ACT ON THE TRANSBOUNDARY MOVEMENT OF HAZARDOUS WASTES AND THEIR DISPOSAL

Article 1(Purpose) #

The purpose of this Act is to prevent any environmental pollution caused by the transboundary movement of wastes and to promote international cooperation, and to contribute to environmental conservation and qualitative improvement in the lives of people by implementing the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, and bilateral, multilateral, or regional agreements based on the aforesaid Convention and by restricting the export or import of wastes, and the transit of wastes across the Republic of Korea.

[This Article Wholly Amended on Apr. 18, 2017]

Article 2(Definitions) #

The terms used in this Act are defined as follows: <Amended on Apr. 18, 2017; Mar. 31, 2020>

1. The term "wastes" means substances falling under any of the following:

(a) Wastes subject to export or import restrictions: Substances prescribed by Presidential Decree, which are wastes provided for in the Annexes, etc. of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (hereinafter referred to as the "Convention") and substances stipulated in a bilateral, multilateral, or regional agreement under Article 11 of the Convention that it is necessary to restrict the export or import of such substances and the transit of such substances across the Republic of Korea (hereinafter referred to as "export, import, etc.");

(b) Wastes subject to export or import control: Substances prescribed by Presidential Decree because the export or import control thereof is needed, which are wastes other than wastes subject to export or import restrictions among wastes under subparagraph 1 of Article 2 of the Wastes Control Act;

2. The term "parties to the Convention" means countries or international organizations which have acceded to the Convention;

3. The term "movement documents" means any document specifying information to be included in the notification prescribed in the Annexes to the Convention;

4. The term "disposal" means the transportation, storage, recycling, and disposal of wastes;

5. The term "waste handler" means a person who falls under any of the following:

(a) A person who installs and operates a waste disposal facility pursuant to Article 4 or 5 of the Wastes Control Act;

(b) A person who obtains permission for interim waste disposal business, terminal waste disposal business, general waste disposal business, or waste recycling business pursuant to Article 25 (3) of the Wastes Control Act;

(c) A person who files a report on waste disposal pursuant to Article 46 of the Wastes Control Act;

(d) A person licensed to conduct interim construction waste disposal business under Article 21 of the Construction Waste Recycling Promotion Act.

[This Article Wholly Amended on Jul. 30, 2013]

Article 3(Scope of Application) #

(1) This Act shall not apply to radioactive substances prescribed in subparagraph 5 of Article 2 of the Nuclear Safety Act and substances contaminated thereby.

(2) This Act shall not apply to wastes discharged in sea areas referred to in the Management of Marine Garbage and Contaminated Marine Sediment Act and the Marine Environment Management Act, and wastes discharged as a result of the navigation of ships. <Amended on Dec. 3, 2019>

[This Article Wholly Amended on Jul. 30, 2013]

Article 4(Responsibilities of the State) #

(1) The State shall recognize the risk of harm to human health and the environment caused by transboundary movement of wastes, and adopt a proper policy to control and manage the export, import, etc. of wastes for the protection of health of citizens and the prevention of environmental pollution. <Amended on Apr. 18, 2017>

(2) The State shall cooperate with parties to the Convention, etc. to develop technology, to collect, utilize, and disseminate information, and to establish a management system, etc. for the proper control of wastes.

(3) The State shall provide assistance to the development and transfer, etc. of technology related to wastes.

[This Article Wholly Amended on Jul. 30, 2013]

Article 5(Obligations of Exporters and Importers of Wastes) #

(1) No person who exports, imports, or disposes of wastes shall cause any danger or harm to the environment and human health due to the export, import, etc. of wastes, and such person shall, in order to prevent such danger or harm, make positive efforts for the development of technology and mutual exchange of information. <Amended on Apr. 18, 2017>

(2) If any danger or harm to the environment and human health is caused by the export, import, etc. of wastes, the person who exports, imports or, disposes of wastes, shall take all measures necessary for the removal thereof. <Amended on Apr. 18, 2017>

[This Article Wholly Amended on Jul. 30, 2013]

Article 5-2(Qualification for Waste Exporters and Importers) #

(1) No one, other than any of the following persons, shall export wastes:

1. A waste handler;

2. An industrial waste discharger under Article 18 (1) of the Wastes Control Act.

(2) No person, other than waste handlers, shall import wastes.

(3) Notwithstanding paragraphs (1) and (2), the Minister of Environment may separately determine and publicly notify matters on the qualification for exporters and importers of the wastes deemed by the Minister of Environment as having a lower risk and be less likely to cause environmental pollution through their export or import. <Newly Inserted on Apr. 1, 2021>

[This Article Newly Inserted on Mar. 31, 2020]

Article 6(Permission to Export Wastes Subject to Export or Import Restrictions) #

(1) Any person who desires to export wastes subject to export or import restrictions shall obtain permission from the Minister of Environment as prescribed by Presidential Decree. The same shall also apply to cases where he or she desires to modify permitted matters. <Amended on Apr. 18, 2017>

(2) Where the Minister of Environment receives an application for permission to export wastes subject to export or import restrictions or an application for permission for modification thereof, he or she grant permission only in cases falling under any of the following: <Amended on Apr. 18, 2017>

1. Where no technology or facility is available domestically to dispose of the relevant wastes in a sound and proper manner;

2. Where the relevant wastes are needed as raw materials for recycling industries of the State of import.

(3) Where the Minister of Environment intends to permit the export of wastes under paragraph (2), he or she shall obtain the consent from the State of import and the transit country of wastes subject to export or import restrictions which he or she desires to export: Provided, That where prescribed by Presidential Decree, he or she may grant permission without obtaining such consent. <Amended on Apr. 18, 2017>

(4) In granting the permission under paragraph (2), the Minister of Environment may attach any condition necessary to such permission.

(5) When the Minister of Environment grants permission under paragraph (2) and if a person exports wastes, which are subject to export or import restrictions and have the same physical and chemical properties, to the same person at least twice through the same Korean customs office and the same customs office of the State of import, the Minister of Environment may grant permissions all at once for a specified period not exceeding 12 months. <Amended on Apr. 18, 2017>

(6) A person who has obtained permissions all at once under paragraph (5) shall submit to the Minister of Environment data prescribed by Presidential Decree no later than 10 days before the date of reporting under Article 241 of the Customs Act whenever he or she exports wastes subject to export or import restrictions. <Newly Inserted on Mar. 31, 2020>

(7) No person who has obtained permission for export or permission for modification thereof pursuant to paragraph (1) shall allow another person to export wastes subject to export or import restrictions by using his or her name or trade name or lend his or her export permit for wastes subject to export or import restrictions or a permit for modification thereof. <Newly Inserted on Mar. 31, 2020>

Article 7(Preparation of Export Movement Documents) #

(1) A person who obtains permission to export wastes subject to export or import restrictions (including modification of permission; hereinafter the same shall apply) under Article 6 (1) shall formulate movement documents with respect to the relevant wastes subject to export or import restrictions (hereinafter referred to as "export movement documents") as prescribed by Presidential Decree. The foregoing shall also apply where he or she modifies the details of such export movement documents. <Amended on Apr. 18, 2017>

(2) Where a person who obtains permission to export wastes subject to export or import restrictions ceases to export the relevant wastes subject to export or import restrictions, he or she shall report to the Minister of Environment along with the relevant export movement documents as prescribed by Presidential Decree. <Amended on Apr. 18, 2017>

[This Article Wholly Amended on Jul. 30, 2013]

Article 8(Transportation of Wastes Subject to Export or Import Restrictions) #

(1) A person who transports wastes subject to export or import restrictions, permission for the export thereof has been obtained, shall carry the export movement documents with respect to the relevant wastes subject to export or import restrictions, and in cases where he or she delivers wastes subject to export or import restrictions, he or she shall enter the date of delivery and other matters prescribed by Presidential Decree into such documents and sign thereon. <Amended on Apr. 18, 2017>

(2) A person who transports wastes subject to export or import restrictions, permission for the export thereof has been obtained, shall observe the details described in the export movement document: Provided, That the same shall not apply to cases where he or she ships them in according to an order to carry in under Article 20 (1). <Amended on Apr. 18, 2017>

[This Article Wholly Amended on Jul. 30, 2013]

[Title Amended on Apr. 18, 2017]

Article 9 #

Deleted. <Feb. 8, 1999>

Article 10(Permission to Import Wastes Subject to Export or Import Restrictions) #

(1) Any person who desires to import wastes subject to export or import restrictions shall obtain permission from the Minister of Environment as prescribed by Presidential Decree. The same shall also apply where he or she desires to modify permitted matters. <Amended on Apr. 18, 2017>

(2) The Minister of Environment may, if he or she receives an application for permission to import wastes subject to export or import restrictions referred to in paragraph (1) or application for amendment to permitted matters, grant permission thereon only where such case falls under any of the following subparagraphs: <Amended on Apr. 18, 2017>

1. Where the technology and facilities necessary to dispose of the relevant wastes in a sound and proper manner are available;

2. Where the relevant wastes are used as raw materials for recycling industries.

(3) In granting permission for import as referred to in paragraph (2), the Minister of Environment shall not grant such permission for import unless the competent authority of the State of export makes any request for the consent to the import of wastes: Provided, That the same shall not apply where they are not provided for as wastes subject to control of transboundary movements pursuant to statutes of the State of export.

(4) When the competent authority of the State of export has made a request for consent to the import of wastes subject to export or import restrictions, the Minister of Environment shall decide whether to consent to the import of wastes subject to export or import restrictions and notify the State of export thereof. <Amended on Apr. 18, 2017>

(5) The Minister of Environment may, in granting permission under paragraph (2), attach necessary conditions thereto.

(6) When the Minister of Environment grants permission under paragraph (2) and if the same person imports wastes, which are subject to export or import restrictions and have the same physical and chemical properties, at least twice through the same customs office of the State of export and the same Korean customs office, the Minister of Environment may grant permission all at once for a specified period not exceeding 12 months. In such cases, Article 6 (6) shall apply mutatis mutandis to a person who has obtained permissions all at once. <Amended on Apr. 18, 2017; Mar. 31, 2020>

(7) No person who has obtained permission for import or permission for modification thereof under paragraph (1) shall allow another person to import wastes subject to export or import restrictions by using his or her name or trade name or lend his or her import permit for wastes subject to export or import restrictions or a permit for modification thereof. <Newly Inserted on Mar. 31, 2020>

Article 11(Preparation of Import Movement Documents) #

Any person who has obtained permission to import wastes subject to export or import restrictions (including approval of modification of permission; hereinafter the same shall apply) under Article 10 (1) shall, if he or she imports wastes subject to export or import restrictions, prepare movement documents with respect to the relevant wastes subject to export or import restrictions, permission for the import thereof has been obtained, (hereinafter referred to as "import movement documents") as prescribed by Presidential Decree. The same shall also apply to an amendment to the details of import movement documents. <Amended on Apr. 18, 2017>

[This Article Wholly Amended on Jul. 30, 2013]

Article 12(Obligations to Carry Import Movement Documents) #

(1) A person who disposes of wastes subject to export or import restrictions, which are permitted for import, shall carry with him or her the relevant import movement documents and movement documents issued in accordance with the statutes or regulations of the State of export (applicable only to cases where such imported wastes are prescribed as wastes subject to the control of transboundary movement according to the statutes or regulations of the State of export; hereinafter referred to as "movement documents issued by the State of export") and printed documents related to the details of delivery and receipt referred to in Article 18-5, and where the person delivers the relevant wastes subject to export or import restrictions, he or she shall enter the date of delivery and other matters prescribed by Presidential Decree in the import movement documents and sign thereon. <Amended on Apr. 18, 2017; Mar. 31, 2020>

(2) A person who disposes of wastes subject to export or import restrictions, permission for the import thereof has been obtained, shall observe the details described in the relevant import movement documents: Provided, That this shall not apply where they are shipped out according to an order to carry out under Article 20 (1). <Amended on Apr. 18, 2017>

[This Article Wholly Amended on Jul. 30, 2013]

[Title Amended on Apr. 18, 2017]

Article 13 #

Deleted. <Jul. 30, 2013>

Article 14(Notice of Results of Disposal of Wastes Subject to Export or Import Restrictions) #

Any person who has completed the disposal of wastes subject to export or import restrictions, permission for the import thereof has been obtained, shall send, without delay, documents describing the receipt of the relevant wastes subject to export or import restrictions and the results of the disposal of wastes subject to export or import restrictions to the competent authority of the State of export and the exporter, and submit the copy thereof to the Minister of Environment, as prescribed by Presidential Decree. <Amended on Apr. 18, 2017>

[This Article Wholly Amended on Jul. 30, 2013]

[Title Amended on Apr. 18, 2017]

Article 15(Revocation of Permission for Export or Import of Wastes Subject to Export or Import Restrictions) #

Where a person who has obtained permission for export or import of wastes subject to export or import restrictions falls under any of the following subparagraphs, the Minister of Environment may revoke his or her permission: <Amended on Apr. 18, 2017; Mar. 31, 2020>

1. Where he or she obtains permission by fraud or other improper means;

2. Where he or she fails to fulfill any condition provided for in Article 6 (4) or 10 (5);

2-2. Where he or she fails to submit data, in violation of Article 6 (6) (including cases applied mutatis mutandis in the latter part of Article 10 (6));

2-3. Where he or she allows another person to import or export wastes subject to export or import restrictions by using his or her name or trade name or to lend an export permit or import permit for wastes subject to export or import restrictions, or a permit for modification thereof, in violation of Article 6 (7) or Article 10 (7);

2-4. Where he or she disposes of wastes subject to export or import restrictions in violation of Article 6 (8) or 10 (8);

3. Where new information reveals that wastes subject to export or import restrictions, permission for the export or import thereof has been obtained, cause any environmental pollution not anticipated at the time the permission was granted;

4. Where he or she fails to prepare an export movement document (including amendments to the details entered in such document), in violation of Article 7 (1), or prepares such document in a false manner;

5. Where he or she fails to observe the details described in an export movement document, in violation of Article 8 (2);

6. Where he or she fails to prepare an import movement document (including amendments to the details entered in such document), in violation of Article 11 or prepares such document in a false manner;

7. Where he or she fails to observe the details described in an import movement document, in violation of Article 12 (2);

8. Where he or she violates the restrictions referred to in Article 18 (1) or (2);

9. Where he or she violates an order to carry in, etc. under Article 20 (1);

10. When he or she refuses, obstructs, or evades access and inspection referred to in Article 22 (1).

Article 16(Agreements on Transit of Wastes Subject to Export or Import Restrictions) #

(1) Where the competent authority of the State of export makes a request for consent to transit wastes subject to export or import restrictions an exporter intends to export through Korea, the Minister of Environment shall determine whether he or she consents to the transit thereof and notify the State of export thereof. <Amended on Apr. 18, 2017>

(2) Where a person who desires to export wastes subject to export or import restrictions to another country passing through Korea does not obtain the consent referred to in paragraph (1), he or she may not pass the wastes through Korea. <Amended on Apr. 18, 2017>

[This Article Wholly Amended on Jul. 30, 2013]

[Title Amended on Apr. 18, 2017]

Article 17(Packaging of Wastes Subject to Export or Import Restrictions) #

Any person who intends to export or import wastes subject to export or import restrictions shall use packaging, labeling, etc., as prescribed by Presidential Decree.

[This Article Wholly Amended on Apr. 18, 2017]

Article 18(Designation of Export or Import Port) #

(1) In granting permission to export or import wastes subject to export or import restrictions, the Minister of Environment may designate any port for the shipment or loading and unloading or restrict any zone for the shipment or loading and unloading after consulting with the Minister of Oceans and Fisheries. <Amended on Apr. 18, 2017>

(2) In giving his or her consent to any transit of wastes subject to export or import restrictions through Korea, the Minister of Environment may restrict the transit port or transit area, after consulting with the Minister of Oceans and Fisheries. <Amended on Apr. 18, 2017>

[This Article Wholly Amended on Jul. 30, 2013]

Article 18-2(Declaration for Export or Import of Wastes Subject to Export and Import Control) #

(1) A person who intends to export or import wastes subject to export or import control shall file an export or import declaration to the Minister of Environment along with documents stating the type, quantity, and disposal plan of such wastes, as prescribed by Presidential Decree.

(2) Where any person intends to modify important matters prescribed by Presidential Decree among matters reported pursuant to paragraph (1), he or she shall file a report on modification thereof with the Minister of Environment.

(3) Where a person who intends to file an export or import declaration pursuant to paragraph (1) intends to export or import wastes subject to export or import control, which have the same physical characteristics and state and the same chemical components, to or from the same person at least twice through the same customs office of the State of export or the same Korean customs office, he or she may file the export or import declarations all at once for a specified period not exceeding 12 months. In such cases, Article 6 (6) shall apply mutatis mutandis to a person who files the declarations all at once. <Amended on Mar. 31, 2020; May 26, 2020>

(4) The Minister of Environment shall notify a person who files an export or import declaration or files a report on modification thereof pursuant to paragraph (1) or (2) of acceptance or rejection of the declaration or report within 10 days from the date of receiving such declaration or report. <Newly Inserted on Mar. 31, 2020>

(5) No person who has filed an export or import declaration or a report on modification thereof pursuant to paragraph (1) or (2) shall allow another person to export or import wastes subject to export or import control by using his or her name or trade name or lend an export declaration certificate or import declaration certificate of wastes subject to export and import control to another person. <Newly Inserted on Mar. 31, 2020>

(6) A person who intends to export or import wastes subject to export and import control pursuant to paragraph (1) shall dispose of wastes subject to export and import control in accordance with the standards and methods for the waste disposal under Article 13 of the Wastes Control Act. <Newly Inserted on Mar. 31, 2020>

[This Article Newly Inserted on Apr. 18, 2017]

Article 18-3(Disposal of Imported Wastes) #

(1) A person who has obtained import permission pursuant to Article 10 (1) and a person who has filed an import declaration pursuant to Article 18-2 (1) shall dispose of wastes he or she has imported (hereinafter referred to as "imported wastes") by himself or herself or by entrusting the disposal thereof to a person falling under any of the following subparagraphs: <Amended on Mar. 31, 2020>

1. A waste handler;

2. A person who obtains permission for waste collection and transportation business pursuant to Article 25 (3) of the Wastes Control Act (limited to cases where transportation is entrusted in the process of disposing of imported wastes);

3. A person who is licensed to conduct the business of collection and transportation of construction wastes pursuant to Article 21 of the Construction Waste Recycling Promotion Act (limited to cases where transportation is entrusted in the process of disposing of imported wastes).

(2) Deleted. <Mar. 31, 2020>

(3) A person who transports imported wastes shall be fully aware of the delivery number so that he or she can confirm the details of the delivery and receipt of wastes entered into an electronic information processing program under Article 18-4 (1) during the transportation of such wastes, and where a relevant administrative agency or a public official belonging thereto makes a request, he or she shall inform the agency or the official of the delivery number.

(4) A person who disposes of imported wastes pursuant to paragraph (1) shall dispose of imported wastes in accordance with standards for and methods of disposal of wastes under Article 13 of the Wastes Control Act and the principle of recycling of wastes and matters to be observed under Article 13-2 of the aforesaid Act.

(5) No person shall export imported wastes in the same nature and state of wastes at the time of the import.

(6) Except as provided in paragraphs (1) and (3) through (5), the Wastes Control Act or the Act on the Promotion of Saving and Recycling of Resources shall apply to the disposal of exported or imported wastes. <Amended on Mar. 31, 2020>

[This Article Newly Inserted on Apr. 18, 2017]

Article 18-4(Electronic Processing of Details of Delivery and Receipt of Exported or Imported Wastes) #

(1) The Minister of Environment shall establish and operate an electronic information processing program that can electronically process details on the delivery, receipt, etc. of imported wastes and wastes exported by a person who has obtained export permission under Article 6 (1) or who has filed an export declaration under Article 18-2 (1) (hereinafter referred to as "exported or imported wastes") (hereinafter referred to as "electronic information processing program"). <Amended on Mar. 31, 2020>

(2) The Minister of Environment may collect all or part of expenses incurred in using an electronic information processing program from persons who use the electronic information processing program.

(3) Where a person, etc. who intend to export or import wastes enter details concerning the duties prescribed by Presidential Decree, such as reporting, by using an electronic information processing program, he or she shall be deemed to have performed the relevant duties. <Amended on Mar. 31, 2020>

(4) The Minister of Environment shall retain records on the delivery and receipt of exported or imported wastes entered into an electronic information processing program for three years. <Amended on Mar. 31, 2020>

[This Article Wholly Amended on Jul. 30, 2013]

[Moved from Article 11-3 <Apr. 18, 2017>]

[Title Amended on Mar. 31, 2020]

Article 18-5(Entering Details of Delivery and Receipt of Exported and Imported Wastes) #

(1) Whenever any of the following persons exports, imports, or disposes of exported or imported wastes, he or she shall enter matters regarding the delivery and receipt of such wastes, and information on the site of waste disposal prescribed by Presidential Decree, including the value of measurement, location information, and visual information (hereinafter referred to as "on-site information on waste disposal"), in the electronic information processing program, as prescribed by Presidential Decree: Provided, That the information on disposal of wastes after they are exported abroad and their customs clearance is completed in the State of import shall be excluded from data entry:

1. A person who obtains export permission pursuant to Article 6 (1);

2. A person who obtains import permission pursuant to Article 10 (1);

3. A person who files an export or import declaration pursuant to Article 18-2 (1);

4. A person who disposes of exported or imported wastes.

(2) Where a person falling under any subparagraph of paragraph (1) has entered matters regarding the delivery and receipt of wastes and on-site information on waste disposal pursuant to Article 18 (3) of the Wastes Control Act, he or she shall be deemed to have fulfilled the duty of entry under paragraph (1) with respect to such wastes.

[This Article Newly Inserted on Mar. 31, 2020]

Article 18-6(Obligations of Waste Exporters and Importers) #

(1) In order to guarantee the proper export or import of wastes, a person who intends to export or import wastes shall take any of the following measures before obtaining export permission under Article 6 (1) or import permission under Article 10 (1) or filing an export declaration or import declaration under Article 18-2 (1):

1. Deposit of security money in an institution designated by the Minister of Environment;

2. Purchase of an insurance policy covering the export or import of wastes.

(2) Matters necessary for the designation of a depository institution for security money under paragraph (1), standards for calculating the security money or insurance amount, period of guarantee, etc. shall be prescribed by Presidential Decree.

[This Article Newly Inserted on Mar. 31, 2020]

Article 18-7(Revocation of Acceptance of Export or Import Declaration of Wastes Subject to Export and Import Control) #

(1) Where a person who has filed an export or import declaration for wastes subject to export or import control pursuant to Article 18-2 (1), a person who has filed a report on modification thereof under paragraph (2) of that Article, or a person who has filed the declarations all at once under paragraph (3) of that Article falls under any of the following subparagraphs, the Minister of Environment may revoke the acceptance of declarations or reports: Provided, That where the person falls under subparagraph 1, 3, or 6, the acceptance of declarations or reports shall be revoked:

1. Where the person has filed a report by fraud or other improper means;

2. Where the person fails to submit data, in violation of the latter part of Article 18-2 (3);

3. Where the person allows another person to export or import wastes subject to export and import control by using his or her name or trade name, or lends an export declaration certificate or import declaration certificate of wastes subject to export and import control to another person, in violation of Article 18-2 (5);

4. Where the person disposes of wastes subject to export and import control, in violation of Article 18-2 (6);

5. Where new information is found that wastes subject to export and import control for which an import or export declaration is accepted cause environmental pollution that was unexpected at the time of filing the declaration;

6. Where the person violates an order issued under Article 20 (1);

7. Where the person refuses, obstructs, or evades access and inspection under Article 22 (1).

(2) Matters necessary for the procedures, methods, etc. for revocation under paragraph (1) shall be prescribed by Presidential Decree.

[This Article Newly Inserted on Mar. 31, 2020]

Article 19(Prohibition on Export and Import) #

(1) Where there arises any of the following causes to take emergency measures for the protection of human health and conservation of environment, the Minister of Environment may ban or limit export or import of wastes by fixing a period, as prescribed by Presidential Decree: <Amended on Jan. 27, 2016>

1. Where it is intended to import wastes from areas, import from which is banned or restricted by the Minister of Environment, including areas where nuclear accidents occurred;

2. Where the wastes contain toxic substances specified by Presidential Decree, the level of which is equal to or higher than the standards announced by the Minister of Environment.

(2) Any wastes that are feared to pose risks to human health and the environment shall be prohibited from being exported or imported.

(3) Any wastes shall be prohibited from being exported to any state that lacks proper capacity to dispose of such wastes.

(4) The wastes subject to prohibition of import or export under paragraph (2) and the states subject to prohibition of export under paragraph (3) shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Jul. 30, 2013]

Article 20(Carry-In Order) #

(1) Where a person who has exported or imported wastes falls under any of the following subparagraphs, the Minister of Environment may order him or her to carry in or out the relevant wastes for a fixed period of time, or order him or her to manage them by proper means: <Amended on Jan. 27, 2016; Apr. 18, 2017; Mar. 31, 2020>

1. Where the person has exported or imported such wastes without obtaining permission provided for in Article 6 (1) or 10 (1);

2. Where the person has exported or imported such wastes without fulfilling the conditions provided for in Article 6 (4) or 10 (5);

3. Where the contents of the request for consent to import by the State of export under Article 10 (4) do not agree with the details of the movement documents issued by the State of export;

3-2. Where the person has exported or imported wastes, notwithstanding the revocation of export or import permission under Article 15 or the revocation of acceptance of an export or import declaration under Article 18-7;

3-3. Where the person has exported or imported wastes without filing a declaration under Article 18-2 (1) or a report on modification under paragraph (2) of that Article or has exported or imported wastes different from the details of the declaration or the report on modification;

4. Where exported or imported wastes cause or are likely to cause any risk to the health of people or environmental pollution unexpected at the time of obtaining permission or filing a declaration;

5. Where the inspection results referred to in Article 22 (1) reveal that the level of toxic substances referred to in Article 19 (1) 2 is not less than the standards.

(2) Where the head of an administrative agency concerned finds that a person who has exported or import wastes falls under any subparagraph of paragraph (1), he or she may request the Minister of Environment to take any necessary measures, such as issuance of an order to carry in or out such wastes.

(3) The Minister of Environment shall, upon receiving a request referred to in paragraph (2), take proper measures thereon and notify the head of the relevant administrative agency of the outcome of such measures.

[This Article Wholly Amended on Jul. 30, 2013]

Article 21(Vicarious Execution) #

Where a person who has received an order under Article 20 (1) fails to carry out such order for the prescribed period, the Minister of Environment shall execute it vicariously as prescribed by the Administrative Vicarious Execution Act, and may collect the expenses for such execution from the person who has exported or imported the relevant wastes.

[This Article Wholly Amended on Jul. 30, 2013]

Article 21-2(Recording and Preservation of Books) #

A person falling under any of the following subparagraphs shall prepare the books, as prescribed by Presidential Decree, and record the import, export, disposal, etc. of wastes, and preserve them for three years: Provided, That this shall not apply where the relevant matters have been entered into the electronic information processing program: <Amended on Apr. 18, 2017>

1. A person who has obtained permission for export under Article 6 (1);

2. A person who has obtained permission for import under Article 10 (1);

3. A person who has made a declaration for export or import pursuant to Article 18-2 (1);

4. A person who disposes of imported wastes pursuant to Article 18-3 (1).

[This Article Wholly Amended on Jul. 30, 2013]

Article 21-3(Submission of Reports) #

(1) A person who falls under any of the subparagraphs of Article 21-2 shall annually submit a report on the export, import, or disposal of wastes to the head of the relevant permission or declaration agency (hereafter in this Article referred to "head of a permission or declaration agency") by the end of February of the following year, as prescribed by Presidential Decree.

(2) Where a person who should submit a report pursuant to paragraph (1) fails to submit the report by the deadline, the head of a permission or declaration agency may order the person to submit the report within a fixed period.

(3) A person who should submit a report pursuant to paragraph (1) may request a person to whom he or she has entrusted the disposal of wastes in writing to provide him or her with data necessary to prepare the report under paragraph (1) by January 15 every year, and the person requested to provide such data shall submit the data in writing by January 31.

[This Article Newly Inserted on Apr. 18, 2017]

Article 22(Reporting and Inspections) #

(1) The Minister of Environment may require any of the following persons to file a report or submit data, or have the relevant public officials enter the office, business place, or bonded area, etc. referred to in Article 154 of the Customs Act to inspect the relevant documents, facilities, equipment, etc. for the proper management of export or import of wastes, as prescribed by Presidential Decree: <Amended on Apr. 18, 2017; Mar. 31, 2020>

1. A person who has obtained export permission under Article 6 (1) or who has submitted an application for export permission;

2. A person who transports export wastes under Article 8 (1);

3. A person who has obtained import permission under Article 10 (1) or who has submitted an application for import permission;

4. A person who has filed an export declaration letter or import declaration letter pursuant to Article 18-2 (1) or whose export declaration or import declaration is accepted under paragraph (4);

5. A person who disposes of imported wastes pursuant to Article 18-3 (1);

6. A person who has exported or imported wastes or who is suspected of having exported or imported wastes, without obtaining export or import permission under Article 6 (1) or 10 (1) or without an export or import declaration accepted under Article 18-2 (4).

(2) Any public official who intends to conduct an inspection under paragraph (1) shall notify a business entity subject to the inspection of the inspection plan, including date and time, purpose of inspection, subject-matters to be inspected, etc., by not later than seven days before the inspection: Provided, That this shall not apply where it is deemed that the purpose of the inspection cannot be achieved if the notification is given in advance.

(3) Any public official who enters to conduct an inspection under paragraph (1) shall carry a certificate indicating his or her authority and produce it to the related persons.

(4) Expenses incurred in the collection, transportation, etc. of wastes subject to inspection in a bonded area, etc. when an inspection is conducted under paragraph (1) shall be borne by the business entity subject to inspection: Provided, That where the outcomes of inspections on the wastes of a small and medium entrepreneur under Article 2 of the Framework Act on Small and Medium Enterprises are in compliance with this Act or the statutes or regulations related to waste export and import, such as the Foreign Trade Act, the State may subsidize the relevant expenses incurred in inspections within the budget, as determined by the Minister of Environment. <Newly Inserted on Apr. 1, 2021>

Article 22-2(Publication of Violations) #

The Minister of Environment may publish information on administrative dispositions, including the details of the disposition, name, and trade name of a person for whom an administrative disposition is completely decided pursuant to Article 15, 20 (1), or 22-3 (1), as prescribed by Presidential Decree.

[This Article Newly Inserted on Mar. 31, 2020]

Article 22-3(Imposition of Penalty Surcharges) #

(1) The Minister of Environment may impose a penalty surcharge on any of the following persons, for an amount not exceeding three times the profits gained by improper disposal of wastes (referring to an amount equivalent to the expenses for proper disposal of the relevant wastes, which are not disbursed by improperly disposing of such wastes) and expenses incurred in removing and reinstating such wastes: Provided, That in cases prescribed by Presidential Decree where no profit has been acquired or it is impracticable to calculate the gained profits, a penalty surcharge not exceeding one billion won and expenses incurred in removing and reinstating wastes may be imposed:

1. A person who exports or imports wastes without obtaining permission under Article 6 (1) or 10 (1) or by obtaining permission by fraud;

2. A person who exports or imports wastes even after the export or import permission is revoked pursuant to Article 15;

3. A person who exports or imports wastes without filing a declaration under Article 18-2 (1) or by filing a false declaration.

(2) Where a corporation that is a business entity falling under any of the subparagraphs of paragraph (1) merges with another corporation, the Minister of Environment may impose a penalty surcharge on such corporation by deeming that any violation committed by the corporation has been committed by a corporation surviving the merger or established following the merger.

(3) Matters necessary for the imposition, etc. of penalty surcharges under paragraphs (1) and (2) shall be prescribed by Presidential Decree.

[This Article Newly Inserted on Mar. 31, 2020]

Article 22-4(Collection of Penalty Surcharges and Disposition on Delinquency) #

(1) Where a person liable to pay a penalty surcharge under Article 22-3 (1) (hereafter in this Article referred to as “person liable to pay a penalty surcharge”) fails to pay it by the deadline, the Minister of Environment may collect an additional charge prescribed by Presidential Decree from such person for a period that begins on the day following the deadline and ends on the date of payment of the penalty surcharge, in consideration of the overdue interest rate applied by a bank defined in Article 2 (1) 2 of the Banking Act. In such cases, the period for collecting an additional charge shall not exceed 60 months.

(2) Where a person liable to pay a penalty surcharge fails to pay it by the deadline, the Minister of Environment shall demand the person to pay the penalty surcharge within a specified period, and where such person fails to pay the penalty surcharge and an additional charge under paragraph (1) within the specified period, the Minister of Environment may collect such penalty surcharge and additional charge in the same manner as delinquent national taxes.

(3) Where the Minister of Environment refunds a penalty surcharge on the grounds of a court ruling, etc., he or she shall make an additional payment on refund for the period from the date of payment of penalty surcharge to the date of repayment, as prescribed by Presidential Decree.

(4) Except as provided in paragraphs (1) through (3), matters necessary for the collection of penalty surcharges, disposition on delinquency, etc. shall be prescribed by Presidential Decree.

[This Article Newly Inserted on Mar. 31, 2020]

Article 22-5(Designation and Operation of Waste Export and Import Safety Management Center) #

(1) The Minister of Environment may designate a specialized institution prescribed by Presidential Decree as a waste export and import safety management center to provide support for the following affairs:

1. Inspection of the relevant documents, facilities, equipment, etc. conducted by entering a bonded area, etc. under Article 154 of the Customs Act;

2. Confirmation of permission, approval, etc. under Article 226 (2) of the Customs Act;

3. Safety inspections under Article 246-3 (1) of the Customs Act;

4. Establishment and operation of an electronic information processing program;

5. Other affairs necessary for the safety management of export and import of wastes.

(2) The Minister of Environment may subsidize the expenses incurred in the operation, etc. of a waste export and import safety management center referred to in paragraph (1), within the budget.

[This Article Newly Inserted on Mar. 31, 2020]

Article 23(Fees) #

(1) Any person who desires to obtain permission for export prescribed in Article 6 (1), or permission for import prescribed in Article 10 (1) shall pay a fee.

(2) The methods of calculation and payment, and the procedure for payment, of the fee referred to in paragraph (1), and other necessary matters shall be prescribed by Presidential Decree.

(3) The fee collected pursuant to paragraph (1) shall be paid to the revenue of the special accounts on environment improvement under the Framework Act on Environmental Policy.

[This Article Wholly Amended on Jul. 30, 2013]

Article 24(Cooperation with Related Agency) #

Where it is deemed necessary to attain the purpose of this Act, the Minister of Environment may request the head of any related administrative agency to furnish necessary materials. In such case, the head of the related administrative agency shall comply with such request, unless there is a compelling reason not to do so.

[This Article Wholly Amended on Jul. 30, 2013]

Article 25(Designation of Competent Authority) #

For the purpose of fulfilling the contents of the Convention, the Government shall designate the competent authority and the focal point, and notify the Secretariat of the Convention thereof.

[This Article Wholly Amended on Jul. 30, 2013]

Article 26 #

Deleted. <Dec. 13, 1997>

Article 27(Delegation and Entrustment of Authority) #

(1) The authority of the Minister of Environment vested under this Act may be delegated partially to the head of any agency under his or her jurisdiction or to the head of any related administrative agency, or may be entrusted to any corporation or organization prescribed by Presidential Decree, as prescribed by Presidential Decree.

(2) The Minister of Environment may order any person to whom his or her authority is delegated or entrusted to make a necessary report with regard to the affairs delegated or entrusted under paragraph (1).

[This Article Wholly Amended on Jul. 30, 2013]

Article 27-2(Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) #

The executive officers and employees of a waste export and import safety management center performing the affairs prescribed in each subparagraph of Article 22-5 (1) shall be deemed public officials in applying Articles 129 through 132 of the Criminal Act.

[This Article Newly Inserted on Mar. 31, 2020]

Article 28(Penalty Provisions) #

Any person who falls under any of the following subparagraphs shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won: <Amended on Mar. 18, 2014; Apr. 18, 2017; Mar. 31, 2020>

1. A person who exports or imports wastes without obtaining permission under Article 6 (1) or 10 (1) or by obtaining permission by fraud;

1-2. A person who exports or imports wastes even after the export or import permission is revoked under Article 15;

2. A person who violates any order under Article 20 (1) (only applicable to a person who has exported or imported wastes subject to export or import restrictions).

[This Article Wholly Amended on Jul. 30, 2013]

Article 29(Penalty Provisions) #

Any person who falls under any of the following subparagraphs shall be punished by imprisonment with labor for not more than three years or a by fine not exceeding 30 million won: Provided, That in cases under subparagraphs 5 and 6, he or she may be punished by imprisonment with labor as well as a fine: <Amended on Mar. 18, 2014; Apr. 18, 2017; Mar. 31, 2020>

1. A person who allows another person to export or import wastes subject to export or import restrictions by using his or her name or trade name, or who lends his or her export permit or import permit for wastes subject to export or import restrictions, or a permit for modification thereof, in violation of Article 6 (7) or Article 10 (7);

1-2. A person who fails to prepare an export movement document (including any modification to the details entered into such documents) or prepares such document by fraud, in violation of Article 7 (1);

2. A person who fails to observe the details stated in the export movement document, in violation of Article 8 (2);

3. A person who fails to prepare an import movement document (including any modification to the details of such documents) or who prepares such document by fraud, in violation of Article 11;

4. A person who fails to observe the details stated in the import movement document, in violation of Article 12 (2);

5. A person who disposes of imported wastes, in violation of Article 18-3 (1);

6. A person who buries imported wastes in landfills, in violation of Article 18-3 (4);

7. A person who exports imported wastes in the same nature and state as at the time of import, in violation of Article 18-3 (5);

8. A person who violates an order under Article 20 (1) (only applicable to a person who has exported or imported wastes subject to export or import control).

[This Article Wholly Amended on Jul. 30, 2013]

Article 29-2(Penalty Provisions) #

Any person who falls under any of the following shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won: <Amended on Mar. 31, 2020>

1. A person who fails to make a declaration for export or import or makes a false declaration for export or import, in violation of Article 18-2 (1);

2. A person who pollutes the surrounding environment by disposing of imported wastes (excluding cases falling under subparagraph 6 of Article 29), in violation of Article 18-3 (4);

3. A person who fails to enter data on the delivery and receipt of exported and imported wastes and on-site information on waste disposal in the electronic information processing program, or who enters such data in the electronic information processing program by fraud or other improper means, in violation of Article 18-5.

[This Article Newly Inserted on Apr. 18, 2017]

Article 30(Penalty Provisions) #

Any person who falls under any of the following subparagraphs shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended on Mar. 18, 2014; Apr. 18, 2017; Mar. 31, 2020>

1. A person who violates the restriction prescribed in Article 18 (1) or (2);

1-2. Deleted; <Mar. 31, 2020>

1-3. A person who allows another person to export or import wastes subject to export or import control by using his or her name or trade name or who lends his or her export declaration certificate or import declaration certificate of wastes subject to export and import control to another person, in violation of Article 18-2 (5);

2. A person who refuses, obstructs, or evades any access or inspection referred to in Article 22 (1).

[This Article Wholly Amended on Jul. 30, 2013]

Article 31(Joint Penalty Provisions) #

Where a representative of a corporation, or an agent, employee, or any other servant of a corporation or individual commits any offense under Articles 28 through 30 in connection with the businesses of the corporation or individual, in addition to the punishment of such offender, the corporation or individual shall be punished by a fine under each relevant provisions: Provided, That where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offense, this shall not apply.

[This Article Wholly Amended on Mar. 22, 2010]

Article 32(Administrative Fines) #

(1) Any person who falls under any of the following shall be punished by an administrative fine not exceeding 10 million won: <Amended on Apr. 18, 2017>

1. Deleted; <Mar. 31, 2020>

2. A person who disposes of imported wastes (excluding cases where he or she falls under subparagraph 6 of Article 29 and subparagraph 2 of Article 29-2), in violation of Article 18-3 (4).

(2) Any person who falls under any of the following shall be punished by an administrative fine not exceeding three million won: <Newly Inserted on Apr. 18, 2017>

1. A person who modifies important matters without reporting the modification thereof under Article 18-2 (2);

2. A person who fails to inform the delivery number despite a request made by a relevant administrative agency or a public official belonging thereto, in violation of Article 18-3 (3);

3. A person who fails to comply with an order to submit a report under Article 21-3 (2).

(3) A person who falls under any of the following subparagraphs shall be punished by an administrative fine not exceeding one million won: <Amended on Apr. 18, 2017>

1. A person who fails to file a report, in violation of Article 7 (2);

2. A person who fails to carry with him or her an export movement document or to enter pertinent matters in the said document or sign thereon, in violation of Article 8 (1);

3. A person who fails to carry with him or her an import movement document or a movement document issued by the State of export or to enter the pertinent matters into the said document or sign thereon, in violation of Article 12 (1);

4. A person who fails to send the document describing the receipt of imported wastes and the results of their disposal to the competent authority of the State of export and the exporter of the said wastes, or who fails to submit the copy thereof to the Minister of Environment, in violation of Article 14;

5. A person who fails to pack the wastes or apply labels, etc. thereto in violation of Article 17;

6. A person who fails to make a record of the books or keep them as prescribed in Article 21-2, or who makes a false record thereof;

6-2. A person who fails to submit a report under Article 21-3 (1) by the deadline or who submits a false report;

Article 32(Administrative Fines) #

(1) Any person who falls under any of the following shall be punished by an administrative fine not exceeding 10 million won: <Amended on Apr. 18, 2017>

1. Deleted; <Mar. 31, 2020>

2. A person who disposes of imported wastes (excluding cases where he or she falls under subparagraph 6 of Article 29 and subparagraph 2 of Article 29-2), in violation of Article 18-3 (4).

(2) Any person who falls under any of the following shall be punished by an administrative fine not exceeding three million won: <Newly Inserted on Apr. 18, 2017>

1. A person who modifies important matters without reporting the modification thereof under Article 18-2 (2);

2. A person who fails to inform the delivery number despite a request made by a relevant administrative agency or a public official belonging thereto, in violation of Article 18-3 (3);

3. A person who fails to comply with an order to submit a report under Article 21-3 (2).

(3) A person who falls under any of the following subparagraphs shall be punished by an administrative fine not exceeding two million won: <Amended on Apr. 18, 2017; Apr. 1, 2021>

1. A person who fails to file a report, in violation of Article 7 (2);

2. A person who fails to carry with him or her an export movement document or to enter pertinent matters in the said document or sign thereon, in violation of Article 8 (1);

3. A person who fails to carry with him or her an import movement document or a movement document issued by the State of export or to enter the pertinent matters into the said document or sign thereon, in violation of Article 12 (1);

4. A person who fails to send the document describing the receipt of imported wastes and the results of their disposal to the competent authority of the State of export and the exporter of the said wastes, or who fails to submit the copy thereof to the Minister of Environment, in violation of Article 14;

5. A person who fails to pack the wastes or apply labels, etc. thereto in violation of Article 17;

6. A person who fails to make a record of the books or keep them as prescribed in Article 21-2, or who makes a false record thereof;

6-2. A person who fails to submit a report under Article 21-3 (1) by the deadline or who submits a false report;