Article 63(Delegation of Authority) #
(1) The Minister of Environment shall delegate the following authority to Mayors/Do Governors pursuant to Article 87 (1) of the Act: <Amended on Jun. 30, 2009; Jan. 31, 2013; Feb. 5, 2014>
1. Extension of periods, or postponement of, motorcycle regular inspections under Article 62 (3) of the Act;
2. Issuance of orders for motorcycles to undergo regular inspections under Article 62 (4) of the Act;
3. Designation of designated maintenance business entities to perform affairs related to motorcycle regular inspections under Article 62-3 (1) of the Act;
4. Issuance of business suspension orders to designated maintenance business entities for motorcycle regular inspections and the revocation of designation under Article 62-4 (1) of the Act;
5. An improvement order under Article 70 of the Act;
6. Issuance of orders for suspension of operation of motor vehicles under Article 70-2 of the Act.
(2) The Minister of Environment shall delegate the following authority to the heads of river basin environmental offices (excluding the head of the Han River Basin Environmental Office, where any authority under subparagraphs 4-16 through 4-19 is delegated), the heads of regional environmental offices, or the head of the Metropolitan Air Quality Management Office pursuant to Article 87 (1) of the Act, based on respective jurisdictions: Provided, That the authority provided in subparagraphs 1 and 3 shall be delegated to the head of the Metropolitan Air Quality Management Office: <Amended on Dec. 31, 2008; Feb. 13, 2009; Jun. 30, 2009; Jan. 31, 2013; Feb. 5, 2014; Jul. 20, 2015; Jul. 26, 2016; Jan. 24, 2017; Jul. 16, 2019; Mar. 31, 2020; Jun. 29, 2021>
1. Installation of measuring networks and constant measurement of air pollution levels under Article 3 (1) of the Act (limited to those under the jurisdiction of the head of the Metropolitan Air Quality Management Office);
2. Determination, alteration, public notification, and inspection of measuring network installation plans under Article 4 (1) of the Act;
3. Expropriation or use of land, etc. under Article 5 (1) of the Act (limited to that related to the affairs delegated under subparagraph 1);
4. Receipt and evaluation of statements on implementation outcomes and the authority to entrust business affairs to specialized institutions under Article 19 (3) through (5) of the Act;
4-2. Receipt of permission for installation of emission facilities, permission for modification, a report on installation, and a report on modification under the proviso of Article 23 (1), and paragraph (2) and (3) of that Article, of the Act;
4-3. Restriction on the installation of emission facilities under Article 23 (8) of the Act;
4-4. Consultation with the heads of relevant administrative agencies under Article 24 (2) of the Act;
4-5. Receipt of a report on commencement of operation of emission facilities or prevention facilities under Article 30 (1) of the Act;
4-6. Allowing exceptions to prohibited activities under the proviso of Article 31 (1) 1 of the Act and the proviso of subparagraph 2 of that paragraph;
4-7. Issuance of orders to take measures and orders to suspend operation under Article 32 (5) and (6) of the Act;
4-8. Registration of agency business for managing measuring devices and registration of modification under Article 32-2 of the Act; revocation of registration of such agency business and issuance of orders to suspend business under Article 32-3 of the Act; and hearings referred to in subparagraph 1-2 of Article 85 of the Act;
4-9. Issuance of orders for improvement under Article 33 of the Act;
4-10. Issuance of orders to suspend operation and orders to take measures under Article 34 (1) and (2) of the Act;
4-11. Imposition, collection, adjustment, etc. of emission charges under Articles 35 and 35-3 of the Act;
4-12. Determination of collection deferment and installment payments of emission charges, a request for providing security, and revocation of the deferment of collection under Article 35-4 of the Act;
4-13. Revocation of permission for installing emission facilities or of permission for modification thereof, orders to close such facilities, orders to suspend operation, and hearings under Article 36 (1) and subparagraph 2 of Article 85 of the Act;
4-14. Imposition and collection of penalty surcharges under Article 37 (1) and (4) of the Act;
4-15. Issuance of orders to suspend the use of emission facilities and orders to close such facilities, and hearings under Article 38 and subparagraph 2 of Article 85 of the Act;
4-16. Receipt of reports on the installation and operation of fugitive emission facilities reports on modification under Article 38-2 (1) through (3) of the Act;
4-17. Issuance of orders to take measures under Article 38-2 (8) of the Act;
4-18. Issuance of orders to take measures or orders for withdrawal under Article 44-2 (3) of the Act;
4-19. Issuance of orders to suspend supply or sale under Article 44-2 (4) of the Act;
4-20. Approval for installation plans or approval for changes thereof under Article 58-11 (1) or (3) of the Act;
4-21. Receipt of the results of inspecting performance under the main clause of Article 60-2 (6) of the Act;
4-22. Inspections of motor vehicle fuels, additives, or catalysts under Article 74 (5) of the Act;
5. Regulation of the manufacture, sale, or use of motor vehicle fuels, additives, or catalysts under Article 74 (7) of the Act;
6. Issuance of orders to suspend manufacture or to withdraw products under Article 75 (1) of the Act;
6-2. Issuance of orders to suspend supply or sale under Article 75 (2) of the Act;
6-3. Authority concerning orders to report, requests for submission of data, access, collection, and inspection under Article 82 (1) of the Act (limited to where it is necessary to exercise the authority delegated to the heads of river basin environmental offices, the heads of regional environmental offices, or the head of the Metropolitan Air Quality Management Office);
7. Imposition and collection of administrative fines under Article 94 of the Act (limited to where it is necessary to exercise the authority delegated to the heads of river basin environmental offices, the heads of regional environmental offices, or the head of the Metropolitan Air Quality Management Office);
8. Determination of a period for improvement of measuring devices and extension of such period under Article 18;
9. Determination of a period for improvement of emission facilities and prevention facilities under Article 20;
10. Receipt of improvement plans and extension of a period for submission of such plans under Article 21;
11. Receipt and verification of a report on the performance of orders for improvement under Article 22;
12. Requests for submission of data to calculate basic charges under Article 29 and receipt of submitted data;
13. Adjustment of emission quantities within the permissible emission levels, requests for submission of data, and receipt of submitted data under Articles 30 and 31.
(3) The Minister of Environment shall delegate the following authority to the President of the National Institute of Environmental Research pursuant to Article 87 (1) of the Act: <Amended on Dec. 31, 2008; Feb. 13, 2009; Jun. 30, 2009; Mar. 26, 2010; Jan. 31, 2013; Feb. 5, 2014; May 31, 2016; Dec. 31, 2018; Mar. 31, 2020; Jun. 29, 2021>
1. Installation of measuring networks and constant measurement of air pollution levels under Article 3 (1) of the Act (limited to long-range transported air pollutants outside the jurisdiction of the head of the Metropolitan Air Quality Management Office);
2. Expropriation or use of land, etc. under Article 5 (1) of the Act (limited to that related to the affairs delegated under subparagraph 1);
3. Receipt of reports under Article 3 (2) of the Act;
3-2. Establishment and operation of an environmental satellite observation network and the collection and utilization of information under Article 3-2 of the Act;
3-3. Prediction and announcement of air pollution levels under Article 7-2 of the Act;
4. Certification, certification for modification, revocation of certification, and hearings thereon under Articles 48 (1) and (2), 55, and 85 of the Act: Provided, That certification, revocation of certification, and hearings on motor vehicles manufactured in the Republic of Korea shall be excluded;
5. Inspections and omission of inspections under Article 50 (1) and (2) of the Act;
6. Inspections for confirmation of defects and selection of motor vehicles subject to such inspections under Article 51 of the Act;
7. Receipt of reports filed under Article 53 (1) and (2) of the Act;
7-2. Certification, certification for modification, and revocation of certification of exhaust emission reduction devices, low-emission engines, or engine-idling control devices under Article 60 of the Act;
7-3. Inspections for verifying the reduction efficiency of exhaust emission reduction devices installed or replaced or low-emission engines converted or replaced under Article 60-3 (1) of the Act;
7-4. Occasional inspections of exhaust emission reduction devices or low-emission engines under Article 60-4 of the Act;
8. Inspections under Article 74 (2) of the Act;
8-2. Acceptance of a report on changes under Article 74 (11) of the Act;
9. Authority to designate an inspection agency under Article 74-2 of the Act and revoke designation, etc., of an inspection agency under Article 74-3 of the Act.