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ENFORCEMENT DECREE OF THE ACT ON THE PROMOTION OF SAVING AND RECYCLING OF RESOURCES

Wholly Amended by Presidential Decree No. 17808, Dec. 18, 2002

Amended by Presidential Decree No. 18039, jun. 30, 2003

Presidential Decree No. 18267, Jan. 29, 2004

Presidential Decree No. 18312, Mar. 17, 2004

Presidential Decree No. 18428, jun. 11, 2004

Presidential Decree No. 18442, jun. 25, 2004

Presidential Decree No. 18593, Nov. 30, 2004

Presidential Decree No. 18611, Dec. 30, 2004

Presidential Decree No. 18863, jun. 13, 2005

Presidential Decree No. 19006, Aug. 17, 2005

Presidential Decree No. 19204, Dec. 28, 2005

Presidential Decree No. 19487, May 25, 2006

Presidential Decree No. 19494, May 30, 2006

Presidential Decree No. 19572, jun. 29, 2006

Presidential Decree No. 19971, Mar. 27, 2007

Presidential Decree No. 20088, jun. 11, 2007

Presidential Decree No. 20244, Sep. 6, 2007

Presidential Decree No. 20290, Sep. 27, 2007

Presidential Decree No. 20479, Dec. 28, 2007

Presidential Decree No. 20905, Jul. 3, 2008

Presidential Decree No. 21415, Apr. 6, 2009

Presidential Decree No. 21590, jun. 30, 2009

Presidential Decree No. 21626, Jul. 7, 2009

Presidential Decree No. 21676, Aug. 6, 2009

Presidential Decree No. 21904, Dec. 24, 2009

Presidential Decree No. 21958, Dec. 31, 2009

Presidential Decree No. 22395, Sep. 20, 2010

Presidential Decree No. 22497, Nov. 19, 2010

Presidential Decree No. 22535, Dec. 20, 2010

Presidential Decree No. 22715, Mar. 22, 2011

Presidential Decree No. 23966, Jul. 20, 2012

Presidential Decree No. 24155, Oct. 29, 2012

Presidential Decree No. 24331, Jan. 22, 2013

Presidential Decree No. 24451, Mar. 23, 2013

Presidential Decree No. 24638, jun. 28, 2013

Presidential Decree No. 24869, Nov. 20, 2013

Presidential Decree No. 25050, Dec. 30, 2013

Presidential Decree No. 25133, Jan. 28, 2014

Presidential Decree No. 25167, Feb. 11, 2014

Presidential Decree No. 25476, Jul. 16, 2014

Presidential Decree No. 25497, Jul. 21, 2014

Presidential Decree No. 25664, Oct. 22, 2014

Presidential Decree No. 25840, Dec. 9, 2014

Presidential Decree No. 26088, Feb. 3, 2015

Presidential Decree No. 26667, Nov. 26, 2015

Presidential Decree No. 26906, Jan. 19, 2016

Presidential Decree No. 27736, Dec. 30, 2016

Presidential Decree No. 27806, Jan. 26, 2017

Presidential Decree No. 27971, Mar. 29, 2017

Presidential Decree No. 28499, Dec. 26, 2017

 Article 1 (Purpose)
The purpose of this Decree is to provide for matters delegated by the Act on the Promotion of Saving and Recycling of Resources and those necessary for the enforcement thereof.
[This Article Wholly Amended by Presidential Decree No. 21415, Apr. 6, 2009]
 Article 2 Deleted. <by Presidential Decree No. 20479, Dec. 28, 2007>
 Article 3 (Designated By-Products)
“By-products prescribed by Presidential Decree" in subparagraph 4 of Article 2 of the Act on the Promotion of Saving and Recycling of Resources (hereinafter referred to as the "Act") refer to the following by-products:
1. Steel slag;
2. Coal ash.
[This Article Wholly Amended by Presidential Decree No. 21415, Apr. 6, 2009]
 Article 4 (Recycling Industry)
“Industries prescribed by Presidential Decree" in subparagraph 11 of Article 2 of the Act mean any of the following types of business:
1. A type of business for manufacturing recycled products;
2. A type of business falling under Article 31 (1) 2, 5, or 6 of the Act;
3. A type of business for collecting and transporting recyclable resources or conducting interim processes such as compressing, crushing or melting recyclable resources, supplying recyclers with the processed resources for the purpose of recycling;
4. Another type of business for recycling recyclable resources, which is deemed necessary and publicly notified by the Minister of Environment, after consultations with the heads of competent central administrative agencies.
[This Article Wholly Amended by Presidential Decree No. 21415, Apr. 6, 2009]
 Article 4-2 (Kinds of Bulky Wastes)
"Wastes prescribed by Presidential Decree" in subparagraph 13 of Article 2 of the Act means any of the following wastes discharged from households or places of business, as specified by Ordinance of the competent Special Self-Governing City, Special Self-Governing Province or Si/Gun/Gu: <Amended by Presidential Decree No. 25497, Jul. 21, 2014>
1. Electronic home appliances, furniture, household utensils, office equipment and supplies, air conditioners, or heaters;
2. Other wastes which make it difficult to be filled in a waste bag.
[This Article Wholly Amended by Presidential Decree No. 21415, Apr. 6, 2009]
 Article 5 (Disposable Goods)
"Goods prescribed by Presidential Decree" in subparagraph 15 of Article 2 of the Act mean products listed in attached Table 1.
[This Article Wholly Amended by Presidential Decree No. 21415, Apr. 6, 2009]
 Article 5-2 (Products Subject to Improvement of Materials or Structures)
“Products prescribed by Presidential Decree" in subparagraph 17 of Article 2 of the Act mean any of the following products:
1. Products or packing materials subject to mandatory recycling under Article 18;
2. Other products which need improvement of their recycling rate and are publicly notified by the Minister of Environment.
[This Article Newly Inserted by Presidential Decree No. 21415, Apr. 6, 2009]
 Articles 6 through 6-3 Deleted. <by Presidential Decree No. 28499, Dec. 26, 2017>
 Article 7 (Products That Must Meet Standards for Materials, Methods, etc. for Packing)
"Products prescribed by Presidential Decree" in Article 9 (1) of the Act means any of the following products: <Amended by Presidential Decree No. 21676, Aug. 6, 2009; Presidential Decree No. 24331, Jan. 22, 2013>
1. Products that must meet the standards for packing materials referred to in Article 9 (1) 1 of the Act: All products using packing materials;
2. Products that must meet the standards for packing methods referred to in Article 9 (1) 1 of the Act:
(a) Foodstuffs: Processed foods, beverages, liquor, confectionery, and health functional foods defined in subparagraph 1 of Article 3 of the Health Functional Foods Act (hereinafter referred to as “health functional foods”);
(b) Cosmetics (including air fresheners);
(c) Detergents;
(d) Sundry articles: Toys, dolls, stationary, and personal miscellaneous articles (limited to wallets and belts);
(e) Non-pharmaceutical products;
(f) Clothing: Shirts and underwear;
(g) Packaged goods (referring to those that come in a package of at least two minimum sale units of the same or different kinds of product. In such cases, a measuring tool exclusive for the main product or the components thereof, samples not for sale and gifts in small amount (not more than 30 grams or 30 ml), and articles for reference, such as instructions, specifications and notecards, shall not be deemed products constituting packaged goods): Primary foods, processed foods, beverages, liquor, confectionery, health functional foods, cosmetics, detergents, and miscellaneous personal articles;
3. Products that must meet the standards for annual reduction of packing materials made of synthetic resin referred to in Article 9 (1) 2 of the Act:
(a) Deleted; <by Presidential Decree No. 26667, Nov. 26, 2015>
(b) Apples and pears traded at any agricultural and fishery products wholesale market, agricultural and fishery products joint market, private agricultural and fishery products wholesale market, or integrated distribution center of agricultural and fishery products defined in Article 2 of the Act on Distribution and Price Stabilization of Agricultural and Fishery Products;
(c) Vegetables, fruits, livestock products, and fishery products, sold at any store with an area of at least 165 square meters;
(d) Deleted; <by Presidential Decree No. 26667, Nov. 26, 2015>
(e) Deleted. <by Presidential Decree No. 21958, Dec. 31, 2009>
[This Article Wholly Amended by Presidential Decree No. 21415, Apr. 6, 2009]
 Article 8 (Types of Business, etc. Subject to Control of Use of Disposable Products)
(1) "Types of business specified by Presidential Decree" in Article 10 (1) 2 of the Act means the food manufacturing or processing business, and instantly-available food manufacturing or processing business under subparagraphs 1 and 2 of Article 21 of the Enforcement Decree of the Food Sanitation Act being operated in large stores defined in subparagraph 3 of Article 2 of the Distribution Industry Development Act.
(2) "Facilities or types of business specified by Presidential Decree" in Article 10 (1) 6 of the Act means the following facilities or types of business:
1. Wholesale trade and retail trade according to the Korean Standard Industrial Classification (hereinafter referred to as "Standard Industrial Classification") publicly notified by the Commissioner of the Statistics Korea pursuant to the Statistics Act;
2. Financial business, insurance and pension business, securities and futures brokerage business, real estate leasing and supply business, advertising agency business, other educational institutions among educational service business, cinema business, and performing art business according to the Standard Industrial Classification.
(3) Where a food service provider under Article 36 (1) 3 of the Food Sanitation Act provides food to condolers attending a funeral rite pursuant to Article 10 (2) 3 of the Act, and fixed cooking facilities and washing facilities exist in the same space in which food is provided (referring to a space partitioned with walls on all sides; a space partitioned by transparent screens, etc., through which the inside can be seen shall be deemed the same space), no disposable products shall be used or provided without cost.
(4) "Cases prescribed by Presidential Decree" in Article 10 (2) 4 of the Act means the following cases: <Amended by Presidential Decree No. 25497, Jul. 21, 2014>
1. Where a business operator enters into an agreement with the Minister of Environment to voluntarily reduce the use of disposable products and fulfills the agreement;
2. Where the area of a business place is less than 150 square meters, and a recovery facility is installed and at least 90% of disposable products used in the place of business are recovered and reused;
3. Where the area of a store is 33 square meters or less in the case of wholesale business or retail business under paragraph (2) 1: Provided, That where an ordinance of the Special Self-Governing City, Special Self-Governing Province or a Si/Gun/Gu prescribes the area of a store to be less than 33 square meters, the area shall be the same as or less than the area prescribed by the relevant ordinance;
4. Where standards publicly notified by the Minister of Environment, in consideration of the quantity of disposable products used, inevitability of use of disposable products, etc., are met.
[This Article Wholly Amended by Presidential Decree No. 25167, Feb. 11, 2014]
 Article 9 (Development Projects subject to Examination on Recyclability of Resources)
"Project prescribed by Presidential Decree such as urban development projects referred to in Article 2 (1) 2 of the Urban Development Act" in the part other than subparagraphs of Article 11 (1) of the Act means any of the following projects, among projects subject to environmental impact assessment under Article 22 (1) of the Environmental Impact Assessment Act: <Amended by Presidential Decree No. 23966, Jul. 20, 2012>
1. Urban development projects;
2. Industrial sites and industrial complex development projects;
3. Harbor construction projects;
4. Road construction projects;
5. Airport construction projects;
6. Tourism complex construction projects;
7. Development projects for specific areas;
8. Sports facility installation projects;
9. Installation projects of waste treatment facilities;
10. Installation projects of national defense and military facilities.
[This Article Newly Inserted by Presidential Decree No. 21415, Apr. 6, 2009]
 Article 10 (Items Subject to Imposition of Waste Charges and Subject to Reduction of and/or Exemption from Waste Charges)
(1) "Products, materials, and containers prescribed by Presidential Decree" in Article 12 (1) of the Act means the following: <Amended by Presidential Decree No. 22395, Sep. 20, 2010; Presidential Decree No. 22535, Dec. 20, 2010; Presidential Decree No. 24869, Nov. 20, 2013>
1. Insecticides contained in a glass bottle or plastic container (excluding pesticides defined in subparagraph 1 of Article 2 of the Pesticide Control Act) and toxic products contained in a metal can, glass bottle, or plastic container;
2. Antifreeze liquid (limited to antifreeze liquid for motor vehicles defined in subparagraph 1 of Article 2 of the Motor Vehicle Management Act, vehicles governed by the Act on the Management of Military Supplies, construction machinery defined in Article 2 (1) 1 of the Construction Machinery Management Act, and agricultural machinery defined in subparagraph 1 of Article 2 of the Agricultural Mechanization Promotion Act);
3. Chewing gums;
4. Disposable diapers;
5. Cigarettes (excluding cigarettes sold at 200 won or less, and those eligible for exemption from or refund of the tobacco consumption tax pursuant to Articles 53, 54 or 63 of the Local Tax Act);
6. Products made of plastics, and manufactured or imported by a person running a manufacturing business, whose type is specified in attached Table 1-2, or a wholesaler or retailer (referring to finished products distributed in the market for sale to consumers): Provided, That textiles made of synthetic resin shall be excluded herefrom.
(2) Notwithstanding paragraph (1), any of the following products, materials, and containers shall be excluded from the category of products, materials, and containers referred to in paragraph (1): <Amended by Presidential Decree No. 22535, Dec. 20, 2010; Presidential Decree No. 24155, Oct. 29, 2012; Presidential Decree No. 24331, Jan. 22, 2013; Presidential Decree No. 24869, Nov. 20, 2013; Presidential Decree No. 25644, Oct. 22, 2014; Presidential Decree No. 27971, Mar. 29, 2017>
1. Products, materials, and containers produced or imported by any manufacturer or importer for export;
2. Samples of products, materials, and containers imported for research by any institution or organization referred to in Article 14 (1) of the Basic Research Promotion and Technology Development Support Act;
3. Any of the following plastic products referred to in paragraph (1) 6:
(a) Plastic products produced by a manufacturer of plastic products whose annual turnover is less than 1 billion won;
(b) Plastic products imported by an importer whose annual import amount is less than 90,000 U.S. dollars;
(c) Products produced by a business operator whose annual consumption of plastics does not exceed 10,000 kilograms and their packing materials;
(d) Products imported by an importer, which contain plastics whose annual volume does not exceed 3 tons;
(e) Any of the following products whose owners have obligations imposed following acquisition, keeping, use, and disposal thereof:
(i) Motor vehicles (excluding two-wheeled vehicles) defined in subparagraph 1 of Article 2 of the Motor Vehicle Management Act;
(iii) Construction machinery defined in Article 2 (1) 1 of the Construction Machinery Management Act;
(iv) Korean ships referred to in Article 2 of the Ship Act;
(v) Fishing vessels defined in subparagraph 1 of Article 2 of the Fishing Vessels Act;
(vi) Aircraft registered pursuant to Article 7 of the Aviation Safety Act;
(vii) Railroad cars managed by a business operator licensed pursuant to Article 5 of the Railroad Service Act;
(viii) Disposable syringes, intravascular administration sets, intravascular tubes, catheters, haemodialysis catheterization kits, direct infusion devices, evacuated blood collection tubes, blood collection sets, disposable needles and disposable blood collection needles classified as the medical devices defined in Article 2 (1) of the Medical Devices Act;
(ix) Disposable diapers supplied to medical institutions;
(f) Products manufactured by a manufacturer or importer (including an organization of business operators) who has concluded and implemented a voluntary agreement with the Minister of Environment on the method of implementation pursuant to Articles 17 through 19 of the Act, with regard to recovery and recycling of wastes.
[This Article Wholly Amended by Presidential Decree No. 21415, Apr. 6, 2009]
 Article 11 (Standards for Calculation of Waste Charges)
The standards for the calculation of expenses that a manufacturer or importer shall pay in accordance with Article 12 (1) of the Act are prescribed in attached Table 2.
[This Article Wholly Amended by Presidential Decree No. 21415, Apr. 6, 2009]
 Article 12 (Calculation, Imposition, etc. of Waste Charges)
(1) Any manufacturer or importer who is obligated to pay a waste charge in compliance with Article 12 (1) of the Act shall submit to the Minister of Environment data regarding the performances of delivery or import of products, materials and containers for the previous year by no later than March 31 each year, as prescribed by Ordinance of the Ministry of Environment. <Amended by Presidential Decree No. 24155, Oct. 29, 2012>
(2) The Minister of Environment shall determine amounts of waste charges by multiplying by the charge calculation index under paragraph (3), an amount calculated by applying standards for the calculation under attached Table 2 to the performances of delivery or import of products, materials and containers which have been submitted in compliance with paragraph (1). <Amended by Presidential Decree No. 24155, Oct. 29, 2012>
(3) The charge calculation index for the first applicable year is set at one, and the charge calculation index for each year thereafter shall be determined by multiplying the charge calculation index for the previous year by the price fluctuation index publicly notified by the Minister of Environment, taking into consideration the inflation rate for the previous year and other relevant factors: Provided, That the charge calculation index for cases under Article 10 (1) 3 is set at one.
(4) The Minister of Environment shall give a notice of payment of waste charges calculated in accordance with paragraph (2), to a relevant manufacturer or importer by no later than April 30 each year, as prescribed by Ordinance of the Ministry of Environment. In such cases, it may be allowed to pay the waste charges in installments on a quarterly basis, as prescribed by Ordinance of the Ministry of Environment. <Amended by Presidential Decree No. 24155, Oct. 29, 2012>
(5) A manufacturer or importer shall, upon receiving a notice of payment of a waste charge under paragraph (4), pay the waste charge by no later than May 20 of the pertinent year: Provided, That any person allowed to pay the waste charges in installments in accordance with the latter part of paragraph (4) shall pay them on or before a deadline set for each quarter, as prescribed by Ordinance of the Ministry of Environment. <Amended by Presidential Decree No. 24155, Oct. 29, 2012>
[This Article Wholly Amended by Presidential Decree No. 21415, Apr. 6, 2009]
 Article 13 (Ratio of Recovery and Recycling of Plastic Products, etc. Eligible for Exemption from Waste Charges)
(1) The ratio of recovery and recycling for a manufacturer or importer of products, materials and containers using plastics as their materials to be eligible for exemption from waste charges under Article 12 (2) 2 of the Act shall refer to a ratio not lower than that classified as follows:
1. Plastic products, materials and containers for building: 20/100 of the annual quantity of delivery or import;
2. Other plastic products, materials and containers: 80/100 of the annual quantity of delivery or import.
(2) A person who intends to apply for exemption from waste charges under paragraph (1) shall submit an application for exemption from waste charges in a form prescribed by Ordinance of the Ministry of Environment to the Minister of Environment, appending thereto the data, etc. verifying the performances of recovery and recycling conducted in the method of recovery and recycling prescribed by Ordinance of the Ministry of Environment.
(3) Upon receiving an application under paragraph (2), the Minister of Environment shall confirm the performances of delivery and import, and the state of recovery and recycling conducted by the manufacturer or importer through an on-spot inspection, etc. as prescribed by Ordinance of the Ministry of Environment and notify the results thereof to the applicant.
(4) Where the performances of recovery and recycling by a manufacturer or importer is less than a ratio classified in each subparagraph of paragraph (1), the Minister of Environment shall reduce the amount of waste charges corresponding to the quantity recovered and recycled.
[This Article Newly Inserted by Presidential Decree No. 24331, Jan. 22, 2013]
 Article 14 (Procedures, etc. for Settlement of Waste Charges Payable by Importers)
Where an importer exports the whole or part of products, materials, or containers imported, the Minister of Environment shall, upon receiving a request from the importer, return the corresponding waste charges to the importer within 14 days from the date when such request is filed, as prescribed by Ordinance of the Ministry of Environment. <Amended by Presidential Decree No. 24155, Oct. 29, 2012>
[This Article Wholly Amended by Presidential Decree No. 21415, Apr. 6, 2009]
 Article 14-2 (Reimbursement of Collection Expenses)
(1) The Minister of Environment shall, if he/she has entrusted the Korea Environment Corporation under the Korea Environment Corporation Act (hereinafter referred to as the "Korea Environment Corporation") with the task of collecting waste charges and additional dues pursuant to Article 12 (7) of the Act, pay the Korea Environment Corporation, as collection expenses, an amount equivalent to 10/100 of the waste charges or additional dues collected by the Corporation. <Amended by Presidential Decree No. 21904, Dec. 24, 2009; Presidential Decree No. 24331, Jan. 22, 2013>
(2) The Minister of Environment shall settle collection expenses every month under paragraph (1) for waste charges and additional dues paid to a special account for environmental improvement under the Act on Special Accounts for Environmental Improvement and pay them to the Korea Environment Corporation by no later than the end of the following month. <Amended by Presidential Decree No. 21904, Dec. 24, 2009>
[This Article Wholly Amended by Presidential Decree No. 21415, Apr. 6, 2009]
 Article 14-3 (Period, Procedures, etc. for Deferment of Collection and Installment Payment of Waste Charges)
(1) The period for deferment of collection under Article 12-2 (1) of the Act shall be six months from the date following a deadline for payment; the period for installment payments, and the amount of installment payments during such period may be determined by the Minister of Environment.
(2) Where the collection of waste charges is deemed impracticable even within the period for deferment of collection under paragraph (1) because any of the grounds prescribed under the subparagraphs of Article 12-2 (1) of the Act continues to exist, the Minister of Environment may extend the period for deferment of collection only once. In such cases, an extension shall not exceed six months from the date following a deadline for the deferment of collection under paragraph (1).
(3) When the Minister of Environment defers collection pursuant to Article 12-2 (1) of the Act or extends the period for deferment of collection pursuant to paragraph (2), he/she may request security equivalent to the amount of deferment.
(4) A person who intends to be eligible for deferment of collection or to make installment payments pursuant to Article 12-2 (1) of the Act or to obtain an extension of the period for deferment of collection pursuant to paragraph (2) shall file an application for deferment of collection, installment payments or extension of a period for deferment of collection with the Minister of Environment.
(5) Upon receipt of a request under paragraph (4), the Minister of Environment shall notify the relevant applicant of whether approval is granted, as prescribed by Ordinance of the Ministry of Environment.
(6) Where any of following applies to a person liable to pay waste charges, the Minister of Environment shall revoke the deferment of collection under Article 12-2 (1) of the Act and collect the waste charges, the collection of which has been deferred, in lump sum:
1. Where the deferment of collection is granted by means of installment payment, and no installment payment is made by a designated deadline;
2. Where an order of the Minister of Environment necessary for the modification of security or preservation of security is not observed;
3. Where the deferment of collection is deemed unnecessary due to the fluctuation of property condition or changes in other situations.
(7) Where the Minister of Environment revokes the deferment of collection pursuant to paragraph (6), he/she shall notify the person liable to pay waste charges of such fact.
[This Article Newly Inserted by Presidential Decree No. 25167, Feb. 11, 2014]
 Article 14-4 (Exceptions to Collection of Waste Charges)
"Amount prescribed by Presidential Decree" in Article 12-2 (2) of the Act means ten thousand won.
[This Article Newly Inserted by Presidential Decree No. 25167, Feb. 11, 2014]
 Article 14-5 (Notice of Collection before Deadline for Payment)
If the Minister of Environment intends to collect waste charges before a deadline for payment pursuant to Article 12-2 (4) of the Act, he/she shall give notice of a modified deadline for payment and grounds therefor to persons liable to pay waste charges.
[This Article Newly Inserted by Presidential Decree No. 25167, Feb. 11, 2014]
 Article 14-6 (Scope of Waste Dischargers)
(1) “Owners, occupants, or managers of land or buildings prescribed by Presidential Decree" in Article 12-3 (1) of the Act means any of the following that discharge wastes (excluding designated wastes; the same shall apply hereinafter) in the course of conducting business: <Amended by Presidential Decree No. 25167, Feb. 11, 2014>
1. An owner, occupant, or manager of a building with a gross floor area of at least 1,000 square meters;
2. An owner, occupant, or manager of a parcel of land, from which at least 300 kilograms of wastes on average are discharged each day, or at least five tons of wastes are discharged due to a series of construction projects, other works, etc.
(2) When applying paragraph (1), at least two buildings on sites bordering one another and owned by the same person shall be deemed a single building.
[This Article Newly Inserted by Presidential Decree No. 21415, Apr. 6, 2009]
 Article 15 (Examination, etc. of Performance of Products Delivery)
(1) In any of the following cases, the Minister of Environment may have public officials in charge examine and verify the performances of delivery or import of products, materials and containers of a manufacturer or importer thereof, in accordance with Article 36 of the Act: <Amended by Presidential Decree No. 24155, Oct. 29, 2012>
1. Where a manufacturer or importer fails to submit data regarding the performances of delivery or import of products, materials and containers under Article 12 (1);
2. Deleted; <by Presidential Decree No. 24155, Oct. 29, 2012>
3. Where there is a discrepancy between an amount already paid as a waste charge and an amount owed as a waste charge, or the Minister of Environment deems it necessary to examine and verify on any other ground.
(2) If it is discovered as a result of the examination and verification under paragraph (1) that the relevant manufacturer or importer owes a waste charge or an amount already paid is less than an amount owed, the Minister of Environment shall notify the manufacturer or importer of its request for paying the waste charge payable or the differences. In such cases, the waste charge payable or the differences shall be calculated by applying Article 12 (2) mutatis mutandis, and the period of the payment shall not exceed 20 days from the day on which the payment notice is issued. <Amended by Presidential Decree No. 24155, Oct. 29, 2012>
[This Article Wholly Amended by Presidential Decree No. 21415, Apr. 6, 2009]
 Article 15-2 (Establishment of Recycling Centers and Standards for Facilities)
A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to the head of a Gu; hereinafter the same shall apply) shall comply with the following standards in establishing a recycling center pursuant to Article 13-2 (6) of a Act: Provided, That such standards need not be complied with in cases of an area in a Gun where there is no city formed with a population of at least 30,000 people: <Amended by Presidential Decree No. 25497, Jul. 21, 2014; Presidential Decree No. 28499, Dec. 26, 2017>
1. The total floor area of a recycling center for used-goods showroom shall be at least 150 square meters;
2. A separate space shall be available for repairing or other work for used goods;
3. At least one separate warehouse shall be available for keeping used goods not on display;
4. There shall be a space in which operators and managers of a recycling center as well as visitors can rest within a space for used goods showroom;
5. At least one vehicle shall be available for collecting and transporting used goods;
6. An employee shall be in charge of exchanges and sales, an employee in charge of repairs, and a person in charge of collection and transportation.
[This Article Wholly Amended by Presidential Decree No. 21415, Apr. 6, 2009]
 Article 16 (Products and Packing Materials with Mark of Separate Discharge)
"Products and packing materials prescribed by Presidential Decree" in Article 14 of the Act means the following products and packing materials: <Amended by Presidential Decree No. 21958, Dec. 31, 2009; Presidential Decree No. 27736, Dec. 30, 2016>
1. Packing materials provided for in subparagraphs 1 through 3 of Article 18: Provided, That the following packing materials shall be excluded herefrom:
(a) Containers of products for which a deposit for empty container under Article 15-2 (hereinafter referred to as "container deposits") is included the price thereof;
(b) Film- and sheet-type packing materials which do not have any mark, such as printing, engraving, or labeling on their surfaces;
(c) Packing materials that meet the standards determined and publicly notified by the Minister of Environment, such as packing materials on which it is difficult to mark separate discharge due to surface area, capacity, or material;
2. Other products and packing materials made of paper, metal, glass, or plastic and designated by the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment.
[This Article Wholly Amended by Presidential Decree No. 21415, Apr. 6, 2009]
 Article 17 (Containers Subject to Imposition of Deposit for Empty Containers)
"Products prescribed by Presidential Decree" in Article 15-2 (1) of the Act means the following products contained in a repeatedly reusable glass container: <Amended by Presidential Decree No. 26906, Jan. 19, 2016>
1. Following liquor:
(a) Fermented liquor referred to in subparagraph 2 of Article 4 of the Liquor Tax Act;
(b) Distilled liquor referred to in subparagraph 3 of Article 4 of the Liquor Tax Act;
2. Drinks;
3. Drinking water defined in subparagraph 1 of Article 3 of the Drinking Water Management Act.
[This Article Wholly Amended by Presidential Decree No. 21415, Apr. 6, 2009]
 Article 18 (Products and Packing Materials Subject to Mandatory Recycling)
"Products and packing materials prescribed by Presidential Decree" in Article 16 (1) of the Act means the following: Provided, That excluded herefrom are products and packing materials manufactured or imported by a manufacturer or an importer for exportation, samples of products and packing materials imported for research purposes by an institution or organization referred to in Article 14 (1) of the Basic Research Promotion and Technology Development Support Act, and products and packing materials returned and destroyed: <Amended by Presidential Decree No. 21958, Dec. 31, 2009; Presidential Decree No. 22497, Nov. 19, 2010; Presidential Decree No. 22535, Dec. 20, 2010; Presidential Decree No. 22715, Mar. 22, 2011; Presidential Decree No. 24869, Nov. 20, 2013; Presidential Decree No. 25133, Jan. 28, 2014; Presidential Decree No. 25476, Jul. 16, 2014; Presidential Decree No. 26667, Nov. 26, 2015; Presidential Decree No. 26906, Jan. 19, 2016; Presidential Decree No. 27736, Dec. 30, 2016; Presidential Decree No. 27806, Jan. 26, 2017>
1. Paper packaging (limited to paper packaging to which the synthetic resin foil or aluminum foil is attached) used for packing the following products (referring to the products at the final stage of distribution on the market for sale to consumers), glass bottles, metal cans, packing materials of synthetic resin (including containers, packing materials in film or sheet and trays, but excluding the packing materials of products referred to in the items of subparagraph 2):
(a) Foodstuffs (referring to foods listed in the code of food, etc. under Article 14 of the Food Sanitation Act, health functional foods listed in the code of functional health foods under Article 19 of the Health Functional Foods Act, processed meat, processed dairy products, and processed egg products defined in subparagraphs 8 through 10 of Article 2 of the Livestock Products Sanitary Control Act, and drinking water defined in subparagraph 1 of Article 3 of the Drinking Water Management Act);
(b) Agricultural, fishery, and livestock products (limited to the primary products, excluding foodstuffs referred to in item (a));
(c) Detergents (referring to toothpaste and soap under the Standard Industrial Classification and soap and detergents manufactured by other detergent manufacturers);
(d) Cosmetics permitted under the Cosmetics Act and shampoos and conditioners for pet animals;
(e) Medicines and non-pharmaceutical products permitted under the Pharmaceutical Affairs Act (excluding PTP-packed products in a vial or an ampoule containing 30 milliliters or 30 grams or less, products not packed in a bottle containing 30 milliliters or 30 grams or less, except insecticide and germicide, and medicines discharged as medical wastes defined in subparagraph 5 of Article 2 of the Wastes Control Act);
(f) Butane gas products;
(g) Insecticide and germicide (referring to insecticide and germicide produced by manufacturers of insecticide and germicide for home use under the Standard Industrial Classification, but excluding pesticides defined in subparagraph 1 of Article 2 of the Pesticide Control Act);
(h) Apparel (referring to apparel and accessories therefor manufactured by manufacturers of sewing apparel, woven apparel and accessories for apparel under the Standard Industrial Classification);
(i) Paper products (referring to paper products manufactured by manufacturers of sanitary paper products under the Standard Industrial Classification);
(j) Rubber gloves (referring to rubber gloves for household use among rubber gloves manufactured by manufacturers of rubber wear and other sanitary rubber products under the Standard Industrial Classification);
(k) Antifreeze, brake liquids, and lubricating oil referred to in subparagraph 6 (limited to packing materials made of synthetic resin);
(l) Products other than those referred to in items (a) through (k) (limited to packing materials made of synthetic resin, but excluding plastic containers referred to in Article 10 (1) 1 and medical devices for external diagnosis among medical devices under the Medical Devices Act);
2. Packing materials made of synthetic resins which are used for packing the following products (referring to packing materials in forms of film and sheet and shock-absorbing materials made of synthetic resin foam):
(a) Electrical machinery, audio or video appliances, information and office equipment among electrical appliances subject to safety certification and electrical appliances subject to safety confirmation defined in subparagraphs 10 (a) and 11 (a) of Article 2 of the Electric Appliances and Consumer Products Safety Control Act;
(b) Personal computers (including monitors and keyboards);
3. Disposable bags and shopping bags made of synthetic resin (excluding pay-as-you-go waste bags);
4. The following batteries (including batteries contained as a component or part of any product listed in attached Table 3):
(a) Mercury batteries;
(b) Oxidized silver batteries;
(c) Nickel-cadmium batteries;
(d) Lithium batteries (limited to primary batteries);
(e) Manganese batteries and alkaline manganese batteries;
(f) Nickel-hydrogen batteries;
5. Tires used for the following vehicles and machines:
(a) Motor vehicles defined in subparagraph 1 of Article 2 of the Motor Vehicle Management Act;
(b) Vehicles subject to the Act on the Management of Military Supplies;
(d) Agricultural equipment defined in subparagraph 1 of Article 2 of the Agricultural Mechanization Promotion Act;
6. Lubricating oil used for the following vehicles and machines:
(a) Motor vehicles defined in subparagraph 1 of Article 2 of the Motor Vehicle Management Act (excluding two-wheeled motor vehicle with engines working in four-strokes of intake, compression, explosion, and exhaust by a one-stroke crankshaft);
(b) Vehicles subject to the Act on the Management of Military Supplies;
(d) Agricultural equipment defined in subparagraph 1 of Article 2 of the Agricultural Mechanization Promotion Act;
(e) Korean ships (excluding deep-sea vessels) defined in Article 2 of the Ship Act;
(f) Fishing vessels (excluding deep-sea fishing vessels) defined in Article 2 (1) of the Fishing Vessels Act;
7. Fluorescent lamps (including half-finished lamps for manufacturing fluorescent lamps containing mercury);
8. Buoys for farming marine products (referring to buoys for farming marine products specified in the Korean Industrial Standards publicly notified under Article 11 of the Industrial Standardization Act);
9. Sheet film (referring to plastics made of synthetic resin used for compressing and binding forage crops, rice straws, etc.) for baled silage;
10. Racks of synthetic resin mats (referring to racks used to dry laver among marine products defined in subparagraph 7 of Article 3 of the Framework Act on Fisheries and Fishing Villages Development);
11. Other products and packing materials approved by the Minister of Environment, that manufacturers intend to recover and recycle through the association of such manufacturers.
[This Article Wholly Amended by Presidential Decree No. 21415, Apr. 6, 2009]
 Article 19 (Producers Obligated to Recycle Packing Materials)
The term "place of business for the type of business of the size prescribed by Presidential Decree" in Article 16 (1) of the Act means a place of business prescribed in attached Table 4.
[This Article Wholly Amended by Presidential Decree No. 21415, Apr. 6, 2009]
 Article 20 (Entrustment of Recovery and Recycling)
"Persons prescribed by Presidential Decree" in Article 16 (2) 2 (c) of the Act mean the following persons: <Amended by Presidential Decree No. 24869, Nov. 20, 2013>
1. A business operator who manufactures recycled products;
2. A designated recycling business operator under Article 23 (1) of the Act (hereinafter referred to as "designated recycling business operator");
3. A person who installs and operates a waste disposal facility under Article 4 or 5 of the Wastes Control Act;
4. Deleted; <by Presidential Decree No. 24869, Nov. 20, 2013>
5. A person who has obtained approval for the installation of a waste disposal facility or has filed a report on the installation of such facility pursuant to Article 29 (2) of the Wastes Control Act;
6. A person who exports products subject to recycling among traders defined in subparagraph 3 of Article 2 of the Foreign Trade Act;
7. Deleted; <by Presidential Decree No. 24869, Nov. 20, 2013>
8. Other persons engaged in recycling business, publicly notified by the Minster of Environment.
[This Article Wholly Amended by Presidential Decree No. 21415, Apr. 6, 2009]
 Article 21 (Protection of Persons Entrusted with Recovery and Recycling)
When a producer obligated to recycle under Article 16 (1) of the Act (hereinafter referred to as "producer obligated to recycle") or a recycling business mutual aid cooperative under Article 27 (1) of the Act (hereinafter referred to as "cooperative") entrusts the recovery and recycling of products and packing materials pursuant to Article 16 (3) of the Act, a contract shall be concluded so as not to intrude on the business areas of small and medium enterprises protected under the Act on the Promotion of Collaborative Cooperation between Large Enterprises and Small-Medium Enterprises, but to reflect appropriate expenses for recovery and recycling therein and protect rights and interests of a person entrusted with the recovery and recycling of the products and packing materials. <Amended by Presidential Decree No. 24869, Nov. 20, 2013; Presidential Decree No. 26906, Jan. 19, 2016>
[This Article Wholly Amended by Presidential Decree No. 21415, Apr. 6, 2009]
 Article 22 (Calculation and Public Notification of Mandatory Recycling Rate)
(1) The Minister of Environment shall calculate a rate at which each producer obligated to recycle shall recycle (hereinafter referred to as "mandatory recycling rate") out of the quantity of products and packing materials delivered (referring to an imported quantity for an importer and a quantity sold for a distributor; the same shall apply hereinafter) for each type of products and packing materials in accordance with guidelines for calculation in attached Table 5 and publicly notify the rate subject to prior consultations with the competent Minister before the beginning of each year.
(2) Every producer obligated to recycle shall submit to the Minister of Environment data about the quantity of products and packing materials delivered in the previous year, as prescribed by Ordinance of the Ministry of Environment, by no later than April 15 each year: Provided, That any manufacturer reusing empty containers referred to in the forepart of Article 15-2 (4) of the Act shall be excluded herefrom. <Amended by Presidential Decree No. 26906, Jan. 19, 2016>
(3) The Minister of Environment shall publicly notify a long-term target recycling rate every five years and reflect it in a mandatory recycling rate publicly notified pursuant to paragraph (1) so that producers obligated to recycle can facilitate collection and recycling of wastes throughout the stages from production and distribution to collection of products and packing materials.
(4) The Minister of Environment may, if he/she deems it necessary to revise a long-term target recycling rate under paragraph (3) to adapt to a change in conditions of recycling, revise such rate and give public notice thereof.
[This Article Wholly Amended by Presidential Decree No. 21415, Apr. 6, 2009]
 Article 23 (Mandatory Recycling Quantity by Producers Obligated to Recycle)
(1) The mandatory recycling quantity of each producer obligated to recycle (hereinafter referred to as "mandatory recycling quantity") under Article 17 (2) of the Act shall be calculated using the following formula: Mandatory recycling rate for each product or packing material under Article 22 (1) × Quantity of products or packing materials delivered in the pertinent year by the producer obligated to recycle.
(2) With respect to empty containers of products whose prices include deposits pursuant to Article 15-2 among products and packing materials subject to mandatory recycling under Article 18, notwithstanding the provisions of paragraph (1), the mandatory recycling quantity of each producer obligated to recycle such containers shall be the quantity equivalent to 80% of containers used for the relevant products during the pertinent year.
[This Article Wholly Amended by Presidential Decree No. 21415, Apr. 6, 2009]
 Article 24 (Submission of Plans to Fulfill Recovery and Recycling Obligations)
Every person set forth in Article 18 (1) of the Act shall submit to the Minister of Environment a plan to fulfill the recovery and recycling obligations pursuant to the same paragraph by no later than January 31 of the relevant year, along with documents specified by Ordinance of the Ministry of Environment: Provided, That any person who falls under Article 18 (1) 1 or 3 of the Act may submit such plan within 30 days (no later than December 31, if products and packing materials are delivered or imported initially on or after December 1) from the initial date of delivery or import of products and packing materials for the pertinent year (referring to the initial date of import declarations filed pursuant to Article 241 or 244 of the Customs Act). <Amended by Presidential Decree No. 24869, Nov. 20, 2013; Presidential Decree No. 26906, Jan. 19, 2016>
[This Article Wholly Amended by Presidential Decree No. 21415, Apr. 6, 2009]
 Article 25 (Approval of Plans to Fulfill Recovery and Recycling Obligations)
(1) Upon receipt of a plan to fulfill the recovery and recycling obligations pursuant to Article 24, the Minister of Environment shall determine whether to approve such plan and issue a letter of approval within 30 days, if he/she approves it, or notify the person who has submitted the plan to fulfill the recovery and recycling obligations of his/her disapproval and grounds therefor, if he/she does not approve it. <Amended by Presidential Decree No. 24869, Nov. 20, 2013; Presidential Decree No. 26906, Jan. 19, 2016>
(2) Any person that receives a notice of disapproval of his/her plan to fulfill the recovery and recycling obligations from the Minister of Environment pursuant to paragraph (1) shall submit a supplemented plan to fulfill the recovery and recycling obligations within 20 days from the date of receipt of such notice. <Amended by Presidential Decree No. 24869, Nov. 20, 2013; Presidential Decree No. 26906, Jan. 19, 2016>
(3) A person who has obtained approval pursuant to paragraph (1) shall, if there is a change in any matter specified by Ordinance of the Ministry of Environment among the details of a plan to fulfill the recovery and recycling obligations, submit to the Minister of Environment a revised plan to fulfill the recovery and recycling obligations within 30 days from the date of the change, along with documents proving such change. <Amended by Presidential Decree No. 24869, Nov. 20, 2013; Presidential Decree No. 26906, Jan. 19, 2016>
[This Article Wholly Amended by Presidential Decree No. 21415, Apr. 6, 2009]
 Article 26 (Submission of Reports on Outcomes of Fulfilling Recovery and Recycling Obligations)
Any person that has obtained approval of his/her plan to fulfill the recovery and recycling obligations pursuant to Article 25 shall submit to the Minister of Environment a report on the outcomes of fulfilling the recovery and recycling obligations by no later than April 30 of the following year pursuant to Article 18 (2) of the Act, along with documents specified by Ordinance of the Ministry of Environment including documents proving the performances of recovery and recycling. <Amended by Presidential Decree No. 24869, Nov. 20, 2013; Presidential Decree No. 26906, Jan. 19, 2016>
[This Article Wholly Amended by Presidential Decree No. 21415, Apr. 6, 2009]
 Article 27 (Recycling Costs)
(1) The costs incurred in recycling wastes, which serve as the basis for calculating the recycling due under Article 19 of the Act, (hereinafter referred to as "unit recycling cost") shall be calculated by multiplying the standard recycling cost in attached Table 6 by the index for calculating recycling costs publicly notified by the Minister of Environment.
(2) The index for calculating recycling costs under paragraph (1) for each year shall be a value obtained by multiplying the index for calculating recycling costs for the previous year by the inflation rate of the previous year.
[This Article Wholly Amended by Presidential Decree No. 21415, Apr. 6, 2009]
 Article 28 (Calculation, Imposition, etc. of Recycling Dues)
(1) Recycling dues provided for in Article 19 of the Act (hereinafter referred to as "recycling due") shall be calculated by multiplying the unit recycling cost by the quantity not recycled out of the mandatory recycling quantity and adding an additional dues calculated in accordance with attached Table 7 to the amount calculated by multiplying.
(2) Any producer obligated to recycle or a cooperative that has recycled wastes in excess of the mandatory recycling quantity may include the excess in the performances of recovery and recycling for the following year or for the year after the following year: Provided, That this shall be limited to cases where the mandatory recycling quantity is not fulfilled for the year in which the excess is intended to be included. <Amended by Presidential Decree No. 24869, Nov. 20, 2013; Presidential Decree No. 26906, Jan. 19, 2016>
(3) If any producer obligated to recycle or a cooperative fails to attain the mandatory recycling quantity, the Minister of Environment shall provide a notice of payment of the recycling due calculated in accordance with paragraph (1) by no later than July 30 each year, as prescribed by Ordinance of the Ministry of Environment. In such cases, the recycling due may be paid in installments as prescribed by Ordinance of the Ministry of Environment. <Amended by Presidential Decree No. 24155, Oct. 29, 2012; Presidential Decree No. 24869, Nov. 20, 2013>
(4) Any person who has received a notice of payment of recycling dues pursuant to paragraph (3) shall pay the recycling dues by no later than August 31 of the pertinent year: Provided, That a person who pays the recycling dues in installments pursuant to the latter part of paragraph (3) shall pay them by a deadline prescribed by Ordinance of the Ministry of Environment. <Amended by Presidential Decree No. 24155, Oct. 29, 2012; Presidential Decree No. 24869, Nov. 20, 2013>
[This Article Wholly Amended by Presidential Decree No. 21415, Apr. 6, 2009]
 Article 28-2 (Reimbursement of Collection Expenses)
(1) Where the Minister of Environment entrusts the Korea Environment Corporation with the task of collecting recycling dues or additional dues pursuant to Article 19 (6) of the Act, he/she shall grant the following amount to the Korea Environment Corporation to cover collection expenses: <Amended by Presidential Decree No. 21904, Dec. 24, 2009; Presidential Decree No. 24869, Nov. 20, 2013; Presidential Decree No. 25664, Oct. 22, 2014>
1. Where the proportion (hereinafter referred to as "proportion of collection") of actually collected amount among the recycling dues and additional dues imposed by the Minister of Environment pursuant to Article 19 (1) and (3) of the Act is below 60%: 10% of the collected recycling dues and additional dues;
2. Where the proportion of collection is at least 60%, but below 80%: 15% of the collected recycling dues and additional dues;
3. Where the proportion of collection is at least 80%: 20% of the collected recycling dues and additional dues.
(2) The Minister of Environment shall calculate collection expenses under paragraph (1) each month, out of recycling dues or additional dues deposited into the special accounts for environmental improvement under the Act on Special Accounts for Environmental Improvement, and reimburse the Korea Environment Corporation for collection expenses by the end of the following month. <Amended by Presidential Decree No. 21904, Dec. 24, 2009>
[This Article Wholly Amended by Presidential Decree No. 21415, Apr. 6, 2009]
 Article 29 (Inspection, etc. of Performances of Recovery and Recycling)
(1) The Minister of Environment may have relevant public officials to inspect and ascertain, in accordance with Article 36 of the Act, the quantity of delivery and the performances of recovery and recycling conducted by a producer obligated to recycle, a cooperative, or a person entrusted with recovery and recycling in any of the following cases: <Amended by Presidential Decree No. 24869, Nov. 20, 2013; Presidential Decree No. 26906, Jan. 19, 2016>
1. Where a producer obligated to recycle does not submit a report on the quantity of each product and packing material delivered pursuant to Article 22 (2);
2. Where any person set forth in subparagraphs of Article 18 (1) of the Act does not submit a report on the outcomes of fulfilling the recovery and recycling obligations;
3. Where there is a difference between the performances of recovery and recycling received pursuant to Article 26 and the actual outcomes of recovery and recycling;
4. Other cases where the Minister of Environment deems it necessary to inspect and ascertain.
(2) If it is found as a result of the inspection and ascertainment under paragraph (1) that a producer obligated to recycle or a cooperative owes any amount of recycling dues or that the amount already paid is less than an amount actually owed, the Minister of Environment shall notify the producer obligated to recycle or the cooperative to pay the unpaid recycling dues or the difference. In such cases, the unpaid recycling dues or the difference shall be calculated by applying mutatis mutandis Article 28 (1) and shall be paid within 30 days from the date on which a notice of payment is issued. <Amended by Presidential Decree No. 24869, Nov. 20, 2013>
[This Article Wholly Amended by Presidential Decree No. 21415, Apr. 6, 2009]
 Articles 30 and 30-2 Deleted. <by Presidential Decree No. 20479, Dec. 28, 2007>
 Article 31 Moved to Article 17.
 Article 32 (Types of Business Related to Designated Recycling Business Operator)
The term "type of business prescribed by Presidential Decree" in Article 23 (1) of the Act means any of the following types of business:
1. Manufacturing of paper;
2. Manufacturing of glass containers;
3. Manufacturing of iron or steel.
[This Article Wholly Amended by Presidential Decree No. 21415, Apr. 6, 2009]
 Article 33 (Basic Policies, etc. on Guidelines with which Designated Recycling Business Operators shall Comply)
The term "basic policies and procedures prescribed by Presidential Decree" in Article 23 (1) of the Act means the following policies and procedures:
1. The following persons, among designated recycling business operators, shall be encouraged to promote measures for recycling and any persons other than those specified in the following items, promote the measures step by step to suit their circumstances, considering the size of each enterprise, the status of recycling facilities, technical capability, possibility of recycling, and other relevant facts:
(a) Manufacturing of papers: Persons who produce at least 10,000 tons of paper per year;
(b) Manufacturing of glass containers: Persons who produce at least 20,000 tons of glass containers per year;
(c) Manufacturing of iron or steel: Persons who produce at least 100,000 tons of crude steel or pig iron per year;
2. Every designated recycling business operator shall meet the target utilization rate of recyclable resources and follow efficient methods and procedures of recycling prescribed by the guidelines pursuant to Article 23 (1), taking into account the quantities of recyclable resources generated and collected, the level of domestic technology for recycling, and the characteristics of products. Opinions of related organizations of business operators shall be reflected in determining the target utilization rate of recyclable resources;
3. Every designated recycling business operator shall prepare a utilization plan to meet the target utilization rate of recyclable resources and keep and preserve the record of the outcomes thereof;
4. Every designated recycling business operator shall encourage the use of recyclable resources domestically produced in substitution for those imported.
[This Article Wholly Amended by Presidential Decree No. 21415, Apr. 6, 2009]
 Article 34 Deleted. <by Presidential Decree No. 20479, Dec. 28, 2007>
 Article 35 (Basic Policies, etc. on Guidelines with which Business Operators Discharging Designated By-Products shall Comply)
The term "basic policies and procedures prescribed by Presidential Decree" in Article 25 (1) of the Act means the following policies and procedures:
1. The following persons, among business operators discharging designated by-products, shall be encouraged to promote recycling, and any persons other than those specified in the following items shall be encouraged to promote recycling step by step to suit their circumstances, considering the size of each enterprise, the status of recycling facilities, technical capability, possibility of recycling, and other relevant facts:
(a) Steel slag: Persons who produce at least 100,000 tons of crude steel or pig iron per year;
(b) Coal ash: Persons who supply at least 100 million kilowatts of electricity per year;
2. A business operator discharging designated by-products shall be encouraged to follow the recycling measures prescribed by the guidelines under Article 25 (1) of the Act, considering the nature and state of designated by-products, the characteristics of discharge, and the level of domestic technology, such as establishing and operating facilities for separating, crushing, screening, and recycling designated by-products, in order to promote the recycling of designated by-products;
3. A business operator discharging designated by-products shall be induced to facilitate the recycling of by-products by way of endeavoring to develop technology needed to recycle by-products and encouraging other types of business or other places of business to recycle by-products generated;
4. A business operator discharging designated by-products shall prepare a plan for recycling designated by-products, and keep and preserve the record of the outcomes thereof.
[This Article Wholly Amended by Presidential Decree No. 21415, Apr. 6, 2009]
 Article 35-2 (Improvement Orders to Installers and Operators of Manufacturing Facilities and Facilities to Use Solid Fuels)
(1) Where the Mayor of a Special Self-Governing City, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu intends to issue an improvement order under Article 25-8 (2) of the Act, he/she shall issue a written order stating following to the installer and operator of a relevant facility:
1. Grounds for the improvement order and details thereof;
2. The period to fulfill the improvement order;
3. The date scheduled for inspection and confirmation of the outcomes of fulfillment of the improvement order;
4. Considerations to be given regarding the fulfillment of the improvement order.
(2) The period of fulfillment under paragraph (1) 2 shall be determined by the Mayor of a Special Self-Governing City, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu within one year in consideration of the kinds and scale of facilities, details of measures necessary for improvement, etc.
(3) Upon receipt of a request from a person in receipt of an improvement order under Article 25-8 (2) of the Act, the Mayor of a Special Self-Governing City, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu may extend the period of fulfillment within six months. In such cases, he/she shall reissue a written order stating the matters referred to in the subparagraphs of paragraph (1).
[This Article Newly Inserted by Presidential Decree No. 25497, Jul. 21, 2014]
 Article 35-3 (Standards, Procedures, etc. for Imposition of Penalty Surcharges in Lieu of Prohibition Orders)
(1) Standards for imposing penalty surcharges under Article 25-11 (1) of the Act are as prescribed in attached Table 7-2.
(2) Where the Minister of Environment, the Mayor of a Special Self-Governing City, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu intends to impose a penalty surcharge pursuant to Article 25-11 (1), he/she shall specify grounds for imposition, amount of the penalty surcharge, etc. in detail, and give a written notice to a person subject to such penalty surcharge.
(3) A person, in receipt of the written notice under paragraph (2), shall pay the penalty surcharge to a collecting agency designated by the Minister of Environment, the Mayor of a Special Self-Governing City, the Governor of a Special Self-Governing Province, or the head of Si/Gun/Gu within 60 days after receipt of such written notice: Provided, That where he/she is unable to pay the penalty surcharge due to a natural disaster or an inevitable reason corresponding thereto, he/she shall pay the penalty surcharge within 30 days from the date such reason ceases to exist.
(4) A collecting agency, in receipt of a penalty surcharge pursuant to paragraph (3), shall issue a receipt to the payer, and notify, without delay, such fact to the Minister of Environment, the Mayor of a Special Self-Governing City, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu.
[This Article Newly Inserted by Presidential Decree No. 25497, Jul. 21, 2014]
 Article 35-4 (Procedures for Establishment of Korea Waste-to-Energy Association)
(1) A person who intends to obtain permission to establish the Korea Waste-to-Energy Association under Article 26 (1) of the Act shall submit an application containing the following matters, accompanied by a business plan, to the Minister of Environment:
1. Name;
2. Location of an office;
3. Name and address of a representative;
4. A list of members.
(2) Upon receipt of an application under paragraph (1), the Minister of Environment shall approve the establishment of the Korea Waste-to-Energy Association if it is deemed capable of performing the duties to increase conversion of waste into energy, and to improve related technologies after examining the details of such application.
(3) If necessary for granting permission to establish the Korea Waste-to-Energy Association under Article 26 (1) of the Act, the Minister of Environment may request necessary documents or explanation from the relevant applicant.
[This Article Newly Inserted by Presidential Decree No. 25497, Jul. 21, 2014]
 Article 35-5 (Matters to be Entered in Articles of Association of Korea Waste-to-Energy Association)
(1) Matters to be entered in the articles of association under Article 26 (4) of the Act are as follows:
1. Purpose;
2. Name;
3. Location of an office;
4. Details of business;
5. Matters concerning the rights and obligations of members;
6. Matters concerning the appointment and dismissal of executives;
7. Matters concerning general meetings and the board of directors;
8. Where the period of existence or reasons for dissolution are specified, such period or reasons.
(2) The Korea Waste-to-Energy Association, in receipt of permission pursuant to Article 35-4 (2), shall prepare the following documents and submit them to the Minister of Environment by the end of February of every year:
1. Reports on business accomplishments and settlement of accounts of revenues and expenditures during the previous year;
2. Business plan and budget for revenues and expenditures of the next year.
(3) Where the name of a representative or address is changed, the Korea Waste-to-Energy Association, in receipt of permission pursuant to Article 35-4 (2), shall make a report thereon to the Minister of Environment within 20 days from the date of such change.
[This Article Newly Inserted by Presidential Decree No. 25497, Jul. 21, 2014]
 Article 36 (Business Eligible for Development of Recycling Industry)
"Businesses prescribed by Presidential Decree" in Article 31 (1) 8 of the Act mean the following businesses: <Amended by Presidential Decree No. 24869, Nov. 20, 2013>
1. A recycling business under any of subparagraphs 2 through 4 of Article 4;
2. A business of selling recycled goods;
3. A business of designing and producing machinery, equipment, or recycling facilities for manufacturing products with recyclable resources.
[This Article Wholly Amended by Presidential Decree No. 21415, Apr. 6, 2009]
 Article 37 (Support for Exemplary Designated Recycling Business Operators)
The Minister of Environment may designate any designated recycling business operator who has achieved exceptional results in recovery and recycling as an exemplary designated recycling business operator. In such cases, the Government may preferentially support exemplary designated recycling business operators with a fund under Article 31 of the Act or in any other way. <Amended by Presidential Decree No. 24869, Nov. 20, 2013>
[This Article Wholly Amended by Presidential Decree No. 21415, Apr. 6, 2009]
 Articles 38 and 39 Deleted. <by Presidential Decree No. 18863, Jun. 13, 2005>
 Article 40 (Developers of Recycling Complexes)
"Person prescribed by Presidential Decree" in Article 34 (1) of the Act means any of the following persons: <Amended by Presidential Decree No. 21904, Dec. 24, 2009>
1. The Korea Environment Corporation;
2. Deleted; <by Presidential Decree No. 21904, Dec. 24, 2009>
3. The Sudokwon Landfill Site Management Corporation under the Act on the Establishment and Management of Sudokwon Landfill Site Management Corporation (hereinafter referred to as the "Sudokwon Landfill Site Management Corporation");
4. Small and medium business cooperatives established for the purpose of recycling under the Small and Medium Enterprise Cooperatives Act.
[This Article Wholly Amended by Presidential Decree No. 21415, Apr. 6, 2009]
 Article 41 (Development of Recycling Complexes)
Pursuant to Article 34 (3) of the Act, each of the Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, Do Governors, or the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") who intends to develop a recycling complex under paragraph (1) of the same Article (hereinafter referred to as "recycling complex"), shall obtain approval therefor from the Minister of Environment in advance, as prescribed by Ordinance of the Ministry of Environment. The same shall apply to any change in important matters prescribed by Ordinance of the Ministry of Environment, among approved matters. <Amended by Presidential Decree No. 28499, Dec. 26, 2017>
[This Article Wholly Amended by Presidential Decree No. 21415, Apr. 6, 2009]
 Article 42 (Management and Operation of Recycling Complexes)
(1) Each person who has developed a recycling complex shall have the authority to manage and operate the recycling complex.
(2) The Minister of Environment may delegate or entrust his/her authority to manage and operate a recycling complex that has been developed by him/her to any of the following persons: <Amended by Presidential Decree No. 21904, Dec. 24, 2009>
1. A Mayor/Do Governor;
2. The Korea Environment Corporation;
3. Deleted; <by Presidential Decree No. 21904, Dec. 24, 2009>
4. The Sudokwon Landfill Site Management Corporation;
5. Any other person recognized by the Minister of Environment as able to manage and operate a recycling complex.
(3) As to any matter not prescribed in this Decree with regard to the procedures and methods for the management and operation of recycling complexes, the provisions concerning the procedures and methods for the management and operation of industrial complexes in the Industrial Cluster Development and Factory Establishment Act and its subordinate statutes shall apply mutatis mutandis.
[This Article Wholly Amended by Presidential Decree No. 21415, Apr. 6, 2009]
 Article 43 (Supply of Factory Sites to Recycling Business Operators)
(1) Pursuant to Article 34 (4) of the Act, a person who has the authority to manage an industrial complex pursuant to Article 30 of the Industrial Cluster Development and Factory Establishment Act may preferentially supply part of the developed industrial complex to recycling business operators as factory sites.
(2) The Minister of Environment may, if he/she deems it necessary for the efficient supply of factory sites to recycling business operators, determine the need of the supply of factory sites, the area in demand, and the scope of business eligible for the supply, and request a person who has the authority to manage an industrial complex under paragraph (1) to preferentially supply factory sites.
[This Article Wholly Amended by Presidential Decree No. 21415, Apr. 6, 2009]
 Article 44 (Recyclable Resources, etc. subject to Collection, Storage, Screening, and Treatment by Public Infrastructure for Recycling)
"Recyclable resources prescribed by Presidential Decree" in Article 34-4 (1) of the Act mean the following resources: <Amended by Presidential Decree No. 21958, Dec. 31, 2009>
1. Products and packing materials under subparagraphs 1 through 3 and 7 of Article 18;
2. Waste paper;
3. Scrap metal;
4. Others specified by the Minister of Environment or each Mayor/Do Governor.
[This Article Wholly Amended by Presidential Decree No. 21415, Apr. 6, 2009]
 Article 45 Deleted. <by Presidential Decree No. 21415, Apr. 6, 2009>
 Article 46 (Organization, etc. of Resource Recycling Association)
(1) "Persons prescribed by Presidential Decree, such as producers obligated to recycle, cooperatives, producers of recycled products, and collectors of recyclable resources" in Article 35 (1) of the Act mean the following persons:
1. Producers obligated to recycle wastes;
2. Cooperatives;
3. Persons who have filed a report on recycling of wastes and designated recycling business operators;
4. Producers of recycled goods;
5. Persons who collect, transport, or intermediately process recyclable resources;
6. Other persons who research and develop technology for recycling wastes.
(2) Any person who desires to obtain a permit for establishing an association for the promotion of recycling of resources (hereinafter referred to as "resource recycling association") pursuant to Article 35 (1) of the Act shall file an application, which shall describe the following matters, with the Minister of Environment, along with the articles of incorporation or an agreement and a business plan:
1. Name of association;
2. Place of business;
3. Name and address of its representative;
4. Date of establishment;
5. Number of members.
(3) The Minister of Environment shall, upon receiving an application under paragraph (2), examine the details of such application, such as the organization of members and grant a permit if he/she finds that association is able to promote recycling, taking into account the functions and features of each entity specified in each subparagraph of paragraph (1).
(4) Each resource recycling association that has obtained a permit pursuant to paragraph (3) shall report to the Minister of Environment on any change in its name, the place of business, the name and address of its representative, or the articles of incorporation or the agreement or the business plan within 20 days from the date of such change, whenever there is such change.
(5) The resource recycling association shall prepare the following documents and submit them to the Minister of Environment by no later than the end of February every year:
1. A report on business performance and a report on the settlement of accounts for the previous year;
2. A business plan and a budget of revenues and expenditures for the pertinent year.
[This Article Wholly Amended by Presidential Decree No. 21415, Apr. 6, 2009]
 Article 46-2 (Filing Objections to Waste Charges, etc.)
(1) If a person in receipt of the following notice or notification is dissatisfied therewith, he/she may file an objection with the Minister of Environment within 30 days after receipt of such notice or notification: <Amended by Presidential Decree No. 25167, Feb. 11, 2014>
1. Notice of payment of waste charges under Article 12 (4);
2. Notification of outcomes of an application for exemption from waste charges under Article 13 (3);
3. Notification of whether an application for deferment of collection, installment payments or extension of the period for deferment of collection under Article 14-3 (5) is approved, and notification of revocation of deferment of collection under paragraph (7) of the same Article;
4. Notice of payment of recycling dues under Article 28 (3).
(2) Upon receipt of an objection filed under paragraph (1), the Minister of Environment shall give a written notice of the outcomes of handling thereof to the relevant applicant, within 30 days after receipt of such objection.
[This Article Newly Inserted by Presidential Decree No. 22535, Dec. 20, 2010]
 Article 46-3 Deleted. <by Presidential Decree No. 28499, Dec. 26, 2017>
 Article 47 (Cooperation from Related Agencies)
"Matters prescribed by Presidential Decree" in subparagraph 2 of Article 37 of the Act means the following matters: <Amended by Presidential Decree No. 28499, Dec. 26, 2017>
1. Submission of data for identifying the persons obligated to pay waste charges and collecting such waste charges under Article 12 of the Act;
2. Submission of data for verifying the spending of unclaimed deposits under Article 15-3 (1) of the Act;
3. Submission of data for identifying the producers obligated to recycle wastes under Article 16 of the Act;
4. Submission of data for identifying the persons obligated to pay recycling dues and collecting such recycling dues under Article 19 of the Act;
5. Submission of data concerning the status of and a plan for financial support under Article 31 of the Act;
6. Submission of data concerning the quantity of products and packing materials delivered under Article 22 (2);
7. Submission of data concerning a plan for the development of technology for recycling of resources and the results thereof.
[This Article Wholly Amended by Presidential Decree No. 21415, Apr. 6, 2009]
 Article 48 (Delegation and Entrustment of Authority)
(1) Pursuant to Article 38 (1) of the Act, the Minister of Environment shall delegate the following authority to each Mayor/Do Governor: <Amended by Presidential Decree No. 26906, Jan. 19, 2016; Presidential Decree No. 27736, Dec. 30, 2016>
1. Receiving reports and payment of rewards under Article 15-4 of the Act;
2. Authority to impose and collect administrative fines under Article 41 (1) 1 through 6, 6-2, and 7-2 of the Act, and paragraph (2) 2 and 3 of the same Article.
(2) Pursuant to Article 38 (1) of the Act, the Minister of Environment shall delegate the following duties to the heads of environmental local government agencies: <Newly Inserted by Presidential Decree No. 25497, Jul. 21, 2014>
1. Receiving reports on the import of solid wastes and reports on modification, and issuing certificates of reports under Article 25-4 (1), (3) and (4) of the Act;
2. Prohibiting the import of solid products and issuing improvement orders under Article 25-10 (1) and (2) of the Act;
3. Imposing and collecting penalty surcharges in lieu of orders prohibiting the import of solid fuels under Article 25-11 (1) and (2) of the Act;
4. Holding hearings at the time of issuing an order of orders prohibiting the import of solid fuels under subparagraph 1 of Article 38-2 of the Act;
5. Imposing and collecting administrative fines pursuant to the following provisions:
(a) Article 41 (1) 9 through 11, and 13 of the Act (limited to imposing and collecting administrative fines on and from the importers of solid fuels);
(b) Article 41 (1) 15;
(c) Article 41 (1) 16 of the Act (limited to imposing and collecting administrative fines on and from a person falling under any of Article 36 (1) 10 and 11 (limited to the importers of solid fuels)).
(3) Pursuant to Article 38 (2) of the Act, the Minister of Environment shall entrust the Korea Environment Corporation with the following duties: <Amended by Presidential Decree No. 21904, Dec. 24, 2009; Presidential Decree No. 22535, Dec. 20, 2010; Presidential Decree No. 24155, Oct. 29, 2012; Presidential Decree No. 24331, Jan. 22, 2013; Presidential Decree No. 24869, Nov. 20, 2013; Presidential Decree No. 25167, Feb. 11, 2014; Presidential Decree No. 25497, Jul. 21, 2014; Presidential Decree No. 28499, Dec. 26, 2017>
1. Imposing and collecting waste charges pursuant to Article 12 (1) of the Act;
1-2. Urging persons liable to pay delinquent waste charges and imposing additional dues on such persons pursuant to Article 12 (4) of the Act;
2. Compulsorily collecting waste charges or additional dues pursuant to Article 12 (5) of the Act;
3. Urging persons liable to pay delinquent recycling dues and imposing additional dues on such persons pursuant to Article 19 (3) of the Act;
4. Compulsorily collecting delinquent recycling dues or additional dues pursuant to Article 19 (4) of the Act;
4-2. Building and operating the comprehensive waste-to-energy information system under Article 25-14 of the Act;
4-3. Establishing and operating a waste-to-energy center under Article 25-15 of the Act;
5. Establishing and operating the information system on promotion of saving and recycling of resources pursuant to Article 34-7 (2) of the Act;
6. Issuing orders to report and conducting inspections (limited to where such orders are necessary for performing entrusted duties) pursuant to Article 36 (1) of the Act;
7. Imposing, collecting, and returning deposits under Article 3 of the Addenda to the Act on the Promotion of Saving and Recycling of Resources as amended by Act No. 6653;
8. Receiving data on the outcomes of shipment or import of products, materials and containers pursuant to Article 12 (1);
9. Calculating waste charges owed by manufacturers or importers and issuing notices of payment thereof pursuant to Article 12 (2) and (4);
10. Receiving applications for exemption from waste charges and notifying the outcomes thereof pursuant to Article 13 (2) and (3);
10-2. Conducting on-spot inspections pursuant to Article 13 (3);
11. Settling the accounts of waste charges paid by importers and returning waste charges pursuant to Article 14;
11-2. Receiving and approving applications for deferment of collection or installment payment of waste charges, or for the extension of a period for dement of collection, and revocation of deferment of collection under Article 14-3;
11-3. Giving notice of collection before a deadline for payment under Article 14-5;
12. Conducting examinations and verification of the outcomes of shipment or import of products, materials and containers and issuing notice to pay the difference in waste charges pursuant to Article 15 (1) and (2);
13. Designating products and packing materials subject to marking of separate discharge pursuant to subparagraph 2 of Article 16;
14. Receiving data on the shipment volume of products and packing materials pursuant to Article 22 (2);
15. Receiving plans to fulfill the obligation to recover and recycle wastes pursuant to Article 24;
16. Examining and granting approval for plans to fulfill the obligation to recover and recycle wastes and receiving submitted data pursuant to Article 25;
17. Receiving reports on the outcomes of fulfilling the obligation to recover and recycle wastes pursuant to Article 26;
18. Calculating and imposing recycling dues and issuing notice to pay them pursuant to Article 28;
19. Conducting examinations and verification of producers obligated to recycle wastes, and issuing notice to pay the difference in recycling dues pursuant to Article 29 (1) and (2);
20. Receiving objections and notifying the outcomes of handling them under Article 46-2.
(4) Pursuant to Article 38 (2) of the Act, the Minister of Environment shall entrust a mutual aid association with the task of certifying the fulfillment of the recycling obligation under Article 17-2 of the Act. <Newly Inserted by Presidential Decree No. 24869, Nov. 20, 2013>
(5) Pursuant to Article 38 (2) of the Act, the Minister of Environment shall entrust the affairs related to receiving registration for use of standard containers pursuant to Article 15-2 (2) of the Act to each support center for distributing recyclable resources established under Article 28-2 of the Act. <Newly Inserted by Presidential Decree No. 26906, Jan. 19, 2016>
[This Article Wholly Amended by Presidential Decree No. 21415, Apr. 6, 2009]
 Article 48-2 (Handling Personally Identifiable Information)
The Minister of Environment (including persons delegated with his/her authority pursuant to Article 48 (3)) may handle data that contains resident registration numbers or alien registration numbers referred to in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if unavoidable to perform the following duties:
1. Imposition and collection of waste charges under Article 12 (1) of the Act;
2. Urging the payment of waste charges in arrears and imposition of additional charges under Article 12 (4) of the Act;
3. Forced collection of waste charges in arrears or additional charges under Article 12 (5) of the Act;
4. Urging the payment of recycling dues that remains unpaid and collection of late payment penalties under Article 19 (3) of the Act;
5. Forced collection of recycling dues that remains unpaid or late payment penalties under Article 19 (4) of the Act;
6. Deferring the collection of waste charges and payment of waste charges in installments under Article 14-3;
7. Collection, imposition, etc. of recycling dues under Article 28.
[This Article Newly Inserted by Presidential Decree No. 26667, Nov. 26, 2015]
 Article 49 (Agencies Responsible for Accounting of Waste Charges, etc.)
(1) The CEO of the Korea Environment Corporation shall appoint a standing director of the Korea Environment Corporation as an officer in charge of the collection of revenue of waste charges and recycling dues and an employee under his/her control as a junior officer in charge of the collection of revenue of charges and dues to assign them to take responsibility for the collection of charges and dues as entrusted under Article 48 (2). <Amended by Presidential Decree No. 21904, Dec. 24, 2009>
(2) The CEO of the Korea Environment Corporation shall, when he/she appoints an officer and a junior officer in charge of the collection of revenue of charges and dues pursuant to paragraph (1), notify the Minister of Environment, the Chairperson of the Board of Audit and Inspection, and the Governor of the Bank of Korea thereof. <Amended by Presidential Decree No. 21904, Dec. 24, 2009>
[This Article Wholly Amended by Presidential Decree No. 21415, Apr. 6, 2009]
 Article 49-2 (Re-Examination of Regulations)
The Minister of Environment shall examine the feasibility of the following matters every three years from the base date specified below (meaning until the day before the base date of every third year) and take measures for their improvement, etc.: <Amended by Presidential Decree No. 25840, Dec. 9, 2014>
1. Products that must meet standards for materials, methods, etc. for packing under Article 7: January 1, 2014;
2. Standards for calculation of waste charges under Article 11: January 1, 2014;
3. Types of business related to designated recycling business operators under Article 32: January 1, 2015;
4. Basic policies, etc. for guidelines to be complied with by designated recycling business operators under Article 33: January 1, 2015;
5. Basic policies, etc. for guidelines to be complied with by business operators discharging designated by-products under Article 35: January 1, 2014.
[This Article Wholly Amended by Presidential Decree No. 25050, Dec. 30, 2013]
 Article 50 (Imposition of Administrative Fines)
The guidelines for the imposition of administrative fines under Article 41 are prescribed in attached Table 8.
[This Article Newly Inserted by Presidential Decree No. 21415, Apr. 6, 2009]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2003: Provided, That the amended provisions of subparagraph 1 of Article 18 (limited to film packaging materials), and subparagraph 7 of Article 18 shall enter into force on January 1, 2004 and the amended provisions of subparagraph 6 (f) and (g) of Article 18 and Article 30 (limited to goods provided for in subparagraph 6 (f) and (g) of Article 18) shall enter into force on January 1, 2005.
Article 2 (Applicable Examples concerning Waste Charges on Plastic Goods)
The waste charges of plastic goods provided for in the amended provisions of Article 10 (1) 7 shall apply, starting with the portion that is delivered or imported first after the enforcement of this Decree.
Article 3 (Transitional Measures concerning Waste Charges)
Cosmetics using plastic containers provided for in the previous provisions of subparagraph 2 of Article 17, confectionery using compound material containers provided for in the previous provisions of subparagraph 3 of Article 17, lithium batteries provided for in the previous provisions of subparagraph 4 of Article 17 and the calculation of waste charges according to the delivery performance of products in 2002 which shall be paid by the manufacturers of synthetic resins provided for in the previous provisions of subparagraph 9 of Article 17, the payment period thereof and procedures therefor, etc. shall be all governed by the previous provisions.
Article 4 (Special Case concerning Calculation and Publication of Total Mandatory Recycling Quantity)
Notwithstanding the amended provisons of Article 22 (1), the Minister of Environment may calculate and publish the total mandatory recycling quantity by products and packaging materials in 2003 by January 31, 2003.
Article 5 (Special Cases concerning Submission of Plan for Fulfilling Recycling Obligations)
Notwithstanding the amended provisions of Article 24, every producer obligated to recycle wastes or the cooperative may submit his/her plan for fulfilling recycling obligations in 2003 by March 31, 2003.
Article 6 (Relations with other Acts and Subordinate Statutes)
Where the provisions of the former Enforcement Decree of the Act on the Promotion of Saving and Recycling of Resources have been cited in other Acts at the time this Decree enters into force, and if the provisions corresponding thereto exist in this Decree, this Decree or corresponding provisions in this Decree shall be deemed cited in lieu of the former provisions.
ADDENDA <Presidential Decree No. 18039, Jun. 30, 2003>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2003.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 18267, Jan. 29, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 31, 2004.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18428, Jun. 11, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2004.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 18442, Jun. 25, 2004>
This Decree shall enter into force on July 1, 2004.
ADDENDA <Presidential Decree No. 18593, Nov. 30, 2004>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 1 (e) of Article 18, and the amended provisions of the attached Tables 4 and 6 shall enter into force on January 1, 2005, while the amended provisions of subparagraph 2 (g) through (j) of Article 2, and subparagraph 6 (h) through (j) of Article 18 shall enter into force on January 1, 2006.
(2) (Special Example concerning Person Liable for Recycling Wastes of Packaging Materials) A manufacturer and a distributor who records 1 billion won or more of yearly sales amount, and an importer who records 300 million won of yearly import amount in the year of 2003 shall be deemed, notwithstanding the amended provisions of the attached Table 4, persons liable for recycling wastes of packaging materials in the year of 2005.
(3) (Special Example concerning Calculation of Mandatory Recycling Rate) In calculating the mandatory recycling rate by goods and packaging materials for the year of 2005 under the amended provisions of the attached Table 5, the mandatory recycling rate by goods and packaging materials in 2004 shall be the value obtained by dividing the aggregate quantity of the mandatory recycling quantities by goods and packaging materials of the individual persons liable for recycling wastes in 2004 by the aggregate quantity of the delivery quantities by goods and packaging materials of the individual persons liable for recycling wastes in 2003.
ADDENDA <Presidential Decree No. 18611, Dec. 30, 2004>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Applicable Cases) The amended provisions of the attached Table 2 shall apply to the products which are first carried out of the manufacturing place or bonded area after the enforcement of this Decree.
ADDENDA <Presidential Decree No. 18863, Jun. 13, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2005.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 19006, Aug. 17, 2005>
This Decree shall enter into force on October 1, 2005.
ADDENDUM <Presidential Decree No. 19204, Dec. 28, 2005>
This Decree shall enter into force on January 1, 2006.
ADDENDUM <Presidential Decree No. 19487, May 25, 2006>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 19494, May 30, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 4, 2006.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 19572, Jun. 29, 2006>
This Decree shall enter into force on June 30, 2006: Provided, That the amended provisions of subparagraph 1 (d) of Article 18 and subparagraph 2-2 of Article 47 shall enter into force on January 1, 2007 and the amended provisions of subparagraph 3 (e) and (f) of Article 18 and subparagraph 3 (e) and (f) of the attached Table 6 shall enter into force on January 1, 2008.
ADDENDA <Presidential Decree No. 19971, Mar. 27, 2007>
(1) (Enforcement Date) This Decree shall enter into force on January 1, 2008: Provided, That the amended provisions of Article 9 shall enter into force on March 28, 2007.
(2) (Special Examples concerning Application of Calculation Standards for Waste Charge) Notwithstanding the amended provisions of Table 2, the calculation standards for waste charges by item to be manufactured or imported between January 1, 2008 and December 31, 2011 shall be calculated by multiplying the calculation standards for waste charges by item pursuant to the amended provisions of Table 2 by a rate pursuant to the following classification:
1. Between January 1, 2008 and December 31, 2009: 20/100;
2. Between January 1, 2010 and December 31, 2011: 60/100.
(3) (Transitional Measures following Special Examples of Calculation Standards for Waste Charges) When the calculation standards for waste charges by item pursuant to the amended provisions of paragraph (2) 1 of Addenda are lower than the calculation standards for waste charges by item pursuant to the previous provisions, they shall be governed by the previous provisions: Provided, That with regard to imported plastic goods and packing materials thereof pursuant to the amended provisions of subparagraph 6 of Table 2, this shall not apply.
ADDENDUM <Presidential Decree No. 20088, Jun. 11, 2007>
This Decree shall enter into force on July 4, 2007.
ADDENDA <Presidential Decree No. 20244, Sep. 6, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 20290, Sep. 27, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 28, 2007.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 20479, Dec. 28, 2007>
This Decree shall enter into force on January 1, 2008.
ADDENDUM <Presidential Decree No. 20905, Jul. 3, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 21415, Apr. 6, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21590, Jun. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2009. (Proviso Omitted.)
Articles 2 through 7 Omitted.
Article 8 (Transitional Measures following Amendment to Enforcement Decree of Act on Promotion of Saving and Recycling of Resources)
Imposition of fines for negligence for acts committed before this Decree enters into force, shall be governed by the previous provisions.
Article 9 Omitted.
ADDENDUM <Presidential Decree No. 21626, Jul. 7, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21676, Aug. 6, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 7, 2009. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21904, Dec. 24, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2010.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 21958, Dec. 31, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2010.
Article 2 (Special Examples concerning Products and Packing Materials with Mark of Separate Discharge)
Notwithstanding the amended provisions of subparagraph 1 of Article 16, mark of separate discharge may not be indicated until June 30, 2010 on the packing materials which become subject to mandatory recycling pursuant to the amended provisions of subparagraphs 1 through 3 of Article 18.
Article 3 (Transitional Measures concerning Administrative Fines upon Change of Products Subject to Annual Reduction of Packing Materials Made of Synthetic Resin)
The application of administrative fines against a violation of the standards for annual reduction of packing materials made of synthetic resin by manufacturers, etc. of the products under the former subparagraph 3 (e) of Article 7 before this Decree enters into force shall be governed by the former provisions.
ADDENDA <Presidential Decree No. 22395, Sep. 20, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2011.
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 22497, Nov. 19, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 26, 2010. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 22535, Dec. 20, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2011.
Article 2 (Applicable Examples concerning Exclusion from Objects of Imposition of Waste Charges)
The amended provisions of Article 10 (2) 3 (e) (ⅷ) shall apply to products manufactured or imported on or after January 1, 2010.
Article 3 (Applicable Examples concerning Products and Packing Materials Subject to Obligation for Recycling)
The amended provisions of subparagraphs 1 (k) and 8 of Article 18 shall apply to products manufactured or imported after this Decree enters into force.
ADDENDA <Presidential Decree No. 22715, Mar. 22, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 23, 2011.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 23966, Jul. 20, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 22, 2012. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 24155, Oct. 29, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 1, 2011. (Proviso Omitted.)
Articles 2 through 6 Omitted.
Article 7 (Applicability to Amendment to Enforcement Decree of the Act on the Promotion of Saving and Recycling of Resources)
(1) The amended provisions of Article 10 (2) 3 (b) and (d) and subparagraphs 2 and 4 of the remarks of attached Table 2 of the Enforcement Decree of the Act on the Promotion of Saving and Recycling of Resources shall apply where waste charges are imposed on products, materials and containers imported on or after January 1, 2013.
(2) The amended provisions of Article 10 (2) 3 (e) of the Enforcement Decree of the Act on the Promotion of Saving and Recycling of Resources shall apply where waste charges are imposed on disposable diapers supplied to medical institutions on or after January 1, 2013.
Articles 8 through 11 Omitted.
ADDENDA <Presidential Decree No. 24331, Jan. 22, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 2. 2013.
Article 2 (Applicable Examples concerning Items Subject to Imposition or Eligible for Exemption from Waste Charges)
The amended provisions of Article 10 (2) 3 (e) (ⅷ) shall apply to infusion sets delivered or imported after this Decree enters into force.
ADDENDA <Presidential Decree No. 24451, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 24638, Jun. 28, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2013. (Proviso Omitted.)
Articles 2 through 17 Omitted.
ADDENDA <Presidential Decree No. 24869, Nov. 20, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 23, 2013: Provided, That the amended provisions of Article 10 (1) 6 and (2) 3, subparagraph 1 of Article 18, subparagraph 6 (b) of attached Table 2, subparagraph 5 of remarks of the same Table, subparagraph 12 of attached Table 4, and attached Table 6 shall enter into force on January 1, 2014.
Article 2 (Special Cases concerning Submission of Plans for Fulfillment of Obligations for Recovery and Recycling)
Notwithstanding the amended provisions of Article 24, a plan for fulfillment of the obligation for recovery and recycling for the year 2014 that each producer obligated to recycle wastes or cooperative is obligated to submit to the Minister of Environment may be submitted by March 31, 2014.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on July 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25133, Jan. 28, 2014>
Article 1 (Enforcement Date)
(1) This Decree shall enter into force on January 31, 2014.
(2) through (5) Omitted.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 25167, Feb. 11, 2014>
This Decree shall enter into force on February 14, 2014.
ADDENDA <Presidential Decree No. 25476, Jul. 16, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 31, 2014.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 25497, Jul. 21, 2014>
This Decree shall enter into force on July 22, 2014.
ADDENDA <Presidential Decree No. 25664, Oct. 22, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Products Excluded from Imposition of Waste Charges)
Former provisions shall apply to the imposition of waste charges on intravascular tubes, catheters, haemodialysis catheterization kits, direct infusion devices, evacuated blood collection tubes, blood collection sets, disposable needles and disposable blood collection needles that are shipped or imported before this Decree enters into force, notwithstanding the amended provisions of Article 10 (2) 3 (e) (viii).
Article 3 (Transitional Measures concerning Reimbursement of Collection Expenses)
Former provisions shall apply to the reimbursement of collection expenses for the recycling charges and additional dues imposed by the Minister of Environment pursuant to Article 19 (1) and (3) of the Act before this Act enters into force, notwithstanding the amended provisions of Article 28-2 (1).
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 26088, Feb. 3, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability concerning Waste Charges)
The amended provisions of subparagraph 5 of attached Table 2 and subparagraph 5 of the note in attached Table 2 shall begin to apply from the portion taken out of a factory or bonded area on or after January 1, 2015.
Article 3 (Transitional Measures concerning Waste Charges)
Waste charges imposed on a manufacturer who runs a small or medium enterprise established under the Framework Act on Small and Medium Enterprise with an annual turnover of less than 20 billion won, for the period from 2010 to 2014, shall be calculated pursuant to the former provisions, notwithstanding the amended provisions of subparagraph 5 of the note in attached Table 2.
ADDENDA <Presidential Decree No. 26667, Nov. 26, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2016.
Article 2 (Transitional Measures concerning Administrative Fines Following Change of Products Subject to Annual Reduction of Packing Materials Made of Synthetic Resin)
The former provisions shall apply to the imposition of an administrative fine under Article 41 (1) 1 of the Act on a manufacturer, etc. of products referred to in subparagraph 3 (a) or (d) of the former Article 7 before this Decree enters into force for a failure to achieve the standards for annual reduction of packing materials made of synthetic resin, notwithstanding the amended provisions of subparagraph 3 (a) and (d) of Article 7.
ADDENDA <Presidential Decree No. 26906, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 21, 2016.
Article 2 (Transitional Measures concerning Administrative Fines)
Notwithstanding the amended provisions of subparagraph 2 (f) of attached Table 8, application of standards for imposition of administrative fines against violations committed before this Decree enters into force shall be governed by the former provisions.
ADDENDA <Presidential Decree No. 27736, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017: Provided, That the amended provisions of subparagraph 1 of Article 18 shall enter into force on January 1, 2018.
Article 2 (Transitional Measures concerning Delegation of Authority)
Where procedures for imposition and collection of administrative fines are being taken under the former provisions as at the time this Decree enters into force, the former provisions shall apply, notwithstanding the amended provisions of Article 48 (1) 2.
Article 3 (Transitional Measures concerning Reduction or Exemption of Waste Charges)
Where waste charges for the years 2015 and 2016 are calculated for a manufacturer which is a small or medium enterprise under the Framework Act on Small and Medium Enterprises and the annual sales of which is less than 20 billion won, the former provisions shall apply, notwithstanding the amended provisions of subparagraphs 5 and 6 of the note of attached Table 2
ADDENDA <Presidential Decree No. 27806, Jan. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 28, 2017.
Articles 2 through 27 Omitted.
ADDENDA <Presidential Decree No. 27971, Mar. 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDUM <Presidential Decree No. 28499, Dec. 26, 2017>
This Decree shall enter into force on January 1, 2018.