HIGH-PRESSURE GAS SAFETY CONTROL ACT
Wholly Amended by Act No. 3703, Dec. 31, 1983
Amended by Act No. 4541, Mar. 6, 1993
Act No. 4625, Dec. 27, 1993
Act No. 4966, Aug. 4, 1995
Act No. 5184, Dec. 12, 1996
Act No. 5454, Dec. 13, 1997
Act No. 5453, Dec. 13, 1997
Act No. 5505, Jan. 13, 1998
Act No. 5828, Feb. 8, 1999
Act No. 6419, Feb. 3, 2001
Act No. 6581, Dec. 31, 2001
Act No. 6676, Mar. 25, 2002
Act No. 7240, Oct. 22, 2004
Act No. 7504, May 26, 2005
Act No. 8183, Jan. 3, 2007
Act No. 8452, May 17, 2007
Act No. 8486, May 25, 2007
Act No. 8763, Dec. 21, 2007
Act No. 8852, Feb. 29, 2008
Act No. 8863, Feb. 29, 2008
Act No. 9679, May 21, 2009
Act No. 10248, Apr. 12, 2010
Act No. 10705, May 24, 2011
Act No. 11140, Dec. 31, 2011
Act No. 11690, Mar. 23, 2013
Act No. 11998, Aug. 6, 2013
Act No. 12154, Jan. 1, 2014
Act No. 12283, Jan. 21, 2014
Act No. 13089, Jan. 28, 2015
Act No. 13079, Jan. 28, 2015
Act No. 13728, Jan. 6, 2016
Act No. 14079, Mar. 22, 2016
Act No. 14308, Dec. 2, 2016
Act No. 14989, Oct. 31, 2017
Act No. 15505, Mar. 20, 2018
Act No. 15864, Dec. 11, 2018
Act No. 16935, Feb. 4, 2020
Act No. 17091, Mar. 24, 2020
The purpose of this Act is to provide for matters pertaining to the production, storage, sale, transportation and use of high-pressure gas as well as the manufacture, inspection, etc. of containers, refrigerators and specific equipment for high-pressure gas, etc., and basic matters regarding gas safety in order to prevent hazards caused by high-pressure gas, etc. and to secure public safety. <Amended on Jan. 21, 2014>
[This Article Wholly Amended on Dec. 21, 2007]
| Article 2 (Scope of Application) |
The type and scope of high-pressure gas governed by this Act shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 21, 2007]
The terms used in this Act are defined as follows: <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 31, 2017; Feb. 4, 2020>
| 1. | The term "storage place" means a fixed place where high-pressure gas of the amount in conformity with or over the standard prescribed by Ordinance of the Ministry of Trade, Industry and Energy is stored in containers or in storage tanks; |
| 2. | The term "container" means a transportable thing (including accessories) for filling with high-pressure gas; |
| 2-2. | The term "tank fixed to a vehicle" means a tank fixedly installed on a vehicle for conveyance and transportation of high-pressure gas; |
| 3. | The term "storage tank" means a thing settled in a fixed place for storing high-pressure gas; |
| 4. | The term "refrigerator" means a piece of equipment which uses high pressure gas for freezing materials and has a freezing capacity in conformity with or over the standard prescribed by Ordinance of the Ministry of Trade, Industry and Energy; |
| 4-2. | The term "safety equipment" means a gas detector and any other safety device installed and used in facilities for producing, storing, selling, transporting or using high-pressure gas, as well as valves and other components thereof, which are prescribed by Ordinance of the Ministry of Trade, Industry and Energy (excluding specified equipment defined in subparagraph 5); |
| 5. | The term "specified equipment" means a storage tank or a piece of equipment for high-pressure gas prescribed by Ordinance of the Ministry of Trade, Industry and Energy; |
| 6. | The term “close safety examination” means any activity by a specialized gas safety control institution for the purpose of preventing large gas accidents by checking outworn high-pressure gas production facilities under suspension using high-tech equipment and technology on a regular basis in order to identify potential hazards and the causes of such hazards and provide methods to remove the identified potential hazards and their causes. |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 3-2 (Development of Master Plans for Gas Safety Control) |
| (1) | The Minister of Trade, Industry and Energy shall develop and implement a master plan for gas safety control (hereinafter referred to as “master plan”) every five years to prevent hazards caused by gas and to control systematic gas safety. |
| (2) | Master plans shall include each of the following: |
| 2. | Matters related to the improvement of safety control systems for high-pressure gas, etc.; |
| 3. | Matters related to training and campaigning as well as inspections and diagnosis for preventing incidents caused by high-pressure gas, etc.; |
| 4. | Matters related to the research and development of policies and technologies for the safety control of high-pressure gas, etc.; |
| 5. | Other matters necessary for the safety control of high-pressure gas, etc. |
| (3) | When the Minister of Trade, Industry and Energy intends to develop or modify a master plan, he or she shall have prior consultation with the head of a relevant central administrative agency, and submit the relevant matters for deliberation by the Energy Committee established under Article 9 (1) of the Energy Act: Provided, That prior consultation and deliberation may be omitted where modifying minor matters prescribed by Presidential Decree. |
| (4) | If necessary for developing, modifying or implementing a master plan, the Minister of Trade, Industry and Energy may request relevant data or cooperation from the head of a relevant central administrative agency; the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as a "Mayor/Do Governor"), or the head of a public institution referred to in Article 4 of the Act on the Management of Public Institutions. In such cases, the person in receipt of such request shall comply therewith except in extenuating circumstances. |
| (5) | When the Minister of Trade, Industry and Energy develops or modifies a master plan, he or she shall notify the head of a relevant central administrative agency, Mayor/Do Governor, and the head of a public institution (limited to the public institutions which perform the duties related to gas safety) referred to in Article 4 of the Act on the Management of Public Institutions thereof, and make a public announcement (including Internet posting) thereof. |
| (6) | Matters necessary for the development, modification, and implementation of a master plan under paragraphs 1 through 5 shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 21, 2014]
| Article 3-3 (Research and Development Projects on Safety Technologies and Standards for High-Pressure Gas) |
| (1) | The Minister of Trade, Industry and Energy may require any of the following institutions or organizations to conduct research and development projects on safety technologies and standards for high-pressure gas, etc.: <Amended on Mar. 22, 2016> |
| 1. | The Korea Gas Safety Corporation established under Article 28 (1); |
| 2. | National or public research institutes; |
| 3. | Universities, colleges, industrial colleges, junior colleges, and technical colleges prescribed in the Higher Education Act; |
| 7. | Corporate research institutes in the field of gas safety established under the Civil Act or other statutes, or corporation-affiliated research institutes; |
| 8. | Other institutions or organizations engaged in the research and development of technologies and standards for gas safety, which are prescribed by Ordinance of the Ministry of Trade, Industry and Energy. |
| (2) | The Minister of Trade, Industry and Energy may render financial support necessary for the research and development prescribed in paragraph (1). |
[This Article Newly Inserted on Jan. 21, 2014]
| Article 4 (Permission for Production of High-Pressure Gas) |
| (1) | Any person who intends to produce (or fill containers or tanks fixed to vehicles with; hereinafter the same shall apply) high-pressure gas shall obtain permission for each place of production from the competent Special Self-Governing City Mayor, the Governor of the competent Special Self-Governing Province or the head of the competent 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”). The foregoing shall also apply where he or she intends to modify any important matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy among the matters so permitted. <Amended on Feb. 29, 2008; May 21, 2009; Mar. 23, 2013; Jan. 21, 2014; Feb. 4, 2020> |
| (2) | Notwithstanding paragraph (1), any person who intends to produce high-pressure gas of a type prescribed by Presidential Decree and of a scale in conformity with the standards prescribed by Presidential Decree shall file a report to the head of the competent Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. The foregoing shall also apply where he or she intends to modify any important matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy among the matters so reported. <Amended on Feb. 29, 2008; May 21, 2009; Mar. 23, 2013> |
| (3) | The head of a Si/Gun/Gu in receipt of a report filed under paragraph (2) shall notify the relevant applicant of acceptance or rejection of the report within two days of receipt of the report. <Newly Inserted on Mar. 20, 2018> |
| (4) | Where the head of a Si/Gun/Gu fails to notify the applicant of acceptance or rejection of his or her report or an extension of the processing period permitted under statutes or regulations related to handling civil petitions within the period prescribed in paragraph (3), such report shall be deemed accepted on the day following the end of the processing period (when the processing period is extended or re-extended pursuant to statutes or regulations related to handling civil petitions, referring to the relevant processing period). <Newly Inserted on Mar. 20, 2018> |
| (5) | Any person who intends to establish a storage place or to sell high-pressure gas shall obtain permission for each storage place or store from the head of the competent Si/Gun/Gu. The foregoing shall also apply where he or she intends to modify any important matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy among the matters so permitted. <Amended on Feb. 29, 2008; May 21, 2009; Mar. 23, 2013; Mar. 20, 2018> |
| (6) | Types and scope of, and standards for permission under paragraphs (1) and (5) shall be prescribed by Presidential Decree; facility standards and technical standards necessary for producing, storing and selling high-pressure gas shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 20, 2018> |
| (7) | The authorities that grant permission or receive reports under paragraphs (1) through (5) shall notify the chief of the competent fire station of the details of such permission or reports within seven days. <Amended on Mar. 20, 2018> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 5 (Registration for Manufacturing Containers, Refrigerators, and Specified Equipment) |
| (1) | Any person who intends to manufacture containers, refrigerators or specified equipment (hereinafter referred to as "container, etc.") shall register with the head of a Si/Gun/Gu. The same shall apply where he or she intends to modify any important matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy among the matters so registered. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | Standards for, and scope of registration under paragraph (1) shall be prescribed by Presidential Decree; and facility standards and technical standards necessary for manufacturing containers, etc. shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | No one other than the following persons shall repair containers, etc.: <Newly Inserted on Jan. 21, 2014; Jan. 28, 2015> |
| 1. | A person who has obtained permission to produce high-pressure gas under Article 4; |
| 2. | A person registered as a manufacturer of containers, etc. under paragraph (1); |
| 3. | A designated inspection agency for inspecting containers, etc. under Article 35; |
| 5. | A person registered to run a motor vehicle management business (limited to the motor vehicle maintenance business) under Article 53 of the Motor Vehicle Management Act, who is equipped with the residual gas recovery system necessary for repairing accessories and parts fitted to the liquefied petroleum gas container of motor vehicles; |
| 6. | A person prescribed by Presidential Decree, who is equivalent to those provided for in subparagraphs 1 through 5. |
| (4) | When the owner or occupant of a container, etc., intends to repair the container, etc., he or she shall authorize a person referred to in the subparagraphs of paragraph (3) to repair it. <Amended on Jan. 21, 2014> |
| (5) | Where a person referred to in the subparagraphs of paragraph (3) repairs a container, etc., such repair work shall be supervised by a person qualified for each type of containers, etc. as prescribed by Presidential Decree. <Newly Inserted on Jan. 21, 2014> |
| (6) | Standards for, and scope of, repairing containers, etc. shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 21, 2014> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 5-2 (Registration of Containers Manufactured in Foreign Countries) |
| (1) | Any person who intends to manufacture containers, etc. in any foreign country to export them to the Republic of Korea shall file for registration with the Minister of Trade, Industry and Energy. The same shall apply where he or she intends to modify any important matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy among the matters so registered. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | Any person who has completed registration under paragraph (1) (hereinafter referred to as "manufacturer of foreign containers, etc.") shall file for re-registration on a regular basis for each period prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | Standards for, and scope of registration, such as the technical capability of a person intending to complete registration under paragraph (1) or re-registration under paragraph (2) shall be prescribed by Presidential Decree; and facility standards and technical standards necessary for manufacturing containers, etc. and other matters necessary for registration shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 5-3 (Registration of High-Pressure Gas Importers) |
| (1) | Any person who intends to run a high-pressure gas import business shall file for registration with the head of a Si/Gun/Gu. The same shall also apply where he or she intends to modify any important matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy among the matters so registered. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | Standards for, and scope of registration under paragraph (1) shall be prescribed by Presidential Decree, and facility standards and technical standards necessary for running import businesses shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 5-4 (Registration of High-Pressure Gas Transporters) |
| (1) | Any person who intends to transport high-pressure gas using high-pressure gas transport vehicles shall file for registration with the head of a Si/Gun/Gu. The same shall also apply where he or she intends to modify important matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy among the matters so registered. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | Standards for, and scope of registration under paragraph (1) shall be prescribed by Presidential Decree, and facility standards and technical standards necessary for high-pressure gas transport vehicles shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 6 (Grounds for Disqualification) |
None of the following persons may obtain permission pursuant to Article 4, file for registration pursuant to Articles 5, 5-3 and 5-4, or file a report pursuant to Article 4: Provided, That the foregoing shall not apply to any person who intends to produce high-pressure gas using a refrigerator or any person who intends to establish a storage place, among persons who intend to produce high-pressure gas: <Amended on May 21, 2009; Jan. 21, 2014; Jan. 6, 2016; Mar. 20, 2018> | 1. | A person under adult guardianship; |
| 2. | A person declared bankrupt and not yet reinstated; |
| 3. | A person who has been sentenced to imprisonment with labor or any heavier punishment for violating Article 172, 172-2, 173, 173-2, 174 (excluding attempts of Articles 164 (1), 165 and 166 (1)), or 175 (excluding any person who prepares or conspires for the purpose of committing a crime provided for in Articles 164 (1), 165 and 166 (1)) of the Criminal Act, the Safety Control and Business of Liquefied Petroleum Gas Act, the Urban Gas Business Act or this Act, and for whom two years have not passed since he or she completed the execution (including where he or she is deemed to have completed the execution) or was exempt from execution; |
| 5. | A person for whom two years have not passed since his or her permission or registration was revoked under Article 9 or his or her place of business was closed (excluding where his or her permission or registration was revoked or his or her place of business was closed due to grounds for disqualification prescribed in subparagraph 1 or 2); |
| 6. | A corporation, the representative of which is a person referred to in any of subparagraphs 1 through 5. |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 7 (Reporting on Commencement of Business) |
Where any person who has obtained permission or filed a report under Article 4, or any person who has completed registration under Article 5, 5-3 or 5-4 (hereinafter referred to as "business entity, etc.") intends to commence, suspend for a certain period, or discontinue the relevant business or the use of storage place, he or she shall file a prior report thereon to the government office that grants permission under Article 4 (hereinafter referred to as "permitting authorities"), the government office that receives reports under Article 4 (hereinafter referred to as "report-receiving authorities"), or the government office that receives registrations under Article 5, 5-3 or 5-4 (hereinafter referred to as "registration authorities"), as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. The same shall also apply where he or she intends to resume the suspended business or the use of storage place. <Amended on Feb. 29, 2008; Mar. 23, 2013> [This Article Wholly Amended on Dec. 21, 2007]
| (1) | When a business entity, etc. deceases or transfers his or her business or storage place, or a corporate business entity, etc. merges with any third business entity, etc., the successor to or transferee of such business or storage place or a corporation surviving a merger or a corporation established in the course of a merger shall succeed to the status of the business entity, etc. |
| (2) | Anyone who succeeds to the status of a business entity, etc. pursuant to paragraph (1) shall file a report thereon to the permitting authorities, report-receiving authorities, or the registration authorities, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | Article 6 shall apply mutatis mutandis to successors under paragraph (1). In such cases, "permission" shall be construed as "succession". |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 9 (Revocation of Permission or Registration) |
| (1) | Where any of the following events occurs in relation to a business entity, etc., the permitting authorities, registration authorities or report-receiving authorities may revoke the relevant permission or registration; or may order the business entity, etc. to close its place of business (limited to business entities who have filed reports; hereafter in this Article the same shall apply) or to suspend or restrict its business or the use of its storage place for a specified period not exceeding six months: Provided, That where subparagraph 1, 3, 5 or 43 applies to the business entity, etc., the permitting authorities, registration authorities or report-receiving authorities shall revoke the relevant permission or registration; or shall order the closure of the relevant place of business: <Amended on Feb. 29, 2008; May 21, 2009; Mar. 23, 2013; Jan. 21, 2014; Jan. 28, 2015; Mar. 20, 2018; Dec. 11, 2018; Feb. 4, 2020> |
| 1. | Where the business entity, etc. obtain permission prescribed in Article 4 (1) or (5), file a report prescribed in paragraph (2) of the same Article, or file for registration prescribed in Article 5, 5-3 or 5-4 by fraud or other improper means; |
| 2. | Where the business entity, etc. fail to start its business or the use of a storage place within one year from the date the business entity, etc. have obtained permission or completed registration, or discontinues its business or the use of a storage place for one year or more without just cause; |
| 3. | Where the business entity, etc. cause serious harm to the public or users by intention or negligence; |
| 4. | Where the business entity, etc. fail to meet any of the permission standards under Article 4 or the registration standards under Article 5, 5-3, or 5-4; |
| 5. | Where the business entity, etc. fall under any subparagraphs of Article 6: Provided, That the foregoing shall not apply where the representative of a corporation falls under any subparagraphs of Article 6 and such representative is replaced within three months and where the heir transfers the relevant business to any third person within six months from the date of death of his or her decedent; |
| 6. | Where the business entity, etc. fail to conduct a safety inspection, in violation of Article 10 (1), or fail to provides users with guidance on matters necessary for prevention of hazards; |
| 7. | Where the business entity, etc. fail to require a user to improve his or her facilities, in violation of Article 10 (2); |
| 8. | Where the business entity, etc. fail to suspend the supply of high-pressure gas, or fail to report the suspension of supply, in violation of Article 10 (3); |
| 9. | Where the business entity, etc. fail to comply with an order to improve facilities issued under Article 10 (4); |
| 10. | Where the qualifications and number of safety inspectors, inspection equipment, inspection standards, etc. referred to in Article 10 (5) fail to meet standards; |
| 11. | Where the business entity, etc. fail to submit safety control regulations, in violation of Article 11 (1); |
| 12. | Where the business entity, etc. fail to include the manufacturing processes, self-inspection methods, etc. in safety control regulations, in violation of Article 11 (3); |
| 13. | Where the business entity, etc. fail to comply with an order to amend safety control regulations issued under Article 11 (4); |
| 14. | Where the business entity, etc. fail to observe safety control regulations, or fails to prepare or keep the records of implementing the same, in violation of Article 11 (5); |
| 15. | Where the business entity, etc. fail to place a mark, in violation of Article 11-2; |
| 16. | Where the business entity, etc. fail to comply with the facility standards and technical standards, in violation of Article 13 (1); |
| 17. | Where the business entity, etc. fill gas in containers which do not meet the inspection standards, in violation of Article 13 (2); |
| 18. | Where the business entity, etc. fail to safely maintain and control containers, in violation of Article 13 (4); |
| 18-2. | Where the business entity, etc. fail to complete and preserve the records of filling and sale, in violation of Article 13 (5); |
| 19. | Where the business entity, etc. fail to comply with an order to amend a safety improvement plan issued under Article 13-2 (2); |
| 20. | Where the business entity, etc. fail to conscientiously implement a safety improvement plan, in violation of Article 13-2 (3); |
| 21. | Where the business entity, etc. fail to appoint a safety manager, in violation of Article 15 (1); |
| 22. | Where the business entity, etc. fail to file a report or appoint another safety control manager, in violation of Article 15 (3); |
| 23. | Where the business entity, etc. fail to appoint an agent to act for a safety manager, in violation of Article 15 (4); |
| 24. | Where the business entity, etc. fail to follow an instruction of a safety manager under Article 15 (5); |
| 25. | Where the business entity, etc. fail to undergo an interim inspection, in violation of Article 16 (1); |
| 26. | Where the business entity, etc. fail to undergo supervision, in violation of Article 16 (2); |
| 27. | Where the business entity, etc. use a facility that has failed a completion inspection, in violation of Article 16 (3); |
| 28. | Where the business entity, etc. fail to use facilities by the specified method of use within a designated period, in violation of the latter part of Article 16 (4); |
| 29. | Where the business entity, etc. fail to prepare and keep the construction records and as-built drawings, in violation of Article 16 (5); |
| 30. | Where the business entity, etc. fail to undergo an inspection, in violation of Article 16-2 (1); |
| 31. | Where the business entity, etc. fail to undergo a periodic close safety examination, in violation of Article 16-3 (1); |
| 32. | Where the business entity, etc. fail to undergo an inspection, in violation of Article 17 (1); |
| 33. | Where the business entity, etc. fail to undergo a re-inspection, in violation of Article 17 (2); |
| 34. | Where the business entity, etc. transfer, rent, or use a container, etc. or display a container, etc. for sale without undergoing an inspection or re-inspection, in violation of Article 17 (5); |
| 35. | Where the business entity, etc. fail to inform that the business entity, etc. manufacture or import containers, etc., in violation of Article 17 (7); |
| 36. | Where the business entity, etc. fail to comply with a recall order, etc. issued under Article 18 (2) or (3); |
| 36-2. | Where the business entity, etc. sell or deliver high-pressure gas failing to meet the quality standards, or store, transport, or keep such gas for sale or delivery, in violation of Article 18-2 (3); |
| 36-3. | Where the business entity, etc. fail to undergo a quality inspection of high-pressure gas under Article 18-3 (1), or refuse, interfere with, or evade a quality inspection conducted under Article 18-3 (2); |
| 36-4. | Where the business entity, etc. fail to verify matters specified in any subparagraph of Article 20 (6) when supplying specified high-pressure gas, in violation of Article 20 (6); |
| 36-5. | Where the business entity, etc. fail to suspend the supply of specified high-pressure gas or fail to report on the suspension thereof, in violation of Article 20 (7); |
| 37. | Where the business entity, etc. fail to comply with the standards prescribed by Ordinance of the Ministry of Trade, Industry and Energy, in violation of Article 22 (1); |
| 38. | Deleted; < May 24, 2011> |
| 39. | Deleted; < May 24, 2011> |
| 40. | Where the business entity, etc. fail to comply with an order to take a measure issued under Article 24 (1); |
| 41. | Where the business entity, etc. fail to comply with an order to transfer, suspend, or restrict the use of facilities, or dispose of gas issued under Article 24 (2); |
| 42. | Where the business entity, etc. fail to purchase an insurance policy, in violation of Article 25 (1); |
| 43. | Where the business entity, etc. operate its business or use its storage place during a period for suspending or restricting the business or a period for suspending or restricting the use of the storage place. |
| (2) | Standards for taking a disposition against each violation referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy, taking the circumstances and severity of such violation into account. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 9-2 (Penalty Surcharges) |
| (1) | The permitting authorities or registration authorities may impose a penalty surcharge up to 40 million won in lieu of an order to suspend or restrict the business or the use of a storage place pursuant to Article 9. <Amended on Jan. 28, 2015> |
| (2) | Types of violations subject to penalty surcharges, the amount of penalty surcharges depending on the severity of each violation under paragraph (1), and other necessary matters shall be prescribed by Presidential Decree. |
| (3) | When a business entity fails to pay a penalty surcharge imposed under paragraph (1) by the due date, the relevant permission-granting authority or registration authority shall collect such penalty surcharge pursuant to the Act on the Collection, etc. of Local Administrative Penalty Charges. <Amended on Aug. 6, 2013; Mar. 24, 2020> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 9-3 (Revocation of Registration of Manufacturers of Foreign Containers) |
If any of the following applies to a manufacturer of foreign containers, etc. or any person who has obtained re-registration under Article 5-2 (2), the Minister of Trade, Industry and Energy may either revoke the registration or restrict any importation of such containers, etc. to the Republic of Korea for a given period not exceeding six months: <Amended on Feb. 29, 2008; May 21, 2009; Mar. 23, 2013> | 1. | Where he or she obtains registration under Article 5-2 by fraud or other improper means; |
| 2. | Where he or she fails to meet the registration standards under Article 5-2; |
| 4. | Where the business entity, etc. fail to inform that the business entity, etc. manufacture or import containers, etc., in violation of Article 17 (7); |
| 5. | Where the business entity, etc. fail to comply with a recall order, etc. issued under Article 18 (2) or (3); |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 10 (Obligations of Suppliers) |
| (1) | Where any person who has obtained permission to produce high-pressure gas or has reported the production thereof pursuant to Article 4 (1) or (2) (hereinafter referred as "high-pressure gas producer") or any person who has obtained permission to sell high-pressure gas pursuant to Article 4 (5) (hereinafter referred to as "high-pressure gas seller") supplies high-pressure gas to a user, he or she shall conduct a safety inspection on the user’s facilities; and shall provide the user with guidance on matters necessary for prevention of hazards, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Feb. 29, 2008; May 21, 2009; Mar. 23, 2013; Mar. 20, 2018> |
| (2) | Where a high-pressure gas producer or high-pressure gas seller identifies any improvement to be made with respect to a user’s facilities as a result of a safety inspection under paragraph (1), he or she shall instruct the user to improve the relevant facilities. |
| (3) | When a high-pressure gas user fails to improve his or her facilities, a high-pressure gas producer or high-pressure gas seller shall suspend supply of high-pressure gas to the user; and shall, without delay, report thereon to the head of the competent Si/Gun/Gu. |
| (4) | In receipt of a report under paragraph (3), the head of a Si/Gun/Gu shall order the relevant user to improve his or her facility. |
| (5) | The qualifications and number of safety inspectors, inspection equipment and inspection standards under paragraph (1) and other matters shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 11 (Safety Control Regulations) |
| (1) | Each business entity, etc. shall establish safety control regulations stipulating matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy with respect to the safety maintenance of facilities for manufacture, storage or sale of high-pressure gas or facilities for manufacturing containers, etc. and shall submit the safety control regulations to the permitting authorities, report-receiving authorities, or the registration authorities before commencing his or her business or using a storage place. In such cases, such regulations shall be accompanied by a written opinion of the Korea Gas Safety Corporation under Article 28. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | Business entities, etc. prescribed by Presidential Decree shall give priority to safety in all business activities, such as management policies, organizational control, data and information management, facility supervision, and safety education for employees, and shall include matters necessary for ensuring comprehensive safety thereby in safety control regulations under paragraph (1). |
| (3) | Any person who has completed registration under Article 5 shall include his or her manufacturing processes, self-inspection methods, etc., of containers, etc., in safety control regulations under paragraph (1). |
| (4) | When deemed necessary for ensuring safety, the permitting authorities, report-receiving authorities, or the registration authorities may issue an order to amend safety control regulations under paragraph (1). |
| (5) | Any person who submits safety control regulations under paragraph (1) and his or her employees shall observe the safety control regulations, and shall prepare and keep the records of implementing the safety control regulations. |
| (6) | The permitting authorities, report-receiving authorities, or the registration authorities shall verify whether business entities, etc. and their employees comply with safety control regulations under paragraph (1) and shall conduct evaluation thereof, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (7) | Guidelines for preparing safety control regulations under paragraph (1) and the method for presenting the opinions of the Korea Gas Safety Corporation under Article 28 shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 11-2 (Marking on Containers) |
Any person who manufactures or imports containers, etc. (including manufacturers of foreign containers, etc.) shall place a mark determined by Ordinance of the Ministry of Trade, Industry and Energy, including the date of manufacture and the name of manufacturers on containers, etc. <Amended on Feb. 29, 2008; Mar. 23, 2013>
[This Article Wholly Amended on Dec. 21, 2007]
| Article 12 Deleted. <Feb. 8, 1999> |
| Article 13 (Maintaining Safety of Facilities and Containers) |
| (1) | Each business entity, etc. shall comply with the facility standards and technical standards prescribed in Article 4 (6), 5 (2), 5-3 (2) or 5-4 (2). <Amended on Dec. 21, 2007; Mar. 20, 2018; Feb. 4, 2020> |
| (2) | To fill containers with high-pressure gas, each high-pressure gas producer shall first inspect the safety of containers, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy, and fill containers that meet the inspection standards with high-pressure gas. <Amended on Dec. 21, 2007; Feb. 29, 2008; Mar. 23, 2013> |
| (3) | Deleted. <Feb. 8, 1999> |
| (4) | Each high-pressure gas producer or high-pressure gas seller shall maintain and control containers safely, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Dec. 21, 2007; Feb. 29, 2008; Mar. 23, 2013> |
| (5) | Where a high-pressure gas producer fills containers with high-pressure gas, or a high-pressure gas seller sells high-pressure gas filled in containers, he or she shall prepare and preserve the records of filling and sale, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Newly Inserted on Jan. 21, 2014> |
[Title Amended on Dec. 21, 2007]
| Article 13-2 (Safety Evaluation) |
| (1) | Each business entity, etc. referred to in Article 11 (2) shall evaluate the safety of the facilities prescribed by Ordinance of the Ministry of Trade, Industry and Energy; shall prepare a safety improvement plan and submit the safety improvement plan to the permitting authorities, as prescribed by Presidential Decree or shall keep it in his or her office. In such cases, the safety improvement plan shall be accompanied by a written opinion of the Korea Gas Safety Corporation under Article 28. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | If deemed necessary for public safety, the permitting authorities may issue an order to amend a safety improvement plan under paragraph (1). |
| (3) | Any person who prepares and submits a safety improvement plan under paragraph (1) shall implement the safety improvement plan in earnest. |
| (4) | Upon receipt of a safety improvement plan submitted under paragraph (1), the permitting authorities shall notify the chief of the competent fire station of matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy in the safety improvement plan within seven days. <Newly Inserted on Jan. 28, 2015> |
| (5) | The Minister of Trade, Industry and Energy shall prescribe standards for safety evaluation under paragraph (1) and other necessary matters. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 28, 2015> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 14 Deleted. <Feb. 8, 1999> |
| Article 15 (Safety Managers) |
| (1) | Each business entity, etc. and each reported user of specified high-pressure gas under Article 20 (4) shall appoint a safety manager prior to commencing business or using the specified high-pressure gas in order to ensure the safety of facilities, containers, etc., and to perform duties to prevent hazards. <Amended on May 21, 2009> |
| (2) | Where a person prescribed by Presidential Decree among the following persons and each reported user of specified high-pressure gas under Article 20 (4) intends to entrust a facility management specialist with the management of facilities, containers, etc., the person entrusted with the management of such facilities, containers, etc. (hereinafter referred to as "person entrusted with management") shall appoint a safety manager under paragraph (1): <Amended on May 21, 2009; Mar. 20, 2018> |
| 1. | A high-pressure gas producer who produces high-pressure gases, using refrigerators; |
| 2. | A person who stockpiles a non-combustible and non-toxic high-pressure gas, with permission to establish a storage place under Article 4 (5) (hereinafter referred to as "high-pressure gas stockpiler"). |
| (3) | Where a person who shall appoint a safety manager under paragraph (1) or (2) appoints or dismisses a safety manager or the safety manager retires, he or she shall, without delay, report such fact to the permitting authorities, report-receiving authorities, registration authorities, or authorities that receive usage reports under Article 20 (1) (hereinafter referred to as "authorities receiving usage reports") and shall appoint another safety manager within 30 days from the date of dismissal or retirement: Provided, That when he or she cannot appoint another safety manager within said period, such period may be extended with approval of the permitting authorities, report-receiving authorities, registration authorities, or authorities receiving usage reports. |
| (4) | A person who has appointed a safety manager pursuant to paragraph (1) or (2) shall appoint an agent to temporarily act for the safety manager, as prescribed by Presidential Decree, in any of the following cases: <Amended on Dec. 2, 2016> |
| 1. | Where the safety manager is unable to temporarily perform his or her duties on account of travel or sickness or on any other grounds; |
| 2. | Where a new safety manager is not appointed simultaneously with the dismissal or retirement of the existing safety manager. |
| (5) | A safety manager shall conscientiously perform his or her duties and the relevant business entity, etc., reported user of specified high-pressure gas under Article 20 (4), a person entrusted with management and employees shall respect the safety manager's opinions on safety and follow his or her instructions. |
| (6) | Where a safety manager fails to conscientiously perform his or her duties, the permitting authorities, report-receiving authorities, registration authorities, or authorities receiving usage reports may request the relevant business entity, etc., reported user of specified high-pressure gas under Article 20 (4), or a person entrusted with management who has appointed the safety manager to dismiss the safety manager. |
| (7) | When the permitting authorities, report-receiving authorities, registration authorities, or authorities receiving usage reports requests the dismissal of a safety manager under paragraph (6), it may request the Minister of Trade, Industry and Energy to revoke or suspend the safety manager’s technical qualifications under the National Technical Qualifications Act. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (8) | The types, number and scope of duties of, and qualifications for, safety managers, the period for which the agent acts for a safety manager, and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 21, 2007]
| (1) | When any person who obtains permission or files a report under Article 4 or completes registration under Article 5-3 intends to perform works to build or change facilities for manufacturing, storing, selling or importing high-pressure gas, he or she shall undergo an interim inspection of each construction process by the competent permitting authorities or report-receiving authorities, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | When a high-pressure gas producer who produces high-pressure gas in excess of the type and scale prescribed by Presidential Decree performs works to lay or change underground high-pressure gas pipelines outside of the boundary of the place of manufacture, while performing works to build or change manufacture facilities of high-pressure gas under paragraph (1), he or she shall be supervised by the competent permitting authorities or report-receiving authorities. |
| (3) | When a business entity, etc. have completed works to build or change facilities for manufacturing, storing, selling or importing high-pressure gas or facilities for manufacturing containers, etc., he or she shall use such facilities after passing a completion inspection conducted by the competent permitting authorities, report-receiving authorities, or the registration authorities: Provided, That facilities supervised under paragraph (2) shall meet supervision standards in lieu of the completion inspection. |
| (4) | The permitting authorities, report-receiving authorities, or the registration authorities may permit temporary use of the relevant facilities upon specifying the method and period of use, notwithstanding paragraphs (2) and (3) in any of the following cases. In such cases, the facilities for manufacturing, storing or selling high-pressure gas shall be used by the specified method within the specified period only: <Amended on Feb. 29, 2008; Apr. 12, 2010; Mar. 23, 2013> |
| 1. | Where supervision or a completion inspection conducted under paragraph (2) or (3) identifies minor defects prescribed by Ordinance of the Ministry of Trade, Industry and Energy; |
| 2. | Where a part of facilities made available upon completion in the course of performing works to build facilities to produce high-pressure gas passes a completion inspection (hereinafter referred to as “partial completion inspection”) or a partial completion inspection identifies minor defects prescribed by Ordinance of the Ministry of Trade, Industry and Energy referred to in subparagraph 1. |
| (5) | When a high-pressure gas producer under paragraph (2) completes works to lay or change underground pipelines, he or she shall prepare and keep construction records and as-built drawings (where records are retained in auxiliary memory devices, he or she may use such input data), as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (6) | Standards for interim inspections, supervision and completion inspections under paragraphs (1) through (3) and other necessary matters for supervision and inspections shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 16-2 (Regular and Occasional Inspections) |
| (1) | Any person who has obtained permission (excluding high-pressure gas sellers who sell high-pressure gas in containers) or filed a report under Article 4, or completed registration under Article 5-3 shall undergo an inspection, on a regular or occasional basis, by the permitting authorities, report-receiving authorities, or the registration authorities, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: Provided, That a person prescribed by Presidential Decree may be wholly or partially exempt from regular inspections. <Amended on Feb. 29, 2008; May 21, 2009; Mar. 23, 2013> |
| (2) | The subject matter of and standards for regular and occasional inspections under paragraph (1) and other matters necessary for inspections shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 16-3 (Conduct of Close Safety Examinations) |
| (1) | Any high-pressure gas producer shall periodically undergo a close safety examination on outworn high-pressure gas manufacturing facilities of the kind and size prescribed by Ordinance of the Ministry of Trade, Industry and Energy, by specialized gas safety control institutions prescribed by Presidential Decree, for each period prescribed by Ordinance of the Ministry of Trade, Industry and Energy in up to four-year intervals. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | Matters necessary for conducting close safety examinations, such as procedures and standards for such examinations under paragraph (1) shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 17 (Inspection of Containers) |
| (1) | Any person who has manufactured, repaired or imported containers, etc. (including manufacturers of foreign containers, etc.) shall undergo an inspection by the Minister of Trade, Industry and Energy or the head of the competent Si/Gun/Gu prior to sale or use of such containers: Provided, That containers, etc. prescribed by Presidential Decree may be wholly or partially exempt from such inspection. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | Where any of the following applies to containers or specified equipment that has inspected under paragraph (1), the owner of the containers or specified equipment shall undergo a re-inspection on such containers or specified equipment by the head of a Si/Gun/Gu: Provided, That when the specified equipment of a person who has obtained permission under Article 4 (1), showing exemplary results in self-inspections or meeting the standards prescribed by Presidential Decree, falls under subparagraph 1, such equipment may be wholly or partially exempt from such re-inspection, as prescribed by Presidential Decree: <Amended on Feb. 29, 2008; May 21, 2009; Mar. 23, 2013> |
| 1. | Lapse of the period prescribed by Ordinance of the Ministry of Trade, Industry and Energy; |
| 3. | Damage of the inspection-passing mark; |
| 4. | Change of the type of high-pressure gas to fill containers. |
| (3) | The head of a Si/Gun/Gu shall scrap containers and specified equipment that has failed an inspection or re-inspection under paragraph (1) or (2), as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: Provided, That the specified equipment may be repaired, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy, to undergo an inspection or re-inspection under paragraph (1) or (2). <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | The head of a Si/Gun/Gu shall place a stamp or mark of necessary items on containers, etc., which pass an inspection under paragraph (1) or (2), as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (5) | No containers, etc., subject to inspection or re-inspection under paragraph (1) or (2) that fail to be inspected or re-inspected shall be transferred, rent, used (including an act of filling gases), or displayed for sale. <Amended on Jan. 28, 2015> |
| (6) | When containers, etc. prescribed by Ordinance of the Ministry of Trade, Industry and Energy pass an inspection or re-inspection under paragraph (1) or (2), the head of a Si/Gun/Gu shall issue a certificate of passing inspection or re-inspection for such containers, etc. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (7) | Any person who manufactures or imports containers, etc. which may be wholly exempt from inspections under the proviso of paragraph (1) shall notify the head of a Si/Gun/Gu of such fact, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (8) | Standards and period for inspections and re-inspections under paragraphs (1) and (2), and other necessary matters shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 18 (Quality Guarantee of Containers) |
| (1) | Where deemed necessary to ensure safety of containers, the Minister of Trade, Industry and Energy may specify types of containers, and require the manufacturers of the specified containers (including a container manufacturer registered under Article 5-2) to sell containers after obtaining accreditation under Article 15 of the Industrial Standardization Act. <Amended on Feb. 29, 2008; May 21, 2009; Mar. 23, 2013> |
| (2) | When necessary for the safety control of containers, etc., the Minister of Trade, Industry and Energy or the head of a Si/Gun/Gu may collect any distributed container, etc. prescribed by Ordinance of the Ministry of Trade, Industry and Energy; and may conduct an inspection thereof. Where findings from such inspection reveal any serious defect in the container, the Minister of Trade, Industry and Energy or the head of a Si/Gun/Gu may order the manufacturer or importer of such container, etc. (including the manufactures of foreign containers, etc.; hereafter the same shall apply to paragraph (3)) to recall, exchange, refund it and to publicly announce such fact (hereinafter referred to as "recall, etc."). <Amended on Feb. 29, 2008; May 21, 2009; Mar. 23, 2013> |
| (3) | In any of the following cases, the Minister of Trade, Industry and Energy may omit collection and inspection under paragraph (2); and may issue an order for recall, etc. to the manufacturer or importer of the relevant containers, etc.: <Newly Inserted on May 21, 2009; Mar. 23, 2013> |
| 1. | Where the Gas Accident Investigation Board advises or recommends that measures, such as a recall, etc. of containers, etc. are necessary to prevent recurrence of similar accidents under Article 26-2 (2); |
| 2. | Where any apparent and serious defects are found in any distributed container, etc. which may cause hazards to public safety, and urgent measures, such as a recall, etc. of the container is required accordingly. |
| (4) | The methods for collecting containers, etc., and procedures and methods for recall, etc. under paragraph (2) or (3) shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Feb. 29, 2008; May 21, 2009; Mar. 23, 2013> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 18-2 (Quality Maintenance of High-Pressure Gases) |
| (1) | If necessary to secure appropriate quality of high-pressure gases, the Minister of Trade, Industry and Energy may formulate quality standards for the types of high-pressure gases prescribed by Presidential Decree, such as a gas used as a refrigerant. |
| (2) | The Minister of Trade, Industry and Energy shall publicly notify the quality standards for high-pressure gases formulated under paragraph (1). |
| (3) | Every high-pressure gas producer, high-pressure gas seller, and high-pressure gas importer shall maintain the quality of high-pressure gases in compliance with the quality standards formulated under paragraph (1), and shall not sell or deliver any high-pressure gases, or store, transport or keep them for sale or delivery, knowing that such high-pressure gases fail to meet such quality standards. |
[This Article Newly Inserted on Jan. 28, 2015]
| Article 18-3 (Quality Inspections of High-Pressure Gases) |
| (1) | Where any high-pressure gas producer or high-pressure gas importer intends to sell or deliver high-pressure gases, he or she shall undergo quality inspections conducted by an institution for inspecting the quality of high-pressure gases determined by Presidential Decree in order to ascertain whether such gases comply with the quality standards formulated under Article 18-2 (1). |
| (2) | If necessary to maintain the quality of high-pressure gases, the quality standards for which have been publicly notified pursuant to Article 18-2 (2), the Minister of Trade, Industry and Energy or the head of a Si/Gun/Gu may conduct quality inspections of high-pressure gases sold or delivered, or stored, transported or kept for sale or delivery by any high-pressure gas producer, high-pressure gas seller, or high-pressure gas importer. |
| (3) | Where a quality inspection conducted under paragraph (2) reveals that the quality of relevant high-pressure gases fails to meet the quality standards formulated under Article 18-2 (1), the Minister of Trade, Industry and Energy may publicly announce such violation, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. |
| (4) | The Minister of Trade, Industry and Energy may fully or partially subsidize expenses incurred in relation to quality inspections conducted by the head of a Si/Gun/Gu pursuant to paragraph (2). In such cases, the method of subsidizing the expenses incurred in relation to quality inspections, and other relevant matters, shall be determined and publicly notified by the Minister of Trade, Industry and Energy. |
| (5) | Methods of, and procedures for conducting quality inspections under paragraphs (1) and (2), and procedures for public announcement under paragraph (3), and other necessary matters, shall be determined by Ordinance of the Ministry of Trade, Industry and Energy. |
[This Article Newly Inserted on Jan. 28, 2015]
| Article 18-4 (Certification of Safety Equipment) |
| (1) | A person who has manufactured or imported any safety equipment shall obtain certification therefor pursuant to Article 15 of the Industrial Standardization Act before selling or using such safety equipment: Provided, That any safety equipment inspected or certified regarding its safety under other statutes or regulations or other safety equipment prescribed by Presidential Decree, may be fully or partially exempt from certification. |
| (2) | No safety equipment which is subject to certification under paragraph (1) but not certified shall be transferred, leased or used, or displayed for sale. |
[This Article Newly Inserted on Oct. 31, 2017]
| Article 19 Deleted. <Feb. 8, 1999> |
| Article 20 (Usage Report) |
| (1) | Among the persons who intend to use hydrogen, oxygen, liquefied ammonia, acetylene, liquefied chlorine, natural gas, compressed monosilane, compressed diborane, liquefied algin and other high-pressure gases prescribed by Presidential Decree (hereinafter referred to as "specified high-pressure gas"), persons prescribed by Ordinance of the Ministry of Trade, Industry and Energy, such as persons having a storage capacity in excess of a specific capacity, shall file a report in advance with the head of a Si/Gun/Gu prior to using any specified high-pressure gas: Provided, That any of the following persons shall be deemed to have filed a report on the use of specified high-pressure gas, if any matter concerning the use of specified high-pressure gas is included in the terms and conditions of permission granted or the details of registration: <Amended on Feb. 29, 2008; May 21, 2009; Mar. 23, 2013> |
| 1. | A person who has obtained permission to produce high-pressure gas under Article 4 (1) or a high-pressure gas stockpiler; |
| 2. | A person who has completed registration to manufacture containers, etc. under Article 5; |
| (2) | In receipt of a report filed under the main sentence of paragraph (1), the head of a Si/Gun/Gu shall notify the chief of the competent fire station of the details of the report within seven days. |
| (3) | Each specified high-pressure gas user shall have facilities for using specified high-pressure gas in conformity with facility standards and technical standards prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Feb. 29, 2008; May 21, 2009; Mar. 23, 2013> |
| (4) | When a person who files a report under paragraph (1) or who is deemed to have filed a report (hereinafter referred to as "reported user of specified high-pressure gas") completes works to build or change facilities for using specified high-pressure gas, he or she shall undergo a completion inspection by the government office which has received the report prior to the use of the facilities; and shall undergo regular inspections by the government office which receives reports. |
| (5) | Standards and periods for completion inspections and regular inspections under paragraph (4) and other necessary matters shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (6) | Where a high-pressure gas producer or high-pressure gas seller supplies specified high-pressure gas, he or she shall verify the following: <Newly Inserted on Dec. 11, 2018> |
| 1. | Whether a person who uses specified high-pressure gas is subject to reporting under paragraph (1); |
| 2. | Whether the relevant gas use facilities of a reported user of specified high-pressure gas, have undergone a completion inspection and regular inspections under paragraph (4). |
| (7) | Where a high-pressure gas producer or high-pressure gas seller finds, through the verification under paragraph (6), that a person who uses specified high-pressure gas has failed to file a report under paragraph (1) or to have the relevant gas use facilities undergo a completion inspection or regular inspections under paragraph (4), he or she shall suspend the supply of specified high-pressure gas and report thereon to the head of the competent Si/Gun/Gu without delay. <Newly Inserted on Dec. 11, 2018> |
| (8) | When the head of a Si/Gun/Gu, or the chief of the police station or the fire station deems that a specified high-pressure gas user is at the risk of causing a hazard in violation of this Act or an order issued under this Act, he or she may temporarily suspend the use of the specified high-pressure gas, seal or temporarily impound the facilities for using the specified high-pressure gas. <Amended on May 21, 2009; Dec. 11, 2018> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 21 (Import Declarations) |
Any person who intends to import high-pressure gas shall file an import declaration on the items and quantity to be imported, etc. with the head of a Si/Gun/Gu in advance or within 30 days after the importation thereof, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: Provided, That the foregoing shall not apply where the quantity to be imported does not exceed a specified quantity, or the import status is identified by any other statutes or regulations, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Dec. 31, 2011; Mar. 23, 2013>
[This Article Wholly Amended on Dec. 21, 2007]
| Article 22 (Transportation) |
| (1) | The transfer, acquisition, transportation or hand-carrying of high pressure gas shall comply with the standards prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | The permitting authorities or the chief of a police station may prohibit or restrict the transfer, acquisition, transportation or hand-carrying of high-pressure gas not in compliance with the standards under paragraph (1), or temporarily impound the high-pressure gas. |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 22-2 (Detailed Standards) |
| (1) | The Gas Technical Standards Committee established pursuant to Article 33-2 may formulate standards setting forth detailed specifications, specific measurements, specific testing methods, etc. that satisfy the standards within the scope of the following standards (hereinafter referred to as "detailed standards"): <Amended on Jan. 28, 2015; Mar. 20, 2018> |
| 1. | Facility standards and technical standards necessary for producing, storing, and selling high-pressure gas under Article 4 (6); |
| 2. | Facility standards and technical standards necessary for manufacturing containers, etc. under Article 5 (2); |
| 3. | Facility standards and technical standards necessary for manufacturing containers, etc. under Article 5-2 (3); |
| 4. | Facility standards and technical standards necessary for running import businesses under Article 5-3 (2); |
| 5. | Facility standards and technical standards necessary for high-pressure gas transportation vehicles under Article 5-4 (2); |
| 7. | Standards for interim inspections, supervision, and completion inspections under Article 16 (6); |
| 8. | Standards for regular inspections and occasional inspections under Article 16-2 (2); |
| 9. | Standards for close safety examinations under Article 16-3 (2); |
| 10. | Standards for inspections and re-inspections under Article 17 (8); |
| 11. | Facility standards and technical standards for facilities for using specified high-pressure gas under Article 20 (3); |
| 12. | Standards for completion inspections and regular inspections under Article 20 (5); |
| 13. | Standards for transfer, acquisition, transportation, or hand-carrying under Article 22 (1); |
| 14. | Standards for prevention of damage to high-pressure gas pipelines under Article 23-5. |
| (2) | Detailed standards shall be approved by the Minister of Trade, Industry and Energy, as prescribed by Presidential Decree, following deliberation and resolution by the Gas Technical Standards Committee referred to in paragraph (1). <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | Upon obtaining approval under paragraph (2), the Gas Technical Standards Committee referred to in paragraph (1) shall, without delay, make the detailed standards so approved available to the general public via its website, etc., and the Minister of Trade, Industry and Energy shall publicly announce such approval in the Official Gazette. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | Where the detailed standards are satisfied, the standards corresponding to such detailed standards among the standards referred to in the subparagraphs of paragraph (1) shall be deemed satisfied. |
| (5) | Except as provided in paragraphs (1) through (4), procedures for formulating and revising detailed standards, and other relevant matters, shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Newly Inserted on Apr. 12, 2010; Mar. 23, 2013> |
[This Article Newly Inserted on Dec. 21, 2007]
| Article 23 (Safety Education) |
| (1) | Each business entity, etc., reported user of specified high-pressure gas, person entrusted with management, and person performing duties related to safety control for any inspection agency designated under Article 35 shall undergo education provided by the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply). <Amended on May 21, 2009; Jan. 21, 2014> |
| (2) | Each business entity, etc., reported user of specified high-pressure gas, person entrusted with management, and inspection agency designated under Article 35 shall have their employees required to undergo the safety education under paragraph (1) undergo such education. |
| (3) | The scope of trainees, periods and curricula of safety education under paragraph (1) and other matters necessary for providing such education shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 23-2 (Information Support on High-Pressure Gas Pipelines) |
The Excavation Work Information Support Center referred to in Article 30-2 of the Urban Gas Business Act (hereinafter referred to as the "Information Support Center") shall establish and operate an information network to support excavation works necessary for providing information, publicity, etc., and perform other duties of providing information on the verification of pipelines laid underground to prevent damage to high-pressure gas pipelines that may occur due to drilling, piling, excavating sites, or other excavation of ground (hereinafter referred to as "excavation works"). [This Article Newly Inserted on Jan. 28, 2015]
| Article 23-3 (Verification of Status of Underground High-Pressure Gas Pipelines) |
| (1) | Any person who intends to perform excavation works shall request the Information Support Center to verify whether high-pressure gas pipelines are laid under relevant land before commencing such excavation works, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: Provided, That the foregoing shall not apply to excavation works prescribed by Presidential Decree and acknowledged as having no risk of causing damage to high-pressure gas pipelines. |
| (2) | Upon receipt of a request made under paragraph (1), the Information Support Center shall notify such fact to a person who owns underground high-pressure gas pipelines outside of the boundary of the place of business (hereinafter referred to as "business entity who owns pipelines outside the place of business") among business entities, etc., as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. |
| (3) | Upon receipt of notification under paragraph (2), the relevant business entity who owns pipelines outside the place of business shall verify whether high-pressure gas pipelines are laid under relevant land, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. |
| (4) | Where verification under paragraph (3) reveals that high-pressure gas pipelines are laid underground, the relevant excavation worker and business entity who owns pipelines outside the place of business shall take the following measures, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy, before commencing excavation works: |
| 1. | Indicating the location of the excavation work site and the location of underground high-pressure gas pipelines; |
| 2. | Notifying the Information Support Center of the indication under subparagraph 1; |
| 3. | Measures prescribed by Ordinance of the Ministry of Trade, Industry and Energy to prevent any accident caused by excavation works, such as installing facilities necessary for protecting high-pressure gas pipelines, and providing drawings indicating the location, etc. of underground high-pressure gas pipelines. |
| (5) | Where the Information Support Center receives confirmation that no underground pipelines have been found through verification under paragraph (3) or receives notification under paragraph (4) 2, it shall give notice to the relevant excavation worker that he or she may commence excavation works, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. |
| (6) | No excavation workers shall perform excavation works before receiving notice of the commencement of excavation works under paragraph (5) from the Information Support Center. |
[This Article Newly Inserted on Jan. 28, 2015]
| Article 23-4 (Consultation on Excavation Works) |
| (1) | Any person who intends to perform excavation works prescribed by Ordinance of the Ministry of Trade, Industry and Energy which have a high risk of causing damage to high-pressure gas pipelines in an area where underground high-pressure gas pipelines have been installed by a business entity who owns pipelines outside the place of business shall consult with such business entity on methods of taking safety measures to protect the high-pressure gas pipelines and other matters, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy, and the business entity who owns pipelines outside the place of business in receipt of a request for consultation shall comply therewith except in extenuating circumstances. |
| (2) | Once a business entity who owns pipelines outside the place of business and a person who intends to perform excavation works have consulted with each other pursuant to paragraph (1), they shall prepare a written agreement, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy, and comply with the terms and conditions of the written agreement. |
[This Article Newly Inserted on Jan. 28, 2015]
| Article 23-5 (Compliance with Standards for Prevention of Damage to High-Pressure Gas Pipelines) |
Any person who intends to perform excavation works in an area where underground high-pressure gas pipelines have been installed by a business entity who owns pipelines outside the place of business shall perform the excavation works in compliance with the standards for prevention of damage to high-pressure gas pipelines prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
[This Article Newly Inserted on Jan. 28, 2015]
| Article 23-6 (Safety Measures for High-Pressure Gas Pipelines) |
| (1) | Where any excavation works are performed in an area where pipelines are laid underground outside the boundary of the place of business, a relevant business entity who owns pipelines outside the place of business shall endeavor to take safety measures prescribed by Ordinance of the Ministry of Trade, Industry and Energy for high-pressure gas pipelines. |
| (2) | Every business entity who owns pipelines outside the place of business shall prepare and keep drawings of high-pressure gas pipelines which include the locations of the high-pressure gas pipelines laid and other matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy. |
[This Article Newly Inserted on Jan. 28, 2015]
| Article 24 (Measures Taken by Permitting Authorities) |
| (1) | The permitting authorities, report-receiving authorities, registration authorities, or the authorities receiving usage report may order a person who has obtained permission or registration, or made a report under this Act or a person who uses high-pressure gas to take measures necessary for preventing danger and injury, as prescribed by Presidential Decree. |
| (2) | Where any danger and injury occurs or is likely to occur due to facilities or containers, etc. used for manufacturing, storing, selling or using high-pressure gas (hereafter referred to as "facilities, etc." in this paragraph), the permitting authorities, report-receiving authorities, or the authorities receiving usage report may issue orders for transfer of the facilities, etc., suspension or restriction of use of the facilities, etc., or issue orders for disposal of the high-pressure gas in the facilities, etc.; and may seal the facilities, etc. |
| (3) | Where orders or measures under paragraph (2) are issued or taken to maintain public safety without any reason attributable to a business entity, the permitting authorities, report-receiving authorities, or the authorities receiving usage report shall pay due compensation for loss incurred to the relevant business entity, as prescribed by Presidential Decree: Provided, That the same shall not apply in cases of natural disasters, wars, force majeure or other similar cases. |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 25 (Purchase of Insurance Policies) |
| (1) | Each business entity, etc., reported user of specified high-pressure gas, or person who imports containers, etc. shall be insured to compensate for any damage inflicted to lives, bodies or property of any third person by a high-pressure gas accident. <Amended on May 24, 2011> |
| (2) | The types of insurance, persons eligible for purchasing insurance policies and procedures therefor under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
| (3) | The Minister of Trade, Industry and Energy may, in consultation with the Financial Services Commission, require insurance companies to use some of their profits from insurance under paragraph (1) for supporting persons engaging in the prevention of high-pressure gas accidents every three years within three months from the end of the third business year, and matters necessary therefor shall be prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 26 (Notification of Accidents) |
| (1) | Where any of the following accidents occurs in relation to any facility or product of a business entity, etc. or reported user of specified high-pressure gas, the business entity, etc. or reported user of specified high-pressure gas shall immediately notify the Korea Gas Safety Corporation under Article 28 of the accident, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy; and the Korea Gas Safety Corporation so notified shall report the accident to the head of the relevant Si/Gun/Gu: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 1. | Any accident involving death of a person; |
| 2. | Any accident involving personal injury or poisoning; |
| 3. | Any explosion or fire accident due to gas leakage; |
| 4. | Any accident involving evacuation of people or suspension of supply due to damage to gas facilities or gas leakage; |
| 5. | Other accidents prescribed by Ordinance of the Ministry of Trade, Industry and Energy involving damage to gas facilities or gas leakage. |
| (2) | Where deemed necessary to prevent recurrence of the same accident and other gas accidents, the Korea Gas Safety Corporation that is notified of an accident under paragraph (1) may investigate the cause and circumstances of the accident. |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 26-2 (Gas Accident Investigation Board) |
| (1) | Where deemed necessary to investigate a serious gas accident, the Minister of Trade, Industry and Energy may establish and operate the Gas Accident Investigation Board. <Amended on Mar. 23, 2013> |
| (2) | Where the Gas Accident Investigation Board completes an investigation into a serious gas accident, the Board may advise or recommend measures to prevent recurrence of the same accident to the Minister of Trade, Industry and Energy, the permitting authorities, report-receiving authorities, registration authorities, or the authorities receiving usage report. <Amended on Mar. 23, 2013> |
| (3) | The Minister of Trade, Industry and Energy, the permitting authorities, report-receiving authorities, registration authorities, or the authorities receiving usage report shall follow the advice or recommendation of the Gas Accident Investigation Board under paragraph (2) unless there exists any other special reason. <Amended on Mar. 23, 2013> |
| (4) | Matters necessary for the composition and operation of the Gas Accident Investigation Board and other matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on May 21, 2009]
| Article 26-3 (Guidance and Supervision) |
The Minister of Trade, Industry and Energy shall guide and supervise the Mayors/Do Governors or the heads of Sis/Guns/Gus, as prescribed by Presidential Decree, and require them file reports, where necessary, with respect to safety control affairs, including various inspections of gas facilities, containers, etc., for the public safety or prevention of hazards related to the supply and use of gas. <Amended on Feb. 29, 2008; May 21, 2009; Mar. 23, 2013>
[This Article Wholly Amended on Dec. 21, 2007]
| Article 27 Deleted. <Feb. 8, 1999> |
| Article 28 (Establishment of Korea Gas Safety Corporation) |
| (1) | The Korea Gas Safety Corporation (hereinafter referred to as the "Corporation") shall be established to prevent hazards caused by high pressure gas, and to promote the development of gas safety technology and gas safety control in an efficient and systematic manner. |
| (2) | The Corporation shall perform the following affairs concerning gas safety: <Amended on Feb. 29, 2008; May 21, 2009; Mar. 23, 2013; Jan. 21, 2014> |
| 1. | Professional education and public relations; |
| 3. | Development and distribution of technology and machinery and appliances; |
| 4. | Collection and provision of information; |
| 5. | Compilation and provision of statistics; |
| 6. | Self-inspections, and guidance and verification of inspections by other inspection agencies; |
| 7. | Provision of services; |
| 8. | Inspections, education, construction supervision, examinations and evaluations, etc., entrusted by administrative offices; |
| 9. | International technical cooperation projects; |
| 10. | Free installation of machinery and appliances and improvement of facilities; |
| 12. | Establishment and operation of the secretariat of the Gas Technical Standards Committee under Article 33-2; |
| 13. | Toxic gas neutralization treatment and residual gas treatment projects; |
| 14. | Other affairs deemed necessary by the Minister of Trade, Industry and Energy. |
| (3) | The Corporation shall be a legal person. |
| (4) | The Corporation shall be duly formed when the registration for incorporation is completed at the registry office having jurisdiction over its principal place of business office. |
| (5) | The Corporation may establish branch offices, training centers, a place of business or affiliated organizations with approval of the Minister of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (6) | The Corporation shall establish a Gas Safety Technology Deliberation Committee to deliberate on matters pertaining to gas safety technology. |
| (7) | Matters necessary pertaining to the Gas Safety Technology Deliberation Committee shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (8) | The Corporation may require beneficiaries from its affairs to bear expenses incurred in relation to such affairs with approval of the Minister of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 28-2 (Prohibition on Use of Similar Title) |
No person, other than the Corporation under this Act, shall use the title of the Korea Gas Safety Corporation or any similar title.
[This Article Wholly Amended on Dec. 21, 2007]
| Article 29 (Operation of Corporation) |
| (1) | The Corporation shall be operated with inspection fees and other revenues. |
| (2) | The Government or persons other than the Government, who are prescribed by Ordinance of the Ministry of Trade, Industry and Energy, may make contributions to the Corporation, which are used for operating the Corporation and performing its affairs. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 30 (Executive Officers) |
| (1) | The Corporation shall have nine or less directors, including one president, and one auditor. <Amended on May 21, 2009> |
| (2) | The president shall represent the Corporation and exercise overall control over its affairs. <Amended on May 21, 2009> |
| (3) | The directors shall assign tasks, as prescribed by the articles of incorporation. <Amended on May 21, 2009> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 30-2 Deleted. <May 21, 2009> |
The Minister of Trade, Industry and Energy shall provide guidance and supervision on the following affairs, among the affairs of the Corporation: <Amended on Mar. 23, 2013>
| 1. | Proper performance of affairs under Article 28 (2); |
| 2. | Affairs entrusted to the Corporation by the Minister of Trade, Industry and Energy; |
| 3. | Other matters prescribed by other statutes or regulations. |
[This Article Wholly Amended on May 21, 2009]
| Article 32 (Description of Articles of Incorporation) |
The description of the articles of incorporation, the projects and other matters necessary for operation of the Corporation shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 21, 2007]
| Article 33 (Application Mutatis Mutandis of the Civil Act) |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 33-2 (Gas Technical Standards Committee) |
| (1) | The Gas Technical Standards Committee shall be established to establish, revise and implement detailed standards under Article 22-2 (1). |
| (2) | The Gas Technical Standards Committee shall deliberate and pass a resolution on the following: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 1. | Matters concerning establishment, revision and repeal of detailed standards; |
| 2. | Matters concerning application and implementation of detailed standards; |
| 3. | Matters concerning adoption of foreign standards and new technologies related to gas technology; |
| 4. | Matters concerning establishment, revision and repeal of regulations of the Gas Technical Standards Committee; |
| 5. | Other matters requested by the Minister of Trade, Industry and Energy with respect to detailed standards. |
| (3) | The Gas Technical Standards Committee shall be comprised of 20 members or less, including one chairperson and one vice-chairperson. |
| (4) | The chairperson and vice chairperson of the Gas Technical Standards Committee shall be elected from among its members, and members of the Gas Technical Standards Committee shall be commissioned by the Minister of Trade, Industry and Energy, as prescribed by Presidential Decree, from among those with abundant expertise and experience in machinery, chemical engineering, metal, safety control, civil engineering, architecture, electricity, electronics or gas technical standards. Detailed matters concerning appointment criteria shall be prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (5) | The term of office of members of the Gas Technical Standards Committee shall be three years, and renewable. |
| (6) | Where necessary to effectively perform duties of the Gas Technical Standards Committee, a sub-committee may be established. |
| (7) | In order to support duties of the Gas Technical Standards Committee, a secretariat shall be established, and organization and operation of the secretariat and other necessary matters shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (8) | The composition and operation of the Gas Technical Standards Committee and other necessary matters shall be prescribed by the regulations of the Gas Technical Standards Committee. |
[This Article Newly Inserted on Dec. 21, 2007]
| (1) | Any of the following persons shall pay a fee, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: <Amended on Feb. 29, 2008; May 21, 2009; Mar. 23, 2013; Mar. 20, 2018> |
| 1. | Any person who intends to obtain permission to produce, store or sell high-pressure gas or permission for modification under Article 4 (1) and (5); |
| 2. | Any person who intends to complete registration, registration of modification or re-registration to manufacture containers, etc., under Articles 5 (1) and 5-2 (1) and (2); |
| 3. | Any person who intends to complete registration or registration of modification for a high-pressure gas import business under Article 5-3 (1); |
| 4. | Any person who intends to complete registration or registration of modification for a high-pressure gas transporter under Article 5-4 (1); |
| 5. | Any person who intends to obtain designation, designation of modification or re-designation as an inspection agency under Article 35 (1) through (3). |
| (2) | Any of the following persons shall pay a fee or tuition fee, as prescribed by the Minister of Trade, Industry and Energy: <Amended on Feb. 29, 2008; May 21, 2009; Mar. 23, 2013; Jan. 28, 2015> |
| 1. | Any person who intends to seek the opinions of the Corporation on his or her safety control regulations under Article 11 (1) or safety improvement plans under Article 13-2 (1); |
| 2. | Any person who intends to undergo an interim inspection, supervision or completion inspection in relation to works to build or change facilities for producing, storing, selling or importing high-pressure gas under Article 16 (1) through (3); |
| 3. | Any person who intends to undergo a regular inspection of facilities for manufacturing, storing, selling or importing high-pressure gas under Article 16-2 (1); |
| 4. | Any person who intends to undergo a close safety examination under Article 16-3 (1); |
| 5. | Any person who intends to undergo an inspection or re-inspection of containers, etc., under Article 17 (1) or (2); |
| 5-2. | Any person who intends to undergo a quality inspection of high-pressure gas under Article 18-3 (1); |
| 6. | Any person who intends to file an import declaration of high-pressure gas, under Article 21; |
| 7. | Any person who intends to undergo a completion inspection or regular inspection of facilities for using specified high-pressure gas under Article 20 (4); |
| 8. | Any person who intends to receive education under Article 23 (1); |
| 9. | Any person who intends to undergo verification under Article 35 (5). |
| (3) | Expenses incurred by the Information Support Center in performing the business affairs related to verification of the status of underground high-pressure gas pipelines under Article 23-3 shall be borne by a business entity possessing pipelines outside of the relevant place of business, as determined and publicly notified by the Minster of Trade, Industry and Energy. <Newly Inserted on Jan. 28, 2015> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 34-2 (Safety Control Charges) |
| (1) | The Minister of Trade, Industry and Energy may levy and collect safety control charges (hereinafter referred to as "charges") from any of the following persons for the purpose of gas safety control and improvement of the gas distribution structure: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | The amount of charges to be collected under paragraph (1) shall be publicly announced by the Minister of Trade, Industry and Energy in consultation with the Minister of Economy and Finance within the following limits: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 1. | Liquefied petroleum gas: 5 won per kilogram; |
| 2. | Liquefied natural gas: 4.4 won per cubic meter. |
| (3) | Entities from which charges under paragraph (1) are to be collected, methods of collection, and payment due dates of charges and other matters necessary for levying and collecting charges shall be prescribed by Presidential Decree. |
| (4) | Where any person liable to pay charges under paragraph (1) fails to pay the charges by the payment due date, the Minister of Trade, Industry and Energy shall collect surcharges prescribed by Presidential Decree, for the period from the day following the payment due date to the day prior to the date on which the charges are paid. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (5) | Where any person liable to pay charges under paragraph (1) fails to pay the charges by the payment due date, the Minister of Trade, Industry and Energy may demand such person to pay the charges within a given period, and if the person fails to pay the charges and surcharges under paragraph (4) within the given period, he or she may collect them in the same manner as delinquent national taxes are collected. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 34-3 (Entrustment of Collection of Charges and Surcharges) |
| (1) | The Minister of Trade, Industry and Energy may entrust the collection of charges and surcharges pursuant to Article 34-2 to agencies prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | When the Minister of Trade, Industry and Energy entrusts the collection of charges and surcharges pursuant to paragraph (1), he or she may appoint accounting personnel from among the executive officers and employees of the entrusted agency to perform the affairs so entrusted. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | When the Minister of Trade, Industry and Energy entrusts the collection of charges and surcharges pursuant to paragraph (1), he or she may pay a fee to perform such affairs or necessary expenses from the special account, as prescribed by the Minister of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 35 (Designation of Inspection Agencies) |
| (1) | Each Mayor/Do Governor may designate an inspection agency to perform some of the inspections and safety control affairs under this Act in a professional and efficient manner, as prescribed by Presidential Decree. |
| (2) | Each inspection agency designated under paragraph (1) shall obtain designation of modification when it intends to modify any important matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy, such as a modification of the scope of inspection among the matters so designated. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | Each Mayor/Do Governor shall designate an inspection agency under paragraph (1) upon setting the period of validity prescribed by Ordinance of the Ministry of Trade, Industry and Energy; where an inspection agency applies for re-designation prior to the expiry of the period of validity, he or she shall grant re-designation unless such inspection agency fails to meet standards for re-designation under paragraph (4). <Newly Inserted on May 21, 2009; Mar. 23, 2013> |
| (4) | Standards and methods for designation or re-designation of inspection agencies under paragraph (1) or (3) and other necessary matters shall be prescribed by Presidential Decree. <Amended on May 21, 2009> |
| (5) | Each Mayor/Do Governor may verify whether an inspection agency performs inspections in compliance with the standards under paragraph (4), and may provide guidance for and conduct supervision of the inspection agency. <Amended on May 21, 2009> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 35-2 (Revocation of Designations) |
| (1) | Where an inspection agency designated under Article 35 (1) falls under any of the following cases, the relevant Mayor/Do Governor may revoke the designation thereof; or may issue an order to suspend or restrict the business of the inspection agency within a given period not exceeding six months: Provided, That where the inspection agency falls under subparagraph 1 or 2, its designation shall be revoked: <Amended on May 21, 2009; Mar. 20, 2018> |
| 1. | Where the inspection agency has obtained the designation by fraud or other improper means; |
| 2. | Where the inspection agency has engaged in its business operation during a period for suspension or restriction of business; |
| 3. | Where the inspection agency has modified the designated matters without obtaining modification of designation; |
| 4. | Where the inspection agency has failed to satisfy the designation standards under Article 35 (4); |
| 5. | Where the inspection agency has been deemed unfit as an inspection agency due to improper inspections or other reasons. |
| (2) | Standards for taking a disposition against each violation referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy, taking the circumstances and severity of such violation into account. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
[This Article Wholly Amended on Dec. 21, 2007]
The permitting authorities, registration authorities or report-receiving authorities shall hold a hearing to take any of the following dispositions: <Amended on Mar. 20, 2018>
| 1. | Revoking permission or registration or closing a place of business under Article 9; |
| 2. | Revoking the designation of an inspection agency under Article 35-2. |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 36 (Entrustment of Affairs) |
| (1) | The Minister of Trade, Industry and Energy, a Mayor/Do Governor and the head of a Si/Gun/Gu may entrust any of the following affairs to the Corporation, as prescribed by Presidential Decree: Provided, That the entrustment of affairs under subparagraph 9 shall be limited only where a serious hazard has occurred or where deemed urgent and inevitable due to an imminent hazard: <Amended on Feb. 29, 2008; May 21, 2009; Mar. 23, 2013> |
| 1. | Verification and evaluation as to whether the safety control regulations under Article 11 (6) are observed; |
| 2. | Interim inspections, supervision and completion inspections under Article 16 (1) through (3); |
| 3. | Regular and occasional inspections under Article 16-2 (1); |
| 4. | Inspections and re-inspections under Article 17 (1) and (2); |
| 5. | Collection and inspection of containers in circulation under Article 18 (2); |
| 6. | Completion inspections and regular inspections of reported facilities for using specified high-pressure gas under Article 20 (4); |
| 7. | Receipt of high-pressure gas import declarations under Article 21; |
| 8. | Provision of safety education under Article 23 (1); |
| 9. | Orders to suspend or restrict the use of facilities, etc. under Article 24 (2); |
| 10. | Verification and guidance and supervision of inspection affairs by inspection agencies under Article 35 (5). |
| (2) | The following affairs in the authority of the head of a Si/Gun/Gu under this Act may be entrusted to the Corporation or an inspection agency designated under Article 35 (1), as prescribed by Presidential Decree: <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| 1. | Among regular inspections under Article 16-2 (1), regular inspections of the refrigerated manufacturing facilities for freezing or heating structures using gas, other than inflammable or toxic gases, as refrigerant; |
| 2. | Among inspections of containers, etc. under Article 17 (1), inspections of refrigerators and specified equipment prescribed by Ordinance of the Ministry of Trade, Industry and Energy; |
| 3. | Re-inspections of containers under Article 17 (2) and specified equipment prescribed by Ordinance of the Ministry of Trade, Industry and Energy; |
| 4. | Regular inspections of reported facilities for using specified high-pressure gas under Article 20 (4). |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 36-2 (Requests for Disposition) |
| (1) | In the course of exercising entrusted authority provided for in Article 36, where the Corporation discovers any violation of this Act or any order issued under this Act, it may notify the Mayor/Do Governor or the head of a Si/Gun/Gu of such fact; or may request the Mayor/Do Governor or the head of a Si/Gun/Gu to take necessary measures against the person who has committed the offense. <Amended on May 21, 2009> |
| (2) | The Mayor/Do Governor or the head of a Si/Gun/Gu in receipt of a request referred to in paragraph (1) shall take necessary measures, unless there is any justifiable reason to the contrary. <Amended on May 21, 2009> |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 37 (Relationship to Other Statutes) |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 37-2 (Legal Fiction as Public Officials for Purposes of Penalty Provisions) |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 38 (Penalty Provisions) |
| (1) | Any person who causes any damage to high-pressure gas facilities or any person who remodels containers or specified equipment shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won. |
| (2) | Any person who causes any damage to high-pressure gas facilities by negligence or gross negligence in carrying out his or her duties shall be punished by imprisonment without labor for not more than two years or by a fine not exceeding 20 million won. |
| (3) | Any person who causes personal injury by gas leakage or explosion due to commission of an offense under paragraph (2) shall be punished by imprisonment without labor for not more than 10 years or by a fine not exceeding 100 million won. Any person who causes the death of a person shall be punished by imprisonment without labor for not more than 10 years or by a fine not exceeding 150 million won. <Amended on May 21, 2009> |
| (4) | A person who attempts to commit the crime under paragraph (1) shall be punished. |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 39 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won: <Amended on May 24, 2011; Jan. 28, 2015; Mar. 20, 2018>
| 1. | Any person who produces high-pressure gas without permission under the former part of Article 4 (1); |
| 2. | Any person who establishes a storage place or sells high-pressure gas without permission under the former part of Article 4 (5); |
| 3. | Any person who manufactures containers, etc. without completing registration under the former part of Article 5 (1); |
| 4. | Any person who run a high-pressure gas import business without completing registration under the former part of Article 5-3 (1); |
| 5. | Any person who transports high-pressure gas without completing registration under the former part of Article 5-4 (1); |
| 6. | Any person who performs excavation works without requesting verification of the status of underground high-pressure gas pipelines under Article 23-3 (1); |
| 7. | Any person who performs excavation works without consultation under Article 23-4 (1) or who fails to comply with a request for consultation without just cause; |
| 8. | Any person who fails to enter into a written agreement under Article 23-4 (2) or enters into a false written agreement; |
| 9. | Any business entity who owns pipelines outside the place of business or implementer of excavation works who fails to comply with the terms and conditions of the relevant written agreement, in violation of Article 23-4 (2); |
| 10. | Any person who performs excavation works without complying with the standards formulated under Article 23-5; |
| 11. | Any business entity who owns pipelines outside the place of business who fails to prepare and keep or prepares and keeps false drawings of high-pressure gas pipelines under Article 23-6 (2); |
| 12. | Any person who conducts an inspection without being designated as an inspection agency under Article 35 (1); |
| 13. | Any person who conducts an inspection without being entrusted with inspection affairs under Article 36 (2). |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 40 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended on May 21, 2009; Jan. 28, 2015; Oct. 31, 2017; Mar. 20, 2018>
| 1. | Any person who modifies any permitted matter without permission for modification under the latter part of Article 4 (1) or the latter part of paragraph (5) of the same Article (excluding changing the trade name or the representative of a corporation); |
| 2. | Any person who modifies any registered matter without registering such modification under the latter part of Article 5 (1), the latter part of Article 5-3 (1), or the latter part of Article 5-4 (1) (excluding changing the trade name or the representative of a corporation); |
| 3. | Any person who fails to conduct a safety inspection under Article 10 (1) or who violates Article 13 (1); |
| 4. | Any person who fails to conduct a safety evaluation or to submit a safety improvement plan under Article 13-2 (1); |
| 5. | Any person who fails to execute a safety improvement plan under Article 13-2 (3); |
| 6. | Any person who fails to undergo an inspection or supervision under Article 16 (1) through (3) or 17 (1); |
| 8. | Any person who sells or delivers high-pressure gases failing to meet any of the quality standards, or stores, transports or keeps such high-pressure gases for sale or delivery, in violation of Article 18-2 (3); |
| 9. | Any person who fails to undergo a quality inspection of high-pressure gases under Article 18-3 (1), or who refuses, interferes with or evades a quality inspection under Article 18-3 (2); |
| 9-2. | Any person who transfers, leases or uses, or displays for sale any safety equipment not certified, in violation of Article 18-4 (2); |
| 10. | Any business entity who owns pipelines outside the place of business and fails to verify the status of underground high-pressure gas pipelines under Article 23-3 (3); |
| 11. | Any excavation worker or business entity who owns pipelines outside the place of business who fails to take measures specified in the subparagraphs of Article 23-3 (4); |
| 12. | Any excavation worker who performs excavation works before receiving notice of commencement of excavation works, in violation of Article 23-3 (6). |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 41 (Penalty Provisions) |
Any of the following persons shall be punished by a fine not exceeding five million won:
| 1. | Any person who manufactures high-pressure gas without reporting as prescribed in the former part of Article 4 (2); |
| 2. | Any person who fails to select and appoint a safety manager as prescribed in Article 15 (1) through (3). |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 42 (Penalty Provisions) |
Any of the following persons shall be punished by a fine not exceeding three million won: <Amended on May 21, 2009; Jan. 21, 2014>
| 1. | Any person who violates Article 5 (3), (4) or (5); |
| 2. | Any person who fails to report under Article 7 or 21; |
| 3. | Any person who violates Article 13 (2) or 22 (1); |
| 4. | Any person who fails to undergo a regular or occasional inspection under Article 16-2 (1); |
| 5. | Any person who fails to undergo a close safety examination under Article 16-3 (1); |
| 6. | Any person who fails to comply with an order for recall, etc. issued under Article 18 (2) or (3); |
| 7. | Any person who fails to file a report under Article 20 (1) or files a false report. |
[This Article Wholly Amended on Dec. 21, 2007]
| Article 42-2 (Joint Penalty Provisions) |
Where the representative of a corporation, or an agent, employee of or other persons employed by the corporation or an individual commits an offense under Articles 38 through 42 in connection with the business of the corporation or individual, not only shall such offender be punished, but also the corporation or individual shall be punished by a fine under the relevant Article: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent the such offense. [This Article Wholly Amended on May 21, 2009]
| Article 43 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding 20 million won: <Amended on Dec. 21, 2007; May 21, 2009; May 24, 2011> |
| 1. | Any person who modifies a reported matter without reporting modification, in violation of the latter part of Article 4 (2) (excluding any change to the trade name or the representative of a corporation); |
| 2. | Any person who reports the production of high-pressure gas (hereafter referred to as "applicant for producing high-pressure gas" in this Article) under Article 4 (2) without submitting the safety control regulations, in violation of Article 11 (1); |
| 3. | Any person who fails to comply with an order issued under Article 11 (4) or 13-2 (2); |
| 4. | Any applicant for producing high-pressure gas or reported user of specified high-pressure gas who fails to designate an agent to act for him or her, in violation of Article 15 (4); |
| 5. | Any person who uses facilities for manufacturing, storing or selling high-pressure gas, in violation of the latter part of Article 16 (4); |
| 6. | Any applicant for producing high-pressure gas, reported user of specified high-pressure gas or importer of containers, etc. who fails to purchase an insurance policy, in violation of Article 25 (1); |
| 7. | Any person who uses the title of "Korea Gas Safety Corporation" or any other similar title in his or her name, in violation of Article 28-2. |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: <Amended on Feb. 8, 1999; May 17, 2007; Dec. 21, 2007; May 24, 2011; Jan. 21, 2014> |
| 1. | Any person who fails to observe the safety control regulations or prepares the false implementation records of the safety control regulations, in violation of Article 11 (5); |
| 2. | Any applicant for producing high-pressure gas who fails to prepare and keep the records of implementing the safety control regulations, in violation of Article 11 (5); |
| 2-2. | Any applicant for producing high-pressure gas who fails to instruct the improvement of facilities, in violation of Article 10 (2); |
| 3. | Any person who violates Article 10 (3), 13 (4) or 20 (3) or (4); |
| 3-2. | Any applicant for producing high-pressure gas who fails to prepare and preserve the records of filling and sale, in violation of Article 13 (5); |
| 4. | Any person who fails to comply with an order issued under Article 24; |
| 5. | Any person who fails to notify the Corporation of the occurrence of an accident or makes false notification thereof, in violation of Article 26 (1). |
| (3) | Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended on Dec. 21, 2007; May 21, 2009; Jan. 21, 2014; Mar. 20, 2018> |
| 1. | Any person who changes the trade name or the representative of a corporation, among the permitted matters, without permission for modification, in violation of the latter part of Article 4 (1) or the latter part of paragraph (5) of the same Article; |
| 2. | Any person who changes the trade name or the representative of a corporation, among the permitted matters, without reporting such change, in violation of the latter part of Article 4 (2); |
| 3. | Any person who changes the trade name or the representative of a corporation, among the registered matters, without registering such change, in violation of the latter part of Article 5 (1), the latter part of Article 5-3 (1) or the latter part of Article 5-4 (1); |
| 4. | Any person who fails to comply with an order issued under Article 10 (4); |
| 5. | Any applicant for producing high-pressure gas who fails to comply with the requirements prescribed in Article 10 (5) with respect to the qualifications and number of safety inspectors, inspection equipment and inspection standards; |
| 6. | Any person who fails to place a mark on a container, etc., in violation of Article 11-2. |
| (4) | Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Amended on Dec. 21, 2007; Jan. 21, 2014; Dec. 11, 2018> |
| 1. | Any person who fails to file a report pursuant to Article 8 (2) or files a false report; |
| 2. | Any applicant for producing high-pressure gas, reported user of specified high-pressure gas, person entrusted with management, or employee who fails to respect the safety manager's opinions on safety or to follow his or her instructions, in violation of Article 15 (5); |
| 2-2. | Any high-pressure gas producer or high-pressure gas seller who fails to verify matters specified in any subparagraph of Article 20 (6) when supplying specified high-pressure gas, in violation of Article 20 (6); |
| 2-3. | Any high-pressure gas producer or high-pressure gas seller who fails to suspend the supply of specified high-pressure gas or fails to report on the suspension thereof, in violation of Article 20 (7); |
| (5) | Administrative fines prescribed in paragraphs (1) through (4) shall be imposed and collected by the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu, as prescribed by Presidential Decree. <Amended on Dec. 21, 2007; May 21, 2009> |
| (6) | Deleted. <May 21, 2009> |
| (7) | Deleted. <May 21, 2009> |
| (8) | Deleted. <May 21, 2009> |
| Article 44 Deleted. <Feb. 8, 1999> |
| Article 45 Deleted. <Feb. 8, 1999> |
| Article 46 Deleted. <Feb. 8, 1999> |
ADDENDA <Act No. 3703, Dec. 31, 1983>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1984.
Article 2 (Transitional Measures concerning Appliance Manufacturers)
A person who has obtained permission for the manufacture of appliances used for refrigeration equipment under the previous provisions before this Act enters into force shall be deemed to have obtained permission for manufacture of refrigerators or permission for the manufacture of specified equipment (limited to those for whom the scope of permission includes the manufacture of specified equipment) as provided for in Article 5. Article 3 (Transitional Measures concerning Specified Equipment Manufacturers)
A person who was engaged in the manufacture of specified equipment (except persons with permission for the manufacture of appliances used as refrigeration equipment under the previous provisions) before the enforcement of this Act shall obtain permission under the provisions of Article 5 within six months from the date this Act enters into force. Article 4 (Transitional Measures concerning Safety Control Regulations)
A person who shall submit safety control regulations as provided for in Article 11 (1) shall submit the same within three months from the date this Act enters into force. Article 5 (Transitional Measures concerning Self-Inspection Marks)
A person who is required to make self-inspection marks as provided for in Article 12 (2) shall make such marks within three months from the enforcement date of this Act. Article 6 (Transitional Measures concerning Regular Inspection)
A person who underwent security inspection under the previous provisions before this Act enters into force shall be deemed to have undergone the regular inspection as provided for in Article 16 (2). Article 7 (Transitional Measures concerning Acetylene Users)
An acetylene user who is required to make a report as provided for in Article 20 shall make such report within three months from the date this Act enters into force. Article 8 (Transitional Measures concerning Penalty Provisions)
The application of penalty provisions to the violations committed before this Act enters into force shall be governed by the previous provisions.
ADDENDA <Act No. 4541, Mar. 6, 1993>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 4625, Dec. 27, 1993>
| (1) | (Enforcement Date)This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Reporting) Where a high-pressure gas producer who obtained permission under the previous provisions before this Act enters into force becomes obligated to report under the amended provisions of Article 4 (2), he or she shall be deemed to have made such a report. |
| (3) | (Transitional Measures concerning Amendment of Penalty Provisions) The application of penalty provisions to violations committed before this Act enters into force shall be governed by the previous provisions. |
ADDENDA <Act No. 4966, Aug. 4, 1995>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Safety Control Regulations) Among persons who have submitted the safety control regulations as provided for in Article 11 (1) before this Act enters into force, business entity, etc., under the amended provisions of Article 11 (2) shall change the safety control regulations in order to make them suit the amended provisions of Article 11 (2), and shall submit them to the permitting authorities within three months from the date this Act enters into force. |
| (3) | (Transitional Measures concerning Penalty Provisions and Administrative Fines) The application of penalty provisions and administrative fines to the violations committed before this Act enters into force shall be governed by the previous provisions. |
ADDENDA <Act No. 5184, Dec. 12, 1996>
| (1) | (Enforcement Date) This Act shall enter into force on January 1, 1997. |
ADDENDA <Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 5505, Jan. 13, 1998>
| (1) | (Enforcement Date) This Act shall enter into force on April 1, 1998. (Proviso Omitted.) |
| (2) | (Transitional Measures concerning Disposition) Authorization or other actions granted or performed by administrative agencies, etc. or various reports or other actions made or submitted to administrative agencies, etc. pursuant to the previous provisions at the time this Act enters into force shall be deemed actions performed by or submitted to administrative agencies, etc. pursuant to this Act. |
ADDENDA <Act No. 5828, Feb. 8, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1999.
Article 2 (Transitional Measures concerning Disqualifications for Business Entities)
Where any business entity, etc. who has obtained permission pursuant to the previous provisions at the time this Act enters into force falls under any disqualification anew pursuant to amendments to subparagraph 3 or 4 of Article 6 due to any cause occurred before this Act enters into force, he or she shall be governed by the previous provisions for two years from the date this Act enters into force. Article 3 (Transitional Measures concerning Term of Auditor)
The term of the auditor in office at the time this Act enters into force shall be governed by the previous provisions.
Article 4 (Transitional Measures concerning Manufacturing Permission for Containers)
Any person who has obtained manufacturing permission on containers, etc. pursuant to the previous provisions at the time this Act enters into force shall be deemed to have registered the manufacture of containers, etc. under this Act.
Article 5 (Transitional Measures concerning Application of Penalty Provisions)
The application of penalty provisions to offenses committed before this Act enters into force shall be governed by the previous provisions.
ADDENDA <Act No. 6419, Feb. 3, 2001>
| (1) | (Enforcement Date) This Act shall enter into force on July 1, 2001. |
| (2) | (Applicability to Work Supervision) The amendments to Article 16 (2) shall be applicable to the works of installation or alteration of the production facilities of high-pressure gas for which a permission is obtained or a report is filed under Article 4 (1) or (2) on and after this Act enters into force. |
| (3) | (Applicability to Inspection Charges) The amendments to Article 34 (1) 3 shall be applicable to the person who applies for designation as the inspection agency on and after this Act enters into force. |
| (4) | (Transitional Measures concerning Penalty Provisions) In applying the penalty provisions against the offenses committed prior to the enforcement of this Act, the previous provisions shall govern. |
ADDENDUM <Act No. 6581, Dec. 31, 2001>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 6676, Mar. 25, 2002>
This Act shall enter into force on July 1, 2002: Provided, That the amended provisions of subparagraph 6 of Article 3, and Articles 16-3, 34 (2) 4, and subparagraph 3-2 of 42 shall enter into force on January 1, 2003 respectively, and the amended provisions of Articles 5-2, 9-3, 11-2, 17 (1) and 34 (1) 2 shall enter into force on July 1, 2003.
ADDENDA <Act No. 7240, Oct. 22, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 7504, May 26, 2005>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Registration of High-Pressure Gas Importer) A person who operates the high-pressure gas import business at the time this Act enters into force shall obtain registration as a high-pressure gas importer under the amended provisions of Article 5-3 within six months from the enforcement date of this Act. |
| (3) | (Transitional Measures concerning Registration of High-Pressure Gas Transporter) A person who transports high-pressure gas at the time this Act enters into force shall obtain registration as a high-pressure gas transporter under the amended provisions of Article 5-4 within six months from the enforcement date of this Act. |
| (4) | (Transitional Measures concerning Application of Penalty Provisions) The previous provisions shall govern the application of penalty provisions to the offenses committed before this Act enters into force. |
| (5) | (Transitional Measures concerning Administrative Dispositions) Any acts such as dispositions taken by the Mayor/Do Governor under the previous provisions before this Act enters into force shall be considered as the acts such as dispositions, etc. taken by the head of a Si/Gun/Gu under this Act; and the acts such as registrations, etc. made to the Mayor/Do Governor under the previous provisions shall be considered as the acts such as registrations, etc. made to the head of a Si/Gun/Gu under this Act. |
ADDENDA <Act No. 8183, Jan. 3, 2007>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Applicability to Contributions Made to the Korea Gas Safety Corporation) The amended provisions of Article 29 (2) shall apply, starting with the first draft budget that is compiled after this Act enters into force. |
ADDENDUM <Act No. 8452, May 17, 2007>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 8486, May 25, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 8763, Dec. 21, 2007>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Applicability) The amended provisions of Article 24 (3) shall apply beginning from the first orders or measures under Article 24 (2) after this Act enters into force. |
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ㆍㆍㆍ <omitted> ㆍㆍㆍ, the amendments to the statutes to be amended pursuant to Article 6 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement of the relevant statute. Articles 2 through 7 Omitted.
ADDENDA <Act No. 8863, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 9679, May 21, 2009>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Penalty Provisions) In cases of the application of penalty provisions or administrative fines for activities conducted before this Act enters into force, the previous provisions shall apply. |
ADDENDA <Act No. 10248, Apr. 12, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Deleted. <Dec. 31, 2011>
Article 3 (Applicability to Partial Completion Inspections)
The amended provisions of Article 16 (4) 2 shall also apply to high-pressure gas manufacturing facilities being built upon obtaining permission to produce high-pressure gas before this Act enters into force, with respect to which an application for completion inspection is not filed under paragraph (3) of the said Article.
ADDENDA <Act No. 10705, May 24, 2011>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Applicability to Administrative Dispositions) The amended provisions of Article 9 (1) shall also apply to administrative dispositions taken with respect to violations committed before this Act enters into force. |
| (3) | (Applicability to Purchasing Insurance Policies by Importers of Containers) The amended provisions of Article 25 (1) shall apply from the first importation of containers, etc. after this Act enters into force. |
ADDENDUM <Act No. 11140, Dec. 31, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11998, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 12154, Jan. 1, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 12283, Jan. 21, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provision of subparagraph 1 of Article 6 shall enter into force on the date of its promulgation. Article 2 (Transitional Measures concerning Incompetent Persons)
Incompetent persons under the adult guardianship referred to in the amended provision of subparagraph 1 of Article 6 shall be deemed to include those adjudged incompetent or quasi-incompetent, and for whom such adjudication remains effective, under Article 2 of the Addenda to the Civil Act (Act No. 10429).
ADDENDA <Act No. 13079, Jan. 28, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 9 (1), 18-2, 18-3, 34 (2) 5-2, and subparagraphs 8 and 9 of Article 40 shall enter into force one year after the date of their promulgation. Article 2 (Applicability to Notification of Safety Improvement Plans)
The amended provisions of Article 13-2 (4) shall also apply to a safety improvement plan submitted under the previous provisions before this Act enters into force.
ADDENDA <Act No. 13089, Jan. 28, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDUM <Act No. 13728, Jan. 6, 2016>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14079, Mar. 22, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 14308, Dec. 2, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 14989, Oct. 31, 2017>
This Act shall enter into force two years after the date of its promulgation.
ADDENDA <Act No. 15505, Mar. 20, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation.
Article 2 (Applicability to Reporting on Production of High-Pressure Gas)
Where a report has been filed pursuant to the previous provisions of Article 4 (2) before this Act enters into force and the procedures for accepting the report is underway as at the time this Act enters into force, such report shall be deemed received on the date this Act enters into force for the purposes of the amended provisions of Article 4 (3) and (4). Article 3 (Applicability to Revocation of Permission, Registration or Designation)
| (1) | The amended provisions of Article 9 (1) 43 shall apply when a business entity operates its business during a period for suspending or restricting the business or uses its storage place during a period for suspending or restricting the use of the storage place after this Act enters into force. |
| (2) | The amended provisions of Article 35-2 (1) 2 shall apply when an inspection agency engages in its business operation during a period for suspending or restricting the business after this Act enters into force. |
ADDENDUM <Act No. 15864, Dec. 11, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM<Act No. 16935, Feb. 4, 2020>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 17091, Mar. 24, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.