On August 14, 2018, the National Assembly enacted a Special Act on Fine Dust Abatement and Management (the “Special Act on Fine Dust”) to effectively reduce and manage fine dust emissions aimed at addressing growing public health concerns.  The Special Act on Fine Dust will become effective on February 15, 2019.

Key Aspects:

Particulate matters with 10 micrometers or less in diameter are defined as fine dusts.  Particulate matters with 2.5 micrometers or less in diameter are defined as micro-fine dusts.  Nitrogen oxide (NOx), sulfuric oxide (SOx) and volatile organic compounds (VOCs) are defined as precursors to fine dusts.  

If a concentration level of micro-fine dusts is expected to exceed the level to be set by the Ministry of Environment on any given day, the mayor or governor in the area of concern may take any of the following measures (the “Emergency Reduction Measures for Fine Dusts”):

• Restrict vehicle use; 
• Order air pollutant-emitting facilities to change its uptime or rate of production, or to improve efficiency of on-site air pollutant preventive facilities; and 
• Order the hours for construction activities to be changed.
• Unless a justifiable excuse for non-compliance is provided, a violator may be subject to administrative fines up to KRW 100,000 (for a violation of the first measures) or KRW 2 million (for a violation of the second or third measures). 

In addition to the implementation of the Emergency Reduction Measures for Fine Dusts, the mayor or governor may recommend a business owner or facility operator to temporarily suspend operations or to adopt a flexible work schedule.  However, no penalty provision is currently included in the Special Act on Fine Dust for a failure to comply with such recommendation. 

Significance:

Once the Special Act on Fine Dust becomes effective, businesses may be ordered to adjust operation hours or rate of production and/or adopt flexible work schedule at their facilities.  As the details of the law will be supplemented through lower regulations in the future, businesses are advised to closely monitor the status of lower regulations.