FRAMEWORK ACT ON RESOURCES CIRCULATION
Act No. 14229, May 29, 2016
Amended by Act No. 14532, Jan. 17, 2017
Act No. 15840, Oct. 16, 2018
Act No. 16172, Dec. 31, 2018
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prescribe basic matters necessary for preserving the environment and creating a sustainable resource-circulating society, by reducing the generation of wastes to the maximum extent possible through the efficient use of resources and by decreasing the consumption of natural resources and energy through promoting circular utilization and appropriate treatment of wastes generated.
The terms used in this Act shall be defined as follows:
| 1. | The term "resources circulation" means utilizing and managing the process of resources circulation in an environment-friendly manner to the extent necessary to accomplish the objectives of environmental policies, such as reducing the generation of wastes and appropriately recycling or treating (referring to terminal treatment defined in subparagraph 6 of Article 2 of the Wastes Control Act) wastes generated; |
| 2. | The term "resource-circulating society" means a society in which its members minimize the use of natural resources by endeavoring together to reduce the generation of wastes in their lives or industrial activities and using the generated wastes as materials or energy to the maximum extent possible; |
| 4. | The term "circular resources" means substances or articles recognized by the Minister of Environment pursuant to Article 9 other than wastes; |
| 5. | The term "circular utilization" means any of the following activities: |
| (a) | Collecting, separating, sorting, fragmenting, compressing, or extracting wastes or any other activities prescribed by Ordinance of the Ministry of Environment; |
| (b) | Recovering energy defined in subparagraph 1 of Article 2 of the Energy Act from wastes or any other activities to make such energy recoverable from wastes; |
| 6. | The term "resource-circulating industry" means an industry in the types of business prescribed by Ordinance of the Ministry of Environment, which makes wastes circularly utilizable to the maximum extent possible, or researches and develops technology and systems necessary for promoting a transition to a resource-circulating society; |
| 7. | The term "resources circulation facilities" means facilities, equipment, installations, etc. prescribed by Ordinance of the Ministry of Environment, which are used to reduce the quantity of wastes generated in the production processes or to produce, process, assemble, or maintain substances or articles that can be recognized as circular resources, using wastes. |
| Article 3 (Basic Principles) |
The State, local governments, and all members of society, including business entities and citizens, shall comply with the following principles in order to facilitate a transition to a resource-circulating society:
| 1. | The generation of wastes must be minimized to the extent possible by efficiently using resources; |
| 2. | Where the generation of wastes is expected, circular utilization of the wastes as well as the easiness and hazard of waste treatment must be taken into consideration; |
| 3. | Any wastes generated must be circularly utilized or treated in compliance with the following principles to the extent technically and economically possible: |
| (a) | All or some of the wastes reusable must be reused to the maximum extent possible; |
| (b) | All or some of the wastes not reusable must be reclaimed to the maximum extent possible if reclaimable; |
| (c) | Energy must be recovered to the maximum extent possible from all or some of the wastes not reusable or reclaimable, if energy is recoverable from such wastes; |
| (d) | Wastes that cannot be circularly utilized pursuant to items (a) through (c) must be properly treated to minimize impacts on human health and the environment. |
| Article 4 (Relationship with other Acts) |
Other Acts relating to resources circulation shall be enacted or amended in compliance with the purpose and basic principles of this Act.
| Article 5 (Responsibilities of the State and Local Governments) |
| (1) | The State and local governments shall formulate and implement policies to promote a transition to a resource-circulating society comprehensively and systematically. |
| (2) | Local governments shall formulate and implement policies for a transition to a resource-circulating society, which include appropriate role sharing with the State, and take account of the economic, natural, and social conditions of their jurisdictions, based on the national policies formulated under paragraph (1). |
| Article 6 (Responsibilities of Business Entities) |
| (1) | Business entities shall reduce the generation of wastes by preventing as much as possible products, raw materials, materials, and containers (hereinafter referred to as "products, etc.") necessary for human life and industrial activities from becoming wastes by efficiently using resources and energy and by improving processes as well as the material, structures, etc. of products. |
| (2) | Business entities shall make it easy for persons engaging in the resource-circulating industry to circularly utilize wastes, by circularly utilizing generated wastes directly or by separating and discharging wastes by type and use. |
| (3) | Business entities shall endeavor to develop technology to decrease wastes to be disposed; and shall actively cooperate with the State and local governments in relation to their policies for a transition to a resource-circulating society. |
| Article 7 (Citizens' Responsibilities) |
| (1) | Every citizen shall keep natural and living environments clean; and endeavor to reduce the generation of wastes by refraining from using disposables and by preferentially purchasing products, etc., which generate less wastes, and by using them to their maximum durability. |
| (2) | In discharging wastes, every citizen shall separate the wastes to be circularly utilized as easily as possible; and shall actively cooperate with the State and local governments in relation to their policies for a transition to a resource-circulating society. |
| Article 8 (Creating Culture for Developing Resource-Circulating Society) |
| (1) | The State shall formulate and implement policies necessary to enhance citizens' understanding of a resource-circulating society and to widely disseminate and establish a resources circulation culture throughout society. |
| (2) | Where necessary to create and disseminate a resources circulation culture, the Minister of Environment or the head of a related central administrative agency may entrust an institution or organization prescribed by Presidential Decree to implement relevant projects. |
| (3) | The Minister of Environment or the head of a related central administrative agency may fully or partially subsidize an institution or organization entrusted pursuant to paragraph (2) to cover expenses incurred in implementing projects. |
| (4) | Procedures for designating institutions or organizations pursuant to paragraph (2), standards for subsidization pursuant to paragraph (3), and other necessary matters shall be prescribed by Presidential Decree. |
| Article 9 (Recognition of Circular Resources) |
| (1) | The Minister of Environment may recognize as a circular resource any substance or article among wastes if it meets each of the following criteria: |
| 1. | The relevant substance or article must not be harmful to human health and the environment; |
| 2. | The relevant substance or article must have economic value high enough to conduct onerous transactions and not to be abandoned; |
| 3. | The relevant substance or article must meet other criteria for circular resources prescribed by Presidential Decree. |
| (2) | An individual, corporation, or organization that intends to obtain recognition of circular resources pursuant to paragraph (1) shall apply for recognition of circular resources to the Minister of Environment. In such cases, the Minister of Environment shall issue a certificate to the relevant applicant if the substances or articles stated in the application meet the criteria provided for in paragraph (1). |
| (3) | A person who has obtained recognition of circular resources pursuant to paragraphs (1) and (2) shall re-obtain the recognition of circular resources within the period prescribed by Ordinance of the Ministry of Environment, beginning on the third anniversary from the date the first recognition was granted; and the fifth anniversary of the date the final recognition was granted if the person obtains the recognition for the third time or more. |
| (4) | No circular resources recognized pursuant to paragraphs (1) through (3) shall be deemed wastes. |
| (5) | A person who intends to obtain recognition of circular resources pursuant to paragraphs (1) through (3) shall pay fees to the Minister of Environment. |
| (6) | The procedures and method for applying for recognition of circular resources under paragraphs (2) and (3), payment of fees under paragraph (5), and other necessary matters shall be prescribed by Presidential Decree. |
| (7) | When the recognition of circular resources is granted, some of the procedures, method, etc. prescribed by Presidential Decree under paragraph (6) shall be omitted for any substances or articles prescribed by Presidential Decree, such as waste paper and waste metal, which have low environmental impacts. |
| Article 10 (Revocation of Recognition of Circular Resources) |
| (1) | The Minister of Environment may revoke recognition of circular resources if a person who has obtained the recognition pursuant to Article 9 falls under any of the following: Provided, That the recognition shall be revoked if the person falls under subparagraph 1: |
| 1. | Where the person has obtained the recognition of circular resources by fraud or other improper means; |
| 2. | Where substances or articles recognized as circular resources cease to meet any of the criteria provided for in Article 9 (1). |
| (2) | Upon revoking recognition of circular resources pursuant to paragraph (1), the Minister of Environment shall notify the person for whom the recognition has been revoked of such fact. |
| (3) | A person for whom the recognition of circular resources has been revoked pursuant to paragraph (1) shall take measures necessary for treating wastes, such as reporting by a waste discharger or obtaining verification of a waste treatment plan, pursuant to Article 17 of the Wastes Control Act; and shall report to the Minister of Environment on the results of the measures according to the procedures prescribed by Ordinance of the Ministry of Environment within 30 days from the date the measures were taken. |
CHAPTER II FORMULATION, ETC. OF MASTER PLANS FOR RESOURCES CIRCULATION
| Article 11 (Formulation and Implementation of Master Plans for Resources Circulation) |
| (1) | The Minister of Environment shall formulate and implement every ten years a master plan for resources circulation (hereinafter referred to as "master plan") which sets medium and long-term policy objectives and directions for such matters as efficiently using resources, reducing generation of waste, and facilitating circular utilization, upon consultation with the heads of related central administrative agencies. |
| (2) | A master plan shall include the following matters: |
| 1. | The basic policy for a transition to a resource-circulating society and objectives of promoting such basic policy; |
| 2. | Saving of resources and reduction of waste generation; |
| 3. | Promotion of circular utilization and treatment of wastes; |
| 4. | Role sharing among interested parties, such as local governments, business entities, and citizens; |
| 5. | Calculation of expenses incurred in implementing master plans as well as plans to secure finances; |
| 6. | Any other matters prescribed by Presidential Decree, which are necessary for facilitating a transition to a resource-circulating society. |
| (3) | The Minister of Environment shall review the appropriateness of a master plan five years after the master plan is formulated. |
| (4) | Where it is necessary to amend a master plan as a result of the review under paragraph (3) or due to changes in other conditions, the Minister of Environment may amend the master plan. In such cases, the procedures prescribed in paragraph (1) shall apply mutatis mutandis. |
| (6) | The Minister of Environment may request the heads of related central administrative agencies, the heads of local governments, or relevant institutions or organizations to provide data or cooperation necessary for formulating a master plan. In such cases, a person so requested shall comply with the request except in extenuating circumstances. |
| (7) | Upon formulating or amending a master plan under paragraph (1) or paragraph (4), the Minster of Environment shall submit the master plan to the competent Standing Committee of the National Assembly in accordance with the procedures and method prescribed by Presidential Decree. |
| Article 12 (Formulation and Implementation of Action Plans and Execution Plans) |
| (1) | The head of a related central administrative agency shall formulate an annual action plan to implement the relevant master plan regarding matters under his/her jurisdiction, including an investment plan to facilitate a transition to a resource-circulating society; submit the annual action plan to the Minister of Environment; and implement it. |
| (2) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") shall formulate an action plan to implement the relevant master plan for his/her jurisdiction every five years, including an investment plan to facilitate a transition to a resource-circulating society; and implement the action plan with the approval of the Minister of Environment. The same shall also apply to any modification to approved annual action plans. <Amended by Act No. 15840, Oct. 16, 2018> |
| (3) | The head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply) shall formulate an annual plan to execute the action plan formulated under paragraph (2), taking account of the conditions of his/her jurisdiction; submit such plan to the competent Mayor/Do Governor; and implement it. |
| (4) | The procedures and methods for formulating, submitting and approving action plans and executive plans as well as for approving modifications thereto under paragraphs (1) through (3) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 13 (Statistical Surveys on Resources Circulation) |
| (1) | The Minister of Environment, the head of a related central administrative agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu may conduct a statistical survey on resources circulation, if necessary to formulate a master plan, an action plan or execution plan pursuant to Article 12, or to set the national goals of resources circulation pursuant to Article 14. |
| (2) | If necessary to conduct a statistical survey pursuant to paragraph (1), the Minister of Environment, the head of a related central administrative agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu may request the heads of related central administrative agencies, relevant institutions or organizations to provide necessary data or information. In such cases, a person so requested shall comply with such request except in extenuating circumstances. |
| (3) | The subject matter, timing and method of statistical surveys referred to in paragraph (1), and other necessary matters shall be prescribed by Ordinance of the Ministry of Environment. |
CHAPTER III POLICIES, ETC. TO PROMOTE RESOURCES CIRCULATION
| Article 14 (Setting, etc. of National Goals for Resources Circulation) |
| (1) | To reduce the generation of wastes and facilitate resources circulation, the Minister of Environment shall set medium and long-term and phased national goals for resources circulation for the following matters; and take measures necessary for accomplishing such goals: |
| 1. | The terminal treatment ratio, which is the ratio of the quantity of terminally treated wastes to that of generated wastes: |
| 2. | The circular utilization ratio, which is the ratio of the quantity of circularly utilized wastes to that of generated wastes; |
| 3. | The energy recovery ratio, which is the ratio of the quantity of wastes converted to energy to that of generated wastes usable as energy. |
| (2) | The Minister of Environment shall set the medium and long-term and phased national goals for resources circulation pursuant to paragraph (1), taking account of the domestic resources circulation conditions, resources circulation trends, etc. of each country, upon consultation with the heads of related central administrative agencies. |
| (3) | Detailed methods for calculating the ratio specified in each subparagraph of paragraph (1) shall be determined by Ordinance of the Ministry of Environment. |
| Article 15 (Resources Circulation Performance Management and Support for Cities/Dos) |
| (1) | A Mayor/Do Governor shall set and manage resources circulation goals for the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province (hereinafter referred to as "City/Do"), taking account of the medium and long-term and phased national goals for resources circulation for the matters specified in Article 14 (1) 1 and 2, the conditions, etc. of his/her jurisdiction; and shall submit the performance record of the goals to the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment. |
| (2) | The Minister of Environment shall ascertain how each City/Do sets and manages the resources circulation goals pursuant to paragraph (1) to provide guidance on and supervise the matters implemented; and may provide financial and technical assistance to the relevant City/Do based on the outcomes of implementation. |
| Article 16 (Resources Circulation Performance Management and Support for Business Entities) |
| (1) | To accomplish the medium- and long-term and phased national goals for resources circulation set under Article 14 (1), the Minister of Environment shall set and manage resources circulation targets for each business entity in a size equal to or greater than that prescribed by Ordinance of the Ministry of Environment that discharges industrial wastes and engages in the types of business prescribed by Ordinance of the Ministry of Environment (hereinafter referred to as "person subject to resources circulation performance management") in connection with Article 14 (1) 1 and 2, as prescribed by Ordinance of the Ministry of Environment. <Amended by Act No. 15840, Oct. 16, 2018> |
| (2) | The Minister of Environment shall set resources circulation targets for a person subject to resources circulation performance management pursuant to paragraph (1), taking account of the scale of business, technological level, international competitiveness, the past record of achieving targets, etc. of the person subject to resources circulation performance management, upon consultation with the Minister of Trade, Industry and Energy and the relevant trade association established pursuant to Article 18. |
| (3) | Where a person subject to resources circulation performance management is unable to accomplish his/her resources circulation targets set pursuant to paragraphs (1) and (2) due to closure or breakdown of resources circulation facilities, a setback in a plan to expand such facilities, or other cause prescribed by Ordinance of the Ministry of Environment, the person may request the Minister of Environment to reset the relevant targets within one month from the date such cause arises by submitting data necessary for resetting the targets to the Minister of Environment. |
| (4) | A person subject to resources circulation performance management shall submit the following data to the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment: |
| 1. | A compliance plan to achieve his/her resources circulation targets set pursuant to paragraphs (1) through (3) as well as the relevant performance record; |
| 2. | Data necessary for setting the medium and long-term and phased national goals for resources circulation pursuant to Article 14 (1). |
| (5) | Where a person subject to resources circulation performance management exceeds his/her resources circulation targets set pursuant to paragraphs (1) through (3) through an assessment of the performance record submitted pursuant to paragraph (4) 1, the Minister of Environment may include such excess portion into the person's performance of the following year; and may issue an order to implement the shortfall in achievement of the targets in the following year if the person fails to achieve the targets. |
| (6) | Where any person subject to resources circulation performance management fails to submit the data, compliance plan, etc. required pursuant to paragraph (1) or (4) or fails to comply with an order issued pursuant to paragraph (5), the Minister of Environment may take necessary measures prescribed by Presidential Decree, such as disclosing a list of relevant persons. |
| (7) | The Minister of Environment or the Minister of Trade, Industry and Energy may grant preferential treatment in administrative, technical and financial terms to a person subject to resources circulation performance management if the person has outstanding performance in achieving the resources circulation targets set pursuant to paragraph (1). |
| (8) | Matters necessary for setting and managing the targets under paragraphs (1) and (2), resetting resources circulation targets under paragraph (3), assessing the performance record under paragraph (5), granting preferential treatment to outstanding persons subject to resources circulation performance management under paragraph (7), and other necessary matters shall be prescribed by Ordinance of the Ministry of Environment. |
| Article 17 (Promoting Use of Circular Resources) |
| (1) | A business entity operating any of the types of business prescribed by Presidential Decree in excess of any of the scales prescribed by Presidential Decree that needs to promote the use of circular resources (hereinafter referred to as "business entity subject to circular utilization") shall endeavor to use at least a specified amount of circular resources prescribed by Presidential Decree in compliance with the guidelines publicly notified jointly by the Minister of Environment and the Minister of Trade, Industry and Energy. In such cases, the guidelines shall include matters prescribed by Ordinance of the Ministry of Environment, such as the quantity of circular resources to be used and how to use them. |
| (2) | The Minister of Environment or the Minister of Trade, Industry and Energy may grant preferential treatment in administrative, technical and financial terms to a business entity subject to circular utilization if the business entity has outstanding performance in using circular resources referred to in paragraph (1). |
| (3) | Where necessary to promote the use of circular resources, the Minister of Environment and the Minister of Trade, Industry and Energy may develop and jointly notify publicly the standards for using raw materials that must be used to produce products, etc. in the types of business provided for in paragraph (1), upon consultation with the heads of related central administrative agencies. |
| Article 18 (Establishment of Trade Associations) |
| (1) | Persons subject to resources circulation performance management or business entities subject to circular utilization may establish a trade association (hereinafter referred to as "trade association") in order to seamlessly conduct affairs relating to resources circulation performance management for business entities under Article 16, promotion of the use of circular resources under Article 17, and other affairs. |
| (2) | A trade association shall be a corporation. |
| (3) | A person who intends to establish a trade association shall submit to the Minister of Environment an application stating the purpose of its establishment, the scope of business and other matters prescribed by Ordinance of the Ministry of Environment, including the articles of incorporation, and obtain his/her authorization. |
| (4) | Where a person who has obtained authorization to establish a trade association pursuant to paragraph (3) intends to modify any matters prescribed by Ordinance of the Ministry of Environment, the person shall obtain authorization for modification from the Minister of Environment. |
| (5) | Upon granting authorization to establish a trade association under paragraph (3) or authorization for modification under paragraph (4), the Minister of Environment shall publicly announce such fact. |
| (6) | Except as otherwise expressly provided for in this Act, the provisions of the Civil Act governing incorporated associations shall apply mutatis mutandis to trade associations. |
| Article 19 (Assessment of Hazard and Circular Utilization of Products, etc.) |
| (1) | The Minister of Environment may assess hazard and circular utilization for any of the following products, etc.: <Amended by Act No. 14532, Jan. 17, 2017> |
| 1. | A product, etc. suspected of being harmful to human health and the environment because they contain any substance prescribed by Presidential Decree among the following substances: |
| 2. | A product, etc. suspected of not being circularly utilized if they become wastes. |
| (2) | An assessment of hazard and circular utilization provided for in paragraph (1) shall be conducted for the following matters: |
| 1. | The possibility that the relevant product, etc. could be circularly utilized or properly treated if they become wastes; |
| 2. | The weight, volume, material, and composition of the relevant product, etc. if they become wastes; |
| 3. | The type and quantity of any hazardous substance included in the relevant product, etc.; |
| 4. | Durability of the relevant product, etc. |
| (3) | Where a product, etc. are found to be hazardous to human health and the environment or unlikely to be circularly utilized through an assessment of hazard and circular utilization under paragraphs (1) and (2), the Minister of Environment may recommend the relevant person who produces, processes, imports, or sells the product, etc. to improve their hazard and circular utilization within a specified period. |
| (4) | Where a person in receipt of a recommendation under paragraph (3) fails to comply with the recommendation, the Minister of Environment may disclose the results of assessing hazard and circular utilization of the relevant product, etc.: Provided, That this shall not apply where the details to be disclosed constitute trade secrets defined in subparagraph 2 of Article 2 of the Unfair Competition Prevention and Trade Secret Protection Act. |
| (5) | The methods and procedures for assessing hazard and circular utilization pursuant to paragraphs (1) through (4) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 20 (Quality Mark Certification for Circular Resources) |
| (1) | To enhance the quality and technical competitiveness of circular resources, the Minister of Environment may award, upon application by a business entity, certification of the quality mark indicating information on circular resources (hereinafter referred to as "quality mark") after examining the quality and processes of the circular resources. In such cases, affairs necessary for quality mark certification may be entrusted to a specialized institution prescribed by Presidential Decree (hereinafter referred to as "certifying institution"). |
| (2) | The standards and procedures for quality mark certification under paragraph (1), how a person awarded the certification uses the quality mark, and other necessary matters shall be prescribed by Presidential Decree. |
| (3) | Where a person awarded quality mark certification pursuant to paragraph (1) fails to meet the relevant standards or where the grounds prescribed by Ordinance of the Ministry of Environment arise, the Minister of Environment may revoke such quality mark certification. |
| (4) | No person other than a person awarded quality mark certification pursuant to paragraph (1) shall place the quality mark or any other similar mark on circular resources. |
| (5) | The Minister of Environment or the Minister of Trade, Industry and Energy may request a public institution defined in subparagraph 2 of Article 2 of the Act on the Promotion of Purchase of Green Products to preferentially purchase circular resources certified as eligible for the quality mark pursuant to paragraph (1); and may recommend private organizations or enterprises to preferentially purchase such circular resources. |
| (6) | The Minister of Environment may revoke the designation of a certifying institution provided for in paragraph (1) or issue an order to fully or partially suspend its business for a given period not exceeding one year if the certifying institution falls under any of the following: Provided, That the designation of a certifying institution shall be revoked if it falls under subparagraph 1 or 5: |
| 1. | Where it is designated as a certifying institution by fraud or other improper means; |
| 2. | Where it fails to conduct certification affairs continuously for at least one year from the date of designation without just cause; |
| 3. | Where it ceases to meet the designation standards provided for in Article 20 (2); |
| 4. | Where it conducts certification affairs in violation of the standards or procedures for awarding certification provided for in Article 20 (2); |
| 5. | Where it conducts certification affairs during the period of business suspension after it has received an order for business suspension. |
CHAPTER IV ESTABLISHMENT OF FOUNDATION FOR RESOURCES CIRCULATION, SUPPORT, ETC.
| Article 21 (Waste Disposal Charges) |
| (1) | The Minister of Environment may impose and collect waste disposal charges if any of the following persons disposes of wastes, which can be circularly utilized, by incineration or landfill: |
| (2) | Notwithstanding paragraph (1), a person subject to waste disposal charges is eligible for a partial or full exemption from the waste disposal charges in circumstances prescribed by Presidential Decree or if: |
| 1. | The person directly creates a landfill and buries wastes therein for a certain period to recycle the wastes later; |
| 3. | Waste charges have been imposed pursuant to Article 12 of the Promotion of Saving and Recycling of Resources; |
| (3) | Waste disposal charges provided for in paragraph (1) shall be calculated, considering the expenses that would have incurred in circularly utilizing the incinerated or buried wastes; but shall be calculated by multiplying the quantity of the wastes disposed of by the amount calculated in compliance with the computation standards prescribed by Presidential Decree and then by the calculation index prescribed by Presidential Decree. |
| (4) | The standards for calculating waste disposal charges, standards for partial or full exemptions, timing and procedures for paying the charges, and other necessary matters shall be prescribed by Presidential Decree. |
| (5) | Where a person liable to pay waste disposal charges fails to pay the charges by the payment deadline, the Minister of Environment shall give an overdue notice to the person, specifying a payment period of at least 30 days. In such cases, a late-payment penalty equivalent to 3/100 of the unpaid waste disposal charges shall be imposed. |
| (6) | Where a person in receipt of an overdue notice under paragraph (5) fails to pay the waste disposal charges or late-payment penalty by the specified payment deadline, such charges or late-payment penalty shall be collected in the same manner as delinquent national taxes are collected. |
| (7) | Waste disposal charges and or late-payment penalties specified in paragraph (5) shall be managed as revenues of the Special Account for Environmental Improvement established under the Framework Act on Environmental Policy. |
| (8) | Where the Minister of Environment delegates or entrusts his/her authority to collect waste disposal charges or late-payment penalties to a Mayor/Do Governor or to a specialized institution, such as the Korea Environment Corporation established under the Korea Environment Corporation Act, pursuant to Article 31, the Minister may provide as grants some of the collected waste disposal charges or late-payment penalties to the Mayor/Do Governor or to the specialized institution, as prescribed by Presidential Decree. |
| (9) | Where necessary to calculate waste disposal charges, the Minister of Environment may request the Korea Environment Corporation established under the Korea Environment Corporation Act or persons who establish and operate waste incinerators or landfill facilities to submit relevant data. In such cases, persons so requested shall comply with the request except in extenuating circumstances. |
| Article 22 (Uses of Waste Disposal Charges) |
Waste disposal charges shall be used for the following:
| 1. | Public relations, education, culture creation, and any other project to promote use of wastes and circular resources; |
| 2. | A project to improve waste treatment facilities, resources circulation facilities, and the environments of surrounding areas thereof; |
| 3. | Establishing and operating facilities to reduce the generation of wastes, promote circular utilization, and treat wastes; |
| 4. | Creating and operating complexes for the resource-circulating industry and small resources circulation facilities; |
| 5. | A project to improve the waste collection environment, installations, etc. for persons who gather and transport waste paper, scrap iron, etc. as well as for small resources circulation facilities; |
| 6. | Research, development, and international cooperation relating to use and treatment of wastes and circular resources; |
| 7. | Any other projects prescribed by Presidential Decree to facilitate a transition to a resource-circulating society. |
| Article 23 (Establishment of Resources Circulation Special Account) |
| (1) | To secure operating expenses necessary for promoting a transition to a resource-circulating society, a Resources Circulation Special Account (hereinafter referred to as the "Special Account") may be established in a City/Do or a Si/Gun/Gu (Gu means an autonomous Gu). |
| (2) | Revenues of the Special Account are as follows: |
| 1. | Subsidies from the State or a City/Do; |
| 2. | Money transferred from a general account or any other Special Account; |
| 3. | Grants provided pursuant to Article 21 (8) out of waste disposal charges and late-payment penalties; |
| 5. | Proceeds accruing from the operation of the funds specified in subparagraphs 1 through 4. |
| (3) | Expenditures from the Special Account shall be used for the following: |
| 1. | The projects specified in subparagraphs 1 through 5 of Article 22; |
| 2. | Any other projects prescribed by Ordinance of the Ministry of Environment to facilitate a transition to a resource-circulating society. |
| (4) | Detailed matters necessary for establishing and operating the Special Account shall be prescribed by ordinance of the relevant local government. |
| Article 24 (Establishment and Operation of Circular Resources Information Center) |
| (1) | To promote the use of wastes and circular resources, the Minister of Environment may establish and operate a Circular Resources Information Center (hereinafter referred to as the "Circular Resources Information Center") which manages and provides information on circular utilization technology, etc.; or may entrust its establishment and operation to a relevant specialized institution. |
| (2) | Matters necessary for establishing and operating the Circular Resources Information Center and providing information on circular resources, and other matters shall be prescribed by Presidential Decree. |
| Article 25 (Establishment and Operation of Resources Circulation Information System) |
| (1) | The Minister of Environment shall build and operate a resources circulation information system (hereinafter referred to as the "resources circulation information system") to systematically manage information prescribed by Ordinance of the Ministry of Environment which relates to resources circulation performance management, etc. prescribed in Articles 14 through 16. |
| (3) | The method of establishing and operating the resources circulation information system, the method of disclosing information pursuant to paragraph (2), and other necessary matters shall be prescribed by Ordinance of the Ministry of Environment. |
| (4) | The Minister of Environment may request the heads of related central administrative agencies to submit data necessary for establishing and operating the resources circulation information system. In such cases, a person so requested shall comply with such request except in extenuating circumstances. |
| Article 26 (Financial and Technical Support, etc.) |
| (1) | To promote the development of a resource-circulating society, the State and a local government may provide necessary financial and technical assistance or extend loans, etc. under finance-related statutes to a local government, a trade association, a business entity, etc. which implement any of the following projects: |
| 1. | A project to establish and operate facilities necessary for promoting the development of a resource-circulating society; |
| 2. | A project for research and technology development relating to a resource-circulating society; |
| 3. | A project necessary for nurturing the resource-circulating industry; |
| 4. | A circular utilization project by business entities using circular resources; |
| 5. | A project to improve the waste collection environment, installations, etc. for persons who gather and transport waste paper, scrap iron, etc. as well as for small resources circulation facilities; |
| 6. | Any other projects prescribed by Ordinance of the Ministry of Environment, which are necessary for promoting the development of a resource-circulating society. |
| (2) | The Government may subsidize a business entity specified in paragraph (1) with funds necessary for improving the environment and facilities or establishing installations, research and technology development funds, etc. from the following funds or Fund: <Amended by Act No. 16172, Dec. 31, 2018> |
| (3) | The Minister of Environment may request necessary cooperation from the head of a related central administrative agency that manages the funds or Fund specified in any subparagraph of paragraph (2). |
| Article 27 (Legislative and Administrative Measures, etc.) |
| (1) | To promote the development of a resource-circulating society, the State and a local government shall take legislative or administrative measures required, such as deregulation pursuant to relevant statutes. |
| (2) | The Minister of Environment may request the heads of related central administrative agencies in charge of the relevant statutes specified in paragraph (1) to take necessary measures, such as amending the relevant statutes. |
| Article 28 (International Cooperation for Transition to Resource-Circulating Society) |
| (1) | To promote international cooperation for a transition to a resource-circulating society, the State shall take necessary measures, such as providing information and technical and economic assistance. |
| (2) | To promote international cooperation pursuant to paragraph (1), the Minister of Environment and the heads of related central administrative agencies may implement any of the following projects: |
| 1. | Surveys and research on international cooperation relating to a resource-circulating society; |
| 2. | International exchanges of human resources and information relating to a resource-circulating society; |
| 3. | Holding exhibitions and seminars on a resource-circulating society; |
| 4. | Exploring overseas markets to develop the resource-circulating industry; |
| 5. | Any other projects deemed necessary to promote international cooperation. |
| (3) | The Minister of Environment and the heads of related central administrative agencies may provide necessary assistance to an institution, organization, business entity, etc. that implement any project specified in any subparagraph of paragraph (2). |
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 29 (Reporting, Inspection, etc.) |
| (1) | The Minster of Environment may require any of the following persons to submit a report or data; or may have relevant public officials enter an office, a place of business, the bonded area provided for in Article 154 of the Customs Act, or any other place to inspect relevant documents, facilities, equipment, etc. to the extent necessary for enforcing this Act, as prescribed by Ordinance of the Ministry of Environment: |
| 1. | A person who has obtained recognition of circular resources pursuant to Article 9; |
| 2. | A person subject to resources circulation performance management provided for in Article 16; |
| 3. | A business entity subject to circular utilization provided for in Article 17; |
| 4. | A trade association provided for in Article 18; |
| 5. | A person who produces, processes, imports, or sells products, etc. subject to an assessment of hazard and circular utilization provided for in Article 19; |
| 6. | A person who has been awarded quality mark certification pursuant to Article 20; |
| 7. | A person subject to waste disposal charges under Article 21. |
| (2) | A public official who conducts an inspection pursuant to paragraph (1) shall carry an identification certificate indicating his/her authority and present it to the relevant person. |
| (3) | To conduct an inspection pursuant to paragraph (1), a public official shall notify the inspectee of an inspection plan including the date, purpose, details, etc. of the inspection seven days prior to the inspection: Provided, That this shall not apply where an urgent inspection is required or where giving a prior notice can defeat the purpose of the inspection. |
The Minister of Environment shall hold a hearing to take any of the following dispositions:
| 1. | Revoking recognition of circular resources pursuant to Article 10 (1); |
| 2. | Revoking quality mark certification pursuant to Article 20 (3); |
| 3. | Revoking designation of a certifying institution pursuant to Article 20 (6). |
| Article 31 (Delegation and Entrustment of Authority) |
| (1) | Part of the authority of the Minister of Environment bestowed by this Act may be delegated to a Mayor/Do Governor or the head of a Regional Environmental Office, as prescribed by Presidential Decree. |
| (2) | Part of the duties of the Minister of Environment prescribed in this Act may be delegated to the Korea Environment Corporation established under the Korea Environment Corporation Act and a specialized institution determined by Presidential Decree, as prescribed by Presidential Decree. |
| Article 32 (Persons Deemed Public Officials for Purposes of Penalty Provisions) |
| Article 33 (Effective Period and Review Period of Regulation) |
| (1) | The waste disposal charges provided for in Article 21 shall remain effective until January 1, 2023. |
| (2) | The Minister of Environment shall review the appropriateness of the following matters every three years, counting from January 1, 2021 (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements: |
| 1. | Recognition of circular resources under Article 9 and revocation of recognition thereof under Article 10; |
| 2. | Resources circulation performance management for business entities under Article 16; |
| 3. | Promotion of the use of circular resources under Article 17; |
| 4. | Authorization to establish a trade association and authorization for modification under Article 18; |
| 5. | Quality mark certification and revocation of such certification under Article 20; |
| 7. | Administrative fines provided for in Article 36. |
CHAPTER VI PENALTY PROVISIONS
| Article 34 (Penalty Provisions) |
A person who places the quality mark or any other similar mark on circular resources without obtaining quality mark certification in violation of Article 20 (4) shall be punished by imprisonment for not more than two years or by a fine not exceeding twenty million won.
| Article 35 (Joint Penalty Provisions) |
If the representative of a corporation, or an agent or employee of, or any other person employed by a corporation or an individual commits the offense provided for in Article 34 in connection with the affairs of the corporation or individual, not only shall such offender be punished accordingly, but the corporation or individual shall also be punished by a fine under the relevant provisions: Provided, That this shall not apply where such corporation or individual has not been negligent in taking due care and supervision concerning the relevant affairs to prevent such offense.
| Article 36 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding one million won: |
| 1. | A person who fails to submit data necessary for calculating waste disposal charges in violation of Article 21 (9) or prepares and submits false materials; |
| 2. | A person who fails to submit a report or data under Article 29 (1) or submits a false report or data; or a person who refuses, interferes with, or evades the entry or inspection under the same paragraph. |
| (2) | The administrative fine provided for in paragraph (1) shall be imposed and collected by the Minister of Environment, as prescribed by Presidential Decree. |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2018.
Article 2 (Applicability to Waste Disposal Charges)
Article 21 shall begin to apply from the first person who disposes of wastes by incineration or landfill after this Act enters into force. Article 3 Omitted.
ADDENDA <Act No. 14532, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 15840, Oct. 16, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 16172, Dec. 31, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.