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ACT ON RESOURCE CIRCULATION OF ELECTRICAL AND ELECTRONIC EQUIPMENT AND VEHICLES — 법갈피

영문법령 / ACT ON RESOURCE CIRCULATION OF ELECTRICAL AND ELECTRONIC EQUIPMENT AND VEHICLES

ACT ON RESOURCE CIRCULATION OF ELECTRICAL AND ELECTRONIC EQUIPMENT AND VEHICLES

법률타법개정시행 2025-10-01기후에너지환경부 · 제21065호 · 공포 2025-10-01

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to establish a resource recycling system for the efficient use of resources and contribute to environmental conservation and the sound growth of the national economy by placing restrictions on the use of hazardous substances, encouraging manufacturers to produce products readily recyclable, and facilitating the optimum recycling of wastes thereof to ensure that recycling of electrical and electronic equipment, as well as vehicles, can be promoted appropriately.

Article 2(Definitions) #

The terms used in this Act are defined as follows: <Amended on Jan. 13, 2010; Jul. 23, 2010; Jan. 20, 2015; Jan. 5, 2021; Oct. 1, 2025>

1. The term "electrical and electronic equipment" means machines and apparatuses (including components and parts) that generate, move, transmit, measure electric current or electromagnetic field or that operate by electric current or electromagnetic field;

2. The term "vehicle" means an automobile (including components and parts thereof) as defined in subparagraph 1 of Article 2 of the Motor Vehicle Management Act;

3. The term "waste electrical and electronic equipment" means the electrical and electronic equipment identified as waste as defined in subparagraph 1 of Article 2 of the Wastes Control Act;

4. The term "end-of-life vehicle" means an automobile scrapped pursuant to subparagraph 5 of Article 2 of the Motor Vehicle Management Act;

5. The term "treatment" means treatment as defined in subparagraph 5-3 of Article 2 of the Wastes Control Act;

6. The term "recycling" means reusing waste electrical and electronic equipment or end-of-life vehicles, or renewing such wastes or vehicles for reuse, or converting such wastes or vehicles into a reusable or renewable state;

7. The term "energy recovery" means activities of recovering energy, as defined in subparagraph 1 of Article 2 of the Energy Act, in accordance with standards prescribed by Decree of the Ministry of Climate, Energy and Environment.

Article 3(Relationship to other statutes)

Article 10(Guidelines for improvement of materials and structure) #

(1) Every manufacturer or importer of electrical and electronic equipment shall comply with the guidelines for improvement of materials and structure, as jointly determined and publicly notified by the Minister of Climate, Energy and Environment and the Minister of Trade, Industry and Resources, including matters concerning materials and structures for facilitating the recycling of products. <Amended on Feb. 29, 2008; Mar. 23, 2013; Oct. 1, 2025>

(2) Every manufacturer or importer of vehicles shall attain the annual recyclability rates prescribed by Presidential Decree through the use of easily recyclable materials, uni-materialization, indication of materials information, improvements in the ease of separation and dismantlement, and other activities for improvement of materials and structures.

(3) Every manufacturer or importer of electrical and electronic equipment shall prepare an evaluation report on the improvement of materials and structure in accordance with the guidelines under paragraph (1) and submit such report to the Minister of Climate, Energy and Environment and the Minister of Trade, Industry and Resources. <Added on Aug. 16, 2023; Oct. 1, 2025>

(4) The Minister of Climate, Energy and Environment and the Minister of Trade, Industry and Resources may require specialized institutions jointly determined to verify the evaluation report on the improvement of materials and structure submitted under paragraph (3). <Added on Aug. 16, 2023; Oct. 1, 2025>

(5) If a manufacturer or importer of electrical and electronic equipment violates any provision of the guidelines under paragraph (1), the Minister of Climate, Energy and Environment and the Minister of Trade, Industry and Resources may recommend such manufacturer or importer to comply with the guidelines. <Amended on Feb. 29, 2008; Mar. 23, 2013; Aug. 16, 2023; Oct. 1, 2025>

(6) The Minister of Climate, Energy and Environment and the Minister of Trade, Industry and Resources may jointly determine and publicly notify the method of assessing the recyclability rate. <Amended on Feb. 29, 2008; Mar. 23, 2013; Aug. 16, 2023; Oct. 1, 2025>

Article 12(Furnishing information on recycling, proposals for improvement of materials and structure and other matters) #

(1) When a manufacturer or importer of electrical and electronic equipment or a manufacturer or importer of vehicles is requested by a person permitted to engage in waste recycling business pursuant to Article 25(5)5 through 7 of the Wastes Control Act, a person who has filed a report on waste treatment pursuant to Article 46 of the said Act, or a person specified by Presidential Decree as qualified for carrying out efficient recycling work (hereinafter referred to as "recycler"), a motor vehicle scrapping business operator under Article 25(1)2, a person who engages in a business of recycling end-of-life vehicles as defined in the subparagraphs of Article 32(2) (hereinafter referred to as "end-of-life vehicle recycler") and a person who has registered his or her waste gas treatment business under Article 32-2(1) (hereinafter referred to as "waste gas treatment business operator") to furnish him or her with information about the composition of materials, recycling methods, etc. (hereinafter referred to as "information on recycling") to promote the recycling of waste electrical and electronic equipment or end-of-life vehicles, the manufacturer or importer shall furnish him or her with such information on recycling as long as furnishing information does not go against protection of trade secrets including leaking core technical information, as prescribed by Presidential Decree; provided, such information on recycling shall be deemed furnished, when the manufacturer or importer has furnished such information through a recycling information network, as a member of the information network, which shall be designated and publicly notified by the Minister of Environment in consultation with the Minister of Trade, Industry and Energy. <Amended on Feb. 29, 2008; Jul. 23, 2010; Mar. 23, 2013; Jul. 16, 2013; Jun. 12, 2018; Oct. 1, 2025>

(2) A recycler, an end-of-life vehicle recycler, or a waste gas treatment business operator may suggest to the Minister of Climate, Energy and Environment or the Minister of Trade, Industry and Resources a proposal on the improvement of materials, structure, etc. of any product, which might be helpful for recycling waste electrical and electronic equipment or end-of-life vehicles economically, while conserving the environment. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jul. 16, 2013; Oct. 1, 2025>

(3) Upon receiving a proposal under paragraph (2), the Minister of Climate, Energy and Environment and the Minister of Trade, Industry and Resources shall examine safety and other characteristics of a product and the validity in light of the feasibility, the domestic technological level and other matters, and shall determine whether to adopt the proposal after deliberation by the Central Environmental Policy Committee under Article 58(1) of the Framework Act on Environmental Policy, and if such proposal is adopted, the proposed improvement may be recommended to manufacturers or importers of electrical and electronic equipment or manufacturers or importers of vehicles. <Amended on Feb. 29, 2008; Feb. 4, 2010; Mar. 23, 2013; Jun. 12, 2018; Oct. 1, 2025>

Article 16(Management of recycling targets and mandatory recycling quantity of electrical and electronic equipment manufacturers subject to mandatory recycling) #

(1) The Minister of Climate, Energy and Environment shall determine and publicly notify, every five years, a long-term target per head of population with respect to recycling electrical and electronic equipment (hereinafter referred to as "long-term recycling target") in consideration of the following factors and shall publicly notify an annual recycling target per head of population (hereinafter referred to as "annual recycling target") every year in consultation with the heads of relevant central administrative agencies in order to achieve such target: <Amended on Oct. 1, 2025>

1. The quantity of electrical and electronic equipment released by manufacturers or importers of electrical and electronic equipment;

2. Projected quantity of waste electrical and electronic equipment;

3. The quantity of separately-collected waste electrical and electronic equipment [including the quantity of separately-collected recyclable resources published by the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors or the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") pursuant to Article 13(2) of the Act on the Promotion of Saving and Recycling of Resources];

4. Result of recycling of waste electrical and electronic equipment and the size of recycling facilities;

5. Other circumstances for separate collection and recycling conditions, including the status of the development of recycling technology.

(2) If deemed necessary to revise a long-term recycling target due to changes in recycling circumstances, the Minister of Climate, Energy and Environment may revise and publicly notify the long-term recycling target. <Amended on Oct. 1, 2025>

(3) Guidelines for the calculation of the recycling quantity that electrical and electronic equipment manufacturers subject to mandatory recycling are required to meet to achieve their annual recycling targets (hereinafter referred to as "mandatory recycling quantity") shall be prescribed by Presidential Decree, in consideration of the volume of electrical and electronic equipment delivered and other matters.

(4) Notwithstanding paragraphs (1) and (3), for the electrical and electronic equipment specified by Presidential Decree that is highly worth recycling or highly required to recycle, the Minister of Climate, Energy and Environment may annually determine and publicly notify the recycling quantity allotted to each electrical and electronic equipment manufacturer subject to mandatory recycling, out of the annual delivery volume by product, in consultation with the heads of relevant central administrative agencies. <Amended on Oct. 1, 2025>

[This Article Wholly Amended on Jul. 16, 2013]

Article 16-4(Duty of distributors of electrical and electronic equipment to collect and transfer) #

(1) Distributors of electrical and electronic equipment prescribed by Presidential Decree, among electrical and electronic equipment that produces large quantities of wastes after consumer use, who run a place of business, the size of which is prescribed by Presidential Decree (hereinafter referred to as "distributor of electrical and electronic equipment") may directly collect waste electrical and electronic equipment that falls under the class to which the equipment they distributed belongs, or may join a mutual aid association and have the association fulfill the duty to collect on behalf thereof.

(2) Standards for calculating the quantity of mandatory collection of waste electrical and electronic equipment under paragraph (1) (hereinafter referred to as "mandatory collection quantity") shall be prescribed by Presidential Decree, in consideration of the following matters: <Amended on Jan. 20, 2015; Jun. 12, 2018>

1. Sales volume of electrical and electronic equipment;

2. Mandatory recycling quantities allotted to electrical and electronic equipment manufacturers subject to mandatory recycling;

3. The net purchasing amount of distributors of electrical and electronic equipment;

4. Other matters of collection, including the quantity separately collected and the separate collection system.

(3) Distributors of electrical and electronic equipment shall transport and transfer collected waste of electrical and electronic equipment to regional collection depots installed by electrical and electronic equipment manufacturers subject to mandatory recycling or a mutual aid association; provided, this shall not apply where distributors of electrical and electronic equipment reuse, within the Republic of Korea, waste electrical and electronic equipment collected pursuant to paragraph (1) in compliance with the methods prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Oct. 1, 2025>

(4) Electrical and electronic equipment manufacturers subject to mandatory recycling or a mutual aid association shall designate the collection depots under paragraph (3) and notify distributors of electrical and electronic equipment thereof.

(5) Electrical and electronic equipment manufacturers subject to mandatory recycling and distributors of electrical and electronic equipment shall gratuitously collect packaging of a new product as well as the same kind of product as the new one disposed of as waste by a new product purchaser (including the same kind of product supplied by other electrical and electronic equipment manufacturers), as prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Oct. 1, 2025>

[This Article Added on Jul. 16, 2013]

Article 18-3(Handling of charges for recycling electrical and electronic equipment, charges for collecting electrical and electronic equipment) #

(1) The Minister of Climate, Energy and Environment shall issue a written reminder, within 10 days after the due date for payment, to a person who fails to pay charges for recycling or collecting electrical and electronic equipment by the due date to pay the charges. In such cases, a surcharge amounting to 3/100 of the overdue charges for recycling or collecting electrical and electronic equipment shall be added thereto, but where the payment is made within one week after the due date, the surcharge to be imposed shall amount to 1/100 of the overdue charges for recycling or collecting electrical and electronic equipment. <Amended on Jun. 12, 2018; Oct. 1, 2025>

(2) If a person who receives a reminder pursuant to paragraph (1) fails to pay the charges for recycling or collecting electrical and electronic equipment (including a surcharge, respectively; hereinafter the same shall apply), the charges shall be collected in the same manner as national taxes in arrears.

(3) The Minister of Climate, Energy and Environment may request the Commissioner of the National Tax Service and the head of a local government to provide information about the national and local taxes imposed on a person who fails to pay the charges so as to collect overdue charges for recycling or collecting electrical and electronic equipment. <Amended on Oct. 1, 2025>

(4) Charges for recycling and collecting electrical and electronic equipment shall become revenue in the special account for the improvement of the environment under the Framework Act on Environmental Policy.

(5) Where the Minister of Climate, Energy and Environment entrusts related specialized institutions, including the Korea Environment Corporation under the Korea Environment Corporation Act (hereinafter referred to as the "corporation") pursuant to Article 42(2), with the collection of recycling or collection charges of electrical and electronic equipment, he or she may provide a portion of the collected charges for recycling or collecting electrical and electronic equipment to the entrusted institution as a collection fee, as prescribed by Presidential Decree. <Amended on Oct. 1, 2025>

[This Article Added on Jul. 16, 2013]

Article 18-5(Deferment of collection and installment payments of charges for recycling electrical and electronic equipment) #

(1) The Minister of Climate, Energy and Environment may defer the collection of charges for recycling or collecting electrical and electronic equipment or allow the payment of such charges in installments, as prescribed by Presidential Decree, if a person liable to pay such charges is deemed to be unable to pay them by the payment deadline on any of the following grounds: <Amended on Oct. 1, 2025>

1. Where a serious loss has occurred to property of the person liable to pay charges due to a natural disaster or any other catastrophe;

2. Where the person liable to pay charges faces a serious crisis in management due to a loss of business;

3. Where deferment of collection or installment payment is deemed inevitable on any grounds equivalent to those provided for in subparagraph 1 or 2.

(2) If the Minister of Climate, Energy and Environment determines the deferment of collection under paragraph (1), he or she may request the person liable to pay charges to provide security equivalent to the amount so deferred. <Amended on Oct. 1, 2025>

(3) The Minister of Climate, Energy and Environment may decide not to collect charges for recycling or collecting electrical and electronic equipment calculated pursuant to Articles 18(1) and 18-2(1) if the amount of the charges is less than that prescribed by Presidential Decree. <Amended on Oct. 1, 2025>

(4) The Minister of Climate, Energy and Environment may collect charges for recycling or collecting electrical and electronic equipment already imposed even before the payment deadline if the person liable to pay the charges falls under any of the following: <Amended on Oct. 1, 2025>

1. Where a disposition on default is made for any of his or her national taxes, local taxes, and public charges;

2. Where compulsory execution is made;

3. Where he or she is declared bankrupt;

4. Where auction is commenced;

5. Where the corporation is dissolved.

(5) When collecting charges for recycling or collecting electrical and electronic equipment before the payment deadline pursuant to paragraph (4), the Minister of Climate, Energy and Environment shall set a new payment deadline and notify the person liable to pay the charges of such fact and the new payment deadline, as prescribed by Presidential Decree. <Amended on Oct. 1, 2025>

(6) Articles 23 and 24 of the Framework Act on National Taxes shall apply mutatis mutandis to succession to the liability to pay charges for recycling or collecting electrical and electronic equipment.

[This Article Added on Jun. 12, 2018]

Article 22(Authorization of mutual aid association) #

(1) A person who intends to establish a mutual aid association shall file an application for authorization with the Minister of Climate, Energy and Environment, stating the following matters contained therein: <Amended on Apr. 5, 2011; Jul. 16, 2013; Jan. 20, 2015; Oct. 1, 2025>

1. The Articles of association of the legal entity (which shall contain provisions concerning purposes, scope of business, membership, allotted contributions, and other matters relating to management of the association);

2. A business plan to fulfill the duty to collect, transfer, and recycle or the duty to collect and transfer as an agency;

3. Agreements on participation signed by electrical and electronic equipment manufacturers subject to mandatory recycling and distributors of electrical and electronic equipment who join a mutual aid association;

4. The quantities of mandatory recycling and collection, allotted to each member;

5. Details of its own recycling facilities (applicable only to associations that own recycling facilities);

6. Resumes of the executive officer and written acknowledgment of their inauguration;

7. Other matters necessary for the establishment and operation of a mutual aid association prescribed by Decree of the Ministry of Climate, Energy and Environment.

(2) When the Minister of Climate, Energy and Environment grants an authorization under paragraph (1), he or she shall give public notice thereof. <Amended on Oct. 1, 2025>

(3) If those authorized as a mutual aid association under paragraph (1) have replaced any of their executive officers, they shall report to and be approved by the Minister of Climate, Energy and Environment without delay by submitting documents under paragraph (1)6 and minutes containing resolutions of such replacement by the board of directors. <Added on Jan. 20, 2015; Oct. 1, 2025>

(4) Whenever a person who has obtained authorization for the relevant mutual aid association pursuant to paragraph (1) intends to amend any provision of the Articles of association or any matter specified by Decree of the Ministry of Climate, Energy and Environment, he or she shall obtain approval for such amendment. <Amended on Jan. 20, 2015; Oct. 1, 2025>

Article 25(Observance of rate for recycling end-of-life vehicles) #

(1) Any of the following persons shall observe the recycling rate prescribed by Presidential Decree (hereinafter referred to as "recycling rate"), when they scrap the vehicles specified in the main clause of Article 9(1): <Amended on Jul. 16, 2013; Jun. 12, 2018>

1. Manufacturers or importers of vehicles;

2. A person who runs a motor vehicle scrapping and recycling business as defined in subparagraph 9 of Article 2 of the Motor Vehicle Management Act (hereinafter referred to as "motor vehicle scrapping business operator");

3. A person who runs a business recycling vehicle scraps as defined in Article 32(2)1 (hereinafter referred to as "automotive scrap recycler");

4. A person who runs a business of recycling residual scraps as defined in Article 32(2)2 (hereinafter referred to as "automotive shredder residue recycler");

5. Waste gas treatment business operators.

(2) Persons who fall under any subparagraph of paragraph (1) shall perform the following obligations so as to attain the recycling rate: <Amended on Jun. 12, 2018>

1. Every manufacturer or importer of vehicles shall develop technologies applicable to recycling of end-of-life vehicles, and shall also provide technical assistance to motor vehicle scrapping business operators, automotive scrap recyclers, etc.;

2. Every motor vehicle scrapping business operator shall ensure that he or she recycles as much resources from end-of-life vehicles as possible, and shall transfer residues of end-of-life vehicles, after collecting recyclable resources, to automotive scrap recyclers for further recycling. In such cases, every motor vehicle scrapping business operator shall ensure that the transferred scraps do not contain any wastes other than those generated from end-of-life vehicles;

3. Every automotive scrap recycler shall dismantle residues of end-of-life vehicles transferred pursuant to the former part of subparagraph 2 to collect as much metals or similar therefrom as possible, and then transfer recyclable shredder residue to automotive shredder residue recyclers for still further recycling;

4. Every automotive shredder residue recycler shall collect as much metals or recover as much energy from shredder residue as possible;

5. Every waste gas treatment business operator shall treat climate/ecosystem-changing substances for recycling or safe treatment thereof.

(3) If the aggregate (hereinafter referred to as "expenses for treatment and recycling of end-of-life vehicles") of expenses required for treatment of an end-of-life vehicle under Article 65(2) of the Motor Vehicle Management Act, including treatment of climate/ecosystem-changing substances, and the expenses required for recycling of shredder residue therefrom (excluding shredder residue generated from imported end-of-life vehicles) exceeds the price of the vehicle subject to dismantling (hereinafter referred to as "price of end-of-life vehicles"), the manufacturer or importer of the vehicle concerned shall gratuitously collect the vehicle from the person who requests dismantling of the vehicle under a contract or similar made with the motor vehicle scrapping business operator, automotive scrap recycler, automotive shredder residue recycler, or waste gas treatment business operator involved, as prescribed by Presidential Decree; provided, this shall not apply where a motor vehicle scrapping business operator collects such excess amount of expenses for treatment or recycling of the end-of-life vehicle from the owner of the end-of-life vehicle in accordance with the proviso of Article 65(2) of the Motor Vehicle Management Act. <Amended on Jun. 12, 2018>

(4) When a manufacturer or importer of vehicles scraps a vehicle gratuitously collected in accordance with the main clause of paragraph (3) from a person who wants it scrapped, he or she shall observe the recycling rate applicable to the collected vehicle.

Article 31(Report on recycling of end-of-life vehicles) #

(1) Each motor vehicle scrapping business operator shall submit, to the Minister of Land, Infrastructure and Transport, a quarterly report on the results of recycling, containing the following details, as prescribed by Presidential Decree, within 15 days after the end of each quarter, and the Minister of Land, Infrastructure and Transport shall, in turn, inform the Minister of Climate, Energy and Environment of such report within three days: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 12, 2018; Oct. 1, 2025>

1. The quantity of scrap recycled from end-of-life vehicles;

2. The quantity of scrap transferred to automotive scrap recyclers or similar;

3. The quantity of climate/ecosystem-changing substances transferred to a waste gas treatment business operator.

(2) Each automotive scrap recycler shall submit to the Minister of Climate, Energy and Environment a quarterly report on the results of recycling, containing the following details, as prescribed by Presidential Decree, within 15 days after the end of each quarter: <Amended on Oct. 1, 2025>

1. The quantity of scrap recycled from end-of-life vehicles;

2. The quantity of shredder residue transferred to automotive shredder residue recyclers.

(3) Each automotive shredder residue recycler shall submit to the Minister of Climate, Energy and Environment a quarterly report on his or her performance of recycling of shredder residue and energy recovery, as prescribed by Presidential Decree, within 15 days after the end of each quarter. <Amended on Oct. 1, 2025>

(4) Each waste gas treatment business operator shall submit to the Minister of Climate, Energy and Environment a quarterly report on his or her performance of recycling and treatment of climate/ecosystem-changing substances, as prescribed by Presidential Decree, within 15 days after the end of each quarter. <Amended on Jun. 12, 2018; Oct. 1, 2025>

(5) Each manufacturer or importer of vehicles who recycles scrap of a vehicle gratuitously collected from persons who request dismantling of the vehicle in accordance with Article 25(3) shall submit to the Minister of Climate, Energy and Environment a quarterly report on the performed recycling and treatment thereof, as well as energy recovery, as prescribed by Presidential Decree, within 15 days after the end of each quarter. <Amended on Oct. 1, 2025>

(6) The submission of reports on performance of recycling under paragraphs (1) through (5) may be commissioned to a business association.

Article 32(Registration of end-of-life vehicle recycling business) #

(1) A person who intends to engage in a business recycling residual scraps, etc. of end-of-life vehicles under Article 25(2)2 (hereinafter referred to as an "end-of-life vehicle recycling business") shall be equipped with the facilities, equipment pursuant to the registration standards prescribed by Presidential Decree and complete registration with the Minister of Climate, Energy and Environment in accordance with the business categorization under paragraph (2). Any change in registered essential details specified by Presidential Decree shall be registered, while a change in any registered non-essential details shall be reported. <Amended on Jun. 12, 2018; Oct. 1, 2025>

(2) End-of-life vehicle recycling businesses shall be divided into the following business categories according to business activities as stated below: <Amended on Jun. 12, 2018>

1. Automotive scrap recycling business: Dismantling and recycling of residual scraps of end-of-life vehicles transferred by motor vehicle scrapping business operators;

2. Automotive shredder residue recycling business: Recycling of shredder residue transferred by automotive scrap recyclers and energy recovery therefrom;

3. Deleted. <Jul. 16, 2013>

(3) A person who intends to register an end-of-life vehicle recycling business or to change any of the registered details under paragraph (1) shall file an application therefor with the Minister of Climate, Energy and Environment, as prescribed by Decree of the Ministry of Climate, Energy and Environment. <Added on Jun. 12, 2018; Oct. 1, 2025>

(4) The Minister of Climate, Energy and Environment shall accept an application for registration under paragraph (3) unless it falls under any of the following: <Added on Jun. 12, 2018; Oct. 1, 2025>

1. Where it fails to meet the registration standards under paragraph (1);

2. Where the applicant for registration falls under any of the grounds for disqualification referred to in the subparagraphs of Article 33;

3. Where it violates any of the restrictions under this Act or other statutes or regulations.

Article 34-2(Imposition and collection of penalty surcharges) #

(1) Where the Minister of Climate, Energy and Environment is required to impose a disposition of business suspension against an end-of-life vehicle recycler or waste gas treatment business operator pursuant to Article 34(1), if it is deemed that such suspension of business falls under any of the following subparagraphs, the Minister may impose a penalty surcharge not exceeding an amount calculated by multiplying the sales turnover prescribed by Presidential Decree by 5/100 in lieu of the business suspension; provided, a penalty surcharge not exceeding 100 million won may be imposed in cases prescribed by Presidential Decree such as where the an end-of-life vehicle recycler or waste gas treatment business operator has no sales or where it is impracticable to calculate the amount of sales: <Amended on Oct. 1, 2025>

1. Where the business suspension prevents a user of the business from transferring wastes for treatment, resulting in wastes accumulated in the user's place of business, so that the user's business activities are likely to suffer enormous impediment;

2. Where environmental pollution caused by wastes stored by the relevant an end-of-life vehicle recycler or waste gas treatment business operator, or wastes accumulated by a user of the business, poses or is likely to pose a health hazard to local residents;

3. Cases equivalent to those falling under subparagraph 1 or 2 and deemed likely to significantly undermine other public interests.

(2) The amount of a penalty surcharge to be imposed under paragraph (1) based on the type and severity of violation and other necessary matters shall be prescribed by Presidential Decree but may be increased or reduced by up to 1/2 of the amount.

(3) Where a person liable to pay a penalty surcharge under paragraph (1) fails to pay it by the payment deadline, the Minister of Climate, Energy and Environment shall revoke the imposition of the penalty surcharge and suspend the business thereof under Article 34(1) or collect the penalty surcharge in the same manner as national taxes are compulsorily collected; provided, where it is impracticable to suspend business under Article 34(1) due to suspension or closure of business under Article 33-3, a penalty surcharge shall be collected in the same manner as national taxes are compulsorily collected. <Amended on Oct. 1, 2025>

(4) Notwithstanding paragraph (1), where a person becomes subject to the disposition of business suspension under Article 34(1) before two years have passed from the date of receiving a disposition of penalty surcharges, no penalty surcharge shall be imposed in lieu of the suspension of business.

(5) Penalty surcharges imposed and collected under paragraphs (1) and (3) shall be treated as revenue for the special account for environmental improvement under the Framework Act on Environmental Policy.

[This Article Added on Jun. 10, 2022]

Article 35(Succession to status of end-of-life vehicle recycler or waste gas treatment business operator) #

(1) Where an end-of-life vehicle recycler or waste gas treatment business operator transfers his or her business to a third party, dies, or merges his or her business with another legal entity, the transferee, heir, or legal entity surviving, or newly established upon, such merger shall succeed to the status of the business operator. <Amended on Jul. 16, 2013>

(2) Any person who acquires all business facilities and equipment of a business operator through auction under the Civil Execution Act, realization under the Debtor Rehabilitation and Bankruptcy Act, sale of seized assets under the National Tax Collection Act, the Customs Act, or the Local Tax Collection Act, or any other similar procedure shall succeed to the status of the business operator. In such cases, the registration of the preceding business operator shall become void. <Amended on Mar. 31, 2010; Dec. 27, 2016>

(3) Where any person succeeds to the status of a business operator in accordance with paragraph (1), an administrative disposition made against the preceding end-of-life vehicle recycler or waste gas treatment business operator on account of a violation of any subparagraph of Article 34(1) shall remain in effect for one year after the lapse of the period during which such preceding recycler or treatment business operator is subject to the disposition of business suspension and thus shall be transferred to the transferee or the legal entity surviving, or newly established upon, a merger, while where proceedings for administrative disposition are pending, such proceedings may be continued against the transferee or the legal entity surviving, or newly established upon, such merger; provided, the effects of such disposition shall not be transferred nor shall proceedings for such disposition be continued, if the transferee or the legal entity surviving, or newly established upon, a merger proves that he or she or it was unaware of such disposition or violation as at the time the business was transferred or merged. <Amended on Jul. 16, 2013; Jan. 5, 2021>

(4) A person who succeeds to the status of an end-of-life vehicle recycler or waste gas treatment business operator in accordance with paragraph (1) or (2) shall file a report thereon with the Minister of Climate, Energy and Environment within one month, as prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Jul. 16, 2013; Oct. 1, 2025>

[Title Amended on Jul. 16, 2013]

Article 45(Administrative fines) #

(1) Any person who distributes a product containing any hazardous substance in excess of its maximum level, in violation of Article 9(1), shall be subject to an administrative fine not exceeding 30 million won.

(2) Any of the following persons shall be subject to an administrative fine not exceeding 20 million won: <Amended on Jul. 16, 2013; Jun. 12, 2018; Jan. 5, 2021; Oct. 1, 2025>

1. A person who fails to observe the recyclability rate, in violation of Article 10(2), in distributing a product;

1-2. A person who transfers the collected waste to a person not granted permission to recycle wastes, in violation of Article 15;

1-3. A person who fails to fulfill the electrical and electronic equipment distributor's duty to transfer under the main clause of Article 16-4(3) or fails to reuse in accordance with the method prescribed by Decree of the Ministry of Climate, Energy and Environment under the proviso of that paragraph;

2. A person who fails to gratuitously collect wastes, in violation of Article 25(3);

3. A person who fails to observe the relevant recycling rate, in violation of Article 25(4);

4. A person who fails to recycle in accordance with the methods and standards for recycling, in violation of Article 26;

5. A person who runs an end-of-life vehicle recycling business without registration, in violation of Article 32(1);

5-2. A person who runs a business treating waste gas without registration, in violation of Article 32-2(1);

5-3. A person who allows another person to treat the residues or shredder residues of end-of-life vehicles using his or her name or trade name or lends his or her registration certificate to another person, in violation of Article 33-2(3);

5-4. A person who allows another person to treat climate/ecosystem-changing substances using his or her name or trade name or lends his or her registration certificate to another person, in violation of Article 33-2(3) that applies mutatis mutandis under paragraph (4) of that Article;

6. A person who continues his or her business during a period of business suspension under Article 34(1).

(3) Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: <Amended on Jul. 16, 2013; Jun. 12, 2018; May 26, 2020>

1. A person who distributes a product without checking restrictions on the use of hazardous substances or assessing the recyclability rate thereof, in violation of Article 11 (excluding those who fall under paragraph (1) or (2)1);

2. A person who fails to provide information on recycling, in violation of Article 12(1);

2-2. A person who fails to separate, store, and treat climate/ecosystem-changing substances, in violation of Article 16-3;

3. A person who fails to collect, store or transfer climate/ecosystem-changing substances, in violation of Article 27(1);

4. A person who fails to separately discharge scrap residues, in violation of Article 27(2).

(4) Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Amended on Apr. 5, 2011; Jul. 16, 2013; Jun. 12, 2018>

1. Deleted; <Jan. 5, 2021>

2. A person who fails to fulfill his or her duty to collect, as an electrical and electronic manufacturer subject to mandatory recycling or a distributor of electrical and electronic equipment, as prescribed in Article 16-4(5);

3. A person who fails to register or report a change, in violation of the latter part of Article 32(1);

4. A person who fails to register or report a change, in violation of Article 32-2(2);

5. A person who fails to file a report in violation of Article 33-3(1) or to treat all such waste in violation of paragraph (2) of that Article;

6. A person who fails to file a report on succession, in violation of Article 35(4).

(5) Any of the following persons shall be subject to an administrative fine not exceeding one million won: <Amended on Apr. 5, 2011; Jul. 16, 2013>

1. A person who fails to disclose whether restrictions on the use of hazardous substances or recyclability rates are observed or discloses untrue information, in violation of Article 11;

2. A person who fails to file a report, in violation of Article 13;

3. A person who fails to designate a collection depot or fails to notify distributors of electrical and electronic equipment thereof, in violation of Article 16-4(4);

4. A person who fails to submit a plan of mandatory recycling or a report on fulfillment of such duty or a plan of mandatory collection or a report on fulfillment of such duty as prescribed in Article 17 (including cases applied mutatis mutandis pursuant to Article 23(3));

5. A person who fails to submit a report on recycling performed or a report on result of recycling, energy recovery, and treatment, in violation of any provision of Article 31(1) through (5);

6. A person who fails to keep, maintain, and preserve books of account, in violation of Article 36 or makes a false entry in books of account;

7. A person who fails to submit a report or explanatory materials, in violation of Article 37;

8. A person who fails to prepare and submit control records, in violation of Article 39.

ACT ON RESOURCE CIRCULATION OF ELECTRICAL AND ELECTRONIC EQUIPMENT AND VEHICLES

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Relationship to other statutes)

Article 4(Responsibilities of the State and local governments) #

Article 5(Responsibilities of business operators) #

Article 6(Responsibility of citizens) #

Article 7(Enhancement of international cooperation) #

Article 8 #

Article 9(Products subject to restriction on use of hazardous substances and maximum levels of contents thereof) #

Article 10(Guidelines for improvement of materials and structure) #

Article 11(Public disclosure of compliance with restrictions on use of hazardous substances) #

Article 12(Furnishing information on recycling, proposals for improvement of materials and structure and other matters) #

Article 13(Reporting on compliance with recommendations for promotion of recycling) #

Article 14(Efforts to ensure safety and durability by improvement of materials and structure) #

Article 15(Duty of electrical and electronic equipment manufacturers subject to mandatory recycling to collect, transfer, and recycle) #

Article 16(Management of recycling targets and mandatory recycling quantity of electrical and electronic equipment manufacturers subject to mandatory recycling) #

Article 16-2(Recycling methods and standards for electrical and electronic equipment manufacturers subject to mandatory recycling) #

Article 16-3(Collection of substances inducing changes in climate or ecosystem by electrical and electronic equipment manufacturers subject to mandatory recycling) #

Article 16-4(Duty of distributors of electrical and electronic equipment to collect and transfer) #

Article 17(Submission of plan to recycle or collect) #

Article 18(Collection of recycling charges of electrical and electronic equipment) #

Article 18-2(Collection of charges for collecting electrical and electronic equipment) #

Article 18-3(Handling of charges for recycling electrical and electronic equipment, charges for collecting electrical and electronic equipment) #

Article 18-4(Payment of charges by credit card) #

Article 18-5(Deferment of collection and installment payments of charges for recycling electrical and electronic equipment) #

Article 19(Uses of charges for recycling electrical and electronic equipment) #

Article 20(Support for facilitating recycling of waste electrical and electronic equipment) #

Article 20-2 #

Article 20-3 #

Article 20-4(Establishment and operation of future waste resources base collection center) #

Article 21(Establishment of mutual aid association for recycling electrical and electronic equipment) #

Article 22(Authorization of mutual aid association) #

Article 22-2(Corrective orders) #

Article 22-3(Revocation of authorization) #

Article 23(Allotted contributions) #

Article 24(Application mutatis mutandis of the Civil Act) #

Article 25(Observance of rate for recycling end-of-life vehicles) #

Article 26(Recycling method of end-of-life vehicles) #

Article 27(Collection and storage of climate/ecosystem-changing substances) #

Article 28(Appropriation for expenses for treatment and recycling of end-of-life vehicles) #

Article 29(Formation of business association) #

Article 30(Procedure for authorization of business associations) #

Article 31(Report on recycling of end-of-life vehicles) #

Article 32(Registration of end-of-life vehicle recycling business) #

Article 32-2(Registration of waste gas treatment business) #

Article 33(Grounds of disqualification) #

Article 33-2(Issuance of registration certificates) #

Article 33-3(Report on suspension, closure and resumption of business) #

Article 34(Revocation of registration) #

Article 34-2(Imposition and collection of penalty surcharges) #

Article 34-3(Orders requiring treatment of wastes) #

Article 35(Succession to status of end-of-life vehicle recycler or waste gas treatment business operator) #

Article 36(Keeping and preservation of books of account) #

Article 37(Reporting and inspections) #

Article 38(Establishment and operation of business management information system) #

Article 39(Duty of transporters or recyclers to prepare and submit control records) #

Article 40(Cooperation of relevant institutions) #

Article 41(Hearings) #

Article 42(Delegation and entrustment of authority) #

Article 43(Penalty provisions) #

Article 44(Joint penalty provisions) #

Article 45(Administrative fines) #

Article 46(Imposition and collection of administrative fines) #