The purpose of this Decree is to provide for matters mandated by the Act on the Control of Manufacture of Specific Substances for the Protection of the Ozone Layer and matters necessary for enforcing said Act. <Amended on Jun. 30, 2014>
| Article 2 (Types and ozone depletion potential of specific substances) |
| (1) | Types of specific substances under subparagraph 1 of Article 2 of the Act on the Control of Manufacture of Specific Substances for the Protection of the Ozone Layer (hereinafter referred to as the "Act") and the ozone depletion potential of specific substances by type under subparagraph 5 of Article 2 of the Act shall be as specified in Appendix 1. <Amended on Apr. 5, 2011; Jun. 30, 2014> |
| (2) | Specific substances under paragraph (1) shall include any of the following; provided, the foregoing shall not apply to specific substances contained in products manufactured using specific substances and specific substances contained in chemical compounds: |
| (3) | Specific substances under paragraphs (1) and (2) shall include any of the following; provided, the foregoing shall not apply to specific substances contained in products manufactured using specific substances and specific substances contained in chemical compounds: <Amended on Apr. 18, 2023> |
| 1. | Isomers of specific substances; |
| 2. | Specific substances contained in chemical compounds; |
| 3. | Specific substances in containers used for storage, transportation, etc. |
[Title Amended on Sep. 18, 2023]
| Article 3 (Permission for manufacturing business) |
| (1) | Any person who intends to obtain permission for specific substance manufacturing business or permission for altering specific substance manufacturing business pursuant to Article 4(1) of the Act shall file an application with the Minister of Trade, Industry and Resources, as prescribed by Decree of the Ministry of Trade, Industry and Resources. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| (2) | The Minister of Trade, Industry and Resources, in receipt of an application under paragraph (1), shall grant permission for specific substance manufacturing business or permission for altering specific substance manufacturing business only where deemed essential to building a factory due to lack of supply of specific substances the applicant intends to manufacture, compared to demand for such specific substances. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| Article 3-2 (Confirmation of Destruction) |
"Class 2 specified substances prescribed by Presidential Decree" in Article 12(2) of the Act means specified substances belonging to Group XI in Appendix 2.
[This Article Added on Apr. 18, 2023]
| Article 4 (Adjustment of supply and demand) |
| (1) | In any of the following cases, the Minister of Trade, Industry and Resources may order the adjustment of supply and demand pursuant to Article 14(1) of the Act: <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| 1. | Where a person who has obtained permission for specific substance manufacturing business (hereinafter referred to as "manufacturer") pursuant to Article 4(1) of the Act or a person who has obtained permission for specific substance import business (hereinafter referred to as "importer") pursuant to Article 11(1) of the Act unreasonably adjusts the sale price of the specific substance he or she has manufactured or imported; |
| 2. | Where a person who has obtained approval of a sales plan pursuant to Article 13 of the Act replaces a consumer of specific substances who uses them for business purposes (hereinafter referred to as "user"), without obtaining approval from the Minister of Trade, Industry and Resources; |
| 3. | Where it is deemed necessary to alter a sales plan under Article 13 of the Act to promote, etc. rationalization of specific substance use; |
| 4. | Where it is deemed necessary to adjust matters described in Article 14(1) of the Act to implement the Montreal Protocol on Substances that Deplete the Ozone Layer (hereinafter referred to as the "Protocol"). |
| (2) | Where the Minister of Trade, Industry and Resources intends to order the adjustment of supply and demand under paragraph (1), he or she shall pre-consult with the Fair Trade Commission. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| Article 5 (Specific substances to be measured) |
Where the Minister of Climate, Energy and Environment measures atmospheric concentrations of specific substances pursuant to Article 18(2) of the Act, he or she may designate the specific substances to be measured. <Amended on Oct. 1, 2025>
| Article 6 Deleted. <Sep. 30, 2011> |
| Article 7 Deleted. <Sep. 30, 2011> |
| Article 8 Deleted. <Sep. 30, 2011> |
| Article 9 Deleted. <Dec. 30, 2014> |
| Article 9-2 Deleted. <Dec. 30, 2014> |
| Article 10 Deleted. <Dec. 30, 2014> |
| Article 10-2 (Persons liable to pay charges for manufacturing or importing specific substances) |
Persons liable to pay charges for manufacturing or importing specific substances (hereinafter referred to as "charges") under Article 24-2 of the Act shall be manufacturers and importers of specific substances specified in Appendix 1-2.
[This Article Added on Sep. 30, 2011]
| Article 10-3 (Exemption from charges) |
| (1) | "Cases prescribed by Presidential Decree" in Article 24-3(1)4 of the Act means: |
| 1. | Where specific substances used are sold after recovering them; |
| 2. | Where specific substances are sold for destroying manufactured specific substances; |
| 3. | Where specific substances are imported for destroying other specific substances. |
| (2) | "Purposes of use prescribed by Presidential Decree" in Article 24-3(2)4 of the Act means purposes of use referred to in paragraph (1)2 and 3. |
[This Article Added on Sep. 30, 2011]
| Article 10-4 (Criteria for Calculating Charges) |
The ozone depletion potential of and rates of charges on specific substances by type under Article 24-4(2) of the Act shall be as specified in Appendix 1-2.
[This Article Added on Sep. 30, 2011]
| Article 10-5 (Payment of charges in installments) |
| (1) | Pursuant to Article 24-5(2) of the Act, the Minister of Trade, Industry and Resources may allow the payment of charges in installments in any of the following cases; and where a person obligated to pay charges intends to pay them in installments, he or she shall submit to the Minister of Trade, Industry and Resources an application for installment payment of charges, accompanied by a plan to pay charges in installments, not later than five days before the payment deadline specified in Article 24-5(1) of the Act: <Amended on Dec. 30, 2025> |
| 1. | Where the amount of charges to be paid exceeds one million won; |
| 2. | Where the person obligated to pay charges is a small and medium enterprise defined in Article 2 of the Framework Act on Small and Medium Enterprises. |
| (2) | The deadline for the final installment payment under paragraph (1) shall be within three months from the first day of the month following the month in which the payment deadline referred to in Article 24-5(1) of the Act falls; and the number of installments shall not exceed three during that period. |
| (3) | In principle, an amount to be paid in installments pursuant to paragraphs (1) and (2) shall be fixed in equated monthly installments. |
| (4) | Where a person who is liable for the payment of charges and pays the charges in installments falls under any of the following cases, the Minister of Trade, Industry and Resources may collect the full amount of charges at once before the deadline for the final installment payment arrives; In such cases, the Minister of Trade, Industry and Resources shall specify the payment deadline and notify the person liable to pay charges of such deadline: <Amended on Mar. 23, 2013; Feb. 17, 2021; Oct. 1, 2025> |
| 1. | Where charges are not paid by the deadline for each installment payment; |
| 2. | Where it is deemed that a person liable to pay charges is unable to pay the full amount of charges related to installment payment by the deadline for the installment payment because he or she falls any subparagraph of Article 9(1) of the National Tax Collection Act or due to a reason corresponding thereto. |
[This Article Added on Sep. 30, 2011]
| Article 10-6 (Reminder notice) |
Where the Minister of Trade, Industry and Resources issues a reminder notice pursuant to Article 24-5 (3) of the Act, he or she shall specify the amount of charges, late-payment penalty, and the payment deadline. <Amended on Mar. 23, 2013; Oct. 1, 2025>
[This Article Added on Sep. 30, 2011]
| Article 10-7 (Late-payment penalty) |
| (1) | Late-payment penalty under Article 24-5(4) of the Act shall be an amount calculated by applying the late-payment penalty rate of 3/10,000 per day of the number of days in arrears to charges in arrears; provided, the total amount of late-payment penalty shall not exceed 3/100 of charges. <Amended on Apr. 18, 2023> |
| (2) | If the Minister of Trade, Industry and Resources recognizes that there is an act of God or other unavoidable causes, the late-payment penalty under paragraph (1) need not be collected, notwithstanding paragraph (1). <Added on Apr. 18, 2023; Oct. 1, 2025> |
[This Article Added on Sep. 30, 2011]
| Article 10-8 (Imposition and collection of charges) |
| (1) | Where an importer intends to clear specific substances through customs, he or she shall submit evidentiary documents prescribed by Decree of the Ministry of Trade, Industry and Resources to the head of a customs office. <Amended on Mar. 23, 2013; Oct. 1, 2025> |
| (2) | Except as provided in the Act and this Decree, matters necessary for the imposition, collection, etc. of charges shall be prescribed and announced by the Minister of Trade, Industry and Resources. <Amended on Mar. 23, 2013; Oct. 1, 2025> |
[This Article Added on Sep. 30, 2011]
| Article 11 Deleted. <Oct. 4, 2022> |
| Article 12 Deleted. <Oct. 4, 2022> |
| Article 12-2 Deleted. <Oct. 4, 2022> |
| Article 13 Deleted. <Oct. 4, 2022> |
| Article 14 Deleted. <Oct. 4, 2022> |
| Article 15 Deleted. <Oct. 4, 2022> |
| Article 16 Deleted. <Oct. 4, 2022> |
| Article 17 Deleted. <Oct. 4, 2022> |
| (1) | Manufacturers, importers, and persons who have obtained approval for export of specific substances pursuant to Article 11-2 of the Act shall report the amount, etc. of specific substances manufactured, sold, imported and exported to the Minister of Trade, Industry and Resources pursuant to Article 25(1) of the Act, as prescribed by Decree of the Ministry of Trade, Industry and Resources. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 30, 2014; Oct. 1, 2025> |
| (2) | The Minister of Trade, Industry and Resources may require users of specific substances to report the current use of specific substances by type, by purpose and by type of business that uses specific substances and the progress of rationalization of specific substance use under Article 25(1) of the Act. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025> |
| Article 18-2 (Processing of sensitive information and personally identifiable information) |
Where it is inevitable to conduct the following affairs, the Minister of Trade, Industry and Resources (including a person to whom authority of the Minister of Trade, Industry and Resources has been delegated pursuant to Article 19) may process information concerning criminal history records under subparagraph 2 of Article 18 of the Enforcement Decree of the Personal Information Protection Act; or resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the aforesaid Decree: <Amended on Oct. 1, 2025>
| 1. | Confirming grounds for disqualification from obtaining permission for manufacturing business under Article 5 of the Act; |
| 2. | Reporting succession to the status of a manufacturer under Article 6 of the Act; |
| 3. | Revoking permission for manufacturing business under Article 7 of the Act; |
| 4. | Imposing and collecting charges under Article 24-2 of the Act; |
| 5. | Exempting from and refunding charges under Article 24-3 of the Act; |
| 6. | Issuing reminder notices for paying charges; imposing late-payment penalty; and collecting charges and late-payment penalty under Article 24-5(3) through (5) of the Act; |
| 7. | Inspecting books of account, documents, etc. under Article 25(2) of the Act. |
[This Article Added on Jun. 30, 2014]
| Article 19 (Entrustment of authority) |
The Minister of Trade, Industry and Resources shall, pursuant to Article 27 of the Act, entrust his or her authority concerning the following affairs to the Korea Petrochemical Industry Association established pursuant to Article 32 of the Civil Act: <Amended on Mar. 23, 2013; Dec. 30, 2014; Nov. 8, 2022; Oct. 1, 2025>
| 1. | Confirming the destruction of specific substances under Article 12(1) of the Act; |
| 2. | Imposing and collecting charges under Article 24-2 of the Act; |
| 3. | Exempting from and refunding charges under Article 24-3 of the Act; |
| 4. | Issuing reminder notices for paying charges under Article 24-5(3) of the Act; and imposing and collecting late-payment penalty under Article 24-5(4) of the Act. |
[This Article Wholly Amended on Sep. 30, 2011]
| Article 20 (Criteria for imposing administrative fines) |
Criteria for imposing administrative fines under Article 32(1) and (2) of the Act shall be as specified in Appendix 2.
[This Article Wholly Amended on Apr. 5, 2011]
ADDENDA<Presidential Decree No. 20259, Sep. 10, 2007>
Article 1 (Enforcement date)
This Decree shall enter into on the date of its promulgation.
Article 2 (Relationship to other statutes)
Where the provisions of the former Enforcement Decree of the Act on the Control of Manufacture of Specific Substances for the Protection of the Ozone Layer are cited by other statutes as at the time this Decree enters into force, in which case provisions corresponding thereto exist in this Decree, the relevant provisions of this Decree shall be deemed cited in lieu of the former provisions thereof.
ADDENDA <Presidential Decree No. 20678, Feb. 29, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
Article 7 Omitted.
ADDENDA <Presidential Decree No. 22856, Apr. 5, 2011>
Article 1 (Enforcement date)
This Decree shall enter into on the date of its promulgation.
Article 2 (Transitional measures concerning administrative fines)
| (1) | Where criteria for imposing administrative fines apply to offenses committed before this Decree enters into force, notwithstanding the amended provisions of Appendix 2, the previous examples shall apply thereto. |
| (2) | Any offense committed before this Decree enters into force, for which an administrative fine has been imposed, shall not be included in the number of offenses calculated under the amended provisions of Appendix 2. |
ADDENDA <Presidential Decree No. 23189, Sep. 30, 2011>
Article 1 (Enforcement date)
This Decree shall enter into force on October 1, 2011.
Article 2 (Applicability to imposition of charges for specific substances of Group VI)
Notwithstanding the amended provisions of Articles 10-2 and 10-4, the imposition of charges for specific substances of Group VI specified in Appendix 1-2 shall apply, beginning with the first specific substance to be manufactured, sold or imported on or after January 1, 2012.
Article 3 (Applicability to payment of charges in installments)
The amended provisions of Article 10-5 shall apply, beginning with the first payment of charges for specific substances to be manufactured, sold or imported on or after October 1, 2011.
Article 4 (Transitional measures concerning imposition of late-payment penalty)
The previous examples shall apply to late-payment penalty imposed pursuant to the former provision of Article 22(3) of the Act as at the time this Decree enters into force.
ADDENDA <Presidential Decree No. 24442, Mar. 23, 2013>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
Article 12 Omitted.
ADDENDUM <Presidential Decree No. 25423, Jun. 30, 2014>
This Decree shall enter into force on July 22, 2014.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, among Presidential Decrees amended pursuant to Article 5 of Addenda, the amended provisions of Presidential Decrees promulgated before this Decree enters into force, the enforcement dates of which have not arrived, shall enter into force on the dates the respective Presidential Decrees take effect.
Articles 2 through 4 Omitted.
Article 5 Omitted.
ADDENDA <Presidential Decree No. 25921, Dec. 30, 2014>
Article 1 (Enforcement date)
This Decree shall enter into force on January 1, 2015.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 26703, Dec. 10, 2015>
This Decree shall enter into on the date of its promulgation.
ADDENDA <Presidential Decree No. 28212, Jul. 26, 2017>
Article 1 (Enforcement date)
This Decree shall enter into on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 31453, Feb. 17, 2021>
Article 1 (Enforcement date)
This Decree shall enter into on the date of its promulgation.
Articles 2 through 6 Omitted.
Article 7 Omitted.
Article 8 Omitted.
ADDENDUM <Presidential Decree No. 32936, Oct. 4, 2022>
This Decree shall enter into on the date of its promulgation.
ADDENDUM <Presidential Decree No. 32981, Nov. 8, 2022>
This Decree shall enter into force on January 1, 2023.
ADDENDA <Presidential Decree No. 33417, Feb. 17, 2021>
Article 1 (Enforcement date)
This Decree shall enter into force on April 19, 2023.
Article 2 (Applicability to late-payment penalty)
The amended provisions of the main clause of Article 10-7(1) shall begin to apply where late-payment penalties are imposed on charges for which the deadline for payment has elapsed after this Decree enters into force.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 34542, Jun. 4, 2024>
Article 1 (Enforcement date)
This Decree shall enter into force on July 1, 2024.
Article 2 (Transitional measures concerning imposition of charges)
Notwithstanding the amended provisions of subparagraph 2b of Appendix 3, the previous provisions shall apply to the rate of collection of charges on specific substances manufactured, sold or declared for import before this Decree enters into force.
ADDENDA <Presidential Decree No. 35803, Oct. 1, 2025>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, from among the Presidential Decrees amended pursuant to Article 6 of the Addenda, the amendments to the Presidential Decrees which have been promulgated before this Decree enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Decree.
Articles 2 through 5 Omitted.
Article 6 Omitted.
ADDENDA <Presidential Decree No. 35943, Dec. 30, 2025>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 (Applicability to payment of charges and usage fees in installments)
The amended provisions regarding the installment payment of charges, usage fees, etc., under Articles 1 through 8 shall apply to charges, usage fees, etc., imposed (including those imposed after adjustment or recalculation) after the enforcement of the relevant amended provisions under Article 1 of the Addenda.