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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON THE REDUCTION AND MANAGEMENT OF FINE DUST

Article 1 (Purpose) The purpose of this Ordinance is to create a pleasant living environment for citizens by protecting their health and preventing damage caused by air pollution through the reduction and management of the emission of fine dust and fine dust-generating substances pursuant to the Special Act on the Reduction and Management of Fine Dust.

Article 2 (Definitions) The terms used in this Ordinance are as defined follows: <Amended on Jul. 18, 2019>
1. The term "emergency reduction measure for high fine dust concentration" means a measure to reduce fine dust where the predicted concentration of ultra fine dust reaches the level prescribed by the Minister of Environment under Article 18 (1) of the Special Act on the Reduction and Management of Fine Dust (hereinafter referred to as the "Special Act");
2. The term "motor vehicle exhaust emission rating" means the rating calculated in accordance with the standards for calculating the rating of motor vehicle exhaust emissions under Article 4 of the Regulations on Methods of Calculating Ratings of Motor Vehicle Exhaust Emissions;
3. The term "preliminary reduction measure" means a reduction measure taken with regard to public institutions and administrative agencies in advance on the day preceding the date an emergency reduction measure is to be issued where such emergency reduction measure is highly likely to be issued within the next two days;
4. The term "special measure area for promoting green transport" (hereinafter referred to as "green transport area") means a special measure area designated by the Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") under Article 41 of the Sustainable Transportation Logistics Development Act and Article 12 (1) 3 of the Enforcement Rule of the same Act to advance green transport and to promote green transport logistics.

Article 3 (Responsibilities of Mayor) (1) The Mayor shall formulate policies to protect citizens' health from air pollution generated by fine dust and shall endeavor to reduce and manage fine dust. In addition, the Mayor shall conduct education and publicity activities to enable citizens to participate in the reduction and management of fine dust emissions and shall cooperate with other local governments and neighboring countries. <Amended on Jul. 18, 2019>
(2) A person who conducts business activities in Seoul Metropolitan City (hereinafter referred to as the "City") shall take necessary measures to reduce and manage the emission of fine dust, etc. generated by such business activities and shall fully cooperate in the policies for the reduction and management of the emission of fine dust, etc. that are implemented by the Seoul Metropolitan Government.
(3) Every citizen shall actively cooperate in the policies for the reduction and management of fine dust that are implemented by the Seoul Metropolitan Government and Gus.

Article 4 (Formulation of Implementation Plans) (1) The Mayor shall hold a public hearing, presentation, etc. to formulate a detailed implementation plan under Article 8 of the Special Act (hereinafter referred to as "implementation plan") and shall report to the Minister of Environment with regards to the formulation of and any amendments to such implementation plan.
(2) The Mayor shall consider the following when formulating an implementation plan:
1. Matters regarding the current state of fine dust emissions and targets for the reduction of fine dust;
2. Matters regarding the provision of information on fine dust and air pollution;
3. Matters regarding the reduction of fine dust generated from motor vehicles and construction machinery;
4. Projects for reducing fugitive dust generated at places of business or construction sites;
5. Matters regarding education and publicity activities for the prevention and reduction of fine dust;
6. Matters regarding the protection of and support for social groups vulnerable to fine dust;
7. Other matters deemed necessary by the Mayor for the prevention and reduction of fine dust.
(3) Where the Mayor formulates an implementation plan pursuant to paragraphs (1) and (2), he or she shall examine and evaluate the results achieved pursuant to the previous implementation plan and reflect the findings of such examination and evaluation in the implementation plan. <Newly Inserted on Sep. 26, 2019>
(4) The Mayor shall report the results achieved pursuant to an implementation plan to the Seoul Metropolitan Council every year. <Newly Inserted on Sep. 26, 2019>

Article 5 (Emergency Reduction Measures for High Fine Dust Concentration) (1) Where the average concentration of ultra fine dust reaches the level requiring the implementation of emergency reduction measures for high fine dust concentration under Article 18 (1) of the Special Act, the Mayor may implement the following emergency reduction measures to reduce fine dust: Provided, That where the Minister of Environment requests that the Mayor implement emergency reduction measures on the grounds that such measures are required over a wide area of at least two Cities/Dos, the Mayor shall comply with such request: <Amended on Mar. 31, 2020>
1. Restricting the operation of pollution-causing motor vehicles;
2. Changing or adjusting construction hours at construction sites during projects generating fugitive dust;
3. Changing the hours of operation and adjusting the rates of operation of air pollutant-emitting facilities, or improving the efficiency of air pollution prevention facilities under Article 18 (1) 2 of the Special Act;
4. Closing parking lots of public institutions and administrative agencies or restricting the use of parking lots;
5. Reducing exposure to fine dust for social groups vulnerable thereto;
6. Other measures deemed necessary by the Mayor for the reduction of fine dust.
(2) The Mayor may take more stringent measures, such as implementing an alternate-day no-driving system for motor vehicles, where the predicted concentration of ultra fine dust is remarkably high.
(3) Where emergency reduction measures are highly likely to be issued within the next two days due to high concentrations of ultra fine dust, the Mayor may take necessary measures on the day immediately preceding the date such measures are to be issued, such as the implementation of preliminary reduction measures, in order to improve the effect of the emergency reduction measures.
(4) The Mayor may restrict the operation of motor vehicles under Article 30 of the Sustainable Transportation Logistics Development Act in a green transport area, as publicly announced. <Newly Inserted on Jul. 18, 2019>

Article 5-2 (Intensive Management Due to Seasonal Factors) (1) The Mayor may implement the measures specified in Article 5 (1) 1, 2, 4, 5, and 6 during the period from December 1 to March 31 of the following year pursuant to Article 21 (1) and (4) of the Special Act.
(2) Where the Mayor implements the measures under paragraph (1), he or she shall provide immediate notice of such fact to related institutions, places of business, construction sites, residents, etc. in the relevant area by such means as newspapers, broadcasting, or posting on websites.
(3) Detailed matters necessary for the measures under paragraph (1) shall be prescribed by the Mayor.
[This Article Newly Inserted on Mar. 31, 2020]

Article 6 (Areas Subject to Restrictions on Operation) Areas subject to restrictions on the operation of pollution-causing motor vehicles under Articles 5 (1) 1 and 5-2 (1) mean the areas in the City excluding green transport areas. <Amended on Jul. 18, 2019; Mar. 31, 2020>
[Title Amended on Mar. 31, 2020]

Article 7 (Motor Vehicles Subject to Restrictions on Operation) (1) Motor vehicles subject to restrictions on operation under Articles 5 (1) 1 and 5-2 (1) shall be motor vehicles whose exhaust emission ratings are Grade V. <Amended on Mar. 31, 2020>
(2) Notwithstanding paragraph (1), motor vehicles with regard to which a measure referred to in subparagraph 17 or 18 of Article 2 of the Clean Air Conservation Act is taken shall be excluded from motor vehicles subject to restrictions on operation.
[Title Amended on Mar. 31, 2020]

Article 8 (Period and Procedures for Restrictions on Operation) (1) The time and procedures for placing restrictions on operation under Article 5 shall be governed by Article 12 of the Enforcement Decree of the Special Act on the Reduction and Management of Fine Dust (hereinafter referred to as the "Enforcement Decree"). <Amended on Mar. 31, 2020>
(2) Restrictions on operation under Article 5-2 shall be implemented on days other than Saturdays and holidays, and the time for implementing such restrictions shall be from 6:00 a.m. to 9:00 p.m., and may, if necessary, be adjusted by the Mayor. <Newly Inserted on Mar. 31, 2020>
[Title Amended on Mar. 31, 2020]

Article 9 (Control of Motor Vehicles Subject to Restrictions on Operation) (1) The Mayor may install and operate an unmanned control system in order to monitor motor vehicles subject to restrictions on operation under Article 7 and may appoint public officials in charge of controlling such motor vehicles (hereinafter referred to as "officials in charge of control") to have them control vehicles violating the restrictions. <Amended on Mar. 31, 2020>
(2) Where a violation of restrictions on operation is identified by an unmanned control system or by a public official in charge of control, the Mayor shall issue a prior notice of an administrative fine to the owner of the relevant motor vehicle pursuant to Article 16 of the Act on the Regulation of Violations of Public Order.
(3) Where a public official in charge of control performs the relevant duties, he or she shall ensure that citizens are able to easily recognize his or her performance of the duties.

Article 10 (Imposition of Administrative Fines on Violating Motor Vehicles) (1) The Mayor shall impose an administrative fine not exceeding 100,000 won on the owner of a motor vehicle who violates restrictions on operation under Articles 5 (1) and 5-2 (1) without good cause. <Amended on Mar. 31, 2020; Mar. 10, 2022>
(2) Where the owner of a motor vehicle proves that he or she is not subject to restrictions on operation under Article 7, the imposition of an administrative fine may be withdrawn.
(3) The Mayor shall impose an administrative fine under Article 5 (1) on the owner of a motor vehicle who violates restrictions on operation under Articles 5 (1) and 5-2 (1). <Newly Inserted on Mar. 31, 2020; Mar. 10, 2022>

Article 11 (Designation of Areas Subject to Intensive Management of Fine Dust) (1) The Mayor may designate an area subject to intensive management under Article 22 (1) of the Special Act.
(2) The Mayor may preferentially support matters necessary for areas subject to intensive management of fine dust pursuant to Article 22 (2) of the Special Act.
(3) Designation and requirements for revocation of designation of, and procedures for, areas subject to intensive management, and other matters shall be prescribed by Article 22 (3) of the Special Act.

Article 12 (Protection of Vulnerable Social Groups) (1) The Mayor shall prepare measures to protect vulnerable social groups, such as children and senior citizens, from fine dust under Article 23 of the Special Act.
(2) The Mayor may provide face masks and other goods to protect vulnerable social groups prescribed in subparagraph 1 of Article 14 of the Enforcement Decree and eligible recipients under the National Basic Living Security Act. <Amended on Mar. 31, 2020>
(3) The Mayor may subsidize projects or activities conducted for the purpose of educating vulnerable social groups prescribed in paragraph (2). <Newly Inserted on Jan. 9, 2020>
[This Article Newly Inserted on Mar. 28, 2019]

Article 13 (Establishment and Operation of Fine Dust Research Institute) (1) The Mayor may establish and operate a fine dust research institute (hereinafter referred to as the "research institute") in order to formulate the Seoul Metropolitan Government's fine dust policies, such as an analysis of the causes of the generation of fine dust and a proposal for policies.
(2) The functions of the research institute shall be as follows:
1. Investigating the sources of fine dust-generating substances;
2. Identifying the mechanism for the generation of fine dust;
3. Measuring and analyzing the causes of the generation of fine dust;
4. Analyzing and verifying the effects of fine dust policies;
5. Formulating medium- and long-term plans for fine dust and proposing policies thereon;
6. Other research on which the formulation of fine dust policies is based.
(3) Where necessary for research on fine dust, the operation of the research institute, etc., the Mayor may dispatch public officials belonging to the Seoul Metropolitan Government (including its affiliated offices) to the research institute or require them to hold dual offices, and may request an institution funded by the Seoul Metropolitan Government to dispatch its employees or allow them to hold dual offices.
[This Article Newly Inserted on Sep. 26, 2019]

Article 14 (Fine Dust Reduction Publicity Support) When civilians including companies or associations conduct publicity or informative projetcs for fine dust reduction, the Mayor may support a part of their expenses from within the limit of budget.
[This Article Newly Inserted on Dec. 30, 2022]

ADDENDUM <Ordinance No. 8566, Dec. 30, 2022>
This Ordinance shall enter into force on Jan. 01, 2023.