|
|
Home
| Databases
| WorldLII
| Search
| Feedback
Laws of the Republic of Korea |
GENERAL PROVISIONSCHAPTER I
Amended by Act No. 9584, Apr. 1, 2009
Article 1 (Purpose)
The purpose of this Act is to contribute to the preservation of the environment and sound development of the national economy by facilitating the use of recycled resources by means of controlling the generation of wastes and facilitating recycling. [This Article Wholly Amended by Act No. 8948, Mar. 21, 2008] Article 2 (Definitions)
The terms used in this Act shall be defined as follows:
1. The term "recycling of resources" means using and managing the process of recycling resources in an environment-friendly manner by controlling the generation of wastes to a necessary extent and properly recycling or treating generated wastes (referring to the final treatment under subparagraph 6 of Article 2 of the Wastes Control Act; hereinafter the same shall apply) in order to achieve the objectives of environmental policies;
2. The term "recyclable resources" means goods or by-products collected after being disposed of in a used or unused state, which are reusable or reusable after reconditioning (including recoverable energy and waste heat, but excluding radioactive substances and substances contaminated by radioactive substances);
3. The term "by-products" means things produced incidentally in the process of manufacturing, processing, repairing or selling goods, supplying energy, or performing civil and construction works;
ACT ON THE PROMOTION OF
SAVING AND RECYCLING OF
RESOURCES
Laws on Green Growth, and Economic Investment in Korea 237 04_LawsConcerningGreenGrowth
4. The term "designated by-products" means by-products prescribed by Presidential Decree, of which recycling in whole or in part is particularly necessary for the efficient use of such resources;
5. The term "recycling" means recycling under subparagraph 7 of Article 2 of the Wastes Control Act;
6. The term "reuse" means using recyclable resources again as they are or after repairing or making them usable again for production activities;
7. The term "use after regeneration" means using recyclable resources again in whole or in part as raw materials or making them usable again;
8. The term "energy recovery" means recovering energy from recyclable resources in accordance with the standards under subparagraph 7 of Article 2 of the Wastes Control Act (hereinafter referred to as "standards for energy recovery") or converting them into energy-recoverable substances;
9. The term "recycled goods" means goods prescribed by ordinance of the Ministry of Environment, which are produced by using recyclable resources;
10. The term "recycling facilities" means installations, equipment, and facilities, prescribed by ordinance of the Ministry of Environment, which are used to manufacture, process, assemble, repair, collect, transport and keep recyclable resources or recycled goods;
11. The term "recycling industries" means industries prescribed by Presidential Decree, which manufacture, process, assemble, repair, collect, transport and keep recyclable resources or recycled goods or conduct the research and development of recycling technology;
12. The term "wastes" means wastes under subparagraph 1 of Article 2 of the Wastes Control Act;
13. The term "bulky wastes" means substances prescribed by Presidential Decree, which are separately measurable and the name of the Article is identifiable, such as furniture and household electric appliances that are discharged from homes, and workplaces;
14. The term "packing materials" means materials and containers,, which are used to pack goods for the purpose of protecting their value and state and preserving their quality in the process of transportation, keeping, handling and use;
15. The term "disposable goods" means goods prescribed by Presidential Decree, which are designed to be used once for the same purpose;
16. The term "goods made of biodegradable resin" means goods prescribed by ordinance of the Ministry of Environment, the certification of environmental mark for which 238 Ministry of Government Legislation
under Article 17 of the Development of and Support for Environmental Technology Act has been obtained, or which satisfies the standards for certification of Articles subject to certification; and
17. The term "goods subject to the improvement of the quality of materials and structure" means goods prescribed by Presidential Decree, the recycling in whole or in part of which is particularly necessary for the efficient use of such resources as they are collected after being disposed of in a used or unused state and the structure or quality of materials of which are required to be improved to make the goods easily recyclable. [This Article Wholly Amended by Act No. 8948, Mar. 21, 2008] Article 2-2 (Basic Principle of Recycling of Resources) (1) A person who manufactures, processes, imports, sells, consumes materials, and goods, or does construction works (referring to the construction works under subparagraph 4 of Article 2 of the Framework Act on the Construction Industry Framework Act on the Construction Industry) shall control the generation of wastes to the utmost extent and mitigate any harm caused thereby.
(2) Generated wastes shall be recycled or properly treated in accordance with the principles in each of the following subparagraphs:
1. Wastes are required to be reused or used after regeneration in whole or in part to the utmost extent;
2. Wastes difficult to reuse or use after regeneration in whole or in part are required to be used for the purposes of energy recovery; and
3. Wastes the reuse, use after regeneration or energy recovery of which under subparagraphs 1 and 2 is impossible are required to be properly treated in a manner which minimizes their impact on the environment.
[This Article Newly Inserted by Act No. 8948, Mar. 21, 2008] Article 3 (Relation with Other Acts and Subordinate Statutes) The Wastes Control Act shall apply to the saving of resources, the control of generation and recycling of wastes, except as otherwise provided for in this Act. [This Article Wholly Amended by Act No. 8948, Mar. 21, 2008] Article 4 (Duty of State and Local Governments)
(1) The State shall formulate policies to facilitate the recycling of resources. Laws on Green Growth, and Economic Investment in Korea 239 04_LawsConcerningGreenGrowth
(2) Local governments shall assume the duty to formulate and implement policies for the facilitation of the recycling of resources, taking into account the characteristics of the areas under their jurisdiction in accordance with the national policies devised under paragraph (1).
[This Article Wholly Amended by Act No. 8948, Mar. 21, 2008] Article 5 (Duties of Businesses)
(1) Businesses shall endeavor to be able to observe the basic principles under Article 2-2 and cooperate in policies taken by the State or local governments to attain the purposes of this Act.
(2) A person who manufactures, imports or sells goods (hereinafter referred to as "manufacturer") shall prevent raw materials and goods from becoming wastes and if they have become wastes, endeavor to recycle or properly treat them. (3) A business that places an order for construction works shall endeavor to conserve resources, use more recycled goods and recycled by-products generated in such construction works.
[This Article Wholly Amended by Act No. 8948, Mar. 21, 2008] Article 6 (Duties of People)
People shall endeavor to facilitate the recycling of resources through discharging recyclable resources after separation, preferentially purchasing recycled goods and preventing them from using disposable goods and at the same time, cooperate in measures taken by the State, local governments and businesses to attain the purposes of this Act. [This Article Wholly Amended by Act No. 8948, Mar. 21, 2008] Article 7 (Formulation of Basic Plans for Recycling of Resources) (1) The Minister of Environment shall formulate a basic plan for the recycling of resources (hereinafter referred to as a "basic plan") at least once every five years in consultation with the heads of central administrative organs concerned, the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors and the Special Self-governing Do Governor.
(2) A basic plan referred to in paragraph (1) shall include the matters in each of the following subparagraphs:
1. Basic directions and goals for the facilitation of recycling of resources; 240 Ministry of Government Legislation
FACILITATION OF RECYCLING OF RESOURCESCHAPTER II
2. Matters concerning the conditions of the recycling of resources, such as the generation and recycling of wastes and the state of recycling industries;
3. Matters concerning setting the goal of recycling of resources;
4. Plans for raising funds needed to achieve goals for the recycling of resources and investment plan; and
5. Other matters necessary for the facilitation of recycling of resources. (3) The heads of the relevant central administrative organs, the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors and Special Self-governing Do Governor shall establish an annual action plan of a basic plan (hereinafter referred to as "action plan"); they will notify the Minister of Environment of such action plan and there after be responsible in implementing it. In all cases, the action plan shall include an investment plan.
(4) The heads of Si/Gun/Gu (referring to the head of autonomous Gu; hereinafter the same shall apply) shall draw up an execution plan for the recycling of resources, taking into account the characteristics of the areas under their jurisdiction and submit it to the Special Metropolitan City Mayor, Metropolitan City Mayors and Do Governors and implement it.
(5) Matters necessary for the establishment of basic plan, action plan and execution plan for the recycling of resources under paragraphs (1), (3) and (4) shall be determined by Presidential Decree.
[This Article Wholly Amended by Act No. 8948, Mar. 21, 2008] SECTION 1 Saving of Resources, Control of Generation of Wastes Article 8 (Saving of Resources)
(1) The Government may recommend matters necessary for the saving of resources, control of generation of wastes and recycling of wastes to producers and consumers or guide them.
(2) The Ministers of competent ministries may request the Heads of the relevant central administrative organs to cooperate in the dissemination of equipment and technology for saving of resources and control of generation of wastes. Laws on Green Growth, and Economic Investment in Korea 241 04_LawsConcerningGreenGrowth
[This Article Wholly Amended by Act No. 8948, Mar. 21, 2008] Article 8-2 (Assessment of Recyclability of Resources of Goods) The Government shall formulate measures necessary to mitigate the impacts of goods on the environment, such as technical support to enable manufacturers to make self-assessment of the matters in each of the following subparagraphs:
1. In cases where goods have become wastes, matters concerning the recycling and proper treatment thereof;
2. In cases where goods have become wastes, matters concerning the weight and volume thereof;
3. Matters concerning harmful substances contained in goods;
4. Durability of goods; and
5. Other matters prescribed by Presidential Decree, such as management of assessment information.
[This Article Newly Inserted by Act No. 8948, Mar. 21, 2008] Article 9 (Control of Generation of Packing Wastes) (1) A manufacturer of goods determined by Presidential Decree shall observe matters falling under any of the following subparagraphs in order to control the generation of packing wastes and facilitate the recycling of packing wastes:
1. Standards for the quality of packing materials and methods of packaging (referring to the rate of packing space and the frequency of packing; hereinafter the same shall apply); or
2. Standards for the annual reduction of packing materials made of synthetic resin (excluding goods made of biodegradable resin; the same shall apply hereafter in this Article).
(2) The Minister of Environment shall establish detailed standards for the quality of packing materials of goods, method of packing and standards for the annual reduction of packing materials made of synthetic resin under paragraph (1) by ordinance of Ministry of Environment in consultation with the ministers of competent ministries. (3) The Special Metropolitan City Mayor or the head of Si/Gun/Gu may order a manufacturer who is found to have violated the standards under paragraphs (1) and (2), as a result of conducting a simplified evaluation method, to stop production; the simplified evaluation method provided by the Minister of Environment is conducted 242 Ministry of Government Legislation
by having the method of packing and quality of packing materials of goods inspected by a specialized institute determined by Ordinance of the Ministry of Environment under conditions prescribed by Ordinance of the Ministry of Environment, in a fixed period of time.
(4) The Minister of Environment shall urge a manufacturer to indicate the method of packing and quality of packing materials on the surface of packing under conditions prescribed by ordinance of the Ministry of Environment. [This Article Wholly Amended by Act No. 8948, Mar. 21, 2008] Article 10 (Control of Use of Disposable Goods)
A business that runs a restaurant, a public bath, a department store or other types of business as prescribed by Presidential Decree shall control the use of disposable goods under conditions prescribed by Presidential Decree nor shall these businesses provide disposable goods without proper compensation for such goods. Provided, when the disposable good are made of biodegradable resin, such goods may be provided without compensation. [This Article Wholly Amended by Act No. 8948, Mar. 21, 2008] Article 11 (Consideration of Recyclability of Resources in Development Projects)
(1) The government shall formulate measures necessary to enable the performer of a development project (referring to projects determined by Presidential Decree such as urban development projects under Article 2 (1) 2 of the Urban Development Act,; hereinafter the same shall apply) to facilitate the recycling of resources prior to the implementation of such project, taking into consideration the matters in each of the following subparagraphs:
1. Selection of structures and materials to facilitate the recycling of resources at the time of planning and designing a development project;
2. Use of recycled aggregates at the time of carrying out a development project; and
3. Recycling and proper treatment of wastes generated by development projects. (2) The Special Metropolitan City Mayor or the head of Si/Gun/Gu may advise a business constructing apartment houses or accommodation facilities under Article 2 (2) 2 or 15 of the Building Act to furnish storage spaces, such as built-in closets furniture or fixtures of built-in type in order to restrict the generation of wastes. [This Article Wholly Amended by Act No. 8948, Mar. 21, 2008] Laws on Green Growth, and Economic Investment in Korea 243 04_LawsConcerningGreenGrowth
Article 12 (Waste Charges)
(1) In order to restrict the generation of wastes and prevent the waste of resources, the Minister of Environment shall impose the collection of expenses incurred from the treatment of the wastes of goods, materials and containers (excluding goods, packing materials and goods made of biodegradable resin under Article 16) determined by Presidential Decree, which contain substances falling under any of the following subparagraphs or goods that are difficult to recycle or likely to cause problems in the management of wastes on and from the manufacturer or importer thereof:
1. Specified hazardous air pollutants under subparagraph 9 of Article 2 of the Clean Air Conservation Act;
2. Specified hazardous water pollutants under subparagraph 8 of Article 2 of the Water Quality and Ecosystem Conservation Act; and
3. Poisonous substances under subparagraph 3 of Article 2 of the Toxic Chemicals Control Act.
(2) The criteria for the calculation of the amount of expenses to be born by a manufacturer or importer under paragraph (1) (hereinafter referred to as "waste charges") are time of payment, procedure for payment and other necessary matters shall be determined by Presidential Decree.
(3) In cases where a person liable to pay waste charges fails to pay themat the time of deadline, the Minister of Environment shall urge him/her to make the payment, fixing a period not shorter than 30 days. In such cases, additional dues equivalent to 5/100 of waste charges in arrears shall be imposed. (4) In cases where a person who is urged to make payment under paragraph (3) fails to pay waste charges or additional dues at the time of the deadline, the waste charges or additional dues shall be collected pursuant to the example of dispositions of national taxes in arrears.
(5) The waste charges and additional dues under paragraph (3) shall become the revenue of the special accounts for environment improvement of the Act on Special Accounts for Environmental Improvement.
(6) The Minister of Environment may, in cases where he/she has entrusted the affairs of collection of waste charges and additional dues to a relevant specialized institution such as the Korea Environment and Resources Corporation (hereinafter referred to as the "Corporation") established under the Korea Environment and Resources Corporation Act under Article 38 (2), grant part of collected waste charges and 244 Ministry of Government Legislation
additional dues to such institution as collection expenses under conditions prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8948, Mar. 21, 2008] SECTION 2 Facilitation of Separate Collection and Reuse of Wastes Article 12-2 (Separate Storage by Waste Dischargers) (1) The owners, occupants or managers of land or buildings determined by Presidential Decree, who discharge wastes (hereinafter referred to as "waste dischargers") shall recycle recyclable wastes discharged from the land or buildings in accordance with the criteria determined by ordinance of the Ministry of Environment or store them separately by kind, character and condition.
(2) The Special Metropolitan City Mayor and the head of Si/Gun/Gu may order a waste discharger who fails to observe the criteria under paragraph (1) to take necessary measures under conditions prescribed by ordinance of the Ministry of Environment. [This Article Newly Inserted by Act No. 8948, Mar. 21, 2008] Article 13 (Separate Collection of Recyclable Resources) (1) The Minister of Environment may establish guidelines for classification, storage, and collection for the separate collection of recyclable resources in consideration of the quantity of wastes generated and conditions of recycling in order to efficiently utilize recyclable resources.
(2) The Special Metropolitan City Mayor, Metropolitan City Mayors and Do Governors shall provide assistance to local governments under their jurisdiction for the efficient separate collection of wastes, and the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors and the Special Self-governing Do Governor shall investigate the quantity of each production and separately collected recyclable resources each year in accordance with the guidelines set by the Minister of Environment and publish the result thereof.
(3) The Special Self-governing Do Governor and the head of Si/Gun/Gu shall take measures necessary for separate collection in consideration of regional circumstances, such as the installation of facilities or containers to store recyclable resources in accordance with the guidelines under paragraph (1). [This Article Wholly Amended by Act No. 8948, Mar. 21, 2008] Laws on Green Growth, and Economic Investment in Korea 245 04_LawsConcerningGreenGrowth
Article 13-2 (Establishment and Operation of Recycling Centers) (1) The Special Self-governing Do Governor and the head of Si/Gun/Gu shall establish and operate facilities necessary to facilitate the exchange of second-hand goods and recycling of reusable bulky wastes (hereafter in this Article referred to as "recycling centers").
(2) The Special Self-governing Do Governor and the head of Si/Gun/Gu shall set up at least one recycling center in each Special Self-governing Do and Si/Gun/Gu (referring to the autonomous Gu; hereinafter the same shall apply), and one recycling center shall be installed and operated additionally wherever the population exceeds 200,000 persons.
(3) The Special Self-governing Do Governor and the head of Si/Gun/Gu shall, when collecting, sorting and treating bulky wastes, utilize recycling centers preferentially. (4) In cases where a person other than the Special Self-governing Do Governor and the head of Si/Gun/Gu installs and operates a recycling center, he/she shall notify the Special Self-governing Do Governor or the head of the relevant Si/Gun/Gu of such fact.
(5) The Minister of Environment may provide persons who shall install and operate recycling centers under the provisions of paragraphs (1) through (4) with financial and technical support.
(6) Other necessary matters concerning the installation of recycling centers, standards for facilities, shall be determined by Presidential Decree. [This Article Wholly Amended by Act No. 8948, Mar. 21, 2008] Article 14 (Separate Discharge Mark)
A manufacturer of goods and packing materials determined by Presidential Decree, where in it is necessary to put a separate collection mark for the facilitation of recycling of wastes shall put a separate discharge mark on such goods and packing materials in accordance with the guidelines determined and announced by the Minister of Environment. [This Article Wholly Amended by Act No. 8948, Mar. 21, 2008] Article 15 (Facilitation of Reuse of Parts)
(1) A manufacturer of goods shall, when distributed goods have become wastes, endeavor to recover such goods or parts to use them for the manufacture of new goods or make them reusable.
246 Ministry of Government Legislation
(2) The government shall take necessary measures, such as provision of technical assistance to enable manufacturers to achieve the objectives under paragraph (1). [This Article Wholly Amended by Act No. 8948, Mar. 21, 2008] Article 15-2 (Bond Money and Handling Fees for Empty Containers) (1) A manufacturer or importer of goods determined by Presidential Decree may include a certain amount of money in the prices of goods, separate from factory prices or import prices (hereinafter referred to as "bond money for empty containers") to facilitate the recovery and reuse of the containers used in such goods. (2) A manufacturer of the goods, the price of which includes bond money for empty containers under paragraph (1), shall refund such bond money for empty containers to a person who returns a container.
(3) A manufacturer or importer of goods, the price of which includes bond money for empty containers under paragraph (1), shall pay expenses incurred from the storage and transportation of empty containers (hereinafter referred to as "handling fees") to wholesalers and retailers (limited to businesses conducting general retail businesses, and retail businesses of beverages, foods or tobacco pursuant to the Korea Standard Industrial Classification) under conditions prescribed by ordinance of the Ministry of Environment.
(4) Matters to be observed by manufacturers of goods for the smooth recovery and reuse of empty containers, such as refund of bond money for empty containers and payment of handling fees by the specification of containers shall be determined by ordinance of the Ministry of Environment.
[This Article Newly Inserted by Act No. 8948, Mar. 21, 2008] Article 15-3 (Usage of Remainder of Bond Money for Empty Containers) (1) The remainder after refunding the bond money for empty containers (hereinafter referred to as "unrefunded bond money") under Article 15-2, shall be used for purposes falling under any of the following subparagraphs:
1. Public relations for the improvement of the rate of recovery of empty containers;
2. Installation of and assistance for empty container-keeping and collecting stations;
3. Research and development of measures for the efficient recovery and recycling of empty containers;
4. In cases where the amount of refunded bond money for empty containers exceeds Laws on Green Growth, and Economic Investment in Korea 247 04_LawsConcerningGreenGrowth
the amount of bond money for empty containers received in the previous year, the compensation therefore; or
5. Other activities for preservation of the environment. (2) Detailed matters concerning the calculation, usage plan, report of results of unfunded bond money shall be determined by ordinance of the Ministry of Environment. [This Article Newly Inserted by Act No. 8948, Mar. 21, 2008] SECTION 3 Facilitation of Recycling of Wastes,
Article 16 (Obligation of Manufacturer to Recycle) (1) A manufacturer or importer (in cases of packing materials, including sales of business of the goods using packing materials, but limited to those who run the places of business, the type of business and the size of which are determined by Presidential Decree; hereinafter referred to as a "producer obligated to recycle") of the goods and packing materials prescribed by Presidential Decree, the recovery and recycling of which can be facilitated through the improvement of the quality of materials, structure or recovery system in the stages of production and distribution, or which generate a large quantity of wastes after use shall recover the wastes of such goods and packing materials for recycling (including cases of recycling through entrustment to persons reporting waste recycling under Article 46 of the Wastes Control Act or those determined by Presidential Decree, who are deemed able to carry out a recycling business efficiently) or pay allotted charges to the Recycling Business Mutual Aid Association under Article 27.
(2) In cases of recycling entrusted by a producer obligated to recycle or the Recycling Business Mutual Aid Association under paragraph (1), a contract shall be entered into so as to protect the person entrusted with recycling to the utmost extent under conditions prescribed by Presidential Decree, such as not to infringe upon the business areas of small and medium-size enterprises protected under Article 30 of the Act on the Promotion of Collaborative Cooperation between Large Enterprises and Small-Medium Enterprises, and the parties to the contract shall faithfully fulfill the contract. (3) A producer obligated to recycle and a person entrusted with recycling shall recycle wastes in accordance with the methods of and criteria for recycling of each goods and packing materials as determined by ordinance of the Ministry of Environment. [This Article Wholly Amended by Act No. 8948, Mar. 21, 2008] 248 Ministry of Government Legislation
Article 17 (Mandatory Recycling Ratio)
(1) The Minister of Environment shall publish the ratio of the quantity to be recycled (hereinafter referred to as the "mandatory recycling ratio") among the annual quantity shipped out of factory by the type of goods and packing materials under Article 16, taking into account the quantity of goods and packing materials shipped out of factory, the quantity of separate collection of recyclable resources separately collected (including the quantity of recyclable resources published by the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors, and Special Self-governing Do governor under Article 13-2), records of recycling, conditions of recycling in consultation with the ministers of competent ministries. (2) The standards for calculating the quantity to be recycled by a producer obligated to recycle pursuant to the mandatory recycling ratio (hereinafter referred to as the "mandatory recycling quantity") shall be prescribed by Presidential Decree, taking into account the quantity shipped out of factory, the mandatory recycling ratio of each goods and packing materials.
[This Article Wholly Amended by Act No. 8948, Mar. 21, 2008] Article 18 (Submission of Plan for Fulfillment of Obligation to Recycle) (1) A producer obligated to recycle shall submit to the Minister of Environment a plan for the fulfillment of the obligation to recycle and obtain the Minister's approval thereon under conditions prescribed by Presidential Decree: the same shall not apply to those who have paid charges allotted to the Recycling Business Mutual Aid Association established under Article 27 under Article 16 (1). (2) A person, who has obtained approval of a plan for the fulfillment of the obligation to recycle under paragraph (1), shall submit a report on the outcome of fulfilling the obligation to recycle, including materials to verify the records of recycling to the Minister of Environment under conditions prescribed by Presidential Decree. [This Article Wholly Amended by Act No. 8948, Mar. 21, 2008] Article 19 (Collection of Recycling Dues)
(1) The Minister of Environment shall, when a producer obligated to recycle fails to carry out the obligation under Article 16 or the Recycling Business Mutual Aid Cooperatives under Article 27 and fails to vicariously fulfill the obligation of cooperative members to recycle, shall impose and collect the expenses incurred for the recycling of the quantity of wastes not recycled among the mandatory recycling quantity, adding to Laws on Green Growth, and Economic Investment in Korea 249 04_LawsConcerningGreenGrowth
it an amount of money equivalent to 30/100 of the expenses (hereinafter referred to as the "recycling dues") on and from the producer obligated to recycle or the Recycling Business Mutual Aid Cooperatives.
(2) The expenses required for the recycling of wastes, which become the basis for calculating recycling dues, time, procedure of payment thereof and other necessary matters shall be determined by Presidential Decree. (3) The Minister of Environment shall, when a person liable to pay recycling dues under paragraph (1) fails to pay such dues by the payment deadline, urge him/her to make payment, fixing a period of time not less than 30 days. In such cases, additional charges equivalent to 5/100 of the amount of recycling dues in arrears shall be imposed. (4) In cases where a person urged for payment under paragraph (3) fails to pay recycling dues or additional charges by the deadline, such recycling dues or additional charges shall be collected pursuant to the example of dispositions of national taxes in arrears. (5) Recycling dues and additional charges under paragraph (3) shall become the revenue of the special accounts for environmental improvement under the Act on the Special Accounts for Environmental Improvement.
(6) The Minister of Environment may, when he/she has entrusted the affairs of collection of recycling dues or additional charges to a relevant specialized institution such as the Corporation under Article 38 (2), grants part of collected recycling dues or additional charges as collection expenses under conditions prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8948, Mar. 21, 2008] Article 20 (Usage of Waste Charges and Recycling Dues) Waste charges and recycling dues shall be used for purposes of the following subparagraphs:
1. Assistance for waste recycling projects and installation of waste disposal facilities;
2. Research and technology development for the efficient recycling and reduction of wastes;
3. Assistance for recovery, recycling, disposal of wastes by local governments;
4. Purchase and reserve of recyclable resources;
5. Assistance for projects for facilitation of recycling
6. Granting collection expenses of waste charges (including additional charges) or recycling dues (including additional charges); and
7. Others, such as assistance for projects necessary to facilitate recycling of resources. [This Article Wholly Amended by Act No. 8948, Mar. 21, 2008] 250 Ministry of Government Legislation
Article 21 Deleted.
1. Matters concerning the goal of using recyclable resources by the type of recycled
goods (excluding by-products; hereafter the
same shall apply in this Article) and
facilitation of recycling;
2. Matters concerning the formulation of a usage plan of recyclable resources and
measures for recycling;
3. Matters concerning records on the utilization of recyclable resources and the
management thereof; and
4. Matters concerning energy recovery and facilitation of use of exhaust heat.
[This Article Wholly Amended by Act No. 8948, Mar.
21, 2008]
Article 24 Deleted.
(1) A business that discharges designated by-products (hereinafter referred to as a
Laws on Green Growth, and Economic Investment
in Korea 251
04_LawsConcerningGreenGrowth
"designated by-product discharging business"), shall comply with the guidelines jointly
published by the Minister of Environment
and the Ministers of Competent Ministries
in accordance with the basic directions and procedures prescribed by Presidential Decree.
(2) The guidelines referred to in paragraph (1) shall include the matters in each of the
following subparagraphs:
1. Matters concerning the methods of recycling pursuant to the usage of designated
by-products;
2. Matters concerning the formulation and implementation of plans for the facilitation
of use of designated by-products; and
3. Matters concerning the separation, crushing of designated by-products.
[This Article Wholly Amended by Act No. 8948, Mar. 21,
2008]
Article 25-2 (Facilities to Use Solid Fuels Composed of Wastes)
A person who uses solid fuels made of wastes from among recycled
goods (hereinafter
referred to as "solid fuels"), shall use them in the facilities prescribed by ordinance of
the Ministry of Environment.
[This Article Wholly Amended by Act No. 8948, Mar. 21, 2008]
Article 25-3 (Observance by User and Manufacturer of Solid Fuels)
(1) Those who intend to manufacture and supply solid fuels shall obtain authentication
on the quality and grade of solid fuels from
an organization (hereinafter referred to
as "authentication organization") designated by the Minister of Environment.
(2) Those
who manufacture or use solid fuels shall comply with the rules to be observed,
such as the quality standards, maintenance and management
of grade, management
of facilities for manufacture, storing and utilization.
(3) Details on procedures of authentication on the
quality and grade, standards for quality
and grade, examination and analysis for authentication, and the rules to be observed
pursuant
to paragraph (2), shall be stipulated by ordinance of the Ministry of
Environment.
[This Article Newly Inserted by Act No. 8611, Aug. 3, 2007]
Article 25-4 (Quality Examination of Solid Fuels and Revocation of
Authentication on Quality and Grade)
(1) In order to verify whether the manufacturer, who has received authentication on the
252 Ministry of Government Legislation
quality and grade, manufactures and supplies solid fuels that comply with the quality
and grade, the authentication organization
may collect and examine samples of solid
fuels in the process of manufacturing or distribution.
(2) When a person who has obtained
authentication on the quality and grade of solid
fuels has received authentication by fraudulent or other illegal means, the authentication
organization shall revoke such authentication.
(3) When a person who has received authentication on the quality and grade of solid
fuels falls under any of the following subparagraphs,
the authentication organization
may revoke such authentication:
1. Where he/she has not manufactured or supplied solid fuels for one year or more
since he/she received authentication on the quality
and grade; or
2. Where he/she has not complied with the quality standards on at least three occasions
as a result of examination in paragraph (1).
(4) When authentication has been revoked pursuant to paragraphs (2) and (3), he/she shall
not apply for authentication again within
six months.
[This Article Newly Inserted by Act No. 8611, Aug. 3, 2007]
Article 25-5 (Fee)
The authentication organization may collect fees from persons who apply for authentication
on the quality and grade of solid fuels
in accordance with the standards and method of
calculating fees stipulated by ordinance of the Ministry of Environment.
[This Article
Newly Inserted by Act No. 8611, Aug. 3, 2007]
Article 26 (Advice for Recycling and Order to Take Measures)
(1) Ministers of Competent
Ministries or the Minister of Environment may, when
designated recycling businesses and designated by-product discharging businesses
fail
to comply with relevant guidelines provided for in Articles 23 through 25, notify them
to comply with such guidelines.
(2) Ministers of Competent Ministries or the Minister of Environment may, when a
business to which notice is given under paragraph
(1) fails to comply with the notice
without justifiable grounds, publish the name of the manufacturer together with the
circumstances
wherein the manufacturer violated the guidelines, or order it to take
necessary measures. In such cases, when the Minister of Environment
intends to
publish the name and the circumstances of violation of the guidelines or issue an
Laws on Green Growth, and Economic
Investment in Korea 253
RECYCLING BUSINESS MUTUAL AID COOPERATIVESCHAPTER III
04_LawsConcerningGreenGrowth
order to have it take necessary measures, it shall consult with the Ministers of
Competent Ministries.
[This Article Wholly Amended by Act No. 8948, Mar. 21, 2008]
Article 27 (Establishment of Recycling Business Mutual Aid Cooperatives)
(1) A producer obligated to recycle may establish recycling business mutual aid
cooperatives by goods and packing materials (hereinafter
referred to as "Cooperatives")
to perform the obligation under Article 16.
(2) Each Cooperative shall be a corporation.
(3) The Cooperatives shall be established by registering establishment thereof at the
location of its principal office.
(4) In cases where a corporation established for the purpose of recycling wastes in
accordance with Article 32 of the Civil Act
Civil Act and other Acts and subordinate
statutes has obtained authorization, submitting the documents as referred to in Article
28 (1) 1 through 5 to the Minister of Environment, such corporation shall be considered
as the Cooperatives.
[This Article Wholly Amended by Act No. 8948, Mar. 21, 2008]
Article 28 (Procedure for Authorizing Establishment of Cooperatives)
(1) A person who intends to establish a Cooperative shall obtain authorization from the
Minister of Environment, submitting an
application for authorization for establishment
in which matters in each of the following subparagraphs are included to the Minister:
1. The Articles of association of the corporation, including matters concerning the
purpose, scope of business, cooperative members,
allotted charges, and other
information concerning the operation of the Cooperatives are included;
2. The agreement of producers obligated to recycle affiliated with the Cooperative
on participation;
3. The mandatory recycling quantity of each cooperative member;
4. Statement of the Cooperative's recycling facilities (limited to Cooperatives which
have their own recycling facilities); and
254 Ministry of Government Legislation
ESTABLISHMENT OF FOUNDATION FOR FACILITATION OF RECYCLING OF RESOURCESCHAPTER IV
5. Business plan to vicariously perform the obligation to recycle.
(2) The Minister of Environment shall, when he/she has granted
authorization under
paragraph (1) or Article 27 (4), publicly announce the same.
[This Article Wholly Amended by Act No. 8948,
Mar. 21, 2008]
Article 29 (Allotted Charges)
(1) The criteria for the calculation of allotted charges under Article 16, procedure for
payment and other necessary matters, shall
comply with the conditions as determined
in the relevant Articles of association of the Cooperatives.
(2) The provisions of Articles
16 (3) and 18 shall apply mutatis mutandis to the case
where the Cooperatives performs obligation to recycle vicariously.
[This
Article Wholly Amended by Act No. 8948, Mar. 21, 2008]
Article 30 (Mutatis Mutandis Application of Civil Act Civil Act)
The provisions
of the Civil Act that pertain to incorporated associations, shall apply mutatis
mutandis to the Cooperatives, except as provided
for otherwise in this Act.
[This Article Wholly Amended by Act No. 8948, Mar. 21, 2008]
Article 31 (Financial Assistance for Fostering
of Recycling Industries)
(1) The State or local governments may subsidize or lend funds needed for the recycling
of resources to
a person who conducts business in any of the following subparagraphs
(hereinafter referred to as a "recycling business operator")
to foster recycling industries,
and may, if necessary, arrange loans for him/her:
1. A business to install recycling facilities;
2. A resources recycling business conducted by the operators of designated recycling
businesses and designated by-product discharging
businesses;
3. The installation and operation of energy recovery facilities under Article 24-2;
4. A business to build a recycling complex under Article 34;
5. A recycling business conducted by those who have obtained permission for
intermediate waste disposal business or general waste
disposal business under
Article 25 (5) of the Wastes Control Act and persons reporting waste recycling
Laws on Green Growth, and
Economic Investment in Korea 255
04_LawsConcerningGreenGrowth
under Article 46 Wastes Control Act of the same Act;
6. A business of research and technical development to facilitate recycling of resources;
and
7. Businesses determined by Presidential Decree, which are necessary for the fostering
of recycling industries other than businesses
under subparagraphs 1 through 6.
(2) The government may preferentially provide a recycling business with funds necessary
for facilities,
research, and technical development, from funds in any of the following
subparagraphs: 1. Funds for projects designed to develop technology to build industrial foundations
under the Industrial Technology Innovation Promotion
Act; and
2. Funds for the development and industrial foundation of small and medium
enterprises under the Promotion of Small and Medium Enterprises
and Encouragement
of Purchase of their Products Act.
(3) The Minister of Environment may request the heads of relevant central administrative
organs in charge of administering the funds
in each subparagraph of paragraph (2)
for cooperation necessary to provide support to recycling businesses.
[This Article Wholly
Amended by Act No. 8948, Mar. 21, 2008]
Article 32 Deleted.
(1) The State, local governments or any person prescribed by Presidential Decree may
build recycling complexes in order to foster
the recycling industry and sharpen the
competitiveness of the recycling industry.
(2) The building of recycling complexes as referred to in paragraph (1), shall comply
with the procedure for designation and development
of national or local industrial
complexes under the Industrial Sites and Development Act.
(3) Matters necessary for the building,
management and operation of recycling complexes
shall be determined by Presidential Decree.
256 Ministry of Government Legislation
(4) The State or local governments may devise measures to enable recycling businesses
to preferentially occupy factory sites supplied
by the State or local governments.
[This Article Wholly Amended by Act No. 8948, Mar. 21, 2008]
Article 34-2 (Subsidies for Building
of Recycling Complexes)
In cases where a local government or a person prescribed by Presidential Decree builds
a recycling complex
under Article 34 (1), the State may subsidize the expenses needed
to build such recycling complex.
[This Article Wholly Amended by Act No. 8948, Mar. 21, 2008]
Article 34-3 (Lending and Use of State and Public Assets)
(1) The
State or local governments may, when deemed necessary for the expansion of
recycling facilities, and building and operation of recycling
complexes, establish a
private contract for the lending, use or profit-making of state and public assets or
sell state and public
assets, notwithstanding the State Properties Act or the Public
Property and Commodity Management Act.
(2) The details and conditions of the lending, use, profit-making, sale, under paragraph
(1), shall comply with the conditions prescribed
in the State Properties Act or the
Public Property and Commodity Management Act.
[This Article Wholly Amended by Act No. 8948, Mar. 21, 2008]
Article 34-4 (Installation of Public Recycling Infrastructure)
(1)
The Special Metropolitan City Mayor and the head of Si/Gun/Gu shall install facilities
capable of collecting, storing, sorting,
and treating bulky wastes and recyclable
resources prescribed by the Presidential Decree.
(2) The Special Metropolitan City Mayor, Metropolitan City Mayors and Do Governors
may provide financial and technical support to
the heads of Si/Gun/Gu who shall
install the facilities referred to in paragraph (1), and may offer advice necessary to
increase
the efficiency of the installation and operation of such facilities.
(3) The Special Metropolitan City Mayor, Metropolitan City
Mayors, Do Governors, the
Special Self-governing Do governor, or the head of Si/Gun/Gu may, when it is
necessary to collect, store,
sort, and treat bulky wastes and recyclable resources that
are generated in two or more of the Special Self-governing Do and Sis/Guns/Gus,
jointly install and operate the facilities as referred to in paragraph (1).
[This Article Wholly Amended by Act No. 8948, Mar.
21, 2008]
Laws on Green Growth, and Economic Investment in Korea 257
04_LawsConcerningGreenGrowth
Article 34-5 (Installation of Facilities for Facilitation of Recycling)
(1) The State or a local government may establish and operate
a pretreatment facility
in order to recover recyclable resources to the utmost extent through mechanical
treatment processes, such
as crushing, grinding and sorting or biological treatment
processes, such as aerobic or anaerobic decomposition prior to the treatment
of wastes
by means of incineration or reclamation.
(2) The State or a local government may, if deemed necessary take measures to facilitate
recycling prior to the final treatment
of wastes generated in not less than two of the
Special Metropolitan City, Metropolitan Cities, Dos, the Special Self-governing
Do,
and Sis/Guns/Gus, establish and operate the facilities under paragraph (1) solely or
jointly.
[This Article Newly Inserted by Act No. 8948, Mar. 21, 2008]
Article 34-6 (Criteria and Indices for Assessment of Recycling of Resources)
(1) The Minister of Environment may set and operate criteria and indices to analyze the
generation, recycling, and treatment, of
wastes and manage them.
(2) The Minister of Environment shall assess the results of recycling of resources pursuant
to the criteria
and indices under paragraph (1) and endeavor to reflect such results
in policies for recycling of resources.
[This Article Newly Inserted by Act No. 8948, Mar. 21, 2008]
Article 34-7 (Provision of Information on Recycling of Resources,)
(1) The Minister of Environment shall endeavor to provide people with knowledge and
information on the recycling of resources.
(2) The Minister of Environment may generate and disseminate knowledge and
information on the recycling of resources, establish
and operate a resources recycling
information system to facilitate the generation and dissemination of knowledge and
information
on the recycling of resources.
(3) The Minister of Environment may demand the head of a relevant central administrative
organ to submit data necessary for the
establishment and operation of a resources
recycling information system. In such cases, the head of the relevant central
administrative
organ shall comply with such demand unless there is any special reason
not to do so.
[This Article Newly Inserted by Act No. 8948, Mar. 21, 2008]
258 Ministry of Government Legislation
SUPPLEMENTARY PROVISIONSCHAPTER V
Article 34-8 (Establishment of Voluntary Agreement)
(1) The Minister of Environment or the head of a local government may enter
into an
agreement with a waste discharging business, recycling business, manufacturer, or
organization comprised thereof (hereinafter
referred to as "voluntary agreement") in
order to control the generation of wastes and facilitate recycling.
(2) Necessary matters
concerning the objective of a voluntary agreement, method and
procedure of fulfillment, shall be determined by ordinance of the
Ministry of
Environment or Municipal ordinance of a local government concerned.
(3) The Minister of Environment or the head of
a local government may provide a person
who has entered into a voluntary agreement under paragraph (1), assistance necessary
for
the fulfillment of such voluntary agreement.
[This Article Newly Inserted by Act No. 8948, Mar. 21, 2008]
Article 34-9 (International Cooperation for Facilitation of Recycling
of Recourses)
(1) The State shall devise necessary measures, such as exchange and provision of
information and holding international
conferences for the promotion of international
cooperation for facilitation of recycling of resources.
(2) The Minister of Environment
may promote projects in each of the following
subparagraphs to promote international cooperation under paragraph (1):
1. Investigation and research for international cooperation related to recycling of
resources;
2. International exchange of manpower and information related to recycling of
resources;
3. Holding exhibitions and seminars related to recycling of resources;
4. Development of overseas markets for the fostering of recycling industries;
5. Other projects deemed necessary for the promotion of international cooperation.
[This Article Newly Inserted by Act No. 8948,
Mar. 21, 2008]
Article 35 (Resources Recycling Association)
(1) A person determined by Presidential Decree such as producers obligated to recycle,
Cooperatives, producers of recycled goods
and collectors of recyclable resources may
Laws on Green Growth, and Economic Investment in Korea 259
04_LawsConcerningGreenGrowth
establish an association for the facilitation of recycling (hereinafter referred to as the
"Resources Recycling Association"), obtaining
the permission of the Minister of
Environment under conditions prescribed by Presidential Decree.
(2) The Minister of Environment
may subsidize the expenses incurred from the operation
of the Resources Recycling Association within the budgetary limit.
[This
Article Wholly Amended by Act No. 8948, Mar. 21, 2008]
Article 35-2 (Financial and Technical Assistance)
The State may provide
necessary financial and technical assistance to a local government
or business, to promote the business in each of the following
subparagraphs:
1. Assessment of recyclability of resources of goods under Article 8-2;
2. Technical development, installation of facilities, necessary for manufacturers under
Article 15 to reuse goods or parts;
3. Installation and operation of facilities installed by a local government under Article
34-5;
4. Projects to promote international cooperation under Article 34-9; and
5. Other projects deemed by the Minister of Environment necessary for the promotion
of recycling of resources.
[This Article Newly Inserted by Act No. 8948, Mar. 21, 2008]
Article 35-3 (Legislative and Financial Measures)
The State and local
governments shall take legislative and financial measures necessary
for the implementation of policies to facilitate the recycling
of resources.
[This Article Newly Inserted by Act No. 8948, Mar. 21, 2008]
Article 36 (Report and Inspection)
(1) The Minister of Environment, the Ministers of Competent Ministries, the Special
Self-governing Do governor or the head of Si/Gun/Gu,
may require a person falling
under any of the following subparagraphs to make a necessary report or submit
materials in cases prescribed
by ordinance of the Ministry of Environment, such as
the case necessary to confirm whether or not the criteria in each subparagraph
of
Article 9 are observed, and have a relevant public official enter a facility, business
site, and workplace to investigate relevant
documents, facilities, and equipment:
1. Manufacturers under Article 9 (1);
260 Ministry of Government Legislation
2. Businesses under Article 10;
3. Manufacturers or importers subject to the imposition of waste charges under Article
12;
4. Waste dischargers under Article 12-2;
5. Manufacturers of the goods, the price of which includes the bond money for empty
containers under Article 15-2;
6. Producers obligated to recycle under Article 16;
7. Persons entrusted with recycling of goods and packing materials by producers
obligated to recycle under Article 16 (1);
8. Designated recycling businesses under Article 23;
9. Persons who install and operate energy recovery facilities under Article 24-2;
10. Designated by-product discharging businesses under Article 25; and
11. The Cooperatives under Article 27.
(2) Public officials, who enter a workplace to conduct investigations under paragraph (1),
shall carry a certificate indicating their authority and display it to the relevant persons.
(3) A person who fall under paragraph
(1) 3, 5 through 12, shall keep account books
and make records and preserve them under conditions prescribed by ordinance of the
Ministry of Environment.
(4) The Minister of Environment, the Ministers of Competent Ministries, the Special
Self-governing Do governor, or the head of Si/Gun/Gu
shall, when he/she intends
to enter a workplace for investigation under paragraph (1), notify the person subject
to investigation
of the investigation plan including the date of entrance into a
workplace, the causes, the details, three days before he/she enters
a workplace for:
Provided, that the same shall not apply to the case where notice is to be issued urgently
or it is deemed that
the objective of investigation may not be achieved due to
destruction of evidence.
[This Article Wholly Amended by Act No. 8948, Mar. 21, 2008]
Article 37 (Cooperation of Relevant Organs)
The Minister of Environment may, when he/she deems necessary to achieve the purpose
of this Act, request the head of a relevant
administrative organ for the matters in each
of the following subparagraphs. In such cases, the head of the relevant administrative
organ shall comply with it unless there is any special reason not to do so:
Laws on Green Growth, and Economic Investment in Korea
261
PENAL PROVISIONSCHAPTER VI
04_LawsConcerningGreenGrowth
1. Submission of materials necessary for the formulation of policies for facilitation of
recycling of resources;
2. Cooperation in matters necessary for the formulation of basic plan; and
3. Other matters prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8948, Mar. 21, 2008]
Article 38 (Delegation
and Entrustment of Authority)
(1) Part of the authority of the Minister of Environment or the Ministers of Competent
Ministries
under this Act may be delegated to the Special Metropolitan City Mayor,
Metropolitan City Mayors, Do Governors, the Special Self-governing
Do governor
or the heads of regional environmental government offices under conditions prescribed
by Presidential Decree.
(2) The Minister of Environment or the Ministers of Competent Ministries may entrust
part of the duties under this Act to a relevant
specialized institution, such as the
Corporation under conditions prescribed by Presidential Decree.
[This Article Wholly Amended
by Act No. 8948, Mar. 21, 2008]
Article 38-2 (Hearings)
The Ministry of Environment shall hold a hearing when he/she intends to revoke the
authentication of solid fuel products manufacturers
pursuant to Article 25-4 (2) and (3).
[This Article Newly Inserted by Act No. 8611, Aug. 3, 2007]
Article 39 (Penal Provisions)
A person who failed to submit a report or data or has submitted a false report or false
data and a person, who has refused, interfered
with or evaded entrance for investigation
under Article 36 (1) shall be punishable by imprisonment with prison labor for not more
than one year or by a fine not exceeding five million won.
[This Article Wholly Amended by Act No. 8948, Mar. 21, 2008]
Article
40 (Joint Penal Provisions)
(1) When the representative, agent, employee and any other worker of a corporation
262 Ministry of Government Legislation
commits any violation under Article 39 in relation to the business of the corporation,
not only shall the offender be punished,
but the corporation shall also be punished
by a fine as referred to in the same Article.
(2) When the representative, agent, employee and other worker of an individual commits
acts of violation under Article 39 in relation
to the business of the individual, not
only the offender shall be punished but also the individual shall be punished by a
fine
as referred to in the same Article.
[This Article Wholly Amended by Act No. 8948, Mar. 21, 2008]
Article 41 (Fines for Negligence)
(1) A fine for negligence not exceeding three million won shall be imposed upon a person
who falls into any of the following subparagraphs:
1. A person who failed to abide by the standards for the quality of packing materials,
method of packing, and goals of the annual
reduction of packing materials made
of synthetic resin for goods under Article 9 (1);
2. A person who has failed to perform an order for inspection under Article 9 (3);
3. A person who has used, or offered for free disposable goods in violation of Article
10;
4. A person who has failed to put a separate discharge mark or affixed a false mark
in violation of Article 14;
5. A person who has failed to refund the bond money for empty containers in violation
of Article 15-2 (2);
6. A person who has failed to pay handling fees in violation of Article 15-2 (3);
7. A person who has used unrefunded bond money in violation of Article 15-3 (1);
8. A person who has used solid fuels in violation of Article 25-2;
9. A person who has supplied without obtaining certification in violation of Article
25-3 (1); or
10. A person who has failed to perform an order to take measures under Article 26 (2).
(2) A fine for negligence not exceeding three
million won shall be imposed upon a person
who falls into any of the following subparagraphs:
1. A person who failed to perform an order to take measures under Article 12-2 (2);
2. A person who has failed to submit a plan for fulfillment of the obligation to recycle
or a report on the results of fulfillment
of the obligation to recycle under Article 18 (including
Laws on Green Growth, and Economic Investment in Korea 263
04_LawsConcerningGreenGrowth
the case to which the provisions as referred to in Article 29 (2) apply mutatis
mutandis); or
3. A person who has failed to keep records in or preserve books of account or has
made false records under Article 36 (3).
[This Article Wholly Amended by Act No. 8948, Mar. 21, 2008]
Article 42 (Imposition and Collection of Fines for Negligence)
(1)
Fines for negligence under Article 41 shall be imposed and collected by the Minister
of Environment, the Ministers of Competent
Ministries, the Special Self-governing
Do governor or the head of Si/Gun/Go (hereinafter referred to as "persons authorized
to
impose and collect fines for negligence") under conditions prescribed by Presidential
Decree.
(2) A person who is dissatisfied with the disposition of a fine for negligence under
paragraph (1) may raise an objection to a person
authorized to impose and collect
a fine for negligence within 30 days from the date on which he/she is notified of
such disposition.
(3) When a person who is subject to the disposition of a fine for negligence under
paragraph (1) raises an objection under paragraph
(2), a person authorized to impose
and collect fines for negligence shall, without delay, issue a notice to the competent
court
as to such fact, and the competent court to which such notice is issued shall
hold a court on the fine for negligence in accordance
with the Non-Contentious Case
Litigation Procedure Act.
(4) Any fine for negligence for which no objection has been raised within the period
of time under paragraph (2) and which is not
paid shall be collected pursuant to the
example of dispositions of national or local taxes in arrears.
[This Article Wholly Amended
by Act No. 8948, Mar. 21, 2008]
ADDENDA
Article 1 (Enforcement Date)
This Act shall take effect on May 8, 2009.
Articles 2 through 6 Omitted.
AsianLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.asianlii.org/kr/legis/laws/aotposaror525