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ENFORCEMENT DECREE OF THE SAFETY CONTROL AND BUSINESS OF LIQUEFIED PETROLEUM GAS ACT

Wholly Amended by Presidential Decree No. 26438, Jul. 24, 2015

Amended by Presidential Decree No. 26826, Dec. 30, 2015

Presidential Decree No. 27237, jun. 21, 2016

Presidential Decree No. 27629, Nov. 29, 2016

Presidential Decree No. 27960, Mar. 27, 2017

Presidential Decree No. 28692, Mar. 6, 2018

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Safety Control and Business of Liquefied Petroleum Gas Act and other matters necessary for enforcing said Act.
 Article 2 (Forecasts of Conditions of Supply for and Demand of Liquefied Petroleum Gas)
The Minister of Trade, Industry and Energy shall forecast the conditions of supply of and demand for liquefied petroleum gas by December 31 each year pursuant to Article 3 of the Safety Control and Business of Liquefied Petroleum Gas Act (hereinafter referred to as the "Act").
CHAPTER II LIQUEFIED PETROLEUM GAS BUSINESS
 Article 3 (Types of Permission to Conduct Liquefied Petroleum Gas Business and Scope of Business Subject to Permission)
(1) The types of permission to conduct the liquefied petroleum gas filling business; permission to conduct the gas appliance manufacturing business; permission to conduct the business of collectively supplying liquefied petroleum gas; and permission to conduct the liquefied petroleum gas sales business as well as the scope of business subject to permission under Article 5 (1) and (2) of the Act, shall be as follows:
1. Liquefied petroleum gas filling business: Any of the following business: Provided, That this shall not apply where liquefied petroleum gas is filled into gas lighters, using a container or using a tank with a storage capacity of less than three tons; and where a person who has obtained permission to produce high-pressure gas (limited to producing liquefied petroleum gas) under the High-Pressure Gas Safety Control Act fills liquefied petroleum gas as permitted:
(a) Business of filling containers: Business (including filling any tanks prescribed by Ordinance of the Ministry of Trade, Industry and Energy with liquefied petroleum gas, using tanks fitted to motor vehicles) of supplying liquefied petroleum gas by filling it into containers (excluding containers fitted to motor vehicles; containers with an internal capacity of less than one liter; and containers built into gas heaters);
(b) Business of filling containers fitted to motor vehicles: Business of supplying liquefied petroleum gas by filling it into containers fitted to motor vehicles that use liquefied petroleum gas as a fuel;
(c) Business of filling small containers: Business of supplying liquefied petroleum gas by filling it into containers with an internal capacity of less than one liter;
(d) Business of filling containers in gas heaters: Business of supplying liquefied petroleum gas by filling it into containers built into gas heaters;
(e) Business of filling tanks fitted to motor vehicles: Business of supplying liquefied petroleum gas by filling it into tanks fitted to motor vehicles (including supplying liquefied petroleum gas to any tanks prescribed by Ordinance of the Ministry of Trade, Industry and Energy, using tanks fitted to motor vehicles);
(f) Business of filling storage tanks through pipelines: Business of supplying liquefied petroleum gas by transporting it, through pipelines, to any storage tanks prescribed by Ordinance of the Ministry of Trade, Industry and Energy;
2. Gas appliance manufacturing business: Business of manufacturing any gas appliances prescribed by Ordinance of the Ministry of Trade, Industry and Energy to use liquefied petroleum gas or urban gas, such as combustors and forced mixing type gas burners;
3. Business of collectively supplying liquefied petroleum gas: Business of supplying liquefied petroleum gas to any of the following consumers: Provided, That this shall not apply to the collective supply to small business entities or to non-profit collective supply prescribed by Ordinance of the Ministry of Trade, Industry and Energy:
(a) Consumers in at least 70 units (referring to where the total number of households is at least 70, in cases of multi-family housing complexes);
(b) Consumers in less than 70 units, who are prescribed by Ordinance of the Ministry of Trade, Industry and Energy;
4. Liquefied petroleum gas sales business: Any of the following business:
(a) Container sales business: Business of selling liquefied petroleum gas filled in containers;
(b) Business of selling containers and tanks fitted to motor vehicles: Business of simultaneously conducting the following business:
(i) Business specified in item (a);
(ii) Business of supplying liquefied petroleum gas filled in tanks fitted to motor vehicles (limited to tanks of a size, etc. meeting the criteria prescribed by Ordinance of the Ministry of Trade, Industry and Energy) to storage facilities of a size not exceeding that prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
(2) Notwithstanding paragraph (1) 4, any of the following shall be excluded from business subject to permission to conduct the liquefied petroleum gas sales business:
1. Where a business entity sells liquefied petroleum gas filled in containers with an internal capacity of less than one liter;
2. Where either a liquefied petroleum gas filling business entity or a person who has obtained permission to produce high-pressure gas (limited to producing liquefied petroleum gas) under the High-Pressure Gas Safety Control Act sells liquefied petroleum gas as permitted.
 Article 4 (Criteria for Granting Permission to Build Liquefied Petroleum Gas Storage Facilities and Scope of Facilities Subject to Permission)
(1) Upon receiving an application for permission under Article 8 (1) of the Act or for permission for change under the main sentence of Article 8 (2) of the Act, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter referred to as the "head of a Si/Gun/Gu") shall grant permission unless the contents of the application fall under any of the following cases:
1. Where the relevant storage facility, if built or changed, is deemed to hinder the protection of the lives of citizens, prevention of harm to their property, or prevention of disasters;
2. Where the relevant person lacks funds and technical capabilities necessary for building and operating the relevant storage facility;
3. Where the relevant storage facility is built in an area where the construction of such facilities is prohibited in consideration of access roads, urban planning, population density, etc.;
4. Where it is deemed that safety is not ensured according to the results of a technical review conducted by Korea Gas Safety Corporation established under Article 28 of the High-Pressure Gas Safety Control Act (hereinafter referred to as "Korea Gas Safety Corporation");
5. Other cases where any restriction under any other statute or regulation is violated.
(2) The scope of facilities subject to permission to build liquefied petroleum gas storage facilities under Article 8 (1) of the Act, shall be any liquefied petroleum gas storage facilities: Provided, That this shall not apply where any of the following business entities builds a liquefied petroleum gas storage facility as permitted (including where a liquefied petroleum gas filling business entity builds a container storage facility at a place of business, for which he or she has obtained permission pursuant to Article 5 (6) of the Act, as permitted) or builds a liquefied petroleum gas storage facility inside any ship governed by the Ship Safety Act:
1. A liquefied petroleum gas filling business entity;
2. A collective supplier of liquefied petroleum gas;
3. A liquefied petroleum gas dealer;
4. A person who has obtained permission to produce high-pressure gas pursuant to Article 4 (1) of the High-Pressure Gas Safety Control Act;
5. A person who has obtained permission to conduct urban gas business pursuant to Article 3 of the Urban Gas Business Act.
(3) The head of a Si/Gun/Gu may determine and publicly announce detailed criteria for the matters specified in paragraph (1) 1 through 3.
 Article 5 (Criteria for Registering Business Entities Entrusted with Transporting Liquefied Petroleum Gas and Scope of Those Subject to Registration)
(1) The criteria for registering business entities entrusted with transporting liquefied petroleum gas specified in Article 9 (1) of the Act shall be as follows:
1. The relevant business entity must obtain permission to conduct trucking transport business pursuant to Article 3 of the Trucking Transport Business Act and subparagraph 1 of Article 3 of the Enforcement Decree of the same Act;
2. The relevant business entity must be registered as a high-pressure gas transporter pursuant to Article 5-4 of the High-Pressure Gas Safety Control Act;
3. The relevant business entity must have tanks fitted to motor vehicles prescribed by Ordinance of the Ministry of Trade, Industry and Energy, in the name of the representative of the business entity entrusted with transporting such gas (referring to the relevant corporation if the representative is a corporation).
(2) The scope of business entities entrusted with transporting liquefied petroleum gas subject to registration under Article 9 (1) of the Act, shall be business entities entrusted by any liquefied petroleum gas filling business entity or liquefied petroleum gas dealer prescribed by Ordinance of the Ministry of Trade, Industry and Energy to transport liquefied petroleum gas, using tanks fitted to motor vehicles prescribed by Ordinance of the Ministry of Trade, Industry and Energy; and to fill small storage tanks prescribed by Ordinance of the Ministry of Trade, Industry and Energy with the transported liquefied petroleum gas.
(3) Notwithstanding paragraph (2), any liquefied petroleum gas filling business entity or liquefied petroleum gas dealer prescribed by Ordinance of the Ministry of Trade, Industry and Energy who has secured tanks prescribed by Ordinance of the Ministry of Trade, Industry and Energy, shall be deemed registered as a business entity entrusted with transporting liquefied petroleum gas pursuant to Article 9 of the Act.
 Article 6 (Criteria for Registration, and Renewal of Registration, of Manufacturing of Foreign Gas Appliances and Scope of Matters Subject to Registration and Renewal of Registration)
(1) The criteria for registration, and renewal of registration, of the manufacturing of foreign gas appliances under Article 10 (1) and (3) of the Act shall be as follows:
1. Manufacturing facilities, inspection equipment, etc. for the relevant gas appliances must meet the standards prescribed by Ordinance of the Ministry of Trade, Industry and Energy;
2. The safety of the relevant gas appliances must be deemed ensured according to a technical review and factory inspection conducted by Korea Gas Safety Corporation.
(2) The scope of matters subject to registration or renewal of registration by any person who intends to register, or to renew registration, of the manufacturing of foreign gas appliances pursuant to Article 10 (1) or (3) of the Act, shall be the manufacturing of gas appliances prescribed by Ordinance of the Ministry of Trade, Industry and Energy, such as combustors and forced mixing type gas burners: Provided, That this shall not apply to the manufacturing of gas appliances imported for research and development or any other gas appliances prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
CHAPTER III LIQUEFIED PETROLEUM GAS EXPORT OR IMPORT BUSINESS
 Article 7 (Matters Subject to Registration of Changes of Liquefied Petroleum Gas Export or Import Business)
"Matters prescribed by Presidential Decree, such as the size of a liquefied petroleum gas storage facility" in Article 17 (2) of the Act means the following:
1. Name or trade name;
2. Representative (limited to corporations);
3. Location of the principal place of business;
4. Location or size of the liquefied petroleum gas storage facility (excluding where the size of the registered liquefied petroleum gas storage facility increases or decreases by less than 20/100).
 Article 8 (Requirements for Registration of Liquefied Petroleum Gas Export or Import Business)
(1) The requirements for registration of liquefied petroleum gas export or import business, such as the criteria for facilities for liquefied petroleum gas export or import business, referred to in Article 17 (3) of the Act shall be as follows: <Amended by Presidential Decree No. 27629, Nov. 29, 2016>
1. The relevant person must be equipped with a storage facility capable of storing 15 days’ worth of liquefied petroleum gas planned to be sold on the domestic market during the year the business commences: Provided, That where it is intended to import liquefied petroleum gas on behalf of other person, the person supplied with such imported gas shall also be equipped with such liquefied petroleum gas storage facility;
2. Notwithstanding subparagraph 1, the relevant person shall be equipped with the following relevant storage facility in any of the following cases:
(a) Where a petroleum refiner defined in subparagraph 7 of Article 2 of the Petroleum and Alternative Fuel Business Act imports liquefied petroleum gas: A storage facility referred to in Article 9 (1) 2 of the Enforcement Decree of the same Act and a storage facility capable of storing 15 days’ worth of liquefied petroleum gas planned to be imported during the relevant year;
(b) Where the person intends to import liquefied petroleum gas for his or her own use: A storage facility for his or her exclusive use, which he or she owns or has leased for a specified lease term of at least one year.
(2) The Minister of Trade, Industry and Energy shall grant registration, unless an application for registration of liquefied petroleum gas export or import business filed under the main sentence of Article 17 (1) of the Act falls under any of the following cases:
1. Where the requirements for registration specified in paragraph (1) are not satisfied;
2. Where a person who has applied for registration falls under any subparagraph of Article 7 of the Act;
3. Other cases where any restriction under the Act, this Decree, or any other statute or regulation is violated.
(3) A person who has registered liquefied petroleum gas export or import business pursuant to Article 17 (1) of the Act, shall be equipped with the following facilities from the year following the year in which he or she commences such business: <Amended by Presidential Decree No. 27629, Nov. 29, 2016>
1. A storage facility capable of storing 15 days’ worth of liquefied petroleum gas sold on the domestic market during the preceding year: Provided, That where it is intended to import liquefied petroleum gas on behalf of other person, the person supplied with such imported gas shall also be equipped with such liquefied petroleum gas storage facility;
2. The relevant storage facility in any of the following cases, notwithstanding subparagraph 1:
(a) Where a petroleum refiner defined in subparagraph 7 of Article 2 of the Petroleum and Alternative Fuel Business Act imports liquefied petroleum gas: A storage facility referred to in Article 9 (3) of the Enforcement Decree of the same Act and a storage facility capable of storing 15 days’ worth of liquefied petroleum gas imported during the preceding year;
(b) Where a person imports liquefied petroleum gas for his or her own use: A storage facility for his or her exclusive use, which he or she owns or has leased for a specified lease term of at least one year.
(4) The scope of storage facilities referred to in paragraphs (1) and (3) as well as the method of calculating the quantity of domestic sales of liquefied petroleum gas referred to in paragraph (3) 1, shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
 Article 9 (Period for Conditional Registration)
"Period prescribed by Presidential Decree" in Article 18 (1) of the Act means two years from the date of conditional registration.
 Article 10 (Period for Commencement of Business)
"Period prescribed by Presidential Decree" in Article 19 (1) of the Act means six months.
 Article 11 (Quantity of Obligatory Liquefied Petroleum Gas Reserves)
(1) The quantity of liquefied petroleum gas any liquefied petroleum gas exporter or importer is obligated to stockpile pursuant to Article 20 (1) of the Act, shall be the quantity prescribed and publicly notified by the Minister of Trade, Industry and Energy within the extent of 60 days’ worth of liquefied petroleum gas sold daily on average based on the annual domestic sales volume (hereinafter referred to as "quantity of obligatory liquefied petroleum gas reserves"). In such cases, the Minister shall also publicly notify the quantity that any liquefied petroleum gas exporter or importer is deemed to generally hold for normal business operations out of the quantity of obligatory liquefied petroleum gas reserves.
(2) The annual domestic sales volume referred to in the former part of paragraph (1) shall be the domestic sales volume for 12 months counting backward from two months before the relevant month (referring to the domestic sales volume for the relevant period, if the period for calculation is less than 12 months); and the calculation method shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
(3) In any of the following cases, the Minister of Trade, Industry and Energy may adjust and publicly notify the quantity of obligatory liquefied petroleum gas reserves:
1. Where the business conditions of liquefied petroleum gas exporters or importers have deteriorated significantly due to rapid changes in domestic and overseas economic conditions, such as international liquefied petroleum gas market conditions, exchange rate volatility, or deteriorating foreign currency conditions;
2. Where business assets (including leased assets) of liquefied petroleum gas exporters or importers suffer a material loss, due to a natural disaster, fire, or any other disaster;
3. Where domestic supply of and demand for liquefied petroleum gas or price stabilization is likely to be hindered;
4. Where a rapid increase in the liquefied petroleum gas price or a rapid increase in the quantity of stockpiled liquefied petroleum gas imposes a heavy financial burden on liquefied petroleum gas exporters or importers.
 Article 12 (Methods of Fulfilling Obligation to Stockpile Liquefied Petroleum Gas)
(1) Any liquefied petroleum gas exporter or importer shall fulfill an obligation to stockpile liquefied petroleum gas pursuant to Article 20 (1) of the Act by maintaining the average stock quantity at a level not less than the quantity of obligatory liquefied petroleum gas reserves during the period prescribed by the Minister of Trade, Industry and Energy.
(2) The average stock quantity referred to in paragraph (1) shall be calculated by aggregating the quantities of liquefied petroleum gas in any of the following facilities or ships (including the quantities that have not undergone customs clearance):
1. Storage tanks at any factory and import base (including underground storage facilities);
2. Reservoirs (including entrusted reservoirs);
3. Storage facilities annexed to gas pipelines (including quantities being transported through gas pipelines);
4. Liquefied petroleum gas carriers that are unloading or waiting for unloading at any domestic harbor for exclusive use;
5. Marine structures (referring to liquefied petroleum gas storage facilities installed at sea to store liquefied petroleum gas for at least 12 months);
6. Coastal ships.
(3) Any liquefied petroleum gas exporter or importer shall stockpile the quantity of obligatory liquefied petroleum gas reserves, within six months from the date of receiving the initial import declaration.
(4) The method of fulfilling an obligation to stockpile liquefied petroleum gas pursuant to Article 20 (1) of the Act and other matters necessary for stockpiling liquefied petroleum gas, shall be prescribed and publicly notified by the Minister of Trade, Industry and Energy.
 Article 13 (Requirements for Persons Fulfilling Obligation to Stockpile Liquefied Petroleum Gas on Behalf of Other Persons)
(1) "Requirements prescribed by Presidential Decree, such as facility standards" in Article 20 (2) of the Act means a storage facility of at least 3,000 tons.
(2) The scope of storage facilities referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
CHAPTER IV SAFETY CONTROL
 Article 14 (Persons Subject to Comprehensive Safety Control)
"Liquefied petroleum gas business entity, etc. prescribed by Presidential Decree" in Article 31 (2) of the Act means any liquefied petroleum gas filling business entity or person who stores liquefied petroleum gas, each of whom owns a storage facility with a storage capacity of at least 1,000 tons of liquefied petroleum gas.
 Article 15 (Types of Safety Supervisors)
(1) Types of safety supervisors specified in Article 34 of the Act (hereinafter referred to as "safety supervisors") shall be as follows:
1. A general safety supervisor;
2. A vice general safety supervisor;
3. A person responsible for safety control;
4. A safety officer.
(2) A general safety supervisor shall be the relevant business entity (referring to the representative of the relevant corporation if the business entity is a corporation) or a specific user of liquefied petroleum gas specified in Article 44 (2) of the Act (referring to the representative of the relevant corporation if the specific user is a corporation; hereinafter referred to as "specific user of liquefied petroleum gas").
(3) A vice general safety supervisor shall be the chief officer who directly manages facilities of the relevant business entity.
(4) The qualifications of safety supervisors and number of safety supervisors to be appointed, shall be as specified in attached Table 1.
 Article 16 (Scope of Duties of Safety Supervisors)
(1) Safety supervisors shall perform the following safety control duties: <Amended by Presidential Decree No. 26826, Dec. 30, 2015>
1. Maintaining the safety of liquefied petroleum gas facilities of liquefied petroleum gas business entity, etc. or facilities using liquefied petroleum gas of specific users of liquefied petroleum gas (hereinafter referred to as "specific facilities using liquefied petroleum gas"), as well as preparing and keeping inspection records of such facilities;
2. Managing the manufacturing process of gas appliances;
3. Verifying whether gas suppliers fulfill their obligations under Article 30 of the Act;
4. Preparing and keeping records of compliance with the safety control regulations under Article 31 of the Act;
5. Improving facilities that are found non-compliant with the relevant standards during any regular or occasional inspections conducted under Article 37 of the Act;
6. Giving notice of accidents under Article 56 (1) of the Act;
7. Command and supervision over matters necessary for controlling the safety of employees at places of business or specific facilities using liquefied petroleum gas;
8. Command and supervision over matters necessary for controlling the safety of persons who improve or repair places of business or specific facilities using liquefied petroleum gas;
9. Taking any other measures to prevent harm.
(2) Except as otherwise provided in this Decree, no person responsible for safety control and safety officer shall assume tasks other than the duties specified in the subparagraphs of paragraph (1).
(3) Safety supervisors shall perform the duties classified as follows: <Amended by Presidential Decree No. 27237, Jun. 21, 2016>
1. A general safety supervisor: Exercising general supervision over the affairs relating to the safety of the relevant place of business or specific facilities using liquefied petroleum gas;
2. A vice general safety supervisor: Directly managing the safety of relevant gas facilities by assisting the general safety supervisor;
3. A person responsible for safety control: Performing the following duties:
(a) Managing technical matters relating to the safety of the place of business by assisting the vice general safety supervisor (the general safety supervisor if no vice general safety supervisor exists);
(b) Command and supervision over safety officers;
4. A safety officer: Performing a safety supervisor's duties under the direction of a person responsible for safety control.
(4) Where a safety supervisor falls under any subparagraph of Article 34 (3) of the Act, a person who has appointed the safety supervisor pursuant to Article 34 (1) of the Act shall designate a deputy to the safety supervisor and require the deputy to act for the safety supervisor during the period classified as follows: <Amended by Presidential Decree No. 27237, Jun. 21, 2016>
1. Where the safety supervisor falls under Article 34 (3) 1 of the Act: A period not exceeding 30 days during which he or she is unable to perform his or her duties;
2. Where the safety supervisor falls under Article 34 (3) 2 of the Act: A period until which another safety supervisor is appointed.
(5) In requiring a deputy to act for a safety supervisor pursuant to Article 34 (3) of the Act and paragraph (4) of this Article, a person who has appointed the safety supervisor shall require the following relevant person to act for the safety supervisor: <Amended by Presidential Decree No. 27237, Jun. 21, 2016>
1. Acting for a general safety supervisor or vice general safety supervisor: A person who performs the duties of directly assisting him or her;
2. Acting for a person responsible for safety control: A safety officer: Provided, That in any of the following cases, the relevant person shall act for him or her:
(a) In cases of a facility for which a safety officer need not be appointed under subparagraph 1 (d) of attached Table 1: A person who meets the qualifications of a person responsible for safety control specified in the same item;
(b) In cases of any other facility for which a safety officer need not be appointed: A person with knowledge about gas safety control among employees of the relevant place of business who engage in any business related to gas;
3. Acting for a safety officer: A person with knowledge about gas safety control among employees of the relevant place of business who engage in any business related to gas.
(6) "Safety supervisor prescribed by Presidential Decree" in Article 34 (5) of the Act means a safety supervisor specified in the subparagraphs of Article 15 (1).
(7) Detailed standards for performance of the duties by safety supervisors and for their performance of the duties on behalf of other safety supervisors, shall be prescribed and publicly notified by the Minister of Trade, Industry and Energy. <Newly Inserted by Presidential Decree No. 27237, Jun. 21, 2016>
 Article 17 (Exemption from Regular Inspections)
"Person prescribed by Presidential Decree" in the proviso of Article 37 (1) of the Act means any of the following persons:
1. A person recognized by the permitting authority (referring to the permitting authority prescribed in Article 11 of the Act; hereinafter the same shall apply) as not impeding safety even if the person is fully or partially exempted from regular inspections, considering his or her compliance with the safety control regulations referred to in Article 31 of the Act and outstanding outcomes of regular and occasional inspections referred to in Article 37 of the Act over the last two years;
2. A person who has undergone a precise safety diagnosis referred to in Article 38 of the Act in the year when he or she must undergo regular inspections;
3. A liquefied petroleum gas dealer recognized by Korea Gas Safety Corporation as having outstanding safety control capabilities, comprehensively considering compliance with the methods of sale referred to in Article 24 of the Act, fulfillment of obligations of gas suppliers referred to in Article 30 of the Act, etc.
 Article 18 (Gas Appliances Exempted from Inspections)
(1) Any of the following gas appliances shall be fully exempted from inspections under the proviso of Article 39 (1) of the Act:
1. Gas appliances that have obtained certification (hereafter in this Article, referred to as "product certification") under Article 15 of the Industrial Standardization Act (limited to the relevant type of gas appliances that have undergone certification examination);
2. Gas appliances imported to conduct tests or research and development;
3. Gas appliances manufactured for export;
4. Gas appliances imported to be used by any foreign institution in Korea, which have undergone inspections overseas;
5. Gas appliances imported by being attached to any industrial machine, equipment, etc.;
6. Gas appliances imported as samples by a manufacturer or importer thereof;
7. Gas appliances imported for export.
(2) Any of the following gas appliances may be eligible for exemption from some of the inspections under the proviso of Article 39 (1) of the Act, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy:
1. Gas appliances that have obtained product certification (excluding those specified in paragraph (1) 1);
2. Imported gas appliances that have not obtained product certification, other than those specified in paragraph (1) 2 or 4 through 7.
(3) Notwithstanding paragraph (1) 1, any gas appliances prescribed by Ordinance of the Ministry of Trade, Industry and Energy that have obtained product certification, shall undergo all or some inspections.
(4) Notwithstanding paragraph (2) 1, any gas appliances prescribed by Ordinance of the Ministry of Trade, Industry and Energy that have obtained product certification, shall undergo all inspections.
(5) Where any gas appliance exempted from all or some of inspections pursuant to paragraph (1) 1 or (2) 1 is deemed to fail to meet the criteria for inspecting gas appliances, the head of the competent Si/Gun/Gu shall notify the Minister of Trade, Industry and Energy of such fact.
 Article 19 (Application for Approval for Detailed Standards)
(1) Upon deliberating and passing a resolution on detailed standards pursuant to Article 45 (2) of the Act, the Gas Technical Standards Committee established under Article 33-2 of the High-Pressure Gas Safety Control Act (hereinafter referred to as the "Gas Technical Standards Committee") shall file an application for approval for the detailed standards, including the following, with the Minister of Trade, Industry and Energy within 10 days from the date of deliberation and resolution:
1. Grounds for establishing or amending the detailed standards;
2. Progress and results of deliberation by the Gas Technical Standards Committee;
3. Minutes of the Gas Technical Standards Committee.
 Article 20 (Orders to Take Measures to Prevent Harm Issued by Permitting Authority or Other Authorities)
The permitting authority, the registering authority (referring to the registering authority under Article 11 of the Act; hereinafter the same shall apply), or the head of a Si/Gun/Gu may order persons who have obtained permission or made registration pursuant to Article 48 (1) of the Act, specific users of liquefied petroleum gas, or users of liquefied petroleum gas, to take the following measures necessary to prevent any harm:
1. Conducting safety checks for gas facilities during the winter period, thawing season, or any other period prone to gas accidents;
2. Suspending gas supply to any gas-using facilities that are likely to cause gas accidents;
3. Any other measures deemed necessary for safety control.
 Article 21 (Indemnification)
(1) When providing indemnification under the main sentence of Article 48 (3) of the Act, the permitting authority, the registering authority, or the head of a Si/Gun/Gu shall determine the amount of indemnification and other matters relating to indemnification through consultation with the relevant business entity that has sustained any loss.
(2) If no consultation is held or if it is impracticable to hold a consultation under paragraph (1) regarding matters subject to indemnification by the permitting authority, the registering authority, or by the head of a Si/Gun/Gu, the authority, the head of the Si/Gun/Gu, or the relevant business entity may file an application for adjudication with the Minister of Trade, Industry and Energy.
(3) Upon receiving an application for adjudication under paragraph (2), the Minister of Trade, Industry and Energy shall notify the other party of such fact and give the party an opportunity to submit a written opinion within a specified period.
(4) Upon receiving an application for adjudication under paragraph (2), the Minister of Trade, Industry and Energy may prepare a proposal for consultation on the amount of indemnification and other matters relating to indemnification; and may recommend the parties to accept the proposal.
CHAPTER V TRADE ASSOCIATIONS
 Article 22 (Establishment of Trade Associations)
(1) A trade association established under Article 50 (1) of the Act (hereinafter referred to as "trade association") shall be classified as follows:
1. A trade association of liquefied petroleum gas filling business entities;
2. A trade association of collective suppliers of liquefied petroleum gas;
3. A trade association of liquefied petroleum gas dealers;
4. A trade association of business entities entrusted with transporting liquefied petroleum gas;
5. A trade association of gas appliance manufacturers;
6. A trade association of persons who store liquefied petroleum gas.
(2) A trade associations shall be established, with the whole country as a business area.
(3) To obtain authorization to establish a trade association, at least 1/5 of the persons with membership of the trade associations, as promoters, shall prepare the articles of association and file an application for authorization with the Minister of Trade, Industry and Energy. In such cases, the application shall be filed after a resolution on the establishment is passed at the inaugural general meeting attended by a majority of the persons with membership of the trade associations.
 Article 23 (Matters to Be Entered in Articles of Association)
The following shall be included in the articles of association of any trade associations pursuant to Article 50 (3) of the Act:
1. Objectives;
2. Name;
3. Location of the business office;
4. Membership as well as rights and obligations of its members;
5. General meetings and the board of directors;
6. Executive officers;
7. Operations;
8. Assets and accounting;
9. Amending the articles of association;
10. Dissolution;
11. Any other important matters regarding its operation.
 Article 24 (Supervision)
The Minister of Trade, Industry and Energy shall supervise the operations of trade associations pursuant to Article 50 (3) of the Act; and may require any trade association to rectify its operations, to take other necessary measures, or to report on the status of its operations and accounting, if deemed necessary.
 Article 25 (Details of Mutual-Aid Programs)
Details of the mutual-aid programs specified in subparagraph 3 of Article 51 of the Act shall be as follows:
1. Mutual aid and compensation for possible property damage and personal injury caused by any member's gas accident;
2. Compensation for workers injured in any member's gas accident;
3. Mutual aid for damage to any member's own facilities, etc. caused by the member's gas accident;
4. Mutual aid for losses incurred while members are securing any containers or fulfilling their safety control obligations;
5. Any other affairs to promote the economic interests of members.
 Article 26 (Operating Mutual-Aid Programs)
(1) Where a trade association intends to obtain permission to operate mutual-aid programs pursuant to Article 52 (1) of the Act, it shall file an application therefor with the Minister of Trade, Industry and Energy, along with its own mutual-aid regulations.
(2) The mutual-aid regulations referred to in paragraph (1) shall include the following:
1. Method of implementing mutual-aid programs;
2. Contract for mutual aid;
3. Matters relating to calculating alloted mutual-aid contributions, a liability reserve, and an emergency-risk reserve.
(3) Where a trade association intends to amend the mutual-aid regulations referred to in paragraph (1), it shall obtain approval from the Minister of Trade, Industry and Energy.
(4) Any trade association operating mutual-aid programs shall appropriate and set aside a liability reserve and an emergency-risk reserve for such programs at the end of each business year, as prescribed by the relevant mutual-aid regulations.
(5) Accounts of the mutual-aid programs shall be kept separately from other accounts.
 Article 27 (Fund for Mutual-Aid Programs)
If deemed necessary to efficiently implement mutual-aid programs specified in the subparagraphs of Article 25, any trade association operating mutual-aid programs may raise and operate the fund for mutual-aid programs.
CHAPTER VI SUPERVISION
 Article 28 (Orders to Make Adjustments)
Matters subject to orders for adjustment issued by the Minister of Trade, Industry and Energy, the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor, or the Special Self-Governing Province Governor (hereinafter referred to as a "Mayor/Do Governor") under Article 53 of the Act, shall be as follows:
1. Adjusting liquefied petroleum gas filling facilities and the method of supplying liquefied petroleum gas;
2. Adjusting liquefied petroleum gas stockpiling facilities and storage facilities;
3. Adjusting supply of and demand for liquefied petroleum gas by area and by major consumer;
4. Adjusting the supply conditions, such as gas rates for collective suppliers of liquefied petroleum gas.
 Article 29 (Guidance and Supervision)
The Minister of Trade, Industry and Energy may take any of the following measures, for a Mayor/Do Governor or the head of a Si/Gun/Gu (excluding the Special Self-Governing City Mayor and the Special Self-Governing Province Governor) pursuant to Article 54 of the Act:
1. Providing advice, recommendation, or guidance regarding gas safety control affairs;
2. Formulating and notifying the standards and procedures for conducting gas safety control affairs;
3. Issuing instructions on inspections of gas facilities to prevent any gas accident;
4. Issuing instructions on special safety control of facilities that are deemed to require special management for gas safety;
5. Issuing instructions on implementing relevant affairs if negligent gas safety control is likely to harm the safety of the public or to cause any harm;
6. Issuing instructions on relevant measures if urgent measures are required for gas safety control.
(2) If necessary for guidance and supervision under Article 54 of the Act, the Minister of Trade, Industry and Energy may require a Mayor/Do Governor to report on the following:
1. Compliance with an order to make adjustments issued by the Minister of Trade, Industry and Energy under Article 28;
2. Status of dispositions taken against entities that have obtained permission under the Act, including liquefied petroleum gas filling business entities, collective suppliers of liquefied petroleum gas, liquefied petroleum gas dealers, gas appliance manufacturers, persons who establish places of business for liquefied petroleum gas, and persons who store liquefied petroleum gas (hereafter referred to as "liquefied petroleum gas business entities, etc. that have obtained permission under the Act" in this Article); or against specific users of liquefied petroleum gas;
3. Status of liquefied petroleum gas business entities, etc. that have obtained permission under the Act.
CHAPTER VII SUPPLEMENTARY PROVISIONS
 Article 30 (Types of Insurance)
(1) Types of insurance and persons who must purchase insurance under Article 57 (1) of the Act shall be as follows:
1. Persons who must purchase both gas accident compensation liability insurance (including any insurance with the same content as this insurance; hereafter in this Article, the same shall apply) and consumer guarantee liability insurance (including any insurance with the same terms and conditions as this insurance; hereafter in this Article, the same shall apply):
(a) Liquefied petroleum gas filling business entities and liquefied petroleum gas dealers who supply liquefied petroleum gas filled in containers to any facilities using liquefied petroleum gas prescribed by Ordinance of the Ministry of Trade, Industry and Energy;
(b) Liquefied petroleum gas filling business entities and liquefied petroleum gas dealers who supply liquefied petroleum gas to any facilities using liquefied petroleum gas at which small liquefied petroleum gas storage tanks are installed;
2. Persons who must purchase gas accident compensation liability insurance:
(a) Liquefied petroleum gas filling business entities (excluding liquefied petroleum gas filling business entities specified in subparagraph 1); gas appliance manufacturers; and gas appliance importers (excluding persons prescribed by Ordinance of the Ministry of Trade, Industry and Energy);
(b) Collective suppliers of liquefied petroleum gas; liquefied petroleum gas dealers (excluding liquefied petroleum gas dealers specified in subparagraph 1); and business entities entrusted with transporting liquefied petroleum gas;
(c) Persons who store liquefied petroleum gas;
(d) Persons prescribed by Ordinance of the Ministry of Trade, Industry and Energy, among gas facility construction contractors referred to in Article 35 of the Act and specific users of liquefied petroleum gas referred to in Article 44 (2) of the Act.
(2) Where a liquefied petroleum gas filling business entity who must purchase insurance under paragraph (1) has established places of business pursuant to Article 5 (6) of the Act, the places of business shall be covered by such insurance.
(3) The amount of insurance referred to in Article 57 (1) of the Act shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
(4) The procedures for purchasing insurance under Article 57 (1) of the Act, methods and procedures for subsidizing persons who conduct business to prevent liquefied petroleum gas accidents under Article 57 (3) of the Act, and other necessary matters, shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy after consultation with the Financial Services Commission.
(5) If necessary to ascertain the status of affairs related to insurance referred to in Article 57 of the Act, the Minister of Trade, Industry and Energy may request the Governor of the Financial Supervisory Service established under Article 24 of the Act on the Establishment of Financial Services Commission to submit relevant data.
 Article 31 (Reporting and Disclosure of Sales Prices)
(1) "Persons prescribed by Presidential Decree" in Article 58 (1) of the Act means the following persons:
1. Liquefied petroleum gas exporters or importers (limited to persons who import liquefied petroleum gas for domestic sales);
2. Liquefied petroleum gas filling business entities;
3. Collective suppliers of liquefied petroleum gas;
4. Liquefied petroleum gas dealers prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
(2) The types of liquefied petroleum gas that persons required to report the sales prices of liquefied petroleum gas specified in paragraph (1) must report, as well as the details, methods, and deadline for reporting shall be as specified in attached Table 2.
(3) The Minister of Trade, Industry and Energy shall disclose the sales prices of liquefied petroleum gas reported under paragraphs (1) and (2) according to the following classifications:
1. Liquefied petroleum gas exporters or importers: The average monthly sales price of all liquefied petroleum gas exporters or importers: Provided, That in cases of liquefied petroleum gas exporters or importers who sell a quantity exceeding that prescribed by Ordinance of the Ministry of Trade, Industry and Energy, the Minister shall also disclose the average monthly sales price of each liquefied petroleum gas exporter or importer;
2. Liquefied petroleum gas filling business entities: The average sales price of all liquefied petroleum gas filling business entities, as well as the normal sales price (referring to the undiscounted or non-premium sales price given under separate conditions of transactions; hereinafter the same shall apply) of each liquefied petroleum gas filling business entity;
3. Collective suppliers of liquefied petroleum gas: The average monthly sales price of all collective suppliers of liquefied petroleum gas, as well as the normal sales price of each collective supplier of liquefied petroleum gas;
4. Liquefied petroleum gas dealers: The average monthly sales price of all liquefied petroleum gas dealers, as well as the normal sales price of each liquefied petroleum gas dealer.
(4) The types of liquefied petroleum gas for each person subject to disclosing the sales prices under paragraph (3) as well as the details, time, and methods of disclosure shall be as specified in attached Table 3.
(5) The Minister of Trade, Industry and Energy shall entrust his or her duties relating to reporting and disclosing the sales prices of liquefied petroleum gas under Article 58 (1) and (2) of the Act to Korea National Oil Corporation established under the Korea National Oil Corporation Act (hereinafter referred to as "Korea National Oil Corporation").
(6) Except as provided in paragraphs (1) through (4), matters necessary for reporting on and disclosing the sales prices of liquefied petroleum gas and other necessary matters shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
 Article 32 (Delegation and Entrustment of Authority)
(1) The Minister of Trade, Industry and Energy shall delegate the authority to impose administrative fines under Article 73 (3) 5 of the Act to the head of a Si/Gun/Gu, pursuant to Article 61 (1) of the Act.
(2) A Mayor/Do Governor (excluding the Special Self-Governing City Mayor and the Special Self-Governing Province Governor; hereafter in this paragraph, the same shall apply) shall delegate authority for the following matters to the head of a Si/Gun/Gu (excluding the Special Self-Governing City Mayor and the Special Self-Governing Province Governor; hereafter in this paragraph, the same shall apply) pursuant to Article 61 (1) of the Act: Provided, That this shall not apply where a Mayor/Do Governor has not delegated affairs regarding motor vehicle registration to the head of a Si/Gun/Gu under Article 17 (3) of the Enforcement Decree of the Motor Vehicle Management Act:
1. Securing the names (referring to the names of the relevant corporation and its representative if the owner is a corporation), addresses, and contact details of the owners or drivers of motor vehicles that use liquefied petroleum gas as a fuel under Article 42 (1) of the Act;
2. Providing data to Korea Gas Safety Corporation under Article 42 (2) of the Act.
(3) The Minister of Trade, Industry and Energy, a Mayor/Do Governor, or the head of a Si/Gun/Gu (excluding the Special Self-Governing City Mayor and the Special Self-Governing Province Governor) shall entrust the following duties to Korea Gas Safety Corporation pursuant to Article 61 (2) of the Act:
1. Verifying and evaluating whether the safety control regulations are observed under Article 31 (6) of the Act;
2. Receiving copies of as-built drawings under Article 35 (4) of the Act;
3. Conducting safety verifications under Article 36 (1) of the Act;
4. Conducing final inspections under Article 36 (2) of the Act;
5. Conducting regular inspections and occasional inspections under the main sentence of Article 37 (1) of the Act;
6. Inspecting imported gas appliances under the main sentence of Article 39 (1) of the Act;
7. Collecting and inspecting gas appliances on the market under Article 40 (2) of the Act;
8. Conducting safety education under Article 41 (1) of the Act;
9. Giving notice to persons subject to safety education under Article 43 (1) of the Act;
10. Conducting final inspections of facilities using liquefied petroleum gas under Article 44 (2) of the Act;
11. Issuing orders to take measures necessary to prevent harm under Article 48 (1) of the Act;
12. Issuing orders, pursuant to Article 48 (2) of the Act, to suspend the use of facilities for filling, collective supply, sale, places of business, entrusted transportation, storage, or use, of liquefied petroleum gas; or the use of containers or gas appliances;
13. Providing guidance on and verifying inspections conducted by inspection agencies designated under Article 35 of the High-Pressure Gas Safety Control Act.
(4) The Minister of Trade, Industry and Energy or the head of a Si/Gun/Gu shall entrust the relevant institution with the following duties classified as follows, pursuant to Article 61 (3) of the Act:
1. Quality inspections of liquefied petroleum gas under Article 27 (2) of the Act: A quality inspection institution designated pursuant to Article 25 (1) of the Petroleum and Alternative Fuel Business Act;
2. Inspections of gas appliances under the main sentence of Article 39 (1) of the Act (excluding inspections of any imported gas appliances): Korea Gas Safety Corporation;
3. Regular inspections of facilities using liquefied petroleum gas under Article 44 (4) of the Act: Korea Gas Safety Corporation.
(5) Pursuant to Article 61 (4) of the Act, the Minister of Trade, Industry and Energy shall entrust the duties of receiving applications for registering, and for registering changes of, liquefied petroleum gas export or import business (including conditional registration under Article 18 of the Act) as well as verifying the details of applications therefor, to the Korea Petroleum Quality and Distribution Authority established under Article 25-2 of the Petroleum and Alternative Fuel Business Act.
(6) The Minister of Trade, Industry and Energy, a Mayor/Do Governor, or the head of a Si/Gun/Gu (excluding the Special Self-Governing City Mayor and the Special Self-Governing Province Governor) shall supervise persons delegated or entrusted with the duties pursuant to paragraphs (2) through (5), regarding such duties.
 Article 32-2 (Management of Personally Identifiable Information)
If it is inevitable for conducting the following affairs, the Minister of Trade, Industry and Energy (including persons entrusted with the authority of the Minister of Trade, Industry and Energy under Article 32), a Mayor/Do Governor, or the head of a Si/Gun/Gu (including persons delegated or entrusted with the relevant authority if the authority is delegated or entrusted) may manage data containing resident registration numbers or alien registration numbers referred to in Article 19 of the Enforcement Decree of the Personal Information Protection Act:
1. Affairs regarding permission to conduct business, etc. under Article 5 of the Act;
2. Affairs regarding permission to build liquefied petroleum gas storage facilities under Article 8 of the Act;
3. Affairs regarding registration, etc. of entrusted business of transporting liquefied petroleum gas under Article 9 of the Act;
4. Affairs regarding reporting succession to the status of liquefied petroleum gas business entities, etc. under Article 12 of the Act;
5. Affairs regarding registration, etc. of liquefied petroleum gas export or import business under Article 17 of the Act;
6. Affairs regarding conditional registration of liquefied petroleum gas export or import business under Article 18 of the Act;
7. Affairs regarding safety education under Article 41 of the Act.
[This Article Newly Inserted by Presidential Decree No. 27960, Mar. 27, 2017]
 Article 33 (Re-Examination of Regulation)
The Minister of Trade, Industry and Energy shall examine the appropriateness of the following matters every three years, counting from each base date specified in the following (referring to the period that ends on the day immediately preceding every third anniversary of the base date) and shall take measures, such as making improvements:
1. The requirements for registering liquefied petroleum gas export or import business referred to in Article 8: January 1, 2015;
2. Persons who must report the sales prices of liquefied petroleum gas under Article 31 (1): January 1, 2015;
3. The types of liquefied petroleum gas to be reported, as well as the details of, and methods and deadline for, reporting under Article 31 (2) and attached Table 2: January 1, 2015;
4. The types of liquefied petroleum gas for each person subject to disclosing the sales prices under Article 31 (3) and (4) and attached Table 3, as well as the details and time of disclosure: January 1, 2015;
5. The criteria for imposing administrative fines under Article 34 and attached Table 4: January 1, 2015.
 Article 34 (Criteria for Imposing Administrative Fines)
The criteria for imposing administrative fines under Article 73 (6) of the Act shall be as specified in attached Table 4.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on July 29, 2015.
Article 2 (Transitional Measures concerning Liquefied Petroleum Gas Filling Business Entities)
(1) A person who has obtained permission to conduct the business of filling motor vehicle containers under the previous provisions of Article 2 (1) 1 (b) as of November 25, 2011, which is the date the Enforcement Decree of the Safety Control and Business of Liquefied Petroleum Gas Act (Presidential Decree No. 23311) enters into force, shall be deemed to have obtained permission to conduct the business of filling containers fitted to motor vehicles under the amended provisions of Article 3 (1) 1 (b).
(2) A person engaging in the business of filling storage tanks through pipelines as of November 25, 2011, which is the date the Enforcement Decree of the Safety Control and Business of Liquefied Petroleum Gas Act (Presidential Decree No. 23311) enters into force, among persons who have obtained permission to conduct the liquefied petroleum gas filling business under the previous provisions of Article 2 (1) 1, shall be deemed to have obtained permission to conduct the business of filling storage tanks through pipelines under Article 3 (1) 1 (f).
Article 3 (Transitional Measures concerning Permission to Conduct Liquefied Petroleum Gas Sales Business)
(1) A person who has obtained permission to conduct the business selling liquefied petroleum gas filled in containers under the previous provisions of Article 2 (2) 2 as of July 22, 2014, which is the date the Enforcement Decree of the Safety Control and Business of Liquefied Petroleum Gas Act (Presidential Decree No. 25492) enters into force, shall be deemed to have obtained permission to conduct the container sales business under the amended provisions of Article 3 (1) 4 (a).
(2) A person who has obtained permission to conduct the business of selling liquefied petroleum gas filled in containers or liquefied petroleum gas filled in bulk lorries under the previous provisions of Article 2 (2) 2 as of July 22, 2014, which is the date the Enforcement Decree of the Safety Control and Business of Liquefied Petroleum Gas Act (Presidential Decree No. 25492) enters into force, shall be deemed to have obtained permission to conduct the business of selling containers and tanks fitted to motor vehicles under the amended provisions of Article 3 (1) 4 (b).
Article 4 Omitted.
Article 5 (Relationship to Other Statutes or Regulations)
Any citation of any provisions of the previous Enforcement Decree of the Safety Control and Business of Liquefied Petroleum Gas Act in any other statute or regulation as at the time this Decree enters into force, shall be deemed a citation of the corresponding provisions of this Decree in lieu of the previous provisions, if such corresponding provisions exist herein.
ADDENDUM <Presidential Decree No. 26826, Dec. 30, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27237, Jun. 21, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 7, 2016.
Article 2 (Transitional Measures concerning Deputies to Safety Officers)
A person designated as a deputy to a safety officer under the previous provisions before this Decree enters into force, may act for the safety officer during a specified period, notwithstanding the amended provisions of Article 16 (5) 3.
ADDENDUM <Presidential Decree No. 27629, Nov. 29, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 28692, Mar. 6, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Criteria for Imposing Administrative Fines)
A disposition for imposing an administrative fine for a violation committed before this Decree enters into force, shall be included in calculating the number of violations under the amended provisions of subparagraph 1 (a) and (b) of attached Table 4 and subparagraph 2 (j) of attached Table 4.