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SPECIAL ACT ON THE IMPROVEMENT OF AIR QUALITY IN AIR CONTROL ZONES

Act No. 16305, Apr. 2, 2019

Amended by Act No. 17091, Mar. 24, 2020

Act No. 17326, May 26, 2020

Act No. 17983, Apr. 1, 2021

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to protect the health of residents and create a pleasant living environment by promoting comprehensive policies aimed at improving air quality in regions, etc. seriously affected by air pollution, and controlling air pollution sources in a systematic and wide-ranging manner.
 Article 2 (Definitions)
The terms used in this Act are defined as follows:
1. The term "air control zone" means a region prescribed by Presidential Decree including the following:
(a) A region deemed to be seriously affected by air pollution;
(b) A region whose air pollutants are deemed to significantly affect the air pollution in regions falling under item (a);
2. The term "emitting facility" means a facility, machinery, apparatus or any other object emitting pollutants into the air, including air pollutant-emitting facilities under subparagraph 11 of Article 2 of the Clean Air Conservation Act, and that for which the Minister of Environment holds a consultation with the Minister of Trade, Industry and Energy to prescribe by Ordinance of the Ministry of Environment;
3. The term "emissions" means a weight converted from the volume of air pollutants emitted from the emission sources, such as emitting facilities and motor vehicles (referring to motor vehicles under subparagraph 13 of Article 2 of the Clean Air Conservation Act);
4. The term "facility with Best Available Control Technology (BACT)" means a facility, deemed to be highly efficient in reducing air pollutants, employing air pollution control technologies currently available or for future deployment in consideration of the prospects of technological advances, for which the Minister of Environment holds a consultation with the Minister of Trade, Industry and Energy to prescribe by Ordinance of the Ministry of Environment, among air pollution prevention facilities under subparagraph 12 of Article 2 of the Clean Air Conservation Act;
5. The term "specific diesel motor vehicle" means a diesel motor vehicle registered in an air control zone, whose warranty period of exhaust emissions under Article 46 (3) of the the Clean Air Conservation Act expires, among motor vehicles defined in subparagraph 13 of Article 2 of the same Act: Provided, That excluded herefrom are diesel motor vehicles whose engine displacement, etc. meets the standards prescribed by Ordinance of the Ministry of Environment;
6. The term "specific construction machinery" means construction machinery registered in an air control zone, whose warranty period of exhaust emissions under Article 46 (3) of the Clean Air Conservation Act expires, or which was manufactured before January 1, 2004, among construction machinery defined in subparagraph 13-2 (a) of Article 2 of the same Act.
 Article 3 (Relationship to the Clean Air Conservation Act)
This Act shall prevail over the Clean Air Conservation Act, and matters not provided in this Act shall be governed by the Clean Air Conservation Act.
 Article 4 (Responsibilities of the State and Local Governments)
(1) The State shall formulate and implement comprehensive policies for the improvement of air quality in air control zones.
(2) A local government that has jurisdiction over an air control zone (hereinafter referred to as "local government") shall formulate and implement detailed policies for the improvement of air quality, in consideration of the social and environmental characteristics of the jurisdictional area.
 Article 5 (Responsibilities of Business Entities)
A person who engages in any business activity (including the operation of motor vehicles he or she owns for the relevant business activity; hereinafter the same shall apply) in an air control zone shall actively take measures necessary to prevent air pollution caused by the business activity, and actively cooperate in air quality conservation policies implemented by the State or a local government.
 Article 6 (Responsibilities of Residents)
Residents living in an air control zone shall endeavor to reduce air pollution in their daily lives, such as when driving motor vehicles, and cooperate in air quality conservation policies implemented by the State or a local government.
 Article 7 (Conducting Basic Surveys)
(1) Where necessary for implementing this Act, the Minister of Environment may conduct a basic survey on the population, housing, industries, motor vehicles, traffic, use of energy, etc. in air control zones or request the head of the relevant administrative agency to provide needed data or support.
(2) Upon receipt of a request under paragraph (1), the head of the relevant administrative agency shall comply with such request, unless there is a compelling reason not to do so.
(3) The Minister of Environment shall conduct necessary surveys on the severity, causes of risks, etc. to reduce risks caused by air pollution in an air control zone.
 Article 8 (Measurement of Air Pollution Levels)
(1) The Minister of Environment shall measure the levels of air pollution caused by fine dust, etc. in air control zones by using motor vehicles with measuring equipment, and disclose the results thereof, as prescribed by Ordinance of the Ministry of Environment.
(2) Where the results referred to in paragraph (1) indicate that air pollution exceeds the standards prescribed by Presidential Decree, the Minister of Environment may request the head of the relevant administrative agency to take necessary measures.
(3) Upon receipt of a request under paragraph (2), the head of the relevant administrative agency shall comply with such request, unless there is a compelling reason not to do so.
CHAPTER II FORMULATION OF MASTER PLAN FOR AIR QUALITY CONTROL
 Article 9 (Formulation of Master Plan)
(1) The Minister of Environment shall hear the opinions of the head of the relevant central administrative agency and the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") that has jurisdiction over an air control zone to formulate an air quality control master plan by air control zone, with the aim of reducing the following air pollutants (hereinafter referred to as "master plan") every five years, so as to improve the air quality of the air control zone:
1. Nitrogen oxides;
2. Sulfur oxides;
3. Volatile organic compounds;
4. Dust;
5. Fine dust (PM-10);
6. Ultrafine dust (PM-2.5);
7. Ozone (O3).
(2) A master plan shall include the following:
1. Matters regarding objectives and basic direction-setting for improving air quality;
2. Current air pollutant emissions from each emission source and the outlook therefor;
3. Current state of and outlook for air pollution levels;
4. Total emission allowances of air pollutants from each emission source in air control zones;
5. Plans to reduce air pollutant emissions from each emission source in air control zones;
6. Total emission allowances of air pollutants by the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province (hereinafter referred to as "City/Do") included in any air control zone (hereinafter referred to as "regional total emission allowances");
7. Matters regarding the distribution of low-emission motor vehicles referred to in subparagraph 16 of Article 2 of the Clean Air Conservation Act;
8. Standards for allocating total emission allowances of pollutants subject to total emission control (referring to nitrogen oxides, sulfur oxides and dust; hereinafter the same shall apply) at a place of business located in an air control zone;
9. Support to places of business to which total emission allowances of pollutants subject to total emission control are allocated;
10. Support to local governments or business entities that engage in air quality improvement projects in air control zones;
11. Matters regarding the amount of financial resources required for the implementation of a master plan, and a financing plan therefor;
12. Evaluation of the preceding master plan;
13. Other matters prescribed by Presidential Decree, as deemed necessary for the improvement of the air quality of air control zones.
(3) Where deemed necessary to modify a master plan for such reasons as a request made by the relevant central administrative agency, the Minister of Environment may modify such plan after reviewing the validity thereof. <Amended on May 26, 2020>
(4) Where the Minister of Environment intends to formulate or modify a master plan, the Minister shall have a consultation with the head of the relevant central administrative agency and a Mayor/Do Governor, hold a public hearing, etc. to collect opinions thereon to eventually finalize the plan following deliberations by the Air Quality Control Committee under Article 12, and then give public notice of the major details in the Official Gazette.
(5) Where the Minister of Environment formulates a master plan, the Minister shall comprehensively take into consideration the levels of air pollution in air control zones, trends in the development of environmental technologies, the need to build or expand factories, emission loads of air pollutants from each emission source, etc.
(6) The Minister of Environment may organize and operate an air quality research support group for air control zones as prescribed by Ordinance of the Ministry of Environment, by holding a consultation with the head of the relevant central administrative agency in order to conduct surveys and research, etc. necessary for formulating a master plan and an action plan under Article 10 (1).
(7) The Minister of Environment shall prepare a report on the outcomes of promoting a master plan to submit to the National Assembly as prescribed by Presidential Decree, which comprehensively reviews the outcomes of promoting the master plan formulated under paragraph (1) and the action plan reported under Article 10 (3).
 Article 10 (Formulation of Action Plan)
(1) A Mayor/Do Governor shall formulate a detailed plan to implement the master plan in his or her jurisdictional area (hereinafter referred to as "action plan") and obtain approval thereof from the Minister of Environment, and the same shall apply where modifications are made to such plan.
(2) Upon receipt of a request to approve an action plan under paragraph (1), the Minister of Environment shall grant approval of the plan after deliberations by the Air Quality Control Committee in the relevant air control zone referred to in Article 12, and a Mayor/Do Governor shall give public notice of the major details of the action plan approved by the Minister of Environment in the official report of the relevant City/Do.
(3) A Mayor/Do Governor shall file a report on the outcomes of promoting an action plan with the Minister of Environment every year.
(4) The Minister of Environment may request a Mayor/Do Governor to submit an improvement plan, where the outcomes of promoting an action plan under paragraph (3) indicates that the purposes of the action plan have not been achieved.
(5) Upon receipt of a request under paragraph (4), a Mayor/Do Governor shall submit an improvement plan to and obtain approval of the plan from the Minister of Environment.
(6) Matters necessary for the formulation and implementation of an action plan, the reporting of the outcomes of promoting the plan, etc. shall be prescribed by Ordinance of the Ministry of Environment.
 Article 11 (Formulation and Implementation of Environment-Friendly Development Plans)
Where the head of the relevant central administrative agency or a Mayor/Do Governor formulates the following plans, the environment-friendly plans shall be formulated and implemented to ensure that an air control zone has the least amount of air pollution:
1. A metropolitan plan established under Article 11 of the National Land Planning and Utilization Act;
2. A basic energy plan established under Article 41 of the Framework Act on Low Carbon, Green Growth;
3. A national core transport network plan established under Article 4 of the National Transport System Efficiency Act;
4. A master plan for intercity transport in metropolitan areas and an action plan for intercity transport in metropolitan areas established under Articles 3 and 3-2 of the Special Act on the Special Act on the Management of Intercity Transport in Metropolitan Areas;
5. Other plans prescribed by Presidential Decree.
 Article 12 (Air Quality Control Committee by Zone)
(1) The Government shall establish an Air Quality Control Committee in each air control zone (hereinafter referred to as the "Committee") to deliberate on and coordinate the following matters, with the aim of improving the air quality of an air control zone:
1. Matters regarding the formulation and modification of a master plan and an action plan;
2. Matters regarding the control of total emissions of pollutants in places of business;
3. Other matters prescribed by Presidential Decree, as deemed necessary for the improvement of the air quality of air control zones.
(2) The Minister of Environment shall serve as the chairperson of the Committee, and members of the Committee shall be the Vice Minister of the relevant central administrative agency prescribed by Presidential Decree, and the Vice Mayor or Vice Governor of a City/Do included in any air control zone, and experts with extensive expertise and knowledge.
(3) The chairperson shall represent the Committee and take overall control over the affairs of the Committee.
(4) A secretariat may be established under the Ministry of Environment as prescribed by Presidential Decree to handle the affairs of the Committee.
 Article 13 (Working Committee for Air Quality Control by Zone)
(1) A working committee for air quality control by zone (hereinafter referred to as "working committee") whose members are public officials of the relevant central administrative agencies and Cities/Dos, and persons with extensive knowledge of and experience in air quality shall be established under the Committee.
(2) A working committee shall handle the following matters:
1. Coordination and review of agenda items to be deliberated on by the Committee;
2. Matters delegated by the Committee, as prescribed by Presidential Decree.
 Article 14 (Organization and Operation of Committee)
Matters necessary for the organization, operation, etc. of the Committee and working committees shall be prescribed by Presidential Decree.
CHAPTER III CONTROL OF TOTAL POLLUTANTS IN PLACES OF BUSINESS
 Article 15 (Permission for Establishing Places of Business)
(1) A person who intends to establish a place of business emitting pollutants subject to total emission control in excess of the emissions limit prescribed by Presidential Decree in an air control zone or modify his or her place of business to that corresponding thereto, shall obtain permission to establish the place of business from the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment. The same shall also apply where modifications are made to permitted matters.
(2) Notwithstanding the latter part of paragraph (1), a person who has obtained permission intends to modify insignificant matters prescribed by Ordinance of the Ministry of Environment, he or she shall file a report on modification, as prescribed by Ordinance of the Ministry of Environment.
(3) Where the Minister of Environment grants permission or permission for modification under paragraph (1), the Minister shall attach a condition that facilities with BACT shall be installed.
(4) A person who has established or is establishing a place of business under paragraph (1) after obtaining permission for establishing or modifying the place of business, or filing a report on the establishment or modification thereof under Article 23 of the Clean Air Conservation Act in the relevant air control zone at the time the air control zones are determined shall be deemed to have obtained permission for establishing the place of business under the main clause of paragraph (1). In such cases, the person who has already established or is establishing the place of business shall file a report on matters prescribed by Ordinance of the Ministry of Environment with the Minister of Environment within the period prescribed by Ordinance of the Ministry of Environment from the date the air control zones are determined.
(5) A person who has obtained permission for establishing or modifying a place of business under paragraph (1) or has filed a report on modification under paragraph (2) shall be deemed to have obtained permission for installing or modifying an emitting facility of the place of business, or have filed a report on the installation or modification thereof under Article 23 of the Clean Air Conservation Act (including constructive permission, etc. pursuant to Article 24 of the same Act).
 Article 15 (Permission for Establishing Places of Business)
(1) A person who intends to establish a place of business emitting pollutants subject to total emission control in excess of the emissions limit prescribed by Presidential Decree in an air control zone or modify his or her place of business to that corresponding thereto, shall obtain permission to establish the place of business from the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment. The same shall also apply where modifications are made to permitted matters.
(2) Notwithstanding the latter part of paragraph (1), a person who has obtained permission intends to modify insignificant matters prescribed by Ordinance of the Ministry of Environment, he or she shall file a report on modification, as prescribed by Ordinance of the Ministry of Environment.
(3) Where the Minister of Environment grants permission or permission for modification under paragraph (1), the Minister shall attach a condition that facilities with BACT shall be installed.
(4) Within 20 days from the date of receipt of a report on modification under paragraph (2), the Minister of Environment shall notify a person who has filed the report as to whether the report is accepted. <Newly Inserted on Apr. 1, 2021>
(5) Where the Minister of Environment fails to notify a person who has filed a report as to whether or not to accept it or the extension of the processing period pursuant to the statutes or regulations related to the processing of civil petitions, within the period prescribed in paragraph (4), the report shall be deemed accepted on the following day after the end of such period (referring to the relevant processing period where the processing period under the statutes or regulations related to the processing of civil petitions is extended or re-extended). <Newly Inserted on Apr. 1, 2021>
(6) A person who has established or is establishing a place of business under paragraph (1) after obtaining permission for establishing or modifying the place of business, or filing a report on the establishment or modification thereof under Article 23 of the Clean Air Conservation Act in the relevant air control zone at the time the air control zones are determined shall be deemed to have obtained permission for establishing the place of business under the main clause of paragraph (1). In such cases, the person who has already established or is establishing the place of business shall file a report on matters prescribed by Ordinance of the Ministry of Environment with the Minister of Environment within the period prescribed by Ordinance of the Ministry of Environment from the date the air control zones are determined. <Amended on Apr. 1, 2021>
(7) Upon receipt of a report under the latter part of paragraph (6), the Minister of Environment shall review the details of the report and accept it, if such report complies with this Act. <Newly Inserted on Apr. 1, 2021>
(8) A person who has obtained permission for establishing or modifying a place of business under paragraph (1) or has filed a report on modification under paragraph (2) (including a person whose report on modification deems to be accepted under paragraph (5)) shall be deemed to have obtained permission for installing or modifying an emitting facility of the place of business, or have filed a report on the installation or modification thereof under Article 23 of the Clean Air Conservation Act (including constructive permission, etc. pursuant to Article 24 of the same Act). <Amended on Apr. 1, 2021>
[Enforcement Date: Oct. 2, 2021] Article 15
 Article 16 (Limitations on Permission)
Upon receipt of an application to obtain permission for establishing or modifying a place of business under Article 15 (1), the Minister of Environment shall not grant such permission where the establishment or modification of the place of business results in exceeding regional total emission allowances: Provided, That permission may be granted where the Minister of Trade, Industry and Energy requests that the Minister of Environment grant permission to establish or modify the place of business and unavoidable circumstances are recognized by the deliberations of the Committee.
 Article 17 (Allocation of Total Emission Allowances)
(1) The Minister of Environment shall annually allocate total emission allowances for each pollutant subject to total emission control every five years in accordance with the standards for allocating total emission allowances under Article 9 (2) 8 to a person who has obtained permission for establishing or modifying a place of business pursuant to Article 15 (1) and a person deemed to have obtained permission for establishing the place of business pursuant to paragraph (4) of the same Article (hereinafter referred to as "business entity“).
(2) Where the Minister of Environment allocates total emission allowances to business entities under paragraph (1), the Minister shall take into consideration the following matters:
1. Plans to reduce emissions under Article 9 (2) 5;
2. Regional total emission allowances;
3. Emissions of pollutants subject to total emission control and amounts of energy consumption in the relevant place of business for the past five years;
4. Current levels of Best Available Control Technology (BACT) and further possible reductions in pollutants subject to total emission control;
5. The relevant business entity's annual plans for reducing pollutants subject to total emission control;
6. Other matters prescribed by Ordinance of the Ministry of Environment.
(3) Where the Minister of Environment delegates to a Mayor/Do Governor the authority to allocate total emission allowances to each business in his or her jurisdictional area under Article 44, the Mayor/Do Governor shall determine the quantity of emission allowances allocated to each business in consultation with the Minister of Environment.
(4) A business entity to whom total emission allowances are allocated under paragraph (1) (hereinafter referred to as "business entity subject to total emission control") shall not emit pollutants subject to total emission control in excess of the relevant year's emission allowances.
(5) A business entity subject to total emission control shall calculate the emissions, and record and keep the calculation results by installing and operating equipment capable of automatically measuring the emissions of pollutants subject to total emission control as prescribed by Presidential Decree: Provided, That where it is difficult to install and operate such measuring equipment due to the characteristics of an emitting facility, the emissions shall be calculated in the manner prescribed by Ordinance of the Ministry of Environment.
(6) A business entity subject to total emission control shall submit the results of calculating the emissions under paragraph (5) to the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment.
(7) The Minister of Environment may request necessary data from business entities when allocating total emission allowances under paragraph (1).
(8) The Minister of Environment shall prescribe matters necessary for the timing, procedures, methods, etc. for allocating total emission allowances by Ordinance of the Ministry of Environment in consultation with the Minister of Trade, Industry and Energy.
(9) The Minister of Environment may operate a computer network capable of electronically processing measurement results by connecting it to any measuring equipment installed by business entities subject to total emission control to measure the emissions pursuant to paragraph (5), and may provide such business entities with financial and technical support to help them normally install and operate the measuring equipment.
 Article 17 (Allocation of Total Emission Allowances)
(1) The Minister of Environment shall annually allocate total emission allowances for each pollutant subject to total emission control every five years in accordance with the standards for allocating total emission allowances under Article 9 (2) 8 to a person who has obtained permission for establishing or modifying a place of business pursuant to Article 15 (1) and a person deemed to have obtained permission for establishing the place of business pursuant to paragraph (6) of the same Article (hereinafter referred to as "business entity“). <Amended on Apr. 1, 2021>
(2) Where the Minister of Environment allocates total emission allowances to business entities under paragraph (1), the Minister shall take into consideration the following matters:
1. Plans to reduce emissions under Article 9 (2) 5;
2. Regional total emission allowances;
3. Emissions of pollutants subject to total emission control and amounts of energy consumption in the relevant place of business for the past five years;
4. Current levels of Best Available Control Technology (BACT) and further possible reductions in pollutants subject to total emission control;
5. The relevant business entity's annual plans for reducing pollutants subject to total emission control;
6. Other matters prescribed by Ordinance of the Ministry of Environment.
(3) Where the Minister of Environment delegates to a Mayor/Do Governor the authority to allocate total emission allowances to each business in his or her jurisdictional area under Article 44, the Mayor/Do Governor shall determine the quantity of emission allowances allocated to each business in consultation with the Minister of Environment.
(4) A business entity to whom total emission allowances are allocated under paragraph (1) (hereinafter referred to as "business entity subject to total emission control") shall not emit pollutants subject to total emission control in excess of the relevant year's emission allowances.
(5) A business entity subject to total emission control shall calculate the emissions, and record and keep the calculation results by installing and operating equipment capable of automatically measuring the emissions of pollutants subject to total emission control as prescribed by Presidential Decree: Provided, That where it is difficult to install and operate such measuring equipment due to the characteristics of an emitting facility, the emissions shall be calculated in the manner prescribed by Ordinance of the Ministry of Environment.
(6) A business entity subject to total emission control shall submit the results of calculating the emissions under paragraph (5) to the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment.
(7) The Minister of Environment may request necessary data from business entities when allocating total emission allowances under paragraph (1).
(8) The Minister of Environment shall prescribe matters necessary for the timing, procedures, methods, etc. for allocating total emission allowances by Ordinance of the Ministry of Environment in consultation with the Minister of Trade, Industry and Energy.
(9) The Minister of Environment may operate a computer network capable of electronically processing measurement results by connecting it to any measuring equipment installed by business entities subject to total emission control to measure the emissions pursuant to paragraph (5), and may provide such business entities with financial and technical support to help them normally install and operate the measuring equipment.
[Enforcement Date: Oct. 2, 2021] Article 17
 Article 18 (Raising Objections)
(1) A business entity subject to total emission control who has any objection to total emission allowances allocated under Article 17 (1) or the results of calculating the emissions submitted under paragraph (6) of the same Article may raise the objection, in writing, with the Minister of Environment within 30 days from the date the total emission allowances are allocated or the results of calculating the emissions are submitted.
(2) The Minister of Environment shall make a determination on the objection within seven days from the date of such objection and notify, in writing, the person who has raised the objection of the result without delay: Provided, That if it is difficult to make a determination within seven days for any unavoidable reason, the Minister of Environment may extend the period not exceeding seven days and notify, in writing, such person of the reason therefor.
(3) Matters necessary for procedures for raising an objection, notification of determinations, etc. under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Environment.
 Article 19 (Special Cases concerning Emission Charges)
(1) For a business entity subject to total emission control, the Minister of Environment may reduce or exempt the emission charges under Article 35 of the Clean Air Conservation Act or may not apply the sulfur content levels for fuels under Article 41 of the same Act, as prescribed by Presidential Decree.
(2) For emitting facilities of the places of business classified as Type lll under Article 25 of the Clean Air Conservation Act, which are established and operated by a business entity subject to total emission control, the Minister of Environment may determine the permissible emission levels for pollutants subject to total emission control to which total emission allowances are allocated, differently from the permissible emission levels referred to in Article 16 (1) of the Clean Air Conservation Act, as prescribed by Ordinance of the Ministry of Environment.
 Article 20 (Transfer of Total Emission Allowances)
(1) Business entities subject to total emission control may transfer all or part of their total emission allowances, which are annually allocated, to another business entity subject to total emission control through trade, etc., where each of the following conditions is met:
1. Such transfer shall be made by pollutant subject to total emission control;
2. Such transfer shall be made between the same year's annual total emission allowances.
(2) Persons who intend to transfer all or part of their total emission allowances to another business entity subject to total emission control under paragraph (1) shall submit, to the Minister of Environment, supporting documents regarding transfer, such as a transfer contract, etc. signed by both parties, and receive confirmation therefrom.
(3) Persons who transfer all or part of their total emission allowances under paragraph (1) shall be deemed to have the total emission allowances reduced by the corresponding quantity in the relevant year, and the persons to whom the allowances are transferred shall be deemed to have their total emission allowances increased by the corresponding quantity in the relevant year.
(4) Business entities subject to total emission control may add all or part of their annual total emission allowances, which are allocated but unused in the relevant year, to their total emission allowances for the following year, within the limits prescribed by Presidential Decree, after obtaining approval from the Minister of Environment.
(5) Matters necessary for the quantity of total emission allowances to be transferred, the scope of regions, the transfer procedures, etc. under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment.
 Article 21 (Adjustment of Total Emission Allowances)
(1) Where the Minister of Trade, Industry and Energy requests the adjustment of total emission allowances, for reasons prescribed by Presidential Decree, such as the supply and demand of energy, the Minister of Environment may adjust the relevant year's total emission allowances after deliberations by the Committee.
(2) Where business entities subject to total emission control emit pollutants subject to total emission control in excess of their annual total emission allowances, the Minister of Environment may cut their total emission allowances for the following year, within the limit not exceeding two times the excess emissions, as prescribed by Presidential Decree.
 Article 22 (Penalty Surcharges for Excess Emissions)
(1) The Minister of Environment may impose and collect penalty surcharges for excess emissions (hereinafter referred to as "penalty surcharge") from a business entity subject to total emission control who emits pollutants subject to total emission control in excess of total emission allowances allocated under Article 17 (1).
(2) Where an emission charge referred to in Article 35 of the Clean Air Conservation Act has already been imposed, the amount equivalent thereto shall be reduced when the penalty surcharge is imposed.
(3) Where a person liable to pay a penalty surcharge under paragraph (1) fails to do so by the payment deadline, an additional charge shall be collected.
(4) Article 47-4 of the Framework Act on National Taxes shall apply mutatis mutandis to an additional charge under paragraph (3). In such cases, "national tax" shall be construed as "penalty surcharge".
(5) A penalty surcharge and an additional charge under paragraph (3) shall be deemed the revenue of the special account for environmental improvement referred to in the Framework Act on Environmental Policy.
(6) Where the Minister of Environment delegates to a Mayor/Do Governor the authority to collect a penalty surcharge and an additional charge in his or her jurisdictional area pursuant to Article 44, part of such penalty surcharge and additional charge may be used for the payment of collection expenses, as prescribed by Presidential Decree: Provided, That where the Mayor/Do Governor creates a special account pursuant to Article 37, the penalty surcharge and additional charge may be used for the payment of collection expenses and expenses for projects to address air pollution in his or her jurisdictional area, within the limit of 50/100.
(7) Where a person liable to pay a penalty surcharge and an additional charge fails to do so by the payment deadline, the Minister of Environment or a Mayor/Do Governor under paragraph (6) shall collect them in the same manner as delinquent national taxes or in accordance with the Act on the Collection of Local Administrative Penalty Charges. <Amended on Mar. 24, 2020>
 Article 23 (Criteria and Methods for Calculating Penalty Surcharges)
(1) A penalty surcharge shall be calculated by multiplying emissions exceeding total emission allowances by an amount imposed on each one kilogram of pollutants, imposition figures by region, penalty surcharge calculation index by year, imposition figures by a rate in excess of total emission allowances and imposition figures by the number of violations.
(2) An amount imposed on each one kilogram of pollutants, imposition figures by region, imposition figures by a rate in excess of total emission allowances and imposition figures by the number of violations under paragraph (1) shall be prescribed by Presidential Decree.
(3) A penalty surcharge calculation index by year under paragraph (1) shall be calculated every year by multiplying the penalty surcharge calculation index of the preceding year by the price fluctuation index prescribed and publicly notified by the Minister of Environment in consideration of the inflation rate, etc. of the preceding year.
 Article 24 (Revocation of Permission)
(1) The Minister of Environment may revoke permission for establishing or modifying a place of business under Article 15 (1), where a business entity falls under any of the following:
1. Where the business entity obtains permission or permission for modification by fraud or other improper means;
2. Where the business entity violates the conditions under Article 15 (3).
(2) The Minister of Environment may order any of the following persons to close his or her place of business:
1. A person who obtains permission or permission for modification pursuant to Article 15 (1) by fraud or other improper means;
2. A person who establishes and operates a place of business without obtaining permission for establishing or modifying the place of business under Article 15 (1);
3. A person who continues to operates a place of business for which permission or permission for modification under Article 15 (1) was revoked;
4. A person who has filed a report on modification under Article 15 (2) by fraud or other improper means.
(3) Where permission for establishing or modifying a place of business is revoked under paragraph (1), permission for installing or modifying an emitting facility under Article 23 of the Clean Air Conservation Act shall be deemed revoked or an order to close the emitting facility under Article 36 of the same Act shall be deemed issued.
 Article 25 (Special Cases concerning Companies Concluding Voluntary Agreements)
(1) Where business entities subject to total emission control formulate a plan to reduce the emissions of pollutants subject to total emission control below their total emission allowances to conclude an agreement (hereinafter referred to as "voluntary agreement") with the Minister of Environment, the following benefits may be granted:
1. Support of financial resources necessary for implementing a voluntary agreement;
2. Reduction of an amount equivalent to the emission reductions below their total emission allowances allocated in the previous year, where a penalty surcharge is imposed.
(2) The Minister of Environment shall prescribe, by Ordinance of the Ministry of Environment, matters necessary for the conclusion of a voluntary agreement, and reporting and verification of the implementation results, in consultation with the Minister of Trade, Industry and Energy.
CHAPTER IV CONTROL OF MOTOR VEHICLE EXHAUST EMISSIONS
 Article 26 (Control of Specific Diesel Motor Vehicles)
(1) Where deemed necessary for achieving the objectives of improving air quality under Article 9 (2) 1, the Minister of Environment may prescribe, by Ordinance of the Ministry of Environment, stricter permissible emission levels for specific diesel motor vehicles than those for in-use motor vehicles under Article 57 of the Clean Air Conservation Act. In such cases, the Minister of Environment shall hold a consultation with the head of the relevant central administrative agency.
(2) The owner of a specific diesel motor vehicle shall receive an inspection under Article 43-2 of the Motor Vehicle Management Act to determine whether exhaust emissions emitted from the motor vehicle are in compliance with the permissible emission levels for specific diesel motor vehicles under paragraph (1).
(3) The owner of a specific diesel motor vehicle shall install an exhaust emission reduction device referred to in Article 58 of the Clean Air Conservation Act to the motor vehicle or retrofit or replace the engine with a low-emission engine, so that exhaust emissions emitted from the relevant motor vehicle are maintained in compliance with the permissible emission levels for specific diesel motor vehicles under paragraph (1): Provided, That upon receipt of an order to install an exhaust emission reduction device to the motor vehicle, or retrofit or replace the engine with a low-emission engine, as prescribed by ordinance of a City/Do or a Si/Gun under Article 58 (1) of the Clean Air Conservation Act, the owner of the specific diesel motor vehicle shall implement such order, irrespective of the compliance with the permissible emission levels. <Amended on May 26, 2020>
(4) A specific diesel motor vehicle installed with an exhaust emission reduction device or whose engine has been retrofitted or replaced with a low-emission engine under paragraph (3) may be exempt from an inspection of such exhaust emission reduction device or low-emission engine referred to in Article 58 of the Clean Air Conservation Act in accordance with paragraph (2), during the period prescribed by Ordinance of the Ministry of Environment (hereinafter referred to as "warranty period"), as prescribed by Ordinance of the Ministry of Environment: Provided, That where the performance of an exhaust emission reduction device is verified by any measuring equipment installed to the exhaust emission reduction device or a comprehensive computer system for exhaust emissions from motor vehicles under Article 54 of the Clean Air Conservation Act, the inspection under paragraph (2) may be exempt.
(5) Where any of the following persons installs an exhaust emission reduction device under paragraph (3), or retrofits or replaces the engine with a low-emission engine, the Minister of Environment, a Mayor/Do Governor, or the head of a Si/Gun may subsidize the expenses incurred therein:
1. The owner of a specific diesel motor vehicle;
2. The owner of a motor vehicle, which is operated in an air control zone for a period longer than the period prescribed by Presidential Decree, and whose type is a specific diesel motor vehicle, among diesel motor vehicles for business use registered with a local government having jurisdiction over regions other than an air control zone.
(6) Matters necessary for inspection methods, procedures, etc. under paragraph (2) shall be prescribed by Ordinance of the Ministry of Environment.
(7) The owner of a specific diesel motor vehicle installed with an exhaust emission reduction device or whose engine has been retrofitted or replaced with a low-emission engine under paragraph (3) shall comply with matters prescribed by Ordinance of the Ministry of Environment to maintain the performance of an exhaust emission reduction device, so as to ensure that the performance of such device or engine is maintained to meet the reduction efficiency under Article 60 of the Clean Air Conservation Act.
(8) A Mayor/Do Governor and the head of a Si/Gun may issue a corrective order that requires the owner of a specific diesel motor vehicle installed with an exhaust emission reduction device or whose engine has been retrofitted or replaced with a low-emission engine to maintain the performance of such exhaust emission reduction device or low-emission engine, where he or she fails to comply with the provisions under paragraph (7).
 Article 27 (Subsidization for Replacement of Diesel Motor Vehicles)
Where a diesel motor vehicle, whose warranty period of exhaust emissions under Article 46 (3) of the Clean Air Conservation Act expires, is replaced by a low-emission motor vehicle, the Minister of Environment and a Mayor/Do Governor may subsidize the expenses incurred therein. <Amended on May 26, 2020>
 Article 28 (Limited Use of Diesel Motor Vehicles as Motor Vehicles for Special Purposes)
No diesel motor vehicle shall be used for the following purposes, so as to prevent any risks caused by air pollutants to children's health and to protect the health of residents in their daily lives:
1. School buses for children defined in subparagraph 23 of Article 2 of the Road Traffic Act;
2. Motor vehicles used for transport services that include the collection, sorting and delivery of cargo, among trucking transport services defined in subparagraph 3 of Article 2 of the Trucking Transport Business Act;
3. Motor vehicles used for passenger transport platform business defined in Article 49 (2) of the Passenger Transport Service Act.
[This Article Wholly Amended on Apr. 1, 2021]
[Enforcement Date: Apr. 8, 2021] Subparagraph 3 of Article 28
[Enforcement Date: Apr. 3, 2023] Subparagraphs 1 and 2 of Article 28
 Article 28-2 (Special Cases concerning Limited Use of Diesel Motor Vehicles as Vehicles for Special Purposes)
Notwithstanding subparagraph 3 of Article 28, no diesel motor vehicle may be used in any of the following cases:
1. A person holding a taxi transportation business license under Article 4 (1) of the Passenger Transport Service Act and Article 2 of the Act on the Development of Taxi Transportation Business intends to use his or her diesel motor vehicle, which has been in operation for taxi transportation business, for passenger transport platform business under Article 49-2 of the Passenger Transport Service Act before April 8, 2021;
2. A person granted special regulatory treatment for demonstration under Article 38-2 (3) of the Special Act on Promotion of Information and Communications Technology and Vitalization of Convergence Thereof intends to use a diesel motor vehicle, which has been in operation to sell, use or provide the relevant technology and service, for passenger transport platform business under Article 49-2 of the Passenger Transport Service Act before April 8, 2021.
[This Article Newly Inserted on Apr. 1, 2021]
 Article 29 (Limited Operation of Diesel Motor Vehicles)
A Mayor/Do Governor or the head of a Si/Gun may limit the operation of any of the following diesel motor vehicles in regions deemed necessary for the improvement of air quality. In such cases, the scope of motor vehicles with limited operation, affected regions, and the imposition of administrative fines for noncompliance shall be prescribed by ordinance of a City/Do or a Si/Gun:
1. Specific diesel motor vehicles that exceed permissible emission levels for in-use motor vehicles under Article 26 (1);
2. Specific diesel motor vehicles not installed with an exhaust emission reduction device or whose engine has not been retrofitted or replaced with a low-emission engine pursuant to Article 26 (3);
3. Motor vehicles whose warranty period of exhaust emissions under Article 46 (3) of the Clean Air Conservation Act expires, which are not installed with an exhaust emission reduction device or whose engine has not been retrofitted or replaced with a low-emission engine, among diesel motor vehicles for business purposes referred to in Article 26 (5) 2.
 Article 30 (Disclosure of Information regarding Motor Vehicles and Fuels Thereof)
The Minister of Environment shall publicly notify the following matters regarding motor vehicles and their fuels sold in a local government that has any air control zone under its jurisdiction, as prescribed by Presidential Decree:
1. Classes of emissions of air pollutants from motor vehicles;
2. Classes of fuels determined by components of motor vehicle fuels, effects on air pollution, etc.
CHAPTER V CONTROL OF EXHAUST EMISSIONS FROM CONSTRUCTION MACHINERY AND SHIPS
 Article 31 (Management of Specific Construction Machinery)
(1) A Mayor/Do Governor and the head of a Si/Gun shall formulate and implement a plan to convert specific construction machinery and specific diesel motor vehicles among motor vehicles under subparagraph 13 (b) of Article 2 of the Clean Air Conservation Act into low-emission machinery and vehicles;
(2) Where an administrative agency or a public institution prescribed by Presidential Decree awards or executes a contract for civil engineering or construction works not smaller than the size prescribed by Ordinance of the Ministry of Environment in an air control zone, any of the following construction machinery or motor vehicles shall be used or caused to be used:
1. Construction machinery which is not specific construction machinery;
2. Specific construction machinery installed with an exhaust emission reduction device or whose engine is retrofitted or replaced with a low-emission engine;
3. A motor vehicle which is not a specific diesel motor vehicle;
4. A specific diesel motor vehicle installed with an exhaust emission reduction device or whose engine is retrofitted or replaced with a low-emission engine;
 Article 32 (Control of Air Pollution Sources Including Ports and Ships)
The Minister of Environment may request the Minister of Oceans and Fisheries to establish and take countermeasures to reduce air pollutants emitted from a port defined in subparagraph 1 of Article 2 of the Harbor Act, which is located within an air control zone, and a ship defined in subparagraph 16 of Article 2 of the Marine Environment Management Act. In such cases, the Minister of Oceans and Fisheries shall comply therewith, unless there is a compelling reason not to do so.
 Article 33 (Formulation of Plans to Improve Air Quality of Airports)
(1) An airport operator, defined in subparagraph 34 of Article 2 of the Aviation Business Act, working in an airport located in an air control zone shall formulate an air quality improvement plan and obtain approval of the plan from a Mayor/Do Governor as prescribed by the Minister of Environment, in order to control exhaust gas emitted from equipment referred to in Article 44 (2) 2 of the same Act, construction machinery referred to in Article 2 (1) 1 of the Construction Machinery Management Act and internal combustion engines of motor vehicles under subparagraph 1 of Article 2 of the Motor Vehicle Management Act. Where modifications to the plan are required, approval thereof from a Mayor/Do Governor shall be obtained.
(2) An airport operator under paragraph (1) shall file a report on the outcomes of implementing an air quality improvement plan referred to in paragraph (1) as prescribed by the Minister of Environment.
(3) Where a Mayor/Do Governor formulates an action plan under Article 10, he or she shall reflect an airport's air quality improvement plan and the outcomes of implementing such plan referred to in paragraphs (1) and (2).
(4) The Minister of Environment, the Minister of Land, Infrastructure and Transport, and a Mayor/Do Governor may provide the financial resources necessary for implementing the air quality improvement plan under paragraph (1).
 Article 34 (Regulation of Small Emission Sources)
Where deemed necessary for reducing air pollution caused by pollutants which are emitted from small emission sources in everyday life, a Mayor/Do Governor may issue an order to restrict the activities prescribed by Presidential Decree and to install prevention facilities as prescribed by ordinance of the City/Do.
 Article 35 (Standards for Certifying Domestic Boilers)
(1) A person who intends to manufacture, supply or sell domestic boilers in an air control zone shall obtain certification from the Minister of Environment to prove that pollutants emitted from the boilers meet the standards prescribed by Ordinance of the Ministry of Environment.
(2) Matters necessary for applying for certification, standards and methods for certification, etc. under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment.
(3) A Mayor/Do Governor may prohibit or restrict the manufacture, sale and use of domestic boilers prescribed by Ordinance of the Ministry of Environment or issue an order to take other necessary measures to prevent air pollution.
(4) The Minister of Environment may revoke the certification in any of the following cases:
1. Where the certification has been obtained by fraud or other improper means;
2. Where the results of an inspection under Article 36 indicate that the standards for certification are not met.
 Article 36 (Inspection of Domestic Boilers)
(1) The Minister of Environment may conduct an inspection of boilers that have been certified pursuant to Article 35 (1) to see whether the boilers meet the standards for certification before they are installed.
(2) The objects, methods, etc. of an inspection under paragraph (1) shall be prescribed and publicly notified by the Minister of Environment.
CHAPTER VI SECURING AND MANAGEMENT OF FINANCIAL RESOURCES
 Article 37 (Establishment of Special Accounts for Improvement of Air Quality in Air Control Zone)
A special account for the improvement of air quality (hereinafter referred to as "special account") may be established in a City/Do that has jurisdiction over an air control zone to secure the expenses incurred in connection with the implementation of air quality improvement projects, etc. of the air control zone.
 Article 38 (Revenue and Expenditure of Special Accounts)
(1) The revenues in the special accounts shall be as follows:
1. Subsidies from the State;
2. Money transferred from general accounts or other special accounts;
3. Borrowings;
4. Earnings from the operation of the funds specified in subparagraphs 1 through 3.
(2) The expenditure in the special accounts shall be as follows:
1. Support for the installation and operation of prevention facilities under Article 26 of the Clean Air Conservation Act;
2. Subsidization of expenses incurred in the installation of facilities with BACT under Article 15 (3);
3. Subsidization of expenses incurred in the installation and operation of equipment to automatically measure emissions of pollutants subject to total emission control under Article 17 (5);
4. Subsidization of expenses incurred in the distribution of low-emission motor vehicles pursuant to subparagraph 16 of Article 2 of the Clean Air Conservation Act;
5. Subsidization of expenses incurred in the installation of an exhaust emission reduction device and retrofitting into low-emission engines under Article 26 (3);
6. Subsidization of expenses incurred in the early scrapping of rundown vehicles under Article 58 of the Clean Air Conservation Act;
7. Subsidization of facility expenses to conduct regular inspections under Article 62 of the Clean Air Conservation Act and sophisticated inspections under Article 63 of the same Act;
8. Support for projects under subparagraph 11 of Article 6 of the Korea Transportation Safety Authority Act;
9. Support for other projects prescribed by Ordinance of the Ministry of Environment to improve air quality.
 Article 39 (Financial Support to Reduce Air Pollution)
(1) The State may provide financial and technical support to local governments, business entities, etc. that promote the following projects to reduce air pollution in air control zones:
1. Promotion of an action plan;
2. Installation and operation of prevention facilities under Article 26 of the Clean Air Conservation Act;
3. Installation of facilities with BACT under Article 15 (3);
4. Installation and operation of equipment to automatically measure the emissions of pollutants subject to total emission control under Article 17 (5);
5. Distribution of low-emission motor vehicles under subparagraph 16 of Article 2 of the Clean Air Conservation Act;
6. Distribution of exhaust emission reduction devices or low-emission engines under Article 26 (3);
7. Early scrapping of rundown vehicles under Article 58 of the Clean Air Conservation Act;
8. Air quality improvement projects by local governments;
9. Research and development in technologies to reduce air pollution;
10. Subsidization of facility expenses to conduct regular inspections under Article 62 of the Clean Air Conservation Act and sophisticated inspections under Article 63 of the same Act;
11. A project under subparagraph 11 of Article 6 of the Korea Transportation Safety Authority Act;
12. A project to replace domestic boilers that fail to meet the standards under Article 35 (1);
13. Other projects deemed necessary by the Minister of Environment for improving air quality.
(2) Where a Mayor/Do Governor fails to formulate and implement an action plan, the State may suspend or cut financial support under paragraph (1) 1 or take other necessary measures prescribed by Presidential Decree.
CHAPTER VII SUPPLEMENTARY PROVISIONS
 Article 40 (Education on Air Quality Conservation)
The State and local governments shall continuously conduct education and publicity campaigns aimed at the improvement of air quality, to enable residents living in an air control zone to have greater awareness of air pollution, voluntarily participate in efforts to improve air quality, and put them into practice in their daily lives.
 Article 41 (Reporting or Inspection)
(1) In cases prescribed by Ordinance of the Ministry of Environment, the Minister of Environment may order any of the following persons to file a necessary report or submit necessary data, or may require the relevant public officials to collect air pollutants or inspect relevant documents, facilities, equipment, motor vehicles, etc. by accessing the relevant facilities, places of business, etc. to verify whether all obligations under this Act are met:
1. A business entity;
2. A person entrusted with the duties of the Minister of Environment under Article 44 (2).
(2) A public official who enters or conducts an inspection pursuant to paragraph (1) shall carry identification verifying his or her authority and present it to relevant persons.
 Article 42 (Hearings)
The Minister of Environment shall hold a hearing, where the Minister intends to make any of the following dispositions:
1. Revocation of permission pursuant to Article 24 (1);
2. Order for closure pursuant to Article 24 (2);
3. Revocation of certification pursuant to Article 35 (4);
 Article 43 (Fees)
A person who intends to obtain permission or permission for modification pursuant to Article 15 shall pay fees as prescribed by Ordinance of the Ministry of Environment.
 Article 44 (Delegation and Entrustment of Authority)
(1) Part of the authority of the Minister of Environment under this Act may be delegated to a Mayor/Do Governor or to the head of a regional environmental agency in accordance with Presidential Decree.
(2) Part of the duties of the Minister of Environment under this Act may be entrusted to a relevant specialized institution in accordance with Presidential Decree.
CHAPTER VIII PENALTY PROVISIONS
 Article 45 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for up to seven years or by a fine not exceeding 200 million won:
1. A person who establishes or modifies a place of business without obtaining permission or permission for modification under Article 15 (1);
2. A person who violates an order to close a place of business under Article 24 (2).
 Article 46 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for up to three years or by a fine not exceeding 50 million won:
1. A person who fails to install the equipment under Article 17 (5) or fails to submit the results of calculating emissions under paragraph (6) of the same Article;
2. A person who manipulates the equipment under Article 17 (5) or prepares and submits false calculation results.
 Article 47 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for up to one year or by a fine not exceeding 10 million won:
1. A person who fails to file a report under the latter part of Article 15 (4);
2. A person who manufactures, supplies or sells domestic boilers without obtaining certification pursuant to Article 35 (1).
 Article 47 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for up to one year or by a fine not exceeding 10 million won: <Amended on Apr. 1, 2021>
1. A person who fails to file a report under the latter part of Article 15 (6);
2. A person who manufactures, supplies or sells domestic boilers without obtaining certification pursuant to Article 35 (1).
[Enforcement Date: Oct. 2, 2021] Article 47
 Article 48 (Joint Penalty Provisions)
(1) If the representative of a corporation or an agent or employee of, or any other person employed by, the corporation commits any violations described in Article 45 through 47 in conducting the business affairs of the corporation, the corporation shall be punished by a fine prescribed in that Article in addition to punishing the violators accordingly: Provided, That the same shall not apply where the corporation has not been negligent in giving due attention and supervision in connection with the relevant business affairs in order to prevent such violations.
(2) If an agent or employee of, or any other person employed by, an individual commits any violations described in Article 45 through 47 in conducting the business affairs of the individual, the individual shall be punished by a fine prescribed in that Article in addition to punishing the violators accordingly: Provided, That the same shall not apply where the individual has not been negligent in giving due attention and supervision in connection with the relevant business affairs in order to prevent such violations.
 Article 49 (Administrative Fines)
(1) Any of the following persons shall be subject to an administrative fine not exceeding three million won:
1. A person who fails to fulfill his or her obligation to install an exhaust emission reduction device to a motor vehicle or retrofit or replace its engine with a low-emission engine pursuant to Article 26 (3);
2. A person who fails to comply with an order to take measures pursuant to Article 35 (3).
(2) A person who fails to submit or falsely submits a report or data under Article 41 (1) or a person who refuses, obstructs, or evades access, collection or inspections by the relevant public officials shall be punished by an administrative fine not exceeding two million won.
(3) Any of the following persons shall be punished by an administrative fine not exceeding one million won:
1. A person who fails to file a report on modification under Article 15 (2);
2. A person who fails to comply with a corrective order issued by a Mayor/Do Governor or the head of a Si/Gun under Article 26 (8).
(4) Administrative fines pursuant to paragraphs (1) through (3) shall be imposed and collected by the Minister of Environment or a Mayor/Do Governor, as prescribed by Presidential Decree.
ADDENDA <Act No. 16305, Apr. 2, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That Article 28 shall enter into force four years after the date of its promulgation.
Article 2 (Repeal of Other Statutes)
Article 3 (Applicability to Limited Use of Diesel Motor Vehicles as Motor Vehicles for Special Purposes)
Article 28 shall begin to apply to the first of any of the following cases after the same provisions enter into force:
1. Where a person intends to file a report on the operation of a school bus for children pursuant to Article 52 of the Road Traffic Act;
2. Where a person intends to obtain a license to provide children passenger transport services pursuant to Article 4 (3) of the Passenger Transport Service Act or a person who has already obtained a license to provide children passenger transport services pursuant to the previous provisions intends to expand the number of his or her vehicles or replace his or her vehicle with another (referring to the replacement of a vehicle, etc. which exceeds the useful life or mileage limits with another vehicle);
3. Where a person intends to obtain permission to provide trucking transport services that include the collection, sorting and delivery of cargo pursuant to Article 3 (1) of the Trucking Transport Business Act or a person who has obtained permission to provide trucking transport services pursuant to the previous provisions intends to expand the number of his or her vehicles or replace his or her vehicle with another;
4. Where a person intends to obtain permission to engage in franchise trucking business pursuant to Article 29 (1) of the Trucking Transport Business Act so as to provide trucking transport services that include the collection, sorting and delivery of cargo or a person who has already obtained permission to engage in franchise trucking business pursuant to the previous provisions intends to expand the number of his or her vehicles or replace his or her vehicle with another to provide trucking transport services that include the collection, sorting and delivery of cargo.
Article 4 (Applicability to Use of Specific Construction Machinery)
Article 31 (2) shall begin to apply to the first civil engineering or construction works awarded after this Act enters into force.
Article 5 (General Transitional Measures)
Any disposition, procedure, or other activity undertaken pursuant to the provisions of the previous Special Act on the Improvement of Air Quality in Seoul Metropolitan Area as at the time this Act enters into force shall be deemed to have been undertaken pursuant to the corresponding provisions of this Act.
Article 6 (Transitional Measures concerning Master Plan and Action Plan)
A master plan for metropolitan air quality control formulated under Article 8 of the previous Special Act on the Improvement of Air Quality in Seoul Metropolitan Area and an action plan formulated under Article 9 of the same Act as at the time this Act enters into force shall be deemed a master plan and an action plan formulated under this Act, respectively.
Article 7 (Transitional Measures concerning Permission for Establishing Places of business and Allocation of Total Emission Allowances)
(1) A place of business whose establishment is permitted under Article 14 of the previous Special Act on the Improvement of Air Quality in Seoul Metropolitan Area as at the time this Act enters into force shall be deemed a place of business permitted under Article 15 of this Act.
(2) A place of business to which total emission allowances are allocated pursuant to Article 16 of the previous Special Act on the Improvement of Air Quality in Seoul Metropolitan Area as at the time this Act enters into force shall be deemed a place of business to which total emission allowances are allocated pursuant to Article 17 of this Act.
Article 8 (Transitional Measures concerning Application of Penalty Surcharges and Penalty Provisions)
The previous Special Act on the Improvement of Air Quality in Seoul Metropolitan Area shall apply to the imposition and collection of penalty surcharges and the application of penalty provisions and administrative fines for any violation committed before this Act enters into force.
Article 9 (Transitional Measures concerning Affixing of Low-Emission Motor Vehicle Labels)
Where a low-emission motor vehicle referred to in Article 28 (1) of the Special Act on the Improvement of Air Quality in Seoul Metropolitan Area (excluding diesel motor vehicles) or a motor vehicle installed with an exhaust emission reduction device or whose engine has been retrofitted or replaced with a low-emission engine is affixed with a label that can be identifiable from the outside of the motor vehicle, before this Act enters into force, the label under Article 58 (11) of the Clean Air Conservation Act shall be deemed to be affixed.
Article 10 Omitted.
ADDENDA <Act No. 17091, Mar. 24, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 17326, May 26, 2020>
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Act No. 17983, Apr. 1, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of subparagraph 3 of Article 28 and Article 28-2 of the Special Act on the Improvement of Air Quality in Air Control Zones (Act No. 16305) shall enter into force on April 8, 2021, and the amended provisions of subparagraphs 1 and 2 of Article 28 of the Special Act on the Improvement of Air Quality in Air Control Zones (Act No. 16305) shall enter into force on April 3, 2023.
Article 2 (Applicability to Report on Modifications in Establishment of Places of Business)
The amended provisions of Article 15 (4) and (5) shall begin to apply where a report on the modification of a place of business is filed after this Act enters into force.
Article 3 (Applicability to Limited Use of Diesel Motor Vehicles as Motor Vehicles for Special Purposes)
(1) The amended provisions of subparagraphs 1 and 2 of Article 28 of the Special Act on the Improvement of Air Quality in Air Control Zones (Act No. 16305) shall begin to apply to any of the following cases after the same amended provisions enter into force:
1. Where a person intends to file a report on the operation of a school bus for children pursuant to Article 52 of the Road Traffic Act;
2. Where a person intends to obtain a license to provide children passenger transport services pursuant to Article 4 (3) of the Passenger Transport Service Act or a person who has already obtained a license to provide children passenger transport services pursuant to the previous provisions intends to expand the number of his or her vehicles or replace his or her vehicle with another (referring to the replacement of a vehicle, etc. which exceeds the useful life or mileage limits with another vehicle);
3. Where a person intends to obtain permission to provide trucking transport services that include the collection, sorting and delivery of cargo pursuant to Article 3 (1) of the Trucking Transport Business Act or a person who has already obtained permission to provide trucking transport services pursuant to the previous provisions intends to expand the number of his or her vehicles or replace his or her vehicle with another;
4. Where a person intends to obtain permission to engage in franchise trucking business pursuant to Article 29 (1) of the Trucking Transport Business Act so as to provide trucking transport services that include the collection, sorting and delivery of cargo or a person who has already obtained permission to engage in franchise trucking business pursuant to the previous provisions intends to expand the number of his or her vehicles or replace his or her vehicle with another to provide trucking transport services that include the collection, sorting and delivery of cargo.
(2) The amended provisions of subparagraph 3 of Article 28 of the Special Act on the Improvement of Air Quality in Air Control Zones (Act No. 16305) shall begin to apply to any of the following cases, after the amended provisions enter into force:
1. Where a person intends to obtain permission to operate a passenger platform transport business pursuant to Article 49-3 of the Passenger Transport Service Act;
2. Where a person intends to obtain a license to operate a passenger platform transport franchise pursuant to Article 49-10 of the Passenger Transport Service Act;
3. Where a person intends to register a passenger platform transport brokerage business pursuant to Article 49-18 of the Passenger Transport Service Act.