HIGH-PRESSURE GAS SAFETY CONTROL ACT
Wholly Amended by Act No. 3703, Dec. 31, 1983
Amended by Act No. 4541, Mar. 6, 1993
Act No. 4625, Dec. 27, 1993
Act No. 4966, Aug. 4, 1995
Act No. 5184, Dec. 12, 1996
Act No. 5454, Dec. 13, 1997
Act No. 5453, Dec. 13, 1997
Act No. 5505, Jan. 13, 1998
Act No. 5828, Feb. 8, 1999
Act No. 6419, Feb. 3, 2001
Act No. 6581, Dec. 31, 2001
Act No. 6676, Mar. 25, 2002
Act No. 7240, Oct. 22, 2004
Act No. 7504, May 26, 2005
Act No. 8183, Jan. 3, 2007
Act No. 8452, May 17, 2007
Act No. 8486, May 25, 2007
Act No. 8763, Dec. 21, 2007
Act No. 8852, Feb. 29, 2008
Act No. 8863, Feb. 29, 2008
Act No. 9679, May 21, 2009
Act No. 10248, Apr. 12, 2010
Act No. 10705, May 24, 2011
Act No. 11140, Dec. 31, 2011
Act No. 11690, Mar. 23, 2013
Act No. 11998, Aug. 6, 2013
Act No. 12154, Jan. 1, 2014
Act No. 12283, Jan. 21, 2014
Act No. 13079, Jan. 28, 2015
Act No. 13089, Jan. 28, 2015
Act No. 13728, Jan. 6, 2016
Act No. 14079, Mar. 22, 2016
Article 1 (Purpose)
The purpose of this Act is to provide for matters pertaining to the production, storage, sale, transportation and use of high-pressure gas as well as the manufacture, inspection, etc. of containers, refrigerators and specific equipment for high-pressure gas, etc., and basic matters regarding gas safety in order to prevent hazards caused by high-pressure gas, etc. and to secure public safety.<Amended by Act No. 12283, Jan. 21, 2014>
Article 2 (Scope of Application)
The type and scope of high-pressure gas governed by this Act shall be prescribed by Presidential Decree.
Article 3 (Definitions)
The terms used in this Act shall be defined as follows:<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. The term "storage place" means a fixed place where high-pressure gas of the amount in conformity with or over the standard prescribed by Ordinance of the Ministry of Trade, Industry and Energy is stored in containers or in storage tanks;
2. The term "container" means a transportable thing (including accessories) for filling with high-pressure gas;
3. The term "storage tank" means a thing settled in a fixed place for storing high-pressure gas;
4. The term "refrigerator" means a piece of equipment which uses high pressure gas for freezing materials and has a freezing capacity in conformity with or over the standard prescribed by Ordinance of the Ministry of Trade, Industry and Energy;
5. The term "specified equipment" means a storage tank or a piece of equipment for high-pressure gas prescribed by Ordinance of the Ministry of Trade, Industry and Energy;
6. The term “close safety examination” means any activity by a specialized gas safety control institution for the purpose of preventing large gas accidents by checking outworn high-pressure gas production facilities under suspension using high-tech equipment and technology on a regular basis in order to identify potential hazards and the causes of such hazards and provide methods to remove the identified potential hazards and their causes.
Article 3-2 (Development of Master Plans for Gas Safety Control)
(1) The Minister of Trade, Industry and Energy shall develop and implement a master plan for gas safety control (hereinafter referred to as “master plan”) every five years to prevent hazards caused by gas and to control systematic gas safety.
(2) Master plans shall include each of the following:
1. Matters related to the mid- and long-term safety control policies concerning high-pressure gas, liquefied petroleum gas as defined in subparagraph 1 of Article 2 of the Safety Control and Business of Liquefied Petroleum Gas Act, and urban gas as defined in subparagraph 1 of Article 2 of the Urban Gas Business Act (hereinafter referred to as “high-pressure gas, etc.);
2. Matters related to the improvement of safety control systems for high-pressure gas, etc.;
3. Matters related to training and campaigning as well as inspections and diagnosis for preventing incidents caused by high-pressure gas, etc.;
4. Matters related to the research and development of policies and technologies for the safety control of high-pressure gas, etc.;
5. Other matters necessary for the safety control of high-pressure gas, etc.
(3) When the Minister of Trade, Industry and Energy intends to develop or modify a master plan, he/she shall have prior consultation with the head of a relevant central administrative agency, and submit the relevant matters for deliberation by the Energy Committee established under Article 9 (1) of the Energy Act: Provided, That prior consultation and deliberation may be omitted in cases of modifications to minor matters prescribed by Presidential Decree.
(4) If necessary for developing, modifying or implementing a master plan, the Minister of Trade, Industry and Energy may request relevant data or cooperation from the head of a relevant central administrative agency, the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Metropolitan Autonomous City Mayor, a Do Governor, the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor"), or the head of a public institution referred to in Article 4 of the Act on the Management of Public Institutions. In such cases, the person in receipt of such request shall comply therewith except in extenuating circumstances.
(5) When the Minister of Trade, Industry and Energy develops or modifies a master plan, he/she shall notify the head of a relevant central administrative agency, Mayor/Do Governor, and the head of a public institution (limited to the public institutions which perform the duties related to gas safety) referred to in Article 4 of the Act on the Management of Public Institutions thereof, and make a public announcement (including Internet posting) thereof.
(6) Matters necessary for the development, modification, and implementation of a master plan under paragraphs 1 through 5 shall be prescribed by Presidential Decree.
Article 3-3 (Research and Development Projects on Safety Technologies and Standards for High-Pressure Gas, etc.)
(1) The Minister of Trade, Industry and Energy may require any of the following institutions or organizations to conduct research and development projects on safety technologies and standards for high-pressure gas, etc.:<Amended by Act No. 14079, Mar. 22, 2016>
1. The Korea Gas Safety Corporation established under Article 28 (1);
2. National or public research institutes;
3. Universities, colleges, industrial colleges, junior colleges, and technical colleges prescribed in the Higher Education Act;
4. Research institutes established under the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institute, Etc.;
5. Company-affiliated research institutes prescribed in Article 14-2 (1) of the Basic Research Promotion and Technology Development Support Act;
6. Specific research institutes as defined in the Support of Specific Research Institutes Act;
7. Corporate research institutes in the field of gas safety established under the Civil Act or other Acts, or corporation-affiliated research institutes;
8. Other institutions or organizations engaged in the research and development of technologies and standards for gas safety, which are prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
(2) The Minister of Trade, Industry and Energy may render financial support necessary for the research and development prescribed in paragraph (1).
Article 4 (Permission, etc. for Production of High-Pressure Gas)
(1) Any person who intends to produce (including filling containers; hereinafter the same shall apply) high-pressure gas shall obtain permission for each place of production from the Metropolitan Autonomous City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter referred to as “head of a Si/Gun/ Gu”). The same shall apply where he/she intends to modify any important matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy among the matters so permitted.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 9679, May 21, 2009; Act No. 11690, Mar. 23, 2013; Act No. 12283, Jan. 21, 2014>
(2) Notwithstanding paragraph (1), any person who intends to produce high-pressure gas of a type prescribed by Presidential Decree and of a scale in conformity with or under the standard prescribed by Presidential Decree shall file a report to the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. The same shall apply where he/she intends to modify any important matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy among the matters so reported.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 9679, May 21, 2009; Act No. 11690, Mar. 23, 2013>
(3) Any person who intends to establish a storage place or to sell high-pressure gas shall obtain permission for each storage place or store from the head of a Si/Gun/Gu. The same shall apply where he/she intends to modify any important matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy among the matters so permitted.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 9679, May 21, 2009; Act No. 11690, Mar. 23, 2013>
(4) Types of, standards for, and scope of permission under paragraphs (1) and (3) shall be prescribed by Presidential Decree; facility standards and technical standards necessary for the production, storage and sales of high-pressure gas shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(5) The authorities which have granted permission or received reports under paragraphs (1) through (3) shall notify the chief of the competent fire station of the terms and conditions of such permission or reported details within seven days.
Article 5 (Registration, etc. for Manufacturing Containers, Refrigerators, and Specified Equipment)
(1) Any person who intends to manufacture containers, refrigerators or specified equipment (hereinafter referred to as "container, etc.") shall register with the head of a Si/Gun/Gu. The same shall apply where he/she intends to modify any important matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy among the matters so registered.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) Standards for, and scope of registration under paragraph (1) shall be prescribed by Presidential Decree, and facility standards and technical standards necessary for manufacturing containers, etc. shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) No one other than the following persons shall repair containers, etc.:<Newly Inserted by Act No. 12283, Jan. 21, 2014; Act No. 13089, Jan. 28, 2015>
1. A person who has obtained permission to produce high-pressure gas under Article 4;
2. A person registered as a manufacturer of containers, etc. under paragraph (1);
3. A designated inspection agency for inspecting containers, etc. under Article 35;
4. A person who has obtained permission for a liquefied petroleum gas-filling business under Article 5 of the Safety Control and Business of Liquefied Petroleum Gas Act;
5. A person registered to run a motor vehicle management business (limited to the motor vehicle maintenance business) under Article 53 of the Motor Vehicle Management Act, and who is equipped with the residual gas recovery system necessary for repairing accessories and parts fitted to the liquefied petroleum gas container of motor vehicles;
6. A person prescribed by Presidential Decree, who is equivalent to those provided for in subparagraphs 1 through 5.
(4) When the owner or occupant of a container, etc., intends to repair the container, etc., he/she shall authorize a person referred to in the subparagraphs of paragraph (3) to repair it.<Amended by Act No. 12283, Jan. 21, 2014>
(5) Where a person referred to in the subparagraphs of paragraph (3) repairs a container, etc., such repair work shall be supervised by a person who has the qualifications required for each type of containers, etc. by Presidential Decree.<Newly Inserted by Act No. 12283, Jan. 21, 2014>
(6) Standards for, and scope of, the repair of containers, etc. shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12283, Jan. 21, 2014>
Article 5-2 (Registration of Containers, etc. Manufactured in Foreign Countries)
(1) Any person who intends to manufacture containers, etc. in any foreign country to export them to the Republic of Korea shall file for registration with the Minister of Trade, Industry and Energy. The same shall apply where he/she intends to modify any important matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy among the matters so registered.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) Any person who has completed registration under paragraph (1) (hereinafter referred to as "manufacturer of foreign containers, etc.") shall file for re-registration on a regular basis for each period prescribed by Ordinance of the Ministry of Trade, Industry and Energy.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) Standards for, and scope of registration, such as the technical capability of a person intending to complete registration under paragraph (1) or re-registration under paragraph (2) shall be prescribed by Presidential Decree, and facility standards and technical standards necessary for manufacturing containers, etc. and other matters necessary for registration shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
Article 5-3 (Registration of High-Pressure Gas Importers)
(1) Any person who intends to run a high-pressure gas import business shall file for registration with the head of a Si/Gun/Gu. The same shall also apply where he/she intends to modify any important matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy among the matters so registered.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) Standards for, and scope of registration under paragraph (1) shall be prescribed by Presidential Decree, and facility standards and technical standards necessary for running import businesses shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
Article 5-4 (Registration of High-Pressure Gas Transporters)
(1) Any person who intends to transport high-pressure gas using high-pressure gas transport vehicles shall file for registration with the head of a Si/Gun/Gu. The same shall also apply where he/she intends to modify important matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy among the matters so registered.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) Standards for, and scope of registration under paragraph (1) shall be prescribed by Presidential Decree, and facility standards and technical standards necessary for high-pressure gas transport vehicles shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
Article 6 (Grounds for Disqualification)
None of the following persons may obtain permission referred to in Article 4 or obtain registration referred to in Articles 5, 5-3 and 5-4: Provided, That the foregoing shall not apply to any person who intends to produce high-pressure gas by using refrigerator nor any person who intends to establish a storage place, from among persons who intend to produce high-pressure gas:<Amended by Act No. 9679, May 21, 2009; Act No. 12283, Jan. 21, 2014; Act No. 13728, Jan. 6, 2016>
1. A person under the adult guardianship;
2. Any person declared bankrupt and not yet reinstated;
3. Any person who has been sentenced to imprisonment with labor or any heavier punishment for a violation of Articles 172, 172-2, 173, 173-2, 174 (excluding attempts under Articles 164 (1), 165 and 166 (1)), 175 (excluding any person who prepares or conspires for the purpose of committing a crime under Articles 164 (1), 165 and 166 (1)) of the Criminal Act, the Safety Control and Business of Liquefied Petroleum Gas Act, the Urban Gas Business Act, or this Act, and for whom two years have not passed since he/she completed the execution (including where he/she deems to have completed the execution) or was exempted from execution;
4. Any person who has been sentenced to suspension of execution of imprisonment with labor or any heavier punishment for violating Articles 172, 172-2, 173, 173-2, 174 (excluding attempts of Articles 164 (1), 165 and 166 (1)), 175 (excluding any person who prepares or conspires for the purpose of committing a crime of Articles 164 (1), 165 and 166 (1)) of the Criminal Act, the Safety Control and Business of Liquefied Petroleum Gas Act, the Urban Gas Business Act or this Act and who is under suspension of its execution;
5. Any person for whom two years have not passed since his/her permission or registration was revoked under Article 9 (excluding cases where his/her permission or registration was revoked due to grounds for disqualification referred to in subparagraph 1 or 2) ;
6. Any corporation, the representative of which falls under any of subparagraphs 1 through 5.
Article 7 (Reporting on Commencement of Business, etc.)
Where any person who has obtained permission or filed a report under Article 4, or any person who has completed registration under Article 5, 5-3 or 5-4 (hereinafter referred to as "business operator, etc.") intends to commence, suspend for a certain period, or discontinue the relevant business or the use of storage place, he/she shall file a prior report thereon to the government office that grants permission under Article 4 (hereinafter referred to as "permitting authorities"), the government office that receives reports under Article 4 (hereinafter referred to as "report-receiving authorities"), or the government office that receives registrations under Article 5, 5-3 or 5-4 (hereinafter referred to as "registration authorities"), as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. The same shall also apply where he/she intends to resume the suspended business or the use of storage place.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
Article 8 (Succession)
(1) When a business operator, etc. deceases or transfers his/her business or storage place, or a corporate business operator, etc. merges with any third business operator, etc., the successor to or transferee of such business or storage place or a corporation surviving a merger or a corporation established in the course of a merger shall succeed to the status of the business operator, etc.
(2) Anyone who succeeds to the status of a business operator, etc. pursuant to paragraph (1) shall file a report thereon to the permitting authorities, report-receiving authorities, or the registration authorities, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) Article 6 shall apply mutatis mutandis to successors under paragraph (1). In such cases, "permission" shall be construed as "succession".
Article 9 (Revocation, etc. of Permission or Registration)
(1) Where any of the following events occurs to a business operator, etc., the permitting authorities or registration authorities may order to revoke his/her permission or registration, or order him/her to suspend or to restrict his/her business or the use of his/her storage place for a specified period not exceeding six months: Provided, That where the business operator, etc. falls under subparagraph 1, 3, or 5, the permitting authorities or the registration authorities must revoke his/her permission or registration:<Amended by Act No. 8852, Feb. 29, 2008; Act No. 9679, May 21, 2009; Act No. 11690, Mar. 23, 2013; Act No. 12283, Jan. 21, 2014; Act No. 13079, Jan. 28, 2015>
1. Where he/she obtains permission under Article 4 or files for registration under Article 5, 5-3 or 5-4 by fraudulent or other illegal means;
2. Where he/she fails to start his/her business or the use of a storage place within one year from the date he/she has obtained permission or completed registration, or discontinues his/her business or the use of a storage place for one year or more without any just grounds;
3. Where he/she causes serious danger and harm to the public or users by intention or negligence;
4. Where he/she fails to meet any of the permission standards under Article 4 or the registration standards under Article 5, 5-3, or 5-4;
5. Where he/she falls under any subparagraph of Article 6: Provided, That the foregoing shall not apply where the representative of a corporation falls under any subparagraphs of Article 6 and he/she is replaced with a new representative within three months and where the successor transfers his/her business to any third person within six months from the date of his/her predecessor's death;
6. Where he/she fails to conduct a safety inspection, in violation of Article 10 (1), or fails to provides users with guidance on matters necessary for prevention of hazards;
7. Where he/she fails to require a user to improve his/her facilities, in violation of Article 10 (2);
8. Where he/she fails to suspend supply of high-pressure gas, or fails to report the suspension of supply, in violation of Article 10 (3);
9. Where he/she fails to comply with an order to improve facilities issued under Article 10 (4);
10. Where the qualifications and number of safety inspectors, inspection equipment, inspection standards, etc. under Article 10 (5) fail to meet standards;
11. Where he/she fails to submit safety control regulations, in violation of Article 11 (1);
12. Where he/she fails to include the manufacturing processes, self-inspection methods, etc. in the safety control regulations, in violation of Article 11 (3);
13. Where he/she fails to comply with an order to amend safety control regulations issued under Article 11 (4);
14. Where he/she fails to observe the safety control regulations, or fails to prepare or keep the records of the implementation thereof, in violation of Article 11 (5);
15. Where he/she fails to place a mark, in violation of Article 11-2;
16. Where he/she fails to maintain facilities, containers, etc. in compliance with the facility standards and technical standards, in violation of Article 13 (1);
17. Where he/she fills gases in containers which do not meet the inspection standards, in violation of Article 13 (2);
18. Where he/she fails to safely maintain and control containers, in violation of Article 13 (4);
18-2. Where he/she fails to complete and preserve the records of filling and sale, in violation of Article 13 (5);
19. Where he/she fails to comply with an order to amend a safety improvement plan issued under Article 13-2 (2);
20. Where he/she fails to conscientiously implement a safety improvement plan, in violation of Article 13-2 (3);
21. Where he/she fails to appoint a safety control manager, in violation of Article 15 (1);
22. Where he/she fails to file a report or appoint another safety control manger, in violation of Article 15 (3);
23. Where he/she fails to appoint an agent to act for a safety control manager, in violation of Article 15 (4);
24. Where he/she fails to follow the instruction of a safety control manager under Article 15 (5);
25. Where he/she fails to undergo an interim inspection, in violation of Article 16 (1);
26. Where he/she fails to undergo supervision, in violation of Article 16 (2);
27. Where he/she uses a facility which has failed a completion inspection, in violation of Article 16 (3);
28. Where he/she fails to use facilities using the specified method of use within a designated period, in violation of the latter part of Article 16 (4);
29. Where he/she fails to prepare and keep the construction records and as-built drawings, in violation of Article 16 (5);
30. Where he/she fails to undergo an inspection, in violation of Article 16-2 (1);
31. Where he/she fails to undergo a periodic close safety examination, in violation of Article 16-3 (1);
32. Where he/she fails to undergo an inspection, in violation of Article 17 (1);
33. Where he/she fails to undergo a re-inspection, in violation of Article 17 (2);
34. Where he/she transfers, rents, or uses a container, etc. or displays a container, etc. for sale without undergoing an inspection or re-inspection, in violation of Article 17 (5);
35. Where he/she fails to inform that he/she manufactures or imports containers, etc., in violation of Article 17 (7);
36. Where he/she fails to comply with an order to recall, etc. issued under Article 18 (2) or (3);
36-2. Where he/she sells or delivers high-pressure gases failing to meet the quality standards, or stores, transports, or keeps such gases for sale or delivery, in violation of Article 18-2 (3);
36-3. Where he/she fails to undergo a quality inspection of high-pressure gases under Article 18-3 (1), or refuses, interferes with, or evades a quality inspection under Article 18-3 (2);
37. Where he/she fails to comply with the standards prescribed by Ordinance of the Ministry of Trade, Industry and Energy, in violation of Article 22 (1);
38. and 39. Deleted;<by Act No. 10705, May 24, 2011>
40. Where he/she fails to comply with an order to take a measure issued under Article 24 (1);
41. Where he/she fails to comply with an order to transfer, suspend, or restrict the use of facilities, or dispose of gas issued under Article 24 (2);
42. Where he/she fails to purchase an insurance policy, in violation of Article 25 (1).
(2) Standards for taking a disposition against each violation referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy, taking the circumstances and severity of such violation into account.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
Article 9-2 (Penalty Surcharges)
(1) The permitting authorities or registration authorities may impose a penalty surcharge up to 40 million won in lieu of an order to suspend or restrict the business or the use of a storage place pursuant to Article 9.<Amended by Act No. 13079, Jan. 28, 2015>
(2) Types of violations subject to penalty surcharges, the amount of penalty surcharges depending on the severity of each violation under paragraph (1), and other necessary matters shall be prescribed by Presidential Decree.
(3) When a business operator fails to pay a penalty surcharge imposed under paragraph (1) by the due date, the relevant permission-granting authority or registration authority shall collect such penalty surcharge pursuant to the Act on the Collection, etc. of Local Non-Tax Revenue.<Amended by Act No. 11998, Aug. 6, 2013>
Article 9-3 (Revocation, etc. of Registration of Manufacturers of Foreign Containers, etc.)
If any of the following applies to a manufacturer of foreign containers, etc. or any person who has obtained re-registration under Article 5-2 (2), the Minister of Trade, Industry and Energy may either revoke the registration or restrict any importation of such containers, etc. to the Republic of Korea for a given period not exceeding six months:<Amended by Act No. 8852, Feb. 29, 2008; Act No. 9679, May 21, 2009; Act No. 11690, Mar. 23, 2013>
1. Where he/she obtains registration under Article 5-2 by fraud or other improper means;
2. Where he/she fails to meet the registration standards under Article 5-2;
3. Where he/she violates Article 11-2 or 17 (1);
4. Where he/she fails to inform that he/she manufactures or imports containers, etc., in violation of Article 17 (7);
5. Where he/she fails to comply with an order to recall, etc. issued under Article 18 (2) or (3).
Article 10 (Obligations, etc. of Suppliers)
(1) Where any person who has obtained permission to produce high-pressure gas or has reported the manufacture thereof pursuant to Article 4 (1) or (2) (hereinafter referred as "high-pressure gas producer") or any person who has obtained permission to sell high-pressure gas pursuant to paragraph (3) of the same Article (hereinafter referred to as "high-pressure gas seller") supplies high-pressure gas to users, he/she shall conduct a safety inspection of users' facilities, and shall provide users with guidance on necessary matters for prevention of hazards, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 9679, May 21, 2009; Act No. 11690, Mar. 23, 2013>
(2) Where a high-pressure gas producer or high-pressure gas seller identifies any improvement to be made with respect to a user’s facilities as a result of a safety inspection under paragraph (1), he/she shall instruct the user to improve the relevant facilities.
(3) When a high-pressure gas user fails to improve his/her facilities, a high-pressure gas producer or high-pressure gas seller shall suspend supply of high-pressure gas to the user, and shall, without delay, report thereon to the head of the competent Si/Gun/Gu.
(4) In receipt of a report under paragraph (3), the head of a Si/Gun/Gu shall order the relevant user to improve his/her facility.
(5) The qualifications and number of safety inspectors, inspection equipment and inspection standards under paragraph (1) and other matters shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
Article 11 (Safety Control Regulations)
(1) Each business operator, etc. shall establish safety control regulations stipulating matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy with respect to the safety maintenance of facilities for manufacture, storage or sale of high-pressure gas or facilities for manufacturing containers, etc. and shall submit the safety control regulations to the permitting authorities, report-receiving authorities, or the registration authorities before commencing his/her business or using a storage place. In such cases, such regulations shall be accompanied by a written opinion of the Korea Gas Safety Corporation under Article 28.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) Business operators, etc. prescribed by Presidential Decree shall give priority to safety in all business activities, such as management policies, organizational control, data and information management, facility supervision, and safety education for employees, and shall include matters necessary for ensuring comprehensive safety thereby in safety control regulations under paragraph (1).
(3) Any person who has completed registration under Article 5 shall include his/her manufacturing processes, self-inspection methods, etc., of containers, etc., in safety control regulations under paragraph (1).
(4) When deemed necessary for ensuring safety, the permitting authorities, report-receiving authorities, or the registration authorities may issue an order to amend safety control regulations under paragraph (1).
(5) Any person who submits safety control regulations under paragraph (1) and his/her employees shall observe the safety control regulations, and shall prepare and keep the records of implementing the safety control regulations.
(6) The permitting authorities, report-receiving authorities, or the registration authorities shall verify whether business operators, etc. and their employees comply with safety control regulations under paragraph (1) and shall conduct evaluation thereof, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(7) Guidelines for preparing safety control regulations under paragraph (1) and the method for presenting the opinions of the Korea Gas Safety Corporation under Article 28 shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
Article 11-2 (Marking on Containers, etc.)
Any person who manufactures or imports containers, etc. (including manufacturers of foreign containers, etc.) shall place a mark determined by Ordinance of the Ministry of Trade, Industry and Energy, including the date of manufacture and the name of manufacturers on containers, etc.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
Article 12 Deleted.<by Act No. 5828, Feb. 8, 1999>
Article 13 (Maintaining Safety of Facilities and Containers)
(1) Each business operator, etc. shall maintain facilities for manufacture, storage and sale of high-pressure gas and facilities for manufacturing containers, etc., in conformity with facility standards and technical standards under Article 4 (4), 5 (2), 5-3 (2) or 5-4 (2).<Amended by Act No. 8763, Dec. 21, 2007>
(2) When any high-pressure gas producer intends to fill containers with high-pressure gas, he/she shall first inspect the safety of containers, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy, and fill containers that meet the inspection standards with high-pressure gas.<Amended by Act No. 8763, Dec. 21, 2007; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) Deleted.<by Act No. 5828, Feb. 8, 1999>
(4) Each high-pressure gas producer or high-pressure gas seller shall maintain and control containers safely, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy.<Amended by Act No. 8763, Dec. 21, 2007; Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(5) Where a high-pressure gas producer fills containers with high-pressure gas, or a high-pressure gas seller sells high-pressure gas filled in containers, he/she shall prepare and preserve the records of filling and sale, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy.<Newly Inserted by Act No. 12283, Jan. 21, 2014>
Article 13-2 (Safety Evaluation, etc.)
(1) Each business operator, etc. referred to in Article 11 (2) shall evaluate the safety of the facilities prescribed by Ordinance of the Ministry of Trade, Industry and Energy, prepare a safety improvement plan and submit the safety improvement plan to the permitting authorities, as prescribed by Presidential Decree, or keep it in his/her office. In such cases, the safety improvement plan shall be accompanied by a written opinion of the Korea Gas Safety Corporation under Article 28.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) If deemed necessary for public safety, the permitting authorities may issue an order to amend a safety improvement plan under paragraph (1).
(3) Any person who prepares and submits a safety improvement plan under paragraph (1) shall implement the safety improvement plan in earnest.
(4) Upon receipt of a safety improvement plan submitted under paragraph (1), the permitting authorities shall notify the chief of the competent fire station of matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy in the safety improvement plan within seven days.<Newly Inserted by Act No. 13079, Jan. 28, 2015>
(5) The Minister of Trade, Industry and Energy shall prescribe standards for safety evaluation under paragraph (1) and other necessary matters.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 13079, Jan. 28, 2015>
Article 14 Deleted.<by Act No. 5828, Feb. 8, 1999>
Article 15 (Safety Control Managers)
(1) Each business operator, etc. and each reported user of specified high-pressure gas under Article 20 (4) shall appoint a safety control manager prior to the commencement of business or use of the specified high-pressure gas in order to ensure the safety of facilities, containers, etc., and to perform duties to prevent hazards.<Amended by Act No. 9679, May 21, 2009>
(2) Where a person prescribed by Presidential Decree among the following persons and each reported user of specified high-pressure gas under Article 20 (4) intends to entrust a facility management specialist with the management of facilities, containers, etc., the person entrusted with the management of such facilities, containers, etc. (hereinafter referred to as "person entrusted with management") shall appoint a safety control manager under paragraph (1):<Amended by Act No. 9679, May 21, 2009>
1. Any high-pressure gas producer who produces high-pressure gases, using refrigerators;
2. Any person who stockpiles a non-combustible and non-toxic high-pressure gas, with permission to establish a storage place under Article 4 (3) (hereinafter referred to as "high-pressure gas stockpiler").
(3) When each person who shall appoint a safety control manager under paragraph (1) or (2) appoints or dismisses a safety control manager or the safety control manager retires, he/she shall, without delay, report such fact to the permitting authorities, report-receiving authorities, the registration authorities, or the authorities that receives usage reports under Article 20 (1) (hereinafter referred to as "the authorities receiving usage report") and shall appoint another safety control manager within 30 days from the date of dismissal or retirement: Provided, That when he/she cannot appoint another safety control manager within said period, such period may be extended with approval of the permitting authorities, report-receiving authorities, the registration authorities, or the authorities receiving usage report.
(4) When a safety control manager is unable to temporarily perform his/her duties on account of travel or sickness or on any other grounds, a person who shall appoint a safety control manager under paragraph (1) or (2) shall appoint an agent to act for the safety control manager.
(5) A safety control manager shall conscientiously perform his/her duties and the relevant business operator, etc., reported user of specified high-pressure gas under Article 20 (4), a person entrusted with management and employees shall respect the safety control manager's opinions on safety and follow his/her instructions.
(6) Where a safety control manager fails to conscientiously perform his/her duties, the permitting authorities, report-receiving authorities, registration authorities, or the authorities receiving usage report may request the relevant business operator, etc., reported user of specified high-pressure gas under Article 20 (4), or a person entrusted with management who has appointed the safety control manager to dismiss the safety control manager.
(7) When the permitting authorities, report-receiving authorities, registration authorities, or the authorities receiving usage report requests the dismissal of a safety control manager under paragraph (6), it may request the Minister of Trade, Industry and Energy to revoke or suspend the safety control manager’s technical qualifications under the National Technical Qualifications Act.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(8) The types, qualifications, number and scope of duties of safety control managers, the period for which the agent acts for a safety control manager and other necessary matters shall be prescribed by Presidential Decree.
Article 16 (Inspections, etc.)
(1) When any person who obtains permission or files a report under Article 4 or completes registration under Article 5-3 intends to perform works to build or change facilities for manufacture, storage, sale or importation of high-pressure gas, he/she shall undergo an interim inspection of each construction process by the competent permitting authorities or report-receiving authorities, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) When a high-pressure gas producer who produces high-pressure gas in excess of the kind and scale prescribed by Presidential Decree performs works to lay or change underground high-pressure gas pipelines outside of the boundary of the place of manufacture, while performing works to build or change manufacture facilities of high-pressure gas under paragraph (1), he/she shall be supervised by the competent permitting authorities or report-receiving authorities.
(3) When a business operator, etc. has completed works to build or change facilities for manufacture, storage, sale or importation of high-pressure gas or facilities for manufacture of containers, etc., he/she shall use such facilities after passing a completion inspection conducted by the competent permitting authorities, report-receiving authorities, or the registration authorities: Provided, That facilities supervised under paragraph (2) shall meet supervision standards in lieu of the completion inspection.
(4) The permitting authorities, report-receiving authorities, or the registration authorities may permit temporary use of the relevant facilities upon specifying the method and period of use, notwithstanding paragraphs (2) and (3) in any of the following cases. In such cases, the facilities for manufacture, storage or sale of high-pressure gas shall be used by the specified method within the specified period only:<Amended by Act No. 8852, Feb. 29, 2008; Act No. 10248, Apr. 12, 2010; Act No. 11690, Mar. 23, 2013>
1. Where supervision or a completion inspection conducted under paragraph (2) or (3) identifies minor defects prescribed by Ordinance of the Ministry of Trade, Industry and Energy;
2. Where a part of facilities made available upon completion in the course of performing works to build facilities to produce high-pressure gas passes a completion inspection (hereinafter referred to as “partial completion inspection”) or a partial completion inspection identifies minor defects prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
(5) When a high-pressure gas producer under paragraph (2) completes works to lay or change underground pipelines, he/she shall prepare and keep construction records and as-built drawings (where records are retained in auxiliary memory devices, he/she may use such input data), as prescribed by Ordinance of the Ministry of Trade, Industry and Energy.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(6) Standards for interim inspections, supervision and completion inspections under paragraphs (1) through (3) and other necessary matters for supervision and inspections shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
Article 16-2 (Regular and Occasional Inspections)
(1) Any person who has obtained permission (excluding high-pressure gas sellers who sell high-pressure gas in containers) or filed a report under Article 4, or completed registration under Article 5-3 shall undergo an inspection, on a regular or occasional basis, by the permitting authorities, report-receiving authorities, or the registration authorities, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: Provided, That a person prescribed by Presidential Decree may be wholly or partially exempt from regular inspections.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 9679, May 21, 2009; Act No. 11690, Mar. 23, 2013>
(2) The subject matter of and standards for regular and occasional inspections under paragraph (1) and other matters necessary for inspections shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
Article 16-3 (Conduct of Close Safety Examinations)
(1) Any high-pressure gas producer shall periodically undergo a close safety examination on outworn high-pressure gas manufacturing facilities of the kind and size prescribed by Ordinance of the Ministry of Trade, Industry and Energy, by specialized gas safety control institutions prescribed by Presidential Decree, for each period prescribed by Ordinance of the Ministry of Trade, Industry and Energy in up to four-year intervals.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) Matters necessary for conducting close safety examinations, such as procedures and standards for such examinations under paragraph (1) shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
Article 17 (Inspection of Containers, etc.)
(1) Any person who has manufactured, repaired or imported containers, etc. (including manufacturers of foreign containers, etc.) shall undergo an inspection by the Minister of Trade, Industry and Energy or the head of the competent Si/Gun/Gu prior to sale or use of such containers: Provided, That containers, etc. prescribed by Presidential Decree may be wholly or partially exempt from such inspection.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) Where any of the following applies to containers or specified equipment that has inspected under paragraph (1), the owner of the containers or specified equipment shall undergo a re-inspection on such containers or specified equipment by the head of a Si/Gun/Gu: Provided, That when the specified equipment of a person who has obtained permission under Article 4 (1), showing exemplary results in self-inspections or meeting the standards prescribed by Presidential Decree, falls under subparagraph 1, such equipment may be wholly or partially exempt from such re-inspection, as prescribed by Presidential Decree:<Amended by Act No. 8852, Feb. 29, 2008; Act No. 9679, May 21, 2009; Act No. 11690, Mar. 23, 2013>
1. Lapse of the period prescribed by Ordinance of the Ministry of Trade, Industry and Energy;
2. Occurrence of damage;
3. Damage of the inspection-passing mark;
4. Change of the type of high-pressure gas to fill containers.
(3) The head of a Si/Gun/Gu shall scrap containers and specified equipment that has failed an inspection or re-inspection under paragraph (1) or (2), as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: Provided, That the specified equipment may be repaired, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy, to undergo an inspection or re-inspection under paragraph (1) or (2).<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(4) The head of a Si/Gun/Gu shall place a stamp or mark of necessary items on containers, etc., which pass an inspection under paragraph (1) or (2), as prescribed by Ordinance of the Ministry of Trade, Industry and Energy.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(5) No containers, etc., subject to inspection or re-inspection under paragraph (1) or (2) that fail to be inspected or re-inspected shall be transferred, rent, used (including an act of filling gases), or displayed for sale.<Amended by Act No. 13079, Jan. 28, 2015>
(6) When containers, etc. prescribed by Ordinance of the Ministry of Trade, Industry and Energy pass an inspection or re-inspection under paragraph (1) or (2), the head of a Si/Gun/Gu shall issue a certificate of passing inspection or re-inspection for such containers, etc.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(7) Any person who manufactures or imports containers, etc. which may be wholly exempted from inspections under the proviso to paragraph (1) shall notify the head of a Si/Gun/Gu of such fact, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(8) Standards and period for inspections and re-inspections under paragraphs (1) and (2), and other necessary matters shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
Article 18 (Quality Guarantee, etc., of Containers, etc.)
(1) Where deemed necessary to ensure safety of containers, the Minister of Trade, Industry and Energy may specify types of containers, and require the manufacturers of the specified containers (including a container manufacturer registered under Article 5-2) to sell containers after obtaining accreditation under Article 15 of the Industrial Standardization Act.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 9679, May 21, 2009; Act No. 11690, Mar. 23, 2013>
(2) When necessary for the safety control of containers, etc., the Minister of Trade, Industry and Energy or the head of a Si/Gun/Gu may collect any distributed container, etc. prescribed by Ordinance of the Ministry of Trade, Industry and Energy, and conduct an inspection thereof. Where findings from such inspection reveal any serious defect in the container, the Minister of Trade, Industry and Energy or the head of a Si/Gun/Gu may order the manufacturer or importer of such container, etc. (including the manufactures of foreign containers, etc.; hereafter the same shall apply to paragraph (3)) to recall, exchange, refund it and to publicly announce such fact (hereinafter referred to as "recall, etc.").<Amended by Act No. 8852, Feb. 29, 2008; Act No. 9679, May 21, 2009; Act No. 11690, Mar. 23, 2013>
(3) In any of the following cases, the Minister of Trade, Industry and Energy may omit collection and inspection under paragraph (2), and issue an order for recall, etc. to the manufacturer or importer of the relevant containers, etc.:<Newly Inserted by Act No. 9679, May 21, 2009; Act No. 11690, Mar. 23, 2013>
1. Where the Gas Accident Investigation Board advises or recommends that measures, such as a recall, etc. of containers, etc. are necessary to prevent recurrence of similar accidents under Article 26-2 (2);
2. Where any apparent and serious defects are found in any distributed container, etc. which may cause hazards to public safety, and urgent measures, such as a recall, etc. of the container is required accordingly.
(4) The methods of collection of containers, etc., and procedures and methods for recall, etc. under paragraph (2) or (3) shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 9679, May 21, 2009; Act No. 11690, Mar. 23, 2013>
Article 18-2 (Quality Maintenance of High-Pressure Gases)
(1) If necessary to secure appropriate quality of high-pressure gases, the Minister of Trade, Industry and Energy may formulate quality standards for the types of high-pressure gases prescribed by Presidential Decree, such as a gas used as a refrigerant.
(2) The Minister of Trade, Industry and Energy shall publicly notify the quality standards for high-pressure gases formulated under paragraph (1).
(3) Every high-pressure gas producer, high-pressure gas seller, and high-pressure gas importer shall maintain the quality of high-pressure gases in compliance with the quality standards formulated under paragraph (1), and shall not sell or deliver any high-pressure gases, or store, transport or keep them for sale or delivery, knowing that such high-pressure gases fail to meet such quality standards.
Article 18-3 (Quality Inspections of High-Pressure Gases)
(1) Where any high-pressure gas producer or high-pressure gas importer intends to sell or deliver high-pressure gases, he/she shall undergo quality inspections conducted by a quality inspection institution for high-pressure gases determined by Presidential Decree in order to ascertain whether such gases comply with the quality standards formulated under Article 18-2 (1).
(2) If necessary to maintain the quality of high-pressure gases, the quality standards for which have been publicly notified pursuant to Article 18-2 (2), the Minister of Trade, Industry and Energy or the head of a Si/Gun/Gu may conduct quality inspections of high-pressure gases sold or delivered, or stored, transported or kept for sale or delivery by any high-pressure gas producer, high-pressure gas seller, or high-pressure gas importer.
(3) Where a quality inspection conducted under paragraph (2) reveals that the quality of relevant high-pressure gases fails to meet the quality standards formulated under Article 18-2 (1), the Minister of Trade, Industry and Energy may publicly announce such violation, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
(4) The Minister of Trade, Industry and Energy may fully or partially subsidize expenses incurred in relation to quality inspections conducted by the head of a Si/Gun/Gu pursuant to paragraph (2). In such cases, the method of subsidizing the expenses incurred in relation to quality inspections, and other relevant matters, shall be determined and publicly notified by the Minister of Trade, Industry and Energy.
(5) Methods of, and procedures for conducting quality inspections under paragraphs (1) and (2), and procedures for public announcement under paragraph (3), and other necessary matters, shall be determined by Ordinance of the Ministry of Trade, Industry and Energy.
Article 19 Deleted.<by Act No. 5828, Feb. 8, 1999>
Article 20 (Usage Report, etc.)
(1) Among the persons who intend to use hydrogen, oxygen, liquefied ammonia, acetylene, liquefied chlorine, natural gas, compressed monosilane, compressed diborane, liquefied algin and other high-pressure gases prescribed by Presidential Decree (hereinafter referred to as "specified high-pressure gas"), persons prescribed by Ordinance of the Ministry of Trade, Industry and Energy, such as persons having a storage capacity in excess of a specific capacity, shall file a report in advance with the head of a Si/Gun/Gu prior to using any specified high-pressure gas: Provided, That any of the following persons shall be deemed to have filed a report on the use of specified high-pressure gas, if any matter concerning the use of specified high-pressure gas is included in the terms and conditions of permission granted or the details of registration:<Amended by Act No. 8852, Feb. 29, 2008; Act No. 9679, May 21, 2009; Act No. 11690, Mar. 23, 2013>
1. A person who has obtained permission to produce high-pressure gas under Article 4 (1) or a high-pressure gas stockpiler;
2. A person who has completed registration to manufacture containers, etc. under Article 5;
3. A person who has completed registration of his/her motor vehicle under Article 5 of the Motor Vehicle Management Act.
(2) In receipt of a report filed under the main sentence of paragraph (1), the head of a Si/Gun/Gu shall notify the chief of the competent fire station of the details of the report within seven days.
(3) Each specified high-pressure gas user shall have facilities for using specified high-pressure gas in conformity with facility standards and technical standards prescribed by Ordinance of the Ministry of Trade, Industry and Energy.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 9679, May 21, 2009; Act No. 11690, Mar. 23, 2013>
(4) When a person who files a report under paragraph (1) or who is deemed to have filed a report (hereinafter referred to as "reported user of specified high-pressure gas") completes works to build or change facilities for using specified high-pressure gas, he/she shall undergo a completion inspection by the government office which has received the report prior to the use of the facilities, and shall undergo regular inspections by the government office which receives reports.
(5) Standards and periods for completion inspections and regular inspections under paragraph (4) and other necessary matters shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(6) When the head of a Si/Gun/Gu, or the chief of the police station or the fire station deems that a specified high-pressure gas user is at the risk of causing a hazard in violation of this Act or an order issued under this Act, he/she may temporarily suspend the use of the specified high-pressure gas, seal or temporarily impound the facilities for using the specified high-pressure gas.<Amended by Act No. 9679, May 21, 2009>
Article 21 (Import Declarations)
Any person who intends to import high-pressure gas shall file an import declaration on the items and quantity to be imported, etc. with the head of a Si/Gun/Gu in advance or within 30 days after the importation thereof, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: Provided, That the foregoing shall not apply where the quantity to be imported does not exceed a specified quantity, or the import status is identified by any other statutes, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11140, Dec. 31, 2011; Act No. 11690, Mar. 23, 2013>
Article 22 (Transportation, etc.)
(1) The transfer, acquisition, transportation or hand-carrying of high pressure gas shall comply with the standards prescribed by Ordinance of the Ministry of Trade, Industry and Energy.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) The permitting authorities or the chief of a police station may prohibit or restrict the transfer, acquisition, transportation or hand-carrying of high-pressure gas not in compliance with the standards under paragraph (1), or temporarily impound the high-pressure gas.
Article 22-2 (Detailed Standards)
(1) The Gas Technical Standards Committee referred to in Article 33-2 may formulate standards which set forth detailed specifications, specific measurements, specific testing methods, etc. which satisfy the standards within the scope of the following standards (hereinafter referred to as "detailed standards"):<Amended by Act No. 13079, Jan. 28, 2015>
1. Facility standards and technical standards necessary for manufacturing, storing, and selling high-pressure gases under Article 4 (4);
2. Facility standards and technical standards necessary for manufacturing containers, etc. under Article 5 (2);
3. Facility standards and technical standards necessary for manufacturing containers, etc. under Article 5-2 (3);
4. Facility standards and technical standards necessary for running importation businesses under Article 5-3 (2);
5. Facility standards and technical standards necessary for high-pressure gas transportation vehicles under Article 5-4 (2);
6. Standards for safety evaluations under Article 13-2 (5);
7. Standards for interim inspections, supervision, and completion inspections under Article 16 (6);
8. Standards for regular inspections and occasional inspections under Article 16-2 (2);
9. Standards for close safety examinations under Article 16-3 (2);
10. Standards for inspections and re-inspections under Article 17 (8);
11. Facility standards and technical standards for facilities for using specified high-pressure gas under Article 20 (3);
12. Standards for completion inspections and regular inspections under Article 20 (5);
13. Standards for transfer, acquisition, transportation, or hand-carrying under Article 22 (1);
14. Standards for prevention of damage to high-pressure gas pipelines under Article 23-5.
(2) Detailed standards shall be approved by the Minister of Trade, Industry and Energy, as prescribed by Presidential Decree, following deliberation and resolution by the Gas Technical Standards Committee referred to in paragraph (1).<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) Where the Gas Technical Standards Committee referred to in paragraph (1) obtains approval under paragraph (2), it shall, without delay, announce the detailed standards so approved to the general public via the website, etc., and the Minister of Trade, Industry and Energy shall publicly announce such approval in the Official Gazette.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(4) Where the detailed standards are satisfied, the standards corresponding to such detailed standards among the standards referred to in the subparagraphs of paragraph (1) shall be deemed satisfied.
(5) Except as otherwise expressly provided for in paragraphs (1) through (4), procedures for the formulation and revision of detailed standards, and other relevant matters, shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.<Newly Inserted by Act No. 10248, Apr. 12, 2010; Act No. 11690, Mar. 23, 2013>
Article 23 (Safety Education)
(1) Each business operator, etc., reported user of specified high-pressure gas, person entrusted with management, and person performing duties related to safety control for any inspection agency designated under Article 35 shall undergo education provided by the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply).<Amended by Act No. 9679, May 21, 2009; Act No. 12283, Jan. 21, 2014>
(2) Each business operator, etc., reported user of specified high-pressure gas, person entrusted with management, and inspection agency designated under Article 35 shall have their employees required to undergo the safety education under paragraph (1) undergo such education.
(3) The scope of trainees, periods and curricula of safety education under paragraph (1) and other matters necessary for providing such education shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
Article 23-2 (Information Support on High-Pressure Gas Pipelines)
The Excavation Work Information Support Center referred to in Article 30-2 of the Urban Gas Business Act (hereinafter referred to as "Information Support Center") shall establish and operate an information network to support excavation works necessary for providing information, publicity, etc., and perform other duties of providing information on the verification of pipelines laid underground to prevent damage to high-pressure gas pipelines that may occur due to drilling, piling, excavating sites, or other excavation of ground (hereinafter referred to as "excavation works").
Article 23-3 (Verification of Status of Underground High-Pressure Gas Pipelines)
(1) Any person who intends to perform excavation works shall request the Information Support Center to verify whether high-pressure gas pipelines are laid under relevant land before commencing such excavation works, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: Provided, That the foregoing shall not apply to excavation works prescribed by Presidential Decree and acknowledged as having no risk of causing damage to high-pressure gas pipelines.
(2) Upon receipt of a request made under paragraph (1), the Information Support Center shall notify such fact to a person who owns underground high-pressure gas pipelines outside of the boundary of the place of business (hereinafter referred to as "business operator who owns pipelines outside the place of business") among business operators, etc., as prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
(3) Upon receipt of notification under paragraph (2), the relevant business operator who owns pipelines outside the place of business shall verify whether high-pressure gas pipelines are laid under relevant land, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
(4) Where verification under paragraph (3) reveals that high-pressure gas pipelines are laid underground, the relevant excavation worker and business operator who owns pipelines outside the place of business shall take the following measures, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy, before commencing excavation works:
1. Indicating the location of the excavation work site and the location of underground high-pressure gas pipelines;
2. Notifying the Information Support Center of the indication under subparagraph 1;
3. Measures prescribed by Ordinance of the Ministry of Trade, Industry and Energy to prevent any accident caused by excavation works, such as installing facilities necessary for protecting high-pressure gas pipelines, and providing drawings indicating the location, etc. of underground high-pressure gas pipelines.
(5) Where the Information Support Center receives confirmation that no underground pipelines have been found through verification under paragraph (3) or receives notification under paragraph (4) 2, it shall give notice to the relevant excavation worker that he/she may commence excavation works, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
(6) No excavation workers shall perform excavation works before receiving notice of the commencement of excavation works under paragraph (5) from the Information Support Center.
Article 23-4 (Consultation on Excavation Works)
(1) Any person who intends to perform excavation works prescribed by Ordinance of the Ministry of Trade, Industry and Energy which have a high risk of causing damage to high-pressure gas pipelines in an area where underground high-pressure gas pipelines have been installed by a business operator who owns pipelines outside the place of business shall consult with such business operator on methods of taking safety measures to protect the high-pressure gas pipelines and other matters, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy, and the business operator who owns pipelines outside the place of business in receipt of a request for consultation shall comply therewith except in extenuating circumstances.
(2) Once a business operator who owns pipelines outside the place of business and a person who intends to perform excavation works have consulted with each other pursuant to paragraph (1), they shall prepare a written agreement, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy, and comply with the terms and conditions of the written agreement.
Article 23-5 (Compliance with Standards for Prevention of Damage to High-Pressure Gas Pipelines)
Any person who intends to perform excavation works in an area where underground high-pressure gas pipelines have been installed by a business operator who owns pipelines outside the place of business shall perform the excavation works in compliance with the standards for prevention of damage to high-pressure gas pipelines prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
Article 23-6 (Safety Measures, etc. for High-Pressure Gas Pipelines)
(1) Where any excavation works are performed in an area where pipelines are laid underground outside the boundary of the place of business, a relevant business operator who owns pipelines outside the place of business shall endeavor to take safety measures prescribed by Ordinance of the Ministry of Trade, Industry and Energy for high-pressure gas pipelines.
(2) Every business operator who owns pipelines outside the place of business shall prepare and keep drawings of high-pressure gas pipelines which include the locations of the high-pressure gas pipelines laid and other matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy.
Article 24 (Measures by Permitting Authorities, etc.)
(1) The permitting authorities, report-receiving authorities, registration authorities, or the authorities receiving usage report may order a person who has obtained permission or registration, or made a report under this Act or a person who uses high-pressure gas to take measures necessary for the prevention of danger and injury, as prescribed by Presidential Decree.
(2) Where any danger and injury occurs or is likely to occur due to facilities or containers, etc. used for manufacture, storage, sale or use of high-pressure gas (hereafter referred to as "facilities, etc." in this paragraph), the permitting authorities, report-receiving authorities, or the authorities receiving usage report may issue orders for transfer of the facilities, etc., suspension or restriction of use of the facilities, etc., or issue orders for disposal of the high-pressure gas in the facilities, etc., and may seal the facilities, etc.
(3) Where orders or measures under paragraph (2) are issued or taken to maintain public safety without any reason attributable to a business operator, the permitting authorities, report-receiving authorities, or the authorities receiving usage report shall pay due compensation for loss incurred to the relevant business operator, as prescribed by Presidential Decree: Provided, That the same shall not apply in cases of natural disasters, wars, force majeure or other similar cases.
Article 25 (Purchase of Insurance Policies)
(1) Each business operator, etc., reported user of specified high-pressure gas, or person who imports containers, etc. shall be insured to compensate for any damage inflicted to lives, bodies or property of any third person by a high-pressure gas accident.<Amended by Act No. 10705, May 24, 2011>
(2) The types of insurance, persons eligible for purchasing insurance policies and procedures therefor under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.
(3) The Minister of Trade, Industry and Energy may, in consultation with the Financial Services Commission, require insurance companies to use some of their profits from insurance under paragraph (1) for supporting persons engaging in the prevention of high-pressure gas accidents every three years within three months from the end of the third business year, and matters necessary therefor shall be prescribed by Presidential Decree.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
Article 26 (Notification, etc. of Accidents)
(1) Where any of the following accidents occurs in relation to any facility or product of a business operator, etc. or reported user of specified high-pressure gas, the business operator, etc. or reported user of specified high-pressure gas shall immediately notify the Korea Gas Safety Corporation under Article 28 of the accident, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy, and the Korea Gas Safety Corporation so notified shall report the accident to the head of the relevant Si/Gun/Gu:<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. Any accident involving death of a person;
2. Any accident involving personal injury or poisoning;
3. Any explosion or fire accident due to gas leakage;
4. Any accident involving evacuation of people or suspension of supply due to damage to gas facilities or gas leakage;
5. Other accidents prescribed by Ordinance of the Ministry of Trade, Industry and Energy involving damage to gas facilities or gas leakage.
(2) Where deemed necessary to prevent recurrence of the same accident and other gas accidents, the Korea Gas Safety Corporation that is notified of an accident under paragraph (1) may investigate the cause and circumstances of the accident.
Article 26-2 (Gas Accident Investigation Board)
(1) Where deemed necessary to investigate a serious gas accident, the Minister of Trade, Industry and Energy may establish and operate the Gas Accident Investigation Board.<Amended by Act No. 11690, Mar. 23, 2013>
(2) Where the Gas Accident Investigation Board completes an investigation into a serious gas accident, the Board may advise or recommend measures to prevent recurrence of the same accident to the Minister of Trade, Industry and Energy, the permitting authorities, report-receiving authorities, registration authorities, or the authorities receiving usage report.<Amended by Act No. 11690, Mar. 23, 2013>
(3) The Minister of Trade, Industry and Energy, the permitting authorities, report-receiving authorities, registration authorities, or the authorities receiving usage report shall follow the advice or recommendation of the Gas Accident Investigation Board under paragraph (2) unless there exists any other special reason.<Amended by Act No. 11690, Mar. 23, 2013>
(4) Matters necessary for the composition and operation of the Gas Accident Investigation Board and other matters shall be prescribed by Presidential Decree.
Article 26-3 (Guidance and Supervision)
The Minister of Trade, Industry and Energy shall guide and supervise the Mayors/Do Governors or the heads of Sis/Guns/Gus, as prescribed by Presidential Decree, and require them file reports, where necessary, with respect to safety control affairs, including various inspections of gas facilities, containers, etc., for the public safety or prevention of hazards related to the supply and use of gas.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 9679, May 21, 2009; Act No. 11690, Mar. 23, 2013>
Article 27 Deleted.<by Act No. 5828, Feb. 8, 1999>
Article 28 (Establishment of Korea Gas Safety Corporation)
(1) The Korea Gas Safety Corporation (hereinafter referred to as the "Corporation") shall be established to prevent hazards caused by high pressure gas, and to promote the development of gas safety technology and gas safety control in an efficient and systematic manner.
(2) The Corporation shall perform the following affairs concerning gas safety:<Amended by Act No. 8852, Feb. 29, 2008; Act No. 9679, May 21, 2009; Act No. 11690, Mar. 23, 2013; Act No. 12283, Jan. 21, 2014>
1. Professional education and public relations;
2. Surveys and research;
3. Development and distribution of technology and machinery and appliances;
4. Collection and provision of information;
5. Compilation and provision of statistics;
6. Self-inspections, and guidance and verification of inspections by other inspection agencies;
7. Provision of services;
8. Inspections, education, construction supervision, examinations and evaluations, etc., entrusted by administrative offices;
9. International technical cooperation projects;
10. Free installation of machinery and appliances and improvement of facilities;
11. Pilot projects;
12. Establishment and operation of the secretariat of the Gas Technical Standards Committee under Article 33-2;
13. Toxic gas neutralization treatment and residual gas treatment projects;
14. Other affairs deemed necessary by the Minister of Trade, Industry and Energy.
(3) The Corporation shall be a legal person.
(4) The Corporation shall be duly formed when the registration for incorporation is completed at the registry office having jurisdiction over its principal place of business office.
(5) The Corporation may establish branch offices, training centers, a place of business or affiliated organizations with approval of the Minister of Trade, Industry and Energy.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(6) The Corporation shall establish a Gas Safety Technology Deliberation Committee to deliberate on matters pertaining to gas safety technology.
(7) Matters necessary pertaining to the Gas Safety Technology Deliberation Committee shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(8) The Corporation may require beneficiaries from its affairs to bear expenses incurred in relation to such affairs with approval of the Minister of Trade, Industry and Energy.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
Article 28-2 (Prohibition of Use of Similar Title)
No person, other than the Corporation under this Act, shall use the title of the Korea Gas Safety Corporation or any similar title.
Article 29 (Operation, etc. of Corporation)
(1) The Corporation shall be operated with inspection fees and other revenues.
(2) The Government or persons other than the Government prescribed by Ordinance of the Ministry of Trade, Industry and Energy may make contributions to the Corporation, which are used for operating the Corporation and performing its affairs.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
Article 30 (Executive Officers)
(1) The Corporation shall have nine or less directors, including one president, and one auditor.<Amended by Act No. 9679, May 21, 2009>
(2) The president shall represent the Corporation and exercise overall control over its affairs.<Amended by Act No. 9679, May 21, 2009>
(3) The directors shall assign tasks, as prescribed by the articles of incorporation.<Amended by Act No. 9679, May 21, 2009>
Article 30-2 Deleted.<by Act No. 9679, May 21, 2009>
Article 31 (Supervision)
The Minister of Trade, Industry and Energy shall provide guidance and supervision on the following affairs, among the affairs of the Corporation:<Amended by Act No. 11690, Mar. 23, 2013>
1. Proper performance of affairs under Article 28 (2);
2. Affairs entrusted to the Corporation by the Minister of Trade, Industry and Energy;
3. Other matters prescribed by other statutes.
Article 32 (Description, etc. of Articles of Incorporation)
The description of the articles of incorporation, the projects and other matters necessary for operation of the Corporation shall be prescribed by Presidential Decree.
Article 33 (Application Mutatis Mutandis of the Civil Act)
The provisions of the Civil Act concerning the incorporated foundation shall apply mutatis mutandis to the Corporation, except as otherwise expressly prescribed by this Act and the Act on the Management of Public Institutions.<Amended by Act No. 9679, May 21, 2009>
Article 33-2 (Gas Technical Standards Committee)
(1) The Gas Technical Standards Committee shall be established to establish, revise and implement detailed standards under Article 22-2 (1).
(2) The Gas Technical Standards Committee shall deliberate and pass a resolution on the following:<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. Matters concerning establishment, revision and repeal of detailed standards;
2. Matters concerning application and implementation of detailed standards;
3. Matters concerning adoption of foreign standards and new technologies related to gas technology;
4. Matters concerning establishment, revision and repeal of regulations of the Gas Technical Standards Committee;
5. Other matters requested by the Minister of Trade, Industry and Energy with respect to detailed standards.
(3) The Gas Technical Standards Committee shall be comprised of 20 members or less, including one chairperson and one vice-chairperson.
(4) The chairperson and vice chairperson of the Gas Technical Standards Committee shall be elected from among its members, and members of the Gas Technical Standards Committee shall be commissioned by the Minister of Trade, Industry and Energy, as prescribed by Presidential Decree, from among those with abundant expertise and experience in machinery, chemical engineering, metal, safety control, civil engineering, architecture, electricity, electronics or gas technical standards. Detailed matters concerning appointment criteria shall be prescribed by Presidential Decree.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(5) The term of office of members of the Gas Technical Standards Committee shall be three years, and renewable.
(6) Where necessary to effectively perform duties of the Gas Technical Standards Committee, a sub-committee may be established.
(7) In order to support duties of the Gas Technical Standards Committee, a secretariat shall be established, and organization and operation of the secretariat and other necessary matters shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(8) The composition and operation of the Gas Technical Standards Committee and other necessary matters shall be prescribed by the regulations of the Gas Technical Standards Committee.
Article 34 (Fees, etc.)
(1) Any of the following persons shall pay service fees, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy:<Amended by Act No. 8852, Feb. 29, 2008; Act No. 9679, May 21, 2009; Act No. 11690, Mar. 23, 2013>
1. Any person who intends to obtain permission to manufacture, store or sell high-pressure gas or permission for modification under Article 4 (1) and (3);
2. Any person who intends to complete registration, registration of modification or re-registration to manufacture containers, etc., under Articles 5 (1) and 5-2 (1) and (2);
3. Any person who intends to complete registration or registration of modification for a high-pressure gas import business under Article 5-3 (1);
4. Any person who intends to complete registration or registration of modification for a high-pressure gas transporter under Article 5-4 (1);
5. Any person who intends to obtain designation, designation of modification or re-designation as an inspection agency under Article 35 (1) through (3).
(2) Any of the following persons shall pay service charges or education tuition, as prescribed by the Minister of Trade, Industry and Energy:<Amended by Act No. 8852, Feb. 29, 2008; Act No. 9679, May 21, 2009; Act No. 11690, Mar. 23, 2013; Act No. 13079, Jan. 28, 2015>
1. Any person who intends to seek the opinions of the Corporation on his/her safety control regulations under Article 11 (1) or safety improvement plans under Article 13-2 (1);
2. Any person who intends to undergo an interim inspection, supervision or completion inspection in relation to works to build or change facilities for the manufacture, storage, sale or importation of high-pressure gas under Article 16 (1) through (3);
3. Any person who intends to undergo a regular inspection of facilities for the manufacture, storage, sale or import of high-pressure gas under Article 16-2 (1);
4. Any person who intends to undergo a close safety examination under Article 16-3 (1);
5. Any person who intends to undergo an inspection or re-inspection of containers, etc., under Article 17 (1) or (2);
5-2. Any person who intends to undergo a quality inspection of high-pressure gases under Article 18-3 (1);
6. Any person who intends to file an import declaration of high-pressure gas, under Article 21;
7. Any person who intends to undergo a completion inspection or regular inspection of facilities for using specified high-pressure gas under Article 20 (4);
8. Any person who intends to receive education under Article 23 (1);
9. Any person who intends to undergo verification under Article 35 (5).
(3) Expenses incurred by the Information Support Center to perform the business affairs related to verification of the status of underground high-pressure gas pipelines under Article 23-3 shall be borne by a business operator possessing pipelines outside of the relevant place of business, as determined and publicly notified by the Minster of Trade, Industry and Energy.<Newly Inserted by Act No. 13079, Jan. 28, 2015>
Article 34-2 (Safety Control Charges)
(1) The Minister of Trade, Industry and Energy may levy and collect safety control charges (hereinafter referred to as "charges") from any of the following persons for the purpose of gas safety control and improvement of the gas distribution structure:<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. A petroleum refiner under the Petroleum and Petroleum Substitute Fuel Business Act or any person, other than a petroleum refiner, who produces and sells (excluding sales by export) liquefied petroleum gas;
2. Any person who imports liquefied petroleum gas pursuant to the Petroleum and Petroleum Substitute Fuel Business Act and the Safety Control and Business of Liquefied Petroleum Gas Act, or liquefied natural gas pursuant to the Petroleum and Petroleum Substitute Fuel Business Act and the Urban Gas Business Act.
(2) The amount of charges to be collected under paragraph (1) shall be publicly announced by the Minister of Trade, Industry and Energy in consultation with the Minister of Strategy and Finance within the following limits:<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. Liquefied petroleum gas: 5 won per kilogram;
2. Liquefied natural gas: 4.4 won per cubic meter.
(3) Entities from which charges under paragraph (1) are to be collected, methods of collection, and payment due dates of charges and other matters necessary for levying and collecting charges shall be prescribed by Presidential Decree.
(4) Where any person liable to pay charges under paragraph (1) fails to pay the charges by the payment due date, the Minister of Trade, Industry and Energy shall collect surcharges prescribed by Presidential Decree, for the period from the day following the payment due date to the day prior to the date on which the charges are paid.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(5) Where any person liable to pay charges under paragraph (1) fails to pay the charges by the payment due date, the Minister of Trade, Industry and Energy may demand such person to pay the charges within a given period, and if the person fails to pay the charges and surcharges under paragraph (4) within the given period, he/she may collect them in the same manner as delinquent national taxes are collected.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(6) Charges and surcharges collected pursuant to paragraphs (1) and (4) shall devolve on the special accounts for energy and resources-related projects under the Act on the Special Accounts for Energy and Resources-related Projects (hereinafter referred to as "special accounts").<Amended by Act No. 12154, Jan. 1, 2014>
Article 34-3 (Entrustment of Collection of Charges and Surcharges)
(1) The Minister of Trade, Industry and Energy may entrust the collection of charges and surcharges pursuant to Article 34-2 to agencies prescribed by Presidential Decree.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(2) When the Minister of Trade, Industry and Energy entrusts the collection of charges and surcharges pursuant to paragraph (1), he/she may appoint accounting personnel from among the executive officers and employees of the entrusted agency to perform the affairs so entrusted.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) The provisions concerning accounting personnel under Act on Liability of Accounting Personnel, Etc. shall apply mutatis mutandis to accounting personnel appointed under paragraph (2).
(4) When the Minister of Trade, Industry and Energy entrusts the collection of charges and surcharges pursuant to paragraph (1), he/she may pay a fee to perform such affairs or necessary expenses from the special account, as prescribed by the Minister of Trade, Industry and Energy.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
Article 35 (Designation of Inspection Agencies)
(1) Each Mayor/Do Governor may designate an inspection agency to perform some of the inspections and safety control affairs under this Act in a professional and efficient manner, as prescribed by Presidential Decree.
(2) Each inspection agency designated under paragraph (1) shall obtain designation of modification when it intends to modify any important matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy, such as a modification of the scope of inspection among the matters so designated.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
(3) Each Mayor/Do Governor shall designate an inspection agency under paragraph (1) upon setting the period of validity prescribed by Ordinance of the Ministry of Trade, Industry and Energy; where an inspection agency applies for re-designation prior to the expiry of the period of validity, he/she shall grant re-designation unless such inspection agency fails to meet standards for re-designation under paragraph (4).<Newly Inserted by Act No. 9679, May 21, 2009; Act No. 11690, Mar. 23, 2013>
(4) Standards and methods for designation or re-designation of inspection agencies under paragraph (1) or (3) and other necessary matters shall be prescribed by Presidential Decree.<Amended by Act No. 9679, May 21, 2009>
(5) Each Mayor/Do Governor may verify whether an inspection agency performs inspections in compliance with the standards under paragraph (4), and may provide guidance for and conduct supervision of the inspection agency.<Amended by Act No. 9679, May 21, 2009>
Article 35-2 (Revocation of Designations)
(1) When an inspection agency designated under Article 35 (1) falls under any of the following, the relevant Mayor/Do Governor may revoke the designation thereof, or may issue an order to suspend or restrict the business of the inspection agency within a given period not exceeding six months: Provided, That where the inspection agency falls under subparagraph 1, its designation shall be revoked:<Amended by Act No. 9679, May 21, 2009>
1. When the inspection agency has obtained designation by fraud or other improper means;
2. When the inspection agency has modified the designated matters without obtaining modification of designation;
3. When the inspection agency has failed to satisfy designation standards under Article 35 (4);
4. When the inspection agency has been deemed inappropriate as an inspection agency due to improper inspections or other reasons.
(2) Standards for taking a disposition against each violation referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy, taking into account the circumstances and gravity of such violation.<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
Article 35-3 (Hearings)
Where a permission-granting authority or registration authority intends to take any of the following dispositions, it shall hold a hearing:
1. Revocation of permission or registration under Article 9;
2. Revocation of designation of an inspection agency under Article 35-2.
Article 36 (Entrustment of Affairs)
(1) The Minister of Trade, Industry and Energy, a Mayor/Do Governor and the head of a Si/Gun/Gu may entrust any of the following affairs to the Corporation, as prescribed by Presidential Decree: Provided, That the entrustment of affairs under subparagraph 9 shall be limited only where a serious hazard has occurred or where deemed urgent and inevitable due to an imminent hazard:<Amended by Act No. 8852, Feb. 29, 2008; Act No. 9679, May 21, 2009; Act No. 11690, Mar. 23, 2013>
1. Verification and evaluation as to whether the safety control regulations under Article 11 (6) are observed;
2. Interim inspections, supervision and completion inspections under Article 16 (1) through (3);
3. Regular and occasional inspections under Article 16-2 (1);
4. Inspections and re-inspections under Article 17 (1) and (2);
5. Collection and inspection of containers in circulation under Article 18 (2);
6. Completion inspections and regular inspections of reported facilities for using specified high-pressure gas under Article 20 (4);
7. Receipt of high-pressure gas import declarations under Article 21;
8. Implementation of safety education under Article 23 (1);
9. Orders to suspend or restrict the use of facilities, etc. under Article 24 (2);
10. Verification and guidance and supervision of inspection affairs by inspection agencies under Article 35 (5).
(2) The following affairs in the authority of the head of a Si/Gun/Gu under this Act may be entrusted to the Corporation or an inspection agency designated under Article 35 (1), as prescribed by Presidential Decree:<Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013>
1. Among regular inspections under Article 16-2 (1), regular inspections of the refrigerated manufacturing facilities for freezing or heating structures using gas, other than inflammable or toxic gases, as refrigerant;
2. Among inspections of containers, etc. under Article 17 (1), inspections of refrigerators and specified equipment prescribed by Ordinance of the Ministry of Trade, Industry and Energy;
3. Re-inspections of containers under Article 17 (2) and specified equipment prescribed by Ordinance of the Ministry of Trade, Industry and Energy;
4. Regular inspections of reported facilities for using specified high-pressure gas under Article 20 (4).
Article 36-2 (Requests, etc. for Disposition)
(1) In the course of exercising entrusted authority provided for in Article 36, where the Corporation discovers any violation of this Act or any order issued under this Act, it may notify the Mayor/Do Governor or the head of a Si/Gun/Gu of such fact, or may request the Mayor/Do Governor or the head of a Si/Gun/Gu to take necessary measures against the person who has committed the offence.<Amended by Act No. 9679, May 21, 2009>
(2) When the Mayor/Do Governor or the head of a Si/Gun/Gu receives a request referred to in paragraph (1), he/she shall take necessary measures, unless there is any justifiable reason to the contrary.<Amended by Act No. 9679, May 21, 2009>
Article 37 (Relationship to Other Acts)
(1) This Act shall not apply to matters prescribed by the Safety Control and Business of Liquefied Petroleum Gas Act and the Urban Gas Business Act.
(2) Article 10 (except for matters pertaining to sales business of petroleum by-products) of the Petroleum and Petroleum Substitute Fuel Business Act shall not apply where a high-pressure gas producer and a high-pressure gas seller sell high-pressure gas.
Article 37-2 (Legal Fiction as Public Officials in Application of Penalty Provisions)
The executive officers and employees of the Corporation or an inspection agency engaging in the entrusted affairs pursuant to Article 36 shall be deemed public officials in the application of Articles 129 through 132 of the Criminal Act.
Article 38 (Penalty Provisions)
(1) Any person who causes any damage to high-pressure gas facilities or any person who remodels containers or specified equipment shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won.
(2) Any person who causes any damage to high-pressure gas facilities by negligence or gross negligence in carrying out his/her duties shall be punished by imprisonment without labor for not more than two years or by a fine not exceeding 20 million won.
(3) Any person who causes personal injury by gas leakage or explosion due to commission of an offense under paragraph (2) shall be punished by imprisonment without labor for not more than ten years or by a fine not exceeding 100 million won. Any person who causes the death of a person shall be punished by imprisonment without labor for not more than ten years or by a fine not exceeding 150 million won.<Amended by Act No. 9679, May 21, 2009>
(4) A person who attempts to commit the crime under paragraph (1) shall be punished.
Article 39 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than two years, or by a fine not exceeding 20 million won:<Amended by Act No. 10705, May 24, 2011; Act No. 13079, Jan. 28, 2015>
1. Any person who produces high-pressure gas without obtaining permission under the former part of Article 4 (1);
2. Any person who establishes a storage place or sells high-pressure gas without obtaining permission under the former part of Article 4 (3);
3. Any person who manufactures containers, etc. without completing registration under the former part of Article 5 (1);
4. Any person who run a high-pressure gas import business without completing registration under the former part of Article 5-3 (1);
5. Any person who transports high-pressure gas without completing registration under the former part of Article 5-4 (1);
6. Any person who performs excavation works without requesting verification of the status of underground high-pressure gas pipelines under Article 23-3 (1);
7. Any person who performs excavation works without consultation under Article 23-4 (1) or who fails to comply with a request for consultation without justifiable grounds;
8. Any person who fails to enter into a written agreement under Article 23-4 (2) or enters into a false written agreement;
9. Any business operator who owns pipelines outside the place of business or implementer of excavation works who fails to comply with the terms and conditions of the relevant written agreement, in violation of Article 23-4 (2);
10. Any person who performs excavation works without complying with the standards formulated under Article 23-5;
11. Any business operator who owns pipelines outside the place of business who fails to prepare and keep or prepares and keeps false drawings of high-pressure gas pipelines under Article 23-6 (2);
12. Any person who conducts an inspection without being designated as an inspection agency under Article 35 (1);
13. Any person who conducts an inspection without being entrusted with inspection affairs under Article 36 (2).
Article 40 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than one year, or by a fine not exceeding ten million won:<Amended by Act No. 9679, May 21, 2009; Act No. 13079, Jan. 28, 2015>
1. Any person who modifies any permitted matter without obtaining permission for modification referred to in the latter part of Article 4 (1) or the latter part of paragraph (3) of the same Article (excluding changing the title of business or the representative of a corporation);
2. Any person who modifies any registered matter without obtaining registration of modification under the latter part of Article 5 (1), the latter part of Article 5-3 (1), or the latter part of Article 5-4 (1) (excluding changing the title of business or the representative of a corporation);
3. Any person who fails to conduct a safety inspection under Article 10 (1) or a person who violates Article 13 (1);
4. Any person who fails to conduct a safety evaluation or fails to submit a safety improvement plan under Article 13-2 (1);
5. Any person who fails to execute a safety improvement plan under Article 13-2 (3);
6. Any person who fails to undergo an inspection or supervision under Article 16 (1) through (3) or 17 (1);
7. Any person who violates Article 17 (5);
8. Any person who sells or delivers high-pressure gases failing to meet any of the quality standards, or stores, transports or keeps such high-pressure gases for sale or delivery, in violation of Article 18-2 (3);
9. Any person who fails to undergo a quality inspection of high-pressure gases under Article 18-3 (1), or who refuses, interferes with, or evades a quality inspection under Article 18-3 (2);
10. Any business operator who owns pipelines outside the place of business who fails to verify the status of underground high-pressure gas pipelines under Article 23-3 (3);
11. Any excavation worker or business operator who owns pipelines outside the place of business who fails to take measures specified in the subparagraphs of Article 23-3 (4);
12. Any excavation worker who performs excavation works before receiving notice of the commencement of excavation works, in violation of Article 23-3 (6).
Article 41 (Penalty Provisions)
Any of the following persons shall be punished by a fine not exceeding five million won:
1. Any person who manufactures high-pressure gas without reporting as prescribed in the former part of Article 4 (2);
2. Any person who fails to select and appoint a safety control manager as prescribed in Article 15 (1) through (3).
Article 42 (Penalty Provisions)
Any of the following persons shall be punished by a fine not exceeding three million won:<Amended by Act No. 9679, May 21, 2009; Act No. 12283, Jan. 21, 2014>
1. Any person who violates Article 5 (3), (4) or (5);
2. Any person who fails to report under Article 7 or 21;
3. Any person who violates Article 13 (2) or 22 (1);
4. Any person who fails to undergo a regular or occasional inspection under Article 16-2 (1);
5. Any person who fails to undergo a close safety examination under Article 16-3 (1);
6. Any person who fails to comply with an order for recall, etc. issued under Article 18 (2) or (3);
7. Any person who fails to file a report under Article 20 (1) or files a false report.
Article 42-2 (Joint Penalty Provisions)
Where the representative of a corporation, or an agent, employee of or other persons employed by the corporation or an individual commits an offence under Articles 38 through 42 in connection with the business of the corporation or individual, not only shall such offender be punished, but also the corporation or individual shall be punished by a fine under the relevant Article: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent the such offence.
Article 43 (Administrative Fines)
(1) Any of the following persons shall be punished by an administrative fine not exceeding 20 million won:<Amended by Act No. 8763, Dec. 21, 2007; Act No. 9679, May 21, 2009; Act No. 10705, May 24, 2011>
1. Any person who modifies a reported matter without reporting modification, in violation of the latter part of Article 4 (2) (excluding any change to the title of business or the representative of a corporation);
2. Any person who reports the manufacture of high-pressure gas (hereafter referred to as "reporter of the manufacture of high-pressure gas" in this Article) under Article 4 (2) without submitting the safety control regulations, in violation of Article 11 (1);
3. Any person who fails to comply with an order issued under Article 11 (4) or 13-2 (2);
4. Any reporter of the manufacture of high-pressure gas or reported user of specified high-pressure gas who fails to designate an agent to act for him/her, in violation of Article 15 (4);
5. Any person who uses facilities for manufacture, storage or sale of high-pressure gas, in violation of the latter part of Article 16 (4);
6. Any reporter of the manufacture of high-pressure gas, reported user of specified high-pressure gas or importer of containers, etc. who fails to purchase an insurance policy, in violation of Article 25 (1);
7. Any person who uses "Korea Gas Safety Corporation" or any other similar title in his/her name, in violation of Article 28-2.
(2) Any of the following persons shall be punished by an administrative fine not exceeding ten million won:<Amended by Act No. 5828, Feb. 8, 1999; Act No. 8452, May 17, 2007; Act No. 8763, Dec. 21, 2007; Act No. 10705, May 24, 2011; Act No. 12283, Jan. 21, 2014>
1. Any person who fails to observe the safety control regulations or prepares the false implementation records of the safety control regulations, in violation of Article 11 (5);
2. Any reporter of the manufacture of high-pressure gas who fails to prepare and keep the records of implementing the safety control regulations, in violation of Article 11 (5);
2-2. Any reporter of the manufacture of high-pressure gas who fails to instruct the improvement of facilities, in violation of Article 10 (2);
3. Any person who violates Article 10 (3), 13 (4) or 20 (3) or (4);
3-2. Any reporter of the manufacture of high-pressure gas who fails to prepare and preserve the records of filling and sale, in violation of Article 13 (5);
4. Any person who fails to comply with an order issued under Article 24;
5. Any person who fails to notify the Corporation of the occurrence of an accident or make false notification thereof, in violation of Article 26 (1).
(3) Any of the following persons shall be punished by an administrative fine not exceeding five million won:<Amended by Act No. 8763, Dec. 21, 2007; Act No. 9679, May 21, 2009; Act No. 12283, Jan. 21, 2014>
1. Any person who changes the title of business or the representative of a corporation, among the permitted matters, without obtaining permission for modification, in violation of the latter part of Article 4 (1) or the latter part of paragraph (3) of the same Article;
2. Any person who changes the title of business or the representative of a corporation, among the permitted matters, without reporting such change, in violation of the latter part of Article 4 (2);
3. Any person who changes the title of business or the representative of a corporation, among the registered matters, without registering such change, in violation of the latter part of Article 5 (1), the latter part of Article 5-3 (1) or the latter part of Article 5-4 (1);
4. Any person who fails to comply with an order issued under Article 10 (4);
5. Any reporter of the manufacture of high-pressure gas who fails to comply with the requirements prescribed in Article 10 (5) with respect to the qualifications and number of safety inspectors, inspection equipment and inspection standards;
6. Any person who fails to place marks on a containers, etc., in violation of Article 11-2.
(4) Any of the following persons shall be punished by an administrative fine not exceeding three million won:<Amended by Act No. 8763, Dec. 21, 2007; Act No. 12283, Jan. 21, 2014>
1. Any person who fails to file a report pursuant to Article 8 (2) or files a false report;
2. Any reporter of the manufacture of high-pressure gas, reported user of specified high-pressure gas, person entrusted with management, or employee who fails to respect the safety control manager's opinions on safety or to follow his/her instructions, in violation of Article 15 (5);
3. Any person who violates Article 23 (1) or (2).
(5) Administrative fines prescribed in paragraphs (1) through (4) shall be imposed and collected by the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu, as prescribed by Presidential Decree.<Amended by Act No. 8763, Dec. 21, 2007; Act No. 9679, May 21, 2009>
(6) through (8) Deleted.<by Act No. 9679, May 21, 2009>
Article 44 through 46 Deleted.<by Act No. 5828, Feb. 8, 1999>
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1984.
Article 2 (Transitional Measures concerning Appliance Manufacturers)
A person who has obtained permission for the manufacture of appliances used for refrigeration equipment under the previous provisions before this Act enters into force shall be deemed to have obtained permission for manufacture of refrigerators or permission for the manufacture of specified equipment (limited to those for whom the scope of permission includes the manufacture of specified equipment) as provided for in Article 5.
Article 3 (Transitional Measures concerning Specified Equipment Manufacturers)
A person who was engaged in the manufacture of specified equipment (except persons with permission for the manufacture of appliances used as refrigeration equipment under the previous provisions) before the enforcement of this Act shall obtain permission under the provisions of Article 5 within six months from the date this Act enters into force.
Article 4 (Transitional Measures concerning Safety Control Regulations)
A person who shall submit safety control regulations as provided for in Article 11 (1) shall submit the same within three months from the date this Act enters into force.
Article 5 (Transitional Measures concerning Self-Inspection Marks)
A person who is required to make self-inspection marks as provided for in Article 12 (2) shall make such marks within three months from the enforcement date of this Act.
Article 6 (Transitional Measures concerning Regular Inspection)
A person who underwent security inspection under the previous provisions before this Act enters into force shall be deemed to have undergone the regular inspection as provided for in Article 16 (2).
Article 7 (Transitional Measures concerning Acetylene Users)
An acetylene user who is required to make a report as provided for in Article 20 shall make such report within three months from the date this Act enters into force.
Article 8 (Transitional Measures concerning Penalty Provisions)
The application of penalty provisions to the violations committed before this Act enters into force shall be governed by the previous provisions.
ADDENDA<Act No. 4541, Mar. 6, 1993>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA<Act No. 4625, Dec. 27, 1993>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures concerning Reporting) Where a high-pressure gas producer who obtained permission under the previous provisions before this Act enters into force becomes obligated to report under the amended provisions of Article 4 (2), he/she shall be deemed to have made such a report.
(3) (Transitional Measures concerning Amendment of Penalty Provisions) The application of penalty provisions to violations committed before this Act enters into force shall be governed by the previous provisions.
ADDENDA<Act No. 4966, Aug. 4, 1995>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2) (Transitional Measures concerning Safety Control Regulations) Among persons who have submitted the safety control regulations as provided for in Article 11 (1) before this Act enters into force, business operator, etc., under the amended provisions of Article 11 (2) shall change the safety control regulations in order to make them suit the amended provisions of Article 11 (2), and shall submit them to the permitting authorities within three months from the date this Act enters into force.
(3) (Transitional Measures concerning Penalty Provisions and Administrative Fines) The application of penalty provisions and administrative fines to the violations committed before this Act enters into force shall be governed by the previous provisions.
ADDENDA<Act No. 5184, Dec. 12, 1996>
(1) (Enforcement Date) This Act shall enter into force on January 1, 1997.
(2) Omitted.
ADDENDA<Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM<Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA<Act No. 5505, Jan. 13, 1998>
(1) (Enforcement Date) This Act shall enter into force on April 1, 1998. (Proviso Omitted.)
(2) (Transitional Measures concerning Disposition, etc.) Authorization or other actions granted or performed by administrative agencies, etc. or various reports or other actions made or submitted to administrative agencies, etc. pursuant to the previous provisions at the time this Act enters into force shall be deemed actions performed by or submitted to administrative agencies, etc. pursuant to the provisions of this Act.
(3) through (5) Omitted.
ADDENDA<Act No. 5828, Feb. 8, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1999.
Article 2 (Transitional Measures concerning Disqualifications for Business Operators, etc.)
Where any business operator, etc. who has obtained permission pursuant to the former provisions at the time this Act enters into force falls under any disqualification anew pursuant to amendments to subparagraph 3 or 4 of Article 6 due to any cause occurred before this Act enters into force, he/she shall be governed by the former provisions for two years from the date this Act enters into force.
Article 3 (Transitional Measures concerning Term of Auditor)
The term of the auditor in office at the time this Act enters into force shall be governed by the former provisions.
Article 4 (Transitional Measures concerning Manufacturing Permission, etc. on Containers, etc.)
Any person who has obtained manufacturing permission on containers, etc. pursuant to the former provisions at the time this Act enters into force shall be deemed to have registered the manufacture of containers, etc. under this Act.
Article 5 (Transitional Measures concerning Application of Penalty Provisions)
The application of penalty provisions to offences committed before this Act enters into force shall be governed by the former provisions.
ADDENDA<Act No. 6419, Feb. 3, 2001>
(1) (Enforcement Date) This Act shall enter into force on July 1, 2001.
(2) (Applicability to Work Supervision) The amendments to Article 16 (2) shall be applicable to the works of installation or alteration of the production facilities of high-pressure gas for which a permission is obtained or a report is filed under Article 4 (1) or (2) on and after this Act enters into force.
(3) (Applicability to Inspection Charges) The amendments to Article 34 (1) 3 shall be applicable to the person who applies for designation as the inspection agency on and after this Act enters into force.
(4) (Transitional Measures concerning Penalty Provisions) In applying the penalty provisions against the offences committed prior to the enforcement of this Act, the previous provisions shall govern.
ADDENDUM<Act No. 6581, Dec. 31, 2001>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM<Act No. 6676, Mar. 25, 2002>
This Act shall enter into force on July 1, 2002: Provided, That the amended provisions of subparagraph 6 of Article 3, and Articles 16-3, 34 (2) 4, and subparagraph 3-2 of 42 shall enter into force on January 1, 2003 respectively, and the amended provisions of Articles 5-2, 9-3, 11-2, 17 (1) and 34 (1) 2 shall enter into force on July 1, 2003.
ADDENDA<Act No. 7240, Oct. 22, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA<Act No. 7504, May 26, 2005>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures concerning Registration of High-Pressure Gas Importer) A person who operates the high-pressure gas import business at the time this Act enters into force shall obtain registration as a high-pressure gas importer under the amended provisions of Article 5-3 within six months from the enforcement date of this Act.
(3) (Transitional Measures concerning Registration of High-Pressure Gas Transporter) A person who transports high-pressure gas at the time this Act enters into force shall obtain registration as a high-pressure gas transporter under the amended provisions of Article 5-4 within six months from the enforcement date of this Act.
(4) (Transitional Measures concerning Application of Penalty Provisions) The previous provisions shall govern the application of penalty provisions to the offences committed before this Act enters into force.
(5) (Transitional Measures concerning Administrative Dispositions, etc.) Any acts such as dispositions taken by the Mayor/Do governor under the previous provisions before this Act enters into force shall be considered as the acts such as dispositions, etc. taken by the head of a Si/Gun/Gu under the provisions of this Act, and the acts such as registrations, etc. made to the Mayor/Do governor under the previous provisions shall be considered as the acts such as registrations, etc. made to the head of a Si/Gun/Gu under the provisions of this Act.
ADDENDA<Act No. 8183, Jan. 3, 2007>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2) (Applicability to Contributions Made to Korea Gas Safety Corporation) The amended provisions of Article 29 (2) shall apply, starting with the first draft budget that is compiled after this Act enters into force.
ADDENDUM<Act No. 8452, May 17, 2007>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA<Act No. 8486, May 25, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA<Act No. 8763, Dec. 21, 2007>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Applicability) The amended provisions of Article 24 (3) shall apply beginning from the first orders or measures under Article 24 (2) after this Act enters into force.
ADDENDA<Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA<Act No. 8863, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA<Act No. 9679, May 21, 2009>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures concerning Penalty Provisions, etc.) In cases of the application of penalty provisions or administrative fines for activities conducted before this Act enters into force, the previous provisions shall apply.
ADDENDA<Act No. 10248, Apr. 12, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Deleted. <by Act No. 11140, Dec. 31, 2011>
Article 3 (Applicability to Partial Completion Inspections)
The amended provisions of Article 16 (4) 2 shall also apply to high-pressure gas manufacturing facilities being built upon obtaining permission to produce high-pressure gas before this Act enters into force, with respect to which an application for completion inspection is not filed under paragraph (3) of the said Article.
ADDENDA<Act No. 10705, May 24, 2011>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Applicability to Administrative Dispositions) The amended provisions of Article 9 (1) shall also apply to administrative dispositions taken with respect to violations committed before this Act enters into force.
(3) (Applicability to Purchasing Insurance Policies by Importers of Containers, etc.) The amended provisions of Article 25 (1) shall apply from the first importation of containers, etc. after this Act enters into force.
ADDENDUM<Act No. 11140, Dec. 31, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDA<Act No. 11998, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA<Act No. 12154, Jan. 1, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA<Act No. 12283, Jan. 21, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provision of subparagraph 1 of Article 6 shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Incompetent Persons, etc.)
Incompetent persons under the adult guardianship referred to in the amended provision of subparagraph 1 of Article 6 shall be deemed to include those adjudged incompetent or quasi-incompetent, and for whom such adjudication remains effective, under Article 2 of the Addenda to the Civil Act partially amended by Act No. 10429.
ADDENDA<Act No. 13079, Jan. 28, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 9 (1), 18-2, 18-3, 34 (2) 5-2, and subparagraphs 8 and 9 of Article 40 shall enter into force one year after the date of their promulgation.
Article 2 (Applicability to Notification of Safety Improvement Plans)
The amended provisions of Article 13-2 (4) shall also apply to a safety improvement plan submitted under the former provisions before this Act enters into force.
ADDENDA<Act No. 13089, Jan. 28, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDUM<Act No. 13728, Jan. 6, 2016>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 14079, Mar. 22, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.