ACT ON THE MANAGEMENT OF SPECIFIC SUBSTANCES FOR THE PROTECTION OF THE OZONE LAYER

Article 1(Purpose) #

The purpose of this Act is, in order to enforce the Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol on Substances that Deplete the Ozone Layer, to control the production and use, etc. of specific substances to promote effectively the development and use of alternative substances, to control emission and to promote rationalization, etc of the use of specific substances.

Article 2(Definitions) #

The definitions of the terms used in this Act are as follows: <Amended on Jan. 17, 2008; Oct. 18, 2022>

1. The term "specific substance" means the substance prescribed by Presidential Decree among the following substances under the Montreal Protocol on Substances that Deplete the Ozone Layer (hereafter referred to as the "Protocol"):

a. Class I specific substances: Ozone-depleting substances;

b. Class II specific substances: Hydrofluorocarbons (HFCs);

2. The term "alternative substance" means a single substance or a compound which substitutes the specific substance;

3. The term "production volume" means the volume of specific substances produced less all of the following volumes:

a. The volume confirmed for destruction under Article 12(1);

b. The volume used as raw material to manufacture chemical substances;

4. The term "consumption volume" means the volume, calculated by extracting the export volume of specific substances from the production and import volumes of the specific substances (referring to the volume less the volume under subparagraph 3b; the same shall apply in Article 11(2));

5. The term "calculated level" means the respective volumes, calculated by multiplying the ozone depletion potential or the global warming potential for specific substances by type under the Protocol by the volume of each kind of substance;

6. The term "rationalization of the use of specific substances" means enhancing the efficiency in the use of specific substances through the reuse by collecting the used substances, the reduction of the use of such substances or the use of alternative substance.

Article 3(Public announcement of upper limit) #

(1) The Minister of Trade, Industry and Resources and the Minister of Climate, Energy and Environment shall determine and publicly announce the upper limit for the calculated levels of production and consumption of specific substances with which the Republic of Korea should comply, for the implementation of the Protocol. The same shall apply in the case of altering such upper limit. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(2) The Minister of Trade, Industry and Resources shall publicly announce, on an annual basis, the actual results of calculated levels of production, consumption, exports and imports of specific substances during the previous year. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

Article 4(Permission for manufacturing business) #

(1) Any person who intends to operate the business of manufacturing specific substances shall obtain permission from the Minister of Trade, Industry and Resources in accordance with Decree of the Ministry of Trade, Industry and Resources, and he or she shall also obtain permission from the Minister of Trade, Industry and Resources in the case of modifying the details of the permitted matters; provided, the modification of the minor matters prescribed by Decree of the Ministry of Trade, Industry and Resources shall be reported to the Minister of Trade, Industry and Resources. <Amended on Jan. 17, 2008; Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(2) The Minister of Trade, Industry and Resources may grant permission or permission for modification only in cases where a person who intends to obtain permission or permission for modification under paragraph (1) meets all of the following requirements; provided, if it is deemed necessary to increase the production volume as the demand for specific substances exceeds the supply thereof, the Minister of Trade, Industry and Resources may grant permission or permission for modification even if the applicant fails to meet the requirements under subparagraph 1: <Amended on Jan. 17, 2008; Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

1. The manufacturing quantity shall meet the upper limit for the calculated levels of production under Article 3(1);

2. The applicant shall have the capacity to install and maintain the manufacturing and storage facilities for specific substances.

(3) The Minister of Trade, Industry and Resources shall issue a certificate of permission to a person who has obtained permission in accordance with paragraph (1) (hereinafter referred to as "manufacturer"), as prescribed by Decree of the Ministry of Trade, Industry and Resources. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(4) Upon receipt of a report under the proviso of paragraph (1), the Minister of Trade, Industry and Resources shall review the details thereof and accept the report if it conforms to this Act. <Added on Sep. 18, 2018; Oct. 1, 2025>

Article 5(Disqualification from obtaining permission for manufacturing business) #

Any of the following persons shall not be granted permission for manufacturing specific substances under Article 4: <Amended on Jan. 21, 2014>

1. Any incompetent person under the adult guardianship;

2. Any person who has been declared bankrupt and has not been reinstated;

3. Any person in whose case two years have not elapsed since his or her imprisonment without labor or greater punishment declared by a court for violating this Act was completed or non-execution of the sentence became definite or who is under suspension of the execution of his or her punishment declared by a court;

4. A juristic person which has executive officers falling under any of subparagraphs 1 through 3.

Article 6(Succession of manufacturer's status) #

(1) Any of the following persons shall succeed to the status of a manufacturer; provided, this shall not apply where a person referred to in subparagraph 2 or 3 falls under any subparagraph of Article 5: <Amended on Jan. 21, 2014>

1. In cases where a manufacturer is deceased, the heir of such manufacturer;

2. In cases where a manufacturer transfers his or her business, the transferee of such business;

3. In cases where a manufacturer which is a juristic person is merged with another corporation, the corporation survived or newly established after the merger.

(2) Where an heir who has succeeded to the status of a manufacturer under paragraph (1) falls under any of subparagraphs 1 through 3 of Article 5, the heir shall transfer his or her status of a manufacturer to another person within six months after the date of the inheritance.

(3) A person who has succeeded to the status of a manufacturer under paragraph (1) shall report it to the Minister of Trade, Industry and Resources as prescribed by Decree of the Ministry of Trade, Industry and Resources, within 30 days after the date of succession. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(4) Upon receipt of a report under paragraph (3), the Minister of Trade, Industry and Resources shall review the details thereof and accept the report if it conforms to this Act. <Added on Sep. 18, 2018; Oct. 1, 2025>

Article 7(Revocation of permission for manufacturing business) #

The Minister of Trade, Industry and Resources may revoke permission for the manufacturing business or may issue an order to suspend all or part of the manufacturing business for a fixed period not exceeding six months where a manufacturer falls under any of the following subparagraphs; provided, where a manufacturer falls under subparagraph 2, the permission shall be revoked: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 21, 2014; Oct. 1, 2025>

1. Where he or she becomes to fall under any subparagraph of Article 5; provided, the same shall not apply where the manufacturer transfers his or her business to another person or replaces an executive officer (limited to the case of a corporation) within six months from the day on which grounds falling under any subparagraph of Article 5 have arisen;

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

3. Where he or she fails to initiate the business within six months from the date of obtaining permission or continues to suspend the business for at least six months, without good cause.

Article 8(Report on suspension, resumption or closure of manufacturing business) #

When a manufacturer falls under any of the following subparagraphs, he or she shall report it to the Minister of Trade, Industry and Resources, as stipulated in Decree of the Ministry of Trade, Industry and Resources: <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

1. Where he or she intends to suspend the manufacturing business for a definite period of time;

2. Where he or she intends to close down the manufacturing business;

3. Where he or she intends to resume the manufacturing business that has been suspended for a definite period of time.

Article 9(Permission for manufacturing quantity) #

(1) Any person who intends to manufacture specific substances shall determine the quantity to be manufactured and obtain permission from the Minister of Trade, Industry and Resources each year immediately preceding the year in which he or she intends to manufacture such substances, as prescribed by Decree of the Ministry of Trade, Industry and Resources; provided, this shall not apply to any of the following cases: <Amended on Jan. 17, 2008; Feb. 29, 2008; Mar. 23, 2013; Oct. 18, 2022; Oct. 1, 2025>

1. Where he or she intends to manufacture specific substances within the volume confirmed for destruction under Article 12(1);

2. Where he or she intends to manufacture specific substances within the volume prescribed by Decree of the Ministry of Trade, Industry and Resources.

(2) Any person who intends to manufacture specific substances in accordance with paragraph (1)2 shall report the manufacturing quantity to the Minister of Trade, Industry and Resources pursuant to Decree of the Ministry of Trade, Industry and Resources. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(3) The Minister of Trade, Industry and Resources may grant permission only in cases where the specific substances applied for permission pursuant to paragraph (1) meet the upper limit for the calculated levels of production and consumption under Article 3(1); provided, if it is deemed necessary to increase the manufacturing quantity as the demand for the specific substances exceeds the supply thereof, the Minister of Trade, Industry and Resources may grant permission even if the requirements specified in the main clause are not satisfied. <Added on Jan. 17, 2008; Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(4) Upon receipt of a report under paragraph (2), the Minister of Trade, Industry and Resources shall review the details thereof and accept the report if it conforms to this Act. <Added on Sep. 18, 2018; Oct. 1, 2025>

Article 10(Permission for increase in permitted manufacturing quantity) #

(1) Any manufacturer who intends to manufacture specific substances in excess of the manufacturing quantity permitted pursuant to Article 9(1) (hereinafter referred to as "permitted manufacturing quantity"), shall obtain permission for increasing the manufacturing quantity from the Minister of Trade, Industry and Resources pursuant to Decree of the Ministry of Trade, Industry and Resources. <Amended on Jan. 17, 2008; Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(2) Article 9(3) shall apply mutatis mutandis to the criteria for permission for increasing the manufacturing quantity under paragraph (1). <Added on Jan. 17, 2008>

Article 11(Permission for import) #

(1) Any person who intends to import specific substances shall obtain permission from the Minister of Trade, Industry and Resources pursuant to Decree of the Ministry of Trade, Industry and Resources. The same shall apply in the case of modifying the permitted matters. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(2) The Minister of Trade, Industry and Resources may grant permission or permission for modification only in cases where the specific substances applied for permission or permission for modification pursuant to paragraph (1) meet the upper limit for the calculated levels of consumption under Article 3(1); provided, where it is deemed necessary to increase the import volume as the demand for the specific substances exceeds the supply thereof, the Minister may grant permission or permission for modification even if the requirements specified in the main clause are not satisfied. <Added on Jan. 17, 2008; Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(3) Any person who has obtained permission to import specific substances under paragraph (1) (hereinafter referred to as "importer") may transfer all or part of the permitted import volume (hereinafter referred to as "permitted import volume") to another importer. <Added on Jan. 21, 2014>

(4) In the case of transferring the permitted import volume under paragraph (3), a person who intends to transfer such volume and another person who intends to take it over shall jointly obtain approval from the Minister of Trade, Industry and Resources, as prescribed by Decree of the Ministry of Trade, Industry and Resources. In such cases, permission for modification under the latter part of paragraph (1) shall be deemed to be obtained. <Added on Jan. 21, 2014; Oct. 1, 2025>

(5) The Minister of Trade, Industry and Resources may, for the implementation of the Protocol, restrict the import of products containing specific substances (hereinafter referred to as "products containing specific substances"). <Amended on Jan. 17, 2008; Feb. 29, 2008; Mar. 23, 2013; Jan. 21, 2014; Oct. 1, 2025>

(6) Products containing specific substances shall be determined and publicly announced by the Minister of Trade, Industry and Resources. <Amended on Jan. 17, 2008; Feb. 29, 2008; Mar. 23, 2013; Jan. 21, 2014; Oct. 1, 2025>

Article 11-2(Approval of export) #

Any person who intends to export specific substances shall obtain approval from the Minister of Trade, Industry and Resources, as prescribed by Decree of the Ministry of Trade, Industry and Resources. The same shall apply in the case of modifying the approved matters. <Amended on Oct. 1, 2025>

[This Article Added on Jan. 21, 2014]

Article 12(Confirmation of destruction) #

(1) Any manufacturer who has submitted a report on the destruction of specific substances under Decree of the Ministry of Trade, Industry and Resources may manufacture such substances within the volume confirmed for destruction by the Minister of Trade, Industry and Resources. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(2) Any manufacturer shall make efforts necessary to destroy Class II specific substances prescribed by Presidential Decree that are generated and emitted in the process of manufacturing specific substances. <Added on Oct. 18, 2022>

(3) The criteria and methods of destruction of specific substances under paragraphs (1) and (2) shall be prescribed by Decree of the Ministry of Trade, Industry and Resources. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 18, 2022; Oct. 1, 2025>

[Title Amended on Oct. 18, 2022]

Article 13(Approval of sales plan) #

A person who intends to sell specific substances manufactured or imported shall establish the sales plan which includes the usage of the specific substances by type, type of business consumers and sales methods, and then obtain approval from the Minister of Trade, Industry and Resources, as prescribed by Decree of the Ministry of Trade, Industry and Resources. The same shall apply in the case of modifying the details of approved matters. <Amended on Jan. 17, 2008; Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

Article 14(Adjustment of supply and demand) #

(1) Where the Minister of Trade, Industry and Resources deems that changes in the domestic or foreign circumstances for supply and demand of specific substances, or disruption, etc. in the distribution flow of such substances, impede or are likely to impede the smooth operation of the national economy, he or she may order a manufacturer or an importer to adjust the following matters: <Amended on Feb. 29, 2008; Mar. 30, 2011; Mar. 23, 2013; Jan. 21, 2014; Oct. 1, 2025>

1. Matters on the permitted manufacturing quantity of specific substances;

2. Matters on the importation of specific substances;

3. Matters on the sales plans for specific substances;

4. Matters on the sales prices of specific substances.

(2) Matters necessary for adjustment under paragraph (1) shall be prescribed by Presidential Decree.

Article 15(Revocation of permission for manufacturing quantity) #

(1) Where a manufacturer has obtained permission for the manufacturing quantity under Article 9(1) or for the increase in the manufacturing quantity under Article 10 by fraud or other improper means, the Minister of Trade, Industry and Resources shall revoke such permission. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 21, 2014; Oct. 1, 2025>

(2) Where a manufacturer has obtained the confirmation of destruction under Article 12(1) by fraud or other improper means, the Minister of Trade, Industry and Resources shall reduce the volume confirmed. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 21, 2014; Oct. 18, 2022; Oct. 1, 2025>

Article 16(Efforts of users of specific substances) #

Any person who operates his or her business by using specific substances (hereinafter referred to as "user") shall endeavor to control the emissions of such substances and to rationalize the use of such substances.

Article 17(Public announcement of guidelines for control on emission and rationalization of use) #

Where the Minister of Trade, Industry and Resources or the Minister of Climate, Energy and Environment deems it necessary for the implementation of Vienna Convention for the Protection of the Ozone Layer and the Protocol, he or she shall determine and publicly announce guidelines for control on the emissions and rationalization of the use of specific substances. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

Article 18(Observations of ozone layer) #

(1) The Minister of Climate, Energy and Environment shall make observations on the state of the ozone layer and atmospheric state of important greenhouse gases which bring on the global warming effects, and publicly announce the results. <Amended on Feb. 29, 2008; Oct. 1, 2025>

(2) The Minister of Climate, Energy and Environment shall make observations on the state of changes in the concentration of specific substances in the atmosphere and publicly announce the results. <Amended on Oct. 1, 2025>

Article 19(Research and study) #

The Government shall research and study the effects of specific substances on the ozone layer and the climatic effects of its modifications, and publicize the results.

Article 20(Assistance from government) #

The Government may provide financial, administrative, or taxational assistance necessary to develop alternative substances, to develop and use the facilities which are helpful to the control of emission and the rationalization of the use of specific substances, and to promote the implementation of guidelines under Article 17.

Article 21 #

Deleted. <Dec. 23, 2014>

Article 22 #

Deleted. <Dec. 23, 2014>

Article 23 #

Deleted. <Dec. 23, 2014>

Article 24 #

Deleted. <Dec. 23, 2014>

Article 24-2(Imposition and collection of charges for manufacturing or importing specific substances) #

The Minister of Trade, Industry and Resources may impose and collect charges for manufacturing or importing specific substances (hereinafter referred to as "charges") from manufacturers and importers in order to finance projects specified in the subparagraphs of Article 37-5(2) of the Industrial Technology Innovation Promotion Act. <Amended on Mar. 23, 2013; Dec. 23, 2014; Oct. 1, 2025>

[This Article Added on Mar. 30, 2011]

Article 24-3(Exemption from and refund of charges) #

(1) Where a specific substance falls under any of the following subparagraphs, the Minister of Trade, Industry and Resources shall not impose any charge on such substance: <Amended on Mar. 23, 2013; Oct. 1, 2025>

1. Where it is exported, or sold or imported for use as a raw material to earn foreign currency (hereinafter referred to as "raw material to earn foreign currency");

2. Where it is sold or imported as a raw material to manufacture a specific substance;

3. Where it is sold or imported as a raw material to manufacture a material that does not deplete the ozone layer;

4. Where exemption from charges is deemed necessary, as prescribed by Presidential Decree.

(2) Where a specific substance exempt from charges under paragraph (1) is sold or imported for any of the following purposes, but is not used for such purpose, the amount exempt from charges shall be reimbursed to the account for the rational use of specific substances of the Fund for the Promotion of Development and Commercialization of Industrial Technology referred to in Article 37-2 of the Industrial Technology Innovation Promotion Act: <Amended on Dec. 23, 2014>

1. A raw material to earn foreign currency;

2. A raw material to manufacture a specific substance;

3. A raw material to manufacture a material that does not deplete the ozone layer;

4. A raw material for a use prescribed by Presidential Decree as that for which exemption from charges is deemed necessary.

(3) Where a specific substance, the charges of which are paid falls under any of the following subparagraphs, the Minister of Trade, Industry and Resources shall refund the charges already paid: <Amended on Mar. 23, 2013; Oct. 1, 2025>

1. Where it is used as a raw material to earn foreign currency;

2. Where it is used as a raw material to manufacture a specific substance;

3. Where it is used as a raw material to manufacture a material that does not deplete the ozone layer;

4. Where the refund of charges is deemed necessary as prescribed by Presidential Decree.

[This Article Added on Mar. 30, 2011]

Article 24-4(Standards for calculation of charges) #

(1) An amount of charges shall be calculated by multiplying a charge per kilogram of each specific substance determined and publicly notified by the Minister of Trade, Industry and Resources by the quantity of relevant specific substance being manufactured, sold, or imported. <Amended on Oct. 1, 2025>

(2) The formula for calculating a charge per kilogram of each specific substance under paragraph (1) shall be prescribed by Presidential Decree taking into account the ozone depletion potential and the global warming potential of each specific substance and the following matters:

1. Current status of the supply of and demand for specific substances and alternative substances;

2. Current status of the prices of specific substances and alternative substances;

3. Current status of the development of other alternative substances and of technology for the use thereof.

[This Article Wholly Amended on Oct. 18, 2022]

Article 24-5(Methods of collecting charges) #

(1) Persons on whom charges are to be imposed pursuant to Article 24-2 shall pay charges according to the following classifications:

1. Manufacturers: To pay charges on specific substances (excluding those imported and sold by manufacturers; those used in person by manufacturers shall be deemed to have been sold) manufactured and sold each month by not later than the 15th of the following month;

2. Importers: To pay charges on the relevant specific substance by not later than the date of customs clearance whenever specific substances are imported.

(2) The Minister of Trade, Industry and Resources may allow the payment of charges by installments, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Oct. 1, 2025>

(3) If a person liable to pay charges fails to pay such charges by the deadline for payment under paragraph (1), the Minister of Trade, Industry and Resources shall issue a reminder specifying a period of up to 10 days within ten days from the payment deadline. <Amended on Mar. 23, 2013; Oct. 1, 2025>

(4) If a person liable to pay charges fails to pay the charges by the deadline for payment, the Minister of Trade, Industry and Resources may impose additional charges prescribed by Presidential Decree within 3/100 of the charges unpaid for the period from the date immediately following the deadline for payment to the date of payment. <Amended on Mar. 23, 2013; Oct. 18, 2022; Oct. 1, 2025>

(5) If a person liable to pay charges fails to pay the charges and additional charges under paragraph (4) by the specified deadline after receiving a reminder under paragraph (3), the Minister of Trade, Industry and Resources may collect the charges and additional charges in the same manner as national taxes are compulsorily collected. <Amended on Mar. 23, 2013; Oct. 18, 2022; Oct. 1, 2025>

(6) Except as provided in paragraphs (1) through (5), matters necessary for the imposition, collection, etc. of charges shall be prescribed by Presidential Decree.

[This Article Added on Mar. 30, 2011]

Article 24-6(Raising of objections against charges) #

Matters regarding raising objections against charges imposed under Article 24-2 shall be governed by Article 36 of the Framework Act on Administration.

[This Article Wholly Amended on Mar. 10, 2026]

Article 25(Reporting and inspections) #

(1) Where the Minister of Trade, Industry and Resources deems it necessary for the enforcement of this Act, he or she may require manufacturers, importers, persons who have obtained approval for exporting specific substances under Article 11-2 (hereinafter referred to as "exporters") or users, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 30, 2011; Mar. 23, 2013; Jan. 21, 2014; Oct. 1, 2025>

(2) In any of the following cases, the Minister of Trade, Industry and Resources may charge the public officials under his or her control to inspect books of account, documents or other things in the offices, factories or other places of business of manufacturers, importers, exporters or users. In such case, the relevant public officials may collect specific substances to the minimum extent necessary for inspection, without compensation therefor: <Amended on Feb. 29, 2008; Mar. 30, 2011; Mar. 23, 2013; Jan. 21, 2014; Oct. 1, 2025>

1. Where he or she deems that a falsity exists in an application for or report on permission or approval under Article 4, 9, 10, 11, 11-2 or 13, or in a report under Article 12 or paragraph (1) of this Article;

2. Where he or she suspects that specific substances are manufactured, imported, exported or sold without obtaining permission or approval or without submitting a report thereon under Article 4, 9, 10, 11, 11-2 or 13;

3. Where he or she deems that specific substances are manufactured, imported, exported or sold in excess of the manufacturing quantity, import volume, export volume or sales volume that is permitted, approved or reported under Article 9, 10, 11, 11-2 or 13.

(3) In conducting an inspection under paragraph (2), the inspection plan including the scheduled date and time of, grounds for, and details of the inspection shall be notified to the persons subject to such inspection by not later than seven days before the inspection; provided, the same shall not apply where it is deemed that an urgent inspection is necessary or any prior notification might result in the destruction of any evidence to make it impossible to attain the objectives of such inspection.

(4) The Minister of Trade, Industry and Resources shall notify persons subject to inspection of the results of the inspection under paragraph (2). <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(5) A public official who conducts an inspection under paragraph (2) shall carry a certificate indicating his or her authority and present it to the relevant parties.

Article 26(Hearings) #

Where the Minister of Trade, Industry and Resources intends to make a disposition falling under any of the following subparagraphs, he or she shall hold a hearing: <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

1. Revocation of permission for the manufacturing business under Article 7;

2. Revocation of permission under Article 15(1).

Article 27(Delegation and entrustment of authority) #

As prescribed by Presidential Decree, the Minister of Trade, Industry and Resources may delegate part of his or her authority under this Act to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or the Governor of a Special Self-Governing Province, or entrust part of his or her authority to the heads of the relevant administrative agencies, corporations or entities designated by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

Article 28(Penalty provisions) #

Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. In such case, imprisonment with labor and a fine may be imposed concurrently: <Amended on Jan. 17, 2008; Dec. 2, 2016>

1. A person who operates the manufacturing business without obtaining permission or permission for modification, or obtains permission or permission for modification by fraud or other improper means in violation of the main clause of Article 4(1);

2. A person who manufactures specific substances without obtaining permission in violation of the main clause of Article 9(1);

3. A person who manufactures specific substances in excess of the permitted manufacturing quantity without obtaining permission in violation of Article 10(1);

4. A person who imports specific substances without obtaining permission or permission for modification in violation of Article 11(1).

Article 29(Penalty provisions) #

Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won. In such case, imprisonment with labor and a fine may be imposed concurrently: <Amended on Jan. 21, 2014; Dec. 2, 2016>

1. A person who exports specific substances without obtaining approval of export under Article 11-2 or in a way not stated in the approved matters;

2. A person who sells specific substances without obtaining approval of the sales plan under Article 13 or in a way not stated in the approved sales plan;

3. A person who violates the order for adjustments under Article 14.

Article 30(Penalty provisions) #

Any of the following persons shall be punished by a fine not exceeding five million won: <Amended on Oct. 18, 2022>

1. A person who obtains confirmation of destruction under Article 12(1) by fraud or other improper means;

2. A person who fails to submit a report in accordance with Article 25(1) or submits a false report;

3. Deleted. <Mar. 18, 2009>

Article 31(Joint penalty provisions) #

Where the representative of a corporation, or agent, employee, or other servant of a corporation or individual commits a violation under Articles 28 through 30 in connection with the businesses of the corporation or the individual, in addition to the punishment of such violator, the corporation or individual shall be punished by a fine under each relevant Article; provided, where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such violation, this shall not apply.

[This Article Wholly Amended on Dec. 26, 2008]

Article 32(Administrative fines) #

(1) Any of the following persons shall be subject to an administrative fine of not more than five million won: <Amended on Oct. 18, 2022>

1. A person who fails to file a report under Article 6(3) or submits a false report;

2. A person who refuses, obstructs, or evades an inspection or collection under Article 25(2).

(2) Any of the following persons shall be subject to an administrative fine of not more than three million won: <Amended on Mar. 18, 2009; Oct. 18, 2022>

1. A person who fails to submit a report under the proviso to Article 4(1) or submits a false report;

2. Deleted; <Oct. 18, 2022>

3. A person who fails to submit a report under Article 8 or submits a false report;

4. A person who fails to submit a report under Article 9(2) or submits a false report.

(3) Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of Trade, Industry and Resources, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 18, 2009; Mar. 23, 2013; Oct. 18, 2022; Oct. 1, 2025>

(4) Deleted. <Mar. 18, 2009>

(5) Deleted. <Mar. 18, 2009>