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Laws of the Republic of Korea |
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea 72
ENFORCEMENT DECREE OF THE DEVELOPMENT OF AND SUPPORT FOR ENVIRONMENTAL TECHNOLOGY
ACT
Wholly Amended by Presidential Decree No. 16953,Aug. 17, 2000 Amended by Presidential Decree No. 17305, Jul. 16, 2001 Presidential Decree No. 17698, Aug. 8, 2002
Presidential Decree No. 18157, Dec. 11, 2003
Presidential Decree No. 18312, Mar. 17, 2004
Presidential Decree No. 18428, Jun. 11, 2004
Presidential Decree No. 18695, Feb. 7, 2005
Presidential Decree No. 18796, Apr. 22, 2005
Presidential Decree No. 18863, Jun. 13, 2005
Presidential Decree No. 18880, Jun. 23, 2005
Presidential Decree No. 18953, Jul. 22, 2005
Presidential Decree No. 19513, Jun. 12, 2006
Presidential Decree No. 19574, Jun. 29, 2006
Presidential Decree No. 19639, Aug. 4, 2006
Presidential Decree No. 19719, Oct. 27, 2006
Presidential Decree No. 20165, Jul. 4, 2007
Presidential Decree No. 20241, Sep. 6, 2007
Presidential Decree No. 20244, Sep. 6, 2007
Presidential Decree No. 20290, Sep. 27, 2007
Presidential Decree No. 20297, Sep. 28, 2007
Presidential Decree No. 20383, Nov. 15, 2007
Presidential Decree No. 20428, Nov. 30, 2007
Article 1 (Purpose)
The purpose of this Decree is to provide matters delegated by the Development of and Support for
Environmental Technology Act and
other necessary matters to implement such delegated matters.
The environmental industries defined in the provisions of subparagraph 3 of Article 2 of the Development
of and Support for Environmental
Technology Act (hereinafter referred to as the "Act") shall be as
follows: 1. The industries that provide facilities, materials and services necessary for environmental preservation
activities such as the
measurement, prevention, minimization and restoration, etc. of environmental
damages done to the air, water quality, noise, vibration
and ecosystem, etc.;
2. The industries that research and develop the environmental technology for eventual application
and utilization of developed technologies;
and
3. The industries that provide other facilities, materials or services necessary for preserving and managing
the environment.
Article 3 (Formulation of Comprehensive Plan for Development of Environmental Technology)
(1) The Minister of Environment shall,
when he draws up a comprehensive plan for developing the
environmental technology (hereinafter referred to as the "development plan")
under Article 3 (1) of
the Act, notify the heads of central administrative agencies concerned of such plan.
(2) The Minister of
Environment may ask the heads of central administrative agencies concerned for
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4. Enforcement Decree of the Development of and Support for Environmental Technology Act
73
the present state of technologies in their jurisdictional areas and estimated data, etc. necessary for
the formulation of the development
plan under Article 3 (3) of the Act.
Article 4 (Formulation of Annual Implementation Plan)
(1) The heads of central administrative
agencies shall each draw up an implementation plan for the
relevant year (hereinafter referred to as the "implementation plan")
by February 15 each year in compliance
to the development plan and notify such implementation plan, along with the implementation
records
of the preceding year, to the Minister of Environment.
(2) The Minister of Environment shall report all of the implementation plan and the implementation
records of the preceding year
furnished under paragraph (1) to the National Science and Technology
Council established in accordance with Article 9 of the Framework
Act on Science and Technology.
(2) The terms of office for the members commissioned on the recommendation of the heads of central
administrative agencies concerned
under paragraph (1) shall be two years, but may be recommissioned.
Article 6 (Functions of Committee)
The Committee shall deliberate on matters falling under each of the following subparagraphs:
1. The development plan;
2. The implementation plan and implementation records; and
3. Other important matters which are related to development of the environmental technology and
the environmental industry and put
by the Minister of Environment on the agenda of the Committee
for deliberation.
Article 7 (Operation of Committee)
(1) The chairman of the Committee (hereinafter referred to as the "chairman") shall represent the Committee,
call meetings of the
Committee and exercise overall control of the affairs of the Committee.
(2) If the chairman is unable to perform his duties due
to unavoidable reasons, a member previously
nominated by the chairman shall perform the latter's duties.
(3) The Committee shall
hold a meeting with the attendance of a majority of its registered members
and resolve with the consent of a majority of those present.
Article 8 (Allowances, etc.)
Members who attend any meeting of the Committee may be paid allowances and travel expenses
within limits of budget: Provided, That
the same shall not apply to the case where public officials attend
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
74
any meeting of the Committee in connection with the business they are in charge.
Article 9 (Facilitation of Project for Development
of Environmental Technology)
(1) The Minister of Environment shall, in order to undertake projects for developing the environmental
technology under his jurisdictional areas under Article 5 (1) of the Act (hereinafter referred to as "development
projects"), work
out and publish a detailed plan for facilitating such development projects.
(2) The Minister of Environment shall, where he intends
to undertake the development projects according
to the detailed plan referred to in paragraph (1), select persons to implement the
development projects
from among institutions, organizations or business operators under Article 5 (1) of the Act (hereinafter
referred
to as "research institutions, etc.") and get selected research institutions, etc. (hereinafter referred
to as "research institutions,
etc. in charge") to undertake the development projects after entering into
an agreement with each of the research institutions,
etc. in charge. In this case, with respect to any
research institution which does not have the power of representation from among
the research institutions,
etc. in charge, an agreement shall be entered into with the representative of a corporation to which
such research institution belongs.
1. Research tasks and persons in charge;
2. Costs required for the development project under Article 5 (2) of the Act and the method of paying
such costs;
3. Results of the development project and their utilization;
4. Collection of royalties accruing from utilizing the results of the development project;
5. Matters relating to a change in the agreement, cancellation of the agreement and a violation of
the agreement; and
6. Other matters relating to the undertaking of the development projects.
(4) The head of any research institution, etc. in charge
may entrust other research institution, etc.
to implement a part of its development project.
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4. Enforcement Decree of the Development of and Support for Environmental Technology Act
75
1. The Environmental Management Corporation established under the Environmental Management
Corporation Act (hereinafter referred
to as the "Environmental Management Corporation");
2. The Korea Environment and Resources Corporation established under the Korea Environment and
Resources Corporation Act;
3. The Sudokwon Landfill Site Management Corporation established under the Act on the Establishment
and Management of Sudokwon Landfill
Site Management Corporation;
4. The Korea Institute of Industrial Technology Evaluation and Planning, the Korea Testing Laboratory,
and specialized industrial
technology institutes established under the Industrial Technology Innovation
Promotion Act;
5. Venture companies in the environmental area incorporated under Article 2 (1) of the Act on
Special Measures for the Promotion
of Venture Businesses (hereinafter referred to as the "environment
venture company"); and
6. Research institutions established for the purpose of developing the environmental technology under
the Civil Act and other Acts.
Article 13 (Contributions to Development Projects, etc.)
The heads of research institutions in charge, etc. shall, where contributions
made by persons other
than the Government or the research and development costs of companies are included in costs required
for
the development projects under Article 5 (2) of the Act, enter in advance into agreements on contributions,
etc. with such persons
and companies that make such contributions and bear such costs.
Article 14 (Payment and Management of Contributions)
(1) The heads
of research institutions in charge shall, if their institutions receive contributions made
by the Government, persons other than
the Government or research and development costs of companies
under Article 5 (2) of the Act, establish separate accounts to manage
such contributions and costs.
(2) Contributions made by the Government under Article 5 (3) of the Act shall be paid in installments
taking into account the progress of the development projects: Provided, That such contributions
may, if it is deemed necessary,
be paid in a lump sum taking into account the size and start time
of the development projects.
Article 15 (Use of Contributions)
(1) The heads of research institutions in charge which are paid contributions made by the Government
for undertaking the development
projects in accordance with Article 14 (1) shall use such contributions
only to cover costs required directly for the development
projects such as personnel expenses, material
costs, data-processing costs and trial-production costs, etc. under the conditions
as prescribed by
the Minister of Environment.
(2) The Minister of Environment may, if any research institution in charge is found to have used
contributions for any purpose other
than the purpose described in paragraph (1) without any justifiable
grounds, retrieve such contributions in whole or in part.
Article
16 (Collection and Use of Royalties)
(1) Deleted. 1. Enhancement of research efficiency of researchers participating directly or indirectly in the development
project;
2. Appropriation of royalties to research and development costs; and
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
76
3. Management and utilization of the results of research and development.
(3) The head of the research institution in charge shall
pay an amount of money determined by an
agreement under Article 9 (2) within the extent of 60/100 of the amount equivalent to the
government
contributions under Article 5 (5) of the Act to the Korea Institute of Environmental Science and Technology
(hereinafter
referred to as the "Environmental Institute") under Article 5-2 of the Act.
(4) The head of the Environmental Institute (hereinafter referred to as the "Head of the Environmental
Institute") may use technical
royalties paid to the Environmental Institute under paragraph (3) for
the purpose falling under any of the following subparagraphs
with approval of the Minister of Environment:
1. Reinvestment in development projects;
2. Projects for technical support to the persons who intend to use the outcomes of research and
development;
3. Projects for exchange of human resources in environmental technology at home and abroad for
activation of development projects;
4. Rewards and welfare promotion projects for the persons who have developed excellent environmental
technologies;
5. Projects for exchange of environmental technology information;
6. Projects for support to authentication of new technologies or verification of technologies; and
7. Other projects recognized by the Minister of Environment for the promotion of environmental
technologies.
(5) Detailed matters concerning collection and use of technical royalties other than the matters prescribed
by this Decree shall
be prescribed by the Minister of Environment.
Article 16-2 (Business of Environmental Institute)
The term "business prescribed by Presidential Decree" in Article 5-2 (4) 4 of
the Act means as follows:
1. Supports to the international joint research of environmental technology;
2. Collection and diffusion of information relating to environmental technology;
3. Fosterage, education and training of environmental technology manpower; and
4. Business necessary for an efficient performance of the businesses under Article 5-2 (4) 1 through
3 of the Act and those under
subparagraphs 1 through 3 of this Article.
[This Article Newly Inserted by Presidential Decree No. 18880, Jun. 23, 2005]
Article
17 (Project of Facilitating Practical Use of Environmental Technologies)
(1) The term "project prescribed by Presidential Decree
to facilitate the practical use of environmental
technologies" in Article 6 (2) 5 of the Act means projects falling under any of
the following subparagraphs:
1. Project designed, where a local government has saved a budget subsided by the State or other
local government by using a new technology,
to pay part of the saved amount as a payment
to encourage such local government to use the new technology;
2. Project designed, where the State or a local government has installed environmental facilities using
a new technology, which is
eventually found successful, to financially support costs required for
the installation of such environmental facilities;
3. Project designed to unearth, develop and support environment venture companies; and
4. Deleted.
4. Enforcement Decree of the Development of and Support for Environmental Technology Act
77
Article 18 (Application for Authentication of New Technologies or Verification of Technologies)
A person who intends to obtain authentication
of new technologies or verification of technologies under
Article 7 (1) of the Act shall submit an application for authentication
of new technologies or verification
of technologies (hereinafter referred to as the "application") including the matters of the
following
subparagraphs to the Minister of Environment:
1. Documents in which development background, history, principle and appropriateness, etc. of technology
are described;
2. Documents in which performance and economical efficiency of technology are described;
3. Design drawings and operating manual of the facilities subject to appraisal;
4. Documents in which the contents of self-appraisal by an applicant are described such as items
of appraisal, frequency of appraisal,
method of appraisal, kinds of raw materials, materials and
samples related to the appraisal and the result of domestic start-up
test, etc.;
5. Documents in which the contents of new technology (including the substance of new technology
and the specific contents on novelty
and excellency of technology) are described;
6. Documents proving an applicant is a technology holder, such as the record of application at home
and abroad (limited to cases
where there is the record of application), patent or authentication,
etc. obtained at home and abroad;
7. Investigation report on advanced technology performed by a specialized institution designated under
Article 58 (1) of the Patent
Act;
8. Documents in which the matters to be verified and the method of appraisal in the field are described
(limited to the case of the
technical verification); and
9. Other documents announced by the Minister of Environment as being recognized necessary for
authentication of new technologies
or verification of technologies.
[This Article Wholly Amended by Presidential Decree No. 20165, Jul. 4, 2007]
Article 18-2 Deleted.
1. Novelty : Technologies, firstly developed at home, in method of construction in the environmental
field, or digested and improved
by introduction of main parts of domestic and foreign technologies,
and technologies related thereto;
2. Excellency in technical performance : Technologies with technical efficiency, perfectness, importance
and possibilities; and
3. Excellency in application to the field : Technologies with economical efficiency, safety and convenience
in the maintenance and
management compared with the existing technologies.
[This Article Newly Inserted by Presidential Decree No. 20165, Jul. 4, 2007]
Article 18-4 (Method of and Procedure for Appraisal of Authentication of New Technologies or Verification of
Technologies)
(1) The Minister of Environment shall, when he/she has received an application for authentication
of new technology or verification
of technology under Article 18, publicly announce the main contents
of applied technology on its internet homepage, etc. for not
less than 30 days to hear the opinion
of the persons interested.
(2) The Minister of Environment shall conduct the appraisal of authentication of new technologies
or verification of technologies
under Article 7 (1) of the Act after hearing the opinion of the persons
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
78
interested under paragraph (1).
(3) Appraisal of authentication of new technologies under paragraph (2) shall be based on investigation
in the field (referring
to ascertainment as to whether the contents of technology and applicability in
the field are identical with the contents of an application;
hereinafter the same shall apply) and examination
of documents, and appraisal of verification of technologies shall be based on
investigation in the field,
examination of documents, appraisal in the field (referring to appraisal of the performance of the facilities
through test and analysis, etc. of the facilities installed in the field subject to appraisal for a given
period; hereinafter the
same shall apply) and comprehensive appraisal.
(4) Procedures for investigation in the field, examination of documents, appraisal
in the field and compre-
hensive appraisal under paragraph (3) and other necessary matters shall be determined and announced
by
the Minister of Environment.
[This Article Newly Inserted by Presidential Decree No. 20165, Jul. 4, 2007]
Article 18-5 (Public Announcement and Management of
Authentication of New Technologies or Verification of
Technologies)
(1) The Minister of Environment shall, when he/she has issued a note of authentication of new technology
or a note of verification
of technology under Article 7 (2) of the Act after appraisal of authentication
of new technology or verification of technology under
Article 18-4 (2), publicly announce the contents
of authentication or verification through Internet homepage, etc., and notify the
Environmental Institute
of the details related to the authentication or verification.
(2) The head of the Environmental Institute
shall, when he/she has been notified of the issuance of
a note of authentication of new technology or a note of verification of
technology under paragraph
(1), keep the details of such issuance for six years.
[This Article Newly Inserted by Presidential Decree
No. 20165, Jul. 4, 2007]
Article 19 (Small and Medium Enterprises in Environmental Field)
(1) Deleted.
(4) Where a business operator who has established and operates the environmental facilities pursuant
to the provisions of Article
7-2 (3) of the Act intends to utilize the new technology, the Minister
of Environment may support the funds necessary for the utilization
of the new technology to the
relevant business operator.
4. Enforcement Decree of the Development of and Support for Environmental Technology Act
79
(3) A person who intends to obtain extension of the term of validity under Article 7-3 (2) of the
Act shall file an application
for extension of the term of validity of authentication of new technology
(hereinafter referred to as the "application for extension")
including the following documents to the
Minister of Environment not later than 120 days prior to expiry of the term of validity.
1. Documents stating the improved matters after the certification of new technology;
2. Documents stating the records of utilization in and outside our country and the results of application,
etc. after the certification
of new technology; and
3. Documents stating the current status of development of similar technology and its technology level.
(4) The Minister of Environment
shall, when he/she has received an application for extension of the
term of validity of authentication of new technology under paragraph
(3), determine as to whether
the term of validity will be extended through the appraisal of the matters of the following subparagraphs:
1. Results of utilization from the authentication of new technology to the time when extension of
the term of validity is applied;
2. Whether performance of technology is satisfactory compared with at the time of authentication
of new technology after the application
of new technology;
3. Whether economical efficiency, safety, eco-friendliness, convenience in maintenance and administration
are satisfactory compared
with at the time of authentication after the application of new technology;
and
4. Whether the related Acts and subordinated statutes are obeyed.
(5) Appraisal for extension of the term of validity under paragraph
(4) shall be based on investigation
in the field and examination of documents.
(2) The Minister of Environment shall, when he/she cancels authentication of new technology or verification
of technology under
Article 7-4 of the Act, publicly announce the matters of the following subparagraphs:
1. Issue number of a note of authentication of new technology or a note of verification of technology;
2. Name of technology;
3. Technology holder; and
4. Scope of new technology.
[This Article Newly Inserted by Presidential Decree No. 20165, Jul. 4, 2007]
Article 20 (Designation
and Operation of Environmental Technology Development Center)
(1) Institutions and organizations falling under each of the following
subparagraphs may be designated
as environmental technology development centers under Article 10 (1) of the Act:
1. National and public research institutions or research institutions subject to the application of
the Support of Specific Research
Institutes Act;
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
80
2. Schools established under Article 2 of the Higher Education Act;
3. The Environmental Management Corporation;
4. Corporations set up on approval of the Minister of Environment for the purpose of developing
the environmental technology; and
5. Institutions and organizations which are consistent with the standards prescribed by the Minister
of Environment from among institutions
and organizations that professionally conduct the research
on the development of the environmental technology.
(2) The Minister
of Environment may ask any environmental technology development center to furnish
necessary data under the conditions as prescribed
by Ordinance of the Ministry of Environment for
the purpose of efficiently operating such center and providing necessary support
to such center.
Article 21 (Facilities Subject to Technical Support)
(1) Facilities subject to technical support under Article
12 of the Act shall be as follows:
1. Facilities installed to prevent or reduce environmental pollution in the course of production activities;
2. Facilities installed to prevent environmental pollution, which are in need of technical support because
of a lack of technical
capability to operate and manage such facilities;
3. Facilities which have been operated in excess of the permissible discharge standards under Article
16 of the Clean Air Conservation
Act, Article 32 of the Water Quality and Ecosystem Conservation
Act or Article 8 of the Noise and Vibration Control Act, the discharged
water quality standards
under Article 7 of the Sewerage Act or Act 13 of the Act on the Management and Use of Livestock
Excreta
not less than three times within two years, and are designated by the head of a local
government, the head of the basin environmental
office or the head of the regional environmental
office as being in need of technical support to attain the effect of environmental
improvement;
and
4. Facilities subject to the survey of the discharged amount of chemical substances under Article
14 of the Toxic Chemicals Control
Act.
(2) Any person who intends to get technical support for the facilities subject to the technical support
under paragraph (1) shall
file an application thereof with the Minister of Environment.
(3) The Minister of Environment shall, upon receiving an application
for technical support under paragraph
(2), decide on a technical support plan taking into account the characteristics of the facilities
subject
to the technical support and serve a notice therof to the applicant by 7 days prior to the date on
which the technical
support commences. In this case, in deciding on the technical support plan, the
Minister of Environment may, where it is deemed
necessary in the light of the type and characteristics
of the facilities subject to the technical support, consult with the head
of a local government concerned,
the head of the basin environmental office, the head of the regional environmental office, the
environmental
technology development center established in accordance with Article 10 of the Act or relevant specialized
institutions.
4. Enforcement Decree of the Development of and Support for Environmental Technology Act
81
(5) The scope of expenses for the technical support which a person who benefits from the technical
support has to bear under Article
12 (3) of the Act shall be personnel expenses, travel expenses and
other expenses required for analyzing sample and such scope shall
be determined taking into account
the type and scale of facilities subject to the technical support and the support period, etc.:
Provided,
That expenses for the technical support provided to any small and medium company under Article
2 of the Framework Act
on Small and Medium Enterprises shall be expenses required for analyzing
sample.
Articles 21-2 and 21-3 Deleted.
1. Inspection agents under Article 15 of the Act;
2. Measurement agents under Article 17 of the Act;
3. Specialized analysis institutions, inspection institutions and measurement institutions provided for
in the provisions of Articles
19 (1) 2, 30 (1) and 31 (2) of the Wastes Control Act;
4. Pollution-level inspection institutions under Article 22 (2) of the Enforcement Decree of the Clean
Air Conservation Act;
4-2. Inspection institutions of pollution level of indoor air quality under Article 13 (2) of the Indoor
Air Quality Control in
Public Use Facilities, etc. Act;
5. Drinking water quality inspection institutions under Article 43 of the Management of Drinking
Water Act;
6. Specialized institutions related to soil under Article 23-2 (1) of the Soil Environment Conservation
Act;
6-2. Institutions established to inspect pollution levels under Article 68 (2) of the Water Quality and
Ecosystem Conservation Act;
7. Inspection stations under the proviso to Article 45 (1) of the Enforcement Decree of the Petroleum
and Petroleum Substitute Fuel
Business Act with the exception of subparagrahs;
8. Malodor inspection institutions under Article 18 (1) of the Malodor Prevention Act; and
9. Institutions or organizations which the State or local governments entrust with the work of experimenting
and analyzing the air,
water quality, drinking water, noise and vibration, etc.
Articles 22-2 and 22-3 Deleted. 1. Technological manpower of exclusive charges:
(a) Atmosphere fields: Four persons or more;
(b) Water quality fields: Four persons or more; and
(c) Noise and vibration fields: Three persons or more; and
2. Test apparatus capable of making a measurement and analysis of pollutants of water quality [limited
Reproduced from statutes of
Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
82
to water quality field, and where concluding a contract for joint use or for vicarious execution
of measurement and analysis with
the person possessing the same test apparatus (excluding other
preventive facilities businessmen), it shall be deemed to have equipped
with the same test apparatus].
(2) Detailed criteria for the qualifications of technological manpower of exclusive charges and test
apparatus under each subparagraph of paragraph (1) shall be provided by Ordinance of the Ministry
of Environment.
[This Article Newly Inserted by Presidential Decree No. 18880, Jun. 23, 2005]
Article 22-5 (Alteration of Registration Matters of
Preventive Facilities Business)
The term "matters prescribed by Presidential Decree" in the latter part of Article 18 (1) of the
Act
shall be as follows:
1. Representative or title;
2. Location of business places;
3. Location of test apparatus (limited to water quality field);
4. Matters of concluding a contract for a joint use of test apparatus or a vicarious execution of measurement
and analysis (limited
to the case where concluding a contract for a joint use of test apparatus
or a vicarious execution of measurement and analysis);
and
5. Technological manpower of exclusive charges.
[This Article Newly Inserted by Presidential Decree No. 18880, Jun. 23, 2005]
Article
22-6 (Preferential Steps for Environment-Friendly Companies)
The term "other preferential steps prescribed by Presidential Decree"
in Article 19-2 (5) 3 of the
Act means funds and technical support needed to improve the environment of places of work.
[This Article Newly Inserted by Presidential Decree No. 18157, Dec. 11, 2003]
Article 22-7 (Designation Revocations of Environment-Friendly
Companies)
The term "case where any company is prescribed by Presidential Decree as being not suitable for
an environment-friendly
company for its violation of Acts and subordinate statutes governing environment"
in subparagraph 3 of Article 19-3 of the Act means
the case falling under each of the following subparagraphs:
1. Where the company has been subject to the disposition falling under any of the following items,
to the punishment of a fine of
one million won or more, or to the sentence of imprisonment without
prison labor for violating the Acts falling under any of the
following items: Provided, That any
company that has been subject to the disposition falling under each of the following items,
but
is recognized by the Minister of Environment as having not polluted surrounding environment
shall be excluded:
(a) An order issued to make any improvement, an order issued to halt any operation, a disposition
taken to revoke any permission,
a disposition taken to impose any penalty surcharge, an order
issued to halt any use or an order issued to shut down any business
provided for in the provisions
of Articles 33, 34, 36, 37 or 38 of the Clean Air Conservation Act;
(b) An order issued to take
measures to prevent any disaster, an order issued to make any improvement,
an order issued to halt any operation, a disposition
taken to revoke any permission, an order
issued to discontinue any use or an order issued to shut down any business provided for
in the provisions of Article 15 (3), 39, 40, 42 or 44 of the Water Quality and Ecosystem Conservation
Act;
. General
4. Enforcement Decree of the Development of and Support for Environmental Technology Act
83
(c) An order given to make improvements, an order given to halt operation, a disposition taken
to revoke a license, an order given
to halt using or an order given to shut down under the
provisions of Articles 15, 16, 18 and 19 of the Noise and Vibration Control
Act;
(d) A disposition taken to revoke any permission, an order issued to halt any business or an order
issued to take measures
provided for in the provisions of Article 27 or 48 of the Wastes Control
Act;
(e) An order issued to halt sales, an order issued to halt any use, an order issued to make any
improvement, an order issued to
halt any business, a disposition taken to revoke any registration
and a disposition taken to revoke any permission provided for
in the provisions of Article
16, 23, 27 or 36 of the Toxic Chemicals Control Act;
(f) An order issued to make any improvement,
an order issued to halt any business, a disposition
taken to revoke any permission or a disposition taken to impose any penalty
surcharge provided
for in the provisions of Article 14-2 or 37 of the Act on the Disposal of Sewage, Excreta
and Livestock Wastewater;
(g) An order given to halt operation or an order given to restore to the original state under the
provisions of Article 17 of the
Natural Environment Conservation Act;
(h) An order given to take measures or to halt using under the provisions of Articles 14 (1)
and
(3) and 15 (3) of the Soil Environment Conservation Act;
(i) An order given to take measures and an order given to halt work
under the provisions of
Articles 26 and 28 (2) of the Act on Assessment of Impacts of Works on Environment, Traffic
and Disasters,
etc.; and
(j) An order given to make improvements, to halt using or to close down under Articles 10, 11
and 13 of the Malodor Prevention Act;
1-2. Where the designation as any environment-friendly enterprise is not revoked pursuant to the
provisions of the proviso of subparagraph
1, but it has been subject to the disposition falling under
each item of the same subparagraph for not less than 3 times for 2 years;
2. Where the location is changed following the relocation of workplace; and
3. Other case that is prescribed by Ordinance of the Ministry of Environment as being corresponding
to subparagraphs 1 and 2.
[This Article Newly Inserted by Presidential Decree No. 18157, Dec. 11, 2003]
Article 22-8 (Registration Standards for Environment
Consulting Companies)
(1) The manpower requirements provided for in the provisions of the former part of Article 19-4
(1) of the
Act with the exception of each subparagraph are as shown in the attached Table.
(2) The term "important matters that are prescribed
by Presidential Decree" in the latter part of Article
19-4 (1) of the Act with the exception of each subparagraph means any of the
following subparagraphs:
1. Change in the firm name or the location of the business place;
2. Changes in the representative and officers;
3. Change in the technical manpower; and
4. Change in the purpose of the business (referring to the purpose of the business that is entered
in the articles of incorporation).
(3) The registration of any change referred to in the provisions of paragraph (2) shall be made within
30 days from the date on
which the grounds of such change accrue.
[This Article Newly Inserted by Presidential Decree No. 19574, Jun. 29, 2006]
Article
23 (Application for Certifying Environmental Marks)
(1) Any person who intends to get a certification of environmental marks under
Article 20 (2) of the
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
84
Act shall file with the Minister of Environment an application thereof, appended by data falling under
each of the following subparagraphs:
1. Data pertaining to the relation of his goods to environment;
2. Data pertaining to the quality of his goods; and
3. Data attesting the conformity of his goods to the certification standards according to type of goods
subject to environmental
marks under Article 20 (3) of the Act.
(2) The Minister of Environment shall, when he gives a certification of environmental marks,
award
such certification to an applicant, expressly giving reasons thereof.
Article 24 (Selection of Goods Subject to Environmental
Marks)
(1) Any person who intends to propose selecting his goods as goods subject to a certification of environmental
marks under
Article 20 of the Act (hereinafter referred to as "goods subject to environmental marks")
shall file a written proposal for such
selection with the Minister of Environment.
(2) Foods under the Food Sanitation Act, medical supplies and non-pharmaceutical drugs
under the
Pharmaceutical Affairs Act, agricultural chemicals under the Agrochemicals Control Act and wooden
wares designated as
forest products under the Creation and Management of Forest Resources Act shall
not be selected as goods subject to environmental
marks.
(2) The Minister of Environment shall, when he abolishes the selection of goods as goods subject
to environmental marks under paragraph
(1), publish such abolishment.
Article 25-2 (Report on Change in Certification Agency)
The term "matters that are prescribed by
the Presidential Decree" in Article 21 (6) of the Act means
the matters falling under any of the following subparagraphs:
1. The location of the certification agency;
2. The name of the certification agency; and
3. The representative of the certification agency.
[This Article Newly Inserted by Presidential Decree No. 19574, Jun. 29, 2006]
Article 26 (Selection and Abolishment of Goods Subject to Environmental Grade Marks)
(1) Any person who intends to propose selecting
his materials and goods as materials and goods subject
to a certification of environmental grade marks under Article 23 (1) of the
Act (hereinafter referred
to as "goods subject to environmental grade marks") shall file a written proposal for such selection
with the Minister of Environment.
(2) The Minister of Environment shall examine the contents that are proposed pursuant to the provisions
of paragraph (1) and decide
on whether to select the manufactured goods subject to environmental grade
marks, and establish guideline for making the environmental
grade marks regarding the method of
assessing and marking environmental grades for the selected manufactured goods that are subject
to the environmental grade marks, and publish such guideline.
(3) The provisions of Article 25 shall apply mutatis mutandis to the abolishment of the selection of
goods subject to environmental
grade marks. In this case, the "goods subject to environmental marks"
shall be deemed as the "goods subject to environmental grade
marks".
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4. Enforcement Decree of the Development of and Support for Environmental Technology Act
85
Article 27 (Qualification Standards for Certification Examiners)
(1) Any person falling under each of the following subparagraphs
shall be qualified as a certification
examiner under Article 24 (2) of the Act: 1. A person who has undergone the training provided for in Article 24 (1) of the Act and for whom
3 years have yet to elapse from
the date on which he completed the training; and
2. A person who has a career record published by the Minister of Environment after having completed
the subject of study that the
Minister of Environment has prescribed and published taking into
account kinds and features of goods subject to environmental grade
marks and graduated from
college.
(2) The Minister of Environment shall, where any person, who meets qualification requirements of
paragraph (1), files an application,
award him an examiner certificate of the environmental grade marks
certification.
Article 27-2 (Operational Regulations)
Matters to be contained in the regulations necessary for the work of certification or training under
Article 24-2 (2) of the Act
shall be as follows:
1. Matters to be contained in the regulations necessary for the work of certification:
(a) Matters concerning procedures and ways
for certifying environmental marks provided for in
Article 20 of the Act or environmental grade marks provided for in Article 21
of the Act
(hereinafter referred to as "environmental marks, etc.");
(b) Matters concerning the certification period of the environmental
marks, etc. and the post manage-
ment of certified goods; and
(c) Other matters that are recognized by the Minister of Environment as being necessary to certify
the environmental marks, etc.;
and
2. Matters to be contained in the regulations necessary for the work of training:
(a) Matters concerning procedures for applying
for the training and ways for assessing the training;
(b) Matters concerning the personnel management of those who have completed
the training; and
(c) Other matters that are recognized by the Minister of Environment as being necessary for the
training of certification
examiners.
[This Article Newly Inserted by Presidential Decree No. 18157, Dec. 11, 2003]
Article 28 (Reasons for Cancellation of Certification
of Environmental Marks, etc.)
(1) The term "cases where it is prescribed by Presidential Decree that there are other reasons inappropriate
for certification of environmental mark" in Article 26 (1) 4 of the Act means the cases falling under
any of the following subparagraphs:
1. In cases where manufacturing of the products which have obtained certification of environmental
mark has been suspended actually
due to dishonor, discontinuance of business and other similar
reasons; and
2. In cases where the products inappropriate for the criteria of certification under Article 20 (3) of
the Act have been distributed.
(2) The term "cases where it is prescribed by Presidential Decree that there are other reasons inappropriate
for certification of
environmental grade mark" in Article 26 (2) 4 of the Act means the cases falling
under any of the following subparagraphs:
1. In cases where manufacturing of the products which have obtained certification of environmental
grade mark has been suspended
actually due to dishonor, discontinuance of business and other
similar reasons; and
2. In cases where materials and products different from the contents of certification under Article
23 (3) of the Act have been distributed.
[This Article Newly Inserted by Presidential Decree No. 20165, Jul. 4, 2007]
Article 28-2 (Announcement of Cancellation of Authentication
of Environmental Marks, etc.)
The Minister of Environment shall, when he/she has cancelled certification of environmental mark,
Reproduced from statutes of Republic of Korea
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86
etc., announce the matters falling under any of the following subparagraphs under Article 26 (4) of
the Act: 1. Name of materials or products certification of which have been cancelled;
2. Manufacturing company or manufacturer of materials or products certification of which have been
cancelled;
3. Reasons of cancellation of certification; and
4. Date when certification has been cancelled.
Article 28-3 (Support for Mutual Recognition of Environmental Marks, etc. Between
Countries)
(1) The Government may, if it enters into an agreement on the mutual recognition of the environmental
marks, etc. with
any foreign government in accordance with Article 27-2 of the Act, insert a clause
in such agreement that equalizes the effect of
any certification granted by any certification institution
of the country of such foreign government with respect to the environmental
marks, etc. with that
of any certification granted under this Act.
(2) The Minister of Environment shall, if he intends to enter into an agreement referred to in paragraph
(1), consult in advance
with the heads of central administrative agencies concerned thereabout.
[This Article Newly Inserted by Presidential Decree No.
18157, Dec. 11, 2003]
Article 29 (Use of Fees, etc.)
The term "expenses prescribed by Presidential Decree" in Article 28 (2) of the Act means expenses
required to test and inspect goods
certificated to carry environmental marks, etc. and make post management,
etc.
Article 30 (Standards for Collecting Fees, etc.)
(1) The application fees as prescribed in Article 28 (3) of the Act shall be based on expenses required
to examine applications
for certifications of environmental marks, etc. and the Minister of Environment
shall set the usage fees on the basis of kinds,
unit prices, endurance periods and sales, etc. of materials
or goods after listening to opinions of institutions authorized to perform
the work of awarding certifications
of environmental marks, etc. or institutions entrusted with the work of awarding certifications
of environmental
marks, etc., persons who have been awarded certifications of environmental marks, etc. or other interested
persons.
(2) The Minster of Environment shall, when he sets the application fees and usage fees in accordance
with paragraph (1), publish
them.
Article 31 Deleted. 1. The future medium-and long-term supply-demand of the environmental technology manpower;
2. A plan for training and securing the environmental technology manpower;
3. A plan for providing education and technical training with respect to the environmental technology;
and
4. Matters relating to the attraction and utilization of the environmental technology manpower.
Article 33 (Delegation and Entrustment)
(1) The Minister of Environment shall delegate his authority for imposing and collecting the fine for
negligence under Article 41
(1) 5 of the Act (limited to the persons falling under Article 32 (2) 6
of the Act, who have refused, obstructed or evaded the request,
etc. for presentation of data by the
Minister of Environment) to the Mayor/Do governor in accordance with Article 35 (1) of the
Act.
4. Enforcement Decree of the Development of and Support for Environmental Technology Act
87
1. The authority to take the disposition to register the environmental consulting company, etc., change
its registration, revoke
its registration and suspension of providing support provided for in the
provisions of Articles 19-4 (1) and 19-6 of the Act;
2. The authority to hold hearings provided for in the provisions of subparagraph 3-2 of Article 34
of the Act; and
3. The authority to impose and collect the fine for negligence to and from anyone pursuant to the
provisions of Article 41 (1) 5
of the Act [limited to anyone who falls under Article 32 (2) 1
and 7 of the Act and who rejects, obstructs or dodges the request,
etc. for submitting material
from the Minister of Environment].
(3) The Minister of Environment shall delegate his authority falling under each of the following
subparagraphs to the president
of the National Institute of Environmental Research in accordance with
the provisions of Article 35 (1) of the Act:
1. through 6. Deleted; 7. The precision management of measurement and analysis institutions under Article 16 (1) of the Act
and order given for improvement
and supplementation under paragraph (2) of the same Article;
and
8. and 9. Deleted.
1. Receipt of application under Article 18;
2. Public announcement and reference of opinion to the persons interested, etc. under Article 18-4
(1);
3. Appraisal of and certification of new technologies or verification of technologies under Article 18-4
(2);
4. Receipt and appraisal of application for extension under Article 19-4 (3) and (4); and
5. Investigation in the field and examination for cancellation of certification of new technologies or
verification of technologies
under Article 19-5 (1) and (2).
(6) The Minister of Environment shall entrust the head of Environmental Management Corporation with
the affairs of the following subparagraphs under Article 35 (2) 2 and 3 of the Act:
1. Affairs of support of environmental technologies and affairs of support of necessary expenses under
Article 12 of the Act; and
2. Affairs of diagnosis of technologies and affairs of support of necessary expenses under Article
13 of the Act.
(7) The Minister of Environment shall entrust to the president of Korea Environment and Resources
Corporation under the Korea Environment
and Resources Corporation Act with affairs of diagnosis
of technologies and affairs of support of the necessary expenses as prescribed
by Article 13 of the
Act in accordance with Article 35 (2) 3 of the Act.
(8) The term "institution or organization prescribed by Presidential Decree" in Article 35 (2) 4 of
the Act means the Korea Eco-Products
Institute under Article 13 of the Promotion of Purchase of
Environment-Friendly Products Act.
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88
Act on Environmental Policy.
(3) In determining the amount of a fine for negligence, the Minister of Environment or the Mayor/Do
governor shall take into account
the motive of the act of violation and its consequences, etc.
(4) Procedures for collecting the fine for negligence shall be determined by the Ordinance of the Ministry
of Environment.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force from the date of its promulgation: Provided, That matters concerning
the environmental grade
marks in the amended provisions of Articles 26, 27, 33 (6), 28 through 30 and
34 shall enter into force on February 4, 2001.
Article 2 (Transitional Measures concerning Disposition, etc.)
Any disposition taken and any act performed by the Minister of Environment
and other administrative
agencies or any application filed, any registration made, any act performed with or against the Minister
of Environment and other administrative agencies under the previous provisions at the time that this
Decree enters into force shall
be deemed to be taken and performed by the administrative agencies concerned
or filed, made and performed with or against such administrative
agencies under the provisions of
this Decree.
Article 3 Omitted.
Article 4 (Relation with Other Acts and Subordinate Statutes)
Where other Acts and subordinate statutes cite the provisions of the
Enforcement Decree of the Development
of and Support for Environment Technology Act at the time when this Decree enters into force,
they
shall be deemed to cite the corresponding provisions, if any, of this Decree.
ADDENDA
This Decree shall enter into force on July 17, 2001.
Articles 2 through 4 Omitted.
ADDENDA
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
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4. Enforcement Decree of the Development of and Support for Environmental Technology Act
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ADDENDA
This Decree shall enter into force on the date of its promulgation.
Article 2 (Application Example concerning Method of Evaluating
Environmental Technology)
The amended provisions of Article 18 (5) and (6) shall apply, starting with the evaluation of any
environmental
technology for which an ap-
plication is filed first after the enforcement of this Decree.
Article 3 (Application Example concerning Standards for Qualifications
of Certification Examiners)
The amended provisons of Article 27 (1) 1 shall apply, starting with any certification examiner who
undergoes the training first after the enforcement of this Decree.
Article 4 (Transitional Measures concerning Institution in Charge
of General Administration of Development Projects)
Every institution in charge of general administration of development projects
provided for in the previous
provisions at the time of enforcement of this Decree shall be deemed a specialized institution in charge
of administration of development projects provided for in the amended provisions of Article 10 (1).
Article 5 Omitted.
ADDENDUM
This Decree shall enter into force on July 1, 2004.
Article 2 Omitted.
ADDENDA
This Decree shall enter into force on February 10, 2005.
Article 2 Omitted.
ADDENDA
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA
This Decree shall enter into force on July 1, 2005.
Article 2 Omitted.
ADDENDUM
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA
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90
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDA
This Decree shall enter into force on July 1, 2006.
Article 2 (Application Example concerning Revocations of Designations of Environment-Friendly
Enterprises)
The amended provisions of subparagraph 1-2 of Article 22-7 shall apply starting with the case where
the requirements
that are prescribed pursuant to the same subparagraph are first violated after the
enforcement of this Decree. In this case, the
disposition falling under any of the items of subparagraph
1 of the same Article, which is first taken after the enforcement of
this Decree, shall be deemed the
first disposition.
Article 3 (Transitional Measures concerning Written Designation of New Environmental Technology or Written
Environmental Technology
Verification)
Anyone who has received the written designation of the new environmental technology or the written
environmental technology verification
pursuant to the previous provisions at the time of the enforcement
of this Decree shall be deemed to receive the written new technology
certification or the written
technology verification provided for in the amended provisions of Article 18 (4) and the valid period
of the new environmental technology shall be deemed the valid period of the new technology certification
provided for in the amended
provisions of Article 19-4 and the valid period shall be added up from
the date on which it is designated pursuant to the provisions
of the previous provisions.
Article 4 (Transitional Measures concerning Change in Specialized Institution for Evaluating Environmental
Technology)
The environmental technology evaluation, etc. that are performed by the Environmental Management
Corporation or the
act of filing an application with the Environmental Management Corporation for
the environmental technology evaluation pursuant
to the previous provisions at the time of the enforcement
of this Decree shall be each deemed to be performed by the President of
the Korea Institute of Environment
Science and Technology and to be the act of filing an application with the President of the Korea
Institute of Environmental Science and Technology pursuant to the amended provisions of Article
19.
Article 5 Omitted.
ADDENDA
This Decree shall enter into force on August 5, 2006.
Articles 2 through 6 Omitted.
ADDENDA
This Decree shall enter into force on October 29, 2006.
Articles 2 through 6 Omitted.
ADDENDUM
This Decree shall enter into force on the date of its promulgation.
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4. Enforcement Decree of the Development of and Support for Environmental Technology Act
91
Articles 2 and 3 Omitted.
ADDENDA
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA
This Decree shall enter into force on September 28, 2007.
Articles 2 through 5 Omitted.
ADDENDA
This Decree shall enter into force on October 5, 2007. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
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