WEATHER ACT
Wholly Amended by Act No. 7804, Dec. 30, 2005
Amended by Act No. 8221, Jan. 3, 2007
Act No. 8852, Feb. 29, 2008
Act No. 9309, Dec. 31, 2008
Act No. 9771, jun. 9, 2009
Act No. 10445, Mar. 9, 2011
Act No. 11067, Sep. 30, 2011
Act No. 11690, Mar. 23, 2013
Act No. 11713, Mar. 23, 2013
Act No. 11905, Jul. 16, 2013
Act No. 12320, Jan. 21, 2014
Act No. 12455, Mar. 18, 2014
Act No. 12844, Nov. 19, 2014
Act No. 13162, Feb. 3, 2015
Act No. 13581, Dec. 22, 2015
Act No. 14079, Mar. 22, 2016
Act No. 14116, Mar. 29, 2016
Act No. 14786, Apr. 18, 2017
Act No. 14839, Jul. 26, 2017
Act No. 15344, Jan. 16, 2018
Act No. 17424, jun. 9, 2020
Act No. 19225, Feb. 14, 2023
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to protecting life and property of citizens from meteorological disasters and climate change and enhancing public interests by providing for basic matters necessary for efficient national meteorological services and by promoting a sound development of meteorological services. <Amended on Apr. 18, 2017>
[This Article Wholly Amended on Dec. 31, 2008]
The terms used in this Act are defined as follows: <Amended on, Sep. 30, 2011; Jan. 21, 2014; Apr. 18, 2017; Feb. 14, 2023>
| 1. | The term "atmospheric phenomena" means various phenomena of the atmosphere, such as rain, snow, cloud, and typhoon; |
| 2. | The term "terrestrial phenomena" means various phenomena that occur on or under the earth's surface closely related to the weather, such as freezing of the ground, frost, and dew; |
| 2-2. | Deleted; <Jan. 21, 2014> |
| 3. | The term "hydrological phenomena" means various phenomena closely related to atmospheric or terrestrial phenomena, which occur in a river or lake on land or ocean, such as water fog, the ice formation or evaporation of river, flow rate, water level, wind wave, surge, swell, and ocean fog; |
| 3-2. | Deleted; <Jan. 21, 2014> |
| 4. | The term "meteorological phenomena" means the following: |
| (a) | Atmospheric phenomena; |
| (b) | Terrestrial phenomena; |
| (c) | Hydro-meteorological phenomena; |
| (d) | Various phenomena occurring outside the atmosphere that affect atmospheric, terrestrial and hydro-meteorological phenomena; |
| 4-2. | The term “marine meteorological phenomena” means meteorological phenomena resulting from interactions between the ocean and the atmosphere over ocean; |
| 4-3. | The term “aeronautical meteorological phenomena” means meteorological phenomena that affect aircraft operations; |
| 4-4. | The term "hydrometeorological phenomena" means meteorological phenomena relevant to water fluxes between the atmosphere and the earth surface; |
| 5. | The term "weather observation" means the observation and measurement of meteorological phenomena by scientific methods; |
| 6. | The term "climate" means average conditions of meteorological phenomena in a specific region during a given period; |
| 7. | The term "climate change" means meteorological phenomena deviating from its average conditions over a considerable period of time due to human activities or natural causes; |
| 8. | The term "meteorological services" means the following services: |
| (a) | Weather observations and forecasts; |
| (b) | Climate projection and prediction; |
| (c) | Monitoring and investigating impacts of climate change and formulating countermeasures against climate change; |
| (d) | Exchange, surveys, and analyses of, research on statistics and information on meteorological phenomena and climate and services incidental to such services; |
| 9. | "Forecast" means the announcement of prediction on the basis of results of weather observations, results of numerical prediction, climate information, etc.; |
| 10. | The term "severe weather alert" means a forecast calling attention to, or issuing a warning of an anticipated severe disaster due to any meteorological phenomena; |
| 11. | The term "meteorological instrument" means a machine, instrument, or device used for weather observations; |
| 12. | Deleted; <Jun. 9, 2009> |
| 13. | The term "meteorological facilities" means observing facilities, forecasting facilities, and telecommunications facilities necessary for conducting meteorological services and other facilities incidental thereto, such as buildings, etc. for the installation and operation thereof; |
| 14. | The term "weather information system" means a systematically organized system of machines, programs, databases, etc. combined to collect, process, store, search, display, transmit, receive, and utilize domestic and overseas data on meteorological services. |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 3 (Relationship to Other Statutes) |
| (1) | Except as provided in other statutes, meteorological services shall be governed by this Act. |
| (2) | Any other legislation or amendment to existing legislation regarding meteorological services shall be made fit for the purpose of this Act. <Newly Inserted on Apr. 18, 2017> |
| (3) | Matters necessary for the standardization of weather observations shall be provided for in a separate Act. |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 4 (Responsibilities of the State) |
The State shall acknowledge that a stable provision of information on meteorological services is an essential element in stabilizing the lives of citizens and shall prepare and implement the following policy measures: <Amended on Apr. 18, 2017; Feb. 14, 2023>
| 1. | Matters concerning the maintenance of a system for producing and issuing information on meteorological services; |
| 2. | Matters concerning cooperation between State agencies and local governments, etc. to ensure optimal conditions for weather observations; |
| 3. | Matters concerning the expansion, etc. of meteorological organizations, human resources, and facilities for preventing meteorological disasters; |
| 4. | Matters concerning the provision of meteorological services to create social and economic value by utilizing weather and climate information. |
[This Article Wholly Amended on Dec. 31, 2008]
CHAPTER II FORMULATION OF NATIONAL METEOROLOGICAL MASTER PLANS
| Article 5 (Formulation of National Meteorological Master Plans) |
| (1) | The Administrator of the Korea Meteorological Administration shall formulate and implement a national meteorological master plan (hereinafter referred to as "master plan") every five years in consultation with heads of relevant central administrative agencies, in order to systematically and efficiently achieve the purposes of this Act, such as a sound development of meteorological services. <Amended on Feb. 14, 2023> |
| (2) | Deleted. <Feb. 14, 2023> |
| (3) | A master plan shall include the following: <Amended on Apr. 18, 2017; Feb. 14, 2023> |
| 1. | Matters concerning the basic goals and direction for meteorological services; |
| 2. | Matters concerning expanding investment in technology, conducting research and development, disseminating research outcomes, and promoting technology transfer and commercialization with respect to meteorological services; |
| 3. | Matters concerning establishing and managing the weather information system, promoting the convergence and use of information regarding meteorological services, and conducting joint use; |
| 4. | Matters concerning promoting the development of meteorological instrument technologies and standardization of observation methods; |
| 5. | Matters concerning support for climate change response; |
| 6. | Matters concerning the enhancement of international cooperation and inter-Korean cooperation in meteorological services; |
| 7. | Matters concerning education and human resources training related to meteorological services; |
| 8. | Other matters necessary for developing meteorological services. |
| (4) | The Administrator of the Korea Meteorological Administration shall formulate and implement an implementation plan (hereinafter referred to as "implementation plan") every year in accordance with the master plan. <Newly Inserted on Feb. 14, 2023> |
| (5) | The Administrator of the Korea Meteorological Administration shall without delay notify the heads of relevant central administrative agencies of the formulated master plan and implementation plan. <Amended on Feb. 14, 2023> |
| (6) | Matters necessary for the procedures for formulating a master plan and an implementation plan and other relevant matters shall be prescribed by Presidential Decree. <Amended on Feb. 14, 2023> |
[This Article Wholly Amended on Dec. 31, 2008]
[Title Amended on Feb. 14, 2023]
| Article 6 (Cooperation for Formulation of Plans) |
| (1) | Where necessary for formulating and implementing a master plan or an implementation plan, the Administrator of the Korea Meteorological Administration may request the head of a relevant central administrative agency for necessary cooperation, such as the submission of relevant data, as prescribed by Presidential Decree. |
| (2) | Upon receipt of a request for cooperation under paragraph (1), the head of a relevant central administrative agency shall comply with the request unless there is good cause. |
[This Article Wholly Amended on Feb. 14, 2023]
| Article 7 (Establishment and Management of Observation Networks) |
| (1) | The Administrator of the Korea Meteorological Administration shall establish a weather observation network at necessary places and observe meteorological phenomena to produce information on meteorological phenomena. |
| (2) | The types of weather observation networks shall be classified as follows: |
| 1. | Surface weather observation networks; |
| 2. | Aerological observation networks; |
| 3. | Marine weather observation networks; |
| 4. | Aeronautical weather observation networks; |
| 5. | Meteorological satellite observation networks; |
| 6. | Meteorological radar observation networks; |
| 7. | Climate change observation networks; |
| 8. | Other observation networks established as deemed necessary by the Administrator of the Korea Meteorological Administration. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for the management and operation of a weather observation network shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Feb. 14, 2023]
| Article 7-2 (Establishment and Operation of Surface Weather Observation Networks) |
| (1) | The Administrator of the Korea Meteorological Administration may collect and use observed information for the purposes of establishing and operating a surface weather observation network under Article 7 (2) 1 and supporting the forecasts and severe weather alerts, etc. under Article 13, 13-2 through 13-4, 14, or 14-2. |
| (2) | Matters necessary for establishing and operating a surface weather observation network and for collecting and using information under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Feb. 14, 2023]
[Previous Article 7-2 moved to Article 7-4 <Feb. 14, 2023>]
| Article 7-3 (Establishment and Operation of Aerological Observation Networks) |
| (1) | The Administrator of the Korea Meteorological Administration may collect and use observed information for the purposes of establishing and operating an aerological observation network under Article 7 (2) 2 and supporting the forecasts and severe weather alerts, etc. under Article 13, 13-2 through 13-4, 14, or 14-2. |
| (2) | Matters necessary for establishing and operating an aerological observation network and for collecting and utilizing information under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Feb. 14, 2023]
| Article 7-4 (Establishment and Operation of Marine and Aeronautical Weather Observation Networks) |
| (1) | The Administrator of the Korea Meteorological Administration shall establish and operate a marine weather observation network to support the safe operation of ships and marine activities, as prescribed by Presidential Decree. <Amended on Feb. 14, 2023> |
| (2) | In order to support the safe operation of aircraft, the Administrator of the Korea Meteorological Administration shall, as prescribed by Presidential Decree, establish and operate aeronautical weather observation networks in the aerodromes defined in subparagraph 21 of Article 2 of the Aviation Safety Act, the airports defined in subparagraph 22 of that Article, or the flight information regions defined in subparagraph 11 of that Article: Provided, That this shall not apply to any observation networks established in the air operations bases defined in subparagraph 4 of Article 2 of the Protection of Military Bases and Installations Act. <Amended on Feb. 14, 2023> |
| (3) | If the head of a central administrative agency other than the Administrator of the Korea Meteorological Administration intends to establish an observation network regarding aeronautical meteorological phenomena, he or she shall have a prior consultation with the Administrator of the Korea Meteorological Administration. |
| (4) | Matters necessary for establishing marine and aeronautical weather observation networks; making observations through such networks; and conducting relevant activities, except as provided in paragraphs (1) through (3), shall be prescribed by Presidential Decree. <Amended on Feb. 14, 2023> |
[This Article Newly Inserted on Apr. 18, 2017]
[Title Amended on Feb.14, 2023]
[Moved from Article 7-2 <Feb. 14, 2023>]
| Article 8 (Establishment and Operation of Meteorological Satellite Observation Networks) |
| (1) | To support observation activities through observation networks prescribed in Article 7 or to produce information on physical phenomena occurring in outer space under Article 14-3 or climate surveillance, etc. prescribed in Article 21, the Administrator of the Korea Meteorological Administration may establish and operate a meteorological satellite observation network and collect and use observed information. <Amended on Apr. 18, 2017; Feb. 14, 2023> |
| (2) | Matters necessary for establishing and operating the meteorological satellite observation network and collecting and utilizing information under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Sep. 30, 2011> |
[This Article Wholly Amended on Dec. 31, 2008]
[Title Amended on Feb. 14, 2023]
| Article 8-2 (Establishment and Operation of Meteorological Radar Observation Networks) |
| (1) | The Administrator of the Korea Meteorological Administration may establish and operate a meteorological radar observation network to support the observation of observation networks under Article 7 and may collect and use the observed information to support forecasts and severe weather alerts, etc. under Article 13, 13-2 through 13-4, 14, or 14-2. <Amended on Feb. 14, 2023> |
| (2) | Matters necessary for establishing and operating the meteorological radar observation network and for collecting and utilizing the information pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jun. 9, 2020]
| Article 8-3 (Establishment and Operation of Climate Change Observation Networks) |
| (1) | The Administrator of the Korea Meteorological Administration may establish and operate a climate change observation network to collect data from monitoring and observing the earth's atmosphere and to monitor climate change under Article 21, and may collect and use the observed information to conduct climate change impact assessments and to formulate countermeasures, etc. |
| (2) | Matters necessary for establishing and operating the climate change observation network and for collecting and using information under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Feb. 14, 2023]
| Article 9 (Requests for Specific Observation Data) |
| (1) | Where necessary for issuing marine meteorological forecasts and marine severe weather alerts under Article 14 and aeronautical meteorological forecasts and aeronautical severe weather alerts under Article 14-2, the Administrator of the Korea Meteorological Administration may request the owner of any of the following ships or aircraft (referring to a charterer, if a ship or aircraft is chartered for operation) to provide him or her with weather observation data: <Amended on Sep. 30, 2011; Mar. 23, 2013; Mar. 29, 2016; Feb. 14, 2023> |
| 1. | Ships designated by the Administrator of the Korea Meteorological Administration in consultation with the Minister of Oceans and Fisheries, among ships equipped with radio equipment pursuant to Article 29 of the Ship Safety Act and meteorological instruments; |
| (2) | Where the Administrator of the Korea Meteorological Administration needs data observed at a meteorological observing facility (including mobile meteorological systems) established and operated by a disaster management agency defined in subparagraph 5 of Article 3 of the Framework Act on the Management of Disasters and Safety or by an institution or organization referred to in Article 32 (2) 1 through 6 of this Act, he or she may request the head of the institution or organization for the joint use of such facility and the provision of observed data. <Newly Inserted on Feb. 14, 2023> |
| (3) | The owner of a ship or an aircraft or the head of an institution or organization upon receipt of a request under paragraph (1) or (2) shall comply therewith, unless there is a compelling reason not to do so. <Newly Inserted on Feb. 14, 2023> |
| (4) | The Administrator of the Korea Meteorological Administration may reimburse all or some of the expenses incurred in providing observation data under paragraphs (1) and (2), within the budget. |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 10 Deleted. <Apr. 18, 2017> |
| Article 11 (Announcements of Observation Results) |
If the Administrator of the Korea Meteorological Administration deems it necessary to make a prompt announcement of the results of weather observation and relevant information in order to enhance the safety and welfare of the public, he or she shall immediately make such announcement through broadcasting stations, newspapers, news agencies, and other appropriate news media (hereinafter referred to as "news media") or by other appropriate means. <Amended on Sep. 30, 2011>
[This Article Wholly Amended on Dec. 31, 2008]
CHAPTER IV MANAGEMENT AND JOINT USE OF INFORMATION ON METEOROLOGICAL SERVICES
| Article 12 (Establishment of Systems for Management and Joint Use of Information on Meteorological Services) |
| (1) | The Administrator of the Korea Meteorological Administration shall establish and operate a weather information system (including incidental facilities) to facilitate the dissemination and use of information on meteorological services. |
| (2) | The Administrator of the Korea Meteorological Administration may request cooperation under paragraph (1) from State agencies, local governments, and persons prescribed by Ordinance of the Ministry of Environment, which produce and manage information on meteorological services. |
[This Article Wholly Amended on Dec. 31, 2008]
CHAPTER V FORECASTS AND SEVERE WEATHER ALERTS
| Article 13 (Forecasts of Meteorological Phenomena and Meteorological Impacts) |
| (1) | The Administrator of the Korea Meteorological Administration shall issue forecasts of meteorological phenomena in order to enhance convenience for citizens' life. <Amended on Feb. 14, 2023> |
| (2) | The Administrator of the Korea Meteorological Administration may issue necessary forecasts regarding the impact of meteorological phenomena on the lives, bodies, properties, and livelihood of citizens at a specific time or place (hereafter in this Article referred to as “meteorological impact”), in consultation with the head of a relevant central administrative agency. <Newly Inserted on Apr. 18, 2017; Feb. 14, 2023> |
| (3) | Matters necessary for the types, details, target areas, etc. of forecasts under paragraphs (1) and (2) shall be prescribed by Presidential Decree. <Amended on Apr. 18, 2017; Feb. 14, 2023> |
[This Article Wholly Amended on Dec. 31, 2008]
[Title Amended on Feb. 14, 2023]
| Article 13-2 (Severe Weather Alerts) |
| (1) | If the Administrator of the Korea Meteorological Administration deems that a meteorological phenomenon is likely to create a disaster on the grounds that the amount of precipitation, temperature, wind velocity, or the like meets criteria prescribed by Presidential Decree, he or she shall issue a severe weather alert. |
| (2) | If a severe weather alert is expected and it is necessary to prepare in advance, the Administrator of the Korea Meteorological Administration may make an announcement to provide advance notice of the possibility of a severe weather alert (hereinafter referred to as "preliminary severe weather alert"). |
| (3) | Matters necessary for the types, details, target areas, etc. of severe weather alerts and preliminary severe weather alerts under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Feb. 14, 2023]
[Previous Article 13-2 moved to Article 13-3 <Feb. 14, 2023>]
| Article 13-3 (Provision of Information on Hydrometeorological Phenomena and Meteorological Drought Forecasts) |
| (1) | The Administrator of the Korea Meteorological Administration shall provide information on hydrometeorological phenomena to efficiently respond to meteorological disasters, such as flood caused by heavy rain: Provided, That hydrological investigations and flood forecasts prescribed in the Act on the Investigation, Planning, and Management of Water Resources shall be excluded herefrom. <Newly Inserted on Feb. 14, 2023> |
| (2) | The Administrator of the Korea Meteorological Administration shall issue necessary forecasts regarding meteorological drought (referring to the phenomenon that, in a specific area, the precipitation is less than the average precipitation and the dry period lasts for a certain period of time) so that it can be available to the general public. <Amended on Feb. 14, 2023> |
| (3) | Matters necessary for the provision of information on hydrological phenomena under paragraph (1) and the types, details, target areas, etc. of forecasts of meteorological droughts under paragraph (2) shall be prescribed by Presidential Decree. <Newly Inserted on Feb. 14, 2023> |
[This Article Newly Inserted on Apr. 18, 2017]
[Title Amended on Feb. 14, 2023]
[Moved from Article 13-2 <Feb. 14, 2023>]
| Article 13-4 (Typhoon Forecasts) |
| (1) | The Administrator of the Korea Meteorological Administration shall, in order to support response to disasters caused by typhoon, issue a necessary forecast (hereinafter referred to as "typhoon forecast") where a typhoon occurs or is located in such target areas in the Northwest Pacific Ocean as prescribed by Presidential Decree. |
| (2) | Other matters necessary for typhoon forecasts such as the details of typhoon forecasts shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Feb. 14, 2023]
| Article 14 (Marine Meteorological Forecasts and Marine Severe Weather Alerts) |
| (1) | The Administrator of the Korea Meteorological Administration shall issue forecasts necessary for supporting the safe navigation of ships and marine activities and protecting marine facilities (hereinafter referred to as "marine meteorological forecast"). |
| (2) | The Administrator of the Korea Meteorological Administration shall issue a necessary severe weather alert (hereinafter referred to as "marine severe weather alert") where a meteorological phenomenon causes wind velocity, wave height, etc. to meet the criteria prescribed by Presidential Decree, thereby raising the possibility of seriously affecting the safe operation of ships and marine-related activities or of causing disasters to marine facilities, etc. |
| (3) | Where a marine severe weather alert is expected and it is necessary to prepare in advance for a disaster, the Administrator of the Korea Meteorological Administration may make an announcement to provide advance notice of the possibility of a marine severe weather alert (hereinafter referred to as "preliminary marine severe weather alert"). |
| (4) | Matters necessary for the types, details, target areas, etc. of marine meteorological forecasts, marine severe weather alerts, and preliminary marine severe weather alters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Feb. 14, 2023]
| Article 14-2 (Aeronautical Meteorological Forecasts and Aeronautical Severe Weather Alerts) |
| (1) | The Administrator of the Korea Meteorological Administration shall issue forecasts necessary for the safe operation of aircraft (hereinafter referred to as "aeronautical meteorological forecast"). |
| (2) | The Administrator of the Korea Meteorological Administration shall issue a necessary severe weather alert (hereinafter referred to as "aeronautical severe weather alert") where he or she expects that weather conditions could materially affect the safe operation of aircraft or cause disaster to airport facilities, etc. |
| (3) | Matters necessary for the types, details, target areas, etc. of aeronautical meteorological forecasts and aeronautical severe weather alerts shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Feb. 14, 2023]
[Previous Article 14-2 moved to Article 14-3 <Feb. 14, 2023>]
| Article 14-3 (Forecasts and Severe Weather Alerts about Impact of Physical Phenomena Occurring in Outer Space on Meteorological Phenomena) |
| (1) | The Administrator of the Korea Meteorological Administration shall issue necessary forecasts for the impact of physical phenomena occurring in outer space on meteorological phenomena, climate, and meteorological satellites. <Amended on Feb. 14, 2023> |
| (2) | Where the Administrator of the Korea Meteorological Administration deems that physical phenomena occurring in outer space is likely to materially affect meteorological phenomena, climate, and meteorological satellites, thereby causing a serious disaster, he or she shall issue severe weather alerts for the impacts of physical phenomena occurring in outer space on meteorological phenomena, climate, and meteorological satellites. <Newly Inserted on Feb. 14, 2023> |
| (3) | Matters necessary for the types and details, etc. of forecasts and severe weather alerts referred to in paragraph (1) shall be prescribed by Presidential Decree. <Amended on Feb. 14, 2023> |
[This Article Newly Inserted on Sep. 30, 2011]
[Moved from Article 14-2 <Feb. 14, 2023>]
| Article 14-4 (Notification of Forecasts, Severe Weather Alerts, and Preliminary Severe Weather Alerts) |
| (1) | The Administrator of the Korea Meteorological Administration shall, where he or she issues any of the following forecasts, severe weather alerts, or preliminary severe weather alerts, give such information by using news media or posting on information and communications networks or by other appropriate means: |
| 1. | Forecast of meteorological phenomena under Article 13 (1) and forecast of meteorological impacts under paragraph (2) of that Article; |
| 2. | Severe weather alerts under Article 13-2 (1) or preliminary severe weather alerts under paragraph (2) of that Article; |
| 4. | Marine meteorological forecasts, marine severe weather alerts, or preliminary marine severe weather alerts; |
| (2) | The Administrator of the Korea Meteorological Administration shall, where he or she issues aeronautical meteorological forecasts or aeronautical severe weather alerts, inform the public of such fact by appropriate means, such as the use of aviation information and communications facilities defined in subparagraph 18 of Article 2 of the Airport Facilities Act or the posting thereof on the information and communications network. |
| (3) | Where the Administrator of the Korea Meteorological Administration issues a meteorological drought forecast under Article 13-3 (2), a forecast under Article 14-3 (1), or a severe weather alert under paragraph (2) of that Article, he or she shall give such information by appropriate means, such as posting on the information and communications network. |
[This Article Newly Inserted on Feb. 14, 2023]
| Article 15 (Notification of Severe Weather Alerts) |
| (1) | Where the Administrator of the Korea Meteorological Administration issues or lifts a severe weather alert pursuant to Article 13-2 (1) or issues a preliminary severe weather alert pursuant to paragraph (2) of that Article, he or she shall immediately notify the following agencies of such fact: <Amended on Sep. 30, 2011; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Jun. 9, 2020; Feb. 14, 2023> |
| 2. | The Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, a Special Self-Governing Province, or a Si/Gun; |
| 3. | Other agencies prescribed by Presidential Decree that need to be notified of severe weather alerts to prevent disasters. |
| (2) | Where the Administrator of the Korea Meteorological Administration issues or lifts a marine severe weather alert, aeronautical severe weather alert, or severe weather alert under Article 14-3 (2) or issues a preliminary marine severe weather alert, he or she shall immediately notify agencies of such fact in accordance with the following classifications: <Newly Inserted on Feb. 14, 2023> |
| 1. | A marine severe weather alert and a preliminary marine severe weather alert: Marine-related institutions prescribed by Presidential Decree; |
| 2. | An aeronautical severe weather alert: Aviation-related institutions prescribed by Presidential Decree; |
| 3. | A severe weather alert provided in Article 14-3 (2): Outer space-related institutions prescribed by Presidential Decree. |
| (3) | Agencies notified under paragraph (1) or (2) shall take measures necessary for protecting the lives, bodies, and properties of citizens from disasters caused by meteorological phenomena and for securing safety pursuant to the statutes and regulations under their respective jurisdictions. <Amended on Feb. 14, 2023> |
| (4) | Matters regarding procedures for agencies notified under paragraph (1) or (2) to receive severe weather alerts and to designate persons in charge shall be prescribed by Presidential Decree. <Amended on Feb. 14, 2023> |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 16 (Requests for Emergency Broadcasts on Meteorological Phenomena) |
| (1) | The Administrator of the Korea Meteorological Administration may request a broadcasting station designated as an organizer of disaster broadcasting services by the Minister of Science and ICT and the Korea Communications Commission pursuant to Article 40-2 of the Framework Act on Broadcasting Communications Development, to promptly broadcast weather forecasts in cases falling under the requirements prescribed by Presidential Decree, including cases where it is urgently necessary to issue a severe weather alert, etc. to citizens in order to prevent weather disasters. <Amended on Mar. 23, 2013; Dec. 22, 2015; Jul. 26, 2017> |
| (2) | The organizer of disaster broadcasting services shall, upon receipt of a request prescribed in paragraph (1), comply with such request, unless there is a compelling reason not to do so. |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 17 (Restrictions on Forecasts and Severe Weather Alerts) |
No one, other than the Administrator of the Korea Meteorological Administration, shall issue forecasts or severe weather alerts: Provided, That this shall not apply to any of the following cases: <Amended on Jun. 9, 2009; Sep. 30, 2011; Jul. 16, 2013; Feb. 14, 2023>
| 1. | Where it is necessary for defense purposes; |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 17-2 (Development and Operation of Numerical Weather Prediction Systems) |
| (1) | The Administrator of the Korea Meteorological Administration may develop and operate a numerical weather prediction system that can produce data on the prediction of meteorological phenomena by running numerical prediction models (referring to computer programs to forecast meteorological phenomena for the future) in order to support the production of forecasts and severe weather alerts. |
| (2) | Details necessary for developing and operating the numerical weather prediction system under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Feb. 14, 2023]
| Article 17-3 (Qualifications and Duties of Forecasters) |
| (1) | A forecaster shall be an employee belonging to the Korea Meteorological Administration and shall have any of the following qualifications: |
| 1. | He or she shall have completed basic education provided in Article 35 (1); |
| 2. | He or she shall work experience in the field of forecasting prescribed by Ordinance of the Ministry of Environment; |
| 3. | He or she shall have obtained such national technical qualifications in the meteorological field prescribed by Ordinance of the Ministry of Environment. |
| (2) | A forecaster shall perform the following duties: |
| 1. | Monitoring and analysis for producing forecasts and severe weather alerts; |
| 2. | Producing and announcing forecasts and severe weather alerts; |
| 3. | Conducting periodic follow-up analysis prescribed by Ordinance of the Ministry of Environment regarding the actual conditions and causes of meteorological phenomena subject to forecasts and severe weather alerts, grounds for judgment of forecasts and severe weather alerts, improvements in matters regarding the production of forecasts and severe weather alerts, etc. |
[This Article Newly Inserted on Feb. 14, 2023]
| Article 17-4 (Establishment and Operation of National Meteorological Center) |
| (1) | The Administrator of the Korea Meteorological Administration may establish and operate a national meteorological center in the Korea Meteorological Administration in order to regularly monitor the actual conditions and changes of meteorological phenomena which can endanger the lives, bodies, and properties of citizens to efficiently produce and issue forecasts and severe weather alerts. |
| (2) | The Administrator of the Korea Meteorological Administration may establish and operate a local meteorological center in a regional meteorological agency having jurisdiction over the relevant area, where he or she deems it necessary to regularly monitor the actual conditions and changes of meteorological phenomena in consideration of population distribution, topography, regional characteristics of urban and rural communities, etc. and to efficiently produce and issue forecasts and severe weather alerts. |
| (3) | Matters necessary for the installation, operation, etc. of the national meteorological center and a regional meteorological center under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Feb. 14, 2023]
| Article 18 (Prohibition of Weather Control) |
No one, other than the Administrator of the Korea Meteorological Administration, shall engage in any activity with a view to changing or controlling meteorological phenomena, such as rain, snow, hailstorm, and fog by manipulating weather conditions: Provided, That the foregoing shall not apply to cases approved by the Administrator of the Korea Meteorological Administration, as prescribed by Ordinance of the Ministry of Environment, for the prevention of weather disasters and for meteorological research.
[This Article Wholly Amended on Dec. 31, 2008]
| Article 19 (Collection of Information on Meteorological Phenomena and Announcements of such Information through Telecommunications Systems) |
| (1) | The Administrator of the Korea Meteorological Administration shall announce the following matters collected and integrated with respect to domestic and overseas meteorological phenomena through telecommunications systems so that domestic and overseas institutions providing meteorological services, ships, or aircraft can receive such information: |
| 1. | Results of weather observations; |
| 2. | Forecasts and severe weather alerts; |
| 3. | Other information on weather conditions. |
| (2) | Matters necessary for areas affected by announcements under paragraph (1), methods thereof, etc. shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 19-2 (Subsidization of Expenses for Installation of Wireless Communications Equipment) |
The Administrator of the Korea Meteorological Administration may, within the budget, fully or partially subsidize the owner of a ship who installs such equipment to receive forecasts of meteorological phenomena under Article 13, severe weather alerts under Article 13-2, marine meteorological forecasts, and marine severe weather alerts to cover the expenses incurred in the installation of wireless communications equipment prescribed by Ordinance of the Ministry of Environment. [This Article Newly Inserted on Feb. 14, 2023]
| Article 19-3 (Inter-Agency Cooperation for Prevention of Disasters Caused by Meteorological Phenomena) |
| (1) | The Administrator of the Korea Meteorological Administration may request the head of a central administrative agency and the head of a local government to cooperate in order to strengthen cooperative response against disasters caused by meteorological phenomena, to effectively communicate and issue produced forecasts and severe weather alerts, and to use such forecasts and severe weather alerts. In such cases, the head of an agency upon receipt of a request shall comply with such request, unless there is a compelling reason not to do so. |
| (2) | Where the head of a central administrative agency or the head of a local government requests the provision of forecasts or severe weather alerts or assistance, such as explanation, to respond to or recover from various disasters or to formulate measures to prevent disasters caused by meteorological phenomena, the Administrator of the Korea Meteorological Administration may provide such assistance. |
| (3) | Matters necessary for cooperation among agencies for the prevention of disasters caused by meteorological phenomena under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Feb. 14, 2023]
| Article 20 (Duty to Make Efforts to Conduct Climate Surveillance) |
The Administrator of the Korea Meteorological Administration shall make efforts in monitoring climate changes, conducting climate change impact assessments, improving the ability to research climate and to forecast weather, and facilitating the utilization of information on climate. <Amended on Feb. 14, 2023>
| Article 21 (Climate Surveillance and Impact Assessment) |
| (1) | The Administrator of the Korea Meteorological Administration shall monitor changes in the earth’s atmosphere, etc. and collect, analyze, and manage data from monitoring and observing the earth's atmosphere (referring to data from observing the atmosphere on the ozone layer in the stratosphere, concentrations of major greenhouse gases in the atmosphere, and gaseous and particulate matter that affects the quality of air in each region), and publicly announce the results thereof on a regular basis. <Amended on Feb. 14, 2023> |
| (2) | The Administrator of the Korea Meteorological Administration shall conduct climate-impact relationship surveys to help formulate countermeasures against climate change. <Amended on Jul. 16, 2013; Feb. 14, 2023> |
| (3) | The Administrator of the Korea Meteorological Administration may, if necessary for conducting climate-impact relationship surveys under paragraph (2), request the head of a relevant central administrative agency, the head of a local government, or the head of a public institution under Article 4 of the Act on the Management of Public Institutions (hereinafter referred to as "public institution") to submit data on climate- impact relationship collected by the relevant agency. In such cases, the head of a central administrative agencies, the head of a local government, or the head of a public institutions upon receipt of a request shall comply therewith unless there is a compelling reason not to do so. <Newly Inserted on Feb. 14, 2023> |
| (4) | The Administrator of the Korea Meteorological Administration shall forecast trends in climate change, including the formulation of national standard climate change scenarios. <Newly Inserted on Feb. 14, 2023> |
| (5) | Matters necessary for collecting, analyzing, managing, and publicly announcing data from monitoring and observing the earth's atmosphere under paragraph (1), climate-impact relationship surveys under paragraph (2), and the forecast of trends in climate change shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Jul. 16, 2013; Feb. 14, 2023> |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 21-2 (Certification of National Standard Climate Change Scenario) |
| (1) | The Administrator of the Korea Meteorological Administration shall, in order to enhance the accuracy and availability of predictions about climate change trends, formulate and publicly notify the national standard scenarios of climate change based on the standards adopted by international organizations prescribed by Ordinance of the Ministry of Environment, after consultation with the heads of relevant central administrative agencies. |
| (2) | The Administrator of the Korea Meteorological Administration may certify the national standards for climate change scenarios according to the standards established under paragraph (1). |
| (3) | If a national standard climate change scenario certified under paragraph (2) no longer meets the standards established under paragraph (1), the Administrator of the Korea Meteorological Administration may revoke the certification thereof: Provided, That where the certification under paragraph (2) is granted by fraud or other improper means, the Administrator of the Korea Meteorological Administration shall revoke such certification. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the certification of the national standard climate change scenarios, such as certification procedures, shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jul. 16, 2013]
| Article 22 (Issuance of Climate Forecasts) |
| (1) | The Administrator of the Korea Meteorological Administration shall issue climate forecasts so that the general public can access such information. |
| (2) | Matters necessary for the cycles and methods of issuance of climate forecasts under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 23 (Management of Climate Data and Utilization of Converged Weather Information) |
| (1) | The Administrator of the Korea Meteorological Administration shall collect and manage climate data, produce various application data, and publicly announce statistics on such data on a regular basis. |
| (2) | The Administrator of the Korea Meteorological Administration shall take measures necessary for the integrated management of climate data, such as building up a database, and endeavor to improve the quality of climate data, so that citizens can use such data in an easier and more convenient way. <Newly Inserted on Jul. 16, 2013> |
| (3) | The Administrator of the Korea Meteorological Administration shall endeavor to produce and disseminate weather information created through convergence between meteorological services and other services (hereafter in this Article referred to as “converged weather information”) by utilizing the data pursuant to paragraph (1). <Newly Inserted on Apr. 18, 2017> |
| (4) | Matters necessary for the production, collection and management of climate data, applied data and converged weather information, other than those provided for in paragraphs (1) through (3), shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Apr. 18, 2017> |
[This Article Wholly Amended on Dec. 31, 2008]
[Title Amended on Apr. 18, 2017]
| Article 24 (Establishment of Climate Advisory Organization) |
| (1) | The Administrator of the Korea Meteorological Administration may establish and operate an advisory organization in order to promote activities in a climate area and to systematically cope with climate-related issues. <Amended on Dec. 31, 2008> |
| (2) | Matters necessary for the organization and operation of the advisory organization under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Dec. 31, 2008> |
[Title Amended on Dec. 31, 2008]
| Article 25 Deleted. <Jan. 21, 2014> |
| Article 26 Deleted. <Jan. 21, 2014> |
| Article 27 Deleted. <Jan. 21, 2014> |
| Article 28 Deleted. <Jan. 21, 2014> |
| Article 29 Deleted. <Jan. 21, 2014> |
| Article 30 Deleted. <Jan. 21, 2014> |
| Article 31 Deleted. <Jun. 9, 2009> |
CHAPTER IX RESEARCH AND DEVELOPMENT PROJECTS AND INTERNATIONAL COOPERATION
| Article 32 (Implementation of Research and Development Projects regarding Meteorological Services) |
| (1) | The Administrator of the Korea Meteorological Administration shall implement projects for research and development of meteorological services in order to focus on developing technology for meteorological services. |
| (2) | The Administrator of the Korea Meteorological Administration may select research and development tasks every year to conduct research and development projects under paragraph (1), and may have the following institutions or organizations conduct research under agreements: |
| 1. | A research institute directly established and operated by the State or a local government; |
| 8. | Other institutions and organizations prescribed by Presidential Decree. |
| (3) | The Administrator of the Korea Meteorological Administration may contribute funds to any institution or organization that conducts research and development projects under paragraph (2) to cover expenses incurred in conducting such research. |
[This Article Wholly Amended on Feb. 14, 2023]
| Article 32-2 (Collaborative Projects for Joint Use of Weather Information) |
| (1) | The Administrator of the Korea Meteorological Administration may implement collaborative projects for the joint use of human resources, facilities, equipment, materials, information, etc. with academic circles, research institutes, or industries. |
| (2) | The Administrator of the Korea Meteorological Administration may reimburse all or some of the expenses incurred in implementing collaborative projects under paragraph (1) within the budget. |
| (3) | The subject matter of collaborative projects referred to in paragraph (2), and schemes for implementation of such projects shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Dec. 31, 2008]
| Article 33 (Promotion of International Cooperation) |
| (1) | The Administrator of the Korea Meteorological Administration shall promote the following activities through cooperation with international organizations related to meteorological services and other countries, and actively participate in global efforts to advance technology in meteorological services: <Amended on Sep. 30, 2011> |
| 1. | Establishment of a cooperative entity in the Republic of Korea to provide international meteorological services under agreements between member states of international organizations; |
| 2. | Climate information services and climate change-related technology development by climate-related international cooperative entities under the umbrella of the Asia-Pacific Economic Cooperation; |
| 3. | Exchange of information and technology on meteorological services; |
| 4. | Exchange of human resources; |
| 5. | Joint surveys and research. |
| (2) | The Administrator of the Korea Meteorological Administration shall endeavor to promote inter-Korean exchange and cooperation in meteorological services. |
| (3) | The Administrator of the Korea Meteorological Administration may bear all or some of the expenses incurred in promoting collaborative projects under paragraphs (1) and (2) within the budget. |
| (4) | Matters necessary for the subject matter of and schemes to promote international cooperation and inter-Korean cooperation under paragraphs (1) and (2) and other relevant matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 31, 2008]
[Title Amended on Apr. 18, 2017]
CHAPTER X DISSEMINATION AND EDUCATION OF KNOWLEDGE OF METEOROLOGICAL SERVICES
| Article 34 (Dissemination of Knowledge of Meteorological Phenomena and Climate) |
| (1) | The Administrator of the Korea Meteorological Administration shall endeavor to widely disseminate and utilize knowledge of meteorological phenomena and climate for the lives of citizens in order to improve their understanding of meteorological phenomena and climate. <Amended on Feb. 14, 2023> |
| (2) | The Administrator of the Korea Meteorological Administration may conduct educational programs suitable for each target of education prescribed by Ordinance of the Ministry of Environment to ensure the proper understanding of meteorological phenomena and climate and to improve the ability to utilize information thereof. <Newly Inserted on Feb. 14, 2023> |
| Article 35 (Education for Workers Engaged in Meteorological Services Including Forecasters) |
| (1) | The Administrator of the Korea Meteorological Administration shall conduct basic education to train forecasters and shall provide specialized education so that forecasters can acquire specialized knowledge and skills necessary for performing their duties. <Newly Inserted on Feb. 14, 2023> |
| (2) | A forecaster shall regularly receive specialized education necessary for performing his or her duties. <Newly Inserted on Feb. 14, 2023> |
| (3) | To improve understanding of meteorological services and to standardize meteorological services, the Administrator of the Korea Meteorological Administration may conduct education for the following persons: <Amended on Feb. 14, 2023> |
| 1. | Public officials who perform duties related to meteorological services; |
| 2. | Executive officers and employees of organizations related to meteorological services; |
| 4. | The executive officers and employees of public institutions, who perform duties related to meteorological services, and the executive officers and employees of local government-directly operated enterprises, local government-invested public corporations, and local public agencies prescribed in the Local Public Enterprises Act; |
| (4) | Any person falling under paragraph (3) 1 or 4, who performs the work of preventing and responding to meteorological disasters using weather information, shall receive specialized education on meteorological disasters conducted by the Administrator of the Korea Meteorological Administration: Provided, That those who have completed meteorological disasters-related education in accordance with other statutes or regulations, such as the Framework Act on the Management of Disasters and Safety, may be exempt from the relevant specialized education. <Amended on Feb. 14, 2023> |
| (5) | Among persons falling under paragraph (3) 1 and 4, those who are in charge of duties related to climate change using climate information shall receive specialized education related to climate change provided by the Administrator of the Korea Meteorological Administration. <Newly Inserted on Feb. 14, 2023> |
| (6) | Details of basic education and specialized education under paragraph (1), the types and targets of specialized education under paragraphs (4) and (5), and other matters necessary for the implementation of specialized education shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Feb. 14, 2023> |
[This Article Wholly Amended on Apr. 18 2017]
[Title Amended on Feb.14, 2023]
| Article 35-2 (Education for Foreigners) |
The Administrator of the Korea Meteorological Administration may provide education for foreigners prescribed by Ordinance of the Ministry of Environment to promote international cooperation in meteorological services and to support meteorological services in developing countries.
[This Article Newly Inserted on Apr. 18, 2017]
[Previous Article 35-2 moved to Article 35-4 <Apr. 18, 2017>]
| Article 35-3 (Designation of Educational Institutions) |
| (1) | The Administrator of the Korea Meteorological Administration may designate institutions or organizations having such human resources, facilities, and equipment prescribed by Presidential Decree as educational institutions to perform the educational affairs provided in Articles 34 (2), 35, and 35-2 in a specialized and efficient manner. <Amended on Feb. 14, 2023> |
| (2) | The Administrator of the Korea Meteorological Administration may, within the budget, reimburse the educational institutions designated in accordance with paragraph (1) for all or some of the expenses incurred in the course of performing the educational affairs. |
| (3) | The Administrator of the Korea Meteorological Administration may request an educational institution designated pursuant to paragraph (1) to submit necessary data, as prescribed by Presidential Decree. In such cases, an educational institution requested to submit data shall comply with such request unless there is a compelling reason not to do so. <Newly Inserted on Feb. 14, 2023> |
| (4) | If an educational institution designated under paragraph (1) intends to revise any designated matter prescribed by Ordinance of the Ministry of Environment, it shall obtain revised designation. <Newly Inserted on Feb. 14, 2023> |
| (5) | Other matters necessary for procedures, etc. for designating educational institutions and granting revised designation, etc. shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Feb. 14, 2023> |
[This Article Newly Inserted on Apr. 18, 2017]
[Previous Article 35-3 moved to Article 35-5 <Apr. 18, 2017>]
| Article 35-4 (Revocation of Designation of Educational Institutions) |
| (1) | If an educational institution designated under Article 35-3 (1) falls under any of the following cases, the Administrator of the Korea Meteorological Administration shall order such institution to take corrective measures within a specified period not exceeding two months: <Amended on Apr. 18, 2017; Feb. 14, 2023> |
| 1. | Where it has suspended its operations for a period exceeding the period prescribed by Ordinance of the Ministry of Environment, without good cause; |
| 2. | Where it has violated the standards for designation of educational institutions under Article 35-3 (1); |
| 3. | Where it has violated this Act or any order issued under this Act. |
| (2) | If an educational institution designated under Article 35-3 (1) falls under any of the following cases, the Administrator of the Korea Meteorological Administration may revoke its designation, or order such institution to fully or partially suspend its services for a specified period not exceeding six months: Provided, That if it falls under subparagraph 1, its designation shall be revoked: <Amended on Apr. 18, 2017; Feb. 14, 2023> |
| 1. | Where it has obtained its designation by fraud or other improper means; |
| 2. | Where it has failed to comply with the orders to take corrective measures under paragraph (1) on at least three occasions a year; |
| 3. | Where it ceases to meet the standards for designation under Article 35-3 (1); |
| 4. | Where it has used expenses subsidized under Article 35-3 (2) for other purposes. |
| (3) | Detailed criteria for administrative dispositions made under paragraph (2) shall be prescribed by Ordinance of the Ministry of Environment in consideration of grounds therefor and the degree of violation. <Newly Inserted on Feb. 14, 2023> |
[This Article Newly Inserted on Jul. 16, 2013]
[Title Amended on Apr. 18, 2017]
[Moved from Article 35-2 <Apr. 18, 2017>]
| Article 35-5 (Recovery of Subsidies) |
| (1) | Where an educational institution has used a subsidy granted under Article 35-3 (2) for other than the intended purposes, the Administrator of the Korea Meteorological Administration shall recover the full amount used for such other purposes. <Amended on Apr. 18, 2017; Feb. 14, 2023> |
| (2) | When a person obliged to return a subsidy under paragraph (1) fails to return the subsidy, it shall be collected in the same manner as delinquent national or local taxes are collected. |
[This Article Newly Inserted on Jul. 16, 2013]
[Moved from Article 35-3 <Apr. 18, 2017>]
| Article 35-6 (Establishment and Operation of Meteorological Science Museums) |
| (1) | The State or a local government may establish and operate a meteorological science museum to disseminate knowledge of meteorological science and to promote publicity activities regarding meteorological services. |
| (2) | The head of a local government who intends to establish and operate a meteorological science museum pursuant to paragraph (1) shall conduct a pre-feasibility evaluation regarding the establishment and have a consultation with the Administrator of the Korea Meteorological Administration. <Newly Inserted on Feb. 14, 2023> |
| (3) | Where the head of a local government establishes and operates a meteorological science museum pursuant to paragraph (1), the State may, within the budget, reimburse all or some of the expenses incurred. <Amended on Feb. 14, 2023> |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for establishing and operating meteorological science museums and procedures and methods for pre-feasibility evaluations and consultations, etc. shall be prescribed by Presidential Decree. <Amended on Feb. 14, 2023> |
[This Article Newly Inserted on Apr. 18, 2017]
| Article 35-7 (Establishment and Operation of Meteorological Museums) |
| (1) | The Administrator of the Korea Meteorological Administration may establish and operate a meteorological museum to disseminate knowledge, etc. of the history and culture of meteorological science and technology. |
| (2) | Matters necessary for establishing and operating meteorological museums shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Apr. 18, 2017]
CHAPTER XI SUPPLEMENTARY PROVISIONS
| Article 36 (Certification of Meteorological Phenomena) |
| (1) | Any person who intends to obtain certification on any weather phenomenon shall file an application with the Administrator of the Korea Meteorological Administration, as prescribed by Ordinance of the Ministry of Environment. <Amended on Act No. 9771, Jun. 9, 2009; Jun. 9, 2020> |
| (2) | Matters necessary for procedures for granting certification about meteorological phenomena under paragraph (1) and fees therefor shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Jun. 9, 2009; Jun. 9, 2020> |
[This Article Wholly Amended on Dec. 31, 2008]
[Title Amended on Jun. 9, 2020]
| Article 36-2 (Provision of Weather Information) |
| (1) | Where a person who intends to use weather information (excluding meteorological business entities prescribed in subparagraph 10 of Article 2 of the Weather Industry Promotion Act) files an application for provision of weather information, the Administrator of the Korea Meteorological Administration shall provide such information, in the absence of good cause. In such cases, the Administrator of the Korea Meteorological Administration may collect fees. |
| (2) | Matters necessary for methods of providing weather information and collecting fees as prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. |
| (3) | Where weather information received under paragraph (1) is provided to a third person, the source of information shall be disclosed. |
[This Article Newly Inserted on Feb. 3, 2015]
| Article 37 (Collection of Charges for Use of Aviation Weather Information) |
| (1) | The head of an agency established as a responsible administrative agency pursuant to Article 4 of the Act on the Establishment and Operation of Responsible Administrative Agencies and provides aviation meteorological services may collect charges for using aviation weather information from persons who use aviation weather information: Provided, That airplanes temporarily landing due to any unavoidable cause, such as a natural disaster, airplanes landing for diplomatic purposes, and other cases prescribed by Ordinance of the Ministry of Environment may be exempt from such charges. <Amended on Sep. 30, 2011> |
| (2) | The head of an agency that undertakes aviation meteorological services may engage in any profit-making business related to aviation meteorological services, as prescribed by Presidential Decree. |
| (3) | Matters necessary for the collection, etc. of charges for using aviation weather information under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 38 Deleted. <Jan. 21, 2014> |
| Article 39 (Protection of Meteorological Facilities) |
No one shall destroy any meteorological facility installed and managed by any of the following persons or degrade the utility of such a facility without good cause:
| 1. | A State agency or local government; |
| 2. | A public institution prescribed by Presidential Decree; |
| 3. | A person to whom the Administrator of the Korea Meteorological Administration entrusts meteorological services pursuant to Article 44. |
[This Article Wholly Amended on Dec. 31, 2008]
The Administrator of the Korea Meteorological Administration shall hold a hearing where he or she intends to revoke the designation of an educational institution or to issue an order to fully or partially suspend its services under Article 35-4 (2). <Amended on Apr. 18, 2017> [This Article Wholly Amended on Jul. 16, 2013]
| Article 41 (Access to Land or other Property) |
| (1) | The Administrator of the Korea Meteorological Administration may, if necessary to provide meteorological services, authorize public officials under his or her jurisdiction to enter land or waters owned or occupied by third persons (hereinafter referred to "land, etc.") or to use such land, etc. temporarily. |
| (2) | Any person who intends to enter land, etc. of third persons or use such land temporarily pursuant to paragraph (1) shall obtain prior consent of the owners, occupants, or caretakers of such land, etc.: Provided, That the foregoing shall not apply where the domicile or abode of such owner, occupant, or caretaker is unclear or where it is impossible to obtain consent due to any other unavoidable cause. |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 42 (Compensation for Losses) |
| (1) | The State shall, if any loss is incurred as a result of the access or temporary use of land, etc. under Article 41, compensate the affected party for such loss. In such cases, the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply mutatis mutandis to such compensation. |
| (2) | As for compensation for loss under paragraph (1), the Administrator of the Korea Meteorological Administration shall enter into an agreement with the injured party in regard to compensation for loss under paragraph (1). |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 43 (Presentation of Identification) |
A public official who performs his or her duties pursuant to Article 41 shall carry identification verifying his or her authority and present it to relevant persons. <Amended on Jun. 9, 2009> [This Article Wholly Amended on Dec. 31, 2008]
| Article 44 (Delegation of Authority) |
| (1) | The Administrator of the Korea Meteorological Administration may delegate part of his or her authority provided in this Act to an agency under the jurisdiction of the Administrator, as prescribed by Presidential Decree. <Amended on Feb. 14, 2023> |
| (2) | The Administrator of the Korea Meteorological Administration may entrust some of the services provided in this Act to a relevant institution, organization, or corporation prescribed by Presidential Decree, as prescribed by Presidential Decree. <Amended on Apr. 18, 2017; Feb. 14, 2023> |
| (3) | The Administrator of the Korea Meteorological Administration may lend meteorological instruments and other equipment as necessary for conducting services to a person to whom the services are entrusted pursuant to paragraph (2) free of charge, or reimburse all or some of the expenses incurred in providing such services within the budget. <Amended on Apr. 18, 2017; Feb. 14, 2023> |
[This Article Wholly Amended on Dec. 31, 2008]
[Title Amended on Feb. 14, 2023]
| Article 45 (Entrustment of Extraordinary Services) |
The Administrator of the Korea Meteorological Administration may be entrusted with the following services and conduct such services, as prescribed by Presidential Decree within the extent that such services do not hinder him or her in the performance of his or her duties: <Amended on Apr. 18, 2017>
| 1. | Observations, surveys, and research on meteorological phenomena, climate, or matters closely related thereto; |
| 2. | Extraordinary forecasts of meteorological phenomena, climate, or matters closely related thereto and the guidance therefor; |
| 3. | Designing, production, testing, repair, or adjustment of meteorological instruments; |
| 4. | Development, investigation, and study of meteorological service technology or matters closely related thereto; |
| 5. | International cooperation, dissemination of knowledge, and education for meteorological services or matters closely related thereto. |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 46 (Duty to Submit to Competent Standing Committee of National Assembly) |
| (1) | Where the Administrator of the Korea Meteorological Administration formulates a master plan or an implementation plan, he or she shall submit such plan without delay to the competent Standing Committee of the National Assembly. <Newly Inserted on Feb. 14, 2023> |
| (2) | The Administrator of the Korea Meteorological Administration shall submit a report on the results of implementation of an annual implementation plan to the competent Standing Committee of the National Assembly during the first half of the following year. <Amended on Feb. 14, 2023> |
[This Article Wholly Amended on Dec. 31, 2008]
| Article 47 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) |
[This Article Wholly Amended on Dec. 31, 2008]
[Title Amended on Apr. 18, 2017]
CHAPTER XII PENALTY PROVISIONS
| Article 48 (Penalty Provisions) |
A person who issues a severe weather alert in violation of the main clause, with the exception of the subparagraphs, of Article 17 shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. <Amended on Mar. 18, 2014; Feb. 14, 2023> [This Article Wholly Amended on Dec. 31, 2008]
| Article 49 (Penalty Provisions) |
A person who engages in any activity with a view to changing or controlling a meteorological phenomenon, in violation of the main clause of Article 18, shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won. [This Article Wholly Amended on Apr. 18 2017]
| Article 50 (Joint Penalty Provisions) |
If the representative of a corporation, or an agent or employee of, or any other person employed, by a corporation or an individual commits an offense under Article 48 or 49 in connection with the business affairs of the corporation or individual, not only shall such offender be punished, but also the corporation or individual shall be punished by a fine prescribed in the relevant provisions: Provided, That the foregoing shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offense. [This Article Wholly Amended on Dec. 31, 2008]
| Article 51 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding one million won. <Amended on Feb. 14, 2023> |
| 1. | A person who issues a forecast, in violation of the main clause, with the exception of the subparagraphs, of Article 17; |
| 2. | A person who refuses, obstructs, or evades the submission of data under Article 35-3 (3). |
| (2) | A person who fails to disclose the source of the weather information he or she receives and provides such information to a third person, in violation of Article 36-2 (3) shall be subject to an administrative fine not exceeding five hundred thousand won. <Newly Inserted on Feb. 3, 2015> |
| (3) | Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Administrator of the Korea Meteorological Administration as prescribed by Presidential Decree. <Amended on Feb. 3, 2015> |
[This Article Wholly Amended on Dec. 31, 2008]
ADDENDA <Act No. 7804, Dec. 30, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Master Plans)
Any former master plan for meteorological technology established after deliberation by the National Science and Technology Council as at the time this Act enters into force shall be deemed a master plan under the amended provisions of Article 5 (1). Article 3 (Transitional Measures concerning Meteorological Business Entities)
Any person whose forecasting business is registered pursuant to former provisions as at the time this Act enters into force shall be deemed a meteorological business entity registered pursuant to the amended provisions of Article 26. Article 4 (Transitional Measures concerning Weather Information Support Institutions)
Weather information support institutions designated pursuant to former provisions as at the time this Act enters into force shall be deemed weather information support institutions designated pursuant to the amended provisions of Article 31. Article 5 (Transitional Measures concerning Administrative Dispositions)
Dispositions, reports, and other acts made or done in relation to an administrative agency pursuant to previous provisions as at the time this Act enters into force shall be deemed dispositions, reports, and other acts made or done in relation to the administrative agency pursuant to this Act.
Article 6 Omitted.
Article 7 (Relationship to Other Statutes and Regulations)
A citation to the Weather Service Act or any provision thereof by any other statutes or regulations in force as at the time this Act enters into force shall be deemed a citation to this Act or the corresponding provision hereof in lieu of the previous provision, if this Act includes such corresponding provision.
ADDENDA <Act No. 8221, Jan. 3, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force 10 months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 9309, Dec. 31, 2008>
This Act shall enter into force on the date of its promulgation: Provided, That the provision stipulating that the registration may be revoked if a person fails to file for registration of modified matters, in violation of the main clause of Article 26 (2), in the amended provisions of subparagraph 4 of Article 28, shall enter into force three months after the date of its promulgation; and the amended provisions of Article 21 (2) and (3) shall enter into force six months after the date of their promulgation.
ADDENDA <Act No. 9771, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 10445, Mar. 9, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 11067, Sep. 30, 2011>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 8, 14-2 and 15 (1), Chapter VII (Articles 25 through 30) and the proviso of Article 37 (1) shall enter into force six months after the date of their promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11713, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 11905, Jul. 16, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 21-2, 23, 35 (4), and 35-2 shall enter into force six months after the date of their promulgation. Article 2 (Transitional Measures concerning Administrative Dispositions)
Where administrative dispositions are imposed for any violations committed before the amended provisions of Article 35-2 enter into force, the former provisions shall apply notwithstanding the said amended provisions.
ADDENDA <Act No. 12320, Jan. 21, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year after its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 12455, Mar. 18, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That, among the Acts amended in accordance with Article 6 of the Addenda, amendments to Acts, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the respective Acts. Articles 2 through 7 Omitted.
ADDENDA <Act No. 13162, Feb. 3, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 13581, Dec. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Act No. 14079, Mar. 22, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 14116, Mar. 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 55 Omitted.
ADDENDA <Act No. 14786, Apr. 18, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Details of Master Plan)
The amended provisions of Article 5 (3) shall apply to master plans formulated after this Act enters into force. Article 3 (Transitional Measures concerning Establishment of Meteorological Science Museums)
Any meteorological science museum established by the Administrator of the Korea Meteorological Administration before this Act enters into force shall be deemed a meteorological science museum established pursuant to the amended provisions of Article 35-6 (1). Article 4 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation: Provided, That the amended portions of any Act which was amended pursuant to Article 5 of the Addenda to the Government Organization Act and promulgated before the Government Organization Act enters into force, but the enforcement date of which has not yet arrived, shall enter into force on the enforcement date of such Act. |
Articles 2 through 6 Omitted.
ADDENDA <Act No. 15344, Jan. 16, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 17424, Jun. 9, 2020>
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 19225, Feb. 14, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Pre-Feasibility Evaluation regarding Establishment of Meteorological Science Museums and Consultation with Administrator of Korea Meteorological Administration)
The amended provisions of Article 35-6 (2) shall begin to apply where a meteorological science museum is established after this Act enters into force. Article 3 (Transitional Measures concerning Formulation of Master Plans and Implementation Plans)
Master plans and implementation plans regarding meteorological services formulated under the previous provisions as at the time this Act enters into force shall be deemed to be the national master plans and implementation plans for meteorological services formulated under the amended provisions of Article 5. Article 4 (Transitional Measures concerning Qualification of Forecasters)
Notwithstanding the amended provisions of Article 17-3, any person who engages in the affairs of forecasting as at the time this Act enters into force may continue to engage in the affairs of forecasting without obtaining qualifications prescribed in those amended provisions until one year after the date this Act enters into force. Article 5 (Transitional Measures concerning Educational Institutions)
Educational institutions designated under the previous provisions as at the time this Act enters into force shall be deemed designated under the amended provisions of Article 35-3: Provided, that such institutions shall meet the standards for designation under those amended provisions of Article 7 (1) within one year after the date this Act enters into force and shall be re-designated. Article 6 Omitted.