ENFORCEMENT DECREE OF THE ACT ON THE CONTROL OF MANUFACTURE OF SPECIFIC SUBSTANCES FOR THE PROTECTION OF THE OZONE LAYER
Wholly Amended by Presidential Decree No. 20259, Sep. 10, 2007
Amended by Presidential Decree No. 20678, Feb. 29, 2008
Presidential Decree No. 22856, Apr. 5, 2011
Presidential Decree No. 23189, Sep. 30, 2011
Presidential Decree No. 24442, Mar. 23, 2013
Presidential Decree No. 25423, jun. 30, 2014
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 25921, Dec. 30, 2014
Presidential Decree No. 26703, Dec. 10, 2015
Presidential Decree No. 28212, Jul. 26, 2017
| Article 2 (Types and Ozone Depletion Potential of Specific Substances) |
| (2) | Specific substances under paragraph (1) shall include any of the following: Provided, That the foregoing shall not apply to specific substances contained in products manufactured using specific substances and specific substances contained in chemical compounds: |
| 1. | Isomers of specific substances; |
| 2. | Specific substances contained in chemical compounds; |
| 3. | Specific substances in containers used for storage, transportation, etc. |
| Article 3 (Permission for Manufacturing Business) |
| (1) | Any person who intends to obtain permission for specific substance manufacturing business or permission for altering specific substance manufacturing business pursuant to Article 4 (1) of the Act shall file an application with the Minister of Trade, Industry and Energy, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013> |
| (2) | The Minister of Trade, Industry and Energy, in receipt of an application under paragraph (1), shall grant permission for specific substance manufacturing business or permission for altering specific substance manufacturing business only where deemed essential to building a factory due to lack of supply of specific substances the applicant intends to manufacture, compared to demand for such specific substances. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013> |
| Article 4 (Adjustment of Supply and Demand, etc.) |
| (1) | In any of the following cases, the Minister of Trade, Industry and Energy may order the adjustment of supply and demand pursuant to Article 14 (1) of the Act: <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013> |
| 1. | Where a person who has obtained permission for specific substance manufacturing business (hereinafter referred to as "manufacturer") pursuant to Article 4 (1) of the Act or a person who has obtained permission for specific substance import business (hereinafter referred to as "importer") pursuant to Article 11 (1) of the Act unreasonably adjusts the sale price of the specific substance he/she has manufactured or imported; |
| 2. | Where a person who has obtained approval of a sales plan pursuant to Article 13 of the Act replaces a consumer of specific substances who uses them for business purposes (hereinafter referred to as "user"), without obtaining approval from the Minister of Trade, Industry and Energy; |
| 3. | Where it is deemed necessary to alter a sales plan under Article 13 of the Act to promote, etc. rationalization of specific substance use; |
| (2) | Where the Minister of Trade, Industry and Energy intends to order the adjustment of supply and demand under paragraph (1), he/she shall pre-consult with the Fair Trade Commission. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013> |
| Article 5 (Specific Substances to be Measured) |
Where the Minister of Environment measures atmospheric concentrations of specific substances pursuant to Article 18 (2) of the Act, he/she may designate the specific substances to be measured.
| Articles 6 through 8 Deleted. <by Presidential Decree No. 23189, Sep. 30, 2011> |
| Articles 9 through 10 Deleted. <by Presidential Decree No. 25921, Dec. 30, 2014> |
| Article 10-2 (Persons Liable to Pay Charges for Manufacturing or Importing Specific Substances) |
Persons liable to pay charges for manufacturing or importing specific substances (hereinafter referred to as "charges") under Article 24-2 of the Act shall be manufacturers and importers of specific substances specified in attached Table 1-2. [This Article Newly Inserted by Presidential Decree No. 23189, Sep. 30, 2011]
| Article 10-3 (Exemption, etc. from Charges) |
| 1. | Where specific substances used are sold after recovering them; |
| 2. | Where specific substances are sold for destroying manufactured specific substances; |
| 3. | Where specific substances are imported for destroying other specific substances. |
| (2) | "Purposes of use prescribed by Presidential Decree" in Article 24-3 (2) 4 of the Act means purposes of use referred to in paragraph (1) 2 and 3. |
[This Article Newly Inserted by Presidential Decree No. 23189, Sep. 30, 2011]
| Article 10-4 (Ozone Depletion Potential of and Rates of Charges on Specific Substances by Type) |
The ozone depletion potential of and rates of charges on specific substances by type under Article 24-4 (2) of the Act shall be as specified in attached Table 1-2. [This Article Newly Inserted by Presidential Decree No. 23189, Sep. 30, 2011]
| Article 10-5 (Payment of Charges in Installments) |
| (1) | Where a person liable to pay charges in an amount exceeding one million won pursuant to Article 24-5 (2) of the Act intends to pay such charges in installments, he/she shall submit an application for paying charges in installments (including an application in electronic form) to the Minister of Trade, Industry and Energy along with a plan to pay charges in installments not later than five days before the payment deadline provided for in Article 24-5 (1) of the Act. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
| (2) | The deadline for the final installment payment under paragraph (1) shall be within three months from the first day of the month following the month in which the payment deadline referred to in Article 24-5 (1) of the Act falls; and the number of installments shall not exceed three during that period. |
| (3) | In principle, an amount to be paid in installments pursuant to paragraphs (1) and (2) shall be fixed in equated monthly installments. |
| (4) | Where a person liable to pay charges who pays charges in installments falls under any of the following, the Minister of Trade, Industry and Energy may collect the full amount of charges at a time before the deadline for the final installment payment. In such cases, the Minister of Trade, Industry and Energy shall fix the payment deadline and notify a person liable to pay charges of such deadline: <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
| 1. | Where charges are not paid by the deadline for each installment payment; |
| 2. | Where deemed that a person liable to pay charges is unable to pay the full amount of charges related to installment payment by the deadline for the installment payment because he/she falls under Article 14 (1) of the National Tax Collection Act or due to a reason corresponding thereto. |
[This Article Newly Inserted by Presidential Decree No. 23189, Sep. 30, 2011]
| Article 10-6 (Reminder Notice) |
Where the Minister of Trade, Industry and Energy issues a reminder notice pursuant to Article 24-5 (3) of the Act, he/she shall specify the amount of charges, late-payment penalty, and the payment deadline. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> [This Article Newly Inserted by Presidential Decree No. 23189, Sep. 30, 2011]
| Article 10-7 (Late-Payment Penalty) |
Late-payment penalty under Article 24-5 (4) of the Act shall be an amount calculated by applying the late-payment penalty rate of 5/10,000 per day of the number of days in arrears to charges in arrears: Provided, That the total amount of late-payment penalty shall not exceed 5/100 of charges. [This Article Newly Inserted by Presidential Decree No. 23189, Sep. 30, 2011]
| Article 10-8 (Imposition, Collection, etc. of Charges) |
| (1) | Where an importer intends to clear specific substances through customs, he/she shall submit evidentiary documents prescribed by Ordinance of the Ministry of Trade, Industry and Energy to the head of a customs office. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
| (2) | Except as otherwise expressly provided for in the Act and this Decree, matters necessary for the imposition, collection, etc. of charges shall be prescribed and announced by the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 24442, Mar. 23, 2013> |
[This Article Newly Inserted by Presidential Decree No. 23189, Sep. 30, 2011]
| Article 11 (Establishment of Deliberative Committee on Adjustment of Supply and Demand of Specific Substances) |
The Deliberative Committee on Adjustment of Supply and Demand of Specific Substances (hereinafter referred to as the "Deliberative Committee") shall be established in the Ministry of Trade, Industry and Energy in order to deliberate on the following: <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 25423, Jun. 30, 2014>
| 1-2. | Matters concerning the transfer and acquisition of the permitted import volume of specific substances under Article 11 (4) of the Act; |
| 3. | Matters concerning the adjustment of supply and demand, etc. of specific substances under Article 14 of the Act; |
| 4. | Matters concerning guidelines for controlling the emissions on, and rationalizing the use of, specific substances under Article 17 of the Act; |
| 5. | Other matters submitted to the Deliberative Committee by the Minister of Trade, Industry and Energy because he/she deems them necessary. |
| Article 12 (Composition of Deliberative Committee) |
| (1) | The Deliberative Committee shall be composed of not more than 21 members, including one chairperson. |
| (2) | A Grade-3 State public official in general service or a member in general service of the Senior Executive Service designated by the Minister of Trade, Industry and Energy from among public officials belonging to the Ministry of Trade, Industry and Energy shall serve as the chairperson of the Deliberative Committee, and the following persons shall serve as its members: <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28212, Jul. 26, 2017> |
| 1. | One person each in a position to which a State public official of Grade 4 or higher or a member in general service of the Senior Executive Service designated by the head of the relevant agency is assigned, from among public officials of the Ministry of Finance and Strategy, the Ministry of Science and ICT, the Ministry of Foreign Affairs, the Ministry of Environment, and the National Fire Agency (in cases of the Ministry of Foreign Affairs, foreign service officers who hold the position under Article 3 (2) of the Decree on Appointment of Foreign Service Officers); |
| 2. | Not more than 15 persons appointed by the Minister of Trade, Industry and Energy from among the following persons: |
| (a) | Executive officers and employees of specific substance manufacturers and users; |
| (b) | Executive officers and employees of the specific substance manufacturers’ and users’ organizations; |
| (c) | Persons who have extensive knowledge of and experience in specific substances. |
| (3) | The chairperson shall represent the Deliberative Committee; chair the deliberative Committee; and preside at its meetings. |
| (4) | The term of office of the members appointed by the Minister of Trade, Industry and Energy pursuant to paragraph (2) 2 shall be two years, and they may serve consecutive terms. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013> |
| Article 12-2 (Dismissal, etc. of Members) |
| (1) | Where a member falls under any of the following, a person who has designated such member pursuant to Article 12 (2) 1 may revoke his/her designation: |
| 1. | Where the member becomes unable to perform his/her duties due to mental disorder; |
| 2. | Where the member has committed irregularities related to his/her duties; |
| 3. | Where the member is deemed incompetent for office due to neglect of duty, injury to dignity, or other reasons; |
| 4. | Where the member voluntarily disqualifies himself/herself for being unable to perform his/her duties. |
| (2) | Where a member appointed under Article 12 (2) 2 falls under paragraph (1), the Minister of Trade, Industry and Energy may dismiss the relevant member. |
[This Article Newly Inserted by Presidential Decree No. 26703, Dec. 10, 2015]
| (1) | The chairperson shall convene meetings of the Deliberative Committee. |
| (2) | A majority of the members of the Deliberative Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of at least a majority of the members present. |
| Article 14 (Administrative Secretary) |
| (1) | The Deliberative Committee shall have one administrative secretary. |
| (2) | The chairperson shall appoint the administrative secretary from among public officials belonging to the Ministry of Trade, Industry and Energy. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013> |
| (3) | The administrative secretary shall process administrative affairs of the Deliberative Committee under the direction of the chairperson. |
| Article 15 (Subcommittees) |
Where necessary, the Deliberative Committee may establish and operate subcommittees for specific substances by type, by purpose, or by type of business that uses specific substances.
| Article 16 (Allowance, etc.) |
The Deliberative Committee may pay allowances and reimburse travel expenses to members who attend meetings of the Deliberative Committee and subcommittees within budgetary limits: Provided, That the foregoing shall not apply where a member who is a public official attends a meeting in direct relation to his/her business.
| Article 17 (Detailed Operating Rules) |
Except as otherwise expressly provided for in this Decree, matters necessary for operating the Deliberative Committee and subcommittees shall be prescribed by the chairperson following deliberation by the Deliberative Committee.
| (1) | Manufacturers, importers, and persons who have obtained approval for export of specific substances pursuant to Article 11-2 of the Act shall report the amount, etc. of specific substances manufactured, sold, imported and exported to the Minister of Trade, Industry and Energy pursuant to Article 25 (1) of the Act, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 25423, Jun. 30, 2014> |
| (2) | The Minister of Trade, Industry and Energy may require users of specific substances to report the current use of specific substances by type, by purpose and by type of business that uses specific substances and the progress of rationalization of specific substance use. <Amended by Presidential Decree No. 20678, Feb. 29, 2008; Presidential Decree No. 24442, Mar. 23, 2013> |
| Article 18-2 (Processing of Sensitive Information and Personally Identifiable Information) |
Where it is inevitable to conduct the following affairs, the Minister of Trade, Industry and Energy (including a person to whom authority of the Minister of Trade, Industry and Energy has been delegated pursuant to Article 19) may process information concerning criminal history records under subparagraph 2 of Article 18 of the Enforcement Decree of the Personal Information Protection Act; or resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the aforesaid Decree: | 1. | Confirming grounds for disqualification from obtaining permission for manufacturing business under Article 5 of the Act; |
[This Article Newly Inserted by Presidential Decree No. 25423, Jun. 30, 2014]
| Article 19 (Delegation of Authority) |
The Minister of Trade, Industry and Energy shall delegate his/her authority concerning the following affairs to the Korea Specialty Chemical Industry Association established pursuant to Article 38 of the Industrial Development Act: <Amended by Presidential Decree No. 24442, Mar. 23, 2013; Presidential Decree No. 25921, Dec. 30, 2014> [This Article Wholly Amended by Presidential Decree No. 23189, Sep. 30, 2011]
| Article 20 (Criteria for Imposing Administrative Fines) |
[This Article Wholly Amended by Presidential Decree No. 22856, Apr. 5, 2011]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Relationship to other Statutes)
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.
ADDENDA <Presidential Decree No. 22856, Apr. 5, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Administrative Fines)
| (1) | Where criteria for imposing administrative fines apply to offenses committed before this Decree enters into force, notwithstanding the amended provisions of attached Table 2, the previous examples shall apply thereto. |
| (2) | Any offense committed before this Decree enters into force, for which an administrative fine has been imposed, shall not be included in the number of offenses calculated under the amended provisions of attached Table 2. |
ADDENDA <Presidential Decree No. 23189, Sep. 30, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 1, 2011.
Article 2 (Applicability to Imposition of Charges for Specific Substances of Group VI)
Notwithstanding the amended provisions of Articles 10-2 and 10-4, the imposition of charges for specific substances of Group VI specified in attached Table 1-2 shall apply, beginning with the first specific substance to be manufactured, sold or imported on or after January 1, 2012. Article 3 (Applicability to Payment of Charges in Installments)
The amended provisions of Article 10-5 shall apply, beginning with the first payment of charges for specific substances to be manufactured, sold or imported on or after October 1, 2011. Article 4 (Transitional Measures concerning Imposition of Late-Payment Penalty)
The previous examples shall apply to late-payment penalty imposed pursuant to the former provision of Article 22 (3) of the Act as at the time 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.
ADDENDUM <Presidential Decree No. 25423, Jun. 30, 2014>
This Decree shall enter into force on July 22, 2014.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among Presidential Decrees amended pursuant to Article 5 of Addenda, the amended provisions of Presidential Decrees promulgated before this Decree enters into force, the enforcement dates of which have not arrived, shall enter into force on the dates the respective Presidential Decrees take effect.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25921, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 26703, Dec. 10, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28212, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.