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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 648
ENFORCEMENT DECREE OF THE SOIL ENVIRONMENT CONSERVATION ACT
Presidential Decree No. 14848, Dec. 29, 1995
Amended by Presidential Decree No. 16058, Dec. 31, 1998 Presidential Decree No. 17432, Dec. 19, 2001
Presidential Decree No. 17698, Aug. 8, 2002
Presidential Decree No. 17816, Dec. 26, 2002
Presidential Decree No. 18213, Jan. 9, 2004
Presidential Decree No. 18312, Mar. 17, 2004
Presidential Decree No. 18910, Jun. 30, 2005
Presidential Decree No. 18953, Jul. 22, 2005
Presidential Decree No. 20297, Aug. 28, 2007
Presidential Decree No. 21078, Oct. 8, 2008
Article 1 (Purpose)
The purpose of this Decree is to provide the matters delegated by the Soil Environment Conservation
Act and the necessary matters
for the enforcement thereof.
Articles 2 and 3 Deleted.
(2) When the basic plan has been formed, or when the Minister of Environment has approved the
regional soil conservation plan (hereinafter
referred to as the "regional plan") in accordance with the
provisions of Article 4 (4) of the Act, he shall, without any delay,
notify the head of the relevant
administrative agency of that fact. The head of the relevant administrative agency who has been
thus
notified shall take measures necessary for the enforcement of the basic plan or the regional plan,
unless there exist any
special circumstances to the contrary.
Article 5 (Compensation for Loss)
(1) The amount of compensation for loss as provided in the provisions of Article 9 (1) of the Act,
shall be determined in consideration
of the transaction price, rent, profitability of the land, buildings,
standing timber, earth and rocks, and other constructions
concerned.
(2) Any person who intends to claim for compensation for a loss in accordance with the provisions
of Article 9 (2) of
the Act, shall submit to the Minister of Environment, the Mayor/Do governor, the
head of Si/Gun/ Gu (referring to an autonomous
Gu; hereinafter the same shall apply) or the head
of any soil-related specialized institution (hereinafter referred to as "soil-related
specialized institution")
provided for in Article 23-2 of the Act a written claim stating the following particulars accompanied
by documents evidencing the loss to it:
1. The name, resident registration number and address of the claimant;
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7. Enforcement Decree of the Soil Environment Conservation Act
649
2. The date and place where the loss occurred;
3. The contents of the loss; and
4. The amount of the loss and the method of assessing it.
(3) Upon receiving the written claim for the compensation for loss as provided
in paragraph (2), the
Minister of Environment, the Mayor/Do governor, the head of Si/Gun/Gu or the head of any soil-related
specialized
institution shall, without any delay, notify the claimant of the following matters: 1. The period and method of consultation; and
2. The time, method and procedures of compensation.
(4) Any person who intends to file a motion for adjudication with the Land Expropriation
Committee
in accordance with the provisions of Article 9 (4) of the Act, shall submit the written motion for
adjudication stating
the following matters to the relevant Land Expropriation Committee:
1. The name and address of the person who has filed a motion for adjudication and of the adverse
party;
2. Kinds of the business involved;
3. The fact that the loss has been incurred;
4. The particulars with respect to the amount of the compensation for the loss as determined by
the disposition bureau and the amount
as claimed by the person who has filed a motion; and
5. Details of the consultation.
(5) Deleted.
(2) The head of Si/Gun/Gu shall, when he orders any person responsible for contamination to take measures
to purify the contaminated
soil (referring to the soil contaminated beyond the worrisome level of soil
contamination under Article 4-2 of the Act; hereinafter
the same shall apply) under Article 11 (3)
of the Act, fix a period during which he carries out such order, within the limit of
two years, taking
consideration of the scale, etc. of the contaminated soil: Provided, That with regard to any person
who inevitably
fails to carry out the order during the fixed period due to the scale, engineering methods,
etc. of the purification works, the
head of Si/Gun/Gu may extend such period within the limit of one
year per each time up to two times.
[This Article Newly Inserted by Presidential Decree No. 18910, Jun. 30, 2005]
Article 6 (Report, etc. on Specific Facilities Subject
to Control of Soil Contamination)
(1) Any person who intends to file a report on the installation of specific facilities subject
to the control
of soil contamination under Article 12 (1) of the Act shall file such report with the head of Si/Gun/Gu,
accompanied
by documents falling under each of the following subparagraphs: Provided, That in case
of oil storage facilities installed for use
by the military under Article 2 (1) 3 of the Act on National
Defense and Military Installations Projects, part of the documents
required to be accompanied may be
exempted or part of matters to be entered in such documents may be omitted under the conditions
as prescribed by the Ordinance of the Ministry of Environment:
18910, Jun. 30, 2005>
1. Statement detailing the installation of specific facilities subject to the control of soil contamination,
and related drawings;
2. Statement detailing names of materials contaminating soil, the storage capacity of such materials
and the density of such materials;
3. Plan to install facilities to prevent soil from being contaminated (hereinafter referred to as "facilities
to prevent the soil
contamination");
4. Topography in the vicinity of specific facilities subject to the control of soil contamination and
diagram indicating the area
feared to be damaged and spots to be measured; and
5. Other matters that are deemed necessary by the head of Si/Gun/Gu.
(2) Any person who intends to alter the specific facilities
subject to the control of soil contamination
(including the shutdown of such facilities) under the latter part of Article 12 (1)
of the Act shall file
a report thereon with the head of Si/Gun/Gu, accompanied by a statement detailing the alteration
(shutdown)
of such specific facilities subject to the control of soil contamination.
[This Article Wholly Amended by Presidential Decree No. 17432, Dec. 19, 2001]
Article 7 (Installation of Facilities to Prevent Soil
Contamination in Specific Facilities Subject to Control of Soil Contamination)
(1) Any installer of specific facilities subject
to the control of soil contamination (including any operator
of such facilities; hereinafter the same shall apply) shall, under
Article 12 (3) of the Act, install
the facilities to prevent soil contamination falling under each of the following subparagraphs
by the
specific facilities subject to the control of soil contamination: 1. Installation of facilities to prevent any leakage, such as facilities going through the process to
prevent corrosion and oxidization
of the specific facilities subject to the control of soil contamination,
facilities using materials that have the leakage-prevention
performance, or tanks with double
walls, etc.;
2. In the case of storage facilities, among the specific facilities subject to the control of soil contamination,
that will be located
underground, installation of facilities that can detect the leakage of soil pollutants
or can confirm whether or not soil pollutants
are leaking and installation of measuring instruments,
etc.; and
3. Installation of such facilities as are necessary for the measures to prevent diffusion of contamination
or to reduce the degree
of toxicity, in the event that soil pollutants leak from the specific facilities
subject to the control of soil contamination.
(2) Other matters necessary for the installation of the facilities to prevent soil contamination as provided
in any subparagraphs
of paragraph (1), shall be publicly notified by the Minister of Environment following
a consultation with the head of the relevant
central administrative agency.
Article 8 (Examination of Soil Contamination on Specific Facilities Subject to Control of Soil Contamination)
(1) Any installer
of specific facilities subject to the control of soil contamination shall get soil contamination
in his facilities examined periodically
under Article 13 (1) of the Act according to the classification
falling under each of the following subparagraphs. In this case,
he shall not be required to undergo
the examination of the level of soil contamination under subparagraph 1 in a year when the leakage
examination referred to in subparagraph 2 is made: 7. Enforcement Decree of the Soil Environment Conservation Act
651
2005>
1. He shall get the level of soil contamination in his facilities examined once each year by any soil-related
specialized institution
in the time prescribed by the Ordinance of the Ministry of Environment:
Provided, That in the event that soil-contamination prevention
facilities provided for in Article
7 are installed, the frequency of such examination may be adjusted within the limit of three
years
according to the standards set by the Ordinance of the Ministry of Environment; and
2. He shall get the examination of leakage in his specific facilities subject to the control of soil contamination
(excluding the
facilities subject to periodic examination under Article 17 of the Enforcement Decree
of the Safety Control of Dangerous Substances
Act; hereinafter referred to as the "facilities subject
to leakage examination") under the proviso of Article 13 (3) of the Act
conducted by any soil-related
specialized institution within six months if ten years have passed since the installation of such
facilities, and thereafter according to the following classification:
(a) Where the examination of leakage is conducted by the
method of open-cup-type non-destructive
test: every sixth year; and
(b) Where the examination of leakage is conducted by such indirect method as a pressure-increasing
test or pressure-reducing test:
every fourth year.
(2) In the case falling under each of the following subparagraphs, the soil contamination shall be examined
by any soil-related specialized institution in addition to the examination of the soil contamination conducted
under paragraph (1)
(hereinafter referred to as "periodic examination"): Provided, That this shall
not apply to the cases where any cause provided in
any of subparagraphs 1 through 3 accrues within
three months after undergoing the examination of soil contamination level referred
to in paragraph
(1) 1: 1. In the event that any installer of the specific facilities subject to the control of soil contamination
intends to discontinue
the use of such facilities or close such facilities, the soil-contamination examination
of such facilities shall be conducted during
a period ranging from three months prior to the date
on which the use of such facilities is discontinued or such facilities are
closed to the date preceding
the date on which the use of such facilities is discontinued or such facilities are closed;
2. In the event that a change arises in the operator of the specific facilities subject to the control
of soil contamination due
to the transfer or rent, etc. thereof, the soil contamination of such facilities
shall be examined during a period ranging from
three months prior to the date of such change
to the date preceding the date of such change;
3. In the event that any installer of the specific facilities subject to the control of soil contamination
intends to replace the
facilities, the site of such facilities and the soil in the area in the vicinity of
such facilities or alter kinds of soil-contaminating
materials that are stored in such facilities, he
shall get the soil-contamination level therein examined during a period ranging
from three months
prior to the date of replacement or alteration to the date preceding the date of replacement or
alteration;
4. In the event that, with respect to the facilities subject to leakage examination, the soil of such
facilities is confirmed to
be contaminated beyond the standards set by the Ordinance of the Ministry
of Environment as a result of the examination conducted
under paragraphs (1) 1 and (2) 1 through
3, the examination of leakage shall be promptly conducted thereon; and
Reproduced from
statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
652
5. In the event that soil polllutants are leaked out of the specific facilities subject to the control of
soil contamination, the
examination of soilcontamination level and leakage (limited to the facilities
subject to leakage examination) shall be promptly
conducted thereon.
(3) Where the examination of soil contamination level referred to in paragraph (2) 1 through 3 or
5 is conducted,
the next examination of soil contamination level under paragraph (1) 1 shall be deemed
to be completed, and where the examination
of leakage referred to in paragraph (2) 4 or 5 is made, the
examination of leakage under paragraph (1) 2 shall be conducted on a
basis of the date when the
said examination is made.
(5) Necessary matters concerning items of the soil-contamination examination shall be prescribed by
the Ordinance of the Ministry
of Environment.
[This Article Wholly Amended by Presidential Decree No. 17432, Dec. 19, 2001]
Article 8-2 (Exemption, etc. from Examination of Soil
Contamination)
(1) The cases where the head of Si/Gun/Gu can give approval for the exemption from the examination
of soil contamination
on the specific facilities subject to the control of soil contamination under the
proviso of Article 13 (1) of the Act shall be
as follows:
1. Where, with respect to the oil pipeline facilities under the Oil Pipeline Safety Control Act from
among the specific facilities
subject to the control of soil contamination, the devices of confirming
the leakage of oil are installed (limited to the examination
of the level of soil contamination) or
the safety check-up is undergone under Article 8 of the said Act (limited to the examination
of leakage);
2. Where a soil contamination survey institution deems it impossible to take a soil sample because
the facilities concerned are established
in the undersurface of ground or the basement of a building,
etc. incapable of soil boring;
3. Where a soil-related specialized institution deems it unnecessary to conduct the examination of
soil contamination because soil
pollutants have not been stored in storage facilities for one year
or more or due to the existence of other causes;
4. Where, among multiple facilities storing the same type of soil pollutants, the use of some facilities
is terminated or closed
(limited to the examination of the level of soil contamination under Article
8 (2) 1);
5. Where it is intended to change the stored soil pollutants to other soil pollutants on which the
items of examination under Article
8 (5) are of the same kind (limited to the examination of the
level of soil contamination under Article 8 (2) 3); and
6. Where, otherwise, the head of Si/Gun/Gu deems it unnecessary to conduct the examination of
soil contamination because purification
works are under way pursuant to a soil purification order
or due to the existence of other causes.
(2) In the cases of paragraph (1) 1, 4, 5 and 6, the opinions of soil-related specialized institutions
shall not be required to
be attached at the time of applying for approval for exemption from the examination
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653
of soil contamination under the proviso of Article 13 (2) of the Act.
(3) Where the specific facilities subject to the control of
soil contamination referred to in paragraph (1)
1 are installed over the jurisdictional areas of the heads of not less than two
Sis/Guns/Gus, the head
of Si/Gun/Gu who has jurisdiction over the main office of the installer of the specific facilities subject
to the control of soil contamination shall be entitled to give approval for exemption from the examination
of soil contamination
on the said facilities.
(4) Where the specific facilities subject to the control of soil contamination exempted from the examination
of soil contamination
no more have any ground for such exemption, the head of Si/Gun/Gu shall,
without delay, withdraw approval for such exemption.
[This
Article Newly Inserted by Presidential Decree No. 18910, Jun. 30, 2005]
Article 8-3 (Corrective Order, etc.)
(1) The head of Si/Gun/Gu shall, when he orders any installer of the specific facilities subject to the
control of soil contamination
to install soil-contamination prevention facilities, etc. in accordance with
Article 14 (1) of the Act (hereinafter referred to
as a "corrective order"), set a period during which
such installer carries out such order, within the limit of one year in the case
of an order to install
or improve soil-contamination prevention facilities and to conduct a detailed soil survey and within
the
limit of two years in the case of an order to take measures to purify contaminated soil, respectively,
taking account of the findings
of the soil-contamination examination under Article 8 and the types, scale,
etc. of the specific facilities subject to the control
of soil contamination.
(2) With regard to any person who inevitably fails to carry out the corrective order during the fixed
period provided for in paragraph
(1) due to the scale and engineering methods, etc. of the works,
the head of Si/ Gun/Gu may extend such period within the limit
of one year per each time up to
two times.
(2) Deleted.
(1) The Mayor/Do governor or the head of Si/Gun/Gu shall, when he orders any person responsible
for contamination to take steps
to prevent soil from being contaminated under Article 15 (3) of the
Act (hereinafter referred to "order given to take steps"), fix
a period during which he carries out
such order, within the limit of two years, taking account of soil pollutants and the kind and
size, etc.
of facilities.
Presidential Decree No. 18910, Jun. 30, 2005>
[This Article Newly Inserted by Presidential Decree No. 17432, Dec. 19, 2001]
Article 10 (Standards for and Methods of Purifying
Contaminated Soil)
(1) Standards for purifying contaminated soil under Article 15-3 (1) of the Act shall follow the
worrisome level
of soil contamination under Article 4-2 of the Act.
(2) The methods of purifying contaminated soil under Article 15-3 (1) of the Act shall be as follows:
1. The biological treatment, including decomposition of contaminated materials, using microorganism;
2. The physical and chemical treatment, including cutting off, separation-extraction and cleansing
treatment of contaminated materials,
etc.; or
3. The heat treatment, including burning and decomposition, of contaminated materials.
(3) Detailed matters concerning the methods
of purification under each subparagraph of paragraph
(2) shall be prescribed and published by the Minister of Environment.
[This Article Wholly Amended by Presidential Decree No. 17432, Dec. 19, 2001]
Article 11 (Direct Performance of Purification Works
by Person Responsible for Contamination)
With respect to contaminated soil falling under any of the following subparagraphs, a person
responsible
for such soil contamination may purify it himself without commissioning the purification work to a
person who has made
a registration of the soil purification business (hereinafter referred to as the
"soil purification business operator") under Article
23-7 (1) of the Act, pursuant to the proviso of
Article 15-3 (2) of the Act:
1. Contaminated soil in the facilities of military units under the Act on National Defense and Military
Installations Projects or
soil contaminated in the course of military activities, each of which is
less than 50 cubic meters in quantity; and
2. Soil contaminated by organic solvents or oil, which is less than 5 cubic meters in quantity.
[This Article Newly Inserted by Presidential
Decree No. 18910, Jun. 30, 2005]
Article 11-2 (Omission of Verification of Purification Process)
Where the amount of contaminated
soil is found to be less than 1000 cubic meters [excluding the soil
contaminated by heavy metals, the extent of whose contamination
is not less than 500 cubic meters
in excess of the standards of measures against soil contamination (hereinafter referred to as
the "measure
standards") under Article 16 of the Act] under the proviso of Article 15-6 (1) of the Act, the verification
of the
purification process may be omitted.
[This Article Newly Inserted by Presidential Decree No. 18910, Jun. 30, 2005]
Article 12 (Designation of Area Requiring Measures
for Soil Conservation)
(1) The term "any area that falls under the case that is prescribed by the Presidential Decree"
in the proviso
of Article 17 (1) of the Act means any of the following:
1. Farmland where the size of land in which the pollutant content of crops under cultivation is in
excess of the maximum residue
limit of heavy metal (hereinafter referred to as the "maximum
residue limit of heavy metal") under Article 7 of the Food Sanitation
Act is not less than 10,000
square meters; and
2. Area for which special measures are to be taken to prevent any damage to people's health or environment
because the soil, underground
water, etc. is simultaneously contaminated with soil pollutants such
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7. Enforcement Decree of the Soil Environment Conservation Act
655
as heavy metals, oil, etc.
(2) The head of Si/Gun/Gu shall, when he asks the Minister of Environment to designate any area
requiring measures for soil conservation
under Article 17 (2) of the Act, file a written request for
designating such area requiring measures for soil conservation with
the Minister of Environment,
accompanied by drawings indicating the relevant area.
(3) The standards for designating the area requiring measures for soil conservation under Article 17
(3) of the Act shall be as
follows: 1. In case of farmland, the area where the soil contamination level 30 centimeters deep from the surface
of the earth is in excess
of the measure standards for soil-contamination level and other area which
is asked by the head of Si/Gun/Gu to be designated as
an area requiring measures for soil conservation
after the contents of contaminated materials in crops grown in such area are found
to be in excess
of the maximum residue limit of heavy metal; and
2. In case of area other than farmland, the area where the soil-contamination level between the surface
of the earth and the upper
soil of ground water (aquifer) is in excess of the measure standards
for soil-contamination level and other area which is asked
by the head of Si/Gun/Gu to be designated
as an area requiring measures for soil conservation after such area is feared to inflict
a physical
injury upon persons and such area must be not less than 10,000 square meters.
(4) The Minister of Environment shall,
when he designates and publishes any area requiring measures
for soil conservation under Article 17 (4) of the Act, furnish the
contents of such publication and the
relevant documents to the head of Si/Gun/Gu concerned for public perusal and signboards publishing
the contents of such designation shall be put up in places that are frequented by the public within the
area requiring measures
for soil conservation. 1. Cultivation of fertile farmland such as trial use of a soil controller or bringing soil from another
land and mixing it with the
soil in question, etc.;
2. Dredging projects of contaminated waterways;
3. Hygienic reclamation projects of contaminated soil;
4. Cultivation projects of such plants as are strong absorbents of the soil pollutants; and
5. Other projects deemed necessary by the head of Si/Gun/Gu.
Article 13-2 (Survey, etc. of Damage to Health of Residents)
The details
of the survey of damage to the health of residents and the countermeasures therefor as
provided for in Article 18 (4) of the Act
shall be as follows:
1. Scope of residents subject to the survey of damage to health and the methods of such survey;
2. Institution in charge of the survey of damage to health;
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
656
3. Decision on damage to health and the countermeasures therefor; and
4. Other necessary matters relating to the survey of damage to health and the countermeasures therefor.
[This Article Newly Inserted
by Presidential Decree No. 18910, Jun. 30, 2005]
Article 14 (Accommodating Jurisdiction of Regions Requiring Measures)
(1) The
projects to improve contaminated soil within the region requiring measures in accordance
with the provisions of Article 19 (4) of
the Act, shall be implemented for each jurisdictional area.
In a case where the implementation of the projects of each jurisdictional
area is difficult, the head
of Si/Gun/Gu who has jurisdiction over the region more widely contaminated, shall implement the
projects
to improve contaminated soil.
When the head of Si/Gun/Gu intends to set a limitation on the use of land or on the installation
of facilities within the region
requiring measures in accordance with the provisions of Article 20 of
the Act, he shall determine and give a public notice of the
object, method, period, region, etc. of the
limitation. In this case, he shall take into consideration the purpose of the designation
of the region
for a particular use and the limitation of activities as prescribed in the National Land Planning and
Utilization
Act.
Article 16 (Limitations on Installation of Facilities Within Region Requiring Measures)
The term "facilities, installed in the region
requiring measures, which are deemed to have the possibility
to harm the purpose of the designation of the region requiring measures,
and are determined by the
Presidential Decree" in Article 21 (2) of the Act means facilities which produce pollutants mainly causing
the designation of the region requiring measures, facilities which use raw materials containing pollutants,
or facilities which
produce goods containing pollutants.
Article 17 (Special Cases on Abandoned Metal Mining Region)
The heads of Sis (excluding the
head of a Si in which Gus are established)/Guns/Gus shall investigate
the present conditions of the metal mining regions, among
the regions under their jurisdiction, for
which the responsibility of the mining right holder or a mining concession right holder
is extinguished
in accordance with the provisions of Article 18 of the Mining Safety Act and shall report the results
of the investigation
to the Mayor/Do governor and the Minister of Environment.
Article 17-2 (Standards, etc. for Designation of Soil-Related Specialized Institution)
(1) Any person who intends to be designated
as a soil-related specialized institution pursuant to the
former part of Article 23-2 (1) of the Act shall equip himself with the
examination facilities and
equipment and the technical manpower as shown in the attached Table 1.
(2) The change of the designated
matters subject to the latter part of Article 23-2 (1) of the Act
shall be as follows:
1. Any change in the trade name or the location of business place;
2. Replacement of the representative; and
3. Replacement of the technical manpower.
(3) In changing the matters provided for in each subparagraph of paragraph (2), the designation
of
the changed matters shall be made within thirty days from the date when the cause of such change
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657
accrues.
[This Article Newly Inserted by Presidential Decree No. 18910, Jun. 30, 2005]
Article 17-3 (Soil Contamination Survey Agency)
Agencies that are deemed to be designated as soil contamination survey agencies under the proviso
of Article 23-2 (2) of the Act
shall be as follows:
1. The National Institute of Environmental Research;
2. The City/Do health and environmental research institutes;
3. The basin environment offices or the regional environment offices;
4. National Institute of Agricultural Science under the Rural Development Administration; and
5. Korea Forest Research Institute under the Forestry Administration.
[This Article Newly Inserted by Presidential Decree No. 17432,
Dec. 19, 2001]
Article 17-4 (Requirements, etc. for Registration of Soil Purification Business)
(1) Any person who intends to get
his soil purification business registered pursuant to the former
part of Article 23-7 (1) of the Act shall equip himself with the
facilities, equipment and technical manpower
as shown in the attached Table 2.
(2) The change of the registered matters subject to the latter part of Article 23-7 (1) of the Act
shall be as follows:
1. Any change in the trade name or the location of business place;
2. Replacement of the representative;
3. Replacement of the technical manpower; and
4. Any change in the carry-in purification facilities provided for in subparagraph 1 (b) of the attached
Table 2.
(3) In changing the matters provided for in paragraph (2) 1 through 3, the registration of the changed
matters shall be made within
thirty days from the date when the cause of such change accrues, and
in changing the matters provided for in paragraph (2) 4, the
registration of such change shall be
made in advance.
[This Article Newly Inserted by Presidential Decree No. 18910, Jun. 30, 2005]
Article 18 (Delegation of Authority)
The Minister of Environment shall delegate the following authority to the head of a basin environment
office or the head of a regional
environment office in accordance with the provisions of Article 27
of the Act: 1. The establishment of the measuring network and the regular measuring in accordance with the
provisions of Article 5 (1) of the
Act;
2. The detailed soil survey in accordance with the provisions of Article 5 (4) of the Act;
3. The expropriation or use of land, etc. in accordance with the provisions of Article 7 (1) of the
Act;
4. The designation of soil-related specialized institutions and the publication thereof under Article
23-2 (1) and (3) of the Act;
5. The administrative disposition taken against any soil-related specialized institutions under Article
23-6 of the Act;
5-2. The registration of any soil purification business, and any change in such registration, under
Reproduced from statutes of
Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
658
Article 23-7 (1) of the Act;
5-3. The revocation of a soil purification business registration, and the suspension of the operator's
business, under Article 23-10
of the Act;
6. The report, the submission of data and inspection under Article 26-2 (2) of the Act;
7. The hearing held under subparagraphs 2 and 3 of Article 26-5 of the Act; and
8. The imposition and collection of the fine for negligence in accordance with the provisions of Article
32 of the Act.
Article 19 (Imposition and Collection of Fine for Negligence)
(1) When the Minister of Environment or the Mayor/Do governor (hereinafter
referred to as the "imposing
authority") imposes a fine for negligence in accordance with the provisions of Article 32 (3) of the
Act, he shall investigate and confirm the act of violation and shall notify the person subject to the
disposition of the fine for
negligence of the facts of the violation, a method of raising an objection, and
the period for raising an objection.
(2) When the imposing authority imposes the fine for negligence in accordance with the provisions
of paragraph (1), he shall give
the person subject to the disposition of the fine for negligence an opportunity
to state a written or oral opinion (including electronic
documents) after having designated a period
of not less than 10 days for doing so. In the event no opinion is stated within the
designated period,
it shall be considered that there is no opinion.
ADDENDUM
This Decree shall enter into force on January 6, 1996.
ADDENDA
ADDENDUM
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
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659
Articles 2 through 5 Omitted.
ADDENDA
This Decree shall enter into force on January 1, 2003.
Articles 2 through 17 Omitted.
ADDENDA
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM
This Decree shall enter into force on July 1, 2005: Provided, That the amended provisions of Articles
8-2 (1) 1, 11, and 11-2 shall
take effect on January 1, 2006, and the amended provisions of Article
8 (1) 2 and (3) (limited to the matters relating to the examination
of leakage) on July 1, 2006.
Article 2 (Applicable Cases concerning Corrective Order)
The amended provisions of Article 8-3 concerning
the period of implementing a corrective order and
the extension of such a period shall apply to any person to whom such corrective
order is given on
or after the enforcement date of this Decree.
Article 3 (Transitional Measures concerning Leakage Examination)
(1) Notwithstanding the amended provisions of Article 8 (1) 2 concerning
the examination of leakage,
the facilities subject to leakage examination for which not less than fifteen years have passed at the
time of the enforcement of the said provisions since they were installed shall undergo the examination
of leakage not later than
June 30, 2007, and the facilities subject to leakage examination for which not
less than ten years but less than fifteen years have
passed at the time of the enforcement of the
said provisions since their installation, not later than June 30, 2008, respectively.
(2) Notwithstanding the provisions of paragraph (1), if the examination of leakage as referred to in
Article 8 (1) 2 (a) is undergone
after July 1, 2001 (referring to July 1, 2002 in case of the facilities
for which not less than ten years but less than fifteen
years have passed since their installation)
or the examination of leakage as referred to in Article 8 (1) 2 (b) is undergone after
July 1, 2003 (referring
to July 1, 2004 in case of the facilities for which not less than ten years but less than fifteen years
have passed since their installation), the next examination of leakage shall be undergone according
to the classification of items
of Article 8 (1) 2 on the basis of the date when such examination is
conducted.
Article 4 (Transitional Measures concerning Standards for Designation of Soil-Related Specialized Institution)
Any person who is
designated as a soil contamination survey institution at the time of the entry
into force of this Decree shall receive the designation
of its change after equipping himself with the
examination facilities and equipment and the technical manpower as described in the
amended provisions
of subparagraph 1 of the attached Table 1 within six months from the date when this Decree takes
Reproduced
from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
660
effect, and any person who is designated as a leakage examination institution at the time of the entry
into force of this Decree
shall receive the designation of its change after equipping himself with the
examination facilities and equipment and thetechnical
manpower as described in the amended provisions
of subparagraph 2 of the attached Table 1 within one year from the date when this
Decree takes
effect.
ADDENDA
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA
This Decree shall enter into force on October 5, 2008. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
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