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Government Legislation

  • Partial Amendment to the Enforcement Rule of the Noise and Vibration Control Act
    • Competent Ministry : Ministry of Environment
    • Advance Publication of Legislation : 2019-06-25
    • Opinion Submission Deadline : 2019-08-05

(1) Reasons for Proposal
With the amendments to the Noise and Vibration Control Act (Act no. 15834, promulgated 10.16.2018, to be enforced 1.1.2020) proposing to establish permissible noise emission standards for automobile tires aimed at minimizing damage from traffic noise by reducing noise from automobile tires and promoting the production and distribution of low-noise generating tires, the Act aims to remedy matters delegated under the relevant law and some of the inadequacies revealed in the operation of the current system.


(2) Major Provisions
A. Clarification of the time of appointment of environmental engineers (Article 18, paragraph 3)
1) The time of appointment of environmental engineers for operation/management of noise/vibration emission facilities is not provided for, causing operational confusion.
2) Appoint environmental engineers by the date of operation of emission prevention facilities when appointing them for the first time, and if the date in question is changed, appoint them within 5 days from the date of change.

B. Easing the regulations on reporting changes in specific construction (Article 21, paragraph 5)
1) The time limit is exceeded by a small error when extending the period of specific construction.
2) Make it mandatory to report before the closing of the construction period or before the date of resumption of construction rather than to report within 7 days from the date of change in or extension of the period of specific construction

C. Introduction of a tire noise level reporting system (Articles 39-2 through 39-8, attached Tables 14-2 through 14-4)
1) Automobile tire-generated noise accounts for a significant part of automobile noise. However, there are no statutory regulations thereon.
* Tire noise represents 45∼97% when a car runs in excess of 40 km/h (EU, Japan).
2) Specifically determine matters and procedures delegated from the relevant law, such as permissible tire noise emission standards, noise level indication standards, noise level reporting, self-measurement equipment and personnel standards, noise level test agencies, and noise level measurement methods, 
3) Introduce the permissible tire noise emission standards and tire noise indication system currently in force in the EU, etc., thereby making it feasible to expect to reduce roadside noise and promote the production and distribution of low-noise tires.

D. Investigation of the adequacy of permissible tire noise emission standards, etc. (Articles 39-7, 39-8)
1) Require follow-up management such as verification of compliance with permissible noise standards for the tires reported following the introduction of a tire noise level reporting system.
2) Specifically determine matters delegated from the relevant law such as the methods of and procedures for verifying the adequacy of permissible tire noise emission standards and the forms for an order of improvement, a report on the execution of an order of improvement, etc., for administrative disposition occasioned by exceeding the permissible noise standards. 
3) Minimize damage to the surrounding environment due to traffic noise through continued verification of whether permissible tire noise emission standards are complied with.

E. Expansion of the places of business within the same building to which living noise and vibration control standards are applied (attached Table 8).
1) Places of business such as fitness centers and karaoke bars for which obligations of reporting and complying with facility standards are provided for in individual Acts are managed as living noise control facilities; however, some places of business are excluded from such control.
2) Newly include businesses that operate golf driving ranges and baseball grounds under the Sports Facilities Act as those subject to control.

F. Clarification of traffic noise and vibration control areas (attached Table 12)
1) Planned and preservation management areas are not specified in traffic noise and vibration control areas, which creates confusion among civil petitioners, etc.
2) Remedy legislative inadequacies by specifying planned and preservation management areas in traffic noise and vibration control areas.

G. New establishment of noise-generating construction machinery control standards, including 2 types of generators, etc. (attached Table 18-2)
1) Out of noise-generating construction machinery (9 types), control standards are established and enforced (Feb. 2014) for the 4 types including the excavator. However, there are no control standards for the 5 types including the generator.
* Standards established for (4 types): excavator, compaction machine, loader, air compressor
* Standards yet to be established for (5 types): generator, concrete cutter, punching machine, pile driver, pile extractor, breaker
2) Newly establish control standards for the 2 types including the generator, concrete cutter.  Provided, however, that control standards for the 3 types including punching machine, pile driver/extractor, breaker, etc. are not established since the effect of setting standards for them is minimal. 
* The noise level from working (striking) is much higher than that from machines; however, it is hard to develop noise level reduction technology.


Regulatory effect assessment
Legislative proposal (draft)
  • (입법예고안) 소음진동관리법 시행규칙.hwp [download]