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ENFORCEMENT DECREE OF THE ENVIRONMENTAL IMPACT ASSESSMENT ACT

Wholly Amended by Presidential Decree No. 23966, Jul. 20, 2012

Amended by Presidential Decree No. 24451, Mar. 23, 2013

Presidential Decree No. 25050, Dec. 30, 2013

Presidential Decree No. 25339, Apr. 29, 2014

Presidential Decree No. 25448, Jul. 7, 2014

Presidential Decree No. 25456, Jul. 14, 2014

Presidential Decree No. 25713, Nov. 11, 2014

Presidential Decree No. 25942, Dec. 30, 2014

Presidential Decree No. 26170, Mar. 30, 2015

Presidential Decree No. 26438, Jul. 24, 2015

Presidential Decree No. 26807, Dec. 30, 2015

Presidential Decree No. 26922, Jan. 22, 2016

Presidential Decree No. 27057, Mar. 25, 2016

Presidential Decree No. 27285, Jun. 28, 2016

Presidential Decree No. 27637, Nov. 29, 2016

Presidential Decree No. 27636, Nov. 29, 2016

Presidential Decree No. 27675, Dec. 20, 2016

Presidential Decree No. 27792, Jan. 17, 2017

Presidential Decree No. 27972, Mar. 29, 2017

Presidential Decree No. 28211, Jul. 26, 2017

Presidential Decree No. 28583, Jan. 16, 2018

Presidential Decree No. 28628, Feb. 9, 2018

Presidential Decree No. 28686, Feb. 27, 2018

Presidential Decree No. 28948, Jun. 8, 2018

Presidential Decree No. 29311, Nov. 27, 2018

Presidential Decree No. 29360, Dec. 11, 2018

Presidential Decree No. 29617, Mar. 12, 2019

Presidential Decree No. 29707, Apr. 23, 2019

Presidential Decree No. 29950, Jul. 2, 2019

Presidential Decree No. 30292, Dec. 31, 2019

Presidential Decree No. 30482, Feb. 25, 2020

Presidential Decree No. 30673, May 12, 2020

Presidential Decree No. 30704, May 26, 2020

Presidential Decree No. 30877, Jul. 28, 2020

Presidential Decree No. 30876, Jul. 28, 2020

Presidential Decree No. 31169, Nov. 24, 2020

Presidential Decree No. 31379, Jan. 5, 2021

Presidential Decree No. 31576, Mar. 30, 2021

Presidential Decree No. 31803, Jun. 22, 2021

Presidential Decree No. 31793, Jun. 22, 2021

Presidential Decree No. 31940, Aug. 10, 2021

Presidential Decree No. 32251, Dec. 28, 2021

Presidential Decree No. 32697, Jun. 14, 2022

Presidential Decree No. 32868, Aug. 9, 2022

Presidential Decree No. 33101, Dec. 20, 2022

Presidential Decree No. 33321, Mar. 7, 2023

Presidential Decree No. 33369, Mar. 31, 2023

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the Environmental Impact Assessment Act and matters necessary for the enforcement thereof.
 Article 2 (Sub-categories for Environmental Impact Assessment for each Sector)
(1) Sub-categories for assessment in the sectors subject to environmental impact assessment (hereinafter referred to as "sectors subject to environmental impact assessment") defined in the Article 7 (1) of the Environmental Impact Assessment Act (hereinafter referred to as the "Act") shall be as prescribed in Appendix 1.
(2) Assessment of the sectors subject to environmental impact assessment under Article 7 (2) of the Act shall be assessed by scientifically forecasting and analyzing environmental impacts on the basis of outcomes of the on-site surveys and documentary search conducted with respect to the area subject to environmental impact assessment, etc., under Article 6 of the Act.
(3) Further details about the methods of assessment of the sectors subject to environmental impact assessment under paragraph (2) shall be determined and publicly notified by the Minister of Environment, in consultation with the heads of central administrative agencies.
 Article 3 (Matters Subject to Deliberation by Environmental Impact Assessment Council)
"Matters specified by Presidential Decree" in Article 8 (1) 5 of the Act means the following matters: <Amended on Nov. 27, 2018; Dec. 31, 2019; Mar. 31, 2023>
1. Whether to omit a presentation or public hearing under Article 13 (3) of the Act;
2. Matters pertaining to determining whether an environmental impact assessment report, etc. has been prepared falsely or inappropriately under Article 53 (5) 2 or 56 (1) 2 of the Act (only applicable to the environmental impact assessment council established and operated by the Minister of Environment): Provided, That matters determined by the expert committee for reviewing false or inappropriate reports under Article 6-3 (1) 2 as prepared falsely or inappropriately shall be excluded.
3. Other matters that the chairperson of the environmental impact assessment council under Article 8 (1) of the Act deems necessary for efficient environmental impact assessment of a particular plan or project.
 Article 4 (Formation of Environmental Impact Assessment Council)
(1) The chairperson (hereinafter referred to as the "chairperson") of the environmental impact assessment council prescribed in Article 8 (1) of the Act (hereinafter referred to as "environmental impact assessment council") shall be appointed by the head of the consulting agency for strategic environmental impact assessment reports, etc. conducted under Article 16, 27, or 44 of the Act (hereinafter referred to as the "consulting agency"), the head of the planning agency, or the head of the approving agency prescribed in Article 24 (5) of the Act (hereinafter referred to as "the head of the approving agency"), from among public officials under their jurisdiction.
(2) The environmental impact assessment council shall be comprised of the following members: <Amended on Nov. 11, 2014; Dec. 30, 2015; Nov. 29, 2016>
1. At least one public official appointed by the head of the consulting agency;
2. At least one public official appointed by the head of the planning agency or by the head of the approving agency, etc.;
3. At least one person commissioned by the chairperson, from among those who have abundant knowledge and experiences in the relevant plan or project or in environmental impact assessment, etc.;
3-2. At least one person commissioned by the chairperson, from among private experts recommended by the head of the consulting agency;
4. At least one person appointed or commissioned by the chairperson, from among public officials or private experts recommended by the head of the local government having jurisdiction over the area subject to the relevant plan or the project zone;
4-2. At least one person appointed by the chairperson, from among public officials of the local environmental agency having jurisdiction over the area subject to the relevant plan or the project zone, recommended by the head of such local environmental agency (limited to cases where the head of the local environmental agency is not the head of the consulting agency);
5. At least one person commissioned by the chairperson from among the following persons:
(a) Residents' representatives who reside in an area subject to the relevant plan or the project zone within the jurisdiction of the local government;
(b) Non-governmental experts recommended by non-governmental organizations;
(c) Experts in health impact assessment including public health (limited to where a health impact assessment shall be conducted under the proviso of Article 8 (2) of the Act);
(d) Marine experts recommended by the Ministry of Oceans and Fisheries (limited to where coastal land prescribed in subparagraph 3 of Article 2 of the Coast Management Act, is included in the relevant plan or project zone).
(3) The environmental impact assessment council shall be comprised of approximately 10 members, including one chairperson, appointed or commissioned by the chairperson for each meeting, based on the nature of each plan or project.
(4) The chairperson shall represent the environmental impact assessment council and administer all business affairs of the council.
(5) If the chairperson is unable to perform his or her duties due to extenuating circumstances, the council member appointed by the chairperson in advance shall act on behalf of the chairperson.
(6) Except as provided in paragraphs (1) through (5), matters necessary for the formation of the environmental impact assessment council shall be determined by the chairperson, subject to deliberation by the environmental impact assessment council thereon.
 Article 5 (Operation of Environmental Impact Assessment Council)
(1) Meetings of the environmental impact assessment council shall be convened by the chairperson.
(2) A quorum of the meeting of the environmental impact assessment council shall be duly formed with the attendance of a majority of its members under Article 4 (3) and resolutions shall be adopted by affirmative votes of a majority of the members present at the meeting.
(3) Notwithstanding paragraphs (1) and (2), the chairperson may determine to deliberate on a project documentarily, without convening a meeting, in any of the following cases:
1. Where the environmental impact of the relevant plan or project is deemed to be insignificant;
2. Where environmental impact assessment reports, etc. under Article 53 (1) of the Act (hereinafter referred to as "environmental impact assessment reports, etc.") have been already submitted several times for deliberation on a plan or project similar to the relevant plan or project;
3. Where the environmental impact of the relevant plan or project is deemed limited to a particular sector.
(4) Members of the environmental impact assessment council may be reimbursed for allowances and travel expenses, within budgetary limits: Provided, That the foregoing shall not apply to a member who shall attend a meeting of the environmental impact assessment council as a public official in direct connection with any business affair related to his/her duties.
(5) Except as provided in paragraphs (1) through (4), matters necessary for the operation of the environmental impact assessment council shall be determined by the chairperson, subject to deliberation by the environmental impact assessment council thereon.
 Article 6 (Disqualification, Challenge, or Refrainment of Member)
(1) In any of the following cases, a member of the environmental impact assessment council shall be disqualified from the proceedings of deliberation and resolution by the environmental impact assessment council:
1. If the council member or a person who is or was the spouse of the council member is a party (or an executive officer of a corporation or organization, if a party is the corporation or organization; hereafter in this Article the same shall apply) to the relevant plan, project, or environmental impact assessment (hereafter in this Article referred to as "relevant plan or project") or a joint right-holder or a joint obligor of a party to the relevant plan or project;
2. If the council member is a current or former relative of a party to the relevant plan or project;
3. If the council member has been directly involved in services, advice, appraisal, or survey with respect to the relevant plan or project;
4. If the council member or a corporation to which the council member belongs is the current or former representative of a party to the relevant plan or project.
(2) If an interested party to the relevant plan or project has a ground to believe that impartiality in deliberation and resolution by a council member is unlikely, he or she may file a challenge against the council member with the environmental impact assessment council, and the environmental impact assessment council shall resolve on the challenge. In such cases, no council member against whom the challenge has been filed shall participate in resolution.
(3) If a council member finds that any of the grounds for disqualification under paragraph (1) is applicable to him or her, he or she shall voluntarily refrain from the proceedings of deliberation and resolution of the relevant case.
 Article 6-2 (Withdrawal of Designation, Removal, or Dismissal of Council Members)
(1) In any of the following cases, the person who designated a council member pursuant to Article 4 (2) 1 or 2 may withdraw the designation of the council member:
1. If the council member is unable to continue to perform his or her duties due to a mental or physical disorder;
2. If the council member is found to have committed irregularities in connection with his or her duties;
3. If the council member is found incompetent for the office due to dereliction of a duty or indecent conduct, or on other ground;
4. If the council member has not abstained from participation in a proceeding, although he or she falls under one of the subparagraphs of Article 6 (1);
5. If the council member voluntarily manifests that he or she has difficulties in performing his or her duties.
(2) If a council member appointed or commissioned pursuant to Article 4 (2) 3, 3-2, 4, 4-2, or 5 falls under any subparagraph of paragraph (1), the chairperson may remove or dismiss such council member from the office.
[This Article Added on Nov. 29, 2016]
 Article 6-3 (Expert Committee of Environmental Impact Assessment Council)
(1) The environmental impact assessment council formed and operated by the Minister of Environment shall have the following expert committees to professionally review matters subject to deliberation by the environmental impact assessment council: <Amended on Mar. 31, 2023>
1. An expert committee for adjusting the agreed terms and conditions;
2. An expert committee for reviewing false or inappropriate reports.
(2) The expert committee for adjusting the agreed terms and conditions under paragraph (1) 1 shall professionally review matters requested for adjustment pursuant to Article 31 (2) of the Act. <Added on Mar. 31, 2023>
(3) The expert committee for examining false or inappropriate reports under paragraph (1) 2 shall professionally review matters pertaining to determining whether an environmental impact assessment report, etc. under Article 53 (5) 2 or 56 (1) 2 of the Act has been prepared falsely or inappropriately. <Added on Mar. 31, 2023>
(4) An expert committee referred to in each subparagraph of paragraph (1) (hereinafter referred to as "expert committee") shall be comprised of not more than 10 members including one chairperson, in consideration of gender equality. <Amended on Mar. 31, 2023>
(5) The chairperson of an expert committee shall be designated by the Minister of Environment from among its members. <Amended on Mar. 31, 2023>
(6) The members of an expert committee shall be appointed or commissioned by the Minister of Environment from among any of the following persons:<Amended on Mar. 31, 2023>
1. Public officials belonging to the Ministry of Environment in charge of duties for environmental impact assessment, who shall be designated by the Minister of Environment from among public officials of at least Grade V or public officials holding positions equivalent thereto;
2. Public officials belonging to the relevant institutions in charge of duties for environmental impact assessment, who shall be recommended by the head of his or her institutions from among public officials of at least Grade V or public officials holding positions equivalent thereto;
3. Persons who have served as a judge, prosecutor, or attorney-at-law for at least five years;
4. Persons who have extensive knowledge of and experience in environmental impact assessment;
5. Executive officers or employees of environment-related associations, organizations, public corporations, or research institutes.
(7) Each expert committee shall have one executive secretary for its efficient operation, who shall be designated by the Minister of Environment from among public officials belonging to the Ministry of Environment in charge of duties for environmental impact assessment. <Amended on Mar. 31, 2023>
(8) A majority of the members of an expert committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present. <Amended on Mar. 31, 2023>
(9) Except as provided in paragraphs (1) through (8), Articles 5 (4), 6, and 6-2 shall apply mutatis mutandis to matters pertaining to the reimbursement of allowances and travel expenses; the disqualification of, challenge to, or refrainment by members; and the removal, dismissal, etc. of members. In such cases, “environmental impact assessment council” shall be construed as “expert committee.” <Amended on Mar. 31, 2023>
[This Article Added on Nov. 27, 2018]
CHAPTER II STRATEGIC ENVIRONMENTAL IMPACT ASSESSMENT
Section 1 Subject Matters of Strategic Environmental Impact Assessment
 Article 7 (Categories of Plans Subject to Strategic Environmental Impact Assessment)
(1) "Plan for the establishment of any of the facilities specified by Presidential Decree" in Article 9 (1) 18 of the Act means a master plan for the management of livestock excreta under Article 5 of the Act on the Management and Use of Livestock Excreta.
(2) Detailed categories of plans subject to strategic environmental impact assessment under Article 9 (2) of the Act (hereinafter referred to as "plans subject to strategic environmental impact assessment") are as prescribed in Appendix 2.
 Article 7-2 (Cycle of Determining whether to Conduct Strategic Environmental Impact Assessment)
(1) Pursuant to Article 10-2 (1) of the Act, the head of each administrative agency shall determine whether to conduct a strategic environmental impact assessment, once every five years, with regard to the administrative agency's plans subject to strategic environmental impact assessment: Provided, That if any of administrative agency's plans subject to strategic environmental impact assessment is amended due to enactment, amendment, or repeal of a statute or regulation, the head of the administrative agency may conduct a strategic environmental impact assessment whenever the plan is amended.
(2) "Interval specified by Presidential Decree" in the former part of Article 10-2 (4) of the Act means five years.
[This Article Added on Nov. 29, 2016]
 Article 8 (Scale of Project Plans on which Deliberation Need Not be Conducted)
"Area specified by Presidential Decree" in the proviso of the main clause of Article 11 (1) of the Act means 60,000 square meters.
[This Article Wholly Amended on Nov. 29, 2016]
 Article 9 (Period for Deliberation on Preparatory Statements for Assessment)
"Period specified by Presidential Decree" in Article 11 (3) of the Act means 30 days. In such cases, a period during which the head of an administrative agency who intends to formulate a plan subject to strategic environmental impact assessment or a person who proposes a plan subject to strategic environmental impact assessment amends a preparatory statement for assessment, holidays, and Saturdays shall be excluded from the period. <Amended on Nov. 11, 2014; Nov. 27, 2018>
 Article 10 (Publication of Determined Items of Strategic Environmental Impact Assessment)
(1) The head of an administrative agency who intends to formulate a plan subject to strategic environmental impact assessment pursuant to Article 11 (5) of the Act shall post the items, etc. of strategic environmental impact assessment, as determined under Article 11 (1) or (3) of the Act, on the information and communications network of a Si (including a Special Self-Governing City and referring to an administrative city prescribed in Article 10 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City in cases of Jeju Special Self-Governing Province; hereinafter the same shall apply) or Gun or Gu (Gu meaning an autonomous Gu; hereinafter the same shall apply), having jurisdiction over an area subject to strategic environmental impact assessment, or of an administrative agency that intends to formulate a plan subject to strategic environmental impact assessment or the information support system prescribed in Article 70 (3) of the Act (hereinafter referred to as the "information support system for environmental impact assessment"), for at least 14 days within 20 days from the date such determination is made. <Amended on Nov. 11, 2014; Jan. 22, 2016>
(2) If residents, etc. present opinions on the items, etc. of strategic environmental impact assessment published under paragraph (1), the head of an administrative agency who intends to formulate a plan subject to strategic environmental impact assessment shall review such opinions and shall include the opinions in the strategic environmental impact assessment report prescribed in Article 21, if the relevant plan is a governmental plan prescribed in Article 9 (2) 1 of the Act (hereinafter referred to as "governmental plan"), or in the draft strategic environmental impact assessment report prescribed in Article 11 (1), if the relevant plan is a master development plan prescribed in Article 9 (2) 2 of the Act (hereinafter referred to as "master development plan"). <Amended on Nov. 29, 2016>
 Article 10-2 (Summary Strategic Environmental Impact Assessment)
(1) Specific categories of summary strategic environmental impact assessments conducted under Article 11-2 (1) of the Act (hereinafter referred to as "summary strategic environmental impact assessments") shall be as specified in the Appendix 2-2.
(2) When the head of an administrative agency, who intends to formulate a plan subject to strategic environmental impact assessment, conducts a summary strategic environmental impact assessment, he or she may exclude some subject matters from those of strategic environmental impact assessment specified in the Appendix 1 for each sector or may conduct a qualitative assessment as follows: <Amended on Mar. 31, 2023>
1. Plans with no specified site location: Items concerning appropriateness of site location in subparagraph 1 (b) (ii) of Appendix 1 may be excluded from the assessment;
2. Plans for which quantitative assessment is impracticable: Qualitative assessment may be conducted or non-assessable items may be excluded from the assessment.
(3) Articles 11, 12 through 15, 15-2, and 16 through 21 of the Act shall apply to the procedures for summary strategic environmental impact assessments, but gathering consensus prescribed in Article 13 or 15-2 of the Act and requesting consultations prescribed in Article 16 of the Act may be done concurrently. In such cases, "strategic environmental impact assessment" shall be construed as "summary strategic environmental impact assessment."
[This Article Added on Nov. 29, 2016]
Section 2 Collection of Opinions on Draft Strategic Environmental Impact Assessment Reports
 Article 11 (Preparation of Draft Strategic Environmental Impact Assessment Reports)
(1) Each draft strategic environmental impact assessment report under Article 12 (1) of the Act (hereinafter referred to as "draft strategic environmental impact assessment report") shall include the following matters:
1. Summary;
2. Overview of the master development plan;
3. Alternatives to the master development plan and site location (only if a specific site location is specified);
4. The area subject to strategic environmental impact assessment;
5. Feasibility of the master development plan;
6. Appropriateness of site location (if a site location is specified);
7. Details of deliberation by the environmental impact assessment council;
8. Results of the review on opinions submitted by residents, etc. under Article 10 (2).
(2) Except as provided in paragraph (1), further details about the methods of preparing draft strategic environmental impact assessment reports shall be determined and publicly notified by the Minister of Environment.
 Article 12 (Methods for Submitting Draft Strategic Environmental Impact Assessment Reports)
(1) "Heads of other relevant administrative agencies specified by Presidential Decree" in Article 12 (2) 3 of the Act means the following persons: <Amended on Jan. 22, 2016; Nov. 27, 2018>
1. The head of a river basin environment office or the head of a regional environment office (hereinafter referred to as "head of a local environment office"; excluding where the head of a local environment office becomes the head of the consulting agency);
2. The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or a Special Self-Governing Province Governor having jurisdiction over an area affected by the master development plan subject to strategic environmental impact assessment (hereinafter referred to as “area subject to strategic environmental impact assessment”);
3. The head of the Si (including a Special Self-Governing City and referring to an administrative city prescribed in Article 11 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City in cases of Jeju Special Self-Governing Province; hereinafter the same shall apply), Gun, or Gu (Gu meaning an autonomous Gu; hereinafter the same shall apply), having jurisdiction over an area subject to strategic environmental impact assessment.
(2) The head of an administrative agency who formulates a master development plan shall submit a draft strategic environmental impact assessment report printed and bound in a book form in accordance with Article 12 (2) of the Act, and the number of copies to be submitted to each authority shall be as follows: <Amended on Nov. 27, 2018>
1. The head of the consulting agency: 20 copies.
2. The head of the approving agency: 5 copies;
3. The head of the local environment office having jurisdiction over an area subject to strategic environmental impact assessment (excluding where the head of a local environment office becomes the head of the consulting agency): Three copies;
4. The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or a Special Self-Governing Province Governor having jurisdiction over an area subject to strategic environmental impact assessment: Three copies;
5. The head of the Si/Gun/Gu having jurisdiction over an area subject to strategic environmental impact assessment: Five copies.
(3) Upon receipt of a draft strategic environmental impact assessment report made under Article 12 (2) of the Act, a person may notify the head of the administrative agency who intends to formulate the master development plan of his or her opinions on the anticipated environmental impact of the relevant plan, measures for environmental conservation, etc., within 30 days from the date the draft strategic environmental impact assessment report is filed.
 Article 13 (Public Announcement of Draft Strategic Environmental Impact Assessment Reports for Public Inspection)
(1) The head of an administrative agency who intends to formulate a master development plan shall publicly announce the following matters at least once in a general daily newspaper having nationwide distribution under Article 9 (1) of the Act on the Promotion of Newspapers (hereinafter referred to as "daily newspaper") and a general daily newspaper having nationwide distribution mainly in an area subject to strategic environmental impact assessment (hereinafter referred to as "local newspaper") respectively within 10 days from the date he or she submits a draft strategic environmental impact assessment report under Article 12 (2) of the Act and shall make the following matters available for public inspection by residents, etc. in an area subject to strategic environmental impact assessment (hereinafter referred to as "residents") for a period of at least 20 days but not exceeding 40 days. In such cases, holidays and Saturdays shall not be counted in determining the period for public inspection: <Amended on Nov. 27, 2018>
1. Summary of the master development plan;
2. Period and place of public inspection of the draft strategic environmental impact assessment report;
3. Timing and methods for presenting opinions on the draft strategic environmental impact assessment report (including opinions as to whether to hold a public hearing).
(2) When the head of an administrative agency who intends to formulate a master development plan publicly announce information and makes the information available for public inspection under paragraph (1), he or she shall give notice of the public announcement and public inspection as follows: <Amended on Nov. 27, 2018>
1. The information and communications network of the Si/Gun/Gu having jurisdiction over an area subject to strategic environmental impact assessment or of the administrative agency that intends to formulate the master development plan: The notice of public announcement and public inspection and summary of the draft strategic environmental impact assessment report;
2. The information support system for environmental impact assessment: The notice of public announcement and public inspection and the draft strategic environmental impact assessment report.
(3) When the head of an administrative agency who intends to formulate a master development plan intends to publicly announce information under paragraph (1), he or she shall hear the opinion as to the period, place, etc. of public inspection from the head of the Si/Gun/Gu having jurisdiction over an area subject to strategic environmental impact assessment before determining such matters and shall prepare at least one place for public inspection for each Si/Gun/Gu having jurisdiction over the area subject to strategic environmental impact assessment. <Amended on Nov. 27, 2018>
 Article 14 (Methods for Presentation of Opinions of Residents)
Residents may present their opinions on the environmental impact anticipated from the formulation of the relevant plan, measures for environmental conservation, a request for holding a public hearing, etc. to the head of an administrative agency who intends to formulate a master development plan, during a period from the beginning of a period for public inspection of the draft strategic environmental impact assessment report to not more than seven days after the end of the period for public inspection of the draft strategic environmental impact assessment report.
 Article 15 (Presentation)
(1) The head of an administrative agency who intends to formulate a master development plan shall hold a presentation under the main clause of Article 13 (1) of the Act during the period for public inspection of the draft strategic environmental impact assessment report.
(2) If an area subject to strategic environmental impact assessment straddles at least two Sis/Guns/Gus, the head of an administrative agency who intends to formulate a master development plan shall hold a presentation in each Si/Gun/Gu: Provided, That the head of an administrative agency who intends to formulate a master development plan may hold a presentation in one of such Sis/Guns/Gus under an agreement between him or her and the head of each Si/Gun/Gu. <Amended on Nov. 27, 2018>
(3) When the head of an administrative agency who intends to formulate a master development plan intends to hold a presentation under paragraph (1) or (2), he or she shall publicly announce the overview of the project under the master development plan, the timing and place of the presentation, etc. at least once in a daily newspaper and a local newspaper, respectively, by no later than seven days before the date of the presentation: Provided, That the foregoing shall not apply where the notice of holding a presentation is given with the public announcement of the draft strategic environmental impact assessment report under Article 13 (1).
 Article 16 (Public Hearings)
(1) In either of the following cases, the head of an administrative agency who intends to formulate a master development plan shall hold a public hearing pursuant to the proviso of Article 13 (1) of the Act:
1. If the number of residents who have presented opinions that it is necessary to hold a public hearing under Article 14 is at least 30 persons;
2. If the number of residents who have presented opinions that it would be necessary to hold a public hearing under Article 14 is at least five persons, constituting at least 50 percent of all residents who have presented opinions on the draft strategic environmental impact assessment report.
(2) If the head of an administrative agency who intends to formulate a master development plan deems it necessary to extensively gather opinions from relevant experts and residents, he or she may hold a public hearing after the end of the period for public inspection of a draft strategic environmental impact assessment report.
(3) When the head of an administrative agency who intends to formulate a master development plan intends to hold a public hearing under paragraph (1) or (2), he or she shall publicly announce the following matters at least once in a daily newspaper and a local newspaper respectively by no later than 14 days from the date of the public hearing:
1. Overview of the master development plan;
2. Date, time, and venue for the public hearing;
3. Other matters necessary for efficient operation of the public hearing.
(4) The head of an administrative agency who intends to formulate a master development plan shall notify the head of the Si/Gun/Gu having jurisdiction over an area subject to strategic environmental impact assessment of the results of a public hearing, by no later than seven days after the end of the public hearing, as prescribed by Ministerial Decree of Environment. <Amended on Nov. 27, 2018>
(5) Except as provided in paragraphs (1) through (4), matters necessary for holding a public hearing shall be prescribed by Ministerial Decree of Environment.
 Article 17 (Areas for which Collection of Opinions from Relevant Experts is Necessary)
"The areas specified by Presidential Decree" in Article 13 (2) of the Act means the following areas:
1. Natural environment conservation areas under subparagraph 4 of Article 6 of the National Land Planning and Utilization Act;
2. Natural parks under subparagraph 1 of Article 2 of the Natural Parks Act;
3. Wetlands conservation areas and managed wetland environs under Article 8 (1) of the Wetlands Conservation Act;
4. Areas subject to special measures under Article 38 of the Framework Act on Environmental Policy.
 Article 18 (Omitting Presentation or Public Hearings)
(1) Cases where a presentation or public hearing may be omitted under Article 13 (3) of the Act shall be as follows:
1. Where it is impracticable to hold or continue a presentation in a normal condition because of disturbance of residents, etc.;
2. Where it is impracticable to hold or continue a public hearing in a normal condition because of disturbance of residents, etc., although it has been attempted to hold a public hearing at least twice.
(2) When the head of an administrative agency who intends to formulate a master development plan omits a presentation or public hearing under paragraph (1), he or she shall take the following measures pursuant to the latter part of Article 13 (3) of the Act and shall conscientiously endeavor to gather consensus from residents, etc. by other means: <Amended on Nov. 27, 2018>
1. Where a presentation is omitted: The following measures:
(a) Publicly announcing the grounds for omitting the presentation session, the method for public inspection of presentation materials, etc. at least once in a daily newspaper and a local newspaper respectively;
(b) Posting the reasons why the presentation is omitted, presentation materials, etc. on the information and communications network of the Si/Gun/Gu having jurisdiction over an area subject to strategic environmental impact assessment or of the administrative agency that intends to formulate the master development plan or on the information support system for environmental impact assessment;
2. Where a public hearing is omitted: Publicly announcing the reasons why the public hearing is omitted, the timing and method for presenting opinions, the method for public inspection of presentation materials, etc. at least once in a daily newspaper and a local newspaper respectively.
(3) When the head of an administrative agency who intends to formulate a master development plan intends to give public announcement under paragraph (2) 2, he or she shall consult with the head of the Si/Gun/Gu having jurisdiction over an area subject to strategic environmental impact assessment on the timing, period, etc. for presenting opinions. <Amended on Nov. 27, 2018>
 Article 19 (Publication of Results of Consensus Gathered from Residents and whether to Reflect such Consensus)
Pursuant to Article 13 (4) of the Act, the head of an administrative agency who intends to formulate a master development plan shall post the results of consensus gathered from residents, etc. and whether such consensus has been reflected in the plan on the information and communications network of the Si/Gun/Gu having jurisdiction over an area subject to strategic environmental impact assessment or of the administrative agency that intends to formulate the master development plan or on the information support system for environmental impact assessment for at least 14 days before a request for consultation on a strategic environmental impact assessment report under Article 16 (1) or (2) of the Act. <Amended on Nov. 27, 2018; Aug. 10, 2021>
 Article 20 (Further Gathering Consensus from Residents following Amendment of Important Matters)
"Important matter specified by Presidential Decree" in Article 15 (1) of the Act means where the scale of a master development plan on which consultation has been requested under Article 16 of the Act increases by at least 30 percent: Provided, That the foregoing shall not apply where the scale of a master development plan under subparagraph 2 (a) (i), (e) (ii), or (g) (ii) of Appendix 2 increases within the minimum extent of an area specified by Ministerial Decree of Environment (hereinafter referred to as "minimum extent of area") in an area where the master development plan is affected by each item of assessment determined under Article 11 of the Act. <Amended on Nov. 27, 2018>
Section 3 Consultations on Strategic Environmental Impact Assessment Reports
 Article 21 (Preparation of Strategic Environmental Impact Assessment Report)
(1) The strategic environmental impact assessment report referred to in Article 16 (1) or (2) of the Act (hereinafter referred to as "strategic environmental impact assessment report") shall include the following matters: <Amended on Dec. 30, 2015>
1. The items, etc. subject to the strategic environmental impact assessment, determined under Article 11 (1) or (3) of the Act, and measures taken therefor;
2. The results of review of opinions of residents, etc. under Article 10 (2);
3. The matters specified in Article 11 (1); if the strategic environmental impact assessment report concerns a governmental plan in such cases, the term "master development plan" shall be construed as "governmental plan";
4. Opinions of residents and relevant administrative agencies on the draft strategic environmental impact assessment report and whether such opinions have been reflected in the relevant plan (applicable only to a master development plan);
5. Appendices:
(a) Literature and references cited in strategic environmental impact assessment;
(b) Personal data of participants in strategic environmental impact assessment;
(c) A document that indicates the contract amount for strategic environmental impact assessment agency service, such as a copy of an agreement on strategic environmental impact assessment agency service (limited to where an agent is engaged for the formulation of a strategic environmental impact assessment report);
(d) Glossary, etc.
(2) Further details about contents of a strategic environmental impact assessment report, the method of making a strategic environmental impact assessment report, etc. shall be determined and publicly notified by the Minister of Environment, in consultation with the heads of relevant central administrative agencies: Provided, That further details about a governmental plan may be determined and publicly notified separately by the head of the relevant central administrative agency.
 Article 22 (Method of Submitting Strategic Environmental Impact Assessment Reports and Timing for Requesting Consultations)
(1) Pursuant to Article 16 (1) or (2) of the Act, a strategic environmental impact assessment report shall be printed, bound, and submitted in the form of a book, and the number of copies to be submitted to each relevant authority shall be as follows:
1. The head of the approving agency: 5 copies;
2. The head of the consulting agency: 20 copies;
(2) The timing for holding consultations on a strategic environmental impact assessment report under Article 16 (1) or (2) of the Act is as prescribed in Appendix 2.
(3) If a plan determines at least two master development plans with identical objectives successively or includes at least two indivisible master development plans for identical objectives, such plans may be integrated for the purpose of requesting consultations on strategic environmental impact assessment.
(4) Upon receipt of a strategic environmental impact assessment report under Article 16 (2) of the Act, the head of the approving agency shall request the head of the consulting agency to hold consultations within ten days from receipt of the strategic environmental impact assessment report.
 Article 23 (Review, Amendment, and Rejection of Strategic Environmental Impact Assessment Reports)
(1) Pursuant to Article 17 (1) of the Act, the head of the consulting agency shall review the following matters with respect to each strategic environmental impact assessment report:
1. Eligibility for consultations and other formalities;
2. Compliance with the procedures for gathering consensus from residents, etc. and reflection of consensus of residents;
3. Appropriateness of details of the strategic environmental impact assessment report.
(2) “Institutions prescribed by Presidential Decree” in the main clause of Article 17 (2) of the Act means the following: <Newly inserted on May 12, 2020; Mar. 31, 2023>
1. The National Institute of Environmental Research;
4. The Korea Environment Corporation prescribed in the Korea Environment Corporation Act;
5. National Institute of Ecology under the Act on the Establishment and Operation of the National Institute of Ecology;
6. Other institutions determined by the Minister of Environment as having expertise required for environmental impact assessment.
(3) “Grounds specified by Presidential Decree” in Article 17 (3) of the Act means cases where the strategic environmental impact assessment report is not prepared in accordance with the contents and methods prescribed in Article 21. <Amended on May 12, 2020>
(4) When reviewing the strategic environmental impact assessment report, the head of the consulting agency may hear the opinions of related experts as necessary. <Amended on May 12, 2020>
(5) Where intending to reject the strategic environmental impact assessment report pursuant to Article 17 (4) 2 of the Act, the head of the consulting agency shall undergo an examination by the expert committee for reviewing false or inappropriate reports under Article 6-3 (1) 2 and deliberation by the environmental impact assessment council in advance: Provided, That the deliberation by the environmental impact assessment council may be omitted if intending to reject a strategic environmental impact assessment report that the expert committee for reviewing false or inappropriate reports under Article 6-3 (1) 2 has decided to be false. <Added on Nov. 27, 2018; Dec. 31, 2019; May 12, 2020; Mar. 31, 2023>
(6) Except as provided in paragraphs (1) through (5), matters necessary for review criteria, supplementation, rejection, etc. of the strategic environmental impact assessment report shall be determined by the Minister of Environment. <Amended on Nov. 29, 2016; Nov. 27, 2018; May 12, 2020>
[Title Amended on Nov. 29, 2016]
 Article 24 (Requests to Submit Data for Reviewing Strategic Environmental Impact Assessment Reports)
If the head of the consulting agency deems necessary for reviewing a strategic environmental impact assessment report, he or she may request the head of the competent administrative agency under Article 17 (3) of the Act (hereinafter referred to as "head of the competent administrative agency") to submit relevant data. In such cases, the head of the competent administrative agency shall comply with such request, unless there is a compelling reason not to do so.
 Article 25 (Period for Notification of Agreed Terms and Conditions)
"Period specified by Presidential Decree" in the main clause of Article 18 (1) of the Act means 30 days (40 days, if the head of the consulting agency extends the period due to any unavoidable cause). In such cases, the following periods shall not be included in the calculation of the aforementioned period:
1. The period taken for the head of the competent administrative agency to amend the strategic environmental impact assessment report;
2. The period taken for the expert committee to review (limited to a maximum of 45 days);
3. Holidays and Saturdays.
[This Article Wholly Amended on Dec. 31, 2019]
 Article 26 (Notification of Results of Performance of Agreed Terms and Conditions)
(1) The head of the competent administrative agency shall notify the head of the consulting agency of the results of measures taken or a plan for taking measures with respect to agreement terms and conditions within 30 days from the date on which such measures are taken or such plan for taking measures is finalized pursuant to Article 19 (1) of the Act.
(2) If the head of the competent administrative agency has difficulty in reflecting agreed terms and conditions in the relevant plan in accordance with Article 19 (2) of the Act due to a particular reason, he or she shall present a statement of relevant facts and the reason to the head of the consulting agency, and the head of the consulting agency shall review the validity of the statement presented, within 20 days from the date he or she receives the statement and shall notify the head of the competent administrative agency of the results thereof.
 Article 27 (Management and Supervision of Results of Measures or Plans for Measures)
(1) If the head of the consulting agency deems it necessary for ascertaining the outcomes from taking measures taken under Article 19 (1) or the performance of a plan for such measures, he or she may check the performance of agreed terms and conditions, the progress of performance, etc. with the head of the competent administrative agency.
(2) If the head of the consulting agency finds, from ascertaining under paragraph (1), any agreed term or condition not performed, he or she may request the head of the competent administrative agency to take measures necessary for performance of such term or condition.
(3) Upon receipt of a request from the head of the consulting agency under paragraph (2), the head of the competent administrative agency shall comply with such request, unless there is a compelling reason not to do so.
 Article 28 (Cases Subject to Re-Consultation)
(1) Cases where it is required to conduct strategic environmental impact assessment again under Article 20 (1) of the Act shall be as follows: <Amended on Dec. 30, 2015; Nov. 29, 2016>
1. Where the scale is increased by at least 30 percent of the scale reflected in agreed terms and conditions prescribed in Article 18 of the Act (including where the scale increased by accumulated changes is at least 30 percent of the scale reflected in the consultation held under Article 18 of the Act or in the re-consultation prescribed in Article 20 of the Act): Provided, That the foregoing shall not apply where the scale of a master development plan defined in subparagraph 2 (a) (i), (e) (ii), or (g) (ii) of subparagraph 2 of Appendix 2 increases within the minimum extent in an area where a master development plan is affected by each item of assessment determined under Article 11 of the Act;
2. Where a land use plan is amended with respect to at least 10 percent of the area specified as the area that shall be conserved in its original state or that shall be excluded from the plan according to the agreed terms and conditions notified under Article 18 of the Act and the area subject to the amendment is at least 10,000 square meters: Provided, That the foregoing shall not apply where consultation with the head of the consulting agency has been completed on environmental impact assessment under Article 27, 32, or 33 of the Act.
(2) Notwithstanding the main clause of paragraph (1) 1, the increased portion shall be at least the area specified in any of the following subparagraphs, where the relevant plan is an urban/Gun management plan pursuant to subparagraph 4 of Article 2 of the National Land Planning and Utilization Act:
1. 60,000 square meters, where the plan is for an urban area defined under Article 36 (1) 1 of the National Land Planning and Utilization Act (excluding green areas);
2. 10,000 square meters, where the plan is for other than an area referred to in subparagraph 1;
3. An area, the aggregate of which calculated by the following formula is one, where the area over which it is intended to formulate the plan straddles areas referred to in subparagraphs 1 and 2: [Area prescribed in subparagraph 1 / Minimum area subject to strategic environmental impact assessment conducted under subparagraph 1] + [Area prescribed in subparagraph 2 / Minimum area subject to strategic environmental impact assessment conducted under subparagraph 2].
(3) If the head of an administrative agency who formulates a master development plan includes adjoining land, etc. merely for the purpose of security control or safety management or for securing a buffer zone, without any development work, the area of such land, etc. shall not be deemed an increase in the planned scale prescribed in paragraph (1) 1.
 Article 28-2 (Omitting Re-Consultations on Strategic Environmental Impact Assessment)
"Period specified by Presidential Decree" in Article 20 (2) 1 and 2 of the Act means five years, respectively.
[This Article Added on Nov. 29, 2016]
 Article 29 (Consultations on Amendment of Master Development Plans)
(1) "When the head of the competent administrative agency intends to amend a master development plan with respect to any of the matters specified by Presidential Decree" in Article 21 (1) of the Act means any of the following cases: <Amended on Mar. 31, 2023>
1. Where the scale of at least five percent and less than 30 percent of the scale included in the agreed terms and conditions under Article 18 of the Act [in cases of re-consultation under Article 20 of the Act (hereafter in this Article referred to as "re-consultation") or consultation on amendments under Article 21 of the Act (hereafter in this Article referred as "consultation on amendments"), referring to the scale included in the agreed terms and conditions of the final consultation] increases; in such cases, where the scale equivalent to less than five percent of the scale included in the agreed terms and conditions of a consultation, re-consultation, or consultation on amendments under Article 18 of the Act (hereafter in this Article referred to as "consultation, etc.") increases multiple times after the consultation, etc. are held, the scale shall be computed by cumulatively adding up the changes in scale;
2. Where the scale of the plan is not subject to re-consultation under the main clause of Article 28 (1) 1 but increases by not less than the minimum scale subject to strategic environmental impact assessment;
3. Where the scale of at least 30 percent of the scale included in the agreed terms and conditions under Article 18 of the Act increases in the minimum regional scope of areas affected by each item of assessment determined pursuant to Article 11 of the Act (limited to a master plan for development referred to in subparagraph 2 (a) (i), 2 (e) (ii), and (g) (ii) of Appendix 2); in such cases, where the scale equivalent to less than 30 percent of the scale included in the agreed terms and conditions of the relevant consultation, etc. increases multiple times after consultation, etc. are held, the scale shall be computed by cumulatively adding up the changes in scale;
4. Where the scale of at least 30 percent included in the agreed terms and conditions under Article 18 of the Act increases and the increased portion is less than the area specified in the subparagraphs of Article 28 (2) (limited to an urban or Gun management plan defined in subparagraph 4 of Article 2 of the National Land Planning and Utilization Act); in such cases, where the scale equivalent to less than 30 percent of the scale included in the terms and conditions of the relevant consultation, etc. increases multiple times after the consultation, etc. are held, the scale shall be computed by cumulatively adding up the changes in scale;
5. Where the area specified in the agreed terms and conditions notified under Article 18 of the Act as an area that shall be conserved in its original state or that shall be excluded from development is developed, but the developed area is less than the area subject to re-consultation under the main clause of Article 28 (1) 2;
6. Where it is intended to amend any of the matters specified in the agreed terms and conditions notified under Article 18 (1) of the Act as matters on which the opinion of the head of the consulting agency shall be sought when it is intended to amend such, taking into consideration the nature of the relevant project plan.
(2) If the head of an administrative agency who formulates a master development plan includes adjoining land, etc. merely for the purpose of security control or safety management or for securing a buffer zone, without development activity, such inclusion shall not be deemed an amendment under any subparagraph of paragraph (1).
(3) Notwithstanding paragraph (1), where the consultation, re-consultation or consultation on amendment has been held pursuant to the following classifications, with regard to a master development plan to be amended, along with the documents prescribed in the subparagraphs of paragraph (5), it shall be deemed that the consultation on amendment of the master development plan under Article 21 (1) of the Act has been held: <Amended on Mar. 31, 2023>
1. Where the re-consultation or consultation on amendment with the head of the consulting agency has been held with respect to environmental impact assessment pursuant to Article 27, 32, or 33 of the Act;
2. Where the consultation or consultation on amendment with the head of the consulting agency has been held with respect to mini environmental impact assessment pursuant to Article 44 or 46-2 of the Act.
(4) If the head of the approving agency deems it necessary to seek the opinion of the consulting agency on the feasibility of an amendment to a master development plan, the appropriateness of site location, etc. when he or she intends to amend the plan, he or she may also consult with the head of the consulting agency on the amendment to any matter not specified in paragraph (1).
(5) A person who intends to consult with the head of the consulting agency on an amendment to a master development plan under Article 21 (1) of the Act shall prepare a document about the following matters and submit it to the head of the consulting agency:
1. Details of the amendment to the master development plan;
2. Grounds for the feasibility of the amendment to the master development plan, the appropriateness of site location, etc.
 Article 30 (Consultations on Amendment of Governmental Plans)
(1) "When the head of the competent administrative agency intends to amend a governmental plan with regard to any of the matters prescribed by Presidential Decree" in Article 21 (2) of the Act means when the head of the competent administrative agency intends to amend a governmental plan with regard to any of the matters specified in the agreed terms and conditions notified under Article 18 (1) of the Act as those on which the head of the competent administrative agency shall seek the opinion of the consulting agency before making any amendment thereto.
(2) A person who intends to consult with the head of the consulting agency on an amendment to a governmental plan under Article 21 (2) of the Act shall prepare a document about the following matters and submit it to the head of the consulting agency:
1. Details of the amendment to the governmental plan;
2. Grounds for the feasibility of the amendment to the governmental plan.
CHAPTER III ENVIRONMENTAL IMPACT ASSESSMENT
Section 1 Subject Matters of Environmental Impact Assessment
 Article 31 (Projects Subject to Environmental Impact Assessment and Scope of such Projects)
(1) "The facilities specified by Presidential Decree" in Article 22 (1) 18 of the Act means disposal facilities or public disposal facilities under subparagraph 8 or 9 of Article 2 of the Act on the Management and Use of Livestock Excreta.
(2) Further details about the categories and scope of projects subject to environmental impact assessment under Article 22 (2) of the Act are as prescribed in Appendix 3.
Section 2 Collection of Opinions on Draft Environmental Impact Assessment Reports
 Article 32 (Period for Deliberation on Preparatory Statements for Assessment)
(1) "Period specified by Presidential Decree" in the provision, with the exception of its subparagraphs, of Article 24 (1) of the Act means a period from the day a project plan subject to environmental impact assessment is formulated until the day immediately before the date a draft environmental impact assessment report under Article 25 (1) of the Act is completed.
(2) "Period specified by Presidential Decree" in Article 24 (4) of the Act means 30 days. In such cases, a period that a project implementer under Article 22 (1) of the Act (hereafter in this Chapter referred to as "project implementer") needs for amending a preparatory statement for evaluation, holidays, and Saturdays shall be excluded in the period of deliberation. <Amended on Nov. 27, 2018>
 Article 33 (Publication of Determined Items of Environmental Impact Assessment)
(1) The items, etc. of strategic environmental impact assessment, as determined under Article 24 (7) of the Act, shall be published within 20 days from the date of determination and shall be posted on the information and communications network operated by the head of the relevant Si/Gun/Gu or the head of the approving agency or on the information support system for environmental impact assessment for at least 14 days. <Amended on Nov. 11, 2014>
(2) If residents, etc. present opinions on the items, etc. of environmental impact assessment, which have been published under paragraph (1), the head of the approving agency or the head of the consulting agency shall review such opinions and shall include the opinions in the draft environmental impact assessment report under Article 25 (1) of the Act or the summary assessment report under Article 51 (1) of the Act.
 Article 34 (Preparation of Draft Environmental Impact Assessment Reports)
(1) A draft environmental impact assessment report under Article 25 (1) of the Act (hereinafter referred to as "draft environmental impact assessment report") shall include the following matters:
1. Summary;
2. Overview of the relevant project;
3. The extent of an area affected by each item of assessment by the implementation of the project subject to environmental impact assessment and the present environmental condition of its environs;
4. Whether agreed terms and conditions have been reflected, if consultations on strategic environmental impact assessment have been held under Article 18 of the Act;
5. The items, etc. of environmental impact assessment, determined under Article 24 (1) and (4) of the Act, and measures taken therefor;
6. Results of environmental impact assessment on the following matters:
(a) Results of survey, forecasting, and evaluation on each item of environmental impact assessment;
(b) Measures for environmental conservation;
(c) Inevitable environmental impacts and countermeasures against such impacts;
(d) Formulation and evaluation of alternatives;
(e) Comprehensive evaluation and conclusion;
(f) A plan for follow-up survey of environmental impacts.
(2) Except as provided in paragraph (1), further details about the method of making a draft environmental impact assessment report shall be determined and publicly notified by the Minister of Environment.
 Article 35 (Methods of Submitting Draft Environmental Impact Assessment Reports)
(1) Pursuant to Article 25 (2) of the Act, a project implementer shall submit a draft environmental impact assessment report to the heads of the following administrative agencies:
1. The head of the Si/Gun/Gu having jurisdiction over a project zone subject to environmental impact assessment (hereinafter referred to as "relevant project zone") (referring to the head of the Si/Gun/Gu having jurisdiction over the largest or longest section of the relevant project zone, if the relevant project zone straddles the areas within jurisdiction of at least two Sis/Guns/Gus);
2. The head of the Si/Gun/Gu who is not the head of the Si/Gun/Gu referred to in subparagraph 1 (hereinafter referred to as "the competent head of Si/Gun/Gu") but has jurisdiction over an area subject to environmental impact assessment (hereinafter referred to as "head of a relevant Si/Gun/Gu");
3. The head of the approving agency;
4. The head of the consulting agency;
5. The head of the local environmental office having jurisdiction over an area subject to environmental impact assessment (excluding cases where the head of a local environment office becomes the head of the consulting agency);
6. The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or a Special Self-Governing Province Governor having jurisdiction over an area subject to the relevant project zone.
(2) A draft environmental impact assessment report shall be submitted in the form of a printed and bound book, and the number of copies to be submitted to each authority shall be as follows:
1. The head of the competent Si/Gun/Gu: 10 copies;
2. The head of a relevant Si/Gun/Gu: 5 copies;
3. The head of the approving agency: 5 copies;
4. The head of the consulting agency: 20 copies;
5. The head of the local environment office having jurisdiction over an area subject to environmental impact assessment (excluding cases where the head of a local environment office becomes the head of the consulting agency): 3 copies;
6. The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or a Special Self-Governing Province Governor having jurisdiction over the relevant project zone: 3 copies.
 Article 36 (Public Announcement of Draft Environmental Impact Assessment Reports for Public Inspection)
(1) The head of the competent Si/Gun/Gu shall publicly announce the following matters at least once in a daily newspaper and a local newspaper respectively within 10 days from the date a draft environmental impact assessment report under Article 35 (1) is filed and shall make the following matters available for public inspection of residents, etc. in an area subject to environmental impact assessment (hereafter in this Chapter referred to as "residents") for a period of at least 20 days, but not more than 40 days, unless there is a compelling reason not to do so, such as a natural disaster. In such cases, holidays and Saturdays shall be excluded in the period for public inspection: <Amended on Nov. 27, 2018>
1. Overview of the project;
2. Period and place of public inspection of the draft environmental impact assessment report;
3. Timing and methods for presenting opinions on the draft environmental impact assessment report (including opinions as to whether to hold a public hearing).
(2) When the head of the competent Si/Gun/Gu publishes information and makes the information available for public inspection under paragraph (1), he or she shall give notice of the public announcement and public inspection as follows:
1. The information and communications network of the Si/Gun/Gu having jurisdiction over the project zone: The notice of public announcement and public inspection and summary of the draft environmental impact assessment report;
2. The information support system for environmental impact assessment: The notice of public announcement and public inspection and the draft environmental impact assessment report.
(3) When the head of the competent Si/Gun/Gu intends to publicly announce information under paragraph (1), he or she shall hear the opinion on the period, place, etc. of public inspection from the head of the relevant Si/Gun/Gu before determining such matters and shall prepare at least one place for public inspection in an area within the jurisdiction of the head of the competent Si/Gun/Gu and an area within the jurisdiction of the head of the relevant Si/Gun/Gu, respectively.
 Article 37 (Vicarious Execution of Procedures for Public Announcement and Public Inspection by Head of Approving Agency)
(1) If the head of the competent Si/Gun/Gu does not publicly announce a draft environmental impact assessment report or does not make a draft environmental impact assessment report available for public inspection within 20 days from the date when the draft environmental impact assessment report is filed, without valid cause, such as a natural disaster, the head of the approving agency may publicly announce the draft environmental impact assessment report and make it available for public inspection on behalf of the head of the competent Si/Gun/Gu pursuant to Article 36.
(2) If the head of the approving agency intends to vicariously execute the procedures for public announcement and public inspection pursuant to paragraph (1), he or she shall notify the head of the competent Si/Gun/Gu of his or her intention.
(3) Articles 36, 38, and 39 shall apply mutatis mutandis to the procedures applicable to cases where the head of the approving agency vicariously executes public announcement and public inspection pursuant to paragraph (1). In such cases, the term "the competent head of Si/Gun/Gu" shall be deemed "the head of the approving agency."
 Article 38 (Methods, etc. for Presentation of Opinions of Residents, etc.)
(1) Residents may present their opinions on the environmental impact anticipated as a consequence of the implementation of the relevant project, measures for environmental conservation, a request for holding a public hearing, etc. to the head of the competent Si/Gun/Gu or to the head of the related Si/Gun/Gu, during a period from the beginning of the period for public inspection of the draft environmental impact assessment report to not more than seven days after the end of the period for public inspection of the draft environmental impact assessment report. Upon receipt of opinions from residents in such cases, the head of the related Si/Gun/Gu shall notify the head of the competent Si/Gun/Gu of the residents' opinions within ten days from the end of the period for public inspection of the draft environmental impact assessment report.
(2) The head of an administrative agency referred to in the provisions of Article 35 (1) 2 through 6 may notify the head of the competent Si/Gun/Gu of his or her opinion on the environmental impact anticipated as a consequence of the implementation of the relevant project, measures for environmental conservation, etc. within 30 days from the date when the draft environmental impact assessment report is filed.
(3) Upon receipt of the opinions presented or notified under paragraph (1) or (2), the head of the competent Si/Gun/Gu shall notify the project implementer of the opinions presented or notified, within 14 days from the end of the period for public inspection of the draft environmental impact assessment report. If the head of the competent Si/Gun/Gu has an opinion on the draft environmental impact assessment report in such cases, he/may add his or her opinion to such notice.
 Article 39 (Holding of Presentations)
(1) A project implementer shall hold a presentation in accordance with Article 25 (2) of the Act during the period for public inspection of a draft environmental impact assessment report.
(2) If a project zone subject to environmental impact assessment straddles at least two Sis/Guns/Gus, the relevant project implementer shall hold a presentation in each Si/Gun/Gun respectively: Provided, That a project implementer may hold a presentation in either Si or Gun or Gu under an agreement with the heads of each Si/Gun/Gun involved.
(3) If it is impracticable to hold a presentation under paragraphs (1) and (2) due to the implementation of crisis control measures against infectious diseases under Article 34 (1) of the Infectious Disease Control and Prevention Act, a presentation may be held by non-face-to-face methods. In such cases, a project implementer that shall obtain approval, etc. shall undergo consultation with the head of the approving agency. <Added on Mar. 31, 2023>
(4) If a project implementer intends to hold a presentation under paragraph (1) or (2), he or she shall publicly announce the overview of the project, the date, time, and place of the presentation, etc. at least once in a daily newspaper and a local newspaper respectively, no later than seven days before the date of holding the presentation: Provided, That the foregoing shall not apply where the notice of holding a presentation is given in the public announcement of the draft environmental impact assessment report under Article 36 (1). <Amended on Mar. 31, 2023>
 Article 40 (Public Hearings, etc.)
(1) In either of the following cases, a project implementer shall hold a public hearing in accordance with Article 25 (2) of the Act:
1. If the number of residents who have presented opinions that it would be necessary to hold a public hearing under Article 38 is at least 30 persons;
2. If the number of residents who have presented opinions that it is necessary to hold a public hearing under Article 38 is at least five persons, constituting at least 50 percent of all residents who have presented opinions on the draft environmental impact assessment report.
(2) If a project implementer deems it necessary to extensively collect opinions from relevant experts and residents, he or she may hold a public hearing after the period for public inspection of a draft environmental impact assessment report.
(3) When a project implementer intends to hold a public hearing under paragraph (1) or (2), he or she shall publicly announce the following matters in a daily newspaper and a local newspaper respectively by no later than 14 days from the date of the public hearing:
1. Overview of the project;
2. Date, time, and venue for the public hearing;
3. Other matters necessary for efficient operation of the public hearing.
(4) A project implementer shall notify the head of the competent Si/Gun/Gu and the head of the related Si/Gun/Gun of the results of a public hearing, by no later than seven days after the end of the public hearing, as prescribed by Ministerial Decree of Environment.
(5) Except as provided in paragraphs (1) through (4), matters necessary for holding a public hearing shall be prescribed by Ministerial Decree of Environment.
 Article 41 (Omitting of Presentation or Public Hearings)
(1) Cases where a presentation or public hearing may be omitted under Article 25 (2) of the Act shall be as follows:
1. Where it is impracticable to hold or continue a presentation in a normal condition because of disturbance of residents, etc.;
2. Where it is impracticable to hold or continue a public hearing in a normal condition because of disturbance of residents, etc., although it has been attempted to hold a public hearing at least twice.
(2) When a project implementer omits a presentation or public hearing under paragraph (1), he or she shall take the following measures and shall endeavor to hear opinions of residents, etc. in good faith by other means:
1. Where a presentation is omitted: The following measures:
(a) Publicly announcing the grounds for omitting the presentation session, the method for public inspection of presentation materials, etc. at least once in a daily newspaper and a local newspaper respectively;
(b) Posting the reasons why the presentation session is omitted, presentation materials, etc. in the information and communications network of the relevant Si/Gun/Gu or in the information support system for environmental impact assessment;
2. Where a public hearing is omitted: Publicly announcing the reasons why the public hearing is omitted, the timing and method for presenting opinions, the method for public inspection of presentation materials, etc. at least once in a daily newspaper and a local newspaper respectively.
(3) When a project implementer intends to publicly announce the matters referred to in paragraph (2) 2, he or she shall consult with the head of the competent Si/Gun/Gu on the timing, period, etc. for presenting opinions.
 Article 42 (Areas for which Collection of Opinions from Relevant Experts, etc. is Necessary)
When a project implementer intends to implement a project subject to environmental impact assessment in any of the following areas in accordance with Article 25 (2) of the Act, he or she shall seek opinions of experts and persons who are not residents in the assessed area in addition to residents' opinions:
1. Natural environment conservation areas under subparagraph 4 of Article 6 of the National Land Planning and Utilization Act;
2. Natural parks under subparagraph 1 of Article 2 of the Natural Parks Act;
3. Wetlands conservation areas and managed wetland environs under Article 8 (1) of the Wetlands Conservation Act;
4. Areas subject to special measures under Article 38 of the Framework Act on Environmental Policy.
 Article 43 (Publication of Outcomes of Opinions Collected from Residents and whether to Reflect such Opinions)
Pursuant to Article 25 (1) or (3) of the Act, the outcomes of opinions collected from residents, etc. and whether such opinions have been reflected in the relevant project plan shall be posted on the information and communications network operated by the head of the relevant Si/Gun/Gu or the head of the approving agency or on the information support system for environmental impact assessment for at least 14 days before a request for consultation on an environmental impact assessment report under Article 27 (1) of the Act. <Amended on Nov. 29, 2016; Aug. 10, 2021>
 Article 44 (Procedures for Omitting Drafting of Environmental Impact Assessment Reports)
(1) When a project implementer intends to omit the procedures of drafting an environmental impact assessment report and collecting opinions thereon under Article 25 (5) of the Act, he or she shall prepare documents evidencing that all the requirements specified in the subparagraphs of that paragraph are satisfied and request the head of a consulting agency to hold consultations thereon. In such cases, a project implementer obliged to obtain approval, etc. (referring to permission, authorization, approval, or a license granted, or decision made on execution plans, implementation plans, and others; hereinafter the same shall apply) shall request a consultation via the head of the approving authority. <Amended on Nov. 29, 2016; Dec. 20, 2022>
(2) Upon receipt of a request for consultation held under paragraph (1), the head of the consulting agency shall notify the project implementer of agreed terms and conditions within 30 days from the date when such request for consultation is made.
 Article 45 (Further Gathering Consensus from Residents following Amendment of Important Matters)
"Important matters specified by Presidential Decree" in Article 26 (1) of the Act means the following cases: <Amended on Nov. 27, 2018>
1. Where the scale of a project subject to environmental impact assessment increases by at least 30 percent of the scale of a project on which consultation has been requested under Article 27 of the Act: Provided, That cases where the scale of a construction project specified in subparagraph 3 (c) (ii) or (d) (ii), 5, or 7 (a) or (b) of Appendix 3 (limited to a project for a length of at least four kilometers) increases to the minimum extent of an area in the area affected by each item of assessment determined under Article 24 of the Act shall be excluded herefrom;
2. Where the scale of a project increases to not smaller than the minimum scale subject to environmental impact assessment under Appendix 3: Provided, That the foregoing shall not apply where only the building site of a factory under the Industrial Cluster Development and Factory Establishment Act increases and no additional damage to the natural environment or no additional emission of pollutants occurs;
3. Where it is intended to newly construct a waste incineration plant, waste landfill site, public sewage treatment plant, or livestock excreta treatment plant (including public disposal facilities and recycling facilities), the scale of which is at least 50 percent of the minimum scale subject to environmental impact assessment under Appendix 3;
4. Where a project implementer fails to submit an environmental impact assessment report in accordance with Article 27 of the Act within five years from the end of the period for public inspection of the draft environmental impact assessment report.
Section 3 Consultation and Re-Consultation on Environmental Impact Assessment Reports and Amendments Thereof
 Article 46 (Preparation of Environmental Impact Assessment Reports)
(1) The environmental impact assessment report under Article 27 of the Act (hereinafter referred to as "environmental impact assessment report") shall include the following matters: <Amended on Dec. 30, 2015>
1. The items, etc. of environmental impact assessment, determined under Article 24 (1) or (2) of the Act, and measures taken therefor;
2. The results of review of opinions of residents, etc. under Article 33 (2);
3. The matters specified in Article 34 (1);
4. Opinions of residents, experts, and relevant administrative agencies on the draft environmental impact assessment report and the project implementer's opinion of review thereon;
5. Appendices:
(a) Literature and references cited in environmental impact assessment;
(b) Personal data of participants in environmental impact assessment;
(c) A document that indicates the contract amount for strategic environmental impact assessment agency service, such as a copy of an agreement on strategic environmental impact assessment agency service (limited to where an agent is engaged for the preparation of a strategic environmental impact assessment report);
(d) Glossary, etc.
(2) The method of preparing the matters specified in paragraph (1) and other matters necessary for making an environmental impact assessment report shall be determined and publicly notified by the Minister of Environment.
 Article 47 (Methods of Submitting Environmental Impact Assessment Reports, and Timing for Requesting Consultations)
(1) Pursuant to Article 27 (1) or (2) of the Act, an environmental impact assessment report shall be printed, bound, and submitted in the form of a book, and the number of copies to be submitted to each relevant authority shall be as follows:
1. The head of the approving agency: 5 copies;
2. The head of the consulting agency: 20 copies;
(2) The timing for consultations on an environmental impact assessment report under Article 27 (1) of the Act is as prescribed in Appendix 3.
(3) Upon receipt of an environmental impact assessment report under Article 27 (2) of the Act, the head of the approving agency shall request the head of the consulting agency to hold consultations within 10 days from receipt of the environmental impact assessment report.
 Article 48 (Review of Environmental Impact Assessment Reports)
(1) Pursuant to Article 28 (1) of the Act, the head of the consulting agency shall review the following matters with respect to an environmental impact assessment report:
1. Eligibility for consultations and other formalities;
2. Compliance with the procedures for gathering consensus from residents, etc. and reflection of consensus of residents;
3. Validity of details of the environmental impact assessment report.
(2) “Institutions prescribed by Presidential Decree” in the main clause, with the exception of its subparagraphs, of Article 28 (2) of the Act means institutions under the subparagraphs of Article 23 (2). <Added on May 12, 2020>
(3) “Grounds specified by Presidential Decree” in Article 28 (3) of the Act means any of the following: <Amended on May 12, 2020>
1. Where the environmental impact assessment report is not prepared in accordance with the contents and methods of preparation under Article 46;
2. Where it is deemed necessary to adjust or supplement the project plan, etc. because the implementation of a project subject to environmental impact assessment poses a threat to the environment.
(4) When reviewing the environmental impact assessment report, the head of the consulting agency may hear the opinions of relevant experts as necessary. <Amended on May 12, 2020>
(5) If necessary for the review of the environmental impact assessment report, the head of the consulting agency may request the head of the approving agency to submit relevant data. In such cases, the head of the approving agency shall comply therewith, unless there is any special reason. <Amended on May 12, 2020>
(6) Where intending to reject the strategic environmental impact assessment report pursuant to Article 28 (4) 2 of the Act, the head of the consulting agency shall undergo a review by the expert committee and deliberation by the environmental impact assessment council in advance: Provided, That the deliberation by the environmental impact assessment council may be omitted if intending to reject a strategic environmental impact assessment report that the expert committee has decided to be false. <Added on Nov. 27, 2018; Dec. 31, 2019; May 12, 2020>
(7) Except as provided in paragraphs (1) through (6), matters necessary for review criteria, supplementation, adjustment, rejection, etc. of the strategic environmental impact assessment report shall be determined by the Minister of Environment. <Amended on Nov. 29, 2016; Nov. 27, 2018; May 12, 2020>
[Title Amended on Nov. 29, 2016]
 Article 49 (Projects Subject to Environmental Impact Assessment on which Opinion shall be Sought from Minister of Oceans and Fisheries)
"The projects specified by Presidential Decree" in Article 28 (2) 2 of the Act are as follows: Provided, That projects subject to approval, etc., from the Minister of Oceans and Fisheries shall be excluded herefrom: <Amended on Mar. 23, 2013>
1. Projects for construction of a harbor;
2. Projects for reclamation of coastal land and development of land;
3. Projects that involve a coastal land area defined under subparagraph 3 of Article 2 of the Coast Management Act;
4. Other projects deemed to have a serious impact on marine environment by the Minister of Environment.
[Title Amended on Mar. 23, 2013]
 Article 50 (Period for Notification of Agreed Terms and Conditions)
"Period specified by Presidential Decree" in the main clause of Article 29 (1) of the Act means 45 days (60 days, if the head of the consulting agency extends the period due to any unavoidable cause). In such cases, the following periods shall not be included in the calculation of the aforementioned period:
1. The period taken for the project implementer to supplement the strategic environmental impact assessment report;
2. The period taken for the expert committee to review (limited to a maximum of 45 days);
3. Holidays and Saturdays.
[This Article Wholly Amended on Dec. 31, 2019]
 Article 51 (Notification of Results of Reflection of Agreed Terms and Conditions)
If the head of the approving agency shall notify the head of the consulting agency as to whether agreed terms and conditions have been reflected and the details so reflected pursuant to Article 30 (3) of the Act, he or she shall give notice within 30 days from the date on which he or she approves or confirms the relevant project or project plan (hereinafter referred to as "project or project plan") reflecting the agreed terms and conditions under Article 29 (1) of the Act.
 Article 52 (Requests for Adjustment)
A person who intends to request adjustment of agreed terms and conditions under Article 31 (1) of the Act shall submit a document describing the following matters to the Minister of Environment within 90 days from the date on which the agreed terms and conditions are notified under Article 29 of the Act: <Amended on Nov. 11, 2014>
1. Details of, and reasons for, requested adjustment;
2. Agreed terms and conditions to be amended;
3. Analysis of the environmental impacts ensuing from the amendment to agreed terms and conditions.
 Article 53 (Period for Notification of Results of Deliberation on Requests for Adjustment)
"Period specified by Presidential Decree" in Article 31 (2) of the Act means 30 days (40 days, if the period is extended due to extenuating circumstances). In such cases, the period for amending the request for adjustment, holidays, and Saturdays shall be excluded in the period for notification. <Amended on Nov. 27, 2018>
 Article 54 (Cases Subject to Re-Consultation on Environmental Impact Assessment Reports)
(1) "Period specified by Presidential Decree" in the main clause of Article 32 (1) 1 of the Act means five years. <Amended on Nov. 11, 2014>
(2) "Where ... increased to at least the scale specified by Presidential Decree" in Article 32 (1) 2 of the Act means an increase of the scale of a project or facilities included in the agreed terms and conditions prescribed in Article 29 (1) of the Act by at least the minimum scale subject to environmental impact assessment specified in Appendix 3 (excluding where only the building site of a factory under the Industrial Cluster Development and Factory Establishment Act increases and no additional damage to natural environment or no additional pollutants are emitted). In such cases, when the scale has increased by less than the minimum scale subject to environmental impact assessment on several occasions, the scale amended on such several occasions shall be aggregated. <Amended on Mar. 31, 2023>
(3) "Where the area to be developed is at least the scale specified by Presidential Decree or where it is intended to alter the location of such area" in Article 32 (1) 3 of the Act means where the area which is intended to develop or relocate, out of the area specified to be conserved in its original state or to be excluded from the project according to the agreed terms and conditions notified under Article 29 (1) of the Act, is at least 30 percent of the minimum scale of the project subject to environmental impact assessment (including where the scale of the area to be developed according to accumulated changes is at least 30 percent of the minimum scale of the project subject to environmental impact assessment).
(4) "Events specified by Presidential Decree" in Article 32 (1) 4 of the Act means any of the following cases: <Amended on Nov. 11, 2014; Mar. 31, 2023>
1. Where only the building site of a factory under the Industrial Cluster Development and Factory Establishment Act increases and no additional damage to natural environment or no additional pollutants are emitted, and where the project implementer who fails to have a re-consultation on the environmental impact assessment report intends to perform any act of doing harm to the natural environment or emitting any pollutant in the site;
2. Where construction works are resumed after being suspended for at least seven years.
 Article 54-2 (Omitting Re-Consultation on Environmental Impact Assessment)
"Period specified by Presidential Decree" in Article 32 (2) 1 and 2 of the Act means five years, respectively.
[This Article Added on Nov. 29, 2016]
 Article 55 (Documents to Be Submitted for Requesting Review of Plans for Environmental Conservation)
(1) A person who intends to receive a review of a plan for environmental conservation in accordance with the main clause of Article 33 (2) of the Act shall submit documents describing the following matters, to the head of the approving agency:
1. Details of the amendment to the project plan, etc.;
2. Outcomes of the survey, forecasting, and assessment of the environmental impact ensuing from the amendment to the project plan, etc.;
3. Details of the plan for environmental conservation following the amendment to the project plan, etc.
(2) "Cases specified by Presidential Decree" in Article 33 (3) of the Act shall be any of the following: <Amended on Nov. 11, 2014; Dec. 30, 2015; Jan. 16, 2018; Dec. 31, 2019; Dec. 20, 2022; Mar. 31, 2023>
1. Where the guidelines for consultations are amended;
2. Where the scale of the relevant project or facilities falls under any of the following: Provided, That the foregoing shall not apply where the scale of a linear project completed in accordance with the project plan, etc. already consulted (referring to a linear project; a project for constructing power transmission lines prescribed in subparagraph 3 (c) (ii) or (d) (ii) of Appendix 3; a project for dredging sea routes prescribed in subparagraph 4 (c) of that Table; a project for constructing roads prescribed in subparagraph 5 of that Table; a project for constructing railroads prescribed in subparagraph 7 (a) and (b) of that Table; a project for utilizing or developing a river prescribed in subparagraph 9 of that Table; or a project for constructing forest roads prescribed in subparagraph 12 (b) of that Table; hereinafter the same shall apply) is additionally increased; or a linear project (limited to a project for the construction of a railroad under subparagraph 7 (a) or (b) of Appendix 3 the length of which is at least four kilometers) is increased for the minimum area within an area affected by each item of assessment determined under Article 24 of the Act.
(a) Where projects or facilities the scale of which accounts for at least 10 percent of the projects and facilities included in the agreed terms and conditions under Article 29 (1) of the Act [in cases of re-consultation under Article 32 (1) of the Act (hereafter in this Article referred to as "re-consultation") or consultation on amendments to agreed terms and conditions under Article 33 (3) of the Act (hereafter in this Article referred as "consultation on amendments"), referring to the scale of the entire projects and facilities included in the agreed terms and conditions of the final consultation] grow in scale; in such cases, if the projects and facilities, the scale of which is less than 10 percent and which are included in the agreed terms and conditions of consultations, re-consultations, or consultations on amendments under Article 29 (1) of the Act (hereafter in this Article referred to as "consultation, etc."), grow in scale multiple times after holding the consultations, etc., the scale of expansion shall be computed by cumulatively adding up the changes in scale;
(b) Where the scale of a project (referring to the scale of the entire projects included in the agreed terms and conditions of the final consultations in cases of re-consultation or consultation on amendments) which is increased following the growth of a project scale included in the agreed terms and conditions prescribed in Article 29 (1) of the Act satisfies the scale of the projects subject to mini environmental impact assessment under Article 43 of the Act (in cases where a temporary site office is installed to manage the construction work of the relevant project or in cases of construction projects referred to in subparagraph 3 (c) (ii) of Appendix 3 which does not accompany alteration of land form and quality, the land area thereof shall not be included herein). In such cases, if the scale of the projects included in the agreed terms and conditions of the relevant consultations, etc. after holding consultations, etc. is increased multiple times, the scale of expansion shall be computed by cumulatively adding up the changes in scale.
3. Deleted. <Nov. 11, 2014>
4. Where a land use plan is amended for an area corresponding to more than five percent of the land area or not less than 10,000 square meters of the land area specified in the agreed terms and conditions under Article 29 (1) of the Act to be conserved in its original state or to be excluded from the plan (referring to the area to be conserved in its original state or to be excluded from the agreed terms and conditions of the final consultations in cases of re-consultation or consultation on amendments). In such cases, if the land use plan is amended multiple times for a land corresponding to not more than five percent of the land area or less than 10,000 square meters of the area specified in the agreed terms and conditions to be conserved in its original state or to be excluded from the plan after holding the relevant consultations, etc., the land area shall be computed by cumulatively adding up the land areas changed multiple times;
5. A land use plan is amended for an area corresponding to at least 15 percent of the area of a building site included in the agreed terms and conditions under Article 29 (1) of the Act (referring to the whole area of a building site included in the agreed terms and conditions of the final consultation in the cases of re-consultation or consultation on amendments). In such cases, if the land use plan is amended multiple times for an area corresponding to less than 15 percent of the area of the building site included in the agreed terms and conditions of consultations, etc. after holding the relevant consultations, etc., the area shall be computed by cumulatively adding up the areas changed multiple times;
6. Where an amendment is made with regard to any of the matters specified, as at the time agreed terms and conditions are notified under Article 29 (1) of the Act, as matters concerning buildings or other structures subject to restrictions on site location in the project site (including types of business, if the project is for the development of an industrial site or industrial complex) or as other matters on which the opinion of the head of the consulting agency shall be sought in advance if it is intended to amend agreed terms and conditions;
7. Where the amount of pollutants emitted or discharged (referring to pollutants whose permissible emission levels are set under Article 16 of the Clean Air Conservation Act or Article 32 of the Water Environment Conservation Act; hereinafter the same shall apply) which are included in the agreed terms and conditions under Article 29 (1) of the Act (in cases of re-consultation or consultation on amendments, referring to the amount of pollutants emitted or discharged that are reflected in the agreed terms and conditions of the final consultation) is increased by at least 30 percent, or the amount of pollutants not included in the agreed terms and conditions under Article 29 (1) of the Act are emitted or discharged 30 percent above the permissible emission levels. In such cases, if pollutants included in the agreed terms and conditions after having been discussed during the consultation, etc. and less than 30 percent of the permissible emission levels of such pollutants are emitted or discharged multiple times with incremental increases in amounts, the amount of pollutants emitted or discharged shall be calculated by cumulatively adding up the amount of emissions or discharges increased multiple times.
(3) When the head of the approving agency intends to seek an opinion in accordance with Article 33 (3) of the Act, he or she shall submit documents describing the matters referred to in paragraph (1) to the head of the consulting agency.
Section 4 Fulfillment of Agreed Terms and Conditions and Management of Performance
 Article 55-2 (Publication of Findings of Follow-Up Survey of Environmental Impacts)
Where the Minister of Environment is to review and disclose findings of a follow-up survey of environmental impacts submitted by a project implementer and measures taken therefor under Article 36 (3) of the Act, he or she shall post details thereof on the information support system for environmental impact assessment within seven days from the date of completing the review.
[This Article Added on Nov. 27, 2018]
[Previous Article 55-2 moved to Article 55-3 <Nov. 27, 2018>]
 Article 55-3 (Institutions Qualified for Review on Findings of Follow-up Surveys of Environmental Impacts)
"Institutions specified by Presidential Decree" in Article 36 (4) of the Act means the following institutions: <Amended on Feb. 25, 2020; May 12, 2020; Mar. 31, 2023>
1. The National Institute of Environmental Research;
3. The Korea Environment Institute established pursuant to the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes;
4. The Korea Environment Corporation prescribed in the Korea Environment Corporation Act;
5. National Institute of Ecology under the Act on the Establishment and Operation of the National Institute of Ecology;
[This Article Added on Mar. 30, 2015]
[Moved from Article 55-2 <Nov. 27, 2018>]
 Article 55-4 (Publication of Commencement of Projects)
Where the head of the approving agency is notified of the commencement, etc. of a project by a project implementer pursuant to Article 37 (1) of the Act, he or she shall disclose details thereof by any of the following methods within seven days from the date he or she is notified pursuant to paragraph (2) of that Article:
1. Posting the relevant details on the website of a Si/Gun/Gu having jurisdiction over an area subject to assessment;
2. Publicly announcing the relevant details at least once in a local newspaper of a Si/Gun/Gu having jurisdiction over an area subject to assessment.
[This Article Added on Nov. 27, 2018]
 Article 56 (Notification of Results of Ascertainment of Fulfillment of Agreed Terms and Conditions)
The head of the approving agency shall notify the head of the consulting agency of the results of ascertainment under Article 39 (1) as to whether agreed terms and conditions have been fulfilled, as prescribed by Ministerial Decree of Environment.
 Article 56-2 (Standards for Imposing Penalty Surcharges)
(1) Where penalty surcharges are to be imposed in lieu of reinstating a site pursuant to Article 40-2 (1) of the Act, the amount of penalty surcharges shall be calculated according to the following formula:
The amount of a penalty surcharge = Total construction cost x 3/100
(2) The total construction cost referred to in paragraph (1) means the contract amount related to the project subject to the order to reinstate the site prescribed in Article 40 (4) of the Act (where a contract has not been concluded, referring to the estimated price prescribed in Article 7 of the Enforcement Decree of the Act on Contracts to Which the State Is a Party).
(3) The Minister of Environment or the head of the approving agency may reduce the amount of a penalty surcharge referred to in paragraph (1) by up to 1/2 in any of the following cases: Provided, That the same shall not apply to a violator in arrears of a penalty surcharge; <Added on Mar. 31, 2023>
1. Where it is deemed that a violation is caused from minor neglect or mistake;
2. Where it is deemed that the violator has endeavored to correct or lessen the effect of the violation of the Act;
3. Where it is deemed necessary to reduce the amount of a penalty surcharge in consideration of the level of a violation, reasons for the violation, the results thereof, etc.
[This Article Added on Nov. 27, 2018]
 Article 57 (Notification of Results of Re-assessment of Environmental Impacts)
"Period specified by Presidential Decree" in Article 41 (2) of the Act means one year.
Section 5 Environmental Impact Assessment under Municipal Ordinance of City/Do
 Article 58 (Scope of Projects Subject to Environmental Impact Assessment under Municipal Ordinance of City/Do)
Projects falling within "the scope specified by Presidential Decree" in Article 42 (1) of the Act are as follows:
1. A project, the scale of which is at least 50 percent but not exceeding 100 percent of the project specified in Appendix 3;
2. A project, the scale of which is less than 50 percent of the project specified in Appendix 3 or a project within the scope agreed between the Governor of the Special Metropolitan City or a Metropolitan City or the Governor of a Do, or a Special Self-Governing Province (excluding large cities with a population of at least 500,000 persons within his or her jurisdiction) or the Mayor of a large city with a population of at least 500,000 persons and the Minister of Environment, among projects not specified in Appendix 3.
CHAPTER IV MINI ENVIRONMENTAL IMPACT ASSESSMENT
 Article 59 (Projects Subject to Mini Environmental Impact Assessment and Scope thereof)
The categories and scope of areas and development projects subject to mini environmental impact assessment under Article 43 (1) of the Act are as prescribed in Appendix 4.
 Article 60 (Preparation of Mini Environmental Impact Assessment Reports)
(1) A mini environmental impact assessment report under Article 44 (1) of the Act (hereinafter referred to as "mini environmental impact assessment report") shall include the following matters: <Amended on Dec. 30, 2015>
1. Overview of the project;
2. The scope of an area subject to environmental impact assessment and the present conditions of land use and environment of the areas around the relevant project site;
3. Appropriateness of site location (excluding projects for which strategic environmental impact assessment has been conducted);
4. Outcomes of the survey, forecasting, and assessment of environmental impacts;
5. Measures for environmental conservation;
6. Appendices:
(a) Literature and references cited in mini environmental impact assessment report;
(b) Personal data of participants in mini environmental impact assessment;
(c) A document that indicates the contract amount for mini environmental impact assessment agency service, such as a copy of an agreement on mini environmental impact assessment agency service (limited to where an agent is engaged for the formulation of a mini environmental impact assessment report);
(d) Glossary, etc.
(2) With respect to any of small-scale development projects that fall within the categories, scale, etc. determined and publicly notified by the head of the consulting agency as he or she deems that the environmental impact of such projects is minor, a project implementer obliged to obtain approval, etc., or the head of the approving agency may be permitted to omit part of the matters specified in paragraph (1) when he or she prepares a mini environmental impact assessment report. <Amended on Nov. 11, 2014>
(3) If the head of the consulting agency has reviewed a strategic environmental impact assessment report under Article 17 of the Act with regard to sub-items of mini environmental impact assessment in Appendix 1, he or she may permit the following matters to be omitted: <Amended on Nov. 11, 2014>
1. If part of sub-items of mini environmental impact assessment in Appendix 1 has been reviewed: Preparation of reviewed items of assessment;
2. If all sub-items of mini environmental impact assessment in Appendix 1 have been reviewed: Preparation of the mini environmental impact assessment report under Article 44 of the Act and the procedures for requesting consultations thereon.
(4) Except as provided in paragraphs (1) through (3), further details about preparation of a mini environmental impact assessment report, etc. shall be determined and publicly notified by the Minister of Environment.
 Article 61 (Methods of Submitting Mini Environmental Impact Assessment Reports and Timing for Requesting Consultations)
(1) Pursuant to Article 44 (1) or (2) of the Act, a mini environmental impact assessment report shall be printed, bound, and submitted in book form, and the number of copies to be submitted to each relevant authority is as follows:
1. The head of the approving agency: 5 copies;
2. The head of the consulting agency: 10 copies.
(2) The timing for consultations on a mini environmental impact assessment report under Article 44 (2) of the Act is as prescribed in Appendix 4.
(3) Upon receipt of a mini environmental impact assessment report under Article 44 (1) of the Act, the head of the approving agency shall request the head of the consulting agency to hold consultations within ten days from receipt of the mini environmental impact assessment report.
 Article 61-2 (Omitting Preparing Mini Environmental Impact Assessment Reports and Requesting Consultation)
"Period specified by Presidential Decree" in Article 44 (3) 1 and 2 of the Act means five years, respectively.
[This Article Added on Nov. 29, 2016]
 Article 62 (Period for Notification of Agreed Terms and Conditions)
(1) "Period specified by Presidential Decree" in Article 45 (1) of the Act means 30 days (40 days, if the head of the consulting agency extends the period due to any unavoidable cause): Provided, That the period shall be 20 days in cases of small-scale development projects referred to in Article 60 (2) (30 days, if the head of the consulting agency extends the period due to any unavoidable cause). <Amended on Dec. 30, 2015>
(2) The following periods shall not be included in the calculation of the period under paragraph (1): <Amended on Dec. 31, 2019>
1. The period taken for the head of the approving agency to supplement the strategic environmental impact assessment report;
2. The period taken for the expert committee to review (limited to a maximum of 45 days);
3. Holidays and Saturdays.
 Article 63 (Amendment or Adjustment of Mini Environmental Impact Assessment Reports)
(1) "The grounds specified by Presidential Decree" in Article 45 (3) of the Act means the following cases:
1. Where a mini environmental impact assessment report has not been prepared in accordance with the details, method, etc. prescribed in Article 60;
2. Where the implementation of a project subject to mini environmental impact assessment is likely to harm the environment, and it is deemed necessary to adjust or amend the relevant project plan.
(2) If the head of the consulting agency deems necessary for reviewing a mini environmental impact assessment report, he or she may request the head of the approving agency to furnish him or her with relevant data, etc. In such cases, the head of the approving agency shall comply with such request, except in extenuating circumstances.
(3) Except as provided in paragraphs (1) and (2), the guidelines for the review on mini environmental impact assessment reports or matters necessary for amendment, adjustment, rejection, etc. of such reports shall be prescribed by the Minister of Environment. <Added on Dec. 30, 2015; Nov. 29, 2016>
 Article 63-2 (Consultations on Amendment of Mini Environmental Impact Assessment Reports)
(1) “Any of the grounds prescribed by Presidential Decree, such as additionally developing an area previously determined to be conserved in its original state or an area previously determined to be excluded from development” in Article 46-2 (1) of the Act means any of the following: <Amended on Dec. 31, 2019>
1. Where the guidelines for consultations are amended;
2. Where the scale of the project is increased by at least 30 percent, compared to the project scale reflected in the agreed terms and conditions prescribed in Article 45 (1) of the Act (including where the increase due to cumulative amendments is at least 30 percent of the project scale according to the consultation prescribed in Article 45 (1) of the Act and the consultation on amendments prescribed in Article 46-2 of the Act) or where the site area increased due to the increase in the scale of the project is equal to or larger than the scale of the projects subject to mini environmental impact assessment under Appendix 4: Provided, That the foregoing shall not apply when a linear project completed according to the agreed project plan, etc. is further increased or when a linear project is increased within the minimum extent of an area (referring to the minimum extent of an area in the area affected by each item of assessment);
3. Where a land use plan is amended with respect to at least 30 percent of the site area included in the agreed terms and conditions prescribed in Article 45 (1) of the Act (referring to the site area reflected in the final consultation where a project has undergone consultation on an amendment under Article 46-2 of the Act). In such cases, if consultation is made under Article 45 (1) of the Act or if consultation on amendments is made under Article 46-2 (3) of the Act, leading to multiple amendments of the land use plan with respect to less than 30 percent of the site area finally determined by the relevant consultation, the area to be amended by the land use plan shall be determined by accumulating the areas amended successively;
4. Where a land use plan is amended with respect to more than five percent of the area determined as an area that shall be conserved in its original state or that shall be excluded from development according to the agreed terms and conditions prescribed in Article 45 (1) of the Act (including where an increased area due to accumulated amendments exceeds five percent);
5. Where a project is not commenced within five years after the approval or determination of the project plan, etc.: Provided, That the foregoing shall not apply when the surrounding circumstances have changed slightly during the period while the project is not commenced, regarding which the head of the approving agency, etc. has consulted with the Minister of Environment.
(2) Any person who intends to have his or her plan for environmental conservation reviewed pursuant to Article 46-2 (2) of the Act shall submit documents containing the following to the head of the approving agency:
1. Amendments to the project plan, etc.;
2. Investigation, prediction, and evaluation results of environmental impacts due to amendments to the project plan, etc.;
3. Details of the plan for environmental conservation according to amendments to the project plan, etc.
(3) A project implementer or the head of the approving agency who wishes to hear opinions pursuant to Article 46-2 (3) of the Act shall submit documents containing the matters prescribed in the subparagraphs of paragraph (2) to the Minister of Environment.
[This Article Added on Nov. 27, 2018]
CHAPTER V SPECIAL PROVISIONS CONCERNING ENVIRONMENTAL IMPACT ASSESSMENTS
 Article 64 (Scope of Projects Subject to Summary Process)
"Project specified by Presidential Decree" in Article 51 (1) of the Act means a project that meets all the following requirements: <Amended on Nov. 29, 2016; May 26, 2020; Mar. 31, 2023>
1. A project, for which the scale subject to consultations or re-consultation on environmental impact assessment is not more than 200 percent of the minimum scale subject to environmental impact assessment under Appendix 3 and the environmental impact is insignificant;
2. A project that does not include any of the following areas highly valued for environmental and ecological conservation in the project zone:
(a) A zone rated first grade in the ecological zoning map prescribed in Article 34 of the Natural Environment Conservation Act;
(b) A wetlands conservation area and managed wetland environs prescribed in Article 8 of the Wetlands Conservation Act;
(c) A natural park prescribed in subparagraph 1 of Article 2 of the Natural Parks Act;
(d) A special protection district for wildlife or a protection district for wildlife prescribed in Article 27 or 33 of the Wildlife Protection and Management Act;
(e) A protection zone prescribed in Article 2 (5) of the Cultural Heritage Protection Act;
(f) A riparian zone prescribed in Article 4 of the Act on Water Management and Resident Support in the Geum River Basin;
(g) A riparian zone prescribed in Article 4 of the Act on Water Management and Resident Support in the Nakdong River Basin;
(h) A riparian zone prescribed in Article 4 of the Act on Water Management and Resident Support in the Yeongsan and Seomjin River Basins;
(i) A riparian zone prescribed in Article 4 of the Act on the Improvement of Water Quality and Support for Residents of the Han River Basin;
(j) A water-source protection area prescribed in Article 7 of the Water Supply and Waterworks Installation Act.
 Article 65 (Preparation of Summary Assessment Reports)
(1) A summary assessment report under Article 51 (1) of the Act shall include the following matters:
1. The items, etc. of environmental impact assessment, determined under Article 24 (1) or (2) of the Act, and measures taken therefor;
2. The matters specified in subparagraphs of Article 34 (1);
(2) Further details about the method of preparing summary assessment reports under paragraph (1) shall be determined and publicly notified by the Minister of Environment.
 Article 66 (Period for Deliberation on Determining Projects Subject to Summary Process)
"The period specified by Presidential Decree" in Article 51 (4) of the Act means the period from the day on which a project plan subject to environmental impact assessment is formulated to the day immediately before the completion of a draft environmental impact assessment report.
 Article 67 (Preparation of Assessment Reports including Agreed Terms and Conditions)
(1) "Period specified by Presidential Decree" in Article 52 (3) of the Act means 40 days. In such cases, holidays and Saturdays shall be excluded from the period for presenting opinions. <Amended on Nov. 27, 2018>
(2) An environmental impact assessment report under Article 52 (1) or (2) of the Act shall include the following matters: <Amended on Dec. 30, 2015>
1. The items, etc. of environmental impact assessment, determined under Article 24 (1) or (2) of the Act, and measures taken therefor;
2. The results of review of opinions of residents, etc. under Article 33 (2);
3. The matters specified in Article 34 (1);
4. Opinions of residents, experts, and relevant administrative agencies on the summary assessment report and the project implementer's opinion of review thereon;
5. Appendices:
(a) Literature and references cited in environmental impact assessment;
(b) Personal data of participants in environmental impact assessment;
(c) A document that indicates the contract amount for summary environmental impact assessment agency service, such as a copy of an agreement on summary environmental impact assessment agency service (limited to where an agent is engaged for the formulation of a summary environmental impact assessment report);
(d) Glossary, etc.
CHAPTER VI ENGAGEMENT OF AGENT FOR ENVIRONMENTAL IMPACT ASSESSMENT
 Article 67-2 (Institutions and Organizations Subject to Evaluation of Capability to Perform Projects)
"Institutions and organizations specified by Presidential Decree" in Article 53 (2) 4 of the Act means the following institutions, etc.: <Amended on Nov. 24, 2020>
1. An institution funded by the State or by a local government;
2. The implementer of a project entrusted by the State, a local government, or a public enterprise or a quasi-governmental institution defined by Article 5 (4) 1 or 2 of the Act on the Management of Public Institutions;
3. A project implementer defined by subparagraph 7 of Article 2 of the Act on Public-Private Partnerships in Infrastructure or a person entrusted by such project implementer with the implementation of a project.
[This Article Added on Dec. 30, 2015]
 Article 67-3 (Subjects and Standards of Evaluation of Capability to Perform Projects)
(1) The projects subject to the evaluation of capability to perform projects under Article 53 (2) of the Act are as follows:
1. A project for providing agency service to formulate an environmental impact assessment report, etc., if the estimated price for the project is at least 210 million won;
2. A project for providing agency service to formulate an environmental impact assessment report, etc., if the project shall be awarded through bidding under Article 18 of the Enforcement Decree of the Act on Contracts to Which the State Is a Party;
3. A project for providing agency service to formulate an environmental impact assessment report, etc., if excessive competition is likely to bring about poor outcomes.
(2) Notwithstanding paragraph (1), a contracting authority may elect not to evaluate an agent's capability to perform a project for agency service to formulate an environmental impact assessment report, etc., if the project can be awarded by a no-bid contract under the proviso of Article 7 (1) of the Act on Contracts to Which the State Is a Party, notwithstanding paragraph (1).
(3) The standards for the evaluation of capability to perform projects under Article 53 (2) of the Act shall be as prescribed in Appendix 4-2.
[This Article Added on Dec. 30, 2015]
 Article 67-4 (Method and Procedure of Evaluation of Capability to Perform Projects)
(1) Where a contracting authority is required to evaluate an agent's capability to perform projects under Article 53 (2) of the Act, the contracting authority shall publicly announce the implementation plan, including the matters specified by Ministerial Decree of Environment, by not later than 60 days before the scheduled date of public notice on bidding for agency service for formulating the relevant environment impact assessment report, etc.
(2) A person who intends to participate in a project publicly announced under paragraph (1) for providing agency service for formulating an environment impact assessment report, etc. shall file an application for participation in performance of the project with the contracting authority by not later than 30 days before the scheduled date of public notice on bidding for the relevant project. If two or more persons intend to jointly participate in a project in such cases, the persons shall file an application for participation in performance of the project under the joint name.
(3) Pursuant to Article 53 (2) of the Act, a contracting authority shall evaluate the capability of the persons who have filed an application for participation in performance of the project in accordance with paragraph (2) and may permit the environment impact assessment agents who are competent for the relevant project for providing agency service for formulating an environment impact assessment report, etc. in the bidding process. The data prepared by the Environmental Impact Assessment Association under Article 67-5 with respect to the evaluation of capability to perform projects may be utilized in such cases.
(4) A contracting authority shall give notice on the results of evaluation to the environment impact assessment agents who are evaluated as competent under paragraph (3).
[This Article Added on Dec. 30, 2015]
 Article 67-5 (Association's Cooperation)
Upon receipt of a request from a contracting authority for cooperation under Article 53 (3) of the Act, the Environmental Impact Assessment Association established pursuant to Article 71 of the Act may provide the contracting authority with data regarding the evaluation of capability of environment impact assessment agents to perform projects by utilizing the following data:
1. Current status of the registration of environmental impact assessment businesses under Article 54 of the Act;
2. Records of performance of agency service for environmental impact assessment under Article 61 of the Act;
3. Other data regarding the evaluation of capability of environment impact assessment agents to perform projects.
[This Article Added on Dec. 30, 2015]
 Article 68 (Registration of Environmental Impact Assessment Business)
(1) A person who intends to register his or her business as an agent for environmental impact assessment under Article 54 (1) of the Act (hereinafter referred to as "environmental impact assessment business") shall file an application for registration of the environmental impact assessment business (or an application in an electronic form) with the Minister of Environment, along with the following documents, as prescribed by Ministerial Decree of Environment:
1. A business registration certificate (or matching relevant data in lieu thereof, against the corporate registration certificate available for sharing administrative information under Article 36 (1) of the Electronic Government Act, if the applicant is a corporation);
2. Documents evidencing technical capacity and qualifications in possession;
3. A list of facilities and equipment (a copy of a contract for engagement of a measuring agent, if such contract exists).
(2) Technical personnel, facilities, equipment, etc. of environmental impact assessment businesses by rating category under Article 54 (4) of the Act are as prescribed in Appendix 5.
(3) The scope of business activities of environmental impact assessment businesses for each rating category under Article 54 (4) of the Act is as follows:
1. Class-I environmental impact assessment businesses:
(a) Acting as an agent for preparing a draft strategic environmental impact assessment report under Article 9 of the Act (including a preparatory statement for assessment) and an assessment report;
(b) Acting as an agent for preparing a draft environmental impact assessment report under Article 22 of the Act (including a preparatory statement for assessment) and an assessment report;
(c) Acting as an agent for preparing reports on follow-up survey of environmental impacts under Article 36 of the Act;
(d) Acting as an agent for preparing an environmental impact assessment report under municipal ordinance of a City/Do pursuant to Article 42 of the Act;
(e) Acting as an agent for preparing a mini environmental impact assessment report under Article 43 of the Act;
(f) Acting as an agent for preparing a summary assessment report or an environmental impact assessment report under Article 51 or 52 of the Act;
(g) Acting as an agent for preparing reports on the survey, forecasting, and assessing an impact on the natural and ecological environment and for preparing a conservation plan, as necessary for making an assessment report or survey report under items (a) through (f);
2. Class-II environmental impact assessment businesses: Business activities specified in subparagraph 1 (g).
(4) A person who operates a Class-I environmental impact assessment business registered under paragraph (3) 1 (hereinafter referred to as "Class-I environmental impact assessment agent") may subcontract business affairs for the survey, forecasting, and assessment of an impact on the natural and ecological environment and for preparing a conservation plan, as necessary for preparing an assessment report or survey report under paragraph (3) 1, to a person who engages in a Class-II environmental impact assessment business registered under paragraph (3) 2. <Amended on Nov. 27, 2018>
 Article 69 (Amendment to Registered Descriptions of Environmental Impact Assessment Businesses)
(1) "The material facts specified by Presidential Decree" in Article 54 (2) of the Act are as follows:
1. Trade name or name;
2. Representative;
3. Technical personnel in service and the scope of business;
4. The location of the department in charge of assessment and the laboratory;
5. The measuring agent and details of the relevant contract (only where a contract for engagement of a measuring agent has been signed in accordance with Appendix 5).
(2) An environmental impact assessment agent who intends to register any change in registration in accordance with Article 54 (2) of the Act, shall file an application for registration of the change with the Minister of Environment, along with documents evidencing the details of the change and the certificate of the environmental impact assessment business, within 60 days from the day on which such change occurs, as prescribed by Ministerial Decree of Environment.
CHAPTER VI-II FOSTERING OF ENVIRONMENT IMPACT ASSESSMENT ENGINEERS
 Article 69-2 (Standards for Qualification of Environmental Impact Assessment Engineers)
(1) "A person specified by Presidential Decree" in Article 62-2 (1) 1 of the Act means any of the qualified engineers specified in Appendix 5-2.
(2) "A person who has the educational background or work experience specified by Presidential Decree" in Article 62-2 (1) 2 of the Act means any of the persons with the educational background or work experience specified in Appendix 5-2.
[This Article Added on Nov. 29, 2016]
 Article 69-3 (Courses of and Timing for Education and Training)
(1) The courses of, the timing for, etc. educating and training a person recognized by the Minister of Environment pursuant to Article 62-3 (2) of the Act in accordance with Article 62-2 (2) of the Act (hereinafter referred to as "environment impact assessment engineer"), from among the persons falling under any subparagraph of Article 62-2 (1) of the Act, shall be as prescribed in Appendix 5-3.
(2) If an environment impact assessment engineer has difficulty in undergoing an educational or training course at the time specified in paragraph (1) due to any inevitable circumstance, he or she shall apply for postponing the educational or training course, as prescribed by Ministerial Decree of Environment.
(3) The Minister of Environment may evaluate the details of educational and training courses conduced for environment impact assessment engineers subject to the educational and training courses.
(4) The Minister of Environment shall issue a certificate of completion of an educational or training course to an environment impact assessment engineer who has completed the educational or training course.
(5) When the Minister of Environment intends to collect expenses incurred in providing educational and training courses from the employer who has employees who shall undergo the educational and training courses, pursuant to Article 62-2 (3) of the Act, shall determine and publicly notify the amount of such expenses.
[This Article Added on Nov. 29, 2016]
CHAPTER VII ENVIRONMENTAL IMPACT ASSESSORS
 Article 70 (Qualification Examinations)
(1) Deleted. <Nov. 29, 2016>
(2) The Minister of Environment may entrust a specialized institution designated and publicly notified by the Minister of Environment with the performance of administrative affairs related to qualification examinations for environment impact assessment engineers prescribed in Article 63 (1) of the Act (hereinafter referred to as "qualification examinations"), the management of qualifications, etc. <Amended on Nov. 29, 2016>
(3) The State and local governments shall preferentially treat persons qualified as environmental impact assessors to the extent that such preferential treatment does not breach any other statute and regulation.
 Article 71 (Qualifications for Examinations)
The qualification of an applicant for a qualification examination shall be as prescribed in Appendix 6. <Amended on Nov. 29, 2016>
 Article 72 (Standards and Methods for Testing)
(1) Questions in a qualification examination shall be appropriate for ascertaining whether the applicants have learned the knowledge or abilities specified in the following subparagraphs:
1. Expertise in environmental impact assessment and related systems;
2. The ability to assess environmental appropriateness of site location and plans in regard to various administrative plans and development projects;
3. The ability to comprehensively adjust environmental impact assessments in each stage;
4. The ability to comprehensively adjust items of assessment.
(2) Deleted. <Nov. 29, 2016>
(3) Persons who successfully pass the primary test are qualified for the secondary test.
(4) The primary test shall be a written test in description or essay format, while the secondary test shall be an oral test, and examination subjects shall be as prescribed in Appendix 7.
(5) In order to pass the primary or secondary test, a person shall obtain 40 points for each subject and at least average 60 points for all subjects, out of 100 points per subject.
(6) Public announcement of a qualification examination, the procedure for filing an application for an examination, the imposition and refund of fees, the issuance of qualification certificates, the commissioning of test organizers, and other necessary matters shall be prescribed by Ministerial Decree of Environment.
 Article 73 (Partial Exemption from Subjects of Examination)
The criteria for persons eligible for partial exemption from subjects of the primary test administered under Article 63-2 (3) of the Act and exempted subjects shall be as prescribed in Appendix 8.
[This Article Wholly Amended on Nov. 29, 2016]
 Article 74 (Criteria for Cheating)
“Cheating behaviors prescribed by Presidential Decree” in Article 63-2 (5) of the Act means the cheating behaviors under Article 10 (6) of the National Technical Qualifications Act.
[This Article Added on May 12, 2020]
 Article 75 Deleted. <Nov. 29, 2016>
CHAPTER VIII SUPPLEMENTARY PROVISIONS
 Article 76 (Publication of Environmental Impact Assessment Reports)
(1) When the head of the consulting agency intends to publish an environmental impact assessment report, etc., pursuant to Article 66 (1) of the Act, he or she shall publish it by using the information support system for environmental impact assessment during the period specified in any of the following subparagraphs: Provided, That the timing for publishing such report may be changed, if the project implementer or the head of the approving institution requests to publish it at a different time specified by him or her: <Amended on Nov. 11, 2014>
1. An environmental impact assessment report, etc., and agreement terms and conditions thereof: Within 30 days from the date the head of the consulting agency gives notice of agreed terms and conditions;
2. Re-consultation of an environmental impact assessment report, etc., and agreement terms and conditions thereof: Within 30 days from the day the head of the consulting agency gives notice of agreed terms and conditions;
3. Consultation of an amendment to an environmental impact assessment report, etc., a plan for environmental conservation, or an opinion of review (only where it is required to seek the opinion of the head of the consulting agency): Within 30 days from the day the head of the consulting agency gives notice of agreed terms and conditions;
4. A report on a follow-up survey of environmental impact: Within 30 days from the day the report on follow-up survey of environmental impact is delivered;
5. An assessment report reflecting the agreed terms and conditions, etc. under Article 52 of the Act: Within 15 days from the day the assessment report is submitted.
(2) Except as provided in paragraph (1), matters necessary for publication of environmental impact assessment reports, etc. shall be determined by the Minister of Environment.
 Article 77 (Delegation or Entrustment)
(1) Pursuant to Article 72 (1) of the Act, the Minister of Environment shall delegate the following authority to the heads of regional environmental agencies and offices: <Amended on Nov. 29, 2016; Nov. 27, 2018; Dec. 31, 2019; May 12, 2020>
1. Issuing an order to suspend construction works, reinstate the site, or take other necessary measures or requesting to issue such order prescribed in Article 34 (4) of the Act;
2. Receiving notices for designating a manager prescribed in Article 35 (3) of the Act;
3. Receiving and reviewing the notice of the results of the follow-up survey of environmental impact prescribed in Article 36 of the Act;
4. Receiving notice of the commencement, etc. of a project prescribed in Article 37 (1) of the Act;
5. Receiving notice of the progress of performance of agreed terms and conditions and the ground for succession prescribed in Article 38 (2) of the Act;
6. Requesting to submit data or entering a place of business to conduct an inspection prescribed in Article 39 (2) of the Act;
7. Receiving the results of ascertaining fulfillment of agreed terms and conditions and ascertaining fulfillment thereof prescribed in Article 39 (3) of the Act;
8. Ascertaining whether the agreed standards prescribed in Article 40 (3) of the Act have been complied with;
8-2. Issuing an order to suspend construction works, reinstate the site, or take other necessary measures prescribed in Article 40 (4) of the Act;
9. Receiving notice of an order issued by the head of the approving agency to take measures or to suspend construction works under Article 40 (5) of the Act or notice of implementation of measures by the project implementer under that paragraph;
9-2. Imposition and collection of penalty surcharges under Article 40-2 (1) of the Act;
9-3. Issuing an order to take measures and the requests therefor under Article 41 (3) of the Act;
10. Issuing an order to suspend construction works or take other necessary measures or requesting to issue such order prescribed in Article 47 (3) of the Act;
11. Receiving notice of the commencement, etc. of a project prescribed in Article 48 of the Act;
12. Requesting to submit data, ascertaining the fulfillment of agreed terms and conditions, or issuing an order to take measures prescribed in Article 49 of the Act;
13. Canceling registration or issuing an order to suspend business operations prescribed in Article 58 of the Act;
14. Issuing an order to submit a report or data or conducting an inspection prescribed in Article 60 of the Act;
14-2. Revoking or suspending the recognition of an environment impact assessment engineer prescribed in Article 62-4 of the Act;
15. Revoking or suspending qualifications prescribed in Article 65 of the Act;
16. Holding hearings prescribed in Article 67 of the Act;
17. Imposing and collecting an administrative fine prescribed in Article 76 of the Act;
18. The following authority with respect to any of the projects specified in Appendix 9:
(a) Forming and operating the environmental impact assessment council prescribed in Article 8 of the Act (excluding affairs related to the adjustment of agreed terms and conditions prescribed in Article 31 of the Act);
(b) Receiving draft strategic environmental impact assessment reports prescribed in Article 12 (2) of the Act and presenting opinions thereon;
(c) Receiving strategic environmental impact assessment reports prescribed in Article 16 of the Act;
(d) Reviewing, amending, rejecting, and re-reviewing strategic environmental impact assessment reports prescribed in Article 17 of the Act;
(e) Giving notice of agreed terms and conditions of strategic environmental impact assessment reports prescribed in Article 18 of the Act;
(f) Receiving notice of the results of measures taken or plans for taking measures prescribed in Article 19 of the Act and consulting with the head of the competent administrative agency thereon;
(g) Re-consulting on strategic environmental impact assessment reports prescribed in Article 20 of the Act;
(h) Consulting on amendments to strategic environmental impact assessment reports prescribed in Article 21 of the Act;
(i) Determining and giving notice of the items, scope, etc. of assessment conducted under Article 24 (3) or (4) of the Act;
(j) Receiving draft environmental impact assessment reports prescribed in Article 25 (2) of the Act and presenting opinions thereon;
(k) Consulting on environmental impact assessment reports prescribed in Article 27 of the Act;
(l) Reviewing, amending, adjusting, and rejecting environmental impact assessment reports prescribed in Article 28 of the Act;
(m) Giving notice of agreed terms and conditions prescribed in Article 29 of the Act;
(n) Receiving notice of the results of reflection of agreed terms and conditions prescribed in Article 30 of the Act and requesting to reflect agreed terms and conditions;
(o) Re-consulting on environmental impact assessment reports prescribed in Article 32 of the Act;
(p) Consulting on amendments to environmental impact assessment reports prescribed in Article 33 of the Act;
(q) Reviewing the results of the follow-up survey of environmental impact prescribed in Article 36 (1) of the Act;
(r) Requesting re-assessment under Article 41 (1) of the Act;
(s) Receiving mini environmental impact assessment reports prescribed in Article 44 (2) of the Act;
(t) Giving notice of agreed terms and conditions of mini environmental impact assessment reports prescribed in Article 45 (1) of the Act;
(u) Amending, adjusting, rejecting, or re-reviewing mini environmental impact assessment reports or relevant project plans prescribed in Article 45 (3) through (5) of the Act;
(v) Receiving notice of the results of reflection of agreed terms and conditions prescribed in Article 46 (2) of the Act and requesting to reflect agreed terms and conditions;
(w) Submitting opinions under Article 46-2 (3) of the Act;
(x) Receiving notice of the results of reflection of the plan for environmental conservation under Article 46-2 (4) of the Act and requesting the reflection of the plan for environmental conservation;
(y) Receiving requests to determine whether an environmental impact assessment may be conducted in accordance with the summary process under Article 51 (3) or (4) of the Act and giving notice of the results thereof;
(z) Giving notice of opinions, where the opinion presented under Article 52 (1) or (2) of the Act differs from agreed terms and conditions;
(aa) Giving notice of an opinion prescribed in Article 52 (3) of the Act;
(bb) Receiving environmental impact assessment reports prescribed in Article 52 (4) of the Act;
(cc) Publishing environmental impact assessment reports, etc. prescribed in Article 66 (1) of the Act;
(dd) Receiving requests for non-publication of an environmental impact assessment report, etc., prescribed in Article 66 (2) of the Act and taking measures therefor;
(ee) Publishing violations of consultations on environmental impact assessment under Article 66-2 of the Act.
(2) Pursuant to Article 72 (2) of the Act, the Minister of Environment shall entrust the following administrative affairs to the institutions designated and publicly notified under paragraphs (3) and (4): <Amended on Nov. 29, 2016; May 12, 2020>
1. Registering environmental impact assessment businesses prescribed in Article 54 of the Act and of amendments thereto;
1-2. Receiving reports on succession to rights and obligations prescribed in Article 56-2 (2) of the Act;
2. Receiving reports on permanent or temporary closure of business prescribed in Article 57 of the Act;
3. Receiving reports from environmental impact assessment agents prescribed in Article 60 of the Act;
4. Receiving reports from environmental impact assessment agents on the performance of environmental impact assessments prescribed in Article 61 of the Act and publicly announcing the records of performance of each environmental impact assessment agent and the details of administrative dispositions;
4-2. Receiving applications for recognizing the applicant as an environment impact assessment engineer prescribed in Article 62-3 (1) of the Act or for revising such recognition; and retaining and managing the records of work experience, etc. and issuing the certificates of work experience as an environment impact assessment engineer prescribed in Article 62-3 (3) of the Act;
5. Affairs related to the qualification examinations for environmental impact assessors prescribed in Article 63 and Article 63-2 of the Act, the issuance of qualification certificates, testing, the management of qualification, etc.;
6. Establishing and operating the informatization system prescribed in Article 70 (4) of the Act.
(3) The institutions to which the administrative affairs prescribed in paragraph (2) may be entrusted shall be as follows: <Amended on Nov. 29, 2016>
1. The environmental impact assessment association prescribed in Article 71 of the Act;
2. The Korean Environmental Preservation Association prescribed in Article 59 of the Framework Act on Environmental Policy;
4. A non-profit corporation incorporated with permission from the Minister of Environment prescribed in Article 32 of the Civil Act;
5. The Korea Environmental Industry and Technology Institute prescribed in the Korea Environmental Industry and Technology Institute Act;
6. The Korea Environment Corporation prescribed in the Korea Environment Corporation Act;
7. The Human Resources Development Service of Korea prescribed in the Human Resources Development Service of Korea Act.
(4) When the Minister of Environment designates an entrusted institution prescribed in paragraph (2), he or she shall publicly notify the name, address, and representative of the entrusted institution, the scope of entrusted affairs, the methods for handling such affairs, and other necessary matters.
(5) An institution entrusted with affairs prescribed in paragraph (2) shall submit a semi-annual report on the results of entrusted and handled affairs to the Minister of Environment by no later than the last day of the month immediately following the end of each half-year.
(6) Pursuant to Article 72 (2) of the Act, the Minister of Environment shall entrust the following affairs to the institutions designated and publicly notified under paragraphs (7) and (8): <Added on Nov. 29, 2016>
1. Providing educational and training courses for environment impact assessment engineers prescribed in Article 62-2 (2) of the Act;
2. Filing an application for postponing educational or training courses prescribed in Article 69-3 (2);
3. Evaluating the details of educational and training courses prescribed in Article 69-3 (3);
4. Issuing a certificate of completion of an educational or training course prescribed in Article 69-3 (4);
5. Collecting education and training expenses prescribed in Article 69-3 (5).
(7) In order for an institution to qualify for being entrusted with affairs prescribed in paragraph (6), it shall meet all the following criteria: <Added on Nov. 29, 2016; Jan. 5, 2021>
1. An institution shall fall under any of the following categories:
(a) The National Institute of Environmental Human Resources Development;
(b) A nonprofit corporation incorporated with permission from the Minister of Environment pursuant to Article 32 of the Civil Act;
(e) A university or college defined in subparagraph 1 of Article 2 of the Higher Education Act;
2. An institution shall meet all the following requirements:
(a) It shall have a class room with at least 30 seats;
(b) It shall have an organization exclusively dedicated to providing educational and training programs;
(c) Deleted. <Jan. 5, 2021>
(8) When the Minister of Environment designates an entrusted institution pursuant to paragraph (6), the Minister of Environment shall publicly notify the name, address, and representative of the entrusted institution and other necessary matters and shall publicly announce the plan for educational and training courses of each entrusted institution through the website of the Ministry of Environment. <Added on Nov. 29, 2016>
(9) The head of each institution entrusted with affairs prescribed in paragraph (6) shall submit a report on performance of educational and training courses for work experience as an environment impact assessment engineers during the preceding year to the Minister of Environment by no later than January 15 each year. <Added on Nov. 29, 2016>
 Article 77-2 (Re-Examination of Regulation)
The Minister of Environment shall examine the appropriateness of the following matters every three years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements:
1. Projects subject to environmental impact assessment and the scope thereof under Article 31 and Appendix 3: January 1, 2014;
2. The methods for submitting environmental impact assessment reports and the timing for requesting consultation under Article 47 and Appendix 3: January 1, 2014;
3. Deleted. <Mar. 7, 2023>
[This Article Added on Dec. 30, 2013]
 Article 78 (Criteria for Imposing Administrative Fines)
The Criteria for imposing administrative fines prescribed in Article 76 (1) through (5) of the Act are as specified in Appendix 10. <Amended on Nov. 29, 2016; Nov. 27, 2018>
 Article 79 (Handling of Personally Identifiable Information)
If the Minister of Environment (including the persons with authority delegated by the Minister of Environment as prescribed in Article 77 (1) or the persons entrusted with performance of affairs of the Minister of Environment as prescribed in Article 77 (2)) deems it inevitable for performing the following administrative affairs, he or she may handle data containing resident registration numbers referred to in subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act: <Amended on Dec. 30, 2015; Nov. 29, 2016>
1. Administrative affairs on the registration of environmental impact assessment businesses prescribed in Article 54 and the registration of amendments thereto;
1-2. Administrative affairs on receiving applications for recognizing the applicant as an environment impact assessment engineer prescribed in Article 62-3 (1) of the Act or on revising such recognition; and administrative affairs on maintaining and managing records of work experience, etc. prescribed in Article 62-3 (3) of the Act;
1-3. Administrative affairs on revoking or suspending recognition of an environment impact assessment engineer prescribed in Article 62-4 of the Act;
2. Administrative affairs on examinations for qualification of environmental impact assessors prescribed in Article 63 of the Act, the issuance of qualification certificates, etc.;
3. Administrative affairs on establishment and operation of the informatization system prescribed in Article 70 (4) of the Act.
ADDENDA <Presidential Decree No. 23966, Jul. 20, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 22, 2012. (Proviso Omitted.)
Article 2 (Applicability to Projects Subject to Environmental Impact Assessments, etc.)
The amended provisions of subparagraph 1 (e) (iii) and (f) and 2 (k) (iii) and (l), (m) (ix), (x), and (xxiii) of Appendix 2 and subparagraph 15 (b) (ii) of Appendix 3, and note 7 to Appendix 4 shall apply to a plan or project that a project implementer not subject to approval, etc., finalizes or a plan or project for which a project implementer subject to approval, etc., applies for approval, etc., after this Decree enters into force.
Article 3 (Transitional Measure concerning Amendment to Guidelines for Registration of Environmental Impact Assessment Businesses)
An environmental impact assessment agent registered under the former provisions before this Decree enters into force shall be deemed registered his/her business as a Class-I environmental impact assessment business but shall meet the requirements under the guidelines for registration under the amended provisions of subparagraph 2 (a) of Appendix 5 (excluding guidelines for the registration of environmental impact assessors under the amended provisions of subparagraph 2 (a) of Appendix 5) by not later than July 21, 2015 and the guidelines for the registration of environmental impact assessors by not later than December 31, 2019 respectively.
Articles 4 and 5 Omitted.
Article 6 (Relationship to Other Statutes and Regulations)
A citation of the previous Framework Act on Environmental Policy or of any provision thereof or any provision of the previous Enforcement Decree of the Environmental Impact Assessment Act by any other statutes or regulations in force at the time this Decree enters into force shall be deemed a citation of this Decree or of the relevant provision of this Decree in lieu of the previous provision, if such relevant provision exists in this Decree.
ADDENDA <Presidential Decree No. 24451, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25339, Apr. 29, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 25448, Jul. 7, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 8, 2014.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 25456, Jul. 14, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 15, 2014.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 25713, Nov. 11, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measure concerning Projects Subject to Environmental Impact Assessments, etc.)
Notwithstanding the amended provisions of subparagraph 15 (b) and 16 (a) of Appendix 3, note 2 to Appendix 4, and the proviso to note 4 to Appendix 4, former provisions shall apply to a project that a project implementer not subject to approval, etc., finalized or a project for which a project implementer obliged to obtain approval, etc., applied for approval, etc., before this Decree enters into force.
Article 3 (Transitional Measure concerning Standards for Technical Personnel of Environmental Impact Assessment Businesses)
A person who engages in an environmental impact assessment business registered before this Decree enters into force shall meet the standards for technical personnel under the amended provisions of subparagraph 2 (b) (i) of Appendix 5 by not later than July 21, 2015.
Article 4 Omitted.
ADDENDA <Presidential Decree No. 25942, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 26170, Mar. 30, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 55-2 shall enter into force on July 21, 2015.
Article 2 (Transitional Measure concerning Projects Subject to Environmental Impact Assessment)
Notwithstanding the amended provisions of subparagraph 2 (d) of Appendix 3 and subparagraph 5 (b) of Appendix 4, the former provisions shall apply to a project that was finally determined by a project implementer, who was not obliged to obtain approval, etc. therefor, or the project for which a project implementer, who was obliged to obtain approval, etc. therefor, filed an application for approval, etc., before this Decree enters into force.
ADDENDA <Presidential Decree No. 26438, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 29, 2015.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 26807, Dec. 30, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 67-2 through 67-5 and of Appendix 4-2 shall enter into force on January 21, 2016.
Article 2 (Transitional Measures concerning Formation of Environmental Impact Assessment Council)
Notwithstanding the amended provisions of Article 4 (2), the former provisions shall apply to the environmental impact assessment council formed pursuant to the former provisions before this Decree enters into force.
Article 3 (Transitional Measures concerning Period for Notification of Agreed Terms and Conditions of Small-Scale Environmental Impact Assessment Reports)
Notwithstanding the amended provisions of Article 62, the former provisions shall apply to the projects on which the head of the consulting agency was requested for consultation before this Decree enters into force.
Article 4 (Transitional Measures concerning Plans Subject to Strategic Environmental Impact Assessment)
Notwithstanding the amended provisions of subparagraphs 1 (f) and 2 (a) and (m) of Appendix 2, the former provisions shall apply to a plan that was finally determined by the head of an administrative agency, who was not obliged to obtain approval, etc. therefor, or the plan for which the head of an administrative agency, who was obliged to obtain approval, etc. therefor, filed an application for approval, etc., before this Decree enters into force.
Article 5 (Transitional Measures concerning Projects Subject to Environmental Impact Assessment or Small-Scale Environmental Impact Assessment)
Notwithstanding the amended provisions of subparagraph 3 of Appendix 3, subparagraph 11 (f), 12 (b), and 15 (b) of the aforesaid Table, subparagraph 4 (c) in the Remarks of the aforesaid Table, subparagraph 7 of Appendix 4 and subparagraphs 7 and 11 in the Remarks of the aforesaid Table, the former provisions shall apply to a project that was finally determined by an project implementer, who was not obliged to obtain approval, etc. therefor, or the project for which a project implementer, who was obliged to obtain approval, etc. therefor, filed an application for approval, etc., before this Decree enters into force.
Article 6 (Transitional Measures concerning Projects under Jurisdiction of Head of River Basin Environmental Office or Head of Regional Environmental Office and Subject to Environmental Impact Assessment, etc.)
Notwithstanding the amended provisions of subparagraph 1 of Appendix 9, the former provisions shall apply to the projects subject to environmental impact assessment, etc., on which the head of the consulting agency was requested for consultation before this Decree enters into force.
ADDENDA <Presidential Decree No. 26922, Jan. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 25, 2016.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 27057, Mar. 25, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 28, 2016.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 27285, Jun. 28, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 30, 2016.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 27636, Nov. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 2, 2016.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 27637, Nov. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on Nov. 30, 2016: Provided, That the amended provisions of Articles 8, 10 (2), 23, 28, 43, 44 (1), 48, 63 (3), 70 through 75, 77 (1) 18 and (2) 1-2, and 78, subparagraph 3 of Article 79, and subparagraph 2 (n), (o), and (p) of Appendix 10 shall enter into force on May 30, 2017; the amended provisions of Chapter VI-II (Articles 69-2 and 69-3), Article 77 (1) 14-2, (2) 4-2, and (6) through (9), subparagraphs 1-2 and 1-3 of Article 79, subparagraph 3 of Appendix 5, Appendixs 5-2 and 5-3, and subparagraph 2 (r) through (u) of Appendix 10 on January 1, 2018; and the amended provisions of subparagraphs 1 (i) and 2 (l) 5) of Appendix 2 on November 30, 2019.
Article 2 (Applicability to Cycle, etc. for Determining whether to Conduct Strategic Environmental Impact Assessment)
The cycle for determining whether to conduct or skip a strategic environmental impact assessment prescribed in the amended provisions of Article 7-2 (1) or (2) shall be counted from the enforcement date of this Decree.
Article 3 (Applicability to Omitting Re-Consultations on Strategic Environmental Impact Assessment, etc.)
The amended provisions of Articles 28-2, 54-2, and 61-2 shall also apply where the notice of details of consultation on a strategic environmental impact assessment, etc. was given before this Decree enters into force.
Article 4 (Transitional Measures concerning Composition of Environmental Impact Assessment Council)
Notwithstanding the amended provisions of Article 4 (2), former provisions shall apply to the environmental impact assessment council formed pursuant to former provisions before this Decree enters into force.
Article 5 (Transitional Measures concerning Conducting Summary Strategic Environmental Impact Assessments)
Notwithstanding the amended provisions of Article 10-2 and Appendix 2-2, former provisions shall apply to the plans finalized by the head of an administrative agency, who was not obliged to obtain approval thereof, or plans for which the head of an administrative agency, who should obtain approval, etc., applied for approval, etc., before this Decree enters into force.
Article 6 (Transitional Measures concerning Projects Subject to Summary Process)
Notwithstanding the amended provisions of subparagraph 2 (j) of Article 64, former provisions shall apply to the projects finalized by a project implementer who was not obliged to obtain approval therefor, or projects for which a project implementer who should obtain approval, etc., applied for approval, etc., before this Decree enters into force.
Article 7 (Transitional Measures concerning Education and Training of Environment Impact Assessment Engineers)
Notwithstanding the amended provisions of Article 69-3 and Appendix 5-3, an environmental impact assessor who finished the initial or continuing education program prescribed in former Article 74 (1) before January 1, 2018 shall be deemed to have completed the initial or continuing educational program on the date the environmental impact assessor finished the relevant educational program.
Article 8 (Transitional Measures concerning Plans Subject to Strategic Environmental Impact Assessment)
Notwithstanding the amended provisions of subparagraph 1 (a) through (d), (e) 4) through 6), (g) 3), and (i) and subparagraph 2 (a) 3) and 7), (d) 2) and 4), (3) 3), (k) 4), (m) 29) through 33), (n) 2), (o) 2) through 5), and (q) of Appendix 2, former provisions shall apply to the plans finalized by the head of an administrative agency, who was not obliged to obtain approval thereof, or plans for which the head of an administrative agency, who should obtain approval, etc., applied for approval, etc., before this Decree enters into force (or before November 30, 2019, in cases of the amended provisions of subparagraphs 1 (i) and 2 (o) 5) of Appendix).
Article 9 (Transitional Measures concerning Projects Subject to Environmental Impact Assessment)
Notwithstanding the amended provisions of subparagraphs 12 (c) and 16 (c) of Appendix 3, former provisions shall apply to the projects finalized by a project implementer who was not obliged to obtain approval therefor or projects for which a project implementer who should obtain approval, etc., applied for approval, etc., before this Decree enters into force.
Article 10 (Transitional Measures concerning Projects Subject to Mini Environmental Impact Assessment)
Notwithstanding the amended provisions of subparagraph 1 of Appendix 4 and subparagraphs 11 and 11-2 of the Notes to said Table, former provisions shall apply to the projects finalized by a project implementer who was not obliged to obtain approval therefor or projects for which a project implementer who should obtain approval, etc., applied for approval, etc., before this Decree enters into force.
Article 11 (Transitional Measures concerning Facilities, Technical Human Resources, etc. of Environmental Impact Assessment Agents)
(1) A person who had his/her business registered as an environmental impact assessment business before this Decree enters into force shall be equipped with facilities and equipment for surveys on natural environment and ecosystem under the amended provisions of subparagraph 2 (a) 2) b) of Appendix 5 by no later than May 31, 2017.
(2) A person who has his/her business registered as an environmental impact assessment business on or before January 1, 2018 shall employ technical human resources specified in the amended provisions of subparagraph 3 of Appendix 5 and shall file for revision to registration by no later than December 31, 2018.
Article 12 (Transitional Measures concerning Projects Subject to Environmental Impact Assessment, etc. under Jurisdiction of Head of River Basin Environmental Agency or Head of Regional Environmental Agency)
Notwithstanding the amended provisions of subparagraph 4 of Appendix 9, former provisions shall apply to the projects of environmental impact assessment on which the head of a consulting agency was requested to hold consultations before this Decree enters into force.
ADDENDA <Presidential Decree No. 27675, Dec. 20, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 23, 2016.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 27792, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 28, 2017.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 27972, Mar. 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 30, 2017.
Articles 2 through 10 Omitted.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among the Presidential Decrees amended by Article 8 of the Addenda, the amendment to a Presidential Decree promulgated before this Decree enters into force, for which the date it enters into force has yet to arrive, shall enter into force on the date the relevant Presidential Decree enters into force.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 28583, Jan. 16, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 18, 2018.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 28628, Feb. 9, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 9, 2018.
Articles 2 through 17 Omitted.
ADDENDA <Presidential Decree No. 28686, Feb. 27, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 27, 2018. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 28948, Jun. 8, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 29311, Nov. 27, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 29, 2018: Provided, That the amended provisions of Articles 55-2 through 55-4 shall enter into force on December 13, 2018.
Article 2 (Applicability to Expert Committee)
The amended provisions of Articles 23 (4) and 48 (5) shall begin to apply when the Minister of Environment reviews a strategic environmental impact assessment report or an environmental impact assessment report after this Decree enters into force.
Article 3 (Transitional Measures concerning Period of Deliberation on Preparatory Statements for Strategic Environmental Impact Assessment)
Notwithstanding the amended provisions of Article 9, the previous provisions shall apply when a request for deliberation on a preparatory statement for strategic environmental impact assessment is made before this Decree enters into force.
Article 4 (Transitional Measures concerning Period of Pubic Inspection of Draft Strategic Environmental Impact Assessment Reports)
Notwithstanding the amended provisions of Article 13 (1), the previous provisions shall apply when a draft strategic environmental impact assessment report is submitted before this Decree enters into force.
Article 5 (Transitional Measures concerning Place of Pubic Inspection of Draft Strategic Environmental Impact Assessment Reports)
Notwithstanding the amended provisions of Article 13 (3), the previous provisions shall apply when public inspection is underway concerning the matters prescribed in the subparagraphs of Article 13 (1) as at the time this Decree enters into force.
Article 6 (Transitional Measures concerning Period of Notification of Agreed Terms and Conditions of Strategic Environmental Impact Assessment Reports)
Notwithstanding the amended provisions of Article 25, the previous provisions shall apply when a request is made for consultations on strategic environmental impact assessment reports before this Decree enters into force.
Article 7 (Transitional Measures concerning Period of Deliberation by Environmental Impact Assessment Council)
Notwithstanding the amended provisions of Article 32 (2), the previous provisions shall apply when a request is made for determination of items, etc. of environmental impact assessment before this Decree enters into fore.
Article 8 (Transitional Measures concerning Period of Pubic Inspection of Draft Environmental Impact Assessment Reports)
Notwithstanding the amended provisions of Article 36 (1), the previous provisions shall apply when a draft environmental impact assessment report is submitted before this Decree enters into force.
Article 9 (Transitional Measures concerning Period of Notification of Agreed Terms and Conditions of Environmental Impact Assessment Reports)
Notwithstanding the amended provisions of Article 50, the previous provisions shall apply when a request is made for consultations on an environmental impact assessment report before this Decree enters into force.
Article 10 (Transitional Measures concerning Period of Deliberation on Adjusting Agreed Terms and Conditions of Environmental Impact Assessment)
Notwithstanding the amended provisions of Article 53, the previous provisions shall apply when a request is made for adjusting the agreed terms and conditions of an environmental impact assessment report before this Decree enters into force.
Article 11 (Transitional Measures concerning Period of Notification of Agreed Terms and Conditions of Mini Environmental Impact Assessment Reports)
Notwithstanding the amended provisions of Article 62 (2), the previous provisions shall apply when a request is made for consultations on a mini environmental impact assessment report before this Decree enters into force.
Article 12 (Transitional Measures concerning Period of Notification of Opinions on Summary Assessment Reports)
Notwithstanding the amended provisions of Article 67 (1), the previous provisions shall apply when a request is made for consultations on a summary assessment report before this Decree enters into force.
Article 13 (Transitional Measures concerning Plans Subject to Strategic Environmental Impact Assessment)
Notwithstanding the amended provisions of subparagraph 1 of the note to Appendix 2, the previous provisions shall apply to a plan which is not subject to approval, etc. and is finally determined by the head of an administrative agency, or to a plan which is subject to approval, etc. and for which the head of an administrative agency files an application for approval, etc., before this Decree enters into force.
Article 14 (Transitional Measures concerning Projects Subject to Environmental Impact Assessment)
Notwithstanding the amended provisions of subparagraph 15 (b) of Appendix 3 and subparagraph 2 of the note to aforesaid Table, the previous provisions shall apply to a project finalized by a project implementer not obliged to obtain approval, etc. or a project for which a project implementer obliged to obtain approval, etc., applies for approval, etc., before this Decree enters into force.
Article 15 (Transitional Measures concerning Projects Subject to Mini Environmental Impact Assessment)
Notwithstanding the amended provisions of subparagraphs 11 and 11-2 of the Notes of Appendix 4, the previous provisions shall apply to a project finalized by a project implementer not obliged to obtain approval, etc. or a project for which a project implementer obliged to obtain approval, etc., applies for approval, etc., before this Decree enters into force.
ADDENDA <Presidential Decree No. 29360, Dec. 11, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 13, 2018. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 29617, Mar. 12, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 14, 2019.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 29707, Apr. 23, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Plans Subject to Strategic Environmental Impact Assessment)
The amended provisions of subparagraph 4 (c) in the remarks of Appendix 2 shall also apply to cases where a basic investigation has been conducted to alter a special-purpose area under Article 36 (2) of the National Land Planning and Utilization Act and the deliberation by the Central Urban Planning Committee or City/Do urban planning committee under Article 30 (3) of the same Act has not been completed yet.
ADDENDUM <Presidential Decree No. 29950, Jul. 2, 2019>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 30292, Dec. 31, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Those That the Minister of Environment Is to Hear Opinions from)
The amended provisions of Article 55 (2) 7 shall apply from the case where new pollutants are emitted or discharged after this Decree enters into force.
Article 3 (Applicability to Subject Matters of Consultations on Amendment of Mini Environmental Impact Assessment Reports)
The amended provisions of Article 63-2 (1) 2 shall apply from the case of preparing measures for environmental conservation in accordance with changes in project plans, etc. as, after the enforcement of this Decree, the site area increased due to the increase in the scale of the project is equal to or larger than the scale of the projects subject to mini environmental impact assessment under Appendix 4.
Article 4 (Transitional Measures concerning Period of Notification of Agreed Terms and Conditions of Strategic Environmental Impact Assessment Reports)
(1) Where consultation on a strategic environmental impact assessment report is requested before this Decree enters into force, the former provisions shall apply, notwithstanding the amended provisions of Article 25.
(2) Where consultation on the environmental impact assessment report is requested before this Decree enters into force, the former provisions shall apply, notwithstanding the amended provisions of Article 50.
(3) Where consultation on the mini environmental impact assessment report is requested before this Decree enters into force, the former provisions shall apply, notwithstanding the amended provisions of Article 62 (2).
ADDENDA <Presidential Decree No. 30482, Feb. 25, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 27, 2020.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 30673, May 12, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 27, 2020.
Article 2 (Applicability to Projects Subject to Mini Environmental Impact Assessment)
Subparagraph 4 (e) of the Notes to Appendix 4 shall apply to the projects finalized by a project implementer who was not obliged to obtain approval therefor or projects for which a project implementer who should obtain approval, etc., applied for approval, etc., before this Decree enters into force.
Article 3 (Applicability to Standards for Facilities and Equipment for Environmental Impact Assessment Business)
The amended provisions of subparagraph 3 (b) (ii) of Appendix 5 shall also apply to cases of application for registration of environmental impact assessment business before this Decree enters into force.
ADDENDA <Presidential Decree No. 30704, May 26, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 27, 2020.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 30876, Jul. 28, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 30, 2020.
Articles 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 30877, Jul. 28, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 30, 2020.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 31169, Nov. 24, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2021.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 31379, Jan. 5, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (General Applicability to Requirements for Designation or Entrustment)
This Decree shall begin to apply to cases where procedures for designation or entrustment commence to make designation or entrustment under statutes or regulations amended under this Decree after this Decree enters into force.
ADDENDA <Presidential Decree No. 31576, Mar. 30, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 1, 2021. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 31793, Jun. 22, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 23, 2021.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 31803, Jun. 22, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 23, 2021.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 31940, Aug. 10, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Publication of Results of Consensus Gathered from Residents and whether to Reflect such Consensus)
(1) Where the head of an administrative agency or the head of an approving agency requests consultation on a strategic environmental impact assessment report pursuant to Article 16 (1) or (2) of the Act before this Decree enters into force, the previous provisions shall apply, notwithstanding the amended provisions of Article 19.
(2) Where a project implementer or the head of an approving agency requests consultation on an environmental impact assessment report pursuant to Article 27 (1) of the Act before this Decree enters into force, the previous provisions shall apply, notwithstanding the amended provisions of Article 43.
ADDENDUM <Presidential Decree No. 32251, Dec. 28, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on 1/1/2022.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 32697, Jun. 14, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on 6/16/2022.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 32868, Aug. 9, 2022>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 33101, Dec. 20, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Plans Subject to Strategic Environmental Impact Assessment)
The amended provisions of subparagraph 1 (a) (iii), (h) (ii), and (j), and subparagraph 2 (b) (xi) and (xii) of Appendix 2 shall begin to apply to the plans confirmed by the head of an administrative agency who need not obtain approval and similar, or for which an application for approval and similar is filed by the head of an administrative agency who needs to obtain approval, etc. on or after the date this Decree enters into force.
Article 3 (Applicability to Projects Subject to Environmental Impact Assessments)
The amended provisions of subparagraph 15 (a) (iv) of Appendix 3 shall begin to apply to the projects confirmed by a project implementer who need not obtain approval, etc. or for which an application is filed by a project implementer for approval, etc. on or after the date this Decree enters into force.
Article 4 (Transitional Measures concerning Modification of Standards for Consultation on Amendments)
Notwithstanding the amended provisions of Article 55 (2), the previous provisions shall apply where a consultation on amendments is in progress pursuant to Article 33 (3) of this Act as at the time this Decree enters into force.
ADDENDUM <Presidential Decree No. 33321, Mar. 7, 2023>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 33369, Mar. 31, 2023>
This Decree shall enter into force on the date of its promulgation.