CHAPTER I GENERAL PROVISIONS
| Article 2 (Air control zones) |
| Article 3 (Criteria for requests for measures based on measurement results of air pollution levels) |
"Where the results ... indicate that air pollution exceeds the criteria prescribed by Presidential Decree" in Article 8 (2) of the Act means cases where the concentration of fine dust exceeds 200 micrograms per cubic meter.
CHAPTER II FORMULATION OF MASTER PLANS FOR AIR QUALITY CONTROL
| Article 4 (Matters to be included in master plans) |
"Matters prescribed by Presidential Decree" in Article 9 (2) 13 of the Act means the following: | 1. | Matters regarding the reduction of air pollutants through the supply of environment-friendly fuel for motor vehicles; |
| 2. | The following matters related to the reduction of air pollutants: |
| (a) | Control of traffic demand; |
| (b) | Promotion of scientific and automated operation and management of traffic systems; |
| (c) | Improvement of the efficiency of vehicles; |
| (d) | Production and consumption of energy; |
| (e) | Rational and efficient use of energy; |
| Article 5 (Submission of reports on outcomes of implementing master plans) |
| (1) | The Minister of Environment shall submit a report on the outcomes of implementing a master plan under Article 9 (7) of the Act to the National Assembly every 5 years by December 31 of the year of submission pursuant to that paragraph. |
| (2) | A report under paragraph (1) shall include the following: |
| 1. | The objectives and basic direction of improving air quality; |
| 2. | The essential details of an air quality control master plan under Article 9 (1) of the Act and a detailed plan to implement the master plan (hereinafter referred to as "action plan"); |
| 3. | The total emission allowances by each region and the amount of air pollutants reduced by each emission source in the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, and a Special Self-Governing Province (hereinafter referred to as "Cities/Dos") included in air control zones; |
| 4. | Other outcomes of taking measures to address air pollution. |
| Article 6 (Formulation and implementation of environment-friendly development plans) |
"Plans prescribed by Presidential Decree" in subparagraph 5 of Article 11 of the Act means the following plans:
| Article 7 (Matters subject to deliberation by air quality control committee by zone) |
"Matters prescribed by Presidential Decree" in Article 12 (1) 3 of the Act means matters that the chairperson of an air quality control committee by zone under that Article (hereinafter referred to as "committee") refers to the committee for deliberation.
| Article 8 (Composition of committee) |
| (1) | "Vice Minister of the relevant central administrative agency prescribed by Presidential Decree" in Article 12 (2) of the Act means the 1st Vice Minister of Economy and Finance; the Vice Minister of Agriculture, Food and Rural Affairs; the 1st Vice Minister of Trade, Industry and Energy; the 2nd Vice Minister of Land, Infrastructure and Transport; the Vice Minister of Oceans and Fisheries; the Vice Minister of SMEs and Startups; and the 2nd Vice Minister of Government Policy Coordination. <Amended on Aug. 6, 2021> |
| (2) | The Minister of Environment shall commission up to 10 experts with extensive expertise and knowledge for each zone as members of a committee, taking into consideration gender equality. |
| Article 9 (Term of office of members) |
Each committee member who is not a public official shall hold office for a term of 3 years and may be reappointed only for 1 consecutive term.
| Article 10 (Dismissal of members) |
The Minister of Environment may dismiss a committee member who is not a public official in any of the following cases:
| 1. | Where the member is unable to continue to perform his or her duties due to a mental or physical disability; |
| 2. | Where the member is found to have committed irregularities in connection with his or her duties; |
| 3. | Where the member is deemed unsuitable as a member due to neglect of duties, loss of dignity, or any other reason; |
| 4. | Where the member voluntarily declares that he or she finds it is impracticable for him or her to perform the duties. |
| Article 11 (Duties of chairperson) |
If the chairperson of a committee (hereinafter referred to as the "chairperson") is unable to perform his or her duties due to any unavoidable cause, a member predesignated by the chairperson shall act on behalf of the chairperson.
| (1) | A chairperson shall convene meetings of a committee and preside over the meetings. |
| (2) | A chairperson shall convene a meeting in any of the following cases, unless there is a compelling reason not to do so: |
| 1. | Where the Minister of Trade, Industry and Energy requests the Minister of Environment to permit the establishment or modification of a place of business pursuant to the proviso of Article 16 of the Act; |
| 2. | Where the Minister of Trade, Industry and Energy requests the Minister of Environment to adjust the total emission allowances of business entities subject to total emission control pursuant to Article 21 (1) of the Act. |
| (3) | A majority of the members of a committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present. |
| (1) | A secretariat shall be established under the Ministry of Environment to handle business affairs of the committees pursuant to Article 12 (4) of the Act. |
| (2) | The staff of the secretariat shall be as follows: |
| 1. | A person appointed by the Minister of Environment from among public officials of the Ministry of Environment; |
| 2. | A person appointed by the Minister of Environment upon the recommendation of 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") from among public officials of the relevant City/Do; |
| 3. | Other public officials or employees dispatched by relevant administrative agencies or organizations. |
| (3) | The head of a river basin environmental office having jurisdiction over the relevant air control zone (excluding the head of the Han River Basin Environmental Office) or the head of the Metropolitan Air Quality Management Office shall serve as the head of the secretariat. |
| Article 14 (Delegation to working committees for air quality control by zone) |
If a committee intends to delegate part of its business affairs to a working committee for air quality control by zone under Article 13 (1) of the Act (hereinafter referred to as "working committee") pursuant to Article 13 (2) 2 of the Act, the committee shall adopt a resolution thereon.
| Article 15 (Composition of working committees) |
| (1) | The Vice Minister of Environment shall serve as the chairperson of a working committee (hereinafter referred to as the "working committee chairperson"), and the following persons shall serve as the members of a working committee: |
| 1. | A committee member commissioned by the Minister of Environment pursuant to Article 8 (2); |
| 2. | One public official in general service belonging to the Senior Executive Service or of Grade III or higher, each appointed by the head of the following agencies to which he or she belongs: the Ministry of Economy and Finance; the Ministry of Agriculture, Food and Rural Affairs; the Ministry of Trade, Industry and Energy; the Ministry of Land, Infrastructure and Transport; the Ministry of Oceans and Fisheries; the Ministry of SMEs and Startups; the Office for Government Policy Coordination; and the relevant City/Do; |
| 3. | One person, each designated by the Minister of Environment and the competent Mayor/Do Governor from among persons who belong to the National Institute of Environmental Research or the Health and Environment Research Institute of the relevant City/Do; |
| 4. | Up to 5 persons commissioned by the Minister of Agriculture, Food and Rural Affairs; the Minister of Trade, Industry and Energy; the Minister of Land, Infrastructure and Transport; the Minister of Oceans and Fisheries; and the Minister of SMEs and Startups from among experts with extensive expertise and knowledge in the field of air quality; |
| 5. | The head of the secretariat under Article 13 (3). |
| (2) | Each member of a working committee who is not a public official shall hold office for a term of 3 years and may be reappointed only for 1 consecutive term. |
| (3) | If a member of a working committee who is not a public official falls under any category specified in the subparagraphs of Article 10, a person who has commissioned or designated the relevant member may dismiss or withdraw such designation. |
| Article 16 (Convocation of working committees and quorum for resolution) |
| (1) | Meetings of a working committee shall be held once a year; provided, a special meeting may be held if the working committee chairperson deems it necessary. |
| (2) | A majority of the members of a working committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present. |
| Article 17 (Hearing opinions of public officials of relevant administrative agencies) |
If requested by a member of a committee or a working committee or if deemed necessary for deliberation, the relevant chairperson or working committee chairperson may require public officials of the relevant administrative agencies, experts, etc. to attend a meeting to hear their opinions.
| Article 18 (Allowances and travel expenses) |
Allowances may be paid and travel expenses may be reimbursed to a member, a public official of a relevant administrative agency, an expert, etc. who attend a meeting of a committee or a working committee within the budget; provided, this shall not apply where a public official attends a meeting of a committee or a working committee in direct connection with his or her duties.
| Article 19 (Operating rules) |
Except as provided in this Decree, matters necessary for the operation of a committee and a working committee shall be determined by the committee chairperson, after a resolution by the committee.
CHAPTER III TOTAL EMISSION CONTROL OF POLLUTANTS IN PLACES OF BUSINESS
| Article 20 (Criteria for emissions of persons required to obtain permission to establish places of business) |
"Emission limit prescribed by Presidential Decree" in the former part of Article 15 (1) of the Act means the emission limit specified in attached Table 2.
| Article 21 (Recording and keeping of calculation results) |
A business entity to whom total emission allowances are allocated pursuant to Article 17 (1) of the Act (hereinafter referred to as "business entity subject to total emission control") shall record and keep the results of calculation pursuant to paragraph (5) of that Article for 5 years.
| Article 22 (Installation and operation of measuring equipment) |
The types of measuring equipment, the methods of installing and managing such equipment, the methods of calculating emissions, etc. under Article 17 (5) of the Act shall be as specified in attached Table 3.
| Article 23 (Special cases regarding emission charges) |
| (3) | The special cases regarding emission charges, etc. under paragraphs (1) and (2) shall begin to apply from January 1 of the year in which the total annual emission allowances are allocated pursuant to Article 17 (1) of the Act. |
| Article 24 (Increase of total emission allowances for following year) |
| (1) | The total emission allowances that a business entity subject to total emission control may add to the total emission allowances for the following year pursuant to Article 20 (4) of the Act shall be as specified in attached Table 4. |
| (2) | If a business entity subject to total emission control intends to add the part of the total emission allowances for the relevant year, which remains unused, to those for the following year pursuant to paragraph (1), the entity shall submit the details thereof to the Minister of Environment by March 31 of the following year. |
| Article 25 (Adjustment of total emission allowances) |
"Reasons prescribed by Presidential Decree, such as the supply and demand of energy" in Article 21 (1) of the Act means the following: | 1. | Where it is necessary to facilitate the supply of energy and electricity; |
| 3. | Where it is necessary to manufacture or develop strategic items under the Foreign Trade Act. |
| Article 26 (Reduction of total emission allowances for following year) |
If a business entity subject to total emission control discharges pollutants subject to total emission control in excess of the total annual emission allowances, the Minister of Environment shall deduct the value calculated by multiplying the emissions in excess for the relevant year by the violation coefficient by number of violations specified in attached Table 5, from the total emission allowances for the following year pursuant to Article 21 (2) of the Act.
| Article 27 (Grant of collection expenses) |
The Minister of Environment shall grant an amount equivalent to 10/100 of the penalty surcharges for excess emissions (hereinafter referred to as "penalty surcharges") and additional dues under Article 22 (1) of the Act collected by a Mayor/Do Governor as collection expenses to the relevant Mayor/Do Governor by January 31 of the following year pursuant to the main clause of Article 22 (6) of the Act.
| Article 28 (Standards for calculation of penalty surcharges) |
An amount imposed on each 1 kilogram of pollutants, imposition coefficients by region, imposition coefficients by rate in excess of the total emission allowances, and imposition coefficients by number of violations under Article 23 (1) of the Act shall be as specified in attached Table 6.
| Article 29 (Notice of payment of penalty surcharges) |
| (1) | The Minister of Environment shall issue a notice of payment of a penalty surcharge calculated pursuant to Article 23 of the Act within 60 days from the date the grounds for imposition arise. |
| (2) | When the Minister of Environment issues a notice of payment of a penalty surcharge under paragraph (1), the Minister shall do so in writing, stating the quantity of pollutants subject to imposition, the amount imposed, the period and place of payment, and other necessary matters. In such cases, the period for such payment shall be 30 days from the date the notice is issued. |
CHAPTER IV CONTROL OF MOTOR VEHICLE EXHAUST EMISSIONS
| Article 30 (Diesel motor vehicles for business eligible for support) |
"Period prescribed by Presidential Decree" in Article 26 (5) 2 of the Act means 60 days per year.
| Article 31 (Awarding of air pollutant emission grades for motor vehicles) |
| (1) | Air pollutant emission grades for motor vehicles under subparagraph 1 of Article 30 of the Act shall be awarded based on the following: |
| 2. | The type of exhaust emissions from the relevant motor vehicle and the severity of harm to the environment. |
| (2) | Emission grades under paragraph (1) shall be awarded by type and by fuel of motor vehicles defined in subparagraph 13 of Article 2 of the Clean Air Conservation Act, respectively, and the detailed methods for awarding shall be determined and publicly notified by the Minister of Environment. |
| Article 32 (Quality grades of motor vehicle fuels) |
| (1) | Fuel quality grades under subparagraph 2 of Article 30 of the Act shall be classified into up to 5 grades based on the following: |
| 2. | The quantity of air pollutants contained in the relevant fuel and the severity of harm to the environment; |
| 3. | Air pollutant emissions from the use of the relevant fuel. |
| (2) | Matters regarding quality items, methods of evaluation by quality item, disclosure of the results of evaluation, etc. necessary for classification of the fuel quality grades under paragraph (1) shall be publicly notified by the Minister of Environment, in consultation with the heads of relevant central administrative agencies. |
CHAPTER V CONTROL OF EXHAUST EMISSIONS FROM CONSTRUCTION MACHINERY AND SHIPS
| Article 33 (Scope of public institutions) |
"Public institutions prescribed by Presidential Decree" in the provisions, with the exception of the subparagraphs, of Article 31 (2) of the Act means the following institutions:
| Article 34 (Regulation of small emission sources) |
| (1) | "Restriction of acts and installation of prevention facilities prescribed by Presidential Decree" in Article 34 of the Act means the following: |
| 1. | Prohibition of manufacturing, supplying, or selling heating equipment using wood as a fuel (excluding heating equipment that meets the certification standards determined and publicly notified by the Minister of Environment); |
| 2. | Installation of prevention facilities, such as volatile organic compound collection facilities, in places of business using organic solvents; |
| 3. | Installation of prevention facilities for small emission sources from which pollutants generated by combustion are directly emitted into the air. |
| (2) | Matters regarding the application for certification of heating equipment under paragraph (1) 1 and the procedures, methods, etc. for such certification shall be determined and publicly notified by the Minister of Environment. |
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 35 (Delegation and Entrustment of Authority or Business Affairs) |
| 1. | Permission to establish a place of business or permission to modify permitted matters under Article 15 (1) or the Act; |
| 2. | Acceptance of a report on modification under Article 15 (2) of the Act; |
| 3. | Acceptance of a report under the latter part of Article 15 (4) of the Act; |
| 4. | Allocation of the total emission allowances under Article 17 (1) of the Act and request for materials under paragraph (7) of that Article; |
| 5. | Receipt of objections and determination thereon under Article 18 of the Act (limited to objections to the allocation of the total emission allowances); |
| 6. | Adjustment of the total emission allowances under Article 21 (1) of the Act and reduction of the total emission allowances for the following year under paragraph (2) of that Article; |
| 7. | Imposition and collection of penalty surcharges under Article 22 (1) of the Act and additional charges under paragraph (3) of that Article; |
| 8. | Revocation of permission or permission for modification under Article 24 (1) of the Act and issuance of an order to close a place of business under paragraph (2) of that Article; |
| 9. | Issuance of an order to submit a report or materials, entry, collection, or inspections under Article 41 (1) 1 of the Act (limited to matters delegated pursuant to subparagraphs 1 through 8 of this paragraph); |
| 10. | Hearings under subparagraphs 1 and 2 of Article 42 of the Act; |
| 11. | Imposition and collection of administrative fines under Article 49 (2) of the Act (limited to matters related to subparagraph 9 of this paragraph) and under paragraph (3) 1 of that Article. |
| (2) | The Minister of Environment shall delegate the following authority to the head of a river basin environmental office, the head of a regional environmental office, or the head of the Metropolitan Air Quality Management Office (hereinafter referred to as the "head of a regional environmental government office") pursuant to Article 44 (1) of the Act; in such cases, the authority under subparagraphs 3 through 6, 9, and 10 shall be delegated to the head of a river basin environmental office (excluding the head of the Han River Basin Environmental Office) or the head of the Metropolitan Air Quality Management Office, and the authority under subparagraph 12 shall be delegated to the head of a river basin environmental office (excluding the head of the Han River Basin Environmental Office), the head of a regional environmental office, or the head of the Metropolitan Air Quality Management Office: |
| 1. | Conducting of a basic survey or request for submission of materials or for support under Article 7 (1) of the Act; |
| 2. | Conducting of a survey on the severity and causes of harm, etc. under Article 7 (3) of the Act; |
| 3. | Formulation and modification of master plans and preparation of reports on the outcomes of implementing master plans under Article 9 of the Act; |
| 4. | Approval of action plans and approval for modification thereto under Article 10 (1) of the Act; |
| 5. | Receipt of reports on the outcomes of implementing action plans under Article 10 (3) of the Act; |
| 6. | Request for the submission of improvement plans under Article 10 (4) of the Act; |
| 7. | Receipt of the results of calculating emissions under Article 17 (6) of the Act; |
| 8. | Receipt of objections and determination thereon under Article 18 of the Act (limited to objections raised on the results of calculating emissions); |
| 9. | Receipt of evidentiary documents regarding the transfer of the total emission allowances and verification of such documents under Article 20 (2) of the Act; |
| 11. | Conclusion of voluntary agreements, receipt of reports on results of implementation, and verification of such reports under Article 25 of the Act; |
| 12. | Calculation of fuel quality grades, evaluation by quality item, and disclosure of the results thereof under subparagraph 2 of Article 30 of the Act and Article 32 of this Decree; |
| 13. | Issuance of an order to submit a report or materials, entry, collection, or inspections under Article 41 (1) 1 of the Act (limited to matters delegated under subparagraphs 1 through 12 of this paragraph); |
| 14. | Imposition and collection of administrative fines under Article 49 (2) of the Act (limited to matters related to subparagraph 13 of this paragraph). |
| 1. | Measurement of air pollution levels, including fine dust, and disclosure of results thereof under Article 8 (1) of the Act; |
| 2. | Provision of technical support necessary for operating computer networks and installing and operating measuring equipment under Article 17 (9) of the Act; |
| 3. | Provision of technical support necessary for installing and operating prevention facilities under Article 39 (1) 2 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 44 (2) of the Act: |
| 1. | Certification of domestic boilers under Article 35 (1) of the Act and revocation of certification under paragraph (4) of that Article; |
| 2. | Inspection of domestic boilers under Article 36 of the Act; |
| 3. | Hearings under subparagraph 3 of Article 42 of the Act. |
| Article 36 (Supervision following delegation of authority) |
| (1) | Notwithstanding Article 35 (1) 9, the Minister of Environment may inspect a place of business established and operated by a business entity subject to total emission control (hereinafter referred to as "place of business subject to total emission control") or may authorize the head of a regional environmental government office to inspect the place of business subject to total emission control, to verify whether the place of business complies with the total emission allowances. |
| (2) | If the Minister of Environment or the head of a regional environmental government office discovers, as a result of an inspection conducted under paragraph (1), that a place of business subject to total emission control has violated any statute or regulation, he or she shall notify details thereof and his or her opinion on measures to be taken to the competent Mayor/Do Governor. |
| (3) | Upon receipt of a notice under paragraph (2), the Mayor/Do Governor shall take measures accordingly and notify the results thereof to the Minister of Environment or the head of the relevant regional environmental government office. |
If a Mayor/Do Governor or the head of a regional environmental government office has handled business affairs delegated pursuant to Article 44 (1) of the Act, he or she shall notify or report the details thereof to the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment.
| Article 38 (Re-examination of regulation) |
| (1) | The Minister of Environment shall examine the appropriateness of the following matters every 5 years, counting from each base date specified in the relevant subparagraphs (referring to the period that ends on the day before January 1 of every 5th anniversary) and shall take measures, such as making improvements: |
| 1. | Air control zones under Article 2 and attached Table 1: January 1, 2020; |
| 2. | Criteria for emissions of persons required to obtain permission to establish places of business under Article 20 and attached Table 2: January 1, 2020. |
| (2) | The Minister of Environment shall examine the appropriateness of the following matters every 3 years, counting from each base date specified in the relevant subparagraphs (referring to the period that ends on the day before January 1 of every 3rd anniversary) and shall take measures, such as making improvements: |
| 1. | Installation, operation, etc. of measuring equipment under Article 22 and attached Table 3: January 1, 2020; |
| 2. | Standards for calculation of penalty surcharges under Article 28 and attached Table 6: January 1, 2020; |
| 3. | Regulation of small emission sources under Article 34: January 1, 2020. |
CHAPTER VII PENALTY PROVISIONS
| Article 39 (Criteria for imposing administrative fines) |
The criteria for imposing administrative fines under Article 49 (1) through (3) of the Act shall be as specified in attached Table 7.
ADDENDA <Presidential Decree No. 30591, Mar. 31, 2020>
Article 1 (Enforcement date)
This Decree shall enter into force on April 3, 2020.
Article 2 (Repeal of other statutes or regulations)
Article 3 (Special Cases regarding facilities subject to installation of measuring equipment)
Notwithstanding subparagraph 3 (a) of attached Table 3, a business entity subject to total emission control that has obtained permission to establish a place of business under Article 14 of the previous Special Act on the Improvement of Air Quality in Seoul Metropolitan Area as at the time this Decree enters into force and is required to newly install an automatic chimney measuring equipment and a fuel flow meter pursuant to subparagraph 1 (a) and (b) of that Table shall install the relevant measuring equipment within 1 year after this Decree enters into force. Article 4 (General transitional measures regarding dispositions)
Article 6 (Relationships to other statutes or regulations)
ADDENDA <Presidential Decree No. 31931, Aug. 6, 2021>
Article 1 (Enforcement date)
This Decree shall enter into force on August 9, 2021.
ADDENDA <Presidential Decree No. 32621, May 3, 2022>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 33192, Dec. 30, 2022>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to administrative dispositions, penalty surcharges, or administrative fines)
The amended provisions of Articles 1 through 18 shall also apply where administrative dispositions are made or penalty surcharges or administrative fines are imposed after this Decree enters into force for violations committed before this Decree enters into force.
ADDENDUM <Presidential Decree No. 34046, Dec. 26, 2023>
This Decree shall enter into force on January 1, 2024; provided, the amended provisions of the regional classification column for the central zone in attached Table 1 shall enter into force on January 18, 2024.