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ENFORCEMENT DECREE ON THE SPECIAL ACT ON THE INSTALLATION AND OPERATION OF PUBLIC WASTE RESOURCES MANAGEMENT FACILITIES AND RESIDENT SUPPORT

Presidential Decree No. 31746, jun. 8, 2021

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the Special Act on the Installation and Operation of Public Waste Resources Management Facilities and Resident Support and matters necessary for the enforcement thereof.
 Article 2 (Wastes Subject to Public Treatment)
(1) “Wastes ... prescribed by Presidential Decree” in subparagraph 7 (d) of Article 2 of the Special Act on the Installation and Operation of Public Waste Resources Management Facilities and Resident Support (hereinafter referred to as the “Act”) means any of the following:
2. Natural radioactive product wastes under subparagraph 10-2 of attached Table 1 of the Enforcement Decree of the Wastes Control Act;
3. Mercury wastes under subparagraph 11 of attached Table 1 of the Enforcement Decree of the Wastes Control Act;
4. Other wastes deemed and publicly notified by the Minister of Environment as likely to cause harm to public health and property because it is difficult to smoothly treat them due to the lack of waste treatment facilities, etc.
(2) Where intending to publicly notify wastes subject to public treatment pursuant to paragraph (1) 4, the Minister of Environment shall collect the opinions of experts and interested parties and shall consult with relevant institutions, such as an installer/operator under Article 7 (1) of the Act (hereinafter referred to as "management facility installer/operator") and local governments.
CHAPTER II INSTALLATION AND OPERATION OF PUBLIC WASTE RESOURCES MANAGEMENT FACILITIES
 Article 3 (Master Plan for Public Waste Resources Management Facilities)
“Matters prescribed by Presidential Decree” in Article 5 (2) 4 of the Act means matters regarding the support for residents residing in the vicinity of the location of a public waste resources management facility.
 Article 4 (Installation and Operation of Public Waste Resources Management Facilities)
“Entity ... prescribed by Presidential Decree” in Article 6 (1) 3 of the Act means any of the following:
1. Sudokwon Landfill Site Management Corporation established under the Act on the Establishment and Management of Sudokwon Landfill Site Management Corporation;
2. An institution or organization that meets the standards for designation under Article 6 (4) of the Act.
 Article 5 (Formulation and Public Announcement of Plans for Selecting Candidate Locations for Public Waste Resources Management Facilities)
(1) Pursuant to Article 7 (3) of the Act, the Minister of Environment shall make a public announcement of a plan for selecting a candidate location under paragraph (1) of that Article (hereinafter referred to as "candidate location selection plan") in the Official Gazette and on the website of the Ministry of Environment.
(2) “Important matters prescribed by Presidential Decree” in Article 7 (4) of the Act means the following:
1. The types of wastes to be treated and the type of a public waste resources management facility;
2. The volume of wastes to be treated (limited to cases where it increases by at least 30/100);
3. The scale of the public waste resources management facility (limited to cases where it increases by at least 30/100);
4. Methods of selecting a candidate location for the public waste resources management facility.
(3) Where intending to open public bidding for the candidate location for a public waste resources management facility in accordance with the candidate location selection plan, a management facility installer/operator shall make a public announcement of the matters under the subparagraphs of Article 7 (1) of the Act and the following matters on its website:
1. The period of the public bidding;
2. Requirements for the site proposed for installation, such as the site area;
3. Other matters necessary for entering the bidding for the candidate location, such as methods to enter the bidding.
(4) The site proposed for installation of a public waste resources management facility shall be an area falling under Article 7 (5) of the Act and shall meet all of the following requirements:
1. It shall have the minimum site area required for the installation of a public waste resources management facility;
2. Its topography shall not include features unsuitable for the installation of a public waste resource management facility, such as faults.
(5) Documents required for the public bidding process under Article 7 (5) of the Act shall be as follows:
1. Documents proving that all requirements for the site proposed for installation under paragraph (4) are met;
2. Resident consent form (limited to the area under Article 7 (5) 3 of the Act).
(6) A person who intends to participate in the public bidding for selection of a candidate location under Article 7 (5) of the Act shall apply to the management facility installer/operator for the selection of a candidate location in accordance with the public announcement under paragraph (1).
(7) Where a candidate location is selected from among the areas which applied for selection of a candidate location pursuant to paragraph (6), a management facility installer/operator shall, without delay, notify the selection results to the head of the local government and the local council having jurisdiction over the candidate location.
 Article 6 (Public Announcement of Selection of Candidate Locations for Public Waste Resources Management Facilities)
(1) Where a candidate location is selected, a management facility installer/operator shall publicly announce the results including the following matters, pursuant to Article 8 of the Act:
1. The types and volume of the wastes to be treated;
2. The type and scale of the public waste resources management facility;
3. The location (including lot number), land category, and area of the selected candidate location.
(2) A management facility installer/operator shall publicly announce the matters prescribed in the subparagraphs of paragraph (1) by the methods classified as follows:
1. If the management facility installer/operator is the Minister of Environment: Publishing in the Official Gazette and on the website of the Ministry of Environment;
2. If the management facility installer/operator is not the Minister of Environment: Publishing on the website of the relevant institution and in at least one daily newspaper whose main distribution area is a Special Self-Governing City, Special Self-Governing Province, or Si/Gun/Gu (a Gu refers to an autonomous Gu; hereinafter referred to as "Si/Gun/Gu") having jurisdiction over the candidate location.
 Article 7 (Selection of Locations for Public Waste Resources Management Facilities)
(1) The method of composing a location selection committee under Article 9 (1) of the Act (hereinafter referred to as “location selection committee”) shall be as specified in attached Table 1.
(2) “Specialized research institute prescribed by Presidential Decree” in the main clause of Article 9 (2) of the Act means any of the following:
1. National or public research institutes;
2. Government-funded research institutes established under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes;
3. Research institutes funded by local governments;
4. Research institutes governed by the Specific Research Institutes Support Act;
5. Environmental research institutes of schools under Article 2 of the Higher Education Act;
6. Environmental impact assessment business entities registered under Article 54 (1) of the Environmental Impact Assessment Act;
7. Engineering business entities filing a report under Article 21 of the Engineering Industry Promotion Act.
 Article 8 (Determination and Public Notice of Locations for Public Waste Resources Management Facilities)
(1) Pursuant to the former part of Article 10 (1) of the Act, the Minister of Environment shall determine and publicly notify the selection of a location for a public waste resources management facility, including the following matters:
1. The management facility installer/operator;
2. The types and volume of the wastes to be treated;
3. The type and scale of the public waste resources management facility;
4. Location (including lot number), land category, and area.
(2) “Important matters prescribed by Presidential Decree” in the latter part of Article 10 (1) of the Act means the following:
1. The site area of the selected location (limited to cases where it increases by at least 30/100);
2. The type of the public waste resources management facility;
3. The scale of the public waste resources management facility (limited to cases where it increases by at least 30/100);
4. Location of the selected site.
(3) Where the location of a public waste resources management facility is determined and publicly notified pursuant to Article 10 (1) of the Act, a management facility installer/operator shall, without delay, notify such fact to the Minister of Land, Infrastructure and Transport or a person authorized to determine urban or Gun management plans, with the following documents attached:
1. Matters under the subparagraphs of paragraph (1);
2. The date of determination and public notice of the location of the public waste resources management facility;
3. The area by special-purpose area according to the urban or Gun management plan;
4. A topographical map at a scale of at least 1/5,000 indicating the special-purpose areas according to the urban or Gun management plan (in cases of areas without an urban or Gun management plan at a scale of at least 1/5,000, a drawing at a scale of at least 1/25,000);
5. A cadastral map at a scale of 1/1,200 indicating the designated scope (in cases of forests, a forest map at a scale of 1/6,000).
 Article 9 (Support for Residents within Location of Public Waste Resources Management Facilities)
(1) Residents eligible for the support from a management facility installer/operator under Article 11 of the Act shall be any of the following persons who reside within the location of the relevant public waste resources management facility as of the date of the determination and public notice of the location of the public waste resources management facility under Article 10 (1) of the Act:
1. Owners of buildings or land within the location;
2. Owners of unlicensed buildings (including buildings built without reporting) within the location;
3. Tenants of buildings under subparagraph 1 or 2.
(2) Those eligible for support under paragraph (1) 1 who have resided for at least one year and those eligible for support under paragraph (1) 2 and 3 who have resided for at least three years shall be provided with a relocation and settlement subsidy of 10 million won per household and a living stabilization subsidy of two million won per member of the household, but the total living stabilization subsidy per household shall not exceed eight million won.
(3) Those eligible for support under paragraph (1) 1 who have resided for less than one year and those eligible for support under paragraph (1) 2 and 3 who have resided for less than three years shall be provided with funds necessary for the transportation of movables, such as household effects under Article 78 (5) of the Act on Acquisition of and Compensation for Land for Public Works Projects.
(4) Where intending to receive the relocation and settlement subsidy, living stabilization subsidy, or the funds under paragraph (3), a person eligible for support under paragraph (1) shall apply to the management facility installer/operator for the payment at least six months prior to the expected date of relocation.
 Article 10 (Restrictions on Activities within Location of Public Waste Resources Management Facilities)
(1) A person who intends to engage in any activity under the subparagraphs of Article 13 (1) of the Act within the location of a public waste resources management facility under Article 11 of the Act (hereinafter referred to as “public waste resources management facility location”) shall submit to the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or head of a Si/Gun/Gu (a Gu means an autonomous Gu; hereinafter the same shall apply) an application for permission prescribed by Ordinance of the Ministry of Environment pursuant to the former part, with the exception of the subparagraphs, of that paragraph, along with the following documents:
1. A document or business plan describing any activity for which the person intends to obtain permission;
2. A construction implementation plan;
3. A topographical map showing the location of the area for which the person intends to obtain permission.
(2) “Matters prescribed by Presidential Decree” in the latter part, with the exception of the subparagraphs, of Article 13 (1) of the Act means the following:
1. The area of land intended for change of form and quality (limited to cases where it increases by at least 20/100 compared to the permitted area);
2. The gross floor area of a building (limited to cases where it increases by at least 20/100 compared to the permitted gross floor area of a building);
3. The area of the structure (limited to cases where it increases by at least 20/100 compared to the permitted area).
(3) “Division of land or open-air storage of objects prescribed by Presidential Decree” in Article 13 (1) 5 of the Act means the following acts of division or open-air storage:
1. Division of land: Division of land of less than the minimum area under Article 57 of the Building Act;
2. Open-air storage of objects: Open-air storage of objects weighing more than three tons: Provided, that open-air storage of objects of less than five tons, each part of which can be easily divided into up to three tons, shall be excluded.
 Article 11 (Formulation and Approval of Plans to Install Public Waste Resources Management Facilities)
(1) “Matters prescribed by Presidential Decree” in Article 14 (1) 5 of the Act means the following:
1. Relocation plans for residents residing within the location of a public waste resource management facility;
2. Plans to treat wastes, such as incineration ash generated from incineration facilities;
3. If there is a landfill facility within the public waste resources management facility, follow-up management plans for such facility;
5. Results of consultation with heads of adjacent local governments about the selection of location (limited to cases where consultations under Article 9 (6) of the Act have been conducted);
6. Results of resolution regarding the selection of locations by the National Environmental Dispute Resolution Commission under Article 4 of the Environmental Dispute Mediation Act (limited to cases where the mediation of disputes has been conducted pursuant to Article 9 (6) of the Act).
(2) The public announcement of the installation plan under Article 14 (6) of the Act shall follow the methods prescribed in Article 6 (2).
(3) “Important matters prescribed by Presidential Decree” in Article 14 (8) of the Act means the following:
1. The types and volume of the wastes to be treated;
2. The type and scale of the public waste resources management facility (referring to the total scale after obtaining approval pursuant to Article 14 (2) of the Act): Provided, That the same shall not apply where only the scale of the relevant facility is changed and such change is less than 30/100;
3. Location of the public waste resources management facility and the area of the site;
4. The management facility installer/operator;
5. The period for installing the public waste resources management facility;
6. Areas subject to the waste treatment;
7. Relocation measures for residents residing within the location of the public waste resources management facility.
 Article 12 (Charges for Waste Treatment in Public Waste Resources Management Facilities)
(1) A management facility installer/operator shall determine the amount of a waste treatment charge under Article 20 (1) of the Act (hereafter in this Article referred to as “waste treatment charge”), taking into consideration the following expenses:
1. Adequate expenses for waste treatment calculated by type of waste;
2. The unit cost of treatment at a private waste treatment facility;
3. Where the management facility installer/operator directly collects and transports waste, expenses incurred in such collection and transportation;
4. Operating profits under Article 31 (1) of the Act.
(2) If a management facility installer/operator is not the Minister of Environment, it shall consult with the Minister of Environment when determining or changing the amount of the waste treatment charge under paragraph (1).
(3) A management facility installer/operator shall disclose the amount of waste treatment charge determined or changed under paragraphs (1) and (2) on its website.
(4) The waste treatment charge shall be paid by means of a revenue stamp or electronic payment using the information and communications network at the time of bringing the wastes subject to public treatment into a public waste resources management facility.
(5) A management facility installer/operator may reduce the waste treatment charge by up to 10/100 for the wastes subject to public treatment which is brought in from a Si/Gun/Gu where the public waste resources management facility is installed; and paragraphs (2) and (3) shall apply mutatis mutandis to the determination of the scope of reduction and methods of disclosure.
CHAPTER III SHARING OF PROFITS FROM OPERATION OF PUBLIC WASTE RESOURCES MANAGEMENT FACILITIES
 Article 13 (Determination and Public Notice of Affected Adjacent Areas, and Measures for Relocation)
(1) “Period prescribed by Presidential Decree” in Article 27 (1) of the Act means two years.
(2) Pursuant to Article 27 (1) of the Act, a management facility installer/operator shall determine and publicly notify the surrounding areas that are affected by the installation and operation of the public waste resources management facility in terms of their environment and other daily life (hereinafter referred to as "affected adjacent areas"), including the following matters:
1. The name of the public waste resources management facility and the management facility installer/operator;
2. The location (including lot number), scale, and specification of the public waste resources management facility;
3. Expected dates of the start and completion of the installation works for the public waste resources management facility;
4. The scope (including area) of the affected adjacent areas.
(3) Where it is deemed that there is a change in the environmental impact after determining and publicly notifying the affected adjacent areas pursuant to Article 27 (1) of the Act, a management facility installer/operator may adjust and publicly notify the affected adjacent areas.
(4) In order to collect results under Article 27 (2) of the Act, the resident consultation body under Article 28 of the Act (hereinafter referred to as “resident consultation body”) shall select a research institute from among the institutions under the subparagraphs of Article 7 (2) to conduct an investigation into the impacts on the environment and other daily life (hereinafter referred to as “environmental impact investigation”), within 90 days from the date of public announcement of the installation plan for the public waste resources management facility (in cases of delay in the organization of the resident consultation body, referring to 30 days from the date of its organization); and shall notify the management facility installer/operator of the result.
(5) Where notified of the result of the selection of the research institute under paragraph (4), the management facility installer/operator shall have the relevant research institute conduct an environmental impact investigation, collect the results of the survey, notify the resident consultation body thereof, and consult with the resident consultation body on matters related to the determination of the affected adjacent areas.
(6) The scope of the areas benefiting from the fund under Article 27 (3) 2 of the Act (hereinafter referred to as "areas benefiting from the fund") shall be as follows:
1. An area within two kilometers of the site boundary of a waste landfill facility;
2. An area within 300 meters of the site boundary of any other waste treatment facility than a waste landfill facility;
3. Areas other than those prescribed in subparagraphs 1 and 2 which are, based on the results of the environmental impact investigation, deemed by the management facility installer/operator upon consultation with the Minister of Environment as necessary to be included as the areas benefiting from the fund.
(7) A person who intends to request the purchase of land, building, etc. pursuant to the former part of Article 27 (5) of the Act shall submit to the relevant management facility installer/operator a written purchase request prescribed by Ordinance of the Ministry of Environment, along with the following documents:
1. Documents indicating the location and area of the land subject to the purchase request, such as a certified copy of land register;
2. Documents proving that the land subject to the purchase request is of one's own.
(8) A management facility installer/operator shall use the land purchased under Article 27 (5) of the Act for any of the following purposes:
1. Installation of measurement facilities to measure environmental pollution caused by the operation of the public waste resources management facility;
2. Installation of facilities for dust and sound insulation of the public waste resources management facility;
3. Installation of facilities for access to the public waste resources management facility, such as access roads;
4. Installation of convenience facilities for the relevant local residents under Article 32 (1) of the Act (hereinafter referred to as “convenience facilities for residents”);
5. Creation of green areas to prevent pollution, such as air pollution, noise, and odors in the area where the public waste resources management facility is installed.
 Article 14 (Composition and Operation of Resident Consultation Body)
(1) The method of composition of a resident consultation body shall be as specified in attached Table 2.
(2) A meeting of the resident consultation body shall be convened upon request of at least 1/3 of the incumbent members or if deemed necessary by the chairperson of the resident consultation body (hereinafter referred to as "chairperson"); and the chairperson shall preside over the meeting.
(3) Any decision of the resident consultation body shall require the attendance of at least 2/3 of the members and the concurring vote of a majority of those present.
(4) Except as provided in paragraphs (2) and (3), matters necessary for the operation of the resident consultation body shall be determined by the chairperson after a resolution of the resident consultation body.
 Article 15 (Those Entitled to Receive Operating Profits in Areas Benefiting from Fund)
(1) Those entitled to receive the operating profits paid under Article 29 (4) of the Act (hereafter in this Article referred to as “funds distributed in areas benefiting from the fund”) shall be any of the following persons residing or staying in the areas benefiting from the fund:
1. An inhabitant under Article 6 (1) 1 of the Resident Registration Act whose address has been registered in an area benefiting from the fund for at least six consecutive months from the date of determination and public notice of the location of the public waste resources management facility;
2. An immigrant through marriage under subparagraph 3 of Article 2 of the Framework Act on Treatment of Foreigners Residing in the Republic of Korea or a person with the status of permanent residency under subparagraph 2 of Article 10 of the Immigration Act who has been registered as a foreigner in an area benefiting from the fund for at least six consecutive months under Article 31 of that Act as of the date of determination and public notice of the location of the public waste resources management facility;
3. A person who was residing in an area subject to relocation under Article 27 (3) 1 of the Act at the time of the determination and public notice of the location of the public waste resources management facility and then moved to an area benefiting from the fund, whose address is registered or who is registered as a foreigner in an area benefiting from the fund.
(2) The funds distributed in areas benefiting from the fund shall be paid to each household according to the number of household members falling under the subparagraphs of paragraph (1).
(3) Where determining detailed matters, such as the amount for each person entitled to receive funds distributed in areas benefiting from the fund, a management facility installer/operator shall consider the method of distribution of operating profits under Article 17, the number of residents residing or staying in the areas benefiting from the fund, etc.
(4) A management facility installer/operator shall determine matters under paragraph (3) in consultation with the Minister of Environment and shall publicly announce it in the manner prescribed in Article 6 (2).
 Article 16 (Resident Investment and Profit Sharing)
(1) "Neighboring Special Self-Governing City or Eup/Myeon/Dong of Si/Gun/Gu prescribed by Presidential Decree" in Article 30 (1) of the Act means the following:
1. A Special Self-Governing City or Eup/Myeon/Dong of Si/Gun/Gu that contains an area benefiting from the fund;
2. An Eup/Myeon/Dong other than those under subparagraph 1 which is located within five kilometers from the site boundary of a public waste resources management facility;
3. Any other Special Self-Governing City or Eup/Myeon/Dong of Si/Gun/Gu adjacent to the location of a public waste resources management facility which is publicly announced by the management facility installer/operator in consultation with the Minister of Environment because it is necessary to expand the investment participation area under Article 30 (1) of the Act (hereinafter referred to as "investment participation area") due to low investment by residents.
(2) A management facility installer/operator may raise investment funds for a public waste resources management facility installation project from residents residing in the investment participation area in the following ways:
1. Issuance of stocks or bonds;
2. Other methods deemed by the Minister of Environment as necessary for raising investment funds.
(3) The limit of investment funds under paragraph (2) shall be determined by the management facility installer/operator within the scope classified as follows:
1. Total investment limit: Up to 10/100 of the installation cost of a public waste resources management facility (excluding the amount appropriated by the special fund for residents under Article 29 (1) of the Act);
2. Limit by investor: Up to 30 million won per household.
(4) A management facility installer/operator shall return the investment funds where a reason for return occurs, such as the expiration of the investment period.
 Article 17 (Distribution of Operating Profits)
The method of calculation and distribution of operating profits, the limit of distribution, and the accumulation, management, and use of reserves under Article 31 (1) of the Act shall be as specified in attached Table 3.
 Article 18 (Support for Residents in Areas Where Public Waste Resources Management Facilities Are Installed)
(1) Article 27 (1) of the Enforcement Decree of the Promotion of Installation of Waste Disposal Facilities and Assistance to Adjacent Areas Act shall apply mutatis mutandis to subsidies under Article 31 (1) 4 of the Act (hereinafter referred to as "subsidy") used by a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu having jurisdiction over the location of a public waste resources management facility (hereinafter referred to as “head of the competent local government”). In such cases, “agencies installing waste disposal facilities” shall be construed as “head of the competent local government”, “residents support fund” as “subsidy”, and “Support Consultative Body” as “resident consultation body”.
(2) The head of the competent local government may, in consultation with the resident consultation body, reduce or exempt fees for using convenience facilities for residents residing in the affected adjacent areas, as prescribed by municipal ordinance.
(3) The head of the competent local government shall set up a separate account at a bank or post office under the Banking Act to operate and manage the subsidy.
(4) The head of the competent local government may use the subsidy for the following purposes within the limit of 5/100 of the total amount:
1. Expenses necessary for collecting opinions from residents and operating a resident consultation body;
2. Covering the deficit in operating expenses for convenience facilities for residents caused by the reduction of or exemption from fees in cases of reducing or exempting fees for using the convenience facilities for residents residing in the affected adjacent areas pursuant to paragraph (2) (limited to cases where consultation is completed with the resident consultation body).
(5) The head of the competent local government shall disclose the results of the creation and use of the subsidy by posting it on the website of the relevant local government.
CHAPTER IV OPERATION AND MANAGEMENT OF ECO-FRIENDLY PUBLIC WASTE RESOURCES MANAGEMENT FACILITIES
 Article 19 (Surveillance by Local Residents)
(1) The qualifications for and number of resident monitors under Article 34 (1) of the Act (hereinafter referred to as “resident monitor”) shall be as specified in attached Table 4.
(2) The scope of activities of resident monitors shall be as follows:
1. Confirming whether wastes subject to public treatment are properly brought in;
2. Confirming whether the brought-in wastes subject to public treatment are treated appropriately.
 Article 20 (Improving Environmental Management and Securing Transparency in Operations)
(1) Where measuring pollutants pursuant to Article 35 (2) of the Act, a management facility installer/operator shall comply with the following classifications:
1. Where the public waste resources management facility is a waste landfill facility: Measuring pollutants pursuant to Article 31 (2) of the Wastes Control Act;
2. Where the public waste resources management facility is any other waste treatment facility that is an air pollutant discharge facility: Measuring pollutants pursuant to Article 39 of the Clean Air Conservation Act.
(2) Where investigating environmental impacts on affected adjacent areas under Article 35 (4) of the Act, a management facility installer/operator shall, in consultation with the resident consultation body, select an investigation agency from among the specialized research institutes prescribed in the subparagraphs of Article 7 (2) to have it conduct the investigation.
(3) The frequency and method of the environmental impact investigation under paragraph (2) shall be determined and publicly notified by the Minister of Environment according to the type and scale of the public waste resources management facility.
(4) A management facility installer/operator shall publicly announce the pollutant measurement results under paragraph (1) and the environmental impact investigation results under paragraph (2) by the method prescribed in Article 6 (2), and shall prepare relevant documents to ensure that the relevant local residents can read them for at least 30 days (excluding Saturdays and holidays under the Regulations on Holidays of Government Offices).
(5) A management facility installer/operator shall record the pollutant measurement results under paragraph (1) and preserve them until the end of operation of the public waste resources management facility.
 Article 21 (Requests for Resident Support Measures)
A management facility installer/operator may implement the resident support measures under Article 36 (1) 2 of the Act by entrusting them to any of the following:
1. A resident consultation body;
2. Social cooperatives under subparagraph 3 of Article 2 of the Framework Act on Cooperatives or social enterprises under subparagraph 1 of Article 2 of the Social Enterprise Promotion Act (limited to social cooperatives or social enterprises composed of the residents of areas adjacent to public waste resources management facilities).
 Article 22 (Purchase of Waste Treatment Facilities)
(1) “Reasons prescribed by Presidential Decree, such as the suspension or closure of his or her business” in Article 38 (1) of the Act means any of the following reasons that preclude the normal operation of waste treatment facilities:
1. Suspension or closure of business;
2. Revocation of permission;
3. Commencement of bankruptcy or rehabilitation procedures.
(2) A person who intends to request the purchase of a waste treatment facility and installations and land attached thereto under Article 38 (1) of the Act (hereinafter referred to as “waste treatment facility, etc.”) shall submit to the Minister of Environment a written purchase request prescribed by Ordinance of the Ministry of Environment, along with the following documents:
1. Documents proving the lot number, land category, area, status of use, status of established rights, and the ownership of the waste treatment facility, etc., such as the land cadastre or building ledger, a land or building registration certificate, and a written confirmation of land use plans;
2. Documents verifying the current status of the waste treatment facility, such as a permit for waste treatment business.
(3) Upon receipt of a request for purchase of a waste treatment facility, etc. under paragraph (2), the Minister of Environment shall conduct a technical diagnosis on the waste treatment facility, etc. to determine whether to purchase and the purchase price and shall notify the requester thereof.
(4) The purchase price of the waste treatment facility, etc. under paragraph (3) shall be the amount evaluated based on the officially announced price under the Act on the Public Announcement of Real Estate Values, taking into consideration the location, shape, environment, status of use, etc.; and shall be the arithmetic average of the amounts calculated by at least two appraisal corporations, etc. (referring to an appraisal corporation, etc. under subparagraph 4 of Article 2 of the Act on Appraisal and Certified Appraisers).
(5) “Purposes of use prescribed by Presidential Decree” in Article 38 (2) of the Act means the purposes prescribed in the subparagraphs of Article 13 (8).
CHAPTER V SUPPLEMENTARY PROVISIONS
 Article 23 (Entrustment of Affairs)
(1) “Person prescribed by Presidential Decree” in Article 39 of the Act means any of the following:
1. An institution or organization falling under any subparagraph of Article 6 (1) of the Act;
2. A person who has designed or constructed the relevant public waste resources management facility (limited to cases where the operation of the relevant facility is entrusted).
(2) Where entrusting any person under paragraph (1) with part of the affairs related to the management and operation of the public waste resources management facility, the Minister of Environment shall publicly notify the entrusted institution and the details of the entrusted affairs.
 Article 24 (Processing of Personally Identifiable Information)
Where it is unavoidable to perform the following affairs, the Minister of Environment or a management facility installer/operator may process data containing resident registration numbers under subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act:
1. Purchasing the land, building, etc. under Article 27 (5) of the Act;
2. Purchasing a waste treatment facility under Article 22.
ADDENDUM <Presidential Decree No. 31746, Jun. 8, 2021>
This Decree shall enter into force on June 10, 2021: Provided, That Article 2 (1) 3 shall enter into force on July 22, 2021, and Article 2 (1) 2 shall enter into force on September 10, 2021.