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MALODOR PREVENTION ACT

Act No. 7170, Feb. 9, 2004

Amended by Act No. 7459, Mar. 31, 2005

Act No. 8014, Sep. 27, 2006

Act No. 8038, Oct. 4, 2006

Act No. 8210, Jan. 3, 2007

Act No. 8371, Apr. 11, 2007

Act No. 8466, May 17, 2007

Act No. 8957, Mar. 21, 2008

Act No. 10031, Feb. 4, 2010

Act No. 11259, Feb. 1, 2012

Act No. 11911, Jul. 16, 2013

Act No. 11915, Jul. 16, 2013

Act No. 11998, Aug. 6, 2013

Act No. 12520, Mar. 24, 2014

Act No. 13531, Dec. 1, 2015

Act No. 13881, Jan. 27, 2016

Act No. 13879, Jan. 27, 2016

Act No. 14491, Dec. 27, 2016

Act No. 14532, Jan. 17, 2017

Act No. 15655, jun. 12, 2018

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to ensure that citizens can live in a healthy and pleasant environment by preventing malodor produced due to business activities, etc.
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows: <Amended by Act No. 11911, Jul. 16, 2013>
1. The term "malodor" means any odor that causes displeasure and disgust to people by stimulating their olfactory sense with hydrogen sulfide, mercaptane, amine, or other pungent substances;
2. The term "designated malodor-producing substance" means any malodor-causing substance as prescribed by Ordinance of the Ministry of Environment;
3. The term "malodor-emitting facilities" means any facilities, machinery, tool, or other things that emit malodor, as prescribed by Ordinance of the Ministry of Environment after consultation between the Minister of Environment and the heads of the relevant central administrative agencies;
4. The term "compound malodor" means any odor that causes displeasure and disgust to people by stimulating their olfactory sense with the simultaneous action of two or more malodorant substances;
5. The term "facility subject to reporting" means any of the following facilities:
(a) Malodor-emitting facilities that shall be reported pursuant to Article 8 (1) or (5);
(b) Malodor-emitting facilities that shall be reported pursuant to Article 8-2 (2).
[This Article Wholly Amended by Act No. 10031, Feb. 4, 2010]
 Article 3 (Responsibilities of State, Local Governments, and People)
(1) The State shall prepare and implement comprehensive policies regarding the prevention of malodor, render financial and technological support for local governments in implementing policies to prevent malodor, and endeavor to investigate and research the effects of malodor on living environment, human health, etc. and to develop and distribute technologies for the prevention of malodor.
(2) Local governments shall prepare and implement policies to prevent malodor in consideration of natural and social characteristics of their jurisdiction, render financial and technological support and provide necessary information to residents who endeavor to prevent malodor.
(3) All people shall endeavor to prevent malodor so as to avoid harm to the livelihood of other people when they engage in business or in daily lives, such as cooking food, raising animals, or growing vegetables, and fully cooperate with policies to prevent malodor implemented by the State or local governments.
(4) The Minister of Environment shall prepare and implement comprehensive policies regarding the prevention of malodor every ten years pursuant to paragraph (1).
[This Article Wholly Amended by Act No. 10031, Feb. 4, 2010]
 Article 4 (Investigations into Actual State of Malodor)
(1) A Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor (excluding any city, the population of which is not less than 500,000 people in his/her jurisdiction; hereinafter the same shall apply), a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") or the head of a city, the population of which is not less than 500,000 people (hereinafter referred to as "head of a large city") shall investigate the actual status of malodor, such as the density of designated malodor-producing substances and the degree of malodor in the air within malodor control areas under Article 6, as prescribed by Ordinance of the Ministry of Environment, on a regular basis and report the outcomes thereof to the Minister of Environment. <Amended by Act No. 11259, Feb. 1, 2012>
(2) A Mayor/Do Governor or the head of a large city shall annually report, to the Minister of Environment, civil petitions related to malodor in a district under his/her jurisdiction and the outcomes of taking measures to address such petitions, as prescribed by Ordinance of the Ministry of Environment.
(3) Where malodor is likely to cause harm to the health and living environment of residents, the Minister of Environment, a Mayor/Do Governor or the head of a large city may investigate the actual status of malodor under paragraph (1) in areas, other than malodor control areas under Article 6.
[This Article Wholly Amended by Act No. 10031, Feb. 4, 2010]
 Article 5 Deleted. <by Act No. 8038, Oct. 4, 2006>
CHAPTER II CONTROL Of MALODOR IN PLACES OF BUSINESS
 Article 6 (Designation of Malodor Control Areas)
(1) A Mayor/Do Governor or the head of a large city shall designate any of the following areas as a malodor control area: <Amended by Act No. 14491, Dec. 27, 2016; Act No. 15655, Jun. 12, 2018>
1. An area in which civil petitions related to malodor have continued to be filed for at least a year, two or more adjoining places of business that operate malodor-emitting facilities are situated, and the malodor exceeds the maximum allowable emission level under Article 7;
2. Any of the following areas, in which collective civil petitions related to malodor are filed:
(a) National industrial complexes, general industrial complexes, urban high-tech industrial complexes, and agricultural and industrial complexes designated under Articles 6, 7, 7-2, and 8 of the Industrial Sites and Development Act, respectively;
(2) A Mayor/Do Governor or the head of a large city may cancel the designation of a malodor control area when the grounds for designating the malodor control area under paragraph (1) cease to exist.
(3) Where a Mayor/Do Governor or the head of a large city does not designate an area falling under any of the subparagraphs of paragraph (1) as a malodor control area, the Minister of Environment shall request the Mayor/Do Governor or the head of a large city that the area be designated as a malodor control area. In such cases, the Mayor/Do Governor or the head of a large city shall, without delay, designate the area as a malodor control area. <Amended by Act No. 15655, Jun. 12, 2018>
(4) When a Mayor/Do Governor or the head of a large city intends to designate, revoke, or change a malodor control area, he/she shall hear the opinions of interested persons, as prescribed by Ordinance of the Ministry of Environment.
(5) When a Mayor/Do Governor or the head of a large city designates, revokes, or changes a malodor control area, he/she shall publicly notify such fact and report the details thereof to the Minister of Environment.
(6) The head of a Si (excluding the head of a large city; hereinafter the same shall apply)/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply) may determine an area and request a Mayor/Do Governor to designate such area as a malodor control area, if deemed necessary for preserving the living environment for residents.
(7) Where a Mayor/Do Governor fails to designate an area requested by the head of a Si/Gun/Gu as a malodor control area pursuant to paragraph (6), the Minister of Environment may recommend the Mayor/Do Governor to designate the area as a malodor control area in consideration of the results of investigation into the actual state of occurrence of malodor under Article 4 (3). <Newly Inserted by Act No. 15655, Jun. 12, 2018>
(8) Matters necessary for the criteria for designation of malodor control areas, etc. shall be prescribed by Ordinance of the Ministry of Environment. <Amended by Act No. 15655, Jun. 12, 2018>
[This Article Wholly Amended by Act No. 10031, Feb. 4, 2010]
 Article 7 (Maximum Allowable Emission Level)
(1) A maximum allowable emission level of malodor from a malodor-emitting facility shall be as prescribed by Ordinance of the Ministry of Environment after consultation between the Minister of Environment and the heads of the relevant central administrative agencies. <Amended by Act No. 15655, Jun. 12, 2018>
(2) Where it is deemed difficult to preserve the living environment of residents with the maximum allowable emission level under paragraph (1), a Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do (excluding a city with a population of not less than 500,000 within the jurisdiction of the Do; hereinafter the same shall apply), a Special Self-Governing Province (hereinafter referred to as "City/Do"), or a city with a population of not less than 500,000 (hereinafter referred to as "large city") may determine a maximum allowable emission level stricter than the maximum allowable emission level under paragraph (1), for facilities prescribed by Presidential Decree from among the malodor-emitting facilities, by municipal ordinances within the scope prescribed by Ordinance of the Ministry of Environment. <Amended by Act No. 11259, Feb. 1, 2012; Act No. 15655, Jun. 12, 2018>
(3) When a City/Do or a large city sets a stricter maximum allowable emission level pursuant to paragraph (2), it shall hear the opinions of interested persons, as prescribed by Ordinance of the Ministry of Environment.
(4) When a Mayor/Do Governor or the head of a large city sets or alters a maximum allowable emission level under paragraph (2), he/she shall report thereon to the Minister of Environment without delay.
(5) Where it is deemed necessary for preserving the living environment of residents, the head of a Si/Gun/Gu may request the relevant City/Do to set a stricter maximum allowable emission level under paragraph (2) for the malodor-emitting facilities in his/her jurisdiction. <Amended by Act No. 15655, Jun. 12, 2018>
[This Article Wholly Amended by Act No. 10031, Feb. 4, 2010]
 Article 8 (Reporting, etc. on Establishment of Malodor-Emitting Facilities)
(1) A person who intends to establish malodor-emitting facilities in a malodor control area shall report to a Mayor/Do Governor or the head of a large city, as prescribed by Ordinance of the Ministry of Environment. This shall also apply where he/she intends to alter any reported matter prescribed by Ordinance of the Ministry of Environment.
(2) A person who reports the establishment or a change under paragraph (1) shall prepare a plan to prevent malodor (hereinafter referred to as "malodor prevention plan"), such as the establishment of malodor-preventing facilities, so as to keep the malodor emitted from the relevant malodor-emitting facilities below maximum allowable emission levels under Article 7, and submit the plan when filing the report: Provided, That this shall not apply where he/she submits materials supporting that malodor emission is always below the maximum allowable emission level under Article 7, as prescribed by Ordinance of the Ministry of Environment.
(3) A person who has established and is operating malodor-emitting facilities without submitting a malodor prevention plan under the proviso to paragraph (2) shall prepare and submit a malodor prevention plan where the relevant facilities are likely to emit malodor in excess of the maximum allowable emission level under Article 7 due to the change of process, raw material, etc.
(4) A person who has submitted a malodor prevention plan under the main sentence of paragraph (2) and paragraph (3) shall take measures necessary for the prevention of malodor before starting operation of the relevant malodor-emitting facilities, based on the malodor prevention plan.
(5) A person who operates malodor-emitting facilities in an area at the time such area is designated and publicly announced as a malodor control area shall submit a malodor prevention plan or materials under the proviso to paragraph (2), along with a report under paragraph (1), within six months from the date of such public announcement, and take measures necessary for preventing malodor based on the malodor prevention plan within one year from the date of such public announcement: Provided, That in cases prescribed by Presidential Decree, such as where special technologies are required for taking the relevant measures, he/she may extend the period for taking measures by six months on approval from a Mayor/Do Governor or the head of a large city.
[This Article Wholly Amended by Act No. 10031, Feb. 4, 2010]
 Article 8-2 (Reporting, etc. on Malodor-Emitting Facilities Outside Malodor Control Areas)
(1) Where civil petitions related to malodor continue to be filed for at least one year for malodor-emitting facilities installed in areas, other than malodor control areas, and a compound malodor or designated malodor-producing substance is emitted in excess of the maximum allowable emission level under Article 7, on at least three occasions, a Mayor/Do Governor or the head of a large city may designate and publicly announce the relevant malodor-emitting facilities as facilities subject to reporting.
(2) A person who operates malodor-emitting facilities designated and publicly announced pursuant to paragraph (1) shall report to a Mayor/Do Governor or the head of a large city within six months from the date of such designation and public announcement, as prescribed by Ordinance of the Ministry of Environment. This shall also apply where he/she intends to alter any reported matter prescribed by Ordinance of the Ministry of Environment.
(3) A person who files a report pursuant to paragraph (2) shall prepare and submit a malodor prevention plan when filing the report, and take measures necessary for the prevention of malodor based on the malodor prevention plan within one year from the date of designation and public announcement under paragraph (1): Provided, That in cases prescribed by Presidential Decree, such as where special technologies are required for taking the relevant measures, he/she may extend the period for taking measures by six months on approval from a Mayor/Do Governor or the head of a large city.
(4) Where it is necessary for preserving the living environment of residents, the head of a Si/Gun/Gu may request a Mayor/Do Governor to make designation and public announcement under paragraph (1).
[This Article Newly Inserted by Act No. 10031, Feb. 4, 2010]
 Article 8-3 (Joint Installation, etc. of Malodor-Preventing Facilities)
(1) The State, a local government and the Korea Environment Corporation under the Korea Environment Corporation Act (hereinafter referred to as the "Korea Environment Corporation") may install and operate public malodor treatment facilities in order to jointly treat malodor emitted from each place of business located in a malodor control area or in an area with malodor-emitting facilities designated and publicly announced as facilities subject to reporting pursuant to Article 8-2 (1). In such cases, the State, a local government, and the Korea Environment Corporation may require an operator of the relevant place of business to pay all or part of costs necessary for the operation of public malodor treatment facilities. <Newly Inserted by Act No. 11259, Feb. 1, 2012>
(2) The State or a local government may entrust the Korea Environment Corporation with the installation or operation of public malodor treatment facilities referred to in paragraph (1). <Newly Inserted by Act No. 11259, Feb. 1, 2012>
(3) Those who operate facilities subject to reporting (hereinafter referred to as "operator of facilities subject to reporting") may jointly install and operate malodor-preventing facilities to treat malodor emitted from facilities subject to reporting, as prescribed by Ordinance of the Ministry of Environment. <Amended by Act No. 11259, Feb. 1, 2012>
(4) Where operators of facilities subject to reporting intend to jointly install and operate malodor-preventing facilities pursuant to paragraph (3), they shall install an operating body of the relevant facilities and appoint a representative thereof. <Amended by Act No. 11259, Feb. 1, 2012>
(5) The maximum allowable emission levels of public malodor treatment facilities under paragraph (1) and of malodor-preventing facilities jointly installed and operated pursuant to paragraph (3) shall be governed by Article 7, and matters necessary for the installation and operation of such facilities shall be prescribed by Ordinance of the Ministry of Environment. <Amended by Act No. 11259, Feb. 1, 2012>
[This Article Newly Inserted by Act No. 10031, Feb. 4, 2010]
 Article 9 (Succession to Rights and Obligations)
(1) A person who succeeds to facilities subject to reporting through inheritance, transfer, or merger shall succeed to the rights and obligations of the previous operator of facilities subject to reporting.
(2) A person who acquires facilities subject to reporting in accordance with any of the following procedures shall succeed to such rights and obligations of the previous operator of facilities subject to reporting as may arise from a report on the establishment or a change of the relevant facilities subject to reporting:
1. Auction under the Civil Execution Act;
3. Sale of attached property under the National Tax Collection Act, the Customs Act, or the Local Tax Act;
4. Any other procedure corresponding to a procedure under any of subparagraphs 1 through 3.
[This Article Wholly Amended by Act No. 10031, Feb. 4, 2010]
 Article 10 (Improvement Orders)
Where the level of malodor emitted from facilities subject to reporting exceeds the maximum allowable emission level under Article 7, a Mayor/Do Governor or the head of a large city may order an operator of facilities subject to reporting to take measures necessary for lowering the level of emitted malodor below the maximum allowable emission level within such period as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10031, Feb. 4, 2010]
 Article 11 (Orders to Suspend Operation)
(1) Where a person who has received an order under Article 10 (hereinafter referred to as "improvement order") fails to comply therewith or, even if he/she does comply, has repeatedly exceeded the maximum allowable emission level under Article 7 within the last two years, a Mayor/Do Governor or the head of a large city may order him/her to suspend the operation of all or part of the relevant facilities subject to reporting. <Amended by Act No. 12520, Mar. 24, 2014>
(2) Matters necessary for the criteria, scope, etc. for orders to suspend operation under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. <Amended by Act No. 12520, Mar. 24, 2014>
[This Article Wholly Amended by Act No. 10031, Feb. 4, 2010]
 Article 12 (Disposition of Penalty Surcharges)
(1) Where any order to suspend operation under Article 11 is to be issued to an operator of any of the following facilities subject to reporting and such order is deemed to cause significant inconvenience to the life of residents and undermine the public interest, a Mayor/Do Governor or the head of a large city may impose penalty surcharges not exceeding 100 million won on such operator, in lieu of an order to suspend operation: <Amended by Act No. 12520, Mar. 24, 2014; Act No. 13879, Jan. 27, 2016; Act No. 14532, Jan. 17, 2017>
2. Public sewage treatment plants or waste treatment plants under subparagraph 9 or 10 of Article 2 of the Sewerage Act;
3. Public treatment facilities under subparagraph 9 of Article 2 of the Act on the Management and Use of Livestock Excreta;
4. Public wastewater treatment facilities under subparagraph 17 of Article 2 of the Water Environment Conservation Act;
5. Facilities installed or operated by local governments, among waste disposal facilities under subparagraph 8 of Article 2 of the Wastes Control Act;
6. Other malodor-emitting facilities prescribed by Presidential Decree.
(2) Necessary matters concerning the amounts, etc. of penalty surcharges, based on the types, severity, etc. of violations subject to penalty surcharges under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment.
(3) Where a person who operates facilities under paragraph (1) fails to pay a penalty surcharge under paragraph (1) by the payment deadline, a Mayor/Do Governor or the head of a large city shall collect it in accordance with the Act on the Collection of Local Non-Tax Revenue. <Amended by Act No. 11998, Aug. 6, 2013>
[This Article Wholly Amended by Act No. 10031, Feb. 4, 2010]
 Article 13 (Orders for Closedown, etc. of Illegal Facilities)
(1) A Mayor/Do Governor or the head of a large city shall order a person who installs or operates facilities subject to reporting without filing the required report to suspend the use of the relevant facilities subject to reporting: Provided, That where any other law prohibits the installation of the relevant facilities subject to reporting in the location of their installation, he/she shall issue an order to close down the relevant facilities subject to reporting.
(2) Other necessary matters concerning orders to suspend use or close down under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment.
[This Article Wholly Amended by Act No. 10031, Feb. 4, 2010]
 Article 14 (Recommendations for Improvement, etc.)
(1) Where malodor emitted from any malodor-emitting facilities, other than facilities subject to reporting, exceeds the maximum allowable emission level under Article 7 (1), a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a large city, or the head of a Si/Gun/Gu may recommend operators of the relevant malodor-emitting facilities to take necessary measures to lower the level of such malodor below the maximum allowable emission level under Article 7 (1). <Amended by Act No. 11911, Jul. 16, 2013>
(2) Where a person who receives a recommendation pursuant to paragraph (1) fails to follow the recommendation, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a large city, or the head of a Si/Gun/Gu may order the person to take measures necessary to reduce malodor. <Amended by Act No. 11911, Jul. 16, 2013>
[This Article Wholly Amended by Act No. 10031, Feb. 4, 2010]
CHAPTER III PREVENTION OF MALODOR IN COMMUNITIES
 Article 15 Deleted. <by Act No. 10031, Feb. 4, 2010>
 Article 16 (Prohibition of Malodor in Public Waters)
The State and local governments shall manage public waters, such as sewer lines, rivers, lakes and marshes, and harbors, in an appropriate manner, to ensure that malodor emitted from public waters does not cause any harm to residents living in neighboring areas. <Amended by Act No. 11915, Jul. 16, 2013>
[This Article Wholly Amended by Act No. 10031, Feb. 4, 2010]
 Article 16-2 (Technical Diagnosis, etc.)
(1) To prevent malodor from causing harm to residents' health and to preserve their living environment, a Mayor/Do Governor, the head of a large city, and the head of a Si/Gun/Gu shall, every five years, conduct technical diagnosis of the following malodor-emitting facilities installed and operated by the head of the relevant local government: Provided, That where he/she has conducted technical diagnosis of malodor pursuant to other statutes, he/she shall be deemed to have conducted the technical diagnoses under this paragraph: <Amended by Act No. 13879, Jan. 27, 2016; Act No. 14532, Jan. 17, 2017>
1. Public sewage treatment plants and waste treatment plants under subparagraphs 9 and 10 of Article 2 of the Sewerage Act;
2. Public treatment facilities under subparagraph 9 of Article 2 of the Act on the Management and Use of Livestock Excreta;
3. Public wastewater treatment facilities under subparagraph 17 of Article 2 of the Water Environment Conservation Act;
4. Facilities that treat (including recycling) food wastes, among waste treatment facilities under subparagraph 8 of Article 2 of the Wastes Control Act;
5. Other facilities for which the Mayor/Do Governor, the head of a large city, or the head of a Si/Gun/Gu deems it necessary to conduct technical diagnosis because they are likely to cause malodor-induced harm, from among facilities installed and operated by the head of the relevant local government.
(2) Where it is deemed necessary to take measures to reduce malodor, etc. as the results of technical diagnosis under paragraph (1), the Mayor/Do Governor, the head of a large city, or the head of a Si/Gun/Gu who has conducted technical diagnosis pursuant to paragraph (1) shall prepare and implement an improvement plan.
(3) The details and methods of technical diagnosis under paragraph (1), the scope of facilities subject to technical diagnosis, etc. shall be prescribed by Ordinance of the Ministry of Environment. <Amended by Act No. 15655, Jun. 12, 2018>
(4) A Mayor/Do Governor, the head of a large city, or the head of a Si/Gun/Gu may have the Korea Environment Corporation or a person registered pursuant to Article 16-3 (1) perform the duties of technical diagnosis under paragraph (1) on his/her behalf. <Newly Inserted by Act No. 15655, Jun. 12, 2018>
[This Article Newly Amended by Act No. 10031, Feb. 4, 2010]
 Article 16-3 (Registration of Specialized Technical Diagnostic Institutes)
(1) A person who intends to perform the duties of technical diagnosis under Article 16-2 (1) on behalf of the heads of relevant local governments shall have the facilities, equipment, technical personnel, etc. that meet the requirements prescribed by Presidential Decree and file a registration with the Minister of Environment.
(2) Where a person who files a registration pursuant to paragraph (1) (hereinafter referred to as "specialized technical diagnostic institute") intends to modify important matters prescribed by Ordinance of the Ministry of Environment among the matters registered pursuant to paragraph (1), he/she shall register any modification with the Minister of Environment.
(3) Procedures for registration and registration of modification under paragraphs (1) and (2) and other necessary matters shall be prescribed by Ordinance of the Ministry of Environment.
[This Article Newly Inserted by Act No. 15655, Jun. 12, 2018]
 Article 16-4 (Matters to Be Observed by Specialized Technical Diagnostic Institutes, etc.)
Where the Korea Environment Corporation and specialized technical diagnostic institutes perform the duties of technical diagnosis under Article 16-2 (1) on behalf of the heads of relevant local governments, they shall observe the following matters:
1. Performing the duties of technical diagnosis according to the details and methods of technical diagnosis under Article 16-2 (3) and preserving the results of the diagnosis for five years;
2. Having registered technical personnel perform the duties of technical diagnosis;
3. Notifying the heads of the relevant local governments of the results of technical diagnosis within 30 days from the date the technical diagnosis is conducted;
4. Proposing measures for improving facilities to remove malodor from the malodor-emitting facilities subject to technical diagnosis, optimum management measures, and reasonable expenses for the improvement;
5. Observing other matters prescribed by Presidential Decree, such as filing reports on the results of technical diagnosis.
[This Article Newly Inserted by Act No. 15655, Jun. 12, 2018]
 Article 16-5 (Grounds for Disqualification from Being Registered as Specialized
Technical Diagnostic Institute)
Any of the following persons shall not be registered as a specialized technical diagnostic institute:
1. A person under adult guardianship or a person under limited guardianship;
2. A person declared bankrupt and not yet reinstated;
3. A person for whom two years have not passed since his/her imprisonment with labor or heavier punishment declared by a court for violating this Act was completely executed (including cases where the execution is deemed to have been completed) or exempted;
4. A person for whom two years have not passed since his/her registration was revoked pursuant to Article 16-6 (excluding where registration was revoked as he/she falls under subparagraph 1 or 2 of this Article);
5. A corporation whose executive officers fall under any of the subparagraphs 1 through 4.
[This Article Newly Inserted by Act No. 15655, Jun. 12, 2018]
 Article 16-6 (Revocation, etc. of Registration of Specialized Technical Diagnostic Institutes)
(1) Where a specialized technical diagnostic institute falls under any of the following subparagraphs, the Minister of Environment may revoke its registration or order it to fully or partially suspend its business for a specified period not exceeding six months: Provided, That where the institute falls under subparagraph 1 or 6, the Minister of Environment shall revoke the registration:
1. Where it has filed a registration under Article 16-3 (1) by fraud or other improper means;
2. Where it has failed to start business within one year after filing a registration under Article 16-3 (1) or has closed business for at least one year without good reasons;
3. Where it has become unable to meet the requirements for registration under Article 16-3 (1);
4. Where it has failed to register modification in violation of Article 16-3 (2) or has registered modification by fraud or other improper means;
5. Where it has failed to comply with the matters to be observed under Article 16-4;
6. Where it falls under any of subparagraphs 1 through 3 and 5 of Article 16-5: Provided, That where any executive officer of the corporation falls under subparagraph 5 of Article 16-5 and such executive officer is replaced within six months shall be excluded;
7. Where it makes a new contract for technical diagnosis or performs the duties of technical diagnosis during the period of business suspension.
(2) The detailed criteria for administrative dispositions under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment.
[This Article Newly Inserted by Act No. 15655, Jun. 12, 2018]
 Article 16-7 (Control of Malodor in Communities)
(1) A Mayor/Do Governor and the head of a large city may formulate and implement countermeasures to prevent malodor in communities, such as malodor testing, the performance of technical diagnosis, and the installation of malodor prevention facilities, against facilities, etc. deemed to be the cause of the emission of malodor in communities in order to reduce malodor emitted from facilities, etc. other than malodor-emitting facilities (hereinafter referred to as "malodor in communities"), as prescribed by municipal ordinance of the relevant local government.
(2) A Mayor/Do Governor and the head of a large city may impose regulations to improve malodor in communities, as prescribed by municipal ordinances.
[This Article Newly Inserted by Act No. 13531, Dec. 1, 2015]
CHAPTER IV INSPECTIONS, ETC.
 Article 17 (Reports, Inspections, etc.)
(1) If necessary to check the compliance with the maximum allowable emission level under Article 7, conduct a technical diagnosis under Article 16-2, or examine malodor in the communities under Article 16-7, the Minister of Environment, a Mayor/Do Governor, or the head of a large city may order the operator of a malodor-emitting facility or the operator of a facility deemed to be the cause of emission of malodor in the communities to report necessary matters or submit data, as prescribed by Ordinance of the Ministry of Environment, and have relevant public officials visit the relevant places of business, etc. to collect samples to examine malodor or to inspect the relevant documents, facilities, equipment, etc. <Amended by Act No. 15655, Jun. 12, 2018>
(2) When samples are collected pursuant to paragraph (1), the Minister of Environment, the Mayor/Do Governor, or the head of a large city shall request a malodor-inspecting institution under Article 18 to test malodor.
(3) The Minister of Environment, the Mayor/Do Governor, or the head of a large city may order the employees of a malodor-testing institution under Article 18 to collect samples under paragraph (1) in the presence of the relevant public officials.
(4) Where the Minister of Environment, a Mayor/Do Governor, or the head of a large city has public officials collect samples to examine malodor under paragraph (1), he/she may have them collect samples using remote controlled automatic sample collection devices with the consent of the owners, possessors, or managers of the land, places of business, etc. <Newly Inserted by Act No. 15655, Jun. 12, 2018>
(5) Matters concerning the specification of remote controlled automatic sample collection devices under paragraph (4), installation thereof, places to collect samples, methods of collection, etc. shall be prescribed by Ordinance of the Ministry of Environment. <Newly Inserted by Act No. 15655, Jun. 12, 2018>
(6) A public official who enters relevant places of business, etc., for an inspection under paragraph (1) shall carry an identification indicating his/her authority and present it to relevant persons. <Amended by Act No. 15655, Jun. 12, 2018>
[This Article Wholly Amended by Act No. 10031, Feb. 4, 2010]
 Article 18 (Malodor-Inspecting Institutions)
(1) A malodor-inspecting institution that tests the malodor of the sample collected under Article 17 shall be designated by the Minister of Environment, from among the following entities:
1. National or public research institutes;
3. Corporations established under special Acts;
4. Environmental non-profit corporations that receive permission for establishment from the Minister of Environment;
5. Test or inspection institutions involved in chemistry, recognized under Article 23 of the Framework Act on National Standards.
(2) A person who intends to be designated as a malodor-inspecting institution under paragraph (1) shall have facilities and equipment for inspection, technical personnel, etc. as prescribed by Ordinance of the Ministry of Environment.
(3) Where a person designated as a malodor-inspecting institution under paragraph (1) intends to alter any designated matter, he/she shall file a report thereon to the Minister of Environment.
(4) Where the Minister of Environment designates a malodor-inspecting institution under paragraph (1), he/she shall issue a certificate of designation and publicly announce such fact.
(5) Necessary matters concerning the procedure for designating a malodor-inspecting institution under paragraph (1), matters to be observed by a malodor-inspecting institution, inspection fees, etc. shall be prescribed by Ordinance of the Ministry of Environment.
[This Article Wholly Amended by Act No. 10031, Feb. 4, 2010]
 Article 19 (Revocation of Designation, etc.)
(1) Where any person designated as a malodor-inspecting institution under Article 18 (1) falls under any of the following subparagraphs, the Minister of Environment may revoke the designation of the malodor-inspecting institution or order the person to suspend his/her business for a fixed period within six months: Provided, That where the person falls under subparagraph 1, the Minister of Environment shall revoke the designation:
1. Where a person has been designated by fraud or other improper means;
2. Where a person fails to fulfill the criteria of designation under Article 18 (2);
3. Where a person prepares fraudulent inspection findings by intention or gross negligence.
(2) Detailed standards for revocation of designation or order for business suspension under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment.
[This Article Wholly Amended by Act No. 10031, Feb. 4, 2010]
CHAPTER V SUPPLEMENTARY PROVISIONS
 Article 20 (Cooperation by Related Institutions)
Where deemed necessary for attaining the objectives of this Act, the Minister of Environment, a Mayor/Do Governor, or the head of a large city may request the head of a related institution to provide data or information on necessary matters for preventing malodor, such as the business activities of a place of business emitting malodor and the technology for preventing malodor, to submit his/her opinion or to cooperate on matters prescribed by Presidential Decree. In such cases, the head of a related institution in receipt of such request shall comply therewith unless any extenuating circumstance exists.
[This Article Wholly Amended by Act No. 10031, Feb. 4, 2010]
 Article 21 (Technical Assistance for Reduction of Malodor)
(1) The Minister of Environment may provide technical assistance necessary for reduction of malodor to a place of business emitting malodor.
(2) Eligibility, procedures, and other matters necessary for technical assistance prescribed in paragraph (1) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11259, Feb. 1, 2012]
 Article 22 (Hearings)
Where the Minister of Environment, a Mayor/Do Governor, or the head of a large city intends to take any of the following measures, he/she shall hold a hearing: <Amended by Act No. 12520, Mar. 24, 2014; Act No. 15655, Jun. 12, 2018>
1. Orders to suspend the operation of facilities subject to reporting under Article 11;
2. Orders to suspend the use of, or to close down, facilities subject to reporting under Article 13;
2-2. Revocation of registration of a specialized technical diagnostic institute under Article 16-6;
3. Revocation of designation of a malodor-inspecting institution under Article 19.
[This Article Wholly Amended by Act No. 10031, Feb. 4, 2010]
 Article 23 (Fees)
A person who intends to report on the establishment etc. of malodor-emitting facilities under Article 8 (1) or (5) or Article 8-2 (2) shall pay fees as prescribed by Ordinance of the Ministry of Environment.
[This Article Wholly Amended by Act No. 10031, Feb. 4, 2010]
 Article 24 (Delegation and Entrustment of Authority and Duties)
(1) The Minister of Environment may delegate part of his/her authority under this Act to the head of a regional environmental protection authority or the head of a national environment research institute belonging to the Ministry of Environment, as prescribed by Presidential Decree. <Amended by Act No. 13881, Jan. 27, 2016>
(2) The Mayor/Do Governor may delegate part of his/her authority under this Act to the head of a Si/Gun/Gu, as prescribed by Presidential Decree.
(3) The Minister of Environment may entrust some of his/her duties under this Act to the relevant specialized institution, as prescribed by Presidential Decree. <Newly Inserted by Act No. 11259, Feb. 1, 2012>
[This Article Wholly Amended by Act No. 10031, Feb. 4, 2010]
 Article 25 (Legal Fiction as Public Official in Application of Penalty Provisions)
Executive officers or employees of malodor-inspecting institutions who are engaged in malodor inspection under Article 18 (1) shall be deemed public officials, for purposes of the application of Articles 129 through 132 of the Criminal Act.
[This Article Wholly Amended by Act No. 10031, Feb. 4, 2010]
CHAPTER VI PENALTY PROVISONS
 Article 26 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended by Act No. 12520, Mar. 24, 2014>
1. A person who violates an order to suspend the operation of facilities subject to reporting under Article 11;
2. A person who violates an order to suspend the use of, or to close down, facilities subject to reporting under Article 13.
[This Article Wholly Amended by Act No. 10031, Feb. 4, 2010]
 Article 27 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won:
1. A person who establishes or operates facilities subject to reporting without reporting thereon under the former part of Article 8 (1), paragraph (5) of the same Article or the former part of Article 8-2 (2) or after making a false report;
2. A person who performs the duties of technical diagnosis on behalf of the heads of local governments without filing a registration of a specialized institute under Article 16-3 (1);
3. A person who files a registration of a specialized technical diagnostic institute under Article 16-3 (1) by fraud or other improper means.
[This Article Wholly Amended by Act No. 15655, Jun. 12, 2018]
 Article 28 (Penalty Provisions)
Any of the following persons shall be punished by a fine not exceeding three million won: <Amended by Act No. 12520, Mar. 24, 2014>
1. A person who fails to comply with an improvement order under Article 10;
2. A person who refuses, interferes with, or evades the access, collection or inspection by the relevant public officials under Article 17 (1);
3. A person who operates malodor-emitting facilities without taking measures necessary to prevent malodor in accordance with a malodor prevention plan, in violation of Article 8 (4);
4. A person who fails to take measures necessary to prevent malodor in accordance with a malodor prevention plan within the period under Articles 8 (5) and 8-2 (3).
[This Article Wholly Amended by Act No. 10031, Feb. 4, 2010]
 Article 29 (Joint Penalty Provisions)
Where the representative of a corporation, or an agent, employee of, or other person employed by, a corporation or an individual commits an offence under Articles 26 through 28 in connection with the business affairs of the corporation or individual, not only shall such offender be punished, but also the corporation or individual shall be punished by a fine under the relevant provisions: Provided, That this shall not apply where the corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business affairs in order to prevent such offence.
[This Article Wholly Amended by Act No. 10031, Feb. 4, 2010]
 Article 30 (Administrative Fines)
(1) An administrative fine not exceeding two million won shall be imposed on any of the following persons: <Amended by Act No. 13881, Jan. 27, 2016; Act No. 15655, Jun. 12, 2018>
1. A person who fails to comply with an order to take measures under Article 14 (2);
2. A person who fails to conduct a technical diagnosis under Article 16-2;
3. A person who modifies important matters without filing a registration of modification under Article 16-3 (2);
4. A person who fails to comply with the matters to be observed under Article 16-4.
(2) Any of the following persons shall be punished by an administrative fine not exceeding one million won:
1. A person who fails to report a change or who files a false report under the latter part of Article 8 (1) or the latter part of Article 8-2 (2);
2. A person who fails to report or files a false report, or who fails to submit data or submits false data under Article 17 (1).
(3) Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of Environment, the Mayor/Do Governor, the head of a large city, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10031, Feb. 4, 2010]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Official Methods to Test Malodor)
Official test methods concerning malodor pollution, from among official methods to test air pollution publicly notified under Article 7 of the Clean Air Conservation Act, as at the time this Act enters into force, shall be deemed official methods to test malodor publicly notified under Article 5.
Article 3 Omitted.
Article 4 (Transitional Measures concerning Application of Penalty Provisions, etc. Following Amendment to Clean Air Conservation Act)
The application of penalty provisions or administrative fines to violations of the former Clean Air Conservation Act, which were committed before this Act enters into force, shall be governed by the former provisions.
ADDENDA <Act No. 7459, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8014, Sep. 27, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDA <Act No. 8038, Oct. 4, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 8210, Jan. 3, 2007>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 6 (1) shall enter into force one year after the date of its promulgation.
(2) (Applicability to Application Period of Comprehensive Policies on Malodor Prevention) The application period of comprehensive policies on malodor prevention, established under the amended provisions of Article 3 (4) after this Act enters into force, shall be from January 1, 2008 to December 31, 2017.
(3) (Transitional Measures concerning Article 16 of the Environmental Examination and Inspection Act) Article 16 of the Environmental Examination and Inspection Act, among the amended provisions of subparagraph 4 and subparagraph 5 (a) of Article 19, shall be deemed Article 17 of the Development of and Support for Environmental Technology Act, until the immediately preceding day of the date on which the Environmental Examination and Inspection Act (Act No. 8038) enters into force.
ADDENDA <Act No. 8371, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 8466, May 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 8957, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 10031, Feb. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (General Transitional Measures)
Any designation, public announcement or other acts conducted by a Do Governor (referring to a Do Governor of a Do with a large city in its jurisdiction; hereafter the same shall apply in this Article) in accordance with the former provisions, or any act in relation to a Do Governor, as at the time this Act enters into force, shall be deemed designation, public announcement or other acts conducted by the head of a large city, or acts toward the head of a large city, under this Act.
Article 3 (Transitional Measures concerning Conducting of Technical Diagnosis)
The Mayor/Do Governor, the head of a large city or the head of a Si/Gun/Gu shall conduct technical diagnosis under the amended provisions of Article 16-2 within two years from the date on which this Act enters into force.
Article 4 Omitted.
ADDENDUM <Act No. 11259. Feb. 1, 2012>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 4 (1) and 7 (2) shall enter into force on July 1, 2012, and the provisions concerning public malodor treatment facilities among the amended provisions of Article 8-3 (1), (2) and (5) shall enter into force one year after the date of its promulgation.
ADDENDUM <Act No. 11911, Jul. 16, 2013>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11915, Jul. 16, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 11998, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 12520, Mar. 24, 2014>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 13531, Dec. 1, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13879, Jan. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted).
Articles 2 through 12 Omitted.
ADDENDUM <Act No. 13881, Jan. 27, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 14491, Dec. 27, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14532, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That among the Acts amended by Article 6 of the Addenda, the amended provisions of an Act which was promulgated before this Act enters into force but the enforcement date of which has yet to arrive shall enter into force on the respective enforcement date of the relevant Act.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 15655, Jun. 12, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Incompetent Persons, etc.)
A person under adult guardianship or a person under limited guardianship under the amended provision of subparagraph 1 of Article 16-5 shall be deemed to include persons in whose case the declaration of incompetency or quasi-incompetency remains effective pursuant to Article 2 of the Addenda to the Civil Act (Act No. 10429).