ENFORCEMENT DECREE OF THE ACT ON THE TRANSBOUNDARY MOVEMENT OF HAZARDOUS WASTES AND THEIR DISPOSAL
Presidential Decree No. 14272, May 28, 1994
Amended by Presidential Decree No. 14450, Dec. 23, 1994
Presidential Decree No. 15585, Dec. 31, 1997
Presidential Decree No. 15734, Feb. 28, 1998
Presidential Decree No. 15965, Dec. 31, 1998
Presidential Decree No. 16406, jun. 21, 1999
Presidential Decree No. 17048, Dec. 29, 2000
Presidential Decree No. 17307, Jul. 16, 2001
Presidential Decree No. 17698, Aug. 8, 2002
Presidential Decree No. 17824, Dec. 30, 2002
Presidential Decree No. 18312, Mar. 17, 2004
Presidential Decree No. 20387, Nov. 15, 2007
Presidential Decree No. 20680, Feb. 29, 2008
Presidential Decree No. 21215, Dec. 31, 2008
Presidential Decree No. 21959, Dec. 31, 2009
Presidential Decree No. 22151, May 4, 2010
Presidential Decree No. 22385, Sep. 17, 2010
Presidential Decree No. 24451, Mar. 23, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25126, Jan. 28, 2014
Presidential Decree No. 27351, Jul. 19, 2016
Presidential Decree No. 27751, Dec. 30, 2016
Presidential Decree No. 27971, Mar. 29, 2017
Presidential Decree No. 28366, Oct. 17, 2017
Presidential Decree No. 29950, Jul. 2, 2019
Presidential Decree No. 30291, Dec. 31, 2019
Presidential Decree No. 30588, Mar. 31, 2020
Presidential Decree No. 31071, Sep. 29, 2020
Presidential Decree No. 31580, Mar. 30, 2021
Presidential Decree No. 32019, Oct. 1, 2021
CHAPTER I GENERAL PROVISIONS
| Article 2 (Types of Wastes) |
| 1. | Wastes described in the Annex I or VIII of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (hereinafter referred to as the "Convention"), which have hazardous characteristics as prescribed in the Annex III; |
| 1-2. | Wastes described in the Annex II of the Convention; |
| 2. | Wastes on which the Republic of Korea reports to, or is reported from the Secretariat of the Convention under Articles 3 (1) through (3) and 11 of the Convention; |
| 3. | Wastes that are deemed to require regulation to ensure public health and protect the environment and thus publicly notified by the Minister of Environment, among the wastes prescribed in the Annex IX of the Convention. |
| (2) | The waste items under the subparagraphs of paragraph (1) shall be publicly announced by the Minister of Environment after consultation with the Minister of Trade, Industry and Energy. <Amended on Nov. 15, 2007; Feb. 29, 2008; Mar. 23, 2013> |
| (3) | "Substances prescribed by Presidential Decree" in subparagraph 1 (b) of Article 2 of the Act means substances prescribed and announced by the Minister of Environment, which are industrial wastes under subparagraph 3 of Article 2 of the Wastes Control Act. <Newly Inserted on Oct. 17, 2017> |
CHAPTER II CONTROL AND MANAGEMENT OF EXPORTS AND IMPORTS OF WASTES
| Article 3 (Permission to Export Wastes Subject to Export or Import Restrictions) |
| (1) | A person who intends to obtain permission to export wastes subject to export or import restrictions pursuant to the former part of Article 6 (1) of the Act shall submit an application for permission to export wastes subject to export or import restrictions in attached Form 1 to the Minister of Environment, along with one copy of each of the following documents: <Amended on Dec. 23, 1994; Dec. 31, 1997; Feb. 28, 1998; Jul. 16, 2001; Nov. 15, 2007; Dec. 31, 2009; Dec. 30, 2016; Oct. 17, 2017; Dec. 31, 2019; Mar. 30, 2021> |
| 1. | A copy of an export contract or purchase order stating that the relevant wastes subject to export or import restrictions are managed in an environmentally sound manner and the export price is indicated based on the free on board (F.O.B.); |
| 2. | A plan for transportation and storage of wastes subject to export or import restrictions, including the routes and means of transportation, name of carrier, schedule of transportation, and the place and schedule of storage; |
| 2-2. | A copy of a domestic transportation contract of wastes subject to export or import restrictions (to be attached only where the wastes are entrusted for transportation); |
| 3. | In cases of wastes announced by the Minister of Environment pursuant to Article 2 (2), the test report on exported wastes subject to export or import restrictions that is issued by an agency designated and announced by the Minister of Environment; |
| 4. | Deleted; <Dec. 31, 2009> |
| 5. | In cases of the export provided for in Article 6 (5) of the Act (hereinafter referred to as "package export"), the package export plan, in which the volume of export is recorded by the customs office at the place of clearance of the exported wastes subject to export or import restrictions, by the expected date of export or by the expected month of export; |
| 5-2. | A document proving that the person has deposited security money pursuant to Article 18-6 (1) of the Act or has purchased an insurance policy that guarantees the export or import of wastes (excluding cases where an insurance policy or any other guarantee attached under subparagraph 7 has greater guarantee coverage); |
| 6. | The payment receipt of fees for permission to export wastes subject to export or import restrictions under Article 20 (2); |
| 7. | An insurance policy or other guarantees prescribed in Article 6 (11) of the Convention, where the State of import or transit requests it; |
| 8. | Photographs to check the types of wastes subject to export or import restrictions. |
| (2) | If the Minister of Environment concludes that the details of an application for permission for the export under paragraph (1) are appropriate, he or she shall seek consent to the import or transit thereof from the competent authority of the State of import or transit within five days from the date of the receipt of such application. <Amended on Jul. 16, 2001; Dec. 31, 2009> |
| (3) | Where a person who intends to export wastes subject to export or import restrictions has submitted a written consent issued by the State of import or the State of transit with respect to the import or transit thereof, the Minister of Environment shall not seek consent referred to in paragraph (2). <Amended on Jul. 16, 2001; Oct. 17, 2017; Dec. 31, 2019> |
| (4) | Deleted. <Jul. 16, 2001> |
| (5) | "Cases prescribed by Presidential Decree" in the proviso of Article 6 (3) of the Act means any of the following cases: <Newly Inserted on Dec. 31, 1997; Jun. 21, 1999; Nov. 15, 2007; Oct. 17, 2017> |
| 1. | Where the consent of the State of transit is required, and no response has been made by the State of transit within 60 days (if the State of transit has acceded to agreements or arrangements under Article 11 of the Convention, within 30 days) from the date on which the Republic of Korea has been notified by the State of transit of the receipt of a request for consent of transit. In such cases, where no notification of receipt has been made by the State of transit to the Republic of Korea within 30 days after a request for the consent of transit was made, the date on which 30 days have passed since the first request for the consent of transit was made shall be deemed the date of notification of such receipt; |
| 2. | Where wastes referred to in Article 2 (2) are subject to the consent of the State which has acceded to agreements or arrangements under Article 11 of the Convention, and no response has been made by the State of import within 30 days from the date on which the Republic of Korea has been notified by the State of import of the receipt of a request for the consent of import. In such cases, where no notification of receipt has been made by the State of import to the Republic of Korea within 30 days after a request for the consent of import was made, the date on which 30 days have passed since the first request for the consent of import was made shall be deemed the date of notification of receipt. <Amended on Nov. 15, 2007> |
| (6) | The Minister or Environment shall issue an export permit for wastes subject to export or import restrictions in attached Form 1 within five days in any of the following cases. In such cases, he or she shall notify 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") or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply) of the details thereof: <Amended on Dec. 31, 1997; Feb. 28, 1998; Jul. 16, 2001; Oct. 17, 2017> |
| 1. | Where he or she has received a written consent for import or transit from the State of import or transit; |
| 2. | Where he or she has not made a request for consent under paragraph (3); |
| 3. | Where no consent of the State of import or transit under paragraph (5) has been given. |
| (7) | Where the Minister of Environment issues an export permit for wastes subject to export or import restrictions pursuant to the former part, with the exception of the subparagraphs, of paragraph (6) or confirms customs clearance for the export of the relevant wastes subject to export or import restrictions pursuant to Article 226 (2) of the Customs Act, he or she shall enter the details of the export permit and customs clearance therefor into the electronic information processing program (hereinafter referred to as "electronic information processing program") under Article 18-4 (1) of the Act. In such cases, he or she shall take measures so that the Director of a River Basin Environmental Office, the Director of a Regional Environmental Office and the Mayor/Do Governor or the head of a Si/Gun/Gu having jurisdiction over the management of the relevant wastes subject to export or import restrictions may confirm the details of the export permit and customs clearance therefor entered into the electronic information processing program. <Newly Inserted on Oct. 17, 2017> |
| (8) | "Data prescribed by Presidential Decree" in Article 6 (6) of the Act means each of the following data: <Newly Inserted on Sep. 29, 2020> |
| 1. | A photograph to check the types of wastes subject to export or import restrictions (it shall be the one shot within 30 days prior to the date of submitting data pursuant to Article 6 (6) of the Act); |
| 2. | Data referred to in paragraph (1) 2, 2-2, and 5 (to be submitted only where the details of the relevant data have been modified from those submitted at the time of obtaining permission for the package export). |
[Title Amended on Oct. 17, 2017]
| Article 4 (Modification of Permission for Export of Wastes Subject to Export or Import Restrictions) |
| (1) | Matters that require permission for modification, from among matters for which permission for export of wastes subject to export or import restrictions has been granted pursuant to the latter part of Article 6 (1) of the Act, shall be as follows: <Amended on Oct. 17, 2017; Dec. 31, 2019; Sep. 29, 2020> |
| 1. | Modification of names, trade names, or the locations of places of business of exporters and importers of wastes subject to export or import restrictions; |
| 2. | Modification of the name, physical characteristics and state, and chemical composition of wastes subject to export or import restrictions; |
| 3. | Modification of the quantity of wastes subject to export or import restrictions; |
| 4. | Modification of the method of disposal of wastes subject to export or import restrictions, or the place for disposal; |
| 5. | Modification of the customs office or the competent authority of the State of import or transit. |
| (2) | A person who intends to obtain approval of modification of permission to export wastes subject to export or import restrictions for reasons under the subparagraphs of paragraph (1) shall submit an application for approval of modification of permission to export wastes subject to export or import restrictions in attached Form 1 to the Minister of Environment along with one copy of each of the following documents: <Amended on Dec. 31, 1997; Feb. 28, 1998; Jul. 16, 2001; Dec. 30, 2016; Oct. 17, 2017> |
| 1. | The original of the export permit for wastes subject to export or import restrictions; |
| 2. | Documents proving the details of modification. |
| (3) | Where the Minister of Environment receives an application for amendment of permission for export of wastes subject to export or import restrictions pursuant to paragraph (2), he or she shall issue a permit for amendment to permission for export of wastes subject to export or import restrictions in attached Form 1 pursuant to Article 3 (2), (3) and (5). <Newly Inserted on Dec. 31, 1997; Feb. 28, 1998; Jul. 16, 2001; Oct. 17, 2017> |
[Title Amended on Oct. 17, 2017]
| Article 5 (Preparation of Export Movement Documents) |
| (1) | Export movement documents under Article 7 (1) of the Act shall be prepared in attached Form 2. <Amended on Oct. 17, 2017> |
| (3) | Deleted. <Jun. 21, 1999> |
[Title Amended on Jun. 21, 1999]
| Article 6 (Matters to Be Entered into Export Movement Documents) |
"Matters prescribed by Presidential Decree" in Article 8 (1) of the Act means the following cases where the relevant exported wastes subject to export or import restrictions are domestically transferred to others: <Amended on Oct. 17, 2017> | 1. | Trade name, address of the place of business, and contact address of a carrier; |
| 2. | Means of transportation. |
[Title Amended on Dec. 31, 2009]
| Article 7 Deleted. <Jun. 21, 1999> |
| Article 8 Deleted. <Jun. 21, 1999> |
| Article 9 (Permission for Import of Wastes Subject to Export or Import Restrictions) |
| (1) | A person who intends to obtain permission to import wastes subject to export or import restrictions pursuant to the former part of Article 10 (1) of the Act shall submit an application for permission to import wastes subject to export or import restrictions in attached Form 4 to the Minister of Environment along with one copy each of the following documents: <Amended on Dec. 31, 1997; Feb. 28, 1998; Jul. 16, 2001; Nov. 15, 2007; Dec. 31, 2009; Jul. 19, 2016; Dec. 30, 2016; Oct. 17, 2017; Jul. 2, 2019; Dec. 31, 2019; Sep. 29, 2020; Mar. 30, 2021> |
| 1. | A copy of an import contract or purchase order stating that the relevant wastes subject to export or import restrictions are managed in an environmentally sound manner and the import price is the cost, insurance and freight (C.I.F.) price; |
| 2. | Any document specifying the characteristics and uses of the imported wastes subject to export or import restrictions; |
| 3. | A copy of a domestic transportation contract of wastes subject to export or import restrictions (to be attached only where the wastes are entrusted for transportation); |
| 4. | In cases of imports under the former part of Article 10 (6) of the Act (hereinafter referred to as "package import"), a package import plan stating the volume of import by the customs office at the place of clearance of the wastes subject to export or import restrictions, by the expected date of import, or by the expected month of import; |
| 4-2. | A document proving that the person has deposited security money pursuant to Article 18-6 (1) of the Act or has purchased an insurance policy that guarantees the export or import of wastes (excluding cases where an insurance policy or any other guarantee attached pursuant to subparagraph 10 has greater guarantee coverage); |
| 5. | A payment receipt of a fee for permission for the import of wastes subject to export or import restrictions under Article 20 (2); |
| 6. | A plan for disposal of wastes subject to export or import restrictions, including the routes and means of transportation, name of carrier, schedule of transportation, place and schedule of storage, and recycling and disposal methods; |
| 6-2. | A copy of a permit for waste disposal business (hereinafter referred to as "permit for waste disposal business") under Article 25 (8) of the Wastes Control Act of a person who intends to dispose of wastes subject to export or import restrictions or a document certifying that he or she has reported waste disposal (hereinafter referred to as "certificate of report on waste disposal") under Article 46 (1) of that Act; |
| 7. | Information and data about hazardous substances under Article 18 (2) contained in imported wastes subject to export or import restrictions; |
| 8. | Documents prescribed and announced by the Minister of Environment, which can confirm whether substances fall under those excluded from application under Article 3 (1) of the Act; |
| 9. | Deleted; <Dec. 31, 2009> |
| 10. | An insurance policy or other guarantees under Article 6 (11) of the Convention; |
| 11. | Photographs to check the type of wastes subject to export or import restrictions. |
| (2) | Where the Minister of Environment receives a request for consent to the import of wastes from the competent authority of the State of export in accordance with Article 10 (3) of the Act, he or she shall serve a notice on such consent, conditional consent, disapproval, or request for additional information on the competent authority of the State of export within eight days from the date of the receipt of such request. <Amended on Dec. 23, 1994; Dec. 31, 1997; Feb. 28, 1998; Dec. 31, 1998; Jul. 16, 2001; Nov. 15, 2007; Dec. 31, 2009> |
| (3) | Deleted. <Jul. 16, 2001> |
| (4) | Deleted. <Jul. 16, 2001> |
| (5) | Where the Minister of Environment notifies the competent authority of the State of export of consent to import pursuant to paragraph (2), he or she shall promptly issue an import permit for wastes subject to export or import restrictions in attached Form 4 to the applicant of such import permission. In such cases, he or she shall notify the Mayor/Do Governor or the head of a Si/Gun/Gu having jurisdiction over the management of the relevant wastes subject to export or import restrictions of the details of such import permit. <Amended on Dec. 31, 1997; Feb. 28, 1998; Jul. 16, 2001; Oct. 17, 2017> |
| (6) | Where the Minister or Environment issues an import permit for wastes subject to export or import restrictions pursuant to the former part of paragraph (5) or confirms customs clearance for the import of the relevant wastes subject to export or import restrictions pursuant to Article 226 (2) of the Customs Act, he or she shall enter the details of the import permit and customs clearance therefor into the electronic information processing program. In such cases, he or she shall take measures so that the Director of a River Basin Environmental Office, the Director of a Regional Environmental Office and the Mayor/Do Governor or the head of a Si/Gun/Gu having jurisdiction over the management of the relevant wastes subject to export or import restrictions may confirm the details of the import permit and customs clearance therefor entered into the electronic information processing program. <Newly Inserted on Oct. 17, 2017> |
| (7) | Data to be submitted to the Minister of Environment whenever a person who has obtained permission for package import imports wastes subject to export or import restrictions pursuant to the latter part of Article 10 (6) of the Act shall be as follows: <Newly Inserted on Sep. 29, 2020> |
| 1. | Photographs to check the types of wastes subject to export or import restrictions (which shall be the ones shot within 30 days before the shipment date in the State of export); |
| 2. | Data prescribed in paragraph (1) 3, 4, and 6 (to be submitted only where the details of the relevant data have been modified from those submitted at the time of obtaining permission for the package import). |
[Title Amended on Oct. 17, 2017]
| Article 10 (Deemed Requests for Consents to Import Wastes Subject to Export or Import Restrictions) |
In granting a permit for import of wastes subject to export or import restrictions under the former part of Article 10 (1) of the Act, if generators or exporters of the relevant wastes subject to export or import restrictions request the consent to import wastes subject to export or import restrictions through the competent authority of the State of export, the Minister of Environment shall deem that he or she has been requested to grant the consent to import wastes subject to export or import restrictions from the competent authority of the State of export of the relevant wastes subject to export or import restrictions pursuant to Article 10 (3) of the Act. <Amended on Dec. 31, 1997; Jun. 21, 1999; Jul. 16, 2001; Nov. 15, 2007; Oct. 17, 2017> [Title Amended on Oct. 17, 2017]
| Article 11 (Modification of Permission for Import of Relevant Wastes Subject to Export or Import Restrictions) |
| (1) | Matters that require permission for modification, from among matters for which the permission for import of wastes subject to export or import restrictions has been granted, pursuant to the latter part of Article 10 (1) of the Act, shall be as follows: <Amended on Oct. 17, 2017; Dec. 31, 2019; Sep. 29, 2020> |
| 1. | Modification of names, trade names, or the locations of places of business of an importer and an exporter of wastes subject to export or import restrictions; |
| 2. | Modification of the name, physical characteristics and state, and chemical composition of wastes subject to export or import restrictions; |
| 3. | Modification of the quantity of wastes subject to export or import restrictions; |
| 4. | Modification of the method of disposal of wastes subject to export or import restrictions, or the place for disposal; |
| 5. | Modification of the domestic customs offices at the place of clearance or the domestic port of arrival; |
| 6. | Modification of the customs office or the competent authority of the State of export or the State of transit. |
| (2) | A person who intends to obtain approval of modification of permission to import wastes subject to export or import restrictions for reasons under the subparagraphs of paragraph (1) shall submit an application for approval of modification of permission to import wastes subject to export or import restrictions in attached Form 4 to the Minister of Environment along with one copy of each of the following documents: <Amended on Dec. 31, 1997; Jun. 21, 1999; Jul. 16, 2001; Dec. 30, 2016; Oct. 17, 2017> |
| 1. | Original of the permit for import of wastes subject to export or import restrictions; |
| 2. | Documents proving the details of modification. |
| (3) | Where the Minister of Environment receives an application for amendments to permission for import of wastes subject to export or import restrictions pursuant to paragraph (2), he or she shall issue a permit for amendments to a permission for import of waste subject to export and import restrictions in attached Form 4 pursuant to Article 9 (2) and (5). <Amended on Oct. 17, 2017> |
[Title Amended on Oct. 17, 2017]
| Article 12 (Preparation of Import Movement Documents) |
| (1) | Import movement documents under the former part of Article 11 of the Act shall be prepared in attached Form 5. <Amended on Oct. 17, 2017> |
| (2) | Import movement documents under paragraph (1) shall be prepared at the time imported wastes subject to export or import restrictions are recognized as domestic articles and are then carried out of a bonded area under Article 154 of the Customs Act (including a place outside the boundary of a bonded area for which permission for storage is granted pursuant to Article 156 of the same Act) or a free trade zone under subparagraph 1 of Article 2 of the Act on the Designation and Management of Free Trade Zones. <Amended on Dec. 29, 2000; Jul. 16, 2001; Nov. 15, 2007; Oct. 17, 2017> |
[This Article Wholly Amended on Jun. 21, 1999]
[Title Amended on Oct. 17, 2017]
| Article 13 (Records of Import Movement Documents) |
| 1. | The trade name, address of the place of business, and contact address of a carrier; |
| 2. | Means of transportation. |
[Title Amended on Dec. 31, 2009]
| Article 14 Deleted. <Jan. 28, 2014> |
| Article 15 (Notice of Results of Disposal of Imported Wastes Subject to Export or Import Restrictions) |
Any person who completes the disposal of imported wastes subject to export or import restrictions pursuant to Article 14 of the Act shall serve a notice prepared in attached Form 7 with respect to the receipt of the relevant wastes subject to export or import restrictions and the results of their disposal on the competent authority of the State of export and the exporter, and submit a copy thereof to the Minister of Environment within 10 days from the date of completion of such disposal. <Amended on Oct. 17, 2017> [This Article Wholly Amended on Jul. 16, 2001]
[Title Amended on Oct. 17, 2017]
| Article 16 Deleted. <Dec. 31, 1998> |
| Article 17 (Method of Packing and Attaching Marks) |
The method of packing wastes subject to export or import restrictions or the method of attaching marks to such package in accordance with Article 17 (1) of the Act, except as provided for by other statutes, such as the Ship Safety Act and the Aviation Safety Act, shall be in accordance with the standards contained in attached Table 1. <Amended on Nov. 15, 2007; Dec. 31, 2009; Sep. 17, 2010; Mar. 29, 2017; Oct. 17, 2017>
| Article 17-2 (Declaration for Export and Import of Wastes Subject to Export and Import Control) |
| (1) | A person who intends to make a declaration for export of wastes subject to export and import control under Article 18-2 (1) of the Act shall submit a declaration for export of wastes subject to export and import control in attached Form 7-2 to the Minister of Environment along with one copy each of the following documents: <Amended on Dec. 31, 2019; Sep. 29, 2020; Mar. 30, 2021> |
| 1. | A copy of an export contract or purchase order in which the export price is specified as the Free on Board (FOB) price; |
| 2. | A plan for transportation and storage of wastes subject to export and import control, including the routes and means of transportation, name of carrier, schedule of transportation, and place and schedule of storage; |
| 3. | A copy of a contract for transportation of wastes subject to export and import control (the copy thereof shall be attached only in cases where the transportation of such wastes are entrusted and the wastes are transported); |
| 4. | Results of analysis of wastes subject to export and import control prepared by an institution specializing in analysis of wastes under the provisions, with the exception of the subparagraphs, of Article 17-2 (1) of the Wastes Control Act; |
| 5. | An export plan stating the volume of export by the customs office at the place of clearance of wastes subject to export and import control, by the expected date of export, or by the expected month of export (to be attached only where a declaration for export is filed pursuant to the former part of Article 18-2 (3) of the Act); |
| 6. | Photographs to check the types of wastes subject to export and import control; |
| 7. | A document proving that the person has deposited security money pursuant to Article 18-6 (1) of the Act or has purchased an insurance policy that guarantees the export or import of wastes. |
| (2) | A person who intends to file a declaration for import of wastes subject to export and import control under Article 18-2 (1) of the Act shall submit an import declaration for wastes subject to export and import control in attached Form 7-3 to the Minister of Environment, along with one copy of each of the following documents: <Amended on Jul. 2, 2019; Dec. 31, 2019; Sep. 29, 2020; Mar. 30, 2021> |
| 1. | A copy of an import contract or purchase order in which the import price is specified as the cost, insurance and freight (CIF) price; |
| 2. | Deleted; <Dec. 31, 2019> |
| 3. | A copy of a contract for transportation of wastes subject to export or import restrictions (the copy thereof shall be attached only in cases where the transportation of such wastes are entrusted and the wastes are transported); |
| 4. | A plan for disposal of wastes subject to export or import control, including the routes and means of transportation, name of carrier, schedule of transportation, place and schedule of storage, and recycling and disposal methods; |
| 5. | A copy of a permit for waste disposal business or a certificate of report on waste disposal of a person who intends to dispose of wastes subject to export and import control; |
| 6. | A copy of a document whereby the ability to be entrusted with wastes and to dispose of wastes under Article 17 (1) 3 of the Wastes Control Act is confirmed (the copy thereof shall be attached only where the person is entrusted with the disposal of wastes and disposes of wastes); |
| 7. | A written result of analysis of wastes subject to export and import control; |
| 8. | Photographs to check the types of wastes subject to export and import control; |
| 9. | Documents prescribed and announced by the Minister of Environment, through which it may be confirmed whether wastes fall under substances excluded from the scope of application under Article 3 (1) of the Act; |
| 10. | An import plan stating the import volumes by the customs office at the place of clearance of wastes subject to export and import control, by the expected date of import, or by the expected month of import (the import plan shall be attached only in cases where an import declaration is made pursuant to the former part of Article 18-2 (3) of the Act); |
| 11. | A document proving that the person has deposited security money pursuant to Article 18-6 (1) of the Act or has purchased an insurance policy that guarantees the export or import of wastes. |
| (3) | Where the Minister of Environment receives a declaration for export pursuant to paragraph (1) or a declaration for import pursuant to paragraph (2), he or she shall issue an export declaration certificate of wastes subject to export and import control in attached Form 7-4 or an import declaration certificate of wastes subject to export and import control in attached Form 7-5 to a person who makes such declaration after confirming the details of the declaration. In such cases, he or she shall notify the Mayor/Do Governor or the head of a Si/Gun/Gu having jurisdiction over the management of the relevant wastes subject to export and import control of the details of such certificate. |
| (4) | Where the Minister of Environment issues an export declaration certificate of wastes subject to export and import control or a certificate of declaration for the import thereof pursuant to the former part of paragraph (3), or confirms the customs clearance for the export and import of the relevant wastes subject to export and import control pursuant to Article 226 (2) of the Customs Act, he or she shall enter the relevant details thereof into the electronic information processing program. In such cases, he or she shall take measures so that the Director of a River Basin Environmental Office, the Director of a Regional Environmental Office and the Mayor/Do Governor or the head of a Si/Gun/Gu having jurisdiction over the management of the relevant wastes subject to export and import control may confirm the relevant details thereof entered into the electronic information processing program. |
| (5) | "Important matters prescribed by Presidential Decree" in Article 18-2 (2) of the Act means the following: <Amended on Sep. 29, 2020> |
| 1. | Name, trade name and the location of the place of business of an exporter or an importer of wastes subject to export and import control; |
| 2. | The State of export or import of wastes subject to export and import control; |
| 3. | Types, physical characteristics and state, and chemical composition of exported or imported wastes subject to export and import control; |
| 4. | Volume of exported or imported wastes subject to export and import control (only applicable to cases where the volume of designated waste is increased by at least 30/100 and the volume of waste other than designated wastes is increased by at least 50/100); |
| 5. | Methods of disposal of wastes subject to export and import control, a person who disposes of such wastes or a place where such wastes are disposed of. |
| (6) | A person who intends to file a report on modification pursuant to Article 18-2 (2) of the Act shall submit a report on modification of the export of wastes subject to export and import control in attached Form 7-2 or a report on modification of the import of wastes subject to export and import control in attached Form 7-3 to the Minister of Environment along with the following documents: |
| 1. | A document that may prove matters modified; |
| 2. | The original of an export declaration certificate of wastes subject to export and import control or a certificate of declaration for the import thereof. |
| (7) | Data to be submitted to the Minister of Environment whenever a person who has filed a declaration for wastes subject to export and import control all at once pursuant to the former part of Article 18-2 (3) of the Act exports or imports wastes under the latter part of that paragraph shall be as follows: <Newly Inserted on Sep. 29, 2020> |
| 1. | The following data, in cases of export: |
| (a) | Photographs to check the types of wastes subject to export and import control (which shall be the ones shot within 30 days before the date of submitting data under Article 6 (6) of the Act); |
| (b) | Data referred to in paragraph (1) 2, 3, and 5 (to be submitted only where the details of the relevant data have been modified from those submitted at the time of acceptance of a declaration); |
| 2. | The following data, in cases of import: |
| (a) | Photographs to check the types of wastes subject to export and import control (which shall be the ones shot within 30 days before the shipment date in the State of export); |
| (b) | Data referred to in paragraph (2) 3, 4, and 10 (to be submitted only where the details of the relevant data have been modified from those submitted at the time of acceptance of a declaration). |
[This Article Newly Inserted on Oct. 17, 2017]
| Article 17-3 Deleted. <Mar. 30, 2021> |
| Article 17-4 (Affairs Using Electronic Information Processing Program) |
| (1) | "Affairs prescribed by Presidential Decree, such as reporting" in Article 18-4 (3) of the Act means the following affairs: <Amended on Oct. 17, 2017> |
| 1. | Submission of applications for permission to export wastes subject to export or import restrictions or of applications for permission for modification under Article 6 (1) of the Act; |
| 2. | Submission of reports on failure to export wastes subject to export or import restrictions under Article 7 (2) of the Act; |
| 3. | Submission of applications for permission to import wastes subject to export or import restrictions or of applications for permission for modification under Article 10 (1) of the Act; |
| 4. | Deleted; <Jan. 28, 2014> |
| 5. | Submission of the copies of documents stating the receipt of wastes subject to export or import restrictions and the results of the disposal thereof under Article 14 of the Act; |
| 5-2. | Submission of declarations for export, declarations for import or reports on modification in declarations for export or import of wastes subject to export and import control under Article 18-2 (1) and (2) of the Act; |
| 5-3. | Entering the current status, etc. of the export, import and disposal of wastes under the proviso, with the exception of the subparagraphs, of Article 21-2 of the Act in the electronic information processing program; |
| 8. | Submission of requests for the refund of fees for permission to export and import of wastes under Article 21 (2). |
| (2) | Where the head of a relevant central administrative agency requests the Minister of Environment to allow him or her to check matters under the subparagraphs of paragraph (1) entered into the electronic information processing program pursuant to relevant Acts and subordinate statutes, the Minister of Environment may allow him or her to check the relevant matters in accordance with the methods prescribed and announced by him or her. <Newly Inserted on Oct. 17, 2017> |
[This Article Newly Inserted on Sep. 17, 2010]
[Moved from Article 12-3 <Oct. 17, 2017>]
| Article 17-5 (Entering Details on Delivery and Receipt of Exported and Imported Wastes) |
| (1) | "Information on the site of waste disposal prescribed by Presidential Decree, including the value of measurement, location information, and visual information" in the main clause, with the exception of the subparagraphs, of Article 18-5 (1) of the Act means the following information: |
| 1. | The value of the volume of wastes measured by a person who installs measurement facilities pursuant to the former part of Article 25 (3) of the Wastes Control Act, using the measuring facilities (hereinafter referred to as "value of measurement"); |
| 2. | Location information and visual information collected and entered in accordance with the methods determined and publicly notified by the Minister of Environment to check the location and conditions of wastes on the site. |
| (2) | Whenever exported or imported wastes are exported, imported, or disposed of pursuant to the main clause, with the exception the subparagraphs, of Article 18-5 (1) of the Act, matters to be entered into the electronic information processing program shall be as specified in attached Table 2. |
[This Article Newly Inserted on Mar. 30, 2021]
| Article 17-6 (Designation of Depository Institution for Security Money) |
| (1) | The Minister of Environment may designate any of the following institutions or organizations as a depository institution for security money under Article 18-6 (1) 1 of the Act: |
| (2) | Upon designating a depository institution for security money pursuant to paragraph (1), the Minister of Environment shall post such designation on the website of the Ministry of Environment. |
| (3) | The standards for calculating the security money or insurance amount, period of guarantee, etc. prescribed in Article 18-6 (1) of the Act shall be as specified in attached Table 4. |
[This Article Newly Inserted on Mar. 30, 2021]
| Article 18 (Prohibitions on Export and Import) |
| (1) | The Minister of Environment shall, when he or she intends to take steps to prohibit or limit the export and import of wastes in accordance with Article 19 (1) of the Act, specify and publicly announce the lists of prohibited or limited items, method of prohibition or limitation and term of the prohibition or limitation thereon, etc. <Amended on Dec. 23, 1994; Dec. 31, 1997; Feb. 28, 1998; Jul. 16, 2001> |
| (2) | "Hazardous substances prescribed by Presidential Decree" in Article 19 (1) 2 of the Act means restricted substances under subparagraph 4 of Article 2 of the Chemicals Control Act. <Newly Inserted on Jul. 19, 2016> |
| 2. | Wastes deemed and publicly notified by the Minister of Environment as necessary to be prohibited for import for the proper management and facilitation of recycling of wastes generated in the Republic of Korea. |
[Title Amended on Jul. 16, 2001]
| Article 18-2 (States to Which Export of Wastes Are Prohibited) |
Wastes shall be prohibited from being exported to any state in accordance with Article 19 (3) and (4) of the Act, with the exception of states falling under each of the following subparagraphs: | 1. | Signatories to bilateral, multilateral, or regional agreements or arrangements under Article 11 of the Convention; |
| 2. | The member states of the Organization for Economic Cooperation and Development, the member states of the European Union, and Liechtenstein. |
[This Article Newly Inserted on Jul. 16, 2001]
| Article 19 (Recording and Preservation of Books) |
| (1) | A person falling under any of the following subparagraphs shall keep books classified as follows and make records and preserve the books pursuant to the main clause, with the exception of the subparagraphs, of Article 21-2 of the Act: |
| 3. | Any person who has disposed of imported wastes pursuant to Article 18-3 (1) of the Act (only applicable to persons entrusted with the disposal of imported wastes): A book of the control of the entrusted disposal of imported wastes in attached Form 10 or 10-2. |
| (2) | Books under paragraph (1) may be recorded and preserved in an electronic record medium. |
[This Article Wholly Amended on Oct. 17, 2017]
| Article 19-2 (Submission of Reports) |
| (1) | A person falling under any of the following shall submit reports classified as follows to the head of the relevant agency who grants permission to export or import or the head of the relevant agency to whom he or she submits a declaration for export or import pursuant to Article 21-3 (1) of the Act: |
| 1. | Any person who has obtained permission to export wastes pursuant to Article 6 (1) of the Act or who has made a declaration for export of wastes pursuant to Article 18-2 (1) of the Act: A report on the result of the export of wastes in attached Form 11. In such cases, a person who has obtained permission to export wastes shall submit a copy of export movement documents or of a notice of completion of the disposal of wastes issued by the State of import; |
| 2. | Any person who has obtained permission to import wastes pursuant to Article 10 (1) of the Act or who has made a declaration for import of wastes pursuant to Article 18-2 (1) of the Act: A report on the result of the import of wastes in attached Form 12. In such cases, a person who has obtained permission to import wastes shall submit a copy of import movement documents or of a notice of completion of the disposal of wastes issued to the State of export; |
| 3. | Any person who has disposed of imported wastes pursuant to Article 18-3 (1) of the Act (only applicable to persons entrusted with the disposal of wastes): A report on the result of the entrusted disposal of imported wastes in attached Form 13 or 13-2. |
| (2) | A public official who has received a report under paragraph (1) shall check an export declaration certificate or an import declaration certificate through the common use of administrative information under Article 36 (1) of the Electronic Government Act: Provided, That where a person who has submitted the report does not consent to his or her checking, he or she shall submit the report along with a copy of an export declaration certificate or an import declaration certificate. <Amended on Jul. 2, 2019> |
[This Article Wholly Amended on Oct. 17, 2017]
| Article 19-3 (Reporting and Inspection) |
The Minister of Environment shall make a request, in writing, for filing a report or submitting data under Article 22 (1) of the Act, by specifying the details of the data, the deadline for submission, etc. [This Article Newly Inserted on Sep. 29, 2020]
| Article 19-4 (Publication of Violations) |
Where the Minister of Environment publishes information related to administrative dispositions, such as the details of disposition, name, and trade name of a person for whom an administrative disposition is completely decided under Article 22-2 of the Act, the Minister shall publish such information on the website of the Ministry of Environment and in the electronic information processing program referred to in Article 18-4 (1) of the Act. [This Article Newly Inserted on Sep. 29, 2020]
| Article 19-5 (Imposition of Penalty Surcharges) |
| (2) | Where a person liable to pay a penalty surcharge voluntarily removes and reinstates the relevant wastes before the penalty surcharge is imposed under Article 22-3 (1) of the Act, expenses incurred in removing and reinstating the wastes shall not be imposed as a penalty surcharge. |
| (3) | "Cases prescribed by Presidential Decree" in the proviso, with the exception of the subparagraphs, of Article 22-3 (1) of the Act means any of the following cases: |
| 1. | Where it is impossible to secure the relevant data due to the destruction, non-submission, etc. of data related to the calculation of gained profits; |
| 2. | Where it is impossible to secure data related to the calculation of gained profits due to a situation equivalent to an act of God, fire, war, etc. |
| (4) | Where the Minster of Environment intends to impose a penalty surcharge pursuant to Article 22-3 of the Act, he or she shall give a written notice of payment of such penalty surcharge by specifying the type of the relevant violation and the amount of the relevant penalty surcharge. |
| (5) | A person upon receipt of a notice under paragraph (4) shall pay the penalty surcharge to the collecting agency designated by the imposing authority within 20 days from the date of receipt of such notice. |
| (6) | A collecting agency which has received the penalty surcharge pursuant to paragraph (5) shall issue a receipt to the payer and notify the Minister of Environment of such fact without delay. |
[This Article Newly Inserted on Sep. 29, 2020]
| Article 19-6 (Collection of Penalty Surcharges and Disposition on Delinquency) |
| (1) | "Additional charge prescribed by Presidential Decree" in Article 22-4 (1) of the Act means the amount calculated by multiplying the penalty surcharge in arrears from the day immediately following the payment deadline for the penalty surcharge to the actual payment date of the penalty surcharge, by 3/100 per annum. |
| (2) | A demand to pay the penalty surcharge under Article 22-4 (2) of the Act shall be sent in writing within seven days after the payment deadline elapses; and where a reminder is issued, the payment deadline for the penalty surcharge in arrears shall be within 10 days from the issuance date of the reminder. |
[This Article Newly Inserted on Sep. 29, 2020]
| Article 19-7 (Designation of Waste Export and Import Safety Management Center) |
| (1) | "Specialized institution prescribed by Presidential Decree" in the provisions, with the exception of the subparagraphs, of Article 22-5 (1) of the Act means the Korea Environment Corporation. |
| (2) | A waste export and import safety management center designated pursuant to Article 22-5 (1) of the Act (hereinafter referred to as "export and import safety management center") shall submit to the Minister of Environment its business plan for the following year concerning the duties referred to in each subparagraph of that paragraph, by December 10 of each year. |
| (3) | The export and import safety management center shall submit to the Minister of Environment the performance records of its duties, including the safety inspection results of the relevant month, by the last day of each month. |
[This Article Newly Inserted on Mar. 30, 2021]
CHAPTER III SUPPLEMENTARY PROVISIONS
| Article 20 (Calculation Method of Fees) |
| (1) | A fee for permission to export or import wastes subject to export or import restrictions (hereinafter referred to as "fee for permission to export or import") under Article 23 (2) of the Act shall be calculated by the following methods: Provided, That the amount less than 1,000 won shall be excluded from the amount for the calculation, and where the standard amount is denominated in a foreign currency, the calculation shall be made by applying the exchange rate as at the time of payment: <Amended on Dec. 31, 1997; Feb. 28, 1998; Jul. 16, 2001; Oct. 17, 2017> |
F.O.B. price of the relevant wastes subject to export or import restrictions×1÷1,000
C.I.F. price of the relevant wastes subject to export or import restrictions×1÷1,000
| 3. | Where the C.I.F. price or the F.O.B. price is unknown: |
Disposal cost of the relevant wastes subject to export or import restrictions prescribed by the Minister of Environment×1÷1,000.
| (2) | Any person who intends to export or import wastes subject to export or import restrictions (hereinafter referred to as "importer or exporter of wastes subject to export or import restrictions") shall pay a fee for permission to export or import wastes in attached Form 14 based on a statement of payment of the fee for permission to export or import wastes to a bank which handles foreign exchange after calculating the fee for permission to export or import wastes pursuant to paragraph (1), and submit the payment receipt to the Minister of Environment when he or she applies for permission to export or import the relevant wastes subject to export or import restrictions. <Amended on Dec. 31, 1997; Feb. 28, 1998; Jul. 16, 2001; Sep. 17, 2010; Oct. 17, 2017> |
| (3) | In cases of package export or import, the Minister of Environment may require an exporter or importer of the relevant wastes subject to export or import restrictions to pay fees for permission to export or import the relevant wastes subject to export or import restrictions whenever the exporter or importer exports or imports wastes until the fees reach the total amount of fees for permission to export or import wastes, which the exporter or importer of the relevant wastes subject to export or import restrictions should pay, or may require the exporter or importer to pay the total amount in installments, as prescribed and announced by the Minister of Environment. <Amended on Dec. 31, 1997; Feb. 28, 1998; Jul. 16, 2001; Oct. 17, 2017> |
| Article 21 (Refund of Fees) |
| (1) | When the Minister of Environment has received an application for permission for export or import of wastes subject to export or import restrictions under Article 3 or 9, but chooses not to permit the waste export or import, or where the exporter or importer of wastes subject to export or import restrictions does not export or import the relevant wastes subject to export or import restrictions for which the permission has been granted, or where the exporter or importer has mistakenly overpaid the fee, he or she shall totally or partially refund the already paid export/import permission fee. <Amended on Dec. 31, 1997; Feb. 28, 1998; Jul. 16, 2001; Oct. 17, 2017> |
| (2) | Any person who intends to get a refund of a fee for permission to export or import wastes pursuant to paragraph (1) shall submit a request for refund of a fee for permission to export or import wastes in attached Form 15 to the Minister of Environment along with the following documents: <Amended on Dec. 31, 1997; Feb. 28, 1998; Jul. 16, 2001; Sep. 17, 2010; Oct. 17, 2017> |
| 1. | The permit for export/import of wastes subject to export or import restrictions (except cases where the permission has not been granted); |
| 2. | Export or import movement documents of wastes subject to export or import restrictions (except cases where the permission has not been granted); |
| 3. | The payment receipt of a fee for permission to export or import wastes subject to export or import restrictions. |
| (3) | When the Minister of Environment receives an application for the refund of waste export/import permission fees under paragraph (2), he or she shall serve on the applicant a statement of decision on the refund of waste export/import permission fees in attached Form 15 within five days from the date of the receipt of such application, and shall refund such fees to him or her. <Amended on Dec. 31, 2009; Sep. 17, 2010> |
| (4) | Deleted. <Jul. 16, 2001> |
| Article 22 (Designation of Competent Authorities) |
The competent authorities under Article 25 of the Act shall be the Minister of Environment, and the focal point shall be the director in charge of the tasks for export and import of wastes at the Resource Recirculation Bureau of the Ministry of Environment. <Amended on Dec. 23, 1994; Dec. 31, 1997; Feb. 28, 1998; Jun. 21, 1999; Jul. 16, 2001; Dec. 31, 2009>
The Minister of Environment shall hold a hearing where he or she intends to make any of the following dispositions:
[This Article Newly Inserted on Sep. 29, 2020]
| Article 24 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Environment shall delegate his or her authority under the following subparagraphs to the Director of a River Basin Environmental Office or the Director of a Regional Environmental Office pursuant to Article 27 (1) of the Act: <Amended on Aug. 8, 2002; Nov. 15, 2007; Sep. 17, 2010; Oct. 17, 2017> |
| 2. | Requesting the State of import or transit of wastes subject to export or import restrictions under the main clause of Article 6 (3) of the Act to give consent; |
| 3. | Receiving reports on the cancellation of plans to export wastes subject to export or import restrictions under Article 7 (2) of the Act; |
| 6. | Deleted; <Jan. 28, 2014> |
| 7. | Receiving the copies of documents stating the results of disposal of wastes subject to export or import restrictions under Article 14 of the Act; |
| 9. | Determining whether to give consent to the transit of wastes subject to export or import restrictions and providing notification under Article 16 (1) of the Act; |
| 10. | Designating ports where wastes subject to export or import restrictions are loaded and unloaded, restricting areas where wastes subject to export or import restrictions are loaded and unloaded, and consultations thereon under Article 18 (1) of the Act; |
| 11. | Restricting transit ports or transit areas of wastes subject to export or import restrictions and consultations thereon under Article 18 (2) of the Act; |
| 11-2. | Receiving declarations for export of wastes subject to export and import control, declarations for the import thereof and reports on modification under Article 18-2 of the Act; |
| 13. | Receiving requests from the heads of relevant administrative agencies for taking necessary measures, such as shipping wastes into or out of areas, taking measures based thereon and notifying the results under Article 20 (2) and (3) of the Act; |
| 14. | Performing work on behalf of others and collecting expenses incurred in performing work under Article 21 of the Act; |
| 15. | Giving orders to file reports, requesting the submission of data and conducting inspection under Article 22 (1) of the Act; |
| 16. | Requesting the heads of relevant administrative agencies to provide data under the former part of Article 24 of the Act; |
| 17-2. | Giving notices under the latter part, with the exception of the subparagraphs, of Article 3 (6), the latter part of Article 9 (5), and the latter part of Article 17-2 (3); |
| 18. | Conducting affairs concerning the refund of fees under Article 21. |
| (2) | Pursuant to Article 27 (1) of the Act, the Minister of Environment shall entrust the Korea Environment Corporation with the following affairs: <Newly Inserted on Sep. 17, 2010; Oct. 17, 2017; Mar. 30, 2021> |
| 2. | Entering data into the electronic information processing program and the confirmation thereof under Articles 3 (7), 9 (6), 17-2 (4) and 17-4 (2). |
[This Article Wholly Amended on Jul. 16, 2001]
[Title Amended on Sep. 17, 2010]
| Article 24-2 (Re-Examination of Regulation) |
The Minister of Environment shall examine the validity of the following matters every third year (referring to the period that ends on the day before the base date of every third year) from each relevant base date and take measures for improvement, etc.: <Amended on Oct. 17, 2017>
| 1. | Permission to export wastes subject to export or import restrictions under Article 3: January 1, 2014; |
| 2. | Permission to import wastes subject to export or import restrictions under Article 9: January 1, 2014. |
[This Article Newly Inserted on Dec. 30, 2013]
CHAPTER IV PENALTY PROVISIONS
| Article 25 (Criteria for Imposition of Administrative Fines) |
[This Article Wholly Amended on Dec. 31, 2009]
ADDENDUM <Presidential Decree No. 14272, May 28, 1994>
This Decree shall enter into force on the day on which the Convention becomes effective in the Republic of Korea.
ADDENDA <Presidential Decree No. 14450, Dec. 23, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 15585, Dec. 31, 1997>
This Decree shall enter into force on January 1, 1998: Provided, That the amended provisions of Article 18 (3) shall enter into force on July 1, 1998.
ADDENDA <Presidential Decree No. 15734, Feb. 28, 1998>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 15965, Dec. 31, 1998>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 16406, Jun. 21, 1999>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 17048, Dec. 29, 2000>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2001.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 17307, Jul. 16, 2001>
| (1) | (Enforcement Date) This Decree shall enter into force on July 17, 2001. |
| (2) | (Transitional Measures concerning Nations to Which Exports of Wastes are Prohibited) The member nations of the Organization for Economic Cooperation and Development, the member nations of the European Union, and Liechtenstein under the amended provisions of subparagraph 2 of Article 18-2 shall be deemed signatories to the Convention by the date preceding the date on which the Annex VII of the Convention adopted at the third general meeting of "signatories to the Convention" takes effect. |
| (3) | (Transitional Measures concerning Pending Procedures) Any application, declaration and report, etc. that are filed with the Minister of Commerce, Industry and Energy under the previous provisions at the time when this Decree enters into force shall be deemed filed with the Minister of Environment under this Decree. |
ADDENDA <Presidential Decree No. 17698, Aug. 8, 2002>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 17824, Dec. 30, 2002>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2003. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 20387, Nov. 15, 2007>
This Decree shall enter into force on November 18, 2007.
ADDENDA <Presidential Decree No. 20680, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 21215, Dec. 31, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21959, Dec. 31, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2010.
Article 2 (Special Cases concerning Report on Export, Import, and Takeover of Wastes)
Notwithstanding the amended provisions of Article 19 (1) and annexed Form Nos. 8 through 10, only the actual results of the later half of 2009 out of those of 2009 shall be submitted in the previous forms by not later than January 15, 2010. Article 3 (Transitional Measures concerning Requests for Consent to Import and Transit of Wastes)
A request for consent to import or transit of wastes for an application for permission for export that has been received before this Decree enters into force shall be governed by the previous provisions, notwithstanding the amended provisions of Article 3 (2). Article 4 (Transitional Measures concerning Notices on Requests for Consent to Import of Wastes)
A notice on a request for consent to import which has been received before this Decree enters into force shall be governed by the previous provisions, notwithstanding the amended provisions of Article 9 (2). Article 5 (Transitional Measures concerning Issuance of Statement of Decision on Refund of Waste Export/Import Permission Fees)
The issuance of a statement of decision on the refund of waste export/import permission fees and the refund of the fees decided to be refunded concerning an application for the refund of waste export/import permission fees received before this Decree enters into force shall be governed by the previous provisions, notwithstanding the amended provisions of Article 21 (3). Article 6 (Transitional Measures concerning Criteria for Imposition of Administrative Fines)
| (1) | The criteria for imposition of administrative fines for a violation committed before this Decree enters into force shall be governed by the previous instances. |
| (2) | Where the criteria for imposition of administrative fines shall be applied according to the frequency of violations under the amended provisions of attached Table 2, the first violation committed after this Decree enters into force shall be deemed one time violation. |
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 22385, Sep. 17, 2010>
This Decree shall enter into force on September 23, 2010.
ADDENDA <Presidential Decree No. 24451, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25126, Jan. 28, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 31, 2014.
Article 2 (Applicability to Reporting on Result pertaining to Transportation or Disposal of Imported Wastes)
The amended provisions of Article 19 (1) 3, annexed Form No. 10, and annexed Form 10-2 shall apply starting from the first reporting on the result pertaining to transportation or disposal of imported wastes in 2014.
ADDENDA <Presidential Decree No. 27351, Jul. 19, 2016>
Article 1 (Enforcement Decree)
This Decree shall enter into force on July 21, 2016.
Article 2 (Applicability to Permission, etc. to Import Wastes)
The amended provisions of Article 9 (1) 7 and 8 shall apply beginning with cases where a person files an application for permission to import wastes after this Decree enters into force. Article 3 (Transitional Measures concerning Prohibition of Import of Wastes)
Notwithstanding the amended provisions of Article 18 (2) and (3), the former provisions thereof shall apply to the prohibition of the import of wastes by a person who filed an application for permission to import wastes or an application for approval of the change of permission to import wastes before this Decree enters into force.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Decree)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 27971, Mar. 29, 2017>
Article 1 (Enforcement Decree)
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Presidential Decree No. 28366, Oct. 17, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 19, 2017.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 29950, Jul. 2, 2019>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 30291, Dec. 31, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Permissions for Export and Import of Wastes Subject to Export or Import Restrictions)
The amended provisions of Articles 3 (1) and (3), 9 (1), and attached Forms 1 and 4 shall begin to apply to applications filed for export permission or import permission after this Decree enters into force. Article 3 (Applicability to Declarations for Export and Import of Wastes Subject to Export and Import Control)
The amended provisions of Article 17-2 (1) and (2), and attached Forms 7-2 and 7-3 shall begin to apply to export and import declarations filed after this Decree enters into force.
ADDENDA <Presidential Decree No. 30588, Mar. 31, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Wastes Subject to Prohibition of Import)
| (1) | Notwithstanding the amended provisions of Article 18 (3), the previous provisions shall apply to applications for permission for import of wastes or permission for modification thereof filed under Article 10 (1) of the Act before this Decree enters into force. |
| (2) | Notwithstanding the amended provisions of Article 18 (3), the previous provisions shall apply where an import declaration or a report on modification of import under Article 17-2 (2) or (6) has been submitted to file a declaration for the import of wastes or a report on modification thereof under Article 18-2 of the Act before this Decree enters into force. |
ADDENDUM <Presidential Decree No. 31071, Sep. 29, 2020>
This Decree shall enter into force on October 1, 2020.
ADDENDA <Presidential Decree No. 31580, Mar. 30, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 1, 2021.
Article 2 (Applicability to Permission for Export and Import of Wastes Subject to Export or Import Restrictions)
The amended provisions of Article 3 (1) 5-2, Article 9 (1) 4-2, and attached Forms 1 and 4 shall begin to apply to applications for export permission or import permission filed after this Decree enters into force. Article 3 (Applicability to Declarations for Export and Import of Wastes Subject to Export and Import Control)
The amended provisions of Article 17-2 (1) 7 and (2) 11 and attached Forms 7-2 and 7-3 shall begin to apply to export declarations or import declarations filed after this Decree enters into force. Article 4 (Special Cases concerning Submission of Business Plans of Export and Import Safety Management Centers)
Notwithstanding the amended provisions of Article 19-7 (2), the business plan for 2021 to be submitted by the export and import safety management center to the Minister of Environment shall be submitted by April 30, 2021.
ADDENDA <Presidential Decree No. 32019, Oct. 1, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 2, 2021.
Article 2 (Applicability to Timing for Entering into Electronic Information Processing Program)
| (1) | The amended provisions of subparagraph 1 (a) (iii) of attached Table 2 shall also apply where two days have not passed from the date the unloading of exported wastes is completed in the State of import as at the time this Decree enters into force. |
| (2) | The amended provisions of subparagraph 1 (a) (iv) of attached Table 2 shall also apply where two days have not passed from the date the customs clearance of exported wastes is completed in the State of import as at the time this Decree enters into force. |
Article 3 (Applicability to Standards for Calculation of Security Money or Insurance Amount and Period of Guarantee)
The amended provisions of subparagraphs 1 and 2 of attached Table 4 shall begin to apply to security money deposited under Article 18-6 (1) 1 of the Act or insurance policies purchased under subparagraph 2 of that paragraph after this Decree enters into force.