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ACT ON WATER MANAGEMENT AND RESIDENT SUPPORT IN THE YEONGSAN AND SEOMJIN RIVER BASINS — 법갈피

영문법령 / ACT ON WATER MANAGEMENT AND RESIDENT SUPPORT IN THE YEONGSAN AND SEOMJIN RIVER BASINS

ACT ON WATER MANAGEMENT AND RESIDENT SUPPORT IN THE YEONGSAN AND SEOMJIN RIVER BASINS

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 water quality of the Yeongsan, Seomjin and Tamjin river systems and to ensure stable supply of clean tap water to residents by efficiently promoting the improvement of water quality of water sources, resident support business, and others and by properly managing water resources and pollutants in upstream regions of the relevant river systems. <Amended on Aug. 16, 2023>

[This Article Wholly Amended on Dec. 27, 2007]

Article 2(Definitions) #

The terms used in this Act are defined as follows: <Amended on Jul. 16, 2013; Jul. 30, 2013; Jan. 27, 2016; Jan. 17, 2017; May 18, 2021; Oct. 22, 2024>

1. "Water source" means a water source referred to in subparagraph 2 of Article 3 of the Water Supply and Waterworks Installation Act;

2. "Waterworks operator" means a waterworks operator defined in subparagraph 22 of Article 3 of the Water Supply and Waterworks Installation Act;

3. "Pollution load" means the amount of water pollutants and specific substances harmful to water quality referred to in subparagraphs 7 and 8 of Article 2 of the Water Environment Conservation Act (hereinafter referred to as "pollutant") indicated by weight;

4. "Environmental infrastructure facility" means the following facilities:

a. Sewage pipes referred to in subparagraph 6 of Article 2 of the Sewerage Act;

b. Public sewage treatment plants referred to in subparagraph 9 of Article 2 of the Sewerage Act (hereinafter referred to as "public sewage treatment plant");

c. Excreta treatment plants referred to in subparagraph 11 of Article 2 of the Sewerage Act;

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

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

f. Other facilities prescribed by Presidential Decree for the prevention of water pollution;

Article 4(Designation and cancellation of riparian zones) #

(1) In order to preserve the water quality in the Yeongsan and Seomjin river systems, the Minister of Climate, Energy and Environment shall designate and publish the following areas as riparian zones; provided, he or she shall obtain the consent of the residents of the areas in which there has been formed a tributary directly flowing into a river flowing into the relevant dams or a naturally-created village and which satisfy the criteria prescribed by Presidential Decree, as prescribed by Presidential Decree: <Amended on Oct. 1, 2025>

1. An area located that is within a distance of 500 meters from the borders of the Juam Lake, Dongbok Lake, Sangsa Lake, Sueo Lake, and dams used as water sources prescribed by Decree of the Ministry of Climate, Energy and Environment (based on the planned flood water level) and that is deemed necessary;

2. An area that is in the upstream of subparagraph 1, which is located within a distance of 500 meters from the borders of rivers flowing into the relevant dams and that is deemed necessary;

3. An area that is located within a distance of 500 meters from the borders of tributaries directly flowing into the rivers in subparagraph 2 and that is deemed necessary.

(2) When the Minister of Climate, Energy and Environment designates a riparian zone referred to in paragraph (1), he or she shall exclude any of the following areas from the riparian zone: <Amended on Apr. 14, 2011; Jan. 28, 2014; Oct. 1, 2025>

1. A water source protection area;

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

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

4. A sewage treatment area referred to in subparagraph 15 of Article 2 of the Sewerage Act;

5. An urban area referred to in subparagraph 1 of Article 6 of the National Land Planning and Utilization Act;

6. A district unit planning zone referred to in Article 51(3) of the National Land Planning and Utilization Act (limited to residential zones) and other areas prescribed by Presidential Decree.

(3) When a riparian zone designated and published under paragraph (1) (hereinafter referred to as "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 by following the procedures prescribed by Presidential Decree; provided, when an area designated as a riparian zone under paragraph (1) becomes included in a sewage treatment area referred to in subparagraph 15 of Article 2 of the Sewerage Act on any of the following grounds, he or she shall not cancel the designation of the riparian zone, notwithstanding paragraph (2): <Amended on Jan. 28, 2014; Oct. 1, 2025>

1. When all or any part of a public sewage treatment plant is installed through resident support program referred to in Article 21(1);

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

(4) When the Minister of Climate, Energy and Environment intends to designate a riparian zone, he or she shall conduct a fact-finding survey in the area by organizing a survey team that consists of public officials of the relevant central administrative agencies and the relevant local government, experts, representatives of residents, etc. and then consult with the competent Metropolitan City Mayor/Do Governor (hereinafter referred to as "Mayor/Do Governor"). <Amended on Oct. 1, 2025>

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

[This Article Wholly Amended on Dec. 27, 2007]

[Title Amended on Jan. 28, 2014]

Article 5(Restriction on activities in riparian zones) #

(1) No one shall newly install any of the following facilities in riparian zones (including the change of purpose of use; hereafter in this Article, the same shall apply): <Amended on Feb. 6, 2009; Jan. 28, 2014; Jan. 19, 2016; Jan. 17, 2017; May 18, 2021; Oct. 1, 2025>

1. A wastewater discharge facility referred to in subparagraph 10 of Article 2 of the Water Environment Conservation Act (hereinafter referred to as "wastewater discharge facility");

2. A livestock excreta-generating facility referred to in subparagraph 3 of Article 2 of the Act on the Management and Use of Livestock Excreta;

3. A facility for running any of the following business:

a. Food service business referred to in Article 36(1)3 of the Food Sanitation Act;

b. Lodging business and public bath business defined in Article 2(1)2 and 3 of the Public Health Control Act;

c. Tourist accommodation business referred to in Article 3(1)2 of the Tourism Promotion Act;

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

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

6. Any of the following facilities:

a. A facility for senior citizens referred to in Article 32(1)1 of the Welfare of Senior Citizens Act, the capacity of which is above the capacity prescribed by Decree of the Ministry of Climate, Energy and Environment;

b. A house for the welfare of senior citizens referred to in Article 32(1)3 of the Welfare of Senior Citizens Act;

c. A sanatorium for senior citizens referred to in Article 34(1)1 of the Welfare of Senior Citizens Act, the capacity of which is above the capacity prescribed by Decree of the Ministry of Climate, Energy and Environment;

7. A youth training facility referred to in subparagraph 1 of Article 10 of the Youth Activity Promotion Act;

8. A factory defined in subparagraph 1 of Article 2 of the Industrial Cluster Development and Factory Establishment Act (excluding factories for manufacturing business prescribed by Presidential Decree, such as agricultural product processing business neither using nor generating generate specific substances harmful to water quality referred to in subparagraph 8 of Article 2 of the Water Environment Conservation Act, the size of which is below a specific size prescribed by Decree of the Ministry of Climate, Energy and Environment).

(2) Notwithstanding paragraph (1), when any of the following facilities in a riparian zone is recognized not to hinder the preservation of water quality of a water source, the Minister of Climate, Energy and Environment may grant permission for the installation thereof, as prescribed by Decree of the Ministry of Climate, Energy and Environment; provided, permission for the installation of the facilities referred to in subparagraphs 2 and 3 may be granted only in areas prescribed by Decree of the Ministry of Climate, Energy and Environment within a riparian zone: <Amended on Jan. 28, 2014; Oct. 1, 2025>

1. A wastewater discharge facility temporarily installed for tunnel construction works for the construction of a road or railroad;

2. A livestock excreta-generating facility, all livestock excreta of which is treated by a public disposal facility referred to in subparagraph 9 of Article 2 of the Act on the Management and Use of Livestock Excreta;

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

4. A general waterworks referred to in subparagraph 6 of Article 3 of the Water Supply and Waterworks Installation Act.

(3) The heads of relevant administrative agencies shall neither newly designate nor change specific-use areas, districts, etc. in a riparian zone, which may trigger development activities or worsen the water quality; provided, this shall not apply where it is necessary for military purposes or there exists a special ground prescribed by Presidential Decree for the improvement of water quality, to which the Minister of Climate, Energy and Environment gives consent. <Amended on Jan. 28, 2014; Oct. 1, 2025>

(4) A manager of facilities, etc. referred to in paragraph (1)3 through 8 which has been already installed as at the time a riparian zone is designated and published shall discharge wastewater after treating it to maintain the biochemical oxygen demand and suspended solids below 10 milligrams per liter, respectively from the date on which 3 years elapse after the riparian zone is designated and published. <Amended on Jan. 28, 2014>

[This Article Wholly Amended on Dec. 27, 2007]

Article 7(Designation of water source protection areas) #

(1) When the average annual water quality of raw water taken from a water intake facility (referring only to water intake facilities for wide-area waterworks and local waterworks referred to in subparagraphs 7 and 8 of Article 3 of the water Supply and Waterworks Installation Act; hereafter the same shall apply in this Article) falls short of the standards prescribed by Presidential Decree, the Mayor/Do Governor shall, notwithstanding Article 7 of the Water Supply and Waterworks Installation Act, designate areas in compliance with the criteria for designation prescribed by Decree of the Ministry of Climate, Energy and Environment as water source protection areas among the watersheds (watershed: an area enclosed by mountain ranges in which rainwater naturally flows into the public waters referred to in subparagraph 9 of Article 2 of the Water Environment Conservation Act; hereinafter the same shall apply) in the upper region of the water intake facility; provided, this shall not apply to the watersheds of rivers, the average annual water quality of which is better than that of raw water taken from a water intake facility. <Amended on Jan. 17, 2017; Oct. 1, 2025>

(2) The method of measuring the average annual water quality referred to in paragraph (1) shall be prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Oct. 1, 2025>

(3) When a Mayor/Do Governor completes designating a water source protection area under paragraph (1), he or she shall make public notice thereof without delay, as prescribed by Presidential Decree. The same shall apply to making changes to the designation of water source protection areas.

(4) Article 8 of the Framework Act on the Regulation of Land Use shall apply to the designation, publication, etc. of water source protection areas referred to in paragraphs (1) and (3). <Added on Jan. 28, 2014>

(5) A water source protection area designated and published under paragraphs (1) and (3) shall be deemed designated and published under Article 7 of the Water Supply and Waterworks Installation Act. <Amended on Jan. 28, 2014>

[This Article Wholly Amended on Dec. 27, 2007]

Article 8(Purchase of land) #

(1) When an owner of land in any of the following areas in the Yeongsan and Seomjin river systems, or of a facility installed on such land (hereinafter referred to as "land, etc.") intends to sell the land to the State, the State may purchase it with the Yeongsan and Seomjin river systems management fund (hereinafter referred to as the "fund") referred to in Article 31 in order to utilize it for the improvement of water quality of the Yeongsan and Seomjin river systems through riparian ecological belt creation: <Amended on Jan. 28, 2014; Oct. 1, 2025>

1. A water source protection area;

2. A riparian zone;

3. An area prescribed by Decree of the Ministry of Climate, Energy and Environment for the preservation of water quality of water sources.

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

1. When purchasing land, etc. in an area for which a riparian ecological belt creation plan is formulated under Article 4-2(1)2;

2. When purchasing land, etc. of connected areas within a distance of 200 meters from the borders of rivers, lakes and marshes, which is sold by many people jointly as prescribed by Presidential Decree.

(3) The State shall neither sell the land, etc. it purchases under paragraph (1) nor change the purpose of use thereof to other purpose of use than forests and greenbelts; provided, this shall not apply when prior consultation is held with the Yeongsan and Seomjin river systems management committee referred to in Article 35.

(4) The State shall transfer revenues accruing from the land, etc. it purchases under paragraph (1) to the Fund.

(5) Procedures and priority order for the purchase of land, etc. referred to in paragraphs (1) and (2), method and timing of calculation of purchase prices and other necessary matters shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Dec. 27, 2007]

Article 9(Formulation of basic policies for total pollution load management) #

(1) The Minister of Climate, Energy and Environment shall determine and publish target water quality by river section in consideration of the status of use, conditions of water quality, etc. of the Yeongsan and Seomjin river systems, as prescribed by Presidential Decree; provided, this shall not apply to areas for which the competent Mayor/Do Governor publishes target water quality by river section for the districts under the jurisdiction of the relevant Metropolitan City/Do upon obtaining approval from the Minister of Climate, Energy and Environment, as prescribed by Presidential Decree, in an attempt to achieve the target water quality at the point of demarcation of the Metropolitan City/Do which the Minister of Climate, Energy and Environment determines and publishes. <Amended on Oct. 1, 2025>

(2) In order to achieve and maintain the target water quality determined under paragraph (1), the Minister of Climate, Energy and Environment shall establish basic policies for total pollution load management (hereinafter referred to as "basic policies for total pollution load management") after consulting with the Yeongsan and Seomjin river systems management committee referred to in Article 35 and notify the relevant Mayors/Do Governors thereof. <Amended on Oct. 1, 2025>

(3) Basic policies for total pollution load management shall include the following matters: <Amended on Jan. 27, 2016>

1. Goals of the total pollution load management;

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

3. Period of master plans for the total pollution load management prescribed in Article 10 and period of action plans for the total pollution load management prescribed in Article 11;

3-2. The following matters:

a. Kind of and the reviewing procedures for regional development plans necessary for formulating and operating masters plans for the total pollution load management prescribed in Article 10;

b. Kind of and the reviewing procedures for regional development plans necessary for formulating and operating action plans for the total pollution load management prescribed in Article 11;

4. Method of calculation of pollution load.

(4) In order to establish an information system for the efficient utilization of data to operate the total pollution load management system, the Minister of Climate, Energy and Environment may request the heads of relevant institutions, such as the relevant central administrative agencies, local governments, public institutions and government-invested institutions to submit necessary data. In such cases, the heads of relevant institutions shall comply therewith unless there exists a special ground. <Amended on Oct. 1, 2025>

(5) The Minister of Climate, Energy and Environment or Mayors/Do Governors may organize and operate a survey and research team that consists of relevant experts, etc. to review, survey and study the adjustment of pollutants subject to total pollution load management, target water quality by river section, operation of the total pollution load management system <Amended on Jan. 28, 2014; Oct. 1, 2025>

(6) Matters necessary for organizing and operating the survey and research team referred to in 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 Dec. 27, 2007]

Article 11(Formulation, implementation of action plans for total pollution load management) #

(1) Each Metropolitan City Mayor or the head of each Si/Gun (excluding heads of Guns under the jurisdiction of Metropolitan Cities; hereinafter the same shall apply) shall formulate and implement an action plan for the total pollution load management including the following matters according to the master plan for total pollution load management formulated under Article 10, as prescribed by Decree of the Ministry of Climate, Energy and Environment; provided, this shall not apply to areas in which the Minister of Climate, Energy and Environment recognizes that the target water quality referred to in Article 9(1) is achieved and maintained, as prescribed by Decree of the Ministry of Climate, Energy and Environment: <Amended on Jan. 28, 2014; Jan. 27, 2016; Oct. 1, 2025>

1. Regional development plans by year;

2. Allocation of pollution load of each local government and of each river section by year;

3. Pollution load curtailment achievement plan by year;

4. Other matters necessary for the operation of the total pollution load management system.

(2) When it is necessary for formulating an action plan for total pollution load management under paragraph (1), each Metropolitan City Mayor or the head of each Si/Gun may listen to the opinions of relevant experts and local residents. <Added on Jan. 28, 2014>

(3) When formulating an action plan for total pollution load management under paragraph (1), each Metropolitan City Mayor shall obtain approval from the head of the competent regional environmental office, as prescribed by Decree of the Ministry of Climate, Energy and Environment, whereas the head of each Si/Gun shall obtain approval as follows, as prescribed by Decree of the Ministry of Climate, Energy and Environment. The same shall apply to making changes to action plans for total pollution load management; provided, this shall not apply to the changes of minor matters prescribed by Decree of the Ministry of Climate, Energy and Environment: <Amended on Jan. 28, 2014; Oct. 1, 2025>

1. An area for which target water quality by river section is published under the main clause of Article 9(1): Approval of the head of the competent regional environmental office through the competent Do Governor;

2. An area for which target water quality by river section is published under the proviso of Article 9(1): Approval of the competent Do Governor through consultation with the head of the competent regional environmental office.

(4) Each Metropolitan City Mayor or the head of each Si/Gun shall prepare a report on the evaluation of matters performed in the preceding year in comparison to an action plan for total pollution load management referred to in paragraph (1) (hereinafter referred to as "evaluation report") and submit it to the head of the competent regional environmental office and to the Yeongsan and Seomjin river systems management committee referred to in Article 35, as prescribed by Decree of the Ministry of Climate, Energy and Environment. In such cases, the head of each Si/Gun shall submit an evaluation report through the competent Do Governor. <Amended on Jan. 28, 2014; Oct. 1, 2025>

(5) In cases of Sis/Guns exceeding the 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) When the head of a regional environmental office deems it necessary for the smooth implementation of an action plan for total pollution load management after reviewing an evaluation report submitted under paragraphs (4) and (5), he or she may request the head of the local government who prepared the relevant evaluation report to formulate and take necessary measures or countermeasures. In such cases, the head of the local government in receipt of such request shall comply therewith, unless there exists a special ground. <Amended on Jan. 28, 2014>

[This Article Wholly Amended on Dec. 27, 2007]

Article 12(Allocation of pollution load by place of business) #

(1) If necessary to achieve or maintain target water quality determined under Article 9(1), the Minister of Climate, Energy and Environment (limited to places of business prescribed by Presidential Decree; hereafter the same shall apply in this Article and Articles 13 and 14), Metropolitan City Mayors or the heads of Sis/Guns (excluding places of business prescribed by Presidential Decree; hereafter the same shall apply in this Article and Articles 13 and 14) may allocate pollution load by final outlet or by unit period or assign an amount of discharge to persons prescribed by Decree of the Ministry of Climate, Energy and Environment, who are subject to the following standards for quality of water discharged, standards for discharge permits, or standards for permissible level of discharge, as prescribed by Decree of the Ministry of Climate, Energy and Environment. In such cases, the Minister of Climate, Energy and Environment, the Metropolitan City Mayors, or the heads of Sis/Guns shall take necessary measures to inform interested persons of the details of assignment in advance: <Amended on Dec. 22, 2015; Jan. 27, 2016; 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) When the Minister of Climate, Energy and Environment intends to allocate pollution load or assign an amount of discharge under paragraph (1), he or she shall consult with the Metropolitan City Mayor or the head of the Si/Gun in advance. <Amended on Oct. 1, 2025>

(3) When the Minister of Climate, Energy and Environment, a Metropolitan City Mayor, or a head of a Si/Gun intends to allocate pollution load or assign an amount of discharge under paragraph (1), he or she shall hear the opinions of interested persons in advance. <Amended on Oct. 1, 2025>

(4) A person to whom pollution load is allocated or an amount of discharge is assigned under paragraph (1) shall attach and operate a device to measure the pollution load and amount of discharge, as prescribed by Decree of the Ministry of Climate, Energy and Environment, and shall record measurements as they are and keep such records. <Amended on Oct. 1, 2025>

(5) If necessary to confirm whether the pollution load or amount of discharge allocated or assigned under paragraph (1) is observed, the Minister of Climate, Energy and Environment, the Metropolitan City Mayors, or the heads of Sis/Guns may require persons to whom pollution load is allocated or an amount of discharge is assigned to file necessary reports or submit data and require relevant public officials to enter the relevant facilities, places of business, etc. to collect pollutants or inspect relevant documents, facilities, apparatuses In such cases, public officials making entry or conducting inspections shall carry an identification showing their authority and produce it to relevant persons. <Added on Jan. 28, 2014; Oct. 1, 2025>

(6) The Minister of Climate, Energy and Environment, the Metropolitan City Mayors, or the heads of Sis/Guns may order business entities exceeding the pollution load or the amount of discharge which is allocated or assigned under paragraph (1) to take necessary measures for the improvement of pollution prevention facilities, etc. <Amended on Jan. 28, 2014; Oct. 1, 2025>

(7) A person to whom an order for taking measures is issued under paragraph (6) shall submit an improvement plan to the Minister of Climate, Energy and Environment, a Metropolitan City Mayor, or the head of a Si/Gun, as prescribed by Decree of the Ministry of Climate, Energy and Environment, and shall, upon completing carrying out the order, report to the Minister of Climate, Energy and Environment, competent Metropolitan City Mayor or head of the competent Si/Gun thereon without delay. <Amended on Jan. 28, 2014; Oct. 1, 2025>

(8) When a person subject to an order for taking measures under paragraph (6) fails to carry out the order or is found in an inspection to continue to exceed the pollution load or amount of discharge which is allocated or assigned under paragraph (1) even after carrying out the order in due time, the Minister of Climate, Energy and Environment, the competent Metropolitan City Mayor, or the head of the competent Si/Gun may issue an order for suspension of operation of all or any part of the facilities for a period of no longer than 6 months or an order for closure of facility. In such cases, he or she shall order the closure of facility only when it is unlikely to comply with the allocated pollution load or assigned amount of discharge even after the facilities are improved or supplemented. <Amended on Jan. 28, 2014; Oct. 1, 2025>

(9) The criteria for the issuance of dispositions of suspension of operation or closure of facility referred to in paragraph (8) shall be prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Jan. 28, 2014; Oct. 1, 2025>

[This Article Wholly Amended on Dec. 27, 2007]

Article 13(Penalty surcharges for exceeding total pollution load) #

(1) The Minister of Climate, Energy and Environment, a Metropolitan City Mayor, or the head of a Si/Gun shall levy and collect a penalty surcharge (hereinafter referred to as "penalty surcharge for exceeding the total pollution load") with respect to a person who has discharged pollutants in excess of the allocated pollution load or determined permissible discharge load under Article 12(1). <Amended on Jan. 27, 2016; Oct. 1, 2025>

(2) When imposing a penalty surcharge for exceeding the total pollution amount under paragraph (1), if a charge for discharge referred to in 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 referred to in Article 12 of the Act on Control and Aggravated Punishment of Environmental Offenses, etc. (referring only to penalty surcharges levied on the sections relating to water quality) has been levied in relation to the relevant pollutant, the amount equivalent to the charge for discharge or to the penalty surcharge shall be subtracted from the charge. <Amended on Apr. 28, 2011; Jan. 28, 2014; Dec. 22, 2015; Jan. 27, 2016; Jan. 17, 2017>

(3) A penalty surcharge for exceeding the total pollution amount referred to in paragraph (1) shall be calculated by multiplying the profit from excessive discharge (referring to the cost of disposal of pollutants saved by the excessive discharge of the pollutants) by the coefficient of levy by the rate of excess, coefficient of levy by region and coefficient of levy by frequency of violation, on the condition that details of method of calculation and other necessary matters shall be prescribed by Presidential Decree. <Amended on Jan. 27, 2016>

(4) When a person liable to pay a penalty surcharge for exceeding the total pollution amount under paragraph (1) fails to do so by a deadline given for the payment, 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 additional charges collected under paragraph (4). In such cases, "national tax" shall be construed as "penalty surcharge for exceeding the total pollution amount." <Amended on Jan. 27, 2016; May 18, 2021>

(6) Penalty surcharges for exceeding the total pollution load referred to in paragraph (1) and additional charges referred to in paragraph (4) shall become revenues of the special accounts for environmental improvement referred to in the Framework Act on Environmental Policy. <Amended on Jul. 21, 2011; Jan. 27, 2016>

(7) The Minister of Climate, Energy and Environment may provide some amount of penalty surcharges for exceeding the total pollution amount or additional charges levied and collected by Metropolitan City Mayors and the heads of Sis/Guns as collection costs, as prescribed by Presidential Decree. <Amended on Jan. 27, 2016; Oct. 1, 2025>

(8) When a person liable to pay a penalty surcharge for exceeding the total pollution load or an additional charge fails to do so by a deadline given for the payment, the Minister of Climate, Energy and Environment, the competent Metropolitan City Mayor, or the head of the competent Si/Gun shall collect it in the same manner as delinquent national taxes are collected or under 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 Wholly Amended on Dec. 27, 2007]

[Title Amended on Jan. 27, 2016]

Article 14(Penalty surcharges) #

(1) Where the Minister of Climate, Energy and Environment, a Metropolitan City Mayor, or the head of a Si/Gun intends to order a person to suspend operation of his or her business under Article 12(8), he or she may levy a penalty surcharge not exceeding 300 million won on the person, in lieu of such suspension of business in any of the following cases; provided, no penalty surcharge shall be levied in lieu of suspension of business in cases specified by Decree of the Ministry of Climate, Energy and Environment: <Amended on Jan. 28, 2014; Oct. 1, 2025>

1. Where he or she deems that the suspension of business is highly likely to hinder the livelihood of the relevant local residents;

2. Where the Minister of Climate, Energy and Environment deems that the suspension of business would have a substantial adverse impact on the national economy, including employment and prices of commodities;

3. Other cases the Minister of Climate, Energy and Environment deems necessary for public interest.

(2) The amount of penalty surcharges to be levied depending on the severity of the respective offenses pursuant to paragraph (1), and other necessary matters, 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, Metropolitan City Mayors, or the heads of Sis/Guns may aggravate or mitigate a penalty surcharge within up to 1/2 of the amount of the penalty surcharge referred to in paragraph (2), in consideration of the size of place of business, particulars of business activities, severity and frequency of offense, etc. In such cases, the total amount of a penalty surcharge shall not exceed 300 million won even if aggravated. <Amended on Oct. 1, 2025>

(4) When a person liable to pay a penalty surcharge under paragraph (1) fails to do so by a deadline given for the payment, an additional charge shall be collected.

(5) Article 47-4 of the Framework Act on National Taxes shall apply mutatis mutandis to additional charges prescribed in paragraph (4). In such cases, "national tax" shall be deemed "penalty surcharge." <Amended on Jan. 27, 2016; May 18, 2021>

(6) Articles 13(6) through (8) shall apply mutatis mutandis to procedures, etc. for collecting penalty surcharges prescribed in paragraph (1) and additional charges prescribed in paragraph (4). In such cases, "penalty surcharge for exceeding the total pollution amount" shall be deemed "penalty surcharge." <Added on Jan. 27, 2016>

[This Article Wholly Amended on Dec. 27, 2007]

Article 21(Resident support program) #

(1) The head of each Si/Gun (including the heads of guns under the jurisdiction of metropolitan cities) shall formulate a plan to conduct business to support any of the following residents or areas (hereinafter referred to as "resident support business"). In such cases, he or she shall submit the plan to the Yeongsan and Seomjin river systems management committee referred to in Article 35 for deliberation: <Amended on Dec. 31, 2008; Jan. 28, 2014; Oct. 1, 2025>

1. A water source management area and the residents thereof;

1-2. A resident that owns land, buildings, etc. in a water source management area and resides in the Si/Gun/autonomous Gu (hereinafter referred to as "Si/Gun/Gu" in this Article) having jurisdiction over the water source management area and the village in which the resident is residing;

2. An area recognized by the Minister of Climate, Energy and Environment as maintaining the average annual water quality by residents' autonomous efforts within the standards prescribed by Presidential Decree for not shorter than the period prescribed by Presidential Decree;

3. An area meeting the standards specified by Decree of the Ministry of Climate, Energy and Environment in terms of the area, resident population, etc. of a water-source management area among the areas within the Si/Gun/Gu having jurisdiction over the water-source management area.

(2) Types of resident support programs are as follows: <Amended on Dec. 31, 2008>

1. Business to increase income, such as the installation of facilities related to agriculture, forestry and livestock industry and support for organic farming;

2. Business to promote welfare, such as support for the installation of waterworks;

3. Supporting business, such as the supply of educational materials and instruments;

4. Supporting business for the installation and improvement of facilities and sewerage systems for the purification of pollutants;

5. Support for the resettlement or occupational change of persons who are deemed to have difficulties in maintaining livelihood by fishing or business activities using ships in a water source management area due to the prohibition of or restriction on activities resulting from the designation of the water source management area;

6. Other direct or indirect supporting business prescribed by Presidential Decree.

(3) Necessary matters for the formulation, procedure for implementation and details of plans for resident support business, standards for allocation of financial resources, residents and scope of areas eligible to benefit from resident support business, etc. shall be prescribed by Presidential Decree. <Amended on Dec. 31, 2008; Jan. 28, 2014>

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

[This Article Wholly Amended on Dec. 27, 2007]

Article 25(Expropriation of land, things or rights) #

(1) A person conducting riparian ecological belt creation business referred to in Article 4-3 or a person conducting water quality improvement business referred to in Article 24 (hereinafter referred to as "business implementer") may expropriate or use land, things or rights referred to in Article 3 of the Act on Acquisition of and Compensation for Land for Public Works Projects. In such cases, if the Minister of Climate, Energy and Environment publishes an action plan for riparian ecological belts under Article 4-3 or approves a water quality improvement business plan under Article 24, a recognition of business and a publication of recognition of business referred to in Articles 20(1) and 22 of the Act on Acquisition of and Compensation for Land for Public Works Projects shall be deemed to exist, and an application for adjudication may be filed within the period of conducting business determined in the business plan, notwithstanding Articles 23(1) and 28(1) of the same Act.<Amended on Jan. 28, 2014; Oct. 1, 2025>

(2) The Minister of Climate, Energy and Environment, Metropolitan City Mayors and the heads of Sis/Guns/Gus shall, when falling under any of the following subparagraphs, notify the relevant persons of the matters as 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: When an action plan for riparian ecological belts is published under Article 4-3, the details thereof;

2. Metropolitan City Mayors and the heads of Sis/Guns: When the Minister of Climate, Energy and Environment approves a water quality improvement business plan under Article 24, the details thereof.

(3) The Central Land Tribunal shall become the land expropriation committee having jurisdiction over adjudication on the expropriation of land, things or rights referred to in paragraph (1). <Amended on Jan. 28, 2014>

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

[This Article Wholly Amended on Dec. 27, 2007]

[Title Amended on Jan. 28, 2014]

Article 26(Constructive authorization and permission) #

(1) Where the Minister of Climate, Energy and Environment provides public notice of an action plan for riparian ecological belts or approves a water quality improvement project plan, the project operator shall be deemed to have obtained any of the following permission, approval, authorization, or cancellation (hereinafter referred to as "authorization, permission, etc.") regarding matters on which the Minister of Climate, Energy and Environment has consulted in advance with the heads of the 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 referred to in Article 56(1) of the National Land Planning and Utilization Act;

2. Permission for the implementation of river works referred to in Article 30 of the River Act, and permission for the occupation of a river referred to in Article 33 of that Act;

3. Permission for the implementation of road works referred to in Article 36 of the Road Act, and permission for the occupation of a road referred to in Article 61 of that Act;

4. Permission for the construction of a private road referred to in Article 4 of the Private Road Act;

5. Approval for the installation of a waste disposal facility referred to in Article 29 of the Wastes Control Act;

6. Authorization for waterworks referred to in Articles 17 and 49 of the Water Supply and Waterworks Installation Act, and authorization for installation of private-use waterworks referred to in Articles 52 and 54 of that Act;

7. Approval for a sewerage improvement framework plan referred to in Article 6(1) of the Sewerage Act, and permission for the execution of public sewerage construction works referred to in Article 16 of that Act;

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

9. Permission for activities referred to in Article 23 of the Natural Parks Act;

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

11. Permission for and report on the conversion of a mountainous district referred to in Articles 14 and 15 of the Mountainous Districts Management Act; permission for and report on the temporary use of a mountainous district referred to in Article 15-2 of that Act; permission for the extraction of soil and rocks (limited to stones) referred to in Article 25 of that Act; permission for and report on felling standing trees referred to in Article 36(1) and (5) of the Creation and Management of Forest Resources Act; permission for and report on activities in a forest preservation area (excluding genetic resources protection forests) referred to in Article 9(1) and (2)1 and 2 of the Forest Protection Act; and cancellation of the designation of a forest preservation area referred to in Article 11(1)1 of that Act;

12. Permission for felling trees referred to in Article 14 of the Erosion Control Work Act and cancellation of designation of an erosion control area referred to in Article 20 of that Act;

13. Permission for the creation of grasslands referred to in Article 5 of the Grassland Act, and permission for the conversion of grasslands referred to in Article 23 of that Act;

14. Permission for the use of infrastructure for agricultural production or water referred to in Article 23 of the Rearrangement of Agricultural and Fishing Villages Act;

15. Permission for the relocation of an abandoned grave built on another person's land referred to in Article 27(1) of the Act on Funeral Services;

16. Permission for the occupation and use of public waters referred to in Article 8 of the Public Waters Management Act; a license for the reclamation of public waters referred to in Article 28 of that Act; and approval for an action plan for the reclamation of public waters referred to in Article 38 of that Act;

17. Deleted. <Apr. 15, 2010>

(2) When the Minister of Climate, Energy and Environment publishes an action plan for riparian ecological belts under Article 4-3 or approves a water quality improvement project plan under Article 24, if the matters referred to in the subparagraphs of paragraph (1) are included in the action plan for riparian ecological belts or in the water quality improvement project plan, he or she shall consult with the heads of relevant administrative agencies in advance. <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 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 Dec. 27, 2007]

Article 30(Imposition and collection of water use charges) #

(1) In order to raise funds for resident support business, water quality improvement business, etc., a waterworks operator shall impose and collect a charge in proportion to the amount of water used (hereinafter referred to as "water use charge") on and from an end user to whom he or she supplies raw water taken from public waters prescribed by Presidential Decree as it is or after purification and transfer the charge to the Fund; provided, this shall not apply when using water for instream flow.

(2) When any of the following persons draws water from public waters prescribed by Presidential Decree, he or she shall pay directly to the Fund a water use charge in proportion to the amount of raw water he or she draws, as prescribed by Presidential Decree:

1. A person installing an exclusive waterworks referred to in subparagraph 11 of Article 3 of the Water Supply and Waterworks Installation Act;

2. A person using river water referred to in Article 50(1) of the River Act.

(3) Notwithstanding paragraph (2)2, any of the following persons shall be excluded from the objects of imposition of water use charge:

1. An electric power source developer referred to in Article 3 of the Electric Source Development Promotion Act who operates a dam for power generation;

2. A person using river water for agricultural purpose.

(4) A waterworks operator shall submit data necessary for the calculation and prediction of water use charges to the Yeongsan and Seomjin river systems management committee referred to in Article 35, such as the amount of water taken, the amount of water supplied and the amount of loss, as prescribed by Presidential Decree.

(5) No water use charge referred to in paragraphs (1) and (2) shall be levied on water source management areas and other areas prescribed by Presidential Decree.

(6) Necessary matters for the method of calculation and method of imposition and collection of water use charges referred to in paragraphs (1) and (2), procedure for payment, etc. shall be prescribed by Presidential Decree.

(7) Water use charges may be reduced or exempted for the users of river water referred to in paragraph (2)2, as prescribed by Presidential Decree.

(8) A delinquent water use charge may be collected in the same manner as delinquent national or local taxes are collected.

(9) When a waterworks operator referred to in paragraph (1) is not a local government, the collection referred to in paragraph (8) may be entrusted to the head of the local government having jurisdiction over the relevant area, as prescribed by Presidential Decree.

(10) The Minister of Climate, Energy and Environment shall transfer water use charges collected under paragraph (8) to the Fund. <Amended on Oct. 1, 2025>

(11) Article 68(2) and (3) of the Water Supply and Waterworks Installation Act shall apply mutatis mutandis to the forced collection of water use charges referred to in paragraph (8).

(12) Articles 9 through 11 of the Water Supply and Waterworks Installation Act shall not apply to areas in which water use charges are imposed and collected.

[This Article Wholly Amended on Dec. 27, 2007]

Article 35(Establishment of Yeongsan and Seomjin river systems management committee) #

(1) A Yeongsan and Seomjin river systems management committee (hereinafter referred to as the "committee") shall be established to discuss and adjust the following matters for the management of water quality of water sources in the Yeongsan and Seomjin river systems:

1. A comprehensive plan for the curtailment of pollutants for the improvement of water quality of the Yeongsan and Seomjin river systems;

2. Matters concerning the formulation of master plans for riparian zone management;

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

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

5. Matters concerning instream flow;

6. Other matters prescribed by Presidential Decree.

(2) The Committee shall be a corporation.

(3) The Committee shall be chaired by the Vice Minister of Climate, Energy and Environment, and the members thereof shall consist of the following persons: <Amended on Feb. 29, 2008; Dec. 29, 2008; Mar. 23, 2013; Dec. 31, 2020; Dec. 26, 2023; Oct. 1, 2025>

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

2. A public official in charge of the development of forest resources who is appointed by the administrator of Forestry Administration from among public officials in general service belonging to the Senior Executive Service of the Forestry Administration;

3. A Deputy Mayor or Deputy Governor of Gwangju Metropolitan City, Jeonbuk Special Self-Governing Province, and Jeollanam-do (when a relevant local government has 2 or more deputy Mayors or deputy Governors, the person appointed by the competent Mayor/Do Governor);

4. The president of the Korea Rural Community Corporation established under the Korea Rural Community Corporation and Farmland Management Fund Act;

5. The president of the Korea Water Resources Corporation established under the Korea Water Resources Corporation Act.

(4) The Chairperson shall represent the Committee and shall have overall control of the administrative affairs of the Committee.

(5) The Committee shall have advisory committees to seek smooth consultation and adjustment and to obtain advice from experts.

(6) The local governments relevant to the Yeongsan and Seomjin river systems shall abide by matters that the Committee determines.

(7) The Committee may have a secretariat to assist the business of the Committee, as prescribed by Presidential Decree.

(8) Matters to be registered for the incorporation of the Committee shall be as follows:

1. Purpose;

2. Name;

3. Location of the office;

4. Date of incorporation;

5. Name and resident registration number of the chairperson.

(9) Except as otherwise expressly provided for this Act, the provisions regarding incorporated associations in the Civil Act shall apply mutatis mutandis to the registration of the Committee.

(10) Necessary matters for the operation, etc. of the Committee shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Dec. 27, 2007]

Article 38(Requests for improvement) #

(1) When the water quality in a water source is or is likely to be deteriorated due to insufficient rainfall, growth of algae, etc., the Minister of Climate, Energy and Environment may request any of the following persons to increase the discharge of water from a dam, dredge the water source, remove algae, clean the areas surrounding the water source and the surface of the water In such cases, the Minister of Climate, Energy and Environment may subsidize costs for the performance of such work within budgetary limits: <Amended on Jun. 15, 2021; Oct. 1, 2025>

1. Mayors/Do Governors;

2. Heads of Sis/Guns;

3. Waterworks operators;

4. Dam management administrations and persons entrusted with the management of dams under Article 5(1) and (2) of the Act on Construction and Management of Dams and Assistance to Their Environs;

5. An electric power source developer referred to in Article 3 of the Electric Source Development Promotion Act who operates a dam for power generation;

6. Persons that have de facto control over the surface of the water by means of ownership, occupation, etc.

(2) The Minister of Climate, Energy and Environment or heads of relevant local governments may request the heads of relevant administrative agencies to take any of the following measures against a person violating this Act or an order or disposition issued under this Act: <Amended on Oct. 1, 2025>

1. Revocation of authorization, permission, etc.;

2. Suspension of construction works;

3. Improvement, relocation or removal of facilities;

4. Other necessary measures.

(3) The persons referred to in the subparagraphs of paragraph (1) or the heads of relevant administrative agencies in receipt of a request under paragraphs (1) and (2) shall comply therewith unless there exist a special ground; provided, this shall not apply when the increase of discharge of water from a dam poses a problem in water supply (excluding cases where drawing water is difficult due to the occurrence of water pollution, growth of algae, etc.).

[This Article Wholly Amended on Dec. 27, 2007]

ACT ON WATER MANAGEMENT AND RESIDENT SUPPORT IN THE YEONGSAN AND SEOMJIN RIVER BASINS

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Scope of application) #

Article 4(Designation and cancellation of riparian zones) #

Article 4-2(Formulation and implementation of master plans for riparian zone management) #

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

Article 5(Restriction on activities in riparian zones) #

Article 6(Management of water pollutants in river areas) #

Article 7(Designation of water source protection areas) #

Article 8(Purchase of land) #

Article 9(Formulation of basic policies for total pollution load management) #

Article 10(Formulation of mater plans for total pollution load management) #

Article 11(Formulation, implementation of action plans for total pollution load management) #

Article 12(Allocation of pollution load by place of business) #

Article 13(Penalty surcharges for exceeding total pollution load) #

Article 14(Penalty surcharges) #

Article 15(Restrictions on permission) #

Article 16(Sanctions for non-performance of total pollution load management) #

Article 17(Preferential support for total pollution load management costs) #

Article 18 #

Article 19(Management of culverts) #

Article 20(Areas subject to restriction on installation of waste landfill facilities) #

Article 21(Resident support program) #

Article 21-2(Management of real estate acquired through resident support programs) #

Article 21-3(Request for and processing of data) #

Article 22(Technical and financial support) #

Article 23(Support for operation of water pollution prevention facilities) #

Article 24(Water quality improvement business) #

Article 25(Expropriation of land, things or rights) #

Article 26(Constructive authorization and permission) #

Article 27(Establishment of special accounts for improvement of water quality) #

Article 28(Revenues and expenditures of special accounts) #

Article 29(Special measures for finance) #

Article 30(Imposition and collection of water use charges) #

Article 31(Establishment of Yeongsan and Seomjin river systems management fund) #

Article 32(Financial resources of fund) #

Article 33(Use of fund) #

Article 34(Operation and management of Fund) #

Article 35(Establishment of Yeongsan and Seomjin river systems management committee) #

Article 36(Institutions responsible for accounts of Fund) #

Article 37(Support for water quality monitoring activities) #

Article 38(Requests for improvement) #

Article 39(Hearings) #

Article 40(Delegation and entrustment of authority) #

Article 40-2(Legal fiction as public officials in application of penalty provisions) #

Article 41(Penalty provisions) #

Article 42(Joint penalty provisions) #

Article 43(Administrative fines) #