ACT ON PROMOTION OF DEVELOPMENT AND DISTRIBUTION OF ENVIRONMENT-FRIENDLY MOTOR VEHICLES
Act No. 7238, Oct. 22, 2004
Amended by Act No. 7949, Apr. 28, 2006
Act No. 8404, Apr. 27, 2007
Act No. 8852, Feb. 29, 2008
Act No. 9685, May 21, 2009
Act No. 9686, May 21, 2009
Act No. 10893, Jul. 21, 2011
Act No. 11690, Mar. 23, 2013
Act No. 12154, Jan. 1, 2014
Act No. 13871, Jan. 27, 2016
Act No. 14079, Mar. 22, 2016
Act No. 14315, Dec. 2, 2016
Act No. 15509, Mar. 20, 2018
Act No. 16133, Dec. 31, 2018
Act No. 16172, Dec. 31, 2018
The purpose of this Act is to plan for the continuous development of the motor vehicle industry and for the improvement of living conditions of the citizens and to contribute to the national economy by establishing and implementing a comprehensive plan and policy to promote the development and distribution of environment-friendly motor vehicles.
[This Article Wholly Amended by Act No. 10718, May 24, 2011]
The terms used in this Act shall be defined as follows: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14315, Dec. 2, 2016; Act No. 16133, Dec. 31, 2018>
| 1. | The term "motor vehicle" means a motor vehicle or construction machinery falling under any of the following items, prescribed by Presidential Decree: |
| 2. | The term "environment-friendly motor vehicle" means an electric vehicle, solar-powered vehicle, hybrid vehicle, hydrogen electric vehicle, or a vehicle that meets the environmental standards set by Ordinance of the Ministry of Trade, Industry and Energy among vehicles subject to permissible emission limits prescribed in Article 46 (1) of the Clean Air Conservation Act, and which is publicly announced by the Minister of Trade, Industry and Energy after consultation with the Minister of Environment, among the motor vehicles meeting the following requirements: |
| (a) | Its energy efficiency shall meet the standards prescribed by Ordinance of the Ministry of Trade, Industry and Energy; |
| (c) | Its technical specifications, such as the performance of a motor vehicle, shall meet the standards prescribed by Ordinance of the Ministry of Trade, Industry and Energy; |
| 3. | The term "electric vehicle" means a motor vehicle that uses electric energy charged from an electric power supply as its power source; |
| 4. | The term "solar-powered vehicle" means a motor vehicle that uses solar energy as its power source; |
| 5. | The term "hybrid vehicle" means a motor vehicle that uses a combination of gasoline, diesel fuel, liquefied petroleum gas, natural gas or fuel prescribed by Ordinance of the Ministry of Trade, Industry and Energy and electric energy (including electric energy charged from an electric power supply) as its power source; |
| 6. | The term "hydrogen electric vehicle" means a motor vehicle that uses electric energy generated by using hydrogen as its power source; |
| 7. | and 8. Deleted; <by Act No. 14315, Dec. 2, 2016> |
| 9. | The term "hydrogen-fuel supply facility" means a facility that supplies hydrogen to hydrogen electric vehicles. |
[This Article Wholly Amended by Act No. 10718, May 24, 2011]
| Article 3 (Master Plans for Development of Environment-Friendly Motor Vehicles) |
| (1) | The Minister of Trade, Industry and Energy shall establish a master plan to promote the development and distribution of environment-friendly motor vehicles (hereinafter referred to as "master plan") every five years. In such cases, he/she shall hear the opinions of the heads of relevant central administrative agencies, such as the Minister of Environment, and the Special Metropolitan City Mayor, a Metropolitan City Mayor, Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as a "Mayor/Do Governor"), as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Master plans shall contain the following: |
| 1. | Basic direction-setting for the development and distribution of environment-friendly motor vehicles; |
| 2. | Medium- and long-term goals for the development and distribution of environment-friendly motor vehicles; |
| 3. | Matters concerning the research and development of environment-friendly motor vehicles and the construction of infrastructure relating to the research and development thereof; |
| 4. | Matters concerning the construction of infrastructure necessary to distribute the power sources of motor vehicles, such as hydrogen-fuel supply facilities; |
| 5. | Other matters necessary for the development and distribution of environment-friendly motor vehicles. |
| (3) | Master plans shall be finalized after deliberation by the State Council: Provided, That where insignificant matters prescribed by Presidential Decree are to be revised, such as a partial revision of direction set for projects to develop detailed technologies related to environment-friendly motor vehicles, no deliberation on such modification by the State Council is required. |
| (4) | The head of a relevant central administrative agency may, where deemed necessary, request the Minister of Trade, Industry and Energy to revise the master plans. In such cases, the Minister of Trade, Industry and Energy shall hear the opinions of the heads of other relevant central administrative agencies and the relevant Mayor/Do Governor if he/she intends to revise them. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | Paragraph (3) shall apply mutatis mutandis to any revision of master plans under paragraph (4). |
[This Article Wholly Amended by Act No. 10718, May 24, 2011]
| Article 4 (Implementation Plans for Development of Environment-Friendly Motor Vehicles) |
| (1) | In order to implement the master plans, the Minister of Trade, Industry and Energy shall establish and promote an implementation plan for the development of environment-friendly motor vehicles (hereinafter referred to as "implementation plan for development") each year upon hearing the opinions of the heads of relevant central administrative agencies, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Implementation plans for development shall include the following: |
| 1. | Priority field of technology development; |
| 2. | Main goals of promotion in each field of technology development; |
| 3. | Schedule and methods of promotion of technology development; |
| 4. | Matters concerning construction of infrastructure necessary for the efficient promotion of technology development projects; |
| 5. | Other matters necessary for technology development. |
[This Article Wholly Amended by Act No. 10718, May 24, 2011]
| Article 5 (Implementation Plans for Distribution of Environment-Friendly Motor Vehicles) |
| (1) | In order to implement the master plans, the Minister of Environment shall establish and promote an implementation plan for the distribution of environment-friendly motor vehicles (hereinafter referred to as "implementation plan for distribution") each year upon hearing the opinions of the heads of relevant central administrative agencies and of the relevant Mayor/Do Governor, as prescribed by Presidential Decree. In such cases, the Minister of Environment shall consult with the Minister of Trade, Industry and Energy on the distribution of environment-friendly motor vehicles. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Implementation plans for distribution shall include the following: |
| 1. | Target areas in which environment-friendly motor vehicles are to be distributed; |
| 2. | Models of environment-friendly motor vehicles and quantity to be supplied of each model; |
| 3. | Matters concerning construction of infrastructure, such as hydrogen-fuel supply facilities; |
| 4. | Matters concerning funding plans and financial assistance standards; |
| 5. | Matters necessary for the distribution of environment-friendly motor vehicles. |
| (3) | Each Mayor/Do Governor shall establish and implement a policy to accelerate the distribution of environment-friendly motor vehicles in accordance with master plans and implementation plans for distribution. |
[This Article Wholly Amended by Act No. 10718, May 24, 2011]
| Article 6 (Technology Development Support Policies) |
| (1) | In order to accelerate technology development related to environment-friendly motor vehicles, the State may establish and promote support policies for the following matters: |
| 1. | Collecting and providing information on development of environment-friendly motor vehicle technology at home and abroad; |
| 2. | Research and development and other activities concerning core environment-friendly motor vehicle technologies. |
| (2) | The Minister of Trade, Industry and Energy may require any of the following entities to conduct research and development projects on environment-friendly motor vehicles in order to promote technology development pursuant to paragraph (1): <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14079, Mar. 22, 2016> |
| 1. | National or public research institutes; |
| 2. | Research institutes established under Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes; |
| 8. | Agencies, organizations or business entities relating to environment-friendly motor vehicles, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10718, May 24, 2011]
| Article 7 (Promotion of Projects to Form Foundation for Technology) |
In order to efficiently promote the technology development related to environment-friendly motor vehicles pursuant to Article 6 (1), the State may promote the following projects to form a foundation for technology: | 1. | Projects for forming a foundation for technology; |
| 2. | Projects for international technological cooperation; |
| 3. | Projects for nurturing industrial technical human resources; |
| 4. | Other projects prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10718, May 24, 2011]
| Article 8 (Support for Fuel Producers) |
| (1) | The State or local governments may provide those who produce, supply, or sell hydrogen which is the fuel for hydrogen electric vehicles, or those who intend to install and operate a hydrogen-fuel supply facility (hereafter in this Article referred to as “hydrogen fuel producers, etc.”) with the following: <Amended by Act No. 15509, Mar. 20, 2018; Act No. 16133, Dec. 31, 2018> |
| 1. | Fund needed to produce, supply, or sell hydrogen fuel, or to install and operate a hydrogen-fuel supply facility; |
| 2. | Research and survey to improve the operational performance of hydrogen-fuel supply facilities; |
| 3. | Support to facilitate the installation of hydrogen-fuel supply facilities in the private sector; |
| 4. | Other matters relating to support for hydrogen fuel producers, etc., as prescribed by Presidential Decree. |
| (2) | Matters necessary for the standards, method, etc. of providing funds, etc. pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10718, May 24, 2011]
| Article 9 Deleted. <by Act No. 9686, May 21, 2009> |
| Article 10 (Support for Purchasers or Owners of Environment-Friendly Motor Vehicles) |
The State or local governments may provide the purchasers or owners of environment-friendly motor vehicles with necessary support.
[This Article Wholly Amended by Act No. 10718, May 24, 2011]
| Article 10-2 (Obligation of Public Institutions to Purchase Environment-Friendly Motor Vehicles) |
| (1) | When buying or leasing a vehicle for business use, the head of a public institution under the Act on the Management of Public Institutions and the head of a local public enterprise under the Local Public Enterprises Act shall make sure that environment-friendly motor vehicles account for at least a certain proportion of all vehicles purchased or leased, as prescribed by Presidential Decree. |
| (2) | The Minister of Trade, Industry and Energy may make public a list of public institutions and local public enterprises that have failed to fulfill their obligations of purchase prescribed in paragraph (1). |
[This Article Newly Inserted by Act No. 13871, Jan. 27, 2016]
| Article 11 (Support for Operation of Environment-Friendly Motor Vehicles) |
| (1) | Mayors/Do Governors may require each owner of an environment-friendly motor vehicle to place an eco-friendly motor vehicle mark outside his/her vehicle to make the mark easily noticeable. |
| (2) | The State and local governments shall prepare necessary support measures for motor vehicles bearing the mark referred to in paragraph (1). |
| (3) | Matters necessary for the specification, etc. of the mark referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 10718, May 24, 2011]
| Article 11-2 (Charging Facilities for Environment-Friendly Motor Vehicles) |
| (1) | The owner or manager of any of the following facilities prescribed by the relevant statutes and regulations and Presidential Decree shall install charging facilities for environment-friendly motor vehicles at the relevant facilities, as prescribed by Presidential Decree: |
| 1. | Public buildings and public-use facilities; |
| 3. | Parking areas established by the Special Metropolitan City Mayor or a Metropolitan City Mayor, a Do Governor or a Special Self-Governing Province Governor, a Special Self-Governing City Mayor, or the head of a Si/Gun/Gu; |
| 4. | Other buildings and facilities that need to have a charging facility installed to encourage the wide use of environment-friendly motor vehicles, and any other facilities incidental thereto. |
| (2) | The types and numbers of charging facilities required to be installed at each facility shall be determined by Presidential Decree, in consideration of the size and purpose of use of the relevant facility. |
| (3) | The State and local governments may devise necessary measures, such as financial and technical assistance, in order to reduce the private sector’s burden of installing charging facilities and to facilitate installation thereof. |
| (4) | No vehicle may be parked within a charging area at a charging facility for environment-friendly motor vehicles under paragraph (1), except as follows: <Newly Inserted by Act No. 15509, Mar. 20, 2018> |
| 2. | Hybrid vehicles capable of running on electric energy charged from an external power source. |
| (5) | No person may engage in activities that interfere with charging, such as stacking objects within, or obstructing access to, charging facilities or other areas used to charge environment-friendly motor vehicles. In such cases, the standards for activities that interfere with charging shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 15509, Mar. 20, 2018> |
| (6) | Each Mayor/Do Governor may have public officials under his/her control, such as those engaging in the fields of traffic, environment, or energy, regulate vehicles parked within charging areas at charging facilities for environment-friendly motor vehicles in breach of paragraph (4). <Newly Inserted by Act No. 15509, Mar. 20, 2018> |
[This Article Newly Inserted by Act No. 13871, Jan. 27, 2016]
| Article 11-3 (Lease of State-Owned or Co-Owned Property) |
| (1) | Notwithstanding the State Property Act or the Public Property and Commodity Management Act, the State or a local government may use a negotiated contract to grant a lease or permission for use (hereinafter referred to as “lease”) to a person who is engaged in the distribution and spread of charging facilities for environment-friendly vehicles, if deemed necessary for purposes of distributing and spreading such facilities. |
| (2) | Where the State or a local government leases state-owned or co-owned property under paragraph (1), it may allow construction of a permanent facility subject to voluntary removal or deposit of removal cost, notwithstanding the State Property Act or the Public Property and Commodity Management Act: Provided, That the construction of a permanent facility on co-owned property shall occur only upon approval by the relevant local council in accordance with procedures prescribed by ordinance of the relevant local government. |
| (3) | A lease of state-owned or co-owned property under paragraph (1) shall be for a term not exceeding 10 years; and a lease of state-owned property may be renewed for a period not exceeding the previous lease term, and a lease of co-owned property may be renewed for a period not longer than 10 years only once, if deemed necessary by the head of a local government. |
| (4) | Where the State leases state-owned property under paragraph (1), it may reduce the rent by up to 50 percent, as prescribed by Presidential Decree, notwithstanding the State Property Act. |
| (5) | Where a local government leases co-owned property under paragraph (1), it may reduce the rent by up to 50 percent, as prescribed by ordinance of the local government, notwithstanding the Public Property and Commodity Management Act. |
[This Article Newly Inserted by Act No. 16133, Dec. 31, 2018]
| Article 12 (Publicity of Environment-Friendly Motor Vehicles) |
The State or local governments may request organizations, etc. relating to motor vehicles to perform publicity activities necessary for expanding the distribution of environment-friendly motor vehicles.
[This Article Wholly Amended by Act No. 10718, May 24, 2011]
| Article 13 (Funding Resources) |
Funds necessary to provide support prescribed in Articles 6 through 8, 10, 11 (2), and 11-2 (3) may be provided from the following financial resources: <Amended by Act No. 10893, Jul. 21, 2011; Act No. 12154, Jan. 1, 2014; Act No. 13871, Jan. 27, 2016; Act No. 16172, Dec. 31, 2018> [This Article Wholly Amended by Act No. 10718, May 24, 2011]
| Article 14 (Requests for Provision of Data) |
| (1) | Where deemed necessary to establish a master plan and an implementation plan for development, the Minister of Trade, Industry and Energy may request a relevant administrative agency and an agency or organization related to environment-friendly motor vehicles to provide necessary data or to present its opinions, etc. In such cases, upon receipt of such request, a relevant administrative agency and an agency or organization related to environment-friendly motor vehicles shall comply with such request, except in extenuating circumstances. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Where deemed necessary to establish an implementation plan for distribution, the Minister of Environment may request Mayors/Do Governors to provide data on the outcomes, etc. of promotion of distribution of environment-friendly motor vehicles. In such cases, the Mayors/Do Governors shall comply with such request, except in extenuating circumstances. |
[This Article Wholly Amended by Act No. 10718, May 24, 2011]
| Article 15 (Entrustment of Administrative Affairs) |
The State or local governments may entrust the following administrative affairs to a relevant specialized agency: <Amended by Act No. 15509, Mar. 20, 2018>
| 1. | Administrative affairs, such as assessment and management of projects necessary for promoting the projects prescribed in Articles 6 and 7; |
| 2. | Administrative affairs necessary for support prescribed in Articles 8, 10, and 11 (2); |
| 3. | Some of other administrative affairs prescribed by this Act, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10718, May 24, 2011]
| Article 16 (Administrative Fines) |
| (1) | Any person who engages in activities that interfere with charging, in violation of Article 11-2 (5) shall be subject to an administrative fine not exceeding one million won. |
| (2) | Any person who parks his/her vehicle within a charging area at a charging facility for environment-friendly motor vehicles, in violation of Article 11-2 (4) shall be subject to an administrative fine not exceeding 200,000 won. |
| (3) | Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the competent Mayor/Do Governor; and the types of violations subject to administrative fines, the amounts of such fines depending upon the severity of violations, and the like shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 15509, Mar. 20, 2018]
ADDENDUM
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 7949, Apr. 28, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8404, Apr. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9685, May 21, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDUM <Act No. 9686, May 21, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10445, Mar. 9, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 10718, May 24, 2011>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provision of Article 6 (2) 7 shall enter into force on June 10, 2011.
ADDENDA <Act No. 10893, Jul. 21, 2011>
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. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12154, Jan. 1, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Act No. 13871, Jan. 27, 2016>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 14079, Mar. 22, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 14315, Dec. 2, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 15509, Mar. 20, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 16133, Dec. 31, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 Omitted.
Article 3 (Relationship to Other Statutes or Regulations)
Where any other statute or regulation cites a fuel cell vehicle as at the time this Act enters into force, it shall be deemed a citation of a hydrogen electric vehicle under this Act.
ADDENDA <Act No. 16172, Dec. 31, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.