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NOISE AND VIBRATION CONTROL ACT — 법갈피

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NOISE AND VIBRATION CONTROL ACT

법률일부개정시행 2023-07-01기후에너지환경부,기후에너지환경부,기후에너지환경부,기후에너지환경부,기후에너지환경부 · 제19150호 · 공포 2022-12-30

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to enable all citizens to live in a calm and tranquil environment by preventing any damage due to noise and vibration generated in factories, construction work fields, roads, railroads, etc. and by properly controlling such noise and vibration. <Amended on Jun. 9, 2009>

Article 2(Definitions) #

The terms used in this Act are defined as follows: <Amended on Jun. 9, 2009; Mar. 22, 2013; Aug. 13, 2013; Jan. 19, 2016>

1. The term "noise" means strong sounds produced by the use of machinery, tools, facilities, and other material objects, or by activities of people in multi-unit housing (referring to multi-unit housing defined in subparagraph 3 of Article 2 of the Housing Act; hereinafter the same shall apply) or other places prescribed by Ordinance of the Ministry of Environment;

2. The term "vibration" means any strong swaying movements generated by the use of machinery, tools, facilities, and other material objects;

3. The term "noise and vibration emission facilities" means machinery, tools, facilities, and other material objects of factories, which produce noise and vibration, and which are prescribed by Ordinance of the Ministry of Environment;

4. The term "noise and vibration preventive facilities" means facilities eliminating or reducing noise and vibration emitted from noise and vibration emission facilities, which are prescribed by Ordinance of the Ministry of Environment;

5. The term "soundproof facilities" means facilities eliminating or reducing noise produced from material objects, other than noise and vibration emission facilities, which are prescribed by Ordinance of the Ministry of Environment;

6. The term "vibration-proof facilities" means facilities eliminating or reducing vibration produced from material objects, other than noise and vibration emission facilities, which are prescribed by Ordinance of the Ministry of Environment;

7. The term "factory" means a factory defined in subparagraph 1 of Article 2 of the Industrial Cluster Development and Factory Establishment Act: Provided, That this shall exclude airplane service factories in airport facilities determined pursuant to Article 12 (1) of the Urban Planning Act;

Article 2-3(Formulation of Comprehensive Plan) #

(1) The Minister of Environment shall formulate a comprehensive plan for controlling noise and vibration (hereinafter referred to as “comprehensive plan”), every five years, to prevent damage due to noise and vibration and appropriately control noise and vibration, after hearing opinions of each Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as “Mayor/Do Governor”) and consulting with the heads of relevant central administrative agencies.

(2) A comprehensive plan shall contain the following: <Amended on May 26, 2020>

1. Objectives and basic directions of the comprehensive plan;

2. Measures to appropriately control noise and vibration;

3. The implementation status of measures to reduce noise and vibration by area and by year;

4. Research and studies on the effects of noise and vibration on citizens’ health;

5. Education and publicity programs for implementing the measures to reduce noise and vibration;

6. Fund-raising plans for implementing the comprehensive plan;

7. Other matters necessary to reduce noise and vibration.

(3) The Minister of Environment may modify a comprehensive plan, if deemed necessary, after examining the appropriateness thereof. In such cases, he or she shall hear in advance the opinions of Mayors/Do Governors and consult with the heads of relevant central administrative agencies thereabout.

(4) When the Minister of Environment has formulated or modified a comprehensive plan, he or she shall give notice thereof to the heads of relevant central administrative agencies and Mayors/Do Governors.

(5) The heads of relevant central administrative agencies shall formulate and implement their agency implementation plans by year (hereinafter referred to as “implementation plans”) according to the comprehensive plan, and Mayors/Do Governors shall formulate and implement implementation plans for the relevant Special Metropolitan City, Metropolitan Cities, Special Self-Governing City, Dos, or Special Self-Governing Province according to the comprehensive plan and the implementation plans of the relevant central administrative agencies.

(6) The heads of relevant central administrative agencies and Mayors/Do Governors shall submit the next year’s implementation plans and last year’s implementation results under paragraph (5) to the Minister of Environment, as prescribed by Presidential Decree.

(7) Matters necessary for formulation, etc. of a comprehensive plan and its implementation plans shall be prescribed by Presidential Decree.

[This Article Newly Inserted on Mar. 22, 2013]

Article 7(Permissible Factory Noise and Vibration Emission Levels) #

(1) Permissible emission levels for noise and vibration emitted from a factory in which noise and vibration emission facilities (hereinafter referred to as "emission facilities") are installed shall be prescribed by Ordinance of the Ministry of Environment.

(2) In determining Ordinance of the Ministry of Environment as referred to in paragraph (1), the Minister of Environment shall consult with the head of the relevant central administrative agency.

(3) Where deemed impractical to maintain the local environmental standards under Article 12 (3) of the Framework Act on Environmental Policy, the Special Metropolitan City, a Metropolitan City, Special Self-Governing City, or Do (excluding Sis with a population of at least 500,000 under its jurisdiction; hereafter in this Article the same shall apply), Special Self-Governing Province or the Special Metropolitan City, or Sis with a population of at least 500,000 (hereinafter referred to as "large cities"), other than , Metropolitan Cities, and Special Self-Governing Cities, may establish permissible emission levels stricter than the permissible emission levels referred to in paragraph (1) by ordinance of the relevant local government. <Newly Inserted on Jan. 5, 2021>

(4) Where a Mayor/Do Governor or the head of a large city establishes or changes permissible emission levels under paragraph (3), he or she shall hear in advance the opinions of interested persons, including residents, and endeavor to reflect such consensus, as prescribed by ordinance of the relevant local government. <Newly Inserted on Jan. 5, 2021>

(5) Upon establishing or changing permissible emission levels under paragraph (3), the Mayor/Do Governor or the head of a large city shall without delay report such fact to the Minister of Environment and take necessary measures, such as posting on the public gazette, to inform interested persons of the details thereof. <Newly Inserted on Jan. 5, 2021>

Article 22(Preliminary Reporting on Specific Construction Works) #

(1) A person who intends to execute a specific construction work prescribed by Ordinance of the Ministry of Environment which emits living noise and vibration shall report it to the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Environment. <Amended on Jun. 9, 2009; Aug. 13, 2013>

(2) When a person who has filed a report pursuant to paragraph (1) intends to modify important matters prescribed by Ordinance of the Ministry of Environment from among the already reported matters, he or she shall file a report on modification with the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. <Amended on Jun. 9, 2009; Aug. 13, 2013>

(3) The Mayor of a Special Self-Governing City, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu shall notify a person who has filed a report under paragraph (1) or a report on modification under paragraph (2), of whether his or her report is accepted, within four days from the date his or her report is received. <Newly Inserted on Jan. 5, 2021>

(4) If the Mayor of a Special Self-Governing City, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu fails to give notice to the reporting person of its acceptance or rejection of a report or an extension of the processing period under statutes or regulations governing processing of civil petitions within the period prescribed in paragraph (3), the report shall be deemed to be accepted on the day following the expiry of such period (referring to the corresponding processing period if the processing period has been extended or re-extended under statutes or regulations governing the processing of civil petitions). <Newly Inserted on Jan. 5, 2021>

(5) A person who intends to perform a specific construction work pursuant to paragraph (1) shall comply with all of the following provisions: <Amended on Jun. 9, 2009; Jan. 5, 2021>

1. He or she shall commence the construction work after installing soundproof facilities satisfying the standards prescribed by Ordinance of the Ministry of Environment: Provided, That this shall not apply where it is difficult to install the soundproof facilities due to the characteristics of the construction site, as prescribed by Ordinance of the Ministry of Environment;

2. He or she shall establish and execute reduction measures to reduce noise and vibration produced by the construction work.

(6) Cases where it is required to establish reduction measures pursuant to paragraph (5) 2, and matters concerning reduction measures shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Jun. 9, 2009; Jan. 5, 2021>

Article 27(Designation of Control Areas of Traffic Noise and Vibration) #

(1) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun (excluding the head of a Gun within a Metropolitan City; hereafter in this Article the same shall apply) may designate any area as a traffic noise and vibration control area (hereinafter referred to as "traffic noise and vibration control area") where noise and vibration produced from any means of transportation in the area exceed or are likely to exceed the control standards for traffic noise and vibration. <Amended on Jun. 9, 2009; Aug. 13, 2013>

(2) The Minister of Environment may request the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun to designate an area where he or she deems it necessary to control the traffic noise and vibration as a traffic noise and vibration control area. In such cases, the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun shall comply therewith, in the absence of special circumstances to the contrary. <Amended on Jun. 9, 2009; Aug. 13, 2013>

(3) The scope of traffic noise and vibration control areas shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Jun. 9, 2009>

(4) When the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun has designated a traffic noise and vibration control area, he or she shall publicly notify such fact and take necessary measures, such as installation a signpost. This shall also apply where he or she modifies it. <Amended on Jun. 9, 2009; Aug. 13, 2013>

(5) The Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun may cancel the designation of a traffic noise and vibration control area if noise and vibration from any means of transportation do not exceed or are not likely to exceed the control standards for traffic noise and vibration. <Newly Inserted on Jun. 9, 2009; Aug. 13, 2013>

[This Article Wholly Amended on Jun. 9, 2009]

[Moved from Article 26; Previous Article 27 moved to Article 26 <Jun. 9, 2009>]

Article 44(Inspection of Noise Level) #

(1) A person who intends to manufacture or import noise-generating construction machinery (hereinafter referred to as "manufacturer, etc. of noise-generating construction machinery") shall undergo a noise level inspection executed by the Minister of Environment before the sale or use of the relevant noise-generating construction machinery: Provided, That the Minister of Environment may exempt the noise-generating construction machinery, etc. prescribed by Presidential Decree among the construction machinery for which authentication of environment mark is granted under Article 17 of the Environmental Technology and Industry Support Act from the noise level inspection. <Amended on Jun. 9, 2009; Apr. 28, 2011; Oct. 16, 2018>

(2) The standards for control of noise produced by noise-generating construction machinery (hereinafter referred to as “noise control standards for noise-generating construction machinery”) shall be prescribed by Ordinance of the Ministry of Environment. In such case, the Minister of Environment shall consult in advance with the heads of relevant central administrative agencies. <Newly Inserted on Aug. 13, 2013>

(3) If, as a result of a noise level inspection under paragraph (1), the manufacturer, etc. of noise-generating construction machinery fails to meet the noise control standards for noise-generating construction machinery, the Minister of Environment may order the manufacturer, etc. to have a noise-reducing device attached or otherwise take necessary measures prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Aug. 13, 2013; May 26, 2020>

(4) The manufacturer, etc. of noise-generating construction machinery ordered to take measures under paragraph (3) shall execute the order and, without delay, report the results of execution to the Minister of Environment. <Newly Inserted on Aug. 13, 2013>

(5) Upon receipt of a report under paragraph (4), the Minister of Environment shall verify, without delay, the state of execution of the order or the state of completion of the improvement through the re-inspection, etc. of the noise level. <Newly Inserted on Aug. 13, 2013>

(6) If the manufacturer, etc. of noise-generating construction machinery ordered to take measures under paragraph (3) fails to take the measures or to meet the noise control standards for noise-generating construction machinery even though he or she has taken the measures, the Minister of Environment may order him or her to prohibit the manufacture, import, sale, or use of the noise-generating construction machinery. <Newly Inserted on Aug. 13, 2013>

(7) The manufacturer, etc. of noise-generating construction machinery who has undergone a noise level inspection pursuant to paragraphs (1) and (5) shall place a mark indicating the degree of noise generated by the relevant noise-generating construction machinery (hereinafter referred to as "mark of noise level") on an easily recognizable place. <Amended on Aug. 13, 2013>

(8) A person who intends to undergo a noise level inspection pursuant to paragraphs (1) and (5) shall pay an inspection fee. <Amended on Aug. 13, 2013>

(9) Matters necessary for the methods of noise level inspection, methods of reporting the results of execution, mark of noise level, and inspection fees under paragraphs (1), (4), (7), and (8) shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Aug. 13, 2013>

Article 60(Administrative Fines) #

(1) Any of the following persons shall be subject to an administrative fine not exceeding 20 million won: <Newly Inserted on Oct. 16, 2018; Dec. 30, 2022>

1. A person who fails to indicate or falsely indicates the exhaust noise result value granted based on the authentication or authentication for modification, in violation of Article 31 (3);

2. A person who fails to file a report on the results of measuring a tire noise level, or files a false report thereon, in violation of Article 34-2 (2);

3. A person who fails to indicate a tire noise level, or makes a false indication thereof, in violation of Article 34-2 (3).

(2) Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Newly Inserted on Jun. 9, 2009; Mar. 22, 2013; Oct. 16, 2018; May 26, 2020>

1. A person who fails to appoint an environment engineer, in violation of Article 19 (1);

2. A person who interferes with the works of an environment engineer or refuses an environment engineer's request without good cause, in violation of Article 19 (4);

3. A person who affixes a mark of low noise on any home appliance that fails to meet the standards under Article 44-2 (2);

4. A person who manufactures or imports and sells any portable sound system that fails to meet the levels under Article 45-3 (2).

(3) Any of the following persons shall be subject to an administrative fine not exceeding two million won: <Amended on Jun. 9, 2009; Oct. 16, 2018; Jan. 5, 2021>

1. A person who fails to file a report on modification under Article 8 (2) or files a report on modification by fraud or other improper means;

2. A person who fails to process noise and vibration produced by a factory at a level below the permissible emission levels, in violation of Article 14;

2-2. A person who generates noise and vibration exceeding the control standards for living noise and vibration under Article 21 (2);

2-3. A person who fails to files a report or a report on modification under Article 22 (1) and (2), or files a report or a report on modification by fraud or other improper means;

2-4. A person who fails to install soundproof facilities under Article 22 (5) 1 or installs soundproof facilities which do not meet the standards;

3. A person who fails to establish and execute reduction measures under Article 22 (5) 2;

4. [Subparagraph 4 moved to subparagraph 2-2 <Jun. 9, 2009>]

5. A person who violates any measures to prohibit or restrict the use of mobile noise sources under Article 24 (1);

6. An owner of a motor vehicle who violates Article 35;

7. A person who fails to file a report under Article 38 (3);

8. A person who fails to have an environment engineer, etc. undergo training, in violation of Article 46;

9. A person who fails to file a report or files a false report, or who fails to submit materials or submits false materials, in violation of Article 47 (1);

10. A person who refuses, interferes with, or evades the entry or inspection of the relevant public officials under Article 47.

(4) Administrative fines referred to in paragraphs (1) through (3) shall be imposed and collected by the Minister of Environment, a Mayor/Do Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended on Jun. 9, 2009; Oct. 16, 2018>

[Moved from Article 59; previous Article 60 moved to Article 59 <Jun. 9, 2009>]

NOISE AND VIBRATION CONTROL ACT

Article 1(Purpose) #

Article 2(Definitions) #

Article 2-2(Responsibilities of the State and Local Governments) #

Article 2-3(Formulation of Comprehensive Plan) #

Article 3(Regular Measurement) #

Article 4(Decision and Public Notice on Measuring Networks Installation Program) #

Article 4-2(Drawing-Up of Noise Maps) #

Article 5(Relationship to Other Statutes) #

Article 6 #

Article 7(Permissible Factory Noise and Vibration Emission Levels) #

Article 8(Reporting and Permission on Installation of Emission Facilities) #

Article 9(Installation of Preventive Facilities) #

Article 10(Succession to Rights and Duties) #

Article 11(Design and Work Execution of Preventive Facilities) #

Article 12(Installation of Joint Preventive Facilities) #

Article 13 #

Article 14(Duty to Observe Permissible Emission Levels) #

Article 15(Order of Improvement) #

Article 16(Order for Suspension of Operation) #

Article 17(Revocation of Permission) #

Article 18(Measures of Closure to Unlawful Facilities) #

Article 19(Environment Engineers) #

Article 20(Reporting on Execution of Order, and Verification) #

Article 21(Control of Living Noise and Vibration) #

Article 21-2(Inter-Floor Noise Standards) #

Article 22(Preliminary Reporting on Specific Construction Works) #

Article 22-2(Recommendation on Installation of Noise-Measuring Devices) #

Article 23(Order for Measures on Persons who Exceeds Control Standards of Living Noise or Vibration) #

Article 24(Control of Mobile Noise) #

Article 25(Prevention of Noise and Vibration due to Use of Explosives) #

Article 26(Control Standards for Traffic Noise and Vibration) #

Article 27(Designation of Control Areas of Traffic Noise and Vibration) #

Article 28(Regulation of Operation of Motor Vehicles) #

Article 29(Installation of Soundproof and Vibration-Proof Facilities) #

Article 30(Permissible Standards of Noises Produced by Manufactured Cars) #

Article 31(Authentication of Manufactured Cars) #

Article 31-2(Designation of Agencies for Authentication Tests) #

Article 31-3(Revocation of Designation of Agencies for Authentication Tests) #

Article 31-4(Dispositions of Penalty Surcharges) #

Article 32(Transfer and Takeover of Authentication) #

Article 33(Inspection on Noises of Manufactured Cars) #

Article 33-2(Establishment and Operation of Computer Network for Management of Noise and Vibration Data of Motor Vehicles) #

Article 34(Revocation of Authentication) #

Article 34-2(Permissible Noise Levels for Motor Vehicle Tires) #

Article 34-3(Corrective Orders for Exceeding Permissible Tire Noise Levels) #

Article 35(Permissible Running Car Noise Standards) #

Article 36(Occasional Checkup of Running Cars) #

Article 37(Regular Checkup of Running Cars) #

Article 38(Orders to Improve Running Cars) #

Article 39(Control of Aircraft Noise) #

Article 40(Performance and Standards for Installation of Soundproof Facilities) #

Article 41(Registration of Verification Inspection Agents) #

Article 42(Disqualifications) #

Article 43(Revocation of Registration) #

Article 44(Inspection of Noise Level) #

Article 44-2(Marking of Low Noise for Home Appliances) #

Article 45(Designation of Noise Level Inspection Institution and Revocation thereof) #

Article 45-2(Recommendation of Noise Standards for Railroad Vehicles) #

Article 45-3(Maximum Permissible Sound Levels for Portable Sound Systems) #

Article 46(Training of Environment Engineers) #

Article 46-2(Payment of Monetary Awards) #

Article 47(Reporting and Inspection) #

Article 48(Cooperation of Relevant Agency) #

Article 49(Criteria for Administrative Disposition) #

Article 50(Succession of Effect of Administrative Disposition) #

Article 51(Hearings) #

Article 52(Submission of Annual Report) #

Article 53(Fees) #

Article 54(Delegation or Entrustment of Authority) #

Article 55(Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) #

Article 56(Penalty Provisions) #

Article 57(Penalty Provisions) #

Article 58(Penalty Provisions) #

Article 59(Joint Penal Provisions) #

Article 60(Administrative Fines) #