Suggested citations
AGLC4 | 환경영향평가법 2007 [Environmental Impact Evaluation Law of the Democratic People's Republic of Korea (2007)] [tr Daye Gang].
Bluebook | Hwangyeongyeonghyangpyeonggabeob 2007 [Environmental Impact Evaluation Law of the Democratic People's Republic of Korea (2007)] translated in Law and North Korea by Daye Gang, https://www.lawandnorthkorea.com/.
Adopted on November 9, Juche 94 (2005), as Directive No. 1367 of the Presidium of the Supreme People’s Assembly
Amended and supplemented on March 27, Juche 96 (2007), as Directive No. 2195 of the Presidium of the Supreme People’s Assembly
CHAPTER I. BASICS OF ENVIRONMENTAL IMPACT EVALUATION LAW
Article 1 (Objectives of Environmental Impact Evaluation Law)
The Environmental Impact Evaluation Law of the Democratic People’s Republic of Korea shall strictly adopt systems and order in the drafting, application and deliberation of environmental impact evaluation documents, and the implementation of environmental impact evaluation decisions to serve to prevent environmental destruction and damage as a result in advance and assure a clean environment.
Article 2 (Definition)
Environmental impact evaluation is important work to forecast and evaluate the influence caused by the drafting of plans, development, and construction on the environment to adopt measures to eliminate negative influences or reduce them as much as possible. Plans include land plans and overarching construction plans, development includes the development of resources and energy, and construction includes new building, technical repairs, extensions, reconstruction, and removal and reconstruction.
Article 3 (Principles of applying for environmental impact evaluation document)
Applying for an environmental impact evaluation document is the first process of environmental impact evaluation work. The State shall adopt an application order for environmental impact evaluation documents and shall strictly keep to them.
Article 4 (Principles of deliberating on environmental impact evaluation document)
Deliberating on environmental impact evaluation documents properly is an important requirement of finding out the factors of environmental damage and preventing them in advance. The State shall ensure scientificity, objectivity, and fairness in deliberating on environmental impact evaluation documents.
Article 5 (Execution principles for environmental impact evaluation decisions)
Correctly implementing environmental impact evaluation decisions is a fundamental guarantee for environmental protection. The State shall strictly implement environmental impact evaluation decisions in the drafting of plans, development, and construction.
Article 6 (Investment principles)
The State shall strongly build the substantial and technical foundations of the environmental impact evaluation sector in conformity with the requirements of the information industry age and must modernize, scientize, and digitize environmental impact evaluation work.
Article 7 (Exchange and cooperation)
The State shall develop exchange and cooperation with other countries and international organizations in the environmental impact evaluation sector.
Article 8 (Subjects of application)
This law applies to institutions, enterprises, organizations and citizens that draft plans or do development or construction.
CHAPTER II. DRAFTING AND APPLICATION OF ENVIRONMENTAL IMPACT EVALUATION DOCUMENTS
Article 9 (Basic requirements of application for environmental impact evaluation document)
Drafting and applying for environmental impact evaluation documents properly is an important condition of being able to do an environmental impact evaluation correctly. Institutions, enterprises and organizations drafting plans or doing development and construction must correctly draft environmental impact evaluation documents to make an application.
Article 10 (Drafting institution for environmental impact evaluation document)
Drafting environmental impact evaluation documents shall be done by the plan drafting institution and the institutions, enterprises and organizations that commission the construction. As necessary, a scientific research institution or given specialist institution may be requested to draft an environmental impact evaluation document.
Article 11 (Investigations for drafting environmental impact evaluation documents)
Institutions, enterprises, organizations and citizens that draft an environmental impact evaluation document must investigate in detail and in totality things such as the state of the environment in the area concerned, the nature of the plan, development, or construction, and the environmental change that could arise as a result.
Article 12 (Drafting method for environmental impact evaluation document)
Drafting environmental impact evaluation documents related to plans shall be done in a form that gives environmental protection to the given plan, and the drafting of environmental impact evaluation documents related to development or construction shall be done by category according to the nature and scale of the subject.
Article 13 (Content to be reflected in environmental impact evaluation documents)
Content to be reflected in environmental impact evaluation documents is as follows.
1. The nature of the plan, development, or construction
2. The true state of the area in which the plan, development, or construction will be conducted
3. Materials that have forecasted and evaluated the influence that the plan, development, or construction will have on the environment
4. Measures to prevent or reduce negative influences in advance
Article 14 (Application period for environmental impact evaluation documents)
Application for an environmental impact evaluation document related to plans shall be done at the stage before deliberation of the draft plan that has been prepared, and application for an environmental impact evaluation document related to development, or construction shall be done at the stage before applying for the directive documents for construction location and the construction specifications.
Article 15 (Application for environmental impact evaluation document)
Drafted environmental impact evaluation documents shall be raised for the deliberation of the land environmental protection institution. Foreign country enterprises and foreigners doing development and construction in our country must submit an environmental impact evaluation document in the Korean language through an agency to the land environmental protection institution. In these cases, an agency must also submit a letter of attorney.
CHAPTER III. DELIBERATION ON ENVIRONMENTAL IMPACT EVALUATION DOCUMENT
Article 16 (Basic requirements of deliberating on environmental impact evaluation documents)
Deliberation on environmental impact evaluation documents is important work to review and treat environmental impact evaluation documents that have been raised. Deliberation on environmental impact evaluation documents shall be done by the land environmental protection institution. Land environmental protection institutions may organize an environmental impact evaluation committee with specialist workers in given sectors for deliberation on environmental impact evaluation documents for important subjects and subjects that will have a large influence on the environment.
Article 17 (Deliberation period for environmental impact evaluation documents)
The land environmental protection institution must deliberate on environmental impact evaluation documents within 30 days of the day of receipt. For important subjects and subjects that will have a large influence on the environment, the deliberation period may be prolonged a further 15 days.
Article 18 (Duty of land environmental protection institution in environmental impact evaluation)
The land environmental protection institution must deliberate on whether the environmental impact evaluation document was drafted in conformity with the environmental protection policy and environmental protection standards of the State.
Article 19 (Jurisdiction for deliberation of central land environmental protection guidance institution)
The subjects of deliberation of the central land environmental protection guidance institution in relation to environmental impact evaluation documents are as follows.
1. Nationwide overarching land construction plans, overarching important complexes land construction plans, and overarching construction plans approved by the Cabinet and by the State construction supervision institution
2. Subjects of development and construction taken on by central bodies, subjects where the State construction supervision institution approves of the design, equity or contractual joint venture enterprises, or foreign enterprises
3. Even if a subject of deliberation under the province (municipality directly under central authority) land environmental protection institution, any subjects that will have a large influence on the environment
Article 20 (Jurisdiction for deliberation of province (or municipality directly under central authority) land environmental protection institution)
The subjects of deliberation of province (or municipality directly under central authority) land environmental protection institution in relation to environmental impact evaluation documents are as follows.
1. Province (or municipality directly under central authority), city (or district), county overarching land construction plans and given construction plans by sector
2. Development or construction subjects taken on by province (or municipality directly under central authority), city (or district), county
Article 21 (Guarantee of conditions for deliberation on environmental impact evaluation documents)
Land environmental protection institutions may request materials required and the guarantee of conditions to deliberate on environmental impact evaluation documents from institutions, enterprises and organizations. Institutions, enterprises and organizations must assure in time the materials and conditions required by the land environmental protection institutions.
Article 22 (Deliberation and decision for environmental impact evaluation document)
Land environmental protection institutions shall deliberate on environmental impact evaluation documents and make decisions to approve or reject them, and must inform the given institutions, enterprises and organizations in writing of the results. In these cases, the reasons for the rejection must be stated.
Article 23 (Eradication of opinion raised during deliberation)
Institutions, enterprises and organizations who have received notification of rejection from the deliberation on their environmental impact evaluation documents may fix the defects pointed out and may raise an opinion that they be deliberated on again. Land environmental protection institutions must deliberate on the opinions raised and must inform the given institutions, enterprises and organizations of those results.
Article 24 (Cancellation of approval of environmental impact evaluation document)
In cases where the given plans have been changed, or three years have passed after the development or construction was approved but the execution has not commenced, land environmental protection institutions may cancel their approval. In these cases, the given institutions, enterprises and organizations must receive deliberation on environmental impact evaluation again.
CHAPTER IV. IMPLEMENTATION OF ENVIRONMENTAL IMPACT EVALUATION DECISIONS
Article 25 (Basic requirements of implementation of environmental impact evaluation decisions)
The implementation of environmental impact evaluation decisions is compulsory for institutions, enterprises, organizations and citizens. Institutions, enterprises, organizations and citizens must draft given plans, or do development or construction, according to the notification of approval of the environmental impact evaluation they have received.
Article 26 (Drafting of designs)
Given design institutions must correctly reflect the content raised in environmental impact evaluation decisions in their technical designs.
Article 27 (Measures for negative influences that have occurred)
In cases where a negative environmental impact has occurred in the plan drafting, development, and construction process, land environmental protection institutions must suspend that thing. In these cases, they have to take measures to eliminate negative influences.
Article 28 (Inspection of the implementation of environmental impact evaluation decisions)
Land environmental protection institutions must inspect the state of implementation of environmental impact evaluation decisions for subjects receiving pre-delivery inspection after completion of development and construction. A pass may not be given at pre-delivery inspections for development and construction subjects that have not implemented the requirements of environmental impact evaluation decisions.
Article 29 (Rejection of subjects that have not received environmental impact evaluation approval)
State construction supervision institutions, land environmental protection institutions, state planning institutions, financial banking institutions, and authorities concerned must not approve the plan, development, or construction of subjects that have not received environmental impact evaluations.
CHAPTER V. GUIDANCE AND CONTROL FOR ENVIRONMENTAL IMPACT EVALUATION WORK
Article 30 (Guidance for environmental impact evaluation work)
Guidance for environmental impact evaluation work shall be done by the central land environmental protection guidance institution under the standardized guidance of Cabinet. The central land environmental protection guidance institution must correctly adopt an environmental impact evaluation work system to properly command and guide environmental impact evaluation work.
Article 31 (Supervision and control)
Supervision and control for environmental impact evaluation work shall be done by the land environmental protection institution and the given supervision and control institution. Land environmental protection institutions and given supervision and control institutions must normally do supervision and control for environmental impact evaluations and the state of implementation of those decisions.
Article 32 (Suspension, damage compensation)
In cases where a plan has been drafted or development or construction has been done without having received an environmental impact evaluation or in violation of an evaluation decision, it shall be suspended or the given damage shall be compensated.
Article 33 (Administrative or criminal responsibility)
Responsible workers of institutions, enterprises and organizations and individual citizens who have caused grave consequences to environmental protection work in violation of this law shall have administrative or criminal responsibility imposed depending on the gravity.
Last updated 12 May 2021