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SOIL ENVIRONMENT CONSERVATION ACT

Act No. 4906, Jan. 5, 1995

Amended by Act No. 5454, Dec. 13, 1997

Act No. 5878, Feb. 8, 1999

Act No. 6452, Mar. 28, 2001

Act No. 6627, Jan. 26, 2002

Act No. 6656, Feb. 4, 2002

Act No. 6846, Dec. 30, 2002

Act No. 6893, May 29, 2003

Act No. 7291, Dec. 31, 2004

Act No. 7459, Mar. 31, 2005

Act No. 7428, Mar. 31, 2005

Act No. 8014, Sep. 27, 2006

Act No. 8010, Sep. 27, 2006

Act No. 8038, Oct. 4, 2006

Act No. 8352, Apr. 11, 2007

Act No. 8469, May 17, 2007

Act No. 8466, May 17, 2007

Act No. 10219, Mar. 31, 2010

Act No. 10314, May 25, 2010

Act No. 10551, Apr. 5, 2011

Act No. 11464, jun. 1, 2012

Act No. 11461, jun. 1, 2012

Act No. 11862, jun. 4, 2013

Act No. 12522, Mar. 24, 2014

Act No. 13169, Feb. 3, 2015

Act No. 13533, Dec. 1, 2015

Act No. 13534, Dec. 1, 2015

Act No. 14476, Dec. 27, 2016

Act No. 14532, Jan. 17, 2017

Act No. 15102, Nov. 28, 2017

Act No. 15658, jun. 12, 2018

Act No. 16613, Nov. 26, 2019

Act No. 19090, Dec. 13, 2022

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to prevent any risk to public health and the environment to be caused by soil contamination, to conserve the soil ecosystem by properly maintaining and conserving soil including remediation, etc. of contaminated soil, to enhance the value of soil as a resource, and to enable all citizens to live in a healthy and comfortable environment.
[This Article Wholly Amended on Apr. 5, 2011]
 Article 2 (Definitions)
The terms used in this Act are defined as follows: <Amended on Mar. 24, 2014>
1. The term "soil contamination" means contamination of soil caused by business or other human activities, damaging the health and property of people or the environment;
2. The term "soil contaminant" means any substance causing soil contamination, which is prescribed by Ordinance of the Ministry of Environment;
3. The term "facility subject to the control of soil contamination" means any facility, equipment, building, structure, and other things prescribed by Ordinance of the Ministry of Environment, which are likely to contaminate soil through the production, transportation, storage, handling, processing, treatment, etc. of soil contaminants;
4. The term "specified facility subject to the control of soil contamination" means any facility subject to the control of soil contamination that is likely to seriously contaminate soil and that is prescribed by Ordinance of the Ministry of Environment;
5. The term "soil remediation" means reducing or eliminating contaminants in soil or alleviating any risk caused by contaminants in soil by means of biological, physical, and chemical treatment, etc.;
6. The term "detailed soil survey" means surveying the types of contaminants, the degree and extent of contamination, etc. in any area that exceeds or is highly likely to exceed a worrisome level provided in Article 4-2, as prescribed by Ordinance of the Ministry of Environment;
7. The term "soil remediation business" means the business of performing soil remediation.
[This Article Wholly Amended on Apr. 5, 2011]
 Article 3 (Exclusion from Application)
(1) This Act shall not apply to soil contamination caused by radioactive materials nor the prevention thereof.
(2) Articles 15-3 and 15-6 shall not apply where any contaminated farmland is remediated due to a soil improvement project provided in Article 21 of the Farmland Act.
[This Article Wholly Amended on Apr. 5, 2011]
 Article 4 (Formulation of Basic Plans for Soil Conservation)
(1) The Minister of Environment shall formulate and implement a basic plan for soil conservation (hereinafter referred to as "basic plan") every 10 years.
(2) The Minister of Environment shall have consultation with the heads of the relevant central administrative agencies when formulating a basic plan.
(3) A basic plan shall include the following:
1. The direction-setting for soil conservation policies;
2. The current status, on-going progress, and prospects of soil conservation;
3. Matters concerning the prevention of soil contamination;
4. Matters concerning soil remediation and utilization of remediated soil;
5. Matters concerning the development of technologies related to soil remediation and promotion of related industries;
6. Matters concerning education and fostering of technical personnel for soil remediation;
7. Other necessary matters for soil conservation.
(4) 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") shall formulate a regional soil conservation plan for the region under his or her jurisdiction (hereinafter referred to as "regional plan") in accordance with the basic plan, and shall implement such regional plan after obtaining the approval thereof from the Minister of Environment. The same shall also apply where any change is made to the regional plan. <Amended on Nov. 28, 2017>
(5) Methods and procedures for formulating a basic and regional plan and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Apr. 5, 2011]
 Article 4-2 (Worrisome Levels of Soil Contamination)
A level of soil contamination which is likely to damage the health and property of persons or to hinder the growth of animals and plants (hereinafter referred to as "worrisome level") shall be prescribed by Ordinance of the Ministry of Environment.
[This Article Wholly Amended on Apr. 5, 2011]
 Article 4-3 (Establishment and Operation of Information System)
(1) The Minister of Environment shall establish and operate an information system to ensure that people have easy access to the following information: <Amended on Nov. 28, 2017>
1. Outcomes of an investigation of facilities subject to the control of soil contamination, etc. prescribed in Article 4-4;
1-2. Soil contamination history information referred to in Article 4-5;
2. Outcomes of regular measurement, surveys of the actual state of soil contamination, and detailed soil surveys under Article 5;
3. Current status of designation of soil-related specialized agencies under Article 23-2;
4. Current status of registration of soil remediation business under Article 23-7;
5. Current status, etc. of installation of specified facilities subject to the control of soil contamination under Article 26-3;
6. Any other information prescribed by Ordinance of the Ministry of Environment.
(2) Matters necessary for the establishment, operation, etc. of the information system pursuant to paragraph (1) shall be prescribed by the Minister of Environment.
[This Article Newly Inserted on Dec. 1, 2015]
 Article 4-4 (Investigation of Facilities Subject to Control of Soil Contamination)
(1) The Minister of Environment shall regularly investigate the current status of distribution of facilities subject to the control of soil contamination, detailed soil surveys prescribed in Article 5 (4), detailed soil surveys prescribed in Article 10-4 (1), and the current status of implementation of projects for remediating or improving contaminated soil (hereafter in this Article referred to as "investigation of facilities subject to the control of soil contamination, etc."), in order to rationally formulate or approve a basic plan and regional plan pursuant to Article 4, measures for preventing topsoil erosion and measures for restoring topsoil referred to in Article 6-2, plans for areas requiring measures for soil conservation under Article 18, or effectively measure soil contamination levels pursuant to Article 5.
(2) The Minister of Environment may request the head of the relevant agency to submit necessary data for an investigation of facilities subject to the control of soil contamination, etc. pursuant to paragraph (1). In such cases, the head of the relevant agency in receipt of the request shall comply therewith unless there is a compelling reason not to do so.
(3) Matters necessary for methods, objects, procedures, etc. with regard to an investigation of facilities subject to the control of soil contamination, etc. under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment.
[This Article Newly Inserted on Dec. 1, 2015]
 Article 4-5 (Preparation and Management of Soil Contamination History Information)
The Minister of Environment shall prepare and manage soil contamination history information, including the use of land, the current status of establishment of facilities subject to the control of soil contamination, the level of contamination, and whether measures for remediation have been taken, for the land where soil contamination has occurred or for which regular measurement, a soil contamination status survey, or a detailed soil survey has been conducted pursuant to Article 5.
[This Article Newly Inserted on Nov. 28, 2017]
 Article 5 (Measurement of Soil Contamination Levels)
(1) To ascertain the actual state of soil contamination nationwide, the Minister of Environment shall establish a measuring network and measure soil contamination levels on a regular basis.
(2) A Mayor/Do Governor or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply) shall conduct a soil contamination status survey in the area under his or her jurisdiction where soil contamination is likely to occur (hereinafter referred to as "soil contamination status survey"). In such cases, the head of a Si/Gun/Gu shall report the results of the soil contamination status survey to the Mayor/Do Governor as prescribed by Ordinance of the Ministry of Environment, and the Mayor/Do Governor shall report to the Minister of Environment the results of the soil contamination status survey that he or she conducts and the results of the soil contamination status survey that the head of a Si/Gun/Gu reports to him or her, as prescribed by Ordinance of the Ministry of Environment.
(3) Standards for establishing measuring networks under paragraph (1), standards for selecting areas subject to a soil contamination status survey, methods and procedures for such survey, and other necessary matters shall be prescribed by Ordinance of the Ministry of Environment.
(4) Where deemed necessary for soil conservation, the Minister of Environment, a Mayor/Do Governor, or the head of a Si/Gun/Gu may conduct a detailed soil survey in any of the following areas:
1. An area where the results of regular measurement under paragraph (1) (hereinafter referred to as "regular measurement") exceed a worrisome level;
2. An area where the results of a soil contamination status survey exceed a worrisome level;
3. Any of the following areas where the Minister of Environment, a Mayor/Do Governor, or the head of a Si/Gun/Gu deems that soil contamination is highly likely to exceed a worrisome level:
(a) An area where soil contamination accidents have taken place;
(b) An industrial complex (excluding an agricultural and industrial complex) under subparagraph 5 of Article 2 of the Industrial Sites and Development Act;
(c) An area around abandoned mines under subparagraph 4 of Article 2 of the Mining Damage Prevention and Restoration Act;
(d) A landfill facility among waste disposal facilities under subparagraph 8 of Article 2 of the Wastes Control Act and areas around such facilities;
(e) Other areas prescribed by Ordinance of the Ministry of Environment.
(5) The results of regular measurement, surveys of the actual state of soil contamination, and detailed soil surveys under paragraph (4) shall be disclosed to the public.
[This Article Wholly Amended on Apr. 5, 2011]
 Article 6 (Determination and Public Notice of Plans for Establishing Measuring Networks)
The Minister of Environment shall determine and publicly notify a plan for establishing measuring networks pursuant to Article 5 (1), which specifies the location and area in which measuring networks are established, and he or she shall have the drawings thereof available to the public. The same shall also apply where any change is made to such plan.
[This Article Wholly Amended on Apr. 5, 2011]
 Article 6-2 (Surveys of Current State of Topsoil Erosion)
(1) In order to apprehend the actual state of the soil environment related to topsoil erosion, the Minister of Environment may conduct a survey of the current state and degree of topsoil erosion in any of the following areas:
1. Areas designated and publicly announced as water-source protection areas under Article 7 of the Water Supply and Waterworks Installation Act;
2. Areas each of which is designated and publicly notified as riparian zones respectively under Article 4 of the Act on the Improvement of Water Quality and Support for Residents of the Han River Basin, Article 4 of the Act on Water Management and Resident Support in the Nakdong River Basin, Article 4 of the Act on Water Management and Resident Support in the Geum River Basin, and Article 4 of the Act on Water Management and Resident Support in the Yeongsan and Seomjin River Basins.
(2) Where a survey under paragraph (1) finds that the degree of topsoil erosion exceeds the criteria prescribed by Ordinance of the Ministry of Environment, the Minister of Environment shall formulate and implement necessary measures.
(3) Matters necessary for procedures, methods, etc. for surveys under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment.
[This Article Newly Inserted on Apr. 5, 2011]
 Article 6-3 (Soil Remediation for State Property)
(1) In any of the following cases, the Minister of Environment may remediate soil after conducting a detailed soil survey in order to prevent the spread of soil contamination. In such cases, a detailed soil survey may be omitted, where it has already been conducted: <Amended on Mar. 24, 2014; Nov. 28, 2017>
1. Where soil remediation is necessary because soil contamination has occurred in excess of a worrisome level due to the State property defined in subparagraph 1 of Article 2 of the State Property Act and the State is a person responsible for remediation under Article 10-4 (1) (hereinafter referred to as "person responsible for remediation");
2. Where soil is remediated under the proviso of Article 15 (3) and a Mayor/Do Governor or the head of a Si/Gun/Gu requests urgent soil remediation;
3. Where a project for improving contaminated soil is implemented under Article 19 (3) and a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu requests urgent soil remediation.
(2) Where the Minister of Environment intends to remediate soil under paragraph (1), he or she shall consult in advance with the head of the relevant central government agency in cases referred to in paragraph (1) 1 and with a Mayor/Do Governor or the head of a Si/Gun/Gu and a person responsible for remediation in cases referred to in paragraph (1) 2 or 3, on the timing, area, and costs of soil remediation. In such cases, he or she may have the local government requesting soil remediation bear the costs required for remediation, etc. under paragraph (1) 2 or 3 within the extent prescribed by Ordinance of the Ministry of Environment. <Amended on Mar. 24, 2014>
(3) Where the Minister of Environment intends to remediate soil under paragraph (1), he or she shall formulate and publicly notify a soil remediation plan including the following, as prescribed by Ordinance of the Ministry of Environment:
1. Timing and period of soil remediation;
2. Location of land subject to soil remediation;
3. Name and address of the owner of land subject to soil remediation;
4. Other matters prescribed by Ordinance of the Ministry of Environment.
(4) In cases falling under paragraph (1) 2 or 3, reimbursement of the costs required for detailed soil surveys or soil remediation may be claimed to the relevant person responsible for remediation. <Amended on Mar. 24, 2014>
[This Article Newly Inserted on Apr. 5, 2011]
 Article 7 (Expropriation and Use of Land)
(1) Where necessary for any of the following measurement, survey, establishment, or soil remediation, the Minister of Environment, a Mayor/Do Governor, or the head of Si/Gun/Gu may expropriate (applicable only to subparagraphs 2 and 4) or use land, buildings, or objects fixed on the land in the relevant area or zone:
1. Regular measurement, surveys of the actual state of soil contamination, or detailed soil surveys;
2. Establishment of a measuring network under Article 5 (1);
3. Surveys of the current state and degree of topsoil erosion under Article 6-2;
4. Soil remediation for State property, etc. under Article 6-3.
(2) Where the Minister of Environment publicly notifies a soil remediation plan pursuant to Article 6-3 (3), project approval and the public notice of project approval shall be deemed given under Articles 20 (1) and 22 of the Act on Acquisition of and Compensation for Land for Public Works Projects, and an application for adjudication may be filed within the soil remediation period set forth in the soil remediation plan, notwithstanding Articles 23 (1) and 28 (1) of that Act.
(3) Except as otherwise provided in this Act, the Act on Acquisition of and Compensation for Land for Public Works Projects shall apply with regard to procedures for expropriation or use under paragraph (1), compensation for loss, etc.
[This Article Wholly Amended on Apr. 5, 2011]
 Article 8 (Entry to Land of Other Persons)
(1) Where deemed necessary for regular measurement, surveys of the actual state of soil contamination, detailed soil surveys, surveys of the current state and degree of topsoil erosion under Article 6-2 (1), and risk assessments under Article 15-5 (1), the Minister of Environment, a Mayor/Do Governor, the head of a Si/Gun/Gu, or a soil-related specialized agency under Article 23-2 (hereinafter referred to as "soil-related specialized agency") may have public officials under his or her jurisdiction or employees of the soil-related specialized agency enter the land of other persons and alter or remove trees, stones, soil, or other obstacles in the relevant land. In such cases, the head of the soil-related specialized agency shall obtain permission therefor from the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu. <Amended on Nov. 28, 2017>
(2) Where intending to alter or remove obstacles under paragraph (1), public officials or employees of a soil-related specialized agency shall obtain consent from the owner, occupant, or manager of the obstacles: Provided, That where such public officials or employees are unable to obtain consent because the owner, occupant, or manager is not present at the site or his or her address or residence is unknown, they may alter or remove the obstacles with the consent of the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu. <Amended on Nov. 28, 2017>
(3) Where intending to enter the land of other persons or to alter or remove obstacles on that land under paragraph (1), public officials or employees of a soil-related specialized agency shall notify such intention to the owner, occupant, or manager of the land or obstacles three days prior to the date of entering the land or altering or removing the obstacles: Provided, That where the address or residence of the owner, occupant, or manager of the land or obstacles is unknown, the notification need not be given.
(4) Before sunrise and after sunset, public officials or employees of a soil-related specialized agency shall be prohibited from entering residential sites or land of other persons surrounded by fences or hedges without permission of the occupant of the relevant land.
(5) No occupant of land shall obstruct or refuse the activities of the relevant public officials or employees of a soil-related specialized agency under paragraph (1), without good reason.
(6) Public officials or employees of a soil-related specialized agency who intend to enter the land of other persons under paragraph (1) shall carry identification indicating their authority and show it to relevant persons.
[This Article Wholly Amended on Apr. 5, 2011]
 Article 9 (Compensation for Loss)
(1) Where the State, a local government, or a soil-related specialized agency inflicts loss on other persons on account of the activities under Article 8, it shall compensate for such loss, as prescribed by Presidential Decree.
(2) A person who intends to obtain compensation under paragraph (1) shall claim for such compensation with the Minister of Environment, a Mayor/Do Governor, the head of a Si/Gun/Gu, or the head of a soil-related specialized agency.
(3) Upon receipt of a claim under paragraph (2), the Minister of Environment, a Mayor/Do Governor, the head of a Si/Gun/Gu, or the head of a soil-related specialized agency shall determine the amount, etc. to be compensated through consultation with the person who suffered the relevant loss, and notify the claimant thereof.
(4) Where no consultation under paragraph (3) is held or it is impracticable to hold consultation, the Minister of Environment, a Mayor/Do Governor, the head of a Si/Gun/Gu, the head of a soil-related specialized agency, or a person who suffers loss may apply for adjudication to the competent Land Tribunal, as prescribed by Presidential Decree.
(5) A person who is dissatisfied with adjudication under paragraph (4) may file an objection with the Central Land Tribunal within one month from the date of receiving the authentic copy of a written adjudication.
[This Article Wholly Amended on Apr. 5, 2011]
 Article 10 Deleted. <Oct. 4, 2006>
 Article 10-2 (Soil Environment Assessments)
(1) Where a site on which any of the following facilities are or were installed or any other land in which soil contamination is likely to occur is transferred or acquired (including an auction under the Civil Execution Act, realization under the Debtor Rehabilitation and Bankruptcy Act, the sale of attached property under the National Tax Collection Act, the Customs Act, or the Local Tax Collection Act, and a takeover occurring in accordance with procedures similar thereto; hereinafter the same shall apply), or rented out or taken on lease, the transferor, transferee, lesser, or lessee may have the relevant site, its neighboring areas, and any other land in which soil contamination is likely to occur subject to an assessment of soil contamination conducted by a soil environment assessment agency (hereinafter referred to as "soil environment assessment"): <Amended on Mar. 24, 2014; Dec. 27, 2016>
1. Facilities subject to the control of soil contamination;
3. National defense and military installations defined in Article 2 (1) of the Act on National Defense and Military Installations Projects.
(2) Where a person who has acquired a site on which any of the facilities prescribed in the subparagraphs of paragraph (1) are or were installed or any other land in which soil contamination is likely to occur has such site or land subject to a soil environment assessment under that paragraph and verifies that its contamination level does not exceed a worrisome level as at the time of the acquisition, he or she shall be presumed to be in good faith and not negligent in preventing the relevant soil contamination. <Amended on Mar. 24, 2014>
(3) A soil environment assessment shall be conducted as prescribed in the following, and detailed matters concerning soil environment assessments and other necessary matters shall be prescribed by Presidential Decree:
1. Items of soil environment assessments: Soil contaminants defined subparagraph 2 of Article 2 and contaminants prescribed by Presidential Decree as necessary for soil environment assessments;
2. Procedures for soil environment assessments: Such assessments shall be conducted by dividing them into a basic survey, overall survey, and detailed survey;
3. Methods of soil environment assessments: A survey, analysis, and assessment of contamination levels, etc. of contaminants referred to in subparagraph 1, the current state of utilization of sites subject thereto, and whether or not subject matters fall under facilities subject to the control of soil contamination.
[This Article Wholly Amended on Apr. 5, 2011]
 Article 10-3 (Strict Liability for Damage Resulting from Soil Contamination)
(1) Where any damage occurs due to soil contamination, a person who has caused the contamination shall compensate for such damage and take measures, such as remediating contaminated soil: Provided, That the same shall not apply where soil contamination is caused by a natural disaster, war, or any other force majeure. <Amended on Mar. 24, 2014>
(2) Where at least two persons have caused soil contamination and it is impracticable to verify who has caused the damage under paragraph (1), each person shall jointly and severally compensate for such damage and take measures, such as remediating contaminated soil. <Amended on Mar. 24, 2014>
[This Article Wholly Amended on Apr. 5, 2011]
[Title Amended on Mar. 24, 2014]
 Article 10-4 (Responsibility for Remediation of Contaminated Soil)
(1) Any of the following persons shall, as a person responsible for remediation, conduct a detailed soil survey or remediation of contaminated soil under Article 11 (3), 14 (1), or 15 (1) and (3), or a project for improving contaminated soil under Article 19 (1) (hereinafter referred to as "soil remediation, etc."): <Amended on Nov. 28, 2017>
1. A person who causes soil contamination by discharging, leaking, dumping, or neglecting soil contaminants, or committing other acts;
2. The owner, occupant, or operator of a facility subject to the control of soil contamination constituting a cause for soil contamination as at the time soil contamination occurs;
3. A person who universally succeeds to the rights and obligations of those falling under subparagraphs 1 and 2 on account of a merger, inheritance, or any other reason;
4. A person who previously owned or currently owns or occupies land in which soil contamination has occurred.
(2) Notwithstanding paragraph (1), no person shall be deemed a person responsible for remediation referred to in paragraph (1) 4 in any of the following cases: Provided, That the same shall not apply where a person has permitted any person falling under paragraph (1) 1 or 2 to use the land he or she owns or occupies on or after January 6, 1996:
1. Where the person ceased to own the relevant land due to transfer or any other reason on or before January 5, 1996;
2. Where the person acquired the relevant land on or before January 5, 1996;
3. Where the person was in good faith and not negligent in preventing soil contamination as at the time of acquiring the land in which soil contamination has occurred;
4. Where soil contamination occurs while the person owns or occupies the relevant land and such soil contamination occurs due to reasons not attributable to him or her.
(3) Where there exists at least two persons responsible for remediation to whom a Mayor/Do Governor or the head of a Si/Gun/Gu may issue an order for soil remediation, etc. pursuant to Article 11 (3), 14 (1), 15 (1) and (3), or 19 (1), he or she shall order soil remediation, etc., taking into account the degree of responsibility of each person responsible for remediation for the relevant soil contamination, the possibility of prompt and smooth soil remediation, etc., as prescribed by Presidential Decree, and may seek advice from the Soil Remediation Advisory Committee referred to in Article 10-9, if necessary.
(4) Where a person responsible for remediation subject to an order for soil remediation, etc. pursuant to Article 11 (3), 14 (1), 15 (1) and (3), or 19 (1) performs soil remediation, etc. at his or her own expenses, he or she may claim reimbursement for the expenses to be borne by other persons responsible for remediation.
(5) In any of the following cases, the State and a local government may wholly or partially subsidize soil remediation, etc. pursuant to Article 11 (3), 14 (1), 15 (1) and (3), or 19 (1) (excluding expenses refundable through the exercise of a claim for reimbursement under paragraph (4) and an amount equivalent to an increase in the value of the relevant land caused by soil remediation, etc.; hereinafter the same shall apply), as prescribed by Presidential Decree: <Amended on Nov. 28, 2017>
1. Where the expenses incurred by a person responsible for soil remediation under paragraph (1) 1, 2, or 3 in performing soil remediation, etc. significantly exceed either his or her share of expenses or the profits he or she has gained or is expected to gain by owning, occupying, or operating the relevant facility subject to the control of soil contamination;
2. Where the expenses incurred by a person who acquired the relevant land on or before December 31, 2001 or no longer owns it due to transfer thereof or any other reason in performing soil remediation, etc. as a person responsible for remediation under paragraph (1) 4 exceed the value of the relevant land;
3. Where the expenses incurred by a person who has acquired the relevant land on or after January 1, 2002 in performing soil remediation, etc. as a person responsible for remediation under paragraph (1) 4 significantly exceed the value of the relevant land and the profits he or she has gained or is expected to gain by owning or occupying such land;
4. Other cases prescribed by Presidential Decree, such as where a subsidy to cover the expenses incurred in soil remediation, etc. is required.
(6) Where a person responsible for remediation with regard to soil contamination intends to conduct soil remediation, etc. in accordance with an order for soil remediation, etc. issued under Article 11 (3), 14 (1), 15 (1) or (3), or 19 (1), a person who owns or occupies the land where such soil contamination has occurred and is not a person responsible for remediation shall cooperate in the soil remediation, etc., unless there is good reason. <Newly Inserted on Nov. 28, 2017>
(7) A person responsible for remediation shall compensate for losses the owner or occupant of the relevant land has sustained due to cooperation he or she has rendered pursuant to paragraph (6). <Newly Inserted on Nov. 28, 2017>
[This Article Wholly Amended on Mar. 24, 2014]
[This Article wholly amended by Act No. 12522 on March 24, 2014 following the decision of unconstitutionality made by the Constitutional Court on August 23, 2012]
 Article 10-5 (Establishment of Soil Remediation Cooperatives)
(1) Establishers and operators of specified facilities subject to the control of soil contamination and persons who have filed for registration of soil remediation business under Article 23-7 (1) (hereinafter referred to as "soil remediation business entities") may establish a soil remediation cooperative (hereinafter referred to as "cooperative") with permission from the Minister of Environment in order to guarantee remediation of contaminated soil under Article 11 (3) and to secure financial resources required for soil remediation.
(2) A cooperative shall be a corporation.
(3) A cooperative shall be established at the time it registers such establishment at the location of its main office.
[This Article Newly Inserted on Apr. 5, 2011]
 Article 10-6 (Business of Cooperatives)
A cooperative shall conduct the following business:
1. Mutual-aid business for soil remediation performed by its members;
2. Business related to the survey, development, and distribution of technology necessary for the prevention of soil contamination and soil remediation.
[This Article Newly Inserted on Apr. 5, 2011]
 Article 10-7 (Contributions)
(1) Members of a cooperative shall pay to the cooperative contributions necessary to perform the business referred to in Article 10-6.
(2) Standards for calculating contributions, procedures for paying them under paragraph (1), and other necessary matters shall be prescribed by the articles of incorporation of a cooperative.
[This Article Newly Inserted on Apr. 5, 2011]
 Article 10-8 (Application Mutatis Mutandis of the Civil Act)
Except as provided in this Act, the provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandis to cooperatives.
[This Article Newly Inserted on Apr. 5, 2011]
 Article 10-9 (Soil Remediation Advisory Committee)
(1) In order to advise a Mayor/Do Governor or the head of a Si/Gun/Gu under Article 10-4 (3), a Soil Remediation Advisory Committee shall be established under the Ministry of Environment (hereinafter referred to as the "Committee").
(2) The Committee shall be comprised of five to nine members, including the chairperson.
(3) Matters necessary for the organization, operation, etc. of the Committee shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Mar. 24, 2014]
 Article 10-10 (Establishment and Operation of Soil Environment Center)
(1) The Minister of Environment may establish and operate a Soil Environment Center to efficiently perform the following affairs relating to soil conservation: <Amended on Nov. 28, 2017>
1. Affairs regarding research and the development and utilization of technology related to the soil environmental industry;
2. Dissemination of technology related to soil conservation, promotion of its commercialization, and support for its expansion into overseas markets;
3. Affairs regarding the collection and utilization of, and education, publicity, and international cooperation on, information related to the soil environmental industry;
4. Affairs regarding the invigoration of the soil environmental industry;
5. Affairs entrusted by the State, local governments, or public institutions referred to in Article 4 of the Act on the Management of Public Institutions with regard to the affairs under subparagraphs 1 through 4.
(2) The Minister of Environment may provide a subsidy to cover all or part of the expenses incurred in performing the affairs referred to in paragraph (1).
(3) The Minister of Environment may entrust the operation of the Soil Environment Center to the Korea Environmental Industry and Technology Institute established under the Korea Environmental Industry and Technology Institute Act. <Amended on Dec. 1, 2015>
(4) Matters necessary for the operation, supervision, etc. of the Soil Environment Center shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Mar. 24, 2014]
CHAPTER II REGULATION ON SOIL CONTAMINATION
 Article 11 (Reporting on Soil Contamination)
(1) A report shall be filed with the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu without delay in any of the following cases: <Amended on Mar. 24, 2014; Nov. 28, 2017>
1. Where a person who produces, transports, stores, handles, processes, or treats soil contaminants discharges or leaks them in the process thereof;
2. Where a person who owns, occupies, or operates facilities subject to the control of soil contamination finds that the soil of the site on which such facilities are installed or of its neighboring areas has been contaminated;
3. Where the owner or occupant of land finds that the land he or she owns or occupies has been contaminated.
(2) Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu receives a report referred to in paragraph (1), finds the discharge or leakage of soil contaminants, or otherwise becomes aware of soil contamination, he or she may have public officials under his or her jurisdiction enter the relevant land and examine the cause and the level of soil contamination. <Amended on Nov. 28, 2017>
(3) With respect to any soil whose level of contamination is found to exceed a worrisome level (hereinafter referred to as "contaminated soil") by the examination referred to in paragraph (2), a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may order a person responsible for remediation to ask a soil-related specialized agency for conducting a detailed soil survey and to take measures to remediate contaminated soil within a specified period, as prescribed by Presidential Decree. <Amended on Mar. 24, 2014>
(4) If a soil-related specialized agency conducts a detailed soil survey pursuant to paragraph (3), it shall notify the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu of the results of the detailed soil survey, without delay. <Amended on Nov. 28, 2017>
(5) Public officials who intend to enter any land of other persons under paragraph (2) shall carry identification verifying their authority and present it to relevant persons.
(6) Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu has public officials under his or her jurisdiction enter the relevant land to examine the cause and the level of soil contamination pursuant to paragraph (2), he or she shall inform the head of a regional environmental agency of such fact without delay. <Newly Inserted on Mar. 24, 2014; Nov. 28, 2017>
[This Article Wholly Amended on Apr. 5, 2011]
 Article 12 (Reporting on Specified Facilities Subject to Control of Soil Contamination)
(1) A person who intends to install specified facilities subject to the control of soil contamination shall file a report on the details of such facilities and a plan for installing facilities for preventing soil contamination under paragraph (5) with the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu, as prescribed by Presidential Decree. The same shall apply where any change is made to the reported matters (including the closure of specified facilities subject to the control of soil contamination), the details of which are prescribed by Ordinance of the Ministry of Environment. <Amended on Nov. 28, 2017; Dec. 13, 2022>
(2) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun Province shall notify a reporting person of acceptance or rejection of the report, within 10 days from the date of receipt of the report under the former part of paragraph (1), and within 7 days from the date of receipt of a report on change under the latter part of that paragraph. <Newly Inserted on Dec. 13, 2022>
(3) If the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu fails to notify a reporting person of acceptance or rejection of the report within the period specified in paragraph (2) or an extension of the processing period under the statutes or regulations related to the processing of civil petitions, the report shall be deemed accepted on the day immediately following the day the period (referring to the relevant period if the processing period is extended or re-extended under the statutes or regulations related to the processing of civil petitions) expires. <Newly Inserted on Dec. 13, 2022>
(4) Where the installation of specified facilities subject to the control of soil contamination is permitted or registered under the Act on the Safety Control of Hazardous Substances, the Chemical Substances Control Act, or any other statutes or regulations prescribed by Ordinance of the Ministry of Environment, a report shall be deemed filed under paragraph (1). In such cases, the head of a permission or registration agency shall notify the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu having jurisdiction over the region where the specified facilities subject to the control of soil contamination are installed of such fact, attaching documents regarding the facilities for preventing soil contamination, as prescribed by Ordinance of the Ministry of Environment. <Amended on Jun. 4, 2013; Nov. 28, 2017; Dec. 13, 2022>
(5) A person who installs the specified facilities subject to the control of soil contamination (including the operator of such facility; hereinafter the same shall apply) shall install a facility for preventing soil contamination (hereinafter referred to as "facility for preventing soil contamination") and maintain and manage such facility properly, as prescribed by Presidential Decree. <Amended on Dec. 13, 2022>
[This Article Wholly Amended on Apr. 5, 2011]
 Article 12-2 (Legal Fiction of Reporting on Changes under Other Statutes)
(1) Where a report on changes is filed pursuant to the latter part of Article 12 (1), the following reports on changes shall be deemed filed in relation to specified facilities subject to the control of soil contamination: Provided, That matters concerning a report on changes shall be limited to where the name or representative of a place of business is changed: <Amended on Jan. 17, 2017>
1. A report on changes to discharging facilities pursuant to the proviso of Article 33 (2) and Article 33 (3) of the Water Environment Conservation Act;
2. A report on changes to emission facilities under Article 44 (2) of the Clean Air Conservation Act.
(2) A person who intends to be deemed to have filed a report on changes pursuant to paragraph (1) shall submit the relevant documents prescribed by applicable statutes when applying for a report on changes.
(3) Where the head of an administrative agency who receives reports on changes pursuant to paragraph (1) processes such reports, he or she shall without delay notify the details thereof to the head of the competent administrative agency having jurisdiction over the reports on changes set forth in any subparagraph of paragraph (1).
(4) Where a report on changes is deemed filed pursuant to paragraph (1), fees imposed in accordance with relevant statutes shall be exempted.
[This Article Newly Inserted on Dec. 1, 2015]
 Article 13 (Soil Contamination Inspections)
(1) The installer of a specified facility subject to the control of soil contamination shall undergo a soil contamination inspection of the site of such facility and its neighboring areas (hereinafter referred to as "soil contamination inspection") conducted by a soil-related specialized agency, as prescribed by Presidential Decree: Provided, That the same shall not apply where the collection of soil samples is impossible or a soil contamination inspection is unnecessary and where permission is obtained from a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu as the requirements prescribed by Presidential Decree are met. <Amended on Nov. 28, 2017>
(2) Procedures for approval under the proviso of paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment, and an applicant for such approval shall attach the opinion of a soil-related specialized agency: Provided, That in cases prescribed by Presidential Decree, such as where some facilities among several storage facilities of the same type are closed, the opinion of a soil-related specialized agency need not be attached.
(3) A soil contamination inspection shall be conducted in two parts which are an inspection of soil contamination levels and a leakage inspection: Provided, That a leakage inspection shall be conducted only where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu deems that it is impossible to verify any leakage from storage facilities or pipes visually because they are buried underground or fixed on the land, as prescribed by Ordinance of the Ministry of Environment. <Amended on Nov. 28, 2017>
(4) Where a soil-related specialized agency conducts a soil contamination inspection, it shall notify the results of such inspection to the installer of a specified facility subject to the control of soil contamination, the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, the head of the competent Si/Gun/Gu, and the head of the competent fire station (notification to the head of a fire station shall be given only where it is verified by a leakage inspection that contaminants are leaked from facilities permitted under the Act on the Safety Control of Hazardous Substances), and the installer of the specified facility subject to the control of soil contamination shall retain the results notified to him or her, as prescribed by Ordinance of the Ministry of Environment. In such cases, the installer of the specified facility subject to the control of soil contamination may retain the results notified to him or her in the form of the electronic document defined in subparagraph 1 of Article 2 of the Framework Act on Electronic Documents and Transactions. <Amended on Jun. 1, 2012; Nov. 28, 2017>
(5) Methods of collecting samples for soil contamination inspections and other necessary matters shall be prescribed by Ordinance of the Ministry of Environment.
(6) Where deemed necessary to perform a detailed inspection based on the results of a soil contamination inspection notified by a soil-related specialized agency pursuant to paragraph (4), the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu may request a soil-related specialized agency prescribed by Ordinance of the Ministry of Environment to conduct a soil contamination inspection. <Amended on Nov. 28, 2017>
[This Article Wholly Amended on Apr. 5, 2011]
 Article 14 (Orders Given to Installers of Specified Facilities Subject to Control of Soil Contamination)
(1) Where the installer of a specified facility subject to the control of soil contamination falls under any of the following, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may order him or her to install or improve facilities for preventing soil contamination, to have the site of such facilities or its neighboring areas undergo a detailed soil survey conducted by a soil-related specialized agency, or to take measures to remediate contaminated soil within a specified period, as prescribed by Presidential Decree: <Amended on Nov. 28, 2017>
1. Where he or she fails to install facilities for preventing soil contamination or to meet the standards for such facilities;
2. Where a soil contamination inspection conducted under Article 13 (3) finds that the level of soil contamination exceeds a worrisome level;
3. Where a leakage inspection conducted under Article 13 (3) finds that contaminants are leaked.
(2) Where a soil-related specialized agency conducts a detailed soil survey pursuant to paragraph (1), it shall notify the installer of a specified facility subject to the control of soil contamination, the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu of the results of such detailed soil survey, without delay. <Amended on Nov. 28, 2017>
(3) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may order the installer of a specified facility subject to the control of soil contamination to suspend the use of such facility, where the installer fails to comply with the order under paragraph (1) or where the level of soil contamination in the site of the facility and its neighboring areas do not decrease to or below the remediation levels under Article 15-3 (1) even if he or she complies with the relevant order. <Amended on Nov. 28, 2017>
[This Article Wholly Amended on Apr. 5, 2011]
 Article 15 (Orders to Take Preventive Measures against Soil Contamination)
(1) A Mayor/Do Governor or the head of a Si/Gun/Gu may order a person responsible for remediation in an area falling under Article 5 (4) 1 or 2 to undergo a detailed soil survey conducted by a soil-related specialized agency within a specified period, as prescribed by Presidential Decree. <Amended on Apr. 5, 2011; Jun. 1, 2012; Mar. 24, 2014>
(2) Where a soil-related specialized agency conducts a detailed soil survey under paragraph (1), it shall notify the results of such survey to a person responsible for remediation and the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu without delay. <Amended on Apr. 5, 2011; Mar. 24, 2014>
(3) Where regular measurement, a soil contamination status survey, or a detailed soil survey finds that the level of soil contamination exceeds a worrisome level, a Mayor/Do Governor or the head of a Si/Gun/Gu may order a person responsible for remediation to take any of the following measures within a specified period, as prescribed by Presidential Decree: Provided, That where a person responsible for remediation is unknown or soil remediation by a person responsible for remediation is deemed impracticable, a Mayor/Do Governor or the head of the Si/Gun/Gu may conduct remediation of contaminated soil: <Amended on Apr. 5, 2011; Mar. 24, 2014>
1. Improving or relocating facilities subject to the control of soil contamination;
2. Restricting or suspending the use of the relevant soil contaminants;
3. Remediating contaminated soil.
(4) Deleted. <Dec. 31, 2004>
(5) Deleted. <Dec. 31, 2004>
(6) Where the measurement of a soil contamination level under Article 5 finds that such level exceeds a worrisome level, the Minister of Environment may request the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu to take the measures referred to in paragraph (3). <Amended on Apr. 5, 2011>
(7) A Mayor/Do Governor or the head of a Si/Gun/Gu shall, upon receiving a request from the Minister of Environment under paragraph (6), issue an order to take the measures referred to in paragraph (3) and shall report the details and results of such order to the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment. <Amended on Apr. 5, 2011>
[This Article Wholly Amended on Mar. 28, 2001]
[Title Amended on Apr. 5, 2011]
 Article 15-2 (Reporting on Compliance with Orders)
(1) Where a person subject to an order to take measures or a suspension order pursuant to Article 11 (3), 14 (1) and (3), or 15 (3) complies with such order, he or she shall report such compliance to a Mayor/Do Governor or the head of a Si/Gun/Gu without delay, as prescribed by Ordinance of the Ministry of Environment. In such cases, a Mayor/Do Governor or the head of a Si/Gun/Gu shall verify compliance with the order, as prescribed by Ordinance of the Ministry of Environment. <Amended on Mar. 24, 2014>
(2) Where a person subject to an order to take measures pursuant to Article 11 (3) reports compliance with such order pursuant to paragraph (1), a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall notify the head of a regional environmental agency of the relevant report on compliance with the order, as prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Mar. 24, 2014; Nov. 28, 2017>
[This Article Wholly Amended on Apr. 5, 2011]
 Article 15-3 (Remediation of Contaminated Soil)
(1) Contaminated soil shall be remediated in conformity with the remediation levels and methods prescribed by Presidential Decree.
(2) Contaminated soil shall be remediated by entrusting such remediation to a soil remediation business entity (referring to a soil remediation business entity who has registered facilities for bringing in contaminated soil for its remediation under Article 23-7 (1), where contaminated soil is shipped out for its remediation under the proviso of paragraph (3)): Provided, That contaminated soil that is of a type and scale prescribed by Presidential Decree, including soil contaminated by organic solvents, may be remediated directly by a person responsible for remediation. <Amended on Mar. 24, 2014>
(3) Contaminated soil shall be remediated on the relevant site where contamination occurs: Provided, That where it is impracticable to remediate the contaminated soil on the site due to unavoidable reasons prescribed by Ordinance of the Ministry of Environment such as that a site is narrow and small, the contaminated soil may be shipped out to the facilities owned by a soil remediation business entity (referring to facilities registered to bring in contaminated soil for its remediation under Article 23-7 (1)) for its off-site remediation, as prescribed by Ordinance of the Ministry of Environment.
(4) A person who intends to ship out contaminated soil for its remediation under the proviso of paragraph (3) shall submit a plan for shipping out contaminated soil for its remediation to the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu and shall be notified that such plan is appropriate, as prescribed by Ordinance of the Ministry of Environment. The same shall also apply where any change is made to the important matters prescribed by Ordinance of the Ministry of Environment in a plan for shipping out contaminated soil for its remediation that has been notified as appropriate under paragraph (5). <Amended on Jun. 1, 2012; Nov. 28, 2017>
(5) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall review a plan for shipping out contaminated soil for its remediation submitted under paragraph (4) with regard to the following matters and notify the person who has submitted such plan of whether it is appropriate: <Amended on Jun. 1, 2012; Nov. 28, 2017>
1. Whether contaminated soil can be shipped out for its remediation under the proviso of paragraph (3);
2. Whether the plan for shipping out contaminated soil for its remediation is appropriate.
(6) A person notified of appropriateness under paragraph (5) shall enter the details of the relevant soil transfer form into the contaminated soil information system referred to in paragraph (9) whenever he or she ships out, transports, remediates, or uses (referring to the first use of remediated soil; hereinafter the same shall apply) contaminated soil. <Newly Inserted on Jun. 1, 2012; Nov. 28, 2017>
(7) A person who remediates contaminated soil shall be prohibited from performing the following acts: <Newly Inserted on Jun. 1, 2012>
1. Lowering the concentrations of contamination by mixing the contaminated soil with other soil;
2. Keeping the contaminated soil in excess of the capacity of his or her facilities registered under Article 23-7 (1), where it is shipped out for its remediation under the proviso of paragraph (3).
(8) Matters necessary for the methods and timing of preparing a soil transfer form referred to in paragraph (6), the timing of transferring soil, and other matters shall be prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Jun. 1, 2012; Nov. 28, 2017>
(9) The Minister of Environment shall establish and operate a contaminated soil information system that can electronically process the shipping-out, transportation, remediation, or use of contaminated soil. <Newly Inserted on Jun. 1, 2012; Nov. 28, 2017>
[This Article Wholly Amended on Apr. 5, 2011]
 Article 15-4 (Prohibition on Dumping Contaminated Soil)
No person shall commit any of the following acts:
1. Abandoning or burying contaminated soil;
2. Discharging or leaking contaminated soil in the course of storing, transporting, and remediating it;
3. Using soil that has been remediated for soil in an area where a worrisome level is stricter than that of the remediated soil.
[This Article Wholly Amended on Apr. 5, 2011]
 Article 15-5 (Risk Assessments)
(1) The Minister of Environment, a Mayor/Do Governor, the head of a Si/Gun/Gu, or a person responsible for remediation may require a risk assessment agency designated under Article 23-2 (2) 1 to assess the degree of risk that soil contaminants on the relevant site pose to the human body and environment in consideration of the types of contaminants, contamination levels, surroundings, future plans for soil utilization, and other necessary matters (hereinafter referred to as “risk assessment”) to reflect the results of such assessment in the scope, timing, level, etc. of soil remediation. <Amended on Jun. 1, 2012; Mar. 24, 2014>
(2) A risk assessment may be conducted in any of the following cases (only subparagraphs 4 and 5 shall apply to a person responsible for remediation): <Amended on Mar. 24, 2014>
1. Where soil remediation is intended under Article 6-3;
2. Where soil remediation is intended in the proviso, with the exception of the subparagraphs, of Article 15 (3);
3. Where a project for improving contaminated soil is intended under Article 19 (3);
4. Where remediation of contaminated soil is intended on the site where it is verified by the methods prescribed by Presidential Decree as being contaminated due to natural causes (excluding where contaminated soil is shipped out for its remediation under the proviso of Article 15-3 (3));
5. Other cases prescribed by Presidential Decree, which require a risk assessment to be conducted.
(3) Where a Mayor/Do Governor, the head of a Si/Gun/Gu, or a person responsible for remediation intends to reflect the results of a risk assessment in the timing, scope, level, etc. of soil remediation, the results shall be verified by the Minister of Environment in advance. <Amended on Mar. 24, 2014>
(4) Items and methods of risk assessments and other necessary matters as well as procedures and methods for verification of the results of such assessments shall be prescribed by Ordinance of Ministry of Environment.
[This Article Wholly Amended on Apr. 5, 2011]
 Article 15-6 (Verification of Soil Remediation)
(1) Where a person responsible for remediation entrusts a soil remediation business entity with soil remediation to remediate contaminated soil, he or she shall require a soil contamination status survey agency designated under Article 23-2 (2) 2 to verify the process and completion of remediation: Provided, That where a detailed soil survey finds that the scale of contaminated soil is small, the concentrations of contamination is low, or that contaminated soil is of a scale and type prescribed by Presidential Decree, verification of the remediation process may be omitted. <Amended on Jun. 1, 2012; Mar. 24, 2014>
(2) Where a person responsible for remediation intends to require a soil contamination status survey agency to verify the process and completion of remediating contaminated soil pursuant to the main clause of paragraph (1), he or she shall formulate a plan for remediating contaminated soil in accordance with the details and procedures prescribed by Ordinance of the Ministry of Environment to submit such plan to the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu. The same shall also apply where any change is made to the matters that are included in the plan submitted and that are prescribed by Ordinance of the Ministry of Environment. <Amended on Mar. 24, 2014; Nov. 28, 2017>
(3) When a soil-related specialized agency performs verification under paragraph (1), it may collect verification fees from persons responsible for remediation. In such cases, standards for calculating verification fees shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Mar. 24, 2014>
(4) Procedures, details, and methods with regard to verification under paragraph (1) and other matters necessary for verification shall be prescribed by Ordinance of the Ministry of Environment.
(5) Where a soil remediation business entity undergoes verification of the process and completion of remediation under paragraph (1), it shall not ship out contaminated soil before verification is completed by a soil-related specialized agency.
[This Article Wholly Amended on Apr. 5, 2011]
 Article 15-7 (Designation of Soil Control Complexes)
(1) Where deemed necessary for efficient soil remediation by concentrating facilities required for soil remediation in a certain area to ship out contaminated soil for its remediation under the proviso of Article 15-3 (3) or to recycle remediated soil, the Minister of Environment may designate land for which the Minister of Environment is the head of a central government agency as a soil control complex among the State property under the State Property Act.
(2) Where the Minister of Environment intends to designate a soil control complex pursuant to paragraph (1), he or she shall formulate a plan for developing a soil control complex, hear the opinions of the competent Mayor/Do Governor, and have consultation with the head of the relevant central administrative agency, as prescribed by Presidential Decree. The same shall also apply where any change is to be made to the important matters that are included in a plan for developing a soil control complex and that are prescribed by Presidential Decree.
(3) Notwithstanding the State Property Act, the Minister of Environment may allow a person who intends to engage in soil remediation business in a soil control complex under paragraph (1) to use or profit from part of land in such complex under a free contract or may lend or sell such land to him or her.
(4) To efficiently operate a soil control complex pursuant to paragraph (1), the Minister of Environment may provide necessary support for the establishment, etc. of infrastructure, including roads.
[This Article Newly Inserted on Apr. 5, 2011]
 Article 15-8 (Soil Contamination by Persistent Pollutants)
(1) Where a site or its surrounding area (limited to a site or its surrounding area where the State is responsible for remediation; hereafter in this Article, the same shall apply) where soil contamination occurs is contaminated by the persistent organic pollutants defined in subparagraph 1 of Article 2 of the Persistent Organic Pollutants Control Act (excluding soil pollutants of which remediation levels are determined under Article 15-3 (1) of this Act; hereinafter referred to as "persistent pollutants") in addition to soil contaminants that exceed a worrisome level, the head of a central administrative agency responsible for remediation under this Act or other statutes or regulations (hereafter in this Article referred to as "authority responsible for contaminated soil remediation") shall formulate a draft remediation plan including the following and hear the opinions of the residents of the relevant area:
1. Timing and period of remediation of contaminated soil containing persistent pollutants;
2. Target quantity and methods of remediation of contaminated soil containing persistent pollutants;
3. Other matters concerning remediation of contaminated soil containing persistent pollutants.
(2) An authority responsible for contaminated soil remediation shall formulate a remediation plan after consultation with the Minister of Environment on a draft remediation plan in which the opinions of the residents of the relevant area are reflected under paragraph (1). In such cases, the Minister of Environment in receipt of a request for consultation may allow the authority to otherwise determine remediation methods, etc., notwithstanding Article 15-3 (1) and (3).
(3) Where contaminated soil is remediated in accordance with a remediation plan formulated pursuant to paragraph (2), an authority responsible for contaminated soil remediation shall entrust such remediation to a soil remediation business entity (referring to a soil remediation business entity that has registered facilities for bringing in contaminated soil for its remediation pursuant to Article 23-7 (1), where such contaminated soil is shipped out for its remediation) and shall require a soil contamination status survey agency designated pursuant to Article 23-2 (2) 2 to verify the process and completion of remediation.
(4) Article 15-6 (2) through (5) shall apply mutatis mutandis to specific procedures, details, methods, etc. regarding verification under paragraph (3). In such cases, "person responsible for remediation" shall be regarded as "authority responsible for contaminated soil remediation."
[This Article Newly Inserted on Jun. 12, 2018]
CHAPTER III DESIGNATION AND MANAGEMENT OF AREAS REQUIRING SOIL CONSERVATION MEASURES
 Article 16 (Levels Requiring Soil Contamination Measures)
Soil contamination levels in excess of worrisome levels, which are likely to damage the health and property of persons or to hinder the growth of animals and plants and thus require measures against soil contamination (hereinafter referred to as "levels requiring measures"), shall be prescribed by Ordinance of the Ministry of Environment.
[This Article Wholly Amended on Apr. 5, 2011]
 Article 17 (Designation of Areas Requiring Soil Conservation Measures)
(1) With respect to an area where a soil contamination level exceeds a level requiring measures or an area the designation of which is requested by a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/ Gun/Gu under paragraph (2), the Minister of Environment may designate such area as an area requiring soil conservation measures (hereinafter referred to as "area requiring measures") in consultation with the head of the relevant central administrative agency and the competent Mayor/Do Governor: Provided, That an area that falls under the cases prescribed by Presidential Decree shall be designated as an area requiring measures. <Amended on Nov. 28, 2017>
(2) Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu deems that soil conservation is particularly required in an area under his or her jurisdiction, he or she may request the Minister of Environment to designate such area as an area requiring measures after consultation with the competent Mayor/Do Governor even if the level of soil contamination in that area does not exceed a level requiring measures. <Amended on Nov. 28, 2017>
(3) Standards and procedures for designating an area requiring measures under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.
(4) Where the Minister of Environment designates an area requiring measures under paragraph (1), he or she shall publicly notify the location and size of such area, the date and purpose of the designation, and other matters prescribed by Ordinance of the Ministry of Environment. The same shall also apply where any change is made to the matters publicly notified.
[This Article Wholly Amended on Apr. 5, 2011]
 Article 18 (Formulation and Implementation of Plans for Measures)
(1) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu [referring to a Special Self-Governing City Mayor or the head of a Si/Gun/Gu as prescribed by Presidential Decree, where the relevant area requiring measures extends over at least two Special Self-Governing Cities and Sis/Guns/Gus (a Gu refers to an autonomous Gu; hereinafter the same shall apply)] shall formulate a plan for soil conservation measures with respect to an area requiring measures (hereinafter referred to as "plan for measures") and implement such plan after having consultation with the competent Mayor/Do Governor and obtaining approval thereof from the Minister of Environment. <Amended on Nov. 28, 2017>
(2) A plan for measures shall include the following:
1. A project for improving contaminated soil;
2. A plan for using land, etc.;
3. An investigation of damage to the health of residents and measures to address such damage;
4. Measures to support residents suffering damage;
5. Other matters deemed necessary for the formulation and implementation of the plan for measures, as prescribed by Ordinance of the Ministry of Environment.
(3) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may have the relevant person responsible for remediation bear part of the expenses incurred in measures to support residents suffering damage under paragraph (2) 4. <Amended on Mar. 24, 2014; Nov. 28, 2017>
(4) Types and standards of projects for improving contaminated soil under paragraph (2) 1 and other necessary matters shall be prescribed by Presidential Decree.
(5) Detailed matters regarding investigations of damage to the health of residents referred to in paragraph (2) 3, measures for support referred to in paragraph (2) 4, etc. shall be prescribed by Presidential Decree.
(6) When intending to approve a plan for measures under paragraph (1), the Minister of Environment shall have consultation with the head of the relevant central administrative agency, and when approving such plan, he or she shall notify the head of the relevant central administrative agency thereof and may request him or her to take necessary measures. In such cases, the head of the relevant central administrative agency shall comply with such request unless there is a compelling reason not to do so.
[This Article Wholly Amended on Apr. 5, 2011]
 Article 18-2 (Reporting on Results of Implementing Plans for Measures)
A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall report the results of implementing a plan for measures to the Minister of Environment. <Amended on Nov. 28, 2017>
[This Article Wholly Amended on Apr. 5, 2011]
 Article 19 (Projects for Improving Contaminated Soil)
(1) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may order the relevant person responsible for remediation to wholly or partially execute a project for improving contaminated soil provided in Article 18 (2) 1. In such cases, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may require a soil-related specialized agency prescribed by Ordinance of the Ministry of Environment to guide and supervise the project for improving contaminated soil, if deemed necessary for soil conservation. <Amended on Mar. 24, 2014; Nov. 28, 2017>
(2) Where a person responsible for remediation intends to execute a project for improving contaminated soil under paragraph (1), he or she shall prepare a plan for such project and obtain approval thereof from the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Environment. The same shall also apply where any change is to be made to the important matters prescribed by Ordinance of the Ministry of Environment among the matters approved. <Amended on Mar. 24, 2014; Nov. 28, 2017>
(3) In the case of paragraph (1), where a person responsible for remediation does not exist or it is impracticable for such person to execute a project for improving contaminated soil, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may execute such project. <Amended on Mar. 24, 2014; Nov. 28, 2017>
(4) In the case of paragraph (3), where the relevant area requiring measures extends over at least two Special Self-Governing Cities and Sis/Guns/Gus, a Special Self-Governing City Mayor or the head of a Si/Gun/Gu prescribed by Presidential Decree shall implement the relevant project for improving contaminated soil. <Amended on Nov. 28, 2017>
(5) Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to execute a project for improving contaminated soil under paragraph (3) or (4) but such implementation is impracticable due to lack of technology, excessive project costs, etc., the Minister of Environment or a Mayor/Do Governor may provide technological and financial support for the relevant project upon request from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu. <Amended on Nov. 28, 2017>
[This Article Wholly Amended on Apr. 5, 2011]
 Article 20 (Limitation on Use of Land)
A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may limit, in an area requiring measures, the use of land or the installation of facilities deemed likely to defeat the purpose of the designation of such area, as prescribed by Presidential Decree. <Amended on Nov. 28, 2017>
[This Article Wholly Amended on Apr. 5, 2011]
 Article 21 (Limitation on Acts)
(1) No person shall dump into the soil, in an area requiring measures, the specific substances harmful to water quality under subparagraph 8 of Article 2 of the Water Environment Conservation Act, the wastes under subparagraph 1 of Article 2 of the Wastes Control Act, the hazardous chemical substances under subparagraph 7 of Article 2 of the Chemical Substances Control Act, the waste water and foul waste under subparagraphs 1 and 2 of Article 2 of the Sewerage Act, or the livestock excreta under subparagraph 2 of Article 2 of the Act on the Management and Use of Livestock Excreta: Provided, That the acts prescribed by Ordinance of the Ministry of Environment shall be excluded herefrom. <Amended on May 25, 2010; Jun. 4, 2013; Jan. 17, 2017>
(2) No person shall install facilities prescribed by Presidential Decree and deemed likely to defeat the purpose of the designation of an area requiring measures in such area. <Amended on Apr. 5, 2011>
(3) Where soil was or is deemed likely to be contaminated due to the acts or the installation of facilities as referred to in paragraphs (1) and (2), a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may order a person who has performed such acts to eliminate soil contaminants or an installer of such facilities to remove the facilities. <Amended on Apr. 5, 2011; Nov. 28, 2017>
[Title Amended on Apr. 5, 2011]
 Article 22 (Cancellation of Designation of Areas Requiring Measures)
(1) Where an area requiring measures designated under Article 17 (1) falls under any of the following, the Minister of Environment may cancel or change the designation:
1. Where the level of soil contamination is improved to the remediation levels under Article 15-3 (1) after a plan for measures is formulated and implemented;
2. Where it is inevitable for public interest;
3. Where the purpose of designating an area requiring measures ceases to exist due to an act of God or any other reasons.
(2) Article 17 (2) and (4) shall apply mutatis mutandis to the cancellation or change of the designation of an area requiring measures as provided in paragraph (1).
[This Article Wholly Amended on Apr. 5, 2011]
 Article 23
[Previous Article 23 moved to Article 10-3 <Dec. 31, 2004>]
CHAPTER III-2 SOIL-RELATED SPECIALIZED AGENCY AND SOIL REMEDIATION BUSINESS
 Article 23-2 (Classification and Designation of Soil-Related Specialized Agencies)
(1) Soil-related specialized agencies shall be classified as follows: <Amended on Jun. 1, 2012; Nov. 28, 2017>
1. A soil environment assessment agency: An agency that assesses the soil environment;
2. A risk assessment agency: An agency that assesses risks;
3. A soil contamination status survey agency: An agency that conducts the following duties:
(a) A detailed soil survey;
(b) An inspection of soil contamination levels under Article 13 (3);
(c) Verification of soil remediation under Article 15-6 (1);
(d) Guidance and supervision of projects for improving contaminated soil under Article 19 (1);
(e) Any other surveys to ascertain the current status, etc. of soil contamination pursuant to this Act or other statutes or regulations;
4. A leakage inspection agency: An agency that inspects leakage under Article 13 (3).
(2) A person who intends to become a soil-related specialized agency classified under the subparagraphs of paragraph (1) shall have inspection facilities, equipment, and technological capabilities as prescribed by Presidential Decree to be designated by the Minister of Environment or a Mayor/Do Governor as specified in the following. The same shall also apply where any change is made to the matters prescribed by Presidential Decree among the matters designated: <Newly Inserted on Jun. 1, 2012>
1. A soil environment assessment agency under paragraph (1) 1 and a risk assessment agency under paragraph (1) 2: The Minister of Environment;
2. A soil contamination status survey agency under paragraph (1) 3 and a leakage inspection agency under paragraph (1) 4: A Mayor/Do Governor.
(3) A soil contamination status survey agency under paragraph (1) 3 shall be designated from among any of the following: Provided, That the agencies prescribed by Presidential Decree shall be deemed designated as a soil contamination status survey agency under paragraph (1): <Amended on Jun. 1, 2012>
1. A regional environmental agency;
2. A national and public research institute;
3. A university and college under subparagraphs 1 through 6 of Article 2 of the Higher Education Act;
4. A special corporation established under special Acts;
5. A non-profit corporation permitted to be established by the Minister of Environment.
(4) Where the Minister of Environment or a Mayor/Do Governor designates a soil-related specialized agency, he or she shall issue a certificate of designation and publicly announce such designation. <Amended on Jun. 1, 2012>
(5) Matters to be observed by soil-related specialized agencies, fees for inspection, and other necessary matters shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Jun. 1, 2012>
(6) A soil environment assessment agency and a risk assessment agency designated under paragraph (2) 1 may allow a soil contamination status survey agency designated under subparagraph 2 of that paragraph to collect or analyze soil samples on their behalf for soil environment assessment or risk assessment. <Amended on Jun. 1, 2012>
[This Article Wholly Amended on Apr. 5, 2011]
[Title Amended on Jun. 1, 2012]
 Article 23-3 (Grounds for Disqualification of Soil-Related Specialized Agencies)
None of the following persons shall be designated as a soil-related specialized agency: <Amended on Feb. 3, 2015; Nov. 26, 2019>
1. A person under adult guardianship or a person under limited guardianship;
2. A person declared bankrupt and not yet reinstated;
3. A person for whom two years have not elapsed since the revocation of designation under Article 23-6 (excluding where designation was revoked as he or she falls under subparagraph 1 or 2 of this Article);
4. A person for whom two years have not elapsed since his or her imprisonment with labor or heavier punishment declared by a court for violating this Act was completely executed (including where the execution is deemed completed) or exempted;
5. A corporation that employs a person falling under any of subparagraphs 1 through 4 as its executive officer.
[This Article Wholly Amended on Apr. 5, 2011]
 Article 23-4 (Prohibition on Lending Written Designation of Soil-Related Specialized Agencies)
A person designated as a soil-related specialized agency shall be prohibited from permitting other persons to perform the work of the soil-related specialized agency under his or her name or from lending the written designation of the agency to other persons.
[This Article Wholly Amended on Apr. 5, 2011]
 Article 23-5 (Prohibition on Concurrently Conducting Other Business)
Neither a person designated as a risk assessment agency pursuant to Article 23-2 (2) 1 nor a person designated as a soil contamination status survey agency pursuant to subparagraph 2 of that paragraph among soil-related specialized agencies may concurrently conduct soil remediation business. <Amended on Jun. 1, 2012>
[This Article Wholly Amended on Apr. 5, 2011]
 Article 23-6 (Revocation of Designation of Soil-Related Specialized Agencies)
(1) Where a soil-related specialized agency falls under any of the following, the Minister of Environment or a Mayor/Do Governor shall revoke the designation: <Amended on Jun. 1, 2012>
1. Where it is designated by fraud or other improper means;
2. Where it comes to fall under any of the subparagraphs of Article 23-3: Provided, That the same shall not apply where a corporation which employs an executive officer falling under subparagraph 5 of Article 23-3 replaces him or her with another person within three months;
3. Where it concurrently conducts soil remediation business, in violation of Article 23-5.
(2) Where a soil-related specialized agency falls under any of the following, the Minister of Environment or a Mayor/Do Governor may revoke the designation of such agency or order it to suspend its business for up to six months: <Amended on Jun. 1, 2012>
1. Where it fails to meet the designation standards under Article 23-2 (2);
2. Where it allows other persons to perform the work of the soil-related specialized agency under its name or lends its certificate of designation to other persons, in violation of Article 23-4;
3. Where it falsely or insufficiently prepares the results of an inspection or assessment by intention or gross negligence;
4. Where it falsely conducts a detailed soil survey under Article 11 (3), 14 (1), or 15 (1) by intention or gross negligence, reducing the scale of contaminated soil below that subject to verification of the remediation process under the proviso of Article 15-6 (1);
5. Where it conducts duties relating to an inspection of soil contamination levels, a leakage inspection, a soil environment assessment, or a risk assessment during the period of suspension of business;
6. Where a person other than technical personnel not meeting the requirements for designation with regard to technological capabilities under Article 23-2 (2) conducts an inspection or assessment and notifies the results thereof.
(3) Where a soil-related specialized agency falls under any of the following, the Minister of Environment or a Mayor/Do Governor may order the agency to suspend its business for up to six months: <Amended on Jun. 1, 2012; Nov. 28, 2017>
1. Where it poorly conducts verification of soil remediation under Article 15-6, failing to treat contaminated soil within the remediation levels under Article 15-3 (1);
2. Where it fails to commence its business within two years after it is designated as a soil-related specialized agency (excluding where it is deemed designated as a soil contamination status survey agency under the proviso of Article 23-2 (3)) or has no record of business performance for at least two consecutive years without good reason;
3. Where it fails to notify the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu of the results of a detailed survey without delay under Articles 11 (4), 14 (2), and 15 (2);
4. Where it presents a false opinion concerning approval for exemption from a soil contamination inspection under Article 13 (2);
5. Where it fails to notify the results of a soil contamination inspection to the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu and the head of the competent fire station under Article 13 (4);
6. Where it violates the matters to be observed by soil-related specialized agencies under Article 23-2 (5);
7. Where it fails to submit a report or data, in violation of Article 26-2 (2), or submits a false report or data.
[This Article Wholly Amended on Apr. 5, 2011]
 Article 23-7 (Registration of Soil Remediation Business)
(1) A person who intends to conduct soil remediation business shall have facilities (including facilities for bringing in contaminated soil for its remediation, where such contaminated soil is shipped out for its remediation under the proviso of Article 15-3 (3)), equipment, technical personnel, etc. that are prescribed by Presidential Decree to file for registration of such business with a Mayor/Do Governor. The same shall also apply where any change is made to the matters prescribed by Presidential Decree among the matters registered. <Amended on Jun. 1, 2012>
(2) Where a person files for registration of soil remediation business, a Mayor/Do Governor shall issue a registration certificate to him or her, as prescribed by Ordinance of the Ministry of Environment. <Amended on Jun. 1, 2012>
[This Article Wholly Amended on Apr. 5, 2011]
 Article 23-8 (Grounds of Disqualification for Registration of Soil Remediation Business)
 Article 23-3 shall apply mutatis mutandis to a person who intends to file for registration of soil remediation business pursuant to Article 23-7 (1). In such cases, "soil-related specialized agency" shall be construed as "soil remediation business" and "designation" as "registration," respectively.
[This Article Wholly Amended on Apr. 5, 2011]
 Article 23-9 (Matters to Be Observed by Soil Remediation Business Entities)
(1) No soil remediation business entity shall allow other persons to conduct soil remediation business under its name or trade name or lend its registration certificate to other persons.
(2) No soil remediation business entity shall subcontract in bulk the contracted work for soil remediation (hereinafter referred to as "soil remediation work") or any work directly related to soil remediation that is prescribed by Presidential Decree among soil remediation work: Provided, That the same shall not apply where there exists any unavoidable reason prescribed by Presidential Decree such as an act of God.
(3) Except as provided in paragraphs (1) and (2), the matters to be observed by soil remediation business entities when they perform affairs related to soil remediation shall be prescribed by Ordinance of the Ministry of Environment.
[This Article Wholly Amended on Apr. 5, 2011]
 Article 23-10 (Revocation of Registration of Soil Remediation Business)
(1) Where a soil remediation business entity falls under any of the following, a Mayor/Do Governor shall revoke its registration: <Amended on Jun. 1, 2012>
1. Where it files for registration by fraud or other improper means;
2. Where it comes to fall under any of the subparagraphs of Article 23-3 which shall apply mutatis mutandis under Article 23-8: Provided, That the same shall not apply where a corporation which employs an executive officer falling under subparagraph 5 of Article 23-3 replaces him or her with another person within three months;
3. Where it conducts business activities during the period of suspension of business.
(2) Where a soil remediation business entity falls under any of the following, a Mayor/Do Governor may revoke its registration or order it to suspend its business for up to six months: <Amended on Jun. 1, 2012>
1. Where it fails to perform remediation in conformity with the remediation levels and methods under Article 15-3 (1);
2. Where it fails to conduct on-site remediation or conducts off-site remediation at a location other than the facilities it owns, in violation of Article 15-3 (3);
3. Where it commits the act of lowering concentrations of contaminants by mixing contaminated soil with other soil, in violation of Article 15-3 (7) 1;
4. Where it keeps contaminated soil in excess of the capacity of the facilities that it has registered, in violation of Article 15-3 (7) 2;
5. Where it commits the act of dumping, burying, discharging, or leaking contaminated soil, in violation of Article 15-4;
6. Where it ships out contaminated soil before a soil-related specialized agency completes verification of such soil, in violation of Article 15-6 (5);
7. Where it falls short of the registration standards under Article 23-7 (1);
8. Where it allows other persons to conduct soil remediation business under its name or trade name or lends its registration certificate to other persons, in violation of Article 23-9 (1);
9. Where it subcontracts the contracted soil remediation work, in violation of Article 23-9 (2).
(3) Where a soil remediation business entity fails to commence its business within two years after filing for registration or has no record of business performance for at least two consecutive years without good reason, a Mayor/Do Governor may order such entity to suspend its business for up to six months. <Amended on Jun. 1, 2012>
[This Article Wholly Amended on Apr. 5, 2011]
 Article 23-11 (Work Continued by Soil Remediation Business Entities Subject to Revocation of Registration or Suspension of Business)
(1) A person subject to revocation of registration or suspension of business pursuant to Article 23-10 may conduct only soil remediation work commencing before the relevant measure is taken. In such cases, a person who continues soil remediation work shall be deemed a soil remediation business entity under this Act until the work is completed.
(2) A person subject to revocation of registration or suspension of business pursuant to Article 23-10 shall without delay notify the details of the relevant measure to a person who places an order for the relevant soil remediation work and a contractor.
(3) A person who awards or is awarded a contract for soil remediation work to/from a soil remediation business entity may terminate the contract only within 30 days from the date he or she is notified by the relevant soil remediation business entity under paragraph (2) or becomes aware of such fact unless there is a compelling reason not to do so.
[This Article Wholly Amended on Apr. 5, 2011]
 Article 23-12 (Succession to Rights and Obligations)
(1) Any of the following persons shall succeed to the rights and obligations arising from the designation or registration of a person designated as a soil-related specialized agency under Article 23-2 or a person filing for registration of soil remediation business under Article 23-7. In such cases, an inheritor who is disqualified on any ground referred to in Article 23-3 or 23-8 shall transfer the soil-related specialized agency or soil remediation business to another person within three months:
1. Where a person designated as a soil-related specialized agency or a person filing for registration of soil remediation business dies, the inheritor;
2. Where a person designated as a soil-related specialized agency transfers such agency or a person filing for registration of soil remediation business transfers such business, the transferee;
3. Where a corporation designated as a soil-related specialized agency or a corporation registered as a soil remediation business entity is merged, the corporation which survives or is newly established after such merger.
(2) A person who acquires a soil-related specialized agency or soil remediation business under any of the following procedures shall succeed to the rights and obligations arising from the previous designation or registration under this Act: <Amended on Dec. 27, 2016>
1. An auction under the Civil Execution Act;
3. Sale of attached property under the National Tax Collection Act, the Customs Act, or the Local Tax Collection Act;
4. Procedures corresponding to those under any of subparagraphs 1 through 3.
(3) A person who succeeds to the status of a soil-related specialized agency or soil remediation business entity pursuant to paragraph (1) or (2) shall file a report thereon with the Minister of Environment or a Mayor/Do Governor within one month from the date of such succession, as prescribed by Ordinance of the Ministry of Environment. <Amended on Jun. 1, 2012>
[This Article Wholly Amended on Apr. 5, 2011]
 Article 23-13 (Succession to Effect of Administrative Dispositions)
Where a person who is designated as a soil-related specialized agency pursuant to Article 23-2 or a person who files for registration of soil remediation business pursuant to Article 23-7 dies or transfers the soil-related specialized agency or soil remediation business or where a merger of corporations takes place, the transferee, inheritor, or corporation newly established after or surviving the merger shall succeed to the effect of the administrative disposition made to the previous soil-related specialized agency or soil remediation business entity for violating each subparagraph of Article 23-6 or 23-10 for one year from the date the period of such disposition expires, and where the procedures for the administrative disposition are underway, such procedures may continue with regard to the transferee, inheritor, or corporation newly established after or surviving the merger: Provided, That the same shall not apply where such transferee or corporation verifies that it does not learn of the disposition or violation at the time of the acquisition or merger.
[This Article Wholly Amended on Apr. 5, 2011]
 Article 23-14 (Training of Technical Personnel by Soil-Related Specialized Agencies)
(1) The technical personnel that works for any soil-related specialized agency and any soil remediation business shall undergo training, as prescribed by Ordinance of the Ministry of Environment.
(2) An employer of persons required to undergo training under paragraph (1) shall require them to do so. In such cases, the expenses incurred in such training shall be borne by the employer.
[This Article Wholly Amended on Apr. 5, 2011]
CHAPTER IV SUPPLEMENTARY PROVISIONS
 Article 24 (Vicarious Execution)
Where a person subject to a soil contamination inspection under Article 13 (1) or a person given any of the following orders fails to undergo such inspection or comply with the relevant order, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may vicariously execute the inspection or the order, as prescribed by the Administrative Vicarious Execution Act, and may collect the relevant expenses from the person who has violated the order: <Amended on Nov. 28, 2017>
1. An order under Articles 11 (3) and 14 (1);
2. An order to undergo a detailed soil survey under Article 15 (1);
3. An order under Article 15 (3);
4. An order to implement a project for improving contaminated soil under Article 19 (1);
5. An order to eliminate soil contaminants or to remove facilities, etc. under Article 21 (3).
[This Article Wholly Amended on Apr. 5, 2011]
 Article 25 (Cooperation from Relevant Organizations)
Where deemed necessary to achieve the purpose of this Act, the Minister of Environment may request the head of the relevant central administrative agency or a Mayor/Do Governor to take the following measures:
1. Projects to cultivate agricultural soil, such as soil dressing to prevent soil contamination;
2. Measures to prevent mine pollution caused by tailings, etc. from abandoned mines in agricultural land, etc. around such mines;
3. Restoration of soil damaged by the installation of industrial facilities, etc.;
4. Other matters prescribed by Ordinance of the Ministry of Environment as necessary for soil conservation.
[This Article Wholly Amended on Apr. 5, 2011]
 Article 26 (State Subsidy)
The State may subsidize or finance the soil conservation project promoted by a local government, within the budget.
[This Article Wholly Amended on Apr. 5, 2011]
 Article 26-2 (Reporting and Inspections)
(1) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may order the installer of a specified facility subject to the control of soil contamination to submit data necessary for supervision, and may require public officials under his or her jurisdiction to enter such facility to inspect whether facilities for preventing soil contamination are installed, an soil contamination inspection is conducted, the results of such inspection are retained, and other matters, in any of the following cases: <Amended on Nov. 28, 2017; Nov. 26, 2019>
1. Where it is necessary to file a report on the installation of specified facilities subject to the control of soil contamination and to verify the status of the installation, maintenance, and management of such facilities under Article 12;
2. Where it is necessary to conduct a soil contamination inspection under Article 13 and verify whether such inspection is appropriate;
3. Where the installer falls under any of the subparagraphs of Article 14 (1) or it is necessary to verify whether he or she falls thereunder;
4. Where it is necessary to verify whether an order issued under Article 14 (1) or (3) is complied with;
5. Other cases where it is necessary to verify whether the installer of the specified facility subject to the control of soil contamination performs his or her duties under this Act.
(2) The Minister of Environment or a Mayor/Do Governor may request a soil-related specialized agency or a soil remediation business entity to submit a report or data necessary for supervision, and may require public officials under his or her jurisdiction to enter the office or place of business of such agency or business entity or other necessary places to inspect documents, facilities, equipment, etc., in any of the following cases: <Amended on Jun. 1, 2012; Nov. 26, 2019>
1. Where it is necessary to verify whether the agency or business entity falls under the subparagraphs of Article 23-6 (1), the subparagraphs of Article 23-6 (2), or the subparagraphs of Article 23-6 (3);
2. Where it is necessary to verify whether the agency or business entity falls under the subparagraphs of Article 23-10 (1) or the subparagraphs of Article 23-10 (2);
3. Other cases where it is necessary to verify whether the agency or business entity performs its duties under this Act.
(3) A Mayor/Do Governor or the head of a Si/Gun/Gu may require the owner, occupant, or operator of land where soil contamination occurs or of a facility subject to the control of soil contamination to submit necessary data, or may require public officials under his or her jurisdiction to enter the relevant land or facility to inspect documents, facilities, equipment, etc., in any of the following cases: <Newly Inserted on Mar. 24, 2014; Nov. 26, 2019>
1. Where it is necessary to issue an order to take measures under Article 11 (3);
2. Where it is necessary to issue an order to undergo a detailed soil survey under Article 15 (1) or to take measures falling under any of the subparagraphs of Article 15 (3);
3. Where it is necessary to order the relevant person responsible for remediation to wholly or partially implement a project for improving contaminated soil under Article 19 (1);
4. Other cases where it is necessary to verify whether the owner, occupant, or operator of the land where soil contamination occurs or of the facility subject to the control of soil contamination performs his or her duties under this Act.
(4) A public official who conducts an inspection under paragraphs (1) through (3) shall carry identification indicating his or her authority and present it to relevant persons. <Amended on Mar. 24, 2014>
(5) Matters necessary for reports, inspections, etc. under paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Nov. 26, 2019>
[This Article Wholly Amended on Apr. 5, 2011]
 Article 26-3 (Reporting on Current Status of Specified Facilities Subject to Control of Soil Contamination)
(1) The head of a Si/Gun/Gu shall submit the following materials for the preceding year to a Mayor/Do Governor by the end of January every year, as prescribed by Ordinance of the Ministry of Environment:
1. Current status of the installation of specified facilities subject to the control of soil contamination;
2. Results of a soil contamination inspection notified pursuant to Article 13 (4);
3. Details of an order to take measures and the results of a survey provided in Article 14.
(2) A Mayor/Do Governor shall compile the materials submitted pursuant to paragraph (1) and report such materials to the Minister of Environment by the end of February every year.
[This Article Wholly Amended on Apr. 5, 2011]
 Article 26-4 (Standards for Administrative Dispositions)
Detailed standards for administrative dispositions made under Articles 23-6 and 23-10 shall be prescribed by Ordinance of the Ministry of Environment, taking into account the types, severity, etc. of the relevant violation.
[This Article Wholly Amended on Apr. 5, 2011]
 Article 26-5 (Hearings)
The Minister of Environment, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall hold a hearing when he or she intends to make any of the following dispositions: <Amended on Jun. 1, 2012>
1. An order to remove facilities under Article 21 (3);
2. Revocation of the designation of a soil-related specialized agency under Article 23-6;
3. Revocation of the registration of soil remediation business under Article 23-10.
[This Article Wholly Amended on Apr. 5, 2011]
 Article 27 (Delegation and Entrustment of Authority)
(1) The Minister of Environment may delegate part of his or her authority under this Act to the heads of its affiliated agencies, as prescribed by Presidential Decree. <Amended on Jun. 1, 2012>
(2) The Minister of Environment may entrust part of his or her duties under this Act to Korea Environment Corporation under the Korea Environment Corporation Act and the Korea Environmental Industry and Technology Institute, as prescribed by Presidential Decree. <Newly Inserted on Jun. 1, 2012; Mar. 24, 2014>
[This Article Wholly Amended on Apr. 5, 2011]
[Title Amended on Jun. 1, 2012]
CHAPTER V PENALTY PROVISIONS
 Article 28 (Penalty Provisions)
A person who fails to comply with an order to implement a project for improving contaminated soil pursuant to Article 19 (1) or a person who implements such project without obtaining approval thereof pursuant to Article 19 (2) shall be punished by imprisonment with labor for up to five years or a fine not exceeding 50 million won. <Amended on Mar. 24, 2014>
[This Article Wholly Amended on Apr. 5, 2011]
 Article 29 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for up to two years or by a fine not exceeding 20 million won: <Amended on Jun. 1, 2012; Mar. 24, 2014>
1. A person who fails to comply with an order to take measures to remediate contaminated soil under Article 11 (3) or 14 (1);
2. A person who fails to comply with an order to suspend the use of specified facilities subject to the control of soil contamination under Article 14 (3);
3. A person who fails to comply with an order issued under Article 15 (3);
4. A person who entrusts remediation of contaminated soil, in violation of Article 15-3 (2);
5. A person who abandons or buries contaminated soil, in violation of subparagraph 1 of Article 15-4;
6. A person who fails to comply with an order to eliminate soil contaminants or remove facilities, etc. under Article 21 (3);
7. A person who performs the work of a soil-related specialized agency without obtaining designation under Article 23-2 (2);
8. A person who conducts soil remediation business without filing for registration thereof pursuant to Article 23-7 (1).
[This Article Wholly Amended on Apr. 5, 2011]
 Article 30 (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 May 25, 2010; Apr. 5, 2011; Jun. 1, 2012; Mar. 24, 2014; Dec. 13, 2022>
1. A person who falsely conducts a soil environment assessment not in conformity with the items, methods, and procedures under Article 10-2 (3) by intention or gross negligence;
1-2. A person who fails to file a report on the leakage or discharge of soil contaminants that occurs in the course of producing, transporting, storing, handling, processing, or treating such contaminants in violation of Article 11 (1);
1-3. A person who insufficiently conducts a detailed soil survey under Article 11 (3), 14 (1), or 15 (1) by intent or gross negligence, reducing the scale of contaminated soil below that subject to verification of the remediation process under the proviso of Article 15-6 (1);
2. A person who installs specified facilities subject to the control of soil contamination without filing a report under the former part of Article 12 (1) or falsely files a report;
3. A person who fails to install the facilities for preventing soil contamination, in violation of Article 12 (5);
4. A person who fails to comply with an order to install or improve facilities for preventing soil contamination pursuant to Article 14 (1);
5. A person who remediates contaminated soil, in violation of Article 15-3 (1);
6. A person who ships out contaminated soil for its remediation to a place other than the relevant site where contamination has occurred or to a place other than the facilities owned by a soil remediation business entity, in violation of Article 15-3 (3);
7. A person who lowers the concentrations of contaminants by mixing contaminated soil with other soil, in violation of Article 15-3 (7) 1;
8. A person who discharges or leaks contaminated soil, in violation of subparagraph 2 of Article 15-4;
8-2. A person who uses soil that has been remediated for soil in an area where a worrisome level is stricter than that of the remediated soil, in violation of subparagraph 3 of Article 15-4;
9. A person who fails to require a soil-related specialized agency to conduct verification, in violation of Article 15-6 (1);
10. A person who fails to comply with procedures, details, and methods with regard to verification under Article 15-6 (4) by intention or gross negligence and to treat contaminated soil within the remediation levels under Article 15-3 (1);
11. A person who ships out contaminated soil before verification is completed by a soil-related specialized agency, in violation of Article 15-6 (5);
12. A person who installs facilities in an area requiring measures, in violation of Article 21 (2);
13. A person who is designated as a soil-related specialized agency or files for registration of soil remediation business by fraud or other improper means;
14. A person who allows other persons to perform the work of a soil-related specialized agency under his or her name or lends his or her written designation to other persons, in violation of Article 23-4;
15. A person who allows other persons to conduct soil remediation business under his or her name or trade name or lends his or her registration certificate to other persons, in violation of Article 23-9 (1);
16. A person who subcontracts the contracted soil remediation work, in violation of Article 23-9 (2);
17. A person who refuses, obstructs, or evades the access and inspection by public officials under Article 26-2 (2).
[This Article Wholly Amended on Dec. 31, 2004]
 Article 31 (Joint Penalty Provisions)
If the representative of a corporation or an agent, employee of, or any other person employed by a corporation or individual commits an offense prescribed in Articles 28 through 30 in conducting the business affairs of such corporation or individual, not only shall the offender be punished but the corporation or the individual shall be punished by a fine under the relevant Article: Provided, That the same shall not apply where the corporation or the individual has not been negligent in giving due attention and supervision concerning the relevant business affairs to prevent such offense.
[This Article Wholly Amended on May 25, 2010]
 Article 32 (Administrative Fines)
(1) Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Amended on Jun. 1, 2012; Mar. 24, 2014; Nov. 28, 2017>
1. A person who finds that soil has been contaminated but fails to file a report thereon, in violation of Article 11 (1);
2. A person who fails to enter the details of a soil transfer form into the contaminated soil information system, in violation of Article 15-3 (6);
3. A person who refuses, obstructs, or evades the access and inspection by a public official under Article 26-2 (1) or (3).
(2) Any of the following persons shall be punished by an administrative fine not exceeding two million won: <Amended on Jun. 1, 2012; Nov. 28, 2017>
1. A person who obstructs or rejects the activities of the relevant public officials or employees of a soil-related specialized agency pursuant to Article 8 (5) without good reason;
1-2. A person who fails to cooperate with a person responsible for remediation in performing soil remediation, etc., in violation of Article 10-4 (6);
2. A person who fails to comply with an order to conduct a detailed soil survey pursuant to Article 11 (3), 14 (1), or 15 (1);
3. A person who fails to notify a Mayor/Do Governor or the head of a Si/Gun/Gu of the results of a detailed soil survey without delay, in violation of Article 11 (4), 14 (2), or 15 (2);
4. A person who fails to file a report on changes (including the closure of facilities), in violation of the latter part of Article 12 (1);
5. A person who fails to undergo an inspection or to retain the results of the inspection pursuant to Article 13 (1) or (4);
5-2. A person who fails to notify the results of a soil contamination inspection to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu and the head of a fire station, in violation of Article 13 (4);
5-3. A person who ships out contaminated soil for its remediation without being notified of appropriateness of a plan for shipping out contaminated soil for its remediation plan, in violation of Article 15-3 (4);
5-4. A person who falsely enters the details of a soil transfer form under Article 15-3 (6) or insufficiently enters such details, such as omitting part of the details;
6. A person who fails to submit a plan for remediating contaminated soil or a changed plan for remediating contaminated soil pursuant to Article 15-6 (2);
7. A person who refuses, obstructs, or evades guidance and supervision pursuant to Article 19 (1);
8. A person who abandons specific substances harmful to water quality, wastes, hazardous chemical substances, waste water and foul waste, or livestock excreta in an area requiring measures, in violation of Article 21 (1);
9. A person who fails to obtain changed designation pursuant to the latter part, with the exception of the subparagraphs, of Article 23-2 (2);
10. A person who fails to observe matters pursuant to Articles 23-2 (5) or 23-9 (3);
11. A person who fails to register the changed matters pursuant to the latter part of Article 23-7 (1);
11-2. A person who fails to file a report, in violation of Article 23-12 (3);
12. A person who fails to receive training or require other persons to receive training, in violation of Article 23-14 (1) or (2);
13. A person who fails to submit a report or data in violation of Article 26-2 (1) or (2) or submits a false report or data.
(3) The Minister of Environment, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall impose and collect administrative fines under paragraphs (1) and (2), as prescribed by Presidential Decree.
[This Article Wholly Amended on May 25, 2010]
ADDENDA <Act No. 4906, Jan. 5, 1995>
(1) (Enforcement Date) This Act shall enter into force one year following the date of its promulgation.
(2) (Transitional Measures concerning Installer of Facilities Inducing Soil Contamination) The person who is in the process of installing the facilities inducing soil contamination (including those who operates such the facilities) at the time of the enforcement of this Act, shall make a report to the Mayor/Do Governor with respect to the matters as prescribed in Article 11 (1), and take preventive measures against soil contamination as prescribed in Article 11 (2), within six months after the enforcement date of this Act.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDUM <Act No. 5878, Feb. 8, 1999>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 6452, Mar. 28, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2002.
Article 2 (Transitional Measures for Result of Regular Measuring)
The result of regular measuring of the measurement networks installed by the Mayor/Do Governor under the previous provisions at the time of enforcement of this Act shall be deemed to be the result of investigation of actual conditions of soil contamination under the amendments to Article 5 (2).
Article 3 (Transitional Measures for Facilities Inducing Soil Contamination)
Activities of reports, etc. filed with the Mayor/Do Governor and activities of corrective orders, etc. by the Mayor/Do Governor in connection with the facilities inducing soil contamination under the previous provisions at the time of enforcement of this Act shall be deemed to be activities against the Mayor/Do Governor or activities by the Mayor/Do Governor in connection with the facilities inducing a specific soil contamination under this Act.
Article 4 (Transitional Measures for Soil-Related Specialized Agency)
The soil-related specialized agency under the previous provisions at the time of enforcement of this Act shall be deemed to be the soil-related specialized agency designated under the amendments to Article 23-2.
Article 5 (Transitional Measures for Penalty Provisions)
In applying penalty provisions to activities committed prior to the enforcement of this Act, the previous provisions shall govern.
Article 6 Omitted.
ADDENDA <Act No. 6627, Jan. 26, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 6656, Feb. 4, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2003.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 6846, Dec. 30, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 6893, May 29, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA<Act No. 7291, Dec. 31, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 15-3 (2) and (3), 15-6, 23-2 (1) 1 (d) and (e) and 23-14 shall enter into force one year after the date of its promulgation.
Article 2 (Applicability concerning Soil Purification Work)
The amended provisions of Article 15-3 (2), Article 15-6 and Article 23-9 (2) shall apply to the soil purification work that is performed on and after the enforcement of this Act.
Article 3 (Applicability concerning Administrative Disposition Taken to Soil-Related Specialized Agency)
In taking an administrative disposition provided in the amended provisions of subparagraph 7 of Article 23-6 to anyone who is designated as the soil-related specialized agency at the time of the enforcement of this Act, the date on which its business commences shall be deemed the date on which this Act enters into force.
Article 4 (Transitional Measures concerning Areas Requiring Countermeasures)
The development and implementation of any countermeasure plan, restrictions on the use of lands, etc. and restrictions on any act for and in the area that is designated as an area requiring countermeasures pursuant to the previous provisions at the time of the enforcement of this Act shall be governed by the previous provisions, notwithstanding the amended provisions of Articles 18, 20 and 21.
Article 5 (Transitional Measures concerning Ground of Disqualification of Soil-Related Specialized Agency)
The amended provisions of subparagraph 4 or 5 of Article 23-3 shall not apply to anyone who is designated as the soil-related specialized agency at the time of the enforcement of this Act for 2 years from the date on which this Act enters into force.
Article 6 (Transitional Measures concerning Registration of Soil Purification Business)
Anyone who runs the soil purification business at the time of the enforcement of this Act shall have his/her business registered with the Minister of Environment within 3 months from the date on which this Acts enters into force in accordance with the amended provisions of Article 23-7.
Article 7 Omitted.
ADDENDA <Act No. 7428, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 7459, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8010, Sep. 27, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8014, Sep. 27, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDA <Act No. 8038, Oct. 4, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 8352, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA <Act No. 8466, May 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 8469, May 17, 2007>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 10219, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 10314, May 25, 2010>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures) The previous penalty provisions shall apply to the acts committed before this Act enters into force.
ADDENDA<Act No. 10551, Apr. 5, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force from the date on which six months lapse after the promulgation of this Act.
Article 2 (Applicability concerning Revocation of Registration)
The amended provisions of Article 23-10 shall apply from the revocation of registration or the case where grounds for suspension of business take place for the first time after the enforcement of this Act.
Article 3 (Transitional Measures concerning Designation of Soil Environment Assessment Agency)
Any person who is designated as a soil contamination survey agency pursuant to the previous provisions of Article 23-2 (1) 1 at the time this Act enters into force may perform business of the agent to assess soil environment pursuant to the amended provisions of Article 23-2 (1) 3: Provided, That he/she shall obtain designation of the soil environment assessment agency within one year after the enforcement of this Act, meeting the requirements of facilities, equipment, and technical capability pursuant to the part other than each subparagraph of Article 23-2 (1).
ADDENDA <Act No. 11461, Jun. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 11464, Jun. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 (Applicability concerning Ship-Out and Purification of Contaminated Soil)
The amended provisions of Article 15-3 shall apply to a person who purifies contaminated soil by shipping it to other facilities on and after the enforcement of this Act.
Article 3 (General Transitional Measures concerning Dispositions, etc.)
Any act of, or toward, an administrative agency pursuant to the previous provisions at the time this Act enters into force shall be deemed an act of, or toward, an administrative agency pursuant to the corresponding provisions of this Act.
Article 4 (Transitional Measures concerning Change of Person Having Authority to Designate Soil Contamination Survey Agencies and Leakage Inspection Agencies)
Any person who has been designated as a soil contamination survey agency or a leakage inspection agency pursuant to the previous provisions of this Act at the time of this Act enters into force shall be deemed to have been designated by the Mayor/Do Governor pursuant to the amended provisions of Article 23-2 (2).
Article 5 (Transitional Measures concerning Change of Authority for Registration of Soil Purification Business)
Any person whose soil purification business has been registered pursuant to the previous provisions of this Act at the time of this Act enters into force shall be deemed that his/her soil purification business has been registered with the Mayor/Do Governor pursuant to the amended provisions of Article 23-7.
ADDENDA <Act No. 11862, Jun. 4, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2015.
Articles 2 through 12 Omitted.
ADDENDUM <Act No. 12522, Mar. 24, 2014>
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Articles 28 through 30 shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13169, Feb. 3, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Disqualifications of an Incompetent, etc.)
A person under adult guardianship or a person under limited guardianship prescribed in the amended provisions of Subparagraph 1 of Article 23-3 shall be deemed to have included a person for whom the effect of the sentence of incompetence or quasi-incompetence is maintained as provided for in Article 2 of the Addenda of a partial amended Act No. 10429 of the Civil Act.
ADDENDUM <Act No. 13533, Dec. 1, 2015>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 12-2 shall enter into force six months after its promulgation.
ADDENDA <Act No. 13534, Dec. 1, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force after one year after its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 14476, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force after three months after its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 14532, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That amendments to Acts already promulgated but which have not yet entered into force before this Act enters into force, among Acts amended pursuant to Article 6 of the Addenda, shall enter into force on the dates the respective Acts enter into force.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 15102, Nov. 28, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 4-3 (1) 1-2, 4-5, 10-4 (5) through (7), 15-3 (6), (8) and (9), 32 (1) 2, and 32 (2) 1-2 and 5-4 shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Obligations to Cooperate in Soil Purification, etc.)
The amended provisions of Article 10-4 (6) shall begin to apply from the first soil purification, etc. performed by a person responsible for purification upon receipt of an order for soil purification, etc. under Article 11 (3), 14 (1), 15 (1) or (3), or 19 (1) after the same amended provisions enter into force.
Article 3 (Transitional Measures concerning Administrative Fines)
An administrative fine shall be imposed pursuant to the former provisions for any offense committed before the amended provisions of Article 15-3 (6) enter into force, notwithstanding the amended provisions of Article 32 (1) 2 and (2) 5-4.
ADDENDA <Act No. 15658, Jun. 12, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability concerning Purification of Soil Contaminated with Persistent Pollutants)
The amended provision of Article 15-8 shall begin to apply to the purification of soil contaminated with persistent pollutants, etc. after this Act enters into force.
Article 3 (Transitional Measures concerning Persistent Pollutants)
As the Minamata Convention on Mercury comes into effect in the Republic of Korea, "Persistent Organic Pollutants Control Act" and "persistent organic pollutants" in the amended provision of Article 15-8 (1) shall be regarded as "Persistent Pollutants Control Act" and "persistent pollutants", respectively on and after the date the Persistent Organic Pollutants Control Act, as partially amended by Act No. 13886, enters into force.
ADDENDUM <Act No. 16613, Nov. 26, 2019>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of subparagraph 3 of Article 23-3 shall enter into force on the date of its promulgation.
ADDENDA <Act No. 19090, Dec. 13, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation.
Article 2 (Applicability to Reporting on Specified Facilities Subject to Control of Soil Contamination)
The amended provisions of Article 12 (2) and (3) shall begin to apply to the cases where a report or a report on change is filed on the specified facilities subject to the control of soil contamination on or after the date this Act enters into force.
Article 3 Omitted.