ENFORCEMENT DECREE OF THE ACT ON PROMOTION OF DEVELOPMENT AND DISTRIBUTION OF ENVIRONMENT-FRIENDLY MOTOR VEHICLES
Presidential Decree No. 18795, Apr. 22, 2005
Amended by Presidential Decree No. 19513, jun. 12, 2006
Presidential Decree No. 20678, Feb. 29, 2008
Presidential Decree No. 20977, Aug. 26, 2008
Presidential Decree No. 21087, Oct. 20, 2008
Presidential Decree No. 24442, Mar. 23, 2013
Presidential Decree No. 26439, Jul. 24, 2015
Presidential Decree No. 27295, jun. 30, 2016
Presidential Decree No. 28546, Dec. 29, 2017
Presidential Decree No. 29173, Sep. 18, 2018
Presidential Decree No. 29395, Dec. 18, 2018
Presidential Decree No. 29657, Mar. 26, 2019
Presidential Decree No. 30313, Dec. 31, 2019
Presidential Decree No. 31667, May 4, 2021
Presidential Decree No. 32361, Jan. 25, 2022
| Article 2 (Types of Motor Vehicles) |
| Article 3 (Scope of Enterprises Related to Environment-Friendly Motor Vehicles) |
"Enterprises satisfying other criteria prescribed by Presidential Decree" in subparagraph 10 (c) of Article 2 of the Act means the following: | 2. | An enterprise which recycles parts of environment-friendly motor vehicles; |
| 3. | An enterprise which conducts the business of leasing equipment with regard to the hydrogen fuel cells and traction batteries of environment-friendly motor vehicles; |
| 4. | An enterprise which concludes a contract for leasing equipment with an enterprise prescribed in subparagraph 3; |
[This Article Newly Inserted on Jan. 25, 2022]
| Article 4 Deleted. <Oct. 20, 2008> |
| Article 5 Deleted. <Oct. 20, 2008> |
| Article 6 Deleted. <Oct. 20, 2008> |
| Article 7 Deleted. <Oct. 20, 2008> |
| Article 8 Deleted. <Oct. 20, 2008> |
| Article 9 (Procedures for Formulation and Modification of Master Plans) |
| (1) | Where the Minister of Trade, Industry and Energy intends to hear opinions from the heads of relevant central administrative agencies, such as the Minister of Environment, and the Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-Governing City Mayors, Do Governors, or Special Self-Governing Province Governors (hereinafter referred to as the "Mayor/Do Governor") on a master plan for the promotion of development and distribution of environment-friendly motor vehicles (hereinafter referred to as "master plan") under the former part of Article 3 (1) of the Act, pursuant to the latter part of that paragraph, he or she shall notify the heads of relevant central administrative agencies, such as the Minister of Environment, and Mayors/Do Governors, of data relating to a schedule for the formulation of a master plan and details of such plan and shall request them to submit their opinions on the plan. In such cases, the heads of the relevant central administrative agencies, such as the Minister of Environment, and the Mayor/Do Governor shall submit their opinions on the master plan to the Minister of Trade, Industry and Energy in writing within two months from the date they are requested to do so. <Amended on Feb. 29, 2008; Oct. 20, 2008; Mar. 23, 2013; Sep. 18, 2018; Jan. 25, 2022> |
| (2) | Where a master plan is finalized pursuant to the main clause of Article 3 (3) of the Act, the Minister of Trade, Industry and Energy shall notify the heads of relevant central administrative agencies, such as the Minister of Environment, and the Mayor/Do Governor, of the finalized master plan. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | Paragraphs (1) and (2) shall apply mutatis mutandis where a master plan is modified pursuant to Article 3 (4) and (5) of the Act. In such cases, "on a master plan" shall be deemed "on the modification of a master plan," "formulation schedule" shall be deemed "modification schedule," and "where a master plan is finalized" shall be deemed "where the modification of a master plan is finalized". |
| Article 10 (Minor Modifications to Master Plans) |
"Where insignificant matters prescribed by Presidential Decree are to be revised" in the proviso of Article 3 (3) of the Act means any of the following cases: <Amended on Feb. 29, 2008; Mar. 23, 2013> | 1. | Where a modification is made to increase or reduce, by up to 10/100, subsidies based on the policies included in a master plan, such as a policy on technology development support for, and a policy on projects to form a foundation for technology of, environment-friendly motor vehicles and a policy on promotion of distribution of such vehicles; |
| 2. | Where a modification is made to other matters determined and publicly notified by the Minister of Trade, Industry and Energy, which do not have an effect on the basic direction of the master plan. |
| Article 11 (Procedures for Formulation of Implementation Plans for Development of Environment-Friendly Motor Vehicles) |
| (1) | The Minister of Trade, Industry and Energy shall formulate an implementation plan for the development of environment-friendly motor vehicles (hereinafter referred to as "implementation plan for development") under Article 4 of the Act before the date of commencement of each fiscal year. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | Article 9 (1) and (2) shall apply mutatis mutandis to cases falling under paragraph (1). In such cases, a "master plan" shall be deemed an "implementation plan for development", and the "heads of relevant central administrative agencies, such as the Minister of Environment" shall be deemed the "heads of relevant central administrative agencies". |
| Article 12 (Matters to Be Added in Technology Development Field in Implementation Plans for Development) |
"Other matters necessary for technology development" in Article 4 (2) 5 of the Act means the following: <Amended on Feb. 29, 2008; Mar. 23, 2013> | 1. | Matters concerning a plan for the dissemination of technology development outcomes; |
| 2. | Other matters the Minister of Trade, Industry and Energy deems necessary for the technology development of environment-friendly motor vehicles. |
| Article 13 (Procedures for Formulation of Implementation Plans for Distribution of Environment-Friendly Motor Vehicles) |
| (1) | The Minister of Environment shall formulate and publicly notify an implementation plan for the distribution of environment-friendly motor vehicles (hereinafter referred to as "implementation plan for distribution") under Article 5 of the Act, before the date of commencement of each fiscal year. |
| (2) | The Minister of Environment may request the heads of relevant central administrative agencies and the Mayor/Do Governor to submit their opinions on an implementation plan for distribution. In such cases, the heads of relevant central administrative agencies and the Mayor/Do Governor shall submit their opinions on an implementation plan for distribution to the Minister of Environment in writing within two months from the date they are requested to do so. |
| Article 14 (Procedures for Formulation of Policies on Acceleration of Distribution and Details Thereof) |
| (1) | The Mayor/Do Governor shall formulate a policy on acceleration of the distribution of environment-friendly motor vehicles (hereinafter referred to as "policy on the acceleration of distribution") under Article 5 (3) of the Act and shall submit such policy to the Minister of Environment within three months after an implementation plan for distribution is publicly notified. |
| (2) | A policy on the acceleration of distribution shall include the following: |
| 1. | An environment-friendly motor vehicle purchase plan and the results of the purchase thereof; |
| 2. | A plan for the establishment of infrastructure necessary for the distribution of power sources for environment-friendly motor vehicles, such as facilities that supply hydrogen fuel under Article 17; |
| 3. | A plan to raise funds and a plan to provide financial support, for the implementation of matters referred to in subparagraphs 1 and 2; |
| 4. | Other matters the Minister of Environment deems necessary for the distribution of environment-friendly motor vehicles and publicly notifies. |
| Article 15 (Policies on Technology Development Support) |
| (1) | Where the Minister of Trade, Industry and Energy formulates a support policy (hereinafter referred to as "technology development support policy") under Article 6 (1) of the Act, he or she shall publicly announce the policy. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | The Minister of Trade, Industry and Energy shall prescribe and publicly notify the operational regulations concerning technology development support policies. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 16 (Plans for Implementation of Projects to Form Foundation for Technology) |
| (1) | Where the Minister of Trade, Industry and Energy formulates a plan to implement projects to form a foundation for technology (hereinafter referred to as "plan for the implementation of projects to form a foundation for technology") under Article 7 of the Act, he or she shall publicly announce such plan. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | The Minister of Trade, Industry and Energy shall prescribe and publicly notify the operational regulations concerning projects to form a foundation for technology under Article 7 of the Act. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | "Projects prescribed by Presidential Decree" in subparagraph 5 of Article 7 of the Act means the following: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 25, 2022> |
| 1. | A project to form a foundation for the promotion of regional industries concerning environment-friendly motor vehicles; |
| 2. | A project to develop parts and materials concerning environment-friendly motor vehicles; |
| 3. | A new technology venture incubation project related to environment-friendly motor vehicles; |
| 4. | Other projects the Minister of Trade, Industry and Energy deems necessary to form a foundation for technology concerning environment-friendly motor vehicles. |
| Article 17 (Details of Support to Hydrogen Fuel Producers) |
| (1) | The heads of relevant central administrative agencies, the Mayor/Do Governor, or the heads of Sis/Guns/Gus (the heads of Gus refer to the heads of autonomous Gus; hereinafter the same shall apply) may provide the following support to those (hereinafter referred to as "hydrogen fuel producers, etc.") who intend to produce, supply, or sell hydrogen that is the fuel (hereinafter referred to as "hydrogen fuel") for hydrogen electric vehicles, or to those who intend to construct a hydrogen fuel-supply facility, pursuant to Article 8 (1) of the Act: <Amended on Feb. 29, 2008; Mar. 23, 2013; Sep. 18, 2018; Mar. 26, 2019; Dec. 31, 2019> |
| 1. | Financial support for the adjustment of the selling price of hydrogen fuel; |
| 2. | Making or arranging loans to help cover expenses of constructing a hydrogen-fuel supply facility; |
| 3. | Providing or helping provide a site for constructing a hydrogen-fuel supply facility; |
| 4. | Financial support for the development of hydrogen fuel production technology, such as improvements in the production process of hydrogen fuel; |
| 5. | Other matters necessary for providing support to hydrogen fuel producers, etc. that are jointly determined and publicly notified by the Minister of Trade, Industry and Energy and the Minister of Environment. |
| (2) | Where a person who produces, supplies, or sells hydrogen fuel intends to receive support under paragraph (1) 1, he or she shall submit an application for support to the head of the relevant central administrative agency, the relevant Mayor/Do Governor, or the head of the relevant Si/Gun/Gu, along with documents showing the selling price of hydrogen fuel. <Amended on Sep. 18, 2018; Dec. 31, 2019> |
| (3) | Where a person who intends to construct a hydrogen-fuel supply facility intends to receive support under paragraph (1) 2, he or she shall submit an application for support to the Minister of Environment, along with a business plan specifying the amount of funds necessary for constructing a hydrogen fueling station and grounds for the calculation thereof. <Amended on Sep. 18, 2018> |
| (4) | Except as provided in paragraphs (2) and (3), necessary matters relating to, among other things, the standards for, methods and procedures for, and the amount of, support under paragraph (1) shall be jointly determined and publicly notified by the Minister of Trade, Industry and Energy and the Minister of Environment, after hearing from the heads of relevant central administrative agencies, the relevant Mayor/Do Governor, or the head of the relevant Si/Gun/Gu. <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 31, 2019> |
| Article 17-2 (Detailed Support for Charging Facilities) |
| 1. | Making or arranging loans to help cover the expenses of the following investments: |
| (a) | Purchasing or renting environment-friendly motor vehicles; |
| (b) | Investments in installations related to environment-friendly motor vehicles, merger, merger after divestures, takeover of business, acquisition of shares, or other investments related to environment-friendly motor vehicles (hereafter in this Article referred to as "investments related to environment-friendly motor vehicles"); |
| 2. | Where the following persons are provided with loans necessary for the investments specified in the relevant items, paying part of interest on such loans: |
| (a) | An enterprise prescribed in subparagraph 1, 3, or 4 of Article 3: Purchasing or renting environment-friendly motor vehicles or installing charging facilities for environment-friendly motor vehicles; |
| (b) | An enterprise prescribed in subparagraph 10 (a) of Article 2 of the Act (limited to an enterprise which manufactures and assembles parts of environment-friendly motor vehicles) or an enterprise prescribed in subparagraph 5 of Article 3 of this Decree: Investments related to environment-friendly motor vehicles; |
| (2) | A person who intends to receive support under Article 8-2 (1) of the Act shall submit an application for support to the head of a relevant central administrative agency, a relevant Mayor/Do Governor, or the head of a relevant Si/Gun/Gu, along with a business plan specifying the amount of required funds and grounds for calculating such amount. |
| (3) | Upon receipt of an application for support under paragraph (2), the head of the relevant central administrative agency, the relevant Mayor/Do Governor, or the head of the relevant Si/Gun/Gu shall verify whether the details of a business plan submitted along with the application are in conformity with the relevant master plan. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for standards, methods, procedures, amount with regard to support for enterprises related to environment-friendly motor vehicles shall be determined and publicly notified by the Minister of Trade, Industry and Energy after hearing the opinions of the head of the relevant central administrative agency, the relevant Mayor/Do Governor, or the head of the relevant Si/Gun/Gu. |
[This Article Newly Inserted on Jan. 25, 2022]
| Article 18 (Support to Purchasers of Environment-Friendly Motor Vehicles) |
| (1) | The head of relevant central administrative agencies or Mayors/Do Governors may provide the following support to purchasers of environment-friendly motor vehicles pursuant to Article 10 of the Act: |
| 1. | Wholly or partially subsidizing the difference between the selling price of an environment-friendly motor vehicle and that of a motor vehicle which is not an environment-friendly motor vehicle; |
| 2. | Providing a loan or helping provide a loan for the purchase of an environment-friendly motor vehicle; |
| 3. | Other matters the heads of relevant central administrative agencies or Mayors/Do Governors deem necessary to promote the purchase of environment-friendly motor vehicles and publicly notify. |
| (2) | Details concerning standards for, methods of, procedures for, and the amount of, support under paragraph (1) shall be prescribed and publicly notified by the Minister of Environment, after hearing from the heads of relevant central administrative agencies and Mayors/Do Governors. |
| Article 18-2 (Percentage of Purchase of Environment-Friendly Motor Vehicles) |
| (1) | The head of a public institution under the Act on the Management of Public Institutions (hereinafter referred to as “public institution”) and the head of a local public enterprise under the Local Public Enterprises Act (hereinafter referred to as "local public enterprise") who purchase or rent vehicles (hereinafter referred to as "purchase") for business use shall, pursuant to Article 10-2 (1) of the Act, make sure that vehicles for business use to be purchased or rented (hereinafter referred to as “local public enterprise”) are all environment-friendly motor vehicles. In such cases, at least 80/100 of environment-friendly motor vehicles purchased every year shall be electric vehicles or hydrogen electric vehicles, and vehicles preferentially purchased to be used only for the head of a public institution or the head of a public local enterprise shall be electric vehicles or hydrogen electric vehicles. <Amended on Dec. 29, 2017; Mar. 26, 2019; May 4, 2021> |
| (2) | Notwithstanding paragraph (1), the head of a public institution or local public enterprise need not purchase environment-friendly motor vehicles in consultation with the Minister of Trade, Industry and Energy, in any of the following cases: |
| 1. | Where the total number of the motor vehicles for business use he or she owns, including motor vehicles newly purchased in the relevant year, is not more than five; |
| 3. | Where he or she purchases a motor vehicle for purposes for which it is inappropriate to use an environment-friendly motor vehicle, such as purposes of transporting cargo. |
| (3) | The rule of rounding to decimal places shall apply to the calculation of the number of environment-friendly motor vehicles, environment-friendly motor vehicles that are electric vehicles, and environment-friendly motor vehicles that are hydrogen electric vehicles under paragraph (1). <Amended on Mar. 26, 2019> |
[This Article Newly Inserted on Jun. 30, 2016]
| Article 18-3 (Publication of Violations) |
| (1) | The head of each public institution and each local public enterprise that should purchase environment-friendly motor vehicles pursuant to Article 10-2 (1) of the Act shall submit the results of the purchase of environment-friendly motor vehicles to the Minister of Trade, Industry and Energy, within three months after each fiscal year ends. |
| (2) | The Minister of Trade, Industry and Energy may make public a list of public institutions and local public enterprises that have failed to fulfill their obligations to purchase environment-friendly motor vehicles on the following Internet websites or in the following regular daily newspapers, pursuant to Article 10-2 (2) of the Act: |
[This Article Newly Inserted on Jun. 30, 2016]
| Article 18-4 (Scope of Persons Required to Meet Purchase Targets for Environment-Friendly Motor Vehicles) |
"Persons ... prescribed by Presidential Decree" in the provisions, with the exception of the subparagraphs, of Article 10-3 (1) of the Act means the following: | 2. | A person who engages in car rental business defined in the Passenger Transport Service Act and owns at least 30,000 motor vehicles to be directly used for such business as at the end of the immediately preceding business year; |
| (a) | A person who files for registration of door-to-door delivery service defined in Article 5 (1) of the Last Mile Delivery Service Industry Development Act; |
[This Article Newly Inserted on Jan. 25, 2022]
[Previous Article 18-4 moved to Article 18-5 <Jan. 25, 2022>]
| Article 18-5 (Facilities Required to Be Equipped with Exclusive Parking Areas and Charging Facilities) |
"Facilities prescribed by Presidential Decree" in the provisions, with the exception of the subparagraphs, of Article 11-2 (1) of the Act means the following facilities which are prescribed by ordinance of 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") in consideration of the current status of and a plan for the distribution of environment-friendly motor vehicles, the current status of the operation of such vehicles, road conditions, and other matters, among facilities where the total number of single parking bays under the Parking Lot Act (excluding the number of single parking bays in a mechanical parking lot under that Act; hereinafter referred to as the "total number of spots in a parking lot") is at least 50: <Amended on Jan. 25, 2022> | (a) | Class 1 neighborhood living facilities; |
| (b) | Class 2 neighborhood living facilities; |
| (c) | Cultural and convention facilities; |
| (e) | Transportation facilities; |
| (g) | Education and research facilities; |
| (i) | Commercial facilities; |
| (j) | Accommodation facilities; |
| (k) | Amusement facilities; |
| (l) | Facilities related to motor vehicles; |
| (m) | Broadcasting and communications facilities; |
| (n) | Power generation facilities; |
| (o) | Facilities for tourism and relaxation; |
| (a) | An apartment building consisting of at least 100 units; |
[This Article Newly Inserted on Jun. 30, 2016]
[Title Amended on Jan. 25, 2022]
[Moved from Article 18-4; previous Article 18-5 moved to Article 18-7 <Jan. 25, 2022>]
| Article 18-6 (Standards for Installing Exclusive Parking Areas) |
| (1) | The number of exclusive parking areas for environment-friendly motor vehicles to be installed under Article 11-2 (1) of the Act (hereinafter referred to as "exclusive parking areas") shall be prescribed by municipal ordinance of a City/Do within at least 5/100 of the total number of spots in a parking lot at the relevant facility: Provided, That among facilities for which construction permission was granted before January 28, 2022 (hereinafter referred to as "facilities already constructed"), the number of exclusive parking areas for environment-friendly motor vehicles at a facility already constructed, other than that owned and managed by the following persons (hereinafter referred to as "public facility already constructed"), shall be prescribed by municipal ordinance of a City/Do within at least 2/100 of the total number of spots in a parking lot at the relevant facility: |
| 1. | The State, a local government, or a local public enterprise; |
| 2. | A person prescribed in the subparagraphs of Article 18-9 (1). |
| (2) | Notwithstanding paragraph (1), an exclusive parking area need not be installed in any of the following cases: |
| 2. | Other cases meeting the standards prescribed by municipal ordinance of a City/Do, where the head of a Si/Gun/Gu deems it impossible or highly impracticable to install an exclusive parking area. |
| (3) | The number of exclusive parking areas shall be rounded off to the nearest whole number when calculating such number under paragraph (1). |
[This Article Newly Inserted on Jan. 25, 2022]
[Previous Article 18-6 moved to Article 18-8 <Jan. 25, 2022>]
| Article 18-7 (Types and Number of Charging Facilities) |
| (1) | Charging facilities for environment-friendly motor vehicles under Article 11-2 (1) and (2) of the Act shall be facilities that charge traction batteries used to power electric vehicles or external rechargeable hybrid vehicles (referring to hybrid vehicles operable with electric energy charged from any external power source; hereinafter the same shall apply) by supplying electric current through a cable connected to a charger and that have structures and functions meeting the standards determined and publicly notified by the Minister of Trade, Industry and Energy, and the types of such charging facilities shall be as follows: |
| 1. | A fast-charging facility: A facility that has a charger with a maximum output of at least 40 kilowatts; |
| 2. | A slow-charging facility: A facility that has a charger with a maximum output of less than 40 kilowatts. |
| (2) | The number of charging facilities for environment-friendly motor vehicles that have to be installed under Article 11-2 (2) of the Act shall be prescribed by municipal ordinance of a City/Do within at least 5/100 of the total number of spots in a parking lot at the relevant facility: Provided, That the number of charging facilities for environment-friendly motor vehicles at a facility already constructed shall be prescribed by municipal ordinance of a City/Do within at least 2/100 of the total number of spots in a parking lot at the relevant facility. |
| (3) | Notwithstanding paragraph (2), where an exclusive parking area is not installed under Article 18-6 (2), charging facilities for environment-friendly motor vehicles need not be installed. |
| (4) | The number of charging facilities for environment-friendly motor vehicles shall be rounded off to the nearest whole number when calculating such number under paragraph (2). |
| (5) | Detailed matters regarding the installation of charging facilities, such as types of charging facilities for environment-friendly motor vehicles to be installed under paragraph (2) shall be prescribed by municipal ordinance of a City/Do in consideration of the current status of and a plan for the distribution of electric vehicles and external rechargeable hybrid vehicles, the current status of the operation of such vehicles, road conditions, and other matters. |
| (6) | "Adjacent area prescribed by Presidential Decree" in Article 11-2 (3) of the Act means an area within five kilometers of boundary of an innovation city defined in the Special Act on the Construction and Development of Innovation Cities. |
| (7) | A hydrogen filling station to be installed under Article 11-2 (3) of the Act shall be a facility that can produce at least 25 kilograms of hydrogen per hour for hydrogen electric vehicles. |
[This Article Wholly Amended on Jan. 25, 2022]
[Moved from Article 18-5; previous Article 18-7 moved to Article 18-10 <Jan. 25, 2022>]
| Article 18-8 (Standards for Activities That Interfere with Charging Environment-Friendly Motor Vehicles) |
| (1) | The standards for activities that interfere with charging under the latter part of Article 11-2 (9) of the Act shall be as follows: <Amended on May 4, 2021; Jan. 25, 2022> |
| 1. | Interfering with charging by piling up goods, etc. in a charging area of a facility for charging environment-friendly motor vehicles (hereinafter referred to as "charging area") or by piling up goods, etc. or parking a vehicle at the front, back or any side of a charging area; |
| 2. | Interfering with charging by piling up goods, etc. or parking a vehicle around a facility for charging environment-friendly motor vehicles; |
| 3. | Interfering with charging by piling up goods, etc. or parking a vehicle on the access way to a charging area; |
| 4. | Removing or damaging division lines indicating a charging area under paragraph (2); |
| 5. | Intentionally destroying a facility for charging environment-friendly motor vehicles; |
| 6. | Continuing to park an electric vehicle or external rechargeable electric vehicle within a charging area at a fast-charging facility prescribed in Article 18-7 (1) 1 even after a period of up to two hours determined and publicly notified by the Minister of Trade, Industry and Energy elapses; |
| 7. | Continuing to park an electric vehicle or external rechargeable electric vehicle within a charging area at a slow-charging facility prescribed in Article 18-7 (1) 2 (excluding a slow-charging facility installed in a detached house or multi-family housing publicly notified in consideration of the size of such house or housing, parking conditions, and other matters) even after a period of up to 14 hours determined and publicly notified by the Minister of Trade, Energy and Industry elapses; |
| 8. | Using charging facilities for environment-friendly motor vehicles for purposes other than for charging electric vehicles or external rechargeable hybrid vehicles. |
| (2) | Mayors/Do Governors shall indicate charging areas with the division lines, letters, etc. determined and publicly notified by the Minister of Trade, Industry and Energy. |
[This Article Newly Inserted on Sep. 18, 2018]
[Moved from Article 18-6 <Jan. 25, 2022>]
| Article 18-9 (Opening to the Public of Charging Facilities for Environment-Friendly Motor Vehicles) |
| (2) | A person who is required to open to the public a charging facility for environment-friendly motor vehicles under Article 11-2 (11) of the Act need not open to the public all or part of such facility where a facility at which the charging facility is established falls under any of the following: |
| 2. | Where it is a facility owned by a person other than the relevant agency or where it is jointly operated with a person other than the relevant agency and where the head of the competent Si/Gun/Gu deems it impracticable to open the charging facility to the public; |
| 3. | Where it is inappropriate for the general public to access the charging facility due to security, safety management, the performance of duties, or any other reason and where the head of the competent Si/Gun/Gu deems it unreasonable to open the facility to the public. |
| (3) | A person who opens a charging facility to the public under Article 11-2 (11) of the Act shall affix a sign indicating such fact at a place noticeable outside. |
| (4) | A person who opens a charging facility to the public under Article 11-2 (11) of the Act shall disclose information through information and communications networks, such as the location of a charging facility to be opened, hours of opening, conditions, procedures, methods, and charges regarding the use of such facility, and other matters, and shall notify the head of the competent Si/Gun/Gu of such information. |
| (5) | The head of a Si/Gun/Gu shall integrate and manage the information notified under paragraph (4) and shall disclose such information through information and communications networks. |
[This Article Newly Inserted on Jan. 25, 2022]
| Article 18-10 (Reduction of Rent for State Property) |
| (1) | The reduction rate of rent for state property under Article 11-3 (4) of the Act shall be determined by the head of the central government agency (including a person to whom his or her authority is delegated or entrusted under Article 28 or 42 (1) of the State Property Act; hereinafter the same shall apply) responsible for the relevant state property within a maximum of 80/100 of the rent for the relevant state property. <Amended on Jan. 25, 2022> |
| (2) | A person who intends to have the rent for state property reduced under Article 11-3 (4) of the Act shall file an application for reduction with the head of the central government agency responsible for the relevant state property. |
[This Article Newly Inserted on Mar. 26, 2019]
[Moved from Article 18-7 <Jan. 25, 2022>]
| Article 18-11 (Corrective Orders) |
Where the head of the competent Si/Gun/Gu issues an order to take corrective measures under Article 11-4 (1) of the Act, he or she shall grant a period of up to one year for correction in consideration of a period necessary for the installation, improvement, etc. of charging facilities for environment-friendly motor vehicles and of exclusive parking areas: Provided, That where deemed highly impracticable to take necessary measures during the period of correction due to an act of God, technical difficulties, or any other unavoidable reason, such period may be extended by up to one year only once. [This Article Newly Inserted on Jan. 25, 2022]
| Article 18-12 (Charges for Compelling Compliance) |
| (1) | The types of violations subject to the imposition of charges for compelling compliance under Article 11-5 (1) of the Act and the standards for calculating such charges shall be as follows: |
| 1. | Where an exclusive parking area is not installed or fails to meet the installation standards: The aggregate of the following amounts: |
| (a) | An amount equivalent to 20/100 of expenses deemed ordinarily required to install an exclusive parking area meeting the installation standards; |
| (b) | An amount calculated by multiplying the number of exclusive parking areas that are not installed or fail to meet the installation standards and the period of violation (the period shall be 12 months where it exceeds 12 months) by the minimum amount of the regular monthly parking fee charged at a public parking lot prescribed by municipal ordinance of the relevant City/Do (where no matter is prescribed by municipal ordinance of a City/Do, municipal ordinance of the relevant Si/Gun/Gu shall apply); |
| 2. | Where a charging facility for environment-friendly motor vehicles is not installed or fails to meet the installation standards: An amount equivalent to 20/100 of expenses deemed ordinarily required to install a charging facility meeting the installation standards; |
| 3. | In cases falling under both of subparagraphs 1 and 2: The aggregate of the amounts prescribed in subparagraphs 1 and 2. |
| (2) | The head of a Si/Gun/Gu may increase or mitigate a charge for compelling compliance calculated under paragraph (1) by up to 1/2 in consideration of efforts made to comply with a corrective order, and the degree of, grounds for, and results, etc. of non-compliance with such order: Provided, That an increased amount shall not exceed the maximum amount of a charge for compelling compliance as prescribed in Article 11-5 (1) of the Act. |
| (3) | Standards for calculating expenses ordinarily required to install exclusive parking areas and charging facilities for environment-friendly motor vehicles under paragraph (1), regular monthly parking fees, and the period of violation, and other matters necessary to calculate charges for compelling compliance shall be determined and publicly notified by the Minister of Trade, Industry and Energy. |
[This Article Newly Inserted on Jan. 25, 2022]
| Article 19 (Institutions Conducting Advertising Activities) |
"Organizations, etc. relating to motor vehicles" in Article 12 of the Act means the following institutions: <Amended on Feb. 29, 2008; Aug. 26, 2008; Mar. 23, 2013; Jul. 24, 2015> | 4. | Other organizations related to motor vehicles and clean air conservation that are prescribed and publicly notified by the Minister of Trade, Industry and Energy or the Minister of Environment. |
| Article 20 (Types and Reporting of Entrusted Administrative Affairs) |
| (1) | The head of the relevant central administrative agency or a Mayor/Do Governor may, pursuant to Article 15 of the Act, entrust all or part of the administrative affairs prescribed in the subparagraphs of that Article to the following institutions: <Amended on Jan. 25, 2022> |
| (2) | "Administrative affairs ... , as prescribed by Presidential Decree" in subparagraph 3 of Article 15 of the Act means affairs relating to standards for energy efficiency under subparagraph 2 (a) of Article 2 of the Act. |
| (3) | The heads of relevant central administrative agencies or Mayors/Do Governors may require a relevant specialized agency entrusted with affairs pursuant to Article 15 of the Act to report the result of such affairs conducted. |
| Article 21 (Criteria for Imposition of Administrative Fines) |
[This Article Newly Inserted on Sep. 18, 2018]
ADDENDUM <Presidential Decree No. 18795, Apr. 22, 2005>
This Decree shall enter into force on April 23, 2005.
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 20678, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 20977, Aug. 26, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 28, 2008.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21087, Oct. 20, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That Article 10 shall enter into force on November 1, 2008; Articles 24 through 26 on January 1, 2010; Article 29 on July 1, 2009; and Article 48 on January 1, 2013. Article 2 (Transitional Measures following Amendment to the Decree on Disciplinary Action against Public Officials) | (1) | The First Central Disciplinary Committee and the Second Central Disciplinary Committee under the previous Decree on Disciplinary Action against Public Officials before it was amended as at the time this Decree enters into force, shall be deemed the Central Disciplinary Committee under this Decree. |
| (2) | Written requests for disciplinary action which were received by the First Central Disciplinary Committee and the Second Central Disciplinary Committee pursuant to the previous Decree on Disciplinary Actions against Public Officials before it was amended as at the time this Decree enters into force, shall be deemed received by the Central Disciplinary Committee pursuant to this Decree. |
| (3) | Resolutions passed by the First Central Disciplinary Committee and the Second Central Disciplinary Committee pursuant to the previous Decree on Disciplinary Actions against Public Officials before it was amended as at the time this Decree enters into force, shall be deemed those passed by the Central Disciplinary Committee under this Decree. |
| (4) | The members of the Second Central Disciplinary Committee under the previous Decree on Disciplinary Actions against Public Officials before it was amended as at the time this Decree enters into force, shall be deemed appointed or commissioned as the members of the Central Disciplinary Committee pursuant to this Decree. |
Article 3 (Transitional Measures following Amendment to the Enforcement Decree of the Framework Act on Logistics Policies) Matters conducted by the Minister of Land, Transport and Maritime Affairs following deliberation and resolution of the Logistics Administrators Examination Committee under the previous Enforcement Decree of the Framework Act on Logistics Policies before it was amended as at the time this Decree enters into force, shall be deemed conducted by the Minister of Land, Transport and Maritime Affairs under this Decree. Article 4 Omitted.
ADDENDA <Presidential Decree No. 24442, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted).
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 26439, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 29, 2015.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 27295, Jun. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Special Cases concerning Purchase of Environment-Friendly Motor Vehicles, etc. Which Are Electric Vehicles)
| (1) | Notwithstanding the former part of amended Article 18-2 (1), in the case of 2016, at least 50/100 of motor vehicles purchased from the enforcement date of this Decree to December 31, 2016 shall be environment-friendly motor vehicles. |
| (2) | Notwithstanding the latter part of amended Article 18-2 (2), in the case of 2016, at least 50/100 of environment-friendly motor vehicles that should be purchased pursuant to paragraph (1) may be environment-friendly motor vehicles that are electric vehicles or fuel cell vehicles. |
ADDENDUM <Presidential Decree No. 28546, Dec. 29, 2017>
This Decree shall enter into force on January 1, 2018.
ADDENDUM <Presidential Decree No. 29173, Sep. 18, 2018>
This Decree shall enter into force on September 21, 2018.
ADDENDUM <Presidential Decree No. 29395, Dec. 18, 2018>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 29657, Mar. 26, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 1, 2019.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 30313, Dec. 31, 2019>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 31667, May 4, 2021>
This Decree shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 18-2 (1) shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 32361, Jan. 25, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 28, 2022.
Article 2 (Grace Period in Application of Standards for Installing Exclusive Parking Areas and Charging Facilities to Facilities Already Constructed)
| 1. | A facility falling under subparagraph 1 of Article 18-5: The following relevant periods: |
| (a) | A public facility already constructed: One year; |
| (b) | A facility other than that prescribed in item (a): Two years; |
| 2. | A facility falling under subparagraph 2 of Article 18-5: Three years; |
| 3. | A facility falling under subparagraph 3 of Article 18-5: One year. |
Article 3 (Applicability to Activities that Interfere with Charging Due to Use of Charging Facilities for Other Purposes)
The amended provisions of Article 18-8 (1) 8 shall also apply where charging facilities for environment-friendly motor vehicles begin to be used for purposes other than for charging electric vehicles or external rechargeable hybrid vehicles before this Decree enters into force and where such activity continues as at the time this Decree enters into force. Article 4 (Special Cases concerning Standards for Facilities Required to Be Equipped with Exclusive Parking Areas and Charging Facilities)
| (1) | A City/Do shall enact or amend its municipal ordinance under the amended provisions of Article 18-5 no later than six months after the date this Decree enters into force. |
| (2) | A facility required to be equipped with a charging facility as prescribed by municipal ordinances under the previous Article 18-4 as at the times this Decree enters into force shall be deemed a facility required to be equipped with an exclusive parking area and a charging facility under the amended provisions of Article 18-5, and the following standards shall apply to the lower limit of the total number of spots in a parking lot and the number of apartment units, among standards for such facility, until the relevant ordinance is enacted or amended to enter into force under the same amended provisions: |
| 1. | The lower limit of the total number of spots in a parking lot: 50; |
| 2. | The lower limit of the number of apartment units: 100. |
Article 5 (Special Cases concerning Standards for Installing Exclusive Parking Areas)
| (1) | A City/Do shall enact or amend its municipal ordinance under the amended provisions of Article 18-6 (1) no later than six months after the date this Decree enters into force. |
| (2) | Matters delegated to ordinances with regard to standards for installing exclusive parking areas under the amended provisions of Article 18-6 (1) shall be governed by the following relevant standard until the relevant ordinance is enacted or amended to enter into force: |
| 1. | A facility other than a facility already constructed, and a public facility already constructed: 5/100 of the total number of spots in a parking lot; |
| 2. | A facility already constructed that is not a public facility already constructed: 2/100 of the total number of spots in a parking lot. |
Article 6 (Special Cases concerning Standards for Installing Charging Facilities for Environment-Friendly Motor Vehicles)
| (1) | A City/Do shall enact or amend its municipal ordinance under the amended provisions of Article 18-7 (2) no later than six months after the date this Decree enters into force. |
| (2) | Standards for installing charging facilities as prescribed by municipal ordinances under the previous Article 18-5 (2) and (3) as at the time this Decree enters into force shall be governed by the following relevant standards until the relevant municipal ordinance is enacted or amended to enter into force under the amended provisions of Article 18-7 (2): |
| 1. | A facility other than a facility already constructed: 5/100 of the total number of spots in a parking lot; |
| 2. | A facility already constructed: 2/100 of the total number of spots in a parking lot. |
Article 7 (Transitional Measures concerning Change of Standards for Activities That Interfere with Charging)
Where an electric vehicle or external rechargeable hybrid vehicle is parked within a charging area at a charging facility for environment-friendly motor vehicles before this Decree enters into force and such activity continues as at the time this Decree enters into force, the following shall apply to whether such activity constitutes an activity that interferes with charging:
| 1. | Where charging begins before this Decree enters into force: The previous Article 18-6 (1) 6 and 7 shall apply; |
| 2. | Where charging does not begin before this Decree enters into force and such activity continues as at the times this Decree enters into force: Parking hours shall be calculated from 12 a.m. on the date this Decree enters into force and the amended provisions of Article 18-8 (1) 6 and 7 shall apply. |