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  • [환경] Partial Amendment to the Environmental Impact Assessment Act
    • Competent Ministry : Ministry of Environment
    • Advance Publication of Legislation : 2018-06-29
    • Opinion Submission Deadline : 2018-08-10

(1) Reasons for Proposal

This Amendment aims to strengthen the basis for gathering public consensus from the areas, etc., with a great value for the conservation of ecosystem; to enhance the transparency and procedural legitimacy of the environmental impact assessment system by clarifying the legal basis to require “re-examination” at the time of notification of terms and conditions on which an agreement was made with an agency reviewing an assessment report such as a strategic environmental impact assessment report; to provide the grounds for imposing penalties against those cheating in the examination for the environmental impact assessor; to improve upon provisions regarding administrative fines; and to modify the wording of laws, thereby resolving some inadequacies arising in the process of operating the current system.

(2) Major Provisions

A. Strengthen the basis for gathering consensus from the people in the areas, etc., with a great value for the conservation of ecosystem (Article 13)

Prescribe the scope and procedure to gather consensus by Ordinance of the Ministry of Environment, where a master development plan involves the areas with a great value for the conservation of ecosystem, areas where environmental degradation and changes in the natural ecosystem are remarkable, etc., and it is necessary to hear opinions from people who are not residents in the assessed area

B. Clarify an agency reviewing assessment reports such as strategic environmental impact assessment reports (Article 17 and Article 28)

Determine an agency reviewing assessment reports such as strategic environmental impact assessment reports, environmental impact assessments, etc., to be the agency prescribed by Presidential Decree, thereby clarifying legal grounds therefor

C. Provide the grounds for requiring “re-examination” at the time of notification of agreed terms and conditions (Article 18, Article 29 and Article 45)

Prepare grounds that where there are considerable problems in formulating a plan and implementing a project, the Minister of Environment may notify the head of the competent administrative agency of the agreed opinion requiring re-examination of the plan or scale, content and period of the project

D. Newly insert the grounds for imposing penalties against those cheating in the examination for obtaining qualifications (Article 63-2)

Invalidate the result of an examination for obtaining certification as an environmental impact assessor taken by a person who cheated therein and suspend him/her from retaking such examination for three (3) years

E. Improve upon provisions regarding administrative fines (Article 76)

Prepare the grounds for imposing an administrative fine (up to five million won) against a project implementer who performs any construction work without complying with the procedure of consultations on the amendment to small-scale environmental impact assessments


Regulatory effect assessment
  • (규제영향분석서)환경영향평가법 일부개정법률안(시스템).hwp [download]
Legislative proposal (draft)
  • (입법예고안)환경영향평가법 일부개정법률안.hwp [download]