ENFORCEMENT DECREE OF THE CHEMICAL SUBSTANCES CONTROL ACT

Article 1(Purpose) #

The purpose of this Decree is to prescribe matters mandated by the Chemical Substances Control Act and matters necessary for the enforcement thereof.

Article 2(Standards for Designation of Toxic Substances) #

"Standards prescribed by Presidential Decree" in subparagraph 2 of Article 2 of the Chemical Substances Control Act (hereinafter referred to as the "Act") means standards specified in attached Table 1 of the Enforcement Decree of the Act on Registration and Evaluation of Chemical Substances. <Amended on Jul. 6, 2016>

Article 2-2(Support for Small and Medium Enterprises) #

"Matters prescribed by Presidential Decree" in Article 4 (4) 3 of the Act means the following:

1. Safety education on hazardous chemical substances for small and medium enterprises;

2. Projects for cooperation between large enterprises and small and medium enterprises regarding safety control of chemical substances;

3. Selection of outstanding small and medium enterprises regarding safety control of chemical substances, and publicity of exemplary cases.

[This Article Newly Inserted on Jul. 6, 2016]

Article 3(Matters to Be Deliberated by Chemical Substances Control Committee) #

(1) The Chemical Substances Control Committee under Article 7 (1) of the Act (hereinafter referred to as the "Control Committee") shall deliberate on the following:

1. Matters concerning the formulation and alteration of a basic plan under Article 6 (2) of the Act;

2. Matters concerning the organization and operation of expert committees on each field (hereinafter referred to as "expert committee") under Article 7 (6) of the Act;

3. Matters concerning the cancellation of an order to suspend the manufacture, importation, etc. of hazardous chemical substances under Article 17 (5) of the Act;

4. Matters concerning the designation and public notification of substances requiring preparation for accidents under Article 39 of the Act;

5. Matters concerning the designation and management of areas requiring special management of chemical accidents under Article 47 of the Act;

6. Matters concerning chemical substances subject to the survey of the volume of discharges under Article 6;

7. Matters concerning the safety control of chemical substances;

8. Matters concerning preparation for and response to chemical accidents;

9. Matters concerning the control, etc. of hazardous or risky chemical substances;

10. Matters concerning substances that can replace hazardous chemical substances;

11. Matters concerning the implementation of international agreements related to chemical substances and international cooperation related thereto;

12. Other matters referred to deliberation by the Minister of Environment in relation to the control, etc. of chemical substances.

(2) The Minister of Environment shall appoint or commission members of the Control Committee from among the following persons: <Amended on May 8, 2017; Jul. 26, 2017; Nov. 27, 2018; Sep. 29, 2020>

1. Public officials of the Ministry of the Interior and Safety, the Ministry of Trade, Industry and Energy, the Ministry of Environment, the Ministry of Employment and Labor, and the Ministry of SMEs and Startups;

2. Public officials of the National Institute of Environmental Research and the National Institute of Chemical Safety;

Article 4(Organization and Operation of Expert Committees) #

(1) The following expert committees shall be established pursuant to Article 7 (6) of the Act: <Amended on Nov. 27, 2018>

1. Committee on safety control of chemical substances;

2. Committee on prevention of and response to chemical accidents;

3. Committee on safety control of handling facilities.

(2) Each expert committee shall be composed of not more than 10 members including one chairperson, in consideration of gender.

(3) The chairperson of each expert committee shall be appointed or commissioned by the Chairperson of the Control Committee from among those who have extensive knowledge and experience in the relevant field.

(4) Members of each expert committee shall be appointed or commissioned by the Minister of Environment from among members of the Control Committee or experts in the relevant field.

(5) The chairperson of each expert committee shall report matters discussed by each expert committee to the Control Committee.

(6) Except as provided in paragraphs (1) through (5), matters necessary for the organization, operation, etc. of expert committees shall be determined by the Chairperson of the Control Committee following the resolution made by the Control Committee.

Article 5(Policies or Plans Subject to Consultation) #

"Policies or plans prescribed by Presidential Decree" in Article 8 of the Act means any of the following: <Amended on Mar. 29, 2017>

1. A nationwide plan concerning a system for responding to chemical accidents;

2. A plan concerning the establishment and amendment of risk assessment and testing methods of chemical substances;

3. A plan concerning the development, use, etc. of substances to replace hazardous chemical substances;

4. A policy concerning the safe transport and storage of dangerous goods under Article 28 of the Traffic Safety Act, Article 41 of the Ship Safety Act, and Article 70 of the Aviation Safety Act.

Article 6(Chemical Substances Subject to Survey of Volume of Discharges) #

"Chemical substances prescribed by Presidential Decree" in Article 11 (1) of the Act means any of the following chemical substances: <Amended on Jan. 16, 2018>

1. Hazardous chemical substances;

2. Hazardous chemical substances among air pollutants under subparagraph 1 of Article 2 of the Clean Air Conservation Act;

3. Volatile organic compounds under subparagraph 10 of Article 2 of the Clean Air Conservation Act;

4. Chemical substances among water pollutants under subparagraph 7 of Article 2 of the Water Environment Conservation Act;

5. Chemical substances having carcinogenic properties, genotoxicity, reproductive toxicity, etc. designated by an international professional institution or international organization, the survey of which is deemed necessary by the Minister of Environment to protect the public health and the environment following deliberations by the Control Committee.

Article 7(Exceptions to Disclosure of Information on Handling of Chemical Substances) #

"Grounds prescribed by Presidential Decree, such as where an administrative appeal or administrative lawsuit is pending in relation to the violation" in the proviso of Article 12 (2) of the Act means any of the following cases:

1. Where an administrative appeal (including a special administrative appeal under other statutes) or administrative lawsuit is pending in relation to a violation;

2. Where it is prescribed that information on the handling of chemical substances shall be kept confidential or shall not be disclosed pursuant to other statutes or an order mandated by other statutes (limited to the Rules of the National Assembly, the Rules of the Supreme Court, the Rules of the Constitutional Court, the Rules of the National Election Commission, Presidential Decrees, and municipal ordinances).

Article 8(Procedures for Requesting Cancellation of Suspension of Manufacture and Importation of Hazardous Chemical Substances) #

(1) Where any business entity requests the Minister of Environment to fully or partially cancel the suspension of the manufacture, importation, etc. of hazardous chemical substances because he or she has an objection to the relevant suspension pursuant to Article 17 (4) of the Act, he or she shall submit a written request for the cancellation of the suspension of the manufacture, importation, etc. of hazardous chemical substances (including a written request in an electronic form) prescribed by Ordinance of the Ministry of Environment to the Minister of Environment.

(2) The Minister of Environment, in receipt of a written request for the cancellation of the suspension of the manufacture, importation, etc. of hazardous chemical substances pursuant to paragraph (1), shall notify the relevant business entity as to whether he or she cancels the suspension of the manufacture, importation, etc. of hazardous chemical substances within 30 days from the date of receiving the written request, as prescribed by Ordinance of the Ministry of Environment.

Article 9(Chemical Substances Subject to Exclusion from Application of Permission) #

"Chemical substances prescribed by Presidential Decree" in Article 19 (2) 4 of the Act means substances subject to permission, not more than 100 kilograms of which are manufactured, imported, or used annually.

Article 10(Exemption from Permission to Import Restricted Substances and Import Declaration for Toxic Substances) #

Where a person falls under any of the following cases, he or she shall be exempt from import permission or import declaration specified in the relevant subparagraph, pursuant to Article 20 (3) of the Act:

1. Where the person intends to import reagents for experimental, research, or testing purposes that are restricted substances or toxic substances (including standard gas to be used for correction or measurement of measuring instruments) to use them for such purposes: Permission to import restricted substances under Article 20 (1) of the Act or import declaration for toxic substances under paragraph (2) of that Article;

2. Where the person intends to import toxic substances not exceeding 100 kilograms per year: Import declaration for toxic substances under Article 20 (2) of the Act;

3. Where the person intends to import chemical substances that are both restricted substances and toxic substances (limited to the cases where he or she obtains permission to import restricted substances under Article 20 (1) of the Act): Import declaration for toxic substances under Article 20 (2) of the Act.

[This Article Wholly Amended on Nov. 15, 2022]

Article 11(Hallucinogenic Substances) #

"Substances prescribed by Presidential Decree" in Article 22 (1) of the Act means any of the following substances: <Amended on Aug. 1, 2017>

1. Toluene, ethyl acetate, or methyl alcohol;

2. Thinner (referring to a solvent used to reduce the viscosity of paint), adhesives, balloons, or paint containing any substance under subparagraph 1;

3. Butane gas;

4. Nitrous oxide (excluding its use for medical purposes).

Article 12(Supervisors of Hazardous Chemical Substances) #

(1) Kinds of hazardous chemical substance supervisors under Article 32 (1) of the Act shall be as follows:

1. A chief hazardous chemical substance supervisor;

2. An inspector for the control of hazardous chemical substances.

(2) Any hazardous chemical substances supervisor shall be any of the following persons: <Amended on Oct. 4, 2023>

1. A person qualified as a professional chemical safety engineer, professional chemical engineer, professional gas engineer, professional air control engineer, professional water quality control engineer, professional waste treatment engineer, professional industrial hygiene control engineer, or professional surface treatment engineer under the National Technical Qualifications Act;

1-2. A person qualified as a gas master craftsman, hazardous materials master craftsman, or surface treatment master craftsman under the National Technical Qualifications Act;

2. A person qualified as a chemical engineer, precision chemistry engineer, explosives manufacturing engineer, environmental risk management engineer, chemical analysis engineer, industrial safety engineer, gas engineer, aquatic environmental engineer, air environmental engineer, waste treatment engineer, or industrial hygiene control engineer under the National Technical Qualifications Act;

3. A person qualified as an explosives manufacturing industrial engineer, industrial safety industrial engineer, aquatic environmental industrial engineer, air environmental industrial engineer, waste treatment industrial engineer, hazardous materials industrial engineer, gas industrial engineer, or industrial hygiene control industrial engineer, or surface treatment industrial engineer under the National Technical Qualifications Act;

4. A person qualified as a gas technician, environmental technician, hazardous materials technician, chemical analysis technician, or surface treatment technician under the National Technical Qualifications Act;

5. A person who has completed a course of study related to chemistry in at least a junior college under the Higher Education Act, who has received at least 32 hours of safety education on hazardous chemical substances under Article 33 of the Act;

6. A person who has graduated from a high school tailored to industry demand under Article 90 (1) 10 of the Enforcement Decree of the Elementary and Secondary Education Act and a department related to chemistry of a specialized high school under Article 91 (1) of the Enforcement Decree of the aforesaid Act, who has received at least 32 hours of safety education on hazardous chemical substances under Article 33 of the Act;

Article 13(Persons in Charge of Handling Hazardous Chemical Substances) #

"Persons in charge of handling hazardous chemical substances prescribed by Presidential Decree" in Article 33 (1) of the Act means any of the following persons: <Amended on Mar. 30, 2021>

1. A person directly handling hazardous chemical substances who is employed by a hazardous chemical substance business operator;

2. A person in charge of preparing a plan for the prevention and management of chemical accidents under Article 23 (1) of the Act;

3. A person directly handling hazardous chemical substances who is a contractor under Article 31 (1) of the Act or who is employed by the contractor;

4. Other persons publicly notified by the Minister of Environment as deemed necessary to prevent chemical accidents.

Article 13-2(Request for Taxation Information for Suspension or Closure of Business) #

(1) The Minister of Environment may, pursuant to Article 34 (4) of the Act, request the head of the competent tax office to provide taxation information necessary for ascertaining the current status of suspension or closure of the business of a hazardous chemical business operator, such as trade name, location of place of business, duration of business suspension, or date of business closure, and the grounds therefor, of the hazardous chemical business operator who reported business suspension or closure pursuant to Article 8 (7) of the Value-Added Tax Act.

(2) Where the Minister of Environment requests the head of the competent tax office to provide taxation information pursuant to paragraph (1), he or she shall specify the business registration number of the relevant hazardous chemical business operator.

[This Article Newly Inserted on Nov. 19, 2021]

Article 14(Criteria for Imposing Penalty Surcharges in Lieu of Suspension of Business) #

Criteria for imposing penalty surcharges under Article 36 of the Act shall be as specified in attached Table 1.

Article 15(Imposition and Payment of Penalty Surcharges) #

(1) Where the Minister of Environment intends to impose a penalty surcharge pursuant to Article 36 (1) of the Act, he or she shall give a written notice of payment of penalty surcharges, specifically specifying the type of violation, the amount of the relevant penalty surcharge, etc.

(2) Any person who receives a notice under paragraph (1) shall pay a penalty surcharge to a receiving institution designated by the Minister of Environment within 30 days from the date of receiving such notice: Provided, That where such person is unable to pay the penalty surcharge due to a natural disaster or other unavoidable circumstances, he or she shall pay the penalty surcharge within 15 days from the date such circumstance ceases to exist.

(3) A receiving institution that receives penalty surcharges pursuant to paragraph (2) shall issue receipts to payers.

(4) Where a receiving institution receives penalty surcharges pursuant to paragraph (2), the institution shall immediately notify the Minister of Environment thereof.

Article 16(Disposition against Persons Who Fail to Pay Penalty Surcharges) #

(1) Where any person who should pay a penalty surcharge pursuant to Article 36 (1) of the Act fails to pay the penalty surcharge by a deadline for payment, the Minister of Environment shall issue a reminder within 15 days after the deadline for payment expires. In such cases, the deadline for payment shall be within 10 days from the date the reminder is issued.

(2) Where any person who fails to pay a penalty surcharge pursuant to paragraph (1) fails to pay the penalty surcharge by a deadline for payment though he or she has received a reminder, the Minister of Environment shall collect the penalty surcharge in the same manner as delinquent national taxes are collected.

Article 17(Designation and Public Notification of Substances Requiring Preparation for Accidents) #

Where the Minister of Environment intends to designate and publicly announce substances requiring preparation for accidents pursuant to Article 39 of the Act, he or she shall undergo deliberations by the Control Committee after hearing the opinion from the Chemical Substances Assessment Committee under Article 7 of the Act on Registration and Evaluation of Chemical Substances.

Article 18(Chemical Accident Investigation Squad) #

(1) A chemical accident investigation squad (hereinafter referred to as "chemical accident investigation squad") under Article 45 (2) of the Act shall be comprised of not more than 20 experts in the private sector and public officials of the relevant agencies including the head thereof.

(2) The Minister of Environment shall determine constituent members of the chemical accident investigation squad, the timing and period for investigation, etc. in consideration of the type of a chemical accident, the scale of damage, and the conditions of the scene of the chemical accident.

(3) The head of a chemical accident investigation squad shall preside over affairs concerning the chemical accident investigation squad and direct and supervise the members under his or her jurisdiction.

(4) The Minister of Environment may pay allowances and travel expenses to the head and constituent members of the chemical accident investigation squad within budgetary limits: Provided, That the foregoing shall not apply where the head or a constituent member of the chemical accident investigation squad, who is a public official, participates in the activities of the chemical accident investigation squad in relation to his or her business affairs.

(5) The chemical accident investigation squad may request the heads of relevant institutions to provide data necessary to conduct investigation activities. In such cases, the head of any institution, in receipt of a request, shall provide necessary data, unless there is a compelling reason not to do so.

(6) Where the chemical accident investigation squad has conducted investigation of the impact under Article 45 (1) of the Act, it shall immediately report the results of its investigation to the Minister of Environment.

Article 19(Designation of Areas Requiring Special Management of Chemical Accidents) #

(1) Where the Minister of Environment intends to designate an area requiring special management of chemical accidents (hereinafter referred to as "area requiring special management") under Article 47 (1) of the Act, he or she shall undergo deliberations by the Control Committee and consultations with the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") having jurisdiction over the relevant area requiring special management.

(2) Where the Minister of Environment has designated an area requiring special management pursuant to Article 47 (1) of the Act, he or she shall publicly announce boundaries, etc. of the area requiring special management and notify without delay such fact to the Mayor/Do Governor having jurisdiction over the relevant area requiring special management.

Article 20(Methods of Providing Information on Safety Control of Chemical Substances) #

The Minister of Environment shall provide information related to the safety control, etc. of chemical substances under Article 48 (2) of the Act to persons who handle chemical substances, relevant agencies that respond to chemical accidents, or the public through publications, the website, etc.

Article 20-2(Request for Data on Importation of Chemical Substances) #

(1) The Minister of Environment may request the Commissioner of the Korea Customs Service to provide the following data pursuant to the former part of Article 48-3 of the Act: <Amended on Nov. 15, 2022>

1. Data on the importers, such as trade name and the name of the representative of a person who makes an import declaration for chemical substances pursuant to Article 241 (1) of the Customs Act;

2. Data related to the names, quantities, etc. of chemical substances declared pursuant to Article 241 (1) of the Customs Act, which are determined by the Minister of Environment in consultation with the Commissioner of the Korea Customs Service.

(2) Matters necessary for the timing and method of providing data under paragraph (1) shall be determined by the Minister of Environment in consultation with the Commissioner of the Korea Customs Service.

[This Article Newly Inserted on Nov. 19, 2021]

Article 21(Period of Data Protection) #

(1) The Minister of Environment shall not disclose data that he or she has received pursuant to the main clause, with the exception of the subparagraphs, of Article 52 (1) of the Act for five years: Provided, That where any person who has submitted data applies for extension of the period of data protection, as prescribed by Ordinance of the Ministry of Environment, the Minister of Environment may allow the extension of the period of data protection for each five years but not more than twice.

(2) "Data prescribed by Presidential Decree" in Article 52 (1) 3 of the Act means any of the following data which does not constitute trade secrets under subparagraph 2 of Article 2 of the Unfair Competition Prevention and Trade Secret Protection Act:

1. The commercial name of a chemical substance or data concerning the name of the product;

2. Data concerning the usages of a chemical substance;

3. Data concerning the safe use of chemical substances, such as handling precautions or disposal methods;

4. Data concerning methods for responding to the occurrence of a chemical accident;

5. Data concerning physical or chemical properties of a chemical substance;

6. Summary data concerning the hazards of a chemical substance;

7. Summary data concerning the risk of a chemical substance;

8. Data concerning the volume of chemical substance discharges into the environment;

9. Other data publicly notified by the Minister of Environment, as he or she deems that the disclosure of such data is necessary to protect human health and the environment.

Article 22(Delegation and Entrustment of Authority) #

(1) The Minister of Environment shall delegate the following authority to the President of the National Institute of Chemical Safety pursuant to Article 55 (1) of the Act: <Amended on Jul. 6, 2016; May 8, 2017; Nov. 27, 2018; Nov. 26, 2019; Mar. 30, 2021>

1. Analyzing the details of statistical surveys of chemical substances under Article 10 of the Act;

2. Analyzing the details of surveys of the volumes of chemical substance discharges under Article 11 of the Act;

2-2. Receiving a chemical release reduction plan under Article 11-2 (1) of the Act;

2-3. Reviewing a chemical release reduction plan and notifying the relevant submitter as to whether it is appropriate under Article 11-2 (2) of the Act;

2-4. Requesting the amendment or supplementation of a chemical release reduction plan under Article 11-2 (3) of the Act and receiving the amended or supplemented chemical release reduction plan;

2-5. Receiving requests for non-disclosure of a chemical release reduction plan under Article 11-2 (4) of the Act;

2-6. Providing a chemical release reduction plan to the heads of local governments under the main clause of Article 11-2 (5) of the Act;

2-7. Recognizing the necessity for non-disclosure of a chemical release reduction plan under the proviso of Article 11-2 (5) of the Act;

2-8. Disclosing the survey results of chemical substances and information, etc. under Article 12 of the Act;

2-9. Publicly notifying specific types of and standards, etc. for personal protective gear under Article 14 of the Act;

3. Receiving a plan for the prevention and management of chemical accidents, notifying whether the relevant facilities are adequate, and conducting an on-site investigation under Article 23 of the Act;

3-2. Inspecting whether a plan for the prevention and management of chemical accidents is implemented and issuing an order to take measures under Article 23-2 of the Act;

3-3. Providing related data under the former part of Article 23-4 (2) of the Act;

4. Formulating standards for layout, installation, and management of handling facilities under Article 24 of the Act;

5. Managing safety education on hazardous chemical substances, etc. under Article 33 of the Act;

Article 23(Reporting Following Delegation or Entrustment of Authority) #

Where the President of the National Institute of Chemical Safety, the head of a regional environmental agency, the President of the Korea Environment Corporation, or the chairperson of the Association has conducted affairs delegated or entrusted to him or her pursuant to Article 22, he or she shall report the details thereof to the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment. <Amended on May 8, 2017>

Article 23-2(Management of Personally Identifiable Information) #

The Minister of Environment (including persons delegated with authority of the Minister of Environment under Article 22 (2)) may manage the data which contain resident registration numbers, passport numbers, or alien registration numbers specified in subparagraph 1, 2, or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is essential to perform the affairs related to permission to conduct hazardous chemical substance business, permission for changes, or report on changes under Article 28 of the Act. <Amended on Sep. 29, 2020>

[This Article Newly Inserted on Mar. 27, 2017]

Article 24(Criteria for Imposition of Administrative Fines) #

Criteria for the imposition of administrative fines under Article 64 (1) and (2) of the Act shall be as specified in attached Table 2.

Article 25 #

Deleted. <Oct. 4, 2023>