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ENFORCEMENT DECREE OF THE ACT ON LIABILITY FOR ENVIRONMENTAL DAMAGE AND RELIEF THEREOF

Presidential Decree No. 26806, Dec. 30, 2015

Amended by Presidential Decree No. 27737, Dec. 30, 2016

Presidential Decree No. 27810, Jan. 26, 2017

Presidential Decree No. 28583, Jan. 16, 2018

Presidential Decree No. 28966, jun. 12, 2018

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the Act on Liability for Environmental Damage and Relief Thereof and those necessary for the enforcement thereof.
 Article 2 (Causes of Environmental Damage)
“Causes prescribed by Presidential Decree” in the main sentence of subparagraph 1 of Article 2 of the Act on Liability for Environmental Damage and Relief Thereof (hereinafter referred to as the “Act”) means ground subsidence, one of the causes of which is vibration (excluding ground subsidence mainly caused by the mining of minerals).
 Article 3 (Scope of Marine Facilities)
“Facilities prescribed by Presidential Decree” in subparagraph 10 of Article 3 of the Act are as specified in attached Table 1.
CHAPTER II COMPENSATION FOR ENVIRONMENTAL DAMAGE
 Article 4 (Liability Cap for Compensation)
Liability caps of business owners for compensation for environmental damage prescribed in the main sentence of Article 7 of the Act, with the exception of its subparagraphs, are as specified in attached Table 2.
 Article 5 (Statutes and Regulations Governing Environment and Safety)
“Statutes and regulations governing the environment and safety ... related to the causes of occurrence of the environmental damage prescribed by Presidential Decree” in Article 9 (3) of the Act means the following Statutes and Regulations: <Amended by Presidential Decree No. 27810, Jan. 26, 2017; Presidential Decree No. 28583, Jan. 16, 2018; Presidential Decree No. 28966, Jun. 12, 2018>
7. The Chemical Substances Control Act;
 Article 6 (Committee on Policies for Relief from Environmental Damage)
(1) The chairperson of the Committee on Policies for Relief from Environmental Damage established under Article 16 (1) of the Act (hereinafter referred to as the "Committee") shall represent the Committee and have general supervision and control of its affairs.
(2) Where the chairperson is unable to perform his or her duties due to any unavoidable ground, the vice chairperson shall act on behalf of the chairperson.
(3) The chairperson shall call a meeting of the Committee if deemed necessary or at the request of at least 1/3 of the members of the Committee, and shall preside over the meeting.
(4) A majority of the members of the Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present.
(5) The Committee may hear the opinions of a related agency, organization, public official, expert, victim, business owner, etc., or may request a related agency, etc. to submit necessary materials, if necessary for deliberation and decision-making.
(6) The Committee may investigate circumstances, etc. that affected environmental damage if necessary for deliberation and decision-making. In such cases, the Committee may conduct an investigation jointly with a related agency, expert, etc., or may require a related agency, expert, etc. to conduct an investigation.
(7) If any dispute arises in relation to compensation for environmental damage, the victim of the environmental damage or a business owner may apply to the Committee for deliberation on the matters provided for in Article 16 (1) 5 of the Act, as prescribed by Ordinance of the Ministry of Environment.
(8) The Minister of Environment may remove or dismiss a member in any of the following cases:
1. Where the member becomes unable to perform his or her duties due to mental or physical disabilities;
2. Where the member has engaged in misconduct in relation to his or her duties;
3. Where the member is deemed unfit for a member due to neglect of a duty, loss of dignity, or any other ground;
4. Where the member fails to refrain himself or herself despite falling under any subparagraph of Article 31 (1) of the Act, which is applicable mutatis mutandis under Article 16 (6) of the Act.
(9) Members, etc. who attend meetings of the Committee may be paid allowances and travel expenses within the budgetary limits: Provided, That the foregoing shall not apply where any public official who is a member of the Committee attends a meeting of the Committee in direct connection with hir or her duties.
(10) Except as provided in paragraphs (1) through (9), matters necessary for the composition and operation of the Committee shall be determined by the chairperson following resolution by the Committee.
CHAPTER III SUBSCRIPTION TO INSURANCE TO COMPENSATE FOR ENVIRONMENTAL DAMAGE
 Article 7 (Facilities Subject to Compulsory Subscription to Environmental Liability Insurance)
(1) “Facility ... prescribed by Presidential Decree” in Article 17 (1) 4 of the Act and paragraph (3) 1 of the same Article respectively means each of the facilities specified in subparagraph 1 of attached Table 3. <Amended by Presidential Decree No. 28966, Jun. 12, 2018>
(2) “Facility ... prescribed by Presidential Decree” in Article 17 (1) 5 of the Act and paragraph (3) 2 of the same Article respectively means each of the facilities specified in subparagraph 2 of attached Table 3. <Amended by Presidential Decree No. 28966, Jun. 12, 2018>
(3) “Facilities ... prescribed by Presidential Decree” in Article 17 (1) 7 of the Act means each of the facilities specified in subparagraph 3 of attached Table 3.
 Article 8 (Scope of Coverage by Environmental Liability Insurance or Indemnity Contract)
(1) A business owner who is required to subscribe to environmental liability insurance or to conclude an indemnity contract in accordance with Article 17 (1) or (2) of the Act shall do so for each place of business where a facility specified in each subparagraph of Article 17 (1) of the Act is established.
(2) Amounts of coverage by the environmental liability insurance or indemnity contract subscribed to or concluded under Article 17 (1) or (2) of the Act shall be as specified in attached Table 4.
(3) The amounts of coverage referred to in paragraph (2) shall be deemed to include damages, cleanup costs, costs for emergency measures, litigation costs, consolation money, etc.
(4) The scope of coverage by the environmental liability insurance or indemnity contract subscribed to or concluded under Article 17 (1) or (2) of the Act shall include all environmental damage caused by the facilities established in a place of business (excluding environmental damage caused by soil contamination): Provided, That where any facility specified in subparagraph 1 of attached Table 3 is established and operated in a place of business, the scope of coverage shall also include environmental damage caused by soil contamination.
(5) If a business owner intends to obtain authorization or permission (or to register or file a report; hereafter the same shall apply in this Article) to make any change in relation to a facility included in the scope of coverage provided for in paragraph (4), he or she shall modify the insurance liability insurance or indemnity contract concluded under paragraph (1) in compliance with the terms and conditions of such authorization or permission for change: Provided, That the business owner shall comply with the terms and conditions of the insurance liability insurance or indemnity contract, where he or she extends, repairs, or alters the facility.
 Article 9 (Grounds for Refusal to Conclude Environmental Liability Insurance Contracts)
“Grounds prescribed by Presidential Decree, such as suspension of operation” in Article 18 (3) of the Act means any of the following circumstances:
1. Where a business owner who has received an order to suspend the operation or use of his or her facility for at least three months pursuant to the statutes and regulations related to the environment and safety referred to in the subparagraphs of Article 5 (hereinafter referred to as “statutes and regulations related to the environment and safety”) is under such suspension period;
2. Where a business owner who has received an order of closure pursuant to any of the statutes and regulations related to the environment and safety;
3. Where a business owner fails to notify, or falsely notifies, any material fact in relation to the risk of occurrence of an environmental pollution accident as at the time he or she concludes an environmental liability insurance contract;
4. Where the soil contamination level provided for in Article 4-2 of the Soil Environment Conservation Act is exceeded, or a soil contamination cleanup or improvement project provided for in Article 10-4 of the same Act is not completed;
5. Other cases where the Minister of Environment deems that an insurer has a probable ground to refuse the conclusion of an environmental liability insurance contract.
 Article 10 (Grounds for Conclusion of Joint Contracts)
“Where a business owner is highly likely to cause environmental damage or in circumstances prescribed by Presidential Decree” in the former part of Article 18 (4) of the Act means any of the following cases: <Amended by Presidential Decree No. 27737, Dec. 30, 2016>
1. Where any environmental damage has occurred in a place of business for the most recent three years;
2. Where a business owner has emitted a pollutant in excess of the permissible discharge standards or permissible emission standards of the pollutant under the statutes and regulations related to the environment and safety, or otherwise there is a high probability that the business owner will cause environmental damage;
3. Where the premium rates calculation agency established under Article 176 of the Insurance Business Act determines that it is substantially impracticable for an insurer to guarantee its liability for compensation in accordance with the standards for calculation of insurance premium rates and liability reserves prescribed in the same Act.
 Article 11 (Period for Advance Payments)
“Period prescribed by Presidential Decree” in Article 20 (2) of the Act means 30 days: Provided, That if it is necessary to request a specialized institution, such as a general hospital provided for in Article 3-3 of the Medical Service Act, to investigate environmental damage because an epidemiological investigation or medical opinion is required, the period for investigation shall be excluded from such 30-day period.
 Article 12 (Re-Insurance Business)
(1) The Minister of Environment may operate part of re-insurance by concluding an agreement on the re-insurance with an insurance company that holds a license to engage in re-insurance business referred to in Article 4 (1) 2 (e) of the Insurance Business Act pursuant to Article 22 (1) of the Act.
(2) An agreement on re-insurance concluded under Article 22 (2) of the Act shall include each of the following:
1. Matters regarding re-insurance premiums and fees;
2. Matters regarding the period of the agreement on re-insurance;
3. Matters regarding the scope of liability of re-insurance;
4. Matters regarding the modification, termination, etc. of the agreement on re-insurance;
5. Matters regarding the payment of re-insurance proceeds and disputes;
6. Other matters regarding the operation and management of the re-insurance.
(3) In accordance with Article 22 (4) of the Act, the Minister of Environment shall entrust an operating institution with the duties vested in him or her in relation to the operation of re-insurance business and the conclusion of agreements prescribed in paragraphs (1) and (2) of the same Article. <Newly Inserted by Presidential Decree No. 28966, Jun. 12, 2018>
CHAPTER IV RELIEF FROM ENVIRONMENTAL DAMAGE
 Article 13 (Kinds of Relief Money)
The kinds of relief money provided for in Article 23 (1) of the Act shall be as follows:
1. Medical expenses;
2. Medical care and living allowances;
3. Funeral expenses;
4. Compensation for the bereaved family;
5. Compensation for property damage.
 Article 14 (Medical Expenses)
(1) In accordance with Article 23 of the Act, the Minister of Environment may pay a victim who receives treatment for any injury or disease caused by environmental damage at any health care institution listed in the subparagraphs of Article 42 (1) of the National Health Insurance Act (hereafter in this Article referred to as “health care institution”) any of the following amounts out of the expenses incurred in receiving the treatment as medical expenses:
1. A co-payment made by a victim prescribed in Article 44 of the National Health Insurance Act out of the health care benefits specified in Article 41 of the same Act: Provided, That the co-payment shall not exceed the ceiling specified in Article 19 (2) and attached Table 3 of the Enforcement Decree of the National Health Insurance Act;
2. A co-payment made by a victim prescribed in Article 10 of the Medical Care Assistance Act out of medical benefits specified in Article 7 of the same Act.
(2) Notwithstanding paragraph (1), where a victim receives medical treatment, medication, or other similar services from any person other than health care institutions for urgent or unavoidable grounds, the Minister of Environment may pay the victim an amount borne by him or her as medical expenses which shall not exceed the equivalent of the medical expenses prescribed in paragraph (1).
 Article 15 (Medical Care and Living Allowances)
(1) In accordance with Article 23 of the Act, the Minister of Environment may pay the victim expenses incurred in receiving medical treatment and care and making a living due to environmental damage as a medical care and living allowance in addition to the medical expenses prescribed in Article 14.
(2) Standards for the payment of medical care and living allowances prescribed in paragraph (1) shall be as specified in attached Table 5.
(3) A medical care and living allowance shall be paid on a monthly basis, and the period of payment shall be from the month following the month in which the date of applying for payment of relief money for environmental damage falls to the month in which the date the grounds for paying the medical care and living allowance cease to exist falls.
 Article 16 (Funeral Expenses)
(1) Where a victim dies due to environmental damage, the Minister of Environment may pay funeral expenses to the victim’s bereaved family member who holds a funeral for the victim, in accordance with Article 23 of the Act.
(2) The funeral expenses prescribed in paragraph (1) shall be an amount equivalent to 897/1,000 of the standard median income defined in subparagraph 11 of Article 2 of the National Basic Living Security Act (referring to the standard median income of a two-person household as at the time an application for payment is filed).
 Article 17 (Compensation for Bereaved Family)
(1) Where a victim who was notified of a decision on the payment of relief money prescribed in Article 25 (4) of the Act dies mainly due to the recognized cause and there is any bereaved family member who lives together with the victim as at the time of his or her death, the Minister of Environment may pay compensation for the bereaved family to such bereaved family member in accordance with Article 23 of the Act.
(2) The standards for the payment of compensation for the bereaved family prescribed in paragraph (1) shall be as specified in attached Table 6.
 Article 18 (Compensation for Property Damage)
(1) The Minister of Environment may pay compensation for property damage to a victim to cover part of the property damage out of environmental damage in accordance with Article 23 of the Act: Provided, That where a victim dies, such compensation for property damage may be paid to the victim’s bereaved family member.
(2) The maximum amount of compensation for property damage payable to each household or corporation prescribed in paragraph (1) shall be 50 million won.
 Article 19 (Composition of Environmental Damage Relief Council)
(1) An environmental damage relief council established under Article 24 (1) of the Act (hereinafter referred to as "council") shall be composed of 15 or less members, including one chairperson.
(2) The chairperson of the council shall be elected among and by its members. <Amended by Presidential Decree No. 28966, Jun. 12, 2018>
(3) Members of the council shall be appointed by the Minister of Environment from among the following persons in consideration of gender balance: <Amended by Presidential Decree No. 28966, Jun. 12, 2018>
1. A person who has practiced for at least three years after obtaining a lawyer's license;
2. A person who is working or worked for any school referred to in the subparagraphs of Article 2 of the Higher Education Act as an assistance professor or higher faculty member;
3. A person who has practiced for at least five years after obtaining a medical specialist's license prescribed in Article 77 of the Medical Service Act;
4. A person who has practiced for at least five years after obtaining a claims adjuster's license prescribed in Article 186 of the Insurance Business Act;
5. A person who has worked for at least ten years in the environmental industry;
6. A person who has abundant knowledge and experience about environmental damage relief and non-life insurance.
(4) Each member of the council shall hold office for a term of two years and may be appointed consecutively for only one further term.
 Article 20 (Operation of Council)
(1) The chairperson shall convene a meeting of the council, when deemed necessary by the chairperson or at the request of at least 1/3 of the members of the council, and he or she shall preside over the meeting.
(2) A majority of the members of the council shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present.
(3) The chairperson of the council shall keep a record of all council proceedings, such as agenda items for and outcomes of deliberation. <Amended by Presidential Decree No. 28966, Jun. 12, 2018>
(4) The council shall have one administrative secretary to manage its business affairs, and the administrative secretary shall be nominated by the chairperson of the council from among the employees of an operating institution on the recommendation of the head of the operating institution. <Amended by Presidential Decree No. 28966, Jun. 12, 2018>
(5) Members who attend meetings of the council may be paid allowances and travel expenses within the budgetary limits.
(6) Article 6 (8) shall apply mutatis mutandis to dismissal of members of the council, and Article 31 of the Act shall apply mutatis mutandis to disqualification of, challenge to, or refrainment by, members.
(7) Except as otherwise provided in paragraphs (1) through (6), matters necessary for the composition and operation of the council shall be determined by the chairperson of the council following resolution by the council. <Amended by Presidential Decree No. 28966, Jun. 12, 2018>
 Article 21 (Composition and Operation of Environmental Damage Inspection Team)
(1) The Minister of Environment shall establish an environmental damage inspection team (hereinafter referred to as “inspection team") in accordance with Article 24 (2) of the Act. <Amended by Presidential Decree No. 28966, Jun. 12, 2018>
(2) An inspection team shall be composed of not more than 20 members, including one team leader. <Newly Inserted by Presidential Decree No. 28966, Jun. 12, 2018>
(3) Members of the inspection team shall be appointed by the Minister of Environment from among the following persons, and the team leader shall be appointed by the Minister of Environment from among team members: <Newly Inserted by Presidential Decree No. 28966, Jun. 12, 2018>
1. Executive officers and employees of an operating institution;
2. Any person listed in the subparagraphs of Article 19 (3).
(4) The Minister of Environment may appoint a part-time inspector where any medical opinion, epidemiological investigation, or any other professional judgment is required. <Amended by Presidential Decree No. 28966, Jun. 12, 2018>
(5) A part-time inspector prescribed in paragraph (4) shall hold office for a term of two years, and Article 19 (3) shall apply mutatis mutandis to the standards for appointment of inspectors. <Amended by Presidential Decree No. 28966, Jun. 12, 2018>
(6) A part-time inspector may be paid allowances and travel expenses within the budgetary limits where he or she provides advice or conducts an inspection.
 Article 22 (Restrictions on Payment of Relief Money)
(1) Where the Minister of Environment intends to suspend relief money prescribed in Article 26 (1) of the Act, he or she shall in advance issue a person entitled to relief money with a written demand requiring such person to eliminate any ground for suspending relief money for a specified period of up to 15 days. <Amended by Presidential Decree No. 28966, Jun. 12, 2018>
(2) Where a person entitled to relief money fails to take a corrective measures as demanded within the period prescribed in paragraph (1), the Minister of Environment may suspend all or part of the relief money from the day following the date of expiration of the period prescribed in paragraph (1) to the day before the date of finishing correction. <Amended by Presidential Decree No. 28966, Jun. 12, 2018>
 Article 23 (Composition and Operation of Relief Money Review Committee)
(1) Members of a relief money review committee established under Article 29 of the Act (hereinafter referred to as “review committee”) shall be appointed by the Minister of Environment from among the following persons in consideration of gender balance: <Amended by Presidential Decree No. 28966, Jun. 12, 2018>
1. A person who has practiced for at least five years after obtaining a lawyer's license;
2. A person who is working or worked for any school referred to in the subparagraphs of Article 2 of the Higher Education Act as an assistance professor or higher faculty member;
3. A person who has practiced for at least seven years after obtaining a medical specialist's license prescribed in Article 77 of the Medical Service Act;
4. A person who has practiced for at least seven years after obtaining a claims adjuster's license prescribed in Article 186 of the Insurance Business Act;
5. A person who has worked for at least ten years in the environmental industry;
6. A person who has abundant knowledge and experience about environmental damage relief and non-life insurance.
(2) The chairperson of the review committee shall be elected among and by its members. <Amended by Presidential Decree No. 28966, Jun. 12, 2018>
(3) The chairperson shall convene and preside over the meetings of the review committee.
(4) A majority of the members of the review committee shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present.
(5) Where the review committee deliberates and decides on a request for examination in accordance with Article 30 (1) of the Act, the chairperson of the review committee shall keep a record of all committee proceedings, such as agenda items for and outcomes of deliberation. <Amended by Presidential Decree No. 28966, Jun. 12, 2018>
(6) The review committee shall have one administrative secretary to manage its business affairs, and the administrative secretary shall be nominated by the chairperson of the review committee from among the employees of an operating institution on the recommendation of the head of the operating institution. <Newly Inserted by Presidential Decree No. 28966, Jun. 12, 2018>
(7) Article 6 (8) shall apply mutatis mutandis to dismissal of the members of the review committee. <Amended by Presidential Decree No. 28966, Jun. 12, 2018>
(8) Members who attend meetings of the review committee may be paid allowances and travel expenses within the budgetary limits. <Amended by Presidential Decree No. 28966, Jun. 12, 2018>
(9) Except as otherwise provided in paragraphs (1) through (8), matters necessary for the operation of the review committee shall be determined by the chairperson of the review committee following deliberation and resolution by the review committee. <Amended by Presidential Decree No. 28966, Jun. 12, 2018>
 Article 24 (Management and Operation of Relief Account)
(1) An operating institution may manage and operate the surplus fund in the relief account as follows, in accordance with Article 37 (3) of the Act:
1. Making a deposit or placing in a money trust with a financial institution or postal service agency;
2. Purchasing securities which are directly issued, or the redemption of which is guaranteed, by the State, a local government or a financial institution;
4. Acquiring and disposing of real estate for business purposes to increase the fund in the relief account.
(2) The operating institution shall keep the relief account in accordance with the business accounting principles.
CHAPTER V SUPPLEMENTARY PROVISIONS
 Article 25 (Building and Operation of Computer Systems)
(1) The Minister of Environment may perform the following activities to build and operate the computer system and the computer network for environmental liability insurance in accordance with Article 38 (1) and (2) of the Act:
1. Building, operating, compiling, and managing statistical data on information about environmental liability insurance;
2. Evaluating the status of environmental safety control for subject matters of environmental liability insurance;
3. Installing and managing computers, communications equipment, etc. to operate the computer system and the computer network for environmental liability insurance;
4. Other activities necessary for building and operating the computer system and the computer network for environmental liability insurance.
(2) Data or information that the Minister of Environment may request from agencies for authorization or permission (including registration, report, and modification; hereafter the same shall apply in this Article), insurers, relevant organizations, etc. prescribed in Article 38 (3) of the Act in order to build and operate the computer system and the computer network for environmental liability insurance shall be as follows:
1. Data on authorization and permission for, and dispositions against, facilities prescribed in Article 3 of the Act;
2. Data on contracts for environmental liability insurance, contract modification and termination, advance payment of insurance proceeds, and insurance proceeds;
3. Data on indemnity contracts, contract modification and termination, and indemnity payments;
4. Other data or information the Minister of Environment may deem necessary for building and operating the computer system and the computer network for environmental liability insurance.
 Article 26 (Scope of Data Available for Use)
“Data prescribed by Presidential Decree” in Article 38 (4) 3 of the Act means the names of business or places of business, locations, business registration numbers (including corporation registration numbers in cases of corporations) and numbers of regular workforce, from among data on employment insurance policy holders prescribed in the Employment Insurance Act.
 Article 27 (Standards for Subsidization)
(1) A business owner eligible for partial financial support for premiums prescribed in Article 41 (1) of the Act shall meet the following requirements:
1. The business owner has not caused environmental damage for the recent three years;
2. The business owner has not been subject to any administrative disposition or criminal penalty for violating any statute and regulation related to the environment and safety for the recent three years;
3. The business owner shall have fulfilled its responsibilities prescribed in Article 4 (3) of the Act;
4. The business owner’s annual premium shall exceed his or her annual operating profit at a specified rate.
(2) The period for which a business owner can receive financial support prescribed in Article 41 (1) of the Act shall not exceed five years from the year in which the business owner first receives financial support.
(3) Detailed standards, such as the rate of financial support for premiums, the maximum amount of financial support per business owner, and methods of payment, prescribed in Article 41 (1) of the Act shall be prescribed by the Minister of Environment, taking into account the budget, etc.
 Article 28 (Scope of Socially Disadvantaged Class)
“Socially disadvantaged class prescribed by Presidential Decree, such as low-income earners, senior citizens, the weak, and persons with disabilities” in Article 42 (1) of the Act means any of the following persons:
1. A person, the average monthly income of whose household does not exceed 60/100 of the average monthly income of all households;
2. A person who is at least 65 years old;
4. A youth defined in subparagraph 1 of Article 2 of the Special Act on the Promotion of Youth Employment who is a recipient of an employment promotion subsidy prescribed in the subparagraphs of Article 26 (1) of the Enforcement Decree of the Employment Insurance Act;
5. A career-interrupted woman defined in subparagraph 1 of Article 2 of the Act on Promotion of Economic Activities of Career-Interrupted Women who is a recipient of an employment promotion subsidy prescribed in the subparagraphs of Article 26 (1) of the Enforcement Decree of the Employment Insurance Act;
6. A resident escaping from North Korea defined in subparagraph 1 of Article 2 of the North Korean Refugees Protection and Settlement Support Act;
7. A person entitled to veterans benefits defined in subparagraph 2 of Article 3 of the Framework Act on Veterans Affairs;
8. Other persons recognized by the Minister of Environment as requiring assistance in litigation.
 Article 29 (Standards for Administrative Dispositions)
The standards for administrative dispositions provided for in Article 43 (1) shall be as specified in attached Table 7.
 Article 30 (Delegation of Authority)
(1) In accordance with Article 44 (1) of the Act, the Minister of Environment shall delegate the following authority over the facilities listed in subparagraphs 1 through 9 and 11 of Article 3 of the Act (excluding the facilities provided for in paragraph (2)) to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as “Mayor/Do Governor”): <Amended by Presidential Decree No. 28966, Jun. 12, 2018>
1. Orders to report, entry, inspection and inquires prescribed in Article 39 (2) of the Act;
2. An order of business suspension prescribed in Article 43 (1) of the Act;
3. Imposition and collection of administrative fines prescribed in Article 49 of the Act.
(2) In accordance with Article 44 (1) of the Act, the Minister of Environment shall delegate the authority provided for in the subparagraphs of paragraph (2) over specified wastes treatment facilities among the facilities described in subparagraph 3 of Article 3 of the Act and the facilities described in subparagraph 7 of the same Article to the head of a river basin environmental office or the head of a regional environmental office.
(3) In accordance with Article 44 (1) of the Act, the Minister of Environment shall delegate the authority provided for in the subparagraphs of paragraph (1) over the facilities described in subparagraph 10 of Article 3 of the Act to the head of a regional office of oceans and fisheries. <Newly Inserted by Presidential Decree No. 28966, Jun. 12, 2018>
 Article 31 (Supervision Following Delegation of Authority)
(1) Notwithstanding Article 30, the Minister of Environment may directly inspect or verify whether each of the facilities listed in the subparagraphs of Article 3 of the Act (excluding the facilities described in subparagraph 10 of Article 3 of the Act) violates any statute and regulation related to the environment and safety, or may require the head of a river basin environmental office or the head of a regional environmental office to inspect or verify the same, if deemed specifically necessary for managing insurance liability insurance.
(2) Where any place of business is found to violate any statute and regulation related to the environment and safety by an inspection or verification conducted under paragraph (1), the Minister of Environment, the head of a river basin environmental office or the head of a regional environmental office shall notify the relevant Mayor/Do Governor of the details of the violation and his or her view on taking actions.
(3) A Mayor/Do Governor notified under paragraph (2) shall take actions accordingly, and shall report or notify the results of the actions to the Minister of Environment, the head of a river basin environmental office or the head of a regional environmental office.
 Article 32 (Reporting)
A Mayor/Do Governor, the head of a river basin environmental office, the head of a regional environmental office, or the head of a regional office of oceans and fisheries shall file a report with the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment, where he or she performs the duties delegated under Article 44 (1) of the Act. <Amended by Presidential Decree No. 28966, Jun. 12, 2018>
 Article 33 (Entrustment of Duties)
(1) The Minister of Environment shall entrust the following duties to the head of the operating institution in accordance with Article 44 (2) of the Act: <Amended by Presidential Decree No. 28966, Jun. 12, 2018>
1. The duty to claim the reimbursement of relief money prescribed in Article 23 (4) of the Act;
2. The duty to compose and operate the council and the inspection team prescribed in Article 24 of the Act;
3. The duty to receive applications for relief money or advance payments thereof; to conduct preliminary inspections and main inspections; to decide whether relief money is to be paid, and the degree of damage; to give notice of such decisions; and to pay relief money prescribed in Article 25 of the Act;
4. The duty to suspend relief money prescribed in Article 26 of the Act;
5. The duty to receive requests for examination and to give notice of decisions thereon prescribed in Article 28 of the Act;
6. The duty to compose and operate the review committee prescribed in Article 29 of the Act;
7. The duty to deliberate and decide on requests for examination prescribed in Article 30 of the Act.
(2) The Minister of Environment shall entrust the duties to operate the computer system and the computer network for environmental liability insurance (excluding the duties provided for in Article 25 (1) 2) to any of the following institutions in accordance with Article 44 (3) of the Act: <Amended by Presidential Decree No. 28966, Jun. 12, 2018>
1. An environmental liability insurance business group established under Article 18 (2) of the Act;
2. A premium rates calculation agency established under Article 176 of the Insurance Business Act;
3. An insurance-related organization listed in Article 178 of the Insurance Business Act;
4. The Korea Environmental Industry and Technology Institute established under the Korea Environmental Industry and Technology Institute Act (hereinafter referred to as the “Korea Environmental Industry and Technology Institute”).
(3) The Minister of Environment shall entrust his or her duty to evaluate the status of environmental safety control prescribed in Article 38 (1) of the Act and Article 25 (1) 2 of this Decree to the Korea Environment Corporation established under the Korea Environment Corporation Act in accordance with Article 44 (3) of the Act. <Amended by Presidential Decree No. 28966, Jun. 12, 2018>
(4) The Minister of Environment shall delegate the following duties to the Korea Environmental Industry and Technology Institute in accordance with Article 44 (3) of the Act: <Newly Inserted by Presidential Decree No. 28966, Jun. 12, 2018>
1. The duty to conduct scientific surveys and research and to develop relevant technologies prescribed in Article 40 (1) of the Act;
2. The duty to educate and train experts prescribed in Article 40 (2) of the Act;
3. The duty to operate an attorney group supporting environmental damage litigation prescribed in Article 42 of the Act.
(5) The Minister of Environment shall delegate his or her duty to develop insurance products prescribed in Article 40 (3) of the Act to a premium rates calculation agency established under Article 176 of the Insurance Business Act in accordance with Article 44 (3) of the Act. <Newly Inserted by Presidential Decree No. 28966, Jun. 12, 2018>
(6) The Minister of Environment shall give public notice of the name of an institution or agency entrusted with the duties prescribed in paragraph (2) or (5), its representative, and details of the entrusted duties. <Newly Inserted by Presidential Decree No. 28966, Jun. 12, 2018>
(7) An institution or agency entrusted with duties prescribed in Article 12 (3) and paragraphs (1) through (5) of this Article shall submit its operational plan and a statement of necessary expenses for the following year to the Minister of Environment for approval by no later than November 30 each year. The foregoing shall also apply where the institution or agency intends to modify the approved operational plan and necessary expenses. <Amended by Presidential Decree No. 28966, Jun. 12, 2018>
(8) An institution or agency entrusted with duties prescribed in Article 12 (3) and paragraphs (1) through (5) of this Article shall submit a performance report and a statement of expenditure in the previous year to the Minister of Environment by no later than January 31 of each year. <Amended by Presidential Decree No. 28966, Jun. 12, 2018>
 Article 34 (Processing of Sensitive Information and Personally Identifiable Information)
The Minister of Environment and an operating institution may process health-related information referred to in Article 23 of the Personal Information Protection Act, a criminal history record referred to in subparagraph 2 of Article 18 of the Enforcement Decree of the same Act, or data (only applicable to the business affairs provided in subparagraphs 2 and 3) that contains a resident registration number, passport number, driver’s license number, or alien registration number referred to in Article 19 of the same Decree, if inevitable for performing the following business affairs:
1. Business affairs regarding deliberation by the committee on the matters provided for in Article 16 (1) 5 through 8 of the Act;
2. Business affairs regarding indemnity contracts concluded under Article 17 (2) of the Act;
3. Business affairs regarding applications for and payment of relief money prescribed in Articles 25 and 34 of the Act.
CHAPTER VI PENALTY PROVISIONS
 Article 35 (Standards for Imposition of Administrative Fines)
The standards for imposing administrative fines provided for in Article 49 (1) and (2) of the Act shall be as specified in attached Table 8.
ADDENDUM
This Decree shall enter into force on January 1, 2016: Provided, That Articles 7 and 8 and attached Tables 3 and 4 shall enter into force on July 1, 2016.
ADDENDA <Presidential Decree No. 27737, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 27810, Jan. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 28, 2017. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 28583, Jan. 16, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 18, 2018.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 28966, Jun. 12, 2018>
This Decree shall enter into force on June 13, 2018.