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ACT ON PROMOTION OF TRANSITION TO CIRCULAR ECONOMY AND SOCIETY — 법갈피

영문법령 / ACT ON PROMOTION OF TRANSITION TO CIRCULAR ECONOMY AND SOCIETY

ACT ON PROMOTION OF TRANSITION TO CIRCULAR ECONOMY AND SOCIETY

법률일부개정시행 2024-01-01기후에너지환경부 · 제19721호 · 공포 2023-09-14

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to contribute to realizing a sustainable circular economy and society by efficiently utilizing resources in the entire process of production, distribution, consumption, etc. of products, by reducing the generation of wastes to a possible minimum, and by promoting the circular use of the generated wastes.

Article 2(Definitions) #

The terms used in this Act are defined as follows:

1. The term "circular economy" means an environmentally friendly economic system that minimizes input resources and energy by enhancing the sustainability of products and by establishing a circulation network of discarded resources;

2. The term "circular economy and society" means a society in which all members endeavor to achieve the goal of a circular economy, thereby realizing both environmental conservation and greenhouse gas reduction;

3. The term "circular use" means any of the following activities:

(a) A series of activities prescribed by Ordinance of the Ministry of Environment, such as the reuse, with or without reclaiming, of substances or articles used in people's daily lives or industrial activities as resources;

(b) Recovering energy defined in subparagraph 1 of Article 2 of the Energy Act from wastes or any other activities to make such energy recoverable from wastes;

4. The term "circular raw materials" means substances or articles prescribed by Presidential, which are collected after having been used or unused in people's daily lives or industrial activities and all or part of which may be utilized for circular use in their original form or after processing;

5. The term "circular resources" means substances or articles recognized or designated and publicly notified by the Minister of Environment in consultation with the Minister of Trade, Industry and Energy pursuant to Article 21 or 23;

6. The term "resource circulation" means the environmentally friendly use and management of the circular process of resources, such as minimizing the generation of wastes and utilizing generated wastes for circular use, in order to achieve the objectives of environmental policies;

Article 10(Formulation and Implementation of Master Plans for Circular Economy) #

(1) The Minister of Environment shall formulate and implement a master plan for a circular economy (hereinafter referred to as "master plan") which establishes mid- to long-term policy objectives and directions for the transition to a circular economy and society every 10 years, in consultation with the heads of the relevant central administrative agencies.

(2) A master plan shall include the following information:

1. Basic policies for the transition to a circular economy and society and objectives of promoting such basic policies;

2. Saving of resources and reduction of waste generation;

3. Promotion of circular use and disposing of wastes in a proper manner;

4. Role sharing among interested parties, such as local governments, business entities, and citizens;

5. Calculation of expenses incurred in implementing master plans and financing plans;

6. Other matters prescribed by Presidential Decree as necessary for the transition to a circular economy and society.

(3) The Minister of Environment shall examine the appropriateness of a master plan five years after the plan is formulated.

(4) Where it is necessary to amend a master plan as a result of the examination under paragraph (3) or due to changes in other conditions, the Minister of Environment may amend the plan. In such cases, the procedures under paragraph (1) shall apply mutatis mutandis.

(5) To formulate a master plan or amend the plan pursuant to paragraph (4), the Minister of Environment shall submit the plan for deliberation, to the 2050 Carbon Neutrality and Green Growth Committee under Article 15 (1) of the Framework Act on Carbon Neutrality and Green Growth for Coping with Climate Crisis.

(6) The Minister of Environment may request the heads of the relevant central administrative agencies, the heads of local governments, or related institutions or organizations to provide materials or cooperation necessary for formulating a master plan. In such cases, a person so requested shall comply with the request unless there is a compelling reason not to do so.

(7) Upon formulating or amending a master plan under paragraph (1) or paragraph (4), the Minster of Environment shall submit the master plan to the competent Standing Committee of the National Assembly in accordance with the procedures and methods prescribed by Presidential Decree.

Article 15(Circular Economy Performance Management and Support for Business Entities) #

(1) In order to achieve the mid- to long-term and phased national goals for a circular economy under Article 13 (1), the Minister of Environment shall establish and manage the targets for a circular economy specified in subparagraphs 2 and 3 of that paragraph for each business entity falling under the type and scale of business prescribed by Ordinance of the Ministry of Environment (hereinafter referred to as "person subject to the management of circular economy performance"), taking into account conditions for circular use, as prescribed by Ordinance of the Ministry of Environment.

(2) When establishing targets for a circular economy for each person subject to the management of circular economy performance pursuant to paragraph (1), the Minister of Environment shall take into account the scale of business, technological level, international competitiveness, the past record of achieving targets, etc. of the relevant person, in consultation with the Minister of Trade, Industry and Energy and the trade association established pursuant to Article 44.

(3) Where it is impracticable for a person subject to the management of circular economy performance to achieve the targets for a circular economy for each person subject to the management of circular economy performance established pursuant to paragraphs (1) and (2) due to closure or breakdown of resource circulation facilities, a setback in a plan to expand such facilities, changes in the resource circulation market, or any other cause prescribed by Ordinance of the Ministry of Environment, the person may request the Minister of Environment to re-establish such targets within one month from the date such cause arises, by submitting materials necessary for re-establishing the targets to the Minister of Environment.

(4) A person subject to the management of circular economy performance shall submit the following materials to the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment:

1. An implementation plan to achieve the targets for each person subject to the management of circular economy performance established pursuant to paragraphs (1) through (3) and the outcomes of implementation thereof;

2. Matters necessary for establishing mid- to long-term and phased national goals for a circular economy pursuant to Article 13 (1).

(5) Where a person subject to the management of circular economy performance achieves in excess of his or her targets for a circular economy established pursuant to paragraphs (1) through (3) through an assessment of the performance record submitted pursuant to paragraph (4) 1, the Minister of Environment may include such excess into the person's performance of the following year; and if the person fails to achieve the targets, the Minister may issue an order to compensate for the shortfall in achievement of the targets in the following year.

(6) Where a person subject to the management of circular economy performance fails to submit the materials or the implementation plan, etc. under paragraph (1) or (4) or fails to comply with an order issued pursuant to paragraph (5), the Minister of Environment may take necessary measures prescribed by Presidential Decree, such as disclosing the relevant failure.

(7) The Minister of Environment and the Minister of Trade, Industry and Energy may provide administrative, technical, and financial support necessary for persons subject to the management of circular economy performance to support the achievement of the targets for each such person and may provide preferential administrative, technical, and financial treatment to such persons who have excellent performance in achieving the targets for a circular economy.

(8) Matters necessary for the establishment and the management of the targets under paragraphs (1) and (2), the re-establishment of the targets for a circular economy under paragraph (3), the assessment of the performance record under paragraph (5), the support and preferential treatment to persons subject to the management of circular economy performance under paragraph (7), etc. shall be prescribed by Ordinance of the Ministry of Environment.

Article 21(Recognition of Circular Resources) #

(1) The Minister of Environment may recognize substances or articles that meet all of the following standards among wastes as circular resources, in consultation with the Minister of Trade, Industry and Energy; in such cases, the Minister of Trade, Industry and Energy may request the Minister of Environment to recognize substances or articles related to business affairs under his or her jurisdiction as circular resources:

1. The relevant substances or articles shall not be harmful to human health and the environment;

2. The relevant substances or articles shall have economic value high enough to conduct onerous transactions and shall be unlikely to be abandoned;

3. The relevant substances or articles shall meet other standards for circular resources prescribed by Presidential Decree.

(2) An individual, corporation, or organization that intends to obtain recognition of circular resources pursuant to paragraph (1) shall apply for such recognition to the Minister of Environment. In such cases, the Minister of Environment shall issue a certificate to the relevant applicant if the substances or articles stated in the application meet the standards specified in paragraph (1).

(3) A person who has obtained recognition of circular resources pursuant to paragraphs (1) and (2) shall re-obtain such recognition within the period prescribed by Ordinance of the Ministry of Environment, beginning on the third anniversary from the date the first recognition was granted; and the fifth anniversary of the date the final recognition was granted if the person obtains the recognition for the second time or more.

(4) When granting the recognition of circular resources pursuant to paragraphs (1) through (3), the Minister of Environment may attach conditions regarding the purposes, methods, standards, etc. of circular use, if necessary for the health of citizens and the conservation of the environment.

(5) No circular resources recognized by the Minister of Economy pursuant to paragraphs (1) through (3) shall be deemed wastes.

(6) A person who intends to obtain recognition of circular resources pursuant to paragraphs (1) through (3) shall pay fees to the Minister of Environment.

(7) The procedures and methods for applying for recognition of circular resources under paragraphs (2) and (3), the payment of fees under paragraph (6), and other necessary matters shall be prescribed by Presidential Decree.

(8) When the recognition of circular resources is granted, some of the procedures, methods, etc. prescribed by Presidential Decree under paragraph (7) shall be omitted for any substances or articles prescribed by Presidential Decree, such as waste paper and waste metal, which have low environmental impacts.

Article 25(Quality Certification of Circular Resources) #

(1) To enhance the quality and technical competitiveness of circular resources, the Minister of Environment may grant, upon application by a business entity, quality certification of circular resources (hereinafter referred to as "quality certification") after examining the quality and processes of the circular resources and consulting with the Minister of Trade, Industry and Energy. In such cases, the Minister of Environment may entrust business affairs necessary for quality certification to a specialized institution designated in accordance with the standards and procedures prescribed by Presidential Decree (hereinafter referred to as "certifying body").

(2) The Minister of Environment may revoke quality certification on any ground prescribed by Presidential Decree, such as where a person granted quality certification ceases to meet the relevant standards.

(3) Matters necessary for the standards, procedures, etc. for quality certification under paragraph (1) and the revocation of quality certification under paragraph (2) shall be prescribed by Presidential Decree.

(4) Where a certifying body falls under any of the following categories, the Minister of Environment may revoke the designation as a certifying body or order such body to fully or partially suspend its business operations for a specified period not exceeding one year: Provided, That the Minister shall revoke the designation in the case of subparagraph 1 or 5:

1. Where it has been designated by fraud or other improper means;

2. Where it has failed to conduct certification affairs for at least one year consecutively from the date of designation without good cause;

3. Where it ceases to meet the standards for designation under paragraph (1);

4. Where it has conducted certification affairs in violation of the standards and procedures for certification under paragraph (3);

5. Where it conducts certification affairs during the period of business suspension after it has received an order for business suspension.

Article 28(Expedited Processing of New Technologies and Services for Circular Economy) #

(1) A person who intends to conduct business with a new technology or service for a circular economy may file an application with the Minister of Environment to verify whether any permission, approval, registration, authorization, verification, etc. (hereinafter referred to as "permission, etc.") under statutes or regulations related to the new technology or service for a circular economy is required for the relevant business.

(2) Where an application filed under paragraph (1) is under the jurisdiction of another agency, the Minister of Environment shall notify the head of the relevant agency of the fact that the application involving the relevant new technology or service for a circular economy is filed and the details of such application.

(3) The head of the relevant agency shall reply to the Minister of Environment within 30 days from the date of receipt of notification under paragraph (2), stating whether the business affairs regarding the relevant new technology or service for a circular economy are under the jurisdiction of the relevant agency and whether permission, etc. are required. Where no reply is given to the Minister of Environment for the 30-day period, it shall be deemed that such affairs are not under the jurisdiction of the relevant agency or no permission, etc. from the head of the relevant agency are required.

(4) The Minister of Environment shall immediately notify the applicant of whether a reply under paragraph (3) (including whether permission, etc. in accordance with the statutes or regulations under the jurisdiction of the Ministry of Environment are required) is given, of whether temporary permission under Article 33 (1) is required, etc., of other relevant matters.

(5) An applicant notified by the Minister of Environment pursuant to paragraph (4) may freely introduce the relevant new technology or service for a circular economy, except where the notification states that permission, etc. from the Minister of Environment or the head of the relevant agency are required or that temporary permission under Article 33 (1) is required.

(6) Where the head of the relevant agency deems that permission, etc. under the relevant statutes or regulations are required for an application involving a new technology or service for a circular economy under paragraph (1), such head shall reply to the Minister of Environment along with the conditions, procedures, etc. necessary for permission, etc., and where an applicant files an application for permission, etc. according to the details thereof, the head shall expeditiously process such application in accordance with the relevant statutes or regulations.

(7) Except as provided in paragraphs (1) through (6), matters necessary for expedited processing, etc. of new technologies and services for a circular economy shall be prescribed by Presidential Decree.

Article 30(Regulatory Exceptions for Demonstration) #

(1) Where a person who intends to conduct business with a new technology or service for a circular economy has difficulty in doing so due to any of the following circumstances, such person may file an application for a regulatory exception for demonstration (hereinafter referred to as "regulatory exception") to the Minister of Environment, which allows non-application of all or part of the related regulation, in order to perform limited testing and technical verification of the relevant new technology or service:

1. Where the statutes or regulations governing permission, etc. provide for no standards, specifications, requirements, etc. applicable to the relevant new technology or service for a circular economy;

2. Where it is inappropriate to apply the standards, specifications, requirements, etc. provided in the statutes or regulations governing permission, etc. to the relevant new technology or service for a circular economy.

3. Where demonstration is required, within a limited area, period, scale, etc. for the relevant new technology or service for a circular economy, for which it is impossible to apply for permission, etc. under other statutes or regulations.

(2) An applicant for a regulatory exception under paragraph (1) shall purchase liability insurance to compensate for personal injury and property damage that might be caused by the business subject to the regulatory exception, prior to conducting the business: Provided, That where it is impracticable for a business entity granted a regulatory exception to purchase liability insurance, such entity shall formulate compensatory measures in case of any personal injury or property damage that might be caused by the relevant regulatory exception after a separate consultation with the Minister of Environment; and matters necessary for the methods, standards, procedures, etc. for providing compensation shall be prescribed by Presidential Decree.

(3) Upon receipt of an application under paragraph (1), the Minister of Environment shall notify the details of the application to the head of the relevant agency, who shall review such details and send the result thereof in writing to the Minister within 30 days: Provided, That where it is impracticable to specify the relevant agency, the Minister of Environment shall process the application under his or her jurisdiction.

(4) Where the head of the relevant agency requires an applicant for the relevant regulatory exception to supplement materials in order to review whether to grant the regulatory exception, the period spent in supplementing the related materials shall not be included in the period for reply under paragraph (3): Provided, That even in such cases, the head shall reply for a 90-day period regarding the results of the review and if it is impossible to reply, an extension of the period for reply may be requested only once.

(5) The Minister of Environment shall submit an application filed under paragraph (1) to the Deliberation Committee, including reviews by the relevant agency. In such cases, the Minister may request the head of the relevant agency to attend a meeting of the Committee.

(6) The Deliberation Committee shall deliberate on the area, period, and scale of a regulatory exception and on whether to grant the regulatory exception, in consideration of the following:

1. A business implementation plan;

2. The novelty of the relevant new technology or service for a circular economy and benefits to users;

3. Future impacts and effects on the related markets;

4. The likelihood that demonstration may cause irrecoverable damage and the appropriateness of measures to compensate for damage;

5. Potential harm to the lives, health, and safety of citizens, and to the environment; hindrances to balanced regional development; and the safe protection and processing of personal information;

6. Other matters necessary for granting a regulatory exception.

(7) The Deliberation Committee may attach conditions if necessary to ensure safety, etc.

(8) The Minister of Environment shall grant a regulatory exception for the relevant new technology or service for a circular economy based on the results of deliberation and mediation under paragraphs (6) and (7).

(9) Where the Minister of Environment grants a regulatory exception under paragraph (8), the Minister shall notify the applicant for the regulatory exception, of the criteria for review of the regulatory exception for the relevant new technology or service for a circular economy.

(10) The effective period of a regulatory exception shall be determined by the Deliberation Committee, within the range of two years.

(11) A person who has been granted a regulatory exception pursuant to paragraph (8) and has provided the relevant new technology or service for a circular economy shall be liable to compensate for personal injury and property damage caused by such technology or service: Provided, That the foregoing shall not apply where a person granted a regulatory exception proves the lack of intent or negligence on his or her part.

(12) The head of the relevant agency may provide support necessary to facilitate the implementation of projects for demonstration.

(13) Details about paragraphs (1) through (12), matters necessary for the review criteria, procedures, and methods for granting regulatory exceptions, and other necessary matters shall be prescribed by Presidential Decree.

Article 31(Management and Supervision of Regulatory Exceptions) #

(1) The Minister of Environment and the head of the relevant agency shall jointly manage and supervise demonstrations, etc. conducted under a regulatory exception granted pursuant to Article 30 (8).

(2) The head of the relevant agency and a person who intends to conduct a demonstration under a regulatory exception granted pursuant to Article 30 (8) shall provide the users of the relevant new technology or service for a circular economy with readily understandable information regarding the regulatory exception granted, the effective period thereof, etc. and shall actively respond to issues such as potential harm to the lives, health, and safety of citizens and to the environment; and hindrances to balanced regional development; and the safe protection and processing of personal information.

(3) Where the head of the relevant agency deems it necessary to make legislative arrangements even before the expiration of the effective period of a regulatory exception, the head shall immediately commence such arrangements.

(4) Where a person granted a regulatory exception falls under any of the following categories, the Minister of Environment may revoke the application of the regulatory exception or issue a corrective order: Provided, That the Minister shall revoke such application in the case of subparagraph 1:

1. Where the person has been granted the regulatory exception by fraud or other improper means;

2. Where the person ceases to meet the conditions under Article 30 (7) or the criteria for review under paragraph (9) of that Article;

3. Where it is deemed obviously impossible to achieve the purpose of the regulatory exception.

(5) No person for whom the application of a regulatory exception has been revoked pursuant to paragraph (4) shall sell, use, or provide the relevant new technology or service for a circular economy or conduct any similar act.

(6) Details about paragraphs (1) through (5), the procedures for revoking the application of regulatory exceptions, and other necessary matters shall be prescribed by Presidential Decree.

Article 32(Extension of Regulatory Exceptions) #

(1) Where no legislative arrangements have been made related to the matters subject to regulatory exceptions before the expiration of the effective period of the regulatory exceptions under Article 30 (10), the Minister of Environment may extend the effective period only once by up to two years.

(2) A person who intends to obtain an extension of the effective period of the relevant regulatory exception pursuant to paragraph (1) shall file an application with the Minister of Environment at least two months before the expiration of the effective period.

(3) A person granted a regulatory exception pursuant to Article 30 (8) (including a person who obtains an extension of the effective period pursuant to paragraph (1) of this Article) may file with the Minister of Environment and the head of the relevant administrative agency a request for legislative arrangements related to the matters subject to the relevant regulatory exception, along with the results of applying the regulatory exception and business results, at least two months before the expiration of the effective period.

(4) The head of the relevant administrative agency shall review the necessity for legislative arrangements related to the matters subject to the relevant regulatory exception, based on the results of applying the regulatory exception and business results submitted pursuant to paragraph (3); shall report the results of the review to the Deliberation Committee; and shall immediately commence the legislative arrangements if such arrangements are deemed necessary on the grounds that the safety, etc. of the relevant new technology or service for a circular economy have been proven.

(5) Where the Minister of Environment deems it necessary to make legislative arrangements, different from the results of review by the relevant administrative agency, the Minister may file a request for regulatory improvement with, or submit his or her opinions to, the Regulatory Reform Committee established under Article 23 of the Framework Act on Administrative Regulation (hereinafter referred to as the "Regulatory Reform Committee") pursuant to Articles 17 and 17-2 of that Act, and the Regulatory Reform Committee may review the request for regulatory improvement or submitted opinions pursuant to Article 18 of that Act.

(6) Where the head of the relevant administrative agency has commenced legislative arrangements pursuant to paragraph (4) (including where such head has commenced legislative arrangements after review by the Regulatory Reform Committee under paragraph (5)), the Minister of Environment may grant temporary permission under Article 33 for the relevant new technology or service for a circular economy unless it is obvious that such technology or service is prohibited under other statutes.

(7) Notwithstanding paragraph (1), where a request under paragraph (3) is made, the effective period of the relevant regulatory exception shall be deemed not to have expired during the period necessary for the procedures under paragraphs (4) through (6).

(8) Where the statutes or regulations governing permission, etc. for the relevant new technologies and services for a circular economy have been improved, a person granted the relevant regulatory exception pursuant to Article 30 (8) (including a person who has obtained temporary permission pursuant to paragraph (6) of this Article) shall, without delay, obtain permission, etc. in accordance with such statutes or regulations.

(9) A person granted a regulatory exception under Article 30 (8) (excluding a person who has filed a request for legislative arrangements pursuant to paragraph (3)) shall submit the results of applying the regulatory exception and business results to the Minister of Environment and the head of the relevant agency within 30 days from the expiration date of the effective period. In such cases, paragraphs (4) and (5) shall apply mutatis mutandis to the legislative arrangements.

(10) The Minister of Environment may disclose the results of applying the regulatory exception under paragraphs (3) and (9) to vitalize markets related to the relevant new technology or service for a circular economy.

(11) Details about paragraphs (1) through (10) and matters necessary for the procedures for the extension, etc. of regulatory exceptions shall be prescribed by Presidential Decree.

Article 33(Temporary Permission) #

(1) A person who intends to conduct business with a new technology or service for a circular economy may file an application for temporary permission for the relevant new technology and service with the Minister of Environment in any of the following cases:

(2) An applicant for temporary permission under paragraph (1) shall purchase liability insurance to compensate for personal injury and property damage that might be caused by the business subject to the permission, prior to conducting the business: Provided, That where it is impracticable for a business entity granted temporary permission to purchase liability insurance, such entity shall formulate compensatory measures in case of any personal injury or property damage that might be caused by the permission after a separate consultation with the Minister of Environment; and matters necessary for the methods, standards, procedures, etc. for providing compensation shall be prescribed by Presidential Decree.

(4) Where the head of the relevant agency requires an applicant for temporary permission to supplement materials in order to review whether to grant the permission, the period spent in supplementing the related materials shall not be included in the period for reply under paragraph (3): Provided, That even in such cases, the head shall reply for a 90-day period regarding the results of the review and if it is impossible to reply, an extension of the period for reply may be requested only once.

(6) The Deliberation Committee shall deliberate on whether to grant temporary permission in consideration of the following information; in such cases, the Committee may attach necessary conditions, such as an order to conduct a test or inspection by an institution or organization equipped with professional human resources and technology, in order to ensure safety, etc.:

1. A business implementation plan;

2. The novelty of the relevant new technology or service for a circular economy and benefits to users;

3. The likelihood that the relevant new technology or service for a circular economy may cause irrecoverable damage and the appropriateness of measures to compensate for damage;

4. Potential harm to the lives, health, and safety of citizens and to the environment; hindrances to balanced regional development; and the safe protection and processing of personal information.

(7) The Minister of Environment shall grant temporary permission for the relevant new technology or service for a circular economy based on the results of deliberation and mediation under paragraph (6).

(8) Where the Minister of Environment grants temporary permission pursuant to paragraph (7), the Minister shall notify the relevant applicant for temporary permission, of the criteria for review of granting temporary permission for the relevant new technology or service for a circular economy.

(9) The effective period of temporary permission shall be determined by the Deliberation Committee within an extent not exceeding two years: Provided, That where no legislative arrangements have been made related to the statutes or regulations governing permission, etc. for the relevant new technology or service for a circular economy subject to temporary permission before the expiration of the effective period, the Minister of Environment may extend the effective period once by up to two years.

(10) A person who intends to obtain an extension of the effective period of the relevant temporary permission pursuant to the proviso of paragraph (9) shall file an application with the Minister of Environment at least two months before the expiration of the effective period.

(11) A person who has been granted temporary permission pursuant to paragraph (7) and has provided the relevant new technology or service for a circular economy shall be liable to compensate for personal injury and property damage caused by such technology or service: Provided, That the foregoing shall not apply where a person granted temporary permission proves the lack of intent or negligence on his or her part.

(12) The head of the relevant agency shall commence legislative arrangements related to the statutes or regulations governing permission, etc. for the relevant new technology or service for a circular economy before the expiration of the effective period of the temporary permission under paragraph (9).

(13) Where no legislative arrangements have been made related to the statutes or regulations governing permission, etc. within the effective period of the temporary permission extended pursuant to the proviso of paragraph (9), such period shall be deemed extended until the legislative arrangements are completed.

(14) Where the statutes or regulations governing permission, etc. for the relevant new technology or service for a circular economy are prepared, a person who has been granted temporary permission therefor shall obtain permission, etc. in accordance with such statutes or regulations without delay.

(15) Details about paragraphs (1) through (14), matters necessary for the review criteria, procedures, and methods for granting temporary permission, and other necessary matters shall be prescribed by Presidential Decree.

Article 36(Waste Disposal Charges) #

(1) The Minister of Environment may impose and collect waste disposal charges where the following persons dispose of wastes, which can be utilized for circular use, by incineration or landfill:

1. A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu under Article 14 (1) of the Wastes Control Act;

2. An industrial waste discharger under Article 18 (1) of the Wastes Control Act.

(2) Notwithstanding paragraph (1), a person subject to the imposition and collection of waste disposal charges may be granted a partial or full exemption from such charges in cases prescribed by Presidential Decree, including the following cases:

1. Where the person directly creates a landfill and buries wastes therein for a certain period to recycle the wastes later;

2. Where the person recovers energy from wastes at a certain level or higher in the process of disposing of such wastes;

3. Where waste charges are imposed under Article 12 of the Act on the Promotion of Saving and Recycling of Resources;

4. The person is categorized as a small and medium enterprise under the Framework Act on Small and Medium Enterprises.

(3) Waste disposal charges under paragraph (1) shall be calculated, taking into account the expenses that would have incurred in utilizing the incinerated or buried wastes for circular use, by multiplying the calculation index prescribed by Presidential Decree by the amount calculated by applying the computation standards prescribed by Presidential Decree to the quantity of the wastes disposed of.

(4) The standards for calculation of waste disposal charges and for partial or full exemptions, the timing of and procedures for payment of the charges, and other necessary matters shall be prescribed by Presidential Decree.

(5) Where necessary to grant partial or full exemptions from waste disposal charges pursuant to paragraph (2), the Minister of Environment may request the head of the competent tax office to provide taxation information under Article 81-13 of the Framework Act on National Taxes, in writing, specifying the following information: <Newly Inserted on Sep. 14, 2023>

1. Personal information of the relevant taxpayer;

2. The purpose of using taxation information;

3. Matters regarding the sales amount, which is the basis for partial or full exemptions from waste disposal charges.

(6) Where a person liable to pay waste disposal charges fails to pay the charges by the payment deadline, the Minister of Environment shall issue a demand notice, specifying a period of at least 30 days. In such cases, a late payment penalty equivalent to 3/100 of the delinquent waste disposal charges shall be imposed. <Amended on Sep. 14, 2023>

(7) Where a person in receipt of a demand notice under paragraph (6) fails to pay the waste disposal charges or late payment penalty by the specified payment deadline, such charges or penalty shall be collected in the same manner as delinquent national taxes are compulsorily collected. <Amended on Sep. 14, 2023>

(8) Waste disposal charges and late payment penalties under paragraph (6) shall be managed as revenues of the Special Account for Environmental Improvement established under the Framework Act on Environmental Policy. <Amended on Sep. 14, 2023>

(9) Where the Minister of Environment delegates his or her authority or entrusts business affairs to collect waste disposal charges or late payment penalties to a Mayor/Do Governor or to a specialized institution, such as the Korea Environment Corporation established under the Korea Environment Corporation Act, pursuant to Article 47, the Minister may provide as grants some of the collected waste disposal charges or late payment penalties to the Mayor/Do Governor or to the specialized institution, as prescribed by Presidential Decree. <Amended on Sep. 14, 2023>

(10) Where necessary to calculate waste disposal charges, the Minister of Environment may request the Korea Environment Corporation established under the Korea Environment Corporation Act or a person who establishes and operates waste incinerators or landfill facilities to submit related materials. In such cases, a person so requested shall comply with the request unless there is a compelling reason not to do so. <Amended on Sep. 14, 2023>

(11) Where necessary to collect delinquent waste disposal charges, the Minister of Environment may request the Minister of Land, Infrastructure and Transport and the head of the competent local government to provide any of the following materials regarding an industrial waste discharger under Article 18 (1) of the Wastes Control Act; in such cases, a person so requested shall comply with the request unless there is a compelling reason not to do so: <Newly Inserted on Sep. 14, 2023>

1. A certified copy of the building register under Article 38 of the Building Act;

2. A certified copy of land cadastre under Article 71 of the Act on the Establishment and Management of Spatial Data;

3. A certified copy of the motor vehicle register under Article 7 of the Motor Vehicle Management Act.

ACT ON PROMOTION OF TRANSITION TO CIRCULAR ECONOMY AND SOCIETY

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Basic Principles) #

Article 4(Relationship with other Acts) #

Article 5(Responsibilities of the State and Local Governments) #

Article 6(Responsibilities of Business Entities) #

Article 7(Responsibilities of Citizens) #

Article 8(Support for Research and Development of Technologies and Services for Circular Economy) #

Article 9(Creation of Culture for Development of Circular Economy and Society) #

Article 10(Formulation and Implementation of Master Plans for Circular Economy) #

Article 11(Formulation and Implementation of Action Plans and Implementation Plans) #

Article 12(Statistical Surveys on Circular Economy) #

Article 13(Establishment of Goals for Circular Economy) #

Article 14(Circular Economy Performance Management and Support for Cities/Dos) #

Article 15(Circular Economy Performance Management and Support for Business Entities) #

Article 16(Promotion of Use of Circular Raw Materials) #

Article 17(Promotion of Circular Use of Products, etc.) #

Article 18(Assessment of Circular Usability of Products, etc.) #

Article 19(Promotion of Circular Use in Distribution Process) #

Article 20(Use of Sustainable Products) #

Article 21(Recognition of Circular Resources) #

Article 22(Revocation of Recognition of Circular Resources) #

Article 23(Public Notice of Circular Resources) #

Article 24(Promotion of Use of Circular Resources) #

Article 25(Quality Certification of Circular Resources) #

Article 26(Mark for Products Made from Circular Resources) #

Article 27(Deliberation Committee on New Technologies and Services for Circular Economy) #

Article 28(Expedited Processing of New Technologies and Services for Circular Economy) #

Article 29(Collective Processing) #

Article 30(Regulatory Exceptions for Demonstration) #

Article 31(Management and Supervision of Regulatory Exceptions) #

Article 32(Extension of Regulatory Exceptions) #

Article 33(Temporary Permission) #

Article 34(Revocation of Temporary Permission) #

Article 35(Establishment of Region-Based Circular Economy) #

Article 36(Waste Disposal Charges) #

Article 37(Uses of Waste Disposal Charges) #

Article 38(Establishment of Special Account for Circular Economy) #

Article 39(Establishment and Operation of Circular Resource Information Center) #

Article 40(Establishment and Operation of Circular Economy Information System) #

Article 41(Financial and Technical Assistance) #

Article 42(Legislative or Administrative Measures) #

Article 43(International Cooperation for Transition to Circular Economy and Society) #

Article 44(Establishment of Trade Association) #

Article 45(Reporting and Inspection) #

Article 46(Hearings) #

Article 47(Delegation and Entrustment of Authority) #

Article 48(Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) #

Article 49(Effective Period and Re-Examination Period of Regulation) #

Article 50(Penalty Provisions) #

Article 51(Joint Penalty Provisions) #

Article 52(Administrative Fines) #