Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Act on Environmental Dispute Resolution and Environmental Damage Relief and matters necessary for the enforcement thereof.
Article 2(Causes of environmental damage) #
"Cause prescribed by Presidential Decree" in the main clause of subparagraph 1 of Article 2 of the Act on Environmental Dispute Resolution and Environmental Damage Relief (hereinafter referred to as the "Act") means ground subsidence to which vibration is a contributing cause (excluding ground subsidence caused by mineral mining).
Article 3(Jurisdiction) #
(1) "Environmental disputes prescribed by Presidential Decree" in Article 6(1)2f of the Act means an environmental dispute transferred by a regional environmental dispute resolution and damage relief committee under the latter part of Article 4(1) of the Act (hereinafter referred to as "regional committee") among environmental dispute resolution and damage relief committees under that paragraph (hereinafter referred to as the "Commission and/or committees"), upon determining that it is impracticable to resolve the dispute on its own.
(2) The resolution of disputes under the jurisdiction of a regional committee under the proviso of Article 6(2)1 of the Act shall be limited to the adjudication and arbitration of environmental disputes whose amount claimed for resolution (hereinafter referred to as "amount in dispute") does not exceed 100 million won; provided, the adjudication and arbitration of environmental disputes arising from the same cause as cases that are pending before, or have been adjudicated or arbitrated by, the Office of National Environmental Dispute Resolution and Damage Relief Commission under Article 4(1) of the Act (hereinafter referred to as the "National Commission") shall be excluded.
Article 4(Requests for submission of case processing records) #
The National Commission may request a regional committee to submit the materials regarding the semiannual case processing records of health damage investigations and environmental dispute resolution under its jurisdiction, for the systematic management of such investigations and resolution cases. In such cases, the regional committee so requested shall submit the relevant materials, unless there is a compelling reason not to do so.
Article 5(Qualifications of investigators) #
(1) The qualifications of investigators under Article 14(2) of the Act (hereinafter referred to as "investigator") shall be as follows:
1. Investigators assigned to the administrative body of the National Commission: Public officials of Grades VII through IV of the administrative body of the National Commission, or public officials equivalent thereto;
2. Investigators assigned to the secretariat of a regional committee: Public officials of Grades VIII through V of the secretariat of the relevant regional committee, or public officials equivalent thereto.
(2) Investigators shall endeavor to ensure that business affairs related to health damage investigations, environmental dispute resolution, and decisions on the payment of environmental damage relief benefits are conducted in a prompt and fair manner by efficiently performing the business affairs specified in the subparagraphs of Article 14(2) of the Act.
Article 6(Plenary session of National Commission) #
(1) To convene a plenary session under Article 15(1) of the Act (hereinafter referred to as "plenary session"), the chairperson of the National Commission shall notify each member of the National Commission of the date, time, place, and agenda items of a meeting at least 7 days before the meeting; provided, this shall not apply in urgent circumstances.
(2) The plenary session may be held as a video conference in which members of the National Commission attend from different locations equipped with devices capable of simultaneously transmitting and receiving video and audio. In such cases, the members shall be deemed to be present at the same meeting place.
(3) The National Commission shall prepare and retain minutes of the plenary session that record the date, time, and place of the meeting, the members present, the matters deliberated and resolved, and the major remarks of the participants.
Article 7(Functions of subcommittees) #
(1) A subcommittee under Article 16(1) of the Act (hereinafter referred to as "subcommittee") shall deliberate and resolve on matters regarding the following business affairs: <Amended on Oct. 1, 2025>
1. A health damage investigation subcommittee: Business affairs related to health damage investigations;
2. An environmental pollution damage relief subcommittee: The following business affairs:
a. Business affairs related to the advance payment of relief benefits by the Minister of Climate, Energy and Environment under Article 23(2) of the Act on Liability for Environmental Damage and Relief Thereof and Article 18-2(1) of the Enforcement Decree of that Act;
b. Preliminary investigations under Article 25(2) of the Act on Liability for Environmental Damage and Relief Thereof;
c. Decisions on advance payment of part of relief benefits under Article 25(3) of the Act on Liability for Environmental Damage and Relief Thereof;
d. Decisions on whether to pay relief benefits and the determination of damage grades, etc. under Article 25(4) of the Act on Liability for Environmental Damage and Relief Thereof;
e. Decisions to suspend the payment of relief benefits under Article 26(1) and (2) of the Act on Liability for Environmental Damage and Relief Thereof;
f. Decisions to suspend the deliberation procedure for relief benefits under Article 34(3) of the Act on Liability for Environmental Damage and Relief Thereof;
3. An asbestos environmental damage relief subcommittee: The following business affairs:
a. Decisions on whether to recognize applicants as asbestos victims and the determination of injury grades under Article 6(4) of the Asbestos Injury Relief Act;
b. Renewal of recognition as an asbestos victim under Article 7(3) of the Asbestos Injury Relief Act and revocation of recognition as an asbestos victim under paragraph (4) of that Article;
c. Special recognition as bereaved family members under Article 14 of the Asbestos Injury Relief Act;
d. Decisions on whether to pay relief benefits under Article 16(2) of the Asbestos Injury Relief Act;
e. Decisions to suspend the payment of medical care benefits, etc. under Article 19(1) of the Asbestos Injury Relief Act;
Article 8(Methods of service of resolution results) #
(1) The Commission or a committee shall serve the results of its resolution, etc. on the parties by mail under Article 18 of the Act; provided, if the parties consent, such service may be made by means of personal delivery.
(2) When a party changes the place for receiving service under paragraph (1) (referring to the place designated by the party, among his or her domicile, residence, place of business, or office), the party shall notify the competent Commission or committee in writing of such change without delay.
Article 9(Methods of service by publication) #
(1) The Commission or a committee may serve documents by publication ex officio or upon application by a party, in any case specified in the subparagraphs of Article 19(1) of the Act. In such cases, a party who intends to file an application for such service shall submit the grounds therefor to the Commission or committee in writing.
(2) If service is made by publication under Article 19(2) of the Act, the relevant investigator shall retain the documents to be served until the effective date under paragraph (3) of that Article.
(3) If service by publication has been made but the grounds for such service specified in the subparagraphs of Article 19(1) of the Act cease to exist before the effective date under Article 19(3), the competent Commission or committee shall, ex officio or upon written application by a party, revoke the service by publication and service the documents by mail; provided, if the party consents, such documents service may be made by means of personal delivery.
Article 10(Exclusion of, challenge to, or recusal of, members) #
(1) A motion by a party for exclusion of, or challenge to, a member of the competent Commission or committee under Article 22(2) and (3) of the Act shall be filed in writing with the Commission or committee, specifying the grounds therefor and the method of substantiation.
(2) A member of the Commission or a committee who is subject to a motion for exclusion or challenge under paragraph (1) shall submit a written opinion thereon to the Committee or committee without delay.
(3) No application for objection may be filed against a decision made by the competent Commission or committee on a motion for exclusion or challenge.
(4) If a member of the Commission or a committee intends to recuse himself or herself under Article 22(4) of the Act, the member shall obtain approval from the Commission or committee.
Article 11(Cooperation in provision of materials) #
(1) "Materials prescribed by Presidential Decree, such as resident registration, family relations registration, medical records, or health insurance data" in Article 23(1) of the Act means the following materials:
1. Certified copies of household or individual register under Article 29 of the Resident Registration Act and electronic information data of resident registration under Article 30 of that Act;
2. Family relation certificates under Article 15(1)1 of the Act on Registration of Family Relations;
3. Building registers under Article 38(1) of the Building Act;
4. Cadastral records under subparagraph 19 of Article 2 of the Act on the Establishment and Management of Spatial Data;
5. Materials related to permission for the use of explosives under Article 18 of the Act on the Safety Management of Guns, Swords, and Explosives and explosives inventory ledgers held by installers of explosives storage facilities or explosives users under Article 81(1)4 of the Enforcement Decree of that Act;
6. Materials related to guidance, inspection, and consultation and processing of civil petitions regarding compliance with environmental laws by business entities that have caused or are deemed to have caused environmental damage leading to health damage investigations, environmental dispute resolution, or applications for relief benefits;
7. Medical certificates or examination documents issued by medical institutions under Article 3(1) of the Medical Service Act and medical certificates of disability issued by general hospitals under paragraph (2)3f of that Article;
8. Materials related to medical care benefits under Article 41 of the National Health Insurance Act and health checkups under Article 52 of that Act;
9. Materials related to cancer registration statistics services under Article 14 of the Cancer Control Act and cancer information services under Article 15 of that Act;
10. Data related to occupations, diseases, causes of death, and other relevant statistics among statistical data under subparagraph 4 of Article 3 of the Statistics Act;
11. Materials relate to health examination records under Article 7-3 of the School Health Act;
12. Materials related to reports on the acquisition or loss of insured status of workers under Article 15 of the Employment Insurance Act;
Article 12(Referrals to other subcommittees) #
(1) The opinion of an applicant under the former part of Article 24(1) of the Act may be obtained in writing or by having the applicant attend a meeting of the competent subcommittee or mediation committee, adjudication committee, or arbitral tribunal under Chapter IV of the Act (hereinafter referred to as the "mediation, adjudication, or arbitration committee").
(2) When a subcommittee or a mediation, adjudication, or arbitration committee decides to refer an agenda item to another subcommittee or mediation, adjudication, or arbitration committee under Article 24(1) of the Act, the subcommittee or committee shall, without delay, transfer documents and articles related to the relevant agenda item to the relevant subcommittee or committee and shall notify the relevant applicant of such referral.
(3) When an agenda item is transferred to another subcommittee or mediation, adjudication, or arbitration committee under Article 24(1) of the Act, the period from the date of application for the agenda item until the date the relevant applicant receives the notification under paragraph (2) shall be excluded from the calculation of the period under Article 30(7) of the Act, Article 21(2) of the Petition Act, Articles 25(2) and (4) and 30(1) of the Act on Liability for Environmental Damage and Relief Thereof, Articles 6(4) (including cases applicable mutatis mutandis under Article 14(1) of that Act), 16(2), and 37(1) of the Asbestos Injury Relief Act , and Articles 48-4(4) and 48-13(3) of the Consumer Chemical Products and Biocides Safety Control (hereafter in this Article referred to as "period for resolution, etc.").
(4) If the prereferral procedures continue under Article 24(2) of the Act, the period from the date the relevant applicant is notified under paragraph (2) until the date it is decided not to mediate environmental disputes or not to make a decision on the payment of environmental damage relief benefits shall be excluded from the calculation of the period for resolution, etc.
Article 13(Allowances) #
Allowances, travel expenses, and other actual expenses incurred in performing duties may be paid, within the budget, to the following persons who attend a meeting of, or examine agenda items for, the Commission or a committee, a subcommittee, or a mediation, adjudication, or arbitration committee; provided, such payments shall not be made to public officials who attend a meeting of, or examine agenda items for, the Commission or a committee directly related to their official duties:
1. A member of the Commission or a committee (excluding full-time members under Article 8(1) of the Act);
2. An expert member under Article 13(1) of the Act (hereinafter referred to as "expert member");
3. A member of an investigation team under Article 26(2) of the Act.
Article 14(Organization and operation of investigation teams) #
(1) An investigation team under Article 26(2) of the Act (hereinafter referred to as "investigation team") shall be organized and operated according to the following classifications:
1. The National Commission: The National Health Damage Investigation Team;
2. A regional committee: A regional health damage investigation team.
(2) Members of an investigation team shall be appointed or commissioned by the chairperson of the National Commission in cases of the National Health Damage Investigation Team, and by the chairperson of a regional committee in cases of a regional health damage investigation team, from among the following persons:
1. Investigators in charge of health damage investigations;
2. Persons with extensive knowledge of, and experience in, the fields of environmental health, human toxicity, environmental media, and epidemiological investigation.
(3) Except as provided in paragraphs (1) and (2), matters necessary for the organization and operation of investigation teams shall be determined by the chairperson of the National Commission in cases of the National Health Damage Investigation Team, and by the chairperson of a regional committee in cases of a regional health damage investigation team.
Article 15(Matters to be stated in written applications) #
Matters to be stated in a written application under Article 30(1) of the Act shall be as follows:
1. In cases of good offices and mediation:
a. The addresses and names (in cases of a corporation, referring to its title) of the parties, appointed representatives, representative parties, and agents (hereinafter referred to as "parties, etc.");
b. The date and place of occurrence of environmental damage;
c. The progress of the environmental dispute;
d. The purport of, and grounds for, seeking good offices or mediation;
e. Other reference materials;
2. In cases of adjudication:
a. The matters specified in subparagraph 1a through c and e;
b. The purport of and reasons for filing an application for adjudication;
c. The following matters:
1) In cases of causation adjudication under subparagraph 1 of Article 56 of the Act (hereinafter referred to as "causation adjudication"): The actual or anticipated damage;
2) In cases of liability adjudication under subparagraph 2 of Article 56 of the Act (hereinafter referred to as "liability adjudication"): The amount of actual or anticipated damage;
3. In cases of arbitration:
a. The matters specified in subparagraph 1a through c and e;
b. The purport of and reasons for filing an application for arbitration;
c. The amount or estimated amount of damage;
d. The fact that the parties have agreed to settle the environmental dispute through arbitration;
e. A list of the members of the competent arbitral tribunal under Article 68(1) of the Act (hereinafter referred to as "arbitral tribunal") agreed upon by the parties (applicable only if the members are selected by agreement of the parties under Article 68(2) of the Act).
Article 16(Applications for facilitation, mediation, adjudication, or arbitration of environmental disputes arising from anticipated damage) #
Applications for facilitation, mediation, adjudication, or arbitration of environmental disputes arising from anticipated damage may be filed after a project plan that includes the project implementer, scale, location, period, and other relevant details is determined in accordance with the procedures under the relevant statutes or regulations.
Article 17(Modification of applications) #
If an applicant or participant files a written application for modification of the purport of, or grounds for, seeking facilitation, mediation, adjudication, or arbitration (applicable only if the applicant obtains the consent of the respondent), the chairperson of the competent Commission or committee shall approve such modification; provided, if the procedures for the facilitation, mediation, adjudication, or arbitration of the relevant environmental dispute (hereinafter referred to as "environmental dispute resolution procedures") are likely to be substantially delayed, the chairperson need not approve the modification.
Article 18(Notification to other party) #
Upon receipt of an application for modification under Article 17, the competent Commission or committee shall, without delay, provide written notification thereof to the other party, along with a copy of the application.
Article 19(Processing period for resolution) #
(1) "Period prescribed by Presidential Decree" in Article 30(7) of the Act means the periods classified as follows:
1. In cases of good offices: 3 months;
2. In cases of mediation or arbitration: 9 months;
3. In cases of adjudication:
a. In cases of adjudication of causes: 6 months;
b. In cases of adjudication of responsibilities: 9 months.
(2) The period specified in paragraph (1) may be extended by decision of the competent Commission or committee in any of the following cases; provided, in cases of liability adjudication, the period may be extended only once:
1. Where the parties, etc. consent to the extension;
2. Where a lengthy period is required to prove a causal relationship or to calculate the amount of compensation in environmental disputes, such as those involving damage to crops or bodily injury.
Article 20(Withdrawal of applications) #
An applicant for facilitation, mediation, adjudication, or arbitration, a selected representative or agent of an applicant, a representative party, or a participant may withdraw the application in writing before the relevant procedures are terminated; provided, in cases of arbitration, the application may be withdrawn only if the respondent consents to such withdrawal.
Article 21(Dismissal of applications without prejudice) #
If the Commission or a committee dismisses an application without prejudice under Article 32(2) or (3) of the Act, it shall, without delay, serve the authentic copy of the written decision on the parties, etc.
Article 22(Applications for participation) #
(1) A person who intends to participate in the environmental dispute resolution procedures under Article 34(1) of the Act shall file a written application with the competent Commission or committee.
(2) Articles 15 through 18 shall apply mutatis mutandis to an application for participation under paragraph (1), the modification of the application, and the notification thereof.
(3) Upon receipt of a duplicate of the application for participation under Article 18, which applies mutatis mutandis under paragraph (2), the other party may submit a written opinion thereon to the competent Commission or committee within 10 days.
Article 23(Applications for correction) #
A person who intends to file an application for correction of a respondent under Article 35(1) of the Act shall submit a written application for correction to the chairperson of the competent Commission or committee, stating the case number and name, the name of the respondent before and after the correction, and the grounds for such application.
Article 24(Separation and consolidation of environmental dispute resolution procedures) #
(1) The Commission or a committee may separate or consolidate environmental dispute resolution procedures, if deemed necessary.
(2) If the Commission or a committee separates or consolidates environmental dispute resolution procedures under paragraph (1), it shall, without delay, provide written notification of such fact to the parties, etc.
Article 25(Succession to status of parties) #
(1) If a party becomes unable to continue the environmental dispute resolution procedure due to death, loss of capacity, or other reasons while the procedure is pending, a person who has succeeded to his or her status in accordance with statutes or regulations may succeed to the status of the party.
(2) A person who intends to succeed to the status of a party under paragraph (1) shall file a written application with the competent Commission or committee.
(3) Upon receipt of an application under paragraph (2), the competent Commission or committee shall, without delay, examine the application, determine whether to allow the succession, and notify the applicant of the result in writing.
(4) If no application is filed under paragraph (2), the competent Commission or committee may, if deemed necessary, allow a person who meets the qualifications under paragraph (1) to continue the environmental dispute resolution procedure.
Article 26(Requirements for environmental organizations) #
"Requirements prescribed by Presidential Decree" in Article 39(1)3 of the Act means the following requirements:
1. It shall have at least 100 members;
2. It shall have engaged in activities in the field of the natural environment for at least 2 years as a corporation as of the date of the request.
Article 27(Resolution expenses) #
Expenses not to be borne by the parties under Article 41(1) of the Act shall be as follows:
1. Expenses incurred for a business trip by a member, investigator, employee, or expert member of the Commission or a committee;
2. Expenses incurred in conducting investigations by expert members;
3. Expenses incurred for a business trip by a person requested to provide cooperation under Article 23 of the Act;
4. Expenses incurred for the appearance of a witness or expert under Article 59 of the Act (excluding an expert, if an application for expert opinions has been filed by a party, etc.);
5. Postal and communication charges related to the conduct of environmental dispute resolution procedures.
Article 28(Fees) #
(1) Fees to be paid by a person who files an application for resolution, etc. with the National Commission under Article 41(2) of the Act (including a person who has been notified that the relevant agenda item has been referred to the competent mediation, adjudication, or arbitration committee under Article 12(2)) shall be as specified in Appendix 1.
(2) Fees under paragraph (1) shall be paid in revenue stamps.
(3) If the amount in dispute increases due to a change, etc. in the purport of, or grounds for, the application, the amount equivalent to the difference between the fees before and after the increase shall be paid in revenue stamps.
(4) The National Commission may allow the payment of fees under paragraphs (2) and (3) in electronic currency or by electronic payment methods or other similar methods through an information and communications network.
Article 29(Designation of members) #
(1) The chairperson of the competent Commission or committee shall designate facilitators, mediators, adjudicators, or arbitrators under Article 43(1), 47(2), 57(2), or 68(2) of the Act (hereinafter referred to as "facilitators, mediators, adjudicators, or arbitrators") within 7 days from the date of receipt of an application under Article 30(1) of the Act, and shall, without delay, notify the parties, etc. of the list of such members and the investigators involved in the relevant procedure.
(2) If a facilitator, mediator, adjudicator, arbitrator, or investigator in charge is changed, the chairperson of the competent Commission or committee shall, without delay, notify the parties, etc. of the list of the changed member or investigator in charge.
Article 30(Notification of suspension of facilitation) #
If facilitation is suspended under Article 45 of the Act, the competent Commission or committee shall, without delay, provide written notification of such fact to the parties, etc.
Article 31(Disputes subject to ex officio mediation and procedures therefor) #
(1) Disputes subject to ex officio mediation under Article 46(1) of the Act shall constitute the following:
1. Environmental disputes arising from environmental damage resulting in human death or serious physical disability;
2. Environmental disputes related to installation or management of environmental facilities defined in subparagraph 2 of Article 2 of the Environmental Technology and Industry Support Act;
3. Environmental disputes in which the amount in dispute is at least 1 billion won.
(2) If the chairperson of the National Commission initiates the mediation procedure ex officio under Article 46(1) of the Act, the chairperson shall designate mediators and investigators and shall, without delay, notify the parties, etc. of the list of those designated and the initiation of the procedure.
(3) If a mediator or investigator in charge designated under paragraph (2) is changed, the chairperson of the National Commission shall, without delay, notify the parties, etc. of the list of those newly designated.
Article 32(Preparation of reports) #
A report under Article 50(2) of the Act shall include the following:
1. The case number and title;
2. The addresses and names (in cases of a corporation, referring to its name) of the parties, etc.;
3. The details of the mediation;
4. The purport of the application;
5. The grounds for the mediation;
6. The date of the mediation decision.
Article 33(Cases handled by adjudication committee comprised of at least 10 or 3 members) #
(1) Cases adjudicated by an adjudication committee comprised of at least 10 members under Article 57(1)1 of the Act shall be any of the following cases:
1. Environmental dispute cases arising from environmental damage resulting in at least 5 human deaths or serious physical disability;
2. Environmental dispute cases related to installation or management of environmental facilities defined in subparagraph 2 of Article 2 of the Environmental Technology and Industry Support Act;
3. Environmental dispute cases where the amount in dispute is at least 2 billion won, arising from environmental damage to health or property;
4. Other environmental dispute cases recognized by the chairperson of the competent adjudication committee as likely to have a significant social ripple effect.
(2) Cases adjudicated by an adjudication committee comprised of 3 members under Article 57(1)2 of the Act shall be as follows:
1. In cases of the National Commission: Environmental dispute cases where the amount in dispute is up to 200 million won;
2. In cases of a regional committee: Environmental dispute cases where the amount in dispute is up to 50 million won.
Article 34(Preparation of reports) #
(1) If an adjudication committee conducts a hearing or investigation under Article 58 or 59 of the Act, the committee shall require an investigator involved in the adjudication procedure to prepare a report.
(2) A report specified in paragraph (1) shall contain the following, and the adjudicators and investigators involved in the hearing or investigation shall sign and seal on the report:
1. The case number and title;
2. The date and place of the trial, investigation, etc.;
3. The names of the parties, etc. present;
4. Whether the trial is open to the public and, if not, the reasons for its closure;
5. The methods and details of the trial, investigation, etc.;
6. Other important matters regarding the trial, investigation, etc.
Article 35(Requests for appearance) #
(1) If an adjudication committee requests the appearance of a party or witness, the appearance and expert opinion of an expert, or the perusal, reproduction, or submission of documents or articles under Article 59(1)1 through 3 of the Act, such request shall be made in writing.
(2) A commission may pay travel expenses, daily allowances, and other necessary actual expenses within the budget to persons who attend a meeting of an adjudication committee (excluding the parties) or to those who have conducted appraisal pursuant to paragraph (1).
(3) If the parties, etc. have requested appraisal, the expenses incurred for the appraisal and the attendance of an appraiser under paragraph (2) shall be borne by the requesting parties
Article 36(Matters to be stated in applications for preservation of evidence) #
(1) A person who intends to file an application for preservation of evidence under Article 60(1) of the Act shall submit an application to the competent Commission or committee, stating the following:
1. The address and name of the other party (in cases of a corporation, referring to its name);
2. Facts to be proved;
3. The details of evidence;
4. Grounds for requesting the preservation of evidence.
(2) When the competent Commission or committee intends to preserve evidence upon an application under paragraph (1), it shall notify the applicant and the other party of the date and place; provided, in urgent cases where there is insufficient time to give notice, such notice may be given after the evidence is preserved.
Article 37(Correction of adjudication) #
(1) If an adjudication contains an obvious clerical error, a miscalculation, or any other similar mistake, the competent adjudication committee may make a correction decision either ex officio or upon written application by a party, etc.
(2) Upon making a correction decision under paragraph (1), the competent adjudication committee shall attach the original of such decision to the original of the adjudication and serve the authentic copy of the decision to the parties, etc.
Article 38(Transfer of documents) #
If an adjudication committee transfers a case for which an application for adjudication has been filed under Article 64 of the Act to the competent Commission or committee for resolution, it shall send all documents and articles related to the relevant case and shall notify the parties, etc. of such transfer.
Article 39(Requests for submission of materials on entrusted causation adjudications) #
(1) When the National Commission is entrusted with a causation adjudication under the former part of Article 67(4) of the Act, the Commission may request the court accepting the lawsuit to explain the relevant case, submit materials, or take other similar actions.
(2) When the National Commission makes a causation adjudication under paragraph (1), the Commission shall, without delay, serve the authentic copy of the adjudication document on the court accepting the lawsuit.
Article 40(Provisions applicable mutatis mutandis) #
`Articles 34 through 36 shall apply mutatis mutandis to the preparation of reports on arbitration, requests for appearance, applications for preservation of evidence, and other similar actions. In such cases, "adjudication committee" shall be construed as "arbitral tribunal", and "adjudication" as "arbitration".
Article 41(Measures to maintain order) #
The Commission or a committee may take measures necessary for the smooth execution of its duties, such as ordering a person who interferes with the environmental dispute resolution procedure to leave.
Article 42(Perusal and copying of records) #
(1) A party, etc. may file an application with the competent Commission or committee for the perusal or copying of the records of the relevant environmental dispute resolution case.
(2) An application for perusal or copying under paragraph (1) shall be filed in writing.
Article 43(Entrustment of tasks) #
(1) The National Commission shall entrust the following tasks to the president of the National Institute of Environmental Research under Article 88(1) of the Act:
1. Investigations into health damage, etc. under Article 26(1) of the Act (limited to cases where deemed necessary by the chairperson under that paragraph);
2. Investigations into health damage, etc. under Article 27(1) of the Act;
3. Requests for submission of materials under Article 23(1) of the Act (limited to materials necessary to perform the tasks specified in subparagraphs 1 and 2).
(2) The National Commission shall entrust the following tasks to the Korea Environmental Industry and Technology Institute established under the Korea Environmental Industry and Technology Institute Act under Article 88(2) of the Act:
1. Operation of an electronic civil petition window under Article 14(3) of the Act;
2. Requests for submission of materials under Article 23(1) of the Act (limited to materials necessary to perform the tasks entrusted by the Commission under Article 44(4) of the Act on Liability for Environmental Damage and Relief Thereof, Article 51(3) of the Asbestos Injury Relief Act, and Article 54(5) of the Consumer Chemical Products and Biocides Safety Control Act).
Article 44(Management of sensitive information and personally identifiable information) #
The Commission or a committee (including persons entrusted with the tasks of the Commission or committee under Article 88 of the Act and Article 43 of this Decree) may manage information on health under Article 23 of the Personal Information Protection Act and data containing resident registration numbers, passport numbers, or foreign registration numbers under subparagraph 1, 2, or 4 of Article 19 of the Enforcement Decree of that Act, if it is inevitable to perform the following business affairs:
1. Business affairs related to the recommendation and commissioning of expert members;
2. Business affairs related to deliberation and resolution by subcommittees or mediation, adjudication, or arbitration committees;
3. Business affairs related to the exclusion of, challenge to, or recusal, etc. of, members under Article 22 of the Act;
4. Business affairs related to requests for submission of materials under Article 23(1) of the Act;
5. Business affairs related to investigations into health damage, etc. under Article 26 of the Act (limited to cases where deemed necessary by the chairperson under that paragraph);
6. Business affairs related to investigations into health damage, etc. under Article 27 of the Act;
7. Business affairs related to applications, etc. for resolution under Article 30 of the Act;
8. Business affairs related to the selection, dismissal, or replacement of representatives under Article 33 of the Act;
9. Business affairs related to the correction of respondents under Article 35 of the Act;
10. Business affairs related to permission to appoint agents under Article 36 of the Act;
11. Business affairs related to preservation of evidence under Article 60 of the Act;
12. Business affairs related to applications, etc. for resolution of environmental disputes involving multiple persons under Article 72 of the Act.
Article 45(Imposition of administrative fines) #
The criteria for the imposition of administrative fines under Article 92(1) through (3) of the Act shall be as specified in Appendix 2.