"300,000 KRW Fine for Exceeding Light Emission Standards"... Amendment to Subordinate Legislation of the Light Pollution Prevention Act
[Asia Economy Reporter Kim Bo-kyung] The Ministry of Environment will announce a 40-day legislative notice starting from the 27th for the revision of the Enforcement Decree and Enforcement Rules of the "Light Pollution Prevention Act (빛공해방지법)" which mainly introduces the system of light pollution inspection agencies.
This revision was prepared to reflect the matters delegated by law to subordinate statutes following the amendment of the Light Pollution Prevention Act in November last year.
The main contents of this revision are as follows. Detailed standards such as designation requirements, procedures, and compliance matters for inspection agencies were established to introduce the system of light pollution inspection agencies that professionally inspect compliance with the light emission permissible standards under the Light Pollution Prevention Act.
With this revision, if local governments lack personnel for light pollution enforcement, they can request inspections from light pollution inspection agencies to respond proactively. Previously, when light pollution complaints were received by local governments, inspections of compliance with light emission permissible standards were conducted according to their own capabilities, but as the number of lighting fixtures subject to enforcement and the designation of lighting environment management zones increase, the demand for inspections is rising.
By having specialized institutions equipped with equipment and technical personnel capable of professionally measuring and inspecting illuminance and luminance according to the light emission permissible standards conduct inspections based on the light pollution fair test standards under the "Act on Environmental Testing and Inspection," the reliability of inspection results is ensured.
Additionally, to create a healthy light environment, the revision strengthens the effectiveness of administrative measures such as improvement orders by local governments and suspension or restriction of use of lighting facilities when exceeding the light emission permissible standards by reinforcing the criteria for fines.
To enhance the effectiveness of imposing fines, the fine amounts, which were excessively low compared to the maximum fine amounts stipulated by law, have been raised. For the first violation exceeding the light emission permissible standards, the minimum fine amount has been increased from 50,000 KRW to 300,000 KRW.
If inspection agencies fail to comply with obligations or do not fulfill reporting or data submission, or if related public officials unjustifiably refuse, obstruct, or evade entry and inspection, fines can be imposed.
Reflecting the legal amendments regarding delegation and consignment of authority, the designation and management authority of light pollution inspection agencies is delegated to the National Institute of Environmental Research, and technical support tasks necessary for the designation and management of lighting environment management zones are consigned to the Korea Environment Corporation.
The Ministry of Environment will disclose the detailed contents of the revision of the Enforcement Decree and Enforcement Rules on its website on the 27th and will collect and reflect opinions from stakeholders and the public during the legislative notice period.
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Ha Mina, Director of Environmental Health Policy at the Ministry of Environment, said, "This revision of the subordinate statutes of the Light Pollution Prevention Act will strengthen local inspection capabilities to actively respond to the increasing demand for light pollution measurement, and help the development of related industries such as equipment development and training of technical personnel necessary for light pollution inspection." She added, "It will also contribute to creating a healthy and pleasant environment through light pollution prevention."
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