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ENVIRONMENTAL TESTING AND INSPECTION ACT — 법갈피

영문법령 / ENVIRONMENTAL TESTING AND INSPECTION ACT

ENVIRONMENTAL TESTING AND INSPECTION ACT

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

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act are to promote efficiency in environmental management, promote technical development related to testing and inspection, and further contribute to improvement in national health and environmental conservation by rationalizing technical standards, operating systems, etc. related to environmental testing and inspection, and environmental management.

Article 2(Definitions) #

The definitions of the terms used in this Act are as follows: <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 12, 2017>

1. "Testing, inspection, etc." means measurement, analysis and assessment (including the collection of samples for measurement, analysis and assessment) of environmental pollution or environmental harmfulness, testing and inspection of measuring instruments and environmental equipment conducted under the statutes and regulations related to the environment for environmental management and conservation, and the establishment, confirmation of standards related thereto; provided, the cases of ocean environment under the Acts under the jurisdiction of the Ministry of Oceans and Fisheries shall be excluded herefrom;

2. "Measuring instruments" means equipment or instruments for measuring, analyzing or testing pollutants, etc. under the subparagraphs of Article 6(1).

Article 3(Formulation of master plans for development of environmental testing and inspection) #

(1) The Minister of Climate, Energy and Environment shall formulate a master plan for the development of environmental testing and inspection (hereinafter referred to as "master plan") every five years after deliberation by the Central Environmental Policy Committee under Article 58 of the Framework Act on Environmental Policy in order to advance standards and operating systems for environmental testing, inspection, etc. <Amended on Feb. 1, 2012; Oct. 1, 2025>

(2) A master plan shall include the following matters:

1. A basic direction for operating systems for testing, inspection, etc.;

Article 6(Official test standards for environmental pollution) #

(1) The Minister of Climate, Energy and Environment shall determine and publicly notify an official test standards for environmental pollution (hereinafter referred to as "official test standards") on the following categories in order to ensure the unity and accuracy of measurement, analysis, assessment, etc. of environmental pollutants, conditions of environmental pollution, harmfulness, etc.; in such cases, where applicable Korean Industrial Standards have been publicly notified under Article 12 of the Industrial Standardization Act, such standards shall apply except in extenuating circumstances prescribed by Presidential Decree: <Amended on Jan. 26, 2007; May 17, 2007; May 25, 2007; Jun. 9, 2009; Feb. 1, 2012; Jun. 4, 2013; Jul. 16, 2013; Dec. 22, 2015; Jan. 17, 2017; May 26, 2020; Feb. 6, 2024; Oct. 1, 2025>

1. Air pollutants under subparagraph 1 of Article 2 of the Clean Air Conservation Act and substances causing any climate or ecosystem change under subparagraph 2 of the same Article;

2. Noises under subparagraph 1 of Article 2 of the Noise and Vibration Control Act and vibrations under subparagraph 2 of the same Article;

3. Pollutants under subparagraph 3 of Article 2 of the Indoor Air Quality Control Act;

4. Malodor under subparagraph 1 of Article 2 of the Malodor Prevention Act;

5. Waste water under subparagraph 4 of Article 2 of the Water Environment Conservation Act and water quality pollutants under subparagraph 7 of the same Article;

6. Drinking water under subparagraph 1 of Article 3 of the Drinking Water Management Act;

7. Wastes under subparagraph 1 of Article 2 of the Wastes Control Act;

8. Substances subject to permission under subparagraph 3 of Article 2 of the Chemical Substances Control Act, restricted substances under subparagraph 4 of that Article, prohibited substances under subparagraph 5 of that Article, and hazardous chemical substances under subparagraph 7 of that Article;

9. Soil contaminants under subparagraph 2 of Article 2 of the Soil Environment Conservation Act;

10. Persistent pollutants under subparagraph 1 of Article 2 of the Persistent Pollutants Control Act;

11. Light pollution by artificial lighting under subparagraph 1 of Article 2 of the Act on the Prevention of Light Pollution due to Artificial Lighting;

12. Environmentally hazardous factors (excluding substances subject to permission, restricted substances, prohibited substances, and hazardous chemical substances) under subparagraph 1 of Article 2 of the Environmental Health Act.

(2) Where the Minister of Climate, Energy and Environment intends to establish or amend official test standards, he or she shall consult with the head of the relevant central administrative agency. <Amended on Oct. 1, 2025>

(3) Matters necessary for procedures for the establishment of or amendment to official test standards shall be prescribed by Presidential Decree.

Article 9(Type approval and import declaration of measuring instruments) #

(1) In order to ensure accuracy and unity of measuring instruments, any person who intends to manufacture or import a measuring instrument prescribed by Decree of the Ministry of Climate, Energy and Environment (hereinafter referred to as "manufacturer, etc.") shall obtain type approval by the Minister of Climate, Energy and Environment for structure, standards, function of the relevant measuring instrument; provided, the same shall not apply to a measuring instrument, all products of which are exported, and a measuring instrument certified under Article 15 of the Industrial Standardization Act which is deemed appropriate for the standards referred to in paragraph (7) and publicly announced by the Minister of Climate, Energy and Environment. <Amended on May 25, 2007; Feb. 1, 2012; May 26, 2020; Aug. 17, 2021; Oct. 1, 2025>

(2) A person who intends to import a measuring instrument in the same type as a measuring instrument whose type approval has been obtained under paragraph (1) shall make a declaration (hereinafter referred to as "import declaration") to the Minister of Climate, Energy and Environment. <Amended on Feb. 1, 2012; Oct. 1, 2025>

(3) Upon receipt of an import declaration, the Minister of Climate, Energy and Environment shall review the details thereof and, if the declaration complies with this Act, accept it. <Added on Aug. 17, 2021; Oct. 1, 2025>

(4) When a person who has obtained type approval or made an import declaration under paragraphs (1) and (2) intends to modify an important matter prescribed by Decree of the Ministry of Climate, Energy and Environment on its type, he or she shall obtain approval of modification by the Minister of Climate, Energy and Environment. <Amended on Feb. 1, 2012; May 26, 2020; Aug. 17, 2021; Oct. 1, 2025>

(5) A person who has obtained type approval or approval of modification or who has made an import declaration under paragraph (1), (2), or (4) shall attach an indication of the details approved or declared, to a conspicuous part of a measuring instrument, as prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Feb. 1, 2012; May 26, 2020; Aug. 17, 2021; Oct. 1, 2025>

(6) The term of validity of type approval under paragraph (1) shall be 10 years from the date of obtaining type approval or approval of modification. <Added on Feb. 1, 2012; Aug. 17, 2021>

(7) Matters necessary for standards, methods, procedures, etc. for type approval, approval of modification, and an import declaration under paragraph (1), (2), or (4) shall be prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Feb. 1, 2012; May 26, 2020; Aug. 17, 2021; Oct. 1, 2025>

Article 9-2(Preliminary type approval of new products) #

(1) Where it is impracticable to grant type approval because the standards for type approval under Article 9(7) (hereinafter referred to as "standards for type approval") have yet to be established, the Minister of Climate, Energy and Environment may grant preliminary type approval of any of the following measuring instruments: <Amended on Aug. 17, 2021; Oct. 1, 2025>

1. A measuring instrument certified for its performance by an internationally certified testing and inspection institution designated and publicly notified by the Minister of Climate, Energy and Environment;

2. Other measuring instruments for which the Minister of Climate, Energy and Environment recognizes the precision and accuracy of testing, inspection, etc. have been improved through introduction of new methods.

(2) Manufacturers, etc. may manufacture or import any measuring instrument of which preliminary type approval has been obtained under paragraph (1) (hereinafter referred to as "products with preliminary type approval").

(3) Where any manufacturer, etc. distribute and sell products with preliminary type approval, he or she shall inform purchasers of the fact that the relevant products are products with preliminary type approval of which type approval shall be obtained under Article 9(1), as prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Oct. 1, 2025>

(4) Where the standards for type approval of products with preliminary type approval have been established, manufactures, etc. shall apply for type approval thereof under Article 9(1) within three months after the date of establishment of such standards.

(5) The Minister of Climate, Energy and Environment shall revoke the preliminary type approval of a measuring instrument in any of the following cases and shall order the relevant manufacturers, etc. to take necessary measures such as collection, destruction of the relevant measuring instruments: <Amended on Oct. 1, 2025>

1. Where preliminary type approval has been obtained by fraud or other improper means;

2. Where no application under paragraph (4) has been made;

3. Where products with preliminary type approval fail to meet the standards for type approval.

(6) Necessary measures including specific standards, methods, procedures, etc. for preliminary type approval under paragraphs (1) through (5) shall be prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Oct. 1, 2025>

[This Article Added on Feb. 1, 2012]

Article 11(Accuracy inspection of measuring instruments) #

(1) A person who uses or intends to use a measuring instrument whose type approval has been granted or whose import declaration has been made (including a measuring instrument which has been publicly announced pursuant to the proviso of Article 9(1) or whose approval of modification has been granted pursuant to paragraph (4) of the said Article; hereinafter the same shall apply) shall undergo an accuracy inspection of such instrument to be conducted by the Minister of Climate, Energy and Environment on whether its structure and functions are maintained as the details of type approval; provided, any of the following measuring instruments, which are recognized to meet the standards under paragraph (4) and are publicly announced by the Minister of Climate, Energy and Environment, shall be excluded: <Amended on Feb. 1, 2012; Jul. 16, 2013; Dec. 12, 2017; Aug. 17, 2021; Oct. 1, 2025>

1. A measuring instrument that has been calibrated by an institute exclusively dedicated to nationwide calibration, which is designated pursuant to Article 14(3) of the Framework Act on National Standards;

2. A measuring instrument that has been tested and inspected by an accredited laboratory under Article 23(2) of the Framework Act on National Standards.

(2) Where an instrument not subject to type approval under Article 9(1) is changed to a measuring instrument subject to type approval, it shall undergo an accuracy inspection under paragraph (1). <Amended on Dec. 12, 2017>

(3) When the Minister of Climate, Energy and Environment recognizes it appropriate as a result of an accuracy inspection conducted, he or she shall issue a certificate of accuracy inspection. <Amended on May 26, 2020; Oct. 1, 2025>

(4) Matters necessary for standards, period, method, procedures, etc. for an accuracy inspection under paragraphs (1) through (3) shall be prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Dec. 12, 2017; Oct. 1, 2025>

Article 13(Designation of inspection institutions for environmental measuring instruments) #

(1) The Minister of Climate, Energy and Environment may designate a person (hereinafter referred to as "inspection institution for environmental measuring instruments") and have the person conduct, on his or her behalf, performance certification of simple measuring instruments under Article 9-3 and accuracy inspections and examinations under Articles 11 and 12 as proxy. <Amended on Feb. 1, 2012; Aug. 17, 2021; Oct. 1, 2025>

(2) Any person who intends to be designated under paragraph (1) shall file an application for designation with the Minister of Climate, Energy and Environment after he or she is equipped with technical capacity, facilities, equipment, etc. The same shall also apply when he or she intends to modify an important matter prescribed by Presidential Decree among the designated matters. <Amended on May 26, 2020; Oct. 1, 2025>

(3) Any of the following persons shall not be designated as an inspection institution for environmental measuring instruments: <Amended on May 17, 2007; Jun. 9, 2009; Feb. 1, 2012; Feb. 3, 2015; Dec. 22, 2015; Jan. 17, 2017; Dec. 12, 2017; May 26, 2020>

1. A person under adult guardianship or under limited guardianship;

2. A person declared bankrupt by a court, who has not been reinstated;

3. A person for whom two years have not passed since his or her designation as an inspection institution for environmental measuring instruments was revoked pursuant to Article 14 (excluding cases in which his or her designation was revoked as he or she fell under subparagraph 1 or 2);

4. A person for whom two years have not passed since his or her imprisonment with labor declared by a court was completely executed (including cases in which the execution is deemed to have been completed) or exempted, or a person who is under suspension of the execution of his or her imprisonment with labor declared by a court, for violation of this Act, the Clean Air Conservation Act, the Water Environment Conservation Act, the Noise and Vibration Control Act, the Soil Environment Conservation Act, the Drinking Water Management Act, or the Indoor Air Quality Control Act;

5. A juristic person, an executive officer of which falls under any of subparagraphs 1 through 4.

(4) When the Minister of Climate, Energy and Environment designates a person who has applied for designation under paragraph (2) as an inspection institution for environmental measuring instruments, he or she shall issue a written designation of inspection institution for environmental measuring instruments. <Amended on Feb. 1, 2012; Oct. 1, 2025>

(5) No inspection institution for environmental measuring instruments shall have any other person conduct performance certification of simple measuring instruments, accuracy inspections, or examinations by making use of his or her name or lend his or her written designation of inspection institution for environmental measuring instruments to any other person. <Amended on Feb. 1, 2012; Aug. 17, 2021>

[Title Amended on Feb. 1, 2012]

Article 14(Revocation of designation of inspection institutions for environmental measuring instruments) #

(1) Where an inspection institution for environmental measuring instruments falls under any of the following cases, the Minister of Climate, Energy and Environment may revoke the designation or order the institution to suspend all or part of its business for a specified period not exceeding six months; provided, where the institution falls under subparagraph 1, 3, 6, or 8, the Minister of Climate, Energy and Environment shall revoke such designation: <Amended on Feb. 1, 2012; May 26, 2020; Aug. 17, 2021; Oct. 1, 2025>

1. Where it has been designated by fraud or other improper means;

2. Where the institution fails to commence business within two years after the designation or has failed to produce performance for at least two years consecutively;

3. Where the institution allows any other person to conduct performance certification of simple measuring instruments, accuracy inspections, or examinations by making use of its name, or lends its written designation of inspection institution for environmental measuring instruments to any other person in violation of Article 13(5);

4. Where the institution prepares a false performance certification certificate for simple measuring instruments or a false report on an accuracy inspection or an inspection intentionally or by gross negligence;

4-2. Where the institution delays the duties regarding performance certification of simple measuring instruments, accuracy inspections, or examinations without good cause;

5. Where the institution ceases to meet the requirements for designation prescribed by Presidential Decree under Article 13(2);

6. Where the institution falls under any of the subparagraphs of Article 13(3); provided, in cases under subparagraph 5, the same shall not apply when such executive officer has been replaced within 6 months;

7. Where the institution fails to record or retain the results of performance certification of simple measuring instruments, accuracy inspections, or examinations in violation of Article 15;

8. Where the institution performs duties regarding performance certification of simple measuring instruments, accuracy inspections, or examinations during a period of suspension of business operations.

(2) The detailed standards for administrative dispositions under paragraph (1) shall be prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Oct. 1, 2025>

[Title Amended on Feb. 1, 2012]

Article 16(Registration of measuring agency business) #

(1) A person who intends to run agency business of measuring air pollutants, indoor air pollutants in public-use facilities, etc., malodor, water pollutants, noises and vibrations, or light pollution caused by artificial lighting (hereinafter referred to as "measuring agency business") shall file for registration with the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), or the mayor of a large city (referring to the mayor of a large city with a population of 500,000 or more, excluding the Seoul Special Metropolitan City, Metropolitan City or a Special Self-Governing City under Article 198 of the local autonomy act; hereinafter the same shall apply) after he or she is equipped with technical capacity, facilities and equipment prescribed by Presidential Decree. This shall also apply where he or she intends to modify an important matter prescribed by Presidential Decree among the registered matters. <Amended on May 25, 2010; Feb. 1, 2012; Dec. 12, 2017; Jan. 12, 2021>

(2) Article 13(3) shall apply mutatis mutandis to grounds for disqualification of a person who intends to conduct measuring agency business. In such cases, the "Clean Air Conservation Act, the Water Environment Conservation Act, the Noise and Vibration Control Act, the Soil Environment Conservation Act, the Management of Drinking Water Act, or the Indoor Air Quality Control Act" in subparagraph 4 of the said paragraph shall be deemed the "Clean Air Conservation Act, the Water Environment Conservation Act, the Noise and Vibration Control Act, the Malodor Prevention Act, or the Indoor Air Quality Control Act". <Amended on May 17, 2007; Jun. 9, 2009; Dec. 22, 2015; Jan. 17, 2017>

(3) A Mayor/Do Governor or the mayor of a large city shall issue a certificate of registration of measuring agency business to each person who has filed for registration of measuring agency business (hereinafter referred to as "measuring agent"). <Amended on Dec. 12, 2017>

(4) No measuring agent shall have any other person conduct measuring agency business by making use of his or her name, nor lend his or her certificate of registration of measuring agency business to any other person.

(5) Where a measuring agent concludes a measuring agency contract, he or she shall notify such fact to the Mayor/Do Governor or the mayor of a large city within 20 days from the date the contract is made, as prescribed by Decree of the Ministry of Climate, Energy and Environment. <Added on Dec. 12, 2017; Oct. 1, 2025>

(6) A measuring agent may collect expenses incurred in the measuring agency business from a person who makes a request for measurement. <Amended on Dec. 12, 2017>

(7) Where a measuring agent intends to conclude a measuring agency contract with a person who operates a place of business prescribed by Presidential Decree which causes environmental pollutants under the subparagraphs of Article 6(1), he or she shall submit data related to the measuring agency contract, such as a standard contract for measuring agency services and matters to be observed in concluding a contract, to an institution to manage measuring agency contracts under Article 16-2. <Added on Mar. 31, 2020>

(8) The types of data and the methods and timing for submitting such data under paragraph (7) and other necessary matters shall be prescribed by Decree of the Ministry of Climate, Energy and Environment. <Added on Mar. 31, 2020; Oct. 1, 2025>

Article 16-2(Designation of institutions to manage measuring agency contracts) #

(1) To manage a measuring agency contract under Article 16(7), the Minister of Climate, Energy and Environment may designate a specialized institution prescribed by Presidential Decree, such as the Korea Environment Corporation under the Korea Environment Corporation Act, as an institution to manage measuring agency contracts. <Amended on Oct. 1, 2025>

(2) An institution to manage measuring agency contracts designated pursuant to paragraph (1) (hereinafter referred to as "institution to manage measuring agency contracts") shall perform the following projects:

1. Public announcement and evaluation of a measuring agency contract;

2. Evaluation and public notice of the capabilities of a measuring agent to perform services;

3. Other projects prescribed by Presidential Decree to manage measuring agency contracts.

(3) The Minister of Climate, Energy and Environment may evaluate the performance records, etc. of an institution to manage measuring agency contracts. <Amended on Oct. 1, 2025>

(4) The Minister of Climate, Energy and Environment may fully or partially subsidize the expenses necessary for an institution to manage measuring agency contracts to perform the projects referred to in paragraph (2). <Amended on Oct. 1, 2025>

(5) Where an institution to manage measuring agency contracts falls under any of the following subparagraphs, the Minister of Climate, Energy and Environment may revoke the designation or issue an order to suspend all or part of its business for a specified period not exceeding 6 months; provided, where it falls under subparagraph 1, he or she shall revoke such designation: <Amended on Oct. 1, 2025>

1. Where it has been designated by fraud or other improper means;

2. Where it performs its business in violation of the matters designated;

3. Where it fails to meet the standards for designation under paragraph (6);

4. Where it refuses, obstructs, or evades the submission of materials or any access or inspection by the relevant public official under Article 28(2).

(6) Matters necessary for the standards for the designation of an institution to manage measuring agency contracts and revocation of such designation, the period of and procedures for designation, evaluation, etc. under paragraphs (1) through (5) shall be prescribed by Presidential Decree.

[This Article Added on Mar. 31, 2020]

Article 17(Revocation of registration of measuring agency business) #

(1) Where a measuring agent falls under any of the following cases, a Mayor/Do Governor or the head of a large city may revoke the registration or order the agent to suspend all or part of his or her business for a specified period not exceeding one year; provided, where the agent falls under subparagraph 1, 3, 4, 6, or 8, the Mayor/Do Governor shall revoke such registration: <Amended on Mar. 21, 2008; Apr. 28, 2011; Dec. 12, 2017; Mar. 31, 2020; May 26, 2020; Aug. 17, 2021>

1. Where he or she has filed for registration by fraud or other improper means;

2. Where he or she fails to commence business within two years after the registration or has failed to produce business results for at least two years consecutively;

3. Where he or she yields the false result of measurement by intent or gross negligence;

4. Where he or she allows any other person to conduct measuring agency business by making use of his or her name, or lends his or her certificate of registration of measuring agency business to any other person, in violation of Article 16(4);

5. Where he or she fails to meet the standards for registration prescribed by Presidential Decree under Article 16(1);

6. Where he or she falls under grounds for disqualification under Article 16(2); provided, where any of the executive officers of a corporation falls under grounds for disqualification, the same shall not apply when such executive officer is replaced within 6 months;

6-2. Where he or she concludes a measuring agency contract without submitting data or after submitting false data, in violation of Article 16(7);

7. Where he or she violates matters to be observed under Article 18;

7-2. Where he or she is judged to be non-compliant as a result of accuracy management under Article 18-2(1);

8. Where he or she conducts measuring agency business during the suspension of business;

9. Deleted. <Feb. 1, 2012>

(2) The detailed standards for administrative dispositions under paragraph (1) shall be prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Oct. 1, 2025>

Article 18-2(Accuracy management of testing and inspection institutions) #

(1) The Minister of Climate, Energy and Environment may verify capabilities necessary for testing, inspection, etc. and materials detailing execution of testing, inspection (hereinafter referred to as "accuracy management") for a person prescribed by Presidential Decree from among those who conduct testing, inspection in the field referred to in each subparagraph of Article 6(1) (hereinafter referred to as "testing and inspection institution"). <Amended on Oct. 1, 2025>

(2) The judgement standards for accuracy management shall be as follows:

1. Skills in analyzing standard samples;

2. Field assessment of testing and inspection institutions.

(3) A testing and inspection institution judged to be non-compliant as a result of accuracy management shall not conduct testing, inspection, etc. from the date when it is notified of such judgement.

(4) Where a testing and inspection institution under paragraph (3) intends to resume the relevant testing, inspection, etc., it shall apply for accuracy management and be judged to be compliant, as prescribed by Decree of the Ministry of Climate, Energy and Environment, after improving and supplementing the relevant matters. <Amended on Oct. 1, 2025>

(5) Where it is deemed necessary after the results of the accuracy management come out, the Minister of Climate, Energy and Environment may order a testing and inspection institution to take other necessary measures, such as improvement and complementation of the relevant equipment and instruments, and implementation of training. <Amended on Oct. 1, 2025>

(6) A testing and inspection institution prescribed by Decree of the Ministry of Climate, Energy and Environment from among the testing and inspection institutions in the area of environmental measurer and analyst certification under Article 19(3) shall have at least one holder of qualification under Article 19(1) in each section. <Added on Jul. 16, 2013; Dec. 12, 2017; Oct. 1, 2025>

(7) Detailed matters necessary for collection and requests of samples necessary for testing, inspection, etc., maintenance and management of records of testing, inspection shall be prescribed and publicly notified by the Minister of Climate, Energy and Environment. <Amended on Jul. 16, 2013; Oct. 1, 2025>

[This Article Added on Feb. 1, 2012]

Article 19(Environmental measurers and analysts) #

(1) The Minister of Climate, Energy and Environment shall issue a certificate of qualification for an environmental measurer and analyst to a person who has passed a qualification examination conducted by an examination institution under Article 21 in order to improve the expertise in environmental measurement and analysis. <Amended on May 26, 2020; Oct. 1, 2025>

(2) None of the following persons shall not be an environmental measurer and analyst: <Amended on Jun. 9, 2009; Feb. 1, 2012; Feb. 3, 2015; Dec. 22, 2015; Jan. 17, 2017; Dec. 12, 2017; May 26, 2020>

1. A person under adult guardianship or under limited guardianship;

2. Deleted; <Aug. 17, 2021>

3. A person in whose case two years have not passed since his or her imprisonment with labor declared by a court, for violation of this Act, the Clean Air Conservation Act, the Water Environment Conservation Act, the Noise and Vibration Control Act, the Indoor Air Quality Control Act, or the Malodor Prevention Act, was completely executed (including cases where the execution is deemed to have been completed) or exempted;

4. A person who is under suspension of the execution of his or her sentence declared by a court for violation of the Acts referred to in subparagraph 3;

5. A person for whom three years have not passed since his or her qualification for an environmental measurer and analyst was revoked (excluding cases in which his or her qualification was revoked as he or she fell under subparagraph 1 or 2) pursuant to Article 20(1).

(3) Matters necessary for qualification for applying for a qualification examination of an environmental measurer and analyst, the subjects for examination and partial exemption, issuance of a certificate of qualification, etc. shall be prescribed by Presidential Decree.

(4) An environmental measurer and analyst issued with a certificate of qualification for an environmental measurer and analyst under paragraph (1) shall not lend or borrow such certificate to any other person, nor arrange such lending or borrowing. <Amended on Mar. 31, 2020>

Article 28(Ex post facto management) #

(1) The Minister of Climate, Energy and Environment may have a person who performs a project for the establishment of operating system of testing, inspection, etc. under Article 5 report the present status of the performance of the relevant affairs and may have the relevant public official investigate necessary matters and question the relevant persons. <Amended on Oct. 1, 2025>

(2) The Minister of Climate, Energy and Environment, a Mayor/Do Governor or the mayor of a large city may have any of the following persons submit necessary materials or have the relevant public official gain access to offices, places of business, and other necessary places to inspect related documents, facilities, equipment, etc., as prescribed by Decree of the Ministry of Climate, Energy and Environment: <Amended on Feb. 1, 2012; Jul. 16, 2013; Dec. 12, 2017; Mar. 31, 2020; Aug. 17, 2021; Oct. 1, 2025>

1. A person who manufactures or imports measuring instruments under Article 9;

1-2. A person who manufactures or imports simple measuring instruments under Article 9-3;

2. A person who supplies or uses calibration materials under Article 12;

3. An inspection institution for environmental measuring instruments;

4. A measuring agent;

5. A testing and inspection institution deemed compliant with accuracy management;

6. An institution to manage measuring agency contracts.

(3) With respect to a person referred to in paragraph (2)1, the Minister of Climate, Energy and Environment may have the relevant public official collect measuring instruments manufactured or imported in order to inspect or ascertain whether measuring instruments are in conformity with the details of type approval. In such cases, when he or she has inspected or ascertained whether they are in conformity with the details of type approval, he or she shall return them without delay.

(4) The relevant public official who conducts investigations, asks questions, gains access, conducts inspections, or collects measuring instruments under paragraphs (1) and (3) shall carry a certificate indicating his or her authority and produce it to the relevant persons.

(5) With respect to the inspection under paragraph (2) and the status of execution of testing, inspection, etc., the Minister of Climate, Energy and Environment may establish and implement plans for guidance and checking, as prescribed by Decree of the Ministry of Climate, Energy and Environment, in order to ensure a faithful operation of testing, inspection <Added on Feb. 1, 2012; Oct. 1, 2025>

Article 33(Penalty provisions) #

(1) Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won:

1. A person who conducts measuring agency business without filing for registration of measuring agency business or registration of modification thereof, in violation of Article 16(1);

2. A person who files for registration of measuring agency business under Article 16(1) by fraud or other improper means;

3. A person who conducts measuring agency business during the suspension of business under Article 17(1)8;

4. A person who fails to record and retain the results of measurement and analysis or records them falsely, in violation of Article 18(1).

(2) Any of the following persons shall be punished by imprisonment with labor for not more than 3 years or by a fine not exceeding 30 million won: <Amended on Aug. 17, 2021>

1. A person who manufactures or imports measuring instruments without having obtained type approval or approval of modification, in violation of Article 9(1) or (4);

2. A person who obtains type approval or approval of modification or makes an import declaration under Article 9(1), (2), or (4) by fraud or other improper means;

3. A person who fails to comply with an order of collection, destruction, etc. for the products, the preliminary type approval of which has been revoked under Article 9-2(5);

4. A person who requires any other person to conduct measuring agency business by making use of his or her name or lends a certificate of registration of measuring agency business to any other person, in violation of Article 16(4).

(3) Any of the following persons shall be punished by imprisonment for not more than one year or by a fine not exceeding 10 million won:

1. A person who concludes a measuring agency contract without submitting data or after submitting false data, in violation of Article 16(7);

2. A person who conducts testing, inspections, etc., in violation of Article 18-2(3);

3. A person who provides the results of testing and inspections to a report related to the business conducted by the State, local governments, or public institutions, though he or she is not deemed compliant with accuracy management, in violation of Article 18-3(2);

4. A person who acquires a qualification for an environmental measurer and analyst under Article 19(1) by fraud or other improper means;

5. A person who lends or borrows a certificate of qualification for an environmental measurer and analyst, or arranges such lending or borrowing, in violation of Article 19(4).

[This Article Wholly Amended on Mar. 31, 2020]

Article 35(Administrative fines) #

(1) A person who uses the title of environmental measurer and analyst in violation of Article 23 shall be subject to an administrative fine not exceeding 3 million won.

(2) Any of the following persons shall be subject to an administrative fine not exceeding 1 million won: <Amended on Feb. 1, 2012; Dec. 12, 2017; Aug. 17, 2021>

1. A person who imports measuring instruments without making an import declaration, in violation of Article 9(2);

2. A person who fails to make an indication of type approval, approval of modification, or an import declaration, or makes a false indication, in violation of Article 9(5);

2-2. A person who fails to inform purchasers of products with preliminary type approval that type approval shall be obtained for such products, in violation of Article 9-2(3);

2-3. A person who manufactures or imports simple measuring instruments without having obtained performance certification thereof, in violation of Article 9-3(2);

3. A person who uses measuring instruments without undergoing accuracy inspection, in violation of Article 11(1) or (2);

4. A person who supplies or uses calibration materials that have not undergone examination, in violation of Article 12(1);

4-2. A person who fails to notify the fact of making a contract to conduct measurements by proxy within the specified period, in violation of Article 16(5);

4-3. A person who fails to implement an order to take measures under Article 18-2(5);

4-4. A person who fails to enter information into, or enters false information into, the Environmental Measurement and Analysis Information Management System, in violation of Article 18-5(2);

5. A person who fails to receive education or have another person receive education, in violation of Article 24(2) or (3);

6. A person who fails to submit data or submits false data, in violation of Article 28(2);

7. A person who refuses, interferes with, or evades access, inspection, or collection, in violation of Article 28(2) or (3).

(3) Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of Climate, Energy and Environment, a Mayor/Do Governor or the mayor of a large city, as prescribed by Presidential Decree. <Amended on Dec. 12, 2017; Oct. 1, 2025>

[This Article Wholly Amended on May 25, 2010]

ENVIRONMENTAL TESTING AND INSPECTION ACT

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Formulation of master plans for development of environmental testing and inspection) #

Article 4 #

Article 5(Establishment of operating systems for testing and inspection) #

Article 6(Official test standards for environmental pollution) #

Article 7(Consultation on statutes and regulations related to official test standards) #

Article 8(Application of official test standards) #

Article 9(Type approval and import declaration of measuring instruments) #

Article 9-2(Preliminary type approval of new products) #

Article 9-3(Performance certification of simple measuring instruments) #

Article 10(Revocation of type approval and import declaration) #

Article 11(Accuracy inspection of measuring instruments) #

Article 12(Examination of calibration materials) #

Article 13(Designation of inspection institutions for environmental measuring instruments) #

Article 14(Revocation of designation of inspection institutions for environmental measuring instruments) #

Article 15(Retaining record of vicarious execution of inspection) #

Article 16(Registration of measuring agency business) #

Article 16-2(Designation of institutions to manage measuring agency contracts) #

Article 17(Revocation of registration of measuring agency business) #

Article 17-2(Suspension of qualification for technical personnel in measuring agency business) #

Article 18(Matters to be observed by measuring agents) #

Article 18-2(Accuracy management of testing and inspection institutions) #

Article 18-3(Effects of results of testing and inspection) #

Article 18-4(Support for accuracy management) #

Article 18-5(Establishment and operation of environmental measurement and analysis information management system) #

Article 19(Environmental measurers and analysts) #

Article 20(Revocation of qualification for environmental measurer and analyst) #

Article 21(Educational and examining institutions of environmental measurers and analysts) #

Article 22(Revocation of designation of educational and examining institutions) #

Article 23(Prohibition of use of name) #

Article 24(Education of technical human resources for testing and inspection) #

Article 25(Support of technical development) #

Article 26(International cooperation) #

Article 27(Mutual recognition of type approval between nations) #

Article 28(Ex post facto management) #

Article 29(Hearings) #

Article 30(Fees) #

Article 31(Delegation of authority) #

Article 32(Legal fiction as public officials for purposes of applying penalty provisions) #

Article 33(Penalty provisions) #

Article 34(Joint penalty provisions) #

Article 35(Administrative fines) #