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ENFORCEMENT DECREE OF THE FRAMEWORK ACT ON LOW CARBON, GREEN GROWTH — 법갈피

영문법령 / ENFORCEMENT DECREE OF THE FRAMEWORK ACT ON LOW CARBON, GREEN GROWTH

ENFORCEMENT DECREE OF THE FRAMEWORK ACT ON LOW CARBON, GREEN GROWTH

대통령령타법개정시행 2019-03-14국무조정실 · 제29617호 · 공포 2019-03-12

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Decree is to prescribe matters mandated by the Framework Act on Low Carbon, Green Growth and matters necessary for the enforcement thereof.

Article 2(Greenhouse Gases) #

Hydro fluoro carbons (HFCs) and perfluorocarbons (PFCs) set forth in subparagraph 9 of Article 2 of the Framework Act on Low Carbon, Green Growth (hereinafter referred to as the "Act") shall be as specified in attached Table 1.

CHAPTER II NATIONAL STRATEGY OF LOW CARBON, GREEN GROWTH

Article 3(Modifications to National Strategy of Low Carbon, Green Growth) #

"Modifications to minor matters prescribed by Presidential Decree" in the proviso of Article 9 (3) of the Act means a modification to a matter that does not affect the essential elements of the national strategy of low carbon, green growth under paragraph (1) of the same Article (hereinafter referred to as the "national strategy"), such as a partial modification to the composition or details of practical tasks and detailed tasks, an annual implementation plan, or a matter regarding the main responsible agency or a related agency within the direction of the policies.

Article 4(Formulation of Five-Year National Strategic Plans for Low Carbon, Green Growth) #

The Government may formulate a five-year national strategic plan for low carbon, green growth (hereinafter referred to as "five-year plan") every five years in order to implement national strategies efficiently and systematically. In such cases, each five-year plan shall undergo deliberations by the Presidential Committee on Green Growth (hereinafter referred to as the "Committee") under Article 14 of the Act and by the Cabinet meeting.

Article 5(Establishment of Central Action Plan)

Article 7(Establishment of Local Action Plans) #

(1) Pursuant to Article 11 (1) of the Act, the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor or the Governor of Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") shall establish a local action plan for green growth (hereinafter referred to as "local action plan"), including the following matters, for each five-year period within six months from the date on which the national strategy or a five-year plan is established or revised:

1. Analysis on the current status related to the promotion of green growth in the Special Metropolitan City, Metropolitan City or Do or Special Self-Governing Province (hereinafter referred to as "City/Do") and the course and results of implementation;

2. Matters concerning the vision, the strategy, the direction of policies and the agenda of policies, in which each local government's particulars are reflected, in connection with the national strategy, the five-year plan, and central action plans;

3. Annual action plans;

4. Future prospects and expected effects from the implementation of the local action plan;

5. The regional green growth implementation system linked to local governments within his/her jurisdiction;

6. Other matters necessary for the local government's implementation of low carbon, green growth.

(2) The Minister of Environment may prescribe appropriate guidelines to support and cooperate in establishing local action plans to be harmonized with the national strategy and notify the relevant Mayors/Do Governors of such guidelines. <Amended by Presidential Decree No. 27180, May 24, 2016>

(3) Except as provided in paragraphs (1) and (2), necessary matters concerning the method and procedure for the establishment of local action plans and the procedure for implementation of the plans shall be prescribed by municipal ordinance.

(4) "Modifications to minor matters prescribed by Presidential Decree" in the proviso of Article 11 (2) of the Act means a partial modification to agenda in policies within the direction for policies, which constitutes a matter that does not affect the essential elements of a central action plan.

Article 15(Composition and Operation of Local Committee on Green Growth) #

(1) A local committee on green growth under Article 20 of the Act shall be comprised of not more than 50 members, including two Chairpersons.

(2) The following persons shall be the chairpersons of local committees on green growth: <Amended by Presidential Decree No. 24270, Dec. 27, 2012>

1. The Vice Mayor or Governor for administrative affairs under Article 73 (2) of the Enforcement Decree of the Local Autonomy Act (in cases of a City/Do in which at least two Vice Mayors or Governors for administrative affairs, a person appointed by the relevant Mayor/Do Governor shall be the Vice Mayor or Governor for administrative affairs): Provided, That where the Vice Mayor or Governor for political affairs conducts affairs on green growth by taking partial charge of affairs of the Vice Mayor or Governor for administrative affairs pursuant to the proviso of Article 73 (4) of the Enforcement Decree of the Local Autonomy Act, the Vice Mayor or Governor for political affairs (including cases where the name of the Vice Mayor or Governor for political affairs is otherwise prescribed by municipal ordinance pursuant to paragraph (5) of the same Article);

2. A person appointed by the Mayor/Do Governor from among members referred to in paragraph (3) 2.

(3) Members of a local committee on green growth shall be the following persons:

1. Director general level public officials of the competent City/Do appointed by the Mayor/Do Governor;

2. Persons commissioned by the competent Mayor/Do Governor, from among persons who have extensive knowledge and experience in low carbon, green growth, including climate change, energy and resources, green technology and green industry, and sustainable development.

(4) Each local committee on green growth shall deliberate on the following matters:

1. Matters concerning the basic direction of low carbon, green growth of the local government;

2. Matters concerning the establishment of and revision to the local action plan;

3. High-priority tasks and action plans for implementing the local action plan;

4. Other matters that the Chairperson of the local committee on green growth considers necessary in connection with low carbon, green growth of the local government.

(5) Except as provided in paragraphs (1) through (4), matters necessary for the composition and operation of each local committee on green growth shall be prescribed by ordinance of each local government.

Article 19(Certification of Conformity of Green Technology and Green Projects and Accreditation of Specialized Green Enterprises) #

(1) Pursuant to Article 32 (2) of the Act, the head of each central administrative agency shall grant the certification of conformity (in cases of green technology, including the confirmation on products to which certified green technology has applied) and the accreditation of a specialized green enterprise (hereinafter referred to as "green certification") to a green technology and a green project (referring to a project that has great economic and technical effects, among economic activities related to green growth, such as the installation of facilities and infrastructure for green industries and the application, dissemination, and diffusion of green technology and green industries) under his/her jurisdiction. <Amended by Presidential Decree No. 24270, Dec. 27, 2012>

(2) Any person who intends to obtain green certification shall file an application for green certification with the head of the competent central administrative agency and the head of the competent central administrative agency shall, upon receiving such application, designate an institution to have it evaluate contents of the application (hereinafter referred to as "evaluating institution") for green certification.

(3) Appropriate central administrative agencies shall jointly form a committee for deliberation on green certification (hereinafter referred to as the "Certification Committee") in order to have it confirm results of the evaluation of an evaluating institution and make a decision on whether to grant green certification.

(4) The head of the competent central administrative agency shall entrust the Korea Institute for Advancement of Technology under Article 38 of the Industrial Technology Innovation Promotion Act with the receipt of applications for green certification and assistance to evaluating institutions in evaluations, pursuant to paragraph (2).

(5) The head of the competent central administrative agency may require a person who files an application for green certification pursuant to paragraph (2) to bear expenses incurred in certification.

(6) The term of validity of green certification shall be three years from the date of certification, and may be extended only once by up to three years. <Newly Inserted by Presidential Decree No. 27180, May 24, 2016>

(7) Except as provided in paragraphs (1) through (6), matters necessary for green certification, including subject matters of green certification, the standards, procedures, and method of granting green certification, the extension of the term of validity of green certification, the designation of evaluating institutions, and the composition and operation of the Certification Committee shall be jointly determined and publicly notified in the Official Gazette, by the Minister of Economy and Finance, the Minister of Science and ICT, the Minister of Culture, Sports and Tourism, the Minister of Agriculture, Food and Rural Affairs, the Minister of Trade, Industry and Energy, the Minister of Environment, the Minister of Land, Infrastructure and Transport, the Minister of Oceans and Fisheries, Minister of SMEs and Startups and the Chairperson of the Korea Communications Commission. <Amended by Presidential Decree No. 24429, Mar. 23, 2013; Presidential Decree No. 27180, May 24, 2016; Presidential Decree No. 28211, Jul. 26, 2017>

Article 25(Establishment and Management of National Target for Greenhouse Gas Emission Reduction) #

(1) A target for greenhouse gas emission reduction referred to in Article 42 (1) 1 of the Act shall be to reduce total nationwide emissions of greenhouse gases of 2030 by 37/100 below the estimated greenhouse gas emissions for 2030. <Amended by Presidential Decree No. 27180, May 24, 2016>

(2) In measuring the target for greenhouse gas emission reduction provided in paragraph (1), the greenhouse gas emissions reduced shall include the greenhouse gas emissions reduced by trading in an international carbon market, etc. <Newly Inserted by Presidential Decree No. 27180, May 24, 2016>

(3) The Minister of Environment shall support tasks regarding policy coordination, such as formulating government-wide policy measures for setting, managing and implementing targets for greenhouse gas emission reduction prescribed in Article 42 (1) 1 of the Act. In such cases, the heads of relevant central administrative agencies shall cooperate as much as possible, including providing data requested by the Minister of Environment. <Newly Inserted by Presidential Decree No. 28561, Dec. 29, 2017>

(4) Where the Committee deliberates on matters concerning measures necessary for the establishment of specific reduction targets according to the target for greenhouse gas emission reduction provided in paragraph (1) and the target for each sector provided for in Article 42 (5) of the Act and for the support for achieving the targets, such matters shall be referred for deliberation to the Mid- and Long-Term Strategy Committee defined in Article 2 of the Regulations on the Mid- and Long-Term Strategy Committee before the deliberation by the Committee. <Amended by Presidential Decree No. 24270, Dec. 27, 2012; Presidential Decree No. 27180, May 24, 2016; Presidential Decree No. 28561, Dec. 29, 2017>

(5) Where the Committee deliberates on the basic direction setting for policies on low carbon, green growth, it shall preferentially take into consideration schemes through which the conformity of central and local action plans with the national strategy can be realized to ensure that reduction targets under paragraph (1) are achieved and the basic plan for coping with climate change under Article 40 of the Act, the basic energy plan under Article 41 of the Act, and the basic plan for sustainable development under Article 50 of the Act can be systematically linked. <Amended by Presidential Decree No. 27180, May 24, 2016>

Article 26(Principles of Target Management for Greenhouse Gases and Energy, and Roles of Managers) #

(1) The Minister of Environment shall manage and coordinate overall affairs if target management is implemented under Article 42 (6) of the Act. <Amended by Presidential Decree No. 27180, May 24, 2016; Presidential Decree No. 28561, Dec. 29, 2017>

(2) The Minister of Environment shall prepare comprehensive standards and guidelines for target management provided in Article 42 (6) of the Act, including the establishment, control and appraisal of targets, in consideration of the integration and linkage of target management for greenhouse gases and energy, conditions of domestic industries, international trends, prevention of double regulation, and advancement of related regulation; and shall provide a public notice of such standards and guidelines in the Official Gazette. Such standards and guidelines shall be subject to prior consultation with the head of a relevant central administrative agency by sector under paragraph (3) (hereinafter referred to as "agency responsible for each sector") and deliberation by the Committee. <Amended by Presidential Decree No. 27180, May 24, 2016; Presidential Decree No. 28561, Dec. 29, 2017>

(3) An agency responsible for each sector shall manage the affairs concerning the establishment and control of targets provided in Article 42 (6) of the Act and matters concerning measures necessary for the sector categorized as follows, and shall ensure that the targets provided in Article 42 (6) of the Act are consistent with a particular target for greenhouse gas emission reduction provided in Article 25 (1) and targets for each sector provided in Article 42 (5) of the Act. In such cases, agencies responsible for each sector shall cooperate with the Minister of Environment in overall management and coordination under paragraph (1) to the maximum extent possible: <Amended by Presidential Decree No. 24270, Dec. 27, 2012; Presidential Decree No. 24429, Mar. 23, 2013; Presidential Decree No. 27180, May 24, 2016; Presidential Decree No. 28561, Dec. 29, 2017>

1. The Ministry of Agriculture, Food and Rural Affairs: Agriculture, forestry, livestock, and food;

2. The Ministry of Trade, Industry and Energy: Industries and power generation;

3. The Ministry of Environment: Wastes;

4. The Ministry of Land, Infrastructure and Transport: Buildings and transportation (excluding marine transportation);

5. The Ministry of Oceans and Fisheries: Oceans, fisheries, marine transportation, and ports.

(4) If necessary to enhance the reliability of target management provided for in Article 42 (6) of the Act, the Minister of Environment may comprehensively monitor and evaluate affairs under jurisdiction of the agency responsible for each sector under paragraph (3) and require the agency responsible for the sector to take necessary measures, such as issuing orders to business entities emitting greenhouse gases and business entities consuming energy under Article 42 (6) of the Act (hereinafter referred to as "controlled entities") to make improvements according to results of such monitoring and evaluation, and the agency responsible for each sector shall comply with such requirement unless there is a special reason for not doing so. <Amended by Presidential Decree No. 28561, Dec. 29, 2017>

(5) If the Minister of Environment considers that there is a serious problem in results of controlled entities' performance for the targets of reduction of greenhouse gases and energy saving or the reliability of the statements under Article 34, he/she shall conduct an investigation into actual conditions of controlled entities jointly with the agency responsible for each sector.

(6) The Minister of Environment may request the agency responsible for each sector to furnish him/her with data necessary for the monitoring and evaluation under paragraph (4).

Article 28(Method and Procedure for Target Management of Central Administrative Agencies) #

(1) The head of each central administrative agency under Article 42 (4) of the Act, each local government, or each public institution under Article 27 (hereinafter referred to as "central administrative agency, etc."), shall submit to the Center an implementation plan for achieving targets for greenhouse gas emission reduction and energy saving for the relevant year, including the following matters, by not later than January 31, each year in electronic form: <Amended by Presidential Decree No. 24270, Dec. 27, 2012; Presidential Decree No. 28561, Dec. 29, 2017>

1. Annual target for greenhouse gas emission reduction and energy saving and an implementation plan therefor;

2. Emissions of greenhouse gases and consumption of energy;

3. Facilities emitting greenhouse gases and facilities using energy;

4. Emissions of greenhouse gases from each facility and consumption of energy per facility;

5. Other matters prescribed by the Minister of Environment to achieve targets of the reduction of greenhouse gas emissions and energy saving.

(2) Where the Minister of Environment deems that an implementation plan referred to in paragraph (1) is inappropriate, he/she may request the head of the central administrative agency, etc. to improve or cure the implementation plan, subject to consultation with the Minister of the Interior and Safety, the Minister of Trade, Industry and Energy and the Minister of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 24270, Dec. 27, 2012; Presidential Decree No. 24429, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017>

(3) Upon receipt of a request for improvement or supplement pursuant to paragraph (2), the head of a central administrative agency, etc. shall submit the implementation plan, in which such request is reflected, to the Center within one month from the date of such request.

(4) The head of a central administrative agency, etc. shall submit a report on the results of an implementation plan under paragraph (1) to the Center in electronic form, by not later than March 31 of the following year.

(5) The Minister of the Interior and Safety, the Minister of Trade, Industry and Energy, the Minister of Environment and the Minister of Land, Infrastructure and Transport shall jointly evaluate a report on the results of an implementation plan under paragraph (4) within three months from the date of receipt of such report, and shall report the findings of such evaluation to the Prime Minister. <Amended by Presidential Decree No. 24270, Dec. 27, 2012; Presidential Decree No. 24429, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017>

(6) If necessary according to the outcomes of evaluation under paragraph (5), the Prime Minister may order the heads of central administrative agency, etc. to take measures necessary to facilitate the reduction of greenhouse gas emissions and energy saving.

(7) The head of a central administrative agency, etc. may achieve targets referred to in Article 42 (4) of the Act, jointly with the head of other central administrative agency, etc. <Newly Inserted by Presidential Decree No. 24270, Dec. 27, 2012; Amended by Presidential Decree No. 28561, Dec. 29, 2017>

(8) The results of greenhouse gas reduction and energy conservation projects performed by a central administrative agency, etc. outside the relevant agency (excluding other central administrative agency, etc., controlled entities, enterprises eligible for allocation of greenhouse gas emission permits under Articles 8 and 9 of the Act on the Allocation and Trading of Greenhouse-Gas Emission Permits) may be recognized as the results of implemented targets under Article 42 (4) of the Act. <Newly Inserted by Presidential Decree No. 24270, Dec. 27, 2012; Amended by Presidential Decree No. 28561, Dec. 29, 2017>

(9) If necessary to enable the head of a central administrative agency, etc. to achieve targets under Article 42 (4) of the Act without interruption, the head of relevant central administrative agency may provide financial and technical support, research and diagnosis on actual implementation, data and information. <Newly Inserted by Presidential Decree No. 24270, Dec. 27, 2012; Amended by Presidential Decree No. 28561, Dec. 29, 2017>

(10) Except as provided in paragraphs (1) through (9), the Minister of Environment shall determine detailed matters on the submission, improvement of and supplement to an implementation plan, the submission and evaluation of a report on the results of the implementation plan, the monitoring of actual implementation and follow-up measures, the joint achievement of targets and the scope of outside projects, the recognition and management of the results of actual implementation, etc. by central administrative agency, etc., in consultation with the Minister of the Interior and Safety, the Minister of Trade, Industry and Energy and the Minister of Land, Infrastructure and Transport, and provide a public notice of the detailed matters in the Official Gazette. <Newly Inserted by Presidential Decree No. 24270, Dec. 27, 2012; Presidential Decree No. 24429, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017>

Article 29(Standards for Designation of Controlled Entities) #

(1) "Each entity that emits greenhouse gases, and each entity that consumes energy, in the standard quantity specified by Presidential Decree or more" in Article 42 (6) of the Act means any of the following business entities: <Amended by Presidential Decree No. 28561, Dec. 29, 2017>

1. A business entity whose average total quantities per year of greenhouse gases emitted from and energy consumed in all its places of business during the latest three years as of January 1 of the pertinent year meet all standards specified in attached Tables 2 and 3;

2. A business entity's place of business in which average total quantities per year of emissions of greenhouse gases and consumption of energy during the latest three years meet all the standards specified in attached Tables 4 and 5, among the business entity's places of business.

(2) The agency responsible for each sector shall select business entities under paragraph (1) as controlled entities and notify the Minister of Environment of such entities by not later than April 30 each year, along with relevant data attached thereto. <Amended by Presidential Decree No. 24270, Dec. 27, 2012>

(3) The Minister of Environment shall, upon receiving a notice under paragraph (2), examine duplication or omission in selection of controlled entities, appropriateness of regulation, etc. and notify the agency responsible for the sector of results thereof, and the agency responsible for the sector shall, upon receiving such a notice, designate controlled entities and give public notice thereof through the Official Gazette not later than June 30, each year.

(4) Any controlled entity that has an objection to the designation under paragraph (3) may file the objection with the agency responsible for the sector, along with supporting data attached thereto, within 30 days from the date of public notice.

(5) The agency responsible for each sector shall, upon receiving an objection under paragraph (4), review the case and shall notify the relevant controlled entity of results thereof within 30 days from the filing date of the objection, subject to the confirmation of the Minister of Environment, and the agency responsible for each sector shall, if there is any change in the designation of a controlled entity, give public notice of the change in detail through the Official Gazette.

(6) The Minister of Environment may integrate lists of controlled entities, designated and publicly notified by the agency responsible for each sector pursuant to paragraph (3), to make a comprehensive announcement.

Article 30(Method and Procedure for Target Management for Controlled Entities) #

(1) Pursuant to Article 42 (6) of the Act, the agency responsible for each sector shall establish targets of the reduction of greenhouse gases, energy saving, and efficiency in the use of energy of controlled entities for the following year by not later than September 30, each year and shall notify the targets to the controlled entities and the Center. <Amended by Presidential Decree No. 28561, Dec. 29, 2017>

(2) In cases of the closure and failure to operate existing facilities, the failure to implement the installation or extension of facilities, or the alteration of the boundary of the organization of controlled entities, the agency responsible for each sector may revise targets under paragraph (1) and notify controlled entities and the Center of the revised targets. <Newly Inserted by Presidential Decree No. 24270, Dec. 27, 2012>

(3) When the agency responsible for each sector establishes targets of the reduction of greenhouse gases, energy saving, and the efficiency in the use of energy of controlled entities pursuant to paragraph (1), it shall organize and operate a council comprised of public officials under the jurisdiction of relevant central administrative agencies and non-governmental experts pursuant to the latter part of Article 42 (6) of the Act. <Amended by Presidential Decree No. 24270, Dec. 27, 2012; Presidential Decree No. 28561, Dec. 29, 2017>

(4) Each controlled entity notified of targets under paragraph (1) shall submit an implementation plan for the following year, including the following matters, to the agency responsible for the sector in electronic form by not later than December 31, each year, and the agency responsible for each sector shall confirm and submit the plan to the Center by not later than January 31 of the following year: Provided, That any controlled entity notified of the revised target pursuant to paragraph (2) shall revise matters requiring the revision thereof in the implementation plan submitted and submit the revised implementation plan in an electronic form to the agency responsible for each sector, and the agency responsible for each sector shall confirm and submit the revised implementation plan to the Center within 15 days: <Amended by Presidential Decree No. 24270, Dec. 27, 2012; Presidential Decree No. 28561, Dec. 29, 2017>

1. Annual targets for each three-year period and a performance plan therefor;

2. The current status and operating ratio of production facilities in each place of business;

3. Types and quantity of greenhouse gases emitted from each place of business and types and quantity of energy consumed in each place of business;

4. Targets of reduction of greenhouse gases, energy saving, and the efficiency of the use of energy in each place of business and the method of performance therefor;

5. The current status of greenhouse gases emitted from each main manufacturing process and the consumption of energy in each main production process;

6. Targets of reduction of greenhouse gases, energy saving, and the efficiency of the use of energy in each main manufacturing process and the method of performance therefor;

7. The method of calculating the quantity of greenhouse gases emitted from each place of business and the quantity of energy consumed in each place of business (including calculation and measurement methods);

8. Other matters determined by the Minister of Environment for the implementation of targets under Article 42 (6) of the Act.

(5) Each controlled entity shall report the results (where the installation or extension of facilities has been achieved, which was not considered when it established targets under paragraph (1), the results thereof shall be included) of the execution of an implementation plan under paragraph (4) to the agency responsible for the sector in electronic form by not later than March 31 of the following year, and the agency responsible for each sector shall verify the accuracy of reports on results and whether such reports have been prepared in a measurable, reportable, and verifiable manner and submit the reports to the Center. <Amended by Presidential Decree No. 24270, Dec. 27, 2012>

(6) When the agency responsible for each sector finds that the results of implementation (excluding the results deemed inappropriate to be evaluated by the agency responsible for each sector, which result from the installation or extension of facilities not considered when it established targets under paragraph (1) as the results for the relevant year) of a controlled entity under paragraph (5) do not meet targets according to the evaluation or that the method applied to measurement, reporting, or verification, among details in a report, is inadequate, it shall issue an order for improvement under Article 42 (9) of the Act or take other necessary measures and notify the Minister of Environment thereof. <Amended by Presidential Decree No. 24270, Dec. 27, 2012; Presidential Decree No. 28561, Dec. 29, 2017>

(7) Any controlled entity that has received an order for improvement pursuant to paragraph (6) shall, when it establishes a performance plan under paragraph (4), reflect it in the plan. <Amended by Presidential Decree No. 24270, Dec. 27, 2012>

Article 32(Verification Institutions) #

(1) "A reliable, independent, specialized institution specified by Presidential Decree" in Article 42 (10) of the Act means an institution designated and publicly notified by the Minister of Environment in consultation with the agency responsible for the sector, which meets all of the following requirements: <Amended by Presidential Decree No. 24270, Dec. 27, 2012; Presidential Decree No. 28561, Dec. 29, 2017>

1. The institution shall have professional manpower, facilities, equipment, etc. that enable it to carry out the measurement, reporting, and verification of greenhouse gas emissions and energy consumption in a professional manner;

2. The institution shall buy a liability insurance policy the amount of indemnity covered by which is at least one billion won in relation to the verification of greenhouse gas emissions and energy consumption;

3. The institute shall meet other requirements established by a public notice under paragraph (4).

(2) Where a reliable, independent, specialized institution designated pursuant to paragraph (1) (hereinafter referred to as "verification institution") falls under any of the following cases, the Minister of Environment may cancel the designation of a verification institution under paragraph (1): Provided, That where the verification institution falls under subparagraph 1 or 3 (in cases referred to in subparagraph 3, a grave error committed by design only shall be applicable), the Minister of Environment shall cancel the designation: <Newly Inserted by Presidential Decree No. 24270, Dec. 27, 2012>

1. Where it has been designated as a verification institution by fraud or other improper means;

2. Where it fails to meet the criteria for designation under paragraph (1);

3. Where a grave error, etc. in the result of verification by intention or gross negligence has been found.

(3) The Minister of Environment may, if necessary to raise the reliability of the measurement, reporting, and verification of controlled entities, request a verification institution to provide him/her with relevant data, and the verification institution requested shall comply with the request, unless there is a special reason for not doing so. <Amended by Presidential Decree No. 24270, Dec. 27, 2012>

(4) Except as provided in paragraphs (1) through (3), matters concerning the criteria and procedures for the designation and the cancellation of designation of a verification institution, the selection of a verification institution for controlled entities, etc. shall be determined by the Minister of Environment in consultation with the agencies responsible for each sector, and he/she shall publicly notify such matters in the Official Gazette. <Amended by Presidential Decree No. 24270, Dec. 27, 2012>

(5) Where the Minister of Environment intends to cancel the designation of a verification institution pursuant to paragraph (2), he/she shall hold a hearing. <Newly Inserted by Presidential Decree No. 24270, Dec. 27, 2012>

Article 34(Procedures for Reporting and Management of Statements) #

(1) Each controlled entity shall prepare a statement of the quantities of greenhouse gases emitted and energy consumed for the relevant year (in cases of the year in which it is first designated as a controlled entity pursuant to Article 29 (3), referring to the last three years) pursuant to Article 44 (1) of the Act and shall submit the statement to the agency responsible for the relevant sector by not later than March 31 of the following year, along with results of testing performed by the testing institution, in electronic form. <Amended by Presidential Decree No. 24270, Dec. 27, 2012>

(2) A statement under paragraph (1) shall include the following matters:

1. The scale of the entity, manufacturing facilities, raw materials of products, and manufacturing quantity;

2. Types and quantity of greenhouse gases emitted from each place of business and types, scale, quantity, and operating hours of facilities emitting greenhouse gases;

3. Types and quantity of energy used in each place of business, the composition of fuel in use, and types, scale, quantity, and operating hours of facilities using energy;

4. The quantity and types of greenhouse gases emitted from each manufacturing process and facility and the scale of each manufacturing process and facility;

5. Types, scale, processing efficiency, quantity, and operating hours of facilities for preventing greenhouse gas emission used in manufacturing process;

6. Types and quantity of greenhouse gases collected and disposed of;

7. The calculation and measurement method of the quantity of greenhouse gases emitted from each sector under subparagraphs 2 through 6 and the quantity of energy used in each sector;

8. The procedure for quality management of statements;

9. Deleted; <by Presidential Decree No. 24270, Dec. 27, 2012>

10. Other matters recognized by the agency responsible for each sector, subject to prior consultation with the Minister of Environment, for the control of the quantity of greenhouse gases emitted and the quantity of energy used by each controlled entity.

(3) The agency responsible for each sector shall, upon receiving a statement pursuant to paragraph (1), examine contents thereof and then submit the statement to the Center, along with relevant data, without delay, and the Center shall keep and maintain them in the register under Article 31 (1).

(4) Article 32 shall apply mutatis mutandis to a reliable, independent, specialized institution for verifying the reliability of statements under Article 44 (2) of the Act.

(5) Except as provided in paragraphs (1) through (4), matters concerning the method of preparing statements and the procedure for reporting shall be determined and publicly notified through the Official Gazette by the Minister of Environment, subject to prior consultation with the agency responsible for each sector.

Article 35(Disclosure of Statements) #

(1) In principle, a statement under Article 34 shall be disclosed, unless any exceptional circumstance exists otherwise, and the agency responsible for each sector and the Center may, upon receiving a request from a relevant administrative agency or a public institution under Article 4 of the Act on the Management of Public Institutions, furnish it with such a statement, subject to deliberation by the Committee.

(2) The Center may, upon receiving a request from the Financial Services Commission or the Korea Exchange for the disclosure of a listed corporation's business report pursuant to Article 163 of the Financial Investment Services and Capital Markets Act, forward the relevant controlled entity's statement.

(3) The disclosure of a statement under Article 44 (3) of the Act shall be made in electronic form through the web-site of the agency responsible for each sector or the Center's integrated information management system for greenhouse gases.

(4) Any controlled entity that intends to request non-disclosure of a statement pursuant to the proviso of Article 44 (3) of the Act shall file an explanatory letter regarding reasons for non-disclosure, along with the statement.

(5) The Center shall have a committee for examination on disclosure of statements under Article 44 (4) of the Act (hereinafter referred to as the "Examination Committee") in order to have it examine and decide whether to disclose information entirely or partially when a request for non-disclosure of a statement is filed pursuant to paragraph (4).

(6) The Examination Committee shall be comprised of not more than nine members, including one Committee Chairperson. <Amended by Presidential Decree No. 27180, May 24, 2016>

(7) A person nominated by the Minister of Environment, from among members of the Senior Executive Service of the Ministry of Environment shall serve as the Committee Chairperson, and the following persons shall serve as Committee members: <Amended by Presidential Decree No. 27180, May 24, 2016; Presidential Decree No. 28561, Dec. 29, 2017>

1. Five public official members appointed each by the heads of agencies responsible for each sector, from among those working for the agencies responsible for each sector;

2. Private sector members commissioned by the Minister of Environment through consultation with the agencies responsible for each sector, from among those who have considerable knowledge and experience in green growth and information disclosure.

(8) A meeting shall be duly formed to be open with the attendance of a majority of incumbent Committee members and shall adopt resolutions by the affirmative vote of a majority of members present at the meeting.

(9) Except as provided in paragraphs (6) through (8), matters necessary for the composition and operation of the Examination Committee shall be determined by the Committee Chairperson, subject to resolution of the Examination Committee.

Article 36(Establishment and Management of National Integrated Information Management System for Greenhouse Gases) #

(1) To establish and manage a national integrated information management system for greenhouse gases prescribed in Article 45 (1) of the Act, a Greenhouse Gas Inventory and Research Center (hereinafter referred to as “Center”) shall be established under the authority of the Minister of Environment. <Amended by Presidential Decree No. 27180, May 24, 2016; Presidential Decree No. 28561, Dec. 29, 2017>

(2) The Center shall take charge of the following affairs:

1. Assistance in setting up targets of the reduction of greenhouse gases at the national level and for each sector;

2. Operation of the national integrated information management system for greenhouse gases in compliance with international standards;

3. Cooperation and assistance in business affairs and furnishing information to relevant central administrative agencies pursuant to Articles 26 through 35;

4. Survey and research on support for reduction of domestic and overseas greenhouse gases;

5. Cooperation with international institutions and organizations related to low carbon, green growth, as well as with developing countries.

(3) The Minister of Environment shall organize and operate a consultative body comprised of public officials who are members of the Senior Executive Service of relevant central administrative agencies, including the Ministry of Economy and Finance, the Ministry of the Interior and Safety, the Ministry of Agriculture, Food and Rural Affairs, the Ministry of Trade, Industry and Energy, the Ministry of Environment, the Ministry of Land, Infrastructure and Transport, the Ministry of Oceans and Fisheries, the Office for Government Policy Coordination, and the Korea Forest Service in order for the Center to conduct its affairs efficiently and systematically. <Amended by Presidential Decree No. 24429, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 27180, May 24, 2016; Presidential Decree No. 28211, Jul. 26, 2017; Presidential Decree No. 28561, Dec. 29, 2017>

(4) Pursuant to Article 45 (2) of the Act, any agency responsible for each sector shall submit, to the Center, greenhouse gas information and statistics of its sector during the previous year according to the following categories by not later than June 30 each year: <Amended by Presidential Decree No. 24270, Dec. 27, 2012; Presidential Decree No. 24429, Mar. 23, 2013; Presidential Decree No. 27180, May 24, 2016>

1. The Minister of Agriculture, Food and Rural Affairs: Agriculture, livestock industry, and forestry;

2. The Minister of Trade, Industry and Energy: Energy and industrial process;

3. The Minister of Environment: Wastes;

4. The Minister of Land, Infrastructure and Transport: Buildings and transportation (excluding marine transportation);

5. The Minister of Oceans and Fisheries: Oceans, fisheries, marine transportation, and ports.

(5) In order to secure international reliability of the national integrated information management system for greenhouse gases, the Minister of Environment shall examine the validity of greenhouse gas information and statistics referred to in paragraph (4), and shall have a public status as an institution for the national integrated information management of greenhouse gases. In such cases, the Minister of Environment shall consult with the Commissioner of the Statistics Korea to secure the fairness and reliability of greenhouse gas statistics. <Amended by Presidential Decree No. 27180, May 24, 2016; Presidential Decree No. 28561, Dec. 29, 2017>

(6) The Center may, if considered necessary to carry out its business affairs efficiently, request any of the following institutions related to low carbon, green growth, including climate change, energy, and sustainable development, to render necessary assistance with human resources, information, and analysis, subject to prior consultation with the head of the relevant central administrative agency:

1. A research institute under Article 8 (1) of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes, Etc.;

2. A research institute under Article 8 (1) of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes, Etc.;

3. A public institution under Article 4 of the Act on the Management of Public Institutions.

Article 38(Establishment, Implementation, etc. of Measures for Adaptation to Climate Change) #

(1) Pursuant to Article 48 (4) of the Act, the Minister of Environment shall establish and implement measures for adaptation to climate change, including the following matters, for each five-year period, in consultation with the heads of relevant central administrative agencies and following deliberation by the Committee: <Amended by Presidential Decree No. 24270, Dec. 27, 2012>

1. Matters concerning international agreements, etc. for adaptation to climate change;

2. Matters concerning improvement of capability of monitoring, forecast, information, and utilization of climate change;

3. Matters concerning assessment of the impact of climate change and weaknesses in each sector and each region;

4. Matters concerning measures for adaptation to climate change in each sector and each region;

5. Matters concerning the prevention of disasters on vulnerable classes, areas, etc. resulting from climate change;

6. Matters concerning joint promotion of the green life campaigns under Article 58 of the Act and measures for adaptation to climate change;

7. Other matters that the Minister of Environment considers necessary for adaptation to climate change.

(2) The head of each relevant central administrative agency, each Mayor/Do Governor and the head of each Si/Gun/Gu (referring to the head of each autonomous Gu; hereinafter the same shall apply) shall formulate and execute a detailed implementation plan for measures for adaptation to climate change for matters under his/her jurisdiction in accordance with the measures for adaptation to climate change under paragraph (1). <Amended by Presidential Decree No. 24270, Dec. 27, 2012>

(3) In order to confirm the appropriateness, etc. of the execution of a detailed implementation plan under paragraph (2), the Minister of Environment may check the results of such detailed implementation plan with the head of each relevant central administrative agency, each Mayor/Do Governor and the head of each Si/Gun/Gu every year. <Newly Inserted by Presidential Decree No. 24270, Dec. 27, 2012>

(4) The Minister of Environment may organize and operate a consultative body comprised of members of the Senior Executive Service of relevant central administrative agencies for the formulation and execution of measures for adaptation to climate change under paragraph (1) and a detailed implementation plan under paragraph (2). <Newly Inserted by Presidential Decree No. 24270, Dec. 27, 2012>

(5) Where the Minister of Environment deems it necessary to formulate and execute a detailed implementation plan under paragraph (2) and to check the results under paragraph (3), he/she may request the heads of relevant central administrative agencies, Mayors/Do Governors and the heads of Sis/Guns/Gus to submit necessary data. <Newly Inserted by Presidential Decree No. 24270, Dec. 27, 2012>

Article 43(Expansion of Green Buildings) #

(1) "Public institutions, educational institutions, etc, specified by Presidential Decree" in Article 54 (6) of the Act means the following institutions:

1. Public institutions under Article 4 of the Act on the Management of Public Institutions;

2. Local government-invested public corporations under Article 49 of the Local Public Enterprises Act and local government public corporations under Article 76 of the aforesaid Act;

3. Research institutes under Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes, Etc. and Research Council under Article 18 of the aforesaid Act;

4. Research institutes under Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes, Etc. and Research Council under Article 18 of the aforesaid Act;

5. Local government-invested research institutes under Article 4 of the Act on the Establishment and Operation of Local Government-Invested Research Institutes;

6. Hospitals under the Act on the Establishment of National University-Affiliated Hospitals, the Act on the Establishment of National University-Affiliated Dental Hospitals, the Establishment of Seoul National University Hospital Act, and the Establishment of Seoul National Dental Hospital Act;

7. National universities and public universities under Article 3 of the Higher Education Act.

(2) "A new city or re-developing cities on a scale not smaller than that specified by Presidential Decree" in Article 54 (7) of the Act means any of the following projects: <Amended by Presidential Decree No. 28686, Feb. 27, 2018>

1. A housing site development project executed in an area of not less than 3.3 million square meters pursuant to the Housing Site Development Promotion Act;

2. The Administrative City Construction Project executed pursuant to the Special Act on the Construction of Administrative City in Yeongi-Gongju Area for Follow-Up Measures for New Administrative Capital;

3. An enterprise city development project executed pursuant to the Special Act on the Development of Enterprise Cities;

4. An innovation city development project executed pursuant to the Special Act on the Construction and Development of Innovation Cities;

5. Other urban development project in an area of not less than one million square meters.

(3) The Government may provide financial support, abate or exempt taxes, or provide support otherwise in any of the following cases in order to expand green buildings pursuant to Article 54 (8) of the Act: <Amended by Presidential Decree No. 24270, Dec. 27, 2012; Presidential Decree No. 24429, Mar. 23, 2013>

1. A building of which total score of the energy performance index in an energy conservation plan submitted by a building owner pursuant to Article 14 of the Green Buildings Construction Support Act is at least 80 points as a result of calculation according to the standards determined and publicly notified by the Minister of Land, Infrastructure and Transport;

2. A building to which green building certification under Article 16 of the Green Buildings Construction Support Act has been granted;

3. A building to which certification of building energy efficiency rating under Article 17 of the Green Buildings Construction Support Act has been granted;

4. Where the Minister of Land, Infrastructure and Transport considers it necessary to provide support to improve the energy efficiency of any building that has been used for five years since its use was approved pursuant to Article 22 of the Building Act;

5. Where the Minister of Land, Infrastructure and Transport considers it necessary to provide financial support or abate or exempt taxes in order to expand green buildings on any other ground.

ENFORCEMENT DECREE OF THE FRAMEWORK ACT ON LOW CARBON, GREEN GROWTH

Article 1(Purpose) #

Article 2(Greenhouse Gases) #

Article 3(Modifications to National Strategy of Low Carbon, Green Growth) #

Article 4(Formulation of Five-Year National Strategic Plans for Low Carbon, Green Growth) #

Article 5(Establishment of Central Action Plan)

Article 6(Reporting on Central Action Plans) #

Article 7(Establishment of Local Action Plans) #

Article 8(Review and Evaluation of Current Status of Performance of National Strategy) #

Article 9(Review and Evaluation of Current Status of Performance of Local Action Plans) #

Article 10(Composition and Operation of Green Growth Committee) #

Article 11(Deliberation on Direction-Setting for Distribution of Financial Resources Related to Green Technology) #

Article 12(Meetings) #

Article 13(Subcommittees) #

Article 14 #

Article 15(Composition and Operation of Local Committee on Green Growth) #

Article 16(Establishment of Green Industry Investment Companies) #

Article 17(Financial Support for and Operation of Green Industry Investment Companies) #

Article 18(Standardization of Green Technology and Green Industry) #

Article 19(Certification of Conformity of Green Technology and Green Projects and Accreditation of Specialized Green Enterprises) #

Article 20(Facilitation of Public Institutions' Purchases of Green Products) #

Article 21(Support for Green Technology and Green Management of Small and Medium Enterprises) #

Article 22(Institutions Promoting Projects for Development of Clusters and Complexes for Green Technology and Green Industries) #

Article 23(Revision to Basic Plan for Coping with Climate Change) #

Article 24(Revision to Basic Energy Plan) #

Article 25(Establishment and Management of National Target for Greenhouse Gas Emission Reduction) #

Article 26(Principles of Target Management for Greenhouse Gases and Energy, and Roles of Managers) #

Article 27(Public Institutions subject to Target Management) #

Article 28(Method and Procedure for Target Management of Central Administrative Agencies) #

Article 29(Standards for Designation of Controlled Entities) #

Article 30(Method and Procedure for Target Management for Controlled Entities) #

Article 31(Management of Register) #

Article 32(Verification Institutions) #

Article 33(Recognition of Results of Early Reduction) #

Article 33-2(Recognition of Results of Outside Reduction) #

Article 34(Procedures for Reporting and Management of Statements) #

Article 35(Disclosure of Statements) #

Article 35-2(Exclusion of and Voluntary Refrainment by Committee Member) #

Article 35-3(Discharge from Office of Committee Members) #

Article 36(Establishment and Management of National Integrated Information Management System for Greenhouse Gases) #

Article 37(Management of Average Energy Consumption Efficiency of Automobiles and Allowable Emission of Greenhouse Houses) #

Article 38(Establishment, Implementation, etc. of Measures for Adaptation to Climate Change) #

Article 39(Modification to Basic Plan for Sustainable Development) #

Article 40(Management of Green Homeland) #

Article 41(Targets of Reduction of Greenhouse Gases from Traffic Sector) #

Article 42(Standards of Green Buildings) #

Article 43(Expansion of Green Buildings) #

Article 44(Imposition and Collection of Administrative Fines) #