ENFORCEMENT DECREE OF THE PETROLEUM AND ALTERNATIVE FUEL BUSINESS ACT
Wholly Amended by Presidential Decree No. 18796, Apr. 22, 2005
Amended by Presidential Decree No. 18939, Jul. 8, 2005
Presidential Decree No. 19320, Feb. 7, 2006
Presidential Decree No. 20091, jun. 15, 2007
Presidential Decree No. 20244, Sep. 6, 2007
Presidential Decree No. 20458, Dec. 20, 2007
Presidential Decree No. 20678, Feb. 29, 2008
Presidential Decree No. 20840, jun. 20, 2008
Presidential Decree No. 21214, Dec. 31, 2008
Presidential Decree No. 21223, Dec. 31, 2008
Presidential Decree No. 21462, Apr. 30, 2009
Presidential Decree No. 22493, Nov. 15, 2010
Presidential Decree No. 22518, Dec. 9, 2010
Presidential Decree No. 22913, May 3, 2011
Presidential Decree No. 23356, Dec. 8, 2011
Presidential Decree No. 23455, Dec. 30, 2011
Presidential Decree No. 23782, May 14, 2012
Presidential Decree No. 23906, jun. 29, 2012
Presidential Decree No. 24442, Mar. 23, 2013
Presidential Decree No. 24695, Aug. 27, 2013
Presidential Decree No. 24697, Aug. 27, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25078, Jan. 14, 2014
Presidential Decree No. 25425, jun. 30, 2014
Presidential Decree No. 25611, Sep. 18, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 25923, Dec. 30, 2014
Presidential Decree No. 26316, jun. 15, 2015
Presidential Decree No. 26437, Jul. 24, 2015
Presidential Decree No. 26437, Jul. 24, 2015
Presidential Decree No. 27323, Jul. 6, 2016
Presidential Decree No. 27325, Jul. 7, 2016
Presidential Decree No. 27661, Dec. 5, 2016
Presidential Decree No. 27960, Mar. 27, 2017
Presidential Decree No. 28342, Sep. 26, 2017
CHAPTER I GENERAL PROVISIONS
[This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
The definitions of the terms used in this Decree shall be as follows: <Amended by Presidential Decree No. 22518, Dec. 9, 2010; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 25078, Jan. 14, 2014; Presidential Decree No. 25611, Sep. 18, 2014; Presidential Decree No. 27661, Dec. 5, 2016>
| 1. | The term "general agency" means a petroleum wholesaler supplied with petroleum products (excluding solvents, intermediate petroleum products, and secondary fuel oil (referring to petroleum by-products used as fuel oil substituting for kerosene or heavy oil; hereinafter the same shall apply) under subparagraph 2 (a) of Article 2 of the Petroleum and Alternative Fuel Business Act (hereinafter referred to as the "Act")) by petroleum refiners, petroleum exporters or importers, or other general agencies; and sells them to other general agencies, gas stations, general petroleum retail shops, or end-consumers; |
| 1-2. | The term "person who manufactures and sells petroleum by-products" means a petroleum retailer registered pursuant to the proviso to Article 10 (1) of the Act, who intends to engage in petroleum retail business by producing petroleum by-products; |
| 2. | The term "solvent agency" means a petroleum retailer supplied with solvents by petroleum refiners, petroleum exporters or importers, or persons who manufacture and sell petroleum by-products and sell them to solvent retail shops or end-consumers; |
| 3. | The term "gas station" means a petroleum retailer supplied with gasoline, kerosene, or light oil by petroleum refiners, petroleum exporters or importers, general agencies, or other gas stations; and sells it directly to other gas stations or end-consumers using refueling equipment installed at his/her shop (referring to a place where a factory, etc. which has undergone a completion inspection under Article 9 of the Act on the Safety Control of Hazardous Substances is installed; hereinafter the same shall apply). In such cases, this shall include cases where such person sells kerosene or light oil by means of mobile sales prescribed by Ordinance of the Ministry of Trade, Industry and Energy; while selling them directly to other gas stations or end-consumers using refueling equipment fixed at his/her shop; |
| 4. | The term "general retail shop" means a petroleum retailer supplied with kerosene or light oil (cases where the National Agricultural Cooperatives Federation or a local agricultural cooperative operates a general retail shops; and where a person who operates a general retail shop at a Myeon area where no gas station is located, shall be included) by petroleum refiners, petroleum exporters or importers, general agencies, or other retail shops and sells it directly to other general retail shops or end-consumers at his/her shop. In such cases, this shall include cases where such person sells it by means of mobile sales or delivery sales prescribed by Ordinance of the Ministry of Trade, Industry and Energy while selling it directly to other retail shops or consumers; |
| 5. | The term "solvent retail shop" means a petroleum retailer who is supplied with solvents by petroleum refiners, petroleum exporters or importers, persons who manufacture and sell petroleum by-products or solvent agencies and sell them to end-consumers, using containers or transport equipment (limited to transport equipment whose load capacity does not exceed eight kiloliters); |
| 6. | The term "secondary fuel oil retail shop" means a petroleum retailer supplied with secondary fuel oil by persons who manufacture and sell petroleum by-products or other secondary fuel oil retail shops; and sells it to other secondary fuel oil retail shops or end-consumers (limited to consumers who use it as fuel for boilers or furnaces which are not for home use); |
| 7. | The term "special retail shop" means a petroleum retailer, other than petroleum retailers set forth in subparagraphs 1 through 6, who sells petroleum products to end-consumers as determined and publicly notified by the Minister of Trade, Industry and Energy; |
| 8. | The term "alternative fuel agency" means an alternative fuel wholesaler who is supplied with alternative fuels (excluding fuels manufactured from vegetable oils or animal oils (hereinafter referred to as "biodiesel"); alcohol extracted from vegetable raw materials (hereinafter referred to as "bioethanol"); and fuels produced through direct synthesis process or indirect synthesis process through methanol (hereinafter referred to as "dimethyl ether") using synthetic gas, the raw material of which is coal, natural gas, and biomass as raw materials) by manufacturers, exporters or importers of alternative fuels and sells them to alternative fueling stations, alternative fuel retail shops, or end-consumers; |
| 9. | The term "alternative fueling station" means an alternative fuel retailer who is supplied with biodiesel fuel oil (excluding biodiesel), bioethanol fuel oil (excluding bioethanol), coal-to-liquid fuel oil, gas-to-liquid fuel oil, dimethyl ether fuel oil (excluding dimethyl ether), or an alternative fuel referred to in Article 5 (9) (limited to the fuels prescribed by Ordinance of the Ministry of Trade, Industry and Energy as those than can be used in place of gasoline, light oil, or kerosene) by business entities manufacturing and selling or importing alternative fuels or alternative fuel agencies; and sells it directly to end-consumers using refueling equipment fixed at his/her shop. In such cases, this shall include cases where such person sells it by means of mobile sales prescribed by Ordinance of the Ministry of Trade, Industry and Energy while selling it directly to consumers using refueling equipment; |
| 10. | The term "alternative fuel retail shop" means an alternative fuel retailer supplied with emulsified fuel oil or alternative fuel referred to in subparagraph 9 of Article 5 (limited to a fuel prescribed by Ordinance of the Ministry of Trade, Industry and Energy as those that can be used in place of kerosene or heavy oil) by business entities manufacturing and exporting or importing alternative fuels or alternative fuel agencies; and sells it to any alternative fuel retailer who resells it directly to end-consumers at his/her shop; |
| 11. | The term "end-consumer" means the consumers classified as follows: |
| (a) | In cases of a general agency, solvent agency, solvent retail shop, special retail shop, alternative fuel agency, and alternative fuel retail shop: A person who directly consumes the petroleum products or alternative fuels: Provided, That, this shall exclude persons who use them as fuel oil for motor vehicles defined in subparagraph 1 of Article 2 of the Motor Vehicle Management Act; or for dump trucks and concrete mixer trucks among construction machinery defined in Article 2 (1) 1 of the Construction Machinery Management Act; |
| (b) | In cases of a general retail shop: A person who directly consumes petroleum products or alternative fuels: Provided, That, this shall exclude persons who use them as fuel oil for motor vehicles defined in subparagraph 1 of Article 2 of the Motor Vehicle Management Act or for dump trucks and concrete mixer trucks among construction machinery defined in Article 2 (1) 1 of the Construction Machinery Management Act; but this shall include persons who use the petroleum products prescribed in Article 106-2 (1) 1 of the Restriction of Special Taxation Act as fuel oil for cargo trucks for agriculture or fisheries prescribed by Ordinance of the Ministry of Trade, Industry and Energy, among agricultural machinery and fishery machinery referred to in Article 15 (1) 2 of the Regulations on Special Cases concerning Application, etc., of Zero Rate of, or Exemption from, Value Added Tax on Materials and Petroleum Products for Agriculture, Livestock Industry, Forestry, and Fisheries; |
| (c) | In cases of a gas station, secondary fuel oil retail shop and alternative fueling station: A person who directly consumes petroleum products or alternative fuels. |
[This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
| Article 3 (Methods of Mixing Petroleum Products, etc.) |
"Manner prescribed by Presidential Decree" in subparagraph 5-2 (b) of Article 2 of the Act means any of the following methods: | 1. | The method of mixing petroleum products with other petroleum products (including any petroleum products, the grade of which is different); |
| 2. | The method of mixing petroleum products with petrochemicals (referring to organic chemical products prescribed by Ordinance of the Ministry of Trade, Industry and Energy, with the exception of petroleum products, manufactured by undergoing the physical and chemical process from petroleum); |
| 3. | The method of mixing petroleum products with materials containing carbon and hydrogen. |
[This Article Newly Inserted by Presidential Decree No. 28342, Sep. 26, 2017]
| Article 4 (Types of Vehicles and Machines) |
[This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
| Article 5 (Types of Alternative Fuels) |
"Fuel ---<Omitted>--- prescribed by Presidential Decree" in subparagraph 11 of Article 2 of the Act means any of the following fuels: <Amended by Presidential Decree No. 22518, Dec. 9, 2010; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 26316, Jun. 15, 2015; Presidential Decree No. 27325, Jul. 7, 2016> | 1. | Biodiesel fuel oil: Biodiesel and a fuel manufactured by mixing it with light oil which is a petroleum product at a ratio determined and publicly notified by the Minister of Trade, Industry and Energy; |
| 2. | Bioethanol fuel oil: Bioethanol used as a fuel for motor vehicles and a fuel manufactured by mixing it with gasoline which is a petroleum product; |
| 4. | Natural bituminous oil: A fuel which is a mixture of natural bituminous substances with water and surfactants; |
| 5. | Emulsified fuel oil: A fuel manufactured by mixing heavy oil which is a petroleum product with water and emulsifier; |
| 6. | Gas liquefied fuel oil: A fuel produced through physical and chemical reactions using syngas from natural gas or biomass as its raw material; and fuel produced by mixing it with a petroleum product; |
| 7. | Dimethyl ether fuel oil: Dimethyl ether and a fuel produced by mixing it with a petroleum product; |
| 8. | Biogas fuel oil: A fuel manufactured by digesting or fermenting organic wastes or biomass, and a fuel produced by mixing it with a petroleum products or natural gas; |
| 9. | Any other fuel determined and publicly notified by Ordinance of the Ministry of Trade, Industry and Energy, following consultation held by the Minister of Trade, Industry and Energy with the heads of relevant administrative agencies, because it is necessary to increase the supply and use of such fuel in order to improve the efficiency of energy use; and such fuel is deemed to satisfy requirements for quality, performance, safety, etc. on the equipment used (referring to motor vehicles or similar internal combustion engines, boilers and furnaces). |
[This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
| Article 6 (Petroleum Supply-Demand Forecast) |
The Minister of Trade, Industry and Energy shall forecast petroleum supply and demand conditions by the end of each year in accordance with Article 3 of the Act. In such cases, where a gas supply plan is formulated pursuant to Article 18 (2) of the Urban Gas Business Act, it shall be construed as a forecast of gas supply and demand conditions among the forecasts of petroleum supply and demand conditions. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> [This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
CHAPTER II PETROLEUM BUSINESS
| Article 7 (Matters subject to Registration of Modification of Petroleum Refinery Business) |
"Matters, including the refining capacity prescribed by Presidential Decree" in the latter part of Article 5 (1) means the following matters: <Amended by Presidential Decree No. 23782, May 14, 2012; Presidential Decree No. 25425, Jun. 30, 2014> | 1. | Name or trade name (where the status of a petroleum refiner is succeeded in accordance with Article 7 of the Act, referring to the name or trade name of the successor); |
| 2. | The representative (applicable only to a corporation); |
| 3. | Locations or scale of the petroleum storage facilities (excluding cases where the scale of registered petroleum storage facilities increases or decreases by less than 20 percent); |
| 4. | Location or refining capacity of the petroleum refinery facility referred to in items of Article 9 (1) 1 (excluding cases where the total refining capacity of the petroleum refinery facilities registered by item of the same subparagraph increases or decreases by less than 20 percent). |
[This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
| Article 8 (Petroleum Refinery Business, etc. subject to Registration) |
| (1) | "Petroleum refinery business with petroleum products, including lubricants prescribed by Presidential Decree" in the former part of Article 5 (2) of the Act means petroleum refinery business that manufactures asphalt, lube base oil or lubricating oil. |
| (2) | "Matters, including the production capacity, etc. prescribed by Presidential Decree" in the latter part of Article 5 (2) of the Act means the following matters: <Amended by Presidential Decree No. 25425, Jun. 30, 2014> |
| 1. | Name or trade name (where the status of a petroleum refiner is succeeded in accordance with Article 7 of the Act, referring to the name or trade name of the successor); |
| 2. | The representative (applicable only to a corporation); |
| 3. | Locations or scale of the production facilities (excluding cases where the total production capacity of registered production facilities increases or decreases by less than 50 percent). |
[This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
| Article 9 (Matters, etc. to be Registered and Reported for Petroleum Refinery Business) |
| (1) | Requirements for registration of petroleum refinery business, including facility standards, under Article 5 (3) of the Act are as follows: <Amended by Presidential Decree No. 25611, Sep. 18, 2014> |
| 1. | It shall be equipped with at least one facility among the following petroleum refinery facilities: |
| (a) | Atmospheric distillation facility; |
| (b) | Vacuum distillation facility; |
| (d) | Desulfurization facility; |
| (e) | Decomposition facility; |
| 2. | It shall be equipped with a storage facility capable of storing the equivalent of the planned amount of domestic sales of petroleum for 40 days in the year the business commences. |
| (2) | The Minister of Trade, Industry and Energy shall grant registration, except where an application for registration of petroleum refinery business filed in accordance with the former part of Article 5 (1) of the Act falls under any of the following cases: <Newly Inserted by Presidential Decree No. 23455, Dec. 30, 2011; Presidential Decree No. 24442, Mar. 23, 2013> |
| 1. | Where the applicant fails to meet the requirements for registration prescribed in paragraph (1); |
| 3. | Where the registration of petroleum refinery business is restricted pursuant to subparagraph 1 of Article 11-2 of the Act; |
| 4. | Other cases where any restriction under the Act, this Decree or any other statute is violated. |
| (3) | A person who has registered a petroleum refinery business pursuant to the former part of Article 5 (1) of the Act shall be equipped with a storage facility capable of storing the equivalent of the 40 days’ worth of domestic sales of petroleum products in the previous year from the year following that in which the business has commenced. <Amended by Presidential Decree No. 23455, Dec. 30, 2011; Presidential Decree No. 25611, Sep. 18, 2014> |
| 2. | The representative (applicable only to a corporation); |
| 3. | Locations or capacity of the production facilities of asphalt, lube base oil or lubricating oil; |
| 4. | A five-year petroleum supply and demand plan as of the relevant year (including plans for production, export and import, and sales). |
| (5) | Matters concerning the scope of storage facilities under paragraphs (1) 2 and (3) and the methods of calculating the amount of domestic sales of petroleum under paragraph (3), and the amount of production of petroleum products, shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Presidential Decree No. 23455, Dec. 30, 2011; Presidential Decree No. 24442, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
| Article 10 (Registration, etc. of Petroleum Export-Import Business) |
| (1) | "Where the quantity of petroleum gas imported during the pertinent year is ---<Omitted>--- at least the quantity prescribed by Presidential Decree" in Article 9 (1) 1 of the Act means the case where the quantity of petroleum gas imported during the relevant year is at least 50 thousand tons. |
| (2) | "Business of importing and exporting petroleum products, including lubricants, prescribed by Presidential Decree" in Article 9 (1) 2 of the Act means petroleum export-import business that imports and exports only the following petroleum products: |
| 1. | Asphalt, lube base oil, and lubricating oil; |
[This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
| Article 11 (Matters subject to Registration of Modification of Petroleum Export-Import Business) |
“Details, including the scale of petroleum storage facility, prescribed by Presidential Decree” in Article 9 (2) of the Act means the following matters: <Amended by Presidential Decree No. 23782, May 14, 2012; Presidential Decree No. 25425, Jun. 30, 2014> | 1. | Name or trade name (where the status of a petroleum exporter or importer is succeeded in accordance with Article 7 of the Act which applies mutatis mutandis under Article 9 (4) of the Act, referring to the name or trade name of the successor); |
| 2. | The representative (applicable only to a corporation); |
| 3. | Location of the main place of business; |
| 4. | Locations or scale of petroleum storage facilities (excluding where the scale of registered petroleum storage facilities increases or decreases by less than 20 percent). |
[This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
| Article 12 (Registration of Petroleum Export-Import Business) |
| (1) | The requirements for registration of petroleum export-import business, including facility standards, under Article 9 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 23782, May 14, 2012; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 25611, Sep. 18, 2014; Presidential Decree No. 27661, Dec. 5, 2016> |
| 1. | The applicant shall be equipped with a storage facility capable of storing the equivalent of the 15 days’ worth of the planned amount of domestic sales of petroleum in the year in which the business commences or 2,500 kiloliters, whichever is more: Provided, That where he/she intends to import petroleum as an agent, petroleum storage facilities that the person who will be supplied with such imported petroleum shall be included therein; |
| 2. | Notwithstanding paragraph 1, the applicant shall be equipped with the following storage facility in any of the following cases: |
| (a) | Where he/she intends to import petroleum gas: A storage facility capable of storing the equivalent of the 15 days’ worth of the planned amount of domestic sales of petroleum gas in the year the business commences: Provided, That where a petroleum refiner intends to import petroleum gas, he/she shall be equipped with an additional storage capacity equivalent to the 15 days’ worth of the planned amount of import of petroleum gas in the relevant year, in addition to the storage facility prescribed in Article 9 (1) 2; |
| (b) | Where he/she intends to import petroleum for his/her own use: A storage facility for his/her exclusive use, which is owned by him/her or leased for a fixed lease term of at least one year; |
| (c) | Where he/she intends to import any petroleum product prescribed by Ordinance of the Ministry of Trade, Industry and Energy among petroleum products whose production falls far short of domestic demand, such as jet fuel (applicable only to those used for light aircraft or similar uses; hereafter in this Article the same shall apply): A storage facility capable of storing the equivalent of the 45 days’ worth of the planned amount of domestic sales in the year the business commences. |
| (2) | The Minister of Trade, Industry and Energy shall grant registration, except where an application for registration of petroleum export-import business filed pursuant to the main sentence of Article 9 (1) of the Act falls under any of the following cases: <Newly Inserted by Presidential Decree No. 23455, Dec. 30, 2011; Presidential Decree No. 24442, Mar. 23, 2013> |
| 1. | Where the applicant fails to meet the requirements for registration prescribed in paragraph (1); |
| 3. | Where the registration of petroleum export-import business is restricted under subparagraph 2 of Article 11-2 of the Act; |
| 4. | Other cases where any restriction under the Act, this Decree, or any other statute, is violated. |
| (3) | A person who has registered petroleum export-import business pursuant to Article 9 (1) of the Act shall be equipped with the following storage facility from the year following that in which the business has commenced: <Amended by Presidential Decree No. 23455, Dec. 30, 2011; Presidential Decree No. 23782, May 14, 2012; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 25611, Sep. 18, 2014; Presidential Decree No. 27661, Dec. 5, 2016> |
| 1. | The greater storage capacity of the equivalent to the 15 days’ worth of the amount of domestic sales of petroleum in the previous year or 2,500 kiloliters; |
| 2. | Notwithstanding paragraph 1, the applicant shall be equipped with the following storage facility in any of the following cases: |
| (a) | Where he/she intends to import petroleum gas: A storage facility capable of storing the equivalent of 15 days’ worth of the amount of domestic sales of petroleum gas in the previous year: Provided, That where a petroleum refiner intends to import petroleum gas, he/she shall be equipped with an additional storage facility capable of storing the equivalent of 15 days’ worth of the amount of petroleum gas imported in the previous year, in addition to the storage facility prescribed in Article 9 (3); |
| (b) | Where he/she intends to import petroleum for his/her own use: A storage facility for his/her exclusive use, which is owned by him/her or leased for a fixed lease period of at least one year; |
| (c) | Where he/she intends to import any petroleum product prescribed by Ordinance of the Ministry of Trade, Industry and Energy among petroleum products, such as jet fuel, production of which falls far short of domestic demand: A storage facility capable of storing the amount equivalent to the amount of domestic sales for 45 days in the previous year. |
| (4) | The scope of storage facilities under paragraphs (1) and (3) and the methods of calculating the amount of domestic sales of petroleum under paragraph (3), shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Presidential Decree No. 23455, Dec. 30, 2011; Presidential Decree No. 24442, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
| Article 13 (Types of Petroleum Retail Business subject to Registration or Reporting) |
The types of petroleum retail business subject to registration or reporting under Article 10 (1), (2) and (4) of the Act; and the petroleum products eligible to be dealt with shall be as specified in attached Table 1. [This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
| Article 14 (Matters subject to Registration of or Reporting on Modification) |
"Matters registered or reported, including the facility location, prescribed by Presidential Decree" in Article 10 (3) of the Act means the following matters: <Amended by Presidential Decree No. 25425, Jun. 30, 2014> | 1. | Name or trade name (where the status of a petroleum retailer is succeeded in accordance with Article 7 of the Act which applies mutatis mutandis under Article 10 (5) of the Act, referring to the name or trade name of the successor); |
| 2. | The representative (applicable only to a corporation); |
| 3. | Location of the main place of business; |
| 4. | Locations or scale of facilities registered or reported. |
[This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
| Article 15 (Registration of Petroleum Retail Business) |
| (1) | The requirements for registration of petroleum retail business, including facility standards, under Article 10 (4) of the Act shall be as specified in attached Table 2: |
| (2) | The Minister of Trade, Industry and Energy, the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor, or the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor), or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply) shall grant registration, except where an application for registration of petroleum retail business filed pursuant to Article 10 (1) of the Act falls under any of the following cases: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 27960, Mar. 27, 2017> |
| 1. | Where the applicant fails to meet any of the requirements for registration prescribed in paragraph (1); |
| 3. | Where the registration of petroleum refinery business is restricted under subparagraph 1 of Article 11-2 of the Act; |
| 4. | Other cases where any restriction under the Act, this Decree, or any other statute, is violated. |
[This Article Wholly Amende by Presidential Decree No. 23455, Dec. 30, 2011]
| Article 16 (Period of Conditional Registration, etc.) |
| (1) | "Period prescribed by Presidential Decree" in Article 11 (1) of the Act means the following periods from the conditional registration date, classified as follows: |
| 1. | A person who intends to engage in petroleum refinery business: Three years; |
| 2. | A person who intends to engage in petroleum export-import business: Two years; |
| 3. | A person who intends to engage in petroleum retail business: One year. |
| (2) | A person who intends to apply for conditional registration under Article 11 (1) of the Act shall submit documents prescribed by Ordinance of the Ministry of Trade, Industry and Energy pursuant to paragraph (5) of the same Article to the Minister of Trade, Industry and Energy, the competent Mayor/Do Governor, or the head of the competent Si/Gun/Gu. <Amended by Presidential Decree No. 23455, Dec. 30, 2011; Presidential Decree No. 24442, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
| Article 16-2 (Scope of Key Facilities) |
"Key facilities prescribed by Presidential Decree" in Article 11-2 of the Act means the facilities classified as follows: | 1. | Petroleum refinery business: |
| (a) | Atmospheric distillation facility; |
| (b) | Vacuum distillation facility; |
| (d) | Desulfurization facility; |
| (e) | Decomposition facility; |
| 2. | Petroleum export-import business: Storage facility; |
| 3. | Petroleum retail business: Storage facility. |
[This Article Newly Inserted by Presidential Decree No. 22518, Dec. 9, 2010]
| Article 17 (Period in which Business Commences) |
[This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
| Article 17-2 (Members of Financial Cooperatives) |
[This Article Newly Inserted by Presidential Decree No. 25611, Sep. 18, 2014]
| Article 17-3 (Authorization for Establishment, etc. of Financial Cooperatives) |
| (1) | When intending to establish a petroleum retailers' financial cooperative pursuant to Article 12-2 (1) of the Act (hereinafter referred to as "financial cooperative"), at least ten petroleum retailers qualified as the members thereof shall prepare articles of association as promoters; and shall file an application for authorization for establishing the same, with the Minister of Trade, Industry and Energy after such resolution is passed at the inaugural general meeting. |
| (2) | When the Minister of Trade, Industry and Energy grants authorization pursuant to paragraph (1), he/she shall publish such fact in the Official Gazette. |
| (3) | Promoters shall be responsible for necessary administrative affairs until a financial cooperative is established and its executive officers are appointed. |
[This Article Newly Inserted by Presidential Decree No. 25611, Sep. 18, 2014]
| Article 17-4 (Matters to be Entered in Articles of Association of Financial Cooperatives) |
Matters to be provided for in the articles of association of a financial cooperative shall be as follows:
| 3. | Location of the office; |
| 4. | Matters concerning business; |
| 5. | Matters concerning executive officers and employees; |
| 6. | Matters concerning qualifications, and admission and withdrawal of members; |
| 7. | Matters concerning the rights and obligations of members; |
| 8. | Value per invested share, and the method of paying for shares; |
| 9. | Matters concerning the procurement, and operation and management of fundamental property; |
| 10. | Matters concerning assets and accounting; |
| 11. | Matters concerning handling surpluses, reserves and losses; |
| 12. | Matters concerning general meetings and the board of directors; |
| 13. | Matters concerning the dissolution and disposing of remaining property; |
| 14. | Matters concerning establishing branches, etc.; |
| 15. | Matters concerning public announcements; |
| 16. | Matters concerning proxies; |
| 17. | Matters concerning amending the articles of association. |
[This Article Newly Inserted by Presidential Decree No. 25611, Sep. 18, 2014]
| Article 17-5 (Operation, Supervision, etc. of Financial Cooperatives) |
| (1) | The Minister of Trade, Industry and Energy shall supervise the following affairs of financial cooperatives pursuant to Article 12-2 (3) of the Act: |
| 1. | Matters requiring a resolution at a general meeting or of the board of directors; |
| 2. | Matters concerning the implementation of affairs prescribed by the articles of association. |
| (2) | A financial cooperative shall complete the settlement of accounts within two months after each business year; and shall submit a report thereon to the Minister of Trade, Industry and Energy along with the balance sheet and profit and loss statement. |
| (3) | A financial cooperative shall keep the balance sheet and the profit and loss statement submitted to the Minister of Trade, Industry and Energy pursuant to paragraph (2) at its main office and branch offices; and shall post the balance sheet on the website of the financial cooperative. |
| (4) | The Minister of Trade, Industry and Energy may require a financial cooperative to report matters referred to in subparagraphs of paragraph (1) or to submit necessary data to supervise affairs of the financial cooperative. In such cases, the financial cooperative shall comply with such request, except in extenuating circumstances. |
[This Article Newly Inserted by Presidential Decree No. 25611, Sep. 18, 2014]
| Article 17-6 (Registration of Financial Cooperatives) |
| (1) | Upon obtaining authorization under Article 17-3, a financial cooperative shall register the following matters at the seat of its main office: |
| 4. | Location of its office; |
| 5. | Date of authorization for establishment; |
| 6. | Total amount of investment, value per invested share, and the method of payment for shares; |
| 7. | Matters concerning restricting transfer of investment certificates; |
| 8. | Names, addresses and resident registration numbers of executive officers; |
| 9. | Matters concerning limited representation; |
| 10. | Matters concerning proxies; |
| 11. | Matters concerning public announcements. |
| (2) | Where any registered matters prescribed in subparagraphs of paragraph (1) (excluding the registered matter concerning the total amount of investment) are modified, the financial cooperative shall register such modification within three weeks from the date of the modification. |
[This Article Newly Inserted by Presidential Decree No. 25611, Sep. 18, 2014]
| Article 17-7 (Business of Financial Cooperatives) |
"Business activities prescribed by Presidential Decree" in subparagraph 5 of Article 12-3 of the Act means the following business activities: | 1. | Programs for counseling on and diagnosis of business management, and education and training of members; |
| 2. | Programs for improving the welfare of members and persons employed by members. |
[This Article Newly Inserted by Presidential Decree No. 25611, Sep. 18, 2014]
| Article 17-8 (Procurement of Fundamental Property) |
"Financial resources prescribed by Presidential Decree" in subparagraph 2 of Article 12-4 of the Act means the following financial resources: | 1. | Contributions or deposits from institutions, organizations, etc. related to petroleum retail business; |
| 3. | Other earnings and income. |
[This Article Newly Inserted by Presidential Decree No. 25611, Sep. 18, 2014]
CHAPTER III STOCKPILING OF PETROLEUM
| Article 18 (Formulating and Amending Plan for Stockpiling Petroleum) |
| (1) | The Minister of Trade, Industry and Energy shall formulate a petroleum stockpiling plan prescribed in Article 15 (1) of the Act, by not later than one month before the commencement of each year, and publicly notify (including posting on the website; hereinafter the same shall apply) the main items of the petroleum stockpiling plan, such as stockpilers, types of petroleum to be stockpiled, and the target quantity for stockpiling by the public sector. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
| (2) | Where the Minister of Trade, Industry and Energy amends any matter publicly notified under paragraph (1), he/she shall publicly notify the amended matters without delay. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
| Article 19 (Persons Obligated to Stockpile Petroleum, etc.) |
| (1) | Deleted. <by Presidential Decree No. 28342, Sep. 26, 2017> |
| (2) | "Person prescribed by Presidential Decree" in Article 17 (1) 3 of the Act means a person who manufactures and sells petroleum by-products to persons who are not petroleum refiners or importers of petroleum gas. <Amended by Presidential Decree No. 22518, Dec. 9, 2010> |
[This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
| Article 20 (Obligatory Quantity of Petroleum to be Stockpiled) |
| (1) | The quantity of petroleum that a person obligated to stockpile under Article 17 (1) of the Act shall be the quantity determined and publicly notified by the Minister of Trade, Industry and Energy within the extent of average daily sales of annual domestic sales quantity for 60 days (hereinafter referred to as "obligatory quantity of petroleum to be stockpiled"). In such cases, the quantity held for normal operations generally deemed necessary by a person obligated to stockpile petroleum (hereinafter referred to as "operating stock quantity") out of the obligatory quantity of petroleum to be stockpiled, shall be publicly notified therewith. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
| (2) | The annual domestic sales quantity referred to in the former part of paragraph (1) shall be the quantity sold domestically during 12 months, counting backward from two months before the relevant month (where the period for calculation is less than 12 months, referring to the domestic sales quantity during the relevant period), and the calculation methods shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
| (3) | In any of the following cases, the Minister of Trade, Industry and Energy may publicly notify the obligatory quantity of petroleum to be stockpiled after adjusting it: <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
| 1. | Where the business conditions of persons obligated to stockpile petroleum have deteriorated significantly due to rapid changes in domestic and overseas economic conditions, such as international petroleum market conditions, exchange rate volatility, or deteriorating foreign currency conditions; |
| 2. | Where business assets (including leased assets) of persons obligated to stockpile petroleum suffer a material loss, due to a natural disaster, fire or any other mishap; |
| 3. | Where there is a risk of disruptions to the domestic supply of and demand for specific petroleum products and price stability; |
| 4. | Where a rapid increase in petroleum price or a rapid increase in the quantity of stockpiled petroleum imposes a heavy burden on persons obligated to stockpile petroleum. |
| (4) | Methods of using petroleum stockpiled pursuant to paragraphs (1) through (3) and other necessary matters shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
| Article 21 (Methods, etc. of Fulfilling Obligation to Stockpile Petroleum) |
Where a person obligated to stockpile petroleum maintains the average stock quantity during the period prescribed by the Minister of Trade, Industry and Energy at a level at least the obligatory quantity of petroleum to be stockpiled, he/she shall be deemed to have fulfilled the obligation to stockpile petroleum pursuant to Article 17 (1) of the Act. In such cases, detailed matters, such as the methods of fulfilling the obligation to stockpile petroleum and the places where petroleum is to be stockpiled, shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> [This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
| Article 22 (Facility Standards for Petroleum Stockpiling Agents) |
| (1) | Facility standards for petroleum stockpiling agent business referred to in Article 17 (2) of the Act shall be as follows: |
| 1. | Agent business involving stockpiling of crude oil or petroleum products (excluding petroleum gas; hereafter in this subparagraph the same shall apply): The agent shall be equipped with a storage facility of at least ten thousand kiloliters of crude oil or petroleum products; |
| 2. | Agent business involving stockpiling of petroleum gas: The agent shall be equipped with a storage facility of at least three thousand tons of petroleum gas. |
| (2) | Matters concerning the scope of storage facilities referred to in subparagraphs of paragraph (1) shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
CHAPTER IV SURCHARGES ON IMPORTING AND RETAILING PETROLEUM
| Article 23 (Persons subject to Surcharges) |
| (1) | Persons subject to surcharges on importing and retailing petroleum under Article 18 (1) 1 of the Act shall be as follows: <Amended by Presidential Decree No. 22518, Dec. 9, 2010; Presidential Decree No. 24442, Mar. 23, 2013> |
| 1. | Petroleum refiners and petroleum exporters or importers who import crude oil, petroleum products and natural gas specified in attached Table 3; |
| 2. | Petroleum refiners and petroleum exporters or importers who sells high-grade gasoline (referring to the gasoline that meets the specification publicly notified by the Minister of Trade, Industry and Energy among gasoline for motor vehicles) and butane, and persons who manufacture and sell petroleum by-products. |
| (2) | "Where ---<Omitted>--- for causes prescribed by Presidential Decree" in the proviso to Article 18 (1) of the Act means any of the following cases: <Amended by Presidential Decree No. 25425, Jun. 30, 2014> |
| 1. | Where a petroleum refiner or petroleum exporter-importer imports petroleum to stockpile the quantity, excluding the operating stock quantity from the obligatory quantity of petroleum to be stockpiled, and the quantity of petroleum to be stockpiled by the Government in accordance with the policies for stockpiling petroleum referred to in Article 16 of the Act (hereinafter referred to as "stockpile quantity exempt from surcharges); |
| 2. | Where a petroleum refiner, a petroleum exporter or importer, or a person who manufactures and sells petroleum by-products sells petroleum to any third person obligated to stockpile petroleum for him/her to stockpile it as stockpile quantity exempt from surcharges; |
| 3. | Where a petroleum exporter or importer imports any petroleum product to use as a fuel for a vessel or aircraft by filling the relevant vessel or aircraft therewith; |
| 4. | Where a petroleum refiner or petroleum importer or exporter, or a person who manufactures and sells petroleum by-products imports the types of petroleum products publicly notified by the Minister of Trade, Industry and Energy, as it is deemed difficult for the Minister of Trade, Industry and Energy to collect surcharges because they are not produced in Korea or their production in Korea significantly falls short of demand; |
| 5. | Where a petroleum refiner, a petroleum exporter or importer, or a person who manufactures and sells petroleum by-products imports or sells petroleum not exceeding the quantity prescribed by Ordinance of the Ministry of Trade, Industry and Energy. |
| (3) | Where a petroleum refiner, or petroleum exporter or importer exempted from surcharges pursuant to paragraph (2) 1 through 3 sells (including lending; hereinafter the same shall apply) or uses the relevant imported petroleum for purposes other than the grounds for being exempted from surcharges, he/she shall pay the exempted surcharges he/she is exempted from: Provided, That where the petroleum stockpiled by the Government in accordance with the policies for stockpiling petroleum under Article 16 of the Act is sold, the person who purchases or rents the petroleum stockpiled by the Government, shall pay the surcharges it is exempted from. <Amended by Presidential Decree No. 25425, Jun. 30, 2014> |
| (4) | Where a petroleum refiner, petroleum exporter or importer, or petroleum retailer who has purchased (including borrowing; hereinafter the same shall apply) petroleum from another person obligated to stockpile petroleum, in the stockpile quantity eligible for exemption from surcharges, for his/her own stockpile quantity eligible for exemption from surcharges, sells or uses the relevant petroleum for purposes other than the grounds for exemption from surcharges, he/she shall pay the exempted surcharges. |
| (5) | Persons subject to collection of surcharges which are to be collected pursuant to Article 18 (1) 2 of the Act shall be the petroleum refiners or petroleum exporters or importers who sell the type of petroleum publicly notified by the Minister of Trade, Industry and Energy at a price higher than its import price. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
| Article 24 (Criteria, etc. for Imposition of Surcharges) |
| (1) | The amount of surcharges referred to in Article 18 (2) 1 of the Act shall be as follows: <Amended by Presidential Decree No. 23455, Dec. 30, 2011; Presidential Decree No. 23906, Jun. 29, 2012; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 25611, Sep. 18, 2014> |
| 1. | Crude oil under Article 23 (1) 1: 16 won per liter; |
| 2. | Petroleum products under Article 23 (1) 1: 16 won per liter; |
| 3. | Natural gas under Article 23 (1) 1: 24,242 won per ton; |
| 4. | High-grade gasoline under Article 23 (1) 2: 36 won per liter; |
| 5. | Butane under Article 23 (1) 2: 62,283 won per ton. |
| (2) | Where any loss is incurred by a petroleum exporter or importer by causing him/her to import petroleum products for the smooth supply of and demand for domestic petroleum products; and the stabilization of prices thereof in accordance with Article 21 (1) of the Act, the Minister of Trade, Industry and Energy may collect the surcharges calculated by deducting the loss from the amount prescribed in Article 18 (2) of the Act. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
| (3) | The amount of surcharges imposed under Article 18 (4) of the Act shall be calculated by applying the interest rate prescribed by Ordinance of the Ministry of Trade, Industry and Energy, based upon the interest rates of financial institutions on delinquent loans to defaulted charges. In such cases, the period of collection of surcharges shall not exceed 60 months. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
| Article 25 (Payment Deadline and Methods of Collection of Surcharges) |
| (1) | A person subject to payment of surcharges under Article 18 (1) 1 of the Act shall pay the relevant surcharges to the Bank of Korea under the Bank of Korea Act (including National Treasury collecting agencies and National Treasury receipt banks; hereinafter referred to as the "Bank of Korea") by no later than the following payment deadline: <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
| 1. | Surcharges on petroleum imports: The day the import declaration under Article 248 of the Customs Act is received (where surcharges exempt pursuant to Article 23 (3) or (4) are to be paid, referring to the day the relevant petroleum is sold or used; hereafter in this subparagraph the same shall apply): Provided, That the payment deadline for surcharges on the petroleum imported by a person who falls under the criteria determined and publicly notified by the Minister of Trade, Industry and Energy, such as those who have provided collateral corresponding to amount of surcharges, shall be the 15th day of the month immediately following the month in which the import declaration under Article 248 of the Customs Act is received; |
| 2. | Surcharges on petroleum products for sale: The last day of the month immediately following the month in which the relevant petroleum products (where surcharges exempt pursuant to Article 23 (4) are to be paid by selling or using petroleum for purposes other than the grounds for exemption of imposition of surcharges, referring to the day the relevant petroleum products are sold or used) are sold. |
| (2) | A person subject to payment of surcharges under Article 18 (1) 2 of the Act shall pay the relevant surcharges to the Bank of Korea, within three months from the date the amount of surcharges are publicly notified. |
| (3) | A person who intends to pay surcharges under paragraphs (1) and (2) shall submit documents prescribed by Ordinance of the Ministry of Trade, Industry and Energy to the head of an institution entrusted with the affairs related to collecting and refunding surcharges pursuant to Article 28 (1). <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
| (4) | Detailed matters necessary for paying and collecting surcharges shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
| Article 26 (Deferment of Collection of Surcharges) |
| (1) | Where a petroleum refiner, a petroleum exporter or importer, or a person who manufactures and sells petroleum by-products is deemed unable to pay surcharges by the payment deadline prescribed in Article 25 due to any of the following reasons, the Minister of Trade, Industry and Energy may postpone the payment deadline for all or some of the surcharges within a period, not exceeding 90 days: <Amended by Presidential Decree No. 22518, Dec. 9, 2010; Presidential Decree No. 24442, Mar. 23, 2013> |
| 1. | Where a material loss is incurred to the business assets of the petroleum refiner, petroleum exporter or importer or petroleum retailer due to a natural disaster, fire or any other disaster; |
| 2. | Where a heavy financial burden is imposed on the petroleum refiner, petroleum exporter or importer, or petroleum retailer due to volatility of international petroleum prices, foreign exchange rates, deterioration in the terms and conditions of payment of petroleum import prices, or substantial net loss for the current term; |
| 3. | Where naphtha is imported; |
| 4. | Where any petroleum product publicly notified by the Minister of Trade, Industry and Energy is imported as a petroleum product in place of naphtha. |
| (2) | Where the Minister of Trade, Industry and Energy postpones the payment deadline for surcharges pursuant to paragraph (1), he/she may request the provision of collateral that corresponds to the amount related to the postponement. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
| (3) | When the Minister of Trade, Industry and Energy collects surcharges, having a postponed payment deadline, where a person for whom the payment deadline was postponed pursuant to paragraph (1) falls under any ground for refund of surcharges prescribed in subparagraphs of Article 27 (1), he/she shall collect the amount calculated by subtracting the amount to be refunded from the surcharges. |
| (4) | Detailed matters necessary to suspend collection of surcharges shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
| Article 26-2 (Payment by Credit Cards, etc.) |
| (1) | The surcharges under Articles 18 and 37 of the Act may be paid by credit card, debit card, etc. (hereafter in this Article referred to as "credit card, etc."). |
| (2) | Details matters necessary to make payment by credit card, etc., shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. |
[This Article Newly Inserted by Presidential Decree No. 27661, Dec. 5, 2016]
| Article 27 (Refund, etc. of Surcharges) |
| (1) | "Where a person ---<Omitted>--- uses or supplies petroleum for any purpose prescribed by Presidential Decree" in Article 19 (1) of the Act means any of the following cases: <Amended by Presidential Decree No. 23906, Jun. 29, 2012; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree Nos. 24695 & 24697, Aug. 27, 2013; Presidential Decree No. 25078, Jan. 14, 2014; Presidential Decree No. 25425, Jun. 30, 2014; Presidential Decree No. 26437, Jul. 24, 2015; Presidential Decree No. 27325, Jul. 7, 2016; Presidential Decree No. 27661, Dec. 5, 2016; Presidential Decree No. 28342, Sep. 26, 2017> |
| 1. | Where a petroleum refiner or petroleum exporter or importer exports any product prescribed by Ordinance of the Ministry of Trade, Industry and Energy as a product produced by refining a petroleum product or petroleum (including cases where it is sold to the United Nations Forces in Korea or other agencies of foreign military forces or vessels navigating or aircraft flying between the Republic of Korea and foreign countries and cases where it is shipped to North Korea in accordance with the Inter-Korean Exchange and Cooperation Act); |
| 2. | Where any product prescribed by Ordinance of the Ministry of Trade, Industry and Energy as a product produced by refining a petroleum product or petroleum is supplied as an industrial raw material prescribed by the Minister of Trade, Industry and Energy (including cases where products are supplied as a fuel to produce a product to be used as a raw material industrially among by-products); |
| 3. | Where a petroleum refiner refines petroleum or a petroleum exporter or importer imports petroleum and stockpiles or sells it for stockpile quantity eligible for exemption from surcharges; |
| 4. | Where a petroleum product under Article 23 (2) 4 is produced in Korea and supplied for the purpose designated by the Minister of Trade, Industry and Energy; |
| 5. | Where a petroleum product publicly notified by the Minister of Trade, Industry and Energy is produced in Korea by refining petroleum, among petroleum products not subject to collection of surcharges; |
| 6. | Where a petroleum product imported by a petroleum exporter or importer has imported is traded through spot electronic commerce involving petroleum products conducted by the Korea Exchange, which is deemed to have obtained permission for an exchange in accordance with Article 15 (1) of the Addenda to the partially amended Financial Investment Services and Capital Markets Act (Act No. 11845) (hereinafter referred to as the "Korea Exchange"): Provided, That this shall apply only in cases where the petroleum product that clears customs during the period from July 1, 2012 to December 31, 2019 is traded; |
| 7. | Where a petroleum product manufactured by a petroleum refiner is traded through the spot electric commerce involving petroleum products conducted by the Korea Exchange during the period from July 1, 2013 to December 31, 2019; |
| 8. | Where natural gas is supplied to any of the following persons for use as a fuel for facilities producing heat and electricity concurrently: Provided, That this shall be limited to the supply conducted during the period from January 1, 2014 to December 31, 2017, and excludes the supply to large-quantity users referred to in subparagraph 3 of Article 2 of the Urban Gas Business Act: |
| 9. | Where natural gas is supplied to an urban gas business entity defined in subparagraph 2 of Article 2 of the Urban Gas Business Act for use as a fuel for cooling facilities or cooling and heating supply facilities: Provided, That this shall be limited to cases where it is supplied during the period from January 1, 2014 to December 31, 2017. |
| (2) | In refunding surcharges pursuant to Article 19 (1) of the Act, the Minister of Trade, Industry and Energy shall determine the amount of the surcharge taking all of the following matters into consideration: <Newly Inserted by Presidential Decree No. 25611, Sep. 18, 2014> |
| 1. | Unit amount of surcharges prescribed in Article 24 (1); |
| 2. | Quantities used or prescribed for purposes prescribed in subparagraphs of paragraph (1); |
| 3. | Other matters prescribed by the Minister of Trade, Industry and Energy as necessary for the supply of and demand for petroleum and for stabilizing the prices. |
| (3) | Where a petroleum refiner or petroleum exporter or importer uses or supplies crude oil imported from the regions publicly notified by the Minister of Trade, Industry and Energy, such as the Americas, Europe or Africa, (hereinafter referred to as "area other than the Middle East) by no later than December 31, 2018, for purposes prescribed in subparagraphs of paragraph (1), the Minister of Trade, Industry and Energy may determine the amount to be refunded, based upon the amount calculated in the manner publicly notified by the Minister of Trade, Industry and Energy within the extent not exceeding the surcharges collected pursuant to Article 24 (1) 1 as costs incurred in importing crude oil from an area other than the Middle East, in addition to the matters prescribed in subparagraphs of paragraph (2). <Newly Inserted by Presidential Decree No. 25611, Sep. 18, 2014; Presidential Decree No. 26437, Jul. 24, 2015> |
| (4) | A person who intends to have surcharges or amounts overpaid or erroneously paid refunded pursuant to Article 19 (1) of the Act, shall file an application for refund with an institution entrusted with the administrative affairs concerning the refund pursuant to Article 28 (1) within five years from the date the grounds for refund arise. |
| (5) | Where the Bank of Korea receives an order to pay a refund from an institution entrusted with the administrative affairs concerning the refund pursuant to Article 28 (1), it shall pay it immediately by transferring the amount necessary for the refund, from the revenue account of the special accounts for energy and resources-related projects under the Act on the Special Accounts for Energy and Resources-Related Projects to the refund account. |
| (6) | "Interest rate set by Presidential Decree" in Article 19 (3) of the Act means the interest rate determined and publicly notified by the Minister of Trade, Industry and Energy taking into consideration the average interest rate on fixed deposits with one year maturity of banks having their main offices in Seoul Special Metropolitan City among banks authorized for banking business under the Banking Act. <Amended by Presidential Decree No. 22493, Nov. 15, 2010; Presidential Decree No. 24442, Mar. 23, 2013> |
| (7) | Except as otherwise expressly provided for in paragraphs (1) through (6), persons subject to the refund of surcharges and overpaid or erroneously paid dues, the scope and methods for refunding the same, and other necessary matters, shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 25611, Sep. 18, 2014> |
[This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
| Article 27-2 (Collection, etc. of Over-Refunded Amount) |
| (1) | When the Minister of Trade, Industry and Energy collects any over-refunded amount pursuant to Article 19-2 (1) of the Act, he/she shall give notice thereof stating a fixed amount and the payment deadline. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
| (2) | In collecting an over-refunded amount pursuant to paragraph (1), the Minister of Trade, Industry and Energy may appropriate any surcharges, additional dues, or expenses for disposition on default that the person eligible for the refund is liable to pay for the amount to be collected. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
| (3) | A person who is notified of an over-refunded amount to be repaid, shall repay the relevant over-refunded amount to the Bank of Korea by no later than the payment deadline. |
| (4) | Except as otherwise expressly provided for in paragraphs (1) through (3), matters necessary for collecting, etc. over-refunded amount shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
| Article 28 (Entrustment of Administrative Affairs, etc. of Collecting Surcharges) |
| (1) | Pursuant to Article 20 (1) of the Act, the Minister of Trade, Industry and Energy shall entrust the Korea National Oil Corporation under the Korea National Oil Corporation Act (hereinafter referred to as the "Corporation") with the administrative affairs concerning the collection of surcharges and additional dues, objections filed, the refund and appropriation of surcharges and the amount overpaid or erroneously paid, and recovering the over-refunded amount: Provided, That the affairs classified as follows among the administrative affairs concerning refunding surcharges shall be entrusted to each institution prescribed in the relevant subparagraph: <Amended by Presidential Decree No. 23782, May 14, 2012; Presidential Decree No. 23906, Jun. 29, 2012; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 25078, Jan. 14, 2014; Presidential Decree No. 25425, Jun. 30, 2014> |
| 1. | Confirmation of any of the following quantities: The Korea Petroleum Quality & Distribution Authority established under Article 25-2 of the Act (hereinafter referred to as the "Korea Petroleum Quality & Distribution Authority"): |
| (a) | Quantity supplied for use as industrial raw materials pursuant to Article 27 (1) 2; |
| (b) | Quantity of petroleum products (limited to petroleum products publicly notified by the Minister of Trade, Industry and Energy pursuant to the same subparagraph) supplied after being produced in Korea pursuant to Article 27 (1) 5; |
| (c) | Quantity traded through the spot electric commerce of petroleum products pursuant to Article 27 (1) 6 and 7; |
| 2. | Verification of quantity of natural gas supplied pursuant to Article 27 (1) 8 and 9: The Korea Gas Corporation under the Korea Gas Corporation Act (hereinafter referred to as the "Korea Gas Corporation"). |
| (2) | Where necessary to efficiently perform the administrative affairs entrusted pursuant to paragraph (1), the Corporation, the Korea Petroleum Quality & Distribution Authority, and the Korea Gas Corporation may determine detailed matters concerning the relevant administrative affairs with approval from the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 25078, Jan. 14, 2014> |
| (3) | The Corporation shall file monthly reports on the status of the collection of surcharges, objections filed, and refund with the Minister of Trade, Industry and Energy, by no later than the 15th day of the following month. <Amended by Presidential Decree No. 23782, May 14, 2012; Presidential Decree No. 24442, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
CHAPTER V ADJUSTMENT OF SUPPLY OF AND DEMAND FOR PETROLEUM IN EMERGENCY
| Article 29 (Types of Petroleum Products and Petrochemicals subject to Reporting) |
"Petroleum products and petrochemicals, prescribed by Presidential Decree" in Article 21 (1) 12 of the Act means the following: <Amended by Presidential Decree No. 22518, Dec. 9, 2010> | (b) | Intermediate petroleum products; |
[This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
| Article 30 (Rationing of Petroleum) |
If the Minister of Trade, Industry and Energy intends to take measures such as rationing petroleum prescribed in Article 22 (1) of the Act, he/she shall determine and publicly notify the following matters without delay: <Amended by Presidential Decree No. 24442, Mar. 23, 2013> | 1. | Matters concerning adjusting distribution channels of petroleum; |
| 2. | Standards and procedures for rationing petroleum by region, by type of petroleum, by purpose, and by consumer, and other matters necessary for rationing; |
| 3. | Matters concerning the persons subject to the restricted or prohibited from transferring, acquiring or using petroleum, and limited quantity by type of petroleum. |
[This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
CHAPTER VI QUALITY MANAGEMENT OF PETROLEUM
| Article 31 (Calibration, etc. of Quality of Petroleum Products) |
| (1) | "Person prescribed by Presidential Decree, such as a petroleum refiner, petroleum exporter or importer, international petroleum trader, petroleum retailer registered pursuant to the proviso to Article 10 (1), installer of oil pipelines, manager of oil pipelines provided in the Oil Pipeline Safety Control Act" in Article 26 (1) of the Act means the following persons: <Amended by Presidential Decree No. 22518, Dec. 9, 2010; Presidential Decree No. 28342, Sep. 26, 2017> |
| 2. | A petroleum exporter or importer; |
| 2-2. | An international petroleum trader; |
| 3. | A person who manufactures and sells petroleum by-products; |
| 4. | An installer of oil pipelines, manager of oil pipelines, or manger of storage facilities attached to oil pipelines; |
| (2) | "Places designated by Presidential Decree, such as the location of any petroleum refinery registered in accordance with Article 5 (1), the location of facilities manufacturing petroleum by-products, any bonded area, or storage facilities attached to oil pipelines installed and operated by any installer and any manager of oil pipelines provided in the Oil Pipeline Safety Control Act" in the main sentence of Article 26 (2) of the Act means the following facilities or areas: <Amended by Presidential Decree No. 28342, Sep. 26, 2017> |
| 1. | Petroleum refinery facilities and petroleum storage facilities registered by a petroleum refiner pursuant to Article 5 (1) of the Act; |
| 2. | Facilities for manufacturing petroleum by-products; |
| 4. | Storage facilities attached to oil pipelines installed and operated by any pipeline installer and any pipeline manager under the Oil Pipeline Safety Control Act; |
| 5. | Petroleum storage facilities owned by the Corporation. |
| (3) | Deleted. <by Presidential Decree No. 28342, Sep. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
| Article 31-2 (Places for Mixing Alternative Fuels) |
"Places designated by Presidential Decree, such as the location of any refinery registered under Article 5 (1), any bonded area, or storage facilities attached to oil pipelines installed and managed by any installer or any manager of oil pipelines under the Oil Pipeline Safety Control Act" in Article 26-2 (2) of the Act means the following facilities or areas: <Amended by Presidential Decree No. 28342, Sep. 26, 2017> | 1. | Petroleum refinery facilities and petroleum storage facilities registered by a petroleum refiner pursuant to Article 5 (1) of the Act; |
| 3. | Storage facilities attached to oil pipelines installed and operated by any pipeline installer and pipeline manager under the Oil Pipeline Safety Control Act; |
| 4. | Petroleum storage facilities owned by the Corporation. |
[This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
CHAPTER VII ALTERNATIVE FUEL BUSINESS, ETC.
| Article 32 (Quantity Exempt from Counting for Registration of Business of Manufacturing and Exporting or Importing Alternative Fuels) |
"Alternative fuel whose quantity does not exceed the quantity prescribed by Presidential Decree" in Article 32 (1) 2 of the Act means an alternative fuel, the import quantity of which in the relevant year does not exceed ten thousand kiloliters. [This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
| Article 33 (Matters subject to Registration of Modification of Business of Manufacturing and Exporting or Importing Alternative Fuels) |
"Matter prescribed by Presidential Decree" in Article 32 (2) of the Act means any of the following matters: <Amended by Presidential Decree No. 25425, Jun. 30, 2014> | 1. | Name or trade name (where the status of a business entity manufacturing and exporting or importing alternative fuels is succeeded in accordance with Article 7 of the Act which applies mutatis mutandis under Article 32 (4) of the Act, referring to the name or trade name of the successor); |
| 2. | The representative (applicable only to a corporation); |
| 3. | Location of the main place of business (limited to cases where alternative fuels are exported or imported); |
| 4. | Locations or scale of the alternative fuel storage facilities (excluding cases where the scale of registered alternative fuel storage facilities owned by the applicant increases or decreases by less than 20 percent of the total registered alternative fuel registration facilities); |
| 5. | Locations or production capacity of the alternative fuel manufacturing facilities (excluding cases where the production capacity of registered alternative fuel storage facilities owned by the applicant increases or reduces by less than 20 percent of the total production capacity of the registered alternative fuel registration facilities); |
[This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
| Article 34 (Registration of Business of Manufacturing and Exporting or Importing Alternative Fuels) |
| (1) | Requirements for registration of the business of manufacturing and exporting or importing alternative fuels, including the facility standards, under Article 32 (3) of the Act are as follows: |
| 1. | The applicant shall be equipped with alternative fuel manufacturing facilities, such as blending and mixing facilities (applicable only where any alternative fuel is manufactured); |
| 2. | The applicant shall be equipped with a storage facility capable of storing the equivalent of 30 days’ worth of the planned amount of domestic sales of the alternative fuel (20 days’ worth, if the applicant intends to import any alternative fuel for his/her own use) in the year the business commences. |
| (2) | The Minister of Trade, Industry and Energy shall grant registration, except where an application for registration of business of manufacturing and exporting or importing alternative fuels filed pursuant to the main sentence of Article 32 (1) of the Act falls under any of the following cases: <Newly Inserted by Presidential Decree No. 23455, Dec. 30, 2011; Presidential Decree No. 24442, Mar. 23, 2013> |
| 1. | Where the applicant fails to meet the requirements for registration prescribed in paragraph (1); |
| 3. | Where the registration of business of manufacturing and exporting or importing alternative fuels is restricted under subparagraph 1 of Article 33-2 of the Act; |
| 4. | Other cases where any restriction under the Act, this Decree, or any other statute, is violated. |
| (3) | A person who has registered business of manufacturing and exporting or importing alternative fuels pursuant to Article 32 (1) of the Act shall be equipped with a storage facility capable of storing the equivalent of 30 days’ worth of the amount of domestic sales of alternative fuels (20 days’ worth, if the alternative fuels are imported for his/her own use) in the previous year from the year following that in which the relevant business has commenced. <Amended by Presidential Decree No. 23455, Dec. 30, 2011> |
| (4) | The scope of storage facilities of alternative fuels under paragraphs (1) 2 and (3) and the methods of calculating the amount of domestic sales of alternative fuels under paragraph (3), shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Presidential Decree No. 23455, Dec. 30, 2011; Presidential Decree No. 24442, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
| Article 35 (Matters subject to Registration of Modification of Alternative Fuel Retail Business) |
"Matter prescribed by Presidential Decree" in the latter part of Article 33 (1) of the Act means the following matters: <Amended by Presidential Decree No. 25425, Jun. 30, 2014> | 1. | Name or trade name (where the status of a business entity manufacturing and exporting or importing alternative fuels is succeeded in accordance with Article 7 of the Act which applies mutatis mutandis under Article 33 (3) of the Act, referring to the name or trade name of the successor); |
| 2. | The representative (applicable only to a corporation); |
| 3. | Location of the main place of business; |
| 4. | Locations or scale of registered facilities. |
[This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
| Article 36 (Types and Registration of Alternative Fuel Retail Business) |
| (1) | The types of alternative fuel retail business subject to registration under Article 33 (2) of the Act; and the alternative fuels eligible to be dealt with shall be as specified in attached Table 1. |
| (2) | The requirements for registration of alternative fuel retail business, including facility standards, under Article 33 (2) of the Act shall be as specified in attached Table 2. |
| (3) | A Mayor/Do Governor or the head of a Si/Gun/Gu shall grant registration, except where an application for registration of alternative fuel retail business filed pursuant to the former part of Article 33 (1) of the Act falls under any of the following cases: <Newly Inserted by Presidential Decree No. 23455, Dec. 30, 2011> |
| 1. | Where the applicant fails to meet the requirements for registration prescribed in paragraph (1); |
| 3. | Where the registration of alternative fuel retail business is restricted under subparagraph 2 of Article 33-2 of the Act; |
| 4. | Other cases where any restriction under the Act, this Decree or any other statute is violated. |
[This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
| Article 37 (Period of Conditional Registration, Period, etc. in which Business Commences) |
| (1) | Article 16 (excluding paragraph (1) 2 of the same Article) shall apply mutatis mutandis to the following conditional registrations. In such cases, "petroleum refinery business" shall be construed as "business of manufacturing and exporting or importing alternative fuels;" and "petroleum retail business" as "alternative fuel retail business," respectively: |
| (2) | Article 17 shall apply mutatis mutandis to the following periods in which the business commences: |
[This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
| Article 37-2 (Scope of Key Facilities) |
"Key facilities prescribed by Presidential Decree" in Article 33-2 of the Act means the facilities classified as follows: | 1. | Business of manufacturing and exporting or importing alternative fuels: |
| (a) | Blending and mixing facilities; |
| 2. | Alternative fuel retail business: Storage facilities. |
[This Article Newly Inserted by Presidential Decree No. 22518, Dec. 9, 2010]
| Article 38 (Alternative Fuels, etc. subject to Stockpiling) |
| (1) | Alternative fuels a business entity manufacturing and exporting or importing alternative fuels is obligated to stockpile pursuant to Article 36 of the Act means the fuels falling under subparagraphs of Article 5. |
| (2) | Notwithstanding paragraph (1), no obligation to stockpile alternative fuels under Article 36 of the Act shall be imposed on a person who imports any alternative fuel for his/her own use. |
| (3) | Articles 20 and 21 shall apply mutatis mutandis to the obligation to stockpile alternative fuels. In such cases, "petroleum" shall be construed as "alternative fuels;" and "petroleum products" as "alternative fuels," respectively. |
[This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
| Article 39 (Persons subject to Surcharges on Importation) |
| (1) | Persons subject to surcharges for importing alternative fuels under Article 37 (1) of the Act means business entities manufacturing and exporting or importing alternative fuels specified in attached Table 3. |
| (2) | "Cause prescribed by Presidential Decree" in the proviso to Article 37 (1) of the Act means any of the following causes: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 25425, Jun. 30, 2014> |
| 1. | That a business entity manufacturing and exporting or importing alternative fuels imports an alternative fuel to stockpile the quantity excluding the operating stock quantity, from the obligatory quantity of alternative fuel to be stockpiled (hereinafter referred to as "stockpile quantity eligible for exemption from surcharges"); |
| 2. | That a business entity manufacturing and exporting or importing alternative fuels imports the types of alternative fuels publicly notified by the Minister of Trade, Industry and Energy, as it is deemed difficult for the Minister of Trade, Industry and Energy to collect surcharges because they are not produced in Korea or their production in Korea significantly falls short of the demand; |
| 3. | That a business entity manufacturing and exporting or importing alternative fuels imports an alternative fuel in a quantity not exceeding that prescribed by Ordinance of the Ministry of Trade, Industry and Energy. |
| (3) | Where a business entity manufacturing and exporting or importing alternative fuels which is exempted from collection of surcharges under paragraph (2) 1, sells or uses the relevant alternative fuel for purposes other than the grounds for the exemption from surcharges, he/she shall pay the surcharges from which he/she is exempted. |
| (4) | Where a business entity manufacturing and exporting or importing alternative fuels which has purchased an alternative fuel from a person obligated to stockpile such alternative fuel, in the stockpile quantity eligible for exemption from surcharges, for his/her own stockpile quantity eligible for exemption from surcharges, sells or uses the relevant alternative fuel for purposes other than the grounds for the exemption of surcharges, he/she shall pay the exempted surcharges. |
[This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
| Article 40 (Criteria, etc. for Imposition of Surcharges) |
| (1) | The amount of surcharges referred to in Article 37 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
| 1. | Biodiesel fuel oil under subparagraph 2 of attache Table 3: 16 won per liter; |
| 2. | Bioethanol fuel oil under subparagraph 2 of attache Table 3: 16 won per liter; |
| 3. | Emulsified fuel oil under subparagraph 2 of attache Table 3: 11 won per litter; |
| 4. | Alternative fuels under subparagraph 9 of Article 5, which is referred to in subparagraph 2 of attached Table 3: An amount prescribed by Ordinance of the Ministry of Trade, Industry and Energy within the extent of 16 won per litter. |
| (2) | The amount of surcharges under Article 37 (4) of the Act shall be calculated by applying the interest rate prescribed by Ordinance of the Ministry of Trade, Industry and Energy, based upon the interest rates of financial institutions on delinquent loans to defaulted charges. In such cases, the period of collection of surcharges shall not exceed 60 months. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
| (3) | Articles 25 (1), (3) and (4), 26, 27-2, and 28 shall apply mutatis mutandis to the payment deadline and methods of collection of surcharges on alternative fuels; deferment of collection of surcharges; collection of over-refunded amount; and entrusting administrative affairs concerning the collection of surcharges. In such cases, "Article 18 (1) 1 of the Act" shall be construed as "Article 37 (1) of the Act;" "petroleum" as "alternative fuels;" and "Article 23 (3) or (4)" as "Article 39 (3) or (4)," respectively. In addition, "petroleum refiner, a petroleum exporter or importer, or a person who manufactures and sells petroleum by-products" in Article 26 shall be construed as "business entity manufacturing and exporting or importing alternative fuels;" "subparagraphs of Article 27" as "subparagraphs of 41 (1);" "Article 19-2 (1) of the Act" in Article 27-2 as "Article 37 (7) of the Act;" and "Article 20 (1) of the Act" in Article 28 as "Article 37 (7) of the Act," respectively. <Amended by Presidential Decree No. 22518, Dec. 9, 2010> |
[This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
| Article 41 (Refund, etc. of Surcharges) |
| (1) | "Where a person ---<Omitted>--- uses or supplies petroleum for any purpose prescribed by Presidential Decree" in Article 19 (1) of the Act which applies mutatis mutandis to the refund and appropriation of surcharges or to amounts overpaid and erroneously paid under Article 37 (7) of the Act, means any of the following cases: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 25425, Jun. 30, 2014> |
| 1. | Where a business entity manufacturing and exporting or importing alternative fuels exports alternative fuels exports any alternative fuel (including cases where it is sold to the United Nations Forces in Korea or other agencies of foreign military forces or vessels navigating or aircraft flying between the Republic of Korea and foreign countries and cases where it is shipped to North Korea in accordance with the Inter-Korean Exchange and Cooperation Act); |
| 2. | Where a business entity manufacturing and exporting or importing alternative fuels manufactures or imports any alternative fuel and stockpiles or sells it for stockpile quantity eligible for exemption from surcharges. |
| (2) | A person who intends to have surcharges or have amounts overpaid or erroneously paid refunded pursuant to Article 37 of the Act, shall file an application for the refund with an institution entrusted with the administrative affairs concerning the refund pursuant to Article 40 (3) within five years from the date the grounds for refund has occurred. |
| (3) | Upon receipt of an order to pay a refund from an institution entrusted with the administrative affairs concerning the refund pursuant to Article 40 (3), the Bank of Korea shall pay it immediately by transferring the amount necessary for the refund from the revenue account of the special accounts for energy and resources-related projects under the Act on the Special Accounts for Energy and Resources-Related Projects to the refund account. |
| (4) | The scale and methods of refunding surcharges under paragraphs (1) and (2), and other necessary matters shall be determined and publicly notified by the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
CHAPTER VIII SUPPLEMENTARY PROVISIONS
| Article 41-2 (Frequency of Reporting on Business) |
In issuing an order to a petroleum refiner to report his/her business pursuant to Article 38 (1) of the Act, the Minister of Trade, Industry and Energy, a Mayor/Do Governor or the head of a Si/Gun/Gu may require him/her to file a report, periodically, such as weekly or monthly, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. [This Article Newly Inserted by Presidential Decree No. 25425, Jun. 30, 2014]
| Article 42 (Scope of Major Consumers of Petroleum) |
"Major consumers of petroleum, including solvent, prescribed by Presidential Decree" in Article 38 (2) of the Act means any of the following persons: | 1. | Any solvent consumer whose purchase quantity of solvents in the previous year is at least 100 kiloliters or whose purchase quantity thereof in the previous month is at least ten kiloliters; |
| 2. | Any petroleum consumer whose purchase quantity of petroleum in the previous year is at least ten kiloliters. |
[This Article Wholly Amended by Presidential Decree No. 23782, May 14, 2012]
| Article 42-2 (Reporting, Disclosure, etc. of Sales Prices) |
| (1) | The following persons shall report the sales prices of petroleum products to the Minister of Trade, Industry and Energy pursuant to Article 38-2 (1) of the Act: <Amended by Presidential Decree No. 22518, Dec. 9, 2010; Presidential Decree No. 24442, Mar. 23, 2013> |
| 1. | Petroleum refiners (limited to petroleum refiners registered pursuant to Article 5 (1) of the Act and petroleum refiners who manufacture asphalt reported pursuant to Article 5 (2) of the Act; hereafter in this Article the same shall apply); |
| 2. | Petroleum exporters or importers (limited to petroleum exporters or importers who import petroleum products for the purpose of domestic sales in whole or in part; hereafter in this Article the same shall apply); |
| 3. | The following petroleum retailers: |
| (a) | Person who manufactures and sells petroleum by-products; |
| (e) | Secondary fuel oil retail shops. |
| (2) | The types of petroleum products that a person obligated to report the sales prices of petroleum products pursuant to paragraph (1), matters to be reported, reporting methods, and deadline for reporting shall be as specified in attached Table 4. |
| (3) | The Minister of Trade, Industry and Energy shall disclose the sales prices of petroleum products reported pursuant to paragraph (2) according to the following categories: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 27325, Jul. 7, 2016> |
| 1. | Petroleum refiners: Weekly and monthly average sales price of all petroleum refiners: Provided, That in the case of petroleum refiners who sell at least the quantity prescribed by Ordinance of the Ministry of Trade, Industry and Energy, the weekly and monthly average sales price of each petroleum refiners shall also be disclosed; |
| 2. | Petroleum exporters or importers: Monthly average sales price of all petroleum exporters or importers: Provided, That in the case of petroleum exporters or importers who sell at least the quantity prescribed by Ordinance of the Ministry of Trade, Industry and Energy, the weekly and monthly average sales price of each petroleum exporters or importers shall also be disclosed; |
| 3. | General agencies: Monthly average sales price of all general agencies; |
| 4. | Gas stations: The following sales prices: |
| (a) | Daily average sales price of all gas stations; |
| (b) | Normal sales price of each gas station (referring to the sales price to which no discount or premium is applied in accordance with separate transaction conditions; hereinafter the same shall apply); |
| (4) | The types of petroleum products subject to sales price disclosure under paragraph (3), matters to be disclosed, and the timing and methods of disclosure shall be as specified in attached Table 5. |
| (5) | A petroleum retailer who displays the sales prices of petroleum products pursuant to Article 38-2 (3) of the Act, shall display them by installing a price display board at a position where such price information is easily recognizable by consumers. <Newly Inserted by Presidential Decree No. 25425, Jun. 30, 2014> |
| (7) | Detailed matters concerning the types of price display boards for indicating prices; and the positions, methods, etc. of the display under paragraphs (5) and (6) shall be separately determined and publicly notified by the Minister of Trade, Industry and Energy. <Newly Inserted by Presidential Decree No. 25425, Jun. 30, 2014> |
| (8) | Pursuant to Article 38-2 (4) of the Act, the Minister of Trade, Industry and Energy shall entrust the Corporation with the affairs related to the reporting and disclosure of the sales prices under paragraphs (1) and (2) of the same Article. <Amended by Presidential Decree No. 23782, May 14, 2012; Presidential Decree No. 24442, Mar. 23, 2013> |
| (9) | The Corporation shall submit monthly reports on the status of handling of affairs related to reporting of sales prices under Article 38-2 (1) of the Act, which is entrusted to it pursuant to paragraph (8), to the Minister of Trade, Industry and Energy by no later than the 20th day of the following month. <Newly Inserted by Presidential Decree No. 27325, Jul. 7, 2016> |
| (10) | Except as otherwise expressly provided for in paragraphs (1) through (4), matters necessary for the reporting, disclosure, etc. of sales prices of petroleum products shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
[This Article Newly Inserted by Presidential Decree No. 21462, Apr. 30, 2009]
| Article 42-3 (Types of Business Facilities, and Activities for Installation and Alteration thereof) |
Detailed matters concerning the types of business facilities and activities for installing and altering the same according to the latter part of Article 39 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 26437, Jul. 24, 2015> | 1. | Newly installing, replacing, transferring, or repairing a storage facility at a place of manufacture or sales, or newly installing its inlet or manhole or transferring the location thereof; |
| 2. | Installing an additional separate storage facility at a place of manufacture or sales, or separation of the inside the storage facility using steel plate, etc. for the purpose of manufacturing, etc. fake petroleum products; |
| 3. | Newly installing, replacing, transferring, demolishing, or repairing piping for the purpose of producing, etc. fake petroleum products; |
| 4. | Installing or loading filters, activated carbon, etc. on transportation equipment (including motor vehicles for mobile sales) to remove coloring agents and identification agents for the purpose of manufacturing, etc. fake petroleum products; |
| 5. | Altering the meter, pump, circuit board, software, etc. of a lubricator or installing a modified lubricator for the purpose of delivering less than the ordered quantity; |
| 6. | Heating petroleum products by newly installing, replacing, transferring, or repairing the piping or a storage facility of a place of business and connecting them to a rapid heater, etc. for the purpose of selling a volume wrongfully increased. |
[This Article Newly Inserted by Presidential Decree No. 23782, May 14, 2012]
| Article 42-4 (User's Tolerance) |
[This Article Newly Inserted by Presidential Decree No. 21462, Apr. 30, 2009]
| Article 42-5 (Types of Motor Vehicles and Machines) |
[This Article Newly Inserted by Presidential Decree No. 23782, May 14, 2012]
| Article 42-6 (Purposes of Use of Acquired Information or Data) |
"Purposes prescribed by Presidential Decree, such as verifying whether the obligation under Article 29 is violated" in Article 38-3 of the Act means any of the following purposes: | 4. | Compiling and using statistical information for the purpose of formulating policies. |
[This Article Newly Inserted by Presidential Decree No. 25425, Jun. 30, 2014]
| Article 43 (Act of Undermining Distribution Order of Petroleum and Alternative Fuels) |
| (1) | "Conduct prescribed by Presidential Decree," in Article 39 (1) 10 of the Act means the following conduct: <Amended by Presidential Decree No. 23782, May 14, 2012; Presidential Decree No. 25425, Jun. 30, 2014; Presidential Decree No. 26437, Jul. 24, 2015> |
| 1. | Supplying or receiving any petroleum product or alternative fuel in violation of the scope of business or the methods of sales by petroleum retail business or by alternative fuel retail business set forth in subparagraphs of Article 2; |
| 2. | Keeping or supplying any product not dealt in by the type of petroleum retail business under Article 13 or alternative fuel retail business under Article 36 (1) (including any fuel which is not an alternative fuel but can be used as a substitute for a petroleum product without making fundamental changes to the structure of the petroleum product combustion facility); |
| 3. | Supplying petroleum products or alternative fuels by increasing or reducing the price thereof to a degree that may disrupt the stability of supply or demand in specific regions or nationwide; |
| 4. | Acquiring, providing, demanding, or promising unfair gains in return for changing or maintaining customers of petroleum products or alternative fuels; |
| 5. | Deleted; <by Presidential Decree No. 23782, May 14, 2012> |
| 6. | Selling solvents or a product which is a mixture of solvents and a non-solvent petroleum product as a fuel for boilers or furnaces; |
| 7. | Supplying secondary fuel oil to other than an end-consumer using it as a substitute fuel oil for gasoline or heavy oil (excluding the supply of secondary fuel oil to a waste treatment business operator referred to in Article 25 of the Wastes Control Act, if the secondary fuel oil is used as substitute fuel oil for gasoline for the purpose of improving the quality of refined fuel oil which recycles waste oil; |
| 8. | Selling petroleum products by a petroleum retailer which is a general retail shop, using the name of a gas station; |
| 9. | A petroleum retailer or an alternative fuel retailer selling petroleum products or alternative fuels using a trade name different from the registered or reported trade name; |
| 10. | Any of the following conduct: |
| (a) | Selling any petroleum product transported, stored or kept by a pipeline installer or pipeline manager under the Oil Pipeline Safety Control Act after stealing them; |
| (b) | Selling the petroleum product referred to in item (a) after acquiring it or acquiring it by transfer, knowing it is stolen petroleum product. |
| (2) | Where a fact falling under paragraph (1) 4 is deemed to exist, the Minister of Trade, Industry and Energy, a Mayor/Do Governor or the head of a Si/Gun/Gu shall notify the Fair Trade Commission of such fact without delay; and where he/she intends to take any disposition under Article 13, 14, 34 or 35 of the Act for a reason prescribed in paragraph (1) 4, he/she shall pre-consult with the Fair Trade Commission. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
| (3) | The Minister of Trade, Industry and Energy shall determine and publicly notify matters necessary to prevent any conduct undermining the distribution order of petroleum and alternative fuel prescribed in subparagraphs of paragraph (1). In such cases, he/she shall pre-consult with the heads of relevant administrative agencies. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
| Article 44 (Petroleum Supply Facilities and Sales Activities Permitted) |
| 1. | Outdoor storage tanks; |
| 3. | Underground storage tanks; |
| 6. | Refueling place for in-house use; |
| 7. | General handling place for refueling or moving petroleum. |
| (2) | "Facilities prescribed by Presidential Decree" in the proviso to Article 39 (2) 3 of the Act means facilities prescribed in paragraph (1) 4 through 6. |
| 1. | Selling petroleum by the Corporation to implement policies for petroleum stockpiling pursuant to Article 16 (2) of the Act; |
| 2. | Mobile sales, etc. conducted by gas stations or general retail shops to end-consumers, using motor vehicles or weighing containers with lubricator, as measures taken by a Mayor/Do Governor or the head of a Si/Gun/Gu to stabilize the supply of and demand for petroleum as deemed necessary to ensure the stabilization of people’s lives, where any serious disruption to the supply of or demand for petroleum in the area under his/her jurisdiction occurs or is likely to occur due to a natural disaster or any other situation similar thereto. |
[This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
| Article 44-2 Deleted. <by Presidential Decree No. 23782, May 14, 2012> |
| Article 45 (Delegation, Entrustment, etc. of Authority) |
| (1) | The Minister of Trade, Industry and Energy shall delegate the following authority to each Mayor/Do Governor: <Newly Inserted by Presidential Decree No. 28342, Sep. 26, 2017> |
| 1. | Registration of petroleum export-import business under Article 9 (1) of the Act; |
| 2. | Registration of modification of any matter among the registered information on petroleum export-import business under Article 9 (2) of the Act; |
| 3. | Conditional registration of petroleum export-import business under Article 11 (1) of the Act; |
| 4. | Revocation of registration of petroleum export-import business and issuance of orders to suspend petroleum export-import business under Article 13 (2) of the Act; |
| 5. | Imposition and collection of administrative fines under Article 49 (2) of the Act and Article 47 (2) hereof (limited to cases where they are necessary to handle the affairs delegated under subparagraph 2). |
| (2) | and (3) Deleted. <by Presidential Decree No. 25425, Jun. 30, 2014> |
| (4) | The Minister of Trade, Industry and Energy shall entrust his/her authority over the following matters, to the Korea Petroleum Quality & Distribution Authority pursuant to Article 43 (2) of the Act: <Amended by Presidential Decree No. 22518, Dec. 9, 2010; Presidential Decree No. 23782, May 14, 2012; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree; Presidential Decree No. 28342, Sep. 26, 2017> |
| 1. | Receiving applications for registration (including registration of modification and conditional registration under Article 11 (1) of the Act) of petroleum refinery business filed under Article 5 (1) of the Act, and verification of application details; |
| 2. | Receiving reports (including reports on amendment) filed under Article 5 (2) of the Act, verification of reported matters, issuance of confirmations of report, and verification of matters reported by petroleum refiners pursuant to Article 5 (3) of the Act; |
| 3. | Verifying as to whether registered petroleum refiners meet the requirements for registration, such as facility standards, referred to in Article 5 (3) of the Act; |
| 4. | Receiving applications for registration, and registering modification (including conditional registration under Article 11 (1) of the Act), of petroleum export-import business filed under Article 9 (1) and (2) of the Act, and verification of application details; |
| 5. | Verifying as to whether registered petroleum exporters or importers meet the requirements for registration, such as facility standards, referred to in Article 9 (3) of the Act; |
| 5-2. | Receiving reports on international petroleum trading business under Article 9-2 (1) of the Act, verifying details of such reports and issuing confirmation of report; |
| 5-3. | Receiving reports on modification of any reported matter concerning international petroleum trading business under Article 9-2 (2) of the Act, verifying details of such reports, and issuing confirmation of report; |
| 6. | Receiving applications for registration, and registering modification (including conditional registration filed under Article 11 (1) of the Act) business of manufacturing and selling petroleum by-products under the proviso to Article 10 (1) and (3) of the Act, and verifying application details; |
| 7. | Verifying as to whether persons who manufacture and sell petroleum by-products meet the requirements for registration, such as facility standards, referred to in Article 10 (4) of the Act; |
| 8. | Receiving and handling reports on commencing, suspending, and discontinuing petroleum refinery business, petroleum export or import business, international petroleum trading business, or petroleum retail business by producing petroleum by-products, filed under Article 12 (2) of the Act; |
| 9. | Quality inspections of petroleum products under Article 25 (2) of the Act; |
| 10. | Verifying as to whether prohibition of conduct, such as manufacture, etc. of fake petroleum products under Article 29 (1) of the Act is complied with; |
| 11. | Quality inspections of alternative fuels under Article 31 (4) of the Act; |
| 12. | Receiving applications for registration, and registering modification (including conditional registration filed for under Article 11 (1) of the Act that applies mutatis mutandis under Article 32 (4) of the Act), of the business of manufacturing and exporting or importing alternative fuels under Article 32 (1) and (2) of the Act, and verifying application details; |
| 13. | Verifying as to whether business entities manufacturing and exporting or importing alternative fuels meet the requirements for registration, such as facility standards, referred to in Article 32 (3) of the Act; |
| 14. | Receiving and handling reports on commencing, suspending, and discontinuing the business of manufacturing and exporting or importing alternative fuels under Article 12 (2) of the Act that applies mutatis mutandis under Article 32 (4) of the Act; |
| 15. | Verifying matters reported pursuant to Article 38 (1) and (2) of the Act (limited to records on the status of supply and demand, records on the status of transactions, and records on the purchase and use of solvents); |
| 16. | Inspection and sample collection under Article 38 (1) and (2) of the Act (limited to cases where necessary to perform the entrusted authority); |
| 17. | Verifying as to whether petroleum refiners, petroleum exporters or importers, persons who manufacture and sell petroleum by-products, and business entities manufacturing and exporting or importing alternative fuels comply with the prohibition of conduct under Article 39 (1) 1 through 4, 8 and 10 of the Act (excluding the conduct prescribed in Article 43 (1) 3 and 4); |
| 18. | Verifying compliance with prohibition of conduct under Article 39 (2) and (3) of the Act; |
| 19. | Administrative affairs concerning granting monetary rewards pursuant to Article 41-2 of the Act; |
| 20. | Requests to provide data under Article 41-3 (1) 2 of the Act to verify whether prohibition of conduct under Articles 29, 39 (1) 1 through 4, 8 and 10 of the Act (excluding the conduct prescribed in Article 43 (1) 3 and 4) is complied with; |
| 21. | Requests to provide data under Article 41-3 (3) 2 of the Act to verify compliance with prohibition of conduct under Articles 29, 39 (1) 1 through 4, 8 and 10 of the Act (excluding the conduct prescribed in Article 43 (1) 3 and 4). |
| (5) | The Minister of Trade, Industry and Energy shall entrust his/her authority over the following matters, to the Corporation pursuant to Article 43 (2) of the Act: <Amended by Presidential Decree No. 23782, May 14, 2012; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 26437, Jul. 24, 2015> |
| 1. | Verifying compliance with the obligation to stockpile petroleum under Article 17 (1) of the Act; |
| 2. | Verifying compliance with the obligation to stockpile alternative fuels under Article 36 of the Act; |
| 3. | Conducting inspections under Article 38 (1) of the Act (limited to cases where necessary to perform the entrusted authority); |
| 4. | Requests to provide tax information under Article 41-3 (1) of the Act and the requests under paragraph (3) 1 of the same Article to provide data related to the collection of surcharges and additional dues under Articles 18 (1) and (4) and 37 (1) and (4) of the Act. |
| (6) | The Minister of Trade, Industry and Energy shall entrust the Korea Petroleum Quality & Distribution Authority with his/her authority over the matters prescribed in Articles 30 (1) 1 through 4 of the Act pursuant to article 43 (3) of the Act only in urgent and extenuating circumstances in which a serious injury or dangerous incident occurs or is likely to occur. <Newly Inserted by Presidential Decree No. 23782, May 14, 2012; Presidential Decree No. 24442, Mar. 23, 2013> |
| (7) | Pursuant to Article 43 (2) of the Act, the Minister of Trade, Industry and Energy shall entrust affairs concerning the following reports pertaining to Article 38 (1) and (2) of the Act, to the institutions classified as follows, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: <Amended by Presidential Decree No. 23782, May 14, 2012; Presidential Decree No. 24442, Mar. 23, 2013> |
| 1. | Affairs concerning reports (limited to periodical reports) of petroleum refiners; petroleum exporters or importers; persons obligated to stockpile petroleum; pipeline installers or pipeline managers under the Oil Pipeline Safety Control Act; business entities manufacturing and exporting or importing alternative fuels; and alternative fuel retailers: The Corporation or the Korea Petroleum Quality & Distribution Authority; |
| 2. | Affairs concerning the reports (limited to periodical reports) of petroleum retailers: The Corporation, the Korea Petroleum Quality & Distribution Authority, or a corporation established with permission of the Minister of Trade, Industry and Energy for the purpose of developing the petroleum distribution industry; |
| 3. | Affairs concerning the reports of petroleum consumers: The Korea Petroleum Quality & Distribution Authority. |
| (8) | Each Mayor/Do Governor or the head of each Si/Gun/Gu shall entrust his/her authority over the following matters, to the Korea Petroleum Quality & Distribution Authority pursuant to Article 43 (2) of the Act: <Amended by Presidential Decree No. 22518, Dec. 9, 2010; Presidential Decree No. 23782, May 14, 2012; Presidential Decree No. 26437, Jul. 24, 2015; Presidential Decree No. 28342, Sep. 26, 2017> |
| 1. | Receiving applications for registration of general agencies, solvent agencies, and secondary fuel oil retail shops among petroleum retail business pursuant to Article 10 (1) of the Act, and verifying the details of the applications; |
| 2. | Verifying matters reported by petroleum retailers pursuant to Article 10 (2) of the Act; |
| 3. | Receiving applications for registration of modification of registered matters of general agencies, solvent agencies, and secondary fuel oil retail shops among petroleum retail business pursuant to Article 10 (3) of the Act, and verifying the details of the applications; |
| 4. | Verifying as to whether registered petroleum retailers (excluding persons who manufacture and sell petroleum by-products) meet the requirements for registration, such as facility standards, referred to in Article 10 (4) of the Act; |
| 5. | Receiving applications for conditional registration of general agencies, solvent agencies and secondary fuel oil retail shops, among petroleum retail business pursuant to Article 11 (1) of the Act, and verifying the details of the applications; |
| 6. | Verifying as to whether alternative fuel retailers meet the requirements for registration, such as facility standards, referred to in Article 33 (2) of the Act; |
| 7. | Inspections and collecting sample under Article 38 (1) of the Act (limited to cases where necessary to perform the entrusted authority); |
| 8. | Verifying as to whether petroleum retailers (excluding persons who manufacture and sell petroleum by-products) and alternative fuel retailers comply with the prohibition of conduct under Article 39 (1) 1 through 4, 8 and 10 of the Act (excluding the conduct prescribed in Article 43 (1) 3 and 4). |
| (9) | Where any petroleum retailer registered or reported or any alternative fuel retailer registered in other than the jurisdictional area of a Mayor/Do Governor or the head of a Si/Gun/Gu, commits any violation of the Act and this Decree in his/her jurisdictional area, the Mayor/Do Governor or the head of the Si/Gun/Gu may request the Mayor/Do Governor or the head of the Si/Gun/Gu having jurisdiction over the main place of business of the relevant petroleum retailer or alternative fuel retailer to take measures necessary to correct it. |
[This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
| (1) | Where the Korea Petroleum Quality & Distribution Authority, the Corporation, and a corporation incorporated with permission from the Minister of Trade, Industry and Energy for the purpose of developing petroleum distribution industry, which are entrusted with the affairs pursuant to Article 45, perform any entrusted affairs, they shall report thereon to the Minister of Trade, Industry and Energy, the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 25425, Jun. 30, 2014> |
| (2) | A Mayor/Do Governor or the head of a Si/Gun/Gu shall report the status of handling of affairs concerning petroleum retail business and alternative fuel retail business to the Minister of Trade, Industry and Energy, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
[This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
| Article 46-2 (Management of Personally Identifiable Information) |
The Minister of Trade, Industry and Energy, a Mayor/Do Governor, or the head of a Si/Gun/Gu (including the persons to whom his/her authority is delegated or entrusted, where such authority is delegated or entrusted) may collect and manage data containing resident registration numbers or alien registration numbers under Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is essential to perform the following administrative affairs: <Amended by Presidential Decree No. 28342, Sep. 26, 2017> | 1. | Administrative affairs concerning the registration, registration of modification, etc. of petroleum refinery business under Article 5 of the Act; |
| 2. | Administrative affairs concerning the registration, etc. of petroleum export-import business under Article 9 of the Act; |
| 2-2. | Administrative affairs concerning reporting on international petroleum trading business under Article 9-2 of the Act; |
| 3. | Administrative affairs concerning the registration, etc. of petroleum retail business under Article 10 of the Act; |
| 4. | Administrative affairs concerning the conditional registration of petroleum refinery business, petroleum export-import business, or petroleum retail business under Article 11 of the Act; |
| 5. | Administrative affairs concerning surcharges on importing and retailing petroleum under Article 18 of the Act; |
| 6. | Administrative affairs concerning designating quality inspection institutions and approving self-inspectors under Article 25 of the Act; |
| 7. | Administrative affairs concerning the registration, etc. of the business of manufacturing and exporting or importing alternative fuels under Article 32 of the Act; |
| 8. | Administrative affairs concerning registration, etc. of alternative fuel retail business under Article 33 of the Act; |
| 9. | Administrative affairs concerning surcharges on import and sale of alternative fuels under Article 37 of the Act. |
[This Article Newly Inserted by Presidential Decree No. 27960, Mar. 27, 2017]
| Article 46-3 (Re-Examination of Regulation) |
| (1) | The Minister of Trade, Industry and Energy shall examine the appropriateness of the following matters, every three years, counting from the following relevant base date (referring to every third anniversary falling the day before each base date) and shall take measures, such as making improvements: <Amended by Presidential Decree No. 25611, Sep. 18, 2014; Presidential Decree No. 25840, Dec. 9, 2014> |
| 1. | Requirements for registration and matters to be registered under Article 9: January 1, 2014; |
| 2. | Requirements for registering petroleum export-import business under Article 12: January 1, 2014; |
| 3. | Requirements for registering petroleum retail business under Article 15: January 1, 2014; |
| 3-2. | Authorization for establishing financial cooperatives under Article 17-3: January 1, 2015; |
| 4. | Requirements for registering business of manufacturing and exporting or importing alternative fuels under Article 34: January 1, 2014; |
| 5. | The types of and requirements for registration of alternative fuel retail business subject to registration under Article 36 (1) and (2) and attached Tables 1 and 2: January 1, 2014; |
| 6. | Persons obliged to report the sales prices of petroleum products under Article 42-2 (1): January 1, 2014; |
| 7. | The types of petroleum products subject to reporting under Article 42-2 (2) and attached Table 4, and the matters to be reported, reporting methods, and time limit for reporting: January 1, 2014; |
| 8. | The types of petroleum products subject to the disclosure of sales prices under Article 42-2 (3) and (4) and attached Table 5, matters to be disclosed, and the timing of disclosure: January 1, 2014. |
| (2) | The Minister of Trade, Industry and Energy shall examine the appropriateness of the following matters every two years, counting from the following relevant base date (referring to every third anniversary falling the day before each base date) and shall take measures, such as making improvements: <Newly Inserted by Presidential Decree No. 25840, Dec. 9, 2014> |
| 1. | Persons subject to surcharges on the import and sale of Petroleum under Article 23 (1) and (5): January 1, 2015; |
| 2. | Amount of surcharges under Article 24 (1): January 1, 2015; |
| 3. | Persons subject to surcharges on import under Article 39 (1) and attached Table 3: January 1, 2015; |
| 4. | Amount of surcharges under Article 40 (1): January 1, 2015; |
| 5. | Criteria for imposing administrative fines under Article 47 and attached Table 6: January 1, 2015. |
[This Article Wholly Amended by Presidential Decree No. 25050, Dec. 30, 2013]
CHAPTER IX ADMINISTRATIVE FINES
| Article 47 (Imposition and Collection of Administrative Fines) |
| (1) | The criteria for imposing administrative fines under Article 49 (1) and (2) are as specified in attached Table 6. <Amended by Presidential Decree No. 28342, Sep. 26, 2017> |
| (2) | Administrative fines under Article 49 (1) 1, 2, and 4 through 6, and (2) of the Act shall be imposed and collected by the Minister of Trade, Industry and Energy: Provided, That the administrative fines on the following persons shall be imposed and collected by the relevant imposing authority classified as follows: <Amended by Presidential Decree No. 28342, Sep. 26, 2017> |
| 1. | Petroleum retailers (excluding persons who manufacture and sell petroleum by-products) and alternative fuel retailers: A Mayor/Do Governor or the head of a Si/Gun/Gu having jurisdiction over the location of their main places of business; |
| 2. | Petroleum consumers: The head of a Si/Gun/Gu having jurisdiction over their main places of business. |
| (3) | Administrative fines under Article 49 (1) 3 and 7 of the Act shall be imposed and collected by the Mayor/Do Governor or the head of the Si/Gun/Gu who has discovered the relevant violation: Provided, That where any investigative agency or the Korea Petroleum Quality & Distribution Authority discovers any violation, the head of a Si/Gun/Gu having jurisdiction over the area where the relevant violation has occurred shall impose and collect the administrative fine. <Amended by Presidential Decree No. 28342, Sep. 26, 2017> |
| (4) | Deleted. <by Presidential Decree No. 28342, Sep. 26, 2017> |
[This Article Wholly Amended by Presidential Decree No. 21462, Apr. 30, 2009]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on April 23, 2005: Provided, That the provisions of Article 12 (1) 2 (a) and (2) 2 (a) shall enter into force on July 1, 2006; the provisions concerning business entities manufacturing and exporting or importing alternative fuels and alternative fuel retailers, among the provisions of Articles 32 through 41, 43, 45 and 46 on January 1, 2006; and the provisions of Article 40 (1) 4 on January 1, 2009.
Article 2 (Period of Validity)
| (1) | The provisions of the proviso to Article 24 (1) shall remain in force until October 17, 2008. |
| (2) | The provisions of Article 27 (1) 3 and 7 shall remain in force until February 29, 2008. <Amended by Presidential Decree No. 19320, Feb. 7, 2006> |
Article 3 (Transitional Measures concerning Storage Facilities of Petroleum Exporters or Importers)
A person registered for petroleum export-import business after fulfilling the requirements for registration under the former Article 11 (1) 1 as at the time this Decree enters into force, shall be equipped with the storage facilities under Article 12 (1) 1, within one year after this Decree enters into force.
Article 4 Omitted.
Article 5 (Relationship to other Statutes)
Where any other statute cites the former Enforcement Decree of the Petroleum Business Act or any provisions thereof, as at the time this Decree enters into force, it shall be deemed to cite this Decree or the relevant provisions hereof, if provisions corresponding thereto exist herein.
ADDENDA <Presidential Decree No. 18939, Jul. 8, 2005>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Applicability to Collection of Surcharges) The amended provisions of Article 24 (1) 6 shall begin to apply from the first butane sold after this Decree enters into force. |
ADDENDA <Presidential Decree No. 19320, Feb. 7, 2006>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 40 (1) 4 shall enter into force on January 1, 2009. |
| (2) | (Applicability to Collection of Surcharges on Importing Petroleum and Alternative Fuels) The amended provisions of Articles 24 (1) 1, 2, and 3 (b), and 40 (1) 1 through 5 shall begin to apply from the first volume, on which an import declaration is filed under Article 241 of the Customs Act after this Decree enters into force: Provided, That in the case of an import declaration prior to arrival filed under Article 244 (1) of the Customs Act, they shall begin to apply from the first volume that arrives at a port after this Decree enters into force. |
ADDENDUM <Presidential Decree No. 20091, Jun. 15, 2007>
This Decree shall enter into force on the date of its promulgation.
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. 20458, Dec. 20, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2008.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 20678, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Presidential Decree No. 20840, Jun. 20, 2008>
This Decree shall enter into force on June 22, 2008.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21223, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Period of Validity)
The amended provisions of the proviso to Article 24 (1) 1 shall remain valid until October 17, 2011.
Article 3 (Applicability to Collection of Surcharges on Petroleum Imports)
The amended provisions of the proviso to Article 24 (1) 2 shall begin to apply from the first volume that clears customs after this Decree enters into force.
ADDENDA <Presidential Decree No. 21462, Apr. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 1, 2009.
Article 2 (Applicability to Requirements for Registration of Petroleum Retail Business)
| (1) | The amended provisions of subparagraph 1 (b) of attached Table 2 shall begin to apply from the first person who files an application for registration of a solvent agency, registration of modification, or conditional registration thereof; or from the first successor to a solvent agency after this Decree enters into force. |
| (2) | The amended provisions of subparagraph 1 (d) of attached Table 2 shall begin to apply from the first person who files an application for registration of a solvent retail shop, registration of modification, or conditional registration thereof, or the first person who inherits the status of a solvent retail shop after this Decree enters into force. |
| (3) | The amended provisions of subparagraph 1 (f) of attached Table 2 shall begin to apply from the first person who files an application for registration of a secondary fuel oil retail shop, registration of modification, or conditional registration thereof; or from the first successor to a secondary fuel oil retail shop after this Decree enters into force. |
Article 3 (Transitional Measures concerning Requirements for Registration of Petroleum Retail Business)
A person registered as a solvent agency, solvent retail shop, or secondary fuel oil retail shop after fulfilling the requirements for registration under the former subparagraph 1 (b), (d) or (f) of attached Table 2 as at the time this Decree enters into force, shall be deemed registered under the amended provisions of subparagraph 1 (b), (d) and (f) of attached Table 3.
Article 4 Omitted.
ADDENDA <Presidential Decree No. 22493, Nov. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 18, 2010.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22518, Dec. 9, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Collection of Surcharges on Petroleum Imports)
The amended provisions of Articles 23 (2) 2 and 4 shall begin to apply from the first volume, on which an import declaration is filed under Article 241 of the Customs Act after this Decree enters into force: Provided, That where an import declaration prior to arrival is filed under Article 244 (1) of the Customs Act, they shall begin to apply from the first volume that arrives at a port after this Decree enters into force. Article 3 (Applicability to Requirements for Registration of Petroleum Retail Business and Alternative Fuel Retail Business)
The amended provisions of subparagraph 1 (c) and 2 (b) of attached table 2 shall begin to apply from the first person who files an application for registration or conditional registration of a gas station or alternative fueling station, after this Decree enters into force.
Article 4 (Transitional Measures concerning Registration of Petroleum Retail Business and Alternative Fuel Retail Business)
A person registered as a gas station or alternative fueling station under the former provisions as at the time this Decree enters into force, shall be deemed registered under the amended provisions of subparagraph 1 (d) or 2 (b) of attached Table 2.
ADDENDUM <Presidential Decree No. 22913, May 3, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23356, Dec. 8, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 8, 2011. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23455, Dec. 30, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Period of Validity)
The amended provisions of the proviso to Article 24 (1) 1 shall remain valid until December 31, 2014.
Article 3 (Applicability to Collection of Surcharges on Petroleum Imports)
The amended provisions of the proviso to Article 24 (1) 1 shall begin to apply from the first volume that clears customs as of October 18, 2011.
Article 4 (Applicability to Imposition and Collection of Administrative Fines)
| (1) | Deleted. <by Presidential Decree No. 25078, Jan. 14, 2014> |
| (2) | The amended provisions of subparagraph 2 (h) (i) of attached Table 6 shall begin to apply from the first violation committed after this Decree enters into force. |
ADDENDA <Presidential Decree No. 23782, May 14, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 15, 2012.
Article 2 (Transitional Measures concerning Requirements for Registration of Gas Stations)
Notwithstanding the amended provisions of subparagraph 1 (c) (limited to the provisions concerning public restrooms) and subparagraph 2 (b) (limited to the part concerning public restrooms) of attached Table 2, gas stations and alternative fueling stations registered as at the time this Decree enters into force, shall be governed by the former provisions.
Article 3 (Transitional Measures concerning Administrative Fines)
Notwithstanding the amended provisions of subparagraph 2 (c) (iii), (d) (iii), and (f) of attached Table 6, the application of criteria for imposing administrative fines for violations committed before this Decree enters into force, shall be governed by the former provisions.
ADDENDA <Presidential Decree No. 23906, Jun. 29, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 1012.
Article 2 (Applicability to Criteria for Imposition of Surcharges on Petroleum Imports)
The amended provisions of the proviso to Article 24 (1) 1 shall begin to apply form the crude oil that clears customs after this Decree enters into force.
ADDENDA <Presidential Decree No. 24442, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 24695, Aug. 27, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Imposition of Surcharges on Import of Petroleum Products for Use as Fuel for Aircraft)
The amended provisions of Article 23 (2) 2 and 4 shall begin to apply from a petroleum product for use as a fuel for aircraft, on which an import declaration is filed pursuant to Article 241 of the Customs Act after this Decree enters into force: Provided, That where an import declaration prior to arrival is filed under Article 244 (1) of the Customs Act, they shall begin to apply from a petroleum product for aircraft fuel that arrives at a port after this Decree enters into force.
ADDENDA <Presidential Decree No. 24697, Aug. 27, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 29, 2013. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25078, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Administrative Fines)
| (1) | Notwithstanding the amended provisions of attached Table 6, the application of criteria for the imposition of administrative fines for violations committed before this Decree enters into force, shall be governed by the former provisions. |
| (2) | Administrative fines imposed for violations committed before this Decree enters into force shall be included in the calculation of the number of violations under the amended provisions of attached Table 6. |
ADDENDA <Presidential Decree No. 25425, Jun. 30, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 42-2 (5) through (7) shall enter into force on July 22, 2014.
Article 2 (Special Exceptions to Calculation of Number of Violations)
| (1) | Notwithstanding the amended provisions of subparagraphs 1 (b) and 2 (a) (iii) and (b) (iii), (c) (iii) and (d) (iii), (e), and (f), administrative fines imposed pursuant to the former provisions before this Decree enters into force shall not be included in the calculation of the number of violations after this Decree enters into force. |
| (2) | Administrative fines imposed pursuant to subparagraph 2 (a) of the attached Table of the former Enforcement Decree of the Price Stabilization Act before this Decree enters into force, shall be included in the calculation of the number of violations under the amended provisions of subparagraph 2 (i) of attached Table 6. In such cases, a recommendation for correction received pursuant to subparagraph 2 (a) of the former Enforcement Decree of the Price Stabilization Act shall be construed as a warning under the amended provisions of subparagraph 2 (i) of attached Table 6. |
Article 3 Omitted.
ADDENDA <Presidential Decree No. 25611, Sep. 18, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 19, 2014: Provided, That the amended provisions of the proviso to Article 24 (1) 1 and Article 27 (2) and (3) shall enter into force on January 1, 2015.
Article 2 (Applicability to Imposition and Refund of Surcharges)
The amended provisions of the proviso to Article 24 (1) 1, and Article 27 (2) and (3) shall begin to apply from the imported crude oil that clears customs on or after January 1, 2015.
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. 25923, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 26316, Jun. 15, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 29, 2015. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 26437, Jul. 24, 2015>
This Decree shall enter into force on July 29, 2015: Provided, That the amended provisions of Articles 27 (1) 6 and 7 and (3), and subparagraphs 4 and 5 of Article 42-3 shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27323, Jul. 6, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 7, 2016.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 27325, Jul. 7, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 1 of attached Table 3 shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Refund of Surcharges)
| (1) | The amended provisions of the proviso to Article 27 (1) 6 shall also apply where petroleum products that clear customs during the period from July 1, 2016 until the time this Decree enters into force are traded through the spot electric commerce of petroleum products conducted by the Korea Exchange during the period. |
| (2) | The amended provisions of Article 27 (1) 7 shall also apply to cases where transactions are conducted through the spot electric commerce of petroleum products conducted by the Korea Exchange during the period from July 1, 2016 until the time this Decree enters into force. |
Article 3 (Applicability to Collection of Surcharges on Petroleum Imports)
The amended provisions of subparagraph 1 of attached Table 3 shall begin to apply from the volume that clears customs after this Decree enters into force.
ADDENDUM <Presidential Decree No. 27661, Dec. 5, 2016>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 26-2 shall enter into force on January 1, 2017; and the amended provisions of subparagraphs 3 and 4 of Article 2 on July 1, 2017.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 28342, Sep. 26, 2017>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 3, 31, 31-2, 45 (4) and 46-2, and subparagraph 2 (c) of attached Table 6 shall enter into force on October 19, 2017; and the amended provisions of Article 45 (1) and (8) shall enter into force on July 1, 2018.