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Laws of the Republic of Korea |
Act No. 8612, Aug. 3, 2007
Amended by Act No. 9931, Jan. 13, 2010
CHAPTER Ⅰ GENERAL PROVISIONS
The purpose of this Act is to ensure that present and future generations enjoy a better quality of life, by accomplishing sustainable development and participating in international efforts to implement sustainable development.
The definitions of terms used in this Act shall be as follows:
1. The term“sustainability”means using economic, social and environmental resources in a harmonized and balanced way without wasting
or deteriorating in quality those resources to be used by future generations to meet the needs of the present;
2. The term“sustainable development”means development based on sustainability that is implemented simultaneously in the pursuit
of economic growth, social stability and integration, and the preservation of the environment.
CHAPTER Ⅱ BASIC STRATEGY, ETC. FOR SUSTAINABLE DEVELOPMENT
The head of a central administrative agency, a Special Metropolitan City Mayor, a Metropolitan City Mayor, or the Governor of a Do
or Special Self-Governing Province (hereinafter referred to as a“Mayor/Do Governor”) shall, as prescribed by Presidential
Decree, submit his/her implementation plan to mutual consultation and adjustment when it is deemed that a central basic plan for
sustainable development (hereinafter referred to as “national implementation plan”) or local basic plan for sustainable development
(hereinafter referred to as “local implementation plan”) of any other central administrative agency, a Special Metropolitan City,
a Metropolitan City, a Do or a Special Self-Governing Province (hereinafter referred to as a“City/Do”) under Article 50 (4) and
(5) of the Framework Act on Low Carbon, Green Growth impedes or is likely to impede the implementation of the implementation plan
of the central administrative agency or City/Do concerned. In such case, the head of the central administrative agency or Mayor/Do
Governor concerned may hear opinions of the Commission on Sustainable Development under Article 15 or the local committee on green
growth concerned under Article 20 of the Framework Act on Low Carbon, Green Growth with respect to such consultation and adjustment.
[This Article Wholly Amended by Act. No. 9931, Jan. 13, 2010]
(1) The Commission shall examine the status of implementation of a national implementation plan every two years and send
the results thereof to the head of the central administrative agency concerned, as prescribed by Presidential Decree.
<Amended by Act No. 9931, Jan. 13, 2010>
(2) The head of the central administrative agency concerned may, if necessary, revise and supplement its national implementation plan
according to the results of examination received from the Commission pursuant to paragraph (1). <Amended by Act No. 9931, Jan.
13, 2010>
(3) and (4) Deleted. <by Act No. 9931, Jan. 13, 2010>
[This Article Wholly Amended by Act. No. 9931, Jan. 13, 2010]
Statutes, etc.)
(1) The head of a central administrative agency, who intends to enact or amend any Act or subordinate statute, the contents of which
may affect sustainable development, shall notify the Commission thereof. <Amended by Act No. 9931, Jan. 13, 2010>
(2) The head of a central administrative agency, who intends to establish or alter a mid- or long-term administrative plan related
to a basic plan for sustainable development, shall notify the details thereof to the Commission. <Amended by Act No. 9931, Jan.
13, 2010>
(3) The head of a local government, who intends to establish or alter an administrative plan related to a local implementation plan,
shall notify the details thereof to the local committee on green growth concerned. <Amended by Act No. 9931, Jan. 13, 2010>
(4) Necessary matters regarding the period, procedures, etc. of notification under paragraphs (1) and (2) shall be prescribed by Presidential
Decree, and those regarding the period, procedures, etc. of notification under paragraph (3) by Municipal Ordinance.
(5) Where it is deemed necessary to review the details of any Act or subordinate statute or any administrative plan notified pursuant
to paragraphs (1) through (3), the Commission or the local committee on green growth concerend may request the head of the central
administrative agency or the head of the local government concerned (hereinafter referred to as“head of the agency concerned”)
to submit related materials. In such case, the head of the agency concerned shall comply with such request unless there exists any
special reason to the contrary. <Amended by Act No. 9931, Jan. 13, 2010>
(6) The Commission or the local committee on green growth concerned shall review the details of any Act or subordinate statute or
any administrative plan notified pursuant to paragraphs (1) through (3) and then notify the results thereof to the head of the agency
concerned. <Amended by Act No. 9931, Jan. 13, 2010>
(7) The head of the agency concerned, when he/she is notified of the results of review by the Commission or the local committee on
green growth concerned pursuant to paragraph (6), shall adequately reflect them in enacting or amending the Act or subordinate statute
concerned or establishing or altering the administrative plan concerned if such results of review are deemed appropriate for sustainable
development. <Amended by Act No.
9931, Jan. 13, 2010>
(8) Necessary matters regarding the procedures, etc. for review and notification by the Commission under paragraph (6) shall be prescribed
by Presidential Decree, and those regarding the procedures, etc. for review and notification by local committees on green growth
under the said paragraph by Municipal Ordinance. <Amended by Act No. 9931,
Jan. 13, 2010>
CHAPTER Ⅲ EVALUATION OF SUSTAINABILITY
(1) The State shall prepare and disseminate sustainable development indicators. <Amended by Act No. 9931, Jan. 13, 2010>
(2) The Commission on Sustainable Development under Article 15 shall evaluate national sustainability every two years in accordance
with the sustainable development indicators stipulated in paragraph (1). <Amended by Act No. 9931, Jan. 13, 2010>
(3) Necessary matters regarding preparation and dissemination of sustainable development indicators and evaluation of sustainability,
as stipulated in paragraphs (1) and (2), shall be prescribed by Presidential Decree or by Municipal Ordinance, respectively.
[This Article Wholly Amended by Act. No. 9931, Jan. 13, 2010]
(1) The National Commission shall prepare a report on sustainability, every two years, which consolidates the results of evaluation
of sustainability referred to in Article 13 (2), and publish it after reporting to the President.
(2) The Government shall submit to the National Assembly a report on sustainability prepared pursuant to paragraph (1).
(3) Necessary matters regarding the preparation, etc. of a report on sustainability under paragraph (1) shall be prescribed by
Presidential Decree.
[This Article Wholly Amended by Act. No. 9931, Jan. 13, 2010]
CHAPTER Ⅳ COMMISSION ON SUSTAINABLE DEVELOPMENT
A Commission on Sustainable Development shall be established under the control of the
Minister of Environment for efficiently implementing national sustainable development.
[This Article Wholly Amended by Act. No. 9931, Jan. 13, 2010]
The Commission shall deliberate on the following matters:
1. Matters relating to prior deliberation of establishment and alteration of a basic plan for sustainable development under Article
50 (2) of the Framework Act on Low Carbon, Green Growth;
2. Matters relating to consultation on and adjustment of a implementation plan under
Article 7;
3. Matters relating to the examination of implementation status of a national implementation plan under Article 9 (1);
4. Matters relating to review, notification, etc. of Acts and subordinate statutes and administrative plans under Article 11;
5. Matters relating to the preparation of sustainable development indicators and the evaluation of sustainability under Article 13;
6. Matters relating to preparation and publication of a report on sustainability under Article
14 (1);
7. Matters relating to dissemination, etc. of knowledge and information on sustainable development under Article 20;
8. Matters relating to education, publicity, etc. under Article 21;
9. Matters relating to cooperation, etc. at home and abroad under Article 22;
10. Other matters relating to the provision of advice and suggestions as requested by the Minister of Environment to develop major
policies to be considered for sustainable development and to resolve relevant social conflicts.
[This Article Wholly Amended by Act. No. 9931, Jan. 13, 2010]
(1) The Commission shall be comprised of not more than fifty members, including one Chairperson, who consist of both ex officio members
and commissioned members, but the number of members who are not public officials shall be a majority of all members in the Commission.
<Amended by Act No. 9931, Jan. 13, 2010>
(2) The office of ex officio members shall be assumed by senior public officials belonging to the Senior Civil Service of central
administrative agencies prescribed by Presidential Decree and the office of the commissioned members by persons commissioned by
the President from among those affiliated with civic and social organizations, academic or
industrial circles, etc. who have profound knowledge and experience in sustainable development. <Amended by Act No. 9931, Jan.
13, 2010>
(3) The Chairperson shall be commissioned by the Minister of Environment from among commissioned members. <Amended by Act No.
9931, Jan. 13, 2010>
(4) The term of office of commissioned members shall be two years, respectively.
(5) Expert committees shall be established to carry out professional research on and investigations into the matters to be deliberated
upon by the Commission by sector.
<Amended by Act No. 9931, Jan. 13, 2010>
(6) Necessary matters regarding the organization, management, etc. of the Commission and technical committees shall be prescribed
by Presidential Decree. <Amended by Act No.
9931, Jan. 13, 2010>
(1) The Commission may, if deemed necessary for sustainable development, present its opinions on the policies of the central administrative
agency or the local government concerned.
(2) The head of the central administrative agency or the local government concerned who receives opinions pursuant to paragraph (1)
shall respect such opinions and endeavor to reflect them in enacting or amending the Acts and subordinate statutes concerned or
establishing or altering the administrative plans concerned.
[This Article Wholly Amended by Act. No. 9931, Jan. 13, 2010]
(1) The Commission may, if necessary to perform its functions, request the head of the administrative agency or the legal entity,
organization, etc. concerned to dispatch the public officials or officers or employees under his/her control or to allow them to
serve concurrently with the National Commission. <Amended by Act No. 9931, Jan. 13, 2010>
(2) The Commission may, if necessary to perform its functions, employ experts in related fields as contract public officials. <Amended
by Act No. 9931, Jan. 13, 2010>
CHAPTER Ⅴ SUPPLEMENTARY PROVISIONS
Development)
(1) The Government shall endeavor to diffuse among citizens knowledge and information on sustainable development and to facilitate
citizens’access to such knowledge and information.
(2) The Commission may build and manage a sustainable development information network to smoothly produce and diffuse knowledge and
information on sustainable development under paragraph (1). <Amended by Act No. 9931, Jan. 13, 2010>
(3) The Commission may request the head of the administrative agency concerned to submit materials necessary to build and manage the
sustainable development information network under paragraph (2). In such case, the head of the administrative agency so requested
shall comply with such request unless there is any special reason to the contrary. <Amended by Act No. 9931, Jan. 13, 2010>
(4) The Commission may, if necessary to efficiently build and manage the sustainable development information network under paragraph
(2), request the head of the specialized institution concerned to investigate the current state of sustainable development or entrust
him/her with building and management of the sustainable development information network. <Amended by Act No. 9931, Jan. 13,
2010>
(5) Necessary matters regarding the scope of materials to be submitted, request for investigation of the current state of sustainable
development from the head of the specialized institution concerned, building and management of the sustainable development information
network or entrustment of such building and management, etc. under paragraphs (2) through (4) shall be prescribed by Presidential
Decree.
The State and a local government may develop survey, research and education programs that may be necessary to realize sustainable development, and perform publicity activities, etc. related to sustainable development. <Amended by Act No. 9931, Jan. 13, 2010>
(1) The State and each local government shall work in close cooperation with each other to better achieve the sustainable development
of the State and each local government.
<Amended by Act No. 9931, Jan. 13, 2010>
(2) The State and each local government shall faithfully fulfill in mutual cooperation the agreements and norms of the international
community on sustainable development including Agenda 21 and the Johannesburg Plan of Implementation.
(3) The State and each local government shall support various activities performed at home
and abroad by enterprises, civic and social organizations, etc. to attain sustainable development.
ADDENDUM
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 9931, Jan. 13, 2010>
This Act shall enter into force three months after the date of its promulgation. (Proviso
Omitted.)
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