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ACT ON THE IMPROVEMENT OF WATER QUALITY AND SUPPORT FOR RESIDENTS OF THE HAN RIVER BASIN — 법갈피

영문법령 / ACT ON THE IMPROVEMENT OF WATER QUALITY AND SUPPORT FOR RESIDENTS OF THE HAN RIVER BASIN

ACT ON THE IMPROVEMENT OF WATER QUALITY AND SUPPORT FOR RESIDENTS OF THE HAN RIVER BASIN

법률타법개정시행 2025-10-01기후에너지환경부,기후에너지환경부 · 제21065호 · 공포 2025-10-01

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to improve the quality of water sources in the Han River basin by properly managing water sources in the Han River system and by efficiently promoting the improvement of the quality of water sources in the upper region of the Han River basin and the programs for supporting residents in that region.

[This Article Wholly Amended on Aug. 3, 2007]

Article 2(Definitions) #

The term used in this Act are defined as follows: <Amended on Jul. 21, 2011; Jul. 16, 2013; Jan. 27, 2016; Jan. 17, 2017; May 18, 2021; Oct. 22, 2024>

1. The term "water sources" means water sources under subparagraph 2 of Article 3 of the Water Supply and Waterworks Installation Act;

2. The term "waterworks business operators" means waterworks business operators under subparagraph 22 of Article 3 of the Water Supply and Waterworks Installation Act;

3. The term "pollution load" means the volume of water pollutants and specific substances harmful to water quality, under subparagraphs 7 and 8 of Article 2 of the Water Environment Conservation Act, expressed by weight;

4. The term "environmental infrastructure facilities" means the following facilities:

a. Sewage pipes under subparagraph 6 of Article 2 of the Sewerage Act;

b. Public sewage treatment plants under subparagraph 9 of Article 2 of the Sewerage Act;

c. Waste treatment plants under subparagraph 11 of Article 2 of the Sewerage Act;

d. Public disposal facilities under subparagraph 9 of Article 2 of the Act on the Management and Use of Livestock Excreta;

e. Public wastewater treatment facilities under subparagraph 17 of Article 2 of the Water Environment Conservation Act (hereinafter referred to as "public wastewater treatment facilities");

f. Other facilities specified by Presidential Decree as those for the prevention of water pollution;

5. The term "water-source management area" means any of the following zones and areas in the Han River basin:

Article 4(Designation and cancellation of riparian zones) #

(1) In order to preserve the water quality of the Han River basin, the Minister of Climate, Energy and Environment shall, where deemed necessary, designate the areas as riparian zones and publicly notify thereof, from among the following areas in the two sides of the Paldang Lake, the Han River (limited to the section from the Paldang Dam to the Jojeongji Dam in Chungju), the Bukhan River (limited to the section from the Paldang Dam to the Euiam lake), and the Gyeongan Stream (limited to the section designated pursuant to the River Act): <Amended on Jul. 30, 2013; Jan. 17, 2017; Oct. 1, 2025>

1. In cases of an area under special measures: The area within one kilometer from the boundary of a river (referring to the river under subparagraph 1 of Article 2 of the River Act; hereinafter the same shall apply) or a lake and marsh (referring to the lake and marsh under subparagraph 14 of Article 2 of the Water Environment Conservation Act);

2. In cases of an area not designated as an area under special measures: The area within 500 meters from the boundary of a river or a lake and marsh.

(2) Where the Minister of Climate, Energy and Environment intends to designate an area as a riparian zone under paragraph (1) (hereinafter referred to as "riparian zone"), he or she shall exclude any of the following areas from the riparian zone: <Amended on Dec. 21, 2007; Apr. 14, 2011; Jan. 27, 2016; Oct. 1, 2025>

1. A water-source protection area;

2. A development restriction zone under Article 3 of the Act on Special Measures for Designation and Management of Development Restriction Zones;

3. A military base and installation protection zone under subparagraph 6 of Article 2 of the Protection of Military Bases and Installations Act;

4. A treatment-required area under subparagraph 15 of Article 2 of the Sewerage Act;

5. An urban area under subparagraph 1 of Article 6 of the National Land Planning and Utilization Act and a district unit planning zone under Article 51(3) of that Act (limited to residential zones);

6. An area in which a village had been naturally formed as at the time the Act on the Improvement of Water Quality and Support for Residents of the Riverhead of the Han River System (Act no. 5932) entered into force, and which is excluded according to the results of a factual survey on the area under paragraph (4).

(3) If a riparian zone falls under any of paragraph (2)1 through 4, the Minister of Climate, Energy and Environment shall cancel the designation of the riparian zone under the procedure prescribed by Presidential Decree; provided, if the area designated as a riparian zone under paragraph (1) is incorporated into a treatment-required area under subparagraph 15 of Article 2 of the Sewerage Act in any of the following cases, the designation of such area as a riparian zone shall not be cancelled notwithstanding paragraph (2): <Amended on Jan. 28, 2014; Oct. 1, 2025>

1. Where a public sewage treatment plant is fully or partially installed under a program for supporting residents under Article 11(2);

2. Where the head of a competent local government installs a public sewage treatment plant in part of a riparian zone, on condition that he or she will not cancel the designation of the riparian zone for the improvement of water quality, etc.

(4) Where the Minister of Climate, Energy and Environment intends to designate an area as a riparian zone, he or she shall organize a survey team with public officials from related central administrative agencies and the competent local government, experts, and representatives of residents to conduct a factual survey on actual conditions of the area and then consult with the competent Do Governor. <Amended on Oct. 1, 2025>

(5) The Minister of Climate, Energy and Environment shall manage riparian zones appropriately, as prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Oct. 1, 2025>

[This Article Wholly Amended on Aug. 3, 2007]

[Title Amended on Jan. 28, 2014]

Article 5(Restriction on activities within riparian zones) #

(1) No person shall install a new facility (including modification of the purpose of use; hereafter the same shall apply in this Article) falling under any of the following facilities in a riparian zone: <Amended on Feb. 6, 2009; Jan. 28, 2014; Jan. 19, 2016; Jan. 17, 2017; May 18, 2021; Oct. 1, 2025>

1. Wastewater discharge facilities under subparagraph 10 of Article 2 of the Water Environment Conservation Act;

2. Waste-generating facilities under subparagraph 3 of Article 2 of the Act on the Management and Use of Livestock Excreta:

3. Facilities for running any of the following:

a. A food-serving business under Article 36(1)3 of the Food Sanitation Act;

b. A lodging business or a public bath business under Article 2(1)2 or 3 of the Public Health Control Act;

c. A tourist accommodation business under Article 3(1)2 of the Tourism Promotion Act;

4. A detached house under Article 2(2)1 of the Building Act (limited to multi-family houses) and an apartment house under subparagraph 2 of that paragraph;

5. A religious facility under Article 2(2)6 of the Building Act;

6. Any of the following facilities:

a. An institution for senior citizens under Article 32(1)1 of the Welfare of Senior Citizens Act, of which capacity is above the one prescribed by Decree of the Ministry of Climate, Energy and Environment;

b. Housing for senior citizens under Article 32(1)3 of the Welfare of Senior Citizens Act;

c. A facility of which capacity is above the one prescribed by Decree of the Ministry of Climate, Energy and Environment among sanatoriums for senior citizens under Article 34(1)1 of the Welfare of Senior Citizens Act;

7. A youth training facility under subparagraph 1 of Article 10 of the Juvenile Activity Promotion Act;

8. A factory under subparagraph 1 of Article 2 of the Industrial Cluster Development and Factory Establishment Act (excluding facilities not using nor generating specific substances harmful to water quality under subparagraph 8 of Article 2 of the Water Environment Conservation Act, of which size is below a specific one prescribed by Decree of the Ministry of Climate, Energy and Environment among factories for manufacturing industry prescribed by presidential decree, such as agricultural product processing industry).

(2) Notwithstanding paragraph (1), where it is recognized that any of the following facilities will not create any problem in the preservation of the quality of water sources in a riparian zone, the Minister of Climate, Energy and Environment may permit the installation of the facility, as prescribed by Presidential Decree; provided, permit for the installation of the facilities under subparagraphs 2 and 3 shall be issued only in the area under Article 4(1)2: <Amended on Jan. 28, 2014; Jul. 18, 2023; Oct. 1, 2025>

1. A wastewater discharge facility temporarily installed for performing a tunnel construction project for the construction of a road, railroad, or electric installations;

2. A waste-generating facility installed in a riparian zone in order to treat livestock excreta in a public disposal facility under subparagraph 9 of Article 2 of the Act on the Management and Use of Livestock Excreta;

3. A facility falling under any of paragraph (1)3 or subparagraphs 4 through 7 of that paragraph, which treats wastewater to maintain the biochemical oxygen demand and suspended solids below 10 milligrams per liter, respectively;

4. General waterworks under subparagraph 6 of Article 3 of the Sewerage Act.

(3) No head of a related administrative agency shall newly designate within a riparian zone, an area as a new specific use area or district that is likely to induce development activities or deteriorate water quality, nor alter a specific use area or district to that effect; provided, the foregoing shall not apply where there exist exceptional grounds prescribed by Presidential Decree for military purposes or for the improvement of water quality and the Minister of Climate, Energy and Environment consents to such designation or alteration. <Amended on Jan. 28, 2014; May 26, 2020; Oct. 1, 2025>

(4) A manager of the facilities, etc. under paragraph (1)3 through 8 which have been already installed as at the time of being designated and published as a riparian zone shall discharge wastewater generated therefrom after treating it to maintain the biochemical oxygen demand and suspended solids below ten milligrams per liter respectively, from the date on which three years elapse after the designation and publication of the riparian zone. <Added on Jan. 28, 2014>

[This Article Wholly Amended on Aug. 3, 2007]

Article 7(Purchase of land) #

(1) If the owner of a parcel of land in a water-source protection area, a riparian zone, or an area necessary for preserving the quality of water sources in the Han River basin that is prescribed by Decree of the Ministry of Climate, Energy and Environment or a facility fixed on such land (hereinafter referred to as "land, etc.") intends to sell the land to the State, the State may purchase it through the Han River Watershed Management Fund under Article 20 to utilize it for the improvement of water quality in the Han River basin such as creation of riparian ecological belts <Amended on Jan. 28, 2014; Oct. 1, 2025>

(2) The purchase price at the time the State purchases the land, etc. pursuant to paragraph (1) shall be the amount appraised on the basis of the officially announced land price under the Act on the Public Announcement of Real Estate Values, taking into consideration the location, shape, environments, and current status of use of the land; provided, in any of the following cases, the purchase price may be determined based on indemnities for land and business loss under the Act on Acquisition of and Compensation for Land for Public Works: <Amended on Jan. 28, 2014; Jan. 19, 2016>

1. Purchase of the land, etc. in an area for which a plan for the creation of riparian ecological belts is formulated under Article 4-2(1)2;

2. Purchase of the land, etc. in an adjacent area, which is sold jointly by multiple number of people, as prescribed by Presidential Decree in an area within a distance of 200 meters from the border of a river or a lake.

(3) The State shall not sell the land, etc. purchased pursuant to paragraph (1) or alter the purpose of use of it to the one other than woodland or a greenbelt; provided, the foregoing shall not apply where an agreement is made in advance with the Han River Watershed Management Committee under Article 24.

(4) The State shall transfer the revenue accruing from the land, etc. purchased pursuant to paragraph (1) to the Han River Watershed Management Fund under Article 20.

(5) The procedure for purchasing the land, etc. pursuant to paragraphs (1) and (2), the determination of the order of priority in purchasing, the calculating method and timing for purchase prices, and other necessary matters shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Aug. 3, 2007]

Article 8(Formulation of basic policy on total pollution load control) #

(1) The Minister of Climate, Energy and Environment shall determine and publicly notify the target water quality of each section of the Han River basin, including on the boundary lines among a Special Metropolitan City and Metropolitan Cities and Dos (hereinafter referred to as "Cities/Dos"), following consultation with the competent Mayors/Do Governors, taking into consideration the current status of the use of the river basin and the current conditions of water quality, as prescribed by Presidential Decree; provided, the foregoing shall not apply to an area for which the competent Mayor/Do Governor publicly notifies the target water quality of each section of the river basin under the jurisdiction of the relevant City/Do, subject to approval from the Minister of Climate, Energy and Environment, as prescribed by Presidential Decree, following consultation with the head of the competent Si/Gun.<Amended on Oct. 1, 2025>

(2) In order to accomplish and maintain environmentally friendly use of land and the target water quality under paragraph (1), the Minister of Climate, Energy and Environment shall formulate a basic policy on the total pollution load control (hereinafter referred to as "basic policy on the total pollution load control"), subject to prior consultation with the Han River Watershed Management Committee under Article 24, and notify the policy to related Mayors/Do Governors. <Amended on Oct. 1, 2025>

(3) The basic policy on the total pollution load control shall include the following matters: <Amended on Jan. 27, 2016>

1. Goals for the total pollution load control;

2. Types of pollutants subject to the total pollution load control;

3. The duration of the basic plan for the total pollution load control under Article 8-2 and the duration of the action plan for the total pollution load control under Article 8-3;

3-2. The following matters:

a. Types of a regional development plan and procedures for reviewing such plan necessary for the formulation and operation of a basic plan for the total pollution load control under Article 8-2;

b. Types of a regional development plan and procedures for reviewing such plan necessary for the formulation and operation of an action plan for the total pollution load control under Article 8-3;

4. The method of calculating the pollution load.

(4) The Minister of Climate, Energy and Environment may establish an information system for the efficient utilization of data necessary for the implementation of the total pollution load control. In such cases, the Minister of Climate, Energy and Environment may request heads of related agencies and institutions, such as related central administrative agencies, local governments, public institutions, and government-funded institutions, to submit necessary data, and the head of each agency or institution shall comply with such request, except in extenuating circumstances. <Amended on Oct. 1, 2025>

(5) The Minister of Climate, Energy and Environment and each Mayor/Do Governor may organize and operate a survey and research team with relevant experts and personnel in order to conduct reviews, surveys, and research on the adjustment of the pollutants subject to the total pollution load control and the target water quality of each section of the river basin and the enforcement of the total pollution load control. <Amended on Oct. 1, 2025>

(6) Matters necessary for the composition and operation of the survey and research team under paragraph (5) shall be prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Oct. 1, 2025>

[This Article Wholly Amended on May 31, 2010]

Article 8-3(Formulation and implementation of action plan for total pollution load control) #

(1) A Special Metropolitan City Mayor, each Metropolitan City Mayor and the head of each Si/Gun (excluding the head of a Gun under the jurisdiction of a Metropolitan City; hereinafter the same shall apply) shall formulate and implement an action plan for total pollution load control (hereinafter referred to as "action plan") in which the following matters are included in accordance with the basic plan, as prescribed by Decree of the Ministry of Climate, Energy and Environment; provided, the same shall not apply to areas recognized by the Minister of Climate, Energy and Environment as achieving and maintaining the target water quality under Article 8(1) as prescribed by Decree of Ministry of Climate, Energy and Environment, other than the areas prescribed by Presidential Decree: <Amended on Jan. 28, 2014; Jan. 27, 2016; Oct. 1, 2025>

1. Yearly regional development plans;

2. Yearly allocation of pollution load of each local government and of each section of river basins;

3. Yearly implementation plan for pollution load reduction;

4. Other matters necessary for the execution of the total pollution load control.

(2) Where deemed necessary for formulating the action plan, a Special Metropolitan City Mayor, each Metropolitan City Mayor and the head of each Si/Gun may hear opinions from relevant experts and local residents and shall disclose such formulated action plan to the public through the Internet web-site, etc. <Amended on Jan. 28, 2014>

(3) Where a Special Metropolitan City Mayor or a Metropolitan City Mayor intends to formulate or amend the action plan, he or she shall obtain approval thereof from the head of the competent regional environmental office, as prescribed by Decree of the Ministry of Climate, Energy and Environment, while the head of each Si/Gun shall obtain approval classified as follows, as prescribed by Decree of the Ministry of Climate, Energy and Environment; provided, the foregoing shall not apply to a minor modification as specified by Decree of the Ministry of Climate, Energy and Environment: <Amended on Jan. 28, 2014; Oct. 1, 2025>

1. An area for which the target water quality of each section of the river basin has been publicly notified pursuant to the main clause of Article 8(1): Approval from the head of the competent regional environmental office through the competent Do Governor;

2. An area for which the target water quality of each section of the river basin has been publicly notified pursuant to the provision of Article 8(1): Approval from the competent Do Governor, following consultation with the head of the competent regional environmental office.

(4) A Special Metropolitan City Mayor, each Metropolitan City Mayor and the head of each Si/Gun shall prepare a report on the evaluation of the performance of the action plan for the previous year (hereinafter referred to as "evaluation report") and shall submit such report to the head of the competent regional environmental office and the Han River Watershed Management Committee under Article 24, as prescribed by Decree of the Ministry of Climate, Energy and Environment. In such cases, the head of a Si/Gun shall submit such evaluation report through the competent Do Governor. <Amended on Jan. 28, 2014; Oct. 1, 2025>

(5) With respect to Sis/Guns that exceed pollution load allocated by year, the competent Do Governor may prepare and submit an evaluation report, notwithstanding paragraph (4). <Added on Jan. 28, 2014>

(6) After reviewing the evaluation report submitted under paragraphs (4) and (5), the head of each regional environmental office may request the head of the local government who prepared the relevant evaluation report to formulate and execute measures or countermeasures as may be necessary for facilitating the action plan. In such cases, the head of a local government in receipt of such request shall comply therewith, except in extenuating circumstances. <Amended on Jan. 28, 2014>

[This Article Added on May 31, 2010]

Article 8-4(Apportionment of pollution load to business establishments) #

(1) The Minister of Climate, Energy and Environment, a Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun may apportion the pollution load or determine the permissible discharge load for each final discharge outlet or for each unit period to a person designated by Decree of Ministry of Climate, Energy and Environment, as prescribed by such Decree, among persons subject to water quality standards for discharge water, permitted discharge standards or permissible discharge standards under the following subparagraphs, as prescribed by Presidential Decree; in such cases, the Minister, a Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun shall take necessary measures to make interested parties informed of the details of the determination in advance: <Amended on Dec. 22, 2015; Jan. 17, 2017; Oct. 1, 2025>

1. Articles 12(3) and 32 of the Water Environment Conservation Act;

2. Article 7 of the Sewerage Act.

3. Article 13 of the Act on the Management and Use of Livestock Excreta;

4. Article 8(1) of the Act on the Integrated Control of Pollutant-Discharging Facilities.

(2) The Minister of Climate, Energy and Environment shall consult in advance with the Special Metropolitan City Mayor, the competent Metropolitan City Mayor or the head of the competent Si/Gun, whenever he or she intends to apportion the pollution load or determine the permissible discharge load pursuant to paragraph (1). <Amended on Oct. 1, 2025>

(3) The Special Metropolitan City Mayor, each Metropolitan City Mayor and the head of each Si/Gun shall, whenever he or she intends to apportion the pollution load or determine the permissible discharge load pursuant to paragraph (1), consult with interested parties in advance.

(4) A person who has the pollution load apportioned or has the permissible discharge load determined pursuant to paragraph (1) (excluding those who shall install measuring instruments in accordance with Article 38-2 of the Water Environment Conservation Act) shall install and operate instruments for measuring the pollution load and the discharge load in his or her business establishment, as prescribed by Decree of the Ministry of Climate, Energy and Environment, and shall keep and preserve the records of the results of measurements. <Amended on Jan. 17, 2017; Oct. 1, 2025>

(5) The Minister of Climate, Energy and Environment or a Special Metropolitan City Mayor, each Metropolitan City Mayor and the head of each Si/Gun may order a person to whom the pollution load has been apportioned or for whom the permissible discharge load has been determined pursuant to paragraph (1) to submit a report or data necessary for confirming whether the pollution load apportioned or the permissible discharge load determined has been complied with and may assign appropriate public officials to enter the relevant facility or business establishment to collect pollutants or inspect relevant documents, facilities, and equipment. Each public official who makes such entry and inspection shall carry an identification certificate showing his or her authority with him or her and produce it to related parties. <Amended on Oct. 1, 2025>

(6) The Minister of Climate, Energy and Environment or a Special Metropolitan City Mayor, each Metropolitan City Mayor and the head of each Si/Gun may order a business operator who discharges pollutants in excess of the pollution load apportioned or the permissible discharge load determined pursuant to paragraph (1) to take necessary measures such as improvement of facilities for the prevention of pollution. <Amended on Oct. 1, 2025>

(7) A person who is ordered to take measures pursuant to paragraph (6) shall submit an improvement plan to the Minister of Climate, Energy and Environment or the Special Metropolitan City Mayor, the competent Metropolitan City Mayor or the head of the competent Si/Gun, as prescribed by Decree of the Ministry of Climate, Energy and Environment, and shall report his or her performance to the Minister of Climate, Energy and Environment or the Special Metropolitan City Mayor, the competent Metropolitan City Mayor or the head of the competent Si/Gun without delay when he or she completes the performance as ordered. <Amended on Oct. 1, 2025>

(8) If a person who is ordered to take measures pursuant to paragraph (6) fails to perform such order, or continues to exceed the pollution load apportioned or the determined permissible discharge load determined pursuant to paragraph (1) even though he or she has performed such order within the given period, the Minister of Climate, Energy and Environment or the Special Metropolitan City Mayor, the competent Metropolitan City Mayor, or the head of the competent Si/Gun may order such person to suspend the operation of the relevant facility at issue completely or partially for a period of not more than 6 months or to close down the relevant facility. In such cases, an order to close down a facility shall be issued only where deemed impossible to lower pollutants even by improving or supplementing the facility to the pollution load apportioned or the permissible discharge load determined. <Amended on Oct. 1, 2025>

(9) The criteria for issuing an order to suspend the operation of a facility or close down a facility pursuant to paragraph (8) shall be prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Oct. 1, 2025>

[This Article Added on May 31, 2010]

Article 8-5(Penalty surcharge for excess total pollution load) #

(1) The Minister of Climate, Energy and Environment or the Special Metropolitan City Mayor, each Metropolitan City Mayor and the head of each Si/Gun shall levy and collect a penalty surcharge for excess total pollution load (hereinafter referred to as "penalty surcharge for excess total pollution load") from a person that has discharged pollutants in excess of the pollution load apportioned or the permissible discharge load determined pursuant to Article 8-4(1). <Amended on Jan. 27, 2016; Oct. 1, 2025>

(2) Where it is intended to levy a penalty surcharge for excess total pollution load pursuant to paragraph (1) but a charge for discharge under Article 15(1) of the Act on the Integrated Control of Pollutant-Discharging Facilities or Article 41 of the Water Environment Conservation Act or a penalty surcharge under Article 12 of the Act on Control and Aggravated Punishment of Environmental Offenses, etc. (limited to penalty surcharges levied on water quality) has already been levied in relation to the relevant pollutant, the amount equivalent thereto shall be deducted from such penalty surcharge for excess total pollution. <Amended on Jan. 28, 2014; Dec. 22, 2015; Jan. 27, 2016; Jan. 17, 2017>

(3) A penalty surcharge for excess total pollution load shall be calculated by multiplying the benefit from excess discharge (referring to costs and expenses that a person does not need to pay for the disposal of pollutants by discharging pollutants more than permitted) by the levy factor applicable to each excess rate, the levy factor applicable to each region, and the levy factor applicable to the frequency of violations, but more specific method of calculation and other necessary matters shall be prescribed by Presidential Decree. <Amended on Jan. 27, 2016>

(4) Where a person obligated to pay a penalty surcharge for excess total pollution load in accordance with paragraph (1) fails to pay it by the payment deadline, an additional charge shall be collected. <Amended on Jan. 27, 2016>

(5) Article 47-4 of the Framework Act on National Taxes shall apply mutatis mutandis to an additional charge under paragraph (4). <Amended on Nov. 26, 2019>

(6) The penalty surcharge for excess total pollution load and the additional charge under paragraph (4) shall be accounted for revenue for the special accounts for environmental improvement under the Framework Act on Environmental Policy. <Amended on Jan. 27, 2016; May 18, 2021>

(7) The Minister of Climate, Energy and Environment may pay collection expenses from some of penalty surcharges for excess total pollution load and additional charges levied and collected by the Special Metropolitan City Mayor, each Metropolitan City Mayor and the head of each Si/Gun, as prescribed by Presidential Decree. <Amended on Jan. 27, 2016; Oct. 1, 2025>

(8) Where a person obligated to pay a penalty surcharge for excess total pollution load and an additional charge fails to pay the charges by the deadline given for the payment, the Minister of Climate, Energy and Environment or the Special Metropolitan City Mayor, the competent Metropolitan City Mayor or the head of the competent Si/Gun shall collect the charges in the same manner as delinquent national taxes or in accordance with the Act on the Collection of Local Administrative Penalty Charges. <Amended on Aug. 6, 2013; Jan. 27, 2016; Mar. 24, 2020; Oct. 1, 2025>

[This Article Added on May 31, 2010]

[Title Amended on Jan. 27, 2016]

Article 8-6(Penalty surcharge) #

(1) The Minister of Climate, Energy and Environment or the Special Metropolitan City Mayor, each Metropolitan City Mayor and the head of each Si/Gun may levy a penalty surcharge not exceeding 300 million won on a person who has discharged pollutants in excess of the pollution load apportioned or the permissible discharge load determined pursuant to Article 12(1) instead of the suspension of business operation, where it is intended to order the person to suspend his or her business operation pursuant to Article 8-4(8) but the specific case falls under any of the following subparagraphs; provided, no penalty discharge shall be levied instead of the suspension of business operation in the cases specified by Decree of the Ministry of Climate, Energy and Environment: <Amended on May 26, 2020; Oct. 1, 2025>

1. Where it is anticipated to bring about a significant trouble to the local residents' livelihood;

2. Where the Minister of Climate, Energy and Environment finds that it seriously affects the national economy, such as employment and prices;

3. Where the Minister of Climate, Energy and Environment finds it necessary for public interest otherwise.

(2) Necessary matters concerning the amount of a penalty surcharge to be levied according to the degree of an offense pursuant to paragraph (1) shall be prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Oct. 1, 2025>

(3) The Minister of Climate, Energy and Environment or the Special Metropolitan City Mayor, each Metropolitan City Mayor and the head of each Si/Gun may aggravate or mitigate a penalty surcharge by not more than one half of the amount of the penalty surcharge under paragraph (2), taking into consideration the size of each business establishment, the details of business activities, the degree and frequency of offenses, etc.; provided, even in cases of aggravation, the total amount of a penalty surcharge shall not exceed 300 million won. <Amended on Oct. 1, 2025>

(4) As to the procedure for the collection of penalty surcharges, Article 8-5(6) through (8) shall apply mutatis mutandis.

[This Article Added on May 31, 2010]

Article 8-8(Sanctions against non-performance of total pollution load control) #

(1) Where any City/Do or Si/Gun (excluding a Gun within the jurisdiction of a Metropolitan City; hereinafter the same shall apply) has discharged pollutants in excess of the pollution load apportioned pursuant to Article 8-2(1)2 or has not formulated or implemented the basic plan or the action plan without any extenuating grounds, the head of the related administrative agency shall not grant approval or permission to the City/Do, or the Si/Gun for any of the following activities:

1. Execution of an urban development project under Article 2(1)2 of the Urban Development Act;

2. Development of an industrial complex under subparagraph 5 of Article 2 of the Industrial Sites and Development Act;

3. Development of a tourist destination or a tourism complex under subparagraph 6 or 7 of Article 2 of the Tourism Promotion Act;

4. Construction of a building or facility not smaller than the size specified by Presidential Decree.

(2) Where the head of a relevant administrative agency violates paragraph (1) or the head of a local government fails to comply with a request under Article 8-3(6), the Minister of Climate, Energy and Environment or the head of the relevant administrative agency may take any of the following measures: <Amended on Jan. 28, 2014; Jan. 17, 2017; Oct. 1, 2025>

1. Suspension or curtailment of financial support or other necessary financial measures;

2. Restriction on the installation or alteration of a wastewater discharge facility under subparagraph 10 of Article 2 of the Water Environment Conservation Act.

(3) Where the Minister of Climate, Energy and Environment imposes a restriction pursuant to paragraph (2)2, he or she shall publicly notify the facilities and areas subject to the restriction. In such cases, Article 8 of the Framework Act on the Regulation of Land Use shall apply mutatis mutandis to the public notice. <Amended on Oct. 1, 2025>

[This Article Added on May 31, 2010]

Article 11(Resident support programs) #

(1) Each management authority shall formulate and implement a plan for programs for supporting residents or areas falling under any of the following subparagraphs (hereinafter referred to as the "resident support programs"); in such cases, the programs shall be subject to prior deliberation by the Han River Watershed Management Committee under Article 24: <Amended on Dec. 31, 2008; Jan. 28, 2014; Oct. 1, 2025>

1. Areas under water-source management and residents in such area;

1-2. Owners of land, buildings, etc. in an area under water-source management who are living in the Si/Gun/Autonomous Gu (hereinafter referred to as "Si/Gun/Gu") having jurisdiction over the relevant area under water-source management and villages in which such residents are living;

2. Areas recognized by the Minister of Climate, Energy and Environment within the Han River basin, in which the annual average water quality has been maintained within the standards prescribed by Presidential Decree by residents' voluntary efforts for more than a period specified by Decree of the Ministry of Climate, Energy and Environment;

3. Areas of Sis/Guns/Gus having jurisdiction over areas under water-source management and meeting the criteria that are prescribed by Decree of the Ministry of Climate, Energy and Environment in consideration of the size, population, etc. of the areas under water-source management.

(2) The types of resident support programs shall be as follows: <Amended on Dec. 31, 2008>

1. Programs to increase income, such as assistance in installing facilities related to agriculture, forestry, or the livestock industry and organic farming;

2. Programs to improve welfare, such as assistance in installing facilities for convenience of residents;

3. Educational programs, such as the supply of instruments and materials for education;

4. Programs to assist the installation and improvement of facilities for purifying pollutants and sewerage systems prescribed by Presidential Decree;

5. Assistance in the resettlement or occupational change of people who are deemed to have difficulties in maintaining their livelihood with their trade due to the restriction on activities under Article 7(3)2 of the Water Supply and Waterworks Installation Act as a result of the designation of an area under water-source management;

6. Other direct or indirect supporting programs prescribed by Presidential Decree, such as subsidization of improvements to residences.

(3) Necessary matters concerning the formulation, implementation procedures, detailed contents of a plan for the resident support programs, the criteria for the allocation of financial resources, and the scope of residents or areas eligible for the resident support programs shall be prescribed by Presidential Decree. <Amended on Dec. 31, 2008; Jan. 28, 2014>

(4) With respect to the resident support programs, Articles 9 and 10 of the Water Supply and Waterworks Installation Act shall not apply. <Amended on Dec. 31, 2008>

[This Article Wholly Amended on Aug. 3, 2007]

Article 14(Expropriation of land, things or rights) #

(1) A person that conducts business to create riparian ecological belts under Article 4-3 or a person that carries out a water quality improvement project referred to in Article 13 (hereinafter referred to as "person carrying out business") may expropriate or use land, things or rights under the Act on Acquisition of and Compensation for Land, etc. for Public Works. <Amended on Jan. 28, 2014>

(2) Where the Minister of Climate, Energy and Environment publishes an implementation plan for riparian ecological belts formulated under Article 4-3 or the Minister of Climate, Energy and Environment approves a plan for a water quality improvement project pursuant to Article 13, it shall be deemed that the project has been approved and publicly notified pursuant to Articles 20 (1) and 22 of the Act on Acquisition of and Compensation for Land, etc. for Public Works, and a petition for adjudication may be filed during the period specified for the implementation of the project in the project plan, notwithstanding Articles 23 (1) and 28 (1) of that Act. <Amended on Jan. 28, 2014; Oct. 1, 2025>

(3) In cases falling under any of the following subparagraphs, the Minister of Climate, Energy and Environment, the Special Metropolitan City Mayor, Metropolitan City Mayors, or the heads of Sis/Gus shall notify the persons concerned of the matters classified in the following subparagraphs without delay as prescribed by Presidential Decree: <Amended on Jan. 28, 2014; Oct. 1, 2025>

1. The Minister of Climate, Energy and Environment: Where he or she has published an implementation plan for riparian ecological belts under Article 4-3, the details thereof;

2. Special Metropolitan City Mayor, Metropolitan City Mayors and the heads of Sis/Guns: Where the Minister of Climate, Energy and Environment has approved a plan for a water quality improvement project under Article 13, the details thereof.

(4) The Central Land Tribunal shall have jurisdiction over the adjudication on the expropriation of land, things or rights under paragraph (1). <Amended on Jan. 28, 2014>

(5) Except as otherwise provided for in this Act, the Act on Acquisition of and Compensation for Land, etc. for Public Works shall apply mutatis mutandis to the expropriation or use under paragraph (1).

[This Article Wholly Amended on Aug. 3, 2007]

[Title Amended on Jan. 28, 2014]

Article 15(Constructive authorization, permission, etc.) #

(1) Where the Minister of Climate, Energy and Environment publishes an implementation plan for riparian ecological belts or approves a plan for water quality improvement project, the project implementer shall be deemed to have received the permission, designation, approval, authorization, cancellation, etc. in the following (hereinafter referred to as "authorization, permission, etc.") regarding matters on which the Minister has consulted in advance with the heads of relevant administrative agencies: <Amended on Dec. 27, 2007; Mar. 21, 2008; Jun. 9, 2009; Apr. 15, 2010; May 31, 2010; Jan. 14, 2014; Jan. 28, 2014; Dec. 27, 2016; Dec. 27, 2022; Jan. 30, 2024; Oct. 1, 2025>

1. Permission for development activities under Article 56(1) of the National Land Planning and Utilization Act;

2. Permission for the implementation of a river project under Article 30 of the River Act and permission for the occupation and use of a river under Article 33 of that Act;

3. Permission for implementation of a road project under Article 36 of the Road Act and permission for the occupation and use of a road under Article 61 of that Act;

4. Permission to open a private road under Article 4 of the Private Road Act;

5. Approval of the installation of a waste disposal facility under Article 29(2) of the Wastes Control Act;

6. Authorization for a general waterworks project under Articles 17 and 49 of the Water Supply and Waterworks Installation Act and authorization for exclusive waterworks installation under Articles 52 and 54 of that Act;

7. Approval of a framework plan for sewerage management under Article 6(1) of the Sewerage Act and permission for the execution of construction works for a public sewerage project under Article 16 of that Act;

8. Authorization for the installation of a public sewerage system (limited to a waste treatment plant) under Article 11 of the Sewerage Act;

9. Permission for occupation and use of a public park under Article 23 of the Natural Parks Act;

10. Permission for conversion of farmland under Article 34 of the Farmland Act;

11. Permission for, and reporting on, the conversion of a mountainous district under Articles 14 or 15 of the Management of Mountainous Districts Act; permission for, and reporting on, the temporary use of a mountainous district under Article 15-2 of that Act; permission for the extraction of soil and rocks (limited to stones) under Article 25 of that Act; permission for, and reporting on, the felling of standing trees, etc. under Article 36(1) or (5) of the Creation and Management of Forest Resources Act; permission for, and reporting on, activities within a reserved forest (excluding a forest genetic resources protection zone) under Articles 9(1) and (2)1 or 2 of the Forest Protection Act; and the cancellation of the designation of a reserved forest under Article 11(1)1 of that Act;

12. Permission to cut trees under Article 14 of the Work against Land Erosion or Collapse Act and the cancellation of the designation of an erosion control area under Article 20 of that Act;

13. Permission to develop grassland under Article 5 of the Grassland Act and permission for the conversion of grassland under Article 23 of that Act;

14. Permission to use infrastructure for agricultural production or water for any purpose other than its original one under Article 23 of the Rearrangement of Agricultural and Fishing Villages Act;

15. Permission for the relocation of an abandoned grave land under Article 27(1) of the Act on Funeral Services;

16. Permission for the occupation and use of public waters under Article 8 of the Public Waters Management Act; the license for the reclamation of public waters under Article 28 of that Act; and the approval of an implementation plan for the reclamation of public waters under Article 38 of that Act;

17. Deleted. <Apr. 15, 2010>

(2) When the Minister of Climate, Energy and Environment publishes an implementation plan for riparian ecological belts under Article 4-3 or approves a plan for water quality improvement project under Article 13, he or she shall consult with the heads of relevant administrative agencies in advance, where the plan includes matters falling under any subparagraph of paragraph (1). <Amended on Jan. 28, 2014; Oct. 1, 2025>

(3) Except as provided in paragraphs (1) and (2), Articles 24 through 26 of the Framework Act on Administration and Article 20(2) of the Administrative Procedures Act shall apply mutatis mutandis to the standards and effects of the constructive authorization, permission, etc. and the integrated public notice, etc. of processing standards and procedures. In such cases, "disposition standards" in Article 20(2) of the Administrative Procedures Act shall be construed as "processing standards and procedures" and "publication" shall be construed as "public notice". <Amended on Jan. 30, 2024>

(4) Deleted. <Jan. 30, 2024>

(5) Deleted. <Jan. 30, 2024>

[This Article Wholly Amended on Aug. 3, 2007]

Article 19(Levying and collection of water use charges) #

(1) In order to raise funds for programs for supporting residents and water quality improvement projects, each waterworks business operator shall levy and collect a charge in proportion to water consumption (hereinafter referred to as "water use charge"), as prescribed by Presidential Decree, from each end user to whom raw water drawn from public waters specified by Presidential Decree is supplied as is or as purified and shall transfer the charge to the Han River Watershed Management Fund under Article 20; provided, the foregoing shall not apply to any of the following cases:

1. Where an end user resides in a water-source management area;

2. Where such water is used for maintaining the water level of a river.

(2) A person under any of the following subparagraphs shall, when he or she draws water from public waters specified by Presidential Decree, pay the water use charge directly to the Han River Watershed Management Fund under Article 20 in proportion to the volume of raw water he or she draws, as prescribed by Presidential Decree:

1. A person who has exclusive waterworks installed pursuant to subparagraph 11 of Article 3 of the Water Supply and Waterworks Installation Act;

2. A person who uses water from a river under Article 50(1) of the River Act.

(3) Notwithstanding paragraph (2)2, a person falling under any of the following subparagraphs shall be exempted from the levying of the water use charge:

1. An electric source developer under Article 3 of the Electric Source Development Promotion Act who operates a Dam for power generation;

2. A person who uses, for agriculture, water from a river.

(4) Each waterworks business operator shall submit data necessary for the calculation and forecasting of the water use charge, such as intake volume, supplied volume, and loss rate, to the Han River Watershed Management Committee under Article 24, as prescribed by Presidential Decree.

(5) Necessary matters concerning the methods for the calculation, levying, and collection of the water use charge and the payment procedure shall be prescribed by Presidential Decree.

(6) A person who uses water from a river under paragraph (2)2 may have the water use charge abated or exempted, as prescribed by Presidential Decree.

(7) If a person obligated to pay the water use charge fails to pay the water use charge, the competent waterworks business operator may collect the charge in the same manner as delinquent local taxes are collected. In such cases, if a waterworks business operator is not a local government, collection may be entrusted to the head of the local government having the jurisdiction over the area, as prescribed by Presidential Decree.

(8) If a person under any subparagraph of paragraph (2) fails to pay the water use charge to the Han River Watershed Management Fund under Article 20, the Minister of Climate, Energy and Environment may collect the charge in the same manner as delinquent national taxes are collected. <Amended on Oct. 1, 2025>

(9) The Minister of Climate, Energy and Environment shall transfer the water use charges collected pursuant to paragraph (8) to the Han River Watershed Management Fund under Article 20. <Amended on Oct. 1, 2025>

(10) As to the compulsory collection of water use charge under paragraph (7), Article 68(2) and (3) of the Water Supply and Waterworks Installation Act shall apply mutatis mutandis.

(11) As to the areas subject to the levying and collection of water use charges, Articles 9, 10, and 11 of the Water Supply and Waterworks Installation Act shall not apply.

[This Article Wholly Amended on Aug. 3, 2007]

Article 24(Establishment of Han River Watershed Management Committee) #

(1) The Han River Watershed Management Committee (hereinafter referred to as the "Committee") shall be established in order to discuss and adjust the following matters for controlling the quality of water sources in the Han River basin:

1. The comprehensive plan for reducing pollutants for the improvement of water quality of the Han River basin;

2. Matters concerning the establishment of the basic plan for the management of riparian zones;

3. Matters concerning the levying and collection of water use charges;

4. Matters concerning the operation and management of the Fund;

5. Other matters prescribed by Presidential Decree.

(2) The Committee shall be a legal entity.

(3) The Committee shall be chaired by the Vice Minister of Climate, Energy and Environment, and committee members shall be the following persons: <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 31, 2020; Jun. 7, 2023; Oct. 1, 2025>

1. Persons in charge of river management who are appointed by the Minister of Climate, Energy and Environment, from among public officials in general service belonging to the Senior Executive Service in the Ministry of Climate, Energy and Environment;

2. The Deputy Mayor or Deputy Governor of Seoul Special Metropolitan City, Incheon Metropolitan City, Gyeonggi-do, Gangwon Special Self-Governing Province, and Chungcheongbuk-do (referring to a person appointed by the competent Mayor/Do Governor, if such local government has two or more deputy mayors or deputy governors);

3. The president of the Korea Water Resources Corporation under the Korea Water Resources Corporation Act;

4. Electric source developers under Article 3 of the Electric Source Development Promotion Act who operate a Dam for power generation.

(4) The chairperson shall represent the Committee and shall have overall control over the affairs of the Committee.

(5) Local governments relevant to the Han River basin shall comply with decisions made by the Committee.

(6) The Committee may have a secretariat that assists the Committee in carrying out its affairs, as prescribed by Presidential Decree.

(7) Except as provided for in this Act, the provisions regarding incorporated associations in the Civil Act shall apply mutatis mutandis to the Committee.

(8) Matters concerning the operation of the Committee and other necessary matters shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Aug. 3, 2007]

Article 32(Administrative fines) #

(1) Any of the following persons shall be subject to an administrative fine not exceeding ten million won: <Added on May 31, 2010; Jan. 28, 2014>

1. A person who uses pesticides or fertilizers in violation of Article 6-2(1);

1-2. A person who fails to install or operate a measuring instrument under Article 8-4(4);

2. A person who fails to keep or preserve records of the results of measurements under Article 8-4(4) or who keeps or preserves false records of such results;

3. A person who rejects, interferes with, or evades the entry and inspection of a relevant public official under Article 8-4(5).

(2) A person who falls under any of the following subparagraphs shall be punished by an administrative fine not exceeding five million won: <Amended on May 31, 2010; Jan. 28, 2014>

1. A person who fails to submit a report under Article 8-4(5) or makes a false representation in such report or who fails to submit data or submits false data;

2. A person who fails to submit an improvement plan under Article 8-4(7) or makes a false representation in such plan or fails to submit a report on the performance of an order or makes a false representation in such a report;

3. A person who fails to register additionally under Article 11-2(2) or register additionally by false or other unjust methods;

4. Deleted; <Nov. 28, 2017>

5. Deleted; <Nov. 28, 2017>

6. Deleted; <Nov. 28, 2017>

7. A person who fails to conduct an inspection or to take a measure in accordance with Article 15-3(1) or who fails to preserve records or preserves false records;

8. A person who fails to submit data under Article 15-3(2) or submits false data.

(3) Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of Climate, Energy and Environment, or the Special Metropolitan City Mayor, each Metropolitan City Mayor, and the head of each Si/Gun. <Amended on Dec. 31, 2008; May 31, 2010; Oct. 1, 2025>

(4) Deleted. <Dec. 31, 2008>

(5) Deleted. <Dec. 31, 2008>

[This Article Added on Aug. 3, 2007]

ACT ON THE IMPROVEMENT OF WATER QUALITY AND SUPPORT FOR RESIDENTS OF THE HAN RIVER BASIN

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Scope of application) #

Article 4(Designation and cancellation of riparian zones) #

Article 4-2(Establishment and implementation of basic plans for management of riparian zones) #

Article 4-3(Formulation and implementation of implementation plans for riparian ecological belts) #

Article 5(Restriction on activities within riparian zones) #

Article 6(Restriction on polluting activities in lower reaches of Paldang Dam) #

Article 6-2(Management of water pollutants in rivers) #

Article 7(Purchase of land) #

Article 8(Formulation of basic policy on total pollution load control) #

Article 8-2(Establishment of basic plan for the total pollution load control) #

Article 8-3(Formulation and implementation of action plan for total pollution load control) #

Article 8-4(Apportionment of pollution load to business establishments) #

Article 8-5(Penalty surcharge for excess total pollution load) #

Article 8-6(Penalty surcharge) #

Article 8-7(Limitations on permission) #

Article 8-8(Sanctions against non-performance of total pollution load control) #

Article 9(Exemption from application of restriction on activities) #

Article 10(Preferential subsidization for costs and expenses for total pollution load control) #

Article 11(Resident support programs) #

Article 11-2(Management of real estate acquired through resident support programs) #

Article 11-3(Request for and processing of data) #

Article 11-4(Support for environment-friendly clean projects) #

Article 12(Technical and financial support) #

Article 12-2(Subsidization for operation of facilities for prevention of water pollution) #

Article 13(Projects for improvement of water quality) #

Article 14(Expropriation of land, things or rights) #

Article 15(Constructive authorization, permission, etc.) #

Article 15-2 #

Article 15-3(Management of culverts or conduits) #

Article 15-4(Area subject to restriction on installation of waste landfill facilities) #

Article 16(Establishment of special account for improvement of water quality) #

Article 17(Revenue and expenditure of special account) #

Article 18(Special measures for financing) #

Article 19(Levying and collection of water use charges) #

Article 20(Establishment of Han River watershed management fund) #

Article 21(Financial resources of Fund) #

Article 22(Purposes of use of fund) #

Article 23(Operation and management of fund) #

Article 24(Establishment of Han River Watershed Management Committee) #

Article 24-2(Establishment of council for policy on conservation of water quality in special measure areas) #

Article 25(Authorities responsible for accounting of fund) #

Article 26(Establishment of exclusively responsible organization) #

Article 27(Assistance in non-governmental organizations' activities for surveillance of water quality) #

Article 28(Request for improvement) #

Article 28-2(Hearing) #

Article 29(Delegation and entrustment of authority) #

Article 29-2(Legal fictions as public officials in application of penalty provisions) #

Article 30(Penalty provisions) #

Article 31(Joint penalty provisions) #

Article 32(Administrative fines) #