to submit data or state their opinions. In such cases, a person in receipt of such request shall comply therewith, except in any special circumstances.
[This Article Newly Inserted by Act No. 13601, Dec. 22, 2015]
 Article 4-6 (Establishment of Measuring Network)
(1) To ascertain the actual condition of indoor air quality within public-use facilities and mass transit vehicles, the Minister of Environment may measure it regularly by establishing a measuring network.
(2) To ascertain the actual condition of indoor air quality within public-use facilities and mass transit vehicles in jurisdiction, the Mayor/Do Governor may measure it regularly by establishing a measuring network. In such cases, the Mayor/Do Governor shall notify the Minister of Environment of measurement results.
(3) The Minister of Environment may provide the Mayor/Do Governor with technical, administrative, and financial support necessary for establishing a measuring network pursuant to paragraph (2). <Newly Inserted by Act No. 13601, Dec. 22, 2015>
[This Article Newly Inserted by Act No. 11881, Jun. 12, 2013]
 Article 4-7 (Installation, Operation, and Management of Measuring Devices)
To ascertain the actual condition of indoor air quality within public-use facilities, the Minister of Environment may recommend persons liable for managing public-use facilities, such as the owners, occupants, or managers of the public-use facilities (hereinafter referred to as "owners, etc."), to install measuring devices prescribed by Ordinance of the Ministry of Environment in such facilities and to operate and manage the devices in compliance with the standards prescribed by Ordinance of the Ministry of Environment.
[This Article Newly Inserted by Act No. 13601, Dec. 22, 2015]
 Article 4-8 (Conducting Risk Assessments)
(1) The Minister of Environment may conduct a risk assessment for substances prescribed by Presidential Decree, such as fine dust, which are likely to substantially harm human health.
(2) The Minister of Environment shall consider the findings from the risk assessment conducted under paragraph (1) in determining pollutants defined in subparagraph 3 of Article 2, the mandatory standards for maintaining air quality referred to in Article 5 (1), or any other standards, guidelines, etc. pursuant to this Act.
(3) The procedures and method for conducting risk assessments under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Environment.
[This Article Newly Inserted by Act No. 13601, Dec. 22, 2015]
 Article 4-9 (Establishment and Operation of Consultative Body on Control of Indoor Air Quality)
(1) To consult on and coordinate matters concerning the standards and policies for controlling indoor air quality among central administrative agencies, the Minister of Environment may establish and operate a Consultative Body on Control of Indoor Air Quality with related central administrative agencies prescribed by Presidential Decree.
(2) The composition and operation the Consultative Body on Control of Indoor Air Quality referred to in paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 14486, Dec. 27, 2016]
 Article 5 (Mandatory Standards for Maintaining Indoor Air Quality, etc.)
(1) The owners, etc. of public-use facilities shall manage the facilities in compliance with standards for maintaining pleasant air quality within the public-use facilities. <Amended by Act No. 13601, Dec. 22, 2015>
(2) The mandatory standards for indoor air quality referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment.
(3) Where deemed necessary given the peculiarities of a local environment, a City/Do may establish the standards for maintaining air quality applicable to the City/Do by its Municipal Ordinance more stringent than the standards for maintaining air quality referred to in paragraph (1). <Amended by Act No. 10312, May 25, 2010; Act No. 11881, Jun. 12, 2013>
(4) When the standards for maintaining air quality referred to in paragraph (3) are established or amended, the Mayor/Do Governor shall promptly report thereon to the Minister of Environment. <Amended by Act No. 10312, May 25, 2010; Act No. 11881, Jun. 12, 2013>
 Article 6 (Guidelines for Indoor Air Quality)
A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply) may recommend the owners, etc. of public-use facilities to manage the facilities in compliance with the guidelines prescribed by Ordinance of the Ministry of Environment to maintain pleasant air quality, apart from the standards for maintaining air quality referred to in Article 5 (1) based on the characteristics of the public-use facilities. In such cases, if the facilities mainly used by vulnerable people prescribed in Article 12-2 fail to comply with the guidelines, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may request the owners, etc. of relevant facilities to take necessary measures, such as improvement, replacement, installation of air purifiers, ventilators or similar equipment. <Amended by Act No. 8155, Dec. 30, 2006; Act No. 13601, Dec. 22, 2015; Act No. 15195, Dec. 12, 2017>
 Article 7 (Education, etc. for Owners, etc. of Public-Use Facilities)
(1) The owners, etc. of public-use facilities shall undergo education on the control of indoor air quality conducted by a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Environment: Provided, That this shall not apply to any of the following persons: <Amended by Act No. 13601, Dec. 22, 2015>
1. The owners, etc. of public-use facilities in which indoor air quality can be measured regularly with the measuring network established under Article 4-6;
2. The owners, etc. of public-use facilities who install measuring devices in such facilities and operate and manage them pursuant to Article 4-7;
3. Any other persons prescribed by Presidential Decree.
(2) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may collect expenses incurred in providing education under paragraph (1) from persons who undergo the education, as prescribed by Ordinance of the Ministry of Environment. <Amended by Act No. 13601, Dec. 22, 2015>
(3) Deleted. <by Act No. 13601, Dec. 22, 2015>
 Article 8 Deleted. <by Act No. 8155, Dec. 30, 2006>
 Article 9 (Control of Indoor Air Quality of Newly-Built Multi-Family Housing)
(1) Every constructor of newly-built multi-family housing shall measure indoor air quality within the newly-built multi-family housing upon completion, and submit measurement results to the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu; and publicly announce the same at a place easily recognizable by the occupants, before they start to move into the housing. <Amended by Act No. 10312, May 25, 2010; Act No. 13601, Dec. 22, 2015>
(2) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall report measurement results submitted pursuant to paragraph (1) to the Minister of Environment, and may make public the measurement results through the Official Gazette, relevant web-site, etc. <Newly Inserted by Act No. 14486, Dec. 27, 2016>
(3) Substances to be measured regarding indoor air quality, methods for measurement, the time for submitting and publicly announcing measurement results, places for posting under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment.
(4) Guidelines for indoor air quality for maintaining the pleasant air quality within newly-built multi-family housing shall be prescribed by Ordinance of the Ministry of Environment. <Newly Inserted by Act No. 7562, May 31, 2005>
(5) The Minister of Environment may develop and disseminate guidelines for controlling indoor air quality within multi-family housing so that the owners, etc. of newly-built multi-family housing can properly maintain and control indoor air quality, thereby living in a pleasant indoor environment. <Newly Inserted by Act No. 13601, Dec. 22, 2015>
 Article 9-2 (Control of Indoor Air Quality within Mass Transit Vehicles)
(1) The Minister of Environment may establish management guidelines concerning the manufacturing, operation, etc. of mass transit vehicles (hereinafter referred to as “management guidelines”) and publicly notify the same, in order to maintain and control pleasant indoor air quality within mass transit vehicles.
(2) The Minister of Environment may recommend manufacturers of mass transit vehicles to manufacture mass transit vehicles in compliance with the management guidelines.
(3) The Mayor/Do Governor may recommend transportation business operators of mass transit vehicles to operate mass transit vehicles in compliance with the management guidelines.
(4) The State and local governments may provide the manufacturers or transportation business operators of mass transit vehicles with financial or technical support necessary for maintaining and controlling indoor air quality within mass transit vehicles in compliance with the management guidelines.
[This Article Newly Inserted by Act No. 11665, Mar. 22, 2013]
 Article 10 (Improvement Orders)
Where any public-use facility is managed not in compliance with the standards for maintaining pleasant air quality referred to in Article 5 (1), the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu may order the owner, etc. of the relevant public-use facility to improve or replace air purifiers or ventilation equipment in such public-use facility or to take other necessary measures (hereinafter referred to as "improvement order") within a specified period, as prescribed by Ordinance of the Ministry of Environment. <Amended by Act No. 13601, Dec. 22, 2015>
[This Article Wholly Amended by Act No. 8155, Dec. 30, 2006]
 Article 11 (Restrictions on Using Construction Materials Emitting Pollutants)
(1) No person who establishes (including improving and repairing existing facilities or housing; hereafter the same shall apply in this Article) public-use facilities or multi-family housing (excluding the health-friendly housing defined in subparagraph 16-2 of Article 2 of the Housing Act; hereafter the same shall apply in this Article) shall use any of the following construction materials emitting pollutants in excess of the standards determined by Ordinance of the Ministry of Environment after consultation between the Minister of Environment and the heads of related central administrative agencies:
1. Adhesives;
2. Paint;
3. Sealants;
4. Putty;
5. Wallpaper;
6. Flooring materials;
7. Any other construction materials determined by Ordinance of the Ministry of Environment, which are used for the interior of buildings, such as composite wood products.
(2) A manufacturer or importer of any construction material specified in any subparagraph of paragraph (1) shall supply the construction material to persons who establish public-use facilities or multi-family housing after obtaining verification from a testing institution under Article 11-2 as to whether the construction material emits any pollutants in excess of the standards referred to in paragraph (1): Provided, That the manufacturer or importer may supply the construction material without verification required under the main sentence, in cases prescribed by Presidential Decree, such as where he/she has obtained verification equivalent to that specified in this Act under other statutes and regulations. <Amended by Act No. 15583, Apr. 17, 2018>
(3) If, as a result of gathering and examining pollutants pursuant to Article 13 (4), any construction material is found to emit pollutants in excess of the standards prescribed in paragraph (1), the Minister of Environment may order a testing institution under paragraph (2) to revoke its verification, and the head of the testing institution shall revoke its verification unless there is a compelling reason not to do so. <Newly Inserted by Act No. 15583, Apr. 17, 2018>
(4) The Minister of Environment may order the manufacturer or importer of any construction material the verification of which has been revoked pursuant to paragraph (3) or of any construction material to which a mark has been affixed in violation of Article 11-6 (1) to recall such construction material or take other necessary measures, or may publish matters related to the construction material, as prescribed by Presidential Decree. <Newly Inserted by Act No. 15583, Apr. 17, 2018>
(5) Matters necessary for the revocation of verification pursuant to paragraph (3) and for the order for recall, etc. and publication pursuant to paragraph (4) shall be prescribed by Presidential Decree. <Amended by Act No. 15583, Apr. 17, 2018>
(6) The procedures, method and validity period for verification referred to in paragraph (2) and other necessary matters shall be prescribed by Presidential Decree.
(7) Where a testing institution verifies any construction material pursuant to paragraph (2), it shall keep relevant records, as prescribed by Ordinance of the Ministry of Environment.
[This Article Wholly Amended by Act No. 13601, Dec. 22, 2015]
 Article 11-2 (Designation of Testing Institutions to Verify Whether Construction Materials Emit Pollutants)
(1) The Minister of Environment may designate a testing institution that can verify whether construction materials emit pollutants (hereinafter referred to as “testing institution”) pursuant to Article 11 (2).
(2) Any person who intends to be designated as a testing institution shall meet the requirements for facilities, equipment and technical personnel prescribed by Ordinance of the Ministry of Environment.
(3) Where a person who has been designated pursuant to paragraph (1) intends to modify any of the significant matters prescribed by Ordinance of the Ministry of Environment, he/she shall file an application for modification.
(4) Matters necessary for requirements and procedures for designating testing institutions shall be prescribed by Ordinance of the Ministry of Environment.
[This Article Newly Inserted by Act No. 15583, Apr. 17, 2018]
 Article 11-3 (Grounds for Disqualification from Designation as Testing Institutions)
None of the following persons shall be designated as a testing institution under Article 11-2 (2):
1. A person under adult guardianship or a person under limited guardianship;
2. A person declared bankrupt but not yet reinstated;
3. A person for whom two years have not passed since the execution of his/her imprisonment with labor declared by a court for violating this Act was terminated (including where such execution is deemed to have been terminated) or the non-execution of such sentence became final and conclusive;
4. A person for whom two years have not passed since the designation was revoked under Article 11-4 (excluding where the designation was revoked as he/she falls under subparagraph 1 or 2 of this Article);
5. A legal entity that has a person falling under any of subparagraphs 1 through 4, among its executive officers and representative.
[This Article Newly Inserted by Act No. 15583, Apr. 17, 2018]
 Article 11-4 (Revocation of Designation of Testing Institutions)
(1) The Minister of Environment may revoke designation of a testing institution or order it to suspend its business for a fixed period not exceeding one year, if it falls under any of the following subparagraphs: Provided, That the designation shall be revoked if it falls under any of subparagraphs 1 through 3:
1. Where it is designated as a testing institution under Article 11-2 by fraud or other improper means;
2. Where it performs its business as a testing institution by fraud or other improper means;
3. Where it falls under any of subparagraphs 1 through 5 of Article 11-3: Provided, That the same shall not apply where a legal entity falling under subparagraph 5 of Article 11-3 has replaced its executive officer or representative in question within six months;
4. Where it performs its business as a testing institution during the period of business suspension;
5. Where it fails to comply with the procedures and methods of verification under Article 11 (6) or to observe obligations under Article 11-5 (1);
6. Where it fails to commence its business within one year after being designated under Article 11-2 (1) or suspends its business for at least one year without justifiable grounds;
7. Where it fails to meet the requirements for facilities, equipment and technical personnel under Article 11-2 (2);
8. Where it fails to file an application for modification under Article 11-2 (3) or files an application for modification by fraud or other improper means;
9. Where it fails to meet the standards for evaluation under Article 11-5 (2).
(2) Detailed criteria of administrative dispositions under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment.
[This Article Newly Inserted by Act No. 15583, Apr. 17, 2018]
 Article 11-5 (Obligations of Testing Institutions)
(1) A testing institution shall observe the obligations prescribed by Ordinance of the Ministry of Environment, such as compliance with the method of verification testing and the recording and preservation of examination results.
(2) The Minister of Environment may evaluate the capability of a testing institution to conduct verification testing.
(3) Matters necessary for evaluation under paragraph (2) shall be prescribed by Ordinance of the Ministry of Environment.
[This Article Newly Inserted by Act No. 15583, Apr. 17, 2018]
 Article 11-6 (Mark for Construction Materials)
(1) Upon verification that construction materials do not exceed the emission standards or upon verification equivalent to that specified in this Act under other statutes and regulations as prescribed in Article 11 (2), the manufacturer or importer of the construction materials shall affix a mark that certifies the fact of verification, as prescribed by Ordinance of the Ministry of Environment.
(2) Any construction material that has yet to be verified under the main sentence of Article 11 (2) or for which verification has been revoked under paragraph (3) of the same Article, not falling under paragraph (1), shall be prohibited from bearing a mark of verification.
[This Article Newly Inserted by Act No. 15583, Apr. 17, 2018]
 Article 11-7 (Conducting Indoor Radon Surveys)
(1) The Minister of Environment may survey the concentration, etc. of radon in indoor air (hereinafter referred to as "indoor radon survey") in order to reduce health risks caused by indoor radon inflow.
(2) To conduct an indoor radon survey, the Minister of Environment shall publicly announce matters necessary for the survey, such as the purpose, subject matter, method, and period of the survey, as prescribed by Ordinance of the Ministry of Environment.
(3) Where an indoor radon survey is required for a particular area, the Minister of Environment may require the Mayor/Do Governor having jurisdiction over the area to conduct the survey.
(4) Where a Mayor/Do Governor has conducted an indoor radon survey pursuant to paragraph (3), he/she shall report the findings from the survey to the Minister of Environment.
(5) The Minister of Environment may provide a Mayor/Do Governor with technical, administrative, and financial support necessary for the indoor radon survey referred to in paragraph (3).
[This Article Newly Inserted by Act No. 13601, Dec. 22, 2015]
 Article 11-8 (Making Radon Map)
(1) The Minister of Environment may make a map indicating the concentration, etc. of radon in indoor air (hereinafter referred to as "radon map") based on the findings from indoor radon surveys.
(2) The standards and method for making the radon map, provision thereof, and other necessary matters shall be prescribed by Ordinance of the Ministry of Environment.
[This Article Newly Inserted by Act No. 13601, Dec. 22, 2015]
 Article 11-9 (Formulation and Implementation of Radon Management Plans)
(1) Where any City/Do exists where radon is likely to cause health risks, based on the findings from indoor radon surveys and a radon map, the Minister of Environment may request the competent Mayor/Do Governor to formulate and implement a radon management plan (hereinafter referred to as "management plan") every five years, subject to deliberation by the Environmental Health Council established under Article 9 of the Environmental Health Act. In such cases, the Mayor/Do Governor shall formulate a management plan after hearing opinions of local residents, unless there is a compelling reason not to do so.
(2) Management plans shall include the following:
1. Current status of public-use facilities, multi-family housing, etc.;
2. Measures to prevent indoor air pollution and health risks caused by radon;
3. Improvement of facilities to block indoor radon inflow;
4. Any other matters the Mayor/Do Governor deems necessary for radon management.
(3) Where a Mayor/Do Governor has formulated a management plan, he/she shall report to the Minister of Environment the details thereof and annual outcomes of implementing the plan, as prescribed by Presidential Decree.
(4) The Minister of Environment may provide a Mayor/Do Governor with technical, administrative, and financial support necessary for implementing management plans.
[This Article Newly Inserted by Act No. 13601, Dec. 22, 2015]
 Article 11-10 (Recommending Use of Radon-Reducing Construction Methods)
(1) Where any area exists where radon is likely to cause health risks within the relevant City/Do, the Mayor/Do Governor may recommend persons who establish (including improving and repairing existing facilities, housing, etc.) public-use facilities, multi-family housing, etc. in such area to take necessary measures, such as using a construction method reducing indoor radon inflow.
(2) The Mayor/Do Governor may recommend the owners, etc. of public-use facilities, multi-family housing, etc. with high concentrations of radon within the relevant City/Do to manage indoor radon concentrations in compliance with the standards prescribed by Ordinance of the Ministry of Environment.
[This Article Newly Inserted by Act No. 13601, Dec. 22, 2015]
 Article 12 (Measurement of Indoor Air Quality)
(1) The owners, etc. of public-use facilities shall either measure indoor air quality directly or through the persons prescribed by Ordinance of the Ministry of Environment, and shall record and preserve measurement results for three years: Provided, That this shall not apply to any of the following persons: <Amended by Act No. 13601, Dec. 22, 2015; Act No. 15583, Apr. 17, 2018>
1. The owners, etc. of public-use facilities in which indoor air quality can be measured regularly with the measuring network established under Article 4-6;
2. The owners, etc. of public-use facilities who install measuring devices in such facilities and operate and manage them pursuant to Article 4-7;
3. Any other persons prescribed by Presidential Decree.
(2) No person who intends to request measurement under paragraph (1) shall give a measurement agent any instructions that may influence measurement and analysis results, such as the manipulation of measured values. <Newly Inserted by Act No. 15583, Apr. 17, 2018>
(3) Pollutants to be measured regarding indoor air quality under paragraph (1), the frequency and timing of measurement, and other matters necessary for measuring indoor air quality shall be prescribed by Ordinance of the Ministry of Environment. <Amended by Act No. 15583, Apr. 17, 2018>
 Article 12-2 (Support for Facilities, etc. Used by Vulnerable People)
(1) To properly maintain, control, and improve indoor air quality within public-use facilities mainly used by vulnerable people who are highly likely to be harmed if exposed to pollutants, such as children, older persons, and pregnant women, the Minister of Environment or the Mayor/Do Governor may provide the following support to the owners, etc. of such public-use facilities:
1. Consulting on the methods for maintaining and controlling indoor air quality suited to the scale and characteristics of the relevant public-use facilities;
2. Technical support and funding to improve indoor air quality within the relevant public-use facilities;
3. Any other technical, administrative, and financial support deemed necessary to maintain, control, and improve indoor air quality within the relevant public-use facilities.
(2) To enable the vulnerable people referred to in paragraph (1) to properly cope with pollutants, the Minister of Environment or the Mayor/Do Governor may develop action guidelines, etc. and provide support, such as education and public relations. <Newly Inserted by Act No. 14486, Dec. 27, 2016>
[This Article Newly Inserted by Act No. 13601, Dec. 22, 2015]
 Article 12-3 (Designation, etc. of Indoor Environmental Management Centers)
(1) To conduct surveys, research, technological development, and other affairs to prevent and manage health risks caused by indoor pollutants, the Minister of Environment may designate a person that meets the requirements prescribed by Presidential Decree, among any of the following institutions, corporations, and organizations, as an Indoor Environmental Management Center (hereinafter referred to as "Center"):
1. A national or public research institute or a Government-funded research institute specified in the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes;
3. A non-profit environment-related corporation or organization established pursuant to the Civil Act or any other statute.
(2) The Minister of Environment may fully or partially subsidize the Centers to cover the expenses incurred in conducting their affairs, within budgetary limits.
(3) The Minister of Environment may revoke designation of a Center or order such Center to suspend its business for a period not exceeding six months, as prescribed by Ordinance of the Ministry of Environment, if any of the following applies to the Center: Provided, That its designation shall be revoked in the case of subparagraph 1:
1. Where it is designated as such by fraud or other improper means;
2. Where it ceases to meet any of the requirements for designation referred to in paragraph (1);
3. Where it uses the subsidy granted pursuant to paragraph (2) for any purpose other than the intended purpose;
4. Where it constitutes any other grounds prescribed by Presidential Decree.
(4) Deleted. <by Act No. 15583, Apr. 17, 2018>
(5) Except as provided in paragraphs (1) through (3), the designation and operation of the Centers and other necessary matters shall be prescribed by Presidential Decree. <Amended by Act No. 15583, Apr. 17, 2018>
[This Article Newly Inserted by Act No. 13601, Dec. 22, 2015]
 Article 12-4 (Building and Operating Indoor Air Quality Monitoring Network)
(1) The Minister of Environment may build and operate an Indoor Air Quality Monitoring Network to control indoor air quality comprehensively and systematically.
(2) The Minister of Environment may request the heads of relevant administrative agencies or organizations to submit data necessary for building and operating the Indoor Air Quality Monitoring Network under paragraph (1). In such cases, a person in receipt of such request shall comply therewith, except in any special circumstances.
[This Article Newly Inserted by Act No. 13601, Dec. 22, 2015]
 Article 13 (Reporting and Inspection)
(1) Where deemed necessary for controlling indoor air quality, a Mayor/Do Governor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may request the owners, etc. of public-use facilities or constructors of newly-built multi-family housing to submit necessary reports or data, and may require related public officials to enter the public-use facilities or newly-built multi-family housing to gather pollutants or inspect related documents, facilities, equipment, etc. <Amended by Act No. 13601, Dec. 22, 2015; Act No. 15583, Apr. 17, 2018>
(2) Where deemed necessary for controlling indoor air quality, the Minister of Environment may request the manufacturers of mass transit vehicles to submit necessary reports or data, and may require related public officials to enter the mass transit vehicles or facilities for manufacturing the mass transit vehicles to gather pollutants or inspect related documents, facilities, equipment, etc. <Newly Inserted by Act No. 11665, Mar. 22, 2013; Act No. 13601, Dec. 22, 2015>
(3) Where deemed necessary for controlling indoor air quality, a Mayor/Do Governor may request a transportation business entity of mass transit vehicles to submit necessary reports or data, and may require related public officials to enter the relevant mass transit vehicles to gather pollutants or inspect related documents, facilities, equipment, etc. <Newly Inserted by Act No. 11665, Mar. 22, 2013; Act No. 13601, Dec. 22, 2015>
(4) Where deemed necessary for controlling indoor air quality, the Minister of Environment may request the manufacturer or importer of construction materials or a testing institution to submit necessary reports or data, and may require related public officials to enter the relevant facilities to gather pollutants or inspect related documents, facilities, equipment, etc. <Newly Inserted by Act No. 15583, Apr. 17, 2018>
(5) When pollutants are gathered under paragraphs (1) through (4), the Minister of Environment, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall request an inspection agency prescribed by Ordinance of the Ministry of Environment to examine the pollution level: Provided, That the same shall not apply where the results of inspection can be judged on the spot. <Amended by Act No. 11665, Mar. 22, 2013; Act No. 15583, Apr. 17, 2018>
(6) When the pollution level is examined under paragraph (5), the Minister of Environment, a Mayor/Do Governor or the head of a Si/Gun/Gu may make public the facility where pollutants were gathered, the name of the pollutants and the results of examining the pollution level, as prescribed by Ordinance of the Ministry of Environment. <Newly Inserted by Act No. 11881, Jun. 12, 2013; Act No. 15583, Apr. 17, 2018>
(7) Every public official who enters a facility and conducts inspections as prescribed in paragraphs (1) through (4) shall carry identification indicating his/her authority and present it to interested persons. <Amended by Act No. 11665, Mar. 22, 2013; Act No. 15583, Apr. 17, 2018>
 Article 13-2 (Hearings)
The Minister of Environment shall hold a hearing if he/she intends to make any of the following dispositions:
1. Revocation of designation of a testing institution pursuant to Article 11-4;
2. Revocation of designation of a Center pursuant to Article 12-3 (3).
[This Article Newly Inserted by Act No. 15583, Apr. 17, 2018]
 Article 13-3 (Delegation and Entrustment of Authority)
(1) Part of the authority of the Minister of Environment vested by this Act may be delegated to the head of an institution under his/her control or a Mayor/Do Governor, as prescribed by Presidential Decree.
(2) Part of the duties of the Minister of Environment, a Mayor/Do Governor, or the head of a Si/Gun/Gu prescribed by this Act may be entrusted to a relevant specialized institution, as prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 13601, Dec. 22, 2015]
 Article 13-4 (Legal Fiction as Public Officials in Application of Penalty Provisions)
For the purposes of Articles 129 through 132 of the Criminal Act, executive officers and employees of a relevant specialized institution who perform the duties entrusted by the Minister of Environment or a Mayor/Do Governor pursuant to Article 13-3 (2) shall be deemed public officials. <Amended by Act No. 15583, Apr. 17, 2018>
[This Article Newly Inserted by Act No. 13601, Dec. 22, 2015]
 Article 13-5 (Re-Examination of Regulation)
The Minister of Environment shall review the appropriateness of the installation, operation, and management of measuring devices under Article 4-7 every five years (referring to the day before January 1 of every fifth year) from January 1, 2017, and shall take measures, such as making improvements.
[This Article Newly Inserted by Act No. 13601, Dec. 22, 2015]
 Article 14 (Penalty Provisions)
(1) Any of the following persons shall be punished by imprisonment with prison labor for not more than one year or by a fine not exceeding ten million won: <Amended by Act No. 14486, Dec. 27, 2016; Act No. 15583, Apr. 17, 2018>
1. A person who fails to comply with an improvement order issued under Article 10;
2. A person who uses any construction material emitting pollutants in excess of the standards, in violation of Article 11 (1);
3. A person who fails to comply with an order to revoke verification under Article 11 (3) or an order for recall, etc. under paragraph (4) of the same Article;
4. A person who has been designated as a testing institution by fraud or other improper means;
5. A person engaging in a testing institution who issues a false test result intentionally or by gross negligence;
6. A person who performs the work of verification during the period of business suspension under Article 11-4.
(2) Deleted. <by Act No. 10312, May 25, 2010>
 Article 15 (Joint Penalty Provisions)
If the representative of a corporation, or an agent, an employee or any other employed person of a corporation or an individual has committed an act in violation of Article 14 in connection with the affairs of the said corporation or individual, not only shall such an actor be punished accordingly, but the corporation or individual shall be punished by a fine as prescribed in the same Article. Provided, That this shall not apply where the corporation or individual has exercised considerable care and supervision with regard to the relevant business to prevent such an act of violation.
[This Article Wholly Amended by Act No. 10312, May 25, 2010]
 Article 16 (Administrative Fines)
(1) Any of the following persons shall be punished by an administrative fine not exceeding twenty million won: <Amended by Act No. 15583, Apr. 17, 2018>
1. Deleted; <by Act No. 14486, Dec. 27, 2016>
2. A person who supplies any construction material without obtaining verification as to whether it emits pollutants in violation of Article 11 (2), or supplies it after obtaining false verification;
3. A person who fails to affix a mark in violation of Article 11-6 (1), or affixes a mark in violation of paragraph (2) of the same Article.
(2) A person who fails to manage facilities in compliance with the standards for maintaining air quality, in violation of Article 5 (1) (excluding where the indoor air quality measured by the Minister of Environment, a Mayor/Do Governor, or the owners, etc. of public-use facilities pursuant to Article 4-6, 4-7, or 12 fails to meet the standards for maintaining air quality), shall be punished by an administrative fine not exceeding ten million won.
(3) Any of the following persons shall be punished by an administrative fine not exceeding five million won: <Amended by Act No. 15583, Apr. 17, 2018>
1. A person who fails to undergo education on the control of indoor air quality in violation of Article 7;
2. A person who fails to submit or publicly announce the results of measuring indoor air quality within newly-built multi-family housing in violation of Article 9, or submits or publicly announces false measurement results;
3. A person who fails to keep records in violation of Article 11 (7), or keeps false records;
4. Deleted; <by Act No. 15583, Apr. 17, 2018>
4-2. A person who fails to observe any of the obligations under Article 11-5 (1);
5. A person who fails to measure indoor air quality in violation of Article 12 (1), or a person who fails to record and preserve measurement results or records and preserves false measurement results;
5-2. A person who gives any instruction that may influence the measurement and analysis results, in violation of Article 12 (2);
6. A person who fails to submit a report or data under Article 13 (1) through (4), or submits a false report or data;
7. A person who refuses, interferes with, or evades the entry, inspection, or gathering of pollutants by a relevant public official under Article 13 (1) through (4).
(4) Administrative fines specified in paragraphs (1) through (3) shall be imposed and collected by the Minster of Environment, a Mayor/Do Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 13601, Dec. 22, 2015]
ADDENDA
(1) (Enforcement Date) This Act shall enter into force one year after the date of its promulgation.
(2) (Transitional Measures on Existing Public-Use Facilities) The owners etc. of public-use facilities as at the time this Act enter into force shall be deemed to have installed air purifiers and ventilation equipment under the amended provisions of Article 8: Provided, That the Mayor/Do Governor may issue an improvement order under the provisions of Article 10 regarding public-use facilities managed not in compliance with the standards for maintaining air quality under the provisions of Article 5 to install air purifiers and ventilation equipment under the provisions of Article 8. <Amended by Act No. 7562, May 31, 2005>
(3) (Applicability concerning Control of Indoor Air Quality of Multi-Family Housing) The amended provisions of Article 9 prescribing control of indoor air quality of multi-family housing shall apply starting with the first applications for approval of business plan under the provisions of Article 16 of the Housing Act, or for construction permission filed under the provisions of Article 8 of the Building Act after this Act enters into force.
(4) (Transitional Measures on Administrative Fine) Former provisions shall govern the imposition of administrative fines on the offenses committed prior to the enforcement of this Act.
(5) Omitted.
(6) (Relations with Other Acts and Subordinate Statutes) Any citation of the former Air Quality Control in Underground Locations Act, or of any provision thereof, in any other statutes as at the time this Act enters into force, shall be deemed a citation of this Act or the corresponding provisions of this Act in lieu of the former provisions, if such corresponding provisions exist herein.
ADDENDA <Act No. 7562, May 31, 2005>
(1) (Enforcement Date) This Act shall enter into force on January 1, 2006.
(2) (Application Example to Control of Indoor Air Quality of Boarding House) In applying the provisions of Article 9 (1) and (2) and the amended provisions of paragraph (3) of the same Article, the amended provisions of Article 3 (2) 3 shall apply starting from the boarding house applying for an approval for project plans under Article 16 of the Housing Act or for construction permit under Article 8 of the Building Act.
ADDENDUM <Act No. 8011, Sep. 27, 2006>
This Act shall enter into force on January 1, 2008.
ADDENDA <Act No. 8038, Oct. 4, 2006>
Article 1 (Enforcement Date)
This Act shall come into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 8155, Dec. 30, 2006>
(1) (Enforcement Date) This Act shall enter into force on January 1, 2007.
(2) (Transitional Measures concerning Penalty Provisions for Violating Improvement Order) The application of the penalty provisions to the violation of the improvement order prior to the enforcement of this Act [including the improvement order provided for in the proviso of paragraph (2) of the Addenda of the Air Quality Control in Underground Locations Act amended by Act No. 6911 (referring to the contents of the Indoor Air Quality Control in Publicly Used Facilities, etc. Act, which are partially amended by Act No. 7562)] shall be governed by the previous provisions.
ADDENDA <Act No. 8654, Oct. 17, 2007>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation. (Proviso omitted.)
(2) Omitted.
ADDENDA <Act No. 10312, May 25, 2010>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures) The application of penalty provisions to any act committed prior to the enforcement of this Act shall be governed by the previous provisions.
ADDENDA <Act No. 10789, Jun. 7, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 11665, Mar. 22, 2013>
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 11881, Jun. 12, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on March 23, 2014.
Article 2 (Transitional Measures concerning Formulation of Master Plans to Control Indoor Air Quality)
The Minister of Environment shall formulate a master plan under the amended provisions of Article 4-2 within one year after this Act enters into force.
ADDENDA <Act No. 12216, Jan. 7, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 13601, Dec. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Public Notice, Disposition or Ongoing Acts under the Former Act)
Any public notice, administrative disposition, or other acts related to indoor air quality given, taken, or performed by administrative agencies, as well as any report, data, or other acts submitted or performed toward administrative agencies pursuant to the former Public Health Control Act before this Act enters into force, shall be deemed acts performed by or toward administrative agencies pursuant to this Act which correspond thereto.
Articles 3 (Transitional Measures concerning Change of Educational Authorities for Owners, etc. of Public-Use Facilities)
Persons who have undergone education conducted by the Minister of Environment under the former provisions of Article 7 (1) before this Act enters into force, shall be deemed to have undergone education on the control of indoor air quality conducted by a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu under the amended provisions of Article 7 (1).
Article 4 (Transitional Measures concerning Change of Person Authorized to Issue Improvement Orders)
Persons issued an improvement order from the Mayor/Do Governor under the former provisions of Article 10 before this Act enters into force, shall be deemed issued an improvement order from a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu under the amended provisions of Article 10.
Article 5 (Transitional Measures concerning Restrictions on Using Construction Materials Emitting Pollutants)
Notwithstanding the amended provisions of Article 11 (1), the former provisions shall apply to persons who have already commenced establishing (including improving and repairing existing facilities or housing) public-use facilities or multi-family housing, such as where the person has filed an application for building permission under Article 11 of the Building Act or a building report under Article 14 of the same Act before this Act enters into force.
Article 6 (Transitional Measures concerning Penalty Provisions)
The former provisions shall apply when penalty provisions apply to any offense committed before this Act enters into force.
Article 7 (Transitional Measures concerning Administrative Fines)
The former provisions shall apply when an administrative fine is imposed regarding any offense committed before this Act enters into force.
Article 8 Omitted.
Article 9 (Relationship with other Acts)
Any citation of the former Indoor Air Quality Control in Public-Use Facilities, etc. Act, or of any provisions thereof, in any other statute as at the time this Act enters into force, shall be deemed a citation of this Act or the corresponding provisions of this Act in lieu of the former Indoor Air Quality Control in Public-Use Facilities, etc. Act or any provisions thereof, if such corresponding provisions exist herein.
ADDENDA <Act No. 14113, Mar. 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 18 Omitted.
ADDENDA <Act No. 14486, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Articles 4-9 and 12-2 (2) shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Transition of Administrative Fines to Penalties)
The former provisions shall apply to any offense committed before this Act enters into force, notwithstanding the amended provisions of Articles 14 (1) 2 and 16 (1) 1.
ADDENDUM <Act No. 15195, Dec. 12, 2017>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 15583, Apr. 17, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability concerning Mark for Construction Materials)
The amended provisions of Article 11-6 (1) shall begin to apply to the first construction material manufactured or imported after this Act enters into force.
Article 3 (Transitional Measures concerning Criteria of Administrative Dispositions)
Regarding any offense committed before this Act enters into force, an administrative disposition shall be imposed based on the previous provisions.
Article 4 (Transitional Measures concerning Penalty Provisions)
For the purposes of applying penalty provisions to any offense committed before this Act enters into force, the previous provisions shall apply.
Article 5 (Transitional Measures concerning Administrative Fines)
For the purposes of imposing an administrative fine for any offense committed before this Act enters into force, the previous provisions shall apply.
Article 6 Omitted.