ENFORCEMENT DECREE OF THE ENVIRONMENTAL TESTING AND INSPECTION ACT

Article 1(Purpose) #

The purpose of this Decree is to provide for matters mandated by the Environmental Testing and Inspection Act and those necessary for the enforcement thereof.

Article 2(Request for Necessary Data to Formulate Master Plan for Development of Environmental Testing and Inspection) #

The Minister of Environment to formulate a master plan for the development of environmental testing and inspection under Article 3 (1) of the Environmental Testing and Inspection Act (hereinafter referred to as the "Act") may request the heads of relevant central administrative agencies for necessary data, such as the current state of operation of related systems, policy direction, current state of technologies, etc.

Article 3 #

Deleted. <Jul. 31, 2012>

Article 4 #

Deleted. <Jul. 31, 2012>

Article 5 #

Deleted. <Jul. 31, 2012>

Article 6 #

Deleted. <Jul. 31, 2012>

Article 7(Promotion of Projects to Establish Operating Systems for Testing and Inspection) #

(1) Where the Minister of Environment formulates a detailed promotional plan to promote projects necessary to establish the operating systems for testing and inspection under Article 5 (1) of the Act (hereinafter referred to as "project"), he or she shall publicly announce it.

(2) "Institutions, organizations or business owners prescribed by Presidential Decree" under Article 5 (2) of the Act means the following institutions, organizations or business owners: <Amended by Dec. 24, 2009; Jun. 24, 2011; Oct. 28, 2011; Sep. 22, 2016; Nov. 29, 2016>

1. A national or public research institute;

2. A government-funded science and technology research institute established pursuant to the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes;

3. A school under Article 2 of the Higher Education Act.

4. The Korea Environment Corporation under the Korea Environment Corporation Act;

5. The Korea Environmental Industry and Technology Institute under the Korea Environmental Industry and Technology Institute Act;

6. A research institute affiliated with an enterprise that has full-time research personnel in the field of environment among the recognized research institutes affiliated with enterprises under Article 14-2 (1) of the Basic Research Promotion and Technology Development Support Act;

7. A business owner operating an environmental business under subparagraph 3 of Article 2 of the Environmental Technology and Industry Support Act;

8. A research institute established pursuant to the Civil Act or other statutes for the purpose of developing technologies for environmental testing and inspection;

9. An educational and examining institution of environmental measurers and analysts under Article 21 (1) of the Act.

(3) The Minister of Environment, where the necessity arises for the advancement, etc. of operating systems of testing, inspection, etc., may give priority to the projects to an institution under paragraph (2) 1 (applicable only to the National Institute of Environmental Research) and an institution under paragraph (2) 4. <Newly Inserted by Jul. 31, 2012>

(4) The Minister of Environment may make an agreement with any of the following institutions, organizations or business owners under the subparagraphs of paragraph (2) and implement the projects, and the agreement shall contain the following matters: <Amended by Jul. 31, 2012>

Article 8(Special Cases concerning Establishment of Official Test Standards for Environmental Pollution) #

"Any special reason prescribed by Presidential Decree" under the latter part, with the exception of the subparagraphs, of Article 6 (1) of the Act means any of the following:

1. Where no testing and analysis method has been determined by the Korean Industrial Standards but where the use is limited to environmental areas, thus the necessity arises to establish official test standards for environmental pollution (hereinafter referred to as "official test standards") under Article 6 (1) of the Act;

2. Where any testing and inspection method is separately specified in an environment-related international agreement.

Article 9(Procedures for Establishment of Official Test Standards) #

(1) The procedures for the establishment or amendment of official test standards under Article 6 (3) of the Act shall be as follows:

1. To publicly notify the details of official test standards in the Official Gazette in advance to inquire the opinions of interested parties where the Minister of Environment intends to establish or amend the official test standards;

2. To publicly notify, without delay, in the Official Gazette of the fact that the Minister of Environment has established or amended the official test standards.

(2) Except as otherwise provided in this Decree, matters necessary for the establishment or amendment of official test standards shall be determined by the Minister of Environment.

Article 10(Criteria for Designation of Inspection Institutions for Environmental Measuring Instruments) #

(1) An institution which intends to be designated as an inspection institution for environmental measuring instruments (hereinafter referred to as "inspection institution") under the former part of Article 13 (2) of the Act shall be equipped with the following technical capabilities, facilities, and equipment: <Amended on Jul. 31, 2012; Aug. 16, 2022>

1. Technical capabilities set forth in accordance with the following classification:

(a) In cases of performance certification for simple measuring instruments (hereinafter referred to as "simple measuring instrument") under the main clause of Article 9-3 (1) of the Act: It shall employ the following technical personnel:

(i) Air field: At least three persons;

(ii) Water quality field: At least three persons;

(iii) Noise field: At least two persons;

(iv) Drinking water field: At least three persons;

(v) Indoor air quality field: At least three persons;

(b) In cases of accuracy inspection of a measuring instrument under the main clause of Article 11 (1) of the Act: It shall employ the following technical personnel:

(i) Automobile field: At least six persons;

(ii) Air field: At least five persons;

(iii) Water quality field: At least five persons;

(iv) Noise and vibration field: At least two persons;

(v) Soil field: At least five persons;

(vi) Drinking water field: At least three persons;

(vii) Indoor air quality field: At least four persons;

(c) In cases of examination of correction articles under the main clause of Article 12 (1) of the Act (hereinafter referred to as "correction articles"): At least four persons:

2. Facilities and equipment by field that are necessary for performance certification for simple measuring instruments, accuracy inspection of measuring instruments, or examination of correction articles (where a contract for joint use of some of the facilities and equipment prescribed by Ordinance of the Ministry of Environment is entered into with an institution (excluding another inspection institution) which possesses such facilities and equipment, the institution seeking designation as an inspection institution shall be deemed to possess such facilities and equipment).

Article 11(Modification of Details of Designation of Inspection Institutions) #

"Important matter prescribed by Presidential Decree" in the latter part of Article 13 (2) of the Act means any of the following: <Amended on Jul. 31, 2012>

1. Representative or trade name;

2. Address of business office;

3. Fields of inspection or instruments for inspection;

4. Technological capabilities;

5. Facilities or equipment.

[Title Amended on Jul. 31, 2012]

Article 12(Criteria for Registration of Measuring Agency Business) #

(1) A person who intends to register measuring agency business pursuant to Article 16 (1) of the Act shall be equipped with the following capabilities, facilities, and equipment: <Amended on Jul. 31, 2012; Jul. 17, 2017; Aug. 16 2022>

1. Technical capabilities: He or she shall meet all of the following requirements:

(a) The person shall employ the following technical personnel:

(i) Air field: At least three persons;

(ii) Water quality field: At least three persons;

(iii) Noise and vibration field: At least one person;

(iv) Indoor air quality field: At least three persons;

(v) Malodor field: At least two persons;

(b) To be skilled in analyzing standard samples under Article 18-2 (2) 1 of the Act (excluding noise and vibration field);

(c) To be judged as appropriate after conducting field assessment under Article 18-2 (2) 2 of the Act (excluding noise and vibration field);

2. The following facilities and equipment:

(a) A laboratory (excluding the noise and vibration field);

(b) Equipment and experimental devices with which testing or inspection can be conducted of the items to be measured (where a contract for the joint use of the some of the equipment and experimental devices prescribed by Ordinance of the Ministry of Environment is entered into with a person (excluding another measuring agent) who possesses such equipment and experimental devices, the person intending to register measuring agency business shall be deemed to possess such equipment and experimental devices);

3. Deleted. <Aug. 16, 2022>

(2) Detailed criteria relating to the technical capabilities, facilities, equipment, etc. under the subparagraphs of paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Jul. 31, 2012; Aug. 16, 2022>

Article 13(Modification of Registration of Measuring Agency Business) #

"Important matter prescribed by Presidential Decree" in the latter part of Article 16 (1) of the Act means any of the following:

1. Representative or trade name;

2. Address of business office or laboratory;

3. Items to be measured by an agent;

4. Technical capabilities;

5. Experiment devices or equipment.

Article 13-2(Places of Business Subject to Management of Measuring Agency Contracts) #

"Place of Business prescribed by Presidential Decree" in Article 16 (7) of the Act means any of the following places of business:

1. Type I place of business and Type II place of business specified in attached Table 1-3 of the Enforcement Decree of the Clean Air Conservation Act;

2. Type 1 place of business and Type 2 place of business specified in attached Table 13 of the Enforcement Decree of the Water Environment Conservation Act.

[This Article Newly Inserted on Sep. 29, 2020]

[Previous Article 13-2 moved to Article 13-5 <Sep. 29, 2020>]

Article 13-3(Designation of Institutions to Manage Measuring Agency Contracts) #

(5) “Specialized institution prescribed by Presidential Decree, such as the Korea Environment Corporation” in Article 16-2 (1) of the Act means any of the following institutions:

1. The Korea Environment Corporation under the Korea Environment Corporation Act;

2. A public institution under Article 4 of the Act on the Management of Public Institutions that conducts business related to environment.

(2) An institution that intends to be designated as an institution to manage measuring agency contracts under Article 16-2 (1) of the Act shall submit to the Minister of Environment a written application for its designation as an institution to manage measuring agency contracts that is prescribed by Ordinance of the Ministry of Environment, accompanied by the following documents:

1. Business plan;

2. Documents verifying that the institution is equipped with specialized human resources, facilities, and equipment specified in subparagraphs 1 and 2 of attached Table 1;

3. Operational rules for the management of measuring agency contracts under subparagraph 3 of attached Table 1.

(3) Upon receipt of an application under paragraph (2), the Minister of Environment may designate the institution as an institution to manage measuring agency contracts, if he or she deems that the relevant institution meets the standards for designation of an institution to manage measuring agency contracts specified in attached Table 1.

(4) Where the Minister of Environment designates an institution to manage measuring agency contracts pursuant to Article 16-2 (1) of the Act, the period of designation shall be five years.

(5) Where the Minister of Environment designates an institution to manage measuring agency contracts pursuant to Article 16-2 (1) of the Act, the Minister shall issue the relevant institution a certificate of designation as an institution to manage measuring agency contracts prescribed by Ordinance of the Ministry of Environment, and post such fact on the website of the Ministry of Environment.

(6) "Projects prescribed by Presidential Decree" in Article 16-2 (2) 3 of the Act means any of the following projects:

1. Survey and research for the promotion of development and dissemination of measuring agency contract practices and for the improvement of relevant laws and systems;

Article 13-4(Period of Suspension of National Technical Qualification) #

(1) The period of suspension of national technical qualification under Article 17-2 (3) of the Act shall be one year.

(2) Where the competent Minister makes a disposition to suspend a national technical qualification pursuant to Article 17-2 (2) of the Act, such disposition may be mitigated by up to six months, taking into account the severity of the violation, the motive for, consequences, etc. thereof.

[This Article Newly Inserted on Sep. 29, 2020]

Article 13-5(Testing and Inspection Institutions) #

(1) "Person prescribed by Presidential Decree" in Article 18-2 (1) of the Act means the following testing and inspection institutions: <Amended by Jan. 14, 2014; Jan. 19, 2016; Dec. 20, 2016; Jan. 17, 2017; Jul. 17, 2017; Jan. 16, 2018; Oct. 16, 2018; Dec. 11, 2018; Sep. 29, 2020>

1. An inspection institution for environmental measuring instruments under Article 13 of the Act;

2. A measuring agent under Article 16 of the Act;

3. An institution inspecting air pollution levels under the latter part of Article 22 (2) of the Enforcement Decree of the Clean Air Conservation Act;

4. An institution inspecting indoor air quality pollution levels under the main clause of Article 13 (6) of the Indoor Air Quality Control Act;

5. A malodor-inspecting institution under Article 18 (1) of the Malodor Prevention Act;

6. A public wastewater treatment facility (applicable only to a facility that has a laboratory and equipment, and conducts testing and inspections in the water quality field) under subparagraph 17 of Article 2 of the Water Environment Conservation Act;

7. An institution inspecting pollution levels under the main clause of Article 68 (2) of the Water Environment Conservation Act;

8. An institution inspecting the quality of drinking water under the former part of Article 43 (1) of the Drinking Water Management Act;

9. An official test facility of wastes, an inspection agency for waste treatment facilities, and a measuring institution of pollutants under Articles 17-2 (4), the former part of Article 30 (1), and 31 (2) of the Wastes Control Act;

10. A soil-related specialized agency under Article 23-2 (1) of the Soil Environment Conservation Act;

10-2. A public sewage treatment plant (applicable only to a plant that has a laboratory and equipment, and conducts testing and inspections in the water quality field) under subparagraph 9 of Article 2 of the Sewerage Act;

11. A person whose environmental impact assessment business has been registered under Article 54 of the Environmental Impact Assessment Act and who has measuring instruments in place and conducts testing and inspections in the fields specified in the subparagraphs of Article 6 (1) of the Act;

12. A persistent pollutant measuring institution under the former part of Article 19 (1) of the Persistent Pollutants Control Act;

Article 14(Eligibility for Qualification Examination for Environmental Measurer and Analyst and Examination Fields) #

(1) Eligibility for the qualification examination for an environmental measurer and analyst under Article 19 (3) of the Act shall be as listed in attached Table 3. <Amended on Sep. 29, 2020>

(2) A qualification examination for an environmental measurer and analyst examination under Article 19 (3) of the Act shall cover the following fields:

1. Air measurement and analysis;

2. Water quality measurement and analysis.

Article 15(Qualification Examination for Environmental Measurer and Analyst) #

(1) A qualification examination for an environmental measurer and analyst under Article 19 (3) of the Act consists of two separate rounds. The preliminary examination shall be a written examination, and the final examination shall be a practical examination; the subjects for examination in each field shall be as listed in attached Table 4: Provided, That if deemed necessary, the head of an examining institution may conduct both the preliminary written examination and the final practical examination simultaneously. <Amended on Sep. 29, 2020>

(2) Those persons who qualify the preliminary examination shall be such persons who attain the score of at least 40 out of 100 for each subject, and an average score of 60 for all subjects.

(3) Those persons who qualify the final examination shall be such persons who attain the score of at least 60 out of 100 for each subject.

(4) The final examination shall be implemented for persons who qualify the preliminary examination: Provided, That where both the preliminary examination and final examination are implemented simultaneously, the results of the final examination of those persons who fail to qualify the preliminary examination shall be invalidated.

(5) Those persons who qualify the preliminary examination shall be exempt from the preliminary examination for two years from the date such persons qualify the preliminary examination: Provided, That where the final examination is not implemented within two years, such persons shall be exempt from taking the subsequent preliminary examination after such time limited to one time.

(6) Those who have participated in the field assessment under Article 18-2 (2) 2 of the Act at least 20 times as prescribed by Ordinance of the Ministry of Environment shall be exempt from the subject of accuracy management for the examination under attached Table 4. <Newly Inserted on Jul. 31, 2012; Sep. 29, 2020>

(7) Where a person attains the score of at least 60 out of 100 for a subject in the final examination implemented for the first time after being qualified for the preliminary examination, such person shall be exempt from taking the relevant subject in the final examination implemented for the first time after such final examination. <Newly Inserted on Jul. 31, 2012>

(8) Where the certificate of a person who passes an environmental measurer and analyst examination and is issued a certificate of environmental measurer and analyst is lost or is unusable as it is worn out, or where the matters stated in such certificate has changed, such person may request the Minister of Environment to issue a new certificate. <Amended on Jul. 31, 2012>

Article 16(Persons Eligible for Support for Technical Development) #

"Person prescribed by Presidential Decree" in Article 25 (2) of the Act means any of the institutions, organizations or business owners under the subparagraphs of Article 7 (2).

Article 17(Delegation of Authority) #

(1) The Minister of Environment shall delegate his or her authority to impose and collect administrative fines under Article 35 (2) 1, 2, 2-3, 3, 4, 4-2, 4-4, 5 through 7 of the Act (in the case of subparagraph 6 and 7 of that paragraph, limited to cases where a person falling under Article 28 (2) 1, 1-2, 2, or 4 of the Act has refused, obstructed, or evaded a request, etc. by the Minister of Environment for submission of data) to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or 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 city with a population of 500,000 or more, excluding the Seoul Special Metropolitan City, a Metropolitan City, and a Special Self-Governing City under Article 198 (1) of the Local Autonomy Act), pursuant to Article 31 of the Act. <Amended on Jul. 31, 2012; Dec. 11, 2018; Sep. 29, 2020; Dec. 16, 2021; Aug. 16, 2022>

(2) The Minister of Environment pursuant to Article 31 of the Act shall delegate his or her authority to impose and collect administrative fines under Article 35 (1) and (2) 2-2, 4-3, 6 and 7 of the Act (in the case of paragraph (2) 6 and 7, limited to the persons who fall under Article 28 (2) 3 of the Act and have refused, obstructed or evaded a request, etc. for data of the President of the National Institute of Environmental Research) to the heads of river basin environmental offices and the heads of regional environmental offices. <Amended on Jul. 31, 2012; Dec. 11, 2018>

(3) The Minister of Environment shall delegate to the President of the National Institute of Environmental Research the following authority pursuant to Article 31 of the Act: <Amended on Jul. 31, 2012; Jul. 17, 2017; Aug. 16, 2022>

1. Public notification of the official test standards for environmental pollution under the former part of Article 6 (1) of the Act and consultations with the heads of relevant central administrative agencies under paragraph (2) of that Article;

1-2. Consultations with the heads of relevant central administrative agencies under Article 7 of the Act;

1-3. Type approval for measuring instruments, approval for modification and acceptance of import declaration under Article 9 (1) through (3) of the Act;

1-4. Preliminary type approval for new products and revocation thereof or an order to take measures under Article 9-2 of the Act;

1-5. Performance certification for simple measuring instruments under Article 9-3 of the Act;

Article 17-2(Processing of Personally Identifiable Information) #

The Minister of Environment (including persons delegated with the authority of the Minister of Environment pursuant to Article 17), Mayors/Do Governors, mayors of large cities (where authority is delegated or entrusted to others, referring to those persons delegated or entrusted with such authority) or the heads of the institutions designated pursuant to Article 21 of the Act as educational and examining institutions of environmental measurers and analysts may process data including resident registration numbers under subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act where it is unavoidable to perform the following affairs: <Amended by Dec. 11, 2018>

1. Affairs relating to the registration of a measuring agency business under Article 16 of the Act;

2. Affairs relating to an environmental measurer and analyst examination and the management of qualifications under Article 19 of the Act;

3. Affairs relating to ex post facto management, such as access to the places of business, inspection, etc., under Article 28 of the Act.

[This Article Newly Inserted on Jan. 6, 2012]

Article 17-3(Re-Examination of Regulation) #

The Minister of Environment shall examine the appropriateness of the following matters every three years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements: <Newly Inserted on Mar. 8, 2022>

1. Scope of the place of business subject to management of measuring agency contracts under Article 13-2: January 1, 2022;

2. Designation of institutions to manage measuring agency contracts under Article 13-3: January 1, 2022;

3. Period of suspension of the national technical qualification under Article 13-4: January 1, 2022.

(2) The Minister of Environment shall examine the appropriateness of eligibility for the qualification examination for an environmental measurer and analyst and areas of examination under Article 14 and attached Table 3 every two years, counting from January 1, 2022 (referring to the period that ends on the day before the base date of every second year) and shall take measures, such as making improvements. <Amended on Dec. 9, 2014; Sep. 29, 2020; Mar. 8, 2022>

[This Article Newly Inserted on Dec. 30, 2013]

Article 18(Criteria for Imposition of Administrative Fines) #

The criteria for imposition of administrative fines under Article 35 (1) and (2) of the Act shall be as listed in attached Table 5. <Amended on Sep. 29, 2020>

[This Article Wholly Amended on Apr. 5, 2011]