Law Viewer

Back Home

ENVIRONMENTAL TESTING AND INSPECTION ACT

Act No. 8038, Oct. 4, 2006

Amended by Act No. 8292, Jan. 26, 2007

Act No. 8466, May 17, 2007

Act No. 8486, May 25, 2007

Act No. 8852, Feb. 29, 2008

Act No. 8957, Mar. 21, 2008

Act No. 8590, Apr. 1, 2009

Act No. 9770, jun. 9, 2009

Act No. 10036, Feb. 4, 2010

Act No. 10315, May 25, 2010

Act No. 10615, Apr. 28, 2011

Act No. 11261, Feb. 1, 2012

Act No. 11266, Feb. 1, 2012

Act No. 11690, Mar. 23, 2013

Act No. 11862, jun. 4, 2013

Act No. 11918, Jul. 16, 2013

Act No. 12468, Mar. 18, 2014

Act No. 13176, Feb. 3, 2015

Act No. 13601, Dec. 22, 2015

Act No. 13886, Jan. 27, 2016

Act No. 14532, Jan. 17, 2017

Act No. 15200, Dec. 12, 2017

Act No. 17184, Mar. 31, 2020

Act No. 17326, May 26, 2020

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act are to promote efficiency in environmental management, promote technical development related to testing and inspection, and further contribute to improvement in national health and environmental conservation by rationalizing technical standards, operating systems, etc. related to environmental testing and inspection, and environmental management.
 Article 2 (Definitions)
The definitions of the terms used in this Act are as follows: <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 12, 2017>
1. The term "testing, inspection, etc." means measurement, analysis and assessment (including the collection of samples for measurement, analysis and assessment) of environmental pollution or environmental harmfulness, testing and inspection of measuring instruments and environmental equipment conducted under the statutes and regulations related to the environment for environmental management and conservation, and the establishment, confirmation, etc. of standards related thereto: Provided, That the cases of ocean environment under the Acts under the jurisdiction of the Ministry of Oceans and Fisheries shall be excluded herefrom;
2. The term "measuring instruments" means equipment or instruments for measuring, analyzing or testing pollutants, etc. under the subparagraphs of Article 6 (1).
 Article 3 (Formulation of Master Plans for Development of Environmental Testing and Inspection)
(1) The Minister of Environment shall formulate a master plan for the development of environmental testing and inspection (hereinafter referred to as "master plan") every five years after deliberation by the Central Environmental Policy Committee under Article 58 of the Framework Act on Environmental Policy in order to advance standards and operating systems for environmental testing, inspection, etc. <Amended on Feb. 1, 2012>
(2) A master plan shall include the following matters:
1. A basic direction for operating systems for testing, inspection, etc.;
2. A mid- to long-term investment plan for testing, inspection, etc.;
3. Matters concerning research and development of technologies and human resources related to testing, inspection, etc.;
4. Matters concerning improvements in accuracy and precision of testing, inspection, etc.;
5. Matters concerning international cooperation related to testing, inspection, etc.;
6. Other matters necessary for the development of testing, inspection, etc.
(3) Where the Minister of Environment intends to formulate or modify a master plan, he or shehe or she shall consult with the head of the relevant central administrative agency.
 Article 4 Deleted. <Feb. 4, 2010>
 Article 5 (Establishment of Operating Systems for Testing and Inspection)
(1) The Minister of Environment shall promote each of the following projects for the establishment of operating systems for testing, inspection, etc. and the maintenance and development thereof: <Amended on Apr. 1, 2009>
1. Projects to improve accuracy and precision of environmental pollution measuring technologies;
2. Projects concerning the maintenance of retroactivity referred to in subparagraph 17 of Article 3 of the Framework Act on National Standards on measuring instruments;
3. Projects to improve reliability of institutions conducting testing, inspection, etc.;
4. Projects to advance operating systems for testing, inspection, etc.
(2) The Minister of Environment may provide necessary support, such as funds, to institutions, organizations or business owners prescribed by Presidential Decree, in order to perform projects referred to in the subparagraphs of paragraph (1). <Amended on May 26, 2020>
CHAPTER II OFFICIAL TEST STANDARDS OF ENVIRONMENTAL POLLUTION
 Article 6 (Official Test Standards for Environmental Pollution)
(1) The Minister of Environment shall determine and publicly notify an official test standards for environmental pollution (hereinafter referred to as "official test standards") on the following categories in order to ensure the unity and accuracy of measurement, analysis, assessment, etc. of environmental pollutants, conditions of environmental pollution, harmfulness, etc. In such cases, where applicable Korean Industrial Standards have been publicly notified under Article 12 of the Industrial Standardization Act, such standards shall apply except in extenuating circumstances prescribed by Presidential Decree: <Amended on Jan. 26, 2007; May 17, 2007; May 25, 2007; Jun. 9, 2009; Feb. 1, 2012; Jun. 4, 2013; Jul. 16, 2013; Dec. 22, 2015; Jan. 17, 2017; May 26, 2020>
1. Air pollutants under subparagraph 1 of Article 2 of the Clean Air Conservation Act and substances causing any climate or ecosystem change under subparagraph 2 of the same Article;
2. Noises under subparagraph 1 of Article 2 of the Noise and Vibration Control Act and vibrations under subparagraph 2 of the same Article;
3. Pollutants under subparagraph 3 of Article 2 of the Indoor Air Quality Control Act;
4. Malodor under subparagraph 1 of Article 2 of the Malodor Prevention Act;
5. Waste water under subparagraph 4 of Article 2 of the Water Environment Conservation Act and water quality pollutants under subparagraph 7 of the same Article;
6. Drinking water under subparagraph 1 of Article 3 of the Drinking Water Management Act;
7. Wastes under subparagraph 1 of Article 2 of the Wastes Control Act;
8. Hazardous chemical substances under subparagraph 7 of Article 2 of the Chemical Substances Control Act;
9. Soil contaminants under subparagraph 2 of Article 2 of the Soil Environment Conservation Act;
10. Persistent pollutants under subparagraph 1 of Article 2 of the Persistent Pollutants Control Act;
11. Light pollution by artificial lighting under subparagraph 1 of Article 2 of the Act on the Prevention of Light Pollution due to Artificial Lighting;
12. Environmentally hazardous factors (excluding hazardous chemical substances) under subparagraph 1 of Article 2 of the Environmental Health Act.
(2) Where the Minister of Environment intends to establish or amend official test standards, he or shehe or she shall consult with the head of the relevant central administrative agency.
(3) Matters necessary for procedures for the establishment of or amendment to official test standards shall be prescribed by Presidential Decree.
 Article 7 (Consultation on Statutes and Regulations Related to Official Test Standards)
Where the head of a central administrative agency in charge of the affairs related to official test standards intends to enact or amend any of the following statutes and regulations, public notices, and so on, he or shehe or she shall consult with the Minister of Environment in advance: <Amended on May 25, 2007; May 26, 2020>
1. Standards related to any of the subparagraphs of Article 6 (1);
2. Korean Industrial Standards (limited to matters related to official test standards) under Article 12 of the Industrial Standardization Act.
 Article 8 (Application of Official Test Standards)
Where it is intended to record, submit or announce officially the environmental pollution degree or to use it as a ground for administrative disposition, etc., as prescribed by the statutes and regulations related to the environment, the official test standards prescribed by this Act shall apply. <Amended on May 26, 2020>
CHAPTER III MEASURING INSTRUMENTS
 Article 9 (Type Approval and Import Declaration, etc. of Measuring Instruments)
(1) In order to ensure accuracy and unity of measuring instruments, any person who intends to manufacture or import a measuring instrument prescribed by Ordinance of the Ministry of Environment (hereinafter referred to as “manufacturer, etc.”) shall obtain type approval by the Minister of Environment for structure, standards, function, etc. of the relevant measuring instrument: Provided, That the same shall not apply to a measuring instrument, all products of which are exported, and a measuring instrument certified under Article 15 of the Industrial Standardization Act which is deemed appropriate for the standards referred to in paragraph (6) and publicly announced by the Minister of Environment. <Amended on May 25, 2007; Feb. 1, 2012; May 26, 2020>
(2) A person who intends to import a measuring instrument in the same type as a measuring instrument whose type approval has been obtained under paragraph (1) shall make a declaration (hereinafter referred to as "import declaration") to the Minister of Environment. <Amended on Feb. 1, 2012>
(3) When a person who has obtained type approval or made an import declaration under paragraphs (1) and (2) intends to modify an important matter prescribed by Ordinance of the Ministry of Environment on its type, he or shehe or she shall obtain approval of modification by the Minister of Environment. <Amended on Feb. 1, 2012; May 26, 2020>
(4) A person who has obtained type approval or approval of modification or who has made an import declaration under paragraphs (1) through (3) shall attach an indication of the details approved or declared, to a conspicuous part of a measuring instrument, as prescribed by Ordinance of the Ministry of Environment. <Amended on Feb. 1, 2012; May 26, 2020>
(5) The term of validity of type approval under paragraph (1) shall be 10 years from the date of obtaining type approval or approval of modification. <Newly Inserted on Feb. 1, 2012>
(6) Matters necessary for standards, methods, procedures, etc. for type approval, approval of modification, and an import declaration under paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Feb. 1, 2012; May 26, 2020>
 Article 9-2 (Preliminary Type Approval of New Products)
(1) Where it is impracticable to grant type approval because the standards for type approval under Article 9 (6) (hereinafter referred to as “standards for type approval”) have yet to be established, the Minister of Environment may grant preliminary type approval of any of the following measuring instruments:
1. A measuring instrument certified for its performance by an internationally certified testing and inspection institution designated and publicly notified by the Minister of Environment;
2. Other measuring instruments for which the Minister of Environment recognizes the precision and accuracy of testing, inspection, etc. have been improved through introduction of new methods.
(2) Manufacturers, etc. may manufacture or import any measuring instrument of which preliminary type approval has been obtained under paragraph (1) (hereinafter referred to as “products with preliminary type approval”).
(3) Where any manufacturer, etc. distribute and sell products with preliminary type approval, he or shehe or she shall inform purchasers of the fact that the relevant products are products with preliminary type approval of which type approval shall be obtained under Article 9 (1), as prescribed by Ordinance of the Ministry of Environment.
(4) Where the standards for type approval of products with preliminary type approval have been established, manufactures, etc. shall apply for type approval thereof under Article 9 (1) within three months after the date of establishment of such standards.
(5) The Minister of Environment shall revoke the preliminary type approval of a measuring instrument in any of the following cases and shall order the relevant manufacturers, etc. to take necessary measures such as collection, destruction, etc. of the relevant measuring instruments:
1. Where preliminary type approval has been obtained by fraud or other improper means;
2. Where no application under paragraph (4) has been made;
3. Where products with preliminary type approval fail to meet the standards for type approval.
(6) Necessary measures including specific standards, methods, procedures, etc. for preliminary type approval under paragraphs (1) through (5) shall be prescribed by Ordinance of the Ministry of Environment.
[This Article Newly Inserted on Feb. 1, 2012]
 Article 10 (Revocation of Type Approval and Import Declaration)
Where any person who has obtained type approval or approval of modification or who has made an import declaration under Article 9 (1) through (3) falls under any of the following cases, the Minister of Environment may revoke the approval or order him or herhim or her to suspend manufacture of the relevant measuring instrument or to take other necessary measures: <Amended on Feb. 1, 2012; May 26, 2020>
1. Where he or shehe or she has obtained type approval or approval of modification or has made an import declaration by fraud or other improper means;
2. Where he or shehe or she has failed to attach an indication of the details approved or declared or has attached a false indication, in violation of Article 9 (4);
3. Where a measuring instrument has become inappropriate for the standards for type approval.
 Article 11 (Accuracy Inspection of Measuring Instruments)
(1) A person who uses or intends to use a measuring instrument whose type approval has been granted or whose import declaration has been made (including a measuring instrument which has been publicly announced pursuant to the proviso of Article 9 (1) or whose approval of modification has been granted pursuant to paragraph (3) of the said Article; hereinafter the same shall apply) shall undergo an accuracy inspection of such instrument to be conducted by the Minister of Environment on whether its structure and functions are maintained as the details of type approval: Provided, That any of the following measuring instruments, which are recognized to meet the standards under paragraph (4) and are publicly announced by the Minister of Environment, shall be excluded: <Amended on Feb. 1, 2012; Jul. 16, 2013; Dec. 12, 2017>
1. A measuring instrument that has been calibrated by an institute exclusively dedicated to nationwide calibration, which is designated pursuant to Article 14 (3) of the Framework Act on National Standards;
2. A measuring instrument that has been tested and inspected by an accredited laboratory under Article 23 (2) of the Framework Act on National Standards.
(2) Where an instrument not subject to type approval under Article 9 (1) is changed to a measuring instrument subject to type approval, it shall undergo an accuracy inspection under paragraph (1). <Amended on Dec. 12, 2017>
(3) When the Minister of Environment recognizes it appropriate as a result of an accuracy inspection conducted, he or shehe or she shall issue a certificate of accuracy inspection. <Amended on May 26, 2020>
(4) Matters necessary for standards, period, method, procedures, etc. for an accuracy inspection under paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Dec. 12, 2017>
 Article 12 (Examination of Correction Articles)
(1) Any person who supplies or uses standard sheets, standard gases, etc. for correction (hereinafter referred to as "correction articles") used for a measuring instrument shall have an examination of the Minister of Environment on such correction articles: Provided, That where correction articles certified as standard substances under Article 15 of the Framework Act on National Standards are appropriate for the standards for examination under paragraph (3), the same shall not apply.
(2) When the Minister of Environment recognizes it to be appropriate as a result of an examination conducted, he or shehe or she shall issue a certificate of examination. <Amended on May 26, 2020>
(3) Matters necessary for objects, standards, methods, procedures, etc. of an examination under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Environment.
 Article 13 (Designation of Inspection Institutions for Environmental Measuring Instruments)
(1) The Minister of Environment may designate a person and have him or herhim or her conduct an accuracy inspection and examination (hereinafter referred to as "inspection institution for environmental measuring instruments") under Articles 11 and 12 as proxy. <Amended on Feb. 1, 2012>
(2) Any person who intends to be designated under paragraph (1) shall file an application for designation with the Minister of Environment after he or shehe or she is equipped with technical capacity, facilities, equipment, etc. The same shall also apply when he or shehe or she intends to modify an important matter prescribed by Presidential Decree among the designated matters. <Amended on May 26, 2020>
(3) Any of the following persons shall not be designated as an inspection institution for environmental measuring instruments: <Amended on May 17, 2007; Jun. 9, 2009; Feb. 1, 2012; Feb. 3, 2015; Dec. 22, 2015; Jan. 17, 2017; Dec. 12, 2017; May 26, 2020>
1. A person under adult guardianship or under limited guardianship;
2. A person declared bankrupt by a court, who has not been reinstated;
3. A person for whom two years have not passed since his or herhis or her designation as an inspection institution for environmental measuring instruments was revoked pursuant to Article 14 (excluding cases in which his or herhis or her designation was revoked as he or shehe or she fell under subparagraph 1 or 2);
4. A person for whom two years have not passed since his or herhis or her imprisonment with labor declared by a court was completely executed (including cases in which the execution is deemed to have been completed) or exempted, or a person who is under suspension of the execution of his or herhis or her imprisonment with labor declared by a court, for violation of this Act, the Clean Air Conservation Act, the Water Environment Conservation Act, the Noise and Vibration Control Act, the Soil Environment Conservation Act, the Drinking Water Management Act, or the Indoor Air Quality Control Act;
5. A juristic person, an executive officer of which falls under any of subparagraphs 1 through 4.
(4) When the Minister of Environment designates a person who has applied for designation under paragraph (2) as an inspection institution for environmental measuring instruments, he or shehe or she shall issue a written designation of inspection institution for environmental measuring instruments. <Amended on Feb. 1, 2012>
(5) No inspection institution for environmental measuring instruments shall have any other person conduct an accuracy inspection or examination by making use of his or herhis or her name or lend his or herhis or her written designation of inspection institution for environmental measuring instruments to any other person. <Amended on Feb. 1, 2012>
[Title Amended on Feb. 1, 2012]
 Article 14 (Revocation of Designation of Inspection Institutions for Environmental Measuring Instruments)
(1) Where an inspection institution for environmental measuring instruments falls under any of the following cases, the Minister of Environment may revoke the designation or order the institution to suspend all or part of its business for a specified period not exceeding six months: Provided, That where the institution falls under subparagraph 1, 3, 6, or 8, the Minister of Environment shall revoke such designation: <Amended on Feb. 1, 2012; May 26, 2020>
1. Where the institution has been designated by fraud or other improper means;
2. Where the institution fails to commence business within two years after the designation or has failed to produce performance for at least two years consecutively;
3. Where the institution allows any other person to conduct an accuracy inspection or examination by making use of its name, or lends its written designation of inspection institution for environmental measuring instruments to any other person in violation of Article 13 (5);
4. Where the institution prepares a false report on accuracy inspection or inspection intentionally or by gross negligence;
5. Where the institution fails to meet the requirements for designation prescribed by Presidential Decree under Article 13 (2);
6. Where the institution falls under any of the subparagraphs of Article 13 (3): Provided, That in cases under subparagraph 5, the same shall not apply when such executive officer has been replaced within six months;
7. Where the institution fails to record or retain the results of an accuracy inspection or examination, in violation of Article 15;
8. Where the institution conducts an accuracy inspection or examination during the suspension of business.
(2) Detailed standards of administrative disposition under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment.
[Title Amended on Feb. 1, 2012]
 Article 15 (Retaining Record of Vicarious Execution of Inspection)
An inspection institution for environmental measuring instruments shall record and retain the results of an accuracy inspection or examination for a given period, as prescribed by Ordinance of the Ministry of Environment. <Amended on Feb. 1, 2012; May 26, 2020>
CHAPTER IV TESTING AND INSPECTION INSTITUTIONS
 Article 16 (Registration of Measuring Agency Business)
(1) A person who intends to run agency business of measuring air pollutants, indoor air pollutants in public-use facilities, etc., malodor, water pollutants, noises and vibrations, or light pollution caused by artificial lighting (hereinafter referred to as "measuring agency business") shall file for registration with the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), or the mayor of a large city (referring to the mayor of a large city with a population of 500,000 or more, excluding the Seoul Special Metropolitan City, a Metropolitan City or a Special Self-Governing City under Article 175 of the Local Autonomy Act; hereinafter the same shall apply) after he or shehe or she is equipped with technical capacity, facilities and equipment prescribed by Presidential Decree. This shall also apply where he or shehe or she intends to modify an important matter prescribed by Presidential Decree among the registered matters. <Amended on May 25, 2010; Feb. 1, 2012; Dec. 12, 2017>
(2) Article 13 (3) shall apply mutatis mutandis to grounds for disqualification of a person who intends to conduct measuring agency business. In such cases, the "Clean Air Conservation Act, the Water Environment Conservation Act, the Noise and Vibration Control Act, the Soil Environment Conservation Act, the Management of Drinking Water Act, or the Indoor Air Quality Control Act" in subparagraph 4 of the said paragraph shall be deemed the "Clean Air Conservation Act, the Water Environment Conservation Act, the Noise and Vibration Control Act, the Malodor Prevention Act, or the Indoor Air Quality Control Act". <Amended on May 17, 2007; Jun. 9, 2009; Dec. 22, 2015; Jan. 17, 2017>
(3) A Mayor/Do Governor or the mayor of a large city shall issue a certificate of registration of measuring agency business to each person who has filed for registration of measuring agency business (hereinafter referred to as "measuring agent"). <Amended on Dec. 12, 2017>
(4) No measuring agent shall have any other person conduct measuring agency business by making use of his or herhis or her name, nor lend his or herhis or her certificate of registration of measuring agency business to any other person.
(5) Where a measuring agent concludes a measuring agency contract, he or shehe or she shall notify such fact to the Mayor/Do Governor or the mayor of a large city within 20 days from the date the contract is made, as prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Dec. 12, 2017>
(6) A measuring agent may collect expenses incurred in the measuring agency business from a person who makes a request for measurement. <Amended on Dec. 12, 2017>
(7) Where a measuring agent intends to conclude a measuring agency contract with a person who operates a place of business prescribed by Presidential Decree which causes environmental pollutants under the subparagraphs of Article 6 (1), he or she shall submit data related to the measuring agency contract, such as a standard contract for measuring agency services and matters to be observed in concluding a contract, to an institution to manage measuring agency contracts under Article 16-2. <Newly Inserted on Mar. 31, 2020>
(8) The types of data and the methods and timing for submitting such data under paragraph (7) and other necessary matters shall be prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Mar. 31, 2020>
 Article 16-2 (Designation of Institutions to Manage Measuring Agency Contracts)
(1) To manage a measuring agency contract under Article 16 (7), the Minister of Environment may designate a specialized institution prescribed by Presidential Decree, such as the Korea Environment Corporation under the Korea Environment Corporation Act, as an institution to manage measuring agency contracts.
(2) An institution to manage measuring agency contracts designated pursuant to paragraph (1) (hereinafter referred to as "institution to manage measuring agency contracts") shall perform the following projects:
1. Public announcement and evaluation of a measuring agency contract;
2. Evaluation and public notice of the capabilities of a measuring agent to perform services;
3. Other projects prescribed by Presidential Decree to manage measuring agency contracts.
(3) The Minister of Environment may evaluate the performance records, etc. of an institution to manage measuring agency contracts.
(4) The Minister of Environment may fully or partially subsidize the expenses necessary for an institution to manage measuring agency contracts to perform the projects referred to in paragraph (2).
(5) Where an institution to manage measuring agency contracts falls under any of the following subparagraphs, the Minister of Environment may revoke the designation or issue an order to suspend all or part of its business for a specified period not exceeding six months: Provided, That where it falls under subparagraph 1, he or she shall revoke such designation:
1. Where it is designated by fraud or other improper means;
2. Where it performs its business in violation of the matters designated;
3. Where it fails to meet the standards for designation under paragraph (6);
4. Where it refuses, obstructs, or evades the submission of materials or any access or inspection by the relevant public official under Article 28 (2).
(6) Matters necessary for the standards for the designation of an institution to manage measuring agency contracts and revocation of such designation, the period of and procedures for designation, evaluation, etc. under paragraphs (1) through (5) shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Mar. 31, 2020]
 Article 17 (Revocation of Registration of Measuring Agency Business)
(1) Where a measuring agent falls under any of the following cases, a Mayor/Do Governor or the head of a large city may revoke the registration or order the agent to suspend all or part of his or herhis or her business for a specified period not exceeding one year: Provided, That where the agent falls under subparagraph 1, 3, 4, 6, or 8, the Mayor/Do Governor shall revoke such registration: <Amended on Mar. 21, 2008; Apr. 28, 2011; Dec. 12, 2017; Mar. 31, 2020; May 26, 2020>
1. Where he or shehe or she has filed for registration by fraud or other improper means;
2. Where he or shehe or she fails to commence business within two years after the registration or has failed to produce business results for at least two years consecutively;
3. Where he or shehe or she yields the false result of measurement by intent or gross negligence;
4. Where he or shehe or she allows any other person to conduct measuring agency business by making use of his or herhis or her name, or lends his or herhis or her certificate of registration of measuring agency business to any other person, in violation of Article 16 (4);
5. Where he or shehe or she fails to meet the standards for registration prescribed by Presidential Decree under Article 16 (1);
6. Where he or shehe or she falls under grounds for disqualification under Article 16 (2): Provided, That where any of the executive officers of a corporation falls under grounds for disqualification, the same shall not apply when such executive officer is replaced within six months;
6-2. Where he or she concludes a measuring agency contract without submitting data or after submitting false data, in violation of Article 16 (7);
7. Where he or shehe or she violates matters to be observed under Article 18;
7-2. Where he or shehe or she is judged to be non-compliant as a result of accuracy management under Article 18-2 (1);
8. Where he or shehe or she conducts measuring agency business during the suspension of business;
9. Deleted. <Feb. 1, 2012>
(2) Detailed standards for administrative disposition under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment.
 Article 17-2 (Suspension of Qualification for Technical Personnel in Measuring Agency Business)
(1) Where technical personnel in charge of measuring agency business fall under any of the following cases as a result of an inspection conducted under Article 28 (2), the Minister of Environment, a Mayor/Do Governor, or the Mayor of a large city shall notify such fact to the competent Minister taking charge of each national technical qualification examination under Article 10 (3) of the National Technical Qualifications Act:
1. Where he or she yields the false result of measurement by intent or gross negligence;
2. Where he or she conducts measuring agency business during the period of business suspension by a measuring agent.
(2) The competent Minister notified of the relevant fact pursuant to paragraph (1) shall suspend the national technical qualification of the relevant technical personnel for up to one year.
(3) Matters necessary for the period, etc. of suspension of national technical qualification under paragraph (2) shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Mar. 31, 2020]
 Article 18 (Matters to Be Observed by Measuring Agents)
(1) A measuring agent shall record the results of measurement and analysis as prescribed by Ordinance of the Ministry of Environment and retain them for three years after the date when the last record is made. <Amended on Jul. 16, 2013>
(2) Where a measuring agent concludes a measuring agency contract, he or she shall not sub-contract nor be sub-contracted with the relevant business. <Newly Inserted on Mar. 31, 2020>
(3) A measuring agent shall observe the matters to be observed prescribed by Ordinance of the Ministry of Environment, such as performance of measurement and analysis in accordance with the official test standards, etc. <Amended on Mar. 31, 2020; May 26, 2020>
 Article 18-2 (Accuracy Management of Testing and Inspection Institutions)
(1) The Minister of Environment may verify capabilities necessary for testing, inspection, etc. and materials detailing execution of testing, inspection, etc. (hereinafter referred to as “accuracy management”) for a person prescribed by Presidential Decree from among those who conduct testing, inspection, etc. in the field referred to in each subparagraph of Article 6 (1) (hereinafter referred to as “testing and inspection institution”).
(2) The judgement standards for accuracy management shall be as follows:
1. Skills in analyzing standard samples;
2. Field assessment of testing and inspection institutions.
(3) A testing and inspection institution judged to be non-compliant as a result of accuracy management shall not conduct testing, inspection, etc. from the date when it is notified of such judgement.
(4) Where a testing and inspection institution under paragraph (3) intends to resume the relevant testing, inspection, etc., it shall apply for accuracy management and be judged to be compliant, as prescribed by Ordinance of the Ministry of Environment, after improving and supplementing the relevant matters.
(5) Where it is deemed necessary after the results of the accuracy management come out, the Minister of Environment may order a testing and inspection institution to take other necessary measures, such as improvement and complementation of the relevant equipment and instruments, and implementation of training.
(6) A testing and inspection institution under the Ordinance of the Ministry of Environment from among the testing and inspection institutions in the area of environmental measurer and analyst certification under Article 19 (3) shall have at least one holder of qualification under Article 19 (1) in each section. <Newly Inserted on Jul. 16, 2013; Dec. 12, 2017>
(7) Detailed matters necessary for collection and requests of samples necessary for testing, inspection, etc., maintenance and management of records of testing, inspection, etc. shall be prescribed and publicly notified by the Minister of Environment. <Amended on Jul. 16, 2013>
[This Article Newly Inserted on Feb. 1, 2012]
 Article 18-3 (Effects of Results of Testing and Inspection)
(1) Where results of testing and inspection intended to be used as a ground for litigation, administrative disposition, etc. in accordance with statues and regulations related to environment, or a report relevant to business conducted by the State, local governments and public institutions under Article 4 of the Act on the Management of Public Institutions (hereinafter referred to as “public institutions”), the results shall be prepared by a person judged to be compliant with accuracy management under Article 18-2.
(2) No one shall provide results of testing and inspection for a report relevant to business under paragraph (1) unless he or shehe or she is deemed compliant with accuracy management.
(3) Types and scopes, etc. of a report under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment.
(4) Testing and inspection institutions shall put a signature of a person prescribed by Ordinance of the Ministry of Environment on the testing and inspection report and related records, and keep and manage necessary data to verify credibility of the results of the testing and inspection under Article 18-2 (7) for three years.
[This Article Newly Inserted on Jul. 16, 2013]
 Article 18-4 (Support for Accuracy Management)
(1) The Minister of Environment may request a Mayor/Do Governor or the mayor of a large city to provide support where it is necessary for performance of field evaluation on accuracy management conducted for the testing and inspection institutions under 18-2 (1). <Amended on Dec. 12, 2017>
(2) A Mayor/Do Governor or the mayor of a large city who is requested to provide support under paragraph (1) shall comply with such request, unless there exists any special reason: Provided, That the reason shall be submitted to the Minister of Environment where he or shehe or she is unable to provide support. <Amended on Dec. 12, 2017>
(3) The Minister of Environment may provide necessary expenses and education, etc., where a Mayor/Do Governor or the mayor of a large city provides support for the field evaluation on accuracy management under paragraphs (1) and (2). <Amended on Dec. 12, 2017>
[This Article Newly Inserted on Jul. 16, 2013]
CHAPTER V ENVIRONMENTAL MEASURERS AND ANALYSTS
 Article 19 (Environmental Measurers and Analysts)
(1) The Minister of Environment shall issue a certificate of qualification for an environmental measurer and analyst to a person who has passed a qualification examination conducted by an examination institution under Article 21 in order to improve the expertise in environmental measurement and analysis. <Amended on May 26, 2020>
(2) None of the following persons shall not be an environmental measurer and analyst: <Amended on Jun. 9, 2009; Feb. 1, 2012; Feb. 3, 2015; Dec. 22, 2015; Jan. 17, 2017; Dec. 12, 2017; May 26, 2020>
1. A person under adult guardianship or under limited guardianship;
2. A person declared bankrupt by a court, who has not been reinstated;
3. A person in whose case two years have not passed since his or herhis or her imprisonment with labor declared by a court, for violation of this Act, the Clean Air Conservation Act, the Water Environment Conservation Act, the Noise and Vibration Control Act, the Indoor Air Quality Control Act, or the Malodor Prevention Act, was completely executed (including cases where the execution is deemed to have been completed) or exempted;
4. A person who is under suspension of the execution of his or herhis or her sentence declared by a court for violation of the Acts referred to in subparagraph 3;
5. A person for whom three years have not passed since his or herhis or her qualification for an environmental measurer and analyst was revoked (excluding cases in which his or herhis or her qualification was revoked as he or shehe or she fell under subparagraph 1 or 2) pursuant to Article 20 (1).
(3) Matters necessary for qualification for applying for a qualification examination of an environmental measurer and analyst, the subjects for examination and partial exemption, issuance of a certificate of qualification, etc. shall be prescribed by Presidential Decree.
(4) his or herAn environmental measurer and analyst issued with a certificate of qualification for an environmental measurer and analyst pursuant to paragraph (1) shall not lend or borrow it to any other person, nor arrange such lending or borrowing. <Amended on Mar. 31, 2020>
 Article 20 (Revocation of Qualification for Environmental Measurer and Analyst)
(1) Where any person who has acquired a qualification for an environmental measurer and analyst falls under any of the following cases, the Minister of Environment may revoke his or herhis or her qualification or impose disposition of the suspension of his or herhis or her qualification within three years: Provided, That where he or shehe or she falls under subparagraph 1 or 3, the Minister of Environment shall revoke his or herhis or her qualification: <Amended on May 26, 2020>
1. Where he or shehe or she has acquired his or herhis or her qualification for an environmental measurer and analyst by fraud or other improper means;
2. Where he or shehe or she has conducted the measurement and analysis of environmental pollution level which should be recorded, submitted or publicly announced under the provisions of Acts prescribed in the subparagraphs of Article 6 (1) by fraud or manipulated a measurement record book;
3. Where he or shehe or she falls under any of Article 19 (2) 1 through 4;
4. Where he or shehe or she has lent his or herhis or her certificate of qualification for an environmental measurer and analyst to any other person in violation of Article 19 (4).
(2) Detailed standards of administrative disposition under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment.
 Article 21 (Educational and Examining Institutions of Environmental Measurers and Analysts)
(1) The Minister of Environment may designate an educational and examining institution of environmental measurers and analysts in order to train environmental measurers and analysts.
(2) Matters necessary for the designation of educational and examining institution, the curricula of environmental measurers and analysts, etc. under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment.
 Article 22 (Revocation of Designation of Educational and Examining Institutions)
Where any educational institution or examining institution of environmental measurers and analysts designated under Article 21 (1) falls under any of the following cases, the Minister of Environment shall revoke its designation: <Amended on May 26, 2020>
1. Where it has been designated by fraud or other improper means;
2. Where it has failed to conduct educational or examining affairs in proper order, such as manipulation of a certificate for achievement of education or the results of examination.
 Article 23 (Prohibition of Use of Name)
No person without acquiring qualification for an environmental measurer and analyst shall use the name of environmental measurer and analyst.
CHAPTER VI SUPPLEMENTARY PROVISIONS
 Article 24 (Education of Technical Human Resources for Testing and Inspection)
(1) The Minister of Environment shall take measures for the conduct of education, securing and management of technical human resources, etc. in order to improve the expertise of technical human resources who conduct testing, inspections, etc.
(2) Technical human resources in charge of measuring agency business shall receive technical education conducted by the Minister of Environment.
(3) A measuring agent shall have technical human resources under paragraph (2) receive the relevant technical education. <Amended on May 26, 2020>
(4) Matters necessary for institutions which conduct education referred to in paragraph (2) and details of education, etc. shall be prescribed by Ordinance of the Ministry of Environment.
 Article 25 (Support of Technical Development)
(1) The Minister of Environment shall take necessary measures for research and development and the dissemination of technologies related to testing, inspection, etc.
(2) The Minister of Environment may subsidize all or some of necessary funds to a person prescribed by Presidential Decree who performs research in and development of technologies related to testing, inspection, etc. and disseminates them. <Amended on May 26, 2020>
 Article 26 (International Cooperation)
The Minister of Environment shall exchange information and technologies related to testing, inspection, etc. in cooperation with international organizations and related countries in connection with testing, inspection, etc., and mutually cooperate through the exchange of human resources, joint investigation, research and development, etc.
 Article 27 (Mutual Recognition of Type Approval between Nations)
(1) With respect to a measuring instrument on which a foreign government’s approval equivalent or similar to type approval under Article 9 has been obtained, the Government may recognize that type approval of such measuring instrument under Article 9 has been obtained on conditions of mutual recognition. <Amended on Feb. 1, 2012>
(2) The Government may conclude an agreement with a foreign government for the execution of mutual recognition of type approval of measuring instruments.
(3) Where the Government has concluded an agreement with a foreign government under paragraph (2), the Minister of Environment shall provide a public notice of its details without delay.
 Article 28 (Ex Post Facto Management)
(1) The Minister of Environment may have a person who performs a project for the establishment of operating system of testing, inspection, etc. under Article 5 report the present status of the performance of the relevant affairs and may have the relevant public official investigate necessary matters and question the relevant persons.
(2) The Minister of Environment, a Mayor/Do Governor or the mayor of a large city may have any of the following persons submit necessary materials or have the relevant public official gain access to offices, places of business, and other necessary places to inspect related documents, facilities, equipment, etc., as prescribed by Ordinance of the Ministry of Environment: <Amended on Feb. 1, 2012; Jul. 16, 2013; Dec. 12, 2017; Mar. 31, 2020>
1. A person who manufactures or imports measuring instruments under Article 9;
2. A person who supplies or uses correction articles under Article 12;
3. An inspection institution for environmental measuring instruments;
4. A measuring agent;
5. A testing and inspection institution deemed compliant with accuracy management;
6. An institution to manage measuring agency contracts.
(3) With respect to a person referred to in paragraph (2) 1, the Minister of Environment may have the relevant public official collect measuring instruments manufactured or imported in order to inspect or ascertain whether measuring instruments are in conformity with the details of type approval. In such cases, when he or shehe or she has inspected or ascertained whether they are in conformity with the details of type approval, he or shehe or she shall return them without delay.
(4) The relevant public official who conducts investigations, asks questions, gains access, conducts inspections, or collects measuring instruments under paragraphs (1) and (3) shall carry a certificate indicating his or herhis or her authority and produce it to the relevant persons.
(5) With respect to the inspection under paragraph (2) and the status of execution of testing, inspection, etc., the Minister of Environment may establish and implement plans for guidance and checking, as prescribed by Ordinance of the Ministry of Environment, in order to ensure a faithful operation of testing, inspection, etc. <Newly Inserted on Feb. 1, 2012>
 Article 29 (Hearings)
Where the Minister of Environment, a Mayor/Do Governor or the mayor of a large city intends to take any of the following administrative measures, he or shehe or she shall hold a hearing: <Amended on Feb. 1, 2012; Dec. 12, 2017; Mar. 31, 2020>
1. Revocation of preliminary type approval under Article 9-2 (5);
2. Revocation of type approval under Article 10;
3. Revocation of designation of an inspection institution for environmental measuring instruments under Article 14;
3-2. Revocation of designation of an institution to manage measuring agency contracts under Article 16-2 (5);
4. Revocation of registration of measuring agency business under Article 17;
4-2. Suspension of qualifications for technical personnel in measuring agency business under Article 17-2 (2);
5. Revocation of qualification for an environmental measurer and analyst under Article 20.
 Article 30 (Fees)
(1) Any of the following persons shall pay fees: <Amended on Feb. 1, 2012; May 26, 2020>
1. Any person who intends to obtain type approval or approval of modification or to make an import declaration under Article 9 (1) through (3);
2. Any person who intends to obtain preliminary type approval under Article 9-2 (1);
3. Any person who intends to undergo an accuracy inspection under Article 11 (1) or (2);
4. Any person who intends to undergo an examination of correction articles under Article 12 (1);
5. Any person who intends to file for registration of measuring agency business or the modification thereof under Article 16 (1);
6. Any person who intends to apply for a qualification examination of an environmental measurer and analyst under Article 19 (1);
7. Any person who intends to receive education at an educational institution designated under Article 21 (1);
8. Any person who intends to receive technical education under Article 24 (2) or a measuring agent who intends to have a person receive technical education under Article 24 (3).
(2) Matters necessary for an amount of fees, the method of payment thereof, etc. under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment.
 Article 31 (Delegation of Authority)
The Minister of Environment may delegate part of his or herhis or her authority under this Act to the President of the National Institute of Environmental Research, the head of a regional environmental agency, a Mayor/Do Governor or the mayor of a large city, as prescribed by Presidential Decree. <Amended on Dec. 12, 2017>
 Article 32 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions)
Any of the following persons shall be deemed public officials in the application of Articles 129 through 132 of the Criminal Act with regard to its agency business:
1. An executive officer or employee of an inspection institution for environmental measuring instruments, who is engaged in accuracy inspection and examination under Article 13;
2. An executive officer or employee of an institution to manage measuring agency contracts, who is engaged in the management of measuring agency contracts under Article 16-2.
[This Article Wholly Amended on Mar. 31, 2020]
CHAPTER VII PENALTY PROVISIONS
 Article 33 (Penalty Provisions)
(1) Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won:
1. A person who conducts measuring agency business without filing for registration of measuring agency business or registration of modification thereof, in violation of Article 16 (1);
2. A person who files for registration of measuring agency business under Article 16 (1) by fraud or other improper means;
3. A person who conducts measuring agency business during the suspension of business under Article 17 (1) 8;
4. A person who fails to record and retain the results of measurement and analysis or records them falsely, in violation of Article 18 (1).
(2) Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won:
1. A person who manufactures or imports measuring instruments without having obtained type approval or approval of modification, in violation of Article 9 (1) or (3);
2. A person who obtains type approval or approval of modification or makes an import declaration under Article 9 (1) through (3) by fraud or other improper means;
3. A person who fails to comply with an order of collection, destruction, etc. for the products, the preliminary type approval of which has been revoked under Article 9-2 (5);
4. A person who requires any other person to conduct measuring agency business by making use of his or her name or lends a certificate of registration of measuring agency business to any other person, in violation of Article 16 (4).
(3) Any of the following persons shall be punished by imprisonment for not more than one year or by a fine not exceeding 10 million won:
1. A person who concludes a measuring agency contract without submitting data or after submitting false data, in violation of Article 16 (7);
2. A person who conducts testing, inspections, etc., in violation of Article 18-2 (3);
3. A person who provides the results of testing and inspections to a report related to the business conducted by the State, local governments, or public institutions, though he or she is not deemed compliant with accuracy management, in violation of Article 18-3 (2);
4. A person who acquires a qualification for an environmental measurer and analyst under Article 19 (1) by fraud or other improper means;
5. A person who lends or borrows a certificate of qualification for an environmental measurer and analyst, or arranges such lending or borrowing, in violation of Article 19 (4).
[This Article Wholly Amended on Mar. 31, 2020]
 Article 34 (Joint Penalty Provisions)
Where a representative of a corporation, or an agent, employee or other servant of the corporation or an individual, commits an offense under Article 33 in connection with the business of the corporation or individual, not only shall such violator be punished, but also the corporation or individual shall be punished by a fine under the relevant provisions: Provided, That this shall not apply where the corporation or individual has not neglected to pay due attention and supervision concerning the relevant business in order to prevent such violation.
[This Article Wholly Amended on May 25, 2010]
 Article 35 (Administrative Fines)
(1) A person who uses the name "environmental measurer and analyst" in violation of Article 23 shall be subject to an administrative fine not exceeding three million won.
(2) Any of the following persons shall be subject to an administrative fine not exceeding one million won: <Amended on Feb. 1, 2012; Dec. 12, 2017>
1. A person who imports measuring instruments without making an import declaration, in violation of Article 9 (2);
2. A person who fails to make an indication of type approval, approval of modification, or an import declaration, or makes a false indication, in violation of Article 9 (4);
2-2. A person who fails to inform purchasers of products with preliminary type approval that type approval shall be obtained for such products, in violation of Article 9-2 (3);
3. A person who uses measuring instruments without undergoing accuracy inspection, in violation of Article 11 (1) or (2);
4. A person who supplies or uses correction articles that have not undergone examination, in violation of Article 12 (1);
4-2. A person who fails to notify the fact of making a contract to conduct measurements by proxy within the specified period, in violation of Article 16 (5);
4-3. A person who fails to implement an order to take measures under Article 18-2 (5);
5. A person who fails to receive education or have another person receive education, in violation of Article 24 (2) or (3);
6. A person who fails to submit data or submits false data, in violation of Article 28 (2);
7. A person who refuses, interferes with, or evades access, inspection, or collection, in violation of Article 28 (2) or (3).
(3) Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of Environment, a Mayor/Do Governor or the mayor of a large city, as prescribed by Presidential Decree. <Amended on Dec. 12, 2017>
[This Article Wholly Amended on May 25, 2010]
ADDENDA <Act No. 8038, Oct. 4, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the provisions of Articles 19 through 23 shall enter into force two years after the date of its promulgation.
Article 2 (Transitional Measures concerning Official Test Standards of Air Pollution)
An official test method of air pollution publicly notified under Article 7 of the previous Clean Air Conservation Act, an official test method of noise and vibration publicly notified under Article 7 of the previous Noise and Vibration Control Act, an official test method of indoor air quality publicly notified under Article 4 of the previous Indoor Air Quality Control in Public-Use Facilities, etc. Act, an official test method of malodor publicly notified under Article 5 of the previous Malodor Prevention Act, an official test method of water pollution publicly notified under Article 8 of the previous Water Quality Conservation Act, an official test method of drinking water quality publicly notified under Article 5-2 of the previous Management of Drinking Water Act, an official test method of wastes publicly notified under Article 11 of the previous Wastes Control Act, an official test method of toxic chemicals publicly notified under Article 45 (1) of the previous Toxic Chemicals Control Act, or an official test method of soil pollution publicly notified under Article 10 of the previous Soil Environment Conservation Act as at the time this Act enters into force shall be deemed the official test standards of environmental pollution publicly notified under Article 6 (1) respectively.
Article 3 (Transitional Measures concerning Type Approval of Environmental Measuring Instruments)
An environmental measuring instrument, type approval or approval of modification of which has been obtained under Article 14 (1) of the previous Development of and Support for Environmental Technology Act at the time this Act enters into force shall be deemed that type approval or approval of modification under Article 9 has been obtained.
Article 4 (Transitional Measures concerning Accuracy Inspection of Environmental Measuring Instruments)
An environmental measuring instrument which has undergone an accuracy inspection under Article 14 (2) of the previous Development of and Support for Environmental Technology Act at the time this Act enters into force shall be deemed to have undergone an accuracy inspection under Article 11.
Article 5 (Transitional Measures concerning Examination of Correction Articles)
A person who has had an examination of correction articles under Article 14 (4) of the previous Development of and Support for Environmental Technology Act at the time this Act enters into force shall be deemed to have had an examination under Article 12.
Article 6 (Transitional Measures concerning Designation of Inspection Agents)
A person who has been designated as an inspection agent under Article 15 (2) of the previous Development of and Support for Environmental Technology Act at the time this Act enters into force shall be deemed to have been designated as an inspection agent under Article 13.
Article 7 (Transitional Measures concerning Registration of Measuring Agency Business)
A person who has registered measuring agency business under Article 17 (1) of the previous Development of and Support for Environmental Technology Act at the time this Act enters into force shall be deemed to have registered measuring agency business under Article 16.
Article 8 (Transitional Measures concerning Administrative Disposition)
The previous Development of and Support for Environmental Technology Act shall apply to administrative disposition on an inspection agent or a measuring agent resulting from an offense before this Act enters into force.
Article 9 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
The previous Development of and Support for Environmental Technology Act shall apply to penalty provisions and administrative fines on acts committed before this Act enters into force.
Article 10 Omitted.
Article 11 (Relationship with Other Statutes)
(1) Where the provisions of Article 4 of the Indoor Air Quality Control in Publicly Used Facilities, etc. Act, Article 5-2 of the Management of Drinking Water Act, Article 7 of the Clean Air Conservation Act, Article 7 of the Noise and Vibration Control Act, Article 8 of the Water Quality Conservation Act, Article 5 of the Malodor Prevention Act, Article 10 of the Soil Environment Conservation Act, and Article 11 of the Wastes Control Act are cited by other statutes and regulations at the time this Act enters into force, the relevant provisions of this Act shall be deemed to have been cited, respectively.
(2) Where the Development of and Support for Environmental Technology Act or the provisions thereof are cited by other statutes and regulations at the time this Act enters into force, if any provisions of this Act correspond thereto, this Act or the relevant provisions of this Act shall be deemed to have been cited.
ADDENDA <Act No. 8292, Jan. 26, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 8466, May 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 8486, May 25, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8957, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 9590, Apr. 1, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2009. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Act No. 9770, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2010. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 10036, Feb. 4, 2010>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 10315, May 25, 2010>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures) The previous provisions shall apply in the application of penalty provisions to acts committed before this Act enters into force.
ADDENDA <Act No. 10615, Apr. 28, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 11261, Feb. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 11266, Feb. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 3 (1) shall enter into force on July 22, 2012, and the amended provisions of Article 18-2 (3), subparagraph 7-2 of Article 33, and Article 35 (2) 4-2 shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Accuracy Management)
The amended provisions of Article 18-2 (3) shall apply from the first accuracy management conducted following its enforcement.
Article 3 (Transitional Measures concerning Term of Validity of Type Approval)
Despite the amended provisions of Article 9 (5), the term of validity of type approval of measuring instruments whose type approval or approval of modification has been already obtained at the time this Act enters into force shall be determined in accordance with each of the following classifications, commencing from the enforcement date of this Act:
1. Measuring instruments for which at least 10 years have elapsed from the date of obtaining type approval or approval of modification at the time this Act enters into force: 3 years;
2. Measuring instruments for which at least 8 years but less than 10 years have elapsed from the date of obtaining type approval or approval of modification at the time this Act enters into force: 5 years;
3. Measuring instruments for which at least 6 years but less than 8 years have elapsed from the date of obtaining type approval or approval of modification at the time this Act enters into force: 7 years;
4. Measuring instruments for which at least 4 years but less than 6 years have elapsed from the date of obtaining type approval or approval of modification at the time this Act enters into force: 9 years;
5. Measuring instruments for which less than 4 years have elapsed from the date of obtaining type approval or approval of modification at the time this Act enters into force: 10 years.
Article 4 (Transitional Measures concerning Designation of Inspection Agents)
A person who has been designated by the Minister of Environment as an inspection agent before this Act enters into force shall be construed as an inspection institution for environmental measuring instruments designated by the Minister of Environment under the amended provision of Article 13.
Article 5 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11862, Jun. 4, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2015.
Articles 2 through 12 Omitted.
ADDENDUM <Act No. 11918, Jul. 16, 2013>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 18-2 (6) shall enter into force seven years after the date of its promulgation.
ADDENDUM <Act No. 12468, Mar. 18, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13176, Feb. 3, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Grounds for Disqualification of Incompetent Persons)
An incompetent person under adult guardianship or under limited guardianship referred to in the amended provisions of Article 13 (3) 1 and 19 (2) 1 shall be deemed to include a person for whom the adjudication of incompetence or quasi-incompetence remains in effect under Article 2 of the Addenda to the Civil Act (Act No. 10429).
ADDENDA <Act No. 13601, Dec. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 14532, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amendments to the Acts, which were promulgated before this Act enters into force but whose enforcement dates have not yet arrived, from among the Acts amended pursuant to Article 6 of the Addenda, shall enter into force on the enforcement dates of the respective Acts.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 15200, Dec. 12, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Article 18-2 (6) of the Environmental Testing and Inspection Act (Act No. 11918) shall enter into force on July 17, 2020.
Article 2 (Applicability to Notification of Measuring Agency Contract)
The amended provisions of Article 16 (5) shall apply, beginning with a case in which a contract to conduct measurements by proxy is made for the first time after this Act enters into force.
Article 3 (Applicability to Revocation of Registration of Measuring Agency Business)
The amended provisions of Article 17 (1) 7-2 shall apply, beginning with a case of being judged to be non-compliant as a result of accuracy management for the first time after this Act enters into force.
Article 4 (Transitional Measures concerning Transfer of Authority)
(1) Notwithstanding the amended provisions of Articles 16, 17, 28, 29 and 35, the previous provisions shall apply to the registration of measuring agency business, registration of modification, revocation of registration, orders to submit data issued with a measuring agent, access, inspections, hearings, etc. conducted by a Do Governor having jurisdiction over the relevant large city at the time this Act enters into force.
(2) The registration of measuring agency business, registration of modification, revocation of registration, orders to submit data issued with a measuring agent, access, inspections, hearings, etc. conducted by a Do Governor having jurisdiction over the relevant large city pursuant to the previous provisions and the acts conducted by a Do Governor having jurisdiction over the relevant large city pursuant to paragraph (1) at the time this Act enters into force shall be deemed to have been conducted by the mayor of the large city pursuant to the amended provisions of Articles 16, 17, 28, 29 and 35.
Article 5 (Transitional Measures concerning Period of Suspension of Measuring Agency Business)
The previous provisions shall apply to the administrative measures taken on acts performed before this Act enters into force, notwithstanding the amended provisions of the main clause of Article 17 (1), with the exception of its subparagraphs.
ADDENDA <Act No. 17184, Mar. 31, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 16 (7) and (8), 16-2, 17 (1) 6-2, and 28 (2) 6, subparagraph 3-2 of Article 29, subparagraph 2 of Article 32, and subparagraph 1 of Article 33 (3) shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Submission of Data Related to Measuring Agency Contracts)
The amended provisions of Article 16 (7) shall apply to measuring agency contracts concluded after this Act enters into force.
ADDENDUM <Act No. 17326, May 26, 2020>
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)