ACT ON THE PROMOTION OF SAVING AND RECYCLING OF RESOURCES
Wholly Amended by Act No. 6653, Feb. 4, 2002
Amended by Act No. 7023, Dec. 30, 2003
Act No. 7021, Dec. 30, 2003
Act No. 7296, Dec. 31, 2004
Act No. 7464, Mar. 31, 2005
Act No. 7778, Dec. 29, 2005
Act No. 7864, Mar. 3, 2006
Act No. 8852, Feb. 29, 2008
Act No. 8957, Mar. 21, 2008
Act No. 8948, Mar. 21, 2008
Act No. 9584, Apr. 1, 2009
Act No. 9685, May 21, 2009
Act No. 10389, Jul. 23, 2010
Act No. 10615, Apr. 28, 2011
Act No. 10893, Jul. 21, 2011
Act No. 11262, Feb. 1, 2012
Act No. 11690, Mar. 23, 2013
Act No. 11788, May 22, 2013
Act No. 12076, Aug. 13, 2013
Act No. 12319, Jan. 21, 2014
Act No. 13036, Jan. 20, 2015
Act No. 14230, May 29, 2016
Act No. 14532, Jan. 17, 2017
Act No. 15101, Nov. 28, 2017
Act No. 16083, Dec. 24, 2018
Act No. 16611, Nov. 26, 2019
Act No. 17326, May 26, 2020
Act No. 17426, jun. 9, 2020
Act No. 17847, Jan. 5, 2021
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the preservation of the environment and sound development of the national economy by facilitating the use of recycled resources by means of controlling the generation of wastes and facilitating recycling.
[This Article Wholly Amended on Mar. 21, 2008]
The terms used in this Act are defined as follows: <Amended on Jul. 23, 2010; Apr. 28. 2011; Jan. 21, 2014>
| 1. | Deleted; <Nov. 28, 2017> |
| 2. | The term "recyclable resources" means products or by-products collected after being disposed of in an used or unused state, which are reusable or reusable after reconditioning (including recoverable energy and waste heat, but excluding radioactive substances and substances contaminated by radioactive substances); |
| 3. | The term "by-products" means things produced incidentally in the processes of manufacturing, processing, repairing or selling products, supplying energy, or performing civil and construction works; |
| 4. | The term "designated by-products" means by-products prescribed by Presidential Decree, full or partial recycling of which is particularly necessary for efficiently using such resources; |
| 6. | The term "reuse" means re-using recyclable resources as they are or after repairing or making them re-usable for production activities; |
| 7. | The term "use after regeneration" means fully or partially re-using recyclable resources as raw materials or making them re-usable; |
| 8. | The term "energy recovery" means recovering energy from recyclable resources in accordance with the standards referred to in subparagraph 7 of Article 2 of the Wastes Control Act (hereinafter referred to as "standards for energy recovery") or converting them into energy-recoverable substances; |
| 8-2. | The term "waste-to-energy" means energy recovered from wastes, such as solid fuels and syngas from wastes, or converted materials from which energy can be recovered, which are prescribed by Ordinance of the Ministry of Environment; |
| 9. | The term "recycled products" means products prescribed by Ordinance of the Ministry of Environment, which are produced by using recyclable resources; |
| 10. | The term "recycling facilities" means installations, equipment, facilities, etc. prescribed by Ordinance of the Ministry of Environment, which are used to manufacture, process, assemble, repair, collect, transport, and keep recyclable resources or recycled products; |
| 11. | The term "recycling industries" means industries prescribed by Presidential Decree, which manufacture, process, assemble, repair, collect, transport, and keep recyclable resources or recycled products, or conduct the research and development of recycling technology; |
| 13. | The term "bulky wastes" means wastes prescribed by Presidential Decree, which are separately measurable and the name of the article is identifiable, such as furniture and household electric appliances discharged from homes, workplaces, etc.; |
| 14. | The term "packing materials" means materials, containers, etc. used to pack products for protecting their value and condition, and preserving their quality in the processes of transportation, keeping, handling, and use; |
| 15. | The term "disposable products" means products prescribed by Presidential Decree, which are designed to be used once for the same purpose; |
| 17. | The term "products subject to improvement of the quality of materials and structure" means products prescribed by Presidential Decree, the full or partial recycling of which is particularly necessary for efficiently using such resources as they are collected after being disposed of in a used or unused state, and the structure or quality of materials of which needs to be improved to make the products easily recyclable. |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 2-2 Deleted. <Nov. 28, 2017> |
| Article 3 (Relationship to Other Statutes) |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 4 Deleted. <Nov. 28, 2017> |
| Article 5 Deleted. <Nov. 28, 2017> |
| Article 6 Deleted. <Nov. 28, 2017> |
| Article 7 Deleted. <Nov. 28, 2017> |
CHAPTER II FACILITATION OF SAVING AND RECYCLING OF RESOURCES
SECTION 1 Saving of Resources, Control of Generation of Wastes
| Article 8 (Saving of Resources) |
| (1) | The Government may recommend matters necessary for the saving of resources, control of generation of wastes and recycling of wastes to producers and consumers or guide them. |
| (2) | The ministers of competent ministries may request the heads of the relevant central administrative agencies to cooperate in the dissemination of equipment and technology for saving of resources and control of generation of wastes. |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 8-2 Deleted. <Nov. 28, 2017> |
| Article 9 (Control of Generation of Packing Wastes) |
| (1) | A person who manufactures, imports or sells products (hereinafter referred to as “manufacturer, etc.") shall comply with any of the following matters to control the generation of packing wastes of the products prescribed by Presidential Decree and to facilitate the recycling of packing wastes: <Amended on Nov. 28, 2017> |
| 1. | Standards for the quality of packing materials and packing methods(referring to the rate of a packing space and the number of packing; hereinafter the same shall apply); |
| 2. | Standards for annual reduction of packing materials made of synthetic resin (excluding products made of biodegradable resin; hereafter in this Article the same shall apply). |
| (2) | The Minister of Environment shall establish detailed standards for the quality of packing materials of products, packing methods and standards for annual reduction of packing materials made of synthetic resin under paragraph (1), by Ordinance of the Ministry of Environment, in consultation with the competent minister. |
| (3) | The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) may order a manufacturer, etc. found to have violated standards referred to in paragraphs (1) and (2) as a result of a measurement in the simplified measurement method publicly notified by the Minister of Environment, to undergo an inspection on the packing method of products and the quality of packing materials, by a specialized institute prescribed by Ordinance of the Ministry of Environment, within a period set by Ordinance of the Ministry of Environment. <Amended on Jan. 21, 2014; Nov. 28, 2017> |
| (4) | The Minister of Environment shall advise manufacturers, etc. to indicate the packing method and the quality of packing materials on the surface of packing, as prescribed by Ordinance of the Ministry of Environment. |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 9-2 (Standards for Quality and Structure of Packing Materials) |
The Minister of Environment shall determine and publicly notify the standards for the quality, structure, and ease of recycling of packing materials, to ease the recycling of such materials, and producers obligated to recycle packing materials under Article 16 (1) shall comply with such standards. <Amended on Dec. 24, 2018> [This Article Newly Inserted on May 22, 2013]
[Title Amended on Dec. 24, 2018]
| Article 9-3 (Evaluation of Quality and Structure of Packing Materials) |
| (1) | The Minister of Environment shall prepare the standards for evaluating the quality, structure, and ease of recycling of packing materials (hereinafter referred to as “evaluation of the quality and structure of packing materials”). |
| (2) | A producer obligated to recycle packing materials under Article 16 (1) shall undergo the evaluation of the quality and structure of packing materials if he or she has manufactured or imported such packing materials or if he or she sells products using the packing materials manufactured or imported, as prescribed by Ordinance of the Ministry of Environment. |
| (3) | A producer obligated to recycle packing materials under Article 16 (1) shall mark the evaluation result of the quality and structure of packing materials under paragraph (2) on the surface of the packing materials, as prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Dec. 24, 2018]
| Article 9-4 (Order for Improvement and Order for Suspension of Manufacture, Import, and Sale) |
| (1) | The Minister of Environment may order a producer obligated to recycle packing materials under Article 16 (1) who manufactures or imports packing materials in violation of the standards under Article 9-2 or sells products using the packing materials so manufactured or imported to take measures necessary to meet the standards for the quality, structure, and ease of recycling of such packing materials, specifying a period not exceeding one year, as prescribed by Ordinance of the Ministry of Environment: Provided, That when there is a reason that prevents the improvement of packing materials within one year, such as a request of the producer obligated to recycle packing materials under Article 16 (1) or the head of the relevant administrative agency for an extension of the improvement period due to an inevitable change in the manufacturing process, the improvement period may be determined separately. |
| (2) | If a person who has received an order under paragraph (1) fails to comply therewith, the Minister of Environment may order him or her to suspend the manufacture, import, or sale of the relevant packing materials and products, as prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Dec. 24, 2018]
| Article 9-5 (Penalty Surcharges in Lieu of Suspension Orders) |
| (1) | If deemed that an order to suspend the manufacture, import and sale of packing materials and products is to be issued pursuant to Article 9-4 (2), but the manufacture, import, or sale thereof are inevitable, the Minister of Environment may impose a penalty surcharge not exceeding one billion won in lieu of the suspension of manufacture, import, or sale, as prescribed by Presidential Decree. |
| (2) | If a person on whom a penalty surcharge is imposed pursuant to paragraph (1) fails to pay the penalty surcharge, the Minister of Environment shall collect it in the same manner as delinquent national taxes are collected. |
| (3) | ?A penalty surcharge collected in accordance with paragraphs (1) and (2) shall be accounted as the revenue of the Special Account for Environmental Improvement. |
[This Article Newly Inserted on Dec. 24, 2018]
| Article 10 (Control of Use of Disposable Products) |
| (1) | A business entity who runs any of the following facilities or types of business shall control the use of disposable products and shall not provide disposable products free of charge: Provided, that disposable products made of biodegradable resin may be provided free of charge: <Amended on Aug. 13, 2013> |
| 6. | Other facilities or types of business prescribed by Presidential Decree, in which the use of disposable products needs to be controlled. |
| (2) | Notwithstanding the main clause of paragraph (1), disposable products may be used or provided free of charge in any of the following cases: <Newly Inserted on Aug. 13, 2013> |
| 1. | Where foods are provided, sold or delivered to customers for consumption at places other than meal service facilities or food service business places; |
| 2. | Where foods are sold through vending machines; |
| 3. | Where foods are provided to condolers attending funeral rites (excluding cases where foods are provided at places equipped with cooking facilities and washing facilities as prescribed by Presidential Decree); |
| 4. | Other cases prescribed by Presidential Decree. |
| (3) | Disposable products that business entities running the facilities or types of business referred to in paragraph (1) shall refrain from using and shall not provide free of charge, and detailed matters to be observed shall be prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Aug. 13, 2013> |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 10-2 (Usage of Sales Proceeds of Disposable Plastic Bags or Paper Bags) |
A business entity who sells disposable plastic bags or paper bags pursuant to Article 10 shall endeavor to use the sales proceeds for any of the following purposes: <Amended on Aug. 13, 2013; Jan. 5, 2021> | 1. | Cash refunds for customers who return used disposable bags or shopping bags; |
| 2. | Cash discounts for customers who use shopping baskets; |
| 3. | Producing and supplying shopping baskets; |
| 4. | Promotion of the control of the use of disposable products; |
| 5. | Making up for losses incurred from cash refunds and cash discounts which have totaled more than the proceeds of disposable bags or shopping bags sold during the preceding year; |
| 6. | Other activities prescribed by Ordinance of the Ministry of Environment for the environmental conservation. |
[This Article Newly Inserted on May 11, 2007]
| Article 11 (Consideration of Resource Circulation in Development Projects) |
| (1) | The Government shall devise measures necessary to enable the operator of a development project (referring to projects prescribed by Presidential Decree, such as urban development projects defined in Article 2 (1) 2 of the Urban Development Act; hereinafter the same shall apply) to facilitate resource circulation defined in subparagraph 1 of Article 2 of the Framework Act on Resources Circulation (hereafter in this paragraph referred to as "resource circulation") prior to implementing the development project, considering the following: <Amended on Nov. 28, 2017> |
| 1. | Selection of structures and materials to facilitate the resource circulation at the time of planning and designing such development project; |
| 2. | Use of recycled aggregates at the time of performing such development project; |
| 3. | Recycling and proper treatment of wastes generated by such development project. |
| (2) | The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may advise business entities who construct multi-family housing or accommodation facilities defined in Article 2 (2) 2 or 15 of the Building Act to furnish storage spaces, such as built-in closets, or built-in furniture or fixtures to control the generation of wastes. <Amended on Jan. 21, 2014> |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 12 (Waste Charges) |
| (1) | In order to control the generation of wastes and prevent the waste of resources, the Minister of Environment shall impose and collect charges to cover expenses incurred in treating wastes of products, materials, and containers prescribed by Presidential Decree, which contain any of the following substances or which are difficult to be recycled or likely to cause problems in waste management, on and from a manufacturer (referring to an orderer, in cases of products, materials, or containers manufactured through the method of original equipment manufacturing) or an importer thereof: <Amended on Feb. 1, 2012; Aug. 13, 2013; Jan. 17, 2017; May 26, 2020> |
| (2) | Notwithstanding paragraph (1), the expenses incurred in treating wastes generated from any of the following shall not be imposed. In such cases, a manufacturer or an importer shall attest to the following matters, as prescribed by Ordinance of the Ministry of Environment: <Newly Inserted on Feb. 1, 2012; Nov. 26, 2019> |
| 1. | Products, packing materials and products made of biodegradable resin provided for in Article 16; |
| 2. | Products, materials or containers made of plastics, which can be recovered and recycled at not less than a percentage prescribed by Presidential Decree, and the products, materials and containers manufactured or imported by a manufacturer or an importer who concluded a voluntary agreement (the duration of the agreement shall not exceed five years) with the Minister of Environment for the recovery and recycling and has fulfilled such agreement; |
| 3. | Other products, materials and containers prescribed by Presidential Decree. |
| (3) | The amount of expenses to be paid by a manufacturer or an importer under paragraph (1) (hereinafter referred to as "waste charges") shall be calculated in accordance with the standards prescribed by Presidential Decree in consideration of the types and sizes of wastes by item, the timing of and procedures for the payment of waste charges, and other necessary matters shall be prescribed by Presidential Decree. <Amended on Feb. 1, 2012; Aug. 13, 2013> |
| (4) | If a person liable to pay waste charges fails to pay them by the payment deadline, the Minister of Environment shall urge him or her to make the payment within at least 30 days. In such case, additional charges shall be imposed in accordance with the following classifications: <Amended on Feb. 1, 2012; Aug. 13, 2013; Nov. 26, 2019; May 26, 2020> |
| 1. | Where the payment is made within one week after the payment deadline: The amount equivalent to 1/100 of the waste charges in arrears; |
| 2. | Where the payment is made after one week after the payment deadline: The amount equivalent to 3/100 of the waste charges in arrears. |
| (5) | Where a person urged to make a payment under paragraph (3) fails to pay waste charges or additional charges by the deadlines thereof, the waste charges or additional dues shall be collected in the same manner as delinquent national taxes are collected. <Amended on Feb. 1, 2012> |
| (6) | The waste charges and additional charges referred to in paragraph (3) shall be the revenue of the Special Account for Environment Improvement under the Framework Act on Environmental Policy. <Amended on Jul. 21, 2011; Feb. 1, 2012> |
| (7) | Where the Minister of Environment entrusts the task of collecting waste charges and additional charges to a relevant specialized institution, such as the Korea Environment Corporation (hereinafter referred to as the "Corporation") established under the Korea Environment Corporation Act pursuant to Article 38 (2), the Minister may grant some of the collected waste charges and additional charges to such institution as collection subsidies, as prescribed by Presidential Decree. <Amended on Feb. 6, 2009; Feb. 1, 2012> |
| (8) | A person liable to pay waste charges shall submit data on the outbound shipping or import volume of products, materials, and containers to the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Nov. 26, 2019> |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 12-2 (Deferment of Collection and Installment Payment of Waste Charges) |
| (1) | If the Minister of Environment deems a person liable to pay waste charges is unable to pay them by the payment deadline due to any of the following causes, he or she may defer the collection thereof or have them paid in installment, as prescribed by Presidential Decree: |
| 1. | Where a grave loss has been incurred to the property of a manufacturer or an importer due to a natural disaster or any other catastrophe; |
| 2. | Where the person is in a serious managerial crisis due to business losses; |
| 3. | Other cases where the deferment of payment or installment payment is deemed inevitable due to a cause similar to that referred to in subparagraph 1 or 2. |
| (2) | If waste charges calculated under Article 12 (3) are below an amount prescribed by Presidential Decree, the Minister of Environment may not collect them. |
| (3) | If a person liable to pay waste charges falls under any of the following cases, the Minister of Environment may collect the waste charges already imposed, even before the payment deadline thereof arrives: |
| 1. | Where he or she receives a disposition on default of a national tax, local tax, or other public dues; |
| 2. | Where he or she is forced to comply with compulsory execution; |
| 3. | Where he or she is declared bankrupt; |
| 4. | Where an auction is commenced; |
| 5. | Where the corporation is dissolved; |
| 6. | Where he or she is deemed to have committed an act to evade the waste charge. |
| (4) | If the Minister of Environment intends to collect waste charges before the payment deadline under paragraph (3), he or she shall fix a new payment deadline as prescribed by Presidential Decree and notify the manufacturer or importer of the purport, change of the payment deadline, etc. |
[This Article Newly Inserted on Aug. 13, 2013]
[Previous Article 12-2 moved to Article 12-3 <Aug. 13, 2013>]
SECTION 2 Facilitation of Separate Collection and Reuse of Wastes
| Article 12-3 (Separate Storage by Waste Dischargers) |
| (1) | The owners, occupants, or managers of land or buildings prescribed by Presidential Decree, who discharge wastes (hereinafter referred to as "waste dischargers"), shall recycle recyclable wastes discharged from such land or buildings in accordance with the criteria prescribed by Ordinance of the Ministry of Environment or store them separately by kind, character, and condition to them to be recycled. |
| (2) | The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, and the head of a Si/Gun/Gu may order a waste discharger who fails to observe the criteria referred to in paragraph (1) to take necessary measures, as prescribed by Ordinance of the Ministry of Environment. <Amended on Jan. 21, 2014> |
[This Article Newly Inserted on Mar. 21, 2008]
[Moved from Article 12-2 <Aug. 13, 2013>]
| Article 13 (Separate Collection of Recyclable Resources) |
| (1) | The Minister of Environment may establish guidelines for classification, storage, collection, etc. to separately collect recyclable resources in consideration of the quantity of wastes generated, and conditions of recycling in order to efficiently utilize recyclable resources. |
| (2) | The Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, and Do Governors shall provide assistance to local governments under their jurisdiction for the efficient separate collection of wastes, and the Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, Do Governors, and the Special Self-Governing Province Governor shall inspect the quantity of recyclable resources generated, the quantity of recyclable resources separately collected, etc. each year in accordance with guidelines set by the Minister of Environment and publish the outcomes thereof. <Amended on Jan. 21, 2014> |
| (3) | The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, and the head of a Si/Gun/Gu shall take measures necessary for separate collection in consideration of regional circumstances, such as installing facilities or containers to store recyclable resources in accordance with the guidelines referred to in paragraph (1). <Amended on Jan. 21, 2014> |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 13-2 (Establishment and Operation of Recycling Centers) |
| (1) | The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, and the head of a Si/Gun/Gu shall establish and operate facilities necessary to facilitate the exchange of second-hand products and recycling of reusable bulky wastes (hereafter in this Article referred to as "recycling center"). <Amended on Jan. 21, 2014> |
| (2) | The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, and the head of a Si/Gun/Gu shall establish at least one recycling center in the Special Self-Governing City, Special Self-Governing Province, and Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply), and an additional recycling center shall be established and operated whenever the population thereof exceeds 200,000 persons. <Amended on Jan. 21, 2014> |
| (3) | The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, and the head of a Si/Gun/Gu shall utilize recycling centers preferentially when collecting, sorting, and treating bulky wastes. <Amended on Jan. 21, 2014> |
| (4) | Where a person, other than the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, and the head of a Si/Gun/Gu, establishes and operates a recycling center, he or she shall notify the Mayor of the competent Special Self-Governing City, the Governor of the competent Special Self-Governing Province, or the head of the relevant Si/Gun/Gu of such fact. <Amended on Jan. 21, 2014> |
| (5) | The Minister of Environment may provide persons who establish and operate recycling centers under paragraphs (1) through (4) with financial and technical support. |
| (6) | The establishment of recycling centers, standards for facilities, and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 13-3 (Establishment of Special Accounts for Management of Recyclable Resources) |
| (1) | In order to secure financial resources necessary to recover recyclable resources and to efficiently administer and manage such financial resources, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may establish a special account for the management of recyclable resources (hereinafter referred to as "special account"). <Amended on Jan. 21, 2014> |
| (2) | Revenues of the special account shall be as follows: <Amended on Nov. 26, 2019> |
| 1. | Proceeds from sales of recyclable resources collected by local governments to support centers for distribution of recyclable resources under Article 28-2; |
| 2. | Proceeds from sales by recycling centers under Article 13-2; |
| 3. | Administrative fines imposed under Article 41 (3); |
| 4. | Money transferred from general accounts or other special accounts; |
| 5. | Profits generated from the management of the funds referred to in subparagraphs 1 through 4 and other proceeds related to recyclable resources. |
| (3) | Expenditures of the special account shall be as follows: |
| 3. | Subsidization of expenses incurred in installing facilities or containers to store recyclable resources under Article 13 (3); |
| 4. | Other support for projects improving the recovery systems of recyclable resources. |
[This Article Newly Inserted on May 22, 2013]
| Article 14 (Separate Discharge Mark) |
A manufacturer, etc. of products and packing materials prescribed by Presidential Decree, for which it is necessary to put a separate collection mark for the facilitation of recycling of wastes shall put a separate discharge mark on such products and packing materials in accordance with the guidelines determined and publicly notified by the Minister of Environment.
[This Article Wholly Amended on Mar. 21, 2008]
| Article 15 (Facilitation of Reuse of Parts) |
| (1) | A manufacturer, etc. of products shall, when distributed products have become wastes, endeavor to recover such products or parts to use them for the manufacture of new products or make them reusable. |
| (2) | The government shall take necessary measures, such as the provision of technical assistance to enable manufacturers, etc. to achieve the objectives under paragraph (1). |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 15-2 (Facilitation of Resource Circulation of Empty Containers and Disposable Cups) |
| (1) | In order to facilitate the recovery, reuse, recycling, etc. of containers and disposable cups (hereinafter referred to as "containers, etc."), an amount of money apart from the outbound shipping, import, or sale price (hereinafter referred to as "resource circulation deposit") shall be included in the price of products, in cases falling under the following subparagraphs: Provided, That in cases falling under subparagraph 1, the relevant manufacturer or importer may determine whether to include a resource circulation deposit in the price of products. <Amended on Jun. 9, 2020> |
| 1. | Where a manufacturer or an importer manufactures or imports products prescribed by Presidential Decree by using a reusable container prescribed by Presidential Decree; |
| 2. | Where a business entity that generates a large quantity of disposable cups and falls under the business type and scale prescribed by Presidential Decree sells products prescribed by Presidential Decree by using disposable cups. |
| (2) | In order to facilitate the reuse or recycling of containers, etc., the Minister of Environment may designate containers, etc. that can be commonly used because of their unified standards (hereinafter referred to as "standard container") among containers, etc. used in products under paragraph (1), and the manufacturers or importers that intend to use the standard containers in products shall file for registration of them, as prescribed by Ordinance of the Ministry of Environment. <Amended on Jan. 20, 2015; Jun. 9, 2020> |
| (3) | A person who manufactures or imports products, the price of which includes a resource circulation deposit pursuant to paragraph (1) 1, and a seller under paragraph (1) 2 (hereinafter referred to as "business entity subject to security deposit") shall return the resource circulation deposit to a person who returns containers, etc. In such cases, the amount of resource circulation deposit shall be prescribed by Ordinance of the Ministry of Environment, taking into account the manufacturing cost of containers, etc., the circulation and use of resources, etc. <Amended on Jun. 9, 2020> |
| (4) | A business entity subject to security deposit shall pay the following expenses incurred in the recovery, sorting, storage, recycling, etc. of product containers, etc., the price of which includes the resource circulation deposits. In such cases, the relevant expenses shall be calculated based on economic conditions, such as price fluctuations: <Amended on Jun. 9, 2020> |
| 1. | Manufacturers or importers falling under paragraph (1) 1 shall pay the expenses incurred in storage and transport of empty containers prescribed by Ordinance of the Ministry of Environment (hereinafter referred to as "handling fees") to wholesalers or retailers (limited to business entities engaging in the general retail business, food and beverage business, and tobacco retail business under the Korean Standard Industrial Classification); |
| 2. | Sellers falling under paragraph (1) 2 shall pay the expenses prescribed by Ordinance of the Ministry of Environment (hereinafter referred to as "treatment subsidies") to those who transport and treat disposable cups, etc. for recycling. |
| (5) | In order to facilitate the refund of resource circulation deposits, the payment and management of handling fees and treatment subsidies, and others under paragraphs (3) and (4), a business entity subject to security deposit shall provide the Container Deposit System Management Center under Article 15-6 with the information on the outbound shipping, sale, recovery, re-use, recycling, etc. of products, the prices of which include resource circulation deposits, and shall require the Container Deposit System Management Center to confirm the returned containers, etc. and to return or pay the relevant resource circulation deposits and handling fees or treatment subsidies. <Amended on Jun. 9, 2020> |
| (6) | A business entity subject to security deposit shall mark “resource circulation deposit refundable” and “reusable” or "recyclable" on the containers, etc. of products, the price of which includes the resource circulation deposits, as determined and publicly notified by the Minister of Environment. <Newly Inserted on Jan. 20, 2015; Jun. 9, 2020> |
| (7) | Matters to be observed by business entities subject to security deposit for facilitating the recovery, re-use, or recycling of containers, etc., such as refund of resource circulation deposits, payment of handling fees and treatment subsidies, shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Jun. 9, 2020> |
[This Article Newly Inserted on Mar. 21, 2008]
[Title Amended on Jan. 20, 2015; Mar. 9, 2020]
| Article 15-3 (Usage of Remainder of Resource Circulation Deposit) |
| (1) | The remainder of a resource circulation deposit after it is refunded under Article 15-2 (hereinafter referred to as "unclaimed deposit") shall be used for any of the following purposes: <Amended on Jan. 20, 2015; Jun. 9, 2020> |
| 1. | Publicity to increase the recovery rate of containers, etc.; |
| 2. | Storage of containers, etc., installation of collection depots, and manufacturing of boxes for recovery of the containers, etc.; |
| 3. | Research and development of plans for the recovery, re-use, and recycling of containers, etc. for promotion of resource circulation; |
| 4. | Where the amount of resource circulation deposits refunded exceeds the amount of resource circulation deposits received in the previous year, the compensation therefor; |
| 4-2. | Expenses incurred in recovering and recycling containers, etc.; |
| 4-3. | Expenses incurred in administration, etc. of the execution of resource circulation deposits, handling fees, and treatment subsidies; |
| 5. | Other activities to preserve the environment. |
| (2) | Details regarding the calculation of unclaimed deposits, reports on the usage plan and the usage results of unclaimed deposits, calculation of expenses incurred in recovery and recycling of containers, etc., and others shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Jan. 20, 2015; Jun. 9, 2020> |
[This Article Newly Inserted on Mar. 21, 2008]
[Title Amended on Jun. 9, 2020]
| Article 15-4 (Monetary Rewards for Reporting on Retailers Failing to Pay Resource Circulation Deposits) |
Where a person who directly sells to consumers products, the price of which includes resource circulation deposits, fails to return the resource circulation deposits in violation of Article 15-2 (3), the Minister of Environment may pay monetary rewards to a person reporting such case, as prescribed by Ordinance of the Ministry of Environment. <Amended on Jun. 9, 2020> [This Article Newly Inserted on Jan. 20, 2015]
[Title Amended on Jun. 9, 2020]
| Article 15-5 (Resource Circulation Deposit Management Committee) |
| (1) | The Resource Circulation Deposit Management Committee (hereafter in this Article referred to as the "Committee") shall be established within the Ministry of Environment for consultation and coordination of matters regarding the management of resource circulation deposits, such as imposition and payment of resource circulation deposits, handling fees, and treatment subsidies, and operation of unclaimed deposits. |
| (2) | The Committee shall be comprised of up to seven members, including the chairperson. |
| (3) | Matters necessary for the composition, operation, etc. of the Committee shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Jun. 9, 2020]
| Article 15-6 (Establishment of Container Deposit System Management Organization) |
| (1) | Business entities subject to security deposit shall jointly establish the Container Deposit System Management Organization with permission from the Ministry of Environment, as prescribed by Presidential Decree. |
| (2) | The Container Deposit System Management Organization shall be a corporation. |
| (3) | The Container Deposit System Management Organization shall conduct the following business: |
| 1. | Refund of resource circulation deposits, payment and management of handling fees and treatment subsidies, etc. under Article 15-2 (5); |
| 2. | Execution and management of unclaimed deposits under Article 15-3 (1); |
| 3. | A fact-finding survey on the refund of resource circulation deposits, payment of handling fees and treatment subsidies, etc.; |
| 4. | Establishment and operation of a reporting center for the refund of resource circulation deposits to handle reports under Article 15-4; |
| 5. | Other business prescribed by Ordinance of the Ministry of Environment to facilitate the recovery, re-use, recycling, etc. of containers, etc. |
| (4) | Where the Center is operated in violation of the statutes or regulations, the articles of incorporation, etc., the Minister of Environment may issue a corrective order or request it to take other necessary measures. |
| (5) | Where any executive officers or employees of the Container Deposit System Management Organization fail to comply with the corrective order or measures under paragraph (4), the Minister of Environment may request a disciplinary action against or dismissal of the relevant executive officers or employees. |
| (6) | The operation of the Container Deposit System Management Organization and other necessary matters shall be prescribed by Ordinance of the Ministry of Environment. |
| (7) | Except as provided in this Act, the provisions of the Civil Act concerning incorporated associations shall apply mutatis mutandis to the Container Deposit System Management Organization. |
[This Article Newly Inserted on Jun. 9, 2020]
SECTION 3 Facilitation of Recycling of Wastes
| Article 16 (Obligations of Manufacturers to Recycle) |
| (1) | A manufacturer or importer (in cases of packing materials, including sellers of products using packing materials; hereinafter referred to as "producers with recycling obligations") of products and packing materials prescribed by Presidential Decree, the recovery and recycling of which can be facilitated by improving the quality of materials, structure or recovery system in the production stage and distribution stage, or which generate a large volume of wastes after use, shall recover and recycle wastes generated from the products or packing materials he or she has manufactured, imported or sold. <Amended on May 22, 2013; Nov. 26, 2019> |
| (2) | Notwithstanding paragraph (1), if a producer with recycling obligations operates a place of business of the type and size prescribed by Presidential Decree, he or she may be exempt from the recycling obligation. In such cases, the producer with recycling obligations shall prove that he or she is eligible for exemption from the recycling obligation, as prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Nov. 26, 2019> |
| (3) | A producer with recycling obligations (excluding business entities subject to security deposit) shall pay contributions to jointly fulfill the recycling obligation prescribed in paragraph (1) (hereinafter referred to as "contributions") to a recycling business mutual aid cooperative under Article 27: Provided, That the amount of money proportional to the quantity of recovery and recycling, which is calculated by the inspection method determined and publicly notified by the Minister of Environment, shall be deducted from the contributions, in any of the following cases: <Newly Inserted on May 22, 2013; Jan. 20, 2015; Nov. 26, 2019; Jun. 9, 2020> |
| 1. | Where the producer directly recovers and recycles the wastes generated from products and packing materials manufactured, imported or sold; |
| 2. | Where the producer outsources the recovery and recycle process of the wastes referred to in subparagraph 1 to any of the following persons: |
| (c) | Other persons prescribed by Presidential Decree as deemed capable of efficiently operating the recycling business. |
| (4) | A producer with recycling obligations or a recycling business mutual aid cooperative shall, when outsourcing the recovery and recycling process of wastes, enter into a contract which protects the rights and interests of the outsourcing contractor to the fullest extent as prescribed by Presidential Decree, such as ensuring the business territory of small-medium enterprises protected under the Act on the Promotion of Collaborative Cooperation between Large Enterprises and Small-Medium Enterprises, and parties to the contract shall implement such contract in good faith. <Amended on May 22, 2013; Jan. 20, 2015; Nov. 26, 2019> |
| (5) | A producer with recycling obligations, a recycling business mutual aid cooperative, and an outsourcing contractor that assumes the recovery and recycling of wastes shall recycle wastes in compliance with the method and standards for recycling of products and packing materials prescribed by Ordinance of the Ministry of Environment. <Amended on May 22, 2013; Jan. 20, 2015; Nov. 26, 2019> |
| (6) | A producer with recycling obligations shall submit data on the outbound shipping volume of products and packing materials to the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Nov. 26, 2019> |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 17 (Mandatory Recycling Ratio) |
| (1) | The Minister of Environment shall publicly notify the ratio of the quantity to be recycled (hereinafter referred to as "mandatory recycling ratio") to the annual outbound shipping volume of each product and packing material under Article 16, considering the outbound shipping volume of products and packing materials, the quantity of recyclable resources separately collected (including the quantity of recyclable resources separately collected published by the Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-Governing City Mayor, Do Governors, and the Special Self-Governing Province Governor under Article 13 (2)), performance of recovery and recycling, conditions of recycling, etc. of producers with recycling obligations in consultation with the competent Minister. <Amended on May 22, 2013; Jan. 21, 2014> |
| (2) | Standards for calculating the quantity to be recycled by a producer with recycling obligations pursuant to the mandatory recycling ratio (hereinafter referred to as "mandatory recycling quantity") shall be prescribed by Presidential Decree, in consideration of the outbound shipping volume, the mandatory recycling ratio for each product and packing material, etc. |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 17-2 (Certification for Fulfillment of Obligation to Recycle) |
| (1) | Where a producer with recycling obligations recovers and recycles all of the wastes of products and packing materials manufactured, imported or sold by him or her in accordance with Article 16 or pays the contributions therefor to a recycling business mutual aid cooperative under Article 27, the Minister of Environment may issue a certification for the faithful fulfillment of obligation to recycle (hereinafter referred to as "certification for the fulfillment of obligation to recycle). |
| (2) | A producer with recycling obligations, who has received a certification for the fulfillment of obligation to recycle, may indicate the certification on the products and packing materials that he or she intends to manufacture, import or sell. |
| (3) | No producer with recycling obligations who has not received a certification for the fulfillment of obligation to recycle shall indicate the certification or indicate any mark similar thereto. |
| (4) | Matters necessary for procedures for certification, indication of certification, etc. under paragraphs (1) and (2) shall be determined and publicly notified by the Minister of Environment. |
[This Article Newly Inserted on May 22, 2013]
| Article 18 (Submission of Plans to Fulfill Recovery and Recycling Obligations) |
| (1) | The following persons shall submit a plan for fulfilling their recovery and recycling obligations to the Minister of Environment and obtain approval thereof, as prescribed by Presidential Decree: <Amended on May 22, 2013; Jan. 20, 2015; Nov. 26, 2019; Jun. 9, 2020> |
| 1. | A producer with recycling obligations who intends to have its contribution deducted pursuant to the proviso of Article 16 (3); |
| 2. | A recycling business mutual aid cooperative; |
| 3. | A business entity subject to security deposit. |
| (2) | Each person who has obtained approval of his or her plan to fulfill recovery and recycling obligations pursuant to paragraph (1), shall submit a report on the outcomes of fulfilling his or her recovery and recycling obligations and supporting documents to the Minister of Environment, as prescribed by Presidential Decree. <Amended on May 22, 2013> |
[This Article Wholly Amended on Mar. 21, 2008]
[Title Amended on May 22, 2013]
| Article 19 (Collection of Recycling Dues) |
| (1) | Where a producer with recycling obligations fails to fulfill the obligation provided for in Article 16 or a recycling business mutual aid cooperative established under Article 27 fails to fulfill the obligation to recycle on behalf of its members, the Minister of Environment shall impose and collect the dues which amounts to the sum of expenses to be incurred in recycling non-recycled wastes out of the mandatory recycling quantity and an amount equivalent to 30/100 of such expenses (hereinafter referred to as "recycling dues") on and from the producer with recycling obligations or the recycling business mutual aid cooperative. |
| (2) | The expenses incurred in recycling wastes, based on which recycling dues are calculated, periods of, and procedures for payment thereof, and other necessary matters shall be prescribed by Presidential Decree. |
| (3) | Where a person liable to pay recycling dues under paragraph (1) fails to pay such dues by the payment deadline, the Minister of Environment shall urge him or her to make the payment within a specified period of no less than 30 days. In such cases, additional charges shall be imposed as follows: <Amended on Jan. 20, 2015; Nov. 26, 2019; May 26, 2020> |
| 1. | Where the person pays the recycling dues within one week after the payment deadline: An amount equivalent to 1/100 of the recycling dues that remain unpaid; |
| 2. | Where the person pays the recycling dues one week after the payment deadline: An amount equivalent to 3/100 of the recycling dues that remain unpaid. |
| (4) | Where a person urged to make a payment under paragraph (3) fails to pay the recycling dues or additional charges by the specified deadline, such recycling dues or additional charges shall be collected in the same manner as delinquent national taxes are collected. |
| (5) | The recycling dues and additional charges paid under paragraph (3) shall become the revenue of the Special Account for Environmental Improvement under the Framework Act on Environmental Policy. <Amended on Jul. 21, 2011> |
| (6) | Where the Minister of Environment has entrusted the task of collecting the recycling dues or additional charges to a relevant specialized institution, such as the Corporation, under Article 38 (2), he or she may grant some of the collected recycling dues or additional charges to cover collection expenses, as prescribed by Presidential Decree. <Amended on Feb. 6, 2009> |
| (7) | Where a recycling business mutual aid cooperative on which recycling dues have been imposed under paragraph (1) fails to pay the recycling dues on grounds of dissolution, bankruptcy, etc., the producers with recycling obligations who are members of the recycling business mutual aid cooperative shall commonly bear the recycling dues. <Newly Inserted on Nov. 26, 2019> |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 19-2 (Payment of Charges by Credit Card) |
| (1) | A person obligated to pay any waste charges, recycling dues, and additional charges under Article 12 (4) and Article 19 (3) (hereafter in this Article referred to as “charges, etc.”) may pay such charges, etc. by a credit card, debit card, etc. (hereafter in this Article referred to as “credit cards, etc.”) via an agency prescribed by Presidential Decree for vicarious payment of charges, etc. (hereafter in this Article referred to as “payment agency for charges, etc.”). |
| (2) | Where the charges etc. are paid by credit cards, etc. under paragraph (1), the date of approval by a payment agency for charges, etc. shall be deemed a payment date. |
| (3) | A payment agency for charges, etc. may receive a fee from a person obligated to pay charges, etc. in exchange for paying the charges, etc. on his or her behalf. |
| (4) | Matters necessary for designation and operation of a payment agency for charges, etc. and fees, etc. shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 5, 2021]
| Article 20 (Usages of Waste Charges and Recycling Dues) |
Waste charges and recycling dues shall be used for the following purposes: <Amended on Nov. 28, 2017>
| 1. | Assistance for waste recycling projects and installation of waste disposal facilities; |
| 2. | Research and technology development for the efficient recycling and reduction of wastes; |
| 3. | Assistance for recovery, recycling, and disposal of wastes by local governments; |
| 4. | Purchase and reserve of recyclable resources; |
| 5. | Assistance for projects to facilitate recycling; |
| 6. | Funding for the collection of waste charges (including additional charges) or recycling dues (including additional charges); |
| 7. | Others, such as assistance for projects necessary to facilitate the saving and recycling of resources. |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 21 Deleted. <Apr. 27, 2007> |
| Article 22 Deleted. <Mar. 21, 2008> |
| Article 22-2 Deleted. <Mar. 21, 2008> |
| Article 23 (Matters to Be Observed by Designated Recycling Businesses) |
| (1) | An operator of any of the types of business prescribed by Presidential Decree, which are particularly necessary for the efficient use of recyclable resources (hereinafter referred to as "designated recycling business entity") shall comply with the guidelines publicly notified by the Minister of Environment and the competent Ministers, in accordance with the basic policies and procedures prescribed by Presidential Decree. |
| (2) | The guidelines referred to in paragraph (1) shall include the matters in each of the following subparagraphs: |
| 1. | Matters concerning the goal of using recyclable resources by type of recycled products (excluding by-products; hereafter in this Article the same shall apply) and facilitation of recycling; |
| 2. | Matters concerning the formulation of a plan for using recyclable resources and measures for recycling; |
| 3. | Matters concerning records on the use of recyclable resources and the management thereof; |
| 4. | Matters concerning energy recovery and facilitation of use of exhaust heat. |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 24 Deleted. <Apr. 27, 2007> |
| Article 24-2 Deleted. <Jan. 21, 2014> |
| Article 25 (Matters to Be Observed by Designated By-Product Discharging Business Entities) |
| (1) | A business entity that discharges designated by-products (hereinafter referred to as "designated by-product discharging business operator") shall comply with the guidelines publicly notified by the Minister of Environment and the competent Ministers according to the basic policy and procedures prescribed by Presidential Decree. |
| (2) | The guidelines referred to in paragraph (1) shall include following: <Amended on Jan. 20, 2015> |
| 1. | The methods of recycling, depending on the use of each designated by-product; |
| 2. | The formulation and implementation of plans to facilitate the use of designated by-products; |
| 3. | The separation, crushing, etc. of designated by-products; |
| 4. | The eco-friendly management of designated by-products. |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 25-2 (Recommendations on Recycling and Orders to Take Measures) |
| (1) | Where a designated recycling business operator or designated by-product discharging business operator fails to observe the guidelines referred to in Articles 23 and 25, the Minister of Environment and the competent Minister may recommend such business operator to observe the guidelines. |
| (2) | Where a business operator, in receipt of recommendation under paragraph (1), fails to observe the guidelines without good cause, the Minister of Environment and the competent Minister may disclose a list of violators and the details of violations of the guidelines, or order him or her to take necessary measures. In such cases, the Minister of Environment shall consult with the competent Minister before disclosing a list of violators and the details of violation of the guidelines or ordering the relevant business operator to take measures. |
[This Article Wholly Amended on Jan. 21, 2014]
| Article 25-3 (Installation and Operation of Energy Recovery Facilities) |
Facilities to recover energy (hereinafter referred to as "energy recovery facilities") shall be installed and operated to make sure that energy recovery facilities meet the standards for energy recovery when inspected according to methods and procedures of inspection publicly notified by the Minister of Environment after consultation with the Minister of Trade, Industry, and Energy.
[This Article Wholly Amended on Jan. 21, 2014]
| Article 25-4 (Reporting on Import and Manufacture of Solid Fuels) |
| (1) | A person who intends to import solid fuels made from wastes (hereinafter referred to as "solid fuels") among recycled products shall report thereon to the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment. |
| (2) | A person who intends to manufacture solid fuels shall be either of the following, and report thereon to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Environment: |
| (3) | The Minister of Environment, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall issue a certificate of reports on import or manufacture to each person who files a report under paragraph (1) or (2). |
| (4) | Where an importer or manufacturer of solid fuels intends to modify matters prescribed by Ordinance of the Ministry of Environment, he or she shall report on such modification to the Minister of Environment, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. |
| (5) | The Minister of Environment, or the Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall notify a reporter of the acceptance or refusal of the report within seven days from the date of receipt of the report under paragraphs (1) or (2) a report on modification under paragraph (4). <Newly Inserted on Jan. 5, 2021> |
| (6) | If the Minister of Environment or the Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu fails to notify a reporter of the acceptance or refusal of a report or the extension of the processing period under the statutes or regulations governing the processing of civil petitions within the period specified under paragraph (5), the report shall be deemed accepted on the date immediately following the end date of the period (referring to the relevant extended or re-extended period if the processing period is extended or re-extended under the statutes or regulations governing the processing of civil petitions). <Newly Inserted on Jan. 5, 2021> |
| (7) | No importer or manufacturer of solid fuels shall allow any third person to import or manufacture solid fuels using his or her trade name or personal name, or lend his or her certificate of reports issued under paragraph (3) to any third person. <Amended on Jan. 5, 2021> |
[This Article Wholly Amended on Jan. 21, 2014]
| Article 25-5 (Quality Inspections of Solid Fuels) |
| (1) | A person who intends to report on importation or manufacturing of solid fuels pursuant to Article 25-4 (1) or (2) shall undergo an inspection regarding the following matters (hereinafter referred to as "quality inspection") conducted by the Waste-to-Energy Center established under Article 25-15 (hereinafter referred to as "Waste-to-Energy Center") to ascertain whether the solid fuels he or she intends to import or manufacture meet the quality standards prescribed by Ordinance of the Ministry of Environment: |
| 5. | Ash, chlorine, and sulfur content; |
| 6. | Other matters prescribed by Ordinance of the Ministry of Environment. |
| (2) | A person who intends to undergo a quality inspection shall pay fees to the Waste-to-Energy Center, as prescribed by Ordinance of the Ministry of Environment. |
| (3) | The Waste-to-Energy Center shall verify whether products kept by an importer, manufacturer, or user of solid fuels meet the quality standards, according to inspection procedures and inspection periods prescribed by Ordinance of the Ministry of Environment. <Amended on Nov. 26, 2019> |
| (4) | The Waste-to-Energy Center shall notify the Minister of Environment, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu of the results of verification under paragraph (3). |
| (5) | The Minister of Environment shall provide a subsidy to the Waste-to-Energy Center to cover expenses incurred in relation to verifications under paragraph (3). |
| (6) | Except as provided in paragraphs (1) through (5), methods of quality inspections and verifications, and other necessary matters shall be prescribed by Ordinance of the Ministry of Environment. |
| (7) | For products to be imported or manufactured by importers or manufacturers of solid fuels, the Minister of Environment may grade the items of quality standards prescribed by Ordinance of the Ministry of Environment according to the standards prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Nov. 26, 2019> |
| (8) | The Minister of Environment may display or disclose the grades classified pursuant to paragraph (7) (hereinafter referred to as “quality grades”), as prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Nov. 26, 2019> |
[This Article Wholly Amended on Jan. 21, 2014]
| Article 25-6 (Quality Marks on Solid Fuels) |
| (1) | Every importer or manufacturer of solid fuels shall place a quality mark on solid fuels (hereinafter referred to as "quality mark"), as prescribed by Ordinance of the Ministry of Environment. |
| (2) | An importer or manufacturer of solid fuels who intends to place a quality mark on solid fuels shall request an institution prescribed by Ordinance of the Ministry of Environment to administer an examination. |
| (3) | The Minister of Environment may allow the Waste-to-Energy Center to inspect the appropriateness of quality marks. |
| (4) | Matters necessary for quality marks, such as items of quality marks, frequency of examinations, and methods of administering examinations, shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Jan. 21, 2014]
| Article 25-7 (Permission for Use of Solid Fuels) |
| (1) | A person who intends to use solid fuels shall obtain permission from the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu, upon satisfying the following requirements: <Amended on Nov. 28, 2017> |
| 1. | Facilities that use the solid fuels (hereinafter referred to as "facilities to use solid fuels") shall meet the standards prescribed by Ordinance of the Ministry of Environment; |
| 2. | Solid fuels that the person intends to use shall meet the quality standards referred to in Article 25-5 (1); |
| 3. | The plan for the use, storage, and handling of the solid fuels shall be appropriate; |
| 4. | The person shall meet other standards prescribed by Ordinance of the Ministry of Environment for environmental protection. |
| (2) | Where a person who has obtained permission to use solid fuels intends to modify any important matter prescribed by Ordinance of the Ministry of Environment, the person shall obtain permission for the modification and shall file a report on the modification to modify any other matter. <Amended on Nov. 28, 2017> |
| (3) | Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu grants permission or permits modification pursuant to paragraph (1) or (2), he or she may attach necessary conditions for the convenience of residents' life, protection of the surrounding environment, etc. <Newly Inserted on Nov. 28, 2017> |
| (4) | Where a person who has obtained permission to use sold fuels falls under any of the following cases, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu may revoke the permission: Provided, That in cases falling under subparagraph 1, the permission shall be revoked: <Newly Inserted on Nov. 28, 2017> |
| 1. | Where the person has obtained the permission by fraud or other improper means; |
| 2. | Where the person violates any permitted matter or condition for permission; |
| 3. | Where the person fails to satisfy any of the requirements for permission set forth in subparagraphs of paragraph (1). |
| (5) | Procedures, methods, matters, and conditions of granting permission and permission for modifications, and procedures and methods of filing reports on modifications under paragraphs (1) through (4), and matters necessary for the criteria, procedures, etc. for revoking permission shall be prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Nov. 28, 2017> |
[This Article Newly Inserted on Jan. 21, 2014]
[Title Amended on Nov. 28, 2017]
| Article 25-8 (Regular Inspections of Facilities to Manufacture or Use Solid Fuels) |
| (1) | A person who establishes and operates a facility to manufacture (hereinafter referred to as "manufacturing facility") or use solid fuels shall undergo an inspection (hereinafter referred to as "regular inspection") conducted by the Waste-to-Energy Center or an institution prescribed by Ordinance of the Ministry of Environment to ascertain whether his or her facility meets the inspection standards prescribed by Ordinance of the Ministry of Environment. |
| (2) | The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may order the establisher and operator of a facility found to be non-compliant in a regular inspection to improve the facility to meet the inspection standards prescribed under paragraph (1) within a specified period. |
| (3) | No person, in receipt of an order under paragraph (2), shall manufacture or use solid fuels using the relevant facility before he or she implements the order. |
| (4) | Except as provided in paragraphs (1) through (3), the frequency, items, procedures, and methods of regular inspections, and other necessary matters shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Jan. 21, 2014]
| Article 25-9 (Matters to Be Observed by Importers, Manufacturers, and Users of Solid Fuels) |
| (1) | An importer, manufacturer, or user of solid fuels shall comply with the matters prescribed by Ordinance of the Ministry of Environment for environmental control, such as prevention of fugitive dust in the process of storing solid fuels or in the process of operating the manufacturing or usage facilities of solid fuels. <Amended on Jan. 5, 2021> |
| (2) | Every user of solid fuels shall comply with the permissible emission levels of dioxin prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Jan. 21, 2014]
| Article 25-10 (Orders to Prohibit Importation or Manufacturing of Solid Fuels) |
| (1) | Where an importer or manufacturer of solid fuels files a report under Article 25-4 (1) or (2) or undergoes a quality inspection by fraud or other improper means, the Minister of Environment, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall issue him or her an order prohibiting the importation or manufacturing of solid fuels for three years. |
| (2) | Where solid fuels kept by an importer, manufacturer or user are found to be non-compliant with the quality standards prescribed under Article 25-5 (1) as a result of verification under 25-5 (3), the Minister of Environment, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may issue an order prohibiting the importation, manufacturing or use of solid fuels or an improvement order, as prescribed by Ordinance of the Ministry of Environment: Provided, That an improvement order may be only issued when quality standards for moisture content (hereinafter referred to as "moisture standard") referred to in Article 25-5 (1) 3 are not met. |
[This Article Newly Inserted on Jan. 21, 2014]
| Article 25-11 (Penalty Surcharges in Lieu of Prohibition Orders) |
| (1) | Where the Minister of Environment, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to issue an order prohibiting the importation or manufacturing of solid fuels pursuant to the main clause of Article 25-10 (2), but the order is deemed to cause any of the following, he or she may impose a penalty surcharge not exceeding one billion won in lieu of such order: |
| 1. | Where it affects the supply of and demand for domestic electric power; |
| 2. | Where it affects the lifespan of facilities to use solid fuels due to imbalance in the supply of and demand for fuels. |
| (2) | If the importer, manufacturer or user of solid fuels fails to pay a penalty surcharge under paragraph (1), the Minister of Environment, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall collect it in the same manner as delinquent national or local taxes are collected. |
| (3) | Penalty surcharges collected from importers pursuant to paragraphs (1) and (2) shall become the revenue of the environmental improvement special account, and penalty surcharges collected from manufacturers and users shall become the revenue of a Special Self-Governing City, Special Self-Governing Province, or Si/Gun/Gu. |
[This Article Newly Inserted on Jan. 21, 2014]
| Article 25-12 (Treatment of Solid Fuels) |
| (2) | If solid fuels meet the moisture standard under the proviso of paragraph (1), the importer, manufacturer or user of such solid fuels shall, without delay, re-undergo a quality inspection. |
[This Article Newly Inserted on Jan. 21, 2014]
| Article 25-13 (Succession to Rights and Obligations) |
| (1) | Where a manufacturer or user of solid fuels fully transfers his or her manufacturing facility or facility to use solid fuels, or dies, or a corporation merges wither another corporation, the transferee, successor, corporation surviving the merger or established in the course of the merger shall succeed to the rights and obligations of the manufacturer or user of solid fuels under this Act. |
| (2) | A person who succeeds to rights and obligations pursuant to paragraph (1) shall report thereon to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. |
[This Article Newly Inserted on Jan. 21, 2014]
| Article 25-14 (Building and Operation of Comprehensive Waste-to-Energy Information Management System) |
| (1) | The Minister of Environment shall build and operate a comprehensive waste-to-energy information management system (hereinafter referred to as "information management system") to maintain and manage following information on waste-to-energy in a systematic manner: |
| 1. | Quantity of waste-to-energy produced and used; |
| 2. | Quantity of solid fuels imported and used; |
| 3. | Facilities producing and using waste-to-energy; |
| 4. | Findings of quality inspections and details of quality marks; |
| 5. | Technological development and new technologies regarding waste-to-energy; |
| 6. | Current status of, and education for technical human resources regarding waste-to-energy; |
| 7. | Other information deemed necessary for managing waste-to-energy by the Minister of Environment. |
| (2) | The following persons shall enter information referred to in paragraph (1) 1 through 4 in the information management system, as prescribed by Ordinance of the Ministry of Environment: |
| 1. | An importer, manufacturer or user of solid fuels; |
| (a) | A person who produces, uses or sells landfill gas or biogas; |
| (b) | A person who recovers, uses or sells remaining heat from incineration; |
| (c) | A person who produces, uses or sells electric power through gasification of wastes; |
| 3. | A person who recovers waste-to-energy or converts wastes into a state from which energy can be recovered among those who recycle wastes under subparagraph 7 of Article 2 of the Wastes Control Act, who is publicly notified by the Minister of Environment after consultations with the Minister of Trade, Industry and Energy. |
| (3) | The Minister of Environment shall keep information entered pursuant to paragraph (2) for five years from the date of entry of such information. |
[This Article Newly Inserted on Jan. 21, 2014]
| Article 25-15 (Waste-to-Energy Center) |
| (1) | The Minister of Environment may establish and operate a Waste-to-Energy Center to perform the following duties for the purposes of facilitating the use of waste-to-energy, quality control of solid fuels, etc.: <Amended on Nov. 26, 2019> |
| 1. | Quality inspections and quality grade management; |
| 2. | Inspections of appropriateness of quality mark; |
| 3. | Regular inspections of manufacturing facilities and facilities to use solid fuels, and inspections of the actual status of operating such facilities; |
| 4. | Inspections of the actual status of using solid fuels; |
| 5. | Current status of import of solid fuels and surveys of import trends; |
| 6. | Technical assistance related to waste-to-energy and research on systems; |
| 7. | Research and development of technologies related to waste-to-energy; |
| 8. | Surveys on advanced cases regarding waste-to-energy and publicity for facilitating waste-to-energy; |
| 9. | Building and operation of the information management system; |
| 10. | Other duties necessary for the activation of waste-to-energy. |
| (2) | The Minister of Environment may entrust the Corporation with the operation of the Waste-to-Energy Center. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for the operation of the Waste-to-Energy Center shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Jan. 21, 2014]
| Article 26 (Korea Waste-to-Energy Association) |
| (1) | A person falling under Article 25-14 (2) may establish a Korea Waste-to-Energy Association (hereinafter referred to as the "Waste-to-Energy Association") to increase the conversion of wastes into energy and to improve related technologies upon obtaining permission from the Minister of Environment, as prescribed by Presidential Decree. |
| (2) | The Waste-to-Energy Association shall be a corporation. |
| (3) | The Waste-to-Energy Association shall be duly formed when registration for its establishment is completed at a registry office having jurisdiction over its principal place of business. |
| (4) | Matters to be entered in the articles of association of the Waste-to-Energy Association, and matters necessary for supervision thereof shall be prescribed by Presidential Decree. |
| (5) | Except as provided in this Act, the provisions concerning incorporated associations under the Commercial Act shall apply mutatis mutandis to the Waste-to-Energy Association. |
[This Article Wholly Amended on Jan. 21, 2014]
CHAPTER III RECYCLING BUSINESS MUTUAL AID COOPERATIVES AND SUPPORT CENTERS FOR DISTRIBUTION OF RECYCLABLE RESOURCES
| Article 27 (Establishment of Recycling Business Mutual Aid Cooperatives) |
| (1) | A producer with recycling obligations may establish a recycling business mutual aid cooperative by product or packing material (hereinafter referred to as "cooperative") to fulfill the obligation provided for in Article 16. <Amended on May 22, 2013> |
| (2) | Each cooperative shall be a corporation. |
| (3) | A cooperative shall be established by registering establishment therefor at the location of its principal office. |
| (4) | Deleted. <May 29, 2016> |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 28 (Procedures for Authorizing Establishment of Cooperatives) |
| (1) | A person who intends to establish a cooperative shall obtain authorization from the Minister of Environment, by submitting an application for authorization for establishment, which includes the following matters, to the Minister of Environment: <Amended on Aug. 13, 2013> |
| 1. | The articles of association of the corporation that include the purpose, scope of business, cooperative members, contributions, and other matters concerning the operation of the cooperative; |
| 2. | The agreement of producers with recycling obligations affiliated with the cooperative on participation; |
| 3. | Resumes and written acceptance of appointments of executive officers; |
| 4. | Details of the cooperative's recycling facilities (limited to cooperatives which have their own recycling facilities); |
| 5. | Business plans to vicariously fulfill the obligation to recycle. |
| (2) | Upon granting authorization under paragraph (1), the Minister of Environment shall publicly announce such fact. <Amended on May 29, 2016> |
| (3) | When a cooperative has appointed an executive for replacement, it shall file a report thereon with the Minister of Environment without delay, along with the documents referred to in paragraph (1) 3 and the minutes of the general meeting or meeting by the board of directors that has adopted a resolution on appointment of the executive for replacement, and obtain approval from him or her. <Newly Inserted on Aug. 13, 2013> |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 28-2 (Establishment of Support Centers for Distributing Recyclable Resources) |
| (1) | Each cooperative may jointly establish a support center for the distribution of recyclable resources (hereinafter referred to as "distribution support center") in order to recover and recycle wastes of products and packing materials pursuant to Article 16 (1). <Amended on Jan. 20, 2015; Jun. 9, 2020> |
| (2) | A distribution support center shall be a corporation. |
| (3) | Upon collecting wastes from products and packing materials under Article 16 (1), the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall hand them over to a distribution support center established under paragraph (1), and the distribution support center shall reimburse him or her for the expenses incurred in the collection thereof. <Amended on Jan. 21, 2014> |
| (4) | Deleted. <Jun. 9, 2020> |
[This Article Newly Inserted on May 22, 2013]
| Article 28-3 (Procedures for Authorization for Establishment of Distribution Support Center) |
| (1) | A person who intends to establish a distribution support center shall submit an application for authorization for establishment to the Minister of Environment which includes the following matters and obtain authorization from him or her: <Amended on May 26, 2020> |
| 1. | The articles of association, including the purpose, scope of business, members, operation expenses, and other matters concerning the operation and organization of the distribution support center; |
| 2. | Plan for establishing a distribution system of recyclable resources; |
| 3. | Agreements on vicarious fulfillment of the obligation for recovery by cooperative, and business plans therefor; |
| 4. | Details of facilities of his or her own for loading, unloading, and sorting of recyclable resources (limited to where facilities are owned by himself or herself). |
| (2) | Upon granting authorization under paragraph (1), the Minister of Environment shall make public announcement thereof. |
[This Article Newly Inserted on May 22, 2013]
| Article 28-4 (Corrective Orders) |
| (1) | Where the operation, execution of tasks, etc. of a cooperative or distribution support center is found to be in violation of the statutes or regulations, articles of association, etc. as a result of the report, inspection, etc. made under Article 36 (1), the Minister of Environment may issue an order for correction or request to take other necessary measures. |
| (2) | Where any executive or employee of a cooperative or distribution support center fails to comply with the corrective order or measures referred to in paragraph (1), the Minister of Environment may request for a disciplinary action or dismissal of the relevant executive or employee. |
[This Article Newly Inserted on Aug. 13, 2013]
| Article 28-5 (Revocation of Authorization) |
Where a cooperative or distribution support center falls under any of the following cases, the Minister of Environment may revoke the authorization therefor: Provided, That in cases falling under subparagraph 1, the authorization shall be revoked:
| 1. | Where authorization for establishment has been obtained by fraud or other improper means; |
| 2. | Where it becomes impossible to attain the purpose of establishment of a cooperative or distribution support center due to changes in circumstances such as an amendment of any statutes or regulations; |
| 3. | Where it has failed to correct even after receiving a corrective order under Article 28-4 (1), the cases of which are prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Aug. 13, 2013]
| Article 29 (Contributions) |
In order to deliberate on and determine the standards for the calculation of contributions under Article 16, payment procedures, and other necessary matters, each cooperative and distribution support center shall constitute and operate a joint steering committee, as prescribed by Ordinance of the Ministry of Environment. In such cases, the standards for the calculation of contributions shall be determined in consideration of the ease, costs, etc. of recycling. <Amended on Dec. 24, 2018> [This Article Wholly Amended on Jan. 20, 2015]
| Article 30 (Application Mutatis Mutandis of the Civil Act) |
Except as provided in this Act, the provisions of the Civil Act concerning incorporated associations shall apply mutatis mutandis to the cooperatives and distribution support centers. <Amended on May 22, 2013; Jan. 5, 2021> [This Article Wholly Amended on Mar. 21, 2008]
CHAPTER IV ESTABLISHMENT OF FOUNDATION FOR FACILITATION OF SAVING AND RECYCLING OF RESOURCES
| Article 31 (Financial Assistance for Fostering Recycling Industries) |
| (1) | The State or local governments may subsidize or lend funds necessary to facilitate the recycling of resources to an operator of any of the following businesses or projects (hereinafter referred to as "recycling business operator") to foster recycling industries, and arrange loans for the operator, if necessary: <Amended on Jul. 23, 2010; May 22, 2013; Jan. 21, 2014; Nov. 28, 2017> |
| 1. | A business to install recycling facilities; |
| 2. | A resources recycling business conducted by a designated recycling business operator or designated by-product discharging business operator; |
| 3. | Installation and operation of energy recovery facilities referred to in Article 25-3; |
| 4. | A project to develop a recycling complex under Article 34; |
| 6. | A research and technological development project to facilitate the recycling of resources; |
| 7. | Establishment and operation of distribution support centers; |
| 8. | Businesses prescribed by Presidential Decree, which are necessary for fostering recycling industries, other than those referred to in subparagraphs 1 through 7. |
| (2) | The Government may preferentially provide a recycling business operator with funds necessary for facilities, research and technological development, etc. from any of the following funds: <Amended on Apr. 1, 2009; May 21, 2009> |
| (3) | The Minister of Environment may request cooperation necessary for providing support to recycling businesses, from the heads of the relevant central administrative agencies in charge of administering the funds referred to in the subparagraphs of paragraph (2). |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 32 Deleted. <Dec. 31, 2004> |
| Article 33 (Specifications and Quality Standards of Recycled Products) |
The Minister of Trade, Industry and Energy may set specifications and quality standards of each item of recycled products in consultation with the Minister of Environment. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Mar. 21, 2008]
| Article 34 (Development of Recycling Complexes) |
| (1) | The State, local governments or any person prescribed by Presidential Decree may develop recycling complexes in order to foster the recycling industry and enhance the competitiveness of the recycling industry. |
| (2) | The development of recycling complexes referred to in paragraph (1) shall be subject to the procedure for the designation and development of national or local industrial complexes under the Industrial Sites and Development Act. |
| (3) | Matters necessary for the development, management and operation of recycling complexes shall be prescribed by Presidential Decree. |
| (4) | The State or local governments may devise measures to enable recycling businesses to preferentially occupy factory sites supplied by the State or local governments. |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 34-2 (Subsidies for Development of Recycling Complexes) |
Where a local government or a person prescribed by Presidential Decree develops a recycling complex under Article 34 (1), the State may subsidize the expenses needed to develop such recycling complex. [This Article Wholly Amended on Mar. 21, 2008]
| Article 34-3 (Lending and Use of State and Public Assets) |
| (1) | The State or local governments may, when deemed necessary for the expansion of recycling facilities, and development and operation of recycling complexes, establish a private contract for the lending, use or profit-making of state and public assets or sell state and public assets, notwithstanding the State Properties Act or the Public Property and Commodity Management Act. |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 34-4 (Establishment of Public Recycling Infrastructure) |
| (1) | The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, and the head of a Si/Gun/Gu shall establish facilities to collect, keep, sort and treat bulky wastes and recyclable resources prescribed by Presidential Decree. <Amended on Jan. 21, 2014> |
| (2) | The Special Metropolitan City Mayor, Metropolitan City Mayors, and Do Governors may provide financial and technical support to the heads of Sis/Guns/Gus who establish facilities referred to in paragraph (1), and may offer advice necessary for increasing efficiency in installing and operating such facilities. |
| (3) | When it is necessary to collect, keep, sort, and treat bulky wastes and recyclable resources generated in at least two of a Special Self-Governing City, Special Self-Governing Province, and Si/Gun/Gu in an interstate level, the Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, Do Governors, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may jointly establish and operate the facilities referred to in paragraph (1). <Amended on Jan. 21, 2014> |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 34-5 (Installation of Facilities for Facilitating Recycling) |
| (1) | The State or a local government may install and operate pre-treatment facilities to recover recyclable resources to the utmost extent through mechanical treatment processes, such as crushing, grinding and sorting, or biological treatment processes, such as aerobic or anaerobic decomposition, prior to the treatment of wastes by means of incineration or reclamation. |
| (2) | Where deemed necessary for taking measures to facilitate recycling prior to the final treatment of wastes generated in at least two of the Special Metropolitan City, a Metropolitan City, the Special Self-Governing City, a Do, the Special Self-Governing Province, and a Si/Gun/Gu, the State or a local government may install and operate the facilities under paragraph (1) solely or jointly. <Amended on Jan. 21, 2014> |
| (3) | When the Minister of Environment or the head of a local government deems it necessary for adjusting the supply and demand of recyclable resources and stabilizing the prices thereof, he or she may install and operate the stockpiling facilities for recyclable resources, raw materials obtained through the use after regeneration, and other items prescribed by Ordinance of the Ministry of Environment (hereinafter referred to as "recyclable resources, etc."). <Newly Inserted on Jan. 5, 2021> |
| (4) | Expenses incurred in the storage, transportation, etc. of recyclable resources, etc. which are stockpiled pursuant to paragraph (3) shall be borne by a person who requests the stockpiling thereof: Provided, That the Minister of Environment may fully or partially subsidize expenses incurred in storage, transport, etc. to a person who has obtained permission for waste recycling business under Article 25 (5) 5 through 7 of the Wastes Control Act that is prescribed by Ordinance of the Ministry of Environment or a person who has filed a report on waste treatment under Article 46 of that Act, in cases of urgent necessity deemed by the Minister of Environment, such as where the recyclable resources are piled up or the supply and demand is unstable. <Newly Inserted on Jan. 5, 2021> |
| (5) | Matters necessary for the stockpiling, storage, management of recyclable resources, support for expense therefor under paragraphs (3) and (4), etc. shall be determined and publicly notified by the Minister of Environment. <Newly Inserted on Jan. 5, 2021> |
[This Article Newly Inserted on Mar. 21, 2008]
| Article 34-6 (Criteria and Indices for Assessing Facilitation of Saving and Recycling of Resources) |
| (1) | The Minister of Environment may set and operate criteria and indices with which to analyze the generation, recycling, treatment, etc. of wastes and manage them. |
| (2) | The Minister of Environment shall assess the outcomes of facilitating the saving and recycling of resources pursuant to the criteria and indices set under paragraph (1) and endeavor to reflect the result of the assessment in policies for facilitating the saving and recycling of resources. <Amended on Nov. 28, 2017> |
[This Article Newly Inserted on Mar. 21, 2008]
[Title Amended on Nov. 28, 2017]
| Article 34-7 (Provision of Information on Facilitation of Saving and Recycling of Resources) |
| (1) | The Minister of Environment shall endeavor to provide people with knowledge and information on facilitating the saving and recycling of resources. <Amended on Nov. 28, 2017> |
| (2) | In order to generate and disseminate knowledge, information, etc. on the facilitation of saving and recycling of resources and to facilitate them, the Minister of Environment may establish and operate an information system for facilitating the saving and recycling of resources. <Amended on Nov. 28, 2017> |
| (3) | The Minister of Environment may request the head of a relevant central administrative agency to submit data necessary for the establishment and operation of an information system for facilitating the saving and recycling of resources. In such cases, the head of the relevant central administrative agency shall comply with such request unless there is a compelling reason not to do so. <Amended on Nov. 28, 2017> |
[This Article Newly Inserted on Mar. 21, 2008]
[Title Amended on Nov. 28, 2017]
| Article 34-8 (Establishment of Voluntary Agreement) |
| (1) | The Minister of Environment or the head of a local government may conclude an agreement with a waste discharging business, recycling business, manufacturer, etc. or organization comprised thereof (hereinafter referred to as "voluntary agreement") in order to control the generation of wastes and facilitate recycling. |
| (2) | Matters necessary for the objective of a voluntary agreement, method and procedure of fulfillment, etc. shall be prescribed by Ordinance of the Ministry of Environment or ordinances of a local government concerned. |
| (3) | The Minister of Environment or the head of a local government may provide a person who has concluded a voluntary agreement under paragraph (1) with assistance necessary for the fulfillment of such voluntary agreement. |
[This Article Newly Inserted on Mar. 21, 2008]
| Article 34-9 Deleted. <Nov. 28, 2017> |
| Article 34-10 (Establishment and Operation of Recycling Market Management Centers) |
| (1) | The Minister of Environment may establish and operate a recycling market management center that collects and analyzes market information on recyclable resources, etc. and performs appropriate measures for stabilization, to stabilize the recycling markets and facilitate recycling. |
| (2) | The Minister of Environment may fully or partially entrust the duties of a recycling market management center under paragraph (1) to a relevant specialized institution, as prescribed by Presidential Decree. |
| (3) | Matters necessary for the operation of a recycling market management center under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Jan. 5, 2021]
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 35 (Resources Recycling Association) |
| (1) | Persons prescribed by Presidential Decree such as producers with recycling obligations, cooperatives, producers of recycled products and collectors of recyclable resources may establish an association for the facilitation of recycling (hereinafter referred to as the "Resources Recycling Association"), with the permission of the Minister of Environment as prescribed by Presidential Decree. |
| (2) | The Minister of Environment may subsidize the expenses incurred in the operation of the Resources Recycling Association within the budgetary limit. |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 35-2 Deleted. <Nov. 28, 2017> |
| Article 35-3 Deleted. <Nov. 28, 2017> |
| Article 36 (Reporting and Inspections) |
| (1) | The Minister of Environment, the competent Minister, the Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may require any of the following persons to file a necessary report or submit data in cases prescribed by Ordinance of the Ministry of Environment, such as where it is necessary for ascertaining whether the relevant person complies with the standards under the subparagraphs of Article 9 (1) and the standards under Article 9-2, and may direct a relevant public official to inspect relevant documents, facilities, equipment, etc. by entering the facility, place of business, workplace, etc.: <Amended on May 22, 2013; Aug. 13, 2013; Jan. 21, 2014; Jan. 20, 2015; Dec. 24, 2018; Nov. 26, 2019; Jun. 9, 2020> |
| 1. | Manufacturers, etc. referred to in Article 9 (1); |
| 3. | Manufacturers or importers subject to waste charges imposed under Article 12; |
| 5. | Business entities subject to security deposit under Article 15-2 and persons prescribed by Presidential Decree; |
| 5-2. | The Container Deposit System Management Organization under Article 15-6; |
| 6. | Producers with recycling obligations under Article 16; |
| 7. | Outsourcing contractors that assume the recycling of products and packing materials under a contract with producers with recycling obligations under Article 16 (3) 2; |
| 8. | Designated recycling business entities referred to in Article 23; |
| 9. | Designated by-product discharging business entities referred to in Article 25; |
| 10. | Persons who install and operate energy recovery facilities under Article 25-3; |
| 11. | Importers or manufacturers of solid fuels reported under Article 25-4; |
| 14. | Distribution support centers established under Article 28-2. |
| (2) | Public officials who enter any place of business for inspections under paragraph (1) shall carry certificates indicating their authority and produce them to relevant persons. |
| (3) | A person referred to in paragraph (1) 3, 5 through 10, 13 and 14 shall keep books of accounts and keep records and preserve them, as prescribed by Ordinance of the Ministry of Environment. <Amended on Jan. 21, 2014> |
| (4) | In order to direct a public official to conduct an on-site inspection pursuant to paragraph (1), the Minister of Environment, the competent Ministers, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of each Si/Gun/Gu shall inform the relevant inspectee of the inspection plan that includes the date and details of, and grounds for such inspection, seven days prior to the scheduled date of such inspection: Provided, That the same shall not apply where urgent notice is required or giving a prior notice can defeat the purposes of the inspection due to the destruction of evidence, etc. <Amended on Jan. 21, 2014; Jan. 20, 2015> |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 36-2 (Building and Operation of Operation and Management Information System) |
| (1) | The Minister of Environment may build and operate an operation and management information system necessary for processing matters prescribed by Ordinance of the Ministry of Environment (hereinafter referred to as "operation and management information system"), such as management of information on the fulfillment of obligations by producers with recycling obligations, cooperatives, distribution support centers, etc. and on the transfer and receipt of containers, etc. or recyclable resources. <Amended on Jun. 9, 2020> |
| (2) | The Minister of Environment may, where deemed necessary, authorize a relevant specialized institution, such as the Corporation, to perform duties related to the building and operation of the operation and management information system on behalf of the Minister. |
| (3) | Where the Minister of Environment authorizes the relevant specialized institution to perform the duties on his or her behalf under paragraph (2), he or she may grant subsidies to cover the expenses incurred. |
[This Article Newly Inserted on Jan. 20, 2015]
| Article 36-3 (Obligation of Preparation and Submission of Management Cards by Producers with Recycling Obligations) |
| (1) | Any producers with recycling obligations, cooperatives, distribution support centers, and outsourcing contractors that assume the recovery, re-use, or recycling of containers, etc. or recyclable resources shall prepare and submit a management card stating information on the transfer, receipt, etc. of containers, etc. or recyclable resources (hereinafter referred to as "management card") in compliance with the guidelines publicly notified by the Minister of Environment: Provided, That where information on the transfer, receipt, etc. of containers, etc. or recyclable resources is transmitted through the operation and management information system, the management card shall be deemed prepared and submitted. <Amended on Jun. 9, 2020> |
| (2) | Information on confidential management or business information of individuals, corporations, or organizations, collected by operating the operation and management information system shall be protected, and shall not be used for a purpose other than for facilitating the recovery and recycling of recyclable resources. |
[This Article Newly Inserted on Jan. 20, 2015]
| Article 37 (Cooperation from Relevant Agencies) |
| (1) | The Minister of Environment may request the head of a relevant administrative agency to do any of the following if deemed necessary to attain the purpose of this Act. In such cases, the head of the relevant administrative agency shall comply with such request unless there is a compelling reason not to do so: <Amended on Nov. 28, 2017; Nov. 26, 2019> |
| 1. | Submit materials necessary for formulating policies to facilitate the saving and recycling of resources; |
| 2. | Other matters prescribed by Presidential Decree. |
| (2) | Where necessary for collecting the waste charges and recycling dues in arrears, the Minister of Environment may request the Minister of Land, Infrastructure and Transport and the head of the competent local government to provide a certified copy falling under any of the following subparagraphs. In such cases, the person so requested shall comply with such request, unless there is a compelling reason not to do so: <Newly Inserted on Nov. 26, 2019> |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 38 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Environment or the competent minster may delegate part of his or her authority under this Act to the Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, Do Governors, the Special Self-Governing Province Governor, or the heads of regional environmental offices, as prescribed by Presidential Decree. <Amended on Jan. 21, 2014> |
| (2) | The Minister of Environment or the competent minster may entrust part of his or her duties under this Act to a relevant specialized institution, such as the Corporation, as prescribed by Presidential Decree. <Amended on Feb. 6, 2009> |
[This Article Wholly Amended on Mar. 21, 2008]
The Ministry of Environment shall hold a hearing in any of the following circumstances: <Amended on Jan. 21, 2014; Nov. 28, 2017>
| 1. | Where the Minister intends to issue an order prohibiting the importation, manufacturing, or use of solid fuels pursuant to Article 25-10 (1) or the main clause of Article 25-10 (2); |
| 1-2. | Where the Minister intends to revoke permission to use solid fuels pursuant to Article 25-7 (4); |
| 2. | Where the Minister intends to revoke authorization pursuant to Article 28-5. |
[This Article Wholly Amended on Aug. 13, 2013]
CHAPTER VI? PENALTY PROVISIONS
| Article 39 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. <Amended on Nov. 28, 2017>
| 1. | A person who imports or manufactures solid fuels after filing a report by fraud or other improper means, in violation of Article 25-4 (1) or (2); |
| 2. | A person who imports or manufactures solid fuels after undergoing a quality inspection by fraud or other improper means, in violation of Article 25-5 (1); |
| 3. | A person who uses solid fuels without obtaining permission, in violation of Article 25-7 (1); |
| 3-2. | A person who obtains permission to use sold fuels pursuant to Article 25-7 (1) by fraud or other improper means; |
| 4. | A person who imports, manufactures or uses solid fuels during a period for prohibition, in violation of an order prohibiting the importation, manufacturing, or use of solid fuels under Article 25-10 (1) or the main clause of Article 25-10 (2). |
[This Article Wholly Amended on Jan. 21, 2014]
| Article 39-2 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended on Nov. 28, 2017; Dec. 24, 2018; Jan. 5, 2021>
| 1. | A person who manufactures, imports, or sells any packing materials or products subject to an order for suspension under Article 9-4 (2); |
| 1-2. | A person who allows a third person to import or manufacture solid fuels using his or her trade name or personal name, or lends his or her certificate of reports to a third person, in violation of Article 25-4 (7); |
| 2. | A person who imports or manufactures solid fuels non-compliant with quality standards (excluding moisture standard) under Article 25-5 (1); |
| 3. | A person fails to request an inspection necessary for placing a quality mark, in violation of Article 25-6 (2), or indicates differently from the results of the inspection under that paragraph; |
| 3-2. | A person who modifies any permitted matter for the use of solid fuels without obtaining permission for modification, in violation of Article 25-7 (2); |
| 3-3. | A person who violates the conditions attached pursuant to Article 25-7 (3); |
| 4. | A person who fails to undergo a regular inspection of his or her manufacturing facility and facility to use solid fuels, in violation of Article 25-8 (1); |
| 5. | A person who manufactures or uses solid fuels using a relevant facility without implementing an improvement order, in violation of Article 25-8 (3); |
| 6. | A person who fails to observe the permissible emission levels for dioxin, in violation of Article 25-9 (2). |
[This Article Newly Inserted on Jan. 21, 2014]
| Article 40 (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 an offense described in Article 39 or 39-2 in conducting the business affairs of the corporation or individual, not only shall the offender be punished but the corporation or individual shall be punished by a fine prescribed in the relevant Article: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business affairs to prevent such offense. [This Article Wholly Amended on Jan. 21, 2014]
| Article 41 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: <Newly Inserted on Nov. 26, 2019> |
| 1. | A person who fails to submit data or submits false data, in violation of Article 12 (8). |
| 2. | A person who fails to submit data or submits false data, in violation of Article 16 (6). |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Amended on May 22, 2013; Jan. 21, 2014; Jan. 20, 2015; Nov. 28, 2017; Dec. 24, 2018; Nov. 26, 2019; Jun. 9, 2020> |
| 1. | A person who fails to comply with the standards for the quality of packing materials, packing methods of products, and goals of the annual reduction of packing materials made of synthetic resin under Article 9 (1); |
| 2. | A person who disobeys an order to undergo an inspection under Article 9 (3); |
| 2-2. | A person who fails to undergo the evaluation of the quality and structure of packing materials or undergoes such evaluation by fraud or other improper means, in violation of Article 9-3 (2); |
| 2-3. | A person who fails to place a mark of the evaluation result of quality and structure or places a false mark on the surface of packing materials, in violation of Article 9-3 (3); |
| 3. | A person who uses, or offers a disposable product free of charge, in violation of Article 10; |
| 4. | A person who fails to place a separate discharge mark or places a false mark, in violation of Article 14; |
| 5. | A person who fails to refund the resource circulation deposits, in violation of Article 15-2 (3); |
| 6. | A person who fails to pay handling fees or treatment subsidies, in violation of Article 15-2 (4); |
| 6-2. | A person who fails to place a mark “resource circulation deposit refundable” and “reusable” or "recyclable", in violation of Article 15-2 (6); |
| 6-3. | A person who fails to comply with the matters to be observed by business entities subject to security deposit and others to facilitate the recovery, reuse, or recycling of containers, etc., in violation of Article 15-2 (7); |
| 7. | A person who uses unclaimed deposits, in violation of Article 15-3 (1); |
| 7-2. | A person who indicates certification without obtaining the certification for fulfilling his or her obligation to recycle, in violation of Article 17-2 (3); |
| 8. | A person who fails to take necessary measures, in violation of an order to take measures under Article 25-2 (2); |
| 9. | A person who imports or uses solid fuels without reporting, in violation of Article 25-4 (1) or (2); |
| 10. | A person who fails to report on modification, in violation of Article 25-4 (4); |
| 11. | A person who fails to place a quality mark, in violation of 25-6 (1); |
| 12. | A person who modifies any permitted matter for the use of solid fuels without filing a report on the modification, in violation of Article 25-7 (2); |
| 13. | A person who fails to observe any of the matters for environmental control, in violation of Article 25-9 (1); |
| 14. | A person who fails to report on succession to rights and obligations, in violation of Article 25-13 (2); |
| 15. | A person who fails to enter information in the information management system, in violation of Article 25-14 (2); |
| 16. | A person who fails to submit a report or data under Article 36 (1), submits a false report or data, or refuses, obstructs or evades a public official’s on-site inspection. |
| (3) | Any of the following persons shall be subject to an administrative fine not exceeding one million won: <Amended on May 22, 2013; Aug 13, 2013; Jan. 20, 2015; Nov. 26, 2019> |
| 1. | A person who disobeys an order to take measures issued under Article 12-3 (2); |
| 2. | A person who fails to submit a plan to fulfill the obligation for recovery and recycling, or a report on the outcomes of fulfilling the obligation for recovery and recycling under Article 18; |
| 3. | A person who fails to keep records or preserve books of accounts, or keeps false records under Article 36 (3). |
| (4) | Administrative fines provided for in paragraphs (1) through (3) shall be imposed and collected by the Minister of Environment, the competent Ministers, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu, as prescribed by Presidential Decree. <Newly Inserted on Jan. 21, 2014; Nov. 26, 2019> |
[This Article Wholly Amended on Mar. 21, 2008]
| Article 42 Deleted. <Jan. 21, 2014> |
ADDENDA <Act No. 6653, Feb. 4, 2002>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on January 1, 2003: Provided, That the amended provisions of Article 32 shall enter into force on the date of its promulgation. |
| (2) | The former provisions of Article 30 shall be repealed on the date of the promulgation of this Act. |
Article 2 (Preparatory Act)
The Minister of Environment may publicly notify the total quantity of mandatory recycling by products and packaging materials under the amended provisions of Article 17 (1) in consultation with the competent Ministers in order to enforce the amended provisions of Article 16 prior to the enforcement of this Act. Article 3 (Transitional Measures Concerning Deposit)
The imposition and collection of a deposit that was imposed or was to be imposed under the former provisions of Article 18 prior to the enforcement of this Act and the return of the deposit for products and containers that were collected and treated prior to the enforcement of this Act shall be governed by the former provisions. Article 4 (Transitional Measures Concerning Penalties)
The application of the penalties and administrative fines to any act committed prior to the enforcement of this Act shall be governed by the former provisions.
Article 5 Omitted.
Article 6 (Relationship to Other Statutes)
Where other statutes or regulations cite any provisions of the Act on the Promotion of Saving and Recycling of Resources as at the time this Act enters into force, if there are provisions corresponding thereto in this Act, the relevant provisions of this Act shall be deemed to have been cited in lieu of the former provisions.
ADDENDUM <Act No. 7021, Dec. 30, 2003>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 7023, Dec. 30, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 7296, Dec. 31, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 7464, Mar. 31, 2005>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures regarding Order to Undergo Inspection of Packing Method of Products and of Quality of Packaging Material) Any order issued under the former provisions of Article 9 (3) as at the time this Act enters into force shall be deemed an order issued by the head of a Si/Gun/Gu under the amended provisions of Article 9 (3). |
ADDENDUM <Act No. 7778, Dec. 29, 2005>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 22-2 and 41 (1) 6-3 shall enter into force on January 1, 2007.
ADDENDA <Act No. 7864, Mar. 3, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDUM <Act No. 8012, Sep. 27, 2006>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 8212, Jan. 3, 2007>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 8371, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 8405, Apr. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2008.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 8427, May 11, 2007>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 8466, May 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 8611, Aug. 3, 2007>
This Act shall enter into force on January 1, 2008.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That ... <omitted> ... among the Acts amended pursuant to Article 6 of the Addenda, the amendments to the Acts promulgated before this Act enters into force, but the enforcement dates of which have yet to arrive, shall enter into force on the dates on which the respective Acts take effect. Articles 2 through 7 Omitted.
ADDENDUM <Act No. 8948, Mar. 21, 2008>
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 8957, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No.9433, Feb. 6, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2010.
Articles 2 through 11 Omitted.
ADDENDA <Act No. 9584, Apr. 1, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on May 8, 2009.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 9685, May 21, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 10389, Jul. 23, 2010>
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.
ADDENDA <Act No. 10615, Apr. 28, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 10893, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 11262, Feb. 1, 2012>
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 11788, May 22, 2013>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 13-3 shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 12076, Aug. 13, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Waste Charges)
The amended provisions of Articles 12 (4) and 12-2 shall also apply to cases where any cause for the imposition of waste charges occurs before this Act enters into force.
ADDENDA <Act No. 12319, Jan. 21, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Quality Marks)
The amended provisions of Article 25-6 (1) and (2) shall begin to apply to the solid fuels imported or manufactured after this Act enters into force. Article 3 (Transitional Measures concerning Reporting on Manufacture of Solid Fuels and Reporting on Start of Use Thereof)
| (1) | A person who has obtained a certification of quality and grade of solid fuels pursuant to the former provisions of Article 25-3 (1) as at the time this Act enters into force shall be deemed to have reported on the manufacture of solid fuels pursuant to the amended provisions of Article 25-4. |
| (2) | A person who uses solid fuels pursuant to the former provisions of Article 25-3 (2) as at the time this Act enters into force shall be deemed to have reported on the start of use pursuant to the amended provisions of Article 25-4-7 (1) 1. |
Article 4 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
Former penalty provisions or provisions on administrative fines shall apply to violations committed before this Act enters into force.
ADDENDA <Act No. 13036, Jan. 20, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Prior Notice of On-Site Inspections)
The amended provisions of Article 36 (4) shall begin to apply to the on-site inspections to be conducted after this Act enters into force.
ADDENDUM <Act No. 14230, May 29, 2016>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14532, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into one year after the date of its promulgation: Provided, That, among the Acts amended pursuant to Article 6 of the Addenda, the amendments to the Acts promulgated before this Act enters into force, but the enforcement dates of which have yet to arrive, shall enter into force on the dates on which the respective Acts take effect. Articles 2 through 7 Omitted.
ADDENDA <Act No. 15101, Nov. 28, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2018: Provided, That the amended provisions of Article 25-7, subparagraph 1-2 of Article 38-2, subparagraphs 3 and 3-2 of Article 39, subparagraphs 3-2 and 3-3 of Article 39-2, and Article 41 (1) 12 shall enter into force one year after the date of its promulgation. Article 2 (Transitional Measures concerning Permission to Use Solid Fuels)
A person who has filed a report on the use of solid fuels under the former provisions as at the time the amended provisions of Article 25-7 (1) enter into force, shall be deemed to have obtained permission under the amended provisions. Article 3 Omitted.
ADDENDA <Act No. 16083, Dec. 24, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Standards for Quality and Structure)
With respect to any products manufactured or imported pursuant to the previous provisions as at the time this Act enters into force, or any products sold using those manufactured or imported, the amended provisions of Articles 9-2 through 9-5, subparagraph 1 of Article 39-2, and Article 41 (1) 2-2 and 2-3 shall not apply.
ADDENDA <Act No. 16611, Nov. 26, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 12 (2) 2, 19 (7), and 37 (2) shall enter into force on the date of its promulgation. Article 2 (Applicability)
The amended provisions of Articles 12 (4) 1 and 2 and 19 (3) 1 and 2 shall begin to apply to charges that fall into arrears as the payment deadline therefor expires after this Act enters into force. Article 3 (Transitional Measures concerning Duration of Voluntary Agreements)
Notwithstanding the amended provisions of Article 12 (2) 2, any item that has been covered by a voluntary agreement concluded under the previous provisions of Article 12 (2) 2 before this Act enters into force or any item that is being covered by a voluntary agreement as at the time this Act enters into force (including cases where an agreement is renewed on a fixed-term basis) shall be subject to such agreement until any of the following periods: | 1. | Item for which the total period of coverage by agreement is not less than five years as at December 31, 2022: Until December 31, 2022; |
| 2. | Item for which the total period of coverage by agreement is less than five years as at December 31, 2022: Up to five years from the date of an initial agreement. |
Article 4 (Transitional Measures concerning Additional Dues)
Additional dues concerning waste charges or recycling dues for which a notice of payment is given under the previous provisions of Articles 12 (4) and 19 (3) before this Act enters into force shall be governed by the previous provisions, notwithstanding the amended provisions of Articles 12 (4) 1 and 2 and 19 (3) 1 and 2.
ADDENDUM <Act No. 17326, May 26, 2020>
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Act No. 17426, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Articles 15-2 through 15-4, 16, 18, 36 (1) 5, 36-2, 36-3, and 41 shall enter into force two years after the date of the promulgation. Article 2 (Transitional Measures concerning Establishment of Container Deposit System Management Organization)
| (1) | The Container Deposit System Management Organization established under this Act shall succeed to the unclaimed deposits being managed by a distribution support center under the previous provisions as at the time this Act enters into force. |
| (2) | With respect to empty containers confirmed by a distribution support center pursuant to the previous provisions as at the time this Act enters into force, the Container Deposit System Management Organization shall refund and pay the relevant security deposit and handling fees in accordance with this Act. |
ADDENDA <Act No. 17847, Jan. 5, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 25-4 and subparagraph 1-2 of Article 39-2 shall enter into force one month after the date of the promulgation; the amended provisions of Article 34-5 (3) through (5) and Article 34-10 shall enter into force six months after the date of the promulgation; and the amended provisions of Article 19-2 shall enter into force one year after the date of the promulgation. Article 2 (Applicability to Reporting on Import and Manufacture of Solid Fuels)
The amended provisions of Article 25-4 (5) and (6) shall begin to apply to cases where a person files a report on the import and manufacture of solid fuels or a report on modification thereof after the enforcement dates referred to in the proviso of Article 1 of the Addenda.