South Korea

• Author: Kyoung Yeon Kim, Yong Hee Yoon, Seung Min Lee, Jung Pyo Seo, and Duk Guen Yun
• Pages: 801-809

CHAPTER 40

South Korea

KYOUNG YEON KIM, YONG HEE YOON, SEUNG MIN LEE,

JUNG PYO SEO, AND DUK GUEN YUN

I. Overview and Structure

There are various environmental laws and regulations under South Korean

legal system.1 The Basic Act on Environmental Policy (BAEP) sets out the

fundamental environmental policy goals, such as preventing pollution and

managing natural resources for sustainable use and enjoyment. In addition,

while the BAEP is treated as a starting point, other environmental laws and

regulations have also been enacted and are enforced in areas such as air and

water pollution abatement and waste management.

The most important regulatory authority for environmental matters is

the Ministry of Environment (MOE) (including its regional offices). The MOE

plays a key role in legislating and enforcing national environmental laws.

Each local government (city or provincial government) also plays an impor-

tant role because they can

• enact their own local environmental regulations providing for more

stringent local environmental standards;

• grant permits for (or accept filings of reports for), installation of cer-

tain environmental facilities; and

• enforce environmental laws, based on statutory delegation of power

from the MOE.

In relation to measures to counter climate change, the MOE works closely

with the Ministry of Knowledge Economy (MKE). In addition, the Ministry of

Land, Transport and Maritime Affairs (MLTM) is the chief government agency

involved in environmental zoning matters. Lastly, the police and prosecutor’s

office are in charge of criminal sanctions for environmental offenses.

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