WEATHER OBSERVATION STANDARDIZATION ACT
Act No. 7807, Dec. 30, 2005
Amended by Act No. 8486, May 25, 2007
Act No. 8733, Dec. 21, 2007
Act No. 8852, Feb. 29, 2008
Act No. 9308, Dec. 31, 2008
Act No. 9590, Apr. 1, 2009
Act No. 11060, Sep. 16, 2011
Act No. 11690, Mar. 23, 2013
Act No. 12517, Mar. 24, 2014
Act No. 14785, Apr. 18, 2017
Act No. 14786, Apr. 18, 2017
Act No. 15585, Apr. 17, 2018
Act No. 17838, Jan. 5, 2021
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to protect the lives and property of citizens from meteorological disasters and, thus, to enhance public welfare by providing for matters necessary for the standardization of weather observations pursuant to Article 3 (3) of the Weather Act and by improving the accuracy of weather observations and efficiency in the operation of the equipment for weather observations, and the joint utilization of the data from weather observations. <Amended on Apr. 18, 2017> [This Article Wholly Amended on Dec. 31, 2008]
| (1) | The terms used in this Act are defined in accordance with the provisions of the Weather Act. |
| (2) | Other terms used in this Act shall be defined as follows: |
| 1. | The term "standardization of weather observations" means the standardization of the methods and standards for the performance of weather observations and the standardization of the setting for, and the data from, weather observations; |
| 2. | The term "weather observations" means weather observations and work incidental thereto; |
| 3. | The term "observation facilities" means meteorological facilities necessary for conducting weather observations; |
| 4. | The term "setting for weather observations" means the location and conditions for the installation of equipment for weather observations and other surrounding environment that affects the equipment for weather observations in conducting weather observations. |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 3 (Matters Subject to Application) |
| (1) | This Act shall apply to weather observations conducted by any of the following persons and matters pertaining thereto: |
| 7. | An institution to which a person referred to in any provision of subparagraphs 1 through 5 has entrusted weather observations; |
| 8. | Any other institution or organization prescribed by Presidential Decree among institutions and organizations that require accurate weather observations in performing their assignments. |
| (2) | This Act shall not apply to weather observations prescribed by Presidential Decree among the following weather observations: |
| 1. | Weather observations for education or research; |
| 2. | Weather observations for national defense; |
| 3. | Interim weather observations or weather observations for any other special purpose. |
[This Article Wholly Amended on Dec. 31, 2008]
CHAPTER II STANDARDIZATION OF WEATHER OBSERVATIONS
| Article 4 (Advancement of Standardization of Weather Observations) |
| (1) | The Administrator of the Korea Meteorological Administration shall prepare and promote a policy on the standardization of weather observations, as prescribed by Presidential Decree, so that the authorities that conduct weather observations (hereinafter referred to as "observational authorities") falling under Article 3 (1) can collect accurate data about weather through the standardization of weather observations. |
| (2) | The following standards for weather observations shall be prescribed by Ordinance of the Ministry of Environment, taking into consideration the standards established by the World Meteorological Organization for the standardization of weather observations: Provided, That the specifications for meteorological instruments shall be prescribed and publicly notified by the Administrator of the Korea Meteorological Administration, but matters concerning which Korea Industrial Standards have already been established pursuant to Article 12 of the Industrial Standardization Act shall be governed by Korea Industrial Standards: |
| 1. | Standards for the setting for weather observations for each meteorological element, such as the requisites for outdoor observation stations where meteorological instruments are to be installed for weather observations and the location of observatories; |
| 2. | Standards for the types, specifications, and quantity of meteorological instruments with which each observation facility shall be equipped; |
| 3. | Standards for the units used for each meteorological element in weather observations in accordance with the International System of Units (referring to the system of units adopted at the International Metre Convention); |
| 4. | Standards for the last digit of observational units in the data from weather observations for each meteorological element; |
| 5. | Standards appropriate for observation facilities in specific observational authorities, if necessary. |
| (3) | The Administrator of the Korea Meteorological Administration may establish standard forms for weather observations and recommend other observational authorities to use such forms. |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 5 (Observational Authorities' Duties) |
All observational authorities shall comply with the standards for weather observations under Article 4 (2) in conducting weather observations. [This Article Wholly Amended on Dec. 31, 2008]
| Article 6 (Implementation of Projects for Standardization of Weather Observations) |
| (1) | The Administrator of the Korea Meteorological Administration may recommend the heads of other observational authorities to implement projects for the standardization of weather observations in compliance with the policy on the standardization of weather observations under Article 4 (1) in order to establish, maintain, and develop a standardized system for weather observations. <Amended on Mar. 24, 2014> |
| (2) | The Administrator of the Korea Meteorological Administration may assist other observational authorities in implementing projects for the standardization of weather observations under paragraph (1), by dispatching technical personnel and providing technical guidance, etc. <Amended on Mar. 24, 2014> |
| (3) | The details of projects for the standardization of weather observations and matters necessary for the procedure for the implementation of such projects shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Mar. 24, 2014> |
[This Article Wholly Amended on Dec. 31, 2008]
[Title Amended on Mar. 24, 2014]
| Article 7 (Methods of Observation) |
| (1) | In principle, observational authorities shall conduct weather observations by continuous, automatic observation with meteorological instruments. |
| (2) | Any observational authority may conduct visual observations for any meteorological element that cannot be observed by way of automated observation. |
| (3) | The Administrator of the Korea Meteorological Administration shall prescribe and publicly notify methods of observation for each meteorological element. |
[This Article Wholly Amended on Dec. 31, 2008]
CHAPTER III ESTABLISHMENT OF WEATHER OBSERVATION NETWORK AND UTILIZATION OF DATA FROM WEATHER OBSERVATIONS
| Article 8 (Establishment and Management of Weather Observation Network) |
| (1) | The Administrator of the Korea Meteorological Administration shall prepare and promote policies necessary for the organization of a nationwide weather observation network with observation facilities of observational authorities and for the comprehensive management of such facilities, subject to consultation with heads of other observational authorities. |
| (2) | The head of any other observational authorities shall, when he or she installs, replaces, relocates, or ceased to use an observation facility, notify the Administrator of the Korea Meteorological Administration of the details thereof in writing, as prescribed by Ordinance of the Ministry of Environment. |
| (3) | The Administrator of the Korea Meteorological Administration may rate each observation facility of the observational authorities, taking into consideration the international standards relevant to the type of each observation facility, the setting for weather observations, etc. (referring to the standards determined by the World Meteorological Organization and the International Organization for Standardization. <Amended on Apr. 18, 2017> |
| (4) | The Administrator of the Korea Meteorological Administration may consider the grade of an observation facility under paragraph (3) when he or she conducts the following activities: |
| 1. | Assistance in ensuring the accuracy of data from weather observations under Article 9 (1); |
| 2. | Technical guidance for the quality management of the data from weather observations under Article 10 (5); |
| 3. | Distribution and use of weather information through the weather information system under Article 12 (1) of the Weather Act (hereinafter referred to as "weather information system"). |
| (5) | The Administrator of the Korea Meteorological Administration shall, if he or she finds that observation facilities of an identical kind have been installed, the coverage of observation of which overlap with one another, or any other obstacle to the comprehensive management of the weather observation network exists, adjust such facilities or prepare other measures as necessary, subject to consultation with heads of relevant observational authorities. |
| (6) | Matters necessary for the standards for rating under paragraph (3) shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 9 (Assistance in Ensuring Accuracy from Data of Weather Observations) |
| (1) | The Administrator of the Korea Meteorological Administration shall prepare a policy on necessary support measures, such as the dispatch of technical human resources and technical guidance, for other observational authorities to maintain their observation facilities in optimal condition and ensure the accuracy of the data from weather observations. |
| (2) | The Administrator of the Korea Meteorological Administration may, if necessary for preparing policy on support measures under paragraph (1), request the head of any other observational authority to furnish him or her with data about observation facilities and meteorological facilities related thereto (hereinafter referred to as "observation facilities, etc.") or assign public officials under his or her control to conduct inspections of observation facilities, etc. In such cases, the head of the relevant observational authorities shall comply with the request for furnishing data or the inspection on observation facilities, etc. unless there is any exceptional circumstance to the contrary. |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 10 (Standardization and Quality Management from Data of Weather Observations) |
| (1) | The Administrator of the Korea Meteorological Administration shall advance the standardization of data from weather observations and shall prescribe and publicly notify technical standards for the quality management (hereafter in this Article, referred to as "technical standards"). |
| (2) | Observational authorities shall prepare a plan for the quality management of data from weather observations (hereinafter referred to as "quality management plan"), as prescribed by Ordinance of the Ministry of Environment, and implement the plan in compliance with the technical standards. |
| (3) | Upon receipt of a request from any other observational authority, the Administrator of the Korea Meteorological Administration may provide guidance for the establishment and implementation of a quality management plan, and any person who performs quality management for any observational authority shall perform his or her duties conscientiously in compliance with the quality management plan. |
| (4) | The Administrator of the Korea Meteorological Administration may conduct inspections to ensure that an observational authority performs the quality management of the data from weather observations appropriately in accordance with the quality management plan. |
| (5) | Upon receipt of a request from any other observational authority for technical guidance for the management of the data from weather observations, the Administrator of the Korea Meteorological Administration shall prepare and implement an appropriate plan for the technical guidance. |
| (6) | The Administrator of the Korea Meteorological Administration may grade the quality of weather observation data provided by an observational authority. <Newly Inserted on Mar. 24, 2014> |
| (7) | Matters necessary for the guidelines for the formulation of a quality management plan and for the procedure for the inspection of quality management under paragraph (4), shall be prescribed by Presidential Decree. |
| (8) | Matters necessary for the standards and procedure for grading quality under paragraph (6), shall be prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Mar. 24, 2014> |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 11 (Eligibility Criteria for Workers in Charge of Weather Observations) |
The Administrator of the Korea Meteorological Administration may recommend the head of any other observational authority to assign weather observations to the persons who meet the eligibility criteria prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 31, 2008]
| Article 12 (Mutual Exchanges and Joint Utilization of Data from Weather Observations) |
| (1) | The Administrator of the Korea Meteorological Administration shall prepare and implement a policy necessary for the data from weather observations by each observational authority to be mutually exchanged and jointly utilized through the weather information system. |
| (2) | Each observational authority shall transmit data from weather observations to the weather information system. |
| (3) | The Administrator of the Korea Meteorological Administration shall prescribe and publicly notify the transmission and receiving methods of communications among observational authorities, subject to consultation with heads of observational authorities, to enable observational authorities to smoothly exchange data from weather observations with one another. |
| (4) | Any observational authority that intends to publish any data from weather observations shall consult with the Administrator of the Korea Meteorological Administration, but shall, if the data from weather observations are those acquired through mutual exchange under paragraph (1), obtain the consent of the observational authorities that initially collected the data from weather observations: Provided, That consultation with the Administrator of the Korea Meteorological Administration and the consent of the relevant observational authorities may be omitted for the data from weather observations of any special area specified and publicly notified by the Administrator of the Korea Meteorological Administration. |
[This Article Wholly Amended on Dec. 31, 2008]
CHAPTER IV TYPE APPROVAL AND TESTING AND APPROVAL OF METEOROLOGICAL INSTRUMENTS
| Article 12-2 (Type Approval of Meteorological Instruments) |
| (1) | Any person who intends to manufacture or import meteorological instruments prescribed by Presidential Decree in order to provide them for observations by any observational authority shall obtain approval of the Administrator of the Korea Meteorological Administration regarding the structure, specifications, performance, etc. of the relevant meteorological instruments before manufacturing or importing them: Provided, That the foregoing shall not apply to meteorological instruments acknowledged and publicly announced by the Administrator of the Korea Meteorological Administration as meeting the criteria for type approval prescribed in paragraph (5), as meteorological instruments certified pursuant to Article 15 of the Industrial Standardization Act. |
| (2) | Where any person who has obtained approval prescribed in the main sentence of paragraph (1) (hereinafter referred to as "type approval") intends to amend any approved matter prescribed as important by Ordinance of the Ministry of Environment, he or she shall obtain an approval of such change from the Administrator of the Korea Meteorological Administration. |
| (3) | Any person who has obtained a type approval or an approval of amendment thereto prescribed in paragraph (2) (hereinafter referred to as "revised approval") shall attach an indication of the approval details onto any conspicuous part of meteorological instruments, as prescribed by Ordinance of the Ministry of the Environment. |
| (4) | No observational authority shall use any meteorological instrument that has failed to obtain a type approval or revised approval in performing meteorological observation: Provided, That the foregoing shall not apply to meteorological instruments prescribed in the proviso to paragraph (1). |
| (5) | Matters necessary for the criteria, methods, procedures, etc. for type approval and revised approval shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Apr. 17, 2018]
| Article 12-3 (Revocation of Type Approval) |
| (1) | Where any person who has obtained a type approval or revised approval or who has manufactured or imported meteorological instruments falls under any of the following subparagraphs, the Administrator of the Korea Meteorological Administration may revoke the relevant type approval or order the relevant person to suspend the manufacturing or importing of the relevant meteorological instruments: Provided, That the relevant type approval shall be revoked when such person falls under subparagraph 1: |
| 1. | Where he or she has obtained the type approval or revised approval by fraud or other improper means; |
| 2. | Where he or she has amended any important matter without obtaining a revised approval in violation of Article 12-2 (2); |
| 3. | Where he or she has failed to attach an indication of approval details in violation of Article 12-2 (3) or has attached a false indication thereof; |
| 4. | Where he or she has failed to comply with the type approval or revised approval he or she has obtained in manufacturing or importing meteorological instruments. |
| (2) | The detailed criteria for revoking approval or ordering suspension provided for in paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Apr. 17, 2018]
| Article 12-4 (Designation of Type Approval Agency) |
| (1) | In order to perform the duties related to type approval professionally and efficiently, the Administrator of the Korea Meteorological Administration may designate a type approval agency among the corporations or organizations meeting the following requirements, and require the agency so designated to conduct all or part of the duties related to type approval: |
| 1. | It shall be a non-profit corporation or organization; |
| 2. | It shall meet the standards for facilities, equipment, technical personnel, etc. prescribed by Presidential Decree; |
| 3. | It shall ensure its independence status, such as not receiving financial assistance from any person who manufactures or imports meteorological instruments. |
| (2) | Any corporation or organization that intends to be designated as a type approval agency pursuant to paragraph (1) shall apply for designation to the Administrator of the Korea Meteorological Administration. |
| (3) | Any corporation or organization designated as a type approval agency pursuant to paragraph (1) (hereinafter referred to as "type approval agency") shall, when it intends to change any important matter prescribed by Ordinance of the Ministry of Environment, obtain revised designation. |
| (4) | In order to verify whether a type approval agency is operated appropriately, the Administrator of the Korea Meteorological Administration may visit and inspect the type approval agency and require it to submit related materials. |
| (5) | Other matters necessary for the methods and procedures for granting designation or revised designation of a type approval agency, the visit thereto, the inspection thereof, and so forth shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Apr. 17, 2018]
| Article 12-5 (Revocation of Designation of Type Approval Agency) |
| (1) | Where a type approval agency falls under any of the following subparagraphs, the Administrator of the Korea Meteorological Administration may revoke its designation or order it to wholly or partially suspend its business for a fixed period of up to six months: Provided, That when it falls under subparagraph 1 or 2, its designation shall be revoked: |
| 1. | Where it has obtained designation or revised designation prescribed in Article 12-4 (1) and (3) by fraud or other improper means; |
| 2. | Where it has performed duties for type approval during the period of its business suspension; |
| 3. | Where it has granted a type approval or revised approval in violation of the criteria for granting type approval or revised approval prescribed in Article 12-2 (5); |
| 4. | Where it comes to fail to meet the requirements prescribed in any subparagraph of Article 12-4 (1); |
| 5. | Where it fails to perform duties for type approval for at least one consecutive year without just cause after being designated as a type approval agency pursuant to Article 12-4 (1). |
| (2) | Matters necessary for revoking designation or suspending business pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Apr. 17, 2018]
| Article 13 (Testing and Approval of Meteorological Instruments) |
| (1) | Each person who engages in business manufacturing, importing, installing or repairing (hereinafter referred to as "manufacturing") meteorological instruments (including those not subject to type approval under Article 12-1 (1) and those for which revised approval is obtained; hereafter the same shall apply in this Article) and who intends to supply such meteorological instruments, after manufacturing them, to any observational authority for weather observations, shall pass a test to obtain approval from the Administrator of the Korea Meteorological Administration, as prescribed by Presidential Decree: Provided, That meteorological instruments prescribed by Presidential Decree, such as meteorological instruments tested and approved or calibrated under the Framework Act on National Standards or any other relevant statute, shall be exempted from testing for approval. <Amended on Mar. 24, 2014; Apr. 17, 2018> |
| (2) | An observational authority that uses a meteorological instrument provided by a person who engages in business manufacturing meteorological instruments under paragraph (1) for observational purposes, shall have the meteorological instrument tested by the Administrator of the Korea Meteorological Administration before the expiration of the period of validity of testing and approval or calibration (hereinafter referred to as "period of validity of testing and approval"), as prescribed by Presidential Decree. In such cases, testing fees may be exempted. <Newly Inserted by Mar. 24, 2014> |
| (3) | The period of validity of the testing and approval of each type of meteorological instrument subject to testing and approval under the main sentence of paragraph (1) and paragraph (2), shall be prescribed by Ordinance of the Ministry of Environment within the maximum of five years. <Amended on Mar. 24, 2014> |
| (4) | No observational authority shall use any meteorological instrument that has failed the testing for approval under the main sentence of paragraph (1) and paragraph (2) or is not exempted from the testing for approval, or whose period of validity of testing and approval under paragraph (3), has already expired. <Amended on Mar. 24, 2014> |
| (5) | The standards for the testing and approval of the meteorological instruments subject to testing for approval under the main sentence of paragraph (1) and paragraph (2), shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Mar. 24, 2014; Apr. 17, 2018> |
| (6) | If a person who engages in business manufacturing meteorological instruments intends to develop, improve, or distribute such instruments, the Administrator of the Korea Meteorological Administration may provide such person with facilities and equipment to assist him or her in conducting experimental field observations at any officially recognized observation station. <Amended on Mar. 24, 2014> |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 14 (Designation of Testing and Approval Agency) |
| (1) | In order to conduct testing and approval under Article 13 in a professional manner, the Administrator of the Korea Meteorological Administration may designate an agency capable of testing meteorological instruments, to fully or partially outsource the testing and approval thereto. |
| (2) | Any person who desires to be designated pursuant to paragraph (1) shall be equipped with testers and testing facilities prescribed by Presidential Decree and shall file an application with the Administrator of the Korea Meteorological Administration. |
| (3) | Necessary matters concerning the eligibility criteria for, and the method of, making designations under paragraph (1), shall be prescribed by Ordinance of the Ministry of Environment. |
| (4) | In order to ensure that an agency designated pursuant to paragraph (1) (hereinafter referred to as "testing and approval agency") maintains its competency as such agency, the Administrator of the Korea Meteorological Administration may access and inspect the testing and approval agency and may also request it to submit relevant data. |
| (5) | If the Administrator of the Korea Meteorological Administration finds as a result of the inspection under paragraph (4) that a testing and approval agency is inappropriate to perform testing and approval, he or she shall notify it of the result and request it to make improvements. |
| (6) | In any of the following cases, the Administrator of the Korea Meteorological Administration shall order a testing and approval agency to take corrective measures within a given period not exceeding three months: <Amended on Mar. 24, 2014; Apr. 17, 2018> |
| 1. | If a testing and approval agency violates any of the standards for testing and approval or the guidelines for testing fees under Article 13 in performing testing and approval; |
| 2. | If a testing and approval agency ceases to meet any of the eligibility criteria for the designation under paragraph (3); |
| 3. | If a testing and approval agency fails to comply with a request for improvements under paragraph (5); |
| 4. | If a testing and approval agency performs duties for testing and approval prescribed in Article 13 (1) or (2) in violation of the guidelines for testing fees prescribed in Article 22-2. |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 15 (Cancellation of Designation of Testing and Approval Agencies) |
If a testing and approval agency falls under any of the following, the Administrator of the Korea Meteorological Administration may cancel the designation of the agency or order it to fully or partially suspend its testing and approval, for a given period of not exceeding six months: Provided, That the designation of an agency must be cancelled without exception if the agency falls under subparagraph 1:
| 1. | If the agency obtained the designation by fraud or other improper means; |
| 2. | If the agency has failed to comply with an order of rectification under Article 14 (6). |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 16 (Stamp Certifying Tested and Approved) |
The Administrator of the Korea Meteorological Administration or a testing and approval agency shall affix a stamp with words "tested and approved" on meteorological instruments that successfully passed testing and those exempt from testing in accordance with Article 13 (1), as prescribed by Ordinance of the Ministry of Environment. [This Article Wholly Amended on Dec. 31, 2008]
CHAPTER V OPTIMIZATION OF SETTING FOR WEATHER OBSERVATIONS
| Article 17 (Optimization of Setting for Weather Observations) |
| (1) | The Administrator of the Korea Meteorological Administration shall prepare and advance a policy necessary for observation facilities to ensure and maintain the optimal setting for weather observations. |
| (2) | In order to ensure that observation facilities have ensured and maintain the optimal setting for weather observations, the Administrator of the Korea Meteorological Administration may access to and inspect any observation facility of any observational authority, subject to consultation with the head of the relevant observational authorities, and may also request any observational authorities to furnish him or her with data. |
| (3) | The Administrator of the Korea Meteorological Administration may, if he or she finds, as a result of the inspection under paragraph (2), that the deteriorated setting for weather observations has lowered, or is likely to lower, the reliability of the data from weather observations, request the head of the relevant observational authority to improve observation facilities. In such cases, the head of the relevant observational authority shall comply with such request, unless there are any exceptional circumstance to the contrary. |
| (4) | The Administrator of the Korea Meteorological Administration may, if necessary for the improvement of observation facilities under paragraph (3), dispatch technical human resources, provide technical guidance, or provide support in any other way at the request of the head of the relevant observational authority. |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 18 (Cooperation by Appropriate Authorities in Installation of Observation Facilities in Optimal Environment) |
| (1) | If a place specified by Presidential Decree having the optimal setting for weather observations falls under any of the following, the head of any observational authorities may request the head of the competent central administrative agency or local government (hereinafter referred to as "competent authorities") to cooperate in installing observation facilities: <Amended on Sep. 16, 2011> |
| (2) | Upon receiving a request for cooperation pursuant to paragraph (1), the head of the competent authority shall comply with such request, unless there is a compelling reason not to do so. |
| (3) | When the head of any observational authorities intends to install observation facilities with the cooperation under paragraph (2), he or she shall prepare measures necessary to minimize damage to the natural environment. |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 19 (Endeavors to Maintain Setting for Weather Observations and Removal of Obstacles) |
| (1) | The Administrator of the Korea Meteorological Administration shall monitor the setting for weather observations occasionally notify the head of each observation authority of the findings thereof. <Amended on Mar. 24, 2014> |
| (2) | Upon receipt of notice under paragraph (1), the head of a observation authority shall reflect the findings so notified in the management of the setting for weather observations in observation facilities. <Newly Inserted by Mar. 24, 2014> |
| (3) | If the head of an observational authority, whether it is a State agency or a local government, discovers any obstacle that deteriorates the setting for weather observations in any observation facility, he or she may remove or alter (hereinafter referred to as "remove") the obstacle directly, subject to prior consent of the owner, possessor, or manager (hereinafter referred to as "owner") thereof: Provided, That if the head of the relevant observational authority is unable to remove an obstacle directly in extenuating circumstances, he or she may request the head of the competent Si/Gun/Gu(Gu means an autonomous Gu; hereinafter the same shall apply) to remove it. <Amended on Mar. 24, 2014> |
| (4) | If the domicile or residence of the owner of an obstacle is unknown or if the head of an observational authority under paragraph (3) is unable to obtain consent from the owner, the head of the observational authority may request the head of the competent Si/Gun/Gu to remove the obstacle without severely damaging the form or condition of the obstacle or may remove the obstacle after consulting with the head of the competent Si/Gun/Gu. In such cases, the head of the observational authority shall give notice of the relevant facts, without delay, in accordance with the following procedures: <Amended on Mar. 24, 2014> |
| 1. | If the head of an observational authority fails to obtain consent of the owner of the obstacle: Notice of the relevant facts shall be given to the owner; |
[This Article Wholly Amended on Dec. 31, 2008]
CHAPTER VI COMMITTEE FOR STANDARDIZATION OF WEATHER OBSERVATIONS
| Article 20 (Establishment of Committee for Standardization of Weather Observations) |
| (1) | The Administrator of the Korea Meteorological Administration shall establish a committee for the standardization of weather observations under his or her control to have a committee deliberate on important matters concerning the standardization of weather observations (hereinafter referred to as the "Committee"). |
| (2) | The Committee shall deliberate on the following matters: <Amended on Mar. 24, 2014; Apr. 17, 2018> |
| 1. | Matters concerning the formulation and comprehensive adjustment of policies for the establishment, maintenance, and development of the system for the standardization of weather observations, including policies and projects for, the standardization of weather observations; |
| 2. | Matters concerning the establishment and alteration of methods of weather observations; |
| 3. | Matters concerning the eligibility criteria for workers in charge of weather observations and the education and training of such workers; |
| 4. | Decision-making on the standards for the types, specifications, and quantity of meteorological instruments; |
| 5. | Matters concerning type approval, testing and approval, and follow-up management of meteorological instruments; |
| 6. | Matters concerning the securing and maintenance of the optimal setting for weather observations; |
| 7. | Matters concerning the standardization and quality management of data from weather observations; |
| 8. | Matters concerning the adjustment of, consultation about, rating of, and support for observation facilities; |
| 9. | Matters concerning mutual exchange and joint utilization of the data from weather observations, such as the procession and transmission method of the data from weather observations; |
| 10. | Matters concerning cooperation with international and foreign organizations relating to standards for weather observations; |
| 11. | Other matters brought to the Committee by the Administrator of the Korea Meteorological Administration for deliberation as important matters concerning the standardization of weather observations. |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 21 (Composition of Committee) |
| (1) | The Council shall be comprised of not more than 20 members, including the Chairperson. |
| (2) | The Administrator of the Korea Meteorological Administration shall take the chair of the Committee, and other Committee members shall be the following persons: <Amended on Apr. 1, 2009; Mar. 23, 2013; Apr. 17, 2018> |
| 1. | Public officials appointed by the head of each competent central administrative agency or local government from among Grade III or higher-ranking public officials working for a central administrative agency or a local government specified by Presidential Decree among the Ministry of Trade, Industry and Energy or observational authorities each of which is either a central administrative agency or a local government; |
| 2. | Persons commissioned by the Administrator of the Korea Meteorological Administration (hereinafter referred to as "commissioned members") from among persons who belong to the representative agency of national measurement standards under Article 13 (1) of the Framework Act on National Standards or persons who have ample knowledge and experience in weather observations. |
| (3) | The Committee shall have one secretary, who shall be designated by the Administrator of the Korea Meteorological Administration from among Class-III or higher-ranking public officials who work for the Korea Meteorological Administration. <Amended on Apr. 17, 2018> |
| (4) | The term of office for each commissioned member shall be two years. |
| (5) | The Committee shall have a working subcommittee for the expert review on, and prior adjustment of items to be included in the agenda of meetings of the Committee. |
| (6) | Matters necessary for the organization and operation of the Committee and a working subcommittee shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 22 (Implementation of Resolutions) |
| (1) | The Administrator of the Korea Meteorological Administration shall reflect the results of deliberation of the Committee to the maximum extent in policies for the standards of weather observations. |
| (2) | The Committee chairperson shall notify observational authorities of the resolutions of the Committee. |
| (3) | The head of any observational authorities shall reflect the resolutions notified pursuant to paragraph (2) in the operation of observation facilities to the maximum extent and report the results thereof to the Committee. |
[This Article Wholly Amended on Dec. 31, 2008]
CHAPTER VII SUPPLEMENTARY PROVISIONS
Any of the following persons shall pay fees to a type approval agency or a testing and approval agency, as prescribed by Ordinance of the Ministry of Environment:
| 1. | A person who intends to obtain a type approval or a revised approval; |
| 2. | A person who intends to obtain approval by undergoing a test pursuant to Article 13 (1) or (2). |
[This Article Newly Inserted on Apr. 17, 2018]
| Article 23 (Recommendation for Correction) |
In any of the following cases, the Administrator of the Korea Meteorological Administration may recommend any other observational authority to take corrective measures therefor: <Amended on Mar. 24, 2014; Apr. 17, 2018>
| 1. | If any other observational authority has failed to comply with the standards for weather observations under Article 4 (2) in conducting weather observations; |
| 2. | If any other observational authority has failed to notify, in writing, the details of installation, replacement, relocation, or disuse of observation facilities in violation of Article 8 (2); |
| 3. | If any other observational authority has failed to establish and implement the quality management plan under Article 10 (2); |
| 4. | If any other observational authority has published any data from weather observations in violation of Article 12 (4); |
| 5. | If any other observational authority has performed observation using a meteorological instrument that has failed to obtain a type approval or revised approval, in violation of Article 12-2 (4); |
| 6. | If any other observational authority uses any meteorological instrument that has failed to pass testing for approval or is not exempted from testing for approval or whose period of validity of the testing and approval has already expired, in violation of Article 13 (4), in conducting weather observations. |
[This Article Wholly Amended on Dec. 31, 2018]
| Article 24 (Countermeasures against Noncompliance with Requests for Improvement of Facilities) |
| (1) | The Administrator of the Korea Meteorological Administration shall, if any other observational authority falls under any of the following subparagraphs, take measures as may be necessary for rectification, such as the adjustment of grade of observation facilities under Article 8 (3), the suspension of support or the exclusion from distribution and use of weather information through the weather information system under Article 9 (1) or 17 (4): |
| 1. | If any observational authority has failed to comply with a request for the improvement of observation facilities under Article 17 (3) in the absence of any exceptional circumstances; |
| 2. | If any observational authorities authority has failed to comply with the recommendation of correction under Article 23. |
| (2) | Necessary matters concerning the details of, and the procedure for, the countermeasures under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 25 (Presentation of Identification) |
Any public official who has the following access to a place or conducts the following inspections, etc., shall carry an identification card indicating his or her authority and present it to persons involved: <Amended on Mar. 24, 2014; Apr. 17, 2018>
| 1. | The inspection on observation facilities under Article 9 (2); |
| 2. | The access to, and inspection of, a type approval agency under Article 12-4 (4); |
| 3. | The access to, and the inspection on, any testing and approval agency under Article 14 (4); |
| 4. | The access to, and the inspection of, observation facilities under Article 17 (2); |
| 5. | The removal of an obstacle under Article 19 (3), etc. |
[This Article Wholly Amended on Dec. 31, 2008]
Where the Administrator of the Korea Meteorological Administration intends to make any of the following dispositions, he or she shall hold a hearing:
| 1. | Revoking type approval or ordering to suspend the manufacturing or importing of meteorological instruments under Article 12-3 (1); |
| 2. | Revoking designation of a type approval agency or ordering it to suspend its business under Article 12-5 (1); |
| 3. | Revoking designation of a testing and approval agency or ordering it to suspend its testing and approval business under Article 15. |
[This Article Wholly Amended on Apr. 17, 2018]
| Article 27 (Legal Fiction as Public Officials in Application of Penalty Provisions) |
| 1. | An executive officer of any type approval agency and its employee in charge of duties related to type approval; |
| 2. | An executive officer of any testing and approval agency and its employee in charge of duties related to testing and approval. |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 28 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: <Amended on Apr. 17, 2018> |
| 1. | A person who has supplied a meteorological instrument for observation by any observational authority without obtaining a type approval or revised approval, in violation of Article 12-2 (1) or (2); |
| 2. | A person who has supplied a meteorological instrument, not tested nor approved, for observation by any observational authority, in violation of Article 13 (1). |
| (2) | Administrative fines under paragraph (1) shall be imposed and collected by the Administrator of the Korea Meteorological Administration, as prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 31, 2008]
ADDENDA <Act No. 7807, Dec. 30, 2005>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measure concerning Pre-Existing Observation Facilities) The observation facilities operated by any observational authority at the time when this Act enters into force shall be upgraded to meet the standards under Article 4 (2) 1, 2 and 4 within the maximum of 10 years, as prescribed by Presidential Decree. |
| (3) | (Transitional Measure concerning Testing of, and Approval for, Meteorological Instruments) Meteorological instruments that have successfully passed the testing for approval under the provisions of the previous Weather Service Act at the time when this Act enters into force are deemed to have successfully passed the testing for approval under Article 13 of this Act. |
| (4) | (Transitional Measure concerning Period of Validity of Testing of, and Approval for, Meteorological Instruments) The period of validity of the testing of, and the approval for, any meteorological instrument that has successfully passed the testing for approval before this Act enters into force shall be governed by the provisions of the previous Weather Service Act. |
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. 8733, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ··· <omitted> ··· the amendments to the Acts to be amended pursuant to Article 6 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Act. Articles 2 through 7 Omitted.
ADDENDUM <Act No. 9308, Dec. 31, 2008>
This Act shall enter into force on the date of its promulgation.
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.
ADDENDUM <Act No. 11060, Sep. 16, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12517, Mar. 24, 2014>
Article 1 (Enforcement Date)
This Article shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Hearings)
The amended provisions of Article 26 shall apply, beginning with cases where an order is issued to suspend operation of business for testing and approval after this Act enters into force.
ADDENDUM <Act No. 14785, Apr. 18, 2017>
This Article shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14786, Apr. 18, 2017>
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. 15585, Apr. 17, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force three years after the date of its promulgation: Provided, That the amended provisions of Article 21 shall enter into force six months after the date of its promulgation. Article 2 (Preparation for Enforcement of Act)
Where it is deemed necessary to enforce this Act, the Administrator of the Korea Meteorological Administration may take preparatory measures necessary to designate a type approval agency referred to in Article 12-4 before this Act enters into force. Article 3 Deleted. <Jan. 5, 2021>
Article 4 (Transitional Measures concerning Type Approval and Test Approval of Meteorological Instruments)
| (1) | Meteorological instruments that passed a testing for approval pursuant to the previous provisions as at the time this Act enters into force (excluding meteorological instruments of the same type) shall be deemed type-approved pursuant to the amended provisions of Article 12-2, and shall be deemed to have been tested for approval pursuant to the amended provisions of Article 13 until the date the validity of testing for approval under the previous provisions expires: Provided, That an observational authority intending to continue to use the relevant meteorological instruments for the purpose of observation even after the expiration of the validity of testing for approval under the previous provisions shall undergo testing for approval under the amended provisions of Article 13 before the expiration of the validity under the previous provisions. |
| (2) | Meteorological instruments of the same type as those tested for approval in accordance with the previous provisions (excluding those applied in paragraph (1)) as at the time this Act enters into force shall be deemed to have obtained type approval under the amended provisions of Article 12-2: Provided, That a type approval shall be obtained in accordance with the same amended provisions by the date on which three years pass after the enforcement of this Act. |
[This Article Newly Inserted on Jan. 5, 2021]
ADDENDUM <Act No. 17838, Jan. 5, 2021>
This Act shall enter into force on the date of its promulgation.