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ENFORCEMENT DECREE OF THE SPECIAL ACT ON THE REDUCTION AND MANAGEMENT OF FINE DUST

Presidential Decree No. 29514, Feb. 8, 2019

Amended by Presidential Decree No. 29657, Mar. 26, 2019

Presidential Decree No. 30096, Sep. 24, 2019

Presidential Decree No. 30590, Mar. 31, 2020

 Article 1 (Purpose)
The purpose of this Decree is to provide for matters mandated by the Special Act on the Reduction and Management of Fine Dust and matters necessary for the enforcement thereof.
 Article 2 (Formulation of Comprehensive Plans for Fine Dust Management)
(1) "Matters prescribed by Presidential Decree" in Article 7 (2) 8 of the Special Act on the Reduction and Management of Fine Dust (hereinafter referred to as the "Act") means the following:
1. Matters concerning international cooperation for the reduction and management of emission of fine dust and fine dust-generating substances (hereinafter referred to as "fine dust, etc.");
2. Matters concerning research and development of technologies for the reduction and management of emission of fine dust, etc.
(2) "Modification of insignificant matters prescribed by Presidential Decree" in the latter part of Article 7 (3) of the Act means the following:
1. Modification within 30/100 of the finances of a comprehensive plan for the reduction and management of fine dust under Article 7 (1) of the Act (hereinafter referred to as "comprehensive plan"): Provided, That where the sum of cumulative modifications during the recent two years exceeds 30/100, such modification shall be excluded;
2. Where modification of a comprehensive plan is intended following an amendment to other statutes or regulations concerning the reduction and management of fine dust or the modification of a plan according to such statutes or regulations that does not influence the basic objective and promotional direction of the comprehensive plan;
3. Modification of matters that do not influence a comprehensive plan, such as miscalculation, misentry, omissions, or evident mistakes corresponding thereto.
 Article 3 (Matters to Be Deliberated on by Special Policy Committee on Fine Dust)
“Matters prescribed by Presidential Decree” in Article 9 (2) 9 of the Act means the following:
1. Coordination of policies concerning the reduction and management of fine dust, etc. of relevant central administrative agencies and local governments, and support therefor;
2. Examination of the results of progress of comprehensive plans and evaluation thereof.
 Article 4 (Composition of Committee)
(1) "Heads of relevant central administrative agencies prescribed by Presidential Decree" in Article 11 (3) of the Act means the Minister of Economy and Finance, the Minister of Education, the Minister of Science and ICT, the Minister of Foreign Affairs, the Minister of the Interior and Safety, the Minister of Culture, Sports and Tourism, the Minister of Agriculture, Food and Rural Affairs, the Minister of Trade, Industry, and Energy, the Minister of Health and Welfare, the Minister of Environment, the Minister of Employment and Labor, the Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, the Minister of SMEs and Startups, the Minister of the Office for Government Policy Coordination, the Minister of the Korea Forest Service, and the Administrator of the Korea Meteorological Administration.
(2) Where members of the Special Policy Committee on Fine Dust (hereinafter referred to as the "Committee") established under Article 10 (1) of the Act are to be commissioned (hereinafter referred to as "commissioned members") under Article 11 (4) of the Act, a gender ratio shall be taken into consideration.
(3) The term of office of commissioned members shall be three years and they may be re-commissioned only once: Provided, That the term of office of a member filling a vacancy shall be the remaining term of office of his or her predecessor.
 Article 5 (Exclusion from, Challenge to, and Refrainment of Members)
(1) A member of the Committee shall be excluded from deliberations on the relevant agenda item in any of the following cases:
1. Where a member or the current or former spouse of such member is a party (where the party is a juristic person, organization, etc., including executive officers thereof; hereafter the same shall apply in this subparagraph and subparagraph 2) to the relevant agenda item or is a joint right-holder or joint obligator with a party to the relevant agenda item;
2. Where the Committee member is a current or former relative of the person directly involved in the relevant agenda item;
3. Where the member has given any testimony, statement, advice, or conducted any research, service, or appraisal with respect to the relevant agenda item;
4. 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 the circumstances indicate that it would be difficult to expect fair deliberation and resolution from a member, any party to the relevant case may file a request for a challenge to such member with the Deliberative Committee; and the Deliberative Committee shall decide whether to grant the request by a resolution. In such cases, the member a challenge to whom is requested shall not participate in the resolution on the relevant case.
(3) Where a member is subject to disqualification for any reason under the subparagraphs of paragraph (1), such member shall voluntarily refrain from deliberation and resolution on the relevant agenda item.
 Article 6 (Dismissal of Commissioned Members)
Where a commissioned member falls under any of the following cases, the chairperson of the Committee who is the Prime Minister and the chairperson of the Committee designated by the President under Article 11 (2) of the Act (hereinafter referred to as "chairpersons") may dismiss such member:
1. Where a member is unable to perform duties due to physical or mental disorder;
2. Where the member commits any misconduct in relation to his or her duties;
3. Where the member is deemed unsuitable as a member due to neglect of duties, loss of dignity, or any other reason;
4. Where the member fails to fulfill the obligation for refrainment under Article 5 (3);
5. Where the member voluntarily expresses his or her intention that it is impracticable to perform his or her duties.
 Article 7 (Operation of Committees)
(1) The chairpersons shall represent the Committee and exercise general supervision over its affairs.
(2) Where both of the chairpersons are unable to perform their duties due to any unavoidable reason, a member designated in advance by the chairperson who is the Prime Minister shall act on behalf of the chairpersons.
(3) The chairpersons shall convene and preside over meetings of the Committee.
(4) The meetings of the Committee shall be held by attendance of a majority of the registered members, and pass resolutions by a concurring vote of a majority of the attending members.
(5) The chairpersons may have specialists, heads of relevant institutions, heads of local governments, etc. who are related to the agenda item referred to the Committee, attend a meeting and provide a statement.
(6) Allowances may be paid and travelling expenses may be reimbursed to the commissioned members, specialists, etc. who attend a meeting of the Committee within budgetary limits: Provided, That this shall not apply where a public official attends a meeting in direct connection with the duties of such official.
(7) Except as provided in paragraphs (1) through (6), matters necessary for operating the Committee shall be determined by the chairperson, following a resolution by the Committee.
 Article 8 (Scope of Inspection of Actual State)
(1) The scope of an inspection of the actual state under Article 13 (1) of the Act shall be as follows:
1. Matters concerning the calculation of air pollutant emissions from the sources of fine dust emissions to formulate a comprehensive plan;
2. Matters necessary for examining implementation plans under Article 8 (1) of the Act and for examining and evaluating the results of progress of such plans;
3. Other matters deemed necessary for formulating policies on fine dust.
(2) Where the Minister of Environment intends to conduct an inspection of the actual state under paragraph (1), he or she shall, in advance, notify an inspection plan including the date, time, purpose and details of the inspection of the actual state to the persons to be inspected.
(3) For an efficient inspection of the actual state, the Minister of Environment may conduct an inspection electronically, such as an information and communications network and electronic mail.
 Article 9 (Motor Vehicles Exempt from Restrictions on Operation)
"Motor vehicles for business use, etc. prescribed by Presidential Decree" in Article 18 (1) 1 of the Act means the following: <Amended on Mar. 26, 2019>
1. Motor vehicles for business use prescribed by ordinances of the Special Metropolitan City, Metropolitan Cities, the Special Self-Governing City, Dos, or the Special Self-Governing Province (hereinafter referred to as "City/Do") among motor vehicles for business use under Article 127 of the Local Tax Act and Article 122 (1) of the Enforcement Decree of the same Act;
2. Emergency motor vehicles defined in subparagraph 22 of Article 2 of the Road Traffic Act;
3. Motor vehicles with marks indicating use by persons with disabilities pursuant to Article 39 of the Act on Welfare of Persons with Disabilities;
4. Motor vehicles used for a prosthetic purpose, profit-making purpose, etc. by any of the following persons:
(a) Persons of distinguished service to the State under the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State who have been assigned a disability rating of 1 to 7;
(b) Persons eligible for veteran's compensation under the Act on Support for Persons Eligible for Veteran’s Compensation who have been assigned a disability rating of 1 to 7;
(c) Persons who were wounded in the May 18 Democratization Movement and registered as such under the Act on the Honorable Treatment of Persons of Distinguished Service to the May 18 Democratization Movement and have been assigned an impairment rating of 1 to 14;
(d) Persons who are patients suffering from potential aftereffects of defoliants under the Act on Assistance to Patients Suffering from Actual or Potential Aftereffects of Defoliants and Establishment of Related Organizations and have been assigned a slight disability rating or higher;
5. Motor vehicles to be used for special official purposes of the State, such as policing, fire-fighting, military use, and security guard;
6. Motor vehicles to be used by foreign missions or foreign diplomats in Korea or persons corresponding thereto for official purposes, which have been confirmed by the Minister of Foreign Affairs;
7. Motor vehicles to be used for official purposes by foreign military troops stationed in Korea;
8. Electric vehicles, solar-powered vehicles, hybrid vehicles and hydrogen electric vehicles defined in subparagraphs 3 through 6 of Article 2 of the Act on Promotion of Development and Distribution of Environment-Friendly Motor Vehicles among environment-friendly motor vehicles under subparagraph 2 of the same Article;
9. Other motor vehicles determined by the Minister of Environment after consultation with the Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, Do Governors, or the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor) as such vehicles need to be exempted from restrictions on operation.
 Article 10 (Emergency Reduction Measures to Be Taken by Mayors/Do Governors)
"Matters prescribed by Presidential Decree" in Article 18 (1) 4 of the Act means the following measures:
1. Removal of fine dust using sprinkler trucks, vacuum cleaner trucks, etc.;
2. Measures to reduce traffic, such as restrictions on the use of public parking lots;
3. Measurement and analysis of fine dust, and monitoring of illegal or excessive fine dust emission;
4. Other measures deemed necessary by the Minister of Environment or Mayors/Do Governors to reduce fine dust.
 Article 11 (Recommendations on Temporary Closure following Emergency Reduction Measures)
(1) Where necessary for implementing emergency reduction measures under Article 18 (1) of the Act (hereinafter referred to as "emergency reduction measures"), Mayors/Do Governors may recommend the heads of relevant institutions or business entities to take the following measures:
1. Temporary closure or reduction of school hours in schools under Article 64 of the Elementary and Secondary Education Act;
2. Temporary closure or reduction of school hours in kindergartens under Article 31 of the Early Childhood Education Act;
3. Temporary closure or reduction of child care hours in child care centers under Article 43-2 of the Infant Care Act;
4. Flexible working systems, such as the flex-time work system, work-at-home system, and part-time work, under subparagraph 3 of Article 2 of the Act on the Promotion of Creation of Family-Friendly Social Environment.
(2) Detailed matters necessary for the measures under the subparagraphs of paragraph (1) shall be determined by the Minister of Environment after consultation with the heads of relevant institutions and Mayors/Do Governors.
 Article 12 (Areas Subject to Emergency Reduction Measures and Procedures Therefor)
(1) The areas under the jurisdiction of Mayors/Do Governors who order emergency reduction measures shall be the areas subject to emergency reduction measures, and the Mayors/Do Governors may issue orders extending over the whole or part of the areas.
(2) Where Mayors/Do Governors issue orders to take emergency reduction measures, they shall immediately notify the Minister of Environment thereof and inform relevant institutions, business places, construction sites, residents, etc. in the relevant area of such fact by transmitting text messages, posting on newspapers or websites, broadcasting, etc.
(3) Where an order to take emergency reduction measures is issued, the Minister of Environment or Mayors/Do Governors may request broadcasting business entities under subparagraph 3 of Article 2 of the Broadcasting Act or facilities-based telecommunications service providers under Article 5 (3) 1 of the Telecommunications Business Act to provide cell broadcasting services.
(4) The period during which emergency reduction measures are implemented shall be from 6 a.m. to 9 p.m. of the day on which such measures are implemented, and, if necessary, the period may be adjusted by consultation between the Minister of Environment and Mayors/Do Governors.
(5) Mayors/Do Governors shall, in advance, determine the detailed implementation measures concerning adjustment to operating rates of facilities prescribed by Ordinance of the Ministry of Environment among facilities subject to emergency reduction measures under Article 18 (1) 2 of the Act after consultation with the Minister of Environment and the Minister of Trade, Industry and Energy.
(6) The Minister of Environment may establish and operate an electronic information processing system to efficiently handle information necessary for the implementation of emergency reduction measures.
(7) Except as provided in paragraphs (1) through (6), detailed matters concerning issuing an order to take emergency reduction measures shall be determined by the Minister of Environment or Mayors/Do Governors.
 Article 13 Deleted. <Mar. 31, 2020>
 Article 14 (Scope of Socially Disadvantaged Class)
The attributable causes under Article 23 (1) shall be as follows: <Amended on Sep. 24, 2019>
1. Social groups sensitive to exposure to fine dust, such as children, infants, young children, senior citizens, pregnant women, respiratory patients, and persons with heart diseases;
2. Social groups highly likely to be exposed to fine dust, such as outdoor workers and traffic facility managers.
 Article 14-2 (Designation and Operation of Fine Dust Research and Management Center)
(1) A person who intends to be designated as a fine dust research and management center (hereinafter referred to as "fine dust research center") pursuant to the main clause of Article 25-2 (1) of the Act shall apply to the Minister of Environment after satisfying all of the following requirements:
1. To have a business plan suitable for conducting affairs of surveys, research, education, technical development, etc. for the prevention, management, etc. of health damage from fine dust (hereinafter referred to as "fine dust research affairs");
2. To have facilities and equipment for the collection of samples, the measurement of fine dust, and the analysis of causative substances;
3. To have researchers with abundant expertise and experience in the relevant fields, such as environmental engineering, the atmospheric environment, atmospheric science, and environmental health;
4. To have an actual performance track record in fine dust research affairs;
5. To secure the soundness and financial stability of financial structure for the smooth operation of a fine dust research center.
(2) Upon receipt of an application for designation of a fine dust research center under paragraph (1), the Minister of Environment shall examine whether the requirements under the subparagraphs of the same paragraph are fully met and may designate a person suitable for performance of fine dust research as a fine dust research center. In such cases, priority work fields may be designated by region.
(3) Where necessary for designation pursuant to paragraph (2), the Minister of Environment may form an examination team composed of experts in the field of fine dust, etc. to examine whether the requirements under paragraph (1) are satisfied.
(4) A fine dust research center designated under paragraph (2) shall submit to the Minister of Environment the performance of fine dust research affairs of the preceding year by January 15 of each year and a plan for fine dust research of the following year by December 15 of each year.
(5) Where necessary to efficiently conduct research on fine dust, a fine dust research center may conduct research on fine dust jointly with other fine dust research centers or conduct research on fine dust in cooperation with other research institutions or organizations, etc.
(6) Detailed standards under paragraph (1) 2 and 3 and other matters necessary for the designation and operation of fine dust research centers shall be prescribed by Ordinance of the Ministry of Environment.
[This Article Newly Inserted on Sep. 24, 2019]
 Article 14-3 (Revocation of Designation of Fine Dust Research and Management Centers)
"Where any other grounds prescribed by Presidential Decree" in Article 25-2 (3) 4 of the Act means any of the following:
1. Where the relevant center fails to perform the assigned duties more than six consecutive months without just cause;
2. When it is deemded that there is no need to continue maintaining fine dust research centers.
[This Article Newly Inserted on Sep. 24, 2019]
 Article 15 (Submission of Data and Inspection)
"Business entities, etc. prescribed by Presidential Decree" in Article 26 (1) of the Act the means the following:
1. Business entities that emit fine dust, etc. into the air (applicable only where the need arises for an inspection of the actual state, such as emissions of fine dust, etc.);
 Article 16 (Delegation of Authority and Entrustment of Administrative Work)
(1) The Minister of Environment shall delegate the following authority to the president of the National Institute of Environmental Research in accordance with Article 29 (1) of the Act:
1. Inspection of the actual state of fine dust emission under Article 13 of the Act;
2. Request for ascertainment of the current state of sources of long-range transported fine dust emissions under Article 15 of the Act;
3. Designation and cancellation of designation of performance certification institutes under Articles 24 (3) and 25 (3) of the Act;
4. Cancellation of performance certification of simple measuring instruments and issuance of an order to change the mark of performance certification under Articles 25 (1) of the Act;
5. Hearings under Article 28 of the Act;
6. Imposition and collection of administrative fines under Article 31 (1) 3 of the Act.
(2) Under Article 29 (1) of the Act, the Minister of Environment shall delegate the following authority to the heads of river basin environmental offices, heads of regional environmental offices, or the Director-General of the Metropolitan Air Quality Management Office: Provided, That the authority under subparagraph 1 shall be delegated to the Director-General of the Metropolitan Air Quality Management Office:
1. Request for implementation of emergency reduction measures over a wide area (applicable only to the measures to be taken over the jurisdiction of the Metropolitan Air Quality Management Office) under Article 18 (1) of the Act;
2. Receipt of results of measures under Article 20 (1) of the Act;
3. Request for submission of data and inspection thereof under Article 26 of the Act;
4. Imposition and collection (limited to cases with regard to the authority delegated pursuant to subparagraph 3) of administrative fines under Article 31 (1) 4 of the Act.
(3) Pursuant to Article 29 (2) of the Act, the Minister of Environment shall entrust the establishment and operation of an electronic information processing system under Article 18 of the Act and Article 12 (6) of this Decree to the Korea Environment Corporation under the Korea Environment Corporation Act.
 Article 17 (Administrative Fine)
The criteria for imposition of administrative fines pursuant to Article 31 (1) and (2) of the Act shall be as specified in the attached Table.
ADDENDA <Presidential Decree No. 29514, Feb. 8, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 15, 2019: Provided, That Article 16 (1) 3 through 6 and subparagraph 2 (d) of the attached Table shall enter into force on August 15, 2019.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 29657, Mar. 26, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 1, 2019
Article 2 Omitted.
ADDENDA <Presidential Decree No. 30096, Sep. 24, 2019>
This Decree shall enter into force on September 27, 2019: Provided, That amended provisions of subparagraph 2 of Article 14 shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 30590, Mar. 31, 2020>
This Decree shall enter into force on the date of its promulgation.