ENFORCEMENT DECREE OF NOISE AND VIBRATION CONTROL ACT

Article 1(Purposes) #

The purpose of this Decree is to provide for matters delegated by the Noise and Vibration Control Act and those necessary for the enforcement thereof. <Amended by Presidential Decree No. 22224, Jun. 28, 2010>

Article 1-2(Formulation, etc. of Comprehensive Plan) #

(1) If necessary to formulate a comprehensive plan for controlling noise and vibration (hereinafter referred to as “comprehensive plan”) under Article 2-3 (1) of the Noise and Vibration Control Act (hereinafter referred to as the “Act”), the Minister of Environment may request the heads of relevant central administrative agencies to provide data regarding the operational status of systems, policy directions, technical conditions, etc. related to noise and vibration.

(2) The heads of relevant central administrative agencies shall formulate their annual implementation plans (hereinafter referred to as “implementation plans”) under Article 2-3 (5) of the Act by not later than October 31 of each year and give notice of the details thereof to the Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, Do Governors, and the Special Self-Governing Province Governor (hereinafter referred to as “Mayors/Do Governors”).

(3) The Mayors/Do Governors shall formulate implementation plans for the relevant Special Metropolitan City, Metropolitan Cities, Special Self-Governing City, Dos, and Special Self-Governing Province (hereinafter referred to as “Cities/Dos”), based on the comprehensive plan and the implementation plans of the relevant central administrative agencies, by not later than December 31 of each year.

(4) The implementation plans of relevant central administrative agencies shall specify measures to control and reduce noise and vibration regarding the matters under their jurisdiction, and the implementation plans of Cities/Dos shall specify measures to control and reduce noise and vibration regarding the areas under their jurisdiction.

(5) If necessary to formulate implementation plans, the heads of relevant central administrative agencies and Mayors/Do Governors may hold public hearings, etc. to seek opinions from related experts, local residents, etc.

(6) The heads of relevant central administrative agencies and Mayors/Do Governors shall submit to the Minister of Environment the last year’s implementation results by not later than the end of February of each year and the next year’s implementation plans by not later than December 31 of each year, pursuant to Article 2-3 (6) of the Act.

(7) Where the heads of relevant central administrative agencies and Mayors/Do Governors have submitted the next year’s implementation plans to the Minister of Environment under paragraph (6), they shall publicly announce the details thereof through their agency home pages, etc.

[This Article Newly Inserted by Presidential Decree No. 24719, Sep. 9, 2013]

Article 2(Permission, etc. for Installation of Emission Facilities) #

(1) A person who report on the installation of emission facilities or obtain permission therefor pursuant to Article 8 (1) of the Act shall submit to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) a report on installation of emission facilities or an application for permission for installation of emission facilities, accompanied by the following documents: <Amended by Presidential Decree No. 22224, Jun. 28, 2010; Presidential Decree No. 24719, Sep. 9, 2013; Presidential Decree No. 25166, Feb. 11, 2014>

1. Installation specifications of such emission facilities and their layout plans (layout plans shall be required only in cases of applications for permission);

2. Installation specifications of preventive facilities and their drawings (in cases of reports, drawing is not required);

3. When he/she intends to be exempted from his/her liability to install preventive facilities since he/she falls under any subparagraph of Article 9 of the Act, authenticated documents to replace the documents described in subparagraph 2.

(2) "Areas prescribed by Presidential Decree, such as areas adjoining to schools or general hospitals" in the proviso to Article 8 (1) of the Act means the following areas: <Amended by Presidential Decree No. 22224, Jun. 28, 2010; Presidential Decree No. 23356, Dec. 8, 2011; Presidential Decree No. 27444, Aug. 11, 2016; Presidential Decree No. 28319, Sep. 19, 2017>

1. Areas within 50-meter in straight line from the boundary of a general hospital site referred to in Article 3 (2) 3 (e) of the Medical Service Act;

2. Areas within 50-meter in straight line from the boundary of a public library site defined in subparagraph 4 of Article 2 of the Libraries Act;

3. Areas within 50-meter in straight line from the boundary of a school site defined in Article 2 of the Elementary and Secondary Education Act and Article 2 of the Higher Education Act;

4. Areas within 50-meter in straight line from the boundary of a collective housing site defined in subparagraph 3 of Article 2 of the Housing Act;

5. Residential areas referred to in Article 36 (1) 1 (a) of the National Land Planning and Utilization Act or Class II district-unit planning zone (limited to dwelling zones) referred to in Article 51 (3) of the same Act;

Article 3(Control, etc. of Inter-Floor Noise) #

(1) The Minister of Environment may assign any of the following entities to conduct the measurement of inter-floor noise and the investigations into, consultation about, and mediation of cases of noise damage, pursuant to Article 21-2 (2) of the Act:

1. The Korea Environment Corporation established under the Korea Environment Corporation Act (hereinafter referred to as the “Korea Environment Corporation”);

2. An entity recognized by the Minister of Environment as an institution specialized in preventing damage from inter-floor noise and settling disputes over damage, in consultation with the Minister of Land, Infrastructure and Transport.

(2) Procedures, methods, and other details for conducting the measurement of inter-floor noise and the investigations into, consultation about, and mediation of cases of noise damage under paragraph (1) shall be publicly announced by the Minister of Environment in consultation with the Minister of Land, Infrastructure and Transport.

[This Article Newly Inserted by Presidential Decree No. 25166, Feb. 11, 2014]

Article 4(Permissible Standards for Noises Produced by Manufactured Cars) #

The permissible standard for noises produced by manufactured cars under Article 30 of the Act shall be determined in consideration of the emission characteristics of each kind of noise in the following subparagraphs and the permissible standard for each kind of noise shall be determined by Ordnance of the Ministry of Environment after considering the opinion of the head of the relevant central administrative agency:

1. Noise under acceleration;

2. Exhaust noise;

3. Car horn noise.

Article 5(Automobiles Exempted or Omitted from Authentication) #

(1) Automobiles which can be exempted from authentication pursuant to the proviso to Article 31 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 22224, Jun. 28, 2010; Presidential Decree No. 24451, Mar. 23, 2013>

1. Automobiles to be used for special public use of the State, such as military, fire-fighting, and escorting services;

2. Automobiles verified by the Minister of Foreign Affairs that a foreign diplomatic mission or a diplomat in Korea or a person who receives treatment equivalent thereto brings them into Korea for public use;

3. Automobiles which a member of any foreign forces stationed in Korea brings into Korea for public use;

4. Automobiles for exportation or automobiles which a person participating in an exposition or an event equivalent thereto uses for exhibition;

5. Automobiles which a traveler, etc. temporarily brings into Korea on the condition that they be taken out again;

6. Automobiles which a manufacturer or a research institute of automobiles uses for development, exhibition, etc.;

7. One automobile brought into Korea by a foreigner or a national who has lived in a foreign country for at least one year as household goods in transit.

(2) Automobiles which can be omitted from authentication pursuant to the proviso to Article 31 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 20680, Feb. 29, 2008; Presidential Decree No. 29972, Jul. 9, 2019>

1. Automobiles verified by the Minister of Culture, Sports and Tourism as having been brought into Korea to be used for national athletes or training;

2. Automobiles brought into Korea from overseas as a gratuitous gift to a public institution or a non-profit organization in Korea;

3. Automobiles which diplomats, foreign soldiers stationed in Korea, or their family bring into Korea for personal use;

4. Automobiles which a person who fails to obtain authentication under Article 31 (1) of the Act manufactures by purchasing motors and chassis of the same automobiles as those which have been authenticated;

5. Automobiles brought into Korea for ground operation of an aircraft;

6. Automobiles which can be omitted from authentication under an international convention, etc.;

Article 5-2(Criteria for Imposition of Penalty Surcharges) #

The amount of a penalty surcharge to be imposed pursuant to Article 31-4 (2) of the Act shall be calculated by multiplying the number of days during which operation is suspended on the basis of the criteria for administrative disposition under Article 49 of the Act by two hundred thousand won per day. In such cases, a month for which operation is suspended shall be deemed to consist of 30 days.

[This Article Newly Inserted by Presidential Decree No. 25166, Feb. 11, 2014]

Article 6(Kinds, etc. of Inspection according to Permissible Standards for Noises Produced by Manufactured Cars) #

(1) Under Article 33 (1) of the Act, the Minister of Environment shall conduct inspections set forth in the following subparagraphs:

1. Occasional inspection:

Inspections conducted to occasionally ascertain as to whether a car in progress of manufacture meets permissible standards for noises produced by manufactured cars, whenever necessary;

2. Regular inspection:

Inspections conducted to ascertain as to whether a car in progress of manufacture meets permissible standards for noises produced by manufactured cars, at stated periods, taking into account the number of cars to be manufactured by kind.

(2) Any person who is dissatisfied with the results of an inspection under paragraph (1) may apply for a reinspection as prescribed by Ordinance of the Ministry of Environment.

Article 7(Omission of Inspection on Permissible Standards for Noises Produced by Manufactured Cars) #

In cases where car manufacturers conduct inspections under Article 33 (2) of the Act, the Minister of Environment shall allow them to omit regular inspections under Article 6 (1) 2.

Article 8(Permissible Standards for Noises Produced by Running Cars) #

The permissible standards for noises produced by running cars under Article 35 of the Act shall be determined in consideration of the emission characteristics of each kind of noise produced by cars in the following subparagraphs, and the permissible standards for each kind of noise shall be determined by Ordinance of the Ministry of Environment after considering the opinion of the head of the relevant central administrative agency:

1. Exhaust noise;

2. Car horn noise.

Article 9(Limit, etc. of Aircraft Noise) #

(1) The limit of aircraft noise referred to in Article 39 (1) of the Act shall be 90 WECPNL (Weighted Equivalent Continuous Perceived Noise Level) in an area in the neighborhood of an airport, while 75 WECPNL in other areas.

(2) The distinction between the area in the neighborhood of an airport and other areas as prescribed by paragraph (1) shall be determined by Ordinance of the Ministry of Environment.

(3) Airports referred to in Article 39 (2) of the Act shall be the airports under subparagraph 4 of Article 2 of the Airport Noise Prevention and Areas Assistance Act. <Amended by Presidential Decree No. 22387, Sep. 2010>

Article 9(Limit, etc. of Aircraft Noise) #

(1) The limit of aircraft noise referred to in Article 39 (1) of the Act shall be 75 Lden㏈(A) (Day-evening-night equivalent level) in an area in the neighborhood of an airport, while 61 Lden㏈(A) in other areas. <Amended by Presidential Decree No. 28319, Sep. 19, 2017>

(2) The distinction between the area in the neighborhood of an airport and other areas as prescribed by paragraph (1) shall be determined by Ordinance of the Ministry of Environment.

(3) Airports referred to in Article 39 (2) of the Act shall be the airports under subparagraph 4 of Article 2 of the Airport Noise Prevention and Areas Assistance Act. <Amended by Presidential Decree No. 22387, Sep. 2010>

<<Enforcement Date : Jan. 1, 2023>> Article 9 (1)

Article 9-2(Objects to be Exempted from Noise Level Inspections) #

"Noise generating construction machinery, etc. prescribed by Presidential Decree, such as the construction machinery to which authentication of environment mark prescribed in Article 17 of the Environmental Technology and Industry Support Act is granted " in the proviso to Article 44 (1) of the Act means the following construction machinery: <Amended by Presidential Decree No. 23267, Oct. 28, 2011>

1. Low noise construction machinery to which authentication of environment mark is granted under Article 17 of the Environmental Technology and Industry Support Act;

2. Low noise construction machinery to which low-noise related authentication is granted from a foreign country, which the Minister of Environment publicly announced to be equivalent or superior to that prescribed in subparagraph 1.

[This Article Newly Inserted by Presidential Decree No. 22224, Jun. 28, 2010]

Article 10(Standards for Designating Noise Level Inspection Institutions) #

Any entity to seeks to be designated as a noise level inspection institution under Article 45 (1) of the Act shall satisfy all of the following requirements: <Amended by Presidential Decree No. 21253, Jan. 6, 2009; Presidential Decree No. 24407, Mar. 18, 2013; Presidential Decree No. 30248, Dec. 17, 2019>

1. Requirements for technical experts, facilities, and equipment under annexed Table 1;

2. Entity that falls under any of the following:

(a) Entity accredited as a testing and inspection institute in the field related to noise and vibration under Article 23 of the Framework Act on National Standards and Article 16 (2) of the Enforcement Decree of the same Act;

(b) Entity entrusted to conduct the confirmation inspection of construction machinery by the Minister of Land, Infrastructure and Transport under Article 38 (2) of the Construction Machinery Management Act and the main sentence of Article 18-3 (2) 1 of the Enforcement Decree of the same Act.

Article 11(Cooperation of Related Agencies) #

"Matters prescribed by Presidential Decree" in subparagraph 4 of Article 48 of the Act means the following matters: <Amended by Presidential Decree No. 22224, Jun. 28, 2010; Presidential Decree No. 27806, Jan. 26, 2017>

1. Improvement of road systems and maintenance of roads;

2. Matters necessary for reducing noise, such as improvement of traffic signal systems;

3. Adjustment of noise and vibration standards related to the type approval and quality certification under related Acts and subordinate statutes, such as the Electrical Appliances and Consumer Products Safety Control Act;

4. Submission of materials necessary for drawing up of a noise map pursuant to Article 4-2 (1) of the Act.

Article 12(Delegation of Authority) #

(1) The Minister of Environment shall delegate the following authority to the president of the National Institute of Environmental Research, in accordance with Article 54 (1) of the Act: <Amended by Presidential Decree No. 30248, Dec. 17, 2019>

1. The following authority concerning imported automobiles:

(a) Granting authentication for and authentication for alteration of manufactured cars under Article 31 (1) and (2) of the Act;

(b) Receiving reports on succession to rights and duties under Article 32 (2) of the Act;

(c) Revoking authentication under Article 34 (1) and (2) of the Act;

(d) Issuing car manufacturers orders to report and conducting inspections under Article 47 (1) 4 of the Act;

(e) Holding hearings under subparagraph 3 of Article 51 of the Act;

(f) Imposing and collecting administrative fines under Article 60 (3) 9 and 10 of the Act;

2. Authentication of alteration under Article 31 (2) of the Act (limited to automobiles manufactured in Korea);

3. Inspection of the noises of manufactured cars and the omission of such inspection under Article 33 (1) and (2) of the Act;

4. Inspection of noise levels and exemption from such inspection under Article 44 (1) of the Act;

5. Designation of noise level inspection institutions, revocation of designation, and suspension of the part or whole of inspection affairs under Article 45 (1) and (5) of the Act;

6. Hearing under subparagraph 5 of Article 51 of the Act.

(2) The Minister of Environment shall delegate the following authority to the head of a basin environmental office or the head of a regional environmental office, in accordance with Article 54 (1) of the Act: <Amended by Presidential Decree No. 21253, Jan. 6, 2009>

1. Deleted; <by Presidential Decree No. 21323, Feb. 13, 2009>

2. Issuing orders to report, submit data, or conduct inspections under Article 47 (1) of the Act: Provided, That cases falling under Article 47 (1) 4 of the Act shall be excluded;

3. Granting approval for areas exempted from reports on installation of emission facilities or permission therefor under Article 2 (4) 4.

Article 13(Reporting) #

(1) When the head of a basin environmental office, the head of a regional environmental office, or the president of the National Institute of Environmental Research conducts business delegated under Article 12, he/she shall report it to the Minister of Environment, as determined by Ordinance of the Ministry of Environment.

(2) When the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu issues an order to suspend operation, or revokes permission under Articles 16 and 17 of the Act, he/she shall promptly report such fact to the Minister of Environment, the head of the relevant central administrative agency, and the Mayor/Do Governor. <Amended by Presidential Decree No. 22224, Jun. 28, 2010; Presidential Decree No. 25166, Feb. 11, 2014>

Article 14(Entrustment of Business Affairs, etc.) #

(1) The Minister of Environment shall entrust the following business affairs to the Korea Environment Corporation, in accordance with Article 54 (2) of the Act. <Newly Inserted by Presidential Decree No. 21323, Feb. 13, 2009; Presidential Decree No. 21904, Dec. 24, 2009; Presidential Decree No. 22224, Jun. 28, 2010; Presidential Decree No. 25166, Feb. 11, 2014; Presidential Decree No. 30248, Dec. 17, 2019>

1. Installation of measuring networks of noise and vibration and making regular measurements thereof under Article 3 (1) of the Act;

2. Omission of authentication under the proviso to Article 31 (1) of the Act;

3. Receipt of reports on the results of measuring the noise level of automobile tires under the main sentence of Article 34-2 (2) of the Act.

(2) Under Article 54 (2) of the Act, the Minister of Environment shall entrust business affairs concerning the training of environment engineers prescribed in Article 46 of the Act to the president of the Korea Environmental Preservation Association set forth in Article 59 of the Framework Act on Environmental Policy. <Amended by Presidential Decree No. 22224, Jun. 28, 2010; Presidential Decree No. 23967, Jul. 20, 2012>

(3) When the chairman of the Korea Environment Corporation or the president of the Korea Environmental Preservation Association has performed the entrusted affairs pursuant to paragraph (1) or (2), he/she shall report thereon to the Minister of Environment or Mayor/Do Governor, as determined by Ordinance of the Ministry of Environment. <Newly Inserted by Presidential Decree No. 22224, Jun. 28, 2010>

Article 14-2(Reviews of Regulation) #

The Minister of Environment shall review the appropriateness of the following matters and then take measures for reform, etc. thereof, every three years beginning on the following base dates (no later than the base date of a year every three years pass):

1. For permission, etc. for installation of emission facilities under Article 2: January 1, 2014;

2. For standards for designation of noise level inspection institutions under Article 10 and attached Table 1: January 1, 2014.

[This Article Newly Inserted by Presidential Decree No. 25050, Dec. 30, 2013]

Article 15(Standards for Imposition of Administrative Fines) #

The standards for the imposition of administrative fines under Article 60 (1) through (3) of the Act shall be as indicated in attached Table 2. <Amended by Presidential Decree No. 22224, Jun. 28, 2010; Presidential Decree No. 30248, Dec. 17, 2019>

[This Article Wholly Amended by Presidential Decree No. 21253, Jan. 6, 2009]