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Enforcement Rules of the Noise and Vibration Control Act

Wholly Amended by Ordinance Of the Ministry of Environment No. 247, Sep. 13, 2007

Amended by Ordinance Of the Ministry of Environment No. 251, Oct. 24, 2007

Ordinance Of the Ministry of Environment No. 261, Dec. 10, 2007

Ordinance Of the Ministry of Environment No. 269, Dec. 31, 2007

Ordinance Of the Ministry of Environment No. 278, Feb. 26, 2008

Ordinance Of the Ministry of Environment No. 281, Mar. 3, 2008

Ordinance Of the Ministry of Environment No. 317, Jan. 5, 2009

Ordinance Of the Ministry of Environment No. 321, Jan. 14, 2009

Ordinance Of the Ministry of Environment No. 335, jun. 30, 2009

Ordinance Of the Ministry of Environment No. 374, jun. 30, 2010

Ordinance Of the Ministry of Environment No. 409, Mar. 31, 2011

Ordinance Of the Ministry of Environment No. 428, Oct. 28, 2011

Ordinance Of the Ministry of Environment No. 436, Dec. 30, 2011

Ordinance Of the Ministry of Environment No. 493, Dec. 31, 2012

Ordinance Of the Ministry of Environment No. 503, Mar. 23, 2013

Ordinance Of the Ministry of Environment No. 523, Nov. 4, 2013

Ordinance Of the Ministry of Environment No. 535, Jan. 6, 2014

Ordinance Of the Ministry of Environment No. 544, Feb. 6, 2014

Ordinance Of the Ministry of Environment No. 546, Feb. 14, 2014

Ordinance Of the Ministry of Environment No. 553, Apr. 30, 2014

Ordinance Of the Ministry of Environment No. 583, Dec. 24, 2014

Ordinance Of the Ministry of Environment No. 587, Jan. 2, 2015

Ordinance Of the Ministry of Environment No. 618, Oct. 30, 2015

Ordinance Of the Ministry of Environment No. 625, Dec. 8, 2015

Ordinance Of the Ministry of Environment No. 627, Dec. 16, 2015

Ordinance Of the Ministry of Environment No. 628, Dec. 22, 2015

Ordinance Of the Ministry of Environment No. 674, Jul. 28, 2016

Ordinance Of the Ministry of Environment No. 684, Dec. 30, 2016

Ordinance Of the Ministry of Environment No. 711, Sep. 8, 2017

Ordinance Of the Ministry of Environment No. 734, Dec. 29, 2017

Ordinance Of the Ministry of Environment No. 745, Jan. 17, 2018

Ordinance Of the Ministry of Environment No. 833, Dec. 20, 2019

Ordinance Of the Ministry of Environment No. 844, Dec. 31, 2019

Ordinance Of the Ministry of Environment No. 942, Sep. 16, 2021

 Article 1 (Purpose)
The purpose of these rules is to define the matters entrusted by the Noise and Vibration Control Act and the Enforcement Decree of the same Act and the other matters necessary for the enforcement thereof. <Amended on Jun. 30, 2010>
 Article 2 (Location Where Noise is Generated)
In subparagraph 1 of Article 2 of the Act, “multi-unit housing (referring to multi-unit housing defined in subparagraph 3 of Article 2 of the Housing Act; hereinafter the same shall apply) or other places determined by Ordinance of the Ministry of Environment” refer to the following places: <Amended on Dec. 31, 2019>
1. Multi-family housing under subparagraph 3 of Article 2 of the Housing Act;
2. Places of business in each of the following:
(a) Karaoke businesses defined in subparagraph 13 of Article 2 of the Music Industry Promotion Act;
(b) Among the sports facility businesses requiring reporting under Article 10 (1) 2 of the Installation and Utilization of Sports Facilities Act, physical gymnasium businesses, physical training hall businesses, dance institute businesses, and dance hall businesses;
(c) Among private teaching institutes and teaching schools under subparagraphs 1 and 2 of Article 2 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons, private teaching institutes and teaching schools for teaching music;
(d) Karaoke bar businesses and entertainment bar businesses under subparagraphs 8 (c) and (d) of Article 21 of the Enforcement Decree of the Food Sanitation Act;
[This Article Wholly Amended on Feb. 14, 2014]
 Article 2-2 (Noise and Vibration Emission Facilities)
Noise and vibration emission facilities (hereinafter referred to as “emission facilities”) in accordance with subparagraph 3 of Article 2 of the Noise and Vibration Control Act (hereinafter referred to as the “Act”) shall be as indicated in the Attached Table 1. <Amended on Jun. 30, 2010>
[Moved from Article 2 <June 30, 2010>]
 Article 3 (Noise and Vibration Preventive Facilities, etc.)
Noise and vibration preventive facilities (hereinafter referred to as “preventive facilities”), soundproof facilities and vibration-proof facilities under subparagraphs 4 through 6 of Article 2 of the Act shall be as indicated in the Attached Table 2.
 Article 4 (Types of Motor Vehicles)
Types of motor vehicles under subparagraph 9 of Article 2 of the Act shall be as indicated in the Attached Table 3.
 Article 5 (Types of Noise-Generating Construction Machinery)
Types of noise-generating construction machinery under subparagraph 10 of Article 2 of the Act shall be as indicated in the Attached Table 4.
 Article 5-2 (Types of Portable Sound Systems)
Types of portable sound systems under subparagraph 11 of Article 2 of the Act shall be as follows:
1. Portable systems for playing music files provided with earphones [limited to audio file converters (MP3 players) and portable multimedia players (PMPs)];
2. Portable phones that serve to play music files provided with earphones.
[Newly Inserted on Jan. 6, 2014]
 Article 6 (Submission of Regular Measurement Data)
The Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Province Governor, and Special Self-Governing Province Governor (hereinafter referred to as “Mayor/Do Governor”) shall submit data on noise and vibration measured regularly under Article 3 (2) of the Act every quarter to the Minister of Environment by the end of the following month. <Amended on Jun. 30, 2010; Jan. 6, 2014>
 Article 7 (Public Notice on Measuring Networks Installation Program)
(1) In accordance with Article 4 (1) of the Act, the measuring networks installation plan publicly notified by the Minister of Environment and Mayor/Do Governor shall include the following:
1. Installation time of the measuring networks;
2. Layout of the measuring networks;
3. Location and area of the land or building where the measuring station will be installed.
(2) The public notice on the measuring networks installation program shall be made three months prior to the installment of
the first measuring station.
(3) Where the Mayor/Do Governor intends to decide and publicly notify measuring networks installation program under paragraph (1), he/she shall hear the opinions of the Minister of Environment in connection with the installation location, etc. <Amended on Jun. 30, 2010>
 Article 7-2 (Drawing-Up of Noise Maps, etc.)
(1) Where the Minister of Environment or Mayor/Do Governor intends to draw up a noise map (hereinafter referred to as “noise map”) under Article 4-2 of the Act, he/she shall publicly notify a plan for drawing up a noise map that includes the following: Provided, That if the Mayor/Do Governor intends to publicly notify the plan for drawing up a noise map, he/she shall consult with the Minister of Environment in advance:
1. Period of drawing up a noise map;
2. Scope of drawing up a noise map;
3. Plan to use the noise map.
(2) The start date of the period of drawing up a noise map under subparagraph 1 of paragraph (1) shall be the date on which three months have elapsed after the public notice of the plan to draw up a noise map under paragraph (1).
(3) Once the noise map is drawn up, the Mayor/Do Governor shall submit it to the Minister of Environment before disclosing it under Article 4-2 (2) of the Act. In this case, the Minister of Environment may offer opinions on the drawn-up noise map, and the Mayor/Do Governor shall reflect its opinions on the noise map, in the absence of special circumstances to the contrary.
(4) Details on how to draw up a noise map shall be determined and publicly notified by the Minister of Environment.
[This Article Newly Inserted on Jun. 30, 2010]
 Article 8 (Permissible Factory Noise and Vibration Emission Levels)
(1) The permissible emission levels for factory noise and vibration under Article 7 of the Act shall be as indicated in the Attached Table 5.
(2) Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) sets the permissible emission levels under remarks of subparagraph 1, subparagraph 6 (c), remarks of subparagraph 2, and subparagraph 5 (c) of the Attached Table 5, he/she shall report such fact to the Minister of Environment without delay and take necessary measures to inform interested persons of the details thereof. <Amended on Jan. 6, 2014>
[This Article Wholly Amended on Jun. 30, 2010]
 Article 9 (Report on the Installation of Emission Facilities, etc.)
The report on the installation of emission facilities and the application for the permission of the installation of emission facilities under Article 2 (1) of the Enforcement Decree of the Noise and Vibration Control Act (hereinafter referred to as the “Enforcement Decree”) shall be subject to the Attached Form 1, and the certificate of reporting on the installation of emission facilities and the permission to install emission facilities under paragraph (3) of the same Article shall be subject to the Attached Form 3 and Attached Form 4, respectively. <Amended on Jun. 30, 2010>
 Article 10 (Report on Modification to Emission Facilities, etc.)
(1) In accordance with Article 8 (2) of the Act, the report on modification shall be required in circumstance described in the Attached Table 6.
(2) A person who intends to file a report on modification under paragraph (1) shall attach documents certifying the modification and a certification of reporting on the installation of emission facilities or a permission to install emission facilities to the report on the modification of emission facilities in the Attached Form 5 prior to the modification of the relevant facilities (if the name or the representative of the place of business is to be modified, within 60 days from the date of modification) and submit them to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. <Amended on Dec. 31 2007; Jun. 30, 2010; Mar. 31, 2011; Jan. 6, 2014; Dec. 30, 2016>
 Article 11 (Exemption from Installation of Preventive Facilities)
(1) In subparagraph 2 of Article 9 of the Act, “where Ordinance of the Ministry of Environment provides that” means where there are none of the facilities in each of the following subparagraphs within 200 meters in straight line from the boundary of the factory site: <Amended on Jun. 30, 2010; Jan. 6, 2014>
1. Housing (excluding abandoned housing where people do not live), shopping malls, schools, hospitals, and religious facilities;
2. Factories or places of business;
3. Tourist destinations and tourism complexes under Article 52 of the Tourism Promotion Act;
4. Other facilities or areas determined and publicly notified by the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu.
(2) Even if it falls under any of the subparagraphs in paragraph (1), if it falls under any of the following subparagraphs, a preventive facility shall be installed to ensure that noise and vibration emitted do not exceed the permissible emission levels: <Amended on Jun. 30, 2010; Jan. 6, 2014>
1. Where the facility in any of the subparagraphs in paragraph (1) is newly installed;
2. Where a dispute arises out of noise and vibration generated in the relevant factory;
3. Other events where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu deems it necessary to prevent damage to the living environment.
 Article 12 (Permissible Emission Levels for Joint Preventive Facilities)
 Article 8 shall apply mutatis mutandis to the permissible emission levels for joint preventive facilities under Article 12 (2) of the Act.
 Article 13 Deleted <Jun 30, 2010>
 Article 14 (Confirmation of Installation of Emission Facilities, etc.)
(1) In Article 14 of the Act, the “period determined by Ordinance of the Ministry of Environment” shall be 30 days from the date of commencement of operation: Provided, That the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may reduce the period for a place of business where it is deemed impossible to inspect pollution level as the place of business is in operation for 90 days per annum and the operation ends within 30 days from the date of commencement of operation. <Amended on Jun. 30, 2010; Jan. 6, 2014>
(2) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may, if necessary, inspect the operating status of emission facilities and preventive facilities after the period under paragraph (1) elapses to check whether the permissible emission levels are met, and execute a noise and vibration inspection or request an inspection institution that falls under any of the following to execute a noise and vibration inspection: <Amended on Jun. 30, 2010; Jan. 6, 2014; Dec. 31, 2019>
1. National Institute of Environmental Research;
2. Health and environmental research institute of the Special Metropolitan City, Metropolitan City, Do, or Special Self-Governing Province;
3. River basin environmental office or regional environmental office;
4. Korea Environment Corporation under the Korea Environment Corporation Act (hereinafter referred to as the “Corporation”).
(3) The inspection institution that has been instructed or requested to execute a noise and vibration inspection for a place of business from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu pursuant to paragraph (2) shall conduct the noise and vibration inspection within 20 days from the date on which the period under paragraph (1) elapses, and notify the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu of the results thereof. <Amended on Jun. 30, 2010; Jan. 6, 2014>
(4) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu who has been notified of the inspection results under paragraph (3) shall issue an order of improvement under Article 15 of the Act if the results of the noise and vibration inspection exceed the permissible emission levels. <Amended on Jun. 30, 2010; Jan. 6, 2014>
 Article 15 (Period of Improvement)
(1) If the Special Self-Governing City Mayor, the Special Self-Governing Province
Governor, or the head of a Si/Gun/Gu issues an order of improvement pursuant to Article 15 of the Act, he/she shall
determine the period not exceeding one year on account of the measures necessary for improvement and types of machinery
and facilities. <Amended on Jun. 30, 2010; Jan. 6, 2014>
(2) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may extend the period by up to six months upon request for those who have failed to take ordered measures within the period specified in paragraph (1) due to natural disaster or other circumstances deemed exceptional. <Amended on Jun. 30, 2010; Jan. 6, 2014>
 Article 16 (Restrictions on the Period of Operation, etc.)
To issue an order under Article 16 (2) of the Act, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall restrict the hours of operation or modify all or part of the operation depending on the harm and damage expected to arise out of the emission of noise and vibration, but take measures first against emission facilities that cause the largest harm and damage. <Amended on Jun. 30, 2010; Jan. 6, 2014>
 Article 17 Deleted <Jun. 30, 2010>
 Article 18 (Qualification Standards for Environment Engineers, etc.)
(1) The scope of places of business that are required to have an environment engineer and the qualification standards for environment engineers under Article 19 (1) of the Act shall be as indicated in the Attached Table 7, and the time of appointment of environment engineers shall be classified under the following subparagraphs: <Amended on Dec. 31, 2019>
1. If appointed: Until the date of commencement of operation of emission facilities (limited to cases where emission facilities are installed for the first time)
2. If appointed by replacement: Within five days from the date on which the cause for appointment by replacement arises
(2) Matters to be managed by the environment engineer under Article 19 (3) f the Act shall be as follows: <Amended on Jun. 30, 2010; Jan. 6, 2014>
1. Matters concerning the management of emission facilities and preventive facilities;
2. Matters concerning the improvement of emission facilities and preventive facilities;
3. Other matters instructed by the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu to prevent noise and vibration.
 Article 19 (Reporting on Execution of Order for Measures, etc.)
A report on the execution of an order for measures, an order of improvement, an order for suspension of operation, an order for suspension of use, etc. under Article 20 (1) of the Act shall be subject to the Attached Form 9.
 Article 20 (Control of Living Noise and Vibration)
(1) In Article 21 (1) of the Act, the “areas determined by Ordinance of the Ministry of Environment” refer to the following: <Amended on Dec. 31, 2019>
1. Industrial complexes under subparagraph 8 of Article 2 of the Industrial Sites and Development Act: Provided, That among industrial complexes, residential and commercial areas under Article 36 of the National Land Planning and Utilization Act shall be excluded;
4. An area with no housing (excluding abandoned housing where people do not live), sports, and recreational facilities within 300 meters in straight line from the boundary of a factory, place of business, or construction site that generates living noise and vibration.
(2) The scope of living noise and vibration that are controlled under Article 21 (2) of the Act shall be as follows:
1. Noise caused by loud speakers (excluding noise according to the Assembly and Demonstration Act and noise generated from the use of loud speakers for national emergency drills and for public institutions to inform the public);
2. Noise and vibration generated from factories without any emission facilities;
3. Noise and vibration generated from construction sites other than the areas in any of the subparagraphs in paragraph (1);
4. Noise and vibration generated in a place of business other than factories and construction sites.
(3) The control standards of living noise and vibration under Article 21 (2) of the Act shall be as indicated in the Attached Table 8.
 Article 21 (Preliminary Reporting on Specific Construction Works, etc.)
(1) In Article 22 (1) of the Act, “specific construction works determined by Ordinance of the Ministry of Environment” refers to construction works that use machinery and equipment in the Attached Table 9 for five days or longer and fall under any of the following: Provided, That as the machinery and equipment in the Attached Table 9, construction works that use machinery and equipment deemed by the Minister of Environment as machinery and equipment generating low noise and low vibration and construction works executed in areas under Article 20 (1) shall be excluded: <Amended on Dec. 20, 2019>
1. Construction works for buildings with a total floor area of 1,000 square meters or more and demolition works for
buildings with a total floor area of 3,000 square meters or more;
2. Civil construction works for structures with a total volume of 1,000 cubic meters or more or with a total area of 1,000 cubic meters or more;
3. Earthworks and grading works with a total area of 1,000 square meters or more;
4. Excavation (hole drilling) works with a total length of 200 meters or more or the total amount of excavated (dug) earth and sand of 200 cubic meters or more;
5. Construction works executed in areas under Article 2 (2) of the Enforcement Decree.
(2) In accordance with Article 22 (1) of the Act, a person who intends to execute a specific construction work (referring to the person who has been subcontracted for the first time from the client if the construction work is subcontracted) shall attach the following documents to the preliminary report on specific construction work in the Attached Form 10 and submit them to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu prior to the execution of the applicable construction work (for a construction work, prior to the completion of construction): Provided, That, for a construction work that spans two or more Special Self-Governing Provinces or Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply), the report shall be filed at the Special Self-Governing Province Governor or the head of a Si/Gun/Gu having jurisdiction over the area containing the largest area of the relevant construction area: <Amended on Dec. 31, 2007; Jun. 3, 2010; Jan. 6, 2014>
1. Outline of the specific construction work (including construction purpose and construction schedule);
2. Construction site location map (indicating houses around the construction site that may sustain damage);
3. Installation specifications and drawings for soundproof and vibration-proof facilities;
4. Other noise and vibration reduction measures.
(3) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu who has received a report under paragraph (2) shall yield the certificate of preliminary report on specific construction works in the Attached Form 11 to the reporting person. In this case, for a construction work spanning two or more Special Self-Governing Provinces or Si/Gun/Gu, the details of the report shall be notified to the Special Self-Governing Province Governor or the head of a Si/Gun/Gu having jurisdiction over other construction areas. <Amended on Dec. 31, 2007; Jun. 3, 2010; Jan. 6, 2014>
(4) The “important matters determined by Ordinance of the Ministry of Environment” in Article 22 (2) of the Act shall be as follows: <Newly Inserted on Jan. 14, 2009>
1. 30% increase or more in machinery and equipment subject to preliminary reporting on specific construction works;
2. Extension of the specific construction period;
3. Modification to the installation specifications for soundproof and vibration-proof facilities;
4. Modification to the noise and vibration reduction measures;
5. Expansion of the construction scale by 10% or more.
(5) A person who intends to report a modification under Article 22 (2) of the Act shall attach the following documents to the report on modification to specific construction works in the Attached Form 12 and submit them to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu: Provided, That if subparagraph 2 in paragraph (4) is applicable, the submission shall be made prior to the end of the specific construction period in the preliminary reporting certificate pursuant to paragraph (3): <Amended on Jan. 14, 2009; Jun 30, 2010; Jan. 6, 2014; Dec. 31, 2019>
1. Documents certifying the modifications;
2. Certificate of preliminary report on specific construction works;
3. Other measures to reduce noise and vibration according to the modifications.
(6) The standards for installation of soundproof facilities in the construction site under the main text of Article 22 (3) 1 of the Act shall be as indicated in the Attached Table 10. <Amended on Jan. 14, 2009; Jun. 30, 2010>
(7) It shall be difficult to install soundproof facilities under the proviso to Article 22 (3) 1 of the Act under the following circumstances: <Amended on Jan. 14, 2009; Jun. 30, 2010>
1. Where it is difficult to install soundproof walls in advance due to the narrow construction area;
2. For linear works with a wide construction area such as roadworks;
3. Where there is a concern about damage caused by noise due to the preliminary installation of soundproof walls as the
construction area is made of rocky soil;
4. Where it is difficult to install soundproof walls in advance as buildings, etc. need to be dismantled;
5. For restoration works that need to be dealt with urgently due to a natural disaster, catastrophe, or accident.
(8) The reduction measures under Article 22 (4) of the Act shall be as follows: <Amended on Jan. 14, 2009; Jun. 30, 2010>
1. Use of low-noise construction techniques and construction machinery;
2. Use of portable sound walls or partial soundproof facilities;
3. Reduction of noise by dispersing noise-generating activities and minimizing the use of construction machinery;
4. Suspension of work during a day off and adjustment of working hours.
 Article 22 (Scope of Low-Noise Construction Machinery, etc.)
In Article 23 (1) of the Act, the “construction machinery generating less noise which is determined by Ordinance of the Ministry of Environment” refers to any of the following: <Amended on Jun. 30, 2010; Oct. 28, 2011>
1. Construction machinery that has been certified with an eco-label under Article 17 of the Environmental Technology and Industry Support Act;
2. Construction machinery with a mark of noise level under Article 49-2 of the Act (referring to the one prior to the amendment made by Act No. 7293).
 Article 22-2 (Report on Execution of Order for Measures Against Living Noise and Vibration, etc.)
A report on the execution of an order for measures, etc. under Article 23 (2) of the Act shall be subject to the Attached Form 12-2.
[This Article Newly Inserted on Jun. 30, 2010]
 Article 23 (Control of Mobile Noise)
(1) The types of mobile noise sources under Article 24 (2) of the Act shall be as
follows:
1. Loud speakers used for sales or advertising on the move;
2. Sound systems and tools used by vacationers;
3. Two-wheeled vehicles that travel with an abnormal noise preventive device or with a sound system attached;
4. Other machinery and tools designated and publicly notified by the Minister of Environment as necessary to create a quiet and comfortable living environment.
(2) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may determine and control areas, applicable targets, and time slots where the use of mobile noise sources is prohibited, in light of major facilities, residential types, and regional conditions that need to remain calm and at peace. <Amended on Jun. 30, 2010; Jan. 6, 2014>
 Article 24 (Request for Control of Use of Explosives)
For the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu to file a request for necessary measures under Article 25 of the Act to the commissioner of the local policy agency, the matters on the installation of soundproof and vibration-proof facilities that meet control standards prescribed in Article 20 (3), amount of explosives used, hours used, limitations on the number of times used, improvement on the blasting methods, etc. shall be included. <Amended on Jun. 30, 2010; Jan. 6, 2014>
 Article 25 (Control Standards for Traffic Noise and Vibration)
The control standards for traffic noise and vibration under Article 26 of the Act shall be as indicated in the Attached Table 11. <Amended on Jun. 30, 2010; Dec. 31, 2019>
[Title Amended on Jun. 30, 2010]
[Moved from Article 27, Previous Article 25 Moved to Article 27 <Jun. 30, 2010>]
 Article 26 (Scope of Traffic Noise and Vibration Control Areas)
(1) The scope of the traffic noise and vibration control areas under Article 27 (3) of the Act shall be as indicated in the Attached Table 12. <Amended on Jun. 30, 2010; Dec. 31, 2019>
(2) When designating control areas for traffic noise and vibration under paragraph (1), the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or head of a Si/Gun (excluding the head of a Gun within a Metropolitan City; hereafter the same shall apply to Article 27) shall designate areas that exceed or may exceed the control standards for traffic noise and vibration under Article 25 as control areas on a preferential basis on account of major facilities that need to remain calm and at peace, residential types, traffic volume, road conditions, the need to control noise and vibration, etc. <Amended on Jun. 30, 2010; Jan. 6, 2014>
[Title Amended on Jun. 30, 2010]
 Article 27 (Consultation with Relevant Agencies)
For the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or head of a Si/Gun to designate control areas for traffic noise and vibration in areas adjacent to railroads under Article 27 (1) of the Act, he/she shall consult with the head of the railroad management agency in advance. <Amended on Jun. 30, 2010; Jan. 6, 2014>
[Moved from Article 25, Previous Article 27 Moved to Article 25 <Jun. 30, 2010>]
 Article 28 (Installation of Soundproof and Vibration-Proof Facilities)
In Article 29 (2) of the Act, the “facilities determined by Ordinance of the Ministry of Environment” refer to the following: <Amended on Dec. 31, 2019>
1. General hospitals under Article 3 (2) of the Medical Service Act;
2. Public libraries under subparagraph 4 of Article 2 of the Libraries Act;
4. Multi-family housing under subparagraph 3 of Article 2 of the Housing Act.
 Article 29 (Permissible Noise Levels for Manufactured Cars)
According to Article 30 of the Act and Article 4 of the Enforcement Decree, the permissible noise levels for manufactured cars by type of noise shall be as indicated in the Attached Table 13.
 Article 30 (Application for Authentication)
(1) A person who intends to obtain authentication under Article 31 (1) of the Act shall attach the following documents to the authentication application in the Attached Form 13 and submit them to the Minister of Environment (referring to the president of the National Institute of Environmental Research if motor vehicles are brought in from abroad; hereinafter the same shall apply to paragraph (2)): Provided, That if a person importing motor vehicles from a person other than a foreign manufacturer imports the same type of motor vehicles as those that have already obtained authentication, he/she may not attach the following documents:
1. Documents on the specifications of the motor vehicle;
2. Documents on the reduction of vehicle noise;
3. Other documents determined as required for authentication by the Minister of Environment.
(2) A person who intends to obtain the omission of authentication under the proviso to Article 31 (1) of the Act shall attach the following documents to the application for omission of authentication in the Attached Form 13 and submit them to the Korea Environment Corporation: <Amended on Jun. 30, 2010>
1. Documents on the specifications of the motor vehicle (to be attached only for vehicles other than those specified in Article 5 (2) 1 through 3 of the Enforcement Decree);
2. Relevant documents certifying that the vehicle is subject to omission of authentication.
(3) The method of preparing the documents to be prepared by a person who intends to obtain authentication under Article 31 (1) of the Act and other necessary matters shall be determined and publicly notified by the Minister of Environment.
 Article 31 (Method of Authentication, etc.)
(1) The Minister of Environment or the president of the National Institute of Environmental Research shall review the following when obtaining authentication under Article 31 (1) of the Act. In this case, the specific authentication method shall be determined and publicly notified by the Minister of Environment:
1. Technical feasibility concerning the composition and performance of noise-related parts;
2. Result of an authentication test concerning the conformity with the permissible noise levels for manufactured vehicles;
3. Impact of noise from vehicles subject to authentication on the environment.
(2) The authentication test under subparagraph 2 of paragraph (1) shall be as follows:
1. Pass-by noise test for motor vehicles;
2. Exhaust noise and horn noise tests for motor vehicles.
(3) The authentication test according to paragraph (2) shall be conducted by the motor vehicle manufacturer (including importer and foreign manufacturer for imported vehicles; the same shall apply hereinafter) equipped with its workforce and equipment in accordance with the authentication test method and procedure publicly notified by the Minister of Environment: Provided, That where the public notice is made by the Minister of Environment, the Korea Environment Corporation or a testing agency designated by the Minister of Environment (hereafter referred to as “testing agency” in this Article and Article 32) shall directly execute the authentication test or the motor vehicle manufacturer shall directly execute the test with the participation of the testing agency. <Amended on Jun. 30, 2010>
(4) Motor vehicle manufacturers, etc. who have executed authentication tests under paragraph (3) shall report the test results to the Minister of Environment (referring to the president of the National Institute of Environmental Research if the motor vehicles are brought in from abroad) without delay.
 Article 32 (Authentication Test Fee)
(1) A person who applies for an authentication test to a testing agency shall pay the fee for the authentication test: Provided, That in the event where a vehicle manufacturer directly executes an authentication test with the participation of the testing agency, he/she shall not pay the cost required to use testing equipment among the fee for the authentication test, but pay for the expenses associated with the business trip of the testing agency. <Amended on Jan. 5, 2009>
(2) The fees for the authentication test executed under the proviso to Article 31 (3) shall be determined by the Rules on Test Request to the National Institute of Environmental Research. <Amended on Jun. 30, 2010>
 Article 33 (Issuance of Certificate)
(1) The Minister of Environment or the president of the National Institute of Environmental Research shall issue a certificate of vehicle noise in the Attached Form 14 to the motor vehicle manufacturer who has obtained authentication under Article 31 (1) of the Act: Provided, That, to a person who has imported motor vehicles from a person other than a foreign manufacturer and obtained authentication, an individual vehicle noise certificate in the Attached Form 15 shall be issued.
(2) The Korea Environment Corporation shall issue a certificate for omission of vehicle noise authentication in the Attached Form 16 to a person who obtained a certificate for omission under the proviso to Article 31 (1) of the Act. <Amended on Jun. 30, 2010>
 Article 34 (Application for Modification to Authentication)
(1) The “important matters determined by Ordinance of the Ministry of Environment” under Article 31 (2) of the Act refer to any of the following: <Newly Inserted on Jun. 30, 2010>
1. Change gear ratio, reduction gear ratio, and number of axles of a power transmission device in chassis dynamometer test vehicle;
2. Muffler’s capacity, materials, and internal structure;
3. Maximum output and rotation speed at maximum output;
4. Replacement of noise-related parts publicly notified by the Minister of Environment.
(2) A person who intends to modify the details for which authentication was obtained under Article 31 (2) of the Act shall attached relevant documents among the following documents in the application for authentication of modification in the Attached Form 17 and submit them to the president of the National Institute of Environmental Research. <Amended on Jun. 30, 2010>
1. Documents certifying that it is of the same vehicle model;
2. Specifications of motor vehicles;
3. Statements on the modified authentication;
4. Review of noise change before and after the modification in the certification.
(3) Notwithstanding the provisions in paragraph (2), if the noise does not increase even if the subparagraphs in paragraph (1) are modified, the said modification shall be notified to the president of the National Institute of Environmental Research. In this case, he/she shall be deemed to have obtained authentication for modification under Article 31 (2) of the Act. <Amended on Jun. 30, 2010>
 Article 34-2 (Designation of Agencies for Authentication Tests)
(1) A person who intends to be designated as an agency (hereinafter referred to as a “agency for authentication tests”) conducting authentication tests (hereinafter referred to as “authentication test”) under Article 31-2 (1) of the Act shall satisfy the test equipment and technical personnel standards of an agency for authentication tests in the Attached Table 13-2, attach the following documents to the application for designation of agency for authentication tests in Attached Form 17-2, and submit them to the Minister of Environment:
1. Floor plan and structure overview of authentication test inspection facilities;
2. Specifications of the authentication test inspection equipment;
3. Articles of incorporation (applicable only to corporations);
4. Internal regulations on the authentication test work;
5. Business plan for agency for authentication tests and budget of account for the relevant year.
(2) When designating an agency for authentication tests, the Minister of Environment shall consider the inspection capability, etc. to execute the authentication test work.
(3) When the Minister of Environment makes a designation under paragraph (2), he/she shall issue a certificate of designation as an agency for noise authentication tests in the Attached Form 17-3.
[This Article Newly Inserted on Jun. 30, 2010]
 Article 34-3 (Operation and Management of Agencies for Authentication Tests)
(1) Where there is any modification to the inspection equipment and technical personnel, the agency for authentication tests shall notify the Minister of Environment of the details thereof within 15 days from the date of modification.
(2) The agency for authentication tests shall prepare and keep an authentication test ledger under the Attached Form 17-4, and shall submit an inspection performance report under the Attached Form 17-5 to the Minister of Environment within 15 days from the end of each half year. <Amended on Oct. 30, 2015>
(3) The agency for authentication tests shall comply with the following:
1. Prepare an authentication test ledger to match the original data of test results;
2. Keep the original data of test results and authentication test ledger for three years;
3. Comply with internal regulations on inspection work.
(4) The Minister of Environment shall check the management status of the original test results, authentication test ledger, inspection equipment, and technical personnel of agency for authentication tests every half year.
[This Article Newly Inserted on Jun. 30, 2010]
 Article 35 (Report on Succession to Rights and Duties of Motor Vehicle Manufacturers)
A person who intends to report the succession to the rights and duties under Article 32 (2) of the Act shall attach the original certificate and documents certifying the fact of succession to the succession report for rights/duties in the Attached Form 18 within 30 days from the date on which the cause for the report arises and submit them to the Ministry of Environment (referring to the president of the National Institute of Environmental Research for motor vehicles brought in from abroad).
 Article 36 (Personnel, Equipment, etc. for Inspections by Motor Vehicle Manufacturers)
(1) The personnel and equipment that a motor vehicle manufacturer is required to have to execute a test under Article 33 (2) or an authentication test under Article 31 (2) shall be as indicated in the Attached Table 14.
(2) Where a motor vehicle manufacturer is equipped with the personnel and equipment under paragraph (1) and executes an inspection or an authentication test, he/she shall report the status of personnel and equipment in possession, inspection results, etc. as determined by the Minister of Environment.
 Article 37 (Application for Re-Inspection, etc.)
A person who intends to apply for re-inspection under Article 6 (2) of the Enforcement Decree shall submit the re-inspection application to the Korea Environment Corporation in the Attached Form 19, accompanied by the following documents: <Amended on Jun. 30, 2010>
1. Statement of reasons for applying for an re-inspection;
2. Documents on the details of the technical investigation into the cause of exceeding the permissible noise level by manufactured vehicles;
3. Documents on the improvement plan and follow-up management measures.
 Article 38 (Use of Motor Vehicle Manufacturers' Equipment, etc.)
(1) The equipment of a motor vehicle manufacturer may be used for inspection according to Article 33 (3) of the Act under the following circumstances:
1. Where inspection cannot be executed as national inspection equipment is not installed;
2. Where it is necessary to use the manufacturer's equipment to efficiently execute inspection work.
(2) The inspection may be executed at a place specially designated under Article 33 (3) of the Act under the following circumstances:
1. Where inspection cannot be executed using the motor vehicle manufacturer's equipment under paragraph (1);
2. Where it is necessary to execute a driving test on the road, etc. for exceptional causes in the execution of inspection work.
 Article 39 (Expenses for Inspection of Permissible Noise Levels for Manufactured Vehicles)
Expenses incurred in the inspections under Article 33 (4) of the Act shall be the following expenses incurred in the occasional inspections and regular inspections under Article 6 (1) of the Enforcement Decree:
1. Expenses of pass-by noise tests for motor vehicles for inspections;
2. Exhaust noise and horn noise test expenses for motor vehicles for inspections;
3. Other expenses deemed necessary by the Minister of Environment in relation to inspection work.
 Article 39-2 (Permissible Noise Levels for Tires, etc.)
(1) The “permissible levels prescribed by Ordinance of the Ministry of Environment” in Article 34-2 (1) of the Act shall be as indicated in the Attached Table 14-2.
(2) The “testing agency designated by Ordinance of the Ministry of Environment” in the main text of Article 34-2 (2) of the Act shall refer to the following agencies:
1. Corporation;
2. An agency designated and publicly notified by the president of the National Institute of Environmental Research as having the capacity to measure tire noise as an agency that has equipment and personnel under the proviso to Article 34-2 (2) of the Act.
(3) The “equipment and personnel prescribed by Ordinance of the Ministry of Environment” in the proviso to Article 34-2 (2) of the Act shall be as indicated in the Attached Table 14-3.
[This Article Newly Inserted on Dec. 31, 2019]
 Article 39-3 (Procedures for Filing Reports on Measurement Results for Tire Noise)
(1) A person who intends to manufacture or import motor vehicle tires (hereinafter referred to as “tire manufacturer or importer”) under Article 34-2 (2) of the Act shall submit to the Corporation a report on the measurement results for tire noise in the Attached Form 19-2, accompanied by the following documents:
1. Measurement results for tire noise in the Attached Form 19-3;
2. Photos of the front and treads for each tire model (referring to the rubber layer attached to the tire that comes into contact with the road surface);
3. Documents certifying that you have equipment and personnel under the proviso to Article 34-2 (2) of the Act (limited only to the self-measurement of tire noise levels).
(2) The Corporation which has received a report under paragraph (1) shall yield the certificate of report on the measurement results of tire noise levels in the Attached Form 19-4 to the tire manufacturer or importer within seven days from the date of receipt.
(3) If a tire manufacturer or importer who has received a certificate of report under paragraph (2) suspends manufacturing or importing motor vehicle tires that have been reported, he/she shall notify the Corporation of the fact thereof within 60 days.
[This Article Newly Inserted on Dec. 31, 2019]
 Article 39-4 (Method of Measuring Tire Noise Levels)
(1) The method of measuring noise levels of motor vehicle tires under Article 34-2 (4) of the Act shall be as follows:
1. The measuring place shall be where the free field condition between the tire noise generating point and the measuring point may be 1 decibel or less;
2. The place shall have no noise-blocking objects within 50 meters from the center of the measurement site;
3. The environment shall be less impacted by climate such as wind speed and temperature;
4. The noise level shall be measured when the measurement vehicle is driven at a speed of 60 km/h or more and 90 km/h or less;
5. The correction value in consideration of the environment such as temperature at the time of measurement shall be analyzed and reflected in the final measurement value for noise level.
(2) Details on the method of measuring motor vehicle tire noise under paragraph (1) shall be determined and publicly notified by the president of the National Institute of Environmental Research.
(3) A tire manufacturer or importer who has measured the tire noise level by him/herself under the measurement methods specified in paragraphs (1) and (2) or by requesting a testing agency to measure the tire noise level shall directly prepare a measurement result for tire noise level in the Attached Form 19-3 or have it issued from a testing agency, and record the noise levels in the measurement result management ledger in the Attached Form 19-5.
[This Article Newly Inserted on Dec. 31, 2019]
 Article 39-5 (Standards and Methods for the Indication of Tire Noise Levels)
The standards and methods for the indication of tire noise levels according to Article 34-2 (4) of the Act shall be as indicated in the Attached Table 14-4.
[This Article Newly Inserted on Dec. 31, 2019]
 Article 39-6 (Corrective Orders for Exceeding Permissible Tire Noise Levels)
(1) The corrective order under Article 34-3 (1) of the Act shall be as indicated in the Attached Form 19-6 and the report on the execution result of the corrective order under paragraph (2) of the same Article shall be as indicated in the Attached Form 19-7.
(2) Orders to prohibit the manufacture, import, sale, or use as prescribed in Article 34-3 (3) of the Act shall be as indicated in the Attached Form 19-8.
[This Article Newly Inserted on Dec. 31, 2019]
 Article 39-7 (Investigation as to Whether Permissible Noise Levels for Tires are Met)
(1) The “agency designated by Ordinance of the Ministry of Environment” under Article 34-3 (4) of the Act refers to the Corporation.
(2) The Corporation may visit the office or place of business of the tire manufacturer or importer to check whether the motor vehicle tires reported by the tire manufacturer or importer comply with the permissible noise levels under Article 34-3 (4) of the Act.
(3) Employees of the Corporation conducting investigations under paragraph (2) shall carry a certificate indicating his/her authority and present it to relevant persons.
(4) Necessary matters to verify compliance with the permissible noise levels for tires, such as the selection of tires subject to inspection and the method of measuring the noise level of tires subject to inspection under paragraph (2), shall be determined and publicly notified by the president of the National Institute of Environmental Research.
[This Article Newly Inserted on Dec. 31, 2019]
 Article 40 (Permissible Noise Levels for Running Cars)
According to Article 35 of the Act and Article 8 of the
Enforcement Decree, the permissible noise levels for running cars by type of noise shall be as indicated in the Attached
Table 13.
 Article 41 (Method of Occasional Inspection of Running Cars, etc.)
(1) The Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or head of a Si/Gun shall select a vehicle to be inspected and inspect noise and parts related thereof, etc. under Article 36 (1) of the Act. <Amended on Jun. 30, 2010; Jan. 6, 2014>
(2) Inspection standards, noise measurement methods and other necessary matters under paragraph (1) shall be determined and publicly notified by the Minister of Environment.
 Article 42 (Exemption from Occasional Inspection of Running Cars)
In the proviso to the part other than each subparagraph in Article 36 (1) of the Act, “emergency motor vehicles defined in subparagraph 22 of Article 2 of the Road Traffic Act and other automobiles determined by Ordinance of the Ministry of Environment” refer to the following vehicles: <Amended on Jun. 30, 2010; Jan. 6, 2014; Feb. 14, 2014>
1. Vehicles that have been issued an equipment and inspection certificate in the Attached Form 20 from the person who verifies the improvement results of the running vehicles under Article 41 (1) of the Act after replacing or installing a noise reduction device, etc. determined by the Minister of Environment within the term of validity;
2. Vehicles in which the engine noise blocking facility, etc. installed by the motor vehicle manufacturer to arrest noise has not been modified or removed without approval;
3. Emergency motor vehicles defined in subparagraph 22 of Article 2 of the Road Traffic Act and the Enforcement Decree of the same Act;
4. Vehicles used for special public purposes of the State, such as military and escorting services.
 Article 43 (Application for Regular Inspection of Running Cars)
Those who are required to undergo a regular inspection and a regular inspection for two-wheeled vehicles under Article 37 (1) of the Act shall be required to apply for a regular inspection for running vehicles under Article 37 (1) when applying for a regular inspection pursuant to Article 77 of the Enforcement Rules of the Motor Vehicle Management Act, Article 23 of the Enforcement Rules of the Construction Machinery Management Act, and Article 86-2 of the Enforcement Rules of the Clean Air Conservation Act.
[This Article Wholly Amended on Feb. 6, 2014]
 Article 44 (Method of Regular Inspection of Running Cars, etc.)
(1) Methods, standards, and applicable items for regular inspections under Article 37 (2) of the Act shall be as indicated in the Attached Table 15.
(2) Inspection agencies under Article 37 (2) of the Act shall be those who have the facilities, equipment, and technical capabilities under the Attached Table 16 among inspection agents under Article 44 (1) of the Motor Vehicle Management Act, Article 14 (1) of the Construction Machinery Management Act, and Article 62-2 (1) of the Clean Air Conservation Act, and designated maintenance business entities under Article 45 (1) of the Motor Vehicle Management Act and Article 62-3 (1) of the Clean Air Conservation Act (hereinafter referred to as “regular running vehicle inspection agents”). <Amended on Feb. 6, 2014; Feb. 14, 2014>
 Article 45 (Request for Data, etc.)
(1) The Minister of Environment may request the following data from the Minister of Land, Infrastructure and Transport under Article 37 (4) of the Act: <Amended on Mar. 3, 2008; Mar. 23, 2013>
1. Noise level measurements by manufacturer, vehicle model, year, and purpose of vehicles inspected by regular running vehicle inspection agents;
2. Results of verifying whether there are any abnormalities in the noise-related parts;
3. Other types of data the Minister of Environment deems necessary to develop noise reduction measures for motor vehicles.
(2) As the result of the review of the data in each of the subparagraph in paragraph (1), if it is deemed necessary to conduct an inspection of the regular running vehicle inspection agent, the Minister of Environment may request the Ministry of Land, Infrastructure and Transport to conduct the inspection under Article 72 of the Motor Vehicle Management Act and Article 35 of the Construction Machinery Management Act. <Amended on Mar. 3, 2008; Mar. 23, 2013>
 Article 46 (Order to Improve Running Cars)
(1) An order of improvement under Article 38 (1) of the Act shall be subject
to the Attached Form 21.
(2) For a person who has received an order of improvement under Article 38 (3) of the Act to file a report of the improvement results, he/she shall have a maintenance and inspection certificate in the Attached Form 20 designed to verify the improvement results issued from the verification inspection agent and submit it to the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or head of a Si/Gun, accompanied by the order of improvement under paragraph (1), within 10 days from the date on which the order of improvement was issued. <Amended on Jun. 30, 2010; Jan. 6, 2014>
 Article 47 (Order to Suspend Use of Motor Vehicles)
(1) When issuing an order of suspension of use of a motor vehicle under Article 38 (2) of the Act, the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or head of a Si/Gun shall issue an order of suspension of use of a motor vehicle in the Attached Form 21 to the owner of the motor vehicle and affix the mark of suspension of use in the Attached Table 17 to the upper right corner of the front windshield of the motor vehicle. <Amended on Jun. 30, 2010; Jan. 6, 2014>
(2) The mark of suspension of use affixed under paragraph (1) shall not be modified or damaged during the period of the suspension of use pursuant to Article 38 (1) of the Act.
 Article 48 (Period of Order of Improvement of Running Cars)
The period required for improvement under Article 38 (1) of the Act shall be seven days from the date of order of improvement.
 Article 49 (Classification of Areas Around the Airport)
The areas around an airport and other areas under Article 9 (2) of the Enforcement Decree shall be classified as follows: <Amended on Sep. 8, 2017>
1. Areas nearby an airport: Class 1 and Class 2 areas under Article 5 (1) of the Airport Noise Prevention and Areas Assistance Act;
 Article 50 (Registration Standards for Verification Inspection Agents)
A person who intends to register as a verification inspection agent under Article 41 (1) of the Act shall have the facilities, equipment, and technical capabilities pursuant to the Attached Table 16. <Amended on Feb. 14, 2014>
 Article 51 (Application for Registration of Verification Inspection Agents)
(1) A person who intends to register as a verification inspection agent under Article 41 (1) of the Act shall submit to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu an application for registration of a verification inspection agent in the Attached Form 22, accompanied by the following documents: <Amended on Jun. 30, 2010; Jan. 6, 2014>
1. Documents certifying that the technical capabilities and equipment meet the standards;
2. Documents certifying the ownership or right to use the land and building of the motor vehicle inspection station.
(2) The relevant public official who has received the application under paragraph (1) shall verify the certified copy of corporate registration for a corporation or the business license for an individual through the joint use of administrative information under Article 36 (1) of the Electronic Government Act: Provided, That, for the business license, if the applicant does not agree to the verification, a copy thereof shall be attached. <Amended on Jun. 30, 2010>
 Article 52 (Registration of Verification Inspection Agents, etc.)
(1) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall issue a registration certificate of verification inspection agent in the Attached Form 23 to a person who has been registered as a verification inspection agent. <Amended on Jun. 30, 2010; Jan. 6, 2014>
(2) In the event of registration as a verification inspection agent or revocation of the registration under Article 43 of the Act, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall publicly announce the registration number, business name, representative, location, and inspection items on the public gazette of the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province. The same shall apply to the revocation of registration by application of a verification inspection agent. <Amended on Jun. 30, 2010; Jan. 6, 2014>
 Article 53 (Modification to Registration of Verification Inspection Agents)
(1) “Important matters determined by Ordinance of the Ministry of Environment ” in the latter part of Article 41 (1) of the Act refers to the following:
1. Transfer/inheritance or merger of an verification inspection agent;
2. Place of business location;
3. Trade name or corporate representativeness.
(2) A person who intends to register a modification under the latter part of Article 41 (1) of the Act shall submit an application for registration of modification to a verification inspection agent in the Attached Form 24 to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, accompanied by the following documents: <Amended on Jun. 30, 2010; Jan. 6, 2014>
1. Documents certifying the modifications;
2. Verification inspection agent registration certificate
 Article 54 (Matters to be Observed by Verification Inspection Agents)
Matters to be observed by the verification inspection agent under Article 41 (2) of the Act shall be as indicated in the Attached Table 18.
 Article 55 (Inspection Fee)
(1) The fee required for verification inspection under Article 41 (2) of the Act shall be determined and publicly notified by the Minister of Environment on account of the cost of using the inspection equipment and the cost of materials used.
(2) Where the Minister of Environment intends to determine the fee under paragraph (1), he/she shall publicly announce the details thereof on the website of the Ministry of Environment in advance for 20 days (10 days where there is an urgent cause) and listen to the opinions of stakeholders.
(3) Where the Minister of Environment has determined the fee under Paragraph 1, he or she shall disclose the details thereof and the details of calculation through the Internet website of the Ministry of Environment.
[This Article Wholly Amended on Mar. 31, 2011]
 Article 56 (Application for Noise Level Inspection)
(1) A person who intends to undergo a noise level inspection under Article 44 (1) of the Act shall submit to the head of the noise level inspection institution under Article 45 (1) (hereinafter referred to as the “head of the noise level inspection institution”) the noise level inspection application in the Attached Form 25, accompanied by the following documents: <Amended on Jan. 6, 2014>
1. Documents on the specifications of the relevant noise-generating construction machinery;
2. Documents on the noise reduction.
(2) A person who intends to be exempted from the noise level inspection under the proviso to Article 44 (1) of the Act shall submit to the head of the noise level inspection institution an application for exemption of noise level inspection in the Attached Form 25, accompanied by the following documents: <Amended on Jan. 6, 2014>
1. Documents on the specifications of the relevant noise-generating construction machinery;
2. A copy of the document certifying that he/she is exempted from the noise level inspection pursuant to Article 9-2 of the Enforcement Decree.
(3) A person who intends to undergo a noise level inspection under Article 44-2 (2) of the Act shall submit to the head of the noise level inspection institution an application for noise level inspection of low-noise home appliances in the Attached Form 27-2, accompanied by the following documents: <Newly Inserted on Jan. 6, 2014>
1. Documents on the specifications of the home appliance;
2. Documents on the noise reduction.
(4) A person who intends to undergo a noise level inspection under Article 45-3 (3) of the Act shall submit to the head of the noise level inspection institution an application for the noise level inspection of a portable sound device in the Attached Form 30, accompanied by the following documents: <Newly Inserted on Jan. 6, 2014>
1. Documents on the specifications of the portable sound device;
2. Documents on the specifications of the earphones provided together with the portable sound device.
[This Article Wholly Amended on Jun. 30, 2010]
 Article 57 (Issuance of Noise Level Inspection Report, etc.)
(1) The head of the noise level inspection institution shall issue a noise level inspection report in the Attached Form 26 to the applicant if the noise level inspection has been conducted pursuant to Article 44 (1) of the Act.
(2) The head of the noise level inspection institution shall fill out a noise level inspection record in the Attached Form 27 if the noise level inspection has been conducted pursuant to Article 44 (1) of the Act.
(3) The head of the noise level inspection institution shall issue a certificate of exemption from noise level inspection in the Attached Form 26-2 to the person who has been exempted from the noise level inspection under the proviso to Article 44 (1) of the Act. <Newly Inserted on Jun. 30, 2010>
(4) The head of the noise level inspection institution shall issue a noise level inspection report for low-noise home appliances in the Attached Form 27-3 to the applicant if the noise level inspection has been conducted pursuant to Article 44-2 (2) of the Act. <Newly Inserted on Jan. 6, 2014>
(5) The head of the noise level inspection institution shall fill out a noise level inspection records for low-noise home appliances in the Attached Form 27-4 if a noise level inspection has been conducted pursuant to Article 44-2 (2) of the Act. <Newly Inserted on Jan. 6, 2014>
(6) The head of the noise level inspection institution shall issue a noise level inspection report for portable sound devices in the Attached Form 31 to the applicant if the noise level inspection has been conducted pursuant to Article 45-3 (3) of the Act. <Newly Inserted on Jan. 6, 2014>
(7) The head of the noise level inspection institution shall fill out a noise level inspection record for portable sound devices under the Attached Form 32 if the noise level inspection has been conducted pursuant to Article 45-3 (3) of the Act. <Newly Inserted on Jan. 6, 2014>
 Article 57-2 (Noise Control Standards for Noise-Generating Construction Machinery, etc.)
(1) The noise control standards for noise-generating construction machinery under the former part of Article 44 (2) of the Act shall be as indicated in the Attached Table 18-2.
(2) In Article 44 (3) of the Act, “a noise-reducing device attached or otherwise necessary measures determined by Ordinance of the Ministry of Environment” refers to the attachment of a noise reduction device.
(3) An order for measures under Article 44 (3) of the Act shall be subject to the Attached Form 32-2, and a report on the implementation results under paragraph (4) of the same Article shall be subject to the Attached Form 32-3.
(4) An order to prohibit the manufacture, import, sale, and use of noise-generating construction machinery under Article 44 (6) of the Act shall be subject to the Attached Form 32-4.
[This Article Newly Inserted on Feb. 14, 2014]
 Article 58 (Inspection Method for Noise Levels)
(1) The inspection method for noise levels under Article 44 (9) of the Act
shall be as follows: <Amended on Jun. 30, 2010; Jan. 6, 2014; Feb. 14, 2014>
1. Noise level measuring environment: The measurement shall be made in a place designed by the head of the inspection institution; it shall guarantee the accurate measurement of noise by having different types of surface of measurement depending on the machinery subject to measurement;
2. Noise level measuring conditions: The noise measurement shall not be affected by wind speed and weather, and the machine to be measured shall be in operation;
3. Noise level measuring devices, etc.: Noise level measuring devices shall comply with the Korean Industrial Standards (KS) under Article 12 (1) of the Industrial Standardization Act;
4. Analysis and evaluation of measurement data: Measurement data shall be analyzed and evaluated on account of background noise, environmentally adjusted values, etc., and if two or more units are to be measured due to data errors, the analysis and evaluation shall be executed based on the measurement data of the machine with the highest noise level;
5. Operating conditions for each machine: The noise of the engine alone and the entire noise generated by work shall be measured.
(2) The noise level inspection method under Article 44-2 (2) of the Act shall be as follows; <Newly Inserted on Jan. 6, 2014>
1. Environment where noise level is measured: The place of measurement shall be designated by the head of the noise level inspection institution among anechoic, semi-anechoic, or reverberant rooms with background noise of 20 decibels or less;
2. Noise level measuring conditions: Noise measurement shall not be affected by wind speed and climate, and the machine to be measured shall be operated at its maximum capacity;
3. Noise level measuring instruments, etc.: The noise level measuring instruments shall comply with the Korean Industrial Standards (KS) pursuant to Article 12 (1) of the Industrial Standardization Act;
4. Analysis and evaluation of measurement data: Measurement data shall be analyzed and evaluated on account of background noise, environmentally adjusted values, etc., and if two or more units are to be measured due to data errors, the analysis and evaluation shall be executed based on the measurement data of the machine with the highest noise level.
(3) The noise level inspection methods under Article 45-3 (3) of the Act shall be as follows: <Newly Inserted on Jan. 6, 2014>
1. Environment where noise level is measured: The place of measurement shall be designated by the head of the noise level inspection institution with background noise of 45 decibels or less;
2. Noise level measuring conditions: Noise measurement shall not be affected by wind speed and climate, and the sound volume of the machine to be measured shall be kept maximum;
3. Noise level measuring instruments, etc.: The noise level measuring instruments shall comply with the Korean Industrial Standards (KS) pursuant to Article 12 (1) of the Industrial Standardization Act;
4. Analysis and evaluation of measurement data: Measurement data shall be analyzed and evaluated on account of background noise, environmentally adjusted values, etc., and if two or more units are to be measured due to data errors, the analysis and evaluation shall be executed based on the measurement data of the machine with the highest noise level.
(4) The noise level inspection under paragraphs (1) through (3) shall be executed by a noise level inspection institution designated under Article 45 (1) of the Act: Provided, That if it is difficult to transport the construction machinery, etc. subject to noise level inspection to the noise level inspection institution, it may be executed in a place determined by the manufacturer or importer with the participation of the person concerned in the noise level inspection institution. <Newly Inserted on Jan. 6, 2014>
(5) Details of the noise level inspection methods under paragraphs (1) through (4) shall be determined and publicly notified by the Minister of Environment. <Amended on Jan. 6, 2014>
 Article 59 (Mark of Noise Level and Mark of Low Noise)
(1) Matters on the mark of noise level under Article 44 (9) of the Act shall be as indicated in the Attached Table 19. <Amended on Jan. 6, 2014; Feb. 14, 2014>
(2) The mark of low noise under Article 44-2 (2) of the Act shall be as indicated in the Attached Table 19-2. <Newly Inserted on Jan. 6, 2014>
[Title Amended on Jan. 6, 2014]
 Article 59-2 (Issuance of Certificate, etc.)
(1) If the result of the noise level inspection executed according to Article 58 (2) is below the low-noise standards prescribed in Article 60-2 (2), the Minister of Environment shall issue a certificate of low noise for home appliances in the Attached Form 27-5 to the person who intends to manufacture or import the product.
(2) If the result of the noise level inspection executed under Article 58 (3) is below the maximum permissible sound level for portable sound systems prescribed in Article 63-3, the Minister of Environment shall issue a certificate of compliance with the maximum permissible sound level for portable sound systems in the Attached Form 33 to the person who intends to manufacture or import the product.
[Newly Inserted on Jan. 6, 2014]
 Article 60 (Noise Level Inspection Fee)
(1) The noise level inspection fee under Article 44 (9), Article 44-2 (4) and Article 45-3 (5) of the Act shall be determined by the head of the noise level inspection institution according to the fee calculation standards determined and publicly notified by the Minister of Environment, taking into account the cost required for inspection, such as the labor cost, the cost of using equipment, and the cost required for materials used. <Amended on Jan. 6, 2014; Feb. 14, 2014>
(2) If the head of the noise level inspection institution intends to determine the inspection fee under paragraph (1), he/she shall publicly announce the details thereof on the website of the noise level inspection institution in advance for 20 days (10 days if it is urgent) and listen to the opinions of stakeholders.
(3) If the head of the noise level inspection institution has determined the fee under paragraph (1), he/she shall disclose the details thereof and the details of calculation through the website of the noise level inspection institution.
[This Article Wholly Amended on Mar. 31, 2011]
 Article 60-2 (Types of Low-Noise Home Appliances and Standards for Low Noise)
(1) Home appliances eligible to have the mark of low noise affixed thereto under Article 44-2 (1) of the Act refer to the products defined as follows:
1. Vacuum cleaners (refer to portable or upright electric vacuum cleaners with a rated output of 500 watts or higher);
2. Washing machines (limited to household washing machines with a washing capacity of 5 kg or more, excluding spin-only products or products for business use)
(2) The low-noise standards under Article 44-2 (4) of the Act shall be as indicated in the Attached Table 19-3.
[Newly Inserted on Jan. 6, 2014]
 Article 61 (Application for Designation of Noise Level Inspection Institution)
A person who intends to be designated as a noise level inspection institution under Article 45 (1) of the Act shall submit an application for designation as a noise level inspection institution in the Attached Form 28 to the president of the National Institute of Environmental Research, accompanied by the following documents: <Amended on Dec. 31, 2019>
1. A certified copy of the corporate register;
2. Current status of technical personnel and documents certifying thereof;
3. Inspection site, current status of facilities and equipment in possession, and documents certifying thereof.
 Article 62 (Issuance of Designation as a Noise Level Inspection Institution)
In the event of designation as a noise level
inspection institution under Article 45 (1), the president of the National Institute of Environmental Research shall issue a
designation as a noise level inspection institution in the Attached Form 29. <Amended on Dec. 31, 2019>
 Article 63 (Matters to be Observed by Noise Level Inspection Institutions)
“Matters prescribed by Ordinance of the
Ministry of Environment” in Article 45 (4) of the Act shall be as indicated in the Attached Table 20.
 Article 63-2 (Recommended Noise Standards for Railroad Vehicles, etc.)
(1) Where the Minister of Environment
determines the recommended noise standards under Article 45-2 of the Act, he/she shall also determine and publicly notify
the noise inspection method for measuring noise.
(2) A person who manufactures or imports railroad vehicles may request the Minister of Environment to inspect whether the railroad vehicles comply with the recommended noise standards under paragraph (1). In this case, the fee required for the inspection shall be paid.
[This Article Newly Inserted on Jun. 30, 2010]
 Article 63-3 (Standards for Maximum Permissible Sound Levels of Portable Sound Systems)
The maximum permissible
sound level for portable sound systems under Article 45-3 (1) of the Act shall be 100 decibels.
[Newly Inserted on Jan. 6, 2014]
 Article 64 (Training of Environment Engineers)
(1) Environment engineers shall undergo training provided at an education institution that falls under any of the following at least once every three years according to Article 46 of the Act:
1. An institution deemed and designated to have the ability to provide training by the Minister of Environment;
2. Environmental Preservation Association under Article 38 of the Framework Act on Environmental Policy.
(2) The training period under paragraph (1) shall be up to five days: Provided, That in the event where remote training is provided using information and communication media, it shall be the period acknowledged by the Minister of Environment.
 Article 65 (Training Plan)
(1) The head of the educational institution shall submit a training plan for the next year to the Minister of Environment by November 30 of each year to obtain approval.
(2) The training plan under paragraph (1) shall include the following:
1. Basic direction of training;
2. Result of training demand survey and long-term estimates of training demand;
3. Training goal, subject, period, and number of people;
4. Selection standards and selection plan for people who are required to undergo training;
5. Publication plan for teaching materials;
6. Evaluation method for training;
7. Other matters necessary for training.
 Article 66 (Selection and Registration of Persons to be Trained)
(1) The Minister of Environment shall notify the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu of the training plan under Article 65 (1) by January 31 of each year. <Amended on Jun. 30, 2010; Jan. 6, 2014>
(2) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall select the persons to undergo the following educational courses in their jurisdiction and notify the head of the educational institution of the list at least 15 days prior to the commencement of the applicable educational course: <Amended on Jun. 30, 2010; Jan. 6, 2014>
1. Environment engineer course;
2. Technical personnel course for preventive facilities;
3. Measurement engineer course.
(3) If the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu has selected persons to be trained under paragraph (2), he/she shall inform the persons who have employed the persons to be trained without delay. <Amended on Jun. 30, 2010; Jan. 6, 2014>
(4) Environment engineers who have been selected as those to be trained shall register at the relevant educational institution before the commencement of training.
 Article 67 (Report of Training Results)
If the head of an educational institution provides training under Article 46 of the Act, he/she shall report the training performance of each year to the Minister of Environment by January 31 of the following year.
 Article 68 (Instruction)
The Minister of Environment may, if necessary, require the head of an educational institution to file a report on the execution of training or submit relevant data, and have public officials affiliated thereto to provide instruction on the training circumstances and facilities of the educational institution and other matters related to training.
 Article 69 (Cooperation in Data Submission)
To effectively provide training under Article 46 of the Act, a person who
hires an environment engineer shall cooperate with the Special Self-Governing City Mayor, the Special Self-Governing
Province Governor, or the head of a Si/Gun/Gu if he/she requests the submission of the following data: <Amended on Jun. 30,
2010; Jan. 6, 2014>
1. List of environment engineers;
2. Current status of persons who have undergone training;
3. Other data necessary for training.
 Article 70 (Training Expenses)
An educational institution may collect actual expenses incurred in providing training from a person who hires the environmental manager that undergoes the relevant training within the scope of the amount determined and publicly notified by the Minister of Environment.
 Article 71 (Reporting, Inspection, etc.)
(1) In the part other than each subparagraph of Article 47 (1) of the Act, “where Ordinance of the Ministry of Environment determines” refer to any of the following circumstances: <Amended on Feb. 14, 2014; Dec. 31, 2019>
1. Where it is to verify whether an order for measures, etc. under Article 15, 16, 17, 18, 23 or 25 of the Act has been observed;
2. Where it is required for the authentication of manufactured cars under Article 31 of the Act or the noise inspection of manufactured cars under Article 33 of the Act;
2-2. Where verification is required in relation to marking of the tire noise level under Article 34-2 (3);
2-3. Where it is to verify whether a corrective order under Article 34-3 has been fulfilled;
3. Where it is to verify whether the matters to be observed under Article 41 (2) have been complied with;
4. Where verification is required in relation to the mark of noise level under Article 44 (7);
5. Where verification is required in relation to the matters to be observed by the noise level inspection institution under Article 45 (4) of the Act;
6. Where it is required in relation to the report of the plan, performance, etc. of the applicable business of a related specialized institution which has been entrusted with the work of the Minister of Environment under Article 54 (2) of the Act;
7. Where it is pursuant to the instruction and inspection plan of the Mayor/Do Governor for the appropriate control of noise and vibration;
8. Where a reasonable request has been made from another institution or a complaint has been filed.
(2) When a business operator, etc. is inspected on entry and exit under Article 47 (1) of the Act and Article 12 of the Enforcement Decree, if the facility or the place of business subject to inspection on entry and exit is the same as the facility or the place of business subject to inspection on entry and exit under the following subparagraphs, the Ministry of Environment, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, the head of a river basin environmental office, the head of the regional environment office, and the president of the National Institute of Environmental Research shall combine them for inspection in entry and exit: Provided, That this shall not be the case if combined inspection is deemed as difficult due to civil complaints, environmental disasters, surveillance activities for a wide area, technical personnel, or equipment operation: <Amended on Jun. 30, 2010; Jan. 6, 2014; Dec. 24, 2014; Jan. 17, 2018>
 Article 72 (Noise and Vibration Inspection Institutions)
An inspection institution under Article 47 (2) of the Act shall be an inspection institution under Article 14 (2).
 Article 73 (Standards for Administrative Measures)
The standards for administrative measures under Article 49 of the Act
shall be as indicated in the Attached Table 21.
[This Article Wholly Amended on Jan. 14, 2009]
 Article 74 (Submission of Annual Reports)
(1) The details to be included in the annual report under Article 52 of the Act
shall be as follows:
1. Sources of noise/vibration and current status of noise/vibration;
2. Implementation performance and plan for noise and vibration reduction measures;
3. Plan to secure required financial resources.
(2) The deadline for reporting under paragraph (1) shall be January 31 of the following year, and the reporting form shall be determined by the Minister of Environment.
 Article 74-2 Deleted <Dec. 31, 2012>
 Article 75 (Fees)
Fees under Article 53 (2) of the Act shall be as follows:
1. Authentication under Article 31 (1) of the Act;
(a) Motor vehicle manufacturer: 300,000 won
(b) Two-wheeled vehicle manufacturer: 100,000 won
(c) Individual vehicle importer: 10,000 won
2. Omission of authentication under the proviso to Article 31 (1) of the Act: 5,000 won
3. Authentication of modification under Article 31 (2) of the Act;
(a) Motor vehicle manufacturer: 30,000 won
(b) Two-wheeled vehicle manufacturer: 10,000 won
[This Article Wholly Amended on Jun. 30, 2010]
 Article 76 (Reviews of Regulation)
The Minister of Environment shall review the feasibility of each of the following matters every three years (referring to any date before the reference date of the every third year) from the reference date prescribed in each of the following subparagraphs and take measures such as making an improvement: <Amended on Dec. 31, 2019>
1. Permissible emission level of factory noise and vibration under Article 8 (1) and the Attached Table 5: January 1, 2014
2. Those who are required to report the modification to a emission facility under Article 10 (1) and the Attached Table 6: January 1, 2014
3. Control standards for living noise and vibration under Article 20 (3) and the Attached Table 8: January 1, 2014
4. Documents to be submitted when filing a preliminary report on a specific construction or a report on modification by those who are required to file a preliminary report on a specific construction or a report on modification under Article 21 (1), (2), (4) through (6), the Attached Tables 9 and 10, and installation standards for soundproof facilities at a construction site: January 1, 2014
5. Scope of low-noise construction machinery under Article 22: January 1, 2014
6. Types of mobile noise sources under Article 23 (1): January 1, 2014
7. Control standards or traffic noise and vibration under Article 25 and the Attached Table 11: January 1, 2014
8. Standards for inspection equipment and technical personnel of authentication test agents under Article 34-2 (1) and the Attached Table 13-2: January 1, 2014
9. Personnel and equipment for the inspection and authentication test of motor vehicle manufacturers under Article 36 (1) and the Attached Table 14: January 1, 2014
10. Those who are exempted from occasional inspection of running vehicles under Article 42: January 1, 2014
11. Application for a regular inspection of running vehicles under Article 43: January 1, 2014
12. Methods, standards, and applicable items of regular inspections of running vehicles under Article 44, the Attached Tables 15 and 16, and facilities, equipment, and technical capabilities of regular inspection agents for running vehicles: January 1, 2014
13. Registration standards for verification inspection agents under Article 50 and the Attached Table 16: January 1, 2014
14. Documents to be submitted when a verification inspection agent applies for the registration of modification under Article 53: January 1, 2014
15. Matters to be observed by the verification inspection agent under Article 54 and the Attached Table 18: January 1, 2014
16. Cases in which reports may be filed and inspections, etc. may be executed under Article 71 (1): January 1, 2014
17. Standards administrative measures under Article 73 and the Attached Table 21: January 1, 2014
[This Article Newly Inserted on Apr. 30, 2014]
Addendum <No. 942, Sep. 16, 2021> (Amended provisions of 16 ordinances of the Ministry of Environment for modification of difficult legal terms)
These Rules shall come into effect on the date of its promulgation.
※ The Korea Trade-Investment Promotion Agency provides English translation of this Rule as a reference to enhance understanding of Korean law, and this Rule translated is not legally binding and officially effective.