ACT ON ENVIRONMENTAL DISPUTE MEDIATION AND ENVIRONMENTAL DAMAGE REMEDY

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to conserve the environment and provide relief for damage to the health and property of citizens by prescribing the procedures, etc. for health damage investigations, environmental dispute resolution, and determinations on the payment of relief benefits, thereby ensuring prompt, fair, and efficient addressing of environmental damage.

Article 2(Definitions) #

The terms used in this Act are defined as follows:

1. The term "environmental damage" means damage to health, property, or mental well-being caused by air pollution, water pollution, soil pollution, marine pollution, noise or vibration, malodor, destruction of natural ecosystems, obstruction of sunlight or air circulation, impediment of view, light pollution caused by artificial lighting, changes in groundwater levels or flow paths, changes in river water levels, chemical spills or exposure, exposure to biocidal products, and any other cause prescribed by Presidential Decree, which have occurred or are expected to occur as a result of business activities or other human activities; provided, damage caused by radioactive contamination shall be excluded;

2. The term "health damage investigation" means an investigation into health damage, etc. under Article 26 or 27, or an investigation into health damage caused by asbestos under Article 44(2) of the Asbestos Injury Relief Act;

3. The term "environmental dispute" means a conflict regarding environmental damage or a conflict regarding the installation or management of environmental facilities defined in subparagraph 2 of Article 2 of the Environmental Technology and Industry Support Act;

4. The term "resolution" means facilitation, mediation, adjudication, or arbitration in relation to environmental disputes;

5. The term "environmental dispute involving multiple persons" means an environmental dispute in which multiple persons claim to have suffered environmental damage caused by the same source;

6. The term "relief benefits" means benefits paid to victims who have suffered environmental pollution damage, health damage caused by asbestos exposure, or damage caused by biocidal products or to their bereaved families under Article 23 of the Act on Liability for Environmental Damage and Relief Thereof, Article 5 of the Asbestos Injury Relief Act, and Article 48-2 of the Consumer Chemical Products and Biocides Safety Control Act.

ACT ON ENVIRONMENTAL DISPUTE MEDIATION AND ENVIRONMENTAL DAMAGE REMEDY

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Principle of good faith) #

Article 4(Establishment of environmental dispute resolution and damage relief committees) #

Article 5(Business affairs under jurisdiction of Commission or committees) #

Article 6(Jurisdiction) #

Article 7(Transfer of business affairs under jurisdiction) #

Article 8(Composition of Commission or committees) #

Article 9(Appointment and commissioning of members of Commission or committees) #

Article 10(Duties of chairpersons) #

Article 11(Grounds for disqualification) #

Article 12(Security of tenure) #

Article 13(Expert members) #

Article 14(Administrative body) #

Article 15(Composition of plenary session of National Commission) #

Article 16(Subcommittees) #

Article 17(Presiding members) #

Article 18(Service of resolution results) #

Article 19(Service by publication) #

Article 20(Reporting and hearing of opinions) #

Article 21(Nondisclosure of procedures) #

Article 22(Exclusion of, challenge to, or recusal of, members) #

Article 23(Request for cooperation from relevant agencies) #

Article 24(Referral procedures) #

Article 25(Establishment of rules) #

Article 26(Investigation into health damage according to decision of chairperson) #

Article 27(Investigation into health damage upon petition) #

Article 28(Nonacceptance of petitions) #

Article 29(Financial and technical assistance) #

Article 30(Applications for resolution) #

Article 31(Recommendation for settlement) #

Article 32(Dismissal of applications without prejudice) #

Article 33(Selected representatives) #

Article 34(Participation) #

Article 35(Correction of respondents) #

Article 36(Agents) #

Article 37(Objection to interim decisions) #

Article 38(Delegation of resolution procedures) #

Article 39(Applications for resolution by environmental organizations) #

Article 40(Relationship to the State Compensation Act) #

Article 41(Resolution costs) #

Article 42(Provisions applicable mutatis mutandis) #

Article 43(Designation of facilitators) #

Article 44(Duties of facilitators) #

Article 45(Discontinuation of facilitation) #

Article 46(Ex officio mediation) #

Article 47(Designation of mediators) #

Article 48(Investigative powers of mediation committees) #

Article 49(Request for appearance of parties) #

Article 50(Conclusion of mediation) #

Article 51(Mediation decisions) #

Article 52(Cases where mediation need not be conducted) #

Article 53(Termination of mediation) #

Article 54(Effect of mediation) #

Article 55(Application mutatis mutandis of the Judicial Conciliation of Civil Disputes Act) #

Article 56(Types of adjudication) #

Article 57(Designation of adjudicators) #

Article 58(Hearings) #

Article 59(Investigative powers of adjudication committees) #

Article 60(Preservation of evidence) #

Article 61(Adjudication) #

Article 62(Restoration to original state) #

Article 63(Effect of adjudication) #

Article 64(Referral to mediation) #

Article 65(Withdrawal of applications for adjudication) #

Article 66(Interruption of prescription) #

Article 67(Relationship to lawsuits) #

Article 68(Designation of arbitrators) #

Article 69(Hearings by arbitral tribunals) #

Article 70(Effect of arbitration) #

Article 71(Application mutatis mutandis of the Arbitration Act) #

Article 72(Applications for resolution of environmental disputes involving multiple persons) #

Article 73(Requirements for permission) #

Article 74(Concurrent applications) #

Article 75(Decision to grant permission) #

Article 76(Supervision of representative parties) #

Article 77(Public announcement) #

Article 78(Applications for participation) #

Article 79(Effect) #