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ACT ON THE PROMOTION OF SAVING AND RECYCLING OF RESOURCES — 법갈피

영문법령 / ACT ON THE PROMOTION OF SAVING AND RECYCLING OF RESOURCES

ACT ON THE PROMOTION OF SAVING AND RECYCLING OF RESOURCES

법률일부개정시행 2024-03-29기후에너지환경부,기후에너지환경부,기후에너지환경부,기후에너지환경부,기후에너지환경부,기후에너지환경부 · 제19311호 · 공포 2023-03-28

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to contribute to the preservation of the environment and sound development of the national economy by facilitating the use of recycled resources by means of controlling the generation of wastes and facilitating recycling.

[This Article Wholly Amended on Mar. 21, 2008]

Article 2(Definitions) #

The terms used in this Act are defined as follows: <Amended on Jul. 23, 2010; Apr. 28. 2011; Jan. 21, 2014; Mar. 28, 2023>

1. Deleted; <Nov. 28, 2017>

2. The term "recyclable resources" means products or by-products collected after being disposed of in a used or unused state, which are reusable or reusable after reconditioning (including recoverable energy and waste heat, but excluding radioactive substances and substances contaminated by radioactive substances);

3. The term "by-products" means things produced incidentally in the processes of manufacturing, processing, repairing or selling products, supplying energy, or performing civil and construction works;

4. The term "designated by-products" means by-products prescribed by Presidential Decree, full or partial recycling of which is particularly necessary for efficiently using such resources;

5. The term "recycling" means recycling defined in subparagraph 7 of Article 2 of the Wastes Control Act;

6. The term "reuse" means re-using recyclable resources as they are or after repairing or making them re-usable for production activities;

7. The term "reuse after reconditioning" means fully or partially re-using recyclable resources as raw materials or making them re-usable;

7-2. The term "recycled raw material" means any raw material wholly or partially made from recyclable resources reused after reconditioning, as prescribed by Ordinance of the Ministry of Environment.

8. The term "energy recovery" means recovering energy from recyclable resources in accordance with the standards referred to in subparagraph 7 of Article 2 of the Wastes Control Act (hereinafter referred to as "standards for energy recovery") or converting them into energy-recoverable substances;

Article 9(Control of Generation of Packing Wastes) #

(1) A person who manufactures, imports or sells products (hereinafter referred to as “manufacturer, etc.") shall comply with any of the following matters to control the generation of packing wastes of the products prescribed by Presidential Decree and to facilitate the recycling of packing wastes: <Amended on Nov. 28, 2017>

1. Standards for the quality of packing materials and packing methods (referring to the ratio of a packing space and the number of packing; hereinafter the same shall apply);

2. Standards for annual reduction of packing materials made of synthetic resin (excluding products made of biodegradable resin; hereafter in this Article the same shall apply).

(2) The Minister of Environment shall establish detailed standards for the quality of packing materials of products, packing methods and standards for annual reduction of packing materials made of synthetic resin under paragraph (1), by Ordinance of the Ministry of Environment, in consultation with the competent Minister.

(3) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) may order a manufacturer, etc. found to have violated standards referred to in paragraphs (1) and (2) as a result of a measurement in the simplified measurement method publicly notified by the Minister of Environment, to undergo an inspection on the packing method of products and the quality of packing materials, by a specialized institute prescribed by Ordinance of the Ministry of Environment, within a specified period, as prescribed by Ordinance of the Ministry of Environment. <Amended on Jan. 21, 2014; Nov. 28, 2017>

(4) The Minister of Environment shall advise manufacturers, etc. to indicate the packing method and the quality of packing materials on the surface of packing, as prescribed by Ordinance of the Ministry of Environment.

[This Article Wholly Amended on Mar. 21, 2008]

Article 10(Control of Use of Disposable Products) #

(1) A business entity who runs any of the following facilities or types of business shall control the use of disposable products and shall not provide disposable products free of charge: Provided, that disposable products made of biodegradable resin may be provided free of charge: <Amended on Aug. 13, 2013; Mar. 28, 2023>

1. Meal service facilities under subparagraph 12 of Article 2 of the Food Sanitation Act or food service businesses under Article 36 (1) 3 of that Act;

2. Types of business engaged in food manufacturing or processing, prescribed by Presidential Decree under Article 36 (1) 1 of the Food Sanitation Act;

3. Lodging business (limited to those with at least 50 guest rooms) defined in Article 2 (1) 2 of the Public Health Control Act or public bath business defined in subparagraph 3 of that paragraph;

4. Superstores under subparagraph 3 of Article 2 of the Distribution Industry Development Act;

5. Sports facilities under subparagraph 1 of Article 2 of the Installation and Utilization of Sports Facilities Act;

6. Other facilities or types of business prescribed by Presidential Decree, in which the use of disposable products needs to be controlled.

(2) Notwithstanding the main clause of paragraph (1), disposable products may be used or provided free of charge in any of the following cases: <Newly Inserted on Aug. 13, 2013; Mar. 28, 2023>

1. Where foods are provided, sold, or delivered to customers for consumption at places other than meal service facilities or food service business places. In such cases, where foods are provided, sold, or delivered through electronic commerce under the Framework Act on Electronic Documents and Transactions or unmanned information terminals prescribed by Ordinance of the Ministry of Environment, customers shall be allowed to choose whether to use disposable products;

2. Where foods are sold through vending machines;

3. Where foods are provided to condolers attending funeral rites (excluding cases where foods are provided at places equipped with cooking facilities and washing facilities as prescribed by Presidential Decree);

4. Other cases prescribed by Presidential Decree.

(3) Disposable products that business entities running the facilities or types of business referred to in paragraph (1) shall refrain from using and shall not provide free of charge, and detailed matters to be observed shall be prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Aug. 13, 2013>

[This Article Wholly Amended on Mar. 21, 2008]

Article 12(Waste Charges) #

(1) In order to control the generation of wastes and prevent the waste of resources, the Minister of Environment shall impose and collect charges to cover expenses incurred in treating wastes of products, materials, and containers prescribed by Presidential Decree, which contain any of the following substances or which are difficult to be recycled or likely to cause problems in waste management, on and from a manufacturer (referring to an orderer, in cases of products, materials, or containers manufactured through the method of original equipment manufacturing) or an importer thereof: <Amended on Feb. 1, 2012; Aug. 13, 2013; Jan. 17, 2017; May 26, 2020>

1. Specific air pollutants defined in subparagraph 9 of Article 2 of the Clean Air Conservation Act;

2. Specific water pollutants defined in subparagraph 8 of Article 2 of the Water Environment Conservation Act;

3. Poisonous substances defined in subparagraph 3 of Article 2 of the Toxic Chemicals Control Act.

(2) Notwithstanding paragraph (1), the expenses incurred in treating wastes generated from any of the following shall not be imposed. In such cases, a manufacturer or an importer shall attest to the following matters, as prescribed by Ordinance of the Ministry of Environment: <Newly Inserted on Feb. 1, 2012; Nov. 26, 2019>

1. Products, packing materials and products made of biodegradable resin provided for in Article 16;

2. Products, materials or containers made of plastics, which can be recovered and recycled at not less than a percentage prescribed by Presidential Decree, and the products, materials and containers manufactured or imported by a manufacturer or an importer who concluded a voluntary agreement (the duration of the agreement shall not exceed five years) with the Minister of Environment for the recovery and recycling and has fulfilled such agreement;

3. Other products, materials and containers prescribed by Presidential Decree.

(3) The amount of expenses to be paid by a manufacturer or an importer under paragraph (1) (hereinafter referred to as "waste charges") shall be calculated in accordance with the standards prescribed by Presidential Decree in consideration of the types and sizes of wastes by item, the timing of and procedures for the payment of waste charges, and other necessary matters shall be prescribed by Presidential Decree. <Amended on Feb. 1, 2012; Aug. 13, 2013>

(4) If a person liable to pay waste charges fails to pay them by the payment deadline, the Minister of Environment shall urge him or her to make the payment within at least 30 days. In such case, additional charges shall be imposed in accordance with the following classifications: <Amended on Feb. 1, 2012; Aug. 13, 2013; Nov. 26, 2019; May 26, 2020>

1. Where the payment is made within one week after the payment deadline: The amount equivalent to 1/100 of the waste charges in arrears;

2. Where the payment is made after one week after the payment deadline: The amount equivalent to 3/100 of the waste charges in arrears.

(5) Where a person urged to make a payment under paragraph (3) fails to pay waste charges or additional charges by the deadlines thereof, the waste charges or additional dues shall be collected in the same manner as delinquent national taxes. <Amended on Feb. 1, 2012>

(6) The waste charges and additional charges referred to in paragraph (3) shall be the revenue of the Special Account for Environment Improvement under the Framework Act on Environmental Policy. <Amended on Jul. 21, 2011; Feb. 1, 2012>

(7) Where the Minister of Environment entrusts the task of collecting waste charges and additional charges to a relevant specialized institution, such as the Korea Environment Corporation (hereinafter referred to as the "Corporation") established under the Korea Environment Corporation Act pursuant to Article 38 (2), the Minister may grant some of the collected waste charges and additional charges to such institution as collection subsidies, as prescribed by Presidential Decree. <Amended on Feb. 6, 2009; Feb. 1, 2012>

(8) A person liable to pay waste charges shall submit data on the outbound shipping or import volume of products, materials, and containers to the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Nov. 26, 2019>

[This Article Wholly Amended on Mar. 21, 2008]

Article 12-2(Deferment of Collection and Installment Payment of Waste Charges) #

(1) If the Minister of Environment deems a person liable to pay waste charges is unable to pay them by the payment deadline due to any of the following causes, he or she may defer the collection thereof or have them paid in installment, as prescribed by Presidential Decree:

1. Where a grave loss has been incurred to the property of a manufacturer or an importer due to a natural disaster or any other catastrophe;

2. Where the person is in a serious managerial crisis due to business losses;

3. Other cases where the deferment of payment or installment payment is deemed unavoidable due to a cause similar to that referred to in subparagraph 1 or 2.

(2) If waste charges calculated under Article 12 (3) are below an amount prescribed by Presidential Decree, the Minister of Environment may not collect them.

(3) If a person liable to pay waste charges falls under any of the following cases, the Minister of Environment may collect the waste charges already imposed, even before the payment deadline thereof arrives:

1. Where he or she receives a disposition on default of a national tax, local tax, or other public dues;

2. Where he or she is forced to comply with compulsory execution;

3. Where he or she is declared bankrupt;

4. Where an auction is commenced;

5. Where the corporation is dissolved;

6. Where he or she is deemed to have committed an act to evade the waste charge.

(4) If the Minister of Environment intends to collect waste charges before the payment deadline under paragraph (3), he or she shall fix a new payment deadline as prescribed by Presidential Decree and notify the manufacturer or importer of the purport, change of the payment deadline, etc.

(5) Articles 23 and 24 of the Framework Act on National Taxes shall apply mutatis mutandis to succession to the obligation to pay waste charges.

[This Article Newly Inserted on Aug. 13, 2013]

[Previous Article 12-2 moved to Article 12-3 <Aug. 13, 2013>]

Article 15-2(Facilitation of Resource Circulation of Empty Containers and Disposable Cups) #

(1) In order to facilitate the recovery, reuse, recycling, etc. of containers and disposable cups (hereinafter referred to as "containers, etc."), an amount of money apart from the outbound shipping, import, or sale price (hereinafter referred to as "resource circulation deposit") shall be included in the price of products, in cases falling under the following subparagraphs: Provided, That in cases falling under subparagraph 1, the relevant manufacturer or importer may determine whether to include a resource circulation deposit in the price of products. <Amended on Jun. 9, 2020>

1. Where a manufacturer or an importer manufactures or imports products prescribed by Presidential Decree by using a reusable container prescribed by Presidential Decree;

2. Where a business entity that generates a large quantity of disposable cups and falls under the business type and scale prescribed by Presidential Decree sells products prescribed by Presidential Decree by using disposable cups.

(2) In order to facilitate the reuse or recycling of containers, etc., the Minister of Environment may designate containers, etc. that can be commonly used because of their unified standards (hereinafter referred to as "standard container") among containers, etc. used in products under paragraph (1), and the manufacturers or importers that intend to use the standard containers in products shall file for registration of them, as prescribed by Ordinance of the Ministry of Environment. <Amended on Jan. 20, 2015; Jun. 9, 2020>

(3) A person who manufactures or imports products, the price of which includes a resource circulation deposit pursuant to paragraph (1) 1, and a seller under paragraph (1) 2 (hereinafter referred to as "business entity subject to security deposit") shall return the resource circulation deposit to a person who returns containers, etc. In such cases, the amount of resource circulation deposit shall be prescribed by Ordinance of the Ministry of Environment, taking into account the manufacturing cost of containers, etc., the circulation and use of resources, etc. <Amended on Jun. 9, 2020>

(4) A business entity subject to security deposit shall pay the following expenses incurred in the recovery, sorting, storage, recycling, etc. of product containers, etc., the price of which includes the resource circulation deposits. In such cases, the relevant expenses shall be calculated based on economic conditions, such as price fluctuations: <Amended on Jun. 9, 2020>

1. Manufacturers or importers falling under paragraph (1) 1 shall pay the expenses incurred in storage and transport of empty containers prescribed by Ordinance of the Ministry of Environment (hereinafter referred to as "handling fees") to wholesalers or retailers (limited to business entities engaging in the general retail business, food and beverage business, and tobacco retail business under the Korean Standard Industrial Classification);

2. Sellers falling under paragraph (1) 2 shall pay the expenses prescribed by Ordinance of the Ministry of Environment (hereinafter referred to as "treatment subsidies") to those who transport and treat disposable cups, etc. for recycling.

(5) In order to facilitate the refund of resource circulation deposits, the payment and management of handling fees and treatment subsidies, and others under paragraphs (3) and (4), a business entity subject to security deposit shall provide the Container Deposit System Management Center under Article 15-6 with the information on the outbound shipping, sale, recovery, re-use, recycling, etc. of products, the prices of which include resource circulation deposits, and shall require the Container Deposit System Management Center to confirm the returned containers, etc. and to return or pay the relevant resource circulation deposits and handling fees or treatment subsidies. <Amended on Jun. 9, 2020>

(6) A business entity subject to security deposit shall mark “resource circulation deposit refundable” and “reusable” or "recyclable" on the containers, etc. of products, the price of which includes the resource circulation deposits, as determined and publicly notified by the Minister of Environment. <Newly Inserted on Jan. 20, 2015; Jun. 9, 2020>

(7) Matters to be observed by business entities subject to security deposit for facilitating the recovery, re-use, or recycling of containers, etc., such as refund of resource circulation deposits, payment of handling fees and treatment subsidies, shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Jun. 9, 2020>

[This Article Newly Inserted on Mar. 21, 2008]

[Title Amended on Jan. 20, 2015; Mar. 9, 2020]

Article 15-6(Establishment of Container Deposit System Management Organization) #

(1) Business entities subject to security deposit shall jointly establish the Container Deposit System Management Organization with permission from the Ministry of Environment, as prescribed by Presidential Decree.

(2) The Container Deposit System Management Organization shall be a corporation.

(3) The Container Deposit System Management Organization shall conduct the following business:

1. Refund of resource circulation deposits, payment and management of handling fees and treatment subsidies, etc. under Article 15-2 (5);

2. Execution and management of unclaimed deposits under Article 15-3 (1);

3. A fact-finding survey on the refund of resource circulation deposits, payment of handling fees and treatment subsidies, etc.;

4. Establishment and operation of a reporting center for the refund of resource circulation deposits to handle reports under Article 15-4;

5. Other business prescribed by Ordinance of the Ministry of Environment to facilitate the recovery, re-use, recycling, etc. of containers, etc.

(4) Where the Center is operated in violation of the statutes or regulations, the articles of incorporation, etc., the Minister of Environment may issue a corrective order or request it to take other necessary measures.

(5) Where any executive officers or employees of the Container Deposit System Management Organization fail to comply with the corrective order or measures under paragraph (4), the Minister of Environment may request a disciplinary action against or dismissal of the relevant executive officers or employees.

(6) The operation of the Container Deposit System Management Organization and other necessary matters shall be prescribed by Ordinance of the Ministry of Environment.

(7) Except as provided in this Act, the provisions of the Civil Act concerning incorporated associations shall apply mutatis mutandis to the Container Deposit System Management Organization.

[This Article Newly Inserted on Jun. 9, 2020]

Article 16(Obligations of Manufacturers to Recycle) #

(1) A manufacturer or importer (in cases of packing materials, including sellers of products using packing materials; hereinafter referred to as "producers with recycling obligations") of products and packing materials prescribed by Presidential Decree, the recovery and recycling of which can be facilitated by improving the quality of materials, structure or recovery system in the production stage and distribution stage, or which generate a large volume of wastes after use, shall recover and recycle wastes generated from the products or packing materials he or she has manufactured, imported or sold. <Amended on May 22, 2013; Nov. 26, 2019>

(2) Notwithstanding paragraph (1), if a producer with recycling obligations operates a place of business of the type and size prescribed by Presidential Decree, he or she may be exempt from the recycling obligation. In such cases, the producer with recycling obligations shall prove that he or she is eligible for exemption from the recycling obligation, as prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Nov. 26, 2019>

(3) A producer with recycling obligations (excluding business entities subject to security deposit) shall pay contributions to jointly fulfill the recycling obligation prescribed in paragraph (1) (hereinafter referred to as "contributions") to a recycling business mutual aid cooperative under Article 27: Provided, That the amount of money proportional to the quantity of recovery and recycling, which is calculated by the inspection method determined and publicly notified by the Minister of Environment, shall be deducted from the contributions, in any of the following cases: <Newly Inserted on May 22, 2013; Jan. 20, 2015; Nov. 26, 2019; Jun. 9, 2020>

1. Where the producer directly recovers and recycles the wastes generated from products and packing materials manufactured, imported or sold;

2. Where the producer outsources the recovery and recycle process of the wastes referred to in subparagraph 1 to any of the following persons:

(a) A person licensed for any of the waste recycling business provided for in Article 25 (5) 5 through 7 of the Wastes Control Act;

(b) A person who files a report on waste treatment under Article 46 of the Wastes Control Act;

(4) A producer with recycling obligations or a recycling business mutual aid cooperative shall, when outsourcing the recovery and recycling process of wastes, enter into a contract which protects the rights and interests of the outsourcing contractor to the fullest extent as prescribed by Presidential Decree, such as ensuring the business territory of small-medium enterprises protected under the Act on the Promotion of Collaborative Cooperation between Large Enterprises and Small-Medium Enterprises, and parties to the contract shall implement such contract in good faith. <Amended on May 22, 2013; Jan. 20, 2015; Nov. 26, 2019>

(5) A producer with recycling obligations, a recycling business mutual aid cooperative, and an outsourcing contractor that assumes the recovery and recycling of wastes shall recycle wastes in compliance with the method and standards for recycling of products and packing materials prescribed by Ordinance of the Ministry of Environment. <Amended on May 22, 2013; Jan. 20, 2015; Nov. 26, 2019>

(6) A producer with recycling obligations shall submit data on the outbound shipping volume of products and packing materials to the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Nov. 26, 2019>

[This Article Wholly Amended on Mar. 21, 2008]

Article 19(Collection of Recycling Dues) #

(1) Where a producer with recycling obligations fails to fulfill the obligation provided for in Article 16 or a recycling business mutual aid cooperative established under Article 27 fails to fulfill the obligation to recycle on behalf of its members, the Minister of Environment shall impose and collect the dues which amounts to the sum of expenses to be incurred in recycling non-recycled wastes out of the mandatory recycling quantity and an amount equivalent to 30/100 of such expenses (hereinafter referred to as "recycling dues") on and from the producer with recycling obligations or the recycling business mutual aid cooperative.

(2) The expenses incurred in recycling wastes, based on which recycling dues are calculated, periods of, and procedures for payment thereof, and other necessary matters shall be prescribed by Presidential Decree.

(3) If a person liable to pay recycling dues falls under any of the following cases, the Minister of Environment may collect the recycling dues already imposed, even before the payment deadline thereof arrives: <Newly Inserted on Mar. 28, 2023>

1. Where he or she is subject to a compulsory collection, or receives a disposition on default, of a national tax, local tax, or other public dues;

2. Where he or she is forced to comply with compulsory execution;

3. Where he or she is declared bankrupt;

4. Where he or she receives a disposition suspending transactions at a clearing house prescribed in the Bills of Exchange and Promissory Notes Act or the Check Act;

5. Where an auction commences;

6. Where a corporation is dissolved;

7. Where it is deemed that he or she is likely to evade the recycling dues and flee.

(4) If the Minister of Environment intends to collect recycling dues before the payment deadline under paragraph (3), he or she shall notify a person liable to pay recycling dues of the purport, change of the payment deadline, etc. within a newly-specified payment deadline as prescribed by Presidential Decree. <Newly Inserted on Mar. 28, 2023>

(5) If the Minister of Environment deems a person liable to pay recycling dues is unable to pay them by the payment deadline due to any of the following causes, he or she may defer the collection thereof or have them paid in installment, as prescribed by Presidential Decree: <Newly Inserted on Mar. 28, 2023>

1. Where a grave loss is incurred to the property of a manufacturer or an importer due to a natural disaster or any other catastrophe;

2. Where the person is in a serious managerial crisis due to business losses;

3. Other cases where the deferment of payment or installment payment is deemed unavoidable due to a cause similar to that referred to in subparagraph 1 or 2.

(6) Where a person liable to pay recycling dues under paragraph (1) or (3) fails to pay such dues by the payment deadline, the Minister of Environment shall urge him or her to make the payment within a specified period of at least 30 days. In such cases, additional charges shall be imposed according to the following classifications: <Amended on Jan. 20, 2015; Nov. 26, 2019; May 26, 2020; Mar. 28, 2023>

1. Where the person pays the recycling dues within one week after the payment deadline: An amount equivalent to 1/100 of the recycling dues that remain unpaid;

2. Where the person pays the recycling dues one week after the payment deadline: An amount equivalent to 3/100 of the recycling dues that remain unpaid.

(7) Where a person urged to make a payment under paragraph (6) fails to pay the recycling dues or additional charges by the specified deadline, such recycling dues or additional charges shall be collected in the same manner as the compulsory collection of national taxes. <Amended on Mar. 28, 2023>

(8) The recycling dues and additional charges paid under paragraph (6) shall become the revenue of the Special Account for Environmental Improvement under the Framework Act on Environmental Policy. <Amended on Jul. 21, 2011; Mar. 28, 2023>

(9) Where the Minister of Environment has entrusted the task of collecting the recycling dues or additional charges to a relevant specialized institution, such as the Corporation, under Article 38 (2), he or she may grant some of the collected recycling dues or additional charges to cover collection expenses, as prescribed by Presidential Decree. <Amended on Feb. 6, 2009; Mar. 28, 2023>

(10) Where a recycling business mutual aid cooperative on which recycling dues have been imposed under paragraph (1) fails to pay the recycling dues on grounds of dissolution, bankruptcy, etc., the producers with recycling obligations who are members of the recycling business mutual aid cooperative shall commonly bear the recycling dues. <Newly Inserted on Nov. 26, 2019; Mar. 28, 2023>

(11) Articles 23 and 24 of the Framework Act on National Taxes shall apply mutatis mutandis to succession to the obligation to pay recycling dues. <Newly Inserted on Mar. 28, 2023>

[This Article Wholly Amended on Mar. 21, 2008]

Article 25-4(Reporting on Import and Manufacture of Solid Fuels) #

(1) A person who intends to import solid fuels made from wastes (hereinafter referred to as "solid fuels") among recycled products shall report thereon to the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment.

(2) A person who intends to manufacture solid fuels shall be either of the following, and report thereon to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Environment:

1. A person licensed to conduct a terminal waste recycling business under Article 25 (5) 6 of the Wastes Control Act;

2. A person licensed to conduct a general waste recycling business under Article 25 (5) 7 of the Wastes Control Act.

(3) The Minister of Environment, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall issue a certificate of reports on import or manufacture to each person who files a report under paragraph (1) or (2).

(4) Where an importer or manufacturer of solid fuels intends to modify matters prescribed by Ordinance of the Ministry of Environment, he or she shall report on such modification to the Minister of Environment, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu.

(5) The Minister of Environment, or a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall notify a reporter of the acceptance or refusal of the report within seven days from the date of receipt of the report under paragraphs (1) or (2) a report on modification under paragraph (4). <Newly Inserted on Jan. 5, 2021>

(6) If the Minister of Environment or a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu fails to notify a reporter of the acceptance or refusal of a report or the extension of the processing period under the statutes or regulations governing the processing of civil petitions within the period specified under paragraph (5), the report shall be deemed accepted on the date immediately following the end date of the period (referring to the relevant extended or re-extended period if the processing period is extended or re-extended under the statutes or regulations governing the processing of civil petitions). <Newly Inserted on Jan. 5, 2021>

(7) No importer or manufacturer of solid fuels shall allow any third person to import or manufacture solid fuels using his or her trade name or personal name, or lend his or her certificate of reports issued under paragraph (3) to any third person. <Amended on Jan. 5, 2021>

[This Article Wholly Amended on Jan. 21, 2014]

Article 25-5(Quality Inspections of Solid Fuels) #

(1) A person who intends to report on importation or manufacturing of solid fuels pursuant to Article 25-4 (1) or (2) shall undergo an inspection regarding the following matters (hereinafter referred to as "quality inspection") conducted by the Waste-to-Energy Center established under Article 25-15 (hereinafter referred to as "Waste-to-Energy Center") to ascertain whether the solid fuels he or she intends to import or manufacture meet the quality standards prescribed by Ordinance of the Ministry of Environment:

1. Shape and size;

2. Caloric value;

3. Moisture content;

4. Metal content;

5. Ash, chlorine, and sulfur content;

6. Other matters prescribed by Ordinance of the Ministry of Environment.

(2) A person who intends to undergo a quality inspection shall pay fees to the Waste-to-Energy Center, as prescribed by Ordinance of the Ministry of Environment.

(3) The Waste-to-Energy Center shall verify whether products kept by an importer, manufacturer, or user of solid fuels meet the quality standards, according to inspection procedures and inspection periods prescribed by Ordinance of the Ministry of Environment. <Amended on Nov. 26, 2019>

(4) The Waste-to-Energy Center shall notify the Minister of Environment, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu of the results of verification under paragraph (3).

(5) The Minister of Environment shall provide a subsidy to the Waste-to-Energy Center to cover expenses incurred in relation to verifications under paragraph (3).

(6) Except as provided in paragraphs (1) through (5), matters necessary for methods of quality inspections and verifications, and other necessary matters shall be prescribed by Ordinance of the Ministry of Environment.

(7) For products to be imported or manufactured by importers or manufacturers of solid fuels, the Minister of Environment may grade the items of quality standards prescribed by Ordinance of the Ministry of Environment according to the standards prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Nov. 26, 2019>

(8) The Minister of Environment may display or disclose the grades classified pursuant to paragraph (7) (hereinafter referred to as “quality grades”), as prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Nov. 26, 2019>

[This Article Wholly Amended on Jan. 21, 2014]

Article 25-7(Permission for Use of Solid Fuels) #

(1) A person who intends to use solid fuels shall obtain permission from the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu, upon satisfying the following requirements: <Amended on Nov. 28, 2017>

1. Facilities that use the solid fuels (hereinafter referred to as "facilities to use solid fuels") shall meet the standards prescribed by Ordinance of the Ministry of Environment;

2. Solid fuels that the person intends to use shall meet the quality standards referred to in Article 25-5 (1);

3. The plan for the use, storage, and handling of the solid fuels shall be appropriate;

4. The person shall meet other standards prescribed by Ordinance of the Ministry of Environment for environmental protection.

(2) Where a person who has obtained permission to use solid fuels intends to modify any important matter prescribed by Ordinance of the Ministry of Environment, the person shall obtain permission for the modification and shall file a report on the modification to modify any other matter. <Amended on Nov. 28, 2017>

(3) Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu grants permission or permits modification pursuant to paragraph (1) or (2), he or she may attach necessary conditions for the convenience of residents' life, protection of the surrounding environment, etc. <Newly Inserted on Nov. 28, 2017>

(4) Where a person who has obtained permission to use sold fuels falls under any of the following cases, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu may revoke the permission: Provided, That in cases falling under subparagraph 1, the permission shall be revoked: <Newly Inserted on Nov. 28, 2017>

1. Where the person has obtained the permission by fraud or other improper means;

2. Where the person violates any permitted matter or condition for permission;

3. Where the person fails to satisfy any of the requirements for permission set forth in subparagraphs of paragraph (1).

(5) Procedures, methods, matters, and conditions of granting permission and permission for modifications, and procedures and methods of filing reports on modifications under paragraphs (1) through (4), and matters necessary for the criteria, procedures, etc. for revoking permission shall be prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Nov. 28, 2017>

[This Article Newly Inserted on Jan. 21, 2014]

[Title Amended on Nov. 28, 2017]

Article 31(Financial Assistance for Fostering Recycling Industries) #

(1) The State or local governments may subsidize or lend funds necessary to facilitate the recycling of resources to an operator of any of the following businesses or projects (hereinafter referred to as "recycling business operator") to foster recycling industries, and arrange loans for the operator, if necessary: <Amended on Jul. 23, 2010; May 22, 2013; Jan. 21, 2014; Nov. 28, 2017>

1. A business to install recycling facilities;

2. A resources recycling business conducted by a designated recycling business operator or designated by-product discharging business operator;

3. Installation and operation of energy recovery facilities referred to in Article 25-3;

4. A project to develop a recycling complex under Article 34;

5. Waste disposal by those licensed for any of the waste recycling businesses referred to in subparagraphs 5 through 7 of Article 25 (5) of the Wastes Control Act, or persons who have reported on waste disposal under Article 46 of that Act;

6. A research and technological development project to facilitate the recycling of resources;

7. Establishment and operation of distribution support centers;

8. Businesses prescribed by Presidential Decree, which are necessary for fostering recycling industries, other than those referred to in subparagraphs 1 through 7.

(2) The Government may preferentially provide a recycling business operator with funds necessary for facilities, research and technological development, etc. from any of the following funds: <Amended on Apr. 1, 2009; May 21, 2009>

1. Funds for projects for industrial technology development established under the Industrial Technology Innovation Promotion Act;

2. Funds for promotion and industrial foundation of small and medium enterprises established under the Small and Medium Enterprises Promotion Act.

(3) The Minister of Environment may request cooperation necessary for providing support to recycling businesses, from the heads of the relevant central administrative agencies in charge of administering the funds referred to in the subparagraphs of paragraph (2).

[This Article Wholly Amended on Mar. 21, 2008]

Article 34-5(Installation of Facilities for Facilitating Recycling) #

(1) The State or a local government may install and operate pre-treatment facilities to recover recyclable resources to the utmost extent through mechanical treatment processes, such as crushing, grinding and sorting, or biological treatment processes, such as aerobic or anaerobic decomposition, prior to the treatment of wastes by means of incineration or reclamation.

(2) Where deemed necessary for taking measures to facilitate recycling prior to the final treatment of wastes generated in at least two of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, a Special Self-Governing Province, and a Si/Gun/Gu, the State or a local government may install and operate the facilities under paragraph (1) solely or jointly. <Amended on Jan. 21, 2014>

(3) If deemed necessary for adjusting the supply of and demand for recyclable resources and stabilizing the prices thereof, the Minister of Environment or the head of a local government may install and operate the stockpiling facilities for recyclable resources, raw materials reused after reconditioning, and other items prescribed by Ordinance of the Ministry of Environment (hereinafter referred to as "recyclable resources, etc."). <Newly Inserted on Jan. 5, 2021; Mar. 28, 2023>

(4) Expenses incurred in the storage, transportation, etc. of recyclable resources, etc. which are stockpiled pursuant to paragraph (3) shall be borne by a person who requests the stockpiling thereof: Provided, That the Minister of Environment may fully or partially subsidize expenses incurred in storage, transport, etc. to a person who has obtained permission for waste recycling business under Article 25 (5) 5 through 7 of the Wastes Control Act that is prescribed by Ordinance of the Ministry of Environment or a person who has filed a report on waste treatment under Article 46 of that Act, in cases of urgent necessity deemed by the Minister of Environment, such as where the recyclable resources are piled up or the supply and demand is unstable. <Newly Inserted on Jan. 5, 2021>

(5) Matters necessary for the stockpiling, storage, management of recyclable resources, support for expense therefor under paragraphs (3) and (4), etc. shall be determined and publicly notified by the Minister of Environment. <Newly Inserted on Jan. 5, 2021>

[This Article Newly Inserted on Mar. 21, 2008]

Article 36(Reporting and Inspections) #

(1) The Minister of Environment, the competent Minister, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may require any of the following persons to file a necessary report or submit data in cases prescribed by Ordinance of the Ministry of Environment, such as where it is necessary for ascertaining whether the relevant person complies with the standards under the subparagraphs of Article 9 (1) and the standards under Article 9-2 (1), and may direct a relevant public official to inspect relevant documents, facilities, equipment, etc. by entering the facility, place of business, workplace, etc.: <Amended on May 22, 2013; Aug. 13, 2013; Jan. 21, 2014; Jan. 20, 2015; Dec. 24, 2018; Nov. 26, 2019; Jun. 9, 2020; Mar. 28, 2023>

1. Manufacturers, etc. referred to in Article 9 (1);

2. Business entities referred to in Article 10;

3. Manufacturers or importers subject to waste charges imposed under Article 12;

4. Wastes dischargers referred to in Article 12-3;

5. Business entities subject to security deposit under Article 15-2 and persons prescribed by Presidential Decree;

5-2. The Container Deposit System Management Organization under Article 15-6;

6. Producers with recycling obligations under Article 16;

7. Outsourcing contractors that assume the recycling of products and packing materials under a contract with producers with recycling obligations under Article 16 (3) 2;

8. Designated recycling business entities referred to in Article 23;

9. Designated by-product discharging business entities referred to in Article 25;

10. Persons who install and operate energy recovery facilities under Article 25-3;

11. Importers or manufacturers of solid fuels reported under Article 25-4;

12. Users of solid fuels reported under Article 25-7;

13. Cooperatives established under Article 27;

14. Distribution support centers established under Article 28-2.

(2) Public officials who enter any place of business for inspections under paragraph (1) shall carry certificates indicating their authority and produce them to relevant persons.

(3) A person referred to in paragraph (1) 3, 5 through 10, 13 and 14 shall keep books of accounts and keep records and preserve them, as prescribed by Ordinance of the Ministry of Environment. <Amended on Jan. 21, 2014>

(4) In order to direct a public official to conduct an on-site inspection pursuant to paragraph (1), the Minister of Environment, the competent Ministers, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of each Si/Gun/Gu shall inform the relevant inspectee of the inspection plan that includes the date and details of, and grounds for such inspection, seven days prior to the scheduled date of such inspection: Provided, That the same shall not apply where urgent notice is required or giving a prior notice can defeat the purposes of the inspection due to the destruction of evidence, etc. <Amended on Jan. 21, 2014; Jan. 20, 2015>

[This Article Wholly Amended on Mar. 21, 2008]

Article 41(Administrative Fines) #

(1) Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: <Newly Inserted on Nov. 26, 2019>

1. A person who fails to submit data or submits false data, in violation of Article 12 (8);

2. A person who fails to submit data or submits false data, in violation of Article 16 (6).

(2) Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Amended on May 22, 2013; Jan. 21, 2014; Jan. 20, 2015; Nov. 28, 2017; Dec. 24, 2018; Nov. 26, 2019; Jun. 9, 2020; Mar. 28, 2023>

1. A person who fails to comply with the standards for the quality of packing materials, packing methods of products, and goals of the annual reduction of packing materials made of synthetic resin under Article 9 (1);

2. A person who disobeys an order to undergo an inspection under Article 9 (3);

2-2. A person who fails to undergo the evaluation of the quality and structure of packing materials or undergoes such evaluation by fraud or other improper means, in violation of Article 9-4 (2);

2-3. A person who fails to indicate the results of evaluating the quality and structure of packing materials or falsely indicate them on the surface of packing materials, in violation of Article 9-4 (3);

3. A person who uses, or offers a disposable product free of charge, in violation of Article 10;

4. A person who fails to place a separate discharge mark or places a false mark, in violation of Article 14;

5. A person who fails to refund the resource circulation deposits, in violation of Article 15-2 (3);

6. A person who fails to pay handling fees or treatment subsidies, in violation of Article 15-2 (4);

6-2. A person who fails to place a mark “resource circulation deposit refundable” and “reusable” or "recyclable", in violation of Article 15-2 (6);

6-3. A person who fails to comply with the matters to be observed by business entities subject to security deposit and others to facilitate the recovery, reuse, or recycling of containers, etc., in violation of Article 15-2 (7);

7. A person who uses unclaimed deposits, in violation of Article 15-3 (1);

7-2. A person who indicates certification without obtaining the certification for fulfilling his or her obligation to recycle, in violation of Article 17-2 (3);

8. A person who fails to take necessary measures, in violation of an order to take measures under Article 25-2 (2);

9. A person who imports or uses solid fuels without reporting, in violation of Article 25-4 (1) or (2);

10. A person who fails to report on modification, in violation of Article 25-4 (4);

11. A person who fails to place a quality mark, in violation of 25-6 (1);

12. A person who modifies any permitted matter for the use of solid fuels without filing a report on the modification, in violation of Article 25-7 (2);

13. A person who fails to observe any of the matters for environmental control, in violation of Article 25-9 (1);

14. A person who fails to report on succession to rights and obligations, in violation of Article 25-13 (2);

15. A person who fails to enter information in the information management system, in violation of Article 25-14 (2);

16. A person who fails to submit a report or data under Article 36 (1), submits a false report or data, or refuses, obstructs or evades a public official’s on-site inspection.

(3) Any of the following persons shall be subject to an administrative fine not exceeding one million won: <Amended on May 22, 2013; Aug 13, 2013; Jan. 20, 2015; Nov. 26, 2019>

1. A person who disobeys an order to take measures issued under Article 12-3 (2);

2. A person who fails to submit a plan to fulfill the obligation for recovery and recycling, or a report on the outcomes of fulfilling the obligation for recovery and recycling under Article 18;

3. A person who fails to keep records or preserve books of accounts, or keeps false records under Article 36 (3).

(4) Administrative fines provided for in paragraphs (1) through (3) shall be imposed and collected by the Minister of Environment, the competent Ministers, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu, as prescribed by Presidential Decree. <Newly Inserted on Jan. 21, 2014; Nov. 26, 2019>

[This Article Wholly Amended on Mar. 21, 2008]

ACT ON THE PROMOTION OF SAVING AND RECYCLING OF RESOURCES

Article 1(Purpose) #

Article 2(Definitions) #

Article 2-2 #

Article 3(Relationship to Other Statutes) #

Article 4 #

Article 5 #

Article 6 #

Article 7 #

Article 8(Saving of Resources) #

Article 8-2 #

Article 9(Control of Generation of Packing Wastes) #

Article 9-2(Criteria for Quality and Structure of Packing Materials) #

Article 9-3(Penalty Surcharges in Lieu of Suspension Orders) #

Article 9-4(Evaluation of Quality and Structure of Packing Materials) #

Article 10(Control of Use of Disposable Products) #

Article 10-2(Usage of Sales Proceeds of Disposable Plastic Bags or Paper Bags) #

Article 10-3(Financial Support) #

Article 11(Consideration of Resource Circulation in Development Projects) #

Article 12(Waste Charges) #

Article 12-2(Deferment of Collection and Installment Payment of Waste Charges) #

Article 12-3(Separate Storage by Waste Dischargers) #

Article 13(Separate Collection of Recyclable Resources) #

Article 13-2(Establishment and Operation of Recycling Centers) #

Article 13-3(Establishment of Special Accounts for Management of Recyclable Resources) #

Article 14(Separate Discharge Mark) #

Article 15(Facilitation of Reuse of Parts) #

Article 15-2(Facilitation of Resource Circulation of Empty Containers and Disposable Cups) #

Article 15-3(Usage of Remainder of Resource Circulation Deposit) #

Article 15-4(Monetary Rewards for Reporting on Retailers Failing to Pay Resource Circulation Deposits) #

Article 15-5(Resource Circulation Deposit Management Committee) #

Article 15-6(Establishment of Container Deposit System Management Organization) #

Article 16(Obligations of Manufacturers to Recycle) #

Article 17(Mandatory Recycling Ratio) #

Article 17-2(Certification for Fulfillment of Obligation to Recycle) #

Article 18(Submission of Plans to Fulfill Recovery and Recycling Obligations) #

Article 19(Collection of Recycling Dues) #

Article 19-2(Payment of Charges by Credit Card) #

Article 20(Usages of Waste Charges and Recycling Dues) #

Article 21 #

Article 22 #

Article 22-2 #

Article 23(Matters to Be Observed by Designated Recycling Businesses) #

Article 24 #

Article 24-2 #

Article 25(Matters to Be Observed by Designated By-Product Discharging Business Entities) #

Article 25-2(Recommendations on Recycling and Orders to Take Measures) #

Article 25-3(Installation and Operation of Energy Recovery Facilities) #

Article 25-4(Reporting on Import and Manufacture of Solid Fuels) #

Article 25-5(Quality Inspections of Solid Fuels) #

Article 25-6(Quality Marks on Solid Fuels) #

Article 25-7(Permission for Use of Solid Fuels) #

Article 25-8(Regular Inspections of Facilities to Manufacture or Use Solid Fuels) #

Article 25-9(Matters to Be Observed by Importers, Manufacturers, and Users of Solid Fuels) #

Article 25-10(Orders to Prohibit Importation or Manufacturing of Solid Fuels) #

Article 25-11(Penalty Surcharges in Lieu of Prohibition Orders) #

Article 25-12(Treatment of Solid Fuels) #

Article 25-13(Succession to Rights and Obligations) #

Article 25-14(Building and Operation of Comprehensive Waste-to-Energy Information Management System) #

Article 25-15(Waste-to-Energy Center) #

Article 26(Korea Waste-to-Energy Association) #

Article 27(Establishment of Recycling Business Mutual Aid Cooperatives) #

Article 28(Procedures for Authorizing Establishment of Cooperatives) #

Article 28-2(Establishment of Support Centers for Distributing Recyclable Resources) #

Article 28-3(Procedures for Authorization for Establishment of Distribution Support Center) #

Article 28-4(Corrective Orders) #

Article 28-5(Revocation of Authorization) #

Article 29(Contributions) #

Article 30(Application Mutatis Mutandis of the Civil Act) #

Article 31(Financial Assistance for Fostering Recycling Industries) #

Article 32 #

Article 33(Specifications and Quality Standards of Recycled Products) #

Article 33-2(Indication of Percentage of Use of Recycled Raw Materials) #

Article 33-3(Promotion of Purchase of Products and Containers Made from Recycled Raw Materials) #

Article 34(Development of Recycling Complexes) #

Article 34-2(Subsidies for Development of Recycling Complexes) #

Article 34-3(Lending and Use of State and Public Assets) #

Article 34-4(Establishment of Public Recycling Infrastructure) #

Article 34-5(Installation of Facilities for Facilitating Recycling) #

Article 34-6(Criteria and Indices for Assessing Facilitation of Saving and Recycling of Resources) #