ENFORCEMENT DECREE OF THE ACT ON LIABILITY FOR ENVIRONMENTAL DAMAGE AND RELIEF THEREOF
Presidential Decree No. 26806, Dec. 30, 2015
Amended by Presidential Decree No. 27737, Dec. 30, 2016
Presidential Decree No. 27810, Jan. 26, 2017
Presidential Decree No. 27965, Mar. 27, 2017
Presidential Decree No. 28583, Jan. 16, 2018
Presidential Decree No. 28966, Jun. 12, 2018
Presidential Decree No. 29950, Jul. 2, 2019
Presidential Decree No. 31212, Dec. 1, 2020
Presidential Decree No. 31576, Mar. 30, 2021
Presidential Decree No. 31719, Jun. 1, 2021
Presidential Decree No. 34414, Apr. 16, 2024
Presidential Decree No. 35094, Dec. 24, 2024
Presidential Decree No. 35382, Mar. 12, 2025
Presidential Decree No. 35804, Oct. 1, 2025
CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to prescribe matters mandated by the Act on Liability for Environmental Damage and Relief Thereof and those necessary for the enforcement thereof.
| Article 2 (Causes of environmental damage) |
"Causes prescribed by Presidential Decree" in the main clause of subparagraph 1 of Article 2 of the Act on Liability for Environmental Damage and Relief Thereof (hereinafter referred to as the "Act") means each of the following causes: <Amended on Jun. 1, 2021>
| 1. | Ground subsidence due to vibration (excluding the case where mineral mining is the main cause); |
| 2. | Chemical accidents under subparagraph 13 of Article 2 of the Chemical Substances Control Act. |
| Article 3 (Scope of marine facilities) |
"Facilities prescribed by Presidential Decree" in subparagraph 10 of Article 3 of the Act are as specified in Appendix 1.
CHAPTER II COMPENSATION FOR ENVIRONMENTAL DAMAGE
| Article 4 (Liability cap for compensation) |
Liability caps of business owners for compensation for environmental damage prescribed in the main clause of Article 7 of the Act, with the exception of its subparagraphs, are as specified in Appendix 2.
| Article 5 (Statutes and regulations governing environment and safety) |
"Statutes and regulations governing the environment and safety ... related to the causes of occurrence of the environmental damage prescribed by Presidential Decree" in Article 9(3) of the Act means the following Statutes and Regulations: <Amended on Jan. 26, 2017; Jan. 16, 2018; Jun. 12, 2018; Dec. 1, 2020; Mar. 30, 2021; Nov. 29, 2022>
| 1. | The Clean Air Conservation Act; |
| 2. | The Water Environment Conservation Act; |
| 3. | The Wastes Control Act; |
| 4. | The Construction Waste Recycling Promotion Act; |
| 5. | The Act on the Management and Use of Livestock Excreta; |
| 6. | The Soil Environment Conservation Act; |
| 7. | The Chemical Substances Control Act; |
| 8. | The Noise and Vibration Control Act; |
| 9. | The Persistent Pollutants Control Act; |
| 10. | The Marine Environment Management Act; |
| 10-2. | The Management of Marine Garbage and Contaminated Marine Sediment Act; |
| 11. | The Act on the Safety Control of Hazardous Substances; |
| 12. | The Occupational Safety and Health Act; |
| 13. | The Act on Installation and Management of Firefighting Systems; |
| 14. | The High-Pressure Gas Safety Control Act; |
| 15. | The Safety Control and Business of Liquefied Petroleum Gas Act; |
| 16. | The Electric Utility Act; |
| 16-2. | Electrical Safety Management Act; |
| 17. | The Oil Pipeline Safety Control Act. |
| Article 6 Deleted. <Dec. 24, 2024> |
CHAPTER III SUBSCRIPTION TO INSURANCE TO COMPENSATE FOR ENVIRONMENTAL DAMAGE
| Article 7 (Facilities subject to compulsory subscription to environmental liability insurance) |
| (1) | "Facility ... prescribed by Presidential Decree" in Article 17(1)4 of the Act and paragraph (3)1 of the same Article respectively means each of the facilities specified in subparagraph 1 of Appendix 3. <Amended on Jun. 12, 2018> |
| (2) | "Facility ... prescribed by Presidential Decree" in Article 17(1)5 of the Act and paragraph (3)2 of the same Article respectively means each of the facilities specified in subparagraph 2 of Appendix 3. <Amended on Jun. 12, 2018> |
| (3) | "Facilities ... prescribed by Presidential Decree" in Article 17(1)7 of the Act means each of the facilities specified in subparagraph 3 of Appendix 3. |
| Article 8 (Scope of coverage by environmental liability insurance or indemnity contract) |
| (1) | A business owner who is required to subscribe to environmental liability insurance or to conclude an indemnity contract in accordance with Article 17(1) or (2) of the Act shall do so for each place of business where a facility specified in each subparagraph of Article 17(1) of the Act is established. |
| (2) | Amounts of coverage by the environmental liability insurance or indemnity contract subscribed to or concluded under Article 17(1) or (2) of the Act shall be as specified in Appendix 4. |
| (3) | The amounts of coverage referred to in paragraph (2) shall be deemed to include damages, cleanup costs, costs for emergency measures, litigation costs, consolation money, etc. |
| (4) | The scope of coverage by the environmental liability insurance or indemnity contract subscribed to or concluded under Article 17(1) or (2) of the Act shall include all environmental damage caused by the facilities established in a place of business. <Amended on Apr. 16, 2024> |
| (5) | "Matters prescribed by Presidential Decree, such as the type and size of the relevant facilities and the type and quantity of pollutants emitted therefrom" in Article 17(4) of the Act means the following: <Amended on Apr. 16, 2024; Oct. 1, 2025> |
| 1. | The type and size of the relevant facilities; |
| 2. | The type and quantity of pollutants emitted from the relevant facilities; |
| 3. | Matters concerning authorization and permission for, registration of, and report on the relevant facilities (including matters concerning authorization and permission for, registration of, and report on modification); |
| 4. | Other matters determined and publicly notified by the Minister of Climate, Energy and Environment as necessary for purchasing environmental liability insurance or concluding an indemnity contract. |
| Article 9 (Grounds for refusal to conclude environmental liability insurance contracts) |
"Grounds prescribed by Presidential Decree, such as suspension of operation" in Article 18(3) of the Act means any of the following circumstances: <Amended on Oct. 1, 2025>
| 1. | Where a business owner who has received an order to suspend the operation or use of his or her facility for at least three months pursuant to the statutes and regulations related to the environment and safety referred to in the subparagraphs of Article 5 (hereinafter referred to as "statutes and regulations related to the environment and safety") is under such suspension period; |
| 2. | Where a business owner who has received an order of closure pursuant to any of the statutes and regulations related to the environment and safety; |
| 3. | Where a business owner fails to notify, or falsely notifies, any material fact in relation to the risk of occurrence of an environmental pollution accident as at the time he or she concludes an environmental liability insurance contract; |
| 4. | Where the soil contamination level provided for in Article 4-2 of the Soil Environment Conservation Act is exceeded, or a soil contamination cleanup or improvement project provided for in Article 10-4 of the same Act is not completed; |
| 5. | Other cases where the Minister of Climate, Energy and Environment deems that an insurer has a probable ground to refuse the conclusion of an environmental liability insurance contract. |
| Article 10 (Grounds for conclusion of joint contracts) |
"Where a business owner is highly likely to cause environmental damage or in circumstances prescribed by Presidential Decree" in the former part of Article 18(4) of the Act means any of the following cases: <Amended on Dec. 30, 2016>
| 1. | Where any environmental damage has occurred in a place of business for the most recent three years; |
| 2. | Where a business owner has emitted a pollutant in excess of the permissible discharge standards or permissible emission standards of the pollutant under the statutes and regulations related to the environment and safety, or otherwise there is a high probability that the business owner will cause environmental damage; |
| 3. | Where the premium rates calculation agency established under Article 176 of the Insurance Business Act determines that it is substantially impracticable for an insurer to guarantee its liability for compensation in accordance with the standards for calculation of insurance premium rates and liability reserves prescribed in the same Act. |
| Article 10-2 (Deliberation on environmental liability insurance) |
When the Environmental Health Council under Article 9 of the Environmental Health Act (hereinafter referred to as the “Environmental Health Council”) intends to deliberate on and determine matters regarding environmental liability insurance under Article 19(7) of the Act, the Council shall submit such matters to the Environmental Liability Insurance Committee under Article 7 of the Enforcement Decree of the Environmental Health Act for prior review and deliberation.
[This Article Added on Dec. 24, 2024]
| Article 11 (Period for advance payments) |
"Period prescribed by Presidential Decree" in Article 20(2) of the Act means 30 days; provided, if it is necessary to request a specialized institution, such as a general hospital provided for in Article 3-3 of the Medical Service Act, to investigate environmental damage because an epidemiological investigation or medical opinion is required, the period for investigation shall be excluded from such 30-day period.
| Article 11-2 (Investigation of damage and assessment of damages) |
| (1) | "Environmental damage of at least the scale prescribed by Presidential Decree" in Article 20-2(1) of the Act means an environmental damage, the amount of which is equal to or greater than the standards for deductibles to be borne by business owners under Article 19(1) of the Act. |
| (2) | The Minister of Climate, Energy and Environment may investigate damage and assess the amount of damage under Article 20-2(1) of the Act (hereinafter referred to as "damage investigation, etc.") pursuant to paragraph (2) of that Article, in any of the following cases: <Amended on Oct. 1, 2025> |
| 1. | Where an insurer fails to commence a damage investigation, etc. without good reason, despite a request for the damage investigation, etc.; |
| 2. | Where an insurer falsely or fraudulently notifies the Minister of Climate, Energy and Environment of the results of conducting a damage investigation, etc. |
[This Article Added on Apr. 16, 2024]
| Article 12 (Re-insurance business) |
| (1) | The Minister of Climate, Energy and Environment may operate part of re-insurance by concluding an agreement on the re-insurance with an insurance company that holds a license to engage in re-insurance business referred to in Article 4(1)2e of the Insurance Business Act pursuant to Article 22(1) of the Act. <Amended on Oct. 1, 2025> |
| (2) | An agreement on re-insurance concluded under Article 22(2) of the Act shall include each of the following: |
| 1. | Matters regarding re-insurance premiums and fees; |
| 2. | Matters regarding the period of the agreement on re-insurance; |
| 3. | Matters regarding the scope of liability of re-insurance; |
| 4. | Matters regarding the modification, termination, etc. of the agreement on re-insurance; |
| 5. | Matters regarding the payment of re-insurance proceeds and disputes; |
| 6. | Other matters regarding the operation and management of the re-insurance. |
| (3) | In accordance with Article 22(4) of the Act, the Minister of Climate, Energy and Environment shall entrust an operating institution with the duties vested in him or her in relation to the operation of re-insurance business and the conclusion of agreements prescribed in paragraphs (1) and (2) of the same Article. <Added on Jun. 12, 2018; Oct. 1, 2025> |
CHAPTER IV RELIEF FROM ENVIRONMENTAL DAMAGE
| Article 13 (Kinds of relief money) |
The kinds of relief money provided for in Article 23(1) of the Act shall be as follows:
| 2. | Medical care and living allowances; |
| 4. | Compensation for the bereaved family; |
| 5. | Compensation for property damage. |
| Article 14 (Medical expenses) |
| (1) | In accordance with Article 23 of the Act, the Minister of Climate, Energy and Environment may pay a victim who receives treatment for any injury or disease caused by environmental damage at any health care institution listed in the subparagraphs of Article 42(1) of the National Health Insurance Act (hereafter in this Article referred to as "health care institution") any of the following amounts out of the expenses incurred in receiving the treatment as medical expenses: <Amended on Oct. 1, 2025> |
| 1. | A co-payment made by a victim prescribed in Article 44 of the National Health Insurance Act out of the health care benefits specified in Article 41 of the same Act; provided, the co-payment shall not exceed the ceiling specified in Article 19(2) and Appendix 3 of the Enforcement Decree of the National Health Insurance Act; |
| 2. | A co-payment made by a victim prescribed in Article 10 of the Medical Care Assistance Act out of medical benefits specified in Article 7 of the same Act. |
| (2) | Notwithstanding paragraph (1), where a victim receives medical treatment, medication, or other similar services from any person other than health care institutions for urgent or unavoidable grounds, the Minister of Environment may pay the victim an amount borne by him or her as medical expenses which shall not exceed the equivalent of the medical expenses prescribed in paragraph (1). |
| Article 15 (Medical care and living allowances) |
| (1) | In accordance with Article 23 of the Act, the Minister of Climate, Energy and Environment may pay the victim expenses incurred in receiving medical treatment and care and making a living due to environmental damage as a medical care and living allowance in addition to the medical expenses prescribed in Article 14. <Amended on Oct. 1, 2025> |
| (2) | Standards for the payment of medical care and living allowances prescribed in paragraph (1) shall be as specified in Appendix 5. |
| (3) | Deleted. <Jun. 1, 2021> |
| Article 16 (Funeral expenses) |
| (1) | Where a victim dies due to environmental damage, the Minister of Climate, Energy and Environment may pay funeral expenses to the victim’s bereaved family member who holds a funeral for the victim, in accordance with Article 23 of the Act. <Amended on Oct. 1, 2025> |
| (2) | The funeral expenses prescribed in paragraph (1) shall be an amount equivalent to 897/1,000 of the standard median income defined in subparagraph 11 of Article 2 of the National Basic Living Security Act (referring to the standard median income of a two-person household as at the time an application for payment is filed). |
| Article 17 (Compensation for bereaved family) |
| (1) | Where a victim who was notified of a decision on the payment of relief money prescribed in Article 25(4) of the Act dies mainly due to the recognized cause and there is any bereaved family member who lives together with the victim as at the time of his or her death, the Minister of Climate, Energy and Environment may pay compensation for the bereaved family to such bereaved family member in accordance with Article 23 of the Act. <Amended on Oct. 1, 2025> |
| (2) | The standards for the payment of compensation for the bereaved family prescribed in paragraph (1) shall be as specified in Appendix 6. |
| Article 18 (Compensation for property damage) |
| (1) | The Minister of Climate, Energy and Environment may pay compensation for property damage to a victim to cover part of the property damage out of environmental damage in accordance with Article 23 of the Act; provided, where a victim dies, such compensation for property damage may be paid to the victim’s bereaved family member. <Amended on Oct. 1, 2025> |
| (2) | The maximum amount of compensation for property damage payable to each household or corporation prescribed in paragraph (1) shall be 50 million won. |
| Article 18-2 (Advance payment of relief money for environmental damage) |
| (1) | When the Minister of Climate, Energy and Environment intends to make an advance payment of relief money under Article 23(2) of the Act, the Minister shall, after deliberation and resolution by an environmental dispute resolution and damage relief committee under Article 4 of the Act on Environmental Dispute Resolution and Environmental Damage Relief (hereinafter referred to as the “committee”), publicly announce matters necessary for such advance payment, such as the scope and period of payment. <Amended on Oct. 1, 2025> |
| (2) | “Cases prescribed by Presidential Decree” in Article 23 (2) 3 of the Act means any of the following cases where the committee deliberates and resolves that there is a significant and urgent need for relief from environmental damage: |
| 1. | Cases where environmental damage is confirmed as a result of an investigation under Article 15(1) and (2) of the Environmental Health Act; |
| 2. | Cases where environmental damage is confirmed as a result of an investigation under Articles 26 and 27 of the Act on Environmental Dispute Resolution and Environmental Damage Relief; |
| 3. | Cases where prompt relief for damage is impracticable due to a dispute related to compensation for environmental damage; |
| 4. | Cases equivalent to those specified in subparagraphs 1 through 3 where it is recognized that there is a significant and urgent need for relief from environmental damage. |
[This Article Added on Dec. 24, 2024]
| Article 19 Deleted. <Dec. 24, 2024> |
| Article 20 Deleted. <Dec. 24, 2024> |
| Article 21 (Composition and operation of environmental damage investigation team) |
| (1) | The committee shall establish an environmental damage investigation team (hereinafter referred to as "investigation team") under Article 24(2) of the Act. <Amended on Jun. 12, 2018; Dec. 24, 2024> |
| (2) | An investigation team shall be composed of not more than 20 members, including 1 team leader. <Added on Jun. 12, 2018> |
| (3) | Members of the investigation team shall be appointed or commissioned by the chairperson of the committee from among the following persons, and the team leader shall be appointed by the chairperson from among team members: <Amended on Dec. 24, 2024> |
| 1. | Investigators of the committee’s secretariat; |
| 2. | Executive officers and employees of the operating institution; |
| 3. | Experts, other than those specified in subparagraphs 1 and 2, who have extensive knowledge of and experience in relevant fields such as the environment, health, medicine, and law. |
| (4) | The committee may pay allowances, travel expenses, and other necessary actual expenses necessary for performing duties to members of an investigation team who attend a meeting of the committee or review agenda items within the budget; provided, no such payments shall be made if a public official attends a meeting of the committee or reviews agenda items directly related to his or her duties. <Amended on Dec. 24, 2024> |
| (5) | Deleted. <Dec. 24, 2024> |
| (6) | Deleted. <Dec. 24, 2024> |
| Article 22 (Restrictions on payment of relief money) |
| (1) | When the committee intends to decide to suspend relief money under Article 26(1) of the Act, it shall in advance issue a person entitled to relief money with a written demand requiring such person to eliminate any ground for suspending relief money for a specified period of up to 15 days. <Amended on Jun. 12, 2018; Dec. 24, 2024> |
| (2) | If a person entitled to relief money fails to take a corrective measure as demanded within the period prescribed in paragraph (1), the committee may decide to suspend all or part of the relief money from the day following the date of expiration of the period prescribed in paragraph (1) to the day before the date of finishing correction. <Amended on Jun. 12, 2018; Dec. 24, 2024> |
| (3) | Upon receipt of notification of a decision to suspend the payment under Article 26(3) of the Act, the Minister of Climate, Energy and Environment (including an institution entrusted with the tasks regarding the payment of relief money under Article 44(2) of the Act) shall, without delay, suspend the payment of relief money. <Added on Dec. 24, 2024; Oct. 1, 2025> |
| Article 23 Deleted. <Dec. 24, 2024> |
| Article 24 (Management and operation of relief account) |
| (1) | The Minister of Climate, Energy and Environment may manage and operate the surplus fund in the relief account as follows, in accordance with Article 37(3) of the Act: <Amended on Apr. 16, 2024; Oct. 1, 2025> |
| 1. | Making a deposit or placing in a money trust with a financial institution or postal service agency; |
| 2. | Purchasing securities which are directly issued, or the redemption of which is guaranteed, by the State, a local government or a financial institution; |
| 3. | Purchasing securities defined in Article 4 of the Financial Investment Services and Capital Markets Act; |
| 4. | Acquiring and disposing of real estate for business purposes to increase the fund in the relief account. |
| (2) | The Minister of Climate, Energy and Environment shall keep the relief account in accordance with the business accounting principles. <Amended on Apr. 16, 2024; Oct. 1, 2025> |
CHAPTER Ⅴ SUPPLEMENTARY PROVISIONS
| Article 25 (Building and operation of computer systems) |
| (1) | The Minister of Climate, Energy and Environment may perform the following activities to build and operate the computer system and the computer network for environmental liability insurance in accordance with Article 38(1) and (2) of the Act: <Amended on Apr. 16, 2024; Oct. 1, 2025> |
| 1. | Building, operating, compiling, and managing statistical data on information about environmental liability insurance; |
| 2. | Collection and management of data from fact-finding surveys on environmental safety control under Article 38-2 of the Act; |
| 3. | Installing and managing computers, communications equipment, etc. to operate the computer system and the computer network for environmental liability insurance; |
| 4. | Other activities necessary for building and operating the computer system and the computer network for environmental liability insurance. |
| (2) | Data or information that the Minister of Climate, Energy and Environment may request from agencies for authorization or permission (including registration, report, and modification; hereafter the same shall apply in this Article), insurers, relevant organizations, etc. prescribed in Article 38(3) of the Act in order to build and operate the computer system and the computer network for environmental liability insurance shall be as follows: <Amended on Oct. 1, 2025> |
| 1. | Data on authorization and permission for, and dispositions against, facilities prescribed in Article 3 of the Act; |
| 2. | Data on contracts for environmental liability insurance, contract modification and termination, advance payment of insurance proceeds, and insurance proceeds; |
| 3. | Data on indemnity contracts, contract modification and termination, and indemnity payments; |
| 4. | Other data or information the Minister of Climate, Energy and Environment may deem necessary for building and operating the computer system and the computer network for environmental liability insurance. |
| Article 26 (Scope of data available for use) |
"Data prescribed by Presidential Decree" in Article 38(4)3 of the Act means the names of business or places of business, locations, business registration numbers (including corporation registration numbers in cases of corporations) and numbers of regular workforce, from among data on employment insurance policy holders prescribed in the Employment Insurance Act.
| Article 27 (Standards for subsidization) |
| (1) | A business owner eligible for partial financial support for premiums prescribed in Article 41(1) of the Act shall meet the following requirements: |
| 1. | The business owner has not caused environmental damage for the recent three years; |
| 2. | The business owner has not been subject to any administrative disposition or criminal penalty for violating any statute and regulation related to the environment and safety for the recent three years; |
| 3. | The business owner shall have fulfilled its responsibilities prescribed in Article 4(3) of the Act; |
| 4. | The business owner’s annual premium shall exceed his or her annual operating profit at a specified rate. |
| (2) | The period for which a business owner can receive financial support prescribed in Article 41(1) of the Act shall not exceed five years from the year in which the business owner first receives financial support. |
| (3) | Detailed standards, such as the rate of financial support for premiums, the maximum amount of financial support per business owner, and methods of payment, prescribed in Article 41(1) of the Act shall be prescribed by the Minister of Climate, Energy and Environment, taking into account the budget, etc. <Amended on Oct. 1, 2025> |
| Article 28 (Scope of socially disadvantaged class) |
"Socially disadvantaged class prescribed by Presidential Decree, such as low-income earners, senior citizens, the weak, and persons with disabilities" in Article 42(1) of the Act means any of the following persons: <Amended on Jun. 7, 2022; Oct. 1, 2025>
| 1. | A person, the average monthly income of whose household does not exceed 60/100 of the average monthly income of all households; |
| 2. | A person who is at least 65 years old; |
| 3. | A person with a disability defined in subparagraph 1 of Article 2 of the Act on the Employment Promotion and Vocational Rehabilitation of Persons with Disabilities; |
| 4. | A youth defined in subparagraph 1 of Article 2 of the Special Act on the Promotion of Youth Employment who is a recipient of an employment promotion subsidy prescribed in the subparagraphs of Article 26(1) of the Enforcement Decree of the Employment Insurance Act; |
| 5. | A career-interrupted woman under the Act on the Promotion of Economic Activities and Prevention of Career Interruption of Women who is a recipient of an employment promotion subsidy prescribed in the subparagraphs of Article 26(1) of the Enforcement Decree of the Employment Insurance Act; |
| 6. | A resident escaping from North Korea defined in subparagraph 1 of Article 2 of the North Korean Refugees Protection and Settlement Support Act; |
| 7. | A person entitled to veterans benefits defined in subparagraph 2 of Article 3 of the Framework Act on Veterans Affairs; |
| 8. | Other persons recognized by the Minister of Climate, Energy and Environment as requiring assistance in litigation. |
| Article 29 (Standards for administrative dispositions) |
The standards for administrative dispositions provided for in Article 43(1) of the Act shall be as specified in Appendix 7.
| Article 30 (Delegation of authority) |
| (1) | In accordance with Article 44(1) of the Act, the Minister of Climate, Energy and Environment shall delegate the following authority over the facilities listed in subparagraphs 1 through 9 and 11 of Article 3 of the Act (excluding the facilities provided for in paragraph (2)) to 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"): <Amended on Jun. 12, 2018; Oct. 1, 2025> |
| 1. | Orders to report, entry, inspection and inquires prescribed in Article 39(2) of the Act; |
| 2. | An order of business suspension prescribed in Article 43(1) of the Act; |
| 3. | Imposition and collection of administrative fines prescribed in Article 49 of the Act. |
| (2) | In accordance with Article 44(1) of the Act, the Minister of Climate, Energy and Environment shall delegate the authority provided for in the subparagraphs of paragraph (2) over specified wastes treatment facilities among the facilities described in subparagraph 3 of Article 3 of the Act and the facilities described in subparagraph 7 of the same Article to the head of a river basin environmental office or the head of a regional environmental office. <Amended on Oct. 1, 2025> |
| (3) | In accordance with Article 44(1) of the Act, the Minister of Climate, Energy and Environment shall delegate the authority provided for in the subparagraphs of paragraph (1) over the facilities described in subparagraph 10 of Article 3 of the Act to the head of a regional office of oceans and fisheries. <Added on Jun. 12, 2018; Oct. 1, 2025> |
| Article 31 (Supervision following delegation of authority) |
| (1) | Notwithstanding Article 30, the Minister of Climate, Energy and Environment may directly inspect or verify whether each of the facilities listed in the subparagraphs of Article 3 of the Act (excluding the facilities described in subparagraph 10 of Article 3 of the Act) violates any statute and regulation related to the environment and safety, or may require the head of a river basin environmental office or the head of a regional environmental office to inspect or verify the same, if deemed specifically necessary for managing insurance liability insurance. <Amended on Oct. 1, 2025> |
| (2) | Where any place of business is found to violate any statute and regulation related to the environment and safety by an inspection or verification conducted under paragraph (1), the Minister of Climate, Energy and Environment, the head of a river basin environmental office or the head of a regional environmental office shall notify the relevant Mayor/Do Governor of the details of the violation and his or her view on taking actions. <Amended on Oct. 1, 2025> |
| (3) | A Mayor/Do Governor notified under paragraph (2) shall take actions accordingly, and shall report or notify the results of the actions to the Minister of Climate, Energy and Environment, the head of a river basin environmental office or the head of a regional environmental office. <Amended on Oct. 1, 2025> |
A Mayor/Do Governor, the head of a river basin environmental office, the head of a regional environmental office, or the head of a regional office of oceans and fisheries shall file a report with the Minister of Climate, Energy and Environment, as prescribed by Decree of the Ministry of Climate, Energy and Environment, where he or she performs the duties delegated under Article 44(1) of the Act. <Amended on Jun. 12, 2018; Oct. 1, 2025>
| Article 33 (Entrustment of tasks) |
| (1) | The Minister of Climate, Energy and Environment shall entrust the following tasks to the head of the operating institution under Article 44(2) of the Act: <Amended on Jun. 12, 2018; Apr. 16, 2024; Dec. 24, 2024; Oct. 1, 2025> |
| 1. | Tasks regarding claims for relief money under Article 23(4) of the Act; |
| 2. | Deleted; <Dec. 24, 2024> |
| 3. | Tasks regarding the suspension of relief money under Article 25(5) of the Act; |
| 4. | Deleted; <Dec. 24, 2024> |
| 5. | Deleted; <Dec. 24, 2024> |
| 6. | Deleted; <Dec. 24, 2024> |
| 7. | Deleted; <Dec. 24, 2024> |
| 8. | Tasks regarding the establishment and operation of the Environmental Damage Relief Account, borrowing of funds, receipt of donated money and goods, and establishment and management of the Donation Account under Article 35 of the Act. |
| 9. | The duty to manage and operate the account for relief from environmental damage and to recover relief money and pay such money into the account under Article 37(1) through (4) of the Act. |
| (2) | The Minister of Climate, Energy and Environment shall entrust the duties to operate the computer system and the computer network for environmental liability insurance to any of the following institutions in accordance with Article 44(3) of the Act: <Amended on Jun. 12, 2018; Apr. 16, 2024; Oct. 1, 2025> |
| 1. | The Environmental Liability Insurance Business Group established under Article 18(2) of the Act (hereinafter referred to as the "insurance business group"); |
| 2. | A premium rates calculation agency established under Article 176 of the Insurance Business Act; |
| 3. | An insurance-related organization listed in Article 178 of the Insurance Business Act; |
| 4. | The Korea Environmental Industry and Technology Institute established under the Korea Environmental Industry and Technology Institute Act (hereinafter referred to as the "Korea Environmental Industry and Technology Institute"). |
| (3) | The Minister of Climate, Energy and Environment shall entrust his or her duty to evaluate the status of environmental safety control prescribed in Article 38-2(1) of the Act to the Insurance Business Group pursuant to Article 44(3) of the Act. <Amended on Jun. 12, 2018; Apr. 16, 2024; Oct. 1, 2025> |
| (4) | The Minister of Climate, Energy and Environment shall delegate the following duties to the Korea Environmental Industry and Technology Institute in accordance with Article 44(3) of the Act: <Added on Jun. 12, 2018; Apr. 16, 2024; Oct. 1, 2025> |
| 1. | The duty to conduct damage investigations, etc. under Article 20-2(2) of the Act; |
| 2. | The duty to notify the commencement of damage investigations, etc. and the results thereof under Article 20-2(3) of the Act; |
| 3. | The duty to conduct scientific surveys and research and to develop relevant technologies prescribed in Article 40(1) of the Act; |
| 4. | The duty to educate and train experts prescribed in Article 40(2) of the Act; |
| 5. | The duty to operate an attorney group supporting environmental damage litigation prescribed in Article 42 of the Act. |
| (5) | The Minister of Climate, Energy and Environment shall delegate his or her duty to develop insurance products prescribed in Article 40(3) of the Act to a premium rates calculation agency established under Article 176 of the Insurance Business Act in accordance with Article 44(3) of the Act. <Added on Jun. 12, 2018; Oct. 1, 2025> |
| (6) | The Minister of Climate, Energy and Environment shall give public notice of the name of an institution or agency entrusted with the duties prescribed in paragraph (2) or (5), its representative, and details of the entrusted duties. <Added on Jun. 12, 2018; Oct. 1, 2025> |
| (7) | The committee shall entrust the following tasks to the head of the operating institution under Article 44(4) of the Act: <Added on Dec. 24, 2024> |
| 1. | Tasks regarding preliminary investigations and full investigations under Article 25(2) and (4) of the Act; |
| 2. | Tasks regarding the prior review of materials for a decision to suspend the payment of relief money under Article 26 of the Act; |
| 3. | Tasks regarding the prior review of materials for a decision on a request for reconsideration under Article 30 of the Act. |
| (8) | An institution entrusted with tasks under Article 12(3) and paragraphs (1) through (5) of this Article shall submit to the Minister of Climate, Energy and Environment, and an institution entrusted with tasks under paragraph (7) of this Article shall submit to the committee, by November 30 each year, its operational plan and a statement of necessary expenses for the following year for approval. The same shall apply if such institution intends to modify the approved operational plan and necessary expenses. <Amended on Jun. 12, 2018; Dec. 24, 2024; Oct. 1, 2025> |
| (9) | An institution entrusted with tasks under Article 12(3) and paragraphs (1) through (5) of this Article shall submit to the Minister of Climate, Energy and Environment, and an institution entrusted with tasks under paragraph (7) of this Article shall submit to the committee, by January 31 each year, the previous year’s performance of tasks and a statement of expenses incurred. <Amended on Jun. 12, 2018; Dec. 24, 2024; Oct. 1, 2025> |
| Article 34 (Processing of sensitive information and personally identifiable information) |
The Minister of Climate, Energy and Environment (including a person entrusted with the duties of the Minister under Article 33(1) through (5)), the committee (including a person entrusted with the business affairs of the committee under Article 33(7)), and the head of the operating institution may process information on health under Article 23 of the Personal Information Protection Act or data containing resident registration numbers, passport numbers, driver’s license numbers, or foreigner registration numbers under Article 19 of the Enforcement Decree of that Act, if inevitable for performing the following business affairs: <Amended on Dec. 24, 2024; Oct. 1, 2025>
| 1. | Deleted; <Dec. 24, 2024> |
| 2. | Business affairs regarding indemnity contracts concluded under Article 17(2) of the Act; |
| 3. | Business affairs regarding conducting damage investigations, etc. under Article 20-2(2) of the Act; |
| 4. | Business affairs regarding the application for, and payment and advance payment of, relief money under Articles 23, 25, and 34 of the Act; |
| 4-2. | Business affairs regarding the request for re-examination under Article 28 of the Act; |
| 5. | Business affairs regarding support for litigations seeking compensation for damage for the socially disadvantaged class under Article 42 of the Act. |
[This Article Wholly Amended on Apr. 16, 2024]
| Article 34-2 (Re-examination of regulation) |
The Minster of Climate, Energy and Environment shall examine the appropriateness of the following matters every 3 years, counting from each base date specified in the following (referring to each period ending before January 1 of every third year) and shall take measures, such as making improvements: <Amended on Mar. 12, 2025; Oct. 1, 2025>
| 1. | The scope of marine facilities under Article 3 and Appendix 1: January 1, 2022; |
| 2. | Facilities subject to compulsory subscription to environmental liability insurance, the scope of coverage of the environmental liability insurance or indemnity contract, and the grounds for refusal to conclude a contract under Articles 7 through 9: January 1, 2025; |
| 3. | Deleted. <Mar. 12, 2025> |
[This Article Added on Mar. 8, 2022]
CHAPTER Ⅵ PENALTY PROVISIONS
| Article 35 (Criteria for imposition of administrative fines) |
The criteria for imposing administrative fines provided for in Article 49(1) and (2) of the Act shall be as specified in Appendix 8.
ADDENDUM <Presidential Decree No. 26806, Dec. 30, 2015>
This Decree shall enter into force on January 1, 2016; provided, Articles 7 and 8 and Appendices 3 and 4 shall enter into force on July 1, 2016.
ADDENDA <Presidential Decree No. 27737, Dec. 30, 2016>
Article 1 (Enforcement date)
This Decree shall enter into force on January 1, 2017.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 27810, Jan. 26, 2017>
Article 1 (Enforcement date)
This Decree shall enter into force on January 28, 2017. (Proviso Omitted.)
Articles 2 through 4 Omitted.
Article 5 Omitted.
ADDENDA <Presidential Decree No. 27965, Mar. 27, 2017>
Article 1 (Enforcement date)
This Decree shall enter into force on the date the Minamata Convention on Mercury takes effect in the Republic of Korea. (Proviso Omitted.)
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 28583, Jan. 16, 2018>
Article 1 (Enforcement date)
This Decree shall enter into force on January 18, 2018.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 28966, Jun. 12, 2018>
This Decree shall enter into force on June 13, 2018.
ADDENDUM <Presidential Decree No. 29950, Jul. 2, 2019>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 31212, Dec. 1, 2020>
Article 1 (Enforcement date)
This Decree shall enter into force on December 4, 2020.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 31576, Mar. 30, 2021>
Article 1 (Enforcement date)
This Decree shall enter into force on April 1, 2021. (Proviso omitted.)
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 31719, Jun. 1, 2021>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to payment of medical care and living allowances following changes in standards for payment of medical care and living allowances)
| (1) | The Minister of Environment shall redetermine the grade of injury for a person who receives medical care and living allowances pursuant to the previous Article 15(3) and Appendix 5 as at the time this Decree enters into force within six months after this Decree enters into force. |
| (2) | Where there is a difference from the month in which the date of enforcement of this Decree falls to the month in which the grade of injury is determined again pursuant to paragraph (1) to the payment standard under the amended provisions of Appendix 5, the Minister shall pay an amount equivalent to the difference. |
ADDENDUM <Presidential Decree No. 32528, Mar. 8, 2022>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 32674, Jun. 7, 2022>
Article 1 (Enforcement date)
This Decree shall enter into force on June 8, 2022.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 33004, Nov. 29, 2022>
Article 1 (Enforcement date)
This Decree shall enter into force on December 1, 2022. (Proviso Omitted.)
Articles 2 through 15 Omitted.
Article 16 Omitted.
Article 17 Omitted.
ADDENDUM <Presidential Decree No. 34414, Apr. 16, 2024>
This Decree shall enter into force on April 19, 2024.
ADDENDA <Presidential Decree No. 35094, Dec. 24, 2024>
Article 1 (Enforcement date)
This Decree shall enter into force on January 1, 2025.
Article 2 (Applicability to coverage amounts)
The amended provisions of subparagraphs 2 and 3 of Appendix 4 shall begin to apply to cases where a person subscribes to or renews environmental liability insurance, or concludes or renews an indemnity contract, after this Decree enters into force.
Article 3 (Special cases regarding standards for payment of medical care and living allowances)
Notwithstanding the amended provisions subparagraph 1b of the Note of Appendix 5, medical care and living allowances shall be paid on a monthly basis for the period from the month specified in subparagraph 1 to the month specified in subparagraph 2, to a victim who has received, before this Decree enters into force, notification of a decision on the payment of relief money under Article 25(4) of the Act and who receives advance payment of medical care and living allowances under Article 23(2) of the Act:
| 1. | The month following the month in which the application for relief money was filed before this Decree enters into force; |
| 2. | The month in which the fifth anniversary of the date on which the grade of injury was determined for the application for relief money under subparagraph 1 falls. |
ADDENDUM <Presidential Decree No. 35382, Mar. 12, 2025>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 35804, Oct. 1, 2025>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, the amendments to the Presidential Decrees to be amended under Article 6 of the Addenda, which were promulgated before this Decree enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Presidential Decree.
Articles 2 through 4 Omitted.
Article 5 Omitted.