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SPECIAL ACT ON THE REDUCTION AND MANAGEMENT OF FINE DUST

Act No. 15718, Aug. 14, 2018

Amended by Act No. 16303, Mar. 26, 2019

Act No. 17177, Mar. 31, 2020

Act No. 18906, Jun. 10, 2022

Act No. 20117, Jan. 23, 2024

 Article 1 (Purpose)
The purpose of this Act is to create an amenable living environment by preventing the risks posed by fine dust to the health of the public and by managing and conserving air quality in an appropriate manner through the reduction of fine dust emission and fine dust-generating substances and the continuous control of generation thereof.
 Article 2 (Definitions)
The terms used in this Act are defined as follows:
1. The term "fine dust" means the following inhalable dust among the dust defined in subparagraph 6 of Article 2 of the Clean Air Conservation Act:
(a) Dust with a diameter not exceeding 10 micrometers (PM 10: fine dust);
(b) Dust with a diameter not exceeding 2.5 micrometers (PM 2.5: ultra-fine dust);
2. The term "fine dust-generating substance" means the following substances that convert into fine dust in the air:
(a) Nitrogen oxides;
(b) Sulphur oxides;
(c) Volatile organic compounds;
(d) Other substances prescribed by Ordinance of the Ministry of Environment;
3. The term "sources of fine dust emissions" means the facilities, machinery, equipment and other objects that emit fine dust and fine dust-generating substances into the air and that are air pollutant-emitting facilities defined in subparagraph 11 of Article 2 of the Clean Air Conservation Act and those prescribed by Ordinance of the Ministry of Environment.
 Article 3 (Responsibility of the State and Local Governments)
(1) The State and local governments shall formulate and implement policies necessary to understand the effects of fine dust on the people and to protect the health and lives of the people from fine dust.
(2) The State and local governments shall strengthen education, publicity, etc. with regard to fine dust so that the people may participate in the reduction and management of fine dust and fine dust-generating substances (hereinafter referred to as "fine dust, etc.") in their daily lives.
(3) The State and local governments shall proactively participate in international endeavors for the reduction and management of fine dust, etc. and cooperate with neighboring countries.
 Article 4 (Responsibilities of Business Entities)
A person who conducts business activities (including the operation of motor vehicles defined in subparagraph 13 of Article 2 of the Clean Air Conservation Act that are possessed for the relevant business activities; hereinafter the same shall apply) shall take measures necessary for the reduction and management of fine dust, etc. that are generated in the course of business activities of such person, and proactively cooperate in the policies implemented by the State and local governments for the reduction and management of fine dust, etc.
 Article 5 (Responsibilities of Citizens)
The people shall endeavor to reduce and manage fine dust, etc. that are generated in their daily lives and cooperate in the policies implemented by the State and local governments for the reduction and management of fine dust.
 Article 6 (Relationship to Other Statutes)
This Act shall apply to the reduction and management of fine dust in preference to other statutes, and the Clean Air Conservation Act and the Special Act on the Improvement of Air Quality in Air Control Zones shall apply to matters that are not prescribed by this Act. <Amended on Mar. 31, 2020>
 Article 7 (Formulation of Comprehensive Plans for Fine Dust Management)
(1) The Government shall formulate and implement a comprehensive plan for the reduction and management of fine dust (hereinafter referred to as "comprehensive plan") every five years in consideration of the comprehensive plans to improve the atmospheric environment under Article 11 of the Clean Air Conservation Act.
(2) The comprehensive plan shall include the following:
1. Target of and basic direction-setting for improvement of fine dust concentration;
2. Current state of fine dust concentration and outlook therefor;
3. Current state of emissions of fine dust, etc. and outlook therefor;
4. Target of reduction in the emission of fine dust, etc. and measures therefor by field and by stage to attain the target;
5. Study and research on the effects of fine dust on the health of people;
6. Matters concerning the protection of social groups vulnerable to fine dust;
7. Amount of finances necessary to implement comprehensive plans and matters concerning fund-raising;
8. Other matters prescribed by Presidential Decree, which are deemed necessary for the reduction and management of emission of fine dust, etc.
(3) Where the Government formulates a comprehensive plan, it shall, in advance, hear the opinion of the Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, Do Governors or the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") and finalize the plan after deliberation by the Special Policy Committee on Fine Dust under Article 10. The same shall also apply to the modification of the comprehensive plan (excluding modification of insignificant matters prescribed by Presidential Decree; hereinafter the same shall apply).
(4) Where necessary to formulate or modify a comprehensive plan, the Government may request Mayors/Do Governors to submit data necessary for the formulation or modification of the comprehensive plan. In such cases, the Mayors/Do Governors who are requested to submit data shall comply with such request unless there is a compelling reason not to do so.
(5) Where the Government has formulated or modified a comprehensive plan, it shall publicly notify such fact in the Official Gazette and notify Mayors/Do Governors thereof.
(6) Other matters necessary for the formulation, modification, etc. of comprehensive plans shall be prescribed by Presidential Decree.
 Article 8 (Formulation of Implementation Plans)
(1) Mayors/Do Governors shall formulate a detailed implementation plan (hereinafter referred to as "implementation plan") to implement the comprehensive plan in their jurisdiction and report such fact to the Minister of Environment, and the same shall also apply to the modification thereof: Provided, That where a comprehensive plan under this Act is reflected in the implementation plan under Article 10 of the Special Act on the Improvement of Air Quality in Air Control Zones, an implementation plan under this Act shall be deemed formulated. <Amended on Mar. 31, 2020>
(2) Mayors/Do Governors shall annually report the results of progress of an implementation plan to the Minister of Environment.
(3) The Minister of Environment shall compile the results of progress of implementation plans reported pursuant to paragraph (2) and report such compiled results to the Special Policy Committee on Fine Dust under Article 10.
(4) Other matters necessary for the formulation and implementation of implementation plans, and for reporting, etc. on the results of progress of such plans shall be prescribed by Ordinance of the Ministry of Environment.
 Article 9 (Submission of Reports on Results of Progress)
The Minister of Environment shall prepare a report on the results of progress based on the compiled results of progress of implementation plans that have been reported pursuant to Article 8 (2) and submit the report to the National Assembly.
 Article 10 (Establishment of Special Policy Committee on Fine Dust)
(1) A Special Policy Committee on Fine Dust (hereinafter referred to as the "Committee") shall be established under the Prime Minister to efficiently promote the reduction and management of fine dust.
(2) The committee shall examine the following matters:
1. Formulation and revision of the comprehensive plan;
2. Examination and evaluation of the results of progress of implementation plans;
3. Reduction and management of emission of fine dust, etc.;
4. Management of health of the people against fine dust;
5. Public suggestions on how to reduce fine dust, etc. and ways to implement such suggestions;
6. International cooperation for the reduction and management of fine dust;
7. Matters prescribed by Presidential Decree that are necessary for the reduction and management of fine dust, etc.;
8. Other matters submitted by the chairperson for deliberation as deemed necessary.
 Article 11 (Composition of Committee)
(1) The Committee shall consist of 40 or less members including a chairperson and the members shall be either ex officio members or commissioned members.
(2) The Prime Minister and a person designated by the President from among the members under paragraph (4) shall become the chairpersons.
(3) The heads of relevant central administrative agencies prescribed by Presidential Decree shall be ex officio members.
(4) Persons commissioned by the chairpersons from among those who have sufficient knowledge and experience in fine dust shall be commissioned members.
(5) Other matters necessary for the composition, operation, etc. of the Committee shall be prescribed by Presidential Decree.
 Article 12 (Establishment of Office for Clean Air)
(1) An Office for Clean Air shall be established under the Prime Minister to effectively promote the reduction and management of fine dust and to efficiently support the business and operation of the Committee.
(2) Matters necessary for the composition and operation of the Office for Clean Air under paragraph (1) shall be prescribed by Presidential Decree.
 Article 13 (Implementation of Inspection of Actual State)
(1) To ascertain the actual state, etc. of fine dust emissions necessary for the formulation of fine dust policies, the Minister of Environment may conduct an inspection of the actual state as prescribed by Presidential Decree.
(2) With regard to the inspection of the actual state under paragraph (1), the Minister of Environment may request the heads of relevant central administrative agencies and the heads of local governments to submit necessary data, etc.
(3) The heads of relevant central administrative agencies and the heads of local governments in receipt of a request under paragraph (2) shall comply with such request without good cause.
 Article 14 (International Cooperation for Fine Dust)
The Government shall endeavor to cooperate with other countries to reduce and manage fine dust, etc., for the promotion of the following matters:
1. Investigation and research into fine dust, etc. on an international level and dissemination of the results of the research;
2. International exchange of technologies, personnel and information in fields related to fine dust between countries or with international organizations;
3. Establishment of a system to monitor fine dust, etc. with other countries;
4. Fund-raising with other countries to prevent damage caused by fine dust;
5. Education and publicity for the prevention of damage caused by fine dust in the international community;
6. Convening and participating in various events, such as international conferences and symposiums;
7. Other matters necessary for international cooperation.
 Article 15 (Ascertainment of Current State of Sources of Long-Range Transported Fine Dust Emissions)
The Minister of Environment may request the heads of relevant administrative agencies to provide cooperation and may request related business entities, etc. to equip fine dust measuring instruments on aircraft, vessels, etc. to ascertain the route, concentration, etc. of long-range transported fine dust.
 Article 16 (Research and Development Related to Fine Dust)
The Government may directly conduct or support research and development necessary for the measurement and forecast of fine dust, efficient reduction and management of fine dust, protection of the health of the people, etc.
 Article 17 (Establishment and Operation of National Air Emission Inventory and Research Center)
(1) For the collection, analysis, and systematic management of information on the cause of generation, analysis of policy influence, and emissions of fine dust, etc., the Minister of Environment shall establish and operate a National Center for Fine Dust Information (hereinafter referred to as the "Research Center"). <Amended on Mar. 26, 2019>
(2) The Information Center shall perform the following projects: <Amended on Mar. 26, 2019>
1. Collection and analysis of information and data for the calculation of emissions of fine dust, etc.;
2. Calculation of emissions of fine dust, etc. and management of statistics related thereto;
3. Other matters prescribed by Ordinance of the Ministry of Environment for the analysis of the cause of generation, calculation of emissions, policy influence, etc. of fine dust, etc.
(3) The managers, etc. of institutions related to information on emissions of fine dust, etc. under paragraph (2) and emitting facilities shall proactively cooperate in the preparation of statistical data, provision of information, etc. for the precise calculation of emissions of fine dust, etc.
(4) Other matters necessary for the methods, etc. of managing statistical data and information of the Information Center shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Mar. 26, 2019>
 Article 18 (Emergency Reduction Measures for High Fine Dust Concentration)
(1) Where the predicted concentration of ultra-fine dust reaches the level prescribed by Ordinance of the Ministry of Environment during the period determined by the Minister of Environment, a Mayor/Do Governor may take the following emergency reduction measures: Provided, That where emergency reduction measures are needed over a wide area of at least two Cities/Dos, the Minister of Environment may request the relevant Mayors/Do Governors to take emergency reduction measures, and the Mayors/Do Governors in receipt of such request shall comply therewith unless there is good cause:
1. Restrictions on the operation of motor vehicles except for the motor vehicles for business use, etc. prescribed by Presidential Decree;
2. Change of operating hours and adjustment to operating rates of facilities prescribed by Ordinance of the Ministry of Environment among air pollutant-emitting facilities defined in subparagraph 11 of Article 2 of the Clean Air Conservation Act; or improvement of efficiency of air pollution prevention facilities defined in subparagraph 12 of Article 2 of that Act;
3. Change of or adjustment to construction hours at construction sites for the projects generating fugitive dust;
4. Other matters prescribed by Presidential Decree with regard to the emergency reduction measures.
(2) Where Mayors/Do Governors take emergency reduction measures under paragraph (1), recommendations for temporary closure, flexible working hours system, etc. may be provided to the heads of relevant institutions or business entities, as prescribed by Presidential Decree.
(3) A person in receipt of a request for emergency reduction measures under paragraph (1) shall comply therewith unless there is a compelling reason not to do so.
(4) Matters necessary for the areas subject to emergency reduction measures under paragraph (1), criteria for issuing an order to take emergency reduction measures, period and procedures therefor, etc. shall be prescribed by Presidential Decree: Provided, That matters necessary for the methods of restricting the operation of motor vehicles, areas subject to restrictions, motor vehicles subject to restrictions, order issuing time, procedures for issuance, etc. shall be prescribed by ordinance of the relevant City/Do.
 Article 19 (Revocation of Emergency Reduction Measures)
(1) Where reasons for ordering emergency reduction measures cease to exist, Mayors/Do Governors shall immediately revoke the emergency reduction measures.
(2) Other matters necessary for the requirements for revoking emergency reduction measures, procedures therefor, etc. shall be prescribed by Ordinance of the Ministry of Environment.
 Article 20 (Reporting on Results of Emergency Reduction Measures)
(1) When a Mayor/Do Governor issues an order to take emergency reduction measures, he or she shall report the results of the measures to the Minister of Environment within 30 days from the date of issuance of such order, as prescribed by Ordinance of the Ministry of Environment.
(2) The Minister of Environment shall conduct comprehensive evaluation of the results of measures reported pursuant to paragraph (1) and notify the results of such evaluation to the relevant Mayor/Do Governor.
(3) Matters necessary for the methods of comprehensive evaluation under paragraph (2), procedures therefor, etc. shall be prescribed by Ordinance of the Ministry of Environment.
 Article 21 (Intensive Management Due to Seasonal Factors)
(1) Where the Minister of Environment deems it necessary to efficiently reduce and manage the emission of fine dust due to an emergency factor such as a period when the monthly average concentration of ultra-fine dust is particularly deepened (referring to the period starting from December 1 to March 31 of the following year; hereinafter referred to as "seasonal management period for fine dust") due to seasonal factors, etc., the Minister may request the following measures from the head of the relevant central administrative agency, the head of a local government, or the operator of a facility operated by a public institution under Article 4 of the Act on the Operation of Public Institutions (hereafter in this Article referred to as “public emission facility”) or a private emission facility prescribed by Ordinance of the Ministry of Environment (hereinafter referred to as "private emission facility"); in such cases, when the Minister of Environment intends to request the operator of a private emission facility to take measures, he or she may hear the opinion of the head of the local government having jurisdiction over such facility to take into account local conditions and characteristics: <Amended on Mar. 31, 2020; Jan. 9, 2024>
1. Adjustment of operation rate and change of operating hours of air pollutant-emitting facilities defined in subparagraph 11 of Article 2 of the Clean Air Conservation Act (excluding private emission facilities);
2. Improvement of efficiency of air pollution prevention facilities defined in subparagraph 12 of Article 2 of the Clean Air Conservation Act;
3. Measures for the reduction and management of emission of fine dust, etc., such as the reduction of fugitive dust emitted from places of business (referring to places of business subject to permission or reporting under Article 23 (1) or 38-2 (1) of the Clean Air Conservation Act);
4. Conversion of fuel, restrictions on speed, or restrictions on operation for a ship under subparagraph 16 of Article 2 of the Marine Environment Management Act;
5. Other matters prescribed by Presidential Decree, which are deemed necessary for the reduction and management of emission of fine dust, etc.
(2) The head of a central administrative agency, the head of a local government, or the operator of a public or private emission facilities in receipt of a request under paragraph (1) shall comply therewith unless there is a compelling reason not to do so. <Amended on Jan. 9, 2024>
(3) Necessary matters concerning the method and procedure of requesting for measures pursuant to paragraph (1) shall be determined by Ordinance of the Ministry of Environment. <Amended on Mar. 31, 2020>
(4) Notwithstanding paragraph (1), where deemed necessary to reduce and manage the emission of fine dust, etc. in the relevant area, a Mayor/Do Governor may extend a seasonal management period for fine dust as prescribed by ordinance of the relevant City/Do and may take following measures during the seasonal management period for fine dust: <Newly Inserted on Mar. 31, 2020; Jan. 9, 2024>
1. Measures under Article 18 (1) 1, 3, and 4 of the Act;
2. Measures for collecting, keeping, transporting and handling residual materials, such as rice straw found in the course of conducting farming;
3. Other matters prescribed by ordinance of the relevant City/Do, which are deemed necessary to reduce and manage the emission of fine dust, etc.
(5) The Mayor/Do Governor may require a specialized institution or organization to perform its duties in order to efficiently take measures under paragraph (4) 2. In such cases, he or she may fully or partially subsidize such institution or organization to cover the expenses incurred in taking measures within the budget. <Newly Inserted on Mar. 31, 2020>
(6) Matters necessary for methods and procedures for the measures pursuant to paragraph (4) shall be determined by ordinance of a City/Do. <Newly Inserted on Nov. 31, 2020>
[Title Amended on Mar. 31, 2020]
 Article 22 (Designation of Areas Subject to Intensive Management of Fine Dust)
(1) Mayors/Do Governors or the heads of Sis/Guns/Gus may designate an area in which facilities used by children, senior citizens, etc. are concentrated from among the areas that are deemed to have severe fine dust pollution as an area subject to intensive management of fine dust (hereinafter referred to as "intensive management area").
(2) Mayors/Do Governors or the heads of Sis/Guns/Gus may preferentially support the following matters in the intensive management areas as prescribed by Ordinance of the Ministry of Environment:
1. Regular measurement of air pollution levels under Article 3 of the Clean Air Conservation Act;
2. Frequent operation of sprinkler trucks and vacuum cleaner trucks;
3. Replacement of school buses for children, etc. with environment-friendly buses;
4. Installation of air purifying systems at schools, etc.;
5. Planting trees and creation of parks;
6. Other matters prescribed by Ordinance of the Ministry of Environment.
(3) Matters necessary for requirements for the designation and revocation of designation of intensive management areas, procedures therefor, methods of support, etc. shall be prescribed by Ordinance of the Ministry of Environment.
 Article 23 (Protection of Vulnerable Population)
(1) To protect the health of vulnerable social groups from fine dust, such as children and senior citizens (hereinafter referred to as "vulnerable social group"), the Government shall prepare protection measures for vulnerable social groups, such as restrictions on outdoor group activities when concentration is above certain levels, education of personnel working in the areas where vulnerable social groups perform daily activities, etc.: Provided, That where measures for the protection of vulnerable social groups under this Act are reflected in the comprehensive plan, protection measures under this Act shall be deemed formulated.
(2) The scope of vulnerable social groups under paragraph (1), matters necessary for the preparation of protection measures, etc. shall be prescribed by Presidential Decree.
 Article 24 (Certification of Performance of Simple Fine Dust Measuring Instruments)
(1) The Minister of Environment shall implement a performance certification system for fine dust measuring instruments for which type approval or preliminary type approval under the Environmental Testing and Inspection Act has not been granted (hereinafter referred to as "simple fine dust measuring instruments").
(2) No person shall manufacture or import simple fine dust measuring instruments for which performance certification has not been granted, as prescribed in paragraph (1).
(3) The Minister of Environment may designate an institute that certifies performance (hereinafter referred to as "performance certification institute") for performance certification under paragraph (1) from among juristic persons, organizations, etc. having personnel and facilities necessary for the evaluation of performance, etc.
(4) The term of validity of performance certification of a simple fine dust measuring instrument for which performance certification is granted pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment within the range of five years from the date performance certification is issued. <Newly Inserted on Jun. 10, 2022>
(5) In order to verify whether a simple fine dust measuring instrument manufactured or imported after obtaining performance certification under paragraph (1) meets the standards for performance certification, the Minister of Environment may conduct an inspection of the instrument, as prescribed by Ordinance of the Ministry of Environment. <Amended on Jun. 10, 2022>
(6) Where a user of a simple fine dust measuring instrument discloses the measurement results to the public, the user shall comply with the methods prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Jun. 10, 2022>
(7) A person who discloses the measurement results of fine dust to the public pursuant to paragraph (6) shall undergo a regular inspection of the performance of the simple fine dust measuring instruments being used, as prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Jun. 10, 2022>
(8) Other matters necessary for the instruments subject to performance certification, certification ratings, specifications, marks, procedures therefor, and the standards and procedures for designation of performance certification institutes, etc. shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Jun. 10, 2022>
 Article 25 (Revocation of Performance Certification)
(1) Where a simple fine dust measuring instrument for which performance certification is granted pursuant to Article 24 (1) falls under any of the following subparagraphs, the Minister of Environment or a performance certification institute may revoke the performance certification or issue an order to change the performance certification marks: Provided, That in cases falling under subparagraph 1, the Minister of Environment or a performance certification institute shall revoke the performance certification: <Amended on Jun. 10, 2022>
1. Where the performance certification is obtained by fraud or other improper means;
2. Where the instrument fails to satisfy the criteria for performance certification under Ordinance of the Ministry of Environment;
3. Where the manufacture of certified simple fine dust measuring instruments is deemed difficult due to change of business, closure of business, etc.;
4. Where matters under Article 24 (8) are not complied with.
(2) Where the Minister of Environment or a performance certification institute revokes performance certification pursuant to paragraph (1), he, she or it shall, without delay, notify the manufacturers and importers of simple fine dust measuring instruments of such revocation: Provided, That where a performance certification institute revokes performance certification, it shall also notify the Minister of Environment of such fact.
(3) Where a performance certification institute falls under any of the following cases, the Minister of Environment shall revoke the designation thereof or order such institute to wholly or partially suspend business for a specified period not exceeding six months: Provided, That in cases falling under subparagraph 1 or 2, he or she shall revoke the designation thereof: <Amended on Jun. 10, 2022>
1. Where such institute has obtained designation by fraud or other improper means;
2. Where such institute has performed certification business while suspended;
3. Where such institute fails to satisfy the standards for designation of a performance certification institute under Article 24 (8).
(4) Where a person who shall use a simple fine dust measuring instrument after undergoing a performance inspection pursuant to Article 24 (7) falls under any of the following subparagraphs, the Minister of Environment or a performance certification institute may suspend the use thereof and, in cases falling under subparagraph 3, may order the relevant person to conduct a re-inspection within a specified supplementation period not exceeding six months: Provided, That in cases falling under subparagraph 1, the Minister of Environment or a performance certification institute shall issue an order to suspend the use thereof: <Newly Inserted on Jun. 10, 2022>
1. Where he or she undergoes an inspection of performance by fraud or other improper means;
2. Where he or she fails to undergo an inspection of performance;
3. Where the results of performance inspection fail to comply with the standards prescribed by Ordinance of the Ministry of Environment;
(5) The detailed criteria for revocation of performance certification, change of performance certification mark, revocation of designation and suspension of business of a performance certification institute, and detailed criteria for suspension of use and re-inspection shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Jun. 10, 2022>
 Article 25-2 (Designation of Fine Dust Research and Management Center)
(1) To perform the duties of inspection, research, education, technological development, etc. for the prevention, management, etc. of health damage from fine dust, the Minister of Environment may designate any of the following institutes, juristic persons, or organizations satisfying the requirements prescribed by Presidential Decree as a fine dust research and management center:
1. National or public research institutes, or government-funded research institutes under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes;
3. Non-profit juristic persons or organizations relating to environment, which are established pursuant to the Civil Act or other statutes.
(2) The State or a local government may fully or partially subsidize fine dust research and management centers to cover the expenses incurred in performing their duties within the budget. <Amended on Jan. 23, 2024>
(3) Where a fine dust research and management center falls under any of the following cases, the Minister of Environment may revoke the designation thereof or order such center to suspend business for a specified period not exceeding six months, as prescribed by Ordinance of the Ministry of Environment: Provided, That in cases falling under subparagraph 1, he or she shall revoke the designation thereof:
1. Where the trading agency has obtained the designation by fraud or other improper means;
2. Where an educational institution ceases to meet any of the requirements for designation under paragraph (1);
3. Where such center has used subsidies provided pursuant to paragraph (2) for any purpose other than the intended purpose;
4. Where any other ground prescribed by Presidential Decree exists.
(4) Except as provided in paragraphs (1) through (3), matters necessary for the designation, operation, etc. of fine dust research and management centers shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Mar. 26, 2019]
 Article 26 (Submission of Data and Inspection)
(1) Where the Minister of Environment or a Mayor/Do Governor deems necessary to enforce this Act, he or she may have business entities, etc. prescribed by Presidential Decree submit data or have related public officials access the place of business, etc. to inspect related documents, facilities, equipment, etc.
(2) A public official who intends to conduct an inspection under paragraph (1) shall notify business entities subject to inspection of an inspection plan including the date, time, purpose, details, etc. of inspection no later than three days before the inspection: Provided, That this shall not apply, in cases of emergency or where it is deemed that advance notice obstructs the purpose of inspection.
(3) A public official who accesses and conducts an inspection pursuant to paragraph (1) shall carry an identification verifying his or her authority and show it to interested parties.
 Article 27 (Fees)
A person who intends to obtain performance certification of a simple fine dust measuring instrument pursuant to Article 24 shall pay fees as prescribed by Ordinance of the Ministry of Environment.
 Article 28 (Hearings)
Where the Minister of Environment intends to take any of the following administrative measures, he or she shall hold a hearing: <Amended on Mar. 26, 2019>
1. Revocation of performance certification under Article 25 (1);
2. Revocation of designation of a performance certification institute under Article 25 (3);
3. Revocation of designation of a fine dust research and management center under Article 25-2 (3).
 Article 29 (Delegation and Entrustment of Authority)
(1) Part of the authority of the Minister of Environment under this Act may be delegated to Mayors/Do Governors, the heads of Sis/Guns/Gus, the President of the National Institute of Environmental Research or the heads of regional environmental offices, in accordance with prescribed by Presidential Decree.
(2) The Minister of Environment may entrust part of the duties under this Act to relevant specialized institutions, such as the Korea Environment Corporation under the Korea Environment Corporation Act, in accordance with Presidential Decree.
 Article 30 (Persons Deemed to be Public Officials for Purposes of Penalty Provisions)
The following persons shall be deemed a public official in applying Articles 129 through 132 of the Criminal Act:
1. Persons who are not public officials among the members of the Committee;
2. Executive officers and employees of juristic persons or organizations who perform the duties entrusted pursuant to Article 29 (2).
 Article 31 (Administrative Fines)
(1) Any of the following persons shall be subject to an administrative fine not exceeding two million won: <Amended on Mar. 31, 2020>
1. A person who fails to take measures to change operating hours of air pollutant-emitting facilities or to other measures under Article 18 (1) 2 without good cause;
2. A person who fails to take measures to change or adjust construction hours at construction sites under Article 18 (1) 3 without good cause;
3. A person who fails to comply with the request under Article 21 (1) without good cause;
4. A person who fails to comply with an order issued by the competent Mayor/Do Governor to take measures under Article 21 (4) 1 (limited to measures specified in Article 18 (1) 3) without good cause;
5. A person who manufactures or imports simple fine dust measuring instruments for which performance certification has not been granted, in violation of Article 24 (2);
6. A person who fails to submit data under Article 26 (1) submits false data, or evades, obstructs, or refuses access or inspection by relevant public officials.
(2) Any of the following persons shall be subject to an administrative fine not exceeding 100 thousand won: <Amended on Mar. 31, 2020; Jun. 10, 2022>
1. A person who fails to comply with the measure to restrict the operation of motor vehicles under Article 18 (1) 1 without good cause;
2. A person who fails to comply with the measure to restrict the operation of motor vehicles among the measures under Article 21 (4) 1 without good cause;
3. A person who uses a simple fine dust measuring instrument the use of which is suspended pursuant to Article 25 (4), for the purpose of disclosing the information to the public.
(3) The administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of Environment, Mayors/Do Governors, or the heads of Sis/Guns/Gus, as prescribed by Presidential Decree.
ADDENDA <Act No. 15718, Aug. 14, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 22, 24, 25, 27, 28, and 31 (1) 3 shall enter into force one year after the date of its promulgation.
Article 2 (Period of Duration of Committee)
The Committee and the Office for Clean Air under Articles 10 through 12 shall continue to exist for seven years from the date this Act enters into force. <Amended on Jan. 23, 2024>
Article 3 (Preparatory Actions for Enforcing This Act)
The preparations for the establishment of the Committee and the Office for Clean Air, such as appointment or commission of members of the Committee and appointment of staff of the Office for Clean Air, may be made before this Act enters into force.
Article 4 (Special Cases concerning Extension of Period of Duration of Committee)
Where the Government intends to extend the period of duration of the Committee, etc. under Article 2 of the Addenda, the Government shall evaluate the results of reduction and management of fine dust no later than one year before the period of duration expires and report the results of such evaluation to the National Assembly.
ADDENDA <Act No. 16303, Mar. 26, 2019>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 25-2 and subparagraph 3 of Article 28 shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 17177, Mar. 31, 2020>
This Decree shall enter force on the date of its promulgation: Provided, That the amended provisions of Article 6 and the proviso of Article 8 (1) shall enter into force on April 3, 2020.
ADDENDA <Act No. 18906, Jun. 10, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Term of Validity of Performance Certification and Inspection of Simple Fine Dust Measuring Instruments)
The amended provisions of Article 24 (4) or (5) shall also apply to simple fine dust measuring instruments the performance of which is already certified pursuant to paragraph (1) of that Article as at the time this Act enters into force.
Article 3 (Applicability to Inspection of Performance of Simple Fine Dust Measuring Instruments)
The amended provisions of Articles 24 (7), 25 (4), and 31 (2) 3 shall also apply to simple fine dust measuring instruments being used pursuant to the former provisions of Article 24 (4) as at the time this Act enters into force. In such cases, the relevant simple fine dust measuring instrument shall undergo a performance inspection within one year from the enforcement date of this Act, as prescribed by Ordinance of the Ministry of Environment.
ADDENDUM <Act No. 19961, Jan. 9, 2024>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 21 (4) shall enter into force on the date of the promulgation.
ADDENDUM <Act No. 20117, Jan. 23, 2024>
This Act shall enter into force on the date of its promulgation.