Article 30(Application for Temporary Permission) #
(1) A person who intends to file an application for temporary permission pursuant to Article 33 (1) of the Act shall submit an application for temporary permission in the form prescribed by Ordinance of the Ministry of Environment to the Minister of Environment, along with the following documents:
1. A business implementation plan specified in Article 33 (6) 1 of the Act;
2. Materials explaining that the relevant new technology or service falls under the category of new technologies and services for a circular economy;
3. Materials explaining that the relevant new technology or service for a circular economy falls under any case specified in the subparagraphs of Article 33 (1) of the Act;
4. Materials explaining the novelty of the relevant new technology or service for a circular economy and the provision of more benefits to users;
5. Materials on damage that may be caused by temporary permission for the relevant new technology or service for a circular economy and on measures to compensate for damage;
6. Materials on 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.
(2) A business implementation plan specified in Article 33 (6) 1 of the Act shall include the following information:
1. Objectives and outline of temporary permission;
2. Statutes or regulations relating to the relevant new technology or service for a circular economy, which require arrangements and the details thereof;
3. Materials verifying the safety of the relevant new technology or service for a circular economy;
4. Major users of the relevant new technology or service for a circular economy and the period for temporary permission;
5. Other matters determined and publicly notified by the Minister of Environment.
(3) Where the Minister of Environment deems it necessary to supplement the details of an application filed pursuant to paragraph (1), the Minister may request the applicant to supplement such details for a specified period.
(4) The Minister of Environment may return an application filed pursuant to paragraph (1) (including where the application is supplemented pursuant to paragraph (3)) in any of the following cases:
1. Where it is obvious that the details of the application do not fall under any case specified in the subparagraphs of Article 33 (1) of the Act;
2. Where the applicant fails to submit the documents specified in the subparagraphs of paragraph (1) or to comply with a request for supplementation under paragraph (3);
3. Where it is obvious that the details of the application have been prepared by fraud or other improper means.
(5) Article 27 (1) shall apply mutatis mutandis to the verification of the purchase of liability insurance that an applicant for temporary permission under Article 33 (1) of the Act (hereafter in this Article referred to as "applicant for temporary permission") is required to purchase pursuant to the main clause of Article 33 (2) of the Act and the period of such insurance. In such cases, "regulatory exceptions" shall be construed as "temporary permission".
(6) Article 27 (1) through (3) shall apply mutatis mutandis to the amount of liability insurance that an applicant for temporary permission is required to purchase pursuant to the main clause of Article 33 (2) of the Act, details necessary for the purchase and operation of liability insurance, etc., and other relevant matters.
(7) Article 27 (4) shall apply mutatis mutandis to the subsidization of expenses incurred by an applicant for temporary permission to purchase liability insurance, and Article 27 (5) through (11) shall apply mutatis mutandis to the measures to compensate for damage that a business entity granted temporary permission is required to prepare pursuant to the proviso of Article 33 (2) of the Act where such entity is unable to purchase liability insurance, the procedures for compensation for damage, etc. In such cases, "regulatory exceptions" shall be construed as "temporary permission".
(8) When deliberating on whether to grant temporary permission pursuant to the former part, with the exception of the subparagraphs, of Article 33 (6) of the Act, the Deliberation Committee shall comply with the internal standards for review established by itself, giving comprehensive consideration to the following factors:
1. The completeness of the details of a business implementation plan under Article 33 (6) 1 of the Act and the feasibility of implementation;
2. Technical and financial capabilities of an applicant for temporary permission;
3. The novelty of the relevant new technology or service for a circular economy and benefits to users;
4. The appropriateness of countermeasures against damage that may occur in relation to the relevant new technology or service for a circular economy and measures to protect victims;
5. The impact of the relevant new technology or service for a circular economy on the lives, health, and safety of citizens, the environment, balanced regional development, etc.;
6. Possible infringement of personal information due to the relevant new technology or service for a circular economy;
7. Other matters that the Chairperson deems necessary based on the characteristics of the relevant new technology or service for a circular economy.
(9) The expenses incurred in conducting a test or inspection under the latter part, with the exception of the subparagraphs, of Article 33 (6) of the Act shall be borne by an applicant for temporary permission.
(10) Where the Minister of Environment grants temporary permission pursuant to Article 33 (7) of the Act, the Minister shall issue a certificate of temporary permission in the form prescribed by Ordinance of the Ministry of Environment and publicly announce such fact in the Official Gazette or on the website of the Ministry of Environment.
(11) A person who intends to obtain an extension of the effective period of temporary permission pursuant to the proviso of Article 33 (9) of the Act shall submit an application for extension of the effective period of temporary permission in the form prescribed by Ordinance of the Ministry of Environment to the Minister of Environment, along with the following documents:
1. Copy of a certificate of temporary permission issued for the relevant new technology or service for a circular economy;
2. Current status of implementation of a business implementation plan specified in Article 33 (6) 1 of the Act;
3. Whether any safety-related accident, compensation for damage, etc. has occurred in relation to the relevant new technology or service for a circular economy;
4. A plan to extend the period of liability insurance or to revise compensation for damage;
5. Materials necessary to determine the necessity for legislative arrangements relating to the relevant new technology or service for a circular economy and the directions of such arrangements;
6. Other materials deemed necessary to extend temporary permission and requested by the Minister of Environment to be submitted.
(12) Where the Minister of Environment extends the effective period of temporary permission pursuant to the proviso of Article 33 (9) of the Act, the Minister shall issue a certificate of extension of the temporary permission in the form prescribed by Ordinance of the Ministry of Environment.
(13) Upon completing the legislative arrangements pursuant to Article 33 (12) of the Act, the head of the relevant administrative agency shall notify such completion to the Minister of Environment, who shall notify a person granted temporary permission pursuant to Article 33 (7) of the Act of the fact that the statutes or regulations governing permission, approval, registration, authorization, verification, etc. of the relevant new technology or service for a circular economy have been prepared.