Korea: Regulatory Framework
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Legislation Addressing the Environment
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- Article 35 Clause 1 and 2 of the Constitution Pollution
Prevention Act 1963
- Environment Preservation Act 1977
- Basic Environmental Policy Act 1990 (BEPA)
- Air Environment Preservation Act
- Water Environment Preservation Act
- Noise and Vibration Control Act
- Noxious Chemical Substance Control Act
- Environmental Pollution Damage Dispute Mediation Act
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- Special Policy on Environmental Crimes Punishment 1991
- Natural Environment Preservation Act 1991
- Environmental Impact Assessments Act 1992
- Liability for Environment Improvement Expenses Act
- Environment Pollution Damage Dispute Adjustment Act
- Atmospheric Environment Preservation Act
- Sea Pollution Prevention Act and its Enforcement Decree Wastes
Control Act Act Relating to Promotion of Economy and Reutilization
of Resources.
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The Atmospheric Environment Preservation Act (AEPA) regulates emission of
pollutants into the air. Pollutants regulated under AEPA include sulfuric
oxides, nitric oxides, carbon monoxide, and particulates. AEPA requires
permits be obtained prior to the installation of facilities that emit air
pollutants, provided that such facilities meet certain standards, such as
size or capacity. AEPA has administrative, criminal, and civil sanctions
included in its enforcement scheme.
The Water Environment Preservation Act (WEPA) regulates effluents
released into surface waters. WEPA does not apply to groundwater
contamination, which is regulated by the Basic Environmental Policy Act (BEPA).
Pollutants regulated under WEPA include biochemical oxygen demand, chemical
oxygen demand, floating material, chrome, copper, and zinc. WEPA requires a
permit be obtained prior to the installation of facilities that discharge
wastewater, provided that such facilities meet certain standards, such as
size or capacity. In addition, WEPA has administrative, criminal, and civil
sanctions included in their enforcement schemes.
Seawater is protected and governed by the Sea Pollution Prevention Act (SPPA),
which regulates oil, poisonous liquid substances, etc., and wastes
discharged into the sea from ships and sea facilities.
The Waste Management Act (WMA) regulates generation and discharge of
solid wastes.
The Noxious Chemical Substance Control Act (NCSCA) regulates the
manufacture and importation of virtually all chemicals, harmful or not.
NCSCA requires any business that manufactures, distributes, holds, stores,
or transports toxic substances register with the Ministry of Environment
(MOE).
BEPA requires that in certain situations an environmental impact
statement be submitted to MOE before a new project that may affect the
environment is begun. BEPA applies to both public and private entities
intending to construct a project that can affect environmental quality
(e.g., urban development, industrial sites, apartment complexes, or energy
resource developments).
In 1990, the Korean government elevated the status of the environment
protection department to a Ministry. In general, the Minister of Environment
has jurisdiction over all environmental laws and permitting systems.
The Minister may appoint environmental supervisors or delegate his
authorities to directors of regional environment offices. The task of
administering and enforcing environmental laws is currently distributed over
a number of administrative agencies.
Korean Ministry of Environment
7-16 Shinch'on-dong Songp'a-gu Seoul
Tel: 82 2 421-0220 -or- 82 2 421-0235
The Basic Environmental Policy Act (BEPA) sets forth general principles,
fundamental policies, and administrative framework for environmental
preservation and remediation. BEPA is merely declaratory in nature; however,
other related acts and decrees detail specific regulations related to
environmental issues. Under BEPA, private enterprises are required to take
measures necessary for preventing environmental pollution and cooperate with
government policies and regulations.
In addition, BEPA was modeled on U.S. legislation and contains a
"polluter pays" principle, requiring anyone who causes environmental
pollution to bear the costs of restoring the environment. BEPA adopts a
strict liability standard for harm caused by environmental pollution, which
applies to civil liabilities under all Korean environmental laws. When there
is more than one business place involved in the environmental liability and
it is impossible to determine which business caused damage to the
environment, then each enterprise should indemnify for it jointly and
severally.
Under BEPA, the Government is given a mandate to set environmental
standards and to investigate environmental pollution. Every ten years, the
Minister of Environment is obliged to create a long-term comprehensive plan
for preserving the environment. BEPA also created the Environmental
Preservation Committee, the Environmental Preservation Advisory Committee,
and the Environmental Preservation Association.
MOE has broad powers to obtain its objectives. It may restrict the
utilization of land and the installation of facilities in special
countermeasure areas, as designated by MOE. In addition, MOE may designate
an environmental influence zone and restrict activities in that area. |
