Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Act on Control and Aggravated Punishment of Environmental Offenses and matters necessary for the enforcement thereof.
[This Article Wholly Amended on Oct. 28, 2011]
Article 2 #
Deleted. <Nov. 10, 2020>
Article 3(Method of calculation of penalty surcharges) #
(1) "Cases prescribed by Presidential Decree" in the proviso, with the exception of the subparagraphs, of Article 12 (1) of the Act on Control and Aggravated Punishment of Environmental Offenses (hereinafter referred to as the "Act") means any of the following:
1. Where a person has not commenced his or her business or has no record of business performance due to temporary closure, suspension, etc. of business;
2. Where it is impracticable to calculate sales because data related to the calculation of sales have been destroyed or damaged due to a natural disaster, etc.
(2) The standards for the imposition of penalty surcharges under Article 12 (4) of the Act shall be as specified in Appendix 1.
(3) For a person who reports a violation under any subparagraph of paragraph (1) of that Article and corrects such violation immediately after he or she becomes aware of such violation, pursuant to Article 12 (6) of the Act, the Minister of Environment shall reduce or exempt a penalty surcharge in accordance with the following classifications: <Amended on Oct. 1, 2025>
1. A person who voluntarily reports a violation under the subparagraphs of Article 12 (1) of the Act to the Minister of Environment immediately after becoming aware of the violation: Not more than the amount equivalent to 30/100 of the amount imposed for the violation under the main clause, with the exception of the subparagraphs, of that paragraph (hereinafter referred to as "amount imposed for the violation");
2. A person who falls under subparagraph 1 and who consistently acknowledges the violation until the completion of an investigation and proactively cooperates with the investigation, such as submitting relevant data: Not more than the amount equivalent to 50/100 of the amount imposed for the violation;
3. A person who falls under subparagraphs 1 and 2 and who first reports a joint illegal act to the Minister of Environment and submits relevant data: Not more than the amount equivalent to 80/100 of the amount imposed for the violation.
(4) The Minister of Environment shall determine and publicly notify the detailed standards for the amount of penalty surcharges reduced or exempted according to the classification under each subparagraph of paragraph (3). <Amended on Oct. 1, 2025>
[This Article Wholly Amended on Nov. 10, 2020]
Article 4 #
Deleted. <Nov. 10, 2020>
Article 5 #
Deleted. <Nov. 10, 2020>
Article 6(Imposition and payment of penalty surcharges) #
(1) The Minister of Environment who intends to impose a penalty surcharge under Article 12 of the Act shall give a written payment notice, which clearly states the type of violation and the amount of the penalty surcharge. <Amended on Oct. 1, 2025>
(2) A person in receipt of notice under paragraph (1) shall pay the penalty surcharge to a receiving agency designated by the Minister of Environment within 60 days from the date of receipt of such notice. <Amended on Dec. 12, 2023; Oct. 1, 2025>
(3) Upon receipt of a penalty surcharge under paragraph (2), a receiving agency shall issue a receipt to the payer.
(4) A penalty surcharge receiving agency, in receipt of a penalty surcharge under paragraph (2), shall notify the Minister of Environment of such fact without delay. <Amended on Oct. 1, 2025>
(5) Except as provided in paragraphs (1) through (4), details necessary for the imposition and payment of penalty surcharges shall be determined and publicly notified by the Minister of Environment. <Amended on Oct. 1, 2025>
[This Article Wholly Amended on Nov. 10, 2020]
Article 7 #
Deleted. <Nov. 10, 2020>
Article 8(Standards for administrative dispositions) #
The criteria for administrative disposition under Article 13 (1) of the Act shall be as specified in Appendix 2. <Amended on Oct. 1, 2025>
[This Article Wholly Amended on Oct. 28, 2011]
Article 9(Signboards) #
A signboard at an illegal discharge facility under Article 13 (4) of the Act shall be as specified in Appendix 3 and shall be installed at the height of at least 1 meter above the ground at the entrance of the illegal discharge facility so that the general public can easily see it.
[This Article Wholly Amended on Oct. 28, 2011]
Article 9-2(Confirmation of administrative disposition history) #
(1) If a transferee, heir or a corporation that survives after a merger or a corporation that is newly established through a merger wishes to request confirmation from the Minister of Climate, Energy and Environment as to whether the former business operator has been subject to administrative disposition proceedings and whether they have a history of administrative disposition proceedings (hereinafter referred to as "administrative disposition history of the former business operator") under Article 14 (2) of the Act, they shall submit a request for confirmation of administrative disposition history in attached Form 1. <Amended on Oct. 1, 2025>
(2) The Minister of Climate Energy and Environment who receives a request under paragraph (1) shall, within five days from the date of the request, confirm the administrative disposition history of the former business operator and issue a written confirmation in attached Form 2 to the requester. <Amended on Oct. 1, 2025>
[This Article Added on Sep. 23, 2025]
Article 10(Payment of monetary rewards) #
(1) Deleted. <Oct. 22, 2013>
(2) Upon receipt of a report on a crime under Article 15 of the Act, an investigative agency, the Minister of Environment, and the head of a regional environmental agency shall notify the outline of the case to the competent Mayor/Do Governor or the head of the Si/Gun/Gu (referring to the head of an autonomous Gu): <Amended on Oct. 1, 2025>
(3) A Mayor/Do Governor or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu), in receipt of a report on a crime under Article 15 of the Act or a notification under paragraph (2), may pay a monetary reward within the budget, if the details of the report are deemed to include a violation of environmental law. <Amended on Oct. 22, 2013>
(4) A monetary reward under paragraph (3) shall be paid within the limit of 3 million won, and the amount of the monetary reward, the timing and procedures for payment, and other necessary matters shall be determined and publicly notified by the Minister of Environment. <Amended on Oct. 1, 2025>
[This Article Wholly Amended on Oct. 28, 2011]
Article 11(Qualifications and appointment of environmental investigators) #
(1) Any of the following public officials in general service shall be deemed appointed as an environmental investigator under Article 15-2 (1) of the Act (hereinafter referred to as "environmental investigator") from the date he or she is appointed to his or her position: <Amended on Nov. 10, 2020; Oct. 1, 2025>
1. Public officials of Grades III through VII of the Ministry of Environment who belong to a department in charge of the following affairs:
(a) Monitoring of facilities discharging environmental pollutants and supervision and support for local governments in guiding and inspecting emitting business places under Article 7 (2) 6 of the Decree on the Organization of the Ministry of Environment and Institutions under Its Jurisdiction (hereinafter referred to as the "Decree on the Organization");
(b) Matters regarding the operation of the environmental judicial police system under Article 5-2 (2) 7 of the Decree on the Organization;
2. Public Officials of Grade IV through IX of a local environmental agency who belong to a department in charge of monitoring facilities discharging environmental pollutants and conducting environmental investigations.
(2) In cases falling under paragraph (1), a public official who has worked for the Ministry of Environment or a regional environmental agency for less than 1 year shall be deemed appointed as an environmental investigator after the passage of 1 year from the start date of such working experience. <Amended on Oct. 1, 2025>
(3) The Minister of Environment or the head of a regional environmental agency may appoint a public official in charge of affairs related to violations of environment-related statutes or regulations as an environmental investigator, if it is necessary to organize a task force team on a temporary basis to control and prevent violations pursuant to laws and the subparagraphs of Article 15-2 (1) of the Act (hereinafter referred to as "violations of environment-related statutes or regulations"). <Amended on Nov. 10, 2020; Oct. 1, 2025>
[This Article Added on Oct. 28, 2011]
[Previous Article 11 moved to Article 16 <Oct. 28, 2011>]
Article 12(Revocation of appointment of environmental investigators) #
(1) Where a person appointed as an environmental investigator under Article 11 falls under any of the following subparagraphs, such appointment shall be deemed revoked:
1. Where he or she no longer belongs to a department under Article 11 (1) 1 or 2;
2. Where a task force team under Article 11 (3) is dissolved.
(2) Where a person appointed as an environmental investigator under Article 11 is subject to a disciplinary action in connection with the control and prevention of violations of environment-related statutes or regulations or a disciplinary action in violation of Article 61, 65, or 66 of the State Public Officials Act, the Minister of Environment or the head of a regional environmental agency shall revoke the appointment of the environmental investigator without delay. <Amended on Nov. 10, 2020; Oct. 1, 2025>
(3) The Minister of Environment or the head of a regional environmental agency shall not appoint a person who has been subject to a disciplinary action in connection with the control and prevention of violations of environment-related statutes or regulations or a disciplinary action in violation of Article 61, 65, or 66 of the State Public Officials Act, as an environmental investigator, during the following period from the start date of such disciplinary action: <Amended on Nov. 10, 2020; Oct. 1, 2025>
1. Where he or she has been demoted or suspended from his or her position: 1 year and 6 months;
2. Where a wage reduction is imposed: 1 year;
3. Where a reprimand is imposed: 6 months.
[This Article Added on Oct. 28, 2011]
[Previous Article 12 moved to Article 17 <Oct. 28, 2011>]
Article 13(Duties of environmental investigators) #
The scope of the specific duties of an environmental investigator shall be as follows: <Amended on Nov. 10, 2020; Oct. 1, 2025>
1. Control and prevention of violations of environment-related statutes or regulations;
2. Investigation into environmental pollution incidents;
3. Deleted; <Nov. 10, 2020>
4. Matters ordered by the Minister of Environment or the head of a regional environmental agency to control and prevent violations of environment-related statutes or regulations;
5. Collection and analysis of other data necessary for the control and prevention of violations of environment-related statutes or regulations, and management of statistics.
[This Article Added on Oct. 28, 2011]
[Previous Article 13 moved to Article 18 <Oct. 28, 2011>]
Article 14(Payment of activity expenses) #
Environmental investigators shall be paid necessary activity expenses within the budget.
[This Article Added on Oct. 28, 2011]
Article 15(Certificates) #
(1) The Minister of Environment or the head of a regional environmental agency shall issue a certificate indicating the status of an environmental investigator. <Amended on Oct. 1, 2025>
(2) Matters necessary for the issuance of certificates under paragraph (1) shall be determined by the Minister of Environment. <Amended on Oct. 1, 2025>
[This Article Added on Oct. 28, 2011]
Article 16(Pollution level testing agency) #
"Testing agency prescribed by Presidential Decree" in Article 16 (2) of the Act means any of the following institutions:
1. The National Institute of Environmental Research and its affiliated agencies;
2. A health and environment research institute of the Special Metropolitan City, a Metropolitan City, a Do, or a Special Self-Governing Province;
3. A regional environmental office;
4. The Korea Environment Corporation established under the Korea Environment Corporation Act.
[This Article Wholly Amended on Oct. 28, 2011]
[Moved from Article 11 <Oct. 28, 2011>]
Article 17(Delegation of authority) #
(1) The Minister of Environment shall delegate the following authority to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") under Article 19 of the Act; provided, the authority falling under paragraph (2) and the following authority over discharge facilities defined in subparagraph 3 (g) of Article 2 of the Act shall be excluded: <Amended on Nov. 10, 2020; Sep. 23, 2025; Oct. 1, 2025>
1. Deleted; <Nov. 10, 2020>
2. Issuance of orders to suspend the use of, or demolish or close an illegal discharge facility, and vicarious execution of such order under Article 13 (1) and (3) of the Act;
3. Installation of signboards under Article 13 (4) of the Act;
3-2. Receipt of requests for confirmation of the administrative disposition history of the former business operator in accordance with Article 14 (2) of the Act and issuance of the confirmation documents;
4. Access to and inspection of places of business under Article 16 of the Act (limited to cases where the authority delegated under subparagraph 2 or 3 is exercised);
5. Requests for the submission of data under Article 17 of the Act (limited to cases where the authority delegated under subparagraph 2 or 3 is exercised).
(2) The Minister of Climate, Energy and Environment shall delegate the authority under each subparagraph of paragraph (1) with respect to any of the following persons (excluding the authority over discharge facilities defined in subparagraph 2 (g) of Article 2 of the Act) to the heads of regional environmental agencies: <Amended on Nov. 10, 2020; Aug. 5, 2025; Sep. 23, 2025; Oct. 1, 2025>
1. A person who has obtained permission for waste treatment business using designated wastes under Article 25 (3) of the Wastes Control Act;
2. A person who has obtained permission for manufacture, import, or sale under the proviso of Article 18 (1) of the Chemical Substances Control Act or who has obtained permission for or filed a report on, a business falling under any subparagraph of Article 27 of that Act.
[This Article Wholly Amended on Oct. 28, 2011]
[Moved from Article 12 <Oct. 28, 2011>]
Article 18(Reporting) #
A Mayor/Do Governor or the head of a regional environmental agency who has performed the affairs delegated under Article 17 shall report the details thereof to the Minister of Environment, as determined by the Minister of Environment. <Amended on Oct. 1, 2025>
[This Article Wholly Amended on Oct. 28, 2011]
[Moved from Article 13 <Oct. 28, 2011>]