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SOIL ENVIRONMENT CONSERVATION ACT — 한국법제연구원 번역으로 참고용입니다. 효력은 한국어 원문에 있습니다.

1/4 · CHAPTER I GENERAL PROVISIONS
  1. CHAPTER I GENERAL PROVISIONS
  2. CHAPTER III DESIGNATION AND MANAGEMENT OF AREAS REQUIRING SOIL CONSERVATION MEASURES
  3. CHAPTER V PENALTY PROVISIONS
  4. 부칙

CHAPTER I GENERAL PROVISIONS

Article 1Purpose

The purpose of this Act is to prevent any risk to public health and the environment to be caused by soil contamination, to conserve the soil ecosystem by properly maintaining and conserving soil including remediation, etc. of contaminated soil, to enhance the value of soil as a resource, and to enable all citizens to live in a healthy and comfortable environment.[This Article Wholly Amended on Apr. 5, 2011]

Article 2Definitions

The terms used in this Act are defined as follows: <Amended on Mar. 24, 2014; Oct. 1, 2025>1. "Soil contamination" means contamination of soil caused by business or other human activities, damaging the health and property of people or the environment;2. "Soil contaminant" means any substance causing soil contamination, which is prescribed by Decree of the Ministry of Climate, Energy and Environment;3. "Facility subject to the control of soil contamination" means any facility, equipment, building, structure, and other things prescribed by Decree of the Ministry of Climate, Energy and Environment, which are likely to contaminate soil through the production, transportation, storage, handling, processing, treatment, etc. of soil contaminants;4. "Specified facility subject to the control of soil contamination" means any facility subject to the control of soil contamination that is likely to seriously contaminate soil and that is prescribed by Decree of the Ministry of Climate, Energy and Environment;5. "Soil remediation" means reducing or eliminating contaminants in soil or alleviating any risk caused by contaminants in soil by means of biological, physical, and chemical treatment, etc.;6. "Detailed soil survey" means surveying the types of contaminants, the degree and extent of contamination, etc. in any area that exceeds or is highly likely to exceed a worrisome level provided in Article 4-2, as prescribed by Decree of the Ministry of Climate, Energy and Environment;7. "Soil remediation business" means the business of performing soil remediation.[This Article Wholly Amended on Apr. 5, 2011]

Article 3Exclusion from application

(1) This Act shall not apply to soil contamination caused by radioactive materials nor the prevention thereof.

(2) Articles 15-3 and 15-6 shall not apply where any contaminated farmland is remediated due to a soil improvement project provided in Article 21 of the Farmland Act.[This Article Wholly Amended on Apr. 5, 2011]

Article 4Formulation of basic plans for soil conservation

(1) The Minister of Climate, Energy and Environment shall formulate and implement a basic plan for soil conservation (hereinafter referred to as "basic plan") every 10 years. <Amended on Oct. 1, 2025>(2) The Minister of Climate, Energy and Environment shall have consultation with the heads of relevant central administrative agencies when formulating a basic plan. <Amended on Oct. 1, 2025>(3) A basic plan shall include the following:

1. The direction-setting for soil conservation policies;

2. The current status, on-going progress, and prospects of soil conservation;

3. Matters concerning the prevention of soil contamination;

4. Matters concerning soil remediation and utilization of remediated soil;

5. Matters concerning the development of technologies related to soil remediation and promotion of related industries;

6. Matters concerning education and fostering of technical personnel for soil remediation;

7. Other necessary matters for soil conservation.

(4) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") shall formulate a regional soil conservation plan for the region under his or her jurisdiction (hereinafter referred to as "regional plan") in accordance with the basic plan and shall submit such regional plan to the Minister of Climate, Energy and Environment and the heads of relevant central administrative agencies. The same shall also apply where any change is made to the regional plan. <Amended on Nov. 28, 2017; Mar. 25, 2025; Oct. 1, 2025>(5) When intending to formulate or change a regional plan, a Mayor/Do Governor shall consult with the Minister of Climate, Energy and Environment. <Added on Mar. 25, 2025; Oct. 1, 2025>(6) Methods and procedures for formulating a basic and regional plan and other necessary matters shall be prescribed by Presidential Decree. <Amended on Oct. 1, 2025>[This Article Wholly Amended on Apr. 5, 2011]

Article 4-2Worrisome levels of soil contamination

A level of soil contamination which is likely to damage the health and property of persons or to hinder the growth of animals and plants (hereinafter referred to as "worrisome level") shall be prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Oct. 1, 2025>[This Article Wholly Amended on Apr. 5, 2011]

Article 4-3Establishment and operation of information system

(1) The Minister of Climate, Energy and Environment shall establish and operate an information system to ensure that people have easy access to the following information: <Amended on Nov. 28, 2017; Oct. 1, 2025>1. Outcomes of an investigation of facilities subject to the control of soil contamination, etc. prescribed in Article 4-4;1-2. Soil contamination history information referred to in Article 4-5;

2. Outcomes of regular measurement, surveys of the actual state of soil contamination, and detailed soil surveys under Article 5;

3. Current status of designation of soil-related specialized agencies under Article 23-2;

4. Current status of registration of soil remediation business under Article 23-7;

5. Current status, etc. of installation of specified facilities subject to the control of soil contamination under Article 26-3;

6. Any other information prescribed by Decree of the Ministry of Climate, Energy and Environment.

(2) Matters necessary for the establishment, operation, etc. of the information system pursuant to paragraph (1) shall be prescribed by the Minister of Climate, Energy and Environment. <Amended on Oct. 1, 2025>[This Article Added on Dec. 1, 2015]

Article 4-4Investigation of facilities subject to control of soil contamination

(1) The Minister of Climate, Energy and Environment shall regularly investigate the current status of distribution of facilities subject to the control of soil contamination, detailed soil surveys prescribed in Article 5(4), detailed soil surveys prescribed in Article 10-4(1), and the current status of implementation of projects for remediating or improving contaminated soil (hereafter in this Article referred to as "investigation of facilities subject to the control of soil contamination, etc."), in order to rationally formulate or approve a basic plan and regional plan pursuant to Article 4, measures for preventing topsoil erosion and measures for restoring topsoil referred to in Article 6-2, plans for areas requiring measures for soil conservation under Article 18, or effectively measure soil contamination levels pursuant to Article 5. <Amended on Oct. 1, 2025>(2) The Minister of Climate, Energy and Environment may request the head of the relevant agency to submit necessary data for an investigation of facilities subject to the control of soil contamination, etc. pursuant to paragraph (1). In such cases, the head of the relevant agency in receipt of the request shall comply therewith unless there is a compelling reason not to do so. <Amended on Oct. 1, 2025>(3) Matters necessary for methods, objects, procedures, etc. with regard to an investigation of facilities subject to the control of soil contamination under paragraph (1) shall be prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Oct. 1, 2025>[This Article Added on Dec. 1, 2015]

Article 4-5Preparation and management of soil contamination history information

The Minister of Climate, Energy and Environment shall prepare and manage soil contamination history information, including the use of land, the current status of establishment of facilities subject to the control of soil contamination, the level of contamination, and whether measures for remediation have been taken, for the land where soil contamination has occurred or for which regular measurement, a soil contamination status survey, or a detailed soil survey has been conducted pursuant to Article 5. <Amended on Oct. 1, 2025>[This Article Added on Nov. 28, 2017]

Article 5Measurement of soil contamination levels

(1) To ascertain the actual state of soil contamination nationwide, the Minister of Climate, Energy and Environment shall establish a measuring network and measure soil contamination levels on a regular basis. <Amended on Oct. 1, 2025>(2) A Mayor/Do Governor or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply) shall conduct a soil contamination status survey in the area under his or her jurisdiction where soil contamination is likely to occur (hereinafter referred to as "soil contamination status survey"). In such cases, the head of a Si/Gun/Gu shall report the results of the soil contamination status survey to the Mayor/Do Governor as prescribed by Decree of the Ministry of Climate, Energy and Environment, and the Mayor/Do Governor shall report to the Minister of Climate, Energy and Environment the results of the soil contamination status survey that he or she conducts and the results of the soil contamination status survey that the head of a Si/Gun/Gu reports to him or her, as prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Oct. 1, 2025>(3) Standards for establishing measuring networks under paragraph (1), standards for selecting areas subject to a soil contamination status survey, methods and procedures for such survey, and other necessary matters shall be prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Oct. 1, 2025>(4) Where deemed necessary for soil conservation, the Minister of Climate, Energy and Environment, a Mayor/Do Governor, or the head of a Si/Gun/Gu may conduct a detailed soil survey in any of the following areas: <Amended on Oct. 1, 2025>1. An area where the results of regular measurement under paragraph (1) (hereinafter referred to as "regular measurement") exceed a worrisome level;

2. An area where the results of a soil contamination status survey exceed a worrisome level;

3. Any of the following areas where the Minister of Climate, Energy and Environment, a Mayor/Do Governor, or the head of a Si/Gun/Gu deems that soil contamination is highly likely to exceed a worrisome level:a. An area where soil contamination accidents have taken place;b. An industrial complex (excluding an agricultural and industrial complex) under subparagraph 5 of Article 2 of the Industrial Sites and Development Act;c. An area around abandoned mines under subparagraph 4 of Article 2 of the Mining Damage Prevention and Restoration Act;d. A landfill facility among waste disposal facilities under subparagraph 8 of Article 2 of the Wastes Control Act and areas around such facilities;e. Other areas prescribed by Decree of the Ministry of Climate, Energy and Environment.

(5) The results of regular measurement, surveys of the actual state of soil contamination, and detailed soil surveys under paragraph (4) shall be disclosed to the public.[This Article Wholly Amended on Apr. 5, 2011]

Article 6Determination and public notice of plans for establishing measuring networks

The Minister of Climate, Energy and Environment shall determine and publicly notify a plan for establishing measuring networks pursuant to Article 5(1), which specifies the location and area in which measuring networks are established, and he or she shall have the drawings thereof available to the public. The same shall also apply where any change is made to such plan. <Amended on Oct. 1, 2025>[This Article Wholly Amended on Apr. 5, 2011]

Article 6-2Surveys of current state of topsoil erosion

(1) In order to apprehend the actual state of the soil environment related to topsoil erosion, the Minister of Climate, Energy and Environment may conduct a survey of the current state and degree of topsoil erosion in any of the following areas: <Amended on Oct. 1, 2025>1. Areas designated and publicly announced as water-source protection areas under Article 7 of the Water Supply and Waterworks Installation Act;

2. Areas each of which is designated and publicly notified as riparian zones respectively under Article 4 of the Act on the Improvement of Water Quality and Support for Residents of the Han River Basin, Article 4 of the Act on Water Management and Resident Support in the Nakdong River Basin, Article 4 of the Act on Water Management and Resident Support in the Geum River Basin, and Article 4 of the Act on Water Management and Resident Support in the Yeongsan and Seomjin River Basins.

(2) Where a survey under paragraph (1) finds that the degree of topsoil erosion exceeds the criteria prescribed by Decree of the Ministry of Climate, Energy and Environment, the Minister of Climate, Energy and Environment shall formulate and implement necessary measures. <Amended on Oct. 1, 2025>(3) Matters necessary for procedures, methods, etc. for surveys under paragraph (1) shall be prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Oct. 1, 2025>[This Article Added on Apr. 5, 2011]

Article 6-3Soil remediation for State property

(1) In any of the following cases, the Minister of Climate, Energy and Environment may remediate soil after conducting a detailed soil survey in order to prevent the spread of soil contamination; in such cases, a detailed soil survey may be omitted, where it has already been conducted: <Amended on Mar. 24, 2014; Nov. 28, 2017; Oct. 1, 2025>1. Where soil remediation is necessary because soil contamination has occurred in excess of a worrisome level due to the State property defined in subparagraph 1 of Article 2 of the State Property Act and the State is a person responsible for remediation under Article 10-4(1) (hereinafter referred to as "person responsible for remediation");

2. Where soil is remediated under the proviso of Article 15(3) and a Mayor/Do Governor or the head of a Si/Gun/Gu requests urgent soil remediation;

3. Where a project for improving contaminated soil is implemented under Article 19(3) and a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu requests urgent soil remediation.

(2) Where the Minister of Climate, Energy and Environment intends to remediate soil under paragraph (1), he or she shall consult in advance with the head of the relevant central government agency in cases referred to in paragraph (1)1 and with a Mayor/Do Governor or the head of a Si/Gun/Gu and a person responsible for remediation in cases referred to in paragraph (1)2 or 3, on the timing, area, and costs of soil remediation. In such cases, he or she may have the local government requesting soil remediation bear the costs required for remediation, etc. under paragraph (1)2 or 3 within the extent prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Mar. 24, 2014; Oct. 1, 2025>(3) Where the Minister of Climate, Energy and Environment intends to remediate soil under paragraph (1), he or she shall formulate and publicly notify a soil remediation plan including the following, as prescribed by Decree of the Ministry of Climate, Energy and Environment: <Amended on Oct. 1, 2025>1. Timing and period of soil remediation;

2. Location of land subject to soil remediation;

3. Name and address of the owner of land subject to soil remediation;

4. Other matters prescribed by Decree of the Ministry of Climate, Energy and Environment.

(4) In cases falling under paragraph (1)2 or 3, reimbursement of the costs required for detailed soil surveys or soil remediation may be claimed to the relevant person responsible for remediation. <Amended on Mar. 24, 2014>[This Article Added on Apr. 5, 2011]

Article 7Expropriation and use of land

(1) Where necessary for any of the following measurement, survey, establishment, or soil remediation, the Minister of Climate, Energy and Environment, a Mayor/Do Governor, or the head of Si/Gun/Gu may expropriate (applicable only to subparagraphs 2 and 4) or use land, buildings, or objects fixed on the land in the relevant area or zone: <Amended on Oct. 1, 2025>1. Regular measurement, surveys of the actual state of soil contamination, or detailed soil surveys;

2. Establishment of a measuring network under Article 5(1);

3. Surveys of the current state and degree of topsoil erosion under Article 6-2;

4. Soil remediation for State property, etc. under Article 6-3.

(2) Where the Minister of Climate, Energy and Environment publicly notifies a soil remediation plan pursuant to Article 6-3(3), project approval and the public notice of project approval shall be deemed given under Articles 20(1) and 22 of the Act on Acquisition of and Compensation for Land for Public Works Projects, and an application for adjudication may be filed within the soil remediation period set forth in the soil remediation plan, notwithstanding Articles 23(1) and 28(1) of that Act. <Amended on Oct. 1, 2025>(3) Except as otherwise provided in this Act, the Act on Acquisition of and Compensation for Land for Public Works Projects shall apply with regard to procedures for expropriation or use under paragraph (1), compensation for loss, etc.[This Article Wholly Amended on Apr. 5, 2011]

Article 8Entry to land of other persons

(1) Where deemed necessary for regular measurement, surveys of the actual state of soil contamination, detailed soil surveys, surveys of the current state and degree of topsoil erosion under Article 6-2(1), and risk assessments under Article 15-5(1), the Minister of Climate, Energy and Environment, a Mayor/Do Governor, the head of a Si/Gun/Gu, or a soil-related specialized agency under Article 23-2 (hereinafter referred to as "soil-related specialized agency") may have public officials under his or her jurisdiction or employees of the soil-related specialized agency enter the land of other persons and alter or remove trees, stones, soil, or other obstacles in the relevant land. In such cases, the head of the soil-related specialized agency shall obtain permission therefor from the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu. <Amended on Nov. 28, 2017; Oct. 1, 2025>(2) Where intending to alter or remove obstacles under paragraph (1), public officials or employees of a soil-related specialized agency shall obtain consent from the owner, occupant, or manager of the obstacles; provided, where such public officials or employees are unable to obtain consent because the owner, occupant, or manager is not present at the site or his or her address or residence is unknown, they may alter or remove the obstacles with the consent of the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu. <Amended on Nov. 28, 2017>(3) Where intending to enter the land of other persons or to alter or remove obstacles on that land under paragraph (1), public officials or employees of a soil-related specialized agency shall notify such intention to the owner, occupant, or manager of the land or obstacles three days prior to the date of entering the land or altering or removing the obstacles; provided, where the address or residence of the owner, occupant, or manager of the land or obstacles is unknown, the notification need not be given.

(4) Before sunrise and after sunset, public officials or employees of a soil-related specialized agency shall be prohibited from entering residential sites or land of other persons surrounded by fences or hedges without permission of the occupant of the relevant land.

(5) No occupant of land shall obstruct or refuse the activities of the relevant public officials or employees of a soil-related specialized agency under paragraph (1), without good reason.

(6) Public officials or employees of a soil-related specialized agency who intend to enter the land of other persons under paragraph (1) shall carry identification indicating their authority and show it to relevant persons.[This Article Wholly Amended on Apr. 5, 2011]

Article 9Compensation for loss

(1) Where the State, a local government, or a soil-related specialized agency inflicts loss on other persons on account of the activities under Article 8, it shall compensate for such loss, as prescribed by Presidential Decree.

(2) A person who intends to obtain compensation under paragraph (1) shall claim for such compensation with the Minister of Climate, Energy and Environment, a Mayor/Do Governor, the head of a Si/Gun/Gu, or the head of a soil-related specialized agency. <Amended on Oct. 1, 2025>(3) Upon receipt of a claim under paragraph (2), the Minister of Climate, Energy and Environment, a Mayor/Do Governor, the head of a Si/Gun/Gu, or the head of a soil-related specialized agency shall determine the amount, etc. to be compensated through consultation with the person who suffered the relevant loss, and notify the claimant thereof. <Amended on Oct. 1, 2025>(4) Where no consultation under paragraph (3) is held or it is impracticable to hold consultation, the Minister of Climate, Energy and Environment, a Mayor/Do Governor, the head of a Si/Gun/Gu, the head of a soil-related specialized agency, or a person who suffers loss may apply for adjudication to the competent Land Tribunal, as prescribed by Presidential Decree. <Amended on Oct. 1, 2025>(5) A person who is dissatisfied with adjudication under paragraph (4) may file an objection with the Central Land Tribunal within one month from the date of receiving the authentic copy of a written adjudication.[This Article Wholly Amended on Apr. 5, 2011]

Article 10

Deleted. <Oct. 4, 2006>

Article 10-2Soil environment assessments

(1) Where a site on which any of the following facilities are or were installed or any other land in which soil contamination is likely to occur is transferred or acquired (including an auction under the Civil Execution Act, realization under the Debtor Rehabilitation and Bankruptcy Act, the sale of attached property under the National Tax Collection Act, the Customs Act, or the Local Tax Collection Act, and a takeover occurring in accordance with procedures similar thereto; hereinafter the same shall apply), or rented out or taken on lease, the transferor, transferee, lesser, or lessee may have the relevant site, its neighboring areas, and any other land in which soil contamination is likely to occur subject to an assessment of soil contamination conducted by a soil environment assessment agency (hereinafter referred to as "soil environment assessment"): <Amended on Mar. 24, 2014; Dec. 27, 2016>1. Facilities subject to the control of soil contamination;

2. Factories defined in subparagraph 1 of Article 2 of the Industrial Cluster Development and Factory Establishment Act;

3. National defense and military installations defined in Article 2(1) of the Act on National Defense and Military Installations Projects.

(2) Where a person who has acquired a site on which any of the facilities prescribed in the subparagraphs of paragraph (1) are or were installed or any other land in which soil contamination is likely to occur has such site or land subject to a soil environment assessment under that paragraph and verifies that its contamination level does not exceed a worrisome level as at the time of the acquisition, he or she shall be presumed to be in good faith and not negligent in preventing the relevant soil contamination. <Amended on Mar. 24, 2014>(3) A soil environment assessment shall be conducted as prescribed in the following, and detailed matters concerning soil environment assessments and other necessary matters shall be prescribed by Presidential Decree:

1. Items of soil environment assessments: Soil contaminants defined subparagraph 2 of Article 2 and contaminants prescribed by Presidential Decree as necessary for soil environment assessments;

2. Procedures for soil environment assessments: Such assessments shall be conducted by dividing them into a basic survey, overall survey, and detailed survey;

3. Methods of soil environment assessments: A survey, analysis, and assessment of contamination levels, etc. of contaminants referred to in subparagraph 1, the current state of utilization of sites subject thereto, and whether or not subject matters fall under facilities subject to the control of soil contamination.[This Article Wholly Amended on Apr. 5, 2011]

Article 10-3Strict liability for damage resulting from soil contamination

(1) Where any damage occurs due to soil contamination, a person who has caused the contamination shall compensate for such damage and take measures, such as remediating contaminated soil; provided, the same shall not apply where soil contamination is caused by a natural disaster, war, or any other force majeure. <Amended on Mar. 24, 2014>(2) Where at least two persons have caused soil contamination and it is impracticable to verify who has caused the damage under paragraph (1), each person shall jointly and severally compensate for such damage and take measures, such as remediating contaminated soil. <Amended on Mar. 24, 2014>[This Article Wholly Amended on Apr. 5, 2011][Title Amended on Mar. 24, 2014]

Article 10-4Responsibility for remediation of contaminated soil

(1) Any of the following persons shall, as a person responsible for remediation, conduct a detailed soil survey or remediation of contaminated soil under Articles 11(3), 14(1), or 15(1) and (3), or a project for improving contaminated soil under Article 19(1) (hereinafter referred to as "soil remediation, etc."): <Amended on Nov. 28, 2017>1. A person who causes soil contamination by discharging, leaking, dumping, or neglecting soil contaminants, or committing other acts;

2. The owner, occupant, or operator of a facility subject to the control of soil contamination constituting a cause for soil contamination as at the time soil contamination occurs;

3. A person who universally succeeds to the rights and obligations of those falling under subparagraphs 1 and 2 on account of a merger, inheritance, or any other reason;

4. A person who previously owned or currently owns or occupies land in which soil contamination has occurred.

(2) Notwithstanding paragraph (1), no person shall be deemed a person responsible for remediation referred to in paragraph (1)4 in any of the following cases; provided, the same shall not apply where a person has permitted any person falling under paragraph (1)1 or 2 to use the land he or she owns or occupies on or after January 6, 1996:

1. Where the person ceased to own the relevant land due to transfer or any other reason on or before January 5, 1996;

2. Where the person acquired the relevant land on or before January 5, 1996;

3. Where the person was in good faith and not negligent in preventing soil contamination as at the time of acquiring the land in which soil contamination has occurred;

4. Where soil contamination occurs while the person owns or occupies the relevant land and such soil contamination occurs due to reasons not attributable to him or her.

(3) Where there exists at least two persons responsible for remediation to whom a Mayor/Do Governor or the head of a Si/Gun/Gu may issue an order for soil remediation, etc. pursuant to Article 11(3), 14(1), 15(1) and (3), or 19(1), he or she shall order soil remediation, taking into account the degree of responsibility of each person responsible for remediation for the relevant soil contamination, the possibility of prompt and smooth soil remediation, as prescribed by Presidential Decree, and may seek advice from the Soil Remediation Advisory Committee referred to in Article 10-9, if necessary.

(4) Where a person responsible for remediation subject to an order for soil remediation, etc. pursuant to Article 11(3), 14 (1), 15 (1) and (3), or 19 (1) performs soil remediation at his or her own expenses, he or she may claim reimbursement for the expenses to be borne by other persons responsible for remediation.

(5) In any of the following cases, the State and a local government may wholly or partially subsidize soil remediation, etc. pursuant to Article 11(3), 14(1), 15(1) and (3), or 19(1) (excluding expenses refundable through the exercise of a claim for reimbursement under paragraph (4) and an amount equivalent to an increase in the value of the relevant land caused by soil remediation; hereinafter the same shall apply), as prescribed by Presidential Decree: <Amended on Nov. 28, 2017>1. Where the expenses incurred by a person responsible for soil remediation under paragraph (1)1, 2, or 3 in performing soil remediation, etc. significantly exceed either his or her share of expenses or the profits he or she has gained or is expected to gain by owning, occupying, or operating the relevant facility subject to the control of soil contamination;

2. Where the expenses incurred by a person who acquired the relevant land on or before December 31, 2001 or no longer owns it due to transfer thereof or any other reason in performing soil remediation, etc. as a person responsible for remediation under paragraph (1)4 exceed the value of the relevant land;

3. Where the expenses incurred by a person who has acquired the relevant land on or after January 1, 2002 in performing soil remediation, etc. as a person responsible for remediation under paragraph (1)4 significantly exceed the value of the relevant land and the profits he or she has gained or is expected to gain by owning or occupying such land;

4. Other cases prescribed by Presidential Decree, such as where a subsidy to cover the expenses incurred in soil remediation, etc. is required.

(6) Where a person responsible for remediation with regard to soil contamination intends to conduct soil remediation, etc. in accordance with an order for soil remediation issued under Article 11(3), 14(1), 15(1) or (3), or 19(1), a person who owns or occupies the land where such soil contamination has occurred and is not a person responsible for remediation shall cooperate in the soil remediation, unless there is good reason. <Added on Nov. 28, 2017>(7) A person responsible for remediation shall compensate for losses the owner or occupant of the relevant land has sustained due to cooperation he or she has rendered pursuant to paragraph (6). <Added on Nov. 28, 2017>[This Article Wholly Amended on Mar. 24, 2014][This Article wholly amended by Act No. 12522 on March 24, 2014 following the decision of unconstitutionality made by the Constitutional Court on August 23, 2012]

Article 10-5Establishment of soil remediation cooperatives

(1) Establishers and operators of specified facilities subject to the control of soil contamination and persons who have filed for registration of soil remediation business under Article 23-7(1) (hereinafter referred to as "soil remediation business entities") may establish a soil remediation cooperative (hereinafter referred to as "cooperative") with permission from the Minister of Climate, Energy and Environment in order to guarantee remediation of contaminated soil under Article 11(3) and to secure financial resources required for soil remediation. <Amended on Oct. 1, 2025>(2) A cooperative shall be a corporation.

(3) A cooperative shall be established at the time it registers such establishment at the location of its main office.[This Article Added on Apr. 5, 2011]

Article 10-6Business of cooperatives

A cooperative shall conduct the following business:

1. Mutual-aid business for soil remediation performed by its members;

2. Business related to the survey, development, and distribution of technology necessary for the prevention of soil contamination and soil remediation.[This Article Added on Apr. 5, 2011]

Article 10-7Contributions

(1) Members of a cooperative shall pay to the cooperative contributions necessary to perform the business referred to in Article 10-6.

(2) Standards for calculating contributions, procedures for paying them under paragraph (1), and other necessary matters shall be prescribed by the Articles of incorporation of a cooperative.[This Article Added on Apr. 5, 2011]

Article 10-8Application mutatis mutandis of the Civil Act

Except as provided in this Act, the provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandis to cooperatives.[This Article Added on Apr. 5, 2011]

Article 10-9Soil Remediation Advisory Committee

(1) In order to advise a Mayor/Do Governor or the head of a Si/Gun/Gu under Article 10-4(3), a Soil Remediation Advisory Committee shall be established under the Ministry of Climate, Energy and Environment (hereinafter referred to as the "Committee"). <Amended on Oct. 1, 2025>(2) The Committee shall be comprised of five to nine members, including the chairperson.

(3) Matters necessary for the organization, operation, etc. of the Committee shall be prescribed by Presidential Decree.[This Article Added on Mar. 24, 2014]

Article 10-10Establishment and operation of Soil Environment Center

(1) The Minister of Climate, Energy and Environment may establish and operate a Soil Environment Center to efficiently perform the following affairs relating to soil conservation: <Amended on Nov. 28, 2017; Oct. 1, 2025>1. Affairs regarding research and the development and utilization of technology related to the soil environmental industry;

2. Dissemination of technology related to soil conservation, promotion of its commercialization, and support for its expansion into overseas markets;

3. Affairs regarding the collection and utilization of, and education, publicity, and international cooperation on, information related to the soil environmental industry;

4. Affairs regarding the invigoration of the soil environmental industry;

5. Affairs entrusted by the State, local governments, or public institutions referred to in Article 4 of the Act on the Management of Public Institutions with regard to the affairs under subparagraphs 1 through 4.

(2) The Minister of Climate, Energy and Environment may provide a subsidy to cover all or part of the expenses incurred in performing the affairs referred to in paragraph (1). <Amended on Oct. 1, 2025>(3) The Minister of Climate, Energy and Environment may entrust the operation of the Soil Environment Center to the Korea Environmental Industry and Technology Institute established under the Korea Environmental Industry and Technology Institute Act. <Amended on Dec. 1, 2015; Oct. 1, 2025>(4) Matters necessary for the operation, supervision, etc. of the Soil Environment Center shall be prescribed by Presidential Decree.[This Article Added on Mar. 24, 2014]

CHAPTER II REGULATION ON SOIL CONTAMINATION

Article 11Reporting on soil contamination

(1) A report shall be filed with the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu without delay in any of the following cases: <Amended on Mar. 24, 2014; Nov. 28, 2017>1. Where a person who produces, transports, stores, handles, processes, or treats soil contaminants discharges or leaks them in the process thereof;

2. Where a person who owns, occupies, or operates facilities subject to the control of soil contamination finds that the soil of the site on which such facilities are installed or of its neighboring areas has been contaminated;

3. Where the owner or occupant of land finds that the land he or she owns or occupies has been contaminated.

(2) Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu receives a report referred to in paragraph (1), finds the discharge or leakage of soil contaminants, or otherwise becomes aware of soil contamination, he or she may have public officials under his or her jurisdiction enter the relevant land and examine the cause and the level of soil contamination. <Amended on Nov. 28, 2017>(3) With respect to any soil whose level of contamination is found to exceed a worrisome level (hereinafter referred to as "contaminated soil") by the examination referred to in paragraph (2), a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may order a person responsible for remediation to ask a soil-related specialized agency for conducting a detailed soil survey and to take measures to remediate contaminated soil within a specified period, as prescribed by Presidential Decree. <Amended on Mar. 24, 2014>(4) If a soil-related specialized agency conducts a detailed soil survey pursuant to paragraph (3), it shall notify the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu of the results of the detailed soil survey, without delay. <Amended on Nov. 28, 2017>(5) Public officials who intend to enter any land of other persons under paragraph (2) shall carry identification verifying their authority and present it to relevant persons.

(6) Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu has public officials under his or her jurisdiction enter the relevant land to examine the cause and the level of soil contamination pursuant to paragraph (2), he or she shall inform the head of a regional environmental agency of such fact without delay. <Added on Mar. 24, 2014; Nov. 28, 2017>[This Article Wholly Amended on Apr. 5, 2011]

Article 12Reporting on specified facilities subject to control of soil contamination

(1) A person who intends to install specified facilities subject to the control of soil contamination shall file a report on the details of such facilities and a plan for installing facilities for preventing soil contamination under paragraph (5) with the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu, as prescribed by Presidential Decree. The same shall apply where any change is made to the reported matters (including the closure of specified facilities subject to the control of soil contamination), the details of which are prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Nov. 28, 2017; Dec. 13, 2022; Oct. 1, 2025>(2) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun Province shall notify a reporting person of acceptance or rejection of the report, within 10 days from the date of receipt of the report under the former part of paragraph (1), and within 7 days from the date of receipt of a report on change under the latter part of that paragraph. <Added on Dec. 13, 2022>(3) If the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu fails to notify a reporting person of acceptance or rejection of the report within the period specified in paragraph (2) or an extension of the processing period under the statutes or regulations related to the processing of civil petitions, the report shall be deemed accepted on the day immediately following the day the period (referring to the relevant period if the processing period is extended or re-extended under the statutes or regulations related to the processing of civil petitions) expires. <Added on Dec. 13, 2022>(4) Where the installation of specified facilities subject to the control of soil contamination is permitted or registered under the Act on the Safety Control of Hazardous Substances, the Chemical Substances Control Act, or any other statutes or regulations prescribed by Decree of the Ministry of Climate, Energy and Environment, a report shall be deemed filed under paragraph (1). In such cases, the head of a permission or registration agency shall notify the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu having jurisdiction over the region where the specified facilities subject to the control of soil contamination are installed of such fact, attaching documents regarding the facilities for preventing soil contamination, as prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Jun. 4, 2013; Nov. 28, 2017; Dec. 13, 2022; Oct. 1, 2025>(5) A person who installs the specified facilities subject to the control of soil contamination (including the operator of such facility; hereinafter the same shall apply) shall install a facility for preventing soil contamination (hereinafter referred to as "facility for preventing soil contamination") and maintain and manage such facility properly, as prescribed by Presidential Decree. <Amended on Dec. 13, 2022>[This Article Wholly Amended on Apr. 5, 2011]

Article 12-2Legal fiction of reporting on changes under other statutes

(1) Where a report on changes is filed pursuant to the latter part of Article 12(1), the following reports on changes shall be deemed filed in relation to specified facilities subject to the control of soil contamination; provided, matters concerning a report on changes shall be limited to where the name or representative of a place of business is changed: <Amended on Jan. 17, 2017>1. A report on changes to discharging facilities pursuant to the proviso of Article 33(2) and Article 33(3) of the Water Environment Conservation Act;

2. A report on changes to emission facilities under Article 44(2) of the Clean Air Conservation Act.

(2) A person who intends to be deemed to have filed a report on changes pursuant to paragraph (1) shall submit the relevant documents prescribed by applicable statutes when applying for a report on changes.

(3) Where the head of an administrative agency who receives reports on changes pursuant to paragraph (1) processes such reports, he or she shall without delay notify the details thereof to the head of the competent administrative agency having jurisdiction over the reports on changes set forth in any subparagraph of paragraph (1).

(4) Where a report on changes is deemed filed pursuant to paragraph (1), fees imposed in accordance with relevant statutes shall be exempted.[This Article Added on Dec. 1, 2015]

Article 13Soil contamination inspections

(1) The installer of a specified facility subject to the control of soil contamination shall undergo a soil contamination inspection of the site of such facility and its neighboring areas (hereinafter referred to as "soil contamination inspection") conducted by a soil-related specialized agency, as prescribed by Presidential Decree; provided, the same shall not apply where the collection of soil samples is impossible or a soil contamination inspection is unnecessary and where permission is obtained from a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu as the requirements prescribed by Presidential Decree are met. <Amended on Nov. 28, 2017>(2) Procedures for approval under the proviso of paragraph (1) shall be prescribed by Decree of the Ministry of Climate, Energy and Environment, and an applicant for such approval shall attach the opinion of a soil-related specialized agency; provided, in cases prescribed by Presidential Decree, such as where some facilities among several storage facilities of the same type are closed, the opinion of a soil-related specialized agency need not be attached. <Amended on Oct. 1, 2025>(3) A soil contamination inspection shall be conducted in two parts which are an inspection of soil contamination levels and a leakage inspection; provided, a leakage inspection shall be conducted only where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu deems that it is impossible to verify any leakage from storage facilities or pipes visually because they are buried underground or fixed on the land, as prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Nov. 28, 2017; Oct. 1, 2025>(4) Where a soil-related specialized agency conducts a soil contamination inspection, it shall notify the results of such inspection to the installer of a specified facility subject to the control of soil contamination, the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, the head of the competent Si/Gun/Gu, and the head of the competent fire station (notification to the head of a fire station shall be given only where it is verified by a leakage inspection that contaminants are leaked from facilities permitted under the Act on the Safety Control of Hazardous Substances), and the installer of the specified facility subject to the control of soil contamination shall retain the results notified to him or her, as prescribed by Decree of the Ministry of Climate, Energy and Environment. In such cases, the installer of the specified facility subject to the control of soil contamination may retain the results notified to him or her in the form of the electronic document defined in subparagraph 1 of Article 2 of the Framework Act on Electronic Documents and Transactions. <Amended on Jun. 1, 2012; Nov. 28, 2017; Oct. 1, 2025>(5) Methods of collecting samples for soil contamination inspections and other necessary matters shall be prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Oct. 1, 2025>(6) Where deemed necessary to perform a detailed inspection based on the results of a soil contamination inspection notified by a soil-related specialized agency pursuant to paragraph (4), the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu may request a soil-related specialized agency prescribed by Decree of the Ministry of Climate, Energy and Environment to conduct a soil contamination inspection. <Amended on Nov. 28, 2017; Oct. 1, 2025>[This Article Wholly Amended on Apr. 5, 2011]

Article 14Orders given to installers of specified facilities subject to control of soil contamination

(1) Where the installer of a specified facility subject to the control of soil contamination falls under any of the following, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may order him or her to install or improve facilities for preventing soil contamination, to have the site of such facilities or its neighboring areas undergo a detailed soil survey conducted by a soil-related specialized agency, or to take measures to remediate contaminated soil within a specified period, as prescribed by Presidential Decree: <Amended on Nov. 28, 2017>1. Where he or she fails to install facilities for preventing soil contamination or to meet the standards for such facilities;

2. Where a soil contamination inspection conducted under Article 13(3) finds that the level of soil contamination exceeds a worrisome level;

3. Where a leakage inspection conducted under Article 13(3) finds that contaminants are leaked.

(2) Where a soil-related specialized agency conducts a detailed soil survey pursuant to paragraph (1), it shall notify the installer of a specified facility subject to the control of soil contamination, the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu of the results of such detailed soil survey, without delay. <Amended on Nov. 28, 2017>(3) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may order the installer of a specified facility subject to the control of soil contamination to suspend the use of such facility, where the installer fails to comply with the order under paragraph (1) or where the level of soil contamination in the site of the facility and its neighboring areas do not decrease to or below the remediation levels under Article 15-3(1) even if he or she complies with the relevant order. <Amended on Nov. 28, 2017>[This Article Wholly Amended on Apr. 5, 2011]

Article 15Orders to take preventive measures against soil contamination

(1) A Mayor/Do Governor or the head of a Si/Gun/Gu may order a person responsible for remediation in an area falling under Article 5(4)1 or 2 to undergo a detailed soil survey conducted by a soil-related specialized agency within a specified period, as prescribed by Presidential Decree. <Amended on Apr. 5, 2011; Jun. 1, 2012; Mar. 24, 2014>(2) Where a soil-related specialized agency conducts a detailed soil survey under paragraph (1), it shall notify the results of such survey to a person responsible for remediation and the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu without delay. <Amended on Apr. 5, 2011; Mar. 24, 2014>(3) Where regular measurement, a soil contamination status survey, or a detailed soil survey finds that the level of soil contamination exceeds a worrisome level, a Mayor/Do Governor or the head of a Si/Gun/Gu may order a person responsible for remediation to take any of the following measures within a specified period, as prescribed by Presidential Decree; provided, where a person responsible for remediation is unknown or soil remediation by a person responsible for remediation is deemed impracticable, a Mayor/Do Governor or the head of the Si/Gun/Gu may conduct remediation of contaminated soil: <Amended on Apr. 5, 2011; Mar. 24, 2014>1. Improving or relocating facilities subject to the control of soil contamination;

2. Restricting or suspending the use of the relevant soil contaminants;

3. Remediating contaminated soil.

(4) Deleted. <Dec. 31, 2004>(5) Deleted. <Dec. 31, 2004>(6) Where the measurement of a soil contamination level under Article 5 finds that such level exceeds a worrisome level, the Minister of Climate, Energy and Environment may request the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu to take the measures referred to in paragraph (3). <Amended on Apr. 5, 2011; Oct. 1, 2025>(7) A Mayor/Do Governor or the head of a Si/Gun/Gu shall, upon receiving a request from the Minister of Climate, Energy and Environment under paragraph (6), issue an order to take the measures referred to in paragraph (3) and shall report the details and results of such order to the Minister of Climate, Energy and Environment, as prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Apr. 5, 2011; Oct. 1, 2025>[This Article Wholly Amended on Mar. 28, 2001][Title Amended on Apr. 5, 2011]

Article 15-2Reporting on compliance with orders

(1) Where a person subject to an order to take measures or a suspension order pursuant to Articles 11(3), 14(1) and (3), or 15(3) complies with such order, he or she shall report such compliance to a Mayor/Do Governor or the head of a Si/Gun/Gu without delay, as prescribed by Decree of the Ministry of Climate, Energy and Environment. In such cases, a Mayor/Do Governor or the head of a Si/Gun/Gu shall verify compliance with the order, as prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Mar. 24, 2014; Oct. 1, 2025>(2) Where a person subject to an order to take measures pursuant to Article 11(3) reports compliance with such order pursuant to paragraph (1), a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall notify the head of a regional environmental agency of the relevant report on compliance with the order, as prescribed by Decree of the Ministry of Climate, Energy and Environment. <Added on Mar. 24, 2014; Nov. 28, 2017; Oct. 1, 2025>[This Article Wholly Amended on Apr. 5, 2011]

Article 15-3Remediation of contaminated soil

(1) Contaminated soil shall be remediated in conformity with the remediation levels and methods prescribed by Presidential Decree.

(2) Contaminated soil shall be remediated by entrusting such remediation to a soil remediation business entity (referring to a soil remediation business entity who has registered facilities for bringing in contaminated soil for its remediation under Article 23-7(1), where contaminated soil is shipped out for its remediation under the proviso of paragraph (3)); provided, contaminated soil that is of a type and scale prescribed by Presidential Decree, including soil contaminated by organic solvents, may be remediated directly by a person responsible for remediation. <Amended on Mar. 24, 2014>(3) Contaminated soil shall be remediated on the relevant site where contamination occurs; provided, where it is impracticable to remediate the contaminated soil on the site due to unavoidable reasons prescribed by Decree of the Ministry of Climate, Energy and Environment such as that a site is narrow and small, the contaminated soil may be shipped out to the facilities owned by a soil remediation business entity (referring to facilities registered to bring in contaminated soil for its remediation under Article 23-7(1)) for its off-site remediation, as prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Oct. 1, 2025>(4) A person who intends to ship out contaminated soil for its remediation under the proviso of paragraph (3) shall submit a plan for shipping out contaminated soil for its remediation to the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu and shall be notified that such plan is appropriate, as prescribed by Decree of the Ministry of Climate, Energy and Environment. The same shall also apply where any change is made to the important matters prescribed by Decree of the Ministry of Climate, Energy and Environment in a plan for shipping out contaminated soil for its remediation that has been notified as appropriate under paragraph (5). <Amended on Jun. 1, 2012; Nov. 28, 2017; Oct. 1, 2025>(5) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall review a plan for shipping out contaminated soil for its remediation submitted under paragraph (4) with regard to the following matters and notify the person who has submitted such plan of whether it is appropriate: <Amended on Jun. 1, 2012; Nov. 28, 2017>1. Whether contaminated soil can be shipped out for its remediation under the proviso of paragraph (3);

2. Whether the plan for shipping out contaminated soil for its remediation is appropriate.

(6) A person notified of appropriateness under paragraph (5) shall enter the details of the relevant soil transfer form into the contaminated soil information system referred to in paragraph (9) whenever he or she ships out, transports, remediates, or uses (referring to the first use of remediated soil; hereinafter the same shall apply) contaminated soil. <Added on Jun. 1, 2012; Nov. 28, 2017>(7) A person who remediates contaminated soil shall be prohibited from performing the following acts: <Added on Jun. 1, 2012>1. Lowering the concentrations of contamination by mixing the contaminated soil with other soil;

2. Keeping the contaminated soil in excess of the capacity of his or her facilities registered under Article 23-7(1), where it is shipped out for its remediation under the proviso of paragraph (3).

(8) Matters necessary for the methods and timing of preparing a soil transfer form referred to in paragraph (6), the timing of transferring soil, and other matters shall be prescribed by Decree of the Ministry of Climate, Energy and Environment. <Added on Jun. 1, 2012; Nov. 28, 2017; Oct. 1, 2025>(9) The Minister of Climate, Energy and Environment shall establish and operate a contaminated soil information system that can electronically process the shipping-out, transportation, remediation, or use of contaminated soil. <Added on Jun. 1, 2012; Nov. 28, 2017; Oct. 1, 2025>[This Article Wholly Amended on Apr. 5, 2011]

Article 15-4Prohibition on dumping contaminated soil

No person shall commit any of the following acts:

1. Abandoning or burying contaminated soil;

2. Discharging or leaking contaminated soil in the course of storing, transporting, and remediating it;

3. Using soil that has been remediated for soil in an area where a worrisome level is stricter than that of the remediated soil.[This Article Wholly Amended on Apr. 5, 2011]

Article 15-5Risk assessments

(1) The Minister of Climate, Energy and Environment, a Mayor/Do Governor, the head of a Si/Gun/Gu, or a person responsible for remediation may require a risk assessment agency designated under Article 23-2(2)1 to assess the degree of risk that soil contaminants on the relevant site pose to the human body and environment in consideration of the types of contaminants, contamination levels, surroundings, future plans for soil utilization, and other necessary matters (hereinafter referred to as "risk assessment") to reflect the results of such assessment in the scope, timing, level, etc. of soil remediation. <Amended on Jun. 1, 2012; Mar. 24, 2014; Oct. 1, 2025>(2) A risk assessment may be conducted in any of the following cases (only subparagraphs 4 and 5 shall apply to a person responsible for remediation): <Amended on Mar. 24, 2014>1. Where soil remediation is intended under Article 6-3;

2. Where soil remediation is intended in the proviso, with the exception of the subparagraphs, of Article 15(3);

3. Where a project for improving contaminated soil is intended under Article 19(3);

4. Where remediation of contaminated soil is intended on the site where it is verified by the methods prescribed by Presidential Decree as being contaminated due to natural causes (excluding where contaminated soil is shipped out for its remediation under the proviso of Article 15-3(3));

5. Other cases prescribed by Presidential Decree, which require a risk assessment to be conducted.

(3) Where a Mayor/Do Governor, the head of a Si/Gun/Gu, or a person responsible for remediation intends to reflect the results of a risk assessment in the timing, scope, level, etc. of soil remediation, the results shall be verified by the Minister of Climate, Energy and Environment in advance. <Amended on Mar. 24, 2014; Oct. 1, 2025>(4) Items and methods of risk assessments and other necessary matters as well as procedures and methods for verification of the results of such assessments shall be prescribed by Decree of Ministry of Climate, Energy and Environment. <Amended on Oct. 1, 2025>[This Article Wholly Amended on Apr. 5, 2011]

Article 15-6Verification of soil remediation

(1) Where a person responsible for remediation entrusts a soil remediation business entity with soil remediation to remediate contaminated soil, he or she shall require a soil contamination status survey agency designated under Article 23-2(2)2 to verify the process and completion of remediation; provided, where a detailed soil survey finds that the scale of contaminated soil is small, the concentrations of contamination is low, or that contaminated soil is of a scale and type prescribed by Presidential Decree, verification of the remediation process may be omitted. <Amended on Jun. 1, 2012; Mar. 24, 2014>(2) Where a person responsible for remediation intends to require a soil contamination status survey agency to verify the process and completion of remediating contaminated soil pursuant to the main clause of paragraph (1), he or she shall formulate a plan for remediating contaminated soil in accordance with the details and procedures prescribed by Decree of the Ministry of Climate, Energy and Environment to submit such plan to the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu. The same shall also apply where any change is made to the matters that are included in the plan submitted and that are prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Mar. 24, 2014; Nov. 28, 2017; Oct. 1, 2025>(3) When a soil-related specialized agency performs verification under paragraph (1), it may collect verification fees from persons responsible for remediation. In such cases, standards for calculating verification fees shall be prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Mar. 24, 2014; Oct. 1, 2025>(4) Procedures, details, and methods with regard to verification under paragraph (1) and other matters necessary for verification shall be prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Oct. 1, 2025>(5) Where a soil remediation business entity undergoes verification of the process and completion of remediation under paragraph (1), it shall not ship out contaminated soil before verification is completed by a soil-related specialized agency.[This Article Wholly Amended on Apr. 5, 2011]

Article 15-7Designation of soil control complexes

(1) Where deemed necessary for efficient soil remediation by concentrating facilities required for soil remediation in a certain area to ship out contaminated soil for its remediation under the proviso of Article 15-3(3) or to recycle remediated soil, the Minister of Climate, Energy and Environment may designate land for which the Minister of Climate, Energy and Environment is the head of a central government agency as a soil control complex among the State property under the State Property Act. <Amended on Oct. 1, 2025>(2) Where the Minister of Climate, Energy and Environment intends to designate a soil control complex pursuant to paragraph (1), he or she shall formulate a plan for developing a soil control complex, hear the opinions of the competent Mayor/Do Governor, and have consultation with the head of the relevant central administrative agency, as prescribed by Presidential Decree. The same shall also apply where any change is to be made to the important matters that are included in a plan for developing a soil control complex and that are prescribed by Presidential Decree. <Amended on Oct. 1, 2025>(3) Notwithstanding the State Property Act, the Minister of Climate, Energy and Environment may allow a person who intends to engage in soil remediation business in a soil control complex under paragraph (1) to use or profit from part of land in such complex under a free contract or may lend or sell such land to him or her. <Amended on Oct. 1, 2025>(4) To efficiently operate a soil control complex pursuant to paragraph (1), the Minister of Climate, Energy and Environment may provide necessary support for the establishment, etc. of infrastructure, including roads. <Amended on Oct. 1, 2025>[This Article Added on Apr. 5, 2011]

Article 15-8Soil contamination by persistent pollutants

(1) Where a site or its surrounding area (limited to a site or its surrounding area where the state is responsible for remediation; hereafter in this Article, the same shall apply) where soil contamination occurs is contaminated by the persistent organic pollutants defined in subparagraph 1 of Article 2 of the Persistent Organic Pollutants Control Act (excluding soil pollutants of which remediation levels are determined under Article 15-3(1) of this Act; hereinafter referred to as "persistent pollutants") in addition to soil contaminants that exceed a worrisome level, the head of a central administrative agency responsible for remediation under this Act or other statutes or regulations (hereafter in this Article referred to as "authority responsible for contaminated soil remediation") shall formulate a draft remediation plan including the following and hear the opinions of the residents of the relevant area:

1. Timing and period of remediation of contaminated soil containing persistent pollutants;

2. Target quantity and methods of remediation of contaminated soil containing persistent pollutants;

3. Other matters concerning remediation of contaminated soil containing persistent pollutants.

(2) An authority responsible for contaminated soil remediation shall formulate a remediation plan after consultation with the Minister of Climate, Energy and Environment on a draft remediation plan in which the opinions of the residents of the relevant area are reflected under paragraph (1). In such cases, the Minister of Climate, Energy and Environment in receipt of a request for consultation may allow the authority to otherwise determine remediation methods, etc., notwithstanding Article 15-3(1) and (3). <Amended on Oct. 1, 2025>(3) Where contaminated soil is remediated in accordance with a remediation plan formulated pursuant to paragraph (2), an authority responsible for contaminated soil remediation shall entrust such remediation to a soil remediation business entity (referring to a soil remediation business entity that has registered facilities for bringing in contaminated soil for its remediation pursuant to Article 23-7(1), where such contaminated soil is shipped out for its remediation) and shall require a soil contamination status survey agency designated pursuant to Article 23-2(2)2 to verify the process and completion of remediation.

(4) Article 15-6(2) through (5) shall apply mutatis mutandis to specific procedures, details, methods, etc. regarding verification under paragraph (3). In such cases, "person responsible for remediation" shall be regarded as "authority responsible for contaminated soil remediation".[This Article Added on Jun. 12, 2018]