The purpose of this Act is to protect health of the people using the following facilities and to prevent environmental risks, by adequately maintaining and controlling indoor air quality within public-use facilities, newly-built multi-family housing, and mass transit vehicles. <Amended by Act No. 11665, Mar. 22, 2013>
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 7562, May 31, 2005; Act No. 11665, Mar. 22, 2013>
| 1. | The term "public-use facility" means any facility used by many unspecified persons; |
| 2-2. | The term “mass transit vehicle” means any vehicle used to transport many unspecified persons; |
| 3. | The term "pollutant" means gas, floating particulate, or similar which causes air pollution in indoor spaces, and are prescribed by Ordinance of the Ministry of Environment; |
| 4. | The term "ventilation equipment" means any equipment which lets out the polluted indoor air, and lets in fresh outdoor air, to maintain the air pleasant pleasantly in indoor spaces; |
| 5. | The term "air purifier" means any equipment which eliminates or reduces pollutants in indoor spaces, installed either within the ventilation equipment or separately from said equipment. |
| Article 3 (Scope of Application) |
| (1) | Public-use facilities subject to this Act mean public-use facilities of the scale prescribed by Presidential Decree among the following facilities: <Amended by Act No. 13601, Dec. 22, 2015; Act No. 14113, Mar. 29, 2016> |
| 1. | Subway stations (including passages for entrance, waiting rooms, station platforms and passages for transfer, and facilities appurtenant thereto); |
| 2. | Underground shopping districts (including the facilities of underground floors appurtenant to a building on the ground); |
| 3. | Waiting rooms in the railway stations; |
| 12. | National or public child-care centers, child-care centers of corporations, workplace child-care centers, and private child-care centers among child-care centers referred to in Article 10 of the Infant Care Act; |
| 25. | Any other facilities prescribed by Presidential Decree. |
| (2) | Multi-family housing subject to this Act means those of at least the scale prescribed by Presidential Decree to be newly built, among the following multi-family housing: <Amended by Act No. 7562, May 31, 2005> |
| (3) | Mass transit vehicles subject to this Act are as follows: <Newly Inserted by Act No. 11665, Mar. 22, 2013; Act No. 12216, Jan. 7, 2014> |
| Article 4 (Duty of the State, etc.) |
| (1) | The State and local governments shall formulate and implement policies necessary for controlling indoor air quality within public-use facilities, multi-family housing, and mass transit vehicles (hereinafter referred to as “public-use facilities, etc.”). |
| (2) | Citizens shall actively cooperate with the State or local governments in promoting policies for controlling indoor air quality within public-use facilities, etc. <Newly Inserted by Act No. 13601, Dec. 22, 2015> |
[This Article Newly Inserted by Act No. 11881, Jun. 12, 2013]
| Article 4-2 (Relationship with other Acts) |
| (1) | Except as otherwise expressly provided for in other Acts, this Act shall apply to the control of indoor air quality within public-use facilities, etc. |
| (2) | Other Acts relating to the control of indoor air quality within public-use facilities, etc. shall be enacted or amended in compliance with this Act. |
[This Article Newly Inserted by Act No. 13601, Dec. 22, 2015]
| Article 4-3 (Master Plans to Control Indoor Air Quality) |
| (1) | The Minister of Environment shall formulate a master plan necessary for controlling indoor air quality (hereinafter referred to as “master plan”) every five years in consultation with the head of a related central administrative agency. |
| (2) | When it is necessary for formulating a master plan, the Minister of Environment shall hear the opinion of a 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"). |
| (3) | Master plans shall include the following matters: |
| 1. | Basic objectives of controlling indoor air quality within public-use facilities, etc. and direction-setting for implementing the objectives; |
| 2. | Status of and outlook for controlling indoor air quality control within public-use facilities, etc.; |
| 3. | Installation and operation of a network for measuring indoor air quality within public-use facilities and mass transit vehicles; |
| 4. | Establishment and amendment of standards for controlling indoor air quality within public-use facilities, etc.; |
| 5. | Other matters necessary for controlling indoor air quality. |
| (4) | When the Minister of Environment deems it necessary to amend a master plan, the Minister may amend the master plan after examining the validity thereof. In such cases, the Minister shall hear the opinion of the Mayor/Do Governor and consult with the head of a related central administrative agency in advance. |
| (5) | After formulating or amending a master plan, the Minister of Environment shall notify the head of a related central administrative agency and the Mayor/Do Governor the master plan. |
[This Article Newly Inserted by Act No. 11881, Jun. 12, 2013]
| Article 4-4 (Implementation Plans to Control Indoor Air Quality) |
| (1) | The head of a related central administrative agency shall formulate and implement a detailed plan necessary for enforcing the master plan (hereinafter referred to as “implementation plan”) by jurisdiction according to the master plan, and the Mayor/Do Governor shall formulate and implement an implementation plan of the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province (hereinafter referred to as "City/Do") according to the master plan and the implementation plan of the relevant central administrative agencies. |
| (2) | The head of a related central administrative agency and the Mayors/Do Governors shall submit the implementation plan for the following year and outcomes of implementing the implementation plan in the previous year to the Minister of Environment, as prescribed by Presidential Decree. |
| (3) | Formulation of implementation plans and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 11881, Jun. 12, 2013]
| Article 4-5 (Fact-Finding Surveys on Indoor Air Quality) |
| (1) | If necessary to efficiently formulate and implement a master plan and implementation plan, the Minister of Environment, the head of a related central administrative agency, or the Mayor/Do Governor may conduct a fact-finding survey on the control of indoor air quality. In such cases, he/she may conduct a fact-finding survey jointly with relevant administrative agencies, private organizations, etc., if necessary to enhance the objectivity and efficiency of the survey. |
| (2) | The Minister of Environment, the head of a related central administrative agency, or the Mayor/Do Governor may publish the findings of a fact-finding survey conducted under paragraph (1). |
| (3) | If necessary for the fact-finding survey referred to in paragraph (1), the Minister of Environment, the head of a related central administrative agency, or the Mayor/Do Governor may request the heads of relevant administrative agencies, the heads of public institutions referred to in Article 4 of the Act on the Management of Public Institutions, or the heads of institutions or organizations prescribed by Presidential Decree to submit data or state their opinions. In such cases, a person in receipt of such request shall comply therewith, except in any special circumstances. |
[This Article Newly Inserted by Act No. 13601, Dec. 22, 2015]
| Article 4-6 (Establishment of Measuring Network) |
| (1) | To ascertain the actual condition of indoor air quality within public-use facilities and mass transit vehicles, the Minister of Environment may measure it regularly by establishing a measuring network. |
| (2) | To ascertain the actual condition of indoor air quality within public-use facilities and mass transit vehicles in jurisdiction, the Mayor/Do Governor may measure it regularly by establishing a measuring network. In such cases, the Mayor/Do Governor shall notify the Minister of Environment of measurement results. |
| (3) | The Minister of Environment may provide the Mayor/Do Governor with technical, administrative, and financial support necessary for establishing a measuring network pursuant to paragraph (2). <Newly Inserted by Act No. 13601, Dec. 22, 2015> |
[This Article Newly Inserted by Act No. 11881, Jun. 12, 2013]
| Article 4-7 (Installation, Operation, and Management of Measuring Devices) |
To ascertain the actual condition of indoor air quality within public-use facilities, the Minister of Environment may recommend persons liable for managing public-use facilities, such as the owners, occupants, or managers of the public-use facilities (hereinafter referred to as "owners, etc."), to install measuring devices prescribed by Ordinance of the Ministry of Environment in such facilities and to operate and manage the devices in compliance with the standards prescribed by Ordinance of the Ministry of Environment.
[This Article Newly Inserted by Act No. 13601, Dec. 22, 2015]
| Article 4-8 (Conducting Risk Assessments) |
| (1) | The Minister of Environment may conduct a risk assessment for substances prescribed by Presidential Decree, such as fine dust, which are likely to substantially harm human health. |
| (2) | The Minister of Environment shall consider the findings from the risk assessment conducted under paragraph (1) in determining pollutants defined in subparagraph 3 of Article 2, the mandatory standards for maintaining air quality referred to in Article 5 (1), or any other standards, guidelines, etc. pursuant to this Act. |
| (3) | The procedures and method for conducting risk assessments under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted by Act No. 13601, Dec. 22, 2015]
| Article 4-9 (Establishment and Operation of Consultative Body on Control of Indoor Air Quality) |
| (1) | To consult on and coordinate matters concerning the standards and policies for controlling indoor air quality among central administrative agencies, the Minister of Environment may establish and operate a Consultative Body on Control of Indoor Air Quality with related central administrative agencies prescribed by Presidential Decree. |
| (2) | The composition and operation the Consultative Body on Control of Indoor Air Quality referred to in paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 14486, Dec. 27, 2016]
| Article 5 (Mandatory Standards for Maintaining Indoor Air Quality, etc.) |
| (1) | The owners, etc. of public-use facilities shall manage the facilities in compliance with standards for maintaining pleasant air quality within the public-use facilities. <Amended by Act No. 13601, Dec. 22, 2015> |
| (2) | The mandatory standards for indoor air quality referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. |
| (3) | Where deemed necessary given the peculiarities of a local environment, a City/Do may establish the standards for maintaining air quality applicable to the City/Do by its Municipal Ordinance more stringent than the standards for maintaining air quality referred to in paragraph (1). <Amended by Act No. 10312, May 25, 2010; Act No. 11881, Jun. 12, 2013> |
| (4) | When the standards for maintaining air quality referred to in paragraph (3) are established or amended, the Mayor/Do Governor shall promptly report thereon to the Minister of Environment. <Amended by Act No. 10312, May 25, 2010; Act No. 11881, Jun. 12, 2013> |
| Article 6 (Guidelines for Indoor Air Quality) |
A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply) may recommend the owners, etc. of public-use facilities to manage the facilities in compliance with the guidelines prescribed by Ordinance of the Ministry of Environment to maintain pleasant air quality, apart from the standards for maintaining air quality referred to in Article 5 (1) based on the characteristics of the public-use facilities. In such cases, if the facilities mainly used by vulnerable people prescribed in Article 12-2 fail to comply with the guidelines, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may request the owners, etc. of relevant facilities to take necessary measures, such as improvement, replacement, installation of air purifiers, ventilators or similar equipment. <Amended by Act No. 8155, Dec. 30, 2006; Act No. 13601, Dec. 22, 2015; Act No. 15195, Dec. 12, 2017>
| Article 7 (Education, etc. for Owners, etc. of Public-Use Facilities) |
| (1) | The owners, etc. of public-use facilities shall undergo education on the control of indoor air quality conducted by a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Environment: Provided, That this shall not apply to any of the following persons: <Amended by Act No. 13601, Dec. 22, 2015> |
| 1. | The owners, etc. of public-use facilities in which indoor air quality can be measured regularly with the measuring network established under Article 4-6; |
| 2. | The owners, etc. of public-use facilities who install measuring devices in such facilities and operate and manage them pursuant to Article 4-7; |
| 3. | Any other persons prescribed by Presidential Decree. |
| (2) | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may collect expenses incurred in providing education under paragraph (1) from persons who undergo the education, as prescribed by Ordinance of the Ministry of Environment. <Amended by Act No. 13601, Dec. 22, 2015> |
| (3) | Deleted. <by Act No. 13601, Dec. 22, 2015> |
| Article 8 Deleted. <by Act No. 8155, Dec. 30, 2006> |
| Article 9 (Control of Indoor Air Quality of Newly-Built Multi-Family Housing) |
| (1) | Every constructor of newly-built multi-family housing shall measure indoor air quality within the newly-built multi-family housing upon completion, and submit measurement results to the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu; and publicly announce the same at a place easily recognizable by the occupants, before they start to move into the housing. <Amended by Act No. 10312, May 25, 2010; Act No. 13601, Dec. 22, 2015> |
| (2) | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall report measurement results submitted pursuant to paragraph (1) to the Minister of Environment, and may make public the measurement results through the Official Gazette, relevant web-site, etc. <Newly Inserted by Act No. 14486, Dec. 27, 2016> |
| (3) | Substances to be measured regarding indoor air quality, methods for measurement, the time for submitting and publicly announcing measurement results, places for posting under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. |
| (4) | Guidelines for indoor air quality for maintaining the pleasant air quality within newly-built multi-family housing shall be prescribed by Ordinance of the Ministry of Environment. <Newly Inserted by Act No. 7562, May 31, 2005> |
| (5) | The Minister of Environment may develop and disseminate guidelines for controlling indoor air quality within multi-family housing so that the owners, etc. of newly-built multi-family housing can properly maintain and control indoor air quality, thereby living in a pleasant indoor environment. <Newly Inserted by Act No. 13601, Dec. 22, 2015> |
| Article 9-2 (Control of Indoor Air Quality within Mass Transit Vehicles) |
| (1) | The Minister of Environment may establish management guidelines concerning the manufacturing, operation, etc. of mass transit vehicles (hereinafter referred to as “management guidelines”) and publicly notify the same, in order to maintain and control pleasant indoor air quality within mass transit vehicles. |
| (2) | The Minister of Environment may recommend manufacturers of mass transit vehicles to manufacture mass transit vehicles in compliance with the management guidelines. |
| (3) | The Mayor/Do Governor may recommend transportation business operators of mass transit vehicles to operate mass transit vehicles in compliance with the management guidelines. |
| (4) | The State and local governments may provide the manufacturers or transportation business operators of mass transit vehicles with financial or technical support necessary for maintaining and controlling indoor air quality within mass transit vehicles in compliance with the management guidelines. |
[This Article Newly Inserted by Act No. 11665, Mar. 22, 2013]
| Article 10 (Improvement Orders) |
Where any public-use facility is managed not in compliance with the standards for maintaining pleasant air quality referred to in Article 5 (1), the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu may order the owner, etc. of the relevant public-use facility to improve or replace air purifiers or ventilation equipment in such public-use facility or to take other necessary measures (hereinafter referred to as "improvement order") within a specified period, as prescribed by Ordinance of the Ministry of Environment. <Amended by Act No. 13601, Dec. 22, 2015> [This Article Wholly Amended by Act No. 8155, Dec. 30, 2006]
| Article 11 (Restrictions on Using Construction Materials Emitting Pollutants) |
| (1) | No person who establishes (including improving and repairing existing facilities or housing; hereafter the same shall apply in this Article) public-use facilities or multi-family housing (excluding health-friendly housing defined in subparagraph 16-2 of Article 2 of the Housing Act; hereafter the same shall apply in this Article) shall use any of the following construction materials emitting pollutants in excess of the standards determined by Ordinance of the Ministry of Environment after consultation between the Minister of Environment and the heads of related central administrative agencies: |
| 7. | Any other construction materials determined by Ordinance of the Ministry of Environment, which are used for the interior of buildings, such as composite wood products. |
| (2) | A manufacturer or importer of any construction material specified in any subparagraph of paragraph (1) shall supply the construction material to persons who establish public-use facilities or multi-family housing after obtaining verification from a testing institution prescribed by Ordinance of the Ministry of Environment as to whether the construction material emits any pollutants in excess of the standards referred to in paragraph (1): Provided, That the manufacturer or importer may supply the construction material without verification required under the main sentence, in cases prescribed by Presidential Decree, such as where he/she has obtained verification equivalent to that specified in this Act under other statutes. |
| (3) | The procedures, method and validity period for verification referred to in paragraph (2) and other necessary matters shall be prescribed by Presidential Decree. |
| (4) | Where a testing institution verifies any construction material pursuant to paragraph (2), it shall keep relevant records, as prescribed by Ordinance of the Ministry of Environment. |
| (5) | The Minister of Environment may issue to a testing institution referred to in paragraph (2) an order suspending its verification business for a specified period not exceeding one year, as prescribed by Ordinance of the Ministry of Environment if any of the following applies to the testing institution: Provided, That if subparagraph 1 or 2 is applicable, the Minister of Environment shall issue an order suspending its verification business: |
| 1. | Where it engages in false verification; |
| 2. | Where it engages in verification under paragraph (2) during the period of business suspension; |
| 3. | Where it fails to comply with the procedures, method, etc. for verification referred to in paragraph (3); |
| 4. | Where it evades verification business referred to in paragraph (2) without just cause. |
| (6) | If necessary, the Minister of Environment may require a person who establishes public-use facilities or multi-family housing referred to in paragraph (1), a manufacturer or importer of construction materials referred to in paragraph (2), or a testing institution to submit or report data relating to verification of whether construction materials emit pollutants, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 13601, Dec. 22, 2015]
| Article 11-2 (Conducting Indoor Radon Surveys) |
| (1) | The Minister of Environment may survey the concentration, etc. of radon in indoor air (hereinafter referred to as "indoor radon survey") in order to reduce health risks caused by indoor radon inflow. |
| (2) | To conduct an indoor radon survey, the Minister of Environment shall publicly announce matters necessary for the survey, such as the purpose, subject matter, method, and period of the survey, as prescribed by Ordinance of the Ministry of Environment. |
| (3) | Where an indoor radon survey is required for a particular area, the Minister of Environment may require the Mayor/Do Governor having jurisdiction over the area to conduct the survey. |
| (4) | After having conducted an indoor radon survey pursuant to paragraph (3), the Mayor/Do Governor shall report the findings from the survey to the Minister of Environment. |
| (5) | The Minister of Environment may provide the Mayor/Do Governor with technical, administrative, and financial support necessary for the indoor radon survey referred to in paragraph (3). |
[This Article Newly Inserted by Act No. 13601, Dec. 22, 2015]
| Article 11-3 (Making Radon Map) |
| (1) | The Minister of Environment may make a map indicating the concentration, etc. of radon in indoor air (hereinafter referred to as "radon map") based on the findings from indoor radon surveys. |
| (2) | The standards and method for making the radon map, provision thereof, and other necessary matters shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted by Act No. 13601, Dec. 22, 2015]
| Article 11-4 (Formulation, Implementation, etc. of Radon Management Plans) |
| (1) | Where any City/Do exists where radon is likely to cause health risks, based on the findings from indoor radon surveys and a radon map made, the Minister of Environment may request the competent Mayor/Do Governor to formulate and implement a radon management plan (hereinafter referred to as "management plan") every five years, subject to deliberation by the Environmental Health Council established under Article 9 of the Environmental Health Act. In such cases, the Mayor/Do Governor shall formulate a management plan after hearing opinions of local residents, except in any special circumstances. |
| (2) | Management plans shall include the following: |
| 1. | Status of public-use facilities, multi-family housing, etc.; |
| 2. | Measures to prevent indoor air pollution and health risks caused by radon; |
| 3. | Improvement of facilities to block indoor radon entry; |
| 4. | Any other matters the Mayor/Do Governor deems necessary for radon management. |
| (3) | After having formulated a management plan, the Mayor/Do Governor shall report to the Minister of Environment on the details thereof and annual outcomes of implementing the plan, as prescribed by Presidential Decree. |
| (4) | The Minister of Environment may provide the Mayor/Do Governor with technical, administrative, and financial support necessary for implementing management plans. |
[This Article Newly Inserted by Act No. 13601, Dec. 22, 2015]
| Article 11-5 (Recommending Use, etc. of Radon-Reducing Construction Methods) |
| (1) | Where any area exists where radon is likely to cause health risks within the relevant City/Do, the Mayor/Do Governor may recommend persons who establish (including improving and repairing existing facilities, housing, etc.) public-use facilities, multi-family housing, etc. in such area to take necessary measures, such as using a construction method reducing indoor radon entry. |
| (2) | The Mayor/Do Governor may recommend the owners, etc. of public-use facilities, multi-family housing, etc. with high concentrations of radon within the relevant City/Do to manage indoor radon concentrations in compliance with the standards prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted by Act No. 13601, Dec. 22, 2015]
| Article 12 (Measurement of Indoor Air Quality) |
| (1) | The owners, etc. of public-use facilities shall either measure indoor air quality directly or through the persons prescribed by Ordinance of the Ministry of Environment, and shall record and preserve measurement results: Provided, That this shall not apply to any of the following persons: <Amended by Act No. 13601, Dec. 22, 2015> |
| 1. | The owners, etc. of public-use facilities in which indoor air quality can be measured regularly with the measuring network established under Article 4-6; |
| 2. | The owners, etc. of public-use facilities who install measuring devices in such facilities and operate and manage them pursuant to Article 4-7; |
| 3. | Any other persons prescribed by Presidential Decree. |
| (2) | Pollutants to be measured regarding indoor air quality under paragraph (1), the frequency of measurement, and other matters necessary for measuring indoor air quality shall be prescribed by Ordinance of the Ministry of Environment. |
| Article 12-2 (Support for Facilities, etc. Used by Vulnerable People) |
| (1) | To properly maintain, control, and improve indoor air quality within public-use facilities mainly used by vulnerable people who are highly likely to be harmed if exposed to pollutants, such as children, older persons, and pregnant women, the Minister of Environment or the Mayor/Do Governor may provide the following support to the owners, etc. of such public-use facilities: |
| 1. | Consulting on the methods for maintaining and controlling indoor air quality suited to the scale and characteristics of the relevant public-use facilities; |
| 2. | Technical support and funding to improve indoor air quality within the relevant public-use facilities; |
| 3. | Any other technical, administrative, and financial support deemed necessary to maintain, control, and improve indoor air quality within the relevant public-use facilities. |
| (2) | To enable the vulnerable people referred to in paragraph (1) to properly cope with pollutants, the Minister of Environment or the Mayor/Do Governor may develop action guidelines, etc. and provide support, such as education and public relations. <Newly Inserted by Act No. 14486, Dec. 27, 2016> |
[This Article Newly Inserted by Act No. 13601, Dec. 22, 2015]
| Article 12-3 (Designation, etc. of Indoor Environmental Management Centers) |
| (1) | To conduct surveys, research, technological development, and other business to prevent and manage health risks caused by indoor pollutants, the Minister of Environment may designate a person that meets the requirements prescribed by Presidential Decree, among the following institutions, corporations, and organizations, as an Indoor Environmental Management Center (hereinafter referred to as "Center"): |
| 3. | A non-profit environment-related corporation or organization established pursuant to the Civil Act or any other statute. |
| (2) | The Minister of Environment may fully or partially subsidize the Centers to cover the expenses incurred in conducting their affairs, within budgetary limits. |
| (3) | The Minister of Environment may revoke designation of a Center or issue an order suspending its business for a period not exceeding six months, as prescribed by Ordinance of the Ministry of Environment, if any of the following applies to the Center: Provided, That its designation shall be revoked in the case of subparagraph 1: |
| 1. | Where it is designated as such by fraud or other improper means; |
| 2. | Where it fails to meet any of the requirements for designation referred to in paragraph (1); |
| 3. | Where it misappropriates the expenses subsidized pursuant to paragraph (2); |
| 4. | Where it constitutes any other grounds prescribed by Presidential Decree. |
| (4) | The Minister of Environment shall hold a hearing to revoke designation of a Center pursuant to paragraph (3). |
| (5) | Except as otherwise expressly provided for in paragraphs (1) through (4), the designation and operation of the Centers and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 13601, Dec. 22, 2015]
| Article 12-4 (Building and Operating Indoor Air Quality Monitoring Network) |
| (1) | The Minister of Environment may build and operate an Indoor Air Quality Monitoring Network to control indoor air quality comprehensively and systematically. |
| (2) | The Minister of Environment may request the heads of relevant administrative agencies or organizations to submit data necessary for building and operating the Indoor Air Quality Monitoring Network under paragraph (1). In such cases, a person in receipt of such request shall comply therewith, except in any special circumstances. |
[This Article Newly Inserted by Act No. 13601, Dec. 22, 2015]
| Article 13 (Reporting, Inspection, etc.) |
| (1) | Where deemed necessary for controlling indoor air quality, the Mayor/Do Governor or the head of a Si/Gun/Gu may request the owners, etc. of public-use facilities or constructors of newly-built multi-family housing to submit necessary reports or data, and may require the related public officials to enter the public-use facilities or newly-built multi-family housing to gather pollutants or inspect the related documents, facilities, equipment, etc. <Amended by Act No. 13601, Dec. 22, 2015> |
| (2) | Where deemed necessary for controlling indoor air quality, the Minister of Environment may request the manufacturers of mass transit vehicles to submit necessary reports or data, and may require the related public officials to enter the mass transit vehicles or manufacturing facility of the mass transit vehicles to gather pollutants, or inspect the related documents, facilities, equipment, etc. <Newly Inserted by Act No. 11665, Mar. 22, 2013; Act No. 13601, Dec. 22, 2015> |
| (3) | Where deemed necessary for controlling indoor air quality, the Mayor/Do Governor may request a transportation business operator of mass transit vehicles to submit necessary reports or data, and may require the related public officials to enter the relevant mass transit vehicles to gather pollutants, or inspect the related documents, facilities, equipment, etc. <Newly Inserted by Act No. 11665, Mar. 22, 2013; Act No. 13601, Dec. 22, 2015> |
| (4) | After gathering pollutants under paragraphs (1) through (3), the Minister of Environment, the Mayor/Do Governor, or the head of a Si/Gun/Gu shall request an inspection agency prescribed by Ordinance of the Ministry of Environment to examine the pollution level: Provided, That the same shall not apply where the results of inspection can be judged on the spot. <Amended by Act No. 11665, Mar. 22, 2013> |
| (5) | When the pollution level is examined under paragraph (4), the Minister of Environment, the Mayor/Do Governor or the head of a Si/Gun/Gu may make public the facility where pollutants were gathered, the name of the pollutants and the results of examining the pollution level, as prescribed by Ordinance of the Ministry of Environment. <Newly Inserted by Act No. 11881, Jun. 12, 2013> |
| (6) | Every public official who enters and conducts inspections as prescribed in paragraphs (1) through (3) shall carry identification indicating his/her authority and present it to interested persons. <Amended by Act No. 11665, Mar. 22, 2013> |
| Article 13-2 (Delegation and Entrustment of Authority) |
| (1) | Part of the authority of the Minister of Environment vested by this Act, may be delegated to the head of an institution under his/her management or the Mayor/Do Governor, as prescribed by Presidential Decree. |
| (2) | Part of the duties of the Minister of Environment, the Mayor/Do Governor, or the head of a Si/Gun/Gu prescribed by this Act, may be entrusted to a relevant specialized institution, as prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 13601, Dec. 22, 2015]
| Article 13-3 (Deemed Public Officials for Purposes of Penalty Provisions) |
For the purposes of Articles 129 through 132 of the Criminal Act, executive officers and employees of a relevant specialized institution who perform the duties entrusted by the Minister of Environment or the Mayor/Do Governor pursuant to Article 13-2 (2) shall be deemed public officials. [This Article Newly Inserted by Act No. 13601, Dec. 22, 2015]
| Article 13-4 (Review of Regulation) |
The Minister of Environment shall review the appropriateness of the installation, operation, and management of measuring devices under Article 4-7 every five years (referring to the day before January 1 of every fifth year) from January 1, 2017; and shall take measures, such as making improvements. [This Article Newly Inserted by Act No. 13601, Dec. 22, 2015]
| Article 14 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with prison labor for not more than one year or by a fine not exceeding ten million won: <Amended by Act No. 14486, Dec. 27, 2016> |
| 1. | A person who fails to comply with an improvement order issued under Article 10; |
| 2. | A person who uses any construction material emitting pollutants in excess of the standards, in violation of Article 11 (1). |
| (2) | Deleted. <by Act No. 10312, May 25, 2010> |
| Article 15 (Joint Penalty Provisions) |
If the representative of a corporation, or an agent, an employee or any other employed person of a corporation or an individual has committed an act in violation of Article 14 in connection with the affairs of the said corporation or individual, not only shall such an actor be punished accordingly, but the corporation or individual shall be punished by a fine as prescribed in the same Article. Provided, That this shall not apply where the corporation or individual has exercised considerable care and supervision with regard to the relevant business to prevent such an act of violation. [This Article Wholly Amended by Act No. 10312, May 25, 2010]
| Article 16 (Administrative Fines) |
| (1) | Any of the following persons shall be punished by an administrative fine not exceeding twenty million won: |
| 1. | Deleted; <by Act No. 14486, Dec. 27, 2016> |
| 2. | A person who supplies any construction material without obtaining verification as to whether it emits pollutants in violation of Article 11 (2), or supplies it after obtaining false verification. |
| (2) | A person who fails to manage facilities in compliance with the standards for maintaining air quality, in violation of Article 5 (1) (excluding where the indoor air quality measured by the Minister of Environment, the Mayor/Do Governor, or the owners, etc. of public-use facilities pursuant to Article 4-6, 4-7, or 12 fail to meet the standards for maintaining air quality), shall be punished by an administrative fine not exceeding ten million won. |
| (3) | Any of the following persons shall be punished by an administrative fine not exceeding five million won: |
| 1. | A person who fails to undergo education on the control of indoor air quality in violation of Article 7; |
| 2. | A person who fails to submit or publicly announce the results of measuring indoor air quality within newly-built multi-family housing in violation of Article 9, or submits or publicly announces false measurement results; |
| 3. | A person who fails to keep records in violation of Article 11 (4), or keeps false records; |
| 4. | A person who fails to submit a report or data under Article 11 (6), or submits a false report or data; |
| 5. | A person who fails to measure indoor air quality in violation of Article 12 (1), or a person who fails to record and preserve measurement results or records and preserves false measurement results; |
| 6. | A person who fails to submit a report or data under Article 13 (1) through (3), or submits a false report or data; |
| 7. | A person who refuses, interferes with, or evades the entry, inspection, or gathering of pollutants by a relevant public official under Article 13 (1) through (3). |
| (4) | Administrative fines specified in paragraphs (1) through (3) shall be imposed and collected by the Minster of Environment, the Mayor/Do Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 13601, Dec. 22, 2015]
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force one year after the date of its promulgation. |
| (2) | (Transitional Measures on Existing Public-Use Facilities) The owners etc. of public-use facilities as at the time this Act enter into force shall be deemed to have installed air purifiers and ventilation equipment under the amended provisions of Article 8: Provided, That the Mayor/Do Governor may issue an improvement order under the provisions of Article 10 regarding public-use facilities managed not in compliance with the standards for maintaining air quality under the provisions of Article 5 to install air purifiers and ventilation equipment under the provisions of Article 8. <Amended by Act No. 7562, May 31, 2005> |
| (3) | (Applicability concerning Control of Indoor Air Quality of Multi-Family Housing) The amended provisions of Article 9 prescribing control of indoor air quality of multi-family housing shall apply starting with the first applications for approval of business plan under the provisions of Article 16 of the Housing Act, or for construction permission filed under the provisions of Article 8 of the Building Act after this Act enters into force. |
| (4) | (Transitional Measures on Administrative Fine) Former provisions shall govern the imposition of administrative fines on the offenses committed prior to the enforcement of this Act. |
| (6) | (Relations with Other Acts and Subordinate Statutes) Any citation of the former Air Quality Control in Underground Locations Act, or of any provision thereof, in any other statutes as at the time this Act enters into force, shall be deemed a citation of this Act or the corresponding provisions of this Act in lieu of the former provisions, if such corresponding provisions exist herein. |
ADDENDA <Act No. 7562, May 31, 2005>
| (1) | (Enforcement Date) This Act shall enter into force on January 1, 2006. |
| (2) | (Application Example to Control of Indoor Air Quality of Boarding House) In applying the provisions of Article 9 (1) and (2) and the amended provisions of paragraph (3) of the same Article, the amended provisions of Article 3 (2) 3 shall apply starting from the boarding house applying for an approval for project plans under Article 16 of the Housing Act or for construction permit under Article 8 of the Building Act. |
ADDENDUM <Act No. 8011, Sep. 27, 2006>
This Act shall enter into force on January 1, 2008.
ADDENDUM <Act No. 8038, Oct. 4, 2006>
Article 1 (Enforcement Date)
This Act shall come into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 8155, Dec. 30, 2006>
| (1) | (Enforcement Date) This Act shall enter into force on January 1, 2007. |
| (2) | (Transitional Measures concerning Penalty Provisions for Violating Improvement Order) The application of the penalty provisions to the violation of the improvement order prior to the enforcement of this Act [including the improvement order provided for in the proviso of paragraph (2) of the Addenda of the Air Quality Control in Underground Locations Act amended by Act No. 6911 (referring to the contents of the Indoor Air Quality Control in Publicly Used Facilities, etc. Act, which are partially amended by Act No. 7562)] shall be governed by the previous provisions. |
ADDENDA <Act No. 8654, Oct. 17, 2007>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. (Proviso omitted.) |
ADDENDA <Act No. 10312, May 25, 2010>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures) The application of penalty provisions to any act committed prior to the enforcement of this Act shall be governed by the previous provisions. |
ADDENDA <Act No. 10789, Jun. 7, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 11665, Mar. 22, 2013>
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 11881, Jun. 12, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on March 23, 2014.
Article 2 (Transitional Measures concerning Formulation of Master Plans to Control Indoor Air Quality)
The Minister of Environment shall formulate a master plan under the amended provisions of Article 4-2 within one year after this Act enters into force.
ADDENDA <Act No. 12216, Jan. 7, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 13601, Dec. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Public Notice, Disposition or Ongoing Acts under the Former Act)
Any public notice, administrative disposition, or other acts related to indoor air quality given, taken, or performed by administrative agencies, as well as any report, data, or other acts submitted or performed toward administrative agencies pursuant to the former Public Health Control Act before this Act enters into force, shall be deemed acts performed by or toward administrative agencies pursuant to this Act which correspond thereto. Articles 3 (Transitional Measures concerning Change of Educational Authorities for Owners, etc. of Public-Use Facilities)
Persons who have undergone education conducted by the Minister of Environment under the former provisions of Article 7 (1) before this Act enters into force, shall be deemed to have undergone education on the control of indoor air quality conducted by a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu under the amended provisions of Article 7 (1).
Article 4 (Transitional Measures concerning Change of Person Authorized to Issue Improvement Orders)
Persons issued an improvement order from the Mayor/Do Governor under the former provisions of Article 10 before this Act enters into force, shall be deemed issued an improvement order from a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu under the amended provisions of Article 10.
Article 5 (Transitional Measures concerning Restrictions on Using Construction Materials Emitting Pollutants)
Notwithstanding the amended provisions of Article 11 (1), the former provisions shall apply to persons who have already commenced establishing (including improving and repairing existing facilities or housing) public-use facilities or multi-family housing, such as where the person has filed an application for building permission under Article 11 of the Building Act or a building report under Article 14 of the same Act before this Act enters into force. Article 6 (Transitional Measures concerning Penalty Provisions)
The former provisions shall apply when penalty provisions apply to any offense committed before this Act enters into force.
Article 7 (Transitional Measures concerning Administrative Fines)
The former provisions shall apply when an administrative fine is imposed regarding any offense committed before this Act enters into force.
Article 8 Omitted.
Article 9 (Relationship with other Acts)
ADDENDA <Act No. 14113, Mar. 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 18 Omitted.
ADDENDA <Act No. 14486, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Articles 4-9 and 12-2 (2) shall enter into force six months after the date of its promulgation. Article 2 (Transitional Measures concerning Transition of Administrative Fines to Penalties)
The former provisions shall apply to any offense committed before this Act enters into force, notwithstanding the amended provisions of Articles 14 (1) 2 and 16 (1) 1.
ADDENDUM <Act No. 15195, Dec. 12, 2017>
This Act shall enter into force six months after the date of its promulgation.