ENFORCEMENT DECREE OF THE SUSTAINABLE DEVELOPMENT ACT
Presidential Decree No. 22113, Apr. 7, 2010
Amended by Presidential Decree No. 22449, Oct. 14, 2010
Presidential Decree No. 24451, Mar. 23, 2013
Presidential Decree No. 25456, Jul. 14, 2014
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 26333, jun. 22, 2015
Presidential Decree No. 27807, Jan. 26, 2017
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 28583, Jan. 16, 2018
Presidential Decree No. 29172, Sep. 18, 2018
Presidential Decree No. 29312, Nov. 27, 2018
CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to provide for matters mandated by the Sustainable Development Act and matters necessary for the enforcement thereof. <Amended by Presidential Decree No. 22113, Apr. 7, 2010>
CHAPTER II SUSTAINABLE DEVELOPMENT IMPLEMENTATION PLANS
| Articles 2 through 6 Deleted. <by Presidential Decree No. 22113, Apr. 7, 2010> |
| Article 7 (Procedures for Consulting on and Modifying Implementation Plans) |
Where the head of a central administrative agency, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor or the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") receives a request for consultation or modification pursuant to Article 7 of the Sustainable Development Act (hereinafter referred to as the "Act") from the head of another central administrative agency or another Mayor/Do Governor as to the central basic plan for sustainable development under Article 50 (4) of the Framework Act on Low Carbon, Green Growth (hereinafter referred to as "national implementation plan") or the local basic plan for sustainable development under paragraph (5) of the same Article (hereinafter referred to as "local implementation plan"), the Mayor/Do Governor shall provide opinions within 30 days from the date of receipt of such request unless there is a compelling reason not to do so. <Amended by Presidential Decree No. 22113, Apr. 7, 2010>
| Article 8 Deleted. <by Presidential Decree No. 22113, Apr. 7, 2010> |
| Article 9 (Procedures for Examining Status of Performance) |
| (1) | The head of each central administrative agency shall biennially evaluate the outcome of performance of the national implementation plan for the preceding two years and submit such outcome and evaluation results to the Commission on Sustainable Development under Article 15 of the Act (hereinafter referred to as the "Commission on Sustainable Development") by the end of February of the following year. <Amended by Presidential Decree No. 22113, Apr. 7, 2010> |
| (2) | Where the Commission on Sustainable Development receives the performance outcome and evaluation results under paragraph (1), the status of performance in accordance with the basic plan for sustainable development under Article 50 (1) of the Framework Act on Low Carbon, Green Growth and the national implementation plan shall be reviewed and the results thereof shall be dispatched to the heads of the relevant central administrative agencies. <Amended by Presidential Decree No. 22113, Apr. 7, 2010> |
| (3) | The Commission on Sustainable Development may request experts to provide advice or to conduct a survey or research if necessary to examine the status of performance of implementation plans. In such cases, allowances, travel expenses and other necessary expenses may be paid to the relevant experts within budgetary limits. <Amended by Presidential Decree No. 22113, Apr. 7, 2010> |
| Article 10 (Period and Procedure for Notification Following Enactment and Amendment of Statutes and Regulations) |
| (2) | Before formulating or revising a mid-term to long-term administrative plan under the attached Table pursuant to Article 11 (2) of the Act (where the relevant statutes and regulations provide for consultation with the relevant agencies, when consulting with the relevant agencies), the head of each central administrative agency shall notify the Commission on Sustainable Development of the relevant administrative plan. <Amended by Presidential Decree No. 22113, Apr. 7, 2010> |
| (3) | Where the Commission on Sustainable Development is notified of the statutes and regulations and the mid-term to long-term administrative plan pursuant to paragraphs (1) and (2), it shall review the statutes and regulations and the mid-term to long-term administrative plan and notify in writing the heads of the relevant central administrative agencies of the results thereof within 30 days from the date of receipt of the notice. <Amended by Presidential Decree No. 22113, Apr. 7, 2010> |
| (4) | The Commission on Sustainable Development shall submit a report on the results of review under paragraph (3) to the Minister of Environment by the end of January of the following year. <Amended by Presidential Decree No. 22113, Apr. 7, 2010> |
CHAPTER III EVALUATION OF SUSTAINABILITY
| Article 11 (Preparation of Sustainable Development Index and Evaluation of Sustainability) |
| (1) | The head of each central administrative agency shall prepare the sustainable development index pursuant to Article 13 (1) of the Act (applicable only to the index related to business under his or her discretion) after having such index deliberated on by the Commission of Sustainable Development. <Amended by Presidential Decree No. 22113, Apr. 7, 2010> |
| (2) | The Commission on Sustainable Development may request the heads of central administrative agencies to submit relevant materials if necessary to evaluate the sustainability of the State pursuant to Article 13 (2) of the Act. In such cases, the heads of the central administrative agencies shall submit the materials requested unless there is a compelling reason not to do so. <Amended by Presidential Decree No. 22113, Apr. 7, 2010> |
| Article 12 (Preparation of Sustainability Report) |
The Commission on Sustainable Development shall, pursuant to Article 14 (1) of the Act, prepare a sustainability report for the preceding two years that includes the following matters by the end of June of the following year: <Amended by Presidential Decree No. 22113, Apr. 7, 2010> | 1. | Results of examination of the status of performance of the national implementation plan pursuant to Article 9 (1) of the Act; |
| 3. | Future challenges and policy directions to enhance the sustainability of the State; |
| 4. | Other matters related to the sustainability of the State. |
CHAPTER IV THE COMMISSION ON SUSTAINABLE DEVELOPMENT
| Article 13 (Members of the Commission on Sustainable Development) |
| (1) | "Central administrative agencies prescribed by Presidential Decree" in Article 17 (2) of the Act means the Ministry of Economy and Finance; the Ministry of the Interior and Safety; the Ministry of Agriculture, Food and Rural Affairs; the Ministry of Trade, Industry and Energy; the Ministry of Environment; the Ministry of Land, Infrastructure and Transport; and the Ministry of Oceans and Fisheries. <Amended by Presidential Decree No. 22113, Apr. 7, 2010; Presidential Decree No. 24451, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (2) | The Chairperson may have the relevant public officials of central administrative agencies and local governments attend meetings for relevant agenda items to be deliberated by the Commission on Sustainable Development. <Amended by Presidential Decree No. 22113, Apr. 7, 2010> |
| Article 14 (Duties of Chairperson) |
| (1) | The Chairperson of the Commission on Sustainable Development (hereinafter referred to as the "Chairperson") shall represent the Commission on Sustainable Development and administer its overall affairs. <Amended by Presidential Decree No. 22113, Apr. 7, 2010> |
| (2) | Where the Chairperson becomes unable to conduct his or her duties due to any unavoidable cause, a member designated in advance by the Chairperson shall act on his or her behalf. |
| (1) | The Chairperson shall convene and preside over meetings of the Commission on Sustainable Development. <Amended by Presidential Decree No. 22113, Apr. 7, 2010> |
| (2) | A majority of the members of the Commission on Sustainable Development shall constitute a quorum, and any decision thereof shall require the concurring vote of at least a majority of those present. <Amended by Presidential Decree No. 22113, Apr. 7, 2010> |
| Article 16 (Expert Committees) |
| (1) | The members of expert committees under Article 17 (5) of the Act (hereinafter referred to as "expert committee") shall be commissioned by the Chairperson. |
| (2) | The persons nominated by the Chairperson from among the commissioned members under Article 17 (2) of the Act shall become the chairpersons of expert committees. |
| (3) | The chairperson of each expert committee shall report the results of research and review to the Commission on Sustainable Development. |
[This Article Wholly Amended by Presidential Decree No. 22113, Apr. 7, 2010]
| Article 17 Deleted. <by Presidential Decree No. 22113, Apr. 7, 2010> |
| Article 18 (Collection of Opinion) |
| (1) | The Commission on Sustainable Development shall, in principle, conduct its duties by collecting the opinions of civil society, industrial circles, academic circles, and other various areas and social classes. <Amended by Presidential Decree No. 22113, Apr. 7, 2010> |
| (2) | If necessary to conduct its duties, the Commission on Sustainable Development may collect public opinion through public hearings, seminars, questionnaire surveys, broadcast discussions, etc. <Amended by Presidential Decree No. 22113, Apr. 7, 2010> |
| Article 19 (Requests for Survey and Research) |
| (1) | If necessary to perform its duties, the Commission on Sustainable Development may request relevant experts, institutions, organizations, etc. to conduct a professional survey or research. <Amended by Presidential Decree No. 22113, Apr. 7, 2010> |
| (2) | Where the Commission on Sustainable Development requests a survey or research under paragraph (1), expenses necessary therefor may be paid within budgetary limits. <Amended by Presidential Decree No. 22113, Apr. 7, 2010> |
Allowances, travel expenses and other necessary expenses may be paid to the members of the Commission on Sustainable Development and expert committees, relevant public officials, relevant experts, etc. within budgetary limits: Provided, That the same shall not apply to members who are public officials and where there is a direct connection with their duties. <Amended by Presidential Decree No. 22113, Apr. 7, 2010>
| Article 21 (Detailed Rules for Operation) |
The Chairperson shall determine matters necessary for the operation of the Commission on Sustainable Development other than those provided for in this Decree following a resolution of the Commission on Sustainable Development. <Amended by Presidential Decree No. 22113, Apr. 7, 2010>
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 22 (Dissemination of Knowledge and Information on Sustainable Development) |
| (1) | The sustainable development information network under Article 20 (2) of the Act (hereinafter referred to as "sustainable development information network") shall include the following information: <Amended by Presidential Decree No. 22113, Apr. 7, 2010> |
| 1. | and 2. Deleted; <by Presidential Decree No. 22113, Apr. 7, 2010> |
| 3. | Matters concerning the national implementation plan and local implementation plan; |
| 4. | Matters concerning examination of the status of performance of the national implementation plan under Article 9 of the Act; |
| 5. | Matters concerning the statutes and regulations, an administrative plan and the results of the review thereon under Article 11 of the Act; |
| 6. | Matters concerning the sustainable development index of the State and evaluation of sustainability under Article 13 of the Act; |
| 7. | Matters concerning the education, publicity and research and survey of the State and local governments under Article 21 of the Act; |
| 9. | Matters concerning conditions necessary for formulating and executing sustainable development policies; |
| 10. | Other information on sustainable development useful to the people. |
| (2) | The Commission on Sustainable Development may entrust fact-finding surveys on sustainable development or the establishment and operation of the sustainable development information network to the following institutions pursuant to Article 20 (4) of the Act: <Amended by Presidential Decree No. 22113, Apr. 7, 2010> |
| 1. | The National Institute of Environmental Research; |
| 2. | The National Institute of Environmental Human Resources Development; |
| Article 23 (Education for Sustainable Development) |
| (1) | To raise the awareness of the people, enterprises, etc. on sustainable development, the State and local governments may promote public relation activities, including developing sustainable development education programs, fostering professional workforce, fostering specialized educational institutions, and operating the sustainable development week. |
| (2) | To fulfill the norms on sustainable development, such as the Agenda 21 adopted at the United Nations Conference on Environment and Development held in Brazil in 1992 and the plan of implementation adopted at the World Summit on Sustainable Development held in the Republic of South Africa in 2002 that are stipulated in Article 50 (1) of the Framework Act on Low Carbon, Green Growth, the State and local governments shall encourage and support the activities of relevant civil organizations. <Amended by Presidential Decree No. 22113, Apr. 7, 2010> |
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Repeal of Other Statutes and Regulations)
The Regulations on the Commission on Sustainable Development shall be repealed.
Article 3 (Applicability to Time of Notification of Statutes and Regulations and Administrative Plans)
Article 10 shall begin to apply from the time when the National Commission on Sustainable Development is established pursuant to Article 17 (1) through (3) of the Act. Article 4 (Transitional Measures concerning National Implementation Plans and National Sustainable Development Index)
The national implementation plans and national sustainable development index formulated and prepared in accordance with the former Regulations on the Commission on Sustainable Development as at the time this Decree enters into force shall be deemed national implementation plans and national sustainable development index under this Decree until a national implementation plan and national sustainable development index is formulated and prepared pursuant to Articles 4 and 11. Article 5 (Relationship with Other Statutes and Regulations)
Any citation of the former Regulations on the Commission on Sustainable Development or provisions thereof by other statutes and regulations as at the time this Decree enters into force shall be deemed a citation of this Decree or the corresponding provisions hereof in lieu of relevant Decrees or provisions thereof, if such corresponding provisions exist in this Decree.
ADDENDA <Presidential Decree No. 21847, Nov. 26, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 28, 2009.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 21887, Dec. 15, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Presidential Decree No. 21985, Jan. 7, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 22077, Mar. 18, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 26, 2010.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 22113, Apr. 7, 2010>
This Decree shall enter into force on April 14, 2010.
ADDENDA <Presidential Decree No. 22449, Oct. 14, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 16, 2010.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 23755, Apr. 27, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 24451, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 25456, Jul. 14, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 15, 2014.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That amendments to Presidential Decrees that were promulgated before this Decree enters into force but the enforcement dates of which have yet to arrive, among the Presidential Decrees amended pursuant to Article 5 of the Addenda, shall enter into force on the enforcement date of the relevant Presidential Decree, respectively.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 26333, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2015.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 27807, Jan. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 28, 2017.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That amendments to Presidential Decrees that were promulgated before this Decree enters into force but the enforcement dates of which have yet to arrive, among the Presidential Decrees amended pursuant to Article 8 of the Addenda, shall enter into force on the enforcement date of the relevant Presidential Decree, respectively.
Articles 2 through 8 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.
ADDENDA <Presidential Decree No. 29172, Sep. 18, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 21, 2018.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 29312, Nov. 27, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 29, 2018.
Article 2 Omitted.