Enforcement Decree of the Management of Drinking Water Act

ENFORCEMENT DECREE OF THE MANAGEMENT OF DRINKING WATER ACT 1995· 5· 1 Presidential Decree No. 14639 Amended By 1997·12·31 Presidential Decree No. 15598 Amended By 1998· 1·22 Presidential Decree No. 15612 Amended By 1998·12·31 Presidential Decree No. 15966 Amended By 1999· 3· 3 Presidential Decree No. 16162 Amended By 2000· 7· 1 Presidential Decree No. 16888 Amended By 2002· 8· 8 Presidential Decree No. 17698 Amended By 2004· 6·25 Presidential Decree No. 18441 Article 1 (Purpose) The purpose of this Decree is to provide matters delegated by the Management of Drinking Water Act (hereinafter referred to as the "Act") and matters necessary for the enforcement thereof. Article 1-2 Deleted. <by Presidential Decree No. 18441, Jun. 25, 2004> Article 2 (Quality Supervisor of Drinking Water) (1) The Minister of Environment, the Seoul Special Metropolitan City Mayor, Metropolitan City Mayor, Do governor (hereinafter referred to as the "Mayor/Do governor"), or the head of Shi/Kun/Ku (meaning the head of autonomous Ku) shall appoint the quality supervisor of drinking water as prescribed in Article 6 (1) of the Act from the public officials under his jurisdiction falling under one of the following categories: <Amended by Presidential Decree No. 15612, Jan. 22, 1998> 1.Persons who hold the licence for water environmental engineer, sanitary engineer, or sanitary examiner; 2.Persons who have completed and graduated from waterworks engineering, environmental engineering, chemistry, microbiology, hygienics, or sitology, or persons who have qualifications equivalent to or higher than those of the above-mentioned persons; 3.Persons who have completed and graduated from subjects related to subparagraph 2 at junior colleges, and have been engaged in the relevant fields for not less than one year; and http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=NO&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=NO&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C000600&s linklang=ENG 4.Persons who have worked in the field of water environment or sanitation for not less than three years. (2) The scope of functions of quality supervisors of drinking water shall be as follows: 1.Investigation on, guidance of, and supervision over the quality control of drinking water; and 2.Investigation on, guidance of, and supervision over business related to drinking water. Article 2-2 Deleted. <by Presidential Decree No. 16162, Mar. 3, 1999> Article 3 (Those Eligible for Permission for Development of Spring Water) (1) The term "person who intends to develop spring water above the size as determined by the Presidential Decree" in Article 9 of the Act means: 1.Person who intends to carry on manufacturing business of drinking spring water pursuant to Article 18 (1) of the Act; and 2.Person who intends to develop the spring water with collection capacity of 300 tons or more per day (including cases where part of original water is used as raw material for cooling drinks or liquors). (2) In computing a collecting capacity under paragraph (1) 2, where a person who has already developed and is using the spring water increases his water collection facilities, it shall be based on the entire water collection capabilities. [This Article Wholly Amended by Presidential Decree No. 15612, Jan. 22, 1998] Article 3-2 Deleted. <by Presidential Decree No. 18441, Jun. 25, 2004> Article 4 (Permission for Manufacturing Business of Drinking Spring Water) (1) Deleted. <by Presidential Decree No. 18441, Jun. 25, 2004> (2) Modified matters subject to permission under the latter part of Article 18 (1) of the Act shall be the case where the location of a manufacturing factory is altered. <Amended by Presidential Decree No. 15612, Jan. 22, 1998> Article 5 (Registration for Manufacturing Business of Water Treatment Chemicals) (1) Deleted. <by Presidential Decree No. 18441, Jun. 25, 2004> http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C000900&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C001800&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C001800&s linklang=ENG (2) Modified matters subject to registration under the latter part of Article 18 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 15612, Jan. 22, 1998> 1.Location of a manufacturing factory; 2.Items of the manufactured goods; and 3.Raw materials for manufacturing. Article 6 (Registration for Import and selling Business of Drinking Spring Water) (1) Deleted. <by Presidential Decree No. 18441, Jun. 25, 2004> (2) Modified matters subject to registration under the latter part of Article 18 (3) of the Act shall refer to the case where an alteration of the overseas supplier is intended. Article 6-2 (Report on Manufacturing Business and Import and Selling Business of Water Purifiers) (1) Deleted. <by Presidential Decree No. 18441, Jun. 25, 2004> (2) Modified matters subject to reporting under the latter part of Article 18 (4) of the Act shall be as follows: <Amended by Presidential Decree No. 16888, Jul. 1, 2000> 1.Location of a manufacturing factory; and 2.Product names and types of the manufactured or imported products. [This Article Newly Inserted by Presidential Decree No. 15612, Jan. 22, 1998] Article 6-3 Deleted. <by Presidential Decree No. 18441, Jun. 25, 2004> Article 7 (Qualification Standards of Quality Supervisors) The qualification standards for quality supervisors under Article 24 (5) of the Act shall be: <Amended by Presidential Decree No. 15966, Dec. 31, 1998> 1.In the case of the manufacturing business of drinking spring water and water treatment chemicals, the persons who fall under any of subparagraphs of Article 2 (1); and 2.In the case of the manufacturing business of water purifiers, the persons who fall under any of the following items: (a) Persons who hold a license for a water quality environment engineer, sanitary engineer, sanitary examiner, process control engineer or quality control engineer; (b) Persons who have graduated from a course of such fields as waterworks engineering, environmental engineering, chemistry, microbiology, hygienics, process control or quality control at junior colleges or universities, or persons who have an equivalent or higher http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C001800&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C001800&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C001800&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C002400&s linklang=ENG http://152.99.45.21/docs/eng/D6314639.html#C000200 qualification; (c) Deleted; and <by Presidential Decree No. 15966, Dec. 31, 1998> (d) Persons who have been engaged in the field of water quality environment, sanitation, process control, quality control or water purifier manufacturing for not less than two years. [This Article Wholly Amended by Presidential Decree No. 15612, Jan. 22, 1998] Article 8 (Imposition Rates of Water Quality Improvement Charges) The imposition rate of water quality improvement charges (hereinafter referred to as the "charges") on the drinking spring water manufacturers and the importing-selling businessmen of drinking spring water under the proviso of Article 28 (1) of the Act (hereinafter referred to as the "manufacturers, etc.") shall be 75/1,000 of average selling prices of drinking spring water, and the imposition rate of charges on other persons who have obtained permission for the development of spring water under Article 9 of the Act (hereinafter referred to as "other persons obtained permission for the development of spring water") shall be 75/1,000 of costs occupied by spring water in the selling price of products using such spring water. <Amended by Presidential Decree No. 16888, Jul. 1, 2000> [This Article Wholly Amended by Presidential Decree No. 15612, Jan. 22, 1998] Article 9 (Those Subject to Imposition of Charges) (1) Those subject to imposition of charges under Article 28 (2) of the Act shall be: 1.Sold drinking spring water, which are manufactured or imported; and 2.Products sold by persons falling under Article 3 (1) 2, who manufactures them by using spring water as a raw material under a permission for the development of spring water. (2) Those falling under any of the following subparagraphs from among those subject to an imposition under paragraph (1) shall be excluded from those subject to an imposition of charges: 1.Those for export; and 2.Those to be supplied to the foreign armed forces or foreign diplomatic missions stationed in the Republic of Korea. (3) The manufacturers, etc. shall submit by quarter to the Minister of Environment the evidential documents on those which are excluded from the objects of imposing the charges under paragraph (2), under the conditions as determined by the Ordinance of the Ministry of Environment. [This Article Wholly Amended by Presidential Decree No. 15612, Jan. 22, 1998] Article 9-2 (Calculation, etc. of Average Selling Price of Drinking Spring Water) (1) The average selling price under the proviso of Article 28 (1) of the Act shall be the amount calculated by multiplying average prices by volume and size of drinking spring water sold by the manufacturer, etc. (hereinafter referred to as "average prices") by sold quantity by volume http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C002800&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C000900&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C002800&s linklang=ENG http://152.99.45.21/docs/eng/D6314639.html#C000300 http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C002800&s linklang=ENG and size. (2) The average price under paragraph (1) shall be the amount calculated by dividing the amounts aggregating, under the divisions into the drinking spring water manufacturers and the drinking spring water importing-selling businessmen, each businessman's average unit price for sale by volume and size of drinking spring water which has been sold in the previous year (hereinafter referred to as the "average unit price"), by the number of businessmen who have sold the relevant volume and size of drinking spring water. In this case, it shall be rounded off to two decimal places. (3) In computing the average prices under paragraph (2), in case where the average prices computed under the basis of average unit price in the previous year have increased or decreased by more than 50% of the average prices computed under the basis of average unit price in the year before last, the average prices may be computed under the basis of average unit price in the first quarter of relevant year. <Newly Inserted by Presidential Decree No. 16888, Jul. 1, 2000> (4) In computing the average prices under paragraph (2), the average unit price of a businessman which exceeds or falls short of 30/100 of average prices of whole businessmen shall be excluded: Provided, That this shall not apply to the case where the number of businessmen of products by volume and size is less than three. (5) The average unit prices under paragraph (2) shall be the amount falling under any of the following subparagraphs, and figures below the decimal shall be omitted. In this case, the water quality improvement charges and value added taxes on the drinking spring water shall not be included therein, and the drinking spring water subject to exemption from an imposition of charges under Article 9 (2) and that sold for the period less than 6 months shall be excluded from those subject to the computation of average unit prices: <Amended by Presidential Decree No. 16888, Jul. 1, 2000> 1.Amount which is calculated by dividing the gross turnover by volume and size sold for a year by manufacturers, etc. by the gross sale quantity of relevant volume and size; and 2.The amount falling under any of the following items, in case where manufacturers, etc. sell through the following methods: (a) Where supplying free of charge to the managers of selling stores having special relation to manufacturers, etc. under subparagraph 9 of Article 2 of the Enforcement Decree of the Special Consumption Tax Act (hereinafter referred to as "specially related persons") (excluding that for sales promotion), and where selling at prices notably lower than the usual sale prices, the amount calculated by dividing the gross turnover by volume and size sold for a year by the specially related persons by the gross sale quantity of relevant volume and size. In this case, the prices notably lower than the usual sale prices refer to the prices less than 70/100 of the average prices by volume and size of the preceding year; and (b) In manufacturing and selling the drinking spring water through the method of entrusted processing, where selling it under the supply of raw material for containers, etc. or of the funds in part or in whole, the amount calculated by dividing the gross annual turnover by volume and size, including the expenses for raw material by volume and size and the funds provided, by the gross sale quantity by relevant volume and size. In this case, the expenses for raw materials, if the containers are recovered and recycled, shall be the amount calculated by dividing the total depreciation costs for relevant containers in the relevant year computed by the corporate accounting criteria, by the gross sale quantity of relevant year, and if the containers are used by leasing from the financial institutions, etc., the amount calculated by dividing the gross leasing expenses for relevant containers in the relevant year, by the gross http://152.99.45.21/docs/eng/D6314639.html#C000900 sale quantity by relevant volume and size. (6) Manufacturers, etc. shall submit the account statement of average unit prices computed pursuant to paragraph (5) to the Minister of Environment not later than the end of January of the following year. In this case, where it is necessary to compute the average prices under paragraph (3), the manufacturers, etc. shall, upon request by the Minister of Environment, submit the account statement of average unit prices required for it to the Minister of Environment not later than April 15. <Amended by Presidential Decree No. 16888, Jul. 1, 2000> (7) The Minister of Environment shall make a public notice of the average prices by volume and size of drinking spring water under paragraph (2) not later than the end of March of the following year: Provided, That where the average prices are computed under paragraph (3), he shall make a public notice of the average prices by volume and size of drinking spring water not later than the end of April. <Amended by Presidential Decree No. 16888, Jul. 1, 2000> [This Article Newly Inserted by Presidential Decree No. 15612, Jan. 22, 1998] Article 9-3 (Computation, etc. of Sale Costs by Other Persons Holding Permission for Development of Spring Water) (1) Costs of spring water in a sale price of the products, which have used spring water pursuant to the proviso of Article 28 (1) of the Act, shall be determined by multiplying the gross tonnage of spring water used in the products as raw materials by the cost per ton of spring water. (2) Costs per ton of spring water used in the products under paragraph (1) shall be the amount publicly notified by the Minister of Environment by summing up the amounts listed in the following subparagraphs: <Amended by Presidential Decree No. 16888, Jul. 1, 2000> 1.Standard power costs necessary for collecting one ton of spring water; 2.Regional development tax per ton of the groundwater pursuant to Article 257 (1) 2 (a) of the Local Tax Act; and 3.Average water purification costs necessary for one ton of spring water. (3) The quantity of sold spring water under paragraph (1) shall be computed by multiplying the quantity of sold products by an average use rate of spring water in the manufacturing of total products. In this case, the average rate shall be calculated by dividing the total quantity of spring water used per year in manufacturing the products by the total output of products. (4) Standard power costs under paragraph (2) 1 shall be computed under the basis of water pumping equipments publicly notified by the Minister of Environment. <Newly Inserted by Presidential Decree No. 16888, Jul. 1, 2000> (5) Average water purification costs under paragraph (2) 3 shall be the amount calculated by dividing the aggregates of water purification costs per ton of each businessman by the number of relevant businessmen, and rounded off to two decimal places. In this case, the water purification costs of each businessman shall be computed by dividing the aggregates of expenses for water purification chemicals, power costs and depreciation costs of water purification facilities and labor costs for water purification by the total tonnage of groundwater collected per year. <Newly Inserted by Presidential Decree No. 16888, Jul. 1, http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C002800&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B3100827&s linkjo=C025700&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B3100827&s linkjo=C025700&s linklang=ENG 2000> (6) In computing average water purification costs under paragraph (5), the water purification costs of businessmen who exceed or fall short of 30/100 of average water purification costs of the entire businessmen shall be excluded from the objects of such computation. <Newly Inserted by Presidential Decree No. 16888, Jul. 1, 2000> (7) Other persons subject to imposition of charges from among those holding permission on the development of spring water shall submit an account statement computed under paragraph (3) and the latter part of paragraph (5) to the Minister of Environment not later than the end of January of the following year. <Amended by Presidential Decree No. 16888, Jul. 1, 2000> (8) The Minister of Environment shall publicly notify the cost per ton of spring water under paragraph (2) not later than the end of February of the following year. <Newly Inserted by Presidential Decree No. 16888, Jul. 1, 2000> [This Article Newly Inserted by Presidential Decree No. 15612, Jan. 22, 1998] Article 10 (Computation of Amount of Charges) The methods for computation of amount of charges under Article 28 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 16888, Jul. 1, 2000> 1.In case of drinking spring water: It shall be computed by such method that each amount by volume and size calculated by multiplying the average sale price by volume and size under Article 9-2 by the imposition rate under Article 8, is to be all summed up. In this case, except for those whose average price is publicly notified under Article 9-2 (7), the amount of charges shall be computed by applying the average price by volume and size which is closest to the relevant volume and size; and 2.In case of other persons holding permission for the development of spring water: It shall be computed by multiplying the costs under Article 9-3 by the imposition rate under Article 8. [This Article Wholly Amended by Presidential Decree No. 15612, Jan. 12, 1998] Article 11 (Payment Time and Collection Procedures, etc. of Charges) (1) Charges shall be imposed according to the following classifications: 1.Manufacturers, etc.: quarterly; and 2.Other persons holding permission for the development of spring water: annually. (2) Persons liable for paying the charges shall report on turnover records to the Minister of Environment not later than the deadline falling under any of the following subparagraphs, under the conditions as determined by the Ordinance of the Ministry of Environment: 1.Manufacturers, etc.: End of the following month when a quarter ends; and 2.Other persons holding permission for the development of spring water: End of January of the following year. (3) The Minister of Environment shall, upon receipt of a report under paragraph (2), compute the charge and serve a notice for its payment not later than the deadline falling under any of http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C002800&s linklang=ENG http://152.99.45.21/docs/eng/D6314639.html#C000902 http://152.99.45.21/docs/eng/D6314639.html#C000800 http://152.99.45.21/docs/eng/D6314639.html#C000902 http://152.99.45.21/docs/eng/D6314639.html#C000903 http://152.99.45.21/docs/eng/D6314639.html#C000800 the following subparagraphs, under the conditions as determined by the Ordinance of the Ministry of Environment: <Amended by Presidential Decree No. 16888, Jul. 1, 2000> 1.Manufacturers, etc.: the 10th of the following month when each quarter begins; and 2.Other persons holding permission for the development of spring water: the 20th of March of the following year. (4) The deadline for payment of charge under paragraph (3) shall be not later than the 25th of the month in which a notice for its payment has been served. [This Article Wholly Amended by Presidential Decree No. 15612, Jan. 22, 1998] Article 12 (Deferment of Collection or Payment by Installments of Charges) (1) The Minister of Environment may, where deemed that a person liable for paying the charges is unable to do so before the deadline due to the causes falling under any of the followings, defer its collection or allow its payment by installments. The same shall apply to the case of arrears: 1.Where there occurred serious damages on the assets of the manufacturers, etc. due to natural disasters or other calamities; 2.Where they face a serious crisis due to the notable losses in the business; and 3.Where deemed that such deferment or payment by installments is unavoidable due to other causes equivalent to subparagraphs 1 and 2. (2) Period for deferment of collection under paragraph (1) shall be within one year from the date next to the relevant deferment, and the frequency of installment payments during the relevant period shall be not more than six times. (3) The Minister of Environment may, where he allows the deferment of collection under paragraph (1), request a furnishing of security equivalent to the relevant deferred amount. (4) The Minister of Environment may, where the relevant person liable for payment falls under any of the following subparagraphs, cancel the relevant deferment of collection and collect the arrears in a lump sum. In this case, the Minister of Environment shall notify the relevant person liable for payments of such purport: 1.Where the arrears are not paid not later than the specified deadline; 2.Where he fails to comply with a request of the Minister of Environment for a change or a preservation of the security; and 3.Where deemed that the relevant deferment is unnecessary due to a change in the situation of assets and in other conditions. (5) Any person who desires to obtain a deferment of collection of the charges or the arrears or their payment by installments shall submit to the Minister of Environment an application for such deferment of collection or payment by installments as determined by the Ordinance of the Ministry of Environment. The said Minister shall notify in writing the applicant of whether his application is approved or not. Article 13 (Delivery, etc. of Charges) (1) The Minister of Environment shall, where he delegates the collection of charges and additional dues to the Mayor/Do governor under Articles 28 (6) and 45 of the Act, deliver the amount equivalent to 20/100 of the collected amounts as a collection expense. <Amended by Presidential Decree No. 15612, Jan. 22, 1998> (2) The computation of charges and additional dues to be delivered to the Shi/Kun/autonomous Ku under Article 28 (5) of the Act shall be based upon the amount remained after the delivery of a collection expense under paragraph (1). <Newly Inserted by Presidential Decree No. 15612, Jan. 22, 1998> Article 13-2 (Purposes for Water Quality Improvement Charges) The term "purposes as determined by the Presidential Decree" in subparagraph 3 of Article 28-2 of the Act means the following purposes; <Amended by Presidential Decree No. 16162, Mar. 3, 1999> 1.Implementation of a survey for the designation of a groundwater preservation area under Article 12 of the Groundwater Act; and 2.Implementation of a basic survey and a restoration work for the development, utilization, preservation and management of the groundwater resources. [This Article Newly Inserted by Presidential Decree No. 15612, Jan. 22, 1998] Article 13-3 (Mark of Charges Verification) (1) The manufacturers of drinking spring water shall use the bottle caps with the mark of charges verification which have been marked by the producer of marks of charges verification designated by the Minister of Environment under Article 28-4 of the Act (hereinafter referred to as the "producer of marks"): Provided, That with respect to the drinking spring water which does not use the bottle caps or use the bottle caps incapable of showing the mark of charges verification, the mark of charges verification may not be shown. (2) The manufacturers of drinking spring water shall, with respect to the drinking spring water which does not show the mark of charges verification under the proviso of paragraph (1), measure it by such apparatus capable of automatically measuring the quantity of manufactured drinking spring water under the conditions as determined by the Ordinance of the Ministry of Environment. [This Article Newly Inserted by Presidential Decree No. 16888, Jul. 1, 2000] Article 14 (Restriction, etc. on Advertisement) (1) In a case of any of the following subparagraphs, the Minister of Environment may prohibit or restrict on the television advertisement for the drinking spring water pursuant to Article 31 (1) of the Act: http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C002800&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C004500&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C002800&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C002802&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C002802&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B5305286&s linkjo=C001200&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C002804&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C003100&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C003100&s linklang=ENG 1.Where the advertisement of drinking spring water is likely to mislead the citizens' health awareness; and 2.Where the advertisement of drinking spring water is likely to obstruct the tap-water providing business. (2) The Minister of Environment may, where deemed that the advertisement of drinking spring water through other advertisement media than the television falls under any subparagraph of paragraph (1), restrict it under Article 31 (1) of the Act. (3) Matters necessary for the media subject to a prohibition or restriction of advertisement under paragraphs (1) and (2), and the period and frequency, etc. shall be prescribed by the Ordinance of the Ministry of Environment. Article 15 (Revocation of Permission, etc.) The procedures relevant to the cases of orders to revoke the business license or registration, or to close the business place or to suspend the business under Article 40 of the Act shall be governed by the Administrative Procedures Act. [This Article Wholly Amended by Presidential Decree No. 16888, Jul. 1, 2000] Article 16 Deleted. <by Presidential Decree No. 15598, Dec. 31, 1997> Article 17 (Criteria for Computation of Penalty Surcharge) The amount of penalty surcharges under Article 43 (2) of the Act shall be computed by applying the criteria of the attached Table to the period of business suspension as determined by the Ordinance of the Ministry of Environment in the light of the kind and level of offenses committed. Article 18 (Payment of Penalty Surcharge) (1) The Mayor/Do governor shall, where he intends to impose the penalty surcharge under Article 43 (1) of the Act, notify in writing its payment, indicating the kind of violating acts, the amount of relevant penalty surcharge, the payment place, and other necessary matters. <Amended by Presidential Decree No. 18441, Jun. 25, 2004> (2) Persons notified under paragraph (1) shall pay the penalty surcharge at the place designated by the Mayor/Do governor within 20 days: Provided, That when the payment within the deadline is impossible on account of a natural disaster or other unavoidable reasons, the payment shall be made within seven days after the date when the causes for obstructing the payment have disappeared. <Amended by Presidential Decree No. 18441, Jun. 25, 2004> (3) Any receiving agency who has received the penalty surcharge under paragraph (2) shall deliver a receipt to the person who has paid it. (4) The receiving agent shall, when he has received the penalty surcharge under paragraph (2), notify it without delay to the Mayor/Do governor. <Amended by Presidential Decree No. http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C003100&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C004000&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B0405241&s linkjo=NO&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C004300&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C004300&s linklang=ENG 18441, Jun. 25, 2004> (5) Payment of penalty surcharge may not be made on the installment plan. Article 19 (Delegation and Entrustment) (1) The powers of the following specifications, among those given to the Minister of Environment, shall be delegated to the Mayor/Do governor under Article 45 (1) of the Act: <Amended by Presidential Decree No. 18441, Jun. 25, 2004> 1.Imposition and collection of the water quality improvement charges and additional dues under Article 28 of the Act; and 2.Restriction on the use of the verifying mark of charges by a drinking spring water manufacturer under Article 28-3 (3) of the Act. (2) Powers of the following specifications, among those given to the Minister of Environment, shall be delegated to the head of a Basin Environntal Office or the head of a Regional Environmental Office under Article 45 (1) of the Act: <Amended by Presidential Decree No. 15598, Dec. 31, 1997; Presidential Decree No. 16162, Mar. 3, 1999; Presidential Decree No. 17698, Aug. 8, 2002> 1.Registration or modified registration of an agent for the environmental impact survey under Article 12 of the Act; 2.Revocation of the registration of an agent for the environmental impact survey or the suspension of business operation under Article 14 (1) of the Act; 3.Technical evaluation of the environmental impact survey under Article 15 of the Act; 4.Receipt of the import declaration under Article 23 (1) of the Act; 5.Inspection under Article 23 (2) of the Act; 6.Order of report, inspection, collection, or perusal under Article 34 (1) of the Act; 7.Hearing on the delegated powers of those under subparagraphs of Article 42 of the Act; and 8.Powers concerning the imposition and collection of the fine for negligence under Article 51 (2) of the Act. (3) Powers on the designation or cancellation of designation of investigation agencies under Article 35 of the Act, from among the powers of the Minister of Environment, shall be delegated to the Director of the National Environmental Research Institute pursuant to Article 45 (1) of the Act: Provided, That this shall not apply to the powers on the designation or cancellation of designation of investigation agencies on water purifiers under Article 18 (4) of the Act. <Newly Inserted by Presidential Decree No. 15612, Jan. 22, 1998> (4) As provided in Article 45 (2) of the Act, the Minister of Environment may entrust part of the education of quality supervisors under Article 25 (1) of the Act to the association of businessman. http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C004500&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C002800&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C002803&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C004500&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C001200&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C001400&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C001500&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C002300&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C002300&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C003400&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C004200&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C005100&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C005100&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C003500&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C004500&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C004500&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C001800&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C001800&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C004500&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C002500&s linklang=ENG Article 20 (Imposition of Fine for Negligence, etc.) (1) The Minister of Environment or the Mayor/Do governor (hereafter referred to as the "imposer" in this Article), when imposing the fine for negligence under Article 51 (2) of the Act, shall investigate and confirm the act of offense, and send the bill along with the notification indicating the fact of offense, the procedure for protests, the period of protests, etc. to the person subject to the disposition. (2) When intending to impose a fine for negligence under paragraph (1), the imposer shall provide the person subject to the disposition with an opportunity to state orally or in writing his opinion, for a specific period of not less than ten days to do so. In this case, if no opinion is stated within the specific date, he shall be deemed to have no opinion. (3) In deciding on the amount of a fine for negligence, the imposer shall take into consideration the motive and the result, etc. of the act of offense. (4) The procedures for the collection of a fine for negligence shall be determined by the Ordinance of the Ministry of Environment. ADDENDA Article 1 (Enforcement Date) This Decree shall enter into force on May 1, 1995. Article 2 Omitted. ADDENDUM <Presidential Decree No. 15598, Dec. 31, 1997> This Decree shall enter into force on January 1, 1998. ADDENDA <Presidential Decree No. 15612, Jan. 22, 1998> (1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation. (2) (Special Cases for Calculation of Average Selling Prices) Average selling prices which shall be the standards for calculation of water quality improvement charges imposed for the first time after the entry into force of this Decree shall be an amount calculated based on the average unit prices by volume and size of drinking spring water sold in the year 1997, notwithstanding the amended provisions of Article 9-2 (2). (3) (Special Cases for Calculation of Average Unit Prices) In calculating average unit prices for the year 1997 pursuant to the amended provisions of the latter part of Article 9-2 (4) 2 (a), the term "average prices by volume and size of the preceding year" shall be deemed "selling unit prices by volume and size of manufacturers, etc. concerned of the preceding year". ADDENDUM <Presidential Decree No. 15966, Dec. 31, 1998> http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C005100&s linklang=ENG http://152.99.45.21/lawdb/cgi/retrieve.exe?s type=LINK&s webtype=1&s soon=FIRST&s lawcode=B6304908&s linkjo=C005100&s linklang=ENG http://152.99.45.21/docs/eng/D6314639.html#C000902 http://152.99.45.21/docs/eng/D6314639.html#C000902 This Decree shall enter into force on the date of its promulgation. ADDENDUM <Presidential Decree No. 16162, Mar. 3, 1999> This Decree shall enter into force on the date of its promulgation. ADDENDA <Presidential Decree No. 16888, Jul. 1, 2000> (1) (Enforcement Date) This Decree shall enter into force on July 8, 2000. (2) (Application Example on Imposition of Charges) The amendments to Articles 8, 9-2 and 9-3 shall be applied to the portion of charges first imposed after the enforcement of this Decree. (3) (Special Cases to Public Notice of Average Prices) The manufacturers, etc. shall, notwithstanding the amendment to Article 9-2 (6) (paragraph (5) previously), submit an accounting statement of average unit price to the Minister of Environment not later than July 20 in the year of 2000, and the said Minister shall, notwithstanding the amendment to Article 9-2 (7) (paragraph (6) previously), publicly notify the average prices not later than the end of July in the year of 2000. ADDENDA <Presidential Decree No. 17698, Aug. 8, 2002> Article 1 (Enforcement Date) This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.) Articles 2 through 5 Omitted. ADDENDUM <Presidential Decree No. 18441, Jun. 25, 2004> This Decree shall enter into force on July 1, 2004. http://152.99.45.21/docs/eng/D6314639.html#C000800 http://152.99.45.21/docs/eng/D6314639.html#C000902 http://152.99.45.21/docs/eng/D6314639.html#C000903 http://152.99.45.21/docs/eng/D6314639.html#C000902 http://152.99.45.21/docs/eng/D6314639.html#C000902 http://152.99.45.21/docs/eng/D6314639.html#C000902