ENFORCEMENT DECREE OF THE ACT ON THE PROMOTION OF SAVING AND RECYCLING OF RESOURCES
Wholly Amended by Presidential Decree No. 17808, Dec. 18, 2002
Amended by Presidential Decree No. 18039, Jun. 30, 2003
Presidential Decree No. 18267, Jan. 29, 2004
Presidential Decree No. 18312, Mar. 17, 2004
Presidential Decree No. 18428, Jun. 11, 2004
Presidential Decree No. 18442, Jun. 25, 2004
Presidential Decree No. 18593, Nov. 30, 2004
Presidential Decree No. 18611, Dec. 30, 2004
Presidential Decree No. 18863, Jun. 13, 2005
Presidential Decree No. 19006, Aug. 17, 2005
Presidential Decree No. 19204, Dec. 28, 2005
Presidential Decree No. 19487, May 25, 2006
Presidential Decree No. 19494, May 30, 2006
Presidential Decree No. 19572, Jun. 29, 2006
Presidential Decree No. 19971, Mar. 27, 2007
Presidential Decree No. 20088, Jun. 11, 2007
Presidential Decree No. 20244, Sep. 6, 2007
Presidential Decree No. 20290, Sep. 27, 2007
Presidential Decree No. 20479, Dec. 28, 2007
Presidential Decree No. 20905, Jul. 3, 2008
Presidential Decree No. 21415, Apr. 6, 2009
Presidential Decree No. 21590, Jun. 30, 2009
Presidential Decree No. 21626, Jul. 7, 2009
Presidential Decree No. 21676, Aug. 6, 2009
Presidential Decree No. 21904, Dec. 24, 2009
Presidential Decree No. 21958, Dec. 31, 2009
Presidential Decree No. 22395, Sep. 20, 2010
Presidential Decree No. 22497, Nov. 19, 2010
Presidential Decree No. 22535, Dec. 20, 2010
Presidential Decree No. 22715, Mar. 22, 2011
Presidential Decree No. 23966, Jul. 20, 2012
Presidential Decree No. 24155, Oct. 29, 2012
Presidential Decree No. 24331, Jan. 22, 2013
Presidential Decree No. 24451, Mar. 23, 2013
Presidential Decree No. 24638, Jun. 28, 2013
Presidential Decree No. 24869, Nov. 20, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25133, Jan. 28, 2014
Presidential Decree No. 25167, Feb. 11, 2014
Presidential Decree No. 25476, Jul. 16, 2014
Presidential Decree No. 25497, Jul. 21, 2014
Presidential Decree No. 25664, Oct. 22, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 26088, Feb. 3, 2015
Presidential Decree No. 26667, Nov. 26, 2015
Presidential Decree No. 26906, Jan. 19, 2016
Presidential Decree No. 27736, Dec. 30, 2016
Presidential Decree No. 27806, Jan. 26, 2017
Presidential Decree No. 27971, Mar. 29, 2017
Presidential Decree No. 28499, Dec. 26, 2017
Presidential Decree No. 29269, Oct. 30, 2018
Presidential Decree No. 29312, Nov. 27, 2018
Presidential Decree No. 29453, Dec. 31, 2018
Presidential Decree No. 29950, Jul. 2, 2019
Presidential Decree No. 30106, Oct. 8, 2019
Presidential Decree No. 30259, Dec. 24, 2019
Presidential Decree No. 30509, Mar. 3, 2020
Presidential Decree No. 30618, Apr. 14, 2020
Presidential Decree No. 31449, Feb. 17, 2021
Presidential Decree No. 31701, May 25, 2021
Presidential Decree No. 31745, Jun. 8, 2021
Presidential Decree No. 32673, Jun. 7, 2022
Presidential Decree No. 33676, Aug. 22, 2023
Presidential Decree No. 34317, Mar. 19, 2024
The purpose of this Decree is to provide for matters mandated by the Act on the Promotion of Saving and Recycling of Resources and those necessary for the enforcement thereof. [This Article Wholly Amended on Apr. 6, 2009]
Article 2 Deleted. <Dec. 28, 2007> |
Article 3 (Designated By-Products) |
"By-products prescribed by Presidential Decree" in subparagraph 4 of Article 2 of the Act on the Promotion of Saving and Recycling of Resources (hereinafter referred to as the "Act") means the following by-products: [This Article Wholly Amended on Apr. 6, 2009]
Article 4 (Recycling Industry) |
"Industries prescribed by Presidential Decree" in subparagraph 11 of Article 2 of the Act means any of the following types of business: 1. | A type of business for manufacturing recycled products; |
2. | A type of business falling under Article 31 (1) 2, 5, or 6 of the Act; |
3. | A type of business for collecting and transporting recyclable resources or conducting interim processes such as compressing, crushing or melting recyclable resources, supplying recyclers with the processed resources for the purpose of recycling; |
4. | Another type of business for recycling recyclable resources, which is deemed necessary and publicly notified by the Minister of Environment, after consultations with the heads of competent central administrative agencies. |
[This Article Wholly Amended on Apr. 6, 2009]
Article 4-2 (Kinds of Bulky Wastes) |
"Wastes prescribed by Presidential Decree" in subparagraph 13 of Article 2 of the Act means any of the following wastes discharged from households or places of business, as specified by Ordinance of the competent Special Self-Governing City, Special Self-Governing Province or Si/Gun/Gu: <Amended on Jul. 21, 2014> 1. | Electronic home appliances, furniture, household utensils, office equipment and supplies, air conditioners, or heaters; |
2. | Other wastes which make it difficult to be filled in a waste bag. |
[This Article Wholly Amended on Apr. 6, 2009]
Article 5 (Disposable Goods) |
"Goods prescribed by Presidential Decree" in subparagraph 15 of Article 2 of the Act means products listed in attached Table 1. [This Article Wholly Amended on Apr. 6, 2009]
Article 5-2 (Products Subject to Improvement of Materials or Structures) |
"Products prescribed by Presidential Decree" in subparagraph 17 of Article 2 of the Act means any of the following products: 1. | Products or packing materials subject to mandatory recycling under Article 18; |
2. | Other products which need improvement of their recycling rate and are publicly notified by the Minister of Environment. |
[This Article Newly Inserted on Apr. 6, 2009]
Article 6 Deleted. <Dec. 26, 2017> |
Article 6-2 Deleted. <Dec. 26, 2017> |
Article 6-3 Deleted. <Dec. 26, 2017> |
Article 7 (Products That Must Meet Standards for Materials and Methods for Packing) |
"Products prescribed by Presidential Decree" in the provisions, with the exception of the subparagraphs, of Article 9 (1) of the Act means any of the following products: <Amended on Aug. 6, 2009; Jan. 22, 2013; Dec. 24, 2019> 1. | Products that must meet the standards for packing materials referred to in Article 9 (1) 1 of the Act: All products using packing materials; |
2. | Products that must meet the standards for packing methods referred to in Article 9 (1) 1 of the Act: |
(a) | Foodstuffs: Processed foods, beverages, liquor, confectionery, and health functional foods defined in subparagraph 1 of Article 3 of the Health Functional Foods Act (hereinafter referred to as "health functional foods"); |
(b) | Cosmetics (including air fresheners); |
(d) | Sundry articles: Toys, dolls, stationary, and personal miscellaneous articles (limited to wallets and belts); |
(e) | Non-pharmaceutical products; |
(f) | Clothing: Shirts and underwear; |
(g) | Electronic products (limited to portable products that weigh not more than 300 grams): Chargers for motor vehicles, cables, earphones, headsets, mouses, and near field communication (Bluetooth) speakers; |
(h) | Packaged goods (referring to those that come in a package of at least two minimum sale units of the same or different kinds of product. In such cases, a measuring tool exclusive for the main product or the components thereof, samples not for sale and gifts in small amounts (not more than 30 grams or 30 milliliter), and articles for reference, such as instructions, specifications and notecards, shall not be deemed products constituting packaged goods): Primary foods and products referred to in item (a) through (f); |
3. | Products that must meet the standards for annual reduction of packing materials made of synthetic resin referred to in Article 9 (1) 2 of the Act: |
(a) | Deleted; <Nov. 26, 2015> |
(c) | Vegetables, fruits, livestock products, and fishery products, sold at any store with an area of at least 165 square meters; |
(d) | Deleted; <Nov. 26, 2015> |
(e) | Deleted. <Dec. 31, 2009> |
[This Article Wholly Amended on Apr. 6, 2009]
Article 7-2 (Standards and Procedures for Imposition of Penalty Surcharges in Lieu of Suspension Orders) |
(1) | Standards for imposing a penalty surcharge under Article 9-3 (1) of the Act shall be as listed in attached Table 1-2. <Amended on Mar. 19, 2024> |
(2) | Where the Minister of Environment intends to impose a penalty surcharge pursuant to Article 9-3 (1) of the Act, he or she shall give a person subject to such penalty surcharge a written notice of the payment thereof, specifying grounds for imposition, the amount of the penalty surcharge, etc. <Amended on Mar. 19, 2024> |
(3) | A person who has received a notice under paragraph (2) shall pay a penalty surcharge to a receiving agency designated by the Minister of Environment within 60 days from the date of receiving such notice. <Amended on Dec. 12, 2023> |
(4) | A receiving agency that has received a penalty surcharge under paragraph (3) shall issue a receipt to the payer and shall notify such fact to the Minister of Environment without delay. |
[This Article Newly Inserted on Dec. 24, 2019]
Article 8 (Types of Business Subject to Control of Use of Disposable Products) |
(2) | "Facilities or types of business specified by Presidential Decree" in Article 10 (1) 6 of the Act means the following facilities or types of business: |
1. | Wholesale trade and retail trade according to the Korean Standard Industrial Classification (hereinafter referred to as "Standard Industrial Classification") publicly notified by the Commissioner of the Statistics Korea pursuant to the Statistics Act; |
2. | Financial business, insurance and pension business, securities and futures brokerage business, real estate leasing and supply business, advertising agency business, other educational institutions among educational service business, cinema business, and performing art business according to the Standard Industrial Classification. |
(3) | Where a food service provider under Article 36 (1) 3 of the Food Sanitation Act provides food to condolers attending a funeral rite pursuant to Article 10 (2) 3 of the Act, and fixed cooking facilities and washing facilities exist in the same space in which food is provided (referring to a space partitioned with walls on all sides; a space partitioned by transparent screens, etc., through which the inside can be seen shall be deemed the same space), no disposable products shall be used or provided without cost. |
(4) | "Cases prescribed by Presidential Decree" in Article 10 (2) 4 of the Act means the following cases: <Amended on Jul. 21, 2014> |
1. | Where a business entity enters into an agreement with the Minister of Environment to voluntarily reduce the use of disposable products and fulfills the agreement; |
2. | Deleted. <Dec. 31, 2018> |
3. | Where the area of a store is 33 square meters or less in the case of wholesale business or retail business under paragraph (2) 1: Provided, That where an ordinance of the Special Self-Governing City, Special Self-Governing Province or a Si/Gun/Gu prescribes the area of a store to be less than 33 square meters, the area shall be the same as or less than the area prescribed by the relevant ordinance; |
4. | Where standards publicly notified by the Minister of Environment, in consideration of the quantity of disposable products used, inevitability of use of disposable products, etc., are met. |
[This Article Wholly Amended on Feb. 11, 2014]
Article 8-2 (Types of Multi-Use Containers) |
“Products prescribed by Presidential Decree” in subparagraph 2 of Article 10-3 of the Act means any of the following: 3. | Packaging materials used to transport products. |
[This Article Newly Inserted on Mar. 19, 2024]
Article 9 (Development Projects Subject to Examination on Recyclability of Resources) |
"Project prescribed by Presidential Decree such as urban development projects referred to in Article 2 (1) 2 of the Urban Development Act" in the provisions, with the exception of the subparagraphs, of Article 11 (1) of the Act means any of the following projects, among projects subject to environmental impact assessment under Article 22 (1) of the Environmental Impact Assessment Act: <Amended on Jul. 20, 2012> 1. | Urban development projects; |
2. | Industrial sites and industrial complex development projects; |
3. | Harbor construction projects; |
4. | Road construction projects; |
5. | Airport construction projects; |
6. | Tourism complex construction projects; |
7. | Development projects for specific areas; |
8. | Sports facility installation projects; |
9. | Installation projects of waste treatment facilities; |
10. | Installation projects of national defense and military facilities. |
[This Article Newly Inserted on Apr. 6, 2009]
Article 10 (Items Subject to Imposition of Waste Charges and Subject to Reduction of or Exemption from Waste Charges) |
(1) | "Products, materials, and containers prescribed by Presidential Decree" in the provisions, with the exception of the subparagraphs, of Article 12 (1) of the Act means the following products, materials, and containers:<Amended on Sep. 20, 2010; Dec. 20, 2010; Nov. 20, 2013; Dec. 24, 2019; May 25, 2021; Jun. 7, 2022> |
1. | Insecticides contained in a glass bottle or plastic container (excluding pesticides defined in subparagraph 1 of Article 2 of the Pesticide Control Act) and toxic products contained in a metal can, glass bottle, or plastic container; |
4. | Disposable diapers (excluding disposable diapers supplied to medical institutions); |
6. | Products made of plastics, and manufactured or imported by a person running a manufacturing business, whose type is specified in attached Table 1-3, or a wholesaler or retailer: Provided, That the following products shall be excluded herefrom: |
(a) | In cases of finished products consisting of materials, components, or parts made of plastics, the relevant materials, components, or parts; |
(b) | Textiles made of synthetic resin; |
(c) | Disposable cups whose price includes a resource circulation deposit under the main clause, with the exception of the subparagraphs, of Article 15-2 (1) of the Act (hereinafter referred to as "resources circulation deposit"); |
7. | Ice packs containing super absorbent polymers as refrigerants. |
(2) | "Products, materials and containers prescribed by Presidential Decree" in Article 12 (2) 3 of the Act means the following products, materials and containers: <Amended on Dec. 20, 2010; Oct. 29, 2012; Jan. 22, 2013; Nov. 20, 2013; Oct. 22, 2014; Mar. 29, 2017; Dec. 31, 2018; May 25, 2021> |
1. | Products, materials, and containers produced or imported by any manufacturer or importer for export; |
3. | Any of the following plastic products referred to in paragraph (1) 6: |
(a) | Products produced by a manufacturer of plastic products whose annual turnover of plastic products is less than one billion won; |
(b) | Products imported by an importer whose annual import amount of plastic products is less than 90,000 U.S. dollars; |
(c) | Products produced by a business entity, which contain plastics whose annual volume does not exceed 10 tons; |
(d) | Products imported by an importer, which contain plastics whose annual volume does not exceed three tons; |
(e) | The following products whose owners have obligations imposed following acquisition, keeping, use, and disposal thereof: |
(viii) | Medical devices publicly notified by the Minister of Environment, such as disposable syringes, disposable needles, disposable blood collection needles, and blood collection sets, among the medical devices defined in Article 2 (1) of the Medical Devices Act which are supplied to medical institutions discharging the medical wastes under subparagraph 5 of Article 2 of the Wastes Control Act; |
(ix) | Deleted; <May 25, 2021> |
(f) | Deleted. <Jun. 7, 2022> |
[This Article Wholly Amended on Apr. 6, 2009]
Article 11 (Standards for Calculation of Waste Charges) |
The standards for the calculation of expenses that a manufacturer or importer shall pay under Article 12 (1) of the Act are prescribed in attached Table 2. [This Article Wholly Amended on Apr. 6, 2009]
Article 12 (Calculation and Imposition of Waste Charges) |
(1) | Any manufacturer or importer who is obligated to pay a waste charge in compliance with Article 12 (1) of the Act shall submit to the Minister of Environment data regarding the performances of delivery or import of products, materials and containers for the previous year no later than March 31 each year, as prescribed by Ordinance of the Ministry of Environment. <Amended on Oct. 29, 2012> |
(2) | The Minister of Environment shall determine amounts of waste charges by multiplying by the charge calculation index under paragraph (3), an amount calculated by applying standards for the calculation under attached Table 2 to the performances of delivery or import of products, materials and containers which have been submitted in compliance with paragraph (1). <Amended on Oct. 29, 2012> |
(3) | The charge calculation index for the first applicable year is set at one, and the charge calculation index for each year thereafter shall be determined by multiplying the charge calculation index for the previous year by the price fluctuation index publicly notified by the Minister of Environment, taking into consideration the inflation rate for the previous year and other relevant factors: Provided, That the charge calculation index for cases under Article 10 (1) 3 is set at one. |
(4) | The Minister of Environment shall give a notice of payment of waste charges calculated in accordance with paragraph (2), to a relevant manufacturer or importer no later than April 30 each year, as prescribed by Ordinance of the Ministry of Environment. In such cases, it may be allowed to pay the waste charges in installments on a quarterly basis, as prescribed by Ordinance of the Ministry of Environment. <Amended on Oct. 29, 2012> |
(5) | A manufacturer or importer shall, upon receiving a notice of payment of a waste charge under paragraph (4), pay the waste charge no later than May 20 of the pertinent year: Provided, That any person allowed to pay the waste charges in installments in accordance with the latter part of paragraph (4) shall pay them on or before a deadline set for each quarter, as prescribed by Ordinance of the Ministry of Environment. <Amended on Oct. 29, 2012> |
[This Article Wholly Amended on Apr. 6, 2009]
[Title Amended on Oct. 29, 2012]
Article 13 (Ratio of Recovery and Recycling of Plastic Products Eligible for Exemption from Waste Charges) |
(1) | The ratio of recovery and recycling for a manufacturer or importer of products, materials and containers using plastics as their materials to be eligible for exemption from waste charges under Article 12 (2) 2 of the Act by each product, material, and container shall refer to a ratio not lower than that classified as follows: <Amended on Dec. 31, 2018> |
1. | Plastic products, materials and containers for building: 20/100 of the annual quantity of delivery or import of the relevant products, materials, and containers (including the quantity of recycled raw materials); |
2. | Other plastic products, materials and containers: 80/100 of the annual quantity of delivery or import of the relevant products, materials, and containers (including the quantity of recycled raw materials). |
(2) | A person who intends to apply for exemption from waste charges under paragraph (1) shall submit an application for exemption from waste charges in a form prescribed by Ordinance of the Ministry of Environment to the Minister of Environment, appending thereto the data, etc. verifying the performances of recovery and recycling conducted in the method of recovery and recycling prescribed by Ordinance of the Ministry of Environment. |
(3) | Upon receiving an application under paragraph (2), the Minister of Environment shall confirm the performances of delivery and import, and the state of recovery and recycling conducted by the manufacturer or importer through an on-spot inspection, etc. as prescribed by Ordinance of the Ministry of Environment and notify the results thereof to the applicant. <Amended on Jul. 2, 2019> |
(4) | Where the performances of recovery and recycling by a manufacturer or importer is less than a ratio classified in each subparagraph of paragraph (1), the Minister of Environment shall reduce the amount of waste charges corresponding to the quantity recovered and recycled. |
[This Article Newly Inserted on Jan. 22, 2013]
Article 14 (Return of Waste Charges and Recycling Dues) |
(1) | Where a person who has paid waste charges or recycling dues under Article 19 (1) of the Act (hereinafter referred to as "recycling dues") falls under any of the following he or she may request the Minister of Environment to return the waste charges or recycling dues, as prescribed by Ordinance of the Ministry of Environment: |
1. | Where a manufacturer has not released or has exported all or some of products, materials, containers or packing materials subject to the payment of waste charges or recycling dues; |
2. | Where an importer has exported all or some of products, materials, containers or packing materials subject to the payment of waste charges or recycling dues imported by him or her; |
3. | Where the amount already paid exceeds the amount to be imposed and collected due to an error in the determination of collection, a mistake in receipt, etc. |
(2) | Upon receipt of a request under paragraph (1), the Minister of Environment shall return the relevant waste charges or recycling dues within 14 days from the date of receipt of such request. |
[This Article Wholly Amended on May 25, 2021]
Article 14-2 (Reimbursement of Collection Expenses) |
(1) | The Minister of Environment shall, if he or she has entrusted the Korea Environment Corporation under the Korea Environment Corporation Act (hereinafter referred to as the "Korea Environment Corporation") with the task of collecting waste charges and additional charges pursuant to Article 12 (7) of the Act, pay the Korea Environment Corporation, as collection expenses, an amount equivalent to 10/100 of the waste charges or additional charges collected by the Corporation. <Amended on Dec. 24, 2009; Jan. 22, 2013> |
(2) | The Minister of Environment shall settle collection expenses every month under paragraph (1) for waste charges and additional charges paid to a special account for environmental improvement under the Act on Special Accounts for Environmental Improvement and pay them to the Korea Environment Corporation no later than the end of the following month. <Amended on Dec. 24, 2009> |
[This Article Wholly Amended on Apr. 6, 2009]
Article 14-3 (Period and Procedures for Deferment of Collection and Installment Payment of Waste Charges) |
(1) | The period for deferment of collection under Article 12-2 (1) of the Act shall be six months from the date following a deadline for payment; the period for installment payments, and the amount of installment payments during such period may be determined by the Minister of Environment. |
(2) | Where the collection of waste charges is deemed impracticable even within the period for deferment of collection under paragraph (1) because any of the grounds prescribed under the subparagraphs of Article 12-2 (1) of the Act continues to exist, the Minister of Environment may extend the period for deferment of collection only once. In such cases, an extension shall not exceed six months from the date following a deadline for the deferment of collection under paragraph (1). |
(3) | When the Minister of Environment defers collection pursuant to Article 12-2 (1) of the Act or extends the period for deferment of collection pursuant to paragraph (2), he or she may request security equivalent to the amount of deferment. |
(4) | A person who intends to be eligible for deferment of collection or to make installment payments pursuant to Article 12-2 (1) of the Act or to obtain an extension of the period for deferment of collection pursuant to paragraph (2) shall file an application for deferment of collection, installment payments or extension of a period for deferment of collection with the Minister of Environment. |
(5) | Upon receipt of a request under paragraph (4), the Minister of Environment shall notify the relevant applicant of whether approval is granted, as prescribed by Ordinance of the Ministry of Environment. |
(6) | Where any of following applies to a person liable to pay waste charges, the Minister of Environment shall revoke the deferment of collection under Article 12-2 (1) of the Act and collect the waste charges, the collection of which has been deferred, in a lump sum: |
1. | Where the deferment of collection is granted by means of installment payment, and no installment payment is made by a designated deadline; |
2. | Where an order of the Minister of Environment necessary for the modification of security or preservation of security is not observed; |
3. | Where the deferment of collection is deemed unnecessary due to the fluctuation of property condition or changes in other situations. |
(7) | Where the Minister of Environment revokes the deferment of collection pursuant to paragraph (6), he or she shall notify the person liable to pay waste charges of such fact. |
[This Article Newly Inserted on Feb. 11, 2014]
[Previous Article 14-3 moved to Article 14-6 <Feb. 11, 2014>]
Article 14-4 (Exceptions to Collection of Waste Charges) |
"Amount prescribed by Presidential Decree" in Article 12-2 (2) of the Act means 10 thousand won. [This Article Newly Inserted on Feb. 11, 2014]
Article 14-5 (Notice of Collection before Deadline for Payment) |
If the Minister of Environment intends to collect waste charges before a deadline for payment pursuant to Article 12-2 (4) of the Act, he or she shall give notice of a modified deadline for payment and grounds therefor to persons liable to pay waste charges. [This Article Newly Inserted on Feb. 11, 2014]
Article 14-6 (Scope of Waste Dischargers) |
(1) | "Owners, occupants, or managers of land or buildings prescribed by Presidential Decree" in Article 12-3 (1) of the Act means any of the following persons who discharge wastes (excluding designated wastes; hereinafter the same shall apply) in the course of conducting business: <Amended on Feb. 11, 2014> |
1. | An owner, occupant, or manager of a building with a gross floor area of at least 1,000 square meters; |
2. | An owner, occupant, or manager of a parcel of land, from which at least 300 kilograms of wastes on average are discharged each day, or at least five tons of wastes are discharged due to a series of construction projects, other works, etc. |
(2) | When applying paragraph (1), at least two buildings on sites bordering one another and owned by the same person shall be deemed a single building. |
[This Article Wholly Amended on Apr. 6, 2009]
[Moved from Article 14-3 <Feb. 11, 2014>]
Article 15 (Examination of Performance of Products Delivery) |
(1) | In any of the following cases, the Minister of Environment may have public officials in charge examine and verify the performances of delivery or import of products, materials and containers of a manufacturer or importer thereof, in accordance with Article 36 of the Act: <Amended on Oct. 29, 2012> |
1. | Where a manufacturer or importer fails to submit data regarding the performances of delivery or import of products, materials and containers under Article 12 (1); |
2. | Deleted; <Oct. 29, 2012> |
3. | Where there is a discrepancy between an amount already paid as a waste charge and an amount owed as a waste charge, or the Minister of Environment deems it necessary to examine and verify on any other ground. |
(2) | If it is discovered as a result of the examination and verification under paragraph (1) that the relevant manufacturer or importer owes a waste charge or an amount already paid is less than an amount owed, the Minister of Environment shall notify the manufacturer or importer of its request for paying the waste charge payable or the differences. In such cases, the waste charge payable or the differences shall be calculated by applying Article 12 (2) mutatis mutandis, and the period of the payment shall not exceed 20 days from the day on which the payment notice is issued. <Amended on Oct. 29, 2012> |
[This Article Wholly Amended on Apr. 6, 2009]
Article 15-2 (Establishment of Recycling Centers and Standards for Facilities) |
A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to the head of a Gu; hereinafter the same shall apply) shall comply with the following standards in establishing a recycling center pursuant to Article 13-2 (6) of the Act: Provided, That such standards need not be complied with in cases of an area in a Gun where there is no city formed with a population of at least 30,000 people: <Amended on Jul. 21, 2014; Dec. 26, 2017> 1. | The total floor area of a recycling center for used-goods showroom shall be at least 150 square meters; |
2. | A separate space shall be available for repairing or other work for used goods; |
3. | At least one separate warehouse shall be available for keeping used goods not on display; |
4. | There shall be a space in which operators and managers of a recycling center as well as visitors can rest within a space for used goods showroom; |
5. | At least one vehicle shall be available for collecting and transporting used goods; |
6. | An employee shall be in charge of exchanges and sales, an employee in charge of repairs, and a person in charge of collection and transportation. |
[This Article Wholly Amended on Apr. 6, 2009]
Article 16 (Products and Packing Materials with Mark of Separate Discharge) |
"Products and packing materials prescribed by Presidential Decree" in Article 14 of the Act means the following products and packing materials: <Amended on Dec. 31, 2009; Dec. 30, 2016; Nov. 23, 2021; Jun. 7, 2022> 1. | Packing materials provided for in subparagraphs 1 through 3 of Article 18: Provided, That the following packing materials shall be excluded herefrom: |
(a) | Containers of products whose price includes resources circulation deposit; |
(b) | Film- and sheet-type packing materials which do not have any mark, such as printing, engraving, or labeling on their surfaces; |
(c) | Packing materials that meet the standards determined and publicly notified by the Minister of Environment, such as packing materials on which it is difficult to mark separate discharge due to surface area, capacity, or material; |
2. | Other products and packing materials made of paper, metal, glass, or plastic and designated by the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment. |
[This Article Wholly Amended on Apr. 6, 2009]
Article 17 (Containers Subject to Imposition of Resource Circulation Deposits) |
(1) | "Reusable container prescribed by Presidential Decree" in Article 15-2 (1) 1 of the Act means reusable glass containers. |
(2) | "Products prescribed by Presidential Decree" in Article 15-2 (1) 1 of the Act means the following products: |
(3) | "Business operator ... falls under the business type and scale prescribed by Presidential Decree" in Article 15-2 (1) 2 of the Act means any of the following business entities determined and publicly notified by the Minister of Environment: |
1. | A franchiser or a franchisee defined in subparagraph 2 or 3 of Article 2 of the Fair Transactions in Franchise Business Act, engaged in a franchise defined in subparagraph 1 of Article 2 of that Act (in cases of types of business, limited to coffee, beverages, confectionery, and fast food), which has at least 100 shops in operation as at the end of the year before the preceding year; |
3. | Other business entities falling under subparagraph 1 or 2, for whom the Minister of Environment deems it necessary to include resource circulation deposits in their product prices in consideration of the quantity of disposable cups used, sales volume, the number of shops, etc., among business entities of less than the size specified in the relevant subparagraph. |
(4) | "Products prescribed by Presidential Decree" in Article 15-2 (1) 2 of the Act means beverages. |
[This Article Wholly Amended on Nov. 23, 2021]
Article 17-2 (Establishment of the Container Deposit System Management Organization) |
(1) | Any business entity subject to security deposit prescribed in the former part of Article 15-2 (3) of the Act under Article 15-6 (1) of the Act who intends to jointly establish the Container Deposit System Management Organization under that paragraph shall apply for permission to the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment. <Amended on Nov. 23, 2021> |
(2) | Upon receipt of an application under paragraph (1), the Minister of Environment shall permit the establishment of the Container Deposit System Management Organization if the applicant is deemed to have human resources, organizations, and financial capacities required for performing the business under Article 15-6 (3) of the Act. |
(3) | Upon granting permission to establish the Container Deposit System Management Organization under paragraph (2), the Minister of Environment shall publicly announce such fact in the Official Gazette or on the website of the Ministry of Environment. |
[This Article Newly Inserted on Jun. 8, 2021]
Article 18 (Products and Packing Materials Subject to Mandatory Recycling) |
"Products and packing materials prescribed by Presidential Decree" in Article 16 (1) of the Act means the following: Provided, That excluded herefrom are products and packing materials manufactured or imported by a manufacturer or an importer for exportation, samples of products and packing materials imported for research purposes by an institution or organization referred to in Article 14 (1) of the Basic Research Promotion and Technology Development Support Act, and products and packing materials returned and destroyed: <Amended on Dec. 31, 2009; Nov. 19, 2010; Dec. 20, 2010; Mar. 22, 2011; Nov. 20, 2013; Jan. 28, 2014; Jul. 16, 2014; Nov. 26, 2015; Jan. 19, 2016; Dec. 30, 2016; Jan. 26, 2017; Dec. 31, 2018; Jul. 2, 2019; May 3, 2022> 1. | Paper packaging (limited to paper packaging to which the synthetic resin foil or aluminum foil is attached) used for packing the following products, glass bottles, metal cans, packing materials of synthetic resin (including containers, packing materials in film or sheet and trays, but excluding the packing materials of products referred to in the items of subparagraph 2): |
(b) | Agricultural, fishery, and livestock products (limited to the primary products, excluding foodstuffs referred to in item (a)); |
(c) | Detergents (referring to toothpaste and soap under the Standard Industrial Classification and soap and detergents manufactured by other detergent manufacturers); |
(d) | Cosmetics permitted under the Cosmetics Act and shampoos and conditioners for pet animals; |
(e) | Medicines and non-pharmaceutical products permitted under the Pharmaceutical Affairs Act (excluding PTP-packed products in a vial or an ampoule containing 30 milliliters or 30 grams or less, products not packed in a bottle containing 30 milliliters or 30 grams or less, except insecticide and germicide, and medicines discharged as medical wastes defined in subparagraph 5 of Article 2 of the Wastes Control Act); |
(g) | Insecticide and germicide (referring to insecticide and germicide produced by manufacturers of insecticide and germicide for home use under the Standard Industrial Classification, but excluding pesticides defined in subparagraph 1 of Article 2 of the Pesticide Control Act); |
(h) | Apparel (referring to apparel and accessories therefor manufactured by manufacturers of sewing apparel, woven apparel and accessories for apparel under the Standard Industrial Classification); |
(i) | Paper products (referring to paper products manufactured by manufacturers of sanitary paper products under the Standard Industrial Classification); |
(j) | Rubber gloves (referring to rubber gloves for household use among rubber gloves manufactured by manufacturers of rubber wear and other sanitary rubber products under the Standard Industrial Classification); |
(k) | Antifreeze, brake liquids, and lubricating oil referred to in subparagraph 6 (limited to packing materials made of synthetic resin); |
(l) | Products other than those referred to in items (a) through (k) (limited to packing materials made of synthetic resin, but excluding plastic containers referred to in Article 10 (1) 1 and medical devices for external diagnosis among medical devices under the Medical Devices Act); |
2. | Packing materials made of synthetic resins which are used for packing the following products (referring to packing materials in forms of film and sheet and shock-absorbing materials made of synthetic resin foam): |
(a) | Electrical machinery, audio or video appliances, information and office equipment among electrical appliances subject to safety certification and electrical appliances subject to safety confirmation defined in subparagraphs 10 (a) and 11 (a) of Article 2 of the Electric Appliances and Consumer Products Safety Control Act; |
(b) | Personal computers (including monitors and keyboards); |
3. | Disposable bags and shopping bags made of synthetic resin (excluding pay-as-you-go waste bags); |
3-2. | The following films (excluding the packing materials referred to in subparagraphs 1 through 3) made of synthetic resin except for polyvinyl chloride (PVC): |
(a) | Air-filled films used for shock-absorbing packaging or insulation; |
(b) | Films used for the washing and dry cleaning services (referring to the washing and dry cleaning services specified in the Standard Industrial Classification) to protect fur products, clothes, fabric products, etc.; |
(c) | Plastic bags (excluding pay-as-you-go waste bags); |
(d) | Disposable vinyl gloves; |
(e) | Wrap films for food packaging; |
4. | The following batteries (including batteries contained as a component or part of any product listed in attached Table 3): |
(b) | Oxidized silver batteries; |
(c) | Nickel-cadmium batteries; |
(d) | Lithium batteries (limited to primary batteries); |
(e) | Manganese batteries and alkaline manganese batteries; |
(f) | Nickel-hydrogen batteries; |
5. | Tires used for the following vehicles and machines: |
6. | Lubricating oil used for the following vehicles and machines: |
(a) | Motor vehicles defined in subparagraph 1 of Article 2 of the Motor Vehicle Management Act (excluding two-wheeled motor vehicle with engines working in four-strokes of intake, compression, explosion, and exhaust by a one-stroke crankshaft); |
7. | The following lighting products: |
(a) | Fluorescent lamps (including half-finished lamps for manufacturing fluorescent lamps containing mercury); |
(b) | Lighting for Light Diodes (LEDs); |
9. | Sheet film (referring to plastics made of synthetic resin used for compressing and binding forage crops, rice straws, etc.) for baled silage; |
11. | Products of synthetic resin that are specified in attached Table 3-2; |
12. | Other products and packing materials approved by the Minister of Environment, which producers intend to recover and recycle through the producers' association. |
[This Article Wholly Amended on Apr. 6, 2009]
Article 19 (Type of Business and Scale of Places of Business Eligible for Exemption from Obligation to Recycle Products and Packing Materials) |
"Place of business for the type and of the size prescribed by Presidential Decree" in the former part of Article 16 (2) of the Act shall be places of business specified in attached Table 4. [This Article Wholly Amended on Apr. 14 2020]
Article 20 (Entrustment of Recovery and Recycling) |
"Persons prescribed by Presidential Decree" in Article 16 (3) 2 (c) of the Act means any of the following persons: <Amended on Nov. 20, 2013; Apr. 14, 2020> 1. | A business entity who manufactures recycled products; |
2. | A designated recycling business entity under Article 23 (1) of the Act (hereinafter referred to as "designated recycling business entity"); |
4. | Deleted; <Nov. 20, 2013> |
5. | A person who has obtained approval for the installation of a waste disposal facility or has filed a report on the installation of such facility pursuant to Article 29 (2) of the Wastes Control Act; |
7. | Deleted; <Nov. 20, 2013> |
8. | Other persons engaged in recycling business, publicly notified by the Minster of Environment. |
[This Article Wholly Amended on Apr. 6, 2009]
[Title Amended on Jan. 19, 2016]
Article 21 (Protection of Persons Entrusted with Recovery and Recycling) |
When a producer obligated to recycle under Article 16 (1) of the Act (hereinafter referred to as "producer obligated to recycle") or a recycling business mutual aid cooperative under Article 27 (1) of the Act (hereinafter referred to as "cooperative") entrusts the recovery and recycling of products and packing materials pursuant to Article 16 (4) of the Act, a contract shall be concluded so as not to intrude on the business areas of small and medium enterprises protected under the Act on the Promotion of Collaborative Cooperation between Large Enterprises and Small-Medium Enterprises, but to reflect appropriate expenses for recovery and recycling therein and protect rights and interests of a person entrusted with the recovery and recycling of the products and packing materials. <Amended on Nov. 20, 2013; Jan. 19, 2016; Apr. 14, 2020> [This Article Wholly Amended on Apr. 6, 2009]
[Title Amended on Jan. 19, 2016]
Article 22 (Calculation and Public Notice of Mandatory Recycling Rate) |
(1) | The Minister of Environment shall, in accordance with Article 17 (1) of the Act, calculate a rate at which each producer obligated to recycle shall recycle (hereinafter referred to as "mandatory recycling rate") out of the quantity of products and packing materials delivered (referring to an imported quantity for an importer and a quantity sold for a distributor; hereinafter the same shall apply) for each type of products and packing materials in accordance with guidelines for calculation of mandatory recycling rates prescribed in attached Table 5 before publicly notifying the rate subject to prior consultations with the competent Minister before the beginning of each year. <Amended on May 25, 2021> |
(2) | Every producer obligated to recycle shall submit the following data to the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment, no later than April 15 each year: Provided, That any manufacturer reusing empty containers referred to in the former part of Article 15-2 (4) of the Act shall be excluded herefrom: <Amended on Jan. 19, 2016; May 25, 2021> |
1. | Data on the quantity of products and packing materials delivered in the previous year; |
2. | Data obtained by calculating the quantity of materials containing recycled waste plastics prescribed by Ordinance of the Ministry of Environment (hereinafter referred to as "materials containing recycled waste plastics") that are used for products and packing materials in the previous year by product and packing materials (such data shall be submitted only where applicable). |
(3) | The Minister of Environment shall publicly notify a long-term target recycling rate every five years and reflect it in a mandatory recycling rate publicly notified pursuant to paragraph (1) so that producers obligated to recycle can facilitate collection and recycling of wastes throughout the stages from production and distribution to collection of products and packing materials. |
(4) | The Minister of Environment may, if he or she deems it necessary to revise a mandatory recycling rate or long-term target recycling rate under paragraph (3) to adapt to a change in conditions of recycling, revise such mandatory recycling rate or long-term target recycling rate for the relevant year and give public notice thereof. <Amended on Dec. 31, 2018> |
[This Article Wholly Amended on Apr. 6, 2009]
Article 23 (Mandatory Recycling Quantity by Producers Obligated to Recycle) |
(1) | The mandatory recycling quantity of each producer obligated to recycle (hereinafter referred to as "mandatory recycling quantity") under Article 17 (2) of the Act shall be calculated using the following formula: |
Mandatory recycling rate for each product or packing material under Article 22 (1) × Quantity of products or packing materials delivered in the pertinent year by the producer obligated to recycle. (2) | Where a producer obligated to recycle has manufactured, imported, or sold products and packing materials in which materials containing recycled waste plastics are used and submitted the data under Article 22 (2) 2, the Minister of Environment may reduce the mandatory recycling quantity as determined and publicly notified by the Minister of Environment. <Amended on May 25, 2021> |
[This Article Wholly Amended on Apr. 6, 2009]
Article 24 (Submission of Plans to Fulfill Recovery and Recycling Obligations) |
Every person set forth in Article 18 (1) of the Act shall submit to the Minister of Environment a plan to fulfill the recovery and recycling obligations pursuant to that paragraph no later than January 31 of the relevant year, along with documents specified by Ordinance of the Ministry of Environment: Provided, That any person who falls under Article 18 (1) 1 or 3 of the Act may submit such plan within 30 days (no later than December 31, if products and packing materials are delivered or imported initially on or after December 1) from the initial date of delivery or import of products and packing materials for the pertinent year (referring to the initial date of import declarations filed pursuant to Article 241 or 244 of the Customs Act). <Amended on Nov. 20, 2013; Jan. 19, 2016> [This Article Wholly Amended on Apr. 6, 2009]
[Title Amended on Nov. 20, 2013]
Article 25 (Approval of Plans to Fulfill Recovery and Recycling Obligations) |
(1) | Upon receipt of a plan to fulfill the recovery and recycling obligations pursuant to Article 24, the Minister of Environment shall determine whether to approve such plan and issue a letter of approval within 30 days, if he or she approves it, or notify the person who has submitted the plan to fulfill the recovery and recycling obligations of his or her disapproval and grounds therefor, if he or she does not approve it. <Amended on Nov. 20, 2013; Jan. 19, 2016> |
(2) | Any person that receives a notice of disapproval of his or her plan to fulfill the recovery and recycling obligations from the Minister of Environment pursuant to paragraph (1) shall submit a supplemented plan to fulfill the recovery and recycling obligations within 20 days from the date of receipt of such notice. <Amended on Nov. 20, 2013; Jan. 19, 2016> |
(3) | A person who has obtained approval pursuant to paragraph (1) shall, if there is a change in any matter specified by Ordinance of the Ministry of Environment among the details of a plan to fulfill the recovery and recycling obligations, submit to the Minister of Environment a revised plan to fulfill the recovery and recycling obligations within 30 days from the date of the change, along with documents proving such change. <Amended on Nov. 20, 2013; Jan. 19, 2016> |
[This Article Wholly Amended on Apr. 6, 2009]
[Title Amended on Nov. 20, 2013]
Article 26 (Submission of Reports on Outcomes of Fulfilling Recovery and Recycling Obligations) |
Any person that has obtained approval of his or her plan to fulfill the recovery and recycling obligations pursuant to Article 25 shall submit to the Minister of Environment a report on the outcomes of fulfilling the recovery and recycling obligations no later than April 30 of the following year pursuant to Article 18 (2) of the Act, along with documents specified by Ordinance of the Ministry of Environment including documents proving the performances of recovery and recycling. <Amended on Nov. 20, 2013; Jan. 19, 2016> [This Article Wholly Amended on Apr. 6, 2009]
[Title Amended on Nov. 20, 2013]
Article 27 (Recycling Costs) |
(1) | The costs incurred in recycling wastes, which serve as the basis for calculating the recycling due (hereinafter referred to as "unit recycling cost") shall be calculated by multiplying the standard recycling cost in attached Table 6 by the index for calculating recycling costs publicly notified by the Minister of Environment. <Amended on May 25, 2021> |
(2) | The index for calculating recycling costs under paragraph (1) for each year shall be a value obtained by multiplying the index for calculating recycling costs for the previous year by the inflation rate of the previous year. |
[This Article Wholly Amended on Apr. 6, 2009]
Article 28 (Calculation and Imposition of Recycling Dues) |
(1) | Recycling dues shall be calculated by multiplying the unit recycling cost by the quantity not recycled out of the mandatory recycling quantity and adding an additional charges calculated in accordance with attached Table 7 to the amount calculated by multiplying. <Amended on May 25, 2021> |
(2) | Any producer obligated to recycle or a cooperative that has recycled wastes in excess of the mandatory recycling quantity may include the excess in the performances of recovery and recycling for the following year or for the year after the following year: Provided, That this shall be limited to cases where the mandatory recycling quantity is not fulfilled for the year in which the excess is intended to be included. <Amended on Nov. 20, 2013; Jan. 19, 2016> |
(3) | If any producer obligated to recycle or a cooperative fails to attain the mandatory recycling quantity, the Minister of Environment shall provide a notice of payment of the recycling due calculated in accordance with paragraph (1) no later than July 30 each year, as prescribed by Ordinance of the Ministry of Environment. In such cases, the recycling due may be paid in installments as prescribed by Ordinance of the Ministry of Environment. <Amended on Oct. 29, 2012; Nov. 20, 2013> |
(4) | Any person who has received a notice of payment of recycling dues pursuant to paragraph (3) shall pay the recycling dues no later than August 31 of the pertinent year: Provided, That a person who pays the recycling dues in installments pursuant to the latter part of paragraph (3) shall pay them by a deadline prescribed by Ordinance of the Ministry of Environment. <Amended on Oct. 29, 2012; Nov. 20, 2013> |
(5) | If the Minister of Environment intends to collect recycling dues before the deadline for payment under Article 19 (3) of the Act, he or she shall notify a person liable to pay recycling dues of the changed deadline for payment and the grounds therefor. <Newly Inserted on Aug. 22, 2023> |
[This Article Wholly Amended on Apr. 6, 2009]
Article 28-2 (Deferment of Collection and Installment Payment of Recycling Dues) |
(1) | The period for deferment of collection under Article 19 (5) of the Act shall be six months from the date following a deadline for payment; and the deadline for installment payment and the amount of installment payment during such period may be determined by the Minister of Environment. |
(2) | Where the collection of recycling dues is deemed impracticable even within the period for deferment of collection under paragraph (1) because any of the grounds prescribed under the subparagraphs of Article 19 (5) of the Act continues to exist, the Minister of Environment may extend the period for deferment of collection only once. In such cases, an extension shall not exceed six months from the date following a deadline for the deferment of collection under paragraph (1). |
(3) | When the Minister of Environment defers collection under Article 19 (5) of the Act or extends the period for deferment of collection under paragraph (2), he or she may request security equivalent to the amount of deferment. |
(4) | A person who intends to be eligible for deferment of collection or to make installment payments under Article 19 (5) of the Act or to obtain an extension of the period for deferment of collection under paragraph (2) shall file an application for deferment of collection, installment payments, or extension of a period for deferment of collection with the Minister of Environment. |
(5) | Upon receiving any application under paragraph (4), the Minister of Environment shall notify the relevant applicant of the outcome of his or her application for the deferment of collection, installment payment, or extension of the period for deferment of collection, as prescribed by Ordinance of the Ministry of Environment. |
(6) | Where any of following applies to a person liable to pay recycling dues, the Minister of Environment shall revoke the deferment of collection under Article 19 (5) of the Act and collect the recycling dues, the collection of which has been deferred, in a lump sum: |
1. | Where the deferment of collection is granted by means of installment payment, and no installment payment is made by a designated deadline; |
2. | Where the person fails to comply with an order of the Minister of Environment issued for the change or perpetuation of security; |
3. | Where the deferment of collection is deemed unnecessary due to the fluctuation of property condition or changes in other situations. |
(7) | Where the Minister of Environment revokes the deferment of collection under paragraph (6), he or she shall notify the person liable to pay recycling dues of such fact, as prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Aug. 22, 2023]
[Previous Article 28-2 moved to Article 28-3 <Aug. 22, 2023>]
Article 28-3 (Reimbursement of Collection Expenses) |
(1) | Where the Minister of Environment entrusts the Korea Environment Corporation with the business affairs of collecting recycling dues or additional charges under Article 19 (9) of the Act, he or she shall grant the following amount to the Korea Environment Corporation to cover collection expenses: <Amended on Dec. 24, 2009; Nov. 20, 2013; Oct. 22, 2014; Aug. 22, 2023> |
1. | Where the proportion (hereinafter referred to as "proportion of collection") of actually collected amount among the recycling dues and additional charges imposed by the Minister of Environment pursuant to Article 19 (1) and (6) of the Act is below 60 percent: 10/100 of the collected recycling dues and additional charges; |
2. | Where the proportion of collection is at least 60 percent, but below 80 percent: 15/100 of the collected recycling dues and additional charges; |
3. | Where the proportion of collection is at least 80 percent: 20/100 of the collected recycling dues and additional charges. |
(2) | The Minister of Environment shall calculate collection expenses under paragraph (1) each month, out of recycling dues or additional charges deposited into the special accounts for environmental improvement under the Act on Special Accounts for Environmental Improvement, and reimburse the Korea Environment Corporation for collection expenses by the end of the following month. <Amended on Dec. 24, 2009> |
[This Article Wholly Amended on Apr. 6, 2009]
[Moved from Article 28-2; previous Article 28-3 moved to Article 28-4 <Aug. 22, 2023>]
Article 28-4 (Payment of Charges by Credit Cards) |
(1) | "Agency prescribed by Presidential Decree" in Article 19-2 (1) of the Act means the following: |
1. | The Korea Financial Telecommunications and Clearings Institute established with the permission of the Financial Services Commission pursuant to Article 32 of the Civil Act; |
2. | An agency that provides payment services by credit card, debit card, etc. (hereafter in this Article referred to as "credit card, etc.") through the information and communications network, which is designated and publicly notified by the Minister of Environment in consideration of the facilities, capabilities to perform business, scale of capital, etc. |
(2) | A payment agency for charges, etc. referred to in Article 19-2 (1) of the Act may collect fees for vicarious payment as prescribed by the Minister of Environment, within 10/1,000 of the relevant charges, etc. in return for paying charges, etc. vicariously on behalf of a person liable to pay waste charges and recycling dues referred to in Article 19-2 (3) of the Act and additional charges under Articles 12 (4) and 19 (6) of the Act (hereafter in this Article referred to as "charges, etc."). <Amended on Aug. 22, 2023> |
(3) | Except as provided in paragraphs (1) and (2), matters necessary for payment of charges, etc. by credit card, etc. shall be determined and publicly notified by the Minister of Environment. |
[This Article Newly Inserted on Nov. 23, 2021]
[Moved from Article 28-3 <Aug. 22, 2023>]
Article 29 (Inspection of Performances of Recovery and Recycling) |
(1) | The Minister of Environment may have relevant public officials to inspect and ascertain, in accordance with Article 36 of the Act, the quantity of delivery and the performances of recovery and recycling conducted by a producer obligated to recycle, a cooperative, or a person entrusted with recovery and recycling in any of the following cases: <Amended on Nov. 20, 2013; Jan. 19, 2016> |
1. | Where a producer obligated to recycle does not submit a report on the quantity of each product and packing material delivered pursuant to Article 22 (2); |
2. | Where any person set forth in subparagraphs of Article 18 (1) of the Act does not submit a report on the outcomes of fulfilling the recovery and recycling obligations; |
3. | Where there is a difference between the performances of recovery and recycling received pursuant to Article 26 and the actual outcomes of recovery and recycling; |
4. | Other cases where the Minister of Environment deems it necessary to inspect and ascertain. |
(2) | If it is found as a result of the inspection and ascertainment under paragraph (1) that a producer obligated to recycle or a cooperative owes any amount of recycling dues or that the amount already paid is less than an amount actually owed, the Minister of Environment shall notify the producer obligated to recycle or the cooperative to pay the unpaid recycling dues or the difference. In such cases, the unpaid recycling dues or the difference shall be calculated by applying mutatis mutandis Article 28 (1) and shall be paid within 30 days from the date on which a notice of payment is issued. <Amended on Nov. 20, 2013> |
[This Article Wholly Amended on Apr. 6, 2009]
[Title Amended on Nov. 20, 2013]
Article 30 Deleted. <Dec. 28, 2007> |
Article 30-2 Deleted. <Dec. 28, 2007> |
Article 31
[Moved to Article 17 <Apr. 6, 2009>]
Article 32 (Types of Business Related to Designated Recycling Business Entity) |
"Type of business prescribed by Presidential Decree" in Article 23 (1) of the Act means any of the following types of business: <Amended on Nov. 23, 2021> 1. | Manufacturing of paper; |
2. | Manufacturing of glass containers; |
3. | Manufacturing of iron or steel; |
4. | Manufacturing synthetic resin or other plastic substances. |
[This Article Wholly Amended on Apr. 6, 2009]
Article 33 (Basic Policies on Guidelines with Which Designated Recycling Business Entities Shall Comply) |
"Basic policies and procedures prescribed by Presidential Decree" in Article 23 (1) of the Act means the following: <Amended on Nov. 23, 2021> 1. | The following persons who are designated recycling business entities shall be encouraged to focus on implementing recycling measures, and any persons other than those specified in the following items shall be encouraged to promote recycling measures step by step in light of their circumstances, including the scale of enterprise, current status of recycling facilities, technical capability, possibility of recycling, etc.: |
(a) | Manufacturing of papers: Persons who produce at least 10,000 tons of paper per year; |
(b) | Manufacturing of glass containers: Persons who produce at least 20,000 tons of glass containers per year; |
(c) | Manufacturing of iron or steel: Persons who produce at least 100,000 tons of crude steel or pig iron per year; |
(d) | Manufacturing of synthetic resin or other plastic substances: A person who produces at least 10,000 tons of pellets (PET, polytherine tetraffle) per year among plastic; |
2. | Every designated recycling business entity shall meet the target utilization rate of recyclable resources and follow efficient methods and procedures of recycling prescribed by the guidelines pursuant to Article 23 (1) of the Act, taking into account the quantities of recyclable resources generated and collected, the level of domestic technology for recycling, and the characteristics of products. Opinions of related organizations of business entities shall be reflected in determining the target utilization rate of recyclable resources; |
3. | Every designated recycling business entity shall prepare a utilization plan to meet the target utilization rate of recyclable resources and keep and preserve the record of the outcomes thereof; |
4. | Every designated recycling business entity shall encourage the use of recyclable resources domestically produced in substitution for those imported. |
[This Article Wholly Amended on Apr. 6, 2009]
Article 34 Deleted. <Dec. 28, 2007> |
Article 35 (Basic Policies on Guidelines with Which Business Entities Discharging Designated By-Products Shall Comply) |
"Basic policies and procedures prescribed by Presidential Decree" in Article 25 (1) of the Act means the following policies and procedures: 1. | The following persons, among business entities discharging designated by-products under Article 25 (1) of the Act, shall be encouraged to promote recycling, and any persons other than those specified in the following items shall be encouraged to promote recycling step by step to suit their circumstances, considering the size of each enterprise, the status of recycling facilities, technical capability, possibility of recycling, and other relevant facts: |
(a) | Steel slag: Persons who produce at least 100,000 tons of crude steel or pig iron per year; |
(b) | Coal ash: Persons who supply at least 100 million kilowatts of electricity per year; |
2. | A business entity discharging designated by-products shall be encouraged to follow the recycling measures prescribed by the guidelines under Article 25 (1) of the Act, considering the nature and state of designated by-products, the characteristics of discharge, and the level of domestic technology, such as establishing and operating facilities for separating, crushing, screening, and recycling designated by-products, in order to promote the recycling of designated by-products; |
3. | A business entity discharging designated by-products shall be induced to facilitate the recycling of by-products by way of endeavoring to develop technology needed to recycle by-products and encouraging other types of business or other places of business to recycle by-products generated; |
4. | A business entity discharging designated by-products shall prepare a plan for recycling designated by-products, and keep and preserve the record of the outcomes thereof. |
[This Article Wholly Amended on Apr. 6, 2009]
Article 35-2 (Improvement Orders to Installers and Operators of Manufacturing Facilities and Facilities to Use Solid Fuels) |
(1) | Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to issue an improvement order under Article 25-8 (3) of the Act, he or she shall issue a written order stating the following to the installer and operator of a relevant facility: <Amended on Aug. 22, 2023> |
1. | Grounds for the improvement order and details thereof; |
2. | The period to fulfill the improvement order; |
3. | The date scheduled for inspection and confirmation of the outcomes of fulfillment of the improvement order; |
4. | Considerations to be given regarding the fulfillment of the improvement order. |
(2) | The period of fulfillment under paragraph (1) 2 shall be determined by a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu within one year in consideration of the kinds and scale of facilities, details of measures necessary for improvement, etc. |
(3) | Upon receipt of a request from a person in receipt of an improvement order under Article 25-8 (3) of the Act, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may extend the period of fulfillment by up to six months. In such cases, he or she shall re-issue a written order stating the matters referred to in the subparagraphs of paragraph (1). <Amended on Aug. 22, 2023> |
[This Article Newly Inserted on Jul. 21, 2014]
Article 35-3 (Standards and Procedures for Imposition of Penalty Surcharges in Lieu of Prohibition Orders) |
(1) | Standards for imposing penalty surcharges under Article 25-11 (1) of the Act are as prescribed in attached Table 7-2. |
(2) | Where the Minister of Environment, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to impose a penalty surcharge pursuant to Article 25-11 (1) of the Act, he or she shall specify grounds for imposition, amount of the penalty surcharge, etc. in detail, and give a written notice to a person subject to such penalty surcharge. |
(3) | A person, in receipt of the written notice under paragraph (2), shall pay the penalty surcharge to a collecting agency designated by the Minister of Environment, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of Si/Gun/Gu within 60 days after receipt of such written notice. <Amended on Dec. 12, 2023> |
(4) | A collecting agency, in receipt of a penalty surcharge pursuant to paragraph (3), shall issue a receipt to the payer, and notify, without delay, such fact to the Minister of Environment, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. |
[This Article Newly Inserted on Jul. 21, 2014]
Article 35-4 (Procedures for Establishment of Korea Waste-to-Energy Association) |
(1) | A person who intends to obtain permission to establish the Korea Waste-to-Energy Association under Article 26 (1) of the Act shall submit an application containing the following matters, accompanied by a business plan, to the Minister of Environment: |
3. | Name and address of its representative; |
(2) | Upon receipt of an application under paragraph (1), the Minister of Environment shall approve the establishment of the Korea Waste-to-Energy Association if it is deemed capable of performing the duties to increase conversion of waste into energy, and to improve related technologies after examining the details of such application. |
(3) | If necessary for granting permission to establish the Korea Waste-to-Energy Association under Article 26 (1) of the Act, the Minister of Environment may request necessary documents or explanation from the relevant applicant. |
[This Article Newly Inserted on Jul. 21, 2014]
Article 35-5 (Matters to Be Entered in Articles of Association of Korea Waste-to-Energy Association) |
(1) | Matters to be entered in the articles of association under Article 26 (4) of the Act are as follows: |
3. | Location of an office; |
5. | Matters concerning the rights and obligations of members; |
6. | Matters concerning the appointment and dismissal of executive officers; |
7. | Matters concerning general meetings and the board of directors; |
8. | Where the period of existence or reasons for dissolution are specified, such period or reasons. |
(2) | The Korea Waste-to-Energy Association, in receipt of permission pursuant to Article 35-4 (2), shall prepare the following documents and submit them to the Minister of Environment by the end of February of every year: |
1. | Reports on business accomplishments and settlement of accounts of revenues and expenditures during the previous year; |
2. | Business plan and budget for revenues and expenditures of the next year. |
(3) | Where the name of a representative or address is changed, the Korea Waste-to-Energy Association, in receipt of permission pursuant to Article 35-4 (2), shall make a report thereon to the Minister of Environment within 20 days from the date of such change. |
[This Article Newly Inserted on Jul. 21, 2014]
Article 36 (Business Eligible for Development of Recycling Industry) |
"Businesses prescribed by Presidential Decree" in Article 31 (1) 8 of the Act means the following businesses: <Amended on Nov. 20, 2013> 1. | A recycling business under any of subparagraphs 2 through 4 of Article 4; |
2. | A business of selling recycled goods; |
3. | A business of designing and producing machinery, equipment, or recycling facilities for manufacturing products with recyclable resources. |
[This Article Wholly Amended on Apr. 6, 2009]
Article 37 (Support for Exemplary Designated Recycling Business Entities) |
The Minister of Environment may designate any designated recycling business entity who has achieved exceptional results in recovery and recycling as an exemplary designated recycling business entity. In such cases, the Government may preferentially support exemplary designated recycling business entities with a fund under Article 31 of the Act or in any other way. <Amended on Nov. 20, 2013> [This Article Wholly Amended on Apr. 6, 2009]
Article 38 Deleted. <Jun. 13, 2005> |
Article 39 Deleted. <Jun. 13, 2005> |
Article 40 (Developers of Recycling Complexes) |
"Person prescribed by Presidential Decree" in Article 34 (1) of the Act means any of the following persons: <Amended on Dec. 24, 2009> 1. | The Korea Environment Corporation; |
2. | Deleted. <Dec. 24, 2009> |
[This Article Wholly Amended on Apr. 6, 2009]
Article 41 (Development of Recycling Complexes) |
Pursuant to Article 34 (3) of the Act, each of the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") who intends to develop a recycling complex under paragraph (1) of that Article (hereinafter referred to as "recycling complex"), shall obtain approval therefor from the Minister of Environment in advance, as prescribed by Ordinance of the Ministry of Environment. The same shall apply to any change in important matters prescribed by Ordinance of the Ministry of Environment, among approved matters. <Amended on Dec. 26, 2017> [This Article Wholly Amended on Apr. 6, 2009]
Article 42 (Management and Operation of Recycling Complexes) |
(1) | Each person who has developed a recycling complex shall have the authority to manage and operate the recycling complex. |
(2) | The Minister of Environment may delegate or entrust his or her authority to manage and operate a recycling complex that has been developed by him or her to any of the following persons: <Amended on Dec. 24, 2009> |
2. | The Korea Environment Corporation; |
3. | Deleted; <Dec. 24, 2009> |
4. | The Sudokwon Landfill Site Management Corporation; |
5. | Any other person recognized by the Minister of Environment as able to manage and operate a recycling complex. |
(3) | As to any matter not prescribed in this Decree with regard to the procedures and methods for the management and operation of recycling complexes, the provisions concerning the procedures and methods for the management and operation of industrial complexes in statutes and regulations related to the industrial cluster development and factory establishment shall apply mutatis mutandis. |
[This Article Wholly Amended on Apr. 6, 2009]
Article 43 (Supply of Factory Sites to Recycling Business Entities) |
(2) | The Minister of Environment may, if he or she deems it necessary for the efficient supply of factory sites to recycling business entities, determine the need of the supply of factory sites, the area in demand, and the scope of business eligible for the supply, and request a person who has the authority to manage an industrial complex under paragraph (1) to preferentially supply factory sites. |
[This Article Wholly Amended on Apr. 6, 2009]
Article 44 (Recyclable Resources Subject to Collection, Storage, Screening, and Treatment by Public Infrastructure for Recycling) |
"Recyclable resources prescribed by Presidential Decree" in Article 34-4 (1) of the Act means the following resources: <Amended on Dec. 31, 2009; Dec. 31, 2018> 1. | Products and packing materials under subparagraphs 1 through 3, 3-2, and 7 of Article 18; |
4. | Others specified by the Minister of Environment or each Mayor/Do Governor. |
[This Article Wholly Amended on Apr. 6, 2009]
Article 44-2 (Entrustment of Establishment and Operation of Recycling Market Management Center) |
The Minister of Environment shall, pursuant to Article 34-10 (2) of the Act, entrust the Korea Environment Corporation with the business affairs related to the establishment and operation of the Recycling Market Management Center under Article 34-10 (1) of the Act. [This Article Newly Inserted on Jun. 8, 2021]
Article 45 Deleted. <Apr. 6, 2009> |
Article 46 (Organization of Resource Recycling Association) |
(1) | "Persons prescribed by Presidential Decree, such as producers obligated to recycle, cooperatives, producers of recycled products, and collectors of recyclable resources" in Article 35 (1) of the Act means the following persons: |
1. | Producers obligated to recycle wastes; |
2. | Mutual aid associations; |
3. | Persons who have filed a report on recycling of wastes and designated recycling business entities; |
4. | Producers of recycled goods; |
5. | Persons who collect, transport, or intermediately process recyclable resources; |
6. | Other persons who research and develop technology for recycling wastes. |
(2) | Any person who desires to obtain a permit for establishing an association for the promotion of recycling of resources (hereinafter referred to as "resource recycling association") pursuant to Article 35 (1) of the Act shall file an application, which shall describe the following matters, with the Minister of Environment, along with the articles of incorporation or an agreement and a business plan: |
3. | Name and address of its representative; |
4. | Date of establishment; |
(3) | The Minister of Environment shall, upon receiving an application under paragraph (2), examine the details of such application, such as the organization of members and grant a permit if he or she finds that association is able to promote recycling, taking into account the functions and features of each entity specified in each subparagraph of paragraph (1). |
(4) | Each resource recycling association that has obtained a permit pursuant to paragraph (3) shall report to the Minister of Environment on any change in its name, the place of business, the name and address of its representative, or the articles of incorporation or the agreement or the business plan within 20 days from the date of such change, whenever there is such change. |
(5) | The resource recycling association shall prepare the following documents and submit them to the Minister of Environment no later than the end of February every year: |
1. | A report on business performance and a report on the settlement of accounts for the previous year; |
2. | A business plan and a budget of revenues and expenditures for the pertinent year. |
[This Article Wholly Amended on Apr. 6, 2009]
Article 46-2 (Filing Objections to Waste Charges) |
(1) | If a person in receipt of the following notice or notification is dissatisfied therewith, he or she may file an objection with the Minister of Environment within 30 days after receipt of such notice or notification: <Amended on Feb. 11, 2014> |
1. | Notice of payment of waste charges under Article 12 (4); |
2. | Notification of outcomes of an application for exemption from waste charges under Article 13 (3); |
3. | Notification of whether an application for deferment of collection, installment payments or extension of the period for deferment of collection under Article 14-3 (5) is approved, and notification of revocation of deferment of collection under paragraph (7) of that Article; |
4. | Notice of payment of recycling dues under Article 28 (3). |
(2) | Upon receipt of an objection filed under paragraph (1), the Minister of Environment shall give a written notice of the outcomes of handling thereof to the relevant applicant, within 30 days after receipt of such objection. |
[This Article Newly Inserted on Dec. 20, 2010]
Article 46-3 (Reporting and Inspections) |
"Persons prescribed by Presidential Decree" in Article 36 (1) 5 of the Act means wholesalers or retailers (limited to business entities engaged in general retail business, food and beverage business, or tobacco retail business according to the Korea Standard Industrial Classification). [This Article Newly Inserted on Nov. 23, 2021]
Article 47 (Cooperation from Related Agencies) |
"Matters prescribed by Presidential Decree" in Article 37 (1) 2 of the Act means the following matters: <Amended on Dec. 26, 2017; Apr. 14, 2020> 1. | Submission of data for identifying the persons obligated to pay waste charges and collecting such waste charges under Article 12 of the Act; |
2. | Submission of data for verifying the spending of unclaimed deposits under Article 15-3 (1) of the Act; |
3. | Submission of data for identifying the producers obligated to recycle wastes under Article 16 of the Act; |
4. | Submission of data for identifying the persons obligated to pay recycling dues and collecting such recycling dues under Article 19 of the Act; |
5. | Submission of data concerning the status of and a plan for financial support under Article 31 of the Act; |
6. | Submission of data concerning the quantity of products and packing materials delivered under Article 22 (2); |
7. | Submission of data concerning a plan for the development of technology for recycling of resources and the results thereof. |
[This Article Wholly Amended on Apr. 6, 2009]
Article 48 (Delegation and Entrustment of Authority or Duties) |
(1) | Pursuant to Article 38 (1) of the Act, the Minister of Environment shall delegate the following authority to each Mayor/Do Governor: <Amended on Jan. 19, 2016; Dec. 30, 2016; May 3, 2022; Jun. 7, 2022> |
1. | Authority to receive reports and to pay rewards under Article 15-4 of the Act; |
2. | Authority to impose and collect administrative fines under Article 41 (2) 2-2, 2-3, 3 through 6, 6-2, 6-3, and 7-2 of the Act, and paragraph (3) 2 and 3 of that Article (excluding the imposition and collection of administrative fines under Article 41 (2) 6-3 of the Act by the Container Deposit System Management Organization under Article 15-6 of the Act). |
(2) | Pursuant to Article 38 (1) of the Act, the Minister of Environment shall delegate the following duties to the heads of environmental local government agencies: <Newly Inserted on Jul. 21, 2014; May 3, 2022> |
1. | Receiving reports on the import of solid wastes and reports on modification, and issuing certificates of reports under Article 25-4 (1), (3) and (4) of the Act; |
2. | Prohibiting the import of solid products and issuing improvement orders under Article 25-10 (1) and (2) of the Act; |
3. | Imposing and collecting penalty surcharges in lieu of orders prohibiting the import of solid fuels under Article 25-11 (1) and (2) of the Act; |
4. | Holding hearings at the time of issuing an order of orders prohibiting the import of solid fuels under subparagraph 1 of Article 38-2 of the Act; |
5. | Imposing and collecting administrative fines pursuant to the following items: |
(a) | Article 41 (2) 9 through 11, and 13 of the Act (limited to imposing and collecting administrative fines on and from the importers of solid fuels); |
(c) | Article 41 (2) 16 of the Act (limited to imposing and collecting administrative fines on and from a person falling under any of Article 36 (1) 10 and 11 (limited to the importers of solid fuels)). |
(3) | Pursuant to Article 38 (2) of the Act, the Minister of Environment shall entrust the Korea Environment Corporation with the following business affairs: <Amended on Dec. 24, 2009; Dec. 20, 2010; Oct. 29, 2012; Jan. 22, 2013; Nov. 20, 2013; Feb. 11, 2014; Jul. 21, 2014; Dec. 26, 2017; Jul. 2, 2019; Dec. 24, 2019; May 25, 2021; Jun. 8, 2021; Jun. 7, 2022; Aug. 22, 2023; Mar. 19, 2024> |
1. | Receiving and examining applications for evaluation of the quality and structure of packing materials pursuant to Article 9-4 (2) of the Act; |
1-2. | Imposing and collecting waste charges pursuant to Article 12 (1) of the Act; |
1-3. | Urging persons liable to pay delinquent waste charges and imposing additional charges on such persons pursuant to Article 12 (4) of the Act; |
2. | Compulsorily collecting waste charges or additional charges pursuant to Article 12 (5) of the Act; |
2-2. | Imposing and collecting recycling dues under Article 19 of the Act; |
3. | Urging persons liable to pay delinquent recycling dues and imposing additional charges on such persons pursuant to Article 19 (6) of the Act; |
4. | Compulsorily collecting recycling dues or additional charges under Article 19 (7) of the Act; |
4-2. | Grading and disclosing the quality grades of solid fuels under Article 25-5 (7) and (8) of the Act; |
4-3. | Establishing and operating the comprehensive waste-to-energy information management system under Article 25-14 of the Act; |
4-4. | Establishing and operating the Waste-to-Energy Center under Article 25-15 of the Act; |
4-5. | Establishing and operating reserving facilities under Article 34-5 (3) of the Act; |
5. | Establishing and operating the information system on promotion of saving and recycling of resources pursuant to Article 34-7 (2) of the Act; |
6. | Issuing orders to report and conducting inspections (limited to where such orders are necessary for performing entrusted duties) pursuant to Article 36 (1) of the Act; |
7. | Imposing, collecting, and returning deposits under Article 3 of the Addenda to the Act on the Promotion of Saving and Recycling of Resources as amended by Act No. 6653; |
8. | Receiving data on the outcomes of shipment or import of products, materials and containers pursuant to Article 12 (1); |
9. | Calculating waste charges owed by manufacturers or importers and issuing notices of payment thereof pursuant to Article 12 (2) and (4); |
10. | Receiving applications for exemption from waste charges and notifying the outcomes thereof pursuant to Article 13 (2) and (3); |
10-2. | Conducting on-spot inspections pursuant to Article 13 (3); |
11. | Settling the accounts of waste charges or recycling dues and returning them under Article 14; |
11-2. | Receiving and approving applications for deferment of collection or installment payment of waste charges, or for the extension of a period for deferment of collection, and revocation of deferment of collection under Article 14-3; |
11-3. | Giving notice of collection before a deadline for payment under Article 14-5; |
12. | Conducting examinations and verification of the outcomes of shipment or import of products, materials and containers and issuing notice to pay the difference in waste charges pursuant to Article 15 (1) and (2); |
13. | Designating products and packing materials subject to marking of separate discharge pursuant to subparagraph 2 of Article 16; |
14. | Receiving data on the shipment volume of products and packing materials pursuant to Article 22 (2); |
15. | Receiving plans to fulfill the obligation to recover and recycle wastes pursuant to Article 24; |
16. | Examining and granting approval for plans to fulfill the obligation to recover and recycle wastes and receiving submitted data pursuant to Article 25; |
17. | Receiving reports on the outcomes of fulfilling the obligation to recover and recycle wastes pursuant to Article 26; |
18. | Calculating recycling dues and issuing notice to pay them pursuant to Article 28; |
18-2. | Receiving applications for deferment of collection or installment payment of recycling dues, or for the extension of a period for deferment of collection of such dues, notifying the outcomes of the applications, and revoking deferment of collection under Article 28-2; |
19. | Conducting examinations and verification of producers obligated to recycle wastes, and issuing notice to pay the difference in recycling dues pursuant to Article 29 (1) and (2); |
20. | Receiving objections and notifying the outcomes of handling them under Article 46-2. |
(4) | Pursuant to Article 38 (2) of the Act, the Minister of Environment shall entrust a mutual aid association with the task of certifying the fulfillment of the recycling obligation under Article 17-2 of the Act. <Newly Inserted on Nov. 20, 2013; Jul. 21, 2014> |
(5) | Pursuant to Article 38 (2) of the Act, the Minister of Environment shall entrust the affairs related to receipt of registration for use of standard containers under Article 15-2 (2) of the Act to a center to support the distribution of recyclable resources under Article 15-2 of the Act. <Newly Inserted on Jan. 19, 2016; Nov. 23, 2021> |
[This Article Wholly Amended on Apr. 6, 2009]
[Title Amended on Dec. 24, 2019]
Article 48-2 (Processing of Personally Identifiable Information) |
1. | Imposition and collection of waste charges under Article 12 (1) of the Act; |
2. | Urging the payment of waste charges in arrears and imposition of additional charges under Article 12 (4) of the Act; |
3. | Compulsory collection of waste charges in arrears or additional charges under Article 12 (5) of the Act; |
3-2. | Imposition and collection of recycling dues under Article 19 of the Act; |
4. | Urging the payment of recycling dues that remains unpaid and collection of late additional charges under Article 19 (6) of the Act; |
5. | Compulsory collection of recycling dues that remains unpaid or additional charges under Article 19 (7) of the Act; |
6. | Deferring the collection of waste charges and payment of waste charges in installments under Article 14-3; |
7. | Deferment of the collection and installment payment of recycling dues under Article 28-2. |
[This Article Newly Inserted on Nov. 26, 2015]
Article 49 (Agencies Responsible for Accounting of Waste Charges) |
(1) | The CEO of the Korea Environment Corporation shall appoint a standing director of the Korea Environment Corporation as an officer in charge of the collection of revenue of waste charges and recycling dues and an employee under his or her control as a junior officer in charge of the collection of revenue of charges and dues to assign them to take responsibility for the collection of charges and dues as entrusted under Article 48 (2). <Amended on Dec. 24, 2009> |
(2) | The CEO of the Korea Environment Corporation shall, when he or she appoints an officer and a junior officer in charge of the collection of revenue of charges and dues pursuant to paragraph (1), notify the Minister of Environment, the Chairperson of the Board of Audit and Inspection, and the Governor of the Bank of Korea thereof. <Amended on Dec. 24, 2009> |
[This Article Wholly Amended on Apr. 6, 2009]
Article 49-2 (Re-Examination of Regulation) |
The Minister of Environment shall examine the appropriateness of the following matters every three years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements: <Amended on Dec. 9, 2014; Mar. 8, 2022>
1. | Products that must meet standards for materials, methods, etc. for packing under Article 7: January 1, 2014; |
1-2. | Types of business subject to control of use of disposable products under Article 8: January 1, 2022; |
1-3. | Items subject to imposition of, and reduction of or exemption from, waste charges under Article 10: January 1, 2022; |
2. | Standards for calculation of waste charges under Article 11: January 1, 2014; |
2-2. | Ratio of recovery and recycling of products, materials, and containers made of plastic that are exempt from waste charges under Article 13 (1): January 1, 2022; |
2-3. | The scope of products and packing materials subject to mandatory recycling under Article 18: January 1, 2022; |
3. | Types of business related to designated recycling business entities under Article 32: January 1, 2015; |
4. | Basic policies, etc. for guidelines to be complied with by designated recycling business entities under Article 33: January 1, 2015; |
5. | Deleted. <Mar. 3, 2020> |
[This Article Wholly Amended on Dec. 30, 2013]
Article 50 (Imposition of Administrative Fines) |
The criteria for the imposition of administrative fines under Article 41 of the Act are prescribed in attached Table 8. [This Article Newly Inserted on Apr. 6, 2009]
ADDENDA <Presidential Decree No. 17808, Dec. 18, 2002>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2003: Provided, That the amended provisions of subparagraph 1 of Article 18 (limited to film packaging materials), and subparagraph 7 of Article 18 shall enter into force on January 1, 2004 and the amended provisions of subparagraph 6 (f) and (g) of Article 18 and Article 30 (limited to goods provided for in subparagraph 6 (f) and (g) of Article 18) shall enter into force on January 1, 2005. Article 2 (Applicable Examples concerning Waste Charges on Plastic Goods)
The waste charges of plastic goods provided for in the amended provisions of Article 10 (1) 7 shall apply, starting with the portion that is delivered or imported first after the enforcement of this Decree. Article 3 (Transitional Measures concerning Waste Charges)
Cosmetics using plastic containers provided for in the previous provisions of subparagraph 2 of Article 17, confectionery using compound material containers provided for in the previous provisions of subparagraph 3 of Article 17, lithium batteries provided for in the previous provisions of subparagraph 4 of Article 17 and the calculation of waste charges according to the delivery performance of products in 2002 which shall be paid by the manufacturers of synthetic resins provided for in the previous provisions of subparagraph 9 of Article 17, the payment period thereof and procedures therefor, etc. shall be all governed by the previous provisions. Article 4 (Special Case concerning Calculation and Publication of Total Mandatory Recycling Quantity)
Notwithstanding the amended provisions of Article 22 (1), the Minister of Environment may calculate and publish the total mandatory recycling quantity by products and packaging materials in 2003 by January 31, 2003. Article 5 (Special Cases concerning Submission of Plan for Fulfilling Recycling Obligations)
Notwithstanding the amended provisions of Article 24, every producer obligated to recycle wastes or the cooperative may submit his or her plan for fulfilling recycling obligations in 2003 by March 31, 2003. Article 6 (Relationship to Other Statutes or Regulations)
Where the provisions of the former Enforcement Decree of the Act on the Promotion of Saving and Recycling of Resources have been cited in other statutes or regulations at the time this Decree enters into force, and if the provisions corresponding thereto exist in this Decree, this Decree or corresponding provisions in this Decree shall be deemed cited in lieu of the former provisions.
ADDENDA <Presidential Decree No. 18039, Jun. 30, 2003>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2003.
ADDENDA <Presidential Decree No. 18267, Jan. 29, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 31, 2004.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18428, Jun. 11, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2004.
ADDENDUM <Presidential Decree No. 18442, Jun. 25, 2004>
This Decree shall enter into force on July 1, 2004.
ADDENDA <Presidential Decree No. 18593, Nov. 30, 2004>
(1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 1 (e) of Article 18, and the amended provisions of the attached Tables 4 and 6 shall enter into force on January 1, 2005, while the amended provisions of subparagraph 2 (g) through (j) of Article 2, and subparagraph 6 (h) through (j) of Article 18 shall enter into force on January 1, 2006. |
(2) | (Special Example concerning Person Liable for Recycling Wastes of Packaging Materials) A manufacturer and a distributor who records 1 billion won or more of yearly sales amount, and an importer who records 300 million won of yearly import amount in the year of 2003 shall be deemed, notwithstanding the amended provisions of the attached Table 4, persons liable for recycling wastes of packaging materials in the year of 2005. |
(3) | (Special Example concerning Calculation of Mandatory Recycling Rate) In calculating the mandatory recycling rate by goods and packaging materials for the year of 2005 under the amended provisions of the attached Table 5, the mandatory recycling rate by goods and packaging materials in 2004 shall be the value obtained by dividing the aggregate quantity of the mandatory recycling quantities by goods and packaging materials of the individual persons liable for recycling wastes in 2004 by the aggregate quantity of the delivery quantities by goods and packaging materials of the individual persons liable for recycling wastes in 2003. |
ADDENDA <Presidential Decree No. 18611, Dec. 30, 2004>
(1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
(2) | (Applicable Cases) The amended provisions of the attached Table 2 shall apply to the products which are first carried out of the manufacturing place or bonded area after the enforcement of this Decree. |
ADDENDA <Presidential Decree No. 18863, Jun. 13, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2005.
ADDENDUM <Presidential Decree No. 19006, Aug. 17, 2005>
This Decree shall enter into force on October 1, 2005.
ADDENDUM <Presidential Decree No. 19204, Dec. 28, 2005>
This Decree shall enter into force on January 1, 2006.
ADDENDUM <Presidential Decree No. 19487, May 25, 2006>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 19494, May 30, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 4, 2006.
ADDENDUM <Presidential Decree No. 19572, Jun. 29, 2006>
This Decree shall enter into force on June 30, 2006: Provided, That the amended provisions of subparagraph 1 (d) of Article 18 and subparagraph 2-2 of Article 47 shall enter into force on January 1, 2007 and the amended provisions of subparagraph 3 (e) and (f) of Article 18 and subparagraph 3 (e) and (f) of the attached Table 6 shall enter into force on January 1, 2008.
ADDENDA <Presidential Decree No. 19971, Mar. 27, 2007>
(1) | (Enforcement Date) This Decree shall enter into force on January 1, 2008: Provided, That the amended provisions of Article 9 shall enter into force on March 28, 2007. |
(2) | (Special Examples concerning Application of Calculation Standards for Waste Charge) Notwithstanding the amended provisions of Table 2, the calculation standards for waste charges by item to be manufactured or imported between January 1, 2008 and December 31, 2011 shall be calculated by multiplying the calculation standards for waste charges by item pursuant to the amended provisions of Table 2 by a rate pursuant to the following classification: |
1. | Between January 1, 2008 and December 31, 2009: 20/100; |
2. | Between January 1, 2010 and December 31, 2011: 60/100. |
(3) | (Transitional Measures following Special Examples of Calculation Standards for Waste Charges) When the calculation standards for waste charges by item pursuant to the amended provisions of paragraph (2) 1 of Addenda are lower than the calculation standards for waste charges by item pursuant to the previous provisions, they shall be governed by the previous provisions: Provided, That with regard to imported plastic goods and packing materials thereof pursuant to the amended provisions of subparagraph 6 of Table 2, this shall not apply. |
ADDENDUM <Presidential Decree No. 20088, Jun. 11, 2007>
This Decree shall enter into force on July 4, 2007.
ADDENDA <Presidential Decree No. 20244, Sep. 6, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 20290, Sep. 27, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 28, 2007.
ADDENDUM <Presidential Decree No. 20479, Dec. 28, 2007>
This Decree shall enter into force on January 1, 2008.
ADDENDUM <Presidential Decree No. 20905, Jul. 3, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 21415, Apr. 6, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21590, Jun. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2009. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 21626, Jul. 7, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21676, Aug. 6, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 7, 2009. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 21904, Dec. 24, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2010.
ADDENDA <Presidential Decree No. 21958, Dec. 31, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2010.
Article 2 (Special Examples concerning Products and Packing Materials with Mark of Separate Discharge)
Notwithstanding the amended provisions of subparagraph 1 of Article 16, mark of separate discharge may not be indicated until June 30, 2010 on the packing materials which become subject to mandatory recycling pursuant to the amended provisions of subparagraphs 1 through 3 of Article 18. Article 3 (Transitional Measures concerning Administrative Fines upon Change of Products Subject to Annual Reduction of Packing Materials Made of Synthetic Resin)
The application of administrative fines against a violation of the standards for annual reduction of packing materials made of synthetic resin by manufacturers, etc. of the products under the former subparagraph 3 (e) of Article 7 before this Decree enters into force shall be governed by the former provisions.
ADDENDA <Presidential Decree No. 22395, Sep. 20, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2011.
ADDENDA <Presidential Decree No. 22497, Nov. 19, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 26, 2010. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 22535, Dec. 20, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2011.
Article 2 (Applicable Examples concerning Exclusion from Objects of Imposition of Waste Charges)
The amended provisions of Article 10 (2) 3 (e) (ⅷ) shall apply to products manufactured or imported on or after January 1, 2010. Article 3 (Applicability to Products and Packing Materials Subject to Mandatory Recycling)
The amended provisions of subparagraphs 1 (k) and 8 of Article 18 shall apply to products manufactured or imported after this Decree enters into force.
ADDENDA <Presidential Decree No. 22715, Mar. 22, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 23, 2011.
ADDENDA <Presidential Decree No. 23966, Jul. 20, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 22, 2012. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 24155, Oct. 29, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 1, 2011. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 24331, Jan. 22, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 2. 2013.
Article 2 (Applicable Examples concerning Items Subject to Imposition or Eligible for Exemption from Waste Charges)
The amended provisions of Article 10 (2) 3 (e) (ⅷ) shall apply to infusion sets delivered or imported after this Decree enters into force.
ADDENDA <Presidential Decree No. 24451, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24638, Jun. 28, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2013. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 24869, Nov. 20, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 23, 2013: Provided, That the amended provisions of Article 10 (1) 6 and (2) 3, subparagraph 1 of Article 18, subparagraph 6 (b) of attached Table 2, subparagraph 5 of remarks of the same Table, subparagraph 12 of attached Table 4, and attached Table 6 shall enter into force on January 1, 2014. Article 2 (Special Cases concerning Submission of Plans for Fulfillment of Obligations for Recovery and Recycling)
Notwithstanding the amended provisions of Article 24, a plan for fulfillment of the obligation for recovery and recycling for the year 2014 that each producer obligated to recycle wastes or cooperative is obligated to submit to the Minister of Environment may be submitted by March 31, 2014.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on July 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25133, Jan. 28, 2014>
Article 1 (Enforcement Date)
(1) | This Decree shall enter into force on January 31, 2014. |
ADDENDUM <Presidential Decree No. 25167, Feb. 11, 2014>
This Decree shall enter into force on February 14, 2014.
ADDENDA <Presidential Decree No. 25476, Jul. 16, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 31, 2014.
ADDENDUM <Presidential Decree No. 25497, Jul. 21, 2014>
This Decree shall enter into force on July 22, 2014.
ADDENDA <Presidential Decree No. 25664, Oct. 22, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Products Excluded from Imposition of Waste Charges)
Former provisions shall apply to the imposition of waste charges on intravascular tubes, catheters, haemodialysis catheterization kits, direct infusion devices, evacuated blood collection tubes, blood collection sets, disposable needles and disposable blood collection needles that are shipped or imported before this Decree enters into force, notwithstanding the amended provisions of Article 10 (2) 3 (e) (viii). Article 3 (Transitional Measures concerning Reimbursement of Collection Expenses)
Former provisions shall apply to the reimbursement of collection expenses for the recycling charges and additional dues imposed by the Minister of Environment pursuant to Article 19 (1) and (3) of the Act before this Act enters into force, notwithstanding the amended provisions of Article 28-2 (1).
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
ADDENDA <Presidential Decree No. 26088, Feb. 3, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability concerning Waste Charges)
The amended provisions of subparagraph 5 of attached Table 2 and subparagraph 5 of the note in attached Table 2 shall begin to apply from the portion taken out of a factory or bonded area on or after January 1, 2015.
Article 3 (Transitional Measures concerning Waste Charges)
Waste charges imposed on a manufacturer who runs a small or medium enterprise established under the Framework Act on Small and Medium Enterprise with an annual turnover of less than 20 billion won, for the period from 2010 to 2014, shall be calculated pursuant to the former provisions, notwithstanding the amended provisions of subparagraph 5 of the note in attached Table 2.
ADDENDA <Presidential Decree No. 26667, Nov. 26, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2016.
Article 2 (Transitional Measures concerning Administrative Fines Following Change of Products Subject to Annual Reduction of Packing Materials Made of Synthetic Resin)
The former provisions shall apply to the imposition of an administrative fine under Article 41 (1) 1 of the Act on a manufacturer, etc. of products referred to in subparagraph 3 (a) or (d) of the former Article 7 before this Decree enters into force for a failure to achieve the standards for annual reduction of packing materials made of synthetic resin, notwithstanding the amended provisions of subparagraph 3 (a) and (d) of Article 7.
ADDENDA <Presidential Decree No. 26906, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 21, 2016.
Article 2 (Transitional Measures concerning Administrative Fines)
Notwithstanding the amended provisions of subparagraph 2 (f) of attached Table 8, application of standards for imposition of administrative fines against violations committed before this Decree enters into force shall be governed by the former provisions.
ADDENDA <Presidential Decree No. 27736, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017: Provided, That the amended provisions of subparagraph 1 of Article 18 shall enter into force on January 1, 2018. Article 2 (Transitional Measures concerning Delegation of Authority)
Where procedures for imposition and collection of administrative fines are being taken under the former provisions as at the time this Decree enters into force, the former provisions shall apply, notwithstanding the amended provisions of Article 48 (1) 2. Article 3 (Transitional Measures concerning Reduction or Exemption of Waste Charges)
Where waste charges for the years 2015 and 2016 are calculated for a manufacturer which is a small or medium enterprise under the Framework Act on Small and Medium Enterprises and the annual sales of which is less than 20 billion won, the former provisions shall apply, notwithstanding the amended provisions of subparagraphs 5 and 6 of the note of attached Table 2
ADDENDA <Presidential Decree No. 27806, Jan. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 28, 2017.
ADDENDA <Presidential Decree No. 27971, Mar. 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 28499, Dec. 26, 2017>
This Decree shall enter into force on January 1, 2018.
ADDENDA <Presidential Decree No. 29269, Oct. 30, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 1, 2018.
ADDENDA <Presidential Decree No. 29312, Nov. 27, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 29, 2018.
ADDENDA <Presidential Decree No. 29453, Dec. 31, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2019: Provided, That the amended provisions of subparagraph 3-2 of Article 18, Article 19, subparagraph 1 of Article 44, and attached Tables 4 and 6 shall enter into force on January 1, 2020. Article 2 (Applicability to Ratio of Recovery and Recycling of Plastic Products Exempt from Waste Charges)
The amended provisions of Article 13 (1) shall begin to apply to products, materials and containers made of plastic that are manufactured or imported after this Decree enters into force. Article 3 (Applicability to Products and Packing Materials Subject to Mandatory Recycling)
The amended provisions of subparagraph 3-2 of Article 18 and attached Table 4 shall begin to apply to products and packing materials manufactured or imported on or after the enforcement date under the proviso of Article 1 of the Addenda.
ADDENDUM <Presidential Decree No. 29950, Jul. 2, 2019>
This Decree shall enter into force on the date of its promulgation: Provided, That ··· <omitted> ··· the amended provisions of subparagraph 3-2 of Article 18 of the Enforcement Decree of the Act on the Promotion of Saving and Recycling of Resources (Presidential Decree No. 29453) and of subparagraph 3 of attached Table 6, among Article 150, shall enter into force on January 1, 2020.
ADDENDA <Presidential Decree No. 30106, Oct. 8, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 30259, Dec. 24, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 25, 2019: Provided, That the amended provisions of attached Table 5 shall enter into force on January 1, 2020.
Article 2 (Applicability to Products That Must Meet Standards for Packing Methods)
The amended provisions of subparagraph 2 (g) and (h) of Article 7 shall begin to apply to products manufactured or imported on or after July 1, 2020. Article 3 (Applicability to Revision to Guidelines for Calculating Mandatory Recycling Rates)
The amended provisions of attached Table 5 shall begin to apply to mandatory recycling rates calculated and publicly notified under Article 22 on or after the enforcement date prescribed in the proviso of Article 1 of these Addenda.
ADDENDUM <Presidential Decree No. 30509, Mar. 3, 2020>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 30618, Apr. 14, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 27, 2020: Provided, That the amended provisions of Article 47 and attached Table 2 shall enter into force on the date of its promulgation. Article 2 (Applicability to Types of Business and Size of Places of Business Eligible for Exemption from Obligation to Recycle)
The amended provisions of attached Table 4 shall begin to apply to manufacturers, importers, or distributors falling under any of the subparagraphs of the same Table who become eligible for exemption from the obligation to recycle products and packing materials in accordance with the standards for turnovers and import amounts or quantities delivered or imported for the year of 2020.
ADDENDA <Presidential Decree No. 31449, Feb. 17, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 31701, May 25, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 10 (1) 7, 22 (2), and 23 (2), subparagraph 7 of attached Table 2, and subparagraph 8 of Note to the same Table shall enter into force on January 1, 2022. Article 2 (Applicability to Items Subject to Imposition of Waste Charges)
The amended provisions of Article 10 (1) 7, subparagraph 7 of attached Table 2, and subparagraph 8 of Note to the same Table shall begin to apply to ice packs shipped or issued with a certificate of import declaration on or after January 1, 2022. Article 3 (Applicability to Eligibility for Return of Waste Charges or Recycling Dues)
(1) | The amended provisions of Article 14 (1) 1 shall begin to apply where a manufacturer fails to deliver all or some of the products, materials, containers, or packing materials subject to the payment of waste charges or recycling dues or is issued with a certificate of export declaration on or after the date this Decree enters into force. |
(2) | The amended provisions of Article 14 (1) 2 shall begin to apply where an importer is issued with a certificate of export declaration on all or some of the products, materials, containers, or packing materials subject to the payment of recycling dues on or after the date this Decree enters into force. |
(3) | The amended provisions of Article 14 (1) 3 shall also apply where any ground for requesting the return of waste charges or recycling dues arises before this Decree enters into force. |
Article 4 (Applicability to Submission of Data for Calculation of Mandatory Recycling Quantity of Producers Obligated to Recycle)
The amended provisions of Articles 22 (2) 2 and 23 (2) shall begin to apply where data on the quantity of materials containing recycled waste plastics used in products and packing materials in the year of 2022 is submitted in the following year. Article 5 (Transitional Measures concerning Mandatory Recycling Quantity of Producers Obligated to Recycle Empty Containers)
Notwithstanding the amended provisions of Article 23 (2), the previous provisions shall apply to the calculation of the mandatory recycling quantity for the year of 2021 for producers obligated to recycle who use empty containers, the price of which includes container deposits pursuant to Article 15-2 of the Act.
ADDENDUM <Presidential Decree No. 31745, Jun. 8, 2021>
This Decree shall enter into force on July 6, 2021: Provided, That the amended provisions of Article 17-2 shall enter into force on June 10, 2021.
ADDENDA <Presidential Decree No. 32148, Nov. 23, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 10, 2022: Provided, That the following amended provisions shall enter into force on the date specified in each subparagraph:
2. | The amended provisions of subparagraphs 11 and 12 of attached Table 1: Date on which one year elapses after the promulgation; |
3. | The amended provisions of subparagraph 7 of Article 18, subparagraph 4 of Article 32, subparagraph 1 (d) of Article 33, and subparagraph 7 of attached Table 6: January 1, 2023. |
Article 2 (Applicability to Products and Packing Materials Subject to Mandatory Recycling)
The amended provisions of subparagraph 7 (b) of Article 18 and subparagraph 7 (b) of attached Table 6 shall begin to apply to light emitting diodes released or for which a certificate of import declaration is issued on or after January 1, 2023.
ADDENDUM <Presidential Decree No. 32528, Mar. 8, 2022>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 32622, May 3, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Products Subject to Mandatory Recycling)
(1) | The amended provisions of subparagraphs 1 and 2 of attached Table 3-2 shall begin to apply to products released or for which a certificate of import declaration is issued on or after January 1, 2022. |
(2) | The amended provisions of subparagraphs 3 through 15 of attached Table 3-2 shall begin to apply to products released or for which a certificate of import declaration is issued on or after January 1, 2023. |
Article 3 (Special Cases concerning Submission of Plans to Fulfill Recovery and Recycling Obligations)
Notwithstanding Article 24, a manufacturer or importer of products under subparagraph 1 or 2 of attached Table 3-2 shall submit a plan to fulfill the recovery and recycling obligations for the year 2022, within 30 days from the date this Decree enters into force.
ADDENDA <Presidential Decree No. 32673, Jun. 7, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 10, 2022.
Article 2 (Applicability to Exemption from Imposition of Waste Charges)
The amended provisions of Article 10 (1) 6 (c) shall begin to apply to disposable cups released or ones bearing a certificate of import declaration after the date this Decree enters into force.
ADDENDA <Presidential Decree No. 33676, Aug. 22, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Extension of Period for Deferment of Collection of Recycling Dues)
(1) | The amended provisions of Article 28-2 (2) shall also apply to recycling dues imposed under Article 19 (1) of the Act before this Decree enters into force. |
(2) | In applying the amended provisions of Article 28-2 (2) pursuant to paragraph (1), the period for deferment of collection of recycling dues for which such period is not extended before this Decree enters into force may be extended only once, whereas the period for deferment of collection of recycling dues for which such period has been extended at least once before this Decree enters into force shall not be extended. |
ADDENDUM <Presidential Decree No. 33913, Dec. 12, 2023>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 34317, Mar. 19, 2024>
This Decree shall enter into force on March 29, 2024.