Home | Databases | WorldLII | Search | Feedback Laws of the Republic of Korea

ENFORCEMENT DECREE OF THE FRAMEWORK ACT ON LOW CARBON, GREEN GROWTH

the Framework Act on Low

Carbon, Green Growth

88 Ministry of Government Legislation

Framework Act and its Presidential Decree on Low Carbon, Green Growth in Korea 89 Ministry of Government Legislation

Enforcement Decree of the Framework Act on Low Carbon, Green Growth Ex officio members of the Presidential Committee on Green Growth shall be the Minister of Strategy and Finance, Minister of Education, Science and Technology, Minister of Foreign Affairs and Trade, Minister of Public Administration and Security, Minister of Culture, Sports and Tourism, Minister for Food, Agriculture, Forestry and Fisheries, Minister of Knowledge Economy, Minister of Environment, Minister of Gender Equality and Family, Minister of Land, Transport and Maritime Affairs, Chairman of the Korea Communications Commission, Chairman of the Financial Services Commission and the Minister of the Prime Minister's Office, while the Minister of the Prime Minister's Office shall serve as the secretary thereof.

The Presidential Committee on Green Growth shall have subcommittees in charge of green growth and industries, climate change and energy, and green life and sustainable development, etc. C. Establishment, etc. of green industries investment companies (Articles 16 and 17)

A green industries investment company shall be required to invest no less than sixty-hundredths of its total shareholdings in other companies, total amount in trust, or capital stock in green technology and green industries. In consideration of conformity of its business, etc., public institutions may render support therefor. D. Certification of conformity of green technology and green projects, and accreditation of specialized green enterprises (Article 19)

Any person, who seeks certification of conformity of green technology and green projects or accreditation of specialized Grounds for Enforcement Decree of the

Framework Act on Low Carbon,

Green Growth and its Major Provision

In line with enactment of the Framework Act on Low Carbon, Green Growth (Act No. 9931; promulgated on January 13, 2010; and enforced on April 14, 2010) in order to pursue development of the national economy and realize low carbon society by laying the groundwork for low carbon, green growth and developing green technology and green industries as new growth drivers, the Enforcement Decree is designed to provide for matters delegated by the Act and matters necessary for enforcement thereof including establishment of central and local action plans, operation of the Presidential Committee on Green Growth, establishment of and support for green industries investment companies, control of targets regarding greenhouse gases and energy, and control of the quantity of greenhouse gases emitted and the quantity of energy consumed in each area including transport and architecture, etc.

A. Establishment of a five-year plan for the national strategy for green growth (Article 4)

The government may formulate a five-year plan for the national strategy for green growth every five years so as to efficiently and systematically implement the national strategy.

B. Composition, etc. of the Presidential Committee on Green Growth (Articles 10 and 13)

1. Grounds for Enactment

2. Major Provisions 90 Ministry of Government Legislation

Framework Act and its Presidential Decree on Low Carbon, Green Growth in Korea 91 Ministry of Government Legislation

G. Establishment and attainment, etc. of greenhouse gas reduction and energy saving targets by central administrative agencies, etc. (Articles 27 and 28)

The heads of central administrative agencies, local governments, and public institutions shall establish and carry out a performance plan to accomplish their targets regarding greenhouse gas reduction and energy saving. The Prime Minister may take necessary measures, depending on the findings of performance assessment. H. Designation and management, etc. of controlled entities regarding greenhouse gas emission and energy consumption (Articles 29 through 34 and attached Tables 2 through 5) Standards for designation of entities which must be subject to governmental control concerning emission of greenhouse gases and consumption of energy shall be determined as follows: - Entity of which the total annual average quantity of greenhouse gases emitted, and energy consumed, at all its places of business for the past three years meets the standards of no less than 125,000 tons and 500 terajoules in 2011 respectively; the scope of application is to be widened annually; and

- Entity's place of business of which the total annual average quantity of greenhouse gases emitted and energy consumed for the past three years meets the standards of no less than 25,000 tons and 100 terajoules in 2011 respectively; The scope of application is to be widened annually.

Competent agencies by area shall establish and control the targets of controlled entities concerning greenhouse gas reduction, energy saving, and energy efficiency. The Greenhouse Gas Information Center which receives performance reports shall manage the register, etc. Enforcement Decree of the Framework Act on Low Carbon, Green Growth green enterprises, shall make an application therefor to the head of the central administrative agency concerned. In addition, the procedures, etc. thereof are provided for.

E. Establishment and management of national targets for greenhouse gas reduction (Article 25)

The target for greenhouse gas reduction shall be a reduction in total national greenhouse gas emissions in 2020 by thirty-hundredths from the business-as-usual projection for 2020.

F. Principles and role of control of targets for greenhouse gases and energy (Article 26)

The Minister of Environment shall oversee and coordinate the establishment and control of targets for greenhouse gas reduction as well as necessary measures. In consideration of integration and connection of the control of targets for greenhouse gases and energy, conditions of domestic industries, advancement of applicable regulations, etc., comprehensive standards and guidelines regarding establishment and control of such targets shall be formulated and publicly announced.

Competent agencies by area (Ministry for Food, Agriculture, Forestry and Fisheries: agriculture and livestock farming; Ministry of Knowledge Economy: industries and power generation; Ministry of Environment: wastes; and Ministry of Land, Transport and Maritime Affairs: buildings and transport) shall oversee establishment and control of targets as well as necessary measures for each area of jurisdiction.

92 Ministry of Government Legislation

Framework Act and its Presidential Decree on Low Carbon, Green Growth in Korea 93 Ministry of Government Legislation

buildings, the Minister of Land, Transport and Maritime Affairs may establish implementation plans therefor, and formulate detailed standards for reduction of energy consumption and greenhouse gas emissions when necessary.

Enforcement Decree of the Framework Act on Low Carbon, Green Growth I. Establishment and management of the national integrated information management system for greenhouse gases (Article 36)

The Greenhouse Gas Information Center shall be set up under the Minister of Environment in order to establish and manage the national integrated information management system for greenhouse gases. The Minister of Environment shall verify the information and statistics on greenhouse gases, and externally maintain the status as a national integrated information manager on greenhouse gases.

J. Management of the standards for average energy consumption efficiency of automobiles and allowable exhaust emissions of greenhouse gases from automobiles (Article 37) The Minister of Knowledge Economy and the Minister of Environment shall respectively determine the standards for average energy consumption efficiency of automobiles and the standards for allowable exhaust emissions of greenhouse gases from automobiles. In consideration of measurement methods and procedures, unification of applicable sanctions, etc., the Minister of Environment shall formulate the standards, etc. whereby automakers may selectively comply with the standards for efficiency of average energy consumption of automobiles and the standards for allowable exhaust emissions of greenhouse gases from automobiles, based on consultation with the Minister of Knowledge Economy. K. Standards, etc. for green buildings (Article 42) In order to establish and control the targets for reduction of the quantity of energy consumed, and greenhouse gases emitted, by 94 Ministry of Government Legislation

Framework Act and its Presidential Decree on Low Carbon, Green Growth in Korea 95 Ministry of Government Legislation

"Modifications to minor matters prescribed by Presidential Decree" as provided in the proviso of Article 9(3) of the Act mean partial changes to matters concerning composition and details of practical tasks and detailed tasks, annual action plans, agencies in charge, or related agencies, etc. within the scope of the direction of applicable policies, which do not affect the essential contents of the national strategy for low carbon, green growth (hereinafter referred to as "national strategy") according to Article 9(1) thereof.

The Government may establish a five-year plan for the national strategy for low carbon, green growth (hereinafter referred to as "five- year plan") every five years in order to implement the national strategy in an efficient and systematic manner. In such case, such plan shall undergo deliberation by the Presidential Committee on Green Growth (hereinafter referred to as "Committee") as provided in Article 14 of the Act as well as deliberation by the State Council. (1) According to Article 10(1) of the Act, the head of each central administrative agency shall establish, every five years, an action plan for matters under his/her jurisdiction including each of the following (hereinafter referred to as "central action plan") within three months from the date of establishment or modification of the national strategy or five-year plan in order to implement the national strategy and five-year plan:

CHAPTER 2

National Strategy for Low Carbon,

Green Growth

Article 3

Modification of

National Strategy for

Low Carbon, Green

Growth

Article 4

Establishment of

Five-Year Plan for

National Strategy for

Low Carbon, Green

Growth

Article 5

Establishment of

Central Action Plans

Enforcement Decree of the Framework Act on Low Carbon, Green Growth The purpose of this Decree is to provide for matters delegated by the Framework Act on Low Carbon, Green Growth as well as matters necessary for enforcement thereof.

Hydrofluorocarbons (HFCs) and perfluorocarbons (PFCs) as provided in Subparagraph 9 of Article 2 of the Framework Act on Low Carbon, Green Growth (hereinafter referred to as "Act") shall be specified in the attached Table 1.

CHAPTER 1

General Provisions

Article 1

Purpose

Article 2

Greenhouse Gases

96 Ministry of Government Legislation

Framework Act and its Presidential Decree on Low Carbon, Green Growth in Korea 97 Ministry of Government Legislation

applicable policies, which do not affect the essential contents of a central action plan.

(1) According to Article 11(1) of the Act, the Special Metropolitan City Mayor, each Metropolitan City Mayor, each Do Governor, or the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") shall establish, every five years, a local action plan for green growth (hereinafter referred to as "local action plan") including each of the following within six months from establishment or modification of the national strategy and five- year plan:

1. Status analysis, developments, and progress in connection with pursuit of green growth by the Special Metropolitan City, each Metropolitan City/Do, or the Special Self-Governing Province (hereinafter referred to as "City/Do");

2. Matters concerning visions, strategies, policy direction, and policy issues reflecting the features of local governments in alignment with the national strategy, five-year plan, and central action plans;

3. Annual action plans;

4. Future vision and expected effects of implementation of a local action plan;

5. Schemes to pursue local green growth in conjunction with basic units of local government under the jurisdiction thereof; and

6. Other matters necessary for pursuit of low carbon, green growth by local governments.

(2) The Committee may formulate applicable guidelines to efficiently support establishment of local action plans, and give notice thereof to the Mayor/Do Governor concerned.

Article 7

Establishment, etc. of

Local Action Plans

Enforcement Decree of the Framework Act on Low Carbon, Green Growth

1. Status analysis, domestic and overseas trends, developments, and progress in connection with pursuit of green growth for matters under his/her jurisdiction;

2. Matters concerning the vision, policy direction, and policy issues of green growth for matters under his/her jurisdiction;

3. Annual action plan for matters under his/her jurisdiction; and

4. Other matters necessary for implementation of the national strategy and five-year plan.

(2) To efficiently support the establishment of central action plans, the Committee may formulate applicable guidelines and give notice thereof to the head of each central administrative agency. (1) If the head of any central administrative agency formulates or modifies a central action plan, he/she shall make a report thereon to the Committee within two months therefrom according to Article 10(2) of the Act.

(2) Upon receipt of a report on a central action plan as provided in Paragraph (1), the Committee may deliberate on its consistency, etc. with the national strategy and five-year plan, and present opinions thereon to the head of the central administrative agency concerned. (3) The head of a central administrative agency who receives such opinions as provided in Paragraph (2) shall incorporate them into the central action plan, related policies, etc. of the agency unless there exist justifiable circumstances not to do so. (4) -"Modifications to minor matters prescribed by Presidential Decree" as provided in the proviso of Article 10(2) of the Act mean partial changes to policy issues within the scope of the direction of Article 6

Report on Central

Action Plans, etc.

98 Ministry of Government Legislation

Framework Act and its Presidential Decree on Low Carbon, Green Growth in Korea 99 Ministry of Government Legislation

(1) "Public officials prescribed by Presidential Decree, such as the Minister of Strategy and Finance, Minister of Education, Science and Technology, Minister of Knowledge Economy, Minister of Environment, and the Minister of Land, Transport and Maritime Affairs" as provided in Article 14(4)1 of the Act mean the Minister of Strategy and Finance, Minister of Education, Science and Technology, Minister of Foreign Affairs and Trade, Minister of Public Administration and Security, Minister of Culture, Sports and Tourism, Minister for Food, Agriculture, Forestry and Fisheries, Minister of Knowledge Economy, Minister of Environment, Minister of Gender Equality and Family, Minister of Land, Transport and Maritime Affairs, Chairman of the Korea Communications Commission, Chairman of the Financial Services Commission, and the Minister of the Prime Minister's Office. (2) The Minister of the Prime Minister's Office shall serve as the secretary as provided in Article 14(5) of the Act. (3) If deemed necessary, any chairperson may cause the head of a central administrative agency to attend a meeting of the Committee to present opinions on an agendum concerning matters under his/ her jurisdiction, or cause an appropriate expert to attend such meeting to hear the opinions thereof.

CHAPTER 3

Presidential Committee on Green Growth, Etc.

Article 10

Composition

and Operation

of Presidential

Committee on Green

Growth

Enforcement Decree of the Framework Act on Low Carbon, Green Growth (3) Necessary matters regarding the methods and procedures to establish a local action plan, the procedures to implement such plan, etc., other than those matters as provided in Paragraphs (1) and (2), shall be prescribed by a municipal ordinance.

(4) "Modifications to minor matters prescribed by Presidential Decree" as provided in the proviso of Article 11(2) of the Act mean partial changes to policy issues within the scope of the direction of applicable policies, which do not affect the essential contents of a local action plan.

(1) According to Article 12(1) of the Act, the Prime Minister shall conduct an annual review and evaluation of implementation of the national strategy and central action plans as prescribed by the Framework Act on Public Service Evaluation.

(2) The head of the central administrative agency concerned shall establish or modify the central action plan for matters under his/her jurisdiction, or execute related policies, by reflecting the findings of the review and evaluation as provided in Paragraph (1). (1) Each Mayor/Do Governor shall conduct an annual review and evaluation of implementation of a local action plan according to Article 12(2) of the Act.

(2) Each Mayor/Do Governor shall establish or modify the local action plan of the City/Do concerned, or execute related policies, by reflecting the findings of the review and evaluation as provided in Paragraph (1). (3) Necessary matters regarding assessment principles, target organizations, procedures, etc. for such evaluation as provided in Paragraph (1) shall be prescribed by a municipal ordinance. Article 8

Review and Evaluation

of Progress in National

Strategy, etc.

Article 9

Review and Evaluation

of Progress in Local

Action Plans

100 Ministry of Government Legislation

Framework Act and its Presidential Decree on Low Carbon, Green Growth in Korea 101 Ministry of Government Legislation

(1) The subcommittees established under the Committee according to Article 17(1) of the Act and matters under their jurisdiction shall be as follows:

1. Subcommittee on Green Growth and Industries: National strategy, finance, legal system, green technology, creation of jobs and training of human resources for green growth, etc.;

2. Subcommittee on Climate Change and Energy: Basic plan for coping with climate change and the basic plan for energy according to Articles 40 and 41 of the Act, establishment of an integrated information management system for greenhouse gases according to Article 45 of the Act, the cap and trade system according to Article 46 of the Act, etc.; and

3. Subcommittee on Green Life and Sustainable Development: Basic plan for sustainable development, promotion of green life, green homeland, green buildings, establishment of a low-carbon traffic system, water management, etc. according to Articles 50 through 54 of the Act.

(2) If necessary for efficient operation of and support for the Committee, the chairperson may establish, by resolution of the Committee, subcommittees in charge of international negotiations, international cooperation, handling of corporate complaints, etc., in addition to the subcommittees as provided in Paragraph (1). (3) Each subcommittee as provided in Paragraphs (1) and (2) shall be comprised of no more than fifteen commissioned members. The Green Growth Task Force (hereinafter referred to as "Task Force") as provided in Article 18 of the Act shall oversee each of the following matters:

Article 13

Composition of

Subcommittees

Article 14

Green Growth Task

Force

Enforcement Decree of the Framework Act on Low Carbon, Green Growth (1) If the Committee has deliberated on matters concerning the direction of distribution of resources for green technology research and development programs for low carbon, green growth and the efficient use of such resources according to Subparagraph 7 of Article 15 of the Act, it may present its opinions to the National Science and Technology Council as provided in Article 9 of the Framework Act on Science and Technology.

(2) The Committee may designate an appropriate professional organization to provide support for deliberation thereby according to Paragraph (1).

(1) A regular meeting of the Committee as provided in Article 16(2) of the Act shall be convened on a semi-annual basis, in principle. (2) When any chairperson intends to convene a meeting of the Committee, the chairperson shall notify each member of the schedule and agenda of such meeting at least seven days prior thereto: Provided, that the foregoing shall not apply to emergency or other unavoidable circumstances.

(3) "Any case prescribed by Presidential Decree" as provided in the proviso of Article 16(3) of the Act means any of the following cases. In such case, the chairperson shall prepare a written resolution, and report the results thereof to the immediately following meeting of the Committee:

1. When there is no time to convene a meeting due to urgency; or

2. When the chairperson specifically acknowledge such as being necessary for such reason as a force majeure or other unavoidable circumstance where it is difficult to form a quorum by attendance of members of the Committee.

Article 11

Deliberation on

Direction of Distribution

of Resources regarding

Green Technology, etc.

Article 12

Meetings

102 Ministry of Government Legislation

Framework Act and its Presidential Decree on Low Carbon, Green Growth in Korea 103 Ministry of Government Legislation

1. Persons appointed by a Mayor/Do Governor from among public officials at the level of an executive director or a director general of the City/Do concerned; and

2. Persons commissioned by a Mayor/Do Governor from among persons with sufficient knowledge and experience in low carbon, green growth including climate change, energy and resources, green technology and green industries, and sustainable development.

(4) A local committee on green growth shall deliberate on each of the following matters:

1. A local government's basic direction of low carbon, green growth;

2. Establishment and modification of a local action plan;

3. Core tasks and implementation plans to carry out a local action plan; and

4. Other matters deemed necessary by the chairperson of a local committee on green growth in connection with low carbon, green growth of a local government.

(5) Matters necessary for composition and operation of a local committee on green growth, other than those as provided in Paragraphs (1) through (4), shall be prescribed by the municipal ordinance of a local government.

Enforcement Decree of the Framework Act on Low Carbon, Green Growth

1. Matters concerning support for operation of the Committee and subcommittees;

2. Preparation and review of an agenda to be submitted before the Committee and subcommittees;

3. Matters concerning support, consultation, and coordination regarding establishment of central and local action plans;

4. Matters concerning support for low carbon, green growth surveys and researches and related programs;

5. Matters concerning cooperation with the Greenhouse Gas Information Center (hereinafter referred to as "Center") as provided in Article 36 in connection with operation of the Committee and subcommittees; and

6. Other matters designated by the chairperson to support operation of the Committee and subcommittees.

(1) A local committee on green growth as provided in Article 20 of the Act shall be comprised of no more than fifty members including two chairpersons.

(2) The chairperson of a local committee on green growth shall be designated by a Mayor/Do Governor from among a deputy mayor for administrative affairs or a deputy governor for administrative affairs according to Article 73(2) of the Enforcement Decree of the Local Autonomy Act (a person designated by the Mayor/ Do Governor concerned in the case of a City/Do which has no less than two deputy mayors for administrative affairs or deputy governors for administrative affairs) and the members as provided in Paragraph (3)2.

(3) Members of a local committee on green growth shall be any of the following:

Article 15

Composition and

Operation, etc. of

Local Committees on

Green Growth

104 Ministry of Government Legislation

Framework Act and its Presidential Decree on Low Carbon, Green Growth in Korea 105 Ministry of Government Legislation

the details thereof, and may engage in consultation therewith as to decision-making on such registration.

(1) If the head of the central administrative agency concerned intends to provide funds to a public institution for its investment in a green industries investment company according to Article 29(3) of the Act, he/she may determine, in consideration of conformity of the business, etc., matters necessary for such financial assistance including the scale, method, and conditions, etc. thereof. (2) If it is acknowledged that a green industries investment company invested by a public institution according to Article 29(3) of the Act fails to meet the requirements set forth in Articles 16(1) through 16(3) or cannot continue to engage in normal operation, the head of the central administrative agency concerned may require the public institution to restrict additional investments, retrieve existing investments, or take other necessary measures.

(3) Any public institution that receives governmental assistance according to Article 29(3) of the Act shall set up a separate account for such investments, independent of ordinary accounting thereof, and separately handle accounting of receipts and expenditures arising from such investments.

(1) The Minister of Education, Science and Technology, Minister of Culture, Sports and Tourism, Minister for Food, Agriculture, Forestry and Fisheries, Minister of Knowledge Economy, Minister of Environment, Minister of Land, Transport and Maritime Affairs, and the Chairman of the Korea Communications Commission may pursue any of the following and provide necessary support therefor Article 17

Financial Assistance

and Operation of Green

Industries Investment

Companies

Article 18

Standardization of

Green Technology and

Green Industries

Enforcement Decree of the Framework Act on Low Carbon, Green Growth (1) A green industries investment company as provided in Article 29(1) of the Act means a collective investment scheme (referring to a collective investment scheme as defined in Article 9(18) of the Financial Investment Services and Capital Markets Act) which invests no less than sixty-hundredths of its total shareholdings in other companies, total amount in trust, or capital stock in green technology and green industries as provided in Article 29(2) of the Act. (2) Technology and business related to green technology and green industries according to Articles 29(2)1 and 29(2)2 of the Act respectively mean green technology or green projects subject to possible certification as publicly announced according to Article 19(6).

(3) Enterprises related to green technology or green industries as provided in Article 29(2)3 of the Act shall refer to those enterprises of which sales arising from transfer of green technology or green projects according to Paragraph (2), manufacturing of related products, etc. account for no less than thirty-hundredths of their total sales as of the year immediately preceding the year of the date of an application for certification.

(4) Upon receipt of an application for registration of a green industries investment company invested by a public institution according to Article 29(3) of the Act, the Financial Services Commission shall notify the head of the central administrative agency concerned of CHAPTER 4

Pursuit of Low Carbon, Green Growth

Article 16

Establishment of Green

Industries Investment

Companies

106 Ministry of Government Legislation

Framework Act and its Presidential Decree on Low Carbon, Green Growth in Korea 107 Ministry of Government Legislation

concerned. Upon receipt of such application, the head of the central administrative agency concerned shall designate an institution that will evaluate the details of such application (hereinafter referred to as "evaluator"), and commission evaluation for green certification thereto.

(3) Related central administrative agencies shall jointly establish the Green Certification Deliberation Committee (hereinafter referred to as "Certification Committee") in order to confirm the evaluation findings by an evaluator and make a decision on green certification. (4) The head of the central administrative agency concerned shall commission affairs related to receipt of applications for green certification, support for evaluation by an evaluator, etc. according to Paragraph (2) to the Korea Institute for Advancement of Technology as provided in Article 38 of the Industrial Technology Innovation Promotion Act.

(5) The head of the central administrative agency concerned may cause a person, who makes an application for green certification according to Paragraph (2), to bear the costs incurred for such certification. (6) The Minister of Strategy and Finance, Minister of Education, Science and Technology, Minister of Culture, Sports and Tourism, Minister for Food, Agriculture, Forestry and Fisheries, Minister of Knowledge Economy, Minister of Environment, Minister of Land, Transport and Maritime Affairs, and the Chairman of the Korea Communications Commission shall jointly determine matters necessary for green certification including the subjects, standards, procedures, and methods of green certification, designation of an evaluator, and composition and operation of the Certification Committee, other than those matters as provided in Paragraphs (1) Enforcement Decree of the Framework Act on Low Carbon, Green Growth in order to lay the basis for standardization of green technology and green industries regarding matters under their jurisdiction according to Article 32(1) of the Act:

1. Establishment of the basis for standardization in alignment with international standards as well as a system to evaluate conformity;

2. Standardization of green technology developed;

3. Standardization of green technology and green industries regarding research and development is underway in the Republic of Korea;

4. Training of professional human resources to lay the foundation for standardization; and

5. Other programs necessary to lay the basis for standardization. (2) The Minister of Knowledge Economy shall oversee overall matters concerning establishment of the basis for standardization of green technology and green industries according to Paragraph (1), and may formulate measures to ensure that related information is provided to citizens in a timely manner.

(1) According to Article 32(2) of the Act, the head of each central administrative agency shall certify conformity of green technology and green projects (referring to projects with a great economic and technological ripple effect as economic activities related to green growth such as installation of green industries equipment and infrastructure, and application, dissemination, and spread of green technology and green industries) and accreditation of specialized green enterprises (hereinafter referred to as "green certification") regarding matters under his/her jurisdiction.

(2) Any person who seeks green certification shall make an application therefor to the head of the central administrative agency Article 19

Certification of

Conformity of Green

Technology and

Green Projects and

Accreditation of

Specialized Green

Enterprises

108 Ministry of Government Legislation

Framework Act and its Presidential Decree on Low Carbon, Green Growth in Korea 109 Ministry of Government Legislation

3. Specific research institutes as provided in Article 2 of the Support of Specific Research Institutes Act and the joint management agency as provided in Article 8 thereof;

4. Universities, industrial universities, junior colleges, and technical colleges as provided in the Higher Education Act;

5. Government-funded science and technology research institutions as provided in the Act on the Establishment, Operation, and Fostering of Government-Funded Science and Technology Research Institutions;

6. Korea Industrial Technology Association as provided in the Technology Development Promotion Act and the Enforcement Decree thereof;

7. Korea Environment Corporation as provided in the Korea Environment Corporation Act;

8. Korea Environment Industry and Technology Institute as provided in Article 5-2 of the Development of and Support for Environmental Technology Act;

9. Korea Transportation Safety Authority as provided in the Korea Transportation Safety Authority Act; and

10. Business undertakers as provided in Article 16(1)1 of the Industrial Sites and Development Act.

Enforcement Decree of the Framework Act on Low Carbon, Green Growth through (5), and make a public announcement thereof in an official gazette.

(1) The Administrator of the Public Procurement Service may designate and publicly announce necessary items in order to promote purchases of green products by public institutions as provided in Article 32(2) of the Act, and formulate procurement standards in accordance therewith.

(2) With regard to products or construction works of which purchase or order placement is requested by the head of a public institution, the Administrator of the Public Procurement Service may purchase green products in lieu thereof, or make a reflection thereof in construction designs, based on consultation with the head of the public institution.

According to Article 33 of the Act, the Administrator of the Small and Medium Business Administration shall establish and implement annual action plans to promote green technology and green management of small and medium enterprises.

"Institutions or organizations prescribed by Presidential Decree" as provided in Article 34(3) of the Act mean any of the following institutions or organizations:

1. Business undertakers as provided in Article 4 of the Act on Special Cases concerning Support of Technoparks;

2. Korea Industrial Complex Corporation as provided in Article 45-3 of the Industrial Cluster Development and Factory Establishment Act; Article 20

Promotion of Green

Products Purchase by

Public Institutions

Article 21

Support for Green

Technology and

Green Management

of Small and Medium

Enterprises

Article 22

Institutions Pursuing

Development of

Clusters and Complexes

for Green Technology

and Green Industries

110 Ministry of Government Legislation

Framework Act and its Presidential Decree on Low Carbon, Green Growth in Korea 111 Ministry of Government Legislation

(2) If the Committee deliberates on measures necessary to support detailed objectives to achieve the target for greenhouse gas reduction according to Paragraph (1) and establishment and implementation of targets for each sector according to Article 42(4) of the Act, an Economic Policy Coordination Meeting as provided in Article 2 of the Regulations on Economic Policy Coordination Meetings shall be held prior to deliberation by the Committee. (3) In deliberating on the basic direction of policies for low carbon, green growth, the Committee shall preferentially consider consistency between the national strategy, central action plans, and local action plans as well as the methods to systematically align the basic plan for coping with climate change under Article 40 of the Act, basic plan for energy under Article 41 of the Act, and basic plan for sustainable development under Article 50 of the Act in order to ensure attainment of the reduction target provided in Paragraph (1).

(1) The Minister of Environment shall oversee and coordinate establishment and management of targets for greenhouse gases reduction as well as necessary measures.

(2) In consideration of integration and connection of the management of targets for greenhouse gases and energy, conditions of the domestic industries, international trends, advancement of applicable regulations including prevention of redundant regulations, etc., the Minister of Environment shall formulate comprehensive standards and guidelines regarding establishment, management, and verification, etc. of targets according to Article 42(5) of the Act, and make a public announcement thereof in an official gazette. In such case, consultation with the heads of the central administrative Article 26

Principles and Role

of Management

of Targets for

Greenhouse Gases

and Energy

Enforcement Decree of the Framework Act on Low Carbon, Green Growth "Modifications to minor matters prescribed by Presidential Decree" as provided in the proviso of Article 40(2) of the Act mean any of the following:

1. Partial changes to matters related to Articles 40(3)1 and 40(3)2 of the Act (limited to the status of emission and absorption of greenhouse gases) according to domestic and overseas circumstances; and

2. Partial changes to the basic plan for coping with climate change within the scope of no more than ten-hundredths of total resources required, which do not affect the essential contents of the basic plan for coping with climate change out of the plans related to Articles 40(3)6, 40(3)7 and 40(3)9 of the Act.

"Modifications to minor matters prescribed by Presidential Decree" as provided in the proviso of Article 41(2) of the Act mean partial changes to the basic plan for energy within the scope of no more than ten-hundredths of total resources required, which do not affect the essential contents of the basic plan for energy out of the plans related to each subparagraph of Article 41(3) of the Act.

(1) The target for greenhouse gas reduction according to Article 42(1)1 of the Act shall be a reduction in total national greenhouse gas emissions in 2020 by thirty-hundredths from the business-as-usual projection for 2020.

CHAPTER 5

Realization of Low Carbon Society

Article 23

Modification of Basic

Plan for Coping with

Climate Change

Article 25

Establishment and

Management of National

Targets for Greenhouse

Gas Reduction

Article 24

Modification of Basic

Plan for Energy

112 Ministry of Government Legislation

Framework Act and its Presidential Decree on Low Carbon, Green Growth in Korea 113 Ministry of Government Legislation

reduction and energy saving or a material issue with the reliability, etc. of a statement as provided in Article 34, the Minister of Environment may conduct a survey on the controlled entity jointly with the competent agencies by area.

(6) The Minister of Environment may request competent agencies by area to provide materials necessary for review and evaluation according to Paragraph (4).

"Public institutions, etc. prescribed by Presidential Decree" as provided in Article 42(3) of the Act mean any of the following institutions:

1. Public institutions according to Article 4 of the Act on the Management of Public Institutions;

2. Local public corporations according to Article 49 of the Local Public Enterprises Act and local authorities according to Article 76 thereof;

3. Hospitals according to the Act on the Establishment of National University-Affiliated Hospitals, Act on the Establishment of National University-Affiliated Dental Hospitals, Establishment of Seoul National University Hospital Act and the Establishment of Seoul National University Dental Hospital Act; and

4. National and public universities according to Article 3 of the Higher Education Act.

(1) The heads of central administrative agencies and local governments according to Article 42(3) of the Act and public institutions according to Article 27 (hereinafter referred to as "central administrative agencies, etc.") shall submit to the Center a performance plan for the immediately following year to accomplish Article 27

Public Institutions

Subject to Control of

Targets

Article 28

Target Control Methods

and Procedures by

Central Administrative

Agencies, etc.

Enforcement Decree of the Framework Act on Low Carbon, Green Growth agencies concerned by area according to Paragraph (3) (hereinafter referred to as "competent agencies by area") and deliberation by the Committee shall be conducted.

(3) Competent agencies by area shall oversee establishment and management of targets as well as necessary measures for each area of jurisdiction as provided in Article 42(5) of the Act according to the following classification. In such case, competent agencies by area shall fully cooperate with the Minister of Environment in overseeing and coordinating affairs according to Paragraph (1):

1. Ministry for Food, Agriculture, Forestry and Fisheries: Agriculture and livestock farming;

2. Ministry of Knowledge Economy: Industries and power generation;

3. Ministry of Environment: Wastes; and

4. Ministry of Land, Transport and Maritime Affairs: Buildings and transport.

(4) When necessary to build confidence in target control according to Article 42(5) of the Act, the Minister of Environment may conduct a comprehensive review and evaluation of the affairs supervised by the competent agencies by area according to Paragraph (3). Based on the findings thereof, the Minister of Environment may require the competent agencies by area to take specific measures, including issuance of an order for improvement to an entity that emits greenhouse gases or an entity that consumes energy (hereinafter referred to as "controlled entity") as provided in Article 42(5) of the Act, and the competent agencies by area shall comply therewith unless there exist justifiable circumstances not to do so. (5) If it is acknowledged that there is a material impediment to efforts by a controlled entity to accomplish the targets for greenhouse gas 114 Ministry of Government Legislation

Framework Act and its Presidential Decree on Low Carbon, Green Growth in Korea 115 Ministry of Government Legislation

evaluate a report on implementation of a performance plan as provided in Paragraph (4) within three months from receipt thereof, and make a report on the findings therefrom to the Prime Minister. (6) If deemed necessary according to the evaluation findings according to Paragraph (5), the Prime Minister may order the heads of central administrative agencies, etc. to take measures promoting greenhouse gas reduction and energy saving.

(1) "Each entity that emits greenhouse gases and each entity that consumes energy in the standard quantity prescribed by Presidential Decree or more" as provided in Article 42(5) of the Act mean any of the following entities:

1. Entity of which the total annual average quantity of greenhouse gases emitted, and energy consumed, at all its places of business for the past three years as of January 1 of the corresponding year falls under both the standards provided in the attached Tables 2 and 3; and

2. Entity's place of business of which the total annual average quantity of greenhouse gases emitted, and energy consumed for the past three years falls under both the standards provided in the attached Tables 4 and 5.

(2) The competent agencies by area shall designate entities that fall under Paragraph (1) as potential controlled entities, and give a notice thereof to the Minister of Environment by March 31 each year with related materials attached thereto.

(3) Upon receipt of a notice according to Paragraph (2), the Minister of Environment shall check for any overlap or omission in the Article 29

Standards, etc.

for Designation of

Controlled Entities

Enforcement Decree of the Framework Act on Low Carbon, Green Growth targets for greenhouse gas reduction and energy saving, including each of the following, by December 31 each year in an electronic format:

1. Annual target for greenhouse gas reduction and energy saving and a plan for accomplishment thereof;

2. Quantity of greenhouse gases emitted and energy consumed;

3. Facilities emitting greenhouse gases and consuming energy;

4. Quantity of greenhouse gases emitted and energy consumed at each facility; and

5. Other matters determined by the Minister of Environment in order to achieve the targets for greenhouse gas reduction and energy saving.

(2) If it is acknowledged that a performance plan as provided in Paragraph (1) is inadequate, the Minister of Environment may require the heads of central administrative agencies, etc. to improve and supplement such plan, in consultation with the Minister of Public Administration and Security and Minister of Knowledge Economy.

(3) The heads of central administrative agencies, etc. who receive a request for improvement and supplementation according to Paragraph (2) shall submit to the Center a performance plan reflecting such request within one month from receipt thereof. (4) The heads of central administrative agencies, etc. shall submit to the Center a report on implementation of a performance plan according to Paragraph (1) by March 31 of the immediately following year in an electronic format.

(5) The Minister of Public Administration and Security, Minister of Knowledge Economy and the Minister of Environment shall jointly 116 Ministry of Government Legislation

Framework Act and its Presidential Decree on Low Carbon, Green Growth in Korea 117 Ministry of Government Legislation

(2) When the competent agencies by area establish the targets of controlled entities for greenhouse gas reduction, energy saving, and energy efficiency as provided in Paragraph (1), they shall organize and operate a council comprising representatives of central administrative agencies concerned, civilian experts, etc. according to the latter part of Article 42(5) of the Act.

(3) A controlled entity that receives a notice of targets according to Paragraph (1) shall submit a performance plan for the immediately following year including each of the following to a competent agency by area in an electronic format by December 31 each year. The competent agency by area shall promptly submit such plan to the Center:

1. Annual targets and implementation plans for every five years;

2. Status and operation rate of manufacturing facilities at each place of business;

3. Type and quantity of greenhouse gases emitted, and the type and quantity of energy consumed, at each place of business;

4. Targets for greenhouse gas reduction, energy saving, and energy efficiency at each place of business, and the methods to accomplish such targets;

5. Status of greenhouse gases emitted and the quantity of energy consumed by major manufacturing process;

6. Targets for greenhouse gas reduction, energy saving, and energy efficiency by major manufacturing process, and the methods to accomplish such targets;

7. Method to calculate the quantity of greenhouse gases emitted and the quantity of energy consumed at each place of business (including computation and measurement methods); and

8. Progress in greenhouse gas reduction, absorption, and elimination.

Enforcement Decree of the Framework Act on Low Carbon, Green Growth designation of potential controlled entities and for the adequacy of regulations, etc., and notify the findings thereof to the competent agencies by area. Upon receipt of such notice, the competent agencies by area shall designate controlled entities by June 30 each year and make a public announcement thereof in an official gazette. (4) If any controlled entity objects to designation thereas according to Paragraph (3), it may raise objection to the competent agencies by area within thirty days from the date of a public announcement thereof, with explanatory materials attached thereto. (5) Upon receipt of an application for objection according to Paragraph (4), the competent agencies by area shall conduct reexamination thereof, and notify the findings thereof to the controlled entity concerned within thirty days from the date of receipt of such application after confirmation by the Minister of Environment. In the event of any change in designation of controlled entities, the competent agencies by area shall make a public announcement thereof in an official gazette.

(6) The Minister of Environment may compile and publicly announce controlled entities designated and publicly announced by each competent agency by area according to Paragraph (3). (1) According to Article 42(5) of the Act, the competent agencies by area shall establish the targets of controlled entities for the immediately following year concerning greenhouse gas reduction, energy saving and energy efficiency by September 30 each year, and give notice thereof to the controlled entities and the Center. Article 30

Methods and

Procedures of Target

Control Regarding

Controlled Entities

118 Ministry of Government Legislation

Framework Act and its Presidential Decree on Low Carbon, Green Growth in Korea 119 Ministry of Government Legislation

improvement order, etc. according to Articles 30(3) through 30(5); and

6. Matters concerning statements according to Article 34. (1) "Reliable, independent, and specialized institution prescribed by Presidential Decree" as provided in Article 42(9) of the Act means an institution that has human and material competences to professionally measure, report, and verify the quantity of greenhouse gases emitted and the quantity of energy consumed and is designated and publicly announced by the Minister of Environment based on consultation with the competent agencies by area. (2) When necessary to bolster the reliability of measurement, report, and verification of controlled entities, the Minister of Environment may request an independent and specialized institution designated according to Paragraph (1) (hereinafter referred to as "verifying institution") to submit related materials. The verifying institution that receives such request shall comply therewith unless there exist justifiable circumstances not to do so.

(3) The Minister of Environment shall determine, in consultation with the competent agencies by area, matters concerning the standards and procedures for designation of a verifying institution and selection of a verifying institution of controlled entities, etc., other than those matters provided in Paragraphs (1) and (2), and make a public announcement thereof in an official gazette. Voluntary reduction of greenhouse gases according to Article 43 of the Act may be acknowledged in determining greenhouse gas emission allowances under the cap and trade system according to Article 46 Article 32

Verifying Institution,

etc.

Article 33

Facilitation of Earlier

Action for Reduction

of Greenhouse Gases

Enforcement Decree of the Framework Act on Low Carbon, Green Growth (4) Controlled entities shall make a report on progress in its implementation of a performance plan according to Paragraph (3) to the competent agencies by area in an electronic format by March 31 of the immediately following year. The competent agencies by area shall check the accuracy of such report; preparation thereof in a measurable, reportable, and verifiable manner, etc., and submit such report to the Center.

(5) If the competent agencies by area find that the progress made by a controlled entity according to Paragraph (4) falls short of its target or that any part of the report fails to fully meet the standards of preparation in a measurable, reportable, and verifiable manner, the competent agencies by area shall take necessary measures including issuance of an improvement order according to Article 42(8) of the Act, and give notice thereof to the Minister of Environment. (6) Any controlled entity that receives an improvement order according to Paragraph (5) shall reflect such order in establishing a performance plan as provided in Paragraph (3).

The Center shall receive each of the following from the competent agencies by area, keep records of the register thereof as provided in Article 42(7) of the Act, and perform integrated management and operation thereof in an electronic format:

1. Trade name or name of a controlled entity;

2. Representative of a controlled entity;

3. Location of the head office and places of business of a controlled entity;

4. Matters concerning designation of a controlled entity;

5. Matters concerning a performance plan, report on progress, Article 31

Management of

Register

120 Ministry of Government Legislation

Framework Act and its Presidential Decree on Low Carbon, Green Growth in Korea 121 Ministry of Government Legislation

9. Greenhouse gas reduction, absorption, and elimination performance; and

10. Other matters deemed necessary by the competent agencies by area, based on consultation with the Minister of Environment, to control the quantity of greenhouse gases emitted and the quantity of energy consumed by controlled entities. (3) Upon receipt of a statement according to Paragraph (1), the competent agencies by area shall check the details thereof and then promptly submit the statement and materials related thereto to the Center. The Center shall manage such statement by including it in the register as provided in Article 31.

(4) Article 32 shall apply mutatis mutandis to a reliable, independent, and specialized institution for the purpose of verifying the reliability of statements according to Article 44(2) of the Act. (5) The Minister of Environment shall determine, based on consultation with the competent agencies by area, matters concerning the methods to prepare a statement and the procedures to report the statement, etc., other than those matters provided in Paragraphs (1) through (4), and make a public announcement thereof in an official gazette.

(1) In principle, statements as provided in Article 34 shall be disclosed unless there exist justifiable circumstances not to do so. Upon request from the administrative agencies concerned or public institutions provided in Article 4 of the Act on the Management of Public Institutions, the competent agencies by area and the Center may provide statements thereto based on deliberation by the Committee.

Article 35

Disclosure, etc. of

Statements

Enforcement Decree of the Framework Act on Low Carbon, Green Growth of the Act with regard to the performance verified by a verifying institution.

(1) Controlled entities shall prepare a statement on the quantity of greenhouse gases emitted and the quantity of energy consumed during the corresponding year according to Article 44(1) of the Act, and submit it to the competent agencies by area by March 31 of the immediately following year in an electronic format, with verification findings by a verifying institution attached thereto. (2) A statement as provided in Paragraph (1) shall include each of the following:

1. Size, manufacturing facilities, product materials, and manufacturing volume of the entity;

2. Type and quantity of greenhouse gases emitted at each place of business, and the type, size, number, and operation hours of the facilities emitting greenhouse gases;

3. Type and quantity of energy consumed at each place of business, chemical composition of fuels used, and the type, size, number, and operation hours of the facilities consuming energy;

4. Quantity, type, and scale of greenhouse gases emitted when divided into manufacturing processes and facilities;

5. Type, size, processing efficiency, number of units, and operation hours of the equipment preventing greenhouse gas emissions which was used in manufacturing processes;

6. Type and quantity of greenhouse gases captured and processed;

7. Method to calculate and measure the quantity of greenhouse gases emitted and the quantity of energy consumed by area according to Subparagraphs 2 through 6;

8. Quality control procedures regarding statements; Article 34

Procedures to

Submit and Manage

Statements, etc.

122 Ministry of Government Legislation

Framework Act and its Presidential Decree on Low Carbon, Green Growth in Korea 123 Ministry of Government Legislation

growth and information disclosure. The chairperson thereof shall be designated by the Minister of Environment from among the members thereof.

(8) A quorum for meetings thereof shall be a majority of the registered members thereof, and a decision thereof shall be made with the consent of a majority of attending members.

(9) Matters necessary for composition and operation of the examination committee, other than those matters provided in Paragraphs (6) through (8), shall be determined by the chairperson based on a resolution by the examination committee.

(1) The Greenhouse Gas Information Center shall be set up under the Minister of Environment in order to establish and manage the national integrated information management system for greenhouse gases as provided in Article 45(1) of the Act.

(2) The Center shall oversee each of the following:

1. Support for national and sectoral establishment of targets for greenhouse gas reduction;

2. Operation of the national integrated information management system for greenhouse gases in accordance with international standards;

3. Cooperation and support according to Articles 26 through 35 and provision of information to the central administrative agencies concerned;

4. Surveys and researches to provide support for domestic and overseas greenhouse gas reduction; and

5. Cooperation with international organizations and groups as well Article 36

Establishment and

Management of

National Integrated

Information

Management System

for Greenhouse Gases

Enforcement Decree of the Framework Act on Low Carbon, Green Growth (2) Upon request from the Financial Services Commission or the Korea Exchange for disclosure of a business report of a listed corporation according to Article 163 of the Financial Investment Services and Capital Markets Act, the Center may provide thereto a statement of the controlled entity concerned.

(3) Disclosure of statements according to Article 44(3) of the Act shall be carried out through the web pages of the competent agencies by area and the integrated information management system for greenhouse gases of the Center in an electronic format. (4) Any controlled entity requesting that the information contained in a statement be kept confidential according to the proviso of Article 44(3) of the Act shall submit a cause of non-disclosure, in writing, in submitting the statement.

(5) In order to deliberate on and determine whether to disclose all or a part of the information in the event of a request that the information contained in a statement be kept confidential according to Paragraph (4), the Center shall have a statement disclosure examination committee (hereinafter referred to as "examination committee") as provided in Article 44(4) of the Act. (6) The examination committee shall be comprised of no more than seven members including one chairperson.

(7) The examination committee shall consist of four persons respectively designated by the heads of the competent agencies by area from among public officials who belong thereto as well as civilians commissioned by the Minister of Environment based on consultation with the competent agencies by area from among persons who have sufficient knowledge and experience in green 124 Ministry of Government Legislation

Framework Act and its Presidential Decree on Low Carbon, Green Growth in Korea 125 Ministry of Government Legislation

Korea to ensure the fairness and reliability of statistics on greenhouse gases.

(6) If deemed necessary for its efficient performance of duties, the Center may request any of the following institutions concerned with low carbon, green growth in such respects as climate change, energy, and sustainable development to render necessary support including human resources, information and analyses, based on consultation with the heads of the central administrative agencies concerned:

1. Research institutions according to Article 8(1) of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutions;

2. Research institutions according to Article 8(1) of Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutions; and

3. Public institutions according to Article 4 of the Act on the Management of Public Institutions.

(1) In pursuing affairs for management of greenhouse gases in the traffic sector according to Article 47(2) of the Act, the Minister of Knowledge Economy and the Minister of Environment shall respectively determine the standards for average anergy consumption efficiency of automobiles and the standards for allowable exhaust emissions of greenhouse gases from automobiles. The Minister of Environment shall oversee application and management of the standards for average anergy consumption efficiency of automobiles and the standards for allowable exhaust emissions of greenhouse gases from automobiles regarding automakers (including importers; the same shall apply hereinafter). Article 37

Management of

Average Energy

Consumption Efficiency

of Automobiles and

Allowable Exhaust

Emissions of

Greenhouse Gases

Enforcement Decree of the Framework Act on Low Carbon, Green Growth as developing countries concerning low carbon, green growth. (3) For efficient and systematic performance of duties by the Center, the Minister of Environment shall organize and operate a council comprising high-ranking public officials of the central administrative agencies concerned, such as the Ministry of Strategy and Finance, Ministry of Public Administration and Security, Ministry for Food, Agriculture, Forestry and Fisheries, Ministry of Knowledge Economy and the Ministry of Land, Transport and Maritime Affairs, and the head of the Task Force

(4) According to Article 45(2) of the Act, the competent agencies by area shall submit to the Center information and statistics on greenhouse gases for the immediately preceding year regarding matters under their jurisdiction by June 30 each year, subject to the following classification:

1. Minister for Food, Agriculture, Forestry and Fisheries: Agriculture and forestry;

2. Minister of Knowledge Economy: Energy and industrial processes;

3. Minister of Environment: Wastes; and

4. Minister of Land, Transport and Maritime Affairs: Buildings and transport.

(5) In order to ensure international reliability of the national integrated information management system for greenhouse gases, the Minister of Environment shall verify the information and statistics on greenhouse gases as provided in Paragraph (4), and externally maintain status as a national integrated information manager on greenhouse gases. In such case, the Minister of Environment shall engage in consultation with the Commissioner of the Statistics 126 Ministry of Government Legislation

Framework Act and its Presidential Decree on Low Carbon, Green Growth in Korea 127 Ministry of Government Legislation

measures to adapt to climate change in alignment according to Article 58 of the Act; and

7. Other matters deemed necessary by the Minister of Environment to adapt to climate change.

(2) According to the measures for adaptation to climate change according to Paragraph (1), the heads of the central administrative agencies concerned and Mayors/Do Governors shall establish and implement detailed implementation plans thereof with regard to matters under their jurisdiction.

Enforcement Decree of the Framework Act on Low Carbon, Green Growth In such case, the Minister of Environment shall provide the Minister of Knowledge Economy with materials on application and management of such standards.

(2) In consideration of the domestic and overseas conditions of the auto industry, international regulatory trends, measurement methods and procedures, unification of applicable sanctions, etc., the Minister of Environment shall publicly announce, in an official gazette, the standards, etc. whereby automakers may selectively comply with the standards for average anergy consumption efficiency of automobiles and the standards for allowable exhaust emissions of greenhouse gases from automobiles as provided in Paragraph (1), based on consultation with the Minister of Knowledge Economy. (1) According to Article 48(4) of the Act, the Minister of Environment shall establish and implement, every five years, measures for adaptation to climate change including each of the following, based on consultation with the heads of the central administrative agencies concerned:

1. Matters concerning international conventions for adaptation to climate change;

2. Matters concerning enhancement of the ability to monitor, forecast, and provide and use such information on, climate change;

3. Matters concerning assessment of the impacts of climate change and vulnerability by sector and region;

4. Matters concerning measures to adapt to climate change by sector and region;

5. Matters concerning prevention of disasters caused by climate change;

6. Matters concerning pursuit of a green life campaign and Article 38

Assessment of Impacts

of Climate Change

and Formulation

of Measures for

Adaptation

128 Ministry of Government Legislation

Framework Act and its Presidential Decree on Low Carbon, Green Growth in Korea 129 Ministry of Government Legislation

3. Plan on readjustment of the Seoul metropolitan area according to Article 4(1) of the Seoul Metropolitan Area Readjustment Planning Act; and

4. Other plans deemed necessary by the chairperson based on deliberation by the Committee.

According to Article 53(1) of the Act, the Minister of Land, Transport and Maritime Affairs shall establish and implement targets for greenhouse gas reduction, energy saving, and energy efficiency in the traffic sector including each of the following, based on consultation with the heads of the central administrative agencies concerned:

1. Status of greenhouse gases emission and the rate of energy consumption by each means of transportation including automobiles, trains, airplanes, and vessels;

2. Status of greenhouse gases emitted by type of energy;

3. Five-year targets for greenhouse gas reduction, energy saving, and energy efficiency and the implementation plans therefor; and

4. Annual targets for greenhouse gas reduction, energy saving, and energy efficiency and the implementation plans therefor. (1) "Buildings that meet or exceed the standards prescribed by Presidential Decree" as provided in Article 54(2) of the Act mean the buildings provided in Article 91(2) of the Enforcement Decree of the Building Act.

(2) In order to establish and manage the targets for reduction of the quantity of energy consumed, and greenhouse gases emitted, by buildings as provided in Paragraph (1) according to Article 54(2) of the Act, the Minister of Land, Transport and Maritime Affairs Article 41

Targets for Greenhouse

Gas Reduction in Traffic

Sector

Article 42

Standards for Green

Buildings

Enforcement Decree of the Framework Act on Low Carbon, Green Growth "Modifications to minor matters prescribed by Presidential Decree" as provided in the proviso of Article 50(2) of the Act mean any of the following:

1. Changes to matters related to Articles 50(3)1 and 50(3)4 of the Act; and

2. Partial changes to the basic plan for sustainable development within the scope of ten-hundredths of total resources required, which do not affect the essential contents of such plan. (1) "Plans prescribed by Presidential Decree, such as the comprehensive national land plan and the basic urban plan, etc." as provided in Article 51(1) of the Act mean the plans as provided in the attached Table 6.

(2) Plans which requires hearing of the Committee's opinions in advance in establishing plans according to Article 51(3) of the Act shall be as follows:

1. Comprehensive national land plan according to Article 9(1) of the Framework Act on the National Land and a comprehensive provincial plan according to Article 13(1) thereof;

2. Five-year regional development plan according to Article 4(1) of the Special Act on Balanced National Development; CHAPTER 6

Realization of Green Life and

Sustainable Development

Article 39

Modification to Basic

Plan for Sustainable

Development

Article 40

Management of

Green Homeland

130 Ministry of Government Legislation

Framework Act and its Presidential Decree on Low Carbon, Green Growth in Korea 131 Ministry of Government Legislation

(2) "Developing a new city or redeveloping cities on a scale not smaller than that prescribed by Presidential Decree" as provided in Article 54(7) of the Act mean any of the following:

1. Housing site development of no smaller than 3.3 million square meters undertaken according to the Housing Site Development Promotion Act;

2. Construction of a multifunctional administrative city undertaken according to the Special Act on the Construction of Multifunctional Administrative City in Yeongi-Gongju Area for Follow-up Measures for New Administrative Capital;

3. Development of an enterprise city undertaken according to the Special Act on the Development of Enterprise Cities;

4. Development of an innovation city undertaken according to the Special Act on the Construction and Support of Innovation Cities Following Relocation of Public Agencies; and

5. Any other urban development project of no smaller than 1 million square meters.

(3) In order to expand green buildings according to Article 54(8) of the Act, the government may provide support including financial assistance, or tax abatement or exemption in any of the following cases:

1. Building certified as environment-friendly according to Article 65 of the Building Act;

2. Building of which the total energy performance index score calculated based on the standards for efficient energy management of buildings publicly announced by the Minister of Land, Transport and Maritime Affairs according to Article 66(2) of the Building Act is not lower than eighty, or which obtained an energy performance certificate according to Article 66-2 thereof; Enforcement Decree of the Framework Act on Low Carbon, Green Growth may establish implementation plans therefor, and formulate detailed standards for reduction of energy consumption and greenhouse gases when necessary.

(1) "Public institutions and educational institutions prescribed by Presidential Decree" as provided in Article 54(6) of the Act mean any of the following institutions:

1. Public institutions according to Article 4 of the Act on the Management of Public Institutions;

2. Local public corporations according to Article 49 of the Local Public Enterprises Act and local authorities according to Article 76 thereof;

3. Research institutions according to Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutions, and research societies according to Article 18 thereof;

4. Research institutions according to Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutions, and research societies according to Article 18 thereof;

5. Local government-invested research institutes according to Article 4 of the Act on the Establishment and Operation of Local Government-Invested Research Institutes;

6. Hospitals according to the Act on the Establishment of National University-Affiliated Hospitals, Act on the Establishment of National University-Affiliated Dental Hospitals, Establishment of Seoul National University Hospital Act, and the Establishment of Seoul National University Dental Hospital Act; and

7. National and public universities according to Article 3 of the Higher Education Act.

Article 43

Expansion, etc. of

Green Buildings

132 Ministry of Government Legislation

Framework Act and its Presidential Decree on Low Carbon, Green Growth in Korea 133 Ministry of Government Legislation

(1) Fines for negligence according to Article 64(1) of the Act shall be imposed and collected by the competent agencies by area based on consultation with the Minister of Environment.

(2) The standards for imposition of fines for negligence according to Paragraph (1) shall be specified in the attached Table 7. (3) In consideration of the severity, motive, results, etc. of a violation, the competent agencies by area may increase or decrease the amount of fines for negligence according to the attached Table 7 within the scope of a half thereof: Provided, that in the event of such increase, the amount of fines for negligence shall not exceed the maximum limit on fines for negligence as provided in Article 64(1) of the Act.

CHAPTER 7

Penal Provisions

Article 44

Imposition and

Collection of Fines

for Negligence

Enforcement Decree of the Framework Act on Low Carbon, Green Growth

3. Building for which support is deemed necessary by the Minister of Land, Transport and Maritime Affairs to improve its energy efficiency, among the buildings which obtained authorization of use according to Article 22 of the Building Act more than five years ago; and

4. Others for which financial support, or tax abatement or exemption is deemed necessary by the Minister of Land, Transport and Maritime Affairs in order to expand green buildings. 134 Ministry of Government Legislation

Framework Act and its Presidential Decree on Low Carbon, Green Growth in Korea 135 Ministry of Government Legislation

in Subparagraph 3 of the same article, "environmental management consulting" shall be changed to "green management consulting";

In Article 10(3), "environmental management" shall be changed to "green management"; In Article 14(1)2, "environmental management promotion projects" shall be changed to "green management promotion projects";

The title of Article 15, "Center for Conversion into Environment-Friendly Industrial Structure" shall be changed to "Center for Green Management"; In Article 15(2), "Center for Conversion into Environment-Friendly Industrial Structure" shall be changed to "Center for Green Management";

In Article 17-2, Subparagraph 3 of Article 17-3, and Article 17-4, "environmental management system" shall be respectively changed to "green management system"; In Article 17-4, "environmental management system certification" shall be changed to "green management system certification";

The title of Article 19, "Assessment and Guidance of Environmental Management" shall be changed to "Assessment and Guidance of Green Management"; In Article 19(1), "environmental management" shall be changed to "green management"; "assessment and guidance of environmental management" shall be respectively changed to "assessment and guidance of green management"; and "institution assessing environmental management" shall be changed to "institution assessing green management"; In Article 19(2), "assessment and guidance of environmental management" shall be respectively changed to "assessment and guidance of green management"; "institution assessing environmental management" shall be changed to "institution assessing green management"; and "plan on assessment and guidance of environmental management" shall be changed to "plan on assessment and guidance of green management"; and In Article 28(1), "assessment and guidance of environmental management" shall be changed to "assessment and guidance of green management." Enforcement Decree of the Framework Act on Low Carbon, Green Growth ADDENDA

Article 1 Date of Enforcement

This Decree shall enter into force on April 14, 2010. Article 2 Interim Measures Concerning Five-Year Plan, etc. Any five-year plan, central action plan, and local action plan, which has already been established at the time of entry into force of this Decree, shall be respectively deemed the five-year plan under Article 4, central action plan under Article 5, and local action plan under Article 7. Article 3 Amendment of Other Acts and Subordinate Statutes (1) A part of the Enforcement Decree of the Development of and Support for Environmental Technology Act shall be amended as follows:

The title of Article 22-6, "Preferential Treatment for Environment-Friendly Enterprises" shall be changed to "Preferential Treatment for Green Enterprises"; The title of Article 22-7, "Cancellation of Designation as Environment-Friendly Enterprises" shall be changed to "Cancellation of Designation as Green Enterprises"; In Subparagraph 2 of Article 22-7, "environment-friendly enterprises" shall be changed to "green enterprises"; and

In Remark 4 of the attached Table 1, "environmental management" shall be changed to "green management."

(2) A part of the Enforcement Decree of the Act on the Promotion of the Conversion into Environment-Friendly Industrial Structure shall be amended as follows: The title of Article 9-2, "Fosterage of and Support for Environmental Management Consulting Projects, etc." shall be changed to "Fosterage of and Support for Green Management Consulting Projects, etc.";

In Subparagraphs 1 and 2 of Article 9-2, "environmental management consulting projects" shall be respectively changed to "green management consulting projects"; and 136 Ministry of Government Legislation

Framework Act and its Presidential Decree on Low Carbon, Green Growth in Korea 137 Ministry of Government Legislation

[Attached Table 4]

Standards for the Quantity of Greenhouse Gases Emitted for Places of Business Designated as Controlled Entities (Regarding Article 29(1)2)

1. Standards applied until December 31, 2011: 25 kilotonnes CO2-eq or over

2. Standards applied from January 1, 2012: 20 kilotonnes CO2-eq or over

3. Standards applied from January 1, 2014: 15 kliotonnes CO2-eq or over [Attached Table 5]

Standards for the Quantity of Energy Consumed for Places of Business Designated as Controlled Entities (Regarding Article 29(1)2)

1. Standards applied until December 31, 2011: 100 terajoules or over

2. Standards applied from January 1, 2012: 90 terajoules or over

3. Standards applied from January 1, 2014: 80 terajoules or over [Attached Table 6]

Green Homeland-Related Plans (Regarding Article 40(1))

1. Basic plan on fosterage of biotechnology according to Article 4(2) of the Biotechnology Support Act

2. Comprehensive plan on promotion of atomic energy according to Article 8-2(1) of the Atomic Energy Act

3. Basic plan on promotion of nuclear fusion energy development according to Article 4(1) of the Fusion Energy Development Promotion Act

4. Basic plan on radioactive waste control according to Article 6(1) of the Radioactive Waste Control Act

5. Long-term plan on promotion of tourism according to Article 3(1) of the Framework Act on Tourism

Enforcement Decree of the Framework Act on Low Carbon, Green Growth [Attached Table 1]

Hydrofluorocarbon and Perfluorocarbon Materials (Regarding Article 2) [Attached Table 2]

Standards for the Quantity of Greenhouse Gases Emitted for Designation as Controlled Entities (Regarding Article 29(1)1)

1. Standards applied until December 31, 2011: 125 kilotonnes CO2-eq or over

2. Standards applied from January 1, 2012: 87.5 kilotonnes CO2-eq or over

3. Standards applied from January 1, 2014: 50 kilotonnes CO2-eq or over [Attached Table 3]

Standards for the Quantity of Energy Consumed for Designation as Controlled Entities (Regarding Article 29(1)1)

1. Standards applied until December 31, 2011: 500 terajoules or over

2. Standards applied from January 1, 2012: 350 terajoules or over

3. Standards applied from January 1, 2014: 200 terajoules or over

1. Hydrofluorocarbon (HFCs) HFC-23, HFC-32, HFC-41, HFC-43-10mee,

HFC-125, HFC-134, HFC-134a, HFC-143, HFC-143a,

HFC-152a, HFC-227ea, HFC-236fa, HFC-245ca

2. Perfluorocarbon (PFCs) PFC-14, PFC-116, PFC-218, PFC-31-10, PFC-c318,

PFC-41-12, PFC-51-14

138 Ministry of Government Legislation

Framework Act and its Presidential Decree on Low Carbon, Green Growth in Korea 139 Ministry of Government Legislation

dust according to Article 13(1) thereof

20. Basic plan on preservation of specific islands according to Article 5(1) of the Special Act on the Preservation of the Ecosystem in Island Areas including Dokdo

21. Basic plan on protection of the Baekdu-Jiri Grand Mountain Ranges according to Article 4(2) of the Act on the Protection of Baekdu-Jiri Grand Mountain Ranges

22. Basic plan on control of air quality in the Seoul metropolitan area according to Article 8(1) of the Special Act on the Improvement of Air Quality in Seoul Metropolitan Area

23. Basic plan on water supply rearrangement according to Article 4(1) of the Water Supply and Waterworks Installation Act and the comprehensive plan on nationwide water supply according to Article 5(1) thereof

24. Basic plan for higher water quality and ecosystem conservation in each large zone according to Article 24(1) of the Water Quality and Ecosystem Conservation Act

25. Basic plan on wetlands conservation according to Article 5(1) of the Wetlands Conservation Act

26. Basic plan on protection of wild fauna and flora according to Article 5(1) of the Protection of Wild Fauna and Flora Act

27. Basic plan on control of toxic chemicals according to Article 6(1) of the Toxic Chemicals Control Act

28. Basic plan on parks according to Article 11(1) of the Natural Parks Act

29. Basic plan for conservation of natural environment according to Article 8(1) of the Natural Environment Conservation Act

30. Basic plan on recycling of resources according to Article 7(1) of the Act on the Promotion of Saving and Recycling of Resources

31. Basic plan on promotion of the purchase of environment-friendly products according to Article 4(1) of the Act on the Encouragement of Purchase of Environment-Friendly Products

32. National comprehensive plan on waste control according to Article 10(1) of the Wastes Control Act

33. Basic plan on soil conservation according to Article 4(1) of the Soil Environment Conservation Act

Enforcement Decree of the Framework Act on Low Carbon, Green Growth

6. Basic plan on development of tourism according to Article 49(1) of the Tourism Promotion Act

7. Comprehensive plan on rearrangement of agricultural and fishing villages according to Article 4(1) of the Rearrangement of Agricultural and Fishing Villages Act and the plan on rationalization of the water use in agricultural and fishing villages according to Article 15(1) thereof

8. Plan on development of agriculture and fisheries, rural communities, and food industry according to Article 14(1) of the Framework Act on Agriculture and Fisheries, Rural Community and Food Industry

9. Basic plan on work against land erosion or collapse according to Article 3-2(1) of the Work against Land Erosion or Collapse Act

10. Basic plan on forestry according to Article 11(1) of the Framework Act on Forestry

11. Plan on fosterage of environment-friendly agriculture according to Article 6(1) of the Environment-Friendly Agriculture Fosterage Act

12. Plans which fall under Articles 4(2)9 and 4(2)10 of the Special Act on Balanced National Development among five-year regional development plans according to Article 4(1) thereof

13. Comprehensive policies for sustainable management according to Article 19(1) of the Industrial Development Act

14. Basic plan on promotion of industrial clusters according to Article 3(1) of the Industrial Cluster Development and Factory Establishment Act

15. Basic plan for promotion of development, use, and dissemination of new and renewable energy technology according to Article 5(1) of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy

16. Basic plan on rationalization of energy use according to Article 4(1) of the Energy Use Rationalization Act

17. Basic plan on electric power supply and demand according to Article 25(1) of the Electric Utility Act

18. Comprehensive policies according to Article 3(1) of the Act on the Promotion of the Conversion into Environment-Friendly Industrial Structure

19. Comprehensive plan on improvement of air quality according to Article 11(1) of the Clean Air Conservation Act and comprehensive policies for prevention of damages caused by yellow 140 Ministry of Government Legislation

Framework Act and its Presidential Decree on Low Carbon, Green Growth in Korea 141 Ministry of Government Legislation

50. Basic plan on reclamation of public waters according to Article 4(1) of the Public Waters Reclamation Act

51. Basic plan on management of fishing areas according to Article 3(1) of the Fishing Ground Management Act

52. Plan on integrated coastal management according to Article 6(1) of the Coast Management Act and the basic plan on coastal improvement according to Article 21(1) thereof

53. Basic plan on harbors according to Article 5(1) of the Harbor Act

54. Basic plan on conservation and management of marine ecosystems according to Article 9(1) of the Conservation and Management of Marine Ecosystems Act

55. Basic plan on marine fishery development according to Article 6(1) of the Framework Act on Marine Fishery Development

56. Comprehensive plan on marine environment management according to Article 14(1) of the Marine Environment Management Act

57. Basic plan on sustainable national transportation and logistics development according to Article 7(1) of the Sustainable Transportation Logistics Development Act

58. Basic plan on maintenance and improvement of urban areas and residential environment according to Article 3(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents

59. Other major mid- to long-term administrative plan selected by the chairperson based on resolution by the Committee

Enforcement Decree of the Framework Act on Low Carbon, Green Growth

34. National comprehensive plan on environment according to Article 12(1) of the Framework Act on Environmental Policy and the comprehensive mid-term plan for environment conservation according to Article 14-2(1) thereof

35. Comprehensive plan on development of environmental technology according to Article 3(1) of the Development of and Support for Environmental Technology Act

36. Basic plan on aggregate supply and demand according to Article 5(1) of the Aggregate Extraction Act

37. National basic plan on traffic safety according to Article 15(1) of the Traffic Safety Act

38. Plan on national transport network infrastructure according to Article 4(1) of the National Transport System Efficiency Act

39. Comprehensive plan on the national land according to Article 9(1) of the Framework Act on the National Land

40. Plan on metropolitan cities according to Article 11(1) of the National Land Planning and Utilization Act and the basic urban plan according to Article 18(1) of thereof

41. Basic plan on metropolitan transport in metropolitan areas according to Article 3(1) of the Special Act on the Management of Metropolitan Transport in Metropolitan Areas

42. Long-term plan on dam construction according to Article 4(1) of the Act on Construction of Dams and Assistance, etc. to their Environs

43. Basic plan on road maintenance and improvement according to Article 22(1) of the Road Act

44. Plan on readjustment of the Seoul metropolitan area according to Article 4(1) of the Seoul Metropolitan Area Readjustment Planning Act

45. Comprehensive housing plan according to Article 7(1) of the Housing Act

46. Plan on metropolitan development projects according to Articles 5(1) and 5(2) of the Balanced Regional Development and Support for Local Small and Medium Enterprises Act

47. Basic plan on groundwater control according to Article 6(1) of the Groundwater Act

48. Plan on establishment of a national railroad network according to Article 4(1) of the Railroad Construction Act

49. Comprehensive long-term plan on water resources according to Article 23(1) of the River Act and the comprehensive plan on basin water control according to Article 24(1) thereof 142 Ministry of Government Legislation 143 Ministry of Government Legislation Violation Legal Rationale

Amount of Fine for

Negligence

5. When a controlled entity fails to perform disclosure according to Article 42(9) of the Act

Article 64(1)3

of the Act

10 million won

6. When a controlled entity fails to implement a correction or supplementation order according to

Article 44(2) of the Act

(a) First violation

(b) Second violation

(c) Third or later violation

Article 64(1)4

of the Act

3 million won

6 million won

10 million won

* Note: The standards for imposition of a fine for negligence according to the number of violations shall be applicable to those cases where a controlled entity is subject to a fine for negligence due to the same violations during the past year.

Enforcement Decree of the Framework Act on Low Carbon, Green GrowthFramework Act and its Presidential Decree on Low Carbon, Green Growth in Korea [Attached Table 7]

Standards for Imposition of Fines for Negligence (Regarding Article 44(2)) Violation Legal Rationale

Amount of Fine for

Negligence

1. When a controlled entity fails to make a report according to Article 42(6) of the Act or makes a

false report:

(a) Lapse of no more than one month

(b) Lapse of more than one month and no more than three months

(c) Lapse of more than three months

(d) Filing of a false report

Article 64(1)1

of the Act

3 million won

5 million won

7 million won

10 million won

2. When a controlled entity fails to make a report according to Article 42(9) of the Act or makes a

false report:

(a) Lapse of no more than one month

(b) Lapse of more than one month and no more than three months

(c) Lapse of more than three months

(d) Filing of a false report

Article 64(1)1

of the Act

3 million won

5 million won

7 million won

10 million won

3. When a controlled entity fails to make a report according to Article 44(1) of the Act or makes a

false report:

(a) Lapse of no more than one month

(b) Lapse of more than one month and no more than three months

(c) Lapse of more than three months

(d) Filing of a false report

Article 64(1)1

of the Act

3 million won

5 million won

7 million won

10 million won