Statutes of the Republic of Korea

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Article 1 (Purpose)

The purpose of this Act is to protect residents' health, and create a pleasant living environment in the metropolitan area by implementing comprehensive policies and systematically controlling air pollutants in order to improve the air environment of the metropolitan area.

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 2 (Definitions)

The definitions of the terms to be used in this Act shall be as follows:

1.	The term "metropolitan area" means Seoul Special Metropolitan City, Incheon Metropolitan City and Gyeonggi-do region;

2.	The term "atmosphere control zone" means a region prescribed by Presidential Decree, from among the following regions:

(a)	A region acknowledged having serious air pollution from among the metropolitan area;

(b)	A region air pollutants discharged from which are acknowledged to have serious influence on air pollution of the metropolitan area, from among the metropolitan area;

3.

The term "emission facilities" means facilities, machinery, apparatuses and other objects which emit pollutants into the air and include air-pollutant emitting facilities under subparagraph 11 of Article 2 of the Clean Air Conservation Act and those determined by the Minister of Environment in the form of Ministerial Decree of Environment through consultation with the Minister of Knowledge Economy;

4.	The term "emission volume" means the weight-converted volume of air pollutants discharged from emission sources of air pollutants, such as emission facilities, automobiles, etc.;

5.

The term "optimal prevention facilities" means facilities currently being used from among air-pollution preventive facilities under subparagraph 12 of Article 2 of the Clean Air Conservation Act or acknowledged to have excellent reduction efficiency from among air-pollutant reducing technologies applicable considering potential of technical development in the future, as determined by Ordinance of Ministry of Environment through consultation with the Minister of Knowledge Economy;

6.	The term "low-pollution automobiles" means the following automobiles prescribed by Presidential Decree:

(a)	Automobiles emitting no air pollutants;

(b)	Automobiles emitting less than pollutants the permissible emission levels for manufactured automobiles as provided for in Article 46 of the Clean Air Conservation Act.

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 3 (Relationship with Clean Air Conservation Act)

This Act shall take precedence over the Clean Air Conservation Act and the matters not provided for in this Act shall be governed by the Clean Air Conservation Act.

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 4 (Responsibilities of State and Local Governments)

(1)	The State shall formulate and implement comprehensive policies for the improvement of the atmospheric environment of the metropolitan area.

(2)

Any local government which has an atmosphere control zone under its jurisdiction (hereinafter referred to as the "local government") shall formulate and implement detailed policies for the improvement of the atmospheric environment considering social and environmental characteristics of its jurisdiction.

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 5 (Business Operators's Responsibilities)

Any person who conducts business activities (including running automobiles owned by him or her for the relevant business activities; the same shall apply hereinafter) within the atmosphere control zone shall actively arrange measures necessary for preventing air pollution resulting from the said business activities and actively cooperate in atmospheric environment conservation policies implemented by the State or local governments.

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 6 (Residents' Responsibilities)

Residents living in an atmosphere control zone shall endeavor to reduce air pollution in their daily lives, such as running automobiles, etc. and actively cooperate in atmospheric environment conservation policies implemented by the State or local governments.

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 7 (Execution, etc. of Basic Investigations)

(1)

Where necessary to implement this Act, the Minister of Environment may conduct basic investigations on the population, housing, industries, automobiles, traffic, use of energy, etc. for atmosphere control zones or request the heads of relevant administrative agencies for submission of necessary material or support.

(2)	The heads of relevant administrative agencies upon receiving a request under paragraph (1) shall comply with such a request unless any special ground exists to the contrary.

(3)	The Minister of Environment shall conduct necessary investigations on the extent of hazard, causes of hazard, etc. to reduce hazard resulted from air pollution in the metropolitan area.

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 8 (Formulation, etc. of Master Plans)

(1)

To improve the atmospheric environment of the metropolitan region, the Minister of Environment shall formulate a master plan for metropolitan atmospheric environmental control (hereinafter referred to as "master plan") aiming to reduce air pollutants falling under the following subparagraphs on a ten-year basis by hearing opinions of the heads of central administrative agencies concerned, the Seoul Special Metropolitan City Mayor, the Incheon Metropolitan City Mayor, the Governor of Gyeonggi-do (hereinafter referred to as the "Seoul Special Metropolitan City Mayor and others") and other relevant Do Governors:

1.	Nitrogen oxides;

2.	Sulfur oxides;

3.	Volatile organic compounds;

4.	Dust (including fine particles; the same shall apply hereinafter).

(2)	A master plan shall include each of the followings:

1.	Matters concerning objectives and basic directions for the improvement of the atmospheric environment;

2.	Matters concerning the current status and outlook of emission volume of air pollutants by emission source;

3.	Current status and outlook of air pollution levels;

4.	Total permissible emission volume of air pollutants by emission source in atmosphere control zones;

5.	Mitigation plans for emission volume of air pollutants by emission source in atmosphere control zones;

6.	Total permissible emission volume of air pollutants (hereinafter referred to as "regional total permissible volume of emissions") by Seoul Special Metropolitan City, Incheon Metropolitan City and Gyeonggi-do (hereinafter referred to as "Cities/Do");

7.	Matters concerning the spread of low-pollution automobiles;

8.	Allocation standards for total permissible volume of emission of pollutants subject to total volume control (referring to nitrogen oxides, sulfur oxides and dust; the same shall apply hereinafter) at places of business within atmosphere control zones;

9.	Support to places of business to which the total permissible emission volume of pollutants subject to total volume control is allocated;

10.	Support to local governments or business operators for atmospheric environment improvement projects of the metropolitan area;

11.	Matters concerning the scale of financial resources necessary for the implementation of master plans and plans for raising financial resources;

12.	Other matters prescribed by Presidential Decree as deemed necessary for the improvement of the atmospheric environment of the metropolitan area.

(3)	Where deemed necessary to modify a master plan when five years have passed since the master plan is formulated or the heads of central administrative agencies concerned request for modifications, the Minister of Environment may do so by reviewing whether such modification is feasible.

(4)

Where the Minister of Environment intends to formulate or modify a master plan, he or she shall confirm the formulation or modification through deliberations by the Metropolitan Atmospheric Environment Management Committee under Article 11 after consulting with the heads of central administrative agencies concerned and the Seoul Special Metropolitan City Mayor and others and publish major details in the official gazette.

(5)	The Minister of Environment shall consider the air pollution level of the metropolitan area, developing trends of environment technologies, the need to newly install or expand factories, emission loads of air pollutants by emission source, etc. when formulating a master plan.

(6)

The Minister of Environment may form and operate a support unit for metropolitan atmospheric environment research as determined by Ordinance of Ministry of Environment by consulting with the heads of central administrative agencies concerned in order for investigations and research necessary for formulating a master plan.

(7)	The Minister of Environment shall prepare performance reports of the master plan as prescribed by Presidential Decree by consolidating performance records of implementation plans reported under Article 9 (3) and submit them to the National Assembly.

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 9 (Formulation, etc. of Implementation Plans)

(1)

The Seoul Special Metropolitan City Mayor and others shall formulate detailed plans (hereinafter referred to as "implementation plan") to implement a master plan in the relevant jurisdiction and obtain approval from the Minister of Environment and the same shall apply to cases where modifications are made to any of such plans.

(2)

Where the Minister of Environment is requested to approve an implementation plan under paragraph (1), he or she shall grant approval through deliberations by the Metropolitan Atmospheric Environment Management Committee under Article 11 and the Seoul Special Metropolitan City Mayor and others shall publish major details of the implementation plan approved by the Minister of Environment in the official gazette of relevant Cities/Do.

(3)	The Seoul Special Metropolitan City Mayor and others shall report performance records of implementation plans to the Minister of Environment every year.

(4)	Matters necessary for the formulation and implementation of implementation plans, reporting on performance records thereof, etc. shall be determined by Ministerial Decree of Environment.

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 10 (Formulation and Implementation of Environment-Friendly Development Plans)

Where the heads of central administrative agencies or the Seoul Special Metropolitan City Mayor and others formulate plans falling under the following, he or she shall formulate them in an environment-friendly manner to minimize air pollution generated in the metropolitan area due to the implementation of such plans: <Amended by Act No. 9772, Jun. 9, 2009; Act No. 9931, Jan. 13, 2010>

1.	Metropolitan planning under Article 11 of the National Land Planning and Utilization Act;

2.	Energy master plans under Article 41 of the Framework Act on Low Carbon, Green Growth;

3.	National infra-transport network planning under Article 4 of the National Transport System Efficiency Act;

4.	Wide-transport master plans for metropolitan areas and implementation plans for metropolitan transport in metropolitan areas under Articles 3 and 3-2 of the Special Act on the Management of Metropolitan Transport in Metropolitan Areas;

5.	Other plans prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 11 (Metropolitan Atmospheric Environment Management Committee)

(1)	The Government shall establish the Metropolitan Atmospheric Environment Management Committee (hereinafter referred to as the "Committee") to deliberate and coordinate matters falling under the following subparagraphs with the aim of improving the atmospheric environment of the metropolitan area;

1.	Master plans and implementation plans;

2.	Matters concerning control of total volume of pollutants in any place of business;

3.	Other matter prescribed by Presidential Decree as necessary for the improvement of the atmospheric environment of the metropolitan region.

(2)

The Committee shall be chaired by the Minister of the Environment and the Vice Ministers of central administrative agencies concerned prescribed by Presidential Decree, the Deputy Mayors of the Seoul Special Metropolitan City and the Incheon Metropolitan City and the Deputy Governor of Gyeonggi-do shall be the members of the Committee.

(3)	The Chairperson shall represent the Committee and take overall control over the affairs of the Committee.

(4)	A secretariat may be established under the Ministry of Environment as prescribed by Presidential Decree to handle the affairs of the Committee.

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 12 (Working Committees for Metropolitan Atmospheric Environmental Management)

(1)

Working committees for metropolitan atmospheric environment management (hereinafter referring to as the "working committees") which consist of public officials of central administrative agencies concerned and Cities/Do and persons having much knowledge on and experience in the atmospheric environment shall be established under the Committee.

(2)	The working committees shall handle each of the followings:

1.	Coordination and review of agenda to be deliberated by the Committee;

2.	Matters delegated by the Committee as prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 13 (Formation, Operation, etc. of Committee)

Matters necessary for formation, operation, etc. of the Committee and working committees shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 14 (Permission for Installation of Place of Business)

(1)

Any person who intends to install a place of business emitting the pollutants subject to total volume control exceeding the emission volume prescribed by Presidential Decree in an atmosphere control zone or alter his or her place of business to that equivalent thereto, shall obtain permission for installation of place of business from the Minister of Environment as determined by Ministerial Decree of Environment; the same shall also apply to cases where changes are made to permitted matters.

(2)	Where the Minister of Environment grants permission or permission for alteration under paragraph (1), he or she shall do so on condition that optimal prevention facilities be installed.

(3)

Any person who has already obtained permission for installation or alteration or has already installed or is installing a place of business under paragraph (1) after filing a report on installation or alteration under Article 23 of the Clean Air Conservation Act within the relevant atmosphere control zone as at the time atmosphere control zones are designated shall be deemed to have obtained permission for establishment of place of business under the main sentence of paragraph (1). In such cases, the person who has already installed or is installing the place of business in question shall file a report on matters determined by Ministerial Decree of Environment with the Minister of Environment within the period determined by Ministerial Decree of Environment from the date atmosphere control zones are determined.

(4)

Any person who obtains permission for installation or alteration of place of business under paragraph (1) shall be deemed to have obtained permission for installation or alteration, or have filed a report on installation or alteration (including cases deemed granted under Article 24 of the same Act) under Article 23 of the Clean Air Conservation Act.

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 15 (Restrictions on Permission)

Where the Minister of Environment receives an application for permission for installation or alteration of place of business under Article 14 (1), he or she shall not grant permission if the installation or alteration of the said place of business exceeds the regional total permissible volume of emissions: Provided, That the Minister of Environment may grant permission to place of business of which the Minister of Knowledge Economy requests for permission for installation or alteration to the Minister of Environment and the unavoidable need of which is acknowledged as a result of deliberations by the Committee.

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 16 (Allocation, etc. of Total Permissible Volume of Emission)

(1)

The Minister of Environment shall allocate the total permissible volume of emissions of pollutants subject to total volume control by classifying it annually on a five-year basis in accordance with the allocation standards for total permissible volume of emission under Article 8 (2) 8 to persons, who has obtained permission for installation or alternation of place of business under Article 14 (1) and the person deemed to have obtained permission for installation of place of business under paragraph (3) of the same Article (hereinafter referred to as "business operator").

(2)	The Minister of Environment shall consider each of the following when allocating total permissible volume of emissions to a business operator under paragraph (1):

1.	Mitigation plans for emission volume under Article 8 (2) 5;

2.	Regional total permissible volume of emission;

3.	Emission volume of pollutants subject to total volume control and volume of energy consumption in the relevant place of business for the latest five years;

4.	Level of optimal prevention facilities and extent of pollutants subject to total volume control that can be additionally mitigated in the future;

5.	The relevant business operator's annual mitigation plans for pollutants subject to total volume control;

6.	Consulting results by the support unit for metropolitan atmospheric environment research under Article 8 (6);

7.	Other matters determined by Ordinance of Ministry of Environment.

(3)

A business operator to whom the total permissible volume of emission is allocated under paragraph (1) (hereinafter referred to as "business operator under total volume control") shall not emit pollutants subject to total volume control exceeding the total permissible volume of emission for the corresponding year.

(4)

Each business operator under total volume control shall calculate the emission volume and record and keep calculation results by installing and operating equipment capable of measuring the emission volumes of the pollutants subject to total volume control as prescribed by Presidential Decree: Provided, That where it is difficult to install and operate such measuring equipment due to characteristics of emission facilities, the emission volume shall be calculated as determined by Ordinance of Ministry of Environment.

(5)	A business operator under total volume control shall submit the calculation result of emission volume under paragraph (4) to the Minister of Environment as determined by Ordinance of Ministry of Environment.

(6)	The Minister of Environment may request for necessary material to project operators when allocating the total permissible volume of emission under paragraph (1).

(7)	Matters necessary for allocation timing, procedures, methods, etc. of the total permissible volume of emission shall be determined by the Minister of Environment in the form of Ordinance of Ministry of Environment through consultation with the Minister of Knowledge Economy.

(8)

The Minister of Environment may operate a computer network capable of electronically processing measurement results by connecting to measuring equipment installed by a business operator under total volume control to measure the emission volume in accordance with paragraph (4) and lend technical support to a business operator under total volume control to install and operate measuring equipment normally.

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 16-2 (Raising Objections)

(1)

Any business operator under total volume control who has an objection about the total permissible volume of emission allocated under Article 16 (1) or the calculation result of the emission volume submitted under paragraph (5) of the same Article may raise an objection, in writing, to the Minister of Environment within 30 days from the date the total permissible volume of emission is allocated or the results of calculation of the emission volume is submitted.

(2)

The Minister of Environment shall make a decision about the objection raised within seven days from the date such objection is filed and inform the applicant of the result in writing immediately: Provided, That if it is impossible to make a decision within seven days due to inevitable reasons, the Minister of Environment may extend the period within the extent not exceeding seven days and inform the applicant of the grounds for extension in writing.

(3)	Matter necessary for procedures of raising objections, notification of decision, etc. under paragraphs (1) and (2) shall be determined by Ordinance of Ministry of Environment.

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 17 (Special Cases on Emission Dues, etc.)

(1)	For a business operator under total volume control, the Minister of Environment may reduce or exempt the emission dues under Article 35 of the Clean Air Conservation Act or may not apply sulfur content level of fuels under Article 41 of the same Act as prescribed by Presidential Decree.

(2)

With regard to emission facilities in the place of business established and operated by a business operator under total volume control, the Minister of Environment may determine the permission level of emission for pollutants subject to total volume control to which the total permissible volume of emission is allocated, differently from the permission emission level under Article 16 (1) of the Clean Air Conservation Act.

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 18 (Transfer of Total Permissible Volume of Emission)

(1)	A business operator under total volume control may transfer a portion of the annual total permissible volume of emission allocated to another business operators under total volume control through sales, etc. within the pertinent year for each pollutant subject to total volume control

(2)

Any person who intends to transfer a portion of the total permissible volume of emissions to another business operator under total volume control under paragraph (1) shall be confirmed by the Minister of Environment by submitting evidentiary documents on transfer, such as a transfer contract, etc. signed by both parties.

(3)

It shall be deemed that the total permissible volume of emission for any person who has transferred the total permissible volume of emission under paragraph (1) is reduced by the volume he or she has transferred in the pertinent year, and any person who obtains such transferred shall be deemed to have the increased total permissible volume of emission increased by the volume transferred in the pertinent year.

(4)

Where a business operator under total volume control fails to use the total permissible volume of emissions transferable under paragraph (1) in the pertinent year, the Minister of Environment may add a portion thereof to the total permissible volume of emission allocated for the said business operator under total volume control in the following year, within the extent prescribed by Presidential Decree.

(5)	Matters necessary for transferable volume of the total permissible volume emission, scope of areas, transfer procedures, etc. under paragraph (1) shall be determined by Ministerial Decree of Environment.

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 19 (Adjustment of Total Permissible Volume of Emissions)

(1)

Where the Minister of Knowledge Economy requests the Minister of Environment to adjust the total permissible volume of emission for a business operator under total volume control by reason of energy and power supply, the Minister of Environment may adjust the total permissible volume of emission for the pertinent year through deliberations by the Committee.

(2)

Where a business operator under total volume control emits the pollutants subject to total volume control exceeding the annual total permissible volume of emission, the Minister of Environment may reduce the total permissible volume of emission for the following year within the extent of two times the volume of emissions in excess, as prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 20 (Dues for Release in Excess of Total Volume)

(1)	The Minister of Environment may impose and collect charges for release in excess of total volume (hereinafter referred to as "dues") from a business operator under total volume control who discharges in excess of the total permissible volume of emission allocated under Article 16 (1).

(2)	Where the dues under Article 35 of the Clean Air Conservation Act have previously been imposed in imposing dues, the corresponding amount shall be reduced.

(3)	The criteria and methods of calculating dues and other necessary matters shall be prescribed by Presidential Decree.

(4)	Additional charges shall be collected from any person who is required to pay dues under paragraph (1) fails to do so by the payment deadline.

(5)	Articles 21 and 22 of the National Tax Collection Act shall mutatis mutandis to additional charges under paragraph (4).

(6)	Dues and additional charges under paragraph (4) shall appropriated as the revenue of special accounts for environmental improvement under the Act on Special Accounts for Environmental Improvement.

(7)

Where the Minister of Environment delegates authority regarding the collection of dues and additional charges for respective jurisdiction to the Seoul Special Metropolitan City Mayor and others under Article 39, he or she may provide a portion of dues and additional charges collected as collection charges under conditions prescribed by Presidential Decree.

(8)

Where any person who is required to pay dues and additional charges fails to do so by the payment deadline, the Minister of Environment or the Mayor of the Seoul Special Metropolitan City and others under paragraph (7) shall collect such dues and charges by referring to the practices of dispositions on default of national or local taxes.

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 21 (Revocation, etc. of Permission)

(1)	The Minister of Environment may revoke permission for installation of a place of business under Article 14 (1) or permission for alteration if a business operator falls under any of the followings:

1.	Where a business operator obtains permission, or permission for alteration by false or other unjust means;

2.	Where a business operator violates the conditions under Article 14 (2).

(2)

The Minister of Environment may issues an order for closure of a place of business to any person who installs or operates a place of business without obtaining permission for installation of a place of business under Article 14 (1) or permission for alteration or who continues operating a place of business permission or permission for alteration of which is revoked.

(3)

Where permission for installation of a place of business or permission for alteration is revoked under paragraph (1), permission for installation of emission facilities or permission for alteration under Article 23 of the Clean Air Conservation Act shall be deemed revoked or an order for closure of emission facilities under Article 36 of the same Act shall be deemed issued.

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 22 (Special Cases for Companies Entering into Voluntary Agreement)

(1)

Where a business operator under total volume control establishes a plan to reduce the emission of pollutants subject to total volume control below the relevant total permissible volume of emission and enters into an agreement (hereinafter referred to as "voluntary agreement") with the Minister of Environment, the Minister of Environment may provide the following benefits to him or her:

1.	Support of financial resources necessary to carry out a voluntary agreement;

2.	Reduction of the amount equivalent to the volume reduced above the total permissible volume of emission allocated in the previous year when imposing dues.

(2)	The Minister of Environment shall determine matters necessary for conclusion of voluntary agreements, reporting and checking of performance results, etc. by Ministerial Decree of Environment through consultation with the Minister of Knowledge Economy.

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 23 (Supply of Low-Pollution Automobiles)

(1)

The Minister of Environment shall determine the standard regarding low-pollution automobiles that should be annually supplied by any person who sells (including sales through commission, etc.) more automobiles than the quantity prescribed by Presidential Decree in an atmosphere control zone by manufacturing or importing automobiles (hereinafter referred to as "car dealer") in an atmosphere control zone (hereinafter referred to as "annual supply standard for low-pollution automobiles" through consultation with the heads of central administrative agencies concerned and announce them.

(2)	The Minister of Environment shall consider the development status of low-pollution automobiles, automobile sales in an atmospheric controlling zone, etc. when determining the annual supply standard for low-pollution automobiles under paragraph (1).

(3)	Car dealers shall prepare a supply plan for low-pollution automobiles every year in accordance with the annual supply standard for low-pollution automobiles and have it approved by the Minister of Environment.

(4)	Car dealers shall supply low-pollution automobiles according to the supply plan for low-pollution automobiles approved under paragraph (3) and submit performance thereof to the Minister of Environment.

(5)	Matters necessary for preparation method of a supply plan, approval procedures and submission of supply performance under paragraphs (3) and (4) shall be determined by Ministerial Decree of Environment.

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 24 (Purchase. etc. of Low-Pollution Automobiles)

(1)	Where the following agencies located in an atmospheric control zone have more automobiles than Presidential Decree prescribes and purchase new automobiles, they shall purchase more low-pollution automobiles than the rate prescribed by the Ministry of Environment:

1.	Administrative agencies;

2.	Public agencies prescribed by Presidential Decree;

(2)

Where a person other than an administrative agency or public agency under paragraph (1) (hereinafter referred to as "administrative agencies, etc.") has more automobiles than the amount prescribed by Ministerial Decree of Environment and purchases new automobiles, the Minister of Environment may recommend him or her to preferentially purchase low-pollution automobiles. <Amended by Act No. 10614, Apr. 28, 2011>

(3)	The State and local governments may lend financial support required for purchasing low-pollution automobiles to any person who purchases low-pollution automobiles.

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 24-2 (Purchase Plans of Low-Pollution Automobiles)

(1)

When the heads of administrative agencies, etc. intend to purchase automobiles, they shall submit purchase plans of low-pollution automobiles (hereinafter referred to as "purchase plans") of the relevant fiscal year to the Minister of Environment by no later than the commencement of the new fiscal year.

(2)	Upon receipt of purchase plans submitted by the heads of administrative agencies, etc., the Minister of Environment shall immediately give public notice thereof.

[This Article Added by Act No. 10614, Apr. 28, 2011>

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Article 24-3 (Purchase Records of Low-Pollution Automobiles)

(1)	The heads of administrative agencies, etc. shall submit their records of purchasing low-pollution automobiles in accordance with the terms of purchase plans to the Minister of Environment within two months after the end of each fiscal year.

(2)	When the heads of administrative agencies, etc. submit their purchase records under paragraph (1), the Minister of Environment shall announce them without delay.

[This Article Added by Act No. 10614, Apr. 28, 2011]

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Article 24-4 (Request for Cooperation to Facilitate Purchase of Low-Pollution Automobiles)

The Minister of Environment may request the heads of administrative agencies, etc. to take necessary measures, such as the inclusion of purchase records of low-pollution automobiles in service evaluation items, when deemed necessary for facilitating the purchase of low-pollution automobiles. In such cases, the heads of administrative agencies, etc., upon receiving such request, shall comply therewith unless special grounds exist to the contrary.

[This Article Added by Act No. 10614, Apr. 28, 2011]

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Article 24-5 (Provision, etc. of Information Related to Low-Pollution Automobiles)

The Minister of Environment may provide information related to the launches of low-pollution models to administrative agencies, etc. or engage in public relations in order to promote the purchase of low-pollution automobiles.

[This Article Added by Act No. 10614, Apr. 28, 2011]

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Article 25 (Control of Specific Diesel Automobiles)

(1)

Where the Minister of Environment deems it necessary to achieve the objectives to improve the atmospheric environment under Article 8 (2) 1, he or she may determine the permissible emission levels more stringent than the permissible emission levels for automobiles in operation under Article 57 of the Clean Air Conservation Act for the automobiles, the exhaust gases guarantee period of which has expired under Article 46 of the same Act (hereinafter referred to as "specific diesel automobiles"), from among the diesel automobiles registered in an atmosphere control zone (excluding diesel automobiles engine displacement, etc. of which fall under the standards determined by Ministerial Decree of Environment). In such cases, the Minister of Environment shall consult with the heads of related central administrative agencies.

(2)

The owner of a specific diesel automobile shall undergo an inspection under Article 43-2 of the Motor Vehicle Management Act to examine whether exhaust-gas discharged from the automobile is in conformity with the permissible emission levels for specific diesel automobiles under paragraph (1). <Amended by Act No. 9449, Feb. 6, 2009>

(3)	Deleted. <by Act No. 9449, Feb. 6, 2009>

(4)

The owner of a specific diesel automobile shall fit the automobile with an emission-reducing device or retrofit or replace the engine with a low-pollution engine as determined by Ministerial Decree of Environment so that exhaust-gas discharged from the relevant automobile is maintained in conformance with the permissible emission levels for specific diesel automobiles under paragraph (1): Provided, That upon receipt of an order to fit the automobile with an emission-reducing device or retrofit or replace the engine with a low-pollution engine as prescribed by Municipal Ordinance of Cities/Dos under Article 58 (1) of the Clean Air Conservation Act, the owner of a specific diesel automobile shall implement such order irrespective of conformity with the permissible emission levels. <Amended by Act No. 9768, Jun. 9, 2009>

(5)

A specific diesel automobile fitted with an emission-reducing device or the engine of which is retrofitted or replaced with a low-pollution engine under paragraph (4) may be exempted from inspections under paragraph (2) as determined by Ministerial Decree of Environment for the period determined by Ministerial Decree of Environment for an emission-reducing device or a low-pollution engine under Article 26 (hereinafter referred to as "warranty period"): Provided, That where it can be verified that performance of an emission-reducing device is maintained by means of measuring equipment fitted to an emission-reducing device and the Computer Network for Management of Information on Exhaust Gases under Article 54 of the Clean Air Conservation Act (hereinafter referred to as "diagnosis and management system for an emission-reducing device") the inspection under paragraph (2) shall be exempted.

(6)	Where any of the following persons fits an emission-reducing device under paragraph (4) or retrofits or replaces the engine with a low-pollution engine, the Minister of Environment or the Seoul Special Metropolitan City Mayor, etc. may bear all costs incurred therein:

1.	An owner of a specific diesel automobile;

2.	An owner of an automobile which drives around an atmospheric control zone for a period longer than Presidential Decree precribes from among diesel automobiles for business use registered to local governments having jurisdiction over regions other than an atmospheric control zone.

(7)	Matters necessary for inspection methods, procedures, etc. under paragraph (2) shall be determined by Ministerial Decree of Environment.

(8)

Any owner of a specific diesel automobile fitted with an emission-reducing device, or the engine of which is retrofitted or replaced with a low-pollution engine under paragraph (4) shall comply with the terms and conditions of Ministerial Decree of Environment in order to maintain performance of an emission-reducing device, etc. so that the reducing device or engine is maintained to be reduction-efficient under Article 26 (1).

(9)

The Seoul Special Metropolitan City Mayor, etc. may issue a corrective order to any owner of a specific diesel automobile fitted with an emission-reducing device or the engine of which is retrofitted or replaced with a low-pollution engine to maintain performance of an emission-reducing device or a low-pollution engine if he or she fails to comply with the details prescribed in paragraph (8).

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 26 (Certification, etc. of Emission-Reducing Device)

(1)

Any person who intends to manufacture, supply, or sell an emission-reducing device or a low-pollution engine under Article 25 (4) (including parts used to retrofit an engine to reduce emissions) shall be certified by the Minister of Environment attesting that the relevant device and engine can be maintained to be reduction efficient as determined by Ministerial Decree of Environment for the duration of the warranty period. The same shall also apply to any changes to certified details.

(2)	Matters necessary for application for certification, testing of certification, certification standards, methods thereof, etc. under paragraph (1) shall be determined by Ministerial Decree of Environment.

(3)	The Minister of Environment may revoke certification in any of the following cases: Provided, That in cases falling under subparagraph 1, certification thereof shall be revoked:

1.	Where certification is obtained by false or other unjust means;

2.	Where reduction efficiency under paragraph (1) fails to be maintained, although an emission-reducing device or a low-pollution engine was found to have any defect and has been improved;

3.	Where the findings of an inspection under Article 26-2 indicate that the certification standards are not maintained.

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 26-2 (Occasional Examination of Emission-Reducing Device)

(1)	The Minister of Environment may conduct an occasional examination to ensure whether an emission reducing device or low-pollution engine certified under Article 26 (1) can maintain certification standards before it is fitted to an automobile or retrofitted with a low-pollution engine.

(2)	Matters necessary for inspections, such as items subject to examinations, methods, procedures, etc. under paragraph (1) shall be determined by Ministerial Decree of Environment.

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 26-3 (Defect-Checking Examination of Emission-Reducing Device)

(1)

The Minister of Environment may conduct an examination (hereinafter referred to as "defect-checking examination") to ensure whether an emission-reducing device fitted to an automobile or an automobile, the engine of which is retrofitted with a low-pollution engine maintains the reduction efficiency under Article 26 (1) for the duration of the warranty period.

(2)	Matters necessary for selection criteria of devices and engines subject to defect-checking examination, examination methods, procedures, standards, decision methods, examination charges, etc. shall be determined by Ministerial Decree of Environment.

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 26-4 (Management of Emission-Reducing Device)

(1)

The Minister of Environment may set the compulsory period of operation of the relevant automobile to an owner of an automobile costs of which are subsidized under Article 25 (6) (including any person to whom ownership is transferred; hereafter referred to as "owner" in this Article) within the warranty period.

(2)	Where any owner of an automobile fails to keep with the compulsory period of operation under paragraph (1), the Minister of Environment or the Seoul Special Metropolitan Mayor, etc. may collect some of the costs subsidized under Article 25 (6), as determined by Ministerial Decree of Environment.

(3)

Where an owner intends to cancel the registration of an automobile for scraping, exporting a car, or other purposes, he or she shall return an emission-reducing device fitted, or a low-pollution engine retrofitted or replaced, as determined by Ministerial Decree of Environment, to the Seoul Special Metropolitan City Mayor, etc. or a person determined by the Seoul Special Metropolitan City Mayor, etc. <Amended by Act No. 9768, Jun. 9, 2009>

(4)

Any person who intends to manufacture, supply or sell an emission-reducing device or a low-pollution engine shall inspect performance of an emission-reducing device fitted to an automobile or the automobile, the engine of which is retrofitted with a low-pollution engine and shall submit the findings thereof to the Minister of Environment and the Seoul Special Metropolitan Mayor, etc.: Provided, That the findings of the inspection need not be submitted if it is verifiable that performance of an emission-reducing device is maintained through the diagnosis and management system for an emission-reducing device.

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 27 (Support, etc. for Early Scrapping of Rundown Cars)

(1)	The Seoul Special Metropolitan City Mayor, etc. may recommend an owner of the automobile determined by Ministerial Decree of Environment, from among the following automobiles, to scrap the automobile earlier than scheduled:

1.	A specific diesel automobile which cannot maintain the permissible emission levels for specific diesel automobiles under Article 25 (1);

2.	Automobiles, other than specific diesel automobiles, which cannot maintain the permissible emission levels for automobiles in operation under Article 57 of the Clean Air Conservation Act;

3.	Automobiles requiring excessive maintenance costs in maintaining the standards referred to in subparagraphs 1 and 2.

(2)	The Seoul Special Metropolitan City Mayor, etc. may subsidize costs to be incurred, as determined by Ministerial Decree of Environment, to the owner of an automobile who scraps the automobile following the recommendation under paragraph (1).

(3)

The Seoul Special Metropolitan City Mayor, etc. may designate a person who vicariously conducts the procedures necessary for subsidizing costs when he or she subsidizes costs under paragraph (2): Provided, That where as designated by the Seoul Special Metropolitan City Mayor, etc., the person who vicariously conducts the procedures necessary for subsidizing costs shall have car scrapping of the person subsidized with costs under paragraph (2), as determined by Ministerial Decree of Environment, be preferentially allocated to a car-scrapping operator who achieves a high recycle rate of a scrap car under Article 25 (1) of the Act on Resource Circulation of Electrical and Electronic Equipment and Vehicles. <Amended by Act No. 9768, Jun. 9, 2009>

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 28 (Sticking Signs for Low-Pollution Automobiles, etc.)

(1)

The Seoul Special Metropolitan City Mayor, etc. may have a sign be attached to a low-pollution automobile or an automobile fitted with an emission-reducing device or the engine of which is retrofitted or replaced with a low-pollution engine under Article 25 to be recognizable from outside the automobile.

(2)	The Minister of Environment or the Seoul Special Metropolitan City Mayor, etc. shall formulate supporting polices necessary for automobiles to which the sign under paragraph (1) is attached.

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 28-2 (Restrictions on Operating Unfitted with Emission-Reducing Device)

For the regions deemed requiring improvement of the atmospheric environment, the Seoul Special Metropolitan City Mayor, etc. may restrict operations of automobiles the exhaust gases guarantee period under Article 46 of the Clean Air Conservation Act, of which has lapsed and unfitted with an emission-reducing device or the engine of which is not retrofitted or replaced with a low-pollution engine, from among specific diesel automobiles registered to an atmospheric control zone while unfitted with an emission-reducing device or the engine of which is not retrofitted or replaced with a low-pollution engine, and diesel automobiles for business use falling under Article 25 (6) 2. In such cases, the scope of automobiles subject to restrictions on operation, regions and imposition of fines for negligence due to failure to comply with restrictions on operations shall be determined by ordinance of Cities/Do. <Amended by Act No. 9768, Jun. 9, 2009>

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 29 (Release of Information on Automobiles and Automobile Fuel)

The Minister of Environment shall announce each of the following in regard to automobiles and automobile fuel sold in the metropolitan area as prescribed by Presidential Decree:

1.	Air pollutant emission class of each automobile;

2.	Quality class of fuel, based on the components of the automobile fuel and its effect, etc. on air pollution.

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 30 (Standards, etc. of Environment-Friendly Paint)

(1)	The Minister of Environment may determine the content level of volatile organic compounds for paints to be used in an atmospheric control zone by Ministerial Decree of Environment. In such cases, the Minister of Environment shall consult with the heads of related central administrative agencies.

(2)	No person who supplies or sells paints in an atmospheric control zone shall supply or sell the paints exceeding the content level of volatile organic compounds under paragraph (1) in an atmospheric control zone.

(3)	The State and local governments may lend technical and financial support to any person who manufactures, supplies or sells paints meeting the standards under paragraph (1).

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 31 Deleted.<by Act No. 10614, Apr. 28, 2011>

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Article 32 (Establishment of Special Account for Improvement of Atmospheric Environment in Metropolitan Area)

Special accounts for improvement of the atmospheric environment (hereinafter referred to as "special accounts") may be established under Cities/Dos to secure project costs to be incurred in implementing atmospheric environment improvement projects, etc. of the metropolitan area.

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 33 (Revenue and Expenditure of Special Accounts)

(1)	The revenue of special accounts is as listed in the following subparagraphs:

1.	Subsidies from the State;

2.	Money transferred from general accounts and other special accounts;

3.	Borrowings;

4.	Earnings accruing from operating funds from subparagraphs 1 through 3.

(2)	The expenditure of special accounts is as listed in the following subparagraphs:

1.	Support for installation and operation of preventive facilities under Article 26 of the Clean Air Conservation Act;

2.	Subsidization of expenses incurred in installing optimal prevention facilities under Article 14 (2);

3.	Subsidization of expenses incurred in supplying low-pollution automobiles under Article 23;

4.	Subsidization of expenses incurred in fitting an emission-reducing device and retrofit into low-pollution engines under Article 25 (4);

5.	Subsidization of expenses incurred in early scrapping of rundown cars under Article 27 (2);

6.	Support for facilities costs incurred for regular inspections under Article 62 of the Clean Air Conservation Act and close inspections under Article 63 of the same Act;

7.	Support for projects under subparagraph 10 of Article 6 of the Korea Transportation Safety Authority Act;

8.	Support for other projects determined by Ministerial Decree of Environment to improve the atmospheric environment.

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 34 (Financial Support, etc. to Mitigate Air Pollution)

(1)	The State may lend financial and technical support necessary to carry out each of the following projects to local governments, business operators, etc. who carry out the said projects to reduce air pollution in an atmospheric control zone:

1.	Promotion of implementation plans;

2.	Installation and operation of preventive facilities under Article 26 of the Clean Air Conservation Act;

3.	Installation of optimal prevention facilities under Article 14 (2);

4.	Supply of low-pollution automobiles under Article 23;

5.	Supply of an emission-reducing device and low-pollution engines under Article 25 (4);

6.	Early scrapping of rundown cars under Article 27 (2);

7.	Atmospheric environment improvement projects by local governments;

8.	Development and research of air pollution mitigating technologies;

9.	Support for facility costs incurred for regular inspections under Article 62 of the Clean Air Conservation Act and close inspections under Article 63 of the same Act;

10.	Projects under subparagraph 10 of Article 6 of the Korea Transportation Safety Authority Act;

11.	Other projects deemed necessary by the Minister of Environment to improve the atmospheric environment.

(2)	The State may suspend or curtail financial support under paragraph (1) 1 or take other necessary measures prescribed by Presidential Decree where the Seoul Special Metropolitan City Mayor, etc. fail to formulate or implement implementation plans.

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 35 (Education, etc. on Conservation of Atmospheric Environment)

The State and local governments shall steadily provide education and publicity about the improvement of the atmospheric environment so that residents in the metropolitan area thoroughly understand air pollution, voluntarily participate in the improvement of the atmospheric environment and put the improvement of the atmospheric environment into practice in their daily lives.

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 36 (Reporting, Inspection, etc.)

(1)

The Minister of Environment may, in cases prescribed by Ministerial Decree of Environment, order any of the following persons to file a necessary report or submit necessary materials, have relevant public officials collect air pollutants or inspect relevant documents, facilities, equipment, automobiles, etc. by accessing the relevant facilities or a place of business to ascertain whether the obligations prescribed by this Act are complied with:

1.	Business operators;

2.	Any person who supplies low-pollution automobiles under Article 23;

3.	Any person who manufactures, supplies or sells an emission-reducing device or low-pollution engines under Article 26;

4.	Any person who supplies or sells a paint under Article 30;

5.	Any person entrusted with duties of the Minister of Environment under Article 39 (2).

(2)	Any public officials who have access or conduct inspections under paragraph (1) shall carry a certificate indicating their legitimate authority and produce it to the related persons.

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 37 (Hearings)

The Minister of Environment shall hold hearings if he or she intends to impose any of the following dispositions:

1.	Revocation of permission under Article 21 (1);

2.	Order for closure under Article 21 (2);

3.	Cancellation of certification under Article 26 (3).

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 38 (Fees)

Any person who intends to obtain permission or permission for alteration under Article 14 and to obtain certification or certification for changes under Article 26 shall pay fees as determined by Ministerial Decree of Environment.

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 39 (Delegation and Entrustment of Authority)

(1)	The authority of the Minister of Environment under this Act may be partially delegated to the Seoul Special Metropolitan City Mayor or the heads of local environmental government agencies as prescribed by Presidential Decree.

(2)	The duties of the Minister of Environment under this Act may be partially entrusted to relevant specialized institutions as prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 40 (Penal Provisions)

Any person falling under any of the following subparagraphs shall be punished by imprisonment for not more than seven years or by a fine not exceeding 200 million won:

1.	Any person who installs or alters a place of business without obtaining permission or permission for alteration under Article 14 (1);

2.	Any person who violates an order for closure of a place of business under Article 21 (2).

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 41 (Penal Provisions)

Any person who manufactures, supplies or sells an emission-reducing device or low-pollution engine without obtaining certification or certification for changes under Article 26 shall be punished by imprisonment for not more than five years or by a fine not exceeding 100 million won.

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 42 (Penal Provisions)

Any person falling under any of the following subparagraphs shall be punished by imprisonment for not more than three years or by a fine not exceeding 50 million won:

1.	Any person who fails to fit the equipment under Article 16 (4) or fails to submit the calculation result of emission under paragraph (5) of the same Article;

2.	Any person who handles equipment under Article 16 (4) or prepares and submits any false calculation result.

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 43 (Penal Provisions)

Any person falling under any of the following subparagraphs shall be punished by imprisonment for not more than 1 year or by a fine not exceeding 10 million won:

1.	Any person who fails to file a report under the latter part of Article 14 (3);

2.	Any person who supplies or sells paints, in violation of Article 30 (2).

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 44 (Penal Provisions)

Any person falling under any of the following subparagraphs shall be punished by a fine not exceeding 5 million won:

1.	Any person who fails to obtain approval for a plan for supply of low-pollution automobiles, in violation of Article 23 (3);

2.	Any person who fails to meet his or her obligations to fit an emission-reducing device or retrofit or replace with a low-pollution engine under Article 25 (4);

3.	Any person who produces or attaches the sign under Article 28 (1) by false.

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 45 (Joint Penal Provisions)

(1)

If a representative, agent, employee or any other person employed by corporation commits any violation falling under Articles 40 through 44 in connection with affairs of the corporation, not only shall such offender be punished accordingly, but the corporation also shall be punished by a fine under the relevant Articles: Provided, That the same shall not apply to cases where the corporation has paid due attention to or diligently supervised the relevant affairs in order to prevent such violation.

(2)

If an agent, employee or other servant of an individual commits any violation under Articles 40 through 44 in connection with business of the individual, not only shall such a violator be punished, but also the individual shall be punished by a fine under the relevant provisions: Provided, That the same shall not apply where the individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such violation.

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]

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Article 46 (Fines for Negligence)

(1)	Any person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding five million won:

1.	Any person who fails to submit a supply plan, in violation of Article 23 (4);

2.	Deleted; <by Act No. 9449, Feb. 6, 2009>

3.	Any person who manufactures, supplies and sells mistakenly, a defective emission reducing device or low-pollution engine differently from details certified under Article 26 (1);

4.	Any person who fails to submit inspection results of performance under Article 26-4 (4).

(2)

Any person who fails to make a report or submit material under Article 36 (1), who falsely makes a report or submits material, and who evades, interferes with or refuses access, collection or inspections by relevant public officials shall be punished by a fine for negligence not exceeding 2 million won.

(3)	Any person who violates a corrective order issued by the Seoul Special Metropolitan City Mayor, etc. shall be punished by a fine for negligence not exceeding one million won.

(4)	Fines for negligence under paragraphs (1) through (3) shall be imposed and collected by the Minister of Environment or the Seoul Special Metropolitan City Mayor, etc. (hereinafter referred to as "imposing authority"), as prescribed by Presidential Decree.

(5)	Any person dissatisfied with a disposition of a fine for negligence under paragraph (4) may file an objection within 30 days upon receiving a notice of the disposition to the imposing authority.

(6)

Where any person who has been sentenced to a fine for negligence under paragraph (4) files an objection under paragraph (5), the relevant imposing authority shall, without delay, notify the competent court, which, in turn, shall proceed to a trial on fines for negligence pursuant to the Non-Contentious Case Litigation Procedure Act.

(7)	Where neither an objection is filed nor a fine for negligence paid within the period under paragraph (5), fines for negligence shall be collected in accordance with precedents on default of national or local taxes.

[This Article Wholly Amended by Act No. 9036, Mar. 28, 2008]