Article 1(Purpose) #
The purpose of this Decree is to prescribe matters delegated by the Indoor Air Quality Control Act and matters necessary for enforcing said Act. <Amended on Dec. 28, 2007; Dec. 20, 2016>
Article 2(Scope of Application) #
(1) "Public-use facilities of the scale prescribed by Presidential Decree" in the provisions, with the exception of the subparagraphs, of Article 3 (1) of the Indoor Air Quality Control Act (hereinafter referred to as the "Act") means the following facilities; and in such cases, the total floor area of a facility consisting of at least two buildings shall be calculated by aggregating the total floor area of each individual building: <Amended on Dec. 20, 2016; Mar. 31, 2020>
1. Every subway station (including passages for entrance, waiting rooms, station platforms and passages for transfer, and facilities appurtenant thereto);
2. An underground shopping district (including the facilities of underground floors appurtenant to a building on the ground; hereinafter the same shall apply) with a total floor area of at least 2,000 square meters. In such cases, such underground shopping district includes at least two connected underground shopping districts if the aggregate of the total floor area of each individual underground shopping district is at least 2,000 square meters;
3. A waiting room in a railway station with a total floor area of at least 2,000 square meters;
4. A waiting room in a passenger terminal with a total floor area of at least 2,000 square meters;
5. A waiting room with a total floor area of at least 5,000 square meters, among harbor facilities;
6. A passenger terminal with a total floor area of at least 1,500 square meters, among airport facilities;
7. A library with a total floor area of at least 3,000 square meters;
8. A museum or art gallery with a total floor area of at least 3,000 square meters;
9. A medical institution with a total floor area of at least 2,000 square meters or which has at least 100 beds;
10. A postnatal care center with a total floor area of at least 500 square meters;
11. A sanatorium for senior citizens with a total floor area of at least 1,000 square meters;
12. A child-care center with a total floor area of at least 430 square meters;
12-2. An indoor children's play facility with a total floor area of at least 430 square meters;
13. Every superstore;
14. A funeral home (limited to underground facilities) with a total floor area of at least 1,000 square meters;
15. Every movie theater (limited to indoor movie theaters);
16. A private teaching institute with a total floor area of at least 1,000 square meters;
17. An exhibition facility (limited to indoor exhibition facilities) with a total floor area of at least 2,000 square meters;
18. A business facility for the business providing Internet computer game facilities with a total floor area of at least 300 square meters;
19. An indoor parking lot (excluding mechanical parking stations) with a total floor area of at least 2,000 square meters;
20. A business facility, the total floor area of which is 3,000 square meters or more;
21. A building with a total floor area of at least 2,000 square meters, used for at least two of the uses (referring to the uses classified pursuant to Article 2 (2) of the Building Act);
22. An indoor concert hall with at least 1,000 seats;
23. An indoor sports facility with at least 1,000 seats;
24. A business facility for the public bath business with a total floor area of at least 1,000 square meters.
(2) Deleted. <Dec. 20, 2016>
(3) "Scale prescribed by Presidential Decree" in the provisions, with the exception of the subparagraphs, of Article 3 (2) of the Act means 100 households. <Amended on May 25, 2021>
(4) "Motor vehicles prescribed by Presidential Decree" in Article 3 (3) 3 of the Act means intercity express buses and nonstop intercity buses, among motor vehicles used for the intercity bus transport business provided for in subparagraph 1 (d) of Article 3 of the Enforcement Decree of thePassenger Transport Service Act. <Newly Inserted on Mar. 18, 2014>
Article 2-2(Formulation of Implementation Plans) #
(1) The head of a related central administrative agency shall formulate a detailed plan (hereinafter referred to as "implementation plan") by jurisdiction for implementing the master plan provided for in Article 4-3 (1) of the Act (hereinafter referred to as "master plan"); and shall notify Special Metropolitan City Mayors, Metropolitan City Mayors, Special Self-Governing City Mayors, Do Governors, or Special Self-Governing Province Governors (hereinafter referred to as "Mayors/Do Governors") of the details of the plan, by October 31 each year. <Amended on Dec. 20, 2016>
(2) A Mayor/Do Governor shall formulate an implementation plan for the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province (hereinafter referred to as "City/Do") pursuant to the relevant master plan and implementation plans of related central administrative agencies, by December 31 each year.
(3) An implementation plan of a related central administrative agency shall expressly specify schemes for controlling indoor air quality and improvement measures, regarding matters under its jurisdiction; and an implementation plan of a City/Do shall expressly specify schemes for controlling indoor air quality and improvement measures for the relevant region.
(4) Where necessary to formulate an implementation plan, the head of a related central administrative agency and a Mayor/Do Governor may hold a public hearing, etc. to hear opinions of relevant experts, local residents, etc.
(5) The head of a related central administrative agency and a Mayor/Do Governor shall submit to the Minister of Environment, an implementation plan for the following year by December 31 each year; and outcomes of implementing an implementation plan in the preceding year by the end of February each year. <Amended on Dec. 20, 2016>
[This Article Newly Inserted on Mar. 18, 2014]
Article 3(Institutions subject to Requests for Submission of Data) #
"Institutions or organizations prescribed by Presidential Decree" in the former part of Article 4-5 (3) of the Act means non-profit corporations or organizations related to the environment incorporated or established under the Civil Act or any other statute.
[This Article Wholly Amended on Dec. 20, 2016]
Article 4(Substances subject to Risk Assessments) #
"Substances prescribed by Presidential Decree, such as fine dust" in Article 4-8 (1) of the Act means the following:
1. Pollutants;
2. Substances publicly notified by the Minister of Environment, for which a risk assessment is deemed necessary because they are likely to substantially harm human health.
[This Article Newly Inserted on Dec. 20, 2016]
[Previous Article 4 moved to Article 16 <Dec. 20, 2016>]
Article 4-2(Composition and Operation of Consultative Body on Control of Indoor Air Quality) #
(1) The Consultative Body on Control of Indoor Air Quality established pursuant to Article 4-9 (1) of the Act (hereinafter referred to as the "Consultative Body on Control of Indoor Air Quality") shall be comprised of not more than 15 members, including one chairperson.
(2) A public official in general service of the Senior Executive Service and responsible for affairs on indoor air quality in the Ministry of Environment, shall serve as the Chairperson of the Consultative Body on Control of Indoor Air Quality; and each member of the Consultative Body shall be appointed by the head of the agency to which he or she belongs, from among public officials of Grade IV or higher (including public officials in special service equivalent thereto) who belong to any of the following related central administrative agencies:
1. The Ministry of Education;
2. The Ministry of Trade, Industry and Energy;
3. The Ministry of Employment and Labor;
4. The Ministry of Land, Infrastructure and Transport;
5. The Nuclear Safety and Security Commission;
6. The Korea Forest Service.
7. Any other related central administrative agencies the Minister of Environment deems necessary to consult on and coordinate matters concerning the standards and policies for controlling indoor air quality.
(3) The Chairperson shall convene a meeting of the Consultative Body on Control of Indoor Air Quality where deemed necessary to consult on and coordinate matters concerning the standards and policies for controlling indoor air quality pursuant to Article 4-9 (1) of the Act.
(4) To convene a meeting of the Consultative Body on Control of Indoor Air Quality pursuant to paragraph (3), the Chairperson shall notify the related central administrative agencies specified in any subparagraphs of paragraph (2) of the time, venue, and agenda items of the meeting, seven days before the meeting is held.
(5) The Chairperson shall notify the related central administrative agencies specified in any subparagraphs of paragraph (2) of matters consulted on and coordinated at a meeting of the Consultative Body on Control of Indoor Air Quality.
(6) Except as provided in paragraphs (1) through (5), matters necessary for composing and operating the Consultative Body on Control of Indoor Air Quality shall be determined by the Minister of Environment.
Article 4-3(Application of Stringent Standards for Maintaining Air Quality) #
(1) "Facilities prescribed by Presidential Decree" in the latter part of Article 5 (2) of the Act means any of the following facilities:
1. Medical institutions;
2. Postnatal care centers;
3. Sanatoriums for senior citizens.
4. Child care centers;
5. Indoor children's play facilities.
(2) "Pollutants prescribed by Presidential Decree, such as fine dust" in the latter part of Article 5 (2) of the Act means any of the following substances:
1. Fine dust (PM-10);
2. Ultrafine dust (PM-2.5);
3. Formaldehyde.
[This Article Newly Inserted on Mar. 31, 2020]
Article 5(Exemption from Education for Owners of Public-Use Facilities) #
"Persons prescribed by Presidential Decree" in Article 7 (1) 3 of the Act means persons responsible for managing public-use facilities, such as the owners, occupants, or managers (hereinafter referred to as "owners, etc.") of any of the following public-use facilities:
1. The owners, etc. of public-use facilities referred to in Article 2 (1) 20 through 23;
2. The owners, etc. of public-use facilities recognized by the Minister of Environment for outstandingly controlling indoor air quality within such facilities to meet both the mandatory standards for indoor air quality provided for in Article 5 (1) of the Act and the guidelines provided for in Article 6 of the Act because no improvement order has been issued to the owners, etc. under Article 10 of the Act; and they meet other criteria prescribed and publicly notified by the Minister of Environment.
[This Article Newly Inserted on Dec. 20, 2016]
Article 6(Verification of Whether Construction Materials Emit Pollutants) #
(1) Where a manufacturer or importer of any construction material specified in any subparagraph of Article 11 (1) of the Act (hereinafter referred to as "construction material") intends to obtain verification as to whether the construction material emits any pollutants under the main clause of Article 11 (2) of the Act, he or she shall file an application for verification with a testing institution specified in Article 11-2 of the Act (hereinafter referred to as "testing institution"), as prescribed by Ordinance of the Ministry of Environment. <Amended on Oct. 16, 2018>
(2) Upon receipt of an application for verification under paragraph (1), a testing institution shall verify whether any pollutant emitted by the relevant construction material exceeds the emission standards provided for in the main clause of Article 11 (1) of the Act (hereinafter referred to as "emission standards"), in compliance with the official test standards for environmental pollution for pollutants referred to in Article 6 (1) 3 of the Environmental Testing and Inspection Act.
(3) Upon completion of verification as to whether any pollutant exceeds the emission standards under paragraph (2), a testing institution shall issue the relevant applicant a test certificate in the Form prescribed by Ordinance of the Ministry of Environment, within 30 days after receipt of the application for verification; and shall submit the results of verification to the Minister of Environment, within seven days from the date the test certificate is issued.
(4) Where a testing institution is unable to issue a test certificate within 30 days due to extenuating circumstances, it may extend the period for issuance only once for a period not exceeding 30 days, notwithstanding paragraph (3). In such cases, the testing institution shall notify the applicant of the reason for the extension and the scheduled processing deadline without delay.
(5) Where an applicant is dissatisfied with the results of verification under paragraph (2), he or she may file an application for re-verification with a testing institution within seven days from the date a test certificate is issued, as prescribed by Ordinance of the Ministry of Environment. In such cases, paragraphs (3) and (4) shall apply mutatis mutandis to the issuance of test certificates based on re-verification.
(6) A test certificate issued under paragraph (3) (including where such provisions are applied mutatis mutandis pursuant to paragraph (5)) shall be valid for three years from the date it is issued.
(7) Except as provided in paragraphs (1) through (6), matters necessary for the procedures and method for verifying whether construction materials emit any pollutants shall be prescribed and publicly notified by the Minister of Environment.
Article 7(Exceptions to Verification of Whether Construction Materials Emit Pollutants) #
"Cases prescribed by Presidential Decree, such as where he or she has obtained verification equivalent to that specified in this Act under other statutes and regulations" in the proviso of Article 11 (2) of the Act means any of the following: <Amended on Oct. 16, 2018>
1. Where the relevant construction material has any of the following certifications:
(a) Certification of the eco-label provided for in Article 17 (1) of the Environmental Technology and Industry Support Act;
(b) Certification of collective standards provided for in Article 27 of the Industrial Standardization Act (limited to certification for eco-friendly construction materials);
2. Where the relevant construction material has been verified, as prescribed by Ordinance of the Ministry of Environment, by a testing institution as having the same chemical components, manufacturing process, etc. as the construction materials verified as not exceeding the emission standards under the main clause of Article 11 (2) of the Act, as prescribed by Ordinance of the Ministry of Environment.
[This Article Newly Inserted on Dec. 20, 2016]
Article 7-2(Revocation of Verification of Whether Construction Materials Emit Pollutants) #
(1) Where ordering a testing institution to revoke its verification under Article 11 (3) of the Act, the Minister of Environment shall give notice of an order of revocation including the product name, the date of gathering and examining pollutants, the inspection agency, and examination results, within seven days from the date the relevant construction material is found to emit pollutants in excess of the emission standards as a result of gathering and examining pollutants pursuant to Article 13 (4) of the Act, as prescribed by Ordinance of the Ministry of Environment.
(2) Upon receipt of an order of revocation of verification under paragraph (1), the testing institution shall revoke the verification pursuant to the main clause of Article 11 (2) of the Act within seven days from the date of receipt of the order, as prescribed by Ordinance of the Ministry of Environment.
[This Article Newly Inserted on Oct. 16, 2018]
Article 7-3(Recall of Construction Materials Emitting Pollutants) #
(1) Where issuing an order to recall construction materials or take other necessary measures under Article 11 (4) of the Act, the Minister of Environment shall do so within a period specified in each of the following subparagraphs: <Amended on May 25, 2021>
1. Where verification is revoked under Article 11 (3) of the Act: Within seven days from the date the verification is revoked;
2. Where a mark is affixed in violation of Article 11-6 (1) of the Act: Within seven days from the date the violation is discovered.
(2) A person who has been ordered to recall construction materials pursuant to paragraph (1) shall recall all the construction materials within 30 days from the date of receipt of the order, and submit the result to the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment.
[This Article Newly Inserted on Oct. 16, 2018]
Article 7-4(Publication of Construction Materials Emitting Pollutants) #
The Minister of Environment may post the particulars listed in the following subparagraphs on the website or publish them in the Official Gazette pursuant to Article 11 (4) of the Act: Provided, That where the construction materials are widely distributed and used and it is deemed that an urgent need exists to protect public health, the Minister of Environment may make them public through a general daily newspaper with nationwide circulation under the Act on the Promotion of Newspapers or through broadcasting, etc.: <Amended on May 25, 2021>
1. A title indicative of a measure such as a recall;
2. The name of construction materials and the trade name of the manufacturer or importer;
3. Grounds for the recall of construction materials or other measures;
4. The results and date of gathering and examining pollutants (limited to the cases of gathering and examining pollutants under Article 13 (4) of the Act);
5. Information on manufacture and import of construction materials necessary for the recall thereof or other measures, such as the date of verification pursuant to Article 11 (2) of the Act and the time of supply with a mark attached.
[This Article Newly Inserted on Oct. 16, 2018]
Article 8 #
Deleted. <Oct. 16, 2018>
Article 9(Reporting on Radon Management Plans) #
(1) Upon formulating a radon management plan pursuant to Article 11-9 (1) of the Act, a Mayor/Do Governor shall report to the Minister of Environment on the details thereof, within 30 days from the date it is formulated, pursuant to Article 11-9 (3) of the Act. <Amended on Oct. 16, 2018>
(2) A Mayor/Do Governor shall report to the Minister of Environment on the outcomes of implementing the radon management plan formulated under paragraph (1) in the preceding year, by the end of February each year.
[This Article Newly Inserted on Dec. 20, 2016]
Article 10(Exemption from Measurement, etc. of Indoor Air Quality) #
"Persons prescribed by Presidential Decree" in Article 12 (1) 3 of the Act means any of the following persons: <Amended on Oct. 16, 2018; Mar. 31, 2020; May 25, 2021>
1. The owners, etc. of public-use facilities who have undergone a fact-finding survey conducted by the Minister of Environment pursuant to Article 4-5 (1) of the Act (limited to cases including the measurement of indoor air quality). In such cases, the measurement, recording, and preservation of indoor air quality (hereafter in this Article, referred to as "measurement, etc.") under the main clause, with the exception of the subparagraphs, of Article 12 (1) of the Act shall be exempted only for the year in which the fact-finding survey has been conducted, and the measurement, etc. for the following year shall be exempted if such measurement, etc. have already been conducted in the relevant year;
2. The owners, etc. of public-use facilities who have undergone an examination of pollution levels pursuant to Article 13 (6) of the Act, for any pollutants gathered pursuant to Article 13 (1) of the Act. In such cases, the measurement, etc. shall be exempted only for the year in which the examination of pollution levels has been conducted, and the measurement, etc. for the following year shall be exempted if such measurement, etc. have already been conducted in the relevant year;
3. Persons provided for in subparagraph 1 or 2 of Article 5.
[This Article Newly Inserted on Dec. 20, 2016]
Article 11(Designation of Indoor Environmental Management Centers) #
(1) To designate an Indoor Environmental Management Center (hereinafter referred to as "Center") pursuant to Article 12-3 (1) of the Act, the Minister of Environment shall formulate a plan to designate an Indoor Environmental Management Center and publicly announce it on the website of the Ministry of Environment for at least 20 days.
(2) A person that intends to be designated as a Center shall file an application for designation with the Minister of Environment, within the period for application publicly announced pursuant to paragraph (1), as prescribed by Ordinance of the Ministry of Environment.
(3) "Requirements prescribed by Presidential Decree" in the provisions, with the exception of the subparagraphs, of Article 12-3 (1) of the Act means the following:
1. The business objectives and plan must suit the objectives of designation provided for in Article 12-3 (1) of the Act (hereinafter referred to as "objectives of designation");
2. The applicant shall have human resources, an organization, facilities, equipment, etc. necessary for conducting surveys, research, and technological development to accomplish the objectives of designation;
3. The applicant must be capable of securing finances to operate a Center seamlessly;
4. The applicant must have conducted research or surveys in the field of indoor environments.
(4) Detailed standards for the requirements specified in each subparagraph of paragraph (3) shall be prescribed and publicly notified by the Minister of Environment.
(5) Upon receipt of an application for designation of a Center under paragraph (2), the Minister of Environment may organize an examination team consisting of experts, etc. in the field of indoor environments to examine whether the applicant satisfies the requirements specified in each subparagraph of paragraph (3).
(6) Upon designating a Center pursuant to Article 12-3 (1) of the Act, the Minister of Environment shall publicly announce such designation on the website of the Ministry of Environment.
(7) Except as provided in paragraphs (1) through (6), matters necessary for the designation, operation, etc. of Centers shall be prescribed by Ordinance of the Ministry of Environment.
[This Article Newly Inserted on Dec. 20, 2016]
Article 12(Revocation of Designation of Indoor Environmental Management Centers) #
"Where it constitutes any other grounds prescribed by Presidential Decree" in Article 12-3 (3) 4 of the Act means any of the following:
1. Where the relevant Center fails to perform the assigned duties for at least six consecutive months without just cause;
2. Where the objectives of designation have been accomplished, or it is deemed unnecessary for the relevant Center to remain.
[This Article Newly Inserted on Dec. 20, 2016]
Article 13(Delegation of Authority) #
(1) The Minister of Environment shall delegate the following authority to the head of a basin environmental office or the head of a regional environment office pursuant to Article 13-3 (1) of the Act: <Amended on Oct. 16, 2018; Mar. 31, 2020; Mar. 5, 2024>
1. Issuing an order to revoke verification pursuant to Article 11 (3) of the Act;
2. Issuing an order for a measure such as a recall pursuant to Article 11 (4) of the Act;
3. Designating a testing institution pursuant to Article 11-2 (1) of the Act;
4. Revoking designation of a testing institution or issuing an order suspending its business pursuant to Article 11-4 (1) of the Act;
5. Issuing an order to submit necessary reports or data, to gather pollutants, or to inspect related documents, facilities, and equipment pursuant to Article 13 (4) of the Act;
6. Imposing and collecting administrative fines pursuant to Article 16 (1) or Article 16 (3) 6, 7-2, 7-3, 9, or 10 of the Act (imposing and collecting administrative fines pursuant to Article 16 (3) 9 or 10 of the Act shall be limited to the cases of violating Article 13 (4) of the Act);
7. Receiving results of verification pursuant to Article 6 (3) (including where such provisions are applied mutatis mutandis pursuant to Article 6 (5)).
(2) The Minister of Environment shall delegate the following authority to the President of the National Institute of Environmental Research pursuant to Article 13-3 (1) of the Act: <Amended on Oct. 16, 2018>
1. Conducting risk assessments pursuant to Article 4-8 (1) of the Act;
2. Evaluating the capability of testing institutions to conduct verification testing pursuant to Article 11-5 (2) of the Act.
[This Article Newly Inserted on Dec. 20, 2016]
Article 14(Entrustment of Duties) #
(1) The Minister of Environment shall entrust the following duties to the Korea Environment Corporation incorporated under the Korea Environment Corporation Act, pursuant to Article 13-3 (2) of the Act: <Amended on Oct. 16, 2018; May 25, 2021>
1. Establishing a measuring network and making measurements pursuant to Article 4-6 (1) of the Act;
1-2. Providing technical and administrative support necessary for establishing a measuring network under Article 4-6 (3) of the Act;
1-3. Providing technical and administrative support necessary for the installation, operation, and management of measuring devices under Article 4-7 (4) of the Act;
1-4. Providing technical and administrative support necessary for implementing the measures to improve air quality in subway stations under Article 9-5 (2) of the Act;
2. Providing technical and administrative support necessary for each City/Do to implement its radon management plan pursuant to Article 11-9 of the Act;
3. Constructing and operating the Indoor Air Quality Monitoring Network to control indoor air quality pursuant to Article 12-4 of the Act.
(2) Pursuant to Article 13-3 (2) of the Act, the Minister of Environment may entrust duties concerning the conduct of fact-finding surveys on indoor air quality control under Article 4-5 (1) of the Act to an Indoor Environmental Management Center designated under Article 12-3 of the Act. <Newly Inserted on Mar. 5, 2024>
(3) Pursuant to Article 13-3 (2) of the Act, the Minister of Environment may entrust duties concerning support for the owners, etc. of public-use facilities and vulnerable people under Article 12-2 of the Act to any of the following institutions: <Newly Inserted on Mar. 5, 2024>
1. Indoor Environmental Management Centers designated pursuant to Article 12-3 of the Act;
2. The Korea Environment Corporation under the Korea Environment Corporation Act.
(4) Where the Minister of Environment entrusts duties pursuant to paragraphs (2) and (3), the Minister shall publicly notify the entrusted institution and the details of the entrusted duties. <Newly Inserted on Mar. 5, 2024>
(5) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall entrust his or her duties concerning education for the owners, etc. of public-use facilities provided for in Article 7 (1) and (2) of the Act to any of the following institutions, pursuant to Article 13-3 (2) of the Act. In such cases, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu shall publicly notify the name and address of an institution entrusted with the duties, its representative, and the details of the duties entrusted: <Amended on Oct. 16, 2018; May 23, 2023; Mar. 5, 2024>
Article 15(Re-Examination of Regulation) #
The Minister of Environment shall examine the appropriateness of the following matters every three years, counting from the following base dates (referring to the period that ends on the day before the base date of every third year), and shall take measures, such as making improvements: <Amended on Mar. 16, 2018>
1. Verifying whether construction materials emit any pollutants; recognizing exceptions to such verification; revoking verification; and recalling construction materials emitting pollutants under Articles 6, 7, 7-2 and 7-3: January 1, 2019;
2. Deleted; <Mar. 7, 2023>
3. Criteria for imposing administrative fines under Article 16 and the attached Table: January 1, 2017.
[This Article Newly Inserted on Dec. 20, 2016]
Article 16(Criteria for Imposing Administrative Fines) #
The criteria for imposing administrative fines pursuant to Article 16 of the Act shall be as specified in the attached Table.
[This Article Wholly Amended on Apr. 6, 2011]
[Moved from Article 4 <Dec. 20, 2016>]