Law Viewer

Back Home

ENFORCEMENT DECREE OF THE WEATHER OBSERVATION STANDARDIZATION ACT

Presidential Decree No. 19556, jun. 29, 2006

Amended by Presidential Decree No. 20593, Jan. 31, 2008

Presidential Decree No. 20680, Feb. 29, 2008

Presidential Decree No. 21185, Dec. 24, 2008

Presidential Decree No. 21881, Dec. 14, 2009

Presidential Decree No. 22740, Mar. 29, 2011

Presidential Decree No. 24448, Mar. 23, 2013

Presidential Decree No. 25628, Sep. 24, 2014

Presidential Decree No. 25751, Nov. 19, 2014

Presidential Decree No. 26302, jun. 1, 2015

Presidential Decree No. 26527, Sep. 15, 2015

Presidential Decree No. 28211, Jul. 26, 2017

Presidential Decree No. 28243, Aug. 16, 2017

Presidential Decree No. 28436, Nov. 14, 2017

Presidential Decree No. 28841, Apr. 30, 2018

 Article 1 (Purpose)
The purpose of this Decree is to provide for the matters delegated by the Weather Observation Standardization Act and matters necessary for the enforcement of said Act.
 Article 2 (Entities to be Governed)
(1) "Institution or organization prescribed by Presidential Decree" in Article 3 (1) 8 of the Weather Observation Standardization Act (hereinafter referred to as the "Act"), means an institution or organization that conducts weather observations in order to assess the environmental impact thereof under the Environmental Impact Assessment Act. <Amended by Presidential Decree No. 21185, Dec. 24, 2008; Presidential Decree No. 25628, Sep. 24, 2014>
(2) Weather observations not governed by the Act pursuant to Article 3 (2) of the Act are as follows: <Amended by Presidential Decree No. 20593, Jan. 31, 2008; Presidential Decree No. 21881, Dec. 14, 2009; Presidential Decree No. 26302, Jun. 1, 2015; Presidential Decree No. 28841, Apr. 30, 2018>
1. The following weather observations for education or research:
(a) Weather observations to perform experiments, practical training, or research activities;
(b) Weather observations to compare and test performance of meteorological instruments;
2. Weather observations to perform military operations for warfare, military exercises, or defense of national territory which are conducted irregularly or for which security should be maintained;
3. Marine weather observations to conduct a survey of watercourses prescribed in subparagraph 11 of Article 2 of the Act on the Establishment, Management, etc. of Spatial Data;
4. Marine weather observations to provide information necessary for safety of marine traffic by using navigational aids defined in subparagraph 1 of Article 2 of the Navigational Aids Act;
5. Weather observations not exceeding one year.
 Article 3 (Implementation, etc. of Policy on Standardization of Weather Observations)
(1) The policy on the standardization of weather observations under Article 4 (1) of the Act, shall include the following:
1. Standardization of specifications of weather observation equipment, including meteorological instruments;
2. Formulation of standards for settings for weather observations;
3. Standardization of weather observation data and quality management;
4. Standardization of methods for communication among observation agencies to facilitate exchange of weather observation data.
(2) When the Administrator of the Korea Meteorological Administration intends to implement the policy formulated under Article 4 (1) of the Act for the standardization of weather observations, he/she may implement the policy for each field of observation, phase by phase.
 Article 4 (Guidelines, etc. for Formulating Quality Management Plan)
(1) Guidelines for formulating quality management plans under Article 10 (2) of the Act, are as follows:
1. The plan shall include a management plan for maintaining meteorological instruments and observation facilities in optimal condition;
2. The plan shall include provisions regarding improving and managing settings for weather observations;
3. The plan shall include provisions regarding education and training of workers engaged in weather observations.
(2) Each observation agency (excluding the Administrator of the Korea Meteorological Administration) shall annually forward a quality management plan provided for in Article 10 (2) of the Act, and a report on the implementation of the plan for the preceding year, to the Administrator of the Korea Meteorological Administration by not later than January 31.
 Article 5 (Eligibility Criteria for Workers in Charge of Weather Observations)
"Persons who meet the eligibility criteria prescribed by Presidential Decree" in Article 11 of the Act are as follows: <Amended by Presidential Decree No. 25628, Sep. 24, 2014; Presidential Decree No. 28243, Aug. 16, 2017>
1. A person who has graduated from a department or faculty related to meteorology in a university or college defined by subparagraph 1 of Article 2 of the Higher Education Act (including those who are deemed to have the academic background equivalent thereto in accordance with the relevant statutes);
2. A person qualified as a meteorological engineer under statutes governing national technical qualifications;
3. A person who has completed at least 40-hour educational courses for weather observations under Article 35 (1) of the Weather Act.
 Article 6 (Testing of Meteorological Instruments)
(1) "Meteorological instruments prescribed by Presidential Decree" in the main sentence of Article 13 (1) of the Act, means the following: <Amended by Presidential Decree No. 25628, Sep. 24, 2014; Presidential Decree No. 28436, Nov. 14, 2017>
1. Thermometers;
2. Barometers;
3. Hygrometers;
4. Anemoscopes;
5. Anemometers;
6. Sunshine recorders;
7. Pyrheliometers;
8. Rain gauges;
9. Evaporimeters;
10. Snow-depth meters;
11. Meteorological instruments assembled into a set by structurally combining at least two types of meteorological instruments specified in subparagraphs 1 through 10.
(2) A person who intends to have a meteorological instrument tested and approved under the main sentence of Article 13 (1) or Article 13 (2) of the Act, shall file a testing application with the Administrator of the Korea Meteorological Administration (referring to a testing and approval agency, if the testing has been entrusted fully or partially to a person designated as a testing and approval agency under Article 14 (1) of the Act (hereinafter referred to as "testing and approval agency"); the same shall apply hereafter in this Article). When it is intended to file an application for testing any of the meteorological instruments specified in paragraph (1) 11, a separate application may be filed for each component of the meteorological instrument. <Amended by Presidential Decree No. 25628, Sep. 24, 2014; Presidential Decree No. 28436, Nov. 14, 2017>
(3) If a meteorological instrument for which a testing application has been filed under paragraph (2), conforms to the testing standards under Article 13 (5) of the Act, the Administrator of the Korea Meteorological Administration shall issue a test certificate in the form prescribed by Ordinance of the Ministry of Environment. <Amended by Presidential Decree No. 20680, Feb. 29, 2008; Presidential Decree No. 25628, Sep. 24, 2014>
 Article 6-2 (Meteorological Instruments Exempt from Testing)
"Meteorological instruments tested and approved or calibrated under the Framework Act on National Standards or any other relevant statute" in the proviso to Article 13 (1) of the Act, means the following meteorological instruments: <Amended by Presidential Decree No. 26527, Sep. 15, 2015>
1. Meteorological instruments calibrated by the representative institute of national measurement standards under Article 13 (1) of the Framework Act on National Standards or by an institute exclusively dedicated to nationwide calibration under Article 14 (3) of said Act;
2. Meteorological instruments calibrated or tested and approved by a calibrating institute or by a testing and approval agency officially recognized in a foreign country;
3. Meteorological instruments subject to type-approval under Article 14 of the Measures Act.
[This Article Newly Inserted by Presidential Decree No. 25628, Sep. 24, 2014]
 Article 7 (Criteria for Designation of Agency for Testing and Approval of Meteorological Instruments)
A person intending to be designated as a testing and approval agency under Article 14 (2) of the Act shall meet the following criteria: <Amended by Presidential Decree No. 20680, Feb. 29, 2008; Presidential Decree No. 26527, Sep. 15, 2015>
1. The person shall have at least two persons in charge of testing, who shall have at least three years’ work experience in any of the following jobs in total:
(a) A job related to testing of meteorological instruments;
(b) A job related to calibration in an institute exclusively dedicated to nationwide calibration under Article 14 of said Act;
(c) Experience in testing or inspection at a designated accrediting organization or operating agency, established to introduce a laboratory accreditation system under Article 23 of the Framework Act on National Standards;
2. The person shall be equipped with the following facilities for testing and approval:
(a) The person shall meet the requirements prescribed by Ordinance of the Ministry of Environment with respect to basic equipment, portable equipment for testing meteorological instruments, and reference instruments;
(b) The person shall have an office owned or rented for conducting tests of meteorological instruments.
 Article 8 (Optimal Setting for Weather Observations for Requesting Installation of Observation Facilities)
"A place specified by Presidential Decree having the optimal setting for weather observations" in Article 18 (1) of the Act means a place that meets the following criteria: <Amended by Presidential Decree No. 25628, Sep. 24, 2014>
1. The place shall be spacious and flat enough to install an observation facility;
2. The distance between the observation facility to be installed, and any obstacle to observations in the surroundings, shall be at least ten times the height of the obstacle.
 Article 9 (Operation of Committee for Standardization of Weather Observations)
(1) The chairperson of the committee for the standardization of weather observations under Article 20 (1) of the Act (hereinafter referred to as "Committee") shall convene and preside over Committee meetings.
(2) When the chairperson intends to convene a meeting, he/she shall notify each committee member of the date, time, and venue for the meeting and issues on the agenda by not later than seven days before the scheduled date of the meeting: Provided, That the foregoing shall not apply in emergency or extenuating circumstances.
(3) A majority of the members of the Committee shall constitute a quorum, and any decision thereof shall require the concurring votes of at least a majority of those present.
(4) If necessary for efficiently conducting affairs, the Committee may request relevant institutions, experts, etc. to provide information, present opinions, and cooperate therewith in another manner.
(5) Allowances may be paid and travel expenses may be reimbursed, to committee members and related experts, who attend a meeting of the Committee: Provided, That the foregoing shall not apply where a committee member appointed from among public officials, attends a meeting in direct connection with any of the duties assigned to him/her.
(6) Other matters necessary for the operation of the Committee shall be determined by the chairperson after deliberation by the Committee.
 Article 10 (Composition of Committee)
"A central administrative agency or a local government specified by Presidential Decree" in Article 21 (2) 1 of the Act means any of the following authorities: <Amended by Presidential Decree No. 20680, Feb. 29, 2008; Presidential Decree No. 24448, Mar. 23, 2013; Presidential Decree No. 25628, Sep. 24, 2014; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017>
1. Central administrative agencies: The Ministry of National Defense, the Ministry of the Interior and Safety, the Ministry of Environment, the Ministry of Land, Infrastructure and Transport, the Ministry of Oceans and Fisheries, the Rural Development Administration, the Korea Forest Service, or the Korea Coast Guard;
2. Local governments: The Special Metropolitan City, a Metropolitan City, a Metropolitan Autonomous City, a Do, or a Special Self-Governing Province.
 Article 10-2 (Dismissal of Committee Members)
In any of the following cases, the Administrator of the Korea Meteorological Administration may dismiss from office a committee member commissioned pursuant to Article 21 (2) 2 of the Act:
1. If a committee member is unable to continue to perform his/her duties due to mental or physical illness;
2. If a committee member is found to have committed misconduct in connection with his/her duties;
3. If a committee member is found incompetent for the office due to neglect of duty, indecent conduct, or any other factor;
4. If a committee member voluntarily discloses that he/she has difficulty in performing duties.
[This Article Newly Inserted by Presidential Decree No. 28436, Nov. 14, 2017]
 Article 11 (Formation and Operation of Working Subcommittee)
(1) The working subcommittee provided for in Article 21 (5) of the Act shall be comprised of not more than 40 members, including one chairperson.
(2) The secretary of the Committee under Article 21 (3) of the Act shall serve as chairperson of the working subcommittee, and committee members shall be appointed or commissioned from among the following persons:
1. Grade-III or Grade-IV public officials who work for the administrative agency to which each committee member specified in Article 21 (2) 1 of the Act belongs;
2. Persons commissioned by the chairperson of the working subcommittee from among persons who have abundant knowledge and experience in weather observation.
(3) The term of office for committee members commissioned under paragraph (2) 2 shall be two years; but may be consecutively renewed.
(4) The working subcommittee shall have one secretary who shall perform administrative work of the subcommittee; and the secretary shall be appointed by the chairperson of the working subcommittee from among public officials working for the Korea Meteorological Administration. <Amended by Presidential Decree No. 28436, Nov. 14, 2017>
(5) Article 9 shall apply mutatis mutandis to the operation of the working subcommittee. In such cases, "Committee" shall be construed as "working subcommittee." <Amended by Presidential Decree No. 28436, Nov. 14, 2017>
 Article 12 (Procedures, etc. for Taking Measures against Noncompliance with Requests for Improvement of Facilities)
(1) Pursuant to Article 24 (1) of the Act, the Administrative Procedures Act shall apply where the Administrator of the Korea Meteorological Administration takes measures to adjust the ratings of observation facilities under Article 8 (3) of the Act, suspend assistance under Article 9 (1), or preclude a person from accessing meteorological information distributed through the meteorological information system under Article 17 (4) of the Act.
(2) The guidelines for measures to be taken under paragraph (1) are as prescribed in attached Table 1.
 Article 13 (Guidelines for Imposition of Administrative Fines)
Guidelines for imposing administrative fines under Article 28 (1) of the Act are as prescribed in attached Table 2.
[This Article Wholly Amended by Presidential Decree No. 22740, Mar. 29, 2011]
ADDENDA
(1) (Enforcement Date) This Decree shall enter into force on July 1, 2006.
(2) (Transitional Measure regarding Existing Observation Facilities) The deadline by which the observation facilities operated by each observation agency as at the time this Decree enters into force, shall be equipped with the resources required by the standards under Article 4 (2) 1, 2, and 4 of the Act, pursuant to paragraph (2) of the Addenda to the Act, is June 30, 2016.
ADDENDA <Presidential Decree No. 20593, Jan. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 4, 2008.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 20680, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21185, Dec. 24, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2009. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21881, Dec. 14, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 22740, Mar. 29, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Administrative Fines)
The amended provisions of attached Table 2 shall also apply to violations committed before this Decree enters into force.
ADDENDA <Presidential Decree No. 24448, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 25628, Sep. 24, 2014>
This Decree shall enter into force on September 25, 2014.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the provisions amended by any Presidential Decree that was promulgated but has not entered into force before this Decree enters into force, among the Presidential Decrees amended by Article 5 of the Addenda hereto, shall enter into force on the enforcement date of the relevant Presidential Decree.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 26302, Jun. 1, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 4, 2015.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 26527, Sep. 15, 2015>
This Decree shall enter into force on the date of its promulgation.
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 amended part of a Decree which was promulgated before the enforcement of this Decree, but the date on which it enters into force has not yet arrived, among the Decrees amended by Article 8 of the Addenda, shall enter into force on the enforcement date of the relevant Decree, respectively.
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 28243, Aug. 16, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28436, Nov. 14, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 (Transitional Measure concerning Testing of Snow-Depth Meters)
Observational authorities using snow-depth meters, specified in the amended provisions of Article 6 (1) 10, for observation as of the enforcement date under the proviso to Article 1 of the Addenda shall have such snow-depth meters tested according to Article 13 (2) of the Act within five years from the enforcement date under the proviso to Article 1 of the Addenda.
ADDENDA <Presidential Decree No. 28841, Apr. 30, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 1, 2018.
Articles 2 through 5 Omitted.