VZCZCXYZ0007
RR RUEHWEB

DE RUEHUL #0398/01 0362245
ZNR UUUUU ZZH
R 052245Z FEB 06
FM AMEMBASSY SEOUL
TO RUEHC/SECSTATE WASHDC 5806
INFO RUEAEPA/EPA WASHINGTON DC
RUCPDOC/USDOC WASHDC 2706
RHEHAAA/WHITE HOUSE WASHINGTON DC
RUEHBJ/AMEMBASSY BEIJING 0015
RUEHKO/AMEMBASSY TOKYO 0101

UNCLAS SEOUL 000398 
 
SIPDIS 
 
SIPDIS 
 
PASS USTR FOR CUTLER 
STATE FOR OES/ETC, OES/ENV, OES/PCI 
STATE ALSO FOR EB/TPP/BTA AND EAP/K 
EPA FOR OIA 
USDOC FOR 4431/ITA/MAC/OPB/EAP/MORGAN 
WHITE HOUSE FOR CEQ 
 
E.O. 12958: N/A 
TAGS: SENV ETRD KS
SUBJECT: MAJOR ENVIRONMENTAL LAWS, POLICIES, AND REGULATORY 
SYSTEMS IN KOREA 
 
 
Summary 
------- 
¶1.  Korea has made significant progress in addressing the 
need for environmental protection since the early 1990's. 
In preparation for upcoming trade negotiations, this report 
provides background information on Korea's environmental 
laws, policies and regulatory systems, and provides 
indicators regarding the impact of these government 
measures.  The report covers the following topics: 
 
-- Major Environmental Legislation; 
-- Environmental Policies and Regulatory Systems; 
-- Nature and Ecosystem Conservation; 
-- Air Quality Management; 
-- Water Quality Management; 
-- Waste Management and Recycling; 
-- Public Health Protection and Toxic Chemicals Control 
-- Key Environmental Performance Indicators; and 
-- Korea's Participation in International Environmental 
Conventions. 
End summary. 
 
Major Environmental Legislation 
------------------------------- 
¶2.  Most of the major environment-related laws currently in 
effect have been adopted since the early 1990s.  They have 
been frequently amended over the past decade, in response to 
newly arising domestic and international environmental 
issues. 
 
¶3.  Currently, the Republic of Korea (ROK) has 38 principal 
environmental statutes in effect, and more than 80 draft 
bills on environmental issues are pending at the National 
Assembly for approval as of year-end 2005.  The vast 
majority of the latter are draft amendments to existing laws 
designed to cope with domestic environmental issues.  Major 
environmental acts in force are listed below: 
 
-- Environmental Policy Framework Act of 1990 
-- Natural Environment Conservation Act of 1991 
-- Water Quality Conservation Act of 1990 
-- Clean Air Conservation Act of 1990 
-- Wastes Control Act of 1986 
-- Noise and Vibration Control Act of 1990 
-- Toxic Chemicals Control Act of 1990 
-- Control of Transboundary Movement of Hazardous Waste and 
Their Disposal Act of 1992 
-- Natural Park Act of 1980 
-- Sewerage Act of 1966 
-- Environmental Dispute Adjustment Act of 1990 
-- Drinking Water Management Act of 1995 
-- Soil Environment Conservation Act of 1995 
-- Environmental Impact Assessment (EIA) Act of 1999 
-- Wetland Conservation Act of 1999 
-- Foul Odor Prevention Act of 2004 
-- Wildlife Protection Act of 2004 
-- Antarctic Activities and Environmental Protection Act of 
2004 
-- Special Act on Metropolitan Air Quality Improvement of 
2003 
-- Indoor Air Quality Management Act of 2003 
-- Environmental Improvement Expenses Liability Act of 1991 
-- Disposal of Sewage, Excreta & Livestock Wastewater Act of 
1991 
-- Promotion of Saving and Recycling of Resources Act of 
1992 
-- Promotion of Construction Waste Recycling Act of 2003 
 
¶4.  Since becoming a member of the OECD in 1996, the ROKG 
has adopted new legislation or revised existing statutes in 
order to bring Korea up to OECD-level standards.  Several of 
the bills pending before the National Assembly or under 
preparation have been crafted by the ROKG to create the 
legal basis for implementation of multilateral environmental 
treaties or agreements.  They include a draft bill on Dioxin 
and Persistent Organic Pollutants (POPs).  A draft bill 
revising the Marine Pollution Prevention Act to address 
marine pollution from both ships and land-based sources is 
under review at the Ministry of Legislature. 
 
Environmental Policies & Regulatory Systems 
------------------------------------------- 
¶5.  As outlined in the 1997 OECD report on the 
"Environmental Performance of Korea," Korea has worked to 
address environmental problems neglected in the early 
decades of its remarkable economic development. 
Implementation of environmental policies is proceeding 
progressively.  Pollution abatement and control expenditures 
have been holding steady at 1.5 percent of Korea's GDP.  The 
country is being equipped with environmental infrastructure, 
and both regulatory and economic instruments are in use. 
Local government plays an increasing role in implementing 
environmental policies as envisioned in the "Local Agenda 
21" program. 
 
¶6.  The Green Vision 21 Program (1995-2005) recognized the 
considerable efforts needed to rehabilitate Korea's 
environment, and provided an ambitious schedule for 
reinforced environmental protection in an expected context 
of high economic growth and pressures on the environment. 
 
¶7.  Korea's regulatory system is characterized by a 
combination of generally-applicable rules and a "place- 
based" approach where necessitated by intense development 
pressures or a vulnerable environment.  The main instruments 
are emission/discharge permits, ambient environmental 
standards, and the designation of zones where special 
conditions apply.  A formal enforcement program is in place, 
with inspections, fines and indictments.  A number of 
standards and limits have been tightened gradually over 
recent years. 
 
¶8.  The ROKG has been creative in adding an array of 
economic instruments to its set of regulatory instruments. 
These include: emission charges; environmental quality 
improvement charges; traffic congestion charges; energy 
taxes; a deposit-refund system, which was recently changed 
into the Extended Producer Responsibility (EPR) system; and 
a waste management charge. 
 
 ¶9.  Korea has a tradition of strong central government. 
Local government, however, spends 83 percent of overall 
public environmental expenditures (including pollution 
abatement and control expenditures), and recently greater 
environmental decision-making power has been delegated to 
the local level.  This process is not yet functioning as 
well as it should; local governments need to build up 
expertise in implementing and enforcing environmental 
protection measures to tackle, for example, compliance 
problems involving smaller factories and enterprises. 
 
¶10.  Korean industry has benefited from the government's 
export-oriented policies, including relatively lenient 
environmental constraints, which are now gradually being 
tightened.  The more progressive exporting industries are 
adopting environmental management systems and applying them 
to their subsidiaries worldwide. 
 
¶11.  The two main strategic environmental policy documents, 
the "Presidential Vision for Environmental Welfare" and 
"Green Korea 2004," the annual publication of the Korean 
Ministry of Environment (MOE), provide clear and ambitious 
perspectives on a number of environmental objectives.   Main 
elements of environmental policies and regulatory systems 
envisioned in the documents follow: 
 
Nature Conservation 
------------------- 
¶12.  Historically, the environmental statutes and regulatory 
systems in Korea have focused primarily on water pollution, 
air pollution, and waste management.  A turning point away 
from that traditional approach was the passage of two 
important laws in early 1990s.  One was the Nature 
Environment Conservation Act (1991) and the other the 
Environmental Impact Assessment (EIA) Act, passed in 1993 
and amended in 1997.  As recommended by the OECD, Korea has 
been implementing a mandatory EIA process for the nation's 
major development projects in an effort to balance the 
interests of development and environmental protection. 
 
¶13.  A key ROKG conservation initiative aims at the creation 
of an eco-network on the Korean Peninsula, conserving the 
 
notably biodiverse ecosystems of the Demilitarized Zone 
(DMZ), the Baekdu mountain chain (down the spine of South 
Korea), and various small islands and coastal regions. 
Korea aims to conserve areas with outstanding ecosystems and 
high biodiversity through designations of ecosystem 
conservation areas, wetland protection areas, and specially- 
designated islands.  Currently, there are 22 ecosystem 
conservation areas, 14 wetland protection areas, and 20 
national parks. 
 
¶14.  A Master Plan for Biological Resources Conservation is 
being established by MOE to strengthen wildlife protection 
measures.  It will include surveys of indigenous species and 
controls on their export.  The Wildlife Protection Act, 
passed in 2004, takes effect in February 2005. 
 
Air Quality Management 
---------------------- 
¶15.  Korea has been actively enforcing legally-binding 
emission standards on six major air pollutants, including 
carbon dioxide, sulfur dioxide, nitrogen oxide, ozone, and 
particulate matter, in industrial complexes throughout the 
country.  The Special Act on Metropolitan Air Quality 
Management (passed in December 2003, and effective as of 
January 1, 2005) stipulates stricter emission standards.  It 
calls for the introduction of a "total air pollution load 
management system," an emissions trading system, and tighter 
vehicle emission controls. 
 
¶16.  Since February 2002, Korea has required the 
installation of the telemonitoring system (TMS) on 
smokestacks with high discharge volumes, and imposes charges 
on those which exceed emission standards.  As of January 
2004, TMS has been installed in 1,841 stacks at 317 
industrial sites. 
 
¶17.  To reduce pollution from vehicle exhaust, the ROKG has 
set emission standards on newly-manufactured vehicles and in- 
use vehicles.  Starting in 2006, emission standards on newly- 
manufactured gasoline and natural gas vehicles will be 
strengthened to the level of ULEV (ultra low emission 
vehicle), and diesel vehicles to the level of EURO-4. 
 
¶18.  The ROKG promotes the use of natural gas vehicles 
(NGVs) to replace diesel-fueled buses.  As of May 2004, 
4,876 diesel vehicles had been replaced with NGVs and 20,000 
diesel buses, which will account for 48 percent of the total 
diesel buses nationwide, are to be replaced with NGVs by 
¶2007. 
 
Water Quality Management 
------------------------ 
¶19.  Korean government water management policies are focused 
on conserving the water resources of the nation's four major 
rivers - the Han, Nakdong, Geum, and Yeongsan Rivers, which 
are drinking water sources for more than 40 million out of 
Korea's total population of 48 million.  Major policies 
include the "total water pollution load management system," 
riparian buffer zones, land purchases to prevent water 
pollution from non-point sources, and charges for water use. 
 
¶20.  In the field of industrial wastewater, the ROKG 
established the Sector-based Environmental Action plan in 
January 2004.  Its contents include: allowable emission 
standards, an increase in the number of controlled water 
pollutants, introduction of testing and management of 
biotoxins, and improvements in monitoring systems. 
 
¶21.  In March 2004, Korea also introduced a scheme to manage 
water pollution from non-point sources, including livestock 
waste.  This set of measures reflects MOE's growing focus on 
non-point source water pollution, shifting from point-source 
pollution, which is being largely contained through the 
increased use of sewage systems and water treatment 
facilities. 
 
Waste Management & Recycling 
---------------------------- 
¶22.  Korea implemented a comprehensive waste management 
policy during the early 1990s, with ambitious targets for 
disposal and recycling.  Generation of household waste has 
 
 
substantially declined after the inception of the Volume- 
based Waste Fee System in 1995.  The daily amount of waste 
generation per capita has been reduced from 1.3 Kg in 1994 
to 1.03 Kg in 2004.  In 2002, for the first time, the rate 
of recycling exceeded the rate of additions to landfills. 
Between 1997 and 2004, the recycling rate of household waste 
increased from 29.1 percent to 49.2 percent, while the rate 
of landfills decreased from 63.83 percent to 36.4 percent. 
 
¶23.  Generation of industrial waste is growing more rapidly 
than GDP.  A growing number of incinerators are put into 
operation each year, and many more are planned, to confront 
an ever-increasing amount of hazardous waste.  Transboundary 
movement of waste is now carefully checked, pursuant to the 
Control of Transboundary Movement of Hazardous Waste and 
Their Disposal Act, which was passed in 1992. 
 
¶24.  In 2003, Korea introduced the Extended Producer 
Responsibility (EPR) system, in place of the previous 
Deposit-Refund System.  The EPR system, which holds 
producers responsible for meeting recycling targets, is 
being successfully implemented and applies to more than 15 
products, including glass bottles, packing film, fluorescent 
light bulbs, electronics products like TVs, and computers. 
 
Public Health Protection and Toxic Chemicals Control 
--------------------------------------------- ------- 
¶25.  Since Korea became an OECD member, the ROKG has 
introduced an advanced management system for chemical 
substances (as recommended by the OECD), including a risk 
assessment system and a chemicals accident response system. 
 
¶26.  In 1999, the ROKG implemented the Toxic Release 
Inventory (TRI), a system that requires companies to report 
to the government the amount of chemicals released to the 
environment during the process of production or use, as well 
as the amount transferred to other places for the purpose of 
recycling or disposal.  Over the years, the range of 
companies subject to the TRI system has been extended to 28 
industries for companies with more than 50 employees.  The 
number of chemical substances subject to the TRI report 
swelled to 240 in 2002, up from 80 in 1999. 
 
¶27.  Korea is participating in OECD programs related to 
chemical substances such as the Screening Information Data 
Set (SIDS) and the Chemical Product Policy (CPP), as well as 
in other international efforts, including the Strategic 
Approach to International Chemicals Management (SAICM) and 
the Intergovernmental Forum on Chemical Safety (IFCS). 
 
Key Environmental Performance Indicators of Korea 
--------------------------------------------- ---- 
¶28.  Following are key environmental performance indicators 
for 2004, with data for 1997 for comparison: 
--------------------------------------------- ------------- 
Key Environmental Indicators              1997        2004 
--------------------------------------------- ------------- 
Air Quality: 
Level of Sulfur Dioxide (PPM, Seoul)     0.017       0.005 
Level of Nitrogen Oxide (PPM, Seoul)     0.032       0.037 
--------------------------------------------- ------------- 
Water Quality: (percent of Level II Quality and Better) 
Water Quality                               86          91 
Han River Quality (BOD, PPM)               1.5         1.3 
--------------------------------------------- ------------- 
Water Supply and Sanitation: 
Water Supply Connection Rate           84.7 pct   90.1 pct 
Sanitation Connection Rate             60.9 pct   81.4 pct 
--------------------------------------------- ------------- 
Waste Management: 
Per Capita Generation                   1.05 Kg    1.03 kg 
Household Waste Management 
-- Landfill                            63.8 pct   36.4 pct 
-- Recycling                           29.1 pct   49.2 pct 
-- Incineration                         7.1 pct   14.4 pct 
Industrial Waste Management 
-- Recycling                           63.8 pc    81.2 pct 
-- Incineration, landfill, and others  36.2 pc    18.8 pct 
--------------------------------------------- ------------- 
Source:  2005 Environmental Annual Report to be published by 
MOE in January 2006 
 
 
 
Participation in International Environmental Conventions 
--------------------------------------------- ----------- 
¶29.  The ROKG is a member of the international environmental 
conventions listed below.  They are grouped into six areas, 
including atmosphere and climate change, maritime affairs 
and fisheries, hazardous waste management, nature and 
species conservation, nuclear safety, and others.  The first 
date for each refers to the date Korea signed, and the 
second refers to the date that the convention entered into 
force with regard to Korea. 
 
A) Atmosphere/Climate Change 
---------------------------- 
- United Nations Framework Convention on Climate Change 
(UNFCCC) 
   December 14, 1993; March 21, 1994 
- Vienna Convention for the Protection of the Ozone Layer 
   February 27, 1992; May 27, 1992 
- Montreal Protocol on Substances that Deplete the Ozone 
Layer 
   February 27, 1992; May 27, 1992 
- The London Amendment to the Montreal Protocol 
   December 10, 1992; March 10, 1993 
- The Copenhagen Amendment of the Montreal Protocol 
   December 2, 1994; March 2, 1995 
- The Montreal Amendment to the Montreal Protocol 
   August 19, 1998; November 10, 1999 
 
B) Maritime Affairs and Fisheries 
--------------------------------- 
- International Convention for the Regulation of Whaling 
(ICRW) 
   December 29, 1978; December 29, 1978 
- International Convention for the Conservation of Atlantic 
Tunas (ICCAT) 
  August 28, 1970; August 28, 1970 
- Convention of the Conservation of the Living Resources of 
the Southeast Atlantic 
  January 19, 1981; February 19, 1981 
- Convention on the Conservation of Antarctic Marine Living 
Resources (CCAMLR) 
  March 28, 1985; Mar.28, 1985 
- International Convention for the Prevention of Pollution 
of the Sea by Oil, 1954 (as amended in 1962 and 1969) 
July 31, 1978; October 31, 1978 
- Convention on the Prevention of Marine Pollution by 
Dumping of Wastes and Other Matter (London Convention) 
  December 21, 1993; January 20, 1994 
- International Convention on Civil Liability for Oil 
Pollution Damage (CLC) 
  December 18, 1978; March 18, 1979 
- Protocol to the International Convention of Civil 
Liability for Oil Pollution Damage, 1969 
  December 8, 1992; March 8, 1993 
- International Convention on the Establishment of an 
International Fund for Compensation for Oil Pollution 
Damage, 1971 (Fund Convention) 
  December 8, 1992; March 8, 1993 
- International Convention for the Prevention of Pollution 
from Ships, 1973 as Modified by the Protocol of 1978 
relating thereto (MARPOL 73/78) 
  July 23, 1984; October 23, 1984 
- Convention on Future Multilateral Cooperation in the 
Northwest Atlantic Fisheries 
  December 21, 1993; December 21, 1993 
- United Nations Convention on the Law of the Sea 
  January 29, 1996; February 28, 1996 
- Agreement Relating to the Implementation of the Part XI of 
the United Nations Convention on the Law of the Sea of 10 
December 1982 
  January 29, 1996; July 28, 1996 
 
C) Waste Management 
------------------- 
- Basel Convention on the Control of Transboundary Movements 
of Hazardous Wastes and their Disposal (Basel Convention) 
  February 28, 1994; May 29, 1994 
 
D) Nature and Species Conservation 
---------------------------------- 
- Convention on International Trade in Endangered Species of 
Wild Fauna and Flora 
   July 9, 1993; October 7, 1993 
- Convention on Biological Diversity (CBD) 
   Oct0ber 3, 1994; January 1, 1995 
- Convention on Wetlands of International Importance 
Especially as Waterfowl Habitat (as amended in 1982 and 
1987) (RAMSAR) 
  March 28, 1997; July 28, 1997 
- International Plant Protection Convention (IPPC) 
  December 8, 1953; December 8, 1953 
- Plant Protection Agreement for the South East Asia and 
Pacific Region 
  November 4, 1981; November 4, 1981 
- International Tropical Timber Agreement, 1983 (ITTA) 
   July 25, 1985; July 25, 1985 
- International Tropical Timber Agreement 1994 
   September 12, 1995; January 1, 1997 
 
E) Nuclear Safety 
----------------- 
- Treaty Banning Nuclear Weapons Tests in the Atmosphere, in 
Outer Space and Underwater 
  July 24, 1964; July 24, 1964 
- Convention of the Physical Protection of Nuclear Material 
  February 7, 1982; February 8, 1987 
- Convention on Early Notification of a Nuclear Accident 
(Notification Convention) 
  June 8, 1990; July 9, 1990 
- Convention on Assistance in the Case of a Nuclear Accident 
or Radiological Emergency (Assistance Convention) 
  June 8, 1990; July 9, 1990 
- Convention on Nuclear Safety 
  September 19, 1995; October 24, 1996 
- Treaty on the Prohibition of the Emplacement of the 
Nuclear Weapons and Other Weapons of Mass Destruction on the 
Sea Bed and the Ocean Floor and in the Subsoil Thereof 
  June 25, 1987; June 25, 1987 
 
F) Others 
--------- 
- The Antarctic Treaty 
  November 28, 1986; November 28, 1986 
- Protocol to the Antarctic Treaty on Environmental 
Protection 
  January 2, 1996; January 14, 1998 
- United Nations Convention to Combat Desertification in 
Those Countries Experiencing Serious Drought and /or 
Desertification, Particularly in Africa 
  August 17, 1999; November 15, 1999 
- Convention for the Protection of the World Cultural and 
Natural Heritage (World Heritage Convention) 
  September 14, 1988; December 14, 1988 
- Treaty on Principles Governing the Activities of States in 
the Exploration and Use of Outer Space, including the Moon 
and Other Celestial Bodies 
  October 31, 1967; October 31, 1967 
- Convention on the Prohibition of Military or Any other 
Hostile Use of Environmental Modification Techniques 
  December 2, 1986; December 2, 1986 
- Convention on the Prohibition of the Development, 
Production and Stockpiling of the Bacteriological 
(Biological) and Toxic Weapons, and on their Destruction 
  June 25, 1987; June 25, 1987 
 
For Additional Information 
-------------------------- 
¶30.  The websites of the Ministry of Environment (MOE) and 
the Korea Environment Institute (KEI) have additional useful 
information.  There is a comprehensive study of the use of 
Environmental Impact Assessments in Korea on the KEI 
website, at www.kei.re.kr/04_publ/pdf/others/KEBP2004.  A 
comprehensive description of the policies in the "Green 
Vision 21" is at the MOE English-language website, at 
http://eng.me.go.kr. 
 
VERSHBOW