ENVIRONMENTAL IMPACT ASSESSMENT ACT

영문법령 불러오는 중…

ENVIRONMENTAL IMPACT ASSESSMENT ACT — 법갈피

Article 9(Plans subject to strategic environmental impact assessment) #

(1) When the head of an administrative agency intends to formulate any of the following plans, he or she shall conduct a strategic environmental impact assessment with regard thereto:

1. An urban development project;

2. A plan for the development of an industrial site or industrial complex;

3. A plan for the development of energy sources;

4. A plan for the development of a harbor;

5. A plan for the construction of a road;

6. A plan for the development of water resources;

7. A plan for the construction of a railroad (including an urban railroad);

8. A plan for the construction of an airport;

9. A plan for the use and development of river;

10. A plan for the development of land and reclamation of public waters;

11. A plan for the development of a tourism complex;

12. A plan for the development of a mountainous district;

13. A plan for the development of a particular area;

14. A plan for the establishment of a sports facility;

15. A plan for the establishment of a waste disposal facility;

16. A plan for the establishment of facilities for national defense and military installations;

17. A plan for the extraction of earth and stone, sand, gravel, minerals, etc.;

18. A plan for the establishment of any of the facilities specified by Presidential Decree as those that have an environmental impact.

(2) The plans subject to strategic environmental impact assessment conducted under paragraph (1) (hereinafter referred to as "plans subject to strategic environmental impact assessment") are classified as follows, taking the nature of each plan into consideration:

1. Governmental plan: A plan that generally indicates the basic direction-setting for, or guidelines for, the development and conservation of all or some national land;

2. Master development plan: Either of the following plans for a certain part of national land:

(a) A plan for the designation of a particular development zone;

(b) A plan that is required to be formulated by a specific statute or regulation before formulating an implementation plan to form the basis for a standard for an implementation plan.

(3) The subcategories of the plans subject to strategic environmental impact assessment and the governmental plans and master development plans formulated under paragraph (2) shall be prescribed by Presidential Decree, following the procedures prescribed in Article 10-2. <Amended on May 29, 2016>

Article 10-2(Procedures for determining plans subject to strategic environmental impact assessment) #

(1) The head of each administrative agency shall determine whether to conduct a strategic environmental impact assessment with regard to each of the administrative agency's plans subject to strategic environmental impact assessment at the interval specified by Presidential Decree, based on the following factors, and shall notify the Minister of Environment of the results thereof:

1. How serious the environmental impact of the plan is;

2. Whether the environmental impact of the plan is assessable;

3. Whether the plan affects another plan or any development project;

4. Whether the existing plans subject to strategic environmental impact assessment are appropriate;

5. Whether the plan for which a strategic environmental impact assessment is required is additionally necessary.

(2) When the head of any administrative agency intends to determine not to conduct a strategic environmental impact assessment pursuant to paragraph (1), he or she shall gather consensus from relevant experts and others on the ground for such determination and shall consult with the Minister of Environment thereon.

(3) If the Minister of Environment examines the ground on which he or she is requested to hold a consultation pursuant to paragraph (2) and concludes that a strategic environmental impact assessment is necessary, he or she may request for conducting the strategic environmental impact assessment of the relevant plan.

(4) If the scope of a strategic environmental impact assessment to be conducted for the relevant plan overlaps with the scope of a strategic environmental impact assessment already conducted for another plan or if it is deemed that an identical assessment has been already conducted for the relevant plan, the head of the relevant administrative agency may review the plan at the interval specified by Presidential Decree and may determine not to conduct a strategic environmental impact assessment for the plan. In such cases, the head of the relevant administrative agency shall gather consensus from relevant experts and others and shall consult with the Minister of Environment thereon.

(5) Procedures necessary for notification made under paragraph (1), consultations held under paragraph (2), requesting for an assessment conducted under paragraph (3), and consultations held under paragraph (4) shall be prescribed by Decree of the Ministry of Environment.

[This Article Added on May 29, 2016]

Article 11(Determination of items subject to assessment and scope of assessment) #

(1) When the head of an administrative agency intends to formulate a plan subject to strategic environmental impact assessment, he or she shall make a preparatory statement for assessment before conducting strategic environmental impact assessment and shall present the statement to the environmental impact assessment council for deliberation to determine the following matters (hereinafter in this Chapter referred to as "items, etc. subject to strategic environmental impact assessment"); provided, deliberation by the environmental impact assessment council need not be conducted, if the area specified for the relevant project in the master development plan prescribed in Article 9 (2) 2 (hereinafter referred to as "master development plan") is smaller than the area specified by Presidential Decree: <Amended on May 29, 2016>

1. The area subject to strategic environmental impact assessment;

2. A land use plan;

3. Alternative plans;

4. Items subject to assessment, the scope, methods, etc. of assessment.

(2) Where a plan subject to strategic environmental impact assessment is formulated upon receipt of a proposal from a person who is not an administrative agency, the person who proposes the plan subject to strategic environmental impact assessment shall make a preparatory statement for assessment and shall request the head of the administrative agency, who shall formulate the plan subject to strategic environmental impact assessment, to determine the items, etc. subject to strategic environmental impact assessment.

(3) Upon receipt of a request made under paragraph (2), the head of an administrative agency shall bring the case before the environmental impact assessment council within a period specified by Presidential Decree for deliberation and shall notify the person who proposes the plan subject to strategic environmental impact assessment of the outcomes thereof.

(4) Where the head of an administrative agency who intends to formulate a plan subject to strategic environmental impact assessment determines the items, etc. subject to strategic environmental impact assessment conducted under paragraphs (1) through (3), he or she shall consider the following matters:

1. The nature of the relevant plan;

2. Consistency with top plans and other related plans;

3. Locational conditions, status of existing land-use, and environmental features of the relevant area and its environs;

4. Changes in seasonal characteristics (An area with substantial environmental and ecological value);

5. Other matters related to the maintenance of environmental standards.

(5) The head of an administrative agency who intends to formulate a plan subject to strategic environmental impact assessment shall publish the items, etc. subject to strategic environmental impact assessment determined pursuant to paragraph (1) or (3) and shall gather consensus thereon from residents, etc. as prescribed by Presidential Decree; provided, the items, etc. subject to strategic environmental impact assessment need not be published, if all of such items, etc. include those for environmental impact assessment. <Amended on May 29, 2016>

(6) Matters necessary for determining items, etc. subject to strategic environmental impact assessment conducted under paragraphs (1) through (4) shall be prescribed by Presidential Decree, and the methods for making a preparatory statement for assessment shall be prescribed by Decree of the Ministry of Environment.

Article 13(Gathering consensus from residents) #

(1) The head of an administrative agency who intends to formulate a master development plan shall publicly announce the draft strategic environmental impact assessment report on the master development plan for public inspection and shall hold presentations to gather consensus thereon from the residents in the assessed area; provided, a public hearing shall be held if residents within the scope specified by Presidential Decree request for a public hearing.

(2) If a master development plan involves any of the areas specified by Presidential Decree, including an area with a great value for the conservation of ecosystem and an area where environmental damage or changes in a natural ecosystem are significant or likely to be significant, the head of the administrative agency who intends to formulate the master development plan shall gather consensus thereon from relevant experts and other persons, in addition to consensus from residents in the assessed area. <Amended on Jun. 12, 2018>

(3) If the head of an administrative agency who intends to formulate a master development plan is unable to hold a presentation or public hearing referred to in paragraph (1) under normal conditions other than due to his or her own fault or if any of the extenuating circumstances specified by Presidential Decree occurs, he or she need not hold a presentation or public hearing. In such cases, the head shall hold an online presentation or public hearing through an information and communications network or shall gather consensus from residents, etc. by a method equivalent to a presentation session or public hearing, as prescribed by Presidential Decree. <Amended on Feb. 20, 2024>

(4) The head of an administrative agency who intends to formulate a master development plan shall disclose the results of gathering consensus from residents, etc. prescribed in paragraphs (1) through (3) and whether such opinions have been reflected in the plan to the public by the method specified by Presidential Decree. <Amended on Feb. 20, 2024>

(5) Matters necessary for public announcement, public inspections, the holding of presentations or public hearings, the conducting of online presentations or public hearings through an information and communications network, and the gathering of consensus prescribed in paragraphs (1) through (3) shall be prescribed by Presidential Decree. <Amended on Feb. 20, 2024>

Article 17(Review of strategic environmental impact assessment reports) #

(1) Upon receipt of a request for consultations held under Article 16 (1) or (2), the Minister of Environment shall review whether the procedures for gathering consensus from residents have been observed, the details of the strategic environmental impact assessment report, etc.

(2) Where necessary to review a strategic environmental impact assessment report, the Minister of Environment may hear opinions of the Korea Environment Institute established under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes, Etc. (hereinafter referred to as the "Korea Environment Institute"), or other institutions prescribed by Presidential Decree which have expertise necessary for strategic environmental impact assessment, or request the heads of relevant administrative agencies to conduct on-site investigations, and may request the heads of relevant administrative agencies to submit relevant data; Provided, That in cases of a strategic environmental impact assessment report formulated by any person other than the Minister of Oceans and Fisheries, the Minister of Oceans and Fisheries shall hear the opinions of the Minister of Oceans and Fisheries. <Amended on Mar. 23, 2013; Nov. 26, 2019; Aug. 17, 2021>

(3) If the Minister of Environment finds, as a result of the review of a strategic environmental impact assessment report made under paragraph (1), that it is necessary to amend the strategic environmental impact assessment report or if any of the grounds specified by Presidential Decree exists, he or she may request the head of the administrative agency who intends to formulate a plan subject to strategic environmental impact assessment (referring to the head of the approving agency, if the plan is subject to approval; hereinafter referred to as "head of the competent administrative agency") to amend the strategic environmental impact assessment report or the relevant plan or may request the head of the competent administrative agency to require the person proposing the plan subject to strategic environmental impact assessment to amend the strategic environmental impact assessment report. In such case, amendments may be requested only twice. <Amended on May 29, 2016>

(4) In any of the following cases, the Minister of Environment may reject a strategic environmental impact assessment report: <Amended on Nov. 28, 2017>

1. Where it is deemed impractical to proceed with consultations because the strategic environmental impact assessment report has been inappropriately prepared, such as omitting any important matter with regard to a request made under paragraph (3) for amendment;

2. Where the strategic environmental impact assessment report is deemed to have been falsely prepared.

(5) In either of the following cases, the Minister of Environment may notify the head of the competent administrative agency that he or she shall re-examine, among other things, the scale and details of a plan subject to strategic environmental impact assessment and timing for implementing said plan: <Amended on Nov. 26, 2019>

1. If the relevant plan subject to strategic environmental impact assessment proceeds, even a scaleback or adjustment of said plan causes or is likely to cause environmental degradation or significant changes in natural ecosystems;

2. Where the relevant plan subject to strategic environmental impact assessment does not conform to a national environmental policy or is likely to inflict serious damage on an area of great ecological value.

(6) The standards and methods for reviewing strategic environmental impact assessment reports, etc. under paragraph (1) and matters necessary for amending strategic environmental impact assessment reports, etc. under paragraph (3), for rejecting such reports under paragraph (4), and for re-examining plans subject to strategic environmental impact assessment under paragraph (5) shall be prescribed by Presidential Decree. <Amended on May 29, 2016; Nov. 26, 2019>

Article 24(Determination of items subject to assessment and scope of assessment) #

(1) A project implementer not obliged to obtain approval, etc. shall formulate a preparatory statement for assessment before conducting environmental impact assessment and shall present the statement to the environmental impact assessment council for deliberation within a period specified by Presidential Decree to determine the following matters (hereafter in this Chapter referred to as "items, etc. of environmental impact assessment"):

1. The area subject to environmental impact assessment;

2. Alternative plans for environmental conservation;

3. Items subject to assessment, the scope, methods, etc. of assessment.

(2) A project implementer obliged to obtain approval, etc. shall formulate a preparatory statement for assessment before conducting environmental impact assessment and shall request the head of the approving agency to determine the items, etc. subject to environmental impact assessment.

(3) Upon receipt of either of the following requests, the Minister of Environment may determine the items, etc. subject to environmental impact assessment: <Amended on May 29, 2016>

1. Where a project implementer not obliged to obtain approval, etc. is unable to undergo deliberation by the environmental impact assessment council due to inevitable circumstances or finds that expertise is required particularly and requests the Minister of Environment to determine the items, etc. subject to environmental impact assessment;

2. Where a project implementer obliged to obtain approval, etc. is unable to undergo deliberation by the environmental impact assessment council due to inevitable circumstances or finds that expertise is required particularly and requests the Minister of Environment to determine the items, etc. subject to environmental impact assessment via the approving agency.

(4) Upon receipt of a request made under paragraph (2) or (3), the head of the approving agency or the Minister of Environment shall determine the items, etc. subject to environmental impact assessment, after deliberation by the environmental impact assessment council, within a period specified by Presidential Decree, and shall notify the relevant project implementer of such determination.

(5) When a project implementer not obliged to obtain approval, etc. or the head of the approving agency (hereinafter referred to as "head of the approving agency") or the Minister of Environment determines the items, etc. subject to environmental impact assessment conducted under paragraphs (1) through (4), he or she shall consider the following matters:

1. The items, etc. subject to environmental impact assessment , determined under Article 11 (only where the relevant project is subject to environmental impact assessment under a master development plan already formulated);

2. Locational conditions of the area involved and its environs;

3. Land-use conditions;

4. The nature of the project;

5. Environmental features;

6. Changes in seasonal characteristics (an area with a great value in environmental and ecological aspects).

(6) If the items, etc. subject to strategic environmental impact assessment that include the items, etc. subject to environmental impact assessment has been determined under Article 11, and consultation has been made with the Minister of Environment regarding the strategic environmental impact assessment, the project implementer need not follow the procedures for determining the items, etc. subject to environmental impact assessment conducted under paragraph (1) or (2). In such cases, the items, etc. subject to strategic environmental impact assessment determined under Article 11 shall be deemed the items, etc. subject to environmental impact assessment determined under paragraphs (1) through (5). <Amended on May 29, 2016; Nov. 28, 2017>

(7) The head of the approving agency or the Minister of Environment shall publish the items, etc. subject to environmental impact assessment, determined pursuant to paragraphs (1) and (4), and shall gather consensus from residents, etc., as prescribed by Presidential Decree.

(8) Matters necessary for determining the items, etc. subject to environmental impact assessment conducted under paragraphs (1) through (5) shall be prescribed by Presidential Decree, and the methods for preparing preparatory statements for assessment conducted under paragraphs (1) and (2) shall be prescribed by Decree of the Ministry of Environment.

Article 25(Gathering consensus from residents) #

(1) A project implementer shall formulate a draft environmental impact assessment report on items, etc. subject to environmental impact assessment, determined in accordance with Article 24, and shall gather consensus thereon from residents, etc.

(2) Articles 12 and 13 shall apply mutatis mutandis to the procedures for formulating a draft environmental impact assessment report and gathering consensus thereon from residents, etc. pursuant to paragraph (1); provided, the public announcement of such report for public inspection by residents shall be conducted by the head of a Si/Gun/Gu (Gu means an autonomous Gu) having jurisdiction over the area involved in the project subject to environmental impact assessment (including the head of an administrative city prescribed in Article 11 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City). <Amended on Jul. 24, 2015; May 29, 2016>

(3) If a project implementer has posted a draft environmental impact assessment report prescribed in paragraph (1) for at least 20 days to gather consensus from residents, etc. in accordance with other statutes or regulations or has gathered consensus in accordance with the procedures prescribed in paragraph (2), consensus from residents, etc. shall be deemed to have been gathered in accordance with paragraph (1). <Added on May 29, 2016>

(4) A project implementer shall disclose to the public the results of gathering opinions from residents, etc. prescribed in paragraph (1) or (3) and whether such opinions have been reflected in the relevant plan by the method specified by Presidential Decree. <Amended on May 29, 2016>

(5) If a project implementer has formulated a draft strategic environmental impact assessment report and gathered consensus in accordance with the procedures provided for in Articles 12 through 15 (excluding where the procedures for collecting opinions are omitted under Article 14) and meets all the following requirements in formulating the master development plan for a project subject to environmental impact assessment, the procedures for preparing a draft environmental impact assessment report and for gathering consensus thereon under paragraphs (1) and (2) may be omitted, subject to consultations with the head of the agency who shall hold consultations: <Amended on Jan. 27, 2016; May 29, 2016>

1. Where three years have not passed since agreed terms and conditions on a strategic environmental impact assessment report were notified pursuant to Article 18;

2. Where the scale of the relevant project is increased by not more than 30 percent, compared with agreed terms and conditions prescribed in Article 18;

3. Where the scale of the relevant project, compared with agreed terms and conditions prescribed in Article 18, is increased by not greater than the minimum scale of a project subject to environmental impact assessment for the projects specified by Presidential Decree pursuant to Article 22 (2);

4. Where a site for a facility that severely affects the living environment of residents, such as a waste incineration plant, waste landfill, sewage treatment plant, or public effluent treatment plant, is not added.

(6) Matters necessary for the methods for preparing draft environmental impact assessment reports made under paragraph (1) and the methods for publicly announcing such report for public inspection under the proviso of paragraph (2) shall be prescribed by Presidential Decree. <Amended on May 29, 2016>

Article 28(Review of environmental impact assessment reports) #

(1) Upon receipt of a request for consultations held under Article 27 (1), the Minister of Environment shall review whether the procedures for gathering consensus from residents have been completed, the details of the environmental impact assessment report, etc.

(2) If the Minister of Environment deems necessary for reviewing an environmental impact assessment report under paragraph (1), may seek opinions thereon from institutions with expertise necessary to conduct environmental impact assessment and which are prescribed by Presidential Decree or relevant experts or request them to conduct a field survey and may request the relevant project implementer or the head of the approving agency to furnish him or her with relevant data; provided, the Minister of Environment shall gather consensus from the following persons: <Amended on Mar. 23, 2013; Nov. 26, 2019; Aug. 17, 2021>

1. The Korea Environment Institute;

2. Minister of Oceans and Fisheries (only where the relevant project is one specified by Presidential Decree as those that affect marine environment).

(3) If the Minister of Environment finds, upon reviewing an environmental impact assessment report made under paragraph (1), that it is necessary to amend or adjust the environmental impact assessment report or the relevant project plan on any of the grounds specified by Presidential Decree exists, he or she may request the head of the approving agency to amend or adjust the environmental impact assessment report or the project plan or may request the head of the approving agency to require the project implementer to amend or adjust the report or plan. In such cases, amendments and adjustments may be requested only twice. <Amended on May 29, 2016; Oct. 22, 2024>

(4) In any of the following cases, the Minister of Environment may reject an environmental impact assessment report: <Amended on Nov. 28, 2017>

1. Where it is deemed impractical to proceed with consultations because the environmental impact assessment report or the relevant project plan has been inappropriately prepared, such as omitting any important matter with regard to a request made under paragraph (3) for amendment or adjustment;

2. Where the environmental impact assessment report is deemed to have been falsely prepared.

(5) In either of the following cases, the Minister of Environment may notify the head of the approving agency that he or she shall re-examine, among other things, the scale and details of a relevant project subject to strategic environmental impact assessment and timing for implementing said project: <Amended on Nov. 26, 2019>

1. If a project plan which includes the relevant project subject to environmental impact assessment proceeds, even a scaleback or adjustment of said plan causes or is likely to cause environmental degradation or significant changes in natural ecosystems;

2. Where a project plan which includes the relevant project subject to environmental impact assessment does not conform to a national environmental policy or is likely to inflict serious damage on an area of great ecological value.

(6) A project implementer or the head of the approving agency may request the Minister of Environment to adjust the relevant details in any of the following cases; in such cases, Article 31 shall apply mutatis mutandis to the procedures for requesting adjustment, determination on whether to make adjustment, and other relevant matters: <Added on Nov. 26, 2019; Oct. 22, 2024>

1. Where the implementer or head has an objection to the matters subject to amendment or adjustment requested pursuant to paragraph (3);

2. Where the implementer or head has an objection to the details of re-examination notified pursuant to paragraph (5).

(7) The standards and methods for reviewing environmental impact assessment reports, etc. under paragraph (1) and matters necessary for amending or adjusting environmental impact assessment reports, etc. under paragraph (3), for rejecting such reports under paragraph (4), and for re-examining projects subject to environmental impact assessment under paragraph (5) shall be prescribed by Presidential Decree. <Amended on May 29, 2016; Nov. 26, 2019>

Article 32(Re-consultation) #

(1) In any of the following cases, such as where the head of the approving agency intends to amend a project plan upon which consultation has been completed under Articles 27 through 29, the head of the approving agency shall request the Minister of Environment to consult thereon again: <Amended on May 29, 2016; Oct. 22, 2024>

1. Where the project subject to environmental impact assessment has been determined or approved after consultation with the Minister of Environment but has not commenced construction within the period prescribed by Presidential Decree;

2. Where the project subject to environmental impact assessment, which has been determined or approved after consultation with the Minister of Environment, is revoked or invalidated, and the period prescribed by Presidential Decree has elapsed from the date of receiving the notification of the consultation details;

3. Where the approval or determination of the project subject to environmental impact assessment has been delayed after consultation with the Minister of Environment, and the period prescribed by Presidential Decree has elapsed from the date of receiving the notification of the consultation details;

4. Where the area, length, etc. of the project subject to environmental impact assessment is increased to at least the scale prescribed by Presidential Decree;

5. Where an area designated for preservation in its original state or exclusion in the agreed terms and conditions notified pursuant to Article 29 or Article 31 is developed at or above the scale prescribed by Presidential Decree, or the location of the designated area is changed;

6. Where it is not proper to implement the project plan, etc. according to agreed terms and conditions, due to occurrence of any of the events prescribed by Presidential Decree.

(2) Notwithstanding paragraph (1), the head of the approving agency may omit the request for reconsultation in cases specified in paragraph (1) 1 through 3 where the surrounding conditions have slightly changed and the head has consulted with the Minister of Environment. <Amended on Oct. 22, 2024>

(3) The provisions of Articles 24 through 31 shall apply mutatis mutandis to the re-consideration under paragraph (1). <Amended on May 29, 2016>

Article 34(Prohibition against premature implementation of projects) #

(1) No project implementer shall commence any construction work for a project subject to environmental impact assessment without undergoing or before completing the procedures for consultation, re-consultation, or consultation on amendment under Articles 27 through 29 and 31 through 33 (where grounds for re-consultation or consultation on amendment arise while construction work is partially underway, referring to before the procedures for re-consultation or for consultation on amendment are completed); provided, the foregoing shall not apply to any of the following construction works: <Amended on Nov. 28, 2017; Nov. 26, 2019>

1. Construction works performed in an area approved through the consultation under Articles 27 through 31 and excluded from an area subject to re-consultation or amendment to agreed terms and conditions;

2. Construction works performed for any of the insignificant matters prescribed by Decree of the Ministry of Environment, including construction works of a site office for preparing the commencement of construction and construction works to fulfill obligations under other statutes or regulations.

(2) No head of the approving agency shall approve a project plan, etc. before the procedure for consultation, re-consultation, or amendment of agreed terms and conditions under Articles 27 through 33 is completed.

(3) If a project implementer obliged to obtain approval, etc. performs any construction work in violation of paragraph (1), the head of the approving agency shall order the project implementer to wholly or partially suspend construction works on the relevant project.

(4) If a project implementer not obliged to obtain approval, etc. performs any construction work in violation of paragraph (1), the Minister of Environment may order the project implementer to suspend construction works, to reinstate the site, or to take other necessary measures, or may request the head of the approving agency to issue an order to suspend construction works, reinstate the site, or take other necessary measures. In such cases, the head of the approving agency shall comply with such request, except in extenuating circumstances. <Amended on Nov. 28, 2017>

Article 36(Follow-up survey of environmental impacts) #

(1) A project implementer shall conduct a survey of the impact of the relevant project on the surrounding environment (hereinafter referred to as "follow-up survey of environmental impact") after commencing the project and shall notify the following persons of the findings of such survey:

1. The Minister of Environment;

2. The head of the approving agency (only where approval, etc. is required for a project subject to environmental impact assessment).

(2) If a project implementer finds it necessary, as a result of the follow-up survey of environmental impacts, to take measures for preventing damage to the surrounding environment, the project implementer shall notify each person referred to in paragraph (1) of the findings and shall take necessary measures.

(3) Upon receipt of the notice of the findings of a follow-up survey of environmental impacts under paragraph (1) or the findings of a follow-up survey of environmental impacts and measures taken therefor under paragraph (2), the Minister of Environment shall review such findings and measures, and disclose details thereof according to the methods prescribed by Presidential Decree. <Added on Jan. 20, 2015; Jun. 12, 2018>

(4) If the Minister of Environment deems it necessary to review the findings of a follow-up survey of environmental impacts and measures taken therefor under paragraph (3), the Minister may hear opinions from, or request a field survey to, appropriate experts or the institutions specified by Presidential Decree, and may request the relevant project implementer or the head of the approving agency to submit related data. <Added on Jan. 20, 2015>

(5) The projects subject to a follow-up survey of environmental impacts, the items and period of a survey, guidelines and methods for the review on the findings of a follow-up survey of environmental impacts and measures taken therefor, and other necessary matters shall be prescribed by Decree of the Ministry of Environment. <Amended on Jan. 20, 2015>

Article 40(Orders to take measures) #

(1) If a project implementer obliged to obtain approval, etc. fails to fulfill agreed terms and conditions, the head of the approving agency shall order the project implementer to take measures necessary for fulfillment.

(2) If the head of the approving agency finds that a project severely affects the environment as a consequence of the failure of the project implementer obliged to obtain approval, etc. to comply with an order issued under paragraph (1) to take measures, he or she shall issue an order to suspend all or some construction works on the project.

(3) The Minister of Environment shall ascertain whether agreed standards have been complied with, if agreed terms and conditions include any matter concerning agreed standards. <Amended on Nov. 28, 2017>

(4) In any of the following cases, the Minister of Environment may order a project implementer not obliged to obtain approval, etc. to suspend construction works, reinstate the site, or take other necessary measures, or may request the head of the approving agency to issue an order to suspend construction works, reinstate the site, or take other necessary measures. In such cases, the head of the approving agency shall comply with such request, unless there is a compelling reason not to do so: <Added on Nov. 28, 2017>

1. Where it is deemed necessary to manage the implementation of the agreed terms and conditions;

2. Where it is deemed necessary to prevent damage to the surrounding environment as a result of reviewing the outcomes of the follow-up survey of environmental impact, details of the countermeasures, etc.

(5) When the head of the approving agency issues an order to take other necessary measures or suspend construction works under paragraph (1), (2), or (4) or when a project implementer takes measures in accordance with paragraph (4), the head of the approving agency or project implementer shall notify the Minister of Environment, without delay, of the details thereof. <Amended on Nov. 28, 2017>

Article 43(Subject matters for mini environmental impact assessment) #

(1) A person (hereafter in this Chapter referred to as "project implementer") who intends to implement a development project that meets each of the following criteria (hereinafter referred to as "project subject to mini environmental impact assessment") shall conduct mini environmental impact assessment:

1. A development project implemented in any of the areas specified by Presidential Decree as areas requiring conservation and the areas requiring planned development for environmental conservation because reckless development is anticipated (hereinafter referred to as "specific-use zone for conservation");

2. A development project specified by Presidential Decree as a development project not falling within any category, or the scope, of projects subject to environmental impact assessment.

(2) Notwithstanding paragraph (1), each of the following projects shall be excluded from the projects subject to mini environmental impact assessment: <Amended on Feb. 20, 2024>

1. A project for emergency measures under Article 37 of the Framework Act on the Management of Disasters and Safety;

2. A development project on which the Minister of National Defense has held consultations with the Minister of Environment since he or she found it necessary for stringent protection of military secrets or for an urgent military operation;

3. A development project on which the Director of the National Intelligence Service has held consultations with the Minister of Environment since he or she found it necessary for secrets requiring stringent protection for national security.

4. A project implemented in an area declared as a special disaster area under Article 60 of the Framework Act on the Management of Disasters and Safety, in accordance with a disaster recovery plan under Article 46 of the Countermeasures against Natural Disasters Act and a disaster restoration plan under Article 59 of that Framework Act, which the Minister of the Interior and Safety deems necessary for emergency recovery and therefore consults with the Minister of Environment; in such cases, the Minister of the Interior and Safety shall request consultation, accompanied by the documents prescribed by Presidential Decree, such as a plan for environmental conservation.

Article 44(Preparation of mini environmental impact assessment reports, requests for consultations thereon) #

(1) A project implementer obliged to obtain approval, etc. shall formulate a mini environmental impact assessment report and submit it to the head of the approving agency before obtaining approval, etc. with regard to a project subject to mini environmental impact assessment.

(2) The head of the approving agency shall submit a mini environmental impact assessment report to the Minister of Environment before approving or verifying a project subject to mini environmental impact assessment and shall request the Minister of Environment to hold consultations on mini environmental impact assessment.

(3) If a project implementer obliged to obtain approval, etc. or the head of the approving agency conducts an environmental impact assessment in accordance with ordinance of the competent City/Do on a project subject to mini environmental impact assessment pursuant to Article 42 (1), the implementer or the head may omit the preparation of a mini environmental impact assessment report and the request for consultation under paragraphs (1) and (2). <Added on Oct. 22, 2024>

(4) A project implementer obliged to obtain approval, etc. or the head of the approving agency shall prepare a mini environmental impact assessment report and request consultation again under paragraphs (1) and (2), in any of the following cases; provided, the implementer or the head may omit the preparation of a mini environmental impact assessment report and the request for consultation under paragraphs (1) and (2), in any of the following cases where the surrounding conditions have slightly changed and the head has consulted with the Minister of Environment: <Added on May 29, 2016; Feb. 20, 2024; Oct. 22, 2024>

1. Where the project subject to mini environmental impact assessment, which has been determined or approved after consultation with the Minister of Environment, is revoked or invalidated, and the period prescribed by Presidential Decree has elapsed from the date of receiving the notification of the consultation details;

2. Where the approval or determination of the project subject to mini environmental impact assessment has been delayed after consultation with the Minister of Environment, and the period prescribed by Presidential Decree has elapsed from the date of receiving the notification of the consultation details;

3. Deleted. <Oct. 22, 2024>

(5) The details of a mini environmental impact assessment report and the methods of preparing a mini environmental impact assessment report prescribed in paragraph (1), the timing and procedures for requesting consultations on mini environmental impact assessment conducted pursuant to paragraph (2), and other necessary matters shall be prescribed by Presidential Decree. <Amended on May 29, 2016; Oct. 22, 2024>

Article 45(Review of mini environmental impact assessment reports) #

(1) Upon receipt of a request for consultation prescribed in Article 44 (2), the Minister of Environment shall review the compliance with the procedures for requesting consultation and the details of the mini environmental impact assessment report and shall notify the head of the approving agency of agreed terms and conditions within a period specified by Presidential Decree from the day on which he or she is requested for consultation.

(2) Article 17 (2) shall apply mutatis mutandis to the review of a mini environmental impact assessment report made under paragraph (1). In such cases, the term "strategic environmental impact assessment report" shall be deemed "mini environmental impact assessment report."

(3) If the Minister of Environment finds, as a result of the review of a mini environmental impact assessment report made under paragraph (1), that it is necessary to amend or adjust the environmental impact assessment report or the relevant project plan or any of the grounds specified by Presidential Decree exists, he or she may request the head of the approving agency to amend or adjust the mini environmental impact assessment report or the project plan or may request the head of the approving agency to require the project implementer to amend or adjust the report or plan. In such cases, amendments or adjustments may be requested only twice, and the head of the approving agency shall comply with such requests, except in extenuating circumstances. <Amended on May 29, 2016>

(4) If the Minister of Environment finds that he or she is unable to proceed with consultation because any important matter is omitted from a mini environmental impact assessment report without regard to a request made under paragraph (3) for amendment or adjustment or because the strategic environmental impact assessment report is inappropriate, he or she may reject the mini environmental impact assessment report. <Added on May 29, 2016>

(5) In either of the following cases, the Minister of Environment may notify the head of the approving agency that he or she shall re-examine, among other things, the scale and details of a relevant project subject to mini environmental impact assessment and timing for implementing said project: <Amended on Nov. 26, 2019>

1. If a project plan which includes the relevant project subject to mini environmental impact assessment proceeds, even a scaleback or adjustment of said project plan which includes the relevant project causes or is likely to cause environmental degradation or significant changes in natural ecosystems;

2. Where a project plan which includes the relevant project subject to mini environmental impact assessment does not conform to a national environmental policy or is likely to inflict serious damage on an area of great ecological value.

(6) The standards and methods for reviewing mini environmental impact assessment reports, etc. under paragraph (1) and matters necessary for amending or adjusting mini environmental impact assessment reports, etc. under paragraph (3), for rejecting such reports under paragraph (4), and for re-examining project plans subject to mini environmental impact assessment under paragraph (5) shall be prescribed by Presidential Decree. <Amended on May 29, 2016; Nov. 26, 2019>

[Title Amended on May 29, 2016]

Article 52-2(Determination of projects subject to in-depth assessment and procedures therefor) #

(1) When the head of the approving agency or the Minister of Environment, as prescribed in Article 24 (3), determines the items, etc. of an environmental impact assessment under Article 24 (1) and (4), if a project subject to environmental impact assessment prescribed by Presidential Decree falls under any of the following categories, the determination shall include whether the project is classified as one requiring an in-depth investigation, prediction, and assessment of environmental impacts (hereafter in this Article referred to as "project subject to in-depth assessment"), after deliberation by an environmental impact assessment council:

1. A project meeting the criteria prescribed by Presidential Decree, which is expected to have a significant impact on the natural environment, such as a project that encompasses an area with high ecological conservation value within an area subject to environmental impact assessment;

2. A project meeting the criteria prescribed by Presidential Decree, which is expected to have a significant impact on the living environment, such as a project that encompasses an area subject to environmental impact assessment where a group sensitive to exposure to environmental hazards, including children, senior citizens, pregnant women, and low-income groups, reside in numbers exceeding a certain scale.

(2) The head of the approving agency may seek the opinion of the Minister of Environment when intending to determine a project subject to in-depth assessment under paragraph (1).

(3) If a project implementer intends to conduct an environmental impact assessment on a project determined to be subject to in-depth assessment pursuant to paragraph (1), the implementer shall hold a public hearing, as prescribed by Presidential Decree, to seek the opinions of residents, etc. on the environmental impacts of the project and mitigation measures, etc.; provided, a project implementer need not hold a public hearing due to any reason prescribed by Presidential Decree, such as where a public hearing cannot be properly conducted for a reason not attributable to the implementer; and if a project implementer does not hold a public hearing, the implementer shall seek the opinions of residents, etc., through methods equivalent to a public hearing, such as an online public hearing using an information and communications network, as prescribed by Presidential Decree.

(4) The Minister of Environment may provide support necessary for the provision of environmental information and the investigation of environmental conditions, such as the natural environment, to ensure that the environmental impact assessment on a project determined to be subject to in-depth assessment under paragraph (1) is conducted in a substantial manner.

[This Article Added on Oct. 22, 2024]

Article 52-3(Determination of projects subject to expedited assessment and procedures therefor) #

(1) A project implementer that intends to implement a project subject to environmental impact assessment prescribed by Presidential Decree or a project subject to mini environmental impact assessment shall prepare a preparatory statement for assessment and request the Minister of Environment to determine the project as one requiring an expedited investigation, prediction, assessment, etc. of environmental impacts (hereafter in this Article referred to as "project subject to expedited assessment"), if the project meets all of the following conditions; provided, a project implementer required to obtain approval, etc. shall make such request through the head of the approving agency:

1. A project meeting the criteria prescribed by Presidential Decree, which is expected to have a minor impact on the natural environment, such as a project that does not encompass an area with high ecological conservation value within an area subject to the relevant assessment;

2. A project meeting the criteria prescribed by Presidential Decree, which is expected to have a minor impact on the living environment, such as a project that encompasses an area subject to the relevant assessment where no group sensitive to exposure to environmental hazards, including children, senior citizens, pregnant women, and low-income groups, resides.

(2) Upon receipt of a request under paragraph (1), the Minister of Environment shall determine whether the relevant project is subject to expedited assessment after gathering opinions from residents, etc. and after referring the request to an environmental impact assessment council for deliberation, by the methods prescribed by Presidential Decree and shall notify the relevant project implementer (including the head of the approving agency, in cases of a project implementer required to obtain approval, etc.) of the determination results within the period prescribed by Presidential Decree. In such cases, the Minister of Environment shall disclose the results of gathering opinions from residents, etc., and whether such results have been reflected, as prescribed by Presidential Decree.

(3) If a project implementer intends to conduct an environmental impact assessment or a mini environmental impact assessment on a project determined to be subject to expedited assessment pursuant to paragraph (2), the implementer may omit the following procedures; provided, the implementer shall prepare a plan for environmental conservation following the implementation of the project plan, etc.:

1. In cases of an environmental impact assessment: Procedures for determining items, scope, etc. of the assessment; preparing a draft environmental impact assessment report; gathering opinions from residents, etc.; preparing an environmental impact assessment report; requesting consultations, etc., as prescribed in Articles 24 through 27;

2. In cases of a mini environmental impact assessment: Procedures for preparing a mini environmental impact assessment report, requesting consultations, etc. as prescribed in Article 44.

(4) If a project implementer required to obtain approval, etc. formulates a plan for environmental conservation pursuant to paragraph (3), the implementer shall request the head of the approving agency to review the plan. In such cases, the head shall notify the implementer of the results of the review within a period prescribed by Presidential Decree from the date of receiving the request.

(5) The head of the approving agency shall seek the opinion of the Minister of Environment when preparing or reviewing a plan for environmental conservation pursuant to paragraphs (3) and (4).

(6) A project implementer under paragraph (3) or head of the approving agency under paragraph (4) shall take necessary measures to incorporate a plan for environmental conservation under paragraph (3) into the relevant project plan, and a project implementer under paragraph (3) shall implement the plan for environmental conservation incorporated into the project plan when implementing the project plan, etc.

(7) Article 30 (2) through (4) shall apply mutatis mutandis to the verification and notification regarding whether a plan for environmental conservation under paragraph (6) is incorporated; and the following provisions shall apply mutatis mutandis to the prohibition against premature implementation of projects, follow-up surveys of environmental impact, notification of commencement, etc. of a project under Articles 37 and 48, orders to take measures, and the implementation, management, etc. of a plan for environmental conservation, to the extent not contrary to the nature thereof; in such cases, "procedures for consultation" shall be construed as "procedures for expedited assessment (referring to procedures specified in paragraphs (1) through (5))" and "agreed terms and conditions" shall be construed as "plan for environmental conservation":

1. In cases of an environmental impact assessment: Articles 34 through 40 and 40-2;

2. In cases of a mini environmental impact assessment: Articles 47 through 49.

(8) If a project implementer seeks a modification of a project plan, etc. for which a plan for environmental conservation has been prepared (excluding modification of minor matters prescribed by Presidential Decree), the implementer shall conduct an environmental impact assessment under Articles 24 through 29 or a mini environmental impact assessment under Articles 44 and 45 again. In such cases, no project implementer shall commence any construction work for a project subject to the relevant assessment without following the procedures specified in the former part or before completing the procedures.

(9) The methods of preparing a preparatory statement for assessment under paragraph (1) shall be prescribed by Decree of the Ministry of Environment.

[This Article Added on Oct. 22, 2024]

Article 53(Conducting environmental impact assessment by proxy) #

(1) When a person who intends to conduct environmental impact assessment, etc. drafts the following documents (hereinafter referred to as "environmental impact assessment report, etc."), he or she may order a person who operates an environmental impact assessment business registered under Article 54 (1) (hereinafter referred to as "environmental impact assessment agent") to prepare such documents on his or her behalf: <Amended on May 29, 2016; Oct. 22, 2024>

1. A preparatory statement for, a draft report on, and a report on, environmental impact assessments, etc.;

2. A report on a follow-up survey of environmental impact;

3. A summary assessment report;

4. A plan for environmental conservation prescribed in Articles 33 and 52-3.

(2) When the head of any of the following institutions and organizations (hereinafter referred to as "contracting authority") intends to order a person to prepare an environmental impact assessment report, etc. prescribed in paragraph (1), he or she shall evaluate the agent's capability to perform the project, including technical capacity and management capability: <Added on Jan. 20, 2015>

1. A national agency or a local government;

2. A public enterprise or a quasi-governmental institution defined in Article 5 of the Act on the Management of Public Institutions;

3. A local public corporation or a local government-invested public corporation defined in the Local Public Enterprises Act;

4. Other institutions and organizations prescribed by Presidential Decree.

(3) If the contacting authority deems it necessary, when evaluating a person's capability to perform a project prescribed in paragraph (2), the authority may request the Environmental Impact Assessment Association established pursuant to Article 71 to cooperate in the evaluation. In such cases, the Environmental Impact Assessment Association shall comply with such request, except in extenuating circumstances. <Added on Jan. 20, 2015>

(4) Matters necessary for the target, standards, and procedures for the evaluation of the capability to perform a project prescribed in paragraphs (2) and (3) and for cooperation therein, etc. shall be prescribed by Presidential Decree. <Added on Jan. 20, 2015>

(5) A person who intends to conduct environmental impact assessment shall comply with the following rules: <Amended on Jan. 20, 2015; May 29, 2016>

1. No environmental impact assessment agent shall copy details of another environmental impact assessment report, etc. to make an environmental impact assessment, etc.;

2. No environmental impact assessment agent shall formulate a false or deliberately deficient document in preparing an environmental impact assessment report, etc. and basic data for such report, etc.;

3. A person shall retain environmental impact assessment reports, etc. and basic data for such reports, etc. for a period specified by Decree of the Ministry of Environment; provided, the foregoing shall not apply where environmental impact assessment reports, etc. are retained in the form of an electronic document in the information support system under Article 70 (3), as prescribed by Decree of the Ministry of Environment;

4. Where it is intended to sign an agency contract with an environmental impact assessment agent on the preparation of environmental impact assessment reports, etc., such agency contract shall be signed separately from the contracts on the formulation and implementation of a plan or a project subject to the relevant environmental impact assessment, etc.;

5. Where a person intends to conclude an agency contract with an environmental impact assessment agent on the preparation of environmental impact assessment reports, etc., no person shall request the environmental impact assessment agent to make an inaccurate report by fabricating basic data for preparing environmental impact assessment reports, etc. or the outcome of prediction and analysis of the environmental impact or by omitting important data affecting the assessment.

(6) The criteria for judgment on false or inadequate documentation prescribed in paragraph (5) 2 or 5 shall be prescribed by Decree of the Ministry of Environment. <Amended on Jan. 20, 2015; May 29, 2016>

Article 56(Obligations of environmental impact assessment agents) #

(1) An environmental impact assessment agent shall comply with the following rules: <Amended on Nov. 28, 2017; Oct. 22, 2024>

1. No environmental impact assessment agent shall copy details of another environmental impact assessment report, etc. to make an environmental impact assessment, etc.;

3. An environmental impact assessment agent shall retain environmental impact assessment reports, etc. and basic data for such reports, etc. for a period specified by Decree of the Ministry of Environment; provided, the foregoing shall not apply where environmental impact assessment reports, etc. are retained in the form of an electronic document in the information support system under Article 70 (3), as prescribed by Decree of the Ministry of Environment;

4. No environmental impact assessment agent shall lend his or her registration certificate or title to a third party;

5. No environmental impact assessment agent shall subcontract the environmental impact assessment, etc. that he or she is to conduct by proxy to a third party; provided, the foregoing shall not apply to the work of surveying and measuring the items subject to environmental impact assessment, etc. according to the requirements prescribed, and for the sectors specified, by Decree of the Ministry of Environment if the relevant work is to be subcontracted after obtaining approval from the person who has placed the order;

6. Every environmental impact assessment agent shall undergo precise inspections under Article 11 of the Environmental Testing and Inspection Act for measuring instruments, if he or she keeps environmental measuring instruments and uses such instruments for measuring air, water quality, soil, noise, vibration, etc. to apply the results of measurement to environmental impact assessment reports, etc. formulated by him or her;

7. An environmental impact assessment agent must not instruct a person who is not an environmental impact assessment engineer recognized pursuant to Article 62-3 (2) to prepare an environmental impact assessment report, etc.

(2) The detailed criteria for judgment on false or inadequate documentation under paragraph (1) 2 and necessary matters concerning the procedures for approval and the subcontract prescribed in the proviso of paragraph (1) 5 shall be prescribed by Decree of the Ministry of Environment. <Amended on Nov. 28, 2017>

Article 58(Revocation of registration) #

(1) In any of the following cases, the Minister of Environment may cancel the registration of an environmental impact assessment agent or order an environmental impact assessment agent to suspend business operations for a specified period not exceeding six months; provided, registration shall be cancelled in any case falling under subparagraphs 1 through 3 and 7: <Amended on Jan. 20, 2015>

1. Where an environmental impact assessment agent has been registered by fraud or other improper means;

2. Where an environmental impact assessment agent signs a new agency contract for environmental impact assessment during suspension of business operations;

3. Where an environmental impact assessment agent commits again any offense punishable by suspension of business operations after being punished by the suspension of business operations twice during the latest one year;

4. Where an environmental impact assessment agent fails to commence his or her environmental impact assessment agency business within two years after being registered or has no track record of business performance as an environmental impact assessment agent for at least two consecutive years;

4-2. Where an environmental impact assessment agent has undergone an evaluation of the capability to perform a project under Article 53 (2) by fraud or other wrongful means;

5. Where an environmental impact assessment agent fails to be equipped with the technical personnel, facilities, and equipment under Article 54 (1);

6. Where an environmental impact assessment agent changes any material fact without filing for the registration of the change, in violation of Article 54 (2);

7. Where an environmental impact assessment agent falls under any subparagraph of Article 55; provided, the foregoing shall not apply where the corporation that falls under subparagraph 5 of Article 55 appoints a replacement for such executive officer within six months;

8. Where an environmental impact assessment agent breaches an obligation under any subparagraph of Article 56 (1).

(2) The guidelines for the cancellation of registration of an environmental impact assessment business or for the issuance of an order to suspend business operations under paragraph (1) shall be prescribed by Decree of the Ministry of Environment, taking into consideration grounds for such dispositions, the degree of each violation, etc.

Article 62-3(Recognition of environmental impact assessment engineers) #

(1) A person who wishes to be recognized as an environmental impact assessment engineer shall file an application with the Minister of Environment, accompanied by a statement of facts necessary for management, including workplace, work experience, educational background, and qualification (hereinafter referred to as "work experience, etc."), as prescribed by Decree of the Ministry of Environment. The same procedure shall also apply where any of the facts specified by Decree of the Ministry of Environment in such application is changed.

(2) If the applicant prescribed in paragraph (1) falls under any subparagraphs of Article 62-2 (1), the Minister of Environment shall recognize such applicant as an environmental impact assessment engineer.

(3) If the Minister of Environment recognizes the applicant prescribed in paragraph (1) as an environmental impact assessment engineer pursuant to paragraph (2), he or she shall maintain and manage records of work experience, etc. of the environmental impact assessment engineer and shall issue a certificate of work experience, etc. (hereinafter referred to as "certificate of work experience as an environmental impact assessment engineer").

(4) If the Minister of Environment deems necessary for ascertaining facts stated in an application filed pursuant to paragraph (1), he or she may request the head of any related institution, such as the head of a central administrative agency, a local government, a school prescribed in Article 2 of the Elementary and Secondary Education Act or Article 2 of the Higher Education Act, a government authority implementing a project, or the institution or business to which the applying environmental impact assessment engineer belongs or belonged, to submit related materials. In such cases, the person shall comply with such request, except in extenuating circumstances.

(5) Matters necessary for filing an application for recognizing as an environmental impact assessment engineer prescribed in paragraph (1) and matters necessary for issuance, management, etc. of a certificate of work experience as an environmental impact assessment engineer prescribed in paragraph (3) shall be prescribed by Decree of the Ministry of Environment.

[This Article Added on May 29, 2016]

Article 62-4(Revocation of recognition of environmental impact assessment engineers) #

(1) In any of the following cases, the Minister of Environment may revoke recognition of an environmental impact assessment engineer or may suspend the recognition for a period not exceeding three years; provided, the recognition shall be revoked, in cases falling under subparagraphs 1 and 2:

1. If an environmental impact assessment engineer commits fraud or other misconduct to be recognized as an environmental impact assessment engineer;

2. If a person recognized as an environmental impact assessment engineer has his or her national technical qualification or qualification as an environmental impact assessor revoked under Article 16 of the National Technical Qualifications Act or Article 65 of this Act;

3. If a person recognized as an environmental impact assessment engineer has his or her national technical qualification or qualification as an environmental impact assessor suspended under Article 16 of the National Technical Qualifications Act or Article 65 of this Act;

4. If an environmental impact assessment engineer fails to undergo the educational and training courses specified in Article 62-2 (2), without justifiable grounds;

5. If an environmental impact assessment engineer lends his or her certificate of work experience as an environmental impact assessment engineer to other person or allows other person to conduct business activities as an environmental impact assessment engineer in his or her name;

6. If an environmental impact assessment engineer makes an environmental impact assessment report by copying the details of another environmental impact assessment report;

7. If an environmental impact assessment engineer, intentionally or by negligence, makes a false environmental impact assessment report or document or makes an inaccurate report by omitting important data affecting the assessment;

8. If any administrative agency makes a request to suspend business operations of an environmental impact assessment engineer under any statute or regulation.

(2) If an environmental impact assessment engineer falls under any subparagraph of paragraph (1), the person who placed an order for the service of preparing an environmental impact assessment report, etc., the head of the approving agency for the relevant project subject to environmental impact assessment, or the head of the consulting agency for environmental impact assessment, etc. shall notify the Minister of Environment of the fact; and if the Minister of Environment revokes or suspends the recognition of such environmental impact assessment engineer prescribed in paragraph (1), he or she may disclose relevant facts through the information support system prescribed in Article 70 (3).

(3) An environmental impact assessment engineer who has the recognition revoked or suspended under paragraph (1) shall return his or her certificate of work experience as an environmental impact assessment engineer to the Minister of Environment, without delay; and the Minister of Environment shall take necessary measures, such as revision or deletion of records of work experience, etc.

(4) Matters necessary for the criteria, etc. for suspending recognition prescribed in paragraph (1) shall be prescribed by Decree of the Ministry of Environment.

[This Article Added on May 29, 2016]

Article 74(Penalty provisions) #

(1) Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won: <Amended on Jul. 20, 2015; Jun. 29, 2016; Dec. 28, 2017; Oct. 22, 2024>

1. A project implementer who fails to conduct the follow-up survey of environmental impacts prescribed in Article 36 (1) (including cases applied mutatis mutandis pursuant to Article 52-3 (7) 1);

1-2. A project implementer who fails to undergo re-assessment prescribed in Article 41;

2. A project implementer who fails to comply with an order to suspend construction works or reinstate the site prescribed in Article 40 (2) or (4), which shall apply mutatis mutandis pursuant to Articles 49 (2) and 52-3 (7) 2;

3. A person who copies details of another environmental impact assessment report, etc. to make an environmental impact assessment report, etc., in violation of Article 53 (5) 1 or 56 (1) 1;

4. A person who prepares a false environmental impact assessment report, etc., in violation of Article 53 (5) 2 or 56 (1) 2;

4-2. A person who fails to retain environmental impact assessment reports, etc. and basic data for preparing such reports, etc., in violation of Article 53 (5) 3 or 56 (1) 3;

4-3. A person who requests a person to prepare an inaccurate report by fabricating environmental impact assessment reports, etc., basic data for preparing such reports, etc., or the outcomes of prediction and analysis of the environmental impact or by omitting important data affecting the assessment, in violation of Article 53 (5) 5;

5. A person who engages in business as an agent for environmental impact assessment without being registered under Article 54 (1);

6. A person who is registered under Article 54 (1) by fraud or other improper means;

7. A person who concludes any new agency contract for environmental impact assessment after his or her registration is cancelled for violation of Article 59 (3) or during a period for suspension of business operations.

(2) Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended on May 29, 2016; Nov. 28, 2017; Nov. 26, 2019; Oct. 22, 2024>

1. A person who commences construction works without completing environmental impact assessments, etc., in violation of Article 22 or 43;

2. A person who commences construction works without undergoing or before completing the procedures for consultation or re-consultation (Where grounds for re-consultation arise while construction work is partially underway, referring to before the procedures for re-consultation are completed), in violation of Article 34 (1) or 47 (1);

3. A person who refuses to submit data, or obstructs or evades, entry for inspection without good cause, in violation of Article 39 (2) (including cases to which the aforesaid provisions shall apply mutatis mutandis pursuant to Articles 49 (2) and 52-3 (7) 1 and 2);

3-2. A person who commences construction work without following the procedures for an expedited assessment or before completing the procedures, in violation of Articles 34 (1) and 47 (1), which are applied mutatis mutandis pursuant to Articles 52-3 (7) 1 and 52-3 (7) 2, respectively;

3-3. A person who commences construction work without following the procedures again for an environmental impact assessment under Articles 24 through 29 or a mini environmental impact assessment under Articles 44 and 45 or before completing the procedures, in violation of the latter part of Article 52-3 (8);

4. A person who lends his or her registration certificate or title to a third party, in violation of Article 56 (1) 4;

5. A person who subcontracts environmental impact assessment, etc. to a third party, in violation of Article 56 (1) 5;

5-2. A person who instructs a person who is not an environmental impact assessment engineer to prepare an environmental impact assessment report, etc., in violation of Article 56 (1) 7;

6. A person who refuses to submit data or to report or undergo an inspection without good cause, in violation of Article 60 (1);

6-2. A person who submits a false document regarding matters necessary for managing work experience, etc. as a document accompanying an application or an application for a revision filed under Article 62-3 (1);

7. A person who lends his or her qualification certificate to a third party or allows a third party to work as an environmental impact assessor under his or her name, in violation of Article 64 (2);

8. A person who divulges or misappropriates confidential information, in violation of Article 69.

Article 76(Administrative fines) #

(1) Any of the following persons shall be subject to an administrative fine not exceeding 50 million won: <Added on Nov. 28, 2017; Oct. 22, 2024>

1. A project implementer who fails to comply with an order to take a measure prescribed in Article 40 (1) (including cases applied mutatis mutandis pursuant to Article 52-3 (7) 1);

2. A project implementer who fails to comply with an order to take other necessary measures prescribed in Article 40 (4) (including cases applied mutatis mutandis pursuant to Article 52-3 (7) 1);

3. A project implementer who fails to comply with an order to take a measure prescribed in Article 41 (3).

(2) A person who commences construction works without undergoing or before completing the procedures for consultation on amendment, in violation of Article 34 (1) (Where grounds for consultation on amendment arise while construction work is partially underway, referring to before the procedures for consultation on amendment are completed) shall be subject to an administrative fine not exceeding 20 million won. <Amended on Nov. 26, 2019>

(3) Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: <Amended on Jan. 20, 2015; Nov. 28, 2017; Oct. 22, 2024>

1. A person who fails to conduct a part of a follow-up survey of environmental impacts, in violation of Article 36 (1) (including cases applied mutatis mutandis pursuant to Article 52-3 (7) 1);

2. A person who fails to give notice or to take necessary measures, in violation of Article 36 (2) (including cases applied mutatis mutandis pursuant to Article 52-3 (7) 1);

2-2. A person who fails to comply with an order to take necessary measures (excluding an order to suspend construction works or reinstate the site) prescribed in Article 40 (1) or (4), which shall apply mutatis mutandis under Articles 49 (2) and 52-3 (7) 2;

3. A person who prepares an inadequate environmental impact assessment report, etc., in violation of Article 53 (5) 2 or 56 (1) 2;

4. A project implementer who fails to conclude an agency contract for the formulation of environmental impact assessment reports, etc. separately from contracts on the formulation and implementation of a plan or a project subject to the relevant environmental impact assessment, etc., in violation of Article 53 (5) 4;

5. A person who uses the title "environmental impact assessor" or any similar title, in violation of Article 63 (4).

(4) Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended on Jan. 20, 2015; May 29, 2016; Nov. 28, 2017; Jun. 12, 2018; Nov. 26, 2019; Oct. 22, 2024>

1. A person who fails to record the progress of performance of agreed terms and conditions in the management record book or to keep the management record book at the project site, in violation of Article 35 (2) (including cases applied mutatis mutandis pursuant to Article 52-3 (7) 1);

2. A person who fails to designate a manager or give notice of designation, in violation of Article 35 (3) (including cases applied mutatis mutandis pursuant to Article 52-3 (7) 1);

3. A person who fails to give notice of the results of a follow-up survey of environmental impacts, in violation of Article 36 (1) (including cases applied mutatis mutandis pursuant to Article 52-3 (7) 1);

4. A person who fails to give notice of commencement, completion, or suspension of a project, in violation of Article 37 (1) (including cases applied mutatis mutandis pursuant to Article 52-3 (7) 1);

5. A person who fails to give notice of the matters specified by Decree of the Ministry of Environment, such as the progress of performance of agreed terms and conditions and the grounds for succession, in violation of Article 38 (2) (including cases applied mutatis mutandis pursuant to Article 52-3 (7) 1);

6. A person who commences construction works without undergoing or before completing the procedures for consultation on amendment, in violation of Article 47 (1) (where grounds for consultation on amendment arise while construction work is partially underway, referring to before the procedures for consultation on amendment are completed) ;

7. Deleted; <May 29, 2016>

8. A person who makes a change with respect to any material fact without registering such change, in violation of Article 54 (2);

8-2. A person who fails to report succession to rights and obligations, in violation of Article 56-2 (2);

9. A person who fails to report the track record of performance as an environmental impact assessment agent, in violation of Article 61 (1).

(5) Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Added on May 29, 2016; Nov. 28, 2017>

1. An environmental impact assessment engineer who fails to undergo the educational and training courses specified in Article 62-2 (2), without good cause;

2. An employer who refuses to bear expenses in accordance with Article 62-2 (3) or imposes a disadvantage on an environmental impact assessment engineer on the ground of expenses borne by the employer;

3. An environmental impact assessment engineer who fails to return his or her certificate of work experience as an environmental impact assessment engineer, in violation of Article 62-4 (3).

(6) Administrative fines prescribed in paragraphs (1) through (5) shall be imposed and collected by the Minister of Environment, as prescribed by Presidential Decree. <Amended on May 29, 2016; Nov. 28, 2017; Nov. 26, 2019>

ENVIRONMENTAL IMPACT ASSESSMENT ACT

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Responsibilities of the State and other entities) #

Article 4(Fundamental principles of environmental impact assessments) #

Article 5(Formulation of targets for environmental conservation) #

Article 6(Areas subject to environmental impact assessment) #

Article 7(Sectors subject to environmental impact assessments and items subject to assessment) #

Article 8(Environmental impact assessment council) #

Article 9(Plans subject to strategic environmental impact assessment) #

Article 10(Exclusion from strategic environmental impact assessment) #

Article 10-2(Procedures for determining plans subject to strategic environmental impact assessment) #

Article 11(Determination of items subject to assessment and scope of assessment) #

Article 11-2(Summary strategic environmental impact assessment) #

Article 12(Preparation of draft strategic environmental impact assessment reports) #

Article 13(Gathering consensus from residents) #

Article 14(Omission of procedures for gathering consensus from residents) #

Article 15(Further gathering consensus from residents) #

Article 15-2(Gathering of consensus on governmental plans) #

Article 16(Requests for consultations on strategic environmental impact assessment reports) #

Article 17(Review of strategic environmental impact assessment reports) #

Article 18(Period for notification of agreed terms and conditions) #

Article 19(Performance of agreed terms and conditions) #

Article 20(Re-consultation) #

Article 21(Consultations on amendment) #

Article 22(Projects subject to environmental impact assessment) #

Article 23(Exclusion from subject matters for environmental impact assessment) #

Article 24(Determination of items subject to assessment and scope of assessment) #

Article 25(Gathering consensus from residents) #

Article 26(Further gathering consensus from residents) #

Article 27(Preparation of environmental impact assessment reports, requests for consultation thereon) #

Article 28(Review of environmental impact assessment reports) #

Article 29(Period for notification of agreed terms and conditions) #

Article 30(Reflection of agreed terms and conditions) #

Article 31(Requests for adjustment) #

Article 32(Re-consultation) #

Article 33(Amendment to agreed terms and conditions) #

Article 34(Prohibition against premature implementation of projects) #

Article 35(Fulfillment of agreed terms and conditions) #

Article 36(Follow-up survey of environmental impacts) #

Article 37(Notification of commencement of projects) #

Article 38(Succession to obligations to fulfill agreed terms and conditions) #

Article 39(Management and supervision of agreed terms and conditions) #

Article 40(Orders to take measures) #

Article 40-2(Penalty surcharges) #

Article 41(Re-assessment) #

Article 42(Environmental impact assessment under ordinance of City/Do) #

Article 43(Subject matters for mini environmental impact assessment) #

Article 44(Preparation of mini environmental impact assessment reports, requests for consultations thereon) #

Article 45(Review of mini environmental impact assessment reports) #

Article 46(Reflection of agreed terms and conditions) #

Article 46-2(Consultations on amendment) #

Article 47(Prohibition against premature implementation of projects) #

Article 48(Notification of commencement of projects) #

Article 49(Management and supervision of performance of agreed terms and conditions) #

Article 50(Special provisions concerning integrated formulation of master development plans and project plans) #

Article 51(Special provisions concerning procedures for consultation on environmental impact assessment) #

Article 52(Preparation of evaluation reports upon completion of summary process) #

Article 52-2(Determination of projects subject to in-depth assessment and procedures therefor) #

Article 52-3(Determination of projects subject to expedited assessment and procedures therefor) #

Article 53(Conducting environmental impact assessment by proxy) #

Article 54(Registration of environmental impact assessment business) #

Article 55(Grounds for disqualifications) #

Article 56(Obligations of environmental impact assessment agents) #

Article 56-2(Succession to rights and obligations) #

Article 57(Permanent or temporary closure of business) #

Article 58(Revocation of registration) #

Article 59(Continuation of business operations by environmental impact assessment agents after cancellation of registration or suspension of business operations) #

Article 59-2(Transfer of effects of administrative dispositions) #

Article 60(Reporting and inspection) #

Article 61(Reporting on performance of environmental impact assessment agents) #

Article 62(Guidelines for calculation of expenses for engagement of environmental impact assessment agents) #

Article 62-2(Fostering of environmental impact assessment engineers) #

Article 62-3(Recognition of environmental impact assessment engineers) #

Article 62-4(Revocation of recognition of environmental impact assessment engineers) #

Article 63(Environmental impact assessors) #

Article 63-2(Qualifying examination for environmental impact assessors) #

Article 64(Obligations of environmental impact assessors) #

Article 65(Revocation of qualifications of environmental impact assessors) #

Article 66(Publication of environmental impact assessment reports) #