Article 39(Field survey on adjacent mining district) #
(1) The Minister of Trade, Industry and Resources shall devise necessary measures to reduce disorderly extraction of coal resources and hazards to mine workers by quickly preventing the trespass mining of an adjacent mining district. <Amended on Mar. 23, 2013; Oct. 1, 2025>
(2) If a coal mining business operator has reason to acknowledge that a coal mining business operator of an adjacent mining district has committed the trespass mining beyond the boundary of the relevant mining district into the former's mining district, he or she may request the Minister of Trade, Industry and Resources to conduct a field survey. <Amended on Mar. 23, 2013; Oct. 1, 2025>
(3) When the Minister of Trade, Industry and Resources receives a request under paragraph (2), he or she shall, without delay, have persons designated by the coal mining business operator who has requested the field survey (hereinafter referred to as "applicant") and the coal mining business operator of the adjacent mining district respectively, jointly conduct a field survey and measurement on the relevant area at each party's own expense, with the participation of the public officials under the Ministry's jurisdiction (including the public officials in a mine safety office). In such cases, the Minister of Trade, Industry and Resources may, if deemed necessary, issue an order to preserve the relevant site. <Amended on Mar. 23, 2013; Jan. 27, 2016; Oct. 1, 2025>
(4) The applicant and the coal mining business operator of the adjacent mining district shall require the person designated for conducting a field survey pursuant to the former part of paragraph (3) to attend on the date of said field survey. In such cases, where a person designated by the applicant fails to attend the field survey without good cause, the application shall be deemed to be waived, and where a person designated by the coal mining business operator of the adjacent mining district fails to attend the field survey, the field survey shall be conducted only by the person designated by the applicant and the survey shall be deemed jointly conducted pursuant to paragraph (3). <Added on Jan. 27, 2016>
(5) In case where the applicant or the coal mining business operator of the adjacent mining district raises an objection regarding the result of the field survey conducted under paragraph (3), the Minister of Trade, Industry and Resources shall have a survey or measurement conducted by a person registered as a surveyor under Article 44 (2) of the Act on the Establishment and Management of Spatial Data or a specialized institution prescribed by Decree of the Ministry of Trade, Industry and Resources. In such cases, the coal mining business operator of the adjacent mining district shall not obstruct the survey or measurement. <Amended on Mar. 23, 2013; Jun. 3, 2014; Jan. 27, 2016; Oct. 1, 2025>
(6) The applicant and the coal mining business operator of the adjacent mining district may participate in the field survey conducted under paragraph (5) and present their opinions. <Amended on Jan. 27, 2016>
(7) The Minister of Trade, Industry and Resources may order the coal mining business operator of the adjacent mining district to suspend his or her operation temporarily or to provide mining facilities or equipment for use if he or she deems it necessary for the field survey. In such cases, the scope of the order shall be limited to the necessary minimum. <Amended on Mar. 23, 2013; Jan. 27, 2016; Oct. 1, 2025>
(8) Upon performing a field survey under paragraph (5), the Minister of Trade, Industry and Resources shall have the requester pay the expenses in advance for such survey and deposit the estimated amount of compensation for loss to be paid to the coal mining business operator of the adjacent mining district, if the field survey results in a judgment that trespass mining has never occurred beyond the boundary of the relevant mining district into the requester's mining district. <Amended on Mar. 23, 2013; Jan. 27, 2016; Oct. 1, 2025>
(9) If a field survey conducted under paragraph (3) or (5) results in a judgment that trespass mining has occurred beyond the boundary of the relevant mining district into the requester's mining district, the Minister of Trade, Industry and Resources shall order suspension of operation in such zone and closure of the tunnel. <Amended on Mar. 23, 2013; Jan. 27, 2016; Oct. 1, 2025>
[This Article Wholly Amended on Apr. 14, 2011]