Table of Contents

  1. Preface
South Korea

Clean Air Conservation Act

Act 4262 of 1991

  • Commenced on 2 February 1991
  • [This is the version of this document at 18 December 2023.]
[Wholly Amended by Act No. 8404, Apr. 27, 2007; Amended by Act No. 8466, May 17, 2007; Act No. 8852, Feb. 29, 2008; Act No. 8976, Mar. 21, 2008; Act No. 8957, Mar. 21, 2008; Act No. 8956, Mar. 21, 2008; Act No. 9311, Dec. 31, 2008; Act No. 9695, May 21, 2009; Act No. 9770, Jun. 9, 2009; Act No. 9931, Jan. 13, 2010; Act No. 10615, Apr. 28, 2011; Act No. 10893, Jul. 21, 2011; Act No. 11256, Feb. 1, 2012; Act No. 11445, May 23, 2012; Act No. 11690, Mar. 23, 2013; Act No. 11750, Apr. 5, 2013; Act No. 11907, Jul. 16, 2013; Act No. 11998, Aug. 6, 2013; Act No. 12248, Jan. 14, 2014; Act No. 13034, Jan. 20, 2015; Act No. 13039, Jan. 20, 2015; Act No. 13528, Dec. 1, 2015; Act No. 13874, Jan. 27, 2016; Act No. 14487, Dec. 27, 2016; Act No. 14476, Dec. 27, 2016; Act No. 14532, Jan. 17, 2017; Act No. 15096, Nov. 28, 2017; Act No. 16266, Jan. 15, 2019; Act No. 16305, Apr. 2, 2019; Act No. 16306, Apr. 2, 2019; Act No. 16604, Nov. 26, 2019; Act No. 17091, Mar. 24, 2020; Act No. 17326, May 26, 2020; Act No. 17797, Dec. 29, 2020; Act No. 17857, Jan. 5, 2021; Act No. 18028, Apr. 13, 2021; Act No. 18469, Sep. 24, 2021; Act No. 18905, Jun. 10, 2022; Act No. 19125, Dec. 27, 2022; Act No. 19660, Aug. 16, 2023]

Chapter I
General provisions

Article 1 – Purpose

The purpose of this Act is to enable all people to live in a healthy and comfortable environment, by preventing air pollution which causes harm to people and the environment, and by managing and conserving the atmospheric environment in a proper and sustainable manner.

Article 2 – Definitions

The terms used in this Act are defined as follows:1.The term "air pollutant" means gas or particulate prescribed by Ministerial Decree of Environment, which is acknowledged as a cause of air pollution as a result of the examination and assessment conducted under Article 7 among matters that exist in the air;1-2.The term "air pollutant subject to watch for hazard" means matter prescribed by Ministerial Decree of Environment, which is acknowledged requiring continuous measurement, surveillance, observation, etc., among air pollutants as a result of the examination and assessment conducted under Article 7, because it could inflict any harm or injury on people's health or on the birth and breeding of animals and plants;2.The term "climate/ecosystem-changing substance" means gaseous matter which may cause any change to the ecosystem by global warming, etc., including greenhouse gases and other matters prescribed by Ministerial Decree of Environment;3.The term "greenhouse gas" means gaseous matter in the air, which induces the greenhouse effect by absorbing or re-emitting infrared heat radiation, including carbon dioxide, methane, nitrogen oxides, hydrofluorocarbon, perfluorocarbon, and sulfur hexafluoride;4.The term "gas" means gaseous matter produced at the time of combustion, synthesis, and decomposition of matter, or because of the physical properties of matter;5.The term "particulate" means solid or liquid fine matter produced at the time of crush, sorting, piling, reloading, mechanical treatment, combustion, synthesis, or decomposition of matter;6.The term "dust" means particulate floating in the air or falling down in the air;7.The term "exhaust gases" means fine particulate mainly composed of free carbon produced at the time of combustion;8.The term "soot" means particulate, which is condensed free carbon produced at the time of combustion, and the granules of which are at least one micron in diameter;9.The term "specified hazardous air pollutant" means matter prescribed by Ministerial Decree of Environment among air pollutants subject to watch for hazard, which is acknowledged to require emission control as a result of the examination and assessment conducted under Article 7, because it could inflict any harm or injury directly or indirectly on people's health or on the birth and breeding of animals and plants through long-term intake or exposure even if in low concentration;10.The term "volatile organic compound" means any of the petrochemicals, organic solvents, and other materials among hydrocarbons, which are publicly notified by the Minister of Environment in consultation with the heads of the relevant central administrative agencies;11.The term "air pollutant-emitting facility" means any of the facilities, machines, apparatus, and other things prescribed by Ministerial Decree of Environment, which emit air pollutants into the air;12.The term "air pollution prevention facility" means any of the facilities prescribed by Ministerial Decree of Environment, which eliminate or reduce air pollutants emitted from air pollutant-emitting facilities by means of combustion control, etc.;13.The term "motor vehicle" means any of the following:(a)Motor vehicles prescribed by Ministerial Decree of Environment among those defined in subparagraph 1 of Article 2 of the Motor Vehicle Management Act;(b)Construction machinery prescribed by Ministerial Decree of Environment, the driving characteristics of which are similar to those of motor vehicles referred to in item (a) among the construction machinery defined in Article 2(1) 1 of the Construction Machinery Management Act;13-2.The term "motor" means any of the following:(a)Devices that generate electric power for construction machinery prescribed by Ministerial Decree of Environment, which is defined in Article 2(1) 1 of the Construction Machinery Management Act but not falling under subparagraph 13 (b) of that Article (hereinafter referred to as "construction machinery");(b)Devices which generate electric power for machinery prescribed by Ministerial Decree of Environment and used for agricultural, forestry, or marine purposes;(c)Devices which generate electric power for locomotives among the rolling stocks defined in subparagraph 4 of Article 3 of the Framework Act on Railroad Industry Development;14.The term “ship” means any ship defined in subparagraph 16 of Article 2 of the Marine Environment Management Act;15.The term "additives" means chemical substances which are added to motor vehicle fuels in order to improve the performance of motor vehicles or reduce exhaust gases, other than substances only composed of carbon and hydrogen, and satisfy all of the following requirements:(a)Substances added to motor vehicle fuels in less than one percent of the volume (only applicable to fluid-type additives) or the weight (only applicable to solid-type additives) of the motor vehicle fuels: Provided, That no restriction on the rate of addition shall apply to the substances added by petroleum refinery business entities and petroleum import-export business entities defined in subparagraphs 7 and 8 of Article 2 of the Petroleum and Alternative Fuel Business Act in the course of manufacturing petroleum products for motor vehicle fuels or enhancing the quality thereof;(b)Substances which are not categorized as fake petroleum products defined in subparagraph 10 of Article 2 of the Petroleum and Alternative Fuel Business Act or alternative fuels defined in subparagraph 11 of that Article;15-2.The term "catalyst" means chemicals prescribed by Ministerial Decree of Environment, which are used for exhaust gas reduction systems to enhance the efficiency of reducing exhaust gas;16.The term "low-emission motor vehicle" means the following motor vehicles prescribed by Presidential Decree:(a)A motor vehicle that emits no air pollutants;(b)A motor vehicle that emits less pollutants than the permissible emission levels for manufactured motor vehicles prescribed in Article 46 (1);16-2.The term "low-emission construction machinery" means any of the following construction machinery, which is prescribed by Presidential Decree:(a)Construction machinery that emits no air pollutants;(b)Construction machinery that emits less pollutants than the permissible emission levels for the manufactured motor vehicles prescribed in Article 46 (1);17.The term "exhaust gas reduction system" means a device installed or replaced in motor vehicles or construction machinery to reduce air pollutants emitted from the motor vehicles or construction machinery and which is appropriate for the reduction efficiency prescribed by Ministerial Decree of Environment;18.The term "low-emission engine" means an engine (including parts used to remodel an engine) designed to reduce air pollutants emitted from motor vehicles or construction machinery and which meets the permissible emission levels prescribed by Ministerial Decree of Environment;19.The term "idle-stop-and-go system" means a system installed in a motor vehicle to reduce air pollutants emitted from the motor vehicle and to save fuels, which meets the criteria prescribed by Ministerial Decree of Environment;20.The term “greenhouse gas emission quantity” means the quantity (g/km) of carbon dioxide emissions from a motor vehicle per mileage;21.The term “average quantity of greenhouse gas emissions” means the average value (g/km) computed by dividing the total quantity of greenhouse gas emissions from the motor vehicles prescribed by Ministerial Decree of Environment, among the motor vehicles sold by motor vehicle manufacturers, by the total number of such motor vehicles;22.The term "long-range transboundary air pollutant" means air pollutant such as yellow dust and dust prescribed by Ministerial Decree of Environment, which has transboundary impacts on multiple countries through long-range transport after the outbreak;23.The term “refrigerant” means a substance prescribed by Ministerial Decree of Environment among climate/ecosystem-changing substances, which is used to produce the effects of air conditioning, freezing, and refrigeration through heat transfer.

Article 3 – Constant measurement

(1)The Minister of Environment shall install measuring networks and constantly measure the air pollution levels, etc., as prescribed by Ministerial Decree of Environment, in order to ascertain the actual conditions of air pollution and climate/ecosystem-changing substances nationwide.
(2)The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor") shall install measuring networks and constantly measure the air pollution levels, as prescribed by Ministerial Decree of Environment, in order to ascertain the actual conditions of air pollution within his or her jurisdiction, and report the results thereof to the Minister of Environment.
(3)The Minister of Environment may establish and operate a computer network capable of electronically processing the measurement results referred to in paragraphs (1) and (2) so that people can have easy access to the information on air pollution levels.

Article 3-2 – Establishment and operation of environmental satellite observation network

(1)The Minister of Environment may establish an environmental satellite observation network and collect and utilize the observed information to monitor the air environment and climate/ecosystem-changing substances and to understand environmental impacts of climate change.
(2)Any other matters necessary for establishing and operating the environmental satellite observation network and for collecting and utilizing the information pursuant to paragraph (1) shall be prescribed by Presidential Decree.

Article 4 – Determination on measuring network installation plans

(1)The Minister of Environment shall determine a measuring network installation plan specifying the location, area, etc. of measuring networks under article 3 (1) in detail and publicly notify it, as prescribed by ministerial decree of environment, and enable whomever to inspect the drawings thereof. the same shall apply to the revisions thereto
(2)Paragraph (1) shall apply mutatis mutandis where the Mayor/Do Governor installs a measuring network under Article 3 (2).
(3)The State may provide necessary financial and technical assistance necessary for accomplishing any measuring network installation plan determined and publicly notified by the Mayor/Do Governor under paragraph (2) within a target period.

Article 5 – Expropriation and use of land

(1)The Minister of Environment or the Mayor/Do Governor may expropriate or use any land, buildings, or fixtures on the land necessary for installing measuring networks according to any measuring network installation plan publicly notified under Article 4.
(2)Procedures for expropriation or use under paragraph (1), compensation for loss, etc. shall by governed by the Act on the Acquisition of and Compensation for Land for Public Works Projects.

Article 6 – Relationship to other statutes

(1)When the Minister of Environment or the Mayor/Do Governor has determined and publicly notified a measuring network installation plan under Article 4, permission to occupy and use roads prescribed in Article 61 of the Road Act shall be deemed to have been granted.
(2)The Minister of Environment or the Mayor/Do Governor shall, if a measuring network installation plan under Article 4 contains matters concerning permission to occupy and use roads referred to in paragraph (1), consult with the head of the relevant road management agency before he or she makes a determination and public announcement thereof.

Article 7 – Examination and assessment of air pollutants

(1)The Minister of Environment may examine and assess the risk of matters that exist in the air in accordance with the following standards:
1.Toxicity;
2.Impacts on the ecosystem;
3.Quantity of emissions;
4.Pollution levels compared with the Environmental Quality Standards established under Article 12 of the Framework Act on Environmental Policy.
(2)Detailed methods and procedures for the examination and assessment referred to in paragraph (1) shall be prescribed by Ministerial Decree of Environment.

Article 7-2 – Prediction and announcement of air pollution levels

(1)In order to minimize the impacts of air pollution on public health and property, the growth and development of animals and plants, or industrial activities, the Minister of Environment shall predict air pollution levels by utilizing an air flow prediction model, etc. and announce the results thereof.
(2)In announcing the results of prediction of air pollution levels under paragraph (1), the Minister of Environment shall utilize news media, including broadcasting companies, newspaper companies, and news agencies, or make it public in a way that adequately informs the general public thereof.
(3)Areas and pollutants subject to prediction and announcement of air pollution levels, the standards for and details of prediction and announcement, and other matters necessary for the prediction and announcement of air pollution levels under paragraph (1) shall be prescribed by Presidential Decree.

Article 7-3 – Designation and delegation of national center for integrated control of air quality

(1)In order to scientifically predict and announce air pollution levels under Article 7-2 and to systematically promote policies for the integrated control of air quality and for the improvement of the atmospheric environment, the Minister of Environment may operate a National Center for Integrated Control of Air Quality (hereafter in this Article referred to as the "Integrated Control Center"), designate a specialized institution prescribed by Presidential Decree such as a national or public research institute as the Integrated Control Center, and delegate the aforementioned duties to such institution.
(2)The Integrated Control Center shall perform the following duties:
1.Forecasting air pollution and provision of information on hazardous substances in the air;
2.Collection, analysis, and evaluation of data related to air pollution;
3.Assistance in the formulation of policies for the improvement of the atmospheric environment;
4.Other duties prescribed by Presidential Decree for the integrated control of air quality.
(3)The Minister of Environment shall subsidize, within the budget, the expenses required by the Integrated Control Center designated under paragraph (1) for performing its duties.
(4)If the Integrated Control Center falls under any of the following, the Minister of Environment may revoke the designation or fully or partially suspend its business for a specified period not exceeding six months: Provided, That in cases falling under subparagraph 1, he or she shall revoke the designation:
1.Where it has obtained the designation by fraud or other improper means;
2.Where it performs duties in contravention of the matters designated;
3.Where it ceases to meet any of the standards for designation under paragraph (5);
4.Other cases prescribed by Ministerial Decree of Environment, which correspond to paragraphs (1) through (3).
(5)Matters necessary for the standards, period, procedures, etc. for the designation and revocation of designation of the Integrated Control Center shall be prescribed by Presidential Decree.

Article 8 – Air pollution alerts

(1)Where the air pollution level is deemed likely to cause serious harm to residents' health and property or to the birth and breeding of animals and plants as it exceeds the Environmental Quality Standards for the air provided in Article 12 of the Framework Act on Environmental Policy (hereinafter referred to as the "Environmental Quality Standards"), the Mayor/Do Governor may issue an air pollution alert to the relevant area. The Mayor/Do Governor shall cancel it as soon as the grounds for issuing the air pollution alert has ceased.
(2)If deemed necessary to urgently reduce air pollution in an area in which an air pollution alert is issued, the Mayor/Do Governor may issue an order to restrict the operation of motor vehicles, curtail working hours in places of business, or take other necessary measures in such area, for a specified period.
(3)A person upon receipt of an order to restrict the operation of motor vehicles, curtail working hours in places of business, etc. issued under paragraph (2) shall comply therewith, in the absence of good cause.
(4)Matters necessary for areas, pollutants and criteria for issuing air pollution alerts, levels of air pollution alerts, measures to be taken in each level, etc. shall be prescribed by Presidential Decree.

Article 9 – Control on emissions of climate/ecosystem-changing substances

(1)The Government shall pro-actively participate in international efforts, such as the exchange of environmental information and technologies with other countries to reduce the emissions of climate/ecosystem-changing substances.
(2)The Minister of Environment shall implement the following projects to reduce the emissions of climate/ecosystem-changing substances:
1.Projects related to research for the reduction of emissions of climate/ecosystem-changing substances and to the collection, recycling and development of substitutes therefor;
2.Projects related to surveys on the emission of climate/ecosystem-changing substances and the compilation of relevant statistics;
3.Projects related to the reduction of emissions of climate/ecosystem-changing substances and utilization of carbon trading markets;
4.Projects related to raising citizens' awareness of climate change and support for practice;
5.Projects related to the training of, and support for, personnel specializing in climate change;
6.Any other projects prescribed by Presidential Decree.
(3)In order to reduce the emissions of climate/ecosystem-changing substances, the Minister of Environment may implement the projects provided for in the subparagraphs of paragraph (2) by entrusting some of them to specialized institutions and provide them with necessary financial and technical support.

Article 9-2 – Deleted

Article 9-3 – Deleted

Article 9-4 – Deleted

Article 10 – Prevention of hindrance to air circulation

The heads of relevant central administrative agencies, the heads of local governments, and business entities shall, when establishing or implementing various kinds of development plans, take into consideration topography, direction and velocity of wind, arrangement of buildings and intervals between them, the passage of wind, etc. in a planned area and its neighboring areas to prevent any hindrance to the circulation of air pollutants.

Article 11 – Formulation of comprehensive plans to improve atmospheric environment

(1)The Minister of Environment shall establish and implement a comprehensive plan to improve the atmospheric environment (hereinafter referred to as "comprehensive plan") every 10 years in order to improve the atmospheric environment by reducing air pollutants and greenhouse gases.
(2)The comprehensive plans shall include the following matters:
1.Current status of emission of air pollutants and outlook therefor;
2.Current status of change in the concentrations of greenhouse gases in the air and outlook therefor;
3.Setting goals to reduce air pollutants and measures to be taken in each field and step to attain such goals;
3-2.Matters concerning the degree of risk that air pollution inflicts on national health, and setting risk levels for improvement thereof;
3-3.Matters concerning the measurement, surveillance and observation of air pollutants subject to watch for hazard;
3-4.Setting goals to reduce specified hazardous air pollutants and measures to be taken in each field and step to attain such goals;
3-5.The current status and prospect of long-range transboundary air pollutants;
3-6.Domestic measures for the prevention of damage caused by long-range transboundary air pollutants, and international cooperation to reduce generation of long-range transported air pollutants;
3-7.Private-public cooperation to reduce generation of long-range transboundary air pollutants;
4.Setting goals to reduce emissions of greenhouse gases in the environmental field and measures to be taken in each field and step to attain such goals;
5.Matters concerning the assessment of the impacts of climate change and measures to adapt to climate change;
6.Establishing an integrated atmospheric environment management system correlating air pollutants to greenhouse gases;
7.Matters concerning international coordination and cooperation in connection with climate change;
8.Other matters necessary for improving the atmospheric environment.
(3)The Minister of Environment shall consult in advance with the heads of relevant central administrative agencies and gather the opinions through public hearings, etc. when establishing comprehensive plans.
(4)When five years have elapsed since a comprehensive plan was established or it is deemed necessary to amend a comprehensive plan, the Minister of Environment may amend the comprehensive plan after examining the propriety of such amendment. In such cases, the Minister of Environment shall consult in advance with the heads of relevant central administrative agencies with regard thereto.

Article 12 – Deleted

Article 13 – Deleted

Article 14 – Deleted

Article 15 – International cooperation to prevent damage caused by long-range transboundary air pollutants

The Government shall endeavor to promote the following activities in cooperation with relevant countries in order to prevent damage caused by long-range transboundary air pollutants:
1.Holding, supporting and participating in various events, such as international conferences and academic conferences;
2.Exchanges of technology and human resources, and cooperation, between relevant countries and with international organizations;
3.Supporting research on long-range transboundary air pollutants, and disseminating findings of the research;
4.Education and public relations on long-range transboundary air pollutants in the international community;
5.Raising financial resources to prevent damage caused by long-range transboundary air pollutants;
6.Establishing an air pollution monitoring system and implementing environmental cooperation and conservation projects in Northeast Asia;
7.Any other matters necessary for international cooperation.

Chapter II
Regulation of emissions of air pollutants in places of business

Article 16 – Permissible emission levels

(1)The permissible emission levels of air pollutants (hereinafter referred to as "pollutants") emitted from air pollutant-emitting facilities (hereinafter referred to as "emission facility") shall be prescribed by Ministerial Decree of Environment.
(2)The Minister of Environment shall consult with the heads of the relevant central administrative agencies when determining the permissible emission levels pursuant to paragraph (1).
(3)Where it is deemed impracticable to maintain the local environmental quality standards referred to in Article 12 (3) of the Framework Act on Environmental Policy, or it is deemed necessary for improving air quality in an air control zone defined in subparagraph 1 of Article 2 of the Special Act on the Improvement of Air Quality in Air Control Zones (hereinafter referred to as "air control zone"), the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do (excluding a city with the population of at least 500,000 among its jurisdictional areas; hereafter in this Article and Articles 44, 45, and 77, the same shall apply), or a Special Self-Governing Province (hereinafter referred to as "City/Do"), or a Si with the population of at least 500,000, excluding the Special Metropolitan City, a Metropolitan City, and a Special Self-Governing City (hereinafter referred to as "large city"), may establish permissible emission levels (including the addition of standard items and the time frame for applying the standards) more stringent than those determined under paragraph (1) by ordinance of the relevant City/Do or relevant large city.
(4)Where the Mayor/Do Governor or the Mayor of a large city determines or alters the permissible emission levels referred to in paragraph (3), he or she shall hear in advance the opinions of interested persons such as residents, and endeavor to reflect such opinions therein, as prescribed by municipal ordinances.
(5)Where the permissible emission levels referred to in paragraph (3) have been determined or altered, the relevant Mayor/Do Governor or the Mayor of the relevant large city shall report to the Minister of Environment thereon without delay and take necessary measures to make it known to interested persons.
(6)Where the Minister of Environment deems it necessary for preventing air pollution in a special measures area designated under Article 38 of the Framework Act on Environmental Policy (hereinafter referred to as "special measures area"), he or she may establish more stringent permissible emission levels than those determined under paragraph (1) with respect to emission facilities installed in such area and establish special permissible emission levels for new emission facilities installed in such area.
(7)If any area exists which is not subject to the permissible emission levels prescribed by municipal ordinances under paragraph (3) within a City/Do or a large city which is subject to such permissible emission levels, the permissible emission levels prescribed by municipal ordinances shall also apply to the emission facilities installed or to be installed in such area.

Article 17 – Surveys on sources and quantities of emissions of air pollutants

(1)The Minister of Environment shall conduct a survey on the emission sources and emission quantities of air pollutants nationwide to rationally establish and implement comprehensive plans, comprehensive national environmental plans under Article 14 of the Framework Act on Environmental Policy (including the comprehensive national environmental plan adjusted under Article 16-2 (1) of that Act), and master plans for air quality control for each zone under Article 9 of the Special Act on the Improvement of Air Quality in Air Control Zones.
(2)The Mayor/Do Governor and the head of a regional environmental agency shall conduct a survey on emission sources and emission quantities of air pollutants from emission facilities, etc. in his or her jurisdictions, as prescribed by Ministerial Decree of Environment.
(3)The Minister of Environment or the Mayor/Do Governor may request the heads of the relevant agencies to submit materials or provide assistance necessary to conduct surveys on emission sources and emission quantities of air pollutants pursuant to paragraph (1) or (2). In such cases, the heads of the relevant agencies upon receipt of such request shall comply therewith, unless there is a compelling reason not to do so.
(4)The Minister of Environment shall establish a system capable of verifying various information and statistics, such as emission sources and emission quantities of air pollutants and measurement coefficients used in the calculation thereof.
(5)Matters necessary for methods and procedures for conducting surveys on emission sources and emission qualities of air pollutants under paragraphs (1), (2), and (4), calculation methods of emission quantities, establishment of a system for verification, etc. shall be prescribed by Ministerial Decree of Environment.

Article 18 – Deleted

Article 19 – Deleted

Article 20 – Deleted

Article 21 – Deleted

Article 22 – Regulation of total quantity

(1)The Minister of Environment may, in cases of a zone which he or she deems likely to pose a serious harm to the health and property of the residents and the birth and breeding of animals and plants because its condition of air pollution exceeds the Environmental Quality Standards, or a zone densely crowded with places of business within a special measures area, regulate the total quantity of pollutants emitted from the places of business located in such zones.
(2)Items and methods of regulation of the total quantity as referred to in paragraph (1) and other necessary matters shall be prescribed by Ministerial Decree of Environment.

Article 23 – Permission for and reporting on installation of emission facilities

(1)Any person who intends to install emission facilities shall obtain permission from the relevant Mayor/Do Governor or file a report thereon to the relevant Mayor/Do Governor, as prescribed by Presidential Decree: Provided, That emission facilities installed by a City/Do or emission facilities jointly installed by at least two Sis/Guns/Gus over which different Cities/Dos have jurisdiction shall be subject to permission from the Minister of Environment or reporting to the Minister of Environment.
(2)Where a person who has obtained permission under paragraph (1) intends to modify any of the significant matters prescribed by Presidential Decree among the permitted matters, he or she shall obtain permission for such modification, and where he or she intends to modify other matters, he or she shall file a report on modification.
(3)Where a person who has filed a report under paragraph (1) intends to modify matters in the report, he or she shall file a report on modification, as prescribed by Ministerial Decree of Environment.
(4)Where a person who intends to obtain permission to install emission facilities or permission for modification thereof, or file a report on the installation of emission facilities or a report on modification thereof under paragraphs (1) through (3) falls under the provisos of Articles 26 (1), 28, 41 (3), and 42, and intends to install or modify the jointly-managed prevention facilities referred to in Article 29, he or she shall present documents prescribed by Ministerial Decree of Environment.
(5)The Minister of Environment or the Mayor/Do Governor shall notify whether or not to accept a report or a report on modification to the person who has filed the report, no later than the period specified by Ministerial Decree of Environment from the date of receiving the report or report on modification under paragraphs (1) through (3).
(6)If the Minister of Environment or the Mayor/Do Governor fails to notify whether or not to accept a report or to extend the treatment period thereof under statutes or regulations related to handling civil petitions to the person who has filed the report, within a period set under paragraph (5), the report shall be deemed accepted on the day following the end of the period (referring to the extended or re-extended period if the handling period is extended or re-extended under the statutes and regulations related to handling civil petitions).
(7)The criteria for granting permission or permission for modification referred to in paragraphs (1) and (2) shall be as follows:
1.Pollutants emitted from the relevant emission facilities must be in compliance with the permissible emission levels prescribed under Article 16 or 29 (3);
2.The provisions pertaining to restrictions on the installation of emission facilities under other statutes shall not be violated.
(8)If the Minister of Environment or the Mayor/Do Governor deems that specified air pollutants emitted from emission facilities or air pollutants emitted from emission facilities located in a special measures area make it impracticable to maintain the Environmental Quality Standards or are likely to cause serious harm to the health and property of residents and the birth and breeding of animals and plants, he or she may restrict the installation of emission facilities which emit specified air pollutants or the installation of emission facilities in the special measures area, as prescribed by Presidential Decree.
(9)Where the Minister of Environment or the Mayor/Do Governor grants permission or permission for modification pursuant to paragraphs (1) and (2), he or she may attach conditions necessary for protecting the health of residents or the surrounding environment and for ensuring the appropriate management of discharging facilities (hereinafter referred to as "conditions of permission"), as prescribed by Presidential Decree. In such cases, the conditions of permission shall be the least possible for granting permission or permission for modification, and a person who obtains permission or permission for modification shall not be burdened with unreasonable obligations.

Article 24 – Legal fiction of permission under other statutes or regulations

(1)Where a person who intends to install emission facilities has obtained permission to install the emission facilities or permission for modification thereof, or has filed a report on installation or report on modification thereof under Article 23 (1) through (3), he or she shall be deemed to have obtained permission or permission for modification, or has filed a report or a report on modification under the following subparagraphs in relation to such emission facilities:
1.Permission to install discharge facilities or permission for modification, or a report on the installation of discharge facilities or a report on modification under Article 33 (1) through (3) of the Water Environment Conservation Act;
2.Permission to install emission facilities, or a report on the installation of emission facilities or a report on modification under Article 8 (1) or (2) of the Noise and Vibration Control Act.
(2)Where the Minister of Environment or the Mayor/Do Governor intends to grant permission to install emission facilities which contain a matter referred to in any subparagraph of paragraph (1) or permission for modification thereof, he or she shall consult with the head of the relevant administrative agency having authority to grant permission or receive reports referred to in any subparagraph of that paragraph.
(3)The head of the relevant administrative agency shall submit his or her opinion within 20 days from the date of receiving the request for consultation under paragraph (2).
(4)Where the head of the relevant administrative agency fails to submit any opinion within a period set under paragraph (3) (referring to an extended period if the answering period is extended pursuant to Article 20 (2) of the Civil Petitions Treatment Act), the consultation shall be deemed completed.
(5)Where a person who intends to engage in the business of generating fugitive dust that falls under the specific construction works referred to in Article 22 (1) of the Noise and Vibration Control Act has filed a report on the business of generating fugitive dust pursuant to Article 43 (1) of this Act or a report on modification thereof, he or she shall be deemed to have filed a report on specific construction works or a report on modification thereof pursuant to Article 22 (1) or (2) of the Noise and Vibration Control Act.
(6)A person who intends to obtain constructive permission, etc. pursuant to paragraphs (1) and (5) shall submit the relevant documents prescribed by the relevant statutes at the time he or she applies for permission or permission for modification or files a report or report on modification.

Article 25 – Classification of places of business

(1)The Minister of Environment shall classify places of business into Types I through V according to the quantity of pollutants emitted from the emission facilities of a relevant place of business in order to ensure the efficient installation and management of emission facilities.
(2)Standards for classifying places of business as referred to in paragraph (1) shall be prescribed by Presidential Decree.

Article 26 – Installation of prevention facilities

(1)When a person who has obtained permission or permission for modification, or has filed a report on installation or report on modification under Article 23 (1) through (3) (hereinafter referred to as "business entity") installs or alters the relevant emission facilities, he or she shall install air pollution prevention facilities (hereinafter referred to as "prevention facilities") to ensure that pollutants from such emission facilities meet the permissible emission levels prescribed under Article 16: Provided, That he or she may be not required to install such prevention facilities, where they meet the permissible emission levels prescribed by Presidential Decree.
(2)Any person who installs and operates emission facilities without installing prevention facilities under the proviso of paragraph (1) shall install the prevention facilities in either of the following circumstances:
1.Where pollutants from the emission facilities are likely to exceed the permissible emission levels due to a change in their process or change of raw materials, fuels, etc.;
2.Any other cases prescribed by Ministerial Decree of Environment in consideration of the possibility of complying with the permissible emission levels.
(3)The Minister of Environment may provide support for the installation of facilities having a combustion control system, and entrust relevant specialized institutions with the affairs related to support for the installation of facilities having a combustion control system.

Article 27 – Succession to rights and duties

(1)Where a business entity (including a person who files a report on the installation of fugitive emission facilities or a report on modification thereof under Article 38-2 (1) or (2); hereafter in this Article, the same shall apply) transfers an emission facility (including a fugitive emission facility under Article 38-2 (1); hereafter in this Article, the same shall apply) or prevention facility or is dead, or a corporate business entity is merged with another company, the transferee or successor thereof, or the corporation surviving the merger or corporation newly established in the course of the merger shall succeed to the rights and duties of the business entity, which has resulted from permission, permission for modification, a report, or a report on modification.
(2)Where a person leases emission facilities or prevention facilities, the leaser shall be construed as a business entity for the purposes of Articles 31 through 35, 35-2 through 35-4, 36 (1) (excluding revocation of permission), 38-2, 39, 40, and 82 (1) 1 and 1-3.
(3)A person who acquires an emission facility or prevention facility of a business entity through any of the following procedures shall succeed to the rights and duties of the previous business entity which has resulted from permission, permission for modification, a report, or report on modification. In such cases, permission, etc. granted to the previous business entity shall become invalid:
1.Auction prescribed in the Civil Execution Act;
2.Conversion prescribed in the Debtor Rehabilitation and Bankruptcy Act;
3.Sale of seized property prescribed in the National Tax Collection Act, the Customs Act, or the Local Tax Collection Act;
4.Any other procedure equivalent to those prescribed in subparagraphs 1 through 3.

Article 28 – Design and construction of prevention facilities

The installation or alteration of prevention facilities shall be designed and constructed by a specialized environmental constructor under Article 15 of the Development of and Support for Environmental Technology Act: Provided, That this shall not apply where prevention facilities prescribed by Ministerial Decree of Environment are installed and where a business entity himself or herself designs and constructs prevention facilities, as prescribed by Ministerial Decree of Environment.

Article 29 – Installation of jointly-managed prevention facilities

(1)Business entities in industrial complexes or other areas where lots of business places are densely located may install jointly-managed prevention facilities to jointly treat pollutants emitted from emission facilities. in such cases, each business entity shall be considered to have installed prevention facilities for pollutants in his or her place of business
(2)A business entity shall, when installing and operating jointly-managed prevention facilities, establish an organization to operate such facilities and assign a representative to the organization.
(3)The permissible emission levels for jointly-managed prevention facilities may be determined differently from those determined under Article 16, and such permissible emission levels and matters necessary for the installation and operation of jointly-managed prevention facilities shall be prescribed by Ministerial Decree of Environment.

Article 30 – Reporting on commencement of operation of emission facilities

(1)When a business entity that has completed the installation of emission facilities or prevention facilities or modification of emission facilities (limited to modification, not smaller than the scale prescribed by Presidential Decree in cases of modification after filing a report on modification) intends to operate the emission facilities or prevention facilities, he or she shall, in advance, file a report on the commencement of operation to the Minister of Environment or the relevant Mayor/Do Governor, as prescribed by Ministerial Decree of Environment.
(2)Articles 33 through 35 shall not apply to facilities prescribed by Presidential Decree, such as nitrogen oxides reduction facilities in the power plant among the emission facilities or prevention facilities reported under paragraph (1) during a period prescribed by Ministerial Decree of Environment.

Article 31 – Operation of emission facilities and prevention facilities

(1)No business entity (including the representative of jointly-managed prevention facilities installed under Article 29 (2)) shall engage in any of the following activities when operating emission facilities and prevention facilities:
1.Operating emission facilities without operating prevention facilities or emitting pollutants from emission facilities, by mixing with the air to lower the pollution level: Provided, That this shall not apply in cases acknowledged by the Minister of Environment or the Mayor/Do Governor as necessary for the prevention of fire, explosion, or any other accident;
2.Installing air control devices, branch emission pipes, etc. to emit pollutants without passing through prevention facilities: Provided, That this shall not apply in cases acknowledged by the Minister of Environment or the Mayor/Do Governor as necessary for the prevention of fire, explosion, or any other accident;
3.Neglecting emission facilities or prevention facilities leaking pollutants due to corrosion and abrasion without good cause;
4.Neglecting broken or damaged machines and tools fitted to prevention facilities without good cause;
5.Failing to normally operate emission facilities or prevention facilities without good cause, thereby discharging pollutants in excess of the permissible emission levels.
(2)A business entity shall, when in operation, keep a factual record on the state of operation of emission facilities and prevention facilities and retain it, as prescribed by Ministerial Decree of Environment.

Article 32 – Installation of measuring devices

(1)Each business entity shall ensure that emission facilities and prevention facilities are properly operated by taking measures, such as the installation of measuring devices, to ascertain whether the pollutants discharged from such emission facilities meet the permissible emission levels determined under Articles 16 and 29 (3): Provided, That where a business entity is a small and medium enterprise defined in Article 2 of the Framework Act on Small and Medium Enterprises, the Minister of Environment or the relevant Mayor/Do Governor may take measures, such as the installation and operation of measuring devices, with the consent of the business entity.
(2)Matters necessary for the types and standards of the measures referred to in paragraph (1) and other matters shall be prescribed by Presidential Decree.
(3)No business entity shall engage in any of the following activities with respect to any measuring device installed pursuant to paragraph (1):
1.Failing to operate the measuring device intentionally, or preventing the normal operation of the measuring device while the emission facilities are in operation;
2.Neglecting a measuring device which malfunctions due to corrosion, abrasion, breakdown, or damage without good cause (limited to a measuring device installed under the main clause of paragraph (1));
3.Damaging a measuring device intentionally;
4.Omitting measurement results by manipulating the measuring device or compiling false measurement results.
(4)The Minister of Environment, the Mayor/Do Governor, and business entities who have installed measuring devices under paragraph (1) shall comply with the operation and management standards for measuring devices prescribed by Ministerial Decree of Environment to maintain the reliability and accuracy of the results measured by such measuring devices.
(5)The Minister of Environment or the Mayor/Do Governor may order a business entity that fails to meet any of the operation and management standards for measuring devices referred to in paragraph (4) to take necessary measures to operate and manage his or her measuring devices in compliance with such standards, within a specified period, as prescribed by Presidential Decree.
(6)Where a person upon receipt of an order to take measures pursuant to paragraph (5) fails to comply therewith, the Minister of Environment or the relevant Mayor/Do Governor may order the person to fully or partially suspend the operation of the relevant emission facilities.
(7)The Minister of Environment may operate a computer network capable of electronically processing the measurement results as linked to measuring devices installed at places of business under paragraph (1) and provide technical assistance to enable the Mayor/Do Governor or business entities to maintain and manage the measuring devices in a normal state.
(8)Where the Minister of Environment operates a computer network capable of electronically processing the measurement results under paragraph (7), he or she shall disclose such measurement results in real time on its official website, etc., using the methods prescribed by Presidential Decree and shall regularly disclose the electronically processed results: Provided, That where administrative dispositions are taken under Articles 33 and 34 against, or emission charges are imposed under Article 35 on, business entities which exceed the permissible emission levels, the electronically processed results shall be used.
(9)Expenses incurred in taking measures, such as installation and operation of measuring devices under the proviso of paragraph (1) and expenses incurred in operating and managing measuring devices under paragraph (4) (limited to the measuring devices installed and operated by the Minister of Environment or the Mayor/Do Governor) shall be borne by the State if they are installed by the Minister of Environment; and by the relevant City/Do if they are installed by the Mayor/Do Governor.
(10)A person who has installed measuring devices pursuant to paragraph (1) may have a person who has filed for registration of agency business for managing measuring devices pursuant to Article 32-2 (1) (hereinafter referred to as "agency for managing measuring devices") manage the measuring devices on his or her behalf.

Article 32-2 – Registration of agency business for managing measuring devices

(1)A person who intends to run agency business for managing measuring devices to maintain the reliability and accuracy of the results measured by such measuring devices under Article 32 (4) (hereinafter referred to as "agency business for managing measuring devices") shall file for registration with the Minister of Environment after meeting the standards for facilities, equipment, technical personnel, etc. The same shall also apply where it intends to modify any of the significant matters prescribed by Presidential Decree among registered matters.
(2)None of the following persons shall file for registration of agency business for managing measuring devices:
1.A person under adult guardianship or a person under limited guardianship;
2.A bankrupt who has not been reinstated;
3.A person for whom two years have not passed since his or her imprisonment with labor or a heavier punishment sentenced by a court for violating this Act was completely executed (including where such sentence is deemed completely executed) or the non-execution of such sentence became final;
4.A person for whom two years have not passed since the registration was canceled under Article 32-3 (excluding where the registration was canceled because the relevant person falls under Article 32-2 (2) 1 or 2);
5.A corporation that has a person falling under any of subparagraphs 1 through 4 among its executive officers.
(3)The Minister of Environment shall issue a registration certificate prescribed by Ministerial Decree of Environment to an agency for managing measuring devices.
(4)No agency for managing measuring devices shall allow a third person to perform affairs of managing measuring devices using his or her name, or lend his or her registration certificate to a third person.
(5)An agency for managing measuring devices shall comply with the management standards prescribed by Ministerial Decree of Environment to maintain the reliability and accuracy of the results measured by such measuring devices.

Article 32-3 – Revocation of registration of agency business for managing measuring devices

(1)Where an agency for managing measuring devices falls under any of the following, the Minister of Environment may revoke his or her registration or issue an order to suspend all or part of his or her business for a specified period not exceeding six months: Provided That where an agency for managing measuring devices falls under subparagraph 1, 4, 5 or 7, his or her registration shall be revoked:
1.Where it has filed for registration by fraud or other improper means;
2.Where he or she fails to commence business within two years on or after the date of registration, or produces no business results for at least two consecutive years;
3.Where he or she fails to meet the registration standards referred to in Article 32-2 (1);
4.Where he or she falls under any ground for disqualification referred to in Article 32-2 (2): Provided, That the same shall not apply where he or she falls under the ground for disqualification referred to in Article 32-2 (2) 5 and such ground for disqualification ceases to exist within two months from the date such ground occurs;
5.Where he or she allows a third person to perform the affairs of managing measuring devices using his or her name, or lend his or her registration certificate to a third person, in violation of Article 32-2 (4);
6.Where he or she violates the management standards referred to in Article 32-2 (5);
7.Where he or she runs agency business for managing measuring devices during a period of business suspension.
(2)Detailed criteria for administrative dispositions to be taken under paragraph (1) shall be prescribed by Ministerial Decree of Environment.

Article 33 – Orders for improvement

When the Minister of Environment or the Mayor/Do Governor deems that the level of pollutants emitted from an emission facility which is in operation after filing of the report referred to in Article 30 violates the permissible emission levels prescribed under Article 16 or 29 (3), he or she may order the relevant business entity (including the representative of the jointly-managed prevention facilities under Article 29 (2)) to take necessary measures to ensure that the level of pollutants meet the permissible emission levels, for a specified period, as prescribed by Presidential Decree (hereinafter referred to as "order for improvement").

Article 34 – Orders to suspend operation

(1)If a person upon receipt of an order for improvement issued under Article 33 fails to carry out such order for improvement or is found to continue to exceed the permissible emission levels determined under Article 16 or 29 (3) as a result of inspections even though he or she has carried out the order for improvement within the specified period, the Minister of Environment or the relevant Mayor/Do Governor may order the person to fully or partially suspend the operation of the relevant emission facilities.
(2)Where the Minister of Environment or the Mayor/Do Governor deems that air pollution poses imminent damage to residents' health and the environment, he or she may immediately issue an order to restrict operating hours, to suspend operation, or to take other necessary measures with respect to the relevant emission facilities, as prescribed by Ministerial Decree of Environment.

Article 35 – Imposition and collection of emission charges

(1)To prevent or reduce damage to the atmospheric environment, which is caused by air pollutants, the Minister of Environment or the Mayor/Do Governor shall impose emission charges on, and collect such charges from, the following business entities or persons:
1.A business entity that emits air pollutants (including persons who install and operate jointly-managed prevention facilities pursuant to Article 29);
2.A person who installs or modifies emission facilities without obtaining permission or permission for modification, or filing a report or report on modification under Article 23 (1) through (3).
(2)Emission charges referred to in paragraph (1) shall be classified and imposed as follows:
1.Basic charges: An amount imposed on any business entity that emits air pollutants in compliance with the permissible emission levels, based on the quantity, concentration, etc. of such pollutants emitted;
2.Excess charges: An amount imposed on any business entity that emits air pollutants in excess of the permissible emission levels, based on the quantity, concentration, etc. of such pollutants emitted.
(3)In imposing emission charges under paragraph (1), the Minister of Environment or the Mayor/Do Governor shall take the following matters into consideration:
1.Whether the permissible emission levels are exceeded;
2.The kinds of pollutants emitted;
3.The emission period of pollutants;
4.The quantity of the pollutants emitted;
5.Whether self-measurement referred to in Article 39 was performed;
6.Any other matter prescribed by Ministerial Decree of Environment with respect to air pollution or improvement of the atmospheric environment.
(4)Methods and standards for calculating emission charges referred to in paragraphs (1) and (2), and other necessary matters, shall be prescribed by Presidential Decree: Provided, That excess charges shall be increased based on the number of violations within 10 times the amount to which the standards for calculation under the main clause are applied, as prescribed by Presidential Decree, and in such cases, the number of violations shall be calculated based on the most recent two years before the point of time of a violation by emission outlet of each place of business.
(5)Where a person who shall pay an emission charge imposed under paragraph (1) fails to pay it by the payment deadline, the Minister of Environment or the relevant Mayor/Do Governor shall collect surcharges.
(6)Articles 30 and 31 of the Local Tax Collection Act shall apply mutatis mutandis to surcharges collected under paragraph (5).
(7)Emission charges referred to in paragraph (1) and surcharges referred to in paragraph (5) shall be accounted as the revenue of the Special Account for Environmental Improvement prescribed in the Framework Act on Environmental Policy (hereinafter referred to as "Special Account for Environmental Improvement").
(8)Where the Mayor/Do Governor has collected emission charges and surcharges in his or her jurisdiction, the Minister of Environment may grant some of the collected emission charges and surcharges to him or her as collection expenses, as prescribed by Presidential Decree.
(9)Where a person who shall pay an emission charge or surcharge fails to pay it by the payment deadline, the Minister of Environment or the relevant Mayor/Do Governor shall collect it in the same manner as delinquent national taxes are collected or in accordance with the Act on the Collection of Local Administrative Penalty Charges.

Article 35-2 – Reduction of and exemption from emission charges

(1)Notwithstanding Article 35 (1), no emission charges prescribed in Article 35 (limited to basic charges; hereafter in this Article, the same shall apply) shall be imposed on any of the following persons, as prescribed by Presidential Decree:
1.A business entity who operates emission facilities using fuels prescribed by Presidential Decree;
2.A business entity who has installed the optimum prevention facilities prescribed by Presidential Decree;
3.A person who operates military facilities prescribed by the Minister of Environment following consultation with the Minister of National Defense, as prescribed by Presidential Decree.
(2)Emission charges prescribed in Article 35 may be reduced or exempted for any of the following persons, as prescribed by Presidential Decree: Provided, That the emission charges to be charged to a business entity referred to in subparagraph 2 shall be reduced or exempted within the amount of disposal expenses borne by the business entity under relevant statutes:
1.A business entity who operates emission facilities prescribed by Presidential Decree;
2.A business entity who bears the costs of treating air pollutants under other statutes.

Article 35-3 – Adjustment of emission charges

(1)Where any of the grounds prescribed by Presidential Decree exists, the Minister of Environment or the relevant Mayor/Do Governor shall recalculate and adjust the charges, and impose or refund the difference by acknowledging a change in the state of the pollutants emitted, etc. from the first measurement, including the case in which the quantity of the pollutants emitted is changed when re-measured after the imposition of emission charges.
(2)Matters necessary for the method of calculation and adjustment, and procedure for refund under paragraph (1) and other matters shall be prescribed by Presidential Decree.

Article 35-4 – Deferment of collection and installment payments of emission charges, and procedure for collection thereof

(1)If the Minister of Environment or the Mayor/Do Governor deems a person who shall pay emission charges is unable to pay them by the payment deadline on any of the following grounds, he or she may defer the collection thereof or allow such person to pay them in installments:
1.Where a serious loss has occurred to a business entity's property due to a natural disaster or any other catastrophe;
2.Where he or she faces a serious crisis in management due to a loss of business;
3.Where deferment of collection or installment payment is deemed inevitable on any grounds equivalent to those stipulated under subparagraph 1 or 2.
(2)Where the amount of emission charges is at least two times the capital or total amount of investment (referring to total amount of assets, in cases of individual business entities) of a person liable to pay them and the collection of the emission charges is deemed impracticable even until the lapse of the period for deferment of collection on the grounds prescribed in the subparagraphs of paragraph (1), the period for deferment of collection may be extended or the number of installment payments may be increased for the collection thereof.
(3)When the Minister of Environment or the Mayor/Do Governor determines the deferment of collection under paragraph (1) or (2), he or she may request an obligor to provide security equivalent to the amount so deferred.
(4)If a person liable for payment for whom the collection has been deferred falls under any of the following cases, the Minister of Environment or the relevant Mayor/Do Governor may revoke the deferment of collection and collect the emission charges, the collection of which has been deferred:
1.Where he or she fails to pay the charges, the collection of which has been deferred by the payment deadline;
2.Where he or she fails to comply with an order issued by the Mayor/Do Governor for the change or preservation of security;
3.Where the deferment of collection is deemed unnecessary due to the change of property status or other circumstances.
(5)The period for deferment of collection of emission charges or the method of making installment payments under paragraph (1), the extension of the period for deferment of collection under paragraph (2), and other necessary matters shall be prescribed by Presidential Decree.

Article 36 – Revocation of permission

(1)Where a business entity falls under any of the following cases, the Minister of Environment or the relevant Mayor/Do Governor may revoke permission to install emission facilities or permission for modification thereof, or issue an order to close the relevant emission facilities or suspend the operation of the relevant emission facilities, within a specified period not exceeding six months: Provided, That where a business entity falls under any of subparagraphs 1, 2, 10, 11, and 18 through 20, the Minister of Environment or the relevant Mayor/Do Governor shall revoke permission to install emission facilities or permission for modification thereof, or issue an order to close the relevant emission facilities:
1.Where he or she obtains permission for installation or permission for modification by fraud or other improper means;
2.Where he or she files a report on installation or report on modification by fraud or other improper means;
3.Where he or she fails to obtain permission for modification or file a report on modification under Article 23 (2) or (3);
3-2.Where he or she fails to comply with the conditions of permission under Article 23 (9);
4.Where he or she installs and operates emission facilities without installing prevention facilities required under the main clause of Article 26 (1), or (2);
5.Where he or she starts operation without filing a report on the commencement of operation under Article 30 (1);
6.Where he or she engages in any activity referred to in any subparagraph of Article 31 (1);
7.Where he or she falsely keeps a record of the operation of emission facilities and prevention facilities under Article 31 (2) or fails to retain such record;
8.Where he or she fails to take measures necessary for the proper operation of emission facilities and prevention facilities, such as installation of measuring devices, in violation of Article 32 (1);
9.Where he or she engages in any activity referred to in any subparagraph of Article 32 (3);
10.Where he or she fails to comply with an order to suspend operation under Article 32 (6);
11.Where he or she fails to comply with an order to suspend operation under Article 34;
12.Where he or she fails to perform self-measurement or performs a measurement contrary to measurement methods, in violation of Article 39 (1);
13.Where he or she falsely keeps a record of the results of self-measurement or fails to retain such record, in violation of Article 39 (1);
13-2.Where he or she engages in any activity falling under any subparagraph of Article 39 (2);
14.Where he or she fails to appoint an environmental engineer under Article 40 (1) or appoints a disqualified environmental engineer;
15.Where he or she fails to perform supervision under Article 40 (3);
16.Where he or she fails to comply with an order to prohibit or restrict the supply, sale, or use of fuels or an order to take measures under Article 41 (4);
17.Where he or she fails to comply with an order to prohibit or restrict the manufacture, supply, sale, or use of fuels or an order to take measures under Article 42;
18.Where he or she continues operation during the period for suspension of operation;
19.Where he or she fails to install emission facilities or prevention facilities within five years after obtaining permission or filing a report under Article 23 (1) in the absence of special circumstances, or where it is confirmed that emission facilities have been destroyed or the business has been closed;
20.Where he or she removes emission facilities to discontinue his or her business.
(2)If necessary for verifying whether a business entity satisfies the requirements to revoke permission for the installation or modification of emission facilities or for the issuance of an order to close the facilities pursuant to paragraph (1) 19 or 20, the Minister of Environment or the Mayor/Do Governor may request that the head of the competent tax office provide information regarding whether the business entity has filed a report on the closure of business pursuant to Article 8 of the Value-Added Tax Act or his or her business registration has been canceled. In such cases, upon receipt of such request, the head of the tax office shall provide the relevant information pursuant to Article 36 (1) of the Electronic Government Act.

Article 37 – Imposition of penalty surcharges

(1)Where the Minister of Environment or the Mayor/Do Governor is required to issue an order to a business entity who has installed and operates any of the following emission facilities to suspend the operation of the relevant facility under Article 36 (1), if the suspension of operation is likely to substantially impede the livelihood of residents and the national economy, including foreign credit, employment, commodity prices, and public interest or if any of the cases prescribed by Presidential Decree occurs, the Minister of Environment or the Mayor/Do Governor may impose penalty surcharges not exceeding the amount computed by multiplying the sales by 5/100 in lieu of a disposition to suspend operation: Provided, That penalty charges not exceeding 200 million won may be imposed for cases prescribed by Presidential Decree, where sales are non-existent or indeterminate:
1.Emission facilities of medical institutions provided for in the Medical Service Act;
2.Cooling and heating facilities of social welfare facilities and multi-family housing;
3.Generating facilities of a power plant;
4.Integrated energy supply facilities provided for in the Integrated Energy Supply Act;
5.Emission facilities of schools provided for in the Elementary and Secondary Education Act and the Higher Education Act;
6.Emission facilities of manufacturing business;
7.Other emission facilities prescribed by Presidential Decree.
(2)Notwithstanding paragraph (1), no penalty surcharges shall be imposed in lieu of a disposition to suspend operation in any of the following circumstances:
1.Where a person obligated to install prevention facilities (including jointly-managed prevention facilities prescribed in Article 29) under Article 26 has operated emission facilities without installing the prevention facilities;
2.Where any of the prohibited activities stipulated under the subparagraphs of Article 31 (1) is committed and such activity is subject to a disposition to suspend operation for at least 30 days;
3.Where an order for improvement issued under Article 33 is not complied with;
4.Where any activity becomes subject to a disposition to suspend operation under Article 36 before two years have passed from the date of imposition of a penalty surcharge.
(3)The amount of penalty surcharges depending on the type, severity, etc. of a violation subject to penalty surcharges under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree, but the amount may be increased or reduced within the range of 1/2 of the amount.
(4)If a person who shall pay a penalty surcharge imposed under paragraph (1) fails to pay it by the payment deadline, the Minister of Environment or the relevant Mayor/Do Governor shall collect it in the same manner as delinquent national taxes are collected or in accordance with the Act on the Collection of Local Administrative Penalty Charges.
(5)Penalty surcharges collected under paragraph (1) shall be accounted as the revenue of the Special Account for Environmental Improvement.
(6)Where the Mayor/Do Governor collect penalty surcharges under paragraph (1), Article 35 (8) shall apply mutatis mutandis to the grant of the collection expenses thereof.

Article 38 – Measures for closure of unlawful facilities

The Minister of Environment or the relevant Mayor/Do Governor shall issue an order to suspend the use of emission facilities to a person who installs or uses such emission facilities without obtaining permission or filing a report under Article 23 (1) through (3): Provided, That the Minister of Environment or the Mayor/Do Governor shall issue an order to close the relevant emission facilities where even an improvement thereof or an installment or improvement of a prevention facility is deemed unlikely to lower the level of pollutants in compliance with the permissible emission levels prescribed under Article 16 even if the emission facilities are improved or prevention facilities are installed or improved, or where the site is prohibited from the installation of emission facilities under other statutes.

Article 38-2 – Reporting on installation of fugitive emission facilities

(1)Where a person intends to install and operate facilities, including processes and equipment (hereinafter referred to as "fugitive emission facilities") which directly emit air pollutants into the atmosphere without smokestack or any vent prescribed by Ministerial Decree of Environment (hereinafter referred to as "fugitive emission"), in any type of business prescribed by Presidential Decree, he or she shall file a report on the installation and operation of such facilities with the Minister of Environment, as prescribed by Ministerial Decree of Environment.
(2)Where a person who has filed a report under paragraph (1) intends to modify any matter prescribed by Ministerial Decree of Environment in a reported matter, he or she shall file a report on such modification.
(3)The Minister of Environment shall notify whether or not to accept a report or a report on modification to the person who has filed the report, within 10 days from the date of receiving the report under paragraph (1) or the report on modification under paragraph (2).
(4)If the Minister of Environment fails to notify whether or not to accept a report or to extend the treatment period thereof under the statutes or regulations related to civil petitions treatment to the person who has filed the report, within a period set under paragraph (3), the report shall be deemed accepted on the day following the end of the period (referring to the extended or re-extended period if the treatment period is extended or re-extended under the statutes or regulations related to civil petitions).
(5)A person who has filed a report under paragraph (1) or a report on modification under paragraph (2), shall comply with the facility management standards prescribed by Ministerial Decree of Environment.
(6)A person who has filed a report under paragraph (1) or a report on modification under paragraph (2), shall receive regular inspections conducted by the National Institute of Environmental Research, river basin environmental offices, regional environmental offices, the Metropolitan Air Quality Management Office, the Korea Environment Corporation established under the Korea Environment Corporation Act, or any other institution, to obtain confirmation as to whether it complies with the facility management standards referred to in paragraph (5).
(7)Contents, frequency, and methods of regular inspections, institutions to conduct regular inspections, and other relevant matters under paragraph (6) shall be prescribed by Ministerial Decree of Environment.
(8)The Minister of Environment may order any person who violates any of the facility management standards referred to in paragraph (5) to take necessary measures, including improvement of facilities to reduce fugitive air pollutants.
(9)Where a person who installs or operates fugitive emission facilities falls under any of the following subparagraphs, the Minister of Environment may issue an order to suspend the operation of the relevant fugitive emission facilities within a specified period not exceeding six months:
1.Where he or she fails to file a report or a report on modification under paragraph (1) or (2);
2.Where he or she fails to comply with the facility management standards under paragraph (5);
3.Where he or she fails to receive regular inspections of fugitive emission facilities under paragraph (6);
4.Where he or she fails to comply with an order to take measures under paragraph (8).
(10)Where the Minister of Environment is required to issue an order to suspend operation under paragraph (9) to a person who installs and operates fugitive emission facilities, but if the suspension of operation is likely to substantially impede the livelihood of residents and the national economy involving foreign credit, employment, commodity prices, and public interest, the Minister may impose penalty surcharges in lieu of a disposition to suspend operation. In such cases, Article 37 (1), and (3) through (5) shall apply mutatis mutandis to the standards, procedures, etc. for imposing penalty surcharges:
(11)Notwithstanding paragraph (10), no penalty surcharge shall be imposed in lieu of a disposition to suspend operation, if any activity becomes subject to a disposition to suspend operation under paragraph (9) before two years elapse from the date of imposition of a penalty surcharge:
(12)The Minister of Environment may, within the budget, fully or partially subsidize the expenses incurred in undergoing regular inspections under paragraph (6) to a person who is a small or medium enterprise defined in Article 2 (1) of the Framework Act on Small and Medium Enterprises, among persons who have filed a report under paragraph (1) or report on modification under paragraph (2).

Article 39 – Self-measurement

(1)While a business entity operates emission facilities, he or she shall perform a self-measurement of pollutants emitted or have a measuring agency designated under Article 16 of the Environmental Testing and Inspection Act perform a measurement, and record the results thereof as they are and retain them, as prescribed by Ministerial Decree of Environment.
(2)Where a business entity intends to have a measuring agency perform a measurement pursuant to paragraph (1), it shall not conduct the following acts:
1.Having the measuring agency omit measurement results;
2.Having the measuring agency prepare false measurement results;
3.Obstructing the normal measurement.
(3)A business entity shall submit the results of measurement under paragraph (1) to the Minister of Environment or a Mayor/Do Governor, as prescribed by Ministerial Decree of Environment.
(4)The subjects, items, and methods of measurement and other matters necessary for measurement shall be prescribed by Ministerial Decree of Environment.

Article 40 – Environmental engineers

(1)A business entity shall appoint an environmental engineer for the normal operation and management of emission facilities and prevention facilities.
(2)An environmental engineer shall guide and supervise those who are engaged in the operation of emission facilities and prevention facilities not to violate this Act or orders issued under this Act, and record and keep the results of the operation of emission facilities and prevention facilities, and comply with matters prescribed by Ministerial Decree of Environment, such as working full-time at the place of business.
(3)A business entity shall supervise environmental engineers to strictly comply with the matters referred to in paragraph (2).
(4)No business entity or those who are engaged in the operation of emission facilities and prevention facilities shall interfere with the duties of an environmental engineer for the normal operation and management of the emission facilities and prevention facilities. Upon receipt of a request necessary for the performance of duties from the environmental engineer, he or she shall comply with such request without good cause.
(5)The scope of places of business to which environmental engineers shall appointed under paragraph (1), qualifications for environmental engineers and a term of appointment (including appointment by replacement) shall be prescribed by Presidential Decree.

Chapter III
Regulations on emission of air pollutants in living environment

Article 41 – Sulfur content levels for oils used for fuels and other fuels

(1)The Minister of Environment may determine a permissible sulfur content level (hereinafter referred to as "sulfur content level") for each kind of oil used for fuels and other fuels, after seeking consultation with the heads of the relevant central administrative agencies.
(2)The Minister of Environment may determine the scope of areas to supply or facilities to use the fuels, the sulfur content levels of which are determined under paragraph (1), as prescribed by Presidential Decree, and request the heads of the relevant central administrative agencies to supply fuels by area or by facility.
(3)No one who intends to supply or sell a fuel to an area or facility determined under paragraph (2), or to use a fuel in such area or facility shall supply, sell or use fuels which exceed the sulfur content levels: Provided, That emission facilities which use a fuel exceeding the sulfur content level and for which permission to install the emission facilities or permission for modification thereof has been obtained or a report on installation or a report on modification has been filed under Article 23, as prescribed by Ministerial Decree of Environment, may supply, sell or use fuels exceeding the sulfur content levels.
(4)The Mayor/Do Governor may issue, to a person (excluding cases falling under the proviso of paragraph (3)) who supplies or sells a fuel exceeding the sulfur content level to its supply areas or facilities or uses a fuel exceeding the sulfur content level in its supply areas or facilities under paragraph (2), an order to prohibit or restrict the supply, sale or use of the fuel or to take necessary measures, as prescribed by Presidential Decree.

Article 42 – Regulation of manufacture and use of fuels

When the Minister of Environment or the Mayor/Do Governor deems it particularly necessary for the prevention of air pollution caused by the use of a fuel, he or she may prohibit or restrict the manufacture, sale or use of the fuel or order to take necessary measures, as prescribed by Presidential Decree through consulting with the heads of relevant central administrative agencies: Provided, That the same shall not apply to a person who uses the fuel, obtaining the approval of the Minister of Environment or the Mayor/Do Governor, as prescribed by Presidential Decree.

Article 43 – Regulation of fugitive dust

(1)Any person who intends to run any business prescribed by Presidential Decree which generates fugitive dust (hereinafter referred to as "fugitive dust") shall file a report thereon with the Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply), as prescribed by Ministerial Decree of Environment, and install facilities to control fugitive dust or take necessary measures. The same shall also apply to any modification thereof.
(2)Where business zones under paragraph (1) extend over the jurisdictions of at least two Special Self-Governing Cities, Special Self-Governing Provinces, and Sis/Guns/Gus (referring to autonomous Gus), a report shall be filed with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu having jurisdiction over the largest business zone (referring to the longest zone, where a report or a report on modification is filed under paragraph (1) with the business size measured in length).
(3)Upon receipt of a report or a report on modification filed under paragraph (1), the Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall examine the report, and, if it conforms to this Act, accept it.
(4)Where a person who runs business fails to install facilities to control fugitive dust or fails to take necessary measures under paragraph (1), or where the facilities installed or the measures taken are deemed inappropriate, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu who has accepted a report or a report on modification pursuant to paragraph (3) may order such person to install necessary facilities, to implement measures, or to make improvements.
(5)A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu who has accepted a report or a report on modification pursuant to paragraph (3) may order a person who fails to comply with an order issued under paragraph (4) to suspend his or her business, or suspend or restrict the use of the facilities, etc.
(6)Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu who has jurisdiction over zones in which business is conducted requests that a person engaged in such business take measures under paragraph (4) or (5), the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu who has accepted a report or a report on modification pursuant to paragraph (2) or (3) may order that such person take the measures.
(7)Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu, upon receipt of a request under paragraph (6), fails to issue an order to take the relevant measures without good cause, the Minister of Environment or the Mayor/Do Governor may recommend the relevant measures be taken. In such cases, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, upon receipt of such recommendation, shall comply therewith, unless there is a compelling reason not to do so.

Article 44 – Regulation of volatile organic compounds

(1)A person who intends to install facilities prescribed by Presidential Decree which emit volatile organic compounds in any of the following areas shall file a report thereon to the Mayor/Do Governor or the Mayor of a large city, as prescribed by Ministerial Decree of Environment:
1.A special-measures area;
2.An air control zone;
3.An area other than those areas described under subparagraphs 1 and 2, which is designated and publicly notified by the Minister of Environment in consultations with the heads of the relevant central administrative agencies, as it is deemed necessary to improve air pollution generated by volatile organic compound emissions (hereinafter referred to as "additional area subject to the emission control of volatile organic compounds").
(2)Where a person who has filed a report under paragraph (1) intends to modify any reported matters prescribed by Ministerial Decree of Environment, he or she shall file a report on modification thereof.
(3)The Mayor/Do Governor or the Mayor of a large city shall notify whether or not to accept a report or a report on modification to the person who has filed the report, within seven days from the date of receiving the report under paragraph (1) or the report on modification under paragraph (2).
(4)If the Mayor/Do Governor or the Mayor of a large city fails to notify whether or not to accept a report or to extend the treatment period thereof under the statutes or regulations related to handling civil petitions to the person who has filed the report, within a period set under paragraph (3), the report shall be deemed accepted on the day following the end of the period (referring to the extended or re-extended period if the handling period is extended or re-extended under the statutes or regulations related to handling civil petitions).
(5)A person who intends to install a facility referred to in paragraph (1) shall take measures to prevent any damage to the atmospheric environment, which might be caused by the emission of volatile organic compounds, such as the installation of facilities to control or prevent the emission of volatile organic compounds.
(6)Matters necessary for the standards, etc. for installation of facilities to control or prevent the emission of volatile organic compounds as referred to in paragraph (5) shall be prescribed by Ministerial Decree of Environment.
(7)A City/Do or a large city may establish standards more stringent than those established under paragraph (6) by ordinance of that City/Do or large city.
(8)Where the installation of facilities has been reported or is to be reported to the Mayor/Do Governor or the Mayor of a large city under paragraph (1) within the City/Do or the large city to which more stringent standards apply under paragraph (7), such stringent standards shall also apply to the facilities to control or prevent the emission of volatile organic compounds from such facility.
(9)The Mayor/Do Governor or the Mayor of a large city may order that a person who fails to take measures under paragraph (5) or to comply with standards under paragraph (6) or (7) take necessary measures such as the improvement of facilities emitting volatile organic compounds or facilities to control or prevent the emission of volatile organic compounds.
(10)Where a person who installs and operates facilities emitting volatile organic compounds falls under any of the following subparagraphs, the Mayor/Do Governor or the Mayor of a large city may issue an order to suspend the operation of the relevant facilities for a specified period not exceeding six months:
1.Where he or she fails to file a report or a report on modification under paragraph (1) or (2);
2.Where he or she fails to take measures under paragraph (5) or his or her measures fail to meet the standards under paragraph (6) or (7);
3.Where he or she fails to comply with an order to take measures under paragraph (9).
(11)Where the Mayor/Do Governor or the Mayor of a large city is required to issue an order to suspend operation under paragraph (10) to a person who installs and operates facilities emitting volatile organic compounds, but if the suspension of operation is likely to substantially impede the livelihood of residents and the national economy that includes foreign credit, employment, commodity prices, and public interest, he or she may impose penalty surcharges in lieu of a disposition to suspend operation. In such cases, Article 37 (1), and (3) through (6) shall apply //mutatis mutandis// to the standards and procedures for imposing penalty surcharges:
(12)Notwithstanding paragraph (11), no penalty surcharge shall be imposed in lieu of a disposition to suspend operation, where any activity becomes subject to a disposition to suspend operation under paragraph (10) before two years have passed from the date of imposition of a penalty surcharge:
(13)In order to suppress the emission of volatile organic compounds, a person who has filed a report under paragraph (1) shall inspect the facilities that emit volatile organic compounds to ascertain whether any volatile organic compounds are emitted and measure their concentrations, etc., and shall record and retain the results thereof.
(14)Matters concerning the detailed criteria, procedures, etc. necessary for the designation of an additional area subject to the emission control of volatile organic compounds under paragraph (1)3 shall be prescribed by Ministerial Decree of Environment.

Article 44-2 – Permissible volatile organic compound content levels of paints

(1)Volatile organic compound content levels of eco-friendly paints (hereinafter referred to as "volatile organic compound content levels") shall be prescribed by Ministerial Decree of Environment. In this regards, the Minister of Environment shall consult with the heads of the relevant central administrative agencies.
(2)None of the following persons shall supply or sell any paint which exceeds any of the volatile organic compound content levels:
1.A person who manufactures paints, or supplies or sells paints after importing them;
2.A person who supplies or sells paints, other than those falling under subparagraph 1.
(3)Where a person falling under paragraph (2) 1 supplies or sells any paint which exceeds the volatile organic compound content levels, the Minister of Environment may order him or her to take necessary measures, including suspension of the supply or sale of the relevant paint or the withdrawal thereof, as prescribed by Presidential Decree.
(4)Where a person falling under paragraph (2) 2 supplies or sells paint which exceeds the volatile organic compound content levels, the Minister of Environment may order him or her to suspend the supply or sale of such relevant paint, as prescribed by Presidential Decree.

Article 44-3 – Constructive reports on modification under other statutes

(1)Where a report on modification has been filed pursuant to Article 44 (2), either of the following reports on modification shall be deemed to have been filed in relation to relevant emission facilities: Provided, That altered matters shall be reported only when the name or representative of a place of business is altered:
1.A report on modification of specified facilities subject to the control of soil contamination under the latter part of Article 12 (1) of the Soil Environment Conservation Act;
2.A report on modification of discharging facilities under the proviso of Article 33 (2) and Article 33 (3) of the Water Environment Conservation Act.
(2)A person who intends to be deemed to have filed a report on modification under paragraph (1) shall submit relevant documents prescribed by relevant statutes when he or she applies for the report on modification.
(3)Where the head of an administrative agency who receives reports on modification pursuant to paragraph (1) has processed a report on modification, he or she shall notify the details thereof, without delay, to the head of an administrative agency having jurisdiction over the relevant report on modification under the subparagraphs of paragraph (1).
(4)Where a report on modification is deemed to have been filed under paragraph (1), fees imposed pursuant to relevant statutes shall be exempted.

Article 45 – Regulation of existing facilities emitting volatile organic compounds

(1)A person operating a facility emitting volatile organic compounds in an area at the time such area is designated and publicly notified as a special-measures area, air control zone, or additional area subject to the emission control of volatile organic compounds, shall file a report under Article 44 (1) within three months from the date such area is designated and publicly notified as a special-measures area, air control zone, or additional area subject to the emission control of volatile organic compounds, and shall take measures under Article 44 (5) within two years from the date such area is designated and publicly notified as a special-measures area, air control zone, or additional area subject to the emission control of volatile organic compounds.
(2)Where an additional volatile organic compound has been publicly notified, a person operating a facility emitting such additional volatile organic compound in a special-measures area, air control zone, or additional area subject to the emission control of volatile organic compounds, shall file a report under Article 44 (1) within three months from the date such additional compound is publicly notified, and take measures under Article 44 (5) within two years from the date such additional compound is publicly notified.
(3)If a person who has filed a report under paragraph (1) or (2) intends to modify any reported matter, he or she shall file a report on modification thereof under Article 44 (2).
(4)Notwithstanding paragraphs (1) and (2), in cases falling under any ground prescribed by Presidential Decree, such as where a measure taken under Article 44 (5) requires a special technology, the period for such measure may be extended by up to one year upon approval by the Mayor/Do Governor or the Mayor of a large city.
(5)Article 44 (9) through (12) shall apply mutatis mutandis where the measures provided for in paragraph (1), (2), or (4) are not taken within the period prescribed in each of such paragraphs.

Article 45-2 – Succession of rights and duties

(1)Where a person who has filed a report or a report on modification under Article 44 (1) or (2) (hereafter in this Article referred to as "installer") transfers any facility that emits volatile organic compounds or controls or prevents the emission of volatile organic compounds referred to in Article 44 (1) or (5) or where the installer dies or a corporate installer is merged with another corporation, the transferee, the heir, or a corporation surviving the merger or a corporation newly incorporated by the merger shall succeed to the rights and duties of the installer in respect of the report or report on modification.
(2)Where any facility that emits volatile organic compounds or controls or prevents the emission of volatile organic compounds referred to in Article 44 (1) or (5) is leased, the lessee shall be deemed the installer for the purposes of Article 44, 45, or 82 (1) 5.

Article 45-3 – Inspection of facilities for controlling or preventing emission of volatile organic compounds

(1)Manufacturers of facilities for controlling or preventing the emission of volatile organic compounds (including persons who import and sell them) and persons who install them under Articles 44 (5) and 45 (1) shall undergo inspections conducted by an inspection institution prescribed by Ministerial Decree of Environment. The same shall also apply to any of the cases prescribed by Ministerial Decree of Environment, in which reports on modification are filed under Article 44 (2) or 45 (3).
(2)In order to control and prevent the emission of volatile organic compounds, the Minister of Environment may provide assistance required by inspection institutions referred to in paragraph (1) for their inspection services.
(3)Facilities subject to inspections under paragraph (1), methods of and standards for inspection, and other matters necessary for inspection services shall be prescribed by Ministerial Decree of Environment.

Chapter IV
Regulation of exhaust gases from motor vehicles and ships

Article 46 – Permissible emission levels for manufactured motor vehicles

(1)A person who intends to manufacture (including importation; hereinafter the same shall apply) motor vehicles (including motors and low-emission motor vehicles; hereafter in this Article, Articles 47 through 50, 50-2, 50-3, 51 through 56, 82 (1) 6, subparagraphs 6 and 7 of Article 89, and subparagraph 4 of Article 91 the same shall apply) (hereinafter referred to as "motor vehicle manufacturer") shall manufacture them in compliance with the permissible levels (hereinafter referred to as "permissible emission levels for manufactured motor vehicles") for pollutants (only applicable to pollutants prescribed by Presidential Decree; hereinafter referred to as "exhaust gases") emitted from the relevant motor vehicle (hereinafter referred to as "manufactured motor vehicles"), prescribed by Ministerial Decree of Environment: Provided, That a motor vehicle manufacturer who intends to manufacture a motor to be used for low emission-motor vehicles or low-emission construction machinery shall do so in compliance with permissible levels separately prescribed by Ministerial Decree of Environment (hereinafter referred to as "permissible emission levels for low-emission motor vehicles, etc.").
(2)The Minister of Environment shall consult with the heads of the relevant central administrative agencies when drafting an Ministerial Decree of Environment referred to in paragraph (1).
(3)Motor vehicle manufacturers shall manufacture motor vehicles in such a manner that emissions emitted from manufactured motor vehicles meet the permissible emission levels for manufactured motor vehicles for a period prescribed by Ministerial Decree of Environment (hereinafter referred to as "warranty period of exhaust gases").
(4)No motor vehicle manufacturer shall intentionally modify or manipulate design for components related to exhaust gases differently from the details of certification obtained under Article 48 (1).

Article 46-2 – Support for research and development related to permissible emission levels for manufactured motor vehicles

(1)Where research and development is required to ascertain permissible emission levels for manufactured motor vehicles and the methods of inspections of permissible emission levels for manufactured motor vehicles, the Minister of Environment may direct any of the following persons to conduct research and development. In such cases, he or she may subsidize expenses required for the research and development within a budgetary limit:
1.A person delegated or entrusted with certification affairs of Article 48 (1) in accordance with Article 87;
2.A person designated as a testing agency for certification under Article 48-2 (1).
(2)The Minister of Environment may examine and analyze international standards to make the permissible emission levels for manufactured motor vehicles compliant with such international standards and may support international cooperation activities of the institutions and organizations prescribed by Ministerial Decree of Environment in connection with the permissible emission levels for manufactured motor vehicles.

Article 47 – Support for technical development

(1)The State may provide financial and technical support necessary for the technical development or manufacture of any of the following facilities, etc. for the reduction of air pollution caused by motor vehicles and construction machinery:
1.Low-emission motor vehicles, and facilities for supplying fuels to low-emission motor vehicles, which are prescribed by the Minister of Environment;
1-2.Low-emission construction machinery and fueling facilities for such construction machinery, which are prescribed by the Minister of Environment;
2.Exhaust gas reduction systems;
3.Low-emission engines.
(2)The Minister of Environment may subsidize some of the expenses incurred in technological development or manufacturing under paragraph (1) from the Special Account for Environmental Improvement.

Article 48 – Certification of manufactured motor vehicles

(1)If a motor vehicle manufacturer intends to manufacture a motor vehicle, he or she shall obtain certification from the Minister of Environment in advance that exhaust gases from the motor vehicle can be maintained in compliance with the permissible emission levels for manufactured motor vehicles (including permissible emission levels for low-emission motor vehicles, etc.; hereinafter the same shall apply) during the warranty period of exhaust gases: Provided, That the Minister of Environment may exempt or omit certification of motor vehicles prescribed by Presidential Decree.
(2)A motor vehicle manufacturer who intends to modify significant matters prescribed by Ministerial Decree of Environment among the contents of the certification for a motor vehicle certified under paragraph (1) shall obtain certification for such modification.
(3)A motor vehicle manufacturer who has obtained certification or certification for modification pursuant to paragraph (1) or (2) shall put a mark of certification or certification for modification on a motor vehicle that has been certified or certified for modification, as prescribed by Ministerial Decree of Environment.
(4)Matters necessary for application for certification, methods of and procedures for test necessary for certification, test fees, method of certification, exemption from and omission of certification, and method of marking certification, as provided for in paragraphs (1) through (3), shall be prescribed by Ministerial Decree of Environment.

Article 48-2 – Performance of testing affairs for certification by agencies

(1)If necessary for efficiently performing affairs of a test necessary for certification (hereinafter referred to as "test for certification") under Article 48, the Minister of Environment may designate a specialized institution to have it perform affairs of a test for certification on his or her behalf.
(2)Where a specialized institution designated pursuant to paragraph (1) (hereinafter referred to as "testing agency for certification") modifies important matters prescribed by Ministerial Decree of Environment, like human resources and facilities, among the designated matters, it shall file a report on modification to the Minister of Environment.
(3)A testing agency for certification and any person in charge of affairs of a test for certification shall not engage in the following activities:
1.Having another person perform affairs of a test for certification in its name;
2.Giving a test for certification by fraud or other improper means;
3.Violating the matters to be complied with, which are prescribed by Ministerial Decree of Environment in connection with a test for certification;
4.Giving a test for certification in violation of methods of and procedures for a test for certification under Article 48 (4).
(4)Standards and procedures for designation of a testing agency for certification and other matters necessary for affairs of certification shall be prescribed by Ministerial Decree of Environment.

Article 48-3 – Revocation of designation of testing agency for certification

Where a testing agency for certification falls under any of the following cases, the Minister of Environment may revoke the designation as the testing agency or order to suspend the whole or part of its service within a specified period not exceeding six months: Provided, That where it falls under subparagraph 1, he or she shall revoke such designation:
1.Where it has obtained the designation by fraud or other improper means;
2.Where it has committed any prohibited act stipulated under the subparagraphs of Article 48-2 (3);
3.Where it has failed to meet the standards for designation under Article 48-2 (4).

Article 48-4 – Imposition of penalty surcharges

(1)Where the Minister of Environment intends to suspend service under Article 48-3, he or she may impose a penalty surcharge not exceeding 50 million Korean won in lieu of such suspension, if such business suspension is deemed to cause serious inconvenience to the users and other interested persons or substantial hindrance to the public interest.
(2)The amount of penalty surcharges depending on the types, severity, etc. of a violation subject to penalty surcharges under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.
(3)Article 37 (4) and (5) shall apply mutatis mutandis to the collection and use of the penalty surcharges imposed under paragraph (1).

Article 49 – Transfer and acquisition of certification

Where a motor vehicle manufacturer has transferred the business or is deceased, or a motor vehicle manufacturer who is a corporation is merged with another company, the transferee and successor thereof, or the corporation which survives the merger or the corporation newly established through the merger shall succeed the rights and duties of the motor vehicle manufacturer, which result from the certification or certification for modification under Article 48.

Article 50 – Inspections of permissible emission levels for manufactured motor vehicles

(1)The Minister of Environment shall conduct an inspection, as prescribed by Presidential Decree, in order to ascertain whether exhaust gases from motor vehicles manufactured upon obtaining certification referred to in Article 48 meet the permissible emission levels for manufactured motor vehicles.
(2)Where a motor vehicle manufacturer has conducted an inspection in accordance with the methods and procedures for inspections prescribed by the Minister of Environment with human resources and equipment prescribed by Ministerial Decree of Environment, the Minister of Environment may omit the inspection referred to in paragraph (1), as prescribed by Presidential Decree.
(3)The Minister of Environment shall ascertain at an interval of period prescribed by Ministerial Decree of Environment whether motor vehicle manufacturers are appropriately managing their human resources and equipment required for conducting the inspection referred to in paragraph (2).
(4)The Minister of Environment may conduct an inspection using the facilities of motor vehicle manufacturers or at a separately designated place, as prescribed by Ministerial Decree of Environment, when specifically necessary for the inspection under paragraph (1).
(5)Expenses incurred in conducting an inspection under paragraphs (1) and (4) and Article 51 shall be borne by motor vehicle manufacturers.
(6)Detailed matters necessary for conducting inspections, such as the methods, procedures, etc. of inspections under paragraph (1), shall be determined and publicly notified by the Minister of Environment.
(7)The Minister of Environment may order the manufacturer of motor vehicles which have failed an inspection conducted under paragraph (1) to suspend the sale or release of the same model of motor vehicles as that of the motor vehicle, which is deemed to have been produced in the same conditions as those of the motor vehicle during the period prescribed by the Minister of Environment, and may order him or her to replace the exhaust gas-related parts in cases of the motor vehicles already sold.
(8)Notwithstanding paragraph (7), where the manufacturer of motor vehicles fails to perform an order to replace the exhaust gas-related parts or cannot correct the reason for failure of the inspection under paragraph (1) with the replacement of parts, the Minister of Environment may order the manufacturer of motor vehicles to replace, refund the payment of or repurchase the motor vehicles as prescribed by Presidential Decree.

Article 50-2 – Average emission quantities of motor vehicles

(1)A motor vehicle manufacturer shall manufacture the motor vehicles in such a manner that the average level of exhaust gases emitted from each model of motor vehicles (hereinafter referred to as "average emission quantity") meets the standards prescribed by the Minister of Environment (hereinafter referred to as "permissible average emission level").
(2)A manufacturer of motor vehicles subject to the application of permissible average emission levels under paragraph (1) shall prepare the performance record of average emission quantity of the previous year and submit it to the Minister of Environment by the end of February each year, as prescribed by Ministerial Decree of Environment.
(3)The scope of motor vehicles and motor vehicle manufacturers subject to the application of the permissible average emission levels under paragraph (1), method of calculating the average emission quantity and other necessary matters shall be prescribed by Ministerial Decree of Environment.

Article 50-3 – Redemption orders against motor vehicles manufacturers who has exceeded permissible average emission levels

(1)Where the average emission quantities of a motor vehicle manufacturer in the relevant year are in compliance with the permissible average emission levels, he or she may use the difference between those quantities and the permissible average emission level, up to the limit acknowledged by Ministerial Decree of Environment, for the period prescribed by Ministerial Decree of Environment from the following year.
(2)The Minister of Environment may order a motor vehicle manufacturer whose average emission quantities in the relevant year were in noncompliance of the permissible average emission level, to redeem those quantities that exceed the permissible quantity within the period prescribed by Ministerial Decree of Environment from the year in which such noncompliance took place.
(3)A motor vehicle manufacturer upon receipt of an order to make redemption under paragraph (2) (hereinafter referred to as "redemption order") shall prepare and submit to the Minister of Environment a plan to redeem the excess referred to in that paragraph (hereinafter referred to as "redemption plan") within two months from the date of the receipt of the redemption order.
(4)The method of calculating the difference and the excess referred to in paragraphs (1) through (3), the annually acknowledged scope, matters to be included in a redemption plan, and other necessary matters shall be prescribed by Ministerial Decree of Environment.

Article 51 – Inspections for confirmation and correction of defects

(1)A motor vehicle manufacturer shall be subject to inspections by the Minister of Environment as to whether exhaust gases emitted from in-use motor vehicles within the warranty period of exhaust gases meet the permissible emission levels (hereinafter referred to as "inspection for confirmation of defects").
(2)Matters necessary for the criteria for selecting motor vehicles subject to the inspections for confirmation of defects, method, procedure and standards of inspection, method of decision-making, inspection fees, etc. shall be prescribed by Ministerial Decree of Environment.
(3)The Minister of Environment shall, when prescribing Ministerial Decree of Environment as referred to in paragraph (2), consult with the heads of relevant central administrative agencies, and determine and announce each year motor vehicle models which are required to undergo the inspections for confirmation of defects in accordance with the criteria for selection as referred to in that paragraph.
(4)The Minister of Environment shall, when a motor vehicle subject to inspections is determined not to be in conformity with the permissible emission levels for manufactured motor vehicles as a result of the inspections for confirmation of defects and the motor vehicle manufacturer is deemed responsible for the cause thereof, issue an order for the correction of defects with respect to such motor vehicle model: Provided, That where the motor vehicle manufacturer admits the existence of defects before any determination is made from the inspections and attempts to directly correct such defects, the order for the correction of defects may be omitted.
(5)A motor vehicle manufacturer upon receipt of an order for the correction of defects or makes an attempt to directly correct the defects of a motor vehicle under paragraph (4) shall establish a plan for the correction of defects of the motor vehicle as prescribed by Ministerial Decree of Environment and implement such plan, obtaining the approval of the Minister of Environment, and report the results thereof to the Minister of Environment.
(6)Where the plan for the collection of defects is found not to have been implemented as a result of the examination of the report on the results of the correction of defects under paragraph (5), the Minister of Environment shall, when the person upon receipt of an order for the correction of defects or the person who made an attempt to directly correct defects is deemed responsible for the cause thereof, order such person again to correct the defects, within a specified period.
(7)Where a motor vehicle manufacturer fails to establish or submit a plan for the correction of defects under paragraph (5) or to obtain the approval of the Minister of Environment, such defects shall be deemed not to be corrected.
(8)Where a motor vehicle manufacturer fails to comply with an order to correct defects pursuant to the main clause of paragraph (4) or paragraph (6) or is deemed incapable of correcting them pursuant to paragraph (7), the Minister of Environment may order the motor vehicle manufacturer to replace, refund the payment of or repurchase the motor vehicles as prescribed by Presidential Decree.

Article 52 – Correction of defective parts

(1)Where exhaust gas-related parts determined by the Minister of Environment upon consultation with the Minister of Trade, Industry and Energy and the Minister of Land, Infrastructure and Transport, by Ministerial Decree of Environment (hereinafter referred to as "parts") fail to maintain normal functions, the owner or entity of the motor vehicle within the warranty period of exhaust gas-related parts may demand the relevant motor vehicle manufacturer to correct the defect.
(2)Upon receipt of request to correct a defect referred to in paragraph (1), the relevant motor vehicle manufacturer shall examine the request and correct the defect without delay: Provided, That the same shall not apply where the motor vehicle manufacturer verifies that the defect was not caused intentionally or by negligence by the motor vehicle manufacturer.
(3)Where a motor vehicle manufacturer who needs to correct a defective part pursuant to the main clause of paragraph (2) fails to correct the defective part without good cause, the Minister of Environment may issue an order to correct the relevant defect within the period prescribed by Ministerial Decree of Environment.

Article 53 – Reporting on and correction of defective parts

(1)Where the number or ratio of cases requiring the correction of defective parts under Article 52 (1) meets the requirements prescribed by Presidential Decree, a motor vehicle manufacturer shall report the current status of correction of defective parts and the current status of causal analysis of defects conducted within the warranty period of exhaust gases to the Minister of Environment, as prescribed by Presidential Decree: Provided, That the same shall not apply where the motor vehicle manufacturer gives a written notice to the Minister of Environment to the effect that he or she shall directly correct defects with respect to the parts of the same type produced in the same conditions as those of the parts for which a request for the correction of a defect has been filed under Article 52 (1).
(2)Where the number or ratio of cases requiring the correction of defective parts under Article 52 (1) fails to meet the requirements prescribed by Presidential Decree, a motor vehicle manufacturer shall report the current status of correction of defective parts made within the warranty period of exhaust gases to the Minister of Environment by January 31 each year, as prescribed by Ministerial Decree of Environment.
(3)Where the number of cases of defective parts or the ratio of defects meets the requirement prescribed by Presidential Decree, the Minister of Environment shall order the relevant motor vehicle manufacturer to correct the defective parts within the period prescribed by Ministerial Decree of Environment: Provided, That the same shall not apply where the motor vehicle manufacturer verifies that the motor vehicles are maintained in conformity with the permissible emission levels for manufactured motor vehicles during the warranty period of exhaust gases in spite of such defective parts.
(4)A motor vehicle manufacturer that intends to correct defects pursuant to the proviso of paragraph (1) and the main clause of paragraph (3) shall establish a plan for the correction of defects of the motor vehicle as prescribed by Ministerial Decree of Environment and implement such plan after obtaining the approval of the Minister of Environment, and report the results thereof to the Minister of Environment.
(5)Where the plan for the correction of defects is found not to have been implemented as a result of the examination of the report on the results of the correction of defects under paragraph (4), the Minister of Environment shall, when the person upon receipt of an order for the correction of defects or the person who made an attempt to directly correct defects is deemed responsible for the cause thereof, order such person again to correct the defects, within a specified period.
(6)Where a motor vehicle manufacturer fails to establish or submit a plan for the correction of defects under paragraph (4) or fails to obtain the approval of the Minister of Environment, he or she shall be deemed incapable of correcting such defects.
(7)Where a motor vehicle manufacturer fails to comply with an order to correct defects pursuant to the main clause of paragraph (3) or paragraph (5) or is deemed incapable of correcting such defects pursuant to paragraph (6), the Minister of Environment may order the motor vehicle manufacturer to replace, refund the payment of or repurchase the motor vehicles as prescribed by Presidential Decree.

Article 54 – Installation and operation of computer networks for management of information on exhaust gases from motor vehicles

The Minister of Environment may establish and operate a computer network linked to an electronic data processing system established under Article 69 of the Motor Vehicle Management Act (hereinafter referred to as "comprehensive computer system for exhaust gases from motor vehicles") to collect and manage data on exhaust gases from motor vehicles, as prescribed by Ministerial Decree of Environment.

Article 55 – Revocation of certification

The Minister of Environment may revoke certification in any of the following cases: Provided, That in cases falling under subparagraph 1 or 2, he or she shall revoke the certification:
1.Where the certification is obtained by fraud or other improper means;
2.Where a manufactured motor vehicle is unable to conform to the permissible emission levels for manufactured motor vehicles due to a serious defect, even after improvement;
3.Where an order to suspend sale or release of motor vehicles issued under Article 50 (7) is violated;
4.Where an order to correct defects issued under Article 51 (4) or (6) is not carried out.

Article 56 – Disposition to impose penalty surcharges

(1)Where a motor vehicle manufacturer falls under any of the following cases, the Minister of Environment may impose on the motor vehicle manufacturer a penalty surcharge up to the amount multiplying his or her sales by 5/100. In such cases, the amount of penalty surcharge shall not exceed fifty billion won:
1.Where the motor vehicle manufacturer manufactures and sells motor vehicles without obtaining certification, in violation of Article 48 (1);
2.Where certification or certification for modification pursuant to Article 48 is obtained by fraud or other improper means;
3.Where the motor vehicle manufacturer manufactures and sells motor vehicles differently from the details of certification obtained under Article 48 (1).
(2)The penalty surcharge in paragraph (1) shall be imposed as prescribed by Presidential Decree, in consideration of types of violation and levels of increase or decrease of exhaust gases, etc.
(3)Article 37 (4) and (5) shall apply mutatis mutandis to the collection and use of penalty surcharges imposed under paragraph (1).

Article 57 – Permissible emission levels for in-use motor vehicles

The owner of a motor vehicle (including motorcycles among the motor vehicles as defined in subparagraph 13 (a) of Article 2 but excluding motorcycles prescribed by Ministerial Decree of Environment, such as electric motorcycles) shall operate his or her motor vehicle or ensure that his or her motor vehicle operates to emit exhaust gases, in compliance with the permissible emission levels for in-use motor vehicles prescribed by Ministerial Decree of Environment (hereinafter referred to as "permissible emission levels for in-use motor vehicles").

Article 57-2 – Prohibition of removal of exhaust gas-related parts

No one shall remove, damage, dismantle, alter, or randomly set exhaust gas-related parts of motor vehicles, conduct any act that undermines the functions or performance of such parts by failing to use catalysts (referring to urea water, etc.; hereinafter the same shall apply) or using less catalysts, or demand such act: provided, that this shall not apply in any of the following cases:
1.Where he or she intends to inspect, maintain, or tune a motor vehicle (referring to the tuning under Article 34 of the Motor Vehicle Management Act);
2.Where he or she intends to scrap motor vehicles;
3.Where such parts are used for educational and research purposes, or any ground prescribed by Ministerial Decree of Environment exists.

Article 58 – Operation of low-emission motor vehicles

(1)Where deemed necessary to improve air quality or reduce the emission of climate/ecosystem-changing substances in the district under his or her jurisdiction, a Mayor/Do Governor or the head of a Si/Gun may order the owners of motor vehicles or construction machinery which satisfy the requirements prescribed by Ministerial Decree of Environment for the life span, the emission levels of air pollutants or climate/ecosystem-changing substances, etc., among the in-use motor vehicles or construction machinery in such district, to take any of the following measures with respect to the motor vehicles or construction machinery, or recommend the early scrapping thereof, as prescribed in ordinance of the relevant City/Do or Si/Gun:
1.Conversion or remodeling into low-emission motor vehicles or low-emission construction machinery;
2.Installation or replacement of exhaust gas reduction systems, or replacement of exhaust gas-related parts;
3.Conversion into or replacement with low-emission engines (including dual fuel engines).
(2)The owner of a motor vehicle, the warranty period of exhaust gas-related parts of which has lapsed, may install or replace the exhaust gas reduction system or convert its engine to, or replace it with, a low-emission engine so that the exhaust gases emitted from the motor vehicle can be maintained within the permissible emission levels for in-use motor vehicles referred to in Article 57.
(3)The State or local governments may provide any of the following persons with necessary subsidies or loans within the budget in order to facilitate the supply and distribution of low-emission motor vehicles and low-emission construction machinery, installation or replacement of exhaust gas reduction systems, and conversion into or replacement with low-emission engines:
1.A person who purchases a low-emission motor vehicle or low-emission construction machinery. In such cases, subsidies and loans may be granted differentially in accordance with the criteria prescribed by Ministerial Decree of Environment, such as whether it is purchased from a motor vehicle seller under Article 58-2 (1) and its sales price;
1-2.A person who remodels his or her motor vehicle into a low-emission motor vehicle or low-emission construction machinery;
2.A person who installs any of the following fueling facilities for low-emission motor vehicles or low-emission construction machinery:
(a)Facilities for supplying natural gas to motor vehicles or construction machinery using natural gas as fuel, which are prescribed by the Minister of Environment;
(b)Electricity-charging facilities for motor vehicles or construction machinery using electricity as fuel (hereinafter referred to as "electric vehicles, etc."), which are determined by the Minister of Environment;
(c)Hydrogen-charging facilities for motor vehicles or construction machinery using hydrogen as fuel (hereinafter referred to as "hydrogen electric vehicles"), which are determined by the Minister of Environment (hereinafter referred to as "hydrogen fuel supply facility");
(d)Any other facilities that supply fuel to low-emission motor vehicles or low-emission construction machinery, such as solar energy, which are prescribed by the Minister of Environment;
3.A person who installs exhaust gas reduction systems to his or her motor vehicle or construction machinery or replace them, or convert the engine of his or her motor vehicle or construction machinery into, or replace it with, a low-emission engine under paragraph (1) or (2);
4.A person who replaces exhaust gas-related parts of motor vehicles or construction machinery under paragraph (1);
5.A person who early scraps his or her motor vehicle or construction machinery as recommended under paragraph (1);
6.Any other person who purchases a motor vehicle or construction machinery determined and publicly notified by the Minister of Environment with a very small amount of exhaust gas levels.
(4)With respect to the owner of a motor vehicle or construction machinery who is subsidized for expenses under paragraph (3) 1, 1-2, 3, 4, or 6 (including a person who receives the ownership transferred by the relevant owner; hereafter in this Article referred to as "owner"), the Minister of Environment may set a period for compulsory operation of the relevant motor vehicle or construction machinery within the period prescribed by Ministerial Decree of Environment.
(5)Where an owner intends to cancel the registration of his or her motor vehicle or construction machinery for the purposes of scrapping, exporting, etc. of the motor vehicle or construction machinery (excluding where an owner intends to replace the engine of his or her construction machinery with an electric motor in order to export the electric vehicle), he or she shall return the following devices, parts, etc. to the head of the relevant local government, as prescribed by Ministerial Decree of Environment. In such cases, the State or the relevant local government may partially subsidize expenses incurred in returning the devices, parts, etc. within the budget:
1.Installed or replaced exhaust gas reduction system;
2.Converted or replaced low-emission engine;
3.Deleted.
(6)Notwithstanding paragraph (5), an owner may pay the amount equivalent to the residual value of the devices or parts referred to in subparagraphs 1 and 2 of that paragraph in cash, as prescribed by Ministerial Decree of Environment.
(7)The Minister of Environment or the head of a local government shall reuse or recycle the exhaust gas reduction systems returned under paragraph (5).
(8)Where exhaust gas reduction systems, etc. returned under paragraph (5) fall under the grounds prescribed by Ministerial Decree of Environment as deemed impossible to reuse or recycle them, the Minister of Environment or the head of a local government shall sell them.
(9)The amount imposed under paragraph (6) and the proceeds from sales as prescribed in paragraph (8) shall be accounted as the revenue of the Special Account for Environmental Improvement under the Framework Act on Environmental Policy, and may be appropriated for the expenses prescribed by Ministerial Decree of Environment, such as subsidies referred to in paragraph (3) and funds for research and development projects of low-emission motor vehicles.
(10)Where an owner fails to fulfill the period for compulsory operation set under paragraph (4), the Minister of Environment or the head of the competent local government may recover some of the subsidies provided under paragraph (3), as prescribed by Ministerial Decree of Environment.
(11)The owner of a low-emission motor vehicle or low-emission construction machinery, or a motor vehicle or construction machinery that installs an exhaust gas reduction system or converts or replaces the existing engine into or with a low-emission engine under paragraph (1) (hereafter in this Article referred to as "low-emission motor vehicle, etc.") may file an application with the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun for issuing a mark certifying the low-emission motor vehicles, etc.
(12)Where an application for certification is filed under paragraph (11), the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun may review whether the relevant motor vehicle or construction machinery is a low-emission motor vehicle, etc. to issue a certification mark, and the owner of a low-emission motor vehicle, etc. may have the low-emission motor vehicle, etc. bear such certification mark issued.
(13)The Minister of Environment, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall formulate policies for supporting a motor vehicle or construction machinery attached with a certification mark issued under paragraph (12), such as reduction of or exemption from parking fees.
(14)A local government may assign Korea Automobile Environmental Association established under Article 78 to take procedures necessary for subsidization of expenses under paragraph (3) 5 on its behalf.
(15)Korea Automobile Environmental Association that takes procedures necessary for subsidization of expenses under paragraph (14) on behalf of local governments shall require the motor vehicle dismantlers who have achieved a high recycling rate of scrapping motor vehicles under Article 25 (1) of the Act on Resource Circulation of Electrical and Electronic Equipment and Vehicles to preferentially allocate the scrapping of the motor vehicles of a person provided with a subsidy under paragraph (3), as prescribed by the Minister of Environment.
(16)In order to manage the information on the fuel supply facilities for low-emission motor vehicles defined in subparagraph 16 (a) of Article 2 and low-emission construction machinery defined in subparagraph 16-2 (a) of Article 2, the Minister of Environment may establish and operate a computer network, as prescribed by Ministerial Decree of Environment.
(17)The Minister of Environment may request that relevant administrative agencies and public institutions referred to in Article 4 of the Act on the Management of Public Institutions provide data necessary for installing and operating the computer network under paragraph (16). In such cases, upon receipt of such request, the head of a relevant administrative agency or public institution shall comply therewith, unless there is a compelling reason not to do so.
(18)The Minister of Environment may install and operate the charging facilities for electric vehicles, etc. referred to in paragraph (3)2 (b) to promote the supply and distribution of electric vehicles among low-emission motor vehicles and low-emission construction machinery, etc. as prescribed by Ministerial Decree of Environment.
(19)The Minister of Environment may evaluate the performance of electric vehicles, etc. to select a person eligible for subsidies or loans under paragraph (3), as prescribed by Ministerial Decree of Environment.

Article 58-2 – Supply of low-emission motor vehicles

(1)The Minister of Environment shall separately determine an annual target for low-emission motor vehicles to be supplied (hereinafter referred to as “annual target for the distribution of low-emission motor vehicles) by a person who manufactures or imports motor vehicles to sell them (hereinafter referred to as “motor vehicle seller”) in a quantity not less than the quantity prescribed by Presidential Decree (including where motor vehicles are sold by means of entrustment, etc.) in consultation with the heads of the relevant central administrative agencies like the Ministry of Trade, Industry and Energy, and shall publicly notify such targets.
(2)When the Minister of Environment determines an annual target for the distribution of low-emission motor vehicles under paragraph (1) to promote the supply of a motor vehicle prescribed by Presidential Decree which emits no air pollutants (hereinafter referred to as "zero-emission motor vehicle"), among low-emission motor vehicles, he or she may separately determine an annual target for zero-emission motor vehicles to be supplied by a motor vehicle seller.
(3)When the Minister of Environment determines an annual target for the distribution of low-emission motor vehicles under paragraphs (1) and (2), he or she shall consider the current status of developing low-emission motor vehicles, motor vehicle sales, etc.
(4)A motor vehicle seller shall prepare an annual plan for supplying low-emission motor vehicles every year in accordance with the annual target for the distribution of low-emission motor vehicles and obtain approval of such plan from the Minister of Environment.
(5)A motor vehicle seller shall supply low-emission motor vehicles in accordance with the plan for supplying low-emission motor vehicles that is approved under paragraph (4) and submit the records thereof to the Minister of Environment.
(6)Matters necessary for methods of preparing a plan for supplying low-emission motor vehicles, approval procedures, and submission of the records of supply under paragraphs (4) and (5) shall be prescribed by Ministerial Decree of Environment.

Article 58-3 – Transfer or trade of records of supply of low-emission motor vehicles

(1)Where records of the supply of low-emission or zero-emission motor vehicles exceed the targets under Article 58-2 (1) and (2), the relevant motor vehicle seller may transfer such surplus starting from the following year to the period prescribed by Ministerial Decree of Environment or trade the surplus with other motor vehicle sellers.
(2)Where a motor vehicle seller has a record of contributing to the supply of low-emission motor vehicles, such as the installation and operation of facilities for charging zero-emission motor vehicles or the stock of zero-emission motor vehicles that remain unsold after they are produced or imported, a motor vehicle seller may file an application with the Minister of Environment for converting such record to the record of the supply of low-emission motor vehicles.
(3)Matters regarding transfer or trade of surplus under paragraphs (1) and (2), methods, etc. to acknowledge the records of contributing to the supply of low-emission motor vehicles shall be determined and publicly notified by the Minister of Environment.
[Previous Article 58-3 moved to Article 58-5 ]

Article 58-4 – Contributions for distribution of low-emission motor vehicles

(1)The Minister of Environment may impose and collect contributions for the distribution of low-emission motor vehicles (hereinafter referred to as "contributions") on and from motor vehicle sellers who fail to attain the annual targets for the distribution of low-emission motor vehicles (hereinafter referred to as "persons liable to pay contributions") within the scope not exceeding 1/100 of the sales prescribed by Presidential Decree. In such cases, a person liable to pay contributions shall make such payment to an institution designated by the Minister of Environment, among non-profit corporations under Article 32 of the Civil Act.
(2)The contributions shall be used for projects to accelerate the distribution of low-emission motor vehicles, such as for the installation and operation of facilities for charging zero-emission motor vehicles.
(3)Where a person liable to pay contributions fails to do so by the deadline for payment, the Minister of Environment shall collect additional charges prescribed by Presidential Decree for the period from the date following the deadline for payment until the date of payment. In such cases, the additional charges shall not exceed 3/100 of the contributions in arrears.
(4)Where a person liable to pay contributions fails to make payment by the deadline for payment, the Minister of Environment shall demand the payment for a specified period of at least 30 days; and if he or she fails to pay the contributions and the additional charges referred to in paragraph (3) within the period, they may be collected in the same manner as delinquent national taxes.
(5)Where a person liable to pay contributions pays the contributions and additional charges at the same time under Article 76-6, the Minister of Environment may reduce the amount of the contributions, as prescribed by Presidential Decree.
(6)Matters necessary for the standards, procedures, etc. for imposing contributions shall be prescribed by Presidential Decree.
[Previous Article 58-4 moved to Article 58-6 ]

Article 58-5 – Purchase or rental of low-emission motor vehicles

(1)Where the following institutions that have motor vehicles in an quantity not less than the quantity prescribed by Presidential Decree newly purchase or rent motor vehicles, they shall purchase or rent low-emission motor vehicles at a ratio not lower than that prescribed by Ministerial Decree of Environment:
1.A State agency;
2.A local government;
3.A public institution prescribed by Presidential Decree.
(2)Where a person other than a State agency, local government, or public institution under paragraph (1) (hereinafter referred to as "State agency, etc.") that have motor vehicles in a quantity not less than the quantity prescribed by Ministerial Decree of Environment newly purchases or rents motor vehicles, the Minister of Environment may recommend it to preferentially purchase or rent low-emission motor vehicles.
(3)The State or a local government may provide financial support necessary for purchasing or renting low-emission motor vehicles to a person who purchases or rents low-emission motor vehicles.
[Moved from Article 58-3; previous Article 58-5 moved to Article 58-7 ]

Article 58-6 – Plans for purchasing or renting low-emission motor vehicles

(1)Where the heads of State agencies, etc. intend to newly purchase or rent motor vehicles, they shall submit plans for purchasing or renting low-emission motor vehicles (hereinafter referred to as "purchase or rental plans") for the relevant fiscal year to the Minister of Environment not later than the commencement of the fiscal year.
(2)Upon receipt of purchase or rental plans submitted by the heads of State agencies, etc., the Minister of Environment shall publish such plans without delay.
[Moved from Article 58-4; previous Article 58-6 moved to Article 58-8 ]

Article 58-7 – Records of purchasing or renting low-emission motor vehicles

(1)The heads of State agencies, etc. shall submit to the Minister of Environment the records of purchasing or renting low-emission motor vehicles under the purchase or rental plans within two months after the end of each fiscal year.
(2)Where the heads of State agencies, etc. submit the records of purchasing or renting low-emission motor vehicles under paragraph (1), the Minister of Environment shall publish such records without delay.
[Moved from Article 58-5; previous Article 58-7 moved to Article 58-9 ]

Article 58-8 – Request for cooperation to facilitate purchase or rental of low-emission motor vehicles

Where deemed necessary for facilitating the purchase or rental of low-emission motor vehicles, the Minister of Environment may request the heads of State agencies, etc. to take necessary measures, such as the inclusion of the records of purchasing or renting low-emission motor vehicles in performance evaluation items. In such cases, the heads of State agencies, etc. in receipt of such request shall comply therewith unless there is a compelling reason not to do so.[Moved from Article 58-6 ]

Article 58-9 – Provision of information related to low-emission motor vehicles

The Minister of Environment may provide information related to the release of low-emission motor vehicles to the heads of State agencies, etc. or conduct publicity activities to facilitate the purchase or rental of such vehicles.[Moved from Article 58-7 ]

Article 58-10 – Establishment of plans for placement of hydrogen fuel supply facilities

(1)The Minister of Environment shall establish a plan to place hydrogen fuel supply facilities (hereinafter referred to as "placement plan"), for the efficient installation of hydrogen fuel supply facilities, in consideration of the following:
1.Regional allocation of hydrogen fuel supply facilities;
2.Records of and plans for the distribution of hydrogen electric vehicles;
3.Accessibility of hydrogen electric vehicles to users;
4.Volume of traffic;
5.Other matters prescribed by Ministerial Decree of Environment as necessary to establish placement plans.
(2)When establishing a placement plan, the Minister of Environment shall undergo deliberations by the Hydrogen Economy Committee under Article 6 of the Hydrogen Economy Promotion and Hydrogen Safety Management Act, following prior consultations with the head of a relevant central administrative agency, the Mayor/Do Governor, and the head of a Si/Gun/Gu.
(3)If necessary to establish a placement plan, the Minister of Environment may request that the head of a relevant central administrative agency, the Mayor/Do Governor or the head of a Si/Gun/Gu provide related data. In such cases, the head of the relevant institution, upon receipt of such request, shall comply therewith, unless there is a compelling reason not to do so.
(4)The Minister of Environment shall disclose the placement plan on the website of the Ministry of Environment and notify such fact to the head of a relevant central administrative agency, the Mayor/Do Governor, and the head of a Si/Gun/Gu.
(5)Except as provided in paragraphs (1) through (4), matters necessary for the establishment of a placement plan, deliberations, disclosure, etc. shall be prescribed by Ministerial Decree of Environment.

Article 58-11 – Approval of plans to install hydrogen fuel supply facilities

(1)A person who intends to install a hydrogen fuel supply facility shall prepare a plan for the installation thereof (hereinafter referred to as "installation plan") and obtain the approval of the Minister of Environment, as prescribed by Presidential Decree.
(2)An installation plan shall include the following:
1.Name or title of a person who intends to install the hydrogen fuel supply facility;
2.Matters regarding sites for installation, such as the location and area of the hydrogen fuel supply facility;
3.Matters regarding facilities including the capacity and supply methods of the hydrogen fuel supply facility;
4.Other matters prescribed by Presidential Decree necessary to obtain approval under paragraph (1).
(3)Where a person who installs a hydrogen fuel supply facility intends to modify any important matter prescribed by Presidential Decree in the installation plan approved under paragraph (1), he or she shall obtain approval for such modification.
(4)Where the Minister of Environment intends to grant approval or approval for modification pursuant to paragraph (1) or (3), the Minister shall take into account consistency between a placement plan and an installation plan, and hold prior consultations with the head of the relevant administrative agency.
(5)Except as provided in paragraphs (1) through (4), approval for an installation plan and approval for modification thereof, consultation with the head of a relevant administrative agency and other necessary matters shall be prescribed by Presidential Decree.

Article 58-12 – Legal fiction of authorization or permission

(1)Where the Minister of Environment has granted approval for an installation plan or approval for modification thereof pursuant to Article 58-11 (1) or (3), with respect to the following permission, reporting, designation, authorization, consultation, etc. (hereinafter referred to as “authorization, permission, etc.”) which are consulted with the heads of relevant administrative agencies pursuant to paragraph (3) of this Article, the relevant authorization, permission, etc. shall be deemed granted:
1.Building permission or permission for modification under Articles 11 and 16 of the Building Act; building permission for temporary buildings or reporting on construction under Article 20 (1) and (3) of that Act; or erection of structures under Article 83 of that Act;
2.Permission for manufacturing high-pressure gas or permission for modification under Article 4 of the High-Pressure Gas Safety Control Act;
3.Permission for development activities under Article 56 of the National Land Planning and Utilization Act; designation of implementers of urban or Gun planning facility projects under Article 86 of that Act; and authorization of an implementation plan under Article 88 of that Act;
4.Permission for, and reporting on, the conversion of mountainous districts under Articles 14 and 15 of the Mountainous Districts Management Act; and permission for, or reporting on, temporary use of mountainous districts under Article 15-2 of that Act: Provided, That in cases of preserved mountainous districts, only urban areas under the National Land Planning and Utilization Act shall apply;
5.Permission for, and reporting or consultation on, the conversion of farmland under Articles 34, 35, and 43 of the Farmland Act;
6.Permission for road works granted to a person, other than the road management authority under Article 36 of the Road Act; permission for connection of roads with other facilities under Article 52 (1) of that Act; and permission to occupy and use roads under Article 61 of that Act;
7.Permission for occupation and use of rivers under Article 33 of the River Act;
8.Reporting on the installation of a drainage system under Article 27 of the Sewerage Act; and reporting on the installation of private sewage treatment facilities under Article 34 (2) of that Act;
9.Filing an application for water supply pursuant to ordinance of the competent local government pursuant to Article 38 of the Water Supply and Waterworks Installation Act, if the waterworks business entity is the local government;
10.Authorization of, or reporting on, plans for works for establishing electric installations for private use under Article 8 of the Electrical Safety Management Act;
11.Permission for, or reporting on, the installation of facilities for discharging water pollutants under Article 33 of the Water Environment Conservation Act;
12.Permission for, or reporting on, the installation of facilities for discharging air pollutants under Article 23;
13.Permission for, or reporting on, the installation of facilities generating noise or vibration under Article 8 of the Noise and Vibration Control Act;
14.Permission to occupy and use urban parks under Article 24 of the Act on Urban Parks and Green Areas.
(2)A person who intends to be deemed to have obtained permission or permission for modification under paragraph (1) shall submit relevant documents prescribed by relevant statutes to the Minister of Environment when he or she files an application for approval or approval for modification under Article 58-11 (1) and (3).
(3)Where the Minister of Land, Infrastructure and Transport intends to grant approval or approval for modification under Article 58-11 (1) and (3), the Minister shall hold prior consultations with the head of the relevant administrative agency by submitting relevant documents under paragraph (2). In such cases, the head of the relevant administrative agency shall submit his or her opinions within 20 days from the date of receipt of requests for consultations, and if no opinions are submitted within that period, such consultations shall be deemed held.
(4)Where the Minister of Environment grants approval or approval for modification under Article 58-11 (1) and (3), the Minister shall make notice of it to the head of the relevant administrative agency pursuant to paragraph (3) of this Article without delay.
(5)Where permission or permission for modification is deemed granted under other statutes pursuant to paragraph (1), fees or use fees imposed pursuant to relevant statutes or municipal ordinances shall be exempted.

Article 59 – Restriction on engine idling

(1)If deemed necessary for preventing air pollution caused by motor vehicle exhaust gases and fuel loss, the Mayor/Do Governor may restrict the parking or stopping of the motor vehicle with its engine on at a terminal, garage, parking lot, etc., as prescribed by ordinance of the relevant City/Do.
(2)The Mayor/Do Governor may issue an order to install idle-stop-and-go system to motor vehicles prescribed by Ministerial Decree of Environment, including those for public transportation, as prescribed by ordinance of the relevant City/Do.
(3)The State or a local government may provide a subsidy or loan within the budget to the owners of motor vehicles upon receipt of an order to install an engine-idling control device and go system under paragraph (2).

Article 60 – Certification of exhaust gas reduction systems and idle-stop-and-go system

(1)A person who intends to manufacture or import any exhaust gas reduction system, low-emission engine, or idle-stop-and-go system shall obtain the certification from the Minister of Environment that such device or engine can be maintained in compliance with the reduction efficiency or standards prescribed by Ministerial Decree of Environment for the warranty period of such device or engine: Provided, That such certification is not required if the relevant person has obtained the certification of the manufactured motor vehicles after installing an exhaust gas reduction system, low-emission engine, or idle-stop-and-go system in the manufacturing process.
(2)Where a person who has obtained certification under paragraph (1) intends to modify any certified matters, he or she shall obtain certification for such modification.
(3)Deleted.
(4)In cases falling under subparagraph 1, the Minister of Environment must revoke the certification: Provided, That in cases falling under subparagraphs 2 and 3, he or she may revoke the certification:
1.Where the certification is obtained by fraud or other improper means;
2.Where the reduction efficiency or standards referred to in paragraph (1) cannot be maintained or complied with due to a defect in the exhaust gas reduction system, low-emission engine, or idle-stop-and-go system even after improvement;
3.Where the findings of an inspection under Article 60-4 indicate that the certification standards are not maintained.
(5)A person who intends to obtain certification or certification for modification under paragraph (1) or (2) shall pay fees, as prescribed by Ministerial Decree of Environment.
(6)No person shall supply or sell any exhaust gas reduction system, low-emission engine, or idle-stop-and-go system without certification under paragraph (1), or display, keep, or store them for the purpose of supply or sale.
(7)The Minister of Environment may order a person who intends to manufacture, import, supply, or sell any exhaust gas reduction system, low-emission engine, or idle-stop-and-go system without certification under paragraph (1) to take necessary measures, such as recalling or destroying the products within a specified period, as prescribed by Ministerial Decree of Environment.
(8)No sales broker or purchasing agent of any exhaust gas reduction systems, low-emission engines, or idle-stop-and-go systems shall broker the sale of, or act as an agent to purchase, any products without certification granted under paragraph (1) (excluding cases where a mail order broker defined in the Act on the Consumer Protection in Electronic Commerce has deleted the posting of the relevant product immediately upon discovering it in his or her online shopping mall and taken technical measures to enable consumers to check such information; hereinafter the same shall apply).
(9)No one shall use any exhaust gas reduction systems, low-emission engines, or idle-stop-and-go systems without certification under paragraph (1).
(10)Matters necessary for application for, and testing, standards, and method of certification and others under paragraph (1) shall be prescribed by Ministerial Decree of Environment.

Article 60-2 – Management of exhaust gas reduction systems

(1)The owner of a motor vehicle for which the measures prescribed in Article 58 (1) or (2) are taken shall obtain verification on maintaining performance as to whether the exhaust gas reduction system installed or replaced in his or her motor vehicle or the low-emission engine converted or replaced, as prescribed by Ministerial Decree of Environment, maintains its performance in conformity with the reduction efficiency referred to in Article 60 (1) within 15 days before or after the date two months lapse after such measures have been taken: Provided, That he or she shall be deemed to have obtained the verification on maintaining performance if maintaining the performance of exhaust gas reduction system or low-emission engine can be verified through the comprehensive computer system for exhaust gases from motor vehicles.
(2)Methods of verifying maintaining performance under paragraph (1), verifying agencies, and other necessary matters shall be prescribed by Ministerial Decree of Environment.
(3)A motor vehicle for which verification is obtained as to maintaining performance under paragraph (1) may be exempt from a regular inspection of exhaust gases prescribed in Article 62 (1) and a sophisticated inspection of exhaust gases prescribed in Article 63 (1) for three years from the date the measures prescribed in Article 58 (1) or (2) are taken.
(4)The owner of a motor vehicle who has taken measures under Article 58 (1) or (2) shall comply with the matters prescribed by Ministerial Decree of Environment, such as an inspection of an exhaust gas reduction system, to maintain the performance of the exhaust gas reduction system or low-emission engine.
(5)If the owner of a motor vehicle fails to comply with any matter to be complied with under paragraph (4), the competent Mayor/Do Governor may order him or her to take necessary measures to comply therewith under paragraph (4), such as an inspection of the exhaust gas reduction system.
(6)A person who intends to manufacture, supply, or sell an exhaust gas reduction system or a low-emission engine shall inspect the performance of an exhaust gas reduction system attached to a motor vehicle or a motor vehicle remodeled with a low-emission engine and shall submit the results of such inspection to the Minister of Environment and a Mayor/Do Governor: Provided, That the results of an inspection need not be submitted where verification as to whether the performance of an exhaust gas reduction system is maintained is possible through the comprehensive computer system for exhaust gases from motor vehicles.

Article 60-3 – Verification inspections for reduction efficiency of exhaust gas reduction system

(1)The Minister of Environment may inspect whether the exhaust gas reduction systems installed or replaced in motor vehicles or the low-emission engine converted or replaced maintains its performance in conformity with the reduction efficiency for the warranty period referred to in the main clause of Article 60(1).
(2)Matters necessary for the standards for selecting devices or engines subject to inspections under paragraph (1), method of, and procedure and standards for inspections, method of making determinations, inspection fees, etc. shall be prescribed by Ministerial Decree of Environment.

Article 60-4 – Spot inspections of exhaust gas reduction systems

(1)The Minister of Environment may conduct a spot inspection as to whether an exhaust gas reduction system or a low-emission engine certified under Article 60 (1) can maintain certification standards before it is attached to a motor vehicle or remodeled with a low-emission engine.
(2)Matters necessary for subjects, methods, procedures, etc. of conducting inspections under paragraph (1) shall be prescribed by Ministerial Decree of Environment.

Article 61 – Spot inspections of in-use motor vehicles

(1)The Minister of Environment, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, and the head of a Si/Gun/Gu shall occasionally conduct a checkup on motor vehicles on the road, at the parking lot, etc. to verify whether the exhaust gases from the motor vehicles are in conformity with the permissible emission levels for in-use motor vehicles under Article 57.
(2)Motor vehicle operators shall cooperate in checkups referred to in paragraph (1) and shall not refuse, evade or interfere therewith.
(3)Matters necessary for the method, etc. of conducting checkups referred to in paragraph (1) shall be prescribed by Ministerial Decree of Environment.

Article 62 – Regular inspections of exhaust gases from in-use motor vehicles

(1)The owner of a motor vehicle (excluding motorcycles under Article 3 (1) 5 of the Motor Vehicle Management Act (hereinafter referred to as "motorcycles"); hereafter in this paragraph, the same shall apply) shall undergo a regular inspection of exhaust gases from in-use motor vehicles conducted at regular intervals to verify whether the motor vehicle exhaust gases comply with the permissible emission levels for in-use motor vehicles determined under Article 43 (1)2 of the Motor Vehicle Management Act and Article 13 (1) 2 of the Construction Machinery Management Act: Provided, That motor vehicles prescribed by Ministerial Decree of Environment among low-emission motor vehicles and motor vehicles subject to sophisticated inspections under Article 63 shall be excluded from the subject matter of a regular inspection of exhaust gases in the relevant year.
(2)The owner of a motorcycle shall undergo a regular inspection of exhaust gases (hereinafter referred to as "motorcycle regular inspection") by the Minister of Environment at regular intervals to verify whether the exhaust gases emitted from the relevant motorcycle comply with the permissible emission levels for in-use motor vehicles, as prescribed by Ministerial Decree of Environment: Provided, That electric motorcycles and other motorcycles prescribed by Ministerial Decree of Environment shall be excluded from the subjects of a motorcycle regular inspection.
(3)Where the owner of a motorcycle is deemed unable to undergo a motorcycle regular inspection due to a natural disaster or any other inevitable reason, the Minister of Environment may extend the inspection period of the relevant motorcycle or suspend the regular inspection thereof, as prescribed by Ministerial Decree of Environment.
(4)The Minister of Environment may order the owner of a motorcycle who has failed to undergo a motorcycle regular inspection to pass the inspection, as prescribed by Ministerial Decree of Environment.
(5)A person who intends to undergo a motorcycle regular inspection under paragraph (2) shall pay a fee determined by an agency for regular inspections of motorcycles under Article 62-2 (1) or by a designated maintenance business entity under Article 62-3.
(6)Matters necessary for the method of conducting regular inspections of exhaust gases under paragraph (1) and regular inspections of motorcycles (hereinafter referred to as "regular inspection"), subject-matter for inspection, and inspection capabilities of inspection institutions, motor vehicles subject to inspection, frequency of inspection, etc. respectively, shall be prescribed by Ministerial Decree of Environment according to each type of motor vehicle.
(7)The Minister of Environment shall consult with the Minister of Land, Infrastructure and Transport when drafting Ministerial Decree of Environment as referred to in paragraph (6): Provided, That the same shall not apply where he or she determines matters related to the regular inspections of motorcycles.
(8)The Minister of Environment may request data on the findings from regular inspections of exhaust gases conducted under paragraph (1) from the Minister of Land, Infrastructure and Transport. In such cases, the Minister of Land, Infrastructure and Transport shall comply therewith, unless there is a compelling reason not to do so.

Article 62-2 – Agency performance of regular inspections of motorcycles

(1)Where necessary to efficiently conduct regular inspections of motorcycles, the Minister of Environment may allow a specialized institution prescribed by Presidential Decree to conduct regular inspections of motorcycles on his or her behalf.
(2)Matters necessary for the facilities, equipment, human resources, etc. that an agency for regular inspections of motorcycles should be equipped with under paragraph (1) shall be prescribed by Ministerial Decree of Environment.

Article 62-3 – Designation of designated maintenance business entities

(1)Where deemed necessary to efficiently conduct regular inspections of motorcycles, the Minister of Environment may designate persons equipped with certain facilities and technical personnel, from among motor vehicle maintenance service providers, as designated maintenance business entities and allow them to perform the affairs related to regular inspections (including notification of the results thereof).
(2)A motor vehicle maintenance service provider who intends to be designated as a maintenance business entity under paragraph (1) (hereinafter referred to as "designated maintenance business entity") shall file an application for designation with the Minister of Environment after meeting facility and technical personnel standards prescribed by Ministerial Decree of Environment.
(3)Matters necessary for the facility and technical personnel standards and procedures for the designation of designated maintenance business entities, scope of inspection, etc., shall be prescribed by Ministerial Decree of Environment.

Article 62-4 – Revocation of designation

(1)If an agency for regular inspections of motorcycles or a designated maintenance business entity falls under any of the following, the Minister of Environment may revoke its designation or suspend all or part of its business for a specified period not exceeding six months: Provided, That in cases falling under subparagraph 1, he or she shall revoke the designation:
1.Where it has obtained the designation by fraud or other improper means;
2.Where it offers or accepts illicit money or goods or commits any other offence in connection with its business;
3.Where it is deemed inappropriate to continue to engage in business due to its poor financial standing;
4.Where it falsely prepares a motor vehicle inspection chart or prepares it inconsistently with the inspection results;
5.Other cases prescribed by Ministerial Decree of Environment, which violate the standards and procedures referred to in Article 62-3 with respect to the regular inspections of motorcycles.
(2)Detailed standards and procedures for dispositions issued under paragraph (1) and other necessary matters shall be prescribed by Ministerial Decree of Environment.

Article 63 – Sophisticated inspections of exhaust gases from in-use motor vehicles

(1)The owner of a motor vehicle registered (referring to the registration filed under Article 5 of the Motor Vehicle Management Act and Article 3 of the Construction Machinery Management Act) in any of the following areas shall undergo a sophisticated inspection of exhaust gases emitted from in-use motor vehicles (hereinafter referred to as "sophisticated inspection") conducted by the competent Mayor/Do Governor, as prescribed by ordinance of the relevant City/Do:
1.An air control zone;
2.Any other areas prescribed by Presidential Decree among urban areas having a population of at least 500,000.
(2)Notwithstanding paragraph (1), all of the following motor vehicles shall be exempt from a sophisticated inspection:
1.Low-emission motor vehicles prescribed by Ordinance of the Minister of Environment;
2.Specific diesel motor vehicles that have undergone an inspection under Article 26 (2) of the Special Act on the Improvement of Air Quality in Air Control Zones;
3.Specific diesel motor vehicles for which three years have not lapsed from the date the measures prescribed in Article 26 (3) of the Special Act on the Improvement of Air Quality in Air Control Zones were taken.
(3)Article 43-2 of the Motor Vehicle Management Act shall apply to sophisticated inspections.
(4)The owner of a motor vehicle determined noncompliant on two or more occasions as a result of sophisticated inspections (excluding a sensory test and a functional test) shall undergo re-inspection by a comprehensive inspection agency or designated maintenance business entity for comprehensive inspections designated under Article 44-2 or 45-2 of the Motor Vehicle Management Act, submitting a report on maintenance or checkup issued by a specialized maintenance business entity registered under Article 68 (1) after undergoing maintenance or checkup by the specialized maintenance business entity.
(5)Standards for and method of conducting sophisticated inspections, items subject to inspections and other necessary matters shall be prescribed by Ministerial Decree of Environment.
(6)Where the owner of a motor vehicle applies for a new registration, registration of modification, or registration of transfer under Article 8, 11 or 12 of the Motor Vehicle Management Act, the Mayor/Do Governor having jurisdiction over the areas prescribed in the subparagraphs of paragraph (1) shall note the inspection cycle, etc. on the motor vehicle registration certificate so that the fact that the motor vehicle is subject to a sophisticated inspection is recognizable.

Article 64 – Deleted

Article 65 – Deleted

Article 66 – Deleted

Article 67 – Deleted

Article 68 – Registration of maintenance business specialized in exhaust gases

(1)A person who intends to perform the affairs of maintenance, checkups, or verification inspections of parts related to the exhaust gases of motor vehicles shall file for registration of maintenance business specialized in exhaust gases with a special self-governing city mayor, a special self-governing province governor, or the head of the relevant si/gun/gu upon being equipped with facilities, equipment and technical personnel meeting the standards prescribed by presidential decree after filing for registration of motor vehicle management business under article 53 of the motor vehicle management act. the same shall also apply where he or she intends to modify any of the significant registered matter prescribed by presidential decree.
(2)Where a person who has filed for registration of maintenance business specialized in exhaust gases under paragraph (1) (hereinafter referred to as "specialized maintenance business entity") conducts any maintenance, checkup, or verification inspection under this Act, he or she shall issue a report thereon and enter the details of such report in the comprehensive computer system for exhaust gases from motor vehicles under Article 54.
(3)A specialized maintenance business entity shall have his or her registered technical personnel undergo education conducted by the Minister of Environment, as prescribed by Ministerial Decree of Environment. In such cases, the Minister of Environment may entrust such education to relevant specialized agencies.
(4)No specialized maintenance business entity or technical personnel engaged in maintenance services shall do any of the following acts:
1.Issuing a report on maintenance, a checkup, or a verification inspection, or entering the details thereof into the electronic data processing system by fraud or any other improper means;
2.Lending his or her registration certificate to another person or allowing another person to provide any maintenance, checkup, or verification inspection services using his or her name;
3.Allowing a person, other than registered technical personnel, to provide any maintenance, checkup or verification inspection services;
4.Any other act violating matters to be complied with under Ministerial Decree of Environment concerning the maintenance, checkup, or verification inspection services.
(5)Standards and procedure for the registration of specialized maintenance business entities under paragraph (1) and other necessary matters shall be prescribed by Ministerial Decree of Environment.

Article 69 – Revocation of registration

(1)Where a specialized maintenance business entity falls under any of the following subparagraphs, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may issue an order to suspend all or part of his or her business for a specified period not exceeding six months, or may revoke his or her registration: Provided, That in cases falling under subparagraph 1, 2, 4 or 5, the relevant registration shall be revoked:
1.Where it has filed for registration by fraud or other improper means;
2.Where he or she falls under any ground for disqualification prescribed in Article 69-2: Provided, That this shall not apply where he or she falls under grounds for disqualification under subparagraph 5 of Article 69-2 and the grounds for disqualification ceases to exist within two months from the date such grounds occur;
3.Where he or she performs any false maintenance, checkup, or verification inspection by intent or gross negligence;
4.Where his or her registration of motor vehicle management business is revoked under Article 66 of the Motor Vehicle Management Act;
5.Where he or she performs any maintenance, checkup, or verification inspection during a period of business suspension;
6.Where he or she falls short of the standards for registration referred to in Article 68 (1);
7.Where he or she fails to register an altered matter under the latter part of Article 68 (1);
8.Where he or she commits any prohibited act stipulated under article 68 (4).
(2)Detailed criteria for administrative dispositions to be taken under paragraph (1) shall be prescribed by Ministerial Decree of Environment.

Article 69-2 – Grounds for disqualification

None of the following persons shall file for registration of specialized maintenance business:
1.A person under adult guardianship or a person under limited guardianship;
2.A bankrupt who has not been reinstated;
3.A person for whom two years have not passed since the execution of his or her imprisonment with labor or a heavier punishment sentenced to by a court for violating this Act was terminated (including where such execution is deemed to have been terminated) or exempted;
4.A person for whom two years have not passed since the registration was revoked under Article 69 (excluding where the registration was revoked for falling under subparagraph 1 or 2 of this Article);
5.A corporation that has a person falling under any of subparagraphs 1 through 4 among its executive officers.

Article 70 – Orders for improvement of in-use motor vehicles

(1)Where exhaust gases from an in-use motor vehicle are found to exceed the permissible emission levels for in-use motor vehicles as a result of a checkup conducted under Article 61, the Minister of Environment, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may order an owner of the motor vehicle to improve it, as prescribed by Ministerial Decree of Environment.
(2)A person upon receipt of an order for improvement under paragraph (1) shall have his or her motor vehicle undergo maintenance, checkups, or verification inspections conducted by a specialized maintenance business entity within the period prescribed by Ordinance of the Minister of Environment.
(3)Notwithstanding paragraph (2), where no owner's intention or negligence has existed (any intention or negligence shall be substantiated by the relevant motor vehicle manufacturer), the maintenance, checkups, or verification inspections of a motor vehicle within the warranty period of exhaust gases shall be conducted at the expenses of the relevant motor vehicle manufacturer: Provided, That where the motor vehicle manufacturer is unable to conduct verification inspections directly, it may entrust the verification inspections to a comprehensive inspection agency designated under Article 44-2 of the Motor Vehicle Management Actor or a designated maintenance business entity for comprehensive inspections designated under Article 45-2 of that Act (hereafter in this Article referred to as "specialized maintenance business entity, etc.").
(4)A motor vehicle which has undergone maintenance, checkups, or verification inspections under paragraph (2) or (3) may be exempted from regular inspections and sophisticated inspections for the period prescribed by Ministerial Decree of Environment.
(5)Where a specialized maintenance business entity, etc. or a motor vehicle manufacturer has conducted any maintenance, checkup, or verification inspection under paragraph (2) or (3), he or she shall issue a report on such maintenance, checkup, or verification inspection to the owner of the motor vehicle and report the results of such maintenance, checkup, or verification inspection to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu.

Article 70-2 – Suspension of operation of motor vehicles

(1)Where the owner of a motor vehicle upon receipt of an order for improvement of his or her motor vehicle under Article 70 (1) fails to undergo a verification inspection under paragraph (2) of that Article within the period prescribed by Ministerial Decree of Environment, the Minister of Environment, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may order such owner to suspend the operation of the motor vehicle for a specified period of up to 10 days.
(2)Detailed standards for dispositions to suspend operation under paragraph (1) shall be prescribed by Ministerial Decree of Environment.

Article 71 – Deleted

Article 72 – Deleted

Article 73 – Deleted

Article 74 – Inspections of motor vehicle fuels, additives, or catalysts

(1)Any person who intends to manufacture (including importation; hereafter in this Article, Articles 75 and 82 (1) 11, subparagraphs 9 and 13 of Article 89, subparagraph 10 of Article 91, and Article 94 (4) 14, the same shall apply) motor vehicle fuels, additives, or catalysts shall meet the manufacturing standards prescribed by Ministerial Decree of Environment (hereinafter referred to as "manufacturing standards").
(2)Any person who intends to manufacture motor vehicle fuels, additives or catalysts, shall undergo a prior inspection by the Minister of Environment to verify whether they meet the manufacturing standards.
(3)Where additives or catalysts are inspected under paragraph (2), such inspection shall be effective for three years from the date they are verified to meet the manufacturing standards.
(4)Any person who intends to continue to manufacture additives or catalysts even after the expiration of the effective period under paragraph (3) shall undergo an inspection under paragraph (2) again.
(5)Where necessary for maintaining the quality of motor vehicle fuels, additives or catalysts, the Minister of Environment may inspect the motor vehicle fuels, additives, or catalysts being distributed and sold in markets to ascertain whether they meet the manufacturing standards.
(6)No one shall supply, sell, or use any of the following products as motor vehicle fuels, additives or catalysts: Provided, That the same shall not apply where an entity prescribed by Ministerial Decree of Environment, including schools and research institutes, manufactures, supplies, or uses them for testing or research purposes:
1.Motor vehicle fuels, additives, or catalysts determined noncompliant with the manufacturing standards, in violation of paragraph (1), as a result of an inspection conducted under paragraph (2);
2.Motor vehicle fuels, additives or catalysts that have not undergone inspections, in violation of paragraph (2), or those manufactured differently from the details inspected.
(7)Where the Minister of Environment deems any motor vehicle fuel, additive or catalyst causes an environmental risk or emits any substance significantly harmful to human health, he or she may restrict the manufacture, sale or use thereof, as prescribed by Ministerial Decree of Environment.
(8)Any person who intends to manufacture additives or catalysts shall indicate that the additives or catalysts have been inspected and have complied with the manufacturing standards referred to in paragraph (2), as prescribed by Ministerial Decree of Environment.
(9)Any person who intends to undergo an inspection under paragraph (2) shall pay a fee prescribed by Ministerial Decree of Environment.
(10)Methods of, and procedures, for conducting inspections under paragraphs (2) and (5) shall be prescribed by Presidential Decree.
(11)Where a person who manufactures additives or catalysts after undergoing an inspection under paragraph (2) intends to modify matters prescribed by Ministerial Decree of Environment, such as the name, address, etc. of the enterprise, he or she shall file a report on such modification, as prescribed by Ministerial Decree of Environment.

Article 74-2 – Performance of inspections by agencies

(1)The Minister of Environment may designate a specialized institution to perform inspection affairs on his or her behalf, if necessary for the efficient performance of inspection affairs under Article 74.
(2)Where a specialized institution designated pursuant to paragraph (1) (hereinafter referred to as "inspection agency") modifies any important matter prescribed by Ministerial Decree of Environment, such as facilities and equipment, among the designated matters, it shall file a report thereon to the Minister of Environment.
(3)An inspection agency and a person who is in charge of inspection affairs shall not perform the following acts:
1.Allowing a third person to perform inspection affairs in his or her or its name;
2.Performing inspection affairs by fraud or other improper means;
3.Violating a matter to be complied with under Ministerial Decree of Environment in connection with inspection affairs;
4.Performing inspection affairs in violation of methods of and procedures for conducting inspections under Article 74 (10).
(4)Standards and procedures for designating an inspection agency, and other matters necessary for inspection affairs shall be prescribed by Ministerial Decree of Environment.

Article 74-3 – Revocation of designation of inspection agencies

Where an inspection agency falls under any of the following subparagraphs, the Minister of Environment may revoke the designation as the inspection agency or order to suspend the whole or part of its business with a specified period not exceeding six months: Provided, That where it falls under subparagraph 1, he or she shall revoke such designation:
1.Where it has obtained the designation by fraud or other improper means;
2.Where it has committed any prohibited act stipulated under the subparagr aphs of Article 74-2 (3);
3.Where it has failed to meet the standards for designation under Article 74-2 (4).

Article 75 – Suspension of manufacture, supply, and sale of motor vehicle fuels, additives, or catalysts and withdrawal thereof

(1)The Minister of Environment may issue an order to any person who manufactures motor vehicle fuels, additives or catalysts prohibited from supply, sale or use under Article 74 (6) and to suspend the manufacture thereof or to withdraw products which are being distributed or sold.
(2)The Minister of Environment may issue an order to any person who supplies or sells motor vehicle fuels, additives or catalysts which are prohibited from the supply, sale or use under Article 74 (6) to suspend the supply or sale thereof.< Amended on Dec. 31, 2008; May 23, 2012; Jul. 16, 2013; Dec. 29, 2020>

Article 75-2 – Recommendations for use of eco-friendly fuels

(1)If deemed necessary to improve the atmospheric environment, the Minister of Environment or the Mayor/Do Governor may recommend the use of eco-friendly motor vehicle fuels.
(2)The types and quality standards of eco-friendly fuels referred to in paragraph (1), motor vehicles eligible to use them, regions where they are to be used, and other necessary matters shall be prescribed by Ministerial Decree of Environment following consultation with the Minister of Trade, Industry and Energy.

Article 76 – Permissible emission levels for ships

(1)The owner of a ship shall comply with the permissible emission levels prescribed by Ministerial Decree of Environment when emitting any of the air pollutants prescribed by Presidential Decree among air pollutants emitted from the diesel engine of the ship under Article 43 (1) of the Prevention of Marine Pollution Act.
(2)When setting the permissible emission levels referred to in paragraph (1), the Minister of Environment shall consult beforehand with the heads of relevant central administrative agencies with regard thereto.
(3)Where deemed necessary, the Minister of Environment may request the Minister of Oceans and Fisheries to perform the inspections referred to in Articles 49 through 52 of the Prevention of Marine Pollution Act to determine whether the permissible emission levels referred to in paragraph (1) are complied with.

Chapter V
Control of greenhouse gas emissions from motor vehicles

Article 76-2 – Permissible levels of greenhouse gas emissions from motor vehicles

Any motor vehicle manufacturer who chooses to comply with the permissible levels of greenhouse gas emissions from motor vehicles pursuant to Article 32 (2) of the Framework Act on Carbon Neutrality and Green Growth for Coping with Climate Crisis shall manufacture and sell the motor vehicles in such a way that the average amount of greenhouse gas emissions from motor vehicles prescribed by Ministerial Decree of Environment is in compliance with the permissible levels prescribed by the Minister of Environment (hereinafter referred to as "permissible levels of greenhouse gas emissions").

Article 76-3 – Reporting on greenhouse gas emission quantities from motor vehicles

(1)Where a motor vehicle manufacturer intends to sell any motor vehicle prescribed by Ministerial Decree of Environment pursuant to Article 76-2, it shall measure greenhouse gas emission quantities from the relevant motor vehicle at a testing agency designated by the Minister of Environment and report the measurement results to the Minister of Environment: Provided, That a motor vehicle manufacturer that has equipment and human resources prescribed by Ministerial Decree of Environment may self-measure greenhouse gas emission quantities and report the results thereof.
(2)Where any measurement results reported by a motor vehicle manufacturer under paragraph (1) need to be complemented, the Minister of Environment may demand the motor vehicle manufacturer to make a correction or complementation thereof within 30 days. In such cases, the motor vehicle manufacturer shall comply therewith, unless there is good cause.
(3)In order to ascertain whether a motor vehicle manufacturer has manufactured motor vehicles in compliance with the measurement results reported under paragraph (1), the Minister of Environment may, within one year, conduct a post-examination of the motor vehicle, the measurement results of which have been reported under that paragraph, as prescribed by Ministerial Decree of Environment. In such cases, the permissible error limits of post-examination of measurement results shall be prescribed by Ministerial Decree of Environment.

Article 76-4 – Indication of greenhouse gas emission quantities from motor vehicles

(1)In order to promote the use and consumption of motor vehicles with low greenhouse gas emissions, each motor vehicle manufacturer shall indicate on the relevant motor vehicle the greenhouse gas emission quantities reported to the Minister of Environment under Article 76-3.
(2)The method of indicating greenhouse gas emission quantities under paragraph (1) and other necessary matters shall be prescribed by Ministerial Decree of Environment.

Article 76-5 – Application and management of permissible levels of greenhouse gas emissions from motor vehicles and efficiency standards for average energy consumption

(1)Each motor vehicle manufacturer shall submit to the Minister of Environment the sales records and other data prescribed by the Minister of Environment, which are required to ascertain whether the permissible levels of greenhouse gas emissions from motor vehicles or the efficiency standards for average energy consumption (referring to the efficiency standards for average energy consumption determined by the Minister of Trade, Industry and Energy pursuant to Article 32 (2) of the Framework Act on Carbon Neutrality and Green Growth for Coping with Climate Crisis; hereinafter the same shall apply) are complied with.
(2)Where any motor vehicle manufacturer's average quantity of greenhouse gas emissions or efficiency of average energy consumption of the relevant year is in compliance with the permissible levels of greenhouse gas emissions or the efficiency standards for average energy consumption, it may use the difference between those quantities and the permissible average emission quantities from the following year by carrying it forward for the period prescribed by Ministerial Decree of Environment or trade in it with another motor vehicle manufacturer, and where its average quantities of greenhouse gas emissions or efficiency of average energy consumption of the relevant year are in noncompliance with the permissible levels of greenhouse gas emissions or the efficiency standards for average energy consumption, it may redeem the portion that exceeds the permissible average emission levels or the average energy consumption required from the following year for the period prescribed by Ministerial Decree of Environment.
(3)A method of preparing data referred to in paragraphs (1) and (2) and timing for submission, method of calculating the residual portion and the excess portion, method of redemption and trading, and other necessary matters shall be prescribed and publicly notified by the Minister of Environment.

Article 76-6 – Imposition of penalty surcharges

(1)The Minister of Environment may impose on, and collect from, each motor vehicle manufacturer that fails to comply with the permissible levels of greenhouse gas emissions a penalty surcharge not exceeding the amount computed by multiplying the sales figures prescribed by Presidential Decree depending on the excess portion by 1/100: Provided, That this shall not apply where a motor vehicle manufacturer redeems the excess portion pursuant to Article 76-5 (2).
(2)A method of computing penalty surcharges under paragraph (1), the amount and timing of collection thereof, and other necessary matters shall be prescribed by Presidential Decree. In such cases, the amount of a penalty surcharge shall be determined at the same level as the amount of penalty surcharge imposed where the efficiency standards for average energy consumption are not complied with.
(3)Where a person who shall pay a penalty surcharge under paragraph (1) fails to pay it by the payment deadline, the Minister of Environment shall collect it in the same manner as delinquent national taxes are collected.
(4)Penalty surcharges collected under paragraph (1) shall be accounted as the revenue of the Special Account for Environmental Improvement under the Framework Act on Environmental Policy.

Article 76-7 – Deleted

Article 76-8 – Deleted

Chapter V-2
Management of refrigerants

Article 76-9 – Standards for managing refrigerants

(1)To reduce refrigerant emissions from equipment consuming refrigerants for building air conditioning, food freezing and refrigeration, or other industrial uses (hereinafter referred to as “refrigerant-using equipment”), the Minister of Environment shall formulate the standards for managing the following matters (hereinafter referred to as “Standards for Managing Refrigerants”). In such cases, the Minister of Environment shall consult with the heads of relevant central administrative agencies:
1.Maintenance of refrigerant-using equipment;
2.Collection and disposal of refrigerants.
(2)If necessary to manage refrigerants, the Minister of Environment may request the heads of relevant central administrative agencies to provide related data. In such cases, the heads of the relevant central administrative agencies upon receipt of such request shall comply therewith, unless there is a compelling reason not to do so.
(3)The scope of refrigerant-using equipment and the Standards for Managing Refrigerants shall be prescribed by Ministerial Decree of Environment.

Article 76-10 – Management of refrigerant-using equipment

(1)The owner, occupant, or manager of refrigerant-using equipment (hereinafter referred to as “owner, etc.”) shall maintain the refrigerant-using equipment or collect and dispose of refrigerants in compliance with the Standards for Managing Refrigerants.
(2)The owner, etc. of refrigerant-using equipment shall keep and retain records of the maintenance of the refrigerant-using equipment or the collection and disposal of refrigerants, and submit them to the Minister of Environment, as prescribed by Ministerial Decree of Environment.
(3)The owner, etc. of refrigerant-using equipment may commission an entity that has filed for registration of refrigerant collection business pursuant to Article 76-11 (1) (hereinafter referred to as “refrigerant collection business entity”) to collect refrigerants on behalf of the owner, etc.

Article 76-11 – Registration of refrigerant collection business

(1)Any person who intends to run business of collecting refrigerants (including the storage, transportation, and recycling prescribed by Ministerial Decree of Environment of the collected refrigerants; hereafter in this Chapter, the same shall apply) from refrigerant-using equipment (hereinafter referred to as “refrigerant collection business”) shall file for registration with the Minister of Environment after meeting the standards for facilities, equipment, and technical personnel prescribed by Presidential Decree.
(2)If a refrigerant collection business entity intends to modify any of the significant matters prescribed by Presidential Decree among registered matters, he or she shall make the registration of such modification.
(3)Upon registration of refrigerant collection business, the Minister of Environment shall enter the details thereof in the register and issue a registration certificate, as prescribed by Ministerial Decree of Environment.
(4)Matters necessary for procedures for registration and registration of modification pursuant to paragraphs (1) and (2) and for issuance of registration certificates pursuant to paragraph (3) shall be prescribed by Ministerial Decree of Environment.
(5)None of the following persons shall file for registration of refrigerant collection business:
1.A person under adult guardianship or a person under limited guardianship;
2.A person declared bankrupt, but not yet reinstated;
3.A person for whom two years have not passed since his or her imprisonment with labor or a heavier punishment sentenced by a court for violating this Act was completely executed (including where such sentence is deemed completely executed) or the non-execution of such sentence became final;
4.A person for whom two years have not passed since the registration was revoked under Article 76-13 (excluding where the registration was revoked because the relevant person falls under subparagraph 1 or 2 thereof);
5.A corporation that has a person falling under any of subparagraphs 1 through 4 among its executive officers.

Article 76-12 – Matters to be complied with by refrigerant collection business entities

(1)No refrigerant collection business entity shall allow another person to perform refrigerant collection business using its name, or lend its registration certificate to another person.
(2)A refrigerant collection business entity shall collect refrigerants in compliance with the Standards for Managing Refrigerants, and keep and retain records of the collection of refrigerants and submit them to the Minister of Environment, as prescribed by Ministerial Decree of Environment.
(3)A refrigerant collection business entity shall have its registered technical personnel undergo education on refrigerant collection conducted by the Minister of Environment, as prescribed by Ministerial Decree of Environment.
(4)The Minister of Environment may collect money for expenses incurred for the education under paragraph (3) from the employers of the trainees, as prescribed by Ministerial Decree of Environment.
(5)The Minister of Environment may entrust the education under paragraph (3) to specialized institutions prescribed by Ministerial Decree of Environment.

Article 76-13 – Revocation of registration of refrigerant collection business

(1)Where a refrigerant collection business entity falls under any of the following subparagraphs, the Minister of Environment may revoke its registration or issue an order to suspend all or part of its business for a given period not exceeding six months: Provided, That where it falls under any of subparagraphs 1 through 3 and 5, its registration shall be revoked:
1.Where it has filed for registration by fraud or other improper means;
2.Where it fails to commence business within two years after registration, or suspends operations for at least two consecutive years without good cause;
3.Where it performs refrigerant collection business during the period of business suspension;
4.Where it fails to meet the registration standards referred to in Article 76-11(1);
5.Where it falls under any of the disqualifications referred to in Article 76-11 (5): Provided, That the same shall not apply where a corporation replaces an executive officer subject to such disqualification within two months;
6.Where it allows another person to perform refrigerant collection business using its name, or lends its registration certificate to another person, in violation of Article 76-12 (1);
7.Where it emits collected refrigerants into the atmosphere by intent or gross negligence.
(2)Detailed criteria for administrative dispositions to be taken under paragraph (1) and other necessary matters shall be prescribed by Ministerial Decree of Environment.

Article 76-14 – Reporting on sales of refrigerants

Any manufacturer or importer of refrigerants shall file a report on the types, quantities, sale places, etc. of the refrigerants to the Minister of Environment, as prescribed by Ministerial Decree of Environment: Provided, That the same shall not apply to cases prescribed by Ministerial Decree of Environment where the current status, etc. of sales is ascertained pursuant to other statutes or regulations.

Article 76-15 – Establishment and operation of computer network for management of refrigerant information

The Minister of Environment may establish and operate a computer network for management of refrigerant information for efficiently managing the sales, collection, and disposal of refrigerants, as prescribed by Ministerial Decree of Environment.

Chapter VI
Supplementary provisions

Article 77 – Training of environmental engineers

(1)A person who employs environmental engineers shall have them take the training prepared for relevant persons by the Minister of Environment, the Mayor/Do Governor, or the Mayor of a large city as prescribed by Ministerial Decree of Environment.
(2)The Minister of Environment, the Mayor/Do Governor, or the Mayor of a large city may collect money for expenses incurred for the training under paragraph (1) from the employers of trainees as prescribed by Ministerial Decree of Environment.
(3)The Minister of Environment, the Mayor/Do Governor, or the Mayor of a large city may entrust the training under paragraph (1) to relevant professional institutions.

Article 77-2 – Diffusion of eco-friendly driving culture

(1)The Minister of Environment shall promote the following policies for the purposes of widely spreading and establishing a driving method which might reduce emissions of pollutants (including greenhouse gases) and save energy (hereinafter referred to as "eco-friendly driving"):
1.Development and distribution of educational and promotional programs related to eco-friendly driving;
2.Establishment and running of a course of study related to eco-friendly driving;
3.Fostering and support of professional manpower related to eco-friendly driving;
4.Establishment and running of experience facilities to give the chance to experience eco-friendly driving;
5.Other policies prescribed by Ministerial Decree of Environment in order to spread eco-friendly driving culture.
(2)The Minister of Environment may, where a private environmental organization, etc. perform various activities to promote policies referred to in paragraph (1), such as training and promotion, support such activities.

Article 77-3 – Support for exemplary institutions in use of bicycles

(1)In order to reduce the emissions of pollutants, such as greenhouse gases, and to maintain the pleasant atmospheric environment, the Minister of Environment may designate institutions that proactively promote the use of bicycles as exemplary institutions in the use of bicycles.
(2)Matters concerning the standards for the designation of exemplary institutions in the use of bicycles under paragraph (1) and procedures for designation and other matters shall be prescribed by the Minister of Environment.
(3)Where an exemplary institution in the use of bicycles designated under paragraph (1) falls under any of the following cases, the Minister of Environment may revoke the designation: Provided, That he or she must revoke the designation in the cases falling under subparagraph 1:
1.Where it has obtained the designation by fraud or other improper means;
2.Where it fails to meet the standards for designation prescribed under paragraph (2).

Article 78 – Establishment of korea automobile environmental association

(1)In order to alleviate damage to the human body and the environment caused by exhaust gases from motor vehicles and construction machinery, Korea Automobile Environmental Association may be established to perform the business affairs referred to in Article 80.
(2)Korea Automobile Environmental Association shall be a corporation.
(3)Korea Automobile Environmental Association shall obtain permission for its establishment from the Minister of Environment.
(4)The provisions of the Civil Act pertaining to incorporated associations shall apply mutatis mutandis to Korea Automobile Environmental Association, except as otherwise provided in this Act.

Article 79 – Members

Any of the following persons may become a member of Korea Automobile Environmental Association:
1.A manufacturer of exhaust gas reduction systems;
2.An entity of business related to exhaust gas reduction services, such as the manufacture or replacement of low-emission engines;
3.A specialized maintenance business entity;
4.An expert in a field related to exhaust gas reduction systems, low-emission engines, etc.;
5.A comprehensive inspection agent under Article 44-2 of the Motor Vehicle Management Act and an inspection agency under Article 14 of the Construction Machinery Management Act;
6.A designated maintenance business entity for comprehensive inspections designated under Article 45-2 of the Motor Vehicle Management Act;
7.A business entity related to early scrapping of motor vehicles or construction machinery.

Article 80 – Business affairs

Korea Automobile Environmental Association shall perform the following business affairs, as stipulated in its articles of association:
1.Technological development to reduce emissions of motor vehicles and construction machinery and the distribution of exhaust gas reduction systems and low-emission engines;
2.Matters relating to support for projects for reducing exhaust gases from motor vehicles and construction machinery and the ex post facto management thereof;
3.Inspection of exhaust gases from motor vehicles and construction machinery and research and development projects of maintenance technology;
4.Business affairs related to those specified in subparagraphs 1 through 3 and 5, which are entrusted by the Minister of Environment or a Mayor/Do Governor;
5.Other matters necessary for reducing exhaust gases from motor vehicles and construction machinery.

Article 80-2 – Automatic smokestack measuring device association

(1)The Automatic Smokestack Measuring Device Association may be established to perform the following activities for developing technologies related to the devices for measuring air pollutants emitted from smokestacks (hereafter in this Article referred to as "automatic smokestack measuring device") and fostering industries related thereto:
1.Development and dissemination of technologies related to an automatic smokestack measuring device;
2.Provision of education, and development and dissemination of teaching materials related to an automatic smokestack measuring device;
3.Education of, and provision of technical support to, persons who operate and manage an automatic smokestack measuring device;
4.Projects entrusted by the Minister of Environment or the head of a local government.
(2)The Automatic Smokestack Measuring Device Association shall be a corporation.
(3)Establishment of the Automatic Smokestack Measuring Device Association shall be permitted by the Minister of Environment.
(4)A person, etc. who imports, manufactures or sells automatic smokestack measuring devices or parts thereof may become a member of the Automatic Smokestack Measuring Device Association, as prescribed by its articles of association.
(5)Except as otherwise provided in this Act, the provisions of the Civil Act pertaining to incorporated associations shall apply mutatis mutandis to the Automatic Smokestack Measuring Device Association.

Article 81 – Financial and technical support

(1)The State or local governments may provide financial and technical support to local governments or business entities, etc., that perform any of the following projects to improve the atmospheric environment:
1.Projects necessary for the formulation and implementation of comprehensive plans under Article 11;
2.Installation, operation, and management of measuring devices under Article 32 (1) and (4);
3.Projects necessary for ensuring the compliance with stringent permissible emission levels and special permissible emission levels in special measures areas under Article 16 (6);
3-2.Projects for reducing fugitive emissions of air pollutants under Article 38-2;
3-3.Research and technical development related to paints satisfying the volatile organic compound content levels;
4.Projects for installing measuring devices or transmitting measuring results to a computer network under Article 32;
5.Research and technical development for sophisticated inspections under Article 63;
6.Projects necessary for expanding the supply of eco-friendly fuels under Article 75-2 and establishment of a foundation therefor;
7.Other projects deemed necessary by the Minister of Environment for improving the atmospheric environment.
(2)The State may provide necessary financial support for the protection and surveillance activities to prevent damage from yellow dust and air pollution, damage prevention projects, and other activities of corporations or organizations related to the prevention of damage from yellow dust, or air pollution or improvement of the atmospheric environment.
(3)Details of corporations and organizations eligible for financial support under paragraph (2) and the procedures and methods of providing financial support and other matters shall be prescribed by Presidential Decree.

Article 82 – Reports and inspections

(1)In cases prescribed by Ministerial Decree of Environment, the Minister of Environment, the Mayor/Do Governor, and the head of a Si/Gun/Gu may order any of the following persons to make necessary reports or submit data, and require relevant public officials (including any employee of the relevant specialized institutions entrusted with the duties of the Minister of Environment under Article 87 (2)) to gain access to relevant facilities, places of business, etc., to collect pollutants or inspect related documents, facilities, equipment, etc., in order to verify whether the permissible emission levels referred to in Article 16 or 46 (3) are complied with; whether measuring devices referred to in Article 32 are operating normally (limited to matters prescribed in Article 32 (7) in cases of any employees of the relevant specialized institutions entrusted with the duties of the Minister of Environment under Article 87 (2)); whether the agency business for managing measuring devices referred to in Article 32-2 are properly performed; whether the facility management standards referred to in Article 38-2 (5) are complied with; whether the sulfur content levels are met; whether measures to prohibit or restrict the manufacture, sale, or use of fuels referred to in the main clause of Article 42 are implemented; whether the volatile organic compound content levels referred to in Article 44-2 are met; certification tests under Article 48, agency testing of certification under Article 48-2, whether certification is granted under Article 60, inspection affairs under Article 62, agency performance of regular inspections of motorcycles under Article 62-2, affairs of regular inspections of motorcycles under Article 62-3, inspections under Article 74, and whether agency performance of inspections under Article 74-2 are properly performed; whether the permissible levels of greenhouse gas emissions or the efficiency standards for average energy consumption under Article 76-5 are complied with; and whether the standards for managing refrigerants are complied with in collecting refrigerants under Article 76-10 (1) or 76-12 (2):
1.A business entity;
1-2.Deleted.
1-3.An agency for managing measuring devices;
1-4.A person who operates fugitive emission facilities under Article 38-2 (1);
2.A person who supplies, sells, or uses oil, the sulfur content levels of which are determined under Article 41 (1);
3.A person prohibited or restricted from manufacturing, selling, or using fuels under Article 42;
4.A person who files a report on business generating fugitive dust under Article 43 (1);
5.A person who installs facilities emitting volatile organic compounds under Article 44;
5-2.A person who supplies or sells paints under Article 44-2 (2);
6.A motor vehicle manufacturer referred to in Article 46;
7.A person designated as a testing agency for certification under Article 48-2 (1);
8.A person who manufactures or imports any exhaust gas reduction systems, low-emission engines, or idle-stop-and-go systems under Article 60 (1);
8-2.A person who performs agency affairs related to regular inspections of motorcycles under Article 62-2;
8-3.A designated maintenance business entity for regular inspections of motorcycles under Article 62-3;
8-4.Any person who supplies or sells any exhaust gas reduction systems, low-emission engines, or idle-stop-and-go systems under Article 60 (6) or displays, keeps, or stores such devices, engines, or systems for the purpose of supply or sale;
8-5.A person who brokers the sale of, or acts as an agent to purchase, any exhaust gas reduction systems, low-emission engines, or idle-stop-and-go systems pursuant to Article 60 (8);
9.A specialized maintenance business entity;
10.A person entrusted to conduct verification inspections by a motor vehicle manufacturer under Article 70 (3);
11.A person who manufactures, supplies, or sells motor vehicle fuels, additives, or catalysts under Article 74;
12.A person designated as an inspection agency under Article 74-2;
12-2.An owner, etc. of refrigerant-using equipment;
12-3.A refrigerant collection business entity;
13.A person entrusted with the duties of the Minister of Environment under Article 87 (2).
(2)Where pollutants are collected to verify whether permissible emission levels are complied with under paragraph (1), the Minister of Environment, the Mayor/Do Governor, or the head of a Si/Gun/Gu shall entrust an inspection institution prescribed by Ministerial Decree of Environment with the inspections of the pollution level thereof: Provided, That the same shall not apply where it is possible to determine on site whether the permissible emission levels are exceeded, and prescribed by Ministerial Decree of Environment.
(3)A public official who gains access and conducts inspections under paragraph (1) shall carry an identification indicating his or her authority and present it to interested persons.
(4)Each Mayor/Do Governor shall prepare the current status of management of exhaust facilities and submit it to the Minister of Environment each year.
(5)Matters necessary for preparing and submitting the current state of management of exhaust facilities under paragraph (4) shall be prescribed by Ministerial Decree of Environment.

Article 83 – Cooperation with relevant agencies

The Minister of Environment may request the heads of the relevant central administrative agencies, the Mayor/Do Governor, or the heads of Sis/Guns/Gus to take following measures, if deemed necessary for achieving the purposes of this Act. In such cases, the heads of relevant central administrative agencies, the Mayor/Do Governor, or the heads of Sis/Guns/Gus upon receipt of such request shall comply therewith, unless there is a compelling reason not to do so:
1.Improvement of heating systems;
2.Alteration or replacement of motor vehicle engines;
3.Restriction on the life span of motor vehicles;
4.Restriction on the traffic of motor vehicles;
5.Measures for preventing damage caused by yellow dust;
6.Electronic data on the registration, inspection, specifications, performance, etc. of motor vehicles, which are necessary for the electronic data processing of sophisticated inspection services and affairs related to the regular inspections of motorcycles;
7.Policies for spreading the eco-friendly driving culture;
8.Electronic data on registered information, such as specifications of motor vehicles, required for spot inspections of in-use motor vehicles under Article 61;
9.Electronic data on comprehensive inspections, such as the current registration status of motor vehicles subject to comprehensive inspections and matters subject to the inspections prescribed in Article 43-2 of the Motor Vehicle Management Act;
10.Electronic data on reconfiguration inspections, which include installation of exhaust gas reduction systems and conversion into low-emission engines under Article 58 (1) of this Act and Article 26 (3) of the Special Act on the Improvement of Air Quality in Air Control Zones;
11.Electronic data on the results of maintenance, checkups or verification inspections entered by specialized maintenance business entity under Article 68 (2);
12.Other matters specified by Presidential Decree.

Article 84 – Criteria for administrative dispositions

The criteria for administrative dispositions on violations of this Act or orders under this Act shall be prescribed by Ministerial Decree of Environment.

Article 85 – Hearings

The Minister of Environment, the Mayor/Do Governor, or the head of a Si/Gun/Gu who intends to take any of the following dispositions shall hold a hearing:
1.Revocation of designation under Article 7-3 (4);
1-2.Revocation of registration under Article 32-3 (1);
2.An order to revoke permission or to close emission facilities under Article 36 (1) or 38;
3.An order to prohibit the supply, sale, or use of fuels under Article 41 (4);
4.An order to prohibit the manufacture, sale, or use of fuels under Article 42;
4-2.Revocation of designation as a testing agency for certification or an order to suspend its business under Article 48-3;
5.An order to correct defects under Article 51 (4) or (6);
6.Revocation of certification under Article 55;
6-2.Revocation of certification under Article 60 (4);
6-3.Revocation of designation under Article 62-4;
7.Revocation of registration of a specialized maintenance business entity under Article 69;
8.Revocation of designation as an inspection agency or an order to suspend its business under Article 74-3;
8-2.Revocation of registration of refrigerant collection business under Article 76-13 (1);
9.Revocation of designation as an exemplary institution in the use of bicycles under Article 77-3 (3).

Article 86 – Fees

Any of the following persons shall pay fees prescribed by Ministerial Decree of Environment:
1.A person who intends to obtain permission to install emission facilities or permission for modification thereof or to file a report on the installation of emission facilities or a report on modification thereof under Article 23;
2.A person who applies for certification, certification for modification, or omission of certification of manufactured motor vehicles under Article 48.

Article 87 – Delegation and entrustment of authority

(1)The authority of the Minister of Environment under this Act may be partially delegated to the Mayor/Do Governor, the heads of Sis/Guns/Gus, the head of the Environment Institute under the umbrella of the Ministry of Environment, or the head of a regional environmental agency, as prescribed by Presidential Decree.
(2)The Minister of Environment, the Mayor/Do Governor, or the head of a Si/Gun/Gu may entrust part of his or her duties under this Act to relevant specialized institutions, as prescribed by Presidential Decree.

Article 88 – Legal fiction as public officials for purposes of applying penalty provisions

Any executive officer and employee of a corporation or organization performing the duties entrusted under Article 87 (2) shall be deemed a public official for the purposes of applying Articles 129 through 132 of the Criminal Act.

Chapter VII
Penalty provisions

Article 89 – Penalty provisions

Any of the following persons shall be punished by imprisonment with labor for not more than seven years or by a fine not exceeding 100 million won:
1.Any person who installs or alters any emission facility, or runs any business using such emission facility without obtaining permission for installation or permission for modification under Article 23 (1) or (2), or obtaining such permission by fraud;
2.Any person who installs and operates emission facilities without installing prevention facilities under the main clause of Article 26 (1) or Article 26 (2);
3.Any person who engages in activities referred to in Article 31 (1) 1 or 5;
4.Any person who violates an order to suspend operation issued under Article 34 (1) or fails to perform an order to take measures issued under paragraph (2) of that Article;
5.Any person who violates an order to close emission facilities or suspend the operation thereof issued under Article 36(1);
5-2.Any person who fails to comply with an order for suspension of the use or for closure of emission facilities issued under Article 38;
6.Any person who manufactures motor vehicles not in compliance with the permissible emission levels for manufactured motor vehicles, in violation of Article 46;
6-2.Any person who manufactures motor vehicles, in violation of Article 46 (4);
7.Any person who manufactures motor vehicles without obtaining certification, in violation of Article 48 (1);
7-2.Any person who manufactures motor vehicles without complying with a redemption order issued under Article 50-3;
7-3.Any person who commits any activity specified in subparagraph 1 of Article 55;
8.Any person who manufactures or imports any exhaust gas reduction systems, low-emission engines, or idle-stop-and-go systems without obtaining certification or certification for modification, in violation of Article 60 (1) or (2);
8-2.Any person who supplies or sells any exhaust gas reduction systems, low-emission engines, or idle-stop-and-go systems without certification, or displays, keeps, or stores such devices, engines, or systems for the purpose of supply or sale, in violation of Article 60 (6);
8-3.Any person who fails to comply with an order to take measures, such as recall or destruction issued under Article 60 (7);
9.Any person who manufactures motor vehicle fuels, additives, or catalysts not in compliance with the manufacturing standards, in violation of Article 74 (1);
10.Any person who fails to undergo an inspection of motor vehicle fuels, additives, or catalysts, in violation of Article 74 (2);
11.Any person who refuses, interferes with, or evades an inspection of motor vehicle fuels, additives, or catalysts conducted under Article 74 (5);
12.Any person who supplies or sells motor vehicle fuels, in violation of the main clause of Article 74 (6);
13.Any person who violates an order to suspend manufacture, to withdraw, or to suspend the supply and sale of products issued under Article 75.

Article 90 – Penalty provisions

Any of the following persons shall be punished by imprisonment with labor for not more than five years, or by a fine not exceeding 50 million won:
1.Any person who installs or alters emission facilities, or runs any business using such facilities after failing to file a report referred to in Article 23 (1) or filing a false report;
2.Any person who engages in activities referred to in Article 31 (1)2;
3.Any person who fails to take measures, including the installation of measuring devices, under the main clause of Article 32 (1);
4.Any person who engages in any activity referred to in Article 32 (3) 1, 3, or 4;
4-2.Any person who fails to comply with an order to improve facilities, etc., issued under Article 38-2 (8);
4-3.Any person who fails to measure pollutants or who falsely records the results of measurement or fails to record and retain them, in violation of Article 39 (1);
4-4.A person who engages in any activity referred to in the subparagraphs of Article 39 (2);
5.Any person who violates an order to take measures to impose restrictions on the use of fuels, etc., issued under Article 41 (4);
6.Any person who fails to perform an order to take measures for improving facilities, etc., issued under Article 44 (9) (including cases to which Article 45 (5) applies mutatis mutandis);
6-2.Any person who fails to comply with an order to replace parts or replace, refund, or repurchase motor vehicles, issued under Article 50 (7) and (8);
7.Any person who violates an order to correct defects issued under the main clause of Article 51 (4), Article 51 (6), or the main clause of Article 53 (3) or Article 53 (5);
8.Any person who fails to comply with an order to replace, refund, or repurchase motor vehicles, issued under Article 51 (8) or 53 (7);
9.Deleted.
10.Any person who provides maintenance, checkup, or verification inspection services without filing for registration as specialized maintenance business entity, in violation of Article 68 (1);
11.Any person who supplies or sells additives or catalysts, in violation of the main clause of Article 74 (6).

Article 90-2 – Penalty provisions

Any person who supplies or sells fuels that exceed the sulfur content levels in violation of the main clause of Article 41 (3) shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won.

Article 91 – Penalty provisions

Any of the following persons shall be punished by imprisonment with labor for not more than one year, or by a fine not exceeding 10 million won:
1.Any person who operates facilities without filing a report, in violation of Article 30;
2.Any person who violates an order to suspend operation issued under Article 32 (6);
2-2.Any person who performs agency business for managing measuring devices without filing for registration of such business or modification thereof, in violation of Article 32-2 (1);
2-3.Any person who files for registration of agency business for managing measuring devices under Article 32-2 (1) by fraud or other improper means;
2-4.Any person who allows a third person to perform affairs of managing measuring devices using his or her name, or lend his or her registration certificate to a third person, in violation of Article 32-2 (4);
2-5.Any person who uses fuels that exceed the sulfur content levels, in violation of the main clause of Article 41 (3);
3.Any person who violates an order, such as an order to restrict use, issued under Article 43 (5);
3-2.Any person who falls under Article 44-2 (2) 1 and supplies or sells any paint, in violation of Article 44-2 (2);
3-3.Any person who falls under Article 44-2 (2) 2 and supplies or sells any paint, in violation of Article 44-2 (2);
3-4.Any person who violates an order to take such measures as suspension of supply and sale of paint which exceeds the volatile organic compound content levels, or an order to withdraw such paint, etc., issued under Article 44-2 (3);
3-5.Any person who violates an order to suspend supply and sale of paints which exceed the volatile organic compound content levels issued under Article 44-2 (4);
4.Any person who manufactures a motor vehicle without obtaining certification for modification under Article 48 (2);
4-2.Any person who commits any offence prescribed in Article 48-2 (3) 1 or 2;
5.Any person who remove, damage, dismantle, alter, or randomly set exhaust gas-related parts, conduct any act that undermines the functions or performance of such parts by failing to use catalysts or using less catalysts, or demand such act, in violation of Article 57-2;
6.Any person who modifies registered matters without filing for registration of modification under Article 68 (1);
7.Any person who commits any offence prescribed in Article 68 (4) 1 or 2;
8.Any person who violates an order to suspend business operation issued under Article 69;
9.Any person who uses motor vehicle fuels, in violation of the main clause of Article 74 (6);
10.Any person who manufactures or sells motor vehicle fuels, additives, or catalysts, in violation of the regulation prescribed in Article 74 (7);
11.Any person who fails to indicate on a product that the product has undergone an inspection or places a false indication, in violation of Article 74 (8);
12.Any person who commits any offence prescribed in Article 74-2 (3) 1 or 2;
12-2.Any person who fails to report greenhouse gas emission quantities from a motor vehicle or files a false report, in violation of Article 76-3 (1);
12-3.Any person who runs refrigerant collection business without filing for registration of such business, in violation of Article 76-11 (1);
12-4.Any person who files for registration of refrigerant collection business under Article 76-11 (1) by fraud or other improper means;
12-5.Any person who allows another person to perform refrigerant collection business using his or her name or lends his or her registration certificate to another person, in violation of Article 76-12 (1);
13.Any person who refuses, obstructs, or evades access or an inspection by a relevant public official under Article 82.

Article 91-2 – Penalty provisions

Any of the following persons shall be punished by a fine not exceeding five million won:
1.Any person who falsely manufactures or attaches the mark under Article 58 (12);
2.Any person who fails to obtain approval of a plan for supplying low-emission motor vehicles, in violation of Article 58-2 (4).

Article 92 – Penalty provisions

Any of the following persons shall be punished by a fine not exceeding three million won:
1.Any person who violates an order issued under Article 8 (3) without good cause;
2.Any person who fails to perform an order to take measures issued under Article 32 (5);
3.Any person who installs and operates any facility without filing a report under Article 38-2 (1);
3-2.Any person who fails to undergo a regular inspection under Article 38-2 (6);
4.Any person who violates an order, such as an order to take measures to restrict the use of fuels, issued under Article 42;
4-2.Any person who fails to file a report under the former part of Article 43 (1);
5.Any person who fails to install facilities to control fugitive dust or fails to take necessary measures, in violation of the former part or the latter part of Article 43 (1): Provided, That excluded herefrom shall be persons who transport cement, coal, earth and sand, fodder, grain, and powdered steel scrap materials;
6.Any person who fails to comply with an order to install facilities to control fugitive dust, an order to take measures or order for improvement, in violation of Article 43 (4);
7.Any person who installs or operates facilities without filing a report under Article 44 (1), or 45 (1) or (2);
8.Any person who fails to take measures under Article 44 (5);
9.Any person who falsely prepares a performance record of average emission quantity referred to in Article 50-2 (2) or a redemption plan referred to in Article 50-3 (3);
10.Any person who manufactures or imports defective exhaust gas reduction systems or low-emission engines which fail to comply with the details of certification granted under Article 60 (1);
11.Any person who fails to comply with an order to undergo a motorcycle regular inspection under Article 62 (4);
12.Any person who fails to comply with an order to suspend operation of a vehicle after receiving such order under Article 70-2;
13.Any specialized maintenance business entity who performs maintenance, checkup, or verification inspection services although his or her registration of motor vehicle management business has been revoked under Article 66 of the Motor Vehicle Management Act;
14.Any person who fails to submit data or submits false data, in violation of Article 76-5 (1).

Article 93 – Penalty provisions

Any person who interferes with the work of environmental engineers under Article 40 (4) or rejects a request of environmental engineers without good cause shall be punished by a fine not exceeding two million won.

Article 94 – Administrative fines

(1)Any of the following persons shall be subject to an administrative fine not exceeding five million won:
1.Deleted.
1-2.Any person who fails to put a mark of certification or certification for modification, in violation of Article 48 (3);
1-3.Any person who fails to establish and submit a defect correction plan under Article 51 (5) or Article 53 (4) or fails to obtain approval from the Minister of Environment due to poor establishment and submission of a defect correction plan;
1-3.A person who fails to submit the records of supply, in violation of Article 58-2 (5);
1-4.Any person who fails to submit the results of a performance inspection under Article 60-2 (6);
2.Any person who fails to indicate on his or her motor vehicle, greenhouse gas emission quantities, in violation of Article 76-4 (1), or falsely indicates the same;
3.A person who brokers the sale of, or acts as an agent to purchase, any exhaust gas reduction systems, low-emission engines, or idle-stop-and-go systems without certification, in violation of Article 60 (8);
(2)Any of the following persons shall be subject to an administrative fine not exceeding three million won:
1.Any person who fails to record and retain the status of operation of emission facilities, etc. or falsely records the same, in violation of Article 31 (2);
1-2.Any person who fails to submit the results of measurement, in violation of Article 39 (3);
2.Any person who fails to appoint an environmental engineer, in violation of Article 40 (1);
3.Any person who fails to comply with an order to correct a defect under Article 52 (3);
4.Any person who fails to comply with an order for conversion or remodeling into low-emission motor vehicles or low-emission construction machinery; an order for installation or replacement of exhaust gas reduction systems; an order for replacement of exhaust gas-related parts; or an order for conversion into or replacement with low-emission engines (including dual fuel engines), issued under Article 58 (1);
5.Any person falling under Article 58-5 (1) 2 or 3 who fails to purchase or rent low-emission motor vehicles at a ratio under Article 58-5 (1).
(3)Any of the following persons shall be subject to an administrative fine not exceeding two million won:
1.Any person who engages in any activity referred to in Article 31 (1) 3 or 4;
2.Deleted.
3.Any person who engages in any activity referred to in Article 32 (3) 2;
4.Any person who fails to comply with management and operations standards, in violation of Article 32 (4);
4-2.Any person who fails to comply with management standards, in violation of Article 32-2 (5);
5.Any person who fails to file a report on modification under Article 38-2 (2);
6.Any person who transports powdered substances, such as cement, coal, soil and sand, without installing facilities to control fugitive dust or without taking necessary measures under Article 43 (1);
7.Any person who fails to file a report on modification of facilities emitting volatile organic compounds under Article 44 (2) or 45 (3);
8.Any person who fails to conduct an inspection or measurement or to record and retain the results of the inspection or measurement, in violation of Article 44 (13), or who makes and retains false records; 8-2. Any person who performs testing agency business for certification after failing to file a report under Article 48-2 (2) or filing a false report;
9.Any person who fails to report the results of correction of defects under Article 51 (5) (including cases of application mutatis mutandis under Article 53 (4));
10.Any person who fails to report the current status of correction of defective parts and the current status of causal analysis of defects under the main clause of Article 53 (1) or the current status of correction of defects under Article 53 (2);
10-2.Any person who uses any exhaust gas reduction systems, low-emission engines, or idle-stop-and-go systems despite knowing that they are without certification, in violation of Article 60 (9);
11.A person who refuses, evades, or obstructs a checkup, in violation of Article 61 (2);
12.Any person who commits an act referred to in Article 68 (4) 3 or 4;
13.Any person who knowingly uses additives or catalysts not meeting the manufacturing standards, in violation of Article 74 (6) 1;
14.Any person who fails to undergo an inspection under 74 (6) 2 or knowingly uses additives or catalysts manufactured inconsistently with the details that have been inspected;
14-2.Any person who fails to file a report on modification under Article 74 (11);
14-3.Any person who performs agency business for inspecting motor vehicle fuels, additives, or catalysts after failing to file a report under Article 74-2 (2) or filing a false report;
15.Any person who modifies any of the matters registered for his or her refrigerant collection business without registering such modification, in violation of Article 76-11 (2);
16.Any person who fails to meet the Standards for Managing Refrigerants or to keep, retain, or submit records of the collection of refrigerants, in violation of Article 76-12 (2).
(4)Any of the following persons shall be subject to an administrative fine not exceeding one million won:
1.Deleted.
1-2.Any person who fails to file a report on modification under Article 23 (2) or (3);
2.Any person who fails to comply with the matters to be complied with by environmental engineers under Article 40 (2);
3.Any person who fails to file a report on modification under the latter part of Article 43 (1);
3-2.Any person who fails to submit a performance record of the average emission quantity pursuant to Article 50-2 (2);
3-3.Any person who fails to submit a redemption plan pursuant to Article 50-3 (3);
4.Deleted.
5.A motor vehicle driver who violates the restrictions on the running of motor vehicle engines imposed under Article 59;
6.Any person who fails to have his or her motor vehicle undergo maintenance, a checkup, or verification inspection, in violation of Article 63 (4);
6-2.Any specialized maintenance business entity who fails to have his or her technical personnel undergo education, in violation of Article 68 (3);
7.Any person who fails to issue a report on maintenance, checkups, or verification inspections or to report the results thereof, in violation of Article 70 (5);
7-2.Any person who fails to meet the Standards for Managing Refrigerants in violation of Article 76-10 (1) or to keep, retain, or submit records of the maintenance of the refrigerant-using equipment or of the collection and disposal of refrigerants in violation of paragraph (2) of that Article;
7-3.Any person who fails to have his or her registered technical personnel undergo education, in violation of Article 76-12 (3);
8.Any person who fails to have environmental engineers, etc., undergo education, in violation of Article 77;
9.Any person who fails to report as required under Article 82 (1), files a false report, or fails to submit data or submits false data.
(5)A person who fails to undergo a motorcycle regular inspection in violation of Article 62 (2) shall be subject to an administrative fine not exceeding 500,000 won.
(6)Administrative fines prescribed in paragraphs (1) through (5) shall be imposed and collected by the Minister of Environment, the Mayor/Do Governor, or the heads of Sis/Guns/Gus, as prescribed by Presidential Decree.

Article 95 – Joint penalty provisions

If the representative of a corporation or an agent or employee of, or any other person employed by, the corporation or an individual commits any violations under any of Articles 89, 90, 90-2, and 91 through 93 in connection with the business affairs of the corporation or individual, the corporation or the individual shall, in addition to punishing the violators accordingly, be punished by a fine under the relevant Article: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business affairs to prevent such violations.