CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prescribe matters necessary for the prohibition of manufacture, etc. of chemical weapons and biological weapons and for the control, etc. of manufacture, export and import of specific chemical substances, biological agents or toxins that can be used in the manufacture of chemical weapons and biological weapons in order to enforce the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction and the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction and to fulfill international obligations concerning the prohibition and control of chemical weapons and biological weapons.
[This Article Wholly Amended on Apr. 14, 2011]
The terms used in this Act are defined as follows:
| 1. | The term "chemical weapon" means any of the following: |
| (a) | A toxic chemical substances and its precursors: Provided, That where a toxic chemical and its precursors are used for purposes not prohibited by the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction (hereinafter referred to as the "Chemical Weapons Convention"), such cases shall be excluded; |
| (b) | A munition or device specifically designed to cause death or harm through the toxic properties of those toxic chemical substances specified in item (a); |
| (c) | Any equipment or means of delivery specifically designed for the purpose of using munitions or devices specified in item (b); |
| 2. | The term "purposes not prohibited by the Chemical Weapons Convention" means any of the following purposes: |
| (a) | Industrial, agricultural, medical, pharmaceutical, research, or other peaceful purposes; |
| (b) | Protective purposes directly related to the protection of human lives and bodies and the environment against toxic chemical substances and chemical weapons; |
| (c) | Military purposes not connected with the use of chemical weapons and not dependent on the use of the toxic properties of chemical substances as a method of warfare; |
| (d) | Law enforcement purposes including riot control purposes. In such cases, substances that can be used for riot control shall be limited to chemical substances that do not correspond to specific chemical substances and which can rapidly produce human sensory irritation and disabling physical effects which disappear within a short time; |
| 3. | The term "toxic chemical" means a chemical which, through its chemical action on living creatures, can cause death, temporary incapacitation or permanent harm to humans or animals; |
| 4. | The term "precursor" means a chemical reactant which is put in at any production stage of a toxic chemical; |
| 5. | The term "specific chemical" means a chemical which can be used in the production of chemical weapons, which refers to any of Categories I to III chemical substances listed in the Table; |
| 6. | The term "discrete organic chemical" means any kind of chemical compositions composed of all carbon compounds identifiable by chemical name, structural formula, and Chemical Abstracts Service registry number, which is prescribed by Presidential Decree; |
| 7. | The term "biological weapon" means any of the following: |
| (a) | A biological agent or toxin: Provided, That where it is used for the prevention and treatment of diseases or for other peaceful purposes, such cases shall be excluded; |
| (b) | Any equipment or means of delivery designed for the purpose of charging and using biological agents or toxins prescribed in item (a); |
| 8. | The term "biological agents" means naturally existing or genetically modified microorganisms or viruses which cause death, withering to death, diseases, temporary incapacitation, or permanent harm to humans, animals or plants, which are prescribed by Presidential Decree; |
| 9. | The term "toxin" means a substance which causes death, withering to death, diseases, temporary incapacitation, or permanent harm to humans, animals or plants, among substances produced within living organisms, which is prescribed by Presidential Decree; |
| 10. | The term "production" means any of the following: |
| (a) | To form (or temporarily form) a different kind of chemical substance by causing a chemical reaction of a chemical substance according to the purpose of use; |
| (b) | To culture, extract, or synthesize biological agents or toxins, or to modify the genes of organisms or biological agents producing toxins; |
| 11. | The term "processing" means a physical process, such as formulation, extraction and purification, in which a chemical is not converted into another chemical; |
| 12. | The term "consumption" means conversion of a chemical into another chemical via a chemical reaction as a result of the use of a chemical; |
| 13. | The term "International Organization" means the Organization for the Prohibition of Chemical Weapons established in accordance with Article 8 of the Chemical Weapons Convention; |
| 14. | The term "international inspection" means an inspection carried out by the Technical Secretariat of the International Organization in accordance with the Chemical Weapons Convention; |
| 15. | The term "facility agreement" means an agreement on inspections applicable to facilities subject to international inspections, which is concluded between the Republic of Korea and the International Organization. |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 3 Deleted. <Apr. 28, 2006> |
| Article 4 (Cooperation with International Organization) |
With regard to the implementation of the Chemical Weapons Convention or the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction (hereinafter referred to as the "Biological Weapons Convention"), the Minister of Foreign Affair shall represent the Government and take charge of cooperation and negotiation with the International Organization and other States Parties to the Conventions. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Apr. 14, 2011]
CHAPTER I-2 PROHIBITION OF PRODUCTION OF CHEMICAL WEAPONS AND BIOLOGICAL WEAPONS
| Article 4-2 (Obligations to Prohibit Chemical Weapons and Biological Weapons) |
| (1) | No person shall develop, produce, otherwise acquire, possess, stockpile, transfer, transport, or use chemical weapons or biological weapons, or assist, or encourage, anyone to engage in such activities. |
| (2) | No person shall produce, otherwise acquire, possess, stockpile, transfer, transport or use chemical substances, biological agents or toxins for the purpose of developing or producing chemical weapons or biological weapons. |
[This Article Wholly Amended on Apr. 14, 2011]
CHAPTER II CONTROL OF PRODUCTION OF CATEGORY I CHEMICAL SUBSTANCES, BIOLOGICAL AGENTS AND TOXINS
| Article 5 (Permission to Produce Category I Chemical Substances) |
| (1) | A person who intends to produce Category I chemical substances shall obtain permission from the Minister of Trade, Industry and Energy, according to the requirements and procedures prescribed by Presidential Decree for the purposes of use, facilities, quantities, etc. of chemical substances to be produced. The same shall also apply to the change of permitted matters: Provided, That where he or she intends to change insignificant matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy, he or she shall report to the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013> |
| (2) | Upon receipt of a report on changes under the proviso of paragraph (1), the Minister of Trade, Industry and Energy shall examine the details thereof and accept the report if it conforms to this Act. <Newly Inserted on Feb. 3, 2022> |
| (3) | If Category I chemical substances requiring permission fall under any of the chemical substances subject to the registration pursuant to Article 10 of the Act on Registration and Evaluation of Chemical Substances, the Minister of Trade, Industry and Energy shall consult with the Minister of Environment prior to granting permission pursuant to paragraph (1). <Amended on Mar. 23, 2013; Jun. 4, 2013; Feb. 3, 2022> |
| (4) | A person who has obtained permission to produce Category I chemical substances (hereinafter referred to as "permitted producer") pursuant to paragraph (1) shall be deemed to have filed for registration of such Category I chemical substances, and to have undergone hazard reviews and risk assessments thereof, pursuant to Articles 10, 18, and 24. <Amended on Jun. 4, 2013; Feb. 3, 2022> |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 5-2 (Reporting on Production of Biological Agents or Toxins) |
| (1) | A person who intends to produce biological agents or toxins (hereinafter referred to as "biological agents, etc.") shall, in advance, report to the Minister of Trade, Industry and Energy the purpose of use, quantities, etc. of biological agents, etc. to be produced. The same shall also apply to the change of reported matters. <Amended on Mar. 23, 2013> |
| (2) | Upon receipt of a report or a report on changes under the former or latter part of paragraph (1), the Minister of Trade, Industry and Energy shall examine the details thereof and accept the report if it conforms to this Act. <Newly Inserted on Feb. 3, 2022> |
| (3) | Matters necessary for details of, procedures, etc. for the reporting under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Feb. 3, 2022> |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 6 (Grounds for Disqualification) |
Any of the following persons may neither obtain permission under Article 5 nor report under Article 5-2: <Amended on Jan. 21, 2014> | 1. | A person for whom three years have not passed since the date on which his or her permission for production was cancelled pursuant to Article 8 or he or she was ordered to shut down production facilities pursuant to Article 8-2; |
| 2. | An incompetent person under the adult guardianship; |
| 3. | A person declared bankrupt and yet to be reinstated; |
| 4. | A person for whom two years have not passed since his or her imprisonment without labor or greater punishment declared by a court, for violation of this Act or an order issued under this Act, was completed or the non-execution of the sentence became final; |
| 5. | A person who is under the suspension of the execution declared by a court, for violation of this Act or an order issued under this Act; |
| 6. | A corporation, one of whose executive officers falls under any of the subparagraphs 1 through 5. |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 6-2 (Recommendations on Preparation of Security and Management Plans) |
| (1) | The Minister of Trade, Industry and Energy may recommend persons who have reported under Article 5-2 (hereinafter referred to as "declared producer") to prepare, submit and implement a security and management plan specifying the designation, etc. of a protection area to maintain the security of biological agents, etc. <Amended on Mar. 23, 2013> |
| (2) | The contents of a security and management plan under paragraph (1), guidelines for preparing such plan and other necessary matters shall be prescribed by Ordinance of the Ministry of Trade, Industry and Energy. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 6-3 (Support for Preparation of Security and Management Plans) |
| (1) | Where a declared producer intends to prepare, submit and implement a security and management plan upon a recommendation under Article 6-2 (1), the Minister of Trade, Industry and Energy may provide necessary support. <Amended on Mar. 23, 2013> |
| (2) | Persons entitled for support under paragraph (1), standards and procedures therefor and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 7 (Succession to Status) |
| (1) | Any of the following persons who intends to succeed to the status of a permitted producer or declared producer shall report such fact to the Minister of Trade, Industry and Energy within 30 days from the date of the relevant inheritance, transfer, or merger, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy: <Amended on Feb. 3, 2022> |
| 1. | Where a permitted producer or declared producer dies, a successor thereto; |
| 2. | Where a permitted producer or declared producer transfers his or her business, a transferee; |
| 3. | Where a permitted producer or declared producer merges with another juristic person, a juristic person surviving such merger or a juristic person established following such merger. |
| (2) | Upon receipt of a report under paragraph (1), the Minister of Trade, Industry and Energy shall examine the details thereof and accept such report if it conforms to this Act; and he or she shall not accept the report if a person who intends to succeed to the status of a permitted producer or declared producer falls under any of the subparagraphs of Article 6. <Amended on Feb. 3, 2022> |
| (3) | Where a report under paragraph (1) is accepted, an heir, a transferee, or a corporation established by or surviving a merger shall succeed to the status of the previous permitted producer or declared producer from the date of the relevant inheritance, transfer, or merger. <Newly Inserted on Feb. 3, 2022> |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 8 (Cancellation of Permission to Produce Category I Chemical Substances) |
| (1) | Where a permitted producer falls under any of the following, the Minister of Trade, Industry and Energy may cancel permission for production under Article 5 (1) or issue an order to fully or partially suspend his or her production activities (hereafter in this paragraph referred to as "order to suspend production") for a specified period of up to three months (hereafter in this paragraph referred to as "period of suspension of production"): Provided, That in cases falling under subparagraph 1, 4, 18 or 19, permission for production shall be cancelled: <Amended on Mar. 23, 2013; Feb. 3, 2022> |
| 1. | Where he or she obtains permission for production pursuant to the former part of Article 5 (1) by fraud or other improper means; |
| 2. | Where he or she obtains permission for change or reports on change pursuant to the latter part of Article 5 (1) and proviso thereof by fraud or other improper means, or he or she fails to obtain permission for change or fails to report on change pursuant to the latter part of that paragraph and proviso thereof; |
| 3. | Where he or she fails to fulfill requirements for permission pursuant to Article 5 (1); |
| 4. | Where he or she falls under any of the subparagraphs of Article 6; |
| 5. | Where he or she fails to report under Articles 7 (1) and 9 (1); |
| 6. | Where he or she fails to destroy Category I chemical substances, in violation of Article 10 (1); |
| 7. | Where he or she fails to report pursuant to Article 10 (3) or submits a false report; |
| 8. | Where he or she destroys Category I chemical substances, in violation of an order under the former part of Article 10 (5); |
| 9. | Where he or she obtains permission or permission for change pursuant to Article 11 (1) by fraud or other improper means, or fails to obtain permission or permission for change pursuant to that paragraph; |
| 10. | Where he or she fails to report pursuant to Article 11 (2) or submits a false report; |
| 11. | Where he or she obtains permission or permission for change pursuant to Article 12 (1) by fraud or other improper means or fails to obtain permission or permission for change pursuant to that paragraph; |
| 12. | Where he or she fails to report pursuant to Article 12 (2) or submits a false report; |
| 13. | Where he or she fails to report pursuant to Article 13 (1) or (3) or submits a false report; |
| 14. | Where he or she refuses, obstructs or evades an international inspection, in violation of Article 17 (4); |
| 15. | Where he or she refuses, obstructs or evades measures necessary for administrative supervision, in violation of Article 18 (2); |
| 16. | Where he or she fails to keep, record, maintain or preserve books, keeps false records or fails to preserve data, in violation of Article 21 (1) and (2); |
| 17. | Where he or she fails to submit data pursuant to Article 21 (3), submits false data, or gives false answers; |
| 18. | Where he or she produces chemical substances during the period of suspension of production; |
| 19. | Where a person who has been ordered to suspend production two times in the last one year, once again falls under any of the subparagraphs 2, 3, and 5 through 17. |
| (2) | Where a permitted producer falls under any of the following, the Minister of Trade, Industry and Energy shall not apply paragraph (1) for three months from the date on which inheritance commences or a juristic person becomes to fall under subparagraph 6 of Article 6: <Amended on Mar. 23, 2013> |
| 1. | Where an inheritor who succeeds to the status of the permitted producer falls under any of the subparagraphs of Article 6; |
| 2. | Where a juristic person falls under subparagraph 6 of Article 6. |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 8-2 (Suspension of Production of Biological Agents) |
| (1) | Where a declared producer falls under any of the following, the Minister of Trade, Industry and Energy may issue an order to fully or partially suspend his or her production activities (hereafter in this paragraph referred to as "order to suspend production") for a specified period of up to three months (hereafter in this paragraph referred to as "period of suspension of production") or to shut down his or her production facilities (hereafter in this paragraph referred to as "order to shut down production facilities"): Provided, That in cases falling under subparagraph 1, 3, 16 or 17, an order to shut down production facilities shall be issued: <Amended on Mar. 23, 2013; Oct. 31, 2017; Feb. 3, 2022> |
| 1. | Where he or she reports pursuant to the former part of Article 5-2 (1) by fraud or other improper means or produces biological agents, etc. without any reporting; |
| 2. | Where he or she fails to report on changes pursuant to the latter part of Article 5-2 (1) or submits a false report on changes; |
| 3. | Where he or she falls under any of the grounds for disqualification pursuant to subparagraphs of Article 6; |
| 4. | Where he or she fails to report under Articles 7 (1) and 9 (1); |
| 5. | Where he or she fails to destroy biological agents, etc., in violation of Article 10 (1); |
| 6. | Where he or she fails to report pursuant to Article 10 (3) or submits a false report; |
| 7. | Where he or she destroys biological agents, etc., in violation of an order under the former part of Article 10 (5); |
| 8. | Where he or she obtains permission or permission for change pursuant to Article 11 (1) by fraud or other improper means, or fails to obtain permission or permission for change pursuant to that paragraph; |
| 9. | Where he or she fails to report pursuant to Article 11 (2) or submits a false report; |
| 10. | Where he or she obtains permission or permission for change pursuant to Article 12 (1) (including permission specified in any subparagraph of Article 12 (6)) by fraud or other improper means or fails to obtain permission or permission for change pursuant to that paragraph; |
| 11. | Where he or she fails to report pursuant to Article 12 (2) or submits a false report; |
| 12. | Where he or she fails to report pursuant to Article 13-2 or submits a false report; |
| 13. | Where he or she refuses, obstructs or evades a periodical inspection or occasional inspection pursuant to Article 18-2; |
| 14. | Where he or she fails to keep, record, maintain or preserve books in violation of Article 21 (1) and (2), keeps false records or fails to preserve data; |
| 15. | Where he or she fails to submit data pursuant to Article 21 (3), submits false data, or gives false answers; |
| 16. | Where he or she produces biological agents, etc. during the period of suspension of production; |
| 17. | Where a person who has been ordered to suspend production two times in the last one year, once again falls under any of the subparagraphs 2 and 4 through 15. |
| (2) | Article 8 (2) shall apply mutatis mutandis to declared producers. |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 9 (Reporting on Discontinuance of Production) |
| (1) | Where a permitted producer or declared producer intends to discontinue producing Category I chemical substances or biological agents, etc., he or she shall, in advance, report to the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013> |
| (2) | Where a report is submitted pursuant to paragraph (1), permission to produce Category I chemical substances pursuant to Article 5 (1) or a report on the production of biological agents, etc. pursuant to Article 5-2 (1) shall lose effect. |
[This Article Wholly Amended on Apr. 14, 2011]
| (1) | If a permitted producer or declared producer falls under any of the following, he or she shall destroy Category I chemical substances or biological agents, etc. in possession within three months: Provided, That in cases falling under subparagraph 3, he or she shall destroy only Category I chemical substances exceeding the quantities permitted for production: |
| 1. | Where he or she has received a disposition to cancel permission pursuant to Article 8, or has been issued an order to shut down production facilities pursuant to Article 8-2; |
| 2. | Where he or she has reported the discontinuance of production pursuant to Article 9 (1); |
| 3. | Where he or she has produced Category I chemical substances in excess of the permitted quantity. |
| (2) | A person who is obligated to destroy Category I chemical substances or biological agents, etc. pursuant to paragraph (1) (hereinafter referred to as "person obligated to destroy chemical substances, etc.") may transfer Category I chemical substances that have been already produced to another permitted producer within three months from the date of occurring grounds for the destruction of such chemical substances, etc. after obtaining approval from the Minister of Trade, Industry and Energy, and transfer biological agents, etc. that have been already produced to another declared producer after reporting to the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013> |
| (3) | A person obligated to destroy chemical substances, etc. shall report the types and quantities of Category I chemical substances or biological agents, etc. to be destroyed to the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013> |
| (4) | Upon receipt of a report under paragraph (2) or (3), the Minister of Trade, Industry and Energy shall examine the details thereof and accept it if such report conforms to this Act. <Newly Inserted on Feb. 3, 2022> |
| (5) | Upon receipt of a report under paragraph (3), the Minister of Trade, Industry and Energy shall order a person obligated to destroy chemical substances, etc. to adopt appropriate methods of destruction which are not likely to harm people's health and the environment. In such cases, the Minister of Trade, Industry and Energy shall, in advance, consult with the Minister of Environment on the methods of destruction of Category I chemical substances and with the Commissioner of the Korea Disease Control and Prevention Agency or the Minister of Agriculture, Food and Rural Affairs on the methods of destruction of biological agents, etc. <Amended on Mar. 23, 2013; Aug. 11, 2020; Feb. 3, 2022> |
[This Article Wholly Amended on Apr. 14, 2011]
CHAPTER III CONTROL OF EXPORT AND IMPORT OF SPECIFIC CHEMICAL SUBSTANCES AND BIOLOGICAL AGENTS
| Article 11 (Export Control) |
| (1) | A person who intends to export specific chemical substances or biological agents, etc. shall obtain permission therefor from the Minister of Trade, Industry and Energy after meeting the requirements prescribed by Presidential Decree with respect to the purpose of export, importing countries, etc. The same shall also apply where he or she intends to change permitted matters: Provided, That this shall not apply where he or she has obtained permission for the export of specific chemical substances, biological agents, etc. from the head of the competent administrative agency pursuant to Article 19 of the Foreign Trade Act. <Amended on Mar. 23, 2013> |
| (2) | Where a person who has obtained permission for export pursuant to paragraph (1) intends to transfer Category I chemical substances, biological agents, etc., he or she shall, in advance, report to the head of agency that has granted permission for export, as prescribed by Presidential Decree. In such cases, if he or she intends to transfer Category I chemical substances, he or she shall report by not later than 40 days before the date of transfer except for cases prescribed by Presidential Decree, in consideration of the purpose of export, export quantity, etc. |
| (3) | If the head of agency that grants permission receives a report pursuant to paragraph (2), he or she shall, without delay, notify the Minister of Foreign Affair and the Minister of National Defense of such report. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 12 (Import Control) |
| (1) | A person who intends to import Category I chemical substances, biological agents, etc. shall obtain permission therefor from the Minister of Trade, Industry and Energy after meeting the requirements prescribed by Presidential Decree with respect to the purpose of import, exporting countries, etc. The same shall also apply where he or she intends to change permitted matters. <Amended on Mar. 23, 2013> |
| (2) | Where a person who has obtained permission for import pursuant to paragraph (1) (including a person who is deemed to have obtained permission for import pursuant to paragraph (6)) intends to take over Category I chemical substances, biological agents, etc., he or she shall, in advance, report to the Minister of Trade, Industry and Energy, as prescribed by Presidential Decree. In such cases, if he or she intends to take over Category I chemical substances, he or she shall report by not later than 40 days before the date of takeover except for cases prescribed by Presidential Decree, in consideration of the purpose of import, import quantity, etc. <Amended on Mar. 23, 2013; Oct. 31, 2017> |
| (3) | If the Minister of Trade, Industry and Energy receives a report pursuant to paragraph (2), he or she shall, without delay, notify the Minister of Foreign Affair, the Minister of National Defense and the heads of relevant central administrative agencies of such report. <Amended on Mar. 23, 2013> |
| (4) | Article 5 (3) and (4) shall apply mutatis mutandis to permission for import of Category I chemical substances pursuant to paragraph (1). <Amended on Feb. 3, 2022> |
| (5) | Category II chemical substances shall not be imported from a country other than the State Parties to the Chemical Weapons Convention officially notified by the Minister of Trade, Industry and Energy. <Amended on Mar. 23, 2013> |
| (6) | Notwithstanding paragraph (1), where biological agents, etc. fall under any of the following subparagraphs, permission under paragraph (1) shall be deemed granted: <Newly Inserted on Oct. 31, 2017; Aug. 11, 2020> |
| (7) | Where the Minister of Agriculture, Food and Rural Affairs or the Commissioner of the Korea Disease Control and Prevention Agency grants permission specified in any subparagraph of paragraph (6), he or she shall inform the Minster of Trade, Industry and Energy of details of the permission without delay. <Newly Inserted on Oct. 31, 2017; Aug. 11, 2020> |
[This Article Wholly Amended on Apr. 14, 2011]
CHAPTER IV REPORTING ON QUANTITY OF SPECIFIC CHEMICAL SUBSTANCES OR BIOLOGICAL AGENTS TO BE PRODUCED OR POSSESSED
| Article 13 (Reporting on Production Quantity of Specific Chemical Substances) |
| (1) | A person who produces, processes or consumes specific chemical substances (in the case of Category III chemical substances, limited to a person who produces Category III chemical substances) shall report annually to the Minister of Trade, Industry and Energy on the plan and performance thereof. <Amended on Mar. 23, 2013> |
| (2) | A person who produces discrete organic chemical substances shall report annually to the Minister of Trade, Industry and Energy on the performance of production of discrete organic chemical substances. <Amended on Mar. 23, 2013> |
| (3) | A person who exports or imports specific chemical substances shall report annually to the Minister of Trade, Industry and Energy on the performance of exporting or importing specific chemical substances: Provided, That this shall not apply to a person who reports pursuant to Articles 11 (2) and 12 (2). <Amended on Mar. 23, 2013> |
| (4) | The detailed scope of subject matters to be reported and the period of reporting referred to in paragraphs (1) through (3) and other necessary matters shall be prescribed by Presidential Decree. |
| (5) | The Minister of Trade, Industry and Energy upon receipt of a report pursuant to paragraphs (1) through (3) shall, without delay, notify the Minister of Foreign Affair and the head of the competent central administrative agency of details of such report. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 13-2 (Reporting on Quantity of Biological Agents in Possession) |
| (1) | A person who possesses biological agents, etc. shall report to the Minister of Trade, Industry and Energy on the quantity of biological agents, etc. in his or her possession, details of how he or she has obtained them, etc. <Amended on Mar. 23, 2013> |
| (2) | Matters necessary for the contents, procedures, etc. of reporting under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Apr. 14, 2011]
CHAPTER V INTERNATIONAL INSPECTIONS AND EXAMINATIONS
| Article 14 (Conclusion of Facility Agreements) |
| (1) | The Minister of Foreign Affair shall conclude a facility agreement necessary for facilities subject to international inspections (including certain areas referred to in the Chemical Weapons Convention; hereinafter referred to as "facility subject to inspection") under the Verification Annex to the Chemical Weapons Convention with the International Organization. <Amended on Mar. 23, 2013> |
| (2) | Where the Minister of Foreign Affair intends to conclude a facility agreement in accordance with paragraph (1), the Minister shall, in advance, consult with the head of the central administrative agency in charge of facilities subject to inspection (hereinafter referred to as "competent authority"), and, if deemed necessary, may request a person who owns or operates facilities subject to inspection (hereinafter referred to as "person subject to inspection") to state his or her opinions or to submit the specifications, design drawings, etc. of relevant facilities. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 15 (Measures for International Inspections) |
| (1) | When the Minister of Foreign Affair is notified of an inspection plan by the International Organization, he or she shall, without delay, notify the competent authority of such plan. <Amended on Mar. 23, 2013> |
| (2) | When the competent authority is notified of an inspection plan pursuant to paragraph (1), it shall, without delay, take measures necessary for the inspection. |
| (3) | For the purpose of taking measures pursuant to paragraph (2), the competent authority may request the head of relevant administrative agency or local government to provide cooperation. In such cases, the head of relevant administrative agency or local government shall comply with such request except in exceptional circumstances. |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 16 (Authority of International Inspection Teams) |
| (1) | An international inspection team and relevant public officials of a competent authority may inspect documents and books of account, take samples, take photographs, seek opinions from personnel in charge of facilities in facilities subject to inspection, or exercise any other authority granted under a facility agreement. |
| (2) | Inspectors of an international inspection team (hereinafter referred to as "inspectors") and public officials of a competent authority shall carry certificates indicating their authority and produce them to persons subject to inspection. |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 17 (Authority of Competent Authorities and Rights of Persons Subject to Inspection) |
| (1) | During the whole period of an international inspection, competent authorities shall exercise authority as the representative of the inspected State party pursuant to the Chemical Weapons Convention and be responsible for the international inspection. |
| (2) | A person subject to inspection may take measures necessary for protecting facilities, equipment, confidential data or other information which is not subject to international inspection pursuant to the Chemical Weapons Convention before or during the international inspection. |
| (3) | During an international inspection, a person subject to inspection may refuse to answer questions asked by an inspector if those questions are not relevant to the notified purposes of inspection: Provided, That if the head of the inspection team asks the questions of the same contents in writing again, such person shall submit data necessary for explaining reasons for the refusal. |
| (4) | Persons subject to inspection shall not refuse, obstruct or evade an international inspection, and shall cooperate in an international inspection so that it may be implemented smoothly. |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 18 (Administrative Supervision) |
| (1) | For the purpose of the implementation of this Act, international inspections, and the Chemical Weapons Convention, a competent authority may require affiliated public officials to inspect documents and books of account, take samples, seek opinions from interested persons or take measures necessary for administrative supervision prescribed by Presidential Decree within the facilities subject to inspection. |
| (2) | No persons subject to inspections shall refuse, obstruct or evade measures under paragraph (1). |
| (3) | For the purpose of exercising authority under paragraph (1), the competent authority may request the head of a relevant administrative agency or local government to provide cooperation. In such cases, the head of the relevant administrative agency or local government shall comply with such request except in exceptional circumstances. |
| (4) | Relevant public officials of a competent authority who exercise authority under paragraph (1) shall carry certificates indicating their authority and produce them to persons subject to inspection. |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 18-2 (Periodical Inspections and Occasional Inspections) |
| (1) | The Minister of Trade, Industry and Energy may periodically or occasionally inspect the following matters: <Amended on Mar. 23, 2013> |
| 1. | The production facilities of declared producers, current state of production and the current state of management of biological agents, etc.; |
| 2. | The current state of biological agents, etc. possessed by persons who are obligated to report pursuant to Article 13-2 and the current management thereof. |
| (2) | Periodical inspections under paragraph (1) shall be conducted once in a period prescribed by Presidential Decree, which shall not exceed two years. |
| (3) | Notwithstanding paragraphs (1) and (2), the Minister of Trade, Industry and Energy may exempt any of the following persons from all or some of periodical inspections: <Amended on Mar. 23, 2013> |
| 1. | A person who prepared and submitted a security and management plan under Article 6-2 (1) and has executed such plan; |
| 2. | A person who has shown excellent performance in periodical inspections and occasional inspections during the last two years; |
| 3. | Other persons prescribed by Presidential Decree. |
| (4) | The objects and standards of periodical inspections and occasional inspections under paragraph (1) and other necessary matters concerning inspections shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Apr. 14, 2011]
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 19 (Exceptions to National Research Facilities) |
National research facilities (including government-funded research institutions prescribed by the Act on the Establishment, Operation, Fostering of Government-Funded Science and Technology Research Institutions) prescribed by Presidential Decree which are established for the purpose of protecting people's lives and health from chemical weapons or biological weapons may produce Category I chemical substances without obtaining permission for production under Article 5 (1), or produce biological agents, etc. without submitting a report under Article 5-2 insofar as the production quantity does not exceed the quantity prescribed by Presidential Decree. [This Article Wholly Amended on Apr. 14, 2011]
| Article 19-2 (Support for Research on Tie Chemical Substances and Biological Substances) |
| (1) | The Government may provide support necessary to revitalize the research, development and propagation of tie chemical substances and biological substances that can minimize damage inflicted on humans, animals or plants by specific chemical substances or biological agents, etc., which are used to produce chemical weapons or biological weapons. |
| (2) | The objects and standards of support under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 20 (Protection of Confidential Information) |
No persons who have obtained confidential information in connection with the enforcement of this Act, the Chemical Weapons Convention, and the Biological Weapons Convention, and in the course of the fulfillment of other international obligations concerning the prohibition and control of chemical weapons or biological weapons shall use it for other purposes or divulge it.
[This Article Wholly Amended on Apr. 14, 2011]
| Article 21 (Keeping of Books) |
| (1) | Permitted producers, declared producers, and persons obligated to report pursuant to Articles 13 and 13-2 (hereafter in this Article referred to as "persons obligated to keep books") shall record the following matters in books, and keep and maintain such books: |
| 1. | The quantity of specific chemical substances and discrete organic chemical substances produced, processed, consumed, exported and imported; |
| 2. | The quantity of biological agents, etc. produced and possessed; |
| 3. | Other matters prescribed by Presidential Decree. |
| (2) | The books under paragraph (1) and data regarding international inspections and administrative supervision under Chapter V shall be preserved, as prescribed by Presidential Decree. |
| (3) | For the purpose of the enforcement of the Chemical Weapons Convention and the Biological Weapons Convention, the Minister of Trade, Industry and Energy may request persons obligated to keep books to submit data as prescribed by Presidential Decree, and may require relevant public officials to ask questions to persons obligated to keep books or other interested persons. <Amended on Mar. 23, 2013> |
| (4) | The public officials who ask questions pursuant to paragraph (3) shall carry a certificate indicating their authority and produce it to persons to be asked questions. |
[This Article Wholly Amended on Apr. 14, 2011]
Where the Minister of Trade, Industry and Energy intends to cancel permission pursuant to Article 8 or order to shut down a production facility pursuant to Article 8-2, he or she shall hold a hearing. <Amended on Mar. 23, 2013> [This Article Wholly Amended on Apr. 14, 2011]
| Article 23 (Delegation of Powers) |
| (1) | The Minister of Trade, Industry and Energy and a competent authority may delegate some of authority under this Act to a Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or the Governor of a Special Self-Governing Province, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013> |
| (2) | The Minister of Trade, Industry and Energy may entrust the following duties to juristic persons or organizations involved in the chemical industry or biological industry and having expertise in chemical weapons or biological weapons, as prescribed by Presidential Decree: <Amended on Mar. 23, 2013> |
| 1. | Support for the preparation, etc. of a security and management plan under Article 6-3; |
| 2. | Receipt of reports on the quantity of specific chemical substances produced under Article 13; |
| 3. | Receipt of reports on the quantity of biological agents, etc. possessed under Article 13-2. |
| (3) | The Minister of Trade, Industry and Energy may support full or some of necessary expenses to juristic persons or organizations entrusted with duties pursuant to paragraph (2) to the necessary extent. <Amended on Mar. 23, 2013> |
| (4) | The Minister of Trade, Industry and Energy and a competent authority may order the heads of local governments delegated with authority pursuant to paragraph (1), or juristic persons or organizations entrusted with duties pursuant to paragraph (2) to submit necessary reports. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 24 (Legal Fiction as Public Officials for Purpose of Penalty Provisions) |
[This Article Wholly Amended on Apr. 14, 2011]
CHAPTER VII PENALTY PROVISIONS
| Article 25 (Penalty Provisions) |
| (1) | Any person who develops, produces, acquires, possesses, stockpiles, transfers, transports or uses chemical weapons or biological weapons, or supports or recommends other persons to perform as such, in violation of Article 4-2 (1), shall be punished by imprisonment with labor for an indefinite term or for not less than five years, or by a fine not exceeding 100 million won. |
| (2) | Any person who inflicts harm on human lives, health or property or disturbs public peace by using chemical weapons or biological weapons shall be punished by capital punishment or by imprisonment with labor for an indefinite term or for not less than seven years. |
| (3) | Any person who is guilty of attempting the offenses under paragraphs (1) and (2) shall be punished. |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 26 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for not more than seven years or by a fine not exceeding 70 million won: <Amended on Mar. 21, 2017> |
| 1. | A person who produces, acquires, possesses, stockpiles, transfers, transports or uses chemical substances, biological agents, etc., in violation of Article 4-2 (2); |
| 2. | A person who produces Category I chemical substances without obtaining permission under Article 5 (1); |
| 3. | A person who refuses, obstructs or evades an international inspection under Article 17 (4); |
| 4. | A person who uses confidential information for other purposes or discloses it, in violation of Article 20. |
| (2) | Any person who is guilty of attempting the offenses under paragraphs (1) 1 shall be punished. |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 27 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won: <Amended on Mar. 21, 2017>
| 1. | A person who produces biological agents, etc. without submitting a report under the former part of Article 5-2 (1); |
| 2. | A person who fails to destroy Category I chemical substances or biological agents, etc., in violation of Article 10 (1); |
| 3. | A person who exports or imports specific chemical substances or biological agents, etc., in violation of Article 11 (1), or 12 (1) or (5); |
| 4. | A person who refuses, obstructs or evades measures necessary for administrative supervision, in violation of Article 18 (2). |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 28 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won: <Amended on Mar. 21, 2017; Feb. 3, 2022>
| 1. | A person who fails to report under the proviso of Article 5 (1) or submits a false report; |
| 2. | A person who fails to report on change under the latter part of Article 5-2 (1) or submits a false report on change; |
| 3. | A person who fails to report under Article 10 (3) or submits a false report, or who destroys Category I chemical substances or biological agents, etc., in violation of an order under the former part of paragraph (5) of that Article; |
| 4. | A person who fails to report under Article 11 (2) or 12 (2) or submits a false report; |
| 5. | A person who fails to report under Article 13 or 13-2 or submits a false report; |
| 6. | A person who refuses, obstructs or evades a periodical inspection or occasional inspection under Article 18-2; |
| 7. | A person who fails to keep, record, maintain or preserve books, keeps false records, or fails to preserve data, in violation of Article 21 (1) and (2). |
[This Article Wholly Amended on Apr. 14, 2011]
| Article 29 (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 any of the offenses referred to in Articles 25 (1) (including any person who is guilty of attempting the offense under paragraph (3) of that Article) or 26 through 28 in connection with the business affairs of the corporation or individual, not only shall such offender be punished, but also the corporation or individual shall be punished by a fine under the relevant provisions: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business affairs to prevent such offense. [This Article Wholly Amended on Dec. 26, 2008]
| Article 30 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: <Amended on Feb. 3, 2022> |
| 1. | A person who fails to report on the succession of status under Article 7 (1); |
| 2. | A person who fails to report on the discontinuance of production under Article 9 (1); |
| 3. | A person who fails to submit the specifications, design drawings, etc. of relevant facilities, in violation of Article 14 (2), or submits false data. |
| (2) | Any person who fails to submit data under Article 21 (3), submits false data, or gives false answers shall be subject to an administrative fine not exceeding five million won. |
| (3) | Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of Trade, Industry and Energy or the Minister of Foreign Affair. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Apr. 14, 2011]
ADDENDA <Act No. 5162, Aug. 16, 1996>
Article 1 (Enforcement Date)
This Act shall enter into force on the date on which the Convention enters into force for the Republic of Korea.
Article 2 (Transitional Measures concerning Report of Retention of Category I Chemicals)
A person (excluding facilities for the purpose of protection) who retains not less than 100g of Category I chemicals when this Act enters into force shall report the fact to the Minister of Commerce, Industry and Energy within 20 days after this Act enters into force.
Article 3 (Transitional Measures concerning Report of Manufacture, Export and Import, etc. of Specific Chemicals)
| (1) | A person (excluding facilities for the purpose of protection) who has manufactured Category I chemicals exceeding the quantity specified by Presidential Decree when this Act enters into force shall report the manufacture plan for and actual results of the relevant Category I chemicals within 20 days after this Act enters into force as prescribed by Presidential Decree. |
| (2) | If a person intends to change the reported manufacture plan pursuant to paragraph (1), he/she shall report the changed manufacture plan to the Minister of Commerce, Industry and Energy 6 months prior to the execution of that plan under the conditions as determined by the Presidential Decree. |
| (3) | If a person who has manufactured, processed or consumed category 2 chemicals exceeding the quantity as specified by the Presidential Decree in each of the three years preceeding the enforcement date of this Act or if a person who has exported or imported a category 2 chemical in the year preceeding the enforcement date of this Act, he shall report actual results of production, processing or consumption, or actual results of export or import to the Minister of Commerce, Industry and Energy within 20 days from the enforcement date of this Act under the conditions as determined by the Presidential Decree. |
| (4) | A person who manufactures, exports or imports category 3 chemicals exceeding the quantity as specified by the Presidential Decree in the year immediately before the year to which the enforcement date of this Act belongs shall report actual results of production, export or import to the Minister of Commerce, Industry and Energy within 20 days from the enforcement date of this Act under the conditions as determined by the Presidential Decree. |
| (5) | The production of a category 1 chemical under the reported production plan pursuant to paragraphs (1) and (2) shall be deemed to be performed with the permission of production as referred to in Article 5 (1). |
Article 4 (Transitional Measures concerning Report of Production of Discrete Organic Chemicals)
A person who manufactures discrete organic chemicals exceeding the quantity as specified by the Presidential Decree in the year immediately before the year to which the enforcement date of this Act belongs shall report the production results to the Minister of Commerce, Industry and Energy within 20 days from the enforcement date of this Act under the conditions as determined by the Presidential Decree.
Article 5 (Penalty Provisions)
A person who fails to file a report pursuant to Articles 2, 3 (1) through (4), and 4 of the Addenda or files a false report without good cause shall be punished by a fine not exceeding five million won.
ADDENDA <Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 7292, Dec. 31, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force beginning on the date on which one year lapses after its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Act No. 7948, Apr. 28, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2007.
Article 2 (Applicability to Permission for Export or Import of Biological Agents, etc.)
The amended provisions of Articles 11 and 12 shall apply starting with the portion that is first exported or imported after this Act enters into force. Article 3 (Transitional Measures concerning Report on Manufacture of Biological Agents, etc.)
Anyone who manufactures the biological agents, etc. (excluding any national research establishment provided for in the amended provisions of Article 19) at the time this Act enters into force shall make the report provided for in the amended provisions of Article 5-2 on or before the last day of February 2007. In this case, the quantity of the biological agents, etc. that have been held shall also be reported. Article 4 (Transitional Measures concerning Revocation of Manufacture Permission, etc.)
The revocation of the manufacture permission on the grounds of the act of violation, etc., which is committed prior to the enforcement of this Act, shall be governed by the previous provisions notwithstanding the amended provisions of Article 8. Article 5 (Transitional Measures concerning Report on Holding Quantity, etc. of Biological Agents, etc.)
Anyone who holds the biological agents, etc. at the time of the enforcement of this Act shall make the report thereon provided for in the amended provisions of Article 13-2 on or before the last day of February 2007: Provided, That the same shall not apply to anyone who meets all of the following requirements: | 1. | He is required to manufacture the total quantity of the biological agents, etc., which is held by him; |
| 2. | He is required to make the report provided for in the provisions of Article 4 of the Addenda. |
Article 6 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
The application of penalty provisions and administrative fines to acts committed before this Act enters into force shall be governed by the previous provisions.
ADDENDA <Act No. 8356, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 9253, Dec. 26, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 9505, Mar. 18, 2009>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 10592, Apr. 14, 2011>
This Act shall enter into force on 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.
ADDENDA <Act No. 11862, Jun. 4, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2015.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 12317, Jan. 21, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Incompetent Persons, etc.)
Incompetent persons under the adult guardianship referred to in the amended provision of subparagraph 2 of Article 6 shall be deemed to include persons for whom the declaration of incompetency or quasi-incompetency remains effective under Article 2 of the Addenda to the Civil Act (Act No. 10429).
ADDENDUM <Act No. 14680, Mar. 21, 2017>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 15001, Oct. 31, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Legal Fiction of Permission of Import of Biological Agents, etc.)
Amended provisions of Article 12 (6) 3 shall apply beginning with high-risk pathogens first permitted by the Minister of the Health and Welfare after this Act enters into force.
ADDENDA <Act No. 17472, Aug. 11, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation: Provided, That ··· <omitted> ··· amendments to Acts, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, among the Acts amended under Article 4 of these Addenda, shall enter into force on the enforcement dates of the relevant Acts, respectively. Articles 2 through 5 Omitted.
ADDENDUM <Act No. 18820, Feb. 3, 2022>
This Act shall enter into force on the date of its promulgation.