CHEMICAL SUBSTANCES CONTROL ACT
Act No. 12490, Mar. 18, 2014
Amended by Act No. 13035, Jan. 20, 2015
Act No. 13534, Dec. 1, 2015
Act No. 13890, Jan. 27, 2016
Act No. 14231, May 29, 2016
Act No. 14476, Dec. 27, 2016
Act No. 14493, Dec. 27, 2016
Act No. 14532, Jan. 17, 2017
Act No. 15105, Nov. 28, 2017
Act No. 15659, jun. 12, 2018
Act No. 16084, Dec. 24, 2018
Act No. 17182, Mar. 31, 2020
Act No. 17326, May 26, 2020
Act No. 20231, Feb. 6, 2024
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prevent risks posed by chemical substances to people's health and the environment and protect the lives and property of the people or the environment from chemical substances by properly controlling chemical substances and promptly responding to accidents that occur due to chemical substances.
The terms used in this Act are defined as follows: <Amended on May 26, 2020; Feb. 6, 2024>
| 6. | The term "substances requiring preparation for accidents" means chemical substances highly likely to cause chemical accidents due to their high acute hazard, explosiveness, etc. or likely to cause severe damage where a chemical accident occurs, as designated and publicly notified by the Minister of Environment in accordance with Article 39 because he or she deems it necessary to make preparation for chemical accidents caused by such chemical substances; |
| 7. | The term "hazardous chemical substance" means a substance acutely hazardous to human health, a substance chronically hazardous to human health, a substance hazardous to the environment, and a substance requiring preparation for an accident; |
| 8. | Deleted; <Feb. 6, 2024> |
| 9. | The term "hazard" means the unique properties of chemical substances that adversely affect human health or the environment, such as toxicity of chemical substances; |
| 10. | The term "risk" means the level of damage caused by hazardous chemical substances to human health or the environment when exposed to such chemical substances; |
| 11. | The term "handling facility" means a facility or equipment that manufactures, keeps, stores, transports (excluding transport by air, ship, or train), or uses chemical substances; |
| 12. | The term "handling" means the manufacture, import, sale, keeping, storage, transport or use of chemical substances; |
| 13. | The term "chemical accident" means all situations that occur because chemical substances flow out or are leaked to humans or the environment due to a worker's negligence at work such as replacement of facilities, defects or deterioration in facilities, a natural disaster, a transport accident, etc. |
| Article 3 (Scope of Application) |
| (1) | This Act shall not apply to any of the following chemical substances: <Amended on May 18, 2021; Feb. 6, 2024> |
| 14. | Organic food, organic processed products not intended for human consumption, processed food made with pesticide-free raw materials, organic agro-fishery materials, and permitted substances under subparagraphs 4, 5, 5-2, 6, and 7 of Article 2 of the Act on the Promotion of Environment-Friendly Agriculture and Fisheries and the Management of and Support for Organic Foods; |
| (2) | Notwithstanding paragraph (1), Articles 4 through 23 (excluding Article 6 (3) 1 through 5, Articles 13, 16, 19, and 20), 23-2, 23-3, 26, and 39 through 50 (excluding Articles 49 (1) 7 and 8, and 50 (1) 6), 52, 54 through 64 (excluding subparagraphs 8 through 13 of Article 54, subparagraphs 4 and 5 of Article 58, subparagraphs 7 through 9 and 11 of Article 59, subparagraph 4 of Article 61, Article 64 (1) 5 through 9 and (2) 4) shall apply to chemical substances falling under paragraph (1) 13. <Amended on Dec. 27, 2016; Nov. 28, 2017; Mar. 31, 2020> |
| (3) | Except as otherwise provided in relevant Acts, notwithstanding paragraph (1), this Act shall apply to the control of chemical substances and response to chemical accidents under the provisions of paragraph (1) 2 through 15. <Amended on May 18, 2021; Feb. 6, 2024> |
| Article 4 (Duties of the State and Local Governments) |
| (1) | The State and local governments shall at all times have good knowledge of the effect of hazard and risk of chemical substances on people's health and the environment, and formulate and implement measures necessary to prevent risks posed by chemical substances to people's health and the environment. |
| (2) | The State and local governments shall devise plans for the measurement of pollution levels, investigation and research, technological development, training of professionals, education and public relations for managing chemical substances, and provide administrative, technical, and financial support necessary for safely managing chemical substances. <Amended on Jan. 27, 2016> |
| (3) | The State may contribute or subsidize all or part of costs incurred by persons who perform any of the following projects in order to promote technological development related to the safety management of chemical substances, and train professionals for each field: |
| 1. | Technology for measuring and analyzing pollution levels of chemical substances; |
| 2. | Technology for safely managing chemical handling facilities; |
| 3. | Technology for investigating and analyzing the impact of chemical substances; |
| 4. | Technology for minimizing and eliminating damage caused by chemical substances, and recovering from such damage. |
| (4) | For safely managing chemical substances of small and medium enterprises, the Minister of Environment may formulate and implement measures to provide administrative, technical, and financial support for the following matters, following consultation with the heads of relevant central administrative agencies: <Newly Inserted on Jan. 27, 2016; Mar. 31, 2020> |
| 1. | Preparing a plan for the prevention and management of chemical accidents under Article 23; |
| 2. | Installing, conducting safety inspection of, and improving hazardous chemical substance handling facilities under Articles 24 and 25; |
| 3. | Other matters prescribed by Presidential Decree for safely managing chemical substances of small and medium enterprises. |
| Article 5 (Duties of Chemical Handlers) |
| (1) | A person who handles chemical substances shall take necessary measures, such as maintaining appropriate facilities and equipment, education of employees, technological development, and exchange of information, to prevent risks posed by chemical substances to people's health and the environment, and participate and cooperate in national policies for the proper management of chemical substances. |
| (2) | A person who handles chemical substances shall be responsible for the safety management of the relevant chemical substances. |
| Article 6 (Master Plans for Control of Chemical Substances) |
| (1) | The Minister of Environment shall formulate a master plan for the control of chemical substances (hereinafter referred to as "master plan") every five years for the efficient control of chemical substances that present hazard or risk. |
| (2) | Where the Minister of Environment formulates a master plan, he or she shall consult with the heads of relevant central administrative agencies in advance and go through deliberations by the chemical substances Control Committee under Article 7: Provided, That the foregoing shall also apply to cases where he or she intends to modify the master plan. |
| (3) | A master plan shall contain the following: |
| 1. | Objectives of a policy for the control of chemical substances and strategies to achieve them; |
| 2. | Major measures to be pursued and an implementation plan for the control of chemical substances; |
| 3. | Current status of the control of chemical substances and future prospects; |
| 4. | Measures to raise funds to cover expenses incurred in conducting various projects for the control of chemical substances; |
| 5. | Plans for cooperation with organizations, international organizations, etc. related to the control of chemical substances; |
| 6. | Training and education in preparation for chemical accidents; |
| 7. | Roles of each agency and cooperation system concerning response to chemical accidents and subsequent measures; |
| 8. | Methods of mobilizing resources, human resources, equipment, etc. necessary to respond to chemical accidents and take subsequent measures; |
| 9. | Other matters necessary to control chemical substances and respond to chemical accidents. |
| (4) | Where the Minister of Environment formulates a master plan, he or she shall notify the heads of relevant central administrative agencies and local government of the details thereof without delay. |
| (5) | The heads of relevant central administrative agencies and local government shall formulate and implement policies and measures within their authority in accordance with the master plan. |
| Article 7 (Chemical Substances Control Committee) |
| (1) | The Chemical Substances Control Committee (hereinafter referred to as the "Control Committee") shall be established under the jurisdiction of the Minister of Environment to deliberate on important matters relating to the control of chemical substances, such as the formulation of a master plan. |
| (2) | The Control Committee shall be comprised of not more than 30 members including one chairperson and one vice chairperson. |
| (3) | The chairperson of the Control Committee shall be designated by the Minister of Environment from among public officials belonging to the Senior Executive Service of the Ministry of Environment in charge of affairs concerning the control of chemical substances, and the vice chairperson shall be appointed or commissioned by the chairperson from among its members. |
| (4) | The members of the Control Committee shall be appointed or commissioned by the Minister of Environment from among experts who have extensive knowledge and experience in related fields, such as chemistry, environment, and health, representatives of the industry related to chemical substances and public officials in charge of affairs in the relevant fields. |
| (5) | Meetings of the Control Committee shall be convoked with a majority of incumbent members present and resolutions shall be passed upon the affirmative vote of a majority of those present. |
| (6) | Where professional research and review is necessary in regard of matters to be deliberated by the Control Committee, the Control Committee may establish expert committees for each field which are comprised of members of the Control Committee and experts in the relevant fields. |
| (7) | Other matters necessary for the organization, operation, etc. of the Control Committee and expert committees for each field shall be prescribed by Presidential Decree. |
| Article 7-2 (Enactment of Municipal Ordinance on Management of Chemical Substances) |
A local government may prescribe the following matters as its municipal ordinance to efficiently manage chemical substances handled in its jurisdictional area and to prepare for and respond to accidents occurring due to chemical substances: <Amended on Nov. 28, 2017>
| 1. | Formulating and implementing plans or policies to safely manage chemical substances and prepare for and respond to chemical accidents; |
| 2. | Composing and operating a committee to deliberate and counsel on important matters concerning management of chemical substances; |
| 3. | Providing information related to chemical substances; |
| 4. | Providing administrative and financial assistance necessary to safely manage chemical substances; |
| 5. | Verifying and supporting the formulation and implementation of a chemical release reduction plan at places of business; |
| 6. | Other matters necessary to safely manage chemical substances, and to prepare for and respond to chemical accidents. |
[This Article Newly Inserted on May 29, 2016]
| Article 8 (Consultations on Major Policies) |
Where the head of a central administrative agency intends to formulate and implement policies or plans prescribed by Presidential Decree among policies or plans directly related to the control of chemical substances, he or she shall consult with the Minister of Environment in advance.
CHAPTER II STATISTICAL SURVEYS OF AND DISCLOSURE OF INFORMATION ON CHEMICAL SUBSTANCES
| Article 9 (Verification of Chemical Substances) |
| (1) | A person who intends to manufacture or import a chemical (where a person entrusts the import of a chemical to an import agent, referring to the import agent; hereinafter the same shall apply) shall verify whether the relevant chemical substances or any ingredient thereof falls under any of the following, as prescribed by Ordinance of the Ministry of Environment (hereinafter referred to as "verification of chemical substances") and submit the details thereof to the Minister of Environment: <Amended on Feb. 6, 2024> |
| 1. | Existing chemical substances under subparagraph 3 of Article 2 of the Act on Registration, Evaluation, etc. of Chemical Substances; |
| 2. | Phase-in substances under subparagraph 4 of Article 2 of the Act on Registration, Evaluation, etc. of Chemical Substances; |
| 3. | Substances acutely hazardous to human health; |
| 3-2. | Substances chronically hazardous to human health; |
| 3-3. | Substances hazardous to the environment; |
| 4. | Substances subject to permission; |
| 5. | Restricted substances; |
| 6. | Prohibited substances; |
| 7. | Substances requiring preparation for accidents. |
| (2) | Notwithstanding paragraph (1), the provision of paragraph (1) shall not apply to chemical substances that meet the standards prescribed and publicly notified by the Minister of Environment, such as cases where chemical substances contained in a product that performs a certain function in a solid state are not released during use of the product. <Amended on May 26, 2020> |
| (3) | Where a person who intends to manufacture or import chemical substances pursuant to paragraph (1) deems it necessary to verify the chemical substances, he or she may request the Minister of Environment to certify whether the relevant chemical substances or any ingredient thereof falls under any of the subparagraphs of paragraph (1), along with data prescribed by Ordinance of the Ministry of Environment. |
| Article 10 (Statistical Surveys on chemical substances and Establishment and Operation of Information System) |
| (1) | The Minister of Environment shall conduct statistical surveys on the current status of handling related to the handling of chemical substances, handling facilities, etc. (hereinafter referred to as "statistical surveys on chemical substances") every two years. In such cases, the relevant provisions of Statistics Act shall apply mutatis mutandis to collecting and preparing statistics. |
| (2) | The Minister of Environment shall conduct offsite or onsite surveys, or establish and operate an information system for the efficient establishment and implementation of statistical surveys on chemical substances. |
| (3) | Where necessary for statistical surveys on chemical substances and the establishment and operation of an information system under paragraph (2), the Minister of Environment may request the heads of relevant central administrative agencies, local government, public institutions (referring to public institutions under Article 4 of the Act on the Management of Public Institutions), relevant institutions, organizations, etc. to provide necessary data and information. In such cases, a person requested to provide data and information shall comply with the request unless there is a compelling reason not to do so. |
| (4) | The Minister of Environment may require persons who handle chemical substances to submit data necessary for statistical surveys on chemical substances, or require relevant public officials to have access to the relevant place of business, etc. and inspect the current status related to chemical substances. In such cases, any public official who has access to the place of business, etc. and conducts inspection on the current status shall carry a certification indicating his or her authority and show it to interested persons. |
| (5) | Matters necessary for chemical substances subject to, details, methods of, and procedures for statistical surveys of chemical substances shall be prescribed by Ordinance of the Ministry of Environment. |
| Article 11 (Pollutant Release and Transfer Registers) |
| (1) | The Minister of Environment shall implement surveys for the pollutant release and transfer registers to track chemical releases from the process of handling the relevant chemical substances at the places of business which handle chemical substances prescribed by Presidential Decree (hereinafter referred to as "pollutant release and transfer registers") in order to protect people's health and the environment from chemical releases and encourage the places of business to voluntarily reduce them. |
| (2) | Where the Minister of Environment implements surveys for the pollutant release and transfer registers, he or she may require persons who handle chemical substances to submit necessary data or require relevant public officials to enter the relevant places of business and investigate the volume of the relevant chemical releases. <Amended on May 26, 2020> |
| (3) | Where the Minister of Environment intends to implement surveys for the pollutant release and transfer registers, he or she may request the heads of relevant central administrative agencies, local governments, public institutions (referring to public institutions under Article 4 of the Act on the Management of Public Institutions), relevant institutions, organizations, etc. to submit the results of surveys conducted by each agency or institution and necessary data. |
| (4) | Any public official who enter the place of business and collect data for the pollutant release and transfer registers pursuant to paragraph (2) shall carry a certification indicating his or her authority and show it to interested persons. |
| (5) | Matters necessary for subjects, details, methods and procedures necessary to conduct surveys for the pollutant release and transfer registers shall be prescribed by Ordinance of the Ministry of Environment. |
| Article 11-2 (Preparation and Submission of Chemical Release Reduction Plan) |
| (1) | A place of business prescribed by Ordinance of the Ministry of Environment, such as those releasing highly hazardous chemical substances in excess of a predetermined amount per year, among the places of business subject to pollutant release and transfer registers referred to in Article 11 (1), shall prepare a chemical release reduction plan (hereinafter referred to as "release reduction plans") every five years and submit it to the Minister of Environment. |
| (2) | Upon receiving a release reduction plan, the Minister of Environment shall review it and notify the relevant submitter as to whether it is appropriate, as prescribed by Ordinance of the Ministry of Environment. |
| (3) | After reviewing the submitted release reduction plan, where it is necessary, the Minister of Environment may request that the submitter amend or supplement the plan. In such cases, the submitter shall comply with such request for amendment or supplementation, except in any extenuating circumstance. |
| (4) | Among the persons who have prepared and submitted a release reduction plan, any person who intends to protect a part of the plan as a corporate trade secret may request non-disclosure thereof. |
| (5) | The Minister of Environment shall provide the submitted release reduction plan to the head of a local government having jurisdiction over the location of the relevant business place, as prescribed by Ordinance of the Ministry of Environment; the head of the local government may disclose such release reduction plan, as prescribed by Ordinance of the Ministry of Environment: Provided, That in cases of receiving a request for non-disclosure referred to in paragraph (4), the Minister of Environment shall provide the release reduction plan excluding the relevant part if he or she deems it necessary not to disclose such part for being related to the trade secrets of the corporation. |
| (6) | The Minister of Environment or the head of a local government may order a person who has prepared and submitted the release reduction plan to submit necessary data or require a relevant public official to visit the relevant place of business to inspect its current status related to release reduction. In such cases, the public official who visits and inspects the place of business shall carry a certificate indicating his or her authority and present it to the relevant persons. |
| (7) | The Minister of Environment and the head of the local government having jurisdiction over the location of the place of business may provide technical, administrative and financial support for the implementation of its release reduction plan. |
| (8) | The contents and timing of submission of a release reduction plan; the scope and procedures for applying for protection of trade secrets in relation to the disclosure of a release reduction plan; the standards and procedures for deliberating on trade secrets, etc. shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Nov. 28, 2017]
| Article 12 (Disclosure of Results of Surveys of Chemical Substances and Information) |
| (1) | Where the Minister of Environment completes statistical surveys on chemical substances and surveys for the pollutant release and transfer registers, he or she shall disclose, without delay, the results thereof for each place of business: Provided, That the foregoing shall not apply where the result thereof fall under any of the following: |
| 1. | Where the disclosure of the results of such survey is deemed to cause serious interference with national security, maintenance of order, or public welfare; |
| 2. | Where the results of such survey are deemed to cause confusion in the use thereof due to low reliability; |
| 3. | Where it is deemed necessary not to disclose some of the results of such survey because it is related to trade secrets of businesses. |
| (2) | Where a person who handles chemical substances violates any provision of this Act or fails to comply with an order issued by the Minister of Environment, the Minister of Environment may disclose the name, address and occupation of the person who handles the relevant chemical substances, information about the volume of chemical substances handled and handling facilities, a violation of any other statutes, etc. (hereinafter referred to as "information about the handling of chemical substances"): Provided, That the foregoing shall not apply where such grounds as prescribed by Presidential Decree exist, including where an administrative appeal or administrative lawsuit is pending in relation to the violation. <Amended on Nov. 28, 2017> |
| (3) | Where a person subject to disclosure of information prescribed in paragraph (1) or (2) wishes not to disclose the results of a survey referred to in paragraph (1) or information about the handling of chemical substances referred to in paragraph (2), he or she may request that the Minister of Environment deliberate on whether the relevant information needs to disclosed, as prescribed by Ordinance of the Ministry of Environment. In such cases, it shall be deemed that a request for protection of data prescribed in the main clause of Article 52 (1) has been made. <Newly Inserted on Nov. 28, 2017> |
| (4) | The Deliberative Committee on Disclosure of Information on chemical substances shall be established in the Control Committee in order to deliberate on whether to disclose information on the handling of chemical substances under paragraphs (1) and (3). <Amended on Nov. 28, 2017> |
| (5) | The Minister of Environment shall give persons subject to disclosure of information on the handling of chemical substances following deliberations by the Deliberative Committee on Disclosure of Information on chemical substances opportunities to make explanations by giving notice to them in writing. <Amended on Nov. 28, 2017> |
| (6) | Disclosure under paragraphs (1) and (2) shall be made by posting the relevant information on the Official Gazette or website. <Amended on Nov. 28, 2017> |
| (7) | Matters necessary for criteria relating to disclosure of the results of surveys and information, procedures for disclosure, the organization and operation of the Deliberative Committee on Disclosure of Information on chemical substances under paragraphs (1) through (5) shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Nov. 28, 2017> |
CHAPTER III SAFETY MANAGEMENT OF HAZARDOUS CHEMICAL SUBSTANCES
SECTION 1 Criteria for Handling Hazardous Chemical Substances
| Article 13 (Criteria for Handling Hazardous Chemical Substances) |
Where a person handles hazardous chemical substances, he or she shall meet each of the following criteria for handling hazardous chemical substances: <Amended on Mar. 31, 2020; May 26, 2020; Feb. 6, 2024>
| 1. | He or she shall appropriately maintain and manage hazardous chemical substance handling facility to assure its proper performance; |
| 2. | He or she shall devise preventive measures to avoid an accident in the process of handling hazardous chemical substances, and have emergency services equipment and medicines ready so that emergency measures can be taken if a chemical accident occurs; |
| 3. | In cases of keeping or storing a hazardous chemical, he or she shall not keep or store it mixed with other types of hazardous chemical substances; |
| 3-2. | He or she shall manage containers containing hazardous chemical substances to ensure that such containers can continue to perform their original functions; |
| 4. | In cases of loading or unloading hazardous chemical substances into or from a vehicle or moving hazardous chemical substances to another hazardous chemical handling facility, he or she shall have a hazardous chemical substances supervisor under Article 32 or a person who is designated by the representative of a place of business that installs and operates a hazardous chemical substance handling facility and has received safety education on hazardous chemical substances under Article 33 (1) engage in such activity, in addition to the relevant person who transports or works with the hazardous chemical substances; |
| 5. | A person who transports hazardous chemical substances shall be hazardous chemical substances supervisor under Article 32 or a person who has received safety education on hazardous chemical substances under Article 33 (1); |
| 6. | Other matters prescribed by Ordinance of the Ministry of Environment as deemed necessary for the safety management of hazardous chemical substances, which are corresponding to the provisions under subparagraphs 1 through 5. |
| Article 14 (Handlers' Wearing of Personal Protective Gear) |
| (1) | Where a person who handles hazardous chemical substances falls under any of the following, he or she shall wear personal protective gear suitable for handling hazardous chemical substances: <Amended on Aug. 17, 2021> |
| 1. | Where he or she handles hazardous chemical substances in gaseous form; |
| 2. | Where vapor is likely to be produced from hazardous chemical substances in liquid form; |
| 3. | Where dust, particles, etc. are likely to remain in or be scattered from hazardous chemical substances in solid form; |
| 4. | Any other cases prescribed by Ordinance of the Ministry of Environment. |
| (2) | Specific types of and standards for personal protective gear under paragraph (1) shall be publicly notified by the Minister of Environment, depending on the characteristics of the relevant hazardous chemical substances. |
| Article 15 (Restrictions on Quantity of Hazardous Chemical Substances Displayed or Stored) |
| (1) | Where a person who handles hazardous chemical substances intends to display or store hazardous chemical substances in excess of a certain quantity prescribed by Ordinance of the Ministry of Environment, he or she shall prepare a plan for display or storage and be confirmed by the Minister of Environment in advance. |
| (2) | Notwithstanding the provisions of paragraph (1), where a person who handles hazardous chemical substances fails to have hazardous chemical substances keeping or storage facility, he or she shall not display or store hazardous chemical substances. |
| (3) | Where a person who transports hazardous chemical substances intends to transport hazardous chemical substances in excess of a certain quantity prescribed by Ordinance of the Ministry of Environment at a time, he or she shall prepare a transport plan including the transporter of the relevant hazardous chemical substances, timing for transport, the course of transport, the route, etc. in advance and submit the plan to the Minister of Environment. |
| (4) | Detailed matters necessary for methods of preparing a plan, notification of confirmation, etc. under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Environment. |
| Article 16 (Labeling, etc. of Hazardous Chemical Substances) |
| (1) | A person who handles hazardous chemical substances shall affix a label about the hazardous chemical substances, which includes each of the matters stipulated by the following paragraphs, on the container or package of the relevant hazardous chemical substances: The foregoing shall also apply where he or she intends to sell a manufactured or imported hazardous chemical substances by dividing it into small quantities: |
| 1. | Name: Information on the name of the hazardous chemical substances or the name of a product; |
| 2. | Pictogram: A picture that depicts the details of hazard; |
| 3. | Signal word: A word or phrase depicting a danger or warning depending on the degree of hazard; |
| 4. | Words or phrases of hazard or danger: A word or phrase informing hazard; |
| 5. | Word or phrase of preventive measures: A word or phrase depicting measures to be taken to prevent or minimize hazard arising from inappropriate storage or handling; |
| 6. | Supplier information: Information on the name (in cases of a corporation, referring to its corporate name), telephone number, domicile, etc. of a manufacturer or supplier; |
| 7. | Globally Harmonized System of Classification and Labeling of chemical substances developed by the United Nations: chemical substances classification numbers designated by the United Nations as an international approach to enable safe transport of hazardous chemical substances and products. |
| (2) | A person who handles hazardous chemical substances shall affix a label indicating the hazardous chemical substances under paragraph (1) to a facility and site where he or she handles the hazardous chemical substances, a place where he or she keeps, stores, or displays the hazardous chemical substances, and motor vehicles transporting the hazardous chemical substances. |
| (3) | Where the Minister of Environment deems it necessary for the safety management of chemical substances other than hazardous chemical substances, he or she may recommend a person who handles such chemical substances affix an appropriate label to each chemical substances. |
| (4) | Matters necessary for hazardous chemical substances subject to the labeling requirements, indication methods, etc. shall be prescribed by Ordinance of the Ministry of Environment. |
| Article 16-2 (Special Cases concerning Consumers) |
Notwithstanding Articles 13 through 16, the criteria and obligations under Articles 13 through 16 need not be fully or partially applied as prescribed by Presidential Decree, in cases prescribed by Presidential Decree, such as where a consumer defined in subparagraph 1 of Article 2 of the Framework Act on Consumers uses a hazardous chemical substance for the purpose of consumption. [This Article Newly Inserted on Feb. 6, 2024]
| Article 17 (Suspension of Manufacture and Import of Hazardous Chemical Substances) |
| (1) | Where the Minister of Environment deems that hazardous chemical substances, substances subject to permission, restricted substances, or prohibited substances (hereinafter referred to as "hazardous chemical substances, etc.") pose or are likely to pose a serious risk to human health or the environment, he or she may order the suspension of the manufacture, import, sale, keeping, storage, transport, or use of the hazardous chemical substances, etc. <Amended on Feb. 6, 2024> |
| (2) | Where the Minister of Environment orders the suspension of the manufacture, import, etc. of hazardous chemical substances, etc. pursuant to paragraph (1), he or she shall hear opinions of interested parties. <Amended on Feb. 6, 2024> |
| (3) | Where a business entity suspends the manufacture, import, etc. of hazardous chemical substances, etc. pursuant to paragraphs (1) and (2), the Minister of Environment shall give a notice thereof to the heads of the relevant administrative agencies as well as a public notice thereof. <Amended on Feb. 6, 2024> |
| (4) | Where a business entity has an objection to a suspension order under paragraph (1), he or she may request the Minister of Environment to cancel all or part of the relevant suspension, as prescribed by Presidential Decree. |
| (5) | Where the Minister of Environment deems that hazardous chemical substances, etc. whose manufacture, import, etc. were suspended pursuant to paragraph (1) are unlikely to pose a risk to human health or the environment, he or she shall cancel all or part of the relevant suspension without delay. <Amended on Feb. 6, 2024> |
[Title Amended on Feb. 6, 2024]
| Article 18 (Prohibition on Handling of Prohibited Substances and Restriction on Handling of Restricted Substances) |
| (1) | No person shall handle prohibited substances: Provided, That the foregoing shall not apply where a person who intends to manufacture or import prohibited substances for the purpose of exporting the entire quantity of such substances to a foreign country or intends to manufacture, import, or sell reagents intended for use in experiments, research, or testing which fall under the category of prohibited substances, for their intended purposes obtains permission therefor from the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment. <Amended on Feb. 6, 2024> |
| (2) | No person shall handle restricted substances for any restricted purpose: Provided, That the foregoing shall not apply where a person who intends to manufacture or import restricted substances for the purpose of exporting the entire quantity of such substances to a foreign country obtains permission therefor from the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Jun. 12, 2018; Feb. 6, 2024> |
| (3) | Where a person who has obtained permission under the proviso of paragraph (1) or (2) intends to modify any permitted matter prescribed by Ordinance of the Ministry of Environment, he or she shall obtain permission for modification or file a report on modification, as prescribed by Ordinance of the Ministry of Environment. <Amended on Feb. 6, 2024> |
| (4) | Where the Minister of Environment grants permission pursuant to the proviso of paragraph (1) or (2), he or she may attach thereto conditions necessary for the appropriate control of the relevant prohibited substances or restricted substances, such as submission of a plan for preventive measures against chemical accidents. <Amended on Feb. 6, 2024> |
| (5) | A person who intends to manufacture, import, sell, keep, store, or use restricted substances for any unrestricted purpose shall file a report thereon with the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment: Provided, That the foregoing shall not apply to cases prescribed by Presidential Decree, such as where he or she intends to manufacture, import, sell, keep, store, or use reagents intended for use in experiments, research, or testing which fall under the category of restricted substances, for their intended purposes. <Newly Inserted on Feb. 6, 2024> |
| (6) | Where a person who has filed a report under paragraph (5) intends to modify any reported matters which are prescribed by Ordinance of the Ministry of Environment, he or she shall file a report on modification as prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Feb. 6, 2024> |
[Title Amended on Jun. 12, 2018]
| Article 19 (Permission to Manufacture, Import, or Use Substances Subject to Permission) |
| (1) | A person who intends to manufacture, import, or use substances subject to permission shall obtain permission from the Minister of Environment in advance by submitting the following information: Provided, That the foregoing shall not apply within permission grace period under Article 25 of the Act on Registration, Evaluation, etc. of Chemical Substances: |
| 1. | Name, location, and representative of a person who intends to manufacture, import or use the substances subject to permission; |
| 2. | Information to identify the chemical substances, such as the name, molecular and structural formulas of the chemical substances; |
| 3. | Purposes of the chemical substances; |
| 4. | Risk of the chemical substances; |
| 5. | Analysis of an alternative to the substances subject to permission and the feasibility thereof; |
| 6. | Plan for replacement of the substances subject to permission. |
| (2) | Paragraph (1) shall not apply to any of the following chemical substances: <Amended on May 26, 2020> |
| 1. | Imported chemical substances contained in machinery; |
| 2. | Chemical substances imported with machinery or equipment for a test run; |
| 3. | Chemical substances contained in a product that performs certain functions in a specific solid form, which are not released during use of the product; |
| 4. | Chemical substances manufactured or imported for survey or research purposes, or any other chemical substances prescribed by Presidential Decree. |
| (3) | A person who intends to obtain a permission pursuant to paragraph (1) shall submit an application therefor, as prescribed by Ordinance of the Ministry of Environment: Provided, That persons who intend to manufacture, import, or use the same substances subject to permission may jointly apply for a permission, only when the substances subject to permission have the same purpose. <Amended on May 26, 2020> |
| (4) | The Minister of Environment shall review information submitted pursuant to paragraph (1) within a period prescribed by Ordinance of the Ministry of Environment from the date of the receipt of the application submitted under paragraph (3), determine whether to grant permission in accordance with the following requirements, and notify the applicant of his or her determination: |
| 1. | Where the risk to human health and the environment may be appropriately controlled; |
| 2. | Where socioeconomic benefits obtained from the use of the substances subject to permission exceed the risk to human health and the environment; |
| 3. | Where no appropriate chemical substances or technology that can substitute the substances subject to permission exists. |
| (5) | Where the Minister of Environment notifies permission pursuant to paragraph (4), he or she shall impose conditions, such as the permission number, purposes of the substances subject to permission, and the limit on the period of manufacturing, importing, or using the substances subject to permission. |
| (6) | A person allowed to manufacture, import or use substances subject to permission for a limited period under paragraph (5) shall renew his or her permit within such period, as prescribed by Ordinance of the Ministry of Environment. In such cases, paragraphs (4) and (5) shall apply mutatis mutandis to determination on whether to grant permission, notification, etc. |
| (7) | Notwithstanding paragraph (1), a person prescribed by Presidential Decree, including a person who intends to manufacture or import substances subject to permission for the purpose of exporting the entire quantity of such substances to a foreign country, shall file a report thereon with the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Feb. 6, 2024> |
| (8) | Where a person intends to modify any matter prescribed by Ordinance of the Ministry of Environment among matters permitted pursuant to paragraph (6) or reported pursuant to paragraph (7), he or she shall obtain permission for modification or file a report on modification, as prescribed by Ordinance of the Ministry of Environment. <Amended on Feb. 6, 2024> |
| (9) | Where a person who has obtained a permission falls under any of the following, the Minister of Environment may revoke his or her permit: Provided, That where the person falls under subparagraph 1, he or she shall revoke his or her permission: <Amended on Feb. 6, 2024> |
| 1. | Where the person has obtained permission under paragraph (1) by fraud or other improper means; |
| 2. | Where the person who has obtained permission pursuant to paragraph (1) fails to comply with the conditions under paragraph (5). |
| (10) | Matters necessary for the details of the information under paragraph (1), determination on whether to grant a permission, notification, etc. under paragraph (4) shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Feb. 6, 2024> |
| Article 20 (Reporting on Import of Substances Acutely Hazardous to Human Health) |
| (1) | Deleted. <Feb. 6, 2024> |
| (2) | A person who intends to import substances acutely hazardous to human health, substances chronically hazardous to human health, or substances hazardous to the environment (hereinafter referred to as "substances hazardous to human health, etc.") shall file a report on the types, use, etc. of substances hazardous to human health, etc. with the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment. <Amended on Feb. 6, 2024> |
| (3) | Notwithstanding paragraph (2), the foregoing paragraph shall not apply to cases prescribed by Presidential Decree, such as where a person intends to import reagents intended for use in experiments, research, or testing for their intended purposes. <Newly Inserted on Feb. 6, 2024> |
| (4) | Where a person intends to modify any matters reported pursuant to paragraph (2) which are prescribed by Ordinance of the Ministry of Environment, he or she shall file a report on modification as prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Feb. 6, 2024> |
[Title Amended on Feb. 6, 2024]
| Article 21 (Approval for Export of Restricted Substances or Prohibited Substances) |
| (1) | A person who intends to export restricted substances (limited to uses for which handling is restricted) or prohibited substances shall prepare documents concerning information required to be included in a notification of export under paragraph (2) 4 and obtain approval from the Minister of Environment every year, as prescribed by Ordinance of the Ministry of Environment. The foregoing shall also apply to a change in any important matters prescribed by Ordinance of the Ministry of Environment. <Amended on May 26, 2020> |
| (2) | The Minister of Environment shall publicly notify the following matters in consultation with the Minister of Trade, Industry and Energy: |
| 2. | Matters to be observed by those who export chemical substances pursuant to Article 13 of the Rotterdam Convention; |
| 3. | Chemical substances listed in Annex III to the Rotterdam Convention; |
| 4. | Information that shall be included in a notification of export, as provided for in Annex V to the Rotterdam Convention. |
| (3) | A person who intends to export chemical substances under paragraph (2) 1 and 3 shall comply with the matters to be observed under paragraph (2) 2. |
| Article 22 (Prohibition against Inhalation of Hallucinogenic Substances) |
| (1) | No person shall ingest or inhale chemical substances prescribed by Presidential Decree (hereinafter referred to as "hallucinogenic substances"), which are chemical substances that cause stimulant effects, hallucinations, or anesthesia, or possess hallucinogenic substances for the purpose of ingestion or inhalation. |
| (2) | No person shall knowingly sell or provide hallucinogenic substances to those who intend to ingest or inhale hallucinogenic substances. <Amended on May 26, 2020> |
SECTION 2 Installation and Operation of Hazardous Chemical Substance Handling Facilities
| Article 23 (Preparation and Submission of Plans for Prevention and Management of Chemical Accidents) |
| (1) | A person who intends to install and operate hazardous chemical substance handling facilities shall prepare in advance a plan for the prevention and management of chemical accidents to assess the effects of a chemical accident on the people, environment, etc. around the place of business and to minimize the damage caused by such chemical accident (hereinafter referred to as "plan for the prevention and management of chemical accidents") and submit it to the Minister of Environment: Provided, That the foregoing shall not apply to a person who intends to install and operate any of the following hazardous chemical substance handling facilities: |
| 3. | Hazardous chemical substance handling facilities meeting the standards prescribed by Ordinance of the Ministry of Environment, which have little effect on the people or environment around the place of business if any chemical accident occurs or which require less need to prepare a plan for the prevention and management of chemical accidents in consideration of the types, amounts, etc. of hazardous chemical substances. |
| (2) | The details to be included in a plan for the prevention and management of chemical accidents shall be prescribed by Ordinance of the Ministry of Environment, taking into account the following; in such cases, the details may be otherwise prescribed in consideration of the hazards, amounts, etc. of the hazardous chemical substances to be handled: <Amended on Feb. 6, 2024> |
| 1. | List of and hazard information on the hazardous chemical substances to be handled; |
| 2. | Degree of effects on human health or the neighboring environment, where hazardous chemical substances flow out or leak into the area around the place of business due to the occurrence of a chemical accident; |
| 3. | List of hazardous chemical substance handling facilities and the current status of facilities and equipment for disaster prevention; |
| 4. | Matters concerning process safety information on hazardous chemical substance handling facilities, data on process hazard analysis, procedures for process operation, operation supervisors, the current status of workers, and matters requiring attention; |
| 5. | Plans for education, training, and self-inspection in case of a chemical accident; |
| 6. | An organization in charge of safety management, such as an emergency communication system and a person who has the authority to stop operation in case of a chemical accident; |
| 7. | Outflow or leakage scenarios and plans for emergency measures in case of a chemical accident; |
| 8. | Verification of residents, structures, crops, environmental media, etc. within the zone that could be affected in case of a chemical accident; |
| 9. | Plans for dispersing residents in case of a chemical accident; |
| 10. | Action plans for minimizing, eliminating, and recovering from damage caused by a chemical accident; |
| 11. | Other matters concerning the safety management of hazardous chemical substances. |
| (3) | Where a person who has submitted a plan for the prevention and management of chemical accidents under paragraph (1) falls under any of the following cases, he or she shall submit a revised plan for the prevention and management of chemical accidents to the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment: |
| 1. | Where the amounts of hazardous chemical substances handled or the capacities of handling facilities increase or any hazardous chemical substance handling facility is newly installed; |
| 2. | Where any significant matter prescribed by Ordinance of the Ministry of Environment is changed, such as the items, concentrations, and properties of hazardous chemical substances or the locations of handling facilities; |
| 3. | Where the head of the local government having jurisdiction over the location of the place of business requests the supplementation of a plan for dispersing residents under paragraph (2) 9 and the Minister of Environment recognizes the need for such supplementation to notify the person who has submitted such plan of submission of a revised plan. |
| (4) | A person who installs and operates hazardous chemical substance handling facilities that meet or exceed the standards prescribed by Ordinance of the Ministry of Environment in consideration of the hazards of the hazardous chemical substances that he or she handles, the amounts thereof, etc. (hereinafter referred to as "major handling facilities") shall, every five years, prepare a plan for the prevention and management of chemical accidents and submit it to the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment. |
| (5) | The Minister of Environment shall review a plan for the prevention and management of chemical accidents submitted under paragraph (1), (3), or (4) (including a revised plan for the prevention and management of chemical accidents), as prescribed by Ordinance of the Ministry of Environment, and shall notify the person who has submitted such plan of the risk that the relevant hazardous chemical substance handling facilities pose and of whether the facilities are adequate. In such cases, a person notified that hazardous chemical substance handling facilities are adequate shall keep a plan for the prevention and management of chemical accidents in the place of business. |
| (6) | When the Minister of Environment determines whether hazardous chemical substance handling facilities are adequate under paragraph (5), he or she may conduct an on-site investigation into facilities prescribed by Ordinance of the Ministry of Environment in consideration of the accident risk of such handling facilities, etc. In such cases, a person who has submitted a plan for the prevention and management of chemical accidents with regard to hazardous chemical substance handling facilities shall faithfully cooperate in an on-site investigation. |
| (7) | Where the Minister of Environment reviews a plan for the prevention and management of chemical accidents under paragraphs (5) and (6) and finds it necessary to amend and supplement such plan, he or she may request a person who has submitted the plan to amend or supplement it. In such cases, the person in receipt of such request shall submit a plan for the prevention and management of chemical accidents that is amended or supplemented, except in any extenuating circumstance. |
| (8) | Where deemed necessary for review under paragraph (5), the Minister of Environment may request the head of the relevant local government to conduct consultations. In such cases, the head of the local government in receipt of a request for consultations shall review a plan for the prevention and management of chemical accidents and notify his or her opinion on the review of such plan to the Minister of Environment. |
| (9) | Matters necessary for the details and methods of preparing plans for the prevention and management of chemical accidents, the timing and methods of submitting such plans, on-site investigations, etc. shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Wholly Amended on Mar. 31, 2020]
| Article 23-2 (Implementation of Plans for Prevention and Management of Chemical Accidents) |
| (1) | A person who submits a plan for the prevention and management of chemical accidents to install and operate a hazardous chemical handling facility pursuant to Article 23 shall faithfully implement such plan. |
| (2) | The Minister of Environment shall regularly inspect major handling facilities to ascertain whether a plan for the prevention and management of chemical accidents is implemented. |
| (3) | Where an inspection conducted under paragraph (2) suggests that it is deemed necessary to improve or supplement major handling facilities, the Minister of Environment may order a person who installs and operates such major handling facilities to take corrective measures or any other necessary measure. |
| (4) | Matters necessary for methods and frequencies of inspections conducted under paragraph (2), measures taken under paragraph (3), and other necessary matters shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Wholly Amended on Mar. 31, 2020]
| Article 23-3 (Notification of Plans for Prevention and Management of Chemical Accidents to Local Communities) |
| (1) | A person who intends to install and operate major handling facilities and is notified that such facilities are adequate pursuant to Article 23 (5) shall clearly specify the following information and give notification of such information to the local residents in the vicinity of the place of business. In such cases, notification shall be given at least once every year using any method prescribed in paragraph (2), and where any of the notified matters is changed, notification of such changed matter shall be given within one month from the date the reason for such change occurs: |
| 1. | Hazard information on, and chemical accident risk of, hazardous chemical substances that he or she handles; |
| 2. | Range of the impact on air, water quality, groundwater, soil, the natural environment, etc., if a chemical accident occurs; |
| 3. | Instructions on actions, such as methods of transmitting early warning and evacuation of residents, if a chemical accident occurs. |
| (2) | Notification under paragraph (1) shall be given by registering information specified in the subparagraphs of the same paragraph in the comprehensive chemical information system under Article 48 (1). In such cases, at least one of such methods as written notice, individual explanations, collective communications shall be used with such registration. |
| (3) | The head of a local government may provide necessary support so that the notification under paragraph (1) can be given in a smooth manner. |
| (4) | A person required to give notification to local residents under paragraph (1) shall individually notify local residents of the information specified in the subparagraphs of paragraph (1), in addition to giving notification under paragraph (2), where they make any request therefor. |
| (5) | Matters necessary for giving notification of a plan for the prevention and management of chemical accidents to local communities under paragraphs (1) through (4) shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Wholly Amended on Mar. 31, 2020]
| Article 23-4 (Formulation of Plans for Responding to Local Chemical Accidents) |
| (1) | The head of a local government shall formulate a plan including the following to prepare for a chemical accident that occurs in the area under his or her jurisdiction (hereinafter referred to as "plan for responding to local chemical accidents"): |
| 1. | Matters concerning evacuation of residents in case of a chemical accident; |
| 2. | Matters concerning recovery and support related to chemical accidents, such as provision of emergency relief supplies and emergency medical services; |
| 3. | Other matters prescribed by Ordinance of the Ministry of Environment to formulate a proper plan. |
| (2) | Where the head of a local government formulates a plan for responding to local chemical accidents for the area under his or her jurisdiction or the head of an agency relevant to responding to chemical accidents, such as the head of the competent fire agency, prepares for and responds to chemical accidents, the Minister of Environment may provide the head of a local government, etc. with related data to the necessary extent. In such cases, the head of a local government, etc. provided with data shall not disclose such data unless he or she complies with the procedures for information disclosure under the Official Information Disclosure Act and any other statutes. |
| (3) | Matters necessary for the formulation of plans for responding to local chemical accidents, the extent of data to be provided and procedures for providing such data under paragraph (2), and other matters shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Wholly Amended on Mar. 31, 2020]
| Article 24 (Criteria for Layout, Installation, and Management of Handling Facilities) |
| (1) | Hazardous chemical substance handling facility shall be installed and operated in accordance with the standards for arrangement, installation and management, etc. as prescribed by Ordinance of the Ministry of Environment. |
| (2) | A person who completes installation of hazardous chemical substance handling facility shall undergo an inspection of installation by an inspection agency prescribed by Ordinance of the Ministry of Environment, and such agency conducting the inspection shall submit the results thereof to the Minister of Environment without delay, upon completing the inspection. <Amended on Feb. 6, 2024> |
| (3) | A person who installs and operates a hazardous chemical substance handling facilities shall have each handling facility undergo regular or occasional inspections by an inspection agency under paragraph (2) in each period prescribed by Ordinance of the Ministry of Environment and such agency conducting the inspections shall submit the results thereof to the Minister of Environment without delay upon completing the inspections: Provided, That where such facilities are determined appropriate as a result of a safety inspection under paragraph (5), a regular inspection may be exempted for a period prescribed by Ordinance of the Ministry of Environment. <Amended on Mar. 31, 2020; Feb. 6, 2024> |
| (4) | Notwithstanding the main clause of paragraphs (2) and (3), a person who installs and operates any of the following hazardous chemical substance handling facilities shall be exempted from the following relevant inspections: <Newly Inserted on Mar. 31, 2020; Feb. 6, 2024> |
| 3. | Handling facilities that handle hazardous chemicals classified only as substance chronically hazardous to human health: Regular inspections; |
| 4. | Handling facilities that handle hazardous chemicals below the standards prescribed by Ordinance of the Ministry of Environment, taking into account their hazards and quantity handled, etc.: Inspections of installation and regular inspections; |
| 5. | Other handling facilities determined and publicly notified by the Minister of Environment, such as handling facilities for which hazardous chemical substances are embedded into machinery and therefore do not pose any danger of spillage, leakage, etc.: Inspections of installation as well as regular and occasional inspections. |
| (5) | Where a person who has completed the installation of hazardous chemical substance handling facility or who installs and operates such facility falls under any of the following, he or she shall have the facility undergo a safety inspection to verify the safety conditions of the facility at an inspection agency under paragraph (2) and such agency conducting the inspection shall submit to the Minister of Environment a safety inspection report without delay upon completing the inspection: <Amended on Mar. 31, 2020; May 26, 2020; Feb. 6, 2024> |
| 1. | Where safety risk is deemed to exist due to subsidence, cracks, corrosion, etc. of the structure or equipment of the hazardous chemical substance handling facility according to the result of inspection under paragraph (2) or (3); |
| 2. | Where the period prescribed by Ordinance of the Ministry of Environment for each hazardous chemical substance handling facility (excluding facilities prescribed by Ordinance of the Ministry of Environment, such as handling facilities specified in the subparagraphs of paragraph (4)) has elapsed since installation of the relevant facility. |
| (6) | No hazardous chemical substance handling facility determined inappropriate according to an inspection under paragraphs (2) and (3) or safety inspection under paragraph (5) shall be used: Provided, That the foregoing shall not apply in any of the following cases: <Amended on Mar. 31, 2020; Feb. 6, 2024> |
| 1. | Where the facility is used for inspection or safety inspection; |
| 2. | Where the facility is used while an improvement order issued under Article 25 (1) is complied with. |
| (6) | Matters necessary for procedures and standards for inspection and standards for management of inspection agencies under paragraphs (2) and (3), and detailed methods, etc. of safety inspection under paragraph (5) shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Mar. 31, 2020> |
| Article 25 (Orders to Improve Handling Facilities) |
| (1) | Where hazardous chemical substance handling facility falls under any of the following cases, the Minister of Environment may order a person who installs and operates the relevant facility to improve the facility within a fixed period, as prescribed by Ordinance of the Ministry of Environment: <Amended on Mar. 31, 2020; Feb. 6, 2024> |
| 1. | Where the standards for the arrangement, installation, and management of the hazardous chemical substances are not in conformity with any of the standards under Article 24 (1); |
| 2. | Where the facility fails to undergo an inspection under Article 24 (2) and (3) or a safety inspection under paragraph (5) of that Article or is determined inappropriate as a result of such inspection or safety inspection. |
| (2) | Where a person who is ordered to improve a hazardous chemical substance handling facility under paragraph (1) fails to make improvements within the period, or the Minister of Environment deems that it is impossible for him or her to make improvements, he or she may order the person to stop the operation of the relevant facility. |
| Article 26 (Self-Inspection of Handling Facilities) |
| (1) | A person who installs and operates a hazardous chemical substance handling facility (including a person who has stopped the operation of the facility or is subject to suspension of business) shall conduct regular inspections of the relevant hazardous chemical substance handling facility, equipment, etc. at least weekly, and record and keep the results thereof for five years, as prescribed by Ordinance of the Ministry of Environment. |
| (2) | Details of an inspection under paragraph (1) shall be as follows: |
| 1. | Whether hazardous chemical substances flow out or leaks out due to corrosion, etc. of relevant equipment, such as transport pipelines, joints, and valves; |
| 2. | Whether hazardous chemical substances in solid form are stored in sealed containers; |
| 3. | Whether hazardous chemical substances in liquid or gaseous form are stored completely sealed; |
| 4. | Whether any hazardous chemical substances storage container is damaged, corroded or cracked; |
| 5. | Whether hazardous chemical substances transport equipment, such as a tank lorry or trailer, is corroded, damaged, or deteriorated; |
| 6. | Whether the safety of the hazardous chemical substance handling facility, equipment, etc. prescribed by Ordinance of the Ministry of Environment is maintained. |
CHAPTER IV HAZARDOUS CHEMICAL SUBSTANCE BUSINESS OPERATORS
SECTION 1 Permission for, and Reporting on, Hazardous Chemical Substance Business
| Article 27 (Classification of Hazardous Chemical Substance Business) |
Hazardous chemical substance business shall be classified as follows: <Amended on Feb. 6, 2024>
| 1. | Hazardous chemical manufacturing business: Business of manufacturing hazardous chemical substances for sale; |
| 2. | Hazardous chemical substance sales business: Business of commercially selling hazardous chemical substances; |
| 3. | Hazardous chemical substance keeping or storage business: Businesses of keeping or storing hazardous chemical substances in a certain facility; |
| 4. | Hazardous chemical substance transport business: Business of transporting (excluding transport by air, ship, or train) hazardous chemical substances; |
| 5. | Hazardous chemical substance using business: Business of manufacturing products by using hazardous chemical substances or business of using such substances in the course of cleaning, painting, etc. |
| Article 28 (Permission for Hazardous Chemical Substance Business) |
| (1) | A person prescribed by Ordinance of the Ministry of Environment, such as a person required to submit a plan for the prevention and management of chemical accidents pursuant to Article 23 (1), among perons who intend to conduct hazardous chemical substance business, shall in advance submit an application for permission for each place of business including the following documents, as prescribed by Ordinance of the Ministry of Environment: <Amended on May 29, 2016; Mar. 31, 2020; May 18, 2021; Feb. 6, 2024> |
| 1. | A plan for the prevention and management of chemical accidents found to be in conformity with relevant standards and notified as such in regard of the installation and operation of the hazardous chemical substance handling facility pursuant to Article 23 (5); |
| 2. | An inspection report found to be appropriate in regard of a hazardous chemical substance handling facility pursuant to Article 24 (6); |
| 3. | Deleted. <Mar. 31, 2020> |
| (2) | A person who has submitted an application for permission under paragraph (1) shall obtain permission from the Minister of Environment for each place of business based on the classification of business specified in the subparagraphs of Article 27 after being equipped with handling facilities, equipment, and technical human resources for each hazardous chemical substance in conformity with the standards prescribed by Ordinance of the Ministry of Environment. <Amended on May 18, 2021; Feb. 6, 2024> |
| (3) | A person who has submitted an application for permission under paragraph (1) shall obtain permission from the Minister of Environment within a period prescribed by Ordinance of the Ministry of Environment. In such cases, the Minister may attach conditions necessary for appropriately managing the handling of the relevant hazardous chemical substances. <Amended on Feb. 6, 2024> |
| (4) | Where a person who intends to conduct hazardous chemical substance business files an application for permission after having submitted an application for permission under paragraph (1) and meeting requirements for handling facilities, equipment, technical human resources, etc. under paragraph (2), the Minister of Environment shall grant permission without delay: Provided, That the foregoing shall not apply to a modification to important matters prescribed by Ordinance of the Ministry of Environment. <Amended on Feb. 6, 2024> |
| (5) | Where a person who has obtained permission for hazardous chemical substance business under paragraph (4) intends to make any changes in important matters prescribed by Ordinance of the Ministry of Environment among permitted matters, he or she shall obtain permission for modification, and where he or she intends to make any changes in other matters, he or she shall report any changes to be made. In such cases, procedures to obtain permission for modification or to file a report on modification shall be prescribed by Ordinance of the Ministry of Environment. |
| (6) | A person prescribed by Ordinance of the Ministry of Environment who intends to conduct hazardous chemical substance business, other than a person required to submit an application for permission pursuant to paragraph (1), shall file a report thereon with the Minister of Environment for each place of business, as prescribed by Ordinance of the Ministry of Environment. In such cases, where the person intends to modify any reported matter prescribed by Ordinance of the Ministry of Environment, he or she shall file a report on modification, as prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Feb. 6, 2024> |
| (7) | Upon receipt of a report on modification under the former part of paragraph (5), a report on business under the former part of paragraph (6), or a report on modification under the latter part of that paragraph, the Minister of Environment shall review the details of such report and accept it if it conforms to this Act. <Newly Inserted on Mar. 31, 2020; Feb. 6, 2024> |
| (8) | Where the Minister of Environment grants permission (including permission for modification) or accepts a report (including a report on modification) as prescribed in this Article, he or she shall notify such fact to the head of the fire agency having jurisdiction over the location of hazardous chemical substance handling facility, as prescribed by Ordinance of the Ministry of Environment. <Amended on Mar. 31, 2020; Feb. 6, 2024> |
| (9) | The Minister of Environment shall provide the status of the installation of hazardous chemical substance handling facilities to agencies legally required to respond to chemical accidents, such as fire agencies and local governments, as prescribed by Ordinance of the Ministry of Environment. <Amended on Mar. 31, 2020; Feb. 6, 2024> |
[Title Amended on Feb. 6, 2024]
| Article 28-2 (Mail Order of Hazardous Chemical Substances) |
| (1) | Where any of the following persons offers a mail order service under the Act on the Consumer Protection in Electronic Commerce, he or she shall take procedures for verification of the real name and age of the purchaser and verification of the purchaser himself or herself: |
| 1. | A person who conducts hazardous chemical substance sales business specified in subparagraph 2 of Article 27; |
| 2. | A person who sells reagents intended for use in experiments, research, or testing which fall under the category of hazardous chemical substances referred to in subparagraph 2 of Article 29, for their intended purposes. |
| (2) | Matters necessary for the verification of the real name and age of the purchaser and the verification of the purchaser himself or herself under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Dec. 27, 2016]
| Article 29 (Exemption from Permission for Hazardous Chemical Substance Business) |
Notwithstanding the provisions of Article 28, Article 28 shall not apply to any of the following persons: | 1. | A person who conducts the business of selling, keeping, storing, transporting, or using hazardous chemical substances contained in machinery or equipment; |
| 2. | A person who conducts the business of selling, keeping, storing, transporting, or using reagents intended for use in experiments, research, or testing which fall under the category of hazardous chemical substances, for their intended purposes; |
| 3. | A person who unloads or transports hazardous chemical substances in a certain area, such as within the port or railroad yard; |
| 4. | A person who conducts hazardous chemical substance sales business without installing and operating a hazardous chemical substance handling facility; |
| 5. | A person prescribed by Ordinance of the Ministry of Environment who is deemed to be in conformity with subparagraphs 1 through 4 and therefore is not required to obtain permission for hazardous chemical substance business or to file a report thereon. |
[Title Amended on Feb. 6, 2024]
| Article 29-2 (Duty of Sellers of Hazardous Chemical Substances to Notify) |
| 1. | Reagents for use in experiments, research, or testing shall be used only for their intended use; |
| 2. | The purchaser shall comply with the criteria for handling hazardous chemical substances in handling such substances; |
| 3. | The chemical substances for sale fall under the category of hazardous chemical substances, etc.; |
| 4. | Where the chemical substances are subject to restrictions, etc. on their use, they shall not be handled for such purpose or shall be handled only for such purpose. |
| (2) | Matters necessary for the methods, etc. of notification under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Dec. 27, 2016]
[Title Amended on Feb. 6, 2024]
| Article 29-3 (Reporting on Reagent Sales Business or Hazardous Chemical Substance Sales Business without Handling Facilities) |
| (1) | Notwithstanding Article 29, any of the following persons shall file a report with the Minister of Environment: Provided, that the foregoing shall not apply in cases of handling facilities specified in Article 24 (4) 5. <Amended on Feb. 6, 2024> |
| 1. | A person who sells reagents intended for use in experiments, research, or testing which fall under the category of hazardous chemical substances, for their intended purposes; |
| 2. | A person who conducts hazardous chemical substance sales business without installing and operating a hazardous chemical substance handling facility. |
| (2) | Where a person who has filed a report pursuant to paragraph (1) intends to modify any important matter prescribed by Ordinance of the Ministry of Environment, he or she shall file a report on the relevant modification. |
| (3) | Upon receipt of a report pursuant to paragraph (1) or (2), the Minister of Environment shall verify the details of the report and issue a confirmation of report without delay to the person who has filed the report. |
| (4) | Matters necessary for the reporting, methods and procedures for reporting on modification, and confirmation of report under paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Dec. 27, 2016]
[Title Amended on Feb. 6, 2024]
| Article 30 (Grounds for Disqualification of Hazardous Chemical Substance Business Operators) |
None of the following persons shall conduct hazardous chemical substance business: Provided, That in cases of a person who falls under subparagraph 4, he or she shall be prohibited from conducting the relevant hazardous chemical substance business whose license is revoked: <Amended on May 26, 2020; May 18, 2021>
| 1. | A person who is under adult guardianship or limited guardianship; |
| 2. | A person who was declared bankrupt and has not been reinstated; |
| 3. | A person in whose case two years have not passed since he or she was sentenced to imprisonment or heavier punishment for violating this Act and the execution thereof was completed (including cases where the execution is deemed completed) or the stay of execution was decided; |
| 4. | A person for whom two years have not passed after permission was revoked pursuant to Article 35 (excluding where revocation was revoked as he or she falls under subparagraph 1 or 2 of this Article); |
| 5. | A corporation, any of whose executive officers falls under any of subparagraphs 1 through 3. |
Section 2 Management of Hazardous Chemical Substance Business Operators
| Article 31 (Reporting on Awarding of Contracts for Handling Hazardous Chemical Substances) |
| (1) | Where a person who conducts hazardous chemical substance business (hereinafter referred to as "hazardous chemical substance business operator") after obtaining permission for business or filing a report on business pursuant to Article 28 or 29-3, awards a contract (including a subcontract; hereinafter the same shall apply) for the handling of the relevant hazardous chemical substances, he or she shall report to the Minister of Environment the matters concerning the name of the relevant contractor (including a subcontractor; hereinafter the same shall apply), grounds for awarding a contract, a plan for awarding a contract, a plan for safety management of chemical accidents, etc., as prescribed by Ordinance of the Ministry of Environment. The foregoing shall also apply where any modification is made in significant matters prescribed by Ordinance of the Ministry of Environment among the reported matters. <Amended on Mar. 31, 2020; Feb. 6, 2024> |
| (2) | Upon receipt of a report or a report on modification under paragraph (1), the Minister of Environment shall review the details of such report and accept it if it conforms to this Act. <Newly Inserted on Mar. 31, 2020> |
| (3) | Where a contractor who has been awarded a contract for the handling of hazardous chemical substances pursuant to paragraph (1) violates this Act in relation to the work awarded, his or her violation of this Act shall also affect the contractee: Provided, That the foregoing shall not apply where CHAPTER VII PENALTY PROVISIONS (Articles 57 through 64) are applied. <Amended on Mar. 31, 2020; May 26, 2020> |
| (4) | A person who intends to award a contract for the handling of the relevant hazardous chemical substances shall do so only to a person who has such ability and meets such standards as prescribed by Ordinance of the Ministry of Environment. <Amended on Mar. 31, 2020> |
| (5) | The contractee who awards a contract for the handling of hazardous chemical substances shall be obliged to control and oversee the relevant contractor, and shall not require the contractor to engage in activities prescribed by Ordinance of the Ministry of Environment, such as the unreasonable operation of a handling facility. <Amended on Mar. 31, 2020> |
| Article 32 (Hazardous Chemical Substance Supervisors) |
| (1) | A hazardous chemical substance business operator shall appoint a hazardous chemical substances supervisor in accordance with standards prescribed by Ordinance of the Ministry of Environment, such as the quantity of hazardous chemical substances handled by the relevant business operator and the number of his or her employees, before the commencement of his or her business so that the hazardous chemical substance supervisor may perform duties of securing the safety of hazardous chemical substance handling facilities and averting risk posed by hazardous chemical substances. |
| (2) | Where a hazardous chemical substance business operator entrusts a person specialized in the management of hazardous chemical substance handling facilities with the management thereof, the person entrusted with the management of hazardous chemical substance handling facilities (hereinafter referred to as "trustee") shall appoint a hazardous chemical substance supervisor under paragraph (1). |
| (3) | A person who has appointed a hazardous chemical substance supervisor pursuant to paragraph (1) or (2) shall report the appointment to the Minister of Environment without delay; and where the appointed supervisor is dismissed or retires from office, a new supervisor shall be appointed within 30 days from the date of dismissal or retirement (where it is impracticable to appoint a new supervisor within 30 days, the period may be extended by up to 30 days after obtaining approval from the Minister of Environment). In such cases, a person who has obtained permission for hazardous chemical substance business pursuant to Article 28 (4) shall report the appointment, dismissal, or retirement of a hazardous chemical substance supervisor to the Minister of Environment without delay. <Amended on Feb. 6, 2024> |
| (4) | Where a hazardous chemical substances supervisor cannot temporarily perform any of his or her duties due to his or her travel, illness or other reasons, a person who has appointed the hazardous chemical substance supervisor pursuant to paragraph (1) or (2) shall designate an agent to act on his or her behalf. |
| (5) | A hazardous chemical substances supervisor shall provide information on the safety management of hazardous chemical substances to persons working for the relevant hazardous chemical substance handling facilities, and direct and supervise the trustee and persons working for the hazardous chemical handling facilities lest they should violate this Act or any order under this Act. |
| (6) | A hazardous chemical substances business operator, a trustee and his or her employees shall respect the opinion of hazardous chemical substances supervisor on the safety and comply with his or her recommendation. |
| (7) | Types, qualification, the number, the scope of duties of hazardous chemical substance supervisors, the period of acting as an agent for a hazardous chemical substance supervisor, and other necessary matters shall be prescribed by Presidential Decree. |
| Article 33 (Safety Education on Hazardous Chemical Substances) |
| (1) | Technical human resources of facilities that handle hazardous chemical substances under Article 28 (2), hazardous chemical substance supervisors under Article 32, and other persons in charge of handling hazardous chemical substances prescribed by Presidential Decree shall receive hazardous chemical substance safety education conducted by an educational institution prescribed by Ordinance of the Ministry of Environment (hereinafter referred to as "hazardous chemical substance safety education"). |
| (2) | Where a hazardous chemical substances business operator has employed persons who are required to receive hazardous chemical substance safety education, he or she shall cause them to receive such education. In such cases, he or she shall bear expenses incurred in such education. <Amended on May 26, 2020> |
| (3) | Each hazardous chemical substance business operator shall regularly conduct hazardous chemical substance safety education for all employees of the relevant place of business, as prescribed by Ordinance of the Ministry of Environment. |
| (4) | Matters necessary for the details, methods, etc. of the safety education on hazardous chemical substances shall be prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Feb. 6, 2024> |
| Article 34 (Suspension of Handling of Hazardous Chemical Substances, Suspension of Business, and Closure of Business) |
| (1) | A hazardous chemical substance business operator shall take such measures as prescribed by Ordinance of the Ministry of Environment before suspending the handling of hazardous chemical substances in his or her place of business or changing the handling methods: Provided, That, in the case of closure of business, he or she shall dispose of hazardous chemical substances remaining in his or her place of business in advance of such closure. |
| (2) | Where a hazardous chemical substance business operator intends to close or suspend his or her business or does not operate hazardous chemical substance handling facilities for not less than the period prescribed by Ordinance of the Ministry of Environment, he or she shall dispose of remaining hazardous chemical substances under paragraph (1) and report to the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment. <Amended on Dec. 27, 2016> |
| (3) | Where the Minister of Environment deems that hazardous chemical substances are likely to harm human health or the environment after reviewing the content of the report on the closure of business or the suspension of business under paragraph (2), he or she may order the relevant hazardous chemical substance business operator to take measures necessary to avert the risk caused by the relevant hazardous chemical substances before the closure of business or the suspension of business. |
| (4) | It necessary to verify the current status of the suspension or closure of business of a hazardous chemical substance business operator, the Minister of Environment may request the head of the competent tax office to provide taxation information on the suspension or closure of business, as prescribed by Presidential Decree. Upon receipt of such request, the head of the tax office shall comply therewith unless there is a compelling reason not to do so. <Newly Inserted on May 18, 2021> |
| Article 34-2 (Improvement Order on Hazardous Chemical Substance Business Operators) |
| (1) | Where a hazardous chemical substance business operator falls under any of the following cases, the Minister of Environment may order such operator to make an improvement for a fixed period: <Amended on Mar. 31, 2020; May 18, 2021; Feb. 6, 2024> |
| 1. | Where he or she fails to submit data necessary for statistical surveys on chemical substances pursuant to Article 10 (4) or for surveys on the volume of the chemical releases pursuant to Article 11 (2); |
| 2. | Where he or she violates the criteria for handling hazardous chemical substances prescribed in subparagraph 2 of Article 13; |
| 3. | Where he or she fails to wear personal protective gear, in violation of Article 14 (1); |
| 4. | Where he or she displays or stores hazardous chemical substances without a keeping or storage facility, in violation of Article 15 (2); |
| 5. | Where he or she fails to affix a label indicating hazardous chemical substances as prescribed in Article 16 (1) and (2); |
| 5-2. | Where he or she fails to give notification of a plan for the prevention and management of chemical accidents, in violation of Article 23-3; |
| 6. | Where he or she fails to inspect a hazardous chemical substance handling facility, equipment, etc. or to record and keep the results thereof for five years, in violation of Article 26 (1); |
| 7. | Where he or she conducts business outside the scope of classification and details of business specified in the subparagraphs of Article 27; |
| 8. | Where he or she fails to obtain permission for modification pursuant to the former part of Article 28 (5); |
| 8-2. | Where he or she fails to file a report on business or on modification pursuant to Article 28 (6); |
| 9. | Where he or she fails to appoint a hazardous chemical substance supervisor pursuant to Article 32 (1) or (2); |
| 10. | Where he or she fails to observe standards for control of substances requiring preparation for accidents, in violation of Article 40; |
| 11. | Where he or she fails to make a report or submit data referred to in Article 49 (1); |
| 12. | Where he or she fails to record or keep matters related to the handling of hazardous chemical substances under Article 50 (1). |
| (2) | Detailed criteria for issuing an order to improve under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment, taking into consideration the frequency of violations, degree of effects on human health or the environment, intention or negligence of a hazardous chemical substance business operator, etc. |
[This Article Newly Inserted on Jan. 27, 2016]
| Article 35 (Revocation of Permission for Hazardous Chemical Substance Business) |
| (1) | Where a hazardous chemical substance business operator falls under any of the following cases, the Minister of Environment shall revoke his or her permission (referring to revocation of the acceptance of a report, where such operator is required to file a report on business): <Amended on Feb. 6, 2024> |
| 1. | Where he or she handles prohibited substances, in violation of Article 18; |
| 2. | Where he or she is deemed unable to continue his or her business because approval, permission, etc. related to hazardous chemical substance business under the subparagraphs of Article 27 has been revoked pursuant to other statutes; |
| 3. | Where he or she obtains permission for business under Article 28 by fraud or other improper means; |
| 4. | Where a person who has obtained permission for hazardous chemical substance business fails to comply with any of the necessary conditions imposed pursuant to the latter part of Article 28 (3); |
| 5. | Where he or she falls under any subparagraph of Article 30: Provided, That where any of the executive officers of the corporation falls under any of subparagraphs 1 through 3 of Article 30, the foregoing shall not apply if such executive officer is replaced by a newly appointed executive officer within six months; |
| 6. | Where he or she is ordered to suspend his or her business at least three times within two years. |
| (2) | Where a hazardous chemical substance business operator falls under any of the following cases (in cases of receiving an improvement order pursuant to Article 34-2 (1), referring to any of the following cases where such order fails to be complied within the relevant period or is deemed to be impracticable to be complied with), the Minister of Environment may revoke his or her permission for business ((referring to revocation of the acceptance of a report, where such operator is required to file a report on business) or order him or her to suspend all or part of his or her business for a fixed period of up to six months: <Amended on Jan. 27, 2016; Nov. 28, 2017; Mar. 31, 2020; May 18, 2021; Feb. 6, 2024> |
| 1. | Where he or she lends his or her name or permit to another person to operate the relevant business or to be used by him or her; |
| 2. | Where he or she fails to submit information necessary for statistical surveys of chemical substances under Article 10 (4) or surveys for the pollutant release and transfer registers under Article 11 (2); |
| 3. | Where he or she fails to comply with the standards for handling hazardous chemical substances, in violation of Article 13; |
| 4. | Where he or she fails to wear personal protective gear, in violation of Article 14 (1); |
| 5. | Where he or she displays or keeps hazardous chemical substances in excess of the volume of hazardous chemical substances to be handled, in violation of Article 15 (1), or displays or keeps hazardous chemical substances without a keeping or storage facility, in violation of Article 15 (2); |
| 6. | Where he or she transports hazardous chemical substances without submitting a transport plan, in violation of Article 15 (3); |
| 7. | Where he or she fails to label hazardous chemical substances under Article 16 (1) and (2); |
| 8. | Where he or she fails to comply with an order to suspend the handling of hazardous chemical substances under Article 17 (1), thereby causing the chemical substances to present a risk to human health or the environment; |
| 8-2. | Where he or she fails to implement a plan for the prevention and management of chemical accidents, in violation of Article 23-2 (1); |
| 8-3. | Where he or she fails to give notification of a plan for the prevention and management of chemical accidents, in violation of Article 23-3; |
| 9. | Where he or she installs and operates a handling facility without undergoing an inspection of hazardous chemical substance handling facility under Article 24 (3) or safety inspection of such handling facility under Article 24 (5); |
| 10. | Where he or she installs and operates a handling facility without being determined appropriate pursuant to Article 24 (6); |
| 11. | Where he or she fails to comply with an order to improve under Article 25 or 34-2; |
| 12. | Where he or she fails to inspect a handling facility, equipment, etc. or record or keep the result thereof for five years, in violation of Article 26 (1); |
| 13. | Where he or she conducts business outside the scope of classification and details of business specified in the subparagraphs of Article 27; |
| 14. | Where he or she fails to commence business within two years after he or she obtains permission for business under Article 28 (4) or suspends his or her business for at least two consecutive years without just grounds; |
| 15. | Where he or she fails to obtain permission for modification under the former part of Article 28 (5); |
| 15-2. | Where he or she fails to file a report on business or on modification pursuant to Article 28 (6) or files a false report; |
| 16. | Where he or she fails to report the awarding of a contract for the handling of hazardous chemical substances or to report modifications, in violation of Article 31 (1); |
| 17. | Where he or she awards a contract to a person who lacks ability and fails to meet standards, in violation of Article 31 (4); |
| 18. | Where he or she requires the unreasonable operation, etc. of a handling facility, in violation of Article 31 (5); |
| 19. | Where he or she fails to appoint a hazardous chemical substance supervisor pursuant to Article 32; |
| 20. | Where he or she fails to comply with the standards for control of substances requiring preparation for accidents, in violation of Article 40; |
| 21. | Deleted; <Mar. 31, 2020> |
| 22. | Deleted; <Mar. 31, 2020> |
| 23. | Where he or she fails to make an immediate report, in violation of Article 43 (2); |
| 24. | Where he or she fails to make a report under Article 49 (1) or makes a false report, and he or she fails to submit information or submits false information; |
| 25. | Where he or she fails to record or keep matters related to the handling of hazardous chemical substances under Article 50 (1); |
| 26. | Where professional or gross negligence causes a chemical accident that results in death or bodily injury or that adversely affects property or the environment under the standards prescribed by Ordinance of the Ministry of Environment. |
| (3) | Matters necessary for criteria for administrative disposition under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Environment, in consideration of the frequency of violations, the degree, etc. of effects on human health or the environment. |
| Article 36 (Disposition of Penalty Surcharges Imposed in Lieu of Suspension of Business) |
| (1) | Where the Minister of Environment shall order a hazardous chemical substance business operator to suspend his or her business pursuant to Article 35 (2), he or she may impose a penalty surcharge not exceeding 5/100 of the sales of the relevant place of business in lieu of suspension of business, as prescribed by Presidential Decree: Provided, That in cases of an enterprise which has only one place of business, the amount of a penalty surcharge shall not exceed 25/1000 of its sales. |
| (2) | The Minister of Environment shall impose a penalty surcharge under paragraph (1) in accordance with criteria prescribed by Presidential Decree in consideration of the kind of offense, the scale of business, the number of offenses, etc., and may raise or reduce the penalty surcharge within 1/2 of the amount thereof. |
| (3) | Where necessary to impose a penalty surcharge under paragraph (1), the Minister of Environment may request the head of the competent tax office to provide taxation information by submitting a document stating the following: <Newly Inserted on Mar. 31, 2020> |
| 1. | Taxpayer's personal information; |
| 2. | The purpose of using taxation information; |
| 3. | Sales served as a basis for imposing the penalty surcharge. |
| (4) | Where a person who is required to pay a penalty surcharge under paragraph (1) fails to pay it by the payment due date, the Minister of Environment shall cancel the imposition of a penalty surcharge under paragraph (1) and order the suspension of business, or collect it in the same manner as delinquent national taxes, as prescribed by Presidential Decree: Provided, That where he or she cannot order the suspension of business under Article 35 (2) due to the closure or the suspension of business under Article 34, he or she shall collect it in the same manner as delinquent national taxes. <Amended on Mar. 31, 2020> |
| (5) | Penalty surcharges imposed and collected by the Minister of Environment under paragraph (1) shall become revenues of the Special Account for Environment Improvement under the Framework Act on Environmental Policy. <Amended on Mar. 31, 2020> |
| Article 37 (Succession to Rights and Duties) |
| (1) | Where a hazardous chemical substance business operator dies, transfers his or her business, or is merged or consolidated with another corporation, his or her heir, transferee, or the corporation surviving the merger or resulting from the consolidation shall succeed to the rights and obligations of the former hazardous chemical substance business operator under the permission. In such cases, where his or her heir falls under any of subparagraphs 1 through 3 of Article 30, he or she may transfer his or her business to a third person within 90 days. |
| (2) | A person who acquires a hazardous chemical substance handling facility in accordance with any of the following procedures shall succeed to the status of a business operator of such facility. In such cases, the permission of the former business operator to conduct business, registration of his or her business, or a report made by him or her shall lose its effect: <Amended on Dec. 27, 2016> |
| 4. | Other procedures corresponding to those specified in subparagraphs 1 through 3. |
| (3) | Where a hazardous chemical substance business operator transfers his or her business or dies, or corporations are merged or consolidated, a transferee, an heir, the corporation surviving the merger or resulting from the consolidation shall succeed to the effect of administrative disposition under Articles 35 and 36 on the former hazardous chemical substance business operator for one year from the date the period of such disposition expires, and where procedures for administrative disposition are ongoing, procedures for administrative disposition may be continued against the transferee, the heir, or the corporation surviving the merger or resulting from the consolidation: Provided, That the foregoing shall not apply where the transferee, the heir, or the corporation surviving the merger or resulting from the consolidation proves that he or she/it is not aware of the fact of such disposition or violation as at the time of acquisition by transfer or merger. |
| (4) | A person who succeeds to the rights and obligations of a hazardous chemical substance business operator pursuant to paragraph (1) shall report to the Minister of Environment his or her succession within 30 days from the date of the succession thereto, as prescribed by Ordinance of the Ministry of Environment. |
| Article 38 (Approval for Shared Utilization of Hazardous Chemical Substance Supervisors and Handling Facilities) |
| (1) | Two or more hazardous chemical substance business operators whose places of business are built on the same site or in the same building with one another may jointly utilize hazardous chemical substance handling facilities or hazardous chemical substance supervisors with approval from the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment. In such cases, each hazardous chemical substance business operator shall be deemed to have hazardous chemical substance handling facilities or hazardous chemical substance supervisors. |
| (2) | Where any hazardous chemical substance business operator intends to change important matters prescribed by Ordinance of the Ministry of Environment among the matters approved pursuant to paragraph (1), he or she shall report thereon, as prescribed by Ordinance of the Ministry of Environment. |
CHAPTER V PREPARATION FOR AND RESPONSE TO CHEMICAL ACCIDENTS
Section 1 Designation of Substances Requiring Preparation for Accidents
| Article 39 (Designation of Substances Requiring Preparation for Accidents) |
The Minister of Environment shall designate and publicly notify substances requiring preparation for accidents, as prescribed by Presidential Decree, among any of the following chemical substances, which are highly likely to cause a chemical accident or likely to cause severe damage if a chemical accident occurs: <Amended on May 26, 2020>
| 1. | Physically or chemically dangerous chemical substances due to their inflammability, explosiveness, responsiveness, possibility of their outflow or leakage, etc.; |
| 2. | Substances that have high acute toxicity when ingested orally, inhaled, or exposed to the skin; |
| 3. | Substances determined by international organizations, international conventions, etc. to present a risk to human health or the environment; |
| 4. | Other substances, the special control of which is deemed necessary because they are highly likely to cause chemical accidents. |
| Article 40 (Standards for Control of Substances Requiring Preparation for Accidents) |
A person who handles substances requiring preparation for accidents shall observe standards for control of substances requiring preparation for accidents prescribed by Ordinance of the Ministry of Environment, such as managing records of outsiders who have obtained access: Provided, That the foregoing shall not apply where a facility that handles substances requiring preparation for accidents is a laboratory under subparagraph 2 of Article 2 of the Act on the Establishment of Safe Laboratory Environment.
| Article 41 Deleted. <Mar. 31, 2020> |
| Article 41-2 Deleted. <Mar. 31, 2020> |
| Article 42 Deleted. <Mar. 31, 2020> |
Section 2 Response to Chemical Accidents
| Article 43 (Reporting of Occurrence of Chemical Accidents) |
| (1) | Where a chemical accident occurs or is likely to occur, a person who handles the relevant chemical substance shall immediately take emergency measures necessary to reduce risk in accordance with the plan for the prevention and management of chemical accidents: Provided, That where significance or urgency of a chemical accident is acknowledged, he or she shall discontinue the operation of a handling facility. <Amended on Mar. 31, 2020> |
| (2) | Where a chemical accident occurs, a person who handles the relevant chemical substance shall immediately report the occurrence of such chemical accident to the competent local government, local environmental agency, national police agency, fire agency, or local employment and labor agency. |
| (3) | Upon receipt of a report pursuant to paragraph (2), the head of an agency shall immediately notify the Minister of Environment of the cause, size, etc. of a chemical accident, as prescribed by Ordinance of the Ministry of Environment. |
| Article 44 (Response at Scene of Chemical Accidents) |
| (1) | The Minister of Environment may send a public official who controls the scene and coordinates related affairs, whose qualification meets the requirements prescribed by Ordinance of the Ministry of Environment, to the scene of a chemical accident for prompt response to the chemical accident, control over the situation, and collection and notification of information on the chemical accident. |
| (2) | Duties of an official who controls the scene and coordinates related affairs under paragraph (1) shall be as follows: |
| 1. | Coordination and support in relation to response to the chemical accident; |
| 2. | Response to the chemical accident, investigation of the impact, measures necessary for mitigation of and recovery from damage; |
| 3. | Response to the chemical accident, maintenance of communication, and cooperation with agencies related to recovery; |
| 4. | Publicity and briefing to the people on the cause of the chemical accident, the scale of damage, measures taken, etc.; |
| 5. | Other measures necessary to put the chemical accident under control. |
| (3) | The head of the local government having jurisdiction over the area where a chemical accident has occurred (including an emergency rescue agency and an emergency rescue support agency located in the relevant area) shall provide proactive cooperation to an official who controls the scene and coordinates affairs related thereto so that he or she may smoothly perform his or her duties at the scene of the chemical accident, and where the head of the local government determines and executes major issues, he or she shall consult with the official who controls the scene and coordinates affairs related thereto. |
| Article 44-2 (Order to Stop Operation of Facility at Which Chemical Accident Occurred). |
| (1) | Where deemed necessary to perform the affairs stipulated in subparagraphs of Article 44 (2) efficiently, a public official who controls the scene of a chemical accident and coordinates related affairs referred to in Article 44 may order to stop operation of the relevant chemical material handling facility (hereinafter referred to as "order to stop operation). |
| (2) | A business entity in receipt of an order to stop operation shall immediately stop operation of the relevant chemical material handling facility, and shall not operate the relevant chemical material handling facility until the Minister of Environment revokes the order to stop operation. |
| (3) | Matters necessary for the requirements, methods, procedures, etc. for the issuance of an order to stop operation and the revocation thereof shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Dec. 27, 2016]
| Article 45 (Investigation into Impacts of Chemical Accidents) |
| (1) | Where necessary for investigating the cause of a chemical accident, minimizing, and recovering from damage to human health or the environment, the Minister of Environment may conduct an investigation into its impact (hereinafter referred to as "investigation of impact") on the following in consultation with the heads of relevant agencies: |
| 1. | The cause, scale, and development of the chemical accident, and human and physical damage therefrom; |
| 2. | Properties, hazard or risk of a chemical that causes the chemical accident; |
| 3. | Impact on the health of residents in the neighborhood of the area where the chemical accident occurs, and the surrounding environment; |
| 4. | Exposure rate of a chemical that causes the chemical accident and the extent of pollution caused by such chemical; |
| 5. | Transfer of a chemical that causes the chemical accident to air, water quality, soil, the natural environment, etc. and its residual form; |
| 6. | Possibility of another chemical accident; |
| 7. | Other matters necessary for relief from damage caused by the chemical accident. |
| (2) | The Minister of Environment may organize and operate a chemical accident investigation squad headed by an officer who controls the scene and coordinates affairs related thereto under Article 44 in order to conduct an investigation into the impact, as prescribed by Presidential Decree. |
| Article 46 (Orders to Take Measures) |
| (1) | The Minister of Environment may order a business entity who has caused the relevant chemical accident to take the following measures within a period prescribed by the Ordinance of the Ministry of Environment: |
| 1. | Mitigation or elimination of damage to human health or the surrounding environment caused by the chemical accident; |
| 2. | Restoration of the area polluted by chemical substances. |
| (2) | A person ordered to take measures pursuant to paragraph (1) shall submit an implementation plan to the Minister of Environment and comply with an order to take measures under paragraph (1), as prescribed by Ordinance of the Ministry of Environment. |
| (3) | When the Minister of Environment determines measures for mitigation or elimination under paragraph (1) 1, he or she may set the priorities in consideration of hazard, risk, exposure route, etc. of chemical substances. <Amended on May 26, 2020> |
| (5) | Detailed matters necessary for measures for mitigation, recovery measures, and methods for preparing an implementation plan under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Environment. |
| Article 47 (Designation of Areas Requiring Special Management of Chemical Accidents) |
| (1) | To better respond in the field in cases of a chemical accident, the Minister of Environment may designate areas where chemical accidents are highly likely to occur, such as industrial complexes, as areas requiring special management of chemical accidents (hereinafter referred to as "area requiring special management"), as prescribed by Presidential Decree. |
| (2) | Where the Minister of Environment intends to designate an area requiring special management, he or she shall consult with a Special Metropolitan City Mayor, a Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor having jurisdiction over such area. |
| (3) | The Minister of Environment may establish and operate an exclusive agency for ongoing management and supervision of places of business handling chemical substances and response to chemical accidents in the areas requiring special management. |
CHAPTER Ⅵ SUPPLEMENTARY PROVISIONS
| Article 48 (Establishment and Operation of Comprehensive Chemical Information System) |
| (1) | The Minister of Environment shall establish and operate a comprehensive chemical information system in order to collect and supply information related to the safety management of chemical substances, including the current status of installation of hazardous chemical substance handling facilities; the history of the occurrence of chemical accidents; and preparation for and response to chemical accidents. <Amended on Jan. 20, 2015; Dec. 24, 2018> |
| (2) | The Minister of Environment shall provide information related to the safety management, etc. of chemical substances obtained through a comprehensive chemical information system under paragraph (1) to persons who handle chemical substances; relevant agencies responding to chemical accidents, including the head of a local government and the head of the competent fire station; and the public, as prescribed by Presidential Decree. <Amended on Jan. 20, 2015; Dec. 24, 2018> |
| (3) | Matters necessary for the establishment, operation, etc. of a comprehensive chemical information system under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. |
| Article 48-2 (Establishment and Operation of Electronic Civil Petition Window) |
| (1) | The Minister of Environment may establish and operate an electronic civil petition window to provide services that can electronically process business affairs prescribed by Ordinance of the Ministry of Environment, such as report on the import of substances hazardous to human health, etc. under Article 20 and permission for hazardous chemical substance business under Article 28. <Amended on Feb. 6, 2024> |
| (2) | The Minister of Environment, in consultation with the heads of central administrative agencies and their affiliated agencies, local governments, and public institutions (hereinafter referred to as "central administrative agencies, etc."), may link the electronic civil petition window under paragraph (1) with the information system of other central administrative agencies, etc. in order to provide civil petitioners with services under paragraph (1). |
| (3) | Matters necessary for the establishment and operation of the electronic civil petition window under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Aug. 17, 2021]
[Previous Article 48-2 moved to Article 48-3 <Aug. 17, 2021>]
| Article 48-3 (Requests for Provision of Data) |
Where deemed necessary to verify whether the permitted or reported matters, etc. have been fulfilled in relation to the import of chemical substances under this Act, the Minister of Environment may request the head of the relevant administrative agency to provide data on the import of chemical substances, as prescribed by Presidential Decree. Upon receipt of such request, the head of the agency shall comply therewith unless there is good cause.
[This Article Newly Inserted on May 18, 2021]
[Moved from Article 48-2 <Aug. 17, 2021>]
| Article 48-4 (Conducting Business Affairs by Persons Appointed by Overseas Manufacturers or Producers) |
| (1) | A person who intends to manufacture or produce chemical substances to be imported into Korea from abroad (hereinafter referred to as "overseas manufacturer or producer") may appoint a person who meets the requirements prescribed by Ordinance of the Ministry of Environment to conduct the following business affairs on behalf of a person who intends to import chemical substances: |
| 1. | Verifying chemical substances under Article 9; |
| 2. | Filing an application for permission and a joint application for permission under Article 19 (1) and (3); |
| 3. | Filing an application for permission for modification or a report on modification under Article 19 (8). |
| (2) | A person appointed pursuant to paragraph (1) (hereinafter referred to as "domestic agent") shall report to the Minister of Environment on the fact that he or she is appointed or dismissed by an overseas manufacturer or producer. |
| (3) | A domestic agent shall notify a person who imports or intends to import chemical substances under paragraph (1) of the matters prescribed by Presidential Decree, such as the fact of his or her appointment and the business affairs assigned to him or her. |
| (4) | Matters necessary for the procedures and methods for of a report under paragraph (2) and notification under paragraph (3) shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Feb. 6, 2024]
| Article 49 (Reporting and Inspection) |
| (1) | The Minister of Environment may require the following persons (including their domestic agent, where such agent is assigned to business affairs required to be conducted by the following persons) to file a necessary report or submit data, or require relevant public officials to access the relevant workplace or facility to collect chemical substances or inspect relevant documents, facilities, equipment, etc.; in such cases, he or she may require relevant public officials to collect the minimum quantity of chemical substances and samples necessary for testing without compensation: <Amended on Dec. 27, 2016; Nov. 28, 2017; Mar. 31, 2020; Feb. 6, 2024> |
| 1. | A person required to verify chemical substances pursuant to Article 9 (1); |
| 2. | A person required to obtain permission for the manufacture, import, or sale of prohibited substances pursuant to the proviso of Article 18 (1); |
| 2-2. | A person required to obtain permission for the manufacture or import of restricted substances pursuant to the proviso of Article 18 (2); |
| 2-3. | A person required to file a report on the manufacture, import, sale, keeping, storage, or use of restricted substances pursuant to Article 18 (5); |
| 3. | A person required to obtain permission for the manufacture, import, or use of chemical substances subject to permission or to file a report on the manufacture or import of such substances pursuant to Article 19; |
| 4. | Deleted; <Feb. 6, 2024> |
| 5. | A person required to file a report on import of substances hazardous to human health, etc. pursuant to Article 20 (2); |
| 6. | A person required to obtain approval for export of restricted or prohibited substances pursuant to Article 21 (1); |
| 6-2. | A person required to implement a plan for the prevention and management of chemical accidents pursuant to Article 23-2 (1); |
| 6-3. | A person who installs and operates a hazardous chemical substance handling facility pursuant to Article 24; |
| 7. | A person required to obtain permission for hazardous chemical substance business or to file a report thereon pursuant to Article 28; |
| 7-2. | A person required to file a report on reagent sales business or hazardous chemical substance sales business without handling facilities pursuant to Article 29-3; |
| 8. | A person required to report the succession to the rights and obligations of hazardous chemical substance business operator pursuant to Article 37 (4); |
| 9. | A person who handles substances requiring preparation for accidents pursuant to Article 39; |
| 9-2. | Deleted; <Mar. 31, 2020> |
| 10. | A person required to file a report on a chemical accident pursuant to Article 43 (2); |
| 11. | A person entrusted with duties by the Minister of Environment pursuant to Article 55 (2). |
| (2) | Any public official who accesses a workplace or facility, or conducts an inspection pursuant to paragraph (1) shall carry a certification indicating his or her authority and produce it to interested parties. |
| Article 50 (Recording and Retention of Documents) |
| (1) | Any of the following persons shall record and preserve matters related to the handling of the relevant chemical substances for five years (in the case of subparagraph 3, referring to five years after the period specified in Article 19 (5)), as prescribed by Ordinance of the Ministry of Environment: <Amended on Dec. 27, 2016; Feb. 6, 2024> |
| 1. | A person who has verified chemical substances pursuant to Article 9 (1); |
| 2. | A person who has obtained permission to manufacture, import, or sell prohibited substances pursuant to the proviso of Article 18 (1); |
| 2-2. | A person who has obtained permission for the manufacture or import of restricted substances pursuant to the proviso of Article 18 (2); |
| 2-3. | A person who has filed a report on the manufacture, import, sale, keeping, storage, or use of restricted substances pursuant to Article 18 (5); |
| 3. | A person who has obtained permission for the manufacture, import, or use of chemical substances subject to permission or has filed a report on the manufacture or import of such substances pursuant to Article 19; |
| 4. | A person who has filed a report on import of substances hazardous to human health, etc. pursuant to Article 20 (2); |
| 5. | A person who has obtained approval to export restricted substances or prohibited substances pursuant to Article 21 (1); |
| 6. | A person who has obtained permission for hazardous chemical substance business or has filed a report thereon pursuant to Article 28; |
| 6-2. | A person who has filed a report on reagent sales business or hazardous chemical substance sales business without handling facilities pursuant to Article 29-3; |
| 6-3. | A hazardous chemical substance business operator (only applicable to a person falling under Article 28 (6)) who has appointed or dismissed a hazardous chemical substance supervisor pursuant to Article 32 or for whom the appointed hazardous chemical substance supervisor has retired; |
| (2) | In cases under paragraph (1), if digital input data exist, the relevant person may preserve digital input data in lieu of the relevant documents. |
The Minister of Environment shall hold a hearing in any of the following cases:
| 1. | Deleted; <Mar. 31, 2020> |
| 2. | Where he or she intends to revoke permission for hazardous chemical substance business pursuant to Article 35. |
[This Article Wholly Amended on Jan. 27, 2016]
| Article 52 (Data Protection) |
| (1) | Where a person who submitted data pursuant to this Act requests the Minister of Environment to protect data on the ingredients of chemical substances, etc. for confidentiality, he or she shall not disclose such data during the data protection period prescribed by Presidential Decree: Provided, That the foregoing shall not apply where data falls under any of the following: |
| 1. | Data for which the request for data protection is made has been disclosed in the Republic of Korea and abroad; |
| 2. | Data determined to be disclosed pursuant to Article 12 (1) and (2); |
| 3. | Other data prescribed by Presidential Decree. |
| (2) | Where data for which the request for data protection is made pursuant to the main clause of paragraph (1) falls under data ineligible for protection under the proviso of that paragraph, the Minister of Environment shall notify thereof to the person who has requested data protection. |
| (3) | Other necessary matters, such as procedures for requesting data protection, shall be prescribed by Ordinance of the Ministry of Environment. |
| Article 53 (Association Relating to Control of Chemical Substances) |
| (1) | A person who conducts the business of manufacturing, importing, selling, keeping, storing, transporting, or using chemical substances may establish an association relating to the control of chemical substances (hereinafter referred to as the "Association") in order to promote the proper control of chemical substances, technological development and sound business development. |
| (2) | The Association shall be a body corporate. |
| (3) | The Association shall prepare and obtain approval for the articles of association from the Minister of Environment. The same shall apply to cases where it intends to amend the articles of association. |
| (4) | Where the Minister of Environment deems that the operation of the Association breaches any other statutes or the articles of association, he or she may request the Association to rectify such breach. |
| (5) | Where the Association falls under any of the following, the Minister of Environment may revoke his or her approval for the Association: Provided, That where the Association falls under subparagraph 1, he or she shall revoke his or her approval for the Association: |
| 1. | Where the Association has obtained approval for the establishment thereof by fraud or other improper means; |
| 2. | Where it becomes impossible for the Association to achieve the objectives of the establishment thereof due to changes in circumstances, such as amendments to any other statutes; |
| 3. | Where the Association fails to rectify breaches of Acts, etc. despite a request for correction under paragraph (4). |
| (6) | Except as otherwise expressly provided in this Act, the provisions on incorporated associations of the Civil Act shall apply mutatis mutandis to the Association. |
A person who intends to file a report, or obtain designation or confirmation, undergo review, obtain a permission, etc. under any of the following shall pay fees prescribed by Ordinance of the Ministry of Environment: <Amended on Mar. 31, 2020; Feb. 6, 2024>
| 1. | Issuance of a certificate of confirmation of chemical substances under Article 9 (3); |
| 2. | Permission for manufacture, import, or sale of prohibited substances and permission for, or reporting on, modification thereof under the proviso of Article 18 (1) and paragraph (3) of that Article; |
| 2-2. | Permission for manufacture or import of restricted substances and permission for, or reporting on, modification thereof under the proviso of Article 18 (2) and paragraph (3) of that Article; |
| 2-3. | Reporting on manufacture, import, sale, keeping, storage, or use of restricted substances and reporting on modification thereof under Article 18 (5) and (6); |
| 3. | Permission for manufacture, import, or use of substances subject to permission and permission for modification thereof under Article 19 (1), (6), and (8); |
| 3-2. | Reporting on manufacture or import of substances subject to permission and reporting on modification thereof under Article 19 (7) and (8); |
| 4. | Deleted; <Feb. 6, 2024> |
| 5. | Reporting on import of substances hazardous to human health, etc. under Article 20 (2); |
| 6. | Permission for modification of the import of restricted substances, and reporting on modification of the import of substances hazardous to human health, etc. under Article 20 (4); |
| 7. | Approval for export of restricted substances or prohibited substances, and approval for any change to be made in the exportation thereof under Article 21 (1); |
| 8. | Inspection of hazardous chemical substance handling facilities under Article 24 (2) and (3); |
| 9. | Safety inspections of hazardous chemical substance handling facilities under Article 24 (5); |
| 10. | Permission for hazardous chemical substance business under Article 28; |
| 11. | Permission for, or reporting on, modification of hazardous chemical substance business under Article 28 (5); |
| 11-2. | Reporting on hazardous chemical substance business and reporting on modification thereof under Article 28 (6); |
| 12. | Reporting on awarding of a contract for the handling of hazardous chemical substances and reporting of modifications under Article 31 (1); |
| 13. | Reporting on suspension or closure of hazardous chemical substance business under Article 34 (2). |
| Article 55 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Environment may partially delegate his or her authority bestowed under this Act to the head of an agency under his or her jurisdiction, as prescribed by Presidential Decree. |
| (2) | The Minister of Environment may partially entrust his or her duties bestowed under this Act to the Korea Environmental Industry and Technology Institute under the Korea Environmental Industry and Technology Institute Act, the Korea Environment Corporation under the Korea Environment Corporation Act, or the Association, as prescribed by Presidential Decree. <Amended on Dec. 1, 2015> |
| Article 56 (Legal Fiction as Public Officials in Application of Penalty Provisions) |
Executive officers and employees of the Korea Environmental Industry and Technology Institute, Korea Environment Corporation or the Association who perform duties entrusted pursuant to Article 55 (2) shall be deemed public officials for the purposes of the provisions of Articles 129 through 132 of the Criminal Act.
CHAPTER VII PENALTY PROVISIONS
| Article 57 (Penalty Provisions) |
A person who, with professional or gross negligence, causes a chemical accident resulting in death or bodily injury shall be punished by imprisonment without labor for not more than ten years or by a fine not exceeding 200 million won.
| Article 58 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 100 million won: Provided, That the foregoing shall apply only to a domestic agent, if the domestic agent appointed by an overseas manufacturer or producer falls under any of the following categories: <Amended on Nov. 28, 2017; Jun. 12, 2018; Mar. 31, 2020; Feb. 6, 2024>
| 1. | A person who fails to stop handling of hazardous chemical substances, etc. in violation of an order to stop handling of hazardous chemical substances under Article 17 (1); |
| 2. | A person who handles prohibited substances, in violation of the main clause of Article 18 (1); |
| 2-2. | A person who handles restricted substances, in violation of the main clause of Article 18 (2); |
| 3. | A person who manufactures, imports or uses substances subject to permission without permission or after obtaining permission by fraud, in violation of Article 19; |
| 3-2. | A person who fails to submit a plan for the prevention and management of chemical accidents under Article 23 (1) and (4) or falsely submits such plan; |
| 3-3. | A person who fails to implement a plan for the prevention and management of chemical accidents, in violation of Article 23-2 (1); |
| 3-4. | A person who fails to give notification of a plan for the prevention and management of chemical accidents, in violation of Article 23-3; |
| 4. | A person who conducts hazardous chemical substance business or handles hazardous chemical substances without permission for hazardous chemical substance business under Article 28 or after obtaining permission by fraud; |
| 5. | A person who fails to dispose of remaining hazardous chemical substances in the place of business, in violation of Article 34 (1); |
| 6. | A person who fails to comply with any of the standards for management of substances requiring preparation for accidents, in violation of Article 40; |
| 7. | A person who fails to comply with an order to take measures for mitigation or elimination of damage and for recovery under Article 46 (1). |
| Article 59 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 50 million won: <Amended on Dec. 27, 2016; Mar. 31, 2020; Feb. 6, 2024>
| 1. | A person who fails to comply with any of the standards for handling hazardous chemical substances, in violation of Article 13; |
| 2. | A person who fails to wear personal protective gear, in violation of Article 14 (1); |
| 3. | A person who displays or keeps hazardous chemical substances in excess of the quantity of hazardous chemical substances to be handled, in violation of Article 15 (1), or displays or keeps hazardous chemical substances without having a keeping or storage facility, in violation of paragraph (2) of that Article; |
| 4. | A person who fails to affix a label concerning hazardous chemical substances under Article 16 (1) and (2); |
| 5. | Deleted; <Feb. 6, 2024> |
| 6. | A person who ingests or inhales hallucinogenic substances, possesses them for such purposes, or knowingly sells or provides them to a person who intends to ingest or inhale them, in violation of Article 22; |
| 7. | A person who installs and operates a handling facility without conducting a safety inspection under Article 24 (5); |
| 8. | A person who installs and operates a handling facility without being determined appropriate pursuant to Article 24 (6); |
| 9. | A person who fails to comply with an improvement order or an order to stop the operation under Article 25; |
| 10. | A person who fails to inspect a handling facility, equipment, etc., or fails to record or keep the results thereof for five years, in violation of Article 26 (1); |
| 10-2. | A person who fails to take necessary measures when he or she stops handling hazardous chemical substances or suspends or closes his or her business, in violation of the main clause of Article 34 (1); |
| 11. | A person who fails to comply with an order to take measures before the suspension of business or the closure of business under Article 34 (3); |
| 12. | A person who fails to immediately stop operation of the chemical handling facility which has received an order to stop operation or operates the relevant chemical handling facility before the order to stop operation is revoked, in violation of Article 44-2 (2). |
| Article 60 (Penalty Provisions) |
A person who fails to make an immediate report pursuant to Article 43 (2) shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 100 million won.
| Article 61 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 30 million won: Provided, That the foregoing shall apply only to a domestic agent, if the domestic agent appointed by an overseas manufacturer or producer falls under any of the following categories: <Amended on May 29, 2016; Dec. 27, 2016; Nov. 28, 2017; Mar. 31, 2020; Feb. 6, 2024>
| 1. | A person who fails to comply with any of the requirements for permission under Article 19 (5); |
| 1-2. | A person who manufactures, imports, or uses substances subject to permission, without permission for modification under Article 19 (8) or after obtaining permission for modification by fraud; |
| 2. | A person who imports substances hazardous to human health, etc. without filing a report under Article 20 (2) or after filing a false report; |
| 3. | A person who exports restricted substances without obtaining approval for export of restricted substances under the former part of Article 21 (1) or after obtaining permission by fraud; |
| 3-2. | A person who fails to submit a plan for the prevention and management of chemical accidents under Article 23 (3) or falsely submits such plan; |
| 3-3. | A person who fails to submit a revised or supplemented plan for the prevention and management of chemical accidents under Article 23 (7); |
| 3-4. | A person who fails to comply with a corrective order, etc. under Article 23-2 (3); |
| 4. | A person who conducts business without permission for modification in hazardous chemical substance business under the former part of Article 28 (5) or after obtaining permission for modification by fraud; |
| 4-2. | A person who conducts hazardous chemical substance business without filing a report on such business under Article 28 (6) or after filing a false report thereon; |
| 5. | A person who fails to file a report on business of selling reagents for use in experiments, research, or testing which fall under the category of hazardous chemical substances or fails to file a report on hazardous chemical substance sales business without installing and operating a hazardous chemical substance handling facility pursuant to Article 29-3 or who files a false report thereon. |
| Article 62 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than six months or by a fine not exceeding five million won: <Amended on Dec. 27, 2016; Feb. 6, 2024>
| 1. | A person who fails to obtain permission for manufacture, import, or sale of prohibited substances or obtains permission by fraud, in violation of the proviso of Article 18 (1); |
| 1-2. | A person who fails to obtain permission for manufacture, import, or sale of restricted substances or obtains permission by fraud, in violation of the proviso of Article 18 (2); |
| 2. | A person who manufactures, imports, or sells prohibited substances or manufactures or imports restricted substances, without permission for modification under Article 18 (3) or after obtaining permission for modification by fraud; |
| 2-2. | A person who imports substances hazardous to human health, without filing a report on modification under Article 20 (4) or after filing a false report on modification; |
| 3. | A person who exports restricted substances or prohibited substances under the latter part of Article 21 (1) without obtaining approval for modification on the export thereof or after obtaining approval for modification by fraud; |
| 4. | A person who sells hazardous chemical substances without taking procedures for verification of the real name and age of the purchaser or verification of the purchaser himself or herself, in violation of Article 28-2. |
| Article 63 (Joint Penalty Provisions) |
Where the representative of a corporation, or an agent, an employee or other worker of a corporation or individual commits an offense falling under any of Articles 57 through 62 relating to the business of such corporation or individual, not only shall the person who commits such offense be punished, but such corporation or individual also shall be punished by a fine under the relevant provision: Provided, That the foregoing shall not apply where the corporation or individual has exercised reasonable care and supervision over the relevant business to prevent the offense.
| Article 64 (Administrative Fines) |
| (1) | Any of the following persons shall be punished by an administrative fine not exceeding 10 million won: Provided, That the foregoing shall apply only to a domestic agent, if the domestic agent appointed by an overseas manufacturer or producer falls under any of the following categories: <Amended on Dec. 27, 2016; Nov. 28, 2017; Mar. 31, 2020; Feb. 6, 2024> |
| 1. | A person who fails to submit the details of confirmation of chemical substances or submits false details thereof, in violation of Article 9 (1); |
| 2. | A person who fails to comply with an order to submit data necessary for statistical surveys of chemical substances under Article 10 (4) or submits false data; |
| 3. | A person who fails comply with an order to submit data necessary for surveys of the volume of chemical substances released under Article 11 (2) or submits false data; |
| 3-2. | A person who fails to submit a release reduction plan or who submits it by fraud; |
| 3-3. | A person who fails to submit data prescribed in Article 11-2 (6) or submits such data by fraud, or who refuses, obstructs or evades the visit or inspection by relevant public officials; |
| 3-4. | A person who submits data necessary for deliberation prescribed in Article 12 (3) or explanations prescribed in paragraph (5) of that Article by fraud; |
| 3-5. | A person who fails to comply with the conditions attached to permission under Article 18 (4); |
| 3-6. | A person who manufactures or imports substances subject to permission, without filing a report under Article 19 (7) or after filing a false report; |
| 3-7. | A person who manufactures, imports, or uses substances subject to permission, without filing a report on modification under Article 19 (8) or after filing a false report on modification; |
| 4. | A person who sells or provides hallucinogenic substances, in violation of Article 22 (2); |
| 4-2. | Deleted; <Mar. 31, 2020> |
| 5. | A person who conducts hazardous chemical substance business without filing a report on modification of such business under the former part of Article 28 (5) or the latter part of Article 28 (6) or after filing a false report on modification; |
| 5-2. | A person who conducts business without filing a report on modification under Article 29-3 (2) or after filing a false report on modification; |
| 6. | A person who fails to file a report on awarding of a contract for handling hazardous chemical substances, in violation of the former part of Article 31 (1); |
| 7. | A person who fails to file a report on appointment, dismissal, or retirement of a hazardous chemical substance supervisor or fails to designate a deputy performing his or her duties on his or her behalf, in violation of Article 32; |
| 8. | A person who closes or suspends his or her business or stops operation of hazardous chemical substance handling facility without filing a report under Article 34 (2); |
| 9. | A person who fails to report succession under Article 37 (4); |
| 10. | A person who conducts hazardous chemical substance business without making a report under Article 38 (2) or after making a false report; |
| 10-2. | A person who fails to file a report on the fact that he or she has been appointed by an overseas manufacturer or producer, in violation of Article 48-4 (2); |
| 10-3. | A person who fails to notify another person who imports or intends to import chemical substances of matters prescribed by Presidential Decree, such as the fact that he or she has been appointed by an overseas manufacturer or producer and the assigned business affairs, in violation of Article 48-4 (3); |
| 11. | A person who fails to make a report or submit data under Article 49 (1) or makes a false report or submits false data, or a person who refuses, interferes with, or evades a relevant public official's access to his or her place of business or facility, or inspection of his or her documents, facility, or equipment under Article 49 (1). |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding three million won: Provided, That the foregoing shall apply only to a domestic agent, if the domestic agent appointed by an overseas manufacturer or producer falls under any of the following categories: <Amended on Dec. 27, 2016; Nov. 28, 2017; Mar. 31, 2020; Feb. 6, 2024> |
| 1. | A person who fails to submit a release reduction plan by correcting or supplementing it; |
| 1-2. | A person who manufactures, imports, or sells prohibited substances or manufactures or imports restricted substances, without filing a report on modification under Article 18 (3) or after filing a false report on modification; |
| 1-3. | A person who fails to file a report on the manufacture, import, sale, keeping, storage, or use of restricted substances or files a false report, in violation of Article 18 (5); |
| 1-4. | A person who fails to file a report on modification of the manufacture, import, sale, keeping, storage, or use of restricted substances or files a false report on modification, in violation of Article 18 (6); |
| 2. | Deleted; <Mar. 31, 2020> |
| 3. | A person who fails to notify the purchasers of hazardous chemical substances, etc. of the matters specified in the subparagraphs of Article 29-2 (1), in violation of Article 29-2; |
| 3-2. | A person who fails to report modifications under the latter part of Article 31 (1) or falsely reports modifications; |
| 4. | Any hazardous chemical substance business operator who fails to require persons subject to safety education on hazardous chemical substances to receive safety education on hazardous chemical substances, in violation of Article 33 (2), or fails to conduct safety education on hazardous chemical substances, in violation of Article 33 (3); |
| 5. | A person who violates his or her obligations concerning the recording or preservation under Article 50 (1). |
| (3) | The Minister of Environment shall impose and collect an administrative fine under paragraphs (1) and (2), as prescribed by Presidential Decree. |
ADDENDA <Act No. 11862, Jun. 4, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2015.
Article 2 (Transitional Measures concerning Permission to Import Restricted Substances)
A person who has obtained permission to import chemical substances the handling of which is restricted pursuant to the previous Hazardous Chemical Substances Control Act before this Act enters into force, shall be deemed to have obtained permission to import restricted substances under this Act, as prescribed by Ordinance of the Ministry of Environment. Article 3 (Transitional Measures concerning Reporting on Import of Toxic Substances)
A person who has filed a report on the import of toxic substances pursuant to the previous Hazardous Chemical Substances Control Act before this Act enters into force, shall be deemed to have filed a report on the import of toxic substances under this Act, as prescribed by Ordinance of the Ministry of Environment. Article 4 (Transitional Measures concerning Approval for Export of Restricted Substances or Prohibited Substances)
A person who has obtained approval for export of restricted substances or prohibited substances pursuant to the previous Hazardous Chemical Substances Control Act before this Act enters into force, shall be deemed to have obtained approval for exportation of restricted substances or prohibited substances under this Act, as prescribed by Ordinance of the Ministry of Environment. Article 5 (Transitional Measures concerning Permission for Hazardous Chemical Substance Business)
| (1) | A person who has obtained registration of hazardous chemical substances business or has obtained permission for business dealing in chemical substances, the handling of which is restricted or prohibited pursuant to the previous Hazardous Chemical Substances Control Act before this Act enters into force, shall be deemed to have obtained permission for hazardous chemical substance business under this Act: Provided, That he or she shall prepare and submit an off-site consequence analysis under the amended provisions of Article 23 to the Minister of Environment within a period prescribed by Ordinance of the Ministry of Environment. |
| (2) | Where a person who has handled substances requiring preparation for accidents pursuant to the previous Hazardous Chemical Substances Control Act before this Act enters into force shall obtain permission for business under this Act, he or she shall obtain permission for hazardous chemical substance business under the amended provisions of Article 28 within a period prescribed by Ordinance of the Ministry of Environment. |
Article 6 (Transitional Measures concerning Reporting of Awarding of Contracts for Handling Hazardous Chemical Substances)
Where a person has awarded a contract for handling hazardous chemical substances before this Act enters into force, he or she shall report the awarding of a contract under the amended provisions of Article 31 (1) within a period prescribed by Ordinance of the Ministry of Environment. Article 7 (Transitional Measures concerning Reporting of Appointment of Hazardous Chemical Substance Supervisors)
A person who has appointed a toxic chemical supervisor pursuant to the previous Hazardous Chemical Substances Control Act before this Act enters into force, shall report the appointment of hazardous chemical substances supervisor under the amended provisions of Article 32 (3) within a period prescribed by Ordinance of the Ministry of Environment. Article 8 (Transitional Measures concerning Preparation and Submission of Risk Management Plans)
A person who has submitted a self-prevention plan pursuant to the previous Hazardous Chemical Substances Control Act before this Act enters into force, shall prepare and submit a risk management plan pursuant to the amended provisions of Article 41 (1) to the Minister of Environment within a period prescribed by Ordinance of the Ministry of Environment. Article 9 (Transitional Measures concerning Incompetents, etc.)
A person whose declaration of incompetence or quasi-incompetence remains in effect pursuant to Article 2 of Addenda to the Civil Act (Act No. 10429), shall be deemed included in a person under adult guardianship or a person under limited guardianship under the amended provisions of subparagraph 1 of Article 30. Article 10 (Transitional Measures concerning Penalty Provisions)
The application of penalty provisions, administrative dispositions, penalty surcharges, and administrative fines to acts committed before this Act enters into force shall be governed by the relevant provisions of the previous Hazardous Chemical Substances Control Act. Article 11 Omitted.
Article 12 (Relationship to Other Statutes or Regulations)
Where the previous Hazardous Chemical Substances Control Act or the provision thereof is cited by other statutes as at the time this Act enters into force, if a provision corresponding thereto exists in this Act, this Act or the relevant provision of this Act shall be deemed cited in lieu of the previous provision.
ADDENDA <Act No. 12490, Mar. 18, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That Article 2 of Addenda shall enter into force on January 1, 2015. Article 2 Omitted.
ADDENDUM <Act No. 13035, Jan. 20, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 13534, Dec. 1, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 13890, Jan. 27, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 14231, May 29, 2016>
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 14476, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 14493, Dec. 27, 2016>
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 14532, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 15105, Nov. 28, 2017>
Article 1 (Enforcement Date)
Article 2 (Applicability to Disclosure of Lists)
The amended provisions of Article 12 (2) shall apply to a person who violates this Act or fails to comply with an order of the Minister of Environment after this Act enters into force.
ADDENDUM <Act No. 15659, Jun. 12, 2018>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 16084, Dec. 24, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 17182, Mar. 31, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Article 36 shall enter into force on the date of its promulgation, and the amended provisions of Articles 24, 25 (1) 2, 28 (1) 2, 28 (6) through (8), 31, and 35 (2) 9, 10, and 16 through 18, subparagraphs 8, 9, and 12 of Article 54, subparagraphs 7 and 8 of Article 59, and Article 64 (1) 6 and (2) 3-2 shall enter into force six months after the date of its promulgation. Article 2 (Transitional Measures concerning Off-Site Consequence Analyses)
| (1) | Notwithstanding the amended provisions of Articles 23, 23-2, and 23-3, the previous provisions shall apply to a person who has submitted an off-site consequence analysis pursuant to previous Article 23 (1) before this Act enters into force: Provided, That the amended provisions of Articles 23, 23-2, and 23-3 shall apply where a revised off-site consequence analysis is submitted after this Act enters into force. |
| (2) | The results of a review of an off-site consequence analysis submitted before this Act enters into force shall be deemed the results of a review of a plan for the prevention and management of chemical accidents under the amended provisions of Article 23 (5). |
Article 3 (Transitional Measures concerning Risk Management Plans)
| (1) | Notwithstanding the amended provisions of Articles 23, 23-2, and 23-3, the previous provisions shall apply to a person who has submitted a risk management plan under the previous Article 41 (1) before this Act enters into force: Provided, That the amended provisions of Articles 23, 23-2, and 23-3 shall apply where a revised risk management plan is submitted or where a risk management plan is re-submitted as five years has elapsed since submission of such plan, after this Act enters into force. |
| (2) | The results of a review of a risk management plan submitted before this Act enters into force and the results of an inspection of whether such plan is implemented shall be deemed the results of a review of a plan for the prevention and management of chemical accidents under the amended provisions of Article 23 (5) and the results of an inspection of whether a plan for the prevention and management of chemical accidents under the amended provisions of Article 23-2 (2). |
Article 4 Omitted.
ADDENDA <Act No. 17326, May 26, 2020>
This Act shall enter into force on the date of its promulgation: Provided, That the following shall enter into force on the date specified in the following subparagraphs:
ADDENDUM <Act No. 18174, May 18, 2021>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 30 (4) shall enter into force on the date of the promulgation.
ADDENDA <Act No. 18420, Aug. 17, 2021>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 20231, Feb. 6, 2024>
Article 1 (Enforcement Date)
This Act shall enter into force one year and six months after the date of its promulgation: Provided, That the amended provisions of Article 3 shall enter into force on the date of the promulgation. Article 2 (Transitional Measures concerning Permission for, and Reporting on, Hazardous Chemical Substance Business)
| (1) | Where a person who has obtained permission for hazardous chemical substance business before this Act enters into force is required to file a report on such business pursuant to the amended provisions of Article 28, he or she shall be deemed to have filed a report on business pursuant to Article 28 (6). |
| (2) | Where a person who has handled hazardous chemical substances before this Act enters into force is required to obtain permission for business or file a report on business for the first time in accordance with this Act, he or she shall obtain permission for hazardous chemical substance business or file a report on such business under the amended provisions of Article 28 within the period prescribed by Ordinance of the Ministry of Environment. |
Article 3 (Transitional Measures concerning Appointment of Hazardous Chemical Substance Supervisors in Reagent Sales Business)
| (1) | A person who has filed a report on reagent sales business before this Act enters into force is required to appoint a hazardous chemical substance supervisor pursuant to Article 32 (1) shall appoint a hazardous chemical substance supervisor pursuant to Article 32 (1) or (2) within one year from the date this Act enters into force. |
| (2) | A person who is required to receive safety education on hazardous chemical substances pursuant to Article 33 (1), such as a hazardous chemical substance supervisor appointed by a person who has filed a report on reagent sales business before this Act enters into force, shall receive safety education on hazardous chemical substances pursuant to Article 33 (1) within one year from the date this Act enters into force. |
Article 4 (Transitional Measures concerning Penalty Provisions)
The application of penalty provisions, administrative dispositions, penalty surcharges, and administrative fines to acts committed before this Act enters into force shall be governed by the previous provisions.
Article 5 Omitted.
Article 6 (Relationship with Other Statutes and Regulations)
A citation of any provision of the previous Chemical Substances Control Act by other statutes or regulations as at the time this Act enters into force shall be deemed a citation of the relevant provision of this Act, if any, in lieu of such previous provision.