ENFORCEMENT DECREE OF THE ACT ON THE TRANSBOUNDARY MOVEMENT OF HAZARDOUS WASTES AND THEIR DISPOSAL

Article 1(Purpose) #

The purpose of this Decree is to prescribe matters mandated by the Act on the Transboundary Movement of Hazardous Wastes and Their Disposal and matters necessary for the enforcement thereof. <Amended on Nov. 15, 2007; Dec. 31, 2009>

Article 2(Types of Wastes) #

(1) "Substances prescribed by Presidential Decree" in subparagraph 1 (a) of Article 2 of the Act on the Transboundary Movement of Hazardous Wastes and Their Disposal (hereinafter referred to as the "Act") means the following wastes: <Amended on Jul. 16, 2001; Nov. 15, 2007; Oct. 17, 2017; Dec. 31, 2019>

1. Wastes described in the Annex I or VIII of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (hereinafter referred to as the "Convention"), which have hazardous characteristics as prescribed in the Annex III;

1-2. Wastes described in the Annex II of the Convention;

2. Wastes on which the Republic of Korea reports to, or is reported from the Secretariat of the Convention under Articles 3 (1) through (3) and 11 of the Convention;

3. Wastes that are deemed to require regulation to ensure public health and protect the environment and thus publicly notified by the Minister of Environment, among the wastes prescribed in the Annex IX of the Convention.

(2) The waste items under the subparagraphs of paragraph (1) shall be publicly notified by the Minister of Environment after consultation with the Minister of Trade, Industry and Energy. <Amended on Nov. 15, 2007; Feb. 29, 2008; Mar. 23, 2013>

(3) "Substances prescribed by Presidential Decree" in subparagraph 1 (b) of Article 2 of the Act means substances determined and publicly notified by the Minister of Environment, which are industrial wastes under subparagraph 3 of Article 2 of the Wastes Control Act. <Newly Inserted on Oct. 17, 2017>

Article 3(Permission to Export Wastes Subject to Export or Import Restrictions) #

(1) A person who intends to obtain permission to export wastes subject to export or import restrictions pursuant to the former part of Article 6 (1) of the Act shall submit an application for permission to export wastes subject to export or import restrictions in attached Form 1 to the Minister of Environment, along with one copy of each of the following documents: <Amended on Dec. 23, 1994; Dec. 31, 1997; Feb. 28, 1998; Jul. 16, 2001; Nov. 15, 2007; Dec. 31, 2009; Dec. 30, 2016; Oct. 17, 2017; Dec. 31, 2019; Mar. 30, 2021; Sep. 27, 2022>

1. A copy of an export contract or purchase order stating that the relevant wastes subject to export or import restrictions are managed in an environmentally sound manner and the export price is indicated based on the free on board (F.O.B.);

2. A plan for transportation and storage of wastes subject to export or import restrictions, including the routes and means of transportation, name of carrier, schedule of transportation, and the place and schedule of storage;

2-2. A copy of a domestic transportation contract of wastes subject to export or import restrictions (to be attached only where the wastes are entrusted for transportation);

3. In cases of wastes publicly notified by the Minister of Environment pursuant to Article 2 (2), the test report on exported wastes subject to export or import restrictions that is issued by an agency designated and publicly notified by the Minister of Environment;

4. Deleted; <Dec. 31, 2009>

5. In cases of the export provided for in Article 6 (5) of the Act (hereinafter referred to as "package export"), the package export plan, in which the volume of export is recorded by the customs office at the place of clearance of the exported wastes subject to export or import restrictions, by the expected date of export or by the expected month of export;

5-2. Any of the following documents (in cases of package export, such documents may be substituted by any of the following documents regarding the export volume of the first expected month of export stated in a plan for package export): Provided, That an insurance policy or any other guarantee attached under subparagraph 7 with greater guarantee coverage shall be excluded herefrom:

(a) Documents substantiating the deposit of security money pursuant to Article 18-6 (1) 1 of the Act (hereinafter referred to as "a letter of security deposit");

(b) Documents substantiating the purchase of an insurance policy that guarantees the export or import of wastes under Article 18-6 (1) 2 of the Act (hereinafter referred to as "documents proving guarantee insurance coverage");

Article 4(Modification of Permission to Export Wastes Subject to Export or Import Restrictions) #

(1) Matters that require permission for modification, from among matters for which permission to export wastes subject to export or import restrictions has been granted pursuant to the latter part of Article 6 (1) of the Act, shall be as follows: <Amended on Oct. 17, 2017; Dec. 31, 2019; Sep. 29, 2020>

1. Modification of names, trade names, or the locations of places of business of exporters and importers of wastes subject to export or import restrictions;

2. Modification of the name, physical characteristics and state, and chemical composition of wastes subject to export or import restrictions;

3. Modification of the quantity of wastes subject to export or import restrictions;

4. Modification of the method of disposal of wastes subject to export or import restrictions, or the place for disposal;

5. Modification of the customs office or the competent authority of the State of import or transit.

(2) A person who intends to obtain approval of modification of permission to export wastes subject to export or import restrictions for reasons under the subparagraphs of paragraph (1) shall submit an application for approval of modification of permission to export wastes subject to export or import restrictions in attached Form 1 to the Minister of Environment along with one copy of each of the following documents: <Amended on Dec. 31, 1997; Feb. 28, 1998; Jul. 16, 2001; Dec. 30, 2016; Oct. 17, 2017>

1. The original of the export permit for wastes subject to export or import restrictions;

2. Documents proving the details of modification.

(3) Where the Minister of Environment receives an application for amendment of permission to export wastes subject to export or import restrictions pursuant to paragraph (2), he or she shall issue a permit for amendment to permission to export wastes subject to export or import restrictions in attached Form 1 pursuant to Article 3 (2), (3) and (5). <Newly Inserted on Dec. 31, 1997; Feb. 28, 1998; Jul. 16, 2001; Oct. 17, 2017>

[Title Amended on Oct. 17, 2017]

Article 5(Preparation of Export Movement Documents) #

(1) Export movement documents under Article 7 (1) of the Act shall be prepared in attached Form 2. <Amended on Oct. 17, 2017>

(2) Reports under Article 7 (2) of the Act shall be made in attached Form 3. <Amended on Jun. 21, 1999>

(3) Deleted. <Jun. 21, 1999>

[Title Amended on Jun. 21, 1999]

Article 6(Matters to Be Entered into Export Movement Documents) #

"Matters prescribed by Presidential Decree" in Article 8 (1) of the Act means the following cases where the relevant exported wastes subject to export or import restrictions are domestically transferred to others: <Amended on Oct. 17, 2017>

1. Trade name, address of the place of business, and contact address of a carrier;

2. Means of transportation.

[This Article Wholly Amended on Dec. 31, 2009]

Article 7 #

Deleted. <Jun. 21, 1999>

Article 8 #

Deleted. <Jun. 21, 1999>

Article 9(Permission to Import Wastes Subject to Export or Import Restrictions) #

(1) A person who intends to obtain permission to import wastes subject to export or import restrictions pursuant to the former part of Article 10 (1) of the Act shall submit an application for permission to import wastes subject to export or import restrictions in attached Form 4 to the Minister of Environment, along with one copy each of the following documents: <Amended on Dec. 31, 1997; Feb. 28, 1998; Jul. 16, 2001; Nov. 15, 2007; Dec. 31, 2009; Jul. 19, 2016; Dec. 30, 2016; Oct. 17, 2017; Jul. 2, 2019; Dec. 31, 2019; Sep. 29, 2020; Mar. 30, 2021; Sep. 27, 2022>

1. A copy of an import contract or purchase order stating that the relevant wastes subject to export or import restrictions are managed in an environmentally sound manner and the import price is the cost, insurance and freight (C.I.F.) price;

2. Any document specifying the characteristics and uses of the imported wastes subject to export or import restrictions;

3. A copy of a domestic transportation contract of wastes subject to export or import restrictions (to be attached only where the wastes are entrusted for transportation);

4. In cases of imports under the former part of Article 10 (6) of the Act (hereinafter referred to as "package import"), a package import plan stating the volume of import by the customs office at the place of clearance of the wastes subject to export or import restrictions, by the expected date of import, or by the expected month of import;

4-2. A letter of security deposit or documents proving guarantee insurance coverage (in cases of package export, such documents may be substituted by a letter of security deposit or documents proving guarantee insurance coverage regarding the export volume of the first expected month of export stated in the package export plan pursuant to subparagraph 4): Provided, That an insurance policy or any other guarantee attached under subparagraph 10 that has greater guarantee coverage shall be excluded herefrom;

5. A payment receipt of a fee for permission to import wastes subject to export or import restrictions under Article 20 (2);

6. A plan for disposal of wastes subject to export or import restrictions, including the routes and means of transportation, name of carrier, schedule of transportation, place and schedule of storage, and recycling and disposal methods;

6-2. A copy of a permit for waste disposal business (hereinafter referred to as "permit for waste disposal business") under Article 25 (8) of the Wastes Control Act of a person who intends to dispose of wastes subject to export or import restrictions or a document certifying that he or she has reported waste disposal (hereinafter referred to as "certificate of report on waste disposal") under Article 46 (1) of that Act;

Article 10(Deemed Requests for Consents to Import Wastes Subject to Export or Import Restrictions) #

In granting a permit for import of wastes subject to export or import restrictions under the former part of Article 10 (1) of the Act, if generators or exporters of the relevant wastes subject to export or import restrictions request the consent to import wastes subject to export or import restrictions through the competent authority of the State of export, the Minister of Environment shall deem that he or she has been requested to grant the consent to import wastes subject to export or import restrictions from the competent authority of the State of export of the relevant wastes subject to export or import restrictions pursuant to Article 10 (3) of the Act. <Amended on Dec. 31, 1997; Jun. 21, 1999; Jul. 16, 2001; Nov. 15, 2007; Oct. 17, 2017>

[Title Amended on Oct. 17, 2017]

Article 11(Modification of Permission to Import Relevant Wastes Subject to Export or Import Restrictions) #

(1) Matters that require permission for modification, from among matters for which the permission to import wastes subject to export or import restrictions has been granted, pursuant to the latter part of Article 10 (1) of the Act, shall be as follows: <Amended on Oct. 17, 2017; Dec. 31, 2019; Sep. 29, 2020>

1. Modification of names, trade names, or the locations of places of business of an importer and an exporter of wastes subject to export or import restrictions;

2. Modification of the name, physical characteristics and state, and chemical composition of wastes subject to export or import restrictions;

3. Modification of the quantity of wastes subject to export or import restrictions;

4. Modification of the method of disposal of wastes subject to export or import restrictions, or the place for disposal;

5. Modification of the domestic customs offices at the place of clearance or the domestic port of arrival;

6. Modification of the customs office or the competent authority of the State of export or the State of transit.

(2) A person who intends to obtain approval of modification of permission to import wastes subject to export or import restrictions for reasons under the subparagraphs of paragraph (1) shall submit an application for approval of modification of permission to import wastes subject to export or import restrictions in attached Form 4 to the Minister of Environment along with one copy of each of the following documents: <Amended on Dec. 31, 1997; Jun. 21, 1999; Jul. 16, 2001; Dec. 30, 2016; Oct. 17, 2017>

1. Original of the permit for import of wastes subject to export or import restrictions;

2. Documents proving the details of modification.

(3) Where the Minister of Environment receives an application for amendments to permission to import wastes subject to export or import restrictions pursuant to paragraph (2), he or she shall issue a permit for amendments to a permission for import of waste subject to export and import restrictions in attached Form 4 pursuant to Article 9 (2) and (5). <Amended on Oct. 17, 2017>

[Title Amended on Oct. 17, 2017]

Article 12(Preparation of Import Movement Documents) #

(1) Import movement documents under the former part of Article 11 of the Act shall be prepared in attached Form 5. <Amended on Oct. 17, 2017>

(2) Import movement documents under paragraph (1) shall be prepared at the time imported wastes subject to export or import restrictions are recognized as domestic articles and are then carried out of a bonded area under Article 154 of the Customs Act (including a place outside the boundary of a bonded area for which permission for storage is granted pursuant to Article 156 of that Act) or a free trade zone under subparagraph 1 of Article 2 of the Act on the Designation and Management of Free Trade Zones. <Amended on Dec. 29, 2000; Jul. 16, 2001; Nov. 15, 2007; Oct. 17, 2017>

[This Article Wholly Amended on Jun. 21, 1999]

[Title Amended on Oct. 17, 2017]

Article 13(Records of Import Movement Documents) #

"Matters prescribed by Presidential Decree" in Article 12 (1) of the Act means the following: <Amended on Oct. 17, 2017>

1. The trade name, address of the place of business, and contact address of a carrier;

2. Means of transportation.

[This Article Wholly Amended on Dec. 31, 2009]

Article 14 #

Deleted. <Jan. 28, 2014>

Article 15(Notice of Results of Disposal of Imported Wastes Subject to Export or Import Restrictions) #

Any person who completes the disposal of imported wastes subject to export or import restrictions pursuant to Article 14 of the Act shall serve a notice prepared in attached Form 7 with respect to the receipt of the relevant wastes subject to export or import restrictions and the results of their disposal on the competent authority of the State of export and the exporter, and submit a copy thereof to the Minister of Environment within 10 days from the date of completion of such disposal. <Amended on Oct. 17, 2017>

[This Article Wholly Amended on Jul. 16, 2001]

[Title Amended on Oct. 17, 2017]

Article 16 #

Deleted. <Dec. 31, 1998>

Article 17(Method of Packing and Attaching Marks) #

The method of packing wastes subject to export or import restrictions or the method of attaching marks to such package in accordance with Article 17 (1) of the Act, except as provided for by other statutes, such as the Ship Safety Act and the Aviation Safety Act, shall be in accordance with the standards contained in attached Table 1. <Amended on Nov. 15, 2007; Dec. 31, 2009; Sep. 17, 2010; Mar. 29, 2017; Oct. 17, 2017>

Article 17-2(Export or Import Declaration for Wastes Subject to Export and Import Control) #

(1) A person who intends to make an export declaration for wastes subject to export and import control under Article 18-2 (1) of the Act shall submit an export declaration for wastes subject to export and import control in attached Form 7-2 to the Minister of Environment, along with one copy each of the following documents: <Amended on Dec. 31, 2019; Sep. 29, 2020; Mar. 30, 2021; Sep. 27, 2022>

1. A copy of an export contract or purchase order in which the export price is specified as the Free on Board (FOB) price;

2. A plan for transportation and storage of wastes subject to export and import control, including the routes and means of transportation, name of carrier, schedule of transportation, and place and schedule of storage;

3. A copy of a contract for transportation of wastes subject to export and import control (the copy thereof shall be attached only in cases where the transportation of such wastes are entrusted and the wastes are transported);

4. Results of analysis of wastes subject to export and import control prepared by an institution specializing in analysis of wastes under the provisions, with the exception of the subparagraphs, of Article 17-2 (1) of the Wastes Control Act;

5. An export plan stating the volume of export by the customs office at the place of clearance of wastes subject to export and import control, by the expected date of export, or by the expected month of export (to be attached only where a declaration for export is filed pursuant to the former part of Article 18-2 (3) of the Act);

6. Photographs to check the types of wastes subject to export and import control;

7. A letter of security deposit or documents proving guarantee insurance coverage (where the wastes subject to export or import control are declared all at the same time, pursuant to the former part of Article 18-2 (3) of the Act, such documents may be substituted by a letter of security deposit or documents proving guarantee insurance coverage regarding the export volume of the first expected month of export stated in an export plan pursuant to subparagraph 5).

(2) A person who intends to file an import declaration to bring wastes subject to export and import control into the Republic of Korea under Article 18-2 (1) of the Act shall submit an import declaration for wastes subject to export and import control in attached Form 7-3 to the Minister of Environment, along with one copy of each of the following documents: <Amended on Jul. 2, 2019; Dec. 31, 2019; Sep. 29, 2020; Mar. 30, 2021; Sep. 27, 2022>

Article 17-3 #

Deleted. <Mar. 30, 2021>

Article 17-4(Affairs Using Electronic Information Processing Program) #

(1) "Affairs prescribed by Presidential Decree, such as reporting" in Article 18-4 (3) of the Act means the following affairs: <Amended on Oct. 17, 2017>

1. Submission of applications for permission to export wastes subject to export or import restrictions or of applications for permission for modification under Article 6 (1) of the Act;

2. Submission of reports on failure to export wastes subject to export or import restrictions under Article 7 (2) of the Act;

3. Submission of applications for permission to import wastes subject to export or import restrictions or of applications for permission for modification under Article 10 (1) of the Act;

4. Deleted; <Jan. 28, 2014>

5. Submission of the copies of documents stating the receipt of wastes subject to export or import restrictions and the results of the disposal thereof under Article 14 of the Act;

5-2. Submission of declarations for export, declarations for import or reports on modification in declarations for export or import of wastes subject to export and import control under Article 18-2 (1) and (2) of the Act;

5-3. Entering the current status, etc. of the export, import and disposal of wastes under the proviso, with the exception of the subparagraphs, of Article 21-2 of the Act in the electronic information processing program;

6. Submission of reports under Article 21-3 (1) of the Act;

7. Submission of reports or data under Article 22 (1) of the Act;

8. Submission of requests for the refund of fees for permission to export and import of wastes under Article 21 (2).

(2) Where the head of a relevant central administrative agency requests the Minister of Environment to allow him or her to check matters under the subparagraphs of paragraph (1) entered into the electronic information processing program pursuant to relevant Acts and subordinate statutes, the Minister of Environment may allow him or her to check the relevant matters in accordance with the methods determined and publicly notified by him or her. <Newly Inserted on Oct. 17, 2017>

[This Article Newly Inserted on Sep. 17, 2010]

[Moved from Article 12-3 <Oct. 17, 2017>]

Article 17-5(Entering Details of Transfer and Takeover of Exported and Imported Wastes) #

(1) "Information on the site of waste disposal prescribed by Presidential Decree, including the value of measurement, location information, and visual information" in the main clause, with the exception of the subparagraphs, of Article 18-5 (1) of the Act means the following information:

1. The value of the volume of wastes measured by a person who installs measurement facilities pursuant to the former part of Article 25 (3) of the Wastes Control Act, using the measuring facilities (hereinafter referred to as "value of measurement");

2. Location information and visual information collected and entered in accordance with the methods determined and publicly notified by the Minister of Environment to check the location and conditions of wastes on the site.

(2) Whenever exported or imported wastes are exported, imported, or disposed of pursuant to the main clause, with the exception the subparagraphs, of Article 18-5 (1) of the Act, matters to be entered into the electronic information processing program shall be as specified in attached Table 2.

[This Article Newly Inserted on Mar. 30, 2021]

Article 17-6(Designation of Depository Institution for Security Money) #

(1) The Minister of Environment may designate any of the following institutions or organizations as a depository institution for security money under Article 18-6 (1) 1 of the Act:

1. The Korea Environment Corporation under the Korea Environment Corporation Act (hereinafter referred to as the "Korea Environment Corporation");

2. A mutual aid association for the waste disposal business under Article 41 (1) of the Wastes Control Act;

3. A mutual aid association under Article 47 (1) of the Construction Waste Recycling Promotion Act.

(2) Upon designating a depository institution for security money pursuant to paragraph (1), the Minister of Environment shall post such designation on the website of the Ministry of Environment.

(3) The standards for calculating the security money or insurance amount, period of guarantee, etc. prescribed in Article 18-6 (1) of the Act shall be as specified in attached Table 4.

[This Article Newly Inserted on Mar. 30, 2021]

Article 18(Prohibitions on Export and Import) #

(1) The Minister of Environment shall, when he or she intends to take steps to prohibit or limit the export and import of wastes in accordance with Article 19 (1) of the Act, specify and publicly notify the lists of prohibited or limited items, methods of prohibition or limitation, the period of the prohibition or limitation, etc. <Amended on Dec. 23, 1994; Dec. 31, 1997; Feb. 28, 1998; Jul. 16, 2001>

(2) "Hazardous substances prescribed by Presidential Decree" in Article 19 (1) 2 of the Act means restricted substances under subparagraph 4 of Article 2 of the Chemicals Control Act. <Newly Inserted on Jul. 19, 2016>

(3) Wastes subject to prohibition of import under Article 19 (2) and (4) of the Act shall be any of the following wastes: <Amended on Mar. 31, 2020>

1. Wastes whose recycling shall be prohibited or restricted pursuant to Article 13-2 (2) of the Wastes Control Act;

2. Wastes deemed and publicly notified by the Minister of Environment as necessary to be prohibited for import for the proper management and facilitation of recycling of wastes generated in the Republic of Korea.

[Title Amended on Jul. 16, 2001]

Article 18-2(Nations to Which Export of Wastes Are Prohibited) #

Pursuant to Article 19 (3) of the Act, wastes prescribed in Article 2 (1) 1 of this Decree shall not be exported to other nations except the following: <Amended on Sep. 27, 2022>

1. Signatories to bilateral, multilateral, or regional agreements or arrangements under Article 11 of the Convention;

2. The member states of the Organization for Economic Cooperation and Development, the member states of the European Union, and Liechtenstein.

[This Article Newly Inserted on Jul. 16, 2001]

Article 19(Recording and Preservation of Books) #

(1) A person falling under any of the following subparagraphs shall keep books classified as follows and make records and preserve the books pursuant to the main clause, with the exception of the subparagraphs, of Article 21-2 of the Act:

1. Any person who has obtained permission to export wastes pursuant to Article 6 (1) of the Act or who has made a declaration for the export of wastes pursuant to Article 18-2 (1) of the Act: A book of the control of exported wastes in attached Form 8;

2. Any person who has obtained permission to import wastes pursuant to Article 10 (1) of the Act or who has made a declaration for the import of wastes pursuant to Article 18-2 (1) of the Act: A book of the control of imported wastes in attached Form 9;

3. Any person who has disposed of imported wastes pursuant to Article 18-3 (1) of the Act (only applicable to persons entrusted with the disposal of imported wastes): A book of the control of the entrusted disposal of imported wastes in attached Form 10 or 10-2.

(2) Books under paragraph (1) may be recorded and preserved in an electronic record medium.

[This Article Wholly Amended on Oct. 17, 2017]

Article 19-2(Submission of Reports) #

(1) A person falling under any of the following shall submit reports classified as follows to the head of the relevant agency who grants permission to export or import or the head of the relevant agency to whom he or she submits a declaration for export or import pursuant to Article 21-3 (1) of the Act:

1. Any person who has obtained permission to export wastes pursuant to Article 6 (1) of the Act or who has made a declaration for export of wastes pursuant to Article 18-2 (1) of the Act: A report on the result of the export of wastes in attached Form 11. In such cases, a person who has obtained permission to export wastes shall submit a copy of export movement documents or of a notice of completion of the disposal of wastes issued by the State of import;

2. Any person who has obtained permission to import wastes pursuant to Article 10 (1) of the Act or who has made a declaration for import of wastes pursuant to Article 18-2 (1) of the Act: A report on the result of the import of wastes in attached Form 12. In such cases, a person who has obtained permission to import wastes shall submit a copy of import movement documents or of a notice of completion of the disposal of wastes issued to the State of export;

3. Any person who has disposed of imported wastes pursuant to Article 18-3 (1) of the Act (only applicable to persons entrusted with the disposal of wastes): A report on the result of the entrusted disposal of imported wastes in attached Form 13 or 13-2.

(2) A public official who has received a report under paragraph (1) shall check an export declaration certificate or an import declaration certificate through the common use of administrative information under Article 36 (1) of the Electronic Government Act: Provided, That where a person who has submitted the report does not consent to his or her checking, he or she shall submit the report along with a copy of an export declaration certificate or an import declaration certificate. <Amended on Jul. 2, 2019>

[This Article Wholly Amended on Oct. 17, 2017]

Article 19-3(Reporting and Inspection) #

The Minister of Environment shall make a request, in writing, for filing a report or submitting data under Article 22 (1) of the Act, by specifying the details of the data, the deadline for submission, etc.

[This Article Newly Inserted on Sep. 29, 2020]

Article 19-4(Publication of Violations) #

Where the Minister of Environment publishes information related to administrative dispositions, such as the details of disposition, name, and trade name of a person for whom an administrative disposition is completely decided under Article 22-2 of the Act, the Minister shall publish such information on the website of the Ministry of Environment and in the electronic information processing program referred to in Article 18-4 (1) of the Act.

[This Article Newly Inserted on Sep. 29, 2020]

Article 19-5(Imposition of Penalty Surcharges) #

(1) An amount equivalent to the expenses for proper disposal under Article 22-3 (1) of the Act shall be an amount obtained by multiplying the volume of wastes improperly exported or imported by a person referred to in each subparagraph of that paragraph by the unit price for disposal of each type of wastes determined and publicly notified by the Minister of Environment pursuant to Article 21 (2) of the Enforcement Decree of the Wastes Control Act.

(2) Where a person liable to pay a penalty surcharge voluntarily removes and reinstates the relevant wastes before the penalty surcharge is imposed under Article 22-3 (1) of the Act, expenses incurred in removing and reinstating the wastes shall not be imposed as a penalty surcharge.

(3) "Cases prescribed by Presidential Decree" in the proviso, with the exception of the subparagraphs, of Article 22-3 (1) of the Act means any of the following cases:

1. Where it is impossible to secure the relevant data due to the destruction, non-submission, etc. of data related to the calculation of gained profits;

2. Where it is impossible to secure data related to the calculation of gained profits due to a situation equivalent to an act of God, fire, war, etc.

(4) Where the Minster of Environment intends to impose a penalty surcharge pursuant to Article 22-3 of the Act, he or she shall give a written notice of payment of such penalty surcharge by specifying the type of the relevant violation and the amount of the relevant penalty surcharge.

(5) A person upon receipt of a notice under paragraph (4) shall pay the penalty surcharge to the collecting agency designated by the imposing authority within 20 days from the date of receipt of such notice.

(6) A collecting agency which has received the penalty surcharge pursuant to paragraph (5) shall issue a receipt to the payer and notify the Minister of Environment of such fact without delay.

[This Article Newly Inserted on Sep. 29, 2020]

Article 19-6(Collection of Penalty Surcharges and Disposition on Delinquency) #

(1) "Additional charge prescribed by Presidential Decree" in Article 22-4 (1) of the Act means the amount calculated by multiplying the penalty surcharge in arrears from the day immediately following the payment deadline for the penalty surcharge to the actual payment date of the penalty surcharge, by 3/100 per annum.

(2) A demand to pay the penalty surcharge under Article 22-4 (2) of the Act shall be sent in writing within seven days after the payment deadline elapses; and where a reminder is issued, the payment deadline for the penalty surcharge in arrears shall be within 10 days from the issuance date of the reminder.

(3) The additional payment on refund prescribed in Article 22-4 (3) of the Act shall be the amount calculated by multiplying the penalty surcharge to be refunded by the interest rate prescribed in the main clause of Article 43-3 (2) of the Enforcement Decree of the Framework Act on National Taxes.

[This Article Newly Inserted on Sep. 29, 2020]

Article 19-7(Designation of Waste Export and Import Safety Management Center) #

(1) "Specialized institution prescribed by Presidential Decree" in the provisions, with the exception of the subparagraphs, of Article 22-5 (1) of the Act means the Korea Environment Corporation.

(2) A waste export and import safety management center designated pursuant to Article 22-5 (1) of the Act (hereinafter referred to as "export and import safety management center") shall submit to the Minister of Environment its business plan for the following year concerning the duties referred to in each subparagraph of that paragraph, by December 10 of each year.

(3) The export and import safety management center shall submit to the Minister of Environment the performance records of its duties, including the safety inspection results of the relevant month, by the last day of each month.

[This Article Newly Inserted on Mar. 30, 2021]

Article 20(Calculation Method of Fees) #

(1) A fee for permission to export or import wastes subject to export or import restrictions (hereinafter referred to as "fee for permission to export or import") under Article 23 (2) of the Act shall be calculated by the following methods: Provided, That the amount less than 1,000 won shall be excluded from the amount for the calculation, and where the standard amount is denominated in a foreign currency, the calculation shall be made by applying the exchange rate as at the time of payment: <Amended on Dec. 31, 1997; Feb. 28, 1998; Jul. 16, 2001; Oct. 17, 2017>

1. For export:

F.O.B. price of the relevant wastes subject to export or import restrictions×1÷1,000

2. For import:

C.I.F. price of the relevant wastes subject to export or import restrictions×1÷1,000

3. Where the C.I.F. price or the F.O.B. price is unknown:

Disposal cost of the relevant wastes subject to export or import restrictions prescribed by the Minister of Environment×1÷1,000.

(2) Any person who intends to export or import wastes subject to export or import restrictions (hereinafter referred to as "importer or exporter of wastes subject to export or import restrictions") shall pay a fee for permission to export or import wastes in attached Form 14 based on a statement of payment of the fee for permission to export or import wastes to a bank which handles foreign exchange after calculating the fee for permission to export or import wastes pursuant to paragraph (1), and submit the payment receipt to the Minister of Environment when he or she applies for permission to export or import the relevant wastes subject to export or import restrictions. <Amended on Dec. 31, 1997; Feb. 28, 1998; Jul. 16, 2001; Sep. 17, 2010; Oct. 17, 2017>

(3) In cases of package export or import, the Minister of Environment may require an exporter or importer of the relevant wastes subject to export or import restrictions to pay fees for permission to export or import the relevant wastes subject to export or import restrictions whenever the exporter or importer exports or imports wastes until the fees reach the total amount of fees for permission to export or import wastes, which the exporter or importer of the relevant wastes subject to export or import restrictions should pay, or may require the exporter or importer to pay the total amount in installments, as determined and publicly notified by the Minister of Environment. <Amended on Dec. 31, 1997; Feb. 28, 1998; Jul. 16, 2001; Oct. 17, 2017>

Article 21(Refund of Fees) #

(1) When the Minister of Environment has received an application for permission for export or import of wastes subject to export or import restrictions under Article 3 or 9, but chooses not to permit the waste export or import, or where the exporter or importer of wastes subject to export or import restrictions does not export or import the relevant wastes subject to export or import restrictions for which the permission has been granted, or where the exporter or importer has mistakenly overpaid the fee, he or she shall totally or partially refund the already paid export/import permission fee. <Amended on Dec. 31, 1997; Feb. 28, 1998; Jul. 16, 2001; Oct. 17, 2017>

(2) Any person who intends to get a refund of a fee for permission to export or import wastes pursuant to paragraph (1) shall submit a request for refund of a fee for permission to export or import wastes in attached Form 15 to the Minister of Environment along with the following documents: <Amended on Dec. 31, 1997; Feb. 28, 1998; Jul. 16, 2001; Sep. 17, 2010; Oct. 17, 2017>

1. The permit for export/import of wastes subject to export or import restrictions (except cases where the permission has not been granted);

2. Export or import movement documents of wastes subject to export or import restrictions (except cases where the permission has not been granted);

3. The payment receipt of a fee for permission to export or import wastes subject to export or import restrictions.

(3) When the Minister of Environment receives an application for the refund of waste export/import permission fees under paragraph (2), he or she shall serve on the applicant a statement of decision on the refund of waste export/import permission fees in attached Form 15 within five days from the date of the receipt of such application, and shall refund such fees to him or her. <Amended on Dec. 31, 2009; Sep. 17, 2010>

(4) Deleted. <Jul. 16, 2001>

Article 22(Designation of Competent Authorities) #

The competent authorities under Article 25 of the Act shall be the Minister of Environment, and the focal point shall be the director in charge of the tasks for export and import of wastes at the Resource Recirculation Bureau of the Ministry of Environment. <Amended on Dec. 23, 1994; Dec. 31, 1997; Feb. 28, 1998; Jun. 21, 1999; Jul. 16, 2001; Dec. 31, 2009>

Article 23(Hearings) #

The Minister of Environment shall hold a hearing where he or she intends to make any of the following dispositions:

1. Revocation of export or import permission under Article 15 of the Act;

2. Revocation of the acceptance of an export or import declaration under Article 18-7 (1) of the Act.

[This Article Newly Inserted on Sep. 29, 2020]

Article 24(Delegation and Entrustment of Authority) #

(1) The Minister of Environment shall delegate his or her authority under the following subparagraphs to the Director of a River Basin Environmental Office or the Director of a Regional Environmental Office pursuant to Article 27 (1) of the Act: <Amended on Aug. 8, 2002; Nov. 15, 2007; Sep. 17, 2010; Oct. 17, 2017>

1. Granting permission for export, permission for modification, and imposing conditions under Article 6 (1), (4) and (5) of the Act;

2. Requesting the State of import or transit of wastes subject to export or import restrictions under the main clause of Article 6 (3) of the Act to give consent;

3. Receiving reports on the cancellation of plans to export wastes subject to export or import restrictions under Article 7 (2) of the Act;

4. Granting permission for import, permission for modification, and imposing conditions under Article 10 (1), (5) and (6) of the Act;

5. Determining whether to give consent to the import of wastes and providing notification under Article 10 (4) of the Act;

6. Deleted; <Jan. 28, 2014>

7. Receiving the copies of documents stating the results of disposal of wastes subject to export or import restrictions under Article 14 of the Act;

8. Canceling permission to export or import wastes under Article 15 of the Act;

9. Determining whether to give consent to the transit of wastes subject to export or import restrictions and providing notification under Article 16 (1) of the Act;

10. Designating ports where wastes subject to export or import restrictions are loaded and unloaded, restricting areas where wastes subject to export or import restrictions are loaded and unloaded, and consultations thereon under Article 18 (1) of the Act;

11. Restricting transit ports or transit areas of wastes subject to export or import restrictions and consultations thereon under Article 18 (2) of the Act;

11-2. Receiving declarations for export of wastes subject to export and import control, declarations for the import thereof and reports on modification under Article 18-2 of the Act;

12. Giving orders to ship wastes into and out of areas or to control such wastes under Article 20 (1) of the Act;

13. Receiving requests from the heads of relevant administrative agencies for taking necessary measures, such as shipping wastes into or out of areas, taking measures based thereon and notifying the results under Article 20 (2) and (3) of the Act;

Article 24-2(Re-Examination of Regulation) #

The Minister of Environment shall examine the appropriateness of the following matters every three years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements: <Amended on Oct. 17, 2017; Mar. 8, 2022>

1. Permission to export wastes subject to export or import restrictions under Article 3: January 1, 2014;

2. Permission to import wastes subject to export or import restrictions under Article 9: January 1, 2014;

3. Export or import declaration for wastes subject to import and export control under Article 17-2: January 1, 2022;

4. Entering details of transfer and takeover of exported or imported wastes under Article 17-5: January 1, 2022;

5. Standards for calculating the security money or insurance amount and the period of guarantee under Article 17-6 (3) and attached Table 4: January 1, 2022;

6. The lists of items of wastes whose export and import is prohibited, methods of prohibition or limitation, the period thereof, etc. under Article 18: January 1, 2022;

[This Article Newly Inserted on, Dec. 30, 2013]

Article 25(Criteria for Imposition of Administrative Fines) #

The criteria for imposition of administrative fines under Article 32 (1) and (2) of the Act shall be as specified in attached Table 3. <Amended on Sep. 17, 2010>

[This Article Wholly Amended on Dec. 31, 2009]