ACT ON ENVIRONMENTAL DISPUTE MEDIATION AND ENVIRONMENTAL DAMAGE REMEDY
Wholly Amended by Act No. 5393, Aug. 28, 1997
Amended by Act No. 6831, Dec. 26, 2002
Act No. 7428, Mar. 31, 2005
Act No. 7796, Dec. 29, 2005
Act No. 7919, Mar. 24, 2006
Act No. 8955, Mar. 21, 2008
Act No. 10615, Apr. 28, 2011
Act No. 11267, Feb. 1, 2012
Act No. 13602, Dec. 22, 2015
Act No. 15846, Oct. 16, 2018
Act No. 17985, Apr. 1, 2021
Act No. 20385, Mar. 19, 2024
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to conserve the environment and provide relief for damage to the health and property of citizens by prescribing the procedures, etc. for health damage investigations, environmental dispute resolution, and determinations on the payment of relief benefits, thereby ensuring prompt, fair, and efficient addressing of environmental damage.
The terms used in this Act are defined as follows:
| 1. | The term "environmental damage" means damage to health, property, or mental well-being caused by air pollution, water pollution, soil pollution, marine pollution, noise or vibration, malodor, destruction of natural ecosystems, obstruction of sunlight or air circulation, impediment of view, light pollution caused by artificial lighting, changes in groundwater levels or flow paths, changes in river water levels, chemical spills or exposure, exposure to biocidal products, and any other cause prescribed by Presidential Decree, which have occurred or are expected to occur as a result of business activities or other human activities; provided, damage caused by radioactive contamination shall be excluded; |
| 4. | The term "resolution" means facilitation, mediation, adjudication, or arbitration in relation to environmental disputes; |
| 5. | The term "environmental dispute involving multiple persons" means an environmental dispute in which multiple persons claim to have suffered environmental damage caused by the same source; |
| Article 3 (Principle of good faith) |
An environmental dispute resolution and damage relief committee under Article 4 shall endeavor to ensure that the procedures for health damage investigations, environmental dispute resolution, and determinations on the payment of relief benefits are conducted promptly, fairly, and cost-effectively; and the parties involved in such procedures shall participate in good faith based on mutual trust and understanding.
CHAPTER II ENVIRONMENTAL DISPUTE RESOLUTION AND DAMAGE RELIEF COMMISSION AND COMMITTEES
SECTION 1 Common provisions
| Article 4 (Establishment of environmental dispute resolution and damage relief committees) |
| (1) | In order to administer the business affairs specified in Article 5, an environmental dispute resolution and damage relief committee shall be established under the Ministry of Environment, as well as under the Special Metropolitan City and each Metropolitan City, Special Self-Governing City, Do, and Special Self-Governing Province (hereinafter referred to as "City/Do"). In such cases, the committee under the Ministry shall be referred to as the Office of National Environmental Dispute Resolution and Damage Relief Commission (hereinafter referred to as the "National Commission") and the committees under Cities/Dos shall be referred to as regional environmental dispute resolution and damage relief committees (hereinafter referred to as "regional committees"). |
| (2) | Environmental dispute resolution and damage relief committees under paragraph (1) (hereinafter referred to as the “Commission and/or committees”) shall independently perform their functions within their authority. |
| Article 5 (Business affairs under jurisdiction of Commission or committees) |
The Commission or a committee shall have jurisdiction over the following business affairs:
| 1. | Health damage investigations; |
| 2. | Resolution of environmental disputes; provided, resolution of any of the following disputes shall apply only to cases prescribed in the relevant items: |
| a. | Disputes related to obstruction of sunlight and impediment of view due to construction defined in Article 2 (1) 8 of the Building Act: Where such disputes are combined with other disputes caused by the relevant construction; |
| b. | Disputes related to changes in groundwater levels or flow paths: Where such disputes are caused by construction works or operations (excluding those conducted for development and use of groundwater under the Groundwater Act); |
| d. | Environmental disputes related to chemical spills or exposure: Where such disputes are caused by damage from hazardous substances defined in subparagraph 7 of Article 2 of the Chemical Substances Control Act or by chemical accidents defined in subparagraph 13 of that Article; |
| 4. | Investigation, analysis, and counseling regarding civil petitions related to environmental damage; |
| 5. | Research on, and proposals for, systems and policies for the prevention and remediation of environmental damage; |
| 6. | Education, publicity, and financial and technical support related to the prevention and relief of environmental damage; |
| 7. | Other matters under the jurisdiction of the Commission or committee as prescribed by statutes or regulations. |
| (1) | The National Commission shall have jurisdiction over the following: |
| 1. | Health damage investigations; provided, health damage investigations, etc., under Article 27 shall be limited to the following cases: |
| a. | Where an investigation is required across 2 or more Cities/Dos; |
| b. | Where a State agency or local government is a directly interested party; |
| c. | Where the subject of an investigation is a place of business which is established or operated with permission, etc. from the Minister of Environment or 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"); |
| d. | Where the handling of petitions by a regional committee is deemed insufficient; |
| e. | Other cases where the National Commission deems an investigation necessary, except for those specified in paragraph (2) 3; |
| 2. | The following business affairs related to the resolution of environmental disputes: |
| a. | Adjudication (excluding adjudication under item e) and arbitration of environmental disputes; |
| b. | Resolution of environmental disputes in which the State or a local government is a party; |
| c. | Resolution of environmental disputes extending across the jurisdiction of 2 or more Cities/Dos; |
| e. | A causation adjudication under subparagraph 1 of Article 56 and the resolution of environmental disputes filed after a causation adjudication is issued under Article 63 (2); |
| f. | Other resolution of environmental disputes prescribed by Presidential Decree; |
| 3. | Recognition of damage, examination of applications, etc. for relief benefits, and deliberation, determination, and adjudication, etc. of re-examination of such applications under subparagraph 3 of Article 5. |
| (2) | A regional committee shall have jurisdiction over the following: |
| 1. | Business affairs, other than those specified in paragraph (1) 2 b through f, among the business affairs related to the resolution of disputes arising within the jurisdiction of the relevant City/Do; provided, in the case of paragraph (1) 2 a, only adjudication and arbitration of disputes prescribed by Presidential Decree shall fall under the jurisdiction of the regional committee, excluding disputes caused by obstruction of sunlight or air circulation, impediment of view, chemical spills or exposure, or exposure to biocidal products; |
| 2. | Investigations into health damage, etc., under Article 26; |
| 3. | Business affairs related to investigations into health damage, etc. under Article 27, which fall under the jurisdiction but are not specified in the items of paragraph (1) 1. |
| Article 7 (Transfer of business affairs under jurisdiction) |
| (1) | If a case related to a health damage investigation or environmental dispute resolution has been filed with the National Commission or a regional committee but under the jurisdiction of another committee, the case shall be transferred without delay to the competent committee. The same shall apply even if the case is found to fall under the jurisdiction of another committee after the commencement of an investigation following the filing. |
| (2) | A case related to a health damage investigation or environmental dispute resolution that has been transferred under paragraph (1) shall be deemed to have been filed with the competent committee from the beginning. |
| (3) | If the National Commission or a regional committee transfer a case related to a health damage investigation or environmental dispute resolution under paragraph (1), it shall notify the relevant parties of such transfer without delay. |
| Article 8 (Composition of Commission or committees) |
| (1) | The National Commission shall consist of up to 100 members, including 1 chairperson, up to 3 of whom shall serve as full-time members. |
| (2) | A regional committee shall consist of up to 30 members, including 1 chairperson, and may have 1 full-time member. |
| (3) | Each member of the Commission or a committee shall hold office for a term of 2 years and may be appointed consecutively for further terms. |
| (4) | A member commissioned under Article 9 (1) whose term has expired shall continue to perform his or her duties until a successor is commissioned. |
| Article 9 (Appointment and commissioning of members of Commission or committees) |
| (1) | The members of the National Commission, including its chairperson, shall be appointed or commissioned by the President upon the recommendation of the Minister of Environment from any of the following persons; in such cases, at least 6 persons falling under the category specified in subparagraph 2 shall be included: |
| 1. | A person who has served for at least 3 years as a public official in a position equivalent to Grade I through Grade III or as a public official belonging to the Senior Executive Service; |
| 2. | A person who has served for at least 6 years as a judge, prosecutor, or attorney-at-law; |
| 3. | A person who has held a position equivalent to or higher than associate professor at a school specified in the subparagraphs of Article 2 of the Higher Education Act or at a research institute; |
| 6. | A public official in general service belonging to the Senior Executive Service in the Ministry of Environment or the National Institute of Environmental Research, who is in charge of environmental health affairs; |
| 7. | A person who has engaged in environmental affairs for at least 10 years; |
| 8. | A person with extensive knowledge of, and experience in, the fields of environmental health, environmental disputes, or environmental damage relief, or other relevant fields. |
| (2) | The chairperson of the National Commission shall be a public official in general service belonging to the Senior Executive Service and shall be appointed as a public official in a fixed term position under Article 26-5 of the State Public Officials Act. |
| (3) | Members of a regional committee shall be appointed or commissioned by the competent Mayor/Do Governor from among persons specified in any subparagraph of paragraph (1). In such cases, at least 3 persons falling under the category specified in paragraph (1) 2 shall be included. |
| (4) | The chairperson of a regional committee shall be appointed by the competent Mayor/Do Governor, from among the Vice Mayors or Vice Governors. |
| Article 10 (Duties of chairpersons) |
| (1) | The chairperson of the Commission or a committee shall represent the Commission or the committee and administer its overall affairs. |
| (2) | If the chairperson of the Commission or a committee is unable to perform his or her duties due to any unavoidable cause, a member predesignated by the chairperson from among its members shall perform the duties on behalf of the chairperson. |
| Article 11 (Grounds for disqualification) |
Any of the following persons shall be disqualified from serving as a member of the Commission or a committee:
| 1. | A person under adult guardianship, a person under limited guardianship, or a person declared bankrupt and not yet reinstated; |
| 2. | A person for whom 2 years have not elapsed since his or her imprisonment without labor or heavier punishment declared by a court was complete (including where the execution of such sentence is deemed complete) or exempted; |
| 3. | A person under the suspension of the execution of imprisonment without labor or heavier punishment declared by a court; |
| 4. | A person whose qualification has been suspended by court decision or by statutes. |
| Article 12 (Security of tenure) |
| (1) | Members of the Commission or a committee shall perform their duties independently. |
| (2) | Members of the Commission or a committee shall not be dismissed or decommissioned against their will, except in any of the following cases: |
| 1. | Where a member falls under any category specified in the subparagraphs of Article 11; |
| 2. | Where a member becomes unable to perform his or her duties due to prolonged mental or physical infirmity; |
| 3. | Where a member is involved in misconduct related to his or her duties or in any misconduct deemed inappropriate for continued service as a member. |
| Article 13 (Expert members) |
| (2) | An expert member under paragraph (1) shall be commissioned by the chairperson of the competent Commission or committee. |
| (3) | Matters necessary for the composition, duties, operation, and other relevant details of expert members shall be prescribed by the rules of the competent Commission or committee. |
| Article 14 (Administrative body) |
| (1) | To handle the business affairs of the Commission and committees, an administrative body shall be established in the National Commission, and a secretariat may be established in each regional committee. |
| (2) | Investigators shall be assigned to the administrative body and secretariats to handle the following business affairs: |
| 1. | Fact-finding and determination of causal relationships; |
| 2. | Research and development related to environmental dispute resolution, decisions on the payment of environmental damage relief benefits (applicable only to the National Commission), and health damage investigations; |
| 3. | Other matters designated by the chairperson of the competent Commission or committee. |
| (3) | The National Commission may operate an electronic civil petition window under Article 12-2 of the Civil Petitions Treatment Act, to process applications for health damage investigations, dispute resolution, and decisions on the payment of relief benefits. |
| (4) | Among the matters specified in paragraphs (1) through (3), matters necessary for the organization and operation of the administrative body and secretariats shall be prescribed by Presidential Decree and municipal ordinance, while matters necessary for the qualifications, roles, and other relevant aspects of investigators shall be prescribed by Presidential Decree. |
| Article 15 (Composition of plenary session of National Commission) |
| (1) | The National Commission shall have a plenary session consisting of all members of the Commission to handle the following: |
| 1. | Decisions on general matters, such as the operation of the Commission or a committee; |
| 2. | Enactment of the rules of the National Commission under Article 25; |
| 3. | Decisions to initiate ex officio mediation under Article 46. |
| (2) | The chairperson of the National Commission shall serve as the chairperson of the plenary session and shall convene a meeting of the session in any of the following cases: |
| 1. | Where a majority of the members request the convening of a meeting by presenting an agenda item to be discussed; |
| 2. | Where the chairperson deems it necessary. |
| (3) | A majority of the members shall constitute a quorum for the plenary session, and any resolution thereof shall require the concurring vote of a majority of those present. |
| (4) | Other details regarding the composition and operation of the plenary session shall be prescribed by Presidential Decree. |
| Article 16 (Subcommittees) |
| (1) | The Commission and a committee shall establish a health damage investigation subcommittee, an environmental damage relief subcommittee, and an environmental damage relief re-examination subcommittee (only applicable to the National Commission, in cases of a subcommittee handling decisions on the payment of relief benefits) to ensure the professional and efficient performance of health damage investigations and decisions on the payment of relief benefits, and may establish an additional subcommittee (hereinafter referred to as "subcommittee"), as prescribed by Presidential Decree, if necessary for other business affairs. |
| (2) | The chairperson of the Commission or a committee shall organize a subcommittee consisting of at least 9 but not more than 20 members, in consultation with the chairperson of the subcommittee. In such cases, at least 1 person falling under the category specified in Article 9 (1) 6 shall be included. |
| (3) | The chairperson of a subcommittee is appointed by the chairperson of the competent Commission or committee from among the full-time members or persons falling under the category specified in Article 9 (1) 6, and the chairperson of the subcommittee convenes and presides over meetings of the subcommittee. |
| (4) | An environmental damage relief re-examination subcommittee shall deliberate and resolve on applications for the payment of relief benefits for which re-examination has been requested and shall be composed under paragraphs (1) through (3). In such cases, the chairperson of the competent Commission or committee shall serve as the chairperson of the subcommittee. |
| (5) | A majority of the constituent members of a subcommittee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present. |
| (6) | The resolution of a subcommittee shall be deemed the resolution of the competent Commission or committee. |
| (7) | Other matters necessary for the composition, functions, operation, and other relevant details of subcommittees shall be prescribed by Presidential Decree. |
| Article 17 (Presiding members) |
If deemed necessary for the efficient operation of the Commission or a committee, its chairperson may designate a presiding member from among the members of a relevant subcommittee or a mediation, arbitration, or adjudication committee under Chapter IV, to oversee business affairs related to health damage investigations, environmental dispute resolution, and decisions on the payment of environmental damage relief benefits.
| Article 18 (Service of resolution results) |
| (1) | The Commission or a committee shall, without delay, serve the parties with the result of its resolution or other relevant actions in writing. In such cases, the service shall take effect on the date the written decision or any other relevant document is received. |
| (2) | Matters necessary for the methods and procedures for service under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 19 (Service by publication) |
| (1) | If a person to be served with a document or any other relevant material falls under any of the following categories, the competent Commission or committee may effect service by publication: |
| 1. | Where the address is unclear; |
| 2. | Where the address is overseas or cannot be verified by ordinary means, making service impracticable; |
| 3. | Where service by registered mail or a similar method has been returned, confirming that the intended recipient could not be located. |
| (2) | Service by publication under paragraph (1) shall be made by posting it on the bulletin board or the website of the competent Commission or committee. |
| (3) | Service by publication shall take effect 14 days after the date of posting under paragraph (2). |
| (4) | Matters necessary for the requirements for service by publication under paragraph (1) and the methods and procedures for such service under paragraph (2) shall be prescribed by Presidential Decree. |
| Article 20 (Reporting and hearing of opinions) |
| Article 21 (Nondisclosure of procedures) |
Except as otherwise provided in this Act, procedures conducted by the Commission or a committee for health damage investigations, environmental dispute resolution, and decisions on the payment of environmental damage relief benefits must not be disclosed to the public.
| Article 22 (Exclusion of, challenge to, or recusal of, members) |
| (1) | A member of the Commission or a committee shall be excluded from performing his or her duties in any of the following cases: |
| 1. | Where the member or the current or former spouse of the member is a party to an application for the relevant health damage investigation, environmental dispute resolution, and decision on the payment of environmental damage relief benefits or is a co-obligee or co-obligor of a party to such application; |
| 2. | Where the member is or was a relative of a party to an application for the relevant health damage investigation, environmental dispute resolution, and decision on the payment of environmental damage relief benefits; |
| 3. | Where the member has provided a statement or conducted appraisal with respect to an application for the relevant health damage investigation, environmental dispute resolution, and decision on the payment of environmental damage relief benefits; |
| 4. | Where the member or a corporation, organization, or law firm to which the member belongs is or was involved in the relevant affairs as an agent of a party; |
| 5. | Where the member has been involved in the disposition or omission that caused an application for the relevant health damage investigation, environmental dispute resolution, and decision on the payment of environmental damage relief benefits; |
| 6. | Where a case involving an objection to the result of deliberation on the payment of relief benefits, in which the member participated, has been submitted to the relevant environmental damage relief re-examination subcommittee. |
| (2) | If a cause of exclusion exists, the competent Commission or committee shall decide on exclusion ex officio or upon motion by a party. |
| (3) | If the circumstances indicate that it would be impracticable to expect fair performance of duties by a member, any party may file a motion for challenge to the member with the competent Commission or committee, which shall decide on challenge if the motion is deemed reasonable. |
| (4) | In cases falling under the categories specified in paragraph (1) or (3), a member shall recuse himself or herself from performing duties related to the relevant health damage investigation, environmental dispute resolution, and decision on the payment of environmental damage relief benefits. |
| (5) | Upon receipt of a motion for challenge under paragraph (3), the competent Commission or committee shall suspend the relevant procedures until a decision is rendered on the motion. |
| Article 23 (Request for cooperation from relevant agencies) |
| (1) | If deemed necessary for health damage investigations, environmental dispute resolution, decisions on the payment of environmental damage relief benefits, and other relevant activities, the Commission or a committee may request the head of a relevant administrative agency to submit materials prescribed by Presidential Decree, such as resident registration, family relations registration, medical records, or health insurance data, or opinions, and to offer necessary cooperation, including the provision of technical knowledge or the measurement and analysis of environmental pollutants. |
| (2) | If deemed necessary for the removal or prevention of environmental damage during the resolution of an environmental dispute, the Commission or a committee may recommend that the head of a relevant administrative agency take necessary administrative measures against a person causing the environmental damage, such as issuing a corrective order or an order to suspend operations or construction work or may notify such head of its opinion on corrective measures for environmental conservation and prevention of environmental damage. |
| (3) | Upon completion of health damage investigations under Article 26 or 27, the competent Commission or committee shall notify the head of the relevant administrative agency of the results. |
| (4) | At the request of a regional committee or if deemed necessary, the National Commission may request the Minister of Environment to recommend that the head of a relevant administrative agency establish and implement measures for the appropriate management of the causes of environmental damage defined in subparagraph 1 of Article 2. |
| (5) | Upon receipt of a request for cooperation or recommendation under paragraphs (1) and (2), the head of the relevant administrative agency shall comply therewith unless there is good cause. |
| Article 24 (Referral procedures) |
| (1) | Upon examining the purport and details of an application for a health damage investigation, environmental dispute resolution, or a decision on the payment of relief benefits and if deemed necessary, a subcommittee or a mediation, adjudication, or arbitration committee under Chapter IV may, after hearing the opinion of the applicant and as prescribed by Presidential Decree, refer the application to another subcommittee or to another mediation, adjudication, or arbitration committee for handling the application. In such cases, an application referred to a health damage investigation subcommittee shall be deemed a petition for investigation into health damage, etc. under Article 27; an application referred to a mediation, adjudication, or arbitration committee shall be deemed an application for resolution under subparagraph 4 of Article 2; and an application referred to an environmental damage relief subcommittee shall be deemed an application for the payment of relief benefits under the statutes specified in subparagraph 6 of Article 2. |
| (2) | If an application referred to a mediation, adjudication, or arbitration committee or to an environmental damage relief subcommittee under paragraph (1) fails to result in an environmental dispute resolution or a decision on the payment of environmental damage relief benefits, the prereferral procedures shall continue; however, if such resolution or decision is made, the prereferral application, etc. shall be deemed withdrawn. |
| (3) | Matters necessary for the procedures, etc. under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 25 (Establishment of rules) |
| (1) | The National Commission may establish rules regarding the procedures for handling the business affairs under its jurisdiction and other matters necessary for the operation of the Commission and committees. |
| (2) | Matters regarding the composition and operation of regional committees and other necessary matters shall be prescribed by ordinance of the competent City/Do. |
CHAPTER III INVESTIGATIONS INTO HEALTH DAMAGE
| Article 26 (Investigation into health damage according to decision of chairperson) |
| (1) | The Commission or a committee may conduct an investigation into health damage, etc., regarding a specific population group, such as regional residents who are likely to suffer, or suspected of suffering, from health damage, in relation to environmental dispute resolution or decisions on the payment of environmental damage relief benefits, if the relevant chairperson deems it necessary. |
| (2) | The Commission or a committee may organize and operate an investigation team to conduct an investigation under paragraph (1), as prescribed by Presidential Decree. |
| (3) | A business entity related to environmental damage (referring to a business entity associated with the occurrence of environmental damage that is the cause of an investigation under paragraph (1); hereinafter the same shall apply) shall actively cooperate if the competent Commission or committee conducts an investigation under paragraph (1) and must not engage in any of the following acts during the investigation process: |
| 1. | Refusing, obstructing, or evading the investigation without good cause; |
| 2. | Making false statements or submitting false materials; |
| 3. | Intentionally omitting or concealing facts. |
| (4) | Any person shall actively cooperate if the competent Commission or committee conducts an investigation under paragraph (1) and must not, without good cause, obstruct the investigation, make false statements, or intentionally conceal facts during the investigation process. |
| Article 27 (Investigation into health damage upon petition) |
| (1) | If a citizen suffers, or is likely to suffer, health damage caused by environmental damage defined in subparagraph 1 of Article 2, the citizen may petition the competent Commission or committee to conduct an investigation into the impact of the relevant cause on health. In such cases, the Commission or committee shall process the petition under Article 6 (1) 1 and (2) 3. |
| (2) | If a petition for an investigation into health damage, etc. under paragraph (1) is submitted, the competent Commission or committee shall determine whether to process the petition after deliberation on the necessity of the investigation. |
| (3) | When conducting deliberation under paragraph (2), the competent Commission or committee shall seek the opinions from the head of a relevant administrative agency. |
| (4) | Notwithstanding paragraphs (2) and (3), if an urgent investigation is necessary, the chairperson of the competent Commission or committee may make a determination without deliberation by the Commission or committee or seeking the opinions of the head of a relevant administrative agency. |
| (5) | Notwithstanding Article 21, the competent Commission or committee shall conduct deliberation on a petition under paragraph (1) in public, but may deliberate on such petition in private by resolution of a petition deliberative council under Article 8 of the Petition Act, if the details of the petition fall under any of the following categories: |
| 1. | Where the details relate to national security, national defense, unification, diplomatic relations, or other relevant matters and the disclosure of such details is deemed likely to significantly undermine important interests of the State; |
| 2. | Where the details are prescribed as confidential or nonpublic by other statutes. |
| (6) | Except as provided in paragraphs (1) through (5), matters regarding the procedures and methods for petitions shall be governed by the Petition Act, and Article 26 (2) through (4) shall apply mutatis mutandis to matters regarding the procedures and methods for investigations and the obligations of business entities related to environmental damage. |
| Article 28 (Nonacceptance of petitions) |
| (1) | The Commission or a committee need not accept a petition under Article 27 in any of the following cases: |
| 1. | Where 5 years have not passed since an investigation into health damage, etc. was conducted in the area subject to the petition and the purpose of the petition has been achieved; |
| 2. | Where the procedures for an investigation or decision on the payment of relief benefits are in progress in accordance with other statutes or regulations; |
| 3. | Where the purport of the petition, such as establishing rights and obligations between private persons, does not conform to the objectives of an investigation into health damage, etc.; |
| 4. | Where the petitioner does not reside in the area subject to the petition; |
| 5. | Where the petition constitutes merely a simple suggestion or complaint regarding potential health damage. |
| (2) | Where a petition is not accepted under paragraph (1), the competent Commission or committee shall notify the petitioner of the specific reasons for such nonacceptance. |
| Article 29 (Financial and technical assistance) |
The State may provide financial and technical assistance to the relevant local government, if necessary for the establishment and implementation of measures for environmental conservation and prevention of environmental damage, based on the results of the health damage investigations.
CHAPTER IV ENVIRONMENTAL DISPUTE RESOLUTION
SECTION 1 Common provisions
| Article 30 (Applications for resolution) |
| (1) | A person who intends to file an application for resolution shall submit a written application for facilitation, mediation, adjudication, or arbitration to the competent Commission or committee under Article 6. |
| (2) | Upon receipt of an application under paragraph (1), the competent Commission or committee shall notify the other party in writing without delay, along with a copy of the application. |
| (3) | The Minister of Environment shall represent the State in a resolution procedure in which the State is a party. In such cases, the Minister may designate a public official of an administrative agency having jurisdiction over the relevant case as a person responsible for handling the resolution. |
| (4) | Upon receipt of an application for resolution under paragraph (1), the competent Commission or committee shall commence the resolution procedure without delay. |
| (5) | The competent Commission or committee may seek the opinions of interested parties or the competent administrative agency before commencing the resolution procedure under paragraph (4). |
| (6) | Matters to be stated in written applications under paragraph (1) shall be prescribed by Presidential Decree. |
| (7) | Upon receipt of an application for environmental dispute resolution from a party to such dispute, the competent Commission or committee shall complete the procedure within the period prescribed by Presidential Decree. |
| Article 31 (Recommendation for settlement) |
| (1) | Upon receipt of an application for resolution, the chairperson of the competent Commission or committee may recommend that the parties reach a settlement regarding compensation for damages. |
| (2) | No recommendation made under paragraph (1) shall affect the progress of the resolution procedure. |
| Article 32 (Dismissal of applications without prejudice) |
| (1) | If an application for resolution is not legally proper, the competent Commission or committee may order the applicant to correct the defects within a fixed period. |
| (2) | If the applicant fails to comply with the order under paragraph (1), or if the defects are not rectifiable, the competent Commission or committee shall, by decision, dismiss without prejudice the application for resolution. |
| (3) | The competent Commission or committee shall, by decision, dismiss without prejudice an application for resolution regarding an environmental dispute that has already undergone, or is undergoing, the resolution procedure in accordance with another statute. |
| Article 33 (Selected representatives) |
| (1) | If multiple persons jointly become parties to resolution, they may select up to 3 representatives from among themselves. |
| (2) | If the parties fail to select a representative under (1), the competent Commission or committee recommend that they do so, if deemed necessary. |
| (3) | A representative selected under paragraph (1) (hereinafter referred to as "selected representative") may conduct all acts related to the resolution of the relevant case for the other applicants or respondents; provided, the withdrawal of the application, reaching an agreement under Article 50 (1), or filing an objection under Article 51 (4) shall require written consent from the other parties. |
| (4) | Once a representative has been selected, the other parties may conduct acts regarding the relevant case only through the selected representative. |
| (5) | The parties who have selected a representative may dismiss or replace the selected representative, if deemed necessary. In such cases, the parties shall notify the competent Commission or committee of the dismissal or replacement without delay. |
| Article 34 (Participation) |
| (1) | If an environmental dispute is pending in the resolution procedure, a person claiming environmental damage caused by the same cause may participate in the procedure as a party with the approval of the competent Commission or committee. |
| (2) | When intending to grant approval under paragraph (1), the competent Commission or committee shall hear the opinions of the relevant parties. |
| Article 35 (Correction of respondents) |
| (1) | If it is evident that the applicant has erroneously designated the respondent, the chairperson of the competent Commission or committee may, upon application by the applicant, permit the correction of the respondent. |
| (2) | When granting permission under paragraph (1), the chairperson of the competent Commission or committee shall notify the parties and the newly designated respondent of such fact. |
| (3) | If permission under paragraph (1) has been granted, the application for resolution against the former respondent shall be deemed withdrawn, and the application for resolution against the newly designated respondent shall be deemed filed at the time the correction application was submitted under paragraph (1). |
| (1) | A party may appoint as an agent any of the following persons: |
| 1. | The spouse, lineal ascendants or descendants, or siblings of the party; |
| 2. | An executive officer or employee of the corporate party; |
| 4. | A public official designated by the Minister of Environment or the head of the competent local government from among their public officials. |
| (2) | A party who intends to designate a person specified in paragraph (1) 1 or 2 as an agent shall obtain permission from the chairperson of the competent Commission or committee. |
| (3) | The authority of an agent shall be substantiated in writing. |
| (4) | An agent shall obtain special authorization for the following acts: |
| 1. | Withdrawal of the application; |
| 3. | Appointment of a subagent. |
| Article 37 (Objection to interim decisions) |
| (1) | An objection to an interim decision of the competent Commission or committee related to the resolution procedure may be filed with the Commission or committee within 14 days from the date the decision becomes known. |
| (2) | If the competent Commission or committee finds the objection under paragraph (1) to be well-founded, it shall correct its decision; if it finds the objection to be without merit, it shall dismiss the objection. |
| Article 38 (Delegation of resolution procedures) |
The mediation committee under Article 47 (1), the adjudication committee under Article 57 (1), or the arbitral tribunal under Article 68 (1) may delegate part of the procedures for mediation, adjudication, or arbitration, respectively, to its members.
| Article 39 (Applications for resolution by environmental organizations) |
| (1) | An environmental organization that meets all of the following requirements may, with approval of the competent Commission or committee, file an application for resolution with the Commission or committee on behalf of the parties to an environmental dispute, if damage has occurred or is highly likely to occur due to the grave destruction of natural ecosystems: |
| 1. | The organization shall be a nonprofit corporation established with the permission of the Minister of Environment under Article 32 of the Civil Act; |
| 2. | The organization shall, according to its articles of association, pursue the protection and promotion of the public interest, including environmental protection; |
| 3. | The organization shall meet other requirements prescribed by Presidential Decree. |
| (2) | Article 36 (3) and (4) shall apply mutatis mutandis to environmental organizations that file an application for resolution under paragraph (1). |
| Article 40 (Relationship to the State Compensation Act) |
If an environmental dispute governed by the State Compensation Act has undergone the resolution procedures under this Act (including Articles 52 and 53), deliberation and resolution by the Compensation Council under that Act shall be deemed to have been completed.
| Article 41 (Resolution costs) |
| (1) | Except as prescribed by Presidential Decree, each party shall bear the costs necessary for the resolution procedures conducted by the competent Commission or committee. |
| (2) | A person who files an application for resolution, etc. with the competent Commission or committee shall pay fees, as prescribed by Presidential Decree (in cases of a regional committee, referring to the ordinance of the competent City/Do). |
| Article 42 (Provisions applicable mutatis mutandis) |
| Article 43 (Designation of facilitators) |
| (1) | Facilitation by the Commission or a committee shall be conducted by up to 3 members (hereinafter referred to as "facilitators"). |
| (2) | A facilitator shall be designated by the chairperson of the competent Commission or committee from among its members for each case. |
| Article 44 (Duties of facilitators) |
A facilitator shall identify the main points asserted by each party and endeavor to ensure the fair settlement of the case.
| Article 45 (Discontinuation of facilitation) |
| (1) | If it is deemed impracticable to settle an environmental dispute through facilitation, the relevant facilitator may discontinue the facilitation. |
| (2) | If an application for mediation, adjudication, or arbitration is filed for an environmental dispute for which the facilitation procedure is in progress, such facilitation shall be deemed to have been discontinued. |
| Article 46 (Ex officio mediation) |
| (1) | The National Commission may commence the mediation procedure ex officio, even without an application by a party, for a dispute likely to cause significant social repercussions, such as grave harm to human life or body caused by environmental pollution or conflicts regarding the installation or management of environmental facilities under subparagraph 3 of Article 2. |
| (2) | A Mayor/Do Governor, the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu), or the head of a river basin environmental office or regional environmental office may request the National Commission to conduct ex officio mediation for a dispute deemed to require ex officio mediation under paragraph (1). |
| (3) | Matters regarding the types of disputes subject to ex officio mediation under paragraph (1), the mediation procedures, and the persons conducting ex officio mediation shall be prescribed by Presidential Decree. |
| Article 47 (Designation of mediators) |
| (1) | Mediation shall be conducted by a mediation committee consisting of 3 members. |
| (2) | The members of a mediation committee (hereinafter referred to as "mediators") shall be designated by the chairperson of the competent Commission or committee from among its members for each case, and at least 1 person falling under the category specified in Article 9 (1) 2 shall be included. |
| (3) | Meetings of a mediation committee shall be convened by its chairperson. |
| (4) | A majority of the members of a mediation committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present. |
| Article 48 (Investigative powers of mediation committees) |
| (1) | If deemed necessary for the mediation of an environmental dispute, a mediation committee may authorize its mediator or investigator to enter a factory or place of business occupied by a party, or other places related to the relevant case for investigation, perusal, or reproduction of relevant documents or articles, or to hear statements from witnesses. |
| (2) | If a mediation committee intends to use the results of investigation under paragraph (1) as materials for mediation, the committee shall hear the opinions of the parties. |
| (3) | In the case of paragraph (1), a mediator or investigator of a mediation committee shall carry identification verifying his or her authority and present it to relevant persons. |
| Article 49 (Request for appearance of parties) |
| (1) | A mediation committee may require the parties to appear on the date specified for the mediation of the dispute. |
| (2) | If a mediation committee intends to require the parties to appear under paragraph (1), the committee shall notify them by sending a written request for appearance, in the form prescribed by Decree of the Ministry of Environment, no later than 7 days before the relevant date of mediation. |
| (3) | Upon receipt of notification under paragraph (2), if the relevant applicant fails to appear on 2 occasions on the dates specified for the mediation under paragraph (1), the application for mediation shall be deemed to be withdrawn; provided, this shall not apply if there is good cause and the applicant submits a written excuse for nonappearance, in the form prescribed by Decree of the Ministry of Environment, before the relevant date of mediation and obtains approval for such nonappearance. |
| Article 50 (Conclusion of mediation) |
| (1) | Mediation shall be concluded when the matters agreed upon by the parties are entered into an official record. |
| (2) | When a mediation committee prepares an official record under paragraph (1), it shall, without delay, serve an authentic copy on the parties or their agents. |
| Article 51 (Mediation decisions) |
| (1) | If no agreement is reached between the parties and a mediation committee deems that the applicant’s claim is well-founded, the committee may render a decision in lieu of mediation (hereinafter referred to as “mediation decision”), taking into account the interests of the parties and all other relevant circumstances, to the extent that such decision does not contradict the purport of the application. |
| (2) | A mediation decision shall be made in writing; in such cases, the mediation decision document shall state the following, and the mediators shall affix their signatures and seals thereto: |
| 1. | The case number and name; |
| 2. | The addresses and names (in cases of corporations, referring to the corporate names) of the parties, selected representatives, representative parties, and agents; |
| 3. | The details of mediation; |
| 4. | The purport of the application; |
| 5. | The grounds for the decision; |
| 6. | The date of the mediation decision. |
| (3) | When a mediation committee makes a mediation decision, it shall, without delay, serve the authentic copy of such decision on the parties or their agents. |
| (4) | A party may file a written objection stating the grounds for such objection within 14 days from the date the authentic copy of the mediation decision under paragraph (3) is served. |
| Article 52 (Cases where mediation need not be conducted) |
| (1) | If the relevant environmental dispute is deemed inappropriate for mediation, considering the nature of the dispute, or if a party is deemed to have filed an application for mediation for an improper purpose, the relevant mediation committee need not conduct mediation. |
| (2) | When a mediation committee decides not to conduct mediation under paragraph (1), the committee shall notify the parties of such decision. |
| Article 53 (Termination of mediation) |
| (1) | When a mediation committee deems that it is impracticable to reach consensus between the parties regarding the relevant mediation case, it may terminate the mediation by the decision not to conduct mediation. |
| (2) | If an objection is filed under Article 51 (4) against a mediation decision, the mediation between the parties shall be terminated. |
| (3) | If an application for adjudication or arbitration is filed regarding an environmental dispute for which the mediation procedure is in progress, the mediation shall be terminated. |
| (4) | If mediation is terminated under paragraph (1) or (2), the competent mediation committee shall notify the parties of such fact. |
| (5) | If a party that has received notification under paragraph (4) files a lawsuit within 30 days from the date of receipt, the application for mediation shall be deemed a judicial claim for the purposes of interruption of prescription and the calculation of the period for filing a lawsuit. |
| Article 54 (Effect of mediation) |
Mediation established under Article 50 (1) and a mediation decision against which no objection is filed under Article 51 (4) shall have the same effect as a judicial settlement; provided, this shall not apply to matters that cannot be disposed of at the discretion of the parties.
| Article 55 (Application mutatis mutandis of the Judicial Conciliation of Civil Disputes Act) |
| Article 56 (Types of adjudication) |
The types of adjudication under this Act shall be as follows:
| 1. | Causation adjudication: An adjudication to determine whether a causal relationship exists between an act causing environmental damage and the resulting damage; |
| 2. | Liability adjudication: An adjudication to determine whether liability such as compensation for damages exists between the parties to an environmental dispute, and the scope and other aspects of such liability. |
| Article 57 (Designation of adjudicators) |
| (1) | Adjudication shall be conducted by an adjudication committee consisting of 5 members; provided, adjudication of the following cases may be conducted by an adjudication committee specified in the respective subparagraph: |
| 1. | Cases prescribed by Presidential Decree that are likely to cause social repercussions, such as disputes involving grave harm to the lives or bodies of multiple persons or conflicts regarding the installation or management of environmental facilities defined in subparagraph 3 of Article 2: An adjudication committee consisting of at least 10 members; |
| 2. | Minor cases prescribed by Presidential Decree: An adjudication committee consisting of 3 members. |
| (2) | The members of an adjudication committee (hereinafter referred to as "adjudicators") shall be designated by the chairperson of the competent Commission or committee from among its members for each case, and at least 1 person falling under the category specified in Article 9 (1) 2 shall be included. |
| (3) | Meetings of an adjudication committee shall be convened by its chairperson. |
| (4) | A majority of the members of an adjudication committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present. |
| (1) | An adjudication committee shall designate a date for a hearing and have the parties to state their opinions. |
| (2) | An adjudication committee shall notify the parties of the hearing date under paragraph (1) no later than 7 days before the date. |
| (3) | A hearing shall be open to the public; provided, this shall not apply if an adjudication committee deems that it is necessary to protect the privacy or business secrets of a party, that the fairness of the procedure is likely to be impaired, or that it is necessary for the public interest. |
| Article 59 (Investigative powers of adjudication committees) |
| (1) | If deemed necessary for adjudicating a dispute, an adjudication committee may conduct the following acts upon application by a party or ex officio: |
| 1. | Requiring the appearance of a party or witness, questioning them, and hearing their statements; |
| 2. | Requiring the appearance of an expert and his or her expert opinions; |
| 3. | Requiring perusal, reproduction, submission, and retention of documents or articles related to the relevant case; |
| 4. | Entering and inspecting a place related to the relevant case. |
| (2) | The parties may participate in inspections, etc. conducted under paragraph (1). |
| (3) | If an adjudication committee has conducted an inspection, etc. under paragraph (1) ex officio, it shall hear the opinions of a party on the results thereof. |
| (4) | If an adjudication committee requires a statement from a party or witness, or an expert opinion from an expert under paragraph (1), it shall have the party, witness, or expert take an oath. |
| (5) | In the case of paragraph (1) 4, an adjudicator or investigator of an adjudication committee shall carry identification verifying his or her authority and present it to relevant persons. |
| Article 60 (Preservation of evidence) |
| (1) | If the Commission or a committee deems it impracticable to secure evidence unless the evidence is examined in advance of an application for adjudication, it may, upon application by a person intending to file an application for adjudication, conduct the acts specified in the subparagraphs of Article 59 (1). |
| (2) | Upon receipt of an application under paragraph (1), the chairperson of the competent Commission or committee shall designate a person to be in charge of the preservation of evidence among its members. |
| Article 61 (Adjudication) |
| (1) | Adjudication shall be rendered in writing, and the adjudication document shall state the following and the adjudicators shall affix their signatures and seals thereto: |
| 1. | The case number and name; |
| 2. | The addresses and names (in cases of corporations, referring to the corporate names) of the parties, selected representatives, representative parties, and agents; |
| 3. | The formal adjudication; |
| 4. | The purport of the application; |
| 5. | The grounds for the adjudication; |
| 6. | The date of adjudication. |
| (2) | When the grounds specified in paragraph (1) 5 are stated, the judgment on the arguments of the relevant party and other pertinent matters shall be indicated to the extent necessary to justify the details of the formal adjudication. |
| (3) | When an adjudication committee renders an adjudication, it shall, without delay, serve the authentic copy of the adjudication document on the parties or their agents. |
| Article 62 (Restoration to original state) |
If an adjudication committee deems that restoration to the original state is necessary for the recovery of damage in a case for which an application for adjudication has been filed, it shall render a liability adjudication under subparagraph 2 of Article 56 (hereinafter referred to as “liability adjudication”) ordering the relevant party to perform such restoration, in lieu of compensation for damages; provided, this shall not apply if the restoration is deemed impracticable due to excessive costs or other reasons.
| Article 63 (Effect of adjudication) |
| (1) | A party dissatisfied with a liability adjudication rendered by an adjudication committee of a regional committee may file an application for liability adjudication with the National Commission within 60 days from the date the authentic copy of the adjudication document is served on the party. |
| (2) | A party who has been served with the authentic copy of the adjudication document in a causation adjudication rendered by an adjudication committee under subparagraph 1 of Article 56 (hereinafter referred to as “causation adjudication”) may file an application for facilitation, mediation, liability adjudication, or arbitration under this Act. |
| (3) | Where a liability adjudication is rendered by an adjudication committee, if neither party files a lawsuit regarding the environmental damage subject to the adjudication within 60 days from the date the authentic copy of the adjudication document is served on the parties or such lawsuit is withdrawn, or if no application is filed under paragraph (1), the adjudication document shall have the same effect as a judicial settlement; provided, this shall not apply to matters that the parties cannot dispose of at their discretion. |
| Article 64 (Referral to mediation) |
| (1) | When an adjudication committee deems that it is appropriate to refer a case for which an application for adjudication has been filed to mediation, it may directly mediate the case ex officio or send the case to the competent committee for mediation. |
| (2) | If no agreement is reached between the parties in a case referred to mediation under paragraph (1), the adjudication procedure shall continue; if an agreement is reached, the application for adjudication shall be deemed withdrawn. |
| Article 65 (Withdrawal of applications for adjudication) |
If an application for arbitration is filed with respect to an environmental dispute for which an adjudication procedure is in progress, the application for adjudication shall be deemed withdrawn.
| Article 66 (Interruption of prescription) |
If a party files a lawsuit in objection to a liability adjudication, the application for such liability adjudication shall be deemed a judicial claim for the purposes of calculating the interruption of prescription and the period for filing a lawsuit.
| Article 67 (Relationship to lawsuits) |
| (1) | When a lawsuit is in progress for a case for which an application for adjudication has been filed, the court which has accepted the lawsuit may suspend the judicial procedure until adjudication is rendered. |
| (2) | If a judicial procedure under paragraph (1) is not suspended, the competent adjudication committee shall suspend the adjudication procedure for the case; provided, this shall not apply if a causation adjudication is conducted under paragraph (4). |
| (3) | Where a lawsuit is in progress on the same kind of a case or on a similar case which involves multiple persons due to the same cause as that of the case for which an application for adjudication is filed, the competent adjudication committee may suspend the adjudication procedure by decision. |
| (4) | In connection with a lawsuit on an environmental dispute, if it is necessary to determine whether a causal relationship exists in such dispute, the court which has accepted the lawsuit may entrust the National Commission with a causation adjudication. In such cases, it shall be deemed that an application has been filed by a party under Article 30 (1). |
| (5) | Among the costs required for a causation adjudication procedure under paragraph (4), those to be borne by each party under Article 41 (1) shall be deemed litigation costs under the Costs of Civil Procedure Act. |
| Article 68 (Designation of arbitrators) |
| (1) | Arbitration shall be conducted by an arbitral tribunal consisting of 3 members. |
| (2) | The members of an arbitral tribunal (hereinafter referred to as "arbitrators") shall be designated by the chairperson of the competent Commission or committee from among its members for each case, and if the parties to a case have selected members by agreement, the selected members shall be designated. |
| (3) | A member prescribed by the rules, etc. of the competent Commission or committee under Article 25 shall serve as the presiding arbitrator of an arbitral tribunal; provided, if the parties to a case have selected members by agreement under paragraph (2), a selected member designated by the chairperson of the competent Commission or committee shall serve as the presiding arbitrator of an arbitral tribunal. |
| (4) | Meetings of an arbitral tribunal shall be convened by its presiding arbitrator. |
| (5) | A majority of the members of an arbitral tribunal shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present. |
| Article 69 (Hearings by arbitral tribunals) |
Articles 58 through 62 shall apply mutatis mutandis to the hearings, investigative powers, preservation of evidence, and arbitration procedures conducted by an arbitral tribunal, as well as restoration to the original state and other relevant matters.
| Article 70 (Effect of arbitration) |
Arbitration shall have the same effect between the parties as a final and conclusive judgment of a court; provided, this shall not apply if recognition or enforcement is refused under Article 38 of the Arbitration Act.
| Article 71 (Application mutatis mutandis of the Arbitration Act) |
| (2) | Except as otherwise provided in this Act, the Arbitration Act shall apply mutatis mutandis to procedures related to arbitration. |
SECTION 6 Resolution of environmental dispute involving multiple persons
| Article 72 (Applications for resolution of environmental disputes involving multiple persons) |
| (1) | If environmental damage has occurred or is likely to occur to multiple persons due to the same cause, 1 or more of them may file an application for resolution as a representing party. |
| (2) | Any person who intends to file an application for resolution under paragraph (1) shall obtain permission from the competent Commission or committee. |
| (3) | An application for permission under paragraph (2) shall be filed in writing. |
| (4) | A written application for permission under paragraph (3) shall include the following: |
| 1. | The address and name of the applicant; |
| 2. | The address and name of the agent, if the application is filed by an agent; |
| 3. | The address and name of the prospective respondent; |
| 4. | The scope of the multiple persons to be represented by the applicant; |
| 5. | The maximum amount of damages claimed per person, if compensation for damages is claimed; |
| 6. | The purport of, and grounds for, the application for resolution of the environmental dispute. |
| Article 73 (Requirements for permission) |
The Commission or a committee may grant permission, if an application for permission under Article 72 satisfies all of the following requirements: | 1. | The cause of claim shall be an environmental dispute that has occurred or is likely to occur due to the same cause; |
| 2. | There shall be at least 100 persons with a common interest, and resolution by a selected representative shall be significantly impracticable; |
| 3. | If compensation for damages is claimed, the amount claimed per person shall not exceed 5 million won; |
| 4. | At least 30 of the multiple persons to be represented by the applicant shall consent to the application; |
| 5. | The applicant shall be capable of fairly and appropriately representing the interests of the members. |
| Article 74 (Concurrent applications) |
| (1) | If applications for permission for resolution of environmental disputes involving multiple persons are concurrently filed, the competent Commission or committee may recommend to each applicant methods such as separating or consolidating the cases. |
| (2) | If a recommendation under paragraph (1) is not accepted, the competent Commission or committee may decide not to grant permission for the relevant application. |
| Article 75 (Decision to grant permission) |
| (1) | When the Commission or a committee grants permission for resolution of an environmental dispute involving multiple persons, it shall include the particulars specified in the subparagraphs of Article 72 (4) in the written decision. |
| (2) | If the Commission or a committee has decided to grant permission under paragraph (1), it shall immediately notify the applicant and the respondent of such decision. |
| (3) | If the Commission or a committee has decided to grant permission for resolution of an environmental dispute involving multiple persons, the application for resolution shall be deemed to have been filed at the time the application for permission was filed under Article 72. |
| Article 76 (Supervision of representative parties) |
| (1) | If deemed necessary, the competent Commission or committee may require a representative party to give necessary reports. |
| (2) | If a representative party is deemed to have failed to fairly and appropriately represent the members, the competent Commission or committee may replace the representative party or revoke permission upon application by the members or ex officio. |
| Article 77 (Public announcement) |
| (1) | Upon receipt of an application for resolution of an environmental dispute involving multiple persons, the competent Commission or committee shall publicly announce the following particulars within 15 days from the date of such application and make the public announcement available for public inspection at the office of the local government where the dispute arose: |
| 1. | The addresses and names of the applicant and the respondent; |
| 2. | The address and name of the agent; |
| 3. | The scope of members and the maximum amount of damages claimed per member; |
| 4. | The purport of the application and a summary of its grounds; |
| 5. | The case number and name; |
| 6. | The method and period for filing an application for participation, and a statement that the resolution shall not be effective against a person who fails to file such application; |
| 7. | Other matters deemed necessary by the Commission or committee. |
| (2) | A public announcement under paragraph (1) may be made by publishing it in the Official Gazette or a daily newspaper or by other methods deemed appropriate by the competent Commission or committee. |
| (3) | The competent Commission or committee may have representing parties bear the costs incurred from a public announcement under paragraph (1). |
| Article 78 (Applications for participation) |
| (1) | A person who is not a representative party but has an interest in the outcome of the resolution of the relevant environmental dispute may file an application for participation in the resolution procedure within 60 days from the date of the public announcement under Article 77 (1). |
| (2) | A person who has given consent under subparagraph 4 of Article 73 shall be deemed to have participated in the resolution procedure. |
The effect of resolution shall extend only to a representative party and a person who has applied for participation under Article 78.
| Article 80 (Prohibition of filing new resolution applications on same environmental dispute) |
A person who has failed to file an application for participation under Article 78 may not file another application for resolution regarding a case that is deemed to constitute the same environmental dispute in terms of the grounds for, and purport of, the application.
| Article 81 (Application mutatis mutandis of resolution procedures) |
With respect to resolution procedures for environmental disputes involving multiple persons, Sections 1 through 5 shall apply mutatis mutandis to matters that are not provided in this Section unless such application conflicts with the nature thereof.
| Article 82 (Distribution) |
If a representative party has received damages through resolution, the representative party shall, within the period determined by the competent Commission or committee, prepare a distribution plan, obtain authorization therefor from the Commission or committee, and distribute the damages in accordance with the distribution plan.
| Article 83 (Details to be stated in distribution plans) |
A distribution plan for damages shall include the following:
| 1. | The prospective recipients of damages and the maximum amount of claim per person; |
| 2. | The total amount of money to be paid by the respondent; |
| 3. | Deductible items and the amounts thereof under Article 85; |
| 4. | The amount allocated for distribution; |
| 5. | The criteria for distribution; |
| 6. | Matters regarding the period, place, and method of filing an application for payment; |
| 7. | Matters regarding the method of verification of claims; |
| 8. | Matters regarding the period, place, and method of receiving distribution payments; |
| 9. | Other matters determined by the competent Commission or committee. |
| Article 84 (Criteria for distribution) |
| (1) | Damages shall be distributed based on the grounds for the adjudication or the details stated in the official mediation record. |
| (2) | If the total amount of confirmed claims exceeds the amount allocated for distribution, distribution shall be made in proportion to the value of each claim. |
A representative party may deduct the following expenses from the amount paid by the respondent:
| 1. | Expenses incurred in the resolution procedure; |
| 2. | Expenses incurred in the distribution process. |
| Article 86 (Public announcement of distribution plans) |
| (1) | If the Commission or a committee authorizes a distribution plan under Article 82, it shall publicly announce the following: |
| 1. | A summary of the official record of adjudication or mediation; |
| 2. | Matters specified in the subparagraphs of Article 83; |
| 3. | The addresses and names of the representative parties. |
| (2) | Article 77 (2) and (3) shall apply mutatis mutandis to a public announcement under paragraph (1). |
| (3) | Article 37 shall apply mutatis mutandis to objections to the authorization of a distribution plan under Article 82. |
| Article 87 (Modification of distribution plans) |
| (1) | A party who has an objection to a distribution plan publicly announced under Article 86 (1) may submit his or her opinion to the competent Commission or committee within 7 days from the date of the public announcement. |
| (2) | If the competent Commission or committee deems it necessary to modify a distribution plan after authorizing such plan under Article 82, it may modify the plan by decision; provided, if modifying the plan ex officio, it shall hear the opinion of the representative party. |
| (3) | The competent Commission or committee shall publicly announce matters modified under paragraph (2). |
| (4) | Article 77 (2) and (3) shall apply mutatis mutandis to a public announcement under paragraph (3). |
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 88 (Delegation of authority) |
| (1) | The Commission or a committee may authorize the president of the National Institute of Environmental Research to entrust part of the investigation tasks regarding health damage, etc. under Articles 26 and 27. |
| (2) | In addition to the matters prescribed in paragraph (1), the Commission or a committee may entrust part of the tasks under this Act to the head of a relevant specialized institution, as prescribed by Presidential Decree. |
| Article 89 (Legal fiction as public officials for purposes of applying penalty provisions) |
CHAPTER VI PENALTY PROVISIONS
| Article 90 (Penalty provisions) |
| (1) | A person who commits any act specified in the subparagraphs of Article 26 (3) (including cases where that paragraph applies mutatis mutandis under Article 27 (6)), in violation of Article 26 (3) during the investigation process under Article 26 (1) or 27, shall be punished by imprisonment with labor for up to 2 years or by a fine not exceeding 20 million won. |
| (2) | A person who, without good cause, refuses, evades, or obstructs the access, investigation, inspection, or reproduction conducted by a member or investigator of the competent Commission or committee under Article 48 (1) or Article 59 (1) 3 or 4 (including cases where Article 59 applies mutatis mutandis under Article 69), shall be punished by a fine not exceeding 2 million won. |
| Article 91 (Joint penalty provisions) |
| (1) | If the representative, an agent, or an employee of, or any other person employed by, a corporation commits any violation under Article 90 (1) in conducting the business affairs of the corporation, the corporation shall, in addition to punishing the violator accordingly, be punished by a fine prescribed in the relevant provisions; provided, this shall not apply if such corporation has not been negligent in giving due attention and supervision regarding the relevant business affairs to prevent such violation. |
| (2) | If an agent or employee of, or any other person employed by, an individual commits any violation under Article 90 (1) in conducting the business affairs of the individual, the individual shall, in addition to punishing the violator accordingly, be punished by a fine prescribed in the relevant provisions; provided, this shall not apply if such individual has not been negligent in giving due attention and supervision regarding the relevant business affairs to prevent such violation. |
| Article 92 (Administrative fines) |
| (1) | A person who, without good cause, obstructs an investigation, makes a false statement, or intentionally conceals facts, in violation of Article 26 (4) (including cases where that paragraph applies mutatis mutandis under Article 27 (6)), shall be subject to an administrative fine not exceeding 3 million won. |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding 1 million won: |
| 1. | A person who fails to appear without good cause, despite being summoned twice consecutively by an adjudication committee or an arbitral tribunal under Article 59 (1) 1 (including cases where Article 59 applies mutatis mutandis under Article 69; hereafter in this Article, the same shall apply); |
| 2. | A person who fails to submit documents or articles under Article 59 (1) 3 or who submits false documents or articles. |
| (3) | If a party, witness, or expert who has taken an oath under Article 59 (4) makes a false statement or appraisal, such person shall be subject to an administrative fine not exceeding 500,000 won. |
| (4) | Administrative fines under paragraphs (1) through (3) shall be imposed and collected by the competent Commission or committee, as prescribed by Presidential Decree. |
ADDENDA <Act No. 20385, Mar. 19, 2024>
Article 1 (Enforcement date)
This Act shall enter into force on January 1, 2025.
Article 2 (Applicability to environmental damage)
The amended provisions of the main clause of subparagraph 1 of Article 2 and subparagraph 2 d and e of Article 5 shall begin to apply to the first environmental damage caused by chemical spills or exposure or the exposure to a biocidal product after January 1, 2024. Article 3 (Applicability to exclusion of, challenge to, or recusal of, members)
The amended provisions of Article 22 (1) shall begin to apply to the first case received by the Commission or a committee after this Act enters into force. Article 4 (Applicability to penalty provisions)
The amended provisions of Articles 90 and 91 shall begin to apply to the first case received by the Commission or a committee after this Act enters into force. Article 5 (Transitional measures regarding dispositions, decisions, and ongoing acts under previous statutes)
Dispositions, decisions, and other acts made or conducted by the Commission or a committee in connection with the resolution of environmental disputes under the previous Environmental Dispute Resolution Act before this Act enters into force shall be deemed dispositions, decisions, and other acts made or conducted under the corresponding provisions of this Act.
Article 6 (Transitional measures regarding damage relief affairs following functional adjustment)
| (1) | Business affairs related to environmental damage relief and requests for re-examination by the Environmental Damage Relief Policy Committee under Article 16 of the previous Act on Liability for Environmental Damage and Relief Thereof, and decision, etc. on the payment of relief benefits by the Environmental Damage Relief Council under Article 24 of that Act and the Relief Benefits Examination Committee under Article 29 of that Act, as at the time this Act enters into force, shall be succeeded by the National Commission. |
| (2) | Business affairs related to determination on, and examination and re-examination, etc. of, the payment of relief benefits by the Asbestos Injury Determination Committee under Article 8 of the previous Asbestos Injury Relief Act, the Asbestos Injury Relief Examination Committee under Article 36 of that Act, and the Asbestos Injury Relief Re-examination Committee under Article 39 of that Act, as at the time this Act enters into force, shall be succeeded by the National Commission. |
| (3) | Business affairs related to determination on, and re-examination, etc. of, the payment of relief benefits for damage from biocidal products by the Daily Use Consumer Chemical Products and Biocides Control Committee under Article 6 of the previous Consumer Chemical Products and Biocides Safety Control Act, as at the time this Act enters into force, shall be succeeded by the National Commission. |
Article 7 (Transitional measures regarding petitions for health damage investigations following functional adjustment)
| (1) | Business affairs related to the handling of petitions for health impact investigations of the Environmental Health Committee under Article 9 of the Environmental Health Act and regional environmental health committees under Article 10-2 of that Act, as at the time this Act enters into force, shall be succeeded by the National Commission and regional committees, respectively. |
| (2) | Dispositions and decisions related to the handling of petitions for health impact investigations made by the Environmental Health Committee and regional environmental health committees, before this Act enters into force, shall be deemed dispositions and decisions made by the National Commission and regional committees under this Act. |
Article 8 (Transitional measures regarding appointment and dismissal of members of related committees)
| (1) | The term of office of members of environmental dispute resolution committees commissioned or appointed under the previous Environmental Dispute Resolution Act, as at the time this Act enters into force, shall be deemed to have expired on the day before the enforcement of this Act. |
| (2) | The term of office of members of the Asbestos Injury Determination Committee, the Asbestos Injury Relief Examination Committee, and the Asbestos Injury Relief Re-examination Committee commissioned or appointed under the previous Asbestos Injury Relief Act, as at the time this Act enters into force, shall be deemed to have expired on the day before the enforcement of this Act. |
| (3) | The term of office of members of the Environmental Damage Relief Policy Committee, the Environmental Damage Relief Council, and the Relief Benefits Examination Committee commissioned or appointed under the previous Act on Liability for Environmental Damage and Relief Thereof, as at the time this Act enters into force, shall be deemed to have expired on the day before the enforcement of this Act. |
Article 9 (Transitional measures regarding examiners and relevant experts of environmental dispute resolution committees)
Examiners whose duties have been assigned under Article 13 (2) of the previous Environmental Dispute Resolution Act, as at the time this Act enters into force, shall be deemed investigators under the amended provisions of Article 14 (2), and relevant experts commissioned under Article 13 (3) of the previous Environmental Dispute Resolution Act shall be deemed expert members under the amended provisions of Article 13. Article 10 (Preparatory acts for enforcement of this Act)
If necessary for the enforcement of this Act, preparatory acts for the organization of the Commission or a committee, such as the appointment of its members, may be conducted before this Act enters into force.
Article 11 (Transitional measures regarding administrative fines)
The previous provisions shall apply to the imposition of administrative fines for acts committed before this Act enters into force.
Article 13 (Relationship to other statutes or regulations)
A citation of the previous Environmental Dispute Resolution Act or any provision thereof by other statutes or regulations in force as at the time this Act enters into force shall be deemed a citation of this Act or the corresponding provision hereof, if any, in lieu of such previous Act or provision.