Presidential Decree No. 29514, Feb. 8, 2019
Amended by Presidential Decree No. 29657, Mar. 26, 2019
| Article 1 (Purpose) |
| Article 2 (Formulation of Comprehensive Plans for Fine Dust Management) |
| (1) | "Matters prescribed by Presidential Decree" in Article 7 (2) 8 of the Special Act on the Reduction and Management of Fine Dust (hereinafter referred to as the "Act") means the following: |
| 1. | Matters concerning international cooperation for the reduction and management of emission of fine dust and fine dust-generating substances (hereinafter referred to as "fine dust, etc."); |
| 2. | Matters concerning research and development of technologies for the reduction and management of emission of fine dust, etc. |
| (2) | "Modification of insignificant matters prescribed by Presidential Decree" in the latter part of Article 7 (3) of the Act means the following: |
| 1. | Modification within 30/100 of the finances of a comprehensive plan for the reduction and management of fine dust under Article 7 (1) of the Act (hereinafter referred to as "comprehensive plan"): |
| 2. | Where modification of a comprehensive plan is intended following an amendment to other statutes or regulations concerning the reduction and management of fine dust or the modification of a plan according to such statutes or regulations that does not influence the basic objective and promotional direction of the comprehensive plan; |
| 3. | Modification of matters that do not influence a comprehensive plan, such as miscalculation, misentry, omissions, or evident mistakes corresponding thereto. |
| Article 3 (Matters to Be Deliberated on by Special Policy Committee on Fine Dust) |
| 1. | Coordination of policies concerning the reduction and management of fine dust, etc. of relevant central administrative agencies and local governments, and support therefor; |
| 2. | Examination of the results of progress of comprehensive plans and evaluation thereof. |
| Article 4 (Composition of Committee) |
| (1) | "Heads of relevant central administrative agencies prescribed by Presidential Decree" in Article 11 (3) of the Act means the Minister of Economy and Finance, the Minister of Education, the Minister of Science and ICT, the Minister of Foreign Affairs, the Minister of the Interior and Safety, the Minister of Culture, Sports and Tourism, the Minister of Agriculture, Food and Rural Affairs, the Minister of Trade, Industry, and Energy, the Minister of Health and Welfare, the Minister of Environment, the Minister of Employment and Labor, the Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, the Minister of SMEs and Startups, the Minister of the Office for Government Policy Coordination, the Minister of the Korea Forest Service, and the Administrator of the Korea Meteorological Administration. |
| (2) | Where members of the Special Policy Committee on Fine Dust (hereinafter referred to as the "Committee") established under Article 10 (1) of the Act are to be commissioned (hereinafter referred to as "commissioned members") under Article 11 (4) of the Act, a gender ratio shall be taken into consideration. |
| (3) | The term of office of commissioned members shall be three years and they may be re-commissioned only once: |
| Article 5 (Disqualification of, Challenge to, and Refrainment by Members) |
| (1) | A member of the Committee shall be disqualified from deliberations on the relevant agenda item in any of the following cases: |
| 1. | Where a member or the current or former spouse of such member is a party (where the party is a juristic person, organization, etc., including executive officers thereof; hereafter the same shall apply in this subparagraph and subparagraph 2) to the relevant agenda item or is a joint right-holder or joint obligator with a party to the relevant agenda item; |
| 2. | Where a member is or was a relative of a party to the relevant agenda item; |
| 3. | Where a member has presented testimony, provided a statement, given counsel, conducted research, provided services, or made an appraisal with regard to the relevant agenda item; |
| 4. | Where a juristic person, organization, etc. to which a member belongs is or was an agent of a party to the relevant agenda item. |
| (2) | Where a party to the relevant agenda item has a ground to believe that impartiality cannot be expected from a member in deliberation and resolution, such party may file an application for challenge to the member with the Committee, which shall render a decision thereon by its resolution. In such cases, the member against whom the application for challenge has been filed shall not participate in such resolution. |
| (3) | Where a member is subject to disqualification for any reason under the subparagraphs of paragraph (1), such member shall voluntarily refrain from deliberation and resolution on the relevant agenda item. |
| Article 6 (Dismissal of Commissioned Members) |
| 1. | Where the member becomes unable to perform his or her duties due to mental or physical disabilities; |
| 2. | Where the member engages in any misconduct in connection with his or her duties; |
| 3. | Where the member is deemed unsuitable as a member due to neglect of a duty, injury to dignity, or any other reason; |
| 4. | Where the member fails to fulfill the obligation for refrainment under Article 5 (3); |
| 5. | Where the member voluntarily indicates that performance of duties is difficult. |
| Article 7 (Operation of Committee) |
| (1) | The chairpersons shall represent the Committee and exercise general supervision over its affairs. |
| (2) | Where both of the chairpersons are unable to perform their duties due to any unavoidable reason, a member designated in advance by the chairperson who is the Prime Minister shall act on behalf of the chairpersons. |
| (3) | The chairpersons shall convene and preside over meetings of the Committee. |
| (4) | A majority of the members of the Committee shall constitute a quorum and any resolution thereof shall require the concurring vote of a majority of those present. |
| (5) | The chairpersons may have specialists, heads of relevant institutions, heads of local governments, etc. who are related to the agenda item referred to the Committee, attend a meeting and provide a statement. |
| (6) | Allowances may be paid and travelling expenses may be reimbursed to the commissioned members, specialists, etc. who attend a meeting of the Committee within budgetary limits: |
| (7) | Except as otherwise provided in paragraphs (1) through (6), matters necessary for the operation of the Committee shall be determined by the chairpersons following a resolution by the Committee. |
| Article 8 (Scope of Inspection of Actual State) |
| (1) | The scope of an inspection of the actual state under Article 13 (1) of the Act shall be as follows: |
| 1. | Matters concerning the calculation of air pollutant emissions from the sources of fine dust emissions to formulate a comprehensive plan; |
| 2. | Matters necessary for examining implementation plans under Article 8 (1) of the Act and for examining and evaluating the results of progress of such plans; |
| 3. | Other matters deemed necessary for formulating policies on fine dust. |
| (2) | Where the Minister of Environment intends to conduct an inspection of the actual state under paragraph (1), he or she shall, in advance, notify an inspection plan including the date, time, purpose and details of the inspection of the actual state to the persons to be inspected. |
| (3) | For an efficient inspection of the actual state, the Minister of Environment may conduct an inspection electronically, such as an information and communications network and electronic mail. |
| Article 9 (Motor Vehicles Exempt from Restrictions on Operation) |
| 1. | Motor vehicles for business use prescribed by ordinances of the Special Metropolitan City, Metropolitan Cities, the Special Self-Governing City, Dos, or the Special Self-Governing Province (hereinafter referred to as "City/Do") among motor vehicles for business use under Article 127 of the Local Tax Act and Article 122 (1) of the Enforcement Decree of the same Act; |
| 2. | Emergency motor vehicles defined in subparagraph 22 of Article 2 of the Road Traffic Act; |
| 3. | Motor vehicles with marks indicating use by persons with disabilities pursuant to Article 39 of the Act on Welfare of Persons with Disabilities; |
| 4. | Motor vehicles used for a prosthetic purpose, profit-making purpose, etc. by any of the following persons: |
| (a) | Persons of distinguished service to the State under the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State who have been assigned a disability rating of 1 to 7; |
| (b) | Persons eligible for veteran's compensation under the Act on Support for Persons Eligible for Veteran’s Compensation who have been assigned a disability rating of 1 to 7; |
| (c) | Persons who were wounded in the May 18 Democratization Movement and registered as such under the Act on the Honorable Treatment of Persons of Distinguished Service to the May 18 Democratization Movement and have been assigned an impairment rating of 1 to 14; |
| (d) | Persons who are patients suffering from potential aftereffects of defoliants under the Act on Assistance to Patients Suffering from Actual or Potential Aftereffects of Defoliants and Establishment of Related Organizations and have been assigned a slight disability rating or higher; |
| 5. | Motor vehicles to be used for special official purposes of the State, such as policing, fire-fighting, military use, and security guard; |
| 6. | Motor vehicles to be used by foreign missions or foreign diplomats in Korea or persons corresponding thereto for official purposes, which have been confirmed by the Minister of Foreign Affairs; |
| 7. | Motor vehicles to be used for official purposes by foreign military troops stationed in Korea; |
| 8. | Electric vehicles, solar-powered vehicles, hybrid vehicles and hydrogen electric vehicles defined in subparagraphs 3 through 6 of Article 2 of the Act on Promotion of Development and Distribution of Environment-Friendly Motor Vehicles among environment-friendly motor vehicles under subparagraph 2 of the same Article; |
| 9. | Other motor vehicles determined by the Minister of Environment after consultation with the Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, |
| Article 10 (Emergency Reduction Measures to Be Taken by Mayors/Do Governors) |
| 1. | Removal of fine dust using sprinkler trucks, vacuum cleaner trucks, etc.; |
| 2. | Measures to reduce traffic, such as restrictions on the use of public parking lots; |
| 3. | Measurement and analysis of fine dust, and monitoring of illegal or excessive fine dust emission; |
| 4. | Other measures deemed necessary by the Minister of Environment or Mayors/ |
| Article 11 (Recommendations on Temporary Closure following Emergency Reduction Measures) |
| (1) | Where necessary for implementing emergency reduction measures under Article 18 (1) of the Act (hereinafter referred to as "emergency reduction measures"), Mayors/ |
| 1. | Temporary closure or reduction of school hours in schools under Article 64 of the Elementary and Secondary Education Act; |
| 2. | Temporary closure or reduction of school hours in kindergartens under Article 31 of the Early Childhood Education Act; |
| 3. | Temporary closure or reduction of child care hours in child care centers under Article 43-2 of the Infant Care Act; |
| 4. | Flexible working systems, such as the flex-time work system, work-at-home system, and part-time work, under subparagraph 3 of Article 2 of the Act on the Promotion of Creation of Family-Friendly Social Environment. |
| (2) | Detailed matters necessary for the measures under the subparagraphs of paragraph (1) shall be determined by the Minister of Environment after consultation with the heads of relevant institutions and Mayors/ |
| Article 12 (Areas Subject to Emergency Reduction Measures and Procedures Therefor) |
| (1) | The areas under the jurisdiction of Mayors/ |
| (2) | Where Mayors/ |
| (3) | Where an order to take emergency reduction measures is issued, the Minister of Environment or Mayors/ |
| (4) | The period during which emergency reduction measures are implemented shall be from 6 a.m. to 9 p.m. of the day on which such measures are implemented, and, if necessary, the period may be adjusted by consultation between the Minister of Environment and Mayors/ |
| (5) | Mayors/ |
| (6) | The Minister of Environment may establish and operate an electronic information processing system to efficiently handle information necessary for the implementation of emergency reduction measures. |
| (7) | Except as otherwise provided in paragraphs (1) through (6), detailed matters concerning issuing an order to take emergency reduction measures shall be determined by the Minister of Environment or Mayors/ |
| Article 13 (Adjustment of Operation of Emitting Facilities) |
| 1. | Change of operating hours of air pollutant-emitting facilities defined in subparagraph 11 of Article 2 of the Clean Air Conservation Act and adjustment to operating rates of such facilities; |
| 2. | Improvement of efficiency of air pollution prevention facilities defined in subparagraph 12 of Article 2 of the Clean Air Conservation Act; |
| 3. | Other measures for the reduction and management of emission of fine dust, etc., such as the reduction of fugitive dust emitted from the places of business. |
| Article 14 (Scope of Vulnerable Social Groups) |
| 1. | Social groups sensitive to exposure to fine dust, such as children, infants, young children, senior citizens, pregnant women, respiratory patients, and persons with heart diseases; |
| 2. | Social groups highly likely to be exposed to fine dust, such as outdoor workers and traffic facility managers. |
| Article 15 (Submission of Data and Inspection) |
| 1. | Business entities that emit fine dust, etc. into the air (applicable only where the need arises for an inspection of the actual state, such as emissions of fine dust, etc.); |
| 2. | Public institutions under Article 4 of the Act on the Management of Public Institutions; |
| 3. | Juristic persons established pursuant to Article 32 of the Civil Act and the Act on the Establishment and Operation of Public Interest Corporations. |
| Article 16 (Delegation of Authority and Entrustment of Duties) |
| (1) | The Minister of Environment shall delegate the following authority to the President of the National Institute of Environmental Research pursuant to Article 29 (1) of the Act: |
| 1. | Inspection of the actual state of fine dust emission under Article 13 of the Act; |
| 2. | Request for ascertainment of the current state of sources of long-range transported fine dust emissions under Article 15 of the Act; |
| 3. | Designation and cancellation of designation of performance certification institutes under Articles 24 (3) and 25 (3) of the Act; |
| 4. | Cancellation of performance certification of simple measuring instruments and issuance of an order to change the mark of performance certification under Articles 25 (1) of the Act; |
| 5. | Hearings under Article 28 of the Act; |
| 6. | Imposition and collection of administrative fines under Article 31 (1) 3 of the Act. |
| (2) | The Minister of Environment shall delegate the following authority to the heads of river basin environmental offices, heads of regional environmental offices, or the Director-General of the Metropolitan Air Quality Management Office: |
| 1. | Request for implementation of emergency reduction measures over a wide area (applicable only to the measures to be taken over the jurisdiction of the Metropolitan Air Quality Management Office) under Article 18 (1) of the Act; |
| 2. | Receipt of results of measures under Article 20 (1) of the Act; |
| 3. | Request for submission of data and inspection thereof under Article 26 of the Act; |
| 4. | Imposition and collection (limited to cases with regard to the authority delegated pursuant to subparagraph 3) of administrative fines under Article 31 (1) 4 of the Act. |
| (3) | Pursuant to Article 29 (2) of the Act, the Minister of Environment shall entrust the establishment and operation of an electronic information processing system under Article 18 of the Act and Article 12 (6) of this Decree to the Korea Environment Corporation under the Korea Environment Corporation Act. |
| Article 17 (Administrative Fines) |