CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to protect citizens' health and the environment from hazards posed by persistent pollutants and to promote international cooperation by prescribing matters necessary for the control of persistent pollutants, such as dioxins, mercury and mercury compounds, which are prescribed by both the Stockholm Convention on Persistent Organic Pollutants and the Minamata Convention on Mercury for the implementation thereof. <Amended on Jan. 27, 2016>
The terms used in this Act are defined as follows: <Amended on Jan. 27, 2016; May 26, 2020; Jun. 10, 2022>
| 1. | The term "persistent pollutants" means chemical substances that pose hazards to people and ecosystems, having the characteristics of toxicity, persistence, bioaccumulation, long-range transportability, etc., which are prescribed by the Stockholm Convention on Persistent Organic Pollutants (hereinafter referred to as the “Stockholm Convention”) and the Minamata Convention on Mercury (hereinafter referred to as the “Minamata Convention”), and the details of which shall be determined and publicly notified by the Minister of Environment; |
| 2. | The term "discharge facilities" means facilities, machines, implements, or other objects prescribed by Ordinance of the Ministry of Environment that discharge persistent pollutants; |
| 3. | The term "wastes containing persistent pollutants" means trash, burnt ashes, sludge, waste oil, waste acid, waste alkali, etc. contaminated with persistent pollutants exceeding the standards for persistent pollutants content prescribed by Ordinance of the Ministry of Environment among the commercial wastes as defined in subparagraph 3 of Article 2 of the Wastes Control Act, which are wastes prescribed by Presidential Decree among substances that become unnecessary for citizens' lives or their business activities. |
| Article 3 (Scope of Application) |
| Article 4 (Relationship to Other Statutes) |
| (2) | Except as provided in this Act, the provisions of the Wastes Control Act shall apply mutatis mutandis to the control of wastes containing persistent pollutants. <Amended on Jan. 27, 2016; May 26, 2020> |
| Article 5 (Master Plan for Control of Persistent Pollutants) |
| (1) | The Minister of Environment shall establish a master plan for the control of persistent pollutants (hereinafter referred to as "Master Plan") every five years after consultation with the head of a related central administrative agency and the Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, Do Governors or the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") and then deliberation of the Central Environmental Preservation Advisory Committee under Article 58 (1) of the Framework Act on Environmental Policy. The same shall apply to any planned modification to the matters herein prescribed by Presidential Decree. <Amended on Feb 4, 2010; Jan. 27, 2016; Oct. 16, 2018> |
| (2) | The Master Plan shall contain the following matters: <Amended on Jan. 27, 2016> |
| 1. | General objectives of and direction-setting for advancement of the control of persistent pollutants; |
| 2. | Major plans for promoting the control of persistent pollutants; |
| 3. | Control conditions of persistent pollutants and prospect thereof; |
| 4. | Plans to raise funds for various projects concerning the control of persistent pollutants; |
| 5. | Plans for cooperation with international organizations and with foreign and domestic agencies concerning the control of persistent pollutants; |
| 6. | Matters necessary for the control of persistent pollutants. |
| (3) | Other matters necessary for the establishment of the Master Plan shall be prescribed by Presidential Decree. |
[Title Amended on Jan. 27, 2016]
| Article 6 (Implementation Plans for Persistent Pollutants) |
| (1) | The Minister of Environment and the head of a related central administrative agency shall establish and implement a detailed plan for the implementation of the Master Plan (hereinafter referred to as "implementation plan") every year. In such cases, the head of the related central administrative agency shall submit the implementation plan and the results of advancement to the Minister of Environment. |
| (2) | Matters necessary for the establishment and implementation of an implementation plan, submission of the results of advancement, etc. shall be prescribed by Presidential Decree. |
[Title Amended on Jan. 27, 2016]
| Article 7 Deleted. <Feb. 4, 2010> |
| Article 8 Deleted. <Feb. 4, 2010> |
| Article 9 (Establishment of Health-Based Guidance Values) |
| (1) | The Government may establish health-based guidance values which are levels of human exposure to persistent pollutants through respiration, skin contact, ingestion, etc., considered to be without health risk. <Amended on Jan. 27, 2016; Jun. 10, 2022> |
| (2) | A health based guidance value by kind of persistent pollutant under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Jan. 27, 2016; Jun. 10, 2022> |
[Title Amended on Jun 10, 2022]
| Article 10 (Establishment of Environmental Standards) |
| (1) | The Government shall establish environmental standards for persistent pollutants in order to protect the health of people and to create a comfortable environment, and shall strive to have the appropriateness thereof maintained as the environmental conditions change. <Amended on Jan. 27, 2016> |
| (2) | The environmental standards under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 11 (Installation and Operation of Measurement Network) |
| (1) | The Minister of Environment shall install a persistent pollutant measurement network (hereinafter referred to as "measurement network") to ascertain the situation of pollution by persistent pollutants of air, water, soil, river, sediment, living organisms nationwide, and measure pollution levels. <Amended on Jan. 27, 2016> |
| (2) | The Mayor/Do Governor and the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) may install a measurement network to ascertain the situation of pollution by persistent pollutants in his or her jurisdiction, and measure the pollution level. <Amended on Jan. 27, 2016> |
| (3) | The Minister of Environment shall establish and publicly notify a plan for the installation of a measurement network, which clearly states the location, district, items to be measured, measurement period, measuring frequency, etc. under paragraph (1). |
| (4) | Paragraph (3) shall apply mutatis mutandis to cases where a Mayor/Do Governor or the head of a Si/Gun/Gu installs a measurement network pursuant to paragraph (2). |
| (5) | Where a Mayor/Do Governor or the head of a Si/Gun/Gu installs and operates a measurement network under paragraph (2), the Minister of Environment may provide financial and technological support within the budget. |
| (1) | The Minister of Environment, a Mayor/Do Governor or the head of a Si/Gun/Gu may use land, or building or fixtures on the land in the district necessary for the installation of a measurement network or for the investigation into the conditions of pollution. |
| (2) | The Act on Acquisition of and Compensation for Land for Public Works shall apply mutatis mutandis to the procedures of use under paragraph (1) or to the compensation for loss, etc. |
CHAPTER II PROHIBITION OF OR RESTRICTION ON MANUFACTURE, EXPORTATION, IMPORTATION OR USE OF PERSISTENT POLLUTANTS
| Article 13 (Prohibition of, or Restriction on, Manufacture, Exportation, Importation, or Use of Persistent Pollutants) |
| (1) | No person shall manufacture, export, import, or use banned persistent pollutants (referring to the persistent organic pollutants prescribed in Annex A to the Stockholm Convention, however, excluding restricted substances and prohibited substances under subparagraphs 4 and 5 of Article 2 of the Chemical Substances Control Act and pesticides under the Pesticide Control Act; hereinafter referred to as “banned persistent pollutants”): Provided, That this shall not apply to cases falling under any of the following: <Amended on Feb. 1, 2012; Jan. 27, 2016> |
| 1. | Where banned persistent pollutants, the production or use of which is permitted for specific purposes under Annex A to the Stockholm Convention are manufactured, imported, exported, or used for such specific purposes; |
| 2. | Where banned persistent pollutants are manufactured, imported, exported, or used for purposes of testing, research or examination. |
| (2) | Those who intend to manufacture, export, import, or use banned persistent pollutants pursuant to the proviso of paragraph (1) shall comply with the standards for control prescribed by Presidential Decree, such as labeling on their containers or packages for safety control. <Newly Inserted on Feb. 1, 2012; Jan. 27, 2016> |
| (3) | Restricted persistent pollutants (referring to persistent organic pollutants prescribed in Annex B to the Stockholm Convention and mercury and mercury compounds prescribed in the Minamata Convention, however, excluding restricted chemicals and prohibited chemicals under subparagraphs 4 and 5 of Article 2 of the Chemical Substances Control Act and pesticides under the Pesticide Control Act; hereinafter referred to as “restricted persistent pollutants”) may be manufactured, exported, imported, or used only in any of the following cases: Provided, That no mercury emissions from chlor-alkali plants shall be manufactured, exported, imported, or used: <Newly Inserted on Jan. 27, 2016> |
| 1. | Where restricted persistent pollutants are manufactured, imported, exported, or used for purposes under Annex B to the Stockholm Convention; |
| 2. | Where restricted persistent pollutants are manufactured, imported, or exported for a purpose other than those for which the manufacture, import, or export is prohibited according to the phase-out date specified in Article 6 of the Minamata Convention and Part 1 of Annex A thereto; |
| 3. | Where restricted persistent pollutants are used for a purpose other than those for which the use is prohibited according to the phase-out date specified in Annex B to the Minamata Convention; |
| 4. | Where restricted persistent pollutants are manufactured, imported, exported, or used for purposes prescribed by Presidential Decree, such as testing, research or examination. |
| (4) | Those who intend to manufacture, export, import, or use restricted persistent pollutants shall comply with the standards for control prescribed by Presidential Decree, such as labeling on the containers or packages of restricted persistent pollutants for safety control. <Amended on Feb. 1, 2012; Jun. 4, 2013; Jan. 27, 2016> |
| (5) | A person falling under any of the following subparagraphs shall each time submit an application for export approval, specifying the main use, the country of import, the export volume, etc., and obtain approval from the Minister of Environment as prescribed by Ordinance of the Ministry of Environment. The same shall also apply to any modification to important matters prescribed by Ordinance of the Ministry of Environment among those so approved: <Amended on Oct. 16, 2018> |
| 1. | A person who seeks to export banned persistent pollutants, falling under paragraph (1) 1; |
| 2. | A person who seeks to export restricted persistent pollutants, falling under paragraph (3) 1; |
| 3. | A person who seeks to export mercury among restricted persistent pollutants, falling under paragraph (3) 2 or 3. |
| (6) | Detailed substances and uses falling under paragraphs (1) 1 and (3) 1 through 3 shall be determined and publicly notified by the Minister of Environment. <Newly Inserted on Jun. 10, 2022> |
[Title Amended on Jan. 27, 2016]
CHAPTER III REGULATION ON DISCHARGE OF PERSISTENT POLLUTANTS
| Article 14 (Permissible Discharge Standards) |
| (1) | Permissible discharge standards for persistent pollutants to be discharged from discharge facilities in the form of exhaust gas, waste water, etc. shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Feb. 1, 2012; Jan. 27, 2016> |
| (2) | When the Minister of Environment intends to legislate or amend the Ordinance of the Ministry of Environment under paragraph (1), he or she shall consult with the head of a related central administrative agency in advance. |
| (3) | A person who operates discharge facilities (hereinafter referred to as "discharge business operator") shall comply with the permissible discharge standards under paragraph (1) (excluding the permissible discharge standards for persistent pollutants in the form of waste water, in cases of persons who operate a zero wastewater discharge facility established under the proviso of Article 33 (1) and (2) of the Water Environment Conservation Act, among the discharge facilities established under subparagraph 2 of Article 15). <Amended on Feb. 1, 2012; Jan. 17, 2017> |
| (4) | When the Minister of Environment prescribes permissible discharge standards under paragraph (1), he or she shall consider whether the environmental standards under Article 10 can be maintained or achieved, whether the technology of reducing persistent pollutants is economical, applicable, etc. <Amended on Jan. 27, 2016> |
| Article 15 (Standards for Installation of Discharge Facilities) |
Any person who intends to obtain or file any of the following permits, approval, or reports shall be equipped with the facilities that can meet the permissible discharge standards under Article 14 (hereinafter referred to in “permissible discharge standards”), in addition to the standards for facilities prescribed by the relevant statutes: <Amended on Apr. 11, 2007; Apr. 27, 2007; Feb. 1, 2012; Jan. 17, 2017; May 26, 2020>
| Article 16 (Improvement Orders, Orders of Suspension of Use and Orders of Closure) |
| (1) | Where the level of persistent pollutants discharged from the discharge facilities exceeds the permissible discharge standards, the Minister of Environment may order suspension of the use of all or part of the discharge facilities for a period of up to six months: Provided, That with respect to discharge facilities prescribed by Ordinance of the Ministry of Environment, such as the ones in which the degree of violation of the permissible discharge standards is minor, the Minister of Environment may order the relevant discharge business operator to take measures necessary to lower the discharge density of the persistent pollutants below the permissible discharge standards (hereinafter referred to as “improvement order”), in consideration of the measures necessary for improvement, the period for installation of facilities, etc. <Amended on Jan. 27, 2016; Jun. 12, 2018; Jun. 10, 2022> |
| (2) | Where a person ordered to suspend use under paragraph (1) fails to comply with such order, or where compliance with the permissible discharge standards is deemed impossible due to the structure of the relevant discharge facilities, deterioration of prevention facilities, etc., the Minister of Environment may order the closure of such discharge facilities. <Amended on Jun. 12, 2018> |
| (3) | If a discharge business operator who has received an improvement order pursuant to the proviso of paragraph (1) fails to comply with such order, the Minister of Environment may order the suspension of use under the main clause of that paragraph. <Newly Inserted on Jun. 10, 2022> |
| (4) | Where an administrative disposition imposed to order a discharge business operator to suspend use under paragraph (1) or (3) or to close the relevant discharge facility under paragraph (2) becomes final and conclusive, the Minister of Environment may publish the name of the relevant discharge facility and the details of the offense and disposition. <Newly Inserted on Oct. 10, 2022; Jun. 10, 2022> |
| (5) | Matters necessary for orders of suspension of use and improvement orders under paragraphs (1) and (3), the standards, methods, and procedures for publication under paragraph (4), and other necessary matters shall be prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Jun. 10, 2022> |
| Article 17 (Disposition of Penalty Surcharges) |
| (1) | Where the Minister of Environment has to order suspension of use under Article 16 (1) and (3) to a discharge business operator and where such suspension of use of facilities is deemed likely to substantially hinder the national economy and other public interests, such as the livelihood of residents, external credibility, employment, prices, etc., he or she may impose a penalty surcharge not exceeding 300 million won in lieu of an order of suspension of use: Provided, That where a person becomes subject to an order of suspension of use before two years elapse from the date a penalty surcharge is imposed, no penalty surcharge shall be imposed in lieu of the order of suspension of use. <Amended on Jun. 12, 2018; May 26, 2020; Jun. 10, 2022> |
| (2) | The criterion for penalty surcharges according to the kind, scale, etc. of discharge facilities and other necessary matters shall be prescribed by Presidential Decree. |
| (3) | Where a discharge business operator fails to pay the penalty surcharge under paragraph (1) within the deadline, the Minister of Environment shall collect it in the same manner as delinquent national taxes are collected: Provided, That the authority of the Minister of Environment to impose and collect a penalty surcharge has been delegated to a Mayor/Do Governor, it may be collected in the same manner as delinquent local taxes are collected. |
| (4) | Penalty surcharges collected under paragraph (1) shall be the revenue of the special accounts for environmental improvement under the Framework Act on Environmental Policy. <Amended on Jul. 21, 2011> |
| (5) | Where the Minister of Environment delegates his or her authority to impose and collect a penalty surcharge to a Mayor/Do Governor, he or she may appropriate part of the penalty surcharge collected as expenses of collection, as prescribed by Presidential Decree. <Amended on May 26, 2020> |
| Article 18 (Investigations of Sources of Discharge and Quantity of Discharge) |
| (1) | The Minister of Environment may investigate the discharge sources of persistent pollutants and the discharged quantity thereof nationwide in order to establish and implement the master plan rationally. <Amended on Jan. 27, 2016> |
| (2) | The Minister of Environment may request the head of a related agency to submit necessary data or to provide assistance for the investigation of the discharge sources of persistent pollutants and the discharged quantity thereof under paragraph (1). In such cases, the head of the related agency upon receipt of such request shall comply therewith unless there is a compelling reason not to do so. <Amended on Jan. 27, 2016; May 26, 2020> |
| (3) | Matters concerning the methods and procedures for investigating the discharge sources of persistent pollutants and the discharged amount thereof, methods for calculating the quantity, etc. under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Feb. 1, 2012; Jan. 27, 2016> |
[Title Amended on Feb. 1, 2012]
| Article 19 (Measurement of Persistent Pollutants, Impact Assessment on Surrounding Areas) |
| (1) | Each discharge business operator shall directly measure persistent pollutants discharged from the relevant discharge facility according to the official test standards for environmental pollution under Article 6 (1) 10 of the Environmental Testing and Inspection Act, or request any of the following measuring organizations to measure them, and record the result of measurement and preserve it during the period prescribed by Ordinance of the Ministry of Environment. In such cases, the extent of persistent pollutants, methods for, and frequency of, measurement, and other necessary matters shall be prescribed by Ordinance of the Ministry of Environment: <Amended on Feb. 1, 2012; Jan. 27, 2016; Jun. 10, 2022> |
| 2. | Institutions specializing in the measurement and analysis of persistent pollutants under Article 19-2 (1). |
| (2) | A discharge business operator who operates a discharge facility of at least a scale prescribed by Presidential Decree, which is likely to cause serious pollution to the environment of surrounding areas shall investigate the impacts of the operation of the discharge facility on the surrounding areas every three years, independently or jointly, or request a measuring organization falling under any of the subparagraphs of paragraph (1) to investigate such impacts, and submit the result thereof to the Minister of Environment. In such cases, matters necessary for the methods for and extent of investigations, report of the result of investigations, etc. shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Feb. 1, 2012; May 26, 2020; Jun. 10, 2022> |
| (3) | Where any discharge business operator fails to perform the duty to measure under paragraph (1) or fails to investigate the impacts under paragraph (2), the Minister of Environment may order the measurement of persistent pollutants or impact assessments upon specifying a period, as prescribed by Ordinance of the Ministry of Environment. <Amended on Jan. 27, 2016; May 26, 2020> |
| (4) | The Minister of Environment may order discharge business operators who fail to comply with an order issued under paragraph (3) to suspend the use of such discharge facilities or to close them. |
[Title Amended on Jan. 27, 2016]
| Article 19-2 (Designation of Institutions Specializing in Measurement and Analysis of Persistent Pollutants) |
| (1) | The Minister of Environment may designate and operate an institution specializing in the measurement and analysis of persistent pollutants (hereinafter referred to as "institution specializing in measurement and analysis") to ensure the accuracy of the measurement and analysis of persistent pollutants. |
| (2) | Any person who intends to be designated as an institution specializing in measurement and analysis pursuant to paragraph (1) shall file an application for designation as an institution specializing in measurement and analysis with the Minister of Environment after meeting the requirements for facilities, equipment, and technical personnel prescribed by Presidential Decree. |
| (3) | Where a person who has obtained the designation of an institution specializing in measurement and analysis pursuant to paragraph (1) intends to revise any important matter prescribed by Presidential Decree, he or she shall obtain a revised designation from the Minister of Environment. |
| (4) | Where an institution specializing in measurement and analysis falls under any of the following cases, the Minister of Environment shall revoke the designation thereof or issue an order to suspend its business for a specified period not exceeding one year: Provided, That the Minister shall revoke such designation in cases falling under subparagraph 1 or 2: |
| 1. | Where it obtains the designation by fraud or other improper means; |
| 2. | Where it performs any measurement or analysis affairs during a period of suspension; |
| 3. | Where it ceases to meet the requirements for the designation; |
| 4. | Where it misrepresents the results of any measurement or analysis by intention or gross negligence. |
| (5) | Where the Minister of Environment designates an institution specializing in measurement and analysis or revises such designation pursuant to paragraph (1) or (3), or revokes the designation or suspends business of the institution pursuant to paragraph (4), he or she shall publicly announce the details of such measure by posting them in the Official Gazette or on the website of the Ministry of Environment. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the designation, revised designation, revocation of designation, and order of suspension of business, of an institution specializing in measurement and analysis, and public announcement, etc. shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jun. 10, 2022]
| Article 20 (Emergency Measures and Reporting in Time of Accident and Measures to Prevent Recurrence) |
| (1) | Where persistent pollutants have been discharged into the air or public waters defined in subparagraph 9 of Article 2 of the Water Environment Conservation Act due to any breakdown or damage of a discharge facility or other accidents, the relevant discharge business operator shall, without delay, take necessary emergency measures according to the guidelines for handling accidents prescribed by Ordinance of the Ministry of Environment, and remove or dispose of the discharged persistent pollutants promptly and safely. <Amended on Feb. 1, 2012; Jan. 17, 2017; Jan. 27, 2016; Jan. 17, 2017> |
| (2) | Where an accident referred to in paragraph (1) has occurred, the relevant discharge business operator shall report the status of the accident to the Minister of Environment without delay. |
| (3) | The Minister of Environment may order the discharge business operator of the discharge facility in which an accident has occurred to take measures necessary to prevent the spread of the accident or recurrence thereof. |
CHAPTER IV DISPOSAL OF WASTES CONTAINING PERSISTENT POLLUTANTS
| Article 21 (Classification and Control of Wastes Containing Persistent Pollutants) |
[Title Amended on Jan. 27, 2016]
| Article 22 (Standards for Disposal of Wastes Containing Persistent Pollutants) |
Those who intend to collect, transport, keep or dispose of wastes containing persistent pollutants shall comply with the standards and methods prescribed by Ordinance of the Ministry of Environment. <Amended on Jan. 27, 2016>
[Title Amended on Jan. 27, 2016]
| Article 23 (Restriction on Recycling) |
| (1) | Any person who intends to recycle wastes containing persistent pollutants shall recycle such wastes only for the kinds and uses prescribed by Ordinance of the Ministry of Environment for eco-friendly recycling. <Amended on Jan. 27, 2016> |
| (2) | Deleted. <Jan. 27, 2016> |
| (3) | The Minister of Environment may order a person who recycles wastes containing persistent pollutants, for the kinds and uses, other than those prescribed in paragraph (1), to suspend the use thereof, or to close the relevant facility. <Amended on Feb. 1, 2012; Jan. 27, 2016> |
CHAPTER V CONTROL OF INSTRUMENTS CONTAINING PERSISTENT POLLUTANTS
| Article 24 (Making List of Contaminated Implements) |
The Minister of Environment may make a list of instruments, facilities, and products containing persistent pollutants exceeding a level set out in the standards prescribed by Presidential Decree (hereinafter referred to as "contaminated implements, etc.") in order to prevent hazards to the human body. <Amended on Jan. 27, 2016; May 26, 2020>
[This Article Wholly Amended on Feb. 1, 2012]
| Article 24-2 (Reporting on Implements Subject to Control) |
| (1) | The owner of an instrument, facility, or product prescribed by Presidential Decree, such as a transformer (hereinafter referred to as "implements, etc. subject to control"), shall report the matters prescribed by Ordinance of the Ministry of Environment, such as the manufacturer, date of manufacture, and replacement of insulating oil, to the competent Mayor/Do Governor. The same shall also apply to any modification to important matters prescribed by Ordinance of the Ministry of Environment among the reported matters, such as replacement of insulating oil. <Amended on Jun. 10, 2022> |
| (2) | Upon receipt of a report under the former part of paragraph (1) or a report on modification under the latter part of that paragraph, the competent Mayor/Do Governor shall review the details of such report and accept it if it complies with this Act. <Newly Inserted on Jun. 10, 2022> |
[This Article Newly Inserted on Feb. 1, 2012]
| Article 24-3 (Restriction on Importation and Exportation of Implements Subject to Control) |
No person shall import or export any implements, etc. subject to control containing insulating oil, the concentration of persistent pollutants of which exceeds a level set out in the standards prescribed by Presidential Decree. <Amended on Jan. 27, 2016; May 26, 2020>
[This Article Newly Inserted on Feb. 1, 2012]
| Article 25 (Safety Control of Contaminated Implements) |
| (1) | The owner of contaminated implements, etc. shall take the following safety control measures: |
| 1. | Indication of cautions for safety; |
| 2. | Attaching an identification device to verify whether they are contaminated. |
| (2) | Detailed matters necessary for the safety control measures under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. |
| (3) | Where the owner of contaminated implements, etc. fails to take the safety control measures under paragraphs (1) and (2), the competent Mayor/Do Governor may order such owner to take measures necessary for safety control for a specified period, as prescribed by Ordinance of the Ministry of Environment. <Amended on Feb. 1, 2012; May 26, 2020> |
| Article 26 (Deadline for Disposal of Contaminated Implements) |
The owner of contaminated implements, etc. who has finished using such implements shall properly dispose of them in accordance with the standards and methods provided in Article 22 within the deadline prescribed by Ordinance of the Ministry of Environment. <Amended on May 26, 2020>
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 27 (Assistance in Installation of Facilities) |
The Minister of Environment may install and operate any of the following facilities, or render assistance necessary for the development, dissemination, etc. of technology to reduce environmental pollution due to persistent pollutants for the proper management of the persistent pollutants: <Amended on Jan. 27, 2016>
| 1. | A facility to eliminate or reduce persistent pollutants discharged from the discharge facility; |
| 2. | A facility to collect, transport, keep or dispose of wastes containing persistent pollutants. |
| Article 28 (International Cooperation) |
The Government shall exchange information and technology relating to persistent pollutants and cooperate in the exchange of human resources, joint investigations, research and development, etc. through international cooperation with international organizations and countries relating to the Stockholm Convention and the Minamata Convention, and proactively participate in international endeavor to prevent and reduce hazards of persistent pollutants to health or the environment. <Amended on Jan. 27, 2016>
| Article 29 (Reporting and Examination) |
| (1) | The Minister of Environment or a Mayor/Do Governor may order each of the following persons to file a report or to submit data on the matters prescribed by Ordinance of the Ministry of Environment, and may authorize related public officials to access their facilities or places of business and to investigate the discharge sources of persistent pollutants and the discharged quantity thereof pursuant to Article 18 or collect samples or inspect relevant documents, facilities, equipment, etc. to verify whether they meet the prohibition of, or restriction on, manufacture, exportation, importation, or use of persistent pollutants under Article 13, the permissible discharge standards, the standards for disposal of wastes containing persistent pollutants under Article 22 or the deadline for disposal of contaminated implements, etc. under Article 26: <Amended on Feb. 1, 2012; Jan. 27, 2016; Jun. 10, 2022> |
| 1. | Persons who manufacture, export, import, or use persistent pollutants under Article 13; |
| 2. | Discharge business operators; |
| 3. | Persons who collect, transport, keep or dispose of wastes containing persistent pollutants under Article 22; |
| 4. | Persons who recycle wastes containing persistent pollutants under Article 23; |
| 5. | Owners of contaminated implements, etc. under Article 24; |
| 6. | Owners of implements, etc. subject to control under Article 24-2 (1). |
| (2) | When issuing any order to file a report or to submit data, to collect samples or conduct an inspection (hereinafter referred to as "inspection, etc.") under paragraph (1), a plan regarding the date and time, reasons, details, etc. of inspection, etc. shall be notified to the person subject to such inspection, etc. no later than seven days before the start of the inspection, etc.: Provided, That in cases of emergency or where it is deemed that any prior notification might cause the destruction of evidence, etc. to defeat the purpose of such inspection, etc., this shall not apply. |
| (3) | Any public official who gains access and conducts an inspection pursuant to paragraph (1) shall carry identification indicating his or her authority and present it to relevant persons. |
| Article 29-2 (Submission of Annual Reports) |
| (1) | Each Mayor/Do Governor shall submit an annual report on the control of persistent pollutants to the Minister of Environment. <Amended on Jan. 27, 2016> |
| (2) | Matters necessary for the methods of preparing annual reports under paragraph (1) and the timing of submission thereof shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Feb. 1, 2012]
When the Minister of Environment or a Mayor/Do Governor intends to issue an order of closure pursuant to Article 16 (2), 19 (4) or 23 (3), he or she shall hold a hearing. <Amended on Feb. 1, 2012; Jun. 12, 2018>
| Article 31 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Environment may partially delegate his or her authority under this Act to Mayors/Do Governors, the President of the National Institute of Environmental Research, or the director general of a regional environmental office, as prescribed by Presidential Decree. <Amended on May 26, 2020> |
| (2) | The Minister of Environment may entrust each of the following business affairs to the related specialized agencies, such as the Korea Environment Corporation established under the Korea Environment Corporation Act, as prescribed by Presidential Decree: <Amended on Feb. 6, 2009; Feb. 1, 2012; Jan. 27, 2016> |
| 1. | Business affairs regarding the establishment and operation of a measurement network under Article 11; |
| 2. | Business affairs regarding the investigations of the discharge sources and the discharged quantity of persistent pollutants under Article 18 (1); |
| 3. | Business affairs regarding the installation and operation of facilities for the collection, transport, storage, and disposal of wastes containing persistent pollutants under subparagraph 2 of Article 27; |
| 4. | Business affairs regarding the access, collection of samples, and inspections under Article 29 (1) (only for cases required for verifying compliance with the permissible discharge standards under Article 14 (3) or for investigating the discharge sources and discharged quantity of persistent pollutants under Article 18 (1)). |
| Article 31-2 (Statutory Treatment as Public Officials for Purposes of Applying Penalty Provisions) |
[This Article Newly Inserted on Feb. 1, 2012]
CHAPTER VII PENALTY PROVISIONS
| Article 32 (Penalty Provisions) |
Any person who manufactures, exports, imports, or uses banned persistent pollutants for any purpose other than the permitted purpose, in violation of Article 13 (1), shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 100 million won. [This Article Newly Inserted on Jan. 27, 2016]
[Previous Article 32 moved to Article 32-2 <Jan. 27, 2016>]
| Article 32-2 (Penalty Provisions) |
Any person who fails to comply with an order of closure issued under Article 16 (2), 19 (4) or 23 (3) 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. 18, 2014; Jun. 12, 2018> [Moved from Article 32 <Jan. 27, 2016>]
| Article 33 (Penalty Provisions) |
Any person who manufactures, exports, imports, or uses restricted persistent pollutants for any purpose other than the permitted purpose, in violation of Article 13 (3), shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 50 million won. [This Article Newly Inserted on Jan. 27, 2016]
[Previous Article 33 moved to Article 33-2 <Jan. 27, 2016>]
| Article 33-2 (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 Feb. 1, 2012; Mar. 18, 2014; Jan. 27, 2016; Jun. 12, 2018; May 26, 2020; Jun. 10, 2022>
| 1. | Deleted; <Jan. 27, 2016> |
| 2. | A person who fails to comply with an improvement order or an order of suspension of use issued under Article 16 (1) and (3); |
| 3. | A person who fails to comply with an order of suspension of use issued under Article 19 (4); |
| 4. | A person who recycles wastes containing persistent pollutants for the kinds and uses other than those prescribed by Ordinance of the Ministry of Environment, in violation of Article 23 (1); |
| 5. | A person who fails to comply with an order of suspension of use issued under Article 23 (3); |
| 5-2. | A person who imports or exports implements, etc. subject to control, in violation of Article 24-3; |
| 6. | A person who fails to properly dispose of contaminated implements, etc. within the deadline, in violation of Article 26. |
[Moved from Article 33 <Jan. 27, 2016>]
| Article 34 (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 Feb. 1, 2012; Mar. 18, 2014; Jan. 27, 2016>
| 1. | A person who fails to meet the standards for control regarding the manufacture, export, import, or use of banned persistent pollutants, in violation of Article 13 (2); |
| 1-2. | A person who fails to comply with the standards for the manufacture, export, import, or use of restricted persistent pollutants, in violation of Article 13 (4); |
| 2. | A person who exports restricted persistent pollutants without obtaining approval or modification approval, or after obtaining approval or modification approval fraudulently, in violation of Article 13 (5); |
| 3. | A person who fails to comply with the permissible discharge standards, in violation of Article 14 (3); |
| 4. | A person who fails to comply with an order of measurement of persistent pollutants or an order of impact assessment on the surrounding area issued under Article 19 (3); |
| 5. | A person who fails to comply with an order to take measures issued under Article 20 (3); |
| 6. | A person who pollutes the surrounding environment by collecting, transporting, storing, or disposing of wastes containing persistent pollutants, in violation of Article 22. |
| Article 35 (Penalty Provisions) |
Any person who fails to comply with an order to take measures issued under Article 25 (3) shall be punished by a fine not exceeding one million won.
| Article 36 (Joint Penalty Provisions) |
Where the representative of a corporation, or an agent, employee or other servant of the corporation or an individual commits an offence under Articles 32 through 35 in connection with the business of the corporation or individual, not only shall such offender be punished, but the corporation or individual be also punished by a fine as prescribed in the corresponding 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 to prevent such offence. [This Article Wholly Amended on Feb. 1, 2012]
| Article 37 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: <Amended on Feb. 1, 2012; Jan. 27, 2016> |
| 1. | A person who fails to measure persistent pollutants or preserve the record thereof, makes or preserves a false record, or fails to investigate the impacts on the surrounding area or to submit the result thereof, in violation of Article 19 (1) or (2); |
| 2. | A person who fails to take emergency measures, or to remove or dispose of discharged persistent pollutants promptly and safely, or to file an accident report, in violation of Article 20 (1) or (2); |
| 3. | A person who collects, transports, stores, or disposes of wastes containing persistent pollutants (excluding any person falling under subparagraph 6 of Article 34), in violation of Article 22. |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Amended on Feb. 1, 2012; Jun. 10, 2022> |
| 1. | Deleted; <Jan. 27, 2016> |
| 2. | A person who fails to file a report on or to file a report on modification of instruments, etc. subject to control, in violation of Article 24-2 (1), or files a false report or false report on modification. |
| (3) | A person who fails to file a report or to submit data under Article 29, or files a false report or submits false data, or refuses, interferes with, or evades access, collection of samples, or inspections by relevant public officials shall be subject to an administrative fine not exceeding one million won. <Amended on May 26, 2020> |
| (4) | Administrative fines under paragraphs (1) through (3) shall be imposed and collected by the Minister of Environment or the competent Mayor/Do Governor, as prescribed by Presidential Decree. <Amended on Feb. 1, 2012> |
| (5) | Deleted. <Feb. 1, 2012> |
| (6) | Deleted. <Feb. 1, 2012> |
| (7) | Deleted. <Feb. 1, 2012> |
ADDENDA <Act No. 8292, Jan. 26, 2007>
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 Installation of Discharge Facilities)
Any discharge business operator who has installed and is operating a discharge facility as at the time this Act enters into force shall meet the standards for the installation of discharge facilities under Article 15 (1) and (2) within one year from the date this Act enters into force. Article 3 (Transitional Measures concerning Measurement, etc.)
| (2) | Where an investigation has been conducted under Article 31 (3) of the Wastes Control Act before this Act enters into force, such investigation shall be deemed conducted under Article 19 (2) of this Act. <Amended by Act No. Act No. 8371, Apr. 11, 2007> |
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.)
ADDENDA <Act No. 8404, Apr. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Act No. 9433, Feb. 6, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2010.
ADDENDA <Act No. 10032, Feb 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 10034, Feb 4, 2010>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 10893, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 11263, Feb. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of the proviso to Article 13 (1), Article 14, the part concerning the entrustment of investigation to a measuring organization in the amended provisions of Article 19 (2), Article 19 (5), subparagraph 1 of Article 33, Articles 36 and 37 (1) 3 shall enter into force on the date of its promulgation, and the amended provisions of Articles 13 (excluding the proviso to paragraph (1)) and 34 shall enter into force six months after the date of its promulgation. Article 2 (Transitional Measures concerning Administrative Fines)
For the purposes of the provisions concerning administrative fines (limited to Article 37 (1) 3), any violation committed before this Act enters into force shall be governed by the former provisions.
ADDENDA <Act No. 11862, Jun. 4, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2015.
ADDENDUM <Act No. 12464, Mar. 18, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13886, Jan. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date when the Minamata Convention becomes effective in the Republic of Korea.
Article 2 (Transitional Measures concerning Master Plan, etc.)
| (1) | A master plan for the control of persistent organic pollutants formulated under the previous provisions of Article 5 (1) before this Act enters into force shall be deemed a master plan for the control of persistent pollutants formulated under the amended provisions of Article 5 (1). |
| (2) | An implementation plan for persistent organic pollutants formulated under the previous provisions of Article 6 (1) before this Act enters into force shall be deemed an implementation plan for persistent pollutants formulated under the amended provisions of Article 6 (1). |
Article 3 (Transitional Measures concerning Administrative Fines)
For the purposes of the provisions concerning administrative fines, any violation committed before this Act enters into force shall be governed by the previous provisions.
Article 5 (Relationship to Other Statutes and Regulations)
ADDENDA <Act No. 14532, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of the Acts, which were promulgated before this Act enters into force, but the date on which they are to enter into force, has not arrived yet, among the Acts amended pursuant to Article 6 of the Addenda, shall enter into force on the enforcement dates of such Acts, respectively.
ADDENDA <Act No. 15656, Jun. 12, 2018>
Article 1 (Enforcement Date)
Article 2 (Applicability)
The amended provisions of Article 16 shall apply to violations of the permissible discharge standards that occur after this Act enters into force.
ADDENDA <Act No. 15841, Oct. 16, 2018>
Article 1 (Enforcement Date)
Article 2 (Applicability concerning Announcement of Administrative Dispositions)
ADDENDUM <Act No. 17326, May 26, 2020>
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Act No. 18911, Jun. 10, 2022>
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 24 (2), 29 (1) 6, and 37 (2) 2 shall enter into force on the date of the promulgation. Article 2 (Applicability to Orders of Suspension of Use Following Failure to Comply with Improvement Orders)
The amended provisions of Article 16 (3) shall begin to apply where an improvement order is issued under the proviso of Article 16 (1) after this Act enters into force. Article 3 (Transitional Measures concerning Penalty Surcharges)
The previous provisions shall apply where a penalty surcharge is imposed in lieu of an order of suspension of use for a violation committed before this Act enters into force, notwithstanding the amended provisions of the proviso of Article 17 (1). Article 4 (Transitional Measures concerning Penalty Provisions)
Notwithstanding the amended provisions of subparagraph 2 of Article 33-2, the previous provisions shall apply for purposes of applying penalty provisions for a violation committed before this Act enters into force.