ENFORCEMENT DECREE OF THE HIGH-PRESSURE GAS SAFETY CONTROL ACT
Wholly Amended by Presidential Decree No. 14807, Nov. 22, 1995
Amended by Presidential Decree No. 15232, Dec. 31, 1996
Presidential Decree No. 15598, Dec. 31, 1997
Presidential Decree No. 15761, Apr. 1, 1998
Presidential Decree No. 16081, Dec. 31, 1998
Presidential Decree No. 16453, jun. 30, 1999
Presidential Decree No. 17283, jun. 30, 2001
Presidential Decree No. 17682, Jul. 24, 2002
Presidential Decree No. 18312, Mar. 17, 2004
Presidential Decree No. 18343, Mar. 29, 2004
Presidential Decree No. 18796, Apr. 22, 2005
Presidential Decree No. 19138, Nov. 25, 2005
Presidential Decree No. 20258, Sep. 10, 2007
Presidential Decree No. 20678, Feb. 29, 2008
Presidential Decree No. 20789, May 21, 2008
Presidential Decree No. 20842, jun. 20, 2008
Presidential Decree No. 21218, Dec. 31, 2008
Presidential Decree No. 21263, Jan. 14, 2009
Presidential Decree No. 21590, jun. 30, 2009
Presidential Decree No. 21830, Nov. 19, 2009
Presidential Decree No. 22269, Jul. 12, 2010
Presidential Decree No. 22477, Nov. 10, 2010
Presidential Decree No. 22865, Apr. 5, 2011
Presidential Decree No. 23310, Nov. 23, 2011
Presidential Decree No. 23928, Jul. 4, 2012
Presidential Decree No. 24955, Dec. 11, 2013
Presidential Decree No. 25393, jun. 25, 2014
Presidential Decree No. 25491, Jul. 21, 2014
Presidential Decree No. 25491, Jul. 21, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 26104, Feb. 16, 2015
Presidential Decree No. 26417, Jul. 20, 2015
Presidential Decree No. 26438, Jul. 24, 2015
Presidential Decree No. 26916, Jan. 19, 2016
Presidential Decree No. 27047, Mar. 22, 2016
Presidential Decree No. 27726, Dec. 30, 2016
Presidential Decree No. 27960, Mar. 27, 2017
Presidential Decree No. 28090, jun. 2, 2017
Presidential Decree No. 29421, Dec. 24, 2018
Presidential Decree No. 29757, May 14, 2019
Presidential Decree No. 29825, jun. 11, 2019
Presidential Decree No. 30106, Oct. 8, 2019
Presidential Decree No. 30256, Dec. 24, 2019
[This Article Wholly Amended on Jun. 20, 2008]
| Article 2 (Type and Scope of High-Pressure Gas) |
The type and scope of high-pressure gas governed by the High-Pressure Gas Safety Control Act (hereinafter referred to as the “Act”) pursuant to Article 2 of the Act shall be as follows: Provided, That the high-pressure gas prescribed in attached Table 1 shall be excluded herefrom: | 1. | Compressed gas with pressure (referring to gauge pressure; hereinafter the same shall apply) of at least one mega-pascal at a normal working temperature actually measured as having pressure of at least one mega-pascal; or compressed gas (excluding acetylene gas) with pressure of at least one mega pascal at 35 degrees Celsius; |
| 2. | Acetylene gas with pressure exceeding zero pascals at 15 degrees Celsius; |
| 3. | Liquefied gas with pressure of at least 0.2 mega-pascals at a normal working temperature actually measured at a pressure of at least 0.2 mega-pascals; or liquefied gas measured as having a temperature of up to 35 degrees Celsius when the pressure is 0.2 mega-pascals; |
| 4. | Liquefied hydrogen cyanide, liquefied methyl bromide, and liquefied ethylene oxide gas, as liquefied gas with pressure exceeding zero pascals at 35 degrees Celsius. |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 2-2 (Modifications to Minor Matters) |
“Where modifying minor matters prescribed by Presidential Decree” in the proviso of Article 3-2 (3) of the Act means any of the following cases: | 1. | Where the scale of business by sector determined by a master plan for gas safety control referred to in Article 3-2 (1) of the Act (hereinafter referred to as "master plan") is to be modified by up to 15/100; |
| 2. | Where the period of business by sector as determined by a master plan is to be modified by up to one year; |
| 3. | Where miscalculations, clerical errors, omissions or other corresponding errors are to be corrected; |
| 4. | Where any changes are to be made regarding matters determined and publicly announced by the Minister of Trade, Industry and Energy, to the extent not affecting the purpose and direction of a master plan. |
[This Article Newly Inserted on Jul. 21, 2014]
| Article 2-3 (Request for Submission of Data or Cooperation) |
| (1) | According to Article 3-2 (4) of the Act, the Minister of Trade, Industry and Energy may request the submission of data related to the following matters or cooperation from the head of a relevant central administrative agency, a 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: |
| 2. | Joint gas safety inspections of related institutions regarding facilities for high-pressure gas, etc.; |
| 3. | Calculating and managing statistics and cases of accidents caused by high-pressure gas, etc.; |
| 4. | Promoting gas safety culture campaigns for establishing safety consciousness related to high-pressure gas, etc.; |
| 5. | Supporting publicity activities for preventing accidents due to high-pressure gas, etc.; |
| 6. | Other matters deemed necessary by the Minister of Trade, Industry and Energy to efficiently implement master plans. |
| (2) | According to Article 3-2 (5) of the Act, where the Minister of Trade, Industry and Energy has established or modified a master plan, he or she shall notify details thereof to the heads of relevant central administrative agencies, Mayors/Do Governors, and the heads of public institutions referred to in Article 4 of the Act on the Management of Public Institutions (limited to the public institutions which perform the duties related to gas safety); and publicly announce the same on the website of the Ministry of Trade, Industry and Energy. |
[This Article Newly Inserted on Jul. 21, 2014]
| Article 3 (Types of and Standards for Permission for Producing High-Pressure Gas) |
| (1) | The types and scopes of permission for producing high-pressure gas prescribed in Article 4 (1) of the Act shall be as follows: <Amended on Nov. 10, 2010; Mar. 23, 2013> |
| 1. | Specific production of high-pressure gas: Producing high-pressure gas at facilities prescribed by Ordinance of the Ministry of Trade, Industry and Energy by compression, liquefaction, etc. (including filling tanks fixed to containers or vehicles) with a storage capacity or processing capacity of at least the scale prescribed by Ordinance of the Ministry of Trade, Industry and Energy; |
| 2. | General production of high-pressure gas: Producing high-pressure gas not falling within the scope of specific production of high-pressure gas prescribed in subparagraph 1; |
| 3. | Filling high-pressure gas: Filling high-pressure gas using equipment capable of filling tanks fixed to containers or vehicles with high-pressure gas falling under any of the following: Provided, That the foregoing shall exclude specific production of high-pressure gas prescribed in subparagraph 1 or general production of high-pressure gas prescribed in subparagraph 2: |
| (a) | Filling inflammable gas (excluding liquefied petroleum gas and natural gas) and toxic gas; |
| (b) | Filling high-pressure gas (excluding liquefied petroleum gas and natural gas), other than any high-pressure gas falling under item (a), with a daily processing capacity of at least 10 cubic meters and a storage capacity of at least three tons; |
| 4. | Refrigerated production: Producing high-pressure gas by compression or liquefaction during the process of refrigeration using equipment with a daily refrigeration capacity (hereinafter referred to as “refrigeration capacity”) of at least 20 tons (meaning using high-pressure gas, other than inflammable or toxic gas, as refrigerant; it shall be at least 50 tons if used for industrial, refrigerating or cooling purposes, and it shall be at least 100 tons if used for cooling or heating buildings): Provided, That the foregoing shall not apply when any of the following persons engages in refrigerated production according to terms of the permission he or she has obtained: |
| (a) | A person granted permission for specifically producing high-pressure gas prescribed in subparagraph 1; |
| (b) | A person granted permission for generally producing high-pressure gas prescribed in subparagraph 2; |
| (2) | The scope of permission for installing a storage place for high-pressure gas prescribed in Article 4 (5) of the Act shall be facilities capable of storing high-pressure gas in excess of the amount prescribed by Ordinance of the Ministry of the Trade, Industry and Energy pursuant to subparagraph 1 of Article 3 of the Act: Provided, That the foregoing shall not apply when any of the following persons stores high-pressure gas according to terms of the permission granted: <Amended on Mar. 23, 2013; Oct. 29, 2019> |
| 1. | A person granted permission for producing high-pressure gas prescribed in Article 4 (1) of the Act; |
| 2. | A person granted permission for selling high-pressure gas prescribed in Article 4 (5) of the Act; |
| (3) | The scope of permission for selling high-pressure gas prescribed in Article 4 (5) of the Act includes selling high-pressure gas (including importing and selling high-pressure gas), other than selling high-pressure gas filled in containers with an internal capacity of up to one liter: Provided, That the foregoing shall not apply when any of the following persons sells high-pressure gas as specified in the registration or report filed or the permission granted: <Amended on Oct. 29, 2019> |
| 1. | A person granted permission for producing high-pressure gas prescribed in Article 4 (1) of the Act; |
| 2. | A person reported for producing high-pressure gas pursuant to Article 4 (2) of the Act; |
| (4) | Where the permitting authorities referred to in Article 4 (1) or (5) of the Act receive an application for permission to produce high-pressure gas, permission to install a storage place for high-pressure gas or permission to sell high-pressure gas prescribed in Article 4 (1) or (5) of the Act; or receive an application for permission for any change thereto, it shall examine whether the relevant application meets the following criteria and grant permission only when the following criteria are satisfied: <Amended on Oct. 29, 2019> |
| 1. | Commencing or changing the business shall cause no impediment to protecting the lives of the people, preventing damage to property, or preventing disasters; |
| 2. | It shall be concluded as safe in a technical review by the Korea Gas Safety Corporation referred to in Article 28 of the Act (hereinafter referred to as the “Korea Gas Safety Corporation”); |
| 3. | The relevant facility shall not be installed in an area where installing it is prohibited by the permitting authorities to protect the lives of the people, to prevent damage to property, and to prevent disasters; |
| 4. | It shall comply with the Act, this Decree, and other statutes and regulations. |
| (5) | The permitting authorities referred to in Article 4 (1) or (5) of the Act may establish detailed criteria for matters prescribed in subparagraph 1 and 3 of paragraph (4). <Amended on Oct. 29, 2019> |
| (6) | Any person who applies for permission under paragraph (4) may undergo a technical review of the Korea Gas Safety Corporation regarding his or her plan for installing the relevant facility; and shall submit the outcomes of such technical review together with application documents when applying for the permission. |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 4 (Persons Required to Report Production of High-Pressure Gas) |
Persons required to report production of high-pressure gas pursuant to Article 4 (2) of the Act shall be as follows: | 1. | Filling with high-pressure gas: Equipment capable of filling tanks fixed to containers or vehicles with high-pressure gas (excluding inflammable gas and toxic gas), having a daily processing capacity of less than 10 cubic meters or a storage capacity of less than three tons; |
| 2. | Refrigerated production: Producing high-pressure gas by compression or liquefaction during the process of refrigeration using equipment with a daily refrigeration capacity of at least three tons and less than 20 tons (meaning using high-pressure gas, other than inflammable or toxic gas, as refrigerant; it shall be at least 20 tons and less than 50 tons if used for industrial, refrigerating or cooling purposes; and it shall be at least 20 tons and less than 100 tons if used for cooling or heating buildings): Provided, That the foregoing shall not apply when any of the following persons engages in refrigerated production according to terms of the permission he or she has obtained: |
| (a) | A person granted permission for specifically producing high-pressure gas; generally producing high-pressure gas; or installing a storage place for high-pressure gas prescribed in Article 3 (1) or (2); |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 5 (Registration for Manufacturing Containers) |
| (1) | The scope of manufacturing containers, refrigerators or specified equipment (hereinafter referred to as "container, etc.") subject to registration as prescribed in Article 5 (1) of the Act shall be as follows: <Amended on Mar. 23, 2013> |
| 1. | Manufacturing containers: Manufacturing containers for filling with high-pressure gas (excluding containers with an internal volume of less than 3 deciliters); and valves and safety valves as accessories thereof; |
| 2. | Manufacture refrigerators: Manufacturing refrigerators with a refrigeration capacity of at least three tons; |
| 3. | Manufacturing specified equipment: Manufacturing storage tanks for high-pressure gas (excluding underground rock cavern storage tanks), tanks fixed to vehicles, or equipment related to high-pressure gas prescribed by Ordinance of the Ministry of Trade, Industry and Energy. |
| (2) | The standards for registering the manufacturing of containers, etc. prescribed in Article 5 (2) of the Act shall be as follows: |
| 1. | The standards for registering the manufacturing of containers, etc.: The forging equipment, molding equipment, welding equipment, cleaning equipment, etc. necessary to manufacture each container shall be secured; |
| 2. | The standards for registering the manufacturing of refrigerators: The pressing equipment, tubing equipment, drying equipment, welding equipment, assembly equipment, etc. necessary to manufacture refrigerators shall be secured; |
| 3. | The standards for registering the manufacturing of specified equipment: The welding equipment, forging equipment, assembling equipment, etc. necessary to manufacture specified equipment shall be secured. |
| (3) | The standards for manufacturing registration provided for in paragraph (2) shall conform to the facility standards and the technical standards prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Mar. 23, 2013> |
| (4) | “Person qualified for each type of containers, etc. as prescribed by Presidential Decree” in Article 5 (5) of the Act means a person qualified as a supervisor in repairing containers, etc. according to the classification pursuant to attached Table 1-2. <Newly Inserted on Jul. 21, 2014> |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 5-2 (Scope of and Standard for Registration or Re-Registration of Containers Manufactured in Foreign Nations) |
| (1) | The scope of containers, etc. manufactured in foreign nations subject to registration or re-registration as prescribed in Article 5-2 (3) of the Act (referring to containers, etc. to be exported to the Republic of Korea from foreign nations; hereinafter the same shall apply) shall be as follows: Provided, That the foregoing shall exclude the manufacturing of containers, etc. prescribed by Ordinance of the Ministry of Trade, Industry and Energy: <Amended on Nov. 10, 2010; Nov. 23, 2011; Mar. 23, 2013> |
| 1. | Manufacturing containers for filling with high-pressure gas (excluding containers with an internal volume of less than 3 deciliters); and valves and safety valves as accessories thereof; |
| 2. | Manufacturing any of the following specified equipment for high-pressure gas: |
| (b) | Tanks fixed to vehicles; |
| (d) | Valves for toxic gas piping; |
| (e) | Compressors, condensers, evaporators or pressure vessels constituting refrigeration equipment (except integrated refrigerators); |
| (f) | Emergency shutdown devices; |
| (2) | The standards for registration or re-registration of containers, etc. manufactured in foreign nations prescribed in Article 5-2 (3) of the Act shall be as follows: <Amended on Nov. 23, 2011; Mar. 23, 2013> |
| 1. | The manufacturing equipment, inspection equipment, etc. of containers, etc. shall meet the criteria prescribed by Ordinance of the Ministry of Trade, Industry and Energy; |
| 2. | They shall be determined safe in a technical review of the Korea Gas Safety Corporation and a factory examination. |
[This Article Wholly Amended on Jun. 20, 2008]
[Title Amended on Nov. 23, 2011]
| Article 5-3 (Scope of Registration of High-Pressure Gas Importers) |
| (1) | The scope of high-pressure gas importers subject to registration pursuant to Article 5-3 (2) of the Act shall be importing high-pressure gas prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Mar. 23, 2013; Jul. 20, 2015> |
| (2) | The standards for registering high-pressure gas importers pursuant to Article 5-3 (2) of the Act shall be as follows: <Amended on Mar. 23, 2013> |
| 1. | He or she shall have a supply room for storing high-pressure gas containers; |
| 2. | The facilities and technologies necessary to conduct a high-pressure gas import business shall comply with the facility standards and technical standards prescribed by Ordinance of the Ministry of Trade, Industry and Energy. |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 5-4 (Scope of Registration of High-Pressure Gas Transporters) |
| (1) | The scope of high-pressure gas transporters subject to registration pursuant to Article 5-4 (2) of the Act shall be transporting high-pressure gas using any of the following vehicles (hereinafter referred to as “high-pressure gas transport vehicles”): <Amended on Mar. 23, 2013; Jul. 21, 2014; Jul. 24, 2015; Oct. 29, 2019> |
| 1. | Vehicles transporting toxic gas with a permissible concentration of up to 200/1,000,000; |
| 2. | Vehicles transporting high-pressure gas using a tank fixed thereto; |
| 3. | Vehicles transporting high-pressure gas using at least two containers seamlessly connected thereto; |
| 4. | Vehicles used by any of the following persons to transport high-pressure gas using a container to a consumer: Provided, That where high-pressure gas is transported using a bonded container or lead-lined container or using a filling container used for equipment for leisure purposes such as scuba diving, etc., the relevant vehicles shall be excluded herefrom: |
| (a) | A person granted permission or filed a report for producing high-pressure gas pursuant to Article 4 (1) or (2) of the Act; |
| (b) | A person granted permission for selling high-pressure gas pursuant to Article 4 (5) of the Act; |
| (c) | A person who has registered himself or herself as a high-pressure gas importer pursuant to Article 5-3 of the Act; |
| 5. | Vehicles used by any of the following persons to transport liquefied petroleum gas using a container to a consumer: Provided, That where liquefied petroleum gas is transported using a two-wheeled motor vehicle defined in Article 3 (1) 5 of the Motor Vehicle Management Act, the relevant two-wheeled motor vehicle shall be excluded herefrom: |
| (b) | Business entities for filling containers for gas heaters defined in Article 3 (1) 1 (d) of the Decree; |
| (c) | Liquefied petroleum gas dealers defined in Article 3 (1) 4 of the Decree; |
| 6. | Vehicles transporting high-pressure gas using tank containers prescribed by Ordinance of the Ministry of Trade, Industry and Energy. |
| (2) | The standards for registering high-pressure gas transporters prescribed in Article 5-4 (2) of the Act shall be as follows: <Amended on Mar. 23, 2013> |
| 1. | The high-pressure gas transport vehicles shall be equipped with facilities necessary to transport high-pressure gas safely, such as measures for preventing damage to valves, measures for preventing fluctuations in the liquid level, etc.; |
| 2. | The facilities required for the high-pressure gas transport vehicles shall comply with the standards prescribed by Ordinance of the Ministry of Trade, Industry and Energy. |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 6 Deleted. <Mar. 22, 2016> |
| Article 7 (Imposition of Penalty Surcharges) |
| (1) | The amount of penalty surcharges pursuant to Article 9-2 of the Act shall be calculated by applying the standards prescribed in attached Table 2. |
| (2) | In imposing penalty surcharges pursuant to paragraph (1), the amount of a penalty surcharge may be aggravated or mitigated by up to 1/5 of the amount of the penalty surcharge calculated pursuant to paragraph (1) based upon the scale of business of the relevant business entities, the severity and frequency of the relevant violations, etc.: Provided, That when raising the amount of penalty surcharges, the total amount shall not exceed 40 million won. <Amended on Jul. 20, 2015> |
| (3) | Where the authority for imposing penalty surcharges prescribed in paragraph (1) imposes penalty surcharges, it shall provide a written notice on payment clearly stating the type of the violations, the amount of the penalty surcharges, etc. |
| (4) | Any person in receipt of notice referred to in paragraph (3) shall pay the relevant penalty surcharge to a receiving agency designated by the authority for imposing penalty surcharges within 20 days: Provided, That where it is impossible to pay the penalty surcharge within the aforesaid period due to natural disasters or any other extenuating circumstances, the payment shall be made within seven days from the date the relevant cause ceases to exist. |
| (5) | Any receiving agency that has received penalty surcharges pursuant to paragraph (4) shall issue a receipt to the payers of the penalty surcharges. |
| (6) | Where the receiving agency has received penalty surcharges, it shall notify it to the permitting authorities or the registration authorities without delay. |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 8 Deleted. <Dec. 31, 1997> |
| Article 9 (Persons Subject to Comprehensive Safety Control) |
“Business entities, etc. prescribed by Presidential Decree” in Article 11 (2) of the Act means persons having any of the following facilities among high-pressure gas producers: | 2. | High-pressure gas facilities of persons engaged in the petrochemical industry or support businesses with a daily treatment capacity of at least 10,000 cubic meters or a storage capacity of at least 100 tons; |
| 3. | High-pressure gas facilities of fertilizer producers prescribed in the Fertilizer Control Act with a daily treatment capacity of at least 100,000 cubic meters or a storage capacity of at least 100 tons. |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 10 (Contents of Safety Improvement Plans) |
| (1) | A safety improvement plan referred to in Article 13-2 of the Act shall contain the following matters: <Amended on Mar. 23, 2013> |
| 3. | A plan for safe operation; |
| 4. | An emergency action plan; |
| 5. | Other matters determined and publicly announced by the Minister of Trade, Industry and Energy as necessary to improve safety. |
| (3) | Matters necessary to prepare a safety improvement plan, etc. referred to in paragraph (1) shall be determined and publicly announced by the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 11 (Safety Evaluation) |
| (1) | Where a business entity, etc. required to conduct safety evaluation and submit a safety improvement plan pursuant to Article 13-2 of the Act intends to establish or relocate facilities subject to safety evaluation or to change major parts prescribed by the Minister of Trade, Industry and Energy, the business entity shall prepare and submit a safety improvement plan to the permitting authorities after conducting safety evaluation by unit process. <Amended on Nov. 10, 2010; Mar. 23, 2013> |
| (2) | A business entity, etc. who has submitted a safety improvement plan pursuant to paragraph (1) shall conduct further safety evaluation every five years from the date of submitting the plan; and shall prepare a safety improvement plan and keep it in its office: Provided, That where the safety evaluation finds that the contents of the safety improvement plan referred to in Article 10 (1) have not changed, a safety improvement plan need not be prepared. <Amended on Nov. 10, 2010> |
| (3) | If the safety evaluation referred to in paragraph (1) or (2) finds that the safety control regulations submitted to the permitting authorities under Article 11 (1) of the Act must be amended, the business entity, etc. who has conducted the safety evaluation shall amend the safety control regulations; and shall submit the amended regulations to the permitting authorities. |
| (4) | Where a process-safety report referred to in Article 44 (1) of the Occupational Safety and Health Act has been submitted to the Minister of Employment and Labor and jointly examined by the Korea Gas Safety Corporation and the Korea Occupational Safety and Health Agency for facilities subject to safety evaluation referred to in Article 13-2 of the Act, it shall be deemed that the safety improvement plan referred to in paragraph (1) and the safety control regulations referred to in paragraph (3) have been submitted. <Amended on Jan. 14, 2009; Jul. 12, 2010; Dec. 24, 2019> |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 11-2 (Entrustment of Safety Control Duties) |
“Person prescribed by Presidential Decree” in Article 15 (2) of the Act means the following persons: <Amended on Jan. 19, 2016> | 1. | High-pressure gas producers prescribed in Article 15 (2) 1 of the Act who are business entities producing refrigeration for cooling or heating buildings; |
| 2. | Any person who stockpiles inflammable and non-toxic high-pressure gas in fire-fighting equipment referred to in subparagraph 1 (d) of attached Table 1 of the Enforcement Decree of the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems, among the stockpilers of inflammable and non-toxic high-pressure gas prescribed in Article 15 (2) 2 of the Act. |
[This Article Wholly Amended on Nov. 19, 2009]
| Article 12 (Types of and Qualifications for Safety Managers) |
| (1) | The types of safety managers prescribed in Article 15 of the Act shall be as follows: |
| 2. | A safety vice-supervisor; |
| (2) | The relevant business entity (when it is a corporation, referring to its representative) or the most senior manager of facilities reported for using specified high-pressure gas (hereinafter referred to as “facilities reported for using specified high-pressure”) shall serve as a safety supervisor; and a chief manager directly managing the facilities of the relevant business entity shall serve as a safety vice-supervisor. |
| (3) | The qualifications for and the number of safety managers to be appointed shall be as prescribed in attached Table 3. |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 13 (Duties of Safety Managers) |
| (1) | Safety managers referred to in Article 15 of the Act shall perform the following duties for safety control: <Amended on Jul. 21, 2014> |
| 1. | Maintaining the safety of facilities, containers, or work process of places of business or facilities reported for using specified high-pressure; |
| 2. | Managing the process of manufacturing containers, etc.; |
| 3. | Verifying performance of the obligations of suppliers prescribed in Article 10 of the Act; |
| 4. | Implementing the safety control regulations referred to in Article 11 of the Act, and preparing and retaining its records; |
| 5. | Guidance and supervision necessary for safety control of workers of places of business or facilities reported for using specified high-pressure gas (including employees of companies that repair or remodel places of business or facilities reported for using specified high-pressure gas); |
| 6. | Other measures for preventing danger and injury. |
| (2) | Except as provided in this Decree, safety managers and safety officers shall not assume tasks other than the duties prescribed in the subparagraphs of paragraph (1). |
| (3) | The duties of safety managers shall be classified as follows: |
| 1. | Safety supervisors: Exercising overall control over the safety of the relevant places of business or facilities reported for using specified high-pressure gas; |
| 2. | Safety vice-supervisors: Directly managing the safety of the relevant gas facilities, providing assistance to a safety supervisor; |
| 3. | Safety officers: Managing technical matters related to the safety of places of business and directing and supervising safety staff, providing assistance to a safety vice-supervisor (where no safety vice-supervisor is appointed, referring to a safety supervisor); |
| 4. | Safety staff: Performing the duties as safety managers according to instructions of safety officers. |
| (4) | Where a safety manager falls under any subparagraph of Article 15 (4) of the Act, a person who has appointed the safety manager pursuant to paragraph (1) of the same Article shall designate an agent within the periods classified as follows; and shall have him or her act on behalf of such safety manager: <Amended on Jun. 2, 2017> |
| 1. | When falling under Article 15 (4) 1 of the Act: During a period of up to 30 days when the relevant safety manager is unable to perform his or her duties; |
| 2. | When falling under Article 15 (4) 2 of the Act: During a period prior to appointing another safety manager. |
| (5) | Where an agent to act on behalf of a safety manager is to be designated under Article 15 (4) of the Act and paragraph (4) of this Article, a person according to the following classifications shall be designated: <Amended on Jun. 2, 2017> |
| 1. | An agent to act on behalf of a safety supervisor or a safety vice-supervisor: A person performing duties of directly assisting him or her; |
| 2. | An agent to act on behalf of a safety officer: Safety staff: Provided, That in cases of a facility allowed not to appoint safety staff, it shall be a person with knowledge about gas safety control among the persons engaged in gas-related duties as an employee of the relevant place of business; |
| 3. | An agent to act on behalf of safety staff: A person with knowledge about gas safety control among the persons engaged in gas-related duties as an employee of the relevant place of business. |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 13-2 (Target of Supervision) |
High-pressure gas producers subject to supervision when performing works to lay or change underground high-pressure gas pipelines outside the boundary of the place of manufacture pursuant to Article 16 (2) of the Act shall be persons granted permission for specifically producing high-pressure gas referred to in subparagraph 1 of Article 3 or for generally producing high-pressure gas referred to in subparagraph 2 of Article 3. [This Article Wholly Amended on Jun. 20, 2008]
| Article 14 (Exemption from Regular Inspections) |
| (1) | In cases of persons recognized as not impeding maintaining safety by the Korea Gas Safety Corporation in light of their compliance with the safety control regulations referred to in Article 11 of the Act and outstanding outcomes of their regular and occasional inspections referred to in Article 16-2 of the Act over the recent two years, a regular inspection may be wholly or partially exempted as determined by Korea Gas Safety Corporation. |
| (2) | Any person who undergoes a close safety examination referred to in Article 16-3 (1) of the Act shall be exempt from a regular inspection of the relevant facility for the year when the close safety examination is conducted. |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 14-2 (Institutions for Conducting Close Safety Examinations) |
“Institutions prescribed by Presidential Decree” in Article 16-3 (1) of the Act means the following institutions: <Amended on Jan. 14, 2009; Nov. 10, 2010> | 1. | The Korea Gas Safety Corporation; |
| 2. | The Korea Occupational Safety and Health Agency. |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 15 (Exemption from Inspections of Containers) |
| (1) | According to the proviso of Article 17 (1) of the Act, the following containers, etc. shall be wholly exempt from inspections: <Amended on Mar. 23, 2013; Dec. 30, 2016> |
| 1. | Deleted; <Nov. 19, 2009> |
| 2. | Containers, etc. imported for testing or research and development (limited to where the relevant containers are directly subject to testing or research and development); |
| 3. | Containers, etc. manufactured for export; |
| 4. | Containers, etc. imported to the Republic of Korea for which an inspection is conducted in a foreign nation to be used by a foreign institution located in the Republic of Korea; |
| 5. | Containers, etc. being attached to industrial machinery and equipment, etc. imported to the Republic of Korea; |
| 6. | Containers, etc. imported to the Republic of Korea as a sample by a manufacturer or importer of containers, etc.; |
| 7. | Containers, etc. embedded in a fire extinguisher; |
| 8. | Foreigner-owned containers inspected in a foreign nation and imported to the Republic of Korea for the purpose of importing high-pressure gas to be returned to the relevant foreign nation within six months; |
| 9. | Containers, etc. imported to the Republic of Korea for the purpose of export; |
| 10. | Containers, etc. that have undergone minor repair prescribed by Ordinance of the Ministry of Trade, Industry and Energy. |
| (2) | According to the proviso of Article 17 (1) of the Act, the following containers, etc. may be partially exempt from inspections as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: <Amended on Nov. 19, 2009; Mar. 23, 2013> |
| 1. | Containers, etc. prescribed by Ordinance of the Ministry of Trade, Industry and Energy as having no safety hazard in light of the outstanding quality control ability of manufacturers of the containers, etc. (including manufacturers of containers, etc. manufactured in foreign nations), among containers, etc. that have obtained certification prescribed in Article 15 of the Industrial Standardization Act; |
| 2. | Containers, etc. imported to the Republic of Korea other than the containers, etc. falling under paragraph (1) 2, 4 through 6, 8 and 9. |
| (3) | In cases of containers, etc. that meet the criteria prescribed by Ordinance of the Ministry of Trade, Industry and Energy, other than the containers, etc. prescribed in paragraphs (1) and (2), an inspection may be omitted when a person subject to the inspection applies therefor. <Amended on Mar. 23, 2013> |
| (4) | Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter referred to as the “head of a Si/Gun/ Gu”) recognizes that containers, etc. partially exempt from an inspection pursuant to paragraph (2) 1 fail to meet the inspection standards, he or she shall notify it to the Administrator of the Korean Agency for Technology and Standards. <Amended on Nov. 19, 2009; Dec. 11, 2013; Jul. 21, 2014> |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 15-2 (Exemption from Re-Inspections of Specified Equipment) |
| (1) | Specified equipment that may be wholly or partially exempt from re-inspection pursuant to the proviso of Article 17 (2) of the Act shall be as follows: <Amended on Mar. 23, 2013> |
| 1. | Pressure vessels that have undergone self-inspection by those recognized by the Korea Gas Safety Corporation as not impeding maintaining safety in light of their compliance with the safety control regulations referred to in Article 11 (2) of the Act, exemplary results of regular inspections and occasional inspections prescribed in Article 16-2 of the Act, and their securing of inspection personnel and equipment and inspection regulations; |
| 2. | Pressure vessels inspected by a specialized agency that has not been involved in any accident prescribed in the Industrial Accident Compensation Insurance Act, due to facilities related to high-pressure gas over the recent two years, has subscribed to insurance meeting the following requirements, and satisfies the facility and technical standards prescribed by the Minister of Trade, Industry and Energy: |
| (a) | The total economic risk and the mechanical hazard resulting from the continued use of pressure vessels shall be covered, and the insured amount shall be at least the insurable value; |
| (b) | The third party's legal liability for loss due to accidents resulting from the continued use of pressure vessels shall be covered; |
| (c) | The contract insurance amount shall be at least 50 billion won. |
| (2) | Specified equipment that may be exempt from an inspection pursuant to paragraph (1); the procedures for exempting an inspection; the methods for verification; and other necessary matters, shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 15-3 (Types of High-Pressure Gas Subject to Quality Maintenance) |
“Types of high-pressure gas prescribed by Presidential Decree, such as a gas used as a refrigerant” in Article 18-2 (1) of the Act means the types of high-pressure gas prescribed by Ordinance of the Ministry of Trade, Industry and Energy, as high-pressure gas used as a refrigerant; or high-pressure gas used for fuel cells: Provided, That any of the following high-pressure gases shall be excluded herefrom: | 1. | High-pressure gas sold or delivered for export; or stockpiled, transported or stored for sale or delivery; |
| 2. | High-pressure gas sold or delivered for testing or research and development, or stockpiled, transported or stored for sale or delivery (limited to cases where the relevant high-pressure gas is directly subject to testing or research and development); |
| 3. | High-pressure gas imported to the Republic of Korea of up to 40 kilograms each time. |
[This Article Wholly Amended on Dec. 30, 2016]
| Article 15-4 (Quality Inspection Institutions for High-Pressure Gases) |
“Institution for inspecting the quality of high-pressure gases determined by Presidential Decree” in Article 18-3 (1) of the Act means the Korea Gas Safety Corporation. [This Article Newly Inserted on Jul. 20, 2015]
| Article 15-5 (Exemption from Certification of Safety Equipment) |
Any of the following safety equipment shall be fully exempt from certification pursuant to the proviso of Article 18-4 (1) of the Act: | 3. | Any of the following safety equipment: |
| (a) | Safety equipment imported for testing or research and development (limited to where the relevant safety equipment is directly subject to testing or research and development); |
| (b) | Safety equipment manufactured for export; |
| (c) | Safety equipment imported to the Republic of Korea for which an inspection is conducted or certification is granted in a foreign nation to be used by a foreign institution located in the Republic of Korea; |
| (d) | Safety equipment imported by being attached to any industrial machine, equipment, etc.; |
| (e) | Safety equipment imported as a sample; |
| (f) | Safety equipment for which a safety inspection is conducted or safety certification is granted under other statutes or regulations; |
| (g) | Safety equipment not manufactured in the Republic of Korea and imported from abroad, whose safety is verified by means recognized by the Minister of Trade, Industry and Energy. |
[This Article Newly Inserted on Oct. 29, 2019]
| Article 16 (Specified High-Pressure Gas) |
The specified high-pressure gas prescribed in Article 20 (1) of the Act shall be as follows: | 5. | Arsenic pentafluoride; |
| 6. | Phosphorus pentafluoride; |
| 7. | Phosphorus trifluoride; |
| 10. | Sulfur tetrafluoride; |
| 11. | Silicon tetrafluoride. |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 16-2 (Application for Approval of Detailed Standards) |
Where the Gas Technical Standards Committee referred to in Article 33-2 of the Act has deliberated on and determined the detailed standards prescribed in Article 22-2 (2) of the Act, it shall submit a written application for approval stating the following matters, to the Minister of Trade, Industry and Energy within 10 days from the date of deliberation and resolution: <Amended on Mar. 23, 2013> | 1. | The reasons for determining or amending the detailed standards; |
| 2. | The progress and outcomes of deliberation by the Gas Technical Standards Committee; |
| 3. | The minutes of the Gas Technical Standards Committee. |
[This Article Newly Inserted on Jun. 20, 2008]
| Article 16-3 (Excavation Works Not Subject to Verification of Status of Underground High-Pressure Gas Pipelines) |
“Excavation works prescribed by Presidential Decree” in the proviso of Article 23-3 (1) of the Act means any of the following excavation works: | 1. | Excavation works manually conducted by the owner or occupant of land; |
| 2. | Excavation works conducted by a business entity, etc. referred to in Article 7 of the Act; or by a reported user of specified high-pressure gas referred to in Article 20 (1) of the Act within his or her place of business; |
| 3. | Excavation works manually conducted by a business entity who owns pipelines outside the place of business referred to in Article 23-3 (2) of the Act, to verify the location of high-pressure gas pipelines pursuant to paragraph (3) of the same Article; |
| 4. | Excavation works of less than 45 centimeters deep conducted on farmland defined in subparagraph 1 of Article 2 of the Farmland Act for cultivation; |
| 5. | Other excavation works acknowledged and publicly announced by the Minister of Trade, Industry and Energy as unlikely to damage high-pressure gas pipelines. |
[This Article Newly Inserted on Jul. 20, 2015]
| Article 17 (Orders for Measures for Preventing Danger and Injury) |
Pursuant to Article 24 (1) of the Act, the permitting authorities, report-receiving authorities, registration authorities, or the authorities receiving usage report may order a person who has obtained permission, reported, or filed for registration under the Act; or a person who uses high-pressure gas, to take the following measures necessary to prevent danger and injury: | 1. | Special safety inspections of gas facilities during periods vulnerable to gas accidents, such as wintering and thawing seasons; |
| 2. | Suspending gas supply to gas-using facilities with potential risks of gas accidents; |
| 3. | Other measures necessary for safety control. |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 17-2 (Compensation for Loss) |
| (1) | When paying compensation for loss pursuant to the main sentence of Article 24 (3) of the Act, the permitting authorities, the report-receiving authorities, or the authorities receiving usage report shall determine the amount of compensation and other matters related to compensation in consultation with a business entity who has suffered the loss. |
| (2) | Where the permitting authorities, the report-receiving authorities, or the authorities receiving usage report fails to or cannot consult prescribed in paragraph (1) regarding matters related to compensation for loss, the permitting authorities, the report-receiving authorities, the authorities receiving usage report or the relevant business entity may apply for adjudication to the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013> |
| (3) | Where the Minister of Trade, Industry and Energy receives an application for adjudication referred to in paragraph (2), he or she shall notify the other parties thereof and provide him or her with an opportunity to submit a statement of his or her opinion by prescribing a period for submission. <Amended on Mar. 23, 2013> |
| (4) | Where the Minister of Trade, Industry and Energy receives an application for adjudication referred to in paragraph (2), he or she may prepare a consultation proposal regarding the amount of compensation and other matters related to compensation for loss, and recommend its acceptance by the relevant parties. <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on Jun. 20, 2008]
| Article 18 (Types of Insurance) |
| (1) | The types of insurance referred to in Article 25 (2) of the Act are gas accident liability insurance and insurances including details identical thereto. |
| (2) | Persons eligible to subscribe to insurance prescribed in paragraph (1) shall be any of the following persons: <Amended on Nov. 10, 2010; Nov. 23, 2011; Mar. 23, 2013; Oct. 29, 2019> |
| 1. | A person who has obtained permission or reported pursuant to Article 4 (1), (2) and (5) of the Act; |
| 2. | A person who has registered pursuant to Article 5 (1) of the Act; |
| 3. | A person prescribed by Ordinance of the Ministry of Trade, Industry and Energy among the reported users of specified high-pressure gas referred to in Article 20 (1) of the Act; |
| 4. | A person who has imported containers, etc. (excluding containers, etc. falling under Article 15 (1) 2, 4 through 6, 8 or 9) for sale. |
| (3) | The amount of insurance cover prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Mar. 23, 2013> |
| (4) | Matters necessary for the procedures for subscribing to insurance prescribed in Article 25 (2) of the Act, the methods and procedures for supporting persons engaged in preventing high-pressure gas accidents prescribed in Article 25 (3) of the Act and other relevant matters shall be determined by the Minister of Trade, Industry and Energy in consultation with the Financial Services Commission. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 18-2 (Composition and Operation of Gas Accident Investigation Board) |
| (1) | The Gas Accident Investigation Board referred to in Article 26-2 (1) of the Act (hereafter referred to as the “Board” in this Article and Articles 18-3 through 18-5) shall consist of up to 12 members, including one Chairperson. <Amended on Jul. 4, 2012> |
| (2) | The members of the Board shall be appointed or commissioned by the Minister of Trade, Industry and Energy from among any of the following persons; and the Chairperson of the Board shall be appointed or commissioned by the Minister of Trade, Industry and Energy from among its members: <Amended on Mar. 23, 2013> |
| 1. | Public officials performing duties for gas safety; |
| 2. | Executive officers and employees of organizations or research institutes related to gas safety business; |
| 3. | Persons with abundant knowledge about and experience in gas safety business. |
| (3) | Any member who attends a meeting of the Board may be paid allowances and be reimbursed for traveling expenses within the budget: Provided, That the foregoing shall not apply when any member who is a public official attends a meeting of the Board in direct relation to his or her duties. |
| (4) | Deleted. <Jul. 4, 2012> |
[This Article Newly Inserted on Nov. 19, 2009]
| Article 18-3 (Disqualification of, Challenge to, or Refrainment by, Members) |
| (1) | Where a member falls under any of the following, he or she shall be disqualified from participating in the deliberation and decision-making by the Board: |
| 1. | Where the member or his or her current or former spouse becomes a party (where a party is a corporation, organization, etc., including an executive officer thereof; hereafter the same shall apply in this subparagraph and subparagraph 2) to the relevant agenda item, or is a joint holder of any right or joint obligor of a party to the relevant agenda item; |
| 2. | Where the member is or was a relative of a party to the relevant agenda item; |
| 3. | Where the member has provided testimony, a statement, advice, or conducted research, service, a survey or appraisal concerning the relevant agenda item; |
| 4. | Where the member has held office in a corporation, organization, etc. with which a party to the relevant agenda item is affiliated over the recent two years; |
| 5. | Where the member or a corporation, organization, etc. with which the member is affiliated is or was the representative of a party to the relevant agenda item. |
| (2) | Where a party to the relevant agenda item has a reason to believe that he or she can hardly expect impartiality from a member in deliberation and decision-making, the party may apply for challenge to the Board, and the Board shall determine thereon by resolution. In such cases, the member subject to the application for challenge shall not participate in the decision-making. |
| (3) | Where the member falls under any ground for disqualification prescribed in the subparagraphs of paragraph (1), he or she shall voluntarily refrain from the Board’s deliberation and decision-making on the relevant agenda item. |
[This Article Newly Inserted on Jul. 4, 2012]
| Article 18-4 (Dismissal or Removal of Members) |
Where a member falls under any of the following, the Minister of Trade, Industry and Energy may dismiss or remove him or her: <Amended on Mar. 23, 2013>
| 1. | Where the member becomes unable to perform his or her duties due to any mental or physical disorder; |
| 2. | Where the member is deemed unsuitable to serve as a member due to neglecting a duty, losing dignity, etc.; |
| 3. | Where the member fails to refrain himself or herself despite falling under any subparagraph of Article 18-3 (1). |
[This Article Newly Inserted on Jul. 4, 2012]
| Article 18-5 (Operating Rules) |
Matters necessary for organizing and operating the Board, other than those provided for in Articles 18-2 through 18-4 shall be prescribed by the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013> [This Article Newly Inserted on Jul. 4, 2012]
| Article 19 (Guidance and Supervision) |
| (1) | According to Article 26-3 of the Act, the Minister of Trade, Industry and Energy may take the following measures regarding Mayors/Do Governors or the heads of Sis/Guns/Gus: <Amended on Mar. 23, 2013; Jul. 21, 2014> |
| 1. | Providing advice, recommendations or guidance regarding performing duties for gas safety control; |
| 2. | Determining and notifying the standards and procedures for handling duties for gas safety control; |
| 3. | Issuing instructions regarding inspecting gas facilities to prevent gas safety accidents; |
| 4. | Issuing instructions regarding special safety control of facilities deemed to require special management for gas safety; |
| 5. | Issuing instructions regarding performing duties when it is recognized that there are concerns in terms of public safety or danger and injury due to neglecting duties for gas safety control; |
| 6. | Providing professional training on gas safety control to public officials performing duties for gas safety control; |
| 7. | Issuing instructions regarding other necessary measures when such measures are urgently required for gas safety control. |
| (2) | The Mayors/Do Governors or the heads of Sis/Guns/Gus who have received guidance on the conduct of professional training prescribed in paragraph (1) 6 shall require public officials performing gas safety control duties under his or her jurisdiction to receive such professional training on gas safety control provided by the Korea Gas Safety Corporation. |
[This Article Wholly Amended on Jun. 20, 2008]
According to Article 26-3 of the Act, where it is necessary, the Minister of Trade, Industry and Energy may require the heads of Sis/Guns/Gus to report on the following matters regarding high-pressure safety control: <Amended on Mar. 23, 2013; Oct. 29, 2019> | 1. | Matters related to permission prescribed in Article 4 (1) and (5) of the Act; |
| 2. | Matters related to reports prescribed in Articles 4 (2), 7, 15 (3), and 20 of the Act; |
| 3. | Matters related to registration prescribed in Articles 5 (1), 5-3 (1), and 5-4 (1) of the Act; |
| 4. | Matters related to a disposition to revoke, disposition to suspend use, or disposition of restrict use prescribed in Article 9 (1) of the Act. |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 21 (Matters to Be Stated in Articles of Incorporation of the Korea Gas Safety Corporation) |
| (1) | The following matters shall be provided for in the articles of incorporation of the Korea Gas Safety Corporation: |
| 3. | Matters regarding its offices; |
| 4. | Matters regarding the board of directors; |
| 5. | Matters regarding executive officers and employees; |
| 6. | Matters regarding services and performance thereof; |
| 7. | Matters regarding accounting; |
| 8. | Matters regarding amending the articles of incorporation; |
| 9. | Matters regarding establishing, amending or repealing rules and regulations. |
| (2) | Where the Korea Gas Safety Corporation intends to amend its articles of incorporation, it shall obtain authorization of the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 22 (Expenses for Conducting Business Affairs Such as Technical Review) |
The Korea Gas Safety Corporation may be reimbursed for expenses incurred in providing the relevant technical guidance from the following persons with approval of the Minister of Trade, Industry and Energy: <Amended on Nov. 23, 2011; Mar. 23, 2013; Jul. 24, 2015>
| 1. | A person who intends to undergo a technical review regarding safety related to gas, etc.; |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 23 (Approval and Report) |
| (1) | Regarding the following matters, the Korea Gas Safety Corporation shall obtain approval from the Minister of Trade, Industry and Energy: <Amended on Mar. 23, 2013> |
| 2. | Budget for revenue and expenditure; |
| 3. | Other matters to be approved pursuant to the articles of incorporation. |
| (2) | The Korea Gas Safety Corporation shall report the following matters to the Minister of Trade, Industry and Energy: <Amended on Mar. 23, 2013> |
| 2. | Settlement of revenues and expenditures. |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 23-2 (Appointment of Members of Gas Technical Standards Committee) |
| (1) | According to Article 33-2 (1) of the Act, the members of the Gas Technical Standards Committee shall consist of ex officio members and commissioned members. |
| (2) | The following persons shall serve as ex officio members: <Amended on Mar. 23, 2013> |
| 1. | A director in charge of business affairs related to the gas technology standards in the Ministry of Trade, Industry and Energy; |
| 2. | An executive officer in charge of business affairs related to the gas technology standards in the Korea Gas Safety Corporation; |
| 3. | A public official in charge of business affairs related to the gas technology standards appointed by the Minister of Trade, Industry and Energy, from among public officials of at least Grade 4 (including members of the Senior Executive Service) in central administrative agencies. |
| (3) | Commissioned members shall be commissioned by the Minister of Trade, Industry and Energy, from among any of the following persons: <Amended on Mar. 23, 2013; Jun. 25, 2014> |
| 1. | Persons holding a current or former position of at least an assistant professor at departments related to machinery, chemical engineering, metal, safety control, civil engineering, architecture, electricity, electronics or gas at colleges or higher educational institutions prescribed in the Higher Education Act; |
| 2. | Persons holding a doctorate or the qualification as a professional engineer prescribed in the National Technical Qualifications Act in the fields of machinery, chemical engineering, metal, safety control, civil engineering, architecture, electricity, electronics or gas with at least five years’ work experience in the relevant field; |
| 3. | Persons holding the position of at least an executive officer in charge of technology in a business organization or corporation related to gas with at least five years’ work experience in gas-related fields; |
| 4. | Persons holding the position of at least a senior researcher in a government-funded science and technology research institute defined in Article 2 of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes or a specific research institute defined in Article 2 of the Specific Research Institutes Support Act. |
| (4) | In commissioning members pursuant to paragraph (3), the Minister of Trade, Industry and Energy may request recommendation of members from the Korea Gas Safety Corporation or related academia, organizations, etc. <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on Jun. 20, 2008]
[Previous Article 23-2 moved to Article 23-3 <Jun. 20, 2008>]
| Article 23-3 (Persons Subject to Safety Control Charges) |
| (1) | Safety control charges referred to in Article 34-2 of the Act (hereinafter referred to as "charges") shall be collected from a person falling under paragraph (1) of the same Article: Provided, That no charges shall be collected in any of the following cases: <Amended on Dec. 31, 2008; Mar. 23, 2013; Jul. 20, 2015; Jun. 2, 2017> |
| 2. | When selling liquefied petroleum gas or liquefied natural gas for industrial or power generation purposes publicly announced by the Minister of Trade, Industry and Energy (limited to when selling liquefied petroleum gas or liquefied natural gas at a price excluding the amount of charges); |
| 3. | When importing liquefied natural gas to directly use it for power generation purposes publicly announced by the Minister of Trade, Industry and Energy; |
| 4. | When purchasing and selling liquefied petroleum gas or liquefied natural gas for which the charges have already been paid by other persons subject to charges. |
| (2) | In any of the following cases, the charges which were previously excluded from the purchase price shall be paid: <Amended on Dec. 31, 2008> |
| 2. | Where a person who has purchased liquefied petroleum gas or liquefied natural gas at a price excluding the amount of charges pursuant to paragraph (1) 2 intends to use or sell the relevant liquefied petroleum gas or liquefied natural gas for purposes other than those prescribed in the same subparagraph; |
| 3. | Where a person who has imported liquefied natural gas at a price excluding the amount of charges pursuant to paragraph (1) 3 intends to use the relevant liquefied natural gas for purposes other than those prescribed in paragraph (1) 3. |
[This Article Wholly Amended on Jun. 20, 2008]
[Moved from Article 23-2 <Jun. 20, 2008>]
| Article 23-4 (Deadline for Paying Charges and Methods for Collection) |
| (1) | Charges shall be paid to the Bank of Korea (including national treasury agencies and national treasury receipt agencies) established under the Bank of Korea Act within a period determined by the Minister of Trade, Industry and Energy at up to three months from the date of sale (where a person has used liquefied petroleum gas or liquefied natural gas for purposes other than those provided for in Article 23-3 (1) 2 and 3, referring to the date of its use). <Amended on Dec. 31, 2008; Mar. 23, 2013> |
| (2) | Surcharges prescribed in Article 34-2 (4) of the Act shall be the amount calculated by applying 1/10,000 of the unpaid charges for each day in arrears. In such cases, a period for collecting surcharges shall not exceed 60 months. <Amended on Jul. 21, 2014> |
| (3) | Detailed matters necessary for imposing and collecting charges shall be determined and publicly announced by the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Jun. 20, 2008]
| Article 23-5 (Payment of Charges Using Credit Cards) |
| (1) | Any person liable to pay charges may pay the relevant charges by credit card, debit card, etc. (hereafter in this Article referred to as "credit cards, etc.") through an agency prescribed by Ordinance of the Ministry of Trade, Industry and Energy to provide services for vicariously paying charges (hereafter in this Article referred to as “charge payment processing service provider”). |
| (2) | A charge payment processing service provider may receive fees for payment service using credit cards, etc. from persons liable to pay charges that shall not exceed 10/1,000 of the payment amount. |
| (3) | Fees for payment service and other mattes necessary to pay charges using credit cards, etc. shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. |
[This Article Newly Inserted on Dec. 30, 2016]
[Previous Article 23-5 moved to Article 23-6 <Dec. 30, 2016>]
| Article 23-6 (Entrustment of Collection of Charges) |
| (1) | According to Article 34-3 of the Act, the Minister of Trade, Industry and Energy may entrust duties related to collecting charges to the Korea National Oil Corporation. <Amended on Mar. 23, 2013> |
| (2) | Where necessary to efficiently conduct duties for collecting charges entrusted pursuant to paragraph (1), the Korea National Oil Corporation may determine detailed matters concerning collecting charges with approval of the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013> |
| (3) | The Korea National Oil Corporation shall report matters related to collecting charges for each month to the Minister of Trade, Industry and Energy by the 15th of the following month. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Jun. 20, 2008]
[Moved from Article 23-5 <Dec. 30, 2016>]
| Article 24 (Designation and Re-Designation of Inspection Agencies) |
| (1) | Inspection agencies to be designated pursuant to Article 35 of the Act (hereinafter referred to as “inspection agencies”) shall be classified into professional inspection agencies for performing inspections requiring specialized technology and testing and certified inspection agencies for performing other inspections. |
| (2) | The standards for designating or re-designating inspection agencies pursuant to Article 35 (4) of the Act shall be as follows: <Amended on Nov. 19, 2009; Feb. 16, 2015> |
| 1. | Each professional inspection agency shall meet the following requirements: |
| (a) | It shall not fall under any subparagraph of Article 6 of the Act; |
| (b) | Where its designation has been cancelled under Article 35-2 of the Act, at least two years shall have passed from the date of the designation; |
| (c) | It shall have the technology and assets sufficient in performing inspections; |
| (d) | It shall meet the criteria determined and publicly announced by the Minister of Trade, Industry and Energy regarding the following matters: |
| (i) | Matters related to ensuring fairness in performing inspections, including the composition of the executives and employees of an inspection agency; |
| (ii) | Matters related to ensuring financial independence from persons who intend to undergo an inspection; |
| (e) | It shall have undergone a technical review of the Korea Gas Safety Corporation conducted regarding its plans for installing inspection facilities, inspection methods, etc.; |
| (f) | It shall comply with all relevant obligations, standards, etc. prescribed in other statutes and regulations; |
| 2. | Each certified inspection agency shall meet the following requirements: |
| (a) | It shall have been established under the Civil Act or other statutes and regulations; |
| (b) | It shall conduct business affairs related to facilities or products subject to inspections or be capable of conducting business affairs related to the safety of gas facilities; |
| (c) | It shall meet the requirements prescribed in subparagraph 1 (d) through (f). |
| (3) | Any person who intends to be designated or re-designated as an inspection agency shall submit a written application, attaching documents prescribed by Ordinance of the Ministry of Trade, Industry and Energy, to the competent Mayor/Do Governor. <Amended on Nov. 19, 2009; Mar. 23, 2013> |
| (4) | The standards for the assets, workforce, and inspection equipment of inspection agencies, the procedures for applying for designation and re-designation, and other relevant matters shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Nov. 19, 2009; Mar. 23, 2013> |
[This Article Wholly Amended on Jun. 20, 2008]
[Title Amended on Nov. 19, 2009]
| Article 25 (Entrustment of Business Affairs) |
| (1) | According to Article 36 (1) of the Act, the Minister of Trade, Industry and Energy, a Mayor/Do Governor, or the head of Si/Gun/Gu may entrust the following business affairs to the Korea Gas Safety Corporation: <Amended on Nov. 19, 2009; Nov. 10, 2010; Mar. 23, 2013> |
| 1. | Verifying and evaluating compliance with the safety control regulations prescribed in Article 11 (6) of the Act; |
| 2. | Interim inspections, supervision, and completion inspections prescribed in Article 16 (1) through (3) of the Act; |
| 3. | Regular inspections (excluding those falling under paragraph (2) 1) and occasional inspections prescribed in Article 16-2 (1) of the Act; |
| 4. | Inspections and re-inspections (excluding those falling under paragraph (2) 2 or 3) prescribed in Article 17 (1) and (2) of the Act; |
| 5. | Collecting and inspecting distributed containers, etc. prescribed in Article 18 (2) of the Act; |
| 6. | Conducting completion inspections of facilities reported for using specified high-pressure gas provided for in Article 20 (4) of the Act; |
| 7. | Receiving high-pressure gas import declarations provided for in Article 21 of the Act; |
| 8. | Conducting safety education under Article 23 (1) of the Act; |
| 9. | Orders to suspend or restrict the use of facilities, etc. referred to in Article 24 (2) of the Act; |
| 10. | Verifying, guiding and supervising inspection affairs conducted by inspection agencies under Article 35 (5) of the Act. |
| (2) | According to Article 36 (2) of the Act, the head of a Si/Gun/Gu may entrust the following business affairs to the Korea Gas Safety Corporation or an inspection agency. In such cases, the division between the business affairs to be entrusted to the Korea Gas Safety Corporation and the business affairs to be entrusted to inspection agencies shall be determined and publicly announced by the head of a Si/Gun/Gu having jurisdiction over the relevant business affairs: <Amended on Nov. 19, 2009; Mar. 23, 2013> |
| 1. | Among regular inspections prescribed in Article 16-2 (1) of the Act, regular inspections of the refrigerated production facilities for cooling or heating buildings using gas, other than inflammable or toxic gases, as refrigerant; |
| 2. | Inspecting refrigerators prescribed in Article 17 (1) of the Act and specified equipment prescribed by Ordinance of the Ministry of Trade, Industry and Energy; |
| 3. | Re-inspecting containers prescribed in Article 17 (2) of the Act and specified equipment prescribed by Ordinance of the Ministry of Trade, Industry and Energy; |
| 4. | Regularly inspecting facilities reported for using specified high-pressure gas prescribed in Article 20 (4) of the Act. |
[This Article Wholly Amended on Jun. 20, 2008]
[Title Amended on Nov. 19, 2009]
| Article 25-2 (Management of Personally Identifiable Information) |
Where essential in conducting the following business affairs, a Mayor/Do Governor, the head of a Si/Gun/Gu (when the relevant authority has been delegated or entrusted, including persons delegated or entrusted with such authority), or the Korea Gas Safety Corporation may manage data that contain resident registration numbers or alien registration numbers referred to in Article 19 of the Enforcement Decree of the Personal Information Protection Act: | 1. | Business affairs related to permission, etc. for producing high-pressure gas prescribed in Article 4 of the Act; |
| 2. | Business affairs related to registering, etc. manufacturing containers, refrigerators, and specified equipment prescribed in Article 5 of the Act; |
| 3. | Business affairs related to registering high-pressure gas importers prescribed in Article 5-3 of the Act; |
| 4. | Business affairs related to registering high-pressure gas transporters prescribed in Article 5-4 of the Act; |
| 5. | Business affairs related to succeeding to the status of a business entity, etc. provided for in Article 8 of the Act; |
| 6. | Business affairs related to completion inspections referred to in Article 16 (3) of the Act; |
| 7. | Business affairs related to regular inspections referred to in Article 16-2 of the Act; |
| 8. | Business affairs related to completion inspections and regular inspections referred to in Article 20 (4) of the Act; |
| 9. | Business affairs related to safety education referred to in Article 23 of the Act; |
| 10. | Business affairs related to technical reviews referred to in Article 3 (6). |
[This Article Newly Inserted on Mar. 27, 2017]
[Previous Article 25-2 moved to Article 25-3 <Mar. 27, 2017>]
| Article 25-3 (Re-Examination of Regulation) |
The Minister of Trade, Industry and Energy shall review the appropriateness of the following matters every five years from the relevant following base dates (referring to the period ending on the day before every fifth anniversary from the relevant base date), and take measures such as making improvements, etc.: <Amended on Dec. 24, 2018>
| 1. | Persons required to report the production of high-pressure gas under Article 4: January 1, 2019; |
| 2. | The scope of and standards for registration of high-pressure gas transporters, etc. under Article 5-4: January 1, 2019. |
[This Article Newly Inserted on Dec. 9, 2014]
[Moved from Article 25-2 <Mar. 27, 2017>]
| Article 26 (Criteria for Imposing Administrative Fines) |
The criteria for imposing administrative fines prescribed in Article 43 (5) of the Act shall be as prescribed in attached Table 4. [This Article Wholly Amended on Apr. 5, 2011]
ADDENDA <Presidential Decree No. 14807, Nov. 22, 1995>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Safety Improvement Plans for Existing Facilities Subject to Safety Evaluation) Business entities, etc. that have facilities subject to safety evaluation prescribed in Article 11 as at the time this Decree enters into force, shall classify their facilities by unit process; formulate a safety improvement plan regarding facilities equivalent to 1/4 of all the facilities they hold each year over the four years from 1996; and shall submit it to the permitting authorities by September 30 of each year. |
ADDENDA <Presidential Decree No. 15232, Dec. 31, 1996>
| (1) | (Enforcement Date) This Decree shall enter into force on January 1, 1997. |
ADDENDUM <Presidential Decree No. 15598, Dec. 31, 1997>
This Decree shall enter into force on January 1, 1998.
ADDENDA <Presidential Decree No. 15761, Apr. 1, 1998>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
ADDENDA <Presidential Decree No. 16081, Dec. 31, 1998>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 1999.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 16453, Jun. 30, 1999>
| (1) | (Enforcement Date) This Decree shall enter into force on July 1, 1999. |
| (2) | (Transitional Measures concerning Business Entities for Refrigerated Production) Where any person, granted permission for refrigerated production under the previous provisions before this Decree enters into force, is subject under this Decree to the report on refrigerated production, he or she shall be deemed to have reported pursuant to this Decree. |
| (3) | (Transitional Measures concerning Manufacturers of Liquefied Natural Gas Storage Tanks) Notwithstanding the amended provisions of Article 5 (1) 3, any person who manufactures liquefied natural gas storage tanks as at the time this Decree enters into force, may continue to manufacture them pursuant to the previous provisions up to six months after the date this Decree enters into force. |
| (4) | (Transitional Measures concerning Imposition of Penalty Surcharges) Notwithstanding the amended provisions of Article 7 and attached Table 2, the previous provisions shall apply to imposing penalty surcharges for any violation committed before this Decree enters into force. |
| (5) | (Transitional Measures concerning Entrustment of Authority) The previous provisions shall apply to any authority entrusted to the Corporation before this Decree enters into force, among the authority prescribed in Article 25 (4), until a public announcement is made pursuant to the aforementioned paragraph. |
ADDENDUM <Presidential Decree No. 17283, Jun. 30, 2001>
This Decree shall enter into force on July 1, 2001.
ADDENDA <Presidential Decree No. 17682, Jul. 24, 2002>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Criteria for Designating Inspection Agencies) Any person designated an inspection agency under the previous provisions as at the time this Decree enters into force shall submit documents verifying such designation to the competent Mayor/Do Governor by June 30, 2004 after meeting the requirements prescribed in the amended provisions of Article 24 (2). |
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18343, Mar. 29, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 30, 2004.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 18796, Apr. 22, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 23, 2005. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 19138, Nov. 25, 2005>
This Decree shall enter into force on November 27, 2005: Provided, That the amended provision of Article 5-2 (1) 2 shall enter into force on November 27, 2006.
ADDENDA <Presidential Decree No. 20258, Sep. 10, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 20678, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 20789, May 21, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 26, 2008.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 20842, Jun. 20, 2008>
This Decree shall enter into force on June 22, 2008.
ADDENDA <Presidential Decree No. 21218, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability)
The amended provisions of Articles 23-3 (1) 3 and 23-4 (1) shall begin to apply from the first customs clearance after this Decree enters into force.
ADDENDA <Presidential Decree No. 21263, Jan. 14, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 21590, Jun. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2009: Provided, That the amended provisions of Articles 8 and 9 shall enter into force on January 1, 2010. Article 2 (Effective Periods under Amendment of the Enforcement Decree of the Farmland Act) | (1) | The amended provisions of subparagraph 46 of attached Table 2 of the Enforcement Decree of the Farmland Act shall remain in force until June 30, 2011. |
| (2) | The amended provisions of subparagraph 46 of attached Table 2 of the Enforcement Decree of the Farmland Act shall apply to applications for permission to divert farmland (including revised permission and any authorization, permission, etc. legally construed as permission to divert farmland or a revised permission under other statutes and regulations; hereafter in this paragraph the same shall apply) or reports on diversion of farmland (including alteration reports; hereafter in this paragraph the same shall apply) made after this Decree enters into force; and the aforementioned amended provisions shall also apply to permission to divert farmland or reports on diversion of farmland made until June 30, 2011. |
Article 3 (Applicability under Amendment of the Enforcement Decree of the Tourism Promotion Act) Article 5 (Transitional Measures under Amendment of the Enforcement Decree of the Employment Insurance Act) Article 6 (Transitional Measures under Amendment of the Enforcement Decree of the Act on the Management and Promotion of Real Estate Development Business) The previous provisions shall apply to administrative fines imposed for violations committed before this Decree enters into force.
Article 7 (Transitional Measures under Amendment of the Enforcement Decree of the New Harbor Construction Promotion Act) The amended provisions of the latter part of Article 9 (5) of the Enforcement Decree of the New Harbor Construction Promotion Act shall apply to persons who have received an extension of the period of applying for approval of a plan to implement a new harbor construction project pursuant to the previous provisions in whose case such extended period has not yet expired as at the time this Decree enters into force; and the period for application shall be deemed extended once pursuant to the aforementioned amended provisions. The previous provisions shall apply to administrative fines imposed for violations committed before this Decree enters into force.
Article 9 (Transitional Measures under Amendment of the Enforcement Decree of the Sewerage Act)
ADDENDA <Presidential Decree No. 21830, Nov. 19, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 22, 2009.
Article 2 (Transitional Measures concerning Containers That Obtained Product Certification)
Notwithstanding the amended provisions of Article 15, until March 1 2010, the previous provisions shall apply to exempting inspections of containers, etc. manufactured after obtaining certification prescribed in the previous provisions of Article 15 (1) 1 as at the time this Decree enters into force. Article 3 (Transitional Measures concerning Re-Designation of Inspection Agencies)
ADDENDA <Presidential Decree No. 22269, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22477, Nov. 10, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Registration of Manufacturers of Containers Manufactured in Foreign Nations)
Any person who manufactures items newly added to the scope of registration of containers, etc. manufactured in a foreign nation to export to the Republic of Korea as at the time this Decree enters into force shall file for registration pursuant to Article 5-2 of the Act by June 30, 2011.
ADDENDA <Presidential Decree No. 22865, Apr. 5, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Administrative Fines)
| (1) | Notwithstanding the amended provisions of attached Table 4, the previous provisions shall apply when applying the criteria for imposing administrative fines for violations committed before this Decree enters into force. |
| (2) | Any disposition imposing administrative fines for violations committed before this Decree enters into force shall not be included when counting the number of violations pursuant to the amended provisions of attached Table 4. |
ADDENDA <Presidential Decree No. 23310, Nov. 23, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 25, 2011.
Article 2 (Transitional Measures concerning Purchase of Insurance)
Any person who imports containers, etc. as at the time this Decree enters into force shall subscribe to insurance prescribed in Article 18 within six months from the date this Decree enters into force. Article 3 (Transitional Measures concerning Administrative Fines)
Notwithstanding the amended provisions of attached Table 4, the previous provisions shall apply when applying the criteria for imposing administrative fines for violations committed before this Decree enters into force.
ADDENDUM <Presidential Decree No. 23928, Jul. 4, 2012>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 24442, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 24955, Dec. 11, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 12, 2013.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 25393, Jun. 25, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 29, 2014.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 25491, Jul. 21, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 22, 2014: Provided, That the amended provisions of Article 5-4 (1) 4 and 5 shall enter into force on January 22, 2015. Article 2 (Special Cases concerning Registration of High-Pressure Gas Transporters)
Any vehicle that transported high-pressure gas or liquefied petroleum gas prior to the date this Decree enters into force prescribed in the proviso of Article 1 of these Addenda shall be deemed registered pursuant to the amended provisions of Article 5-4 (1) 4 and 5: Provided, That the registration shall be made after meeting the requirements provided for in the amended provisions of Article 5-4 (1) 4 and 5 by April 22, 2015.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 26104, Feb. 16, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 24 (2) shall enter into force on January 1, 2016. Article 2 (Transitional Measures concerning Standards for Designating or Re-Designating Inspection Agencies)
Notwithstanding the amended provisions of Article 24 (2), the previous provisions shall apply to the standards for designating or re-designating inspection agencies designated or re-designated prior to January 1, 2016 until the period of validity of the relevant designation or re-designation expires.
ADDENDA <Presidential Decree No. 26417, Jul. 20, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 29, 2015: Provided, That the amended provisions of Articles 5-3 (1), 15-3, and 15-4 shall enter into force on January 29, 2016. Article 2 (Transitional Measures concerning Imposition of Penalty Surcharges)
Notwithstanding the amended provisions of Article 7 (2), the previous provisions shall apply when imposing penalty surcharges for violations committed before this Decree enters into force.
ADDENDA <Presidential Decree No. 26438, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 29, 2015.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 26916, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 21, 2016. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 27047, Mar. 22, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 27726, Dec. 30, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27767, Jan. 6, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 7, 2017.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 28090, Jun. 2, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 13 (4) shall enter into force on June 3, 2017; and the amended provisions of attached Table 3 shall enter into force on September 1, 2017. Article 2 (Applicability to Periods for Agents to Act on Behalf of Safety Managers)
The amended provisions of Article 13 (4) 1 shall apply where agents are designated after the amended provisions of Article 13 (4) enter into force pursuant to the proviso to Article 1 of these Addenda. Article 3 (Transitional Measures concerning Agents to Act on Behalf of Safety Officers)
Notwithstanding the amended provisions of Article 13 (5) 3, any person designated as a safety officer pursuant to the previous provisions of Article 13 (5) 3 before this Decree enters into force may act on behalf of the safety officer during the period of such designation.
ADDENDUM <Presidential Decree No. 29421, Dec. 24, 2018>
This Decree shall enter into force on January 1, 2019.
ADDENDUM <Presidential Decree No. 29757, May 14, 2019>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 29825, Jun. 11, 2019>
This Decree shall enter into force on June 12, 2019.
ADDENDA <Presidential Decree No. 30106, Oct. 8, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 30169, Oct. 29, 2019>
This Decree shall enter into force on November 1, 2019.
ADDENDA <Presidential Decree No. 30256, Dec. 24, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 16, 2020. (Proviso Omitted.)
Articles 2 through 33 Omitted.