The purpose of this Decree is to prescribe matters mandated by the Act on the Promotion of Purchase of Green Products and matters necessary for the enforcement thereof. [This Article Wholly Amended on Jul. 31, 2012]
| Article 2 (Scope of public institutions) |
"Public institutions prescribed by Presidential Decree" in subparagraph 2 of Article 2 of the Act on the Promotion of Purchase of Green Products (hereinafter referred to as the "Act") means the following institutions: <Amended on Sep. 24, 2014; Mar. 30, 2015> | 1. | Any of the following institutions established by the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province: |
[This Article Wholly Amended on Jul. 31, 2012]
| Article 3 (Notification of master plans to promote purchase of green products) |
| (1) | When the Minister of Environment formulates a master plan to promote the purchase of green products under Article 4 (1) of the Act (hereinafter referred to as "master plan"), the Minister shall notify the heads of public institutions and the head of the Korea Environmental Industry and Technology Institute established under the Korea Environmental Industry and Technology Institute Act (hereinafter referred to as the "Technology Institute") of the plan. <Amended on Nov. 29, 2016> |
| (2) | Upon receipt of notification of a master plan pursuant to paragraph (1), the head of a public institution shall reflect such plan in formulating an implementation plan to purchase green products under Article 8 (1) of the Act (hereinafter referred to as "implementation plan to purchase green products"). |
[This Article Wholly Amended on Jul. 31, 2012]
| Article 4 Deleted. <Sep. 30, 2011> |
| Article 5 Deleted. <Sep. 30, 2011> |
| Article 6 Deleted. <Sep. 30, 2011> |
| Article 7 Deleted. <Sep. 30, 2011> |
| Article 8 (Documentation of grounds for exceptions to purchase obligations) |
If the head of a public institution is unable to purchase green products due to any ground specified in the subparagraphs of Article 6 of the Act, the head shall document the grounds therefor in accordance with the guidelines for the purchase of green products under Article 9. [This Article Wholly Amended on Jul. 31, 2012]
| Article 8-2 (Duties of officers in charge of purchasing green products) |
| (1) | The duties of an officer in charge of purchasing green products under Article 6-2 of the Act shall be as follows: |
| 1. | Verifying whether products to be purchased pursuant to the main clause, with the exception of the subparagraphs, of Article 6 of the Act, fall under the category of green products; |
| 2. | Verifying cases of the inability to purchase green products due to any ground specified in the subparagraphs of Article 6 of the Act; |
| 3. | Review of the appropriateness of an implementation plan to purchase green products under Article 8 (1) of the Act; |
| 4. | Verification of the green product purchase records under Article 9 (1) of the Act; |
| 5. | Collection and analysis of materials on the actual condition, etc. of technological development, production, and sale of green products; |
| 6. | Education, publicity, and training of human resources to support the green product purchase system; |
| 7. | Other duties determined by the head of a public institution to efficiently fulfill the obligation to purchase green products. |
| (2) | An officer in charge of purchasing green products who may be designated by the head of a public institution pursuant to Article 6-2 (1) of the Act shall be as follows: |
| 3. | An institution, other than State agencies and local governments: The head of a department in charge of contracts for goods, construction works, or services. |
[This Article Newly Inserted on Mar. 18, 2014]
| Article 9 (Guidelines for purchase of green products) |
The guidelines for the purchase of green products under Article 7 of the Act shall include the following: | 1. | Information on green products; |
| 2. | Matters regarding the formulation, implementation, and publication of an implementation plan to purchase green products; |
| 3. | Matters regarding the compilation and publication of green product purchase records; |
| 4. | Matters regarding the improvement of systems to promote the purchase of green products; |
| 5. | Other matters necessary to promote the purchase of green products. |
[This Article Wholly Amended on Jul. 31, 2012]
| Article 10 (Implementation plans to purchase green products) |
An implementation plan to purchase green products shall include the following:
| 1. | The items of green products to be purchased and the amount allocated for such purchase; |
| 2. | Other matters the head of a public institution deems necessary to promote the purchase of green products. |
[This Article Wholly Amended on Jul. 31, 2012]
| Article 11 (Green product purchase records) |
Green product purchase records under Article 9 of the Act shall include the following: | 1. | The amount of green products purchased by item and the total amount; |
| 2. | The green product purchase records in comparison with the implementation plan to purchase green products; |
| 3. | Other matters the head of a public institution deems necessary. |
[This Article Wholly Amended on Jul. 31, 2012]
| Article 11-2 (Cases subject to verification of grounds for increase or decrease in purchase records) |
"Increase or decrease by at least the rate prescribed by Presidential Decree" in Article 9 (2) of the Act means where the green product purchase records increase by at least 50 percent or decrease by at least 30 percent compared with those of the preceding year. [This Article Wholly Amended on Jul. 31, 2012]
| Article 12 (Provision of information on green products) |
| (1) | If the Minister of Environment provides information on green products pursuant to Article 14-2 (3) of the Act, the Minister shall manage such information to ensure its appropriateness and up-to-dateness. |
| (2) | If the Minister of Environment provides information under paragraph (1), the Minister may compile it into a collection of information on green products or any other similar format and distribute it to public institutions and other relevant entities. |
[This Article Wholly Amended on Jul. 31, 2012]
| Article 12-2 (Types of, and procedures for, awards) |
| (1) | The types of awards under Article 15 (2) of the Act shall be as follows: |
| 1. | Grand prize for green products; |
| 2. | Prize in the category of excellent green products (production, distribution, purchase, etc.). |
| (2) | The Minister of Environment and the Minister of Trade, Industry and Energy shall determine matters regarding the criteria for granting awards, methods and procedures for selecting winners, and other relevant details under Article 15 (2) of the Act and shall publicly announce them by the end of February of each year. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Jul. 31, 2012]
| Article 13 (Education to promote purchase of green products) |
| (1) | If the Minister of Environment intends to provide education to promote the purchase of green products pursuant to Article 17 of the Act, the Minister shall formulate an education plan and notify the heads of public institutions thereof. |
| (2) | Upon receipt of notification regarding an education plan under paragraph (1), the head of a public institution shall cooperate to ensure that his or her employees receive the relevant education. |
[This Article Wholly Amended on Jul. 31, 2012]
| Article 13-2 (Designation of professional human resources training institutions) |
| (1) | If the Minister of Environment intends to designate a professional human resources training institution related to the production and distribution of green products pursuant to Article 17-2 of the Act, the Minister shall consider the following: |
| 1. | The curricula and details of education; |
| 2. | Educational facilities and equipment; |
| 3. | The current status of, or a plan for securing, professional teaching personnel; |
| 4. | A financing plan for operating expenses. |
| (2) | When the Minister of Environment designates a professional human resources training institution pursuant to paragraph (1), the Minister shall issue a certificate of designation, as prescribed by Ordinance of the Ministry of Environment. |
[This Article Wholly Amended on Jul. 31, 2012]
| Article 13-3 (Requirements for establishment of green purchase support centers and evaluation methods) |
| (1) | The requirements for the establishment of a green purchase support center under Article 17-3 (1) of the Act (hereinafter referred to as "support center") shall be as follows: |
| 1. | It shall secure office space, including educational facilities, necessary to conduct the projects specified in the subparagraphs of Article 17-3 (2) of the Act; |
| 2. | It shall secure professional human resources related to green products that are suitable for conducting the projects specified in the subparagraphs of Article 17-3 (2) of the Act. |
| (2) | The Minister of Environment shall evaluate a support center according to the following classifications: |
| 1. | Regular evaluation: An annual evaluation of the business performance, etc. of a support center for the preceding year; provided, a support center subject to a comprehensive evaluation under subparagraph 2 shall be exempted from a regular evaluation for the relevant year; |
| 2. | Comprehensive evaluation: A triennial evaluation of the operational status of the support center. |
| (3) | If the Minister of Environment intends to conduct an evaluation under paragraph (2), the Minister shall provide prior notification of the criteria, timing, etc. for the evaluation to a support center subject to evaluation. |
| (4) | The Minister of Environment may notify the head of a local government that establishes and operates the relevant support center of the results of evaluation under paragraph (2). |
| (5) | The Minister of Environment may take measures, such as suspending or reducing support under Article 17-3 (2) of the Act, against a support center deemed to have poor business performance based on the results of an evaluation conducted under paragraph (2). |
| (6) | The Minister of Environment or the head of a local government may request that a support center submit necessary materials for the evaluation under paragraph (2) or for the efficient operation and management of the support center, as prescribed by Ordinance of the Ministry of Environment. |
[This Article Wholly Amended on Jul. 31, 2012]
| Article 13-4 (Procedures for gratuitous lending, use, or profit-making of public property) |
| (1) | The period of gratuitous lending, use, or profit-making of public property under Article 17-3 (4) of the Act shall not exceed 5 years. In such cases, upon expiration of the period, it may be extended, with each extension not exceeding 5 years. |
[This Article Newly Inserted on Jul. 31, 2012]
| Article 14 (Establishment and operation of sales places for green products) |
| (2) | “Integrated distribution center for agricultural and fishery products ..., the size of which is not less than the size prescribed by Presidential Decree” in Article 18 (1) of the Act means an integrated distribution center for agricultural and fishery products, with a total size of at least 3,000 square meters, excluding places where neighborhood living facilities are installed. |
| (3) | The size of a sales place under Article 18 (2) of the Act shall be at least 10 square meters. |
| (4) | A business entity that establishes and operates a sales place for green products under Article 18 (1) of the Act shall endeavor to promote such place, such as publicizing green products and formulating an operational plan for the place. |
| (5) | Matters necessary for the establishment, operation, etc. of sales places for of green product, such as methods of calculating the scale of sales places under paragraph (3), shall be determined and publicly notified by the Minister of Environment. |
[This Article Wholly Amended on Jul. 31, 2012]
| Article 14-2 (Stores eligible to be designated as green stores) |
“Store prescribed by Presidential Decree, such as a store, etc. installed and operated by a consumer cooperative association established under Article 21 of the Consumer Cooperatives Act” in Article 18 (3) of the Act means the following stores: | 3. | A store established and operated by a general retailer focusing on food and beverage products, as classified in the Korea Standard Industrial Classification publicly notified by the Commissioner of the Statistics Korea pursuant to Article 22 (1) of the Statistics Act, for the sale of green products. |
[This Article Newly Inserted on Jul. 31, 2012]
| Article 15 (Delegation and entrustment of authority) |
The Minister of Environment shall entrust the Technology Institute with the following business affairs pursuant to Article 19 (2) of the Act: | 1. | Receipt of purchase records submitted by the head of a public institution pursuant to Article 9 (1) of the Act; |
| 2. | Provision of information on green products under Article 14-2 (3) of the Act; |
| 3. | Education for persons in charge of purchasing in public institutions under Article 17 of the Act; |
| 4. | Deleted; <Mar. 30, 2015> |
| 5. | Deleted; <Mar. 30, 2015> |
| 6. | Designation of green stores under Article 18 (3) of the Act; |
| 7. | Management of information and provision of a collection of information under Article 12. |
[This Article Wholly Amended on Jul. 31, 2012]
| Article 16 (Criteria for imposition of administrative fines) |
The criteria for the imposition of administrative fines under Article 20 (2) of the Act shall be as specified in attached Table 2. [This Article Wholly Amended on Jul. 31, 2012]
ADDENDA <Presidential Decree No. 18863, Jun. 13, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2005.
ADDENDUM <Presidential Decree No. 19970, Mar. 27, 2007>
This Decree shall enter into force on March 28, 2007.
ADDENDA <Presidential Decree No. 20680, Feb. 29, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 21011, Sep. 18, 2008>
This Decree shall enter into force on September 22, 2008.
ADDENDA <Presidential Decree No. 23195, Sep. 30, 2011>
Article 1 (Enforcement date)
This Decree shall enter into force on October 6, 2011.
Article 2 (Transitional measures following amendments to other statutes)
ADDENDA <Presidential Decree No. 23998, Jul. 31, 2012>
Article 1 (Enforcement date)
This Decree shall enter into force on August 2, 2012.
Article 2 (Transitional measures regarding administrative fines)
Notwithstanding the amended provisions of attached Table 2, the previous provisions shall govern the application of the criteria for the imposition of administrative fines for any violation committed before this Decree enters into force.
ADDENDA <Presidential Decree No. 24451, Mar. 23, 2013>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 25261, Mar. 18, 2014>
This Decree shall enter into force on March 31, 2014.
ADDENDA <Presidential Decree No. 25621, Sep. 24, 2014>
Article 1 (Enforcement date)
This Decree shall enter into force on September 25, 2014.
ADDENDUM <Presidential Decree No. 26171, Mar. 30, 2015>
This Decree shall enter into force on April 1, 2015.
ADDENDA <Presidential Decree No. 27636, Nov. 29, 2016>
Article 1 (Enforcement date)
This Decree shall enter into force on December 2, 2016.
ADDENDUM <Presidential Decree No. 34232, Feb. 20, 2024>
This Decree shall enter into force on January 1, 2025; provided, the amended provisions of subparagraph 1 of attached Table 2 shall enter into force on the date of the promulgation.