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ENFORCEMENT DECREE OF THE CONSTRUCTION WASTE RECYCLING PROMOTION ACT

Presidential Decree No. 18666, Dec. 31, 2004

Amended by Presidential Decree No. 19828, Jan. 5, 2007

Presidential Decree No. 20136, jun. 29, 2007

Presidential Decree No. 20244, Sep. 6, 2007

Presidential Decree No. 20289, Sep. 27, 2007

Presidential Decree No. 20290, Sep. 27, 2007

Presidential Decree No. 20428, Nov. 30, 2007

Presidential Decree No. 20477, Dec. 28, 2007

Presidential Decree No. 20680, Feb. 29, 2008

Presidential Decree No. 21184, Dec. 24, 2008

Presidential Decree No. 21590, jun. 30, 2009

Presidential Decree No. 21626, Jul. 7, 2009

Presidential Decree No. 21904, Dec. 24, 2009

Presidential Decree No. 22164, May 18, 2010

Presidential Decree No. 23267, Oct. 28, 2011

Presidential Decree No. 23297, Nov. 16, 2011

Presidential Decree No. 23415, Dec. 28, 2011

Presidential Decree No. 23933, Jul. 4, 2012

Presidential Decree No. 24451, Mar. 23, 2013

Presidential Decree No. 24996, Dec. 11, 2013

Presidential Decree No. 25050, Dec. 30, 2013

Presidential Decree No. 25456, Jul. 14, 2014

Presidential Decree No. 25478, Jul. 16, 2014

Presidential Decree No. 27199, May 31, 2016

Presidential Decree No. 27792, Jan. 17, 2017

Presidential Decree No. 28367, Oct. 17, 2017

Presidential Decree No. 28583, Jan. 16, 2018

Presidential Decree No. 29950, Jul. 2, 2019

Presidential Decree No. 29972, Jul. 9, 2019

Presidential Decree No. 30313, Dec. 31, 2019

Presidential Decree No. 30542, Mar. 24, 2020

Presidential Decree No. 31606, Apr. 6, 2021

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the Construction Waste Recycling Promotion Act and those necessary for the enforcement thereof. <Amended on Jan. 5, 2007>
 Article 2 (Kinds of Construction Wastes)
Construction wastes defined in subparagraph 1 of Article 2 of the Construction Waste Recycling Promotion Act (hereinafter referred to as the “Act”) shall be as specified in attached Table 1. <Amended on Jan. 5, 2007>
 Article 3 (Abandoned Wastes)
“Waste ... which is prescribed by presidential Decree” in subparagraph 6 of Article 2 of the Act means construction wastes specified in attach Table 1, excluding scrap metals. <Amended on May 18, 2010>
 Article 3-2 (Recycled Aggregate Products)
“Product ... prescribed by Presidential Decree” in subparagraph 8 of Article 2 of the Act means any of the following: <Amended on Dec. 11, 2013; Jul. 9, 2019>
1. An asphalt concrete product (limited to a product that contains at least 25 percent of recycled aggregate for the production of asphalt concrete; hereinafter the same shall apply);
2. A concrete product:
(a) Products, such as bricks, blocks, curbs, and manholes, that contain at least 50 percent of recycled aggregate for the production of concrete products;
(b) Products containing less than 50 percent of recycled aggregate for the production of concrete products, which are publicly notified jointly by the Minister of Environment and the Minister of Land, Infrastructure and Transport as the products are deemed suitable to recycle and use construction wastes.
[This Article Newly Inserted on May 18, 2010]
 Article 3-3 (Construction Waste Subject to Separate Dismantlement)
“Construction waste prescribed by Presidential Decree” in Article subparagraph 12-2 of Article 2 of the Act means construction wastes in subparagraphs 1 through 9 and 11 through 15 of attached Table 1: Provided That any of the following construction wastes shall be excluded:
1. Construction waste that does not need to be separately dismantled as it falls under Article 9 (1) 1 (b);
2. Construction wastes that cannot be separately dismantled, such as reinforcing bars embedded in concrete.
[This Article Newly Inserted on Apr. 6, 2021]
 Article 4 (Purposes of Reuse of Recycled Aggregate)
(1) “Reuse ... for purposes prescribed by Presidential Decree” in subparagraph 14 of Article 2 of the Act means the reuse of recycled aggregate, recycled aggregate products, etc. as provided in the following: <Amended on Mar. 23, 2013; Dec. 11, 2013; Oct. 17, 2017; Apr. 6, 2021>
1. Reuse of recycled aggregate for the following purposes: Provided, That recycled aggregates made of waste asphalt concrete shall be reused only for the purposes provided in items (a) and (d):
(a) For road construction;
(b) For construction work (limited to construction work authorized or permitted pursuant to the relevant statutes and regulations, if used for the purpose of filling or covering);
(c) For top soil of parking lots, agricultural roads, etc.;
(d) For production of recycled aggregate recycled products and concrete [Including ready-mixed concrete (referring to unconsolidated concrete mixed with cement, aggregate and water)] according to Article 3-2;
(e) For the purpose of covering in a landfill facility from among waste disposal facilities constructed under Article 29 (1) of the Wastes Control Act;
(f) For the purpose of filling under subparagraph 3 (a) and (b) of Article 53 of the Enforcement Decree of the National Land Planning and Utilization Act;
(g) For the purpose of backfilling for the construction of electricity cable tunnels among electrical construction under the Electrical Construction Business Act;
(h) For the purpose of backfilling for the construction of communications cable tunnels among information and communications construction under the Information and Communications Construction Business Act;
2. Reuse of recycled aggregate products for the following purposes:
(a) Asphalt concrete products: For paving roads, agricultural roads, parking lots, squares, etc.;
(b) Concrete products: For installing or repairing the ground of facilities other than buildings or structures, and road boundary facilities;
3. Reuse of sludge (hereinafter referred to as “recycled sludge”) produced by properly treating construction sludge defined in subparagraph 10 of attached Table 1 pursuant to Article 13 (1) of the Act and soil (hereinafter referred to as “recycled soil”) produced by properly treating construction waste soil, sand, and gravel defined in subparagraph 16 of attached Table 1 pursuant to Article 13 (1) of the Act for the following purposes:
(a) For the purpose of filling or covering for construction work authorized or permitted under the relevant statutes and regulations;
(b) For the purposes provided in subparagraph 1 (e) or (f);
(c) For the purpose of filling to improve farmland as provided in subparagraph 2 of Article 3-2 of the Enforcement Decree of the Farmland Act;
4. Reuse of recycled aggregate, recycled aggregate products, etc. for other purposes jointly determined and publicly notified by the Minister of Environment and the Minister of Land, Infrastructure and Transport.
(2) Notwithstanding paragraph (1) 1, if recycled aggregate is used for installing a drainage layer, the potential hydrogen (pH) value of the recycled aggregate shall not exceed 9.8: Provided, That the foregoing shall not apply if a facility to prevent environmental pollution by drain water, such as a drainage canal or sump pit (water storage), is installed. <Newly Inserted on Dec. 11, 2013; Jul. 2, 2019>
[This Article Wholly Amended on May 18, 2010]
 Article 5 (Scope of Construction Work Required to Use Recycled Aggregate)
(1) “Construction work ... which have a specific structure, size and purpose prescribed by Presidential Decree” in subparagraph 15 of Article 2 of the Act means any of the following construction work: <Amended on Jan. 5, 2007; Sep. 27, 2007; Nov. 30, 2007; Dec. 28, 2007; Dec. 24, 2008; May 18, 2010; Nov. 16, 2011; Dec. 11, 2013; Jul. 14, 2014; Jul. 16, 2014; May 31, 2016; Jan. 17, 2017; Jan. 16, 2018; Dec. 31, 2019>
1. Construction work for a road in an agricultural or fishing village defined in Article 2 of the Act on the Maintenance and Improvement of Road Networks in Agricultural and Fishing Villages (hereafter in this Article referred to as “road in an agricultural or fishing village), a road defined in subparagraph 1 of Article 2 or Article 108 of the Road Act, and a road referred to in Article 2 (2) 1 of the Enforcement Decree of the National Land Planning and Utilization Act conducted in any of the following scales:
(a) The construction section is at least 2.75 meter wide and at least 1 kilometer long (or 200 meters in the case of a road in an agricultural or fishing village);
(b) The area of pavement is at least 9,000 square meters (or 2,000 square meters in the case of a road in an agricultural or fishing village);
2. Deleted; <Dec. 11, 2013>
3. A site development project in an area of at least 150,000 square meters among industrial complex development projects defined in subparagraph 9 of Article 2 of the Industrial Sites and Development Act;
4. Construction work to build a sewage culvert defined in subparagraph 6 of Article 2 of the Sewerage Act, a public sewage treatment plant defined in subparagraph 9 of Article 2 of the same Act, or an excreta treatment facility defined in subparagraph 11 of Article 2 of the same Act;
5. Construction work to build a public disposal facility defined in subparagraph 9 of Article 2 of the Act on the Management and Use of Livestock Excreta;
6. Construction work to build a public wastewater treatment facility under Article 48 (1) of the Water Environment Conservation Act;
7. A site development project in an area of at least 300,000 square meters among housing site development projects conducted under the Housing Site Development Promotion Act;
8. Construction work of a logistics terminal defined in subparagraph 2 of Article 2 of the Act on the Development and Management of Logistics Facilities and a development project of a logistics complex defined in subparagraph 6 of Article 2 of the same Act;
9. Construction work to build an on-road parking lot and an off-road parking lot defined in subparagraph 1 (a) and (b) of Article 2 of the Parking Lot Act;
10. Covering work in a landfill facility referred to in Article 4 (1) 1 (e);
11. Construction work other than those prescribed in subparagraphs 1 through 10 that has a specified structure, size, and purpose prescribed by ordinance of the relevant local government (limited to construction work ordered by the relevant local government or an organization prescribed by ordinance of the local government from among the organizations listed in subparagraph 15 (e) through (g) of Article 2 of the Act).
(2) Detailed methods for calculating the construction section and the area of pavement referred to in paragraph (1) 1 shall be determined and publicly notified by the Minister of Environment. <Newly Inserted on Dec. 11, 2013>
[This Article Wholly Amended on May 18, 2010]
 Article 6 (Construction Waste Disposal Facilities)
A construction waste disposal facility defined in subparagraph 16 of Article 2 of the Act shall be as follows: <Amended on May 18, 2010; May 31, 2016>
1. A crushing and grinding facility (limited to such facilities with the power of at least 15 kilowatts);
2. A dewatering and drying facility (limited to an interim treatment facility to reduce the water content of construction sludge to 85 percent or less).
[This Article Wholly Amended on May 18, 2010]
 Article 6-2 (Subject-Matters of Separate Dismantlement)
"A certain structure, size, and purpose of use prescribed by Presidential Decree" under Article 4 (3) of the Act means the case of placing an order for the demolition of a building with a total floor area of 500 square meters or more (referring to the total floor area of each building when there are two or more buildings on one site) under Article 119 (1) 4 of the Enforcement Decree of the Building Act.
[This Article Newly Inserted on Apr. 6, 2021]
CHAPTER II DELETED.
 Article 7 Deleted. <Mar. 24, 2020>
 Article 8 Deleted. <Mar. 24, 2020>
CHAPTER III ENVIRONMENT-FRIENDLY DISPOSAL OF CONSTRUCTION WASTE
 Article 9 (Standards for Treatment of Construction Wastes)
(1) Standards and methods for the discharge, collection, transportation, storage, and interim treatment of construction wastes under Article 13 of the Act shall be as follows: <Amended on Jan. 5, 2007; Jun. 30, 2009; May 18, 2010; Dec. 11, 2013; Oct. 17, 2017>
1. Construction wastes shall be separately discharged, collected, transported, and stored by type, such as waste concrete, waste asphalt concrete, wood waste, synthetic resin waste, and scrap metal, in consideration of the possibility of recycling, possibility of incineration, or necessity for burial: Provided, That the forgoing shall not apply to any of the following cases:
(a) Where construction wastes are mixed construction wastes defined in subparagraph 17 of attached Table 1 as at the time the construction wastes are generated;
(b) Where construction wastes, the standards and methods for treatment of which are same, is treated at the same construction waste disposal facility or pursuant to Article 7 (1) 1 (a) of the Enforcement Decree of the Wastes Control Act;
(c) Where waste asphalt concrete is discharged, collected, transported or stored and undergoes interim treatment as prescribed by Ordinance of the Ministry of Environment;
1-2. Wastes generated after the interim treatment of construction wastes (excluding construction sludge and construction soil, sand, and gravel defined in subparagraphs 10 and 16 of attached Table 1) shall be treated pursuant to Articles 17 and 18 of the Wastes Control Act: Provided, That, if wastes generated at a construction waste disposal facility are of the same nature and in the same state as wastes before the interim treatment, an interim treatment business entity defined in subparagraph 5 of Article 2 of the Act (hereinafter referred to as “interim treatment business entity”) may collect and transport the wastes with the construction waste collecting or transporting vehicle of such interim treatment business entity;
2. A person who collects and transports construction wastes shall indicate on every vehicle collecting and transporting construction wastes (including a railroad car or ship) that it collects and transports construction wastes, and shall affix a certificate of collection and transportation of construction wastes on such vehicle (or carry the certificate in cases of transport by railroad car or ship): Provided, That the foregoing shall not apply to any of the following cases:
(a) Where the person collects and transports construction wastes generated at a construction site within such construction site;
(b) Where the person transports construction wastes that are placed and sealed in a container, etc., for export (limited to where such person carries a document certifying that the construction wastes are for export);
3. Deleted; <Dec. 11, 2013>
4. A cover, etc. shall be installed to prevent construction wastes from blowing away or flowing down during collection, transportation, and storage;
5. A drainage canal, etc. shall be installed around stored construction wastes that may produce leachate to prevent surface water from flowing therein;
6. Combustible construction wastes separately collected, transported, or stored shall not be mixed with non-combustible construction wastes;
7. The interim treatment of construction wastes shall be performed by type, properly for its recycling purpose;
8. Any waste generated after the interim treatment of construction wastes shall not be mixed with construction wastes prior to interim treatment;
9. If an interim treatment business entity stores consigned construction waste, such business entity shall store the construction waste at the storage facility in the same place of business as the treatment facility;
10. An interim treatment business entity shall establish a facility for storing consigned construction wastes and wastes generated after the interim treatment thereof, separately store such wastes for recycling, incineration, and landfill purposes, and set up a signboard on such storage facility.
(2) Detailed standards and methods for the discharge, collection, transportation, storage, and interim treatment of construction wastes under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Jan. 5, 2007>
 Article 10 (Method for Assessment of Capability to Perform Services of Interim Treatment Business Entities)
The method for the assessment of the capability to perform services of interim treatment business entities (including services for preventing pollution of the surrounding environment, such as fugitive dust, leachate, and malodor; hereinafter the same shall apply) under Article 14 (4) of the Act shall be as specified in attached Table 3. <Amended on May 31, 2016>
[This Article Wholly Amended on May 18, 2010]
 Article 11 (Awarding Contracts for Construction Waste Disposal Services)
“Construction work of not less than the size prescribed by Presidential Decree” in Article 15 (1) of the Act means construction work, for which 100 tons or more of the total quantity of construction wastes generated from the construction work is consigned for treatment. <Amended on Jan. 5, 2007; May 18, 2010>
[This Article Wholly Amended on May 18, 2010]
 Article 12 (Contracts for Entrustment of Construction Waste Disposal Services)
“Matters prescribed by Presidential Decree” in Article 16 (2) of the Act means the following: <Amended on Jan. 5, 2007; May 18, 2010>
1. Name of construction works;
2. Trade names, locations, and representatives of a consigner and a consignee of construction waste disposal services;
3. Places (from the source to destination) for transporting construction wastes by type;
4. Places and methods for the treatment of construction wastes by type.
CHAPTER IV CONSTRUCTION WASTE DISPOSAL BUSINESS
 Article 13 (Matters to Be Observed by Construction waste disposal Business Entities)
“Matters prescribed by Presidential Decree, such as prohibition against being entrusted with the treatment of construction wastes beyond his or her capability of collecting, transporting or performing interim treatment of construction wastes” in Article 21 (7) 3 of the Act means the following: <Amended on Jan. 5, 2007; May 18, 2010; Dec. 11, 2013; May 31, 2016; Oct. 17, 2017; Apr. 6, 2021>
1. A waste disposal business entity shall not refuse to be consigned with collection, transportation, and interim treatment services of construction wastes requested by a discharger without good cause, such as temporarily or permanently closing business or exceeding the permitted storage capacity;
2. A waste disposal business entity shall not receive the consignment of construction wastes in excess of the storage and transportation capacity or the interim treatment capacity;
3. A waste disposal business entity shall not delay collection, transportation, and interim treatment services of construction wastes consigned, without good causes, such as a natural disaster;
4. A waste disposal business entity shall send a copy of a permit for construction waste disposal business and other documents prescribed by Ordinance of the Ministry of Environment to a discharger after having been consigned with the collection, transportation, and interim treatment of construction wastes;
5. Every collection and transportation business entity and interim treatment business entity defined in subparagraph 5 of Article 2 of the Act (hereinafter referred to as “construction waste disposal business entity”) shall not cause environmental pollution in the course of collecting, transporting, and treating consigned construction wastes;
6. If a construction waste disposal business entity becomes unable to collect and transport construction wastes due to such reasons as revocation of permission, business suspension, or temporary or permanent closure, he or she shall return the certificate of collection and transportation of construction wastes to a permitting agency;
7. A construction waste disposal business entity shall not transport consigned construction wastes to any place other than the proper place for treatment designated by a discharger;
8. Other matters prescribed by Ordinance of the Ministry of Environment to properly treat construction wastes.
[This Article Wholly Amended on May 18, 2010]
 Article 14 (Conditions on Permission of Construction waste disposal Business)
A Special City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") may impose the following conditions on permission in order to protect the surrounding environment and to properly treat construction wastes in accordance with Article 21 (5) of the Act: <Amended on May 18, 2010; Dec. 11, 2013; May 31, 2016; Mar. 24, 2020>
1. Measures necessary to restrain the generation of fugitive dust and noise;
2. Measures necessary to prevent the generation of abandoned wastes, including compliance with the permitted storage capacity;
3. Matters necessary to build, operate, and manage a waste disposal facility, etc. in order to prevent environmental pollution in the neighborhood and to prevent property damage of residents.
[This Article Wholly Amended on May 18, 2010]
 Article 15 (Amounts of Penalty Surcharges)
(1) The amount of a penalty surcharge based on the nature and severity of an offense under Article 26 (2) of the Act shall be as specified in attached Table 4. <Amended on May 18, 2010>
(2) A Mayor/Do Governor may increase or decrease the amount of a penalty surcharge under paragraph (1) by up to 1/2 in consideration of the size of business of a construction waste disposal business entity, special characteristics of the area where such business entity operates, the severity of the relevant offense, and the frequency of offenses: Provided, That the total amount of a penalty surcharge shall not exceed 100 million won, where the penalty surcharge is increased. <Amended on May 18, 2010>
 Article 16 Deleted. <May 18, 2010>
CHAPTER V QUALITY STANDARDS FOR RECYCLED AGGREGATE AND FACILITATION OF USE THEREOF
 Article 17 (Recycled Aggregate Products Subject to Mandatory Use)
“Recycled aggregate products that satisfy the standards prescribed by Presidential Decree” in the main clause, with the exception of its subparagraphs, of Article 38 (1) of the Act means products prescribed in Article 3-2 which fall under any of the following subparagraphs: <Amended on Oct. 28, 2011; Mar. 23, 2013; Oct. 17, 2017>
1. A product certified as an item subject to recycled product quality certification determined by the Minister of Trade, Industry and Energy pursuant to Article 33 of the Act on the Promotion of Saving and Recycling of Resources and Article 15 of the Industrial Technology Innovation Promotion Act;
3. A product that satisfies the certification standards for products provided in subparagraph 1 or 2 among performance-certified products under Article 15 (1) of the Act on Facilitation of Purchase of Small and Medium Enterprise-Manufactured Products and Support for Development of Their Markets;
4. A product certified by an organization that establishes collective standards under Article 27 (2) of the Industrial Standardization Act.
[This Article Wholly Amended on May 18, 2010]
CHAPTER VI PERFORMANCE GUARANTEE FOR TREATMENT OF ABANDONED WASTE
 Article 18 (Precautionary Measures against Generating Abandoned Wastes)
(1) The Minister of Environment shall take the following measures in order to prevent the generation of abandoned wastes pursuant to Article 41 (1) of the Act: <Amended on May 18, 2010>
1. Technical support for the proper treatment of construction wastes;
2. Education and publicity for construction waste disposal business entities.
(2) A Mayor/Do Governor may provide guidance on or inspect the following matters pursuant to Article 41 (1) of the Act: <Amended on May 18, 2010>
1. The status of storage of construction wastes by construction waste disposal business entities;
2. Whether to comply with the permitted storage capacity;
3. Other matters as the Mayor/Do Governor may deem necessary to take precautionary measures against abandoned waste.
 Article 19 (Performance Guarantee for Treatment of Abandoned Wastes)
A construction waste disposal business entity that has taken measures to guarantee the treatment of abandoned wastes under Article 42 of the Act shall submit the following documents to the relevant Mayor/Do Governor within 15 days from the date of taking the measures to guarantee the treatment of abandoned wastes: <Amended on May 18, 2010>
1. Where such business entity paid a contribution under Article 42 (1) 1 of the Act: A document certifying the payment of a contribution;
2. Where such business entity purchased guarantee insurance under Article 42 (1) 2 of the Act (hereinafter referred to as “performance guarantee insurance"): An original copy of an insurance policy certifying that the business entity purchased the performance guarantee insurance.
 Article 20 (Period of Performance Guarantee Insurance and Timing for Purchase)
(1) Performance guarantee insurance shall be purchased on a yearly basis with a minimum period of at least one year and shall cover a period that expires 60 days after the expiration date of the insurance policy.
(2) Notwithstanding paragraph (1), the period of performance guarantee insurance first purchased shall be until December 31 of the following year.
(3) A person who purchases performance guarantee insurance shall enter into an insurance contract to ensure that a Mayor/Do Governor receives insurance proceeds from an insurance carrier.
 Article 21 (Renewal of Performance Guarantee Insurance Contract)
A person who purchased performance guarantee insurance shall take the required measure pursuant to Article 42 (2) of the Act, in any of the following cases: <Amended on Apr. 6, 2021>
1. Where the period of the performance guarantee insurance expires: The person shall either renew the performance guarantee insurance contract 30 days before the expiration date, or shall pay a contribution to a mutual aid cooperative;
2. Where an insurance premium needs to be revised on such grounds that the type of treatable construction waste permitted under Article 21 (3) of the Act or the unit price for treatment is revised, or such person stores construction wastes in excess of the permitted storage capacity: Such person shall renew the performance guarantee insurance contract within 15 days from the date on which the grounds arise.
[This Article Wholly Amended on Dec. 11, 2013]
 Article 22 (Standards for Calculation of Performance Guarantee Insurance Premium)
(1) A performance guarantee insurance premium shall be the unit price for the treatment of each type of construction waste multiplied by the permitted storage capacity and the total shall be multiplied by 1.5: Provided, That a performance guarantee insurance premium for a quantity stored in excess of the permitted storage capacity shall be the unit price for the treatment of each type of construction waste multiplied by the quantity stored in excess and the total multiplied by 3.
(2) The unit prices for the treatment of each type of construction waste under paragraph (1) shall be determined and publicly notified by the Minister of Environment in consideration of the types of construction wastes and treatment methods. <Amended on May 18, 2010>
CHAPTER VII ESTABLISHMENT OF MUTUAL AID COOPERATIVE
 Article 23 (Matters to Be Entered in Articles of Association)
The articles of incorporation of a mutual aid cooperative established under Article 47 of the Act (hereinafter referred to as “mutual aid cooperative”) shall include any of the following:
1. Purpose;
2. Name;
3. Location of office;
4. Matters concerning assets;
5. Matters concerning appointment and dismissal of directors;
2. Qualification requirements for cooperative members;
7. Period for duration or cause of dissolution, if any.
8. Other important matters necessary for the business activities of the mutual aid cooperative.
 Article 24 (Guarantee Limits)
The maximum guarantee limit that a mutual aid cooperative can provide shall be the aggregate of investment money and reserves multiplied by 40: Provided, That, if a mutual aid cooperative is guaranteed by a bond or insurance issued by a financial company, etc. or provides guarantee in receipt of collateral, the aforementioned shall not be included in the maximum guarantee limit of the mutual aid cooperative. <Amended on Jan. 5, 2007; May 18, 2010>
 Article 25 (Subject Matter of Guarantee)
“Guarantees prescribed by Presidential Decree” in Article 48 (1) 2 of the Act means the following: <Amended on May 18, 2010>
1. Guarantee of authorization and permission;
2. Guarantee of purchase of facilities and equipment;
3. Guarantees of loan;
4. Guarantees of tax payment;
5. Other guarantees stipulated by the articles of incorporation of a mutual aid cooperative which guarantee the fulfillment of financial obligations that shall be borne by a member in relation to construction waste disposal business operated by such member.
 Article 26 (Inspection of Status of Treatment Services)
(1) Any employee of a mutual aid cooperative that inspects the status of treatment services pursuant to Article 52 (1) of the Act shall carry an identification verifying his or her authority and shall present it to interested persons.
(2) If a mutual aid cooperative intends to provide an opinion to a member under Article 52 (1) of the Act, it shall do so in writing: Provided, That such mutual aid cooperative may first provide opinions orally, if urgent correction is necessary.
 Article 27 (Matters to Be Stated in Articles of Incorporation of Association)
Article 23 shall apply mutatis mutandis to matters to be stated in the articles of incorporation of associations established pursuant to Article 55 of the Act (hereinafter referred to as “association”).
CHAPTER VIII SUPPLEMENTARY PROVISIONS
 Article 28 (Delegation of Authority)
The Minister of Environment or the Minister of Land, Infrastructure and Transport shall delegate the following authority to Mayors/Do Governors in accordance with Article 58 (1) of the Act: <Amended on Mar. 23, 2013>
1. Receipt of plans for the use of recycled aggregate and recycled aggregate products and notification of the details of such plans under Article 38 (4) of the Act;
2. Recommendation for the use of recycled aggregate and recycled aggregate products and issuance of orders to take corrective measures under Article 39 of the Act.
[This Article Wholly Amended on May 18, 2010]
 Article 29 (Entrustment of Duties)
(1) The Minister of Environment shall entrust the following duties to the Korea Environment Corporation established under the Korea Environment Corporation Act in accordance with Article 58 (2) of the Act: <Amended on May 18, 2010>
1. Provision of relevant data and collection of fees under Article 10 (2) of the Act;
2. The following duties related to electronic processing of the transfer and receipt of construction wastes under Article 19 of the Act:
(a) Collection of fees for processing electronic data under Article 19 (2) of the Act;
(b) Preservation of electronic data under Article 19 (3) of the Act;
(c) Verification and printing, or search and verification of electronic data under Article 19 (4) of the Act;
(d) Provision of electronic data under Article 19 (5) of the Act.
(2) The Minister of Environment shall entrust the associations with the duty to assess and publish the capability to perform services under Article 14 of the Act, in accordance with Article 58 (2) of the Act.
(3) The Minister of Land, Infrastructure and Transport shall entrust the following duties to an institute designated and publicly notified by him or her among government-funded research institutes established under the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes which conduct research on construction wastes, in accordance with Article 58 (2) of the Act: <Amended on Dec. 24, 2008; Mar. 23, 2013>
1. Certification of the quality of recycled aggregate under Article 36 (1) of the Act;
2. Inspection of the operational status and post-management status in relation to quality-certified recycled aggregate under Article 36 (3) of the Act.
(4) When designating an institute entrusted with the duties pursuant to paragraph (3), the Minister of Land, Infrastructure and Transport shall publicly notify the details of the entrusted duties, how to perform such duties, and other necessary matters in the Official Gazette. <Amended on Feb. 29, 2008; Mar. 23, 2013>
 Article 29-2 (Re-Examination of Regulation)
The Minister of Environment shall examine the appropriateness of the following matters every three years, counting from each base date specified in the following (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. Types of construction wastes under Article 2 and attached Table 1: January 1, 2014;
2. Standards for treatment of construction wastes under Article 9: January 1, 2014;
3. Conditions for permission for construction waste disposal business under Article 14: January 1, 2014.
[This Article Newly Inserted on Dec. 30, 2013]
CHAPTER IX PENALTY PROVISIONS
 Article 30 (Standards for Imposition of Administrative Fines)
The standards for imposition of administrative fines under Article 66 (1) through (3) of the Act shall be as specified in attached Table 5. <Amended on May 31, 2016>
[This Article Wholly Amended on Dec. 24, 2008]
ADDENDA <Presidential Decree No. 18666, Dec. 31, 2004>
(1) (Enforcement Date) This Decree shall enter into force on January 1, 2005: Provided, That Article 9 (1) 10 shall enter into force on July 1, 2005.
(2) (Special Cases concerning Awarding of Contracts for Construction Waste Disposal Services) In the application of Article 11, the total quantity of construction wastes generated shall be 500 tons or more until December 31, 2006.
(3) Omitted.
ADDENDUM <Presidential Decree No. 19828, Jan. 5, 2007>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20136, Jun. 29, 2007>
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. 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. 20289, Sep. 27, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 28, 2007.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 20290, Sep. 27, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 28, 2007.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 20428, Nov. 30, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 20477, Dec. 28, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 (Applicability to Mandatory Use of Recycled Aggregate for Construction Work to Build Sewage Culverts)
The amended provisions of subparagraph 4 of Article 5 pertaining to construction work to build a sewage culvert defined in subparagraph 6 of Article 2 of the Sewerage Act shall begin to apply to construction work ordered on or after January 1, 2009.
ADDENDA <Presidential Decree No. 20680, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21184, Dec. 24, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of the proviso of subparagraph 1 of Article 4, with the exception of its items, and Article 5 shall enter into force six months after the date of its promulgation.
Article 2 (Applicability)
The amended provisions of Article 5 shall begin to apply to construction work ordered after the amended provisions of Article 5 enter into force in accordance with the proviso of Article 1 of the Addenda.
ADDENDA <Presidential Decree No. 21590, Jun. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2009: Provided, That the amended provisions of Articles 8 and 9 shall enter into force on January 1, 2010.
Article 2 (Period of Validity Following Amendment to the Enforcement Decree of the Farmland Act)
(1) The amended provisions of subparagraph 46 of attached Table 2 of the Enforcement Decree of the Farmland Act shall remain in effect until June 30, 2011.
(2) The amended provisions of subparagraph 46 of attached Table 2 of the Enforcement Decree of the Farmland Act shall begin to apply to permission for diversion of farmland (including modification of permission, and authorization or permission by which permission for diversion of farmland or modification of permission is deemed granted pursuant to other statutes; hereafter the same shall apply in this paragraph) applied for or a report on diversion of farmland (including a report on modification; hereafter the same shall apply in this paragraph) filed after this Decree enters into force and shall also apply to permission for diversion of farmland or a report on diversion of farmland applied for or filed by June 30, 2011.
Article 3 (Applicability Following Amendment to the Enforcement Decree of the Tourism Promotion Act)
The amended provisions of subparagraph 1 of Article 32 of the Enforcement Decree of the Tourism Promotion Act shall also apply to a person who obtained or applied for, approval of a business plan under Article 15 of the Act before this Decree enters into force.
Article 4 (Applicability Following Amendment to the Enforcement Decree of the Industrial Sites and Development Act)
(1) The amended provisions of Article 40 (2) of the Enforcement Decree of the Industrial Sites and Development Act shall begin to apply to a plan for the sales of lots prepared after this Decree enters into force.
(2) Matters mandated to municipal ordinance under the amended provisions of Article 40 (2) of the Enforcement Decree of the Industrial Sites and Development Act shall be governed by the previous provisions until such municipal ordinance is enacted or amended.
Article 5 (Transitional Measures Following Amendment to the Enforcement Decree of the Employment Insurance Act)
The amended provisions of Article 13 (1) 2 of the Enforcement Decree of the Employment Insurance Act shall begin to apply to a place of business that reduces working hours under Article 13 (1) of the Enforcement Decree of the Employment Insurance Act after this Decree enters into force.
Article 6 (Transitional Measures Following Amendment to the Enforcement Decree of the Act on the Management and Promotion of Real Estate Development Business)
The imposition of administrative fines for violations committed before this Decree enters into force shall be governed by the previous provisions.
Article 7 (Transitional Measures Following Amendment to the Enforcement Decree of the New Harbor Construction Promotion Act)
The amended provisions of the latter part of Article 9 (5) of the Enforcement Decree of the New Harbor Construction Promotion Act shall apply to a person who applied for an extension of the application period for approval of a plan to implement a new harbor construction project under the previous provisions as at the time this Decree enters into force, if the extended period has not expired, and such person shall be deemed granted an extension once under the aforesaid amended provisions.
Article 8 (Transitional Measures Following Amendment to the Enforcement Decree of the Act on the Promotion of Saving and Recycling of Resources)
The imposition of administrative fines for violations committed before this Decree enters into force shall be governed by the previous provisions.
Article 9 (Transitional Measures Following Amendment to the Enforcement Decree of the Sewerage Act)
(1) The first refresher training referred to in the amended provisions of Article 38 (2) 2 (a) of the Enforcement Decree of the Sewerage Act shall be conducted in the year in which the fifth anniversary of the last day of a refresher training last conducted before this Decree enters into force falls.
(2) The amended provisions of Article 38 (2) 2 (b) of the Enforcement Decree of the Sewerage Act shall begin to apply to a business suspension issued after this Decree enters into force.
ADDENDUM <Presidential Decree No. 21626, Jul. 7, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21904, Dec. 24, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2010.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 22164, May 18, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 10, 2010.
Article 2 (Applicability to Mandatory Use of Recycled Aggregate)
The amended provisions of Article 5 shall begin to apply to construction work ordered after this Decree enters into force.
Article 3 (Applicability to Mixed Construction Wastes)
The amended provisions of subparagraph 17 of attached Table 1 shall begin to apply to a waste disposal plan or any modification thereto reported under Article 17 of the Act after this Decree enters into force.
ADDENDA <Presidential Decree No. 23267, Oct. 28, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 29, 2011.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 23297, Nov. 16, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 23415, Dec. 28, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 23933, Jul. 4, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24451, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 24996, Dec. 11, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 13, 2013: Provided, That any of the following amended provisions shall enter into force on the specified date:
1. Articles 4 (2) and 8 (1): June 13, 2014;
2. Article 5 (1) 1 and 2 and Article 5 (2): March 1, 2014;
3. Subparagraph 2 (e) (ii) of attached Table 3: January 1, 2015.
Article 2 (Applicability to Credit Rating Incentive Factors)
The amended provisions of subparagraph 2 (e) (ii) of attached Table 3 shall also apply to commendations awarded by the President, the Prime Minister, and the Minister of Environment before January 1, 2015.
Article 3 (Transitional Measures concerning Purposes of Reuse of Recycled Aggregate)
Notwithstanding the amended provisions of Article 4 (2), construction work ordered before June 13, 2014 shall be governed by the previous provisions.
Article 4 (Transitional Measures concerning Scope of Construction Work Required to Use Recycled Aggregate)
Notwithstanding the amended provisions of Article 5 (1) 1 and 2 and Article 5 (2), construction work ordered before March 1, 2014 shall be governed by the previous provisions.
Article 5 (Transitional Measures concerning Administrative Fines)
The imposition of administrative fines for violations committed before this Decree enters into force shall be governed by the previous provisions.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25456, Jul. 14, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 15, 2014.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 25478, Jul. 16, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 17, 2014.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 27199, May 31, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 2, 2016.
Article 2 (Applicability to Mandatory Use of Recycled Aggregate)
The amended provisions of Article 5 (1) 1 and 10 shall begin to apply to construction work ordered after this Decree enters into force.
Article 3 (Transitional Measures concerning Method for Assessment of Capability to Perform Services)
Notwithstanding Article 10 and attached Table 3, assessment of the capability to perform services of interim treatment business entities conducted in 2016 shall be governed by the previous provisions.
ADDENDA <Presidential Decree No. 27792, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 28, 2017.
Articles 2 through 7 Omitted.
ADDENDUM <Presidential Decree No. 28367, Oct. 17, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28583, Jan. 16, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 18, 2018.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 29950, Jul. 2, 2019>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 29972, Jul. 9, 2019>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 30313, Dec. 31, 2019>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 30542, Mar. 24, 2020>
This Decree shall enter into force on April 17, 2020: Provided, That the amended provisions of Articles 7, 8 and 14 shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 31606, Apr. 6, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 1, 2021.
Article 2 (Applicability to Matters to Be Observed by Construction Waste Disposal Business Entities)
The amended provisions of subparagraph 7 of Article 13 shall also apply to cases where an intermediate processing business entity transports construction waste entrusted before this Decree enters into force after this Decree enters into force.