INDOOR AIR QUALITY CONTROL ACT

Article 1(Purpose) #

The purpose of this Act is to protect health of the people using the following facilities and to prevent environmental risks, by adequately maintaining and controlling indoor air quality within public-use facilities, newly-built multi-family housing, and public transportation vehicles. <Amended on Mar. 22, 2013>

Article 2(Definitions) #

The terms used in this Act are defined as follows: <Amended on May 31, 2005; Mar. 22, 2013; May 26, 2020>

1. The term "public-use facility" means any facility used by many unspecified persons;

2. The term "multi-family housing" means the multi-family housing defined in Article 2 (2) 2 of the Building Act;

2-2. The term “public transportation vehicle” means any vehicle used to transport many unspecified persons;

3. The term "pollutant" means gas, floating particulate, etc. causing air pollution in indoor space, which are prescribed by Ordinance of the Ministry of Environment;

4. The term "ventilation equipment" means any equipment which lets out the polluted indoor air, and lets in fresh outdoor air, to maintain the air pleasant pleasantly in indoor spaces;

5. The term "air purifier" means any equipment which eliminates or reduces pollutants in indoor spaces, installed either within the ventilation equipment or separately from said equipment.

Article 3(Scope of Application) #

(1) Public-use facilities subject to this Act mean public-use facilities of the scale prescribed by Presidential Decree among the following facilities: <Amended on Dec. 22, 2015; Mar. 29, 2016; Apr. 2, 2019; Dec. 7, 2021>

1. Subway stations (including passages for entrance, waiting rooms, station platforms and passages for transfer, and facilities appurtenant thereto);

2. Underground shopping districts (including the facilities of underground floors appurtenant to a building on the ground);

3. Waiting rooms in the railway stations;

4. Waiting rooms in the passenger terminals defined in subparagraph 5 of Article 2 of the Passenger Transport Service Act;

5. Waiting rooms among harbor facilities defined in subparagraph 5 of Article 2 of the Harbor Act;

6. Passenger terminals among airport facilities defined in subparagraph 8 of Article 2 of the Airport Facilities Act;

7. Libraries defined in subparagraph 1 of Article 3 of the Libraries Act;

8. Museums defined in subparagraph 1 of Article 2 of the Museum and Art Gallery Support Act and art galleries defined in subparagraph 2 of Article 2 of the same Act;

9. Medical institutions prescribed in Article 3 (2) of the Medical Service Act;

10. Postnatal care centers defined in subparagraph 11 of Article 2 of the Mother and Child Health Act;

11. Sanatoriums for senior citizens referred to in Article 34 (1) 1 of the Welfare of Senior Citizens Act;

12. Childcare centers referred to in subparagraph 3 of Article 2 of the Infant Care Act;

12-2. Indoor children's play facilities that are defined in subparagraph 2 of Article 2 of the Act on the Safety Control of Children's Amusement Facilities;

13. Superstores defined in subparagraph 3 of Article 2 of the Distribution Industry Development Act;

14. Funeral homes referred to in Article 29 of the Act on Funeral Services, Etc. (limited to facilities located underground);

15. Movie theaters defined in subparagraph 10 of Article 2 of the Promotion of the Motion Pictures and Video Products Act (limited to indoor movie theaters);

16. Private teaching institutes defined in subparagraph 1 of Article 2 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons;

Article 4(Responsibilities of the State) #

(1) The State and local governments shall formulate and implement policies necessary for controlling indoor air quality within public-use facilities, multi-family housing, and public transportation vehicles (hereinafter referred to as “public-use facilities, etc.”).

(2) Citizens shall actively cooperate with the State or local governments in promoting policies for controlling indoor air quality within public-use facilities, etc. <Newly Inserted on Dec. 22, 2015>

[This Article Newly Inserted on Jun. 12, 2013]

[Title Amended on Dec. 22, 2015]

Article 4-2(Relationship to Other Statutes) #

(1) Except as otherwise expressly provided in other Acts, this Act shall apply to the control of indoor air quality within public-use facilities, etc.

(2) Other Acts relating to the control of indoor air quality within public-use facilities, etc. shall be enacted or amended in compliance with this Act.

[This Article Newly Inserted on Dec. 22, 2015]

[Previous Article 4-2 moved to Article 4-3 <Dec. 22, 2015>]

Article 4-3(Master Plans to Control Indoor Air Quality) #

(1) The Minister of Environment shall formulate a master plan necessary for controlling indoor air quality (hereinafter referred to as “master plan”) every five years in consultation with the head of a related central administrative agency.

(2) When it is necessary for formulating a master plan, the Minister of Environment shall hear the opinion of a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor").

(3) Master plans shall include the following matters:

1. Basic objectives of controlling indoor air quality within public-use facilities, etc. and direction-setting for implementing the objectives;

2. Status of and outlook for controlling indoor air quality control within public-use facilities, etc.;

3. Installation and operation of a network for measuring indoor air quality within public-use facilities and public transportation vehicles;

4. Establishment and amendment of standards for controlling indoor air quality within public-use facilities, etc.;

5. Other matters necessary for controlling indoor air quality.

(4) When the Minister of Environment deems it necessary to amend a master plan, the Minister may amend the master plan after examining the validity thereof. In such cases, the Minister shall hear the opinion of the Mayor/Do Governor and consult with the head of a related central administrative agency in advance.

(5) After formulating or amending a master plan, the Minister of Environment shall notify the head of a related central administrative agency and the Mayor/Do Governor the master plan.

[This Article Newly Inserted on Jun. 12, 2013]

[Moved from Article 4-2; previous Article 4-3 moved to Article 4-4 <Dec. 22, 2015>]

Article 4-4(Implementation Plans to Control Indoor Air Quality) #

(1) The head of a related central administrative agency shall formulate and implement a detailed plan necessary for enforcing the master plan (hereinafter referred to as “implementation plan”) by jurisdiction according to the master plan, and the Mayor/Do Governor shall formulate and implement an implementation plan of the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province (hereinafter referred to as "City/Do") according to the master plan and the implementation plan of the relevant central administrative agencies.

(2) The head of a related central administrative agency and the Mayors/Do Governors shall submit the implementation plan for the following year and outcomes of implementing the implementation plan in the previous year to the Minister of Environment, as prescribed by Presidential Decree.

(3) Formulation of implementation plans and other necessary matters shall be prescribed by Presidential Decree.

[This Article Newly Inserted on Jun. 12, 2013]

[Moved from Article 4-3; previous Article 4-4 moved to Article 4-5 <Dec. 22, 2015>]

Article 4-5(Fact-Finding Surveys on Indoor Air Quality) #

(1) In order to efficiently formulate and implement a master plan and implementation plans, the Minister of Environment, the head of the relevant central administrative agency, or the Mayor/Do Governor shall conduct a fact-finding survey on the indoor air quality control. In such cases, he or she may conduct a fact-finding survey jointly with relevant administrative agencies, private organizations, etc. to enhance the objectivity and efficiency of the survey. <Amended on Apr. 2, 2019>

(2) The Minister of Environment, the head of the relevant central administrative agency, or the Mayor/Do Governor shall publish the results of the fact-finding survey conducted under paragraph (1). <Amended on Apr. 2, 2019>

(3) If necessary for the fact-finding survey referred to in paragraph (1), the Minister of Environment, the head of a related central administrative agency, or the Mayor/Do Governor may request the heads of relevant administrative agencies, the heads of public institutions referred to in Article 4 of the Act on the Management of Public Institutions, or the heads of institutions or organizations prescribed by Presidential Decree to submit data or state their opinions. In such cases, a person in receipt of such request shall comply therewith, except in any special circumstances.

[This Article Newly Inserted on Dec. 22, 2015]

Article 4-6(Establishment of Measuring Network) #

(1) To ascertain the actual condition of indoor air quality within public-use facilities and public transportation vehicles, the Minister of Environment may measure it regularly by establishing a measuring network.

(2) To ascertain the actual condition of indoor air quality within public-use facilities and public transportation vehicles in jurisdiction, the Mayor/Do Governor may measure it regularly by establishing a measuring network. In such cases, the Mayor/Do Governor shall notify the Minister of Environment of measurement results.

(3) The Minister of Environment may provide the Mayor/Do Governor with technical, administrative, and financial support necessary for establishing a measuring network pursuant to paragraph (2). <Newly Inserted on Dec. 22, 2015>

[This Article Newly Inserted on Jun. 12, 2013]

[Moved from Article 4-4 <Dec. 22, 2015>]

Article 4-7(Installation, Operation, and Management of Measuring Devices) #

(1) In order to identify the actual conditions of indoor air quality of public-use facilities, the Minister of Environment may recommend persons in charge of management of public-use facilities, such as the owners, occupants, or custodians of public-use facilities (hereinafter referred to as "owners, etc."), to install measuring devices prescribed by Ordinance of the Ministry of Environment and to operate and manage the devices in compliance with the standards prescribed by Ordinance of the Ministry of Environment. <Amended on Apr. 2, 2019>

(2) Notwithstanding paragraph (1), the owners, etc. of subway stations shall install the measuring devices prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Apr. 2, 2019>

(3) The owners, etc. of subway stations who installs measuring devices under paragraph (2) shall publish the results of measurement gauged by the measuring devices, and operate and manage the measuring devices in accordance with the standards under paragraph (1). <Newly Inserted on Apr. 2, 2019>

(4) The Minister of Environment may provide technical, administrative, and financial support necessary for the installation, operation, and management of the measuring devices under paragraphs (2) and (3). <Newly Inserted on Apr. 2, 2019>

[This Article Newly Inserted on Dec. 22, 2015]

[Title Amended on Apr. 2, 2019]

Article 4-8(Conducting Risk Assessments) #

(1) The Minister of Environment may conduct a risk assessment for substances prescribed by Presidential Decree, such as fine dust, which are likely to substantially harm human health.

(2) The Minister of Environment shall consider the findings from the risk assessment conducted under paragraph (1) in determining pollutants defined in subparagraph 3 of Article 2, the mandatory standards for maintaining air quality referred to in Article 5 (1), or any other standards, guidelines, etc. pursuant to this Act.

(3) The procedures and method for conducting risk assessments under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Environment.

[This Article Newly Inserted on Dec. 22, 2015]

Article 4-9(Establishment and Operation of Consultative Body on Control of Indoor Air Quality) #

(1) To consult on and coordinate matters concerning the standards and policies for controlling indoor air quality among central administrative agencies, the Minister of Environment may establish and operate a Consultative Body on Control of Indoor Air Quality with related central administrative agencies prescribed by Presidential Decree.

(2) The composition and operation the Consultative Body on Control of Indoor Air Quality referred to in paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.

[This Article Newly Inserted on Dec. 27, 2016]

Article 5(Standards for Maintaining Indoor Air Quality) #

(1) The owners, etc. of public-use facilities shall manage the facilities in compliance with standards for maintaining pleasant air quality within the public-use facilities. <Amended on Dec. 22, 2015>

(2) The standards for maintaining indoor air quality pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. In such cases, more stringent standards for maintaining indoor air quality shall be established with respect to public-use facilities prescribed by Presidential Decree that are mostly used by vulnerable social groups including children, elderly, and pregnant women who are highly likely to suffer health damage if exposed to pollutants, and pollutants such as fine dust that are prescribed by Presidential Decree. <Amended on Apr. 2, 2019; May 26, 2020>

(3) When deemed necessary in consideration of the peculiarities of a local environment, a City/Do may establish the standards for maintaining air quality applicable to the City/Do that are more stringent than the standards referred to in paragraph (1), as prescribed by ordinance of the relevant City/Do. <Amended on May 25, 2010; Jun. 12, 2013; May 26, 2020>

(4) When the standards for maintaining air quality referred to in paragraph (3) are established or amended, the Mayor/Do Governor shall report thereon to the Minister of Environment without delay. <Amended on May 25, 2010; Jun. 12, 2013; May 26, 2020>

Article 6(Guidelines for Indoor Air Quality) #

A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply) may recommend the owners, etc. of public-use facilities to manage the facilities in compliance with the guidelines prescribed by Ordinance of the Ministry of Environment to maintain pleasant air quality, apart from the standards for maintaining air quality referred to in Article 5 (1) based on the characteristics of the public-use facilities. In such cases, if the facilities mainly used by vulnerable people prescribed in Article 12-2 fail to comply with the guidelines, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may request the owners, etc. of relevant facilities to take necessary measures, such as improvement, replacement, installation of air purifiers, ventilators or similar equipment. <Amended on Dec. 30, 2006; Dec. 22, 2015; Dec. 12, 2017>

Article 7(Education for Owners of Public-Use Facilities) #

(1) The owners, etc. of public-use facilities shall undergo education on the control of indoor air quality conducted by a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Environment: Provided, That this shall not apply to any of the following persons: <Amended on Dec. 22, 2015>

1. The owners, etc. of public-use facilities in which indoor air quality can be measured regularly with the measuring network established under Article 4-6;

2. The owners, etc. of public-use facilities who install measuring devices in such facilities and operate and manage them pursuant to Article 4-7;

3. Any other persons prescribed by Presidential Decree.

(2) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may collect expenses incurred in providing education under paragraph (1) from persons who undergo the education, as prescribed by Ordinance of the Ministry of Environment. <Amended on Dec. 22, 2015>

(3) Deleted. <Dec. 22, 2015>

Article 8 #

Deleted. <Dec. 30, 2006>

Article 9(Control of Indoor Air Quality of Newly-Built Multi-Family Housing) #

(1) A constructor of newly-built multi-family housing shall measure indoor air quality directly or require a person prescribed by Ordinance of the Ministry of Environment to measure it within the newly-built multi-family housing upon completion, in the presence of the selected prospective tenants as prescribed by Ordinance of the Ministry of Environment, and shall submit measurement results to the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu and publicly announce the same at a place easily recognizable by the occupants, before they start to move into the housing. <Amended on May 25, 2010; Dec. 22, 2015; Aug. 16, 2023>

(2) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall report measurement results submitted pursuant to paragraph (1) to the Minister of Environment, and may publish the measurement results through the Official Gazette, relevant web-site, etc. <Newly Inserted on Dec. 27, 2016>

(3) Matters necessary for the items for measurement of indoor air quality, methods for measurement, submission of measurement results, time and place for public announcement thereof, etc. under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Dec. 27, 2016; May 26, 2020>

(4) Guidelines for indoor air quality for maintaining the pleasant air quality within newly-built multi-family housing shall be prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on May 31, 2005; Dec. 27, 2016>

(5) The Minister of Environment may develop and disseminate guidelines for controlling indoor air quality within multi-family housing so that the owners, etc. of newly-built multi-family housing can properly maintain and control indoor air quality, thereby living in a pleasant indoor environment. <Newly Inserted on Dec. 22, 2015; Dec. 27, 2016>

Article 9-2(Measurement of Indoor Air Quality of Public Transportation Vehicles) #

(1) A transport business entity of public transportation vehicles shall measure the indoor air quality of the public transportation vehicles directly or require a person prescribed by Ordinance of the Ministry of Environment to measure it, and shall keep and retain the measurement results: Provided, That the same shall not apply where measuring devices to measure the indoor air quality are installed within the public transportation vehicles.

(2) A transport business entity of public transportation vehicles shall submit the measurement results under paragraph (1) to the Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu.

(3) Matters necessary for pollutants to be measured for indoor air quality, vehicles subject to measurement, frequency of measurement, preservation period of measurement results, submission, etc. under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Environment.

[This Article Wholly Amended on Apr. 2, 2019]

Article 9-3(Control of Indoor Air Quality of Public Transportation Vehicles) #

(1) The Minister of Environment may determine and publicly notify management guidelines for the manufacturing of public transportation vehicles (hereinafter referred to as “management guidelines”) to maintain and control pleasant indoor air quality of public transportation vehicles.

(2) The Minister of Environment may recommend the manufacturers of public transportation vehicles to manufacture the public transportation vehicles in compliance with the management guidelines.

(3) The Minister of Environment and the Mayor/Do Governor may recommend the transport business entities of public transportation vehicles to manage and operate the public transportation vehicles in compliance with the standards prescribed by Ordinance of the Ministry of Environment, in order to maintain and control pleasant indoor air quality of public transportation vehicles.

(4) The State and local governments may provide the manufacturers or transport business entities of public transportation vehicles with technical and financial support necessary to maintain and control indoor air quality of public transportation vehicles in compliance with the management guidelines.

(5) Matters necessary for recommendation to the manufacturers and transport business entities of public transportation vehicles under paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Environment.

[This Article Newly Inserted on Apr. 2, 2019]

Article 9-4(Control of Indoor Air Quality of Public Transportation Facilities) #

(1) In order to maintain and control pleasant indoor air quality of public-use facilities referred to in Article 3 (1) 1 and 3 (hereafter in this Article referred to as "public transportation facilities"), the Minister of Environment may require the owners, etc. of public transportation facilities to install air purifiers prescribed by Ordinance of the Ministry of Environment or to take other measures to control indoor air quality.

(2) The Minister of Environment may subsidize expenses incurred in the installation, etc. of air purifiers under paragraph (1).

[This Article Newly Inserted on Apr. 2, 2019]

Article 9-5(Control of Indoor Air Quality of Subway Stations) #

(1) The Minister of Environment shall formulate and implement plans for improvement of air quality in subway stations, including measures to reduce fine dust, every five years in consultation with the heads of the relevant central administrative agencies and the Mayor/Do Governor to maintain and control pleasant indoor air quality of subway stations.

(2) The Minister of Environment may provide the owners, etc. of subway stations with technical, administrative, and financial support necessary to implement improvement measures for air quality in subway stations.

[This Article Newly Inserted on Apr. 2, 2019]

Article 10(Improvement Orders) #

Where any public-use facility is managed not in compliance with the standards for maintaining pleasant air quality referred to in Article 5 (1), the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu may order the owner, etc. of the relevant public-use facility to improve or replace air purifiers or ventilation equipment in such public-use facility or to take other necessary measures (hereinafter referred to as "improvement order") within a specified period, as prescribed by Ordinance of the Ministry of Environment. <Amended on Dec. 22, 2015>

[This Article Wholly Amended on Dec. 30, 2006]

Article 11(Restrictions on Using Construction Materials Emitting Pollutants) #

(1) No person who establishes (including improving and repairing existing facilities or housing; hereafter the same shall apply in this Article) public-use facilities or multi-family housing (excluding the health-friendly housing defined in subparagraph 16-2 of Article 2 of the Housing Act; hereafter the same shall apply in this Article) shall use any of the following construction materials emitting pollutants in excess of the standards determined by Ordinance of the Ministry of Environment after consultation between the Minister of Environment and the heads of related central administrative agencies:

1. Adhesives;

2. Paint;

3. Sealants;

4. Putty;

5. Wallpaper;

6. Flooring materials;

7. Any other construction materials determined by Ordinance of the Ministry of Environment, which are used for the interior of buildings, such as composite wood products.

(2) A manufacturer or importer of any construction material specified in any subparagraph of paragraph (1) shall supply the construction material to persons who establish public-use facilities or multi-family housing after obtaining verification from a testing institution under Article 11-2 as to whether the construction material emits any pollutants in excess of the standards referred to in paragraph (1): Provided, That the manufacturer or importer may supply the construction material without verification required under the main sentence, in cases prescribed by Presidential Decree, such as where he or she has obtained verification equivalent to that specified in this Act under other statutes and regulations. <Amended on Apr. 17, 2018>

(3) If, as a result of gathering and examining pollutants pursuant to Article 13 (4), any construction material is found to emit pollutants in excess of the standards prescribed in paragraph (1), the Minister of Environment may order a testing institution under paragraph (2) to revoke its verification, and the head of the testing institution shall revoke its verification unless there is a compelling reason not to do so. <Newly Inserted on Apr. 17, 2018>

(4) The Minister of Environment may order the manufacturer or importer of any construction material the verification of which was revoked pursuant to paragraph (3) or of any construction material to which a mark was affixed in violation of Article 11-6 (1) to recall such construction material or take other necessary measures, or may publish matters related to the construction material as prescribed by Presidential Decree. <Newly Inserted on Apr. 17, 2018; May 26, 2020>

Article 11-2(Designation of Testing Institutions to Verify Whether Construction Materials Emit Pollutants) #

(1) The Minister of Environment may designate a testing institution that can verify whether construction materials emit pollutants (hereinafter referred to as “testing institution”) pursuant to Article 11 (2).

(2) Any person who intends to be designated as a testing institution shall meet the requirements for facilities, equipment and technical personnel prescribed by Ordinance of the Ministry of Environment.

(3) Where a person who has been designated pursuant to paragraph (1) intends to modify any of the significant matters prescribed by Ordinance of the Ministry of Environment, he or she shall file an application for modification.

(4) Matters necessary for requirements and procedures for designating testing institutions shall be prescribed by Ordinance of the Ministry of Environment.

[This Article Newly Inserted on Apr. 17, 2018]

[Previous Article 11-2 moved to Article 11-7 <Apr. 17, 2018>]

Article 11-3(Grounds for Disqualification from Designation as Testing Institutions) #

None of the following persons shall be designated as a testing institution under Article 11-2 (2):

1. A person under adult guardianship or a person under limited guardianship;

2. A person declared bankrupt but not yet reinstated;

3. A person for whom two years have not passed since the execution of his or her imprisonment with labor declared by a court for violating this Act was terminated (including where such execution is deemed to have been terminated) or the non-execution of such sentence became final and conclusive;

4. A person for whom two years have not passed since the designation was revoked under Article 11-4 (excluding where the designation was revoked as he or she falls under subparagraph 1 or 2 of this Article);

5. A legal entity that has a person falling under any of subparagraphs 1 through 4, among its executive officers and representative.

[This Article Newly Inserted on Apr. 17, 2018]

[Previous Article 11-3 moved to Article 11-8 <Apr. 17, 2018>]

Article 11-4(Revocation of Designation of Testing Institutions) #

(1) The Minister of Environment may revoke designation of a testing institution or order it to suspend its business for a fixed period not exceeding one year, if it falls under any of the following subparagraphs: Provided, That the designation shall be revoked if it falls under any of subparagraphs 1 through 3:

1. Where it is designated as a testing institution under Article 11-2 by fraud or other improper means;

2. Where it performs its business as a testing institution by fraud or other improper means;

3. Where it falls under any of subparagraphs 1 through 5 of Article 11-3: Provided, That the same shall not apply where a legal entity falling under subparagraph 5 of Article 11-3 has replaced its executive officer or representative in question within six months;

4. Where it performs its business as a testing institution during the period of business suspension;

5. Where it fails to comply with the procedures and methods of verification under Article 11 (6) or to observe obligations under Article 11-5 (1);

6. Where it fails to commence its business within one year after being designated under Article 11-2 (1) or suspends its business for at least one year without justifiable grounds;

7. Where it fails to meet the requirements for facilities, equipment and technical personnel under Article 11-2 (2);

8. Where it fails to file an application for modification under Article 11-2 (3) or files an application for modification by fraud or other improper means;

9. Where it fails to meet the standards for evaluation under Article 11-5 (2).

(2) Detailed criteria of administrative dispositions under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment.

[This Article Newly Inserted on Apr. 17, 2018]

[Previous Article 11-4 moved to Article 11-9 <Apr. 17, 2018>]

Article 11-5(Obligations of Testing Institutions) #

(1) A testing institution shall observe the obligations prescribed by Ordinance of the Ministry of Environment, such as compliance with the method of verification testing and the recording and preservation of examination results.

(2) The Minister of Environment may evaluate the capability of a testing institution to conduct verification testing.

(3) Matters necessary for evaluation under paragraph (2) shall be prescribed by Ordinance of the Ministry of Environment.

[This Article Newly Inserted on Apr. 17, 2018]

[Previous Article 11-5 moved to Article 11-10 <Apr. 17, 2018>]

Article 11-6(Mark for Construction Materials) #

(1) Where a manufacturer or importer of construction materials receives verification that the relevant construction materials do not exceed the emission standards, or receives any other verification under other statutes and regulations equivalent to this Act as prescribed in Article 11 (2), the manufacturer or importer of the construction materials shall affix the mark certifying the fact of verification, as prescribed by Ordinance of the Ministry of Environment. <Amended on May 26, 2020>

(2) Any construction material that has yet to be verified under the main sentence of Article 11 (2) or for which verification has been revoked under paragraph (3) of the same Article, not falling under paragraph (1), shall be prohibited from bearing a mark of verification.

[This Article Newly Inserted on Apr. 17, 2018]

Article 11-7(Conducting Indoor Radon Surveys) #

(1) The Minister of Environment may survey the concentration, etc. of radon in indoor air (hereinafter referred to as "indoor radon survey") in order to reduce health risks caused by indoor radon inflow.

(2) To conduct an indoor radon survey, the Minister of Environment shall publicly announce matters necessary for the survey, such as the purpose, subject matter, method, and period of the survey, as prescribed by Ordinance of the Ministry of Environment.

(3) Where an indoor radon survey is required for a particular area, the Minister of Environment may require the Mayor/Do Governor having jurisdiction over the area to conduct the survey.

(4) Where a Mayor/Do Governor has conducted an indoor radon survey pursuant to paragraph (3), he or she shall report the findings from the survey to the Minister of Environment.

(5) The Minister of Environment may provide a Mayor/Do Governor with technical, administrative, and financial support necessary for the indoor radon survey referred to in paragraph (3).

[This Article Newly Inserted on Dec. 22, 2015]

[Moved from Article 11-2 <Apr. 17, 2018>]

Article 11-8(Making Radon Map) #

(1) The Minister of Environment may make a map indicating the concentration, etc. of radon in indoor air (hereinafter referred to as "radon map") based on the findings from indoor radon surveys.

(2) The standards and method for making the radon map, provision thereof, and other necessary matters shall be prescribed by Ordinance of the Ministry of Environment.

[This Article Newly Inserted on Dec. 22, 2015]

[Moved from Article 11-3 <Apr. 17, 2018>]

Article 11-9(Formulation and Implementation of Radon Management Plans) #

(1) Where any City/Do exists where radon is likely to cause health risks, based on the findings from indoor radon surveys and a radon map, the Minister of Environment may request the competent Mayor/Do Governor to formulate and implement a radon management plan (hereinafter referred to as "management plan") every five years, subject to deliberation by the Environmental Health Council established under Article 9 of the Environmental Health Act. In such cases, the Mayor/Do Governor shall formulate a management plan after hearing opinions of local residents, unless there is a compelling reason not to do so.

(2) Management plans shall include the following:

1. Current status of public-use facilities, multi-family housing, etc.;

2. Measures to prevent indoor air pollution and health risks caused by radon;

3. Improvement of facilities to block indoor radon inflow;

4. Any other matters the Mayor/Do Governor deems necessary for radon management.

(3) Where a Mayor/Do Governor has formulated a management plan, he or she shall report to the Minister of Environment the details thereof and annual outcomes of implementing the plan, as prescribed by Presidential Decree.

(4) The Minister of Environment may provide a Mayor/Do Governor with technical, administrative, and financial support necessary for implementing management plans.

[This Article Newly Inserted on Dec. 22, 2015]

[Moved from Article 11-4 <Apr. 17, 2018>]

Article 11-10(Recommending Use of Radon-Reducing Construction Methods) #

(1) Where any area exists where radon is likely to cause health risks within the relevant City/Do, the Mayor/Do Governor may recommend persons who establish (including improving and repairing existing facilities, housing, etc.) public-use facilities, multi-family housing, etc. in such area to take necessary measures, such as using a construction method reducing indoor radon inflow.

(2) The Mayor/Do Governor may recommend the owners, etc. of public-use facilities, multi-family housing, etc. with high concentrations of radon within the relevant City/Do to manage indoor radon concentrations in compliance with the standards prescribed by Ordinance of the Ministry of Environment.

[This Article Newly Inserted on Dec. 22, 2015]

[Moved from Article 11-5 <Apr. 17, 2018>]

Article 12(Measurement of Indoor Air Quality) #

(1) The owners, etc. of public-use facilities shall measure the indoor air quality directly or require persons prescribed by Ordinance of the Ministry of Environment to measure it, and shall keep and retain the measurement results for 10 years: Provided, That this shall not apply to any of the following persons: <Amended on Dec. 22, 2015; Apr. 17, 2018; Apr. 2, 2019>

1. The owners, etc. of public-use facilities in which indoor air quality can be measured regularly with the measuring network established under Article 4-6;

2. The owners, etc. of public-use facilities who install measuring devices in such facilities and operate and manage them pursuant to Article 4-7;

3. Any other persons prescribed by Presidential Decree.

(2) No person who intends to request measurement under paragraph (1) shall give a measurement agent any instructions that may influence measurement and analysis results, such as the manipulation of measured values. <Newly Inserted on Apr. 17, 2018>

(3) Pollutants to be measured for indoor air quality under paragraph (1), the frequency of and timing for measurement, and other matters necessary for measuring indoor air quality shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Apr. 17, 2018; May 26, 2020>

Article 12-2(Support for Facilities Used by Vulnerable People) #

(1) To properly maintain, control, and improve indoor air quality within public-use facilities mainly used by vulnerable people who are highly likely to be harmed if exposed to pollutants, such as children, senior citizens, and pregnant women, the Minister of Environment or the Mayor/Do Governor may provide the following support to the owners, etc. of such public-use facilities: <Amended on Dec. 27, 2016>

1. Consulting on the methods for maintaining and controlling indoor air quality suited to the scale and characteristics of the relevant public-use facilities;

2. Technical support and funding to improve indoor air quality within the relevant public-use facilities;

3. Any other technical, administrative, and financial support deemed necessary to maintain, control, and improve indoor air quality within the relevant public-use facilities.

(2) To enable the vulnerable people referred to in paragraph (1) to properly cope with pollutants, the Minister of Environment or the Mayor/Do Governor may develop action guidelines, etc. and provide support, such as education and public relations. <Newly Inserted on Dec. 27, 2016>

[This Article Newly Inserted on Dec. 22, 2015]

Article 12-3(Designation of Indoor Environmental Management Centers) #

(1) To conduct surveys, research, technological development, and other affairs to prevent and manage health risks caused by indoor pollutants, the Minister of Environment may designate a person that meets the requirements prescribed by Presidential Decree, among any of the following institutions, corporations, and organizations, as an Indoor Environmental Management Center (hereinafter referred to as "Center"):

1. A national or public research institute or a Government-funded research institute specified in the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes;

2. A school defined in Article 2 of the Higher Education Act;

3. A non-profit environment-related corporation or organization established pursuant to the Civil Act or any other statute.

(2) The Minister of Environment may fully or partially subsidize the Centers to cover the expenses incurred in conducting their affairs, within budgetary limits.

(3) The Minister of Environment may revoke designation of a Center or order such Center to suspend its business for a period not exceeding six months, as prescribed by Ordinance of the Ministry of Environment, if any of the following applies to the Center: Provided, That its designation shall be revoked in the case of subparagraph 1:

1. Where it is designated as such by fraud or other improper means;

2. Where it ceases to meet any of the requirements for designation referred to in paragraph (1);

3. Where it uses the subsidy granted pursuant to paragraph (2) for any purpose other than the intended purpose;

4. Where it constitutes any other grounds prescribed by Presidential Decree.

(4) Deleted. <Apr. 17, 2018>

(5) Except as provided in paragraphs (1) through (3), the designation and operation of the Centers and other necessary matters shall be prescribed by Presidential Decree. <Amended on Apr. 17, 2018>

[This Article Newly Inserted on Dec. 22, 2015]

Article 12-4(Building and Operating Indoor Air Quality Monitoring Network) #

(1) The Minister of Environment may build and operate an Indoor Air Quality Monitoring Network to control indoor air quality comprehensively and systematically.

(2) The Minister of Environment may request the heads of relevant administrative agencies or organizations to submit data necessary for building and operating the Indoor Air Quality Monitoring Network under paragraph (1). In such cases, a person in receipt of such request shall comply therewith, except in any special circumstances.

[This Article Newly Inserted on Dec. 22, 2015]

Article 13(Reporting and Inspection) #

(1) Where deemed necessary for controlling indoor air quality, a Mayor/Do Governor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may request the owners, etc. of public-use facilities or constructors of newly-built multi-family housing to submit necessary reports or data, and may require related public officials to enter the public-use facilities or newly-built multi-family housing to gather pollutants or inspect related documents, facilities, equipment, etc. <Amended on Dec. 22, 2015; Apr. 17, 2018>

(2) Where deemed necessary for controlling the indoor air quality, the Minister of Environment may request the manufacturers of public transportation vehicles under Article 9-3 (2) and transport business entities under Article 9-3 (3) to submit necessary reports or data, and may require relevant public officials to enter the relevant public transportation vehicles or facilities for manufacturing public transportation vehicles to gather pollutants or inspect related documents, facilities, equipment, etc. <Newly Inserted on Mar. 22, 2013; Dec. 22, 2015; Apr. 2, 2019>

(3) Where deemed necessary for controlling the indoor air quality, a Mayor/Do Governor may request a transport business entity of public transportation vehicles under Article 9-3 (3) to submit necessary reports or data, and may require relevant public officials to enter the public transportation vehicles to gather pollutants or inspect related documents, facilities, equipment, etc. <Newly Inserted on Mar. 22, 2013; Dec. 22, 2015; Apr. 2, 2019>

(4) Where deemed necessary for controlling indoor air quality, the Minister of Environment may request the manufacturer or importer of construction materials or a testing institution to submit necessary reports or data, and may require related public officials to enter the relevant facilities to gather pollutants or inspect related documents, facilities, equipment, etc. <Newly Inserted on Apr. 17, 2018>

(5) The head of a Si/Gun/Gu shall report the inspection results of pollution levels of public-use facilities and newly-built multi-family housing referred to in paragraph (1) to the competent Mayor/Do Governor as prescribed by Ordinance of the Ministry of Environment, and the Mayor/Do Governor shall report the inspection results of pollution levels of public transportation vehicles under paragraph (3) and inspection results of pollution levels of public-use facilities and multi-family housing reported by the head of a Si/Gun/Gu to the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Apr. 2, 2019>

Article 13-2(Hearings) #

The Minister of Environment shall hold a hearing if he or she intends to make any of the following dispositions:

1. Revocation of designation of a testing institution pursuant to Article 11-4;

2. Revocation of designation of a Center pursuant to Article 12-3 (3).

[This Article Newly Inserted on Apr. 17, 2018]

[Previous Article 13-2 moved to Article 13-3 <Apr. 17, 2018>]

Article 13-3(Delegation and Entrustment of Authority) #

(1) Part of the authority of the Minister of Environment vested by this Act may be delegated to the head of an institution under his or her control or a Mayor/Do Governor, as prescribed by Presidential Decree.

(2) Part of the duties of the Minister of Environment, a Mayor/Do Governor, or the head of a Si/Gun/Gu prescribed by this Act may be entrusted to a relevant specialized institution, as prescribed by Presidential Decree.

[This Article Newly Inserted on Dec. 22, 2015]

[Moved from Article 13-2; previous Article 13-3 moved to Article 13-4 <Apr. 17, 2018>]

Article 13-4(Legal Fiction as Public Officials in Application of Penalty Provisions) #

For the purposes of Articles 129 through 132 of the Criminal Act, executive officers and employees of a relevant specialized institution who perform the duties entrusted by the Minister of Environment or a Mayor/Do Governor pursuant to Article 13-3 (2) shall be deemed public officials. <Amended on Apr. 17, 2018>

[This Article Newly Inserted on Dec. 22, 2015]

[Moved from Article 13-3; previous Article 13-4 moved to Article 13-5 <Apr. 17, 2018>]

Article 13-5(Re-Examination of Regulation) #

The Minister of Environment shall review the appropriateness of the installation, operation, and management of measuring devices under Article 4-7 every five years (referring to the day before January 1 of every fifth year) from January 1, 2017, and shall take measures, such as making improvements.

[This Article Newly Inserted on Dec. 22, 2015]

[Moved from Article 13-4 <Apr. 17, 2018>]

Article 14(Penalty Provisions) #

(1) Any of the following persons shall be punished by imprisonment with prison labor for not more than one year or by a fine not exceeding 10 million won: <Amended on Dec. 27, 2016; Apr. 17, 2018>

1. A person who fails to comply with an improvement order issued under Article 10;

2. A person who uses any construction material emitting pollutants in excess of the standards, in violation of Article 11 (1);

3. A person who fails to comply with an order to revoke verification under Article 11 (3) or an order for recall, etc. under paragraph (4) of the same Article;

4. A person who has been designated as a testing institution by fraud or other improper means;

5. A person engaging in a testing institution who issues a false test result by intention or gross negligence;

6. A person who performs the work of verification during the period of business suspension under Article 11-4.

(2) Deleted. <May 25, 2010>

Article 15(Joint Penalty Provisions) #

If the representative of a corporation, or an agent, an employee or any other employed person of a corporation or an individual has committed an act in violation of Article 14 in connection with the affairs of the said corporation or individual, not only shall such an actor be punished accordingly, but the corporation or individual shall be punished by a fine as prescribed in the same Article: Provided, That this shall not apply where the corporation or individual has exercised considerable care and supervision with regard to the relevant business to prevent such an act of violation.

[This Article Wholly Amended on May 25, 2010]

Article 16(Administrative Fines) #

(1) Any of the following persons shall be punished by an administrative fine not exceeding 20 million won: <Amended on Apr. 17, 2018; May 26, 2020>

1. Deleted; <Dec. 27, 2016>

2. A person who supplies any construction material without obtaining verification as to whether it emits pollutants in violation of Article 11 (2), or supplies it after obtaining false verification;

3. A person who fails to affix the mark in violation of Article 11-6 (1) or affixes the mark in violation of paragraph (2) of the same Article.

(2) A person who fails to manage facilities in compliance with the standards for maintaining air quality, in violation of Article 5 (1) (excluding where the indoor air quality measured by the Minister of Environment, a Mayor/Do Governor, or the owners, etc. of public-use facilities pursuant to Article 4-6, 4-7, or 12 fails to meet the standards for maintaining air quality), shall be punished by an administrative fine not exceeding 10 million won.

(3) Any of the following persons shall be punished by an administrative fine not exceeding five million won: <Amended on Apr. 17, 2018; Apr. 2, 2019>

1. A person who fails to install measuring devices in violation of Article 4-7 (2);

2. A person who fails to publish the measurement results of indoor air quality or to comply with the standards for operation and management of measuring devices in violation of Article 4-7 (3);

3. A person who fails to measure the indoor air quality of public transportation vehicles or to submit, keep, or retain the measurement results, or who takes false measurement or submits, keeps, or retains the false results, in violation of Article 9-2;

4. A person who fails to receive education on the control of indoor air quality in violation of Article 7;

5. A person who fails to submit or publicly announce the measurement results of indoor air quality of newly-built multi-family housing in violation of Article 9, or who submits or publicly announces false measurement results;

6. A person who fails to keep records in violation of Article 11 (7) or keeps false records;

7. Deleted; <Apr. 17, 2018>

7-2. A person who fails to observe any of the obligations under Article 11-5 (1);

8. A person who fails to measure indoor air quality in violation of Article 12 (1), or a person who fails to record and preserve measurement results or who records and preserves false measurement results;