ENFORCEMENT DECREE OF THE WEATHER OBSERVATION STANDARDIZATION ACT
Presidential Decree No. 19556, jun. 29, 2006
Amended by Presidential Decree No. 20593, Jan. 31, 2008
Presidential Decree No. 20680, Feb. 29, 2008
Presidential Decree No. 21185, Dec. 24, 2008
Presidential Decree No. 21881, Dec. 14, 2009
Presidential Decree No. 22740, Mar. 29, 2011
Presidential Decree No. 24448, Mar. 23, 2013
Presidential Decree No. 25628, Sep. 24, 2014
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 26302, jun. 1, 2015
Presidential Decree No. 26527, Sep. 15, 2015
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 28243, Aug. 16, 2017
Presidential Decree No. 28436, Nov. 14, 2017
Presidential Decree No. 28841, Apr. 30, 2018
Presidential Decree No. 31438, Feb. 9, 2021
Presidential Decree No. 31583, Mar. 30, 2021
Presidential Decree No. 32778, Jul. 5, 2022
| Article 2 (Entities to be Governed) |
| (2) | Weather observations not governed by the Act pursuant to Article 3 (2) of the Act are as follows: <Amended on Jan. 31, 2008; Dec. 14, 2009; Jun. 1, 2015; Apr. 30, 2018; Feb. 9, 2021> |
| 1. | The following weather observations for education or research: |
| (a) | Weather observations to perform experiments, practical training, or research activities; |
| (b) | Weather observations to compare and test performance of meteorological instruments; |
| 2. | Weather observations to perform military operations for warfare, military exercises, or defense of national territory which are conducted irregularly or for which security should be maintained; |
| 3. | Marine weather observations to conduct a marine research prescribed in subparagraph 1 of Article 2 of the Act on the Utilization of Marine Research and Marine Information; |
| 5. | Weather observations not exceeding one year. |
| Article 3 (Implementation of Policy on Standardization of Weather Observations) |
| (1) | The policy on the standardization of weather observations under Article 4 (1) of the Act shall include the following: |
| 1. | Standardization of specifications of weather observation equipment, including meteorological instruments; |
| 2. | Formulation of standards for settings for weather observations; |
| 3. | Standardization of weather observation data and quality management; |
| 4. | Standardization of methods for communication among observation agencies to facilitate exchange of weather observation data. |
| (2) | When the Administrator of the Korea Meteorological Administration intends to implement the policy formulated under Article 4 (1) of the Act for the standardization of weather observations, he or she may implement the policy for each field of observation, phase by phase. |
| Article 4 (Guidelines for Formulating Quality Management Plan) |
| 1. | The plan shall include a management plan for maintaining meteorological instruments and observation facilities in optimal condition; |
| 2. | The plan shall include provisions regarding improving and managing settings for weather observations; |
| 3. | The plan shall include provisions regarding education and training of workers engaged in weather observations. |
| (2) | Each observation agency (excluding the Administrator of the Korea Meteorological Administration) shall annually forward a quality management plan provided for in Article 10 (2) of the Act, and a report on the implementation of the plan for the preceding year, to the Administrator of the Korea Meteorological Administration by not later than January 31. |
| Article 5 (Eligibility Criteria for Workers in Charge of Weather Observations) |
"Persons who meet the eligibility criteria prescribed by Presidential Decree" in Article 11 of the Act are as follows: <Amended on Sep. 24, 2014; Aug. 16, 2017; Mar. 30, 2021> | 1. | A person who has graduated from a department or faculty related to meteorology in a university or college defined by subparagraph 1 of Article 2 of the Higher Education Act (including those who are deemed to have the academic background equivalent thereto in accordance with the relevant statutes); |
| 2. | A person qualified as a meteorological engineer under statutes governing national technical qualifications; |
| Article 5-2 (Subject to Type Approval) |
| (1) | "Meteorological instruments prescribed by Presidential Decree" in the main clause of Article 12-2 (1) of the Act means the following meteorological instruments: |
| 11. | Meteorological instruments assembled into a set by structurally combining at least two types of meteorological instruments specified in subparagraphs 1 through 10. |
| (2) | Detailed standards for meteorological instruments under each subparagraph of paragraph (1) shall be determined and publicly notified by the Administrator of the Korea Meteorological Administration. |
[This Article Newly Inserted on Mar. 30, 2021]
| Article 5-3 (Designation Standards for Type Approval Agency) |
“Standards for facilities, equipment, technical personnel, etc. prescribed by Presidential Decree” in Article 12-4 (1) 2 of the Act means standards under attached Table 1. [This Article Newly Inserted on Mar. 30, 2021]
| Article 6 (Testing of Meteorological Instruments) |
| (1) | A person who intends to undergo a test of a meteorological instrument pursuant to the main clause of Article 13 (1) of the Act and paragraph (2) of the same Article shall submit an application for testing to the Administrator of the Korea Meteorological Administration [in cases where an agency designated as a testing agency under Article 14 (1) of the Act (hereinafter referred to as a “testing agency”) performs all or part of the inspection work, referring to a testing agency]. |
| (2) | Except as provided in paragraph (1), matters necessary for tests of meteorological instruments shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Mar. 30, 2021]
| Article 6-2 (Meteorological Instruments Exempt from Testing) |
[This Article Newly Inserted on Mar. 30, 2021]
| Article 7 (Criteria for Designation of Testing and Approval Agency) |
"Testers and testing facilities prescribed by Presidential Decree" in Article 14 (2) of the Act shall means testers and testing facilities prescribed in attached Table 2. [This Article Newly Inserted on Mar. 30, 2021]
| Article 8 (Optimal Setting for Weather Observations for Requesting Installation of Observation Facilities) |
"A place specified by Presidential Decree having the optimal setting for weather observations" in Article 18 (1) of the Act means a place that meets the following criteria: <Amended on Sep. 24, 2014> | 1. | The place shall be spacious and flat enough to install an observation facility; |
| 2. | The distance between the observation facility to be installed, and any obstacle to observations in the surroundings, shall be at least 10 times the height of the obstacle. |
| Article 9 (Operation of Committee for Standardization of Weather Observations) |
| (1) | The chairperson of the committee for the standardization of weather observations under Article 20 (1) of the Act (hereinafter referred to as "Committee") shall convene and preside over Committee meetings. |
| (2) | When the chairperson intends to convene a meeting, he or she shall notify each committee member of the date, time, and venue for the meeting and issues on the agenda by not later than seven days before the scheduled date of the meeting: Provided, That the foregoing shall not apply in emergency or extenuating circumstances. |
| (3) | A majority of the members of the Committee shall constitute a quorum, and any decision thereof shall require the concurring votes of at least a majority of those present. |
| (4) | If necessary for efficiently conducting affairs, the Committee may request relevant institutions, experts, etc. to provide information, present opinions, and cooperate therewith in another manner. |
| (5) | Allowances may be paid and travel expenses may be reimbursed, to committee members and related experts, who attend a meeting of the Committee: Provided, That the foregoing shall not apply where a committee member appointed from among public officials, attends a meeting in direct connection with any of the duties assigned to him or her. |
| (6) | Other matters necessary for the operation of the Committee shall be determined by the chairperson after deliberation by the Committee. |
[Moved from Article 10; Previous Article 9 moved to Article 10 <Nov. 14, 2017>]
| Article 10 (Composition of Committee) |
"A central administrative agency or a local government specified by Presidential Decree" in Article 21 (2) 1 of the Act means any of the following authorities: <Amended on Feb. 29, 2008; Mar. 23, 2013; Sep. 24, 2014; Nov. 19, 2014; Jul. 26, 2017> | 1. | Central administrative agencies: The Ministry of National Defense, the Ministry of the Interior and Safety, the Ministry of Environment, the Ministry of Land, Infrastructure and Transport, the Ministry of Oceans and Fisheries, the Rural Development Administration, the Korea Forest Service, or the Korea Coast Guard; |
| 2. | Local governments: The Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province. |
[Moved from Article 9; Previous Article 10 moved to Article 9 <Nov. 14, 2017>]
[This Article Newly Inserted on Nov. 14, 2017]
| Article 10-2 (Dismissal of Committee Members) |
In any of the following cases, the Administrator of the Korea Meteorological Administration may dismiss from office a committee member commissioned pursuant to Article 21 (2) 2 of the Act: | 1. | If a committee member is unable to continue to perform his or her duties due to mental or physical illness; |
| 2. | If a committee member is found to have committed misconduct in connection with his or her duties; |
| 3. | 3. If a committee member is found incompetent for the office due to neglect of duty, indecent conduct, or any other factor; |
| 4. | If a committee member voluntarily discloses that he or she has difficulty in performing duties. |
[This Article Newly Inserted on Nov. 14, 2017]
| Article 11 (Formation and Operation of Working Subcommittee) |
| (1) | The working subcommittee provided for in Article 21 (5) of the Act shall be comprised of not more than 40 members, including one chairperson. |
| (2) | The secretary of the Committee under Article 21 (3) of the Act shall serve as chairperson of the working subcommittee, and committee members shall be appointed or commissioned from among the following persons: |
| 1. | Grade III or Grade IV public officials who work for the administrative agency to which each committee member specified in Article 21 (2) 1 of the Act belongs; |
| 2. | Persons commissioned by the chairperson of the working subcommittee from among persons who have abundant knowledge and experience in weather observation. |
| (3) | The term of office for committee members commissioned under paragraph (2) 2 shall be two years; but may be consecutively renewed. |
| (4) | The working subcommittee shall have one secretary who shall perform administrative work of the subcommittee; and the secretary shall be appointed by the chairperson of the working subcommittee from among public officials working for the Korea Meteorological Administration. <Amended on Nov. 14, 2017> |
| (5) | Article 9 shall apply mutatis mutandis to the operation of the working subcommittee. In such cases, "Committee" shall be construed as "working subcommittee." <Amended on Nov. 14, 2017> |
| Article 12 (Procedures for Taking Measures against Noncompliance with Requests for Improvement of Facilities) |
| (2) | The guidelines for measures to be taken under paragraph (1) are as prescribed in attached Table 3. |
| Article 13 (Criteria for Imposition of Administrative Fines) |
[This Article Wholly Amended on Mar. 29, 2011]
ADDENDA <Presidential Decree. Jun. 29, 2006>
| (1) | (Enforcement Date) This Decree shall enter into force on July 1, 2006. |
| (2) | (Transitional Measure regarding Existing Observation Facilities) The deadline by which the observation facilities operated by each observation agency as at the time this Decree enters into force, shall be equipped with the resources required by the standards under Article 4 (2) 1, 2, and 4 of the Act, pursuant to paragraph (2) of the Addenda to the Act, is June 30, 2016. |
ADDENDUM <Act No. 20593, Dec. 31, 2008>
| (1) | (Enforcement Date) This Decree shall enter into force on July 1, 2006. |
| (2) | (Transitional Measure regarding Existing Observation Facilities) The deadline by which the observation facilities operated by each observation agency as at the time this Decree enters into force, shall be equipped with the resources required by the standards under Article 4 (2) 1, 2, and 4 of the Act, pursuant to paragraph (2) of the Addenda to the Act, is June 30, 2016. |
ADDENDA <Presidential Decree No. 20593, Jan. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 4, 2008.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 20680, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21185, Dec. 24, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2009. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21881, Dec. 14, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 22740, Mar. 29, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Administrative Fines)
The amended provisions of attached Table 2 shall also apply to violations committed before this Decree enters into force.
ADDENDA <Presidential Decree No. 24448, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 25628, Sep. 24, 2014>
This Decree shall enter into force on September 25, 2014.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the provisions amended by any Presidential Decree that was promulgated but has not entered into force before this Decree enters into force, among the Presidential Decrees amended by Article 5 of the Addenda hereto, shall enter into force on the enforcement date of the relevant Presidential Decree. Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 26302, Jun. 1, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 4, 2015.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 26527, Sep. 15, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended part of a Decree which was promulgated before the enforcement of this Decree, but the date on which it enters into force has not yet arrived, among the Decrees amended by Article 8 of the Addenda, shall enter into force on the enforcement date of the relevant Decree, respectively. Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 28243, Aug. 16, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28436, Nov. 14, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 (Transitional Measure concerning Testing of Snow-Depth Meters)
Observational authorities using snow-depth meters, specified in the amended provisions of Article 6 (1) 10, for observation as of the enforcement date under the proviso of Article 1 of the Addenda shall have such snow-depth meters tested according to Article 13 (2) of the Act within five years from the enforcement date under the proviso of Article 1 of the Addenda.
ADDENDA <Presidential Decree No. 28841, Apr. 30, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 1, 2018.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 31438, Feb. 9, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force February 19, 2021.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 31583, Mar. 30, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 18, 2021.
Article 2 (Applicability to Exemption of Meteorological Instrument)
The amended provisions of Article 6-2 shall apply from cases where a person who manufactures, imports, or installs meteorological instruments as a business after this Decree enters into force receives a test under Article 13 (1) of the Act to provide meteorological instruments for observation purposes by observation agencies.
ADDENDUM <Presidential Decree No. 32778, Jul. 5, 2022>
This Decree shall enter into force on the date of its promulgation.