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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON INTERIM INSPECTIONS OF EXHAUST GASES FROM AUTOMOBILES IN OPERATION

Article 1 (Purpose) The purpose of this Ordinance is to provide for matters necessary to conduct close inspections of exhaust gases from automobiles in operation under Article 37-3 of the Clean Air Conservation Act(hereinafter referred to as the “Act”) in order to improve the atmospheric environment and further contribute to improving the quality of life of citizens of the Seoul Special Metropolitan City.

Article 2 (Scope of Application) Except as otherwise provided for in this Ordinance, Acts, subordinate statutes, and Ministry of Environment notices under the Act shall apply with respect to close inspections of exhaust gases from automobiles in operation (hereinafter referred to as “close inspections”) under Article 37-3 of the Act.

Article 3 (Close Inspections) Owners of automobiles registered (referring to being registered pursuant to Article 5 of the Motor Vehicle Management Act and Article 3 of the Construction Machinery Management Act) with the Seoul Metropolitan Government shall undergo close inspections.

Article 4 (Delegation of Powers) The Mayor of the Seoul Metropolitan Government shall delegate the following powers to the heads of its autonomous Gus:
1. Extending the term of validity of close inspections, postponing close inspections, ordering inspections, etc. under Article 37-3 (2) and (3) of the Act;
2. Designation of business operators designated for close inspections under Article 37-4 (1) of the Act;
3. Giving orders to suspend close inspection services and revoking designation under Article 37-6 of the Act;
4. Imposition and collection of penalty surcharges under Article 37-7 of the Act;
4-2. Designation, etc. of automobile maintenance business operators specialized in exhaust gases under Article 37-8 of the Act; <Newly Inserted by Ordinance No. 4694, Oct. 4, 2006>
4-3. Revocation, etc. of designation of automobile maintenance business operators specialized in exhaust gases under Article 37-9 of the Act; <Newly Inserted by Ordinance No. 4694, Oct. 4, 2006>
5. Reporting, inspections, etc. under Article 49 (1) 8-3 of the Act;
6. Hearings under subparagraph 7 of Article 52 of the Act;
7. Imposition and collection of fines for negligence under Article 59 (1) 7 and 8 and (2) 8-3 of the Act. <Amended by Ordinance No. 4694, Oct. 4, 2006>



ADDENDUM <Ordinance No. 4110, Jun. 16, 2003>
This Ordinance shall enter into force on June 27, 2003.
ADDENDA <Ordinance No. 4439, Oct. 4, 2006>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 (Applicability and Transitional Measures concerning Delegation of Powers)
(1) The amended provisions of subparagraph 4-2 of Article 4 concerning the designation of automobile maintenance business operators specialized in exhaust gases shall apply to applications for designation filed on and after the date this Ordinance enters into force, but if such applications have already been filed and are pending pursuant to the previous provisions at the time this Ordinance enters into force, the previous provisions shall prevail.
(2) The amended provisions of subparagraph 4-3 of Article 4 concerning the revocation of designation of automobile maintenance business operators specialized in exhaust gases shall apply to the revocation of designation that occurs on and after the date this Ordinance enters into force, but if procedures for such revocation are in progress pursuant to the previous provisions at the time this Ordinance enters into force, the previous provisions shall prevail.
(3) The amended provisions of subparagraph 7 of Article 4 concerning the imposition and collection of fines for negligence shall apply to fines for negligence that are imposed on and after the date this Ordinance enters into force, but if procedures for collection of fines for negligence, which have already been imposed pursuant to the previous provisions at the time this Ordinance enters into force, are in progress, the previous provisions shall prevail.
Article 3 (Transitional Measures concerning Designated Automobile Maintenance Business Operators Specialized in Exhaust Gases)
The automobile maintenance business operators specialized in exhaust gases who have already been designated by the Mayor of the Seoul Metropolitan Government pursuant to the previous provisions at the time this Ordinance enters into force shall be deemed to have been designated by the heads of autonomous Gus in accordance with the amended provisions of subparagraph 4-2 of Article 4.