Article 23(Preparation and submission of plans for prevention and management of chemical accidents) #
(1) A person who intends to install and operate hazardous chemical substance handling facilities shall prepare in advance a plan for the prevention and management of chemical accidents to assess the effects of a chemical accident on the people, environment, etc. around the place of business and to minimize the damage caused by such chemical accident (hereinafter referred to as "plan for the prevention and management of chemical accidents") and submit it to the Minister of Climate, Energy and Environment; provided, the foregoing shall not apply to a person who intends to install and operate any of the following hazardous chemical substance handling facilities: <Amended on Oct. 1, 2025>
1. Laboratories under subparagraph 2 of Article 2 of the Act on the Establishment of Safe Laboratory Environment;
2. Schools under subparagraph 1 of Article 2 of the Act on the Prevention of and Compensation for Accidents at School.
3. Hazardous chemical substance handling facilities meeting the standards prescribed by Decree of the Ministry of Climate, Energy and Environment, which have little effect on the people or environment around the place of business if any chemical accident occurs or which require less need to prepare a plan for the prevention and management of chemical accidents in consideration of the types, amounts, etc. of hazardous chemical substances.
(2) The details to be included in a plan for the prevention and management of chemical accidents shall be prescribed by Decree of the Ministry of Climate, Energy and Environment, taking into account the following; in such cases, the details may be otherwise prescribed in consideration of the hazards, amounts, etc. of the hazardous chemical substances to be handled: <Amended on Feb. 6, 2024; Oct. 1, 2025>
1. List of and hazard information on the hazardous chemical substances to be handled;
2. Degree of effects on human health or the neighboring environment, where hazardous chemical substances flow out or leak into the area around the place of business due to the occurrence of a chemical accident;
3. List of hazardous chemical substance handling facilities and the current status of facilities and equipment for disaster prevention;
4. Matters concerning process safety information on hazardous chemical substance handling facilities, data on process hazard analysis, procedures for process operation, operation supervisors, the current status of workers, and matters requiring attention;
5. Plans for education, training, and self-inspection in case of a chemical accident;
6. An organization in charge of safety management, such as an emergency communication system and a person who has the authority to stop operation in case of a chemical accident;
7. Outflow or leakage scenarios and plans for emergency measures in case of a chemical accident;
8. Verification of residents, structures, crops, environmental media, etc. within the zone that could be affected in case of a chemical accident;
9. Plans for dispersing residents in case of a chemical accident;
10. Action plans for minimizing, eliminating, and recovering from damage caused by a chemical accident;
11. Other matters concerning the safety management of hazardous chemical substances.
(3) Where a person who has submitted a plan for the prevention and management of chemical accidents under paragraph (1) falls under any of the following cases, he or she shall submit a revised plan for the prevention and management of chemical accidents to the Minister of Climate, Energy and Environment, as prescribed by Decree of the Ministry of Climate, Energy and Environment: <Amended on Oct. 1, 2025>
1. Where the amounts of hazardous chemical substances handled or the capacities of handling facilities increase or any hazardous chemical substance handling facility is newly installed;
2. Where any significant matter prescribed by Decree of the Ministry of Climate, Energy and Environment is changed, such as the items, concentrations, and properties of hazardous chemical substances or the locations of handling facilities;
3. Where the head of the local government having jurisdiction over the location of the place of business requests the supplementation of a plan for dispersing residents under paragraph (2)9 and the Minister of Climate, Energy and Environment recognizes the need for such supplementation to notify the person who has submitted such plan of submission of a revised plan.
(4) A person who installs and operates hazardous chemical substance handling facilities that meet or exceed the standards prescribed by Decree of the Ministry of Climate, Energy and Environment in consideration of the hazards of the hazardous chemical substances that he or she handles, the amounts thereof, etc. (hereinafter referred to as "major handling facilities") shall, every five years, prepare a plan for the prevention and management of chemical accidents and submit it to the Minister of Climate, Energy and Environment, as prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Oct. 1, 2025>
(5) The Minister of Climate, Energy and Environment shall review a plan for the prevention and management of chemical accidents submitted under paragraph (1), (3), or (4) (including a revised plan for the prevention and management of chemical accidents), as prescribed by Decree of the Ministry of Climate, Energy and Environment, and shall notify the person who has submitted such plan of the risk that the relevant hazardous chemical substance handling facilities pose and of whether the facilities are adequate. In such cases, a person notified that hazardous chemical substance handling facilities are adequate shall keep a plan for the prevention and management of chemical accidents in the place of business. <Amended on Oct. 1, 2025>
(6) When the Minister of Climate, Energy and Environment determines whether hazardous chemical substance handling facilities are adequate under paragraph (5), he or she may conduct an on-site investigation into facilities prescribed by Decree of the Ministry of Climate, Energy and Environment in consideration of the accident risk of such handling facilities, etc. In such cases, a person who has submitted a plan for the prevention and management of chemical accidents with regard to hazardous chemical substance handling facilities shall faithfully cooperate in an on-site investigation. <Amended on Oct. 1, 2025>
(7) Where the Minister of Climate, Energy and Environment reviews a plan for the prevention and management of chemical accidents under paragraphs (5) and (6) and finds it necessary to amend and supplement such plan, he or she may request a person who has submitted the plan to amend or supplement it. In such cases, the person in receipt of such request shall submit a plan for the prevention and management of chemical accidents that is amended or supplemented, except in any extenuating circumstance. <Amended on Oct. 1, 2025>
(8) Where deemed necessary for review under paragraph (5), the Minister of Climate, Energy and Environment may request the head of the relevant local government to conduct consultations. In such cases, the head of the local government in receipt of a request for consultations shall review a plan for the prevention and management of chemical accidents and notify his or her opinion on the review of such plan to the Minister of Climate, Energy and Environment. <Amended on Oct. 1, 2025>
(9) Matters necessary for the details and methods of preparing plans for the prevention and management of chemical accidents, the timing and methods of submitting such plans, on-site investigations, etc. shall be prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Oct. 1, 2025>
[This Article Wholly Amended on Mar. 31, 2020]