Article 1(Purpose) #
The purpose of this Act is to promote the environment-friendly utilization of organic waste resources and to contribute to the conservation of the environment and the sound development of the national economy by creating a foundation necessary for the production and use of biogas from organic waste resources.
Article 2(Definitions) #
The terms used in this Act are defined as follows: <Amended on Oct. 1, 2025>
1. The term "organic waste resources" means any of the following:
a. Sewage sludge generated during the treatment of sewage defined in subparagraph 1 of Article 2 of the Sewerage Act at a public sewage treatment plant;
b. Foul waste defined in subparagraph 2 of Article 2 of the Sewerage Act;
c. Livestock excreta defined in subparagraph 2 of Article 2 of the Act on the Management and Use of Livestock Excreta;
d. Food wastes among wastes defined in subparagraph 1 of Article 2 of the Wastes Control Act;
e. Residues of animals and plants among wastes defined in subparagraph 1 of Article 2 of the Wastes Control Act;
f. Other organic materials prescribed by Presidential Decree;
2. The term "biogas" means gases generated by converting organic materials from among renewable energy specified in subparagraph 2f of Article 2 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy (excluding landfill gases generated by converting organic waste from waste landfill facilities);
3. The term "biogas production" means the production of biogas from organic waste resources;
4. The term "biogas plant" means a facility producing biogas from organic waste resources, which is prescribed by Decree of the Ministry of Climate, Energy and Environment;
5. The term "use of biogas" means the use of biogas produced at a biogas plant for electricity production, heat supply, gaseous fuel, etc.;
6. The term "greenhouse-gas emission permit" means an emission permit defined in subparagraph 3 of Article 2 of the Act on the Allocation and Trading of Greenhouse-Gas Emission Permits.
Article 3(Relationship to other statutes) #
This Act shall take precedence over other statutes with respect to the production and use of biogas from organic waste resources.
Article 4(Responsibilities of the State and local governments) #
(1) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), and the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply) shall ascertain the current status of the discharge and treatment of organic waste resources generated in his or her jurisdiction, shall install and operate a biogas plant, and shall take necessary measures to ensure that a business entity that discharges or treats organic waste resources in his or her jurisdiction actively participates in biogas production.
(2) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or a Special Self-Governing Province Governor may provide the head of a Si/Gun/Gu with technical and financial support necessary to faithfully fulfill the responsibilities under paragraph (1).
(3) The State may support research and development of technologies for the production and use of biogas and may provide a Mayor/Do Governor and the head of a Si/Gun/Gu with technical and financial support necessary to faithfully fulfill the responsibilities under paragraphs (1) and (2).
(4) A business entity that discharges or treats organic waste resources shall actively participate and cooperate in the biogas production.
Article 5(Establishment of targets for biogas production) #
(1) In order to promote biogas production from organic waste resources, the Minister of Climate, Energy and Environment shall establish and manage targets for biogas production every year for the following obligated public producers and obligated private producers (hereinafter referred to as "obligated producers of biogas"): <Amended on Oct. 1, 2025>
1. Obligated public producers: The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, and the head of a Si/Gun/Gu;
2. Obligated private producers: Business entities that discharge or treat organic waste resources of at least the quantity prescribed by Presidential Decree, other than those referred to in subparagraph 1.
(2) The biogas production target for an obligated public producer shall be calculated by multiplying the production target rate prescribed by Presidential Decree by the aggregate of values computed by multiplying each volume of the following organic waste resources generated by a coefficient considering the production yield, etc. of each type of organic waste resources (hereinafter referred to as "biogas recovery and production coefficient"):
1. The volume of generated organic waste resources specified in subparagraph 1a and b of Article 2;
2. The volume of generated organic waste resources specified in subparagraph 1c and d of Article 2, excluding the volume of organic waste resources generated from obligated private producers.
(3) The biogas production target for an obligated private producer shall be calculated by multiplying the aggregate of values calculated by multiplying each quantity of generated organic waste resources specified in subparagraph 1c and d of Article 2 by the relevant biogas recovery and production coefficient, by the production target rate prescribed by Presidential Decree.
(4) Matters necessary for the calculation of the volume of generated organic waste resources and the biogas recovery and production coefficients for each type of organic waste resources, and other relevant matters shall be prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Oct. 1, 2025>
[Enforcement Date] The amended provisions of Article 5 shall enter into force on the following dates:
1. The provisions regarding obligated public producers: January 1, 2025;
Article 6(Achievement of biogas production targets by obligated public producers) #
(1) The level of achievement of the biogas production target by an obligated public producer shall be measured based on the following biogas production volumes: <Amended on Oct. 1, 2025>
1. The biogas production volume of a biogas plant directly run or outsourced by the relevant obligated public producer;
2. The volume of biogas that the relevant obligated public producer produces by outsourcing the treatment of organic waste resources generated in his or her jurisdiction;
3. The volume calculated by multiplying the ratio prescribed by Decree of the Ministry of Climate, Energy and Environment by the volume of biogas that the relevant obligated producer is provided with by any other producer of biogas.
(2) If an obligated public producer has obtained recognition of the biogas production volume specified in paragraph (1)2 and 3 as that of his or hers to achieve the biogas production target, such volume shall not be duplicately recognized as that of the producer of biogas who has provided the relevant biogas.
(3) Matters necessary for the detailed standards, methods, procedures, etc. for measuring the level of achievement of biogas production targets under paragraphs (1) and (2) shall be prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Oct. 1, 2025>
[Enforcement Date] The amended provisions of Article 6 shall enter into force on the following dates:
1. The provisions regarding obligated public producers: January 1, 2025;
2. The provisions regarding obligated private producers: January 1, 2026.
Article 7(Achievement of biogas production targets by obligated private producers) #
(1) The level of achievement of the biogas production target by an obligated private producer shall be measured based on the following biogas production volumes:
1. The biogas production volume of a biogas plant directly run or outsourced by the relevant obligated private producer;
2. The volume of biogas produced by outsourcing the treatment of organic waste resources generated by the relevant obligated private producer;
3. The volume of biogas that the relevant obligated producer is provided with by any other producer of biogas.
(2) If an obligated private producer has obtained recognition of the biogas production volume specified in paragraph (1)2 and 3 as that of his or hers to achieve the production target, such volume shall not be duplicately recognized as that of the producer of biogas who has provided the relevant biogas.
(3) Matters necessary for the detailed standards, methods, procedures, etc. for measuring the level of achievement of biogas production targets under paragraphs (1) and (2) shall be prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Oct. 1, 2025>
[Enforcement Date] The amended provisions of Article 7 shall enter into force on the following dates:
1. The provisions regarding obligated public producers: January 1, 2025;
2. The provisions regarding obligated private producers: January 1, 2026.
Article 8(Penalty surcharges) #
(1) The Minister of Climate, Energy and Environment may impose a penalty surcharge on an obligated producer of biogas who fails to achieve the biogas production target under Article 5 within the range of the amount calculated by multiplying the difference between the target and the production volume, by urban gas charges under the supply regulations approved pursuant to Article 20 (1) of the Urban Gas Business Act. <Amended on Oct. 1, 2025>
(2) Notwithstanding paragraph (1), the Minister of Climate, Energy and Environment may reduce or exempt a penalty surcharge in any of the following cases: <Amended on Oct. 1, 2025>
1. Where an obligated producer of biogas commences a biogas production plant of at least the size prescribed by Decree of the Ministry of Climate, Energy and Environment;
2. Where the quantity of organic waste resources does not exceed the scale or ratio prescribed by Decree of the Ministry of Climate, Energy and Environment;
3. Other cases prescribed by Presidential Decree where it is necessary to reduce or exempt a penalty surcharge.
(3) An obligated producer of biogas who has paid a penalty surcharge under paragraph (1) shall be deemed to have achieved the biogas production target for the year subject to the imposition of the penalty surcharge.
(4) The standards for calculation, reduction, or exemption of penalty surcharges, the timing of and procedures for payment thereof, and other necessary matters shall be prescribed by Presidential Decree.
(5) If a person liable to pay a penalty surcharge fails to pay it by the payment deadline, the Minister of Climate, Energy and Environment shall issue a demand for payment for a fixed period of at least 30 days. In such cases, a late-payment penalty equivalent to 3/100 of the penalty surcharge in arrears (hereinafter referred to as "late-payment penalty") shall be imposed. <Amended on Oct. 1, 2025>
(6) If a person in receipt of a demand notice under paragraph (5) fails to pay a penalty surcharge and a late-payment penalty by the deadline, such surcharge and penalty shall be collected in the same manner as national taxes are compulsorily collected or in accordance with the Act on the Collection of Local Administrative Penalty Charges.
(7) A penalty surcharge and a late-payment penalty shall be accounted for as income of the Special Account for Environmental Improvement under the Framework Act on Environmental Policy.
Article 9(Reporting on volume of discharged organic waste resources) #
(1) An obligated producer of biogas shall calculate and prepare each year the organic waste resources discharge volume, the organic waste resources treatment volume, and the biogas production volume and shall report such volumes to the Minister of Climate, Energy and Environment. <Amended on Oct. 1, 2025>
(2) If the Minister of Climate, Energy and Environment deems the data submitted by an obligated producer of biogas pursuant to paragraph (1) to be deficient or incomplete, the Minister may issue an order for correction or supplementation. <Amended on Oct. 1, 2025>
(3) Matters necessary for the calculation, preparation, and reporting of the organic waste resources discharge volume, etc. under paragraph (1), the orders for correction and supplementation under paragraph (2), and other relevant matters shall be prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Oct. 1, 2025>
Article 10(Management of statistics and performance evaluation) #
(1) The Minister of Climate, Energy and Environment shall compile and manage the following statistics each year: <Amended on Oct. 1, 2025>
1. The gross organic waste resources discharge volume, the gross organic waste resources treatment volume, and the gross biogas production volume of the Republic of Korea;
2. The organic waste resources discharge volume, the organic waste resources treatment volume, and the biogas production volume of obligated producers of biogas;
3. Current status of the use of produced biogas;
4. Current status of the acquisition of greenhouse-gas emission permits by using produced biogas.
(2) In order to enhance the efficiency of production and use of biogas, the Minister of Climate, Energy and Environment may evaluate the operational performance of biogas plants and may provide different support under this Act based on the results of such evaluation. <Amended on Oct. 1, 2025>
(3) The Minister of Climate, Energy and Environment may disclose information on the statistics specified in the subparagraphs of paragraph (1) and the results of evaluation under paragraph (2). <Amended on Oct. 1, 2025>
(4) Matters necessary for the compilation of statistics under paragraph (1), the evaluation under paragraph (2), the disclosure of information under paragraph (3), and other relevant matters shall be prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Oct. 1, 2025>
Article 11(Securing of organic waste resources) #
(1) The State, the heads of local governments, and business entities that discharge or treat organic waste resources shall actively participate and cooperate in efficiently collecting, transporting, and transferring organic waste resources.
(2) Matters necessary for the collection, transportation, transfer, etc. of organic waste resources shall be prescribed by Decree of the Ministry of Climate, Energy and Environment. In such cases, the head of a local government may separately prescribe by ordinance of the relevant local government matters necessary for the methods of collecting, transporting, and transferring organic waste resources within the scope prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Oct. 1, 2025>
(3) A person who installs and operates a biogas plant may utilize energy crops, etc. other than organic waste resources in combination with such resources, as prescribed by Decree of the Ministry of Climate, Energy and Environment, in order to improve biogas productivity. <Amended on Oct. 1, 2025>
Article 12(Installation of integrated plants) #
When an obligated producer of biogas newly establishes or replaces a biogas plant, such producer shall preferentially install a plant for producing biogas by the integrated treatment of at least 2 types of organic waste resources; provided, this shall not apply if there exists any unavoidable cause, such as where it is impracticable to secure organic waste resources for the integrated treatment.
Article 13(Promotion of use of biogas) #
(1) A Mayor/Do Governor and the head of a Si/Gun/Gu may recommend urban gas business entities defined in subparagraph 2 of Article 2 of the Urban Gas Business Act, persons who produce hydrogen among high-pressure gas producers under Article 4 of the High-Pressure Gas Safety Control Act, business entities defined in subparagraph 3 of Article 2 of the Integrated Energy Supply Act, or electricity generation business entities defined in subparagraph 4 of Article 2 of the Electric Utility Act, to use biogas produced under this Act.
(2) A Mayor/Do Governor and the head of a Si/Gun/Gu may provide subsidies to cover part of expenses incurred in transporting and transferring biogas, as prescribed by ordinance of the relevant local government, in order to promote the use of biogas.
(3) The Mayor/Do Governor and the head of a Si/Gun/Gu shall endeavor to secure greenhouse-gas emission permits in proportion to the amount of biogas produced.
Article 14(Financial support) #
If it is deemed necessary to provide financial support for the promotion of the production and use of biogas, the State or the local government may fully or partially subsidize obligated producers of biogas to cover necessary expenses within the budget, as prescribed by Presidential Decree.
Article 15(Support for obligated private producers) #
A Mayor/Do Governor or the head of a Si/Gun/Gu may have an obligated public producer treat residues, etc. generated during biogas production at a public sewerage treatment plant defined in subparagraph 9 of Article 2 of the Sewerage Act, a foul waste treatment plant defined in subparagraph 11 of that Article, or a public treatment plant defined in subparagraph 9 of Article 2 of the Act on the Management and Use of Livestock Excreta, as prescribed by ordinance of the relevant local government.
Article 16(Participation of local residents) #
(1) Residents in an area where a biogas plant or a facility for using biogas is installed may participate in business of producing or using biogas in the relevant area in any of the following manners: <Amended on Oct. 1, 2025>
1. Investment in business of producing or using biogas;
2. Investment in a cooperative (referring to a cooperative established under the Framework Act on Cooperatives) for a project for producing and using biogas as a member;
3. Other methods determined by the Minister of Climate, Energy and Environment.
(2) A business entity for biogas production and use shall provide some of the profits generated to local residents according to the ratio of residents' participation.
(3) Matters necessary for the scope of areas under paragraph (1) and the standards and procedures for, and the details, etc. of, the provision of profits under paragraph (2) shall be prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Oct. 1, 2025>
Article 17(Biogas Center) #
(1) The Minister of Climate, Energy and Environment may establish and operate a Biogas Center (hereinafter referred to as the "Center") to perform the following projects:
1. Establishment of targets for biogas production and management of implementation thereof;
2. Management of statistics on organic waste resources and biogas;
3. Support and management for commercialization of biogas production and use technology;
4. Support and management for projects for the development, use, and dissemination of biogas production technology;
5. Support for monitoring and operational consulting on biogas plants;
6. Support and management for education and public relations on organic waste resources and biogas and training of professionals therefor;
7. Domestic and foreign surveys and research on biogas and international cooperation projects for biogas;
8. Other projects prescribed by Decree of the Ministry of Climate, Energy and Environment, which are necessary to promote the production, use, and distribution of biogas.
(2) The Minister of Climate, Energy and Environment may entrust the establishment and operation of the Center to the relevant specialized institution prescribed by Presidential Decree. <Amended on Oct. 1, 2025>
(3) The Minister of Climate, Energy and Environment may contribute funds necessary for the Center to conduct the projects specified in the subparagraphs of paragraph (1) or may provide necessary support. <Amended on Oct. 1, 2025>
(4) Matters necessary for the organization, human resources, budget, and operation of the Center shall be prescribed by Ordinance of the Ministry of Climate, Energy and Environment. <Amended on Oct. 1, 2025>
Article 18(Reporting and inspections) #
(1) The Minister of Climate, Energy and Environment may require a person subject to the imposition and collection of a penalty surcharge under Article 8 to file a report or submit materials, as prescribed by Decree of the Ministry of Climate, Energy and Environment, to the extent necessary for the enforcement of this Act and may require relevant public officials to enter offices, places of business, etc. to inspect relevant documents, facilities, equipment, etc. <Amended on Oct. 1, 2025>
(2) A public official who conducts an inspection pursuant to paragraph (1) shall carry an identification verifying his or her authority and present it to relevant persons.
(3) To conduct an inspection pursuant to paragraph (1), a public official shall notify a person subject to inspection of an inspection plan including the date, purpose, details, etc. of the inspection 7 days prior to the inspection; provided, this shall not apply if it is deemed that an urgent inspection is required or that giving a prior notice can defeat the purpose of the inspection.
Article 19(Delegation and entrustment of authority) #
(1) Part of the authority of the Minister of Climate, Energy and Environment under this Act may be delegated to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, a Special Self-Governing Province Governor, or the head of an environmental local government office, as prescribed by Presidential Decree. <Amended on Oct. 1, 2025>
(2) Part of the duties of the Minister of Climate, Energy and Environment under this Act may be delegated to the Korea Environment Corporation established under the Korea Environment Corporation Act and a specialized institution prescribed by Presidential Decree, as prescribed by Presidential Decree. <Amended on Oct. 1, 2025>
Article 20(Legal fiction as public officials for purposes of applying penalty provisions) #
A person who performs business affairs entrusted pursuant to Article 17(2) or 19(2) shall be deemed a public official for purposes of applying penalty provisions of Articles 129 through 132 of the Criminal Act.
Article 21(Administrative fines) #
(1) Any of the following persons shall be subject to an administrative fine not exceeding 1 million won:
1. A person who fails to submit materials necessary for calculating a penalty surcharge in violation of Article 8(9) or prepares and submits false materials;
2. A person who fails to file a report under Article 9(1) or makes a false representation in such report;
3. A person who fails to comply with an order for correction or supplementation under Article 9(2);
4. A person who fails to file a report or submit materials under Article 18(1), makes a false representation in such report, or submits false materials;
5. A person who refuses, interferes with, or evades access or inspection under Article 18(1).
(2) The Minister of Climate, Energy and Environment shall impose and collect administrative fines under paragraph (1), as prescribed by Presidential Decree. <Amended on Oct. 1, 2025>