ENFORCEMENT DECREE OF THE ENVIRONMENTAL HEALTH ACT
Presidential Decree No. 21347, Mar. 12, 2009
Amended by Presidential Decree No. 23269, Oct. 28, 2011
Presidential Decree No. 23356, Dec. 8, 2011
Presidential Decree No. 23997, Jul. 31, 2012
Presidential Decree No. 24294, Jan. 1, 2013
Presidential Decree No. 24649, Jun. 28, 2013
Presidential Decree No. 25301, Apr. 10, 2014
Presidential Decree No. 25451, Jul. 14, 2014
Presidential Decree No. 25532, Aug. 6, 2014
Presidential Decree No. 25626, Sep. 24, 2014
Presidential Decree No. 25836, Dec. 9, 2014
Presidential Decree No. 26295, Jun. 1, 2015
Presidential Decree No. 26435, Jul. 24, 2015
Presidential Decree No. 26482, Aug. 11, 2015
Presidential Decree No. 27336, Jul. 12, 2016
Presidential Decree No. 27636, Nov. 29, 2016
Presidential Decree No. 27675, Dec. 20, 2016
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 28826, Apr. 24, 2018
Presidential Decree No. 29950, Jul. 2, 2019
Presidential Decree No. 29972, Jul. 9, 2019
Presidential Decree No. 30295, Dec. 31, 2019
Presidential Decree No. 31357, Dec. 31, 2020
Presidential Decree No. 31875, Jul. 6, 2021
Presidential Decree No. 33001, Nov. 22, 2022
Presidential Decree No. 33840, Oct. 31, 2023
The purpose of this Decree is to prescribe matters mandated by the Environmental Health Act and matters necessary for enforcing said Act.
Article 1-2 (Definitions) |
"Facility prescribed by Presidential Decree" in subparagraph 8 of Article 2 of the Environmental Health Act (hereinafter referred to as the "Act") means the following: <Amended on Jul. 14, 2014; Dec. 31, 2019; Jul. 6, 2021> 1. | Children's play facilities defined in subparagraph 2 of Article 2 of the Act on the Safety Control of Children's Play Facilities (where children's play equipment is installed in a place of business referred to in subparagraph 13 of attached Table 2 of the Enforcement Decree of that Act, space furnished with such equipment and its adjacent space are included); |
[This Article Newly Inserted on Jul. 31, 2012]
Article 2 (Procedures and Methods for Formulation of Environmental Health Master Plan) |
(1) | The Minister of Environment shall consolidate and coordinate the plans by sector, submitted by the heads of relevant central administrative agencies; and formulate an environmental health master plan (hereinafter referred to as "master plan") under Article 6 (1) of the Act. <Amended on Jul. 6, 2021> |
(2) | If necessary to formulate the plans by sector for their own competent areas, the heads of relevant central administrative agencies may request the relevant administrative agencies, local governments, and public institutions (hereinafter referred to as "public institutions") under Article 4 of the Act on the Management of Public Institutions to submit necessary materials. |
(3) | If necessary to efficiently formulate a master plan, the Minister of Environment may develop guidelines for preparing plans by sector under paragraph (1) and notify it to the heads of relevant central administrative agencies. |
Article 2-2 (Formulation of Regional Environmental Health Plans) |
(1) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") shall formulate a regional environmental health plan (hereinafter referred to as "regional plan") under Article 6-2 (1) of the Act within one year from the date on which a master plan is formulated or revised. |
(2) | A regional plan shall include the following matters: |
1. | Basic direction-setting and objectives regarding regional environmental health; |
2. | Current status of environmental health in a jurisdictional area; |
3. | Special control measures for vulnerable groups like children, the elderly, and pregnant women, who are sensitive to exposure to environmentally hazardous factors; |
4. | Special control measures for residents living in regions vulnerable to environmental pollution, such as industrial complexes, abandoned mines, traffic congested areas; |
5. | Administrative and financial support necessary for preventing and controlling health harm to residents caused by environmentally hazardous factors; |
6. | Measures for financing the implementation of policies reflected in a regional plan; |
7. | Other matters necessary for promoting environmental health in a jurisdictional area. |
(3) | "Modifications to minor matters prescribed by Presidential Decree" in the proviso of Article 6-2 (3) of the Act means any of the following cases: |
1. | Where the expenses are modified by up to 10/100 of the total expenses incurred in the implementation of the regional plan; |
2. | Where any modification is made to correct calculation mistakes, clerical mistakes, omissions, or other obvious errors corresponding thereto. |
(4) | The Mayor/Do Governor shall submit the achievements of the regional plan in the preceding year to the Minister of Environment by March 31 of each year. |
[This Article Newly Inserted on Jul. 6, 2021]
Article 3 (Obligations of Chairperson of Environmental Health Council) |
(1) | The chairperson (hereinafter referred to as "chairperson") of the Environmental Health Council (hereinafter referred to as the "Council") under Article 9 of the Act shall represent the Council and have general supervision and control of the business affairs of the Council. |
(2) | When the chairperson is unable to perform his or her duties in unavoidable circumstances, a member of the Council pre-nominated by the chairperson shall act on his or her behalf. |
Article 4 (Term of Office of Commissioned Members) |
The term of office of the members specified in Article 10 (3) 1 through 3 of the Act shall be 2 years.
Article 4-2 (Exclusion of, Challenge to, or Recusal of, Members) |
(1) | Any member of the Council (hereinafter referred to as "member") who falls under any of the following shall be excluded from deliberations and resolutions of the Council: |
1. | Where a member, or his or her current or former spouse becomes a party to the relevant agenda item or is holding any right or duty jointly with a party to such agenda item; |
2. | Where a member is or was a relative of a party to the relevant agenda item; |
3. | Where a member provides any testimony, statement, advice, research, service or appraisal regarding the relevant agenda item; |
4. | Where a member or the corporation to which the member belongs is or was an agent of a party to the relevant agenda item. |
(2) | Where any ground for exclusion referred to in the subparagraphs of paragraph (1) exists, or the circumstances indicate that it would be difficult to expect a fair deliberation or resolution from a member, any party may file a challenge with the Council, and the Council shall make a determination on the challenge by its resolution. In such cases, the member to whom a challenge is made shall not participate in the resolution on the relevant case. |
(3) | Where a member falls under any ground for exclusion pursuant to the subparagraphs of paragraph (1), such member shall voluntarily recuse himself or herself from deliberations and resolutions on the relevant agenda item. |
[This Article Newly Inserted on Jul. 6, 2021]
Article 4-3 (Dismissal of Commissioned Members) |
Where any commissioned member pursuant to Article 10 (3) 1 through 3 of the Act falls under any of the following, the Minister of Environment may dismiss the member: 1. | Where he or she becomes unable to perform his or her duties due to a mental or physical disorder; |
2. | Where he or she has committed any irregularity in connection with his or her duties; |
3. | Where he or she is found unfit for office due to delinquency of duties, injury to dignity, or any other reason; |
4. | Where he or she fails to recuse himself or herself, even though falling under any ground for exclusion under the subparagraphs of Article 4-2 (1); |
5. | Where he or she voluntarily admits that he or she has difficulty performing duties. |
[This Article Newly Inserted on Jul. 6, 2021]
(1) | A meeting of the Council shall be convened by the chairperson, if deemed necessary by the chairperson or upon request by at least 1/3 of all members. |
(2) | A majority of the members of the Council shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present. |
Article 6 (Executive Secretary) |
(1) | The Council shall have one executive secretary who handles the duties of the Council. |
(2) | The executive secretary shall be designated by the chairperson from among public officials of the Ministry of Environment. |
Article 7 (Specialized Committees) |
(1) | A specialized committee specified in Article 10 (4) of the Act (hereinafter referred to as a "specialized committee"), shall be comprised of persons appointed or commissioned by the chairperson from among the following persons: <Amended on Jul. 24, 2015> |
1. | Members of the Council; |
2. | Environmental health specialists; |
3. | Clinical doctors specialized in environmental diseases (only referring to a specialized committee which reviews and researches environmental diseases); |
4. | Relevant public officials. |
(2) | The chairperson of a specialized committee shall be appointed or commissioned by the chairperson from among the members of such specialized committee. |
(3) | A specialized committee shall review any matter referred thereto by the chairperson for research and review and report the outcomes of review to the Council. |
(4) | A specialized committee may, if necessary, request any relevant institution, organization or expert to review any matter. |
Article 7-2 (Asbestos Safety Management Committee) |
(1) | The Asbestos Safety Management Committee as a specialized committee shall be established, in order to research, review, and deliberate on, specialized matters concerning the safety of asbestos. |
(2) | The Asbestos Safety Management Committee shall be composed of not more than 20 members, including a chairperson. |
(3) | Notwithstanding Article 7 (1) and (2), the chairperson of the Asbestos Safety Management Committee shall be a public official in general service belonging to the Senior Civil Service of the Ministry of Environment who is in charge of affairs related to environmental health, and its members shall be any of the following persons: <Amended on Jul. 26, 2017; Jul. 6, 2021> |
1. | One person each designated by the heads of competent agencies from among relevant public officials belonging to the Ministry of Economy and Finance; the Ministry of Education; the Ministry of National Defense; the Ministry of the Interior and Safety, the Ministry of Agriculture, Food and Rural Affairs; the Ministry of Trade, Industry and Energy; the Ministry of Employment and Labor; the Ministry of Land, Infrastructure and Transport; and the Ministry of Food and Drug Safety; |
2. | Persons commissioned by the chairperson, from among those having extensive knowledge of and experience in asbestos safety. |
(4) | Among the members of the Asbestos Safety Management Committee, the term of office of commissioned members shall be 3 years, and may be consecutively renewed only once. |
(5) | A majority of the members of the Asbestos Safety Management Committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present. |
(6) | The chairperson of the Asbestos Safety Management Committee shall report the outcomes of research, reviews and deliberation conducted pursuant to paragraph (1) to the Council. |
(7) | Notwithstanding Article 10, and except as provided in paragraphs (1) through (6), matters necessary for the operation of the Asbestos Safety Management Committee shall be determined by the chairperson of the Asbestos Safety Management Committee undergoing a resolution by the Asbestos Safety Management Committee. |
[This Article Newly Inserted on Jul. 24, 2015]
Article 8 (Hearing of Opinions and Submission of Materials) |
The Council and specialized committees may, if necessary for deliberation, request interested persons or experts to appear before the Council and specialized committees to state their opinions, and also may request them to submit necessary materials.
Article 9 (Allowances and Travel Expenses) |
Allowances may be paid and travel expenses reimbursed to the members of the Council or a specialized committee, interested persons, and experts who attend a meeting thereof within the budget: Provided, That this shall not apply where the members who are public officials attend the meeting directly in relation to their business affairs.
Article 10 (Operating Rules) |
Except as expressly provided for in this Decree, matters necessary for the operation of the Council and specialized committees shall be determined by the chairperson following a resolution by the Council.
Article 10-2 (Composition and Operation of Regional Environmental Health Committee) |
(1) | The Regional Environmental Health Committee under Article 10-2 (1) of the Act (hereinafter referred to as "regional committee") shall be composed of up to 20 members, including one chairperson, in consideration of gender. |
(2) | Articles 4-2, 4-3, and 8 through 10 shall apply mutatis mutandis to the exclusion of, challenge to, recusal of a member, hearing of opinions, submission of data, allowances and travel expenses, and the operating rules. In such cases, "Council and specialized committees" shall be construed as "regional committees," and "Minister of Environment" as "Mayor/Do Governor", respectively. |
[This Article Newly Inserted on Jul. 6, 2021]
Article 11 (Risk Assessment and Management of Environmentally Hazardous Factors) |
(1) | The Minister of Environment shall, when conducting risk assessment under Article 11 (1) of the Act, prepare guidelines on procedures and methods, etc. for conducting risk assessment after having a prior consultation with the head of a relevant central administrative agency. |
(2) | The Minister of Environment may, if necessary to conduct risk assessment, request the head of a relevant central administrative agency and the head of a relevant local government to provide cooperation such as the provision of materials and the conduct of surveys on actual conditions, which are necessary for risk assessment. |
(3) | As a result of risk assessment, where it is deemed that the major path of exposure to environmental pollution specified in subparagraph 4 of Article 3 of the Framework Act on Environmental Policy and toxic chemicals, etc. under 7 of Article 2 of the Chemicals Control Act (hereinafter referred to as "environmentally hazardous factors") has high relevance to business affairs under the jurisdiction of any relevant central administrative agency, the Minister of Environment may request the head of the relevant central administrative agency to establish countermeasures to reduce the risk caused by the above-mentioned factors. <Amended on Dec. 9, 2014> |
Article 12 (Addition of Health Impact Items, and Objects Subject to Assessment of Health Impact Items) |
"Administrative plans and development projects prescribed by Presidential Decree" in Article 13 (1) of the Act shall be as specified in attached Table 1.
Article 13 (Matters Subject to Review of Health Impact Items) |
Article 13-2 (Organization and Operation of Health Impact Survey Teams) |
(1) | The Minister of Environment and the head of a local government may organize a health impact survey team pursuant to Article 15 (4) of the Act, in accordance with the following classifications: |
1. | The Minister of Environment: the central health impact survey team; |
2. | The head of a local government: regional health impact survey teams. |
(2) | The members of the central health impact survey team and a regional health impact survey team under the subparagraphs of paragraph (1) (hereinafter referred to as "health impact survey team") shall be appointed or commissioned by the Minister of Environment and by the head of a local government, respectively, from among the following persons: |
1. | Public officials in charge of environmental health affairs; |
2. | Persons who have extensive knowledge of and experience in the fields of environmental health, human toxicity, environmental medium, and epidemiological investigations. |
(3) | The Minister of Environment and the head of a local government may pay allowances and reimburse travel expenses and other expenses incurred in the activities of the health impact survey to persons appointed or commissioned as a member of health impact survey team, within the budget: Provided, That this shall not apply where a member who is a public official works in direct connection with his or her business affairs. |
(4) | Except as provided in paragraphs (1) through (3), matters necessary for the organization and operation of the central health impact survey team and of a regional health impact survey team shall be determined by the Minister of Environment and by the head of a local government, respectively. |
[This Article Newly Inserted on Jul. 6, 2021]
[Previous Article 13-2 moved to Article 13-4 <Jul. 6, 2021>]
Article 13-3 (Formulation and Implementation of Measures to Control Environmental Medium and Environmentally Hazardous Factors) |
(1) | The head of a local government shall formulate and implement measures that include the following, to properly control environmental medium and environmentally hazardous factors in his or her jurisdiction pursuant to Article 17-2 (3) of the Act: |
1. | Plans to control environmental pollution by environmental medium; |
2. | Monitoring plans in relation to the discharge of environmentally hazardous factors; |
3. | Plans to assess the health conditions of receptors and to reduce health harm; |
4. | Period of the measures. |
(2) | The head of a local government who has formulated measures pursuant to paragraph (1) shall submit the measures to the Minister of Environment without delay. |
[This Article Newly Inserted on Jul. 6, 2021]
Article 13-4 (Subsidization to Persons Who Suffer Health Harm Caused by Environmentally Hazardous Factors) |
(1) | Pursuant to Article 20 (1) of the Act, the Minister of Environment may subsidize, within the budget, the following expenses incurred from the time of the occurrence of a disease due to which recognition of health harm is given to the time such disease is completely cured, during an effective period under paragraph (3), to the persons (hereinafter referred to as "recognized victims") who receive recognition of their suffering health harm (hereinafter referred to as "recognition of health harm") caused by environmentally hazardous factors pursuant to paragraph (2): <Amended on Jul. 14, 2014> |
1. | Expenses incurred in consultation on health harm and in diagnosis; |
2. | Expenses incurred in medical treatment of health harm and in the prevention of deterioration thereof; |
3. | Other expenses deemed necessary for the control of health harm and are publicly notified by the Minister of Environment. |
(2) | A person who suffers health harm caused by environmentally hazardous factors shall, where he or she intends to obtain support under paragraph (1), apply for recognition of health harm to the Minister of Environment. In such case, the Minister of Environment shall determine whether to grant recognition of health harm after deliberation by the Council, and notify the applicant of the result. |
(3) | The effective period of recognition of health harm shall be determined within the extent of at least 3 but not exceeding 7 years and publicly notified by the Minister of Environment. |
(4) | Where a recognized victim deems it unlikely that, before the expiration of the effective period under paragraph (3), he or she will be cured of a disease due to which recognition of health harm is given, he or she may file an application with the Minister of Environment for the renewal of the effective period. In such cases, the Minister of Environment shall determine whether to renew the effective period after deliberation by the Council, and notify the recognized victim of the results. |
(5) | Where it is deemed that a recognized victim is cured of a disease for which recognition of health harm was given, the Minister of Environment may terminate support under paragraph (1) after deliberation by the Council. In such cases, such fact shall be notified to the recognized victim. |
(6) | Where a recognized victim dies before the expiration of the effective period under paragraph (3) or a renewed effective period under paragraph (4), the Minister of Environment may subsidize the following expenses to the bereaved family members within the budget. In such cases, where there are at least 2 bereaved family members in the same order of priority referred to in subparagraph 1, the expenses shall be apportioned equally and subsidized to each of them: |
1. | One bereaved family member who has a higher priority according to the following orders and has shared the same livelihood with the recognized victim at the time the latter deceases: Unpaid portion of the expenses referred to in the subparagraphs of paragraph (1) which have been incurred from the time of the occurrence of a disease due to which recognition of health harm is given to the time of the decease of the recognized victim: |
(a) | A spouse (including a person who has a de facto conjugal relationship); |
2. | Bereaved family members falling under any of the items of subparagraph 1, who held a funeral of a recognized victim: Funeral expenses. |
(7) | Where a person suffering health harm caused by environmentally hazardous factors dies before receiving recognition of health harm, any of the bereaved family members referred to in paragraph (6) 1 may obtain recognition of health harm for such person suffering health harm. In such cases, paragraph (2) shall apply mutatis mutandis to applications for recognition of health harm, decision as to whether to give recognition of health harm, and notification the results thereof. |
(8) | The Minister of Environment may, in the case of giving recognition of health harm pursuant to paragraph (7), subsidize expenses referred to in the following subparagraphs to the bereaved family members within the budget. In such cases, where at least 2 bereaved family members are in the same order of priority referred to in subparagraph 1, the expenses shall be equally apportioned and subsidized to each of them: |
1. | One bereaved family member who has a higher priority in the order of items of paragraph (6) 1: Expenses referred to in each subparagraph of paragraph (1), incurred from the time of the occurrence of a disease due to which recognition of health harm is given to the time of the decease of the recognized victim; |
2. | Bereaved family members referred to on paragraph (6) 2: Funeral expenses. |
(9) | Except as provided in paragraphs (1) through (8), methods and procedures for applying for recognition of health harm, methods and procedures for applying for renewal of an effective period of recognition of health harm, standards for recognition of health harm, methods and scope of support of recognized victims, and other matters necessary for support to persons suffering health harm shall be determined and publicly notified by the Minister of Environment following a deliberation by the Council. |
[This Article Newly Inserted on Apr. 10, 2014]
[Moved from Article 13-2 <Jul. 6, 2021>]
Article 14 (Management of Information and Statistics on Environmental Health) |
(1) | The Minister of Environment shall establish a system for collecting and utilizing the following matters to formulate and implement policies under Article 22 (1) and (2) of the Act: |
1. | Materials concerning domestic and abroad epidemiological investigations related to environmental health, and materials concerning basic and detailed investigations on national environmental health; |
2. | Materials concerning environmental measurements such as atmosphere, water quality, soil, indoor air, and noise, and materials concerning meteorological observation; |
3. | Materials concerning emission sources and volumes of air and water quality pollutants, and toxic chemicals; |
4. | Other relevant materials regarding population, death, diseases, health insurance, necessary for formulating policies on environmental health, etc. |
(2) | The Minister of Environment may, when necessary for collecting materials referred to each substance of paragraph (1), request the persons producing and managing such materials to submit necessary data. |
Article 15 Deleted. <Jul. 31, 2012> |
Article 16 (Environmental Safety Management Standards for Children’s Activity Zones) |
(1) | Environmental safety management standards for children’s activity zones under Article 23 (1) of the Act shall be as specified in attached Table 2. |
(2) | Where, with respect to facilities referred to in subparagraph 1 of Article 1-2, standards under paragraph (1) and standards under each of the following subparagraphs are different from each other, the standards prescribed by the relevant statute or regulation shall prevail, notwithstanding paragraph (1): <Amended on Jul. 31, 2012; Jun. 1, 2015> |
1. | Standards under Article 11 of the Act on the Safety Control of Children's Amusement Facilities; |
2. | Standards under Article 17 (3) of the Special Act on the Safety of Children’s Products. |
Article 16-2 (Scales of Expansion and Repairs Subject to Verification Inspection) |
"When any expansion or repair is conducted in excess of the scale prescribed by Presidential Decree" in Article 23 (6) 2 of the Act means any of the following occasions: 1. | When expanding the total floor area of a children’s activity zone by at least 33 square meters; |
2. | When repairing (limited to repairing by using prints and finishing materials or synthetic rubber flooring) at least 70 square meters of a children’s activity zone. |
[This Article Newly Inserted on Sep. 24, 2014]
[Previous Article 16-2 moved to Article 16-3 <Sep. 24, 2014>]
Article 16-3 (Designation of Inspection Agency) |
(1) | "Agencies prescribed by Presidential Decree" in the proviso of Article 23-2 (1) of the Act means any of the following institutes: |
1. | The National Institute of Environmental Research; |
(2) | Technological personnel and facilities under Article 23-2 (2) of the Act shall be as specified in attached Table 3. |
[This Article Newly Inserted on Jul. 31, 2012]
[Moved from Article 16-2 <Sep. 24, 2014>]
Article 17 (Risk Assessment of Children’s Products) |
Where the Minister of Environment conducts risk assessment under Article 24 (2) of the Act, he or she shall comply with the guidelines specified in Article 11 (1).
Article 18 (Recommendations on Suspension of Sales or Recall) |
(1) | Where the Minister of Environment recommends either suspension of sales or a recall pursuant to Article 24 (6) of the Act, he or she recommend it in writing, specifying the following matters: <Amended on Oct. 28, 2011> |
1. | Name of the business entity; |
2. | Names, unique classification numbers [referring to Chemical Abstracts Service (CAS); hereinafter the same shall apply], and usage of environmentally hazardous factors subject to recommendation; |
3. | Ground for recommendations; |
4. | Content of recommendation; |
5. | Deadline of a notification of whether to accept recommendation; |
6. | Action plan where not accepting recommendation. |
(2) | A business entity in receipt of a recommendation under Article 24 (6) of the Act, he or she shall notify the Minister of Environment of whether he or she accepts the recommendation in writing, specifying the following matters within 7 days. <Amended on Oct. 28, 2011> |
1. | Name, and contact details such as address and telephone numbers of the business entity; |
2. | Names, unique classification numbers and usage of environmentally hazardous factors subject to recommendation; |
3. | Whether he or she accepts recommendation; |
4. | Action plan where he or she accepts recommendation; |
5. | Grounds for not-acceptance where he or she does not accept recommendation. |
(3) | Where a business entity accepts recommendation under Article 24 (6) of the Act, he or she shall implement an action plan under paragraph (2) 4, and submit the results thereof to the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Dec. 31, 2020> |
Article 19 (Publication of Fact of Recommendations and Fact of Request) |
(1) | The Minister of Environment shall, in the case of intending to make publication under Article 24 (7) of the Act, notify the business entity to be subject to such publication of the content of publication, and provide him or her with an opportunity to defend himself or herself within 7 days from the date of receiving the notification. <Amended on Oct. 28, 2011> |
(2) | The Minister of Environment may, in the case of making publication under Article 24 (7) or (9) of the Act, make publication on the website of either the relevant administrative agency such as the Ministry of Environment, an environmental local government agency and a local government, or an organization conducting related business affairs such as customer organization, or though news media such as newspapers and broadcasting. <Amended on Oct. 28, 2011; Jul. 14, 2014> |
(3) | Publication under Article 24 (7) of the Act shall include the following matters: <Amended on Oct. 28, 2011> |
1. | Name of the business entity; |
2. | Names, unique classification numbers and usage of environmentally hazardous factors subject to recommendation; |
3. | Ground for recommendations; |
4. | Content of recommendation; |
5. | Ground for non-acceptance, and opinion of the Minister of Environment thereon, where the business entity rejects to accept recommendations; |
6. | Other matters the Minister of Environment deems necessary. |
(4) | "Matters prescribed by Presidential Decree such as the relevant children’s products, and fact of request" in the former part of Article 24 (9) of the Act means the following matters: <Newly Inserted on Jul. 14, 2014> |
1. | Name of the relevant children’s product; |
2. | Name of the business entity who manufactures, imports or sells the relevant children’s product; |
3. | Names, unique classification numbers and usage of the environmentally hazardous factors in the relevant children’s product; |
4. | Details of and ground for the request to the relevant central administrative agency; |
5. | Other matters the Minister of Environment deems necessary. |
(5) | A consultation period specified in the latter part of Article 24 (9) of the Act shall be up to 30 days: Provided, That the period may be extended by up to 60 days where the Minister of Environment deems necessary, including where the head of the relevant central administrative agency requests such extension. <Newly Inserted on Jul. 14, 2014> |
[Title Amended on Jul. 14, 2014]
Article 19-2 (Products Subject to Labeling as "Containing Environmentally Hazardous Factors" and Methods for Labeling) |
(1) | Products subject to labeling as "containing environmentally hazardous factors" under Article 24 (10) of the Act shall be children’s products which contain environmentally hazardous factors publicly notified pursuant to paragraph (3) of that Article (hereafter in this Article referred to as "environmentally hazardous factors") and are publicly notified by the Minister of Environment in consideration of their materials or usage: Provided, That any of the following children’s products, which are subject to standards related to environmentally hazardous factors in relevant statutes or regulations, shall be excluded from the scope of products subject to labeling as "containing environmentally hazardous factors": <Amended on Jun. 1, 2015> |
1. | Children’s products that has obtained a safety certification pursuant to Article 17 of the Special Act on the Safety of Children’s Products; |
2. | Children’s products for which a report on safety verification is filed pursuant to Article 22 (1) of the Special Act on the Safety of Children’s Products; |
3. | Children’s products for which the supplier’s declaration of conformity is filed pursuant to Article 25 (1) of the Special Act on the Safety of Children’s Products; |
(2) | The content of labeling as "containing environmentally hazardous factors" under Article 24 (10) of the Act shall be composed of whether it contains environmentally hazardous factors, and their content, if any. In such cases, whether environmentally hazardous factors are contained, and the measurement of their contents shall be subject to official testing standards for environmentally hazardous factors under Article 6 (1) 12 of the Environmental Examination and Inspection Act. |
(3) | A person who intends to manufacture or import a children’s product pursuant to the main clause, with the exception of the subparagraphs, of paragraph (1) shall label whether it contains environmentally hazardous factors, and their content on such product or the packages thereof. |
(4) | Except as provided in paragraph (1) through (3), necessary matters concerning the methods, content, etc. of labeling as containing environmentally hazardous factors shall be determined and publicly notified by the Minister of Environment. |
[This Article Newly Inserted on Sep. 24, 2014]
Article 19-3 (Support for Medical Treatment of Children) |
(1) | The Minister of Environment may provide support for the following health examinations, treatment, etc. of children pursuant to Article 25-2 of the Act: |
1. | A child who suffers an environmental disease, as a member of any of the following households: |
2. | Other children to whom the Minister of Environment deems it necessary to provide medical examinations, treatment, etc. because they are likely or suspected to suffer health harm caused by environmental diseases or environmentally hazardous factors. |
(2) | Except as provided in paragraph (1), specifics regarding limits on support for medical treatment, period, procedures, etc. shall be determined and publicly notified by the Minister of Environment. |
[This Article Newly Inserted on Jul. 6, 2021]
Article 20 (Designation and Operation of Environmental Health Centers) |
(1) | Where the Minister of Environment intends to designate environmental health centers under Article 26 (1) of the Act (hereinafter referred to as an "environmental health center"), he or she shall formulate a plan for designation of environmental health centers and publicly announce the content of such plan on the website, etc. of the Minister of Environment for at least 20 days. |
(2) | An entity which intends to be designated as an environmental health center shall file an application for designation with the Minister of Environment within the application period publicly notified pursuant to paragraph (1), as prescribed by Ordinance of the Ministry of Environment. |
(3) | Standards for designation of an environmental health center under Article 26 (4) of the Act shall be as follows: <Amended on Jul. 12, 2016> |
1. | The business goals and plan for the environmental health center shall comply with the designation purpose under Article 26 (1) of the Act (hereinafter referred to as "the designation purpose") and the designation plan under paragraph (1) of this Article (hereinafter referred to as "the designation plan"); |
2. | The plan for composition and operation of the environmental health center shall conscientiously comply with the objectives for designation and the designation plan; |
3. | The environmental health center shall have ability to secure funding for its operation; |
4. | The environmental health center shall be equipped with capabilities for performing research activities, such as personnel, organizational structure, facilities and equipment for research; |
5. | The environmental health center shall have a track record of achievements in either research in the field of environmental health, or medical treatments. |
(4) | The Minister of Environment may organize and operate an examination group for designating environmental health centers which is comprised of experts in the field of environmental health, etc., so as to examine matters referred to in each subparagraph of paragraph (3) with respect to the entities who apply for designation pursuant to paragraph (2). |
(5) | Where the Minister of Environment determines whether to designate any entity as an environmental health center, and entities eligible to be designated as such, he or she may take into consideration the examination opinions of the examination group for designating environmental health centers under paragraph (4). |
(6) | Where the Minister of Environment designates any entity as an environmental health center, he or she shall publicly announce the fact in the Official Gazette. |
(7) | An environmental health center shall report its achievements of projects for the previous year and the projects plan for the relevant year to the Minister of Environment by January 31, every year. |
(8) | An environmental health center may, if necessary to efficiently perform any project, implement the project jointly with other environmental health center, or perform the project in cooperation with other institutions, after obtaining approval from the Minister of Environment. |
(9) | Except as provided in paragraphs (1) through (8), matters necessary for the designation, operation, etc. of environmental health centers shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Wholly Amended on Jun. 28, 2013]
Article 20-2 (Effective Period of Designation of Environmental Health Center) |
The effective period of designation of an environmental health center under Article 26 (2) of the Act shall be 5 years, but in the case of designation to support epidemiological investigations in a particular district, it shall be 3 years. [This Article Newly Inserted on Jul. 12, 2016]
[Previous Article 20-2 moved to Article 20-4 <Jul. 12, 2016>]
Article 20-3 (Re-designation of Environmental Health Center) |
Articles 20 and 20-2 shall apply mutatis mutandis to standards, procedures, effective period, etc. for re-designation of environmental health centers under Article 26 (2) of the Act. |
[This Article Newly Inserted on Jul. 12, 2016]
Article 20-4 (Standards for Evaluation of Environmental Health Center, and Other Related Matters) |
(1) | Subject-matters for appraisal in a regular appraisal process referred to in Article 26-2 (1) 1 of the Act shall be as follows: |
1. | Appropriateness of execution of expenses; |
2. | Outcomes and achievements of projects under Article 26 (1) of the Act; |
3. | Degree of the operational activation of environmental health centers. |
(2) | Subject-matters for appraisal in a regular appraisal process referred to in Article 26-2 (1) 2 of the Act shall be as follows: <Amended on Jul. 12, 2016> |
1. | Findings from regular appraisals during the effective period, and outcomes and achievements of projects for the year in which the effective period ends; |
2. | Conduciveness to the clarification, supervision, prevention, and control of health harm caused by environmentally hazardous factors, and to the creation of infrastructure for, and activation of, epidemiological investigations, etc. |
(3) | The Minister of Environment shall, pursuant to Article 26-2 (3) of the Act, determine appraisal standards by item and the appraisal date and time of a regular appraisal or a comprehensive appraisal under paragraphs (1) (2) and inform the head of the environmental health center subject to such appraisal, by no later than three months before the scheduled appraisal date. |
[This Article Newly Inserted on Jun. 28, 2013]
[Moved from Article 20-2 <Jul. 12, 2016>]
Article 21 (Standards for Revocation of Designation, and Suspension of Business of Environmental Health Center, and Other Related Matters) |
(1) | Standards for revocation of designation, and suspension of business, of an environmental health center under Article 27 (2) of the Act shall be as specified in attached Table 4. |
(2) | Where the Minister of Environment orders the revocation of designation, or the suspension of business, of an environmental health center pursuant to Article 27 of the Act, he or she shall publicly announce its content in the Official Gazette or on the website of the Ministry of Environment without delay. |
(3) | Except as provided in (1) and (2), matters necessary for the revocation of designation, or the suspension of business, of an environmental health center shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Wholly Amended on Jun. 28, 2013]
Article 21-2 (Establishment and Operation of Center for Prevention and Management of Environmental Diseases) |
(1) | The center for the prevention and management of environmental diseases established and operated by the Minister of Environment and the heads of local governments pursuant to Article 27-2 (1) of the Act (hereinafter referred to as "center for the prevention and management of environmental diseases") shall meet all of the following requirements: |
1. | It shall have an independent space necessary for disseminating information on the prevention and management of environmental diseases and providing medical support, and operating education and activity programs; |
(2) | The heads of the center for the prevention and management of environmental diseases established by the Minister of Environment shall report to the Minister of Environment the business performance of a previous year and a business plan for a relevant year by January 31 of each year. |
[This Article Newly Inserted on Apr. 24, 2018]
Article 22 (Delegation and Entrustment of Authority and Duties) |
(1) | Deleted. <Dec. 31, 2020> |
(2) | The Minister of Environment shall delegate the following authority to the head of an environmental local government agency pursuant to Article 30 (1) of the Act: <Newly Inserted on Oct. 28, 2011; Jul. 12, 2016; Nov. 22, 2022> |
1. | Order to suspend sales of or to recall children’s products under Article 24 (5) of the Act; |
2. | Recommendation to interrupt sales of or recall children’s products under Article 24 (6) of the Act; |
3. | Order to make a report and submit materials, and entry and inspection, under Article 29 (1) 2 of the Act; |
4. | Imposition and collection of administrative fines under Article 33 (2) 2 of the Act (only limited to matters delegated pursuant to subparagraph 3). |
(3) | The Minister of Environment shall delegate the following authority to the President of the National Institute of Environmental Research pursuant to Article 30 (1) of the Act: <Amended on Oct. 28, 2011; Jul. 31, 2012; Dec. 31, 2020; Jul. 6, 2021; Nov. 22, 2022> |
1. | Risk assessment of environmentally hazardous factors under Article 11 (1) of the Act; |
1-2. | Request for a basic survey, close survey, or joint survey and submission of data and others in relation to national environmental health under Article 14 of the Act; |
2. | Investigating and assessing the effects of environmentally hazardous factors on health under Article 15 (1) of the Act; |
2-2. | Epidemiological investigations on environment-related health harm under Article 15 (2) of the Act; |
2-3. | Request for submission of data under Article 15 (3) of the Act; |
3. | Assessment of exposure of children’s activity zones to environmentally hazardous factors under Article 23 (1) of the Act; |
4. | Designation of inspection agencies, receipt of reports on modification, suspension of business, and revocation of designation under the main clause of Article 23-2 (1) of the Act and paragraphs (3) and (5) of that Article; |
5. | Risk assessment of children’s products under Article 24 (2) of the Act; |
6. | Order to report and submit materials, and entry and inspection, under Article 29 (1) 3 of the Act; |
7. | Hearings under subparagraph 1 of Article 29-3 of the Act. |
(4) | The Minister of Environment shall entrust the following business affairs to the Korea Environmental Industry and Technology Institute established under the Korea Environmental Industry and Technology Institute Act, pursuant to Article 30 (2) of the Act: <Amended on Sep. 24, 2014; Jul. 12, 2016; Nov. 29, 2016; Apr. 24, 2018; Dec. 31, 2020; Jul. 6, 2021; Nov. 22, 2022> |
1. | Business affairs relating to the collection and management of basic data and other support, for investigating and assessing the effects of environmentally hazardous factors on health under Article 15 (1) of the Act; |
2. | Business affairs relating to administrative and financial support for preventing and controlling public health harm caused by environmentally hazardous factors under Article 20 (1) of the Act; |
3. | Business affairs relating to technical and financial support necessary to ensure that the owners or managers of children’s activity zones comply with environmental safety management standards under Article 20 (2) of the Act; |
4. | Deleted; <Nov. 22, 2022> |
5. | Business affairs regarding technical support in relation to interruption to selling children’s products either as such or for children’s use, or order to recall children’s products, under Article 24 (5) of the Act; |
6. | Business affairs relating to support for health examinations, medical treatment, etc., of children under Article 25-2 of the Act; |
7. | Business affairs relating to the establishment and operation of the comprehensive information system for environmental health under Article 28-2 of the Act. |
1. | Business affairs relating to education on environmental health prescribed in Article 23-3 of the Act; |
2. | Business affairs relating to administrative and technical support regarding the certification of environmental safety of children’s activity zones under Article 23-4 of the Act. |
(6) | The Minister of Environment may entrust the affairs related to the development of environmental health indicators under Article 21 of the Act to the following institutions, pursuant to Article 30 (2) of the Act: <Newly Inserted on Jul. 6, 2021> |
1. | Environmental health center; |
(7) | The Minister of Environment may entrust the affairs related to the operation of the center for the prevention and management of environmental diseases under Article 27-2 of the Act to the following institutions, pursuant to Article 30 (2) of the Act: <Newly Inserted on Apr. 24, 2018; Jul. 6, 2021> |
1. | Environmental health center; |
(8) | Where the Minister of Environment entrusts his or her duties pursuant to paragraph (6) or (7), he or she shall publicly notify the date on which an institution is entrusted therewith and the name of the institution. <Newly Inserted on Jun. 28, 2013; Apr. 24, 2018; Jul. 6, 2021> |
[Title Amended on Jul. 6, 2021]
Article 22-2 (Management of Sensitive Information and Personally Identifiable Information) |
The Minister of Environment (including persons delegated or entrusted with authority of the Minister of Environment pursuant to Article 22) or the Mayor/Do Governor may, if essential to perform the following administrative affairs (for the Mayor/Do Governor, limited to administrative affairs prescribed in subparagraphs 3 through 5), manage data concerning health under Article 23 of the Personal Information Protection Act or data containing resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Act: <Amended on Aug. 11, 2015; Jul. 6, 2021> 1. | Administrative affairs relating to basic surveys and close surveys on national health environment under Article 14 of the Act; |
2. | Administrative affairs relating to investigations and assessments on the effects of environmentally hazardous factors on health under Article 15 (1) of the Act; |
3. | Administrative affairs relating to epidemiological investigations of environment-related health harm under Article 15 (2) of the Act; |
4. | Administrative affairs relating to petitions for health impact surveys under Article 17 of the Act; |
5. | Administrative affairs relating to support for persons who suffer health harm caused by environmentally hazardous factors under Article 20 of the Act and Article 13-4 of this Decree; |
6. | Administrative affairs relating to management of information and statistics on environmental health under Article 22 of the Act; |
7. | Administrative affairs relating to support for medical treatment of children under Article 25-2 of the Act. |
[This Article Newly Inserted on Aug. 6, 2014]
Article 22-3 (Criteria for Imposition of Administrative Fines) |
Criteria for the imposition of administrative fines under Article 33 (1) through (3) of the Act shall be as specified in attached Table 5. <Amended on Nov. 22, 2022> [This Article Newly Inserted on Jul. 12, 2016]
Article 23 (Re-Examination of Regulation) |
The Minister of Environment shall examine the appropriateness of the following matters every 3 years, counting from each base date specified in the following subparagraphs (referring to the period that ends on the day before the base date of every 3rd year) and shall take measures, such as making improvements:
1. | Scope of children’s activity zones (limited to matters concerning school libraries of elementary schools specified in subparagraph 4 of Article 1-2) referred to in subparagraph 8 of Article 2 of the Act: September 25, 2014; |
2. | Scales of expansion and repairs subject to verification inspection under Article 16-2: September 25, 2014; |
3. | Products subject to labelling as "containing environmentally hazardous factors," and methods for labelling under Article 19-2: January 1, 2015. |
[This Article Wholly Amended on Sep. 24, 2014]
ADDENDA <Presidential Decree No. 21347, Mar. 12, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 22, 2009: Provided, That Articles 12 and 13, and attached Table 1 shall enter into force on January 1, 2010. Article 2 Deleted. <January 1, 2013>
ADDENDUM <Presidential Decree No. 23269, Oct. 28, 2011>
This Decree shall enter into force on November 20, 2011.
ADDENDA <Presidential Decree No. 23356, Dec. 8, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 8, 2011. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23997, Jul. 31, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 2, 2012.
Article 2 (Special Case of Application concerning Risk Management in Children's Activity Zones)
"Children's activity zones prescribed by Presidential Decree" referred to in the proviso to Article 2 of the Addenda of the partial amendment to the Environmental Health Act (Act No. 11265) means the infant caring rooms and classrooms of child-care centers and kindergartens (excluding national and public child-care centers and kindergartens) with a total floor area of less than 430 square meters which were established before March 22, 2009, among children's activity zones under the amended provisions of subparagraphs 2 and 3 of Article 1-2.
ADDENDUM <Presidential Decree No. 24294, Jan. 1, 2013>
This Decree shall enter into force on January 1, 2013.
ADDENDA <Presidential Decree No. 24649, Jun. 28, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 2, 2013.
Article 2 (Transitional Measures concerning Environmental Safety Control Standards)
The owners or managers of the children’s activity zones established before this Decree enters into force, shall ensure the paints and finishing materials used in the relevant children’s activity zones comply with the amended provisions of subparagraph 2 (a) of attached Table 2, within 6 months after this Decree enters into force.
ADDENDUM <Presidential Decree No. 25301, Apr. 10, 2014>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 25451, Jul. 14, 2014>
This Decree shall enter into force on July 15, 2014: Provided, that the amended provisions of subparagraph 4 of Article 1-2, and Article 23 shall enter into force on September 25, 2014.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDUM <Presidential Decree No. 25626, Sep. 24, 2014>
This Decree shall enter into force on September 25, 2014: Provided, that the amended provisions of Article 19-2 shall enter into force on January 1, 2015.
ADDENDA <Presidential Decree No. 25836, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 26295, Jun. 1, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 4, 2015.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 26435, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 26482, Aug. 11, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measure concerning Change of Delegated Agencies)
Dispositions or acts taken by the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor or the Special Self-Governing Province Governor, and acts taken to the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor or the Special Self-Governing Province Governor pursuant to the former provisions before this Decree enters into force shall be deemed the dispositions or acts taken by the relevant superintendent of education or the act taken toward the relevant superintendent of education pursuant to the amended provisions, with the exception of the subparagraphs, of Article 22 (1), respectively.
ADDENDUM <Presidential Decree No. 27336, Jul. 12, 2016>
This Decree shall enter into force on July 28, 2016.
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. 27675, Dec. 20, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 23, 2016.
Article 2 Omitted.
Article 3 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 the provisions amending any Decrees that were promulgated before this Decree enters into force but have yet to enter into force, among the Decrees amended pursuant to Article 8 of the Addenda, shall enter into force on the respective dates the relevant Decrees enter into force. Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 28826, Apr. 24, 2018>
This Decree shall enter into force on April 25, 2018.
ADDENDUM <Presidential Decree No. 29950, Jul. 2, 2019>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 29972, Jul. 9, 2019>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 30295, Dec. 31, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Special Cases concerning Risk Management in Children's Activity Zones)
Article 23 of the Act shall apply to children’s activity zones established before April 30, 2020 pursuant to the amended provisions of Article 1-2, starting from May 1, 2023.
ADDENDUM <Presidential Decree No. 31357, Dec. 31, 2020>
This Decree shall enter into force on January 1, 2021.
ADDENDA <Presidential Decree No. 31875, Jul. 6, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 6, 2021: Provided, That the amended provisions of subparagraph 2 (a) (ii) and (iii) of attached Table 2 and subparagraph 5 (c) of the same Table shall enter into force 9 months after the date of its promulgation.
Article 2 (Special Cases concerning Formulation of Regional Plans)
Notwithstanding the amended provisions of Article 2-2 (1), the first regional plan to be formulated by the Mayor/Do Governor after this Decree enters into force shall be formulated not later than December 31, 2022. Article 3 (Transitional Measures concerning Environmental Safety Management Standards for Children’s Activity Zones)
Notwithstanding the amended provisions of subparagraph 2 (a) (ii) and (iii) of attached Table 2 and subparagraph 5 (c) of that Table, the previous provisions shall apply to environmental safety management standards for children's activity zones established before the enforcement date pursuant to the proviso of Article 1 of the Addenda until December 31, 2025.
ADDENDUM <Presidential Decree No. 33001, Nov. 22, 2022>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 33479, May 23, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 11, 2023.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 33840, Oct. 31, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Projects Subject to Addition and Assessment of Health Impact Items)