Article 77(Delegation or entrustment) #
(1) Pursuant to Article 72(1) of the Act, the Minister of Climate, Energy and Environment shall delegate the following authority to the heads of regional environmental agencies and offices: <Amended on Nov. 29, 2016; Nov. 27, 2018; Dec. 31, 2019; May 12, 2020; Oct. 1, 2025; Oct. 21, 2025>
1. Issuing an order to suspend construction works, reinstate the site, or take other necessary measures or requesting to issue such order prescribed in Article 34(4) of the Act (including where applicable mutatis mutandis under Article 52-3(7)1 of the Act);
2. Receiving notices for designating a manager prescribed in Article 35(3) of the Act (including where applicable mutatis mutandis under Article 52-3(7)1 of the Act);
3. Receiving and reviewing the notice of the results of the follow-up survey of environmental impact prescribed in Article 36 of the Act (including where applicable mutatis mutandis under Article 52-3(7)1 of the Act);
4. Receiving notice of the commencement, etc. of a project prescribed in Article 37(1) of the Act (including where applicable mutatis mutandis under Article 52-3(7)1 of the Act);
5. Receiving notice of the progress of performance of agreed terms and conditions and the ground for succession prescribed in Article 38(2) of the Act (including where applicable mutatis mutandis under Article 52-3(7)1 of the Act);
6. Requesting to submit data or entering a place of business to conduct an inspection prescribed in Article 39(2) of the Act (including where applicable mutatis mutandis under Article 52-3(7)1 of the Act);
7. Receiving the results of ascertaining fulfillment of agreed terms and conditions and ascertaining fulfillment thereof prescribed in Article 39(3) of the Act (including where applicable mutatis mutandis under Article 52-3(7)1 of the Act);
8. Ascertaining whether the agreed standards prescribed in Article 40(3) of the Act (including where applicable mutatis mutandis under Article 52-3(7)1 of the Act) have been complied with;
8-2. Issuing an order to suspend construction works, reinstate the site, or take other necessary measures prescribed in Article 40(4) of the Act (including where applicable mutatis mutandis under Article 52-3(7)1 of the Act);
9. Receiving notice of an order issued by the head of the approving agency to take measures or to suspend construction works under Article 40(5) of the Act (including where applicable mutatis mutandis under Article 52-3(7)1 of the Act) or notice of implementation of measures by the project implementer under that paragraph;
9-2. Imposition and collection of penalty surcharges under Article 40-2(1) of the Act (including where applicable mutatis mutandis under Article 52-3(7)1 of the Act);
9-3. Issuing an order to take measures and the requests therefor under Article 41(3) of the Act;
10. Issuing an order to suspend construction works or take other necessary measures or requesting to issue such order prescribed in Article 47(3) of the Act (including where applicable mutatis mutandis under Article 52-3(7)2 of the Act);
11. Receiving notice of the commencement, etc. of a project prescribed in Article 48 of the Act (including where applicable mutatis mutandis under Article 52-3(7)2 of the Act);
12. Requesting to submit data, ascertaining the fulfillment of agreed terms and conditions, or issuing an order to take measures under Article 49 of the Act (including where applicable mutatis mutandis under Article 52-3(7)2 of the Act);
13. Canceling registration or issuing an order to suspend business operations prescribed in Article 58 of the Act;
14. Issuing an order to submit a report or data or conducting an inspection prescribed in Article 60 of the Act;
14-2. Revoking or suspending the recognition of an environment impact assessment engineer prescribed in Article 62-4 of the Act;
15. Revoking or suspending qualifications prescribed in Article 65 of the Act;
16. Holding hearings prescribed in Article 67 of the Act;
17. Imposing and collecting an administrative fine prescribed in Article 76 of the Act;
18. The following authority with respect to any of the projects specified in Appendix 9:
a. Forming and operating the environmental impact assessment council prescribed in Article 8 of the Act (excluding affairs related to the adjustment of agreed terms and conditions prescribed in Article 31 of the Act);
b. Receiving draft strategic environmental impact assessment reports prescribed in Article 12(2) of the Act and presenting opinions thereon;
c. Receiving strategic environmental impact assessment reports prescribed in Article 16 of the Act;
d. Reviewing, amending, rejecting, and re-reviewing strategic environmental impact assessment reports prescribed in Article 17 of the Act;
e. Giving notice of agreed terms and conditions of strategic environmental impact assessment reports prescribed in Article 18 of the Act;
f. Receiving notice of the results of measures taken or plans for taking measures prescribed in Article 19 of the Act and consulting with the head of the competent administrative agency thereon;
g. Re-consulting on strategic environmental impact assessment reports prescribed in Article 20 of the Act;
h. Consulting on amendments to strategic environmental impact assessment reports prescribed in Article 21 of the Act;
i. Determining and giving notice of the items, scope, etc. of assessment conducted under Article 24(3) or (4) of the Act;
j. Receiving draft environmental impact assessment reports prescribed in Article 25(2) of the Act and presenting opinions thereon;
k. Consulting on environmental impact assessment reports prescribed in Article 27 of the Act;
l. Reviewing, amending, adjusting, and rejecting environmental impact assessment reports prescribed in Article 28 of the Act;
m. Giving notice of agreed terms and conditions prescribed in Article 29 of the Act;
n. Receiving notice of the results of reflection of agreed terms and conditions prescribed in Article 30 of the Act (including where applicable mutatis mutandis under the provisions, with the exception of the subparagraphs, of Article 52-3(7) of the Act) and requesting to reflect agreed terms and conditions;
o. Re-consulting on environmental impact assessment reports prescribed in Article 32 of the Act;
p. Consulting on amendments to environmental impact assessment reports prescribed in Article 33 of the Act;
q. Deleted; <Oct. 21, 2025>
r. Requesting re-assessment under Article 41(1) of the Act;
s. Receiving mini environmental impact assessment reports prescribed in Article 44(2) of the Act;
t. Giving notice of agreed terms and conditions of mini environmental impact assessment reports prescribed in Article 45(1) of the Act;
u. Amending, adjusting, rejecting, or re-reviewing mini environmental impact assessment reports or relevant project plans prescribed in Article 45(3) through (5) of the Act;
v. Receiving notice of the results of reflection of agreed terms and conditions prescribed in Article 46(2) of the Act and requesting to reflect agreed terms and conditions;
w. Submitting opinions under Article 46-2(3) of the Act;
x. Receiving notice of the results of reflection of the plan for environmental conservation under Article 46-2(4) of the Act and requesting the reflection of the plan for environmental conservation;
y. Receiving requests to determine whether an environmental impact assessment may be conducted in accordance with the summary process under Article 51(3) or (4) of the Act and giving notice of the results thereof;
z. Giving notice of opinions, where the opinion presented under Article 52(1) or (2) of the Act differs from agreed terms and conditions;
aa. Giving notice of an opinion prescribed in Article 52(3) of the Act;
ab. Receiving environmental impact assessment reports prescribed in Article 52(4) of the Act;
ac. Determining whether a project is subject to in-depth assessment under Article 52-2(1) of the Act;
ad. Submitting opinions under Article 52-2(2) of the Act;
ae. Receiving a request for determination of whether a project is subject to expedited assessment under Article 52-3(1) of the Act;
af. Determining whether a project is subject to expedited assessment, notifying the results, and disclosing the results of the collection of opinions from residents, etc. and whether such opinions have been reflected, under Article 52-3(2) of the Act;
ag. Submitting opinions under Article 52-3(5) of the Act;
ah. Disclosing environmental impact assessment reports, etc. under Article 66(1) of the Act;
ai. Receiving a request for non-disclosure of environmental impact assessment reports, etc. and taking measures thereon under Article 66(2) of the Act;
aj. Publicly announcing violations of consultation on environmental impact assessment under Article 66-2 of the Act.
(2) Pursuant to Article 72(2) of the Act, the Minister of Climate, Energy and Environment shall entrust the following administrative affairs to the institutions designated and publicly notified under paragraphs (3) and (4): <Amended on Nov. 29, 2016; May 12, 2020; Oct. 1, 2025>
1. Registering environmental impact assessment businesses prescribed in Article 54 of the Act and of amendments thereto;
1-2. Receiving reports on succession to rights and obligations prescribed in Article 56-2(2) of the Act;
2. Receiving reports on permanent or temporary closure of business prescribed in Article 57 of the Act;
3. Receiving reports from environmental impact assessment agents prescribed in Article 60 of the Act;
4. Receiving reports from environmental impact assessment agents on the performance of environmental impact assessments prescribed in Article 61 of the Act and publicly announcing the records of performance of each environmental impact assessment agent and the details of administrative dispositions;
4-2. Receiving applications for recognizing the applicant as an environment impact assessment engineer prescribed in Article 62-3(1) of the Act or for revising such recognition; and retaining and managing the records of work experience, etc. and issuing the certificates of work experience as an environment impact assessment engineer prescribed in Article 62-3(3) of the Act;
5. Affairs related to the qualification examinations for environmental impact assessors prescribed in Article 63 and Article 63-2 of the Act, the issuance of qualification certificates, testing, the management of qualification, etc.;
6. Establishing and operating the informatization system prescribed in Article 70(4) of the Act.
(3) The institutions to which the administrative affairs prescribed in paragraph (2) may be entrusted shall be as follows: <Amended on Nov. 29, 2016; May 23, 2023; Oct. 1, 2025>
1. The environmental impact assessment association prescribed in Article 71 of the Act;
2. The Korea Environment Conservation Institute under Article 59 of the Framework Act on Environmental Policy;
3. A government-funded research institute established pursuant to the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes or the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes;
4. A non-profit corporation incorporated with permission from the Minister of Climate, Energy and Environment prescribed in Article 32 of the Civil Act;
5. The Korea Environmental Industry and Technology Institute prescribed in the Korea Environmental Industry and Technology Institute Act;
6. The Korea Environment Corporation prescribed in the Korea Environment Corporation Act;
7. The Human Resources Development Service of Korea prescribed in the Human Resources Development Service of Korea Act.
(4) When the Minister of Climate, Energy and Environment designates an entrusted institution prescribed in paragraph (2), he or she shall publicly notify the name, address, and representative of the entrusted institution, the scope of entrusted affairs, the methods for handling such affairs, and other necessary matters. <Amended on Oct. 1, 2025>
(5) An institution entrusted with affairs prescribed in paragraph (2) shall submit a semi-annual report on the results of entrusted and handled affairs to the Minister of Climate, Energy and Environment by no later than the last day of the month immediately following the end of each half-year. <Amended on Oct. 1, 2025>
(6) Pursuant to Article 72(2) of the Act, the Minister of Climate, Energy and Environment shall entrust the following affairs to the institutions designated and publicly notified under paragraphs (7) and (8): <Added on Nov. 29, 2016; Oct. 1, 2025>
1. Providing educational and training courses for environment impact assessment engineers prescribed in Article 62-2(2) of the Act;
2. Filing an application for postponing educational or training courses prescribed in Article 69-3(2);
3. Evaluating the details of educational and training courses prescribed in Article 69-3(3);
4. Issuing a certificate of completion of an educational or training course prescribed in Article 69-3(4);
5. Collecting education and training expenses prescribed in Article 69-3(5).
(7) In order for an institution to qualify for being entrusted with affairs prescribed in paragraph (6), it shall meet all the following criteria: <Added on Nov. 29, 2016; Jan. 5, 2021; Oct. 1, 2025>
1. An institution shall fall under any of the following categories:
a. The National Institute of Environmental Human Resources Development;
b. A nonprofit corporation incorporated with permission from the Minister of Climate, Energy and Environment under Article 32 of the Civil Act;
c. A public institution prescribed in Article 4(1) of the Act on the Management of Public Institutions;
d. A government-funded research institute established pursuant to the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes or the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes;
e. A university or college defined in subparagraph 1 of Article 2 of the Higher Education Act;
2. An institution shall meet all the following requirements:
a. It shall have a class room with at least 30 seats;
b. It shall have an organization exclusively dedicated to providing educational and training programs;
c. Deleted. <Jan. 5, 2021>
(8) When the Minister of Climate, Energy and Environment designates an entrusted institution pursuant to paragraph (6), the Minister of Climate, Energy and Environment shall publicly notify the name, address, and representative of the entrusted institution and other necessary matters and shall publicly announce the plan for educational and training courses of each entrusted institution through the website of the Ministry of Climate, Energy and Environment. <Added on Nov. 29, 2016; Oct. 1, 2025>
(9) The head of each institution entrusted with affairs prescribed in paragraph (6) shall submit a report on performance of educational and training courses for work experience as an environment impact assessment engineers during the preceding year to the Minister of Climate, Energy and Environment by no later than January 15 each year. <Added on Nov. 29, 2016; Oct. 1, 2025>